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Re-published from the original David George Lord 1975 doctoral dissertation of the same title and with the permission of the Author
Adapted by AboutUtila.com WebMaster to facilitated on-line navigation and reading.
Copyright by David George Lord 1975
Table of Contents ● Chapter 1 2 3 4 5 6 7 ● References ● Appendices
Appendix A - A-1 1859 Treaty between Great Britain and the Government of Honduras ceding the Bay Islands and the British territory of the Mosquitia to the Republic of Honduras
A-2 1861 Honduras Decree in which the Bay-Islands and territory of the Mosquitia are declared to be under the Dominion and Sovereignty of the Republic of Honduras
Appendix B - Table B-1: Population of The Bay Islands 1881-1961
Table B-2: Population of Utila 1958-1974
(Translated from Monografia del Departamento de las Islas de la Bahia, by Abel Valladares, pp. 2ff.)
"Treaty Celebrated Between Her Britannic Majesty and the Government of Honduras"
Victoria, by the Grace of God Queen of the United Kingdom of Great Britain and Ireland, Defender of the Faith &.&.&.--To all and Singular to whom these Presents shall come Greeting!. WHEREAS a Treaty between Us and the Republic of Honduras was concluded and signed at "Comayagua" on the Twenty Eighth day of November, in the Year of Our Lord One Thousand Eight Hundred and Fifty Nine, by the Plenipotentiaries of Us and of the said Republic duly and respectively authorized for that purpose, which Treaty is, word for word as follows:
Treaty Between Her Majesty and The Republic of Honduras
Her Majesty, the Queen of the United Kingdom of Great Britain and Ireland and the Republic of Honduras, being desirous of settling in an amiable manner certain questions in which they are mutually interested, have resolved to conclude a treaty with such a purpose and have named as their plenipotentiaries, namely:
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, through Charles Lennox Wyke, Squire, Officer of the very honorable Order of the Bath, Envoy Extraordinary and Minister Plenipotentiary of Her Majesty on a special mission to the Republics of Central America, and His Excellency; the President of the Republic through Don Francisco Cruz, Political Chief of the Department of Comayagua: who, having communicated their respective plenary powers and finding them in good and appropriate form, have agreed to and celebrated the following articles:
Article I Taking into consideration the peculiar geographic position of Honduras and in order to assure the neutrality of its adjacent islands, with reference to any railroad or other line of interoceanic communication that could be constructed across the mainland territory of Honduras, Her Britannic Majesty agrees to recognize the islands Ruatan, Guanaja, Elena, Utila, Barbareta and Morat, known as the "Bay Islands," and situated in the Bay of Honduras, as a part of the Republic of Honduras. The inhabitants of the aforementioned islands will not be molested in the possession of whatever property they have acquired, and they will retain complete freedom of belief and religious worship in public and private, but they will remain in all other areas subject to the laws of the Republic. If some of them should desire to leave the aforementioned islands, they will be completely free to do so, (and) to dispose of their real estate or whatever other (property) as they believe profitable, and to take with them the wealth they realize (therefrom).
The Republic of Honduras promises not to cede the aforementioned islands, or any one of them, or the right of sovereignty over said islands or any one of them, nor part of the aforementioned sovereignty, to any nation or state whatsoever.
Article II Her Britannic Majesty promises to adhere (without reservation) to the conditions and specific promises of the present treaty, and without any prejudicial question of boundaries between the Republic of Honduras and Nicaragua, to recognize as belonging to and under the sovereignty of the Republic of Honduras, the territory until now occupied and possessed by the Mosquito Indians inside the border of the Republic, whatever the aforementioned boundaries may be.
The British Protectorate of that part of the Mosquito territory will cease three months after the exchange of ratifications of the present treaty so that the Government of Her Majesty can give the necessary instructions in order to fulfill the stipulations of the present treaty.
Article III The Mosquito Indians in the district acknowledged (in) Article II of this treaty as belonging to and under the sovereignty of the Republic of Honduras, will have freedom to move with their property outside the territory of the Republic with their property (to wheresoever they will), and all those Mosquito Indians that remain within the aforementioned district will not be hindered in the possession of whatever lands and other property they have and occupy, and they will enjoy as natives of the Republic of Honduras all the privileges that the natives of the Republic generally enjoy.
The Republic of Honduras, with the desire of educating all Mosquito Indians and bettering their social condition in the district occupied by them, will grant an annual sum of five thousand pesos in gold or silver, during the next ten years, paid to the principal of the Mosquitoes in that district, the aforesaid payment guaranteed through a mortgage on all woods and other natural products (whatsoever they may be) of the uncultivated lands in the Bay Islands and Mosquito Territory.
These payments will be made semiannually (in the amount of) 2500 pesos each, the first of which payments will be made six months after the exchange of ratifications of the present treaty.
Article IV Having in mind that the British subjects may already have obtained from the Mosquito Indians through grant, lease, or other manner interests in various lands situated within the district mentioned in the preceding article, the Republic of Honduras promises to respect and sustain the possession of such interests: and agrees besides that her Britannic Majesty and the Republic of Honduras will name two commissioners within twelve months from the exchange of the ratifications of the present treaty, one for each party, in order to investigate the titles of British subjects (so) that they can have issuance from such grants, leases, or otherwise (held interests); and all British subjects whose titles are declared by the commissioners (to be) well founded and valid will remain peacefully in possession of their respective interests in the aforementioned lands.
Article V It is also agreed between the contracting parties that the commissioners specified in the preceding article will examine and decide on whatever British claims may be made to the Government of Honduras that may be presented besides those specified in the article and that are found pending: and the Republic of Honduras agrees to comply with the stipulations made up until now on British claims that have not been carried to an end.
Article VI The commissioners specified in the preceding articles will reconvene in Guatemala as soon as they conveniently can after they have been named and before proceeding to other tasks, they will make and sign a solemn declaration of impartiality and carefulness (and that) they will examine and decide according to their best understanding and according to justice and equity, without fear, favor or bias toward their own country, all the business that (may) be referred to their decision, and such declaration ought to be registered in the protocols of their proceedings.
The commissioners ought after and before proceeding to any other negotiation, to name some third (party) that (can) function as arbitrator or judge in the case or cases where there is disagreement in opinion.
If by chance there is no agreement in the election of some person, the commissioners, each one for his part, will name a person and on each occasion the commissioners disagree in opinion touching the decision they have to give, it will be determined by chance which of the two persons thus named will be arbitrator or judge in that particular case. The person or persons thus chosen, before they can function, will make and sign a solemn declaration, in a form similar to that which has already been made and signed by the commissioners, which declaration will also be put down in writing in the protocols of their proceedings.
In case of death, absence or incapacity of such person or persons, or that they omit, decline or cease functioning as arbitrators or judges, another person or persons will be named (as already prescribed) so that they function in place of that one or those (defaulting) and they will make and sign a declaration (of the type already noted).
Her Britannic Majesty and the Republic of Honduras promise to consider the decision of the commissioners of (man-comun) or of arbitrator or judge according to what the case may be, as final and conclusive on the matters that are referred to their decision, and in addition promise to give it immediate compliance.
Article VII The commissioners and the arbitrator or judge will execute an exact protocol and correct notes of all their operations together with their dates and they will name and employ a secretary and other persons who can assist them in the transaction of the business that is presented to them.
The salaries of the commissioners will be paid by their respective governments. The incidental bills of the commission including the salary of the arbitrator or judge and the secretary will be paid in equal parts by both governments.
Article VIII The present treaty will be ratified and the ratifications will be exchanged in Comayagua as soon as possible within six months, counting from this date.
In testimony of which the respective plenipotentiaries have signed the present and put their respective seals.
In Comayagua, the 28th day of November in the Year of Our Lord One Thousand Eight Hundred and Fifty-nine.
(Ratified by Great Britain 3 February, 1960 and by Honduras the 15th February, 1960)
S.E. the Captain General, President of the State, Whereas: In recognition of the Treaty which is ratified and in force with Her Britannic Majesty's Government through which the Bay Islands and the Territory of the Mosquitia are given back to the State it is expedient to enact the following.
Art.1 The Bay Islands and Mosquitia Territory in Honduras are from henceforth forever under the dominion and Sovereignty of the Republic.
Art.2 The inhabitants of the places in reference are to be subject to the Government of the State and as subjects are to enjoy satisfactory protection in their persons, properties and rights.
Art.3 Lawyer Rafael Padilla Duran, the Commandant of the Port of Trujillo and Mr. Francisco Cruz are to have the faculty as representatives of the Government to take possession of the territories in reference and that they establish in the diverse Departments of the Government the regime most in conformity with the needs and interest of those inhabitants. Consequently, the Civil Authorities, Military and Finance of the Department of Yoro, shall punctually assist the aforesaid gentlemen in every thing regarding their mission.
Art.4 A knowledge of the present Decree is to be given to S.C.L. urging him to proclaim the laws whereby the Islands and Mosquitia Territories are to be definitely governed.
Given at the Government House, in Comayagua, this twenty-second day of April of the year 1861.
(s) SANTOS GUARDIOLA
The Minister of Foreign Affairs and Government
|Year of Census||1881||1887||1910||1961||1926||1930||1935||1940||1945||1950||1961|
Table B-2: Population Figures for the Island of Utila
[a] Rose, op. cit., p. 11 (based on his own census)
[b] Rose, op. cit., p. 56 (based on a census done by Rev. Edward Webb, visiting Methodist missionary to Utila)
[c] Rose, op. cit., p. 60 (based on interpolation of death figures given, viz., one death represented one-fifth of one percent of the population)
[d] Figure provided by Alcalde Handford Bodden, based on March 1974 national census data
[e] Valladares, op. cit., p. 22 (drawn from Resumen del Censo General del Departamento de Islas de la Bahia levantado el 30 de Junio de 1935, con los aumentos posteriores)
[f] Poblacion y Vivienda, April 1961, p. 102--Secretaria de Economia y Hacienda, Tegucigalpa, D.C., Honduras, C.H., Marzo de 1963
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