The New York Herald Newspaper, December 17, 1858, Page 2

2 Possible step, and for the most frivolous canses. Meaa- while, the Accessory Transit Company was conveying large bombers of passengers and great sums in treasure across the isthmus of Nicaragua, and the question grew more important every day. By the California travel over the Nicaragua route Mr, Vanderbilt cleared in two years up- wards of a million aad @ quarter of dollars, The Costa Rica. territory adjoined the Transit route, and for the mutual bene at of the United States and Costa Rica the following treaty was conc THE WEPSTER-MOLINA TREATY. TREATY OF FRIENDSHIP, COMMBRCH AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF COBTA RICA. In the name of the Most Holy Trinity. Commercial intercourse having been for some time established between the United States and the rea of Costa Rica, it seems good for the security as well as the pry ae of snch commercial intercourse, and for the maintenance of good understanding between the United States and the suid republic, that the relations ‘BOW subsisting between them should be regularly acknow- and confirmed by he signature of a treaty of y, commerce and navigation. For this purpose they have named their respective plenipotentiaries, that is to say— The President of the United States. Daniel Webster, Se. cretary of State; And his Excellency the President of the republic of Costa Rica, Senor Don Felipe Molina, Envoy Extraors ary and Minister Plenipotentiary of that republic t» the United States: Who, after having communicated to eac!) other their full powers, found to be in due and proper form, Lave ‘agreed upon and concluded the following articles:— ‘Article 1. There shall be perpetual amity between the United States and their citizens on the part, and the government of the republic of Costa Ric. and its citizens om th» other. 2. There hall be, between all the territories of the Ud States and the territories of the republic of Costa Rica, & reciprocal freedom of commerce. The subjects and Citizens of the two countries, respectively, shall have liberty, freely and securely, to come with their ships and cargoes to all places, ports and rivers in the territories aforesaid, to which other foreigners are or may be per- mitted tocome: to enter into the same, and to remain and reside ip any part thereot, respectively; also to hire and occopy houses and warehouses for the purposes of their commerce; and, generally, the merchants and traders of each nation, respectively ; shall enjoy the most complete prote and security for their commerce: subject, alw he laws and statutes of the two countries re- spectively. In “ke manner, the reepective ships of war and post office packets of the two countries shall have liberty, freely aud securely, to ¢ te all harbors, rivers and places to which other foreign : arand packets are or may be permitted to come, to enter into the same, toanchor, and to remain there and reiit; subject, always, to the lawsand statutes of the two countries respective! By the right of entering the places, ports and rivers ded: — v of the country where the trate is carried on ed to engage. 3. It being the intention of the two high contract ties to bind themselves by the preceding articles, to treat each other on the footing of the most favored ni tious, it is hereby agreed between them, that any favor, priviege or immunity whatever, in matters of commero aut navigation which either contracting party bas actually granted, or may hereatter grant, to the subjects or citizens of ony other State, shall be extended to the subjects or | cit zens of the other high contracting party gratuitously, if the concession in favor of that other nation shal! have been gratuitous, or in return for a compensation as nearly as { proportionate value and effect, to be adjusted ‘0 higher or other duties shall be imposed on portation inte the territories of the United States of icle being of the growth, produce or manufacture republic of Costa Rica, and no bigher nor other du- vali be imposed on the importation into the territories public of Costa Rica of any articles being the produce or manufacture of the territories of the United States, than are or shall be payable on the like articles being the growth, produce or manufacture of any other foreign country; nor shall any other or higher duties or charges be imposed in the territories of either of the high contracting parties on the exportation of any articles to the territories of the other than such as are or may be payabie on the exportation of the like articles to any other foreign country; ner shall any probibition be itm; upon the expértation or importation of any articles the growth, produce or manufacture of the territories of the United States, or of the republic of Costa Rica, to or from the said territories of the United States, or to or from the republic of Costa Rica, which shall not’ equally extend to other nations. rt. 5. No higher nor other duties or payments on ac- pt of tonnage, of light or harbor dues, of pilotage, of 5 case either of damage or shipwreck, or on ac any other local cbarges, shal! be imposed in any of the ports of the republic of Costa Rica, on vessels of the 0 Siates, than those payable in the same ports by Poean vessels; nor in any of the ports of the United States on Costa Rican vessels than shall be payable in the same ports on vessels of the United Statee. A The same duties shal! be paid on the importation rritories of the republic of Costa Rica of any i ng of the growth, produce or manufacture of ermtories of the Unvted States, whether such importa tion shall be made in Costa Rican or in vessels of the United States; and the same duties shall be paid on th importation into the territories of the United States of a1 arlicles being the growth, produce or manufacture of the republic of Costa Rica, whether such importation shal! be made in United States vessels or in Costa Kican vessels. The same duties shall be paid, and the same bounties ‘and drawbacks allowed on the exportation to the republic of Coeta Rica, of any articles being the growth, produce or manufacture of the territories of the United States, whether such exportations shall be made in Costa Rica or Caited States vessels; and the same duties shall be paid, and tbe same bounties and drawbacks allowed, the expor tation of any articles being the growth, produce or mana re of the republic of Costa Rica, to the territories of the United States, whether such exportation shall be made tw United States or in Costa Rican vessels. Art All ts, commanders of ships and others, cotizens of the United States, shall have full liberty, in all the territories of the republic of Costa Rica, to manage their own alfairs themselves, or to commit them to the management of whomsoever they please, as broker, fac- tor, agent or interpreter, nor shall they be obliged to em growt ploy any other persons in those capacities than those employed by Costa Ricans, nor to pay them any ‘other salary or remuneration such as paid ip Uke cases by Costa Rican Citizens; and absolute freedom shall be allowed in all cases to the buyer and seller to bargain and fix the price of any coogs, Wares Or merchandise imported into or ex ported [roth the republic of Costa Rica, as they shall see good, observing the laws and established customs of the sume privileges shall be enjoyed in the ter- Luitet states by the eitizens of the republic " ‘The cit yens of the high contracting parties shall reeij cally rece ve and eajoy fall and perfect protection for their persons and property, and shail have free and open access to the courts of justice in the said countries respectively for the prosecution and defence of their just righte they stall be at Liverty to employ in all. cases the advo- cates. attorneys or agents of whatever description whom they may think proper, and they shall enjoy in this re- spect the same rights and privileges therein as native citi * Art. # In whatever relates to the police of the ports, vulad ing Of ships, the safety of the mer nd etlocts. the succession to pe lor otherwise, aud the disposal of of every , y exchange, t or as niso the adtmmistratior two Ligh contracting the same privuezes, and they shall not be ef + any higher imposts ¢ D tates by pores ot tio. # than those whiek va submitting of the of each country es citizen of either of the bwo bigh contracting par ie with Jor testament in any of the ter neral, or consul of the . oF « n his absence, uate curators to take charge the laws of the lawfoi heirs and sed, giving proper worities of the a the United States, residing in the f Costa Rica, and the citizens of the republic of ding in the United States, shall be exempted from ai! Compnisery military service whatsoever, either aor by land, and from all/foreed loans or militar one oF requisiteas, and they shall not be competied , T any pretext whatsoever, to pay other ordinary ces. requisitions of taxes greater than those that are uative citizens of the contracting parties res. 10. Itehall be free for each of the two high con ting parties to appoint consuls for the protection of Je. to reside im any Of the territories of the other par bot before any consul shall act as such, be shall, 9 the form, be approved and admitted by the govern ment to which he Is rent ng parties may except from the residence of consuls ey mrtcular places as they judge fitto be excepted. The Costa Kiran diplomatic agente and consuls shallnjey in the Territories of the United 8 ates whatever privileges, ex mptio { imrounites are or shall be granted to agents the rank belonging to the most favored nation win like manner the diplomatic agents and consuls of the United States in the Costa Rican territories shall en oy acoording to the strictest reciprocity, whatever privi. ‘eges. exemptions And immunities are or may be granted oth blic of Costa Rica to the diplomatic agents and consuls of the most fayored nation Art. 11. For the better security of commerce between the citizens of the United States and the citizens of the republ¢ of Costa Rica, it is agreed, that if at any time any interruption of frendly intercourse or any rupture should unfortunately take place between the two high contracting parties, the Citizens of either of the two high contracting parties who may be within any of the territories of the her, shall, if residing upon the const, be allowed six months, and if in the interior, their accounts and dispose of their property, and a conduct shall be given them to embark at the port which they themeelves shail select, and even inthe event of a rupture, all sueb citizens of either of the two high con- tracting parties who are established in any of the territo- ‘x Of the other, in the exercise of apy trade or special e@nploy ment, #hall have the priviloge of remaining and of comtinaing eveb trade and employment therein without my manner of interrupuon, in the full enjoyment of their ve peaceably, the laws, and their goods and efleets of whatever on may be, whether to their own custody or entrustet to individuals or to the State, shall not be liable to selgure of sequestration, nor to ane other charges or demagda than those which may be made upon the like effects or property be to ‘dhe native citizens of the country in which such citizens may renide In the same case debis between individuals, public fonds and ebares of companies shall confiscate’, reqnestered, nor detained. Art. 12 The citizens of the United States and the citi Pree Of the republic oF Goete Rica, respect rely, residing ‘a Art m oned in this article, the privilege of carrying on the | de is not understood, in which trade national | notice of such | and either of the bigh comtreet. | h whole year to yar | NEW YORK HERALD, FRIDAY, DECEMBER 17, 1858. aay of the termtories of the other shal in governmext) aod shail contiaue in gua. Tantees which they now ¢! They shal! not be dis- turbed, molested or annoyed in any manner on account of their religious belief, nor in the proper exercise of their religion, ‘either within their own private houses or in the places of worship destined for that purpose, agreeably to the system of tolerance established in the territories of the two high coutracting parties; provided they respect the religion ot the nation in which they reside, a8 well as the constitution, laws, and customs of the country, Lib erty shall also be granted to bury the citizens of either of the two high contracting parties who may dic in the terri tories aforesaid, in burial places of their own, which in the game manner miay be freely established and maintained; | nor shall the funerals or sepulchres of the dead be dis- | turbed in any way or upor any account. Art. 13. In order that the two bigh contracting parties may have the Fangaon of hereafter treating and agree- ing upon such other arraigements as may tend still further to the improvement of their mutual intercourse, and to the advancement of the interests of their respective citizens, it is agreed that at any time after the ration of seven years from the date of the exchange of the ratifications of ihe present treaty, either of the high contracting parties shail have the right of giving to the other party notice of its inteution to terminate articles 4, 5 and 6 of the present treaty; and that at the expiration of twelve months after such notice shal! have been received by either party from the other, the said articles, and all the stipulations con- tained thereim, shall cease to be binding on the two high contract ug parties. Art. 14, The esent treaty shall be ratified, and the be exchanged at Washington or at San ‘ica within the space of one year, or Sooner . cart whereof the respective Plenipotentiaries have sot the same and have affixed thereto their respective "Done at Washington this tenth day of July, in the year of our Lord one thousand eight hundred and fifty one. DANIEL WEBSTER, F. MOLINA The usual ratifications were exchanged and proclama- tions made by the contracting powers. Meanwhile the governments of Great Britain and the United States were hard at work corresponding upon Nicaraguan affairs, which were in a bad way internally and externally. Internally the two parties of the rep declared civil war. There does not appear to have }« any question of principle at stake. The spoils of Transit route were probably the incentives to these pat riots of both factions. The company had agreed to pay the Nicaraguan government the sum of $10,000 per an- num, and they were considerably in arrears. The goy- ernment forces were finally beaten, but uot before Mr. Wheeler, United States Resideat Minister, had made the following convention, which it will be seen is nearly the same as that concluded with Costa Rica:— | THE WHEFLER-ESCOBAR CONVENTION. TREATY OF FRIENDSHIP, COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF NICARAGUA. | In the Name of the Most Holy Trin'ty— Commercial intercourse Having been for some time es. tablished between the United States and the republic of Nicaragua, it seems good for the security as well as the encouragement of such commercial intercourse, and for the maintenance of good understanding between the Uni ted States and said republic, that the relations now sub. sisting between them should be regularly acknowledged and confirmed by a treaty of amity, commerce and navi gation. For this purpose they have named their respective ple. nipotentiar ies, to wit:—The President of the United States, Joun Hill Wheeler, Minister resident near said republic; and His Excell Deputy President of the Republic of Nicaragua, Senor Don Sebastian Escobar and Senor Don Agustine Aviles, who, after having communicated to each other full powers, found to be in due and proper form, have agreed upou and concluded the follow ing articles ‘Art. 1. There shall be perpetual amity between the United States and their citizens on the one part, and the government of the republic of Nicaragua and its citizens on the other. Art. 2. There shal! be between all the territories of the United States and the territories of the repubbile of Nicara. gua a reciprocal freedom of commerce. The subjects and citizens of the two countries respec- tively, shal! have full liberty freely and securely to come with their ships and cargoes to ali places, ports and rivers, in the territories aforesaid, to which other foreign ers are, or may be permitted to come, toenter into the saucy and to rema‘n and reside in any part thereof re- spectively; also, to bire and occupy houses and ware houses for the purpose ef their commerce; and genera! the merchants and traders of each nation respectively sha! enjoy the most complete protection aud security for their commerce, sulject always to the laws and statates of the two countries respectively. In the same manuer the respective ships of war and Post Office packets of the two countries shal! have liberty freely and securely to come to all harbors, rivers, and p which other foreign ships of war and pac! are or may be permitted to come, to enter the same, to anchor, and to remain there aud refit, subject alw to the laws and statutes of the two countries respectively. By the right of entering places, ports and rivers mea. tioued in this article, the privilege of carrying on the coasting trade is pot understood; in which trade national vessels only of the country where the trade is carried on are permitied to engage This article in no manner shall be so construed as to derogate from the privileges, granted by the republic o Nicaragua to the Accessory Transit Company. Art. &, It being the intention of the two high foutract to bind themeelves by the preceding articles to ch other on the footing of the most favored nation it is hereby agreed between them, that any favor, privi or immunity whatever, in matters of commerce aud tion, which either contracting party has act granted or may grant hereafter to the subjec zens of any other State, shall be extended to the subjects of the other contracting party gratuitously, if the con cession in favor of that other nation shal! have been gratuitous, or in return for a comgeenntaen as nearly as ible of proportionate value and effect, to be adjusted yy mutual agreement if the coucession shall Lave beea conditional. Art. 4. No higher nor other duties shal! be imposed on the importatians into the territories of the Uaited States of any article being the growth, produce or mauufacture of the republic of Nicaragua, and no higher or otuer du ties shall be imposed on the importation into the territo. ries of the republic of Nicaragua ou any articles being the growth, produce or manufacture of the territories of the ‘United States, than are or shall be payable upoa the like articles, being the growth, produce or manufacture of any other foreign country; nor shal! any other or higher du- ties or charges be imposed in the territories of either of the high contracting parties, on the exportation of any articles to the territories of the other, than such as are or may be payable on the exportation of the like articles to any other foreign country; nor shall any probibition ‘be imposed upon ibe exportation or importation of auy articles, the growth, prodace or manufacture of the ter- ritories of the United States or the republic of Nicaragua, to or from the said territories of the Uuited Stutes, or to ‘or from the repoblic of Nicaragua, which shall not equally extend to all other nations. Att. &. No bigher nor other duties or payment: count of tonnage, of light or harbor dues, or pile salvage, in case of either damage or shipwreck, or Ca ac count of any local charges, sha!l be imposed in any of the ports of Nicaragua on vessels of the United States, than thore payable by N: 1s; nor in any of the ports of the United § aragiau vomels than shall be payable in the same ports of versels of the United States Art. 6. The same duties shall he paid oa the importation into the territories of the republic of Nicaragua of auy icle being the growth, produce or ma of th Titories of the United States, whet ‘te importat ha’! Nicaraj rt vossels of the United States; and the satne daties be paid on the importation into the territories of the United States of any article being the growth, produce or manufacture of the republic of Nicaragua, whether sach ‘mportation shall be made in Nicaraguan or United States vessels. me duct shall be paid, and the bounties and draw backs allowed on the exportation to the republic of Nicaragua of any articles being the growth, produce or nufacture of the territories of the United States, er such importations shall be made in Nicaraguau or United States and the same duties shall be { the exportation of any articles being the growth, pro duce or manufacture of the republic of Nicaragua to the territories of the United States, whether such exporta- = shall be made i the vessels of the Unwed States or Niear Art All merchanta, commanders of ships, aod other citizens of the United States, shall ull liberty in all the territories of the republic of Nicaragua to manage thetr own affairs themselves, as permitted by the laws: or to commit them to the management of whomsoever they please, as broker, factor, agent or interpreter, nor shail they be obliged to employ any other persons in those ca. pacities than those employed by Niearagnans, nor to pay them any other salary or remuneration thau such as is paid in like cases by Nicaraguan citizens, and absolute free. dom shal! be allowed ip all cases to the buyer and seller to bargain and fix the price of any goods, wares or mer. chandise imported into or exported from the republic of Nicaragua, as they shall see good, observing the laws and established customs of the country. The same privileges shall be enjoyed w the territories af the United States by the citizens of the republic of Nicaragua, under the same conditions ‘The citizens of the high contracting parties shall re- ciprocally receive and enjoy full and per fect protection for their persone and property, and shall have free and open access to the courts of justice in said countries respective- ly, for the prosecution and defence of their just rights, and they shal! be at liberty toemploy, in all cases, the attorneys, advocates or agente, of whatever description whom they may think proper. and they shall enjoy in this respect the same rights and privileges therein as native citizens, Art. 8. In whatever relates to the police of the ports, the lading or uplading of ships, the safety of the merchan- dise, goods and effects, the succession (» personal estates by will or otherwise, and the disposal of personal pro perty of every sort and denomination by sale, donation, exchange, testament or other manner whatsoever, as also the administration justice, the citizens of the two high contracting parties shall reciprocally enjoy the same privileges, liberties and rights as native citizens: and they fhall not be charged in any of these respects with any higher imposts or duties than those which are or may be by native citizens, submitting of course to the local we and regulations of each country r ely. does not inclade the retail of merchandise, If any citizen of either high parties shall die Ley = pA roa cated, it shall bave due and full effect, and legaters under said will shal! be allowed to an oe or = of the nation to which the deceased be! representative of such minister or consul, diplomatic agent in cate of absence). hall have the right to nominate curators to take of the property of the deceased, so far as the laws of the country will per- pit, for the Dealt of the lawful beire aad qreditors of the deceased, gi re notice of uch aomination to the authorities of rout Art. 9. 1. The citizens of United States residing ia Nicaragua, or the citizens of Nicar: residing in the United States, may mtermarry with the natives of the country, hod and possess, by purchase, marr ‘or des- y estate, real or personal, without thereby chang- ing their national character, subject to the laws which now exist or may be enacted in this respect. 2. The citizens of the United States residents in the republic of Nicaragua, and the citizeus of Nicaragua residents the United States, shall be exempted from all forced or compulsory milRary service whatsoever, by land or sea, from ali contributions of war, military exactions, forced loans in time of war, But they sball be obliged in the same manner as the eitizens of each na- Yon, to pay lawfu! taxes, municipal and other modes of oe and ordinary charges, loans and coutributions in ‘Ube Of peuce (as the citizens of the country are liable), in just proportion to the property owned. 3. Nor shal! the property of ether, taken for any public object without full sation, to be paid in advance, 4. The citizens of each of the two high contracting par ties shall have the unlimited right to go to any part of the territories of the other, and in al! cases enjoy the same se- curity as the aatives of the country where they reside, with the condition that they duly ‘observe the laws and ordinances. Art. 10. It shall be free for each of the two high con- tracting parties to appoint consuls for the protection of trade, to reside in suy of the territories of the other party. But before any consul shall aet as such, he shall in the usual form be approved and aamitted to the government to which he ‘s sent; and either of the high contracting par- ties oo pe from the residence of consuls such parti- cular places as they judge fit to be excepted. ‘The diplomatic agents of Nicaragua, and consuls, shail enjoy in the territories of the United States whatever pri- vileges, exemptions and immunities as are or shall be al- lowed to the agents of the same rank belonging to the most favored nations, and iu like manner the diplomatic nts and consuls of the United States im Nicaragua \Lenjoy, according to the strictest eciprocity, ‘what- ever | ei rd exemptions and immunities t are or may be granted in the republic of Nicaragua to the diplo- gents and consuls of the most favored nations. Art. 11. For the better security of commerce between the citizens of the United States and the citizens of Nica- ve, ites agreed that if at any time any interruption {rv ndiy intercourse or any rupture should unfortu- nately take place between the two high contracting parties, the citizens of either who may be within the territories of the other shall, if residing on the coast be allowed six months, and if in the interior a whole year, to wind up their accounts and dispose of their property, and a safe conduct shal! be given to them to embark at any port they themselves may select. Even in case of a rupture, all such citizens of either ot the high contracting partics who are established in any of the territories of the other, in trade or other employment, bave the privilege of remaining and continuing such trade or employment withont any manner of interruption, in the full enjoyment of liberty and property, 80 long as they behave peacefally and commit no offerice against the laws; and ther goods and effects, of whatever description they may be, whether in their own custody or intrusted to indi viduals or to the State, shall not be liable to seizure or ee. estration, nor to any other charges or demands than which may be made vpon the like effects or property belonging to the native citizens of the country in which such citizens may reside, In the same case, debts be: tween individuals, p erty in poblic funds and shares of es shall never be confiscated, sequestered nor de- of any kind, be and just compen- zens of the republic of Nicaragua, respectively, residing in any of the territories of the other party, shall enjoy in their houses, persons and property, the protection of the government, and shal! cont ip_ possession of the guarantees which they now enjoy. They shal! not be disturbed, molested or aun in any manner on ac- count of their religious belief, vor in the proper exere’ of their religion, agreeably ‘to the system of tolerance established in the territorics of the two high contracting parties, provided they respect the religion of the nation in which they reside, as well as the coustitution, laws and customs of the country. Liberty shal! also be granted to bary the citizens of either of the two high contracting par- ties who may die in the territories aforesaid, in burial places of their own, which in the same manner may be freely established ana maintained, nor shall the funerals or sepulebres of the dead be disturbed in any way or upon any account. Art. 13. Whenever the citizens of either of the contract- ing parties shall be forced to seek refuge or asylum in the rivers, bays, ports or dominions of the other, with their vessels, whether merchant or war, public or private through stress of weather, pursuit of pirates or enemies or want of poe or water, they shall be received and treated with humanity, and given all favor and protection for repairmg their vessels, procuring provisions, and placing themselves, in all respects, in @ condition to con- tinue their voyage without obstacle or hindrance of any kind. Art. 14. It agreed between the United States and the republic of ragua, that upow mutual requisitions by them or their ministers, officers or authorities, respec- tvely made, they will deliver up to justice all persons of either country Who may seek an asylum or concealment withia the territories of the other, charged with the crime of murder, or assault with an intent to commit murder, or 'Y, OF arson, or robbery, or rape, or forgery, or the ce Of forged papers, or burglary, or fabrication, or cireulation of counterteit coin or paper mouey, or the em 1 of pabLe fands, committed within the jurisdic. tion of either party: provided, that this shall only be done upon such © ve of criminality as, accordiug to the laws of the place where the fugitive may be found, Would Justify big apprehension and commitment for trial, if the res} judges and other magistrates of the twe govern- ments that! have the power, Jurisdiction and authority upon complaint made on oath, to issue a warran apprehension of the fugitive, or person so that he may be brought before such judges or to the end that the evi inality may be heard and considered. If, ou auch hearing, the evidence be sufficient to sustain the charge, t shall be the duty of the examining judge or magistrate to certify the same to the executive authority, ‘ta warrant may iseue for the surrender of such fu- gitive. The expenses of such epgrehension and delivery shal be borne and defrayed by the party who makes the re quisition aud receives the fugitive. Sec, 2. That when any person accused of the crimes mentioned in thts treacy shall have committed a new rime in the territories of the State where he has sought um, or may be found, such person shall not be de " under the stipulations of this treaty until he sha been tried aud shall have been acquitted of such newerime, or shail bave received the punishment due to sueh crime. Art. 15. If any one or more of the citizens of either party sbal! infringe any of the articles of this treaty, such citizen shal! be held personally responsible for the same, and the harmony and good correspondence between the two batons shail not be iuterrupted thereby—each party ng in no Way to protect the offeader or sanction such violation. 2. It (which, indeed, cannot be expected) unfortunately ony of the acticles contained in the present treaty shall be violated or infr: in any other way whatever, it is ex- pressly stipulated that neither of the contracting will order or authorize any act of reprisal, nor war against the other oer een eet ee, until the eaid party considering itself offended shall have preseated to the other @ statement of such injuries or damages. verified by competent proof, and demanded jostice and satiefaction,and the same shall have been either refused or uuressouably delayed. Art. 16. Thetwo high contracting Powers, desiring to it ty as durable as possibic, agree that this treaty shail remain in full force for the term of twelve years from the day of the exchange of the ratifleations; land either party shall have the right to notify the other of its mtention to terminate. alter or reform this treaty at leat twelve months before the expiration of the twelve y If uo such notice be given, then tha treaty shall continve binding beyond the said time, and until twelve months shall bave elapsed from the day on which one of the parties shail notify the otber of ite \utentioa to alter, reform or abrogate this trea Art. 17. The present treaty shall be ratified, and the rotifications «exchanged at Washington city, within the ® eighteen months—or sooner ‘f possible. To witness whereof the respect) pleutpotentiaries have sigued the sane, and affixed thereto their respective seals Done at the city of Granada, ropoblic of Nicaragua, Central America, this twentieth day of June, in the year of our Lord one thousand efght bundre y-five INO, cELER. SEBASTIAN ESCOBAR, AUGUSTIN AVILES. When th « treaty arrived at Washington General Walker was a sortof Military Dictator in na the govern, meut of the United States refused to receive the Envoy that brought jt. It ie not material to our present purpose todo more than simply advert to the interference of England and the United States in Nicaraguan alfairs, the seizure and return of Walker and his men, and the closing of the Transit route They were circumstances which pressed forward the governments t take definite action. Before, however, matters bad came to the worst, the Palmerston government thought of a clever dodge vy whieh the open abrogation of the Clayton Bulwer treaty might be avoided, and our government satisfied upon the Honduras question, we having protested aga‘ust the seizure of the Bay Islands. Accordingly Mr. Herran, the Minister of Honduras near Paris, was invited to Loudon (July, 1856), nnd in Auguet following the treaties were completed, thus — CONVENTION BETWEEN GREAT BRITAIN AND HON DURAS, RELATIVE TO THE BAY ISLANDS. Her Majerty the Queen of the United Kingdom of Great Britain and Ireland, and the repubite of Honduras, being desirous to settle in a friendly manner certain questions connected with the territorial limits of the repu hie, have resolved to concinde a convention for that purpose, amd have named as the'r plenipotentiaries, &e., &e., who have agreed upon and coucinded the following articles — Art. 1. Taking into consideration the peculiar graplocal portion of Honduras, and in order to secure neutrality of the islands adjacent thereto, with reference to any railway or other line of inter oceanie communica- tion which may be constructed across the territories of Honduras, her Britannic Majesty and the republic of Hon- duras agree to constitute and lare the islands of Roa- tan, Bonacca, Helena, Urila and Barbaretta, situated in the Bay of juras, a free territory, ui the sove- rejgnty of the republic of Honduras. legislative, judicial and executive authori. prevent ties in said island sball remain in the exercise of their functions until the 1. ative Assembly of the said islands pm Aaligagy provide, with, however, the following ex- ceptions — All functions hitherto exercised by the crown of Great Britain and by the Governor of Jamaica, in the govern- ment and Legisiature of the said iwand, shall cease from the date of the prociamation of this convention therein; and such proclamation shall be made as soon as possible after the exchange of ratifications. All functions hitherto exercised by the Sa jtendent of the Britieh settlements in the Bay of ras, in the capacity of Lieutenant Governor of the said islands, and by the therein revident, in the gor. of the said islands, shall cease six ernment aod spouts after the date above meutioued, unless the Lega me or offence had been there committed; and the | lative Assembly shall sooner provide eutstitutes for the abov. functionaries. re Meatione 7 The inhabitants of the free Meabory shail then perma- nently possess the following rights aud immunities — 1. ® govern themselves by means of their own muni- cipal government, to be administered by legislative, exe- cutive and judicial officers of their own election, accor- ding to their own regulations. 2° Trial by jury in their own courts. 3. Perfect freedom of religious belief and worship, pub- lic and private. : 4 Exemption from al! duties of customs, and from all taxation on real estate or other property, except such as may be im) by their own municipality, and coi- lected for the treasury of the free territory, to be applied for the benefit of the said free territory. 5. Exemption from military service, except for the defence of the free territory, and within its bounds. The republic of Honduras engages not to exercise its rights of sovereignty over the ids which are to con- stitute such free territory, in any manner, in violation of the rights and immunities speci@ed m this article. The republic also en; ‘not to erect, nor to permit to be erected, any fortit on the said islands, or or other islands in the Bay of Honduras, nor to cede suc! islands, or any of them, or the right of sovereignty over such islands, or any part of auch sovereignty, to any na- tion or State whatever. And whereas, slavery has not existed in the said islands, the republic of Honduras hereby. engages that pot malt not at any time hereafter permxted to exist therei Art.2. The contracting agree to communicate the present convention to all other maritime Powers, and to invite them to accede to it. Signed in London, our Lord, 1856. , this —— day of ——~, in the of CONVENTION BETWEEN HER MAJESTY AND THE RE- PUBLIC OF HONDURAS, RELATIVE TO THE MO8- QUITO INDIANS, AND TO THE RIGHTS AND CLAIMS hy in SUBJECTS, SIGNED AT LONDON, AUG. 7, 5 Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Republic of Honduras, being desirous to settle, by means of a convention, certain pale Yesulting from the territorial arrangements which form the subject of another convention concluded be- tween them on this day, have named as their plenipoten- tiaries for tbat purpose, that is toser— Her Majesty the Queen of the United Kingdom of Great Britain and freland, the Honorable George William Frederick, Farl of Clarendon; Baron Hyde of Hindon, a Peer of the United Kingdom, a member of her Britannic Majesty's most honorable Privy Council, Knight of the Most Noble Order of the Garter, Knight Grand Cross of the Most Honorable Order of the Bath, her Britannic Ma- Jjesty’s Principa! Secretary of State for Foreign Affairs: And His Excellency the President of the Republic of Honduras, Senor Don Juan Victor Herran, nister Plenipotentiary of the Republic to her Britannic Majesty: Who, atter having communicated to each other their respective full powers. found in good and due form, have agreed upon and concluded the following articles:— Article 1, The Republic of Honduras not to disturb the subjects of her Britannic Majesty mn the enjoy- ment of any property of which they may be in possession in the Islands of Ruatan. Bonacca, Elena, Utile, Barbarete, and Morat, situated in the Bay of Honduras. Art. 2. Her Britannic Majesty agrees to recognise the mid channel of the river Wanx or Segovia, which falls into the Caribbean Sea at Cape Gracios a Dios, as the boundary between the Republic of Honduras and the territory’ of the Mosquito Indians, without prejudice, however, to any question of boundary between the repub- lies of Honduras ond Nicaragua, And wherees, the Mosquito Indians have heretofore pos- sessed and exercised rights in and over the territories lying between the river Wanx or Segovia, and the Roman river, her Britannic Majesty agrees to recommend to the Mosquito Indiaus to renounce aay such right in favor of the Repul Honduras, on condition of receiving from the Repnble some reasonable sum, by way of annuity, for a limited period, to be paid half yearly, as an indem: nity and compensation for the loss and extinction of their interest in the said territory. When such an arcange- ment shall have been acceded to by the Mosquito Indians, her Britannic Majesty engages to recognise the sovereign- ty over the sald territory as belonging to the Republic of Honduras: and her Britannic Majesty aod the Republic will, within twelve months thereafter, appoint two com- missioners, oue to be named by each party, for the pur- pose of determining the amount, the period of duration, and the time, piace and mode of payment of the annuity so to be paid to the Mosquito Indians as indemnity and compensal And whereas, British subjects bave, by grant, lease, or otherwise, heretofore obtained from the Mosquito Todians interests in various lands situated within the territory above described, lying between the river Wanx or Sego- via and the river Roman, the Republic of Honduras en- gages to respect and maintain such interests. And it is further agreed, that the Conmissioners mentioned in the present article Shall investigate the claims of British sab- Jects arising out of such grants or leases, or otherwise; and all British subjects whose claims shall by the Com- missioners be yy unced well founded and vatid, shail uieted in the posseasion of their respective interests in the said lands. Art. 3. The Republic of Honduras further engages to carry into cflect any agreements already made, and now in course of being carried out. for the satisfaction of Bri- tish claims; and tt is agreed between the contracti tues, that tne Commissiouers mentioned in the pr article shall alko examine and decide upon any British claims upon the government of Honduras that may be submitted to them, other than those specified in the pre- ceding article, and not already iu a train of settlement. Art. 4. The Commmissioner® mentioned in the preceding articles shal! meet at Truxillo, at the earliest convenient pertod after they shall have’ been respectively named, and shall, before proceeding to any business, make and subseribe'a solemn declaration that they will impartially and carefully examine and decide, to the bestof their Judgment, and according to justice and equity, without fear, favor, or affection to their own country, upon all the matters referred to them for their decision; and such declaration shall be entered on the record of their pro- ceedings. ‘The Commissioners shall then, and before proceeding to uny other busin rd person to act as an bitrator or umpire im any case or cases in which they wy themselves difler in opinion, The person s0 to be rbitrator or umpire shall, before = pt as such, make and subscribe a solemn declaration, ip a form simular to that which shall already have been made and subscribed by the Commissioners, and which shall aiso be entered on the record of the lings. In the event of the death, absence or incapacity of such person, or of his omitting, or declining, or ceasing to act as such arbitrator or umpire, another person shall be named foresaid to act as arbitrator or umpire in his place, shail make and subscribe such declaration as afore- Britapnic Majesty and the republic of Honduras engage to consider the decision of tue Commission- ers copjointly, or of the arbitrator or umpire, as the case may be, a® final and conclusive on the matters hereby re- ferred t) their dec*ion; and they further engage forthwith to give full effect to the same, rt. §. The commissiovers and the arbitrator or umpire shall keep an accurate record, and correct minutes or notes, of all their proceedings, with the dates thereof, and shall appoint and employ a clerk or So wo ‘assist them in the transaction of the business which may come before them. The salaries of the commissioners shall be paid by their respective governments. The contingeat expenses of the commission, inciuding the salary of the arbitrator or um- pire, and of the clerk or clerks, shall be defrayed in equal mols ties by the two governments. Art. 6. Present convention shal! be ratified, and the ratifications shall be exebanged at Londou, as soon as possible within twelve mopths from this date, I ese whereof, the respective plenipotentiaries have { the same, and bare affixed thereto their respective London ¢ of our Lord ope thouwand eight ks LA VR. the twenty eeventh day of Avgust, in nired aad Aity-six. THE CLAR Article 1. F dow of Great I reignty and indepen Consequent! die peace and since Majeety apd the rey their possessions aud territories, and between their suv. jects and citizens, respectively, without distinction of perrons or places Art. 2. The two high contracting parties, being desirous of placing the commerce and navigation of their respective countries on the liberal basis of perfect equality and re ciprocity, mutually agree that the citizens of each may frequent ail the coasts and countries side therein, and sball have the power to parchase and hold all kinds of property wh the laws of the country may permit any foreigners, of whatso ever vation, to hold, and to engage in all kinds of trade, ‘manufactures and mining, upon — the fame terms with native subjects or citizens. They shall enjoy all the privileges aud concessions in these matters which are or may be made to the subjects or ef of any country; and shall enjoy all the rights, privileges and exemptions in navigation, commerce and Manufactures h native subjects or citizens do or shall enjoy. submitting themseives to the laws there es. tablished, to which native subjects or citizens are sub jected: ‘The ships of war and post office packets of each contract ing party respectively shall have liberty to enter into al! harbors, rivers and places within the territories of the other, to which the ships of war and packets of other na: tions are or may be permitted to come: bene = nd to remain and ret; subject always to the awa ely. parties turther engage that neither two countries respect: The high contracting will grant any favor to any other nation, in respect of com merce and navigation, which shall not immediately become common to the other contracting party. Art. 3. The high contracting parties agree that, in re- gard to the coasting trade, the ships, subjects and citizens: of each ehall enjoy, in the dominions and territories of the other, the sate’ privileges, and shall be treated in all respecte in the same manner, as national veesels, and ar native eubjects and eitzens. Art. 4. The contracting parties likewise agree that whatever kind of produce, manufacture, or merchandise of any foreign country can be, from time NDON-HERRAN 72 ety the Qu i Treiand reeogn ence of the republic of E there ghall be a perfect, firm, and inviola r friendship between bor Britanai be g z Gi i i Y or manufacture of the British q be payable on the like artiote ‘being the produce Or manufacture of any other foreign country. Nor Sallong et, or other duties or charges bem posed, in either two countries, on the expor ta¥on of any article to the territories of the other, than such as are payable on the exportation of the like article to any other foreign country. . No probibition | be imposed upon the importation of any article the growth, produce or manufacture of the ter ritories of either of the two contracting parties into the territories of the other, which shall not equally extend to the importation of the like article being the growth, duce or manvfacture of avy other country; nor shall «: eee ere y prehihiteo, be imposed on the exportation of any article | om the territories of either af the two contracting par. ties to the territories of the other, which shall not equally extend to the exportation of the ke article to the territo- MGW. No duties of tonnage, harbor, pllotage, ight rt. 6. No duties of tonnage, » Pilotage, - house, quarantine, or other. similar oF corresponding du- levied m the name of orfor the profit of the govern: ment, public functionaries, corporat.ons or establishments of whatever kind, shall be imposed in the ports of either country upon the vessels of the other country which shall not 4 equally imposed in the like cases ou natiohal vessels. Art. 7. Inorder to prevent the possibilty of any mis- understanding, it is hereby declared that the stipulations contained in the Froese. articles are, to their full ex- ay licable to British vessels and their cargoes arriv- u of the said republic and their cargoes arriving in British ports, whether they proceed from the port of the country to which they respectively belong, or from the ports of any other foreign country ; avd, in cither case, no discriminating duty sbali be imposed or ‘collected in the ports of either country on the said vessels or upon their cargoes, whe- ther euch cargoes shail consist of native or of foreign produce or manufacture. Art. 8. All vessels which, according to the laws of Great * Britain, are to be deemed British yeesels, and all vessels which, according to the laws of the republic of Honduras, are to be deemed verse. of that republic, shall, for the purposes of this tr-aty, be deemed British vessels and ves- sels of Honduras respectively. Art. 9 It is hkewise agreed that it sball be whoily free or all merchants, commanders of ships, and other citi- zene of both countries, to manage, by themselves or egents, their own business in all the ports and places sub- ject to the jurisdiction of each other, as well with respect to the consignments and sale of their goods and merchan- dise, by wholesale or retail, as with respect to the load- ing, unloading aud sending off their ships; they being, in al! these cases, to be treated as subjects or citizens of the country in which they reside or are conducting their busi- ness, and to be subjcet to the laws of that country. Art, 10, Whenever the citizens of either of the con- arties shall be foreed to seek refuge or asylum , buys, ports, or dominions of the other with , Whether merehant or of war, public or pri- vate, through stress of weather, pursuit of pirates or ene mies, Or Want of provisions or water, they shall be re- ceived and treated with humanity, giving to them all fa- ver and protection for repairgig their ships, procuring provisions, and placing themsetyes in a situation to con eae their voyage without obstacle or hindrance of any ind. Art 11. af any ship of war or merchant vessel of either of the bizh contracting parties should be wrecked on the coasts of the other, such ship or vessel, or any parts there- of, and all furniture and urtenances belonging there- unto, and al! goods and ma ndise which shail be saved therélrom, or the produce thereof, if sold, shall be faith- fully restored to the owners upon being claimed by them or by their duly anthorized agents: and if there are nosach owners or agents on the spot, then the said ships or parts of ships, furniture, appurtenances, goods and merchan- dise, or the proceeds thereof, if sold, as well as all the papers found on board such wrecked ship or vessel, shall ed to the British consul or vice-cousn!, or to the s} or vice-consul of the republic ot Honduras, in whose district the wreck may have taken place, upon being claimed by bim; and upon payment by such consul, vice cousu!, owners or agents of only ‘the expenses incurred in the preservation of the property, and of the salvage or otber expenses which would’ have Leen payable in the like case of a wreck of a national ye-sel. The charge for such salvage or other expenses shail be made and settied immediately, subject to such right of appea! ou the part of the person Paging the saine AS may exist in the respective countries, e and merchandise saved from the wreck shail not be subject to duties, unless cleared for consumption, in which case they shall be bable only to the same duties as if they had been tmported in @ national vessel. Art. 12. The subjects and citizens of either of the two contracting parties tn the territories of the other shall be at (ui! liberty to acquire, possess, and dispose of, by purchase, sale, donation, exchange, marriage, testa- mient, sucecssion ab intestato, or in auy other manner whatever, every description of property which t lows of the ‘country may permit a foreign. ers, of whatsoever nation, to hoid. ir heirs apd representatives may succeed to and take posses- sion of such property, either in person or by agents act- ing on their bebalf,im the ordinary form of law, in the fame manner as subjects or citizens of the bey and in the absence of such heirs and representatives, the perty shall be treated inthe same manner as the like property belonging to a subject or citizen of the country under similar circumstances, Jn none of these respects shall they pay upon the value of such property any other or higher impost duty, or charge, than is payable by subjects or citizens of the country. In every case the subjects and citizens of the coutraccng parties ehall be permitted to export their pro- perty, or the procees thereof—British subjects from gbe territory of Hondures, and Honduras citizens from the British territory freely, and without being subjected on such exportation to pay apy duty as foreigners, aud with- ‘out having to pay any other or higher duties than those to which subjects or citizens of the country are liable. Art. 13. Both contracting parties promise and engage formally to give their special protection to the persons and property of the subjects or citizens of cach other, of all occupations, who may be in the territories subject to the urisdiction of one or the ether, transient or dwelling ‘therein, leaving open anu free to them the tribunals of justice, for their judicial recourse, on the same terms which are usval and customary with the natives or citizens: of the country; for which purpose they may either appear b proper person, or employ, in the prosecution or de- fence of their rights, such arlvocates, solicitors, notaries, agents and factors a8 they may judge proper, in all thetr trials at law, and such citizens or agents shall have free yortunity to be present at the decisions or sentences of the tribunals in all cases which may concern them, and shall enjoy in such cases all the rights and privileges ac corded to bative subjeete or citizens. Art. 14. In the event of any subject or citizen of ether of the two contracting parties dying without will or testa. meut in the dominions or territories of the other contract ibg party, or in the absence of lawful heirs or representa- tives, the consul general, consul or acting consul of the nation to which the deceased may belong, shail, so far as the laws of each country will permit, bave the right to take possession and charge of the property which the de- ceased may have left for the benefit of his lawful and creditors. g ving immediate notice of the death to the thorites of the country. Art. 15. The subjects of her Britannic Majesty araeine he ne the repablic of Honduras, and the citizens of the rr Sfajerty shail be extonpted from all compulsory walter vesty, shall be exemy compl eer Vice *batsoover, whether by eea or land, and from forced loans, or military exactions or requisitions; and they shail not be compelled, under any pretext whateo- ever, to pay any ordivary or extraordinary charges, re- quisit ons or taxes. other or higher than tl that are or Le paid by native subjects or citizens. nied that meither of the coptracting parties #ball knowingly receive into, or ain in, it service any subjects or citizens of the other party who have deserted from the naval or military ser vice of thet other party; but (hat, on the contrary, each of the contracting parties shall respectively from ite service any auch deserters, upon being required by the other party £0 te do. And it is forther agreed, that if any of the crew of any merebant vessel of either contracting party shall desert rom soch vessel within any port in the territory of the ot ihe authorities of such port and territory i assistance in their power for the ‘on application to that effect the party concerned, or by t f the consul; and any per a pr tec ting or harboring such deserters shall be lable to phoishment Ait British snbjecte residing in the territorics of the republic of Honduras shail enjoy the most and shure liberty of congeicnee, without being annoyed, mo- sted or disturbed on necount of their religious belief. Ne uher shall they be senoyed, molested or distarbed in the proper exercise of their religion, in private houses, or places of worship pointed for that pur- that in 80 doing they observe the decorum ‘worship. and the respect due to the laws of try. Liberty #hall also be granted to bary Britieh who may die in the territories of the republic of Lcodurae, in convenient and wate , to be ap: and cetablished by themselves for that purpose, with the knowledge of the local authorities, or in such other places of eepulture as may be chosen by the friends of the deceased: nor shall the funerals or sepuichres of the dead be disturbed in any wise of upon any account. I manner. the citizens of Honduras shall enjoy dominions of her Britannic Majesty a perfect ined liberty of conseience, and of exercising religion publicly or privately, within their own Hing houses, or in the chapels or places of worship #) pointed for that purpose, agreeably to the laws of those Comin ions Art. 18. For the better security of commerce betwoen the eubjects and citizens of the two high contracting par- ties, it is agreed that if at any time any raptors, of inter. ruption of friendly intercourse, should unfortunately take » between the two contracting parties, the subjects or citizens of either of them, established in erritories of the other, who may ‘reside upon the coasts, ehall be allowed six months, and those who tay reside in the interior a whole year, to wind up their accounts and to dispose of their property; and a safe condnet shail be given to them to embark at the por: which they themselves shall sefect. The sw if zene of the two contracting partics who may be ed in the dominions or territories of the other, in ercize cf any trade or other ocenpation or emy shall be allowed to remain and continue in the the enid trade or notwithstanding the ruption of friendship he two countries, the cor \ within the ond unrest a rH t free enjoyment of their personal liberty and proper! bly and observe the laws; $ long as they bebave their ze i 3 z H 3 sig i af H Es 3 a ie 2? i ft iit i z 8 of whatever nature or under whatever denomination, | of Honduras, and reciprocally tothe vessels tees gern a8 from the day of the exchacgs of ratifications; and if meither shail notify to the other its imiention of terminating the same twelve months be- fore the expiration of the seven years stipulated above, the said treaty shall continue binding on both parties be yond the said Seven years uctil twelve months from the time that one of the parties may notify to the othor its tu- teution of terminating it, ‘ | Art. 21, The present treaty of friendship, commerce and navigation shall be ratitied, and the ratiications shall be excbanged at London as s00n as possible within twelve months from this date. Tn witness whereof the respective pienipotentiaries havo mene the same, aud haye aflixed thereto their respective seals, Dor at London, the twenty seventh day of August, ta the year of our Lord one thousand eight hundred ana fitty six. CLARENDON, HERRAN, ADDITIONAL ARTICLE. Tnasmuch as a contract was entored into by the govern- ment of Honduras, and a company entitled the Honduras Interoceani¢e Railway Company, for the construction of a railway from the Atlantic to the Pacific oceans, the territories of Honduras, which contract was ratified by | the constitutional powers of the State, and proclaimed as a law on the 26th day of April, 1854; aud inasmuch as by the terms of article 6, section 6, of the said contract, ‘the government of Honduras, with the view to secure the route herein contemplated from all interruption or dia- turbance, from any cause or other, uuder any circumstam ces, engages to open negotiations with the various go- vernments with which it may have relations for their 6e- parate ition of the perpetual neutrality, and for the protection of the aforesaid route; therefore, in order to arry out the oljigation thus incurred: — 1. The government of Honduras agrees that the right of way or transit over such route or road, or any otber that may be constructed through its territorics, from sea to sea, shal! be at ail times open und free to the governazent | and subjects of Great Britain, for ali lawful purposes whatever. No tolls, daties or ‘charges of any kind shall be imposed by the government of Honduras on the transit of property belonging to the government of Great Britain, or on the public mails seut under authority of the same, nor on the subjects of the British crown. All lawful pro” duce, manufacture merchandise or other property, be- | longing to the subjects of Great barca 4-7 1g from one | ocean to the other, in either direction, shall be subject to ‘no import or export duties whatever, nor to any discrimi- nating tolls or charges for conveyance or transit on any such route or road as aforesaid, and shal! be secure and protected from all interruption and detention on the part af the State, The republic of Honduras further agrees that any other privilege or advantage, commercial or other, which is or may be granted to the subjects or citizens of ‘any other country in regard to any such route or road as aforesaid, shal! be also and at the same time exteuded te British subjects, and, finally, as an evidence of its dispo- sition to accord (o the travel aud commerce of the world all the advantages resuiting from its position in regard to the two great oceans, the republic of Honduras, of hoe own good will, engages to establish the ports at Lae extre mities of the contemplated road, as free ports for ali the purposes of commerce and trade. 2. In consideration of these concessions, and in order to secure the construction aud permanence of the route or road berein contemplated, and also to secure for the be- nefit of mankind the uninterrupted advantages of such communication from sea to sea, her Britannic Ma- jesty recognizes the rights of sovereiguty aad property of Houduras in and over the line of the said road, and for the same reason guaran- tees, positively and ellicaciousiy, the entire neutrality of the same, so jong as Great Britain shall enjoy the priyi- leges conceded to it in the preceding section of this article. And when the proposed road shall have been completed, her Britannic Majesty equally engages, ia conjunction with the republic of Honduras, to protect the saine from interruption, seizure, or unjust confiscation, from what- soever quarter the attempt may proceed. Nevertheless, her Britannic Majesty, in according her Protection to the said route or road, and guarantecing ite nevtrality and security when completed, always under- stands it this protection and guarantee irc granted conditionally, and may be withdrawn by er if she should deem that the persons or company undertaking Or managing the same adopt or estabtish such regu- lations concerning the traffic thereupoo as are contcary to the spirit and intention of this article, either by making unfair discriminations in favor of the com- merce of any nation or natious over the commerce of auy otber nation or uations, or by imposing op- pressive exactions or unreasonabie tolls upon passengers, es8el8, gools, Wares, merchandise, or other articles. esaid protection and guarantee shall not, however, be withdrawn by ber Britannic Majesty without first giving six months’ notice to the republic of Honduras, The present additional article shall have the same force and validity as if it were inserted word for word im the treaty of friendship, commerce and navigation signed this day. It shall be ratified, and the ratifications shall be exchanged at the same time; aud its stipulations shall, subject to the condition of notice on the part of her Britannic Majesty provided tor in the preceding paragraph in a article, be permanent between the contracting parties. In witness whereof the respective plenipotentiaries have sigued the same, aud have affixed thereto their respective seals, Done at London, the 27th day of August, in the year of our Lord one thousand eight hundred and Sty six. = EN DON. This treaty, which, if accepted by the United States and Honduras, would clear off one complication, was doomed toa similar fate with its predecessors. It was not ae- cepted by Honduras, that republic declaring that the clause giving special privileges to the British residents ia Honduras was an interference with their internal ailairs. The Honduras treaty was simply an entering wedge for final pegotiations with the United States. The Paimerston Cabinet bad aiready suffered an infraction of its pride im the dismissal of Crampton, and could not direetiy give up the points claimed by the United States, But sf it could be stated first thatone point did not exist aud that the other would not be urged, there would be no dificulty ta making a treaty, simply as a matter of form. So we have, before Honduras had been heard from, a treaty be ween Mr. Pallas and the Earl of Clarendou, as foi- ows: THE DALLAS-CLARENDON TREATY. DRAFT OF TREATY BETWEEN GREAT BRITAIN AND THE UNITED STATES OF AMERICA, AUGUST 25, 1856, Her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, and the United States of Ame: being dectrens to settle in a friendly manuer the questions which have come into discussion between them relative to tf lowing articles — Art. 1. Her Britannic Majesty and Sy br oon States of America agree Rd ay EE republics of Nica- ar _ Art. ‘tory comprised within the follow limits shall be set apart for the Mosquito Indians pad boundary line shall begin at the mouth of the river Rama, in the Carribean Sea: thence it shall run up the mid course of that river to ite source, and from such source Proceed ina line due west to the meridian of 84 deg. 16 min. long. west from Greenwich: thence due north up til it strikes the river Wanx or Se via, and down the said course of that river to its mou ‘jas a Doe: and theuce souther!y arrivean Sea to the mouth of the + Rama, the point of commencement The inland boundary sali be desiguated and marked out by two commis®oners, to be appotuted vue by bor Britannic Majesty, and ous by the Presicent of ce copale lic of Niearag ca. Tf, in making the survey for this purpose, there should be discovered any natural boundary within fifteen Eog lish miles of the above mentioned “meridian line on the western side of such meridian line, and extending the whole distance from the Wank to the paratie! of the river Rama, it shall be the duty of the commiseionors to report the same, and such natural boundary shall be awlopted instead of the astronomical ene. Art. 3. The Mosquito Indians, confining themselves within the territory designated by the preceding articie, shall enjoy the right to make, by their national council or councils, and to carry into effect, all such laws as they may derm necessary for the government and pro- tection of all persons within the same, aod of all pro. perty therein belonging to their peopie, or to such persons as bave connected themeclves with them. (The clause, “or to such persons as have connected themselves with them,” is qualified so as to exclude British influence) Their rights of prope and of local government within the territory det a8 described in the preceeding article, shall be recognized, aflirmed aud guaranteed by the republic of Nicaragua, in treaties to be mate by that State with Crest Britain ~ the United tes respectively: and tl ablic of Nicaragua in each of thore treaties shail sipaiste and engage that it Will enact laws to prevent the purchase of lands from the Mosquito Indians, and the ‘utroduetion and eale of spiritu ‘ous hiquors among the sai! Indians, and that the repallic Will protect them from all \nroads, intrasions or aggres- sions along their western frontier ‘The Mosquite Indians shal! not be able to cede their territory or rights to any other State without the consent of Great Britain and the United States, by each separately expressed: it being, however, understood that nothing shail prechide the concinsion of such voluntary compact ond arrangements between the republic of Nieat and th ‘oTndiane, by which the latter may be ded met § porated and united with the former; but it shall stipuiated in such case that the said Mosquito Indiang shall enjoy-the same rights and be liable te the same duties as the other eitizens of the said republic of "Nicaragua. [Tn the Jast clause, beginning with “but it shall be stipniated,"Wke., the phraseology ts changed eo ne to render it ima; joy the same rights," &e.} Art. 4. The rest of territory, hitherto claimed as Delonging to the Mo 4" Indians, south of the river Wank or Segovia, weet of the line to be drawn sowhward from the said river to the parallel of the river Rama, and south ofthe said parallel and of the river Rama, be recognized and declared to be within the lim#s a sovereignty of the republic of Nicaragua, on the follow; conditions — f 1. The republic of Costa Rica shall retain for its oitize the freedom of navigation up and down the river San Juan, from its mouth to the mouth of the Serapiqui river, with liberty to enter and quit the port of San Juan or pe pent with their vessels, and to store their cargoes in_ port. 2. The republics of Nicaragua and of Costa Rien shal!” allow the territorial disputes between them (if the sam cannot be amicably adjusted between Soret to the U1 settled p Tonge og of Great Britain and du 1 Who, on omy doubtfal point, shal to call for the decision of a third party. All toma fide grants that have been made b/ ernment of ito of Iands heretofore posses: paid Indians, reg beyond the limits of th seribed territory, shail be confirmed. [The fo clause, No. 8, age stricken bs] 4. Tho republic of Nicaragua. shall constitnt: clare the port of Greytown, or San Juan, a free the city Ore city, (though enter the LOriLY OF Lie republe,) Wluse inual Lanes following rights and immunities — A, The right to govern themselves by mea 7