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JOHN MIDDLETON CLAYTON (1796–1856)

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Originally appearing in Volume V06, Page 476 of the 1911 Encyclopedia Britannica.
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JOHN MIDDLETON CLAYTON (1796–1856)  ,
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American politician, was born in Dagsborough, Sussex county,
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Delaware, on the 24th of
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July 1796 . He came of an old Quaker
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family long prominent in the
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political
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history of Delaware . He graduated at Yale in 1815, and in 1819 began to practise law at Dover, Delaware, 'where for a time he was associated with his cousin, Thomas Clayton (1778–1854), subsequently a
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United States senator and chief-justice of the state . He soon gained a large practice . He became a member of the state House of Representatives in 1824, and from December 1826 to
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October 1828 was secretary of state of Delaware . In 1829, by a combination of anti-Jackson forces in the state legislature, he was elected to the United States Senate . Here his
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great oratorical gifts gave him a high place as one of the ablest and most eloquent opponents of the administration . In 1831 he was a member of the Delaware constitutional convention, and in 1835 he was returned to the Senate as a Whig, but resigned in the following
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year . In 1837–1839 he was chief justice of Delaware . In 1845 he again entered the Senate, where he opposed the annexation of
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Texas and the Mexican War, but advocated the active
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prosecution of the latter once it was begun . In March 1849 he became secretary of state in the
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cabinet of President Zachary Taylor, to whose nomination and election his influence had contributed . His brief tenure of the state portfolio, which terminated on the 22nd of July 185o, soon after Taylor's
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death, was notable chiefly for the negotiation with the
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British minister,
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Sir Henry Lytton Bulwer, of the Clayton-Bulwer Treaty (q.v.) .

He was once more a member of the Senate from March 1853 until his death at Dover, Delaware, on the 9th of

November 1856 . By his contemporaries Clayton was considered one of the ablest debaters and orators in the Senate . See the memoir by Joseph P . Comegys in the Papers of the
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Historical Society of Delaware, No . 4 (
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Wilmington, 1882) . CLAYTON-BULWER TREATY, a famous treaty between the United States and Great Britain, negotiated in 185o by John M . Clayton and Sir Henry Lytton Bulwer (Lord Dalling), in
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con-sequence of the situation created by the project of an inter-oceanic canal across
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Nicaragua, each signatory being jealous of the activities of the other in Central
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America . Great Britain had large and indefinite territorial claims in three regions—Belize or British
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Honduras, the Mosquito Coast and the
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Bay Islands.' On the other hand, the United States, without territorial claims, held in reserve, ready for ratification,
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treaties with Nicaragua and Honduras, which gave her a certain
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diplomatic vantage with which to balance the de facto dominion of Great Britain . Agreement on these points being impossible and agreement on the canal question possible, the latter was put in the foreground . The resulting treaty had four essential points . It bound both parties not to " obtain or maintain " any exclusive control of the proposed canal, or unequal
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advantage in its use . It guaranteed the neutralization of such canal .

It declared that, the intention of the signatories being not only the accomplishment of " a particular

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object "—i.e. that the canal, then supposedly near realization, should be neutral and equally
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free to the two contracting powers—" but also to establish a general principle," they agreed " to extend their
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protection by treaty stipulation to any other practicable communications, whether by canal or railway; across the isthmus which connects North and South America." Finally, it stipulated that neither signatory would ever " occupy, or fortify, or colonize, or assume or exercise any dominion over Nicaragua, Costa Rica, the Mosquito Coast or any
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part of Central America," nor make use of any
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protectorate or
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alliance,
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present or future, to such ends . The treaty was signed on the 19th of
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April, and was ratified by both governments; but before the
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exchange of ratifications Lord Palmerston, on the 8th of
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June, directed Sir H . Bulwer to make a " declaration " that the British government did not understand the treaty " as applying to Her Majesty's settlement at Honduras, or its dependencies." Mr Clayton made a
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counter-declaration, which recited that the United States did not regard the treaty as applying to " the British settlement in Honduras commonly called British-Honduras . . . nor the small islands in the neighbourhood of that settlement which may be known as its dependencies "; that the treaty's engagements did apply to all the Central American states, " with their just limits and proper dependencies "; and that these declarations, not being submitted to the United States Senate, could of course not affect the legal import of the treaty . The interpretation of the declarations soon became a
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matter of contention . The phraseology reflects the effort made by the United States to render impossible a
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physical control of the canal by Great Britain through the territory held by her at its mouth—the United States losing the above-mentioned treaty advantages, just as the explicit abnegations of the treaty rendered impossible such control politically by either power . But great Britain claimed that the excepted " settlement " at Honduras was the " Belize " covered by the extreme British claim; that the Bay Islands were a dependency of Belize; and that, as for the Mosquito Coast, the abnegatory clauses being wholly prospective in intent, she was not required to abandon her protectorate . The United States contended that the Bay Islands were not the " dependencies " of Belize, these being the small neighbouring islands mentioned in the same treaties; that the excepted " settlement " was the British-Honduras of definite extent and narrow purpose recognized in British treaties with Spain; that she had not con-firmed by recognition the large, indefinite and offensive claims whose dangers the treaty was primarily designed to lessen; and that, as to the Mosquito Coast, the treaty was retrospective, and mutual in the rigour of its requirements, and as the United States had no de facto possessions, while Great Britain had, the clause ' The claims to a part of the first two were very-old in origin, but all were heavily clouded by interruptions of possession, contested interpretations of
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Spanish-British treaties, and active controversy with the Central American States . The claim to some of the territory was new and still more contestable . See particularly on these claims Travis's
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book cited below.binding both not to " occupy " any part of Central America or the Mosquito Coast necessitated the abandonment of such territory as Great Britain was already actually occupying or exercising dominion over; and the United States demanded the
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complete abandonment of the British protectorate over the Mosquito Indians . It seems to be a just conclusion that when in 1852 the Bay Islands were erected into a British " colony " this was a flagrant infraction of the treaty; that as regards Belize the American arguments were decidedly stronger, and more correct historically; and that as regards the Mosquito question, inasmuch as a protectorate seems certainly to have been recognized by the treaty, to demand its absolute abandonment was unwarranted, although to satisfy the treaty Great Britain was bound materially to weaken it . In 1859-186o, by British treaties with Central American states, the Bay Islands and Mosquito questions were settled nearly in accord with the American contentions 2 But by the same treaties Belize was accorded limits much greater than those contended for by the United States .

This settlement the latter power accepted without cavil for many years . Until 1866 the policy of the United States was consistently for inter-oceanic canals open equally to all nations, and unequivocally neutralized; indeed, until 188o there was practically no

official divergence from this policy . But in 188o-1884 a variety of reasons were advanced why the United States might justly repudiate at will the Clayton-Bulwer Treaty.8 The new policy was based on
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national self-
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interest . The arguments advanced on its behalf were quite indefensible in law and history, and although the position of the United States in 1850-186o was in general the stronger in history, law and political ethics, that of Great Britain was even more conspicuously the stronger in the years 1880-1884 . In 1885 the former government reverted to its traditional policy, and the Hay-Pauncefote Treaty of 1902, which replaced the Clayton-Bulwer Treaty, adopted the
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rule of neutralization for the
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Panama Canal . See the collected diplomatic correspondence in I . D . Travis, History of the Clayton-Bulwer Treaty (
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Ann Arbor, Mich., 1899) ; J . H . Latane, Diplomatic Relations of the United States and Spanish America (Baltimore, 190o) ; T . J . Lawrence, Disputed Questions of
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Modern International Law (2nd ed., Cambridge, England, 1885) ; Sir E .

L . Bulwer in 99 Quarterly Rev . 235-286, and Sir H . Bulwer in 104

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Edinburgh Rev . 280-298 . CLAY-WITH-FLINTS, in geology, the name given by W . Whitaker in 1861 to a
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peculiar deposit of stiff red, brown or yellow clay containing unworn whole flints as well as angular shattered fragments, also with a variable admixture of rounded flint,
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quartz,
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quartzite and other pebbles . It occurs " in sheets or patches of various sizes over a large
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area in the south of England, from Hertfordshire on the north to Sussex on the south, and from Kent on the east to Devon on the west . It almost always lies on the
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surface of the Upper
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Chalk, but in Dorset it passes on to the
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Middle and
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Lower Chalk, and in Devon it is found on the Chert-Beds of the Selbornian
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group " (A . J . Jukes-Browne, " The Clay-with-Flints, its Origin and Distribution," Q.J.G.S., vol. lxii., 1906, p . 132) .

Many geologists have supposed, and some still hold, that the Clay-with-Flints is the

residue
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left by the slow solution and disintegration of the Chalk by the processes of weathering; on the other hand, it has long been known that the deposit very frequently contains materials
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foreign to the Chalk, derived either from the
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Tertiary rocks or from overlying drift . In the paper quoted above, Jukes-Browne ably summarizes 2 The islands were ceded to Honduras . The Mosquito Coast was recognized as under Nicaraguan rule limited by an attenuated British protectorate over the Indians, who were given a reservation and certain peculiar rights . They were left free to accept full Nicaraguan rule at will . This they did in 1894 . ' It was argued, e.g., that the " general principle " of that engagement was contingent on the prior realization of its " particular object," which had failed, and the treaty had determined as a
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special contract ; moreover, none of the additional treaties to embody the " general principle " had been negotiated, and Great Britain had not even offered co-operation in the protection and
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neutrality-guarantee of the Panama railway built in 1850-1855, so that her rights had lapsed; certain engagements of the treaty she had violated, and therefore the whole treaty was voidable, &c . the evidence against the view that the deposit is mainly a Chalk residue, and brings forward a good
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deal of evidence to show that many patches of the Clay-with-Flints lie upon the same
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plane and may be directly associated with
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Reading Beds . He concludes "that the material of the Clay-with-Flints has been chiefly and almost entirely derived from Eocene clay, with addition of some flints from the Chalk; that its presence is an indication of the previous existence of Lower Eocene Beds on the same site and nearly at the same relative level, and, consequently, that comparatively little Chalk has been removed from beneath it . Finally, I think that the tracts of Clay-with-Flints have been much more extensive than they are now " (loc . Gil. p . 159)• It is noteworthy that the Clay-with-Flints is
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developed over an area which is just beyond the limits of the ice sheets of the Glacial epoch, and the peculiar conditions of
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late Pliocene and
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Pleistocene times; involving heavy rains, snow and frost, may have had much to do with the mingling of the Tertiary and Chalky material . Besides the occurrence in surface patches, Clay-with-Flints is very commonly to be observed descending in "pipes" often to a considerable
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depth into the Chalk; here, if anywhere, the residual chalk portion of the deposit should be found, and it is surmised that a thin layer of very dark clay with darkly stained flints, which appears in contact with the sides and bottom of the
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pipe, may represent all there is of insoluble residue .

A somewhat similar deposit, a " conglomerat de silex " or "argile a silex," occurs at the

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base of the Eocene on the
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southern and western
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borders of the Paris basin, in the neighbourhood of
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Chartres, Thimerais and Sancerrois . (J . A .

End of Article: JOHN MIDDLETON CLAYTON (1796–1856)
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