20,964.
No. 31.
(BRITISH HONDUras.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
We are honoured with your Lordship's commands, signified in Mr. Currie's letter
Royal Courts of Justice, 25th November 1884. of the 1st September, stating that with reference to our report of the 12th August* relative to the protest of Guatemala against the continued occupation by Great Britain of a certain portion of British Honduras, which was claimed by Guatemala, and in which we suggested that an inquiry should be instituted into the circumstances under which the Boundary Commissioners appointed under the Convention of 1859 ceased their labours, he was to transmit a copy of a further memorandum by Sir E. Hertslet, prepared on the 24th December, 1883.+
That at pp. 4 and 5 would be found stated the causes which led the Boundary Commissioners, who met in 1860 for the purpose of executing the provisions of Articles II.-V. of the Convention of 1859, to suspend their labours in the following April.
That Mr. Currie was to request that we would inform your Lordship whether, in view of the facts, we were of opinion that Her Majesty's Government were morally bound to take steps to meet the obligations imposed on them by Article VII. of the Convention of 1859, notwithstanding the failure of the Guatemalan Government to ratify, within
the appointed time, the Supplementary Convention of 1863, for the construction of a road from Guatemala to the Atlantic, at a spot near Belize.
That the former papers and copy of our report of the 12th August were inclosed.‡ In obedience to your Lordship's commands we have the honour to
Report
That the 1st Article of the Convention of 1859 states what always “was and is" the boundary of British Honduras. The next Article provides for its exact demarcation.
It now appears that the two Governments commenced, by their Commissioners, to mark out the boundary, and that, after a portion of it had been agreed upon, temporary physical difficulties prevented its being defined at a point north of Garbutt Falls. The Commissioner appointed by her Majesty's Government was then ordered to cease going on with the work until further orders. that Mexico claimed the territory north of Garbutt Falls, and also part of British The ground for this order seems to have been Honduras itself. It seems, therefore, that the failure to define the boundary under Article II. of the Convention was due solely to the action of Her Majesty's Government.
There seems no doubt that, prior to the Convention of 1859, Guatemala claimed territory which the British then occupied. Sir C. Wyke, who negotiated that Conven. tion, reported that Great Britain had no right, except actual occupation, to a large portion of the territory which the Convention recognises as belonging to this country, that, but for some inducement, Guatemala never would have consented to Article the Convention, and that Article VII. was, in fact, the fine paid to secure the consent of Guatemala.
of
Now, the Convention of 1863 does not purport, in terms, to be, of itself, a satisfaction of the obligation created by Article VII. of the Convention of 1859, for, by the Vth Article of the Convention of 1863, it was provided that "the Republic accepts the said sum of 50,000l., to be paid for the purpose of constructing the line of communication
""
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as a full and entire discharge of, and release from, all the obligations contracted by Her Britannic Majesty by the stipulations of the VIIth Article of the Convention of "the 20th April, 1859.”
The Convention of 1863 fell through, owing to the failure of Guatemala to ratify it within the appointed time, and consequently no payment has been made under it.
No. 21.
Memorandum (Sir E. Hertslet), December 21, 1883, Confidential No. 4917.
Memorandum (Sir E. Hertslet), July 28, 1880, Confidential No. 4719; Memorandum (Sir E. Hertslet), June 17, 1881, Confidential No. 4982; Señor Medina, April 5, 1884; Convention between Great Britain and Guatemala, April 30, 1859, Treaty No. 432; Convention between Great Britain and Guatemala, August 5, 1863 (lot ratified); Law Officers, August 12, 1884.
T
15937--23
35.-12,85.
PUBLIC RECORD OFFICE
Reference :-
PLC.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO