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Doc. No, 73. 



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said State; and when the circumstances and condition of tlie coiiniTf 

 ma}^ require it, the United States shall employ their naval and military 

 force to preserve the peace and maintain the neutrality of the said coasts j 

 ports, lakes, rivers, and territories, and to hold and keep the same under 

 the dominion and sovereignty of the government of the State of Nica- 

 ragua, or of the government of such State or political community of 

 which Nicaragua may voluntarily become a member, or which of her 

 own accord she may hereafter be identified: provided, however, that the 

 said sovereignty and dominion of the State of Nicaragua, so guarantied 

 as above, shall not be held, maintained, nor exercised by said State in 

 any such manner as to conflict, or to be inconsistent with the rights and 

 privilege herein secured to the United States and her citizens; and to 

 prevent all misunderstanding, it is expressly stipulated that the United 

 States are not bound, nor do they undertake to aid, assist, or support 

 jNicaragua in oifensive wars, or wars of aggression, waged and carried 

 on by said State with foreign powers, or with the neighboring States out- 

 side of her just limits and beyond the territories rightfully within her 

 jurisdiction; but the contracting parties agree and undertake that, if ne- 

 cessary, the naval and military forces, and the entire means and resources 

 of both the contracting parties, shall be employed to put down all wars 

 and bloodshed arising therefrom, and to suppress all violations of the 

 peace and interruptions of the neutrality of the said State of Nicaragua; 

 and for further explanation, it is understood that if the State of Nica- 

 ragua should become involved in a war with any foreign pov/er or neigh- 

 boring State within her own borders, to defend the territories rightfully 

 belonging to her, or to recover such territories wrongfully wrested from 

 her, the United States engage to aid and defend Nicaragua in carrying 

 on such war within her own rightful limits: provided, however, that 

 such war is just; and provided, moreover, that if peace is prevailing in 

 the State of Nicaragua, no wars or hostilities shall be first commenced 

 in said State by either of the contracting parties without previous friendly 

 consultations, and unless with the consent of both their governments, 

 given according to their laws and constitutions respectively. 



Art. 13. The contracting parties, in negotiating this treaty, have had 

 in view the contract entered into between the State of Nicaragua, through 

 the commissioner Jose Trinidad Munoz, and a certain company styled 



Compania de Transito de Nicaragua," composed of certain persons 

 named Willard Parker, Simeon H. Ackerman, Ashur Kurshecdt, and 

 David J. Brown, through the said David J. Brown as their agent; which 

 contract was executed and signed by said commissioner and agent on 

 March 14, 1849, and ratified by the legislative power of the State of Ni- 

 caragua on March 16, 1S49, and approved by the executive power of 

 said State on the ITth of March, 1849. Now in view of this contract, it 

 is further agreed as follows: 



Isl. If the above-named company shall accede to this treaty in all its 

 parts, or if they shall voluntarily abandon their contract, or if they shall 

 forfeit their rights under said contract, by failing to perform and execute 

 the terms and conditions thereof in due time, then this treaty shall re- 

 main and be valid in all its parts. 



2d. But if the said company shall not accede to this treaty in ail its 

 parts, and if they shall not abandon or forfeit their said contract, bii^ if 

 they shall execute the same, and comply with its terms, and build ;the 



