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Anglo Portuguese Draft Treaty 1891

Draft of Treaty.

(Translation.)

ARTICLE r.

HER Majesty the Queen of Great Britain, &c., agrees to recognize as within the dominion of His Majesty the King of Portugal in East and Southern Africa the territories bounded as follows:—

1. By a line ascending the course of the River Rovuma from its mouth to the confluence of the River Messinge, and thence pursuing a westerly course along the parallel of latitude at which this confluence is situated, until it meets the eastern shore of Lake Nyassa.

2. By the eastern shore of Lake Nyassa from the point where it is intersected by the parallel of latitude of the confluence of the River Messinge with the River Rovuma as far as the source ofthe River Shiré in Lake Nyassa itself.

3. By a direct line starting from the source of the River Shire in Lake Nyassa drawn to the northernmost point of the shore of Lake Chirua.

4. By a direct lihe joining the northernmost point to the southernmost point of the shores of Lake Chirua.

5. By a line starting from the southernmost point of the shore of Lake Chirua and following the crest of the Milange Mountains until it meets the source of the easternmost affluent of the River Ruo.

6. Along the course of the easternmost affluetit of the River Ruo from its source in the Milange Mountains to its mouth, and from, thence along the course of the River Ruo as far as its confluence with the River Shiré.

7. By a direct line which, starting from the right bank of the River Shiré at the point opposite to the confluence of the River Ruo, will run to the point where the 16th parallel of south latitude intersects a line dividing the waters of the Rivers Shire and Revugo.

8. By a line dividing the waters of the Rivers Shiré and Revugo between parallels 16 and 15 south latitude.

9. Along the 15th parallel of south latitude between the line dividing the waters of the Rivers Shiré and Revugo and the course of the River Luia.

10. Along the course of the River Luia from the point where it is intersected by the loth parallel of south latitude as far as its confluence with the River Zambesi.

11. Along the Zambesi River from the confluence of the River Luia up stream to a point situated on the left bank of the said River Zambesi, and at a distance of 10 English miles below the village of Zumbo.

12. By an arc of a circle drawn to the north of the River Zambesi having a radius of 10 English miles, and its centre in the village of Zumbo, its extremities being below and above that village on the left bank of the same river.

13. By an arc of the meridian 10 English miles to the west of the village of Zumbo, and comprised between the right bank of the River Zambesi and the lOtli parallel of south latitude.

14. By the 16th parallel of south latitude between the meridian which runs 10 English miles to the west of the village of Zumbo and the 31st meridian of longitude east of Greenwich.

15. By a direct line which, starting from the point where the 31st meridian of longitude east of Greenwich intersects the 16th parallel of south latitude, will be continued to the northernmost point at which the course ofthe River Mazoe intersects the 33rd meridian of longitude east of Greenwich.

16. Along the course of the River Mazoe, up stream, to its source close to the ruins of Bocuto.

17. By a line which, starting from the source of the River Mazoe, close to the ruins of Bocuto, will be continued as far as the source of the River Macheque.

18. Along the course of the River Macheque from its source close to the ruins of Bocuto as far as its confluence with the River Save.

19. Along the course of the River Save from the point of affluence of the River Macheque, as far as the point of affluence of the River Lunde.

20. By a direct line which, starting from the confluence of the River Lunde with the River Save, will he continued to the north-east point of the South African Republic.

21. By the frontier-line which separate the Portuguese possessions and the South African Republic from the north-east point above mentioned as far as the Swaziland frontier.

22. By the frontier-line between the Portuguese possessions and Swaziland, from the frontier of the South African Republic as far as the course of the River Maputo.

23. Along the course of the River Maputo, down its stream, as far as its confluence with the River Pongolo.

24. Along the course of the River Pongolo from the point of confluence of the River Maputo, up stream, until it meets the parallel of Sorduana Point.

It is expressly understood that whenever in this Article the course of a river is mentioned as a boundary, the dividing line corresponds to the thalweg of the respective river.

ARTICLE II.

The two High Contractihg Parties agree to define the limits of their respective spheres of influence in Central Africa by a new line which will follow the thalweg of the River Gamborapo as far as its cCnfluenCe with the River Zambesi, and will be continued along the thalweg of the last-named river as far as the rapids of Catima.

It is underetood by the two High Contracting Parties that the previously existing rights of any other Sovereign State, recognized by them as such, are not affected by this Article; and, subject to this sole reservation, Great Britain will not offer any opposition, either directly or indirectly, to the free extension of the sphere of Portuguese influence in Western and Central Africa within the boundaries laid down in this Article.

ARTICLE III.

Each of the Hip;h Contracting Parties formally engages not to interfere, make any acquisitions, conclude Treaties, or accept any sovereign rights or recognitions of Protectorate in the territories which, in virtue of this Treaty, may be assigned to the dominions or to the sphere of influence of the other High Contracting Party.

It is expressly understood that neither any individuals, the subjects of one of the High Contracting Parties, nor any Companies, Societies, or collective bodies deriving their nationality from the same High Contracting Party can exercise any sovereign rights within the dominions or in the sphere of influence of the other High Contracting Party as defined in this Treaty.

ARTICLE IV.

The two High Contracting Parties mutually bind themselves to respect (and to cause them to be respected) the Concessions made by one of the Parties, in a legal manner, in any territory which may, in virtue of this Treaty, be comprised in the spheres of influence or of sovereignty of the other Party, and likewise to respect (and to cause it to be respected) any private property whatsoever that may have been legally established within the aforesaid territories.

ARTICLE V.

British subjects in the territories comprised in the spheres of influence and of the sovereignty of Portugal in East and Southern Africa, as above defined, as well as Portuguese subjects in the territories assigned lo Great Britain in virtue of the same Treaty, will be entitled, as regards the protection of their persons and property, the acquisiiion and transfer of real property, and the carrying out of their industrial pursuits, to the same treatment without any difference whatsoever, and to the same rights as the subjects of the nation holding the Sovereignty or Protectorate over the territories referred to in this Article.

ARTICLE VI.

His Most Faithful Majesty will maintain in force the Decree of the 18th November, 1890, which enforces, as regards the Rivers Zambesi and Shiré, in so far as they are under the sovereignty of Portugal or comprised in its sphere of influence, similar principles to those laid down in the Act of Navigation of the River Niger, so long as this Act of Navigation, as well as that of the Congo, are maintained by the Signatory Powers of the General Act of the Conference of Berlin of the 26th February, 1885.

Her Britannic Majesty on her part engages to enforce a similar regime as regards the same rivers, during the same period, in so far as the rivers in question shall be under the sovereignty of Great Britain or included in her sphere of influence.

ARTICLE VII.

Merchandize intended for the territories under the sovereignty of Great Britain, or comprised in her sphere of influence and adjoining the Portuguese Province of Mozambique, as well as merchandize dispatched from those territories, will be allowed a free transit through the territories of the same Portuguese province by the rivers, canals, railways, ordinary roads, and bridges, on sole payment of the same transit duty leviable, under similar circumstances, upon Portuguese merchandize forwarded to the same destination, which transit duty, however, is not to exceed 3 per cent. ad valorem.

Vice versâ merchandize intended for any Portuguese territory in East and Southern Africa, or dispatched therefrom, will be entitled in transit through the territorial possessions assigned to Great Britain by this Treaty to the same facilities and treatment as British merchandize, and will pay the same transit duty, which is not to exceed 3 per cent. ad valorem

Merchandize in transit through the territories referred to in this Article will not be liable, while in transit or on account of such transit, to the payment of any other fiscal duty or tolls, unless it be in remuneration for any service rendered beyond the aforesaid duty.

ARTILCE VIII.

The stipulations set forth in the preceding Article yrith reference to transit duties are to come into force three months after the date of the ratification pf this Treaty, and will jspiitinue in force 4oring fifteen yegrs reckoning from that (jate, hut they can be prolonged for a further period of ten years.

ARTICLE IX.

The Portuguese Government guarantee the construction, within the term of four years reckoning from the date of the ratification of this Treaty, of a railway and of a telegraph between the port of Beira and the Portuguese frontier, in order to connect Pungwe Bay with the sphere of influence of Great Britain in Mashonaland. British subjects will be allowed to make use of this railway and telegraph, as well as of the means of communication afforded by the River Pungwe, under the same conditions as those under which Portuguese subjects can make use of the said means of communication.

§. Until the completion of the railv/ay referred to in this Article, and its being thrown open to public traffic, the Government of His Most Faithful Majesty will grant to British subjects already settled or who may hereafter settle in Mashonaland all possible facilities, in accordance with the stipulations of this Treaty, for the purpose of carrying on communications and for the conveyance of their persons and merchandize between the aforesaid territory and the coast.

ARTICLE X.

The two High Contracting Parties formally bind themselves to submit to the arbitration of a friendly Power any doubts, differences, or questions that may arise with regard to the interpretation of the clauses of this Treaty, or derived from its execution.

ARTICLE XI.

The present Treaty shall be ratified, and the ratifications shall be exchanged at Lisbon as soon as possible.