The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-02-13


take place between the two high contracting parties the
citizens Of either who may be within the territories OF tho
other shall, II residing on the coast, be allowed nx
months and II in the interior whole year, 70 ~na up
their accounts and dispose Of their property and sae
conduct shall be given 70 them 10 embark at any pors
they themselves may select Even In case OF rupture
ali such Of either Of the high contracting parties
who are established in any the territories Of the other
trade other employment shsll have the privilege
remaining and Of continuing such trade or
any of interruption In the fu enjoyment
OF liberty and property long they behave peacetuy
and commit offence against the laws and their goods
aud effects Of whatever description they may De- wnetner
their custody entrusted 10 individuals or 70 the
STATE eha be liable TO seizure or sequesraton, nor 10
any other charges demands than those which may be
made upon the like effects or property belonging the
native Of the country in which such citizens may
reside In the case debts between dviduas pro-
perty public funds and shares o. companies shall never
be coDnscated or detained.
Ar. 10 The citizens Of the United States and the
citizens of the republic Of Nicaragua, respectively,
residing in any Of the territories Of the other
party, shall enjoy in their houses, persons and
properly the protection Of the government and shall con
possession OF the guarantees which they now en-
JOY. They shall not be disturbed, m0esed or annoyed in
any Of their religious belief nor in the
proper of their religion asreeaby TO the system
tracing parties provided they respect the religion OF the
nation in which they reside, as well as the constitution,
avs 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 ther OWL
which IN the manner, may be freely estiosoe ana
maintained nor shall the funerals or sepuebr.s OF uo
dead be disturbed In any way or upon any account
Is Whenever the cit OF either OF the contract
ing parties shall be forced seek refuge or AS um ~ Toe
rivers bays ports domnions Of the other, with the
vessels, whether merchant war, public or private
through stress of weather pursuit of pirates or enenies
of provisions water they sha DerecelVto Ana
treated with humanity and gwen ali favor and protection
repairing their vessels procnr ing provisions ahd IL
ing themselves in all respects IN connioh 70 commune
their voyage, without obstacle or bnrance ol Al! kuu,
Art II The republic of Nicaragua hereby grants 10 the
United states and their and property the right
Of transit between the Atlantic and Pacific oceans through
The territories that republic on any route oil commnp
cation. natural artificial whether by lann or water
which hereafter exist or be constructed under
the authority oil Nicaragua 10 DC useu aua enjoyed ~ Tue
and upon equal terms by both republics and
their respective cirzens the repnbc OF Nicaragua how
ever reseiving It's right Of sovereignty over the same
Is The United States hereby agree 10 extend their
protection IL all such routes of communication afore
said ana 10 guarantee the neutrality o. the same Fney
also agree employ their influence with other nations
induce them TO guarantee such neutrality and protection
And the republic OF Nicaragua on its part undertakes 10
establish two free ports at each OF the extrenes Of
the communications Aforesaid, on the Atlantic aud Pacific
oceans these ports no tonnage or other duties shall De
imposed levied by the governr mt Of Nicaragua
Sc belonging TO citizens subjects OF the United States
upon the vessels effects OF any other country in
teDdod bona de for transit the said routes of
mupcaton and not for consumption within the republic %!
Nicaragua. The United States shall also be At liberty to
carry troops and munitions OF in their vessels
Otherwise either OF the said free ports and shall be
entitled ~ their conveyance between them without Oh
sructon by the authorities OF Nicaragua, and without, any
charges tolls whatever for their transportation either
charges tolls shall be imposed on the conveyance or
uaust Of persons and property OF citizens or subjects Of
the United States Of other country across the said
routes oi communication than msy be imposed upon
the persons and property Of citizens Of Nicaragua Aud
the republic OF Nicaragua recognizes the right of the Post
aer General of the United States tn enter into contracts
with any individuals companies TO transport the mails
of the United States along the said routes of
ton ong any other routes across the ls,hms, s
discretion in closed bsgs the contents of which not
be intended for distribution within the said republic free
from the imposition Of al taxes or duties by the govern
pF h.ftl ,ts ha rtraA
u permit such individuals or companies, by virtue
Of this right TO transport the mails, TO carry also passen
gers or freight.
Art, IT, The republic of Nicaragua agrees that, sh0nd
1t become necessary at any time TO employ military force
for the security and protection OF persons and property
passing any Of the routes aforesaid it will employ
the requisite force Tor that purpose but upon failure TO
DO this for any cause whatever the government Of the
United States may after notice the government or Nj
caragua u the Minister thereof 10 the United States
employ such force for this and for other purpose aud
when the necessity ceases such force shall be immediately
WITHDRAWN.
Art II. II is understood however, that the United
States according protection to such routes of conmun
cation and guaranteeing their neutrality aud security al
ways intend that the protection and guarantee granted
coDditioDaDy aud be Withdrawn if the United States
managing the adopt establish such reg alations
concerning the traffic thereupon contrary TO the
spirit and intention Of this treaty, either by max ng
fair DETERMINATIONS in favor Of the Of any other
nation nations over the commerce OF any other a
ton or nations, or by imposing oppressive exacons
or unreasonable tolls upon mails passengers, vessels,
goods wares merchandise or other articles. The aiore
sad protection and guarantee shall not however be with
drawn ny the United States without first giving sis months
notice TO the republic OF Nicaragua
AIT IS AMI il fur Their understood and agreed that IN
any grants ss which MAJ hereafter be made
entered into by the Of Nicaragua having
ference TO the nteroceanc routes above referred TO-
either OF tbsm the rights ana privileges granted by this
Convention 10 the government and citizens Of the United
States shall be fully protected and reserved. And If any
such grants contracts exist OF valid character
1t further understood that the guarantee and protection
Of the United States stipulated in article Is of this treaty
shall be held imperative and void, until the holders OF
such grants contracts sha recognise the
made In this treaty 10 the and citizens of the
United States with respect TO snch pseroceanc routes
either Of them and shall agree 10 observe and be govern
ed by those fully If they had been en-
braced In their original grants contracts after which
recognition and agreement said guarantee and protection
shall be in foil force provided that nothing herein con
tanned shall be construed either TO affirm deny the
validity Of any Of the said contracts
Art le After ten years from the completion Of rail-
territory Of Nicaragua from the Atlantic the Pacific
ocean, company which may have constructed be IN
possession Of the shall DIVIDE directly or lodi
rccty, by the Issue OF new stock the payment Of dg
depds 9th wise than fifteen per per aunum
OF at that rate, 70 its Stockholders, fem tolls collected
larger prcnt than this they shall be reduced to the
etapuard Of is per cent per anpUm.
Art 90 II s understood that nothing contained IN tns
treaty shah be construed 10 affect the claim OF the govern
noeDt and szens Of the republic Of Costa Rica free
passage by the San Juan river for their persons and pro
Art 81 The two high contracting Powers, desiring Il
make his atty durable possible agree that il shall
rennn in full force for the term Of twenty from b,
day Of the eaDge Of the Publications. aud either party
sba Rave TIE right 10 notify the other Of its Intention
terminate, ster reform this treaty at least twelve
months before the expiration Of the twenty years. If NJ
such notice be given then this treaty shall continue bind
beyond the said time, and until twelve months shal
have elapsed eom the day which Of the parties
sha notify the other Of its intention TO alter reform
| sbrofate THE treaty
Art ~. The present treaty shall be ratified aud th.
Publications exchanged at Washington city WITHIN TIN
| space OF months, or sooner il possible
In vitness Whereof the respective penpotentars hav
signed the same and affixed thereto their respective seals
Doue at the city Of Washington, this sixteenth Novem
ber III the year OF Lord Thousand eight buudrs
aud dirty seven. LEWIS CASS
A. j. DE YRISARRr.