« PreviousContinue »
respectively; also to hire and occupy bouses and warehouses for the purposes of their commerce; and generally the merchants and traders of each nation, respectively, shall enjoy the most complete protection and security for their commerce, subject always to the laws and statutes of the two countries, respectively. In like manner the respective ships of war and post-office packets of the two countries shall have liberty freely and securely to come to all harbors, rivers, and places to which other foreign ships of war and packets are or may be permitted to come, to enter the same, to anchor, and to remain there and refit, subject always to the laws and statutes of the two countries, respectively. By the right of entering places, ports, and rivers, mentioned in this article, the privilege of carrying on the coasting trade is not understood; in which trade national vessels only of the country where the trade is carried on are permitted to engage.
It being the intention of the two high contracting parties to bind K„i,.» of mo.t themselves by the two preceding articles to treat each other from! Mum,. ou tjie footing of the most favored nations, it is hereby agreed between them that any favor, privilege, or immunity whatever, in matters of commerce and navigation, which either contracting party has actually granted, or may grant hereafter, to the subjects or citizens of any other State, shall be extended to the subjects or citizens of the other contracting party; gratuitously, if the concession in favor of that other nation shall have been gratuitous, or in return for a compensation, as nearly as possible of a proportionate value and effect, to be adjusted by mutual agreement, if the'concession shall have been conditional.
No higher or other duties shall be imposed on the importation into the territories of the United States of any article being the growth, produce, or manufacture of the Republic of Nicaragua, and no higher or other duties shall be imposed on the importation into the territories of the Republic of Nicaragua df any article being the growth, produce, or manufacture of the United States, than are or shall be payable upon the like articles being the growth, produce, or manufacture of any other foreign country; nor shall any other or higher duties or charges be imposed in the Territories of either of the high contracting parties ou the exportation of any articles to the Territories of the other than such as are or may be payable ou the exportation of the prohb i ^e articles to any other foreign country; nor shall any
prohibition be imposed upon the importation or exportation of any articles the growth, produce, or manufacture of the territories of the United States or the Republic of Nicaragua to or from the said territories of the United States, or to or from the Republic of Nicaragua, which shall not equally extend to all other nations.
No higher or other duties or payments on account of tonnage, of light Toonue or harbor dues, or pilotage, of salvage in case of either dambuboi iTM, tc age or shipwreck, or on account of any local charges, shall be imposed in any of the ports of Nicaragua on vessels of the United States than those payable by Nicaraguau vessels, nor in any of the ports of the United States on Nicaraguan vessels than shall be payable in the same ports on Vessels of the United States.
The same duties shall be paid on the importation into the territories of the Republic of Nicaragua of any articles being the growth,' produce,ormannfactureoftheterritoriesof theUnitedStates, nn'SHiS whether such importation shall be made in Nicaraguan ves- ° " "?"°lrT sels or in the vessels of the United States; and the same duties shall be paid on the importation into the territories of the United States of any article being the growth, produce, or manufacture of the Republic of Nicaragua, whether such importation shall be made in Nicaraguan or United States vessels. The same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation to the Republic of Nicaragua, of any article, being the growth, produce, or manufacture of the territories of the United States, whether such exportation shall be made in Nicaraguan or United States vessels; and the same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any articles, being the growth, produce, or manufacture of the Republic of Nicaragua to the territories of the United States, whether such exportation shall be made in the vessels of the United States or of Nicaragua.
All merchants, commanders of ships, and others, citizens of the United States, shall have full liberty in all the territories of the Re- Ki„,„, ot public of Nicaragua to manage their own affairs themselves, \Lz£«7r7"txC as permitted by the laws, or to commit them to the manage- olhcrment of whomsoever they please, as broker, factor, agent, or interpreter; nor shall they be obliged to employ any other persons in those capacities than those employed by Nicaraguaus, nor to pay them any other salary or remuneration than such as is paid in like cases by Nicaraguan citizens; and absolute freedom shall be allowed in all cases to the buyer and seller to bargain and fix the price of any goods, wares, or merchandise imported into or exported from the Republic of Nicaragua as they shall see good, observing the laws and established customs of the country.
The same privileges shall be enjoyed in the territories of the United States by the citizens of the Republic of Nicaragua under the same conditions.
The citizens of the high contracting parties shall reciprocally receive and enjoy full and perfect protection for their persons and Pro,„,„on ,„ „, property, and shall have free and open access to the courts •°°"°"J of justice in said countries, respectively, for the prosecution and defence of their just rights; and they shall be at liberty to employ, in all cases, advocates, attorneys, or agents, of whatsoever description, whom they may think proper; and they shall enjoy, in this respect, the same rights and privileges therein as native citizens.
In whatever relates to the police of the ports, the lading and unlading of ships, the safety of merchandise, goods, and effects, the Ri,h„ „, ,.,<itr„, succession to personal estates, by will or otherwise, and the ^^wTor'til" disposal of personal property of every sort and denomination <"h"
by sale, donation, exchange, testament, or any other manner whatsoever, as also the administration of justice, the citizens of the two high contracting parties shall reciprocally enjoy the same privileges, liberties, and rights as native citizens; and they shall not be charged in any of these respects with any higher imposts or duties than those which are or may be paid by native citizens, submitting, of course, to the local laws and regulations of each country, respectively. The foregoing provisions shall be applicable to real estate situated within the States of the American Union, or within the Republic of Nicaragua, in which foreigners shall be entitled to hold or inherit real estate. But in case real estate situated within the territories of one of the contracting parties should fall to a citizen of the other party, who, on account of his being an alien, could not be permitted to hold such property in the State in which it may be situated, there shall be accorded to the said heir, or other successor, such time as the laws of the State will permit to sell such property. Ho shall be at liberty, at all times, to withdraw and export the proceeds thereof without difficulty, and without paying to the Government any other charges than those which would be paid by an inhabitant of the country in which the real estate may be situated. If any citizen of the two high contracting parties shall die without a will or testament in any of the territories of the other, the ^0.. Minister or Consul, or other Diplomatic Agent of the nation
to which the deceased belonged, (or the representative of such Minister or Consul, or other Diplomatic Agent, in case of absence,) shall have the right to nominate curators to take charge of the property of the deceased, so far as the laws of the country will permit, for the benefit of the lawful heirs and creditors of the deceased, giving proper notice of such nomination to the authorities of the country.
1. The citizens of the United,States residing in Nicaragua, or the citiiniermarriw. »„d z(^ds of Nicaragua residing in the United States, may inter
ri,"o"P"!'<S marry with the natives of the country; hold and possess, ^.racier. purchase, marriage, or descent, any estate, real or per
sonal, without thereby changing their national character, subject to the laws which now exist or may be enacted in this respect.
2. The citizens of the United States residents in the Republic of NicE«mption rro„, aragua, and the citizens of Nicaragua residents in the United
"X'S^S?. States, shall be exempted from all forced or compulsory ,io'" military service whatsoever, by land or sea; from all con
tributions of war, military exactions, forced loans in time of war; but they shall be obliged, in the same manner as the citizens of each nation, to pay lawful taxes, municipal and other modes of imposts, aud ordinary charges, loans, and contributions in time of peace, (as the citizens of the country are liable,) in just proportion to the property owned.
3. Nor shall the property of either, of any kind, be taken for any proPeriTi.otiob« public object without full and just compensation to be paid
uin-nieM,** in advance; and ■i. The citizens of the two high contracting parties shall have the unFrcrdmncr travel limited right to go to any part of the territories of the other, MdiMtraour*. and in all cases enjoy the same security as the natives of the country where they reside, with the condition that they duly observe the laws and ordinances.
It shall be free for each of the two high contracting parties to appoint Consuls for the protection of trade, to reside in any of the 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 high K„osatlto„ contracting parties may except from the residence of Consuls such particular places as they judge tit to be excepted. n«»j->ce.
The Diplomatic Agents of Nicaragua and Consuls shall enjoy in the territories of the United States whatever privileges, exemp- PfiTil(.,w on0 im. tions, and immunities are or shall be allowed to the agents n""i01 of the same rank belonging to the most favored nations; nipi<.m«ticA,.»i. and in the like manner the Diplomatic Agents and Consuls *°d c°"*"1*of the United States in Nicaragua shall enjoy, according to the strictest reciprocity, whatever privileges, exemptions, and immunities are or may be granted in the Republic of Nicaragua to the Diplomatic Agents and Consuls of the most favored nations.
For the better security of commerce between the citizens of the United States and the citizens of Nicaragua, it is agreed, that if at UcM.rf „„rn.nd. any time any interruption of friendly intercourse, or any !;wrel?TM;;„cip'^' rupture, should unfortunately take place between the two "tThigh contracting parties, the citizens of either, who may be within the territories of the other, shall, if residing on the coast, be allowed six months, and if in the interior, a whole year, to wind up their accounts, and dispose of their property; and a safe-conduct shall be given to them to embark at any port they themselves may select. Even in case of rupture, all such citizens of either of the high contracting parties, who are established in any of the territories of the other, in trade or other employment, shall have the privilege of remaining and of continuing such trade or employment, without any manner of interruption, in the full enjoyment of liberty and property, so long as they behave peaceably, and commit no offence against the laws; and their goods and effects, of whatever description they may be, whether in their own custody, or intrusted to individuals or to the State, shall not be liable to seizure or sequestration, nor to any other charges or demands than those which may be made upon the like effects or property belonging to the native citizens of the country in which such citizens may reside. In the same case, debts between individuals, property in public funds, and shares of companies, shall never be confiscated, nor detained, nor sequestered.
The citizens of the United States and the citizens of the Republic of Nicaragua, respectively, residing in any of the territories v , , ot the other party, shall enjoy in their houses, persons, and ..r n*»«. r property, the protection of the Government, and shall continue in possession of the guarantees which they now enjoy. They shall not be disturbed, molested, or annoyed in any manner on account of their religious belief, nor in the proper exercise of their religion, agreeably to the system of tolerance established in the territories of the high contracting parties; provided they respect the religion of the nation in which they reside, as well as the constitution, laws, and customs of the country.
Liberty shall also be granted to bury tbe citizens of either of the two high contracting parties, who may die in the territories aforesaid, iu burial-places of their own, which in the same manner may be freely established and maintained; nor shall the funerals or sepulchres of the dead be disturbed in any way or upon any account.
Article XIII. ,
Whenever a citizen of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports, or doBcfuie Ud urhun- mjnjong 0f the other with their vessels, whether merchant or war, public or private, through stress of weather, pursuit of pirates or enemies, or want of provisions or water, they shall be received and treated with humanity, and given all favor and protection for repairing their vessels, procuring provisions, and placing themselves in all respects in a condition to continue their voyage without obstacle of any kind.
The Republic of Nicaragua hereby grants to the United States, and „t t° their citiaens and property, the right of transit bei.MweAthflA'iuSic tween the Atlantic and Pacific Oceans through the terric0cea"'t tory of that Republic, on auy routo of communication, natural or artificial, whether by land or by 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 Republics and their respective citizens; the Republic of Nicaragua, however, reserving its rights of sovereignty over the same.
The United States hereby agree, to extend their protection to all such seutr.ui *t nf routes 01 communication as aforesaid, and to guarantee tbe .hi'rouw' neutrality and innocent use of the same. They also agree to employ their influence with other nations to induce them to guarantee such neutrality and protection.
And the Republic of Nicaragua, on its part, undertakes to establish r one free port at each extremity of one of the aforesaid
routes of communication between the Atlantic and Pacific .votonmfooroiher Oceans. At these ports no tonnage or other duties shall be imposed or levied by the Government of Nicaragua on the vessels of the United States, or on any effects or merchandise belonging to citizens or subjects of the United States, or upon the vessels or effects of any other country intended, bona fide, for transit across the said routes of communication, and not for consumption within r„„,„,f0 ,,r the Republic of Nicaragua. The United States shall also troop.. jje at liberty, on giving notice to the Government or author
ities of Nicaragua, to carry troops and munitions of war in their own vessels, or otherwise, to either of said free ports, and shall be entitled to their conveyance between them without obstruction by said Government or authorities, and without any charges or tolls whatever for their transportation on either of said routes; provided said troops and munitions of war are not intended to be employed agaiust Central American nations friendly to Nicaragua. And no higher or other charges or tolls shall be imposed on the conveyance ox transit of persons and property of citizens or subjects of the United