Sivut kuvina
PDF
ePub

Contracting Parties, it is agreed that if at any time any rupture, or any interruption of friendly intercourse, should unfortunately take place between the two Contracting Parties, the subjects or citizens of either of them, established in the territories of the other, who may reside upon the coasts, shall be allowed six months, and those who may reside in the interior a whole year, to wind up their accounts and to dispose of their property; and a safe-conduct shall be given to them to embark at the port which they themselves shall select. The subjects or citizens of either of the two Contracting Parties who may be established in the dominions or territories of the other, in the exercise of any trade or other occupation or employ ment, shall be allowed to remain and continue in the exercise of the said trade or occupation, notwithstanding the interruption of friendship between the two countries, in the free enjoyment of their personal liberty and property, so long as they behave peaceably and observe the laws; and their goods and effects, of whatever description they may be, whether in their own custody or entrusted to individuals or to the State, shall not be liable to seizure or sequestration, or to any other charges or demands than those which may be made upon the like effects or property belonging to native subjects or citizens. In the same case, debts between individuals, public funds, and the shares of Companies, shall never be confiscated, sequestered, or detained.

XIX. It shall be free for each of the two Contracting Parties to appoint Consuls for the pro

tection of trade, to reside in the dominions and territories of the other Party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the Contracting Parties may except from the residence of Consuls such particular places as either of them may judge fit to be excepted.

The Diplomatic Agents and Consuls of each of the two High Contracting Parties in the dominions or territories of the other, shall enjoy whatever privileges, exemptions, and immunities are or shall be granted there to Agents of the same rank belonging to the most favoured nation.

XX. The Republic of Nicaragua hereby grants to Great Britain, and to British subjects and property, the right of transit between the Atlantic and Pacific Oceans, through the territories of that Republic, on any route of communication, natural or artificial, whether by land or water, which may now or hereafter exist or be constructed under the authority of Nicaragua, to be used and enjoyed in the same manner and upon equal terms by both parties, and their respective subjects and citizens; the Republic of Nicaragua, however, reserving its full and complete right of sovereignty over the same: and, generally, the Republic of Nicaragua engages to grant to Great Britain and to British subjects the same rights and privileges, in all respects, in regard to the transit and the rates of transit, and also as regards all other rights, privileges, or advantages whatsoever, whether relating to the passage and employment of

troops, or otherwise, which are now or may hereafter be granted to, or allowed to be enjoyed by, the most favoured nation.

XXI. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland hereby agrees to extend her protection to all such routes of communication as aforesaid, and to guarantee the neutrality and innocent use of the same.

Her Britannic Ma

jesty also agrees to employ her influence with other nations to induce them to guarantee such neutrality and protection.

And the Republic of Nicaragua, on its part, undertakes to establish two free ports, one at each of the extremities of the communication aforesaid, on the Atlantic and Pacific Oceans. At these ports, no tonnage or other duties shall be imposed or levied by the Government of Nicaragua on the vessels of Great Britain, or on any effects or merchandize belonging to subjects of Great Britain, or of any other country, intended bona fide for transit across the said route of communication, and not for consumption within the Republic of Nicaragua. Her Britannic Majesty shall also be at liberty, on giving notice to the Government or authorities of Nicaragua, to carry troops, provided they are destined for a British Possession, or places beyond sea, and are not intended to be employed against Central American nations friendly to Nicaragua, and munitions of war, and also to convey criminals, prisoners, and convicts, with their escorts, in her own vessels or otherwise, to either of the said free ports, and shall be entitled to their conveyance between them, without obstruction by the

authorities of Nicaragua, and without any charges or tolls whatever for their transportation, on any of the said routes of communication. And no higher or other charges or tolls shall be imposed on the conveyance or transit of the persons and property of subjects of Great Britain, or of the subjects and citizens of any other country, across the said routes of communication, than are or may be imposed on the persons or property of citizens of Nicaragua.

And the Republic of Nicaragua concedes the right of the Postmaster-General of Great Britain to enter into contracts with any individuals or Companies to transport the mails of Great Britain along the said routes of communication, or along any other routes across the Isthmus, in closed bags, the contents of which may not be intended for distribution within the said Republic, free from the imposition of all taxes or duties by the Government of Nicaragua; but this liberty is not to be construed so as to permit such individuals or Companies, by virtue of this right to transport the mails, to carry also passengers or freight, except any messenger deputed by the British Post-office in charge of mails.

XXII. The Republic of Nicaragua agrees that, should it become necessary at any time to employ military forces for the security and protection of persons and property passing over any of the routes aforesaid, it will employ the requisite force for that purpose; but upon failure to do this for any cause whatever, Her Britannic Majesty may, with the consent or at the request of the

Government of Nicaragua, or of the Minister thereof at London or Paris, or of the competent legally-appointed local authorities, civil or military, employ such force for this and for no other purpose; and when, in the opinion of the Nicaraguan Government, the necessity ceases, such force shall be immediately withdrawn.

In the exceptional case, however, of unforeseen or imminent danger to the lives or properties of British subjects, Her Majesty's forces are authorized to act for their protection without such previous consent having been obtained.

XXIII. It is understood, however, that Her Britannic Majesty, in according protection to such routes of communication, and guaranteeing their neutrality and security, always intends that the protection and guarantee are granted conditionally, and may be withdrawn if Her Britannic Majesty 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 Treaty, either by making unfair discriminations in favour of the commerce of any other nation or nations, or by imposing oppressive exactions or unreasonable tolls upon mails, passengers, vessels, goods, wares, merchandize, or other articles. The aforesaid protection and guarantee shall not, however, be withdrawn by Her Britannic Majesty without first giving six months' notice to the Republic of Nicaragua.

XXIV. And it is further understood and agreed that, in any

grant or contract which may hereafter be made or entered into by the Government of Nicaragua, having reference to the interoceanic routes above referred to, or any of them, the rights and privileges granted by this Convention to Her Britannic Majesty and to British subjects shall be fully protected and reserved; and if any such grant or contract now exist of a valid character, it is further understood that the guarantee and protection of Her Britannic Majesty stipulated in Article XXI. of this Treaty shall be held inoperative and void, until the holders of such grant or contract shall recognize the concessions made in this Treaty to Her Britannic Majesty and to British subjects with respect to such inter-oceanic routes, or any of them, and shall agree to observe, and be governed by, those concessions as fully as if they had been embraced in their original grant or contract; after which recognition and agreement, the said guarantee and protection shall be in full force provided that nothing herein contained shall be construed either to affirm or deny the validity of any of the said contracts.

XXV. After ten years from the completion of a canal, railroad, or any other route of communication, through the territory of Nicaragua, from the Atlantic to the Pacific Ocean, no Company which may have constructed or be in possession of the same shall ever divide, directly, or indirectly, by the issue of new stock, the payment of dividends, or otherwise, more than fifteen per cent. per annum, or at that rate, to its stockholders, from tolls collected thereupon; but

whenever the tolls shall be found to yield a larger profit than this, they shall be reduced to the standard of fifteen per cent. per

annum.

XXVI. It is understood that nothing contained in this Treaty shall be construed to affect the claim of the Government and citizens of the Republic of Costa Rica to a free passage, by the San Juan river, for their persons and property, to and from the ocean.

XXVII. The present Treaty shall remain in force for the term of twenty years from the day of the exchange of ratifications; and if neither Party shall notify to the other its intention of terminating the same, twelve months before the expiration of the twenty years stipulated above, the said Treaty shall continue

binding on both parties beyond the said twenty years, until twelve months from the time that one of the Parties may notify to the other its intention of terminating it.

XXVIII. The present Treaty of Friendship, Commerce, and Navigation shall be ratified, and the ratifications shall be exchanged at London as soon as possible within six months from this date.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals.

Done at Managua, this eleventh day of February, in the year of our Lord one thousand eight hundred and sixty.

(L.S.) CHAS. Lennox Wyke. (L.S.) PEDRO Zeledon.

II. FOREIGN.

TREATY OF ANNEXATION OF SAVOY AND NICE
TO FRANCE.

(Translation.)

and have named as their Pleni

In the Name of the Most Holy potentiaries: and Indivisible Trinity.

Paris, March 29, 1860.

His Majesty the Emperor of the French, having explained the considerations which, in consequence of the changes which have arisen in the territorial relations between France and Sardinia, caused him to desire the annexation of Savoy and of the arrondissement of Nice (“circondario di Nizza) to France, and His Majesty the King of Sardinia having shown himself disposed to acquiesce in it, their said Majesties have decided to conclude a Treaty to this effect,

His Majesty the Emperor of the French, Baron de Talleyrand Perigord, &c., and M. Vincent Benedetti, &c.;

And His Majesty the King of Sardinia, His Excellency Count Camile Benson de Cavour, &c., and his Excellency the Chevalier Charles Louis Farini, &c. ;

Who, after having exchanged their full powers, found to be in good and due form, agreed on the following Articles :

I. His Majesty the King of Sardinia consents to the annexation of Savoy, and of the arrondissement of Nice (“circondario

di Nizza") to France, and renounces, for himself and all his descendants and successors, in favour of His Majesty the Emperor of the French, his rights and titles over the said territories. It is understood between their Majesties that this annexation shall be effected without any constraint of the wishes of the populations, and that the Governments of the Emperor of the French and the King of Sardinia will concert together as soon as possible upon the best means of appreciating and verifying the manifestations of those wishes.

II. It is equally understood that His Majesty the King of Sardinia cannot transfer the neutralized parts of Savoy, except on the conditions upon which he himself possesses them, and that it will appertain to His Majesty the Emperor of the French to come to an understanding on this subject, both with the Powers represented at the Congress of Vienna, and with the Swiss Confederation, and to give them the guarantees required by the stipulations referred to in this Article.

III. A Mixed Commission shall determine, in a spirit of equity, the frontiers of the two States, taking into account the configuration of the mountains and the requirements of defence.

IV. One or more Mixed Commissions shall be charged to examine and resolve, as soon as possible, the various incidental questions to which the annexation will give rise, such as the settlement of the share to be contributed by Savoy and the arrondissement of Nice ("circondario di Nizza") towards the public VOL. CII.

debt of Sardinia, and the execution of the obligations resulting from contracts entered into with the Sardinian Government, which Government, however, reserves the right of itself terminating the labours undertaken for boring the tunnel of the Alps (Mont Cenis).

V. The French Government will secure to the civil and military functionaries belonging by birth to the province of Savoy and to the arrondissement of Nice ("circondario di Nizza"), and who shall become French subjects, the rights due to them on account of the services rendered by them to the Sardinian Government: they shall especially enjoy the advantages resulting from the permanency of the magisterial appointments, and from the guarantees ensured to the army.

VI. Sardinian subjects natives of Savoy and the arrondissement of Nice, at present domiciled in those provinces, who shall desire to preserve their Sardinian nationality, shall enjoy, during the space of one year from the date of the exchange of the ratifications, and provided that they make a previous declaration to the competent authority, the right of transporting their domicile into Italy, and of fixing it there, in which case the character of Sardinian citizens shall be continued to them.

They shall be free to retain their immovable property situated in the territory annexed to France.

VII. As concerns Sardinia, the present Treaty shall be in force as soon as the necessary legislative sanction shall have been given by Parliament.

R

« EdellinenJatka »