Constitution of the Mosquito Reservation

Municipal Constitution for the Government of the Mosquito Reservation
Half of the Municipal Constitution of Mosquitia
Overview
Jurisdiction	Mosquito Reservation
Subordinate to	Treaty of Managua
Created	September 13, 1861
Chambers	Bicameral
Executive	Hereditary Chief
Commissioned by	George Augustus Frederic, in Bluefields
Supersedes	Constitution of the Kingdom of Mosquitia
Full text
Constitution of the Mosquito Reservation at Wikisource

The Constitution of the Mosquito Reservation, formally titled Municipal Constitution for the Government of the Mosquito Reservation, was a foundational legal document adopted on 13 September 1861 to establish a formal municipal government within the territory known as the Mosquito Reservation.^[1] The constitution was enacted under the authority of George Augustus Frederic, the Hereditary Chief of the Mosquitian Nation, following the 1860 Treaty of Managua between the United Kingdom and the Republic of Nicaragua.

The Mosquito Reservation was established under Article II and III of the Treaty of Managua (1860), which recognized the sovereignty of Nicaragua over the central portion of the former Kingdom of Mosquitia, while simultaneously guaranteeing the native Mosquitian people self-government. In accordance with the treaty, the Hereditary Chief and his government retained administrative control over internal affairs within the boundaries of the Reservation.

The constitution outlines a hybrid form of governance that incorporates elements of British constitutional principles, adapted to local traditions and the sociopolitical realities of the Miskito people.

• Article 1 establishes the name of the government as the Municipal Authority for the Government of the Mosquito Reservation.
• Article 2 defines the territorial boundaries of the Reservation based on the demarcations set out in Article II of the Treaty of Managua.

• Article 4 incorporates the common law and statutory law of England, pursuant to an 1846 act of the Mosquito Council, provided these are compatible with the sovereign authority of Nicaragua and the local context of the Reservation.

Legislative and Executive Bodies

• Articles 3, 5–6 provide for a bicameral municipal system consisting of:
  • A General Council, composed of 41 members plus the Hereditary Chief, appointed by the Chief with input from public convention. Members serve five-year terms.
  • Eligibility is restricted to male residents of legal age who have resided in the Reservation for at least three years and own property worth at least $250.
• Articles 7–8 establish an Executive Council, elected by the General Council, made up of the presiding officers of the General Council and 17 other members.
  • Executive Council members must be native Miskito men, at least 25 years old, literate, with five years’ residency and property valued at $500.

Roles and Responsibilities

• Article 9 designates the Hereditary Chief as the President of the General Council and the supreme executive authority.
• Articles 10–11 define the functions of the councils:
  • The General Council is tasked with legislating, adopting a constitution, appointing officers, and electing the Executive Council.
  • The Executive Council is vested with full executive power, including control over public finances, taxation, judicial appointments, land regulation, and overall enforcement of laws.
• Article 12 mandates that the presiding officers and secretary of the General Council also serve in the Executive Council.

Taxation and Public Obligations

• Article 13 imposes taxation on all residents and property within the Reservation to support the operations of the Municipal Authority.

Signatories and Promulgation

The constitution was signed at the Council Chamber in Bluefields on 13 September 1861 by George Augustus Frederic, Hereditary Chief and President, and J. H. Hooker, Government Secretary.

The 1861 Constitution represents a transitional legal instrument between the sovereign monarchy of the Kingdom of Mosquitia and the subordinate autonomy recognized under Nicaraguan sovereignty. It reflects the continuing efforts of the Mosquitian leadership to preserve self-rule and institutional governance within the framework imposed by international diplomacy.

Though modeled in part on British legal traditions, the constitution also maintained indigenous authority structures through the Hereditary Chief and communal involvement in governance. The document stands as a rare example of indigenous constitutionalism in 19th-century Central America, shaped by colonial legacies, local agency, and regional geopolitics.