CONVENTION BETWEEN THE UNITED STATES AND GREAT
BRITAIN.

CONCLUDED APRIL 19, 1850.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a Convention between the United States of America and her Britannic Majesty, for facilitating and protecting the construction of a ship canal between the Atlantic and Pacific oceans, aud for other purposes, was concluded and signed at Washington, on the nineteenth day of April last, which Convention is, word for word, as follows:

Convention between the United States of America and her
Britannic Majesty.

The United States of America and her Britannic Majesty, Preamble. 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 United States has conferred full powers on John M. Clayton, Secretary of State of the United States; and her Britannic Majesty on the Right Honorable Sir Henry Lytton Bulwer, a member of Her Majesty's Most Honorable Privy Council, Knight Commander of the Most Honorable Order of the Bath, and Envoy Extraordinary and Minister Plenipotentiary of her Britannic Majesty to the United States, 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:

ARTICLE I.

The governments of the United States 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 ever 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.

Negotiators.

Vessels of eith

er power to be

use of any protection which either affords or may afford alliance which either has or may have to or with any S people, for the purpose of erecting or maintaining an fortifications, or of occupying, fortifying, or colonizing I gua, Costa Rica, the Mosquito coast, or any part of C America, or of assuming or exercising dominion over the nor will the United States or Great Britain take advant any intimacy, or use any alliance, connexion, or influen either may possess with any State or government th whose territory the said canal may pass, for the purpose quiring or holding, directly or indirectly, for the citize subjects of the one, any rights or advantages in regard to merce or navigation through the said canal which shall r offered on the same terms to the citizens or subjects of the

ARTICLE II.

Vessels of the United States or Great Britain traversin exempted from said canal shall, in case of war between the contracting på blockade, deten- be exempted from blockade, detention, or capture by eith the belligerents; and this provision shall extend to such a tance from the two ends of the said canal as may hereaft found expedient to establish.

tion, or capture, in case of war.

ARTICLE III.

• Property of the parties engaged

in

protected from

confiscation and seizure.

In order to secure the construction of the said canal, the constructing tracting parties engage, that, if any such canal shall be u the canal to be taken upon fair and equitable terms by any parties having unjust detention, authority of the local government or governments through w territory the same may pass, then the persons employed making the said canal and their property used, or to be for that object, shall be protected, from the commenceme the said canal to its completion, by the governments of United States and Great Britain, from unjust detention, fiscation, seizure, or any violence whatsoever.

The contract

ing parties agree

construction of the work.

ARTICLE. IV.

The contracting parties will use whatever influence they res to facilitate the tively exercise with any State, states, or governments, possess or claiming to possess, any jurisdiction or right over the territ which the said canal shall traverse, or which shall be near waters applicable thereto, in order to induce such states or ernments to facilitate the construction of the said canal by ev Good offices to means in their power; and furthermore, the United Sta establishment of and Great Britain agree to use their good offices, wherever two free ports. however it may be most expedient, in order to procure the

be used for the

tablishment of two free ports, one at each end of the said can

ARTICLE V.

On the completion of the canal, contracting

the

parties guaranty that it may for

its neutrality, so

ever remain open

and free.

Conditions said guaranty.

of

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 that they will guaranty the neutrality thereof, so that the said canal may forever be open and free, and the capital invested therein, secure. Nevertheless, the governments of the United States and Great Britain, in according their protection to the construction of the said canal, and guarantying its neutrality and security when completed, always understand that this protection and guaranty 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 favor of the commerce of one of the contracting parties over the commerce of the other, or by imposing oppressive exactions or unreasonable tolls upon passengers, vessels, goods, wares, merchandise or other articles. Neither party, however, shall withdraw the aforesaid protection and guaranty without first giving six months' notice to the to be withdrawn

nother.

ARTICLE VI.

Which is not

without months being given.

six

notice

The contracting parties in this

every state

in

inter

into similar stip.

them.

with such of the

can States as

The contracting parties in this convention engage to invite every state with which both or either have friendly intercourse convention invite to enter into stipulations with them similar to those which they friendly have entered into with each other, to the end that all other course to enter states may share in the honor and advantage of having con- ulations with tributed to a work of such general interest and importance as the canal herein contemplated. And the contracting parties Treaty stipulalikewise agree that each shall enter into treaty stipulations with tions to be made such of the Central American States as they may deem advisa- Central Amerible, for the purpose of more effectually carrying out the great they may deem design of this convention, namely, that of constructing and advisable. 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 negotiation of such treaty stipulations; and should any differences arise as to right or property over the territory through which the said canal shall arise between the 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 United States and Great Britain 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.

Protection to

be extended by

tions, to
other communi-

canal or railway,

mus.

ARTICLE VII.

It being desirable that no time should be unnecessarily lost in commencing and constructing the said canal, the Governments of the United States and Great Britain 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 convention 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 Governments of the United States and Great Britain, 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 accom. plish 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 Governments of the United States and Great Britain 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.

ARTICLE VIII.

The Governments of the United States and Great Britain treaty stipula having not only desired, in entering into this convention, to acany complish a particular object, but also to establish a general cations, either by principle, they hereby agree to extend their protection, by treaty across the isth stipulations, to any other practicable communications, whether by canal or railway, across the isthmus which connects North and South America, and especially to the inter oceanic communications, should the same prove to be practicable, whether 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 United States and Great Britain 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 Citizens of na- open to the citizens and subjects of the United States and Great tions other than Britain on equal terms, shall also be open on like terms to the and Great Brit- citizens and subjects of every other State which is willing to

the United States

grant thereto such protection as the United States and Great ain, granted the Britain engage to afford.

same privileges, conditionally.

ARTICLE IX.

Ratifications to be exchanged

The ratifications of this convention shall be exchanged at Washington within six months from this day, or sooner if pos- within sible.

In faith whereof, we, the respective plenipotentiaries, have signed this convention, and have hereunto affixed our seals. Done at Washington, the nineteenth day of April, anno domini one thousand eight hundred and fifty.

JOHN M. CLAYTON,
[L. S.]
HENRY LYTTON BULWER. [L. s.]

months.

Signed 19th April, 1850.

Ratifications

And, whereas, the said convention has been duly ratified on exchanged both parts, and the respective ratifications of the same were of July, 1850. exchanged at Washington, on the fourth instant, by John M.. Clayton, Secretary of State of the United States, and the Right Honorable Sir Henry Lytton Bulwer, Envoy Extraor dinary and Minister Plenipotentiary of Her Britannic Majesty on the part of their respective governments:

Now, therefore, be it known that I, Zachary Taylor, President of the United States of America, have caused the said convention to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled. with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. [L. S.] Done at the city of Washington, this fifth day of July, in the year of our Lord one thousand eight hundred and fifty, and of the independence of the United States the seventyfifth.

(Signed)

By the President: (Countersigned)

Z. TAYLOR.

J. M. CLAYTON,

Secretary of State.

4th

Proclaimed 5th

July, 1850.