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

The Cass-Yrkarri Treaty rs Negotiated and
Ratified-The Transit to be Safo to
. Travel-lmerlean Rights Protected
&c., &C., &c.

The republics Of Nicaragua and the United States Of
America being DESTROYS to maintain with each other the
moet friendly relations, to promote the commercial inter-
of their respective citizens, and to make some
mutual arrangement With respect 70 . communication
between the Atlantic and Pacific oceans by the river San
uan de Nicaragua and either both the lakes Of Mica
.gua and Mapagua or by any another route through the
territory Of said republic Of Nicaragua have deemed il
expedient to conclude treaty Of friendship commerce
and and for this purpose have named the fol-
loving plenpcentafies-that is TO say
me republic Of Nicaragua, ANTONIO Jose de Yrsar her
Envoy Extraordinary and Minister Pienipotentary the
Upd States Of America and the President OF the United
States Of America Lewis Cass Secretary OF State OF the
United Satss who after having communicated TO each
other their full powers found TO he IN due aud proper
form, lave agreed upon and concluded the following Ar
tclesN . Ar.
Art l. There shall be perpetual amiy between the
United States and their citizens on the one part, ana the
government OF the republic Of Nicaragua and It's ctzens
on the other.
Art There shall be between all the territories Of the
IJned S,aes and the territories Of republic Of Mica
rugua a reciprocal freedom OF The subjects
and the two countries, respectively, shall have
fun liberty freely and securely TO come with their SHIPS
cargoes to all places, ports and rivers In the terrific
rs aforesaid 10 which other foreigners are or NAV be
permitted come " enter into the same and TO remain
and reside any part thereof respectively also to hlre
and occupy and warehouses for the purposes OF
their commerce. and genera ly the merchants and traders
protection security for their commerce. subject always
20 the laws and statutes OF the two countries respectively
In like manner the respective ships OF war and post
Office packis Of the countries shall have liberty reey
and securely all hafbors, rivers aud places "
which other foreign ships OF war and packets are or may
be uermed 10 come the same 10 anchor, aud 10
remain there ref subject always 10 the laws and
statutes OF the two countries respectively.
,o,sd IN LIS article the privilege Of carrying
coasg trade not UNDERTOOK IN which trade national
vessels only Of the country where the trade carried on
are per mted 10 engage.
All i, being the intention Of the high contracting
part es bind themselves by the preceding articles TO
fa.,t., fha pnncl
hops II hereby agreed between them that any avor,
privilege immunity whatever, IN matters OF commerce
ana which either contracting party has actually
granted may grant hereafter, to the subjects or c
gems any other State shall be extended to The SUBJECTS
Of the other contracting party efatuousy, the conces
sion III of that other nation Shall have been gratl
tons or ia return a nearly as possible
ortiopae vane ana effect to oe adjusted by mutual
agT ment the concession shall have been conditional
Ar, 4 No higher DOR other duties snail be mpusei on
the importation into the territory oil the United states OF
say article being the growth produce manufacture of
The repubc of Nicaragua higher other duties
shall be imposed the importation into the territory OF
the republic Nicaragua Of articles being the growth,
produce or manufacture OF the territory OF the United
States than shall be payable upon the like articles
beng growth, produce manufacture OF any other
foreign country, Shall any other or higher duties or
charges be imposed in the territories OF either Of the high
acting parties, on the expectation OF any articles to
sbe territory q the other, than such as are or may be,
payable the expectation OF the like articles TO any
other foreign country shall any prohibition be I'M
posed upon the exporton OF poi aton OF any articles
the growth produce manufacture Of the territory OF
the United States Republic of Nicaragua, from
thu territory Of the United States, TO from the
Republic Of Ncaagua which shall not equally extend to
al other nations.
Art. No higher or other duties payments, on
account of tonnage, OF light or barbor dues, or
pilotage, OF salvage in Case OF either damage or
sbpwTecs account OF any local charges, shall be
imposed any oil the ports OF Nicaragua on vessels
OF the United states thsn those payable by Nicaraeuan
vesse 8; nor in any OF the ports OF tue United
States on NKaIaguan vessels than shall be paya
bic in the ports on vessels Of the United States
At 6. The duty shall be paid the importation
into the OF the repub Of Nicaragua Of
tce being the growth, produce aud manufacture OF the
territories Of United States whether such importation
sha lie made in Nicaragusn vessels in vessels OF the
United States aud the duties shall be paid on the
into the territories the United any
article beng Tie growth produce manufacture OF the
republic OF Nicaragua whether su,h importation shall be
made in Uni ID States Ncaraguan vessels The same duty
shAll lie paid I'd the bouDes and drawbacks allowed on
the expo the republic Of Nicaragua Of articles
being the gowh produces Manufacture OF the terrific
the United bstior such ations Shall
BE- made IL Nioaraguan United STATES vessels and the
shall be paid the same bounties and draw
backs allowed the expectation OF any articles being the
srowh, produce or manufacture Of The republic OF Mica
Tsgua The territories Of toe United States whether such
exportators shall be made in the Vessels Of the United
States or q Nicaragua
Art :. All merchants, commanders of ships and
others citizens Of the United States, shall have full
liberty ai the territories OF the republic Of Nicaragua
manage their affairs themselves, permitted by
the laws commit them to the management of whom
soever they peasn as broker ac,or agent interpreter
shall they be obliged TO employ any other persons in
those capacities than thoeo empcyet BY rcaTsguans
70 pay them any other salary or remuneration than such
lutte freedom shall be allowed all TO the buyer aud
seller TO bargain and tx the price of goods
merchandise por ted nio exported from the republic
of Nicaragua they shall good, observing the laws
and established customs OF the country.
The privileges shall oe enjoyed in the territories
nj the United States by the czeDs OF the republic Of
Nicaragua, under the same conditions.
The citizens Of the high contracting parties shall
ciprocy receive aud enjoy ui! and periec, protection
for cir persons property, and shan and
open access 10 the courts OF justice Ia said countries
ect ely for the prosecution ana defence of their lust
and let a n N all
me advocates attorneys agents Of whatever
description, whom they may think proper aud they sdA
therein Lative citizens
Art 6. In whatever relates 10 the policy Of the ports
The aong and unadug OF ships, the safety of the
chandise goods end effects, the succession personal
tates b. viii or other wise, and the disposal OF personal
property Of every sort ana denomparon by sale, Jona
ion, hange, testament, any other manner whatso-
ever, also the administration of Justice, the citizens OF
the two high contracting PARTIES shail recIp oeay enjoy
Toe privileges liberties and rights native citizens;
5pd lhey shall not be charged in any Of these respects
ia eny higher mlosts duties uan those which
msy be PAD by native ctizaus submitting OF course to
the oc awg regulations of each country respectively
Toe foregoing lroviscns shall be applicable 10 real
tate situated within tue States Of the American Uuion
be entireo 10 hold or inherit rel estate.
But real estate situated with the territory OF
one Of the contracting parties should i 70 citizen OF the
other party, ho Oh account OF mis- being an alien could
not be permitted 10 hold such property Ia the State in
Inch il may b. situated, Nere shall be accorded 10 the
aio hair, other SUCCESSOR such terms as the laws OF
ne State viii permit 70 sell such property; BIO shall be al
berty at all timer 10 withdraw anu export the proceeds
thereof tont tifc1y aad without isyiog TO the gov
nnient any other charges than those which, in similar
case, would be paid by iDbapsIt OF the country III
which The real estate may be Situated
any ctzsn Of either the txo ngn contracting par
ss sha die without Will testament aby Of the ter
rtGres o the ott er the Muster, Consul other di-
plonatC egeut of the nation 10 which the deceased be
opEsd {or the representative OF such Minister, Cons
or other diplomatic agent IN case o absence shall have
.he right 20 Nominate take charge OF the PFC
paIiy OF TIC oecessed, So Tar the laws Of the country
via permit, for the benefit * the gi heirs and cred-
ofs q 1e Geceas' ewing rror notice Of such Domna
@iiDn To ~ suthoi ties Of toe country.
Art 9. The citizens Of the United States residing in
Nicaragua, or the citizens of Nicaragua residing the
thited states, may nteruarry with the the
NoupFy, hold and possess by purchase, marriage or
Ncent any estate. real or PERSONA without thereby chang
sgg her nsiona Character, subjeos the which now
T1ist or may be enacted IN tts respect
2. The citizens Of the United States rosidents 10 the re
psic Of Nicaragua, add The citz Of Nicaragua resi-
ctEtE ~ The uned States, shall be exempted from all
forced Tor c0pulsors) military sery0e sh,ts0syer by
iabd sea- from all cont butOps Of war mi cy exa;-
Iors forced loans time Of war but they snail be