ulations in the treaty of June 11, 1891, by which it has been
alleged this right was secured to England.

If the British Government possessed a right _in rem_, then to all
intents and purposes it owned the road internationally, in war as well
as in peace, for all the uses to which a road is usually put, namely,
that of transporting all kinds of goods, warlike or peaceable. If
England only possessed a right _in personam_, this right was a valid one
in times of peace and for the purposes stipulated by the terms of the
treaty, but became void in time of war, and, being purely personal in
character, depended upon the promise of the State through which the road
passed. In the former case it would be a "right of way" in peace or in
war. In the latter case it would be merely a "license to pass," for the
granting of which Portugal would have to show valid reasons in view of
her neutral duties.

The parts of the treaty which may by any possibility apply to the case
are Articles 11, 12, and I4.[29]

[Footnote 29: British and Foreign State Papers, Vol. 83, pp. 27-41,
Treaty between Great Britain and Portugal, defining the Spheres of
Influence of the two Countries in Africa, signed at Lisbon, June 11,
1891, ratifications exchanged at London, July 3, 1891.]

A portion of Article 11 reads: "It is understood that there shall be
freedom for the passage of the subjects and goods of both powers across
the Zambesi, and through the districts adjoining the left bank of the
river situated above the confluence of the Shire, and those adjoining
the right bank of the Zambezi situated above the confluence of the river
Luenha (Ruenga), without hindrance of any description and without
payment of transit dues."[30]

[Footnote 30: Ibid., p. 34]

The only applicable portion of Article 12 says: "The Portuguese
Government engages to permit and to facilitate transit for all persons
and goods of every description over the water-ways of the Zambezi, the
Shire, the Pungwe, the Busi, the Limpopo, the Sabi and their
tributaries; and also over the land ways which supply means of
communication where these rivers are not navigable."[31]

[Footnote 31: British and Foreign State Papers, Vol. 83, p. 36.]

The only other clause of the treaty which bears on the case is a portion
of Article 14: "In the interests of both Powers, Portugal agrees to
grant _absolute freedom of passage_ between the British sphere of
influence and Pungwe Bay for _all merchandise_