IV. The Contracting Parties will use whatever in

Relations territoriales et autres. 189

fluence tbey respectively exercise with any State, States, or Governments possessing, or claïming to possess, any jurisdiction or right over the territory whieh the said canal shall traverse, or which shall be near the waters applicable thereto, in order to mduee such States or Governments to facilitate the construction of the said canal by every means in tbcir power; and furthermore, Great Britain and the United States agrée to use their good oitices, wherever or however il may be most expédient, in order to procure the establishment of two Free ports, one at each end of the said canal.

Y. The Contracting Parties further engage thaï, when the said canal shall have been completed, ihey will protect if from interruption , seizure, or nnjust confiscation, and that they will guaranlee the neutrahty thereof, so that the said canal may for ever be open and free, and the capital invesled tnerein seeure. Nevertheless, the Governments of Great Britain and the United States, m according their protection to the construction ot the said canal, and guaranteeing its neutrality and seeurity wheu completed, aiways understand that this protection and guaranlee are granted conditionally, and may be withdrawn by both Governments, or either Government, il both Governments or either Government should deem, that the persons or company undertaking or managing the same adopt or establish such régulations concerning the trafiic thereupon as are cootrary to the spirit and intention o{ this Convention; either by makmg unfair discriminations in favour of the commerce of one of the Contracting Parties over the commerce of the other, or by imposing oppressive exactions, or unreasonable tolls upon passcngers, vessels, goods, wares, merchandize, or other articles. Neither party, however, shall withdraw the aforesaid protection and guaranlee, without first giving six montlis' notice to the other.

VI. The Contracting Parties in this Convention en- «rage to invite every State with which both or either Bave friendly intercourse , to enter into stipulations with them similar to those which they have entered mto with each other, to the end that ail other States may share in the honour and advantage of having contributed to a work of such gênerai interest and importance as the canal herein centemplated ; and the Contracting Parties likewise agrée that each shall enter into Trealy stipula-

Amérique centrale,

lions wilh such of the Central American States as they may deem advisable, for the purpose of more effectually carrying out the great design of this Convention; namely, that of constructing and mainlaining the said canal as a ship-communication between the two Océans, for the benefit of rnankind^ on equal terms to ail, and of protecting the same; and they also agrée that the good offices of either shall be employed, wnen requested by the other, in aiding and assisting the negotiation of such Treaty stipulations; and should any différences arise as to right or property over the territory through which the said canal shall pass, between the States or Governments of Central America, and such différences should in any way impede or obstruct the exécution of the said canal, the Governments of Great Britain and the United States will use their good offices, to settle such différences in the manner best suited to promote the interests of the said canal, and to strengthen the bonds of friendship and alliance existing between the Contracting Parties.

VIL ït being désirable that no time should be unnecessarily lost in commencing and constructing the said canal, the Governments of Great Britain and the United States détermine to give their support and encouragement to such persons or company as may first offer to commence the same, with the necessary capital, the consent of the local authorities, and on such principles as accord with the spirit and intention of this Convention; and if any persons or company should already have, with any State through which the proposed ship-canal may pass, a contract for the construction of such a canal as that specified in this Convention, to the stipulations of which contract neither of the Contracting Parties in this Convention have any just cause to object, and the said persons or company shall, moreover, have made préparations and expended time, money, and trouble on the faith of such contract, it is hereby agreed, that such persons or company shall have a priority of claim over every other person, persons, or company, to the protection of the Governments of Great Britain and the United States, and be allowed a year, from the date of the exchange of the ratifications of this Convention, for concluding their arrangements, and presenting évidence of sufficient capital subscribed to accomplish the

Relation» territoriales et autres. I91

contemplated undertaking; it being understood that if, at the expiration of the aforesaid period, such persons or company be not able to commence and carry out the proposed enterprise, then the Governments of Great Britain and the United States shall be free to afford their protection to any other persons or company, that shall be prepared to commence and proceed with the construction of the canal in question.

VIII. The Governments of Great Britain and the United States having not only desired, in entering into this Convention, to accomplish a particular object, but also to establish a gênerai principle;, they hereby agrée to extend their protection by Treoly stipulations to any other practicable communications, whether by canal or railway, across the isthmus which connects North and South America; and especially to the interoceanic communications, should the same prove to be practicable, whether by canal or railway, which are now proposed to be established by the way of Tehuantepec or Panama. In granting, however, their joint protection to any such canals or railways as are by this Article specified, it is always understood by Great Britain and the United States, that the parties constructing or owning the same shall impose no other charges or conditions of traffic thereupon than the aforesaid Governments shall approve of as just and équitable; and that the same canals or railways, being open to the subjects and citizens of Great Britain and the United States on equal terms, shall also be open on like terms to the subjects and citizens of every other State, which is willing to grant thereto such protection as Great Britain and the United States engage to afford. . ,

IX. The ratifications of this Convention shall be exchanged at Washington within six months from this day, or sooner if possible.

In faith whereol' we, the respective Plénipotentiaires, have signed this Convention, and have hereunto affixed ove seals.

Done at Washington, the nineteenth day ot Apnl, Anno Domini one thousand eight hundred and fifty. (Signed) Henry Lytton Bulwer.

John M, Clayton.

Amérique centrale.

Déclaration, relative à l'interprétation du traité précédent, faite par le négociateur anglais à Washington, le 29 juin 1850.

In proceeding lo the exchange of the ratifications of the Convention signed at Washington on the I9th of Aprii, 1850, between Her Britannic Majesty and the United States of America relative to the establishment of a communication by Ship-Canal between the Atlantic and Pacific Océans, the Undersigned, Her Britannic Majesty 's Plenipotentiary , has rec^ived Her Majesty's instructions to déclare thaï Her Majesty does not understand the engagements of that Convention to apply to Her Majesty's Seulement at Honduras, or to its dependencies.

Her Majesty's ratification of the said Convention is exchanged under the explicit déclaration above mention ed.

Doue ai Washington, the 29th day of June î 850. H. L. Bulwer.

Réponse de Mr. Clayton à la déclaration précédente, signée à Washington, le 4 juillet 1850.

Department of State, Washington, July 4, 1850.

Sir ,

1 have received the déclaration you were instrueted by your Government to make to me respecting Honduras and its dependencies, a copy of which is herewith subjoined.

The language of Article I of the Convention conciuded on the HHh day of April last, between the United States and Great Britain, describing the country not to be occupied, etc., by either of the parties, was, as you know, twice approved by your Government, and it was neither understood by them, nor by either of us (the negotiators),

Relations territoriales et autres. 193

to include the British Seulement in Honduras, commonly called British Honduras, as distinct from the State of Honduras, nor the small islands in the neighbourhood of that Seulement, which may be known as its dependencies. To this Seulement and thèse islands the Treaty we negotiated was not intended by either of us to apply. The tille to them it is now, and has been my intention throughotit the whole negotiation, to leave, as the Treaty leaves it, without denying, affirming, or in any way meddling with the same, just as it stood previously.

The Chairman of the Committee on Foreîgn Relations of the Senate, the Hon. William R. King, informs me that „the Senate perfectly understood that the Treaty did not include British Honduras." It was intended to apply to and does include ail the Central American States of Guatemala, Honduras, San Salvador, Nicaragua, and Costa Rica, with their just limits and proper dependeneies.

The diffieulty that now arises seems to spring from the use in our Convention of the term «Central America", which we adopted because Viscount Palmerston had assented to it, and used it as the proper term, we naturally supposing that on this account it would be satisfactory to your Government; but if your Government now intend to delay the exchange of ratifications until we shall bave fixed the précise limits of Central America, we must defer further action until we have further information on both sides, to which at présent we have no means of resort, and which it is certain we could not obtain before the term fixed for exchanginç the ratifications would expire. It is not to be imagmed that such is the object of your Government, for not only would this course delay, but defeat the Convention.

Of course no altération could be made in the Convention as it now stands, without referring the same to the senate: and I do not understand you as having authority to propose any altération. But on some future occasion a conventional Article, clearly stating what are the limits of Central America, might bccome advisable.

There is another j natter still more important, which the stipulations of the Convention direct that we shall settle, but which you have no instructions now to détermine; and I désire you to invite the attention of your

ï\ouv. Recueil gén. Tome XV. N

Amérique centrale.

Government lo it — „the distance from the Iwo ends of the canal" within which „vessels of the United States or Great Britain, traversing the said canal, shall, in case of war between the Contracting Parties, be exempted from blockade, détention, or capture by either of the belligérants".

The subject is one of deep interest, and I shall be happy to receive the views of your Government in regard to it, as soon as it may be convenient for them to décide upon it.

I avail, etc.

(Signed) /. if. Clayton.

Note finale du négociateur anglais, en réponse à la note précédente, signée à Washington, le 4 juillet 1850.

British Légation, July 4, 1850.

Sir,

I understand the purport of your answer to the déclaration, dated the 2Uth of June, which I was instruoted to make to you on behalf of Her Majesty's Government, to be, that you do not deem yourself called upon to mark out at this time the exact limits of Her Majesty's Seulement at Honduras, nor of the différent Central American States, nor to define what are or what are not the dependencies of the said Seulement; but that you fully recognize that it was not the intention of our negotiation to embrace in the Treaty of I9th Aprii whatever is Her Majesty's Seulement at Honduras, nor whatever are the dependencies of that Seulement; and that Her Majesty's title thereto subséquent to the said Treaty will remain just as it was prior to that Treaty, withouti undergoing any altération whatever in conséquence thereoi.

It was not the intention of Her Majesty's Government to make the déclaration I submitted to you more than a simple affirmation of this fact, and conse«uently ï deem myself now authorized to échange Her i\4ajestv's

Relations territoriales et autres. 195

ratification of the Treaty of 19th April for that of the Président of the United States.

I sball take the earliest opportunity of communicating to Her Majesty's Government the désire which you express to haye determined the distance from the two ends of the nanai within which vessels of the United States or Great Britain traversing the said Canal shall, in case of war between the Contracting Parties, be exempted from blockade, détention, or capture by either of the belligerents, and I will duly inform Her Majesty's Government of the interest which you take in this question.

I avail, etc.

(Signed) 7/« L. Bulwer.

Base d'un arrangement des affaires de l'Amérique centrale ? convenue entre la Grande Bretagne et les États-Unis , le 30 avril i852, et proposée à la Costarica et à la Nicaragua,

The Undersigned, Daniel Webster, Secretary of State of the United States, and John Fiennes Crampton, Envoy Extraordinary and Minister Plenipotentiary of Her Britannic Majesty, having taken into considération the state of the relations between the Republics of Costa Rica and Nicaragua in respect to the boundaries between those Republics, and between the Republic of Nicaragua and the territory claimed by the Mosquito Tndians, and being mutually desirous that ail pending différences respecting those questions should be amicably, honourably , and definitively adjusted, do, in behalf of their respective Governments, earnestly recommend to the respective Governments of the Republics of Nicaragua and Costa Rica an accommodation and seulement of thèse différences upon the following basis: —

Art. I. The Mosquito Indians may reserve to themselves, out of the territory heretofore claimed or occupied by them on the eastern coast of Central America, a district of country , and the jurisdiction over the same, to be bounded as follows, namely: beginning on the

Amérique centrale*

shore of the Caribbean Sea al the mouth of the River Rama, which is (according to Bailey's map of Central

11° 34' north latitude, and 83° 46' west longitude; running thence due west to the meridian of 84° 30' west longitude from Greenwich; thence due north on said meridian to the River Segovia, Fantasme , or Wanx: thence down said river to the Caribbean Sea: thence southerly along the shôre of said sea to the place of beginning; ana ail the rest and rernainder of the territory and lands lying southerly or westerly of said réservation heretofore occupied or claimed by the said Mosquitos, including Greytown, they shall reiinquish and cède to the Republic of Nicaragua, together with ail jurisdiction over the same, in considération of the nett re-

ana collected at Greytown at the rate of J0 per cent.

ceive them.

And the said Republic of Nicaragua hereby agrées not in any way to moiest or interfère with the Mosquito Indians within the territory herein reserved by them.

It is also understood that any grants of land which may have been made by the said Mosquitos since the lst of January, 1848, in that part of the Mosquito territory hereby ceded to Nicaragua, shall not be disturbed, provided the said grants shall not interfère with other légal grants made previously to that date by Spain, by the Central American Confédération, or by Nicaragua, or with the privilèges or opérations of the Atlantic Ship- Canal Company, or Accessory Transit Company, and shall not include territory desired by the Nicaragua Government for forts, arsenals, or other public buildings.

II. ït is also understood that nothing in the preceding Article shall preclude the conclusion of such voluntary compact and arrangements between the State of Nicaragua and the Mosquito Indians, by which the latter may be definitively incorporated and uniled with

America, pubîished in London

Relations territoriales et autres. 197

tbe State of Nicaragua, it being stipulated that in snch case the said Mosquito Indians shall enjoy the same riffhts and be liable to the same duties as the other citizens of the said State of Nicaragua. The municipal and public authority in the town of Greytown shall be held and exercised by the Government of Nicaragua; but said Government shall levy no duties of tonnage nor any duties of import on goods imported into Greytown, intended for transit across tbe isthmus, or for consumption in anv other State than that of Nicaragua, except such tonnage-duty as may be necessary for the preservation of the port and harbour, and the érection and maintenance of necessary light-houses and beacons; and no duty for this or similar purposes shall exceed, say 12 cents per ton on each vessel.

III. The boundary between the Repubhcs ot Nicaragua and Costa Rica shall begin on the south bank of the Colorado at its confluence with the sea at high-water mark on said river; thence along said south bank, also at high-water mark, to the confluence of the Colorado with the River San Juan; thence, at high-water mark, along the south bank of the San Juan to its source on Lake Nicaragua: thence, at high-water mark, along Uie south and west shore of that lake to the point nearest the mouth of the River La Flor; thence, by a direct line drawn from that point to the mouth of the said river m the Pacific Océan. It îs understood, however, that Costa Rica retains the right, in common with Nicaragua, to navigate said rivers and lake by said vessels, barges, or vessels, towed, but not by steam; but this right is by no means to interfère with the paramount right tn Nicaragua, or her granters, to appropriate the waters of said rivers and lake for a Ship-Canal from océan to océan, or from the Caribbean Sea to said lake. H îs also understood that the said Company entitled the «American Atlantic and Pacific Ship-Canal Company* shall have the privilège of locating on the south bank of the St. John River four of the eight stations or sections of land referred to in the XXVIlth Article of the Amended Charter of said Company, as rectified by the Government of Nicaragua on the llth of April, 1850. If, however, the said Company should désire to locale more than the said four sections on the south tide of the San Juan, the Governments of Nicaragua and Costa Rica

Amérique centrale.

wiil amicably agrée in regard to the ternis of such location.

IV. Neither the Government of Nicaragua nor the Government of Costa Rica should be at liberty to erect, or suffer to be erected, any wharf, wall, embankment, or other structure, or to do, or suffer to be done, any thing or act whatever, in the harbour of Greytown, in any part of the Colorado or San Juan rivers, or on the shore of Lake Nicaragua, which shali obstruct the free opérations of the Ship-Canal or Transit Company, or hmder the passage of their boats in, along, and through, the said harbour of Greytown and Rivers Colorado or San Juan. And if, after the proper survey of a route for a Ship-Canal between the tvvo océans, it shall be found that it would be préférable for that Canal to pass in part along the southern bank of the River San Juan or the Colorado river, the Government of Costa Rica engages to grant any lands, and to afford any facilities which may be necessary for the construction of the said Canal.

V. Whereas it is stipulated, by Article ÏI of the Convention between Great Kritain and the United States of America, concluded at Washington on the 19th day of April, 1850, that vessels of the United States or Great Britain traversing the said Canal shall, in case of war between the Contracting Parties, be exempt from blockade, détention, or capture, by either of the belligerents, and that that provision should extend to such a distance from the two ends of the said Canal as might thereafter be found expédient to establish; now, for the purpose of establishing such distance, within which the vessels of either of said nations shall be exempt from blockade, détention, or capture by either of the belligerents, it is hereby declared that it shall extend to ail waters within the distance of twenty-five nautical miles from the termination of said Canal on the Pacific and on the Atlantic coasts.

VI. Whereas by Article VII of the said Convention it was, among other things, stipulated, that if any persons or company had already made with any State through which the proposed Ship-Canal might pass, a contract for the construction of such a canal as that specified in said Convention, to the stipulations of which neither of the Contracting Parties in that Convention had

Relations territoriales et autres. 199

anv jùst cause to object; and the said persons or Company bad moreover made préparations, and expended timè, money, and trouble, on the faith of such contract, it was thereby agreed that such persons or company should have a priority of claim over every other person, persons, or company, to the protections of the Governments of the United States and Great Britain, and should be allowed a-year from the date of the exchange of ratifications of that Convention /or concludmg their arrangements, and presenting évidence of suffirent capital subscribed to accomplis!* the contemplated untertakmg; it being understood, that if at the expiration of the atoresaid period, such persons or company should not be able to commence and carry out the proposed enterprise, then the Governments of the United States and Ureat Britain should be free to afford their protection to anv other persons or company, that should be prepared to commence and proceed with the construction ot he Canal in question. And whereas, at the time of the signature of the said Convention, a company styled the Jmerican Atlantic and Pacific Ship-Canal Company," had with the Government of the Repubhc of Nicaragua a contract for constructing a Ship-Canal between the said océans-, but, for reasons deemed sufficient by he Governments of Great Britain and the United States, have not hitherto been able to comply with the stipulation which gave them a claim to the protection ot the said Governments; and whereas no other company nas claimed such protection on the same conditions, it îs therefore agreed that the further time ofone year from Ihe exchange of the ratifications of this Convention shall be allowed to the said company, to comply with the stipulation aforesaid.

VIL And whereas by another Charter (of April 11, 1850) to the American Atlantic and Pacific Ship-Canal Company, the State of Nicaragua, with a view to facihtate the construction of the Canal, has authonzed the said Company to separate from their said contract ot September 22, 1849, the part relating to the navigation of the waters of Nicaragua by steam, under the title o! the „Accessorv Transit Company" ; and whereas the said Vccessory Transit Company has been for some time past in full and successful opération, the Governments ot Great

200 Amérique centrale.

Britain and the United States hereby engage to extend tbeir protection to the said Accessory Transit Company, in the same manner and to the same extent as by the aforesaid Convention of April 19, 1850, and bythis Convention , the said protection is extended to the Atlantic and Pacific Ship-Canal Company; but as the main object of the said Convention between Great Britain and the United States of America was to provide for an Interoceanic Ship-Canal between the Atlantic and pacifie, and as that object is still deemed paramount to every other mode of Transit, the protection hereby extended to the Accessory Transit Company shah* not be construed to interfère with the right to construct said canal by the Company which has undertaken to construct the same, or, in case of their failure, by any other person or company which may be authorized to construct the same; and every grant and privilège conferred upon said Accessory Transit Company shall be subject to the paramount right and privilège of any other persons or company to construct, maintain, and use such Canal.

Finally, thèse propositions, so far as they respect the Governments of Nicaragua and Costa Rica, are advisory and recommendatory ; and the immédiate considération of those Governments to their considération is earnestly invoked.

To insure a prompt décision, Mr. Wyke, Consul-General of Her Britannic Majesty, clothed with full powers for that purpose, Mr. Kerr, Chargé d'Affaires of the United States to Nicaragua, and Mr. VValsh, appointed Spécial Agent of the United States to the Government of Costa Rica, are authorized to communicate the arrangements proposed to those Governments respectively • and, unless the aforesaid Governments of Nicaragua and Costa Rica shall promptly, and without loss of time, concur in the gênerai basis of this arrangement and adopt proper measures for carrying it into effect, then the Governments of Great Britain and the United States will immediately, as between themselves, jointly adopt such measures as they shall deem advisable te carry into full exécution the Convention between those Governments of April 19, 1850; and to accomplish the design therein conlemplated, of an interoceanic communication by ca-

Relations territoriales et autres.

nal from the Atlantic to the Pacific Océans by the way of the River San Juan and the Lake Nicaragua. Washington, April 30, 1852.

(Signed) John F. Crampton.

DanL PVehster.

Amendements de la hase précédente convenus entre la Grande Bretagne et les États-Unis.