66 "of Great Britain respecting the closing of the Straits, "restrict themselves to demanding, on their part, the "insertion in the Protocol of the observation, that, in their "opinion, the principle of the closing of the Straits is an European principle, and that the stipulations concluded in "this respect in 1841, 1856, and 1871, confirmed at present "by the Treaty of Berlin, are binding on the part of all "the Powers, in accordance with the spirit and letter of the existing Treaties, not only as regards the Sultan, but also as regards all the Powers signatory to these transac"tions"" (p). 66 So the matter ended as far as the Congress at Berlin was concerned. One of all the Powers announced a particular exposition of a portion of the Treaty about to be made, binding only on his Government." It would be difficult to maintain that this exposition in a Protocol can affect the plain meaning of Article LXIII. of the Treaty. 66 CCVI. There is another class of enclosed seas to which the same rules of law are applicable-seas which are landlocked, though not entirely surrounded by land. Of these, that great inlet which washes the coasts of Denmark, Sweden, Russia, and Prussia, the Ostsee as the Germans call it, the Baltic Sea according to its usual appellation, is the principal (9). (p) Correspondence relating to the Congress of Berlin, &c., laid before Parliament, 1878, pp. 277, 243: "Les Plénipotentiaires de Russie, sans pouvoir se rendre exactement compte de la proposition de M. le Second Plénipotentiaire de la Grande-Bretagne concernant la clôture des Détroits, se bornent à demander de leur côté l'insertion au Protocole de l'observation, qu'à leur avis, le principe de la clôture des Détroits est un principe européen, et que les stipulations conclues à cet égard en 1841, 1856, et 1871, confirmées actuellement par le Traité de Berlin, sont obligatoires de la part de toutes les Puissances, conformément à l'esprit et à la lettre des Traités existants, non-seulement vis-à-vis du Sultan, mais encore vis-à-vis de toutes les Puissances signataires de ces transactions." (q) Heffters, 143, n. 2. CHAPTER IX. PECULIAR CASE OF THE ISTHMUS OF CENTRAL AMERICA. CCVII. The most remarkable, and perhaps the most important, instance of the establishment of the jus transitus innoxii is afforded by the recent Convention between Great Britain and the United States respecting the Isthmus of Central America, which connects the great highways of the world, the Atlantic and Pacific Oceans. The Treaty concerns the formation of a ship-canal, or of a railway over this strip of land. This Treaty, both on account of its immediate object, and the principle which it expressly recognizes and recites, is of such vast importance, both to the present and future interests of mankind, that it is necessary to state the provisions in extenso. 66 The preamble set forth that, "Her Britannic Majesty "and the United States of America 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 the way of the "river St. Juan de Nicaragua, and either or both of the "lakes of Nicaragua or Managua, to any port or place on "the Pacific Ocean," &c. The Articles were as follows:-" Art. 1. The Govern"ments of Great Britain and the United States hereby de"clare 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 66 66 66 66 66 "thereof, or occupy, or fortify, or colonise, or assume or "exercise any dominion over Nicaragua, Costa Rica, the Mosquito Coast, or any part of Central America (a); 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 Great Britain or the United States 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 subjects or citizens 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 subjects or citizens of the other. 66 66 66 "Art. 2. Vessels of Great Britain or the United States "traversing the said canal shall, in case of war between the contracting parties, be exempted from blockade, detention, "or capture by either of the belligerents; and this provision "shall extend to such a distance from the two ends of the "said canal as it may hereafter be found expedient to "establish. "Art. 3. In order to secure the construction of the said canal, the contracting parties engage that if any such "canal shall be undertaken upon fair and equitable terms "by any parties having the authority of the local govern"ment or governments through whose territory the same may pass, then the persons employed in making the said canal, and their property used or to be used for that object "shall be protected, from the commencement of the said "canal, to its completion, by the Governments of Great 66 "Britain and the United States, from unjust detention, "confiscation, seizure, or any violence whatsoever. 66 "Art. 4. The contracting parties will use whatever in"fluence they respectively exercise with any State, States, "or Governments possessing, or claiming to possess, any "jurisdiction or right over the territory which the said "canal shall traverse, or which shall be near the waters. applicable thereto, in order to induce such States or "Governments to facilitate the construction of the said "canal by every means in their power; and, furthermore, "Great Britain and the United States agree to use their "good offices, wherever or however it may be most expedient, in order to procure the establishment of two free "ports, one at each end of the said canal. 66 "Art. 5. The contracting parties farther engage, that "when the said canal shall have been completed, they will "protect it from interruption, seizure, or unjust confiscation, "and that they will guarantee the neutrality thereof, so "that the said canal may for ever be open and free, and "the capital invested therein secure. Nevertheless, the "Governments of Great Britain and the United States, in "according their protection to the construction of the said 66 canal, and guaranteeing its neutrality and security when "completed, always understand that this protection and gua"rantee are granted conditionally, and may be withdrawn by "both Governments, or either Government, if both Govern"ments or either Government should deem that the persons "or company undertaking or managing the same adopt or "establish such regulations concerning the traffic thereupon. "as are contrary to the spirit and intention of this Conven"tion, either by making unfair discriminations in favour of "the commerce of one of the contracting parties over the "commerce of the other, or by imposing oppressive exactions "or unreasonable tolls upon passengers, vessels, goods, wares, "merchandise, or other articles. Neither party, however, "shall withdraw the aforesaid protection and guarantee, "without first giving six months' notice to the other. 66 "Art. 6. The contracting parties in this Convention engage to invite every State with which both or either "have friendly intercourse, to enter into stipulations with "them, similar to those which they have entered into with "each other, to the end that all other States may share in "the honour and advantage of having contributed to a work "of such general interest and importance as the canal herein "contemplated; and the contracting parties likewise agree "that each shall enter into treaty stipulations with such of "the Central American States as they may deem advisable, "for the purpose of more effectually carrying out the great design of this Convention, namely, that of constructing "and maintaining the said canal as a ship communication "between the two oceans for the benefit of mankind, on equal terms to all, and of protecting the same; and they "also agree, that the good offices of either shall be em 66 66 66 ployed, when requested by the other, in aiding and as"sisting the negotiation of such treaty stipulations; and "should any differences arise as to right or property over "the territory through which the said canal shall pass, "between the States or Governments of Central America, "and such differences should in any way impede or obstruct "the execution of the said canal, the Governments of Great "Britain and the United States will use their good offices "to settle such differences, in the manner best suited to "promote the interests of the said canal, and to strengthen "the bonds of friendship and alliance which exist between "the contracting parties. 66 "Art. 7. It being desirable that no time should be unnecessarily lost in commencing and constructing the "said canal, the Governments of Great Britain and the "United States determine to give their support and en"couragement to such persons or company as may first offer 66 to commence the same, with the necessary capital, the "consent of the local authorities, and on such principles as "accord with the spirit and intention of this Convention: "and if any persons or company should already have, with |