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 deten-. tion, confiscation, seizure, or any violence whatsoever. Article IV. The Contracting Parties will use whatever influence they respectively exercise with any State, 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 applicable thereto, in order to induce such States 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 expedient, in order to procure the establishment of two free ports, one at each end of the said canal. Article 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 neutrality thereof, so that the said canal may for ever be open and free, and the capital invested therein secure. Nevertheless, the Governments of Great Britain and the United States, in according their protection to the construction of the said canal, and guaranteeing its 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and security when completed, always understand that this protection and guarantee are granted conditionally, and may be withdrawn by both Governments or either Government, if both Governments or either Government should deem that the persons or company undertaking or managing the same,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, merchandise, or other articles. Neither party, however, shall withdraw the aforesaid protection and guarantee without first giving six months' notice to the other. Article 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 contemplated; 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 which exist between the Contracting Parties. Article 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 State 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. Article 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 treaty 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 Panamá. 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. Article IX. The ratifications of this Convention shall be exchanged at Washington within six months from this day, or sooner if possible. RETURN to an Address of the Honourable The House of Commons, COPY OF TREATIES OF GUARANTEE Presented to the Upper House of Parliament during the present Session. NICARAGUA. Treaty of Friendship, Commerce, and Navigation, between Her Majesty_and the Republic of Nicaragua, signed at Managua, 11 February 1860. [Ratifications exchanged at London, 2 August 1860.] Su Magestad la Reina del Reino Unido de la Gran Bretaña é Irlanda, y la República de Nicaragua, deseosas de mantener y mejorar las relaciones de buena inteligencia que felizmente existen entre ellas, y de promover el comercio entre sus respectivos subditos y ciudadanos, han juzgado 'conveniente concluir un Tratado de Amistad, Comercio, y Navegacion, y con ese objeto nombrado como sus Plenipotenciarios, á saber: Su Magestad la Reina del Reino Unido de la Gran Bretaña é Irlanda, al Caballero Charles Lennox Wyke, Socio distinguido de la muy Honorable Orden del Baño, Enviado Extraordinario y Ministro Plenipotenciario de Su Magestad Británica, en Mision Especial á las Repúlicas de Centro-America; Y su Excelencia el Presidente de la República de Nicaragua, al Señor Licenciado Don Pedro Zeledon, Ministro de Relaciones Exteriores ; Quienes, despues de haberse comunicado sus respectivos plenos poderes, y de encontrarlos en buena y debida forma, estipularon y concluyeron los Articulos siguientes: Articulo I. Su Majestad la Reina del Reino Unido de la Gran Bretaña é Irlanda reconoce la soberania é independencia de la República de Nicaragua. En consequencia habrá paz perfecta, firme, é inviolable, y sincera amistad entre Su Magestad Británica y la República de Nicaragua, en toda la extension de sus posesiones y territorios, y entre sus súbditos y ciudadanos respectivamente, sin distincion de personas ni de lugares. Articulo II. Las dos Altas Partes Contratantes, deseosas de establecer el comercio y la navegacion de sus respectivos paises sobre bases liberales de perfecta igualdad y reciprocidad, mutualmente convienen en que los ciudadanos de cada una puedan frecuentar y habitar todas las costas y paises de la otra, en que puedan comprar y tener toda clase de propiedad que las leyes del pais permitan tener á los estrangeros de cualquier nacionalidad, y ocuparse en toda clase de comercio, 275-I. manufactura, A |