The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-03
eer. and through means prescribed by the laws Of

ner, and through means prescribed by the laws Of
tbe republic.
2-That the protection promised by the govern
ncnt Of the United States and by sbose governments
which may accede to this treaty. shall only DO extend
ed in favor of the work ard Of the company, and for
such purposes and effects as are expressed in the last
paragraph Of the I'd Article, and never for the pIr-
,icular defence of individuals inasmuch as the lat
Ter from the beginning until the completion OF tie
work, are placed under the immediate protection OF
The laws and of the government OF the Mexican re-
public
THAT the protection offered by The two con-
tracing parties to the company, or persons who may
undertake to open the way Of communication, IS
conditional, and may be Withdrawn by both govern
ments, or by of them, whenever either OF them,
or both, shall think that the cOndnct or the
rules adopted, by the contractors for regulat-
ing the transit across the aforementioned way,
are contrary to the spirit and intention OF
this convention; whether it be because they
make unjust distinctions. or that they grant special
ayors to the subjects Of OF the contracting par
ties to the injury Of those Of the other, or because
they levy immodeIate and oppressive duties on their
vessels and pass ngers on on their effects, merohan-
disc, and other articles of their trade exceptions
being made, in all cases. for such favors and priv
ltges which may be granted by the convention con-
| Guided between the Mexican government and the
contractors, to Mexican subjects, to the vessels,
effects, merchandise, and other articles Of their
4 trade, or belonging to their government. 1t is.
nevertheless agreed and determined, on the part of
the contracting PARTIES that neither of them shall
be at liberty to withdraw its protection without no.
tifyipg the other party of such intention six months
| in advance. Those persons not Immediately engaged
on the work, shall not enjoy other, or more prvi-
leges than those granted to them by the laws Of ma
tions, and by the treaties concluded with their
respective governments.
/ Art 6-Ihe Mexican government, preserving,
in all their penitude, the hts OF sovereignty, do
m'ni,n and possession over the new way OF com
muncation, its territory and adjacent waters, the
government Of the United States shall not have any
other superintendent or right over the aforesaid
way than such may be expressly granted to it by
liberty 10 exercise overlt or over ~ territory or
| waters, any kind OF power or jurisdiction, nor TO
contend for any other rights or prerogatives than
such are contended for by the other nations, or
| that the Mexican government, for some powerful
reason, shall think fit 10 grant. Neither shall it be
allowed to construct or maintain totresses milf
| taTy works in the vicinity of the lsthmus, which
| might control the same, prevent free pas
sage it to acquire to COLOMBO any portion
whatever OF the Mexican territory, nor To introduce
into said territory either land sea forces, except in
the case provided for in this convention nor to
make alliances treaties with tie States people
of the frontier for The purpose OF constructing
iorreses any military work whatever, or foC the
purpose Of occupy ing, terrifying, or coonisrs the
boioers and frontier o. Mexico or Tor the purpose OF
acquiring dominion or jurisdiction therein under
any lIeeSt whatever, that Of protection included.
Art, III, what may God avert, war should 90
biIdled between Mexico and the United States, the
or outlets OF tie Isthmus, shall not under any cir
cumstances be blocksded, and that the vessels OF
trains employed en- the route over said lsshmus,
shall be exempt from all detention seizure. capture
or any other kind OF obstacle the part of the bel
hgerents, il such things should take place, from
causes motives Of hostility or reprisal The ex-
cmpton, in regard TO the seizure detention or cap
ture OF vessels, shall extend for the distance of -,
Iegula from the entrance and outlet otcommunica
ton The contracting parties agree that The freedom
and security Of transit stipulated for in this article
shall not embrace favor those things or articles
included III the class OF contraoand OF war, when
such things articles shall happen to be detained
in consequence Of their being used against the
Mexican nation, or their belonging 10 some other
nation, il q tate Of war with its government.
Art S. contracting parties pledge them
selves 70 invite the governments OF all The nation.
with which they cultivate friendly relations, to
aceede to this conventions or 10 enter into stlpu!a
Ons which shall conform TO is basis, IN order that
al the States may participate In Its benefits and
advantages, and contribute towards the execution
ard support OF the great and phian'hrople project
Which they hayt proposed 10 realize; 20 wit: that o.
CJcniI ( aId preserving q way OF coumauica
ton between the two oceans. tor the common
benefit and transit of al nations, with The
cOrGinon OF eontendirg for the same a footing
Of perfect equality. saving the advantages Whlci
haze tten reserved for Mexico, and the privilege
ext noipg "a iti'scons ant protection In order th,
he ttr 20 Secure thc success o. said prQic;t, il i
ao egi.CG thai each Of tie said contracting Eu.fie
shall intelpose SITS good ofccs. Oh hejrg reGucs 81
by the Other, 70 ri and project It ia any differences
which may arise between SAID party and another
~ vtr nrti,rs, u or'or thai such differences may
b. ,ut shelt ~ d adjusted, so .hat obey may not
uectr any circumstances, redouud to the injury q
a iIce aad expeditions passage over the aforesaid
was OF communication. nor 81 those bonus Ok friend
sh ~ ati,arcc which may exist le;WC the con
tractiI parties.
Art. The government Of the United State,
guarantees, tor al tine TO come. to tia oi Mexico
The entire dominion and possession Of tn, aiorenen
toned way q communications its territory ard ad
jacent waters, all the rights of sovereignty ant
rrerogatives inherent in it, rs well as tb,
privileges and private rights which it has acquired
or may acquire in The same. Consequently, sale
Mexican government shall exercise all The urisdic
ton which inter- atona law allows it over the yes
sells, persons, and effects which may pass through
tie Istlmus Of Tehuantepec. the same over thos,
VINO reside III its ports and territories The selnte
shall be fred it is customary in ports. The
government of the United States does like wis,
Pledge itself to aid ard to protect that Of Mexico
Tor the purpose OF preventing and harassing any
contraban trade which may be carried On, or at
tempted to be carried on, by means Of said commu
nieation or its adjacent waters, at far its mari
time territory extends or reaches well as for re
moving any kind OF obstacles which might impede
or embnrass the free and expeditions transit over
il; il being understood that such aid and protection
need rot be given except when the same has been
solicited ny the Mexican government, or by its a.
horzed agent the lsthnus and only for such ser
vice as said aid and protection had been asked for
AIT: l0.--lhe contracting parties agree tina,
the absolute equality Of rights promised by thi.
|
the other nations, shall only comprise those whose
governments have extended to the aforesaid way O
communication that protection which said con.
tracing parties extend TO il. for the same purpose
either by acceding to this convention, o. by con.
Gliding another, upon the same bases as those laid
| down in the Stb Article
MR.. LETCHrR TO MR. WEBSTER.
[Extract.l
LEGATION OF TIE UNITED STATES,
Mexico. February II, 1852.
| Hon. DANIEL WEBSTER, Secretary of State.
Sir,-Yonr dispatches Of Nos 10 and so, trans
| mitted by DR.. Kennedy, had the honor to receive