"any State through which the proposed ship-canal may 66 66 pass, a contract for the construction of such a canal as that "specified in this Convention, to the stipulations of which "contract neither of the contracting parties in this Conven"tion have any just cause to object, and the said persons or "company shall, moreover, have made preparations and "expended time, money, and trouble on the faith of such "contract, it is hereby agreed that such persons or company "shall have a priority of claim over every other person, persons, or company, to the protection of the Governments "of Great Britain and the United States, and be allowed a year, from the date of the exchange of the ratifications of "this Convention, for concluding their arrangements, and presenting evidence of sufficient capital subscribed to "accomplish the contemplated undertaking; it being under"stood that if, at the expiration of the aforesaid period, such persons or company be not able to commence and carry out "the proposed enterprise, then the Governments of Great "Britain and the United States shall be free to afford their "protection to any other persons or company that shall be "prepared to commence and proceed with the construction "of the canal in question. 66 66 "Art. 8. The Governments of Great Britain and the "United States having not only desired, in entering into "this Convention, to accomplish a particular object, but also "to establish a general principle, they hereby agree to extend "their protection by treaty stipulations to any other prac"ticable communications, whether by canal or railway, across "the isthmus which connects North and South America; "and especially to the interoceanic communications, should "the same prove to be practicable, whether by canal or "railway, which are now proposed to be established by the 66 way of Tehuantepec or Panama. In granting, however, "their joint protection to any such canals or railways as are by this Article specified, it is always understood by Great "Britain and the United States, that the parties constructing 66 or owning the same shall impose no other charges or con "ditions of traffic thereupon than the aforesaid Governments "shall approve of as just and equitable; and that the same "canals or railways, being open to the subjects and citizens "of Great Britain and the United States on equal terms, "shall also be open on like terms to the subjects and "citizens of every other State which is willing to grant "thereto such protection as Great Britain and the United "States engage to afford. 66 66 "Art. 9. The ratifications of this Convention shall be exchanged at Washington within six months from this day, or sooner if possible. "In faith whereof, we, the respective Plenipotentiaries, "have signed this Convention, and have hereunto affixed our Seals. 66 "Done at Washington, the nineteenth day of April anno "Domini One thousand eight hundred and fifty. (Signed) "HENRY LYTTON BULWER. CCVIII. Before the ratifications were exchanged, it was explained by the British to the American Plenipotentiary, that the words "or any part of Central America" were not to apply to the British settlements in Honduras, or its dependencies. This explanation was fully adopted by the American Plenipotentiary, and the ratifications were exchanged. The Treaty was subsequently submitted by the President of the United States to the Senate (c), and was approved of, after discussion, by that deliberative assembly. It was, however, contended by certain persons averse from the conditions of the Treaty, that the Senate did not understand that the Treaty was to be construed with reference to the American Plenipotentiary's consent, which had been expressed in the reply to the British Plenipotentiary's explanation with respect to the Honduras, and consequently (b) Annual Register (1850), pp. 387–390. that the Senate had in reality not assented to the Treaty so qualified. Though there is no ground for this supposition, the objection evinces how much a knowledge of the department of Government in which the power of making and ratifying Treaties is vested by the Constitution of each State, is necessary for the security of the foreign relations of all States. CCIX. The reason of the thing would indeed seem to have excluded the Honduras, as the terms were employed in the Treaty, even without the subsequent express limitation, from the category of "Central America," though geographically and literally within the scope of the expressions. It is true that Great Britain had originally only certain limited jura in re with respect to the Honduras, such as the right of cutting mahogany and logwood conceded to her by Treaties with Spain, the right of sovereignty being reserved to the Crown of the latter country; yet since Spain has ceased to exercise any sovereignty, either at Honduras or in the circumjacent territory, and the British jurisdiction is exercised there under a Commission of the Crown which has been recognized by the United States, inasmuch as their Consul is received at Belize under the exequatur of the British Crown, Honduras, therefore, was justly considered as both de facto and de jure a British settlement; and the terms in the Treaty appear, by the ordinary and admitted rules of construction (d) applied with reference to the subject-matter and context of the Treaty, not to include the British possession of Honduras (e). The discordant constructions put by England and the United States upon this Treaty did not, as has been shown, receive a satisfactory adjustment until 1859-60, when England, by separate Treaties with Honduras and Nicaragua, (d) Vide post, chapter on TREATIES, vol. ii. part v. chap. viii. (e) "Convention entre sa Majesté le Roi de la Grande-Bretagne et sa Majesté le Roi d'Espagne, conclue à Londres le 14 juillet 1786.”— Martens, Rec. de Tr. iv. (1786), pp. 133-140. Annual Register, 1787, p. 78. relinquished the Mosquito protectorate, and recognized the Bay Islands as part of the Republic of Honduras (ƒ). The neutral character of this ship-canal between the Atlantic and Pacific Oceans has been thus recognized and established. The neutrality of what is called the “Hon"duras Interoceanic Railway" was guaranteed by a Convention of August 27, 1856, between Great Britain and Honduras (g). (f) De Martens, vol. xlv. p. 374; Hertslet's Treaties, vol. xi. p. 367. (g) Lawrence's Wheaton, i. p. 478; Hertslet's Treaties, vol. x. p. 871. The contract between the State of New Granada and the Panama Rail way Company is given in the State Papers, vol. xlii. p. 1187. In 1846 the United States and New Granada entered into a Treaty of Commerce and Navigation.-State Papers, vol. xxxvi. p. 994. See also Treaty between England and the United States of Colombia, February 16, 1866. CHAPTER X. SELF-PRESERVATION. CCX. THE Right of Self-Preservation, by that defence which prevents, as well as that which repels, attack, is the next International Right which presents itself for discussion, and which, it will be seen, may under certain circumstances, and to a certain extent, modify the Right of Territorial Inviolability. CCXI. The Right of Self-Preservation is the first law of nations, as it is of individuals. A society which is not in a condition to repel aggression from without, is wanting in its principal duty to the members of which it is composed, and to the chief end of its institution (a). All means which do not affect the independence of other nations are lawful for this end. No nation has a right to prescribe to another what these means shall be, or to require any account of her conduct in this respect. CCXII. The means by which a nation usually provides for her safety are--1. By alliances with other States. 2. By maintaining a military and naval force. And 3. By erecting fortifications, and taking measures of the like kind within her own dominions. Her full liberty in this respect cannot, as a general principle of International Law, be too boldly announced or too firmly maintained; though some modification of it appears to flow from the equal and corresponding (α) Vattel, t. i. c. xiv. s. 177. Οὐ γὰρ αἵρεσίς ἐστιν ἡμῖν τοῦ πράγματος, ἀλλ' ὑπολείπεται τὸ δικαιότατον καὶ ἀναγκαιότατον τῶν ἔργων, ὃ ὑπερβαίνουσιν ἐκόντες οὗτοι. τί οὖν ἐστι τοῦτο; ἀμύνεσθαι τὸν πρότερον πολεμοῦνθ ̓ ἡμῖν. Demosth. neрì Tv év Xeppov. c. 91. Est igitur hæc non scripta sed nata lex, etc.-Cic. pro Milone, c. 4, |