« SebelumnyaLanjutkan »
United States of North America and of the Republic of Honduras, bave hereunto set our hands and seals.
Dated in the city of Leon de Nicaragua, this, the twenty-eighth day of September, in the year of Our Lord one thousand eight 'hundred and forty-nine, and of the independence of the United States the seventy-fourth. (Signed)
E. Geo. Squier.
Convention, dite Clayton-Bulwer, entre la Grande Bretagne et les Etats-Unis relative à l'établissement d'une communication, par un canal navigable, entre l'Océan Atlantique et l'Océan Pacifique. Signée
à Washington, le 19 avril 1850 *). Her Britannic Majesty and the United States of America being desirous of consolidating the relations of amity which so happily subsist between them, by setting forth and fixing in
a Convention their views and intentions with reference to any means of communication by ShipCanal which may be constructed between the Atlantic and Pacific Oceans, by the way of the River St. Juan de Nicaragua, and either or both of the Lakes of Nicaragua or Managua, to any port or place on the Pacific Ocecan:
Her Britannic Majesty has conferred Full-powers on the Right Honourable Sir Henry Lytton Bulwer, a Member of Her Majesty's Most Honourable Privy Council, Knight Commander of the Most Honourable Order of the Bath, and Envoy Extraordinary and Minister Plenipotentiary of Her Britannic Majesty to the United States; and the President of the United States, on John M. Clayton, Secretary of State of the United States, for the aforesaid purpose; and the said Plenipotentiaries having exchanged iheir Full-powers, which were found to be in proper form, have agreed to the following Articles:
*) Les ratifications ont été échangées à Washington, le 4 juillet
Art. 1. The Governments of Great Britain and the United Stales hereby declare, that neither the one nor the olher will ever obtain or maintain for itself
exclusive control over the said ship-canal; agreeing that neither will ever erect or maintain any fortifications commanding the same, or in the vicinity thereof, or occupy, or fortify, or colonize, or assume or exercise any dominion over Nicaragua, Costa-Rica, the Mosquito Coast, or any part of Central America; nor will either make use of any protection which either affords, or may afford, or any alliance which either bas, or may have, to or with any State or people, for the purpose of erecting or maintaining any such fortifications, or of occupying, fortifying, or colonizing Nicaragua, Costa-Rica, the Mosquito Coast, or any part of Central Anierica, or of assuming or exercising dominion over the same. Nor will Great Britain or the United States take advantage of any intimacy, or use any alliance, connexion, or intluence that either may possess with any State or Government through whose territory the said canal may pass, for the purpose of acquiring or holding, directly or indirectly, for the subjects or citizens of the one, any rights or advantages in regard to commerce or navigation through the said canal, which shall not be offered, on the same térms, to the subjects or citizens of the other.
11. Vessels of Great Britain or the United States traversing the said canal shall, in case of war between the Contracting Parties, be exempted from blockade, detention, or caplure by either of the belligerents; and this provision shall extend to such a distance from the two ends of the said canal as may hereafter be found expedient to establish.
In order to secure the construction of the said canal, the Contracting Parties engage that, if any such canal shall be undertaken upon fair and equitable terms by any parties having the authority of the Local Government or Governments through whose territory the same may pass, then the persons employed in making the said canal, and their property used or to be used for that object, shall be protected, from the commencement of the said canal to its completion, by the Governments of Great Britain and the United States, from unjust detention, confiscation, seizure, or any violence whatsoever.
IV. The Contracting Parties will use whatever in
fluence they respectively exercise with any Stale, States, or Governments possessing, or claiming to possess, any jurisdiction or right over the territory which the said canal shall traverse, or which shall be near the waters applicablo thereto, in order to induce such Stales or Governments to facilitate the construction of the said canal by every means in their power; and furthermore, Great Britain and the United States agree to use their good offices, wherever or however it may be most ex. pedient, in order to procure the establishment of 'wo free ports, one at each end of the said canal.
V. The Contracting Parties further engage that, when the said canal shall have been completed, they will protect it from interruption, seizure, or unjust confiscation, and that they will guarantee the neatrality thereof, so that the said canal may for ever be open and free, and the capital invested herein secure. Nevertheless, the Governments of Great Britain and the United States, in according their protection to the construction of the said canal, and guaranteeing ils neutrality and security when completed, always understand that this protection and guarantee are granted conditionally, and may be withdrawn by both Governments, or either Government, if both Governments or either Covernment should deem, that the persons or company undertaking or managing the same adopt or establish such regulations concerning the traffic thereupon as are contrary to the spirit and intention of this Convention ; either by making unfair discriminations in favour of the commerce of
one of the Contracting Parties over the commerce of the other, or by imposing oppressive exactions, or unreasonable tolls upon passengers, vessels, goods, wares, merchandize, or oiher articles. Neither party, however, shall withdraw the aforesaid protection and guarantee, without first giving six months' notice to the other.
VI. The Contracting Parties in this Convention engage to invite every State with which both or either have friendly intercourse, to enter into stipulations with them similar to those which they have entered into with each other, to the end that all other States may share in the honour and advantage of having contributed to a work of such general interest and importance as the canal herein cenlemplated; and the Contracting Parties likewise agree that each shall enter into Treaty stipulations with such of the Central American States as they may deem advisable, for the purpose of more effectually carrying out the great design of this Convention; namely, that of constructing and maintaining the said canal'as a ship-communication between the two Oceans, for the benefit of mankind, on equal terms to all, and of protecting the same; and they also agree that the good offices of either shall be employed, when requested by the other, in aiding and assisting the negotiation of such Treaty stipulations; and should any differences arise as to right or property over the territory through which the said canal shall pass, between the States or Governments of Central America, and such differences should in any way impede or obstruct the execution of the said canal, the Governments of Great Britain and the United States will use their good offices, to settle such differences in the manner best suited to promote the interests of the said canal, and to strengthen the bonds of friendship and alliance existing between the Contracting Parties.
VII. It being desirable that no time should be unnecessarily lost in commencing and constructing the said canal, the Governments of Great Britain and the United States determine to give their support and encouragement to such persons or company as may first offer to commence the same, with the necessary capital, the consent of the local authorities, and on such principles as accord with the spirit and intention of this Convention; and if any persons or company should already have, with
any Štaie through which the proposed ship-canal may pass, a contract for the construction of such a canal" as that specified in this Convention, to the stipulations of which contract neither of the Contracting Parties in this Convention have any just cause to object, and the said persons or company shall, moreover, have made preparations and expended time, money,
and trouble on the faith of such contract, it is hereby agreed, that such persons or company shall have a priority of claim over every other person, persons, or company, to the protection of the Governments of Great Britain and the United States, and be allowed a year, from the date of the exchange of the ratifications of this Convention, for concluding their arrangements, and presenting evidence of sufficient capital subscribed to accomplish the contemplated undertaking; it being understood that if, at the expiration of the aforesaid period, such persons or company be not able to commence and carry out the proposed enterprise, then the Governments of Great Britain and the United States shall be free to afford their protection to any other persons or company, that shall be prepared to commence and proceed with the construction of the canal in question.
VIII. The Governments of Great Britain and the United States having not only desired, in entering into this Convention, to accomplish a particular object, but also to establish a general principle;, they hereby agree to extend their protection by Treoly stipulations to any other practicable" communications, whether by canal or railway, across the isthmus which connects North and South America; and especially to the interoceanic communications, should the same prove to be practicable, whether by canal or railway, which are now proposed to be established by the way of Tehuantepec or Panama. In granting, however, their joint protection to any such canals or railways as are by this Article specified, it is always understood by Great Britain and the United States, that the parties constructing or owning the same shall impose no other charges or conditions of traffic thereupon than the aforesaid Governments shall approve of as just and equitable; and that the same canals or railways, being open to the subjects and citizens of Great Britain and the United States on equal terms, shall also be
open on like terms to the subjects and citizens of every other State, which is willing to grant thereto such protection as Great Britain and the United States engage to afford.
IX. The ratifications of this Convention shall be exchanged at Washington within six months from this day, or sooner if possible.
In faith whereof we, the respective Plenipotentiaries, have signed this Convention, and have hereunto affixed our seals.
Dune at Washington, the nineteenth day of April, Anno Domini one thousand eight hundred and fifty. (Signed) Henry Lytton Bulwer.
John M. Clayton.