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THE TEHUANTEPEC TREATY.

No. 3.

CONVENTION BETWEEN THE REPUBLIC OF MEXICO AND THE UNITED STATES OF AMERICA.

The Republic of Mexico and the United States of America, being convinced of the benefits which would accrue to both nations from the construction by a company of a transit way across the Isthmus of Tehuantepec, with the view of facilitating communication between the Atlantic and Pacific Oceans, have thought proper to encourage such communication, and to that end the Most Excellent Senor President of the Republic of Mexico has fully authorised Senor D. Manuel Gomez Pedraza, and the President of the United States of America has conferred plenary powers on the Hon. Robert Letcher, accredited as Envoy Extraordinary and Minister Plenipotentiary of the United States of the North, near the Mexican Government, and the said Plenipotentiaries, after having exchanged their credentials, which were found to be in good and proper form, have agreed to the following articles :

Article 1. The person to whom the Government of Mexico may have conceded, or hereafter may concede, the privilege of constructing a railway or canal, which, crossing the Isthmus of Tehuantepec, may connect the Atlantic and Pacific Oceans, and persons employed in the works of construction, shall be protected in their persons and property, from the commencement to the completion of the work, and during the time through which the privilege extends.

Art. 2. In case the Government of Mexico may not be able by itself to give the stipulated protection, the United States of the North shall furnish it effectively with

land and naval forces; and the object of this treaty is to form an alliance between both nations in order to guarantee the protection of the work.

Art. 3. Either of the contracting parties, in order to furnish the said protection, may employ, with the restrictions and modifications hereinafter expressed, the military or naval force which may be judged necessary; and if the forces be those of the United States of the North, they shall be hospitably received in the ports of the Isthmus, and shall be permitted to occupy the line of the work or any part of it that may be thought proper.

Art. 4. The United States of the North shall furnish this assistance only in the event of its being required by the Mexican Government, expressed through the Minister of Relations of Mexico, or in the event of communications between the two Governments being interrupted on the requisition of the Minister Plenipotentiary of Mexico, near the Government of the United States of the North, or on that of its commissioner specially authorised, and residing on the line of the proposed road. The aid shall be rendered in the manner and terms, and only for the time, which the person making the requisition shall specify. In no case shall this auxiliary force be employed against the Mexican functionaries, as these will be compelled by their own Government to fulfil their obligations.

Art. 5. In case any difference arise between the Mexican Government and the present or future grantees (empresarios, which may occasion the loss of the privilege, the complaining party shall make a statement of it purposes and motives, and the other party shall make a similar statement, and both shall be submitted to two arbitrators, who have neither interest in the road nor official connexion with either Government, and who shall reside in Mexican territory. One of these parties shall be named by the holders of the privilege and the other by the Mexi

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can Government, and these two, in case of disagreement, shall name a third having the required qualifications, and there shall be no appeal from the decision of the arbitrators. The Mexican tribunals shall take cognizance of any other questions.

Art. 6. If a loss of the privilege result from the decision of the arbitrators, it (the privilege) shall be sold at public auction under the conditions which the Mexican Government may impose, three months' notice of the sale being given to the public in two of the principal journals of Washington and Mexico. The sale shall be made by a commissioner named by the arbitrators. The product of the sale shall be delivered to the losers of the privilege, deducting for the Mexican Government all the expenses of judgment and sale. The legal excise (alcabala) shall be paid in Mexico. The commissioner shall give security for the management of his trust.

Art. 7. No Government or foreign corporations can acquire the privilege which only private individuals can purchase. The purchasers shall be obliged to prosecute the work to its completion, and to comply with the conditions imposed by the Government of Mexico on the original grantees (concesionarios) or any other conditions which the said Government may legally impose.

Art. 8. The contributions of tolls imposed on the citizens, officers, and property of the United States of the North, shall be the same and no higher than those imposed on the officers, citizens, and property of the United States of Mexico. But all the products of the soil or industry of Mexico shall pass at rates one-fifth less than those imposed on the same class of productions of the United States of the North.

Art. 9. It is agreed that the Government of Mexico shall have full power to concede the same, but not greater privileges than those which are here stipulated in its fa

vour and that of the United States of the North, to any one or more of the commercial nations of the world or their citizens or subjects if it may be deemed expedient. But the privileges being a compensation for the engagement of guarantee made by the United States of the North, Mexico shall not concede the said privileges to any other nation until the said nation, through a treaty satisfactory to Mexico, shall give the same guarantee as the United States of the North.

Both contracting parties shall manifest their own intentions to permit all the commercial nations of the world to be participants in the benefits of this road or canal on complying with the conditions of this article.

Art. 10. Both contracting Governments bind themselves, conformably to the anterior provisions of this treaty, as far as they may be able, to maintain the neutrality of the route and ten leagues on each side as Mexican territory, not only in time of peace, but during war, whether one of the two nations be engaged in hostilities with another, or the two parties be at war between themselves; it being understood that the route shall be free and secure in time of peace for all kinds of transportation of goods and merchandize, arms and munitions; but in time of war only merchandise or goods, not contraband of war, shall be free; the latter being prohibited. Notwithstanding neutrality of the route and of ten leagues on either side, Mexico preserves fully the sovereignty of the said route and territory, exercising jurisdiction over the persons or vessels that may pass, equally as over those that may be in its other ports and territories, and the customary salutes shall be fired in said ports.

Art. 11. If the holders of the privilege refuse to enter into a satisfactory arrangement in order to settle the toll or price of transportation, within twelve months from the date of this convention, or shall not comply with its engage

ments, the guaranteed protection to the work shall be immediately withdrawn. The tolls shall not be fixed or altered by the grantees (empresarios) without the approbation of the Government of Mexico. Any alteration in the said rates of toll shall comprehend both contracting nations according to the terms of Article 8, preserving the distinction in favour of Mexican products; and in case such alteration shall be carried into effect the Government of Mexico shall notify the Government of the United States of the North of the same within seventy days.

Art. 12. The present holder of the privilege shall give his consent to this treaty in writing, in order that within four months it may be recorded in the Department of Relations at Mexico, or in the Mexican Legation at Washington; of which fact the Government of the United States shall be notified. Before this the treaty shall not be submitted to the Mexican Congress or to the Senate of the United States of the North.

Art 13. This treaty shall be ratified and exchanged in Mexico and Washington within nine months, and, if that is not possible, within twelve months from its date.

In faith of which, we, the Plenipotentiaries of the Republics of Mexico and of the United States of America, have hereto put our hands and seals.

Done in the city of Mexico, on the 23d day of June, in the year of our Lord 1850, in the 30th of the independence of the Mexican Republic, and the 75th of that of the United States of America.

MANUEL G. PEDRAZA.
R. P. LETCHER.

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