The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-01
The Tehuantcpec Treaty.

The Republic of Mexico and the United States of
America, being convinced of the benefits which
would accrue to both nations from the construc-
ton, by a company, of transit way the
lsthmus OF Tehuantcpec, with view of facilita-
ting communication between the Atlantic and Pa
chc oceans, have thought proper to encourage such
communication, and to that end the most excellent
Sr. President of the Republic of Mexico has fully
authorized Sr. ID. Manuel Gomez Pcdraza, and the
President of the United States of America has con-
ferred plenary powers on the Hon. Robert Ietcher,
accredited as Envoy Extraordinary and Minister
Plenipotentiary OF the United States of the North,
near the Mexican government; and the said pleni-
potentiares, after having exchanged their credcn-
tials. which were found to be in good and proper
form, have agreed on the following articles:
Art. l. The person TO whom the government Of
Mexico may have conceded, or hereafter may
cede the privilege Of constructing railway
canal, which, crossing the Is,hmus of Tehuantc-
pee, may connect the Atlantic and Pacific oceans,
and persons employed in the work of construction,
shall be protected in their persons and property,
from the commencement to the completion of the
work, and during the time through which the priv
ilcge extends.
ART. .. In case the government of Mexico may
not be able by itself to give the stipulated protec
tion the United Staes Of the North shall furnish il
effectively with land or naval forces; and the OBJ
jcct of this treaty is to form an alliance between
both nations, in order to guaranty the protection
Of the work.
Art. 5. Either of the contracting parties, in or
der TO furnish the said protection, may employ,
with the restrictions and notifications hereinafter
expressed, the military naval force which may
be Judged nscessary and If the forces be those Of
the United States of the North, they shall be hos
pitably received in the ports of the Isthmus and
shall be permitted TO occupy the line Of the work,
any part of it that may be thought proper.
Arr. a. The United States of the North shall fur.
nsh this assistance only in the event of its being
required by the Mexican government, expressed
through the Minister of Relations OF Mexico, or in
the event OF communications between the two gov
crnments being interrupted, on the requistion of
he Mintafp l,nin ffar of Ma he
Government Of the United States Of the North or
on that of its Commissioner specially authorized,
and residing on the line of the proposed road. The
aid shall be rendered in the manner and terms and
only for the time which the person making the requi
,ition shall specify. In shall this auxiliary
force be employed against the Mexican functiona-
ries, ms these will be compelled by their own Gov
eminent to fulfil their obligations.
Art. S. In case any difference arise between the
Mexican government and the present or future
grantees, (empresarios,) which may occasion the
loss OF the privilege, the complaining party shall
make statement of its purposes and motives, and
the other party shall make similar state mcnt, and
both shall be submitted to two arbitrator who have
neither interest in the road, official connection
with either government, and who shall reside in
Mexican territory. One of these parties shall be
named by the holders of the privilege and the other
by the Mexican government, and these two, in
of disagreement, shall name third, having the
quired qualifications, and there shall be appeal
from the decision of the arbtrators The Mexican
tribunals shall take cognizance Of any other ques
tons.
AR. 6. IL loss of the privilege result from the
decision OF the orbitrators, IL (the prvicge) shall
be sold at public auction, under the conditions which
the Mexican government may i'm pose three mon he
notice OF sale being given to the public in of
the principal journals of Washington and Mexico
The sale shall be made by n commissioner named
by the arbitrators. The product of the sale shall
be delivered TO the losers of the privilege, deduct
ing, for the Mexican government, all the expenses
ofjudgment and sale. The legal excise (alcabaIa)
shsll be paid in Mexico. The commissioner shall
give security for the mana cement of his trust.
AR. Z. No government or foreign corporation
can acquire the privilege which only private ind-
viduals can purchase. The purchasers shall be
obliged TO prosecute the work 20 it's completion, and
to comply with the conditions imposed by the gov
eminent OF Mexico on the original grantees, econ.
cessionnrios) any other conditions which the said
government may legally impose.
ART. y. The contributions or tolls imposed on the
citizens, officers, and property of the United States
OF the North, shall be The and no higher than
those imposed the officers citizens and property
OF tho United States of Mexico. But all tho pro
ducts OF tho soil industry of Mexico shall pass nj
rates one NTH less than those imposed on the
class OF productions Of the United States of the
Nos,h.
Art. g. IL is ngreed that the government of Mex.
leo shall have full power 10 coDcede the same but
not greater, privileges than those which are here
stipulated IN its favor and that of the United States
OF the North, 70 any one more of the commercial
nations of the world their citizens or subjects If
IT may be deemed expcdient But the privileges
oelng compensation lot the engagement of guar
antes made by the United States OF the North Mex-
leo shall not conccde the said privileges any other
nation until the said nation, through treaty sat
isisctory 10 Mexico, shall give the same guarantee
as the United States of the North.
Both contracting parties shall manifest their own
intentions to permit all the commercial nations of
the world to be participants in the benefits Of this
road or canal, on complying with the conditions OF
this article
ART. 10. Both contracting Governments bind
themselves, conformnby 20 the anterior provisions
OF this treaty, as far as they may be able, TO main
tam the neutrality of the route, and ten leagues
each side as Mexican territory, not only in time of
peace but during war, whether one of the two ma.
il0ns be engaged In hosliliea with annher or the