real estate or other property, except such duties and taxes as may be imposed by their own municipality and may be collected for the city treasury, to be used and supplied for the benefit of the said city. E. Exemption from military service, except for the defence of the city and within the bounds of the same. ARTICLE V. The republic of Nicaragua shall enter into positive treaty stipulations with each of the two governments of Great Britain and of the United States of America, that it will make the grant of freedom to the city of Greytown, or San Juan, subject to the condition that the municipality of the said city shall, as soon as organized, pass laws and ordinances levying, by tax or duty on imports, some reasonable sum, to be paid half-yearly to the Mosquito Indians by way of annuity for a limited period, as an indemnity and compensation for their interest in the territory recognized and declared by the first clause of article four to be within the limits and sovereignty of the republic of Nicaragua. ARTICLE VI. Her Britannic Majesty and the republic of Nicaragua shall, within months after the exchange of the ratifications of the treaty to be concluded between them, in virtue of the present arrangements, appoint each a commissioner for the purpose of designating and working out the inland boundary separating the territory to be set apart for the Mosquito Indians, as described in article two of the present treaty, from the rest of the territory of the republic. They shall also appoint, within the same period, each a commissioner for the purpose of deciding upon the bona fides of all grants of land mentioned in section three of article four of the treaty, as having been made by the government of Mosquitia, of lands heretofore possessed by the Mosquito Indians, and lying beyond the limits of the territory described in article two. They shall further appoint, within the same period, each a commissioner for the purpose of determining the amount, the period of duration, and the time, place, and mode of payment of the annuity to be paid to the Mosquito Indians, according to the stipulations of article five of the present treaty. Her Britannic Majesty and the republic of Nicaragua shall be at liberty either to name the same person to fulfil the duties of commissioner for all three, or for any two of the purposes above described, or to name a separate and distinct person to be commissioner for each purpose, as they may see fit. ARTICLE VII. The commissioners mentioned in the preceding article, shall meet at such place or places as shall be hereafter fixed, at the earliest convenient period after they shall have been respectively named; and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of 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 proceedings. The commissioners shall then, and before proceeding to any other business, name some third person to act as arbitrator or umpire, in any case or cases in which they may themselves differ in opinion. Each pair of commissioners shall separately name the person so to act as their arbitrator or umpire. The person or persons so to be chosen shall, before proceeding to act, make and subscribe a solemn declaration, in a form similar to that which shall already have been made and subscribed by the commissioners, which declaration shall also be entered on the record of the proceedings. In the event of the death, absence, or incapacity of such person or persons, or of his or their omitting, or declining, or ceasing to act as such arbitrator or umpire, another person or other persons shall be named as aforesaid, to act in his or their place or stead, and shall make and subscribe such declaration as aforesaid. Her Britannic Majesty and the republic of Nicaragua shall engage to consider the decision of the two commissioners conjointly, or of the arbitrator or umpire, as the case may be, as final and conclusive on the matters to be respectively referred to their decision, and forthwith to give full effect to the same. ARTICLE VIII. The commissioners and the arbitrators or umpires shall keep accurate records and correct minutes or notes of all their proceedings, with the dates thereof, and shall appoint and employ such clerk or clerks or other persons as they shall find necessary to 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 contingent expenses of the commissions, including the salary of the arbitrators or umpires, and of the clerk or clerks, shall be defrayed in equal moieties by the two governments. ARTICLE IX. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the United States of America bind themselves, in case the republics of Nicaragua and of Costa Rica, or either of them, should refuse to accept the arrangements contained in the preceding articles, not to propose nor consent to any other arrangements more favorable to the refusing party or parties. ARTICLE X. The present treaty shall be ratified by her Brittannic Majesty, and by the President of the United States of America, by and with the advice and consent of the Senate thereof, and the ratifications shall be exchanged at as soon as possible within the space of months. In witness whereof, &c. SEPARATE ARTICLES. ARTICLE I. Whereas the arrangements set forth in the treaty of this date are provided as an adequate substitute for the protection heretofore extended by Great Britian to the Mosquito Indians; and whereas one or the other, or both of the contracting parties may find in the con dition of their political relations with the republic of Nicaragua obstacles to prevent an immediate execution of the said arrangements: Now, therefore, it is agreed and understood as follows: 1. That any delay in carrying out the said arrangements, arising from the circumstances or relations of the republic of Nicaragua, shall in no respect impair the validity or force of the treaty, as between the contracting parties; but the same shall remain obligatory upon and to be executed by them as early as may be practicable. 2. That whichever of the two contracting parties may soonest find itself in such political relations with the republic of Nicaragua as enable it so to do, shall first propose singly to that republic the arrangements contained in this treaty, and shall obtain, by means of a separate treaty, its assent to those arrangements; the other contracting party engaging, and reserving to itself the right also to conclude with the said republic, at the earliest fitting moment, a treaty containing the said arrangements. ARTICLE II. And whereas the relations of amity between the contracting parties, and the neutrality of any and every communication by canal or railway across the isthmus which connects North and South America, and to which communication by canal or railway their protection has been, or shall be extended, may be further assured by some definite arrangement on two other questions which have come into discussion: Now, it is mutually agreed and understood 1st. That her Britannic Majesty's settlement called the Belize, or British Honduras, on the shores of the Bay of Honduras, bounded on the north by the Mexican province of Yucatan, and on the south by the river Sarstoon, was not, and is not embraced in the treaty entered into by the contracting parties on the 19th day of April, 1850; and that the limits of the said Belize on the west, as they existed on the said 19th of April, 1850, shall be settled and fixed by treaty between her Britannic Majesty and the republic of Guatemala, within year from the exchange of the ratifications of this instrument; which said boundaries and limits shall not at any time hereafter be extended, day of 2. That the islands and their inhabitants, of Ruatan, Bonacea, Utila, Barbaretta, Helena and Morat, situate in the Bay of Honduras, and known as the Bay Islands, having been by a convention bearing date the 1856, between her Britannic Majesty and the republic of Honduras, constituted and declared a free territory under the sovereignty of the said republic of Honduras, the two contracting parties do hereby mutually engage to recognize and respect in all future time the independence and rights of the said free territory, as a part of the republic of Honduras. ARTICLE III. The present separate articles shall have the same force and validity as if they had been inserted, word for word, in the treaty between her Britannic Majesty and the United States of America, signed this day. They shall be ratified by her Britannic Majesty and by the President of the United States, by and with the advice and consent of the Senate thereof, and the ratifications shall be exchanged at the same time as those of the treaty. In witness whereof, the respective plenipotentiaries have signed the present separate articles, and have affixed thereto the seal of their arms. Done, &c. [No. 29.] Mr. Dallas to Mr. Marcy. [Extract.] LEGATION OF THE UNITED STATES, SIR: Your Nos. 30 and 31 reached here, by the steamer Atlantic, late in the afternoon of yesterday. The first is accompanied by the commission of Mr. George R. West, as consul of the United States at the Bay of Islands; and the second confined to the subject of the project prepared, agreeably to the directions of our respective governments, by the Earl of Clarendon and myself, the duplicate copy of which was transmitted in my No. 26, of the 29th of August last, is accompanied by the President's commission or full power to negotiate and sign a treaty concerning Central America, and by a "confidential" letter from the department. Both these communications will receive my earliest attention; and the importance of perfecting the Central American treaty, as speedily as may be compatible with the magnitude and delicacy of its arrangements, will not be lost sight of. Be good enough to convey to the President, and to receive for yourself, my sincere thanks for the appreciation expressed of the "judgment and skill" with which the negotiation has thus far been conducted. I shall feel better entitled to this favorable opinion when the improvements suggested in your letter have been successfully urged upon the adoption of Lord Clarendon Mr. Dallas to Mr. Marcy. [No. 30.] LEGATION OF THE UNITED STATES. SIR: I have the honor to transmit a treaty between the United States and Great Britain, embracing an adjustment of all their differences heretofore existing connected with Central America, executed this day by me, under the full power dated the 25th of September, 1856, and received on the 9th instant. The project or draught of this treaty, as discussed and finally agreed to be recommended to our respective governments by her Majesty's principal secretary of state and myself, was forwarded for the consideration of the President, in my No. 26, of the 29th of August last. The modifications of that project, indicated as desirable in your No. 31, it has been my good fortune to obtain in the course of a single week, with but one unimportant exception. A few changes in phraseology, and in merely accessorial provisions were necessary, and have been made to secure adaptation and congruity as between the improvements and the original draught. A full and frank interchange of views between Lord Clarendon and myself on the omitted suggestion, led to the belief that it was of a nature liable to misapplication and abuse. S. Doc. 161—————5 66 TREATY BETWEEN UNITED STATES AND GREAT BRITAIN. You will, I am sure, excuse me for now expressing a strong hope that I may be permitted to hear with little delay the President's judgment upon the entire instrument. The formalities at the foreign office in perfecting the duplicate copies consumed so much time that I have none to spare for comment. Should it seem to me at all important or useful that any part of the treaty receive explanation as to its motive or tendency, a future opportunity will be taken for that purpose. I have the honor to be, most respectfully, sir, your obedient servant, G. M. DALLAS. Hon. WM. L. MARCY, Secretary of State. |