Constitution of the City of Grey Town

Constitution of the City of Grey Town, or San Juan del Norte, in Central America
Preamble of the Constitution of the City of Grey Town
Overview
Jurisdiction	City of Grey Town
Subordinate to	Royal Commission
Created	April 5, 1852
Government structure
Branches	3
Chambers	Unicameral
Executive	City Mayor
Judiciary	Supreme, and Mayoral
Signatories	8 delegates
Full text
Constitution of the City of Grey Town at Wikisource

The Constitution of the City of Grey Town, also known as San Juan del Norte, was a foundational municipal charter adopted on April 5, 1852 by the native and adopted citizens of this port town located on the Caribbean coast of Central America, at the mouth of the San Juan River, in Mosquitia. Drafted in response to the region’s complex political environment and strategic economic position, the constitution established a framework for local self-governance, rooted in liberal democratic ideals, while drawing heavily on Anglo-American legal and political traditions.

In the mid-19th century, Grey Town—originally known as San Juan del Norte—emerged as a vital transit and trade hub due to its strategic location on the proposed interoceanic canal route and the Nicaragua Transit Route, operated by American businessman Cornelius Vanderbilt’s Accessary Transit Company. The town was also under British protection through the British Protectorate of the Kingdom of Mosquitia, contributing to its cosmopolitan character and a mixed population of English-speaking Creoles, Miskito people, and immigrants from Europe and North America.

The initiative to form a municipal constitution was prompted by the Mosquitian authorities, who governed Grey Town under British protection.^[1] On March 29, 1852, a proclamation was issued by James Green, Her Britannic Majesty’s Acting Agent and Consul General to Mosquitia, calling upon the people of Grey Town to create a government of their own.^[2]

In response, the residents held a public convention, appointed a drafting committee, and unanimously adopted the new constitution at a general assembly on April 5, 1852. The first elections under this constitution were held on April 15, 1852, resulting in the appointment of:

• A Mayor
• Five members of a Legislative Council
• Three Supreme Judges
• Various other civil officers

On May 1, 1852, the Mosquitian authorities formally relinquished power to the newly elected city government, which thereafter functioned autonomously, enacting legislation, collecting taxes, maintaining public order, and regulating commerce.

Boundaries

The Constitution defined the territorial boundaries of the City of Greytown as follows:

“Commencing at the mouth of Indian River, thence running up through the channel of said river 15 miles, thence in a direct line to include the head of the Machuca Rapids, thence down the San Juan River to its junction with the Colorado, and thence down the channel of the Colorado River to the Caribbean Sea.”

Structure and Provisions

The Constitution was organized into ten Articles, along with a concluding amendment procedure, outlining the rights of citizens and the framework for executive, legislative, and judicial governance.

Article I: Declaration of Rights

This article set forth a comprehensive bill of rights, affirming principles such as:

• Inalienable individual rights to life, liberty, and property
• Freedom of speech, press, and assembly
• Habeas corpus protections
• Trial by jury
• Protection from double jeopardy and self-incrimination
• Prohibition of ex post facto laws and bills of attainder
• Freedom from cruel or unusual punishment and excessive bail

These guarantees were modeled closely on Anglo-American constitutional traditions, particularly those of the United States.

Article II: Executive Department

The Mayor was established as the chief executive of the city, elected annually by popular vote. Responsibilities included:

• Oversight of all executive and civil functions
• Administration of criminal justice
• Suspension of sentences in capital or liberty-infringing cases (pending review by the City Council)
• Exclusive occupation of the mayoral office, with no dual mandates permitted

Article III: Officers and Their Duties

Key municipal officers were to be elected alongside the Mayor and Common Council, including:

• City Registrar (also Clerk, Secretary, and Postmaster)
• City Marshal (also Captain of Police and Public Administrator)
• City Attorney, Treasurer, Coroner, Health Officer, Surveyor, and Captain of the Port

These offices reflected the practical needs of a bustling port town with a growing administrative apparatus.

Article IV: Judicial Department

Judicial authority was vested in a Mayor’s Court and a Supreme Court composed of a Supreme Judge and two Associate Judges, empowered to hear appeals and resolve legal disputes. Their jurisdiction was confined to legal questions, not factual ones.

Article V: Legislative Department

The Common Council, comprising five elected members, served as the city’s unicameral legislative body. Its powers included:

• Enacting municipal laws and ordinances
• Levies and taxes
• Regulation of public spending and debt
• Oversight of elections and qualifications for public office
• Approving charitable donations and infrastructure projects

Decisions to borrow money or dispose of public land required citizen approval, ensuring a degree of direct democracy.

Article VI: Recognition of Legal Systems

The Constitution formally adopted the common law of England and recognized the decisions of the United States Supreme Court as persuasive precedent, illustrating the city’s integration of transatlantic legal norms.

Article VII: Legal Accountability

All public officers were declared subject to civil and criminal liability, with no immunity conferred by virtue of office, except limited protections for election officers on polling days.

Article VIII: Publication of Laws

No law was enforceable unless posted for at least ten days in four public places, in both English and Spanish, emphasizing the town’s bilingual and multicultural composition.

Article IX: Voting and Eligibility

Suffrage was granted to male citizens over 21 years of age who had resided in the city for 30 days. Convicted criminals and individuals deemed insane or mentally incapacitated were barred from voting or holding office.

Article X: Elections

Election procedures were clearly defined, including:

• Use of ballot boxes and paper tickets
• Appointment of inspectors and clerks to oversee elections and count votes
• Public and transparent ballot counting

Amendment Clause

The Constitution could be amended by a two-thirds majority of the voting populace following publication of the proposed changes, ensuring flexibility within a democratic framework.^[3]

Signatories

The Constitution was signed by prominent citizens of Greytown, including:

• William P. Kirkland
• Jean Mesnieb
• William B. Gerring
• W. B. Jadowniski
• J. V. Peres
• N. Boilvin
• William H. De Forrest
• Leon Mancho

Although short-lived in its original form, the Constitution of the City of Greytown represents a rare case of municipal constitutionalism and autonomous governance in Central America during the 19th century. It exemplifies how local populations—indigenous, creole, and immigrant—asserted self-determination during a period of imperial transition and contested sovereignty.

The document’s blend of local initiative, British authorization, and Anglo-American legal structure makes it a unique artifact of transnational governance in the Caribbean basin.

Bombardment of Grey Town