states. Each party expressly reserves, without it being construed as an act contrary to the duties of neutrality, the right to watch and defend its boundaries with the military forces which it might deem convenient, for the preservation of public order and the defense of those of its interests which might be threatened by such state of war.

In order to avoid the smuggling which might be engaged in by sea, between the coasts and ports of the two contracting parties, especially in time of disturbance, or in order to give to their nationals the necessary protection due them by reason of a state of war, each contracting party shall also have the right to send its war ships to the territorial waters of the other, after obtaining permission therefor from the latter, which permission shall be granted, subject to the generally recognized principles of the law of nations. Said ships may enter and stay in or in front of their ports, anchorages, grounds, bays, rivers, coves, havens, islands and capes, and shall be granted assistance to repair all damages suffered, to procure supplies of provisions and to place themselves in condition to proceed on their trip without any obstacle or hindrance. They shall, finally, enjoy to the full extent all rights of shelter and refuge customary in such cases; provided, however, that in order to enjoy these privileges they shall observe and comply with the local regulations.

As regards international maritime law especially, the contracting parties mutually agree to comply with principles 2nd, 3rd, and 4th of the Declaration of the Congress of Paris of April 16, 1856, with the single reservation that, whenever one of said contracting parties shall be at war with a third Power, it shall respect the enemy's merchandise under a neutral flag only in cases in which said Power shall have adopted the same principle of maritime international law in regard to the former.

Whenever a war vessel of one of the high contracting parties which might be at war with a third nation, shall find a merchant vessel of the other, the former shall keep at the farthest distance compatible with the exercise of the right of visit, taking into consideration the condition of the wind, the sea, and the degree of suspicion which the ship to be visited might inspire, and shall send two or more commissioners in a boat with the sole object of examining, without any inconvenience or violence, the certificates and ship's papers covering the property and cargo of the vessel; for which the commanding officer of the armed ship shall be held responsible. These documents shall be full proof as to the nationality of the ship and the legitimacy of its cargo, unless the fraud were patent, or there should be reasonable grounds to suspect the same.

War vessels shall be exempt from the visits to which merchant vessels are subjected.

It is stipulated that war ships of each of the high contracting parties, respectively, shall be exempt from the control and jurisdiction of the other, even when they are within their territorial waters, but they shall be obliged to respect the local regulations of the ports, the fiscal laws and the sanitary regulations.

ARTICLE XXIII

The high contracting parties agree to grant to their envoys or diplomatic or consular agents in general the proper rights, privileges, honors, exemptions and immunities which are enjoyed or may be enjoyed in the future by officials of the same rank of the most favored nation.

Being desirous of preventing any conflict which might alter their friendly and cordial relations, they agree what whenever any claims or complaints in civil, criminal or administrative matters shall arise, there shall be no intervention by their diplomatic agents except in the following cases: refusal of, or a manifest, extraordinary and illegal delay in administering justice; failure to execute a final judgment after exhausting all legal resources; or in case of an express violation of existing treaties or of the rules of public or private international law recognized by civilized nations, and which could not be claimed before the tribunals of the country without imminent danger of irreparable loss.

Whenever a Mexican in the Republic of Honduras or a Honduran in the Republic of Mexico takes part in the local questions or in the civil struggles of the state, he shall be treated, tried, sentenced or acquitted by the same procedure and the same courts to whose jurisdiction nationals found in similar circumstances would be subject. In such cases, the right to demand diplomatic intervention in order to convert the personal affair into a diplomatic question shall not exist, except in the cases specified in the preceding paragraph, and then only for the purpose of expediting the legal resources granted to nationals in such cases. This stipulation shall be interpreted without prejudice to the provisions of paragraph 2 of Article II of this treaty.

It is agreed that in no case shall the Mexican Government be responsible to the Government of Honduras, nor the Honduran Government be responsible to the Government of Mexico, for the damages, vexations or exactions suffered by their respective citizens in the territory of the other caused in time of insurrection or of civil war by insurgents, or

caused by the tribes or hordes of savages in defiance of obedience to the Government, except in the case where the fault or blame may be due to lack of diligence on the part of existing authorities or their agents.

ARTICLE XXIV

The provisions of the present treaty shall not apply to the fishing industry in all its branches and purposes, which shall remain subject to the laws of each one of the contracting countries.

ARTICLE XXV

The high contracting parties expressly pledge themselves not to order or authorize any act or regulation of any kind which violates or infringes one or more of the articles of this treaty. The controversies which might arise on this account shall be settled in accordance with the procedure stipulated in Article I of this treaty. If the violation or infraction should be committed by the citizens of one of the high contracting parties, the person or persons so violating the same shall be directly liable, said party agreeing that the infractor shall be sued and punished in accordance with its laws, without this being sufficient cause to disturb the friendship and amity existing between the two contracting parties.

ARTICLE XXVI

Diplomatic and consular agents of the contracting republics in foreign countries shall tender to the persons and property of the citizens of the other the same protection that would be given to the persons and property of their country, without charging for their service other or higher fees than those usually charged to nationals.

ARTICLE XXVII

The present treaty shall be ratified by each of the high contracting parties in accordance with their respective constitutional procedure, and the ratifications shall be exchanged as soon as possible in the City of Mexico.

It shall be in force for the term of five years from the date of the exchange of the ratifications hereof, and shall thereafter continue in force until a year after one of the high contracting parties shall have denounced it to the other.

ARTICLE XXVIII

It is understood that the term most favored nation used in this treaty, does not include the republics of Central America which formerly constituted one single nation. These republics shall not be taken as a standard as regards the privileges of commerce, industry, et cetera, now granted or which may hereafter be granted to them by the Republic of Honduras.

It is also understood that the most favored nation privileges are based upon absolute reciprocity and shall only be granted to a third Power when the circumstances are identical.

In witness whereof, the plenipotentiaries sign and seal the present treaty in two originals, in the City of Mexico, on the 24th day of March, 1908.

L. S. (Signed) FEDERICO GAMBOA.

L. S. (Signed) POLICARPO BONILLA.

1

PROTECTORATE TREATY BETWEEN FRANCE AND MOROCCO 1

Signed at Fez, March 30, 1912

The Government of the French Republic and the Government of His Majesty the Sultan, desirous of inaugurating a regular régime in Morocco based upon internal order and general security, making it possible to introduce reforms and to insure the economic development of the country, have agreed upon the following:

ARTICLE I

The Government of the French Republic and His Majesty the Sultan have agreed to establish in Morocco a new régime admitting of the administrative, juridical, educational, economic, financial and military reforms which the French Government may deem useful to be introduced within the Moroccan territory.

This régime shall safeguard the religious status, the respect and traditional prestige of the Sultan, the exercise of the Mohammedan religion and of the religious institutions and in particular those of the habous. It shall admit of the organization of a reformed Shereefian makhzen.

'Le Memorial Diplomatique, April 7, 1912, p. 214.

The Government of the Republic will come to an understanding with the Spanish Government regarding the interests which this government has in virtue of its geographical position and territorial possessions on the Moroccan coast.

In like manner, the City of Tangiers shall retain the distinctive characteristic for which it has been known and which will determine its municipal organization.

ARTICLE II

His Majesty the Sultan consents that henceforth the French Government, after it shall have notified the makhzen, may proceed to such military occupation of the Moroccan territory as it might deem necessary for the maintenance of good order and the security of commercial transactions, and to exercise every police supervision on land and within the Moroccan waters.

ARTICLE III

The Government of the Republic pledges itself to lend constant support to His Shereefian Majesty against all dangers which might threaten his person or throne, or endanger the tranquillity of his states. The same support shall be given the heir to the throne and his successors.

ARTICLE IV

Such measures as the new régime of the protectorate may require shall be edicted, upon the proposal of the French Government, by His Shereefian Majesty or the authorities to whom he may have delegated his power. The same process shall be observed in the matter of new regulations and of modifications to the existing regulations.

ARTICLE V

The French Government shall be represented near His Shereefian Majesty by a resident commissioner general, representative of all the powers of the republic in Morocco, who shall attend to the execution of the present agreement.

The resident commissioner general shall be the sole intermediary of the Sultan near foreign representatives and in the relations which these representatives maintain with the Moroccan Government. In particular, he shall have charge of all matters relating to foreigners in the Shereefian Empire.