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1. They shall govern themselves by means of their own municipal Government, to be administered by officers, legislative, executive and judicial, chosen and elected by themselves, according to their own regulations.

2. They shall have the right of trial by jury, in their own city courts.

3. They shall have the most perfect freedom of religious belief and of religious worship, public and private.

4. They shall not be required to pay any tax upon their real estate or other property, except such as may be imposed by the municipality and collected for the city treasury, and to be used and applied for the benefit of the said cities.

5. They shall not be required to perform any military services except for the defence of the said cities in which they may reside.

6. The said cities will of course be under the qualified dominion and government of the State of Nicaragua; not to be exercised in any manner, however, in violation of their rights and immunities as herein specified; and said free cities shall be under the protection. of the Governments of both the Contracting Parties.

XII. In consideration of the premises as set forth in the foregoing eleven Articles, the United States of America doth solemnly agree and undertake to protect and defend the State of Nicaragua in the possession and exercise of the sovereignty and dominion of all the country, coasts, ports, lakes, rivers and territories that may be rightfully under the jurisdiction and within the just and true limits and boundaries of the said State; and when the circumstances and condition of the country may require it, the United States shall employ their naval and military force to preserve the peace and maintain the neutrality of the said coasts, ports, lakes, rivers, and territories, and to hold and keep the same under the dominion and sovereignty of the Government of the State of Nicaragua, or of the Government of such State or political community of which Nicaragua may voluntary become a member, or with which, of her own accord, she may hereafter be identified: Provided, however, that the said sovereignty and dominion of the State of Nicaragua so guaranteed as above shall not be held, maintained, or exercised by said State in any such manner as to conflict or to be inconsistent with

the rights and privileges herein secured to the United States and her citizens. And to prevent all misunderstanding, it is expressly stipulated that the United States are not bound nor do they undertake to aid, assist, or support Nicaragua in offensive wars, or wars of aggression waged and carried on by said State with foreign Powers, or with the neighbouring States outside of her just limits and beyond the territories rightfully within her jurisdiction; but the Contracting Parties agree and undertake that, if necessary, the naval and military forces, and the entire means and resources of both the Contracting Parties, shall be employed to put down all wars and bloodshed arising therefrom, and to suppress all violations of the peace, and interruptions of the neutrality of the said State of Nicaragua; and for further explanation, it is understood that if the State of Nicaragua should become involved in a war with any foreign Power or neighbouring State within her own borders, to defend the territories rightfully belonging to her, or to recover such territories wrongfully wrested from her, the United States engage to aid and defend Nicaragua in carrying on such war within her rightfull limits; provided, however, that such war is just, and provided, moreover, that if that if peace is prevailing in the State of Nicaragua, no wars or hostilities shall be first commenced in said State by either of the Contracting Parties without previous friendly consultations, and unless with the consent of both their Governments, given according to their laws and constitutions respectively.

9.

Article 35 du traité non-ratifié, conclu entre les Etats-Unis et État de Nicaragua à Léon, le 3 septembre 1849.

It is and has been stipulated by and between the High Contracting Parties:

1. That the citizens, vessels, and merchandise of the United States shall enjoy in all the ports and harbours of Nicaragua, upon both oceans a total exemption from

all port-charges, tonnage or anchorage duties, or any other similar charges now existing, or which may hereafter be established, in manner the same as if said ports had been declared free ports. And it is further stipulated, that the right of way or transit across the territories of Nicaragua, by any route or upon any mode of communication at present existing, or which may hereafter be constructed, shall at all times be open and free to the Government and citizens of the United States for all lawful purposes whatever; and no tolls, duties, or charges of any kind shall be imposed upon the transit, in whole or part, by such modes of communication, of vessels of war or other property belonging to the Government of the United States, or on public mails sent under the authority of the same, or upon persons in its employ, nor upon citizens of the United States, nor upon vessels belonging to them. And it is also stipulated, that all lawfull produce, manufactures, merchandise, or other property belonging to citizens of the United States passing from one ocean to the other, in either direction, for the purpose of exportation to foreign countries, shall not be subject to any import or export duties whatever: or if any citizens of the United States, having introduced such produce, manufactures, or merchandise, into the State of Nicaragua, for sale or exchange, shall, within three years thereafter, determine to export the same, they shall be entitled to drawback equal to fourfifths of the amount of duties paid upon their impor

tation.

2. And inasmuch as a contract was entered into on the 27th day of August, 1849, between the Republic of Nicaragua and a company of citizens of the United States, styled the,,American Atlantic and Pacific Ship-Canal Company," and in order to secure the construction and permanence of the great work thereby contemplated both High Contracting Parties do severally and jointly agree to protect and defend the above-named company in the full and perfect enjoyment of said work, from its inception to its completion, and after its completion, from any acts of invasion, forfeiture, or violence, from whatsoever quarter the same may proceed; and to give full effects to the stipulations here made, and to secure, for the benefit of mankind, the uninterrupted advantages of such communication from sea to sea, the United States distinctly re

cognises the rights of sovereignty and property which the State of Nicaragua possesses in and over the line of said canal, and for the same reason guarantees positively and efficaciously the entire neutrality of the same, so long as it shall remain under the control of citizens of the United States, and so long as the United States shall enjoy the privileges secured to them in the preceding section of this Article.

3. But if, by any contingency, the above-named ,,American Atlantic and Pacific Ship-Canal Company" shall fail to comply with the terms of their contract with the State of Nicaragua, all the rights and privileges which said contract confers shall accrue to any company of the United States which shall, within one year after the official declaration of failure, undertake to comply with its provisions, so far as the same may at that time he applicable, provided the Company thus assuming said contract shall first present to the President and Secretary of State of the United States satisfactory assurances of their intention and ability to comply with the same; of which satisfactory assurances the signature of the Secretary of State and the seal of the Department shall be complete evidence.

4. And it is also agreed, on the part of the Republic of Nicaragua, that none of the rights, privileges, and immunities guaranteed, and by the preceding Articles, but especially by section 1 of this Article, conceded to the United States and its citizens, shall accrue to any other nation or to its citizens, except such nation shall first enter into the same Treaty stipulations for the defence and protection of the proposed great Inter-oceanic Canal which have been entered into by the United States, in terms the same with those embraced in section 2 of this Article.

10.

Protocole signé, entre les Plénipotentiaires des Etats-Unis et de Honduras, à Léon le 28 septembre 1849 au sujet de la cession de l'ile de Tigre.

The United States of Nord America, and the Republic of Honduras, desiring to secure, for the benefit each of other and the general good of mankind, the full and perfect enjoyment of the proposed grand Interoceanic Canal through the Isthmus of Nicaragua, and anxious to remove any cause of apprehension that the Island of the Tigre, in the Gulf of Fonseca, and commanding the same, may fall into the possession of foreign and unfriendly Powers, whereby the free transit of the commerce of the world may be obstructed, and the usefulness of the contemplated great work impaired: for the accomplishment of these, and other important objects, we, the Plenipotentiaries of the United States and of the Republic of Honduras, have agreed and do agree to the following Articles:

Art. 1. The Republic of Honduras cedes to the United States of North America the Island of Tigre, in the Gulf of Fonseca, for the time pending the ratification or rejec tion of the General Treaty between the two Republics, this day signed by the Undersigned Plenipotentiaries of the same, provided such time shall not exceed eighteen months.

II. A decree to this effect shall be immediately issued and published, in due form, by the actual Government of Honduras, under the authority of which the principal diplomatic officer of the United States in Central America, or his representative, shall, in the name of his Government, take possession of the said island, and adopt such measures as he may deem proper to secure the objects set forth in the foregoing preamble.

III. Nothing in these Articles shall be understood to alter or impair the laws and regulations at present existing in said Island of Tigre.

In witness whereof, we, the Plenipotentiaries of the

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