The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-12-17


dviduas, property in public funds, and shares Of copa
mics shall never be cen6snsed nor detained.
Art II The citizens OF the United States and the ct
ns ls rPu ,ss aag. ssss pay
ty, shall enjoy IN their houses, persons and pro.
perry the protection of Of the government, and shall
continue in possession Of the guarantees which they
enjoy. They shall not be disturbed, moested
annoyed in any account Of their religious
belief nor the proper exercise Of their religion agree
ably the system OF tolerance established in the terri
tories Of the high contracting parties provided they res
pect the religion of the nation in which they reside, as
well as the constitution laws and customs of the country
Liberty shall also be granted TO bury the citizens Of
either Of the two high contracting parties who may die in
the territories aforesaid in burial places of their own
which, IN the same manner may be freely established and
maintained nor shall the funerals sepulchrcs of the
dead be disturbed in any way or upon any account
Art 49, Whenever the citizens Of either OF the contract
parties shall be forced seek refuge asylum in tho
rivers bays. ports domnons OF the other with their
vessels, whether merchant OF war, public or private
through stress of weather pursuit Of pirates enemies
or want of provisions water they shall be received and
treated with humanity and given all favor and protection
for repairing their vessels procuring provisions aud pac
ing tn, mselves in all respects in a condition continue
their voyage without obstacle hndrance OF any kind.
Art H. The republic Of Nicaragua hereby grants to the
United States and to their citizens and property the right
OF transit between the Atlantic and Pacific through
the territories Of that republic, on any route OF commun
cation, patural artificial, whether by land or water
which may hereafter exist be constructed under
The authority of Nicaragua TO be used and enjoyed in the
and upon equal terms by both republics and
their respective citizens the republic Of Nicaragua, how
reserving its right Of sovereignty over the
Ar. ID The United States hereby agree to extend their
protection all such routes OF communication afore.
said aud 10 guarantee the neutrality Of the They
also agree employ their influence with other nations
induce them guarantee such neutrality and proe on
And the republic Of Nicaragua its part undertakes TO
establish two free PORTS each Of the exremes Of
the communications aforesaid on the Atlantic and Pacific
Al these ports tonnage other tiles shall be
imposed levied by the government Of Nicaragua the
vessels Of the United States any effects merchan.
disc belonging to citizens subjects Of the United States
upon the vessels or effects Of any other country in
tended bona de for transit across the said routes OF
muncaton and not for consumption within the republic OF
Nicaragua. The United States shall also be liberty To
carry troops and munitions of war, in their vessels
otherwise to either of the said free ports ard shah be
entitled their conveyance between them without Oh
sructon by the authorities of Nicaragua and without any
charges tolls whatever for their transportation either
Of said routes OF communication And no higher or other
charges tolls shall be imposed the conveyance
transit Of persons and property OF citizens subjects OF
the United States Of any other country the said
routes OF communication than may be imposed
the persons and property OF citizens Of Nicaragua And
the republic OF Nicaragua recognizes the right of the Post
master General Of the United States TO enter into contracts
with any individuals companies to transport the mails
Of the United States along the said routes OF communica
ton along any other routes the Istpmus in its
discretion closed bags the Of which may
be for distribution within the said republic
from the imposition of all taxes duties by the govern
mint Of Nicaragua; but this liberty is not 10 be construed
permit such Individuals or companies by virtue
Of this right to transport the mails TO carry also passen
gers or freight.
Art. To- The republic Of Nicaragua agrees that should
1t become necessary any time to employ military force
for the security protection of persons and property
passing any of the aforesaid IL will employ
the requisite force for that purpose but upon failure
this for any whatever, the government OF the
United States after notice 10 the government Of Nj
caragua to the Minister thereof in the United States,
employ such force for this and for other purpose and
when the necessity ceases such force shall be immediate
~ withdrawn
Art. II. II is understood, however, that the United
States ia according protection TO such OF
and guaranteeing their neutrality and security, nj
intend that the protection and guarantee granted
condonaly and may be withdrawn II the United States
fhafh at aptaE fnnn
managing the adopt establish such regulations
concerning the tralc thereupon are contrary 10 the
spirit and intention Of this treaty, either by making
fair determinations in favor Of the commerce Of any other
nation nations the commerce OF any other
tons nations, by imposing oppressive exacons or
unreasonable tos mails passengers vessels goods,
wares merchandise other articles. The aforesaid pro
tect and guarantee shall not, however, be withdrawn
by the United States without rst giving six months
tee 10 the republic of Nicaragua.
Art 49, And Is further understood and agreed that IN
any grants contracts which may hereafter be made
into by the government OF Nicaragua having
the nteroceanic routes above referred
either % them the rights and privileges granted by this
Convention tn the government and citizens Of the United
States shall be fully protected and reserved And IL any
such grants contracts exist OF valid character,
Y further understood that the guarantee and protection o
the uDed states stipulated Ia article ID Of this treaty
shall be held imperative and void until the holders of
such grants contracts shall recognise the concessions
IN this treaty TO the government and ctzens Of the
United with respect such nteroceanc routes
either Of them and shall agree observe and be govern
ell w those concessions as fully they en-
bracod their original grants contraclssfter which
recognition aud agreement said guarantee and protection
shall be IN fa force; provided that no!hns herein con
tanned shah be construed either TO affirm dony the
validity 0 any Of the said contracts
Art 10, After ten years from the completion Of rail
road any other route Of communication through the
territory OF Nicaragua, from the Atlantic T. The Pacific
ocean, company which may have constructed or be
possession Of the shall divide directly nd
recty by the issue 81 new stock the payment Of dvi
dends otherwise than itcen per cent per annum
at that rate TO ne stockholders from tolls coccled
hercupon hut whenever the tolls shall be found to yield
a larger proht than this, they shall be reduced 10 the
standard q fifteen per cent per annnm.
Art 20 Understood tina, nothing contained In this
treaty shall he construed affect the claim Of the govern
citizens OF the republic OF Costa Rca free
passage By the San Juan river Cor Their persons and pro
perry, to and lom the ocean.
Art II. The two high contracting Powers, desiring TO
make this treaty durable as possible, agree that
shall remain ia ful force for the term Of twenty
years from the day 81 the exchange o the ratcaons
and either party shall have the right notify other of
It's ntelon TO terminate, alter reform this treaty NJ
least twelve months before tho expiration Of the twenty
years such notice be given then this treaty shall
continue binding beyond The said time, and until Twelve
months shall have elapsed from the day on which one Of
the parties shall notify the other Of Its intention TO alter,
Art 20 The present treaty shall be ratified and the
ra,incaiions exchanged a, Washington city within the
srace ~ nine months, or sooner n possible
In witness wherc the respective penoten aries have
signed the and afxed thereto their respective seals
Done the city of Washington, this sixteenth Of No
ycmer in the year o. our Lord one thousand eight hun
dred and hfty seven. ILWE CAS-,
A. j. DE YRIsARRL
II will be observed that there ia no essential point Of
difference between this treaty and the burkcd documents
forwarded by Hise and squicr. Nicaragua then was
anxious 10 conclude such treaty. Now Is sent back
With such notifications the following
NOTIFICATION PROPOSED nv NICARAGUA.
Art 2 The fifteenth article OF the treaty shall read In
these TERMS
The United States agree extend their protection all
such routes Of communication aforesaid and 20
the neutrality OF the They also agree TO en-
plnxf their inf Wi
guarantee such neutrality and protection.
And the republic % Nicaragua ts part agrees 10 es
tabsh free port each extremity Of single route
Of alton between the Atlantic and Pacific oceans
Al these ports other tonnage harbor dues shall be
imposed levied by the ~ Nicaragua than
those which be agreed between the two govern
mcnis. The United States after previous notice 70 the
government OF Nicaragua, shall be at liberty 10 carry
troops aud munitions of war, In their vessels
Otherwise for their transportation by the route Of inter
communication, always provided that they be
destined for place within the territory Of the United