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ARTICLE II. There shall be, between all the territories of the United States and the territories of the Republic of Honduras, a reciprocal freedom of commerce. The subjects and citizens of the two countries respectively shall have liberty, freely and securely, to come with their ships and cargoes to all places, ports and rivers in the territories aforesaid, to which other foreigners are or may be permitted to come; to enter into the same, and to remain and reside in any part thereof, respectively; also to hire and occupy houses 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 into 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 the 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.
ARTICLE III. It being the intention of the two high contracting parties to bind themselves by the preceding Articles, to treat each other on the footing of the most favored nation, 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 hereafter grant to the subjects or citizens of any other State, shall be extended to the subjects or citizens of the other high 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 proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional.
No higher nor other duties shall be imposed on the importation into the territories of the l'nited States, of any articles being of the growth, produce, or manufacture of the Republic of Honduras, and no higher nor other duties shall be imposed upon the importation into the territories of the Republic of Honduras of any articles being the growth, produce, or manufacture of the territories of the United States than are or shall be payable on 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, on the exportation of any articles to the territories of the other, than such as are or may be payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed upon the exportation or importation of any articles, the growth, produce, or manufacture of the territories of the United States or of the Republic of Honduras, to or from the said 'territories of the United States, or to or from the Republic of Honduras, which shall not extend equally to all other nations.
No higher nor other duties or payments on account of tonnage, of light, or harbor dues, of pilotage, of salvage, in case either of damage or shipwreck, or on account of any other local charges, shall be imposed, in any of the ports of the Republic of Honduras, on vessels of the United States, than those payable in the same ports by vessels of Honduras; nor in any of the ports of the United States, on vessels of Honduras, 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 Honduras, of any article being of the growth, produce, or manufacture of the territories of the United States; whether such importation shall be made in vessels of Honduras or 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 Honduras, whether such importation shall be made in United States or in Honduras' vessels.
The same dues shall be paid, and the same bounties and drawbacks allowed, on the exportation to the Republic of Honduras of any articles being the growth, produce or manufacture of the territories of the United States whether such exportations shall be made in vessels of Honduras or of the United States; 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 Honduras, to the territories of the United States, whether such exportation shall be made in the United States or in Honduras' vessels.
All merchants, commanders of ships, and others citizens of the United States, shall have full liberty, in all the territories of the Republic of Honduras, to manage their own affairs themselves, or to commit them to the management
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 citizens of Honduras, nor to pay them any other salary or remuneration than such as is paid in like cases by citizens of Ilonduras; and absolute freedom in all cases shall be allowed 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 Ilonduras, 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 Ilonduras, under the same conditions.
The citizens of the high contracting parties shall reciprocally receive and enjoy full and perfect protection for their persons and property, and shall have free and open access to the courts of justice in the said countries respectively, for the prosecution and defense of their just rights; and they shall be at liberty to employ, in all cases, the advocates, attorneys, or agent of whatever 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 unlad. ing of ships, the safety of the merchandise, goods, and effects, the succession to personal estates by will or otherwise, and the disposal of personal property of every sort and denomination, by sale, donation, exchange, testament, or in 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 paid or may be paid by native citizens; submitting of course to the local laws and regulations of each country respectively.
If any citizen of either of the two high contracting parties shall die without will or testament in any of the territories of the other, the Consul-general or Consul of the nation to which the deceased belonged, or the representative of such Consul-general or Consul in his 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.
The citizens of the United States residing in the Republic of Honduras, and the citizens of the Republic of Ilonduras residing in the United States shall be exempted from all compulsory military service whatsoever, either by sea or by land, and from all forced loans or military exactions or requisitions, and they shall not be compelled, under any pretext whatsoever, to pay other ordinary charges, requi. sitions or taxes greater than those that are paid by native citizens of the contracting parties respectively.
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 contracting parties may except from the residence of Consuls, such particular places, as they judge fit to be excepted. The diplomatic agents and consuls of Honduras shall enjoy in the territories of the United States whatever privileges exemptions and immunities are or shall be granted to agents of the same rank belonging to the most favored nation; and in like manner the diplomatic agents and consuls of the United States in the territories of Honduras, shall enjoy according to the strictest reciprocity whatever privileges, exemptions and immunities are or may be granted in the Republic of Honduras to the diplomatic agents and consuls of the most favored nation.
For the better security of commerce between the citizens of the United States and the citizens of the Republic of Honduras it is agreed, that if at any time any interruption of friendly intercourse, or any rupture should unfortunately take place between the two high contracting parties, the citizens of either of the two high contracting parties who may be within any of the territories of the other, shall, if residing upon 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 them to embark at the port which they themselves shall select; and even in the event of a rupture, all such citizens of either of the two high contracting parties who are established in any of the territories of the other, in the exercise of any trade or special employment, shall have the privilege of remaining and of continuing such trade and employment, therein without any manner of interruption, in the full enjoyment of their liberty and property as long as they behave peaceably, and commit no offense 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 sequestered nor detained.
The citizens of the United States and the citizens of the Republic of Honduras respectively residing in any of the territories of the other party, shall enjoy in their houses persons and properties, 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, either within their own private houses or in the places of worship destined for that purpose, agreeably to the system of tolerance established in the territories of the two 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 the citizens of either of the two high contracting parties, who may die in the territories aforesaid in burial places of their own, which in the same manner, may be freely established and mainta d, nor shall the funerals or sepulchres of the dead be disturbed in any way or upon any account.
In order that the two high contracting parties may have the opportunity of hereafter treating and agreeing upon such other arrangements, as may tend still further to the improvement of their mutual intercourse, and to the advancement of the interests of their respective citizens, it is agreed, that at any time after the expiration of seven years from the date of exchange of the ratifications of the present treaty, either of the high contracting parties shall have the right of giving to the other party notice of its intention to terminate Articles IV, V, and VI of the present treaty; and that at the expiration of twelve months after such notice shall have been received by either party from the other, the said articles and all the stipulations contained therein shall cease to be binding on the two high contracting parties.
Inasmuch as a contract was entered into by the Government of Honduras and a company entitled the “Honduras Inter-oceanic Railway Company”, for the construction of a Railway from the Atlantic to the Pacific oceans, through the territories of Honduras, which contract was ratified by the Constitutional Powers of the State, and proclaimed as a law on the 28th April 1854; and inasmuch, by the terms of Article 5 section VI of said contract “the Government of Hondu“ras, with the view to secure the route herein contemplated from all “interruption and disturbance from any cause, or under any circum“stances engages to open negotiations with the various governments “with which it may have relations, for their separate recognition of “the perpetual neutrality, and for the protection of the aforesaid “route:” therefore to carry out the obligations thus incurred;
1 The Government of Honduras agrees that the right of way on or transit over such route or road, or any other that may be constructed within its territories, from sea to sea, shall be at all times open and free to the Government and citizens of the United States, for all lawful purposes whatever. No tolls, duties or charges of any kind shall be imposed by the Government of Honduras on the transit of property belonging to the Government of the United States, or on the public mails sent under authority of the same, nor on the citizens of the United States. And all lawful produce, manufactures, merchandise or other property belonging to the citizens of the United States passing from one ocean to the other, in either direction, shall be subject to no import or export duties whatever, nor to any discriminating tolls or charges for conveyance or transit, on any such route or road as aforesaid, and shall be secure and protected from all interruption or detention on the part of the State. The Republic of Honduras further agrees that any other privilege or advantage commercial or other, which is or may be granted to the subjects or citizens of any other country, in regard to such route or road as aforesaid, shall also, and at the same time 'be extended to citizens of the United States; and finally as an evidence of its disposition to accord to the travel and commerce of the world, all the advantages resulting from its position in respect to the two great oceans, Honduras of her own good will engages to establish the Ports at the extremities of the contemplated road as Freeports, for all the purposes of commerce and trade.
2° In consideratian of these concessions, in order to secure the construction and permanence of the route or road herein contemplated, and also to secure for the benefit of mankind the un'interrupted advantages of such communication from sea to sea, the United States recognizes the rights of Sovereignty and property of Honduras in and over the line of said road, and for the same reason guarantees positively and efficaciously the entire neutrality of the same, so long as the United States shall enjoy the privileges conceded to it in the preceding section of this article. And when the proposed road shall have been completed, the United States equally engages in conjunction with Ilonduras to protect the same from interruption seizure or unjust confiscation from whatsoever quarter the attempt may proceed.
3 Nevertheless the United States in according its protection to the said route or road and guaranteeing its neutrality when completed, always understand that this protection and guarantee are granted conditionally and may be withdrawn if the United States should deem that the persons or company undertaking or managing the same adopt