PREAMBLE.
"The United States and her Britannic Majesty, 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 way of the river San Juan de Nicaragua and either or both the lakes of Nicaragua or Manaqua, 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 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, viz:
Article 1. 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 use of any protection which either affords, or may afford, or any alliance which either has or may have, to or with, any state or people for the purpose of erecting or maintaining any such fortifications, or of occupying, fortifying, or colonizing Nicaragua, Costa Rica, the Mosquito Coast, or any part of Central America, or of assuming, or exercising dominion over the same; nor will the United States or Great Britain take advantage of any intimacy, or use any alliance, connection, or influence, that either may possess, with any state or government, through whose territory the said canal may pass, for the purpose of acquiring or holding, directly or indirectly, for the citizens or subjects of the one, any rights or advantages in regard to commerce, or navigation through the said canal, which shall not be offered on the same terms to the citizens or subjects of the other.
Art. 2. Vessels of the United States or Great Britain traversing the said canal shall, in case of war between the contracting parties, be exempted from blockade, detention, or capture by either of the beligerents, and this provision shall extend to such a distance from the two ends of the said canal, as may hereafter be found expedient to establish.
Art. 3. The persons and property engaged in building the said canal shall be protected by the contracting parties from all unjust detention, confiscation and violence.
Art. 4. Both governments will facilitate the construction of said canal and establish two free ports, one at each end of said canal.
Art 5. Both governments will guaranty and protect the neutrality of said canal; provided, however, that said protection and guaranty may be withdrawn by both, or either governments, if both or either should deem that the persons building or managing the same adopt or establish regulations concerning traffic therein, as are contrary to the spirit and intention of this convention, either by unfair discrimination, in favor of the commerce of one contracting party over the other, or by imposing oppressive exactions or unreasonable tolls upon passengers, vessels, goods, wares, merchandise, or other articles,—neither party to withdraw such protection and guaranty without first giving six months notice to the other.
Art 6. Treaty stipulations maybe made with the Central American States, and states with which either or both parties have friendly intercourse; and settle all differences arising as to the rights of property in the canal, etc.
Art. 7. Contract to be entered into without delay, and the party first commencing labor, etc., in the construction of said canal, is to have priority of claim to construct the same, and will be protected therein by the parties to this treaty.
Art. 8. Both governments agree that protection shall be extended by treaty stipulations, hereafter to be made and entered into, to other communications or ways across said isthmus.