in the course of a few years, the population, by increase and immigration, amounted to upward of a thousand. For some time they appear to have been without any form of government, living in very primitive style; but with the increase of inhabitants they organized a kind of council, and elected its members from among themselves. This condition of things did not escape the watchful eye of the Belize superintendent, who, as the Cayman Islanders were British subjects, failed not to discover here some kind of pretext for assuming the control and sovereignty of the islands. He seems to have informed the inhabitants at various times that, as English subjects, he should be glad, if they desired it, to nominate magistrates in the island to keep the peace between them; that he did not claim the authority to interfere in their local affairs, but that he was willing to do so on their application to that effect. The islanders, however, preferred to elect their own magistrates, the principal of whom was a Mr. Fitzgibbon, a citizen of the United States. It was not until the commencement of the year 1849 that they "applied" to Colonel Fancourt "to establish a regular form of government in the island!" This was certainly a very adroit and plausible way of consummating the violence of Macdonald.

Colonel Fancourt, upon this application, recommended to the inhabitants to choose twelve representatives to form a legislative assembly for the enactment of laws, etc., subject to his veto. He nominated five magistrates, but in a short time the people grew dissatisfied with their conduct, and elected others. The Superintendent declared that this was an encroachment on the prerogative of the crown, and, unless they submitted to his nominees, he should withdraw her majes

ty's protection. They respectfully informed him that, being a non-resident, and unacquainted with the quali fications of individuals, he ought to allow them the privilege of electing municipal authorities.

Under this state of things, that portion of the inhabitants which was desirous of being taken under British protection drew up a petition soliciting the appointment of a stipendiary magistrate, and pledging their honor to raise a sufficient revenue to pay his salary and contingent expenses.

The condition of affairs existing at this time, i. e., 1850, is thus described by Captain Mitchell, R. N., from which it appears that neither the people themselves nor the British government regarded Roatan as under British authority.

"The people aver that they are quite ignorant under what government they are placed, and whether her majesty's Superintendent at Belize has any authority over them; they are desirous of knowing in what position they are regarded. Some discontented people, such as are found in all communities, have poisoned the minds of others, inducing them to collect together and appoint magistrates in opposition to those recommended by his excellency the Superintendent of Belize.

"At times the island has been (from their not knowing their exact position, and from the influence of the discontented) without any sort of government, every man fearing for himself and what he possessed. Such was the state of things when I arrived; they have now elected magistrates, from universal suffrage, to act until the pleasure of the Governor of Jamaica shall be known, to whom they have sent a petition."*

To make their petition as imposing as possible, it is alleged that the partisans of a British protectorate added to it the names of the children at the school of the

* Statistical Account and Description of the Island of Roatan, by Commander R. C. Mitchell, R. N., United Service Magazine, August, 1850.

Wesleyan Mission, and resorted to other expedients of a similar kind to swell the dimensions of the document, which was sent to the Superintendent of Belize for transmission to the British Secretary of State for the Colonies. In consequence, Captain Jolly, of the British Navy, was ordered to Roatan by Sir Charles Grey, Governor of Jamaica, to ascertain of the inhab itants whether, if the government appointed a paid magistrate in the island, they would consent to pay a land-tax of a shilling an acre to the British crown. To this proposition, commended by the guns of a vessel of war, and a variety of other influences equally potent, it is not at all surprising that the inhabitants gave their consent.*

* The facts contained in the following protest of the popularly elected chief magistrate of the island, made on this occasion, have never been disputed, and must be accepted until disproved.

Protest against the Occupation of the Islands of Roatan, Bonacca, Utila, Barbaratta, Morat, Elena, etc., by the British Government.

Whereas, in the month of August last past, Lieutenant Jolly, commanding H. B. M.'s war schooner Bermuda, took formal possession of the above-named islands in behalf of the British crown, declaring them to be an English colony, under the title of the "Colony of the Bay Islands," and gave unto certain individuals a commission to act as magistrates:

I, William Fitzgibbon, chief justice of the said islands, as elected by the people, and acting chief magistrate, as provided for by the Constitution (adopted by the people) in the absence of John James Hall, Esq., the chief magistrate, do most solemnly protest, in the name of the sovereign State of Honduras, whose territorial right is indisputable, and in the name of the local authorities of these islands, against the said occupation, and declare it to be illegal, unjustifiable, and an act of usurpation against existing treaties, as follows:

1st. Because the said occupation is made in defiance of the publicly expressed wishes of the settlers, as given by them at a public meeting held at the courthouse, Roatan Island, at the request of the said Lieutenant Jolly, upon which occasion two votes only were given in favor of British occupation, viz., Uin Elwin and Thomas Hilton, while the remainder of the meeting, consisting of all the principal settlers, voted against the measure.

2d. Because the letter purporting to have been addressed to Sir Charles Grey by the settlers, and upon which the act of occupation is grounded as a right, was never presented for signature at a public meeting, as required by the local laws of these islands, but was written by the aforesaid Uin Elwin, who, by threats and

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Colonel Wodehouse, of Ceylon celebrity, had meanwhile been appointed Superintendent of Belize. of his earliest acts was to visit Roatan in person. proceeded there in her majesty's brig of war "Persian," and calling together a "general meeting," on the 10th day of August, 1852 (more than two years after the ratification of the convention of Washington of July 5th, 1850), formally occupied Roatan and the adjacent islands on behalf of the British crown, and declared them annexed to the Superintendency of Belize, under the style of the "Colony of the Bay Islands."

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The royal warrant for the erection of these islands as a colony under the above title bears date March 20, 1852, and sets forth that, "Whereas it hath been represented unto us that the said islands are inhabited by divers subjects of our crown, who are rapidly increasing in numbers, we have therefore deemed it expedient to make provision for the government of the settlement or settlements already formed or to be formed in these

intimidation, obtained fourteen signatures out of a population of about 1800; and afterward affixed, or caused to be affixed thereto, the names of the children attending the Methodist and Baptist schools, and forwarded the same to Colonel Fancourt, the British Superintendent at Belize, declaring it to contain the writes of ALL the inhabitants, except a few malcontents.

3d. Because the said occupation is made in open violation of the solemn treaties entered into with Spain, and subsequently confirmed to the confederated States of Central America, and after repeated abandonments of the said islands by the British government, who disavowed the acts of its agents on the occasion of former occupation.

4th. Because, by a solemn treaty entered into between the United States and Great Britain in the month of April of the present year, 1850, and confirmed and ratified by both governments on the 5th day of July last past, neither power could establish colonies or settlements, or erect fortifications in any part of Central America; and as, on the dates in question, the British government had not a solitary representative in these islands, the government being vested in officers elected by the people, the occupation is now made in open violation of said treaty. Given under my hand and seal, at Roatan, this 15th day of September, in the year of our Lord one thousand eight hundred and fifty.

WM. FITZGIBBON, Chief Justice and Acting Chief Magistrate.

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islands, and they are therefore, with their dependencies, hereby erected into a colony," etc. The Governor of Jamaica is made equally the governor of the new colony, which is to have a General Assembly of twelve persons, "who shall be able to read and write," three to be elected annually, whose duty, in concurrence with the governor, is defined to be, "to make, constitute, and ordain laws, statutes, and ordinances for the public peace, welfare, and good government of our said colony," etc., etc. The governor is invested with a negative on the enactments of the assembly, and furthermore authorized to prorogue or dissolve it at his discretion. He has also the power to appoint a lieutenant governor of the colony, which post has uniformly been devolved upon the Superintendent of Belize.

The proclamation of these islands as a British colony attracted immediate attention in the United States, where it was universally regarded as a direct violation of the convention of July 5, 1850, between the United States and Great Britain, in relation to Central America, which provides that "the governments of the United States and Great Britain, neither the one nor the other, shall ever occupy, or fortify, or colonize, or assume or exercise any dominion over Costa Rica, Nicaragua, the Mosquito Shore, or any part of Central America." The matter was brought under the attention of Congress, and the Committee on Foreign Relations of the Senate, after a full consideration of the subject, reported "that the islands of Roatan, Bonacca, Utila, etc., in and near the Bay of Honduras, constitute part of the territory of the republic of Honduras, and therefore form a part of Central America;' and, in consequence, that any occupation of these islands by Great Britain is a violation of the treaty of July 5, 1850.”