Anhang II.

Clayton-Bulwer-Vertrag.

(19. 4 1850.)

The U. S. of America and Her Britannic Majesty, 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 ship canal which may be constructed between the Atlantic and Pacific oceans by the way of the river San Juan de Nicaragua and either or both of the Lakes of Nicaragua or Managua, to any port or place on the Pacific Ocean, the President of the U. S. has confered full powers on John M. Clayton, Secretary of State of the U. S., and Her Britannic Majesty 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, envoy extraordinary and minister plenipotentiary of Her Britannic Majesty to the U. S., for the aforesaid purpose and the said plenipotentiaries having exchanged their full powers, which were found to be in proper form, have agreed to the following articles:

Art. I.

The Governments of the U. S. and Great Britain hereby declare that neither the one nor the other will ever obtain or maintain for itself any exclusive control over the said ship canal: agreeing that neither will 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 has 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 America, or of assuming or exercizing dominion over the same; nor will the U. S. or Great Britain take advantage of any intimacy, or use any alliance, connection, or influence 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 citizens or subjects 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 terms to the citizens and subjects of the other.

Art. II.

Vessels of the U. S. or Great Britain traversing the said canal shall, in case of war between the contracting parties, be exempted from blockade, detention, or capture 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.

Art. III.

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 the U. S. and Gr. Br., from unjust detention, confiscation, seizure, or any violence whatsoever.

Art. IV.

The contracting parties will use whatever 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 further more, the U. S. and Gr. Br. agree to use their good offices, whereever 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.

Art. 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 they will guarantee the neutrality thereof, so that the said canal may forever be open and free, and the capital invested there secure. Nevertheless, the Governments of the U. S. and Gr. Br., 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 the 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.

Art. 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 negociation 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 the U. S. and Gr. Br. 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.

Art. VII.

It being desirable that no time should be unnecessarily lost in commencing and constructing the said canal, the Governments of the U. S. and Gr. Br, 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 con

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vention 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 Government of the U. S. and Gr. Br., 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 Governements of the U. S. and Gr. Br. 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.

Art. VIII.

The Governments of the U.S. and Gr. Br. 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, wether 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 the U. S. and Gr. Br. 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 citizens and subjects of every other state which is willing to grant thereto such protection as the U. S. and Gr. Br. engage to afford.

Art. 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.

Done at Washington, the 19th day of April, anno Domini 1850.

John M. Clayton.
Henry Lytton Bulwer.

Anhang III.

(Zeitschr. für internat. Priv.- u. öff. R. 1903, Bd. 12, S. 366 ff.)

Hay-Pauncefote-Vertrag.

18. 11. 01.

The United States of America and his Majesty Edward VII of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, and Emperor of India, being desirous to facilitate the construction of a ship canal to connect the Atlantic and Pacific oceans, by whatever route may be considered expedient, and to that end to remove any objection which may arise out of the convention of the 19th of April 1850, commonly called the Clayton-Bulwer-Treaty, to the construction of such canal under the auspices of the Government of the United States without impairing the ,,general principle" of neutralization established in Article VIII of that convention, have for that purpose appointed as their plenipotentiaries: The President of the U. S., John Hay, Secretary of State of the U. S. of America; and his Majesty Edward the VII of the United Kingdom of Great Britain and Ireland and of the British dominions beyond the Seas, King, and Emperor of India, the Right Hon. Lord Pauncefote, G. C. B., G. C. M. G., his Majesty's Ambassador Extraordinary and Plenipotentiary to the U. S.

Who, having communicated to each other their full powers, which were found to be in due and proper form, have agreed upon the following articles:

Art. I.

The high contracting parties agree that the present treaty shall supersede he aforementioned convention of the 19th of April, 1850.

Art. II.

It is agreed that the canal may be constructed under the auspices of the Government of the United States, either directly at its own cost, or by gift or loan money to individuals or corporations, or through subscription to or purchase of stock or shewes, and that, subject to the provision of the present treaty, that the said Government shall have and enjoy all the rights incident to such construction, as well as the exclusive right of providing for the regulation and management of the canal.