Gross mination, shall be levied on goods in transit by water through the territory Nr. 8194. specified in Article I. This freedom from duties shall apply to goods tran- britannien shipped in course of transit, or landed in bond for further conveyance by water. Portugal. und The transhipment or landing in bond of such goods will be effected under the 26. Febr.1884. supervision of the Portuguese authorities, in order to prevent any fraud, and the expenses of such supervision will be chargeable to the traders or their agents. The scale of such charges will be fixed by the Mixed Commission. No such duties shall be levied on goods in transit by land through that territory, which shall have been legally imported and which shall have paid the duties imposed by the Tariff approved by the present Treaty. Art. VI. All roads in the territory specified in Article I now open, or which may hereafter be opened, shall be kept free and open to all travellers and caravans, and for the passage of goods. Art. VII. Complete protection shall be afforded to missionaries or other ministers of religion of any Christian denomination, of whatever nation or country, in the exercise of their vocation, within the territory specified in Article I. || They shall not be hindered or molested in their endeavours to teach the doctrines of Christianity to all persons willing and desirous to be taught; nor shall any natives who may embrace any form of Christian faith be on that account, or on account of the teaching or exercise thereof, molested or troubled in any manner whatsoever. || It is further agreed, that the local authorities shall set apart a piece of land within a convenient distance of each of the principal towns, to be used as a burial ground for persons of whatever religious denomination. || All forms of religious worship and religious ordinances shall be tolerated, and no hindrance whatever shall be offered thereto by the Portuguese authorities. || Missionaries of religion, whether natives or foreigners, and religious bodies, shall have a perfect right to erect churches, chapels, schools and other buildings, which shall be protected by the Portuguese authorities. All religious establishments, of whatever denomination, shall be on a footing of perfect equality as regards taxation and local charges. Art. VIII. Her Britannic Majesty engages to communicate to His Most Faithful Majesty immediately after the ratification of the present Treaty, all Treaties or Engagements subsisting between Great Britain and native Chiefs in the territory specified in Article I. || His Most Faithful Majesty engages to communicate to Her Britannic Majesty all Treaties or Engagements subsisting between Portugal and native Chiefs in the said territory. || His Most Faithful Majesty engages to respect and confirm all the rights of the native Chiefs and of the inhabitants of the said territory under any of the Treaties and Engagements above mentioned, so far as is compatible with the sovereignty of Portugal; and undertakes to protect and maintain the said Chiefs and inhabitants in the free possession and enjoyment of the lands and other property now held by them, and not to allow them to suffer on account of anything which has happened in the past. Nr. 8194. Gross Art. IX. The Customs Tariff in the territory specified in Article I shall britannien not, for the term of ten years from the date of the exchange of the ratifiund cations of the present Treaty, exceed that which was adopted in the Province Portugal. 26. Febr.1884. of Mozambique in the year 1877. At the end of that term the Tariff may be revised, with the consent of the two High Contracting Parties; but no alteration shall be made therein pending such revision. || Provided always that, in the territory specified in Article I of the present Treaty, British ships shall not at any time hereafter be liable to the payment of any higher or other duties and charges, or be subject to any other restrictions, than are there payable or imposed on Portuguese ships; and goods, whether the property of British subjects, or imported in British vessels, or of British origin or manufacture, shall not at any time hereafter be subject to any differential treatment whatsoever, but shall be on the same footing in every respect as goods the property of Portuguese subjects, or imported in Portuguese vessels, or the produce or manufacture of Portugal. || Such equality of treatment shall apply to British vessels and goods, from whatever port or place arriving, and whatever may be their place of destination. In all the African possessions of Portugal the present Customs Tariff shall not be raised for the term of ten years from the date of the exchange of the ratifications of the present Treaty. || No bill of health or other quarantine formality shall be required in any Portuguese port from British ships bound direct for British ports. Art. X. His Most Faithful Majesty guarantees to British subjects and their commerce in all the African possessions of Portugal, in addition to any rights which they may already possess in the Portuguese Colonies, the treatment of the most favoured third nation:- || 1. As regards residence, whether temporary or permanent; the exercise of any calling or profession; the payment of taxes or other imposts, and the enjoyment of all legal rights and privileges, including the acquiring, holding and power of disposing of property. |' 2. As regards commerce; in respect of import and export duties and all other charges on or in respect of goods of whatever description, and whatever may be their place of origin or manufacture, and whether intended for consumption, warehousing, or re-exportation. Also with respect to the transit of goods, prohibition of importation, exportation, or transit; samples, Customs formalities, and all other matters connected with commerce and trade. || 3. As regards navigation; in respect of vessels, whether steam or sailing, from whatever place arriving, and whatever may be the pleace of origin or destination of their cargoes. Also, in respect of all charges or dues on or in respect of the said vessels and cargoes, and all formalities and regulations relative to them. || 4. Any favour, privilege, or immunity in regard to subjects, commerce, or navigation, as well as any reduction of customs duties or other charges on or in respect of goods or vessels which may hereafter be conceded by Portugal to any third Power, shall be extended immediately and unconditionally to Great Britain. || 5. British Consular officers, as regards appointment, residence, functions and privileges, shall be placed on the footing of the most Nr. 8194. favoured nation. Grossbritannien Portugal. Art. XI. Every assistance shall be given by the local authorities in all und the African possessions of Portugal to vessels wrecked on the coasts or in the 26. Febr. 1884. rivers, or forced into the ports or the entrance of rivers by stress of wheather. Such vessels and their cargoes shall be exempt from all customs duties, charges, fees, fines, and other imposts whatever, except as regards any goods landed therefrom for purposes of sale or barter. || Information of such wrecks shall be given, without delay, to the nearest British Consular officer, who shall be authorized to interpose for the protection of the ship, its merchandize and effects. Art. XII. The Portuguese legislation for the complete extinction of slavery and the Treaties for the suppression of the Slave Trade shall, from the date of the exchange of the ratifications of the present Treaty, be effectively applied to the territory specified in Article I. | The High Contracting Parties bind themselves to use all possible means for the purpose of finally extinguishing slavery and the Slave Trade on the eastern and western coasts of Africa. || His Most Faithful Majesty agrees to grant, from the date of the ratification of the present Treaty, permission to Her Britannic Majesty's ships employed in suppressing the Slave Trade to enter the bays, ports, creeks, rivers, and other places in the eastern African Colonies or possessions of Portugal where no Portuguese authorities shall be established, and to prevent the Slave Trade from being carried on in such places. British vessels employed in this service shall exercise all the powers conferred on Her Majesty's vessels by the Slave Trade Treaty between Great Britain and Portugal of the 3rd July, 1842. || Similar powers shall be given, if required, for similar purposes to Portuguese vessels in Her Britannic Majesty's South African dominions. || Whenever the Commander of a cruizer of one of the High Contracting Parties shall have occasion to act under the provisions of this Article in the territorial waters of the other High Contracting Party, such Commander shall, whenever practicable, having regard to the circumstances of the case, invite a naval or other officer of the other High Contracting Party to accompany the expedition, in order to represent the national flag in such territorial waters. The provisions of this Article shall come into force immediately on the exchange of the ratifications of the present Treaty, except as regards any provision which may be found to require legislative sanction in either country, and as regards such provision, it shall come into force from the date when such legislative sanction shall have been obtained and duly notified by the High Contracting Party requiring the same to the other High Contracting Party. Art. XIII. The provisions of the present Treaty, affecting the territory specified in Article I, shall be fully applied to all territories adjoining the same in Africa that may hereafter be brought under the sovereignty of His Most Faithful Majesty the King of Portugal and the Algarves. Nr. 8194. Gross und Portugal. Art. XIV. His Most Faithful Majesty the King of Portugal and the Albritannien garves engages for himself, his heirs and successors, that if at any time it shall be the intention of Portugal to withdraw from the fort of St. John the 26. Febr. 1884. Baptist of Ajudá, on the coast of Mina, due notification of such intention shall be given to Great Britain, to whom the cession of the fort, and of all rights appertaining to its possession, shall be offered; and no arrangement shall be made for the cession of the fort to any other Power without the previous consent of Great Britain. || This engagement shall apply in all its terms to the abandonment or cession by Portugal of any rights which may be claimed by her between 5o east and 5o west longitude on the same coast. Art. XV. The present Treaty shall be ratified, and the ratifications shall be exchanged at London as soon as possible. In witness whereof the respective Plenipotentiaries have signed the present Treaty and have affixed thereto the seals of their arms. Done in duplicate at London the twenty-sixth day of February, in the year of our Lord one thousand eight hundred and eighty-four. Granville. Miguel Martins D'Antas. Panama-Canal.*) Nr. 8195. VEREINIGTE STAATEN. Staatssecretair des Ausw. (Frelinghuysen) an den amerikanischen Gesandten in London (Lowell). - Der Clayton-Bulwer-Vertrag ist ungültig geworden, weil er sich nur auf die Nicaragua-Route bezog und weil inzwischen die ehemalige britische Niederlassung' in Bélize eine britische Colonie geworden ist. Department of State, Washington, May 5, 1883. Staaten. Sir, I inclose herewith a copy of an instruction from Lord Granville to Nr. 8195. Her Britannic Majesty's Minister in Washington, dated the 30th December, Vereinigte 1882,*) a copy of which was handed to me by Mr. West, aud which is a 5. Mai 1-83. reply to the argument contained in my despatch to you of the 8th May. 1882, on the subject of the Clayton-Bulwer Treaty. You will remember, that my above-mentioned despatch showed that the first seven Articles of the Treaty related to a particular canal then in contemplation, to aid the construction of which the Treaty was signed; that the United States, being then without the means to build the canal, for which they had secured an exclusive grant from Nicaragua, naturally turned to England for capital, to secure which they were willing to surrender some of their exclusive privileges, and that, the canal never having been built, the reason for the surrender of privilege has ceased, and the Treaty with Great Britain is voidable, being without consideration or any object to which it is applicable. Lord Granville, in his instruction to Mr. West, in substance concedes that the first seven Articles of the Treaty related to what was then known as the Nicaragua Canal, but intimates an uncertainty as to the route. In this he is in error, for the line of the canal was definitely fixed soon after the conclusion of the Treaty and accepted by both Governments. || His *) Vgl. Staatsarchiv Bd. XLII. Nr. 7993. 7994 und Bd. XL. Nr. 7644-7650, |