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


any Kind or amount on the persons or plsspors)
property or on goods, merchandise OF any class
through the territories by of SAID canal roads,
&c, provided the said property goods, and
chandse shall not be sold or Introduced for sale con-
SUMPTION but be imported 10 other States countries
Art The ports ut the points of termination OF said
works shall be free W both the contracting parties and
their citizens respectively and their public aud private
vessels Of all kinds shall enter and remain therein and
depart thereom and not DO subjected TO the payment Of
any port charges, tonnage duties, or other imposuons
whatever.
Art Q. The persons employed in the location and
sructon Of said works the thereof and all their
agents and officers and employees OF every Sort shall be
under the special protection oi the government OF both
the contracting paes and they shall not be subject 70
any kind OF taxston in their property,
shah they be required TO contributions OF TO per
form any civil or military duties service whatever, o
either OF tha two governments during their employment
about said works, and all provisions, including wines and
liquors, aud all merchandise imported into Nicaragua
shall be free and exempt from all duties and taxes direct
ndrect and all such articles property, sores tools i'm
plemcnis machinery, &c, as may be required for sur
and explorations and for locating and constructing
said works shall be imported into tho State Of Nicaragua
free from all taxes and duties whatever thereon and the
vessels employed in the importation OF said subsistence
clothing, tools, implements &c., shall also be free and
exempt from all port charges and tonnage duties IN all
the ports, rivers, lakes harbots in the coasts within
the limits Of the State Of Nicaragua and entire liberty is
TO be enjoyed by the said company 70 make full and
pete sveys aud explorations of the ports bays or seas
lakes rivers and territories Of Nicaragua order TO the
location of said works. and for the procurement Of lands
and materials in which explorations and surveys Noara
qua may at her own expense participate If she thinks
Art TO- The State OF Nicaragua grants ccdes the
United Staies OF TO company 70 be provided as herein
provided, the case may be, all the land within two
leagues square belonging TO said State and which may be
nnappopated the date Of the treaty each point Of
the termination of sad works at the each side
that three miles square each side of both ends Of said
works, 10 the ste or o0 free cities ioch is drici
paed Ui hereafter be established az SAID points the mia
bants of which free cities shall enjoy the following
rights and immunitcs-
l. They shall govern themselves by meanso their own
municipal laws, 70 be administered by legislative
tive and judicial officers chosen and elected by them
selves, according TO their own regulations.
They shall have the right of trial by jury In their own
city courts.
g. They shall have the most perfect freedom Of religious
belief and religious worship public and private.
They shall be required pay upon their
real estate other property except such may be in
the municipality, and collected for the city treasury and
10 be used and applied tor the benefit OF said city.
g. They shah not be required TO perform any military ser
vices except for the defence Of said cities IN which they
may reside The sad cities WILL Of course be under the
qualified dominion and government OF the State OF Mica
agua not TO be exercised in any manner however, in re-
aton 70 their rights and mmunities as herein specified
and said free ctes shall be under the protection OF the
governments OF both contracting parties.
Art H. The State Nicaragua agrees that the United
States shall have possess and enjoy forever the follow
ug rights and prveues-Tbat Is 10 say the right and py
rieoc 10 pass co1rey transport and send through all and
~ ne territories and d0D,intons Of Nicaragua on land
o ot from oen 10 osan, by means q her ports, bays
ant dkts and rOda, troops ugdhtt cdrdt'y al
kinds If crns artillery maaitioas Of Of al kinds
her pubic property o every description, public officers
civil and military conEus, ministers, despatch agents, her
public rails aud mail agents, and all other employees Of
the government o the United States OF America and in ali
such otbef vessels or vehicles, public or private which
a be IL ie temporary or permanent employment OF the
Oss Of the ntcd States for any OF the purposes
tid any other way free from all cost and smpi
from ali duties taxes mp0ss charges aud exactons OF
any kind whatever either the persons, property veh
cles vessels aforesaid and all the aforesaid priv
egcs, and the said free rights OF way and Of transit
shall be held used aud enjoyed by the United States o
America, bat not by any other nation state or govern
except Nicaragua without cost charge ant free
y, whether the same be made through the domnions
and territories Of Nicaragua they exist whether
the said troops, munitions OF war public officers, agents
employees, mails, public property, vehicles vessels
&c. iha be sent, transported, conveyed BY means o
improved navisabe rivers, tnrnpikes railroads any
other public improvements which may be hereafter nds
In the state Of Ncragua either by the government 81
citizens cf the contracting parties by the governments
citizens people Of any other nation, kingdom or com
Try; and the czcns Of the United states shall have
enjoy all the rights and privileges OF travel transit pas
and for inensese and their property
vesscs Of all kinds through the territories and dominion
n nc ~ ~ ~ :, o,n 20
provements may be hereafter made IN said State not
terms and oondi,ons in every particular a. favorable a
thoee by the citzeus OF Ncarsgua by czen
OF any other nation, Kingdom or country.
Art IL In consideration q the premises as set forth In
the foregoing eleven articles, the UneS dis N Ahasrca
doth Slcmnly a1ree and undertake % yru aai dens ~
Hde If Nicaragua in The fosseoy AMI crsrfse If the
sorcegnty and dcmntcn u al ~ coiyg coass, Iors
lakes ylreys df pag BE- richfVy under The jarisiie
fon and ,cifha the j~ and ts Iin ond boIdarss "
TIE said xcte cf 'ohe he cycdeHoss and condition. ~
the fts Inited SfpeS sAdu
their nard and m,ifay force 70 preserus NE pace and
maniaiH e neutrality II said coas, Iot iIts, rivers
and territories, and % hoid AID kse hs sdrt nadsr ~,
dominson and sovereignty If the Stat ~ Nicaragua,
the government Of such STATE political community a
which Nicaragua may voluntarily become member, or
with which OF her acoor she may hereafter be dcn-
titled provided however, that the said sovereignty and
dominion of Nicaragua shall moi he held, maintained
or exercised by said state IN any such manner, ~
20 be inconsistent conflict With the rights and pri
vileges herein secured 10 the United Stats her
citissns. And " prevent all misunderstanding II is
expressly stipulated that the United states arc not
bound do they undertake 10 aid, assist support
Nicaragua Ia offensive wars OF aggression ~ag-d
aud carried by said state with foreign Powers, or With
the noghborng States outside Of her just limits and be
yond the territories rshGly within her jurisdiction, bat
the contracting parties agree and undertake. that ncccs
sary the naval AMI military forces and entire me ms and
~ both the contracting parties shall be employ
"a 20 put al md bnodshed arising thefcfron
TO suppress all violations q the peace and ntcrrup
tons Of the neutrality of the said state Of Nicaragua and
for further explanation 4 4 understood that the STATE OF
Nicaragua should BECOME involved IN n war with any
foreign Power OF ncghboring State within her own boz
ders % defend the territories rghay belonging 70
hcr, OF recover such territories wrongully wretei
from her the Unicd states engage 20 defend Nicaragua IN
carry ng such war within her own rightai limits pro
vided. however that such war IL Just, and provided
moreover that Il peace prevailing IN the State Of Nca
ragua no war or hosttes shall be hrst commenced IN
said State by either Of tho contracting parties, without
previous friendly consultation and unless With the consent
II both their governments given according 70 their laws
and constitutions respectively
Art Ia The contrasting parties in negotiating tho
treaty had view the entered into between the
state of Nicaragua through Their ccnmsoDcr Jose lrn
dad Mcindy, and certain comrany styled the CpFcni,
~ 7Su.re de Nicaragua composed Of certain persons
named willard Parker Simeon II. Ackerman, Asher
kursbecott, and ~ J. Brown, their agent, which
tract executed and signed BY said commissioner and
agent March Ia iSsq and ratified by the legislative
power n tho State of Nicaragua March 16 1sto and a
proved By the executive rover of said State March ~
is4q IN view BY this contract s further agreed as
follows
II tho above named company shall acccde 10 this treaty
In all ts pars they shall voluntarily abandon their
,cy shall forfeit their rights under said
tract by failing perform ard execute the terms aud
drons thereof due tnae, thea this treaty shall remain
and be valid IN all - PARTS.
2 but " NJ ssi8 comrany shall noe acccde 70 this
treaty IN all nsfarts and they shall not abandon or for
feii thcr sah uwsa, et they shall execute the same
and eemyly with ~ terms and build the said works all
IN the tsne rcqure then such case THE treaty IN all
slyars wherein the of Nicaragua grants 70 the Uni.
ted States, q company be Chartered by President
Congress thereof the exclusive privilege 10 be the
constructors 81 said works, shall be VOID and
of no force eject
3 Nevertheless IN such sci forth in the ~
section said company shall acccde 30 the sth, the 9Th,
the sh and the fh articles o this treaty, and shall
sent and that the Unre states of America and the
citizens thereof shall have and cuoy all the rights and
privileges therein granted them, and defined also
- ra.t. aZaA H.