contracts. XXV. After 10 years from the completion of a canal, railroad, or any other route of communication, through the territory of Nicaragua, from the Atlantic to the Pacific Ocean, no Company which may have constructed or be in possession of the same shall ever divide, directly or indirectly, by the issue of new stock, the payment of dividends, or otherwise, more than 15 per cent. per annum, or at that rate, to its stockholders, from tolls collected thereupon; but whenever the tolls shall be found to yield a larger profit than this, they shall be reduced to the standard of 15 per cent. per annum. XXVI. It is understood that nothing contained in this Treaty shall be construed to affect the claim of the Government and citizens of the Republic of Costa Rica to a free passage, by the San Juan river, for their persons and property, to and from the ocean. XXVII. The present Treaty shall remain in force for the term of 20 years from the day of the exchange of ratifications; and if neither Party shall notify to the other its intention of terminating the same, 12 months before the expiration of the 20 years stipulated above, the said Treaty shall continue binding on both parties beyond the said 20 years, until 12 months from the time that one of the Parties may notify to terpretarse como que afirma ó niega la validez de alguno de dichos contratos. XXV. Despues de 10 años de la conclusion de un canal, ferro-carril, ó cualquiera otra via de comunicacion, del Oceano Atlantico al Pacifico, á traves del territorio de Nicaragua, ninguna Compañia que haya construido dicha via, ó que esté en posesion de ella, podrá nunca dividir á sus accionistas, pago de dividendos, directa ó indirectamente, por emision de nuevas acciones, ó de otro modo, mas de un 15 por ciento anual, ó en aquella proporcion, por impuestos colectados en aquella via; pero cuando se descubra que estos impuestos renden una utilidad mayor que esta, se reducirán á la regla fija de 15 por ciento anual. XXVI. Queda entendido que nada de lo contenido en este Tratado deberá entenderse que afecta el reclamo del Gobierno y ciudadanos de la República de Costa Rica de un libre pasage de sus personas y propiedades por el Rio San Juan del oceano y para el oceano. XXVII. El presente Tratado permanecerá en fuerza por el termino de 20 años desde el dia del cange de las ratificaciones; y si ninguna de la dos Partes notificase á la otra su intencion de terminarle, 12 meses antes de la expiracion de dichos 20 años, el Tratado continuará obligando á ambas Partes mas allá de los referidos 20 años, hasta 12 meses despues del tiempo en que una de las Partes notifique á la otra CORRESPONDENCE between Great Britain and The United States, respecting Central America.-1858-1860. [Continued from Vol. XLVIII. Page 630.]* No. 131.-Lord Napier to the Earl of Malmesbury.-(Rec. Jan. 17.) GENERAL CASS informed me this morning, at the President's reception, that your Lordship's despatch of the 8th ultimo, relative to the eventual objects of Sir William Ouseley's mission, had been read in the Cabinet, and had given very great satisfaction to the Ministers. The Postmaster-General, at a later hour, took occasion to express to me how highly he appreciated the sentiments and intentions of Her Majesty's Government. The Earl of Malmesbury. I have, &c. NAPIER.. No. 132.-Mr. Wyke to the Earl of Malmesbury.-(Rec. Jan. 19,1859.) (Extract.) Guatemala, November 23, 1858, DON PEDRO DE AYCIMENA, the Guatemala Minister for Foreign. Affairs, showed me, yesterday, copy of your Lordship's despatch of the 11th ultimo, addressed to their Representative in England, by *Laid before Parliament, 1860. which that functionary is informed that Her Majesty's vessels-ofwar stationed at Greytown will interfere to prevent the landing at that port of any fresh hostile expeditions against Nicaragua, should the Government of that Republic request the Commanders of such vessels so to interfere. This intelligence has caused great satisfaction here. These Governments have always considered that such interference on our part was directly called for by the stipulations of the BulwerClayton Treaty. The Earl of Malmesbury. C. LENNOX WYKE. P.S-Since writing the above, I find that the letter alluded to was addressed to Don José Marcoleta, and not to Señor San Martin, as I had at first supposed. No. 133.-Sir W. G. Ouseley to the Earl of Malmesbury. (Received February 2, 1859.) MY LORD, Leon, December 28, 1858. I ARRIVED at Realejo, on board Her Majesty's sloop Vixen, on the 16th instant. I had been informed that the President, General Martinez, was to be there, as his Excellency has annually to make a progress through the country, and visit all the different departments. It happened, fortunately, that immediately after I landed General Martinez arrived. I took the opportunity of being introduced to him-of course, privately. We proceeded, the same day, to Chinandega, whence I wrote officially to ask an audience at an early day, in order to present my credentials, and forwarding a copy of the Queen's letter. The answer of the Nicaraguan Minister was to the effect that I was to be received at a public audience at Leon, as soon after the arrival there of the President and myself as possible. The day before yesterday I had the honour of presenting my credential letter. The Government did all in their power to show respect and goodwill to Her Majesty's Mission; sent a carriage for me, and testified much gratification that Her Majesty had been pleased to accredit me as Envoy Extraordinary and Minister Plenipotentiary, and in general terms expressed a readiness to meet the wishes of Her Majesty's Government in every particular. I am still extremely weak, having been attacked by the fever of the country, and only left my bed to present my credentials; and I am obliged to defer any further report for the next opportunity, as this mail will go to-day. I can only add, that the day after my audience, the President and all his Ministers called on me, and used very flattering and friendly language. I have the honour to transmit a copy of the remarks that I addressed to the President on presenting my letter. The Earl of Malmesbury. I have, &c. W. G. OUSELEY. (Inclosure.)-Sir W. G. Ouseley's Speech on delivering Her Majesty's Letter to the President of Nicaragua. THE Queen, my august Sovereign, has been graciously pleased to entrust to me the gratifying task of cementing the good understanding, and evincing the feelings of friendly interest that have ever animated Great Britain towards the State over which your Excellency so ably presides, by concluding a Treaty calculated to produce the best effects. It would have been to me at any time a pleasing duty to contribute to such an object; but my efforts will be the more gladly employed at a moment when the interests of humanity and policy call for decided action on the part of civilized and commercial nations, to defend this and neighbouring Republics from the piratical attacks of lawless men, the effects of whose ruthless barbarism it is lamentable to witness. The acts of those misguided adventurers have excited just indignation in the breasts of enlightened rulers of the most powerful maritime nations on both sides of the Atlantic, who have resolved that such enormities shall no longer be tolerated. All civilized nations have an interest in keeping uninterrupted the free passage so liberally granted by Nicaragua and the neighbouring States across the territories which Providence has placed under their independent and lawful sovereignty. It is for the advantage of all that this independence should be maintained, and that Nicaragua should become one of the great links between the two hemispheres. But no nation has a more direct interest in the security and neutrality of the transit than Great Britain. The Queen's dominions on the Atlantic bring Her Majesty's subjects in closer contact with Central America than the inhabitants of any other maritime country; while Her Majesty's valuable possessions in the Pacific, and the vast British interests in Asia, make it a duty, if not a necessity, for Her Majesty's Government to secure undisturbed passage across these territories. The ready participation of Nicaragua in this great object will call for the efficient protection of these routes, and, indeed, will merit the co-operation of all commercial nations in their defence from such outrages as those which have hitherto rendered unavailable these much desired lines of transit. I esteem myself fortunate in finding among the members of the present Administration of this country, so many men of distinguished merit, and especially in having to treat with a Government at the head of which is your Excellency. SIR, No. 134.-The Earl of Malmesbury to Sir W. G. Ouseley. Foreign Office, February 12, 1859. I RECEIVED on the 2nd instant your despatch of the 28th December, reporting your arrival at the capital of Nicaragua. The accounts which I received, together with that despatch, of the serious illness with which you had been visited, and of the general state of your health, occasioned me much regret; and I need scarcely assure you that nothing could be further from the wish of Her Majesty's Government than that you should prolong your stay in Central America, if your doing so should be likely to be injurious to you. Her Majesty's Government, indeed, feel convinced that with the strong impression that you must have of the importance of the negotiation with which you are entrusted being speedily concluded, you would not hesitate for a moment at delegating to Mr. Wyke the duty of continuing it in virtue of the authority conveyed to you in that respect by my despatch of the 16th of December last, if you should feel that the state of your health prevented you from giving your undivided attention to it, and from pushing it to its immediate completion. A variety of circumstances has caused a loss of time which it was most desirable to avoid, for the difficulty of adjusting these questions connected with Central America is liable to be increased from day to day by changes of feeling in the countries themselves and in The United States, and by events which human foresight cannot anticipate or control. You will, therefore, understand that my object in addressing to you my present despatch is to set you quite at ease in regard to transferring to Mr. Wyke the further conduct of the negotiation with Nicaragua and Costa Rica if the state of your health should make you feel yourself unequal to the task; and you may be assured that, if you do so, Her Majesty's Government will only attribute your conduct to a high sense of duty on your part which will have induced you to sacrifice your own personal feelings out of regard for the paramount interests of your country. Sir W. G. Ouseley. (Extract.) I am, &c. MALMESBURY. No. 135.-The Earl of Malmesbury to Lord Lyons. Foreign Office, February 15, 1859. As regards the questions more immediately bearing on the relations between this country and The United States, Her Majesty's [1859-60. L.] K |