Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924016941464 JX236 18 C 7°3 ne " UniVerSi,yLibrary text T,e «Si«».» ven,lons concluded betwe 3 1924 016 941 464 %% 7b7T-j )ka^ z/yjy^. TREATIES AND CONVENTIONS CONCLUDED BETWEEN THE UNITED STATES OF AMERICA AND OTHER POWERS, SINCE JULY 4, 1776. REVISED EDITION. CONTAINING NOTES, WITH REFERENCES TO NEGOTIATIONS PRECEDING THE SEVERAL TREATIES, TO THE EXECUTIVE, LEGISLATIVE, OR JUDICIAL CONSTRUCTION OF THEM, AND TO THE CAUSES OF THE ABROGATION OF SOME OF THEM ; AN APPENDIX SHOWING THE TREATIES CONCLUDED SUBSEQUENTLY TO THOSE CONTAINED IN THE TEXT, AND A CORRECTION OF ERRORS AND OMISSIONS ; A CHRONOLOGICAL LIST OF TREATIES; AN ANALYTICAL INDEX ; AND A SYNOPTICAL INDEX. ^^^SPgl WASHINGTON: GOVERNMENT PRINTING OFFICE. 1873. z^;^73A NOTE. The original edition of this volume was printed as Senate Executive Document No. 36, Forty-first Congress, third session. PREFACE TO THE REVISED EDlTKl^ The Secretary of State, on the 1st of February, 1871, trans- mitted these treaties to the Senate, with the following note : Department or State, Washington, February 1,1871. Sir : In compliance with a resolution of the Senate of the 223 December, requesting the Secretary of State " to prepare and transmit to the Senate copies of all the treaties and conventions (except postal conventions) entered into by the United States, the ratification whereof has been exchanged, with notes indicating such treaties or con- ventions, or such parts of treaties or conventions as have been changed or abrogated," I have the honor to transmit the accompanying copies of treaties and conventions as called for by said resolution. I have the honor to be, sir, your obedient servant, Hamilton Fish. Hon. Schoyler Colfax, President of the Senate. The following joint resolution, under which the work was printed, passed the two Houses of Congress : In the Senate of the United States, February 20, 1871. Mesolved by the Senate, {the Souse of Representatives concurring,) That there be printed the usual number of copies of "Treaties and Conventions" as reported to the Senate from the State Department, and in addition thereto one thousand copies for the use of the State Department, one thousand copies for the use of the Senate, and two thousand copies for the use of the House of Representatives. Attest : Geo. C. Gorham, Secretary, by W. J. McDonald, Chief Clerk. In the House of Representatives, March i, 1871. Mesolved, That the House concur in the foregoing resolution in relation to the printing of Treaties and Conventions. Attest: Edward McPherson, Clerk. It was intended that the notes and indices, as they appear in this edition, should have formed part of the entire edition ; but there was an unavoidable delay in the preparation, by means of which some incomplete copies have got into circulation. v These errors have been rectified in a large portion of the edition ordered by Congress for the Department of State, and the corrected copies are, for convenience, styled "Revised Edition" on the title-page, in order to distinguish them from the incomplete copies. The English versions only are given in this collection. The Synoptical Index gives reference in all cases to the page and volume of the Statutes at Large, where may be found the ver- sion in other languages of such treaties as are subscribed in two or more languages. PREFACE. The differences between the two editions are the following : 1. The matter from pages 1 to 8, inclusive, is new in the present edition. The substance of the preliminary remarks in the old copies has been transferred to the notes, in order to make room for a table of contents. 2. A more complete appendix is added in the place of the old appendix, and the opportunity has been taken to correct in this appendix misprints and errors in the text, and to supply omissions and deficiencies. The mistakes and errors on pages 9 to 16, inclusive, are corrected in this reprint, and are not noted in the appendix. 3. Historical notes have been added, which it is hoped may be found useful. The compiler is permitted to say that they have had the benefit of the revision of Mr. Caleb Cushing, and of Mr. William Hunter, the Second Assistant Secretary of State. 4. A copious analytical index has been added, on which some labor has been spent to secure accuracy. 5. A synoptical index has been added, made from the mar- ginal abstracts as printed on the treaties. In this index the opportunity has been taken to correct all known errors in the titles of the treaties in the text of the work, and to give, respect- ing each treaty, whenever possible, the dates — 1, of its conclu- sion ; 2, of the action of the Senate upon it ; 3, of its ratification by the President ; 4, of the exchange of the ratifications ; 5, of the President's proclamation. ■ The compiler of the Notes and Index takes this opportunity to express his obligations to Mr. John H. Haswell, Chief of the Bureau of Archives and Indexes at the Department of State, for his care in verifying the numerous citations and ref- erences, (several thousand in all-;) and to Mr. Almon M. Clapp, Congressional Printer, and Mr. Henry T. Brian, Foreman of the Government Printing Office, for the great care in proof-reading which has secured what it is hoped may prove to be a great degree of accuracy. J. C. BANCROFT DAVIS. Department of State, September 1, 1873. TABLE OF CONTENTS. Page. Treaties 9 Algiers : September 5, 1795. Peace and amity 9 June 30 and July 6, 1815. Peace and amity 14 December 22-23, 1816. Peace and amity 18 Argentine Confederation : July 10, 1853. Free navigation of rivers Parana 1 and Uruguay 24 July 27, 1853. Friendship, commerce, and navigation 26 Austria and Austro-Hongary : August 27,1829. Commerce and navigation 31 Mav 8, 1848. Disposal of property, &c ; 35 July 3, 1856. Extradition '. : 37 July 11, 1870. Eights, &c, of consuls - 39 September 20, 1870. Naturalization 45 November 25, 1871. Trade-marks. (Appendix) 906 Baden: January 30, 1857. Extradition 47 July 19, 1868. Naturalization 49 Bavaria : January 21, 1845. Abolition of droit d'aubaine and taxes on emi- gration 51 September 12, 1853. Extradition... 53 May 26, 1868. Naturalization 55 Belgium : November 10, 1845. Commerce and navigation 58 July 17, 1858. Commerce and navigation 62 May 20, 1863. Import duties and capitalization of Scheldt dues 66 July 20, 1863. Extinguishment of Scheldt dues 68 November 16,1868. Naturalization 72 December 5, 1868. Eights, &c, of consuls 74 December 20, 1868. (Additional article.) Trade-marks 78 Bolivia: (See also Peru— Bolivia.) — May 13, 1858. Friendship, commerce, and navigation 80 Borneo : June 23, 1850. Peace and amity ; consular jurisdiction 92 Brazil: December 12, 1828. Friendship, commerce, and navigation 94 January 27, 1849. Claims .- 104 Bremen : (See also Hameatie Republics.) -, 1853. (Accession.) Ex- tradition. (Appendix) 908 Brunswick and Luneburg : August 21, 1854. Disposal of property 106 Central America : December 5, 1825. Commerce and navigation 108 Chili: May 16, 1832. Friendship, commerce, and navigation 118 September 1, 1833. (Explanatory) 127 November 10, 1858. Arbitration of Macedonian claims 129 China: July 3, 1844. Peace, amity, and commerce 131 June 18, 1858. Peace, - amity, and commerce 145 November 8, 1858. Eegnlation of trade 155 November 8, 1858. Claims 164 July28,1868. (Additional articles.) Amity, commerce, and navigation 165 Colombia, Eepublic of : (See also Ecuador, New Granada, and Venezuela.) October 3, 1824. Friendship, commerce, and navigation 169 Colombia, United States of: (See also New Granada.) February 10, 1864. Claims 195 Costa Eica : July 10, 1851. Amity, commerce, and navigation 197 July 2, 1860. Claims .' 202 Denmark : April 26, 1826. Friendship, commerce, and navigation 206 March 28, 1830. Indemnity, claims 210 April 11, 1857. Sound and Belt dues 213 July 11, 1861. (Additional articles) 215 Naturalization. July 20, 1872. (Appendix) 909 Dominican Eepublic : February 8, 1867. Amity, commerce, navigation, ex- tradition 217 Ecuador : June 13, 1839. Friendship, navigation, and commerce 228 November 25, 1862. Claims 238 France : February 6, 1778. Alliance 241 February 6, 1778. Amity and commerce 244 February 6, 1778. Annex to. (Appendix) 910 O CONTENTS. Page. France :— Continued. February 6, 1778. (Act separate and secret) '£* July 16, 1782. Payment of loan 254 February 25, 1783. New loan 25 £ November 14, 1788. Consuls 260 September 30, 1800. Peace, commerce, navigation, fisheries, &c 266 April 30, 1803. Cession of Louisiana 275 April 30, 1803. Payment of 60,000,000 francs by the United States 278 April 30, 1803. Claims against France to be paid 279 June 24, 1822. Duties ; consuls 287 June 24, 1822. (Separate article) 289 July 4, 1831. Claims ; duties on wines and cottons 289, November 9, 1843. Extradition 292 February 24, 1845. Extradition 293 February 23, 1853. Rights, &c, of consuls 294 February 10, 1858. (Additional article. ) Extradition 298 April 16,1869. Trade-marks 2 " German Empire : December 11, 1871. Consuls and trade-marks 302 Great Britain: November 30, 1782. Preliminary to treaty of peace 309 November 30, 1782. (Separate article) - 312 January 20, 1783. Armistice - 312 September 3, 1783. Peace ;--- 314 November 19, 1794. Peace, amity, commerce, navigation, boundary, claims. extradition 318 November 19, 1794. (Additional article) 333 May 4, 1796. (Explanatory article) 333 March 15, 1798. (Explanatory article) 334 January 8, 1802. (Additional convention) 336 December 24, 1814. Peace, boundary, slave- trade 338 July 3, 1815. Commerce, duties, consuls 344 April 28, 1817. (Arrangement.) Armed vessels on the Lakes 348 November24, 1817. (Decision of Commissioners.) Boundary ...348,349 October 20, 1818. Fisheries, boundary, slaves 350 June 18, 1822. (Decision of Commissioners.) Boundary 352 July 12, 1822. Differences referred to Emperor of Eussia 355 November 13.1826. Indemnity 362 August 6, 1827. Boundary 364 August 6,1827. Renewal of commercial conventions 365 September 29, 1827. Boundary; differences to be referred to an arbiter 366 August 9,1842. Boundary, slave-trade, extradition 369 June 15, 1846. Boundary west of Rocky Mountains 375 April 19, 1850. Ship-canal from the Atlantic to the Pacific 377 December 9, 1850. Protocol ceding Horse Shoe Reef. (Appendix) 911 February 8, 1853. Claims 380 June 5, 1854. Reciprocity of trade and fisheries with British possessions in North America 383 Julyl7,1854. (Additional convention.) Claims 388 April 7, 1862. Suppression of slave-trade 388 February 17, 1863. (Additional article) 401 July 1,1863. Claims of Hudson's Bay and Puget Sound Agricultural Com- panies 402 May 13,1870. Naturalization 405 June 3, 1870. Slave-trade ; mixed courts 407 February 23, 1871. Renunciation of naturalization 411 May 8,1871. Claims, fisheries, boundaries, &c 413 January 18, 1873. As to places for holding sessions of Claims Commission. (Appendix) 912 March 10, 1873. Protocol of conference respecting Northwest Water Bound- ary. (Appendix) 912 June 7, 1873. Protocol of conference respecting time when Articles 18 to 25 and Article 30 of Treaty of May 8, 1871, should go into effect. (Appendix) 914 Greece: December 10-22,1837. Commerce and navigation 430 Guatemala : March 3, 1849. Amity, commerce, navigation, &c 436 Hanover: May 20, 1840. Commerce, navigation, &c 446 June 10,1846. Commerce, navigation, &c 450 January 18, 1855. Extradition 456 November 6, 1861. Abolition of Stade or Brunshausen dues 458 Hanseatic Republics : December 20, 1827. Friendship, commerce, and navi- gation — 461 June4,1828. (Additional article) 465 April 30, 1852. Consular jurisdiction 466 CONTENTS. 7 Page. Hawaiian Islands: December 20, 1849. Commerce, navigation, extradition, &o. 468 Hayti: November 3, 1864. Commerce, navigation, extradition, &c 475 Hesse: March 26,1844. (Hosse-Cassel.) Abolition of droit d'aubaine and taxes on emigration 486 August 1, 1868. (Grand Duchy of.) Naturalization '. 487 (For Elector of Hesse, Grand Duke of Hesse and on Ehine, and Landgrave of Hesse-Homburg, see Prussia and other States of the Germanic Confedera- tion, pages 729-731.) Honduras : July 4, 1864. Friendship, commerce, and navigation 490 Italy: February 8, 1868. Eights, &c, of consuls _ 496 March 23, 1868. Extradition 501 January 21, 1869. (Additional article.) Consuls 500 January 21, 1869. (Additional article.) Extradition 503 February 26, 1871. Commerce and navigation 503 Japan: March 31, 1854. Peace and amity 512 Jnue 17, 1857. Opening of Nagasaki; coin, consuls, &c 514 July 29, 1858. Amity aud commerce 516 January 28, 1864. Reduction of duties 525 October 22, 1864. Indemnity 526 LewChew: July 11, 1854. Friendship and commerce 528 Liberia : October 21, 1862. Commerce and navigation 529 Madagascar: February 14, 1867. Commerce, rights of citizens, consular juris- diction, &c 532 Mecklenburg-Schwerin : December 9, 1847. (Accession.) Commerce, navi- gation, &c 535 November 26, 1853. (Accession.) (Appendix.) Extradition 915 Mecklenburg-Strelitz : December 2, 1853. (Accession.) Appendix. Extradition 916 Mexico: January 12, 1828. Boundary 542 April 5, 1831. (Additional article) 544 April 5, 1 831. Amity, commerce, and navigation 544 April 5,1831. (Additional article) 555 April 3, 1835. (Second additional article to treaty of January 12, 1828) 556 April 11, 1839. Claims 557 January 30, 1843. (Additional convention) 560 February 2, 1848. Peace, friendship, limits, claims, &c 562 December 30, 1853. Boundary, road across Tehuantepec, &c 575 December 11,1861. Extradition 579 July 4, 1868. Claims 581 July 10, 1868. Naturalization 585 April 19, 1871. (Additional convention.) Claims 586 November 27, 1872. Extension of Claims Commission. (Appendix) 916 Morocco: January, 1787. Peace and friendship 588 January, 1787. (Additional article) 592 September 16, 1836. Commerce, prisoners, &c 593 May 31, 1865. Light-house at Cape Spartel 598 Muscat: September 21, 1833. Amity and commerce 602 Nassau : May 27, 1846. Abolition of droit d'aubaine and taxes on emigration . . 605 Netherlands: October 8, 1782. Amity and commerce 607 October 8, 1782. Recaptured vessels 616 January 19, 1839. Commerce and navigation 618 August 26,1852. (Supplemental convention) 619 January 22, 1855. American consuls in Dutch colonies 622 New Granada: (See also Colombia, United States of.) December 12, 1846. Amity, commerce, and navigation 177 December 12, 1846. (Additional article).'. 188 May 4, 1850. Consuls 189 September 10,1857. Claims 193 Nicaragua : June 21, 1867. Friendship, commerce, and navigation 627 June 25, 1870. Extradition. 635 North German Union : February 22, 1868. Naturalization 638 Oldenburg : March 10, 1847. (Accession.) Commerce and navigation 641 December 30, 1853. (Accession.) (Appendix.) Extradition - 917 Orange Free State : December 22, 1871. Friendship, Commerce, Extradition. (Appendix) 918 Ottoman Empire : May 7, 1830. Friendship and commerce 643 February 25, 1862. Commerce and navigation 645 Paraguay : February 4, 1859. United States and Paraguay Navigation Com- pany 653 February 4, 1859. Friendship, commerce, and navigation 655 Persia : December 13, 1856. Friendship and commerce 660 o CONTENTS. Page. Peru — Bolivia : November 30, 1836. Friendship, commerce, and navigation . - 663 Peru: March 17, 1841. Claims 673 July 26, 1851. Friendship, commerce, and navigation o75 July 22, 1856. Eights of neutrals at sea »°£ Jnly 4, 1857. (Of interpretation) °™» December 20, 1862. " Lizzie Thompson " and " Georgiana " o91 January 12, 1863. Claims , °™ December 4, 1868. Claims °™ Portugal : August 26, 1840. Commerce and navigation 699 February 26, 1851. Certain claims to be referred to an arbiter 704 Prussia : (See also North German Union and German Empire.) July 9 and 28, August 5, and September 10, 1785. Amity and commerce 707 July 11, 1799. Amity and commerce 715 May 1, 1828. Commerce and navigation • J24 Prussia and other States : June 16, 1852. Extradition '29 November 16, 1852. (Additional article.) Extradition 731 Russia: April 5-17, 1824. Navigation, fishing, &c, in Pacific Ocean 733 December 6-18, 1832. Commerce and navigation 735 December 6-18, 1832. (Separate article) 739 July 22, 1854. Eights of neutrals at sea 739 March 30, 1867. Cession of Russian possessions in North America to the United States 741 January 27, 1868. (Additional article.) Trade-marks 744 San Salvador: January 2, 1850. Amity, navigation, commerce, &c 745 Sardinia: November 26, 1838. Commerce, navigation, &c 755 November 26, 1838. (Separate article) 760 Saxony: May 14, 1845. Abolition of droit d'aubaiue and taxes on emigration. 762 Schaumburg Lippe : June 7, 1854. (Accession.) (Appendix.) Extradition 920 Siam : March 20, 1833. Amity and commerce 764 May 29, 1856. Amity and commerce 767 December 17-31, 1867. (Modification) 774 Spain : October 27, 1795. Friendship, limits, and navigation 776 August 11, 1802. Indemnity 784 February 22, 1819. Amity, settlement, and limits ...;... 785 February 17, 1834. Indemnity 795 February 12, 1871. Certain claims for wrongs in Cuba. (Appendix) 921 Sweden : April 3, 1783. Amity and commerce , 799 April 3, 1783. (Separate articles) 807 September 4, 1816. Amity and commerce 809 Sweden and Norway : July 4, 1827. Commerce and navigation 815 July 4, 1827. (Separate article) 821 March 21, 1860. Extradition 822 May 26,1869. Naturalization 824 Swiss Confederation: May 18, 1847. Abolition of droit d'aubaine and taxes on emigration : 827 November 25, 1850. Friendship, commerce, extradition, &c 828 Texas: April 11, 1838. Indemnity for brigs " Pocket" and "Durango," &c 834 April -25, 1838. Boundary 835 Tripoli : November 4, 1796. Peace, friendship, navigation, &c 837 June 4, 1805. Peace, friendship, navigation, &c .' 840 Tunis: August, 1797, March 26, 1799. Peace, friendship, navigation, &c 846 February 24, 1824. (Supplemental convention) 852 Two Sicilies : October 14, 1832. Indemnity 855 December 1, 1845. Commerce and navigation 856 January 13, 1 855. Eights of neutrals at sea 861 ' October 1 , 1855. Commerce, navigation, extradition, &c 863 Venezuela: January 20, 1836. Friendship, commerce, and navigation 873 January 14, 1859. Aves Island claims 883 August 27, 1860. Commerce, navigation, extradition, &c 885 April 25, 1866. Claims 895 WOrtemberg : April 10, 1844. Abolition of droit d'aubaine and taxes on emi- gration 898 October 13, 1853. (Accession.) Extradition 899 July 27, 1868. Naturlization ; extradition 900 Appendix 903 Treaties and Conventions chronologically arranged 923 Notes 927 Analytical index 1085 Synoptical index 1113 TEEATIE8 ALGIERS ALGIERS, 1795. A TREATY OF PEACE AND AMITY, CONCLUDED THIS PRESENT DAY I— IMA ARTISI, THE TWENTY-FIRST OF THE LUNA SAFER, YEAR OF THE HEGIRA 1210, CORRESPONDING WITH SATURDAY, THE FIFTH OF SEPTEMBER, ONE THOUSAND SEVEN HUNDRED AND NINETY-FIVE, BETWEEN HASSAN BASHAW, DEY OF ALGIERS, HIS DIVAN AND SUBJECTS, AND GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES OF NORTH AMERICA, AND THE CITIZENS OF THE SAID UNITED STATES. Concluded September 5, 1795. Ratification advised by Senate March 2, 1796. Article I. From the date o£ the present treaty there shall subsist a firm and sincere peace and amity between the President and citizens of the United States of North America and Hassan Bashaw, Dey of Algiers, his Divan and subjects; the vessels and subjects of both nations reciprocally treating each other with civility, honor, and respect. Article II. All vessels belonging to the citizens of the United States of North America shall be permitted to enter the different ports of the commercial mwr- Regency, to trade with our subjects, or any other persons c °"'° e - residing within our jurisdiction, on paying the usual duties at our cus- tom-house that is paid by all nations at peace with this Regency ; observ- ing that all goods disembarked and not sold here shall be permitted to be re-embarked without paying any duty whatever, either for disembark- ing or embarking. All naval and military stores, such as gunpowder, lead, iron, plank, sulphur, timber for building, tar, pitch, rosin, turpen- tine, and any other goods denominated naval and military stores, shall be permitted to be sold in this Regency without paying any duties whatever at the custom-house of this Regency. Article III. The vessels of both nations shall pass each other without any impedi- ment or molestation ; and all goods, moneys, or passengers, VeS3els „„, tob . of whatsoever nation, that may be on board of the vessels ">°^ ui - belonging to either party shall be considered as inviolable, and shall be allowed to pass unmolested. 10 TREATIES AND CONVENTIONS. Article IV. All ships of war belonging to this Regency, on meeting with merchant- vessels belonging to citizens of the United States, shall be„allowed to visit them with two persons ouly beside the rowers ; these two only per- mitted to go on board said vessel without obtaining express leave from p-wort. of ve 9 aei» the commander of said vessel, who shall compare the pass- aud.hip,of »..,. p 0rt; an(i immediately permit said vessel to proceed on her voyage unmolested. All ships of war belonging to the United States of North America, on meeting with an Algerine cruiser, and shall have seen her passport and certificate from the Consul of the United States of North America, resident in this Regency, shall be permitted to pro- ceed on her cruise unmolested ; no passport to be issued to any ships but such as are absolutely the property of citizens of the United States, and eighteen months shall ba the term allowed for furnishing the ships of the United States with passports. Article V. No commander of any cruiser belonging to this Regency shall be NoAkerinecruiser allowed to take any person, of whatever nation or denomi- "uWaveTei'oTtb" nation, out of any vessel belonging to the United States of u-ited sue*. North America, in order to examine them, or under pretence of making them confess anything desired ; neither shall they inflict any corporal punishment, or any way else molest them. Article VI. If any vessel belonging to the United States of North America shall strand vessel of be stranded on the coast of this Regency, they shall receive irnited states. every possible assistance from the subjects of this Regeucy. All goods saved from the wreck shall be permitted to be re-embarked on board of any other vessel without paying any duties at the custom- house. Article VII. The Algerines are not, on any pretence whatever, to give or sell any sale of vessels of vessel of war to any nation at war with the United States of """• North America, or any vessel capable of cruising to the detriment of the commerce of the United States. Article VIII. Any citizen of the United States of North America, having bought any pa,.port, for ve.- prize condemned by the Algerines, shall not be again cap- sels - tured by the cruisers of the Regency then at sea, although they have not a passport; a certificate from the Consul Resident being deemed sufficient until such time they can procure such passport. Article IX. If any of the Barbary States at war with the United States of North America shall capture any American vessel and bring her Sale of prises. .^ ^ Qf ^ portg Qf ^jg JJeggugy^ f^gy g Qall not be per mitted to sell her, but shall depart the port on procuring the requisite supplies of provision. Treatment of ships of United ALGIERS, 1795. 11 Article X. Any vessel belonging to the United States of North America, when at war with any other nation, shall be permitted to send their . , ■• , /■• j i -i-» t t t • United States prizes. prizes into the ports ot the Regency, have leave to dispose of them without paying any duties on sale thereof. All vessels wanting provisions or refreshments shall be permitted to buy them at market price. Article XI. All ships of war belonging to the United States of North America, on anchoring in the ports of the Regency, shall receive the usual presents of provisions and refreshments gratis. <>"*'" Should any of the slaves of this Regency make their escape on board said vessels, they shall be immediately returned. No excuse shall be made that they have hid themselves amongst the people and cannot be found, or any other equivocation. Article XII. No citizen of the United States of North America shall be obliged to redeem auy slave against his will, even should he be his brother ; neither shall the owner of a slave be forced to sell him against his will, but all such agreements must be made by consent of parties. Should any American citizen be taken on board an enemy ship by the cruisers of this Regency, having a regular pass- port specifying they* are citizens of the United States, they PM8IH " t8 ° r " m< shall be immediately set at liberty. On the contrary, they having no passport, they and their property shall be considered lawful prize, as this Regency know their friends by their passports. Article XIII. Should any of the citizens of the United States of North America die within the limits of this Regency, the Dey and his subjects shall not interfere with the property of the deceased; but or vSlll stS« d"' it shall be under the immediate direction of the Consul, un- memt oReee " cy - less otherwise disposed of by will. Should there be no Consul, the effects shall be deposited in the hands of some person worthy of trust until the party shall appear who has a right to demand them, when they shall render an account of the property. Neither shall the Dey or Divan give hindrance in the execution of any will that may appear. Article XIV. No citizen of the United States of North America shall be obliged to purchase any goods against his will, but on the contrary, „ iti ru s ^ shall be allowed to purchase whatever it pleaseth him. The *£<■«> Ecl^/Hil Consul of the United States of North America, or any other l^ t £f S O0 o? citizen, shall not be amenable for debts contracted by any one of their own nation, unless previously they have given a written obli- gation so to do. Should the Dey want to freight any American vessel that may be in the Regeucy, or Turkey, said vessel not being engaged, in consequence of the friendship subsisting between the two nations he 12 TREATIES AND CONVENTIONS. expects to have the preference given him, on his paying the same freight offered by any other nation. Article XV". Any disputes or suits at law that may take place between the subjects of the Regency and the citizens of the United States of North America shall be decided by the Dey in person, and no other. Any disputes that may arise between the citizens of the United States shall be decided by the Consul, as they are in such cases not sub- ject to the laws of this Regency. Article XVI. Should any citizen of the United States of North America kill, wound, or strike a subject of this Regency, he shall be punished in the same manner as a Turk, and not with more severity. Should any citizen of the United States of North America in the above predicament, escape prison, the Consul shall not become answerable for him. Article XVII. The Consul of the United States of North America shall have every personal security given him and his household. He shall conmirfSe united have liberty to exercise his religion in his own house. All slaves of the same religion shall not be impeded in going to said Consul's house at hours of prayer. The Consul shall have liberty and personal security given him to travel, whenever he pleases, within the Regency. He shall have free license to go on board any vessel lying in our roads, whenever he shall think fit. The Consul shall have leave to appoint his own dragoman and broker. Article XVIII. Should a war break out between the two nations, the Consul of the United States of North America, and all citizens of said States, shall have leave to embark themselves and property unmolested on board of what vessel or vessels they shall think proper. Article XIX. 'Should the cruisers of Algiers capture any vessel having citizens of own*, or .iti..r the United States of North America on board, they hav- Zh*?; t her p . t o "t % ing papers to prove they are really so, they and their prop- »t liberty. erCv s h a u be immediately discharged. And should the ves- sels of the United States capture any vessels of nations at war with them, having subjects of this Regency on board, they shall be treated in like manner. Article XX. On a vessel of war belonging to the United States of North America salute, to v...,i» anchoring in our ports, the Consul is to inform the Dey of ofvar. U(ir arr ival, and she shall be saluted with twenty-one guns which she is to return in the same quantity or number. And the Dey will send fresb provisions on board, as is customary, gratis. ALGIERS, 1795. 13 Article XXI. The Consul of the United States of North America shall not be re- n™ entry for quired to pay duty for anything he brings from a foreign Con ™'- country for the use of his house and family. Article XXII. Should any disturbance take place between the citizens of the United States and the subjects of this Eegency, or break any article of this treaty, war shall not be declared immediately, but ^IZ'^s^Z everything shall be searched into regularly. The party in- bre " <:1, of t " saty - jured shall be made reparation. On the 21st of the Luna of Safer, 1210, corresponding with the 5th September, 1795, Joseph Donaldson, jun., on the part of s »mtobB M idto the United States of North America, agreed with Hassan thoDey - Bashaw, Dey of Algiers, to keep the articles contained in this treaty sacred and inviolable, which we, the Dey and Divan, promise to observe, on consideration of the United States paying annually the value of twelve thousand Algerine sequins in maritime stores. Should the United •States forward a larger quantity, the overplus shall be paid for in money by the Dey and Eegency. Any vessel that may be captured from the date of this treaty of peace and amity shall immediately be delivered up on her arrival in Algiers. VIZIR HASSAN BASHAW.- JOSEPH DONALDSON, Jun. [Seal of Algiers stamped at the foot of the original treaty in Arabic] • To all to whom these presents shall come or be made known : Whereas the underwritten, David Humphreys, hath been duly ap- pointed Commissioner Plenipotentiary by letters-patent, under the sig- nature of the President and seal of the United States of America) dated the 30th of March, 1795, for negotiating and concluding a treaty of peace with the Dey and Governors of Algiers ; whereas, by instruc- tions, given to him on the part of the Executive, dated the 28th of March and 4th of April, 1795, he hath been further authorized to employ Joseph Donaldson, junior, on an agency in the said business; whereas, by a writing under his hand and seal, dated 21st May, 1795, he did consti- tute and appoint Joseph Donaldson, junior, agent in the business afore- said ; and the said Joseph Donaldson, jun., did, on the 5th of September, 1795, agree with Hassan Bashaw, Dey of Algiers, to keep the articles of the preceding treaty sacred and inviolable : Now know ye that I, David Humphreys, Commissioner Plenipoten- tiary aforesaid, do approve and conclude the said treaty, and every article and clause therein contained ; reserving the same, nevertheless, for the final ratification of the President of the United States of Amer- ica, by and with the advice and consent of the Senate of the said United States. In testimony whereof I have signed the same with my hand and seal, at the city of Lisbon, this 28th of November, 1795. [L. s.] DAVID HUMPHEEYS. 14 TEEATIES AND CONVENTIONS. ALGIEBS, 1815. TREATY OF PEACE AND AMITY. Concluded June 30 and July 6, 1815. Ratification advised by Senate December 21, 1815. Ratified by President December 26, 1815. Proclaimed December 26, 1815. Article I. There shall be, from the conclusion of this treaty, a firm, inviolable, and universal peace and friendship between the President pe«=..»df„«,d.h,p. and eidzens of the United States of America on the one part, and the Dey and subjects of the Eegency of Algiers, in Barbary, ou the other, made by the free consent of both parties and on the terms of Favors m »,,*.. the most favored nations. And if eitber party shall here- uon and commerce. a ffe r grant to any other nation any particular favor or priv- ilege in navigation or commerce, it shall immediately become common to the other party ; freely, when it is freely granted to such other nations, but when the grant is conditional, it shall be at the option of the con- tracting parties to accept, alter, or reject such conditions, in such man- ner as shall be most conducive to their respective interests. Article II. It is distinctly understood between the contracting parties, that no tribute, either as biennial presents, or under anv other form Abolition of tribute. ' ■, in i ■-.■.,. -r-w or name whatever, shall ever be required by the Dey ana Eegency of Algiers from the United States of America, on any pretext whatever. Article III. The Dey of Algiers shall cause to be immediately delivered up to the American cities American squadron now off Algiers all the American cifci- « be delivered up. zens now j n n j s possession, amounting to ten, more or less ; and all the subjects of the Dey of Algiers, now in possession of the United States, amounting to five hundred, more or less, shall be deliv- ered up to him ; the United States, according to the usages of civilized nations, requiring no ransom for the excess of prisoners in their favor. Article IV. A just and full compensation shall be made by the Dey of Algiers to i n dem»i„ctio„ « such citizens of the United States as have been captured SS >nd™/S and detained by Algerme cruisers, or who have been forced property, &c. to abandon their property in Algiers, in violation of the twenty-second article of the treaty of peace and amity concluded be- tween the United States and the Dey of Algiers on the fifth of Septem- ber, one thousand seven hundred and ninety-five. And it is agreed between the contracting parties, that, in lieu of the above, the Dey of Algiers shall cause to be delivered forthwith into the hands of the American Consul residing at Algiers, the whole of a quan- tity of bales of cotton left by the late Consul-General of the United States in the public magazines in Algiers ; and that he shall pay into the. hands of the said Consul the sum of ten thousand Spanish dollars ALGIERS, 1815. 15 Article V. If any goods belonging to any nation with which either of the parties are at war should be loaded on board vessels belonging to the other party, they shall pass free and unmolested, and no attempts shall be made to take or detain them. Article VI. If any citizens or subjects, with their effects, belonging to either party, shall be found on board a prize vessel taken from an *■ 1,1 it i i-i_. i • i_ i 11 , Citizens or subjects enemy by the other party, such citizens or subjects shall be taken on board » n liberated immediately, and in no case, or on any other pre- tence whatever, shall any American citizen be kept in captivity or con- finement, or the property of any American citizen found on board of any vessel belonging to any other nation with which Algiers may be at war be detained from its lawful owners after the exhibition of sufficient proofs of American citizenship and of American property, by the Consul of the United States residing at Algiers. Article YII. Proper passports shall immediately be given to the vessels of both the contracting parties, on condition that the vessels of war ,, . i i ? -1-* /»*-.• , • ■ 1 1 Passports to vessels belonging to the Eegency of Algiers, on meeting with mer- of em* party. Ki.ht chant-vessels belonging to the citizens of the United States of America, shall not be permitted to visit them with more than two per- sons besides the rowers; these only shall be permitted to go on board with- out first obtaining leave from the commander of said vessel, who shall compare the passport, and immediately permit said vessel to proceed on her voyage ; and should any of the subjects of Algiers insult or molest the commander, or any other person, on board a vessel so Ab „, of ri , ht oS visited, or plunder any of the property contained in her, on " isit - complaint being made by the Consul of the United States residing in Algiers, and on his producing sufficient proof to substantiate the fact, the commander or rais of said Algerine ship or vessel of war, as well as the offenders, shall be punished in the most exemplary manner. All vessels of war belonging to the United States of America, on meeting a cruiser belonging to the Regency of Algiers, on having seen her passports and certificates from the Consal ^u^^m^mk of the United States residing in Algiers, shall permit her be °" >le8ted - to proceed on her cruise unmolested and without detention. ~No passport shall be granted by either party to any vessels but such as are absolutely the property of citizens or subjects of the said contracting parties, on any pretence whatever. Article VIII. A citizen or subject of either of the contracting parties having bought a prize vessel condemned by the other party, or by any other whnt»haiibe.nni- nation, the certificates of condemnation and bill of sale shall ™™v™v>«. be a sufficient passport for such vessel for six months; which, consider- ing the distance between the two countries, is no more than a reason- able time for her to procure proper passports. Article IX. Vessels of either of the contracting parties putting into ports of the other, and having need of provisions or other supplies, shall roviei0I19 be furnished at the market price; and if any such vessel 16 TREATIES AND CONVENTIONS. should so put in from a disaster at sea, and have occasion to repair, vend, obliged to she shall be at liberty to land and re-embark her cargo with- re P «,r. out p ay j n g any customs or duties whatever ; but in no case shall she be compelled to land her cargo. Article X. Should a vessel of either of the contracting parties be cast on shore wred. within the territories of the other, all proper assistance shall be given to her crew ; no pillage shall be allowed; the prop- erty shall remain at the disposal of the owners ; and, if reshipped on board of any vessel for exportation, no customs or duties whatever shall be required to be paid thereon, and the crew shall be protected and succored until they can be sent to their own country. Article XI. If a vessel of either of the contracting parties shall be attacked by an enemy within cannon-shot of the forts of the other, she shall S eis ro m c th" porToV be protected as much as is possible. If she be in port she shall not be seized or attacked when it is in the power of the other party to protect her ; and, when she proceeds to sea, no enemy shall be permitted to pursue her from the same port within twenty-four hours after her departure. Article XII. The commerce between the United States of America and the Eegency Mo.t favored nation of Algiers, the protections to be given to merchants, masters ciau.e. f vesse i S) an( j seamen, the reciprocal rights of establishing Consuls in each country, and the privileges, immunities, and jurisdic- tions to be enjoyed by such Consuls, are declared to be on the same footing, in every respect, with the most favored nations, respectively. Article XIII. The Consul of the United States of America shall not be responsible co„*«*<<>*•> 20 TREATIES AND CONVENTIONS. 'citizen be kept in captivity or confinement, or the property of any Amer- ican citizen found on board of any vessel belonging to any nation with which Algiers may be at war, be detained from its lawful owners after the exhibition of sufficient proofs of American citizenship and American property, by the Consul of the United States residing at Algiers. Article VII. Proper passports shall immediately be given to the vessels of both the p to es contracting parties, on .condition that the vessels of war be- ii'vlflf' 1 '"'"' 1 "' l° n gi n g to the Eegency of Algiers, on meeting-with merchant vessels belonging "to the citizens of the United States of America, shall not be permitted to visit them with more than two persons besides the rowers ; these only shall be permitted to go on board without first obtaining leave from the commander of said vessel, who shall com- pare the passports, and immediately permit said vessel to proceed on her voyage ; and should any of the subjects of Algiers insult or molest the ofr e ,>der S ? bu s m s commander, or any other person on board a vessel so visited, tw right «.f visit, or pi an d er any of the property contained in her, on com- plaint being made to the Consul of the United States residing in Algiers, and- on his producing sufficient proofs to substantiate the fact, the com- mander or rais of said Algerine ship or vessel of war, as .well as the offenders, shall be punished in the most exemplary manner. All vessels of war belonging to the United States of America, on meet-. Treatment or Ai ™ g a cru i ser belonging to the Eegency of Algiers, on having »«i£e"m",'e™ pro' seen her passports and certificates from the Consul of the ^sports. rj n it eL i States residing in Algiers, shall permit her to proceed on her cruise unmolested, and without detention. No passport shall be granted by either party to any vessels but such as are absolutely the property of citizens or subjects of the said contracting parties, on any pretense whatever. Article VIII. A citizen or subject of either of the contracting parties having bought wi„t shaii besur- a prize vessel condemned by the other party, or by any other .identpassport. nation, the- certificates of condemnation and bill of saie shall be a sufficient passport for such vessel for six months; which, considering the distance between the two countries, is no more than a reasonable time for her to procure passports. Article IX. Vessels of either of the contracting parties putting into the ports of Furnishing o, p™. the other, and having need of provisions or other supplies, T „i=™. S n a ii be furnished at the market price ; and if any such vessel should so put in from a disaster at sea, and have occasion to repair, she Landm, of cargo sha1 . 1 be afc libert y to ] a*>ited ' unless he gives previously written obligations so to do. SrXlilFSi- Article XIV. On a vessel or vessels of war belonging to the United States anchoring before the city of Algiers, the Consul is to inform the Dey Vessel ., of , war of of her arrival, when she shall receive the salutes which are, JJ| il f I1 d p t S. es r rr j 1 , il by treaty or custom, given to the ships of war of the most si " s - favored nations on similar occasions, and which shall be returned gun for gun; and if, after such arrival, so announced,. any Christians what- ever, captives in Algiers, make their escape and take refuge on board any of the said ships of war, they shall not be required back again, nor shall the Consul of the United States or commander of the said ship be required to pay anything for the said Christians. Article XV. As the Government of the United States has, in itself, no character of enmity against the laws', religion, or tranquillity of any Religioim( , pi „ io „ B . nation, and as the said States have never entered into any voluntary war Or act of hostility except in defense of their just rights on the high seas, it is declared, by the contracting parties, that no pre- text arising from religious opinions shall ever produce an interruption of the harmony between the two nations ; and the Consuls and Agent's of both nations shall have liberty to celebrate the rights of their respect- ive religions in their own houses. The Consuls, respectively, shall have liberty and personal security given them to travel within the territories of each other by 5oiisulBm]iytrave , land and sea, and shall not be prevented from going on board wto.«.e umtorifi. any vessel they may think proper to visit; they snail like- wise have the liberty to appoint their own dragoman and broker. 22 TREATIES AND CONVENTIONS. Article XVI. In case of any dispute arising from the violation of any of the articles D^tes „•■,,». of ^is treaty no appeal shall be made to arms, nor shall war fron! ! "" 1 vio s iation""of be declared on any pretext whatever; but if the Consul residing at the place where the dispute shall happen shall not be able to settle the same, the Government of that country shall state their grievance in writing, and transmit the same to the Govern- ment of the other, and the period of three months shall be allowed for answers to be returned, during which time no act of hostility shall be permitted by either party ; and in case the grievances are not redressed, and a war should be the event, the Consuls, and citizens, and subjects of both parties, respectively, shall be permitted to embark with their effects unmolested on board of what vessel or vessels they shall think proper, reasonable time being allowed for that purpose. Article XVII. If, in the course of events, a war should break out between the two nations, the prisoners captured by either party shall not be made slaves; they shall not be forced to hard labor, or other confinement than such as may be necessary to secure their safe-keeping, and shall be exchanged rank for rank; and it is agreed that prisoners shall be exchanged in twelve months after their capture ; and the exchange may be effected by any private individual legally authorized by either 'of the parties. Article XVIII. If any of the Barbary Powers, or other States at war with the United case of war be- States, shall capture any American vessel and send her into 3 e °S ed par5! any port of the Regency of Algiers, they shall. not be per- -TrMtmentofpri.ee. mitted to sell her, but shall be forced to "depart the port on procuring the requisite supplies of provisions ; but the vessels of war of the United States, with any prizes they may capture from their enemies, shall have liberty to frequent the ports of Algiers for refreshment of any kind, and to sell such prizes in the said ports, without paying any other customs or duties than such as are customary on ordinary com- mercial importations. Article XIX. If any of the citizens of the United States, or any persons under settlement of die- their protection, shall have any disputes with each other, putes i» 8 ener»i. t ^ e Consul shall decide between the parties; and whenever the Consul shall require any aid or assistance from the Government of Algiers to enforce his decision, it shall be immediately granted to him ; and if any disputes shall arise between any citizens of the United States and the citizens or subjects of any other nations having a Consul or Agent in Algiers, such disputes shall be settled by the Consuls or Agents of the respective nations; and any disputes or suits of law that may take place between any citizens of the United States and the subjects of the Regency of Algiers, shall be decided by the Dey in person, and no other. Article XX. If a citizen of the United States should kill, wound, or strike a sub- f ■ u ject of Algiers, or, on the contrary, a subject of Algiers should kill, wound, or strike a citizen of the United States ALGIERS, J 816. 23 the law of the country shall take place, and equal justice shall be rendered, the Consul assisting at the trial ; but the sentence of punish- ment against an American citizen shall not be greater or more severe than it would be against a Turk in the same predicament; and if any delinquent should make his escape, the Consul shall not be responsible for him in any manner whatever. Article XXI. The Consul of the United States of America shall not be required to pay any customs or duties whatever on anything he im- pantry for ex- ports from a foreign country for the use of his house and mocv^uisma. family. Article XXIJ. Should any of the citizens of the United States of America die within the Eegency of Algiers, the Dey and his subjects shall not CiUltMB of Unite<1 interfere witL the property of the deceased, but it shall be ""»(££,' SI'" under the immediate direction of the Consul, unless otherwise Biors - disposed of by will. Should there be no Consul, the effects shall be deposited in the hands of some person worthy of trust, until the party shall appear who has a right to demand them, when they shall render an account of the property; neither shall the Dey or his subjects give hinderance in the execution of any will that may appear. ARTICLE ADDITIONAL AND EXPLANATORY. The United States of America, in order to give to the Dey of Algiers a proof of th«ir desire to maintain the relations of peace -.•,-11 , ■■ , /»i_-, i j Eighteenth article and amity between the two powers upon a footing the most °f the forego™ liberal, and in order to withdraw any obstacle which might embarrass him in his relations with other States, agree to annul so much of the eighteeith article of the foregoing treaty as gives to the United States any advantage in the ports of Algiers over the most favored nations having treaties with the Eegency. Done at thepalace of the Government, in Algiers, on the 22d day of December, 1816, which corresponds to the third of the Moon Safar, year of the Hegira 1232. Whereas the undersigned William Shaler, a citizen of the State of Xew York, and Isaac Chauncey, Commander in Chief of the Naval Forces of the United States stationed in the Mediterranean, being duly ap- pointed Commissioners, by letters-patent under the signature of the President and seal of the United States of America, bearing date at the city of Washington, the 24th day of August, A. D. 1816, for negotiating aid concluding the renewal of a treaty of peace between the United States of America and the Dey and subjects of the Eegency of Algiers, we, therefore, William Shaler and Isaac Chauncey, Commissioners as aforesaid, do conclude the foregoing treaty, and every article and clause therein contained, reserving the same, nevertheless, for the final ratifi- cation of the President of the United States of America, by and with the advice and consent of the Senate of the United States. Done in the chancery of the Consulate General of the United* States, in the city of Algiers, on the 23d day of December, in the year 1816, and •of the independence of the United States the forty-first. L. s.l WM. SHALEE. L. s.] • I. CHAUXCEY. £The signature of the Dey is stamped at the beginning and end of the treaty.} ARGENTINE CONFEDERATION AEGENTINE CONFEDEBATIOJSJ, 1853.* TREATY WITH THE ARGENTINE CONFEDERATION, CONCLUDED JULY 10,. 1853; RATIFICATIONS EXCHANGED DECEMBER 20. 1854; PROCLAIMED APRIL 9, 1855. Treaty for the free navigation of the rivers Parana and Urimuay, beticeen the United States and the Argentine Confederation. The President of the United States and His Excellence the Provi- ional Director of the Argentine Confederation, being desir- ous of strengthening the bonds of friendship jvhich so hap- pily subsist between their respective States and countries, arid convinced that the surest means of arriving at this result is to takefin concert all the measures requisite for facilitating and developing commercial rela- tions, have resolved to determine by treaty the conditions of the free navigation of the rivers Parana and Uruguay, and thus \o remove the obstacles which have hitherto impeded this navigation. With this ob- ject they have named as their Plenipotentiaries, that is tf say : The President of the United States, Eobert 0. Schendb, Envoy Ex- traordinaryandMinisterPlenipotentiaryof theUnited States to Brazil, and John S. Pendleton, Charge" d'affaires of the United States to the Argentine Confederation ; and His Excellency the Provisional Director of the Argentine Confederation, Dictor Don Sal- vador Maria del Carril, and Doctor Don Jose" Benjamin Gorostiaga ; "Who, after having communicated to each other their fulj powers found in good and due form, have agreed upon the following aricles : Article I. The Argentine Confederation, in the exercise of her sovereign rights, ■ree rmvi-atian or concer l es tae ^ Tee navigation of the rivers Parana and Uru- neiSmTKi guay, wherever they may belong to her, to the merchant vessels of all nations, subject only to the conditions wl^ch this treaty establishes, and to the regulations sanctioned, or which imy hereafter be sanctioned, by the national authority of the Confederation Article II. \ Consequently, the said vessels shall be admitted to remain, load, and xo^in, mi u„- unload in the places and ports of the Argentine Confed- ioadi»g. eration which are open for that purpose. Article III. The Government of the Argentine Confederation, being desirous to provide every facility for interior navigation , agrees to main- B « a . U d> W ta. tain beacons and marks pointing out the channels. * Vol. X, Statutes at Large, p. 1001 et seq. ARGENTINE CONFEDERATION, 1853. 25 Article IV. A uniform system shall be established by the competent authorities of the confederation, for the collection of the custom-house du- Corie ,. tio „ of d „. ties, harbor, lights, police, and pilotage dues along the whole tL ' aa » dd " 8 >- course of the waters which belong to the Confederation. Article V. The high contracting parties, considering that the Island of Martin Garcia may, from its position, embarrass and impede the ^ free navigation of the confluents of the river Plate, agree po.B°»S™«ie'Si-' , , °. . „ , .it * n j_i • • -l and of Martin Garcia. to use their influence to prevent the possession of the said island from being retained or held by any State of the river Plate, or its confluents, which shall not have given its adhesion to the principle of their free navigation. Article YI. If it should happen (which God forbid) that war should break out be- tween any of the States, Republics, or Provinces, of the river KBV ; e » tiOT of 3aid Plate or its confluents, the navigation of the rivers Parana and riTera '" time ofwari Uruguay shall remain free to the merchant flag of all nations, excepting in what may relate to munitions of war, such as arms pf all kinds, gun- powder, lead, and cannon balls. ■ ft Article VII. Power is expressly reserved to His Majesty the Emperor of Brazil, and the Governments of Bolivia, Paraguay, and the Oriental State American of Uruguay, to become parties to the present treaty, in case ^°f£"S e £™°3P they should be disposed to apply its principles to the parts of the rivers Parana, Paraguay, and Uruguay, over which they may respectively possess fluvial rights. Article VIII. The principal objects for which the rivers Parana and Uruguay are declared free to the commerce of the world, being to extend Mort favored na . the mercantile relations of the countries which border them, ''?" cl ' luse - and to promote immigration, it is hereby agreed that no favor or immu- nity shall be granted to the flag or trade of any other nation which shall not equally extend to those of the United States. ■ Article IX. The present treaty shall be ratified on the part of the Government of the United States within fifteen months from its date, and within two days by His Excellency the Provisional Director of the Argentine Confederation, who shall present it to the first Legislative Congress of the Confederation, for their approbation. The ratifications shall be exchanged at the seat of Government of the Argentine Confederation, within the term of eighteen months. In witness whereof, the respective Plenipotentiaries have signed this treaty, and affixed thereto their seals. Done at San Jos6 de Plores, on the tenth day of July, in the year of our Lord one -thousand eight hundred and fifty- three. "seal.] ROB'T C. SCHENCK. SEAL.] JNO. S. PENDLETON. seal.] SALVADOR MA. DEL CARRIL. SEAL.l JOSE B. GOROSTIAGA. 26 TREATIES AND CONVENTIONS. • AEGENTINE CONFEDEEATIOJST, 1853.* TREATY. WITH THE ARGENTINE CONFEDERATION, CONCLUDED JULY 27, 1853; RATIFICATIONS EXCHANGED DECEMBER 30, 1854; PROCLAIMED APRL 19, 1855. Treaty of Friendship, Commerce, and Navigation, betzveen the United States and the Argentine Confederation. Commercial intercourse h aving been for some tmae established between the United States and the Argentine Confederation, it seems good for the security as well as the encouragement of such commercial intercourse, and for the maintenance of good understanding between the two Governments, that the relations now subsisting between them should be regularly acknowledged and confirmed by the signing of a treaty of friendship, commerce, and navigation ; for this purpose they have nominated their respective Plenipotentiaries, that is to say : The President of the United States, Eobert C. Schenck, Envoy Extra- Ne inters ordinary and Minister Plenipotentiary of the United States to Brazil, and John S. Pendleton, Charge" d'Affaires of the United States to the Argentine Confederation ; and His Excellency the Provisional Director of the Argentine Confederation, Doctor Don Sal- vador Maria del Carril, and Doctor Don Jos6 Benjamin Gorostiaga; Who, after having communicated to each other their full powers, found in good and due form, have agreed upon the following articles : Article I. There shall be perpetual amity between the United States and their perpetual amity, citizens on the one part, and the Argentine Confederation and its citizens on the other part. Article II. There shall be between all the territories of the United States and all Freedom or com- the territories of the Argentine Confederation a reciprocal' merce. freedom of commerce. The citizens of the two countries, respectively, shall have liberty, freely and securely, to come with their ships and cargoes to all places, ports, and rivers in the territories of either, to which other foreigners, or the ships or cargoes of any other foreign nation or State, are, or maybe, permitted to come; to enter into the same, and to remain or reside, in any part thereof, respectively; to hire and occupy houses and warehouses, for the purposes of their resi- dence and commerce ; to trade in all kinds of produce, manufactures, and merchandise of lawful commerce; and generally to enjoy, in all their business, the most complete protection and security, subject to the s„ip, or w,r port S eneral laws and usages of the two countries respectively. °™ket' ml vn '" e """ In like manner, the respective ships of war, and post office or passenger packets of the two countries, shall have liberty, freely and securely, to come to all harbors, rivers, and places to which other foreign ships of war and packets are, or may be, permitted to come; to enter into the same, to anchor and remain there and refit, subject always to the laws and usages of the two countries respectively. Article III. The two high contracting parties agree that any favor, exemption Met favored -a- privilege, or immunity whatever, in matters of commerce or -tion cuuse. navigation, which either of them has actually granted or * Vol. X, Statutes at Large, p. 1005 et seq. AJSWJiJMiJNJii uuut ^DERATION, 1853. 27 may hereafter grant, to the citizens or subjects of any other govern- ment, nation, or state, shall extend, in identity of cases and circum- stances, to the citizens of the other contracting party, gratuitously, if the concession in favor of that other government, nation, or state, shall have been gratuitous; or, in return for an equivalent compensation, if the concession shall have been conditional. Article IV. No higher or other duties shall be imposed on the importation into the territories of either of the two contracting parties of any No iiK .„ mimlim ■ article of the growth, produce, or manufacture of the terri- S^m/Sow* tories of the other contracting party, than are, or shall be, or I, " ,d ° ce - , payable on the like article of any other foreign country ; nor shall any other or higher duties or charges be imposed in the territories 'of either of the contracting parties, on the exportation of any article to the terri- tories of the other, than such as are, or shall be, payable on the export- ation of the like article to any other foreign country; nor shall any pro-- hibition be imposed upon the importation or exportation of any article of the growth, produce, or manufacture of the territories of either of the contracting parties, to or from the territories of the other, which shall not equally extend to the like article of any other foreign country. Article V. ~No other or higher duties or charges, on account of tonnage, light or harbor dues, pilotage, salvage in case of average or ship- N . dl8criminatme wreck, or any other local charges, shall be imposed in the ^'""•"<"^,^- ports of the two contracting parties on the vessels of the other than those payable in the same ports on its own vessels. Article YI. The same duties shall be paid, and the same drawbacks and bounties allowed, upon the importation or exportation of any article into or from the territories of the United States or into or . Sa from the territories of the Argentine Confederation, whether such import- ation or exportation be made in vessels of the United States or in vessels of the Agentine Confederation. Article YII. The contracting parties agree to consider and treat as vessels of the United States and of the Argentine Confederation all those T u m ofve „ which, being furnished by the competent authority with a aeisfwhate'.Kbiis™. regular passport or sea-letter, shall, under the then existing "" laws and regulations of either of the two Governments, be recognized fully and bona fide as national vessels, by that country to which they respectively belong. Article YIIL All merchants, commanders of ships, and others, citizens of the United States, shall have full liberty, in all the territories of the Privilegea or citi . Argentine Confederation, to manage their own affairs them- «™"m B t» tradhi -i , .,,. ', ° n i and doing buaineaa. selves, or to commit them to the management of whomsoever they please, as broker, factor, agent, or interpreter ; nor shall they be obliged to employ any other persons in those capacities than those em- '28 TREATIES AND CONVENTIONS. ployed .by citizens of the Argentine Confederation, nor to pay them any other salary or remuneration than such as is paid in like eases by citi- zens of the Argentine Confederation. And absolute freedom shall be allowed in all cases to the buyer and seller, to bargain and fix the price of any goods, wares, or merchandise imported into, or exported from, the Argentine Confederation, as they shall see good— observing the laws and established customs of the country. The same rights and' privileges, in all respects, shall be enjoyed in the territories of the United States, by the citizens of the Argentine Confederation. The citizens of the two contracting parties shall reciprocally receive and enjoy full and perfect protection for their persons and property, and shall have free and open access to the courts of justice in the said countries respectively, for the prosecution and defense of their just rights, and they shall be- at liberty to employ in all cases such advo- cates, attorneys, or agents as they may think proper ; and they shall enjoy, in this respect, the same rights and privileges therein as native citizens. ' Article IX. In whatever relates to the police of the ports, the lading and unlad- ing of ships, the safety of the merchandise, goods, and effects, ject and to the acquiring and disposing of property of every sort and denomination, either by sale, donation, exchange, testament, or in any other manner whatsoever, as also to the administration of justice, the citizens of the two contracting parties shay, reciprocally enjoy the same privileges, liberties, and rights, as native citizens ; and they shall not be charged in any of those respects with any higher imposts or duties than those which are paid, or may be paid, by native citizens — submitting, of course, to the local laws and regulations of each country c a e of death or respectively. If any citizen of either of the two contract- tjy'm" toriforTo"? ing parties shall die without will or testament, in any of the the mher. territories of the other, the Consul General, or Consul of the nation to which the deceased belonged, or the representative of such Consul General or Consul, in his absence, shall have the right to inter- vene in the possession, administration, and judicial liquidation of the. estate of ihe deceased, conformably with the laws of the country, for the benefit of the creditors and legal heirs. Article X. The citizens of the United States residing in the Argentine Confed- Miitary.erwce eration ) an( l the citizens of the Argentine Confederation forcoi "A"llS, residing in the United States, shall be exempted from all compulsory military service whatsoever, whether by sea or by land, and from all forced loans, requisitions, or military exactions;. and they shall not be compelled, under any pretext whatever, to pay any ordinary charges, requisitions, or taxes, greater than those that- are paid by native citizens of the contracting parties respectively. Article XI. It shall be free for each of the two contracting parties to appoint c,™,,!. Consuls, for the protection of trade, to reside in any of the territories of the other party ; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the contracting par- ARGENTINE CONFEDERATION', 1853. 29 ties may except from the residence of Consuls such particular places as they judge fit to be excepted. The archives and papers of the consulates of the respective Govern- ments shall be respected inviolably, and under no pretext whatever shall any magistrate, or any of the local authorities, seize, or in any way interfere with them. The Diplomatic Agents and Consuls of the Argentine Confederation shall enjoy, in the territories of the United States, whatever privileges, exemptions, and immunities are, or shall be, DiS'ltST' Sent. granted to agents of the same rank, belonging to the most favored nation ; and, in like manner, the Diplomatic Agents and Con- suls of the United States, in the territories of the Argentine Confedera- tion, shall enjoy, according to the strictest reciprocity, whatever privi- leges, exemptions, and immunities are, or may' be, granted in the Argentine Confederation to the Diplomatic Agents and Consuls of the most favored nation. Article XII. For the better security of commerce between the United States and the Argentine Confederation, it is agreed that if, at anv ° . . , . f, f , . ' -., ° .-...' •' Treatment of citi- tiine, any interruption of friendly commercial intercourse, *«» ?r the other* or any rupture, should unfortunately take place between the two contracting parties, the citizens of either of them, residing in the territories of the other, shall have the privilege of remaining and continuing their trade or occupation therein, without any manner of interruption, so long as they behave peaceably and commit no offense against the laws; and their effects and property, whether intrusted to individuals or to -the State, shall not be liable to seizure or sequestra- tion, or to any other demands than those which may be made upon the like effects or property belonging to the native inhabitants of the State in which such citizens may reside. Article XIII. The citizens of the United States, and the citizens of the. Argentine Confederation, respectively, residing in any of the territo- Prot< , ctio „ of <. it . ries of the other party, shall enjoy, .in their houses, persons, IITerl™ o? *1 and properties, the full protection of the Government. °"" 5r - They shall not'be disturbed, molested, nor annoyed in any manner, on account of their religious belief, nor in the proper exercise of their peculiar worship, either within their own houses or nehe """"> m ' in their own churches or chapels, which they shall be at liberty to build and maintain, in convenient situations, to be approved of by the local Government, interfering in no way with, but respecting the religion and customs of the country in which they reside. Liberty shall also be granted to the citizens of either of the contracting parties to bury those who may die in the territories of the other, in burial places of their own, which, in the same manner, may be freely established and maintained. Article XIV. The present treaty shall be ratified on the part of the Government of the United States within fifteen mouths from the date, ^ ion!i aud within three days by His Excellency the Provisional Director of the Argentine Confederation, who will also present it to the first Legislative Congress of the Confederation, for their approval. 30 TREATIES AND CONVENTIONS. The ratifications shall be exchanged at the seat of Government of the Argentine Confederation within the term of eighteen months. In 'witness whereof, the respective Plenipotentiaries have signed this treaty, and affixed thereto their seals. Done at San Jos6, on the twenty-seventh day of July, in the year of our Lord one thousand eight hundred and fifty-three. SEAL. SEAL. SEAL. SEAL. KOBEET C. SCHENCK. JNO. S. PENDLETON. SALVADOR MA. DEL CARREL. JOSE B. GOROSTIAGA. AUSTRIA. AUSTKIA, 1829.* TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE EMPEROR, OF AUSTRIA, CONCLUDED AUGUST 27, 1829; RATIFICATIONS EXCHANGED FEBRUARY 10, 1831; PRO- CLAIMED THE SAME DAY. The United States of America and His Majesty the Emperor of Aus- tria, King of Hungary and Bohemia, equally animated with the desire of maintaining the relations of good understand- ing which have hitherto so happily subsisted between their respective States, of extending, also, and consolidating the commercial intercourse between them, and convinced that this object cannot better be accom- plished than by adopting the system of an entire freedom of navigation and a perfect reciprocity, based upon principles of equity equally bene- ficial to both countries, have, in consequence, agreed to enter iDto nego- tiations for the conclusion of a treaty of commerce and navigation, for ■which purpose the President of the United States has conferred full powers on Martin Van Buren, their Secretary of State; and His Majesty the Emperor of Austria has conferred like powers on Lewis, Baron de Lederer, his said Majesty's Consul for the port of Xew York, and the said Plenipotentiaries having exchanged their said full powers, found in good and due form, have concluded and signed the following articles: ' Article I. There shall be between the territories of the high contracting parties a reciprocal liberty of commerce and navigation. The inhab- Freedom of cum . itants of their respective States shall mutually have liberty " ,erce - to enter the ports, places, and rivers of the territories of each party, wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories, in order to attend to their commercial affairs; and they shall enjoy, to that effect, the same security, protection, and privileges as natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there prevailing. Article II. Austrian vessels arriving, either laden or in ballast, in the ports of the United States of America, and, reciprocally, vessels of the TommB duties United States arriving, either laden or in ballast, in the ports &c - t0 be "■ v ' ke - of the dominions of Austria, shall be treated on their entrance, during their stay, and at their departure, upon the same footing as national vessels coming from the same place, -with respect to the duties of ton- nage, light-houses, pilotage, and port charges, as well as to the fees and perquisites of public officers and all other duties or charges of -whatever kind or denomination, levied in the name, or to the profit of the Govern- ment, the local authorities, or of any private establishment -whatsoever. * Vo\ VIII, fctatutes at Large, p. 3t8 et seq. 32 TREATIES AND CONVENTIONS. ARTICLE III. All kind of merchandise and articles of commerce, either the produce no discrimination of the soil or the industry of the United States of America, fc.datie.6. imports. or f any ther country, which maybe lawfully imported into the ports of the dominions of Austria, in Austrian vessels, may also be so imported in vessels of the United States of America, without paying other or higher duties or charges, of whatever kind or denomi- nation, levied in the name or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if the same merchandise or produce had been imported in Austrian vessels. And, reciprocally, all kind of merchandise and articles of commerce, either the produce of the soil or of the industry of the dominions of Austria, or of any other country, which may be lawfully imported into the ports of the United States, in vessels of the said States, may also be so imported in Austrian vessels without paying other or higher du- ties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private -establishments whatsoever, than if the same merchandise or produce had been imported in vessels of the United States of America. Article IV. To preventthe possibility of anymisunderstanding, it is hereby declared rK™i.n-*i ui» ^ na * tae stipulations contained in the two preceding articles cLwc™"'™""™ 1 '' are ! *° * neu ' fidl extent, applicable to Austrian vessels and their cargoes arriving in the ports of the United States of America; and, reciprocally, to vessels of the said States, and their car- goes arriving in the ports of the dominions of Austria, whether the said vessels clear directly from the ports of the country to which they respect- ively belong, or from the ports of any other foreign country. Article V. No higher or other duties shall be imposed on the importation into mom chorea Mon. tne United States of any article the produce or manufacture „„. of the ^ om j n j ons of Austria; and no higher or other duties shall be imposed on the importation into the dominions of Austria of any article the produce or manufacture of the United States, than are or shall be payable on the like article, being the produce or manufacture of any other foreign country. Nor shall any prohibition be imposed on the importation or exportation of any article the produce or manu- facture of the United States, or of the dominions of Austria, to or from the ports of the United States, or to or from the ports of the do- minions of Austria, which shall not equally extend to all other nations. Article VI. All kinds of merchandise and articles of commerce, either the produce no discrimination i„ of the soil or of the industry of the United States of America, Z"& an T7£ or of any other country, which may be lawfully exported or * orla reexported from the ports of the said United States in na- tional vessels, may also be exported or reexported therefrom in Aus- trian vessels, without paying other or higher duties or charges of what- ever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishment what- AUSTRIA, 1829. 33 soever, than if the same merchandise or produce had been exported or reexported in vessels of the United States of America. An exact reciprocity shall be observed in the ports of the dominions of Austria, so that all kinds of merchandise and articles of commerce either the produce of the soil or of the industry of the said dominions of Austria, or of any other country, which may be lawfully exported or reexported from Austrian ports in national vessels, may also be exported or reexported therefrom in vessels of the United States of America, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Govern- ment, the local authorities, or of any private establishments whatsoever, than if the same merchandise or produce had been exported or re- exported in Austrian vessels. -"--, And the same bounties and drawbacks shall be [allowed, whether such exportation or reexportation be made in vessels of the one party or of the other. Article VII. It is expressly understood and agreed that the coastwise navigation of both the contracting parties is altogether excepted from CoMtinB trade the operation of this treaty, and of every article thereof. Article VIII. No priority or preference shall be given, directly or indirectly, by either of the contracting parties, nor by any company, cor- ,. , ,. , -, . -, -i . ,. iii' Vessels of the par- . poration, or agent, acting on their behalf or under their ties to be equally &- authority, in the purchase of any article of commerce, law- fully imported, on account of or in reference to the character of the vessel, whether it be of the one party or of the other, in which such article was imported, it being the true intent and meaning of the con- tracting parties that no distinction or difference whatever shall be made in this respect. > Article IX. If either party shall hereafter grant to any other nation any particu- lar favor in navigation or commerce, it shall immediately i in .i i f t -i ■ j ■ /» i MoBt favored nation. become common to the other party freely, where it is freely granted to . such other nation, ■ or on yielding the same compensation when the grant is conditional. Article X. The two contracting parties hereby reciprocally grant to each other the liberty of having, each in the ports of the other, Con- ConBUl8] pri , iIege suls, Vice-Consuls, Agents, and Commissaries of their own ° r ' Su - appointment, who shall enjoy the same privileges and p,owers as those of the most favored nations. But if any such Consuls shall exercise com- merce, they shall be subjected to the same laws and usages to which the private individuals of their nation are subject in the same place, in respect of their commercial transactions. Article XI. The citizens or subjects of each party shall have power to dispose 'of their pergonal goods within the jurisdiction of the other, by JX^™,^ testament, donation, or otherwise; and their representatives, ™ h £ TiM ' J of tbe 3 34 TREATIES AND CONVENTIONS. being citizens or subjects of the other party, shall succeed to their per- sonal goods, whether by testament or ab intestato, and may take pos- session thereof, either by themselves or by others acting for them, and dispose of the same at their will, paying such dues, taxes, or charges only as the inhabitants of the country wherein the said goods are shall be subject' to pay in like cases. And in case of the absence of the representative, such care shall be taken of the said goods as would be taken of the goods of a native in like case, until the lawful owner may take measures for receiving them. And if any question should arise among several claimants to which of them said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. But this article shall not derogate in any manner from the force of the laws already published, or hereafter to be pub- lished, by His Majesty the Emperor of Austria, to prevent the emigration of his subjects. Article XII. The present treaty shall continue in force for ten years, counting Durat,o n of the from the day of the exchange of the ratifications ; and if treaty. twelve months before -the expiration of that period neither of the high contracting parties shall have announced by an official notifi- cation to the other its intention to arrest the operation of said treaty, it shall remain binding for one year beyond that time, and so on, until the expiration of the twelve months which will follow a similar notifica- tion, whatever the time at which it may take place. Article XIII. This treaty shall be approved and ratified by the President of the United States, by and with the advice and consent of the Seuate thereof, and by His Majesty the Emperor of Austria; and the ratifications shall be exchanged in the city of Washington, within twelve months from the date of the signature hereof,* or sooner if possible. In faith whereof the respective Plenipotentiaries have signed and sealed this treaty, both in the English and German languages, declaring, however, that, it having been originally composed in the former, the English version is to decide the interpretation, should any difference in regard to it unfortunately arise. Done in triplicate, at Washington, this twenty-seventh day of August, in the year of our Lord, one thousand eight hundred and twenty-nine. L. s.l M. VAX BUEEX. L. s.] L. BAEOX DE LEDEEEE. * This period was extended, with the advice and consent of the Senate, expressed in its resolution of February 3, 1831, and with the consent of the Emperor of Austria, expressed by his Minister in his certificate of the exchange of ratifications! February 10, 1831. AUSTRIA, 1848. 35 . ACTSTEIA, 1848.* CONVENTION FOE THE EXTENSION OP CERTAIN STIPULATIONS CONTAINED IN THE TREATY OF COMMERCE AND NAVIGATION OF 27th AUGUST, 1829, BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE EMPEROR OF AUSTRIA, CONCLUDED MAY 8, 1848 ; RATIFICATIONS EX- CHANGED AT WASHINGTON, FEBRUARY 23, 1850; PROCLAIMED FEB- RUARY 25, 1850. The United States of America and His Majesty the Emperor of Anstria having agreed to extend to all descriptions of property the exemption from dues, taxes, or charges, which was secured to the personal goods of their respective citizens and subjects by the eleventh article of the treaty of commerce and navigation which, was concluded between the parties on the 27th of August, 1829, and also for the purpose of increasing the powers granted to their respect- ive Consuls by the tenth article of said treaty of commerce and navi- gation, have chosen for this purpose their respective Plenipotentiaries, namely : The President of the United States of America has conferred fall powers on James Buchanan, Secretary of State of the United States ; and His Majesty the Emperor of Austria upon his Charg6 dAffaires to the United States, John George Hiilsemann ; Who, after having exchanged their said full powers, found in due and proper form, have agreed to and signed the following articles: Article I. The citizens or subjects of each of the contracting parties shall have power to dispose of their personal property within the States rasP osai or pro- of the other, by testament, donation, or otherwise; and their SVrw'm'tLf heirs, legatees, and donees, being citizens or subjects of ">w°f««>°u»r. the other contracting party, shall succeed to their said personal prop- erty, and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their pleasure, paying such duties only as the inhabitants of the country, where the said property lies, shall be liable to pay in like cases. Article II. Where, on the death of any person holding real property, or property not personal, within the territories of one party, such real Heir8 t0 rMl property would, by the laws of the land, descend on a citi- »<»"■»• zen or subject of the other, were he not disqualified by the laws of the country where such real property is situated, such citizen or subject shall be allowed a term of two years to sell the same, which term may be _ reasonably prolonged, according to circumstances, and to withdraw the "proceeds thereof, without molestation, and exempt from any other charges than those which may be imposed in like cases upon the inhab- itants of the country from which such proceeds may be withdrawn. Article III. In case of the absence of the heirs, the same care shall be taken, pro- visionally, of such real or personal property as would be Properljr ofabsent taken in a like case of property belonging to the natives heire - * Vol. IX, Statutes at Large, p. 944 et seq. 36 TREATIES AND CONVENTIONS. of the country, until the lawful owner or the person who has a right to sell the same, according to Article II, may take measures to receive or dispose of the inheritance. Article IV. The high contracting parties grant to each other the liberty of having, each in the ports of the other, Consuls, Vice-Consuls, Com? co„» i., *, mercial Agents, and Vice-Commercial Agents, of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nations; but if any of the said Consuls shall carry on- trade, they shall be subjected to the same laws and usages to which private individuals of their nation are subjected in the same place. The said Consuls, Vice-Consuls, Commercial and Vice-Commercial CW, or difle reMe Agents shall have the right as such to sit as judges and reeee™ "n'Tfteir arbitrators in such differences as may arise between the crews. masters and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or of the captain should disturb the order or tranquillity of the country ; or the said Consuls, Vice-Consuls, Commercial Agents, or Vice-Commercial Agents, should require their assistance in executing or supporting their own. decisions. But this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their own country. The said Consuls, Vice-Consuls, Commercial Agents, and Vice-Com- mercial Agents, are authorized to require the assistance of the local authorities for the search, arrest, and imprison- ment of the deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply in writing to the com- petent tribunals, judges, and officers, and shall demand said deserters, proving by the exhibition of the registers of the vessels, the muster-rolls of the crews, or by any other official documents, that such individuals form legally part of the crews ; and, on such claim being substantiated^ the surrender shall not be refused. Such deserters when arrested shall be placed at the disposal of the said Consuls, Vice-Consuls, Commercial Agents, and Vice- Commercial Agents, and maybe confined in the public prisons, at the request and cost of those who shall claim them, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. If, however, the deserter shall be found to have committed any crime or offense requiring trial, his surrender may be delayed until the tribunal before which his case shall be pending shall have pronounced its sen- tence, aud such sentence shall have been carried into effect. Article V. , The present treaty shall continue in force for two years, counting D„™tion„rt,«t from the day of the ex ? hari & e of its ratifications; and if r r twelve months before the expiration of that period neither of the high contracting parties shall have announced by an official notification to the other its intention to arrest the operation of said treaty, it shall remain binding for one year beyond that time, and so on until the expiration of the twelve months which will follow a similar notification, whatever the time at which it may take place. • AUSTRIA, 1856. 37 Article VI.* This convention is concluded subject to the ratification of the Presi- dent of the United States of America, by and with the advice and consent of the Senate thereof, and of His Majesty the Emperor of Austria; and the ratifications thereof shall be exchanged in Washington within the term of one year from the date of the sig- nature thereof, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the above articles, as well in German as in English, and have thereto affixed their seals. Done in the city of Washington, on the eighth day of May, one thousand eight hundred and forty-eight, in the seventy- second year of the independence of the United States of America, and in the fourteenth year of the reign of His Majesty the Emperor of Austria. L. s. l. s. JAMES BUCHANAN. HULSEMANK AUSTRIA, 1856. t CONVENTION WITH AUSTRIA, CONCLUDED JULY 3, 1856; RATIFICATIONS EXCHANGED DECEMBER 13, 1856; PROCLAIMED DECEMBER 15, 1856. Convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States on the one part, and Austria on the other part. Whereas it is found expedient, for the better administration Of justice and the prevention of crime within the territories and juris- diction of the parties, respectively, that persons commit- ting certain heinous crimes, being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, and also to enumerate such crimes explicitly ; and whereas the laws of Austria forbid the sur- render of its own citizens to a foreign jurisdiction, the Government of the United States, with a view of making the convention strictly recip- rocal, shall be held equally free from any obligation to surrender citizens of the United States ; therefore, on the one part the United States of America, and on the other part His Majesty the Emperor of Austria, having resolved to treat on this subject, have, for that purpose, appointed their respective Plenipotentiaries, to negotiate and conclude a conven- tion ; that is to say : The President of the United States, William L. Marcy, Secretary of State; and His Majesty the Emperor of Austria, John George ^' otM respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to com- mit murder or piracy, or arson, or robbery, or forgery, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, committed within the jurisdiction of either party, shall seek an asylum or shall be found within the terri- tories of the other: Provided, That this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person . so charged shall be found, would justify his apprehension and commibment for trial if the crime or offense had there been committed; and the respective judges and other magistrates of the two Governments shall have power, juris- diction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, re- spectively, to the end that the evidence of criminality may be heard and considered,- and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for {he surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. The provisions of the present convention shall not be applied, in any manner, to the crimes enumerated in the first article committed anterior to the date thereof nor to any crime or offense of a political character. Article II. Neither of the contracting parties shall be bound to deliver up its own xot to apply to citizens or subjects under the stipidations of this conven- either of the parties* +iryn own citizens. LIUAJ. Article III. Whenever any person accused of any of the crimes enumerated in this per,on» claimed convention shall have committed a new crime in the terri- r« fortes tories of the State where he has sought an asylum or shall coSry'whe," tney be found, such person shall not be delivered up, under the are round. stipulations of this convention, until he shall have been tried and shall have received the punishment due to such new crime, or shall have been acquitted thereof. Article IV. The present convention shall continue in force until the first of Jan- Duratio,. of ,h,» uary, eighteen hundred and fifty-eight ; and if neither party t re ,ty. sball have given to the other six months' previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the high contracting par- ties shall have given notice to the other of such intention ; each of the AUSTBIA, 1870. 39 high contracting parties reserving to itself the right of giving such notice to the other at any time after the expiration of the said 1st day of Jan- uary, 1858. Article V. The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by His Majesty the Emperor of Austria, and the ratifi- cations shall be exchanged at Washington within six months from the date hereof, or soon'er if possible. In faith whereof the respective Plenipotentiaries have signed this con- vention and have hereunto affixed their seals. Done in duplicate at Washington, the third day of July, in the year of our Lord one thousand eight hundred and fifty-six, and of . the Independence of the United States the eightieth. L. s.l W. L. MAECY. L. s. HULSEMANN. AUSTEIA, 1870. CONVENTION BETWEEN THE UNITED ^STATES AND AUSTBIA, CONCERN- ING THE RIGHTS, PRIVILEGES, AND IMMUNITIES OP CONSULS, &c, IN THE TWO COUNTRIES, SIGNED AT WASHINGTON, D. C, ON THE 11TH OP JULY, 1870. BATIFIED DECEMBER 19, 1870. The President of the United States of America, and His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hun- gary, animated by the desire to define in a comprehensive and precise manner the reciprocal rights, privileges, and immunities of the Consuls General, Consuls, Viee-Consuls, and Consular Agents (their Preamb i e Chancellors and Secretaries) of the United States of America and of the Austro-Hungarian Monarchy, and to determine their duties and their respective sphere of action, have agreed upon the conclusion of a consular convention, and for that purpose have appointed their re- spective Plenipotentiaries, namely : the President of the United States of America, Hamilton Fish, Secretary of State of the United States ; and His Majesty the Emperor pf Austria, Apostolic King of N< , gotiators Hungary, Charles, Baron von Lederer, Knight of the Impe- rial andBoyal Order of Leopold, and His Majesty's Envoy Extraordinary and Minister Plenipotentiary in the United'States of America, who, after communicating to each other their full powers, found -in good and due form, have agreed upon the following articles : Article I. Each of the high contracting parties shall be at liberty to establish Consuls General, Consuls, Viee-Consuls, or Consular Agents at the ports and places of trade of the other party, except those where it may not be convenient to recognize such officers ; but this exception shall not apply to one of the high contracting parties without also applying to every other other Power. Consuls General, C o C „X,\ ,??»"'-' Consuls, and other Consular officers appointed and taking ^t\°7oT t ° ndrec ' )e " office according to the provisions of this article, in one or the other of the .two countries, shall be free to exercise the right ac- 40 TREATIES AND CONVENTIONS. corded them by the present convention throughout the whole of the dis- trict for which they may be respectively appointed. The said function- aries shall be admitted and recognized respectively upon presenting their credentials in accordance with the rules and formalities established in their respective countries. The exequatur required for the free ex- ercise of their official duties shall be delivered to them free of charge; and upon exhibiting such exequatur they shall be admitted at once and without interference by the authorities, Federal or State, judicial or executive, of the ports, cities, and places of their residence and district, to the enjoyment of the prerogatives recipro- cally granted. Article II. The Consuls General, Consuls, Vice-Consuls, and Consular Agents, their chancellors, and other Consular Officers, if they are citizens Generat&°cJSi s s of the State which appoints them, shall be exempt from mili- mgtLmT ap "°" ,t ' tary billetings, from service in the military or the national guard, and other duties of the same nature, and from all di- rect and personal taxation, whether Federal, State, or municipal, pro- vided they be not owners of real estate, and neither carry on trade nor any industrial business. If, however, they are not citizens of the State which appoints them, Rieht, of ..me or if they are citizens of the State in which they reside, or if sta™ "°p t i'o"rt"*„°e they own property, or engage in any business there that is then1 - taxed under any laws of the' country, then they shall be sub- ject to the same taxes, charges, and assessments as other private indi- viduals. They shall, moreover, enjoy personal immunities, except for acts regarded as crimes by the laws of the country in which they reside. If they are engaged in commerce, personal detention can be resorted to in their case only for commercial liabilities, and then in accordance only with general laws, applicable to all persons alike. Article III. Consuls General, Consuls, and their Chancellors, Vice-Consuls and Con- Testimony „ sular Officers, if citizens of the country which appoints them, jSS'eofcotautaf shall not be summoned to appear as witnesses before a court &c - of justice, except when, pursuant to law, the testimony of a consul may be necessary for the defence of a person charged with crime. In other cases the local court, when it deems the testimony of a Consul necessary, shall either go to- his dwelling to have the testimony taken orally, or shall send there a competent officer to reduce it to writing, or shall ask of him a written declaration. Article IV. Consuls General, Consuls, Vice-Consuls, and Consular Agents shall be at liberty to place over the chief entrance of their respective offices the c„,„u„ &c to arms of their nati0I1 > wita th e inscription : " Consulate ge^tj to "hoist General," "Consulate," "Vice-Consulate," or "Consular Agency," as may be. They shall also be at liberty to hpist the flag of their country on the consular edifice, except when they reside in a city where the. legation of their Government may be established. They shall also be at liberty to hoist their flag on board the vessel em- ployed by them in port for the discharge of their duty. AUSTRIA, 1870. 41 Article V. The consular archives shall be at all times inviolable, and under no pretence whatever shall the local authorities be allowed to C o„»uiar archive. examine or seize the papers forming part of them. are in ™ w,te - Article VI. In the event of incapacity, absence, or death of Consuls General, Con- suls, Yice-Consuls, their Consular Pupils, Chancellors, or Sec- ETent - „ r deith of retaries, whose official character may have been previously Con9u1 ' &c - made known to the respective authorities in the United States, or in the Austro-Hungarian Empire, shall be admitted at once to the tem- porary exercise of the consular functions, and they shall, for the dura- tion of it, enjoy all the immunities, rights, and privileges conferred upon them by the convention. Article YII. Consuls General and Consuls shall have the power to appoint Vice- Consuls and Consular Agents inthe cities, ports, and towns po ^ orComul8 within their consular districts, subject, however, to the towStVictcoa'- approbation of the Government of the country where they reside. These Vice-Oonsuls and Consular Agents may be selected indis criminately from among citizens of the two countries or from foreigners, and they shall be furnished with a commission issued by the appointing Consul, under whose orders they are to be placed. They shall enjoy the privileges and liberties stipulated in this convention. To Vice-Consuls and to Consular Agents who are not citizens of the State which appoints them, the privileges and immunities specified in Article II shall not extend. Article VIII. Consuls (general, Consuls, Vice-Consuls, or Consular Agents of the two countries may, in the exercise of their duties^ apply to the . . authorities within their district, whether federal or local, **&!&£ mmS judicial or executive, in the event of any infraction of the treaties and conventions between the two countries ; also for the pur- pose of protecting the rights of their countrymen. Should the said authorities fail to take due notice of their application, they shall be at liberty, in the absence of any diplomatic representative of their country, to apply to the Government of the country where they reside. Article IX. Consuls General, Consuls, Vice-Consuls, or Consular Agents of the two countries, also their chancellors, shall have the right to take Po „ er „r con.ni., at their office, at the residence of the parties, or on board ^,%'SSll^t ship, the depositions of the captains and crews of vessels of fc their own nation, of passengers on board of them, of merchants, or any other citizens of their own country. They shall have the power also to receive and verify, conformably to the laws and regulations of their coun- try : 1st. Wills and bequests of their countrymen, and all such acts and contracts between their countrymen as are intended to be drawn up in an authentic form, and verified. 2nd. Any and all acts of agreement entered upon between citizens of their own country and inhabitants of the country where they reside. All such acts of agreement, and other 42 TREATIES AND CONVENTIONS. instruments, and also copies thereof, when duly authenticated by such Consul General, Consul, Vice-Consul, or Consular Agent under his official seals, shall be received in courts of justice as legal documents, or as authenticated copies, as the case may be, and shall have the same force and effect as if drawn up by competent public officers of one or the other of the two countries. Consuls General, Consuls, Yice-Consuls, or Consular Agents of the respective countries shall have the power to translate and legalize all documents issued by the authorities or func- tionaries of their own country, and such papers shall have the same force and effect in the country where the aforesaid officers reside as if drawn up by sworn interpreters. Article X. Consuls General, Consuls, Yice-Consuls, or Consular Agents shall beat liberty to go on board the vessels of their nation admitted te!X™°ri to entry, either in person or by proxy, and to examine the ™ b t» e „'tT;£e!J captain and crew, to look into the register of the ship, to ™ s t e rs a„d crew,, receive declarations with reference to their voyage, their destination, and the incidents of the voyage ; also, to draw up manifests, lists of freight, to assist in despatching their vessels, and finally to accompany the said captains or crews before the courts and before the administrative authorities, in order to act as their interpreters or agents in their business transactions or applications of any kind. The judicial authorities and custom-house officials shall in no case proceed to the examination or search of merchant vessels without previous notice to the consular authority of the nation to which the said vessels belong, in order to enable them to be present. They shall also give due notice to Consuls, Vice-Consuls, or Consular Agents, in order to enable them to be present at any depositions or state- ments to be made in courts of law, or before local magistrates, by cap- tains or persons composing the crew, thus to prevent errors or false in- terpretations which might impede the correct administration of justice. The notice to Consuls, Vice-Consuls, or Consular Agents shall name the hour fixed for such proceedings, and upon the nod-appearance of the said officers or their representatives, the case shall be proceeded with in their absence. Article XI. Consuls, Vice-Consuls, or Consular Agents, shall have exclusive charge of the internal order of the merchant vessels of their nation. putf^bSweefmas^ They shall have therefore the exclusive power to take cognizance of and to settle all differences which may arise at sea or in port between captains, officers, and crews in reference to wages and the execution of mutual contracts, subject in each case to the laws of their own nation. The local authorities shall in no way interfere, except in cases where the differences on board ship are of a nature to disturb the peace and public order in port or on shore, or when persons other than the officers and crew of the vessel are parties to the disturbance, except as aforesaid, the local authorities shall confine them- selves to the rendering of forcible assistance if required by the Consuls, Vice-Consuls, or Consular Agents, and shall cause the arrest, temporary imprisonment, and removal on board his own vessel of every person whose name is found on the muster-rolls or register of the ship or list of the crew. 43 Article XII. Consuls General, Consuls, Yice-Consuls, or Consular Agents, shall have the power to cause the arrest of all sailors or all other per- sons belonging to the crews of vessels of their nation who may he guilty of having deserted on the respective territories of the high contracting Powers, and to have them sent on board or back to their native country. To that end they shall make a written application to the competent local authority, supporting it by the exhibition of the ship's register and list of the crew, or else, should the vessel have sailed previously, by producing an authenticated copy of these documents, showing that the persons claimed really do belong to the ship's crew. Upon such request the surrender of the deserter shall not be refused. Every aid and assistance shall, moreover, be granted to the said consular authorities for the detection and arrest of deserters, and the latter 1 shall be taken to the prisons of the country and there detained at the request and expense of the consular authority until there may be an opportunity for sending them away. The duration of this imprisonment shall not exceed the term of three months, at the expiration of which time, and upon three days' notice to the consul, the prisoner shall be set free, and he shall not be liable to rearrest .for the same cause. Should, however, the deserter have committed on shore an indictable offence, the local authorities shall be free to postpone his extradition until due sentence shall have been passed and executed. The high contracting parties agree that seamen, or other individuals forming part of the ship's crew, who are citizens of the country in which the desertion took place, shall not be affected by the provisions of this article. Article XIII. In all cases where no other agreement to the contrary exists between owners, freighters, and insurers, all damages suffered at sea Sett i eme „t fd«ra- , by the vessels of the two countries, whether they enter the ^ v j;S™ d 3E respective ports voluntarily or by stress of weather, shall be v " t¥ - settled by the Consuls General, Consuls, Yice-Consuls, or Consular Agents of their respective nations, provided no interests of citizens of the coun- try where the said functionaries reside, nor of citizens of a third Power are concerned. In that case, and in the absence of a friendly compro- mise between all parties interested, the adjudication shall take place under supervision of the local authorities. Article XIV. In the event of a vessel belonging to the Government, or owned by a citizen of one of the two contracting States, being wrecked wrecks. or cast on shore iipon the coast of the other, the local au- thorities shall inform the Consuls General, Consuls, Vice-Consuls, orCon- sular Agents of the district of the occurrence, or if such Consular Agency does not exist, they shall communicate with the Consul General, Consul, Vice-Consul, or Consular Agent of the nearest district. All proceedings relative to the salvage of American vessels wrecked or cast on shore in Austro-Hungarian waters shall be di- ^^ rected by the United States Consuls General, Consuls, Vice- Consuls, or Consular Agents ; also all proceedings relative to the salvage of Austro-Hungarian vessels wrecked or cast on shore in American waters, shall be directed by Austro-Hungarian Consuls General, Consuls, Vice-Consuls, or Consular Agents. An interference of the local authorities in the two countries shall take 44 TREATIES AND CONVENTIONS. place for the purpose only of assisting the consular authorities in main- taining order and protecting the rights of salvors not belonging to the crew; also for enforcing the regulations relative to the import or export of the merchandise saved. In the absence and until the arrival of the Consuls General, Consuls, Yice-Consuls, or Consular Agents, or their duly appointed delegates, the local authorities shall take all the necessary measures for the protection of persons and preservation of the property saved from the wreck. No charges shall be made for the interference of the local authorities in such cases, except for expenses incurred through salvage and the preservation of property saved, also for those expenses which, under similar circumstances, vessels belonging to the country where the wreck happens would have to incur. In case of a doubt concerning the nationality of the wrecks, the local authorities shall have exclusively the management and execution of the provisions laid down in the present article. The high contracting parties also agree that all merchandise and goods not destined for consumption in the country in which the wreck takes place shall be free of all duties. Article XV. Consuls General, Consuls, Vice-Consuls, and Consular Agents also Con- Moat favosa »»- sular Pupils, Chancellors, and Consular Officers shall enjoyin *ir°ded pr to i, cons U 'S; the two countries all the liberties, prerogatives, immunities, * c - ' and privileges granted to functionaries of the same class of the most favored nation. Article XVI. In case of the death of a citizen of the United States in the Austrian- Death or citizen of Hungarian Monarchy, or of a citizen of the Austrian- Hun- one "co'uo"^ in\™r°- garian Monarchy in the United States, without having any known heirs or testamentary executors by him appointed, the competent local authorities shall inform the Consuls or Consular Agents of the State to which the deceased belonged of the circumstance, in order that the necessary information may be immediately forwarded to the parties interested. ' Article XVII. The present convention shall remain in force for the space of ten Duration of co„. years from the date of the exchange of the ratifications, vention. which shall be made in conformity with the respective con- stitutions of the two countries, and exchanged at Washington within the period of ten (10) months, or sooner, if possible.* In case neither of the contracting parties gives notice before the ex- piration of the said term of his intention not to renew this convention, it shall remain in force a year longer, and so on, from year to year, until the expiration of a year from the day on which one of the parties shall have given such notice. In testimony whereof the respective Plenipotentiaries have signed this convention, and hereunto affixed their respective seals. Done in duplicate at Washington, the eleventh day of July, in the year of our Lord one thousand eight hundred and seventy. SEAL.] HAMILTON FISH. SEAL.] LEDEBEB. * By resolution of the Senate the time for exchange of ratifications was extended three months. AUSTRIA, 1870. 45 AUSTRIA, 1870. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE AUSTRO-HUNGARIAN EMPIRE, RELATING TO NATURALIZATION, SIGNED AT VIENNA ON THE 20TH OP SEPTEMBER, 1870. RATIFIED MARCH 24, 1871. The President of the United States of America, and His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic Preanible King of Hungary, led by the wish to regulate the citizenship of those persons who emigrate from the United States of America to the territories of the Austro-Hungarian Monarchy, and from the Austro- Hungarian Monarchy to the United States of America, have resolved to treat on this subject, and have for that purpose appointed Plenipoten- tiaries to conclude a convention, that is to say : The President of the United States of America, John Jay, Envoy Extraordinary and Minister Plenipotentiary from the United Neg()tiator8 States to His Imperial and Royal Apostolic Majesty; and His Majesty the Emperor of Austria, etc., Apostolic King of Hungary, the Count Frederick Ferdinand de Beus't, His Majesty's Privy Counsellor and Chamberlain, Chancellor of the Empire, Minister of the Imperial House and of Foreign Affairs, Grand Cross of the Orders of St. Stephen and Leopold, who have agreed to and signed the following articles : Article I. Citizens of the Austro-Hungarian Monarchy who have resided in the . United States of America uninterruptedly at least five years, and during such residence have become naturalized citizens of the United States, shall be held by the Government of Austria and Hungary y^ comtitMes to be American citizens, and shall be treated as such. naturalization. Reciprocally, citizens of the United States of America who have resided in the territories of the Austro-Hungarian Monarchy uninter- ruptedly at least five years, and during such residence have become naturalized citizens of the Austro-Hungarian Monarchy, shall be held by the United States to be citizens of the Austro-Hungarian Monarchy, and shall be treated as such. The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization. s Article II. A naturalized citizen of the one party, on return to the territory of the other party, remains liable to trial and punishment for Smcg> mmmit an action punishable by the laws of his original country ted Ere "m, e L committed before his emigration, saving always the limita- tion established by the "laws, of his original country and any other remis- sion of liability to punishment. In particular, a former citizen of the Austro-Hungarian Monarchy, who, under the first article, is to be held as an American citizen, is lia- ble to trial and punishment, according to the laws of Austro-Hungary, for non-fulfilment of military duty : 1st. If he has emigrated, after having been drafted at the time of conscription, and thus having be- come enrolled as a recruit for service in the standing army. __ . J3 v lolation of laws 2d. If he has emigrated whilst he stood in service under relative to m.utary the flag, or had a. leave of absence only for a limited 1 time. 3d. If, having a leave of absence for an unlimited time, or belonging 46 TREATIES AND CONVENTIONS. to the reserve or to the militia, he has emigrated after having received a call into service, or after a public proclamation requiring his appear- ance, or after war has broken out. On the other hand, a former citizen of the Austro-Hungarian Monarchy, naturalized in the United States, who by, or after, his emigration has transgressed the legal provisions on military duty by any acts or omissions other than those above enumerated in the clauses numbered one, two, and three, can, on his return to his original country, neither be held subsequently to military service nor remain liable to trial and punishment for the non-fulfilment of his military duty. Article III. The convention for the mutual delivery of criminals, fugitives from • Treat™ of3cij„iy, justice, concluded on the 3d July, 1856, between the Gov- 1856, sth May, 184a' ernraen t f the United States of America on the one part, and the Austro-Hungarian Monarchy on the other part, as well as the additional convention, signed on the Sth May, 1848, to the treaty of commerce and navigation concluded between the said Governments on the 27th of August, 1839, and especially the stipulations of Article IV of the said additional convention concerning the delivery of the desert- ers from the ships of war and merchant vessels, remain in force with- out change. Article IY. The emigrant from the one State, who, according to Article I, is to be held as a citizen of the other State, shall not, on his return to his original country, be constrained to resume his former citizenship ; yet, if he shall of his own accord reacquire it, and renounce • the citizenship obtained by naturalization, such a renunciation is allow- able, and no fixed period of residence shall be required for the recog- nition of his recovery of citizenship in his original country. Article V. The present convention shall go into effect immediately on the ex- Dumtum oi con- change of ratifications, and shall continue in force ten years. ve„tion. jf neither party shall have given to the other six months' previous notice of its intention then to terminate the same, it shall fur- ther remain in force until the end of twelve months after either of the 'contracting parties shall have given notice to the other of such inten- tion. Article VI. The present convention shall be ratified by the President of the United States, by and with the consent of the Senate of the United States, and by His Majesty the Emperor of Austria, etc., King of Hungary, with the constitutional consentof the two Legislatures of the Austro-Hungarian Monarchy, and the ratifications shall be ex- changed at Vienna within twelve months from the date hereof. In faith whereof the Plenipotentiaries have signed this convention as well in German as in English, and have thereto affixed their seals. Done at Vienna the twentieth day of September, in the year of our Lord one thousand eight hundred and seventy, in the ninety-fifth year of the Independence of the United States of America, and in the twenty- second year of the reign of His Imperial and Iioyal Apostolic Majesty.' SEAL. SEAL. JOHN JAY. BEUST. BADEN. BADEN, 1857.* CONVENTION WITH BADEN, CONCLUDED JANUARY 30, 1807 ; RATIFICATIONS EXCHANGED APRIL 21, 1857; PROCLAIMED MAY 19, 1857. Convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States on the one part, and the Grand Duchy of Baden on the other part. Whereas it is found expedient, for the better administration of justice and the prevention of crime within the territories and juris- Preamble diction of the parties, respectively, that persons committing certain heinous crimes, being fugitives from justice, should, under certain circumstances, be reciprocally delivered up ; 'and also to enumerate such crimes explicitly ; and whereas the laws and constitution of Baden do not allow its Government to surrender its own citizens to a foreign juris- diction, the Government of the United States, with a view of making the convention strictly reciprocal, shall be held equally free from any obliga- tion to surrender citizens of the United States ; therefore, on the one part the United States of America, and on the other part His Boyal , Highness the Grand Duke of Baden, having resolved to treat on this sub- ject, have, for that purpose, appointed their respective Plenipotentiaries to negotiate and conclude a convention; that is to say: The President of the United States of America, Peter D. Vroom, Envoy Extraordinary and Minister Plenipotentiary of the United States at the Court of the Kingdom of Prussia; and His Boyal Highness the Grand Duke of Baden, Adolph, Baron Marschall de Bieberstein, His said Boyal Highness's Envoy Extraordinary and Minis- ter Plenipotentiary at the Court of His Majesty the King of Prussia, &c, &c, &c; Who, after reciprocal communication of their respective powers', have agreed to and signed the following articles : Article I. It is agreed that the United States and Baden shall, upon mutual requisitions by them, or their ministers, officers, or authori- Extra ditio n or ties, respectively made, deliver up to justice all persons who, c '"" ina "- being charged with the crime of murder, or assault with intent to com- mit murder, or piracy, o'r arson, or robbery, or forgery, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, committed within the jurisdiction oi either party, shall seek an asylum, or shall be found within the territo- ries of the other: Provided, That this shall only be done upon such evi- dence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehen- sion and commitment for trial, if the crime or offense had there been •committed; and the respective judges and other magistrates of the two * Vol. XI, Statutes at Large, p. 713 et seq. 48 TREATIES AND CONVENTIONS. Governments shall have power, jurisdiction, and authority, upon com- plaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he maybe brought before such judges or other magistrates, respectively, to the end that the evidence of crimi- nality may be heard and considered; and if, on such hearing, the evi- dence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper exe- cutive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. Nothing in this article contained shall be construed to extend to crimes of a political character. Article II. Neither of the contracting parties shall be bound to deliver up its Not M apply to own citizens or subjects under the stipulations of this con- snbjectBof the respec- -vrAirHnn tive parties. v cl± vivu . Article III. Whenever any person accused of any of the crimes enumerated in this convention shall have committed a new crime in the territo- S o^Tom'Z°[T: e ries of the State where he has sought an asylum or shall be toThich the> have found , such person shall not be delivered up under the stipu- lations of this convention until he shall have been tried, and shall have received the punishment due to such new crime, or shall have been acquitted thereof. Article IV. The present convention shall continue in force until the first of Jan- Durntion of con- uary, one thousand eight hundred and sixty, (I860;) and if vention. neither party shall have given to the other six months' pre- vious notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other of such intention, each of the high contracting parties reserving to itself the right of giving such notice to the other at any time after the expiration of the said first day of January, one thousand eight hundred and sixty, (1800.) Article V. The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, Ratification,. and by the q vernmeilt of Baden ; and the ratifications shall be exchanged in Berlin within one year from the date hereof, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed this .con- vention, and have hereunto affixed their seals. Done in duplicate, at Berlin, the thirtieth day of January, one thou- sand eight hundred and fifty-seven, (1857,) and the eighty-first year of the independence of the United States. [l. s.l P. D. VEOOM. ADOLPH BAR. MABSCHALL [L. s.] DE BIEBERSTEIN. BADEN, 1868. 49 BADEN, 1S68.* TREATY BETWEEN THE UNITED STATES AND THE GRAND DUCHY OP BADEN— NATURALIZATION— CONCLUDED JULY 19, 1868 ; RATIFICATIONS EXCHANGED DECEMBER 7, 1869; PROCLAIMED JANUARY 10, 1870. The President of the United States of America and His Royal Highness the Grand Duke of Baden, led by the wishtoreg- contract™ em- ulate the citizenship, of those persons who emigrate from ties - Baden to the United States of America, and from the United States of America to the territory of the Grand Duchy, have resolved to treat on this subject, and have for that purpose appointed Plenipotentiaries ; that is to say : The President of the United States of America, George Bancroft, Envoy Extraordinary and Minister Plenipotentiary from the said States near the Grand Duke of Baden; and His Royal ! Highness . the Grand Duke of Badeu, his President of the Ministry of the Grand-Ducal House and of Foreign Affairs and Chamberlain, Ru- dolph von Freydorf ; Who have agreed to and signed the following articles: Article I. Citizens of the Grand Duchy of Baden, who have resided uninterrupt- edly within the United States of America five years, and Wl( .„ „ ative citi . before, during, or after that time have become or shall be- '^M'bTuiS 1 ?, come naturalized citizens of the United States, shall be citlze " 3 of lheother - held by Baden to be American citizens, and shall be treated as such.* Reciprocally, citizens of the United States of America who have re- sided uninterruptedly within the Grand Duchy of Baden five years, and before, during, or after that time have become or shall become naturalized citizens of the Grand Ducl^ of Baden, shall be held by the United States to be citizens of Baden, and shall be treated as such. The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization. Article II. A naturalized citizen of the one party, on return to the territory of the other party, remains liable to trial and punishment for an action punishable by the laws of his original country, and te? ff S<> ISit comraitted before his emigration, saving always the limita- "°°' tion established by the laws of his original country, or any other remis- sion of liability to punishment. In particular, a former Badener who, under the first article, is to be held as an American citizen, is liable to trial and punishment according to the laws of Baden for non-fulfillment of military duty — 1. If he has emigrated after he, on occasion of the draft from those owing military duty, has been enrolled as a recruit for service in the standing army. 2. If be has emigrated whilst he stood in service under the flag, or had a leave of absence only for a limited time. 3. If, having a leave of absence for an unlimited time, or belonging to the reserve or to the militia, he has emigrated after having received ,a call into service, or after a public proclamation requiring his appear- ance, or after war has broken out. * Pamphlet Laws, 2d session, 41st Congress, p. 329, (Vol. XVI of Statutes not yet out.) A 50 TEEATIES AND CONVENTIONS. On the other hand, a former Bdener, naturalized in the United States, who, by or after his emigration, has transgressed or shall transgress the legal provisions on military duty by any acts or omissions other than those above enumerated in. the clauses numbered one to three,, can, on his return to his original country, neither be held subsequently to military service nor remain liable to trial and punishment for the non- fulfillment of his military duty. Moreover, the attachment on the prop- erty of an emigrant for non-fulfillment of his military duty, except in the cases designated in the clauses numbered one to three, shall be re- moved so soon as he shall prove his naturalization in the United States according to the first article. Article III. The convention for the mutual delivery of criminals, fugitives from iteration of justice, concluded between the Grand Duchy of Baden on ,mta ra iizatio», t ^e one p art; an( j t k e United States of America oh the other part, the thirtieth day of January, one thousand eight hundred and fifty- seven, remains in force without change. Article IV., The emigrant from the one State who, according to the first article, is to be held as a citizen of the other State, shall not on his ^nSip'Tn 0!^™; return to his original country be constrained to resume his former citizenship; yet if he shall of his own accord reac- ' quire it and renounce the citizenship obtained by naturalization, such a renunciation is allowed, and no fixed period of residence shall be re- quired for the recognition of his recovery of citizenship in his original country. Article V. The present convention shall gointo effect immediately on the exchange Duration oi con- of ratifications, and shall continue in force ten years. If Te.tion. neither party shall have given to the other six months' previous notice of its intention then to terminate the same, it shall re- main in force until the end of twelve months after either of the con- tracting parties shall have given notice of such intention. Article VI. The present convention shall be ratified by His Royal Highness the liatscato Grand Duke of Baden, and by the President, by and with the advice and consent of the Senate of the United States, and the ratifications shall be exchanged at Carlsruhe as soon as possi- ble. In faith whereof the Plenipotentiaries have signed and sealed this convention. Carlsruhe, the 19th July, 1868. l. s. l. s. GEORGE BANCROFT. V. FREYDORP. BAVAEIA. BAVARIA, 1845.* CONVENTION WITH BAVARIA, CONCLUDED JANUARY 21/1845; RATIFICA- TIONS EXCHANGED AT BERLIN NOVEMBER 4, 1*45; PROCLAIMED AUGUST 16, 184G. Convention for tlie mutual, abolition of the droit Waubaine and taxes on emigration betioeen the United States of America and His Majesty the King of Bavaria. The United States of America and His Majesty the King of Bavaria, having agreed, for the advantage of their respective citi- .„. mb i<, zens and subjects, to conclude a convention for the mutual abolition of the droit d'aubaine and taxes on emigration, have named, for this purpose, their respective Plenipotentiaries, namely : The President of the United States of America has conferred full powers on Henry Wheaton, their Envoy Extraordinary and ^ . Minister Plenipotentiary at the Royal Court of Prussia; and His Majesty the King of Bavaria, upon Count Maximilian von Lerchen-" feld-Kcefering, his Chamberlain, Envoy Extraordinary and Minister Plenipotentiary at the Royal Prussian Court, Commander of the Royal Order of the Knights of St. George, of the Order for Merit in Civil Service of the Bavarian Crown, of St. Michael, Grand Cross of the Russian Imperial Order of St. Anne of the first class, of the Royal Prussian Order of the Red Eagle of the first class, Commander, Grand Cross of the Royal Swedish Order of the North Star, and Great Com- mander of the Royal Greek Order of tke Saviour ; Who, after having exchanged their said full powers, found in due and proper form, have agreed to and signed the following articles : Article I. Every kind of droit d'aubaine, droit de retraite, and droit de detraction or tax on emigration, is hereby, and shall remain, abolished Abolition »r droit d'aubaine and taxes on emigration. between the two contracting parties, their States, citizens, and subjects, respectively. article II. Where, on the death of any person holding real property within the territories of one party, such real property would, by the H ^ tol . eMwoi , my laws of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a term of two years to sell the same, which term may be rea- sonably prolonged according to circumstances, and to withdraw the pro- ceeds thereof, without molestation, and exempt from all duties of detraction. * Vol. IX, Statutes at Large, p. 820 ei «eq. 52 TREATIES AND CONVENTIONS. Article III. The citizens or subjects of eacli of the contracting parties shall have cit« m or „„b power to dispose of their (real and*) personal property »"avf P a™StnS within the States of the other, by testament, donation, or SSifsS otherwise; and their heirs, legatees, and donees, being ante other, &c. citizens or subjects of the other contracting party, shall suc- ceed to their said (real and*) personal property, and may take posses- sion thereof, either by themselves or by others acting for them, and dispose of the same at their pleasure, paying such duties only as the inhabitants of the country where the said property lies shall be liable to pay in like cases. Article IV. Tn case of the absence of the heirs, the same care shall be taken Property or absmt provisionally of such real or personal property as would be > "'" a - > taken in a like case of property belonging to the natives of the country, until the lawful owner or the person who. has a right to sell the same, according to Article II, may take measures to receive or dispose of the inheritance. ' Article V. If any dispute should arise between different claimants to the same D,„pute 3 cor,™™, inheritance, they shall be decided in the last resort accord- ing inheritances. j n g ^ ^g ] awS) ajK | jjy fag judges, of the country where the property is situated. Article VI. But this convention shall not derogate in any manner from the force a . laws to °* tae * aws a ^ rea( i. v published, or hereafter to be published, P ,eye T nt' a °emi S r'ation by His Majesty the King of Bavaria, to prevent the emi- H^t derogated. " .. A . i-.-j ' * gration ot his subjects. Article Yll. This convention is concluded subject to the ratification of the Presi- dent of the United States of America, by and with the ad- . vice and consent of their Senate, and of His Majesty the King of Bavaria, and the ratifications thereof shall be exchanged at Berlin within the term of fifteen months from the date of the signature hereof, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the above articles, as well in English as in German, and have thereto affixed their seals. Done in quadruplicate, in the city of Berlin, on the twenty-first day of January, one thousand eight hundred and forty-five, in the sixty- ninth year of the independence of the United States of America, and the nineteenth of the reign of His Majesty the King of Bavaria. L s.] HENBY WHEATOK L. s.] GBAF v. LEKCHENFELD. * The woris in parenthesis are, in the original treaty, encircled in ie.l ink. BAVARIA, 1853. 53j BAVAEIA, 1853.* EXTRADITION CONVENTION WITH BAVAEIA, CONCLUDED SEPTEMBER 12, 1853; RATIFICATIONS EXCHANGED AT LONDON NOVEMBER 1, 1854; PRO- CLAIMED NOVEMBER 18, 1854. The United States of America and His Majesty the King of Bavaria, actuated by an equal desire to further the administration of justice, and to prevent the commission of crimes in their respective countries, taking into consideration that the increased means of communication between Europe and America facilitate the escape of offenders, and that, consequently, provision ought to be made in order that the ends of justice shall not be defeated, have determined to con- clude an arrangement destined to regulate the course to be observed in all cases with reference to the. extradition of such individuals as", having committed any of the offenses hereafter enumerated, in one country, shall have taken refuge within. the territories of the other. The consti- tution and laws of Bavaria, however, not allowing the Bavarian Gov- ernment to surrender their own subjects for trial before a foreign court of justice, a strict reciprocity requires that the Government of the United. States shall be held equally free from any obligation to surrender citizens of the United States. For which purposes the high contracting powers have appointed as their Pleni- potentiaries: The President of the United States, James Buchanan, Envoy Extra- ordinary and Minister Plenipotentiary of the United States at the Court of the United Kingdom of Great Britain and ""' • Ireland; His Majesty the King of Bavaria, Augustus Baron de Cetto,his said Majesty's Chamberlain, Envoy Extraordinary and Minister Pleni- • potentiary at the Court of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Knight Commander of the Order for Merit of the Bavarian Crown and of the Order for Merit of St. Michael, Knight Grand Cross of the Royal Grecian Order of our Saviour ; Who, after reciprocal communication of their respective full powers, found in good and due form, have agreed to the following articles : Article I. The Government of the United States and the Bavarian Government promise and engage, upon mutual requisitions by them or ' il • • . fn " x , , .,. x ,, / -, . Extradition. their ministers, officers, or authorities, respectively made, to deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to dommit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged papers, or the fabri- cation or circulation of counterfeit • money, whether coin or paper money, or the embezzlement of public moneys, committed within the jurisdiction of either party, shall seek an asylum, or shall be found within the territories of the other: Provided, That this shall F v^„ce only be done upon such evidence of criminality as, accord- ing to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offense had there been committed; and the. re- spective judges and other magistrates of the two Governments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person * Vol. X, Statutes qLt Large, p 1022 et seq. 54 TREATIES AND CONVENTIONS. so charged, that he may he brought before such judges or other magis- trates respectively, to the end that the evidence of criminality may be~ heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be. the duty of the examining judge or magistrate to certify the same to the proper executive au- thority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and re- ceives the fugitive. Article II. The stipulations of this convention shall be applied to any other State pther Germ^ of the German Confederation which may hereafter declare states. jf-g access i on thereto. Article III. ■ None of the contracting parties shall be bound to deliver up its own . 011™™ not to be citizens or subjects under the stipulations of this conven- delivered «p. -H ryn Article IV. Whenever any person accused of any of the crimes enumerated in Extradition of pel- this convention shall have committed a new crime in the *rime C 8°n™b™LM e "o territories of the State where he has sought an asylum or which the T have tied, s^aii \-, e found, such person shall not be delivered up under the stipulations of this convention until he shall have been tried and shall have received the punishment due to such new crime, or shall have been acquitted thereof. , Article V. The present convention shall continue in force until the first of Jan- Dur«tioE of thi. uary, one thousand eight hundred and fifty-eight; and if convention. neither party shall have given- to the other six months' pre- vious notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other of such intention; each of the high contracting parties reserving to itself the right of giving such notice to the other at any time after the expiration of the said first day of January, one thousand eight hundred and fifty-eight. • Article VI. The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by the Government of Bavaria, and the ratifications shall be exchanged in London within fifteen months from the date hereof, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed this convention and have hereunto affixed their seals. Done in duplicate, in London, the twelfth day of September, one thousand eight hundred and fifty-three, and the seventy-eighth year of the independence of the United States. [L. S. (L. B. JAMBS BUCHANAN. AUG. DE CETTO. BAVARIA, 186S. 55 BAVAEIA, 1868.* TREATY BETWEEN THE UNITED STATES AND THE KING OF BAVARIA- CONCERNING THE CITIZENSHIP OF EMIGRANTS— CONCLUDED AT MU- NICH MAY 26, 1868; RATIFICATIONS EXCHANGED SEPTEMBER 18, 1868; PROCLAIMED OCTOBER 8, 1868. His Majesty the King of Bavaria and the President of the United States of America, led by the wish to regulate the citizen- pr ship of those persons who emigrate from Bavaria to the United States of America, and from the United States of America to the territory of the Kingdom of Bavaria, have resolved to tre.at on this subject, and have, for that purpose, appointed Plenipotentiaries to conclude a convention, that is to say ; His Majesty the King of Bavaria, Dr. Otto, Baron of Volderndorff, Councillor' of Ministry; and the President of the United NeBOfator „ States of America, George Bancroft, Envoy Extraordinary and Minister Plenipotentiary ; Who have agreed to and signed the following articles: Article I. Citizens of Bavaria who have become, or shall become^ naturalized citizens of the United States of America, and shall have citi2Bra of Baya ; resided uninterruptedly within the United States for five d&,™Srtte b u»H years, shall be held by Bavaria to be American citizens, and stata.,andt*M.«-.a. shall be treated as such. Beciprocally, citizens of the United States of America who have become, or shall become, naturalized citizens of Bavaria, and shall have resided uninterruptedly within Bavaria five years, shall be. held by the United States to be Bavarian citizens, and shall be treated as such. The declaration of an intention to become a citizen of the one x or the ■ether country has not for either party the effect of naturalization. Article II. A naturalized citizen of the one party on return to the territory of the other party remains liable to trial and punishment for oa . en8e3 committed an action punishable by the laws of his original country, ber ° re ^i™-^*- and committed before his emigration, saving always the limitation estab- lished by the laws of his original country, or any other remission of liability to punishment. Article III. The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States c tl - peace and order in the land, are not affected by the treaty. In particu- lar the regulation contained in the second clause of the tenth article of the Bavarian military law of the 30th of January, 1868, according to which Bavarians emigrating from Bavaria before the fulfillment of their military duty cannot be admitted to a permanent residence in the land till they shall have become thirty-two years old, is not affected by the treaty. But yet it is established and agreed, that by the .< Perimme „ t rMi . expression "permanent residence" used in the said article, dence " • the above described emigrants are not forbidden to undertake a journey to Bavaria for a less period of time and for definite purposes, and the royal Bavarian Government moreover cheerfully declares itself ready, in all cases in ^hich the emigration has plainly taken place in good faith, to allow a mild rule in practice to be adopted. 2. It is hereby agreed that when a Bavarian naturalized in America, and reciprocally an American naturalized in Bavaria, takes R?cover:r0 [ brm . up his abode once more in his original country without the er «»»"»■ intention of return to the country of his adoption, he does by no means thereby recover his former citizenship,* on the contrary, in so far as it relates to Bavaria, it depends on His Majesty the King whether he will or will not in that event grant the Bavarian citizenship anew. The article fourth shall accordingly have only this meaning, that the adopted country of the emigrant cannot prevent him from acquiring once more his former citizenship ; but not that the State to which the- emigrant originally belonged is bound to restore him at once to his origi- nal relation. On the contrary, the citizen naturalized abroad must first apply to be received back into his original country in the manner prescribed by its laws and regulations, and must acquire citizenship anew, exactly like any other alien. But yet it is left to his own free choice whether he will adopt that course or will preserve the citizenship of the country of his adoption. The two Plenipotentiaries give each other mutually the assurance that their respective Governments in ratifying this treaty will also regard as approved and will maintain the agreements and explanations contained in the present protocol, without any further formal ratification of the same. L. S.1 GEOEGE BANCEOFT. ' L. s.l Dr. OTTO FHB. YON VOLDEBNDOEFF. BELGIUM. BELGIUM, 1845.* TREATY OF COMMERCE AND NAVIGATION BETWEEN THE .UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF THE BELGIANS, CON- CLUDED NOVEMBER 10, 1845; RATIFICATIONS- EXCHANGED MARCH 30, 1846; PROCLAIMED MARCH 31, 1846. [The operation of this treaty terminated August 20, 1858, by force of notice given by the Belgian Government in accordance with Article XIX.] The United States of America on the one part, and His Majesty the King of the Belgians on the other part, wishing to regulate in a formal manner their reciprocal relations of commerce and navigation, and further to strengthen, through the development of their interests re- spectively, the bonds of friendship and good understanding so happily established between the Governments and people of the two countries ; a,nd desiring, with this view, to conclude, by common agreement, a treaty establishing conditions equally advantageous to the commerce and navi- gation of both States, have, to that effect, appointed as their f Plenipo- tentiaries, namely: The'President of the United States, Thomas G. Clemson, Charge" d'Af- NcBotiatm-s faires of the United States of America to His Majesty the King of the Belgians; and His Majesty the King of the Belgians, M. Adolphe Dechamps, Officer of the Order of Leopold, Knight of the Order of the Bed Eagle of the first class, Grand Cross of the Order of St. Michael of Bavaria, his Minister for Foreign Affairs, a member of the Chamber of Bepresentants ; Who, after having communicated to each other their full powers, ascertained to be in good and proper form, have agreed and concluded the following articles : ARTICLE I. There shall be full and entire freedom of commerce and navigation Freedom of com- between the inhabitants of the two countries ; and the same me™. security and protection which is enjoyed by the citizens "or subjects of each country shall be guaranteed on both sides. The said inhabitants, whether established or temporarily residing within any ports, cities, or places whatever, of the two countries, shall not, on account of their commerce or industry, pay any other or higher duties, taxes, or imposts, than those which shall be levied on citizens or sub- jects of the country in which they may be ; and the privileges, immu- ' nities, and other favors, with regard to commerce or industry, enjoyed by the citizens or subjects of one of the two States, shall be common to those of the other. Article II. Belgian vessels, whether coming from a Belgian or a foreign port, no farimi„atio„ shall not pay, either on entering or leaving the ports of the ■n t onn W ej„ t ie», fa . United states, whatever may be their destination, any * Vol. VIII, Statutes at Large, p. 606 et seq. BELGIUM, 1845. 59 other or higher duties of tonnage, pilotage, anchorage, buoys, light- houses, clearance, brokerage, or generally other charges whatsoever than axe required from vessels of the United States in similar cases. This provision extends not only to duties levied for the benefit of the State, but also to those levied for the benefit of provinces, cities, countries, districts, townships, corporations, or any other division or jurisdiction, whatever may be its designation. N Article III. Reciprocally, vessels of the United States, whether coming from a port of said States or from a foreign port, shall not pay, either on entering or leaving the ports ot< Belgium, whatever may be their destination, any other or higher duties of tonnage, pilotage, anchorage, buoys, light-houses, clearance, brokerage, or generally other charges whatever than are required from Belgian vessels in similar cases. This provision extends not only to duties levied for the benefit of the State, but also to those levied for the benefit of provinces, cities, countries, districts, townships, corporations, or any other division or jurisdiction, whatever may be its designation. Article IV. The restitution by Belgium of the duty levied by the Government of the Netherlands on the navigation of the Scheldt, in vir- Re8tit utio n »i tue of the third paragraph of the ninth article of the treaty *=>»»* '"v. of April nineteenth, eighteen hundred and thirty-nine, is guaranteed to the vessels of the United States. Article V. Steam vessels of the United States and of Belgium, engaged in regu- lar navigation between the United States and Belgium, shall be exempt in both countries from the payment of du- Mi^ra^MfrLX- tie's of tonnage, anchorage, buoys, and light-houses. Article VI. As regards the coasting trade between the ports of either country, the vessels of the two nations shall be treated on both sides on the same footing with the vessels of the most favored Co >"' i "= t ™'°- nations. Article VII. Articles of every description, whether proceeding from the soil, in- dustry, or warehouses of Belgium, directly imported there- Dutie8 on dir , ct from, into the ports of the United States, in Belgian ves- imi "" ts - sels, shall pay no other or higher duties of import than if they were • imported under the flag of said States. And reciprocally, articles of every description directly imported into Belgium from the United States, under the flag of the said States, shall pay no other or higher duties than if 'they were imported under the Belgian flag. It is well understood : 1st. That the goods shall have beeu really put on board in the ports from which they are declared respectively to come. 2d. That a putting-in at an intermediate port, produced by uncon- trollable circumstances, duly proved, does not occasion the forfeiture of the advantage allowed to direct importation. Premiums, draw- backs, &c, to be 60 TREATIES AND CONVENTIONS. Article VIII. Articles of every description, imported into the United States from Duties <,„, „dirc=t other countries than Belgium, under the Belgian flag, shall imports. p ajr n0 other or higher duties whatsoever than if they had been imported under the flag of the most favored foreign nation, other than the flag of the country from which the importation is made. And reciprocally, articles of every description imported under the flag of the United States into Belgium, from other countries than the United States, shall pay no other or higher duties whatsoever than if they had been imported under the flag of the foreign nation most favored, other than that of the country from which the importation is made. Article IX. Articles of every description, exported by Belgian vessels, or by those of the United States of America, from the ports of either """' country to any country whatsoever, shall be subjected to no other duties or formalities than such as are required for exportation under the flag of the country where the shipment is made. Article X. All premiums, drawbacks, or other favors of like nature, which may be allowed in the States of either of the contracting parties, upon goods imported or exported in national vessels, shall be likewise, and in the same manner, allowed upon goods im- ported directly from one of the two countries by its vessels into the other, or exported from one of the two countries by the vessels of the other to any destination whatsoever. Article XI. The preceding article is, however, not to apply to the importation importation of of salt, and of the produce of the national fisheries; each .ait, &c. f ^e two parties reserving to itself the faculty of grant- ing special privileges for the importation of those articles under its own flag. Article XII. The high contracting parties agree to consider and to treat as Bel- gian vessels, and as vessels of the United States, all those reSTreiarueJ. °» which, being provided by the competent authority with a passport, sea-letter, or any other sufficient document, shall be recognized conformably with existing laws as national vessels in the country to which they respectively belong. Article XIII. Belgian vessels and those of the United States may, conformably with the laws of the two countries, retain on board, in the' ports ' Duties on portions r. i ii i j_^>j_i- -.-.,. -i/» of careo remains™ on ot both, such parts oi their cargoes as may be destined for a foreign country ; and such parts shall not be subjected, either while they remain on board, or upon reexportation, to any charges whatsoever other than those for the prevention of smuggling. Article XIV. During the period allowed by the laws of the two countries respectively warehouse for the warehousing of goods, no duties, other than those .har B «, *,<-. of watch and storage, shall be levied upon articles brought BELGIUM, 1845. 61 from either country into the other, while awaiting transit, reexportation, or entry for consumption. Such goods shall in no case be subject to higher warehouse charges or to other formalities tban if they had been imported under the flag of the country. Article XV. In all that relates to duties of customs and navigation, the two high contracting parties promise, reciprocally, not to grant any « . W. x . ., . ,. cvj j. 1 • I i 11 Most favored nation. favor, privilege, or immunity to any other State, which shall not instantly become common to the citizens aud subjects of both par- ties respectively ; gratuitously, if the concession or favor to such other State is gratuitous, and on allowing the same compensation or its equiva- lent if the concession is conditional. Neither of the contracting parties shall lay upon goods proceeding from the soil or the industry of the other party, which may be imported into its ports, any other or higher duties of importation or reexporta- tion than are laid upon the importation and reexportation of similar goods coming from any other foreign country. Article XVI. In cases of shipwreck, damages at sea, or forced putting-iu, each party shall afford to the vessels of the other, whether belonging to the State or to individuals, the same assistance and protec- tion, and the same immunities, which would have been granted to its own vessels in similar cases. Article XVII. It is moreover agreed between the two contracting parties that the Con- suls and Vice-Consuls of the United States in the ports of Co „ 3uls a „ d Vics ,. Belgium, and, reciprocally, the Consuls and Vice-Consuls of * C °" 8U,S - Belgium in the ports of the United States, shall continue to enjoy all the privileges, protection, and assistance usually granted to them, and which may be necessary for the proper discharge of their functions. The said Consuls and Vice-Consuls may cause to be arrested and sent back, either to their vessels or to their country, such seamen as may have deserted from the vessels of their nation. To this end they shall apply in writing to the competent local authorities, and they shall prove, by exhibition of the vessel's crew list, or other docu- ment, or, if she shall. have departed, by copy of said documents, duly certified by them, that the seamen whom they claim formed part of the said crew. Upon such demand, thus supported, the delivery of the deserters shall not be refused. They shall moreover receive all aid and assistance in searching for, seizing, and arresting such deserters, who shall, upon the requisition and at the expense of the Consul or Vice- , Consul, be confined and kept in the prisons of the country until he shall have found an opportunity for sending them home. If, however, such an opportunity should not occur within three months after the arrest, the deserters shall be set at liberty, and shall not again be arrested for the same cause. It is, however, understood that seamen of the country in which the desertion shall occur are excepted from these provisions, un- less they be naturalized citizens or subjects of the other country. Article XVIII. Articles of all kinds, the transit of which is allowed in Belgium, com- 62 TREATIES AND. CONVENTIONS. ing from or going to the United States, shall be exempt from all transit duty in Belgium, when the transportation through the Bel- gian territory is effected on the railroads of the State. Transit duties. Article XIX. The present treaty shall be in force during ten years from the date of i, ,i™ or «,„ the exchange of the ratifications, and until the expiration treaty. f twelve months after either of the high contracting parties shall have announced to the other its intention to terminate the opera- tion thereof; each party reserving to itself the right of making such declaration to the other at the end of the ten years above mentioned ; and it is agreed, that after the expiration of the twelve months of pro- longation accorded on both sides, this treaty and all its stipulations shall cease to be in force. Article XX. This treaty shall be ratified and the ratifications- shall be exchanged at "Washington within the term of six months after its B..,««t» M . ^ at ^ or sooner if p 0Ss ible; and the treaty shall be put in execution within the term of twelve months. In faith whereof the respective Plenipotentiaries have signed the present treaty, in duplicate, and have affixed thereto their seals. Brussels, the tenth of November, eighteen hundred and forty-five. L. s.l TflOS. G. CLEMSOX. L. S.l A. DECHAMPS. BELGIUM, 1858* CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF THE BELGIANS, CONCLUDED AT WASHING- TON JULY 17, 1858 ; RATIFICATIONS EXCHANGED APRIL 16, 1S59 ; PRO- CLAIMED APRIL 19, 1859. , The United States of America on the one. part, and His Majesty the King of the Belgians on the other part, wishing to regulate in a formal manner their reciprocal relations of commerce and navigation, and further to strengthen, through the development of their interests, respectively, the bonds of friendship and good under- standing so happily established between the Governments and the people of the two countries; and desiring with this view to conclude, by com- mon agreement, a treaty establishing conditions equally advantageous to the commerce and navigation of both States, have to that effect appointed as their Plenipotentiaries, namely: The President of the United States, Lewis Cass, Secretary of State of the United States ; and His Majesty the King of the Bel- gians, Mr. Henri Bosch Spencer, decorated with the Cross of Iron, Chevalier of the Order of Leopold, Chevalier of the Polar Star, his Charg6 d' Affaires in the United States; Who, after having communicated to each other their full powers, ascer- tained to be in good and proper form, have agreed to and concluded the following articles: * Vol. XII, Statutetfat Liu'gt), p. 1043 ft seq. BELGIUM, 1858. 63 ' Article I. There shall he full and entire freedom of commerce and navigation between the inhabitants. of the two countries, and the same rreG aom r c ? m- security and protection which is enjoyed by the citizens or ,neree and naTi « ,ati<> " subjects of each country shall be guaranteed on both sides. The said inhabitants, whether established or temporarily residing within any ports, cities, or places whatever of the two countries, shall not, on ac- count of their commerce or industry, pay any other or higher duties, taxes, or imposts than those which shall be levied on citizens or sub- jects of the country in which they may be ; and the privileges, „„,„,„, &Cm to be immunities, and other favors, with regard to commerce or c ° m "'°»-' industry, enjoyed by the citizens or subjects of one of the two States, shall be common to those of the other. Article II. Belgian vessels, whether coming from a Belgian or a foreign port, shall not pay, either on entering or leaving the ports of No di3 „ im in>to.. the United States, whatever may be their destination, any in lluUe9 ' &c - other or higher duties of tonnage, pilotage, anchorage, buoys, light- houses, clearance, brokerage, or generally other charges whatsoever than are required from vessels of the United States in similar cases. This provision extends not only to duties levied for the benefit of the State, but also to those levied for the benefit of provinces, cities, coun- tries, districts, townships, corporations, or any other division or jurisdic- tion; whatever may be its designation. Article III. Reciprocally, vessels of the United States, whether coming from a port of said States or from a foreign port, shall not pay, either on entering or leaving the ports of Belgium, whatever may be their destination, any other or higher duties of tonnage, pilotage, anchor- age, buoys, light-houses, clearance, brokerage, or generally other charges whatever, than are required from Belgian vessels in similar cases. This provision extends not only to duties levied for the benefit of the State, but also to those levied for the benefit of provinces, cities, countries, dis- tricts, townships, corporations, or any other division or jurisdiction, whatever may be its designation. Article IV. Steam vessels of the United States and of Belgium engaged in regular navigation between the United States and Belgium, shall of be exempt in both countries from the payment of duties ste a m e ™™i°°c™°m of tonnage, anchorage, buoys, and light- houses. Article V. As regards the coasting trade between the ports of either country, the vessels of the two nations shall be treated on both sides on the same footing with the vessels of the most favored nations. Article VI. Objects of any kind soever introduced into the ports of either of the 64 TREATIES AND CONVENTIONS. two States under the flag of the other, whatever may be their origin and from what country soever the importation thereof may mMe»Tn?C«°" have been made, shall not pav other or higher entrance du- .wtor.-d.rect. ^ nof gball be sub j ecte(1 to' other charges or restrictions, , than they would pay or be subjected to were they imported under the national flag. Article - VII. Articles of every description exported by Belgian vessels, or by those of the United Spates of America, from the ports of either i OT ort dutKs. coun t r y to any country whatsoever, shall be subjected to no other duties or formalities than such as are required for exportation under the flag of the country where the shipment is made. Article VIII. All premiums, drawbacks, or other favors of like nature, which may be allowed in the States of either of the contracting parties in P °emium™T™w° upon goods imported or exported in national vessels, shall be likewise and in the same manner allowed upon goods im- ported directly from one of the two countries by its vessels into the other, or exported from one of the two countries by the vessels of the other to any destination whatsoever. Article IX. The preceding article is, however, not to apply to the importation of salt, and of the produce of the national fisheries, each of the two parties reserving to itself the faculty of granting special privileges for the importation of those articles under its own flag. Article X. The high contracting parties agree to consider and to treat as Belgian vessels, and as vessels of the United States, all those which, , What is to be r6- garded as pr„or of being provided by the competent authority with a passport, nationality. , a ,^ J . i . . , •>, , „ * L ' sea-letter, or any other sufhcient document, shall be recog- nized, conformably with existing laws, as national vessels in the country to which they respectively belong. Article XI. Belgian vessels and those of the United States may, conformably with no jutte- on „or. tae hws of the two countries, retain on board, in the ports of tion° of" Sgoes^e- both, such parts of their cargoes as may be destined for a inaining on board. o • , i i <■■-., . . ,., foreign country; and such parts shall not be subjected, either while they remain on board or upon reexportation, to any charges what- soever other than those for the prevention of smuggling. Article XII. During the period allowed by the laws of the two countries respectively ,...,. for the warehousing of goods, no duties, other than those of No discnmi cation , -. j , i ti 1 -i ■ -i 7 v*+w ch OT r»"&c ell ° UBik»"> »"«»"■ parties, that the extinguishment of the Scheldt clues, consented to by his said Majesty, applies to all flags; that these dues can never be reestab- lished under any form whatsoever; and that this suppression shall not affect in any mani>er the other provisions of the.treaty of the nineteenth of April, eighteen hundred and thirty -nine, which declaration shall be consid- ered inserted in the present treaty, to which it shall remain also annexed. Article II. His Majesty the King of the Belgians makes, for what concerns him, the same declaration as to that which is mentioned in the second paragraph of the preceding article. Article III. It is well understood that the tonnage dues suppressed in Belgium, in conformity with the convention of the twentieth of May, eighteen hundred sixty-three, cannot be reestablished, and iow™Tiid u Scai that the pilotage dues and local taxes reduced under the """"'' same convention cannot be again increased. The tariff of pilotage dues and of local taxes at Antwerp, shall be the same for the United States as those which are set down in the protocols of the conference at Brussels. Article IY. In regard to the proportion of the United States in the capital sum of the extinguishment of the Scheldt dues, and the manner, p rop0r ,i On of the place, and time of the payment thereof, reference is made Unitod states - by the high contracting parties to the convention of the twentieth May, eighteen hundred and sixty-three. Article V. The execution of the reciprocal engagements contained in the present treaty is made subordinate, in so far as is necessary, to the Execution or thi , formalities and rules established by the constitutional laws trerty ' of the high contracting parties. 70 TREATIES AND CONVENTIONS. Article VI. It is well understood that the provisions of Article III will only be to what Article obligatory with respect to the State which has taken part in, in applies or those which shall adhere to, the treaty of this day, the King of the Belgians reserving to himself expressly the right to establish the manner of treatment as to fiscal and customs regulations of vessels belonging to States which shall not be parties to this treaty. Article VII. The present treaty shall be ratified, and the ratifications **'*" thereof shall be exchanged at Brussels with the least possi- ble delay. In faith whereof the respective Plenipotentiaries have signed the same in duplicate, and affixed thereto their seals. Done at Brussels, the twentieth day of July, eighteen hundred and sixty-three. L. s. l. s. H. S. SANFOED. CH. EOGIEE. [Translation.] Treaty of May 12, 1863, betiveen Belgium and the Netherlands, annexed to the treaty of July 20, 1863. . His Majesty the King of the Belgians and His Majesty the King of the Netherlands, having come to an agreement upon the condi- BH!fum\'nd e the tions of the redemption, by capitalization, of the dues estab- Kothorkub. listed upon the navigation of the Scheldt and of its mouths, by paragraph three of the ninth article of the treaty of the 19th April, 1839, have resolved to conclude a special treaty on this subject, and have appointed for their Plenipotentiaries, namely : His Majesty the King of the Belgians, M. Ahlephonse Alexander Felix, Baron du Jardin, Commander of the Order of Leopold, deco- j.i.nipotentfade.. rated with the j^ GroBSj Commander of the Lion of the Netherlands, Chevalier Grand Cross of the Oaken Crown, Grand Cross and Commander of several other orders, his Envoy Extraordinary and Minister Plenipotentiary near to His Majesty tbe King of the Nether- lands. His Majesty the King of the Netherlands, Messrs. Paul Vander Maesen de Sombreff, Chevalier Grand Cross of the Order of the Nichan Iftihar of Tunis, his Minister of Foreign Affairs, M. Jean Eudolphe Thorbecke, Chevalier Grand Cross of the Order of 'the Lion of the Neth- erlands, Grand Cross of the Order of Leopold of Belgium, and of many other orders, his Minister of Interior, and M. Gerard Henri Betz, his Minister of Finance; Who, after having exchanged their full powers, found in good and due form, have concluded upon the fyllowiug article's : Article I. His Majesty the King of the Netherlands renounces forever, for the sum of 17,140,640 florins of Holland, the dues levied upon the navigation of the Scheldt and of its mouths, by virtue, of paragraph three of Article IX of the treaty of 19th April, 1839. BELGIUM, 1863. > 71 Article II. This sum shall be paid to the Government of the Netherlands by the Belgian Government, at Antwerp, or at Amsterdam, at the Parment t>r a*. choice of the latter, the franc calculated at 47J cents of the *""• Netherlands, as follows: One-third immediately after the exchange of ratifications, and the two other thirds in three equal installments, payable on the 1st May, 1864, 1st May, 1865, and 1st May, 1866. The Belgian Government may antici- late the above-named payments. Article III. From and after the payment of the first installment of one-third, the dues shall cease to be' levied by the Government of the „„ dM8 ahall Netherlands. «*« .„ b.^. The sums not immediately paid shall bear interest at the rate of 4 per cent, per annum, in favor of the treasury of the Netherlands. Article IV. It is understood that the capitalization of the dues shall not in any way affect the engagements by which the two States are TreaW elements. bound, in what concerns the Scheldt, by treaties in force. Article Y. The pilotage dues now levied on the Scheldt are reduced 20 per cent, for sailing vessels, 25 per cent, for towed vessels, and 30 per rilotSBe d „ M . cent, for steam vessels.' It is, moreover, agreed that the pilotage dues on the Scheldt can never be higher than the piiotage dues levied at the mouths of the Meuse. Article VI. The present treaty shall be ratified, and the ratifications shall be exchanged at the Hague within four months, or earlier if unification.. possible. In faith whereof the Plenipotentiaries above named have signed the same and affixed their seals. Done at the Hague, the 12th May, 1863. L. s. L. g. L. S. L. S. BAEON DU JAEDIN. P. VANDEE MAESEN DE SOMBEEFF. THOEBEOKE. BETZ. [Translation.] Protocol of July 15, 1863, annexed to the treaty of July 20, 1863. The Plenipotentiaries undersigned, having come together in con- ference to determine the general treaty relative to the ProtocoL redemption of the Scheldt dues, and having judged it use- ful, before drawing up this arrangement in due form, to be enlightened 72 TREATIES AND CONVENTIONS. with respect to the treaty concluded the 12th of May, 1863, between Bel-, gium and Holland, have resolved, to this end, to invite the Minister of the Netherlands to take a place in the conference. The Plenipotentiary of the Netherlands presented himself in response to this invitation, and made the following declaration: "The undersigned, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of the Netherlands, declares, in virtue of the special powers which have been delivered to him, that the extinguish- ment of the Scheldt dues, consented to by his August Sovereign in the treaty of the 12th May, applies to all flags ; that these dues can never be reestablished in any form whatsoever ; and that this extinguishment shall not affect in any way the other provisions of the treaty of the 19th April, 1839." "BARON GEEICKE D'HEEWYNEN. "Brussels, July 15, 1863/' Note has been taken and record made of this declaration, which shall be inserted in or annexed to the general treaty. Done at Brussels, the 15th July, 1863. BARON GERICKE D'HEEWYNEN. BAEON DE HUGEL. J. T. DO AMAEAL. M. CAEVALLO. P. BILLE BEAHE. D. OOELLO DE PORTUGAL. H. S. SANFOED. MALAEET. HOWARD DE WALDEN ET SEAFORD. VON HODENBERG. OTE. DE MONTALTO. MAN. YEIGOYEN. V'TE. DE SEISAL. SAVIGNY. , OELOFF. ADALBEET MANSBACH. C. MUSORUS. GEFFEKEN. CH. ROGIER. BN. LAMBERMONT. L. S. L. S. L. s. L. s. L. L. s. s.' L. s. L. s. L. L. s. s.' L. s. L. s. L. s. L. L. s. s.' L. S-. L. S. L. L. s. s.' L. s. BELGIUM, 1868.* CONVENTION BETWEEN THE UNITED STATES AND BELGIUM— NATURALI- ZATION-CONCLUDED NOVEMBER 16, 1868; RATIFICATIONS EXCHANGED JULY 10, 1869; PROCLAIMED JULY 30, 1869. The President of the United States of America and His Majesty the preamble Kin % of the Belgians, led by the wish to regulate the citi- zenship of those persons who emigrate from the United States of America to Belgium, and from Belgium to the United States of America, have resolved to make a convention on this subject, and have appointed for their Plenipotentiaries, namely: The President of theUDited States of America, Henry Shelton San- N «ou..or. ford > a citizen of tne United States, their Minister Resident near His Msijesty the King of the Belgians; and His Maj- * Pamphlet Laws, 41st Congress, 2d session, p. 341 et seq. 73 esty the King of the Belgians, the Sieur Jules Vander Stichelen, Grand Cross of the Order of the Dutch Lion, &c, &c, &c, his Minister of Foreign Affairs ; Who, after having communicated to each other their full powers, found to be in good and proper form; have agreed upon the following articles : Article I. Citizens of the United States who may or shall have been naturalized in Belgium will be considered by the United States as citi- Whe „ natiye cHi . zens of Belgium, Beciprocally, Belgians who may or who a™o of b° n ue c °t°d « shall have been naturalized in the United States will be <*««.» or u»oth.r. considered by Belgium as citizens of the United States. Article II. Citizens of either contracting party, in case of their return to their original country, can be prosecuted there for crimes or mis- Li abi ij t y for demeanors committed before naturalization, saving to them ZSba™ u » such, limitations as are established by the laws of their aliratio11 - . original country. Article III. Naturalized citizens of either contracting party who shall have resided five years in the country which has naturalized them cannot be held to the obligation of military service in their original country, or to incidental obligation resulting therefrom, in the event' of their return to it, except in cases of desertion from organized and em- bodied military or naval service, or those that may be assimilated thereto by the laws of that country. Article IV. Citizens of the United States naturalized in Belgium shall be consid- ered by Belgium as citizens of the United States when they shall have recovered their character as citizens of the United «££&"£ °ri 8 c £!i States, according to the laws of the United States. Becip- c °"° 1 ' 7 ' rocally, Belgians naturalized in the United States shall be considered as Belgians by the United States when they shall have recovered their character as Belgians according to the laws of Belgium. Article V. The present convention shall enter into execution immediately after the exchange of ratifications, and shall remain in force for D „„tion of «,»- ten years. If, at the expiration of that period, neither of veotio °- the contracting parties shall have given notice six months in advance of its intention to terminate the same r it shall continue in force until the end of twelve months alter one of the contracting parties shall-have given notice to the other of such intention. Article VI. The present convention shall be ratified by the President of the United States, by and with the advice and consent of the Senate, and by 74 TREATIES AND CONVENTIONS. His Majesty the King of the Belgians, with the consent of Parliament ; and the ratifications shall be exchanged at Brussels within twelve months from the date hereof, or sooDer if possible. In witness whereof the respective Plenipotentiaries have signed the same, and affixed thereto their seals. Made* in duplicate at Brussels, the sixteenth of November, eighteen hundred and sixty-eight. H. S. SANFORD. JULES VANDER STICHELEK L. s. L. S. BELGIUM, 1868.* CONVENTION BETWEEN THE UNITED STATES AND BELGIUM— RIGHTS, PRIVILEGES, AND IMMUNITIES OF CONSULS— CONCLUDED DECEMBER 5, 1868; RATIFICATIONS EXCHANGED JULY 8, 1869; PROCLAIMED MARCH 7, 1870. The President of the United States of America and His Majesty the King of the Belgians, recognizing the utility of defining the rights, privileges, and immunities of consular officers in the two countries, deem it expedient to conclude a consular convention for that purpose ; accordingly, they have named : The President of the United States of America, Henry Shelton San- ford, a citizen of the United States, their Minister Resident ir«oti.tor.. near Hig M aj esty the Kiug of the Belgians ; and His Majesty, the King of the Belgians, the Sieur Jules Vander Stichelen, Grand Gross of the Order of the Dutch Lion, &c, &c, &c, his Minister of Foreign Affairs; Who, after having communicated to each other their full powers, found to be in good and prpper form, have agreed upon the following articles : Article I. Each of the high contracting parties agrees to receive from the other, Libert or »ppomt- Consuls General, Consuls, Vice-Consuls, and Consular 1m, consul., &c Agents, in all its ports, cities, and places, except those where it may not be convenient to recognize such officers. This reser- vation, however, shall not apply to one of the high contracting parties without also applying to every other power. Article II. Consular officers, on the presentation of their commissions in the when. con.ui»r forms established in their respective countries, shall be ta SStodVri*!;, furnished with the necessary exequatur free of charge, and •> such. on the exhibition of this instrument they shall be permitted to enjoy the rights, prerogatives, and immunities granted by this con- vention. Article III. Consular officers, citizens of the State by which they are appointed, Exemption r,om»r- shall be exempt from arrest except in the case of offenses "*"■ which the local legislation qualifies as crimes, and punishes * Pamphlet Laws, 2d session, 41st Congress, p. 351 et se'g. BELGIUM, 1868. 75 it as such; from military billetings, from service in the militia or in the national guard, or in the regular army, and from all taxation, federal, state, or municipal. If, however, they are citizens of the state where they reside, or own property, or engage in business there, they shall be liable to the same charges of all kinds as other citizens of the country, who are merchants or owners of property. Article IV. Eb consular officer who is a citizen of the state by which he was ap- pointed, and who is not engaged in business, snail be com- LarlUBlimov pelled to appear as a witness before the courts of the country where he may reside. When the testimony of such a consular officer is needed, he shall be invited in writing to appear in court, and if unable to do so, his testimony shall be requested in writing, or be taken orally, at his dwelling or office. It shall be the duty of said consular officer to comply with this request without any delay which can be avoided. In all criminal cases contemplated by the sixth article of the amend- ments to the Constitution of the United States, whereby the right is secured to persons charged with 'crimes to obtain witnesses in their favor, the appearance in court of said consular officer shall be demanded, with all possible regard to the consular dignity and to the duties of his office. A similar treatment shall also be extended to United States Consuls in Belgium, in the like cases. Article V. Consuls General, Consuls, Yice-Consuls, and Consular Agents may place over the outer door of their offices, or their dwelling- Rj^ttohobtitag, nouses, the arms of their nation, with this inscription, &c - "Consulate, or Vice-Consulate, or Consular Agency" of the United States, or of Belgium, &c, &c. And they may also raise the flag of their country on their offices or dwelling-houses, except in the Jcapital of the country, when there is a legation there. Article VI. The .consular offices and dwellings shall be at all times inviolable. The local authorities shall not, under any pretext, invade Coma , ZT uchiTe . them. In no case shall they examine or seize the papers inviolabte - there deposited. In no case shall those offices or dwellings be used as places of asylum. When, however, a cod sular officer is engaged in other business, the papers relating to the consulate' shall be kept separate. Article VII. In the event of the death, incapacity, or absence of Consuls General, Consuls, Vice-Consuls, and Consular Agents, their chancel- KiBhts of Acti0i lors or secretaries, whose official character may have pre- °" sttl ». & = viously been made known to the Department of State at Washington, or to the Minister for Foreign Affairs in Belgium, may temporarily exer- ~ cise their functions, and while thus acting they shall enjoy all the rights, prerogatives, and immunities granted to the incumbents. 76 TREATIES AND. CONVENTIONS. Article VIII. Consuls General and Consuls may, with the approbation of their respect- ive Governments, appoint Vice-Consuls and Consular Agents Rights of Vice-.,, ... , rJ --,. .,-..,*• l • t Sma enS" 5 c °°' ia * e C1 ^ ie8 ) ports, and places within their consular jurisdic- tion. These officers may be citizens of the United States, of Belgium, or other foreigners. They shall be furnished with a commis- sion by the Consul who appoints them, and under whose orders they are to act. They shall enjoy the privileges stipulated for consular officers in this convention, subject to the exceptions specified in Articles III and IV. Article IX. Consuls General, Consuls, Vice-Consuls, and Consular Agents may caaor complaint complain to the authorities of the respective countries, »j consuls, &c -whether federal or local, judicial or local, judicial or exe- cutive, within their consular district, of any infraction of the treaties and conventions between the United States and Belgium, or for the purpose of protecting the rights and interest of their countrymen. If the complaint should not be satisfactorily redressed, the consular officers aforesaid, in the absence of a diplomatic agent of their country, may apply directly to the Government of the country where they reside. Article X. Consuls General, Consuls, Vice-Consuls, and Consular Agents may Ri.iitorcon.iii. to take at their offices, at the residence of the parties, at their taie deposition.. private residence, or on board ship, the depositions of the captains and crews of vessels of their own country, of passengers on board of them, and of any other citizen of their nation. They may also receive at their offices, comformably to the laws and regulations of their country, all contracts between the citizens of their country and the citizens or other inhabitants of the country where they reside, and even all contracts between the latter, provided they relate to property situated or to business to be transacted in the territory of the nation to which said consular officer may belong. Copies of such papers and official documents of every kind, whether in the original, copies, or trans- lation duly authenticated and legalized by the. Consuls General, Consuls, Vice-Consuls, and Consular Agents, and sealed with their official seal, shall be received as legal documents in courts of justice throughout the United States and Belgium. Article XI. Consuls General, Consuls, Vice-Consuls, and ConsulaiAgents shall have Ri e hts or con.ni. exclusive charge of the internal order of the merchant vessels ctsntSelsof E of their nation, and shall alone take cognizance of differences .ation. which may arise, either at sea or in port, between the captains, officers, and crews, without exception, particularly in reference to the ad- justment of wages and the execution of contracts. Neither the federal, state, or municipal authorities or courts in the United States, nor any court or authority in Belgium shall, on any pretext, interfere in these differences. Article XII. The respective Consuls General, Consuls, Vice-Consuls, and Consular D e , e ,ter S Agents may arrest the officers, sailors, and all other persons making part of the crew of ships of war or merchant vessels BELGIUM, 1868. 77 of their nation who may be guilty, or be accused of having deserted said ships and vessels, for the purpose of sending them on board or back to their country. • To that end the consuls of the United States in Belgium may apply to any of the competent authorities; and the con- suls of Belgium in the United States may apply in writing to either the federal, state, or municipal courts or authorities, and make a re- quest in writing for the deserters, supporting it by the exhibition of the register of the vessel and list of the crew, or by other official documents, to show that the persons claimed belong to the said crew. Upon such request alone, thus supported, and without the exaction of any oath from the consular officers, the deserters,, not being citizens of the country where the demand is made at the time of their shipping, shall be. given up. All the necessary aid and protection shall be fur- nished for the search, pursuit, seizure, and arrest of the deserters, who shall even be put and kept in the prisons of .the country, at the request and expense of the consular officers, until there may be an opportunity for sending them away. If, however, such an opportunity should not present itself within the space of three months, counting from the day of the arrest, the deserter shall be set at liberty, nor shall he be again arrested for the same cause. Article XIII. In the absence of an agreement to the contrary between the owners, freighters, and insurers, all damages suffered at sea by the ves- sels of the two countries, whether they enter port voluntarily « l?™tl ™a!ei». or are forced by stress of weather, shall be settled by the Con- suls General, Consuls, Vice-Oonsuls, and Consular Agents of the respective countries where they reside. If, however, any inhabitant of tbe country or citizen or subject of a third power shall be interested in the matter, and the parties cannot agree, the competent local authorities shall decide. Aeticle XIV.' • * All proceedings relative to the salvage of American vessels wrecked upon the coasts of Belgium, and of Belgian vessels wrecked upon the coasts of the United States, shall be directed by Consuls General, Consuls, and Yice-Consuls of the two countries, respect- ively, and, until their arrival, by the respective Consular Agents, wherever an agency exists. In the places and ports where an agency does not exist, the local authorities, until the arrival of the Consul in whose district the wreck may have occurred, and who shall immedi- ately be informed of the occurrence, shall take all necessary measures for the protection of persons and the preservation of property. The local authorities shall not otherwise interfere than for the maintenance of order, the protection of the interests of the salvors, if they do not belong to the crews that have been wrecked, and to carry into effect the arrangements made for the entry and exportation of the merchan- dise saved. It is understood that such merchandise is not to be sub- jected to any custom-house charges, unless it be intended for consump- tion in the country where the wreck may have taken place. Article XV. In case of the death of any citizen of the United States in Belgium, or of a citizen of Belgium in the United States, without having any known heirs or testamentary executor by him 78 TREATIES AND CONVENTIONS. appointed, the competent local authorities shall inform the Consuls or Consular Agents of the nation to which the deceased belongs of the circumstance, in order that the necessary information may be immedi- ately forwarded to parties interested. Article XVI. The present convention shall remain in force for the space of ten D»r,tfc„ of ton- years, counting from the day of the exchange of the ratifl- Tentio.. cations, which shall be made in conformity with the respect- ive constitutions of the two countries, and exchanged at Brussels within the period of six months, or sooner if possible. In case neither party gives notice, twelve months after the expiration of the said period of ten years, of its intention not to renew this convention, it shall remain in force one year longer, and so on from year to year, until the expi- ration of a year from the day on which one of the parties shall have given such notice. In faith whereof the respective Plenipotentiaries have signed this convention, and have hereunto affixed their seals. Done at Brussels, in duplicate, the fifth day of December, eighteen hundred and sixty-eight. H. S. SANEORD. JULES VASDER STICHELEK". Protocol additional to the convention between the United States and ^ Belgium-, signed December 5, 1868.* The Plenipotentiaries of the President of the United States and of His Majesty the King of the Belgians, foreseeing that the exchange of ratificatious cannot be made within the delay prescribed, by reason of circumstances independent of the will of the high contractingparties, have met this day, and have agreed to piolong the delay for two months. Done at Brussels, the 1st of June, 1869. L. s. L. S. H. S. SANFORD. JULES VANDER STICHELEN. BELGIUM, 1868. t ADDITIONAL ARTICLE. TO THE TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES AND BELGIUM OF JULY 17, 1858— TRADE- MARKS— CONCLUDED DECEMBER 20, 1868 ; RATIFICATIONS EXCHANGED JUNE 19, 1869 ; PROCLAIMED JULY 30, 1869. The President of the United States of America and His Majesty the King of . the Belgians, deeming it advisable that there Co ° lrac """ art,e8 ' should 'be an additional article to the treaty of commerce and navigation between them of the 17th July, 1858, have for this pur- pose named as their Plenipotentiaries, namely : * The Senate of the United States, by its resolution of March 2, 1870, advised and consented to the exchanges of ratifications which had previously been made. t Pamphlet Laws, 2d session, 41st Congress, p. 359. BELGIUM, 1868. 79 The President of the United States, Henry Shelton Sanford, a citizen of the United States, their Minister Resident near His Ma- jesty the King of the Belgians ; and His Majesty the King of • Ne^ ° tkt ° r, • the Belgians, the Sieur Jules Vander Stichelen, Grand Cross of the Order of the Dutch Lion, &c, &c, &c, his Minister of Foreign Affairs ; Who, after having communicated to each other their full powers, have agreed to and signed the following : Additional Article. The high contracting 'parties, desiring to secure complete and efficient protection to the manufacturing- industry of their respective citizens, agree that any counterfeiting in one of the two couSJfe'S trade- countries of the trade-marks affixed in the other on mer- marl "'' chandise to show its origin and quality, shall be strictly prohibited, and shall give ground for an action of damages in favor of the injured party, to be prosecuted in the courts of the country in which the counterfeit shall be proven. The trademarks in which the citizens of one of the two countries may wish to secure the right of property in the other, must be lodged, to wit : the marks of citizens of the United States at Brussels, in the Office of the Clerk of the Tribunal of Com- merce; and the marks of Belgian citizens at the Patent Office in Wash- ington. It is understood that if a trade-mark has become public property in the country of its origin it shall be equally free hn^te"™™ VmS to all in the other country. property - This additional article shall have the same duration as the before-men- tioned treaty of the 17th of July, 1858, to which it is an addition. The ratifications thereof shall be exchanged in the delay of six months, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the same, and affixed thereto their seals. Done at Brussels, in duplicate, the 20th of December, 1868. L. s. L. S H. S. SANFORD. JULES VANDER STICHELEN. BOLIVIA. BOLIVIA, 1858.* TEEATY WITH BOLIVIA— PEACE, FRIENDSHIP, COMMERCE, AND NAVIGA- TION—SIGNED AT LA PAZ MAY 13, 1858; RATIFICATIONS EXCHANGED AT LA PAZ NOVEMBER 9, 1862 ; PROCLAIMED JANUARY 8, 1863. Treaty of peace, friendship, commerce, and navigation, between the United States of America and the Republic of Bolivia. The United States of America and the Eepublic of Bolivia, desiring to make lasting and firm the friendship and good understand- ing which happily prevail between both nations, have re- solved to fix, in a manner clear, distinct, and positive, the rules which shall in future be religiously observed between the one and the other, by means of a treaty of friendship, commerce, and navigation. For this most desirable object the President of the United States of America has conferred full powers on John W. Dana, a citi- zen of the said States, and their Minister Besident to the said Eepublic; and the President of the Eepublic of Bolivia on the citi- zen Lucas Mendosa de la Tapia, Secretary of State in the Department of Exterior Eelations and Public Instruction ; Who, after having exchanged their said full powers in due and proper form, have agreed to the following articles : Article I. There shall be a perfect, firm, and inviolable peace and sincere friend- peaceandfiendshi >S ^P between the United States of America and the Eepub- "'" '"lie of Bolivia, in all the extent of their possessions and ter- ritories, and between their people and citizens respectively, without dis- tinction of persons or places. Article II. If either party shall hereafter grant to any other nation, its citizens or subjects, anv particular favor in navigation or commerce, Moat favored nation. • , , V l • l'jii Tn .. , it shall immediately become common to the other party, freely when freely granted to such other nation, or on yielding the same compensation when the grant is conditional. Explanation. As in said article it is stipulated that any special favor in navigation Explanation of and trade granted by one of the contracting, parties to any Article n. other nation, extends and is common to the other party forthwith, it is declared that, in what pertains to the navigation of rivers, this treaty shall only apply to concessions which the Government may authorize for navigating fluvial streams which do not present ob- * VoJ. XII, Statutes at Large, p. 1003 et beq. Reciprocal liberty of commerce and navigation. BOLIVIA, 185S. 81 structions; that is to say, those whose navigation may be naturally plain and current without there having been need to obtain it by the employment of labor and capital; that by consequence there remains reserved the right of the Bolivian Government to grant privileges to any association or company, as well foreign as national, which should undertake the navigation of those rivers from which, in order to suc- ceed, there are difficulties to overcome, such as the clearing out of rap- ids, &c, &c. Article III. The United States of America and the Eepublic of Bolivia mutually agree that there shall be reciprocal liberty of commerce and navigation between their respective territories and citizens. The citizens of either republic may frequent with their ves- sels all the coasts, ports, and places of the other where foreign com- merce is permitted, and reside in all parts of the territory of either, and occupy dwellings and warehouses ; and everything belonging thereto shall be respected, and shall not be subjected to any arbitrary visits or search. The said citizens shall have full liberty to trade in all parts of the territory of either, according to the rules established by the respect- ive regulations of commerce, in all kinds of goods, merchandise, manu- factures, and produce, not prohibited to all, and to open retail stores and shops, under the same municipal and police regulations as native citizens ; and they shall not in this respect be liable to any other or higher taxes on imposts than those which are or i. 1 "™ may be paid by native citizens. No examination or inspec- Examination or tion of their books, papers, or accounts, shall be made with- out the legal order of a competent tribunal or judge. The provisions of this treaty are not to be understood as applying to the navigation and coasting trade between one port and another, situated in the territory of either of the contract- c ° aatine "^ ing parties — the regulation of such navigation and trade being reserved respectively by the parties according to their own separate laws. Ves- sels of either country shall, however, be permitted to discharge part of their cargoes at one port, open to foreign commerce, in the territo- ries of either of the high contracting parties, paying only the custom- house duties upon that portion of the cargo which may be discharged, and to proceed with the remainder of their cargo to any other port or ports of the same territory, open to foreign commerce, without paying other or higher tonnage duties or port charges iu such cases than would be paid by national vessels in like circumstances; and they shall be permitted to load in like manner at different ports in the same voyage putward. The citizens of either country shall also have the unrestrained right to travel in any part of the possessions of the other, and „1 n ; n . . , . . . -, , , ' Right to travel,. snail m all cases enjoy the same security and protection as the natives of the country in which they reside, on condition of their submitting to the laws, decrees, and ordinances there. prevailing. They shall not be called upon for any forced loan or occasional contribution nof shall they be liable to any embargo, or to be detained with their ves, sels, cargoes, merchandise, goods or effects, for any military expedition- or for any public purpose whatsoever, without being allowed therefor a full and sufficient indemnification, which shall in all cases be agreed upon and paid in advance. 6 82 TREATIES AND CONVENTIONS. Article IV. All kinds of produce, manufactures, or merchandise of any foreign country which can, from time to time, be lawfully imported to'te ma,!?™™"™ into the United States in their own vessels, may be also !m, manlriefr*, 1 : imported in vessels of the Eepublic of Bolivia; and no otlxvoZt^t ™ higher or other duties upon the tonnage of the vessel and her cargo shall be levied and collected, whether the import- ation be made in the vessels of the one country or of the other ; and in like manner all kinds of produce, manufactures, and merchandise of any foreign country that can be, from time to time, lawfully imported into the Eepublic of Bolivia in its own vessels, whether in her ports upon the Pacific or her ports upon the tributaries of the Amazon or La Plata, may be also imported in vessels of the United States ; and no higher or other duties upon the tonnage of the vessel and her cargo shall be levied or collected, whether the importation be made in vessels of the one coun- try or of the other. And they agree that what may be lawfully exported or reexported from the one country in its ow r n vessels, to any foreign country, ma'y, in like manner, be exported or reexported in the vessels of the other country ; and the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or reexporta- tions be made in vessels of the United States or of the Eepublic of Bolivia. In all these respects the vessels and their cargoes of the one country, in the ports of the other, shall also be on an equal footing with those of the most favored nation. It being further understood that these prin- ciples shall apply whether the vessels shall have cleared directly from the ports of the nation to which they appertain, or from the ports of any other nation. Article V. For the better understanding of the preceding article, and taking into be consideration the actual state of the commercial marine of sirred Bolivian Zt the Eepublic of Bolivia, it is stipulated and agreed that all vessels belonging exclusively to a citizen or citizens of said Eepublic, and whose captain is also a citizen of the same, though the construction or the crew are or may be foreign, shall be considered, for all the objects of this treaty, as a Bolivian vessel. Article VI. No higher or other duties shall be imposed on the importation into the no discrimination ^ite* States of any articles, the produce or manufactures of ™j" li ™£p"U™ the Eepublic of Bolivia, and no higher or other duties shall be imposed on the importation into the Eepublic of Bolivia of any articles, the produce or manufactures of the United States, than are or shall be payable on the like articles being the produce or manu- factures of any other country; nor shall any higher or other duties or charges be imposed, in either of the two countries, on the exportation of any articles to the United States or to the Eepublic of Bolivia, re- spectively, than such as are payable on the exportation of the like arti- cles to any other foreign country ; nor shall any prohibitions be imposed on the exportation or importation of any articles the produce or manu- factures of the United States, or of the Eepublic of Bolivia, to or from the territories of the United States, or to or from the territories of the Eepublic of Bolivia, which shall not equally extend to all other nations. BOLIVIA, 1858. 83 Article -VII. It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of either country, f to manage themselves their own business, in all the ports 7 r ™2'"{™™ u t ^ and places subject to the jurisdiction of the other, as well with respect to the consignment and sale of their goods and merchan- dise, by wholesale or retail, as with respect to the loading, unloading, and sending off their ships ; they being in all these cases to be treated as citizens of the country in which they reside, or at least to be placed on a footing with the citizens or subjects of the most favored nation. Article VIII. The Eepublic of Bolivia, desiring to increase the intercourse between the Pacific ports by means of steam navigation, engages to ' StP]im „ accord to any citizen or citizens of the United States who may establish a line of steam vessels to navigate regularly between the ; different ports and bays of the coasts of .the Bolivian territory, the same privileges of taking in and landing freight and cargo, entering the by- ports for the purpose of receiving and landing passengers and their bag- gage and money, carrying the public mails, establishing depots for coal, erecting the necessary machine and work shops for repairing and refit- ting thef steam vessels, and all other favors enjoyed by any other asso- ciation or company whatsoever of the same character. It is further- more understood between the two high contracting parties that the steam vessels of either shall not be subject, in the ports of the other party, to any duties of tonnage, harbor, or other similar duties whatso- ever than those that are or may be paid by any other association or company. Article IX. Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, ports, or dominions of the other with their vessels, whether merchant rati™ Iwuw £<■<>'£> n ,-, -, , n , t • ■ n ' i in ports of the other. or of war, through stress of weather, pursuit of pirates or enemies, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships and placing themselves in a situation to continue their voyage without obstacles or hinderance of any kind. And the provisions of this article shall apply to privateers or private vessels of war as well as public, until the two high contracting parties may relinquish the right of that mode of war- fare, in consideration of the general relinquishment of the right of capture of private property upon the high seas. Article X. it When any vessel belonging to the citizens of either of the contracting parties shall be wrecked, or shall suffer any damages in Vb38 , Is , vrecked the seas, rivers, or channels, within the dominions of the or d<,maeei1 - other, there shall be given to them all assistance and protection, in the same manner which is usual and customary with the vessels of the nation where the damage happens, permitting them to unload the said vessel, if necessary, of its merchandise and effects, without exacting for it any duty, impost, or contribution whatever. 84 TREATIES AND CONVENTIONS. Article XL All the ships, merchandise, and the effects belonging to the citizens c,,„t,K„ i,, Pi . of one of the contracting parties, which may be captured by wti. pirates, whether within the limits of its jurisdiction or on the high seas, and may be carried or found in the rivers, roads, bays, ports, or dominions of the other, shall be delivered up to the owners, they proving, in due form, their rights before the competent tribunals; it being well understood that the claim should be made within the term of one year, by the parties themselves, their attorneys, or agents of their respective Governments. Article XII. The citizens of each of the contracting parties shall have power to v dispose of their personal goods within the jurisdiction of the .oSfSerw X other, by sale, donation, testament, or otherwise, and their .uece.s.on ,he re t„. representatives> being citizens of the other party, shall suc- ceed to their said personal goods, whether by testament or ab intestato, • and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at- their will, paying such duties only as the inhabitants of the country where such goods are shall be subject to pay in like cases. And if, in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance on account of their character of aliens, there shall be granted to them the longest period allowed by the- law to dispose of the same as they may think proper, and to withdraw the proceeds without molestation, nor any other charges than those which are im- posed by the laws of the country. Article XIII. Both the contracting parties promise and engage, formally, to give their special protection to the persons and property of the cit- MiSr™ be pro- izens of each other, of all occupations, who may be in the territories subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice, for their judicial recourse on the same terms which are usual and customary with the natives of the country ; for which they may employ, in defense of their rights, such advocates, solicitors, notaries, agents, and factors as they may judge proper, in all their trials at law ; and such citizens or agents shall have free opportunity to be present' at the accusations and sentences of the tribunals in all cases which may concern them; and likewise at the taking of all examina- tions and evidence which may.be exhibited on the said trials, in the manner established by the laws of the country. ' If the citizens of one of the contracting parties, in the territory of the other, engage in in- ternal political questions, they shall be subject to the same measures of punishment and precaution as the citizens of the country where they reside. Article XIY. The citizens of the two contracting parties shall enjoy the full liberty im»o,„ i,„. of conscience in the countries subject to the jurisdiction of ' ,om - the one or the other, without being disturbed or molested on account of their religious opinions, provided they respect the laws BOLIVIA, 1858. 85 and established customs of the country. And the bodies of the citizens of the one who may die in the territory of the other shall' be interred in the public 'cemeteries, or in other decent places of burial, which shall be protected from all violation or insult by the local authorities. Article XV. It shall be lawful for the citizens of the United States of America, and of the Republic of Bolivia, to sail with their ships, rreeiom of navi - with all manner of liberty and security, no distinction being mi °"- made who are the proprietors of the merchandises laden thereon, from any port to the places of those who now are, or hereafter shall be, at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with their ships and merchan- dises before mentioned, and to trade with the same liberty and security, not only from places and ports of those who are enemies of both, or either party, to the ports of the other, and to neutral places, but also from one place belonging to an enemy, to another place belonging to an enemy, whether they be under the jurisdiction of one power or of several Article XVI. The two high contracting parties recognize as permanent and immu- table the following principles, to wit: Free 6hip , free 1st. That free ships make free goods ; that is to say, that eo ° j9 - the effects or goods belonging to subjects or citizens of a power or State at war are free from capture or confiscation when found on board of neutral vessels, with the exception of articles contraband of war. 2d. That the property of neutrals on board an enemy's vessel is not subject to confiscation, uidess the same be contraband of war. The like neutrality shall be extended to persons who are on board a neutral ship with this effect, that although they may be enemies to both or either party, they are not to be taken out of that ship unless they are officers or soldiers, and in the actual service of the enemies. The ■contracting parties engage to apply these principles to the commerce and navigation of all such powers and States as shall consent to adopt them as permanent and immutable. Article XVII. This liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only which are distinguished contend or by the name of contraband of war, and under this name "■"• shall be comprehended — 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuses, rifles, carbines, pistols, pikes, swords, sabers, lances, spears, hal- berds, and grenades, bombs, powder, matches, balls, 'and all other things belonging to the use of these arms. 2d. Bucklers, helmets, breastplates, coats of mail, infantry belts, and clothes'made up in the form and for a military use. 3d. Cavalry belts, and horses, with their furniture! 4th. And, generally, all kinds of arms, offensive and defensive, and instruments of iron, steel, brass, and copper, or any other materials manufactured, prepared, and formed expressly to make war by sea or land. Property not enu- merated r.s contra- band. 86 TREATIES AND CONVENTIONS. Article XVIII. All other merchandises and things not comprehended fu the articles? of contraband explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free and lawful commerce, so that they may be carried and trans- ported in the freest manner by the citizens of both the contracting par- ties, even to places belonging to an enemy, excepting only those places which are at that time besieged or blockaded ; and to avoid all doubt in this particular, it is declared that those places or ports only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral. Article XIX. The articles of contraband before enumerated and classified which may- be found in a vessel bound to ah enemy's port shall be sub- ve?i" e cat?yh, t B r can- f ject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. Xo vessel of either of the two nations shall be de- tained on the high seas on account of having on board articles of con- traband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great or of so large a bulk that, they cannot he- received on board the capturing ship without great inconvenience; but in this, as well as in all other cases of just detention, the ve"ssel detained shall be sent to the nearest convenient and safe port for trial and judg- ment according to law. Article XX. And whereas it frequently happens that vessels sail for a port or places belonging to an enemy without knowing that the same is- besieged, blockaded, or invested, it is agreed that every ves- sel so circumstanced may be turned away from such port or place, but shall not be detained; nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from any officer commanding a vessel of the blockading forces, they shall again attempt to enter ; but she shall be permitted to go to any other port or place she shall think proper. Xor shall any vessel of either that may have entered into such port before the same was actually be- sieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo ; nor, if found therein after the reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. Article XXI. In order to prevent all kind of disorder iu the visiting and examina- xxamination tion of the ships and cargoes of both the contracting'parties or B i.,ps a^ cargoes. on y^ high seas, they mutually agree that whenever a vessel of war shall meet with a neutral of the other contracting party, the first shall remain at a convenient distance, and may send its boats with two or three men only ; in order to execute the said examination of the papers, concerning the ownership and cargo of the vessel, without causing thfei least extortion, violence, or ill-treatment for which the commanders of BOLIVIA, 1858. 87 H the said armed ships shall he responsible with their persons and prop- erty; for which purpose the commanders of private armed Co „ ande „ ot vessels shall, before receiving their commissions, give suffi- i> r ' ratMt »- cient security to answer for all the damages they may commit ; and it is expressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his papers, or for any other purpose whatever. Article XXII. To avoid all. kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to Sei ., ette „ .„,, the citizens of the two contracting parties, they agree that, »»»"»««■ in case one of them should be engaged in war, the ships and vessels belonging to the citizens of the other must be furnished with sea-letters or passports, expressing the nairie, property, and bulk of the ships, as also the name and place of habitation of the master and commander of said vessel, in order that it may thereby appear that said ship truly belongs to the citizens of one of the parties ; they likewise agree that such ships being laden, besides the said sea-letters or passports, shall also be provided with certificates, containing the several particulars of the cargo, and the place whence the ship sailed, . so that it may be known whether any forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the place whence the ship sailed in the accustomed form ; without such requisites said vessels may be detained, to be adjudged by the competent tribunal, and may be declared, legal prize, unless the said defect shall prove to be owing to accident, and supplied by testimony entirely equiv- alent. Article XXIII. It is further agreed that the stipulations above expressed, relative to the visiting and examination of vessels, shall apply only to VeMel9 „ nder con . those which sail without convoy; and when said vessels voy shall be under convoy, the verbal declaration of the commander of the convoy, on his word of .honor, that the vessels under his protection be- long to the nation whose flag he carries, and, when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient. Article XXIV. It is further agreed that in all cases the established courts for prize causes in the country to which the prizes may be conducted shall alone take cognizance of them; and whenever such tri- bunals of either party shall pronounce judgment against any vessel, or goods, or property claimed by the citizens of the other party, the sen- tence or decree shall mention the reasons or motives on which the same shall have been founded, and an authenticated copy of the sentence or decree and of all the proceedings in the case shall, if demanded, be de- livered to the commander or agent of said vessel without any delay, he paying the legal fees for the same. Article XXV. ISTo citizen of the Eepublic of Bolivia shall take any commission or let- ters of marque for arming any ship or ships to act as priva- Ko teers against the said United States, or any of them, or «.i^.i« » «"»??!- against ihe ci tizens, neonle. or inhabitants of the said United ™ 88 TREATIES AND CONVENTIONS. States, or any of them, or against the property of any of the inhabitants of any of them, from any Prince or State with which the said United States shall be at war ; nor shall any citizen or inhabitant of the United States, or any of them, take any commission or letters of marque for arm- ing any ship or ships to act as privateers against the citizens of the Re- public of Bolivia, or any of them, or the property of any of them, from any Prince or State with which the said Republic of Bolivia shall be at war; and if any person of either nation shall take such commissions or letters of marque he shall be punished according to their respective laws. Article XXVI. In accordance with nxed principles of international law, Bolivia re- gards the rivers Amazon and La Plata, with their tributa- the AmMon^nTLa ries, as highways or channels opened by nature for the com- merce of all nations. In virtue of which, and desirous of promoting an exchange of productions through these channels, she will permit, and invites, commercial vessels of all descriptions of the United States, and of all other nations of the world, to navigate freely in any part of their courses which pertain to her, ascending those rivers to Boli- vian ports, and descending therefrom to the ocean, subject only to the conditions established by this treaty, and to regulations sanctioned or which maybe sanctioned, by the national authorities of Bolivia not incon- sistent with the stipulations thereof. Article XXYII. The owners or commanders of vessels of the United States enter- ing the Bolivian tributaries of the Amazon or La Plata tributS " of the shall have the right to put up or construct, in whole or in Amazon or La Plata. , i i j_ i i i * ■ • >• -i • part, vessels adapted to shoal-river navigation, and to transfer their cargoes to them without the j>ayment of additional du- ties; and they shall not pay duties of any description for sections or pieces of vessels, nor for the machinery or materials which they may introduce for use in the construction of said vessels. All places accessible to these, or other vessels of the United States, port, open to for- upon the said Bolivian tributaries of the Amazon or La eim commerce. Plata, shall be considered as ports open to foreign com- merce, and subject to the provisions of this treaty, under such regu- lations as the Government may deem necessary to establish for the col- lection of custom-house, port,light-house, police, and pilot duties. And such vessels may discharge and receive freight or cargo, being effects of the country or foreign, at any one of said ports, notwithstanding the provisions of Article 3. " Article XXVIII. If, by any fatality, (which cannot be expected, and which God forbid,) r-miie„„ i„ Ci „e the two contracting parties should be engaged in a war with ° f """-- each other, they agree,. now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business and transport their effects wherever they please, giving to them the safe conduct necessary for it, which may serve as a sufficient protection until they arrive at the desig . nated port. The citizens of all other occupations, who may be estab- BOLIVIA, 1858. 89 lished in the territories of the United States and the Republic of Bolivia, shall be respected and maintained in the full enjoyment of their per- sonal liberty and property, unless their particular conduct shall cause tbem to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. i Article XXIX. Neither the debts due from the individuals of one nation to the indi- viduals of the other, nor shares, nor moneys which they DebtBi fa ., „ ot ta may have in the public funds, nor in public or private banks, be c °" f " ;M - ei shall ever, in any event of war or of national difference, be sequestered or confiscated. Article- XXX. Both the contracting parties, being desirous of avoiding all inequality in relation to their public communications and official inter- Most favored „,. course, agree to grant to the Envoys, Ministers, and other t,on - public Agents, the same favors, immunities, and exemptions which those of the most favored nation do or may enjoy ; it being understood that whatever favors, immunities, or privileges the United States of America or the Republic of Bolivia may find it proper to give to the Ministers and other public Agents of any other power shall, by the same act, be extended to those of each of the contracting parties. . Article XXXI. * To make effectual the protection which the United States and the Re- public of Bolivia shall afford in future to the navigation Ct , n9ul3 and Vice . and commerce of the citizens of each other, they agree to re- c< """ 11 "- ceive and admit Consuls and Vice-Consuls in all the ports open to. for- eign commerce, who shall enjoy in th&m all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation; each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls and Vice-Consuls may not seem convenient. Article XXXII. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, immunities, and prerogatives . Gredentia ,, mi which belong to them by their public character, they shall, exi »i» ati "- before entering upon their functions, exhibit their commission or patent in due form, to the Government to which they are accredited, and hav- ing obtained their exequatur they shall be held and considered as such by all the authorities, magistrates, and inhabitants in the consular dis- rict in which they reside. Article XXXIII. It is also agreed that the Consuls, and officers and persons attached to the consulate, they not' being citizens of the country in ExMpt;ons of which the Consul resides, shall be exempted from all kinds Co ™° ls ' fa of imposts and contributions, except those which they shall be obliged to pay on account of their commerce or property, to which the citizens or inhabitants, native or foreign, of the country in which they reside are subject, being, in everything besides, subject to the laws of the respect- ive States. The archives and papers of the consulate shall be respected 90 TREATIES AND CONTENTIONS. inviolably, and under no pretext whatever shall any magistrate seize or in any. way interfere with them. Article XXXIV. The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and cus- tody of deserters from the public and private vessels of their country; and for that purpose they shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessels or ships' roll, or other public documents, that those men were part of the said crews; and on this demand, so proved, (saving, how- ever, when the contrary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of said Con- - suls, and may be put in the public prisons, at the request and expense of those who reclaim them, to be sent to. the ships to which they belonged or to others of the same nation ; but if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. Article XXXV. For the purpose of more effectually protecting their commerce and co„»»]ar ccnven- navigation, the two contracting parties agree, as soon here- tion after as circumstances will permit them, to form a consular convention which shall declare especially the powers and immunities of the Consuls and Vice-Consuls of the respective parties. Article XXXVI. The United States of America and the Eepublic of Bolivia, desiring to make as durable as circumstances will permit the relations which are established between the two parties by virtue of this treaty of peace, amity, commerce, and navigation, declare solemnly and agree to the fol- lowing points: 1st. The present treaty shall remain in full force and virtue for the Duration «f tw. term of ten years, to be counted from the day of the ex- trw.t r . change of the ratifications, and further, until the end of one year after either of the contracting parties shall have given notice to thfr other of its intention to terminate the same ; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of said term of ten years ; and it is agreed between them that, on the expiration of one year after such notice shall have been received by either from the other party, this treaty, in all its parts relative to commerce and navigation, shall altogether cease and determine ; and in all those parts which relate to peace and friendship, it shall be perpetual and permanently binding on both powers. 2d. If one or more of the citizens of either party shall infringe any of i„rrm««T,™t of the articles of this treaty, such citizen shall be held person- tioatybychuens. ally responsible for the same, and harmony and good cor- respondence between the two nations shall not be interrupted thereby, each party engaging in no way to protect the offender or sanction such violation. 3d. If, (what indeed cannot be expected,) unfortunately, any of the case of violation f articles contained ijj the present treaty shall be violated, or My ankle. infringed in any other mode whatever, it is expressly BOLIVIA, 1858. 91 stipulated that neither of the contracting parties will order or authorize any act of reprisal, nor declare war against the other, on complaints of injuries or damages until the said party considering itself offended shall have first presented to the other a statement of such injuries or damages, verified by competent proofs, and demanded justice, and the same shall have been either refused or unreasonably delayed. 4th. Nothing in this treaty shall, however, be construed or operate contrary to former and existing public treaties with other Sovereigns and States. The present treaty of peace, amity, commerce, and navigation shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the Eepublic of Bolivia, with the approbation of the National Con- gress; and the ratifications shall be exchanged in the capital of the Eepublic of Bolivia within eight months, to be counted from the date of the ratification by both Governments. In. faith whereof we, the Plenipotentiaries of the United States of America and of the Eepublic of Bolivia, have signed and sealed these presents. Done in La Paz, on the thirteenth (13th) day of May, in the year of our Lord one thousand eight hundred and fifty-eight, (A. D. 1858.) JOHN W. DANA. LUCAS M. DE LA TAPIA. B OKNEO BORNEO, 1850. TREATY WITH BORNEO, CONCLUDED JUNE 23, 1850; RATIFICATIONS EX- CHANGED AT BRUNI JULY 11, 1853 ; PROCLAIMED JULY 12, 1854. His Highness Omar Ali Saifeddin ebn Marhoum Sultan Mahomed Jainalel Alam and Pangiran Anak Mumin, to whom belong the govern mentof the country of Bruni and all its provinces and dependencies, for themselves and their descendants on the one part, and the United States of America on the other, have agreed to cement the friendship which has long and happily existed between them, by a. convention, containing the following articles : Article I. Peace, friendship, and good understanding shall from henceforward p^e M „i frie.,,i. au( l forever subsist between the United States of America S hip deci, ire d. an( j jji s Highness Omar Ali Saifeddin, Sultan of Borneo, and their respective successors and citizens and subjects. Article II. The citizens of the United States of America shall have full liberty to enter into, reside in, trade with, and pass with their mer- chandise through all parts of the dominions of His Highness the Sultan of Borneo, and they shall enjoy therein all the privileges and advantages, with respect to commerce or otherwise, which are now or which may hereafter be granted to the citizens or subjects of the most favored nation; and the subjects of His Highness, the Sultan of Borneo, shall, in like manner, be at liberty to enter into, reside in, trade with, and pass through with their merchandise through all parts 6f the United States of America as freely as the citizens and subjects of the* most favored nation; and they shall enjoy in the United States of America all the privileges and advantages, with respect to commerce or otherwise, which are now or which may hereafter be granted therein, to the citizens or subjects of the most favored nation. Article III. Citizens of the United States shall be permitted to purchase, rent, or seomtie. for prop- occupy, or in any other legal way to acquire, all kinds of er W a „d person, property within the dominions of His Highness the Sultan of Borneo ; and His Highness engages that such citizens of the United States of America shall, as far as lies in his power, within his dominions, enjoy full and complete protection and security for themselves, and for any property which they may so acquire in future, or which they may have acquired already before the date of the present convention. " Article IV. jfcj£Nb article whatever shall be prohibited from being imported into or exported from the territories of His Highness the Sultan of Borneo; but the trade between the United States of America and the dominions of His Highness the. Sultan of Borneo shall be perfectly free, and shall be subject only to the custom duties which may hereafter be in force in regard to such trade. BORNEO, 1850. 93 Article Y. No duty exceeding one dollar per registered ton shall be levied on American vessels entering the ports of His Highness the Sultan of Borneo; and this fixed duty of one dollar per ton, to be levied on all American vessels, shall be in lieu of all other charges or duties whatsoever. His Highness, moreover, engages that American trade and American goods shall be exempt from any internal duties, and also from any injurious regulations which may hereafter, from whatever causes, be adopted in the dominions of the Sultan of Borneo. Article VI. His Highness the Sultan of Borneo agrees that no duty whatever shall be levied on the exportation from His Highness' dominions of any article, the growth, produce, or manufacture of those dominions. Article VII. His Highness the Sultan of Borneo engages to permit the ships of war of the United States of America freely to enter the ports, ^ rivers, and creeks situate within his dominions, and to allow such ships to provide themselves, at a fair and moderate price, with such supplies, stores, and provisions as they may from time to time stand in need of. Article VIII. If any vessel under tbe American flag should be wrecked on the coast of the dominions of His Highness the Sultan of Borneo, His Highness engages to give all the assistance in his power to recover for and to deliver over to the owners thereof all the property that can be saved from such vessels. His Highness further engages to extend to the officers and crew, and to all other persons on board of such wrecked vessels, full protection, both as to their persons and as to their property. Article IX. His Highness the Sultan of Borneo agrees that in all cases where a citizen of the United States shall be accused of any crime committed in any part of His Highness' dominions, the per- Am"!i°nXz™ s h «™ son so accused shall be exclusively tried and adjudged by " the American Consul, or other officer duly appointed for that purpose ; and in all cases where disputes or differences may arise between Ameri- can citizens, or between American citizens and the subjects of His Highness, or between American citizens and the citizens or subjects of any other foreign power in the dominions of the Sultan of Borneo, the American Consul, or other duly appointed officer, shall have power to hear and decide the same, without any interference, molestation, or hindrance on the part of any authority of Borneo, either before, dur- ing, or after the litigation. This treaty shall be ratified, and the ratifications thereof shall be ex- changed at Bruni at any time prior to the fourth day of July, in the year one thousand eight hundred and fifty-four. Done at the city of Bruni on this twenty-third day of June, anno Domini one thousand eight hundred and fifty, and on the thirteenth day of the month Saaban, of Jthe year of the Hegira one thousand two hun- dred and sixty-six. L. s.l JOSEPH BALESTIBB. L. s.J OMAR ALI SAIFEDDIK BRAZIL. BBAZIL, 1828. TREATY WITH BRAZIL, CONCLUDED DECEMBER 12, 1828 ; RATIFICATIONS EXCHANGED MARCH 18, 1829; PROCLAIMED MARCH 18, 1829. [This treaty "in all parts relating to commerce and navigation," ceased and determined December 12, 1841, pursuant to notice given by the Brazilian Government under Article XXXIII.] In the name of the Most Holy and Indivisible Trinity. The United States of America and His Majesty the Emperor of Brazil, desiring to establish a firm and permanent peace and friend- ship between both nations, have resolved to fix, in a manner clear, dis- tinct, and positive, the rules which shall in future be religiously ob- served between the one and the other, by means of a treaty or general convention of peace, friendship, commerce, and navigation. For this most desirable object, the President of the United States has conferred full powers on William Tudor, their Charge, d' Af- faires at the Court of Brazil; and His Majesty the Emperor of Brazil, on the Most Illustrious and Most Excellent Marquez of Aracaty, a member of his Council, Gentleman of the Imperial Bed- chamber, Councillor of the Treasury, Grand Cross of the Order of Aviz, Senator of ' the Empire, Minister and Secretary of State for Foreign Affairs, and Miguel de Souza Mello e Alvim, a member of his CounciJ, Commander of the Order of Aviz, Knight of the Imperial Order of the Cross, Chief of Division in the Imperial and National Navy, Minister and Secretary of State for the Marine ; Who, after having exchanged their said full powers, in due and proper form, have agreed to the following articles: Article I. There shall be a perfect, firm, and inviolable peace and friendship between the United States of America and their citizens and His Imperial Majesty, his successors and subjects, through- out their possessions and territories respectively, without distinction of persons or places. Article II. The United States of America and His Majesty the Emperor of Mo,t favor ad Brazil, desiring to live in peace and harmony with ail the nation. other nations of the earth, by means of a policy frank and equally friendly with all, engage mutually not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensation if the concession was conditional. It is under- stood, however, that the relations and conventions which now exist, or may hereafter exist, between Brazil and Portugal, shall form an excep- tion to this article. 95 Article III. , The two high contracting parties, beiag likewise desirous of placing the commerce and navigation of their respective countries on the liberal basis of perfect equality and reciprocity, mutually agree that the citizens and subjects of each may frequent all the coasts and countries of the other, and reside and trade there in all kinds of produce, manufactures, and merchandise; and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce, which native citizens or subjects do or shall enjoy, submitting them- selves to the laws, decrees, and usages there established, to which native citizens or subjects are subjected. But it is understood that this article does not include the coasting trade of either ( ^ t d country, the regulation of which is reserved by the parties respectively, according to their own separate laws. Article IV. They likewise agree that whatever kind of produce, manufactures, or merchandise of any foreign country can be from time to Ve r ° pertJ '- wise; and their representatives, being citizens or subjects of the other party, shall succeed, to the said personal goods, whether by testament, or ab intestato, and they may take possession thereof, either bj them- selves, or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein said goods are shall be subject to pay in like cases ; and if, in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance on account of their character of aliens, there shall be granted to them the term of three years to dispose of the same as they may. think proper, and to with- draw the proceeds without molestation, nor any other charges than those which are imposed by the laws of the country. Article XII. Both the contracting parties promise and engage formally to give their special protection to the persons and property of the ... •• t . , /. tj_i J? ii ,• t Special protection citizens and subjects or each other, of all occupations, who to Pe r»o M and prop- may be in their territories, subject to the jurisdiction of the erty ' Sc one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial intercourse, on the same ' terms which are usual and customary with the natives or citizens and subjects of the country in which they may be; for which they may em- ploy, in defence of their rights, such advocates, solicitors, notaries, agents, and factors, as they may judge proper in all their trials at law. Article XIII. It is likewise agreed that the most perfect and entire security of con science shall be enjoyed by the citizens or subjects of both Sec „ ity of co „. the contracting parties, in the countries subject to the juris- ' dence . &c - diction of the one and the other, without their being liable to be dis- turbed or molested on account of their religious belief, so long as they respect the laws and established usages of the country. Moreover, the bodies of the citizens and subjects of one of the contracting parties who may die in the territories of the other shall be buried in the usual bury- ing grounds, or in other decent or suitable places, and shall be protected from violation or disturbance. Article XIY. It shall be lawful for the citizens and subjects of the United States of America, and of the Empire of Brazil, to sail with their Free oodt ships, with all manner of liberty and security, no distinc- tion being made who are the proprietors of the merchandise laden thereon, from any port to the places of those who now are, or who hereafter shall be, at enmity with either of the contracting parties. It 7* — 98 ■ TREATIES AND CONVENTIONS. shall likewise be lawful for the citizens and subjects aforesaid to sail with the ships and merchandises before mentioned, and to trade with the same liberty and security, from the places, ports, and havens of those who are enemies of either party, without any opposition or dis- turbance whatsoever, not only directiy from the places of the enemy before mentioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one power or under several. And it is hereby stipulated that free ships shall also give freedom to goods, and that everthing shall be deemed to be free and exempt which shall be found on board the ships belonging to the citizens or subjects of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either, contraband goods being always excepted. It is also agreed in like manner that the same liberty be Free 8 hip S , free extended to persons who are on board a free ship, with this person.. " effect, that, although they be enemies to both or either party, they are not to be taken out of that free ship unless they are officers or soldiers and in the actual service of the enemies ; provided, however, and it is hereby agreed,that the stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those powers only who recognize this prin- ciple ; but if either of the two contracting parties shall be at war with a third and the other neutral, the flag of the neutral shall cover the prop- erty of enemies whose Governments acknowledge this principle, and not of others. Article X V. It is likewise agreed that, in the case where the neutral flag of one of Q,,aii6cationofihe the contracting parties shall protect the property of the principle. enemies of the other, by virtue of the above stipulation, it'" shall always be understood that the neutral property found on board such enemy's vessels shall be held and considered as enemy's property, and as such shall be liable to detention and confiscation, except such property as was put on board such vessel before the declaration of war, or even afterwards, if it were done without the knowledge of it ; but the contracting parties agree that, four months having elapsed after the declaration, their citizens shall not plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy's prop- erty, in that case the goods and merchandise of the neutral embarked in such enemy's ship shall be free. Article XVI. This liberty of commerce and navigation shall extend to all kinds' of contraband oods merchandises, excepting those only which are distinguished by the name of contraband ; and' under this name of con- traband or prohibited goods shall be comprehended — 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuzees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, hal- berds, and grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms. 2dly. Bucklers, helmets, breast plates, coats of mail, infantry belts, and clothes made up in the form and for a military use. 3dly. Cavalry belts and horses with their furniture. 4thly. And generally all kinds of arms and instruments of iron, steel, BRAZIL, 1828. 99 brass, and copper, or of any other materials manufactured, prepared, and formed expressly to make war by sea or land. Article XVII. All other merchandise and things not comprehended in the articles of contraband, expressly enumerated and classified as above, A11 aaar mev . shall be held and considered as free, and subjects of free chandise - and lawful commerce, so that they may be carried and transported in the freest manner by both -the contracting parties, even to places belonging to an enemy, excepting only those places which are at that time besieged or blockaded ; and, to avoid all doubt in this particular, it is declared that those places only are besieged or blockaded which are actually attacked by a force capable of prevent- ing the entry of the neutral. Article XYIII. The articles of contraband, before enumerated and classified, which may be found in a vessel bound for an enemy's port, shall be subject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be de- tained on the high seas on account of having on board articles of con- traband, whenever the master, captain, or supercargo of said vessels will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great and of so large a bulk that they cannot be received on board the capturing ship without great inconvenience ; but in this and all the other cases of just detention the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment, according to law. Article XIX. And whereas it frequently happens that vessels sail for a port or a place belonging to an enemy, without knowing that the NotlM of block . same is besieged, blockaded, or invested, it is agreed that ade - every vessel so circumstanced may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from any officer commanding a vessel of the blockading forces, she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel oL either that may have entered into such port before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor if found therein after the reduction and surrender shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. And if any vessel having thus entered the port before the blockade took place, shall take on board a cargo after the blockade be estab- lished, she shall be subject to being warned by the blockading forces to return to the port blockaded, and discharge the said cargo, and if after receiving the said warning. the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as a vessel attempting to enter a blockaded port after being warned off by the blockading forces. Examination vesseia. 100 TREATIES AND CONVENTIONS. Article XX. In order to prevent all kinds of disorder in the visiting and examina- of tion of the ships and cargoes of both the contracting parties on the high seas, they have agreed mutually, that whenever a vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain at the greatest distance compatible with making the visit under the circumstances of the sea and wind and the degree of suspicion attending the vessel to be visited, and shall send its smallest boat, in order to execute the said examina- tion of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill treatment, for which the commanders of the said armed ships shall be responsible with their persons and property; for which purpose the commanders of the said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damages they may commit ; and it is expressly agreed that the neutral party shall in no case be re- quired to go on board the examining vessel, for the purpose of exhibit- ing her papers, or for any other purpose whatever. Article XXI. To avoid all kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging vided B8 w 8 ith° ceiS to the citizens and subjects of the two contracting parties, they have agreed, and do agree, that in case one of them shall be engaged in war, the ships and vessels belonging to the citizens or subjects of the other must be furnished with sea-letters or passports, expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master . or commander of said vessel, in order that it may thereby appear that the ship really and truly belongs to the citizens or subjects of one of the parties; they have likewise agreed, that such ships being laden, besides the said sea-letters or passports, shall also be provided with certificates, containing the several partic- ulars of the cargo, and the place whence the ship sailed, so that it may be known whether any forbidden or contraband goods be on board the same ; which certificates shall be made out by the officers of the place whence the ship sailed, in the accustomed form ; without such requi- sites said vessel may be detained, to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be proved to be owing to accident, and be satisfied or supplied by testi' mony entirely equivalent. Article XXII. It is further agreed that the stipulations above expressed, relative to ve»ei. u„derc n . the visiting and examining of vessels, shall apply only to those ■""■ which sail without convoy; and when said vessel shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag he carries ; and when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient Article XXIII. It is further agreed that in all cases the established courts for , prize causes, in the countries to which the prizes mav be Prize courts only. -i.-i-ini • i . „ . j-**"^*' auivj conducted, shall alone take, cognizance of them. And when- BEAZIL, 1828. ever such tribunal, of either party, shall pronoun? any vessel, or goods, or property claimed by the citft subjects of the other party, the sentence or decree ' mention the reasons or motives on which the same shall have been founded, and an authenticated copy of the sentence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of said vessel, without any delay, he paying the legal fees for the same. Article XXIV. Whenever one of the contracting parties shall be engaged in war with another State, no citizen or subject of the, other contracting Letter30 r ra „ me , party shall accept a commission or letter of marque for the &c purpose of assisting or cooperating hostilely with the said enemy, against the said party so at war, under the pain of being treated as a pirate. Article XXV. If, by any fatality, which cannot be expected, and which God forbid, the twb contracting parties should be engaged in a war with c ^ each other, they have agreed, and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business, and transport their effects wherever they please, giving to them the safe conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens and subjects of all other occupations, who may be established in the territories or dominions of the United States, and of the Empire of Brazil, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. Article XXVI. Neither the debts due from the individuals of the one nation to the individuals of the other, nor shares nor money which they Ko property , obe may have in public funds, nor in public or private banks, c °" fi8 «» ted shall ever in any event of war or national difference be sequestrated or confiscated. Article XXVII. Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official inter- i mmmMM oc P ^- course, have agreed, and do agree, to grant to their Envoys, lk » se, " s ' Ministers, and other public Agents, the same favors, immunities, and ex- emptions which those of the most favored nation do or shall enjoy; it being understood that whatever favors, immunities, or privileges the United States of America or the Empire of Brazil may find it proper to give the Ministers and public Agents of any other power, shall, by the same act, be extended to those of each of the contracting' parties. Article XXVIII. To make more effectual the protection which the United States and the Empire of Brazil shall afford in future to the navigation of CoraulB Sc and commerce of the citizens and subjects of each other, 102 TREATIES AND CONVENTIONS. they agree to receive and admit Consuls and Vice-Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation; each contracting party, however, remaining at liberty to except those ports and places in which, the admission and resi- dence of such Consuls may not seem convenient. Article XXIX. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities which belong to them by their public character, they shall, before entering on the exercise of their functions, exhibit their commis- sions or patent, in due form, to the Government to which they are accredited ; and having obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates, and inhabitants in the consular district in which they reside. Article XXX. It is likewise agreed that the Consuls, their secretaries, officers, and privileges of con- persons attached to the service of Consuls, they not being sui», &c. citizens or subjects of the country in which the Consul resides, shall be exempt from all public service, and also from all kinds of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens or subjects and inhabitants, native and foreign, of the country in which they reside are subject; being in everything besides subject to the laws of their respective States. The archives and papers of the consulate shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. Article XXXI. The said Consuls shall have power to require the assistance of the ' authorities of the country for the arrest, detention, and cus- tody of deserters from public and private vessels of their country, and for that purpose they shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessel or ship's roll, or other public documents, that those men were part of said crews; and on this demand so proved, (saving, however, where the contrary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of said Consuls, and may be put in the public prison, at the request and expense of those who reclaim them, to be sent to the ships to which they belonged or to others of the same nation. But if they be not sent back within two months, to be, counted from the day of their arrest, they shall be set at liberty, and shall no more be arrested for the same cause. Article XXXII. For the purpose of more effectually protecting their commerce and •consul co„ven- navigation, the two contracting parties do hereby agree, as tion - soon hereafter as circumstances will permit them, to form a consular convention, which shall declare specially the powers and immu- nities of the Consuls and Vice-Consuls of the respective parties. BRAZIL, 1828. 103 Article XXXI1L The United States of America and the Emperor of Brazil, desiring to make as durable as circumstances will permit the relations which are to be established between the two parties by virtue of this treaty, or general convention of peace, amity, commerce, and navigation, have declared solemnly and do agree to the following points: • 1st. The present treaty shall be in force for twelve years from the date hereof, and further until the end of one year after either^ of the contracting parties shall have given notice to the D ^ al,0 " <>ftre " tjr - other of its intention to terminate the same ; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of said term of twelve years ; and it is hereby agreed between them, that on the expiration of one year after such notice shall have been received by either from the other party, this treaty, in all the parts relating to commerce and navigation, shall altogether cease and deter- mine, and in all those parts which relate to peace and friendship it shall be permanently and perpetually binding on both powers. 2dly. If any one or more of the citizens or subjects of either party shall infringe any of the articles of this treaty, such citizen or sub- ffen( . 6s of citi . jeet shall be held personally responsible for the same, and zens - the harmony and good correspondence between the nations shall not be interrupted thereby; each party engaging in no way to protect the offender or sanction such violation. 3dly. If, (which, indeed, cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated or infringed in any way whatever, it is expressly stipulated, that neither of the con- tracting parties will order or authorize any acts of reprisal, nor declare war against the other, on complaints of injuries or damages, until the said party considering itself offended shall first have presented to the other a statement of such injuries or damages, verified by competent proof, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed. 4thly. [Nothing in this treaty contained shall, however, be construed to operate contrary to former and existing public treaties with other Sov- ereigns or States. The present treaty of peace, amity, commerce, and navigation shall be approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by the Em- peror of Brazil, and the ratifications shall be exchanged within eight months from the date of the signature hereof, or sooner if possible. In faith whereof we, the Plenipotentiaries of the United States of America and of His Majesty the Emperor of Brazil, have signed and sealed these presents. Done in the City of Eio de Janeiro, this twelfth day of the month of December, in the year of our Lord Jesus Christ one thousand eight hundred and twenty-eight. [l. s.j W. TUDOR. L. S.J MARQUEZ DE AEACATY. "L. S.J MIGUEL DE SOUZA MELLO E ALYIM. 104 TREATIES AND CONVENTIONS. BEAZIL, 1849. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE EMPEROR OF BRAZIL, FOR THE SATISFACTION OF CLAIMS OF CITIZENS OF THE UNITED STATES ON THE BRAZILIAN GOVERNMENT, CONCLUDED JANUARY 27, 1849; RATIFICATIONS EX- CHANGED JANUARY 18, 1850; PROCLAIMED JANUARY 19, 1850. In the name of the Most Holy and Indivisible Trinity. The United States of America and His Majesty the Emperor of preamble Brazil, desiring to remove every cause that might inter- fere with the good understanding and harmony which now happily exist between them, and which it is so much the interest of both countries to maintain ; and to come, for that purpose, to a defini- tive understanding, equally just and honorable to each, as to the mode of settling the long-pending questions arising out of claims of citi- zens of said States, have for the same appointed, and conferred full powers, respectively, to wit: The President of the United States of America, on David Tod, Envoy Extraordinary and Minister Plenipotentiary from the said States near the court of Brazil; and His Majesty the Em- peror of Brazil, upon the most illustrious and most excellent Viscount of Olinda, of 'his Council, and of the Council of State, Senator and Gran- dee of the Empire, Grand Cross of the Order of Saint Stephen of Hun- gary, of the Legion of Honor of France, and of Saint Maurice and Saint Lazarus of Sardinia, Officer of the Imperial Order of the Cross, Com- mander of the Order of Christ, President of the Council of Ministers, Minister and Secretary of State for Foreign Affairs ; Who, after exchanging their full powers, which were found in good and proper form, agreed to the following articles : Article I. The two high contractin g parties, appreciating the difficulty ,of agreeing 530 oon ™irei 8 to u P° n * ne subject of said reclamations, from the belief enter- KnonorVFpreif ta i ne d by each — one of the justice of the claims, and the other 3°S , 'o" < the e ur.?ted of their injustice — and being convinced that the only equita- ble and honorable method by which the two countries can arrive at a perfect understanding of said questions is to adjust them by a single act, they mutually agreed, after a mature examination of these claims, and, in order to carry this agreement into execution, it becomes the duty of Brazil, to place at the disposition of the President of the United States the amount of five hundred and thirty thousand milreis, current money of Brazil, as a reasonable and equitable sum; which shall comprehend the whole of the reclamations, whatever may be their nature and amount, and as 'full compensation for the indemnifica- tions claimed by the Government of said States, to be paid in a round sum, without reference to any one of said claims, upon the merits of which the two high contracting parties refrain from entering; it being left to the Government of the United States to estimate the justice that may pertain to the claimants, for the purpose of distributing among them the aforesaid sum of five hundred and thirty thousand milreis as it may deem most proper. BRAZIL, 1849. 105 AETICLE II. In conformity to what is agreed upon in the preceding article, Brazil is exonerated from all responsibility springing out of the aforesaid claims presented by the Government of the United s P riS°"t b of'thJ States up to the date of this convention, which can neither " s °' e! " uici '"""- be reproduced nor reconsidered in future. Article III. In order that the Government of the United States may be enabled properly to consider the claims of the citizens of said States, D OCUine „, s t0 be they remaining, as above declared, subject to its judgment, e"™f $*l u™. the respective documents which throw light upon them shall tedstate »- be delivered by the Imperial Government to that of the United States, so soon as this convention shall receive the ratification of the Govern- ment' of said States. Aeticle IV. The sum agreed upon shall be paid by the Imperial Government to that Qf the United States, in the current money of Brazil, m ra .„dho W ti» as soon as the exchange of the ratifications of this conven- " m is *> be pnii tion is made known in this capital, for which His Majesty the Em- peror of Brazil pledges himself to obtain the necessary funds at the next session of the legislature. Aeticle V. The payment of the sum above named, of five hundred and thirty thousand milreis, shall not be made until after the recep- tion of the notice in this capital of the exchange of ratifi- """"'">*•='• cations ; but the said' sum shall bear interest, at six per centum per annum, from the first day of July next. The Imperial Government, however, obliges itself to make good that interest only when, in con- ormity to the preceding article of this convention, the amount stipu- ated shall be paid. Aeticle VI. The present convention shall be ratified, and the ratifications ex- changed, in Washington, within twelve months after it is signed in this capital, or sooner if possible. In faith of which we, Plenipotentiaries of the United States of Amer- ica and of His Majesty the Emperor of Brazil, sign and seal the same. Done in the city of Bio de Janeiro, this twenty-seventh day of Jan- uary, in the year of our Lord one thousand eight hundred and forty -nine. L L. s. DAVID TOD. VLSCQKDE DE OLINDA. BREMEN, LUBEO, AND HAMBURG. (See Hanseatic Eepublics.) BRUNSWICK AND LUNEBURG. BRUNSWICK AND LUNEBUEC, 1854. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE DUKE OF BRUNSWICK AND LUNEBURG, CONCLUDED AUGUST 21, 1854; RATIFI- CATIONS EXCHANGED JULY 28, 1855; PROCLAIMED JULY 30, 1855. [The duchy of Brunswick and Luneburg became a State of the North German Union by the constitution of the latter, which took effect July I, 1867, and which conferred the power of making treaties upon the King of Prussia. (See opinion of Attorney General Evarts, August 19, 1868; 12 Opinions of Attorneys General, 463.)] The President of the United States of America and His Highness the Duke of Brunswick and Luneburg, animated by the desire to secure and extend by an amicable convention the rela- tions' happily existing between the two countries, have, to this effect, appointed as their Plenipotentiaries, to wit: The President of the United States of America, William L. Marcy, Secretary of State of the United States ; and His Highness the Duke of Brunswick and Luneburg, Dr. Julius Samson, his said Highness' Consul at Mobile, Alabama ; Who, after the exchange of their full powers, found in good and due form, have agreed upon and signed the following articles: Article I. The citizens of each one of the high contracting parties shall have of ow™ P ower to dispose of their personal property, within the an^topoa'inso ^™ jurisdiction of the other, subject to the laws of the State or country where the domicil is, or the property is found, either by testament, donation, or ab intestato, or in any other manner; and their heirs, being citizens of the other party, shall inherit all such personal estates, whether by testament or ab intestato, and they may take possession of the same, either personally or by attorney, and dis- pose of them as they may think proper, paying to the respective Gov- ernments no other charges than those to which the inhabitants of the country in which the said property shall be found would be liable in a similar case; and in the absence of such heir or heirs the same care shall be taken of the property that would be taken in the like case for the preservation of the property of a citizen of the same country, until the lawful proprietor shall have had time to take measures for possessing himself of the same; and in c,ase any dispute BRUNSWICK AND LTJNEBUEG, 1854. 107 should arise between claimants to the same succession, as to the prop- erty thereof, the question shall be decided according to the laws, and by the judges, of the country iu which the property is situated. Article II. If by the death of a person owning real property in the territory of one of the high contracting parties such property should DevjseeB or heirs descend, either by the laws of the country or by testa.- ofMal estate - inentary disposition, to a citizen of the other party, who, on account of his being an alien, could not be permitted to retain the actual possession of such property, such term as the laws of the State or country will per- mit shall be allowed to him to dispose of such property, and collect and withdraw the proceeds thereof, without paying to the Government any other charges than those which, in a similar case, would be paid by an inhabitant of the country in which such real property may be situated. Article III. The present convention shall be in force for the term of twelve years from the date hereof; and further until the end of twelve Dlimion or thiB months after the Government of the United States on the ™ m '™°«'- one part, or that of His Highness the Duke of Brunswick and Liineburg on the other, shall have given notice of its intention of terminating the same. This convention shall be ratified, and the ratifications shall be exchanged at Washington, within twelve months after its BatiEcaaona. •date, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the present convention, and have thereunto affixed their seals. Done at Washington this twenty-first day of August, in the year of our Lord one thousand eight hundred and fifty-four, and of the Inde- pendence of the United States the seventy-ninth. l. s. L. W. L. MAEOT. JULIUS SAMSON. CENTRAL AMERICA. CENTEAL AMEEICA, 1825. GENERAL CONVENTION OP PEACE, AMITY, COMMERCE, AND NAVIGATION BETWEEN THE UNITED STATES OP AMERICA AND THE FEDERATION OF THE CENTRE OF AMERICA, CONCLUDED DECEMBER 5, 1825; RATIFI- CATIONS EXCHANGED AUGUST 2, 1826; PROCLAIMED OCTOBER 28, 1826. [This treaty, as respects commerce and navigation, expired by its own limitation on the 2d of August, 1838, and for the rest by the disso- lution of the Federation in 1847-'48.] The United States of America and the Federation of the Centre of America, desiring to make firm and permanent the peace and friendship which happily prevail between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall in future be religiously observed between the one and the other, by means of a treaty, or general convention of peace, friendship, commerce, and navigation. For this most desirable object, the President of the United States of America has conferred full powers on Henry Clay, their Secretary of State; and the Executive Power of the Feder- ation of the Centre of America on Antonio Jose Canas, a Deputy of the Constituent National Assembly for the Province of San Salvador, and Envoy Extraordinary and Minister Plenipotentiary of that Eepub- lie near the United States; Who, after having exchanged their said full powers in due and proper form, have agreed to the following articles : Article I. There shall be a perfect, firm, and inviolable peace and sincere friend- peace and fri.„d- sliip between the United States of America and- the Feder- ehip - ation of the Centre of America, in all the extent of their possessions and territories, and between their people and citizens, respectively, without distinction of persons or places. Article II. The United States of America and the Federation of the Centre of America, desiring to live in peace* and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all, engage mutually not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not imme- diately become common to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same com- pensation if the concession was conditional. Article III. The two high contracting parties, being likewise desirous of placing Freedom of inter- the commerce and navigation of their respective countries """"• on the liberal basis of perfect equality and reciprocity,' CENTRAL AMERICA, 1825. 109 mutually agree that tbe citizens of each may frequent all the coasts and countries of the other, and reside and trade there, in all kinds of produce, manufactures, and merchandise ; and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce which native citizens do or shall enjoy, submitting themselves to the laws, decrees, and usages there established to which native citieens are sub- jected. But it is understood that this article does not include the coast- ing trade of either country, the regulation of which is reserved by the parties, respectively, according to their own separate laws. Article IV. They likewise agree that whatever kind of produce, manufacture, or merchandise of any foreign country can be, from time to Fanhermeemmt time, lawfully imported into the United States in their own "roLeTItSeS vessels, may be also imported in vessels of the Federation ° ther - of the Centre of America ; and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And in like manner that whatever kind of produce, manufactures^ or merchandise of any foreign country can be, from time to time, lawfully imported into the Central Republic, in its own vessels, may be also imported in vessels of the United States, and that no higher or other duties upon the tonnage of the vessel, or her cargo, shall be levied and collected, whether the importation be made in vessels of the one country or' of the other.. And they further agree that whatever may be lawfully exported or reexported from the one country in its own vessels to any foreign country may, in like manner, be exported or reexported in the vessels of the other country. And the same bounties, duties, and draw- backsshall be allowed and collected,. whether such exportation or re-, exportation be made in vessels of the United States or of the Central Republic. Article V. No higher or other duties shall be imposed on the importation into the United States of any articles, the produce or manufac- tures of the Federation of the Centre of America, and no higher or other duties shall be imposed on the importation into the Federation of the Centre of America of any articles, the produce or manufactures of the United States, than are or shall be payable on the like articles, being the. produce or manufactures of any other foreign country ; nor shall any higher or other duties or charges be imposed in either of the two countries on the exportation of any articles to the United States or to the Federation of the Centre of America, respect- ively, than such as are payable on the exportation of the like articles to any other foreign country ; nor shall any prohibition be imposed on the exportation or importation of any articles, the produce or manufac- tures of the United States or of the Federation of the Centre of America, to or from the territories of the United States or to or from the territo- ries of the Federation of the Centre of America, which shall not equally extend to all other nations. Article VI. It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens, of both countries, j. urthera to manage, themselves, their own business, in all the ports 110 TREATIES AND CONVENTIONS. and places subject to the jurisdiction of each other, as well with respect to the consignment and sale of their goods and merchandise, by whole- sale or retail, as with respect to the loading, unloading, and sending off their ships ; they being, in all these cases, to be treated as citizens of the country in which they reside, or at least to be placed on a footing with the subjects or citizens of the most favored nation. Article VII. The citizens of neither of the contracting parties shall be liable to any Embar <> &c embargo, nor be detained with their vessels, cargoes, mer- chandise, or effects for any military expedition, nor for any public or private purpose whatever, without allowing to those inter- ested a sufficient indemnification. Article VIII. "Whenever the citizens of either of the contracting parties shall be prote uo « f° rce d to seek refuge or asylum in the rivers, bays, ports, or eive™ to cIL™ ol dominions of the other, with their vessels, whether merchant or of war, public or private, through stress of weather, pur- suit of pirates, or enemies, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind. Article IX. All the ships, merchandise, and effects belonging to the citizens of captures by P i- one of the contracting parties, which may be captured by pirates, whether within the limits of its jurisdiction or on the high seas, and may be carried or found in the rivers, roads, bays, ports, or dominions of the other, shall be delivered up to the owners, they proving in due and proper form their rights before the competent tribunals; it being well understood that the claim should be made within the term of one year by the parties themselves} their attorneys, or agents of the respective Governments. Article X. When any vessel belonging to the citizens of either of the contracting wreck* parties shall be wrecked, foundered, or shall suffer any dam- age on the coasts, or within the dominions of the* other, there shall be given to them all assistance and protection, in the same manner which is usual and customary with the vessels of the nation where the damage happens, permitting them to unload the said vessel, if necessary, of its merchandise and effects, without exacting for it any duty, impost, or contribution whatever, until they may be exported. Article XI. The citizens of each of the contracting parties shall have power to dis- per-caisood, P ose of their P er80nal g° od s within the jurisdiction of "the other, by sale, donation, testament, or otherwise, and their representatives, being citizens of the Other party, shall succeed to their said personal goods, whether by testament or ab intestate, and they may take possession thereof, either by themselves or others acting for them, rates. CENTRAL AMERICA, 1825. ' 111 and dispose of the same at their will, paying such dues only as the inhab- itants of the country, wherein said goods are, shall be subject to pay in like cases. And if, in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance, on account of their character of aliens, there shall be granted to them the term of three years to dispose of the same, as they may think proper, and to withdraw the proceeds without molestation, and exempt from all duties of detraction, on the part of the Government of the respective States. Article XII. Both tbe contracting parties promise and engage formally to give their special protection to the persons and property of the citizens « , * ,-. « „ ^ / i • ,f , Contracting parties of each other, of all occupations, who may be in the tern- f ™;t '° ^ * e ;; tories, subject to the jurisdiction of the one or the other, tCStiS"""^^ transient or dwelling therein, leaving open and free to them """ the tribunals of justice for their judicial recourse, on the same terms which are usual and customary with the natives or citizens of the coun- try in which they may be ; for which they may employ, in defence of their rights, such advocates, solicitors, notaries, agents, and factors, as they may judge proper, in. all their trials at law; and such citizens or agents shall have free opportunity to be present at the decisions and sentences .of the tribunals, in all cases which may concern them, and likewise at the taking of all examinations and evidence which may be exhibited in the said trials. Article XIII. It is likewise agreed that the most perfect and entire" security of con- science shall be enjoyed by the citizens of both the contract- s ecurity of co „. ing parties in the country subject to the jurisdiction of the ,d8 ° ce ' one and the other, without their being liable to be disturbed or molested on account of their religious belief, so long as they respect the laws and established usages of the country. Moreover, the bodies of the citizens of one of the contracting parties, who may die in the territories of the other, shall be buried in the usual burying grounds, or in other decent and suitable places, and shall be protected from violation or disturbance. Article XIV. It shall be lawful for the citizens of the United States of America and of the Federation of the Centre of America to sail with their 0i t i7en9 „,- bc , th ships, with all manner of liberty and security, no distinction &$*!?,,£ tnlZ^v being made who are the proprietors of the merchandise laden ^"""'^ thereon, from any port, to the places of those who now are, or hereafter shall be, at enmity with either of the contracting parties. It shall like- wise be lawful for the citizens aforesaid to sail with the ships and mer- chandise before mentioned, and to trade with the same liberty and se? curity from the places, ports, and havens, of those who are- enemies of both or either party, without any opposition Or disturbance whatsoever, not only directly from the places of the enemy, before mentioned, to neu- tral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one power or under several. And it is hereby stipulated, that free ships shall also give freedom to goods, and that everything shall be deemed to be free and exempt which shall be found on board the ships belonging to the citizens of either of the contracting parties, although the whole 112 TREATIES AND CONVENTIONS. lading, or any part thereof, should appertain to the enemies of either, contraband goods being always excepted. It is also agreed, in like man- ner, that the same liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are officers or soldiers, and in the actual service of the en- emy : Provided, However, and it is hereby agreed, that the stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those powers only who recognize this principle; but if either of the two contracting parties shall be at war with a third, and the other neutral, the flag of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not of others. Article XV. It is likewise agreed that, in the case where the neutral flag of one of F»,the r .„«<,- the contracting parties shall protect the property of the en- ■■""• emies of the other by virtue of the above stipulation, it shall always be understood that the neutral property found on board such enemy's vessels shall be held and considered as enemy's property, and as such shall be liable to detention and confiscation, except such prop- erty as was put on board such vessel before the declaration of war, or even afterwards, if it were done without the knowledge of it; but the contracting parties agree that two months having elapsed after the dec- laration, their citizens shall not plead ignorance thereof. On the con- trary, if the flag of the neutral does not protect the enemy's property, in that case the .goods and merchandise of the neutral, embarked in such enemy's ships, shall be free. Article XVI. This liberty of navigation and commerce shall extend to all kinds of merchandise excepting those only which are distinguished to''."? ?omm"S by the name of contraband, and under this name of contra- extendsto, &c band Qr pro iji b i te( j g 00 d s s hall be comprehended— 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuzees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, hal- berds, and grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms ; 2dly. Bucklers, helmets, breastplates, coats of mail, infantry belts and clothes, made up in the form and for a military use ; 3dly. Cavalry belts and horses with their furniturej; 4thly. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed expressly to make war by sea or land. Article XVII. All other merchandise and things not comprehended in the articles ah other merman- of contraband explicitly enumerated and classified as above, toe - shall be held and considered as free, and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by both the contracting parties even to places belonging to an enemy, excepting only those places which are at that time besieged or blockaded; and to avoid all doubt in this particular it is declared that those places only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral CENTRAL AMERICA, 1825. 113 ARTICLE XVIII. The articles of contraband before enumerated and classified which may- be found in a vessel bound for an enemy's port, shall be sub- C ortrab a ™i ject to detention andconfisc.ation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the high seas on account of having on board articles of contraband when- ever the master, captain, or supercargo of said vessels will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great and of so large a bulk that they cannot be received on board the capturing ship without great inconvenience; but in this and in all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port, for trial and judgment, according to law. Article XIX. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is rurth „ „„,„_ besieged, blookaded, or invested, it is agreed that every mint vessel so circumstanced may be turned away from such port or place but shall not be, detained, nor shall any part of her cargo, if not contra- band, be confiscated, unless after warning of such blockade or invest- ment from the commanding officer of the blockading forces she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Xof shall any vessel of either that may have entered into such port before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor if found therein after the reduction and surren- der shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. Article XX. In order to prevent all kind of disorder in the visiting and examina- tion of the ships and cargoes of both the contracting parties on the high seas, they have agreed mutually, that when- ever a vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain out of cannon shot, and may send its boat with two or three men only in order to execute the said examination of the* papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill treatment, for which the commanders of the said armed ships shall be responsible with their persons and property, for which purpose the commanders of said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damages they may commit. And it is expressly agreed that the neutral party shall in no case be re- quired to go on' board the examining vessel for the purpose of exhibit- ing her papers, or for any other purpose whatever. Article XXI. To avoid all kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging Esiminatio „ of to the citizens of the two contracting parties, they have """"■ agreed and do agree that in case one of them should be engaged in war, 8 114 TREATIES AND CONVENTIONS. the ships and vessels belonging to the citizens of the other must be furnished with sea-letters or passports expressing the name, property, and bulk of the ship, as also the name and place of .habitation of the master or commander of said vessel, iD order that it may thereby) appear that the ship really and truly belongs to the citizens of one of the parties ; they have likewise agreed that such ships being laden, besides the said sea-letters or passports, shall also be provided with certificates containing the several particulars of the cargo and the place whence the ship sailed, so that it may be known whether any forbidden or con- traband goods be on board the same ; which certificates shall be made out by the officers of the place whence the ship sailed in the accus- tomed form ; without which requisites said vessel may be detained to be adjudged by the competent tribunal, and may be declared legal prize unless the said defects shall be satisfied or supplied by testimony en- tirely equivalent. Article XXII. It is further agreed that the stipulations above expressed relative to Fu.u.er asr«- the visiting and examination of vessels shall apply only """"• to those which sail without convoy; and when said vessels shall be under convoy the verbal declaration of the commander of the convoy on his word of honor that the vessels under his protection be- long to the nation whose flag he carries — and when they are bound to an enemy's port that they have no contraband goods on board — shall be sufficient. Article XXIII. It is further agreed that in all cases the established courts for prize causes in the country to which the prizes may be conducted shall alone take cognizance of them. And whenever such tri- bunal of either party shall pronounce judgment against any vessel or goods or property claimed by the citizens of the other party, the sen- tence or decree shall mention the reasons or motives on which the same shall have been founded, and an authenticated copy of the sentence or decree and of all the proceedings in the case shall, if demanded, be delivered to the commander or agent of said vessel without any delay, he paying the legal fees for the same. Article XXIV. Whenever one of the contracting parties shall be engaged in war with another State, no citizen of the other contracting party shall accept a commission or letter of marque for the purpose of assisting or cooperat- ing hostilely with the said enemy against the said party so at war, under the pain of being treated as a pirate. Article XXV. If, by any fatality which cannot be expected, and which God forbid, the two contracting parties should be engaged in a war with each other, they have agreed, and do agree, now for then, that there shall, be allowed the term of six months to the mer- chants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their busi- ness and transport their effects wherever they please, giving to them the safe conduct necessary for it, which may serve as a sufficient pro- Official course. CENTRAL AMERICA, 1825. 115 tection until they arrive at the designated port. The citizens of all other occupations who may be established in the territories or dominions of the United States and of the Federation of the Centre of America, shall be respected and maintained in the full enjoyment of their per- sonal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. Article XXVI. Neither the debts due from individuals of the one nation to the indi- viduals of the other, nor shares, nor moneys which they may have in public funds, nor in public or private banks, shall ever, in any event of war, or of national difference, be sequestered or confiscated. - Article XXVII. Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official inter- course, have agreed, and do agree, to grant to the Envoys, Ministers, and other Public Agents, the same favors, immunities, and exemptions which those of the most favored nations do or shall enjoy, it being understood that whatever favors, immunities, or privileges the United States of America or the Federation of the Centre 01 America may find it proper to give to the Ministers and Public Agents of any other power, shall, by the' same act, be extended to those of each of the contracting parties. Article XXVIII. To make more effectual the protection which the United States and the Federation of the Centre of America shall afford in Con „ a , anJ Vlce . future to the navigation and commerce of the citizens of CoMuls - each other, they agree to receive and admit Consuls and Vice-Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation ; each contracting party, however, remain- ing at liberty to except those ports and places in which the admission and residence of such Consuls may not seem convenient. Article XXIX. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities which belong to them by their public character, they shall, C< """" B ' before entering on the exercise of their functions, exhibit their commis- sion or patent in due form to the Government to which they are accred- ited; and having obtained their exequatur, they shall be held and con- sidered as such by all the authorities, magistrates, and inhabitants in the consular district in which they reside. Article XXX. It is likewise agreed that the Consuls, their Secretaries, officers, and persons attached to the service of Consuls, they not being ^^^ citizens of the country in which the Consul resides, shall be tot£^"icJoroon- exempt from all public service, and also from all kind of ,ul °' &c taxes, imposts, and contributions, except those which they shall be 116 TREATIES AND CONVENTIONS. obliged to pay on account of commerce or their property, to which the- citizens and inhabitants, native and foreign, of the country in which they reside are subject, being in everything besides subject to the law& of the respective States. The archives and papers of the consulate shall be respected inviolably, and under ho pretext whatever shall any magis- trate seize or in any way interfere with them. Article XXXI. The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, .and cus- tody of deserters from the public and private vessels of their country, and for that purpose they shall address themselves to the courts, judges, and officers competent, and shall demand the said desert- ers in writing, proving by an exhibition of the registers of the vessels or ship's roll, or other public documents, that those men were part of the said crews; and, on this demand so proved, (saving, howeve'r, where the contrary is proved,) the delivery shall not be refused. Such desert- ers, when arrested, shall be put at the disposal of the said Consuls, and may be put in the public prisons at the request and expense of those who reclaim them, to be sent to the ships to which they belonged, or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set, at liberty and shall be no more arrested for the same cause. Article XXXII. ' For the purpose of more effectually protecting their commerce and commerce a n i navigation, the two contracting parties do hereby agree, as oavigat.on. goon h erea ft er as circumstances will permit them, to form a consular convention, which shall declare specially the powers and im- munities of the Consuls and Vice-Consuls of the respective parties. Article XXXIII. The United States of America and the Federation of the Centre of points agreed o- - & ~ meT ^ ca : desiring to make as durable as circumstances will permit the relations which are to be established between the two parties by virtue of this treaty, Or general convention of peace, amity, commerce, and navigation, have declared solemnly, and do agree to the following points : 1st. The present treaty shall remain in full force and virtue for the term of twelve years, to be counted from the day of the exchange of the ratifications, in all the parts relating to commerce and navigation ; and in all those parts which relate to peace and friendship it shall be per- manently and perpetually binding on both powers. iMly. If anyone or more of the citizens of either party shall infringe any of the articles of this treaty, such citizen shall be held personally responsible for the same, and the harmony and good correspondence between the two nations shall not be interrupted thereby; each party engaging in no way to protect the offender or sanction such violation. 3dly. If, (which indeed cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated or infringed in any other way whatever, it is expressly stipulated that neither of the contracting parties will order or authorize any acts of reprisal, nor declare war against the other on. complaints of injuries or damages until CENTRAL AMEBICA, 1825. 117 the said party considering itself offended shall first have presented to the other a statement of such injuries or damages, verified by competent proof, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed. 4thly. Nothing in this treaty contained shall, however, be construed or operate contrary to former and existing public treaties with other Sov- ereigns or States. The present treaty of peace, amity, commerce, and navigation shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the Government of 1 the Federation of the Centre of America, and the ratifications shall be exchanged in the city of Guatemala within eight months from the date of the signature hereof, or sooner if possible. In faith whereof we, the Plenipotentiaries of the United States of America and of the Federation of the Centre of America, have signed and sealed these presents. Done in the city of Washington on the fifth day of December, in the year of our Lord one thousand'eight hundred and twenty-five, in the fiftieth year of the Independence of the United States of America, and the fifth of that of the Federation of the Centre of America, in duplicate. L. s.l • H. CLAY. 'a. s.j , ANTONIO JOSfi CANAS. CHILI. CHILI, 1832. GENERAL CONVENTION OF PEACE, AMITY, COMMERCE, AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OP CHILI, CONCLUDED MAY 16, 1832; RATIFICATIONS EXCHANGED AT WASH- INGTON APRIL 29, 1834 ; PROCLAIMED APRIL 29, 1834. [This treaty and the explanatory convention which follows it were terminated Jan- nary 20, 1850, pursuant to notice by the Chilian Government under Article XXXI.] Iii the name of God, Author and Legislator of the Universe. The United States of America and the Eepublic of Chili, desiring to make firm and lasting the friendship and good understanding which happily prevail between both nations, have resolved to fix, in a man- ner clear, distinct, and positive, the rules which shall in future be 'reli- giously observed between the one and the other, by means of a treaty or general convention of. peace and friendship, commerce, and naviga- tion. 'For this most desirable object, the President of the United States of America, by and with the advice and consent of the Senate thereof, has appointed and conferred full powers on John Hamm, a citizen of said States, and their Charge^ dAfi'aires near the said Eepublic; and His Excellency the President of the Eepublic of Chili has appointed Sefior Don Andres Bello, a citizen of the said Ke- 1 public; And the said Plenipotentiaries, after having mutually produced and exchanged copies of their full powers in due and proper form, have agreed upon and concluded the following articles, videlicet: Article I. There shall be a perfect, firm, and inviolable peace and sincere friend- , ship between the United States of America and the Eepub- lic of Chili, in all the extent of their possessions and terri- tories, and between their people and citizens, respectively, without dis- tinction of persons or places. Article II. The United States of America and the Eepublic of Chili, desiring to> live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all, engage, mutually, not to grant any particular favor to other nations in respect of com- merce and navigation, which shall not, immediately, become common to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensation if the con- cession was conditional. It is understood, however, that the rela- tions and convention which now exist, or may hereafter exist, between CHILI, 1832. 119 the Eepublic of Chili and the Eepublic of Bolivia, the Federation of the Centre of America, the Eepublic of Colombia, the United States wf Mex- ico, the Eepublic of Peru, or the United Provinces of the Bio de la Plata, shall form exceptions to this article. Article III. The citizens of the United States of America may frequent all the coasts and countries of the Eepublic of Chili, and reside N „ tati0 „ and and trade there in all sorts of produce, manufactures, and «°™ m '»- merchandise, and shall pay no other or greater duties, charges, or fees, whatsoever, than the most favored nation is or shall be obliged to pay ; and they shall enjoy all the rights, privileges, and exemptions in navi- gation and commerce, which the most favored nation does or shall enjoy, submitting themselves, nevertheless, to the laws, decrees, and usages there established, and to which are submitted the citizens and subjects of the most favored nations. In like manner the citizens of the Eepublic of Chili may frequent all the coasts and countries of the United States of America, and reside and trade there, in all sorts of produce, manufactures, and merchandise, and shall pay no other or greater duties, charges, or fees, whatsoever, than the most favored nation js or shall be obliged to pay, and they shall enjoy all the rights, privileges, and exemptions in commerce and navigation which the most favored nation does or shall enjoy, submit- ting themselves, nevertheless, to the laws, decrees, and usages there established, and to which are submitted the citizens and subjects of the most favored nations. But it is understood that this article does not include the coasting trade of either country, the regu- lation of which is reserved by the parties, respectively, according to their own separate laws. Coasting tradp, Article IV. It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of both countries, J , . , , i j -i • i* *ii i i Merchants and oth- - to manage, themselves, their own business, in all ports and [^"J™^™™^ places subject to the jurisdiction of each other, as well with respect to the consignment and sale of their goods and merchandise, by wholesale and retail, as with respect to the loading, unloading, and sending off their ships, they being in all these cases to be treated as citizens of the country in which they reside, or at least to be placed on a footing with the citizens or subjects of the most favored nation. Article V. The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, mer- Emb „ g0 or ' det e„. chandise, or effects for any military expedition, nor for any *"?" public or private purpose whatever, without allowing to those inter- ested a sufficient indemnification. Article VI. Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, portp, or j . . .... O .•/, ., _ iitj? i.6yhiro secured. dominions of the other, with their vessels, whether of mer- 120 TREATIES AND CONVENTIONS. chant or of war, public or private, through stress of weather, pursuit of pirates, or enemies, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships, pro- curing provisions, and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind. Article VII. All the ships, merchandise, and effects belonging to the citizens of ve.™i 8 . &c, cap- one of the contracting parties, which. may be captured by tured by i.ir.teV pi ra tes, whether within the limits of its jurisdiction or on the high seas, and may be carried or found in the rivers, roads, bays, ports, or dominions of the other, shall be delivered up to the owners, they proving in due and proper form their rights before the competent tribunals; it being well understood that the claim should be made within the term of one year, by the parties themselves, their attorneys, or agents of their respective Governments. Article VIII. When any vessel belonging to the citizens of either of the contract- ing parties shall be wrecked, foundered, or suffer any dam- age on the. coasts or within the dominions of the other, there shall be given to them all assistance and protection in the same manner which is usual and customary with the vessels of the nation where the damage happens, permitting them to unload the said ves- sel, if necessary, of its merchandise* and effects, without exacting for it any duty, impost, or. contribution whatever, until they may be ex- ported, unless they be destined for consumption in the country. Article IX. The citizens of each of the contracting parties shall have power to Formal and real dispose of their personal goods within the jurisdiction of eBtate - the other, by sale, donation, testament, or otherwise^ and their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestato, and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases ; and if in the case of real estate the said heirs would be prevented from entering into the possession of the inheri- tance, on account of their character of aliens, there shall be granted to them the term of three years to dispose of the same, as they may think proper, and to withdraw the proceeds without molestation, and exempt from any other charges than those which may be imposed by the laws of the country. Article X. Both the contracting parties promise and engage formally to give their special protection to the persons and property of the citizens of each other, of all occupations, who may be t in the territories subject to the jurisdiction of the one or the other, tran- sient or dwelling therein, leaving Open and free to them the tribunals; of justice for tMeir judicial recourse on the same terms which are usual and customary with the natives or citizens of the country in which they Protection to resi- dents. CHILI, 1832. 121 i may be ; for which they may employ in defence of their lights such advocates, solicitors, notaries, agents, and factors as they may judge proper, in all their trials at law; and such citizens or agents shall have free opportunity to be present at the decisions and sentences of the tribu- nals, in all cases which may concern them, and likewise at the taking of all examinations and evidence which may be exhibited in the said trials. Article XI. It is. likewise agreed that the most perfect and entire security of conscience shall be enjoyed by the citizens of both the con- 0{coaKiemx tracting parties in the countries subject to the jurisdiction °° of the one and the other, without their being liable to be disturbed or molested on account of their religious belief, so long as they respect the laws and established usages of the country. Moreover, the bodies of the citizens of one of the contracting parties, who may die in the territories of the other, shall be buried in the usual burying grounds, or in other decent or suitable places, and shall be protected from vio- lation or disturbance. Article XII. It shall be lawful for the citizens of the United States of America and of the Republic of Chili to sail with their ships, with all J- -,.-. . j -i j' .- .• t_»' ^i Free shipa.free goods manner of liberty and security, no distinction being made, who are the proprietors of the merchandise laden thereon, from any port to the places of those who now are or hereafter shall be at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandise before men- tioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy, before mentioned, to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of the one power or under several. And it is hereby stipulated that free ships shall also give freedom to goods, and that every thing shall be deemed to be free and exempt which shall be found on board the ships belonging to the citizens of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either, contra- band goods being always excepted. It is also agreed, in like maimer, that the same liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies to both or either, they are not to be taken out of that free ship unless they are officers or soldiers, and in the actual service of the enemies: Pro- vided, however, and it is hereby agreed, that the stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those powers only who recognize the principle; but if either of the two contracting parties should be at war with a third, and the other neutral, the flag of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not of others. ' Article XIII. ' It is likewise agreed that in the case where the neutral flag of one of the contracting parties shall protect the property of the . ^^ ^^ enemies of the other, by virtue of the above stipulation, it ™ J°« d '«w^ shall always be understood that the neutral property found """' j-^ 122 TREATIES AND CONVENTIONS. on board such enemy's vessels shall be held and considered as enemy's property, and as such shall be liable to detention and confiscation, except such property as was put on board such vessel before the decla- ration of war, or even afterwards, if it were done without the knowledge of it; but the contracting parties agree that, four months having elapsed after the declaration, their citizens shall not plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy's property, in that case the goods and merchandise of the neutral embarked in such enemy's ship shall be free. Article XIV. This liberty of commerce and navigation shall extend to all kinds of merchandises, excepting those only which are distinguished by the name of contraband, and under this name of. con- traband, or prohibited goods, shall be comprehended — 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuzees, rifles, carbines, pistols, pike's, swords, sabres, lances, spears, halberds, and grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms. 2. Bucklers, helmets, breastplates, coats of mail, infantry belts, and clothes made up in the form and for a military use. 3. Cavalry belts, and horses with their furniture, 4. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed expressly to make war by sea or land. Article XV. All other merchandise and things not comprehended in the articles of contraband explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by both the contracting parties, even to places be- longing to an enemy, excepting only those places which are at that time besieged or blockaded; and, to avoid all doubt in this particular, it is declared that those places only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral. Article XVI. The articles of contraband, before enumerated and classified, which may be found in a vessel bound for an enemy's port, shall contraband an,cie». ^ e su bj ec t to detention and confiscation, leaving free the jest of the cargo and the ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great, and of so large a bulk, that they cannot be received on board the capturing ship without great inconvenience; but in this and in all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port, for trial and .judgment according to law. CHILI, 1832. 123 Article XVII. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is Blockade besieged, blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not contra- band, be confiscated, unless after warning of such blockade or invest- ment from any officer commanding a vessel of the blockading forces she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either that may have entered into such port before the same was actually be- sieged, blockaded, or invested by ,the other, be restrained from quitting such place with her cargo, nor if found therein after the redaction and surrender, shall such vessel or her cargo be liable' to confiscation, but they shall be restored to the owners thereof ; and if any vessel having thus entered the port before the blockade took place, shall take on board a cargo after the blockade be established, she shall be subject to be warned by the blockading forces, to return to the port blockaded, and discharge the said cargo ; and, if after receiving the said warning, the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as a vessel attempting to enter a blockaded port after being warned off by the blockading forces. Article XVIII. In order to prevent all kinds of disorder in the visiting and examina- tion of the ships and cargoes of both the contacting parties ou the high seas, they have agreed, mutually, that when- ever a vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain at the greatest distance compatible with making the visit, under the circumstances of the sea and wind, and the degree of suspicion attending the vessel to be visited, and shall send its smallest boat in order to execute the said examina- tion of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment, for which fhe commanders of the said armed ships shall be responsible with their persons and property; for which purpose the commanders of the said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all damages they may commit. And it is expressly agreed, that the neutral party shall in ho case be required to go on board the examining vessel for the purpose of exhibiting her papers, or for any other purpose whatever. Article XIX. To avoid all kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging sen-ietuworp™- to the citizens of the two contractng parties, they have » ,, " b "*" 1 ""' agreed, and do agree, that, in case one of them shall be engaged in war, the ships and vessels belonging to the citizens of the other must be fur- nished with sea-letters or passports, expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander of said vessel, in order that it may thereby appear that the ship really and truly belongs to the citizens of one of the parties,- they have likewise agreed that, such ships being laden, besides the sea- 124 TEEATIES AND CONVENTIONS. letters or passports, shall also be provided with certificates containing the several particulars of the cargo, and the place whence the ship sailed, so that it may be known whether any forbidden or contraband goods be on board the same ; which certificates shall be made out by the officers of the place whence the ship sailed, in the accustomed form; without which requisites said vessel may be detained, to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be proved to be owing to accident,' and be satisfied or supplied by testimony entirely equivalent. Article XX. It is further agreed that the stipulations above expressed, relative to v 8 „ei 8 u„der c „- the visiting and examination of vessels, shall apply only to ,oy - those which sail without convoy; and when said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag he carries, and when they are bound to an enemy's port that they have no • contraband goods on board, shall be sufficient. Article XXI. It is further agreed that in all cases the established courts for prize causes, in the country to which the prizes may be conducted, shall alone take cognizance of them. And whenever such tribunal of either party shall pronounce judgment against any vessel or goods or property claimed by the citizens of the other party ; the sen- tence or decree shall mention the reasons or motives on which the same shall have been founded, and an authenticated copy of the sentence or decree and of all the proceedings in the case, shall, if demanded, be delivered to the commandant or agent of said vessel, without any delay, he paying the legal fees for the same. Article XXII. Whenever one of the contracting parties shall be engaged in war with no rftiMn of eMer another State, no citizen of the other contracting party shall SrvL*of In'™™? accept a commission or letter of marque for the purpose of of the otter. assisting ■ or cooperating hostilely with the said enemy against the said party so at war, under the pain of being treated as a pirate. Article XXIII. If, by any fatality, which cannot be expected, and which God forbid, incweofwar be- the two contracting parties should be engaged in a war with twem the pnriiee. each other, they have agreed, and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business and transport their effects wherever they please, giving to them the safe conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens of all other occupa- tions who may be established in the territories or dominions of the United States of America, and of the Eepublic of Chili, shall be respected and maintained in the full enjoyment of their* personal liberty and propertfe unless their particular conduct shall cause them to forfeit this protec- CHILI, J832. 125 tion, which, in consideration of humanity, the contracting parties engage to give them. Article XXIV. Neither the debts due from the individuals of the one nation to the. individuals of the other, nor shares, nor money which they PriVil te a „t a Republie of Chili, signed at the city of Santiago on the 16th tecSS"' £"««:" day of May, 1832, for the exchange of ratifications in the a ' city of Washington has elapsed, and it being the wish of both the con- tracting parties that the aforesaid, treaty should be carried into effect with all the necessary solemnities, and that the necessary explanations should be mutually made to remove all subject of doubt in the sense of some of its articles, the undersigned Plenipotentiaries, namely, John LTamm, a citizen of the United States of America and their Charge d' Af- faires, on the part and in the name of the United States of America, and Sefior Don Andres Bello, a citizen of Chili, on the part and in the name of the Republic of Chili, having compared and exchanged their full pow- ers, as expressed in the treaty itself, have agreed upon the following additional and explanatory articles: 128 TREATIES AND CONVENTIONS. Article I. It being stipulated by the second article of the aforesaid treaty that stipulation or the the relations and conventions which now exist, or may here- 2d artier a f ter exist; k e t wee n the Eepublic of Chili and the Eepublic of Bolivia, the Federation of the Centre of America, the Eepublic of Columbia, the United States of Mexico, the Eepublic of Peru, or the United Provinces of the Eio de la Plata, are not included in the prohi- bition of granting particular favors to other nations which may not be made common to the one or the other of the contracting powers ; and these exceptions being founded upon the intimate connection and iden- tity of feelings and interests of the new Amercan States, which were members of the same political body under the Spanish dominion, it is mutually understood that these exceptions will have all the latitude which is involved in their principle ; and that they will accordingly com- prehend all the new nations within the ancient territory of Spanish America, whatever alterations may take place in their constitutions, names, or boundaries, so as to include the present States of Uruguay and Paraguay, which were formerly parts of the ancient Vice-Eoyalty of Buenos Ayres, those of New Granada, Venezuela, and Bquador in the Eepublic of Colombia, and any other States which may in future be dismembered from those now existing. Article II. It being agreed by the tenth article of the aforesaid treaty that the citi- ' zens of the United States of America, personally or by their agents, shall have the right of being present at the decisions and sentences of the tribunals, in all cases which may concern them, and at the examination of witnesses and declarations that may be taken in their trials, and as the strict enforcement of this article may be in opposi- tion to the established forms of the present due administration of justice, it is mutually understood that the Eepublic of Chili is only bound by the aforesaid stipulation to maintain the most perfect equality in this respect between American and Chilian citizens, the former to enjoy all the rights and benefits of the present or future provisions which the laws grant to the latter in their judicial tribunals, but no special favors or privileges. Article III. It being agreed by the twenty-ninth article of the aforesaid treaty siav« not to be tlmt cleserters fr° m tae public and private vessels of either co'mprebid m the party are to be restored thereto by the respective Consuls ; ™ u l£s and whereas it is declared by the article 132 of the present constitution of Chili that "there are no slaves in Chili," and that "slaves touching the territory of the Eepublic are free," it is'likewise mutually understood that the aforesaid stipulation shall not compre- hend slaves serving under any denomination on board the public or pri- vate ships of the United States of America. Article IV. It is further agreed, that t^he ratifications of the aforesaid treaty of peace, amity, commerce, and navigation, and of the present additional and ex- planatory convention, shall be exchanged in the city of Washington within the term of eight months, to be counted from the date of the present convention. CHILI, 1S58. 129 This additional and explanatory convention, upon its being duly rati- fied by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the Eepublic of Chili, with the consent and approbation of the Congress of the same, and the respective ratifications mutually exchanged, shall be added to, and make a part of, the treaty of peace, amity, commerce, and navigation between the United States of America and the Eepublic of Chili, signed on the said 16th day of May, 1832, having the same force and effect as if it had been inserted word for word in the aforesaid treaty. In faith whefeof we, the undersigned Plenipotentiaries of the United States of America and the Republic of Chili, have signed, by virtue of our powers, the aforesaid additional and explanatory convention, and have caused to be affixed our hands and seals, respectively. Done in the city of Santiago this first day of September, 1833, and in the 58th year of the Independence of the United States of America, and the 24th of the Eepublic of Chili. JNO. HAMM. ANDEBS BELLO. L. S.l L. S.J CHILI, 1858. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF CHILI — ARBITRATION OF MACEDONIAN CLAIMS — CON- CLUDED AT SANTIAGO, NOVEMBER 10, 1858 ; RATIFICATIONS EXCHANGED OCTOBER 15, 1859 ; PROCLAIMED, DECEMBER 22, 1859. Convention between the United States of America and the Republic of Chili. The Government of the United States of America and the Govern- ment of the Eepublic of Chili, desiring to settle amicably the claims t0 be 6Cl . claim made by the former upon the latter for certain citizens Uei of the United States of America, who claim to be the rightful owners of the silver, in coin and in bars, forcibly taken from the possession of Capt. Bliphalet Smith, a citizen of the United States of America, in the valley of Sitana, in the territory of the former Vice-Eoyalty of Peru, in the year 1821, by order of Lord Cochrane, at the time Vice- Adniiral of the Chilian squadron, have agreed, the former to name John Bigler, Envoy Extraordinary and Minister Pleni- potentiary of the United States of America, and the latter Don Gero- nimo Urmeneta, Minister of State in the Department of the Interior and of Foreign Eelations, in the name and in behalf of their respective Gov- ernments, to examine said claim and to agree upon terms of arrangement iust and honorable to both Governments. The aforesaid Plenipotentiaries, after having exchanged their full powers, and found them in due and good form, sincerely El( .. han , e „, desiring to preserve intact and strengthen the friendly power "- relations which happily exist between their respective Governments, and to remove all cause of difference which might weaken or change them, have agreed, in the name of the Government which each represents, to submit to the arbitration of His Majesty the King of Bel- Matler in diei , Bt0 gium, the pending question between them, respecting the Se^S"^ legality or illegality of the above referred to capture of sil- *i». ="<*,■•»■. ver in coin and in bars, made on the ninth day of May, 1821, by order of Lord Cochrane, Vice Admiral of the Chilian squadron, in the valley of 9 130 TREATIES AND CONVENTIONS. Sitana, in the territory of the former Vice-Eoyalty of Pern, the pro- ceeds of sales of merchandise imported into tbat country in the brig Macedonian, belonging to the merchant marine of the United States of America. Therefore the above-named Ministers agree to name His Majesty the King of Belgium as arbiter, to decide with full powers and proceedings ex Eequo et bono, on the following points: First. Is, or is not, the claim which the Government of the United points for .rbiter States of America makes upon that of Chili, on account of to decide. ^g ca .pt ure f the silver mentioned in the preamble of this convention, just in whole or in partf Second. If it be just in whole or in part, what amount is the Govern- ment of Chili to allow and pay to the Government of the United States of America, as indemnity for the capture? Third. Is the Government of Chili, in addition to the capital, to allow interest thereon ; and, if so, at what rate and from what date is interest to be paid? The contracting parties further agree that his Majesty the King of proof u on whic Belgium shall decide the foregoing questions upon the cor- th» umpire"" To L respondence which has passed between the representatives of the two Governments at Washington and at Santiago, and the documents and other proofs produced during the controversy on the subject of this capture, and upon a memorial or argument thereon to be presented by each. Each party to furnish the arbiter with a copy of the correspondence and documents above referred to, or so much thereof as it desires to present, as well as with its said memorial, within one year at furthest from the date at which they may respectively be notified of the accept- ance of the arbiter. Each party to furnish the other with a list of the papers to be presented by it to the arbiter, three months in advance of such presentation. And if either party fail to present a copy of such papers, or its memo- rial, to the arbiter, within the year aforesaid, the arbiter may make his decision upon what shall have been submitted to him within that time. The contracting parties further agree that the exception of prescrip- tion, raised in the course of the controversy, and which has been a sub- ject of discussion between their respective Governments, shall not be considered by the arbiter in his decision, since they agree to withdraw it and exclude it from the present question. Each of the Governments represented by the contracting parties is authorized to ask and obtain the acceptance of the arbiter; and both promise and bind themselves in the most solemn manner to acquiesce in and comply with his decision, nor at any time thereafter to raise any question, directly or indirectly, connected with the subject-matter of this arbitration. This convention to be ratified by the Governments of the respective contracting parties, and the ratifications to be exchanged within twelve months from this date, or sooner, if possible, in the city of Santiago. In testimony whereof the contracting parties have signed and sealed this agreement in duplicate, in the English and Spanish languages,, in Santiago, the tenth day of the month of November, in the year of our Lord one thousand eight hundred and fifty-eight. [l. g.] JOHN BIGLEB, Envoy Extraordinary and Minister Plenipotentiary of the United States of America. [L. S.] , GEEONIMO UEMENETA, Plenipotenciario ad hoe. CHINA. CHINA, 1844. TREATY WITH CHINA, .CONCLUDED JULY 3, 1844; RATIFICATIONS EX- CHANGED DECEMBER 31, 1845; PROCLAIMED APRIL 18, 1846. The United States of America and the Ta Tsing Empire, desiring to establish firm, lasting, and sincere friendship between the two nations, have resolved to fix, in a manner clear and positive, by means of a treaty or general convention of peace, amity, and commerce, the rules which shall in future be mutually observed in the intercourse of their respective countries : For which most desirable object the President of the United States has conferred full powers on their Commissioner, Caleb Cushing, Envoy Extraordinary and Minister Plenipoten- tiary of the United States to China ; and the August Sovereign of the Ta Tsing Empire on his Minister and Commissioner Extraordinary Tsiyeng, of the Imperial House, a Vice Guardian of the Heir Apparent, Governor General of the Two Kwang, and Superintendent General of the trade and foreign intercourse of the five ports. And the said Commissioners, after having exchanged their said full powers, and duly considered the premises, have agreed to the following articles : Article I. There shall be a perfect, permanent, and universal peace, and a sincere and cordial amity, between the United States of America on the one part, and the Ta Tsing Empire on the other part, and between their people respectively, without exception of persons or places. Article II. Citizens of the United States resorting to China for the purposes of commerce will pay the duties of import and export pre- scribed in the tariff, which is fixed by and made a part of this treaty. They shall, in no case, be subject to other or higher duties than are or shall be required of the people of any other nation what- ever. Fees and charges of every sort are wholly abolished, and officers of the revenue, who may be guilty of exaction, shall be punished ac- cording to the laws of China. If the Chinese Government desire to modify, in any respect, the said tariff, such modification shall be made only in consultation with Consuls or other functionaries thereto duly authorized in behalf of the United States, and with consent thereof. And if additional advantages or privileges, of whatever description, be conceded hereafter by China to any other nation, the United States, and the citizens thereof, shall be entitled thereupon to a complete, equal, and impartial participation in the same. Article III. The citizens of the United States are permitted to frequent the five ports of Kwang-chow, Amoy, Fuchow, Ningpo,.and Shang- Por „ wllicll may hai, and to reside with their families and trade there* and to ^J^KK^d proceed at pleasure with their vessels and merchandise to states - 132 TREATIES AND CONVENTIONS. and from any foreign port and either of the said five ports, and from either of the said five ports to any other of them. But said vessels shall not unlawfully enter the other ports of China, nor carry on a clandestine and fraudulent trade along the coasts thereof. And any vessel belong- ing to a citizen of the United States which violates this provision shall, with her cargo, be subject to confiscation to the Chinese Govern- ment. Article IV. For the superintendence and regulation of the concerns of the citizens of the United States doing business at the said five ports, the co„sui.,, &c. Government of the United States may appoint Consuls or other officers at the same, who shall be duly recognized as such by the officers of the Chinese Government, and shall hold official intercourse and correspondence with the latter, either personal or in writing, as occasions may require, on terms of equality and reciprocal respect. If disrespectfully treated or aggrieved in any way by the local authorities, said officers on the one hand shall have the right to make representation of the same to the superior officers of the Chinese Government, who will see that full inquiry and strict justice be had in the premises ; and, on the other hand, the said Consuls will carefully avoid all acts of unneces- sary offence to, or collision with, the officers and people of China. Article V. At each of the said five ports, citizens of the United States lawfully engaged in commerce shall be permitted to import from giv'=Tto g th.°citSa e s their own or any other ports into China, and sell there, and of n.e u,.n e d states, p Urcnase therein, and export to their own or any other ports, all manner of merchandise, of which the importation or exportation is not prohibited by this treaty, paying the duties which are prescribed by the tariff hereinbefore established, and no other charges whatsoever. Article VI. Whenever any merchant vessel belonging to the United States shall enter either of the said five ports for trade, her papers shall Js'WS irnS be lodged with the Consul, or person charged with affairs, .$.'!? o°r '"the" nve who will report the same to the commissioner of customs; and tonnage duty shall be paid on said vessel at the rate of five mace per ton, if she be over one hundred and fifty tons burden; and one mace per ton if she be of the burden of one hundred To™,* dulics - and fifty tons or under, according to the amount of her ton- nage as specified in the register; said payment to be in full of the former charges of measurement and other fees, which are wholly abolished. And if any vessel, which having anchored at one of the said ports, and there paid tonnage duty, shall have occasion to go to any others of the said ports to complete the disposal of her cargo, the Consul, or person charged with affairs, will report the same to the com- missioner of customs, who, on the departure of the said vessel, will note in the port-clearance that the tonnage duties have been paid, and report the same to the other custom-houses ; in which case on entering another port the said vessel will only pay duty there on her cargo, but shall not be subject to the payment of tonnage duty a second time. CHINA, 1844. 133 Article VII. No tonnage duty shall be required on boats belonging to citizens of the United States, employed in the conveyance of passengers, baggage, letters, ami articles of provision, or others not subject to duty, to or from any of the five ports. All cargo boats, however, conveying mer- chandise subject to duty, shall pay the regular tonnage duty of one mace per ton, provided they belong to citizens of the United States, but not if hired by them from subjects of China. Article VIII. Citizens of the United States, for their vessels bound in, shall be allowed to engage pilots, who will report said vessels at the p . ]ot3 &p passes, and take them into port ; and, when the lawful duties have all been paid, they may engage pilots to leave port. It shall also be lawful for them to hire, at pleasure, servants, compradors, linguists, and writers, and passage or cargo boats, and to employ laborers, sea- men, and persons for whatever necessary service, for a reasonable com- pensation, to be agreed on by the parties, or settled by application to the Consular Officer of their Government, without interference on the part of the local officers of the Chinese Government. Article IX. Whenever merchant vessels belonging to the United States shall have entered port, the superintendent of customs will, if he Custom . hm ^ offi . see fit, appoint custom-house officers to guard said vessels, ce ' 3 - who may live on board the ship or their own boats, at their convenience: but provision for the subsistence of said officers shall be made by the superintendent of customs, and they shall not be entitled to any allowance from the vessel or owner thereof; and they shall be subject to suitable punishment for any exaction practiced by them in violation of this reg- ulation. Article X. Whenever a merchant vessel belonging to the United States shall cast anchor in either of said ports, the supercargo, master, Proceeding oiw or consignee, will, within forty-eight hours, deposit the ship's IlLf „ h8 t he?" il ar J papers in the hands of the Consul or person charged with the rival in ""'""■ affairs of the United States, who will cause to be communicated to the superintendent of customs a true report of the name and tonnage of such vessel, the names of her men, and of the cargo on board ; which being done, the superintendent will give a permit for the discharge of her cargo. And the master, supercargo, or consignee, if he proceed to discharge the cargo without such permit, shall incur a fine of five hundred dollars; and the goods so discharged without permit shall be subject to for- feiture to the Chinese Government. But if the master of any vessel in port desire to discharge a part only of the cargo, it shall be lawful for him to do so, paying duties on such part only, and to proceed with the remainder to any other ports. Or, if the master so desire, he may, within forty-eight hours after the arrival of the vessel, but not later, decide to depart without breaking- bulk; in which case he will not be subject to pay tonnage or other duties 134 TREATIES AND CONVENTIONS. or charges, until, on his arrival at another port, he shall proceed to dis- charge cargo, when he will pay the duties on vessel and cargo, according to law. And the tonnage duties shall be held to be due after the expira- tion of said forty-eight hours. Article XI. The superintendent of customs, in order to the collection of the proper duties, will, on application made to him through the Consul, ta£tS r d»t!'e B B S'be appoint suitable officers, who shall proceed, in the presence of the captain, supercargo, or consignee, to make a just and fair examination of all goods in the act of beiug discharged for import- ation, or laden for exportation on board any merchant vessel of the United States. And if dispute occur in regard to the value of goods subject to an ad valorem duty, or in regard to the amount of tare, and the same cannot be satisfactorily arranged by the parties, the question: may, within twenty-four hours, and not afterwards, be referred to the said Consul to adjust with the superintendent of customs. Aeticle XII. Sets of standard balances, and also weights and measures, duly pre- standardaof weight., pared, stamped, and sealed, according to the standard of the ami n^™. custom-house at Canton, shall be delivered by the superin- tendents of customs to the Consuls at each of the Ave ports, to secure uni- formity, and prevent confusion in measures and weights of merchandise. Article XIII. The tonnage duty on vessels belonging to citizens of the United States ■rcmage and other shall be paid on their being admitted to entry. Duties of duties. import shall be paid on the discharge of the goods, and duties of export on the lading of the same. • When all such duties shall have been paid, and not before, the superintendent of customs shall give a port-clearance, and the Consul shall return the ship's papers, so that she may depart on her voyage. The duties shall be paid to the shroffs au- thorized by the Chinese Government to receive the same in its behalf. Duties payable by merchants of the United States shall be received either in sycee silver or in foreign money, at the rate of exchange as ascertained by the regulations now in force. And imported goods,, on their resale or transit in any part of the empire, shall be subject to the imposition of no other duty than they are accustomed to pay at the date of this treaty. Article XIV. ISTo goods on board any merchant vessel of the United States in Transhipment of port are to be transhipped to another vessel, unless there feu? SnueritaSs be particular occasion therefor; in which case, the occasion to another. saa [i k e certified by the Consul to the superintendent of customs, who may appoint officers to examine into the facts, and permit the transhipment. And if any goods be transhipped without such appli- cation, inquiry, and permit, they shall be subject to be forfeited to the Chinese Government. , Article XV. The former limitation of the trade of foreign nations to certain per- CHINA, 1844. 135 sons appointed at Canton by the Government, and commonly called hong-merchants, having be.en abolished, citizens of the United States engaged in the purchase or sale of goods of import or export, are admitted to trade with any and all subjects of China without distinction ; they shall not be subject to any new limitations, nor impeded in their business by monopolies or other injurious restrictions. Article XVI. The Chinese Government will not hold itself responsible for any debts which may happen to be due from subjects of China to the citizens of the United States, or for frauds committed by them ; but citizens of the United States may seek redress in law ; and on suitable representation being made to the Chinese local authorities through the Consul, they will cause due examination in the premises, and take all proper steps to compel satisfaction. But in case the debtor be dead, or without property, or have absconded, the creditor cannot be indemnified according to the old system of the co-hong, so called. And if citizens of the United States be indebted to subjects of China, the latter may seek redress in the same way through the Consul, but without any responsibility for the debt on the part of the United States. Article XVIL Citizens of the United States residing or sojourning at any of the ports open to foreign commerce shall enjoy all proper accommodation in obtaining houses and places of business, bulmwmIiu *t£y or in hiring sites from the inhabitants on which to con- ° fthB " ,aport3 - struct houses and places of business, and also hospitals, churches, and cemeteries. The local authorities of the two Governments shall select in concert the sites for the foregoing objects, haying due regard to the feeUngs of the people in the location thereof; and the parties interested will fix the rent by mutual agreement, the proprietors on the one hand not demanding any exorbitant price, nor -the merchants on the other unreasonably insisting on particular spots, but each conducting with justice and moderation. And any desecration of said cemeteries by subjects of China shall be severely punished according to law. At the places of anchorage of the vessels of the United States, the citizens of the United States, merchants, seamen, or others sojourning there, may pass and repass in the immediate Pkc,!Sofa ° c ' lora5e - neighborhood ; but they shall not at their pleasure make excursions into the country among the villages at large, nor shall they repair to public marts for the purpose of disposing of goods unlawfully«and in fraud of the revenue. And, in order to the preservation of the public peace, the local offi- cers of the Government at each of the five ports shall, in concert with the Consuls, define the limits beyond which it shall not be lawful for citizens of the United States to go. Article XVIII. It shall be lawful for the officers or citizens of the United States to employ scholars and people of any part of China, without -i- 7. j . „ K Sr , l/ ,,, j? j_i Teachers, &c. distinction of persons, to teach any ot the languages of the empire, and' to assist in literary labors ; and the persons so employed shall 136 TREATIES AND CONVENTIONS. not, for that cause, be subject to any injury ou the part either of the Government or of individuals; and it shall in like manner be lawful for citizens of the United States to purchase all manner of books in China. Article XIX. All citizens of the United States in China, peaceably attending to their affairs, being placed on a common footing of amity and good will with subjects of China, shall receive and enjoy, for themselves and everything appertaining to them, the special protec- tion of the local authorities of Government, who shall defend them from all insult or injury of any sort on the part of the Chinese. If their dwellings or property be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the Consul, will immediately despatch a military force to disperse the rioters, and will apprehend the guilty individuals, and punish them with the utmost rigor of the law. Article XX. Citizens of the United States who may have imported merchandise ii e « on* i<,„ * nto any °^ tne ^ ree P orfcs °f China, and paid the duty thereon, if they desire to re-export the same, in part or in. whole, to any other of the said ports, shall be entitled to make appli- cation, through their Consul, to the superintendent of customs, who, in order to prevent frauds on the revenue, shall cause examination to be made by suitable officers to see that the duties paid on such goods, as entered on the custom-house books, correspond with the representation made, and that the goods remain with. their original marks unchanged, and shall then make a memorandum in the port-clearance of the goods, and the amount of duties paid on the same, and deliver the same to the merchant ; and shall also certify the facts to the officers of customs of the other ports. All which being done, on the arrival in port of the vessel in which the goods are laden, and everything being found on examin- ation there to correspond, she shall be permitted to break bulk and land the said goods, without being subject to the payment of any addi- rnmds tional duty thereon. But if on such examination the super- intendent of customs shall detect any fraud on the revenue in the case, then the goods shall be subject to forfeiture and confiscation to the Chinese Government. Article XXI. Subjects of China who may be guilty of any criminal act towards citi- ,cts zei) * °^ tlie United States shall be arrested and punished by the Chinese authorities according to the laws of China; and citizens of the United States who may commit any crime in China shall be subject to be tried and punished only by the Consul, or other public functionary of the United States, thereto authorized, according to pie laws of the United States. And in order to the prevention of all controversy and disaffection, justice shall be equitably and impartially administered on both sides. Article XXII. Eelations of peace and amity between the United States and China Csa-i i Correspondence be- form of mutual communication, (cliau-liwm.) The Consuls t^^n the restive and the local officers, civil and military, in corresponding to- gether shall likewise employ the style and form of mutual communica- tion, (chau-hwui.) When inferior officers of the one Government address superior officers of the other, they shall do so in the style and form of memorial, (chin-chin.) Private individuals in addressing superior officers shall employ the style of petition, (pin-ching.) In no case shall any terms or style be suffered which shall be offensive or disrespectful to either party. And it is agreed that no presents, under any pre- Pre8e „ ts „ ot to b „ text or form whatever, shall ever be demanded of the d ™ a " d, " ] - United States by China, or of China by the United States. Article XXXI. Communications from the Government of the United States to the Court of China shall be transmitted through the medium of Transmission o. the Imperial Commissioner charged with the. superintend- =«™»»°i»'«<»»- ence of the concerns of foreign nations with China, or through the Gov- ernor-General of the Liang Kwang, that of Min and Cheh, or that of the Liang Kiang. Article XXXII. Whenever ships of war of the United States in cruising for the pro- tection of the commerce of their country shall arrive at any i otercourse with of the ports of China, the commanders of said ships and the 9l "» s ° fi ™- superior local authorities of Government shall hold intercourse together in terms of equality and courtesy in token of the friendly relations of their respective nations. And the said ships of war shall enjoy all suit- able facilities on the part of the Chinese Government in the purchase of provisions, procuring water, and making repairs if occasion require. Article XXXIII. Citizens of the United States who shall attempt to trade clandestinely with such of the ports of China as are not open to foreign i -i -, t , -, . . ,. , Clandestine trade. commerce, or who shall trade m opium or any other contra- band article of merchandise, shall be subject to be dealt with by the Chinese Government without being entitled to any countenance or pro- tection from that of the United States ; and the United States will take measures to prevent their flag from being abused by the subjects of other, nations as a cover for the violation of the laws of the Empire. Article XXXIV. When the present convention shall have been definitively concluded, it shall be obligatory on both powers, and its provisions shall not be altered without grave cause ; but inasmuch as the circumstances of the 140 TREATIES AND CONVENTIONS. several ports of China open to foreign commerce are different, experience may show that inconsiderable modifications are requisite in those parts which relate to commerce and navigation ; in which case the two Gov- ernments will, at the expiration of twelve years from the date of said convention, treat amicably concerning the same, by the means of suitable persons appointed to conduct such negotiation. And when ratified this treaty shall be faithfully observed in all its The mat when P arts by tlie United States and China and by every citizen ratmed, to" £ LS and subject of each. And no individual State of the United States can appoint or send a minister to China to call in question the provisions of the same. The present treaty of peace, amity, and commerce, shall be ratified and approved by the President of tlie United States, by and with the advice and consent of the Senate thereof, and by the August Sovereign of the Ta Tsiug Empire, and the ratifications shall be exchanged within eighteen months from the date of the signature thereof, or sooner if possible. In faith whereof we, the respective Plenipotentiaries of the United States of America and of the Ta Tsing Empire as aforesaid, have signed and sealed these presents. Done at Wang Hiya, this third day of July, in the year of our Lord Jesus Christ one thousand eight hundred and forty-four, and of Taouk- wang the twenty-fourth year, fifth month, and eighteenth dav. TSIYENG, (in Manehu.) [l. s. C. CUSHIJSG. [l. s. The tariff of duties to be levied on imported and exported merchandise at the five ports. The duties which it is agreed shall be paid upon goods imported and exported by the United States, at the custom-houses of Canton, Amoy, Fuchow, Ningpo, and Shanghai, are as follows, the articles being arranged in classes, viz : EXPORTS. Class 1. — Alum, oils, Sf-c. *T. M. C. Alum, i. e., white alum, formerly white alum and Milestone, per 100 catties.. 10 Anise-seed oil, not formerly contained in the tariff, per 100 catties 5 Cassia oil, not formerly contained in the tariff, per 100 catties 5 Class 2. — Tea, spices, er 100 catties Sandal- wood ware, per 100 catties 1 Gold and silver ware, formerly divided into gold ware and silver ware, per 100 catties 10 Tortoise-shell ware, per 100 catties .". 10 Leather trunks and boxes, per 100 catties Class 7.— Canes, fyc. Canes or walking sticks of all kinds, per 1,000 pieces 5 Class 8. — Articles of clothing. Wearing apparel, whether of cotton, woollen, or silk, formerly divided into cotton clothing, woollen clothing, silk and satin clothing, and velvet, per lOOcatties '.„. 5 Boots and shoes, whether of leather, satin, or otherwise, per 100 catties 2 Class 9. — Fairies of hemp, $a. Grass-cloth, and all cloths of hemp or linen, per 100 catties 1 Nankeen, and all cloths of cotton, formerly not in the tariff, per lOOcatties.. 10 Class 10.— Silk, fairies of silk, #c. Eaw silk of any province, per 100 catties 10 Coarse or refuse silk, per 100 catties 2 Organzine of all kinds, per 100 catties 10 5 5 2 2 2 ' Taels, mace, and oandareene. 142 TREATIES AND CONVENTIONS. *T. It. c. Silli ribbon and thread, per 100 catties - -- 10 Silk and satin fabrics of all kinds, as nape, lutestring, &c, &c, formerly- classed as silks and satins, per 100 catties 12 Silk and cotton mixed fabrics, per 100 catties -- 3 Heretofore a further charge per piece has been levied ; the whole duty is now to be paid in one sum, and the further charge is abolished. Class 11. — Carpeting, matting, #e. Mats of all kinds, as of straw, rattan, bamboo, &c, per 100 catties 2 Class 12. — Preserves, $c. Preserved ginger and fruits of all kinds, per 100 catties 5 Soy, per 100 catties 4 Sugar, white and brown, per 100 catties 2 5 Sugar candy, all kinds, per 100 catties 3 5 Tobacco, prepared and unprepared, &c, of all kinds, per 100 catties 2 Class 13. — Vhenumerated articles. All articles which it has not been practicable to enumerate herein speci- fically are to be charged a duty of rive per cent, ad valorem. Class 14. Gold and Bilver coin, and gold and silver, duty free. Class 15. Bricks, tiles, and building materials, duty free. IMPORTS. Class 1. — Wax, saltpetre, $c. "Was, foreign, as beeswax, also called tile wax, per 100 catties 10 Oil-of -rose mallows, per 100 catties 10 Saltpetre, foreign, per 100 catties 3 This article is only allowed to be sold to the Government merchants; formerly this regulation did not exist. Soaps, foreign, as perfumed soap, per 100 catties 5 Class 2. — Spices and perfumes. Gum benzoin and oil of benzoin, per 100 catties 10 Sandal wood, per 100 catties 5 Pepper, black, per 100 catties 4 All other articles of this class not specifically mentioned herein, to pay a duty of ten per cent, ad valorem. Perfumery, five per cent, ad valorem. Class 3. — Drugs. Asafcetida, per 100 catties 10 Camphor, superior quality, i. e., pure, formerly classed as good and inferior, percatty ■ 1 ' J Camphor, inferior quality or refuse, formerly uncleaned camphor, per catty. 5 Cloves, superior quality, picked, per 100 catties 15 Cloves, inferior quality, (mother cloves,) per 100 catties. : 5 Cow bezoar, per catty 1 Cutch, per 100 catties 3 Gambier, per 100 catties 1 5 Areca nut, per 100 catties 1 5 Ginseng, foreign, superior quality, &c, per 100 catties 38 Ginseng, inferior quality, &c, per 100 catties 3 5 Of every hundred catties of foreign ginseng of whatever sort, one-fifth part is to be considered as of superior quality, and four-fifths of inferior. * Taels, mace, and candareeos. CHINA, 1844. 143 *T. M. C. Gum olibannm, per 100 catties 5 Myrrh, per 100 flatties 5 Mace, or flower of nutmeg, per 100 catties 1 Quicksilver, per 100 catties 3 0/0 Nutmegs, first quality, per 100 catties 2 Nutmegs, secoud quality, or coarse, per 100 catties 10 Putchuk, per 100 catties 7 5 Rhinoceros horns, per 100 catties 3 Class 4. — Sundries. Flints, per 100 catties - 5 Mother of pearl shells, per 100 catties 2 Class 5. — Dried, moats, #-e. Birds' nests, first quality mandarin, per 100 catties 5 Birds' nests, second quality ordinary, per 100 catties 2 5 Birds' nests, third quality with feathers, per 100 catties. 5 Bicho de mar, first quality black, per 100 catties 8 Bieho de mar, second, quality, white, per 100 catties 2 Sharks' fins, first quality, white, per 100 catties 1 Sharks' fins, second quality, black, per 100 catties 5 Stock fish, called dried fish, per 100 catties 4 Fish-maws, not formerly in tariff, per 100 catties 1 5 Class 6. — Painters' stores. Cochineal, per 100 catties 5 Smalts, per 100 catties. „ 4 Sapan wood, per 100 catties 1 Class 7. — Woods, canes, tfc. Rattans, per 100 catties 2 Ebony, per 100 catties 15 All other imported wood, as red wood, satin wood, yellow wood, not specifi- cally enumerated, to pay a duty of ten per cent, ad valorem. Class 8. — Clocks, watehes, fyc. Clocks. Watches. Telescopes. Glass panes, and crystal ware of all kinds. Writing-desks. Dressing-cases. Jewelry of gold and silver. Cutlery, swords, &c. All the foregoing and any other miscellaneous articles of the same descrip- tion, 5 per cent, ad valorem. Gold and silver bullion, duty free. Class 9. Class 10. Cotton, fabrics of cotton and canvas, from 75 to 100 chih long, and 1 chih 7 tsun to 2 chih 2 tsun wide, per piece 5 Cotton, allowing 5 per cent, for tare, per 100 catties 4 Long white cloths, 75 to 100 chih long, 2 chih 2 tsun to 2 chih 6 tsun wide, formerly divided into superior and inferior fine cotton cloth, per piece 15 Cambrics and muslins, from 50 to 60 chih long, and 2 chih 9 tsun to 3 chih 3 tsun wide, per piece . • 15 Cottons, grey or unbleached domestic, &c, from 75 to 100 chih long, and 2 chih to 2 chih 9 tsun wide, formerly classed as coarse long cloths, per piece . 1 Twilled cottons, grey, same dimensions, per piece. 10 * TaeJs, mace, and candareens. 144 TREATIES AND CONVENTIONS. *T. M. C. Chintz and prints ot all kinds, from 60 to 75 chili long, and from 2 chih 9 tsun to 3 chih 3 tsun wide, formerly called ornamented or flowered cloths, per piece 2 Cotton yarn, or cotton thread, per 100 catties 10 Linen, tine, not formerly in the tariff, from 50 to 75 chih long, and 1 chih 9 tsnn to 2 chih 2 tsun wide, per piece 0-5 Bunting, per chang 1£ All other imported articles of this class, as ginghams, pulicats, dyed cottons, velveteens, silk and cotton mixtures, and mixtures of linen and cotton, &c, &c, 5 per cent, ad valorem. Class 11. — Fairies of silk, woollen, fyc. Handkerchiefs, large, above 2 chih 6 tsun, each 1^ Handkerchiefs, small, under 2 chih 6 tsun, each 1 Gold and silver thread, superior or real, per catty 1 3 Gold and silver thread, inferior, or imitation, per catty 3 Broadcloth, Spanish stripe, &c, from 3 chih 6 tsun to 4 chih 6 tsun wide, per chang , 15 Narrow cloths, as long ells, cassimeres, &c, formerly classed as narrow woollens, per chang 7 Camlets, (Dutch,) per chang 15 Camlets, per chang 7 Imitation camlets, or bombazettes, per chang 3} Woollen yarn, per 100 catties 3 Blankets, each 10 All other fabrics of wool, or of mixed wool and cotton, wool and silk, &c, 5 per cent, ad valorem. Class 12. — Wines, fyc. Wine and beer, in quart bottles, per 100 10 Wine and beer, in pint bottles, per 100 5 Wine and beer, in cask, per 100 catties : 5 Class 13. — Metals. Copper, foreign, in pigs, &c, per 100 catties 10 Copper, wrought, as sheets, rods, &c, por 100 catties 1 5 Iron, foreign, unmanufactured, as in pigs, per 100 catties 10 Iron, manufactured, as in bars, rods, &c, per 100 catties 1 5 Lead, foreign, in pigs, or manufactured, per 100 catties 2 8 Steel, foreign, of every kind, per 100 catties 4 Tin, foreign, per 100 catties 10 Tin plates, formerly not in the tariff, per 100 catties 4 Spelter is only permitted to be sold to government merchants. All unenumerated metals, as zinc, yellow copper, &c, 10 per cent, ad va- lorem. Class 14.— Jewelry.' Cornelians, per 100 stones 5 Cornelian beads, per 100 catties 10 Class 15. — Skins, teeth, horns, fyc. Bullocks' and buffalo horns, per 100 catties 2 Cow and ox hides, tanned and untanued, per 100 catties 5 Sea-otter skins, each 1 5 Fox skins, large, each 1 5 Fox skins, small, each 1\ Tiger, leopard, and marten skins, each 15 Land-otter, raccoon, and sharks' skins, per 100 2 Beaver skins, per 100 5 Hare, rabbit, and ermine skins, per 100 5 Sea-horse teeth, per 100 catties 2 Elephants' teeth, first quality, whole, per 100 catties 4 Elephants' teeth, second quality, broken, per 100 catties 2 * Taels, mace, and candareens. CHINA, 1853. i 145 Class 16. — Unenumeraled. All new goods which it has not been practicable to enumerate herein, a duty of 5 per cent, ad valorem. Class 17. Rice and other grains, duty froe. Contraband. — Opium. Shipping dues. — These have been hitherto charged on the measurement of the ship's length and breadth, at so much per. eTwmi/, but it is now agreed to alter the system and charge according to the registered statement of the number of tons of the ship's burden. On each ton (reckoned equal to the cubic contents of 122 tows) a shipping charge of five mace is to be levied; and all the old charges of measurement, entrance, and port- clearance fees, daily and monthly fees, &c, are abolished. [l. s.] CUSHING. [l. 8.] • TSIYENG. CHINA, 1858. TREATY OF PEACE, AMITY, AND COMMERCE BETWEEN THE UNITED STATES OP AMERICA AND CHINA, CONCLUDED JUNE 18, 1858; RATIFICATIONS EXCHANGED AUGUST 16, 1859; PROCLAIMED BY THE PRESIDENT OF. THE UNITED STATES JANUARY 26, 1860. Whereas a treaty between the United States of America and the Ta Tsing Empire was concluded and signed at Tien-tsin by their respective Plenipotentiaries, on the eighteenth day of June, 1858, which treaty is, w'ord for word, as follows : The United States of America and the Ta Tsing Empire, desiring to maintain firm, lasting, and sincere friendship, have resolved ■ .' i -i ' i « i n Contracting parties. to renew, in a manner clear and positive, by means of a treaty or general convention ot peace, amity, and commerce, the rules which shall in future be mutually observed in the intercourse of their respective countries ; for which most desirable object the President of the United States and the August Sovereign of the Ta Tsing Empire have named for their Plenipotentiaries, to wit : The President of the United States of America, William B. Eeed, Envoy Extraordinary and Minister Plenipotentiary to China; and His Majesty the Emperor of China, Kweiliang, a member of the Privy Council and Superintendent of the Board of Punishments; and Hwashana, President of the Board of Civil Office, and Major General of the Bordered Blue Banner Division of the Chinese Banner-men, both of them being Imperial Commissioners and Plenipotentiaries ; And the said Ministers, in virtue of the respective full powers they have received from their Governments, have agreed upon the following articles : Article I. There shall be, as there have always' been, peace and friendship between the United States of America and the Ta Tsing Peac(!aildl . rieildBhip Empire, and between their people, respectively. They shall not insult or oppress each other for any trifling cause, so as to produce an estrangement between them; and if any other nation should act unjustly or oppressively, the United States will exert their good offices, on being informed of the case, to bring about an amicable arrangement of the question, thus showing their friendly feelings. 10 146 « TREATIES AND CONVENTIONS. Article II. In order to perpetuate friendship, on the exchange of ratifications by the President, with the advice and consent of the Senate of the United States, and by His Majesty the Emperor of China, this treaty shall be kept and sacredly guarded in this way, viz : The original treaty, as rati- fied by the President of the United States, shall be deposited at Pekin, the capital of His Majesty the Emperor of China, in charge of the Privy Council; and, as ratified by His Majesty the Emperor of China, shall be deposited at Washington, the capital of the United States, in charge of the Secretary of State. Article III. In order that the people of the two countries may know and obey the provisions of this treaty, the United States of America agree, immedi- ately on the exchange of ratifications, to proclaim the same, and to publish it by proclamation in the gazettes where the laws of the United States of America are published by authority; and His Majesty the Emperor of China, on the exchange of ratifications, agrees immediately to direct the publication of the same at the capital and by the governors of all the provinces. Article IV. In order further to perpetuate friendship, the Minister or Commissioner, ti^ united sMcs or the highest diplomatic representative of the United States Miniate,- i„ ci,in». f ^ mer i ca j n China, shall at all times have the right to cor- respond on terms of perfect equality and confidence with the officers of the Privy Council at the capital, or with the Governors-General of the Two Kwangs, the provinces of Fuhkien and Chehkiang or^of the Two Kiangs; and whenever he desires to have such correspondence with the Privy Council at the capital he shall have the right to send it through either of the said Governors-General or by the general post; and all such communications shall be sent under seal, which shall be most carefully respected. The Privy Council and Governors-General, as the case maybe, shall in all cases consider, and acknowledge such' communications promptly and respectfully. Article V. The Minister of the United States of America in China, whenever he has business, shall have the right to visit and sojourn at the capital of His Majesty the Emperor of China, and there confer with a member of the Privy Council, or any other high officer of equal rank deputed for that purpose, on matters of common interest and advantage. His visits shall not exceed one in each, year, and he shall complete his business without unnecessary delay. He shall be allowed to go by land or come to the mouth of the Peiho, into which he shall not bring ships of war, and he shall inform the authorities at that place in order that boats may be provided for him to go on his journey. He is not to take advantage of this stipulation to request visits to the capital on trivial occasions. Whenever he means to proceed to the capital, he shall com- municate, in writing, his intention to the Board of Eites at the capital, and thereupon the said Board shall give the necessary directions to CHINA, 1858. 147 facilitate his journey and give him necessary protection and respect on Lis way. On his arrival at the capital he shall be furnished . , -i « ■ -i -i ■&»- for the protection of the commerce of their country or for the Si 8 »" «£° it ta advancement of science, shall arrive at or near any of the Cbine " e watera - ports of China, commanders of said ships and the superior local author- ities of Government shall, if it be necessary, hold intercourse on terms of equality and courtesy, in token of the friendly relations of their respective nations ; and the said vessels shall enjoy all suitable facilities on the part of the Chinese Government in procuring provisions or other supplies and making necessary repairs. And the United States of America agree that in case of the shipwreck of any American vessel, and 148 TREATIES AND CONVENTIONS. its being pillaged by pirates, or in case any American vessel shall he> pillaged or captured by pirates on the seas adjacent to the p ira te», *c C oast, without being shipwrecked, the national vessels of the United States shall pursue the said pirates, and if captured deliver them over for trial and punishment. Article X. The United States of America shall have the right to appoint Consuls united state, con- and other Commercial Agents for the protection of trade, to • u1 "- reside at such places in the dominions of China as shall be agreed to be opened ; who shall hold official intercourse and correspond- ence with the local officers of the Chinese Government, (a Consul or a Vice- Consul in charge taking rank with an intendant of circuit or a prefect^ either personally or in writing^ as occasions may require, on terms of equality and reciprocal respect. And the Consuls and local officers shall employ the style of mutual communication. If the officers of either nation are disrespectfully treated or aggrieved in any way by the other authorities, they have the right to make representation of the same to the superior officers of the respective Governments, who shall see that full inquiry and strict justice shall be had in the premises. And the said Consuls and Agents shall carefully avoid ail acts of offence to the officers and people of China. On the arrival of a Consul duly accredited at any port in China, it shall be the duty of the Minister of the United States to notify the same to the Governor-General of the province where such port is,, who shall forthwith recognise the said Consul and grant him authority to act. Article XL All citizens of the United States of America in China, peaceably united states at,- attending to their affairs, being placed on a common footing senBincuma. f am jty anc i g 00( j w \\i ^vitli the subjects of China, shall receive and enjoy for themselves and everything appertaining to them, the protection of the local authorities of Government, who shall defend them from all insult or injury of any sort. If their dwellings or property be threatened or attacked by mobs, incendiaries, or other violent or law- less persons, the local officers, on requisition of the Consul, shall imme- diately dispatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost rigor of the law. criminal acts Subjects of China guilty of any criminal act toward citizens of the United States shall be punished by the Chinese author- ities according to the laws of China ; and citizens of the United States, either on shore or in any merchant vessel, who may insult, trouble, or wound the persons or injure the property of Chinese, or commit aDy other improper act in China, shall be punished only by the Consul or other public functionary thereto authorized, according to the laws of the United States. Arrests in order to trial may be made by either the Chinese or the United States authorities. Article XII. Citizens of the United States, residing or sojourning at any of the ports citi,e M of united open to foreign commerce, shall be permitted to rent houses state. ;» ope» port.. an( j p] aces f business, or hire sites on which they can them- selves build houses or hospitals, churches, and cemeteries. The parties interested can fix the rent by mutual and equitable agreement ; thfr CHINA, 1858. 149 proprietors shall not demand an exorbitant price, nor shall the local authorities interfere, unless there be some objections offered on the part of the inhabitants respecting the place. The legal fees to the officers for applying their seal shall be paid. The citizens of the United States shall not unreasonably insist on particular spots, but each party shall conduct with justice and moderation. Any desecration of the ceme- teries by natives of China shall be severely punished according to law. At the places where the ships of the United States anchor, or their citi- zens reside, the merchants, seamen, or others, can freely pass and repass in the immediate neighborhood ; but, in order to the preservation of the public peace, they shall not -go into the country to the villages and marts to sell their goods unlawfully, in fraud of the revenue. Article XIIL If any vessel of the United States be wrecked or stranded on the coast of China, and be subjected to plunder or other damage, the proper officers of Government, on receiving information of the fact, shall immediately adopt measures for its relief and security ; the persons on board shall receive friendly treatment, and be enabled to repair at once to the nearest port, and shall enjoy all facilities for obtain- ing supplies of provisions and water. If the merchant vessels of the United States, while within the waters over which the Chinese Govern- ment exercises jurisdiction, be plundered by robbers or pirates, then the Chinese local authorities, civil and mili- tary, on receiving information thereof, shall arrest the said robbers or pirates, and punish them according to law, and shall cause all the prop- erty which can be recovered to be restored to the owners or placed in the hands of the consul. If, by -reason of the extent of territory and numerous population of China, it shall in any case happen that the rob- bers cannot be apprehended, and the property only in part recovered, the Chinese Government shall not make indemnity for the goods lost; but if it shall be proved that the local authorities have been in collusion with the robbers, the same shall be communicated to the superior author- ities for memorializing the throne, and these officers shall be severely punished, and their property be confiscated to repay the losses. Article XIV. The citizens of the United States are permitted to frequent the ports and cities of Canton and Chau-chau or Swatau, in the prov- ince of Kwang-tung, Amoy, Fuh-chau, and Tai-wan, in For- mosa, in the province of Fuh-kien, Mngpo, in the province of Cheh- Mang, and Shanghai, in the province of Kiang-su, and any other port or place hereafter by treaty with other powers or with the United States opened to commerce, and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise from any of these ports to any other of them. But said vessels shall not carry on a clandestine and fraudulent trade at other ports of China not declared to be legal, or along the coasts thereof; and any vessel under the Ameri- can flag violating this provision, shall, with her cargo, be subject to confiscation to the Chinese Government ; and any citizen of the United States who shall trade in any contraband article of merchandise shall be subject to be dealt with by the Chinese Government, without being . entitled to any countenance or protection from that of the United States ; and the United States will take measures to prevent their flag from. 150 TREATIES AND CONVENTIONS. being abased by the subjects of other nations as a cover for the violation of the laws of the empire. Article XV. At each of the ports open to commerce citizens of the United States c^merce at op™ shall be permitted to import from abroad, and sell, purchase, rorts - and export all merchandise Of which the importation or-ex- portation is not prohibited by the laws of the empire. The tariff of duties to be paid by citizens of the United States, on the export and import of goods from and into China, shall be the same as was agreed upon at the treaty of Wanghia, except so far as it may be modified by treaties with other nations ; it being expressly agreed that citizens of the United States shall never pay higher duties than those paid by the most favored nation. Article XY1. Tonnage duties shall be paid on every merchant vessel belonging to the United States entering either of the open ports, at the mnwditna. ^^ Q £ £ our mace p er ^ on £ f or £y ca bi c feet, if she be over one hundred and fifty tons burden, and one mace per ton of forty cubic feet, if she be of the burden of one hundred and fifty tons or under, according to the tonnage specified in the register, which, with her other papers, shall, on her arrival, be lodged with the Consul, who shall report the same to the commissioner of customs. And if any ves- sel, having paid tonnage duty at one port, shall go to airy other port to complete the disposal of her cargo, or, being in ballast, to purchase an entire or fill up an incomplete cargo, the Consul shall report the same to the commissioner ,of customs, who shall note on the port clearance that the tonnage duties have been paid, and report the circum- stances to the collectors at the other. custom-houses; in which case, the said vessel shall only pay duty on her cargo, and not be charged with tonnage duty a second time. The collectors of customs at the open ports Be*,™™, liBht- shall consult with the Consuls about the erection of beacons iou.<», &.1 or light-houses, and where buoys and light-ships should be placed. Article XVII. Citizens of the United States shall be allowed to engage pilots to take puote, eer™^, their vessels into port, and, when the lawful duties have all * c - ' been paid, take them out of port. It shall be lawful for them to hire at pleasure servants, compradores, linguists, writers, labor- ers, seamen, and persons for whatever necessary service, with passage or cargo boats, for a reasonable compensation, to be agreed upon by the parties or determined by the consul. Article XVIII. Whenever merchant vessels of the United States shall enter a port,. -HerAa™ vessels the collector of customs shall, if he see fit, appoint custom- imort. house officers to guard said vessels, who may live on.board the ship or their own boats, at their convenience. The local authorities Mutineers and de- of the Chinese Government shall cause to be apprehended • .oner.. a ^[ mutineers or deserters from on board the vessels of the United States in China on being informed by the Consul, and will deliver CHINA, 1858. 151 tliem up to the Consuls or other officer for punishment. And if crimi- nals, subjects of China, take refuge in the houses or ou board the vessels of citizens of the United States, they shall not be harbored or concealed, but shall be delivered up to justice on due requisition by the Chinese local officers, addressed to those of the United States. The merchants, seamen, and other citizens of the United States shall be under the superintendence of the appropriate officers of their Government. If individuals of either nation commit acts of violence or disorder, use arms to the injury of others, or create disturbances endangering life, the officers of the two Governments will exert them- selves to enforce order and to maintain the public peace, by doing im- partial justice in the premises. Article XIX. Whenever a merchant vessel belonging to the United States shall cast anchor in either of the said ports, the supercargo, master, P , per9 of m „ chtmt or consignee, shall, within forty-eight hours, deposit the TCMe1 '- ship's papers in the hands of the Consul or person charged with his func- tions, who shall cause to be communicated to the superintendent of customs a true report of the name. and tonnage of such vessel, the number of her crew, and the nature of her cargo ; which being done, he shall give a permit for her discharge. And the master, Perralt ror diB . supercargo, or consignee, if he proceed to discharge the charse ' cargo without such permit, shall incur ^ fine of five hundred dollars, and the goods so discharged without permit shall be subject to forfeiture to the Chinese Government. But if a master of any vessel in port desire to discharge a part only of the cargo, it shall be lawful for him to do so, paying duty on such part only, and to proceed with the remainder to any other ports. Or, if the masterso desire, he may, within forty-eight hours after the arrival of the vessel, but not later, decide to depart with- out breaking bulk; in which case he shall not be subject to pay tonnage or other duties or charges until, on his arrival at another port, he shall proceed to discharge cargo, when he shall pay the duties on vessel and cargo, according to law. And the tonnage duties shall be held due after the expiration of the said forty-eight hours. T """ : "" i d " In case of the absence of the Consul or person charged with his func- tions, the captain or supercargo of the vessel may have recourse to the Consul of a friendly power, or, if he please, directly to the superintend- ent of customs, who shall do all that is required to conduct the ship's business. Article XX. The superintendent of customs, in order to the collection of the proper duties, shall, on application made t» him through the Consul, Swe ™temtat or appoint suitable officers, who shall proceed, in the presence ■= usl ° ras - of the captain, supercargo, or consignee, to make a just and fair examina- tion of all goods in the act of being discharged for importation or laden for exportation on board any merchant vessel of the United States. And if disputes occur in regard to the value of goods sub- Di. P «.. ject to ad valorem duty, or in regard to the amount of tare, and the same cannot be satisfactorily arranged by the parties, the ques- tion may, within twenty-four hours, and not afterwards, be referred to the said Consul to adjust with the superintendent of customs. \ 152 TREATIES AND CONVENTIONS. Article XXL Citizens of the United States who may have imported merchandise Re-exportation of into an y 0I " fcne f ree ports of China, and paid the duty thereon, good.. ^ they desire to reexport the same in part or in whole to any other of the said ports, shall be entitled to make application, through their Consul, to the superintendent of customs, who, in order to prevent 'fraud on the revenue, shall cause examination to be made, by suitable officers, to see that the duties paid on such goods as are entered on the custom-house books correspond with the representation made, and that the goods remain with their original marks unchanged, and shall then make a memorandum in the port clearance of the goods and the amount of duties paid on the same, and deliver the same to the merchant, and shall also certify the facts to the officers of customs of the other ports; all which being done on the arrival in port of the vessel in which the goods are laden, and everything being found, on examination there, to correspond, she shall be permitted to break bulk and land the said goods without being subject to the payment of any additional duty thereon. But if, on such examination, the superintendent of customs shall detect any fraud on the revenue in the case, then the goods shall be subject to forfeiture and confiscation to the Chinese Government. Foreign grain or rice brought into any port of China in a ship of the United States, and not landed, may be reexported without hindrance. Article XXII. The tonnage duty on vessels of the United Stales shall be paid on their being admitted to entry. Duties of import shall be paid on the discharge of the goods, and duties of export on the lading of the same. When all such duties shall have been paid, and not before, the collector of customs shall give a port clearance, and the consul shall return the ship's papers. The duties shall be paid to the shroffs authorized by the Chinese Government to receive the same. Duties shall be paid and received, either in sycee silver or in foreign money, at the rate of the day. If the Consul permits a ship to leave the port before the duties and tonnage dues are paid he shall be held responsible therefor. Article XXIII. When goods on board any merchant 'vessel of the United States in Transhipment of port require to be transhipped to another vessel, application goods. 8liall jj e made to tll6 oonsulj who sball certif y what is tne occasion therefor to the superintendent of customs, who may appoint officers to examine into the facts and permit the transhipment. And if any goods be transhipped without written permits they shall be sub- ject to be forfeited to the Chinese Government. Article XXIY. Where there are debts due by subjects of China to citizens of the Bebt.au.jtc United States, the latter may seek redress in law; and,, on suitable representations being made to the local authori- ties, through the consul, they will cause due examination in the prem- ises, and take proper steps to compel satisfaction. And if citizens of the United States be indebted to subjects of China, the latter may seek redress by representation through the Consul, or by suit in the consular court; but neither Government will hold itself responsible for such debts. CHINA, 1858. 153 Article XXV. It shall be lawful for the officers or citizens of the United States to employ scholars and people of any part of China, without Taahm ^ distinction of persons, to teach any of the languages of the empire, and to assist in literary labors ; and the persons so employed shall not for that cause be subject to anjf injury on the part either' of the Government or of individuals ; and it shall in like manner be lawful for citizens of the United States to purchase all manner of books in China. Article XXVI. Eelations of peace and amity between the United States and China being established by this treaty, and the vessels of the Cm ^^ United States being admitted to trade freely to and from the ports of China open to foreign commerce, it is further agreed that, in case at any time hereafter China should be at war with any foreign nation whatever, and should for that cause exclude such nation from entering her ports, still the vessels of the United States shall not the less continue ta pursue their commerce in freedom and security, and to transport goods to and from the ports of the belligerent powers, full respect being paid to the neutrality of the flag of the United States, provided that the said flag shall not protect vessels engaged in the transportation of officers or soldiers in the enemy's service, nor shall said flag be fraudulently used to enable the enemy's, ships, with their cargoes, to enter the ports of China ; but all such vessels so offending shall be subject to forfeiture and confiscation to the Chinese Government. Article XXYII. All questions in regard to rights, whether of property or person, arising between citizens of the United States in China shall Contr0Te „ be subject to the jurisdiction and regulated by the authori- ties of their own Government; and all controversies occurring in China between citizens of the United States and the subjects of any other Government shall be regulated by the treaties existing between the United States and such Governments, respectively, without interference on the part of China. Article XXVIII. If citizens of the United States have special occasion to address any communication to the Chinese local officers t^f Government, c<)mmuIli< . ati0M they shall submit the same to their Consul or other officer, ^'/^^'PEii to determine if the language be proper and respectful, and »^. er J%«"' '° C8 ' the matter just and right, in which event he shall transmit the same to the appropriate authorities for their consideration and action in the premises. If subjects of China have occasion to address the Consul of the United States, they may address him directly at the same time they inform their own officers, representing the case for his consideration and action in the premises; and if controversies arise between citizens of the United States and subjects of China, which can-' not be amicably settled otherwise, the same shall be examined and decided conformably to justice and equity by the public officers of the two nations, acting in conjunction. The extortion of illegal fees is expressly prohibited. Any peaceable persons are allowed to enter the court in order to interpret, lest injustice be done. 154 TREATIES AND CONVENTIONS. Akticle XXIX. The principles pf the Christian religion, as professed by the Protestant and Eoman Catholic churches, are recognized as teaching IMis.ou.totaaW men tQ dQ gQ0dj and tQ d() tQ others ag they WQuld haye others do to them. Hereafter those who quietly profess and teach these doctrines shall not be harassed or persecuted on account of their faith. Any person, whether citizen of the United States or Chinese convert, who. according to these tenets, peaceably teach and practice the prin- ciples of Christianity, shall in no case be interfered with or molested. Akticle XXX. The contracting parties hereby agree that should at any time the Ta Tsing Empire grant to any nation, or the merchants or M.,tfaTor E d nntkm. citizens of m ^ nat i 011j any r i g ht, privilege, or favor, con- nected either with navigation, commerce, political or other intercourse, which is not conferred by this treaty, such right, privilege, ^ind favor shall at once freely inure to the benefit of the United States, its public officers, merchants, and citizens. The present treaty of peace, amity, and commerce shaM be ratified by the President of the United States, by and with the advice and con- sent of the Senate, within one year, or sooner, if possible, and by the August Sovereign of the Ta Tsing Empire forthwith; and the ratifi- cations shall be exchanged within one year from the date of the signa- tures thereof. In faith whereof, we, the respective Plenipotentiaries of the United States of America and of the Ta Tsing Empire, as aforesaid, have signed and sealed these presents. Done at Tien-tsin this eighteenth day of June, in the year of our Lord one thousand eight hundred and fifty-eight, and the independence .of the United States of America the eighty-second, and in the eighth year of Hienfung, fifth month, and eighth day. WILLIAM B. EEED. KWEILIANG. HWASHANA. Note to Article XIX. — On the 17tli July, 1867, it had been agreed between the Chinese Government and Mr. Burlingaine, United States Minister at Pekin, that, sub- ject to ratification by the Government of the United States, Article XIX should be modified as hereinafter stated. The proposed modification having been submitted to the Senate, that body, by its resolution of January 20, 1868, did " advise and consent to the modification of the treaty between the United States and China, concluded at Tien-tsin, on the 18th of June, 1858, so that the nineteenth article shall be understood to include hulks and storeships of every kind under the term merchant vessels ; and so that it shall provide that if the supercargo, master, or consignee shall neglect, with- in forty-eight hours after a vessel casts anchor in either of the ports named in the treaty, to deposit the ship's papers in the hands of the Consul, or person charged with his functions, who shall then comply with the requisitions of the nineteenth article of the treaty in question, he shall be liable to a fine of fifty taels for each day's delay. The total amount of penalty, however, shall not exceed two hundred taels." Note to Article XXI. — On the 7th April, 1863, it was agreed between Mr. Burlin- game, United States Minister at Pekin, and the Government of China, that, subject to the ratification of the Government of the United States, the twenty-first article of the treaty of June 18, 1858, "shall be so modified as to permit duties to be paid, when goods are reexported from any one of the free ports of China, at the port into which they are finally imported; and that drawbacks shall be substituted for exemp- tion certificates at all the ports, which drawbacks shall be regarded as negotiable and transferable articles, and be accepted by the custom-house from whatsoever merchant "who may tender them, either for import or export duty to be paid by him." The Senate advised and consented to this modification by resolution of February 4, 1864 ; and it was accepted, ratified, and confirmed by the President February 22, 1864 t L. S." L. s." L. s." CHINA, 1858. 155 CONVENTION BETWEEN THE UNITED STATES AND CHINA EOE THE REGULATION OF TRADE; CONCLUDED NOVEMBER 8, 1858; RATIFICA- : TIONS EXCHANGED AT PETANG AUGUST 15, 1859. Whereas a treaty of peace, amity, and commerce between the Ta Tsing' Empire and the United States of America was concluded at PremMe Tien-tsin, and signed at the Temple of Hai-Kwang on the eighteenth day of June, in the year of our Lord one thousand eight hundred and fifty-eight, corresponding with the eighth day of the fifth moon of the eighth year of Hienfung ; which said treaty was duly rati- fied by His Majesty the Emperor of China on the third day of July following, and which has been now transmitted for ratification by the President of the United States, with the advice and consent of the Senate; and whereas in the said treaty it was provided, among other things, that the tariff of duties to be paid by citizens of the United States on the export and import of goods from and into China Shall be the same as was agreed upon at the treaty of Wang-hia, except so far as it may be modified by treaties with other nations, it being expressly agreed that citizens of the United States shall never pay higher duties than those paid by the most favored nations ; and whereas since the signature of the Said treaty material modifications of the said tariff and other matters of detail connected with and having relation to the said treaty have been made under mutual discussions by commissioners , appointed to that end by the Plenipotentiaries of China, Great Britain, and France, to which the assent of the United States of America is desired aDd now freely given, it has been determined to record such assent and agreement in the form of a supplementary treaty, to be as binding and of the same efficacy as though they had been inserted in the original treaty. Akticle I. The tariff and regulations of trade and transit hereunto attached, bearing the seals of the respective Plenipotentiaries of the United States and the Ta'Tsing Empire, shall henceforward and until duly altered under the provisions of treaties be in force at the ports and places open to commerce. In faith whereof the respective Plenipotentiaries of the United States of America and of the Ta Tsing Empire, to wit, on the part of the United States, William B. Eeed, Envoy Extraordinary c °° , ™ t " ,g parUes - and Minister Plenipotentiary; and on the part of the Ta Tsing Empire Kweiliaug, a member of the Privy Council, Captain General of the Plain White Banner Division of the Manchu Bannermen, and Superin- tendent of the Board of Punishments ; and Hwashana, Classical Keader at Banquets, President of the Board of Civil Office, Captain General of the Bordered Blue Banner Division of the Chinese Bannermen, both of them Plenipotentiaries ; with Ho Kwei-tsing, Governor General of the two Kiang Provinces, President of the Board of War, and Guardian of the Heir -Apparent ; Mingshen, President of the Ordnance Office of the Imperial Household, with the Insignia of the Second Grade ; and Twan, a titular President of the Fifth Grade, member of the Establishment of the General Council, and one of the junior under Secretaries of the Board of Punishments, all of them special Imperial Commissioners deputed for the purpose, have signed and sealed these present. 156 TREATIES AND CONVENTIONS. Done at Shanghai this eighth clay of November, in the year of our Lord ' one thousand eight hundred and fifty-eight, and the Inde- pendence of the United States of America the eighty-third, and in the eighth year of Hienfung, the tenth month and third day. [SEAL.! > WILLIAM B. EBED. fKWEILIANG. S HWASHANA. [seal.1 aud not exceeding 12 yards long, per piece 3 5 Cotton muslins, not exceeding 46 inches wide, and not exceeding 24 yards long, per piece 7 5 c. C 5 5 5 7 5 5 5 5 5 5 2 8 5 5 5 6 5 CHINA, 1858. 157 T. SI. C. C. Cotton muslins, not exceeding 46 inches wide, and not exceeding 12 yards long, per piece >.. 3 5 Cotton damasks, not exceeding 36 inches -wide, and not exceeding 40 yards long, per piece 2 Cotton dimities, or quiltings, not exceeding 40 inches wide, and not exceed- ing 12 yards long, per piece Cotton ginghams, not exceeding 28 inches wide, and not exceeding 30 yards long, per piece Cotton handkerchiefs, not exceeding one yard square, per doezn Cotton fustians, not exceeding 35 yards long, per piece Cotton velveteens, not exceeding 34 yards long, per piece Cotton thread, per 100 catties Cotton yarn, per 100 catties.... Cow bezoar, Indian, per catty 1 Cutch, per 100 catties Elephants' teeth, whole, per 100 catties 4 Elephants' teeth, broken, per 100 catties 3 Feathers, kingfisher's, peacock's, per 100 Fish-maws, per 100 catties 1 Fish-skin, per 100 catties Flints, per 100 catties • Gambier, per 100 catties Gamboge, per 100 catties .... 1 . Ginseng, American crude, per 100 catties , 6 Ginseng, American clarified, per 100 catties 8 Glass, window, per box of 100 square feet Glue, per 100 catties Gold thread, real, per catty 1 Gold thread, imitation, per catty Gum benjamin, per 100 catties Gum benjamin, oil of, per 100 catties , Gum, dragon's blood, per 100 catties Gam, myrrh, per 100 catties...-. Gum, olibanum, per 100 catties ' Hides, buffalo and cow, per 100 catties Hides, rhinoceros, per 100 catties Horns, buffalo, per 100 catties ' Horns, deer, per 100. catties Horns, rhinoceros, per 100 catties 2 Indigo, liquid, per 100 catties Isinglass^ per 100 catties Lacquered ware, per 100 catties 1 Leather, per 100 eatties ' Linen, fine, as Irish or Scotch, not exceeding 50 yards long, per piece Linen , coarse, as linen and cotton, or silk and linen mixtures, not exceed- ing 50 yards long, per piece Lucraban seed, per 100 catties Mace, per 100 catties 1 Mangrove bark, per 100 catties Metals, copper, manufactured, as in sheets, rods, nails, per 100 catties 1 Metals, copper, unmanufactured , as in slabs, per 100 catties 1 Metals, copper, yellow-metal sheating and nails, per 100 catties Metals, copper, Japan, per 100 catties... Metals, iron, manufactured, as in sheets, rods, bars, hoops, per 100 catties. . Metals, iron, unmanufactured, as in pigs, per 100 catties Metals, iron, kentledge, per 100 catties . Metals, iron, wire, per 100 catties Metals, lead, in pigs, per 100 catties . Metals, lead, in sheets, per 100 catties '. Metals, quicksilver 1. ...... 2 Metals, spelter, saleable only under regulations appended, per 100 cattie3. Metals, steel, per 100 catties Metals, tin, per 100 catties - 1 Metals, tin plates, per 100 catties Mother-o'-pearl shell, per 100 catties : Musical boxes, 5 per cent, ad valorem. Mussels, dried, per 100 catties Nutmegs, per 100 catties , 2 Olives, uupickled, salted, or pickled, per 100 catties 3 5 2 5 2 O 1 5 7 2 7 5 1 8 4 2 3 1 5 1 5 1 5 •fi 3 6 6 4 5 4 5 4 5 5 4 2 2 5 2 5 1 8 6 5 4 2 ij 2 3 5 3 5 9 6 1 2 5 7 5 1 2 5 2 5 5 5 2 5 o 5 •> 5 4 2 2 5 1 8 M. €. G. 1) 3 6 5 3 6 6 1 5 () 1 8 5 4 n 1 5 i) 5 i) 3 3 5' 5 1 5 7 5 1 5 5 1 5 5 5 5 2 3 5 158 TREATIES AND CONVENTIONS. X. 'Opium, per 100 catties 30 Pepper, black, per 100 catties '. Pepper, white, per 100 catties .Prawns, dried, per 100 catties - Putchuck, per 100 catties +. JRattans, per 100 catties Rose maloes, per catties 1 Salt fish, per 100 catties Saltpetre, saleable only under regulation appended, per hundred catties. . Sandal wood, per 100 catties Sapan wood, per hundred catties ■ Sea-horse teeth, per 100 catties 2 Sharks' fins, black, per 100 catties Sharks' fins, white, per 100 catties 1 Sharks' skins, per hundred 2 Silver thread, real , per catty - 1 Silver thread, imitation, per catty -Sinews, buffalo and deer, per 100 catties Skins, fox, large, each Skins, fox, small, each Skins, marten, each. Skins, sea otter, each 1 Skins, tiger and leopard, each ". Skins, beaver, per hundred , 5 Skins, doe, hare, and rabbit, per hundred Skins, squirrel, per hundred Skins, land otter, per hundred 2 Skins, racoon, per hundred 2 Smalts, per 100 catties 1 Snuff, foreign, per 100 catties 7 Sticklac, per 100 catties Stockfish, per 100 catties Sulphur and brimstone, (saleable only under regulation appended,) per 100 catties 2 0/ Telescopes, spy and opera glasses, looking-glasses, mirrors, 5 per cent, ad valorem. Tigers' bones, per 100 catties 1 Timber, masts and spars, hard-wood, not exceeding 40 feet, each 4 Timber, masts and spars, hard-wood, not exceeding 60 feet, each 6 Timber, masts and spars, hard- wood, exceeding 60 feet each 10 Timber, masts and spars, soft-wood, not exceeding 40 feet each 2 Timber, masts and spars, soft-wood, not exceeding 60 feet each 4 Timber, masts and spars, soft-wood, exceeding 60 feet each 6 Timber, beams,»hard-wood, not exceeding 26 feet long, aud under 12 inches square,each 1 5 Timber, planks, hard- wood, not exceeding 24 feet long, 12 inches wide, and . 3 inches thick, per 100 3 5 Timber, planks, hard-wood, not exceeding 16 feet long, 12 inches wide, aud 3 inches thick, per 100 2 Timber, plank, soft-wood, per 1,000 square feet Timber, plank, teak, per cubic foot Tinder, per 100 catties Tortoise-shell, per catty Tortoise-shell, broken, per catty Umbrellas, each .' Velvets, not exceeding 34 yards long, per piece Watches, per pair 1 Watches, e'inaille'es il perles, per pair 4 Wax, Japan, per 100 catties Woods, camagon, per 100 catties Woods, ebony, per 100 catties Woods, garroo, per 100 catties 2 Woods, fragrant, per 100 catties Woods, kranjee, 35 feet long, 1 foot 8 inches wide, and 1 foot thick, each. Woods, laka, per 100 catties Woods, red, per 100 catties Woollen manufactures, viz, blankets, per pair Woollen broadcloth and Spanish stripes, habit and medium cloth, 51 a 64 inches wide, per chang .- Woollen, long clls,,31 inches wide, per chang 5 5 5 5 7 3 5 3 5 2 5 7 2 3 5 1 8 5 6 5 3 1 5 4 5 8 1 4 5 1 1 5 2 1 2 4 r CHINA, 1858. 159 T. M. C. C. Woollen camlets, English, 31 inches wide, per chang 5 Woollen camlets, Dutch, 33 inches wide, per chang 1 ' Woollen camlets, imitation and bonibazettes, per chang 3 5 Woollen cassimeres, flannel, and narrow cloth, per chang 4 Woollen lastings, 31 inches wide, per chang ... 5 ' Woollen lastings, imitation and Orleans, 34 inches wide, per chang 3 5 Woollen bunting, not exceeding 24 inches wide, 40 yards long, per piece.. 2 Woollen and cotton mixtures, viz, lustres, plain and brocaded, not exceed- ing 31 yards long, per piece 2 Woollen, inferior Spanish stripes, per chang 10 Woollen yarn, per 100 catties 3 TARIFF ON EXPORTS. Alum, per 100 catties 4 5 Alum, green or copperas, per 100 catties 10 Anise-peed, star, per 100 catties 5 Anise-seed, broken, per 100 catties 2 5 Anise-seed, oil, per 100 catties 5 Apricot seeds, or almonds, per 100 catties 4 5 Arsenic, per 100 catties 4 5 Artificial flowers, per 100 catties 1 ^> Bamboo ware, per 100 catties 7 5 Bangles, or glass armlets, per 100 catties 5 Beans and peas, (except from New Chwang and Tang Chow,) per 100 catties 6 Bean cake, (except from New Chwang and Tang Chow,) per 100 catties.. 3 5 Bone and horn ware, per 100 catties 1 5 Brass buttons, per 100 catties 3 Brass foil, per 100 catties 1 5 Brass ware, per 100 catties .' . . 1 Brass ware, per 100 catties 1 1 5 Camphor, per 100 catties 7 5 Canes, per thousand 5 Cantharides, per 100 catties 2 C'apoor cutchery, per 100 catties 3 Carpets and druggets, per hundred 3 5 Cassia lignea, per 100 catties..: 6 Cassia buds, per 100 catties 8 Cassia twigs, per 100 catties 1 5 Cassia oil, per 100 catties 9 Castor oil, per 100 catties (. 2 Chestnuts, per 100 catties ..'. 10 China root, per 100 catties ^ . 1 3 Chinaware, flue, per 100 catties ■. 9 Chinaware, coarse, per 100 catties 4 5 Cinnabar, per 100 catties 7 5 Clothing, cotton, per 100 catties 15 Clothing, silk, per lOOcatties 10 Coal, per 100 catties 4 Coir, per 100 catties 10 Copper ore, per 100 catties 5 Copper sheathing, old, per 100 catties 5 Copper and pewter ware, per 100 catties 115 Corals, false, per 100 catties i 1..1. 3 5 Cotton, raw, per 100 catties 3 5 Cotton rags, per 100 catties 4 5 Cow bezoar, per catty 3 6 Crackers, fireworks, per 100 catties 5 Cubebs, per 100 catties 15 Curiosities, antiques, 5 per cent, ad valorem. Dates, black, per 100 catties 1 5 Dates, red, per 100 catties 9 Dye, green, per catty 8 Eggs, preserved, per thousand '. 3 5 Fans, feather, per hundred 7 5 Fans, paper, per hundred 4 5 Fans, palm leaf, trimmed, per thousand 3 6 Fans, palm leaf, untrimmed, per thousand 2 Felt cuttings, per 100 catties 10 160 TREATIES AND CONVENTIONS. T. M. u. c. Felt caps, per hundred 1, 2 5 Fungus, or agaric, per 100 catties :.-. 6 Galangal, per 100 catties 10 Garlic, per 100 catties , 3 5 Ginseng, native, 5 per cent, ad valorem. i Ginsebg, Corean or Japan, first quality, per catty 5 Ginseng, Corean or Japan, second quality, per catty 3 5 Glass beads, per 100 catties 5 Glass, or vitrified ware, per 100 catties 5 Grass-cloth, fine, per 100 catties 2 5 Grass-cloth, coarse, per 100 catties 7 5 Ground-nuts, per 100 catties •. 10 Ground-nuts, cake, per 100 catties 3 Gypsum, ground, or plaster of Paris, per 100 catties 3 Hair, camels', per 100 catties 1 Hair, goats', per 100 catties 18 Hams, per 100 catties 5 5 Hartall, or orpiment, per 100 catties ^ 3 5 Hemp, per 100 catties 3 5 Honey, per 100 catties 9 Horns, deer's, young, per pair 9 Horns,* deer's, old, per 100 catties 1 3 5 India ink, per 100 catties 4 Indigo, dry, per 100 catties 10 Ivory ware, per catty 15 Joss sticks, per 100 catties 2 Kittysols, or paper umbrellas, per hundred 5 Lacquered ware, per 100 catties 1 Lamp-wicks, per 100 catties 6 Lead, red, (minium,) per 100 catties 3 5 Lead, white, (ceruse,) per 100 catties 3 5 Lead, yellow, (massicot,) per 100 catties 3 5 Leather articles, as pouches, purses, per 100 catties 1 5 Leather, green, per 100 catties 18 Lichees, per 100 catties 2 Lily flowers, dried, per 100 catties 2 7 Lily-seed, or lotus nuts, per 100 catties 5 Licorice, per 100 catties „• 13 5 Lung-ngan, per 100 catties 2 5 Lung-ngan, without the stone, per 100 catties 3 5 Manure-cakes, or poudrette; ; per 100 catties 9 Marble slabs, per 100 catties 2 Mats of all kiads, per hundred 2 Matting, per roll of 40 yards 2 Melon-seeds, per 100 catties 1 Motber-o'-pearl ware, per catty 10 Mushrooms, per 100 catties 1 5 Musk, per catty 9 Nankeen and native cotton cloths, per 100 catties 15 Nutgalls; per 100 catties 5 Oil, as bean, tea, wood, cotton, and hemp-seed, per 100 catties 3 Oiled paper, per 100 catties 4 5 Olive-seed, per 100 catties 3 Oyster-shells, sea-shells, per 100 catties 9 Paint, green, per 100 catties 4 5 Palampore, or cotton bedquilts, per hundred 2 7 5 Paper, ,1st quality, per 100 catties 7 Paper, 2d quality, per 100 catties 4 Pearls, false, per 100 catties .>.„. 2 Peel, orange, per 100 catties 3 Peel, pnmelo, 1st quality, per 100 catties 4 5 Peel, pumelo, 2d quality, per 100 catties 15 Peppermint leaf, per 100 catties 10 Peppermint oil, per 100 catties., ^ 3 5 Pictures and paintings, each 10 Pictures on pith or rice paper, per hundred 1 Pottery, earthenware, per 100 catties 5 Preserve, comfits, and sweetmeats, per 100 catties 5 0.0 Rattans, split, per 100 catties .' '2 5 0- CHINA, 1858. 161 T. M. C. C. Rattan ware, per 100 catties 3 Rhubarb, per 100 catties '_ __ 12 5 Rice or paddy wheat, millet, and other grains, per 100 catties 1 Rngs of hair or skin, each 9 Sanishoo, per 100 catties 15 Sandal- wood ware, per catty 10 Sea-weed, per 100 catties 15 Sesarnum seed, per 100 catties 13 5 Shoes and boots, leather or satin, per one hundred pairs 3 Shoes, straw, per one hundred pairs 18 Silk, raw and thrown, per 100 catties 10 Silk, yellow, from Szechuen, per 100 catties 7 Silk, reeled from Dupions, per 100 catties 5 Silk, wild raw, per 100 catties 2 5 Silk, refuse, per 100 catties J 10 Silk, cocoons, per 100 catties 3 Silk, floss, Canton, per 100 catties 4 3 Silk, floss, from other provinces, per 100 catties 10 Silk, ribbons and thread, per 100 catties 10 Silk, piece goods, pongees, shawls, scarfs, crape, satin, gauze, velvet, and em- broidered goods, per 100 catties 12 Silk, piece goods, Szechuen and Shantung, per 100 catties 4 5 Silk, tassels, per 100 catties 10 Silk caps, per hundred 9 Silk and cotton mixtures, per 100 catties 5 5 Silver and gold ware, per 100 catties 10 Snuff, per 100 catties 8 Soy, per 100 catties 4 Straw braid, per 100 catties 7 Sugar, brown, per 100 catties 12 Sugar, white, per 100 catties 2 Sugar candy, per 100 catties 2 5 -0 Tallow, animal, per 100 catties 2 Tallow, vegetable, per 100 catties , 3 Tea, per 100 catties 2 5 Tin-foil, per 100 catties 1 2 5 Tobacco, prepared, per 100 catties t 4 5 Tobacco, leaf, per 100 catties 15 Tortoise-shell ware, per catty 2 Trunks, leather, per 100 catties '. 15 Turmeric, per 100 catties , ' 10 Twine, hemp, Canton, per 100 catties ' 15 Twine, hemp, Soochow, per 100 catties 5 d Turnips, salted, per 100 catties - ' 18 Varnish, or crude lacquer, per 100 catties 5 Vermicelli, per 100 catties .• 18 Vermilion, per 100 catties 2 5 Wax, white or insect, per 100 catties 15 Wood, piles, poles, and joists, each 0. 3 Wood ware, per 100 catties «.. 115 Wool, per 100 catties 3 5 [SEAL.] WILLIAM B. REED. RUM I. TJncnumeraied goods. Articles not enumerated in the list of exports, but enumerated in the list of imports, when exported, shall pay the amount of duty set against them in the Ullenumorated 80oda _ list 01 imports; and similarly, articles not enumerated in the list of imports, but enumerated in the list of exports, when imported, will pay the amount of duty set against them in the list of exports. Articles not enumerated iu either list, nor in the list of duty free goods, shall pay an ad valorem duty of five per cent., calculated upon their market value. 11 162 TREATIES AND CONVENTIONS. Rule II. Duty-free goods. Goods, duty free. Gold and silver bullion, foreign coins, flour, Iudian-meal, sago, biscuit, preserved meats, and vegetables. Cheese, butter, confectionery. Foreign clothing, jewelry, plated ware, perfumery, soap of all kinds. Charcoal, firewood, candles, (foreign,) tobacco, (foreign,) cigars, (foreign.) AViue, beer, spirits, household stores, ships' stores, personal baggage, stationery, car- peting, druggeting, cutlery, foreign medicines, and glass and crystal ware. The above commodities pay no import or export duty; but, if transported into the interior, will, with the exception of personal baggage, gold and silver bullion, and foreign coins, pay a transit duty at the rate of two and a half per cent, ad valorem. A freight or part freight of duty-free goods (personal baggage, gold and silver bullion, and foreign coins excepted) will render the vessel carrying them, though no other cargo be on board, liable to tonnage dues. Rule III. . . Contraband goods. Contraband. " < Import and export trade is alike prohibited in the following articles : Gunpowder, shot, cannon, fowling-pieces, rifles, muskets, pistols, aud all other muni- tions and implements of war, and salt. Rule IV. weijkn "J ™ a - Weiqhts and measures. Bures. In the calculations of the tariff the weight of a pecul of one hundred catties is held to be equal to one hundred aud thirty-three and one-third pounds avoirdupois, and the length of a chang of ten Chinese feet to be equal to one hundred and forty-one English inches. One Chinese c/Vift is held to equal fourteen and one-tenth inches English, and four yards English, less three inches, to equal one chang. Rule V. Begarding certain commodities heretofore contraband. Restrictions re- xhe restrictions affecting trade in opium, cash, grain, pulse, sulphur, brimstone, saltpetre, and spelter, are relaxed under the following con- ditions : 1. Opium will henceforth pay thirty taels per pecul import duty. The importer will sell it only at the port. It will be carried into the interior by Chinese only, and only as Chinese property ; the foreign trader will not be allowed to accompany it. The provision' of the treaty of Tien-tsin, conferring privileges by virtue of the most favored clause, so far as respects citizens of the United States going into the interior to trade or paying transit duties, shall not extend to the article of opium, the transit duties on which will be arranged as the Chinese Government see fit; nor in future revisions of the tariff is the same rule of revision to be applied to opium as to other goods. 2. Copper cash. — The export of cash to any foreign port is prohibited ; but it shall be lawful for citizens of the United States to 'ship it at one of the open ports oppercasi. of China to another on compliance with the following regulation : The shipper shall give notice of the amount of cash he desires to ship, and the port of its destination, and shall bind himself, either by a bond with two sufficient sureties, or by depositing such otheijiSecurity as may be deemed by the customs satisfactory, to return, ■within six months from the date of clearance, to the collector at the port of shipment, tlie certificate issued by him, with an acknowledgment {hereon of the receipt of the cash at the port of destination by the collector at that port, who shall thereto affix his seal; or, failing the production of the certificate, to forfeit a sum equal in value to the cash shipped. Cash will pay no duty inwards or outwards, but a freight, or part freight of cash, though no other cargo be on board, will render the vessel carrying it liable to tonnage dues. 3. The export of rice and all other grains whatsoever, native or foreign, no matter Rice and u.er rains wnere grown or whence imported, to any foreign port, is prohibited; but ,er grains. tl)e8e commodities may be carried by citizens of the United States from ouo of the open ports of China to another, under the same conditions in respect of secu- rity as cash, on payment at the port of shipment of the duty specified in the tariff. CHINA, 1858. 163 No import, duty shall be levyable upon rice or grain, but a freight or part freight of rice or grain, though no other cargo be on board, will render the vessel importing it iiable to tonnage dues. 4. Pulse.— The export of pulse and beau cake from Tang-Chau, and Nin-Chwang, under the American flag is prohibited. From any of the other open ports they may be shipped, on payment of the tariff duty, either to other ports " "" *" """ '" of China or to foreign countries. 5. Saltpetre, sulphur, brimstone, and spelter, being deemed by the Chinese to be munitions of war, shall not be imported by citizens of the United States . & - save at the requisition of the Chinese Government, or for sale to Chinese a tJ " Jler ' S11 p ur ' c ' duly authorized to purchase them. No permit to land them shall be issued until the customs have proof that the necessary authority has been given to the purchaser. It shall not be lawful for citizens of the United States to carry these commodities up the Yang-tsz-Kiang, or into any port other than those open on the sea-board, nor to accom- pany them into the interior on behalf of Chinese. They must be sold at the ports only, aud, except at the pons, they will be regarded as Chinese property. Infractions of the conditions, as above set forth, under which trade in opium, cash, grain, pulse, sulphur, brimstone, saltpetre, aud spelter may be hencefor- ward carried on, will he punishable by confiscation of all the goods concerned. Bole VI. Liability of vessels entering port. For the prevention of misunderstanding, it is agreed that American vessels must be reported to the Consul within twenty-four hours, counting from the time the vessel comes within the limits of the port, and that the same rule be Jjj °™" e E " g ji^"' applied to the forty-eight hours allowed by art. 19 of the treaty to re- main in port without payment of tonnage dues. The limits of the ports shall be defined by the customs, with all consideration for the convenience of trade, compatible with due protection of the revenue ; Limits „r rt „ also, the limits of the anchorages within which lading and discharging are permitted by the customs, and the same shall be notified to the Consuls for public information. Eule VII. Transit dues. It is agreed that the amount of transit dues legally levyable upon merchandise im- ported or exported shall be one-half the tariff duties, except in the case of Tim.it d»e B the. duty free goods liable to a transit duty of two and a half per cent. ad valorem, as provided in No. 2 of these rules. Merchandise shall be cleared of its transit dues under the following regulations : In the case of imports. Notice being given' at the port of entry from which the im- ports are to be forwarded inland of the nature a:id quantity of the goods, lm rt5 the ship from which they have been landed, and the place inland to which they are bound, with all other necessary particulars, the collector of customs shall, on due inspection made, and on receipt of the transit duty due, issue a transit duty certifi- cate. This must be produced at every barrier station, and viseed. No further duty will be levyable upon imports so certificated, no matter how distant the place of their destination. Iu the case of exports. Produce purchased by a citizen of the United States in the interior will be inspected and taken account of at the first barrier it E ipor«. passes on its way to the port of shipment. A memorandum showing the amount of the produce, and the port at which it is to be shipped, will be deposited there by the person in charge of the produce. He will then receive a certificate, which must be exhibited and viseed at every barrier on his way to the fort of shipment. On the arrival of the produce at the barrier nearest the port notice must be given to the customs at the port, and the transit dues due thereon being paid it will be passed. On exportation the produce will pay the tariff duty. . . Any attempt to pass goods inward or outward, otherwise than in compliance with the rule here laid down, will reader them liable to confiscation. Unauthor- ized sale in tratisitn of goods that have been entered as above for a port tion ™ , he ,e JnJ^ will render them liable to confiscation. Any attempt to pass goods in excess of the quantity specified in the certificate will render all the goods of the same denomination named iu the certificate liable to confiscation. Permission to export produce which cannot be proved to have paid its transit dues will be refused by the .customs until the transit dues shall have been paid. 164 TREATIES AND CONVENTIONS. Rule VIII. Trade with the capital. • Tradowiihtho C.-U* u ig agreed that no citizen of the United States shall have the privi- lege of entering the capital city of Peking for the purposes of trade. Ror.is IX. Abolition of the meltage fee. It is agreed that the percentage of one tael, two maoe hitherto charged, in excess of MeiugBfoe. duty payments, to defray the expenses of melting by the Chinese Gov- ernment, shall no longer be levied on citizens of the United States. Rule X. Collection of duties under one system at all ports. It being, by treaty, at the option of the Chinese Government to adopt what means collection or duties a PP ear t° it l> es t suited to protect its revenue accruing ou American trade, it is agreed that one uniform system shall be enforced at every port. > The high officer appointed by the Chinese Government to superintend foreign trade ■will accordingly, from time to time, either himself visit, or will send a deputy to visit, the different ports. The said high officer will be at liberty of his own choice, independ- ently of the suggestion or nomination of any American authority, to select any citizen smuBBiinu °* *' le United States he may see tit to aid him in the administration of the customs revenue, in the prevention of smuggling, in the definition oij port boundaries, or in discharging the duties of harbor-master; also in the distribution , ■„.,, .. . ,,„ of lights, buoys, beacons, and the like, the maintenance of which shall be provided tor out of the tonnage dues. The Chinese Government will adopt what measures it shall find requisite to prevent smuggling up the Yang-tsz-Kiang, when that river shall be open to trade. [seal.] WILLIAM B. REED. CONVENTION BETWEEN THE UNITED STATES AND CHINA FOR THE ADJUSTMENT OP CLAIMS, CONCLUDED NOVEMBER 8, 1H58. . Ill order to carry into effect the convention made at Tien-tsin by the preamble. High Commissioners and Plenipotentiaries respectively rep- resenting the United States of America and the Ta Tsing Empire, for the satisfaction of claims of American citizens, by which it was agreed that one-fifth of all tonnage, import and export duties, payable on American ships and goods shipped in American vessels at the ports of Canton, Shanghai, and Fuh-chau. to an amount not exceed- ing six; hundred thousand taels, should be applied to that end ; and the Plenipotentiary of the United States, actuated by a friendly feeling to- wards China, is willing, on behalf of the United States, to reduce the amount needed for such claims to an aggregate of five hundred thousand taels, it is now expressly agreed by the high contracting parties in the form of a supplementary convention, as follows: Article I. That ou the first day of the next Chinese year the collectors of Liamtaion or an customs at tne said three ports shall issue debentures to cStaE"* '™ m " i0 °" tQe amount of five hundred thousand taels, to be delivered to such persons as may be named by the Minister or chief diplomatic officer of the United States in China, and it is agreed that the amount shall be distributed as follows: Three hundred thousand taels at Canton, one hundred thousand taels at Shanghai, and one hundred thousand taels at Fuh-chau, which shall be received in payment of one_ CHINA, 1868. 165 fifth of the tonnage, export and import duties on American ships, or goods in American ships at the said ports, and it is agreed that this amount shall be in full liquidation of all claims of American citizens at the. various ports to this date. In faith whereof the respective Plenipotentiaries of the United States of America and of the Ta Tsing Empire, that is to say, on the part of the United States, William B.Beed, Envoy Extra- Con,ract, " 8pa "' ordinary and Minister Plenipotentiary, and on the part of the Ta Tsing Empire, Kweiliang, a member of the Privy Council, Captain-General of the Plain White Banner Division of the Manchu Bannermen and Super- intendent of the Board of Punishments ; and Hwashana, Classical Eeader at Banquets, President of the Board of Civil Office, Captaiu-General of the Bordered Blue Banner Division of the Chinese Bannermen, both of them Plenipotentiaries, with Ho-Kwei-tsing, Governor-General of the two Kiang Provinces, President of the Board of War, and Guardian of the Heir- Apparent; Mingshen, President of the Ordnance Office of the Imperial Household, with the Insignia of the Second Grade; and Twan, a titular President of the Fifth Grade, member of the Establishment of the General Council, and one of the junior under Secretaries of the Board of Punishments, all of them special Imperial Commissioners deputed for the purpose, have signed and sealed these presents. Done at Shanghai, this eighth day of November, in the year of our Lord one thousand eight hundred and fifty-eight, and of the Independ- ence of the United States the eighty-third, and in the eighth year of Heinfung, the tenth month and third day. [seal.] WILLIAM B. EEED. /-KWEILIANG. \ HWASHANA. [seal.] their trials at law ; and such citizens or agents shall have free opportunity to be present at the decisions and sentences of the tribunals, in all cases which may concern them, and likewise at the taking of all examinations and evidence which may be exhibited in the said trials. Aeticle XI. It is likewise agreed that the most perfect and entire security of con- science shall be enjoyed by the citizens of both the contract- ubmrorrainiom ing parties in the countries subject to the jurisdiction of the belirf Bu " ala - one and the other, without their being liable to be disturbed or molested on account of their religious belief, so long as they respect the laws and establised usages of the country. Moreover, the bodies of the citizens of one of the contracting parties, who may die in the territories of the other, shall be buried in the usual burying grounds, or in other decent and suitable places, and shall be protected from violation or disturbance. 172 TREATIES AND CONVENTIONS. Article XII. It shall be lawful for the citizens of the United States of America and of the Republic of Colombia to sail with their ships with all Noulra " tnide ' manner of liberty and secunity, no distinction being made ■who are the proprietors of the merchandises laden thereon, from any port to the places of those who now are or hereafter shall be at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandises before mentioned, and to trade with the same liberty and security from the places, ports, and havens, of those who are enemies of both or either party, without any op[p]osition or disturbance whatsoever, not only directly from the places of the enemy, before mentioned, to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one power or under several. And it is hereby stipulated that free ships shall also give' freedom to goods, and that everything shall be deemed to be free and exempt which shall be found on board the ships belonging to the citizens of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either, contra- band goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons who are on board a free ship, with this effect, that, although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are officers or soldiers, and in the actual service of the enemies : Provided, however, and it is hereby agreed, that the stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as applyiug to those powers only who recognized this prinei- . pie; but if either of the two contracting parties shall be at war with a third, and the other neutral, the flag ofi the neutral shall cover the property of enemies whose governments 'acknowledge this principle, and not of others. Article Sill. It is likewise agreed that in the case where the neutral flag of one Neutmi n» °^ ^e contracting parties shall protect the property of the enemies of the other, by virtue of the above stipulation, it shall always be understood that the neutral property found on board such enemies' vessels shall be held and considered as enemies' property,, and, as such, shall be liable to detention and confiscation, except such property as was put on board such vessel before the declaration of war, or even afterward, if it were done without the knowledge of it ; but the contracting parties agree, that two months having elapsed after the. declaration, their citizens shall not plead ignorance thereof. , On the contrary, if the flag of the neutral does not protect the enemy's property, in that case the goods and merchandise, of the neutral, embarked in such enemy's ship, shall be free. Article XIV. This liberty of navigation and commerce shall extend to all kinds of merchandises, excepting those only which are distinguished by the name of contraband; ajnd under this name of con- traband or prohibited goods shall be comprehended; — First. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lanees, spears, hal- COLOMBIA, 1824. 173 berds, and granades, bombs, powder, matches, balls, and all other things belonging to the use of these arms ; Secondly. Bucklers, helmets, breast-plates, coats of mail, infantry belts, and clothes made up in the form and for a military use ; Thirdly. Cavalry belts, and horses with their furniture ; Fourthly. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of dny other materials manufactured, pre- pared, and formed expressly to make war by sea or land. Article XV. All other merchandises and things not comprehended in the articles of contraband explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free and lawful commerce, so that they may be carried aiid transported in the freest manner by both the contracting parties, even to places belonging to an enemy, excepting only those places which are at that time besieged or blocked up ; and, to avoid all doubt in this particular, it is declared that those places only are besieged or blockaded which are actually at- tacked by a belligerent force capable of preventing the entry of the neutral. ' Article XVI. The articles of contraband, before enumerated and classified, which may be found in a vessel bound for an enemy's port, shall VmclB carrriog be subject to detention and confiscation, leaving free the rest cc,Mriibrad - of the cargo and the ship, that the owners may dispose of them as they see proper. No vessel of either of the-two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great and of so large a bulk that they cannot be received on board the capturing ship without great inconvenience; but in this and in all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment accord- ing to law. Article XVII. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is Ve ,„, 9 trw!in , besieged, blockaded, or invested, it is agreed that every ves- wit1 ' blocltilde "° n °- sel so circumstanced may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from -the commanding officer of the blockading forces, she shall again attempt to enter ; but she shall be permitted to go to any other port or place, she shall think proper. Nor shall any vessel of either, that may have entered into such port before the same was actually besieged, blockaded, or in- vested by the other, be restrained from quitting sucn place with her cargo, nor,. if found therein after the reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. Article XVIII. In order to prevent all kind of disorder in the visiting and examination of the ships and cargoes of both the contracting parties on VMlmise „ cb of the high seas, they have agreed mutually that whenever a MU,ral ve »" eK vessel of war, public or private, shall meet with a neutral of the other 174 TREATIES AND CONVENTIONS. contracting party, the first shall remain out of cannon shot, and may send its boat with two or three men only in order to execute the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment, for which the commanders of the said armed ships shall be responsible with their persons and property ; for which purpose the commanders of said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damages they may commit. And it is expressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting her papers, or for any other purpose whatever. Article XIX. To avoid all kind of vexation and abuse in the examination of the se»-ieuers for papers relating to the ownership of the vessels belonging to >»,.trai v esa eis. tne c iti zeiJS of the two contracting parties, they have agreed, and do agree, that in case one of them should be engaged in war, the ships and vessels belonging to the citizens of the other must be fur- nished with sea-letters or passports, expressing the name, property, and bulk of the ship, as also the name and place, of habitation of the master or commander of said vessel, in order that it may thereby appear that the ship really and truly belongs to the citizens of one of the parties; they have likewise agreed that such ships being laden, besides the said sea-letters or passports, shall also be provided with certificates contain- ing the several particulars of the cargo, and the place whence the ship sailed, so that it may be known whether any forbidden or contraband goods be on board the same ; which certificates shall be made out by the officers of the place whence the ship sailed in the accustomed form ; with- out which requisites said vessel may be detained to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be satisfied or supplied by testimony entirely equivalent. Article XX. It is further agreed, that the stipulations above expressed relative to Neural vessels the visiting and examination of vessels, shall apply only to under convov. those which sail without convoy ; and when said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protectiou belong to the nation whose flag he carries, and, when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient. Article XXI. It is further agreed, that in all cases the established courts for prize causes, in the country to which the prizes may be conducted, shall alone take cognizance of them. And whenever such tribunal of either party shall pronounce judgment against any vessel or goods, or property claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motive on which the same shall have been founded, and an authenticated copy of the sentence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of said vessel, without any delay, he paying the legal fees for the same. COLOMBIA, 1824. 175 Article XXII. Whenever one of the contracting parties shall be engaged in war with another State, no citizen of the other contracting partv shall • • t < . x» I- , i * ** Employment or accept a commission, or letter ot marque, tor the purpose of re«°'« in emmr». assisting or cooperating hosti lei y with the said enemy against ',"" the said party so at war, under the pain of being treated as a pirate. Artice XXIII. If by any fatality, which cannot be expected, and which God forbid, the two contracting parties should be engaged in a war with Doraici , 8j alie „ s each other, they have agreed, and do agree, now for then, * «*">*«>?■ that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of- one year to those who dwell in the interior, to arrange their business and transport their effects wherever they please, giving to them the safe conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens of all other occupations who may be established in the territories or dominions of the United States, and of the Eepublic of Colombia, shall be respected and main- tained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. Article XXIV. t Neither the debts due from individuals of the one nation to the indi- viduals of the other, nor shares, nor moneys, which they may Bebt , ,„ timo of have in public funds, nor in public or private banks, shall " ar - ever, in any event of war or of national difference, be sequestered or confiscated. Article XXV. Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official inter p rivi i w »„r mo.t course, have agreed, and do agree, to grant to the envoys, f,,vored " atio ° 3 - ministers, and other public agents the same favors, immunities, and exemptions which those of the most favored nation do or shall enjoy; it being understood that whatever favors, immunities, or privileges the United States of America or the Eepublic of Colombia may find it proper to give to the ministers and public agents of any other power, shall by the same act be extended to those of each of the contracting parties. Article XXVI. To make more effectual the protection which the United States and the Eepublic of Colombia shall afford in future to the navi- gation and commerce of the citizens of each other, they agree to receive and admit Consuls and Vice Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation ; each contracting party, however, remaining at liberty to except those ports and . places in which the admission and residence of such Consuls may not seem convenient. 176 TBEATIES AND CONVENTIONS. Article XXVII. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities which belongto them by their public character, theyshall, before entering on the exercise of their functions, exhibit their commis- sion or patent in due form to the Government to which they are accred- ited; and having obtained their exequatur, they shall be held and con- sidered as such by all the authorities, magistrates, and inhabitants in the consular district in which they reside. Article XXVIII. It is likewise agreed that the Consuls, their secretaries, officers, and ■ Exemption of c uo . persons attached to'the service of Consuls, they not being e °' 8 - citizens of the country in which the Consul resides, shall be exempt from all public service, and also from all kind of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce, or their property, to which the citizens and in- habitants, native and foreign, of the country in which they reside are subject, being in everything besides subject to the laws of the respective States. The archives and papers of the Consulates shall be respected in- violably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. Article XXIX. The said Consuls shall have power to require the assistance of the con^' privilege authorities of the country for the arrest, detention, and.cus- astodeaeners. tody of deserters from the public and private vessels of their country, and for that purpose they shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers, of the vessel's or ship's roll, or other public documents, that those men were part of the said crews; and on this demand so proved, (saving, however, where the con- trary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of the said Consuls, and may be put in the public prisons at the request and expense of those who re- claim them, to be sent to the ships to which they belonged, or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. Article XXX. For the purpose of more effectually protecting their commerce and consuls con«en- navigation, the two contracting parties do hereby agree, as , '°"- soon hereafter as circumstances will permit them, to form a consular convention, which shall declare specially the powers and immu- nities of the Consuls ahd Vice-Consuls of the respective parties. Article XXXI. The United States of America and the Eepublic of Colombia, desiring t o make as durable as circumstances will permit the relations which are o be established between the two parties by virtue of this treaty, or NEW GRANADA, 1S45. 177 general convention of peace, amity, commerce, and navigation, have declared solemnly, and do agree to the following points : First. The present treaty shall remain in full force and virtue for the terra of twelve years, to be counted from the day of the exchange of the ratifications, in all the parts relating to J >urat " ,no " rwr - coramerce and navigation; and in all those parts which relate to peace and friendship, it shall be permanently and perpetually binding on both powers ; Secondly. If any one or more of the citizens of eifcher party shall infringe any of the articles of this treaty, such citizen shall be held per- Infri „ g< , meilt of sonally responsible for the same, and the harmony and good troMy - ° correspondence between the two nations shall not be interrupted thereby, each party engaging in no way to protect the offender, or sanction such violation ; Thirdly. If, (what, indeed, cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated or infringed . in any other way whatever, it is expressly stipulated that neither of the contracting parties will order or authorize any acts of reprisal, nor declare war against the other, on complaints of injuries or damages, until the said party considering itself offended shall first have presented to the other a statement of such injuries or damages, verified by competent proof, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed ; Fourthly. Nothing in this treaty contained shall, however, be construed or operate contrary to former and existing public treaties with other Sov- ereigns or States. The present treaty of peace, amity, commerce, and navigation shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the Eepublic of Colombia, with the consent and appro- bation of the Congress of the same, and the ratifications shall be exchanged iu the city of Washington within eight months, to be counted from the date of the signature hereof, or sooner, if possible. In faith whereof, we, the Plenipotentiaries of the United States of America and\of the Eepublic of Colombia, have signed and sealed these presents. Done in the city of Bogota, on the third day of October, in the year of our Lord one thousand eight hundred and twenty-four, in the forty- ninth year of the Independence of the United States of America, and the fourteenth of that of the Eepublic of Colombia. SEAL. SEAL. EICHARD CLOUGH ANDERSON, Jk. PEDRO GUAL. NEW GRANADA, 1846. TREATY WITH NEW GRANADA CONCLUDED DECEMBER 12, 1346; PRO- CLAIMED JUNE 12, 1848. [On the 23d of April, 1867, the Minister at Washington of the United States of Colombia submitted to the Secretary of State the draught of a new treaty, modifviugin some particulars that of December 12, 1848. See second ana third clauses of Article XXXV infra.] ■ 12 178 TREATIES AND CONVENTIONS. A general treaty of peace, amity, navigation, and commerce between the United states of America and the Republic of New Granada. The United States of North America and the Republic of New Granada, in South America, desiring to make lasting and firm the friendship and good understanding which happily exist between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall in future be religiously observed between each other, by means of a treaty, or general convention of peace and friendship, commerce and navigation. iPor this desirable object the President of the United States of America has conferred full powers on Benjamin A. Bidlack, a citizen of the said States, and their Charge" dAffaires in Bogota; and the President of the Republic of New Granada has conferred similar and equal powers upon Manuel Maria Mallarino, Secretary of State and Foreign Relations; who, after having exchanged their said full powers in due form, hare agreed to the following articles : Artcle I. There shall be a perfect, firm, and inviolable peace and sincere friend- <><«» declared. slli P between the United States of America and the Repub- lic of New Granada, iu all the extent of their possessions and territories, and between their citizens respectively, without distinction of persons or places. Article IL The United States of America and the Republic of New Granada, Reciprocity or desiring to live in peace, and harmony with all the nations com™™.,! i„vo„,. f tJie ear th,by means of a policy frank and. equally friendly with all, engage mutually not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not imme- diately become common to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same compen- sation, if the concession was conditional. Article III. The two high contracting parties, being likewise desirous of placing Domiciled aii 6 ,.»' the commerce and navigation of their respective countries privilege*. ou t h e iib era i basig f perfect equality and reciprocity, mu- tually agree that the citizens of each may frequent all the coasts and countries of the other, and reside and trade there, in all kinds of pro- duce, manufactures, and merchandise ; and that they shall enjoy all the rights, privileges, and exemptions, in navigation and commerce, which native citizens do or shall enjoy, submitting themselves to the laws, decrees, and usages there established, to which native citizens are sub- jected. -But it is understood that this article does not include the coast- ing trade of either country, the regulation of which is reserved by the parties, respectively, according to their own separate laws. Article IV. They likewise agree that whatever kind of produce^ manuafcture, or merchandise of any foreign country can be, from time to Reciprocity in inn , . , /» n • * i • , . j ■,,- % . , „. * nortaud tonnaecdu- time, lawfully imported into the United States in their own vessels, may be also imported in vessels of the Republic of New Granada; and that no higher or other duties upon the tonnage of NEW GRANADA, 1846. 179 • the vessel and her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And, in like manner, that whatever kind of produce, manufactures, or merchandise of any foreign country can be from time to time lawfully imported into the Republic of New Granada iu its own vessels, may be also imported iu vessels of the United States; and that no higher or other duties upon the, tonnage of the vessel and her cargo shall be levied or collected, whether the importation be made in vessels of the on© country or the other. And they further agree, that whatever may be lawfully exported or re-exported from the one country in its own vessels to any . L .1.1 i j_i Drawback*. foreign country, may in like manner be exported or re-ex- ported in the vessels of the other country ; and the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of the Eepublic of New Granada. Article V. No higher or other duties shallbe imposed on the importation into the United States of any articles the produce or manufacture of Custonu iM .^ the Eepublic of New Granada, and^no higher or other duties shall be imposed on the importation into the Eepublic of New Granada of any articles the produce or manufactures of the United States, than are or shall be payable on the like articles, being the produce or manu- factures of any other foreign country ; nor shall any higher or other duties or charges be imposed, iu either of the two countries, on the exportation of any articjes to the United States or to the Eepublic o New Granada, respectively, than such as are, payable on the exporta- tion of the like articles to any other foreign country ; nor shall any pro- hibition be imposed On the exportation or importation of any articles the produce or manufactures of the United States or of the Eepublic of New Granada, to or from the territories of the United States or to or from the territories of the Eepublic of New Granada, which shall not equally extend to all other nations. Article VI. In order to prevent the possibility of any misunderstanding, it is hereby declared that the stipulations contained in the three preced- ing articles are to their full extent ap[p]licable to the vessels cuwa^ciSTt,' of the United States and their cargoes arriving in the ports ' of New Granada, and reciprocally to the vessels of the said Eepublic of New Granada and their cargoes arriving in the ports of the United States, whether they proceed from the ports of the country to which they respectively belong, or from the ports of any other foreign country ; and in either case, no discriminating duty shall be imposed or collected in the ports of either country on said vessels or their cargoes, whether the same shall be of native or foreign produce or manufacture. Article VII. It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of both countries, VrMeaea & #„, to manage, by themselves or agents, their own business in "">•*»»<*■ all the ports and places subject to the jurisdiction of each other, as well 180 TREATIES AND CONVENTIONS. with respect to the consignments and sale of their goods and merchan- dise by wholesale or retail, as with respect to the loading, unloading, and sending off their ships; they being, in all these cases, to be treated as citizens of the country in which they reside, or at least to be placed on an equality with the subjects or citizens of the most favored nation. Article VIII. The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained, with their vessels, cargoes, mer- chandise, or effects, for any military expedition, nor for any public or private purpose whatever, without allowing to those interested an equitable and sufficient indemnification. Article IX. Whenever the citizens of either of the contracting parties shall b& forced to seek refuge or assyluminthe rivers, bays, ports, or a„i™. dominions of the other with their vessels, whether merchant or of war, public or private, through stress of weather, pursuit of pirates or enemies, or want of provisions, or water, they shall be received and treated with humanity, giving to them all favor and protection for repair- ing their ships, procuring provisions, and placing themselves in a situa- tion to continue their voyage without obstacle or hindrance of any kind, or the payment of port fees, or any charges other than pilotage, except such vessels continue in port longer than forty-eight hours, count- ing from the time they cast anchor in port. Article X. All the ships, merchandise, and effects, belonging to the citizens of one of the contracting parties, which may be captured by pirates, whether within the limits of its jimsdictiou or on the high seas, and may be carried or found in the rivers, roads, bays, ports, or do- minions of the other, shall be delivered up to the owners, they proving in due and proper form their rights before the competent tribunals ; ii being well understood that the claim sh.all be made within the term of one year by the parties themselves, their attorneys or agents, of their respective governments. Article XI. When any vessels belonging to the citizens of either of the contracting parties shall be wrecked or foundered, or shall suffer any damage on the coasts, or within the dominions of the other, there shall be given to them all assistance and protection, in the same manner which is usual and customary with the vessels of the nation where the damage happens ; permitting them to unload the said vessel, if necessary, of its merchandise and effects, without exacting for it any duty, impost, or contribution whatever, unless they may be destined for consumption or sale in the country of the port where they may have been disembarked. Article XII. The citizens of each of the contracting parties shall have power to dis- u.ta e. P ose °^ tne ' r personal goods or real estate within the juris- diction of the other, by sale, donation, testament, or other- wise; and their representatives, being citizens of the other party, shall NEW GKANADA, 1846. 181 succeed to their said personal goods or real estate, whether by testa- ment or ab intestate, and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein said goods are shall be subject to pay in like cases. Aeticle XIII. Both contracting parties promise and engage formally to give their special protection to the persons and property of the citi- * * ,. . , . /■ ,1 i. i ■ i • .-i . Protection; judi- eensof each other, ot all occupations, who may be in the ter- ;^ m ,»^^« e* ritories subject to the jurisdiction of one or the other, tran- sient or dwelling therein, leaving open and free to them the tribunals of justice for their j udicial recourse, on the same terms which are usual and customary with the natives or citizens of the country ; for which purpose, they may either appear in proper person, or employ in the prosecution or defense of their rights such advocates, solicitors, notaries, agents, and factors as they may judge proper in all their trials at law ; and such citizens or agents shall have free opportunity to be present at the deci- sions or sentences of the tribunals, in all cases which may concern them, and likewise at the taking of all examinations and evidence which may be exhibited in the said trials. Aeticle XIV. The citizens of the United States residing in the territories of the Republic of New Granada shall enjoy the most perfect and Libertsr of a „. entire security of conscience, without being annoyed, pre- B " a '' a ' vented, or disturbed on account of their religious belief. Neither shall they be annoyed, molested, or disturbed on the proper exercise of their religion in private houses, or on the chapels or places of worship appointed for that purpose, provided that in so doing they observe the decorum due to divine worship and the respect due to the laws, usages, and customs of the country. Liberty shall also be granted to bury the citizens of the United States, who may die in the territories of the Eepublic of New Granada, in convenient and adequate places, to be appointed and established by themselves for that purpose, with the knowledge of the local authorities,. or in such other places of sepulture as may be chosen by the friends of the deceased ; nor shall the funerals or sepulchres of the dead be disturbed in anywise, nor upon any account. In like manner, the citizens of New Granada shall enjoy, within the Government and territories of the. United States, a perfect and unre- strained liberty of conscience, and of exercising their religion, publicly or privately, within their own dwelling-houses, or on the chapels and places of worship appointed for that purpose, agreeably to the laws, usages, and customs of the United States. Aeticle XV. It shall bo lawful for the citizens of the United States of America and of the Kepublic of New Granada to sail with theirsbips with HeutralJ , [ , rM1COT(k all manner of liberty and security, no distinction being made who are the proprietors of the merchandise laden thereon, from any port to the places of those who now are or hereaiter shall be at enmity with either of the contracting parties. It shall likewise be lawful for the citi- sens aforesaid to sail with the ships and merchandise before mentioned, 182 TREATIES AND CONVENTIONS. and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of both or either party, without any Opposition or disturbance whatsoever, not only directly from the places of the enemy before mentioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one power or under several. And it is hereby stipulated that free ships shall also give freedom to goods, and that everything which shall be found on board the ships belonging to the citizens of either of the contracting parties shall be deemed to be free and exempt, although the whole lading or any part thereof should appertain to the enemies of either, (contraband goods being always excepted.) It is also agreed, in like manner, that the same liberty shall be extended to persons who are on board a free ship, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship unless they are officers and soldiers, and in the actual service of the enemies : Provided, however, and it is hereby agreed, that the stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those powers only who recognize this principle ; but if either of the two contracting parties shall be at war with a third, and the other remains neutral, the flag of the neutral shall cover the property of enemies whose governments acknowledge this principle, and not of others. Article XVI. It is likewise agreed that, in the case where the neutral flag of one of jr<™trai n, 8 tne contracting parties shall protect the property of the ene- mies of the other, by virtue of the above stipulation, it shall always be understood that the neutral property found on board such ene- my's vessels shall be held and considered as enemy's property, and as such shall be liable to detention and confiscation, except such property as was put on board such vessel before the declaration of war, or even afterward, if it were done without the knowledge of it; but the con- tracting parties agree that, two months having elapsed after the declara- tion of war, their citizens shall not plead ignorance thereof. On the con- trary, if the flag of the neutral does not protect the enemy's property, in that case the goods and merchandise of the neutral embarked on such enemy's ship shall be free. Aeticle XVII. i This liberty of navigation and commerce shall extend to all kinds of el.t ra ba n i merchandise, excepting those only which are distinguished by the name of contraband ; and under this name of contra- band, or prohibited goods, shall be comprehended — 1st. Gannons, mortars, howitzers, swivels, blunderbusses, muskets, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms. 2d. Bucklers, helmets, breast-plates, coats of mail, infantry belts, and clothes made up in the form and for the military use. 3d. Cavalry belts, and horses with their furniture. 4th. And generally all kind of arms and instruments- of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed expressly. to make war by sea or land. 6th. Provisions that are imported into a besieged or blockaded place. NEW GR49UDA, 1846. 183 Article XVIII. All other merchandise, and things not comprehended in the articles of contrabandj'explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free and tr**?r ASS lawful commerce, so that they may be carried, and trans- P ° rts ' ported in the freest manner by the citizens of both the contracting par- ties, even to places belonging to an enemy, excepting those places only which are at that time besieged or blockaded; and, to avoid all doubt in this particular, it is declared that those places only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral. Article XIX. The articles of contraband, before enumerated and classified, which may be found in a vessel bound for an enemy's port, shall be subject to detention and confiscation, leaving free the rest u*™! cS«£ of the cargo and the ship, that the owners may dispose of ba ° i them as they see proper. !No vessel of either of the two nations shall be detained on the high seas on account of having on board articles of con- traband, whenever the master, captain, or supercargo of said vessels will deliver up the articles of contraband to the captor, unless the quan- tity of such articles be so great and of so Jarge a bulk that they cannot be received on board the capturing ship without great inconvenience; but in this and all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port for trial and judg- ment according to law. Article XX. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is besieged, or blockaded, or invested, it is agreed that every Blockaded ports. vessel so circumstanced may be turned away from such port or place, but shall not be detained, nor shall any part of her. cargo, if not con- traband, be confiscated unless, after warning of such blockade or in- vestment from the commanding officer of the blockading forces, she shall again attempt to enter; 'but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel that may have entered into such port before the same was actually besieged", blockaded, or invested by the other, be restrained from quitting thai place with her cargo; nor, if found therein after the reduction and sur- render, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. Article XXI. In order to prevent all kind of disorder in the visiting and examination of the ships and cargoes of both the contracting parties on viiit o! , Mlra! the high seas, they have agreed mutually that whenever a ™ ae,s ' national vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain out of cannon shot, unless in stress of weather, and may send its boat with two or three men only, in order to execute the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extor- tion, violence, or ill-treatment, for which the commanders of said armed 184 TREATIES AND 'CONVENTION'S. sliips shall be responsible with their persons and property; for which purpose the commanders of private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damages they may commit. And it is expressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting her papers, or for auy other purpose whatever. Article XXII. To avoid all bind of vexation and abuse in the examination of the papers sea-ietteraintime relating to the ownership of the vessels belonging to the citi- <,f »ar. - zens f ^jj e two contracting parties, they have agreed, and do hereby agree, that in case one of thein should be engaged in war, the ships and vessels belonging to the citizens of the other must be furnished with sea-letters or passports, expressing the name, property, and bulk of the ship, as also the name and place of habitation' of the master and commander of the said vessel, in order that it may thereby appear that the ship really and truly belongs to the citizens of one of the parties; they have likewise agreed that when such ships have a cargo, they shall also be provided, besides the said sea-letters or passports, with certifi- cates containing the several particulars of the cargo and the place whence 'the ship sailed, so that it may be known whether any forbidden or con- traband goods are on board the same; which certificates shall be made out by the officers of -the place^ whence the ship sailed, in the accustomed form ; without which requisites said vessel may bedetained, to be adjudged by the competent tribunal, and may be declared lawful prize, unless the said defect shall be proved to be owing to accident and shall be satis- fied or supplied by testimony entirely equivalent. Article XXIII. It is further agreed that the stipulations above expressed relative to ueatrai T»»to the visiting and examination of vessels shall apply only to .oder convoy. those which sail without convoy ; and when said vessels shall be under convoy, the verbal declaration of the commander of, the con- voy, on his word of honor, that the vessels under his, protection belong to the nation whose flag he carries, and when they may be bound to an enemy's port that they have no contraband goods on board, shall be sufficient. Article XXIV. It is further agreed that in all cases the established courts for prize causes, in the country to which the prizes may be conducted, shall alone take cognizance of them. And whenever such tribunals of either partj T shall pronounce judgment against any vessel, or goods, or property claimed by the citizens of the other party, the sen- tence or decree shall mention the reasons or motives upon which the same shall have been founded, and an authenticated copy of the sen- tence or decree and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of said vessel without any delay, be paying the legal fees for the same. Article XXV. For the purpose of lessening the evils of war, the two high contract- ing parties further agree that, in case a war should uufor- tTmS r 'to™omS tunately take place between them, hostilities shall only be carried on by persons duly commissioned by the Govern- ment, and by those under their orders, except in repelling an attack or invasion, and in the defense of property. HEW GRANADA, 1843. 185 ARTICLE XXVI. Whenever one of tho contracting parties shall be engaged in war with another Stnte, no citizen of the other contracting party .shall citlieiu> ia Berrice accept a commission or letter of marque for the purpose of of "° 8my - assisting or co-operating hostilely with the said enemy against the said parties so at war, under the pain of being treated as a pirate. Article XXVII. If by any fatality, which cannot be expected, and God forbid, the two contracting parties should be engaged in a war with each other, they have agreed and do agree now for then, that there »«»'"SiJuSrf shall be allowed the term of six mouths to the merchants ""*' residing on the coasts and in the ports' of each other, and the term of one year to those who dwell in the interior, to arrange their business and transport their effects wherever they please, giving to them the safe- conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens of all other occupations who may be established in the territories or dominions of the United States or of New Granada, shall be respected and maintained in tho full enjoyment of their personal liberty and property, unless their par- ticular conduct shall cause them to forfitt [forfeit] this protection, which, in consideration of humanity, the contracting parties engage to give them. Article XXVIII. Neither the debts due from individuals of tho one nation to the indi- viduals of the other, nor shares, nor money, which they may Dcbt , „ xampt have in public funds nor in public or private banks, shall ever, fn™™**"*^ in any event of war or of national differen6e, be sequestered or confis- cated. Article XXIX. Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official inter- Fl - Toreil „ lti „ course, have agreed, and do agree, to grant to the envoys, clauM - ministers, and other public agents the same favors, immunities, and exemptions which those of the most favored nations do or shall enjoy; it being understood that whatever favors, immunities, or privileges the United States of America or the Republic of New Granada may find it proper to give to the ministers and public agents of any other power, shall by the same act be extended to those of each of the contracting parties. Article XXX. To make mor[e] effectual the protection which the United States and the Eepublic of New Grana.la shall afford in future to the A dm, BB io.»rco^ navigation and commerce of the citizens of each other, they aul3 - agree to receive and admit Consuls and Vice-Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, pre- rogatives, and immunities of the Consuls and Vice-Cousuis of the most favored nation ; each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls may not seem convenient 186 TREATIES AND CONVENTIONS. Article XXXI. In order that the Consuls and Vice-Consuls of the two/ contracting parties may enjoy the rights, prerogatives, and immunities «"»"■' « M "" 1 ""- which belong to them by their public character, they shall, before entering on the exercise of their functions, exhibit their commis- sion or patent; in due form to the Government to which they are accred- ited; and having obtained their exequatur, they shall be held and con- sidered as such by all the authorities, magistrates, and inhabitants in the consular district in which they reside. Article XXXII. It is likewise agreed that the Consuls, their secretaries, officers, and E,«npt>o n <,rcon. persons attached to the service of Consuls, they not being cit- " o1 »- izens of the country in which the Consul resides, shall be exempt from all public service; and also from all kind of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens and inhab- itants, native and foreign, of the country iu which they reside are sub- ject, being in everything besides subject to the laws of the respective States. The archives and papers of the consulates shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. Article XXXIII. The said Consuls .shall have power to require the assistance of the authorities of the country for the arrest, detention, and cus- tody of deserters from the public and private vessels of their country; and for that purpose they shall address themselves to the courts, judges, and officers competent, and shall demand in writing the said deserters, proving, by an exhibition of the registers of the vessels or ship's roll or other public documents, that those men .were part of the said crews; and on this demand so proved, (saving, however, where the contrary is proved by other testimonies,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of the said Consuls, and may be put in the public prisons at the request, and expense of those who reclaim them, to be sent to the ships to which they belonged or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. Article XXXIV. For the purpose of more effectually protecting their commerce and comuiar co D Tcn- navigation, the two contracting parties do hereby agree to *"■■' form, as soon hereafter as circumstances will permit, a con- sular convention, which shall declare specially the powers and immuni- ties of the Consuls and Vice-Consuls of the respective parties. Article XXXV. The United States of America and the Republic of New Granada, desiring to make as durable as possible the relations which are to be established between the two parties by virtue of this treaty, have declared solemnly, and do agree to the following points : NEW GEANADA, 1846. ■» 187 1st. For the better understanding of the preceding articles, it is and has been stipulated between the high contracting par- , sthama of Pw . ties, that the citizens, vessels, and merchandise of Jhe ams - United States shall enjoy in the ports of New Granada, including those of the part of the Granadian territory generally denominated Isthmus of Panama, from its southernmost extremity until the bound- ary of Oosta Eica, all the exemptions, privileges, and immunities concerning commerce and navigation, which are now or may here- after be enjoyed by Granadian citizens, their vessels, and merchan- dise ; and that this equality of favors shall be made to extend to the passengers, correspondence, and merchandise of the United States, in their transit across the said territory, from one sea to the other. The Government of New Granada guarantees to the Government of the United States that the right of way or transit across the Isthmus of Panama upon any modes of communication that now exist, or that may be hereafter constructed, shall be open and free to the Government and citizens of the United States, and for the transportation of any articles of produce, manufactures, or merchandise, of lawful commerce, belong- ing to the citizens of the United States ; that ho other tolls or charges shall be levied or collected upon the citizens of the United States, or their said merchandise thus passing over any road or canal that may be made by the Government of New Granada, or by the authority of the same, than is, under like circumstances, levied upon and collected from the Granadian citizens; that any lawful produce, manufactures, or mer- chandise, belonging to citizens of the United States, thus passing from one sea to the other, in either direction, for the purpose of exportation to any other foreign country, shall not be liable to any import duties what- ever; or, having paid such duties, they shall be entitled to drawback upon their exportation ; nor shall the citizens of the United States be liahle to any duties, tolls, or charges of any kind, to which native citi- zens are not subjected for thus passing the said Isthmus. And, in order to secure to themselves the tranquil and constant enjoyment of these advantages, and as an especial compensation for the said advantages, and for the favors they have acquired by the 4th, 5th, and 6th arti- cles of this treaty, the United States guarantee, positively and effica- ciously, to New Granada, by the present stipulation, the perfect neutrality of the before-mentioned isthmus, with the view that the free transit from the one to the other sea may not be interrupted or embarrassed in any future time while this treaty exists ; and, in consequence, the United States also guarantee, in the same manner, the rights of sovereignty and property which New Granada has and possesses over the said territory. 2d. The present treaty shall remain in full force and vigor for the term of twenty years from the day of the exchange of the ratifl- Durati0I10ftre „ ty . cations ; and from the same day the treaty that was concluded between the United States and Colombia, on the 13th of October, 1824, shall cease to have effect, notwithstanding what was disposed in the 1st point of its 31st article. 3d. Notwithstanding the foregoing, if neither party notifies to the other its intention of reforming any of, or all, the articles of this AUer atio» of treaty twelve months before the expiration of the twenty ""^ years stipulated above, the said treaty shall continue binding on both parties bevond the said twenty years, uutil twelve months from the time that one of the parties notifies its intention of proceeding to a reform. 4th. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizens shall be held per- Inrrinsen , ent „ r eonally responsible for the same, and the harmony and good ,r0 - t * correspondence between the nations shall not be interrupted thereby; 188 < TEEATIES AND CONVENTIONS. each party engaging in no way to protect the offender, or sanction such violation. 5th. If unfortunately any of the articles contained in this treaty should itepri.ai. not »>.- be violated or infringed in any way whatever, it is expressly Ported. stipulated that neither of the two contracting parties shall ordain or authorize any acts of reprisal, nor shall declare war against the other on complaints of injuries or damages, until the said party con- sidering itself offended shall have laid before the other a statement of such injuries or damages, verified by competent proofs, demanding justice and satisfaction, and the same shall have been denied, in violation of the laws and of international right. 6th. Any special or remarkable advantage that one or the other power may eniov from the foregoing stipulation, are and ought to Special ndvantasea. ,i JJ , t • ° ■ u i ■ i- » be always understood in virtue and as in compensation of the obligationsthey have just contracted, and which have been specified in the first number of this article. Article XXXVI. The present treaty of peace, amity, commerce, and navigation shall be approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof; and by the President of the Eepublic of New Granada, with the consent and approbation of the Congress of the same ; and the ratifications shall be exchanged in the city of Washington, within eighteen months from the date of the sig- nature thereof, or sooner if possible. In faith whereof, we, the Plenipotentiaries of the United States of America and of the Eepublic of New Granada, have signed and sealed these presents in the city of Bogota, on the twelfth day of December, in the year of our Lord one thousand eight hundred and forty-six. l. s. u s. JB. A. BIDLACK. IT. M. MALLAEINO. ADDITIONAL AETICLE. The Eepublics of the United States and of New Granada will hold and admit as national ships of one or the other, all those thai n.t«»ni bh, P ». . g^gji jj e provide by t ne respective Governments with a patent, issued according to its laws. The present additional article shall have the same force and validity as if it were inserted, word for word, in the treaty signed this day. It shall be ratified, and the ratifications shall be exchanged at the same time. In witness whereof, the respective Plenipotentiaries have signed tk© same, and have affixed thereto their seals. Done in the city of Bogota, the twelfth day of December, in the year of our Lord one thousand eight hundred and forty-six. l. s. l. g. B. A. BIDLACK. M. M. MALLAEINO. NEW GRANADA, 1850. 189 / NEW GEANADA, 1850. CONSULAR CONVENTION WITH NEW GRANADA, CONCLUDED MAY 4, 1830; RATIFICATIONS EXCHANGED OCTOBER 30, 1851 ; PROCLAIMED DECEMBER 5, 1851. Consular Convention between tlie Republic of New Granada and the United States of America. In the name of the Most Holy Trinity. The Governments of the Republics of New Granada and the United States of America, having engaged "by the thirty-fourth arti- cle of the treaty of peace, amity,,,navigation, and commerce, concluded on the 12th of December, 1846, to form a consular convention, which shall declare specially the powers and immunities of the Consuls and Vice-Consuls of the respective parties, in order to comply with this article, and more effectively to protect their commerce and navigation, they have given adequate authority to their respective Plenipotentiaries, to wit: The Government of New Granada to Eaphael Eivas, its Charge" d'Affaires in the United States, and the Government of the United States to John M. Clayton, Secretary of State ; Who, after the exchange and examination of their full powers, found to be sufficient and in due form, have agreed upon the following articles : Article I. Each of the two contracting Eepublics may maiutain in the principal cities or com fmlercial places of the other, and in the ports j ,„ , ,,, . LJ * ^ . .«•. -i -i-.ii Grades of Consuls. open to foreign commerce, Consuls ot its own, charged with the protection of the commercial rights and interests of their nation, and to sustain their countrymen in the difficulties to which they may be exposed. They may likewise appoint Consuls-General, as chiefs over the other Consuls, or to attend to the affairs of several commercial places at the same time, and Vice-Consuls for ports of minor importance, or to act under the direction of the Consuls. Each Republic may, however, except those, cities, places, or ports in which it may consider the resi- dence of such functionaries inconvenient, such exception being common to all nations. All that is said in this convention of Consuls in general 6hall be considered as relating not only to Consuls, properly so called, but to Consuls General and Vice-Consuls, in all the cases to which this convention refers. Article II. The Consuls, appointed by one of the contracting parties to reside in the ports or places of the other, shall present to the Govern- Exeq „„ tur . ment of the Republic in which they are to reside their let- ters-patent or commission, in order that they may receive the proper exequatur, if it be deemed expedient to give it, which shall be granted without any charge; and this exequatur, when obtained, is to be exhib- ited to the chief authorities of the place in which the Consul is to exer- cise his functions, in order that they may cause him to be recognized in his character, and that he may be sustained in his proper prerogative, in his respective consular district. The Government receiving the Con- sul may withdraw the exequatur or his consular commission whenever it may judge proper to do so, but in such case shall state a reasonablo ground for the proceeding. 190 TREATIES AND CONVENTIONS. AKTIOLE III. The Consuls admitted in either Bepublic may exercise in their respec- tive districts the following functions: c " fc,,M " 1. They may apply directly to the authorities of the dis- trict in which they reside, and they may, in case of necessity, have recourse to the National Government through the diplomatic agent of their nation, if there be any, or directly, if there be no such agent, in complaint against any infraction of the treaties of commerce committed by the authorities or persons employed by them in the country, to the injury of the commerce of the nation in whose service the Consul is engaged. 2. They may apply to the authorities of the consular district, and, in case of necessity, they may have recourse to the National Government through the diplomatic agent of their nation, if there be aDy, or directly, if there be no such agent, against any abuse on the part of the authori- ties of the country, or the persons employed by them, against individuals of their nation in whose service the Consul is engaged; and they may, when necessary, take such measures as may be proper to prevent jus- tice from being denied to them, or delayed, and to prevent them from being judged or punished- by any other than competent judges, and agreeably to the laws in force. 3. They may, as the natural defenders of their fellow-countrymen, appear in their name and behalf, whenever so requested by them, before the respective authorities of the place, in all cases in which their sup- port may be necessary. 4. They may accompany the captains, mates, or masters of vessels of their nation in all that they may have to do with regard to the manifests of their merchandise and other documents, and be present in all cases in which the authorities, courts, or judges of the country may have to take any declarations from the persons above men- tioned, or any other belonging to their respective crews. 5. They may receive depositions, protests, and statements from cap- tains, mates, and masters of vessels of their nation respect- ing losses and injuries sustained at sea, and protests of any individuals of their nation respecting mercantile affairs. These, docu- ments, drawn up in authentic copies, certified by the Consul, shall be admitted in the courts and offices of justice, and shall have the same validity as if they had been authenticated before the same judges or courts. 6. They may determine on all matters relating to injuries sustained af wo™ s to mcr- sea by effects and merchandise shipped in vessels of thena- ,haodi. e ai 8 e a . ^[ on j n -^hose service the Consul is employed arriving at the place of his residence, provided that there be no stipulations to the contrary between the shippers, owners, and insurers. But if, among the persons interested in such losses and injuries, there should be inhabit ants of the country where the Consul resides, and not belonging to the nation in whose service he is, the cognizance of such losses and injuries appertains to the local authorities. 7. They may compromise amicably, and out of court, the differences c-mpro,™,, differ- arising between their fellow-countrymen, provided that those e» cos om or court, persons agree voluntarily to submit to such arbitration ; in which case the document containing the decision of the Consul, authen- ticated by himself and by his chancellor or secretary, shall have all the force of a notarial copy authenticated, so as to render it obligatory on the interested parties. NEW GRANADA, 1850. 191 8. They may cause proper order to be maintained on board of vessels of their nation, and may decide on the disputes arising between the captains, the officers, and the members of the crew, unless bs^'oaSlS the disorders taking place on board should disturb the public ° re "' tranquillity, or persons not belonging to the crew or to the nation in whosa service the Consul is employed; in which case the local authorities may interfere. • 9. They may direct all the operations for saving vessels of their nation which may be wrecked on the coasts of the district where the Consul resides. In such cases the local authorities shall interfere only in order to maintain tranquillity, to give security to tho interests of the parties concerned, and to cause the dispositions which should be observed for the entry and export of the property to be ful- filled. In the absence of the Consul, and until his arrival,- the said authorities shall take all the measures necessary for the preservation of the effects of the wrecked vessel. 10. They may take possession, make inventories, appoint appraisers to estimate the value of articles, and proceed to the sale of the movable property of individuals of their nation who may die in the country where the Consul resides without leaving executors appointed by their will or heirs-at-law. In all such proceedings, the Consul shall act in conjunction with two merchants, chosen by himself, for drawing up the said papers or delivering the property or the produce of its sales, observing the laws of his country and the orders which he may reeeive from his own Government ; but Consuls shall not discharge these functions in those States whose peculiar legislation may not allow it. Whensoever there is no Consul in the place where the death occurs, the local authority shall take all the precautions in their power to secure the property of the deceased. 11. They may demand from the local authorities the arrest of seamen deserting from the vessels of the nation in whose service the Consul is employed, exhibiting, if necessary, the register of the vessel, her muster-roll, and any other official document in support of this demand. The said authorities shall take such measures *as may be in their power for the discovery, and arrest of such deserters, and shall place. them at the disposition of the Consul; but if the vessel to which they belong shall have sailed, and no opportunity for sending them away should occur, they shall be kept in arrest, at the expense of the Consul, ^for two months; and if, at the expiration of that time, they should not * have been sent away, they shall be set at liberty by the respective authori- ties, and cannot again be arrested for the same cause. 12. They may give such documents as may be necessary for the inter- course between the two countries, and countersign those "U'T. t i • -t i !■•• rwTi Issue document*. wnicn may have been given by the authorities. They may also give bills of health, if necessary, to vessels sailing from the port where the Consul resides to the portsof the nation to which he belongs ; they may also certify invoices, muster-rolls, and other papers necessary for the commerce and navigation of vessels. 13. They may appoint a chancellor or secretary whensoever the con- sulate has none and one is required for authenticating docu- Appointment * •ments. ' ■ecmury. 14. They may appoint commercial agents to employ all the means in their power, in behalf of individuals of the nation in whose A p POintment 0[ service the Consul is, and for executing the commissions -=™™«*a.«»*. which the Consul may think proper to intrust to them, out of the place 'of his residence ; provided, however, that such agents are not to enjoy 192 TREATIES AKD CONVENTIONS. the prerogatives conceded to Consuls, bat only those which are peculiar to commercial agents. Article IV. The Consuls of one of the contracting Republics residing in another Empioymen. or country may employ their good offices in favor of.individuals •cod ooice,. f t ] ]e ther Republic which has no Consul in that country. Article V. The contracting Republics recognize no diplomatic character in Can- no diplomatic suls, for which reason they will not enjoy in either country oilier in co»™ia. the immunities granted to public agents accredited in that character; but, in order that the said Consuls may exercise their proper functions without difficulty Qr delay, they shall enjoy the following pre- rogatives : 1. The archives and papers of the consulate shall be inviolable, and cannot be seized by any functionary of the country in which they may be. 2. Consuls, in all that exclusively concerns the exercise of their func- tions, shall be independent of the State in whose territory Exemption. . ,, . 1 they reside. 3. The Consuls and their chancellors or secretaries shall be exempt from all public service, and from contributions, personal and extraordi- n arv, im posed in the country where they reside. This exemption does not comprehend the Consuls or their chancellors or secretaries who may be natives of the country in which they reside. 4. Whenever the presence of Consuls may be required in courts or offices of justice, they shall be summoned in writing. 5. In order that the dwellings of Consuls may be easily and generally consular (lag and known, for the convenience of those who may have to resort .weiiing. to them, they shall be allowed to hoist on them the flag, and to place o'ver their doors the coat-of-arms of the nation in whose service the Consul may be, with an inscription expressing the functions dis- charged by him ; but those insignia shall not be considered as importing a right of asylum, nor as placing the house or its inhabitants beyond the authority of the magistrates who may think proper to search them, and who shall have that right in regard to them in the same manner as with regard to the houses of the other inhabitants, in the cases prescribed by the laws. Article VI. The persons and dwellings of Consuls shall be subject to the laws and authorities of the country in all cases in which they have not received a special exemption by this convention, and in tha same manner as the other inhabitants. Article VII. • Consuls shall not give passports to any individual of their nation or going to their nation who may be held to answer before any authority, court, or judge of the country for delinquencies committed by them, or for a demand which may 'have been legally acknowledged; provided that in each case proper notice thereof shall NEW GRANADA, 1857. 193 I have been given to the Consul ; and tliey shall see that the vessels of their nation do not infringe the rules of neutrality when the nation in which the Consul resides is at war with another nation. Article VIII. The present convention shall be ratified by the Governments of the two contracting Bepublics, and the ratifications shall be exchanged at Bogota within the term of eighteen months, ™^°™- counted from this date, or sooner if possible. Article IX. The present convention shall be binding upon the contracting parties so long as the treaty of peace, friendship, navigation, and commerce between the United States and New Granada, the DurM " mof trea,y - ratifications of which were exchanged at Washington, on the tenth of June, one thousand eight hundred and forty-eight, shall remain in force. In faith whereof we, the Plenipotentiaries of the United States and of New Granada^ have signed the present, and have affixed to it our respective seals ajb Washington, the fourth day of May, in the year of our Lord one thousand eight hundred and fifty. [seal.] JOHN M. CLAYTON. [seal.] BAFAEL EIYAS. NEW GEANADA, 1857 CLAIMS CONVENTION WITH NEW GRANADA, CONCLUDED AT WASHINGTON, SEPTEMBER 10, 1857; RATIFICATIONS EXCHANGED AT WASHINGTON, NOVEMBER 5, 1860; PROCLAIMED NOVEMBER 8, 1860. The United States of America and the Eepublic of New Granada, desir- ing to adjust the claims of citizens of said States against New Granada, and to cement the good understanding which happily subsists between the two Eepublics, have, for that purpose, appointed and conferred full powers, respectively, to wit: The President of the United States upon Lewis Cass, Secretary of State of the United States, and the President of New Granada upon General Pedro A. Herran, Envoy Extraordinary and Minister Plenipo- tentiary of that Eepublic in the United States ; Who, after exchanging their full powers, which were found in good and proper form, have agreed to the following articles : Article I. All claims on the part of corporations, companies, or individuals, citi- zens of the United States, upon the Government of New Gra- Character of nada, which shall have been presented prior to the 1st day cl,imB - of September, 1859, either to the Department of State at Washington, or to the minister of the United States at Bogota, and especially those for damages which were caused by the riot at Panama on the 15th April, 1856, for which the said Government of New Granada acknowl- edges its liability, arising out of its privilege and obligation to preserve 13 194 TREATIES AND CONVENTIONS. peace and good order along the transit route, shall be referred io a board of commissioners, consisting of two members, one of whom shall be appointed by the Government of the United States and one by the Gov- ernment of New Granada. In case of the death, absence, or incapacity of either commissioner, or in the event of either commissioner omitting or ceasing to act, the Government of the United States or that of New Granada, respectively, or the Minister of the latter in the United States, acting by its direction, shall forthwith proceed to fill the vacancy thus occasioned. The commissioners so named shall meet in the city of Washington Meetine of C om- within ninety days from the exchange of the ratifications of n ,i»,ioner 8 . tllis corrmi tion, and, before proceeding to business, shall make and subscribe a solemn oath that they will carefully examine and impartially decide, according to justice and equity, upon all the claims laid before them, under the provisions of this convention, by the Govern- ment of the United States. And such oath shall be entered on the record of their proceedings. The commissioners shall then proceed to name an arbitrator or umpire, to decide upon any case or cases on which they may differ in opinion. And if they cannot agree in the selection, the Timpire shall be appointed by the Minister of Prussia to the United States, whom the two high contracting parties shall invite to make such appoint- ment, and whose selection shall be conclusive on both parties. Article II. The arbitrator being appointed, the commissioners shall proceed to Duty or coram,.- examine and determine the claims which may be presented .««» as to claims. to them, under the provisions of this convention, by the Gov- ernment of the United States, together with the evidence submitted in support of them, and shall hear, if required, one person in behalf of each ' Government on every separate claim. Each Government shall furnish, upon request of either of the commissioners, such papers in its posses- sion as the commissioners may deem important to the just determination ■of any claims presented to them. In cases where they agree to award an indemnity, they shall determine the amount to be paid, having due regard, in claims which have grown out of the riot at Panama of April 15, 1856, to damages suffered through death, wounds, robberies, or destruction of property. In cases where they cannot agree, the subjects of difference shall be referred to the umpire, before whom each of the commissioners may be heard, and whose decision shall be final. Article III. The commissioners shall issue certificates of the sums to be paid by virtue of their awards to the claimants, and the aggregate CMlficatMOfawar<1 - amount of said sums shall be paid to the Government of the United States, at Washington, in equal semi-annual payments, the , first payment to be made six months from the termination of the com- mission, and the whole payment to be completed within eight years from the same date; and each of said sums shall bear interest (also payable semi-annually) at the rate of six per cent, per annum from the day on which the awards, respectively, shall have been decreed. To meet these payments, the Government of New Granada hereby specially appropri- ates one-half of the compensation which may accrue to it from the Panama Eailroad Company, in lieu of postages, by virtue of the thirtieth article COLOMBIA, 1864. 195 of the contract between the .Republic of New Granada and said company, made April 15, 1850, and approved June 4, 1850, and also one-half of the dividends which it may receive from the net profits of said road, as pro- vided in the fifty-fifth article of the same contract; but if these funds should prove insufficient to make the payments as above stipulated, New Granada will provide other means for that purpose. . Article IV. The commission herein provided shall terminate its labors in nine months from and including the day of its organization; shall i>„ rati(>11 of com . keep an accurate -record ofits proceedings, and may appoint mm '""- a secretary to assist in the transaction of its business. Article V. The proceedings of this commission shall be final and conclusive with respect to all the claims before it, and its awards shall be a 3 full discharge to New Granada of all claims of citizens of the United States against that.Eepublic which may have accrued prior to the signature of this convention. Article YI. Each Government shall pay its own commissioner, but the umpire, as well as the incidental expenses of the commission, shall be paid, one-half by the United States, and the other half by New Granada. Article VII. The present convention shall be ratified, and the ratifica- tions exchanged in Washington. In faith whereof, we, the respective Plenipotentiaries, have signed this- convention, and have hereunto affixed bur seals. Done at Washington, this tenth day of September, in the year of our Lord one thousand eight hundred and fifty-seven. seal.] LEW. OASS. seal.] P. A. HEEEAN. L -> ft COLOMBIA, 1864. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED STATES OF COLOMBIA; DATED AT WASHINGTON, FEBRUARY 10, 1864; RATIFICATIONS EXCHANGED AT WASHINGTON AUGUST 19, 1885; PRO- CLAIMED AUGUST 19, 1865. "Whereas a convention for the adjustment of claims was concluded between the United States of America and the Eepublic of New Gra- nada, in the city of Washington, on the 10th September, 1857, which convention, as afterward amended by the contracting parties, was proclaimed by the President of the United States on the 8th Novem- ber, 1860; And whereas the joint commission organized under the authority conferred by the preceding mentioned convention did fail, by reason of uncontrollable circumstances, to decide all the claims laid before them 196 TREATIES AND CONVENTIONS. under its provisions, within the time to which their proceedings were limited by the 4th article thereof; ' The United States of America and the United States of Colombia — the latter representing the late Eepublic of New Granada — IflM "°" ° f t,me - are desirous that the time originally fixed for the duration of the commission should be so extended as to admit the examination and adjustment of such claims as were presented to but not settled by the joint commission aforesaid^ and to this end have named Plenipotentiaries to agree upon the best mode of accomplishing this object, that is to say : The President of the United States of America, William H. Sew- ard, Secretary of State of the United States of America, and the Presi- dent of the United States of Colombia, Senor Manuel Murillo, Envoy Ex- traordinary and Minister Plenipotentiary of the United States of Colom- bia; Who, having exchanged their full powers, have agreed as follows : Article I. The high contracting parties agree that the time limited in the con- ExtenBion for n ine vention above referred to for the termination of the commis- monti.. s i on? shall beextendedforaperiodnotexceedingninemonths from the exchange of ratifications of this convention, it being agreed that nothing in this article contained shall in any other wise alter the provi- sions of the convention above referred to; and that the contracting par- ties shall appoint commissioners anew, and an umpire shall be chosen anew, in the manner and with the duties and powers respectively expressed in the said former convention. Article II. The present convention shall be ratified, and the ratifica- tions shall be exchanged at Washington as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same, and have hereunto affixed their seals. Done at Washington this tenth day of February, in the year of our Lord one thousand eight hundred and sixty-four. SEAL. SEAL. WM. H. SEWAED. M. MUEILLO. COSTA EIOA. COSTA EICA, 1851. TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF COSTA RICA. CON- CLUDED JULY 10, 1851. RATOTCATIONS EXCHANGED MAY 26, 1852. PRO- CLAIMED ON THE SAME DAY. In the name of the Most Holy Trinity. Commercial intercourse having been for some time established between the United States and the Eepublic of Costa Eica, it seems good for the security as well as the encouragement of such commercial intercourse, and for the maintenance of good understanding between the United States and the said Eepublic, that the relations now subsisting between them should be regularly acknowledged and confirmed by the signature ,of a treaty of amity, commerce, and naviga- tion. For this purpose they have named their respective plenipoten- tiaries, that is to say: The President of the United States, Daniel Webster, Secretary of State, and his Excellency the President of the Eepublic of Costa Eica, Senor Don Felipe Molina, Envoy Extraordinary *■*">"<"■■ and Minister Plenipotentiary of that Eepublic to the United States ; Who, after having communicated to each other their full powers, found to be in due and proper form, have agreed upon and concluded the following articles : Article I. There shall be perpetual amity between the United States and their citizens on the one part, and the Government of the Ee- state „r amity » public of Costa Eica and its citizens on the other. exi8t - Article II. There shall be, between all the territories of the United States and the territories of the Eepublic of Costa Eica a reciprocal Reciprocal free. freedom of commerce. The subjects and citizens of the ^"LSSaS two countries, respectively, shall have liberty, freely and tr!u!e - securely, to come with their ships and cargoes to all places, ports, and rivers in the territories aforesaid, to which other foreigners are or may be permitted to come; to enter into the same, and to remain and reside in any part thereof, respectively ; also to hire and occupy houses and warehouses for the purposes of their commerce ; and, generally, the merchants and traders of each rftttion,. respectively, shall enjoy the most complete protection and security for their commerce; subject always to the laws and statutes of the two countries respectively. In like manner, the respective ships of war and post-office packets of the two countries shall have liberty, freely and securely, to come to all harbors, river's, and places to which other foreign ships of war and 198 TREATIES AND CONVENTIONS. packets are or may be permitted to come, to enter into the same, to •anchor, and to remain there and refit; subject always to the laws and statutes of the two countries respectively. By the right of entering the places, ports, and rivers mentioned in this article, the privilege of carrying on the coasting trade is not under- stood ; in which trade, national vessels only of the country where the trade is carried on are permitted to engage. Article III. It being the intention of the two high contracting parties to bind TrmkBeo of the themselves, by the preceding articles, to treat each other ^""mutually cot on the footing of the most favored nation, it is hereby ceded. agreed between them, that any favor, privilege, or immu- nity whatever, in matters of commerce and navigation, which either contracting party has actually granted, or may hereafter grant, to the subjects or eitizens of any other state, shall be extended to the subjects or citizens of the other high contracting party, gratuitously, if the con- cession in favor of that other nation shall have been gratuitous ; or in return,' for a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concessions shall have been conditional. Article IV. No higher nor other duties shall be imposed on the importation into commercial provi- the territories of the United States of any article being of «io M . ^he g E p W th, produee, or manufacture of the Eepublic of Costa Eica, and no higher or other duties shall be imposed on the im- Discriminating d..- portation into the territories of the Eepublic of Costa Eica ,ie *- of any articles being the growth, produce, or manufacture of the territories of the United States, than are or shall be payable on the like articles, being the growth, produce, or manufacture of any other foreign country ; nor shall any other or higher duties or charges be imposed in the territories of either of the high contracting parties, on the exportation of any articles to the territories of the other, than such as are or may be payable on the exportation of the like articles to any other foreign country ; nor shall any prohibition be imposed upon the exportation or importation of any articles the growth, produce, or manufacture of the territories of the United States, or of the Ee- public of Costa Eica, to or from the said territories of the United States,. or to or from the Eepublic of Costa Eica, which shall not equally extend to all other nations. Article V. No higher nor other duties or payments on account of tonnage, of To„ Mee d».ie» a„d light or harbor dues, of pilotage, of salvage, in case either "^caL'TVreciTo'r of damage or shipwreck, or on account of any other local damage. > charges, shall be imposed in any of the ports of the Eepub- lic of Costa Eica, on vessels of the United States, than those payable in the same ports by Costa Eican vessels ; nor in any of the ports of the United States, on Costa Eican vessels, than shall be payable in the same* ports on vessels of the United States. COSTA RICA, 1851. 199 Article VI. The same duties shall be paid on the importation into the territories of the Eepublic of Gosta Rica of any article being of the COT „ M , i „ w , i . growth , produce, or manufacture of the territories .of the Bion *- United States, whether such importation shall be made in Oosta Rican, or in vessels of the United States ; and the same duties shall be paid on the importation into the territories of the United States of any article being the growth, produce, or manufacture of the Eepublic of Costa Rica, whether such importation shall be made in United States or in Costa Eican vessels. The same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation to the Eepublic of Costa Eica of any articles being the growth, produce, or manufacture of the 'territories of the United States, whether such exportations shall be made in Costa Rican or in United States vessels ; and the same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any articles being the growth, produce, or manufacture of the Republic of Costa Rica to the territories of the United States, whether such exportation shall be made in United States or in Costa Rican vessels. Article YII. All merchants, commanders of ships, and others, citizens of the United States, shall have full liberty, in all the territories PrivileeeB of cit . of the Republic of Costa Rica, to manage their own affairs *e™ oljfther\at?o'n themselves, or to commit them to the management of ""'"' "'''"' whomsoever they pleaSe, as broker, factor, agent, or interpreter ;, nor shall they be obliged to employ any other persons in those capacities than those employed by Costa Rican s, nor to pay them any other salary or remuneration than such as is paid in like cases by Costa. Rican citi- zens ; and absolute freedom shall be allowed in all cases to the buyer and seller to bargain and fix the price of any goods, wares, or mer- chandise imported into or exported from the Republic of Costa Rica, as they shall see good, observing the laws and established customs of the country. The same privileges shall be enjoyed in the territories of the United States by the citizens of the Republic of Costa Rica under the same conditions. The citizens "of the high contracting parties shall reciprocally receive and enjoy full and perfect protection for their persons and property, and shall have free and open access to the courts of justice in the said countries respectively,' for the prosecution and defence of their just rights ; and they shall be at liberty to employ, in all cases, the advo- cates, attorneys, or agents of whatever description, whom they may think proper, and they shall enjoy in this respect the same rights and privileges therein as native citizens. Article VIII. In whatever relates to the police of the ports, the lading and unlading of ships, the safety of merchandise, goods, and effects, Snme8UbiKt . the succession to personal estates by will or otherwise, and the disposal of personal property of every sort and denomination, by sale, donation , exchange, testament, or in any other manner whatsoever, as , also the administration of justice, the citizens of the two high contracting parties shall reciprocally enjoy the same privileges, liberties, and rights as 200 TREATIES AND CONVENTIONS. native citizens, and they shall not be charged in any of these respects with any higher impost's or duties than those which are paid or may he paid by native citizens ; submitting, of course, to the local laws and regulations of each country respectively. If any citizen of either of the two high contracting parties shall die without will or testament in any of the territories of the other, the Con- sul General or Consul of the nation to which the deceased belonged, or the representative of such Consul General or Consul in his absence, shall have the right to nominate curators to take charge of the property of the deceased, so far as the laws of the country will permit, for the ben- efit of the lawful heirs and creditors of the deceased, giving proper notice of such nomination to the authorities of the country. Article IX. The citizens of the United States residing in the Republic of Costa Eica, and the citizens of the Eepublic of Costa Eica residing in the United States, shall be exempted from all compulsory military service whatsoever, either by sea or by land, and from all forced loans or military exactions or requisitions; and they shall not be compelled, under any pretext whatsoever, to pay other ordinary charges, requisitions, or taxes greater than those that are paid by native citizens of the contracting parties respectively. Article X. It shall be free for each of the two high contracting parties to appoint co M ui. and dipio- Consuls for the protection of trade, to reside in any of the mati C a 8 ent». territories of the other party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent ; and either of the high contracting parties may except from the residence of Consuls such particular places as they judge fit to be excepted. The Costa Rican diplomatic agents and Consuls shall enjoy in the territories of the United States whatever priv- leges, exemptions, and immunities are or shall be granted to agents of the same rank belonging to the most favored nation ; and, in like manner, the diplomatic agents and Consuls of the United States in the Costa Eican territories shall enjoy, according to the strictest reciprocity, whatever privileges, exemptions, and immunities are or may be granted in the Eepublic of Costa Eica to the diplomatic agents and Consuls of the most favored nation. , Article XI. For the better security of commerce between the citizens of the Provi.ion, ,n the United States and the citizens of the Eepublic of Costa Eica, bSemthe K it is agreed, that if at any time any interruption of friendly ti0M intercourse, or any rupture should unfortunately take place between the two high contracting parties, the citizens of either of the two high contracting parties who may be within any of the territories of the other, shall, .if residing upon the coast, be allowed six months, and if in the interior, a whole year to wind up their accounts and dis- pose of their property ; and a safe-conduct shall be given them to em- bark at the port which they themselves shall select ; and even in the event of a rupture, all such citizens of either of the t$ro high contract- ing parties who are established in any of the territories of the other, in the exercise of any trade or special employment, shall have the privilege of remaining and of continuing such trade and employment therein. COSTA RICA, 1851. „ 201 without any manner of interruption, in the full enjoyment ot their lib- erty and property, as long as they behave peaceably, and commit no offence against the laws; and their goods and effects, of whatever description they may be, whether in their own custody or intrusted to individuals or to the State, shall not be liable to seizure or sequestra- tion, nor to any other charges or demands than those which may be made upon the like effects or property belonging to the native citizens of the country in which such citizens may reside. In the same case, debts between individuals, property in public funds, and shares of com- panies, shall never be confiscated, sequestered, nor detained. Article XII. The citizens of the United States and the citizens of the Eepublic of Costa Eica, respectively, residing in any of the territories Priv . leees of cit . of the other party, shall enjoy in their houses, persons, ^wTiLr^ti™ and properties the protection of the, Government, and shall ""' continue in possession of the guarantees which they now enjoy. They' shall not be disturbed, molested, or annoyed in any man- Libeny 0l con ner on account of their religious belief, nor in the proper scie " ce - exercise of their religion, either within their own private houses or in the places of worship destined for that purpose, agreeably to the sys- tem of tolerance established in the territories of the two high contract- ing parties ; provided they respect the religion of the nation in which they reside, as well as the constitution, laws, and customs of the coun- try. Liberty shall also be granted to bury the citizens of t , u . , either of the two high contracting parties who may die in the territories aforesaid, in burial-places of their own, which in the same manner may be freely established and maintained ; nor shall the funerals or sepulchres of the dead be disturbed in any way or upon any account. Article XII L In order that the two high contracting parties may have the oppor- tunity of hereafter treating and agreeing upon such other arrangements as may tend still further to the improvement of tti» idtO 1 ™* of their mutual intercourse, and to the advancement of the mon a th«°™tic e aW interests of their respective citizens, it is agreed that, at any time after the expiration of seven years from the date of the # exchange of the ratifications of the present treaty, either of the high contracting parties shall.have the right of giving to the other party notice of its intention to terminate Articles IV, V, and VI, of the present treaty; and that, at the expiration of twelve months after such notice shall have been received by either party from the other, the said articles, and all the stipulations contained therein, shall cease to be binding on the two high contracting parties. Article XIV. The present treaty shall be ratified, and the ratifications shall be ex- changed at Washington*br at San Jos6 de Costa Eica, within the space of one year, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto their respective seals. Done at Washington this tenth day of July, in the year of our Lord one thousand eight hundred and fifty-one. DAN'L WEBSTEE. [SEAL. F. MOLINA. [SEAL/ 202 TREATIES. AND CONVENTIONS. COSTA EICA, 1860. CONVENTION BETWEEN THE UNITED STATES OP AMERICA AND THE RE- PUBLIC OF COSTA RICA, FOR THE ADJUSTMENT OF CLAIMS. SIGNED AT SAN JOSE' JULY 2, 1860 ; EXCHANGE OF RATIFICATIONS NOVEMBER 9, 1861 ; PROCLAIMED NOVEMBER 11, 1861. Convention for the adjustment of claims of citizens of the United States against the Government of the Republic of Costa Rica. The United State? of America and the Eepublic of Costa Eica, desir- ing to adjust the claims of citizens of said States against Costa Eica in such a manner as to cement the good understanding and friendly relations now happily subsisting between the two Eepublics, have resolved to settle such claims by means of a convention ; and, for that purpose, appointed and conferred full powers, respectively, to wit : The President of the United States, on Alexander Dimitry, Minister Eesident of said United States in the Eepublic of Costa """ ar " e8 ' Eica, and his Excellency the Constitutional President of said Eepublic of Costa Eica, on Manuel Jose" Carazo and Francisco Maria Tglesias ; who, upon an exchange of their plenary powers, which were found in good and proper form, have agreed to the following articles: Article I. It is agreed that all claims of citizens of the United States, upon the Government of Costa Eica, arising from injuries to their Claims of citizens -, . ; ,' . - , -. ■ t* or the united state, persons, or damages to their property, under any form board 5 o7 e commia° whatsoever, through the action of authorities, of the Ee- public of Costa Eica, statements of which, soliciting the interposition of the Government of the United States, have been pre- sented to the Department of State at Washington, or to the diplomatic agents of said United States at San Jos6, of Costa Eica, up to the date of the signature of this convention, shall, together with the documents in proof, on which they may be founded, be referred to a board of com- , missioners, consisting of two members, who shall be appointed in the Board how ap- following manner : one by the Government of the United pointed. States of America, and one by the Government of the Ee- public of Costa Eica : Provided, however, That no claim of any citizen of the United States, who may be proved to have been a belligerent • during the occupation of Nicaragua by the troops of Costa Eica, or the exercise of authority, by the latter, within the territory of the former, shall be considered as one proper for the action of the board of commis- sioners herein provided for. In case of the death, absence, or incapacity of either commissioner, . . or in the event of either commissioner's omitting or ceasing comrnTssio^Treto b° to act, the Government of the United States of America, or that of the Eepublic of Costa Eica, respectively, or the min- ister of the latter, in the United States, acting by its direction, shall' forthwith proceed to fill the vacancy thus occasioned. Article II. The commissioners so named shall meet at the city, of Washington, within ninety days from the exchange of the ratifications of when and where - - - - meet miesum^ L> this convention 5 and,, before proceeding to business, they shall, each of them, exhibit a solemn oath, made and sab- COSTA RICA, 1860. 203 scribed before a competent authority, that they will carefully examine into, and impartially decide, according to the principles of justice and of equity, and to the stipulations of treaty, upon all the claims laid before them, under the provisions of this convention, by the Government of the United States, and in accordance with such evidence as shall be submitted to them on the part of said United States and of the Eepub- lic of Costa Bica, respectively. And their oath, to such effect, shall be entered upon the record of their proceedings. Said commissioners shall then proceed to name an arbitrator, or um- pire, to decide upon any case or cases concerning which they may dis- agree, or upon any point or points of difference which may arise in the course of their proceedings. And if they cannot agree in the selection, the arbitrator or umpire shall be appointed by the minister of His Ma- jesty the King of the Belgians, to the United States, whom the two high contracting parties shall invite to make such appointment, and whose selection shall be conclusive on both parties. Article III. The arbitrator, or umpire, being appointed, the commissioners shall, without delay, proceed to examine and determine the claims Mode of p,„,,ed ure which maybe presented to them, under the provisions of ofcommi*ioi»™. this convention, by the Government of the United States, as stated in the preceding article ; and they shall hear, if required, one person in behalf of each Government, on every separate claim. Each Government shall furnish, upon request of either of the com- missioners, such papers in its possession as may be deemed important to the just determination of any claims of citizens to^rmrS^ of the United States, referred to the board, under the pro- reB " visions of the first article. In cases, whether toughing injuries to the person, limb, or life of any said citizens, or damages committed, as stipulated in the Amount of indem . first article, against their property, in which the commis- ° itr sioners may agree to award an indemnity, they shall determine the amount to be paid. In cases in which said commissioners cannot agree, the points of difference shall be referred to the arbitrator, or umpire, before whom each of the commissioners may be heard, and his decision shall be final. , Article IV. The commissioners shall issue certificates of the sums to be paid to the claimants, respectively, whether by virtue of the awards of ^ agree® to between themselves, or of those made by them', °r . °iude°m^ty me t» in pursuance of decisions of the arbitrator, or umpire ; and di the aggregate amount of said sums, decreed by the certificates of award made by the commissioners, in either manner above indicated, and of the sums also accruing from such certificates of award as the arbitrator, or umpire, may, under the authority hereinafter conferred by the seventh article, have made and issued, with the rate of interest stipulated in the present article, in favor of any claimant, or claimants, shall be paid to the Government of the United States, in the city of Washington, in equal semi-annual instalments. It is, however, hereby When fir8t instaI . agreed, by the contracting parties, that the payment of the ment l ° bei>aid - first instalment shall be made eight months from the termination of the labors of the commission ; and, after such first payment, SKLbae ^ mt in*.i- the second, and each succeeding one, shall be made semi- menM - 20£ TREATIES AND CONVENTIONS. annually, counting from the date of the first payment ; and the whole payment of such aggregate amount, or amounts, shall be perfected within the term of ten years from the termination of said commission ; and each of said sums shall bear interest (also payable semi- annually) at the rate of six per cent, per annum, from the day on which the awards, respectively, will have been decreed. To meet these payments, the Government of the Eepublic of Oosta . , „ Eica hereby specially appropriates fifty per cent, of the net Provision by Costa - n , ■, J * * . • n 11 j. J» j_i Rica to meet p«y- proceeds of the revenues arising from the customs 01 the said Eepublic; but if such appropriation should prove insufficient to make the payments as above stipulated, the Government of said Eepublic binds itself to provide other means for that purpose. Article V. The commission herein provided shall terminate its labors in nine months from and including the day of its organization. They shall keep an accurate record of all their proceed- ings, and they may appoint a secretary, versed in the knowledge of the English and of the Spanish languages, to assist in the trans- action of their business. And, for the conduct of such business, they are hereby authorized to make all necessary and lawful rules. Article VI. The procedings of this commission shall be final and conclusive with proceeding of respect to all the claims of citizens of the United States, ™nc™ul, ? v™Btoce b r° which, having accrued prior to the date of this convention, uin cMm S . may be brought before it for adjustment; and the United States agree forever to release the Government of the Eepublic of Costa Eica from any further accountability for claims which shall Costa Rica released. -, •j_ i -i*i_i i j_i ■» it* •■ i be rejected, either by the board of commissioners, or by the arbitrator or umpire aforesaid ; or for such as, being allowed by either the board or the umpire, the Government of Costa Eica shall have provided for and satisfied in the manner agreed upon in the fourth article. Article VII. In the event, however, that upon the termination of the labors of said commission stipulated for in the fifth article of this p/oaine 9, b°fo re mn- convention, any case or cases should be pending before the K of thl co'mmTs' umpire, and awaiting his decision, it is hereby understood and agreed by the two contracting parties that, though the board of commissioners may, by such limitation, have terminated their action, said umpire is hereby authorized and empowered to proceed to make his decision or award in such case or cases pending as aforesaid ; and, upon his certificate- thereof, in each case, transmitted to each of the two Governments, mentioning the amount of indemnity, if such shall have been allowed by him, together with the rate of interest speci- fied by the fourth article, such decision or award shall be taken and held to be binding and conclusive, and it shall work the same effect as though it had been made by both the commissioners under their own agreement, or by them upon decision of the case or of the cases, re- spectively, pronounced by the umpire of said board, -during the period umpire to d.,i" wSlST'b* >£ the President of the Eepublic of Costa Eica, with the con- prov sent and approbation of the Supreme Legislative Power of said Eepub- lic ; and the ratifications shall be exchanged in the city of Washington, within the space of eight months from the date of the signaturehereof, or sooner if possible. In faith whereof, and by virtue of our respective full powers, we, the undersigned, have signed the present convention, in duplicate, and have hereunto affixed our seals. Done at the city of San Jos6, on the second day of July, in the year one thousand eight hundred and sixty, and in the eighty- fourth year of the independence of the United States of America, and of the independence of Costa Eica the thirty-ninth. ALBX'E DIMITEY. MANUEL J. CAEAZO. PEAN'CO M. YGLESIAS. SEAL. SEAL. SEAL. DENMARK DENMARK, 1826. GENERAL CONVENTION OF FRIENDSHIP, COMMERCE; AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE 'KING OF DENMARK. CONCLUDED APRIL 26, 1826. RATIFICATIONS EX- CHANGED AUGUST 10, 1826. PROCLAIMED OCTOBER 14, 1826. The United States of America and His Majesty the King of Denmark, being desirous to make firm and permanent the peace and friendship which happily prevail between the two nations, and to extend the commercial relations which subsist between their ' respective territories and people, have agreed to fix, in a manner clear and positive, the rules which shall in future be observed between the one and the other party, by means of a general convention of friend- ship, commerce, and navigation. With that object, the President of the United States of America has conferred full powers on Henry Clay, their Secretary of State, and His Majesty the King of Denmark has conferred like powers on Peter Pedersen, his Privy Counsellor of Lega- tion and Minister Eesident near the said States, Knight of the Danne- brog ; who, after having exchanged their said fall powers, found to be in due and proper form, have agreed to the following articles : Article I. The contracting parties, desiring to live in peace and harmony with comn.erceudn.v- a U the other nations of the earth, by means of a policy totion. frank and equally friendly with all, engage, mutually, not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession were freely made, or on allowing the same compensation, if the concession were conditional. . ' Article II. The contracting parties being likewise desirous of placing the com- Nav lg »„ot, e,u,i- merce and navigation of their respective countries on the *,, and recjrocity. iib era i basis of perfect equality and reciprocity, mutually agree that the citizens and subjects of each may frequent all the coasts and countries of the other, (with the exception hereafter provided for in the sixth article,) and reside and trade there in all kinds of produce, manufactures, and merchandise ; and they shall enjoy all the rights, privileges, and exemptions, in navigation and commerce, which native citizens or subjects do or shall enjoy, submitting themselves to the laws, decrees, and usages, there established, to which native citizens or subjects are subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties, respectively, according to their own separate laws. DENMARK, 1826. 207 Article III. They likewise agree that whatever kind of produce, manufacture, or merchandise, of any foreign country, can be, from time to Produce and „»,,. time, lawfully imported into the United States, in vessels ali,cture »- belonging wholly to the citizens thereof, may be also imported in ves- sels wholly belonging to the subjects of Denmark; and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And, in like manner, that whatever kind of produce, manufacture, or merchandise, of any foreign country, can be, from time to time, lawfully imported into the dominions of the King of Denmark, in the vessels thereof, (with the exception hereafter men- tioned in the sixth article,) may be also imported in vessels of the United States; and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importa- tion be made in vessels of the one country or of the other. And they further agree, that whatever may be lawfully exported or re-exported, from the one country iu its own vessels, to any foreign country, may, in like manner, be exported or re-exported in the vessels of the other country. And the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of Denmark. Nor shall higher or other charges of, any kind be imposed in the ports of one party, on 'vessels of the other, than are or shall be payable in the same ports by native vessels. < Article IV. No higher or other duties shall be imposed on the importation into the United States of any article, the produce or manufac- D ture of the dominions of pis Majesty the King of Den- mark; and no higher or other duties shall be imposed on the importa- tion into the said dominions of any article, the produce or manufacture of the United States, than are or shall be payable on the like articles, being the produce or manufacture of any other foreign country. Nor shall any higher or other duties or charges be imposed in either of the two countries on the exportation of any articles to the United States, or to the dominions of His Majesty the King of Denmark, respectively, than such as are or may be payable on the exportation of the like arti- cles to any other foreign country. Nor shall any< prohibition be imposed on the exportation or importation of any articles, the produce or manu- facture of the United States, or of the dominions of his Majesty the King of Denmark, to or from the territories of the United States, or to or from the said dominions, which shall not equally extend to all other nations. Article V. Neither the vessels of the United States nor their cargoes shall, when ; they pass the Sound or the Belts, pay higher or other duties Same than those which are or may be paid by the most favoured 1 • The present convention sh all not apply to the northern possessions of His ' Majesty the King of Denmark — that is to say, Iceland, the PoMMliot Ferroe Islands, and Greenland — nor to places situated be- 208 TREATIES AND CONVENTIONS. yond the Cape of Good Hope ; the right to regulate the direct inter- course with which possessions and places is reserved by the parties, re- spectively. And it is further agreed that this convention is not to extend to the direct trade between Denmark and the West India colonies of His Danish Majesty, but in the intercourse with those colonies it is agreed that whatever can be lawfully imported into or exported from the said colonies in vessels of one party from or to the ports of the United States, or from or to the ports of any other foreign country, may in like manner, and with the same duties and charges applicable to vessel and cargo, be imported into or exported from the said colonies in vessels of the other party. Article VII. The United States and His Danish Majesty mutually agree that no m higher or other duties, charges, or taxes of any kind shall be levied in the territories or dominions of either party, upon any personal property, money, or effects of their respective citizens or subjects, on the removal of the same from their territories or domin- ions reciprocally, either upon the inheritance of such property, money, or effects, or otherwise, than are or shall be payable in each State upon the same, when removed by a citizen or subject of such State, respect- ively. Article VIII. / To make more effectual the protection which the United States and consul, and v.ce- His Danish Majesty shall afford in future to the navigation consuls. an) j commerce f their respective citizens and subjects, they agree mutually to receive and admit Consuls and Vice-Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, privileges, and immunities of the Consuls and Vice-Consuls of the most favoured nation, each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls may not seem convenient. Article IX. In order that the Consuls and Vice-Consuls of the contracting parties Riihts, privily, m ay enjoy the rights, privileges, and immunities which be- *c. of tie ,a me . i ong to them by the j r p U k]j c character, they shall, before • entering on the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited:; and having obtained their exequatur, which shall be granted gratis, they shall be held and considered as such by all the authorities, magis- trates, and inhabitants in the consular district in which they reside. Article X. It is likewise agreed that the Consuls and persons attached' to their concern™ con- necessary service, they not being natives of the country in '° la - which the Consul resides, shall be exempt from all public service, and also from all kind of taxes, imposts, and contributions, ex- cept those which they shall be obliged to pay, on account of commerce, or their property, to which inhabitants, native and foreign, of the coun- try in which such Consuls reside, are subject, being in everything be- sides subject to the laws of the respective States. The archives and DENMARK, 1826. 209 papers of the coagulate shall be respected inviolably, and under no pre- text whatever shall any magistrate seize or in any way interfere with them. Article XI. The present convention shall be in force for ten years from the date hereof, and further until the end of one year after either of oowbuBm t» bo the contracting parties shall have given notice to the other in t "" x,t '" te »» slt8 ■ of its intention to terminate the same, each of the contracting parties reserving to itself the right of giving such notice to the other at the end of the said term of ten years ; and it is hereby agreed between them that, on the expiration of one year after such notice shall have been re- ceived by either, from the other party, this convention, and all the pro- visions thereof, shall altogether cease and determine. Ariicle XII. This convention shall be approved and ratified by the President of the United States, by and with the advice and consent of the Conveiition to he Senate thereof, and by His Majesty the King of Denmark, j™f?jfi 'J^V' 01 " and the ratifications shall be exchanged in the city of Co- penhagen within eight months from the date of the signature hereof, or sooner if possible. In faith whereof, we, the Plenipotentiaries of the United States of America, and of His Danish Majesty, have signed and sealed these presents. Done in triplicate, at the .city of Washington, on the twenty-sixth day of AP ru > in the year of our Lord one thousand eight hundred and twenty-six, in the fiftieth year of the Independence of the United States of America. H. CLAY. Pr. PEDEBSEST. ADDENDUM. Mr. Clay to Mr. Petersen. Addendum. Department of Static, Washington, April 25, 1828. Tbe undersigned, Secretary of State of the United States, by direction of the Presi- dent, thereof, has the hohourto stateto Mr. Pedersen, Minister Resident of His Majesty the King of Denmark, that it would have been satis- Aprass, is26. factory to the Government of the United States if Mr. Pedersen had been charged with instructions, in the negotiation which has just terminated, to treat of the indemnities to citizens of the United States, in consequence of the seizure, de- tention, and condemnation of their property in the ports of His Danish Mijesfcy. But as he has no instructions to that effect, the undersigned is directed, at and before pro- ceeding to the signature of the treaty of friendship, commerce, and navigation on which they have agreed, explicitly to declare, that the omission to. provide for those indemnities is not hereafter to be interpreted as a waiver or abandonment of them by the Government of the United States, which, on the contrary, is firmly resolved to persevere in the pursuit of them until they shall be finally arranged upon principles of equity and justice. Aud, to guard against any misconception of tbe fact of the silence of the treaty in the above particular, or of the views of tlie American Government, the undersigued requests that Mr. Pedersen will transmit this official declaration to tlie Gov- ernment of Denmark. And he avails himself of this oooasion to tender to Mr. Peder- sen assurances of his distinguished consideration. H. CLAY. The Chevalier Pepersen, Minister Resident from, Denmark. 14 210 TREATIES AND CONVENTIONS. t The Chevalier Peter Pedersen to Mr. Clay. Washington, Ajrril 25, 1826. The undersigned, Minister Resident of His Majesty the KiDg of Denmark, has the honour herewith, to acknowledge having received Mr. Clay's official note of Apni 25, 1826. this day, declaratory of the advanced claims against Denmark not being waived on the part of the United States by the convention agreed upon and about to be sjgned, which note he, as requested, will transmit to his Government. And he avails himself of this 'occasion to renew to Mr. Clay assurances of his distinguished consideration. P. PEDERSEN. To the Hon. Henry Clay, Secretary of State of the United States. DENMABK, 1830. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJ- ESTY THE KING OF DENMARK. SIGNED AT COPENHAGEN THE 28TH OF MARCH, 1830 ; RATIFICATIONS EXCHANGED JUNE 5, 1830 ; PROCLAIMED JUNE 5, 1830. The United States of America and His Majesty the King of Denmark, being equally desirous of terminating the discussions which have taken place between them in respect to the claims and pretensions formed by the citizensof the United States and the subjects of Denmark, having for their object the seizure, detention, condemnation, or confiscation of their ves- sels, cargoes, or property whatsoever, within the territory or under the authority of the respective Governments, have named for this purpose, land furnished with their full powers, that is to say : The President of the United States of America, by and with the advice and consent of the Senate, Henry Wheaton, Charge" d' Affaires of the said United States at the Court of His Majesty the Kiug of Denmark, etc.,. and His Maj- esty the King of Denmark, the Sieur Ernest Henry, Count de Schini- melmann, Knight of the Order of the Elephant, Grand Cross of the Order of Dannebrog, decorated with the silver cross of the same order, His Minister (intinie) of State, Chief of his Department of Foreign Affairs, etc., and the Sieur Paul Christian de Stemann, Knight of the Order of the Elephant, Grand Cross of the Order of Dannebrog, decorated with the silver cross of the same order, his Minister (intime) of State and of Jus- tice, president of his Danish Chancery, etc.; and the said Plenipotentia- ries, after having exchanged their full powers, found in good and due form, have agreed upon and concluded the following articles: Article I. His Majesty the King of Denmark renounces the indemnities which might be claimed from the Government of the United States DenmaT'or'i'ndem' of America for the subjects of Denmark, on account of the seizure, detention, condemnation, or confiscation of their vessels, cargoes, or property whatsoever, under the authority of the said Government; and His Majesty engages, moreover, to pay to the said A e re™e„t w m- Government the sum of six hundred and fifty thousand dcmmiy v. s. • Spanish milled dollars, on account of the citizens of the United States, who have preferred claims relating to the seizure, de- tention, condemnation, or confiscation of their vessels, cargoes, or prop- erty whatsoever, by the public and private armed ships, or by the tri- bunals of Denmark, or in the States subject to the Danish sceptre. DENMARK, 1830. 211 ARTICLE II. The payment of the above sum of six hundred and fifty thousand Spanish milled dollars shall be made in the times and man- Payn?m t „f said ner following : Me ""' il7 - On the 31st March, 1831, two hundred and sixteen thousand six hun- dred and sixty-six dollars and two-thirds of a dollar. On the 30th September, 1831, two hundred and sixteen thousand six hundred and sixty- six dollars and two-thirds of a dollar. On the 30th September, 1832, two hundred and sixteen thousand six hundred and sixty-six dollars and two-thirds of a dollar. To the second payment shall be added the interest for that, and for the last payment, at four per centum per annum, to be computed from the first payment, on the 31st March, 1831. To the third payment shall also be added the interest for that pay- ment, at four per centum per annum, to be computed from the second payment, on the 30th September, 183L The above sums, thus specified in Spanish milled dollars, shall be paid in bills of exchange, at fifteen days' sight, at Hamburg ; for the payment of which the Danish Government shall be responsible. At the time when the first payment shall be made, on the 31st March, 1831, two obligations, corresponding to the two last payments to' be effected for the capital and the interest thereof, shall be issued by the Direction for the public debt and the sinking fund of Denmark, to the order of the Department of Foreign Affairs of Denmark, and assigned to the Government of the United States. By the said obligations, His Majesty the King of Denmark shall acknowledge himself debtor for the sums not yet paid to the Government of the United States of America, and the same shall be delivered to such person or persons as may be authorized to receive the same by the said Government ; and when the said obligations are to be discharged, according to the tenor thereof, by the Danish Government, the person or persons authorized by the Gov- ernment of the United States to receive the stipulated payments shall deliver up the said obligations, with receipts for the amount thereof, from the said Government. Article III. To ascertain the full amount and, validity of the claims, mentioned in Article I, a Board of Commissioners, consisting of three com citizens of the United States, shall be appointed by the Pres- m 1? sio£er S « DelS- idenfc, by and with the advice and consent of the Senate, who 5£°™uD. -with. re f eretlce to the transit by land through Danish terri- tory of merchandise belonging to the citizens or subjects of such nation, shall also be fully -extended to, and enjoyed by, the. citizens of the United States, and by their vessels and property in that quarter. Article V. The general convention of friendship, commerce, and navigation, con- cluded between the United. States and His Majesty the King 26?°°826?™ep?M) of Denmark, on the 26th of April, 1826, and which was "force. to be aga '° abrogated on the 15th of April, 1856, and the provisions vol. Tin, p. 340. (.stained ] n each and all of its articles, the 5th article alone excepted, shall, after the ratification of this present conven- tion, again become binding upon the United States and Denmark ; it being, however, understood, that a year's notice shall suffice for the ab- rogation of the stipulations of the said convention hereby renewed. Article VI. The present convention shall take effect as soon as the laws to carry when convention it i Q t° operation shall be passed by the Governments of the to take erect. contracting parties, and the sum stipulated to be paid by the United States shall be received by or tendered to Denmark ; and for the fulfilment of these purposes, a period not exceeding twelve months from the signing of this convention shall be allowed. But if, in the interval, an earlier day shall be fixed upon and carried into effect for a free navigation through the Sound and Belts in favor of any other power or powers, the same shall simultaneously be extended to the vessels of the United States and their cargoes, in anticipation of the payment of the sum stipulated in Article III ; it being understood, however, that in that event the Government of the United States shall also pay to that of Denmark four per cent, interest on the said sura, from the day the said immunity shall have gone into operation until the principal shall have been paid as aforesaid. Article VII. The present convention shall be duly ratified, and the exchange of ratifications shall take place in Washington within ten months from the date hereof, or sooner if practicable. In faith whereof the respective Plenipotentiaries have signed the present convention, in duplicate, and have thereunto affixed their seals. Done at Washington this eleventh day of April, in the year of our Lord one thousand eight hundred and fifty-seven, and of the Independ- • ence of the United States the eighty-first. LEWIS CASS. TOBBEN BILLE. SEAL. SEAL. DENMARK, 1861. 215 DENMAKK, 1861. ADDITIONAL ARTICLES TO THE GENERAL CONVENTION OF FREENDSHD?, COMMERCE, AND NAVIGATION BETWEEN -THE UNITED STATES AND DENMARK, OF APRIL 26, 1826, CONCLUDED AT WASHINGTON, JULY 11, 1861 ; RATIFICATIONS EXCHANGED SEPTEMBER 18, 1861 ; PROCLAIMED SEPTEMBER 20, 1861. Additional articles to the general convention of friendship, commerce, and 'navigation, concluded at Washington on the 26th day of April, 1826, between the United States of America and Mis Majesty the King of DenmarJc. The United States of America and His Majesty the King of Denmark, wishing to favor their mutual commerce by affording, in their ports, every necessary assistance to their respective vessels, the undersigned Plenipotentiaries, being duly empowered for that purpose, have agreed upon the following additional articles to the general convention of friend- ship, commerce, and navigation, concluded at Washington on the twenty-sixth day of April, 1826, between the contracting parties. Article I. The respective Consuls-General, Consuls, Vice-Consuls, and commer- cial agents shall have the right as such to sit as judges and 0< m.i.b-oenerai, arbitrators iu such differences as may arise, either at sea or S;°"i to, j U fe ™£J in port, between the captain, officers^ and crew of the ves- arbitra,or " sels belonging to the nation whose interests are committed to their charge, particularly in reference to the adjustment of wages and the execution of contracts, without the interference of the local authorities, unless the conduct of the crew and the officers, or of the captains, should disturb the order or tranquillity of the country, g It is, however, understood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort on their return to the judicial authority of 6ort rt t*th7j™ic r iu ,. , *> u authority. their country. Article II. The Consuls-General, Consuls, Vice-Consuls, and commercial agents are authorized to require the assistance of the local authorities for the search, arrest, and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges and officers, and shall in writing demand said deserters, proving by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, or, if the vessel shall have departed, by copy of said docu- ments duly certified by them, that such individuals form part of the crew ; and on this reclamation being thus substantiated, the surrender shall not be refused, unless there be sufficient proof of the said persons being citizens or subjects of the country where their surrender is de- manded. Such deserters, when arrested, shall be placed at the disposal of said Consuls-General, Consuls, Vice-Consuls, or commercial agents, and may be confined in the public prisons at the request and cost of those who shall claim them, in order to be detained until the time when they .shall be restored to the vessels to which they belonged, or sent back to 216 TREATIES AND CONVENTIONS. their own country by a vessel of the same nation, or any other vessel whatsoever. But if not sent hack within three months from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. However, if the deserter should be found to have committed any crime or offence, his surrender may be delayed until the u°at"i*e ?"™uy tribunal before which his case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. The present additional articles shall have the same force and value Eirect or vrcent 8S i* they were inserted, word for word, in the convention a rtki e ». signed at Washington on the twenty-sixth day of April, one thousand eight hundred and twenty-six, and being approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Den- mark, the ratifications shall be exchanged at Washington within six months from the date hereof, or sooner if possible. In faith whereof we, the undersigned, in virtue of our respective full powers, have signed the present additional articles, and have thereto affixed our seals. Done in triplicate at the city of Washington on the eleventh day of July, in the year of our Lord one thousand eight hundred and sixty-one. WILLIAM H. SEWARD. W. E. EAASLOFF. SEAL.] SEAL.] DOMINICAN REPUBLIC. DOMINICAN EEPUBLIC, 1867. GENERAL CONVENTION OF AMITY, COMMERCE, AND NAVIGATION, AND' FOR THE SURRENDER OF FUGITIVE CRIMINALS, BETWEEN THE UNITED STATES OF AMERICA AND THE DOMINICAN REPUBLIC. SIGNED AT S^ANTO DOMINGO FEBRUARY 8, 1867; RATIFICATIONS EXCHANGED AT SANTO DOMINGO OCTOBER 5, 1867; PROCLAIMED OCTOBER 24, 1867. The United States of America and the Dominican. Eepublic, equally animated with the desire of maintaining the cordial relations and of tightening, if possible, the bonds of friendship between the two countries, as well as to augment, by all the means at their disposal, the commer- cial intercourse of their respective citizens, have mutually resolved to conclude a general convention of amity, commerce, and navigation, and for the surrender of fugitive criminals. For this purpose thay have ap- pointed as their Plenipotentiaries, to 'wit : The President of the United States, John Somers Smith, c °° t ™ 1 "" ! »»'"»■ Commercial Agent of the United States at the city of Santo Domingo, and the President of the Dominican Eepublic, Jose" Gabriel Garcia, Sec- retary of State in the Department of Foreign Eelations, and Juan Eamon Fiallo, ex-Secretary of the Treasury ; Who, after a communication of their respective full powers, have agreed to the following articles : Article I. It is the intention of the high contracting parties that there shall con- tinue to be a firm, inviolable, and universal peace, and a Peace ani friend : true and sincere friendship between the Eepublic of the 8h,p - United States of America and the Dominican Eepublic, and between their respective countries, territories, cities, towns, and people, without exception of persons or places. If, unfortunately, the two nations should become involved in war, one with the other, the term of six Provision ,„ cme months after the declaration thereof shall be allowed to the of war " merchants and other citizens and inhabitants respectively, on each side, during which time they shall be at liberty to withdraw themselves, with their effects and moveables, which they shall have the right to carry away,, send away, or sell, as they please, without the least obstruction^ nor • shall their effects, much less their persons, be seized during such term of six months; on the contrary, passports shall be valid for pasa a term necessary for their return, and shall be given to them for their vessels and the effects which they may wish to carry with them or send away, and such passports shall be a safe-conduct against the in- sults and captures which privateers may attempt against their persons and effects, and the money, debts, shares in the public funds, or in bants, or any other property, personal or real, belonging to the citizens of the one party in the territories of the other, shall not be confiscated or sequestrated. 218 TREATIES AND CONVENTIONS. Article II. The citizens of each of the high contracting parties, residing or estab- Exetoption from lished in the territory of the other, shall be exempt from all SX'.foTceSm'; compulsory military service by sea or by land, and from all *'■ forced loans or military- exactions or requisitions ; nor shall they be compelled to pay any contributions whatever, higher or other than those that are or may 'be paid by native citizens. Article III. The citizens of the contracting parties shall be permitted to enter, mew or resides sojourn, settle and reside in all parts of said territories, and and to do b» 5 ines 3 . guc j 1 ag ma y -rr/jgjj to engage in business shall have the right to hire a nd occupy warehouses, provided they submit to the laws, as well general as special, relative to the rights of travelling, residing, or trading. While they conform to the laws and regulations in force, they shall be at liberty to manage themselves their own business, subject to the jurisdiction of either party, as well in respect to the consignment and sale of their goods by wholesale or retail as with respect to the loading, unloading, and sending off their ships. They may also employ to employ aeents suc ^ 1 a g ents or brokers as they may deem proper, and shall in all these cases be treated as the citizens of the country wherein they reside; it being, nevertheless, distinctly understood that they shall be subject to such laws and regulations also in respect to to have free «cce,s wholesale or retail. They shall have free access to the tri- te judicial tnbunais. k una i s f justice, in cases to which they may be a party, on the same terms which are granted by the laws and usage of the country to native citizens ; for whicli purpose they may employ in defence of their interests and rights such advocates, attorneys, and other agents as they m ay think proper. . Article IV. The citizens of each of the high contracting parties, residing in the L.beny of con- otner > slia11 en J°y tlie m °st perfect liberty of conscience. ^ience LI tiusmus They shall be subjected to no inconveniences whatever on account of their religious belief, nor shall they in any man- ner be annoyed or disturbed in the exercise of their religious worship in private houses, or in the chapels and places which they may select for that purpose ; provided that in so doing they observe the decorum due to the laws, usages, and customs of the country. It is likewise agreed Eight or buriai ^at the citizens of the one country dying in the territory of the other, maybe interred either in the ordinary ceme- teries or in such others as maybe selected for that purpose by their own Government, or by their personal friends or representatives, with the consent of the local authorities. All such cemeteries, and funeral pro- cessions going to or returning from them, shall be protected from viola- tion or disturbance. Article V. The citizens of each of the high contracting parties, within the juris" Disposition of per- diction of the other, shall have power to dispose of their ooaa, pr „ pei . tv . perS0 nal property by sale, donation, testament, or otherwise ; and their personal representatives, being citizens of the other contract DOMINICAN REPUBLIC, 1867. 219 ing party, shall succeed to their personal property, whether by testa- ment or ab intestate. They may take possession thereof, either by them- selves or by others acting for them, at their pleasure, and dispose of the same, paying such duty only as the citizens of the country wherein the said personal property is situated shall be subject to pay in like cases. In the absence of a personal representative, the same care shall be taken of the property as by law would be taken of the property of a native in a similar case, whilst the lawful owner may take measures for secur- ing it. If a question should arise among claimants as to the rightful ownership of the property, the' same shall be finally decided by the judicial tribunals of the country in which it is situated. When on the decease of any person holding real estate within the territory of one party, such real estate would by the law of Ke „, ertate of per . the land descend on a citizen of the other, were he not dis- «"« de «« ed - qualified by alienage, the longest term which the laws of the country in which it is situated will permit shall be accorded to him to dispose of the same ; nor shall he be subjected, in doing so, to higher or other dues than if he were ar citizen of the country wherein such real estate is sit- uated. Article VI. The high contracting parties hereby agree, that whatever kind of produce, manufactures, .or merchandise, of any foreign ^ ^ country can be, from time to time, lawfully imported into the United States in their own vessels, may also be imported in the vessels of the Dominican Eepublic, and no higher or other duties upon the tonnage or cargo of the vessels shall be' levied or col- T?nnaee a „ d other lected, whether the importation be made in a yessel under dutie> - the flag of the United States, or a vessel under the flag of the Domin- ican Eepublic. And, reciprocally, whatever kind of produce, manufac- tures, or merchandise of any foreign country can be, from time to time, lawfully imported into the Dominican Eepublic in her own vessels, may also be imported in vessels of the United States, and no higher or other duties upon the tonnage or cargo of the vessel shall be levied or col- lected, whether the importation be made in a vessel under the flag of the Dominican Eepublic, or under the flag of the United States. "^ Whatever can be lawfully exported or re-exported by one party in its own vessels to any foreign country, may, in like manner, be exported or re-exported in the vessels of the other ; and the same duties, bounties, and drawbacks shall be collected and allowed, whether such exportation or re-exportation be made in vessels of the one or the other. Nor shall higher or other charges of any D to char eB &c kind be imposed in the ports of one party on vessels of the other than are or shall be payable in the same ports by national vessels. Article VII. The preceding article is not applicable to the coasting trade of the contracting parties, which is respectively reserved by each CoMtin , trade re . exclusively for its own citizens. served for cit ' zeM - But vessels of either country shall be allowed to discharge a part of their cargoes at one port, and proceed to anv other port . Ii j. ■ j • • ,. , 1 , , -.. , j-i Discharge of vessels. or ports in the territories ot the other to discharge the re- mainder, 'without paying higher or other port charges or tonnage dues than would be' paid by national vessels in such cases, so long as this liberty shall be conceded to any foreign vessels by the laws of both countries. 220 TREATIES AND CONVENTIONS. Article VIII. For the better understanding of the preceding stipulations, it has wtet to bed™! been agreed that every vessel belonging exclusively to a Dominican vessel., citizen or citizens of the Dominican Republic, and whose captain is also a citizen of the same, such vessel having also complied ■with all the other requisites established by law to acquire such national character, though the construction and crew are or may be foreign, shall be considered, for all the objects of this treaty, as a Dominican vessel. Article IX. No higher or other duty shall be imposed on the importation into the no WBher or other United States of any article the growth, produce, or manu- tttu» on import.. f ac t ure of the Dominican Republic, or of her fisheries; and no higher or other duty shall be imposed on the importation into the Dominican Republic of any article the growth, produce, or manufacture of the United States, or their fisheries, than are or shall be payable on the like articles the growth, produce, or manufacture of any other for- eign country, or its fisheries. No other or higher duties or charges shall be imposed in the United States on the exportation of any article to the Dominican Republic, nor in the Dominican Republic on the exporta- tion of any article to the United States, than such as are or shall be payable on the exportation of the like article to any other foreign country. No prohibition shall be imposed on the importation of any article the growth, produce, or manufacture of the United States or dSSfw'pirto'aif their fisheries, or of the Dominican Republic and her fisher- ies, from or to the ports of the United States or the Domin- ican Republic, which shall not equally extend to every other foreign country. Article X. Should one of the high contracting parties hereafter impose discrim- D,s«im,„Min B du- inating duties upon the products of any other nation, the t " s - other party shall be at liberty to determine the manner of establishing the origin of its own products intended to enter the coun- try by which the discriminating duties are imposed. Article XI. When any vessel of either party shall be wrecked, stranded, or other- wise damaged on the coasts or withiu the jurisdiction of the other, their respective citizens shall receive, as well for themselves as for their vessels and effects, the same assistance which would be due to the inhabitants of the country where the accident hap- pened, and they shall be liable to' pay the same charges and dues of salvage as the said inhabitants would be liable to pay iu a like case. If the repairs which a stranded vessel may require shall render it necessary that the whole or any part of her cargo should «S3s° nnindoTVor be unloaded, no duties of customs, charges, or fe^s on such cargo as may be carried away shall be paid, except such as are payable in like case by national vessels. It is understood, never- theless, that if, while the vessel is under repair, the cargo shall be un- laden and kept in a place of deposit destined for the reception of goods, DOMINICAN REPUBLIC, 1867. 221 the duties on which have not been paid, the cargo shall be liable to the Charges and fees lawfully due to the keepers of such warehouses. Article XII. It shall be lawful for the citizens of either country to sail with their ships and merchandise (contraband goods always excepted) Vrad-.n, c r „,m »..d from any port whatever, to any port of the enemy of the ""»<"»;«('>«*. other, and to sail and trade with their ships and merchandise, with per- fect security and liberty, from the countries, ports, and places of those who are enemies of either party, without any opposition or disturbance whatsoever, and to pass not only directly from the places and ports of the enemy aforementioned, to neutral ports and places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be or be not under the jurisdiction of the same power, unless such ports or places be effectively blockaded, besieged, or invested. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the sarnie is either besieged, blockaded, or invested, it is agreed that every, vessel so circumstanced may be turned away from such port or place, but she shall not be detained, nor any part of her cargo, if not contraband, be confiscated, unless, after notice of such blockade or in- vestment, she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper ; provided the same be not blockaded, besieged, or invested. Nor shall any vessel of either of the parties that may have entered into such port or place be- fore the same was actually.besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor, if found therein after the reduction and surrender of such place, shall such ves- sel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. Article XIII. The liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only which are distinguished by the name of contraband of war, and under this name Co " ,rabiU " 1 of """• shall be comprehended. — 1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, grenades, bombs, powder, matches, balls, and everything be- longing to the use of arms. 2. Bucklers, helmets, breast-blates, coats ^of mail, accoutrements, and clothes made up in military form and for military use. 3. Cavalry belts and horses, with their harness. 4. And, generally, all offensive or defensive arms made of iron, steel, brass, copper, or of any other material prepared and formed to make war by land or at sea. Article XIV. AH other merchandises and things notcomprehendedinthe articles of contraband explicitly enumerated and classified as above shall be held and considered as free, and subjects of free and lawful commerce, so that they be carried and trans 222" TREATIES AND CONVENTIONS. ported in the freest manner by the citizens of both the contracting parties, even to places belonging to an enemy, excepting only those places which are at the time besieged or blockaded. Article XV. ueckrationofprin- The two high contracting parties recognize as permanent dpi™. anf j immutable the following principles, to wit : 1. That free ships make free goods ; that is to say, that the effects Free slips m^e or goods belonging to subjects or citizens of a power or r«e eooda. State at war are free from capture or confiscation when found on board neutral vessels, with the exception of articles contra- band of war. Nratmi property 2. That the property of neutrals on board of an enemy's op enemies' vesaek. vesse i j s no t subject to confiscation, unless the same be con- traband of war. The like neutrality shall be extended to persons who are on board a neutral ship with this effect, that although they maybe enemies of both or either party, they are not to be taken out of that ship, unless they are officers or soldiers, and in the actual service of the enemy. The contracting parties engage to apply these principles to the commerce and navigation of all such powers and States as shall consent to adopt them as permanent and immutable. Article XVI. In time of war the merchant ships belonging to the citizens of either Mercw vemei» °^ tne contracting parties, which, shall be bound to a port m ti™ oTwa/boand of the enemy of one of the parties, and concerning whose u Shibft°pa.Bport 8 voyage and the articles of their cargo there shall be just grounds of suspicion, shall be obliged to exhibit, as well up- on the high seas as in the ports or roads, not only their passports, but likewise their certificates, showing that their goods are not of the qual- ity of those which are specified to be contraband in the thirteenth article of the present convention. Article XVII. And that captures on light suspicions may be avoided,' and injuries p M »port» in time thence arising prevented, it is agreed that when one party ,,r ""' shall be engaged in war, and the other party be neutral, the ships of the neutral party shall be furnished with passports, that it may appear thereby that the ships really belong to the citizens of the neu- tral party ; they shall be valid for any number of voyages, but shall be renewed every year; that is,- if the ship happens to return home in the space of a year. If the ships are laden they shall be provided, not only with the passports above mentioned, but also with certifi- cates, so that it may be known whether they carry any con- traband goods. No other paper shall be required, any usage or ordinance to the contrary notwithstanding. And if it shall not appear from the said certificates that there are contraband goods on board, the ships shall be permitted to proceed on their voyage. If it shall appear from the certificates that there are contraband goods on board any such ship, and the commander of the same shall offer to deliver them up, the ' offer shall be accepted, and a receipt for the same shall be given, and the ship shall be at liberty to pursue its voyage unless the quantity of DOMINICAN REPUBLIC, 1867. 223 the contraband goods be greater than can conveniently be received on board the ship of war or privateer, in which case, as in all other eases of just.detention, the ship shall be carried into the nearest safe and convenient port for the delivery of the same. If any ship shall not be furnished with such passport or certificates as are above required for the same, such case may be exam- Cases when , h[pe ined by a proper judge or tribunal ; and if it shall appear *„Tce?t°totS B K from other documents or proofs, admissible by the usage of e *™ i » e < i > •sa- nations, that the ship belongs to the citizens or subjects of the neutral party, it shall not be confiscated, but shall be released with her cargo, (contraband goods excepted,) and be permitted to proceed on her voy- age. If the master of a ship, named in the passport, should happen to die or be removed by any other cause, and another put in his Proviaion in case place, the ship and cargo shall, nevertheless, be equally se- °< "»»"''■ de « h - cure and the passport remain in full force. Article XVIII. In order to prevent all kinds of disorder in the visiting and examina- tion of the vessels and cargoes of both the contracting parties v ' ijn on the high seas, it is hereby agreed that whenever a ship v ?s ,,eK'c.,.°n'the of war shall meet with a neutral of the other contracting ' sea * I party, the first shall remain at a convenient distance, and may send its boats, with two or three men only, in order to execute the examination of the papers concerning the ownership and cargo of the vessel, with- out causing the least extortion, violence, or ill-treatment, for which the commanders of the said armed ships shall be responsible with their per- sons and property ; for which purpose the commanders of all private armed vessels shall, before receiving their commissions, give sufficient security to answer for all damages they may commit; and it is hereby agreed and understood that the neutral party shall in no case be re- quired to go on board the examining vessel for the purpose of exhibiting his papers, or for any other purpose whatever. Article XIX. It is expressly agreed by the high contracting parties that the stipu- lations above mentioned, relative to the conduct to be observed on the sea by the cruisers of the belligerent party JS^Smfh- towards the ships of the neutral party, shall be applicable 0l only to ships sailing without convoy, and when the said ships shall be convoyed, it being the intention of the parties to observe all the regards due to the protection of the flag displayed by public ships, it shall .not be lawful to visit them ; but the verbal declaration of the commander of the convoy that the ships he convoys belong to the nation whose flag he carries, and that they have no contraband goods on board, shall be considered by the respective cruisers as fully sufficient; the two parties reciprocally engaging not to admit under the protection of their convoys ships which shall have on board contraband goods destined to an enemy. Article XX. In all cases where vessels shall be captured or detained, to be car- • ried into port under pretence of carrying to the enemy con- . ; traband goods, the captor shall give a receipt for such of orcStiT^rVt"" the papers of the vessel as he shall retain, which receipt 224 TREATIES AND CONVENTIONS. shall be annexed to a copy of the said papers ; and it shall be unlawful to break up or open the hatches, chests, trunks, casks, bales, or vessels found on board, or remove the smallest part of the goods, unless the lading be brought on shore in presence of the competent officers, and an inventory be made by them of the same. Nor shall it be lawful to sell, exchange, or alienate the said articles of contraband in any man- ner, unless there shall have been lawful process, aud the competent judge or judges shall have pronounced against such goods sentence of confisca- tion. Article XXI. And in such time of war, that proper care may be taken of the vessel and cargo, and embezzlement prevented, it is agreed that it shall hot be lawful to remove the master, commander, or supercargo of any captured ship from on board thereof, during the time the ship may be at sea after lier capture, or pending the proceedings against her, or her cargo, or anything relating thereto ; and in all cases where a vessel of the citizens of either party shall be captured or saized and held for adjudication, her officers, passengers, and crew shall be hospitably treated. They shall not be, imprisoned or deprived of any part of their wearing apparel, nor of the possession and use of their money, not exceeding for the captain, supercargo, mate, aud passengers five hundred dollars each, and for the sailors one hundred dollars each. Article XXII. It is further agreed that in all cases the established courts for prize couru, for P riz e causes, in the country to which the prizes may be conducted, cause.. shall alone take cognizance of them. And whenever such tribunal of either of the parties shall pronounce judgment against any vessel or goods, or property claimed by the citizens of the other party, "the sentence or decree shall mention the reasons or motives on which the same shall have been founded, and an authenticated copy of the sentence or decree, and of all the proceedings in the case, shall, if de- manded, be delivered to the commander or agent of the said vessel without any delay, he paying the legal fees for the same. Article XXIII. When the ships of war of the two contracting parties, or those belonging Nouutr,&c.,o n to their citizens, which are armed in war, shall be admitted pn,esbii», &c to en t er -with their prizes the ports of either of the two par- ties, the said public or private ships, as well as their prizes, shall not be obliged to pay any duty either to the officers of the place, the judges, or any others; nor shall such prizes, when they come to and enter the ports of either party, be arrested, or seized, nor shall the officers of the place make examination concerning the lawfulness of such prizes, but they may hoist sail at any time and depart and carry their prizes to the places expressed in their commissions, which the commanders of such ships of war shall be obliged to show. It is understood, however, that the privileges conferred by this article shall not extend beyond those allowed by law or by treaty with the most favored nations. Article XXIV. 'It shall not be lawful for any foreign privateers who have commissions .private or h». from any prince or State in enmity with either nation, to fit i.iepo» Bni . thejr 8n }p 8 j n tue p 0r ts of either, to sell their prizes, or in any manner to exchange them ; neither shall they be allowed to pur DOMINICAN REPUBLIC, 1867. 225 chase provisions, except such as shall be necessary to their going to the next port of that prince or State from which they have received their commissions. Article XXV. Eo citizen of the Dominican Bepublic shall apply for or take any commission or letters of marque for arming any ship or ;„ r , her p roV i,i OI18 ships to act as privateers against the said United States, or m l "' iM * • any of them, or against the citizens, people, or inhabitants of the said United States, or any of them, or against the property of any of the inhabitants of any of them, from any prince or State with which the said United States shall be at war ; nor shall any citizen or inhabitant of the said United States, or any of them, apply for or take any com- mission or letters of marque for arming any ship or ships to act as privateers against the citizens or inhabitants of the Dominican Bepub- lic, or any of them, or the property of any of them, from any prince or State with Which the said republic shall be at war ; and if any person of either nation shall take such commissions of letters of marque, he shall be punished according to their respective laws. Article XXVI. The high' contracting parties grant to each other the liberty of having in the ports of the other Consuls or Vice-Consuls of their c <,n,ui»,rice-o... own appointment, who shall enjoy the same privileges and ,uls ' &c - powers as those of the most favored nation ; but if any of the said Con-" suls or Vice-Consuls shall carry on trade, they shall be subjected to the same laws and usages to which private individuals of their nation are' subjected in the same place. It is understood that whenever either of the two contracting parties shall select a citizen of the other for a Consular Agent to reside in any ports or commercial places of the latter, such Consul or Agent shall continue to be regarded, notwithstanding his quality of a foreign Consul, as a citizen of the nation to which he be- longs, and consequently shall be subject to the laws and regulations to which natives are subjected in the place of his residence. This obliga- tion, however, shall in no respect embarrass the exercise of his consular functions or affect the inviolability of the consular archives. The said Consuls and Vice-Consuls shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the masters and crews of the vessel belonging to the nation whose in- terests are committed t6 their charge without the interference of the local authorities, unless their assistance should be required, or the con- duct of the crews or of the captain should disturb the order or tranquil- lity of the country. It is, however, understood that this species of judg- ment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their own country. The said Consuls and Vice-Consuls are authorized to require the as- sistance of the local authorities for the arrest and imprison- Daerte r.fcomv e . ment of the. deserters from the ships of war and merchant Mla - vessels of their country. For this purpose they shall apply to the com- petent tribunals, judges, and officers, and shall, in writing, demand such deserters, proving, by the exhibition of the registers of the vessels, the muster-rolls of the crews, or by any other official documents, that such individuals formed part of the crews ; and on this claim being substanti- 15 226 TREATIES AND CONVENTIONS. ated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the Consuls and Vice-Consuls, and may be confined in the public prisons at the request and cost of those who shall claim them,, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months of the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause. However, if the deserter shall be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which his case shall be pending shall have pronounced its sentence, and such sentence shall have been car- ried into effect. ' Article XXVII. The United States of America and the Dominican Bepublic, on requi- Extradiuon of sitions made in their name through the medium of their re- criminais. spective Diplomatic and Consular Agents, shtdl deliver up td justice persons who, being charged with the crimes-enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum, or shall be found within the territories of the other : Provided, That this shall be done only when the fact of the commission of the crime shall be so established as to jnstify their apprehension and commitment for trial, if the crime had been committed in the country where the persons so accused shall be found; in all of which the tribunals of said country shall proceed and decide according to their own laws. Article XXVIII. Persons shall be delivered up according to the provisions of this con- vention, who shall be charged with any of the following surr'Sd™ " ti "e crimes, to wit : Murder, (including assassination, parricide, infanticide, and poisoning;) attemptto commit murder; rape; v forgery ; the counterfeiting of money ; arson ; robbery with violence, intimidation, or forcible entry of an inhabited house ; piracy ; embez- zlement by public officers, or by persons hired or salaried, to the detri- ment of their employers, when these crimes are subject to infamoris pun- ishment. Article XXIX. On the part of each country the surrender shall be made only by the surrender k w to authority of the Executive thereof. The expenses of deten- te nmde. E*p e »»e.. t j on an( j d e ii verV) effected in virtue of the preceding articles, shall be at the cost of the party making the demand. Article XXX. The provisions of the aforegoing articles relating to the surrender of. no surrender for fugitive criminals shall not apply to offences committed political offers, before the date hereof, nor to those of a political char- ■ acter. Article XXXL This convention is concluded for the term of eight years, dating from co„,e Mi „n to last the exchange of the ratifications ; and if one year before the for eight year.. expiration of that period neither of the contracting parties shall have announced, by an official notification, its intention to the DOMINICAN REPUBLIC, 1867. 227 other to arrest the operations of said convention, it shall con- tinue binding for twelve months longer, and so on, from year to year, until the expiration of the twelve months which will follow a similar declaration, whatever the time at which it may take place. Article XXXII. - This convention shall he submitted on both sides to the approval and ratification of the respective competent authorities of each convention to b= of the contracting parties, and the ratifications shall be ratifiei exchanged at Santo Domingo as soon as circumstances shall admit. In faith whereof the respective Plenipotentiaries have signed the aforegoing articles, in the English and Spanish languages, and they have hereunto affixed their seals. Done in duplicate at the city of Santo Domingo, this eighth day of February, in the year of our Lord one thousand eight hundred and sixty-seven. JNO. SOMEES SMITH. JOSE G-. GAECIA. JUAN E. FIALLO. L. S. L. S. L. S. EOUADOE. ECUADOE, 1839. TREATY WITH ECUADOR, CONCLUDED JUNE 13, 1839; RATIFICATIONS EXCHANGED AT QUITO APRIL 9, 1842; PROCLAIMED SEPTEMBER 23, 1842. Treaty of peace, friendship, navigation, and commerce between the United States of America and the Republic of Ecuador. The United States of America and the Eepublic of Ecuador, desiring to make lasting and firm the friendship and good understanding which happily prevails between both nations} have resolved to fix, in a man- ner clear, distinct, and positive, the rules which shall in future be re- ligiously observed between the one and the other, by means of a treaty of friendship, commerce, and navigation. For this most desirable object the President of the United States of America has conferred full powers on James 0. Pickett, a citizen of the said States, and the President of the Eepublic of Ecuador, on Doctor Luis de Saa, Minister of Finance, charged with the Department of the Interior and Foreign Eelations; who, after having exchanged their said full powers in due and proper form, have agreed to the following articles : Article I. There shall be a perfect, firm, and inviolable peace and sincere friend- - to be » peace and ship between the United States of America and the Eepublic riendshb. f E cua » otier. ^ith all, engage mutually not to grant any particular favor to other nations in respect of commerce and navigation which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession was freely made, or, on allowing the same compensation, if the concession was conditional. Article III. The two high contracting parties, being likewise desirous of placing Mut„ai be„e6t. in the commerce and navigation of their respective countries to" d be a *e d ,uaiir e en! on the liberal basis of perfect equality and reciprocity, sored. , mutually agree that the citizens of each may frequent all the coasts and countries of the other, and reside and trade there in all kinds of produce, .manufactures, and merchandise ; and they shall ECUADOR, 1839. , 229 enjoy all the rights, privileges, and exemptions in navigation and com- merce which native citizens do or shall enjoy, submitting themselves to the laws, decrees, and usages there established, to which native citi- zens are subjected ; but it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties respectively, according to their own separate laws. And it is further agreed that this article shall be subject to the following modification : That whereas, by a law of Ecuador of March PpiTilwl . maud 21st, 1837, vessels built in the dock-yard of Guayaquil sball JL'TJ'k-yS 1 ■£ be exempted from various charges, therefore vessels of the o»ww»- United States cannot claim this privilege, but shall enjoy it if it should be granted to vessels belonging to Spain, or to Mexico, and to the other Hispano- American Eepublics. Article IV. They likewise agree that whatever kind of produce, manufactures, or merchandise of any foreign country can be, from time to E BiBMtk) time, lawfully imported into the United States in their own a«£j£JSbx£ vessels, may be also imported in the vessels of the Eepublic of Ecuador ; and that no higher or other duties upon the tonnage of th&vessel and her cargo shall be levied and collected, whether the im- portation be made in the vessels of the one country or of the other; and, in like manner, that whatever kind of produce, manufactures, or merchandise of any foreign country can be, tfrom time to time, lawfully imported into the Eepublic of Ecuador in its own vessels, may be also imported in vessels of the United States ; and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied or collected, whether the importation be made in vessels of the one country or of the other. And they agree that whatever may be lawfully exported or re-exported from the one country in tion™"n «ie° t «amJ its own vessels, to any foreign country, may, in like man- £S, "VmiKE ner, be exported or re-exported in the vessels of the other thereo °' &c country. And the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of the Eepublic of Ecuador. Article Y. For the better understanding of the preceding article, and taking into consideration the actual state of the commercial marine of t , h , H i, ec0 „. Ecuador^ it has been stipulated and agreed that all vessels ..S ts Ec„ad e <.ri"„ belonging exclusively to a citizen or citizens of said Eepublic, and whose captain is also a citizen of the same, though the construction or the crew are or may be foreign, shall be considered, for all the objects of this treaty, as an Ecuadorian vessel. Article VI. No higher or other duties shall be imposed on the importation into the United States of any articles, the produce or manufac- importation and tures of the Eepublic of Ecuador ; and no higher or other l™'£S™J? t o£ duties shall be imposed on the importation into the Eepublic mB - of Ecuador of any articles, the produce or manufactures of the United States, than are or shall be payable on the like articles, being the pro- duce or manufactures of any other for eign country ; nor shall any higher '230 TREATIES AND CONVENTIONS. or other duties or charges be imposed in either of the two countries, on the exportation of any articles to the United States or to the Eepublic of Ecuador, respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed on the exportation or importation of any articles tio N n » p t a o rtI be pr « S: the produce or manufactures of the United States or of the liBhed. Eepublic of Ecuador, to or from the territories of the United States, or to or from the territories of the Eepublic of Ecuador, which . shall not equally extend to all other nations. Article VII. It is likewise agreed that it shall be wholly free for ali merchants, cite™ of either commanders of ships, and other citizens of both countries, o™ t b»™S e in h thI to manage themselves their own business in all the ports Sta'Se'ated'Sdti- an< i places subject to the jurisdiction of each other, as well 2 ens thereof. yfith respect to the consignment and sale of their goods and merchandise by wholesale or retail, as with respect to the loading, un- loading, and sending off their ships ; they being in all these cases to be treated as citizens of the country in which they reside, or, at least, to be placed on a footing with the subjects or citizens of the most favored nation. They shall be subject, however, to such general taxes and con- tributions as are or may be established by law. Article VIII. The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, wSo»t m imremnifici- merchandises, or effects for any military expedition, nor for any public or private purpose whatever, without allowing to those interested a sufficient indemnification. Article IX. Whenever the citizens of either of the contracting parties shall be ve»«ei.seek,ng re - forced to Seek refuge or asylum in the rivers, bays, ports, or we^VcrS be dominions of the other, with their vessels, whether merchant protected, &J. or f war> public or private, through stress of weather, pursuit of pirates or enemies, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships, procuring provisions, and placing themselves in a situation to con- tinue their voyage without obstacle or hindrance of any kind. Article X. All the ships, merchandise, and the effects belonging to the citizens captures by pi- of one of the contracting parties, which may be capture^ mes to be reatored. ^j pirates, whether within the limits of its jurisdiction or on the high seas, and may be carried or found in the rivers, roads, bays, ports, or dominions of the other, shall be delivered up to the owners, they proving, in due and proper form, their rights before the com- petent tribunals, it being well understood that the claim should be made within the term of one year by the parties themselves, their attorneys, or agents of their respective Governments. ECUADOR, 1839. 231 Article XI. When any vessels belonging to the citizens of either of the contract- ing parties shall be wrecked, foundered, or shall suffer any w ^ damage on the coasts or within the dominions of the other, there shall be given to them all assistance and protection, in the same manner which is usual and customary with the vessels of the nation where the damage happens, permitting them to unload the said vessel-, if neces- sary, of *its merchandise and, effects, without exacting for it any duty, impost, or contribution whatever, unless they be destined for con- sumption. Article XII. The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the c .-.^ 8 ^ other, by sale, donation, testament, or otherwise, and their f^/™f££» p ™{^ representatives, being citizens of the other party, shall sue- »Xn e SnuSc- ceed to their said personal goods, whether by testament or """"' ab intestato, and they may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their will, pay- ing such duties only as the inhabitants of the country wherein the said goods are«shall be subject to pay in like cases. And if, in lQCilseorrealeatate the case of real estate, the sajd heirs would be prevented from entering into the possession, of the inheritance on account of their character of aliens, there shall be granted to them the term of three years to dispose of the same as they may think proper, and to withdraw the proceeds without molestation, nor any other charges than those which are imposed by the laws of the country. Article XIII. Both the contracting parties promise and engage, formally, to give their special protection to the persons and property of the Protel .tion to P8 r- citizens of each other, of all occupations, who may be in the >°»«»""'i"'°i"*M r - territories subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of jus- tice for their judicial recourse, on the same terms which are usual and customary with the natives or citizens of the country in which they may be ; for which they may employ, in defence of their rights, such advocates, solicitors, notaries, agents, and factors as they mayjudge proper, in all their trials at law; and such citizens or agents shall. have free opportunity to be present at the decisions and sentences of the tribunals in all cases which may concern them, and likewise at the taking of all examinations and evidence which may be exhibited on the said trials. Article XIY. It is likewise agreed that the most perfect and entire security of con- science may be enjoyed by the citizens of both the contract- ... ,t , . i. , ■ i . • -l. /• j? Liberty or con- ing parties, in the countries subject to the jurisdiction ot j^™?;,^^" 68 the one and the other, without their being\liable to be dis- turbed or molested on account of their religious, belief, so long as they respect the laws and established usages of the country. Moreover, the bodies of the citizens of one of the contracting parties, who may die in the territories of the other, shall be buried in the usual burying- grounds, or in other decent or suitable places, and shall be protected from violation or disturbance. 232 TREATIES AND CONVENTIONS. Article XV. It shall be lawful for the citizens of the United States of America and Both partie. >t of tne Republic of Ecuador to sail with their ships with 'thSeSwwilh a11 manner of liberty and security, no distinction being made either, &c. -^Jjq are ^ ne proprietors of the merchandises laden thereon, from any port to the places of those who now are or hereafter shall be at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with their ships and merchan- dises before mentioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever ; not only directly from the places of the enemy before mentioned, to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one power or under several. And it is hereby stipulated, that free ships shall also give freedom to goods, and that everything shall wodT- contraband be deemed free and exempt which shall be found on board the ships belonging to the citizens of either of the contract- ing parties, although the whole lading, or any part thereof, should ap- pertain to the enemies of either, contraband goods being always ex- cepted. It is also agreed, in like manner, that the same liberty shall be extended to persons who are on board a free ship, with this effect, that, although they may be enemies to both or either party, they are not to be taken out of that free ship, unless they are officers or soldiers, and in the actual service of the enemies : Provided, however, and it is hereby agreed, that the stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those powers only who recognize this principle; but if either of the two con- tracting parties shall be at war with a third, and the other neutral, the flag of the neutral shall cover the property of enemies whose govern- ments acknowledge this principle, and not of others. Article 1 XVI. It is likewise agreed, that in the case where the neutral flag ot one of ■when enemy's the contracting parties shall protect the property of the en- KTn'r'a nlutrai emies of the other, by virtue of the above stipulations, it Ba B , must be shipped, s h a ii always be understood thajb the neutral property found on board such enemy's vessels shall be held and considered as enemy's property, and, as such, shall be liable to detention and confiscation ; ex- cept such property as was put on board such vessel before the declara- tipn of war, or even afterwards, if it were done without the knowledge of it; but the contracting parties agree, that six months having elapsed after the declaration, their citizens shall not plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy's property, in that case, the goods and merchandises of the neutral, em- barked in such enemy's ship, shall be free. 'Article XVII. This liberty of navigation and commerce shall extend to all kinds ot contraband sped- merchandise, excepting those only which are distinguished Aei by the name of contraband ; and under this name of contra- band or prohibited goods shall be comprehended : 1st. Cannons, mortars', howitzers, swivels, blunderbusses, muskets,- ECUADOR, 1839. 233 fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, hal- berds, and' grenades; bombs, powder, matches, balls, and all other things belonging to the use of these arms. 2nd. Bucklers, helmets, breastplates, coats of mail, infantry belts, and clothes made up in military form, and for military use. 3rd. Cavalry belts, and horses with their furniture. 4th. And, generally, all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed expressly to make war, by sea or land. Article XVIIL All other merchandises and things not comprehended in the articles of contraband explicitly enumerated and classified as above Gooda not contra . shall be held and considered as free, and subjects of free b " n,J - and lawful commerce, so that they may be carried and transported in the freest manner, by the citizens of both the contracting parties, even to places belonging to an enemy, excepting only those places which are, at that time, besieged or blockaded ; and to avoid all doubt in this par- • ticular, it is declared that those places only are besieged or 0efi „ it j q „ or a blockaded which are actually attacked by a belligerent force b,ocku,te - capable' of preventing the entry of a neutral. Article XIX. The articles of contraband before enumerated and classified, which may be found in a vessel bolind for an enemy's port, shall, contraband o„i y be subject to detention and confiscation, leaving free the liable t0 co " fi » catiii °- rest of the cargo and the ship, that the owners may dispose of them as they may see proper. No vessel of either of the two nations shall be detained oh the high seas on account of having on board articles of con- traband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great, or of so large a bulk, that they cannot be received on board the capturing ship without great inconvenience ; but in this and in all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port, for trial and judgment, ac- cording to law. Article XX. And whereas it frequently happens that vessels sail for a port or places belonging to -an enemy, without knowing that the In caae » „f biock- same is besieged, blockaded, or invested, it is agreed that ??^Tu1 s n°t be dir every vessel so circumstanced may be turned away from tained ' &c - such port or place, but shall not be detained, nor shall any part of her cargo, if not. contraband, be confiscated, unless, after warning of such blockade or investment, from any officer commanding a vessel of the blockading forces, they shall again attempt to enter ; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either, that may have entered into such port before the same was actuallybesieged, blockaded, or invest- VeMeU entMhi| ed by the other, be restrained from quitting such place with b.r«™ b^^niay her cargo ; nor, if found therein, after the reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. • 234 , TREATIES AND CONVENTIONS. . Article XXI. la order to prevent all kinds of disorder, in the visiting and examin- ation of the ships and cargoes of both the contracting par- ne "°"rmed Te'seis ties, on the high seas, they have agreed, mutually, that,. STfi*^ whenever a vessel of war, public or private, shall meet with .„a„o„,obe m ade. a neutral of the other contrac ting party, the first shall re- main out of cannon-shot, and may send its boats with two or three men only, in order' to execute the said examination of the papers, concerning the ownership and cargo of the vessel, without causing the least extor- tion, violence, or ill treatment, for which the commanders of the said armed ships shall be responsible with their persons and property, for which purpose the commanders of the said private armed vessel' shall, before receiving their commissions, give sufficient security to answer for all the damages they may commit; and it is expressly agreed that the neutral party shall, in no case, be required to go on board the ex- amining vessel for the purpose. of exhibiting his papers, or for any other purpose whatever. Article XXII. To avoid all kind of vexation and abuse in the examination of the in case of war, papers relating to the ownership of the vessels belonging Ste'rfcawT&'ct to the citizens of the two contracting parties, they have lLJ° e i um who„; agreed, |and do agree, that in case one of them should be u» poverty beiow. en gaged in war, the ships and vessels belonging to the citi- - zens of the other must be furnished with sea-letters or passports, ex- pressing the name, property, and bulk of the ships ; as also the name and place of habitation of the master and commander of said vessel, in order that it may thereby appear that said ship truly belongs to the citizens of one of the parties. They have likewise agreed, that such ships being laden, besides the said sea-letters or passports, shall also be provided with certificates containing the several particulars of the cargo, and the place whence the ship sailed, so that it may be known whether any forbidden or contraband goods be on board the same ; which certificates shall be made out by the officers of the place whence the ship sailed, in the accustomed farm ; without such requisites said vessels may be detained, to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be proved to be owing to accident, and satisfied or supplied by testimony entirely equiv- alent. Article XXIII. It is further agreed that the stipulations above expressed, relative to viaitm re HUons *^ e visiting and examination of vessels, shall apply only to apply'™!™ "Ss those which sail without convoy; and when said vessels shall be under convoy, the verbal declaration of the com- mander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag he carries, and when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient. Article XXIV. It is further agreed that, in all cases, the established courts for pme causes to be P r i ze causes, in the country to which the prizes may be SbeJSFlsH con( incted, shall alone take cognizance of them; and when- ever such tribunals, of either party, shall pronounce judg- ' ECUADOR, 1839. 235 ment against any vessel, or goods, or property claimed by the citizens of the other party, the sentence or decree shall mention Decree of col) . the reasons or motives on which the same shall have been S"S reason. founded, and an authenticated copy of the sentence or de- tl ". te ° £ cree, and of all the proceedings in the case, shall, if demanded, be de- livered to the commander or agent of said vessel, without any delay, he paying the legal fees for the same. Article XXV. Whenever one of the contracting parties shall be engaged in war with another state, no citizen Of the other contracting party citi7en80f „ either shall accept a commission or letter of marque, for the pur- K w ,e" ic e e n T an pose of assisting or co-operating hostilely with the said ™w or the other enemy, against the said party so at war, under the pain of being con- sidered as a pirate. Article XXVI. If by any fatality, which cannot be expected, and which God forbid, the two contracting parties should be engaged in a war . ,- _ ., ,, , i -i-i j? In c!u *e or war, with each other, they have agreed, and do agree, now tor merchant. .mowed then, that there shall be allowed the term of six months to buT™"™^™^ the merchants residing on the coasts and in the ports of port each other, and the term of one year to those who dwell in the interior, to arrange their business and transport their effects wherever they please, giving to them the safe-conduct necessary for it, which may serve as a sufficient protection, until they arrive at the designated port. The citizens of all other occupations, who may be estab- lished in the territoriesor dominions of the United States and occu'p'Ku. 1? Z the Eepublic of Ecuador, shall.be respected and maintained """"" in the full enjoyment of their personal liberty and property,. unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. Article XXVII. Neither the debts due from individuals of the one nation to the indi- viduals of the other, nor shares, nor moneys, which they Ko creation. may have in public funds, nor in public nor private banks, *"<*»* <**"• shall ever, in any event of war, or of national difference, be sequestered or confiscated. Article XXVIII. Both the contracting parties, being desirous of avoiding all inequality in relation to their public communications and official inter- 1 ^ Minister, and other course, have agreed, and do agree, to grant to the envoys, p" ^"^ ' f ° v ^ ministers, and other public agents, the same favors, immu- •*a*mvttotm*,«t nities, and exemptions which those of the most favored na- tion do or shall enjoy; it being understood, that whatever favors, im- munities, or privileges, the United States of America or the Eepublic of Ecuador may find it proper to give to the ministers and other public agents of any other power, shall, by the same act, be extended to those of each of the contracting parties. 236 TREATIES AND CONVENTIONS. Article XXIX. To make more effectual the protection which the United States and consuls ana vke. the Eepublic of Ecuador shall afford in future, to the navi- to™rt9oS"o d f£ gation and commerce of the citizens of each other, they eign commerce, agree to receive and admit Consuls and Vice-Consuls in all. the ports open to foreign commerce, who shall enjoy in them all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation ; each contracting party, however, remaining at liberty to except those ports and place's in which the admission and residence of such Consuls and "Vice-Consuls may not seem convenient. Article XXX. In order that the Consuls and Yice-Consuls of the two contracting co M ui. to ex^o* parties may enjoy the rights, prerogatives, and immunities £? obito"™" 1 ,^ which belong to them by their public character, they shall, be rsb cras!d t e n re y d !h a 1 . before entering on the exercise of their functions, exhibit ""?■• their commission or patent in due form to the Government to which they are accredited ; and, having obtained their exequatur, they shall be held and considered as such, by all the authorities, magistrates and inhabitants "in the consular district in which they reside. Article XXXI. It is likewise agreed that the Cdhsuls, their secretaries, officers, and cons«i» &c ex- P ersons attached to the service of Consuls, they not being 2™™ « r « in citizens of the country in which the Consul resides, shall be exempted from all kinds of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of com- merce or their property, to which the citizens and inhabitants, native and foreign, of the country in which they reside, are subject ; being in everything besides subject to the laws of the respective states. The archives and papers of the consulates shall be respected inviolably, and i-beir archives and under no pretext whatever shall any magistrate seize or paper, imioiabie. in any way interfere with them. Article XXXII. The said Consuls shall have power to require the assistance of the con.„is may re- authorities of the country, for the arrest, detention, and o?fteau\hbrme. n in custody of deserters from the public and private vessels of ""cur™ deser,er8 - their country ; and for that purpose they shall address them- selves to the courts, judges, and officers competent, and shall demand the said deserters in writing ; proving by an exhibition, of the register Mode of nroceedin, of the vessel ' s ° r ship's roll, or other public documents, that those men were part of the said crews, and on this demand, so proved, (saving, however, where the contrary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the Deserters, low to disposal of said Consuls, and maybe put in the public prisons be d-posed of, . at tlie re q ues t an( j expense of those who reclaim them, to be sent to the ships to which they belonged, or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. ECUADOR, 1839. 237 Article XXXIII. , For the purpose of more effectually protecting their- commerce and navigation, the two contracting parties do hereby agree, as AconsularcraTen . soon hereafter as. circumstances will permit them, to form a tionto be formed - consular convention, which shall declare especially the powers and immunities of the Consuls and Vice-Consuls of the respective parties. Article XXXIV. It is further agreed, that the words, " most favored nation," that occur in this treaty, shall not be so construed as to prevent either con.tn.ctiont.be of the contracting parties from concluding any treaty or ?.™T u faV h o 6 re 7 r n"- co'nvention with any other nation or State it may think lion ^' proper, as freely and as fully as though said words were not used: Provided, however, That notwithstanding any such treaty or conventioo, the ,citizens of the United States shall be placed in Ecuador, with respect to navigation and commerce, upon an equal footing with the subjects of Spain and with the citizens of Mexico and of the other Hispano American States, with which treaties have been .or may be concluded ; and that the citizens of Ecuador shall be entitled to enjoy, in the United States, the same rights and privileges, with re- spect to navigation and commerce, that the citizens of the United States enjoy, or shall enjoy, in Ecuador. Article XXXV. , The United States of America and the Eepublic of Ecuador, desiring to make as durable as circumstances will permit the rela- tions which are to be established between the two parties, o?^a?££p£ by virtue of this treaty of peace, amity, commerce, and navi- gation, have declared solemnly and do agree to the following points : 1st. The present treaty shall remain in full force and virtue for the term of twelve years, to be counted from the day of exchange of the ratifications, and further, until the end of one year x>ur,,t " mol ' tre, > tT after either of the contracting parties shall have given notiee to the other of its intention to terminate the same ; each of the contracting parties reserving to itself, the right of giving such notice to the other at the end of said term of twelve years : And it is hereby agreed between them, that, on the expiration of one year after such notice shall have been received by either, from the other party, this treaty, in all its parts relative, to commerce and navigation, shall altogether cease and deter- mine, and in all those parts which relate to peace and friendship, it shall be perpetually and permanently binding on both powers. 2nd., If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizen shall be held personally responsible for the same, and harmony and good correspondence be- tween the two nations shall not be interrupted thereby, each party engaging in no way to protect the offender, or sanction such violation. 3rd. If, (what indeed cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated or ■ />• ... - r , ...^ -i i*ij-J Reprisals not to be infringed in any way whatever, it is expressly stipulated 5»*° t r e i j ed j in °° r ™ r that neither of the contracting parties will order or authorize ««"£» been X n . i * . i. j.1 j-1- manded and refused, any act of reprisal, nor declare war against the otner on « unreasonably de- complaints of injuries or damages, until the said party con- sidering itself offended shall first have presented to the other a state- 238 TREATIES AND CONVENTIONS. ment of such injuries or damages, verified by competent proofs, and demanded justice, and the same shall have been either refused or un- reasonably delayed. 4th. Nothing in this treaty shall, however, be construed or operate contrary to former and existing public treaties with- other sovereigns and states. The present treaty of peace, amity, commerce, and navigation, shall be approved and ratified by the President of the United States of America, by and with the advice and ponsent of the Senate thereof, and by the President of the Eepublic of Ecuador, with the consent and approbation of the Congress of the same; and the ratifications shall be exchanged in the city of Quito, within three years, to be counted from the date of the signature hereof, or sooner if possible. * In faith whereof, we, the Plenipotentiaries of the United States of America and of the Eepublic of Ecuador, have signed and sealed these presents. Done in the city of Quito on the thirteenth day of June, in tbe year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-third year of the Independence of the United States of America and the twenty-ninth of that of the Eepublic of Ecuador. J. C. PICKETT, [seal. LUIS DE SAA. [seal.; ECUADOE, 1862. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OP ECUADOR, FOR THE ADJUSTMENT OF CLAIMS. CON- CLUDED AT GUAYAQUIL, NOVEMBER 25, 1862; RATIFICATIONS EXCHANGED «*A.T QUITO, JULY 27, 1864 ; PROCLAIMED SEPTEMBER 8, 1864. The United States of America and the Eepublic of Ecuador, desiring contracting pa rt ,e 8 *° a djust * De claims of citizens of said States against Ecua- dor, and of citizens of Ecuador against the United States, have, for that purpose, appointed and conferred full powers, respect- ively, to wit : The President of the United States on Frederick Hassaurek, Minister Eesideht of the United States in Ecuador, and the President of Ecuador on Juan Jos6 Flores, General-in-Chief of the Armies of the Eepublic ; Who, after exchanging their full powers, which were found in good and proper form, have agreed on the following articles : Akticle I. All claims on the part of corporations, companies, or individuals, citi- ciai™ between zens of the United States, upon the Government of Ecuador, u™t c „°tT«f™S" or of corporations, companies, or individuals, citizens of co»mi a .,o„ e ,». Ecuador, upon the Government of the United States, shall, be referred to a Board of Commissioners, consisting of two members, one av ointment of w ^ om shall be appointed by the Government of the United States, and one by the Government of Ecuador. In case of death, absence, resignation, or incapacity of either commissioner, or in the event of either commissioner omitting or ceasing to act, the Gov- ernment of the United States or that of Ecuador, respectively, or the Ytaaxt Minister of the United States in Ecuador, in the name of his Government, shall forthwith proceed to fill the vacancy ECUADOR, 1862. 239 thus occasioned. The commissioners so named shall meet in the city of Guayaquil within ninety days from the exchange of the T me ratifications of this convention, and before proceeding to business shall make solemn oath that they will carefully examine and impartially decide according to justice, and in compliance with the provisions of this convention, all claims that shall be submitted to them; and such oath shall be entered on the record of their proceedings. The commissioners shall then proceed to name an arbitrator or um- pire, to decide upon any case or cases concerning which they -may disagree, or upon any point Of difference which may arise in the course of their proceedings. And if they cannot agree in the selection, the umpire shall be appointed by her Britannic Maj- esty's Charge" d' Affaires, or (exceptin g the Minister Resident of the United States) by any other diplomatic agent in Quito whom the two high con- tracting parties shall invite to make such appointment. Article II. The arbitator or umpire being appointed, the commissioners shall, without delay, proceed to examine the claims which may be Exaininat i 0n „( presented to them by either of the "two Governments ; and aim8 - they shall hear, if required, one person in behalf of each Government on every separate claim. Each Government shall furnish, upon Papers t0 be fur . request of either commissioner, such papers in its possession niak '" L as may be deemed importaDt to the just determination of any claim or claims. In cases where they agree to award an indemnity, they shall deter- mine the amount to be paid. In cases in which said commis- Am0Mts to Ue iid sioners cannot agree, the points-df difference shall be referred Xmm to the umpire, before whom each of the commissioners may be heard, and whose decision shall be final. Article III. The commissioners shall issue certificates of the sums to be paid to the claimants, respectively, whether by virtue of the awards certificates .. agreed to between themselves or of those made by the urn- amo, "" s awarde ^ pire; and the aggregate amount of all sums decreed by the commis- sioners, 'and of all sums accruing from awards made by the umpire under the authority conferred by the fifth article, shall be paid to the Government to which the respective claimants belong. Pay- r „ men ^ ment of said sums shall be made in equal annual instal- ments, to be completed within nine years from the date of the termina- tion of the labors of the commission,' the first payment to be made six months after the same date. To meet these payments both Governments pledge the revenues of their respective na- tions. Article IV. Revenues pledged. The commission shall terminate its labors in twelve months from the date of its organization. They shall keep a record of their proceedings, and may appoint a secretary versed in the knowledge of the English and Spanish lan- guages. End of commission 240 TREATIES AND CONVENTIONS. Article V. The proceedings of this commission shall be final and conclusive pireedhue to be "with respect to all pending claims. Claims which shall not SinBdaim" t0 he presented to the commission within the twelve months it claims to be pre- remains in existence will be disregarded by both Govern- S"™ eSs. c0 "" ments, and considered invalid. In the event that, upon the D U ty or a™™ a. termination of the labors of said commission, any case or to certain caee». case s should be pending before the umpire, and awaiting his decision, said umpire is hereby authorized to make his decision or award in such case or cases, and his certificate thereof in each case, transmitted to each of the two Governments, shall be held to be binding and conclusive: Provided, however, That his decision shall be given within thirty days from the termination of the labors of the commis- sion, at the "expiration of which thirty days his power and authority shall cease. Article VI. Each Government shall pay its own commissioner ; but the umpire, as pay of commis- well as the incidental expenses of the commission, shall be SSpL-1 and ° r tk ° paid one-half by the United States and the other half by Ecuador. Article VII. The present convention shall be ratified and the ratifications exchanged in the city of Quito. In faith whereof, we, the respective Plenipotentiaries, have signed this convention and hereunto affixed our seals, in the city of Guayaquil, this twenty -fifth day of November, in the year of our Lord 1862. E. HASSATJEEK. [l. a.] JUAN" JOSE FLOBES. [l. s.j "» FRANCE FEANCE, 1778. » [An act of Congress approved July 7, 1798, (1 Statutes at Large, 578,) declared " that the United States are of right freed and exonerated from the stipulations of the treaties, and of the consular convention, hereto- fore concluded between the United States and France; and that the same shall not henceforth be regarded as legally obligatory on the Gov- ernment or citizens of the United States:"] TREATY OF ALLIANCE BETWEEN THE UNITED STATES OF AMERICA AND HIS MOST CHRISTIAN MAJESTY. The Most Christian King and the United States of North America, to wit: Few Hampshire, Massachusetts Bay, Rhodes Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, having this day concluded a treaty of amity and commerce, for the reciprocal advantage of their subjects and citizens, have thought it necessary to take into considera- tion the means of strengtheming those engagements, and of rendring them useful to the safety and tranquility of the two parties; particu- larly in case Great Britain, in resentment of that connection and of the good correspondence which is the object of the said treaty, should break the peace with France, either by direct hostilities, or by hindring her commerce and navigation in a manner contrary to the rights of nations, and the peace subsisting between the two Crowns. And His Majesty and the said United States, having resolved in that case to join their coun- cels and efforts against the enterprises of their common enemy, the respective Plenipotentiaries impowered to concert the clauses and con- ditions proper to fulfil the said intentions, have, after the most mature deliberation, concluded and determined on the following articles: Article I. If war should break out between France and Great Britain during the continuance of the present war between the United States and England, His Majesty and the said United States wih g" at r b^Z! shall make it a common cause and aid each other mutually with their good offices, their counsels and their forces, according to the exigence of conjunctures, as becomes good and faithful allies. Article II. The essential and direct end of the present defensive alliance is to maintain effectually .the liberty, sovereignty, and independ- ance absolute and unlimited, of the said United States, as tr°u?'nd..pe e ,* e well in matters of gouvernement as of commerce. 16 242 TREATIES AND CONVENTIONS. Article III. The two contracting parties shall each on its own part, and in the manner it may judge most proper, make all the efforts in Both parties to ., • i_ 3 • • 1 i- n ■ ■rmkeeiery effort to its power against their common enemy, in order to attam attain that end. . ■ i -i -. the end proposed. Article IV. The contracting parties agree that in case either of them should form concr™™ in en- any particular enterprise in which the concurrence of the enterprise. other may be desired, the party whose concurrence is desired, shallreadily, and with good faith, join to act in concert for that purpose, as far as circumstances and its own particular situation will permit; and in that case, they shall regulate, by a particular conven- tion, the quantity and kind of succour to be furnished, and the time and manner of its being brought into action, as well as the advantages which are to be its compensation. Article V. If the United States should think fit to attempt the reduction of the British power, remaining in the northern parts of Conquests that . . . 1 ■ i -i /• -i-» i j_i i ■ ,imii betas to the America, or the islands of Bermudas, those contnes or islands, in case of success, shall be confederated with or dependant upon the said United States. Article VI. The Most Christian King renounces forever the possession of the France rdinvibh- islands of Bermudas, as well as of any part of the continent tain a c 1 ouSr™ 8 , t ?fcon: of North America, which before the treaty of Paris in que,ed. 1763, or in virtue of that treaty, were acknowledged to belong to the Crown of Great Britain, or to the United States, heretofore called British Colonies, or which are at this time, or have lately been under the power of the King and Crown of Great Britain. Article VII. If His Most Christian Majesty shall think proper to attack any of the comne.uth.tsh.il islands situated in the Gulph of Mexico, or near that Gtilph, belong to France, which are at present under the power of Great Britain,, all the said isles, in case of success, shall appertain to the Crown of France. Article VIII. Neither of the two parties shall conclude either truce or peace with Neither party to Great Britain without the formal consent of the other first wuittue other', obtained j and they mutually engage not to lay down their co„,e„t, tc arms -antil the independence of the United States shall have been formally or tacitly assured by the treaty or treaties that shall ter- minate the war. 243 Article IX. The contracting parties declare, that being resolved to fulfil each on its own part the clauses aud conditions of the present , . , treaty of alliance, according to its own power and circum- petition ai ter the stances, there shall be no after claim of compensation on one side or the other, whatever may be the event of the war. Article X. The Most Christian King and the United States agree to invite or admit other powers who may have received injuries from -rt.i i 'i_ii_i j -l _3 To admit other England, to make common cause with them, and to accede jw»ve r? to accede to to the present alliance, under such conditions as shall be ' freely agreed to and settled between all the parties. Article XI. The two parties guarantee mutually from the present time and for- ever against all other powers, to wit: The United States to Muwa] His Most Christian Majesty, the present possessions of the Crown of France in America, as well as those which it may acquire by the future treaty of peace : And His Most Christian Majesty guarantees on his part to the United States their liberty, sovereignty, and inde- pendence, absolute and unlimited, as well in matters of government as commerce, and also their possessions, and the additions or conquests that their confederation may obtain during the war, from any of the dominions now, or heretofore possessed by Great Britain in North America, conformable to the 5th and 6th articles above written, the whole as their possessions shall be fixed and assured to the said States, at the moment of the cessation of their present war with England. Article XII. In order to fix more precisely the sense and application of the pre- ceding aroicle, the contracting parties declare, that in case Guara „ w wh e„ to of a rupture between France and England the reciprocal «"»»*»<*■ guarantee declared in the said article shall have its full force and effect the moment such war shall break out ; and if such rupture shall not take place, the mutual obligations of the said guarantee shall not com- mence until the moment of the cessation of the present war between the United States and England shall have ascertained their possessions. Article XIII. The present treaty shall be ratified on both sides, and the ratifica- tions shall be exchanged in the space of six months, or Ratification sooner if possible. In faith whereof the respective Plenipotentiaries, to wit: On the part of the Most Christian King, Conrad Alexander Gerard, Eoyal Syndic of the city of Strasbourgh, and Secretary of his Majesty's Council of State ; and on the part of the United States,' Benjamin Franklin, Deputy to the General Congress from the State of Pennsylvania, and President of the Convention of the same State, Silas Deane, heretofore Deputy from the State of Connecticut, and Arthur Lee, Councellor at Law, have signed 244 TREATIES AND CONVENTIONS. the above articles both in the French and English languages, declaring, nevertheless, that the present treaty was originally composed and con- cluded in the French language, and they have hereunto affixed their Done at Paris, this sixth day of February, one thousand seven hun- dred and seventy-eight. C. A. GERARD, [l. s. B. FRANKLIN, [l. s. SILAS DEANE. [L. s. ARTHUR LEE. L. s. TREATY OF AMITY AND COMMERCE BETWEEN THE UNITED STATES OF AMERICA AND HIS MOST CHRISTIAN MAJESTY. The Most Christian King, and the thirteen United States of North February 6 !7?8. America, to wit, New Hampshire, Massachusetts Bay, Rhode c„*^" e rf b i™ r "° f Island, Connecticut, New York, New Jersey, Pennsylvania, ma, ch. 67. " Delaware, Maryland, Virginia, North Carolina, South Caro- lina, and Georgia, willing to fix in an equitable and permanent manner the rules which ought to be followed relative to the correspondence and commerce which the two parties desire to establish between their re- spective countries, States, and subjects, His Most Christian Majesty and the said United States have judged that the said end could not be bet- ter obtained than by taking for the basis of their agreement the most perfect equality and reciprocity, and by carefully avoiding all those burthensome preferences which are usually sources of debate, embar- rassment, and discontent; by leaving, also, each party at liberty to make, respecting commerce and navigation, those interior regulations which it shall find most convenient to itself; and by founding the ad- vantage of commerce solely upon reciprocal utility and the just rules of free intercourse ; reserving withal to each party the liberty of admitting at its pleasure other nations to a participation of the same advantages. It is in the spirit of this intention, and to fulfil these views, that His said Majesty having named and appointed for his Plenipotentiary, Con- rad Alexander Gerard, Royal Syndic of the city of Strasbourg, Secre- tary of His Majesty's Council of State ; and the United States, on their part, having fully impowered Benjamin Franklin, Deputy from the State of Pennsylvania to the General Congress, and President of the Conven- tion of said State, Silas Deane, late Deputy from the State of Connec- ticut, to the said Congress, and Arthur Lee, Councellor at Law; the said respective Plenipotentiaries, after exchanging their powers, and after mature deliberation, have concluded and agreed upon the following articles : Article I. There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between the Most Christian King, his 9l ,Fp b« w °e" d „iKo heirs and successors, and the United States of America; ' M,i ™ and the subjects of the Most Christian King and of the said States; and between the countries, islands, cities, and towns situate under the jurisdiction of the Most Christian King and of the said United States, and the people and inhabitants of every degree, without excep- tion of persons or places; and the terms hereinafter mentioned shall be perpetual between the Most Christian King, his heirs and successors, and the said United States. PRANCE, 1778. 245 Article II. The Most Christian Kiug and the United States engage mutually not to grant any particular favour to other nations, in respect of commerce and navigation, which shall not immediately be- gran'"^™^ «h£ . . . i , , ill ■ j_i nations that sh all come common to the other party, who shaJl enjoy the same not become common favour, freely, if the concession was freely made, or on allow- t0 the ° at,Jwa7 - ing the same compensation, if the. concession was conditional. Article III. The subjects of the Most Christian King shall pay in the ports, havens, roads, countries, islands, cities, or towns, of the . f the United States, or anv of them, no other or greater duties King oFf™™ m' , . J r . v ' .-, .. t i . tied to the same or imposts, of what nature soever they may be, or by what privilege. » the name soever called, than those which the nations most fa- «£ most n^red Sa- voured are or shall be obliged to pay; and they shall enjoy- all the rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce, whether in passing from one port in the said States to another, or in going to and from the same, from and to any part of the world, which the said nations do or shall enjoy. Article IV. The subjects, people, and inhabitants of the said United States, and each of them, shall not pay in the ports, havens, roads, isles, cities, and places under the domination of His Most Chris- untoPsLtef e»S tian Majesty, in Europe, any other or greater duties or im- privilege tat."™ posts, of what nature soever they may be, or by what name STe"™,.! ray's soever called, than those which the most favoured nations are or shall be obliged to pay ; and they shall enjoy all the rights, liber- ties, privileges, immunities, and exemptions in trade, navigation, and commerce, whether in passing from one port in the said dominions, in Europe, to another, or in going to and from the same, from and to any part of the world, which the said nations do or shall enjoy. Article V. In the above exemption is particularly comprised the imposition of 100 sols per ton, established in Prance on foreign ships ; Partic „ kl . eNemp . unless when the ships of the United States shall load tion - with the merchandize of France for another port of the same dominion, in which case the said ships shall pay the duty above-mentioned so long as other nations the most favoured shall be obliged to pay it. But it is understood that the said United States, or any of them, are at liberty, when they shall judge it proper, to establish a duty equivalent in the same case. Article VI. The Most Christian King shall endeavour by all the means in his power to protect and defend all vessels and the effects belonging r „ nce to prot , to the subjects, people, or inhabitants of the said United \™t™£t£££l States, or any of them, being in his ports, havens, or roads, *" or on the seas near to his countries, islands, cities, or towns, V( and to recover and restore to the right owners, their agents tain case8 or attornies, all such vessels and effects which shall be taken within his jurisdiction ; and the ships of war of His Most Christian Majesty, or any convoy sailing under his authoritv. shall upon all occasions take France to protect vessels of citizens of the United States her jurisdiction, „_ restore them when captured, and to con- voy vessels in cer- 246 TREATIES AND CONVENTIONS. under their protection all vessels belonging to the subjects, people, or inhabitants of the said United States, or any of them, and holding the same course, or going the same way, and shall defend such vessels, as long as they hold the same course "or go the same way, against all at- tacks, force, and violence, in the same manner as they ought to protect and defend the vessels belonging to the subjects of the Most Christian King. Article VII. In like manner the said United States and their ships of war, sailing united state, to under their authority, shall protect and defend,, conforina- doths.ame. ble to the tenor of the preceding article, all the vessels and effects belonging to the subjects of the Most Christian King, and' use all their endeavours to recover and cause to be restored the said vessels and effects that shall have been taken within the jurisdiction of the said United States, or any of them. Article VIII. The Most Christian King will employ his good offices and interposi- tion with the King or Emperor of Morocco or Fez, the re- t.™°d Ki the f uS gencies of Algier, Tunis, and Tripoli, or with any of them ; States to make trea- > t t «j_i j_i t-» • nj. j. T^ n , 1 ties with the Barbary and also with every other Prince, State, or Power, of the coast of Barbary, in Africa, and the subjects of the said King, Emperor, States, and Powers, and each of them, in order to pro- vide as fully and efficaciously as possible for the benefit, conveniency, and safety of the said United States, and each of them, their subjects, people, and inhabitants, and their vessels and effects against alt vio- lence, insult, attacks, or depredations on the part of the said Princes and States of Barbary, or their subjects. Article IX. The subjects, inhabitants, merchants, commanders of ships, masters, subjects or either and mariners of the States, provinces, and dominions of Khe'doriiiuon.'o'f each party respectively shall abstain and forbear to fish in all the other. places possessed or which shall be possessed by the other party ; the Most Christian King's subjects shall not fish in the havens, bays, creeks, roads, coasts, or places which the said United States hold or shall hereafter hold; and in like manner the subjects, people, and inhabitants of the said United States shall not fish in the havens, bays, creeks, roads, coasts, or places which the Most Christian King possesses or shall hereafter possess ; and if any ship or vessel shall be found fishing contrary to the tenor of this treaty, the said ship or ves- sel, with its lading, proof being made thereof, shall be confiscated. It is, however, understood that the exclusion stipulated in the present ar- ticle shall take place only so long and so far as the Most Christian King or the United States shall not in this respect have granted an ex- emption to some other nation. Article X. The United States, their citizens and inhabitants, shall never disturb citi».„, of united the subjects of the Most Christian King in the enjoyment furb eB *, h » ! i!jec'°. t di of and exercise of the right of fishing on the banks of New- offSi\*b. r nk*f foundland, nor in the indefinite and exclusive right which .wo„„dtad. belongs to them on that part of the coast of that island 247 which is designed by the treaty of Utrecht; nor in the rights relative to all and each of the isles which belong to His Most Christian Majesty ; the whole conformable to the true sense of the treaties of Utrecht and Paris. (a) Article XI. The subjects and inhabitants of the said United States, or any one of them, shall not be reputed aubains in France, and conse- cii f UllileJ quently shall be exempted from the droit d'aubaine, or other tatpU" 6 ™ exem^jd similar duty, under what name soever. They may by testa- I *y£j2j- ment, donation, or otherwise, dispose of their goods, moveable and immoveable, in favour of such persons as to them shall seem good, and their heirs, subjects of the said United States, residing whether in France or elsewhere, may succeed them ab intestat, without being obliged to obtain letters of naturalization, and without having the effect of this concession contested or impeded under pretext of any rights or prerogative of provinces, cities, or private persons ; and the said heirs (a) The two following articles were originally agreed to, but afterwards rescinded, to wit : Article XI. It is agreed and concluded that there shall never be any duty imposed on the exporta- tion of the molasses that may be taken by the subjeots of any of the United States from the islands of America which belong or may hereafter appertain to His Most Christian Majesty. ARTICLE XII. In compensation of the exemption stipulated by the preceding article, it is agreed and concluded that there shall never be any dnties imposed on the exportation of any kind of merchandize which the subjects of His Most Christian Majesty may take from the countries and possessions, present or future, of any of the thirteen United States, for the use of the islands which shall furnish melasses. Act of France rescinding the foregoing articles: The General Congress of the United States of North America, having represented to the Kin^ that the execution of the eleventh article of the treaty of amity and com- merce, signed the sixth of February last, might be productive of inconveniences ; and having, therefore, desired the suppression of this article, consenting in return that the twelfth, article shall likewise be considered of no effect : His Majesty, in order to give a new proof of his affection, as also of his desire to consolidate the union and good cor- respondence established between the two States, has been pleased to consider their representations : His Majesty has consequently declared, and does declare by these presents, that he consents to the suppression of the eleventh and twelfth articles afore- mentioned, and that his intention is that they be considered as having never been comprehended in the treaty signed the sixth of February last. Done at Versailles the first day of the month of September, one thousand seven hun- dred and seventy-eight. GRAVIER DE VERGENNES. Act of the United States rescinding the foregoing articles : DECLARATION. The Most Christian King having been pleased to regard the representations made to him by the General Congress of North America, relating to the eleventh article of the treaty of commerce, signed the sixth of February, in the present year ; and His Majesty having, therefore, consented that the said article should be suppressed, on condition that the twelfth article of the same treaty be equally regarded as of none effect ; the abovesaid General Congress hath declared on their part, and do declare, that they con- sent to the suppression of the eleventh and twelfth articles of the above-mentioned treaty, and that their intention is, that these articles be regarded as having never been comprised in the treaty signed the sixth of February. In faith whereof, &c, B. FRANKLIN. ARTHUR LEE. JOHN ADAMS. shall liOrtB tiltea. 248 TREATIES AND CONVENTIONS. whether such by particular title, or ab intestat, shall be exempt from all duty called droit de detraction, or other duty of the same kind, saving nevertheless the local rights or duties as much and as long as similar ones are not established by the United States, or any of them. The subjects of the Most Christian King shall enjoy on their part,. fcl v" bie sim s ir«r rr p a rwf- in all the dominions of the said States, an entire and perfect kee8 ' reciprocity relative to the stipulations contained in the present article, but it is at the same time agreed that its contents shall not affect the laws made, or that may be made hereafter in France against emigrations which shall remain in all their force and vigour, and the United States on their part, or any of them, shall be at liberty to enact such laws relative to that matter as to them shall seem proper. Article XII. The merchant ships of either of the parties which shall be making sh,p 9 «»»pectad into a port belonging to the enemy of the other ally, and M rSS" cS" concerning whose voyage and the species of goods on board her there shall be just grounds of suspicion, shall be obliged to exhibit, as well upon the high seas as in the ports and havens, not only her passports, but likewise certificates, expressly shewing that her goods are not of the number of those which have been prohibited as contraband. Article XIII. If by the exhibiting of the abovesaid certificates the other party dis- cover there are any of those sorts of goods which are pro- caS^f'Yo'StS hibited and declared contraband and consigned for a port under the obedience of his enemies, it shall not be lawful to break up the hatches of such ship, or to open any chest, coffers, packs, casks, or any other vessels found therein, or to remove the smallest par- cels of her goods, whether such ship belongs to the subjects of France, or the inhabitants of the said United States, unless the lading be brought on shore in the presence of the officers of the court of admiralty, and an inventory thereof made ; but there shall be no allowance to sell, exchange, or alienate the same, in any manner, untill after that due and lawful process shall have been had against such prohibited goods, and the court of admiralty shall by a sentence pronounced have confiscated the same ; saving always as well the ship itself as any other goods found therein, which by this treaty are to be esteemed free, neither may they be detained on pretence of their being as it were infected by the pro- hibited goods, much less shall they be confiscated, as lawful prize ; but if not the whole cargo, but only part thereof, shall consist of prohibited or contraband goods, and the commander of the ship shall be ready and willing to deliver them to the captor who has discovered them, in such case the captor having received those goods shall forthwith discharge the ship, and not hinder her by any means freely to prosecute the voyage on which she was bound. But in case the contraband merchan- dises cannot be all received on board the vessel of the captor, then the captor may, notwithstanding the offer of delivering him the contraband goods, carry the vessel into the nearest port agreeable to what is above directed. Article XIV. On the contrary, it is agreed that whatever shall be found to be laden FRANCE, 177S. 249 by the subjects and inhabitants of either party on any ship 11 j. iv J? j.1 j.1 i A . ll- i Goods fousd in an belonging to the enemys of the other, or to their subjects, «™' a " t j5 ip "3^ the whole, although it be not of the sort of prohibited goods, p°t Aboard ll&"t 1 n . -t . .-i .*..,- i -i i declarationof war, or may be confiscated in the same manner as if it Delonged to ™th.. two month. the enemy, except such goods and merchandizes as were put on board such ship before the declaration of war, or even after such declaration, if so be it were done without knowledge of such declaration. So that the' goods of the subjects and people of either party, whether they be of the nature of such as are prohibited or otherwise, which, as is aforesaid, were put on board any ship belonging to an enemy before the war or after the declaration of the same, without the knowledge of it, shall no ways be liable to confiscation, but shall well and truely be restored without delay to the proprietors demanding the same ; but so as that if the said merchandizes be contraband, it shall not be any ways lawful to carry them afterwards to any ports belonging to the enemy. The two contracting parties agree, that the term of two months being passed after the declaration of war, their respective subjects, from what- ever part of the world they come, shall not plead the ignorance men- tioned in this article. Article XV. And that more effectual care may be taken for the security of the subjects and inhabitants of both parties, that they suffer no ^ injury by the men-of-war or privateers of the other party, jn^Snl.tlfc" all the commanders of the ships of His Most Christian ™" r $ they'd"^ Majesty and of the said United States, and all their subjects ?«V 8 Mi?»"o Thl and inhabitants, shall be forbid doing any injury or damage party " B ° red ' to the other side ; and if they act to the contrary, they shall be punished, and shall moreover be bound to make satisfaction for all matter of dam- age, and the interest thereof, by reparation, under the pain and obliga- tion of their person and goods. Article XVI. All ships and merchandizes, of what nature soever, which shall be rescued out of the hands of any pirates or robbers on the A1I Bhips and mert high seas, shall be brought into some port of either State, , , S 8 "S u of°p1- and shall be delivered to the custody of the officers of that rat63t ° be «> 8t °" !d - port, in order to be restored entire to the true proprietor, as soon as due and sufficient proof shall be made concerning the property thereof. Article XVII. It shall be lawful for the ships of war of either party, and privateers, freely to carry whithersoever they please the ships and becar goods taken from their enemies, without being obliged to ried'SSSuSftomS pay any duty to the officers of the admiralty or any other eit '" !rpartr - judges ; nor shall such prizes be arrested or seized when they come to and enter the ports of either party ; nor shall the searchers or other officers of those places search the same, or make examination concern- ing the lawfulness of such prizes, but they may hoist sail at any time, and depart and carry their prizes to the places expressed in their com- missions, which the commanders of such ships of war shall be obliged to show ; on the contrary, no shelter or refuge shall be given No Bhelter slml , be in their ports to such as shall have made prize of the sub- i"^ a t^SS- jects, people, or property of either of the parties ; but if p " ,y - 250 TREATIES AND CONVENTIONS. " such shall come in, being forced by stress of weather, or the danger of the sea, all proper means shall be vigorously used that they go out, and retire from thence as soon as possible. Article XVIII. If any ship belonging to either of the parties, their people or subjects, shall, within the coasts or dominions of the other, stick upon wre° k?1eiia° to^K the sands, or be wrecked, or suffer any other damage,, all friendly assistance and relief shall be given to the persons shipwrecked, or such as shall be in danger thereof. And letters of safe conduct shall likewise be given to them for their free and quiet passage from thence and the return of every one to his own country. Article XIX. In case the subjects and inhabitants of either party, with their ship- wte. v„„ei„, by ping, whether publick and of war, or private and of mer- STarelrredts chants, be forced, through stress of weather, pursuit of rii*°i'eSd 8 p 6 "" pirates or enemies, or any other urgent necessity for seeking mitt B d to depart. f sae iter and harbour, to retreat and enter into any of the rivers, bays, roads, or ports belonging to the other party, they shall be received and treated with all humanity and kindness, and enjoy all friendly protection and help ; and they shall be permitted to refresh and provide themselves, at reasonable rates, with victuals and all things needful for the sustenance of their persons or reparation of their ships, and conveniency of their voyage ; and they shall no ways be detained or hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance. Article XX. For the better promoting of commerce on both sides, it is agreed that if a war shall break out between the said two nations, six mSthl^hLrS a? months after the proclamation of war shall be allowed to the ewh^ part^S™ merchants in the cities and towns where they live for selling foBjo.eUoi.lr.SUve and transporting their goods and merchandizes ; and if any- thing be taken from them, or any injury be done them within that term by either party, or the people or subjects of either, full satis- faction shall be made for the same. Article XXI. No subjects of the Most Christian King shall apply for or take any cit»«»o( neither commission, or letters of marque, for arming any ship or Sdo'i?"or* 1 uS 8n iP s *° act as privateers against the said United States, r^^smTS or any of them, or against the subjects, peopie, ; or inhabit- I?™, wV'at'pri" ants of the said United States, or any of them, or against Tatem. t ae property of any of the inhabitants of any of them, from any Prince or State with which the said United States shall be at war; nor shall any citizen, subject, or inhabitant of the said United States, or any of them, apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the subjects of the Most Christian King, or any of them, or the property of any of them, from any Prince or State with which the said King shall be at war ; and if any person of either nation shall take such commissions or letters of marque, he shall be punished as a pirate. FRANCE, 1778. 251 Article XXII. It shall not be lawful for any foreign privateers, not belonging to sub- jects of the Most Christian King nor citizens of the said o . rWlltei . ta United States, who have commissions from any other Prince mtSESK *&»""- or State in enmity with either nation, to fit their ships &«t m p!™m ££» in the ports of either the one or the other of the afore- ■"""'' said parties,, to sell what they have taken, or in any other manner whatsoever to exchange their ships, merchandizes, or any other lading; neither shall they be allowed evea to purchase victuals, except such as shall be necessary for their going to the next port of that Prince or State from which they have commissions. Article XXIII. . It shall be lawful for all and singular the subjects of the Most Chris- tian King, and the citizens, people, and inhabitants of the Liberty ror either said United States, to sail with their ships with all manner S«ioV\"^,7'*th of liberty and security, no distinction being made who are the °""* i the proprietors of the merchandizes laden thereon, from any port to the places of those-who now are or hereafter shall be at enmity with the Most Christian King or the United States. It shall likewise be lawful for the subjects and inhabitants aforesaid to sail with the ships and merchandizes aforementioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of the same Prince or under several. And it is hereby stipulated that free ships 'shall also give a freedom to goods, and that everything shall be deemed to be free and exempt which shall be found r™w>&, I^SSl on board the ships belonging to the subjects of either of the 00 °* raba " d ar " oleB - confederates, although the whole lading or any part thereof should appertain to the enemies of either, contraband goods being always excepted. It is also agreed in like manner that the same liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are soldiers and in actual service of the enemies. Article XXIV. This liberty of navigation and commerce shall extend to all kinds of merchandizes, excepting those only which are distinguished Uji ' « ^ 1 -i -i-iii. rP , "What goods shall by the name ot contraband ; and under this name of contra- °<= dee^i com™ band or prohibited goods shall be comprehended arms, great guns, bombs with the fuzes, and other things belonging to them, cannon-ball, gunpowder, match, pikes, swords, lances, spears, halberds, mortars, petards, granades, saltpetre, muskets, musket-ball, bucklers, helmets, breast-plates, coats of mail, and the like kinds of arms proper for arming soldiers, musket-rests, belts, horses with their furniture, and all other warlike instruments whatever. These merchandizes which follow shall not be reckoned among contraband or prohibited goods ; that is to say, all sorts of cloths, and all other manufactures woven of any wool, flax, silk, cotton, or any other materials whatever ; all kinds of wearing apparel, together with the species whereof they are used to be made ; gold and silver, as well coined as uncoined, tin, iron, latten, 252 TREATIES AND CONVENTIONS. copper, brass, coals ; as also wheat and barley, and any other kind of corn and pulse; tobacco, and likewise all manner of spices ; salted and smoked flesh, salted fish, cheese and butter, beer, oils, wines, sugars, and all sorts of salts ; and in general all provisions which serve for the nourishment of mankind and the sustenance of life ; furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails,' 'sail-cloths, anchors and any parts of anchors, also ships' masts, planks, boards and beams of what trees soever ; and all other things proper either for building or repairing ships, and all other goods whatever which have not been worked into the form of any instrument or thing prepared for war by land or by sea, shall not be reputed contraband, much less such as have been already wrought and made up for any other use; all which shall be wholly reckoned among free goods; as likewise all other mer- chandizes and things which are not comprehended and particularly mentioned in the foregoing enumeration of contraband goods ; so that they may be transported and carried in the freest manner by the sub- jects of both confederates, even to places belonging to an enemy, such towns or places being only excepted as are at that time besieged, blocked up, or invested. Article XXV. To the end that all manner of dissentions and quarrels may be avoided stiw aid T«>eb and pre vented,, on one side and the other, it is agreed that .L-'Itter^ofp™'' i Q case either of the parties hereto should be engaged hi port, and certificate.. war ^ ^ ne s bjp S an( j vessels belonging to the subjects or peo- ple of the other ally must be furnished with sea-letters or passports, expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander of the said ship, that it may appear thereby that the ship really and truely belongs to the subjects of one of the parties, which x>assport shall be made out and granted according to the form annexed to this treaty ; they shall like- wise be recalled every year, that is, if the ship happens to return home within the space of a year. It is likewise agreed that such ships being laden are to be provided not only with passports as above mentioned, but also with certificates, containing the several particulars of the cargo, the place whence the ship sailed, and whither she is bound, that so it may be known whether any forbidden or contraband goods be on board the same ; which certificate shall be made out by the officers of the place whence the ship set sail, in the accustomed form ; and if any one shall think it fit or advisable to express in the said certificates the per- son to whom the goods on board belong, he may freely do so. Article XXVI. The ships of the subjects and inhabitants of either of the parties com- ing upon any coasts belonging to either of the said allies, but tbecoamo c ™teri°e not willing to enter into port", or being entred into port party, or hov? to' be and not willing to unload their cargoes or break bulk, they shall be treated according to the general rules prescribed or to be prescribed relative to the object in question. Article XXVII. If the ships of the said subjects, people, or inhabitants of either of how read, are to the parties shall be met with, either sailing along the coasts % t S1 d rf b w.r m S or on the high seas, by any ship of war of the other, or by privateer.. anv p r j va teers, the said ships of war or privateers, for the avoiding of any disorder, shall remain out of cannon-shot, and may send FRANCE, 1778. 253 their boats aboard the merchant ship which they shall so meet with, and may enter her to number of two or three men only, to whom the master or commander of such ship or vessel shall exhibit his passport concerning the property of the ship, made out according to the form inserted in this present treaty, and the ship, when she shall have showed such passport, shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or search her in any manner, or to give her chase or force her to quit her intended course. Article XXVIII. It is also agreed that all goods, when once put on board the ships or vessels of either of the two contracting parties, shall be sub- No ^^ aftpr ject to no farther visitation ; but all visitation or search g^"^,^^ shall be made beforehand, and all prohibited goods "shall »= 1 | a ™ lo »» ™ c ™ be stopped on the spot, before the same be put on board, unless there are manifest tokens or proofs of fraudulent practice; nor shall either the persons or goods of the subjects of His Most Christian Majesty or the United States be put under any arrest or molested by any other kind of embargo for that cause ; and only the subject of that State to whom the said goods have been or shall be prohibited, and who shall presume to sell or alienate such sort of goods, shall be duly pun- ished for the offence. Article XXIX. The two contracting parties grant mutually the liberty of having each in the ports of the other Consuls, Vice-Consuls, agents, and . -, j? l n l i / i i_ Consuls &c, to be commissaries, whose functions shall be regulated by a par- aii.^ed in the porta , . t ' . of each party. ticular agreement. Article XXX. And the more to favour and facilitate the commerce which the sub- jects of the United States may have with Prance, the Most Christian King will grant them in Europe one or more free ports, where they may bring and dispose of all the produce and mer- chandize of the thirteen United States ; and His Majesty vill also con- tinue to the subjects of the said States the free ports which have been and are open in the French islands of America ; of all which free ports the said subjects of the United States shall enjoy the use, agreable to the regulations which relate to thein. Article XXXI. The present treaty shall be ratified on both sides, and the ratifica- tions shall be exchanged in the space of six months, or . . . „ . - , ° * ' Ratification . sooner if possible. In faith whereof the respective Plenipotentiaries have signed the above articles, both in the French and English languages, declaring, nevertheless, that the present treaty was originally composed and concluded in the French language, and they have thereto affixed their seals. Done at Paris this sixth day of February, one thousand seven hun- dred and seventy-eight. C. A. GEKARD. B. FRANKLIN. SILAS DEANE. ARTHUR LEE. L. S. L. s.' L. s.' L. s.' 254 TREATIES AND CONVENTIONS. ACT SEPARATE AND SECRET. The Most Christian King declares, in consequence of the intimate union which subsists between him and the King of Spain, that in con- cluding with the United States of America this treaty of amity and commerce, and that of eventual and defensive alliance, His Majesty hath intended, and intends, to reserve expressly, as he reserves by this pres- ent separate and secret act, to his said Oatholick Majesty the power of acceding to the said treatys, and to participate in their stipulations at such time as he shall judge proper. It being well understood, neverthe- less, that if any of the stipulations of the said treatys are not agreable to the King of Spain, His Oatholick Majesty may propose other condi- tions analogous to the principal aim of the alliance and conformable to the rules of equality, reciprocity, and friendship. The Deputies of the United States, in the name of their constituents, accept the present declaration in its full extent, and the Deputy of the said States who is fully impowerd to treat with Spain promises to sign, on the first requisition of His Catholic Majesty, the act or acts necessary to communicate to him the stipulations of the treaties above written ; and the said Deputy shall endeavour, in good faith, the adjustment of the points in which the King of Spain may propose any alteration conform- able to the principles of equality, reciprocity, and the most sincere and perfect amity, he, the said Deputy, not doubting but that the person or persons impower'd by His Catholic Majesty to treat with the United States will do the same with regard to any alterations of the same kind that may be thought necessary by the said Plenipotentiary of the United States. In faith whereof the respective Plenipotentiaries have signed the present separate and secret article, and affixed to the same their seals. Done at Paris this sixth day of February, one thousand seven hun- dred and seventy-eight. C. A. GERARD. B. FRANKLIN. SILAS DEANE. ARTHUR LEE, L.S. L. S. L.S. L.S. Deputy ; Plenipotentiary for France and Spain. FRANCE, 1782. CONTRACT BETWEEN HIS MOST CHRISTIAN MAJESTY AND THE UNITED STATES OF AMERICA, ENTERED INTO BY THE COUNT DE VERGENNES AND MR. FRANKLIN, THE 16th OF JULY, 1782, AND RATIFIED BY CON- GRESS THE 22d DAY OF JANUARY, 1783. The King having been pleased to attend to the requests made to him Motives for ™k- "* the name and on behalf of the United Provinces of ra'oS'iheamoS North America, for assistance in the war and invasion farS°d"oy FrSS under which they had for several years groaned ; and His te - ' Majesty, after entering into a treaty of amity and commerce with the said Confederated Provinces, on the 6th of February, 1778, having had the goodness to support them, not only with his forces by land and sea, but also with advances of money, as abundant as they were effectual, in the critical situation to which their affairs were re- duced : it has been judged proper and necessary to state exactly the FRANCE, 1782. 255 amount of those advances, the conditions on which the King made them, the periods at which the Congress of the United States have engaged to repay them to His Majesty's royal treasury, and, in fine, to state this matter in such a way as for the future to prevent all difficulties capable of interrupting the good harmony which His Majesty is resolved to main- tain and preserve between him and the said United States. For executing so laudable a purpose, and with a view to strengthen the bands of amity and commerce which subsist between His Majesty and the said United. States ; we, Charles Gravier de Vergennes, &c, Counsellor of the King, in all his councils, Commander of his Orders, Minister and Secretary of State, and of his commands and finances, vested with Ml powers of His Majesty to us given for this purpose: and we, Benjamin Franklin, Min- ister Plenipotentiary of the United States of North America, in like manner vested with full powers' of the Congress of the said States for the present purpose ; after duly communicating our respective powers have agreed to the following articles : Article I. It is agreed and certified that the sums advanced by His Majesty to the Congress of the Uuited States, under the title of a Araount of diffei .. loan, in the years 1778, 1779, 1780, 1781, and the present, entloaM 1782, amount to the sum of eighteen million of livres, money of France, according to the following twenty-one receipts of the above mentioned under written Minister of Congress, given in virtue of his full powers, to wit : 1, 28 February, 1778 750,000 2,19 May, ditto 750,000 3, 3 August, ditto 750,000 I,e ™° n ° aM - 4, 1 November, ditto 750, 000 3, 000, 000 5, 10 June, 1779 250, 000 6, 16 September, ditto 250, 000 7, 4 October, ditto 250, 000 8„ 21 December, ditto 250, 000 1, 000, 000 9, 29 February, 1780 750,000 lQ,23JSIay, ditto 750,000 11, 21Juue, ditto 750,000 12, SOctober, ditto 750,000 13, 27 November, ditto 1, 000, 000 4, 000, 000 14, 15 February, 1781. ... 750, 000 15, 15 May, ditto 750,000 16, 15 August, ditto 750,000 17, 1 August, ditto 1, 000, 000 18, 15 November, ditto 750, 000 4, 000, 000 19, 10 April, 1782 1 500, 000 20, 1 July, ditto 1, 500, 000 21, 5 of the same month 3, 000, 000 6,000,000 Amounting in the whole to 18 millions, viz , 18, 000, 000 256 TREATIES AND CONVENTIONS. By which receipts the said Minister has promised, in the name of Ooa- iDteratataveper gress, and in behalf of the thirteen United States, to cause cent to be paid and reimbursed to the royal treasury of His Majesty, on the 1st of January, 1788, at the house of bis grand banker at Paris, the said sum of eighteen millions, money of France, with in- terest at five per cent, per annum. Article II. Considering that the payment of so large a capital at the one stipu- Rep., me „t of the lated period, the 1st of January, 1788, may greatly injure 10™. {-he fl nances f the Congress of the United States, and it may perhaps be even impracticable on that footing, His Majesty has been pleased for that reason to recede in that respect from the tenor of the receipts which the Minister of Congress has given for the eighteen million livres tournois, mentioned in the foregoing article, and has con- sented that the payment of the capital in ready money, at the royal treasury, be in twelve equal payments of 1,500,000 livres each, and in twelve years only, to commence from the third year after a peace. Article III. Although the receipts of the Minister of the Congress of the United Statement of in- States specify that the eighteen million of livres above terest . mentioned are to be paid at the royal treasury, with interest at five per cent, per annum, His Majesty being willing to give the said United States a new proof of his affection and friendship, has been pleased to make a present of, and to forgive the whole arrears of interest to this day, and from thence to the date of the treaty of peace; a favor which the Minister of the Congress of the United States acknowledges to flow from the pure bounty of the King, and which he accepts in the name of the said United States with profound and lively acknowledg- ments. Article IV. The payment of the said eighteen millions of livres tournois shall be interest to dimin- * a rea dy money at the royal treasury of His Majesty at Paris, i»h"n r pro P ortion'?o in twelve equal parts, and at the terms stipulated in the payments, &c. . £ . . * , *,-,. . _ , .^1 above second article. The interest of the said sum, at five per cent, per annum, shall commence with the date of the treaty of peace, and shall be paid at every period of the partial payments of the capital, and shall diminish in proportion with the payments. The Congress of the said United States being left, however, at liberty to free themselves sooner from this obligation by anticipated payments, in case the state of their finances will admit. Article V. Although the loan of five millions of florins of Holland, agreed to by Lo«n m,de bj tbe States General of the United Provinces of the Nether- Fran'e" in m Holland' lands, on the terms of the obligation passed on the 5th of acknowledged to be -. T . -. nC tH l i -w-r- £V . ^ ~*-;' FRANCE, 1788. 265 and they shall be delivered to him, if he requires it, to be put again on board of the vessel on which they were arrested, or of others of their nation, and to be sent out of the country. Article XII. All differences and suits between the subjects of the Most Christian King in the United States, or between the citizens of the pispu?e8 be , w , er . United States within the dominions of the Most Christian cS™^ a e f°ffi King, and particularly all disputes relative to the wages b "°"» ,a,a . and terms of engagement of the crews of the respective vessels, and all differences, of whatever nature they be, which may arise between the privates of the said crews, or between any of them and their captains, or between the captains of different vessels of their nation, shall be deter- mined by the respective Consuls and Vice-Consuls, either by a refer- ence to arbitrators, or by a summary judgment, and without costs. No officer of the country, civil or military, shall interfere therein, or take any part whatever in the matter ; and the appeals from the said con- sular sentences shall be carried before the tribunals of France or of the United States, to whom it may appertain to take cognizance thereof. Article XIII. The general utility of commerce having caused to be established within the dominions of the Most Christian King particu- lar tribunals and forms for expediting the decision of com- dde'cSmerciai ■!■'- mercial affairs, the merchants of the United States shall enjoy the benefit of these establishments; and the Congress of the United States will provide in the manner the most conformable to its laws for the establishment of equivalent advantages in favour of the French merchants, for the prompt dispatch and decision of affairs of the same nature. Article XIV. The subjects of the Most Christian King, and the citizens of the United States who shall prove by legal evidence that they are of Cilhm exe „ p .. eit the said nations respectively, shall in consequence enjoy an JSVSS'J. set- exemption from all personal service in the place of their tlen,mt - settlement. Article XV. If any other nation acquires by virtue of any convention whatever a treatment more favourable with respect to the consular pre- If eithe r eminences, powers, authority, and privileges, the Consuls S r ' ZZT^ and Vice-Consuls of the Most Christian King, or of the T^^LTi United States, reciprocally shall participate therein, agree- botb - able to the terms stipulated by the second, third, and fourth articles of the treaty of amity and commerce concluded between the Most Chris- tian King and the United States. xlRTICLE XVI. The present convention shall be in full force during the term of twelve years, to be counted from the day of the exchange of ratifi- D „ mUra w lhi » cations, which shall be given in proper form, and exchanged ^^^ . . on both sides within the space of one year, or sooner if possible. ... party cod- 266 TREATIES- AND CONVENTIONS., In faith whereof we, Ministers Plenipotentiary, have signed the present convention, and have thereto set the seal of our arms. Done at Versailles the 14th of November, one thousand seven hun- dred and eighty-eight. L. C. DE MONTMOEIN. TH: JEFFERSON. FEANCE, 1800. CONVENTION BETWEEN THE FRENCH REPUBLIC AND THE UNITED STATES OF AMERICA. CONCLUDED, SEPTEMBER 30, 1800; RATIPICA TIONS EXCHANGED JULY 31, 1801 ; PROCLAIMED DECEMBER 21, 1801. The Premier Consul of the French Eepublic in the name of the people of France, and the President of the United States of teSSnTtte Jif- America, equally desirous to terminate the differences which uS^ state?" mS have arisen between the two States, have respectively ap- pointed their Plenipotentiaries, and given them full power to treat upon those differences, and to terminate the same ; that is to say, the Premier Consul of the French Eepublic, in the name of the people of France, has appointed for the Plenipotentiaries of the said Eepublic the citizens Joseph Bonaparte, ex- Ambassador at Eome and Counsellor of State ; Charles Pierre Claret Fleurieu, Member of the National Insti- tute and of the Board of Longitude of France and Counsellor of State, President of the Section of Marine ; and Pierre Louis Ecederer, Member of the National Institute of France and Counsellor of State, President of the Section of the Interior ; and the President of the United States of America, by and with the advice and consent of the Senate of the said States, has appointed for their Plenipotentiaries, Oliver Ellsworth, Chief Justice of the United States ; William Richardson Davie, late Governor of the State of North Carolina ; and William Vans Murray, Minister Eesident of the United States at the Hague ; who, after having exchanged their full powers, and after full and mature discussion of the respective interests, have agreed on the following articles : Article I. There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between the French Eepublic and the an*Tniv.i° v »rVLc,; United States of America, and between their respective iteJEAn'd oSted countries, territories, cities, towns, and people, withoflt Sbntsa of America. •• e* ■§ . exception of person or places. Article II.* The Ministers Plenipotentiary of the two parties not being able to Trmtrof«ti.r.b., agree at present respecting the treaty of alliance of 6th of 78 ii"h d Nov v , e i^ February, 1778, the treaty of amity and commerce of the abated. ' same date, and the convention of 14th of November, 1788, nor upon the indemnities mutually due or claimed, the parties will * This article was expunged, before the final ratification of the treaty, and thft f<$l- lowin^ article was added : " It is agreed that the present convention shall he in force for the term of eight Jeaw from the time of the exchange of ratifications." " FRANCE, J 800. 267 negociate further on these subjects at a convenient time, and until they may have agreed upon these points the said treaties and convention dhall have no operation, and the relations of the two countries shall be regulated as follows : Article III. The public ships which have been taken on one part and the other, or which may toe taken before the exchange of ratifications, captured ,.bii. shall be restored. """" to be """'"*• Article IV. , Property captured, and notyet definitively condemned, or which maybe captured before the exchange of ratifications, (contraband ^^ ptoper . goods destined to an enemy's port excepted,) shall be mutu- ^i f e n mi«C°t' ve £ ally restored on the following proofs of ownership, viz: The ' " ored proof on both sides with respect to merchant ships, whether armed or unarmed, shall be a passport in the form following : " To all who shall see these presents, greeting : " It is hereby made known that leave and permission has been given to , master and commander of the ship called 7 iii j_ ,, Form ol the pa83- , of the town of , burthen tons, or there- v** to merchant abouts, lying at present in the port and haven of , and bound for , and laden with ; after that his ship has been visited, and before sailing, he shall make oath before Se8 treaty of , 778p the officers who have the jurisdiction of maritime affairs, ""p^fi? Sid that the said ship belongs to one or more of the subjects of v »" sl » re » wrei , the act whereof shall be put at the end of these presents, as likewise that he will keep, and cause to be kept, by his crew on board, the marine ordinances and regulations, and enter in the proper office a list, signed and witnessed, containing the names and surnames, the places of birth and abode of the crew of his ship, and of all who shall . embark on board her, whom he shall not take on board without the knowledge and permission of the officers of the marine ; and in every port or haven where he shall enter with his ship, he shall shew this present leave to the officers and judges of the marine, and shall give a faithful account to them of what passed and was done during his voyage; and he shall carry the colours, arms, and ensigns of the [French Eepublic or the United States} during his voyage. In witness whereof we have signed these presents, and put the seal of our arms thereunto, and caused the same to be countersigned by at the day of anno Domini." And this passport will be sufficient without any other paper, any ordinance to the contrary notwithstanding ; which passport shall not be deemed requisite to have been renewed or recalled, whatever number of voyages the said ship may have made, unless she shall have returned home within the space of a year. Proof with respect to the cargo shall be certificates, containing the several particulars of the Prow wift rw . rt cargo, the place whence the ship sailed and whither she is t0 care °- bound, so that the forbidden and contraband goods may be dis- tinguished by the certificates; which certificates shall have been made out by the officers of the place whence the ship set sail, in the accus- tomed form of the country. And if such passport or certificates, or both, shall have been destroyed by accident or taken away by force, their deficiency may be supplied by such other proofs of ownership as 268 TREATIES AND CONVENTIONS. are admissible by the general usage of nations. Proof with respect to other than merchant ships shall be the commission they bear. This article shall take effect from the date of the signature of the Th* amde to t»k e present convention. And if, from the date of the said sig- fSTrfS.'"^^ nature, any property shall be condemned contrary to the '""'• intent of the said convention, before the knowledge of this stipulation shall be obtained, the property so condemned shall, without delay, be restored or paid for. Article V. The debts contracted by one of the two nations with individuals of Debts due b mdi *k e other, or by the individuals of oue with the individuals Yidu e ai > 9 of u e e ither" I ,a- of the other, shall be paid, or the payment may be prose- tioumay bepaid, &c. , i . . , ' •/» i-w i i -i • _ l cuted, in the same manner as if there had been no misunder- standing between the two States. But this clause shall not extend to indemnities claimed on account of captures or confiscations. Article VI. * Commerce between the parties shall be free. The vessels of the two commerce beiwren nations and their privateers, as well as their prizes, shall the pa«ie S to be free. k e treated in their respective ports as those of the nation the most favoured ; and, in general, the two parties shall enjoy in the ports of each other, in regard to commerce and navigation, the privi* leges of the most favoured nation. Article VII. The citizens and inhabitants of the United States shall be at liberty ehoou of either to dispose by testament, donation, or otherwise, of their SS"tod5viM"their goods, moveable and immoveable, holden in the territory ?he p "St a °«°t h ake'; of the French Republic in Europe, and the citizens of the wit-rS"' °at«™E- French Republic shall have the same liberty with regard t "°- to goods, moveable and immoveable, holden in the terri- tory of the United States, in favor of such persons as they shall think proper. The citizens and inhabitants of either of the two countries who shall be heirs of goods, moveable or immoveable, in the other, shall be able to succeed ab intestato, without being obliged to obtain letters of naturalization, and without having the effect of this provision contested or impeded, under any pretext whatever ; and the said heirs, whether such by particular title, or ab intestato, shall be exempt from any duty whatever in both countries. It is agreed that this article shall in no manner derogate from the laws which either State may now have in force, or hereafter may enact, to prevent emigration ; and also that in case the laws of either of the two States should restrain strangers from the exercise of the rights of property with respect to real estate', such real estate may be sold, or otherwise disposed of, to citizens or inhabitants of the country where it may be, and the other nation shall be at liberty to enact similar laws. Article VIII. To favor commerce on both sides it is agreed that, in case a war should break out between the two nations, which God twcer?the of two r St forbid, the term of six months after the declaration of war Kowedtorem.'" shall be allowed to the merchants and other citizens and inhabitants respectively, on one side and the other, during which time they shall be at liberty to withdraw themselves, with their No debts to be w- confia- ca.se of. war. FRANCE, 1800. 269 effects and moveables, which they. shall be at liberty to carry, send away, or sell, as they please, without the least obstruction ; nor shall their effects, much less their persons, be seized during such term of six months ; on the contrary, passports, which shall be valid for a time necessary for their return, shall be given to them for their vessels and the effects which they shall be willing to send away or carry with them ; and such passports shall be a safe conduct against all insults and prizes which privateers may attempt against their persons and effects. And if anything be taken from them, or any injury done to them or their effects, by one of the parties, their citizens or inhabit- ants, within the term above prescribed, full satisfaction shall be made to them on that account. Article IX. Neither the debts due from individuals of the one nation to indi- viduals of the other, nor shares, nor monies, which they NodeM may have in public funds, or in the public or private banks, ju«t«rf shall ever, in any event of war or of national difference, be sequestered or confiscated. Article X. It shall be free for the two contracting parties to" appoint commercial agents for the protection of trade, to reside in France and commercial <&*, the United States. Either party may except such place as mw be aI " ,oi ° ted - may be thought proper from the residence of those agents. Before any agent shall exercise his functions, he shall be accepted in ABent3toact!1Iler the usual forms by the party to whom he is sent ; and when be™, fomiahed ««!. he shall have been accepted and furnished with his ex- equatur, he shall enjoy the rights and prerogatives of the similar agents of the most favoured nations. Article XI. The citizens of the French Republic shall pay in the ports, havens, roads, countries, islands, cities, and towns of the United Datie3 10 be piiJ States, no other or greater duties or imposts, of what ^TAV^rn^ nature soever they may be, or by what name soever called, fovo,ired ™ Uom - than those which the nation most favored are or shall be obliged to pay ; and they shall enjoy all the rights, liberties, privileges, immuni- ties, and exemptions in trade, navigation, and commerce, whether in passing from one port in the said States to another, or in going to and from the same from and to any part of the world, which the said nations do or shall enjoy. And the citizens of the United States shall reciprocally enjoy, in the territories of the French Republic in Europe, the same privileges and immunities, as well for their property and per- sons as for what concerns trade, navigation, and commerce. Article XII. It shall be lawful for the citizens of either country to sail with their ships and merchandize (contraband goods always excepted) Citiieil8 or France from any port whatever to any port of. the enemy of the |^ f *| v$£ other, and to sail and trade with their ships and merchan- £™-"to &""»}& dise; with perfect security and liberty, from the countries, 01^^^^- ports, and places of those who are enemies of both, or of 270 TREATIES AND CONVENTIONS. either party, without any opposition or disturbance whatsoever, and to pass not only directly from the places and ports of the enemy aforemen- tioned to neutral ports and places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of the same Power or under the several, unless such ports or places shall be actually blockaded, besieged, or invested; And whereas it frequently happens that vessels sail for a port or place be- sotice of bibckade longing to an enemy without knowing that the same is either SptaU'STve^n besieged, blockaded, or invested, it is agreed that every ves- S™™ed cl I. « 5f sel so circumstanced maybe turned away from such port or .ther pone. place, but she shall not be detained, nor any part of her cargo, if not contraband, be confiscated, unless, after notice of such blockade or investment, she shall again attempt to enter ; but she shall be per- mitted to go to any other port or place she shall think proper. Nor shall any vessel of either that may have entered into such port or place before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor if found therein after the reduction and surrender of such place shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. Article XIII. In order to regulate what shall be deemed contraband of war, there shall be comprised, under that denomination, gun-powder, saltpetre, petards, match, ball, bombs, grenades, carcasses, pikes, halberts, swords, belts, pistols, holsters, cavalry-saddles and furni- ture, cannon, mortars, their carriages and beds, and generally all kinds of arms, ammunition of war, and instruments fit for the use of troops; ve».eis laden „iu, all the above articles, whenever they are destined to the Sf "Si of°°the port of an enemy, are hereby declared to be contraband, and Swab" tteprahlE J u st objects of confiscation ; but the vessel in which they are uedgood.. laden, and the residue of the cargo, shall be considered free, and not in any manner infected by the prohibited goods, whether belong- ing to the same or a different owner. Article XIV. It is hereby stipulated that free ships shall give a freedom to goods, Free ships make and that everything shall be deemed to be free and exempt t'aL^'iihoMhb?; which shall be found on board the ships belonging to the ions™ to »<. e,,™y. c jti ze ns of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either, contraband goods being always excepted. It is also tJytTbe proiS-ed agreed, in like manner, that the same liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies to either party, they are not to be taken out of that free ship, unless they are soldiers and in actual service of the enemy. Article XV. On the contrary, it is agreed that whatever shall be found to be laden conikctio. oi by the citizens of either party on any ship belonging to the S?°a?ra™,°B°™".d enemies of the other, or their citizens, shall be confiscated after wans declared, without distinction of goods, contraband or not contraband^ in the same manner as if it belonged to the enemy, except such goods and merchandizes as were put on board such ship before the declaration FRANCE, 1800. 271 of r war, or even after such, declaration, if so be it were done without knowledge of such declaration; so that the goods of the citizens of either party, whether they be of the nature of such as are prohibited, or otherwise, which, as is aforesaid, were put on board any ship belong- ing to an enemy before the war, or after the declaration of the same, without the knowledge of it, shall no ways be liable to confiscation, but shall well and truly be restored without delay to the proprietors de- manding the same ; but so as that if the said merchandizes be contraband, it shall not be any ways lawful to carry them afterwards to any ports belonging to the enemy. The two contracting parties agree that the term of two months being passed after the declaration of war, their respective citizens, from whatever part of the world they come, shall net plead the ignorance mentioned in this article. Article XVI. The merchant ships belonging to the citizens of either of the contract- ing parties, which shall be bound to a port of the enemy of ,,„,„„. wbeeT . one of the parties, and concerning whose voyage and the SSsShtS- articles of their cargo there shall be just grounds of sus- v**"^ picion, shall be obliged to exhibit, as well upon the high seas as in the ports or roads, not only their passports, but likewise their certificates, showing that their goods are not of the quality of those which are specified to be contraband in the thirteenth article of the present con- vention. Article XVII. And that captures on light suspicions may be avoided, and injuries thence arising prevented, it is agreed that when one party i ntimeofw „ the shall be engaged in war, and the other party be neuter, the S„° c u\T"u£ ships of the neutral party shall be furnished with passports poro d m rm£ne5 a m similar to that described in the fourth article, that it may the fourth artkle - appear thereby that the ships really belong to the citizens of the neutral party; they shall be valid for any number of voyages, but shall be renewed every year ; that is, if the ship happens to return home in the space of a year. If the ships are laden, they shall be provided not only with the passports above mentioned, but also with certificates similar to those described in the same article, so that it may be known whether they carry any contraband goods. ,No other paper shall be required, any usage or ordinance to the contrary notwithstanding. And if it shall not appear from the said certificates that there are contraband goods on board, the ships shall be permitted to proceed on If aba „ a dB their voyage. If it shall appear from the certificates that f °'^|3F b ? rdg0 H there are contraband goods on board any such ship, and ship"™ pu" 5 p m her the commander of the same shall offer to deliver them up, the offer shall be accepted, and the ship shall be at liberty to pursue its voyage, unless the quantity of the contraband goods be greater than can conveniently be received on board the ship of war or privateer, in which case the ship may be carried into port for the delivery of the same. If any ship shall not be furnished with such passport or certificates as . are above required for the same, such case may be ex- Iftherei8Mpa , B . amined by a proper judge or tribunal, and if it shall appear j7J h »/{°;j£»™* from other documents or proofs admissible by the usage of *^£ e «£ I . ™> •»•■ nations, that the ship belongs to the citizens of the neutral party, it shall not be confiscated, but shall be released with her cargo (contraband goods excepted) and be permitted to proceed on her voyage. 272 TREATIES AND CONVENTIONS. If the master of a ship named in the passport should happen to die, ii n, a ,ter oi «Ke or b fi removed by any other cause, and another put in his r/lareo'.'han"''^ place, the ship and cargo shall nevertheless be equally Mciue. secure, and the passport remain in full force. Article XVIII. If the ships of. the citizens of either of the parties shall be met with, si,ip» i «t>er M - either sailing along the coasts or on the high seas, by any ^biSTbe's'en't! ship of war or privateer of the other,. for the avoiding of pr^MeSswremaii any disorder the said ships of war or privateers shall remain out <.f cannon-shot. oa £ f cannon-shot, and may send their boats on board the merchant ship which they shall so meet with, and may enter her to the number of two or three men only, to whom the master or commander of such ship shall exhibit his passport concerning the property of the ship, made out according to the form prescribed in the fourth article. And it is expressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his papers, or for any other examination whatever. Article XIX. It is expressly agreed by the contracting parties that the stipulations ships tfndsr convoy above mentioned, relative to the conduct to be observed on not w be examine ^he sea |jy ^ e cru j gers f the belligerent party towards the ships of the neutral party, shall be applied only to ships sailing with- out convoy ; and when the said ships shall be convoyed, it being the in- tention of the parties to observe all the regard due to the protection of the flag displayed by public ships, it shall not be lawful to visit them ; but the verbal declaration of the commander of the convoy, that the ships he convoys belong to the nation whose flag he carries, and that they have no contraband goods on board, shall be considered by the respective cruisers as fully sufficient, the two parties reciprocally en- gaging not to admit, under the protection of their convoys, ships which shall carry contraband goods destined to an enemy. Article XX. In all cases where vessels shall be captured or detained, under pre- tence of carrying to the enemy contraband goods, the captor Receipts to be given i 11 • • i_ j? i o , i „ , 7 i ror the papers or cap- shall give a receipt tor such of the papers of the vessel as he shall retain, which receipt shall be annexed to a descrip- tive list of the said papers ; and it shall be unlawful to break up or open the hatches, chests, trunks, casks, bales, or vessels found on board, or remove the smallest part of the goods, unless the lading be brought on shore in presence of the competent officers, and an inventory be made sale or captured by them of the said goods; nor shall it be lawful to sell, ex- mad"e e »itwhwfui change, ,or alienate the same in any manner, unless there condemnation. gjjgji jjave b een lawful process, and the competent judge or judges shall have pronounced against such goods sentence of confisca- tion, saving always the ship and the other goods which it contains. FRANCE, 1800. 273 Article XXI. And that proper care may be taken of the vessel and cargo, and em- bezzlement prevented, it is agreed that it shall not be lawful ne ma8ter , com . to remove the master, commander, or supercargo of any cap- SS^'Jo IVtl' tured ship from on board thereof, either during the time the moved - ship may be at sea after her capture, or pending the proceedings against her or her cargo, or anything relative thereto. And in all cases where a vessel of the citizens of either party shall be captured or seized, and held for adjudication, her officers, passengers, and crew shall be hospit- ably treated. They shall not be imprisoned or deprived of T „ Itm , nt , rorew any part of their wearing apparel, nor of the possession and "< *-«»«■• use of their money, not exceeding for the captain, supercargo, and mate five hundred dollars each, and for the sailors and passengers one hundred dollars each. Article XXII. It is further agreed that in' all cases the established courts for prize causes, in the country to- which the prizes may be con- ^.^ to be cm ducted, shall alone take cognizance of them. And when- ^tfj^s**- ever such tribunal of either of the parties shall pronounce judgment against any vessel or goods, or property claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives on which the same shall have been founded, and an authenticated copy of the sentence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of the said vessel, without any delay, he paying the legal fees for the same. ARTICLE XXIII. And that more abundant care may be taken for the security of the respective citizens of the contracting parties, and to pre- , , . . jv • ■ ■ • i .1 jy ' j_ Damages by men- vent their suffering injuries by the men-of-war or privateers or-war„r privates of either party, all commanders of ships of war and priva- teers, and all others the said citizens, shall forbear doing any damage to those of the other party, or committing any outrage against them, and if they act to the contrary they shall be punished, and shall also be bound in their persons and estates to make satisfaction and reparation for all damages and the interest thereof, of whatever nature the said damages may be. For this cause all commanders of privateers, before they receive their commissions, shall hereafter be obliged to give, before a Commanders of competent judge, sufficient security by at least two respon- j^^p"'" 3 *'™ sible sureties who have no interest in the said privateer, each of whom, together with the said commander, shall be jointly and severally bound in the sum of seven thousand dollars or thirty-six thousand eight hundred and twenty francs, or if such ships be provided with above one hundred and fifty seamen or soldiers, in the sum of fourteen thousand dollars, or seventy-three thousand six hundred and forty francs, to satisfy all damages and injuries which the said priva- teer, or her officers, or men, or any of them, may do or commit during their cruise,, contrary to the tenor of this- convention, or to the laws and instructions for regulating their conduct ; and further, that in all cases of aggression the said commission shall be revoked and annulled. 18 274 TKEATIES AND CONVENTIONS. Article XXIV. When the ships of war of the two contracting parties, or those Armed v n .ei..^ belonging to their citizens which are armed in war, shall be SuS, md' J? to 1 * admitted to enter with their prizes the ports of either of the wmmei. t w0 parties, the said public or private ships, as well as their prizes, shall not be obliged to pay any duty either to the officers of the place, the judges, or any others ; nor shall such prizes, when they come to and enter the ports of either party, be arrested or seized, nor shall the officers of the place make examination concerning the lawfulness of such prizes ; but they may hoist sail at any time and depart, and carry their prizes to the places expressed in their commissions, which the commanders of such ships of war shall be obliged to shew. It is always understood that the stipulations of this article shall not extend beyond the privileges of the most favored nation. Article XXV. It shall not be lawful for any foreign privateers who have commis- RertrictioiMOHfor- sions fr° m an y Prince or State in enmity with either nation, «, e „ privateers. ^o fft their ships in the ports of either nation, to sell their prizes, or in any manner to exchange them; neither shall they be allowed to purchase provisions, except such as shall be necessary for their going to the next port of that Prince or State from which they have received their commissions. Article XXVI. It is further agreed that both the said contracting parties shall not pirates to be pro- only refuse to receive any pirates into any of their ports, S" d «,r"S? nat havens, or towns, or permit any of their inhabitants to tion receive, protect, harbor, conceal, or assist them in any man- ner, but will bring to condign punishment all such inhabitants as shall be guilty of such acts or offences. And all their ships, with the goods or merchandises, taken by them and brought into the port of either of the said parties, shall tale» "bSTpfrato."?? be seized as far as they can be discovered, and shall be restored to the owners, or their factors or agents duly authorised by them ; (proper evidence being first given before compe- tent judges for proving the property ;) even in case such effects should have passed into other hands by sale, if it be proved that the buyers knew or had good reason to believe or suspect that they had been piratically taken. Article XXVH. Neither party will intermeddle in* the fisheries of the other on its coasts, nor disturb the other in the exercise of the rights eiSer p5rw r no B t to which it now holds or may acquire on the coast of New- be intend wj.h. foundland> in the Gulph of st Lawrence, or elsewhere on the American coast northward of the United States. But the whale and seal fisheries shall be free to both in every quarter of the world. This convention shall be ratified on both sides in due form, and the ratifications exchanged in the space of six months, or sooner Ratifications ex- • « 'i_i changed within six II pOSSlDlG. montha. In faith whereof the respective Plenipotentiaries have signed the 275 above articles both in the French and English languages, and they have thereto affixed their seals : declaring, nevertheless, that the sign- ing in the two languages shall not be brought into precedent, nor in any way operate to the prejudice of either party. Done at Paris the eighth day of Vendemiaire of the ninth year of the French Eepublic, the thirtieth day of September, anno Domini eighteen hundred. J. BONAPARTE. 0. P. FLEURIEU. ROEDERER. O. ELLSWORTH. W. R. DAVIE. W. V. MURRAY. L. S. L. S. L. S. L. S. L. S. L. S. [The Senate of the United States did, by their resolution on the 3d day of February, 1801, consent to and advise the ratification of the con- vention : Provided, The second article be expunged, and that the follow- ing' article be added or inserted : " It is agreed that the present con- vention shall be in force for the term of eight years from the time of the exchange of the ratifications." Bonaparte, First Consul, in the name of the French people, con- sented on the 31st July, 1801, "to accept, ratify, and t confirm the above convention, with the addition importing that the convention shall be in force for the space of eight years, and with the retrenchment of the second article : Provided,' That by this retrenchment the two States renounce the respective pretentions, which are the object of the said article." These ratifications, having been exchanged at Paris on the 31st of July, 1801, were again submitted to the Senate of the United States, which on the 19th of December, 1801, declared the convention fully rati- fied, and returned it to the President for promulgation.] TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE FRENCH REPUBLIC. CONCLUDED APRIL 30, 1803. The President of the United States of America, and the First Consul of the French Republic, in the name of the French people, sreof the desiring to remove all source of misunderstanding relative ''^"/^HndB 1 to objects of discussion mentioned in the second and fifth ataXV^S" e u articles of the convention of the 8th Vendemiaire, an 9 the t£»tVS 9 till r S, (30th September, 1800) relative to the rights claimed by the &c " United States, in virtue of the treaty concluded at Madrid, the 27th of October, 1795, between his Catholic Majesty and the said United States, and willing to strengthen the union and friendship which at the time of the said convention was happily re-established between the two nations, have respectively named their Plenipotentiaries, to wit : the President of the United States, [of America,] by and with the advice and consent of the Senate of the said States, Robert R. Livingston, Minister Pleni- potentiary of the United States, and James Monroe, Minister Plenipo- tentiary and Envoy Extraordinary of the said States, near the Govern- ment of the French Republic ; and the First Consul, in the name of the French people, Citizen Francis Barbe Marbois, Minister of the Public Treasury ; who, after having respectively exchanged their full powers, have agreed to the following articles : 276 TREATIES AND CONVENTIONS. Article I. Whereas by the article the third of the treaty concluded at St, Idelfonso, the 9th Vend^miaire, an 9 (1st October, 1800,) sp?rn roc ,r™ra„°c™ between the First Consul of the French Eepublic and His ; ' Catholic Majesty, it was agreed as follows : " His Catholic Majesty promises and engages on his part, to cede to the French Eepub- lic, six months after the full and entire execution of the conditions and stipulations herein relative to His Eoyal Highness the Duke of Parma, the colony or province of Louisiana, with the same extent that it now has in the hands of Spain, and that it had when 'France possessed it, and such as it should be after the treaties subsequently entered into between Spain and other States." And whereas, in pursuance of the treaty, and particularly of the third article, the French Eepublic has an incontestible title to the domain and to the possession of the said terri- tory : The First Consul of the French Eepublic desiring to give to the United States a strong proof of his friendship, doth hereby cede to the said United States, in the name of the French Eepublic, forever and in full sovereignty, the said territory, with all its rights and appurtenances, as fully and in the same manner as they have been acquired by the French Eepublic, in virtue of the above-mentioned treaty, concluded with His Catholic Majesty. Article II. In the cession made by the preceding article are included the adjacent laws, *c, in- islands belonging to Louisiana, all public lots and squares, br?hep?ecedi im° vacant lands, and all public buildings, fortifications, bar- cles - racks, and other edifices which are not private property. The archives, papers, and documents, relative to the domain and sov- ereignty of Louisiana and its dependences, will be left in the possession of the commissaries of the United States, and copies will be afterwards given} in due form to the magistrates and municipal ofiicers of such of the said papers and documents as may be necessary to them. Article III. The inhabitants of the ceded territory shall be incorporated in the , Union of the United States, and admitted as soon as possi- cededteSy'inco* ble, according to the principles of the Federal constitution, S™ "certain 6 P r°S to the enjoyment of all the rights, advantages, and immuni- ties of citizens of the United States ; and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess. Article IV. There shall be sent by the Government of France a commissary to a commissary to Louisiana, to the end that he do every act necessary, as well » « n ceiye™th : e r pro e to receive from the officers of His Catholic Majesty the said anXpass^roveS country and its dependences, in the name of the French a. united state. Republic, if it has not been already done, as to transmit it in the name of, the French Eepublic to the commissary or agent of the United States. Article V. Immediately after the ratification of the present treaty by the Presi- whenthecommis- dent of the United States, and in case that of the First unite" state, .hail Consul shall have been previously obtained, the commissary have possession. of the French Eepublic shall remit all military posts of PRANCE, 1803. 277" New Orleans, and other parts of the ceded territory, to the commissary or commissaries named by the President to take possession ; the troops, whether of France or Spain, who may be there, shall cease to occupy- any military post from the time of taking possession, and shall be embarked as soon as possible, in the course of three months after the ratification of this treaty. Article VI. The United States promise to execute such treaties and articles as may have been agreed between Spain and the tribes and Un . ted SMea to nations of Indians, until, by mutual consent of the United «eS" ■;««£? in- states and the said tribes or nations, other suitable articles shall have been agreed upon. Article VII. As it is reciprocally advantageous to the commerce of Prance and the - United States to encourage the communication of both na- reBBel „ of Fra „ ce tions for a limited time in the country ceded by the present s£ BS." *, treaty, until general arrangements relative to the commerce l^uie* SSS » of both nations may be agreed on ; it has been agreed be- "^^fTiiited tween the contracting parties, that the French ships coming state "' &c - directly from Prance or any of her colonies, loaded only with the pro- duce and manufactures of France or her said colonies ; and the ships of Spain coming directly from Spain or any of her colonies, loaded only with the produce or manufactures of Spain or her colonies, shall be ad- mitted during the space of twelve years in in the port of New Orleans, and in all other legal ports of entry within the ceded territory, in the same manner as the ships of the United. States coming directly from France or Spain, or any of their colonies, without being subject to any other or greater duty on merchandize, or other or greater tonnage than that paid by the citizens of the United States. During the space of time above mentioned, no other nation shall have a right to the same privileges in the ports of the ceded ,,<> other reads territory; the twelve years shall commence three months JSS^dur'nTS'Sd after the exchange of ratifications, if it shall take place in peri0 an ^ i n the same 'time, and jointly. Article X. The present treaty shall be ratified in good and due form, and the ratifications shall be exchanged in the space of six mouths ralificSna'mu.t'Ea after the date of the signature by the Ministers Plenipoten- tiary, or sooner if possible. In faith whereof, the respective Plenipotentiaries have signed these articles in the French and English languages ; declaring nevertheless that the present treaty was originally agreed to in the French language; and have thereunto affixed their seals. Done at Paris the tenth day of Flor6al, in the eleventh year of the French Eepublic, and the 30th of April, 1803. EOBT. E. LIVINGSTON, [l. s. JAS. MONROE. [L. s. F. BAEBE MAEBOIS. l. s. FEANCE, 1803. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE FRENCH REPUBLIC. CONCLUDED APRIL 30, 1803. The President of the United States of America and the First Consul of the French Eepublic, in the name of the French people, in conse- quence of the treaty of cession of Louisiana, which has been signed this day, wishing to regulate definitively everything which has relation to the said cession, have authorized to this effect the Plenipotentiaries, that is to say : the President of the United States has, by and with the advice and consent of the Senate of the said States, nominated for their Plenipotentiaries, Eobert E. Livingston, Minister Plenipotentiary of the United States, and James Monroe, Minister Plenipotentiary and Envoy Extraordinary of the said United States, near the Government of the French Eepublic; and the First Consul of the French Eepublic, in the name of the French people, has named as Plenipotentiary of the said Eepublic, the citizen Francis Barbe" Marbois; who, in virtue of their full powers, which have been exchanged this day, have agreed to the following articles : Article I. The Government of the United States engages to pay to the French umted state, en- Government, in the manner specified in the following article, KrancrtoKc° e ; the sum of sixty millions of francs, independent of the sum **■ ' which shall be fixed by another convention for the payment of the debts due by France to citizens of the United States. FRANCE, 1803. 279 Article II. For the payment of the sum of sixty millions of francs, mentioned in the preceding article, the United States shall create a stock Aa tocktobecrea. of eleven millions two hundred and fifty thousand dollars, 6ofooot3SS) a, or , fra*»! bearing an interest of six per cent, per annum, payable half &c - yearly in London, Amsterdam, or Paris, amounting by the half year, to three hundred and thirty-seven thousand five hundred dollars, accord- ing to the proportions which shall be determined by the French Govern- ment to be paid at either place ; the principal of the said stock to be reimbursed at- the Treasuryof the United States, in annual payments of not less than three millions of dollars each, of which the ^en the ir.t pay- first payment shall commence fifteen years after the date of m ™«»i>aiib B made. the exchange of ratifications : this stock shall be transferred to the Government of France, or to such person or persons as shall be author- ized to receive it, in three months at most after the exchange of the ratifications of this treaty, and after Louisiana shall be taken possession of in the name of the Government of the United States. It is further agreed, that if the French Government should be desir- ous of disposing of the said stock to receive the capital in Europe, at shorter terms, that its measures for that pur- sS^E'talS- pose shall be taken so as to fayor, in the greatest degree thf'best terma up fo" possible, the credit of the United States, and to raise to the Dnited states ' highest price the said stock. Article III. It is agreed that the dollar of the United States, specified in the present convention, shall be fixed at five francs rWrnr or five ™„e „r the doi-. livres eight sous tournois. '^fJ^LT' 3 The present convention shall be ratified in good and due form, and the ratifications shall be exchanged in the space of six whe„ convention months to date from this day, or sooner if possible. eTeSed" iaed and In faith of which, the respective Plenipotentiaries have signed the above articles, both in the French and English languages, declaring, nevertheless, that the present treaty has been originally agreed on and written in the French language ; to which they have hereunto affixed their seals. Done at Paris the tenth of Flor<§al, eleventh year of the French Ee- public, (30th April, 1803.) EOBT. E. LIVINGSTON. JAS. MONROE. BAEBE MAEBOIS. L. S. L. S. L. S. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE FRENCH REPUBLIC. CONCLUDED APRIL 30, 1803. The President of the United States of America and the First Consul of the French Eepublic, in the name of the French people, having by a treaty of this date terminated all difficulties relative to Louisiana, and established on a solid foundation the friendship which unites the two nations, and being desirous, in compliance with the second and fifth articles of the convention of the eighth Vend6miaire, ninth year of the French Eepublic, (30th September, 1800,) to secure the payment of the sums due by France to the citizens of the United States, have respect- 280 TREATIES AND CONVENTIONS. ively nominated as Plenipotentiaries, that is to say : the President of the United States of America, by and with the advice and consent of their Senate, Robert R. Livingston, Minister Plenipotentiary, and James Monroe, Minister Plenipotentiary and Envoy Extraordinary of the said States, near the Government of the French Republic ; and the First iConsul, in the name of the French people, the citizen Francis Barbe" Marbois, Minister of the Public Treasury; who, after having exchanged their full powers, have agreed to the following articles : Article I. The debts due by France to citizens of the United States, contracted Debt, due from k e f ore t ne 8th. of Vend^miaire, ninth year of the French France"^ ei?Ln. S Republic, (30th September, 1800,) shall be paid according to United States to be ,, r „ ,. ' V f ,. ' ... ." 2. j. • ^ 1 Sed re^MioM to following regulations, with interest at six per cent., to commence from the periods when'the accounts and vouchers were presented to the French Government. Article II. The debts provided for by the preceding article are those whose re- sult is comprised in the conjectural note annexed to the Debts provided for . *- . . -t i ■ -i ■ < t , -i ■ i , by a. pieced^ ar- present convention, and which, with the interest, cannot exceed the sum of twenty millions of francs. The claims comprised in the said note which fall within the exceptions of the fol- lowing articles, shall not be admitted to the benefit of this provision. Article III. The principal and interests of the said debts shall be discharged by how the said debu the United States, by orders drawn by their Minister Pleni- aretobepaid. potentiary on their treasury; these orders shall be payable sixty days after the exchange of ratifications of the treaty and the con- ventions signed this day, and after possession shall be given of Louisiana by the commissaries of France to those of the United States. Article IV. It is expressly agreed that the preceding articles shall comprehend no what debts are debts but such as are due to citizens of the United States, com P rehend e ed by ae who have been and are yet creditors of France, for supplies, for embargoes, and prizes made at sea, in which the appeal has been properly lodged within the time mentioned in the said conven- tion, 8th Vend^miaire, ninth year, (30th September, 1800.) t Article V. The preceding articles shall apply only, 1st, to captures of which the to what o«es tie? C0UDC ^ of P rize s shall have ordered restitution, it being well areYarticSS 'to understood that the claimant cannot have recourse to the United States, otherwise than he might have had. to the Government of the French Republic, and only in case of insufficiency of the captors ; 2d, the debts mentioned in the said fifth article of the conven- tion contracted before the 8th Vend^miaire, an 9, (30th September, 1800,) the payment of which has been heretofore claimed of the actual Govern- ment of France, and for which the creditors have a right to the protec- tion of the United States ; the said fifth article does not comprehend prizes whose condemnation has been or shall be confirmed: it is the FRANCE, 1803. 281 express intention of the contracting parties not to extend the benefit of the present convention to reclamations of American citizens, who shall have established houses of commerce in France, England, or other countries than the United States, in partnership with foreigners, and who by that reason and the nature of their commerce ought to be re- garded as domiciliated in the places where such houses exist. All agreements and bargains concerning merchandize, which shall not be the property of American citizens, are equally excepted from the benefit of the said convention, saving, however, to such persons their claims in like manner as if this.treaty had not been made. Article VI. And that the different questions which may arise under the preceding article may be fairly investigated, the Ministers Plenipoten- moMm ^.^ tiarv of the United States shall name three persons, who tenti"ry e or u°S J „ , , , . . -,1 i i_ -L n States to appoint shall act from the present and provisionally, ana wno snail oommi« > io>.or.toact , „ ,-*■ . .,i. • j-i t provisionally. have full power to examine, without removing the docu- ments, all the accounts of the different claims already liquidated by the bureaus established for this purpose by the French Eepublic, and to ascertain whether they belong to the classes designated by the present convention and the principles established in it; or if they are not in one of its exceptions and on their certificate, declaring that the debt is due to an American citizen or his representative, and that it existed before the 8th Vend^miaire, 9th year, (30th September, 1800,) the debtor shall be entitled to an order on the treasury of the United States, in the manner prescribed by the third article. Article VII. The same agents shall likewise have power, without removing the documents, to examine the claims which are prepared for to examine the verification, and to certify those which ought to be admitted c ™$ fc'Srhich by uniting the necessary qualifications, and not being com- °»«i>"°»eadn]iue © 1D43 d § / " a a'S B O o ._ '|SgS -'§■§■§•' £ e 2.2 ft w ■3 'g : 3 § M ;^~ b ^ggt/i a££g §3353 . H to « S|P?| §-.§>.§>£ •«-S.s.s.g I'M! Is fl M "griS 1-1 W Sac 03 S t> "mo ?N 8 » 3 B B §1 B 8 ®^3 ca — g o a «£ s.s .g« -P SB ^a si S (D ® D9 © no om a o R Bdo.g g^ 'o ® eDGj'B B » S CD o c3 §.03 P o 50 36 aa 3d S ^r ft ^ a W5? s a p. 1 £P in •9 s B 3 •a a m a if B W g e % M B H i5 £ =81 rt Oj ft '3 g xn 3 s C5 ct> © ^ a J3 a PMc-3 h>v; h> Ha S-S'ia.1 « jh t> ft =r" B ieV+3-wco ^B = t> : CtJ PH •soj^ran^i 284 TREATIES AND CONVENTIONS. m s gag s ° § IS «Hoto t-m ooo g © In t> fl fl c> o t-t > a n © ft ■s .»§, :4* • OS 3 Ph . © o » a = .2 Org- 5oS°* II! II o .a ® ■ 1-fHrtH 03 m — JS . CD ■ -« :§| e • ! a « ■ a S|tfM§§ ■55 ;g.S>«r« ^•C £ | o Ig o •ih eo -r-i en ^ ch a 5s ■ tj o>^ £■« S3" O-.-®fc>fl-t at0 £- 5 O*"; oj'ea ©*" © to- id «3 ©'H rt 5) © © co 3*3 :§§ O v «,'0 HA H t H S -S3 d is ill P ■BOjgranji 3 o o ihto eo -^n in FRANCE, ' 1803. 285 0(0(0 OOlO VOOOOHO© , tOO'^ MOair «ff.0iD»OO OOOCCOO 000(000 - J _ M(0iHO00t-00(0Ot-C0«(0Q0t-Oi , S«OOr-(«0OO WOMOOO OlOOOJOW ,_! ^h Hn H ' rtrl rH^.fljmrl l-tt-li-lr-l M Snoo55n«'* §r-nnm^Tt>coogo'2'H3!Er2; j-'Spst-t-wcocowio ©o w oo w o ^ i^ U5 ^ ^ c*i gu ps s# ri; S 1 ^— ' UJ *~" w ' w "^ w- **^ s ^ p r ~ I v " ' — ' ** w ^' ^ ^ ^ ^* ^ ^* (0-HOO^ 'S rH CO tH CO a-" - H ve (OTt< oioi SSJH t- CO oxo nt* 3 «■ ® "S .S *£ EsfifcyQ O HjS •isofl £ m 1 n a, ^ a I o d I .»4l ^^£3 of < aa &g 1 § 9r s>9 a 1 pi-si-='S, IS^dS)"- . ' s"'="3 g-g ilfivis - v^ollJa® iIhIII i&ii rf t3 ^ _ ft ^ H ® "3 . =d co ST ^.2t3 3T3 a - ^ . o "3 ouJrTi ers K.1 a 9 _ n fe.2 : x >x i) x- mot-cues tjj X X 1 X X 1 — 286 TREATIES AND CONVENTIONS. o I H M Hi a; b ,2 •g-§ Si -^ O © O -T OOOo O O © OO rH !D ©GQ& O O iOOX'O C0XO<0 O « C» f « O !C ■* O O iO 10 in ■* o o* t-^nowMnHMOirt nvno wnnohioHOonoin W CO W © IflClCDCOlOM-lO'TOO) lO O iO lO in o; ci cj on |8 J* 'D © a t, «B.A 3 -1*1 111 si ft t- o ao* ■eoasjum^ ■3 -B a -3 .2 fs o © s © o •2 "'9 Op 5-5 SSSy .11 e * ■ •-fa^s P CO © 02 ©«JCj3 © a,T3 ■ ; ffl _ Ej ffl (*> 05 ;-a «.« ,2 3^a ©h *£ f-I © "J3 ta "a s 11 to rH © ="§ o « Hi 1 03 Ph uc •* lO <0 t- 00 OS © a ^ ft- 2 .5-3 -a s 3 Pi II O R a a £ o as a-« V B k ° PS H2 do 03 0Q"3 sssa §1S| r 15-8*1 , FRANCE, 1822. 287 FEANCE, 1822. CONVENTION OF NAVIGATION AND COMMERCE BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF FRANCE AND NAVARRE. CONCLUDED JUNE 24, 1822; RATIFICATIONS EXCHANGED FEBRUARY 12, 1823 ; PROCLAIMED FEBRUARY 12, 1823. i The United States of America and His Majesty the King of France and Navarre, being desirous of settling the relations of navi- gation and commerce between their respective nations, by a temporary convention reciprocally beneficial and satisfactory, and thereby of leading to a more permanent and comprehensive arrange- ment, have respectively furnished their full powers in manner following, that is to say : The President of the United States to John Quincy Adams, their Secretary of State, and His Most Christian Majesty to Joh „ QuiI]Cy the Baron Hyde de Neuville, Knight of the Eoyal and ^sr"**^ Military Order of St. Louis, Commander of the Legion t0 ™ of Honor, Grand Cross of the Eoyal American Order of Isabella the Catholic, his Envoy Extraordinary and Minister Plenipotentiary near the United States; ' Who, after exchanging their full powers, have agreed on E xch a „ g e r m the following articles: powerl - Article I. ^ Articles of the growth, produce, or manufacture, of the United States, imported into France in vessels of the United States, shall pay an additional duty, not exceeding twenty francs per ton the rt i c ilt 8 4d sm°«, of merchandize, over and above the duties paid on the like ™ SSSJuTto w"£ articles, also of the gf owtb, produce, or manufacture, of the F "" 1CB ' &c United States, when imported in French vessels. Article II. Articles of the- growth, produce, or manufacture, of France, imported into the United States in French vessels, shall pay an additional duty, not exceeding three dollars and seventy- r££t&>J&i °l five cents per ton of merchandize, over and above the duties vlTt tETtrSued collected upon the like articles, also of the growth, produce, state8 ' &c ' or manufacture of France, when imported in vessels of the United States. Article III. No discriminating duty shall be levied upon the productions of the soil or industry of France, imported in French bottoms into Good9 for tramt the ports of the United States for transit or re-exportation ; ° r /°f e, £°Tli: nor shall any such duties be levied upon the productions of ^sli"£li' 17 "^ the soil or industry of the United States, imported in vessels "''" of the United States into the ports of France for transit or re-expor- tation. Article IV. The following quantities shall be considered as forming the ton of merchandize for each of the articles hereinafter specified: Q Uanti tie 8 ,„. Wines— four 61-gallon hogsheads, or 244 gallons of 231 cubic p ° 8ine the "•"■ inches, American measure. ' 288 TREATIES AND CONVENTIONS. Brandies, and all other liquids, 244 gallons. Silks and all other dry goods, and all other articles usually subject to measurement, forty-two cubic feet, French, in France, and fifty cubic feet American measure, in the United States. Cotton, 804 lbs. avoirdupois, or 365 kilogrammes. Tobacco, 1,600 lbs. avoirdupois, or 725 kilogrammes. Ashes, pot and pearl, 2,240 lbs. avoirdupois, or 1,016 kilogs. Eice, 1,600 lbs.i avoirdupois, or 725 kilogrammes ; and for all weiglr- able articles, not specified, 2,240 lbs. avoirdupois, or 1,016 kilogrammes. Article V. The duties of tonnage, light-money, pilotage, port charges, brokerage, Dutie. of to„ n age, and 'all other duties upon foreign shipping, over and above nof k to n, °Sed &c i , „ those paid by the national shipping in the two countries S?tooonAm2X respectively, other than those specified in articles 1 and 2 oi vesaeia, &c. ^ e p resen t convention, shall not exceed in France, for ves- sels of the United States, five francs per ton of the vessel's American register; nor for vessels of France in the United States, ninety-four cents per ton of the vessel's French passport. Article VI. The contracting parties, wishing to favor their mutual commerce, by .'affording in their ports every necessary assistance to their Consuls and vice- . . -, 1 -, , T . ■■• jl -m * conmis of either na- respective vessels, have agreed that the consuls and vice- tion, in the other, 1 .-. j_-ij_i m t , , may cause the a*e.t consuls may cause to be arrested the sailors, being part ot of deaerters, and de- ,-. « j-i l /» j_i ■ j* j_* i tain them for three the crews of the vessels of their respective nations, who shall have deserted from the said vessels, in order to send them 'back and transport them out of the country. For which purpose the said consuls and vice-consuls shall addresifthemselves to the courts, judges, and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessel, or ship's roll, or other official documents, that those men were part of the said crews; and on this demand, so proved, (saving however where the con- trary is proved,) the delivery shall not be refused ; and there shall be given all aid and assistance to the said consuls and vice-consuls for the search, seizure, and arrest of the said deserters, who shall even be de- tained and kept in the prisons of the country, at their request and expense, until they shall have found an opportunity of sending them back. But if they be not sent back within three months, to be counted from the day of their arrest, they.shall be set at liberty, and shall be no more arrested for the same cause. Article VII. The present temporary convention shall be in force for two years from co„vent,on to be the first day of October next, and even after the expiration from r V"octobe™ of that term, until the conclusion of a definitive treaty, or 1822 ' until one of the parties shall have declared its intention to renounce it ; which declaration shall be made at least six months before- hand. And in case the present arrangement should remain without such declaration of its discontinuance by either party, the extra end x o t f'tto t 'yea a "to duties specified in the 1st and 2d articles, shall* from the ro e url™d e »o by rrora expiration of the said two years, be, on both sides, dimin- ished by one-fourth of their whole amount, and, afterwards, FRANCE, 1831. 289 by one-fourth of the said amount from year to year, so long as neither party shall have declared the intention of renouncing it as above stated. Article VIII. The present convention shall be ratified on both sides, and the ratifi- cations shall be exchanged within one year from the date y be hereof, or sooner if possible. But the execution of the said ratifiSd e withta to oJ convention shall commence in both countries on the first of year ' October next, and shall be effective, even in case of non-ratification, for all such vessels as may have sailed bona fide for the ports of either nation, in the confidence of its being in force. In faith whereof, the respective Plenipotentiaries have signed the pre- sent convention, and have thereto affixed their seals, at the city of Washington, this 24th day of June, A. D. 1822. JOHN QUINOY ADAMS, [l. g.l G. HYDE DE NEUVILLE. [l. s. SEP ABATE AETICLE. The extra dufies levied on either side before the present day, by virtue of the act of Congress of 15th May, 1820, and of the ordi- nance of 26th July of the same year, and others confirma- tive thereof, and which have not already been paid back, shall be refunded. Signed and sealed as above, this 24th day of June, 1822. JOHN QUINCY ADAMS. G. HYDE DE NEUVILLE. L. S.] L. S.I FBANCE, 1831. CONVENTION WITH FRANCE. CONCLUDED JULY 4, 1831 ; RATIFICATIONS EXCHANGED FEBRUARY 2, 1832 ; PROCLAIMED JULY 13, 1832. The United States of America and His Majesty the King of the French, animated with an equal desire to adjust amicably, ]832 ch 199 and in a manner conformable to equity, as well as to the relations of good intelligence and sincere friendship which unite the two countries, the reclamations formed by the respective Governments, have, for this purpose, named for their Plenipotentiaries, to wit : The President of the United States, by and with the advice and con- sent of the Senate, William 0. Bives, Envoy Extraordinary and Minis- ter Plenipotentiary of the said United States, near His Majesty the King of the French, and His Majesty the King of the French, Count Horace Sebastiani, Lieutenant General of his Armies, his Minister Sec- retary of State for the Department of Foreign Affairs, &c, &c. ; Who, after having exchanged their full powers, found in good and due form, have agreed upon the following articles : 19 290 TREATIES AND CONVENTIONS.- ARTICLE I. The French Government, in order to liberate itself completely from 1^™.,^ to Amer- all the reclamations preferred against it by citizens of the ican citizens. United States, for unlawful seizures, captures, * sequestra- tions, confiscations, or destructions of their vessels, cargoes or other property, engages to pay a sum of twenty-five millions of francs to the Government of the United States, who shall distribute it among those entitled, in the manner and according to the rules which it shall deter- mine. Article II. The sum of twenty-five millions of francs, above stipulated^ shall be paid at Paris, in six annual > instalments, of four millions one hundred and sixty-six thousand six hundred and sixty- six francs sixty-six centimes each, into the hands of such person or per- sons as shall be authorized by the Government of the United States to receive it. The first instalment shall be paid at the expiration of one year next following the exchange of the ratifications of this convention, and the others at successive intervals of a year, one after another, till the whole shall be paid. To the amount of each of the said instalments shall be added interest at four per cent, thereupon, as upon the other instalments then remaining unpaid ; the said interest to be computed from the day of the exchange of the ratifications of the present convention. Article III. The Government of the United States, on its part, for the purpose of indemnity to being liberated completely from all the reclamations pre- i-rench Government. sen t e d by France on behalf of its citizens, or of the Boyal Treasury, (either for ancient supplies or accounts, the liquidation of which had been reserved, or for unlawful seizures, captures, detentions, arrests, or destructions of French vessels, cargoes, or other property,) engages to pay to the Government of His Majesty (which shall make distribution of the same in the manner and according to the rules to be determined by it) the sum of one million five hundred thousand francs. Article IY. The sum of one million five hundred thousand francs, stipulated in the preceding article, shall be payable in six annual instal- ments, of two hundred and fifty thousand francs; and the payment of each of the said instalments shall be effected by a reserva- tion of so much out of the annual sums which the French Government is bound, by the second article above, to pay to the Government of the United States. To the amount of each of these instalments shall be added interest at four per cent, upon the instalment then paid, as well as upon those still due ; which payments of interest shall be effected by means of a reservation, similar to that already indicated for the payment of the principal. The said interest shall be computed from the day of the ex- change of the ratifications of the present convention. FRANCE, 1831. 291 Article V. As to the reclamations of French citizens against the Government of the United States, and the reclamations of citizens of the ohetcVm , United States against the French Government, which ape of a different nature from those which it is the object of the present convention to adjust, it is understood that the citizens of the two na- tions may prosecute them in the respective countries before the compe- tent judicial or administrative authorities, in complying with the laws and regulations of the country, the dispositions and benefit of which shall be applied to them, in like manner as to native citizens. Article VI. The French Government and the Government of the United States reciprocallv engage to communicate to each other, by the in- ^ ,. " « .? j- t i* j.1 t j. j-' a/I Reciprocal engage- termediarv of the respective legations, the documents, titles, ™™t » »— ■ . " .. .. *■ P n 'T. . ji • !• cate documents, &c. or other informations proper to facilitate the examination ,and liquidation of the reclamations comprised in the stipulations of the present convention. Article VII. The wines of France, from and after the exchange of the ratifications of the present convention, shall be admitted to consump- tion in the States of the Union at duties which shall not ex- ceed the following rates, by the gallon, (such as it is used at present for wines in the United States,) to wit: six cents for red wines in casks; ten cents for white wines in casks ; and twenty-two cents for wines of all sorts in bottles. The proportion existing between the duties on French wines thus reduced, and the general rates of the tariff which went into operation the first of January, 1829, shall be maintained, in case the Government of the United States should think proper to di- minish those general rates in a new tariff. In consideration of this stipulation, which shall be. binding on the United States for ten years, the French Government abandons the re- clamations which it had formed in relation to the 8th article Eigtell article lo»- of the treaty of cession of Louisiana. It engages', more- "^cession ueat, over, to establish on the long staple cottons of the United States, which, after the exchange of the ratifications of the present convention, shall be brought directly thence to France by the vessels of the United States, or by French vessels, the same duties as on short staple cottons. Article VIII. The present convention shall be ratified, and the ratifications shall be exchanged at Washington, in the space of eight months, or E SClia „ ge „ f „««- sooner if possible. oa "°° s ' In faith of which, the respective Plenipotentiaries have signed these "•articles, and thereto set their seals. Done at Paris the fourth day of the month of July, one thousand eight hundred and thirty-one. W. C. RIVES. HOEACE SEBASTIANI. L. S. L. S. 292 TREATIES AND CONVENTIONS. FEANCE, 1843. CONVENTION FOE THE SURRENDER OP CEIMINALS BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF THE FRENCH. CONCLUDED NOVEMBER 9, 1843 ; RATIFICATIONS EXCHANGED APElL 12, 1844 ; PEOCLAIMED APEIL. 13, 1844. The United States of America and His Majesty the King of the French having judged it expedient, with a view to the bet- ter administration of justice, and to the prevention of crime within their respective territories and jurisdictions, that persons charged with the crimes hereinafter enumerated, and being fugitives from jus- tice, should, under certain circumstances, be reciprocally delivered up, the said United States of America and His Majesty the King of the French have named as their Plenipotentiaries to conclude a convention for this purpose : That is to say, the President of the United States of America, Abel P. Upshur, Secretary of State of the United States, and His Majesty the King of the French, the Sieur Pageot, officer of the Eoyal Order of the Legion of Honor, his Minister Plenipotentiary, ad interim, in the United States of America ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles : Article I. It is agreed that the high contracting parties shall, on requisitions per»o M accused of made in their name, through the medium of their respective SlSMrS diplomatic agents, deliver up to justice persons who, being wkttm'tc. accused of the crimes enumerated in the next following article, committed within the jurisdiction of the requiring party, shall seek an asylum, or shall be found within the territories of the other : ■ Provided, That this shall be done only when the fact of the commission of the crime shall be so established as that the laws of the country in which the fugitive or the person so accused shall be found would justify his or her apprehension and commitment for trial, if the crime had been there committed. Article II. Persons shall be so delivered up who shall be charged, according to per»o»s to be de- the provisions of this convention, with any of the following "har r g e i dwiin , 'c u e*r t ta'i6 crimes,, to wit : Murder, (comprehending the crimes desig- weciced crime.. na ted in the French penal code by the terms, assassination, parricide, infanticide, and poisoning,) or with an attempt to commit murder, or with rape, or with forgery, or with arson , or with embez- zlement by public officers, when the same is punishable with infamous punishment. Article III. On the part of the French Government, the surrender shall be made surrender, by °^J Dv authority of the Keeper of the Seals, Minister of »hom to be made, Justice ; and on the part of the Government of the United States, the surrender shall be made only by authority of the Executive thereof. Article IV. The expenses of any detention and delivery effected in virtue of the FRANCE, 1843, 1845. 293 preceding provisions shall be borne and defrayed by the nBM lo be Government in whose name the requisition shall have been bonAy a» »artr * making requisition. made. , Article V. The provisions of the present convention shall not be applied in any manner to the crimes enumerated in the second article, com- Bot „, appIy t0 mitted anterjor to the date thereof, nor to any crime or of- ^i^TS™ fence of a purely political character. tico1 ° Sm - Article VI. This convention shall continue in force until it shall be abrogated by the contracting parties, or one of them ; but it shall not be To mMinue m abrogated, except by mutual consent, unless the party de- a6r< " B " ei siring to abrogate'it shall give six months' previous notice of his inten-^ tion to do so. It shall be ratified, and the ratifications shall Eatifloat . oM to be be exchanged within the space of six months, or earlier if erc^wSSm".^ possible. In witness whereof, the respective Plenipotentiaries have signed the present convention in duplicate, and have affixed thereto the seal of their arms. Done at Washington the ninth day of November, anno Domini one thousand eight hundred and forty-three. A. P. UPSHUK. A. PAGBOT. L. S. L. S. FBANCE, 1845. ADDITIONAL ARTICLE TO THE TREATY WITH FRANCE, OF NOVEMBER 9, 1843. CONCLUDED FEBRUARY 24, 1845; RATIFICATIONS EXCHANGED JUNE 21, 1845 ; PROCLAIMED JULY 24, 1S45. The crime of robbery, defining the same to be the felonious and forci- ble taking from the person of another, of goods or monev to •II ■■, ... 4 . °. „ -i,t The crimes of rob- any value, by violence, or putting him in fear; and the beryandburawyde- crime of burglary, defining the same to be, breaking and *■*«£• pWsSm oi entering by night into a mansion-house of another, with th "" rei " intent to commit felony ; and the corresponding crimes included under the French law in the words vol qualiJU crime, not being embraced in the second article of the convention of extradition concluded between the United States of America and France, on the ninth of November, 1843, it is agreed by. the present article, between the high contracting parties,. that persons charged with those crimes shall be respectively delivered up, in conformity with the first article of the said convention ; and the present article, when ratified by the parties, shall constitute a part of the said convention, and shall have the same force as if it had been originally inserted in the same. In witness whereof, the respective Plenipotentiaries have signed the present article, in duplicate, and have affixed thereto the seal of their arms. Done at Washington this twenty- fourth of February, 1845. J. 0. CALHOUN. [L. s.l A. PAGEOT. [L. 294 TREATIES AND CONVENTIONS. FBAFCE, 1853. CONSULAR CONVENTION WITH FRANCE. CONCLUDED FEBRUARY 23,1853; RATIFICATIONS EXCHANGED AUGUST 11, 1853 ; PROCLAIMED AUGUST 12, 1853. Consular convention between the United States of America and his Majesty the Emperor of the French. The President of the United States of America, and his Majesty the Emperor of the French, being equally desirous to strengthen the bonds of friendship between the two nations, and togiv* a new and more ample development to their commercial intercourse^ deem it expedient, for the accomplishment of that purpose, to conclude a special convention which shall determine, in a precise and reciprocal manner, the rights, privileges, and duties of the c'onsuls of the two countries. Accordingly they have named : The President of the United States, the Honorable Edward Everett, Secretary of State of the United States ; His Majesty the Emperor of the French, the Count de Sartiges, Commander of the Imperial Order of the Legion of Honor, &c, &c, his Envoy Extra- ordinary and Minister Plenipotentiary at Washington ; Who, after communicating to each other their full powers, found in good and due form, have agreed upon the following 'articles : Article I. % The Consuls General, Consuls, and Vice-Con suls, or consular agents of the United States and France shall be reciprocally re- ceived and recognized, on the presentation of their commis- sions, in the form established in their respective countries. The neces- sary exequatur for the exercise of their functions shall be furnished to them without charge ; and on the exhibition of this exequatur, they shall be admitted at once, and without difficulty, by the territorial au- thorities, federal or State, judicial or executive, of the ports, cities, and places of their residence and district, to the enjoyment of the preroga- tives reciprocally granted. The Government that furnishes the exequa- tur reserves the right to withdraw it on a statement of the reasons for which it has thought proper to do so. Article II. The Consuls General, Consuls, Vice-Consuls, or consular agents of the United States and France, shall enjoy in the two countries i.nvTg'S'o'r'onsu'iB^ the privileges usually accorded to their offices, such as per- &c ' sonal immunity, except in the case of crime, exemption from military billetings, from service in the militia or the national guard, and other duties of the same nature; and from all direct and personal taxa- tion, whether federal, State, or municipal. If, however, the said Con- suls General, Consuls, Vice-Consuls, or consular agents, are citizens of the country in which they reside ; if they are, or become, owners of property there, or engage in commerce, they shall be subject tothe same taxes and imposts, and with the reservation of the treatment granted to commercial agents, to the same jurisdiction, as other citizens of the country who are owners of property, or merchants. They may place on the outer door of their offices, or of their dwell- FRANCE, 1853. 295 mg-houses, the arms of their nation, with an inscription in these words: "Consul of the United States," or " Consul of Prance;" and they shall be allowed to hoist the flag of their country thereon. They shall never he compelled to appear as witnesses before the courts. When any declaration for judicial purposes, or deposition, how th«r ««!?»» is to be received from them in the administration of justice, i9to6etaken ' they shall be invited, in writing, to appear in court, and if unable to do so, their testimony shall be requested in writing, or be taken orally at their dwellings. Consular pupils shall enjoy the same personal privileges and immu- nities as Consuls General, Consuls, Vice-Consuls, or consular , ' * J Consular pupils. agents. In case of death, indisposition, or absence of the latter, the chancel- lors, secretaries, and consular pupils attached to their offices, shall be entitled to discharge ad interim the duties of their oftoth'ofiS respective posts; and shall enjoy whilst thus acting the ae prerogatives granted to the incumbents. Article III. The consular offices and dwellings shall be inviolable. The local au- thorities shall not invade them under any pretext. In no case shall they examine or seize the papers there deposited. u,e.™™fi5i|"jOTi°. In no case shall thdse offices or dwellings be used as places of asylum. Article IV. , The Consuls General, Consuls, Vice-Consuls, or consular agents, of both countries, shall have the right to complain to the authori- ComBla ; nts ot in . ties of the respective Governments, whether federal or local, fa>«i°M°ft™»««. judicial or executive, throughout the extent of their consular district, of any infraction of the treaties or conventions existing between the United States and France, or for the purpose of protecting informally the rights and interests of their countrymen, especially in cases of ab- sence. Should there be no diplomatic agent of their nation, they shall be authorized, in case of need, to have recourse to the General or Fed- eral Government of the country in which they exercise their functions. Article V. The respective Consuls General, and Consuls, shall be free to estab- lish, in such parts of their districts as they may see fit, V icecon,ui. a„d Vice-Consuls, or consular agents, who may be taken indis- aee " ts - eriminately from among Americans of the United States, Frenchmen, or citizens of other countries. These agents, whose nomination, it is understood, shall be submitted to the approval of the respective Govern- ments, shall be provided with a certificate given to them by the Consul by whom they are named, and under whose orders they are to act. Article VI. The Consuls General, Consuls, Vice-Consuls, or consular agents, shall have the right of taking at their offices or bureaux, at To txan pro . the domicil of the parties'concerned, or on board ship, the tMta declarations of captains, crews, passengers, merchants, or citizens of their country, and of executing there all requisite papers. 296 TREATIES AND CONVENTIONS. The respective Consuls General, Consuls, Vice-Consuls, or consular agents, shall have the right, also, to receive at their offices, or bureaux, conformably to the laws and regulations of their country, all acts of agreement executed between the citizens of their own country and citizens or inhabitants of the country in which they reside, and even all such acts between the latter, provided that these acts relate to property situated, or to business to be transacted, in the territory of the nation to which the Consul or the agent before whom they are executed may belong. Copies of such papers, duly authenticated by the Consuls General, Consuls, Vice-Consuls, or consular agents, and sealed with ted by 1 them'tob.re- the official seal of their consulate or consular agency, shall be admitted in courts of justice throughout the United States and France, in like manner as the originals. Article VII. In all the States of the Union, whose existing laws permit it, so long Ri S ht to h w prop- and to the same extent as the said laws shall remain in " tr - force, Frenchmen shall enjoy the right of possessing per- sonal and real property by the same title and in the same manner as the citizens of the United States. They shall be free to dispose of it as they may please, either gratuitously or for value received^ by donation, testa- ment, or otherwise, just as those citizens themselves ; and in no case shall they be subjected to taxes on transfer, inheritance, or any others different from those paid by the latter, or to taxes which shall not he ' equally imposed. f As to the States of the Union, by whose existing laws aliens are not permitted to hold real estate, the President engages to recommend to them the passage of such laws as may be necessary for the purpose of conferring this right. In like manner, but with the reservation of the ulterior right of estab- lishing reciprocity in regard to possession and inheritance, the Govern- ment of France accords to the citizens of the United States the same rights within its territory in respect to real and personal property, and to inheritance, as are enjoyed there by its own citizens. Article VIII. The respective Consuls General, Consuls, Vice-Consuls, or consular consul, to have agents, shall have exclusive charge of the internal order of e „? 8 .Totw°L di £p" the merchant-vessels of their nation, and shall alone take 5e"A of Sr ow„ cognizance of differences which may arise, either at sea or in nation. p 0r ^ between the captain, officers, and crew, without excep- tion, particularly in reference to the adjustment of wages and the'execu- tion of contracts. The local authorities shall not, on any pretext, inter- fere in these differences, but shall lend forcible aid to the Consuls, when they may ask it, to arrest and imprison all persons composing the crew whom they may deem it necessary to confine. Those persons shall be arrested at the sole request of the Consuls, addressed in writing to the local authority, and supported by an official extract from the register of the ship or the list of the crew, and shall be held, during the whole time of their stay in the port, at the disposal of the Consuls. Their release shall be granted at the mere request of the Consuls made in writing. The expenses of the arrest and detention of those persons shall be paid by the Consuls. FRANCE, 1853. 297 Article IX. The respective Consuls General, Consuls, Vice-Consuls, or consular agents, may arrest the officers, sailors, and all other per- Case of imrtcn sons making part of the crews of ships of war, or mer- from ve ' se,s - chant vessels of their nation, who may be guilty or be accused of having deserted said ships and vessels, for the purpose of sending them on board, or back to their country. To that end the Consuls of France in the United States shall apply to the magistrates designated in the act of Congress of May i, 1826 — that is to say, indiscriminately to any of the Federal, State, or municipal authorities ; and the Consuls of the United States in France shall apply to any of the competent authori- ties and make a request in writing for the deserters, supporting it by an exhibition of the registers of the vessel and list of the crew, or by other official documents, to show that the men whom they claim belonged to said crew. Upon such request alone, thus supported, and without the exaction of any oath from the Consuls, the deserters, not being citizens of the country where the demand is made, either at the time of their , shipping or of their arrival in the port, shall be given up to them. All aid and protection shall be furnished them for the pursuit, seizure, and arrest of the. deserters, who shall even be put and kept in the prisons of the country at the request and at the expense of the Consuls until these agents may find an opportunity of sending them away. If, however, such opportunity should not present itself within the space of three months, counting from the day of the arrest, the deserters shall be set at liberty, and shall not again be arrested for the same cause. Article X. The 1 respective Consuls General, Consuls, Vice-Consuls, or consular agents, shall receive the declarations, protests, and reports of all captains of vessels of their nation in reference to injuries experienced at sea; they shall examine and take note of the stowage ; and when there are no stipulations to the contrary between the owners, freighters, or insurers, they shall be charged with the repairs. If any inhabitants of the country in which the Consuls reside, or citi- zens of a third nation, are interested in the matter, and the parties can- not agree, the competent local authority shall decide. Article XI. All proceedings relatiye to the salvage of American vessels wrecked upon the coasts of France, and of French vessels wrecked r upon the coasts of the United States, shall be respectively directed by the Consuls General, Consuls, and Vice-Consuls of the United States in France, and by the Consuls General, Consuls, and Vice-Con- suls of France in the United States, and until their arrival by the respective consular agents, wherever an agency exists. In the places and ports where an agency does not exist, the local authorities, until the arrival of the Consul in whose district the wreck may have occurred, and who shall be immediately informed of the occurrence, shall take all necessary measures for the protection of persons and the preservation of property. The local authorities shall not otherwise interfere than for the main- tenance of order, tne protection of the interests of the salvors, if they do not belong to the crews that have been wrecked, and to carry into 298 TREATIES AND CONVENTIONS. effect the arrangements made for the entry and exportation, of the mer- chandise saved. It is understood that such merchandise shall not be subjected to any custom-house duty if it is to be re-exported ; and if. it be entered for consumption, a diminution of such duty shall be allowed in conformity with the regulations of the respective countries. Article XII. The respective Consuls General, Consuls, Vice-Consuls, or consular agents, as well as their consular pupils, chancellors, and sec- Consuls, immunities, . • ' -i-n • n , i • -i-ij-i _/i •• retanes, shall enjoy in the two countries all the other privi- leges, exemptions, and immunities which may at any future time be granted to the agents of the same rank of the most favored nation. Article XIII. The present convention shall remain in force for the space of ten Duration of u,i, years from the day of the exchange of the ratifications, »ome„tio„. which shall be made in conformity with the respective con- stitutions of the two countries, and exchanged at Washington within the period of six months, or sooner if possible. In case neither party gives notice twelve months before the expiration of the said period of ten years of its intention not to renew this convention, it shall remain in force a year longer, and so on from year to year, until the expiration of a year from the day on which one of the parties shall give such notice. In testimony whereof the respective Plenipotentiaries have signed this convention, and hereunto affixed their respective seals. Done at the city of Washington the twenty-third day of February, anno Domini one thousand eight hundred and fifty-three. EDWAED EVEEETT. [l. SAETIGES. [l. FEANCE, 1858. CONVENTION BETWEEN THE UNITED STATES AND FRANCE, AGREEING TO AN ADDITIONAL ARTICLE TO THE EXTRADITION CONVENTION BETWEEN THE TWO COUNTRIES. SIGNED AT WASHINGTON FEBRUARY 10, 1858; RATIFICATIONS EXCHANGED AT WASHINGTON- FEBRUARY 12, 1859 ; PRO- CLAIMED FEBRUARY 14, 1859. Additional article to the extradition convention between the United States and France, of the 9th of November, 1843, and to the additional article of the 2&th of February, 1845. It is agreed between the high contracting parties that the provisions pe,^. to be 9 „r- of the treaties for the mutual extradition of criminals be- Tendered. tween the United States of America and France, of Novem- ber 9th, 1843, and February 24th, 1845, and now in force between the two Governments, shall extend not only to persons charged with the crimes therein mentioned, but also to persons charged with the following crimes, whether as principals, accessories, or accomplices, namely: Forging or knowingly passing or putting in circulation counterfeit coin or bank FRANCE, 1858, 1869.- 299 notes or other paper current as money, with intent to defraud any per- son or persons ; embezzlement by any person or persons hired or salaried to the detriment of their employers, when these crimes are subject to infamous punishment. In witness whereof the respective Plenipotentiaries have signed the present article in triplicate, and have affixed thereto the seal of their arms. Done at Washington the tenth of February, 1858. LEW. CASS. SAETIGES. SEAL. | SEAL.l FEANCE, 1869 CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND FRANCE, CONCERNING TRADE-MARKS. CONCLUDED APRIL 16, 1869; RATIFICA- TIONS EXCHANGED JULY 3, 1869 ; PROCLAIMED JULY 6, 1869. The United States of America and His Majesty the Emperor of the Erench, desiring to secure in their respective territories a guarantee of property in trade-marks, have resolved to conclude a special convention for this purpose, and have named as their Plenipotentiaries : The Pre- sident of the United States, Hamilton Fish, Secretary of State, and His. Majesty the Emperor of the Erench, J. Berthemy, Commander of the Imperial Order of the Legion of Honor, &c, &c, &c, accredited as his Envoy Extraordinary and Minister Plenipotentiary to the United States ; and the said Plenipotentiaries, after an examination of their respective full powers, which were found to be in good and due form, have agreed to and signed the following articles : Article I. Every reproduction in one of the two countries of trade-marks affixed in the other to certain merchandise to prove its origin and quality is forbidden, and shall give ground for an action for damages in favor of the injured party, to be prosecuted in the courts of the country in which the counterfeit shall be proven, just as if the plaintiff were a subject or citizen of that country. The exclusive right to use a trade-mark for the benefit of citizens of the United States in France, or of French subjects in the territory of the United States, cannot -exist for a longer period than that fixed by the law of the country for its own citizens. If the trade-mark has become public property in the country of its. origin, it shall be equally free to- all in the other country. Aeticle II. If the owners of trade-marks, residing in either of the two countries, wish to secure their rights in the other country, they must deposit dupli- cate copies of those marks in the Patent-Office at Washington, and in the clerk's office of the tribunal of commerce of the Seine, at Paris. Article III. The present arrangement shall take effect ninety days after the ex- change of ratifications by the two Governments, and shall continue in force for ten vears from this date. 300 TREATIES AND CONVENTIONS. In case neither of the two high contracting parties gives notice of its intention to discontinue this convention, twelve months before its expi- ration, it shall remain in force one year from the time that either of the high contracting parties announces its discontinuance. Article IV. The ratifications of this present arrangement shall be exchanged at Washington, within ten months, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the pre-' sent convention in duplicate, and affixed thereto the seal of their arms. Done at Washington the sixteenth day of April, in the year of our Lord one thousand eight hundred and sixty-nine. HAMILTON FISH. BEKTHEMY. SEAL. SEAL. The following decisions have been made in courts of the United States upon pro- visions of our treaties with France : The treaty of amity and commerce of 1778 with France, Article 11, enabling French subjects to purchase and hold lands in the United States, being abrogated in 1798 ; the act of Maryland of 1780, permitting the lands of a French subject who had become a citizen of that State, dying intestate, to descend on the next of kin, being a non- naturalized Frenchman, with a proviso vesting the lands in the State if the French heirs should not within ten years become resident citizens of the State, or convey the lands to a citizen ; and the convention of 1800, between France and the United States, enabling the people of one country, holding lands in the other, to dispose of the same by testament, and to inherit lands in the other, without being naturalized : Held, that the latter treaty dispensed with the performance of the condition in the act of Maryland, and that the constitutional rule applied equally to the case of those who took by. de- scent under the act, as to those who acquired by purchase without its aid. (Chirac vs. Chirac, 2 Wheat., 259 ; 4 Cond. Rep., 111.) The further stipulation in the treaty, " that in case the laws of either of the two States should restrain strangers from the exercise of the rights of property with respect to real estate, such real estate may be sold, or otherwise disposed of, to citizens or in- habitants of the country where it may be," does not affect the rights of a French subject who takes or holds by the convention, so as to deprive him of the power of selling to citizens of the country ; and gives to a French subject who has acquired lands by de- scent or devise, (and, perhaps, in any other manner,) the right during life to sell or. otherwise dispose of the same, if lying in a State where lands purchased by an alien, generally, would be immediately escheatable. (Ibid.) Although the convention of 1800 has expired, yet the instant a descent was cast on a French subject during its continuance, his rights became complete under it, and can- not be affected by its subsequent expiration. (Ibid.) America was bound as an ally of France by the capitulation between France and . Great Britain for the surrender' of Dominica. (Miller vs. The Ship Resolution, 2 Dall. Rep., 15.) The Phcebe Ann, a British vessel, had been captured by a French privateer, and sent into Charleston. Restitution of the' prize was claimed by the British consul, who filed a libel in the district court, suggesting that the privateer had been illegally fitted out, and had illegally augmented her force within the United States. It appeared in proof that the privateer had originally entered the port of Charleston, armed and commis- sioned for war ; and that she had taken out her guns, masts, and sails, which remained on shore until the general repairs of the vessel were completed, when they were again put on board, with the same force or thereabouts ; and on a subsequent cruise the prize was taken. Ellsworth, Chief Justice. Suggestions of policy and convenience cannot be con- sidered in the judicial determination of a question of right ; the treaty with France, whatever that is, must have its effect. By the nineteenth article it is declared that French vessels, whether public and of war, or private and of merchants, may, on any urgent necessity, enter our ports, and be supplied with all things needful for repairs. In the present case the privateer only underwent a repair ; and the mere replacement of her force cannot be a material augmentation ; even if an augmentation of force could be proven, which we do not decide a sufficient cause of restitution. (Hoodie vs. The Sloop Phcebe Ann, 3 Dall. Rep., 319.) FRANCE), 1869. 301 By the treaty with France of 1778, Articles 17 and 22, the subjects of France had a. right to equip and arm their vessels in the ports of the United States, to bring in their prizes and depart with them, without interference by the courts of the United States. (Bee's Admiralty Reports, 40, 43.) Under the treaty of 1778, neutral property captured on board an enemy's ship was lawful prize, contrary to the general law of nations. (Beds Admiralty Reports., 74.) The treaty for the cession of Louisiana took effect from its date. ( United States vs. Reynes, 9 Howard, 127 ; Davis vs. Parish of Concordia, Ibid., 280 ; United States vs. Pillerin, 13 Howard, 9.) i The stipulation for the protection of its inhabitants, in the enjoyment of their pro- perty, did not embrace grants by the Spanish authorities, after they had ceased to- have power to make such grants. (Ibid.) The stipulation in the treaty for the protection of the inhabitants in their property,, &c., ceased to operate when the State of Louisiana was admitted into the Union. (New Orleans vs. De Armas, 9 Peters, 223.) The treaty for the cession of Louisiana protected claimants under the French or Spanish Governments to inchoate titles to lands. (Delassars vs. United States, 9 Peters, 117 ; Choteau's heirs vs. United States, Ibid., 137 ; Strother vs. Lucas, 12 Peters, 410.) By the cession of Lousiana, the Government of the United States succeeded to all the rights and interests formerly possessed by those of France and Spain in that province, including reservations of the right to use land when wanted for fortifica- tions. (Josephs vs. United States, 1 Nott & Huntingdon, 197 ; same case, 2 Nott & Huntingdon, 586.) i The treaty of 1853, securing to citizens of France the same rights of succession as are possessed by the citizens of the United States, so far as permitted by the State laws, had no effect on the succession of one who died, in 1848. (Prevost vs. Greneaux, 19 Howard, 1.) Quere? Whether the General Government ean by treaty control the succession of real or personal property in a State. (Ibid.) The treaty ceding Louisiana to the United States could not enlarge the constitu- tional powers of the latter nor vest in the Government the police powers over public places formerly exercised by the Crown. (New Orleans vs. United States, 10 Peters, 662.) . GERMAN EMPIRE. GERMAN EMPIEE, 1871. CONVENTION BETWEEN THE UNITED STATES AND THE GERMAN EMPIEE, RESPECTING CONSULS AND TRADE-MARKS. SIGNED DECEMBER 11, 1871; RATIFICATIONS EXCHANGED APRIL 29, 1872; PROCLAIMED JUNE 1, 1872. The President of the United States of America and His Majesty the contract! arties Emperor of Germany, King of Prussia, in the name of the German Empire, led by the wish to define the rights, privi- leges, immunities, and duties of the respective Consular Agents, have agreed upon the conclusion of a Consular Convention, and for that pur- pose have appointed their Plenipotentiaries, namely : The President of the United States of America, George Bancroft, Envoy Extraordinary and Minisjter Plenipotentiary from the said States, near His Majesty the Emperor of Germany ; His Majesty the Emperor of Germany, King of Prussia, Bernard Konig, His Privy Councillor of Legation ; who have agreed to and signed the following articles : Article I. Each of the Contracting Parties agrees to receive from the other co„sui s , tc, to be Consuls General, Consuls, Yice-Consuls, and Consular oceivod. Agents in all its ports, cities, and places, except those whore it may not be convenient to recognize such officers. This reser- vation, however, shall not apply to one of the Contracting Parties with- out also applying to every other Power. Article II. The Consuls General, Consuls, Vice-Consuls, or Consular Agents shall be reciprocally received and recognized, on the presenta- Form of reception. ,. /> "I, . ^ . . ,, - ",.-... , . . . ■. tion of their commissions, m the forms established in their respective countries. The necessary exequatur for the exercise of their Exeiu-unr functions shall be furnished to them free of charge, and, on the exhibition of this instrument, they shall be admitted at once, and without difficulty, by the territorial authorities, Federal, State, or communal, judicial, or executive, of the ports, cities, and places of their residence and district, to the enjoyment of the prerogatives recip- „ , . , , rocally granted. The Government that furnishes the exe- May be withdrawn. j_ j_i • i j_ • .,, , ., ,, quatur reserves the right to withdraw the same on a state- ment of the reasons for which it has thought proper to do so. Article III. The respective Consuls General, Consuls, Vice-Consuls, or Consular c ,,s„i. &. ,o A sents, as well as their chancellors and secretaries, shall £««*■ •'»""• enjoy in the two countries all privileges, exemptions, and immunities which have been granted, or may in future be GERMAN EMPIRE, 1871. 303 granted, to the agents of the same rank of the most favored nation. Consular officers, not being citizens of the country where they are ac- credited, shall enjoy, in the country of their residence, per- ir „ ot citi , enf , to sonal immunity from arrest or imprisonment except in the uJ£°&™£S, case of crimes, exemption from military billetings and con.- &c tributions, from military service of every sort and other public duties, and from all direct or personal or sumptuary taxes, duties, and contri- butions, whether Federal, State, or municipal. If, however, the said consular officers are or become owners of property in the country in which they reside, or engage in commerce, they shall be subject to the same taxes and imposts, and to the same jurisdiction, as citizens "of the country, property-holders, or merchants. But under no circumstances shall their official income be subject to any tax. Consular officers who engage in commerce shall not plead their consular privileges Enjaeing in co „. to a'void their commercial liabilities. Consular officers of ™ e ™mir3 '"lSif- either character shall not in any event be interfered with in tiC8 - the exercise of their official functions, farther than is indispensable for the administration of the laws of the country. Article IV. Consuls General, Consuls, Vice-Consuls, and Consular Agents may place over the outer door of their offices, or of their dwell- Ma5 , plac8 ' lhe ings, the arms of their nation, with the proper inscription J™' "1^% ™' a °; indicative of the' office. And they may also hoist the flag h<,i8ti, »8' of their country on the consular edifice, except in places were a lega- tion of their country is established. They may also hoist their flag on board any vessel employed by them in port for the discharge of their duty. Article V. The consular archives shall be at all times inviolable, and under no pretence whatever shall the local authorities be allowed to Co „»„ 1Ia[ . ai . c „ iv „ examine or seize the papers forming part of them. When, in ™ l « ble - however, a consular officer is engaged in other business, the papers relating to the consulate shall be kept in a separate enclosure. The offices and dwellings of Consules missi who are not citizens of the country of their residen6e shall be at all times invio- s mi dwelI lable. The local authorities shall not, except in the case of »s" ora.".**^.- the pursuit for crimes, under any pretext invade them. In t 8 o'beuS"?. pE no case shall they examine or seize the papers there depos- "' asI ited. In no event shall those offices or dwellings be used as places of asylum. Article YI. In the event of the death, prevention, or absence of Consuls General, Consuls, Vice-Consuls, and Consular Agents, their cban- IfCoimil bc d . e cellors or secretaries, whose official character may have who to^dse &,£'- it _'_ ,, ,. ji*i- tions of the office. previously been made known to the respective authorities in Germany or in the United States, may temporarily exercise their functions, and, while thus acting, they shall enjoy all the rights, preroga- tives, and immunities granted by this convention to the incumbents. 304 TREATIES AND CONVENTIONS. Article VII. Consuls General and Consuls may, with the approbation of their re- vice-coMuie and spective Governments, appoint Vice-Consuls and Consular com,^ Agent.. Agents in the cities, ports, and places within their consular jurisdiction. These officers may be citizens of Germany, of the United States, or any other country. They shall be furnished with a commis- sion by the Consul who appoints them and under whose orders they are to act, or by the Government of the country which he represents. They shall enjoy the privileges stipulated for consular officers in this conven- tion, subject to the exceptions specified in Article III. Article VIII. Consuls General, Consuls, Vice-Consuls, and Consular Agents shall eo M ui,, tc, may have the right to apply to the authorities of the respective fifties" LV ^eVe« countries, whether Federal or local, judicial or executive, "*" i" 1-0 ™" 10 " within the extent of their consular district, for the redress of any infraction of the treaties and conventions existing between the two countries, or of international law ; to ask information of said au- thorities, and to address said authorities to the end of protecting the rights and interests of their countrymen, especially in cases of the ab- sence of the latter ; in which cases such Consuls, etc., shall be presumed if not,ce is not to their legal representatives. If due notice should not i a k e n, n m'«y ap P iy°to be taken of such application, the consular officers aforesaid, in the absence of a diplomatic agent of their country, may apply directly to the Government of the country where they reside. Article IX. Consuls General, Consuls, Vice-Consuls, or Consular Agents of the consul., tc, may two countries, or their chancellors, shall have the right, eke deposition., conformably to the laws and regulations of their country — 1. To take at their office or dwelling, at the residence of the parties, or on board of vessels of their own nation, the depositions of the cap- tains and crews, of passengers on board of them, of merchants, or of any other citizens of their own country. 2. To receive and verify unilateral acts, wills, and bequests of their verir win. C0UIltr y m en, and any and all acts of agreement entered &'i., : 'ofthe'rc'o U "'try'- upon between citizens of their own country, and between such citizens and the citizens or other inhabitants of the country where they reside ; and also all contracts between the latter, provided they relate to property situated or to business to be trans- acted in the territory of the nation by which the said consular officers are appointed. ' All such acts of agreement and other instruments, and also copies ™ under an< * t 1 " 3,11 slatio us thereof, when duly authenticated by such .ffi S c'laueTtobe\e- Consul General, Consul, Vice : Consul, or Consular Agent, iu> der his official seal, shall be received by public officials, and in courts of justice as legal documents, or as authenticated copies, as the case may be, and shall have the same force and effect as if drawn up or authenticated by competent public officers of one or the other of the two countries. Article X. In case of the death of any citizen of Germany in the United States, GERMAN EMPIRE, 1871. 305 or of any citizen of the United States, in the German Em- iraeitiaeri pire, without having in the country of his decease any known »."" ™» t^ai T . > ,, F . u , ., . • , i j_i other without, &c, heirs or testamentary executors by him appointed, the .earem con«.i » i« competent local authorities shall at once inform the nearest consular officer of the nation to which the deceased belongs of the cir- cumstance, in order that the necessary information may be immediately forwarded to parties interested. The said consular officer shall have the right to appear personally or by delegate in all proceedings on behalf of the absent heirs or creditors, until they are duly represented. In all successions to inheritances, citizens of each of the contracting parties shall pay in the country of the other such duties only as they would be liable to pay, if they were citizens of the country in which the property is situated or the judicial adminis- tration of the same may be exercised. Article. XI. Consuls General, Consuls, Vice-Consuls, and Consular Agents of the two countries are exclusively charged with the inventory- CoMU , 8 t0 take ing and the safe-keeping of goods and effects of every kind iY'i^LlTT^l left by sailors or passengers on ships of their nation who o" a » 8e °e er »- die, either on board ship or on land, during the voyage or in the port of destination. Article XIX Consuls General, Consuls, Yice-Consuls, and Consular Agents shall •be at liberty to go either in person or by proxy on board Ri8ht3 m respe( . t vessels of their nation admitted to entry and to examine the S, i r"ldmitL th to r officers and crews, to examine the ships' papers, to receive eMry - declarations concerning their voyage, their destination, and the inci- dents of the voyage ; also to draw up manifests and lists of freight, to facilitate the entry and clearance of their vessels, and finally to accom- pany the said officers or crews before the judicial or administrative authorities of the country, to assist them as their interpreters or agents. The judicial authorities and custom-house officials shall in no case pro- ceed to the examination or search of merchant- vessels with- Merch „ t vei9el3i out having given previous notice to the consular officers of &c.,'°w^w r f?t the nation to which the said vessels belong, in order to ena- vious '""■^ ble the said consular officers to be present. They shall also give due notice to the said consular officers, in order to enable them to be present at any depositions or statements to be made in courts of law or before local magistrates, by officers or persons belonging to the crew, thus to prevent errors or false interpretations which might impede the correct administration of justice. The notice to Consuls, Vice-Consuls, or Consular Agents shall name the Not[ce t0 na , ne the hour fixed for such proceedings. Upon the non-appearance ■"""■ of the said officers or their representatives, the case may be proceeded with in their absence. Article XIII. Consuls General, Consuls, Yice-Consuls, or Consular Agents shall have exclusive charge of the internal order of the merchant- ves- CoMul8? &Cm t0 sels of their nation, and shall have the exclusive power to ^ ge "&"&- take cognizance of and to determine differences of every ™eiZit* d ve e / S ei°' kind which may arise, either at sea or in port, between the- &c - 306 TREATIES AND CONVENTIONS. captains, officers, and crews, and specially in reference to wages and the execution of mutual contracts. Neither any court or » X i«Sfe°'5y '?» authority shall, on any pretext, interfere in these differ- c «.e»oi,&c. . enceS) except in cases where the differences on board ship are of a nature to disturb the peace and public order in port, or on shore, or when persons other than the officers and crew qf the vessel are parties to the disturbance. Except as aforesaid, the local authorities shall confine themselves to to »id co^to the rendering of efficient aid to the Consuls, when they may officers. ag k j^ j n or( } er ^ arrest and hold all persons, whose names are borne on the ship's articles, and whom they may deem it necessary to detain. Those persons shall be arrested at the sole request of the Consuls, addressed in writing to the local authorities and supported by an official extract from the register of the ship or the list of the crew, and shall be held during the whole time of their stay in the port at the disposal of the Consuls. Their release shall be granted only at the request of the Consuls, made in writing. The expenses of the arrest and detention of those persons Expenses of arrest. i 11 i • • i i it 1-1 i shall be paid by the Consuls. Article XIV. Consuls General, Consuls, Vice-Consuls, or Consular Agents may arrest the officers, sailors, and all other persons making part of .rS"i«;S the crews of ships of war or merchant-vessels of their nation, who may be guilty or be accused of having deserted said ships and vessels, for the purpose of sending them on board or back to their country. To that end, the Consuls, of Germany in the United States shall apply Mete of procedure to either the .Federal, State, or municipal courts or authori- -■n bo.* cue* £j eSj an( j ftjg Consuls of the United States in Germany shall apply to any of the competent authorities, and make a request in writing for the deserters, supporting it by an official extract of the reg- ister of the vessel and the list of the crew, or by other official docu- ments, to show that the men whom thay claim belong to said crew. Upon such, request alone thus supported, and without the exaction of any oath from the Consuls, the deserters (not being citizens of the coun- try where the demand is made either at the time of their shipping or of their arrival in the port) shall be given up to the Consuls. All aid an'd tieserwrs to be protection shall be furnished them for the pursuit, seizure, impn.or.e.um.i.&c. an( j arr est of the deserters, who shall be taken to the pris- ons of the country and there detained at the request and at the expense of the Consuls, until the said Consuls may find an opportunity of send- ing them away. If, however, such opportunity should not present itself within the space of three months, counting from the day of the arrest, the desert- ers shall be set at liberty, and shall not again be arrested for the same cause. Article XV. In the absence of an agreement to the contrary between the owners, 7w,«, offered freighters, and insurers, all damages suffered at sea by the M»e.bj , ' eB .ei 8 ,&c. vessels of the two countries, whether they enter port voluntarily or are forced by stress of weather, shall be settled by the Consuls General, Consuls, Vice-Consuls, and Consular Agents of the respective countries. If, however, any inhabitant of the country, or citizen or subject of a third Power, shall be interested in the matter, GERMAN EMPIRE, 1871. 307 and the parties cannot agree, the competent local authorities shall decide. Article XVI. In the event of a vessel belonging to the Government or owned by a citizen of one of the two contracting parties being wrecked, Wrecke(1 vesael , or cast on shore, on the coast of the other, the local authori- amUal *«' ! - ties shall inform the Consul General, Consul, Yice-Consul, or Consular Agent of the district of the occurrence, or if there be no such consular agency, they shall inform the Consul General, Consul, Vice-Consul, or Consular Agent of the nearest district. All proceedings relative to the salvage of American vessels wrecked or cast on shore in the territorial waters of the German Empire shall take place in accordance with the laws of Germany ; and, reciprocally, all measures of salvage relative to German vessels wrecked or cast on shore in the territorial waters of the United States shall take place in accordance with the laws of the United States. The consular authorities have in both countries to intervene only to superintend the proceedings having reference to the repair and revict- ualling, or, if necessary, to the sale of' the vessel wrecked or cast on shore. For the intervention of the local authorities, no charges ■i-iit -i , t ..... «-ii Consuls only to in- shall be made, except such as in similar cases are paid by ter™» for certain vessels of the nation. In case of a doubt concerning the nationality of a ship- wrecked vessel, the local authorities shall have exclusively »io™iS %7 '°»"i the direction of the proceedings provided for in this article. All merchandise and goods not destined for consumption in the country where the wreck takes place shall be free of 8 xS>° d9 &°" £," "& all duties. '""""^ Article XVII. With regard to the marks of labels of goods, or of their packages, and also with regard to patterns and marks of manufacture and trade, the citizens of Germany shall enjoy in the United Trade-m.rt». States of America, and American citizens shall enjoy in Germany, the same protection as native citizens. Article XVIII. The present convention shall remain in force for the space of ten years, counting from the clay of the exchange of the ratifications, Vmt im. which shall be exchanged at Berlin within the period of six months. In case neither party gives notice, twelve months before the expira- tion of the said period of ten years, of its intention not to „ ., ,. .,. A , . ., - *' ' . . „ Ratifications. renew this convention, it shall remain in force one year longer, and so on, from year to year, until the expiration of a year from the day on which one of the parties shall have given such notice- In faith whereof the Plenipotentiaries have signed and sealed this Convention. Berlin, the 11th of December, 1871. [L. s.l GEO. BANCROFT. L. s.] B. KOENIG. 308 TREATIES AND CONVENTIONS. The undersigned met this day, in order to effect the exchange of the ratifications of the Consular Convention, signed on the 11th day of De- cember, 1871, between the United States of America and Germany. Before proceeding to this act, the undersigned, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, declared — 1. That, in accordance with the instruction given him by his Govern- w or( j "property- ment, with the advice and consent of the Senate, the expres- ix A to tl t 8 ea" I re° , l sion " property," used in the English text of Articles III e^^ an( j j^ i s t0 k e cons t rU ed as meaning and intending " real estate." 2. That, according to the laws and the Constitution of the United Article x to apply States, Article X applies, not only to persons of the male also to female,. gex? but algQ fo person g Q f tfle f ema l e g eX . After the undersigned, President of the office of the Chancellor of the Empire, had expressed his concurrence with this declaration, the acts of ratification, found to be in good and due form, were exchanged, and the present protocol was in duplicate executed. Berlin, the 29th April, 1872. GEO. BANCEOFT. DELBBUECK. GREAT BRITAIN. GEEAT BEITAIN, 1782. PROVISIONAL ARTICLES BETWEEN THE UNITED STATES OF AMERICA AND HIS BRITANNIC MAJESTY, CONCLUDED NOVEMBER 30, 1782. Articles agreed upon, by and between Richard Oswald, Esquire, the Com- missioner of His Britannic Majesty, for treating of peace with the Com- missioners of the United States of America, in behalf of his said Majesty on the one part, and John Adams, Benjamin Franklin, John Jay, and Henry Laurens, four of the Commissioners of the said States for treating of peace with the Commissioner of his said Majesty, on their behalf, on the other part. To be inserted in, and to constitute the treaty of peace pro- posed to be concluded between the Crown of Great Britain and the said United States ; but which treaty is not to be concluded untill terms of a peace shall be agreed upon between Great Britain and France, and His Britannic Majesty shall be ready to conclude such treaty accordingly. "Whereas reciprocal advantages and mutual convenience are found by- experience to form the only permanent foundation of peace and friend- ship between States, it is agreed to form the articles of the proposed treaty on such principles of liberal equity and reciprocity, as that par- tial advantages (those seeds of discord) being excluded, such a bene- ficial and satisfactory intercourse between the two countries may be established as to promise and secure to both perpetual peace and har- mony. Article I. His Britannic Majesty acknowledges the said United States, viz., New Hampshire, Massachuset's Bay, Bhode Island and United state , „._ Providence Plantations, Connecticut, New York, New Jer- f^tfJl^ , and sey, Pennsylvania, Delaware, Maryland, Virginia, North Car- ^^m^t. olina, South Carolina, and Georgia, to be free, sovereign, and independ- ent States ; that he treats with them as such, and for himself, his heirs and successors, relinquishes all claim to the Gouvernment, propriety, and territorial rights of the same and every part thereof ; and that all dis- putes which might arise in future on the subject of the boundaries of the said United States may be prevented, it is hereby agreed and declared that the following are and shall be their boundaries, viz : Article II. From the northwest angle of Nova Scotia, viz., that angle which is formed by a line drawn due north from the source of St. Boundaries estab- Croix Biver to the Highlands ; along the Highlands which lished - divide those rivers that empty themselves into .the river St. Lawrence, from those which fall into the Atlantic Ocean, to the Dorth westernmost head of Connecticut Biver ; thence down along the middle of that river to the 45th degree of north latitude; from thence, by a line due 310 TREATIES AND CONVENTIONS. •west on said latitude untill it strikes the river Iroquois or Cataraquy; thence along the middle of said river into Lake Ontario, through the middle of said lake untill it strikes the communication by water between that lake and Lake Erie ; thence along the middle of said communica- tion into Lake Erie, through the middle of said lake untill it arrives at the water communication between that lake and Lake Huron ; thence along the middle of said water communication into the Lake Huron ; thence through the middle of said lake to the water communication be- tween that lake and Lake Superior; thence through Lake Superior northward of the isles Eoyal and Phelippeaux, to the Long Lake; thence through the middle of said Long Lake, and the water communication between it and the Lake of the Woods, to the said Lake of the Woods ; thence through the said lake to the most northwestern point thereof, and from thence on a due west course to the river Mississippi ; thence by a line to be drawn along the middle of the said river Mississippi un- till it shall intersect the northernmost part of the 31st degree of north latitude. South, by a line to be drawn due east from the de- termination of the line last mentioned, in the latitude of 31 degrees north of the equator, to the middle of the river Apalachicola or Cata- houche; thence along the middle thereof to its junction with the Flint Eiver; thence strait to the head of St. Mary's River; and thence down along the middle of St. Mary's Eiver to the Atlantic Ocean. East, by a line to be drawn along the middle of the river St. Croix, from, its mouth in the bay of Fundy to its source, and from its source directly north to the aforesaid highlands which divide the rivers that fall into the Atlantic Ocean, from those which fall into the river St. Laurence; comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the bay of Fundy and the Atlantic Ocean ; excepting such islands as now are, or heretofore have been, within the limits of the said prov- ince of Nova Scotia. Article III. It is agreed that the people of the United States shall continue to en- Right of salary joy unmolested the right to take fish of every kind on the secured. Grand Bank, and on all the other banks of Newfoundland; also in the Gulph of St. Lawrence, and at all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish ; and also that the inhabitants of the United States shall have lib- erty to take fish of every kind on such part of the coast of Newfound- land as British fishermen shall use, (but not to dry or cure the same on that island ;) and also on the coasts, bays, aud creeks of all other of his Britannic Majesty's dominions in America; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks of Nova Scotia, Magdalen Islands, and Lab- rador, so long as the same shall remain unsettled ; but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement, without a previous agreement for that purpose with the inhabitants, proprietors, or pos- sessors of the ground. Article IV. It is agreed that creditors on either side shall meet with no lawful Debt, to be p^ impediment' to the recovery of the full value in sterling mouey of all bona fide debts heretofore contracted. GREAT BRITAIN, 1782. 311 Article Y. It is agreed that the Congress shall earnestly recommend it to the legislatures of the respective States to provide for the res- titution of all estates, rights, and properties which have ra™7™"4,k°t'ir-« been confiscated, belonging to real British subjects, aud also °" fi -" e<1 «» t " e »- of the estates, rights, and properties of persons resident in districts in the possession of His Majesty's arms, and who have not borne arms against the said United States : Aud that persons of any other descrip- tion shall have free liberty to go to any part or parts of any of the thir- teen United States, and therein to remain twelve months unmolested in their endeavours to obtain the restitution of such of their estates, rights, and properties as may have been confiscated : And that Congress shall also earnestly recommend to the several States a reconsideration and revision of all acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent, not only with justice and equity, but with that spirit of conciliation which, on the return of the blessings of peace, should universally prevail : And that Congress shall also earnestly recommend to the several States that the estates, rights, and properties of such last-mentioned persons shall be restored to them, they refunding to any persons who may be now in possession the bona fide price (where any has been given) which such persons may have paid on purchasing any of. the said lands, rights, or properties since the confiscation. And it is agreed that all persons who have any inter- est in confiscated lands, either by debts, marriage settlements, or other- wise, shall meet with no lawful impediment in the prosecution of their just rights. Article VI. That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons for or by reason of the part which he or they may have taken in the present caSn^o^proaeS- war, and that no person shall, on that account, suffer any '"""'' future loss or damage, either in his person, liberty, or property ; and that those who may be in confinement on such charges, at the time of the ratification of the treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be discontinued. Article VII. There shall be a firm and perpetual peace between His Britannic Majesty and the said States, and between the subjects of Briti , h » rmies •«, the one and the citizens of the other, wherefore all hostili- be »" thd »"°- ties, both by sea and land, shall then immediately cease : All prisoners, on both sides, shall be set at liberty ; and His Britannic Majesty shall, with all convenient speed, and without causing any destruction, or car- Tying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets from the said United States, and from every port, place, and harbour within the same, leaving in all fortifications the American artillery that may be therein; and shall also order and cause all archives, records, deeds, and papers be- longing to any of the said States or their citizens, which in the course of the war may have fallen into the hands of his officers, to be forthwith restored and delivered to the proper States and persons to whom they belong:. 312 TREATIES AND CONVENTIONS. Article VIII. The navigation of the river Mississippi, from its source to the ocean,. am**.,,!, of th= shall forever remain free and open to the subjects of Great n.»is..ppi. Britain and the citizens of the United States. Article IX. In case it should so happen that any place or territory belonging to c^ats to b e Great Britain or to the United States should be conquered stored. jjy ^g arms f e ither from the other, before the arrival of these articles in America, it is agreed that the same shall be restored ■without difficulty and without requiring any compensation. Done at Paris the thirtieth day of November, in the year one thou- sand seven hundred and eighty-two. EICHABD OSWALD JOHN ADAMS. B. FBANKLIN. JOHN JAY. HENBY LAUBENS. "Witness : Caleb Whltefoord, Sec'y to the British Commission. W. T. Franklin, Sec'y to the American Commission. L. S. L. S. L. s. L. s. L. s. SEP ABATE ARTICLE. * It is hereby understood and agreed that in case Great Britain, at the conclusion of the present war, shall recover, or be put in possession of West Florida, the line of north boundary between the said province and the United States shall be a line drawn from the mouth of the xiver Yassous, where it unites with the Mississippi, due east, to the river Apalachicola. Done at Paris the thirtieth day of November, in the year one thou- sand seven hundred and eighty-two. EICHABD OSWALD. JOHN ADAMS. B. FBANKLLN. JOHN JAY. HENRY LAUBENS. Attest: Caleb Whitefoord, Sec'y to the British Commission. W. T. Franklin, Sec'y to the American Commission. L. S." L. S. L. s. L. s. L. s. GBEAT BEITAIN, 1783. armistice declaring a cessation op hostilities between the united states and great britain. concluded january 20, 1783. We, the undersigned Ministers Plenipotentiary of the United States. of North America, having received from Mr. Fitz Herbert, Minister GREAT BRITAIN, 1783. 313 Plenipotentiary of His Britannic Majesty, a declaration relative to a suspension of arms to be established between his said Majesty and the " said States, the tenor whereof is as follows : "Whereas the preliminary articles agreed upon and signed this day, between His Majesty the King of Great Britain and His Majesty the Most Christian King on the one part, and likewise between his said Britannic Majesty and His Catholic Majesty on the other part, contain the stipu- lation of a cessation of hostilities between those three Powers, which is to take place after the exchange of the ratifications of the said prelimi- nary articles : And whereas, by the provisional treaty signed on the thirtieth day of November last, between His Britannic Majesty and the United States of North America, it hath been stipulated that that treaty should take effect as soon as peace should be established between the said Crowns : The undersigned Minister Plenipotentiary of His Bri- tannic Majesty does declare, in the name and by the express order of the King, his master, that the said United States of North America, their subjects, and their possessions, shall be comprehended in the above- mentioned suspension of arms, and that in consequence they shall en- joy the benefit of the cessation of hostilities at the same epochs and in the same manner as the three Crowns above mentioned, their subjects, and their respective possessions; the whole upon condition that on the part and in the name of the said United States of North America, a similar declaration shall be delivered, expressly declaring their assent to the present suspension of arms, and contain'g the assurance of the most perfect reciprocity on their part. "In faith whereof we, the Minister Plenipotentiary of His Britannic Majesty, have signed the present declaration, and have caused the seal of our arms to be thereto affixed. " Versailles, Jan'y 20, 1783. (Signed) " ALLETNB FITZ HBBBERT. [l. s.]" Have, in the name of the said United States of North America, and by virtue of the powers with which they have vested us, accepted the above declaration, do by these presents merely and simply accept it, and do reciprocally declare that the said States shall cause all hostilities to cease against His Britannic Majesty, his subjects, and his possessions, at the terms and epochs agreed upon between his said Majesty the King of Great Britain, His Majesty the King of France, and His Majesty the King of Spain, so, and in the same manner, as has been agreed between those three Crowns, and to produce the same effects. In faith whereof we, the Ministers Plenipotentiary of the United States North America, have signed the present declaration, and have affixed thereto, the seal of our arms. Versailles, January 20, 1783. JOHN ADAMS. B. FKANKLIN. L. S. L. S. Copy of the first and twenty-second of the preliminary articles, between France and Great Britain, signed at Versailles the 20th January, 1783. Article I. As soon as the preliminaries shall be signed and ratified, sincere friendship shall be re-established between His Most Christian Majesty and His Britannic Majesty, their kingdoms, states, and subjects, by sea 314 TREATIES AND CONVENTIONS. and by land, in all parts of the world ; orders shall be sent to the armies and squadrons, as well as to the subjects of the two Powers, to cease all hostilities and to live in the most perfect union, forgetting the past, * according to the order and example of their sovereigns ; and for the execution of this article sea-passes shall be given on each side to the ships which shall be dispatched to carry the news, to the possessions of the said Powers. / . Article XXII. To prevent all the causes of complaint and dispute which might arise on account of the prizes which may be taken at sea after the signing of these preliminary articles, it is reciprocally agreed that the vessels and effects which may be taken in the Channel and in the Xorth Seas, after the space of twelve days, to be computed from the ratification of the present preliminary articles, shall be restored on each side. That the term shall be of one month from tue Channel and the North Seas to the Canary Islands inclusively, whether in theocean or in the Mediterranean; of two months from the said Canary Islands to the equihoxial line or equator; and lastly, of five months in all other parts of the world with- out any exception, nor other more particular distinction of times and places. GBEAT BEITAIN, 1783. DEFINITIVE TREATS OF PEACE BETWEEN THE UNITED STATES OF AMERICA AND HIS BRITANNIC MAJESTY. CONCLUDED SEPTEMBER 3, 1783. [In 1815 a discussion was had between the Governments of Great Britain and the United States of the question, How far the treaties made previous to the war of 1812 were abrogated by that event ? It was claimed by the United States that those treaties, in many of their provisions, and particularly those relating to the northeastern fisheries, were at most suspended during the war, and revived at its termination. This was denied by Great Britain. (See letters of Mr. John Quincy Adams to Earl Bathurst, September 25, 1815, American State Papers, vol. IV, p. 352, fol. ed. 1834 ; to Lord ' Castlereagh, January 22, 1816, id. 356 : Earl Bathurst to Mr. Adams, October 30, 1815, id. 354.)] fii In the name of the Most Holy and Undivided Trinity. It having pleased the Divine Providence to dispose the hearts of the most serene and most potent Prince George the Third, by the Grace of God King of Great Britain, France, and Ireland, Defender of the Faith, Duke of Brunswick and Luneburg, Arch-Treasurer and Prince Elector of the Holy Eoman Empire, &ca., and of the .United States of America, to forget all past misunderstandings and differences that have unhappily interrupted the good correspondence and friendship which they mutually wish to restore ; and to establish such a beneficial and satisfactory intercourse between the two countries, upon the ground of reciprocal advantages and mutual convenience, as mav promote and secure to both perpetual peace and harmony : And having for this de- sirable end already laid the foundation of peace and reconciliation, by the provisional articles, signed at Paris, on the 30th of Xov'r, 1782, by the commissioners empowered on each part, which articles were agreed to be inserted in and to constitute the treaty of peace proposed to be concluded between the Crown of Great Britain and the said United States, but which treaty was not to be concluded until terms of peace should be agreed upon between Great Britain and France, and His Brit- GREAT BRITAIN, 1733. 315 auuic Majesty should be ready to conclude such treaty accordingly ; and the treaty between Great Britain and Prance having since been concluded, His Britannic Majesty and the United States of America, in order to carry into full effect the provisional articles above mentioned, according to the tenor thereof, have constituted and appointed, that is to say, His Britannic Majesty on his part, David Hartley, esqr., member of the Parliament of Great Britain ; and the said United States on their part, John Adams, esqr., late a commissioner of the United States of America at the Court of Versailles, late Delegate in Congress from the State of Massachusetts, and chief justice of the said State, and Minister Pleuipotentiary of the said United States to their High Mightinesses the States General of the United* .Netherlands; Benjamin Franklin, esq're, late Delegate in Con- gress from the State of Pennsylvania, president of the convention of the said State, and Minister Plenipotentiary from the United States of America at the Court of Versailles; John Jay, esq're, late president of Congress, and chief justice of the State of New York, and Minister Plenipotentiary from the said United States at the Court of Madrid, to be the Plenipotentiaries for the concluding and signing the present de- finitive treaty ; who, after having reciprocally communicated their re- spective full powers, have agreed upon and confirmed the following articles : Article I. His Britannic Majesty acknowledges the sa"id United States, viz. New Hampshire, Massachusetts Bay, Bhode Island, and Provi- v ^ tei s ^ dence Plantations, Connecticut, New York, New Jersey, knoSild«»d »"■!!;- Pennsylvania, Delaware, Maryland, Virginia, North Carolina, °°°? ent ' South Carolina, and Georgia, to be free, sovereign and independent States ; that he treats with them as such, and for himself, his heirs and successors, relinquishes all claims to the Government, propriety and ter- ritorial rights of the same, and every part thereof. ' Article II. And that all disputes which might arise in future, on the subject of the boundaries of the said United States may be prevented, Vomi „ iea cub- it is hereby agreed and declared, that the following are, and liat "" L shall be their boundaries, viz: Prom the northwest angle of Nova Scotia, viz. that angle which is formed by a line drawn due north from the source of Saint Croix River to the Highlands ; along the said Highlands which divide those rivers that empty themselves into the river St. Law- rence, from those which fall into the Atlantic Ocean, to the northwestern- most head of Connecticut Biver ; thence down along the middle of that river, to the forty-fifth degree of north latitude ; from thence, by a line due west on said latitude, until it strikes the river Iroquois or Cataraquy ; thence along the middle of said river into Lake Ontario, through the middle of said lake until it strikes the communication by water between that lake and Lake Erie; thence along the middle of said communica- tion into Lake Erie, through the middle of said lake until it arrives at the water communication between that lake and Lake Huron ; thence along the middle of said water communication into the Lake Huron ; thence through the middle of said lake to the water communication be- tween that lake and Lake Superior; thence through Lake Superior northward of the Isles Boyal and Phelipeaux, to the Long Lake ; thence through the middle of said Long Lake, and the water communication be- tween it and the Lake of the Woods, to the said Lake of the Woods ; 316 TEEATIES AND CONVENTIONS. thence through the said lake to the most northwestern point thereof, and from thence on a due west course to the river Mississippi ; thence by a line to be drawn along the middle of the said river Mississippi until it shall intersect the northernmost part of the thirty-first degree of north latitude. South, by a line to be drawn due east from the determination of the line last mentioned, in the latitude of thirty-one degrees north of the Equator, to the middle of the river Apalachicola or Catahouche ; thence along the middle thereof to its junction with the Flint Eiver ; thence strait to the head of St. Mary's Eiver; and thence down along the middle of St. Mary's Eiver to the Atlantic Ocean. East, by a line to be drawn along the middle of the river St. Croix, from its mouth in the Bay of Fundy to its source, and from its source directly north to the aforesaid Highlands, which divide the rivers that fall into the Atlantic Ocean from those which fall into the river St. Lawrence; comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy and the Atlantic Ocean ; excepting such islands as now are, or heretofore have been, within the limits of the said province of Nova Scotia. Article III. It is agreed that the people of the United States shall continue to riishe er U oy unmolested the right to take fish of every kind on the Grand Bank, and on all the other banks of Newfoundland ; also in the Gulph of Saint Lawrence, and at all other places in the sea where the inhabitants of both countries used at any time heretofore to fish. And also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundland as British fishermen shall use (but not to dry or cure the same on that island) and also on the coasts, bays, and creeks of all other of His Britannic Majesty's dominions in America ; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled ; but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement, without a previous agreement for that purpose with the inhabitants, proprietors, or possessors of the ground. Article IV. It is agreed that creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted. Article V. It is agreed that the Congress shall earnestly recommend it to the legis- latures of the respective States, to provide for the restitution n,f n °d 8 Si t !!i r io c n < "Si of all estates, rights, and properties which have been confis- cated, belonging to real British subjects, and also of the es- tates, rights, and properties of persons resident in districts in the posses- sion of His Majesty's arms, and who have not borne arms against the said United States. And that persons of any other description shall have free liberty to go to any part or parts of any of the thirteen United States, and GREAT BRITAIN, 1783. 317 therein to remain twelve months, unmolested in their endeavours to obtain the restitution of such of their estates, rights, and properties as may have been confiscated ; and that Congress shall also earnestly recommend to the several States a reconsideration and revision of all acts or laws regard- ing the premises, so as to render the said laws or acts perfectly con- sistent, not only with justice and equity, but with that spirit of concilia- tion which, on the return of the blessings of peace, should universally prevail. And that Congress shall also earnestly recommend to the several States, that the estates, rights, and properties of such last men- tioned persons, shall be restored to them, they refunding to any persons who may be now in possession, the bona fide price (where any has been given) which such persons may have paid ou purchasing any of the said lands, rights,. or properties, since the confiscation. And it is agreed, that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights. Article VI. That there shall be no future confiscations made, nor any prosecutions commenc'd against any person or persons for, or by reason „,. ii-ii ii i j. i • - j.1. .Ho further confia- oi the part which he or they may have taken in the present rations or proses- war ; and that no person shall, on that account, suffer any future loss or damage, either in his person, liberty, or property ; and that those who may be in confinement on such charges, at the time of the ratification of the treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be discontinued. Article VII. There shall be a firm and perpetual peace between His BritannicMa- jesty and the said States, and between the subjects of the one British „ rmiea t0 and the citizens of the other, wherefore all hostilities, both be »-' tl » 1 "™°- by sea and land, shall from henceforth cease : All prisoners on both sides shall be set at liberty, and His Britannic Majesty shall, with all conve- nient speed, and without causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets from the said United States, and from every port, place, and harbour within the same; leaving in all fortifica- tions the American artillery that may be therein : And shall also order and cause all archives, records, deeds, and papers, belonging to any of the said States, or their citizens, which, in the course of the war, may have fallen into the hands of his officers, to be forthwith restored and deliver'd to the proper States and persons to whom they belong. Article VIII. _ The navigation of the river Mississippi,. from its source to the ocean, shall for ever remain free and open to the subjects of Great s^Mm of the Britain, and the citizens of the Unite*d States. m,,.^,. Article IX. In case it should so happen that any place or territory belonging to Great Britain or to the United States, should have been C onq ue »t s to be conquer'd by the arms of either from the other, before the restorBd - 318 TREATIES AND CONVENTIONS. arrival of the said provisional articles in America, it is agreed, that the same shall be restored without difficulty, and without requiring any compensation. Article X. The solemn ratifications of the present treaty, expedited in good and due form, shall be exchanged between the contracting par- R^catio,,*. t | eg> in the gpace of gjx months? or SO oner if possible, to be computed from the day of the signature of the present treaty. In wit- ness Whereof,.we the undersigned, their Ministers Plenipotentiary, have in their name and in virtue of our full powers, signed with our hands the present definitive treaty, and caused the seals of our arms to be affix'd thereto. Done at Paris, this third day of September, in the year of our Lord one thousand seven hundred and. eighty-three. D. HAETLEY. JOHN ADAMS. B. FRANKLIN. JOHN JAY. L. S. L. S. L. S. L. S. GREAT BRITAIN, 1794. TREATY OF AMITY, COMMERCE, AND NAVIGATION, BETWEEN HIS BRI- TANNIC MAJESTY AND THE UNITED STATES OF AMERICA, BY THEIR PRESIDENT, WITH THE ADVICE AND CONSENT OF THEIR SENATE. CON- CLUDED NOVEMBER 19, 1794 ; RATIFICATION EXCHANGED OCTOBER 28, 1795 ; PROCLAIMED FEBRUARY 29, 1796. His Britannic Majesty and the United States of America, being de- sirous, by a treaty of amity, commerce, and navigation, to terminate their differences in such a manner, as, without reference to the merits of their respective complaints and pretentions, may be the best calcu- lated to produce mutual satisfaction and good understanding ; and also to regulate the commerce and navigation between their respective coun- tries, territories, and people, in such a manner as to render the same reciprocally beneficial and satisfactory ; they have, respectively, named their Plenipotentiaries, and given them full powers to treat of, and con- clude the said treaty, that is to say : His Britannic Majesty has named for his Plenipotentiary, the Right Honorable William Wyndham Baron G-renville of Wotton, one of His Majesty's Privy Council, and his Majesty's Principal Secretary of State for Foreign Affairs ; and the President of the said United States, by and with the advice and consent of the Senate thereof, hath appointed for their Plenipotentiary, the Honorable John Jay, Chief Justice of the said United States, and their Envoy Extraordinary to His Majesty ; Who have agreed oh and concluded the following articles : Article I. There shall be a firm, inviolable and universal peace, and a true and sincere friendship between His Britannic Majesty, his heirs p^ce esMMuhed. an< j successors, and the United States of America ; and be- tween their respective countries, territories, cities, towns and people of every degree, without exception of persons or places. GKEAT BRITAIN, 1794. 319 Article II. . His Majesty will withdraw all his troops and garrisons from all posts and places within the boundary lines assigned by the treaty of peace to the United States. This evacuation shall take withd™wSS&om place on or before the first day of June, one thousand seven Umtedstate ° hundred and ninety-six, and all the proper measures shall in the interval be taken by concert between the Government of the United States and His Majesty's Governor-General in America, for settling the previous arrangements which may be necessary respecting the delivery of the said posts : The United States in the mean time, at their discretion, ex- tending their settlements to any part within the said boundary line, except within the precincts or jurisdiction of any of the said posts. All settlers and traders, within the precincts or jurisdiction of the said posts, shall continue to enjoy, unmolested, all to'IilSf «S°I2? their property of every kind, and shall be protected therein. """' They shall be at full liberty to remain there, or to remove with all or any part of their effects ; and it shall also be^free to them to sell their lands, houses, or effects, or to retain the property thereof, at their discretion ; such of them as shall continue to reside within the said boundary lines, shall not be compelled to become citizens of the United States, or to take any oath of allegiance to the Government thereof; but they shall be at full liberty so to do if they think proper, and they shall make and declare their election within one year after the evacuation aforesaid. And all persons who shall continue there after the expiration of the said year, without having declared their intention of remaining subjects of His Britannic Majesty, shall be considered as having elected to become citizens of the United States. • Article III. It is agreed that it shall at all times be free to His Majesty's subjects, and to the citizens of the United States, and also to the C om™rcjai inter- Indians dwelling on either side of the said boundary line, """"^ freely to pass and repass by land or inland navigation, into the respec- tive territories and countries of the two parties, on the continent of America, (the country within the limits of the Hudson's Bay Company only excepted,) and to navigate all the lakes, rivers, and waters thereof, and freely to carry on trade and commerce with each other. But it is understood that this article does not extend to the admission of vessels of the United States into the sea-ports, harbours, bays, or Creeks of His Majesty's said territories ; nor into such parts of the rivers in His Majesty's said territories as are between the mouth thereof, and the highest port of entry from the sea, except in small vessels trading bona fide between Montreal and Quebec, under such regulations as shall be established to prevent the possibility of any frauds in this respect. Kor to the admission of British vessels "from the sea into the rivers of the United States, beyond the highest ports of entry for foreign vessels from the sea. The river Mississippi shall, however, according to the treaty of peace, be entirely open to both parties; and it is further agreed, that all the ports and places on its eastern side, to whichsoever of the parties belonging, may freely be resorted to and used by both parties, in as ample a manner as any of the Atlantic ports or places of the United States, or any of the ports or places of His Majesty in Great Britain. All goods and merchandize whose importation into His Majesty's said territories in America shall not be entirely prohibited, m.ay freely, for 320 TREATIES AND CONVENTIONS. the purposes of commerce, be carried into the same in the manner aforesaid, by the citizens of the United States, and such goods and , merchandize shall be subject to no higher or other duties than would be payable by His Majesty's subjects on the importation of the same from Europe into the said territories. And in like manner, all goods and merchandize whose importation into the United States shall not be wholly prohibited, may freely, for the purposes of commerce, be carried into the same, in the manner aforesaid, by His Majesty's subjects, and- such goods and merchandize shall be subject to no higher or other duties than would be payable by the citizens of the United States on the importation of the same in American vessels into the Atlantic ports of the said States. And all goods not prohibited to be exported from the said territories respectively, may in like manner be carried out of the same by the two parties respectively, paying duty as aforesaid. No duty of entry shall ever be levied by either party on peltries brought by land or inland navigation into the said territories respec- tively, nor shall the Indians passing or repassing with their own proper goods and effects of whatever nature, pay for the same any impost or duty whatever. But goods in bales, or other large packages, unusual among Indians, shall not be considered as goods belonging bona fide to Indians. No higher or other tolls or rates of ferriage than what are or shall be payable by natives, shall be demanded on either side ; and no duties shall be payable on any goods which shall merely be carried over any of the portages or carrying-places on either side, for the purpose of being immediately re-imbarked and carried to some other place or places. But as by this stipulation it is only meant to secure to each party a free passage across the portages on both sides, it is agreed that this exemption from duty shall extend only to such goods as are carried in the usual and direct road across the portage, and are not attempted; to be in any manner sold or exchanged during their passage across the same, and proper regulations may be established to prevent the possi- bility of any frauds in this respect. As this article is intended to render in a great degree the local advantages of each party common to both, and thereby to promote a disposition favorable to friendship and good neighborhood, it is agreed that the respective Governments will mutually promote this amicable intercourse, by causing speedy and impartial justice to be done, and necessary ' protection to be extended to all who may be concerned therein. ' Article IV. Whereas it is uncertain whether the river Mississippi extends so far sur» eJ of the m^- to the northward as to be intersected by a line to be drawn »i»ippi. (j ue west from the Lake of the Woods, in the manner men- tioned in the treaty of peace between His Majesty and the United States: it is agreed that measures shall be taken in concert between His Majesty's Government in America and the Government of the United States, for making a joint survey of the said river from one degree of latitude below the falls of St. Anthony, to the principal source or sources of the said river, and also of the parts adjacent thereto ; and that if, on the result of such survey, it should appear that the said river would not be intersected by such a line as is above mentioned, the two parties will thereupon proceed, by amicable negotiation, to regulate the boundary line in that quarter, as well as all other points to be adjusted GREAT BRITAIN, 1794. 321 between the said parties, according to justice and mutual convenience, and in conformity to the intent of the said treaty. Article V. Whereas doubts have arisen what river was truly intended under the name of the river St. Croix, mentioned in the said treaty of peace, and forming a part of the boundary therein described ; that question shall be referred to the final decision of commissioners to be appointed in the following manner, viz : One commissioner shall be named by His Majesty, and one by the President of the United States, by and with the advice -i , /» ,~* r*i j_ j i j* ^ j_i • i a Commissioners to and consent of the Senate thereof, and the said two com- decide what ™ e < ■>, missioners shall agree on the choice of a third ; or if they cannot so agree, they shall each propose one person, and of the two names so proposed, one shall be drawn by lot in the presence of the two original commissioners. And the three commissioners so appointed shall be sworn, impartially to examine and decide the said question, according to such evidence as shall respectively be laid before them on the part of the British Government and of the United States. The said commissioners shall meet at Halifax, and shall have power to adjourn to such other place or places as they shall think fit. They shall have power to appoint a secretary, and to employ such surveyors or other persons as they shall judge necessary. The said commissioners shall, by a declaration, under their hands and seals, decide what river is the river St. Croix, intended by the treaty. The said declaration shall con- tain a description of the said river,' and shall particularize the latitude . and longitude of its mouth and of its source. Duplicates of this declara- tion and of the statements of their accounts, and of the journal of their proceedings, shall be delivered by them to the agent of His Majesty, and to the agent of the United States, who may be respectively appointed and authorized to manage the business on behalf of the respective Governments. And both parties agree to consider such decision as final and conclusive, so as that the same shall never there- after be called into question, or made the subject of dispute or difference between them. Article VI. Whereas it is alledged by divers British merchants and others His Majesty's subjects, that debts, to a considerable amount, which were bona fide contracted before the peace, still ^"^.1.™^° remain owing to them by citizens or inhabitants of the toBri,i9hcredit ° ra - United States, and that by the operation of various lawful impediments since the peace, not only the full recovery of the said debts has been delayed, but also the value and security thereof have been, in several instances, impaired and lessened, so that, by the ordinary course of judicial proceedings, the British creditors cannot now obtain, and actually have and receive full and adequate compensation for the losses and damages which they have thereby sustained : It is agreed, that in all such cases, where full compensation for such losses and damages cannot, for whatever reason, be actually obtained, had and received by the said creditors in the ordinary course of justice, the United States will make full and complete compensation for the same to the said creditors : But it is distinctly understood, that this provision is to extend to such losses only as have been occasioned by the lawful impediments aforesaid, and is not to extend to losses occasioned by such insolvency of the debtors 322 TREATIES AND CONVENTIONS. or other causes as would equally have operated to produce such loss, if the said impediments had not existed ; nor to such losses or damages as have been occasioned by the manifest delay or negligence, or wilful omission of the claimant. For the purpose, of ascertaining the amount of any such losses and damages, five commissioners shall be appointed and author- Commissioners to . -■ . ' , -, . . ~ ln . ■ m j» j_i be apposed to «s- ized to meet and act m manner following, viz : Two 01 them shall be appointed by His Majesty, two of them by the Pres- ident of the United States by and with the advice and consent of the Sen- ate thereof, and the fifth by the unanimous voice of the other four ; and if they should not agree in such'choice, then the commissioners named by the two parties shall respectively propose one person, and of the two names so proposed, one shall be drawn by lot, in the presence of the four original commissioners. When the five commissioners thus ap- pointed shall first meet, they shall, before they proceed to act, respect- ively take the following oath, or affirmation, in the presence of each other; which oath, or affirmation, being so taken and duly attested, shall be entered on the record of their proceedings, viz : I, A. B., one of the commissioners appointed in pursuance of the sixth article of the Treaty of Amity, Commerce and Navigation, between His Britannic Majesty and the United States of America, do solemnly swear (or affirm) that I will honestly, diligently, impartially, and carefully examine, and to the best ofjmy judgment, according to justice and equity, decide all such complaints, as under the said article shall be preferred to the said commissioners^ and that I will forbear to act as a commissioner, in any case in which I may be personally interested. Three of the said commissioners shall constitute a board, and shall Their power and have power to do any act appertaining to the said commis- Juty - sion, provided that one of the commissioners named on each side, and the fifth commissioner shall be present, and all decisions shall be made by the majority of the voices of the commissioners then present. Eighteen months from the day on which the said commis- sioners shall form a board, and be ready to proceed to business, are assigned for receiving complaints and applications ; but they are never- theless authorized, in any particular cases in which it shall appear to them tobe reasonable and just, to extend the said term of eighteen months, for any term not exceeding six months, after the expiration thereof.. The said commissioners shall first meet at Philadelphia, but they shall have power to adjourn from place to place as they shall see cause. The said commissioners in examining the complaints and applications so preferred to them, are empowered and required, in pursuance of the true intent and meaning of this article, to take into their consideration all claims, whether of principal or interest, or balances of principal and interest, and to determine the same respectively, according to the merits of the several cases, due regard being had to all the circum- stances thereof, and as equity and justice shall appear to them to require. And the said commissioners shall have power to examine all such persons as shall come before them, on oath or affirmation, touch- ing the premises ; and also to receive in evidence, according as they may think most consistent with equity and justice, all written deposi- tions, or books, or papers, or copies, or extracts thereof; every such deposition, book, or paper, or copy, or extract, being duly authenticated, either according to the legal form now respectively existing in the two countries, or in such other manner as the said commissioners shall see cause to require or allow. The award of the said commissioners, or of any three of them as GREAT BRITAIN, 1794. 323 aforesaid, shall in all cases be final and conclusive, both as to the justice of the claim, and to the amount of the sum to be paid to the creditor or claimant; arid the United States undertake to cause the sum so awarded to be paid in specie to such creditor or claimant -without de- duction; and at such time or times and at such place or places, as shall be awarded by the said commissioners ; and on condition of such releases or assignments to be given by the creditor or claimant, as by the said commissioners may be directed : Provided always, that no such payment shall be fixed by the said commissioners to take place sooner than twelve months from the day of the exchange of the ratification of this treaty. Article VII. Whereas complaints have been made by divers merchants and others, citizens of the United States, that during the course of the t^ma^mamt war in which His Majesty is now engaged, they have sus- \° ™\Z °SS tained considerable losses and damage, by reason of irregu- citizens lar or illegal captures or condemnations of their vessels and other property, under color of authority or commissions from His Majesty, and that from various circumstances belonging to the said cases, adequate compensation for the. losses and damages so sustained cannot now be actually obtained, had, and received by the ordinary course of judicial proceedings ; it is agreed, that in all such cases, where adequate compensation cannot, for whatever reason, be now actually obtained, had, and received by the said merchants and others, in the ordinary course of justice, full and complete compensation for the same will be made by the British Qrovernment to the said complainants. But it is distinctly understood that this provision is not to extend to such losses or damagesas have been occasioned by the manifest delay or negligence, or wilful omission of the claimant. That for the purpose of ascertaining the amount of any such losses and damages, five commissioners shall be appointed and .-. . -r^. ' , • -r -i j/i • j_l T j. t Commissioners to authorized to act in London, exactly in the manner directed »e appointed to »» - with respect to those mentioned in the preceding article, and after having taken the same oath or affirmation, (mutatis mutandis,) the same term of eighteen months is also assigned for the reception of claims, and they are in like manner authorized to extend the same in particular cases. They shall receive testimony, books, papers, and evidence in the same latitude, and exercise the like discretion and powers respecting that subject ; and shall decide the claims in question according to the merits of the several cases, and to justice, equity, and the laws of nations. The award of the said commissioners, or any such three of them as aforesaid, shall in all cases be final and conclu- sive, both as to the justice of the claim, and the amount of the sum to be paid to the claimant ; and His Britannic Majesty undertakes to cause the same to be paid to such claimant in specie, without any deduction, at such place or places, and at such time or times, as shall be awarded by the said commissioners, and on condition of such releases or assign- ments to be given by the claimant, as by the said commissioners may be directed. And whereas certain merchants and others, His Majesty's subjects, complain that, in the course of the war, they have sustained loss and damage by reason of the capture of their vessels and merchandise, taken within the limits and jurisdiction of the States and brought into the ports of the same, or taken by vessels originally armed in ports of the said States : 324 TREATIES AND CONVENTIONS. It is agreed that in all such cases where restitution shall not have c„ mP e„ 5 «io„ ,„ been made agreeably to the tenor of the letter from Mr. &;«* .abject,. Jefferson to Mr. Hammond, dated at Philadelphia, Sept. 5, 1793, a copy of which is annexed to this treaty; the complaints of the parties shall be and hereby are referred to the commissioners to be appointed by virtue of this article, who are hereby authorized and required to proceed in the like manner relative to these as to the other «ases committed to them ; and the United States undertake to pay to the complainants or claimants in specie, without deduction, the amount of such sums as shall be awarded to them respectively by the said com- missioners, and at the times and places which in such awards shall be specified; and on condition of such releases or assignments to be given by the claimants as in the said awards may be directed: And it is further agreed, that not only the now-existing cases of both descrip- tions, but also all such as shall exist at the time of exchanging the ratifications of this treaty, shall be considered as being within the pro- visions, intent, and meaning of this article. ' Article VIII. It is further agreed that the commissioners mentioned in this and in how expels the two preceding articles shall be respectively paid in such vactmyVcomiS manner as shall be agreed between, the two parties, such 9 ,one« .applied, agreement being to be settled at the time of the exchange of the ratifications of this treaty. And all other expences attending the said commissions shall be defrayed jointly by the two parties, the same being previously ascertained and allowed by the majority of the com- missioners. And in the case of death, sickness or necessary absence, the place of every such commissioner respectively shall be supplied in the same. manner as such commissioner was first appointed, and the new commissioners shall take the same oath or affirmation and do the same duties. * Article IX. It is agreed that British subjects who now hold lands in the territories Aiienaee not to of the United States, and American citizens who now hold t"o fl iands oerta ea lands in the dominions of His Majesty, shall continue tohold them according to the nature and tenure of their respective estates and titles therein ; and may grant, sell, or devise the same to whom they please, in like manner as if they were natives ; and that neither they nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident thereto, be regarded as aliens. Article X. Neither the debts due from individuals of the one nation to individuals serration ir of the other, nor shares, nor monies, which they may have debts re.tr«i,.ej. j n t ne public funds, or in the public or private banks, shall ever in any event of war or national differences be sequestered or con- fiscated, it being unjust and impolitic that debts and engagements con- tracted and made by individuals, having confidence in each other and in their respective Governments, should ever be destroyed or impaired by national authority on account of national differences and discontents. Article XL It is agreed between His Majesty and the United States of America, that there shall be a reciprocal and entirely perfect liberty of naviga- GKEAT BRITAIN, ]794. 325 tion and commerce between their respective people, in the manner, under the limitations, and on the conditions specified in the following articles. Article XII. His Majesty consents that it shall and may be lawful, during the time hereinafter limited, for the citizens of the United States We .ti n dia trade to carry to any of His Majesty's islands and ports in the re « ulnted "West Indies from the United States, in their own vessels, not being above the burthen of seventy tons, any goods or merchan- endei dizes, being of the growth, manufacture, or produce of the said States, which it is or may be lawful tg carry to the said islands or ports from the said States in British vessels ; and that the said American vessels shall be .subject there to no other or higher tonnage duties or " charges than shall be payable by British vessels in the ports of the United States ; and that the cargoes of the said American vessels shall be subject there to no other or higher duties or charges than shall be pay- able on the like articles if imported there from the said States in British vessels. And His Majesty also consents that it shall be lawful for the said American citizens to purchase, load, and carry away in their said vessels to the United States, from the said islands and ports, all such articles, being of the growth, manufacture, or produce of the said islands, as may now by law be carried from thence to the said States in British vessels, and subject only to the same duties and charges on exportation, to which British vessels and their cargoes are or shall be subject in similar circumstances. Provided always, that the said American vessels do carry and land their cargoes in the United States only, it being expressly agreed and declared that, during the continuance of this article, the United States will prohibit and restrain the carrying any molasses, sugar, coffee, cocoa, or cotton in American vessels, either from His Majesty's islands or from the United States to any part of the world except the United States, reasonable sea-stores excepted. Provided, also, that it shall and may be lawful, during the same period, for British vessels to import from the said islands into the United States, and to export from the United States to the said islands, all articles whatever, being of the growth, produce, or manufacture of the said islands, or of the United States respectively, which now may, by the laws of the said States, be so imported and exported. And that the cargoes of the said British vessels shall be subject to no other or higher duties or charges, than shall be payable on the same articles if so imported or exported in American vessels. It is agreed that this article, and every matter and thing therein con- tained, shall continue to be in force during the continuance of the war in which His Majesty is now engaged ; and also for two years from and after the day of the signature of the preliminary or other articles of peace, by which the same may be terminated. And it is further agreed that, at the expiration of the said term, the two contracting parties will endeavour further to regulate their com- merce in this respect, according to the situation in which His Majesty may then find himself' with respect to the West Indies, and with a view to such arrangements as may best conduce to the mutual advantage and extension of commerce. ' And the said parties will then also renew their discussions, and endeavour to agree, whether in any and what cases, neutral vessels shall protect enemy's property ; and in what cases provisions and other articles, not generally contraband, may become 326 TREATIES AND CONVENTIONS. such. • But in the mean time, their conduct towards each other in these respects shall be regulated by the articles hereinafter inserted on those subjects. Article XIII. His Majesty consents that the vessels belonging to the citizens of the K «,.i„di. trade United States of America shall be admitted and hospitably regulated. received in all the sea-ports and harbors of the British territories- in the Bast Indies. And that the citizens of the said United States may freely carry on a trade between the said territories and the said United States, in all articles of which the importation or exporta- tion respectively, to or from the said territories, shall not be entirely- prohibited. Provided only, that it shall not be lawful for them in any ■ time of war between the British Government and any other Power or State whatever, to export from the said territories, without the special permission of the British Government there^ any military stores, or naval stores, or rice. The citizens of the United States shall pay for their vessels when admitted into the said ports no other or higher ton- nage duty than shall be payable on British vessels when admitted into the ports of the United States. And they shall pay ho other or higher duties or charges, on the importation or exportation of the cargoes of the said vessels, than shall be payable on the same articles when im- ported or exported in British vessels. But it is expressly agreed that the vessels of the United States shall not carry any of the articles ex- ported by them from the said British territories to any port or place, except to some port or place in America, where the same shall be unladen and such regulations shall be adopted by both parties as shall from time to time be found necessary to enforce the due and faithful observ- ance of this stipulation. It is also understood that the permission granted by this article is not to extend to allow the vessels of the United States to carry on any part of the coasting trade of the said British terri- tories ; but vessels going with their original cargoes, or partthereof, from one port of discharge to another, are not to be considered as carrying on the coasting trade. Neither is this article to be construed to allow the citi- zens of the said States to settle or reside within the said territories, or to go into the interior parts thereof, without the permission of the British Government established there y and if any transgression should be attempted against the regulations of the British Government in this ' respect, the observance of the same shall and may be enforced against the citizens of America in the same manner as against British subjects or others transgressing the same rule. And the citizens of the United States, whenever they arrive in any port or harbour in the said terri- tories, or if they should be permitted, in manner aforesaid, to go to any other place therein, shall always be subject to the laws, government, and jurisdiction of what nature established in such harbor, port, or place, according as the same may be. The citizens of the United States may also touch for refreshment at the island of St. Helena, but subject in all respects to such regulations as the British Government may from time to time establish there. Article XIV. There shall be between all the dominions of His Majesty in Europe Liberty <,f com- and the territories of the United States a reciprocal and merce. perfect liberty of commerce and navigation. The people and inhabitants of the two countries, respectively, shall have liberty GREAT BRITAIN, 1794. 327 freely and securely, and without hindrance and molestation, to come with their ships and cargoes to the lands, countries, cities, ports, places, and rivers within the dominions and territories aforesaid, to enter into the same, to resort there, and to remain and reside there, without any limitation of time. Also to hire and possess houses and warehouses for the purposes of their commerce, and generally the merchants and traders on each side shall enjoy the most complete protection and security for their commerce ; but subject always as to what respects this article to the laws and statutes of the two countries respectively. Article XV. It is agreed that no other or higher duties shall be paid by the ships ■or merchandize of the one party in the ports of the other DutieB on ships than such as are paid by the like vessels or merchandize "■a™*"*"""'™ of all other nations. Nor shall any other or higher duty be imposed in oue country on the importation of any articles the growth, produce, or manufacture of the other, than are or shall be payable on the importa- tion of the like articles being of the growth, produce, or manufacture of any other foreign country. Nor shall any prohibition be imposed on the exportation or importation of any articles to or from the territories of the two parties respectively, which shall not equally extend to all other nations. But the British Government reserves to itself the right of imposing on American vessels entering into the British ports in Europe a tonnage duty equal to that which shall be payable by British vessels in the ports of America ; and also such duty as may be adequate to countervail the difference of duty now payable on the importation of European and Asiatic goods, when imported into the United States in British or in American vessels. The two parties agree to treat for the more exact equalization of the •duties on the respective navigation of their subjects and people, in such manner as may be most beneficial to the two countries. The arrange- ments for this purpose shall be made at the same time with, those men- tioned at the conclusion of the twelfth article of this treaty, and are to be considered as a part thereof. In the interval it is agreed that the United States will not impose any new or additional tonnage duties on British vessels, nor increase the now-subsisting difference between the duties payable on the importation of any articles in British or in Ameri- can vessels. Article XVI. It shall be free for the two contracting parties, respectively, to appoint ■Consuls for the protection of trade, to reside in the domin- Comuli ions and territories aforesaid ; and the said Consuls shall enjoy those liberties and rights which belong to them by reason of their function. But before any Consul shall act as such, he shall be iu the usual forms approved and admitted by the party to whom he is sent ; and it is hereby declared to be lawful and proper that, in case of illegal or improper conduct towards the laws or Government, a Consul may ether be punished according to law, if the laws will reach the case, or be dis- missed, or even sent back, the offended Government assigning to the other their reasons for the same. Either of the parties may except from the residence of Consuls such particular places as such party shall judge proper to be so excepted. 328 TREATIES AND CONVENTIONS. Article XVII. It is agreed that in all cases where vessels shall be captured or de- tained on just suspicion of having on board enemy's prop- mSdonS!? erty, or of carrying to the enemy any of the articles which um co^ba^ BO od, are contraband of war? the said vesse ls shall be brought to the nearest or most convenient port ; and if any property of an enemy should be found on board such vessel, that part only which belongs to the enemy shall be made prize, and the vessel shall be at liberty to pro- ceed with the remainder without any impediment. And it is agreed that all proper measures shall be taken to prevent delay in deciding the cases of ships or cargoes so brought in for adjudication, and in the pay- ment or recovery of any indemnification, adjudged or agreed to be paid to the masters or owners of such ships. Article XVIII. In order to regulate what is in future, to be esteemed contraband of war, it is agreed that under the said denomination shall be be deemef "nta- comprised all arms and implements serving for the purposes of war, by land or sea, such as cannon, muskets, mortars, petards, bombs, grenades, carcasses, saucisses, carriages for cannon, mus- ket-rests, bandoliers, gun-powder, match, saltpetre, ball, pikes, swords, head-pieces, cuirasses, halberts, lances, javelins, horse-furniture, holsters, belts, and generally all other implements of war, as also timber for ship- building, tar or rozin, copper in sheets, sails, hemp, and cordage, and generally whatever may serve directly to the equipment of vessels, un- wrought iron and fir planks only excepted ; and all the above articles are hereby declared to be just objects of' confiscation whenever they are attempted to be carried to an enemy. And whereas the difficulty of agreeing on the precise cases in which provisions becom- alone provisions and other articles not generally contraband in B contraband. ma y k e regarded as such, renders it expedient to provide against the inconveniences and misunderstandings which might thence arise : It is further agreed that whenever any such articles so becoming contraband, according to the existing laws of nations, shall for that rea- son be seized, the same shall not be confiscated, but the owners thereof shall be speedily and completely indemnified ; and the captors, or, in their default, the Government under whose authority they act, shall pay to the masters or owners of such vessels the full value of all such arti- cles, with a reasonable mercantile profit thereon, together with the freight, and also the demurrage incident to such detention. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is to^erVbioSed either besieged, blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place ; but she shall not be detained, nor her cargo, if not contraband, be confiscated, unless after notice she shall again attempt to enter, but she shall be permitted to go to any other port or place she may think proper; nor shall any vessel or goods of either party that may have entered into such port or place before the same was besieged, blockaded, or invested by the other, and be found therein after the re- duction or surrender of such place, be liable to confiscation, but shall be restored to the owners or proprietors thereof. GEEAT BRITAIN, 1794. 329 Article XIX. And that more abundant care may be taken for the security of the respective subjects and citizens of the contracting parties, and to prevent their suffering injuries by the men-of-war, or privateers of either party, all commanders of ships of war and privateers, and all others the said subjects and citizens, shall forbear doing any damage to those of the other party or committing any outrage against them, and if they act to the contrary they shall be punished, and shall also be bound in their persons and estates to make satisfaction and rep- aration for all damages, and the interest thereof, of whatever nature the said damages may be. For this cause, all commanders of privateers, before they receive their commissions, shall hereafter be obliged to give, before a competent judge, sufficient security by at least two responsible sureties, who have no interest in the said privateer, each of whom, together with the said commander, shall be jointly and 'severally bound in the sum of fifteen hundred pounds sterling, or, if such ships be provided with above one hundred and fifty seamen or soldiers, in the sum of three thousand pounds sterling, to satisfy all damages and injuries which the said pri- vateer, or her officers or men, or any of them, may do or commit during their cruise contrary to the tenor of this treaty, or to the laws and in- structions for regulating their conduct ; and further, that in all cases of aggressions the said commissions shall be revoked and annulled. It is also agreed that whenever a judge of a court of admiralty of either of the parties shall pronounce sentence against any vessel or- goods or property belonging to the subjects or citizens of the other- party, a formal and duly authenticated copy of all the proceedings in the cause, and of the said sentence, shall, if required, be delivered to the commander of the said vessel, without the smallest delay, he paying- all legal fees and demands for the same. Article XX. It is further agreed that both the said contracting parties shall not only refuse to receive any pirates into any of their ports, havens, or towns, or permit any of their inhabitants to re- ceive, protect, harbor, conceal, or assist them in any manner, but will bring to condign punishment all such inhabitants as shall be guilty of such acts or offences. And all their ships, with the goods or merchandizes taken by them and brought into the port of either of the said parties, shall be seized as far as they can be discovered, and shall be restored to the owners, or their factors or agents, duly deputed and authorized in writing by them (proper evidence being first given in the court of admiralty for proving the property) even in case such effects should have passed into other hands by sale, if it be proved that the buyers knew or had good reason to believe or suspect that they had been piratically taken. Article XXI. It is likewise agreed that the subjects and citizens of the two nations shall not do any acts of hostility or violence against each s»i*«. «■<*««» other, nor accept commissions or instructions so to act from S^S£,K any foreign Prince or State, enemies to the other party ; nor tt'Vj"'^^ shall the enemies of one of the parties be permitted to invite, other. 330 TREATIES AND CONVENTIONS. or endeavor to enlist in their military service, any of the subjects or citizens of the other party ; and the laws against all such offences and aggressions shall be punctually executed. And if any subject or citizen •of the said parties respectively shall accept any foreign commission or letters of marque for arming any vessel to act as a privateer against the other party, and be taken by the other party, it is hereby declared to be lawful for the said party to treat and punish the said subject or citizen having such commission or letters of marque as a pirate. Article XXII. It is expressly stipulated that neither of the said contracting parties R^risai w *'* or der or authorize any acts of reprisal against the other, on complaints of injuries or damages, until the said party shall first have presented to the other a statement thereof, verified by competent proof and evidence, and demanded justice and satisfaction, and the same shall either have been refused or unreasonably delayed. Article XXIII. The ships of war of each of the contracting parties shall, at all times, be hospitably received in the ports of the other, their officers and crews paying due respect to the laws and Government of the country. The officers shall be treated with that respect which is due to the commissions which they bear, and if any insult should be offered to them by any of the inhabitants, all offenders in this respect shall be punished as disturbers of the peace and amity between the two •countries. And His Majesty consents that in case an American vessel should, by stress of weather, danger from enemies, or other veSl e ^»M m l!S" misfortune, be reduced to the necessity of seeking shelter in any of His Majesty's ports, into which such vessel could not in ordinary cases claim to 'be admitted, she shall, on manifesting that necessity to the satisfaction of the Government of the place, be hospitably received, and be permitted to refit and to purchase at the market price such necessaries as she may stand in need of, conformably to such orders and regulations as the Government of the place, having respect to the circumstances of each case, shall prescribe. She shall not be allowed to break bulk or unload her cargo, unless the same should be bona fide necessary to her being refitted. Nor shall be permitted to sell any part of her cargo, unless so much only as may be necessary to defray her expences, and then not without the express permission of the Government of the place. Nor shall she be obliged to pay any duties whatever, except only on such articles as she may be permitted to sell for the purpose aforesaid. Article XXIV. It shall not be lawful for any foreign privateers (not being subjects or citizens of either of the said parties) who have commis- . sions from any other Prince or State in enmity with either nation to arm their ships in the ports of either of the said parties, nor to sell what they have taken, nor in any other manner to exchange the same ; nor shall they be allowed to purchase more provisions than shall be necessary for their going to the nearest port of that Prince or State from whom they obtained their commissions. GREAT BRITAIN, 3794. 331 Article XXV. It shall be lawful for the ships of war and privateers belonging to the said parties respectively to carry whithersoever they please Pri „, and cap _ the ships and goods taken from their enemies, without being tures - obliged to pay any fee to the officers of the admiralty, or to any judges whatever; nor shall the said prizes, when they arrive at and enter the ports of the said parties, be detained or seized, neither shall the searchers or other officers of those places visit such prizes, (except for the purpose of preventing the carrying of any part of the cargo thereof on shore in any manner contrary to the established laws of revenue, navigation, or com- merce,) nor shall such officers take cognizance of the validity of such prizes ; but they shall be at liberty to hoist sail and depart as speedily as may be, and carry their said prizes to the place mentioned in their commissions or patents, which the commanders of the said ships of war or privateers shall be obliged to show. No shelter or refuge shall be given in their ports to such as have made a prize upon the subjects or citizens of either of the said parties ; but if forced by stress of weather, or the dangers of the sea, to enter therein, particular care shall be taken to hasten their departure, and to cause them to retire as soon as pos- sible. Nothing in this treaty contained shall, however, be construed or operate contrary to former and existing public treaties with other sov- , ereigns or States. But the two parties agree that while they continue in amity neither of them will in future make any treaty that shall be inconsistent with this or the preceding article. Neither of the said parties shall permit the ships or goods belonging to the subjects or citizens of the other to be taken within cannon shot of the coast, nor in any of the bays, ports, or rivers of their territories, by ships of war or others having commission from any Prince, Republic, or State whatever. But in case it should so happen, the party whose territorial rights shall thus have been violated shall use his utmost endeavors to obtain from the offending party full and ample satisfaction for the vessel or vessels so taken, whether the same be vessels of war or merchant vessels. Article XXVI. If at any time a rupture should take place (which God forbid) between His Majesty and the United States, the merchants and others e o[ he of each of the two nations residing in "the dominions of the suiueaSdtiJL! other shall have the privilege of remaining and continuing in e th S 3"mS»"Jr their trade, so long as they behave peaceably and commit th no offence against the laws ; and in case their conduct should render them suspected, and the respective Governments should think proper to order them to remove, the term of twelve months from the publication of the order shall be allowed them for that purpose, to remove with their families, effects, and property, but this favor shall not be extended to those who shall act contrary to the established laws ; and for greater certainty, it is declared that such rupture shall not be deemed to exist while negotiations for accommodating differences shall be depending, nor until the respective Ambassadors or Ministers, if such there shall be, shall be recalled or sent home on account of such differences, and not on account of personal misconduct, according to the nature and degrees of which both pan-ties retain their rights, either to request the recall, or immediately to send home the Ambassador or Minister of the other, and that without prejudice to their mutual friendship and good under- standing. 332 TREATIES AND CONVENTIONS. Article XXVII. It is further agreed that His Majesty and the United States, on mutual requisitions, by them respectively, or by their re- or.min.1.. speotive Ministers or officers authorized to make the same, ■will deliver up to justice all persons who, being charged with murder or forgery, committed within the jurisdiction of either, shall seek an asylum within any of the countries of the other, provided that this shall only be done on such evidence of criminality as, according to the laws of the place, where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the offence had there been committed. The expence of such apprehension and delivery shall be borne and defrayed by those who make" the requisition and receive the fugitive. Article XXVIII. It is agreed that the first ten articles of 1 this treaty shall be perma- nent, and that the subsequent articles, except the twelfth, shall be limited in their duration to twelve years, to be computed from the day on which the ratifications of this treaty shall be exchanged, but subject to this condition, That whereas the said twelfth article will expire by the limitation therein contained, at the end of two years from the signing of the preliminary or other articles of peace, which shall terminate the present war in which His Majesty is engaged, it is agreed that proper measures shall by concert be taken for bringing the subject of that article into amicable treaty and discus- sion, so early before the expiration of the said term as that new arrangements on that head may by that time be perfected and ready to take place. But if it should unfortunately happen that His Majesty and the United States should not be able to-agree on such new arrange- ments, in that case all the articles of this treaty, except the first ten, shall then cease and expire together. Lastly. This treaty, when the same shall have been ratified by His Majesty and by the President of the United States, by and with the advice and consent of their Senate, and the re- spective ratifications mutually exchanged, shall be binding and obliga- tory on His Majesty and on the said States, and shall be by them respectively executed and observed with punctuality and the most sincere regard to good faith ; and whereas it will be expedient, in order the better to facilitate intercourse and obviate difficulties, that other articles be proposed and added to this treaty, which articles, from want of time and other circumstances, cannot now be perfected, it is agreed that the said parties will, from time to time, readily treat of and con- cerning such articles, and will sincerely endeavor s*o to form them as that they may conduce to mutual convenience and tend to promote mutual satisfaction and friendship; and that the said articles, after having been duly ratified, shall be added to and make a part of this treaty. In faith whereof we, the undersigned Ministers Plenipotentiary of His Majesty the King of Great Britain and the United States of America, have signed this present treaty, and have caused to be affixed thereto the seal of our arms. Done at London this nineteenth day of November, one thousand seven hundred and ninety-four. GEENVILLE. JOHN JAY. L. S. L. S. GREAT BRITAIN, 1794, 1796. 333 ADDITIONAL AETICLE. . It is further agreed, between the said contracting parties, that the operation of so much- of the twelfth article of the said TM n lh „t io ie. M . treaty as respects the trade which his said Majesty thereby pe ° de<1, consents may be carried on between the United States and his islands in the West Indies, in the manner and on the terms and conditions therein specified, shall be suspended. EXPLANATOEY AETICLE. Mw4 ,iwe. Whereas by the third article of the treaty of amity, commerce, and navigation, concluded at London on the nineteenth day of November, one thousand seven hundred and ninety-four, between His Britannic Majesty and the United States of America, it was agreed that it should at all times be free to His'Majesty's subjects and to the citizens of the United States, and also to the Indians dwelling on either side of the boundary line, assigned by the treaty of peace to the United States, freely to pass and repass, ;by land or inland navigation, into the respec- tive territories and countries of the two contracting parties, on the con- tinent of America, (the country within the limits of the Hudson's Bay Company only excepted,) and to navigate all the lakes, rivers, and waters thereof, and freely to carry on trade and commerce with each other, subject to the provisions and limitations contained in the said article : And whereas by the eighth article of the treaty of peace and friendship concluded at Greenville on the third day of August, one thousand seven hundred and ninety-five, between the United States and the nations or tribes of Indians called the Wyandots, Delawares, Shawanoes, Ottawas, Chippewas, Putawatimies, Miamis, Eel Eiver, Weeas, Kickapoos, Piankashaws, and Kaskaskias, it was stipulated that no person should be permitted to reside at any of the towns or hunting camps of the said Indian tribes, as a trader, who is not fur- nished with a licence for that purpose under the authority of the United States : Which latter stipulation has excited doubts, whether in its operation it may not interfere with the due execution of the said third article of the treaty of amity, commerce, and navigation : And it being the sincere desire of His Britannic Majesty and of the United States that this point 'should be so explained as to remove all doubts and promote mutual satisfaction and friendship: And for this purpose His Britannic Majesty having named for his Commissioner, Phineas Bond, Esquire, His Majesty's Consul General for the Middle and South- ern States of America, (and now His Majesty's Charge" d' Affaires to the United States,) and the President of the United States having named for their Commissioner, Timothy Pickering, Esquire, Secretary of State of the United States, to whom, agreeably to the laws of the United States, he has intrusted this negotiation: They, the said commission- ers, having communicated to each other their fall powers, have, in virtue of the same, and conformably to the spirit of the last article of the said treaty of amity, commerce, and navigation, entered into this' explanatory article, and do by these presents explicitly agree and declare, that no stipulations in any treaty subsequently concluded by either of the contracting parties with any^ other State or nation, or with any Indian tribe, can be understood to derogate in any manner from the rights of free intercourse and commerce, secured by the aforesaid 334 TREATIES AND CONVENTIONS. third article of the treaty of amity, commerce, and navigation, to the subjects of his Majesty and to the citizens of the United States, and to the Indians dwelling on either side of the boundary line aforesaid ; but that all the said persons shall remain at full liberty freely to pass and repass, by land or inland navigation, into the respective territories and countries of the contracting parties, on either side of the said boundary line, and freely to carry on trade and commerce with each other, according to the stipulations of the said third article of the treaty of amity, commerce, and navigation. This explanatory article, when the same shall have been ratified by His Majesty and by the President of the United States, by and with the advice and consent of their Senate, and the respective ratifications mu- tually exchanged, shall be added to and make a part of the said treaty of amity, commerce, and navigation, and shall be permanently binding upon His Majesty and the United States. In witness whereof we, the said Commissioners of His Majesty the King of Great Britain and the United States of America, have signed this present explanatory article, and thereto affixed our seals. Done at Philadelphia this fourth day of May, in the year of our Lord one thousand seven hundred and ninety-six. P. BOND. [L. s. TIMOTHY PIOKEEING. [L. s/ Explanatory article, to be added to the treaty of amity, commerce, and navigation between the United States and His Britannic March 15, 1798. -,. ," , Majesty. Whereas by the twenty-eighth article of the treaty of amity, com- Thecommimonera merce, and navigation between His Britannick Majesty and ™,uhe h sour t ce"f t Se the United States, signed at London on the nineteenth day of st. cro. x . November, one thousand seven hundred and ninety-four, it was agreed that the contracting parties would, from time to time, readily treat of and concerning such further articles as might be proposed ; that they would sincerely endeavour so to form such articles as that they might conduce to mutual convenience and tend to promote mutual sat- isfaction and friendship ; and that such articles, after having been duly ratified, should be added to and make a part of that treaty : And whereas difficulties have arisen with respect to the execution of so much of the fifth article of the said treaty as requires that the Commissioners appointed under the same should in their description particularize the latitude and longitude of the source of the river which may be found to be the one truly intended in the treaty of peace between His Britannick Majesty and the United States, under the name of the river St. Croix, by reason whereof it is expedient that the said Commissioners should be released from the obligation of conforming to the provisions of the said article in this respect. The undersigned being respectively named by His Britannick Majesty and the United States of America their Pleni- potentiaries for the purpose of treating of and concluding such articles as may be proper to be added to the said treaty, in conformity to the above-mentioned stipulation, and having communicated to each other their respective full powers, have agreed and concluded, and do hereby declare in the name of His Britannick Majesty and of the United States of America, that the Commissioners appointed under the fifth article of the above-mentioned treaty shall not be obliged to particularize, in GREAT BRITAIN, 1794, 1798. 335 their description, the latitude and longitude of the source of the river ■which may be found to be the one truly intended in the aforesaid treaty of peace under the name of the river St. Croix, but they shall be at liberty to describe the said river, in such other manner as they may judge ex- pedient, which description shall be considered as a compleat execution of the duty required of the said Commissioners in this respect by the article aforesaid. And to the end that no uncertainty may hereafter exist on this subject, it is further agreed, That as soon as may be after the decision of the said Commissioners, measures shall be concerted be- tween the Government of the United States and His Britannick Majesty's Governors or Lieutenant Governors in America, in order to erect and keep in repair a suitable monument at the place ascertained A mo „ umen , a , the . and described to be the source of the said river St. Croix, ,ourcc which measures shall immediately thereupon, and as often afterwards as. may be requisite, be duly executed on both sides with punctuality and good faith. This explanatory article, when the same shall have been ratified by His Majesty and by the President of the United States, by and with the advice and consent of their Senate, and the respective ratifications mu- tually exchanged, shall be added to and make a part of the treaty of amity, commerce, and navigation between His Majesty and the United States, signed at London on the nineteenth day of November, one thou- sand seven hundred and ninety-four, and shall be permanently binding; upon His Majesty and the United States. In witness whereof we, the said undersigned Plenipotentiaries of His Britannick Majesty and the United States of America, have signed this, present article, and have caused to be affixed thereto the seal of our arms. Done at London this fifteenth day of March, one thousand seven hun- dred and ninety-eight. GRENYILLE. RUPUS KING. L. S. L. S. Letter from Thomas Jefferson to George Hammond. Philadelphia, September 5, 1793. Sir : I am honored -with yours of August 30. Mine of the 7th of that month assured? you that measures were taken for excluding from all further asylum in our ports ves- sels armed in them to cruise on nations 'with which we are at 1 peace, and for the restor- ation of the prizes the Lovely Lass, Prince William Henry, and. the Jane of Dublin j and that should the measures for restitution fail in their effect, the President considered it as incumbent on the United States to make compensation for the vessels. We are bound by our treaties with three of the belligerent nations, by all the means, in our power, to protect and defend their vessels and effects in our ports, or waters, or on the seaB near our shores, and to recover and restore the same to the right owners, when taken from them. If all the means in our power are used, and fail in their effect,, we- are not bound by our treaties with those nations to make compensation. Though we have no similar treaty with Great Britain, it was the opinion of the Pres- ident that we should use towards that nation the same rule which, under this article,, was to govern us with the other nations ; and even to extend it to captures made on the high seas and brought into our ports, if done by vessels which had been armed within them. Having, for particular reasons, forbore to use all the means in our power for the res- titution of the three vessels mentioned in my letter of August 7th, the President thought it incumbent on the United States to make compensation for them ; and though nothing was said in that letter of other vessels taken under like circumstances, and brought in after the 5th of Juue, and before the date of that letter, yet when the samo forbearance had taken place, it was and is his opinion, that compensation would be= equally due. 336 TREATIES AND CONVENTIONS. As to prizes made under the same circumstances, and brought in after the date of that letter, the President determined that all the means in our power should be used for their restitution. If these fail, as -we should not be bound by our treaties to make compen- sation to the other Powers in the analogous case, he did not mean to give an opinion. that it ought to be done' to Great Britain. But still, if any cases shall arise subsequent to that date, the circumstances of which shall place them on similar ground with those before it, the President would think compensation equally incumbent on the United States. Instructions are given to the Governors of the different States to use all the means in their power for restoring prizes of this last description found within their ports. Though they will, of course, take measures to be informed of them, and the General Government has given them the aid of the custom-house officers for this purpose, yet you will be sensible of the importance of multiplying the channels of their information •as far as shall depend on yourself, or any person under your direction, in order that the Governors may use the means in their power for making restitution. t Without knowledge of the capture they cannot restore it. It will always be best to give the notice to them directly ; but any information which you shall be pleased to send to me, also, at any time, shall be forwarded to them as quickly as distance will permit. Hence you will perceive, sir, that the President contemplates restitution or compen- sation in the case before the 7th of August ; and after that date, restitution if it can be effected by any means in our power. And that it will be important that you should substantiate the fact that such prizes are in our ports or waters. Your list of the privateers illicitly armed in our ports is, I believe, correct. With respect to losses by detention, waste, spoliation sustained by vessels taken as before mentioned, between the dates of June 5th and August 7th, it is proposed as a provisional measure that the Collector of the Customs of the district, and. the British Consul, or any other person you please, shall appoint persons to establish the value of the vessel and cargo at the time of her capture and of her arrival in the port into which she is brought, according to their value in that port. If this shall be agreeable to you, aud you will be pleased to signify it to me, with the names of the prizes understood to be of this description, instructions will be given accordingly to the Collector of the Cnstoms where the respective vessels are. I have the honor to be, &c, TH: JEFFERSON. Geo : Hammond, Esq. GEEAT BEITAIN, 1802. CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN, CON- CLUDED JANUARY 8,1802; RATIFICATIONS EXCHANGED 15 JULY, 1802. Difficulties having arisen in the execution of the sixth article of the treaty of amity, commerce, and navigation, concluded at ? r r e ™t|'of i9th London on the fourth day of November, one thousand seven hundred and ninety-four, between His Britannic Majesty and the United States of America, and in consequence thereof the pro- ceedings of the Commissioners under the seventh article of the same treaty having been suspended, the parties to the said treaty being equally desirous, as far as may be, to obviate such difficulties, have re- spectively named Plenipotentiaries to treat and agree respecting the same, that is to say, His Britannic Majesty has named for his Pleni- potentiary, the Eight Honourable Eobert Banks Jenkmson, commonly called Lord Hawkesbury, one of His Majesty's Most Honourable Privy Council, and his Principal Secretary of State for Foreign Affairs ; and the President of the United States, by and with the advice and consent of the Senate thereof, has named for their Plenipotentiary, Eufus King, Esquire, Minister Plenipotentiary of the said United States to his Bri- tannic Majesty; who have agreed to and concludedjthe following articles : GREAT BRITAIN, 1802. 337 Article I. In satisfaction and discharge of the money which the United States might have been liable to pay in pursuance of the provisions The Ude of the said sixth article, which is hereby declared to be can- celled and annulled, except so far as the same may relate to the execu- tion of the said seventh article, the United States of America hereby engage to pay, and His Britannic Majesty consents to accept, for the use of the persons described in the said sixth article, the sum of six hun- dred thousand pounds sterling, payable at the times and place, and in the manner following, that is to say, the said sum of six hundred thou- sand pounds sterling shall be paid at the city of Washington, in three annual instalments of two hundred thousand pounds sterling each, and to such person or persons as shall be authorized by His Britannic Majesty to receive the same ; the first of the said instalments to be paid at the expiration of one year, the second instalment at the expiration of two years, and the third and last instalment at the expiration of three years next following the exchange of the ratifications of this convention. And to prevent any disagreement concerning the rate of exchanges, the said payments shall be made in the money of the said United States, reckoning four dollars and forty-four cents to be equal to one pound sterling. Article II. Whereas it is agreed by the fourth article of the definitive treaty of peace, concluded at Paris on the third day of September, The . one thousand seven hundred and eighty -three, between His ota2tSot%££ Britannic Majesty and the United States, that creditors on either side should meet with no lawful impediment to the recovery of the full value in sterling money of all bona fide debts theretofore con- tracted, it is hereby declared that the said fourth article, so far as re- spects its future operation, is hereby recognized, confirmed, and declared to be binding and obligatory on His Britannic Majesty and the said United States, and the same shall be accordingly observed with punc- tuality and good faith, and so as that the said creditors shall hereafter meet with no lawful impediment to the recovery of the full value in sterling money of their bona fide debts. Article III. It is furthermore agreed and concluded that the Commissioners ap- pointed in pursuance of the seventh article of the said treaty of amity, commerce, and navigation, and whose proceedings have been suspended as aforesaid, shall, immediately after the signature of this convention, re-assemble and proceed in the execution of their duties according to the provisions of the said seventh article, except only that, instead of the sums awarded by the said Commissioners being made payable at the time or times by them appointed, all sums of money by them awarded to be paid to American or British claimants, according to the provis- ions of the said seventh article, shall be made payable in three equal in- stalments, the first whereof to be paid at the expiration of one year, the second at the expiration of two years, and the third and last at the ex- piration of three years next after the exchange of the ratifications of this convention. 22 338 TREATIES AND CONVENTIONS. Article IV. This convention, when the same shall have been ratified by His Majesty, and by the President of the United States, by and imitations. with the advice and consent of the Senate thereof, and the respective ratifications duly exchanged, shall be binding and obligatory upon His Majesty and the said United States. In faith whereof we, the undersigned Plenipotentiaries of His Britannic Majesty and of the United States of America, by virtue of our respective full powers, have signed the present convention, and have caused the seals of our arms to be affixed thereto. Done at London the eighth day of January, one thousand eight hundred and two. HAWKESBUEY. BUFUS KING. L. S. L. S. GEEAT BBITAIN, 1814. TREATY OF PEACE AND AMITY BETWEEN HIS BRITANNIC MAJESTY AND THE UNITED STATES OF AMERICA. CONCLUDED DECEMBER 24, 1814; RAT- IFICATIONS EXCHANGED FEBRUARY 17, 1815 ; PROCLAIMED FEBRUARY 18, 1815. His Britannic Majesty and the United States of America, desirous of terminating the war which has unhappily subsisted between the two countries, and of restoring, upon principles of perfect reciprocity, peace, friendship, and good understanding between them, have, for that pur- pose, appointed their respective Plenipotentaries, that is to say : His Britannic Majesty, on his part, has appointed the Bight Honourable James Lord Gambier, late Admiral of the White, now Admiral of the Bed Squadron of His Majesty's fleet, Henry Goulburn, Esquire, a menj- ber of the Imperial Parliament, and Under Secretary of State, and Wil- liam Adams, Esquire, Doctor of Civil Laws ; and the President of the United States, by and with the advice and consent of the Senate thereof, has appointed John Quincy Adams, James A. Bayard, Henry Clay, Jonathan Bussell, and Albert Gallatin, citizens of the United States ; Who, after a reciprocal communication of their respective full powers, have agreed upon the following articles : Article I. There shall be a firm and universal peace between His Britannic k™, a ni> t,ire - British and Irish Channels, for the Gulf of Mexico, and all parts of the West Indies ; forty days for the North Seas, for the Baltic, and' for all parts of the Mediterranean : sixty days for the Atlantic Ocean south of the equator, as far as the latitude of the Gape of Good Hope ; ninety days for every other part of the world south of the equator; and one hundred and twenty days for all other parts of the world, without exception. Article III. All prisoners of war taken on either side, as well by land as by sea, shall be restored as soon as practicable after the ratinca- p rl „ oner , ofwar tions of this treaty, as hereinafter mentioned, on their pay- ing the debts which they may have contracted during their- captivity. The two contracting parties respectively engage to discharge, in specie, the advances which may have been made by the other for the suste- nance and maintenance of such prisoners. Article IV. Whereas it was stipulated by the second article in the treaty of peace of one thousand seven hundred and eighty three, between Boundarr e8tab _ His Britannic Majesty and the United States of America, n^by u> e treaty that the boundary of the United States should comprehend ° all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries, between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of 340 TREATIES AND CONVENTIONS. Fundy and the Atlantic Ocean, excepting such islands as now are, or heretofore have been, within the limits of Nova Scotia ; and whereas the several islands in the Bay of Passamaquoddy, which is part of the Bay of Fundy, and the Island of Grand Menan, in the said Bay of Fundy, are claimed by the United States as being comprehended within their aforesaid boundaries, which said islands are claimed as belonging to His Britannic Majesty, as having been, at the time of and previous to the aforesaid treaty of one thousand seven hundred and eighty -three, within the limits of the Province of Nova Scotia: In order, therefore, finally to decide upon these claims, it is agreed that they shall Appointment of be referred to two Commissioners to be appointed in the commissioners. following manner, viz : One Commissioner shall be appointed by His Britannic Majesty,, and one by the President of the United States, by and with the advice and consent of the Senate thereof: and the said two Commissioners so appointed shall be sworn impartially to , examine and decide upon the said claims according to such evidence as shall be laid before them on the part of His Britannic Majesty and of Meetin ? or the the United States respectively. The said Commissioners commissioner.. shall meet at St. Andrews, in the Province of New Bruns- wick, and shall have power to adjournto such other place or places as they shall think fit. The said Commissioners shall, by a declaration or report under their hands and seals, decide to which of the two contract: ing parties the several islands aforesaid do respectively belong, in con- formity with the true intent of the said treaty of peace of one thousand seven hundred and eighty-three. And if the said Commissioners shall agree in their decision, both parties shall consider such decision as final and conclusive. It is further agreed that, in the event of the two Com- i» » of disa m i ss i° ners differing upon all or any of the matters so re- BreemwfofcommS- ferred to them, or in the event of both or either of the said Commissioners refusing, or declining, or wilfully omitting to act as such, they shall make, jointly or separately, a report or re- ports, as well to the Government of His Britannic Majesty as to that of. the United States, stating in detail the points on which they differ, and the grounds upon which their respective opinions have been formed, or the grounds upon which they, or either of them, have so refused, de- clined, or omitted to act. And His Britannic Majesty and the Govern- ment of the United States hereby agree to refer the report or reports of the said Commissioners to some friendly sovereign or State, to be then named for that purpose, and who shall be requested to decide on the differences which may be stated in the said report or reports, or upon the report of one Commissioner, together with the grounds upon which the other Commissioner shall have refused, declined, or omitted to act, as the case may be. And if the Commissioner so refusing, declin- ing, or omitting to act, shall also wilfully omit to state the grounds upon which he has so done, in such manner that the ^said statement may be referred to such friendly sovereign or State, together with the Referee ton report of such other Commissioner, then such sovereign or fri^iy Powe, state shall decide ex parte upon the said report alone. And His Britannic Majesty and the Government of the United States en- gage to consider the decision of such friendly sovereign or State to be final and conclusive on all the matters so referred. Article V. Whereas neither that point of the highlands lying due north from co mrai8sio „ rB to the source of the river St. Croix, and designated in the former ^bonnd.r.e,. ^g^y of peace between the two Powers as the northwest GREAT BRITAIN, 1814. 341 angle of Nova Scotia, nor the northwestern most head of Connecticut River, has yet been ascertained; and whereas that part of the boundary line between the dominions of the two Powers which extends from the source of the river St. Croix directly north to the abovementioned north- west angle of Nova Scotia, thence along the said highlands which di- vide those rivers that empty themselves into the river St. Lawrence from those which fall into the Atlantic Ocean to the northwesternmost head of Connecticut Eiver, thence down along the middle of that river to the forty -fifth degree of north latitude ; thence by a line due west on said latitude until it strikes the river Iroquois or Cataraquy, has not yet been surveyed : it is agreed that for these several purposes two Com- missioners shall be appointed, sworn, and authorized to act exactly in the' manner directed with respect to those mentioned in the next pre- ceding article, unless otherwise specified in the present article. The said Commissioners shall meet at St. Andrews, in the oJSiSwVramE Province of New Brunswick, and shall have power to ad- journ to such bther place or places as they shall think fit. The said Commissioners shall have power to ascertain and determine the points above mentioned, in conformity with the provisions of the said treaty of peace of one thousand seven hundred and eighty-three, and shall' cause the boundary aforesaid, from the source of the river St. Croix to the river Iroquois or Cataraquy, to be surveyed and marked according to the said provisions. The said Commissioners shall make a map of the said boundary, and annex to it a declaration under their hands and seals, certifying it to be the true map of the said boundary, and particular- izing the latitude and longitude of the northwest angle of Nova Scotia, of the northwesternmost head of Connecticut Eiver, and of such other points of the said boundary as they may deem proper. And both parties agree to consider such map and declaration as finally and conclusively fixing the said boundary. And in the event of the said two c ^ Commissioners differing, or both or either of them refus- ing, declining, or wilfully omitting to act, such reports, declarations, or statements shall be made by them, or either of them, and such refer- ence to a friendly sovereign or State shall be made in all respects as in the latter part of the fourth article is contained, and in as full a manner as if the same was herein -repeated. Article VI. Whereas by the former treaty of peace that portion of the boundary of the United States from the point where the forty-fifth Doubts as to the degree of north latitude strikes the river Iroquois or Cata- b ™f;f t £'°lv faquy to the Lake Superior, was declared to be " along the office "fn^a middle of said river into Lake Ontario, through the middle of said lake, until it strikes the communication by water between that lake and Lake Erie, thence along the middle of said communication into Lake Erie, through the middle of said lake until it arrives at the water communication into the Lake Huron, thence through the middle of said lake to the water communication between that lake and Lake Superior;" and whereas doubts have arisen what was the middle of the said river, lakes, and water communications, and whether certain islands lying in the same were within the dominions of His Britannic Majesty or of the United States : In order, therefore, finally to decide these doubts, they shall be referred to two Commissioners, to be appointed, sworn, and authorized to act exactly in the manner directed with respect to those mentioned in the next preceding article, unless otherwise specified in this present 342 TREATIES AND CONVENTIONS. M=eti„ 8 ™ e commence- -,. i • i i • i j_i ■'/■ j?j_i ment of the war. ceding articles, which were in the possession or one of the parties prior to the commencement of the present war between the two countries, should, by the decision of any of the boards of Commission- ers aforesaid, or of the sovereign or State so referred to, as in the four next preceding articles contained, fall within the dominions of the other party, all grants of land made previous to the commencement of the war, by the party having had such possession, shall be as valid as if such island or islands had, by such decision or decisions, been adjudged to be within the dominions of the party having had such possession. Article IX. The United States of America engage to put an end, immediately after the ratification of the present treaty, to hostilities with K atiflcatio „ of the all the tribes or nations of Indians with whom they may be InJi ™ treaty - at war at the time of such ratification ; and forthwith to restore to sucb tribes or nations, respectively, all the possessions, rights, and privileges which they may have enjoyed or been entitled to in one thousand eight hundred and eleven, previous to such hostilities : Provided always that such tribes or nations shall agree to desist from all hostilities against the United States of America, their citizens and subjects, upon the ratifi- cation of the present treaty being notified to such tribes or nations, and shall so desist accordingly. And His Britannic Majesty engages, on his part, to put an end immediately after the ratification of the present treaty, to hostilities with all the tribes or nations of Indians with whom he may be at war at the time of such ratification, and forthwith to re- store to such tribes or nations respectively all the possessions, rights, 'and privileges which they may have enjoyed or been entitled to in one thousand eight hundred and eleven, previous to such hostilities : Pro- vided always that such tribes or nations shall agree to desist from all hostilities against His Britannic Majesty, and his subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly. Article X. Whereas the traffic in slaves is irreconcileable with the principles of humanity and justice, and whereas both His Majesty and Abolit io» »r the the United States are desirous of continuing their efforts to • 1 " etrafe promote its entire abolition, it is hereby agreed that both the contract- ing parties shall use their best endeavours to accomplish so desirable an object. 344 TREATIES AND CONVENTIONS. Article XI. This treaty, when the same shall have been ratified on both sides, without alteration by either of the contracting parties, and biS'SmtK the ratifications mutually exchanged,- shall be binding on cations e»cha ne =d. both partieS) ancl tne ratifications shall be exchanged at Washington, in the space of four months from this day, or sooner if practicable. In faith whereof we, the respective Plenipotentiaries, have signed this treaty, and have thereunto affixed our seals. Done, in triplicate, at Ghent, the twenty-fourth day of December, one thousand eight hundred and fourteen. GAMBIER. HENRY GOULBURN. WILLIAM ADAMS. JOHN QUINCY ADAMS. J. A. BAYARD. H. CLAY. JONA. RUSSELL. ALBERT GALLATIN. L. S. L. s.' L. s.' L. s.' L. s.' L. s.' L. L. s.' s.' GREAT BRITAIN, 1815. A CONVENTION TO EEGULATE THE. COMMEECE BETWEEN THE TEEKI- TOEIES OP THE UNITED STATES AND OF HIS BEITANNICK MAJESTY. CONCLUDED JULY 3, 1815 ; EATIFICATIONS EXCHANGED DECEMBEE 22, 1815. The United States of America and His Britannick Majesty being de- sirous, by a convention, to regulate the commerce and navigation between their respective countries, territories, and people, in such a manner as to render the same reciprocally beneficial and satisfactory, have respectively named Plenipotentiaries, and given them full pow- ers to treat of and conclude such convention, that is to say : The President of the United States, by and with the advice and con- sent of the Senate thereof, hath appointed for their Plenipotentiaries John Quincy Adams, Henry Clay, and Albert Gallatin, citizens of the United States ; and His Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty, has named for his Plenipoten- tiaries the Right Honourable Frederick John Robinson, Vice-President of the Committee of Privy Council for Trade and Plantations, Joint Pay- master of His Majesty's Forces, and a member of the Imperial Parlia- ment, Henry Goulbourn, Esquire, a member of the Imperial Parliament, and Under Secretary ot State, and William Adams, Esquire, Doctor of Civil Laws ; And the said Plenipotentiaries, having mutually produced and sbown their said full powers, and exchanged copies of the same, have agreed on and concluded the following articles, videlicet : Article I. There shall be between the territories of the United States of Amer- Rodppoci lii^u ica, and all the territories of His Britannick Majesty in or =o„™. TO . Europe, a reciprocal liberty of commerce. The inhabitants of the two countries, respectively, shall have liberty freely and securely GREAT BRITAIN, 1815. 345 to come with their ships and cargoes to all such places, ports, and rivers, in the territories aforesaid, to which other foreigners are per- mitted to come, to enter into the same, and to remain and reside in any parts of tbe said territories, respectively ; also to hire and occupy houses and warehouses for the purposes of their commerce; and, gen- erally, the merchants and traders of each nation respectively shall enjoy the most complete protection and security for their commerce, but subject always to the laws and statutes of the two countries, re- spectively. Article II. No higher or other duties shall be imposed on the importation into the United States of any articles the growth, produce, or Duti( , 3 onprodnc . manufacture of His Britannick Majesty's territories in &«»<**«*> «"•**&■ Europe, and no higher or other duties shall be imposed on the importa- tion into the territories of His Britannick Majesty in Europe of any arti- cles the growth, produce, or manufacture of the United States, than are or shall be payable on the like articles being the growth, produce, or manufacture of any other foreign country ; nor shall any higher or other duties or charges be imposed in either of the two countries, on the exportation of any articles to the United States, or to His Britannick Majesty's territories in Europe, respectively, than such as are payable on the exportation of the like articles to any other foreign country ; nor shall any prohibition be imposed on the exportation or importation of any articles the growth, produce, or manufacture of the United States, or of His Britannick Majesty's territories in Europe, to or from the said territories of His Britannick Majesty in Europe,- or to or from the said United States, which shall not equally extend to all other nations. No higher or other duties or charges shall be imposed in any of the ports of the United States on British vessels than those ofdut . es payable in the same ports by vessels of the United States; E, " a1 ' nor in the ports of any of His Britannick Majesty's territories in Europe on the vessels of the United States than shall be payable in the same ports on British vessels. The same duties shall be paid on the importation into the United States of any articles the growth, produce, or manufacture Dutie3 on prodU( .. of His Britannick Majesty's territories in Europe, whether ti ""- such importation shall be in vessels of the United States or in British vessels, and the same duties shall be paid on the importation into the ports of any of His Britannick Majesty's territories in Europe, of any article the growth, produce, or manufacture of the United States, whether such importation shall be in British vessels or in vessels of the United States. The same duties shall be paid, and the same bounties allowed, on the exportation of any articles the growth, produce, or nianu- E , ua iit y or dune*,, facture of His Britannick Majesty's territories in Europe to * c - the United States, whether such exportation shall be in vessels of the United States or in British vessels ; and the same duties shall be paid, and the same bounties allowed, on the exportation of any articles the growth, produce, or manufacture of the United States, to His Britan- nick Majesty's territories in Europe, whether such exportation shall be in British vessels or in vessels of the United 1 States. It is further agreed that in all cases where drawbacks are or may be allowed upon the re-exportation of any goods the DnwbackstheBame growth, produce, or manufacture of either country, respect- ively, the amount of the said drawbacks shall be the same, whether the 346 TREATIES AND CONVENTIONS. said goods shall have been originally imported in a British or an Amer- ican vessel ; but when such re-exportation shall take place from the United States in a British vessel, or from the territories of His Britan- nick Majesty in Europe in an American vessel, to any other foreign nation, the two contracting parties reserve ,i j? ma? touch for re for refreshment, but not for commerce, in the course of their voyage to or from the British territories in India, or to or from the dominions of the Emperor of China, at the Cape of Good Hope, the island of St. Helena,(a) or such other places as may be in the possession of Great Britain, in the African or Indian seas ; it being well understood that in all that regards this article the citizens of the United States shall be subject, in all respects, to the laws and regula- tions of the British Government from time to time established. (a) " Declaration " at the end of this convention. GREAT BRITAIN, 1815. 347, Article IV. It shall be free for each of the two contracting parties, respectively, to appoint Consuls for the protection of trade, to reside in the dominions and territories of the other party ; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent ; and it is hereby declared that, in case of illegal or improper conduct towards h„„ they may be the laws or Government of the country to which h'e is sent, *™ iM - such. Consul may either be punished according to law, if the laws will reach the case, or be sent back, the offended Government assigning to the other the reasons for the same. It is hereby declared that either of the contracting parties may ex- cept from the residence of Consuls such particular places Particular places ■t j_iti'1/ij_j_i j.1 '~ excepted from the as such party shall judge fit to be so excepted. residence of consul.. Article V. ■ This convention, when the same shall have been duly ratified by the President of the United States, by and with the advice and Th . B . n consent of their Senate, and by His Britannick Majesty, and beobligXy "SoS the respective ratifications mutually exchanged, shall be yt binding and obligatory on the said United States and His Majesty for four years from the date of its signature ;(a) and the ratifi- Excise of ratifi- cations shall be exchanged in six months from this time, or cati °" s ' sooner if possible. Done at London this third day of July, in the year of our Lord one thousand eight hundred and fifteen. JOHN QUINCY ADAMS. H. CLAY. ALBEET GALLATIN. FREDERICK JOHN BOBINSON. HENBY GOULBUBN. WILLIAM ADAMS. DECLAEATION. The undersigned, His Britannick Majesty's Charge" d'Affaires in the United States of America, is commanded by His Royal High- Deola raiionof2iti. ness the Prince Regent, acting in the name and on the be- Nov - 1815 half of His Majesty, to explain and declare, upon the exchange of the ratifications of the convention concluded at London on the third of July of the present year, for regulating the commerce and navigation between the two countries, that, in consequence of events which have happened in Europe subsequent to the signature of the convention aforesaid, it has been deemed expedient, and determined, in conjunction" with the allied sovereigns, that St. Helena shall be the place allotted for the future residence of General Napoleon Bonaparte, under such regulations as may be necessary for the perfect security of his person ; and it has been resolved, for that purpose, that all ships A11 ves9Bl8 e!icept and vessels whatever, as well British ships and vessels as j™ "JJ"^. others, excepting only ships belonging to the East India ciuded^romapprwch. Company, shall be excluded from all communication with, or approach to, that island. (a) Continued for ten years by the fourth article of the convention of London of 20th October, 1818. ,348 TREATIES AND CONVENTIONS. It has therefore become impossible to comply with so much of the third article of the treaty as relates to the liberty of touching for re- freshment at the island of St. Helena, and the ratifications of the said treaty will be exchanged under the explicit declaration and understand- ing that the vessels of the United States cannot be allowed to touch at, or hold any communication whatever with, the said island, so long as the said island sball continue to be the place of residence of the said Napoleon Bonaparte.(tt) ANTHONY ST. JNO. BAKEE. Washington, November 24, 1815. ARRANGEMENT BETWEEN THE UNITED STATES AND GREAT BRITAIN, MADE BY EICHAED BUSH, ESQ., ACTING AS SECEETAEY OF THE DEPAETMENT OF STATE, AND CHAELES BAGOT, HIS BEITANNIC MAJ- ESTY'S ENVOY EXTRAORDINARY, &c. CONCLUDED APRIL 28, 1817. The naval force to be maintained upon the American lakes by His proclamation of Majesty and the Government of the United States shall umtt™sitt.°i,rii henceforth be confined to the following vessels on each side ; 28, 1818. ' that ig _ On Lake Ontario, to one vessel not exceeding one hundred tons bur- then, and armed with one eighteen-pound cannon. On the upper lakes, to two vessels, not exceeding like burthen each, and armed with like force. On the waters of Lake Ohamplain, to one vessel not exceeding like Navai force on the burthen, and armed with like force. kke> - All other armed vessels on these lakes shall be forthwith dismantled, and no other vessels of war shall be there built or armed. If either party should hereafter be desirous of annulling this stipula- sti Nation ma ^ on ! ail d should give notice to that effect to the other party,- cease o'i BiSfmontS it shall cease to be binding after the expiration of six months from the date of such notice. The naval force so to be limited shall be restricted to such services as Navai force w *^> * n n0 res P ect ) interfere with the proper duties of the armed vessels of the other party. DECLAEATION OF THE COMMISSIONERS UNDEE THE FOURTH ARTICLE OF THE TREATY OF GHENT. NOVEMBER 24, 1817. New York, November 24, 1817. Sir : The undersigned Commissioners, appointed by virtue of the •Declaration of the fourth article of the treaty of Ghent, have attended to the IZla»rtr r u.e* c r duties assigned them ; and have decided that Moose Island, decision. Dudley Island, and Frederick Island, in the Bay of Passa- maquoddy, which is part of the Bay of Fundy, do each of them belong to the United States of America ; and that all the other islands in the Bay of Passarnaquoddy, and the Island of Grand Menan, in the Bay of Pundy, do each of them belong to His Britannic Majesty, in conformity with the true intent of the second article of the treaty of peace of one thousand seven hundred and eighty-three. The Commissioners have the honor to enclose herewith their decision. (") I n consequence of the death of Napoleon Bonaparte, the British Government notihed the Minister of the United States at London of the cessation of this restriction, on the 30th July, 1821. GREAT BRITAIN, 1817. 349 In making this decision it became necessary that each of the Com- missioners should yield a part of his individual opinion. Several reasons induced them to adopt this measure ; one of which was the impression and belief that the navigable waters of the Bay of Passamaquoddy, which, by the treaty of Ghent, is said to be part of the Bay of Fundy, are common to both parties for the purpose 'of all lawful and direct communication with their own territories and foreign ports. The undersigned have the honor to be, with perfect respect, sir, your obedient and humble servants, J. HOLMES. THO. BABCLAY. The Hon. John Quincy Adams, Secretary of State. DECISION OF THE COMMISSIONERS UNDER THE FOURTH ARTICLE OF THE TREATY OF GHENT. NOVEMBER 24, 1817. By Thomas Barclay and John Holmes, Esquires, Commissioners, ap- pointed by virtue of the fourth article of the treaty of peace De and amity' between His Britannic Majesty and the United commSner°«nde? States of America, concluded at Ghent on the twenty-fourth treaty oreS.' ' day of December, one thousand eight hundred and fourteen, k« m, m*. Nove °" to decide to which of the two contracting parties to the said treaty the several islands in the Bay of Passamaquoddy, which is part of the Bay of Fundy, and the Island of Grand Menan, in the said Bay of Fundy, do respectively belong, in conformity with the true intent of the second article of the treaty of peace of one thousand seven hundred and eighty-three, between his said Britannic Majesty and the aforesaid United States of America. We, the said Thomas Barclay and John Holmes, Commissioners as aforesaid, having been duly sworn impartially to examine and decide upon the said claims according to such evidence as should be laid be- fore us on the part of His Britannic Majesty and the United States, re- spectively, have decided, and do decide, that Moose Island, Dudley Island, and Frederick Island, in the Bay of Passa- M °° 8eIsland ' &c - maquoddy, which is part of the Bay of Fundy, do, and each of them does, belong to the United States of America ; and we have also de- cided, and do decide, that all the other islands, and each ther and every of them, in the said Bay of Passamaquoddy, which is part of the Bay of Fundy, and the Island of Grand Menan, in the said Bay of Fundy, do belong to his said Britannic Majesty, in conformity with the true intent of the said second article of said treaty of one thou- sand seven hundred and eighty-three. In faith and testimony whereof we have set our hands and affixed our seals, at the city of New York, in the State of New York, in the United States of America, this twenty-fourth day of November, in the year of our Lord one thousand eight hundred and seventeen. JOHN HOLMES, [L. s. THO. BAECLAY. [l. s. Witness : James T. Austin, Agt. U. S. A. Anth : BARCLAY, Sec'y, 350 • TREATIES AND CONVENTIONS. GEEAT BRITAIN, 1818. I CONVENTION WITH GEEAT BRITAIN. CONCLUDED OCTOBER 20, 1818 ; RAT- IFICATIONS EXCHANGED JANUARY 30, 1819. The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, desirous to cement the good understanding which happily subsists between them, have, for that purpose, named their respective Plenipotentiaries, that is to say : The President of the United States, on his part, has appointed Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiary to the Court of France, and Richard Rush, their Envoy Extraordinary and Minister Plenipotentiary to the Court of His Britannic Majesty; and His Majesty has appointed the Right Honorable Frederick John Rob- inson, Treasurer of His Majesty's Navy and President of the Committee of Privy Council for Trade and Plantations, and Henry Goulburn, Esq., one of His Majesty's Under Secretaries of State ; Who, after having exchanged their respective full powers, found to f„ii powers «- be in due and proper form, have agreed to and concluded changed. ^he following articles : Article I. Whereas differences have arisen respecting the liberty claimed by the Definition of the United States, for the inhabitants thereof, to take, dry, and extra "of on the com 8 cure fish on certain coasts, bays, harbours, and creeks of His Britannic Majesty's dominions in America, it is agreed be- tween the high contracting parties that, the inhabitants of the said United States shall have forever, in common with the subjects of His Britannic Majesty, the liberty to take fish of every kind on that part of the south- ern coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the western and northern coast of Newfoundland ; from the said Cape Ray to the Quirpou Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours, and creeks, from Mount Joly, on the southern coast of Labrador, to and through the Streights of Belleisle, and thence northwardly indefinitely along the coast, with- H„dso„ Bo? con,, out prejudice, however, to any of the exclusive rights of the wny - Hudson Bay Company : And that the American fishermen shall also have liberty forever to dry and cure fish in any of the unset- tled bays, harbours, and creeks of the southern part of the coast of New- foundland, hereabove described, and of the coast of Labrador ; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so set- tled without previous agreement for such purpose with the inhabitants, proprietors, or possessors of the ground. And the United States hereby Kennnciation by renounce forever any liberty heretofore enjoyed or claimed E'SEEmK.™ by the inhabitants thereof to take, dry, or cure fish on or within three marine miles of any of the coasts, bays, creeks, or harbours of His Britannic Majesty's dominions in America not in- cluded within the abovementioned limits : Provided, however,- that the American fishermen shall be admitted to enter such bays or har- bours for the purpose of shelter and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be neces- GREAT BRITAIN, 1818. 351 sary to prevent their taking, drying, or curing fish therein, or in any other manner whatever abusing the privileges hereby reserved to them. Article II. It is agreed that a line drawn from the most northwestern point of the Lake of the Woods along the forty-ninth parallel of Deitalti() „ „ f lhe north latitude, or if the said point shall not be in the forty- ^tfcmtedTtS ninth parallel of north latitude, then that a line drawn from w^toSesLw the said point due north or south, as the case may be, until NmM ^^- the said line shall intersect the said parallel of north latitude, and from the point of such intersection due west along and with the said parallel, shall be the line of demarcation between the territories of the United States and those of His Britannic Majesty, and that the said line shall form the northern boundary of the said territories of the United States, and the southern boundary of the territories of His Britannic. Majesty, from the Lake of the Woods to the Stony Mountains. Article III. It is agreed that any country that may be claimed by either party on the northwest coast of America, westward of the Stony C( , mitry cW[metl Mountains, shall, together with its harbours, bays, and ^^SlhTSy creeks, and the navigation of all rivers within the same, be MountaiM - free and open for the term of ten years from the date of the signature of the present convention to the vessels, citizens, and subjects of the two Powers; it being well understood that this agreement is not to be construed to the prejudice of any claim which either of the two high contracting parties may have to any part of the said country, nor shall it be taken to affect the claims of any other Power or State to any part of the said country ; the only object of the high contracting parties, in that respect, being to prevent disputes and differences amongst them- selves. Article IV. All the provisions of the convention " to regulate the commerce be- tween the territories of the United States and of His Bri- Co „ vmti0 n „, „. tannic Majesty," concluded at London on the third day of ^""t; T» July, iu the year of our Lord one thousand eight hundred yeara and fifteen, with the exception of the clause which limited its duration to four years, and excepting, also, so far as the same was affected by the declaration of His Majesty respecting the island of St. Helena, are hereby extended and continued in force for the term of ten years from the date of the signature of the present convention, in the same manner as if all the provisions of the said convention were herein specially recited. Article V. Whereas it was agreed by the first article of the treaty of Ghent that " all territory, places, and possessions whatsoever taken by Keference [o l8t either party from the other during the war, or which may ^ °f t re »w or be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruction, or carrying away any of the artillery or other public property originally captured in the said forts or places, Differences grow ing out of the ior slaves. 352 TREATIES AND CONVENTIONS. which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves, or other private property ;" and whereas under ckim to slaves the aforesaid article the United States claim for their citi- Sft^'tr'f,?"'* zeus, and as their private property, the restitution of or Ghent. . fuLl compensation for all slaves who, at the date of the ex- change of the ratifications of the said treaty, were in any territory,, places, or possessions whatsoever, directed by the said treaty to be re- stored to the United States, but then still occupied by the British forces, whether such slaves were, at the date aforesaid, on shore, or on board any British vessel lying in waters within the territory or jurisdiction of the United States ; and whereas differences have arisen whether, Sail by the true intent and meaning of the aforesaid article of the treaty of Ghent, the United States are entitled to the resti- tution of or full compensation for all or any slaves as above described, the high contracting parties hereby agree to refer the said differences to some friendly sovereign or State, to be named for that purpose; and the high contracting parties further engage to consider the decision of such friendly sovereign or State to be final and conclusive on all the matters referred. Article VI. This convention, when the same shall have been duly ratified by the tus convention President of the United States, by and with the advice and cE5e°'or°p"atific£ consent of their Senate, and by His Britannic Majesty and tio °'- the respective ratifications mutually exchanged, shall be binding and obligatory on the said United States and on His Majesty; and the ratifications shall be exchanged in six months from this date, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have thereunto affixed the seal of their arms. Done at London this twentieth day of October, in the year of our Lord one thousand eight hundred and eighteen. ALBERT GALLATIN. RICHABD BUSH. FBEDEEIOK JOHN" BOBINSON. HENBY GOULBUEN. L. S. L. S.' L. S.' L. S.' DECISION OF THE COMMISSIONERS UNDER THE SIXTH ARTICLE OF THE TREATY OF GHENT. DONE AT UTICA, IN THE STATE OF NEW YORK, 18th JUNE, 1822. The undersigned Commissioners, appointed, sworn, and authorized, uonndaryofuniteii in virtue of the sixth article of the treaty of peace and amity state.. between His Britannic Majesty and the United States of America, concluded at Ghent, ou the twenty-fourth day of December, in the year of our Lord one thousand eight hundred and fourteen, impar- tially to examine, and, by a report or declaration, under their hands and seals, to designate " that portion of the boundary of the United States from the point where the 45th degree of north latitude strikes the river Iroquois or Cataraqua, along the middle of said river into Lake Ontario, through the middle of said lake until it strikes the communication, by water, between that lake and Lake Erie ; thence, along the middle of said communication, into Lake Erie, through the middle of said lake, until it arrives at the water communication into Lake Huron ; thence, GREAT BRITAIN, 1822. 353 through the middle of said water communication, into Lake Huron ; thence, through the middle of said lake, to the water communication between that lake and Lake Superior ;" and to " decide to which of the two contracting parties the several islands, lying within the said rivers, lakes, and water communications, do respectively belong, in conformity with the true intent of the treaty of 1783:" Do decide and declare, that the following described line, (which is more clearly indi- cated on a series of maps accompanying this report, exhibiting correct surveys and delineations of all the rivers, lakes, water communications, and islands, em braced by the sixth article of the treaty of Ghent, by a black line shaded on the British side with red, and on the American side with blue ; and each sheet of which series of maps is identified by a certificate, subscribed by the Commissioners, and by the two principal surveyors employed by them,) is the true boundary intended by the two before- mentioned treaties, that is to say : Beginning at a stone monument, erected by Andrew Ellicott, Esquire,, in the year of our Lord one thousand eight hundred and , ,, ,, , , -. "« ,. . -, Description of the seventeen, on the south bank, or shore, of the said river boundary or the Iroquois or Cataraqua, (now called the St. Lawrence,) which monument bears south seventy-four degrees and forty-five minutes west, and is eighteen hundred and forty yards distant from the stone church in the Indian village of St. Begis, and indicates the point at which the forty-fifth parallel of north latitude strikes the said river ; thence, running north thirty-five degrees and forty-five minutes west, into the river, on a line at right angles with the southern shore, to a point one hundred yards south of the opposite island, called Cornwall Island; thence, turning westerly, and passing around the southern and western sides of said island, keeping one hundred yards distant therefrom, and following the curvatures of its shores to a point opposite to the northwest corner, or angle, of said island ; thence to and along the middle of the main river, until it approaches the eastern extremity of Barnhart's Island ; thence north- erly, along the channel which divides the last-mentioned island from the Canada shore, keeping one hundred yards distant from the island, until it approaches Sheik's Island; thence along the middle of the strait which divides Barnhart's and Sheik's islands, to the channel called the Long Sault, which separates the two last mention6d islands from the Lower Long Sault Island; thence westerly (crossing the centre of the last mentioned channel) until it approaches within one hundred yards of the nortb shore of the Lower Sault Island; thence up the north branch of the river, keeping to the north of, and near, the Lower Sault Island, and also north of, and near, the Upper Sault (sometimes called Baxter's) Island, and south of the two small islands, marked on the map A and B, to the western extremity of the Upper Sault, or Baxter's Island ; thence passing between the two islands called the Cats, to the middle of the river above ; thence along the middle of the river, keeping to the north •of the small islands marked C and D ; and north also of Chrystler's Island and of the small island next above it, marked E, until it. ap- proaches the northeast angle of Goose Neck Island ; thence along the passage which divides the last-mentioned island from the Canada shore, keeping one hundred yards from the island, to the upper end of the same ; thence south of, and near, the two small islands called the Nut Islands; thence north of, and near, the island marked P, and also of the island called Dry or Smuggler's Island ; thence passing between the islands marked G a'nd H, to the north of the island called Isle au Bapid Plat; thence along the north side of the last-mentioned island, keeping one 23 354 TREATIES AND CONVENTIONS. lmndred yards from the shore to the upper end thereof; thence along the middle of the river, keeping to the south of, and near, the islands called Cousson (or Tussin) and Presque Isle ; thence up the river, keep- ing north of, and near, the several Gallop Isles, numbered on the map, 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, and also of Tick, Tibbet's, and Chimney Islands ; and south of, and near, the Gallop Isles, numbered 11, 12, and 13, and also of Duck, Drumrnond, and Sheep Islands; thence along the middle of the river, passing north of island No. 14, south of 15, and 16, north of 17, south of 18, 19, 20, 21, 22, 23, 24, 25, and 28, and north of 26, and 27 ; thence along the middle of the river, north of Gull Island, and of the islands No. 29, 32, 33, 34, 35, Bluff Island, and No. 39, 44, and 45, and to the south of No. 30, 31, 36, Grenadier Island, and No. 37, 38, 40, 41, 42, 43, 46, 47, and 48, until it approaches the east end of Well's Island ; thence to the north of Well's Island, and along the strait which divides it from Rowe's Island, keeping to the north of the small islands No. 51, 52, 54, 58, 59, and 61, and to the south of the small islands num- bered and marked 49, 50, 53, 55, 57, 60, and X, until it approaches the northeast point of Grindstone Island ; thence to the north of Grindstone Island, and keeping to the north also of the small islands, No. 63, 65, 67, 68, 70, 72, 73, 74, 75, 76, 77, and 78, and to the south of No. 62, 64, 66, 69, and 71, until it approaches the southern point of Hickory Island; thence passing to the south of Hickory Island, and of the two small islands lying near its southern extremity, numbered 79 and 80 ; thence to the south of Grand or Long Island, keeping near its southern shore, and passing to the north of Carlton Island, until it arrives opposite to the southwestern point of said Grand Island in Lake Ontario ; thence passing to the* north of Grenadier, Fox, Stony, and the Gallop Islands in Lake Ontario, and to the south of, and near, the islands called the Ducks, to the middle of the said lake ; thence westerly, along the middle of said lake, to a point opposite the mouth of the Niagara River ; thence to and up the middle of the said river to the Great Falls ; thence up the Falls, through the point of the Horse Shoe, keeping to the west of Iris or Goat Island, and of the group of small islands at its head, and'follow- ing the bends of the river so as to enter the strait between Navy and Grand Islands; thence along the middle of said strait to the head of Navy Island ; thence to the west and south of, and near to, Grand and • Beaver Islands, and to the west of Strawberry, Squaw, and Bird Islands r to Lake Erie ; thence southerly and westerly, along the middle of Lake Erie, in a direction to enter the passage immediately south of Middle Island, being one of the easternmost of the groqf» of islands lying in the western part of said lake; thence altfug the said passage, proceeding to the north of Cunningham's Island, of the three Bass Islands, and of the Western Sister, and to the south of the islands called the Hen and Chick- ens, and of the Eastern and Middle Sisters; thence to the middle of the mouth of the Detroit River, in a- direction to enter the channel which divides Bois-Blanc and Sugar Islands; thence up the said channel to the westofBois-Blanc Island, and to the east of Sugar, Fox, and Stony Islands, until it approaches Fighting or Great Turkey Island ; thence along the western side, and near the shore of said last-mentioned island, to the middle of the river above the same ; thence along the middle of said river, keeping to the southeast of, and near, Hog Island, and to the north- west of, and near, the island called Isle a la Pache, to Lake St. Clair; thence through the middle of said lake, in a direction to enter that mouth or channel of the river St. Clair, which is usually denominated the Old Ship Channel ; thence along the middle of said channel, between Squirrel Island on the southeast, and Herson's Island on the northwest, GREAT BRITAIN, 1822. 3"55 to the upper end of the last-mentioned island, which is nearly opposite to Point aux Chenes, on the American shore; thence along the middle of the river St. Clair, keeping to the west of, and near, the islands called Belle Biviere Isle, and Isle aux Cerfs, to Lake Huron ; thence through the middle of Lake Huron, in a direction to enter the strait or passage between Drummond's Island on the west, and the Little Manitou Island on the east ; thence through the middle of the passage which divides the two last-mentioned islands ; thence turning northerly and westerly, around the eastern and northern shores of Drummond's Island, and pro- ceeding in a direction to euter the passage between the Island of St. Joseph's and the American shore, passing to the north of the interme- diate islands No. 61, 11, 10, 12, 9, 6, 4, and 2, and to the south of those numbered 15, 13, 5, and 1 ; thence up the said last-mentioned passage, keeping near to the island St. Joseph's, and passing to the north and east of Isle a la Crosse, and of the small islands numbered 16, 17, 18, 19, and 20, and to the south and west of those numbered 21, 22, and 23, until it strikes a line (drawn on the map with black ink and shaded on one side of the point of intersection with blue, and on the other with red,) pass- ing across the river at the head of St. Joseph's Island, and at the foot of the Neebish Eapids, which line denotes the termination of the boundary directed to be run by the sixth article of the treaty of Ghent. And the said Commissioners do further decide and declare, that all the islands lying in the rivers, lakes, and water communica- tions, between the before-described boundary-line and the adjacent shores of Upper Canada, do, and each of them does, belong to His Britannic Majesty, and that all the islands lying in the rivers, lakes, and water communications, between the said boundary-line and the adjacent shores of the United States, or their territories, do, and each of them does, belong to the United States of America, in conformity with the true intent of the second article of the said treaty of 1783, and of the. sixth article of the treaty of Ghent. In faith whereof we, the Commissioners aforesaid, have signed this declaration, and thereunto affixed our seals. Done in quadruplicate at Utica, in the State of New York, in the United States of America, this eighteenth day of June, in the year of our Lord one thousand eight hundred and twenty-two. PETEE B. POETEB. |L ANTH: BAECLAY. [L .8.1 .S.] GEEAT BEITAIN, 1822. TREATY WITH GREAT BRITAIN, CONCLUDED JULY 12,1822; RATIFICA- TIONS EXCHANGED JANUARY 10, 1823 ; PROCLAIMED JANUARY 11, 1823. In the name of the Most Holy and Indivisible Trinity. The President of the United States of America and His - _ , . The United States Majesty the King of the United Kingdom or Great Britain and Great Britain t/' J , , , V , . ° n ,i n^i x- 1 aKree to refer ceftain and Ireland, having agreed, m pursuance of the nitn article ^^^^.m- of the convention concluded at London on the 20th day of Pi October, 1818, to refer the differences which had arisen betwen the two Governments, upon the true construction and meaning of the first article of the treaty of peace and amity concluded at Guent on the 24th day of December, 1814, to the friendly arbitration of His Majesty the 356 TREATIES AND CONVENTIONS. Emperor of all the Eussias, mutually engaging to consider his decision hl M.je.ty'. as nna l anc * conclusive. And his said Imperial Majesty "" i having, after due consideration, given his decision upon these differences in the following terms, to wit: "That the United States of America are entitled to claim from Great united states e n - Britain ajust indemnification for all private property which 'Luou to for nJ ce n rtdn tbeBritish forces may have carried away ; and, as the ques- •lave.. tion relates to slaves more especially, for all the slaves that tbeBritish forces may have carried away from places and territories of which the treaty stipulates the restitution, in quitting these same places and territories. " That the United States are entitled to consider as having been so carried away, all such slaves as may have been transferred from the above-mentioned territories to British vessels within the waters of the said territories, and who for this reason may not have been restored. " But that if there should be any American slaves who were carried away from territories of which the first article of the treaty of Ghent has not stipulated the restitution to the United States, the United mo indemnification States are not entitled to claim an indemnification for the for certain slaves. gr^fl S ] aV eS." Now, for the purpose of carrying into effect this award of His Imperial Majesty, as arbitrator, his good offices have been farther invoked to assist in framing such convention or articles of agreement between the United States of America and His Britannic Majesty as shall provide the mode of ascertaining and determining the value of slaves and of other private property, which may have been carried away in contravention of the treaty of Ghent, and for which indemnification is to be made to the citizens of the United States, in virtue of His Imperial Majesty's said award, and shall secure compensation to the sufferers for their losses, so ascertained and determined. And His Imperial Majesty has consented to lend his mediation for the above purpose, and has con- K„s,ia» pienipo- stituted and appointed Charles Bobert Count Nesselrode, His tentiarie.. Imperial Majesty's Privy Councellor, member of the Council of State, Secretary of State directing the Imperial Department of Foreign Affairs, Chamberlain, Knight of the Order of St. Alexander Nevsky, Grand Cross of the Order of St. Vladimir of the first class, Knight of that of the White Eagle of Poland, Grand Cross of the Order of St. Stephen of Hungary, of the Black and of the Bed Eagle of Prussia, of the Legion of Honor of France, offlDharles III of Spain, of St. "Ferdinand and of Merit of Naples, of the Aftunciation of Sardinia, of the Polar Star of Sweden, of the Elephant of Denmark, of the golden Eagle of Wirtemberg, of Fidelity of Baden, of St. Constantine of Parma, and of Guelph of Hannovre ; and John Count Capodistrias, His Imperial Majesty's Privy Counsellor, and Secretarv of State, Kuight of the Order of St. Alexander Nevsky, Grand Cross of- the Order of St. Vladimir of the first class, Knight of that of the White Eagle of Poland, Grand Cross of the Order of St. Stephen of Hungary, of the Black and of the Bed Eagle of Prussia, of the Legion of Honour of France, of Charles HI of Spain, of St. Ferdinand and of Merit of Naples, of St. Maurice and of St. Lazarus of Sardinia, of the Elephant of Denmark, of Fidelity and of the Lion of Zahringen of Baden, Burgher of the Canton of Vaud, and also of the Canton and of the Republic of Geneva, as his Plenipotentiaries to treat, adjust, and conclude such, articles of agreement as may tend to the attaiument of the above-men- tioned end, with the Plenipotentiaries of the United States and of His -ontannic Majesty, that is to say : GREAT BRITAIN, 1822. 357 On the part of the President of the United States, with the advice and consent of the Senate thereof, Henry Middleton, a citizen r^ote,,.^ of of the said United States, and their Envoy Extraordinary "" United States ' and Minister Plenipotentiary to His Majesty the Emperor of all the Eussias ; and on the part of His Majesty the King of the United King- dom of Great Britain and Ireland, the Eight Honorable Ple „ ipoteBtinry of Sir Charles Bagot, one of His Majesty's most Honorable Gr8at B,i,air - Privy Council, Knight Grand Cross of the most honorable Order of the Bath, and His Majesty's Ambassador Extraordinary and Plenipotentiary to His Majesty the Emperor of all the Eussias ; And the said Plenipotentiaries, after a reciprocal communication of their respective full powers, found in good and due form, have agreed upon the following articles : F„,ipowe«. Article I. For the purpose, of ascertaining and determining the amount of in- demnification which may be due to citizens of the United States under the decision* of His Imperial Majesty, two cmmKm*. to be Commissioners and two Arbitrators shall be appointed in the " pp( " n manner following, that is to say : One Commissioner and one Arbitra- tor shall be nominated and appointed by the President of the United States of America, by and with the advice and consent of the Senate thereof ; and one Commissioner and one Arbitrator shall be appointed by His Britannic Majesty. And the two Commissioners and two Arbitra- tors, thus appointed, shall meet and hold their sittings as a board in the city of Washington. They shall have power to appoint a secretary, and before proceeding to the other business of the commission, they shall, respectively, take the following oath (or affirmation) in the pres- ence of each other; which oath or affirmation, being so taken, and duly attested, shall be entered on the record of their proceedings, that is to say : "I, A. B., one of the Commissioners (or Arbitrators, as the case may be) appointed in pursuance of the conven- tion concluded at St. Petersburg on the ?j£> day of ^ one thousand eight hundred and twenty-two, between His Majesty the Emperor of all the Russias, the United States of America, and His Britannic Majesty, do solemnly swear (or affirm) that I will diligently, im- partially, and carefully examine, and, to the best of my judgment, according to justice and equity, decide all matters submitted to me as Commissioner (or Arbitrator, as the case may be) under the said conven- tion." All vacaucies occurring by death or otherwise shall be filled up in th*e manner of the original appointment, and the new Commis- Vacmci „ sioners or Arbitrators shall take the same oath or affirma- tion, and perform the same duties. Article II. If, at the first meeting of this board, the Governments of the United States and of Great Britain shall not have agreed upon an Averasevalue . average value, to be allowed as compensation for each slave -for whom indemnification may be due ; then, aud in that case, the Com- missioners, and Arbitrators shall conjointly proceed to examine the testi- mony which shall be produced under the authority of the President of the United States, together with such other competent testimony as they may see cause to require or allow, going to prove the true value of 358 TREATIES AND CONVENTIONS. slaves at the period of the exchange of the ratifications of the treaty of Ghent : and, upon the evidence so obtained, they shall agree upon and fix „■ , , tbe average value. But in case that the majority of the board In case they do not " _, . ^ . * -..,. ■, i-ijiuij. wree, &c of Commissioners and Arbitrators should not be able to agree respecting such average value, then, and in that case, recourse shall be had to the arbitration of the Minister or other Agent of the mediating Power accredited to the Government of the United States. A statement of the evidence produced, and of the proceedings of the board thereupon, shall be communicated to the said Minister or Agent, and his decision, founded upon such evidence and proceedings, shall be final and con- clusive. And the said average value, when fixed and determined by either of the three before mentioned methods, shall, in all cases, serve as a rule for the compensation to be awarded for each and every slave, for whom it may afterwards be found that indemnification is due. Article III. When the average value of slaves shall 'have been ascertained and commissioners to fixed, the two Commissioners shall constitute a board for the toTtne°M«niSoD examination of the claims which are to be submitted to ofdaims them, and they shall notify to the Secretary of State of the United States that they are ready to receive a definitive list of the slaves and other private property for which the citizens of the United States claim indemnification ; it being understood and hereby agreed that the com- mission shall not take cognizance of, nor receive, and that His Britan- nic Majesty shall not be required to make, compensation for any claims for private property under the first article of the treaty of Ghent not contained in the said list. And His Britannic Majesty hereby engages to cause to be produced before the commission, as material towards as- , t rertaining facts, all the evidence of which His Majesty's Evidence of the ~ ° ' . . -/»■■ •umber of slaves ear- (jrovernment may be in possession, by returns from His Majesty's officers or otherwise, of the number of slaves carried away. But the evidence so produced, or its defectiveness, shall not go in bar of any claim or claims which shall be otherwise satisfac- torily authenticated.' Article IV. The two Commissioners are hereby empowered and required to go into commise.oners to an examination of all the claims submitted, thro' the e«mine eiaim.. above-mentioned list, by the owners of slaves or other property, or by their lawful attorneys or representatives, and to deter- mine the same, respectively, according to the merits of the several cases, under the rule of the Imperial decision hereinabove recited, and having reference, if need there be, to the explanatory documents hereunto an- nexed, marked A and B. And, in considering such claims, the Commis- sioners are empowered and required to examine, on oath or affirmation, all such persons'as shall come before them touching the real number of the slaves, or value of other property, for which indemnification is claimed; and, also, to receive in evidence, according as they may thiufe consistent with equity and justice, written depositions or papers, such depositions or papers being duly authenticated, either according to exist- ing legal forms, or in such other manner as the said Commissioners shall see cause to require or allow. GREAT BRITAIN, 1822. 359 Article V. In the event of the two Commissioners not agreeing in any particular case under examination, or of their disagreement upon any i f , he com m i S »io, l . question which .may result from the stipulations of this con- ers 8haU Mt aeree vention, then and in that case they shall draw by lot the name of one of the two Arbitrators, who, after having given due consideration to the mat- ter contested, shall consult with the Commissioners ; and a final decision shall be given, conformably to the opinion of the majority of the two Commissioners and of the Arbitrator so drawn by lot. And the Arbi- trator, when so acting with the two Commissioners,' shall be bound in all respects by the rules of proceeding enjoined by the IVth article of this convention upon the Commissioners, and shall be vested with the same powers, and be deemed, for that case, a Commissioner. Article VI. The decision of the two Commissioners, or. of the majority of the board, as constituted by the preceding article, shall in all Decision cases be final and conclusive, whether as to number, the value, or the ownership of the slaves, or other property, for which indemnification is to be made. And His Britannic Majesty engages to oause the sam awarded to each and every owner in lieu of Pwment . his slave or slaves, or other property, to be paid in specie, without deduction, at such time or times and at such place or places as shall be awarded by the said Commissioners, and on condition of such releases or assignments to be given as they shall direct : .^ Provided, that no such payment shall be fixed to take place sooner than twelve months from the day of the exchange of the rati- fications of this convention. Article VII. It is farther agreed that the Commissioners and Arbitrators shall be respectively paid in such manner as shall be settled between P a Tmen t orcom- the Governments of the United States and Great Britain at •""••""'"■ *"• the time of the exchange of the ratifications of this convention. And all other expenses attending the execution of the commission shall be defrayed jointly by the United States and His Britannic Majesty, the same being previously ascertained and allowed by the majority of the board. Article VIII. A certified copy of this 'convention, when duly ratified by His Majesty the Emperor of all the Bussias, by the President of the oenaed «.»«» or United States, by and with the advice and consent of their «■■— >°°- Senate, and by His Britannic Majesty, shall be delivered by each of the contracting parties, respectively, to the Minister or other Agent of the mediating Power accredited to the Government of the United States, as soon as may be after the ratifications shall have been exchanged; which last shall be effected at Washington in six months from the date hereof, or sooner if possible. In faith whereof, the respective Plenipotentiaries have signed this 360 TREATIES AND CONVENTIONS. convention, drawn up in two languages, and have hereunto affixed their Done in triplicate at St. Petersburg, this —^ day of 5^ one thousand eight hundred and twenty-two. NESSELRODE. CAPODISTRIAS. HENRY MIDDLETON. CHARLES BAGOT. L. B.| L. S. L. S. L. S. A. Count Nesselrode to Mr. Middleton. The undersigned, Secretary of State, directing the Imperial Administration of Foreign April 2z 1822 Affairs, has the honor to communicate to Mr. Middleton, Envoy Extraor- dinary and Minister Plenipotentiary of the United States of America, the opinion which the Emperor, his master, has thought it his duty to express upon the object of the differences which have arisen between the United States and Great Britain, relative to the interpretation of the first article of the treaty of Ghent. Mr. Middleton is requested to consider this opinion as the award required of the Emperor by the two Powers. He will doubtless recollect that he, as well as the Plenipotentiary of His Britannic- Majesty, in all his memorials, has principally insisted on the grammatical sense'of the first article of the treaty of Ghent, and that, even in his note of the 4th (16th) Novem- ber, 1821, he has formally declared that it was on the signification of the words in the text of the article as it now is that the decision of His Imperial Majesty should be founded. The same declaration being made in the note of the British Plenipotentiary dated 8th (20th) October, 1821, the Emperor had only to conform to the wishes expressed by the two parties, by devoting all his attention to the examination of the grammatical question. The above-mentioned opinion will show the manner in which His Imperial Majesty judges of this question; and in order that the Cabinet of Washington may also know the motives upon which the Emperor's judgment is founded, the undersigned has hereto subjoined an extract of some observations upon the literal sense of the first article of the treaty of Ghent. In this respect the Emperor has confined himself to following the rules of the lan- guage employed in drawing up the act, by which the two Powers have required his arbitration, and defined the object of their difference. His Imperial Majesty has thought it his duty, exclusively, to obey the authority of these rules, and his opinion could not but be the rigorous and necessary consequence thereof. The undersigned eagerly embraces this occasion to renew to Mr. Middleton the assurances of his most distinguished consideration. NESSELRODE. St. Petersburg, 22d April, 1822. HIS IMPERIAL MAJESTY'S AWARD. Invited by the United States of America and by Great Britain to give* an opinion, as- Arbitrator, in the differences which have arisen between these two Powers* on the sub- ject of the interpretation of the first article of the treaty which they concluded at Ghent, on the 24th December, 1814, the Emperor has taken cognizance of all the acts, memorials, and notes in which the respective Plenipotentiaries have set forth to his administration of foreign affairs the arguments upon which each of the litigant parties depends in support of the interpretation given by it to the said article. After having maturely weighed the observations exhibited on both sides : Considering that the American Plenipotentiary and the Plenipotentiary of Britain have desired that the discussion should be closed ; Considering that the former, in his note of the 4th (16th) November, 1821, and the latter, in his note of the 8th (20th) October, of the same year, have declared that it i» GREAT BRITAIN, 1822. 361 upon the construction of the text, of the article as it stands, that the Arbitrator's decision should he founded, and that both have appealed, only as subsidiary means, to the general principles of the law of nations and of maritime law ; The Emperor is of opinion " that the question can only be decided according to the literal and grammatical sense of the first article of the treaty of Ghent." As to the literal and grammatical sense of the first article of the treaty of Ghent : Considering that the period upon the signification of which doubts have arisen, is expressed as follows : "All territory, places, and possessions whatsoever, taken by either party from the other during the war, or which may be taken after the signing of thi9 treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruction or carrying away any of the artillery or other pnblic property originally captured in the said forts or places, and which shall remain therein upon the ex- change of the ratifications of this treaty, or any slaves, or other private property ; and all archives, records, deeds, and papers, either of a public nature, or belonging to private persons, which, in the course of the war, may have fallen into the hands of the officers of either party, shall be, as far as may be practicable, forthwith restored and delivered to the proper authorities and persons to whom they respectively belong." Considering" that, in this period, the words originally captured, and which shall remain therein upon the exchange of the ratifications, form an incidental phrase, which cari have respect, grammatically, only to the substantives or subjects which precede ; That the first article of the treaty of Ghent thus prohibits the contracting parties from carrying away from the places of which it stipulates the restitut.on, only the pub- lic property which might have been originally captured there, and which should remain therein upon the exchange of the ratifications, but that it prohibits the carrying away from these same places any private property whatever ; That, on the other hand, these two prohibitions are solely applicable to the places of which the article stipulates the restitution ; The Emperor is of opinion : ''That the United States of America are entitled to a just indemnification, from Great Britain, for all private property carried away by the British forces ; and as the question regards slaves more especially, for all such slaves as were carried away by the British forces, from the places and territories of which the restitution was stipu- lated by the treaty, in quitting the said places and territories ; " That the United. States are entitled to consider, as having been so carried away, all such slaves as may have been transported from the above-mentioned territories on board of the British vessels within the waters of the said territories, and who, for this reason, have not been restored ; " But that, if there should be any American slaves who were carried away from ter- ritories of which the first article of the treaty of Ghent has not stipulated the restitu- tion to the United States, the United States are not to claim an indemnification for the said slaves." The Emperor declares, besides, that he is ready to exercise the office of mediator, which has been conferred on him beforehand by the two States, in the negotiations -which must ensue between them in consequence of the award which they have demanded. Done at St. Petersburg 22d April, 1822. n B. Count Nesselrode to Mr. Middleton. The undersigned, Secretary of State, directing the Imperial Administration of Foreign Affairs, has, without delay, laid before the Emperor, his master, the explanations into which the Ambassador of His,Britannic Majesty has entered with the Imperial Ministry,, in consequence of the preceding confidential communication which was made to Mr. Middleton, as well as to Sir Charles Bagot, of the opinion expressed by the Emperor npon the true sense of the 1st article of the treaty of Ghent. Sir Charles Bagot understands that, in virtue of the decision of His Imperial Majesty, " His Britannic Majesty is not bo\ind to indemnify the United States for any slaves who, coming from places which have never been occupied by his troops, volun- tarily joined the British forces, either,in consequence of the encouragement which His Majesty's officers had offered them, or to freo themselves from the power of their mas- ter — these slaves not having been carried away from places or territories captured by His Britannic Majesty during the war, and, consequently, not having been carried away from places of which the article stipulates the restitution." 362 TREATIES AND CONVENTIONS. In answer to this observation, the undersigned is charged by His Imperial Majesty to •communicate what follows to the Minister of the United States of America: The Emperor having, by the mutual consent of the two Plenipotentiaries, given an opinion founded solely upon the sense which results from the text of the article in dis- pute, does not think himself called upon to decide here any question relative to what the laws of war permit or forbid to the belligerents ; but, always faithful to the gram- matical interpretation of the 1st article of the treaty of Ghent, His Imperial Majesty declares, a second time, that it appears to him according to this interpretation : " That, in quitting the places and territories of which the treaty of Ghent stipulates the restitution to the United States, His Britannic Majesty's forces had no right to .carry away from these same places and territories, absolutely, any slave, by whatever means he had fallen or come into their power. " But that if, during the war, American slaves had been carried away by the English forces, from other places than those of which the treaty of Ghent stipulates the resti- tution, upon the territory, or on board British vessels, Great Britain should not be bound to indemnify the United States for the loss of these slaves, by whatever means they might have fallen or come into the power of her officers." Although convinced, by the previous explanations above mentioned, that such is also the sense which Sir Charles Bagot attaches to his observation, the undersigned has nevertheless received from His Imperial Majesty orders to address the present note to the respective Plenipotentiaries, which will prove to them, that, in order the better to justify the conadence of the two Governments, the Emperor has been unwilling that the slightest doubt should arise regarding the consequences of his opinion. The undersigned eagerly embraces this occcasion of repeating to Mr. Middleton the assurance of his most distinguished consideration. NESSELRODE. St. Petersburg, 22d April, 1822. GREAT BRITAIN, 1826. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND GEEAT BRITAIN. CONCLUDED NOVEMBER 13, 1826; RATIFICATIONS EXCHANGED FEBRUARY 6, 1827 ; PROCLAIMED MARCH 19, 1827. Difficulties having arisen in. the execution of the convention concluded at St. Petershurgh on the twelfth day of July, 1822, under the media- tion of His Majesty the Emperor of all the Russias, between the United States of America and Great Britain, for the purpose of carrying into effect the decision of His Imperial Majesty upon the differences which . had arisen between the said United States and Great Britain on the true construction and meaning of the first article of the treaty of peace and amity concluded at Ghent on the twenty-fourth day of December, 1814 : The said United States and his Britannick Majesty, being equally desirous to obviate such difficulties, have respectfully named Plenipo- tentiaries to treat and agree respecting the same, that is to say: The President of the United States of America has appointed Albert Gallatin their Envoy Extraordinary and Minister Plenipotentiary to His Britannick Majesty ; and His Majesty the King of the United Kingdom of Great Britain and Ireland, the Bight Honourable William Huskisson, a member of his said Majesty's Most Honourable Privy Council, a member of Parliament, President of the Committee of Privy Council for Affairs of Trade and Foreign Plantations, and Treasurer of his said Majesty's Navy, and Henry Unwin Addington, Esquire, late His Majesty's Charg6 d'Affaires to the United States of* Amerfca ; Who, after having communicated to each other their respective fujl powers, fouud to be in due and proper form, have agreed upon and con- cluded the following articles : GEEAT BRITAIN, 1826. 363 Article I. His Majesty the King of the United Kingdom of Great Britain and Ireland agrees to pay, and the United States of America sumtobewMbr agree to receive, for the use of the persons entitled to indem- Great Britai "' nification and compensation by virtue of the said decision and conven- tion, the sum of twelve hundred and four thousand nine hundred and sixty dollars, current money of the United States, in lieu of, and in full and complete satisfaction for, all sums claimed or claimable from Great Britain, by any person or persons whatsoever, under the said decision and convention. Article II. The object of the said convention being thus fulfilled, that convention is hereby declared to be cancelled and annulled, save and except the second article of the- same, which has already been carried into execution by the Commissioners appointed under the said convention ; and save and except so much of the third article of the same as relates to the definitive list of claims and has already like- wise been carried into execution by the said Commissioners. Article III. The said sum of twelve hundred and four thousand nine hundred and sixty dollars shall be paid at Washington to such person or ^^ and whera persons as shall be duly authorized, on the part of the United pajrabl<5 - States, to receive the same, in two equal payments as follows : The payment of the first half to be made twenty days after official notification shall have been made by the Government of the United States to His Britannick Majesty's Minister in the said United States of the ratification of the present convention by the President of the United States, by and with the advice and consent of the Senate thereof. And the payment of the second half to be made on the first day of August, 1827. Article IV. The above sums being taken as a full and final liquidation of all claims whatsoever arising under the said decision and convention, both the final adjustment of those claims, and the distribu- r«u h of'.°™.ta. be »!,° tionof the sums so paid by Great Britain to the United d " the — ti °°- States, shall be made in such manner as the United States alone shall determine; and the Government of Great Britain shall have no further concern or liability therein. Article V. It is agreed that from the date of the exchange of the ratifications of the present convention, the joint commission appointed PapBr , oftll6Com under the said convention of St. Petersburgh, of the twelfth "•""""■ of July, 1822, shall be dissolved; and upon the dissolution thereof, all the documents and papers in possession of the said commission, relating to claims under that convention, shall be delivered over to such person or persons as shall be duly authorized on the part of the United States to receive the same. And the British Commissioner shall make over to ' such person or persons, so authorized, all the documents and papers (or authenticated copies of the same, where the originals cannot con- veniently be made over) relating to claims under the said convention 364 TREATIES AND CONVENTIONS. which he may have received from his Government- for the use of the said commission, conformably to the stipulation^ contained in the third article of the said convention. Article VI. The present convention shall be ratified, and the ratifications shall lutiictionofthi. *> e exchanged in London, in six months from this date, or conventum. sooner if possible. In witness whereof .the Plenipotentiaries aforesaid, by virtue of their respective full powers, have signed the same, and have affixed thereunto the seals of their arms. Done at London this thirteenth day of November, in the year of our Lord one thousand eight hundred and twenty-six. ALBERT GALLATIN. [L. s. WILLIAM HUSKISSON. [l. s.! HENRY UN WIN ADDINGTON. Fl. s. GEEAT BRITAIN, 1827. CONVENTION WITH GEEAT BRITAIN. CONCLUDED AUGUST 6, 1827 ; RATI- FICATIONS EXCHANGED APRIL 2, 1823; PROCLAIMED MAY 15, 1823. The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, being equally Object of the treaty. n . ." . /, ... . . . . n . " desirous to prevent, as far as possible, all hazard of misun- derstanding between the two nations, with respect to the territory on the northwest coast of America, west of the Stoney or Rocky Mountains, after the expiration of the third article of the convention concluded be- tween them on the twentieth of October, 1818, and also with a view to give further time for maturing measures which shall have for their object a more definite settlement of the claims of each party to the said terri- tory, have respectively named their Plenipotentiaries to treat and agree concerning a temporary renewal of the said article, that is to say : The President of the United States of America, Albert Gallatin, their e tors Envoy Extraordinary and Minister Plenipotentiary to His Britannick Majesty; and His Majesty the King of the United Kingdom pf Great Britain and Ireland, the' Right Honourable Charles Grant, a member of his said Majesty's Most Houourable Privy Council, a member of Parliament, and Vice-President of the Commit- tee of Privy Council for Affairs of Trade and Foreign Plantations, and Henry Unwin Addington, Esquire ; Who, after having communicated to each other their respective full powers, fouud to be in due and proper form, have agreed upon and con- cluded the following articles : Article I. All the provisions of the third article of the convention concluded ™ra „,tieie of Detween ttie United States of America and His Majesty the ~»£»«o£of e 2ot h King of the United, Kingdom of Great Britain and Ireland on the twentieth of October, 1818, shall be, and they are hereby, further indefinitely extended and continued in force, in the same man ner as if all the provisions of the said article were herein specifically recited. GREAT BRITAIN, 1827. 365 Article II. It shall be competent, however, to either of the contracting parties, in case either should think fit, at any time after the twen- cowwtummwto tieth of October, 1828, on giving due notice of twelve months » aalM - to the other contracting party, to annul and abrogate this convention; and it shall, in such case, be accordingly entirely annulled and abrogated, alter the expiration of the said term of notice. Article III. Nothing contained in this convention, or in the third article of the convention of the twentieth of October, 1818, hereby con- binned in force, shall be construed to impair, or in any man- to bVS&ted™ "hi ner affect, the claims which either of the contracting parties UeMy ' may have to any part of the country westward of the Stoney or Eocky Mountains. Article IV. The present convention shall be ratified, and the ratifiea- Ratifications. tions shall be exchanged in nine months, or sooner if possible. In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at London the sixth day of August, in the year of our Lord one thousand eight hundred and twenty-seven. ALBERT GALLATIN. CHA. GEANT. HENEY UNWIN ADDINGTON L. S. L. S. L. S. GEEAT BEITAIN, 1827, RENEWAL OP COMMERCIAL CONVENTION WITH GREAT BRITAIN. CON- CLUDED AUGUST 6, 1827 ; RATIFICATIONS EXCHANGED APRIL 2, 1828 ; PROCLAIMED MAY 15, 1828. The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, being desir- objectors co»- ous of continuing in force the existing commercial regala- venti0 °- tions between the two countries, which are contained in the convention concluded between them on the third of July, 1815, and further renewed by the fourth article of the convention of the twentieth of October, 1818, have, for that purpose, named their respective Plenipotentiaries, that is to say : The President of the United States of America, Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiary to His n thereof «,= Bntannick Majesty; and His Majesty the King of the ™'° 4S «""»- United Kingdom of Great Britain and Ireland, the Eight Honourable Charles Grant, a member of His said Majesty's Most Hon- »ui.p«rtof h« ourable Privy Council, a member of Parliament, and Vice- M * iml7 - President of the Committee of Privy Council for Affairs of Trade and Foreign Plantations; and Henry Unwin Addington, Esquire; Who, after having communicated to each other their respective full powers, found to be in due and proper form, have agreed Article3 agreed ira upon and concluded the following articles : 366 TEEATIES AND CONVENTIONS. Article I. All the provisions of the convention concluded between the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, on the third of July, 1815, and further con- tinued for the term of ten years by the fourth article of the convention of the twentieth of October, 1818, with the exception therein contained as to St. Helena, are hereby further indefinitely, and without the said* exception, extended and continued in force, from the date of the expira- tion of the said ten years, in the same manner as if all the provisions of the said convention of the third of July, 1815, were herein specifically recited. Article II. v It shall be competent, however, to either of the contracting parties, in case either shohld think fit, at any time after the expiration of the said ten years, that is, after the twentieth of October, 1828, on giving due notice of twelve months to the other contracting party, to annul and abrogate this convention ; and it shall, in such case, be accordingly entirely annulled and abrogated, after the expiration of the said term of notice. Article HI. The present convention shall be ratified, and the ratifications shall be exchanged in nine months, or sooner if possible. In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at London the sixth day of August, in the year of our Lord one thousand eight hundred and twenty-seven. ALBEET GALLATIN. [l. S.l CHA. GEANT. [l. s. HENRY UNWIN ADDINGTON. [l. s. GEE AT BRITAIN, 1827. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND GREAT BRITAIN. CONCLUDED SEPTEMBER 29, 1827 ; RATIFICATIONS EXCHANGE© APRIL 2, 1828; PROCLAIMED MAY 15, 1828. Whereas it is provided by the fifth article of the treaty of Ghent," 'comm-nionexi tlm t, in case the Commissioners appointed under that'' c ner.. ar ticle, for the settlement of the boundary line therein de- scribed, should not be able to agree upon such boundary line, the re- port or reports of those Commissioners, stating the points on which they had differed, should be submitted to some friendly Sovereign or State, and that the decision given by such Sovereign or State, on such points of difference, should be considered by the contracting parties as final and conclusive: That case having now arisen, and it having, there- fore, become expedient to proceed to and regulate the reference as above described, the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland have, for that purpose, named their Plenipotentiaries, that is 1o say : ,, T . he President of the United States has appointed Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiary at the Court t, GEE AT BRITAIN, 1827. 36 T of His Britannick Majesty ; and His said Majesty, on his part, has ap- pointed the Eight Honourable Charles Grant, a member of Parliament, a member of His said Majesty's Most Honourable Privy Council, and President of the Committee of the Privy Council for Affairs of Trade and Foreign Plantations, and Henry Unwia Addington, Esquire; Who, after having exchanged their respective full powers, found to be in due and proper form, have ag'feed to and concluded the follow- ing articles : Article I. It is agreed that the points of difference which have arisen in the- settlement of the boundary between the American and ^rence of dif . British dominions, as described in the 5th article of the fere " ce8 - treaty of Ghent, shall be referred, as therein provided, to some friendly Sovereign or State, who shall be invited to investigate, and make a de- cision upon, such points of difference. The two contracting Powers engage to proceed in concert, to the- choice of such friendly Sovereign or State, as soon as the ratifications of this convention shall have been exchanged, and to use their best en- deavours to obtain a decision, if practicable, within two years after the Arbiter shall have signified his consent to act as such. Article II. The reports and documents, thereunto annexed, of the Commissioners- appointed to carry into execution the 5th article of the s ,„ temei ,t r the treaty of Ghent, being so voluminous and complicated as re '» eclivs caBe » to render it improbable that any Sovereign or State should be willing or able to undertake the office of investigating and arbitrating upon them, it is hereby agreed to substitute, for those reports, new and separate- statements of the respective cases, severally drawn up by each of the- contracting parties, in such form and terms as each may think fit. The said statements, when prepared, shall be mutually communicated to each other by the contracting parties, that is to say, by the United States to His Britannick Majesty's Minister or Charge d'Affaires at Washington, and by Great Britain to the Minister or Charge d'Affaires of the United States at London, within fifteen months after the exchange- of the ratifications of the present convention. After such communication shall have taken place, each party shall have the power of drawing up a second and definitive statement, if it thinks fit so to do, in reply to the statement of the other party, so com- municated ; which definitive statements shall also be mutually commu- nicated, in the same manner as aforesaid, to each other, by the con- tracting parties, within twenty-one months after the exchange of rat- ifications of the present convention. Article III. Each of the contracting parties shall, within nine months after the exchange of ratifications of this convention, communicate to - Evidence - m i eniei the other, in the same manner as aforesaid, all the evidence to be ° Sa ' i - intended to be brought in support of its claim, beyond that which is contained in the reports of the Commissioners, or papers thereunto an- nexed, and other written documents laid before the Commission, under the 5th article of the treaty of Ghent. Each of the contracting parties shall be bound, on the application of 368 TREATIES AND CONVENTIONS. „ the other party, made within six months after the exchange of the rati- fications of this convention, to give au then tick copies of such individ- ually specified acts of a publick nature, relating to the territory in question, intended to be laid as evidence before the Arbiter, as have, been issued under the authority, or are in the exclusive possession, of each party. No maps, surveys, or topographical evidence of any description, shall be adduced by either party, beyond that which is hereinafter stipulated, ,nor shall any fresh evidence of any description be adduced or adverted to, by either party, other than that mutually communicated or applied for as aforesaid. Each party shall have full power to incorporate in, or annex to, either its first or second statement, any portion of the reports of the Commis- sioners, or papers thereunto annexed, and other written documents laid before the Commission under the 5th article of the treaty of Ghentj or of the other evidence mutually communicated or applied for as above provided, which it may think fit. Article IV. The map called Mitchell's map, by which the frainers of the treaty of 1783 are acknowledged to have' regulated their joint and official proceedings, and the map A, which has been agreed on by the contracting parties, as a delineation of the water-courses, and of the boundary lines in reference to the said water-courses, as contended for by each party respectively, and which has accordingly been signed by the above-named Plenipotentiaries, at the same time with this con- vention, shall be annexed to the statements of the contracting parties, and be the only maps that shall be considered as evidence, mutually acknowledged by the contracting parties, of the topography of the country. It shall, however, be lawful for either party to annex to its respective first statement, for the purposes of general illustration, any of the maps, surveys, or topographical delineations, which were filed with the Com- missioners under the 5th article of the treaty of Ghent, any engraved map heretofore published, and also a transcript of the above-mentioned map A, or of a section thereof, in which transcript each party may lay down the highlands, or other features of the country, as it shall think fit ; the water courses and the boundary lines, as claimed by each party, remaining as laid down in the said map A.' But this transcript, as well as all the other maps, surveys, or topo- graphical delineations, other than the map A, and Mitchell's map, in- tended to be thus annexed, by either party, to the respective statements, shall be communicated to the other party, in the same manner as afore- said, within nine months after the exchange of the ratifications of this convention, and shall be subject to such objections and observations as the other contracting party may deem it expedient to make thereto, and shall annex to his first statement, either in the margin of such trans- cript, map or maps, or otherwise. Article V. All the statements, papers, maps, and documents, above mentioned, stomenw, &,,., and which shall have been mutually communicated as afore- to be deli said, shall, without any addition, subtraction, or alteration, whatsoever, be jointly and simultaneously delivered in to the arbitrat- GREAT BRITAIN, 1842. 369 ing Sovereign or State within two years after the exchange of ratifica- tions of this convention, unless the Arbiter should not, within that time, have consented to act as such ; in which case all the said statements, papers, maps, and documents shall be laid before him within six months after the time when he shall have consented so to act. No other state- ments, papers, maps, or documents shall ever be laid before the Arbiter, except as hereinafter provided. Article VI. In order to facilitate the attainment of a just and sound decision on the part of the Arbiter, it is agreed that, in case the said Arbiter should desire further elucidation or evidence in .hSiSX^KiKfr regard to any specifick point contained in any of the said eTU,encc ' &c ' statements submitted to him, the requisition for such elucidation or evidence shall be simultaneously made to both parties, who shall there- upon be permitted to bring further evidence, if required, and to make, each, a written reply to the specifick questions submitted by the said Arbiter, but no further; and such evidence and replies shall be immedi- ately communicated by each party to the other. And in case the Arbiter should find the topographical evidence, laid as aforesaid before him, insufficient for the purposes of a sound and just decision, he shall have the power of ordering additional surveys to be made of any portions of the disputed boundary line or territory, as he may think fit; which surveys shall be made at the joint expense of the contracting parties, and be considered as conclusive by them. Article VII. The decision of the Arbiter, when given, shall be taken as final and conclusive; and it shall be carried, without reserve, into Decision of th immediate effect, by Commissioners appointed for that pur- Arbiter - pose by the contracting parties. Article VIII. This convention shall be ratified, and the ratifications shall be ex- changed in nine months from the date hereof, or sooner if possible. In witness whereof, we, the respective Plenipotentiaries, have signed the same, and have affixed thereto the seals of our arms. Done at London the twenty-ninth day of September, in the year of our Lord one thousand eight hundred and twenty-seven. ALBERT GALLATIN. [l. S.l CHA. GRANT. [L. s.] HENRY UNWIN ADDINGTON. [l. s.] GREAT BRITAIN, 1842. A TREATY TO SETTLE AND DEFINE THE BOUNDARIES BETWEEN THE TER- RITORIES OP THE UNITED STATES AND THE POSSESSIONS OF HER BRI- TANNIC MAJESTY IN NORTH AMERICA ; FOR THE FINAL SUPPRESSION OF ; a THE AFRICAN SLAVE-TRADE; AND FOR THE GIVING UP OF CRIMINALS FUGITIVE FROM JUSTICE, IN CERTAIN CASES. CONCLUDED AUGUST 9, 1842; RATIFICATIONS EXCHANGED OCTOBER 13, 1842; PROCLAIMED NO- VEMBER 10, 1842. Whereas certain portions of the line of boundary between the United States of America and the British dominions in North m»mMe. 370 TREATIES AND CONVENTIONS. America, described in the second article of the treaty of peace of 1783, have not yet been ascertained and determined, notwithstanding the repeated attempts which have been heretofore made for that purpose ; and whereas it is now thought to be for the interest of both parties, that, avoiding further discussion of their respective rights, arising in this re- spect under the said treaty, they should agree on a conventional line in said portions of the said boundary, such as may be convenient to both parties, with such equivalents and compensations as are deemed just and reasonable ; and whereas, by the treaty concluded at Ghent on the 24th day of December, 1814, between the United States and His Britan- nic Majesty, an article was agreed to and inserted of the following tenor, vizt : "Art. 10. Whereas the traffic in slaves is irreconcilable with the principles of humanity and justice ; and whereas both His Majesty and the United States are desirous of continuing their efforts to promote its entire abolition, it is hereby agreed that both the contracting parties shall use their best endeavors to accomplish so desirable an object ;" and whereas, notwithstanding the laws which have at various times been passed by the two Governments, and the efforts made to suppress it, that criminal traffic is still prosecuted and carried on ; and whereas the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland are determined that, so far as may be in their power, it shall be effectually abolished ; and whereas it is found expedient, for the better administration of justice and the pre- vention of crime within the territories and jurisdiction of the two parties respectively, that persons committing the crimes hereinafter enumerated, andjbeing fugitives from justice, should, under certain circumstances, be reciprocally delivered up : The United States of America and Her Britannic Majesty, having resolved to treat on these several subjects, have for that purpose appointed their respective Plenipotentiaries to negotiate and conclude a treaty, that is to say : The President of the United States has, on his part, furnished with full powers Daniel Webster, Secretary of State of the United States, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland has, on her part, appointed the Bight Honorable Alexander Lord Ashburton, a peer of the said United Kingdom, a member of Her Majesty's Most Honorable Privy Council, and Her Majesty's Minister Plenipotentiary on a special mission to the United States ; Who, after a reciprocal communication of their respective full powers, have agreed to and signed the following articles : Article I. It is hereby agreed and declared that the line of boundary shall be Bou» province of New Brunswick, with the intention of preventing fu ' u '" depredations on the forests of the said territory, which moneys were to- be carried to a fund called the " disputed territory fund," the proceeds - whereof it was agreed should be hereafter paid over to the parties interested, in the proportions to be determined by a final settlement of ' boundaries, it is hereby agreed that a correct account of all receipts and.' payments on the said fund shall be delivered to the Government of the United States within six months after the ratification of this treaty ; and the proportion of tbe amount due thereon to the States of Maine and Massachusetts, and any bonds or securities appertaining thereto shall be paid and delivered over to the Government of the United States ; and the Government of the United States agrees to receive for the use of, and pay over to, the States of Maine and Massachusetts, their respective portions of said fund, and further, to pay and satisfy said States, respectively, for all claims for expenses incurred by them in protecting the said heretofore disputed territory and making a survey thereof in 1838 ; the Government of the United States agreeing with the States of Maine and Massachusetts to pay them the further sum of three hundred thousand dollars, in equal moieties, on account of their assent. to the line of boundary described in this treaty, and in consideration of the conditions and equivalents received therefor from the Government of Her Britannic Majesty. Article VI. It is furthermore understood and agreed that, for the purpose of run- ning and tracing those parts of the line between the source of the St. Croix and the St. Lawrence Biver which will re- m^-HX'Tir 9 !." quire to be run and ascertained, and for marking the residue S e "s"' e Lawre™ic of said line by proper monuments on the land, two Commis- sioners shall be appointed, one by the President of the United States, by and with the advice and consent of the Senate thereof, and one by Her Britannic Majesty ; and the said Commissioners shall meet at Ban- gor, in the State of Maine, on the first day of May next, or as soon there- after as may be, and shall proceed to mark the line above described, from the source of the St. Croix to the river St. John ; and shall trace on proper maps the dividing-line along said river and along the river St. Francis to the outlet of the Lake Pohenagamook ; and from the out- let of the said lake they shall ascertain, fix, and mark, by proper and dura- ble monuments on the land, the line described in the first article of this treaty ; and the said Commissioners shall make to each of their respect- ive Governments a joint report or declaration, under their hands and seals, designating such line of boundary, and shall accompany such report or declaration with maps, certified by them to be true maps of the new boundary. Article VII. It is further agreed that the channels in the river St. Lawrence on both sides of the Long Sault Islands and of Barnhart Island, Ce , ti , ; „ w „ te „ the channels in the river Detroit on both sides of the island °» e » to b0(h »° rtU »- Bois Blanc, and between that island and both the American and Cana- ■374 TREATIES AND CONVENTIONS. ■dian shores, and all the several channels and passages between the vari- ous islands lying near the junction of the river St. Clair with the lake ■of that name, shall be equally free and open to the ships, vessels, and boats of both parties. Article VIII. The parties mutually stipulate that each shall prepare, equip, and soppwdoaof *. maintain in service on the coast of Africa a sufficient and siine.tra.ie. adequate squadron or naval force of vessels of suitable numbers and descriptions, to carry in all not less than eighty guns, to enforce, separately and respectively, the laws, rights, and obligations of each of the two countries for the suppression of the slave-trade, the said squadrons to be independent of each other, but the two Govern- ments stipulating, nevertheless, to give such orders to the officers com- manding their respective forces as shall enable them most effectually to act in concert and co-operation, upon mutual consultation, as exigencies may arise, for the attainment of the true object of this article, copies of all such orders to be communicated by each Government to the other, respectively. Article IX. Whereas, notwithstanding all efforts which may be made on the coast of Africa for suppressing the slave-trade, the facilities for w;M°Sf,e°r 8t p"°e e f » carrying on that traffic and avoiding the vigilance of cruis- £S^VSrk«°fcp ers, by the fraudulent use of flags and other means, are so slaves u found. | g rea ^ an( j ^ e temptations for pursuing it, while a market can be found for slaves, so strong, as that the desired result may he long delayed unless all markets be shut against the purchase of African negroes, the parties to this treaty agree that they will unite in all he- coming representations and remonstrances with any and all Powers within whose dominions such markets are allowed to exist, and that they will urge upon all such Powers the propriety and duty of closing such markets effectually, at once and forever. Article X. It is agreed that the United States and Her Britannic Majesty shall, upon mutual requisitions by them, or their Ministers, offi- cers, or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper, committed within the jurisdiction of either, shall seek an asylum or shall be found within the territories of the other : Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offence had there been committed ; and the respective judges and other magistrates of the two Govern- ments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered ; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the• canal ; agreeing that neither will ever erect or maintain any fortifica- tions commanding the same, or in the vicinity thereof, or occupy, or fortify, or colonize, or assume or exercise any dominion over Nicaragua, Costa Eica, 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 Bica, the Mosquito coast, or any part of Central America, or of assuming or exer- cising 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 ac- quiring 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. Article II. "Vessels of the United States or Great Britain traversing the said canal shall, in case of war between the contracting parties, TrM]egM of ^_ be exempted from blockade, detention, or capture by either Miy.™™,* tie of the belligerents ; 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. 378 TREATIES AND CONVENTIONS. Article III. In order to secure the construction of the said canal, the contracting p ro an of «,e parties engage that, if any such canal shall be undertaken p»rS"«edJn u p 0n f a j r an fl equitable terms by any parties haying the ca°ai.' nct "" authority of the local government or governments through •whose territory the same may pass, then the persons employed in mak- ing 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 com- pletion, by the Governments of the United States and Great Britain, from unjust detention, confiscation, seizure, or any violence whatsoever. Article IV. The contracting parties will use whatever influence they respectively exercise with any State, States, or Governments possessing, ™rTT c bT 13° 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, the United States and Great Britain 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. Article V. The contracting parties further 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 forever be open' and free, and the capital invested therein secure. Nevertheless, the Governments of the United States and Great Britain, in according their protection to the construction of the said canal, and guaranteeing its neutrality aDd security when completed, always understand that this protection and guarantee are granted conditionally, and may be withdrawn by both Governments, or either Government, if both Governments or either Gov- ernment should deem that the persons or company undertaking or man- aging the same adopt or establish such regulations concerning the traffic thereupon as are contrary to the spirit and intention of this convention, either by making unfair discriminations in favor of the commerce of one of the contracting parties over the commerce of the other, or by impos- ing 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 giv- ing six months' notice to the other. Article VI. 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 honor and advantage of having contributed to a work of such general interest and importance as the canal herein contemplated. And the contracting t,« 1t , Nation. P arti es likewise agree that each shall enter into treaty stip- »-i w'n»'Ke"" ulati0Tls with suc]l of the Central American States as they ' may deem advisable for the purpose of more effectually car- GREAT BRITAIN, 1850. 379 rying out the great design of this convention, namely, that of construct- ing 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 employed, when requested by the other, in aiding and assisting 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 Govern- ments of Central America, and such differences should in any way im- pede or obstruct the execution of the said canal, the Governments of the United States and Great Britain 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. Article VII. It being desirable that no time should be unnecessarily lost in com- meucing and constructing the said canal, the Governments of the United States and Great Britain determine to give t^TiS '"vkL™; their support and encouragement to such persons or com-* 1 ca> pany as may first offer to commence the same, with the necessary cap<- ital, 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 any State through which the pro- posed ship-canal may pass, a contract for the construction of such a canal as that specified in this convention, to the stipulations of which contract neither of the contracting parties in this convention have any just cause to object, and the said persons or company shall, moreover, have made preparations and expended time, money, and trouble on the faith of such contract, it is hereby agreed that such persons or company shall have a priority of claim over every other person, per- x j. j.1, l. j.- jr "i\ n j. J? Priority of claim. sons, or company to the protection of the Governments of the United States and Great Britain, and be allowed a year from the date of the exchange of the ratifications of this convention for conclud- ing their arrangements and presenting evidence of sufficient capital sub- scribed to accomplish the contemplated undertaking ; it being under- stood that if, at the expiration of the aforesaid period, such persons or company be not able to commence and carry out the proposed enter- prize, then the Governments of the United States and Great Britain shall be free to afford their protection to any other persons or company that shall be prepared to commence and proceed with the construction of the canal in question. Article VIII. The Governments of the United States and Great Britain having not only desired, in entering into this convention, to accomplish rmleaio „ t0 be a particular object, but also to establish a general principle, "iJfJilS^VXr they hereby agree to extend their protection, by treaty stip- c °"™»°*'«>°" s - ulations, to any other practicable communications, whether by canal or railway, across the isthmus which connects North and South America, and especially to the interoceanic communications, should the same prove to be practicable, whether by canal or railway, which are now proposed to be established by the way of Tehuantepec or Panama. In granting, however, their joint protection to any such canals or railways as are by 380 TREATIES AND CONVENTIONS. this article specified, it is always understood by the United States and Great Britain that the parties constructing or owning the same shall impose no other charges or conditions of traffic thereupon than the afore- said Governments shall approve of as just and equitable; and that the citi,e„, or other same canals or railways, being open to the citizens and sub- ■mtioi,,. j ects of tlie United States and Great Britain on equal terms, shall also be open on like terms to the citizens and subjects of every other State which is willing to grant thereto such protection as the United States and Great Britain engage to afford. Article IX. The ratifications of this convention shall be exchanged at Washing- „ „ . ton within six months from this day, or sooner if pos- sible. v In faith whereof we, the respective Plenipotentiaries, have signed this convention, and have hereunto affixed our seals. Done at Washington the nineteenth day of April, anno Domini one thousand eight hundred and fifty. JOHN M. CLAYTON [l. s. HENEY LYTTON BULWER. {L. s.'_ GEEAT BRITAIN, 1853. TREATY WITH GEEAT BRITAIN. CONCLUDED FEBRUARY 8, 1853; RATIFI- CATIONS EXCHANGED JULY 26, 1853 ; PROCLAIMED AUGUST 20, 1853. Whereas claims have at various times since the signature of the treaty of peace and friendship between the United States of America and Great Britain, concluded at Ghent on the 24th of December, 1814, been made upon the Government of the United States on the part of corporations, companies, and private individuals, sub- jects of Her Britannic Majesty, and upon the Government of Her Britan- nic Majesty on the part of corporations, companies, and private indivi- duals, citizens of the United States ; and whereas some of such claims are still pending, and remain unsettled : The President of the United States of America, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being of opinion that a speedy and equit- able settlement of all such claims will contribute much to the mainte- nance of the friendly feelings which subsist between the two countries, have resolved to make arrangements for that purpose by means of a Con- vention, and have named as their Plenipotentiaries to confer and agree thereupon, that is to say : The President of the United States of America, Joseph Negotiator,. Eeed j^gg^oH, Envoy Extraordinary and Minister Pleni- potentiary of the United States to Her Britannic Majesty ; and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable John Russell, (commonly called Lord John Rus- sell,) a member of Her Britannic Majesty's Most Honourable Privy Council, a member of Parliament, and Her Britannic Majesty's Principal Secretary of State for Foreign Affairs ; "Who, after having communicated to each other their respective full powers, found in good and due form, have agreed as follows : GREAT BRITAIN, 1853. 381 Article I. i The high contracting parties agree that all claims on the part of cor- porations, companies, or private individuals, citizens of the , s United States upontheGovernmentofHerBritannicMajesty, femS'lo ciiu- and all claims on the part of corporations, companies, or private individuals, subjects of Her Britannic Majesty, upon the Gov- ernment of the United States, which may have been presented to either Government for its interposition with the other since the signature of the treaty of peace and friendship concluded between the United States of America and Great Britain, at Ghent, on the 24th of December, 1814, and which yet remained unsettled, as well as any other such claims which may be presented within the time specified in Article III, hereinafter, shall be referred to two Commissioners, to be appointed in the following manner, that is to say : One Commissioner shall be named by the President of the United States, and one by Her Britannic Majesty. In case of the death, absence, or incapacity of either Commissioner, or in the event of either Commissioner omitting or ceasing to act as such, the President of the United States, or Her Britannic Majesty, respectively, shall forthwith name another person to act as Commissioner in the place or stead of the Commissioner originally named. The Commissioners so named shall meet at London at the earliest con- venientperiod after they shall have been respectively named ; and shall, before proceeding to any business, make and sub- scribe a solemn declaration that they will impartially and Ded!init;on of the carefully examine and decide, to the best of their judgment, c ° m ™'»'™"'- and according to justice and equity, without fear, favor, or affection to their own cotfntry, upon all such claims as shall be laid before them on the part of the Governments of the United States and of Her Britannic Majesty, respectively ; and such declaration shall be entered on the record of their proceedings. The Commissioners shall then, andbeforeproceedingto any other busi- ness, name some third person to act as an Arbitrator or Umpire in any case or cases on which they may themselves differ in opinion. If they should not be able to agree upon the name of such third person, they shall each name a person ; and in each and every case in which the Commissioners may differ in opinion as to the decision which they ought to give, it shall be determined by lot which of the two persons so named shall be the Arbitrator or Umpire in that particular case. The person or persons so to be chosen to be Arbitrator or Umpire shall, before proceeding to act as such in any case, make and subscribe a solemn declaration in a form similar to that which shall already have been made and subscribed by the Commissioners, which shall be entered on the record of their proceedings. In the event of the Provi9 ; » for ,, ia death, absence, or incapacity of such person or persons, or " ot " cting ' of his or their omitting, or declining, or ceasing to act as such Arbitrator or Umpire, another and different person shall be named as aforesaid to act as such Arbitrator or Umpire in the place and stead of the person so originally named as aforesaid, and shall make and subscribe such decla- ration as aforesaid. Article II. The Commissioners shall then forthwith conjointly proceed to the in- vestigation, of the claims which shall be presented to their lDMlBtiD , of notice. They shall investigate and decide upon such claims claims - 382 TREATIES AND CONVENTIONS. in such order and in such manner as they may conjointly think proper, but upon such evidence or information only as shall be furnished by or on behalf of their respective Governments. They shall be bound to receive and peruse all written documents or statements which may be presented to them by or on behalf of their respective Governments, in support of, or in answer to, any claim ; and to hear, if required, one per- son on each side, on behalf of each Government, as counsel or agent for such Government, on each and every separate claim. Should they fail to agree in opinion upon any individual claim, they shall call to their assistance the Arbitrator or Umpire whom they may have agreed to name, or who may be determined by lot, as the case may be ; and such Arbitrator or Umpire, after having examined the evidence adduced for and against the claim, and after having heard, if required, one person on each side as aforesaid, and consulted with the Commissioners, shall decide thereupon finally, and without appeal. The decision of the Com- missioners, and of the Arbitrator or Umpire, shall be given upon each claim in writing, and shall be signed by them respectively. It shall be- competent for each Government to name one person to at- tend the Commissioners as agentonits behalf, to present and support claims on its behalf, and to answer claims made upon it, and to represent it generally in all matters connected with the investigation and decision thereof. The President of the United States of America and Her Majesty the- Queen of the United Kingdom of Great Britain and Ireland hereby solemnly and sincerely engage to consider the decision of the Commissioners conjointly, or of the Arbitrator or Umpire, as the case niay be, as absolutely final and conclusive upon each claim decided upon by them or him, respectively, and to give full effect to- such decisions without any objection, evasion, or delay whatsoever. It is agreed that no claim arising out of any transaction of a date prior to the 24th of December, 1814, shall be admissible under this conven- tion. Article III. Every claim shall be presented to the Commissioners within six months- T . me from the day of their first meeting, unless in any case where reasons for delay shall be established to the satisfaction of" the Commissioners, or of the Arbitrator or Umpire, in the event of the Commissioners differing in opinion thereupon ; and then, and in any such case, the period for presenting the claim may be extended to any time not exceeding three months longer. The Commissioners shall be bound to examine and decide upon every Wi,i„„ s claim within one year from the day of their first meeting. It shall be competent for the Commissioners conjointly, or for the Arbitrator or Umpire, if they differ, to decide in each case whether any claim has or has not been duly made, preferred, or laid before them, either wholly, or to any and what extent, according to the true intent and meaning of this convention. Article IV. All sums of money which may be awarded by the Commissioners* or r t by the Arbitrator or Umpire, on account of any claim, shall be paid by the one Government to the other, as the case may be, within twelve months after the date of the decision, without- interest, and without any deduction, save as specihed in AftieleVI- hereinafter. GREAT BRITAIN, 1854. 383 Article V. The high contracting parties engage to consider the result of the proceedings of this commission as a full, perfect, and final adto B o( settlement of every claim upon either Government arising out po^SStoSS.Vbe of any transaction of a date prior to the exchange of the rati- fications of the present convention ; and further engage that every such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said commission, shall, from and after the conclusion of the proceedings of the said commission, be con- sidered and treated as finallv settled, barred, and thenceforth inadmissi- ble. . . Article VI. The Commissioners, and the Arbitrator or Umpire, shall keep an ac- curate record and correct minutes or notes of all their pro- ceedings, with the dates thereof, and shall appoint and employ a clerk, or other persons, to assist them in the transaction of the business which may come before them. Each Government shall pay to its Commissioner an amount of salary not exceeding three thousand dollars, or six hundred and SaUry „ f camm „. twenty pounds sterling, a year, which amount shall be the '""""'■ same for both Governments. The amount of salary to be paid to the Arbitrator (or Arbitrators, as the case may be) shall be determined by mutual consent at the close of the commission. The salary of tbe clerk shall not exceed the sum of fifteen hundred dollars, or three hundred and ten pounds sterling, a year. salary of** The whole expenses of the commission, including contingent expenses, shall be defrayed by a rateable deduction on the amount of TjXpeme , of „ ie the sums awarded by the commission; provided always c ° i ™ ii »« i °» that such, deduction shall not exceed the rate of five per cent, on the sums so awarded. The deficiency, if any, shall be defrayed in moieties by the two Gov- ernments. Article VII. The present convention shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty ; and the ratifications shall be exchanged at London as soon as may be within twelve months froin the date hereof. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at London the eighth day of February, in the year of our Lord one thousand eight hundred and fifty-three. J. E. IMJERSOLL. J. RUSSELL. L. S.| L. B-l GREAT BRITAIN, 1854. RECIPROCITY TREATY WITH GREAT BRITAIN. CONCLUDED JUNE 5, 1854 ; RATIFICATIONS EXCHANGED SEPTEMBER 9, 1854 ; PROCLAIMED SEP- TEMBER 11, 1854. The Government of the United States being equally desirous with. Her Majesty the Queen of Great Britain to avoid further TnmMe . misunderstanding between their respective citizens and 384 TREATIES AND CONVENTIONS. subjects in regard to the extent of the right of fishing on the coasts of British North America, secured to each by article I of a convention between the United States and Great Britain, signed at London on the 20th day of October, 1818 ; and being also desirous to regulate the com- merce and navigation between their respective territories and people, and more especially between Her Majesty's possessions in North America and the United States, in such manner as to render the same recipro- cally beneficial and satisfactory, have, respectively, named Plenipoten- tiaries to confer and agree thereupon, that is to say : The President of the United States of America, William L. Marcy, Secretary of State of the United States, and Her Majesty N= S ot,aton,. the Q ueen of the United Kingdom of Great Britain and Ireland, James, Earl of Elgin and Kincardine, Lord Bruce and Elgin, a peer of the United Kingdom, Knight of the most ancient and most noble Order of the Thistle, and Governor General in and over all Her Britannic Majesty's provinces on the continent of North America, and in and over the island of Prince Edward ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles : Article I. It is agreed by the high contracting parties that in addition to the liberty secured to the United. States fishermen by the above- iow°.i'certain ,e privi- mentioned convention of October 20, 1818, of taking, curing, i„ S83 , n tiwhsker.e,. an( j drying fish on certain coasts of the British North Ameri- can Colonies therein defined, the inhabitants of the United States shall have, in common with the subjects of Her Britannic Majesty, the liberty to take fish of every kind, except shell-fish, on the sea-coasts and shores, and in the bays, harbors, and creeks of Canada, New Brunswick, Nova Scotia, Prince Edward's Island, and of the several islands thereunto adjacent, without being restricted to any distance from the shore, with permission to land upon the coasts and shores of those colonies and the islands thereof, and also upon the Magdalen Islands, for the purpose of drying their nets and curing their fish ; provided that, in so doing, they do not interfere with the rights of private property, or with British fish- ermen, in the peaceable use of any part of the said coast in their occu- pancy for the same purpose. It is understood that the above-mentioned liberty applies solely to the sea fishery, and that the salmon and shad fisheries, and all fisheries in rivers and the mouths of rivers, are hereby reserved exclusively for British fishermen. And it is further agreed that, in order to prevent or settle any disputes i erved faerie, as to tlie P laces to wnica the reservation of exclusive right to British fishermen contained in this article, and that of fishermen of the United States contained in the next succeeding article, apply, each of the high contracting parties, on the application of either to the other, shall, within six months thereafter, appoint a Commissioner. The said Commissioners, before proceeding to any business, shall make and subscribe a solemn declaration that they will impartially and care- fully examine and decide, to the best of their judgment, and according to justice and equity, without fear, favor, or affection to their own country, upon all such places as are intended to be reserved and ex- cluded from the common liberty of fishing under this and the next succeeding article; and such declaration shall be entered on the record of their proceedings. GREAT BRITAIN, 1854. 385 The Commissioners shall name some third person to act as an Arbitrator or Umpire in any case or cases on which they may themselves Vm differ in opinion. If they should not be able to agree upon the name of such third person, they shall each name a person, and it shall be determined by lot which of the two persons so named shall be the Arbitrator or Umpire in cases of difference or disagreement between the Commissioners. The person so to be chosen to be Arbitrator or U mpire shall, before proceeding to act as such in any case, make and subscribe a solemn declaration in a form similar to that which shall already have been made and subscribed by the Commissioners, which shall be entered on the record of their proceedings. In the event of the death, absence, or incapacity of either of the Commissioners, or of the Arbitrator or Umpire, or of their or his omitting, declining, or ceasing to act as such Commissioner, Abitrator, or Umpire, another and different person shall be appointed or named as aforesaid to act as such Commissioner, Arbi- trator, or Umpire, in the place and stead of the person so originally appointed or named as aforesaid, and shall make and subscribe such declaration as aforesaid. Such Commissioners shall proceed to examine the coasts of the North American provinces and of the United States, embraced within the pro- visions of the first and second articles of this treaty, and shall designate the places reserved by the said articles from the common right of fishing therein. The decision of the Commissioners and of the Arbitrator or Umpire shall be given in writing in each case, and shall be signed by them respectively. The high contracting parties hereby solemnly engage to consider the decision of tbe Commissioners conjointly, or of the Arbitrator or Umpire,, as the case may be, as absolutely final and conclusive in each case decided upon by them or him respectively. Article II. It is agreed by the high contracting parties that British subjects shall 1 have,, in common with the citizens of the United States R . hu of Br . tj8h the liberty to take fish of every kind, except shell-fish, on .W.'ct»"inA™icnu' the eastern sea-coasts and shores of the United States north of the 36th parallel of north latitude, and on the shores of the several islands thereunto adjacent, and in the bays, harbors, and creeks of the said sea-coasts and shores of the United States and of the said islands, without being restricted to any distance from the shore, with permission to land upon the said coasts of the United States and of the islands, aforesaid, for the purpose of drying their nets and curing their fish : Provided, that, in so doing, they do not interfere with the rights of pri- vate property, or with the fishermen of the United Stages, in the peaceable use of any part of the said coasts in their occupancy for the- same purpose. It is understood that the above-mentioned liberty applies solely to the sea fishery, and that salmon and shad fisheries, and all fisheries in rivers and mouths of rivers, are hereby reserved exclusively for fishermen of the United States. Article III. It is agreed that the articles enumerated in the schedule hereunto- annexed, being the growth and produce of the aforesaid 0ertaiiinrticles to British colonies or of the United States, shall be admitted J"^^^' into each country respectively free of duty : t 386 TREATIES AND CONVENTIONS. Schedule. Grain, flour, and breadstuffs, of all kinds. Animals of all kinds. Fresh, smoked, and salted meats. Cotton-wool, seeds, and vegetables. Undried fruits, dried fruits. Fish of all kinds. ,...,. . Products of fish, and of all other creatures living m the water. Poultry, eggs. Hides, furs, skins, or tails, undressed. Stone or marble, in its crude or unwrought state. Slate. Butter, cheese, tallow. Lard, horns, manures. Ores of metals, of all kinds. Coal. Pitch, tar, turpentine, ashes. Timber and lumber of all kinds, round, hewed, and sawed, unmanu- factured in whole or in part. Firewood. Plants, shrubs, and trees. Pelts, wool. Fish-oil. Bice, broom-corn, and bark. Gypsum, ground or unground. Hewn, or wrought, or unwrought burr or grindstones. Dyestuffs. Flax, hemp, and tow, unmanufactured. Unmanufactured tobacco. Bags.* Article IV. It is agreed that the citizens and inhabitants of the United States stews of Ameri- shall have the right to navigate the River St. Lawrence, ,Se°an t d , the L caM^ and the canals in Canada used as the means of communicat- dian ca n ai». j n g between the grea ( t lakes and the Atlantic Ocean, with their vessels, boats, and crafts, as fully and freely as the subjects of Her Britannic Majesty, subject only to the same tolls and other assessments as now are, or may hereafter be, exacted of Her Majesty's said subjects; •it being understood, however, that the British Government retains the ■right of suspending this privilege on giving due notice thereof to the "Government of the United States. It is further agreed that if at any time the British Government should exercise the said reserved right, the Government of the United States shall have the right of suspending, if it think fit, the operations of Art. Ill of the present treaty, in so far as the province of Canada is affected thereby, for so long as the suspension of the free navigation of the Eiver St. Lawrence or the canals may continue. It is further agreed that British subjects shall have the right freely to navigate Lake Michigan with their vessels, boats, and .ub/ccts" °n Late crafts so long as the privilege of navigating the river St. Lawrence, secured to American citizens by the above clause * See act of 1854, oh. 269, and act of 1855, ch. 144, carrying out the provisions of this 'treaty. GREAT BRITAIN, 1854. 387 of the present article, shall continue ; and the Government of the United States further engages to urge upon the State governments to secure to the subjects of Her Britannic Majesty the use of the ' several State canals on terms of equality with the inhabitants of the United States. And it is further agreed that no export duty, or other duty, shall be levied on lumber or timber of any kind cut on that por- d t ^ ^.^ tion of the American territory in the State of Maine watered !»->£ on aI'sl by the river St. John and its tributaries, and floated down that river to the sea, when the same is shipped to the United States from the province of New Brunswick. Article V. The present treaty shall take effect as soon as the laws required to carry it into operation shall have been passed by the ConditionB on Imperial Parliament of Great Britain and by the Provincial wwc" ttii°°«aw shall take eil'ect Parliaments of those of the British North American colonies which are affected by this treaty on the one hand, and by the Congress of the United States on the other. Such assent having been given, the treaty shall remain in force for ten years from the date at which it may come into operation, and further until the expiration of . . twelvemonths after either of the high contracting parties shall give notice to the other of its wish to terminate the same; each of the high contracting parties being at liberty to give such notice to the other at the end of the said term of ten years, or at any time after- , wards. It is clearly understood, however, that this stipulation is not intended to affect the reservation made by article IV of the present treaty, with regard to the right of temporarily susnending the operation of articles III and IV thereof. Article VI. And it is hereby further agreed that the provisions and stipulations of the foregoing articles shall extend to the island of New- foundland, so far as they are applicable to that colony. But if the Imperial Parliament, the Provincial Parliament of Newfoundland, or the Congress of the United States shall not embrace in their laws, enacted for carrying this treaty into effect, the colony of Newfoundland, then this article shall be of no effect ; but the omission to make provision bylaw to give it effect, by either of the legislative bodies aforesaid, shall not in any way impair the remaining articles of this treaty. Article VII. The present treaty shall be duly ratified, and the mutual exchange of ratifications shall take place in Washington within six months from the date hereof, or earlier if possible. In faith whereof we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals. Done in triplicate, at Washington, the fifth day of June, anno Domini one thousand eight hundred and fifty-four. W. L. MAECT. [L. s.l ELGIN & KINCAEDINE. [L. s.j [The preceding treaty was terminated on March 17, 1866, in virtue of notice given by the United States March 17, 1865, pursuant to article five.] 388 TBEATIES AND CONVENTIONS. GEBAT BEITAIE", 1854. TREATY WITH GREAT BRITAIN. CONCLUDED JULY 17, 1854 ; RATIFICA- TIONS EXCHANGED AUGUST 18, 1854; PROCLAIMED SEPTEMBER 11, 1854. Whereas a convention was concluded on the 8th day of February, 1853, between the United States of America and Her Brit- preambie. ann ic Majesty, for the settlement of outstanding claims, by a mixed commission, limited to endure for twelve months from the day of the first meeting' of the Commissioners ; and whereas doubts have arisen as to the practicability of the business of the said commission being concluded within the period assigned, the President of the United States, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, are desirous that the time originally fixed for the duration of the commission should be extended, and to this end have named Plenipotentiaries to agree- upon the best mode of effecting this object, that is to say : The President of the United States, the Honor- able William L. Marcy, Secretary of State of the United States, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, John Fiennes Crainpton, Esq're, Her Majesty's Envoy Extraor- dinary and Minister Plenipotentiary at Washington ; who have agreed as follows : Article I. The high contracting parties agree that the time limited in the con- vention above referred to for the termination of the com- tiow JomSS; mission shall be extended for a period not exceeding four months from the 15th of September next, should such ex- tension be deemed necessary by the Commissioners, or the Umpire in case of their disagreement ; it being agreed that nothing contained in this article shall in any wise alter or extend the time originally fixed in the said convention for the presentation of claims to the Commission- ers. Article II. The present convention shall be ratified, and the ratifications shall be exchanged at London, as soon as possible within four months from the date thereof. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at Washington the seventeenth day of July, in the year of our Lord one thousand eight hundred and fifty-four. W. L. MAECY. JOHN F. CEAMPTON. L. S. L. S. GEEAT BEITAIN, 1862. TREATY BETWEEN THE UNITED STATES AND GREAT BRITAIN FOR THE SUPPRESSION OF THE SLAVE TRADE. CONCLUDED AT WASHINGTON APRIL 7, 1862; RATIFICATIONS EXCHANGED MAY SO, 1862; PROCLAIMED JUNE 7, 1862. Treaty between the United States of America and Her Majesty the Queen of tlie United Kingdom of Great Britain and Ireland, for the suppression of the African slave trade. The United States of America and Her Majesty the Queen of the Wet or , realy United Kingdom of Great Britain and Ireland, being desir- ous to render more effectual the means hitherto adopted for GREAT BRITAIN, 1862. 389 the suppression of the slave trade carried on upon the coast of Africa, have deemed it expedient to conclude a treaty for that purpose, and have named as their Plenipotentiaries, that is to say : The President of the United States of America, William H. Seward, Secretary of State, and Her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, the Eight Honorable Richard Bickerton Pemell, Lord Lyons, a peer of her United Kingdom, a Knight Grand Cross of her most honorable Order of the Bath, and her Envoy Extraordinary and Minister Plenipotentiary ' to the United States of America ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles : Article I. The two high contracting parties mutually consent that those ships of their respective navies Which shall be provided with spe- cert™™™™!. cial instructions for that purpose, as hereinafter mentioned, ^ c ^t\ e T.^u may visit such merchant vessels of the two nations as may, S"™5ii!d™°thB upon reasonable grounds, be suspected of being engaged in 9laye a ' ie - the African slave trade, or of having been fitted out for that purpose ; or of having, during the voyage on which they are met by the said cruisers, been engaged in the African slave trade, contrary to the pro- visions of this treaty; and that such cruisers may detain, and send or carry away, such vessels, in order that they may be brought to trial in the manner hereinafter agreed upon. In order to fix the reciprocal right of search in such a manner as shall be adapted to the attainment of the object of this treaty, and at the same time avoid doubts, disputes, and complaints, the said right of search shall be understood in the manner and according to the rules following : First. It shall never be exercised except by vessels of war, authorized expressly for that object, according to the stipulations of this treaty. Secondly. The right of search shall in no case be exercised with re- spect to a vessel of the navy of either of the two Powers, but shall be exercised only as regards merchant vessels ; and it shall not be exer- cised by a vessel of war of either contracting party within the limits of a settlement or port, nor within the territorial waters of the other party. • Thirdly. Whenever a merchant vessel is searched by a ship of war, the commander of the said ship shall, in the act of so doing, Modeof , earch exhibit to the commander of the merchant vessel the special instructions by which he is duly authorized to search ; and shall deliver to such commander a certificate, signed by himself, stating his rank in the naval service of his country, and the name of the vessel he com- mands, and also declaring that the only object of the search is to ascer- tain whether the vessel is employed in the African slave trade, or is fitted up for the said trade. When the search is made by an officer of the cruiser, who is not the commander, such officer shall exhibit to the captain of the merchant vessel a copy of the before-mentioned special instructions, signed by the commander of the cruiser ; and he shall in like manner deliver a certificate signed by himself, stating his rank in the navy, the name of the commander by whose orders he proceeds to make the search, that of the cruiser in which he sails, and the object of the search, as above described. If it appears from the search that the papers of the vessel are in regular order, and that it is employed on 390 TREATIES AND CONVENTIONS. lawful objects, the officer shall enter in the log-book of the vessel that the search has been made in pursuance of the aforesaid special instruc- tions ; and the vessel shall be left at liberty to pursue its voyage. The rank of the officer who makes the search must not be less than that of lieutenant in the navy, unless the command, either by reason of death or other cause, is at the time held by an officer of inferior rank. Fourthly. The reciprocal right of search and detention shall be exer- cised only within the distance of two hundred miles from th^'S^eS « the coast of Africa, and to the southward of the thirty-sec- be exerted. ond paral]el of nortn latitude, and within thirty leagues from the coast of the island of Cuba. Article II. In order to regulate the mode of carrying the provisions of the pre- ceding article into execution, it is agreed — First. That all the ships of the navies of the two nations which shall sups of war to be be hereafter employed to prevent the African slave trade o™i?eLy l *S™ shall be furnished by their respective Governments with a struotiom. copy of the present treaty, of the instructions for cruisers annexed thereto, (marked A.,) and of the regulations for the mixed courts of justice annexed thereto, (marked B,) which annexes respect- ively shall be considered as integral parts of the present treaty. Secondly. That each of the high contracting parties shall, from time Each nation to give to time, communicate to the other the names of the several &c.°of war S ships furnished with such instructions, the force of each, so employed. an( j f ne nam es of their several commanders. The said com- manders shall hold the rank of captain in the navy, or at "least that of lieutenant; it being nevertheless understood that the instructions originally issued to an officer holding the rank of lieutenant of the navy, or other superior rank, shall, in case of his death or temporary absence, be sufficient to authorize the officer on whom the command of the vessel has devolved to make the search, although such officer may not hold the aforesaid rank in the service. Thirdly. That if at any time the commander of a cruiser of either of the two nations shall suspect that any merchant vessel Mode of procedure -. ,-, , « , . * . « « when su«pected ves- under the escort or convoy of any ship or ships of war of ael is under convoy. (1 ,, , • • ■» -■ i-i the other nation carries negroes on board, or has been en- gaged in the African slave trade, or is fitted out for the purpose thereof, the commander of the cruiser shall communicate his suspicions to the commander of the convoy, who, accompanied by the commander of the cruiser, shall proceed to the search of the suspected vessel ; and in case the suspicions appear well founded, according to the tenor of this treaty, then the said vessel shall be conducted or sent to one of the places where the mixed courts of justice are stationed, in order that it may there be adjudicated upon. Fourthly. It is further mutually agreed that the commanders of the ships of the two navies, respectively, who shall be employed on this service, shall adhere strictly to the exact tenor of the aforesaid instruc- tions. Article III. As the two preceding articles are entirely reciprocal, the two high ro.»e, b r wro„ B . contracting parties engage mutually to make good any fm detention. losses which their respective subjects or citizens may incur by an arbitrary and illegal detention of their vessels; it being under^ GREAT BRITAIN, 1862. 391 derstood that this indemnity shall be borne by the Government whose cruiser shall have been guilty of such arbitrary and illegal detention; and that the search and detention of vessels specified in the first article of this treaty shall be effected only by ships which may form part of the two navies, respectively, and by such of those ships onlyas are pro- vided with the special instructions annexed to the present treaty, in pursuance of the provisions thereof. The indemnification i ndemnity for the damages of which this article treats shall be paid within the term of one year, reckoning from the day in which the mixed court of justice pronounces its sentence. Article IV. In order to bring to adjudication with as little delay and inconve- nience as possible the vessels which may be detained ac- Threem.^ courts cording to the tenor of the first article of this treaty, there »""•">»»>'"»'• shall be established, as soon as may be practicable, three mixed courts of justice, formed of an e*qual number of individuals of the two nations, named for this purpose by their respective Governments. of courtB These courts shall reside, one at Sierra Leone, one at the Cape of Good Hope, and one at New York. But each of the two high contracting parties reserves to itself the right of changing, at its pleasure, the place of residence of the court or courts held within its own territories. These courts shall judge the causes submitted to them according to the provisions of the present treaty, and according to the Dlltiesofcourta regulations and instructions which are annexed to the pres- ent treaty, and which are considered an integral part thereof; and there shall be no appeal from their decision. Article V. In case the commanding officer of any of the ships of the navies of either country, duly commissioned according to the provi- sions of the first article of this treaty, shall deviate in any wSS of o°a- respect from the stipulations of the said treaty, or from the instructions annexed to it, the Government which shall conceive itself to be wronged thereby shall be entitled to demand reparation; and in such case the Government to which such commanding officer may be- long binds itself to cause inquiry to be made into the subject of the complaint, and to inflict upon the said officer a punishment ^,^^01^ proportioned to any wilful transgression" which he may be offioer ' proved to have committed. Article VI. It is hereby further mutually agreed that every American or British merchant vessel which shall be searched by virtue of the Merchant yM8els present treatv, may lawfully be detained, and sent or brought ma/ie StainSlbr t n ,-, • -m rt . . • 1 1 .- t t • certain causes. before the mixed courts of justice established in pursuance of the provisions thereof, if, in her equipment, there shall be found any of the things hereinafter mentioned, namely: 1st. Hatches with open gratings, instead of the close hatches, which are usual in merchant vessels. 2nd. Divisions or bulkheads in the hold or on deck, in greater num- ber than are necessary for vessels ensraeed in lawful trade. 392 TREATIES AND CONVENTIONS. 3rd. Spare plank fitted for laying down as a second or slave deck. 4th. Shackles, bolts, or handcuffs. 5th. A larger quantity of water in casks or in tanks than is requi- site for the consumption of the crew of the vessel as a merchant vessel. 6th. An extraordinary number of water-casks, or of other vessels for holding liquid ; unless the master shall produce a certificate from the custom-house at the place from which he cleared outwards, stating that a sufficient security had been given by the owners of such vessel that such extra quantity of casks, or of other vessels, should be used only to hold palm-oil, or for other purposes of lawful commerce. 7th. A greater number of mess-tubs or kids than requisite for the use of the crew of the vessel as a merchant vessel. 8th. A boiler, or other cooking apparatus, of an unusual size, and larger, or capable of being made larger, than requisite for the use of the crew of the vessel as a merchant vessel; or more than one boiler, or other cooking apparatus, of the ordinary size. 9th. An extraordinary quantity of rice, of the flour of Brazil, of manioc or cassada, commonly called farinhrf, of maize, or of Indian corn, or of any other article of food whatever, beyond the probable wants of the crew; unless such rice, flour, farinha, maize, Indian corn, or other article of food be entered on the manifest as part of the cargo for trade. 10th. A quantity of mats or matting greater than is necessary for the use of the crew of the vessel as a merchant vessel; unless such mats or matting be entered on the manifest as part of the cargo for trade. If it be proved that any one or more of the articles above specified is proof umt.uch.r- or are on board, or have been on board during the voyage in tide, arc on bo.rd. -^h^h the vessel was captured, that fact shall be considered as prima-facie evidence that the vessel was employed in the African slave trade, and she shall in consequence be condemned and declared lawful prize; unless the master or owners shall furnish clear and incon- trovertible evidence, proving to the satisfaction of the mixed court of justice, that at the time of her detention or capture the vessel was em- ployed in a lawful undertaking, and that such of the different articles above specified as were found on board at the time of detention, or as may have been embarked during the voyage on which she was engaged when captured, were indispensable for the lawful object of her voyage. Article VII. If any one of the articles specified in the preceding article as grounds for condemnation* should be found on board a merchant ves- sel, or should be proved to have been on board of her during the voyage on which she was captured, no compensation for losses, damages, or expenses consequent upon the detention of such vessel shall, in any case, be granted either to the master, the owner, or any other person interested in the equipment or in the lading, even though she should not be condemned by the mixed court of justice. Article VIII. It is agreed between the two high contracting parties that in all cases r«,ei» condemned in which a vessel shall be detained under this treaty, by under this treat,. tne i r res p e ctive cruisers, as having been engaged in the African slave trade, or as having been fitted out for the purposes thereof, and shall consequently be adjudged and condemned by one of GREAT BRITAIN, 1862. 393 the mixed courts of justice to be established as aforesaid, the said vessel shall, immediately after its condemnation, be broken up entirely, and shall be sold in separate parts, after having been so broken up; unless either of the two Governments should wish to purchase her for the use of its navy, at a price to be fixed by a competent person chosen for that purpose by the mixed court of justice, in which case the Gov- ernment whose cruiser shall have detained the condemned vessel shall have the first option of purchase. Article IX. The captain, master, pilot, and crew of any vessel condemned by the mixed courts of justice shall be punished according to the laws of the country to which such vessel belongs, as shall and w °rew o? °St 1.1 in ■ i j i ■ i demned vessels. also the owner or owners and the persons interested in her equipment or cargo, unless they prove that they had no participation in the enterprise. For this purpose the two high contracting parties agree that, in so far as it may not be attended with grievous expense and Peraons „ board inconvenience, the master and* crew of any vessel which 8 » ch ^ ssels - may be condemned by a sentence of one of the mixed courts of justice, as well as any other persons found on board the vessel, shall be sent and delivered up to the jurisdiction of the nation under whose flag the condemned vessel was sailing at the time of capture; and that the wit- nesses and proofs necessary to establish the guilt of such master, crew, or other persons shall also be sent with them. The same course shall be pursued with regard to subjects or citizens of either contracting party who may be found by a cruiser s „ bjecta of either of the other on board a vessel of any third Power, or on board *ZZZtS£*& ITi a vessel sailing without flag or papers, which may be con- third PQwer - demned by any competent court for having engaged in the African slave trade. Article X. The negroes who are found on board of a vessel condemned by the mixed courts of justice, in conformity with the stipulations of this treaty, shall be placed at the disposal of the Govern- bfrf*d™aSS?m^3 ment whose cruiser has made the capture. They shall be ve88el8 ' immediately set at liberty, and shall remain free, the Government to Whom they have been delivered guaranteeing their liberty. Article XI. The acts or instruments annexed to this treaty, and which it is mu- tually agreed shall form an integral part thereof, are as ,„„„,„„,, an . follows : " exed to treaty - (A.) Instructions for the ships of the navies of both nations, destined to prevent the African slave trade. (B.) Eegulations for the mixed courts of justice. Article XII. The present treaty shall be ratified, and the ratifications thereof shall be exchanged at London, in six months from this date, or sooner if possible. It shall continue and remain in full force for the term of ten years from the day of exchange of the ratifications, and further, until 394 TREATIES AND CONVENTIONS. the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same, each of the contracting parties reserving to itself the right of giving such notice to the other at the end of said term of ten years; and it is hereby agreed between them that, on the expiration of one year after such notice shall have been received by either from the other party, this treaty shall altogether cease and determine. In witness whereof the respective Plenipotentiaries have signed the present treaty, and have thereunto affixed the seal of their arms. Done at Washington the seventh day of April, in the year of our Lord one thousand eight hundred and sixty-two. WILLIAM H. SEWAED. II. s. LYONS. [L. S. e ANNEX (A) TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND GREAT BRITAIN, FOR THE SUPPRESSION OF THE AFRICAN SLAVE TRADE. SIGNED AT WASHINGTON ON THE 7th DAY OF APRIL, 1862. Instructions for the ships of the United States and British navies employed to prevent the African slave trade. Article I. The commander of any ship belonging to the United States or British wmctions for navy which shall be furnished with these instructions shall shw of »«. have a right to search and detain any United States or British merchant vessel which shall be actually engaged, or suspected to be en- gaged, in the African slave trade, or to be fitted out for the purposes thereof, or to have been engaged in such trade during the voyage in which" she maybe met with by such ship of the United States or British navy; ve S s=i. to be sent an( l such commander shall thereupon bring or send such mer- forjudgment. chant vessel (save in the case provided for in Article V of these instructions) as soon as possible for judgment before one of the three mixed courts of justice established in virtue of the IVth article of the said treaty, that is to say : If the vessel shall be detained on the coast of Africa, she shall be brought before that one of the two mixed courts of justice to be estab- lished at the Cape of Good Hope and at Sierra Leone which may be nearest to the place of detention, or which the captor, on his own respon- sibility, may think can be soonest reached from such place. If the vessel shall be detained on the coast of the Island of Cuba, she shall be brought before the mixed court of justice at New York. Article II. Whenever a ship of either of the two navies, duly authorized as afore- said, shall meet a merchant vessel liable to be searched un- der the provisions of the said treaty, the search shall be conducted with the courtesy and consideration which ought to be ob- served between allied and friendly nations ; and the search shall, in all cases, be made by an officer holding a rank not lower than that of lieu- tenant in the navy, or by the officer who at the time shall be second in command of the ship by which such search is made. GREAT BRITAIN, 1863. 395 Article III. The commander of any ship of the two navies, duly authorized as aforesaid, who may detain any merchant-vessel in pursuance who ^ of the tenor of the present instructions, shall leave on board ^Jf^i." " 1 the vessel so detained the master, the mate or boatswain, and two or three, at least, of the crew, the. whole of the negroes, if any, and all the cargo. The captor shall, at the time of detention, draw up, in writing, a declaration, which shall exhibit the state in which he found the detained vessel. Such declaration shall be signed by himself, and shall be given in or sent, together with the captured vessel, to the mixed court of justice before which such vessel shall be carried or sent for ad- judication. He shall deliver to the master of the detained vessel a signed and certified list of the papers found on board the same, as well as a certificate of the number of negroes found on board at the moment of detention. * In the declaration which the captor is hereby required to make, as well as in the certified list of the papers seized, and in the certificate of the number of negroes found on board the detained vessel, he shall insert his own name and surname, the name of the capturing ship, and the latitude and longitude of the place where the detention shall have been made. The officer in charge of the detained vessel shall, at the time of bring- ing the vessel's papers into the mixed court of justice, deliver into the court a certificate, signed by himself and verified on oath, stating any changes which may have taken place in respect to the vessel, her crew, the negroes, if any, and her cargo, between the period of her detention and the time of delivering in such paper. Article IV. If urgent reasons arising from the length of the voyage, the state of health of the negroes, or any other cause, should require when ■»»*.»» w that either the whole or a portion of such negroes should be diBembarked - be disembarked before the vessel can arrive at the place at which one of the mixed courts of justice is established, the commander of the cap- turing ship may take upon himself the responsibility of so disembark- ing the negroes, provided the necessity of the disembarkation, and the causes thereof, be stated in a certificate in proper form. Such certifi- cate shall be drawn up and entered at the time on the log-book of the detained vessel. Article Y. In case any merchant vessel detained in pursuance of the present in- structions should prove to be unseaworthy, or in such a condition as not to be taken to one of the three ports where the mixed courts of jus- tice are to be established in pursuance of the treaty of this date, the commander of the detaining cruiser may take upon himself the respon- sibility of abandoning or destroying her, provided the exact causes which made such a step imperatively necessary be stated in a certificate veri- fied on oath. Such certificate shall be drawn up and formally executed in duplicate at the time. In case of the abandonment or destruction of a detained vessel, the master and crew, together with the negroes and papers found on board, and one copy of the sworn certificate mentioned in the preceding para- graph of this article, shall be sent and delivered to the proper mixed court of justice at the earliest possible moment. 396 TREATIES AND CONVENTIONS. The undersigned Plenipotentiaries have agreed, in conformity with the Xlth article of the treaty signed by them on this day, that the present instructions shall be annexed to the said treaty and be consid- ered an integral part thereof. Done at Washington the seventh day of -April, in the year of our Lord one thousand eight hundred and sixty-two. WILLIAM H. SEWAED. LYONS. L. S.J L.S.J ANNEX (B) TO THE TREATY BETWEEN THE UNITED STATES OP AMERICA AND GREAT BRITAIN, FOR THE ABOLITION OF THE AFRICAN SLAVE TRADE. SIGNED AT WASHINGTON ON THE 7th DAT OF APRIL, 1862. Regulations for the mixed courts of justice. Article I. i The mixed courts of justice to be established under the provisions of Regular™ for the treaty of which these regulations are declared to be an mixed courts of jus- .. i r t 11 i i ■ j_-i ./» ii ■ tice. integral part, shall be composed in the following manner : The two high contracting parties shall each name a judge and an arbitrator, who shall be authorized to hear and to decide, without appeal^ all cases of capture or detention of vessels which, in pursuance of the stipulations of the aforesaid treaty, shall be brought before them. The judges and the arbitrators shall, before they enter upon the duties of their office, respectively make oath before the principal magistrate of the place in which such courts shall respectively reside, that they will judge fairly and faithfully; that they will have no preference either for claimant or for captor; and that they will act in all their decisions in pursuance of the stipulations of the aforesaid treaty. There shall be attached to each of such courts a secretary or registrar, who shall be appointed by the party in whose territories such court shall reside. Such secretary or registrar shall register all the acts of the court to which he is appointed ; and shall, before he enters upon his office, make oath before the court that he will conduct himself with due respect for its authority, and will act with fidelity and impartiality in all matters relating to his office. The salaries of the judges and arbitrators shall be paid by the Gov- ernments by whom they are appointed. The salary of the secretary or registrar of the court to be established in the territories of the United States shall be paid by the United States Government; and that of the secretaries or registrars of the two courts to be established in the territories of Great Britain shall be paid by Her Britannic Majesty. Each of the two Governments shall defray half of the aggregate amount of the other expenses of such courts. Article II. The expenses incurred by the officer charged with the reception, main- E XP en,ea tenance, and care of the detained vessel, negroes, and cargo, and with the execution of the sentence, and all disbursements occasioned by bringing a vessel to adjudication, shall, in case of con- demnation, be defrayed from the funds arising out of the sale of the GEEAT BEITAIN, 1862. 397 materials of the vessel, after the vessel shall have been broken up, of the ship's stores, and of such parts of the cargo as shall consist of mer- chandise. And in case the proceeds arising out of this sale should not prove sufficient to defray such expenses, the deficiency shall be made good by the Government of the country within whose territories the adjudication shall have taken place. If the detained vessel shall be released, the expenses occasioned by bringing her to adjudication shall be defrayed by the captor, Eipcn , e8 0l re . except in the_ cases specified and otherwise provided for i*""*™"" 1 - under Article' VII of the treaty to which these regulations form an annex, and under Article VII of these regulations. Article III. The mixed courts of justice are to decide upon the legality of the detention of such vessels as the cruisers of either nation ^^ . tiriBdirtion shall detain in pursuance of the said treaty. The said courts shall adjudge definitively, and without appeal, all ques- tions which shall arise out of the capture and detention of such vessels. The proceedings of the courts shall take place as summarily as possi- ble ; and for this purpose the courts are required to decide D ed8ion9 each case, as far as may be practicable, within the space of twenty days, to be dated from the day on which the detained vessels shall have been brought into the port where the deciding court shall reside. The final sentence shall not in any case be delayed beyond the period of two months, either on account of the absence of witnesses _ ,, ' . .-, tj_'j? Final sentence. or for any other cause, except upon the application 01 any of the parties interested ; but in that case, upon such party or parties giving satisfactory security that they will take upon themselves the ex- pense and risks of the delay, the courts may, at their discretion, grant an additional delay, not exceeding four months. Either party shall be allowed to employ such counsel as he may think fit, to assist him in the conduct of his cause. All the acts and essential parts of the proceedings of the said courts shall be committed to writing and be placed upon record. Article IV. The form of the process, or mode of proceeding to judg- Modeo f procedure men t, shall be as follows : <*««.«,..«». The judges appointed by the two Governments, respectively, shall in the first place proceed to examine the papers of the detained vessel, and shall take the depositions of the master or commander, and of two or three, at least, of the principal individuals on board of such vessel ; and shall also take the declaration on oath of the captor, if it should appear to them necessary to do so, in order to judge and to pronounce whether the said vessel has been justly detained or not, according to the stipu- lations of the aforesaid treaty, and in order that, according to such judg- ment, the vessel may be condemned or released. In the event of the two judges not agreeing as to the sentence which they ought to pro^ nounce in any case brought before them, whether with respect to the legality of the detention, or the liability of the vessel to condemuation, or as to the indemnification to be allowed, or as to any other question which may arise out of' the said capture, or in case any difference of opinion should arise between them as to the mode of proceeding in the 398 TREATIES AND CONVENTIONS. said court, they shall draw by lot the name of one of the two arbitrators so appointed as aforesaid, which arbitrator, after having considered the proceedings winch have taken place, shall consult with the two judges on the case ; and the final sentence or decision shall be pronounced con- formably to the opinion of the majority of the three. Article V. If the detained vessel shall be restored by the sentence of the court, proved™, ir «v the vessel and the cargo, in the state in which they shall ■""ed."" ' re " then be found, (with the exception of the negroes found on board, if such negroes shall have been previously disembarked under the provisions of Articles IV and V of the instructions annexed to the treaty of this date,) shall forthwith be given up to the master, or to the person who represents him ; and such master or other person may, before the same court, claim a valuation of the damages which he may have a right to demand. The captor himself, and, in bis default, his Govern- ment, shall remain responsible for the damages to which the master of such vessel, or the owners either of the vessel or of her cargo, may be pronounced to be entitled. The two high contracting parties bind themselves to pay, within the term of a year from the date of the sentence, the costs and damages which may be awarded by the court ; it being mutually agreed that such costs and damages shall be paid by the Government of the country of which the captor shall be a subject. Article VI. If the detained vessel shall be condemned, she shall be declared law- Pr-ceeo-i 9 when ^ P r i ze ; together with her cargo, of whatever description detainedvesseiiacon- it may be, with the exception of the negroes who shall have been brought on board for the purpose of trade ; and the said vessel, subject to the stipulations in the Vlllth article of the treaty of this date, shall, as well as her cargo, be sold by public sale for the profit of the two Governments, subject to the payment of the expenses hereinafter mentioned. The negroes who may not previously have been disembarked shall receive from the court a certificate of emancipation, and shall be de- livered over to the Government to whom the cruiser which made the capture belongs, in order to be forthwith set at liberty. Article VII. The mixed courts of justice shall also take cognizance of, and shall Da maB e S decide definitively and without appeal, all claims for com- pensation on account of losses occasioned to vessels and cargoes which shall have been detained under the provisions of this treaty, but which shall not have been condemned as legal prize by the said courts ; and in all cases wherein restitution of such vessels and cargoes shall be decreed, save as mentioned in the Vllth article of the treaty to which these regulations form an annex, and in a subsequent part of these regulations, the court shall award to the claimant or claimants, or to his or their lawful attorney or attorneys, for his or their use, a just and complete indemnification for all costs of suit, and for all losses and damages which the owner or owners may have actually sus- GEE AT BRITAIN, 1862. 399 tained by such capture and detention ; and it is agreed that the indem- nification shall be as follows :. First. In case of total loss, the claimant or claimants shall be indem- nified — (A.) For the ship, her tackle, equipment, and stores. (B.) For all freights due and payable. (C.) For the value of the cargo of merchandise, if any, deducting all charges and expenses which would have been payable upon the sale of such cargo, including commission of sale. (D.) For all other regular charges in such case of total loss. Secondly. In all other cases (save as hereinafter mentioned) not of total loss, the claimant or claimants shall be indemnified — (A.) For all special damages and expenses occasioned to the ship by the detention, and for loss of freight, when due or payable. (B.) For demurrage when due, according to the schedule annexed to the present article. (0.) For any deterioration of the cargo. (D.) For all premium of insurance on additional risks. The claimant or claimants shall be entitled to interest at the rate of 5 (five) per cent, per annum on the sum awarded, until such sum is paid by the Government to which the capturing ship belongs. The whole amount of such indemnifications shall be calculated in the money of the country to which the detained vessel belongs, and shall be liquidated at the exchange current at the time of the award. The two high contracting parties, however, have agreed, that if it shall be proved to the satisfaction of the judges of the two Demum e nations, and without having recourse to the decision of an arbitrator, that the captor bas been led into error by the fault of the master or commander of the detained vessel, the detained vessel in that case shall not have the right of receiving, for the time of her detention, the demurrage stipulated by the present article, nor any other compensation for losses, damages, or expenses consequent upon such detention. 'Schedule of demurrage or daily allowance for a vessel of — 100 tons to 120, inclusive £5 per diem 121 ' ' 150, 151 ' ' 170, 171 ' ' 200, 201 < ' 220, 221 < 250, 251 ' < 270, 271 ' ' 300, " ...-. 10 " " 11 " " : 12 " " 14 " " 15 And so on in proportion. Article VIII. : ^Neither the judges, nor the arbitrators, nor the secretaries or regis- trars of the mixed courts of justice, shall demand or receive Judges registrar8 from any of the parties concerned in the cases which shall f r ^ e ° i t v V ft J , e x n ' i be brought before such courts any emolument or gift, under any pretext whatsoever, for the performance of the duties which such judges, arbitrators, and secretaries or registrars have to perform. Article IX. The two high contracting parties have agreed that, in the event of the death, sickness, absence on leave, or any other legal im- Tlcancie , pediment of one or more of the judges or arbitrators com- 400 TREATIES AND CONVENTIONS. posing the above-mentioned courts, respectively, the post of such judge or arbitrator shall be supplied, ad interim, in the following manner: First. On the part of the United States, and in that court which shall sit within their territories : If the vacancy be that of the United States judge, his place shall be filled by the United States arbitrator ; and either in that case, or in case the vacancy be originally that of the United States arbitrator, the place of such arbitrator shall be filled by the judge of the United States for the southern district of ]STew York ; and the said court, so constituted as above, shall sit, and, in all cases brought before them for adjudication, shall proceed to adjudge the same and pass sen- tence accordingly. Secondly. On the part of the United States of America, and in those courts which shall sit within the possessions of Her Britannic Majesty: If the vacancy be that of the United States judge, his place shall t>e filled by the United States arbitrator ; and either in that case, or in case the vacancy be originally that of the United States arbitrator, his place shall be filled by the United States Consul, or, in the unavoidable absence of the Consul, by the United States Vice-Consul. In case the vacancy be both of the United States judge and of the United States arbitrator, then the vacancy of the judge shall be filled by the United States Consul, and that of the United States arbitrator by the United States Vice-Consul. But if there be no United States Consul or Vice- Consul to fill the place of the United States arbitrator, then the British arbitrator shall be called in in those cases in which the United States arbitrator would be called in ; and in case the vacancy be both of the United States judge and of the United States arbitrator, and there be neither United States Consul nor Vice-Consul to fill ad interim the vacancies, then the British judge and the Brish arbitrator shall sit, and, in all cases brought before them for adjudication, shall proceed to ad- judge the same and pass sentence accordingly. Thirdly. On the part of Her Britannic Majesty, and in those courts which shall sit within the possessions of her said Majesty : If the vacancy be that of the British judge, his place shall be filled by the British arbi- trator; and either in that case, or in case the vacancy be originally that of the British arbitrator the place of such arbitrator shall be filled by the Governor or Lieutenant Governor resident in such possession.; in his unavoidable absence, by the principal magistrate of the same ; or in the unavoidable absence of the principal magistrate, by the secretary of the Government; and the said court so constituted as above, shall sit, and, in all cases brought before it for adjudication, shall proceed to adjudge the same, and to pass sentence accordingly. Fourthly. On the part of Great Britain, and in that court which shall sit within the territories of the Unites States of America : If the vacancy- be that of the British judge, his place shall be filled by the British arbi- trator; and either in that case or in case the vacancy be originally that of the British arbitrator, his place shall be filled by the British Consul; or in the unavoidable absence of the Consul, by the British Vice-Consul; and in case the vacancy be both of the British judge and of the Brit- ish arbitrator, then the vacancy of the British judge shall be filled by the British Consul, and that of the British arbitrator by the British Vice- Consul. But if there be no British Consul or Vice-Consul to fill the place of British arbitrator, then the United States arbitrator shall be called in in those cases in which the British arbitrator would be called in; and in case the vacancy be both of the British judge and of the British arbitrator, and there be neither British Consul nor Vice-Consul to fill ad interim the vacancies, then the United States judge and ar- GREAT BRITAIN, 1863. 401 bitrator shall sit, and, in all cases brought before them for adjudication, shall proceed to adjudge the same, and pass sentence accordingly. The chief authority of the place in the territories of either high con- tracting party where the mixed courts of iustice shall sit, , t. . ,-, v , n • • .,-» n .-, -i Notice of vacancy. shall, in the event of a vacancy arising, either of the judge or the arbitrator of the Other high contracting party, forthwith give notice of the same by the most expeditious method in his power to the Government of that other high contracting party, in order that such vacancy may be supplied at the earliest possible period. And each of the high contracting parties agrees to supply definitively, as soon as possible, the vacancies which may arise in the above-men- tioned courts from death, or from any other cause whatever. The undersigned Plenipotentiaries have agreed, in conformity with the Xlth article of the treaty signed by them on this day, that the preceding regulations shall be annexed to the said treaty and considered an integral part thereof. Done at Washington the seventh day of April, in the year of our Lord one thousand eight hundred and sixtv-two. • WILLIAM H. SEWAED. [l. s.] LYONS. [l. s.] GEEAT BEITAIN, 1863. ADDITIONAL ARTICLE TO THE TREATY FOR THE SUPPRESSION OF THE AFRICAN SLAVE TRADE, BETWEEN THE UNITED STATES OF AMERICA AND HER BRITANNIC MAJESTY, OF THE 7th OF APRIL, 1862. CON- CLUDED FEBRUARY 17, 1863; RATIFICATIONS EXCHANGED APRIL 1,1863; PROCLAIMED APRIL 22, 1863. Whereas, by the first article of the treaty between the United States of America and Her Majesty the Queen of the United King- , dom of Great Britain and Ireland, for the suppression of *S IT'oiSn the African slave trade, signed at Washington on the 7th of April, 1862, it was stipulated and agreed that those ships of the re- spective navies of the two high contracting parties which shall be pro- vided with special instructions 'for that purpose as thereinafter men- tioned, may visit such merchant vessels of the two natious as may, upon reasonable grounds, be suspected of being engaged in the African slave trade, or of having been fitted out for that purpose, or of having, during the voyage on which they are met by the said cruisers, been engaged in the African slave trade contrary to the provisions of the said treaty ; and that such cruisers may detain and send or carry away such vessels in order that they may be brought to trial in the manner thereinafter agreed upon ; and whereas it was by the said article further stipulated and agreed that the reciprocal right of search and detention should be exercised only within the distance of two hundred miles from the coast of Africa, and to the southward of the thirty-second parallel of north lati- tude, and within thirty leagues from the coast of the island of Cuba ; and wbereas the two high contracting parties are desirous of rendering the said treaty still more efficacious for its purpose : The Plenipotentia- ries who signed the said treaty have, in virtue of their full powers, agreed that the reciprocal right of visit and detention, as defined in the article 402 TREATIES AND CONVENTIONS. aforesaid, may be exercised also within thirty leagues of the island of Madagascar, -within thirty leagues of the island of Puerto Bico, and ■within thirty leagues of the island of San Domingo. The present additional article shall have the same foree and validity as if it had been inserted word for word in the treaty con- Effect eluded between the two high contracting parties on the 7th of April, 1802, and shall have the same duration as that treaty. It shall be ratified; and the ratifications shall be exchanged at London in six months from this date, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have thereunto affixed the seal of their arms. Done at Washington the 17th day of February, in the year of our Lord one thousand eight hundred and sixty-three. WILLIAM H. SEWARD, [l. s. LYONS. II. s. GEEAT BEITAIN, 1803. TEEATY FOE THE FINAL SETTLEMENT OF THE CLAIMS OF THE HUDSON'S BAY AND PUGET'S SOUND AGEICULTUEAL COMPANIES BETWEEN THE UNITED STATES OF AMEEICA AND HEE BEITANNIC MAJESTY. CON- CLUDED JULY 1, 1863; EATIFICATIONS EXCHANGED MAECH 3, 1864; PEOCLAIMED MAECH 5, 1864. The United States of America and Her Majesty the Queen of the contract ' a ,tie S tT nrte< l Kingdom of Great Britain and Ireland, being desir- ous to provide for the final settlement of the claims of the Hudson's Bay and Puget's Sound Agricultural Companies, specified in Articles III and IV of the treaty concluded between the United States of America and Great Britain on the 15th of June, 1840, have resolved to conclude a treaty for this purpose, and have named as their Pleni- potentiaries, that is to say : The President of the United States of America, William H. Seward, Secretary of State ; and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Eight Honorable Eichard Bickerton Pemell, Lord Lyons, a peer of her United Kingdom, a Knight Grand Cross of her most honorable Order of the Bath, and her Envoy Extraor- dinary and Minister Plenipotentiary to the United States of America; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles: Article I. Whereas by the Hid and IVth articles of the treaty concluded at . Washington on the 15th day of June, 1846, between the Commissioners to TT - .. -, Y*. . j? a • -, ■> rT -» _' ' ^ v " ^^"- v s„ami„e ci»ims of United States of America and Her Majesty the Queen of pujef. sound A B ri- the United Kingdom of Great Britain and Ireland, it was stipulated and agreed that in the future appropriation of the territory south of the 49th parallel of north latitude, as provided in the first article of the said treaty, the possessory rights of the Hudson's Bay Company, and of all British subjects who may be already in the occupation of land or other property lawfully acquired within the said territory, should be respected, and that the farms, lands, and other GREAT BRITAIN, 1863. 403 property of every description, belonging to the Puget's Sound Agricul- tural Company, on the north side of the Columbia Kiver, should be con- firmed to the said company, but that in case the situation of those farms and lauds should be considered by the United State® to be of public and political importance, and the United States Government should signify a desire to obtain possession of the whole or of any part thereof, the property so required should be transferred to the said Gov- ernment at a proper valuation to be agreed upon between the parties; And whereas it is desirable that all questions between the United States authorities on the one hand, and the Hudson's Bay and Puget's Sound Agricultural Companies on the other, with respect to the pos- sessory rights and claims of those companies, and of any other British subjects in Oregon and Washington Territory, should be settled by the transfer of those rights and claims to the Government of the United States for an adequate money consideration: It is hereby agreed that the United States of America and Her Bri- tannic Majesty shall, within twelve months after the exchange of the ratifications of the present treaty, appoiut each a Commissioner for the purpose of examining and deciding upon all claims arising out of the provisions of the above quoted articles of the treaty of June 15, 1846. Article II. The Commissioners mentioned in the preceding article shall, at the earliest convenient period after they shall have been re- Where C ommi„- spectively named, meet at the city of Washington, S n ^" w a S b 'e S in the District of Columbia, and shall, before proceeding to fied - any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judg- ment, and according to justice and equity, without fear, favor, or affec- tion to their own country, all the matters referred to them for their decision, and such declaration shall be entered on the record of their proceedings. The Commissioners shall then proceed to namean Arbitrator or Umpire to decide upon any case or cases on which they may differ in opinion ; and if they cannot agree in the selection, the said Arbitrator or Umpire shall be appointed by the King of Italy, whom the two high contracting parties shall invite to make such appointment, and whose selection shall be conclusive on both parties. The person so to be chosen shall, before proceeding to act, make and subscribe a sol- emn declaration, in a form similar to that which shall already have been made and subscribed by the Commissioners, which declaration shall also be entered on the record of the proceedings. In the event of •the death, absence, or incapacity of such person, or of his VaCMCjr in office omitting or declining or ceasing to act as such Arbitrator or ° fUm " i " i - Umpire, another person shall be named, in the manner aforesaid, to act in his place or stead, and shall make and subscribe such declaration as ■ aforesaid. The United States of America and Her Britannic Majesty engage t'o» consider the decision of the two Commissioners conjointly, or of the Arbitrator or Umpire, as the case may be, as final and conclusive on the matters to be referred to their decision, and forth- with to give full effect to the same. 404 TREATIES AND CONVENTIONS. Article III. The Commissioners and the Arbitrator or Umpire shall keep accurate records and correct minutes or notes of all their proceed- ings, with the dates thereof, and shall appoint and employ such clerk or clerks or other persons as they shall find necessary to assist them in the transaction of the business which may come before them. The salaries of the Commissioners and of the clerk or clerks shall he paid by their respective Governments. The salary of the Arbitrator or Umpire and the contingent expenses shall be defrayed in equal moieties by the two Governments. Article IV. All sums of money which may be awarded by the Commissioners, or Award. of commis- hy the Arbitrator or Umpire, on account of any claim, shall doners. ^ e -paid by the one Government to the other in two equal annual instalments, whereof the first shall be paid within twelve months after the date of the award, and the second within twenty-four months after the date of the award, without interest, and without any deduc- tion whatever. Article V. The present treaty shall be ratified, and the mutual exchange of rati- fications shall take place in Washington, in twelve months Ratifications. n ,-, -1,1 <■ -i • -n •it from the date hereof, or earlier if possible. In faith whereof we, the respective Plenipotentiaries, have signed this treaty, and have hereunto affixed our seals. Done in duplicate at Washington, the first day of July, anno Domini one thousand eight hundred and sixty-three. WILLIAM H. SEWAED. LYONS. AWAED. At a meeting of the Commissioners under the treaty of July 1st, 1863, between the United States of America and Her Britannic Majesty, for the final settlement of the claims of the Hudson's Bay and Puget's Sound Agricultural Companies, held at the city of Washington, on the 10th day of September, 1869— Present: Alexander S. Johnson, Commissioner on the part of the United States of America; John Eose, Commissioner ou the part of Her Britannic Majesty. The Commissioners having heard the allegations and proofs of the respective parties, and the arguments of" their respective counsel, and duly considered the same, do determine and award that, as the ade- quate money consideration for the transfer to the United States of America of all the possessory rights and claims of the Hudson's Bay Company, and of the Puget's Sound Agricultural Company, under the first article of the treaty of July 1st, 1863, and the third and fourth arti- cles of the treaty of June 15, 184G, commonly called the Oregon treaty, and iu full satisfaction of all such rights and. claims, there ought to be paid in gold coin by the United States of America, at the times and in GREAT BRITAIN, 1870. 405 the manner provided by the fourth article of the treaty of July 1, 1SG3, on account of the possessory rights and claims of the Hudson's Bay Company, four hundred and fifty thousand dollars ; and on account of the" possessory rights and claims of the Puget's Sound Agricultural Company, the sum of tw<* hundred thousand dollars; and that at or before the time fixed for the first payment to be made in pursuance of the treaty and of this award, each of the said companies do execute and deliver to the United States of America a sufficient deed or transfer and release to the United States of America, substantially in the form hereunto annexed. In testimony whereof we, the said Commissioners, have set our hands to this award in duplicate, on the day and year and at the place afore- said. ALEXANDER S. JOHNSON, Commissioner on the pari of the United States. JOHN EOSE, Commissioner on the part of Her Britannic Majesty. GEEAT BRITAIN, 1870. CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN, REL- ATIVE TO NATURALIZATION. CONCLUDED MAY 13, 1870 ; RATIFICATIONS EXCHANGED AUGUST 10, 1870 ; PROCLAIMED SEPTEMBER 16, 1870. ' The President of the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being desirous to regulate the citizenship of citizens of the United States of America who have emigrated or who may em- igrate from the United States of America to the British dominions, and of British subjects who have emigrated or who may emigrate from the British dominions to the United States of America, have resolved to conclude a convention for that purpose, and have named as their Pleni- potentiaries, that is to say: The President of the United States of America, John Lothrop Motley, Esquire, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to Her Britannic Majesty; and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Hon- ourable George William Frederick, Earl of Clarendon, Baron Hyde of Hiudon, a peer of the United Kingdom, a member of Her Britannic Majesty's most honourable Privy Council, Knight of the most noble Order of the Garter, Knight Grand Cross of the most honourable Order of the Bath, Her Britannic Majesty's Principal Secretary of State for Foreign Affairs ; Who, after having communicated to each other their respective full powers, found to be in good and -due form, have agreed upon and con- cluded the following articles : Article I. Citizens of the United States of America who have be- Ci „ zens of eithBr come, or shall become, and are naturalized according to law S3\ v h h ™ to na b t e ' within the British dominions as British subjects, shall, sub- malizeJ - ject to the provisions of Article II, be held by the United States to be 406 TREATIES AND CONVENTIONS. / in all respects and for all purposes British subjects, and shall be treated as such by the United States. Eeciprocally, British subjects who have become, or shall become, and are naturalized according to law within the United States of America as citizens thereof, shall, subject to the provisions of Article II, be held by Great Britain to be in all respects and for all purposes citizens of the United States, and shall be treated as such by Great Britain. ^ Article II. Naturalization may Such citizens of the United States as aforesaid who have be re„om, C ed, ir, &c. become an d are naturalized within the dominions of Her Britannic Majesty as British subjects, shall be at liberty to renounce their naturalization and to resume their nationality as citizens of the United States, provided that such renunciation be publicly declared within two years after the exchange of the ratifications of the present convention. Such British subjects as aforesaid who have become and are natural- ized as citizens within the United States, shall be at liberty to renounce their naturalization and to resume their British nationality, provided that such renunciation be publicly declared within two years after the twelfth day of May, 1870. The manner in which this renunciation may be made and publicly declared shall be agreed upon by the Governments of the respective countries. Article III. If any such citizen of the United States as aforesaid, reLeMe™™*^'!? naturalized within the dominions of Her Britannic Majesty, restored"'^ 5, ritLn 6 should renew his residence in the United States, the United cjafm to e b"'m a ade fo° States Government may, on his own application and on such for°m b /r co,f naturauza' conditions as that Government may think fit to impose, re- admit him to the character and privileges of a citizen of the United States, and Great Britain shall not, in that case, claim him as a British subject on account of his former naturalization. In the same manner, if any such British subject as aforesaid natural- ized in the United States should renew his residence within the domin- ions of Her Britannic Majesty, Her Majesty's Government may, on his own application and on such conditions as that Government may think fit to impose, re-admit him to the character and privileges of a British subject, and the United States shall not, in that case, claim him as a citizen of the United States on account of his former naturalization. Article IV. The present convention shall be ratified by the President Rauacation, q{ the Uri ited States, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty, and the ratifications shall be exchanged at London as soon as may be within tAvelve months from the date hereof. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at London the thirteenth day of May, in the year of our Lord one thousand eight hundred and seventy. JOHX LOTHEOP MOTLEY. CLABENDGN. SEAL. SEAL. GREAT BRITAIN, 1870. 407 GEEAT BEITAIN, 1870, ADDITIONAL CONVENTION TO THE TREATY OF APRIL 7, 1862, BETWEEN THE UNITED STATES AND GREAT BRITAIN, RESPECTING THE AFRICAN SLAVE TRADE. CONCLUDED JUNE 3, 1870; RATIFICATIONS EXCHANGED AUGUST 10, 1870 ; PROCLAIMED SEPTEMBER 16, 1870. The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, having come to the con- clusion that it is no longer necessary to maintain the three mixed courts of justice established at Sierra Leone, at the Cape of Good Hope, and at New York, in pursuance of the treaty concluded afc Washington on the 7th day of April, 1862, for the suppression of the African slave trade, they have resolved to conclude an additional convention for the purpose of making the requisite modifications of the said treaty, and have named as their Plenipotentiaries, that is to say : The President of the United States of America, Hamilton Fish, Secretary of State, and Her Majesty the Queen of the United Kingdom of Great Britain aud Ireland, Edward Thornton, Esquire, Companion of the Order of the Bath, and Her Envoy Extraordinary and Minister Plenipotentiary to the United States of America ; Who, after haviug communicated to each other their respective full powers, found in good aud due form, have agreed upon and concluded the following articles : Article I. Everything contained in the treaty concluded at Washington on the 7th of April, 1862, between the United States of America ynatim remvetQ and Her Majesty the Queen of the United Kingdom of Great ™ i « id ■*»"•<«• Britain and Ireland, for the suppression of the African slave trade, and in the annexes A and B thereto, whi^h relates to the establishment of three mixed courts of justice at Sierra Leone, at the Cape of Good Hope, and at New Tork, to hear and decide all cases of capture of ves- sels which may be brought before them as having been engaged in the African slave trade, or as having been fitted out for'the purposes there- of, as well as to the composition, jurisdiction, aud mode of procedure of such courts, shall cease and determine as regards the said mixed courts, from and after the exchange of the ratifications of the present additional convention, except in so far as regards any act or proceeding done or taken in virtue thereof, before this additional convention shall be officially communicated to the said mixed courts of justice. The said courts shall nevertheless have the power, and it shall be their duty, to proceed with all practicable despatch to the final determination of all causes and proceedings which may be pending and undetermined in them, or either of them, at the 'time of receiving notice of the ratifica- tion of this convention. Article II. The jurisdiction heretofore exercised by the said mixed courts in pur- suance of the provisions of the said treaty shall, after the j uri , d ict,on of exchange of the ratifications of the present additional con- mixed courts vention, be exercised by the courts of one or the other of the high con- tracting parties according to their respective modes of procedure in matters of maritime prize; and all the provisions of the said treaty with regard to the sending or bringing in of captured vessels for adjudication 408 TREATIES AND CONVENTIONS. before the said mixed courts, and with regard to the adjudication of such vessels by the said courts, and the rules of evidence to be applied and the proceedings consequent on such adjudication, shall apply, mutatis mutandis, to the courts of the high contracting parties. It is, however, provided that there may be an appeal from the decision of any court of the high contracting parties, in the same manner as by the law of the country where the court sits is allowed in other cases of maritime prize. Article JIL It is agreed that in case of an American merchant vessel searched by pi.po.iii of v 88B ei a British cruiser being detained as having been engaged in detained aa a aiaver. ^g African slave trade, or as having been fitted out for the purposes thereof, she shall be sent to New York or Key West, which- ever shall be most accessible for adjudication, or shall be handed over to an United States cruiser, if one should be available in the neighbor- hood of the capture ; and that in the corresponding case of a British merchant vessel searched by an United States cruiser being detained as having been engaged in the African slave trade, or as having been fitted out for the purposes thereof, she shall be sent for adjudication to the . nearest or most accessible British colony, or shall be handed over to a British cruiser, if one should be available in the neighborhood of the capture. All the witnesses and proofs necessary to establish the guilt of the Disposal of proofs, master, crew, or other persons found on board of any such &c ■• vessel, shall be sent and handed over with the vessel itself, in order to be produced to the court before which such vessel or persons may be brought for trial. All negroes or others (necessary witnesses excepted) who may be on board either an American or a British vessel for the purpose of being consigned to slavery, shall be handed over to the nearest British an- ' thority. They shall be immediately set at liberty, and shall remain free, Her Britannic Majesty guaranteeing their liberty. With regard to such of those negroes or others as may be sent in with the detained vessel as necessary witnesses, the Government to which they may have been delivered shall set_ them at liberty as soon as their testimony shall no longer be required", and shall guarantee their liberty. Where a detained vessel is handed over to a cruiser of her own na- tion, an officer in charge, and other necessary witnesses and proofs, shall accompany the vessel. Article IV. It is mutually agreed that the instructions for the ships of the navies of both nations destined to prevent the African slave trade, which are annexed to this convention, shall form an integral part thereof, and shall have the same force and effect as if they had been annexed to the treaty of, the 7th of April, 1862, in lieu of the instructions forming annex A to that treaty. t Article V. / In all other respects the stipulations of the treaty of April 7, 1862, shall remain in full force and effect until terminated by notice given by one of the high contracting parties to the other, in the manner pre- scribed by Article XU thereof. GREAT BRITAIN, 1870. 409 Article VI. The high contracting parties engage to communicate the present con- vention to the mixed courts of justice, and to the officers in command of their respective cruisers, and to give them the requisite instructions in pursuance thereof, with the least possible delay. Article VII. The present additional convention shall have the same Ducati0 „ duration as the treaty of the 7th of April, 1862, and the additional article thereto of the 17th of February, 1863. It shall beratified, and' the ratifications shall be exchanged at London as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at Washington the third day of June, in the year of our Lord one thousand eight hundred and seventy. HAMILTON FISH. ED WD. THOENTON. SEAL. SEAL. ANNEX TO THE ADDITIONAL CONVENTION BETWEEN THE UNITED STATES , OF AMERICA AND GREAT BRITAIN, FOR THE SUPPRESSION OF THE AFRI- | CAN 'SLAVE TRADE. SIGNED AT WASHINGTON ON THE THIRD DAY OF JUNE, 1870. Instructions for the ships of the United States and British navies employed to prevent the African slave trade. Article I. The commander of any ship belonging to the United States or British navy, which shall be furnished with these instructions, shall r . htof>eiirch have aright to search and detain any United States or British merchant vessels which shall be actually engaged, or suspected to be en- gaged, in the African slave trade, or to be fi tted ou t for the purposes there- of, or to have been engaged in such trade during the voyage in which she may be met with by such ship of the United States or British navy ; and such commander shall thereupon bring or send such merchant vessel (save in the case provided for in Article V of these instructions) as soon as possible for judgment, in the manner provided by Article III of the additional convention of this date, that is to say : In the case of an American vessel searched aud detained as aforesaid by a British cruiser, she shall be sent to New York or Key West, which- ever shall be most accessible, or be handed over to an United States cruiser, if one should be available in the neighborhood of the capture. In the case of a British vessel searched and detained as aforesaid by an United States cruiser, she shall be sent to the nearest or most acces- sible British colony, or shall be handed over to a British cruiser, if one should be available in the neighborhood of the capture. Article II. Whenever a ship of either of the two navies, duly authorized as afore- said, shall meet a merchant vessel liable to be searched under ' „ , „ „ . ., .. r-./»rv -i n Conduct of search, the provisions of the treatv of the 7th of Annl, 1862, and of 410 TREATIES AND CONVENTIONS. this additional convention, the search shall be conducted with the courtesy and consideration which ought to be observed between allied and friendly nations ; and the search shall, in all cases, be made by an officer holding a rank not lower than that of lieutenant in the navy, or by the officer who at the time shall be second in command of the ship by which such search is made. Article IIT. The commander of any ship of the two navies, duly authorized as Action ™ ca=e of aforesaid, who may detain any merchant vessel in pursuance detention. of the tenor of the present instructions, shall leave on board the vessel so detained the master, the mate, or boatswain, two or three at least of the crew, and all the cargo. The captor shall at the time of detention draw up in writing a declaration which shall exhibit the state hi which he found the detained vessel ; such declaration shall be signed by himself, and shall be given or sent in with the detained vessel to be produced as evidence in the proper court. He shall deliver to the mas- ter of the detained vessel a signed and certified list of the papers found on board the same, as well as a certificate of the number of negroes or other persons destined for slavery who may have been found on board at the moment of detention. In the declaration which the captor is hereby required to make, as well as in the certified list of the papers seized, and in the certificate of the number of negroes or others destined for slavery who may be found on board the detained vessel, he shall insert his own name ancl surname, the name of the capturing ship, and the latitude and longitude of the place where the detention shall have been made. The officer in charge of the detained vessel shall, at the time of deliv- ering the vessel's papers and the certificate of the commander into court, deliver also a certificate, signed by himself, and verified on oath, stating any changes which may have taken place in respect to the vessel, her crew, and her cargo, between the time of her detention and the time of delivering in such paper. Where a detained vessel is handed over to a cruiser of her own nation, an officer in charge, and other necessary witnesses and proofs, shall ac- company the vessel. Article IV. • All the negroes or others (necessary witnesses excepted) who may be witness on board either an American or a British detained vessel, for the purpose of being consigned to slavery, shall be handed over by the commander of- the capturing ship to the nearest British authority. Article V. In case any merchant vessel detained in pursuance of the present in- c»e or .„«.. structions should prove to be uuseaworthy, or in such acon- W orthy vessel. dition as not to be taken in for adjudication as directed by the additional convention of this date, the commander of the detaining cruiser may take upon himself the responsibility of abandoning or destroying her, provided the exact causes which made such, a step impera- tively necessary be stated in a certificate verified on oath. Such cer- tificate shall be drawn up and formally executed by him in duplicate at the time, and shall be received as prima facie evidence of the facts therein stated, subject to rebuttal by counter proof. In case of the abandonment or destruction of a detained vessel, the GREAT BRITAIN, 1871. 411 master and crew, together with the papers found on board, and other necessary proofs and witnesses, and one of the certificates mentioned in the preceding paragraph of this article, shall be sent and delivered at the earliest possible moment to the proper court before which the vessel would otherwise have been sent. Upon the production of the said cer- tificate, the court may proceed to adjudicate upon the detention of the vessel in the same manner as if the vessel had been sent in. The negroes or others intended to be consigned to slavery shall be handed over to the nearest British authority. The undersigned Plenipotentiaries have agreed, in conformity with the IVth Article of the additional convention, signed by them on this day, that the present instructions shall be annexed to the said conven- tion, and be considered an integral part thereof. Done at Washington the third day of June, in the year of our Lord one thousand eight hundred and seventy. HAMILTON PISH. ED WD. THORNTON. SEAL. SEAL. GEEAT BEITAIN, 1871. SUPPLEMENTAL CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN, CONCERNING THE RENUNCIATION OP NATURALIZATION IN CER- TAIN CASES. SIGNED PEBRUARY 23, 1871; RATIFICATIONS EXCHANGED MAY 4, 1871 ; PROCLAIMED MAY 5, 1871. Whereas by the second article of the convention between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, for regulating the citizenship of citizens and subjects of the contracting parties who have emigrated or may emigrate, from the dominions of the one to those of the other party, signed at London, on the 13th of May, 1870, it was stipulated that the manner in which the renunciation by such citizens and subjects of their naturalization, and the resumption of their native allegiance may be made and publicly declared, should be agreed upon by the Gov- ernments of the respective countries, the President of the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, for the purpose of effecting such agreement, have resolved to conclude a supplemental convention, and have named as their Plenipotentiaries, that is to say, the President of the United States of America, Hamilton Pish, Secretary of State, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir Ed- ward Thornton, Knight Commander of the Most Honorable Order, of the Bath, and her Envoy Extraordinary and Minister Plenipotentiary to the United States of America ; who have agreed as follows : Article I. Any person, being originally a citizen of the United States, who had previously to May 13th, 1870, been naturalized as a British cet n dtos subject, may, at anytime before August 10th, 1872, and any ^™ t b « ct „ s a °^ e e 5 British subject who, at the date first aforesaid, had been "J^",*?;™^; naturalized as a citizen within the United States, may, at any j^^ 1 "" 1 in " h « time before May 12th, 1872, publicly declare his renuncia- tion of such naturalization by subscribing an instrument in writing, sub- stantially in the form here unto appended, and designated as Annex A. 412 TREATIES AND CONVENTIONS. Such renunciation, by an original citizen of the United States, of Brit- n with™ the united isn nationality, shall, within the territories and jurisdiction states. ' f th e Tjiritecl States^ be made in duplicate, in the presence of any court authorized by law for the time being to admit aliens to nat- uralization, or before the clerk or prothonotary of any such niLy'TtVvJSi court: if the declarant be beyond the territories of the Uni- ted States, it shall be made in duplicate, before any diplo- matic or consular officer of the United States. One of such duplicates • Renunciation, how shall remain of record in the custody of the court or officer to be made. j n ^flogg, presence it was made ; the other shall be, without delay, transmitted to the Department of State. Such renunciation, if declared by an original British subject, of his if » the united acquired nationality as a citizen of the United States, shall, Kingdom. jf t he a ec i aran t be in the United Kingdom of Great Britain and Ireland, be made in duplicate, in the presence of a justice of the ir elsewhere in u,e peace; if elsewhere in Her Britannic Majesty's dominions, Bntish dominions. i n triplicate, in the presence of any judge of civil or criminal jurisdiction, of any justice of the peace, or of. any other officer for the time being authorized by law, in the place in which the declarant is, to administer an oath for any judicial or other legal purpose : if out of Her Majesty's dominions, in triplicate, in the presence of any officer in the diplomatic or consular service of Her Majesty. Article II. The contracting parties hereby engage to communicate each to the Lists, &c, of per- other, from time to time, lists of the persons who, within their „atStot°on e tl 1, be r respective dominions and territories, or before their diplo- fumished. matic and consular officers, have declared their renunciation of naturalization, with the dates and places of making such declarations, and such information as to the abode of the declarants, and the times and places of their naturalization, as they may have furnished. Article III. The present convention shall be ratified by the President of the Uni- convemion, when ted States, by and with the advice and consent of the Senate to he ratified.' thereof, and by Her Britannic Majesty, and the ratifications shall be exchanged at Washington as soon as may be convenient. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at Washington the twenty- third day of February, in the year of our Lord one thousand eight hundred and seventy-one. SEAL.] HAMILTON" FTSH. seal.] EDWD. THOBNTOK Annex A. I, A. B., of [insert abode], being originally a citizen of the United States of America, [or a British subject,] and having be- or or ™nuS™ '°" come naturalized within the dominions of Her Britannic naturalisation. Majesty as a British subject, [or as a citizen within theUni- ted States of America,] do hereby renounce my naturalization as a Brit- ish subject, [or citizen of the United States,] and declare that it is my desire to resume my nationality as a citizen of the United States, [or British subject.] (Signed) A. B. GREAT BRITAIN, 1871. 413 Made and subscribed to before me, , in [insert country or other subdivision, and State, province, colony, legation, or consulate,] this day of —,187-. (Signed) . E. F., SEAL. SEAL. Justice of the Peace, [or other title.] HAMILTON FISH. ED WD. THORNTON. GREAT BRITAIN, 1871. TREATY BETWEEN THE UNITED STATES AND GREAT BRITAIN RELATIVE TO CLAIMS, FISHERIES, NAVIGATION OF THE ST. LAWRENCE, &c; AMER- ICAN LUMBER ON THE RIVER ST. JOHN; BOUNDARY. CONCLUDED MAY 8, 1871 ; RATIFICATIONS EXCHANGED JUNE 17, 1871 ; PROCLAIMED JULY 4, 1871. The United States of America and Her Britannic Majesty, being de- sirous to provide for an amicable settlement of all causes of difference between the two countries, have for that pur- pose appointed their respective Plenipotentiaries, that is to say : The President of the United States has appointed, on the part of the United States, as Gommissioners in a Joint High Commission and Plenipoten- tiaries, Hamilton Fish, Secretary of State; Robert Gumming Schenck, Envoy Extraordinary and Minister Plenipotentiary to Great Britain ; Samuel Nelson, an Associate Justice of the Supreme Court of the United . States ; Ebenezer Rockwood Hoar, of Massachusetts ; and George Henry Williams, of Oregon ; and Her Britannic Majesty, on her part, has ap- pointed as her High Gommissioners and Plenipotentiaries, the Right Honourable George Frederick Samuel, Earl de Grey and Earl of Ripon, Viscount Goderich, Baron Grantham, a Baronet, a Peer of the United Kingdom, Lord President of Her Majesty's Most Honourable Privy Council, Knight of the Most Noble Order of the Garter, etc., etc. ; the Right Honourable Sir Stafford Henry Northcote, Baronet, one of Her Majesty's Most Honourable Privy Council, a Member of Parliament, a Companion of the Most Honourable Order of the Bath, etc., etc. ; Sir Edward Thornton, Knight Commander of the Most Honourable Order of the Bath, Her Majesty's Envoy Extraordinary and Minister Plenipo- tentiary to the United States of America; Sir John Alexander Mac- donald, Knight Commander of the Most Honourable Order of the Bath, a Member of Her Majesty's Privy Council for Canada, and Minister of Justice and Attorney General of Her Majesty's Dominion of Canada ; and Mountague Bernard, Esquire, Chichele Professor of International Law in the University of Oxford. And the said Plenipotentiaries, after having exchanged their full powers, which were found to be in due and proper form, have agreed to and concluded the following articles : Article I. Whereas differences have arisen between the Government of the Uni- ted States and the Government of Her Britannic Majesty,' m ^^ ^^ and still exist, growing out of the acts committed by the to t te.X™d c to™- several vessels which have given rise to the claims generi- cally known as the '' Alabama Claims :" , 414 TREATIES AND CONVENTIONS. And whereas Her Britannic Majesty has authorized her High Com- missioners and Plenipotentiaries to express, in a friendly spirit, the re- gret felt by Her Majesty's Government for the escape, under whatever circumstances, of the Alabama and other vessels from British ports, and for the depredations committed by those vessels : Now, in order to remove and adjust all complaints and claims on the part of the United States, and to provide for the speedy settlement of Arbitmo^, and such claims which are not admitted by Her Britannic Maj- h°n and in It shall be made in writing and dated, and shall be signed by the Arbitrators who may assent Co it. The said tribunal' shall first determine as to each vessel separately whether Great Britain has, by any actor omission, failed to each v e e™e° "sw'a- fulfil any of the duties set forth in the foregoing three rules, or recognized by the principles of international law not in- . consistent with such rules, and shall certify such fact as to found in fault" "sross each of the said vessels. In case the tribunal find that Great Britain has failed to fulfil any duty or duties as afore- said, it may, if it think proper, proceed to award a sum in gross to be paid by Great Britain to the United States for all the claims When to be paid, o t • •• i ■ i n -it referred to it; and in such case the gross sum so awarded shall be paid in coin by the Government of Great Britain to the Gov- ernment of the United States, at Washington, within twelve months after the date of the award. The award shall be in duplicate, one copy whereof shall be delivered to the Agent of the United States for his Government, and ' dutiSatl to an b d e Jo the other copy shall be delivered to the Agent of Great Brit- „„om delivered. ^ for ^ Govemment Article VIII. Each Government shall pay its own Agent and provide for the proper remuneration of the counsel employed by it and of the Ar- arbitSou" h ow tb o bitrator appointed by it, and for the expense of preparing 1,1 and submitting its case to the tribunal. "All other expenses connected with the arbitration shall be defrayed by the two Govern- ments in equal moieties. GREAT BRITAIN, 1871. 417 Article IX. The Arbitrators shall keep an accurate record of their proceedings, and may appoint and employ theneeessary officers to assist AMtratt , r3 Kkeet them. a record. Article X. * In case the tribunal finds that Great Britain has failed to fulfil any duty or duties as aforesaid, and does not award a sum in gross, the high contracting parties agree that a board of as- aJLun &J?CSd « sessors shall be appointed to ascertain and determine what J«arfed,T !>"«!! °o< claims are valid, and what amount or amounts shall be paid Sld r tod°te™tr5 by Great Britain to the United States on account of the lia- cliiras ' &Cp bility arising from such failure, as to each vessel, according to the ex- tent of such liability as decided by the Arbitrators. The board of assessors shall be constituted as follows : One member thereof shall be named by the President of the United States, one member thereof shall be named by Her Britannic Maj- esty, and one member thereof shall be named by the Bepresentative at Washington of His Majesty the King of Italy ; and in case of a vacancy happening from any cause, it shall be filled in the same manner in which the original appointment was made. As soon as possible after such nominations the board of assessors shall be organized in "Washington, with power to hold their sit- tings there, or in New York, or in Boston. The members Bm ' &t0 ^ t ^"- thereof shall severally subscribe a solemn declaration that Member8 ,„ sub . they will impartially and carefully examine and decide, to " cr,be a declaMi °»- the best of their judgment and according to justice and equity, all mat- ters submitted to them, and shall forthwith proceed, under ^^ powers and such rules and regulations as they may prescribe, to the in- duties - vestigation of the claims which shall be presented to them by the Gov- ernment of the United States, and shall examine and decide upon them in such order and manner as they may think proper, but upon such evi- dence or information only as shall be furnished by or on behalf of the Governments of the United States and of Great Britain, respectively. They shall be bound to hear on each separate claim, if required, one per- son on behalf of each Government, as counsel or agent. A A m ^ or ^ 7 10 de . majority of the Assessors in each case shall be sufficient for cide a decision. The decision of the Assessors shall be given upon each claim in writing, and shall be signed by them respectively "•^"K'i"'^ and dated. Every claim shall be presented to the Assessors within six months from the day of their first meeting, but they may, for ira&™JM« a X\' good cause show T n, extend the time for the presentation of t " ne ' any claim to a further period not exceeding three months. The Assessors shall report to each Government, at or before the«xpira- tion of one year from the date of their first meeting, the Report of A9ses . amount of claims decided by them up to the date of such sor8 - report; if further claims then remain undecided, they shall make a further report at or before the expiration of two years from the date of such first meeting ; and in case any claims remain undetermined at that time, they shall make a final report within a further period of sis: months. The report or reports shall be made in duplicate, and one copy thereof shall be delivered to the Secretary of State of «<$Z $.<>m «*- the United States, and one copy thereof to the Representa- ered tive of Her Britannic Majesty at Washington. 27 Decision, when and 418 TREATIES AND CONVENTIONS. All sums of money which may be awarded under this article shall be Awa^ when and payable at Washington, in coin, within twelve months after where w u paid, fljg delivery of each report. The board of assessors may employ sueh clerks as they c ' eri " i ' shall think necessary. The expenses of the board of assessors shall be borne equally by the two Governments, and paid from time to time, as may be K *pe„.e.. found expedient, on the production of accounts certified by the board. The remuneration of the Assessors shall also be paid by the two Governments in equal moieties in a similar manner. ' Article XI. v The high contracting parties engage to consider the result of the proceedings of the tribunal of arbitration and of the board Artor~aSd 2?. of Assessors, should such board be appointed, as a full, per- .e,»r.tt,b. fi »ai. fec ^ and final sett i ement of all the claims hereinbefore referred to, and further engage that every such claim, whether the same may or may not have been presented to the notice of, made, preferred, or laid before the tribunal or board, shall, from and after •ented™ bTd'eemed the conclusion of the proceedings of the tribunal or board, jinauy seined. -^ c^g^red an( j treated as finally settled, barred, and thenceforth inadmissible. Article XII. The high contracting parties agree that all claims on the part of eor- certam claims porations, companies, or private individuals, citizens of the c°w".! hm a1a l h."t United States, upon the Government of Her Britannic to^be referred 11 ^ Majesty, arising out of acts committed against the persons three commissioner, or p r0 perty of citizens of the United States during the period between the thirteenth of April, eighteen hundred and sixty-one, and the ninth of April, eighteen hundred and sixty-five, inclusive, not being claims growing out of the acts of the vessels referred to in Article I of this treaty, and all claims, with the like exception, on the part of cor- porations, companies, or private individuals, subjects of Her Britannic Majesty, upon the Government of the United States, arising out of acts committed against the persons or property of subjects of Her Britannic Majesty during the same period, which may have been presented to either Government for its interposition with the other, and which yet remain unsettled, as well as any other such claims which may be presented within the time specified in Article XIV of this treaty, shail be referred to three Commissioners, to be appointed in the following manner, T»eir appointment. that . g tQ gay . 0ne Commissioner shall be named by the President of the United States, one by Her Britannic Majesty, and a third by the President of the United States and Her Britannic Majesty conjointly ; and in case the third Commissioner shall not have been so named within a period of three months from the date of the exchange of the ratifications of this treaty, then the third Commissioner shall be named by the Bepresentative at Washington of His Majesty the Kin.s of Spain. In case of the death, absence, or incapacity of Tacaneics. anyUommissioner, or in the event of any Commissioner omit- ting or ceasing to act, the vacancy shall be filled in the manner herein- before provided for making the original appointment ; theperiod of three months in case of such substitution being calculated from the date of the happening of the vacancy. GREAT BRITAIN, 1871. 419 The Commissioners so named shall meet at Washington at the earliest convenient period after they have been respectively named ; TheiI . powe „ Md and shall, before proceeding to any business, make and sub- duties - scribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment, and according to jus- tice and equity, all such claims as shall be laid before them on the part of the Governments of the United States and of Her Britannic Majesty, respectively ; and such declaration shall be entered on the record of their proceedings. Article XIII. The Commissioners shall then forthwith proceed to the investigation of the claims which shall be presented to them. They shall C1?im , w be in . investigate and decide such claims in such order and such Te » ti « iilei manner as they may think proper, but upon such evidence or informa- tion only as shall be furnished by or on behalf of the respective Govern- ments. They shall be bound to receive and consider all written docu- ments or statements which may be presented to them by or on behalf of the respective Governments in* support of, or in answer to, any claim, and to hear, if required, one person on each side, on behalf of each Govern- ment, as counsel or agent for such Government, on each and every sepa- rate claim. A majority of the Commissioners shall be suffi- , n -l ■ i mi J3 A i n i • A majority to decide. cient for an award in each case. The award shall be given upon each claim in writing, and shall be signed by the Commissioners assenting to it. It shall be competent for each Government , ° , , , -i , -, « . . , , Award in each claim. to name one person to attend the Commissioners as its agent, to present and support claims on its behalf, and to answer claims made upon it, and to represent it generally in all matters connected A8ent of each Gov . with the investigation and decision thereof. en™.*. The high contracting parties hereby engage to consider the decision of the Commissioners as absolutely final and conclusive upon each claim decided upon by them, and to give full effect to such decisions without any objection, eva- sion, or delay whatsoever. Article XIV. Every claim shall be presented to the Commissioners within six months from the day of their first meeting, unless in any case where reasons for delay shall be established to the satisfaction of waSSVtii." , , /-, . . iii -i • i ,i -i Commissioners, the Commissioners, and then, and in any such case, the period for presenting the claim may be extended by them to any time not ex- ceeding three months longer. The Commissioners shall be bound to examine and decide , . ■ . , , , n ,i i n , T When to be decide upon every claim within two years from the day of their first meeting. It shall be competent for the Commissioners to decide in each case whether any claim has or has not been duly made, . . preferred, and laid before them, either wholly or to any and dea™? 1 !™?™ £ , , ', j. , ,. / -j.j.1 - I? properly before them. what extent, according to the true intent and meaning or this treaty. Article XV. All sums of money which may be awarded by the Commissioners « on account of any claim shall be paid by the one Government Award.,, when to be to the other, as the case may be, within twelve mouths after paid - the date of the final award, without interest, and without any deduction save as specified in Article XVI of this treaty. 420' TREATIES AND CONVENTIONS. Article XVI. The Commissioners shall keep an accurate record, and correct minutes or notes of all their proceedings, with the dates thereof, and may appoint and employ a secretary, and any other neces- secret.ry. sary officer, or officers, to assist them in the transaction of the business which may come before them. Each Government shall pay its own Commissioner and Agent or ex e nS e 3 Counsel. All other expenses shall be defrayed by the two Governments in equal moieties. The whole expenses of the commission, including contingent expenses, to be chared up°n shall be defrayed by a ratable deduction on the amount of awards. ^- ne snms awarded by the Commissioners, provided always Not over r,ve per that such deduction shall not exceed the rate of five per """• cent, on the sums so awarded. Article xyil. The high contracting parties engage to consider the result of the pro- ceedings of this commission as a full, perfect, and final m ,? s w«tobe C iZi 'settlement of all such claims as are mentioned in Article ,St hi™ "Sop's. XII of this treaty upon either Government ; and further engage that every such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said commission, shall, from and after the conclusion of the proceed- ings of the said commission, be considered and treated as finally settled, barred, and thenceforth inadmissible. Article XVIII. It is agreed by the high contracting parties that, in addition to the Right nr the inhab- liberty secured to the United States fishermen by the con- IwttVlMrtS'Xa vention between the United States and Great Britain, signed fisheries » common. at L on( i on on the 20th day of October, 1818, of taking, curing, and drying fish on certain coasts of the British North American Colonies therein defined, the inhabitants of the United States shall have, /in common with the subjects of Her Britannic Majesty, the liberty, for see Arties xxxii the term of years mentioned in Article XXXIII of. this and xxxm. treaty, to take fish of every kind, except shell-fish, on the sea-coasts and shores, and in the bays, harbours, and creeks, of the provinces of Quebec, Nova Scotia, and New Brunswick, and the colony of Prince Edward's Island, and of the several islands thereunto adja- cent, without being restricted to any distance from the shore, with per- mission to land upon the said coasts and shores and islands, and also upon the Magdalen Islands, for the purpose of drying their nets and curing their fish ; provided that, in so doing, they do not interfere with the rights of private property, or with British fishermen, in the peace- able use of any part of the said coasts in their occupancy for the same purpose. It is understood that the above-mentioned liberty applies solely to the sea fishery, and that the salmon and shad fisheries, and all fisher™." e°ci d usiv h eiy other fisheries in rivers and the mouths of rivers, are here- for British fishermen. -, -i i"-|j?-r%'i*-t/»-i ' by reserved exclusively tor British fishermen. GREAT BRITAIN, 1871. 421 ARTICLE XIX. It is agreed by the high contracting parties that British subjects shall have, in common with the citizens of the United States, the liberty, for the term of years mentioned in Article orBr^hTuEsjn XXXIII of this treaty, to take fish of every kind, except on™Vi"con»t.Tf shell-fish, on the eastern sea-coasts and shores of the United States north of the thirty-ninth parallel of north latitude, and on the shores of the several islands thereunto adjacent, and in the bays, har- bours, and creeks of the said sea*coasts and shores of the 8 «>Artici»rxxii United States and of the said islands, without being re- <™ lxxxm - stricted to any distance from the shore, with permission to land upon the said coasts of the United States and of the islands aforesaid, for the purpose of drying their nets and curing their fish ; provided that, in so doing, they do not interfere with the rights of private property, or with the fishermen of the United States in the • Prov ' so ' peaceable use of any part of the said coasts in their occupancy for the same purpose. It is understood that the above-mentioned liberty applies solely to the sea fishery, and that salmon and shad fisheries, and all other - M Mli slmd , fisheries in rivers and mouths of rivers, are hereby reserved « ah «™ s - exclusively for fishermen of the United States. Article XX. It is agreed that the places designated by the Commissioners appointed under the first article of the treaty between the United . States and Great Britain, concluded at Washington on the .ervSTim p Ih c "om." 5th of June, 1854, upon the coasts of Her Britannic Majesty's monri,ht ° f " ah '° ! - dominions and the United States, as places reserved from the common right of fishing under that treaty, shall be regarded as in SesAr t iaeaX xxu like manner reserved from the common right of fishing ^ xxxm - under the preceding articles. In case any question should arise between the Governments, of the United States and of Her -Britannic Majesty as to the common right of fishing in places not thus designated as reserved, it is agreed that a commission shall be appointed to designate such places, and shall be< constituted in the ,\^lZ m SVhtt', same manner, and have the same powers, duties, and au- ,r ' tc ' thority as the commission appointed under the said first article of the treaty of the 5th of June, 1854. Article XXI. It is agreed that, for the term of years mentioned in Article XXXIII of this treaty, fish oil and fish of all kinds, (except fish of c „ tai „ m „n and the inland lakes, and of the rivers falling into them,' and fi»k»i« <■■*»■<■<>«»• except fish preserved in oil,) being the produce of the fish- Scetkiaaa xxxn eries of the United States, or of the Dominion of Canada, ond xxxm - or of Prince Edward's Island', shall be admitted into each country, respect- ively free of duty. Article XXII. Inasmuch as it is asserted by the Government of Her Britannic Maj- esty that the privileges accorded to the citizens of the United commissioners « , States under Article XVIII of this treaty are of greater JJSSS $1™Z value than those accorded by Articles XIX and XXI of uni^a * ltS«. * «,? this treaty to the subjects of Her Britannic Majesty, and TSSv'mof d thto this assertion is not admitted by the Government of the trMy - 422 TREATIES AND CONVENTIONS. United States, it is further agreed that Commissioners shall be appointed to determine, having regard to the privileges accorded by the United States to the subjects of Her Britannic Majesty, as stated in Articles XIX and XXI of this treaty, the amount of any compensation which, in their opinion, ought to be paid by the Government of the United States to the Government of Her Britannic Majesty in return for the privileges accorded to the citizens of the United States under Article XVIII of this treaty ; and that any sum of money which the said Com- A«ar. declaration that they will impartially and carefully examine and decide the matters referred to them to the best of their judgment, and according to justice and equity ; and such declaration shall be entered on the record of their proceedings. Each of the high contracting parties shall also name one person to A*e«ts for each attend the commission as its Agent, to represent it gener- Government. a ]jy m a n ma tters connected with the commission. Article XXIV. The proceedings shall be conducted in such order as the Cominission- proceedmts befbr. ers appointed under Articles XXII and XXIII of this :lieae Commission- ers, how to be con- eraThow"^'™": treaty shall determine. They shall be bound to receive ducted. guch ora i or -written testimony as either Government may present. If either party shall offer oral testimony, the other party shall have the right of cross-examination, under such rules as the Commis- sioners shall prescribe. If in the case submitted to the Commissioners either party shall have Document, and specified or alluded to any report or document in its own papers. exclusive possession, without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to fur- nish that party with a copy thereof; and either party may call upon the other, through the Commissioners, to produce the originals or certified GREAT BRITAIN, 1871. . 423 copies of any papers adduced as evidence, giving in each instance such reasonable notice as the Commissioners may require. The case on either side shall be closed within a period of six months from the date of the organization of the Commission, and c?ae8 10 be c i„ sed the Commissioners shall be requested to give their award i" 1 *"""" 1 "- as soon as possible thereafter. The aforesaid period of six months may be extended for three months in case of a vacancy occurring among the Commissioners under the circumstances con- templated in 1 Article XXIII of this treaty. Article XXV. The Commissioners shall keep an accurate record and correct minutes- or notes of all their proceedings, with the dates thereof, and may appoint and employ a Secretary and any other neces- sary officer or officers to assist them in the transaction of the business which may come before them. Each of the high contracting parties shall pay its own Commissioner and Agent or Counsel ; all other expenses shall be defrayed by the two Governments in equal moieties. Article XXVI. The navigation of the river St. Lawrence, ascending and descend- ing, from the forty-fifth parallel of north latitude, where it ation ceases to form the boundary between the two countries, st. XreSAo & from, to, and into the sea, shall forever remain free and open for the purposes of commerce to the citizens of the United States, subject to any laws and regulations of Great Britain, or of the Domin- ion of Canada, not inconsistent with such privilege of free navigation. The navigation of the rivers Yukon, Porcupine, and Stikine, ascend- ing and descending, from, to, and into the sea, shall forever • J» J j> Ii_ ' n j. a.x. Of other rivers. remain free and open for the purposes of commerce to the subjects of Her Britannic Majesty and to the citizens of the United States, subject to any laws and regulations of either country within its own territory, not inconsistent with such privilege of free navigation. Article XXVII. The Government of Her Britannic Majesty engages to urge upon the Government of the Dominion of Canada to secure to the , citizens of the United States the use of the Welland, St. ^fj^itSlI Lawrence, and other canals in the Dominion on terms of bS™Dto'Toi« equality with tjhe inhabitants of the Dominion; and the Government of the United States engages that the subjects of Her Bri- tannic Majesty shall enjoy the use of the St. Clair Plats canal on terms of equality with the inhabitants of the United States, and further en- gages to urge upon the State Governments to secure to the subjects of Her Britannic Majesty the use of the several State canals connected with the navigation of the lakes or rivers traversed by or contiguous to the boundary line between the possessions of the high contracting par- ties, on terms of equality with the inhabitants of the United States. Article XXVIII. The navigation of Lake Michigan shall also, for the term of years men 424 TREATIES AND CONVENTIONS. Navigation or Lake tioned in Article XXXIII of this treaty, be free and open Michi^ f or ^ e purposes of commerce to the subjects of Her Bri- tannic Majesty, subject to any laws and regulations of the United States or of the States bordering thereon not inconsistent with such privilege of free navigation. Article XXIX. It is agreed that, for the term of years mentioned in Article XXXIII ' proviaioiiB for the °^ * n * s treat 5 'i goods, wares, or merchandise arriving at the ro n ™yanc°mtran.it ports of New York, Boston, and Portland, and any other the°united e statS or ports in the United States which have been or may, from Sported"^ certain time to time, be specially designated by the President of iwlaVa of U g "od 8 the United States, and destined for Her Britannic Majesty's intended for export. . . -.-,- ,-t. • i . -\ ■ i it possessions m North America, may be entered at the proper cusfcom-honse and conveyed in transit, without the payment of duties, through the territory of the United States, under such rules, regulations, and conditions for the protection of the revenue as the Government of the United States may from time to time prescribe ; and under like rules, regulations, and conditions, goods, wares, or merchandise may be conveyed in transit, without the payment of duties, from such pos- sessions through the territory of the United States for export from the said ports of the United States. It is further agreed that, for the like period, goods, wares, or mer- Re d rocai o charidise arriving at any of the ports of Her Britannic Msiona'aafo convey" Majesty's . possessions in North America, and destined for throng™ BritJa a h n ter- the United States, may be entered at the proper custom- house and conveyed in transit, without the payment of duties, through the said possessions, under such rules and regulations, and conditions for the protection of the revenue, as the Governments of the said possessions may from time to time prescribe ; and, nnder like rules, regulations, and conditions, goods, wares, or merchandise may be conveyed in transit, without payment of duties, from the United States through the said possessions to other places in the United States, or for export from ports in the said possessions. Article XXX. It is agreed that, for the terms of years mentioned in Article XXXIII British subject, of this treaty, subjects of Her Britannic Majesty may carry "e.aeifg'o'ods free * in British vessels, without payment of duty, goods, wares, Jo'tt of ro the SIS or merchandise from one port or place within the territory por£^part°o r fsuch of the United States upon the St. Lawrence, the great canaXby w°an 8 a lakes, and the rivers connecting the same, to another port m bond. or place -within the territory of the United States as afore- said : Provided, That a portion of such transportation is made through the Dominion of Canada by land carriage and in bond, under such rules and regulations as may be agreed upon between the Government of Her Britannic Majesty and the Government of the United States. Citizens of the United States may for the like period carry in United Reciprocal privi- States vessels, without payment of duty, goods, wares, or 'S of "to unSd merchandise from one port or place within the possessions states. , f jj er Britannic Majesty in North America to another port or place within the said possessions : Provided, That a portion of such transportation is, made through the territory of the United States by and carriage and in bond, under such rules and regulations as may be GREAT BRITAIN, 1871. 425 agreed upon between, the Government of the United States and the Government of Her Britannic Majesty. \ The Government of the United States further engages not to impose any export duties on goods, wares, or merchandise carried p r0TiBlt ,„ „„ t0 «. under this article through the territory of the United States ; K"", *°°t and Her Majesty's Government engages to urge the Parlia- ™ l[cl °- ment of the Dominion of Canada and the Legislatures of the other colo- nies not to impose any export duties on goods, wares, or merchandise ^carried under this article ; and the Government of the United States may, in case such export duties are imposed by the Dominion of Canada, suspend, during the period that such duties are imposed, the right of carrying granted under this article in favor of, the subjects of Her Britannic Majesty. The Government of the United States may suspend the right of carry- ing granted in favor of the subjects of Her Britannic Prlv Kranted Majesty \mder this article, in case the Dominion of Canada j>r j£ i %°£ t i c 'f ™£ should at any time deprive the citizens of the United States vlitlTlu^ Vf of the use of the canals in the said Dominion on terms of equality with the inhabitants of the Dominion, as provided in Article XXVII. Article XXXI. The Government of Her Britannic Majesty further engages to urge upon the Parliament of the Dominion of Canada and the Pro , i>iona xvm ^ to carry them into operation shall have been passed by the xxvanSgdexxx. Imperial Parliament of Great Britain, by the Parliament of " Canada, and by the Legislature of' Prince Edward's Island on the one 426 TREATIES AND CONVENTIONS. hand, and by the Congress of the United States on the other. Such how long to con- assent having been given, the said articles shall remain in "" oe - force for the period of ten years from the date at which they may come into operation ; and further until the expiration of two years after either of the high contracting parties shall have given notice to the other of its wish to terminate the same ; each of the high contracting parties being at liberty to give such notice to the other at the end of the jsaid period of ten years or at any time afterward. Article XXXTV. Whereas it was stipulated by Article I of the treaty concluded at Washington on the 15th of June, 1846, between the United The decision as to ' :. portion of the States and Her Britannic Majesty, that the line of boundary tS°°n"tt.e' "united between the territories of the United States and those of posKwions west "of Her Britannic Majesty, from the point on the forty-ninth afns unde/ae first parallel of north latitude up to which it had already been article of the treaty *■ > • -i i i -i i •• i j_ it j_i *-» of jone is, isle, to ascertained, should be continued westward along the said Sn of'th'e Empefo'r parallel of north latitude " to the middle of the channel which separates the continent from Vancouver's Island, and thence southerly, through the middle of the said channel and of Fuca Straits, to the Pacific Ocean ;" and whereas the Commissioners appointed by the two high contracting parties to determine that portion of the boundary which runs southerly through the middle of the channel afore- said, were unable to agree upon the same ; and whereas the Govern- ment of Her Britannic Majesty claims that such boundary line should, under the terms of the treaty above recit,ed, be run through the Bosario Straits, and the Government of the United States claims that it should be run through the Canal de Haro, it is agreed that the respective claims of the Government of the United States and of the Govern- ment of Her Britannic Majesty shall be submitted to the arbitra- tion and award of His Majesty the Emperor of Germany," who, having regard to the above-mentioned article of the said treaty, shall decide thereupon, finally and without appeal, which of those claims is most in accordance with the true interpretation of the treaty of June 15, 1846. Article XXXV. The award of His Majesty the Emperor of Germany shall be considered Award of the Em- as absolutely final and conclusive; and full effect shall be Hs ro form a »d™J"ct; given to such award without any objection, evasion, or and bow delivered. a e i av whatsoever. Such decision shall be given in writing and dated ; it shall be in whatsoever form His Majesty may choose to adopt ; it shall be delivered to the Bepresentatives or other public Agents of the United States and of Great Britain, respectively, who may be actually at Berlin, and shall be considered as operative from the day of the date of the delivery thereof. Article XXXVI. The written or printed case of each of the two parties, accompanied The c^ of the by the evidence offered in support of the same, shall be S J5™? tie A b r 8 laid before His Majesty the Emperor of Germany within six w'Sin wiat time."" months from the date of the exchange of the ratifications of this treaty, and a copy of such case and evidence shall be communicated by each party to the other, through their respective Bepresentatives at Berlin. The high contracting parties may include in the evidence to be con- GEEAT BRITAIN, 1871. 427 sidered by the Arbitrator such documents, official correspondence, and other official or public statements bearing on the subject of the reference as they may consider necessary to the support of their respective cases. After the written or printed case shall have been communicated by each party to the other, each party shall have the power of drawing up and laying before the Arbitrator a second and definitive statement, if it think fit to do so, in reply to the case of the other party so communis cated, which definitive statement shall be so laid before the Arbitrator, and also be mutually communicated in ,the same manner as aforesaid, by each party to the other, within six months from the date of laying the first statement of the case before the Arbitrator. Article XXXVII. If, in the case submitted to the Arbitrator, either party shall specify or allude to any report or document in its own exclusive possession without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof, and either party may call upon the other, through the Arbitrator, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasona- ble notice as the Arbitrator may require. And if the Arbitrator should desire further elucidation or evidence with regard to any point contained in the statements laid before him, he shall be at liberty to require it from either party, and he shall be at liberty to hear one Counsel or Agent for each party, in relation to any matter, and at such time, and in such manner, as he may think fit. Article XXXVIII. The Eepresentatives or other public Agents of the United States and of Great Britain at Berliu, respectively, shall be considered as the Agents of their respective Governments to conduct ^S'bS'ai their cases before the Arbitrator, who shall be requested to Art " trator - address all his communications and give all his notices to such Eepre- sentatives or other public Agents, who shall represent their respective Governments generally, in all matters connected with the arbitration. Article XXXIX. It shall be competent to the Arbitrator to proceed in the said arbitra- tion, and all matters relating thereto, as and when he shall Arl? „ rator to „„. see fit, either in person, or by a person or persons named by f? e „ d £ ™ d n ™*X him for that purpose, either in the presence or absence of &c - either or both Agents, and either orally or by written discussion or otherwise. Article XL. The Arbitrator may, if he think fit, appoint a Secretary, or Clerk, for the purposes of the proposed arbitration, at such rate of =ecr6tary or CIerk remuneration as he shall think proper. This, and all other expenses of and connected with the said arbitration, shall be provided for as hereinafter stipulated. Article XLI. The Arbitrator shall be requested to deliver, together with his award, an account of all the costs and expenses which he may have cost.aadewMes, been put to in relation to this matter, which shall forthwith !radh ° , ' '"""p""-' be repaid bv the twiiiiovirjimejiisJuuLeojialjnoieties. 428 TREATIES AND CONVENTIONS. Article XLII. The Arbitrator shall be requested to give his award in writing as early as convenient after the whole case on each side shall have .nd"h™n°«nd"h$ been laid before him, and to deliver one copy thereof to ,. be Mh—i each Qf the gaid Agents> Article XLIII. The present treaty shall be duly ratified by the President of the Uni- ted States of America, by and with the advice and consent B.ftouo». of the genate thereof, and by Her Britannic Majesty ; and the ratifications shall be exchanged either at Washington or at London within six months from the date hereof, or earlier if possible. In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals. Signature. Done in duplicate at Washington the eighth day of May, in the year of our Lord one thousand eight hundred and seventy-one. HAMILTON FISH. EOBT. C. SCHENCK. SAMUEL NELSON. EBENEZEE BOCKWOOD HOAR. GEO. H. WILLIAMS. Be OBEY & BIPON. STAPFOED H. NOBTHCOTE. ED WD. THOBNTON. JOHN A. MACDONALD. MOUNTAGUE BEBNAED. L. s." L. s.' L. s.' L. s.' L. s.' L. s.' L. s." L. s.' L. s. L. s." DECISIONS OF THE COURTS OF THE UNITED STATES IN CASES ARISING UNDER THE TREATIES WITH GREAT BRITAIN. The fifth article of the treaty of peace of 1783 applies to those cases where an actnal confiscation has taken place, and stipulates that in such cases the interest of all per- sons having a lien upon such lands shall be preserved. That clause of the treaty pre- served the lien of a mortgagee of confiscated lands which at the time of the treaty remained unsold. (Rigginson v. Mein, 4 Cranch, 415.) The treaties with Great Britain of 1783 and 1794 only provide fdr titles existing at the time those treaties were made, and not for titles subsequently acquired. Actual possession of property is not necessary to give the party the benefit of the treaty. {Blight's Lessee v. Rochester, 7 Wheat., 535.) Where J. D., an alien and British subject, came into the United States subsequent to the treaty of 1783, and, before the treaty of 1794 was signed, died seized of landsi it was held that the title of his heirs to the land was not protected by the treaty of 1794. (Ibid.) Thomas Scott, a native of South Carolina, died in 1782, intestate, seized of land on James Island, having two daughters, Ann and Sarah, both born in South Carolina he- fore the Declaration of Independence. Sarah married D. P., a citizen of South Caro- lina, and died in 1802 entitled to one-half of the estate. The British took possession of James Island and Charleston in February and May, 1780 ; and in 1781 Ann Scott mar- ried Joseph Shanks, a British officer, and at the evacuation of Charleston in 1782 she went to England with her husband, where she remained until her death in 1801. She ' left five children, born in England. They claimed the other moiety of the real estate of Thomas* Scott, in right of their mother, under the ninth article of the treaty of peace between this country and Great Britain of the 19th of November, 1794. Held, that they were entitled to recover and hold the same. (Shanks ei al.v. Dupont et at, 3 Peters, 242.) All British-born subjects whose allegiance Great Britain has never renounced ought, upon general principles of interpretation, to be held witlii n the intent, as they certainly are within the words, of the treaty of 1794. (Ibid., 250.) The treaty of 1783 acted upon the state of things as it existed at that period. It took the actual state of things as its basis. All those, whether natives or otherwise, GREAT BRITAIN, 1871. 429 who then adhered to the American States, were virtually absolved from all allegiance to the British Crown ; all those who then adhered to the British Crown were deemed and held subjects of that Crown. The treaty of peace was a treaty operating between States and the inhabitants thereof. _ (Ibid., 274.) The several States which compose this Union, so far, at least, as regarded their mu- nicipal regulations, became entitled from the time when they declared themselves independent to all the rights and powers of sovereign States, and did not derive them from concessions of the British King. The treaty of peace contains a recognition of the independence of these States, not a grant of it. The laws of the several State gov- ernments passed after the Declaration of Independence were the laws of sovereign States, and as such were obligatory upon the people of each State. (Wllvaine v. Coxe's Lessee, 4 Cranch, 209.) j The property of British corporations in this country is protected by the sixth article of the treaty of peace of 1783, in the same manner as those of natural persons, and their title, thus protected, is confirmed by the ninth article of the treaty of 1794, so that it could not be forfeited by any intermediate legislative act or other proceeding for the defect of alienage. (The Society for Propagating the Gospel, fc, v. New Haven, 8 Wheat, 464.) The treaty of peace between the United States and Great Britain prevents the oper- ation of the act of limitations of Virginia upon British debts contracted before that treaty. (Hopkirlc v. Hell, 3 Cranch, 454.) The treaty of peace of 1783 between the United States and Great Britain was a mere recognition of pre-existing rights as to territory, and no territory was thereby acquired by way of cession from Great Britain. (Sarcourt et al. v. Gaillard, 12 Wheat., 523.) The act of the legislature of Virginia of 1799, entitled "An act concerning escheats and forfeitures from. British subjects," and under which a debtor to a subject of Great Britain had, in conformity to the provisions of that; law, during the war paid into the loan-office of the State a portion of the debt due by him, did not operate to protect the debtor from a suit for such debt after the treaty of peace in 1783. The statute of Vir- ginia, if it was valid and the legislature' could pass such a law, was annulled by the fourth article of the treaty ; and, under this article, suits for the recovery of debts so due might be maintained, the provisions of the Virginia law to the contrary notwith- standing. ( Ware v. Hylton, 3 Dall., 199.) Debts due in the United States to British subjects before the war of the Revolution, though sequestered or paid into the State 1 treasuries, revived by the treaty Of peace of 1783, and the creditors are entitled to recover them from the original debtors. ( Geor- gia v. Brailsford) 3 Dall., 1.) G. C, born in the colony of New York, went to England in 1738, where he resided until his decease ; and being seized of lands in New York, he, on the 30th of November, 1776, in England, devised the same to the defendant and E. C. as tenants in common, and died so seized on the 10th of December, J.776. The defendant and E. C. having entered and becoming possessed, E. C, on the 3d December, 1791, bargained and sold to the defendant all his interest. The defendant and E. C. were both born in England long before the Revolution. On the 22d March, 1791, the legislature of New York passed an act to enable the defendant to purchase lands and to hold all other lands which he might then be entitled to within the State, by purchase or descent, in fee simple, and to sell and dispose of the same, in the same manner as any natural-born citizen might do. The treaty between the United States and Great Britain of 1794 contains the fol- lowing provision: "Article IX. It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lauds in the dominions of His Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein, and may grant; sell or devise the same to whom they. please, in like manner as if they were natives; and that neither they nor their heirs or assigns shall, so far as respects the said lands and the legal rem- edies incident thereto, be considered as aliens." The defendant, at the time of the action brought, still continued to be a British subject. Meld, that he was entitled: to hold the lands so devised to him by G. C. and transferred to him by E. C. (Neio York ' v. Clarke, 3 Wheat., 1.) By the treaty of 1783 the United States succeeded to all the rights that existed in the King of France in that part of Canada which now forms the State of Michigan prior to its conquest by Great Britain in 1750, and am,ong them that of dealing with seigniorial estates for a forfeiture for non-fulfilment of the conditions of the fief. (United States v. Bepentigny, 5 Wallace, 211.) Lands granted by the acts, of March 3, 1807, in fulfilment of the second article of the treaty of 1794, were not donations. (Forsyth v. Reynolds, 15 Howard, 358.) The reciprocity treaty of 1854 did not release a forfeiture previously incurred. (Pine 'Lumber, 4 Blatchford's Circuit Court Reports.) There is nothing in the treaties with Great Britain which gives a British merchant resident in a port of the seceded States during the war an immunity from the general principles of public law applicable to resident neutral merchants. (The Sarah Starr, Blatchford's Prize Cases. 69.1 * GREECE. GREECE, 1837. TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF GREECE. CONCLUDED DECEMBER 10-22, 1837; RATIFICATIONS EXCHANGED JUNE 13-25, 1838; PROCLAIMED AUGUST 30, 1838. The United States of America and His Majesty the King of Greece, equally animated with the sincere desire of maintaining the BoST'iSteSil'™" relations of good ' understanding which have hitherto so happily subsisted between their respective States ; of ex- tending, also, and consolidating the commercial intercourse between them ; and convinced that this object cannot better be accomplished than by adopting the system of an entire freedom of navigation, and a perfect reciprocity, based upon principles of equity, equally beneficial to both countries ; have, in consequence, agreed to enter into negotiations for the conclusion of a treaty of commerce and navigation, and for that purpose have appointed Plenipotentiaries : The President of the United States of America, Andrew Stevenson, Envoy Extraordinary and Minister Plenipotentiary of the United States near the court of Her Britannic Majesty; and His Majesty the King'of Greece, Spiridion Tricoupi, Councillor of State on Special Service, his Envoy Extraordinary and Minister Plenipo- tentiary near the same court, Grand Commander of the Eoyal Order of the Saviour, Grand Cross of the American Order of Isabella the Catholic ; Who, after having exchanged their full powers, found in good and due form, have agreed upon the following articles : Article I. The citizens and subjects of each of the two high conticietingparties Git™™ or end, may, with all security for their persons, vessels, and cargoes, SSJ^ttotStorto freely enter the ports, places, and rivers of the territories of ofthootter. t ne other, wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories ; to rent and occupy houses and warehouses for their com- merce ; and they shall enjoy, generally, the most entire security and pro- tection in their mercantile transactions, on conditions of their submitting to the laws and ordinances of the respective countries. Article II. 'Greek vessels arriving, either laden or in ballast, into the ports of the United States of America, from whatever place they may come, shall be treated, on their entrance, during their stay, and at their departure, upon the same footing as national vessels coming GREECE, 1837. 431 from the same place, with respect to the duties of tonnage, light-houses, pilotage, and port charges, as well as to , the perquisites of public offi- cers, and air other duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local author- ities, or of any private establishment whatsoever ; and, reciprocally, the vessels of the United States of America arriving, either laden or in ballast, into the ports of the Kingdom of Greece, from whatever place "they may come, shall be treated, on their entrance, during their stay, and at their departure, upon the same footing as national vessels com- ing from the same place, with respect to the duties of tonnage, light- houses, pilotage, and port charges, as well as to the perquisites of public officers, and all other duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Govern- ment, the local authorities, or of any private establishments whatso- ever. Article III. All that may be lawfully imported into the United States of America, in vessels of the- said States, may also be thereinto imported Fraedom of impor . in Greek vessels, from whatever place they may come, with- taW out paying other or higher duties or charges, of whatever kind or de- nomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if imported in national vessels. And, reciprocally, all that may be lawfully imported into the King- dom of Greece, in Greek vessels, may also be thereinto imported in ves- sels of the United States of America, from whatever place they may come, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Govern- ment, the local authorities, or of any private establishments whatsoever, than if imported in national vessels. Article IV. All that maybe lawfully exported from the United States of America, . in vessels of the said States, may also be exported therefrom i ;reeJom of e „, or . in Greek vessels, without paying other or higher duties or tiltio " charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private estab- lishments whatsoever, than if exported in national vessels. And, reciprocally, all that may be lawfully exported from the • Kingdom of Greece, in Greek vessels, may also be exported therefrom in vessels of the United States of America, without paying other or higher duties or charges of whatever kind or denomiuation, levied in the name, or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if exported in national vessels. Article V. It is expressly understood that the foregoing second, third, and fourth articles are not applicable to the coastwise naviga- CoMline trad< , tion from one port of the United States of America to an- other port of the said States, nor to the navigation from one port of the Kingdom of Greece to another port of the said Kingdom ; which navi- gation each of the two high contracting parties reserves to itself. 432 TREATIES AND CONVENTIONS. , Article VI. Each of the two high contracting parties engages not to grant in its purchases, or in those which might be made by companies jrrM anypSrence" or agents acting in its name, or under its authority, any preference to importations made in its own vessels, or in those of a third Power, over those made in the vessels of the other con- tracting party. Article VII. The two high contracting parties engage not to impose upon the nav- Duties igation between their respective territories, in the vessels of either, any tonnage or other duties of any kind or denomi- nation which shall be higher or other than those which shall be imposed on every other navigation, except that which they have reserved to themselves, respectively, by the fifth article of the present treaty. Article VIII. There shall not be established in the United States of America, upon the products of the soil, or industry of the Kingdom of Greece, any prohibition, or restriction, of importation or exportation, nor any duties of any kind or denomination whatsoever, unless such prohibitions, restrictions, and duties shall likewise be established upon articles of like nature, the growth of any other country. And, reciprocally, there shall not be established in the Kingdom of Greece, on the products of the soil or industry of the United States of America, any prohibition or restriction of importation or exportation, nor any duties of any kind or denomination whatsoever, unless such prohibitions, restrictions, and duties be likewise established upon arti- cles of like nature, the growth of any other country. Article IX. All privileges of transit, and all bounties and drawbacks which may pm ,iege 3 of tra^ be allowed within the territories of one of the high contract- .it, &c. ing parties, upon the importation or exportation of any article whatsover, shall likewise be allowed on the articles of like nature, the products of the soil, or industry of the other contracting party, and on the importations and exportations made in its vessels. Article X. The citizens or subjects of one of the high contracting parties, arriv- ve-.ei. earing in g with their vessels on the coasts belonging to the other, %£Z °ottS- but not wishing to enter the port; or, after having entered i„ s to unload. therein, not wishing to unload any part of their cargo, shall be at liberty to depart and continue their voyage without paying any other duties, imposts, or charges whatsoever, for the vessel and cargo, than those of pilotage, wharfage, and for the support of light-houses, when such duties shall be levied on national vessels in similar cases. custom-iiouseregn- It is understood, however, that they shall always conform h^, &c. to sycb regulations and ordinances concerning navigation and the places and ports which they may enter, as are, or shall be, in force with regard to national vessels, and that the custom-house omcers GREECE, 1837. 4o'3 shall be permitted to visit them, to remain on board, and to take all such precautions as may be necessary to prevent all unlawful commerce, as long as the vessels shall remain within the limits of their jurisdiction. Article XL It is further agreed that the vessels of one of the high contracting parties, having entered into the ports of the other, will be TeMelB „„, oai , me permitted to confine themselves to unloading such part only l "" rtof ' hei * oari °- of their cargoes as the captain or owner may wish, and that they may freely depart with the remainder without paying any duties, imposts, or charges whatsover, except for that part which shall have been landed, and which shall be marked upon and erased from the manifest exhibit- ing the enumeration of the articles with which the vessel was laden ; which manifest shall be presented entire at the custom-house of the place where the vessel shall have entered. Nothing shall be paid on that part of the cargo which the vessel shall carry away, and with which it may continue its voyage to one or several other ports of the same country, there to dispose of the remainder of its cargo, if composed of articles whose importation is permitted on paying the duties chargeable upon it, or it may proceed to. any other country. It is un- DttlfaJ charemble derstood, however, that all duties, imposts, or «harges what- o » thovesseI »- soever, which are or may become chargeable upon the vessels them- selves, must be paid at the first port where they shall break bulk, or unlade part of their cargoes ; but that no duties, imposts, or charges of the same description shall be demanded anew in the ports of the same country, which such vessels might afterwards wish to enter, unless na- tional vessels be in similar cases subject to some ulterior duties. Article XII. Bach of the high contracting parties grants to the other the privilege of appointing in its commercial ports and places Consuls, Vice-Oonsuls, and commercial agents, who shall enjoy the full protection and receive every assistance necessary for the due exer- cise of their functions ; but it is expressly declared that in case of illegal or improper conduct with respect to the laws or Government of the coun- try in which said Consulsy Vice-Consuls, or commercial agents shall re- side, they may be prosecuted and punished conformably to the laws, and deprived of the exercise of their functions by the offended Govern- ment, which shall acquaint the other with its motives for having thus acted ; it being understood, however, that the archives and ArcliveSj &c ._ or documents relative to the affairs of the consulate shall be c °™» late9: exempt from all search, and shall be carefully preserved under the seals of the Consuls, Vice-Oonsuls, or commercial agents, and of the authority of the place where they may reside. The Consuls, Vice-Consuls, or commercial agents, or the persons duly authorized to supply their places, shall have the right, as ! . . , . t t i .i / . -f -.•_/*. Consuls, &c, to such, to sit as ludges and arbitrators in such differences as j^w a„a arbitrate ' , . .-. , . -. p . , 7 t in certain cases. may arise between the captains and crews of the vessels be- longing to the nation whose interests are committed to their charge without the interference of the local authorities, unless the con- duct of the crews, or of the captain, should disturb the order or tranquillity of the country; or the said Consuls, Vice-Consuls, or commercial agents should require their assistance to cause their deci- sions to be carried into effect or sunnorted. __It is, however, understood, 434 TREATIES AND CONVENTIONS. that this species of judgment or arbitration shall not deprive the contend- ing parties of the right they have to resort, on their return, to the judi- cial authority of their country. Article XIII. The said Consuls, Vice-Consuls, or commercial agents are authorized to require the assistance of the local authorities/or the arrest, detention, and imprisonment of the deserters from the ships of war and merchant vessels of their country ; and for this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand said deserters, proving by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such individ- uals formed part of the crews, and on this reclamation being thus sub- stantiated the surrender shall not be refused. Such deserters, when Darter., when arrested, shall be placed at the disposal of the said Consuls, ■1*1 hoT tota'S Vice-Consuls, or commercial agents, and may be confined in posed of. t jj e p U b]ic prisons at the request and cost of those who claim them, in order to be sent to the vessels to which they belonged, or to others of the same country. But if not sent back within the space of two months, reckoning from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. It is understood, however, that if the deserter should be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which the case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. Article XIV! In case,any vessel of one of the high contracting parties shall have A*.i.tance to ei,„>- been stranded or shipwrecked, or shall have suffered any . recked Tea Be i»,te. ot^er damage on the coasts of the dominions of the other, every aid and assistance shall be given to the persons shipwrecked or in danger, and passports shall be granted to them to return to their country. The shipwrecked vessels and merchandise, or their proceeds, if the same shall have been sold, shall be restored to their owners, or to those entitled thereto, if claimed within a year and a day, upon paying such costs of salvage as would be paid by national vessels in the same circumstances ; and the salvage companies shall not compel the accept- ance of their services except in the same cases and after the same delays as shall be granted to the captains and crews of national vessels. More- over, the respective Governments will take care that these companies do not commit any vexatious or arbitrary acts. Article XV. , It is agreed that vessels arriving directly from the United States of America at a port within the dominions of His Majesty the King of Greece, or from the Kingdom of Greece at a port of the United States of America, and provided with a bill of health granted by an officer having competent power to that effect at the port whence such vessel shall have sailed, setting forth that no malignant or conta- gious diseases prevailed in that port, shall be subjected to no other quarantine than such as may be necessary for the visit of the health officer of the port where such vessels shall have arrived, after which said vessels shall be allowed immediately to enter and unload their car- GREECE, J837. 435 goes: Provided, always, that there shall be on board" no person who, during the voyage, shall have been attacked with any malignant or con- tagious diseases ; that such vessels shall not during their passage have communicated with any vessel liable itself to undergo a quarantine, and that the country whence they came shall not at that time be so far in- fected or suspected that before their arrival an ordinance had been issued, in consequence of which all vessels coming from that country should be considered as suspected, and consequently subject to quar- antine. Article XVI. Considering the remoteness of the respective countries of the two high contracting parties, and the uncertainty resulting there- from with respect to the various events which may take place, anJSSto eX 1 !! it is agreed that a merchant vessel belonging to either of b " ,cka ' led "»'■ fc - them which may be bound to a port supposed at the time of its depart- ure to be blockaded, shall not, however, be captured or condemned for having attempted a first time to enter said port, unless it can be proved that said vessel could and ought to have learned, during its voyage that the blockade of the place in question still continued. But all vessels which, after having been warned off once, shall during the same voyage attempt a second time to enter the same blockaded port, during the con- tinuance of said blockade, shall then subject themselves to be detained and condemned. Article XVII. The present treaty shall continue in force for ten years, counting from the day of the exchange of the ratifications, and if, before D Hmt!o „ of the the expiration of the first nine years, neither of the high trc " tJ contracting parties shall have announced by an official notification to the other its intention to arrest the operation of said treaty, it shall remain binding for one year beyond that time, and so on, until the expi- ration of the twelve months which will follow a similar notification, whatever the time at which it may take place. Article XVIII. The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of ,, the Senate, and by His Majesty the King of Greece, and the ratifications to be exchanged at London within the space of twelve months from the signature, or sooner if possible. In faith whereof the respective Plenipotentiaries of the high contract- ing parties have signed the present treaty, both in English and French, and have affixed thereto their seals. Done in duplicate at London, the — ^ — , of December, in the year ■V ' twenty-second of our Lord one thousand eight hundred and thirty-seven. A. STEVENSON. S. TRIOODPI. GUATEMALA GUATEMALA, 1849. TREATY WITH GUATEMALA. CONCLUDED MARCH 3, 1849 ; RATIFICATIONS EXCHANGED MAY 13, 1852; PROCLAIMED JULY 28, 1852. General convention of peace, amity, commerce, and navigation between the United States of America and the Republic of Guatemala. The United States of America and the Eepublic of Guatemala, de- siring to make firm and permanent the peace and friendship which happily prevails between both nations, have resolved to fix, in. a manner clear, distinct, and positive, the rules which shall in future be religiously observed between the one and the other, by means of a treaty or general convention of peace, friendship, commerce, and navigation. For this most desirable object the President of the United States of America has conferred full powers on Elijah Hise, ChargG d' Affaires of the United States near this Eepublic, and the Executive Power of the Eepublic of Guatemala on the Sr. Licdo. D. Jos6 Mariano Eodriguez, Secretary of State and of the Department of For- eign Eelations; who, after having exchanged their said full powers in due and proper form, have agreed to the following articles: Akticle I. There shall be a perfect, firm, and inviolable, peace and sincere friend- p 8 acc a- era .i basis of perfect equality and reciprocity, mu- tually agree that the citizens of each may frequent all the coasts and GUATEMALA, 1849. . 437 cauntries of the other, and reside and trade there in all kinds of pro- duce, manufactures, and merchandise; and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce which native citizens do or shall enjoy, submitting themselves to the laws,, decrees, and usages there established, to which native citkens are sub- jected. But it is understood that this article does not in- clude the coasting trade of either country, the regulation of which is reserved to the parties respectively, according to their own separate laws. Article IV. They likewise agree that whatever kind of produce, manufacture, or merchandise of any foreign cbuntry can be from time to Prmiwa to «,e time lawfully imported into the United States in their own luta*! " vessels, may be also imported in vessels of the Eepublic of Guate- mala ; and that no higher or other duties upon the tonnage of the ves- sel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other; and, in like manner, that whatever kind of produce, manufacture, or merchan- dise of any foreign country can be from time to time lawfully imported into the Eepublic of Guatemala in its own vessels, may be also imported in vessels of the United States, and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And they further agree that whatever may be lawfully ex- ported or re-exported from the one country in its own vessels to any foreign country, may be in like manner exported or re-exported in vessels of the other country. And the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made, in vessels of the United States or of the Ee- public of Guatemala. Article Y. No higher or other duties shall be imposed on the importation into the United States of any articles the produce or manufactures of D i., cnrainatins ,,„. the Eepublic of Guatemala, and no higher or other duties shall l '"" 1 - be imposed on the importation into the Eepublic of Guatemala of any articles the produce or manufactures of the United States, than are or shall be payable in like articles being the produce or manufactures of any other foreign country ; nor shall any higher or other duties or charges be imposed in either of the two countries on the exportation of any articles to the United States or to the Eepublic . of Guatemala, respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be im- posed on the exportation or importation of any articles the produce or manufactures of the United States or of the Eepublic of Guatemala, to or from the territories of the United States, or to or from the territo- ries of the Eepublic of Guatemala, which shall not equally extend to all other nations. Article VI. It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of both countries privileges of *«- -"*.-- - . . - f.enn of either nation in the other. to manage themselves their own business in all the ports and places subject to the jurisdiction of each other, as well with respect to the consignment and sale of their goods and merchandise, by whole- 438 TREATIES AND CONVENTIONS. sale or retail, as with respect to the loading, unloading, and sending off their ships ; they being in all these cases to be treated as citizens of the country in which they reside, or at least to be placed on a footing with the subjects or citizens of the most favoured nation. Article VII. The citizens of neither of the contracting parties shall be liable to Embarconrciete,,- any embargo, nor be detained with their vessels, cargoes, purpose."* ' ,1,tary merchandise, or effects, for any military expedition, not for any public or private purpose whatever, without allowing to those interested a sufficient indemnification. Article VIII. Whenever the citizens of either of the contracting parties shall be ve 3 „ei3 or either forced to seek refuge or asylum in the rivers, bays, ports, i^th S 8 port", s &cf" g f or dominions of the other with their vessels, whether mer- the other. ' chant or of war, public or private', through stress of weather, pursuit of pirates or enemies, they shall be received and treated with humanity, giving to them all favour and protection for re- pairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind. Article IX. All the ships, merchandise, and effects belonging to the citizens of property captured one of the contracting parties, which may be captured by bypi™te». pirates, whether within the limits of its jurisdiction or on the high seas, and may be carried or found in the rivers, roads, bays, pprts, or dominions of the other, shall be delivered up to the. owners, they proving in due and proper form their rights before the competent tribunals; it being well understood that the claim should be made within the term of one year, by the parties themselves, their attorneys, or agents of their respective Governments. Article X. When any vessel belonging to the citizens of either of the contracting provi.ion for the parties shall be wrecked, foundered, or shall suffer anydam- c,u,e of wreck., &c. a ge on the coasts, or within the dominions of the other, there shall be given to them all assistance and protection, in the same manner which is usual and. customary with the vessels of the nation where the damage happens, permitting them to unload the said vessel (if necessary) of its merchandise and effects, without exacting for it any duty, impost, or contribution whatever, provided the same be exported. Article XI. , The citizens of each of the contracting parties shall have power to » dispose of their personal goods within the jurisdiction of in g r r°™ 0? pe e ™n'i the other, by sale, donation, testament, or otherwise, and Smof e°thor b mt!on their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestato, and they may take possession thereof, by themselves, or others acting for them, and dispose of the same at their will; paying GUATEMALA, 1849. 439 such dues only as the inhabitants of the country wherein said goods are or shall be subject to pay in like cases. And if, in the case of real estate, the said heirs would be prevented from entering into the posses- sion of the inheritance on account of their character of aliens, there shall be granted to them the term of three years to dispose of the same as they may think proper, and to withdraw the proceeds, without molestation, and exempt from all duties of detraction on the part of the Government of the respective States. Article XII. Both the contracting parties promise -and engage formally to give their special protection to the persons and property of the PropertJ , „ f citi . citizens of each other, of all occupations, who may be in the ^"kmS"!' 1 ™ territories subject to the jurisdiction of the one or of the theother - other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial recourse, on the same terms which are usual' and customary with the natives or citizens of the country in which they may be; for which they may employ, in defence of' their rights, such advocates, solicitors, notaries, agents, and factors as they -may judge proper in all their trials at law : and such citizens or agents shall have free opportunity to be present at the decisions and sentences of the tribunals in all cases which may concern them, and likewise at the taking of all examinations and evidence which may be exhibited in the said trials. Article XIII. It is likewise agreed that the most perfect and entire security of con- science shall be enjoyed by the citizens of both the contract- ing parties in the countries subject to the jurisdiction of the E ' e1 " 8 one and the other, without their being liable to be disturbed or molested on account of their religious belief, so long as they respect the laws and established usages of the country. Moreover, the bodies of the citizens of one' of the contracting parties who may die in the terri- tories of the other shall be buried in the usual burying- grounds, or in other decent or suitable places, and shall be protected from violation or disturbance. Article XIV. It shall be lawful for the citizens of the United States of America and of the Eepublic of Guatemala to sail with their ships, with ' ' ti j?-i-i j_ l *i -i • , « i ■ i • Trade with enemies. all manner of liberty and security, no distinction being made who are the proprietors of the merchandise laden thereon, from any port, to the places of those who now are or hereafter shall be at enmity with either of the contracting parties. It shall likewise be law- ful for the citizens aforesaid to sail with the ships and merchandises be- fore mentioned, and to trade with the same liberty and security, from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only di- rectly from the places of the enemy before mentioned to neutral places, but also from one place belonging to an enemy to another place belong- ing to an enemy, whether they be under the jurisdiction of one Power or under several. And it is hereby stipulated that free ships shall also give freedom to goods, and that everything shall be deemed Free shipB trer to be free and exempt which shall be found on board the <""" js - 440 TREATIES AND CONVENTIONS. ships belonging to the citizens of either of the 'contracting parties, al- though the whole lading or any part thereof should appertain to the enemies of either, contraband goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies of both or either party, they are not to be taken out of that free ship unless they are officers or soldiers, and in the actual service of the enemies ; provided, however, and it is hereby agreed, that the stipula- tions in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those Powers only who recognize this principle ; but if either of the two contracting parties shall be at war with a third and the other neutral, the flag of the neu- tral shall cover the property of enemies whose Governments acknowledge this principle, and not of others. Article XV. It is likewise agreed that in the case where the neutral flag of one of the contracting parties shall protect the property of the mg He™'™" pro'S'r enemies of the other, by virtue of the above stipulation, it i "" e ™ ,, '™" d shall always be understood that the neutral property found on board such enemy's vessels shall be held and considered as enemy's property, and as such shall be liable to detention and confiscation, ex- cept such property as was put on board such vessel before the declara- tion of war, or even afterwards, if it were done without the knowledge of it ; but the contracting parties agree that, two months having elapsed after the declaration, their citizens shall not plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy's property, in that case the goods and merchandises of the neutral em- barked in such enemy's ship shall be free. Article XVI. This liberty of navigation and commerce shall extend to all kinds of merchandises, excepting those only which are distinguished Contraband articles, -i,. ' /. . . i -, -, , . . n by the name of contraband ; and under this name of con- traband or prohibited goods shall be comprehended : 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuzees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and granades, bombs, powder, matches, balls, and all other things belonging to the use of these arms. 2dly. Bucklers, hemlets, breast-plates, coats of mail, infantry belts, and clothes made up in the form and for a military use. 3dly. Cavalry belts, and horses with their furniture. 4thly. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed expressly to make war by sea or land. Article XVII. All other merchandise and things not comprehended in the articles of Goods considered contraband explicitly enumerated and classified as above, a» iroe. shallbe held and considered as free, and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner, by both the contracting parties, even to places belong- Biockade or »ic » ""S to an enemy, excepting only those places which are at that time besieged or blockaded; and to avoid all doubt in 1849. 441 this particular, it is declared that those places only are besieged or Blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral. Article XVIII. The articles of contraband before enumerated and classified which may be found in a vessel bound for an enemy's port, shall ModoorprocMdmg be subject to detention and confiscation, leaving free the J h T 8 ° n ir e pa "°„ f tm e - rest of the cargo and the ship, that the owners may dispose b:md ' of them as they see proper. No vessel of either of the two nations shall be detained on the high seas on account of having on board arti- cles of contraband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great and of so large a bulk that they cannot be received on board the capturing ship without great in- convenience; but in this and in all other cases of just detention the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment according to law. Article XIX. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same -g • ii-i-i ii * i t • i * -1J1J Blockades and aieges. is besieged, blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place, but shall not be detained; nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from the commanding officer of the blockading forces, she shall again attempt to enter ; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either of the parties, that may have entered into such port or place before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such plabe with her cargo ; nor, if found therein after the reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. Article XX. In order to prevent all kind of disorder in the visiting and examina- tion of the ships and cargoes of both the contracting parties nigM of ; i8i , atl0 „ on the high seas, they have agreed, mutually, that whenever and aeard '- a vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain out of cannon-shot, and may send its boat, with two or three men only, in order to execute the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment, for which the commanders of the said armed ships shall be-responsible, with their persons and property ; for which purpose, the commanders of the said private armed vessels shall, before receiving their commis- sions, give sufficient security to answer for all the damages they may commit. And it is expressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting her papers, or for any other purpose whatever. Article XXI. To avoid all kind of vexation and abuse in the examination of the 442 TREATIES AND CONVENTIONS. slip'., Pp .„ i„ papers relating to the ownership of the vessels belonging nuwofawar. to ^ e citizens of the two contracting parties, they have agreed, and do agree, that in case one of them should be engaged in war, the ships and vessels belonging to the citizens of the other must be furnished with sea-letters or passports expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander of said vessel, in order that it may thereby ap- pear that the ship really and truly belongs to the citizens of one of the parties. They have likewise agreed, that such ships, being laden, be- sides the said sea-letters or passports, shall also be provided with certifi- cates containing the several particulars of the cargo and the place whence the ship sailed, so that it may be known whether any forbidden or contraband goods be on board the same ; which certificates shall be made out by the officers of the place whence the ship sailed in the accustomed form ; without which requisites said vessel may be detained to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be satisfied or supplied by testimony entirely equivalent. Article XXII. It is further agreed that the stipulations above expressed relative to s the visiting and examination of vessels shall" apply only 1 to those which sail without convoy ; and when said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection be- long to the nation whose flag he carries, and, when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient. Article XXIII. It is further agreed that in all cases the established courts for prize p™ Jim. causes in the country to which the prizes may be conducted shall alone take cognizance of them. And whenever such tribunal of either party shall pronounce judgment against any vessel, or goods, or property claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives on which the same .shall have been founded ; and an authenticated' copy of the sen- tence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of said vessel without any delay, he paying the legal fees for the same. Article XXIV. "Whenever one of the contracting parties shall be engaged in war commi«iio.»o r kt- "with another State, no citizen of the other contracting ter«ofw,«e. party shall accept a commission or letter of marque for the purpose of assisting or co-operating hostilely with the said enemy against the said party so at war, under the pain of being treated as a pirate. Article XXV. If by any fatality, which cannot be expected, and which God forbid, ca» or W ar be- tlie * wo contrac ti n g parties should be engaged in a war ™ e E*™ ™" lrac ' : w ith each other, (hey have agreed, and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and GUATEMALA, 1849. 443 the term of one year to those who dwell in the interior, to arrange their business and transport their effects wherever they please, giving to theni the safe-conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens of all other occupations who may be established in. the territories or do- minions of the United States of America and of the Eepublic of Guate- mala shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of human- ity, the contracting parties engage to give them. Article XXVI. Neither the debts due from individuals of the one nation to individ- uals of the other, nor shares nor moneys which they may have in public funds or in public or private banks, shall ever, in any event of war or of national difference, be sequestered or confiscated. Article XXVII. Both the contracting parties, being desirous of avoiding all inequality in relation to their public communications and official inter- EM „ pliona otz *. course, have agreed, and do agree, to grant to the Envoys, yor "' &c - Ministers, and other public agents the same favours, immunities, and exemptions which those of the most favoured nation do or shall enjoy ; it being understood that whatever favours, immunities, or privileges the United States of America or the Eepublic of Guatemala may find it proper to give the Ministers and public agents of any other Power, shall, by the same act, be extended to those of each of the contracting par- ties. Article XXVIII. To make more effectual the protection which the United States of America aud the Eepublic of Guatemala shall afford in fu- Comul , .„ d v ,„. ture to the navigation and commerce of the citizens of each c °" a » ls -' other, 'they agree to receive and admit Consuls and Vice-Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, prerogatives, andimmunities of the Consuls and Vice-Consuls of the most favoured nation ; each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls and Vice-Consuls may not seem convenient. Article XXIX. In order that the Consuls and Vice Consuls of the two contracting par- ties may enjoy the rights, prerogatives, and immunities consul., &, c ., to which belong to them by their public character, they shall, ^S' M l i$ J"™: before entering on the exercise of their functions, exhibit <»'«"■ ««»■«»■■• their commission or patent in due form to the Government to which they are accredited ; and, having obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates, and in- habitants in the consular district in which they reside. Article XXX. It is likewise agreed that the Consuls, their secretaries, officers, and 444 TREATIES AND CONVENTIONS. eon..,;, and ti ieir persons attaclied to the service of Consuls, they not being secretaries, &c. citizens of the country in which the Consul resides, shall be exempt from all public service, and also from all kind of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens and inhab- itants, native and foreign, of the country in which they reside, are sub- ject; being in everything besides subject to the laws of the respective States. The archives and papers of the consulate shall be respected inviolably, and under no pretext whatever shalbany magistrate seize or in any way interfere with them. Article XXXI. The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and cus- tody of deserters from the public and private vessels of their country, and for that purpose they shall address themselves to the courts, judges, and officers competent, and shall demand the said de- serters in writing, proving by an exhibition of the registers of the ves- sel's or ship's roll, or other public documents, that those men were part of the said crews ; and on this demand, so proved, (saving, however, where the contrary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of the said Consuls, and may be put in the public prisons, at the request and expense of those who reclaim them, to be sent to the ships to which they be- longed, or to others of the sarne,nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. Article XXXII. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as Consular convention. °, ' ol . . ° r ... . , , V ° ' soon hereaiter as circumstances will permit, to form a con- sular convention, which shall declare specially the powers and immu- nities of the Consuls and Vice-Consuls of the respective parties. Article XXXIII. The United States of America and the Eepublic of Guatemala, desir-' ing to make as durable as circumstances will permit the relations which are to be established between the two parties by virtue of this treaty or general convention of peace, amity, commerce, and navigation, have declared solemnly, and do agree to, the following points : 1st. The present treaty shall remain in full force and virtue for the term of twelve years, to be counted from the day of the ex- change of the ratifications, and further until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same ; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of said term of twelve years. And it is hereby agreed between them, that on the expiration of one year after such notice shall have been received by either from the other party, this treaty, in all its parts relative to commerce and navigation, shall altogether cease and deter- mine, and in all those parts which relate to peace and friendship it shall be perpetually binding on both Powers. GUATEMALA, 1849. 445 2dly. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizens shall be held personally responsible for the same, and the harmony and good correspondence between the nations shall not be interrupted thereby ; each party en- gaging in no way to protect the offender or sanction such violation. 3dly. If (Which indeed cannot be expected) unfortunately any of the articles contained in the present treaty shall be violated or n • -i • it -II . . . , ,. Satisfaction to be infringed in any other way whatever, it is expressly stipu- demanded before »» lated that neither of the contracting parties will order or """ e ''- authorize any acts of reprisal, nor declare war against the other, on com- plaints of injuries or damages, until the said party considering itself offended shall first have presented to the other a statement of such in- juries or damages, verified by competent proof, and demanded justice and satisfaction, and the same shall have been either refused or tin- reasonably delayed. 4thly. Nothing in this treaty contained shall, however, be construed or operate contrary to former and existing public treaties with other sovereigns or States. The present treaty of peace, amity, commerce, and navigation shall be approved and ratified by the President of the United States of America by'and with the advice and consent of the Senate thereof, and by the Government of the Eepublic of Guate- mala, and the ratifications shall be exchanged in the city of Washington or Guatemala within eighteen months, counted from the date of the signature hereof, or sooner if possible. In faith whereof we, the Plenipotentiaries of the United States of America and of the Eepublic of Guatemala, have signed and sealed these presents, in the city of Guatemala, this third day of March, in the year of our Lord one thousand eight hundred and forty-nine. ELIJAH HISE. J. MAEIAM) EODEIGUEZ. L. S. L. S, HANOVER [All the treaties with Hanover are regarded as having terminated in consequence of its conquest and incorporation into the Kingdom of Prussia in 1866.] HANOVER, 1840. TREATY WITH THE KING OF HANOVER. CONCLUDED MAY 20, 1H4 0; RATI- FICATIONS EXCHANGED NOVEMBER 14, 1840 ; PROCLAIMED JANUARY 2, 1841. The United States of America and His Majesty the King of Hanover, equally animated by the desire of extending as far as possible the commercial relations between, and the exchange of the productions of their respective States, have agreed, with this view, to conclude a treaty of commerce and navigation. For this purpose, the President of the United States of America has furnished with full powers Henry Wheaton, their Envoy Extraordinary and Minister Plenipotentiary near His Maj- esty the King of Prussia ; and His Majesty the King of Hanover has furnished with the like full powers Le Sieur Auguste de Berger, his Envoy Extraordinary and Minister Plenipotentiary near His Majesty the King of Prussia, Lieutenant General, Knight Grand Cross of the Order of Guelph, the fted Eagle of Prussia, the Order of Merit of Olden- burg, &c; Who, after exchanging their said full powers, found in good and due form, have concluded and signed, subject to ratification, the following articles : Article I. There shall be between the territories of the high con- Keciprocnl liberty , ,. , . . - .., , „ °, n f commerce anj tracting parties a reciprocal libertv of commerce and navi- iiavigation. j_. gation. The inhabitants of their respective States shall mutually have liberty to enter, with or without their ships and cargoes, the ports, places, waters, and rivers of the territories of each party wherever foreign com- merce is permitted. They shall be permitted to sojourn and reside in all parts whatsoever of said territories, in order to attend to their affairs, and also to hire and occupy houses and warehouses for the purposes of their commerce, provided they submit to the laws, as well general as special, relative to the right of residing and trading. Whilst they conform to the laws and regulations in force, they shall be at liberty to manage themselves their own business, in all the territo- ries subject to the jurisdiction of each party, in respect to the consign- ment and sale of their goods, by wholesale or retail, as with respect to the loading, unloading, and sending off their ships, or to employ such agents and brokers as they may deem proper, they being, in all these cases, to be treated as the citizens or subjects of the country in which they reside, it being nevertheless understood that they shall remain sub- HANOVER, 1840. 447 ject to the said laws and regulations also in respect to sales by whole- sale or retail. They shall have free acce'ss to the tribunals of justice in their litigious affairs on the same terms which are granted by the law and usage of the country to native citizens or subjects, for which purpose they may employ in defence of their rights such advocates, attorneys', and other agents as they may judge proper. Article II. No higher or other duties shall be imposed in any of the ports of the United States on Hanoverian vessels than those payable in the same ports by vessels of the United States ; nor in the ports of the Kingdom of Hanover on the vessels of the United States than shall be payable in the same ports on Hanoverian vessels. The privileges secured by the present article to the vessels of the respective high contracting parties shall only extend to such VcMeU t0 „ hich as are built within their respective territories, or lawfully "^"ymfLtMe" condemned as prize of war, or adjudged to be forfeited for extend ' a breach of the municipal laws of either of the parties, and belonging wholly to their citizens or subjects respectively, and of which the master, officers, and two-thirds of the crew shall consist of the citizens or sub- jects of the country to which the vessel belongs. The same duties shall be paid on the importation into the ports of the United States of any articles' the growth, produce, or manu- n j n ,, T7 ~. -V « -r-r ° 'n ,i ' < Duties on imports. lacture of the Kingdom of Hanover, or of any other country belonging to the Germanic Confederation and the Kingdom of Prussia, from whatsoever ports of the said country the said vessels may depart^ whether such importation shall be in vessels of the United States or in Hanoverian vessels ; and the same duties shall be paid on the importa- tion into the ports of the Kingdom of Hanover of any articles the growth, produce, or manufacture of the United States and of every other country of the continent of America and the West India Islands, from whatsoever ports of the said countries the vessels may depart, whether such importation shall be in Hanoverian vessels or the vessels of the United States. The same duties shall be paid and' the same bounties allowed on the exportation of any articles the growth, produce, or manufac- , n ,, T7-. j j?i-r j? Lt j. Duties on exports. ture of the Kingdom of Hanover, or of any other country belonging to the Germanic Confederation and the Kingdom of Prussia, to the United States, whether such exportation shall be in vessels of the United States, or in Hanoverian vessels, departing from the ports of Hanover; and the same duties shall be paid and the same bounties allowed on the exportation of any articles the growth, produce, or man- ufacture of the United States and of every other country on the continent of America and the West India Islands, to the Kingdom of Hanover, whether such exportation shall be in Hanoverian vessels or in vessels of the United States departing from the ports of the United States. Article III. No higher or other duties shall be imposed on the importation into the - United States of any articles the growth, produce, or manu- Dt . es m ^ ^ facture of the Kingdom of Hanover, and no higher or other j»£"' e °r «rS^ duties shall be imposed on the importation into the Kingdom of Hanover of any articles the growth, produce, or manufacture of the Exportation. I 448 TREATIES AND CONVENTIONS. United States, than are or shall be payable on the like articles being the growth, produce, or manufacture of any other foreign country. Kb higher or other duties and charges shall be imposed in the United States on the exportation of any articles to the Kingdom of Hanover, or in Hanover on the exportation of any articles to the United States, than such as are or shall be payable on the exporta- tion of the like articles to auy other foreign country. No prohibition shall be imposed on the exportation or importation of any articles the growth, produce, or manufacture of the United States, or the Kingdom of Hanover, to or from the ports of said Kingdom or of the said United States, which shall not equally extend to all other nations. Article IV. The preceding articles are not applicable to the coasting trade and navigation of the high contracting parties, which are re- spectively reser red by each exclusively to its own citizens or subjects. Article Y. Kb priority or preference shall be given by either of the contracting n„ prsre«„=e o f parties, nor by any company, corporation, or agent, acting importations. ou t^ e i r behalf, or under their authority, in the purchase of any article of commerce lawfully imported on account or in reference to the national character of the vessel, whether it be of the one party or of the other in Avhich such article was imported. Article VI. The contracting parties grant to each other the liberty of having, each in the ports of the other, Consuls, Vice-Consuls, agents, and Consuls, &C. • • n ii • "i it -ill" commissaries of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nations ; but if any of the said Consuls shall carry on trade, they shall be sub- jected to the same laws and usages to which private individuals of their nation are subjected in the same place. The Consuls, Vice-Consuls, and commercial agents shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the masters and crews of the vessels belonging to the nation whose interests are committed to their charge, without the inter- ference of the local authorities, unless the conduct of the crews or of the captain should disturb the order or tranquillity of the country ; or the said Consuls, Vice-Consuls, or commercial agents should require their assistance to cause their decisions to be carried into effect or supported. It is, however, understood, that this species of judgment or arbitra- tion shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their own country^ The said Consuls, Vice-Consuls, and commercial agents are authorized to require the assistance of the local authorities for the search, arrest, and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand said deserters, proving by the exhibition of the registers of the vessels, the muster-rolls of the crews, or by any other official documents, that such individuals formed part of the crews ; and on this claim being thus substantiated, the surrender s hall not be refused. HANOVEKj \L840. 449 Such deserters, -when arrested, shall be placed at the disposal of the said Consuls, Vice-Consuls, or commercial agents, and may DeMrteH , be confined in the public prisons, at the request and cost of those who shall claim them, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months from the day of their arrest, they shall be set at liberty.and shall not be again arrested for the same cause. However, if the, deserter shall be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which his case shall be pending shall have pronounced his sentence, and such sentence shall have been carried into effect. Article VII. The citizens or subjects of each party shall have power to dispose of their personal property within the jurisdiction of the other, Power to diBpose by sale, donation, testament, or otherwise. of personal » r ™ er »-- Their personal representatives, being citizens or subjects of the other contracting party, shall succeed to their said personal property, whether by testament or ab intestato. They may take possession thereof, either by themselves or by others acting for them, at their will, and dispose of the same, paying such duties only as the inhabitants of the country wherein the said personal property is situate shall be subject to pay in like cases. In case of the absence of the personal representatives, the same care shall be taken of the said property as would be taken of the property of a native in like case, until the lawful owner may take measures for receiving it. If any question should arise among several claimants to which of them the said property belongs, the same shall be finally decided by the laws and judges of the country wherein it is situate. Where, on the decease of any person, holding real estate within the territories of one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other were he not disqualified by alienage, such citizen or subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds without molestation, and exempt from all duties of detraction on the part of the Government of the respective States. The capitals and effects which the citizens or subjects of the respective parties, in changing their residence, shall be desirous of removing from the place of their domicile, shall likewise be exempt from all duties of detraction or emigration on the part of the respective Governments. Article VIII. The ancient and barbarous right to wrecks of the sea shall be entirely abolished with respect to the property belonging to the Wrectg citizens or subjects of the contracting parties. When any vessel of either party shall be wrecked, stranded, or other- wise damaged on the coasts, or within the dominions of the other, their respective citizens or subjects shall receive, as well for themselves as for their vessels and effects, the same assistance which would be due to the inhabitants of the country where the accident happens. They shall be .liable to pay the same charges and dues of salvage as the said inhabitants would be liable to pay in a like case. If the operations of repair shall require that the whole or any part of 99 450 TREATIES AND CONVENTIONS. the cargo be unloaded, they shall pay no duties of custom, charges, or fees ou the part which they shall reload and carry away, except as are payable in the like cases by national vessels. It is nevertheless understood that if, whilst the vessel is under repair, the cargo shall be unladen, and kept in a place of deposite, destined to receive goods, the duties on which have not been paid, the cargo shall be liable to the charges and fees lawfully due to the keepers of such warehouses. Article IX. The present treaty shall be in force for the term of twelve years from Dur^on of a.- the date hereof; and further until the end of twelve months treaty. a f ter tne Government of the United States on the one part, or that of Hanover on the other, shall have given notice of its intention of terminating the same. Article X. The present treaty shall be approved and ratified by the President of the United States of America, by and with the advice and consent of their Senate; and by His Majesty the King of Hanover; and the ratifications thereof shall be exchanged at the city of Berlin, within the space of ten months from this date, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the above articles as well in French as in English, and have affixed thereto the seals of their arms, declaring at the same time that the signature in the two languages shall not hereafter be cited as a precedent, nor in any manner prejudice the contracting parties. Done in quadruplicate at the city of Berlin the twentieth day of May, . in the year of our Lord one thousand eight hundred and forty, and the sixty-fourth of the Independence of the United States of America. HENRY WHEATOK [l. S. AUGUSTUS DE BEEGEE. [L.s/ HAXOVEE, 1846. TREATY OF COMMERCE AND NAVIGATION WITH HANOVER. CONCLUDED JUNE 10, 1846 ; RATIFICATIONS EXCHANGED MARCH 5, 1847 ; PROCLAIMED APRIL 24, 1847. The United States of America and His Majesty the King. of Hanover, equally animated with a desire of placing the privileges of their navi- gation on a basis of the most extended liberality, and of affording . otherwise every encouragement and facility for increasing the commer- cial intercourse between their respective States, have resolved to settle in a definitive manner the rules which shall be observed between the One and the other, by means of a treaty of navigation and commerce ; for which purpose the President of the United States has conferred full powers on A. Dudley Mann, their Special Agent to His Majesty the King of Hanover ; and His Majesty the King of Hapover has furnished with the like full powers the Baron George Frederick de Falcke, of his Privy Council, Knight Grand Cross of the Eoyal Guelphick Order ; Who, after exchanging their full powers, found in good and due form, have concluded and sigued, subject to ratification, the following arti- cles. HANOVER, 1846. 451 Article I. The high contracting parties agree that whatever kind of produce, manufacture, or merchandise of any foreign country, can be, h o( both from time to time, lawfully imported into the United States parjjSTpLc°don?i« in their own vessels, may also be imported in vessels of the Kingdom of Hanover ; and no higher or other duties upon the tonnage or cargo of the vessel shall be levied or collected, whether the impor- tation be made in a vessel of the United States or in a Hanoverian vessel. And in like manner, whatever kind of produce, manufacture, or merchandise of any foreign country, can be, from time to time, law- fully imported into the Kingdom of Hanover in its own vessels, may also be imported in vessels of the United States ; and no higher or other duties upon the tonnage or cargo of the vessel shall be levied or collected, whether the importation be made in vessels of the one party or the other. "Whatever may be lawfully exported or re-exported by one party in its own vessels to any foreign country may, in like manner, oc . be exported or re-exported in the vessels of the other. And the same duties, bounties, and drawbacks shall be collected and allowed, whether jsuch exportation or re-exportation be made in vessels of the one party or the other. Nor shall higher or other charges of any kind be imposed in the ports of the one party on vessels of the other than are or shall be payable in the same ports by national vessels. And further, it is agreed that no higher or other toll shall be levied or collected at Brunshausen or Stade, on the Eiver Elbe, upon the tonnage or cargoes of vessels of the United States, than is levied and collected upon the tonnage and cargoes of vessels of the Kingdom of Hanover ; and the vessels of the United States shall be subjected to no charges, detention, or other inconvenience by the Hanoverian authorities, in passing the above-mentioned place, from which vessels of the Kingdom of Hanover are or shall be exempt. Article II. The preceding article is not applicable to. the coasting trade and nav- igation of the high contracting parties, which are respect- ively reserved by each exclusively to, its own subjects or co^um trade. citizens. Article III. No priority or preference shall be given by either of the contracting parties, nor by any company, corporation, or agent acting Pre ference - m P ur- on their behalf, or under their authority, in the purchase cl,ase of any article of commerce, lawfully imported, on account of or in ref- erence to the national character of the vessel, whether it be of the one party or of the other, in which such*article was imported. Article IV. The ancient and barbarous right to wrecks of the sea shall remain entirely abolished with respect to the property belonging to the citizens or subjects of the high contracting parties. When any vessel of either party shall be wrecked, stranded, or other- ( wise damaged on the coasts or within the dominions of the ( other, their respective citizens or subjects shall receive, as 452 TREATIES AND CONVENTIONS. ■well for themselves as for their vessels and effects, the same assistance ■which would he due to the inhabitants of the country where the accident happens. \ They shall be liable to pay the same charges and dues of salvage as the said inhabitants would be liable to pay in a like case. If the operations of repairs shall require that the whole or any part of the cargo be unloaded, they shall pay no duties of cus- i^or™*. torn, charges, or fees on the part which they shall reload and carry away, except such as are payable in the like case by national vessels. It is nevertheless understood that if, whilst the vessel is under repair,, the cargo shall be unladen and kept in a place of deposite destined to receive goods, the duties on which have not been paid, the" cargo shall be liable to the charges and fees lawfully due to the keepers of such warehouses. Article Y. The privileges secured by the present treaty to the respective vessels of the high contracting parties shall only extend to such as the^rfvikgesofthk are built within their respective territories, or lawfully con- ire M y .haii extend, ^gj^gfl ^ s p r i ze f . war, or adjudged to be forfeited for a breach of the municipal laws of either of the high contracting parties, and belonging wholly to their citizens or subjects. It is further stipulated that vessels of the Kingdom of Hanover may select their crews from any of the States of the Germanic Confederation, provided that the master of each be a subject of the Kingdom of Han- over. Article VI. No higher or other duties shall be imposed on t^e importation into the United States of any articles the growth, produce, or man- posed'on the imp'S". ufacture of the Kingdom of Hanover, or of its fisheries, and tationof articles into iart of the Government of the respective States. The capitals and effects which the citizens or subjects of the respect- ive parties, in changing their residence, shall be desirous of removing from the place of their domicil, shall likewise be exempt from all duties' of detraction or emigration on the part of their respective Govern- ments. Article XI. The present treaty shall continue in force for the term of twelve years from the date hereof, and farther until the end of twelve months after the Government of Hanover on the one part, or that of the United States on the other part, shall have given notice of its intention of terminating the same ; but upon the condition hereby expressly stipulated and agreed, that if the Kingdom of Hanover shall determine, during the said term of twelve years, to augment the exist- ing import duty upon leaves, strips, or stems of tobacco imported in hogsheads or casks, a duty which at this time does riot exceed one thaler and one gutengroschen per one hundred pounds Hanoverian cur- rency and weight, (seventy cents pr. one hundred pounds United States currency and weight,) the Government of Hanover shall give a notice of one year to the Government of the United States before proceeding to do so ; and at the expiration of that year, or any time subsequently, the Government of the United States shall have fall power and right to abrogate the present treaty by giving a previous notice of six months to the Government of Hanover, or to continue it (at its option) in full force until the operation thereof shall have been, arrested in the manner first specified in the present article. Article XII. The United States agree to extend all the advantages and privileges contained in the stipulations of the present treaty to one or more of the other States of the Germanic Confederation , which t£ij a °mZ be 'e*"- may wish to accede to them, by means of an official exchange s'«« of'a"^" of declarations; provided that such State or States s j iair ™™ cc °" feteat '™- confer similar favors upon the said United States to those conferred by the Kingdom of Hanover, and observe and be subject to the same condi- tions, stipulations, and obligations. Article XIII. The present treaty shall be approved and ratified by the President of the United States of America, by and with the advice and consent of their Senate, and by His Majesty the King of ' cat "" 3 ' Hanover ; and the ratifications thereof shall be exchanged at the city of Hanover, within the space of ten months from this date, or sooner if possible, when the treaty of commerce and navigation concluded between, the high contracting parties at Berlin, on the 20th day of May, 1840, shall become null and void to all intents and purposes. In faith whereof we, the Pleninotentaries of the high contracting 456 TREATIES AND CONVENTIONS. parties, have signed the present treaty, and have thereto affixed our seals. Done in quadruplicate at the city of Hanover, on the tenth day of June, in the year of our Lord one thousand eight hundred and forty-six, and in the seventieth year of the Independence of the United States of A. DUDLEY MANN. [l. s.l GEORGE FREDERICK BARON DE FALCKE. [l. s.j * [For accessions to this treaty, under the twelfth article thereof, see names of the particular States.] HANOVER, 1855. CONVENTION WITH HANOVER, FOR THE MUTUAL EXTRADITION OF FUGI- TIVES FROM JUSTICE IN CERTAIN CASES. CONCLUDED JANUARY 18, 1855 ; RATIFICATION EXCHANGED APRIL 17, 1855 ; PROCLAIMED MAY 5, 1855. The United States of America and His Majesty the King of Hanover, actuated by an equal desire to further the administration of justice, and to prevent the commission of crime in their respective countries, taking into consideration that the increased means of communication between Europe and America facilitate the escape of offenders, and Extradition of that consequently provision ought to be made in order criminal. tliat the ends of justice shall not be defeated, have deter- mined to conclude an arrangement destined to regulate the course to be observed in all cases with reference to the extradition of such in- dividuals as, having committed any of the offences hereafter enumer- ated in one country, shall have taken refuge within the territories of the other. The constitution and laws of Hanover, however, not allow- ing the Hanoverian Government to surrender their own subjects for trial before a foreign court of justice, a strict reciprocity requires that the Government of the United States shall be held equally free from any obligatidn to surrender citizens of the United States. For which pur- poses the high contracting Powers have appointed as their Plenipoten- tiaries : The President of the United States, James Buchanan, Envoy Extraor- se ti.tc.r- dinary and Minister Plenipotentiary of the United States at the Court of the United Kingdom of Great Brijtain and Ireland ; His Majesty the King of Hanover, "the Count Adolphus von Kielmansegge, his Envoy Extraordinary and Minister Plenipotentiary to Her Britannic Majesty, Grand Cross of the Order of the Guelphs, &c, &c; Who, after reciprocal communication of their respective full powers, found in good and due form, have agreed to the following articles : Article I. The Government of the United States and the Hanoverian Govern- or what crime, ment Pr° mi . 8e a . nd en g a ge, upon mutual requisitions hy '«traditTo n at rr, c a r y m te them, or their Ministers, officers, or authorities, respectively made, to deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged papers, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, committed within . HANOVER, 1855. 457 the jurisdiction of either party, shall seek an asylum, or shall be found within the territories of the. other ; provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offence had there been committed ; and the respective judges and other magis- trates of the two Goverments shall have power, jurisdiction, and authority, upon complaint made under path, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered ; and if, on such hearing, the evidence be deemed sufficient to sustain the charge,, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition _ and receives the fugitive. Article II. The stipulations of this convention shall be applied to any other State of the Germanic Confederation which may hereafter declare othIt G2rma „ ic -its accession thereto. . sta,e "- Article III. None of the contracting parties shall be bound to deliver up its own subjects or citizens under the stipulations of this convention. Article IV. Whenever any person accused of any of the crimes enumerated in this convention shall have committed a new crime in the , ., j? j_i ci j. j. i it i i. l When the criminal territories of the State where he has sought an asylum, or i™ committed a new shall be found, such person shall not be delivered up, under cr "° e the stipulations of this convention, until he shall have been tried and shall have received the punishment due to such new crime, or shall have been acquitted thereof. Article V. The present convention shall continue in force until the first of Janu- ary, one thousand eight hundred and fifty-eight ; and if Durat ion r tn* neither party shall have given to the other six months' conve,,ti<,n - previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other of such intention, each of the high contracting parties reserving to itself the right of giving such notice to the other at any time after the expiration of the said first day of January, one thousand eight hundred and fifty- eight. Article VI. The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by the Government of Hanover, and the ratifications 458 TEEATIES A^TD CONVENTIONS. * shall be exchanged in London within three months from the date hereof, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed this con- vention, and have hereunto affixed their seals. Done in duplicate in London, the eighteenth day of January, one thousand eighfhundred and fifty-five, and the seventy-ninth year of the Independence of the United States. » JAMES BUCHANAN, |l. s. A. KIELMANSEGGE. [l. s.' HANOVER, 1861. TREATY BETWEEN THE UNITED STATES OP AMEEICA AND THE KING OF HANOVEE, CONCERNING THE ABOLITION OP THE STADE OE BEUNS- HAUSEN DUES. CONCLUDED NOVEMBEE 6, 1861 ; EATIPICATIONS EX- CHANGED AT BEELIN APEIL 29, 1862 ; PEOCLAIMED JUNE 17, 1862. Special treaty concerning the abolition of the Stade or Brunshausen dues. The United States of America and His Majesty the King of Hanover, equally animated by the desire to increase and facilitate the relations of commerce .and navigation between the two countries, have resolved to conclude a special treaty, to the end to free the navigation of the Elbe from the tolls known under the designation of the Stade or Brunshausen dues, and have for that purpose conferred full powers : The President of the United States of America upon Mr. Norman B. Judd, Envoy Extraordinary and Minister Plenipotentiary piempotentianes. ^ ^ e United States of America to Prussia, and His Majesty the King of Hanover upon his Envoy Extraordinary and Minister Plen- ipotentiary at the Boyal Prussian Court, the Lieutenant Colonel and Extraordinary Aid-de-Camp, Mr. August Wilhelm von Beitzenstein, Knight Commander of the 2d class of- the Boyal Guelphick Order, etc. ; Who, after having exchanged their full powers, and having found them to be in due and proper form, have concluded the following articles : Article I. His Majesty the King of Hanover assumes towards the United States of America, who accept the same, the obligation — 1. To abolish completely and forever the toll hitherto levied on the stade or Bruns- cargoes of American vessels ascending the Elbe, and pass- men du es . j n g fjjg mou th of the river called Schwinge, designated under the name of the Stade or Brunshausen dues ; 2. To levy no toll of any kind, of whatever nature it may be, upon the hulls or cargoes of American vessels ascending or descending the Elbe, in place of those dues, the abolition of which is agreed upon in the preceding paragraph ; 3. Nor to subject hereafter, under any pretext whatever, American vessels ascending or descending the Elbe to any measuje of control re- garding the dues that are hereby abolished. HANOVER, 1861. 459 * Article II. His Majesty the King of Hanover obligates himself moreover to the United States of America— 1. To provide as hitherto, and to the extent of the existing obliga- tions, for the maintenance of the works that are necessary work. ^™*>™ for the free navigation of the Elbe ; 'th/llbST 18 "" " ° 2. Not to impose, as a compensation for the expenses resulting from the execution of this obligation, upon the American marine, any charge ■whatever, in lieu and place of the Stade or Brunshausen dues. Article III. * By way of damage and compensation for the sacrifices imposed upon His Majesty the King of Hanover by the above stipulations, Indeinni . the United States of America agree to pay to His Majesty the King of Hanover, who accepts the same, the sum of sixty thousand three hundred and fifty-three thalers, Hanoverian currency, this being the proportional quota part of the United States in the general table of indemnification for the abolition of the Stade or Brunshausen dues. ' Article IV. The sum of sixty thousand three hundred and fifty-three thalers cour- ant, stipulated in Article III, shall be paid at Berlin, into the hands of such person as shall have been authorized by His Majesty the King of Hanover to receive it, on the day of the exchange of ratifications as hereinafter provided. In consideration of the fact that the stipulations contained in Articles I and II have already been applied to the American flag since the first day of July, 1861, the United States of America agree to pay besides, and the same time with the capital above named, the interest of that sum, at the rate of four per centum per annum, commencing with the first day of October, 1861. Article V. The execution of the obligations contained in the present treaty is especially subordinated to the accomplishment of such formalities and rules as are established by the constitutions of the high contracting Powers, and the compliance with these formalities and rules be brought about within the shortest delay possible. Article VI. The treaty of commerce and navigation concluded between the United States of America and His Majesty the King of Hano- Formertreat ver on the tenth day of June, 1846, shall continue to remain in force, with the exception of the stipulation contained in paragraph 3, Article I, which shall cease to have effect after the present . treaty shall have been ratified. Article VII. This treaty shall be approved and ratified, and the ratifications shall 460 TREATIES AND CONVENTIONS. be exchanged at the city of Berlin, within six months from the present date, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the above articles, both in the English and German languages, and they have thereto affixed their seals. Done in duplicate at Berlin the sixth clay of November, in the year of our Lord one thousand eight hundred and sixty-one, and the Independence of the United States of America the eighty-sixth. N. B. JUDD. [L.s. WILHELM AUGUST VON BEITZENSTEIN. [l. s.' PEOTOCOLE. It remains understood that, until the execution of the stipulations contained in Articles V and VII of the treaty of to-day shall have taken place, the Hanoverian Government shall pre- serve the right, provisionally, by way of precaution, to maintain the dues which it has agreed to abolish. But as soon as the United States of America shall have fulfilled the stipulations therein mentioned, the Hanoverian Government shall order the discharge of that temporary measure of precaution, as regards merchandise transported in American vessels. Until, however, all the Powers, parties to the general treaty of the 22d day of June, 1861, concerning the abolition of the Stade or Brunshausen dues, shall have fulfilled the en- gagements contained in the Articles VI and VII of the last-named treaty, it shall have power to require of American vessels a proof of their nationality, without thereby causing them a delay or detention. , Done at Berlin the 6th November, 1861. N. B. JUDD. [L.S.] WILHELM AUGUST VON EEITZENSTEIN. [l. s.j HANSEATIC REPUBLICS. [The Hanseatic Republics were incorporated into the North German Union, under the constitution #f the latter, July 1, 1867.] HANSEATIC EEPUBLICS, 1827. CONVENTION OF FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN THE UNITED STATES OF AMERICA AND THE FREE HANSEATIC REPUB- LICS OF LUBECK, BREMEN, AND HAMBURG. CONCLUDED DECEMBER 20, 1827 ; RATIFICATIONS EXCHANGED JUNE 2, 1828 ; PROCLAIMED JUNE 2, 1828. The United States of America on the one part, and the Eepublic and Free Hanseatic City of Lubeck, the Eepublic and Free Han- objK . t 0[ ,^ a seatic City of Bremen, and the Eepublic and Free Hanseatic treaty - City of Hamburg, (each State for itself separately,) on the other part, being desirous to give greater facility to their commercial intercourse, and to place the privileges of their navigation on a basis of the most extended liberality, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall be observed between the one and the other, by means of a convention of friendship, commerce, and navi- gation. For the attainment of this most desirable object, the President of the United States of America has conferred full powers on Re ^^ Henry Clay, their Secretary of State; and the Senate of the Eepublic and Free Hanseatic City of Lubeck, the Senate of the Ee- public and Free Hanseatic City of Bremen, and the Senate of the Ee- public and Free Hanseatic City of Hamburg, have conferred full powers on Vincent Eumpff, their Minister Plenipotentiary near the United States of America; Who, after having exchanged their said full powers, found iu due and proper form, have agreed to the following articles : Article I. The contracting parties agree, that whatever kind of produce, manu- facture, or merchandise of any foreign country can be, from ru time to time, lawfully imported into the United States in their own vessels, may be also imported in vessels of the said Free Han- seatic Eepublics of Lubeck, Bremen, and Hamburg;* and that no higher or other duties upon the tonnage or cargo of the vessel shall . be levied or collected, whether the importation be made in vessels of the United States, or of either of the said Hanseatic Eepublics. And, in like man- ner, that whatever kind of produce, manufacture, or merchandise of any foreign country can be, from time to time, lawfully imported into either of the said Hanseatic Eepublics, in its own vessels, may be also im- ported in vessels of the United States ; and that no higher or other duties upon the tonnage or cargo of the vessel shall be levied or col- lected, whether the importation be made in vessels of the one party or of the other. And they further agree, that whatever may be lawfully 462 TREATIES AND CONVENTIONS. exported, or re-exported, by one party in its own vessels, to any foreign country, may, in like manner, be exported or re-exported in the vessels of the other party. And the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the one party or of the other. Nor shall higher or other charges, of any kind, be imposed in the ports of the one party, on vessels of the other, than are or shall be payable in the same ports by national vessels. Article II. No higher or other duties shall be imposed on the importation, into the United States, of any article the produce or manufac- by °ff * contraSg ture of the Free Hanseatic Eepublics of Lubeck, Bremen, and Hamburg ; and no higher or other duties shall be imposed on the importation, into either of the said Eepublics, of any article the produce or manufacture of the United States, than are or shall be pay- able on the like article being the produce or manufacture of any other foreign country ; nor shall any other or higher duties or charges be im- posed by either party on the exportation of any articles to the United .States, or to the Free Hanseatic Eepublics of Lubeck, Bremen, or Hamburg, respectively, than such as are, or shall be payable on the ex- portation of the like articles to any other foreign country ; nor shall any prohibition be imposed on the importation or exportation of any article the produce or manufacture of the United States, or of the Free Hanseatic Eepublics of Lubeck, Bremen, or Hamburg, to or from the ports of the United States, or to or from the ports of the other party, which shall not equally extend to all other nations. Article III. No priority or preference shall be given, directly or indirectly, by any no priority or p re - or either of the contracting parties, nor by any company, rerer.ce to be gl ve„. corporation, or agent, acting on their behalf, or under their authority, in the purchase of any article the growth, produce, or manu- facture of their States, respectively, imported into the other, on account of, or in reference to the character of the vessel, whether it be of the one party or of the other, in which such article was imported ; it being the true intent and meaning of the contracting parties that no distinc- tion or difference whatever shall be made in this respect. Article IV. In consideration of the limited extent of the territories of the Eepub- lics of Lubeck, Bremen, and Hamburg, and of the intimate connection of trade and navigation subsisting between these Eepublics, it is hereby stipulated and agreed, that any vessel which shall be owned exclusively by a citizen or citizens of any or either of them, and of which the mas- ter shall also be a citizen of any or either of them, and provided three- fourths of the crew shall be citizens or subjects of any or either of the said Eepublics, or of any or either of the States of the Confedera- tion of Germany, such vessel, so owned and navigated, shall, for all the purposes of this convention, be taken to be and considered as a vessel belonging to Lubeck, Bremen, or Hamburg. • HANSEATIC REPUBLICS, 1827. 463 Article V. Any vessel, together with her cargo, belonging to either of the Free Hanseatic Bepublics of Lubeck, Bremen, or Hamburg, and coming from either of the said ports to the United States, shall, for all the purposes of this convention, be deemed to have cleared from the Eepublic to which such vessel belongs, although, in fact, it may not have been the one from which she departed; and any vessel of the United States, and her cargo, trading to the ports of Lubeck, Bremen, or Hamburg, directly, or in succession, shall, for the like purposes, be on the footing of a Han- ■seatic vessel and her cargo making the same voyage. Article VI. It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of both parties, to manage, themselves, their own business, in all the ports and places subject to the jurisdiction of each other, as well with respect to the consignment and sale of their goods and merchandise by wholesale or retail, as with respect to the loading, unloading, and sending off their ships, submit- ting themselves to the laws, decrees, and usages there established, to which native citizens are subjected ; they being, in all these cases, to be treated as citizens of the Eepublic in which they reside, or at least to be placed on a footing with the citizens or subjects of the most favored nation. Article VII. The citizens of each of the contracting parties shall have power to dispose of their personal goods, within the jurisdiction of Po „ er to diBP03e the other, by sale, donation, testament, or otherwise ; and » r i' era °»» 1 s°° d3 - their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestato, and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein said goods are shall be subject to pay in like cases ; and if, in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance on account of their character of aliens, there shall be granted to them the term of three years to dispose of the same, as they may think proper, and to withdraw the proceeds without molestation, and exempt from all duties of detraction on the part of the Government of the respective States. .Article VIII. Both the contracting parties promise, and engage formally, to give their special protection to the persons and property of the citizens of each other, of all occupations, who may be in to SSneTESd^ii™ the territories subject to the jurisdiction of the one or the erty ' other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial recourse, on the same terms which are usual and customary with the natives or citizens of the country in which ihey may be; for which they may employ, in defence of their rights, such advocates, solicitors, notaries, agents, and factors as they may judge proper, in all their trials at law ; and such citizens or agents 464 TREATIES AND CONVENTIONS. shall have as free opportunity as native citizens to be present at the decisions and sentences of the tribunals, in all cases which may con- cern them, and likewise at the taking of all examinations and evidence which may be exhibited in the said trials. Article IX. The contracting parties, desiring to live in peace and harmony with Favo ra to become all the other nations of the earth, by means of a policy common frank and equally friendly with all, engage mutually not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional. Article X. The present convention shall be in force for the term of twelve years Dur^o, of eon- ftom the date hereof, and further, until the end of twelve ver.tk>n. months after the Government of the United States on the one part, or the free Hanseatic Eepublics of Ltibeck, Bremen, or Ham- burg, or, either of them, on the other part, shall have given notice of their intention to terminate the same ; each of the said contracting parties reserving to itself the right of giving such notice to the other, at the end of the said term of twelve years. And it is hereby agreed be- tween them that, at the expiration of twelve months after such notice shall have been received by either of the parties from the other, this convention, and all the provisions thereof, shall, altogether, cease and determine, as far as regards the States giving and receiving such notice; it being always understood and agreed that, if one or more of the Han- seatic Eepublics aforesaid shall, at the expiration of twelve years from the date hereof, give or receive notice of the proposed termination of this convention, it shall nevertheless remain in full force and operation as far as regards the remaining Hanseatic Eepublics or Eepublic, which may not have given or received such notice. Article XI. The present convention being approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by the Senates of the Hanseatic Eepublics of Lubeck, Bremen, and Hamburg, the ratifications shall be exchanged at Washington within nine months from the date hereof, or sooner if possible. In faith whereof we, the Plenipotentiaries of the contracting parties, have signed the present convention, and have thereto affixed our seals. Done in quadruplicates at the city of Washington, on the twentieth day of December, in the year of our Lord one thousand eight hundred and twenty-seven, in the fifty-second year of the Independence of the United States of America. H. CLAY. [L. s. v. eumppf. [l. s.; HANSEATIC REPUBLICS, 1828 465 HANSEATIC BEPUBLICS, 1828. ADDITIONAL ARTICLE TO THE CONVENTION OP FRIENDSHIP, COMMERCE, AND NAVIGATION, OP THE 20TH OF DECEMBER, 1827, BETWEEN THE UNITED STATES OP AMERICA AND THE HANSEATIC REPUBLICS OP LU- BECK, BREMEN, AND HAMBURG. CONCLUDED JUNE 4, 1828; RATIFI- CATIONS EXCHANGED JANUARY 14, 1829; PROCLAIMED JANUARY 14, 1829. The United States of America and the Hanseatic Eepublics of Lubeck, Bremen, and Hamburg, wishing to favor their mutual com- Obkao[ , muoml merce by affording, in their ports, every necessary assist- ° rt,cle - ance to their respective vessels, the undersigned Plenipotentiaries have further agreed upon the following additional article to the convention of friendship, commerce, and navigation, concluded at Washington on the twentieth day of December, 1827, between the contracting parties. The Consuls and Vice-Consuls may cause to be arrested the sailors, being part of the crews of the vessels of their respective countries, who shall have deserted from the said vessels, in order to send them back and transport them out of the country. For which purpose the said Consuls and Vice-Consuls shall address them- selves to the courts, judges, and officers competent, and shall demand the said deserters, in writing, proving by an exhibition of the registers of the said vessels, or ship's roll, or other official document, that'those men were part of said crews; and on this demand being so proved, (saving, however, where the contrary is proved,) the delivery shall not be refused ; and there shall be given all aid and assistance to the said • Consuls and Vice-Consuls for the search, seizure, and arrest »ffo'S of the said deserters, who shall even be detained and kept in the prisons of the country, at their request and expense, until they shall have found opportunity of sending them back. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same- cause. It is understood, however, that if the deserter should be found to have committed any crime ov offence, his surrender may be delayed until the tribunal before which the case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. The present additional article shall have the same force and value as if it were inserted, word for word, in the convention signed at Wash- ington on the twentieth day of December, one thousand eight hundred and twenty-seven, and being approved and ratified by the President of the United States, by and with the advice arid consent of the Senate thereof, and by the Senates of the Hanseatic Eepublics of Katmcations Lubeck, Bremen, and Hamburg, the ratifications shall be exchanged at Washington within nine months from the date hereof, or sooner if possible. In faith whereof we, the undersigned, by virtue of our respective full powers, have signed the present additional article, and haye thereto affixed our seals. Done in quadruplicate at the city of Washington, on the fourth day of June, in the year of our Lord one thousand eight hundred and twenty-eight. H. CLAY. [L. s. V. BUMPFP. [l. s'. Assistance to .he to consuls, 466 TREATIES AND CONVENTIONS. HANSEATIC REPUBLICS, 1852. y CONVENTION FOE THE MUTUAL EXTENSION OF THE JURISDICTION OF CONSULS, BETWEEN THE UNITED STATES OF AMERICA AND THE FREE AND HANSEATIC REPUBLICS OF HAMBURG, BREMEN, AND LUBECK. CON- CLUDED AT WASHINGTON APRIL 30, 1852 ; RATIFICATIONS EXCHANGED FEBRUARY 25, 1853; PROCLAIMED JUNE 6, 1853. The United States of America and the Free and Hanseatic Republicks of Hamburg, Bremen, and Lubeck, having agreed to extend, in certain cases, the jurisdiction of their respective Consuls, and to increase the powers granted to said Consuls by existing treaty stipula- N^sotiators. -J-. » . *" fi j.. tions, have named tor this purpose, as their respective Plenipotentiaries, to wit: The President of the United States of America, Daniel Webster, Secretary of State of the United States, and the Senate of the Free and Hanseatic City of Hamburg, the Senate of the Free and Hanseatic City of Bremen, and the Senate of the Free and Hanseatic City of Lubeck, Albert Schumacher, Consul-General of Hamburg and Bremen in the United States ; Who, having exchanged their full powers, found in due and proper form, have agreed to and signed the following articles : Article I. The Consuls, Vice-Consuls, commercial and vice-commercial agents of each of the high contracting parties shall have the right as such, to sit as judges and arbitrators in such differences as may arise between the masters and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interfer- ence of the local authorities, unless the conduct of the crews or of the mas- ter should disturb the order or tranquillity of the country ; or the said Con- suls, Vice-Consuls, commercial agents, or vice commercial agents, should require their assistance in executing or supporting their own decisions. But this species of judgment or arbitration shall not deprive the con- tending parties of the right they have to resort, on their return, to the judicial authority of their own country. Article II. The present convention shall be in force for the term of twelve years LimiM™ or this from the day of its ratifications ; and further until the end convention. f twelve months, after the Government of the United States on the one part, or the Free and Hanseatic Republicks of Ham- burg, Bremen, or Lubeck, or either of them, on the other part, shall have given notice of their intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of the said term of twelve years. And it is hereby agreed that, at the expiration of twelve months after such notice shall have been received by either of the parties from the other, this conven- tion, and all the provisions thereof, shall altogether cease and determine, as far as regards the States giving and receiving such notice; it being always understood and agreed that, if one or more of the Free and Hanseatic Bepublicks aforesaid shall, at the expiration of twelve years from the date of the ratification of the convention, give or receive HANSEATIC REPUBLICS, 1852. 467 notice of the termination of the same, it shall, nevertheless, remain in full force and operation, as far as regards the remaining Eree and Hanseatic Eepublicks or Eepublick, which may not have given or received such notice. Article III. This convention is concluded subject to the ratification of the Presi- dent of the United States of America, by and with the ad- vice and consent of the Senate thereof, and by the Senates KM'fi«tion>. of the Free and Hanseatic Eepublicks of Hamburg, Bremen, and Lubeck ; and the ratifications shall be exchanged at Washington within twelve months from the date hereof, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the above articles, as well in German as in English, and have thereto affixed their seals. Done in quadruplicate, at the city of Washington, on the thirtieth day of April, A. D. one thousand eight hundred and fifty- . two, in the seventy-sixth year of the Independence of the United States of America. DAWL WEBSTEE. [l. s. A. SGHUMAOHEE. [l. s. HAWAIIAN ISLANDS. HAWAIIAN ISLANDS, 1849. TREATY WITH THE HAWAIIAN ISLANDS. CONCLUDED DECEMBER 20, 1849; RATIFICATIONS EXCHANGED AT HONOLULU, AUGUST 24, 1850; PRO- CLAIMED NOVEMBER 9, 1850. The United States of America and His Majesty the King of the Hawaiian Islands, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily sub- sisted between their respective States, and consolidating the commer- cial intercourse between them, have agreed to enter into negotiations for the conclusion of a treaty of friendship, commerce, and naviga- tion, for which purpose they have appointed Plenipotentiaries, that is to say : The President of the United States of America, John M. Clayton, Secretary of State of the United States ; and His Majesty the King of the Hawaiian Islands, James Jackson Jarves, accredited as his special Commissioner to the Government of the United States; Who, after having exchanged their full powers, found in good and due form, have concluded and signed the following articles : Article I. There sball be perpetual peace and amity between the United States and the King of the Hawaiian Islands, his heirs and his Peace and amity. successors Article II. There shall be reciprocal liberty of commerce and navigation between Recprocal freedom the United States of America and the Hawaiian Islands. onrade. js[ fluty of customs, or other impost, shall be charged upon any goods, the produce or manufacture of one country, upon importa- tion from such country into the other, other or higher than the duty or impost charged upon goods of the same kind, the produce or manufac- ture of, or imported from, any other country ; and the United States of America and His Majesty the King of the Hawaiian Islands do hereby engage that the subjects or citizens of any other-State shall not enjoy any favor, privilege, or immunity, whatever, in mutters of commerce and navigation, which shall not also, at the same time, be extended to the subjects or citizens of the other contracting par.ty, gratuitously, if the concession in favor of that other State shall have been gratuitous, and in return for a compensation, as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional. Article III. All articles, the produce or manufacture of either country, which can Sm legally be imported into either country from the other, in ships of that other country, and thence coming, shall, when HAWAIIAN ISLANDS, 1849. 469 so imported^ be subject to the same duties, and enjoy the same privi- leges, whether imported in ships of the one country or in ships of the other ; and in like manner, all goods which can legally be exported or re-exported from either country to the other, in ships of that other country, shall, when so exported or re-exported, be subject to the same duties, and be entitled to the same privileges, drawbacks, bounties, and allowances, whether exported in ships of the one country or in ships of the other ; and all goods and articles, of whatever description, not being of the produce or manufacture of the United States, which can be legally imported into the Sandwich Islands, shall, when so imported in vessels of the United States, pay do other or higher duties, imposts, or charges, than shall be payable upon the like goods and articles when imported in the vessels of the most favored foreign nation, other than the nation of which the said goods and articles are the produce or manufacture. Article IV. Eo duties of tonnage, harbor, light-houses, pilotage, quarantine, or other similar duties, of whatever nature or under whatever denomination, shall be imposed in either country upon the vessels of the other in respect of voyages between the United States of America and the Hawaiian Islands, if laden, or in respect of any voyage if in ballast, which shall not be equally imrtosed in the likg cases on national vessels. Article V. It is hereby declared that the stipulations of the present treaty are not to be understood as applying to the navigation and carrying trade between one port and another situated in the States of either contracting party, such navigation and trade being reserved , exclusively to national vessels. Article VI. Steam-vessels of the United States which may be employed by the Government of the said States in the carrying of their pub- lic mails across the Pacific Oceau, or from one port iu that ryiw r ocean to another, shall have free access to the ports of the Sandwich Islands, with the privilege of stopping therein to refit, to refresh, to land passengers and their baggage, and for the transaction of any business pertaining to the public mail service of the United States, and shall be subject in such ports to no duties of tonnage, harbor, light-houses, quar- antine, or other similar duties, of whatever nature or under whatever denomination. Article VII. The whale-ships of the United States shall have access to the ports of Hilo, Kealakekua, and Hanalei, in the Sandwich Islands, whale . sllipB for the purposes of refitment and refreshment, as well as to the ports of Honolulu and Lahaina, which only are ports of entry for all merchant vessels ; and in all the above-named ports they shall be per- mitted to trade or barter their supplies or goods, excepting spirituous liquors, to the amount of two hundred dollars ad valorem for each ves- sel, without paying any charge for tonnage or harbor dues of any descrip- tion, or any duties or imposts whatever upon the goods or articles so 470 TREATIES AND CONVENTIONS. traded or bartered. They shall also be permitted, with the like exemp- tion from all charges for tonnage and harbor dues, further to trade or barter, with the same exception as to spirituous liquors, to the addi- tional amount of one thousand dollars ad valorem for each vessel, paying upon the additional goods and articles so traded and bartered no other or higher duties than are payable on like goods and articles when im- ported in the vessels and by the citizens or subjects of the most favored foreign nation. •• They shall also be permitted to pass from port to port of the Sandwich Islands for the purpose of procuring refreshments, but they shall not discharge their seamen or land their passengers in the said islands, except at Lahaina and Honolulu ; and in all the ports named in this article the whale-ships of the United States shall enjoy, in all respects whatsoever, all the rights, privileges, and immunities which are enjoyed by, or shall be granted to, the whale-ships of the most favored foreign nation. The like privilege of frequenting the three ports of the Sandwich Islands above named in this article not being ports of entry for merchant vessels, is also guaranteed to all the public armed vessels of the United States. But nothing in this article shall be construed as authorizing any vessel of the United States having on board any disease usually regarded as requiring quarantine to enter, during the continuance of such disease on board, any port of the Sand- wich Islands other than Lahaina or Honolulu. Article VIII. The eontracting parties engage, in regard to the personal privileges Privi^ or citi- that the citizens of the United States of America shall enjoy "ilaSittalK in the dominions of His Majesty the King of the Hawaiian andjvice v« s a. ' i s i an( i s aU( j the subjects of his said Majesty in the United States of America, that they shall have free and undoubted right to travel and to reside in the States of the two high contracting parties, subject to the same precautions of police which are practiced towards the subjects or citizens of the most favored nations. They shall be entitled to occupy dwellings and warehouses, and to dispose of their personal property of every kind and description, by sale, gift, exchange, will, or in any other way whatever, without the smallest hiuderance or obstacle; and their heirs or representatives, being subjects or citizens of the other contracting party, shall succeed to their personal goods, whether by tes- tament or abintestate, and may take possession thereof, either by them- selves or by others acting for them, and dispose of the same at will, paying to the profit of the respective Governments such dues only as the inhabitants of the country wherein the said goods are shall be sub- ject to pay in like cases. And in case of the absence of the heir and representative, such care shall be taken of the said goods as would be taken of the goods of a native of the same country in like case until the lawful owner may take measures for receiving them. And if a question should arise among several claimants as to which of them said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. Where, on the decease of any person holding real estate within the territories of one party, such real estate, would, by the laws of the land, descend on a citizen or subject of the other were he not disqualified by alienage, such citizen or subject shall be allowed a reasonable time to sell the same, and to withdraw the pro- ceeds without molestation and exempt from all duties of detraction on the part of the Government of the respective States. The citizens or subjects of the contracting parties shall not be obliged to pay, under HAWAIIAN ISLANDS, 1849. 471 any pretence whatever, any taxes or impositions other or greater than those which are paid, or may hereafter be paid, by the subjects or citi- zens of the'most favored uations in the respective States of the high con- tracting parties. They shall be exempt from all military service, whether . by land or by sea ; from forced loans ; and from every extraordinary con- tribution not general and by law established. Their dwellings, ware- houses, and all premises appertaining thereto, destined for the purposes of commerce or residence, shall be respected. No arbitrary search of or visit to their houses, and no arbitrary examination or inspection what- ever of the books, papers, or accounts of their trade shall be made; but such measures shall be executed only in conformity with the legal sen- tence of a competent tribunal ; and each of the two contracting parties engages that the citizens or subjects of the other residing in their re- spective States shall enjoy their property and personal security in as full and ample manner as their own citizens or subjects, or the subjects or citizens of the most favored nation, but subject always to the laws and statutes of the two countries, respectively. Article IX. The citizens and subjects of each of the two contracting parties shall be free in the States of the other to manage their own affairs ' themselves, or to commit those affairs to the management c U untVw,!h citL™ of any persons whom they may appoint as their broker, fac- tor, or agent; nor shall the citizens and subjects of the two 'contracting parties be restrained in their choice of persons to act in such capacities, nor shall they be called upon to pay any salary or remuneration to any person whom they shall not choose to employ. Absolute freedom shall be given in all cases to the buyer and seller to bargain together, and to fix the price of any goods or merchandise im- ported into, or to be exported from, the States and domains of the two contracting parties, save and except generally such cases wherein the laws and usages of the country may require the intervention of any special agents in the States and dominions of the contracting parties. But nothing contained in this or any other article of the present treaty shall be construed to authorize the sale of spirituous liquors to the natives of the Sandwich Islands, farther than such sale may be allowed by the Hawaiian laws. Article X. Each of the two contracting parties may have, in the ports of the other, Consuls, Vice-Oonsuls, and commercial agents, of &c their ow>n appointment, who shall enjoy the same privileges and powers with those of the most favored nations ; but if any such Consuls shall exercise commerce, they shall be subject to the same laws and usages to which the private individuals of their nation are subject in the same place. The said Consuls, Vice-Consuls, and commercial agents are authorized to require the assistance of the local Deserters authorities for the search, arrest, detention, and imprison- ment of the deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tri- bunals, judges, and officers, and shall, in writing, demand the said deserters, proving, by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such individuals formed part of the crews; and this reclamation being thus substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be rdaced at th a^1isaos^-oJLjJxo_a-.iJ--i^.^ l1 ls ; Vice-Consuls, or com- 472 TREATIES AND CONVENTIONS. mercial agents, and may be confined in the public prisons, at the re- quest and cost of those who shall claim them, in order to be detained until the time when they shall be restored to the vessel to which they belonged, or sent back to their own country by a vessel of the same nation, or any other vessel whatsoever. The agents, owners, or masters of vessels on account of whom the deserters have been apprehended, upon requisition of the local authorities, shall be required to take or send away such deserters from the States and dominions of the contracting parties, or give such security for their good conduct as the law may re- quire. But, if not sent back nor reclaimed within six months from the day of their arrest, or if all the expenses of such imprisonment are not defrayed by the party causing such arrest and imprisonment, they shall be set at liberty, and shall not be again arrested for the same cause. However, if the deserters should be found to have committed any crime or offence, their surrender may be delayed until the tribunal before which their case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. Article XI. It is agreed that perfect and entire liberty of conscience shall be en- Liberty of con- joyed by the citizens and subjects of both the contracting science. parties, in the countries of the one and the other, without their being liable to be disturbed or molested on account of their religious belief. But nothing contained in this article shall be construed to inter- fere with the exclusive right of the Hawaiian Government to regulate for itself the schools which it may establish or support within its juris- diction. Article XII. If any ships of war or other vessels be wrecked on the coasts of the States or territories of either of the contracting parties, such ships or vessels, or any parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandise which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored, with the least possible delay, to the proprietors, upon being claimed by them, or by their duly authorized factors; and if there are no such proprietors or factors on the spot, then the said goods and merchandise, or the proceeds thereof, as well as all the papers found on board such wrecked ships or vessels, shall be delivered to the American or Hawaiian Consul or Vice-Consul in whose district the wreck may have taken place ; and such Consul, Vice-Consul, proprietors, or factors, shall pay only the expenses incurred, in the preservation of the property, to- gether with the rate of salvage and expenses of quarantine which would have been payable in the like case of a wreck of a national vessel ; and the goods and merchandise saved from the wreck shall not be subject to duties unless entered for consumption, it being understood that in case of any legal claim upon such wreck, goods, or merchandise, the ■ same shall be referred for decision to the competent tribunals of the country. ■, Article XIII. The vessels of either of the two contracting parties which may be vessel, driven o f° roe & by stress of weather or other cause into one of the "rathe? 8 "™ 8 '" to ° f P or ts of the other, shall be exempt from all duties of port or navigation paid for the benefit of the State, if the- motives HAWAIIAN , ISLANDS, 1849. 473 ■which led to their seeking refuge be real and evident, and if no cargo be discharged or taken on board, save such as may relate to the subsistence of the crew, or be necessary for the repair of the vessels, and if they do not stay in port beyond the time necessary, keeping in view the cause ■which led to their seeking refuge. Article XIV. The contracting parties mutually agree to surrender, upon official requisition, to the authorities of each, all persons who, being Extrild j tion or charged with the crimes of murder, piracy, arson, robbery, ™'™»* l '>- forgery, or the utterance of forged paper, committed within the jurisdic- tion of either, shall be found within the territories of the other; provided that this shall only be done upon, such evidence of criminality as, accord- ing to the laws of the place where the person so charged shall be found, would justify his apprehension and commitment for trial, if the crime had there been committed. And the respective judges and other magis- trates of the two Governments shall have authority, upon complaint made under oath, to issue a warrant for the apprehension of the person so charged, that he may be brought before such judges or other magis- trates respectively, to the end that the evidence of criminality may be heard and considered ; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, ' that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and tlelivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. Article XV. So soon as steam or other mail packets, under the flag of either of the contracting parties, shall have commenced running between their respective ports of entry, the contracting parties agree to receive at the post-offices of those ports all mailable matter, and to forward it as directed, the destination being to some regular post-office of either country ; charging thereupon the regular postal rates as estab- lished by law in the territories of either party receiving said mailable matter, in addition to the original postage of the office whence the mail was sent. Mails for the United States shall be made up at regular in- tervals at the Hawaiian post-office, and despatched to ports of the United States ; the postmasters at which ports shall open the same, and for- ward the enclosed matter as directed, crediting the Hawaiian Government with their postages as established by law, and stamped upon each man- uscript or printed sheet. All mailable matter destined for the Hawaiian Islands shall be received at the several post-offices in the United States, and forwarded to San Francisco, or other ports on the Pacific coast of the United States, whence the postmasters shall despatch it by the regular mail packets to Honolulu, the Hawaiian Government agreeing on their part to receive and collect for and credit the Post-Office Department of the United States with the United States' rates charged thereupon. It shall be optional to prepay the postage on letters in either country, but postage on printed sheets and newspapers shall in all cases be prepaid. The respective post-office departments of the contracting parties shall, in their accounts, which are to be adjusted annually, be credited with all dead letters returned. 474 TREATIES AND CONVENTIONS. Article XVI. The present treaty shall be in force from the date of the exchange ot continence or tim tlie ratifications, for the term of ten years, and further, until w-iw ^he end of twelve months after either of the contracting parties shall have given notice to the other of its intention to terminate the same, each of the said contracting parties reserving to itself the right of giving such notice at the end of the said term of ten years, or at any subsequent term. . Any citizen or subject of either party infringing the articles of this treaty shall be held responsible for the same, and the harmony and good correspondence between the two Governments shall not be interrupted thereby, each party engaging in no way to protect the offender, or sanc- tion such violation. Article XVII. The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate of the said States, and by His Majesty the King of the Hawaiian Islands, by and with the advice of his Privy Council of State, and the ratifications shall be exchanged at Honolulu within eighteen months from the date of its signature, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same in triplicate, and have thereto affixed their seals. Done at Washington, in the English language, the twentieth day of December, in the year one thonsaud eight hundred and forty-nine. JOHN" M. CLAYTON. [seal. JAMES JACKSON JABVES. [seal. H A Y T I . HAYTI, 1864. TREATY OF AMITY, COMMERCE, AND NAVIGATION, AND FOR THE EXTRA- DITION OF FUGITIVE CRIMINALS, BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF HAYTI. CONCLUDED AND SIGNED AT PORT AU PRINCE NOVEMBER 3, 1864; RATIFICATIONS EXCHANGED AT WASHINGTON MAY 22, 1865 ; PROCLAIMED JULY 6, 1865. The United States of America and the Eepublic of Hayti, desiring to njake lasting and firm the friendship and good understand- ing which happily prevail between both nations, and to place their commercial. relations upon the most liberal basis, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall, in future, be religiously observed between the one and the other, by means of a treaty of amity, commerce, and navigation, and for the extradition of fugitive criminals. For this purpose they have appointed as their Plenipotentiaries, to wit: The President of the United States, Benjamin P. Whidden, Commis- sioner and Consul General of the United States to the Eepublic of Hayti ; and the President of Hayti, Boyer Baze- • Ple """ >te " t '«" !3 - lais, Chef d'Escadron, his Aide-de-Camp and Secretary; Who, after a reciprocal communication of their respective full pow- ers, found in due and proper form, have agreed to the following arti- cles : Article I. There shall be a perfect, firm, and inviolable peace and sincere friend- ship between the United States of America and the Repub- lic of Hayti, in all the extent of their possessions and ter- p — d ™ ity - ritories, and between their people and citizens, respectively, without distinction of persons or places. Article II. The United States of America and the Eepublic of Hayti, desiring to, live in peace and harmony with all the other nations of the , P ,, vileseso r m-»t earth, by means of a policy frank and equally friendly with fcvored " M[ " n - all, agree that any favor, exemption, privilege, or immunity whatever, in matters of commerce or navigation, which either of them has granted, or may hereafter grant, to the citizens or Subjects of any other Govern- ment, nation, or State, shall extend, in identity of cases and circum- stances, to the citizens of the other contracting party ; gratuitously, if the concession in favor of that other Government, nation, or State shall have been gratuitous; or in return for an equivalent compensation, if the concession shall have been conditfonal. 476 TREATIES AND CONVENTIONS. Article III. , If by any fatality (which cannot be expected, and which God' forbid) the two nations shpuld become involved in war, one with the other, the term of six months after the declaration thereof shall be allowed to the merchants and other citizens and inhab- itants respectively, on each side, during which time they shall be at lib- erty to withdraw themselves, with their effects and movables, which they shall have the right to carry away, send away, or sell, as they please, without the least obstruction ; nor shall their effects, much less their persons, be seized during such term of six months ; which immu- nity is not in any way to be construed to prevent the execution of any- existing civil or commercial engagements ; on the contrary, passports shall be valid for a term necessary for their return, and shall be given to them for their vessels and their effects which they may wish to carry with them or send away, and such passports shall be a safe conduct against the insults and captures which privateers may attempt against their persons and effects. Article IV. Neither the money, debts, shares in the public funds or in banks, or property not to be any other property, of either party, shall ever, in the event connoted., f war or national difference, be sequestered or confiscated. Article V. The citizens of each of the high contracting parties, residing or estab- Enempt.on from lished in the territory of the other, shall be exempt from all mmtary j«ty. compulsory military duty by sea or by land, and from all forced loans or military exactions or requisitions; nor shall jthey be com- pelled to pay any contributions whatever higher or other than those that are or may be paid by native citizens. Article VI. The citizens of each of the contracting parties shall be permitted to RiBhts or residence enter, sojourn, settle, and reside in all parts of the territories a„a business. f the ther, engage in business, hire and occupy warehouses, provided they submit to the laws, as well general as special, relative to the rights of travelling, residing, or trading. While they conform to the laws and regulations in force, they shall be at liberty to manage them- selves their own business, subject to the jurisdiction of either party respectively, as well in respect to the consignment and sale of their goods as with respect to the loading, unloading, and sending off their vessels. They may also employ such agents or brokers as they may deem proper ; it being distinctly understood that they are subject also to the same laws. The citizens of the contracting parties shall have free access to the tribunals of justice, in all cases to which they may be a party, on the same terms which are granted by the laws and usage of the country to native citizens, furnishing security in the cases required; for which purpose they may employ in the defence of their interests and rights such advocates, solicitors, attorneys, and other agents as they may think proper, agreeably to the laws" and usage of the country. HAYTI, 1864. 477 Article VII. There shall be no examination or inspection of the hooks, papers, or accounts of the citizens of either country residing within Exammati0 „ of the jurisdiction of the other without the legal order of a b00ks and Pi,pe ™- competent tribunal or judge. Article VIII. The citizens of each of the high contracting parties, residing within the territory of the other, shall enjoy full liberty of con- Libert5r of con . science. They shall not be disturbed or molested on ac- 8Cience - count of their religious opinions or worship provided they respect the laws and established customs of the country. And the bodies of the citizens of the one who may die in the territory of the other shall be interred in the public cemeteries, or in other decent places of burial, which shall be protected from all violation or insult by the local au- thorities. Article IX. The citizens of each of the high contracting parties, within the juris- diction of the other, shall have power to dispose of their Disp09aI of prop . personal property by sale, donation, testament, or otherwise ; " ly - and their personal representatives, being citizens of the other contract- ing party, shall succeed to their personal property, whether by testament or ab intestato. They may take possession thereof, either by themselves or by others acting for them, at their pleasure, and dispose of the same, paying such duty 0Q ly as the citizens of the country wherein the said personal property is situated shall be subject to pay in like cases. In the absence of a personal representative, the same care shall be taken of the property as by law would be taken of the property of a native in a similar case, while the lawful owner may take measures for securing it. If a question as to the rightful ownership of the property should arise among claimants, the same shall be determined by the judicial tribunals of the country in which it is situated. Article X. The high contracting parties hereby agree that whatever kind of pro- duce, manufactures, or merchandise of any foreign country imports can be, from time to time, lawfully imported into the United States in their own vessels, may also be imported in the vessels of , ..the Eepublic of Hayti, and.no higher or other duties upon the tonnage* or cargo of the vessels shall be levied or collected than shall be levied or collected of the vessels of the most favored nation. And reciprocally, whatever kind of produce, manufactures, or mer- chandise of any foreign country can be, from time to time, lawfully im- ported into Hayti in her own vessels, may be also imported in the ves- sels of the United States, and no higher or other duties upon the ton- nage or cargo of the vessels shall be levied or collected than shall be levied or collected of the vessels of the most favored nation. ' Article XI. It is also hereby agreed that whatever may be lawfully exported or re-exported from the one country in its own vessels, to any ^ foreign country, may in like manner be exported or re- 478 TREATIES AND CONVENTIONS. exported in vessels of the other; and the same duties, bounties, and drawbacks shall be collected and allowed as are collected of and allowed to the most favored nation. It is also understood that the foregoing principles shall apply, whether the vessels shall have cleared directly from the ports of the nation to which they appertain, or from the ports of any other nation. Article XII. The provisions of this treaty are not to be understood as applying to the coasting trade of the contracting parties, which is respectively reserved by each exclusively, to be regulated by its own laws. Article XIII. No higher or other duties shall be imposed on the importation into Ra e. f e » * ne United States of any article the growth, produce, or J " e "° manufacture of Hayti or her fisheries; and no higher or other duties shall be imposed on the importation into Hayti of any arti- cle the growth, produce, or manufacture of the United States or their fisheries, than are or shall be payable on the like articles the growth, produce, or manufacture of any other foreign country or its fisheries. No other or higher duties or charges shall be imposed in the United States on the exportation of any article to Hayti, nor in Hayti on the exportation of any article to the United States, than such as are or shall be payable on the exportation of the like article to any foreign country. No prohibition shall be imposed on the importation of any article the no prohibition on growth, produce, or manufacture of the United States or importation. t keir fisheries, or of Hayti and her fisheries, from or to the ports of the United States or Hayti, which shall not equally extend to any other foreign country. Article XIV. It is hereby agreed that if either of the high contracting parties should Discriminating d u - hereafter impose discriminating duties upon the products ties of any other nation, the other party shall be at liberty to determine the origin of its own products intended to enter the country by which the discriminating duties are imposed. Article XV. Whenever the citizens of either of the contracting parties shall be Bi.hu of aeyium forced to seek refuge or asylum in the rivers, ports, or do- .nd re ru B e. minions of the other with their vessels, whether merchant or war, through stress of weather, pursuit of pirates or enemies, or want of provisions or water, they shall be received and treated with human- ity, giving to them all favQr and protection for repairing their vessels, and placing themselves in a condition to continue their voyage without obstacle or hindrance of any kind. And the provisions of this article shall apply to privateers or private vessels of war, as well as public, until the two high contracting parties may relinquish that mode of warfare, in consideration of the general relinquishment of the right of capture of private property upon the high seas. HAYTI, 1864. 479 Article XVI. When any vessel of either party shall be wrecked, stranded, or other- wise damaged on the coasts or within the jurisdiction of the Rieht! of . th0M other, their respective citizens shall receive, as well for » 1 ' i »» recke < 1 - themselves as for their vessels and effects, the same assistance which would be due to the inhabitants of the country where the accident hap- pened ; and they shall be liable to pay the same charges and dues of salvage as the said inhabitants would be liable to pay in like cases. If the repairs which a stranded vessel may require shall render it necessarv that the whole or any part of her cargo should be n -, 'i -, ,. „ , x /. ,' Repairs of vesaeld. unloaded, no duties of custom, charges, or fees on such cargo as may be carried away shall be paid, except such as are payable in like cases by national vessels. Article XVII. It shall be lawful for the citizens of either Eepublic to sail, with their ships and merchandise (contraband goods excepted) with ship9 of elIh8r all manner of liberty and security, no distinction being made g" "^msb,pofm e e r- who are the proprietors of the merchandise laden thereon, <*»■>** °*i»>"<>- from any port to the places of those who now are, or hereafter shall be, at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with their ships and merchandises before mentioned, and to trade with the same liberty and security, not only from ports and places of those who are enemies of both or either party, to ports of the other, and to neutral , places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one or several Powers, unless such ports or places are blockaded, besieged, or invested. Article XVIII. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the Rl „ e9 as t0 block . same is either besieged, blockaded, or invested, it is hereby ade ' &c - agreed by the high contracting parties that every vessel so circum- stanced may be turned away from such port or place, but she shall not be detained, nor any part of her cargo, if not contraband, be confiscated, unless, after notice of such blockade or investment, she shall again at- tempt to enter ; but she shall be permitted to go to any other port or place she shall think proper, provided the same be not blockaded, be- sieged, or invested. Nor shall any vessel of either of the parties that may have entered into such port or place before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor, if found therein after the reduction and surrender of such place, shall such vessel or her cargo be liable to con- fiscation, but they shall be restored to the owners thereof. Article XIX. The two high contracting parties recognize as perma- Recognition of cer. nent and immutable the following principles, to wit : tain principles. 1st. That free ships make free goods; that is to say, that the effects or goods belonging to subjects or citizens of a Power or State at war are 480 TEEATIES AND CONVENTIONS. free from capture or confiscation when found on boarfl neutral vessels, ■with, the exception of articles contraband of war. 2nd. That the property of neutrals on board of an enemy's vessel is not subject to confiscation, unless the same be contraband of war. The like neutrality shall be extended to persons who are on board a neutral ship, with this effect, that although they may be enemies of both or either party, they are not to be taken out of that ship unless they are officers or soldiers, and in the actual service of the enemy. The contracting parties engage to apply these principles to the com- merce and navigation of all such Powers and States as shall consent to adopt them as permanent and immutable. Article XX. The liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only which are distinguished Contraband of war. , ,, ' r. L1 -in i i j_i • by the. name of contraband of war, and under this name shall be comprehended — 1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, grenades, bombs, powder, matches, balls, and everything be- longing to the use of arms. 2. Bucklers, helmets, breastplates, coats of mail, accoutrements, and clothes made up in military form and for military use. 3. Cavalry belts and horses, with their harness. 4. And, generally, all offensive or defensive arms, made of iron, steel, brass, copper, or of any other material prepared and formed to make war by l'and or at sea. Article XXI. All other merchandises and things not comprehended in the articles Goods not indnded of contraband explicitly enumerated and classified as above « lut or contend, g^^ be jjgj,} an(i considered, as free, and subjects of free and lawful commerce, so that they be carried and transported in the freest manner by the citizens of both the contracting parties, even to places belonging to an enemy, excepting only those places which are at the time besieged or blockaded. Article XXII. In time of war the merchant ships belonging to the citizens of either Merchant ship, in of the contracting parties which shall be bound to a port of time or war. tlie enem y f one f t h e par ti e s, and concerning whose voy- age and the articles of their cargo there may be just grounds of sus- picion, shall be obliged to exhibit not only their passports, but likewise their certificates, showing that their goods are not of the quality of those specified as contraband in this treaty. Article XXIII. To avoid all kind of vexation and abuse in the examination of the neutral vessels papers relating to the ownership of the vessels belonging to the citizens of the contracting parties, it is hereby agreed that when one party shall be engaged in war, and the other party shall be neutral, the vessels of the neutral party shall be furnished with pass- ports, that it may appear thereby that they really belong to citizens of * HAYTI, 1864. 481 the neutral party. These passports shall be valid for any number of voyages, but shall be renewed every year. If the vessels are laden, in addition to the passports above named they shall be provided with certificates, in due form, made out by the officers of the place whence th'ey sailed, so that it may be known whether they carry any contraband goods. And if it shall not appear from the said certificates that there are contraband goods on board, the vessels shall be permitted to proceed on their voyage. If it shall appear from the certificates that there are contraband goods on board any such vessel, and the commander of the same shall offer to deliver them up, that offer shall be accepted and a receipt for the same shall be given, and the vessel shall be at liberty to pursue her voyage unless the quan- tity of contraband goods be greater than can be conveniently received on board the ship of war or privateer, in which case, as in all other cases of just detention, the vessel shall be carried to the nearest safe and con- venient port for the delivery of the same. In case any vessel shall not be furnished with such passport or cer- tificates as are above required for the same, such case may be examined by a proper judge or tribunal ; and if it shall appear from other documents or proofs, admissible by the usage of nations, that the vessel belongs to citizens or subjects of the neutral party, it shall not be confiscated, but shall be released with her cargo, (contraband goods excepted,) and be permitted to proceed on her voyage. Article XXIY. In order to prevent all kinds of disorder in the visiting and examination of the vessels and cargoes of both the contracting parties on the high seas, it is hereby agreed that whenever a ship of war shall meet with a neutral of the other contracting party, the first shall remain at a convenient distance, and may send its boats, with two or three men only, in order to execute the examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment, for which the commanders of the said armed ships shall be responsible with their persons and prop- erty ; for which purpose the commanders of all private armed vessels shall, before receiving their commissions, give sufficient security to answer for all damages they may commit; and it is hereby agreed and understood that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his papers, or, for any other purpose whatever. Article XXV. ,It is expressly agreed by the high contracting parties that the stipu- lations before mentioned, relative to the conduct to be . observed on the sea by the cruisers of the belligerent sh,psunderco,lv ° y party toward the ships of the neutral party, shall be applicable o&ly to ships sailing without a convoy; and when the. said ships shall be con- voyed, it being the intention of the parties to observe all the regards due to the protection of the flag displayed by public ships, it shall not be lawful to visit them ; but the verbal declaration of the commander of the convoy that the ships he convoys belong to the nation whose flag he carries, and that they have no contraband goods on board, shall be considered by the respective cruisers as fully sufficient; the two par- ties reciprocally engaging not to admit, under the protection of their 31 482 TEEATIES AND CONVENTIONS. convoys, ships which shall have on board contraband goods destined to an enemy. Article XXVI. Whenever vessels shall be captured or detained, to be carried into Proviaio-s in c«e port under pretence of carrying to the enemy contraband of c a pt«e.. goods, the captor shall give a receipt for such of the papers of the vessel as he shall retain, which receipt shall be annexed to a copy of said papers; and it shall be unlawful to break up or open the hatches, chests, trunks, casks, bales, or vessels found on board, or remove$«the smallest part of the goods, unless the lading be brought on shore in presence of the competent officers, and an inventory be made by them of the same. Nor shall it be lawful to sell, exchange, or alienate the said articles of contraband in any manner, unless there shall have been lawful process, and the competent judge or judges shall have pronounced against such goods sentence of confiscation. Article XXVII. That proper care may be taken of the vessel and cargo, and emibez- care or c»ptu re d zlenient prevented in time of war, it is hereby agreed that property. jf; ghall not be lawful to remove the master, commander, or supercargo of any captured vessel from on board thereof, during the time the vessel may be at sea after her capture, or pending the proceed- ings against her or her cargo, or anything relating thereto; and in all cases where a vessel of the citizens of either party shall be captured or seized and held for adjudication, her officers, passengers, and crew shall be hospitably treated. They shall not be imprisoned or deprived of any part of their wearing apparel, nor of the possession and use of their money, not exceeding for the captain, supercargo, mate, and passengers five hundred dollars each, and ior the sailors one hundred dollars each. Article XXVIII. It is further agreed that in all eases the established courts for prize causes, in the country to which the prizes may be conducted, shall alone take cognizance of them. And whenever such tribunal of either of the parties shall pronounce judgment against any vessel, or goods, or property claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives on which the same shall have been founded, and an authenticated copy of the sen- tence or decree, and all of the proceedings in the case, shall, if demanded, be delivered to the commander or agent of the said vessel without any delay, he paying the legal fees for the same. Article XXIX. When the ships of war of the two contracting parties, or those belong- ing to their citizens which are armed in war, shall be admit- shfps'o" °hefr r cap! ted to enter with their prizes the ports of either of the two parties, the said public or private ships, as well as their prizes, shall not be obliged to pay any duty either to the officers of the place, the judges, or any others; nor shall such prizes, when they come to and enter the ports of either party, be arrested or seized, nor shall the officers of the place make examination concerning the lawfulness of such prizes; but they may hoist sail at any time and depart and carry their HAYTI, 1864. 483 prizes to the places expressed in their commissions, which the com- manders of such ships shall be obliged to "show. It is understood, however, that the privileges conferred by this article shall not extend beyond those allowed by law or by treaty with the most favored nation. Article XXX. * It shall not be lawful for any foreign privateers who have commis- sions from any Prince or State in enmity with either nation to it their ships in the ports of either, to sell their prizes, or in any manner to exchange them ; neither ,shall they be allowed to purchase provisions, except such as shall be necessary to their going to the next port of that Prince or State from which they have received their commissions. Article XXXI. No citizen of Hayti shall apply for or take any commission or letters of marque for arming any ship or ships to act as privateers of mr against the said United States, or any of them, or against the citizens, people, or inhabitants of the said United States, or any of them, or against the property of any of the inhabitants of any of them, from any Prince or State with which the said United States shall be at war; nor shall any citizen of the said United States, or of any of them, apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the citizens or inhabitants of Hayti, or any of them, or the property of any of them, from any Prince or State with which the said Eepublic shall be at war ; and. if any per- son of either nation shall take such commission or letters of marque, he shall be punished according to their respective laws. Article XXXII. The high contracting parties, desiring to avoid all inequality in their public communications and official intercourse, agree to Rieht , of dipl0 . grant to their Envoys, Ministers, and other diplomatic matic asents -' agents, the same favors, privileges, immunities, and exemptions which the most favored nations do or shall enjoy ; it being understood that whatever favors, privileges, immunities, or exemptions, the United States of America or the Eepublic of Hayti may find it proper to give to the Envoys, Ministers, and other diplomatic a,gents, of any other Power, shall by the same act be extended to those of each of the con- tracting parties. Article XXXIII. To protect more effectually the commerce and navigation of their respective citizens, the United States of America and the Consi , la and Vice . Eepublic of Hayti agree to admit and receive, mutually, CoMule - Consuls and Vice-Consuls in all their ports open to foreign commerce, who shall enjoy, within their respective consular districts, all the rights,, ■ prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation. Article XXXIV. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities which belong to them by their public character, they shall, 484' TREATIES AND CONVENTIONS. before exercising their official functions, exhibit to the Government to which they are accredite'd their commissions or patents in due form; and, having obtained their exequatur, they shall be acknowledged, in their official character, by the authorities, magistrates, and inhabit- ants, in the consular district in which they reside. Article XXXY. It is also agreed that the Consuls, their secretaries, officers, and per- sons attached to the service of Consuls, they not beiri#citi- zens of the country in which the Consul resides, shall be exempt from all kinds of imposts, taxes, and contributions, except those which they shall be obliged to pay on account of their commerce or property, to which the citizens or inhabitants, native or foreign, of the country in which they reside, are subject ; being, in everything be- sides, subject to the laws of the respective States. The archives and papers of the consulates shall be respected inviolably; and under no pretext whatever shall any person, magistrate, or other public authority seize or in any way interfere with them. Article XXXVI. ,The said Consuls and Vice-Consuls shall have power to require the con.ui3,de S erter8, assistance of the authorities of the country for the arrest, 4c detention, and custody of deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand such deserters, proving by the exhibition of the regis- ters of the vessels, the muster-rolls of the crews, or by any other offi- cial documents, that such individuals formed a part of the crews; and on this claim being substantiated, the surrender shall not be refased. Such»deserters, when arrested, shall be placed at the disposal of the Consuls and Vi,ce-Consuls, and may be confined in the public prisons at the request and cost of those who shall claim them, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall not again be ar- rested for the same cause. Article XXXVII. For the purpose of more effectually protecting their commerce and „ navigation, the two contracting parties do hereby agree, as Consular convention. "-, ',., . , ... ., s ° ' soon hereafter as circumstances will permit, to form a con- sular convention, which shall declare specially the powers and immu- nities of the Consuls and Vice-Consuls of the respective parties. Article XXXVIII. It is agreed that the high contracting parties shall, on requisitions Fugitive fromjua. made in their name, through the medium of their respective diplomatic agents, deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek an asylum or shall be found within the territories of the other : Provided, That this shall be done only when the fact of the commission of the crime shall be so estab- tice. HAYTI, 1864. 485 lished astojustify their apprehension andcommitmentfor trial, if the crime * had been committed in the country where the persons so accused snail be found; in all of which the tribunals-of said country shall proceed and decide according to their own laws. Article XXXIX. Persons shall be delivered up, according to the provisions of this treaty, who shall be charged with anv of the following crime. r»r which . »•" , ., , f. , ,. "• ,. .° surrender shall be crimes, to wit: murder, (including assassination, parri- made. cide, infanticide, and poisoning,) attempt to commit murder, piracy, rape, forgery, the counterfeiting of money, the utterance of forged pa- per, arson, robbery, and embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. Article XL. The surrender shall be made, on the part of each country, only by the authority of the Executive thereof. The expenses of surrender to be the detention and delivery, effected in virtue of the preced- SJe." bJ ing articles, shall be at the cost of the party making the demand. Article XLI. The provisions of the foregoing'articles relating to the extradition of fugitive criminals shall not apply to offences committed be- /reuce. not in- fore the date hereof, nor to those of a political character. clude< '- Neither of the contracting parties shall be bound to deliver up its own citizens under the provisions of this treaty. Article XLII. The present treaty shall remain in force for the term of eight years, dating from the exchange of ratifications ; and if one year before the expiration of that period neither of the contract- ing parties shall have given notice to the other of its intention to ter- minate the same, it shall continue in force, from year to year, until one year after an official notification to terminate the same, as aforesaid. Article XLIII. The present treaty shall be submitted on both sides to the approval and ratification of the respective competent authorities of Batificati0M each of the contracting parties, and the ratifications shall be exchanged at Washington within six months from the date hereof, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the fore- going articles, in the English and French languages, and they have hereunto affixed their seals. Done, in duplicate, at the city of Port au Prince, this third day of November, in the year of our Lord one thousand eight hundred and sixty-four. B. P. WHIDDEK BOTEE BAZELAIS. L. S. L. S. HESSE. HESSE CASSEL, 1844. CONVENTION WITH HESSE CASSEL. CONCLUDED MARCH 26, 1844 ; RATIFI- CATIONS EXCHANGED OCTOBER 16, 1844; PROCLAIMED MAY 8, 1845. Convention for the mutual abolition of the droit aVaubaine and taxes on emigration between the United States of America and the Grand Duchy of Hesse. The United States of America, on the one part, and His Boyal High- ness the Grand Duke of Hesse, on the other part, being equally desirous of removing the restrictions which exist in their territories upon the acquisition and transfer of property by their respective citizens and subjects, have agreed to enter into negotiation for this purpose. For the attainment of this desirable object the President of the ( United States of America has conferred full powers onHenry Whea- ton, their Envoy Extraordinary and Minister Plenipotenti- ary at the Court of His Majesty the -King of Prussia, and His Eoyal Highness the Grand Duke of Hesse, upon Baron Schaeffer-Bernstein, his Chamberlain, Colonel, Aide-de-Camp, and Minister Besident near His Majesty the King of Prussia ; Who, after having exchanged tbeirsaid full powers, found in due and proper form, have agreed to the following articles : Article I. Every kind of droit d'aubaine, droit de retraite, and droit de detraction, Droit. d'aubai„ e or tax on emigration, is hereby, and shall remain, abolished, between the two contracting parties, their States, citizens, and subjects, respectively. / Article II. Where, on the death of any person holding real property within the Red ro en territories of one party, such real property would, by the laws of the land, descend on a subject or citizen of the other, were he not disqualified by alienage, such citizen or subject shall be al- lowed a term of two years to sell the same, which term may be reason- ably prolonged, according to circumstances, and to withdraw the proceeds thereof, without molestation, and exempt from all duties of detraction on the part of the Government of the respective States. Article III. The citizens or subjects of each of the contracting parties shall have power to dispose of their personal property within the States of the other, by testament, donation, or otherwise ; and their heirs, being citizens or subjects of the other contracting party, shall succeed to their said personal property, whether by testament or ab in- testato, and may take possession thereof, either by themselves or by HESSE CASSEL, 1844 — GRAND, DUCHY OP HESSE, 1868. 487 other acting for them, and dispose of the same at their nuta <,„ di»po»ai pleasure, paying such duties only as the inhabitants of the "^"'^^'""^- country where the, said property lies shall be liable to pay in like cases. Article IV. In case of the absence of the heirs^the same care shall be taken, pro- visionally, of such real or personal property as would be p r0P e rt y „ f absent taken in a like case of property belonging to the natives of heirs - the country, until the lawful owner, or a person who has a right to sell the same, according to article 2, may take measures to receive or dispose of the inheritance. Article V. If any dispute should arise between different claimants to the same inheritance, they shall be decided, in the last resort, accord- Di ,p Ute9 concer „. ing to the laws and by the judges of the country where the inB i * h '" t <">^- property is situated. Article VI. This convention shall be ratified by the President of the United States of America, by and with the advice and consent of their Sen- ate, and by, His Royal Highness the Grand Duke of Hesse, and the ratifications shall be exchanged at Berlin, within the term of six months from the date of the signature hereof, or sooner if possible. In faith of which the respective Plenipotentiaries have signed the above articles, both in French and English, and have thereto affixed their seals ; declaring, nevertheless, that the signing in both languages shall not hereafter be cited as a precedent, nor in any way operate to the prejudice of the contracting parties. Done in quadruplicata in the city of Berlin, on the twenty-sixth day of March, in the year of our Lord one thousand eight hundred and forty- four, and the sixty-eighth of the Independence of the United States of HENRY WHEATOK [l. s.l B'ON DE SCHAEFFER-BERNSTEIN. [l. s/ [For stipulations of June 16, 1852, for the mutual delivery of criminals fugitives from justice in certain cases, between the United States and the Elector of Hesse, the Grand Duke of Hesse and on Rhine, and the Landgrave of Hesse-Homburg, see convention of that date with Prussia and other states of the Germanic Confederation.] GRAND DUCHY OF HESSE, 1868. [That portion of the Grand Duchy of Hesse north of the Main was incorporated into the North German Union, by the constitution of the latter, July 1, 1867.] CONVENTION WITH GRAND DUCHY OP HESSE, RELATIVE TO NATURALI- ZATION. CONCLUDED AUGUST 1, 1868; RATIFICATIONS EXCHANGED JULY 23, 1869 ; PROCLAIMED AUGUST 31, 1869. Whereas an agreement was made on the 22d of February, 1868, between the United States of America and the North German Confed- 488 TREATIES AND CONVENTIONS. eration, to regulate the citizenship of those persons who emigrate from the United States of America to the territory of the North German Con- federation, and from the North German Confederation to the United States of America ; and whereas this agreement by publication in the bulletin of the laws of that Confederation has obtained binding force in the parts of the Grand Duchy of Hesse belonging to the North German Confederation, it has seemed proper in like manner to establish regula- tions respecting the citizenship of such persons as emigrate from the United States of America to the parts of the Grand Duchy of Hesse not belonging to the North German Confederation, and from the above- described parts of Hesse to the United States of America. ' The President of the United States of America and His Eoyal High- ness the Grand Duke of Hesse and by Ehine have thefe- contractmg parties. j ore reso j ye( j to treat on this subject, and for that purpose have appointed Plenipotentiaries to conclude a convention, that is to say : The President of the United States of America, George Bancroft, Envoy Extraordinary and Minister Plenipotentiary, and His Eoyal Highness the Grand Duke of Hesse and by Ehine, &c, Dr. Frederick Baron von Lindelof, President of his Council of State, Minister of Jus- tice, and Actual Privy Counsellor ; Who have agreed to and signed the following articles : Article I. Citizens of the parts of the Grand Duchy of Hesse not included in wb B » cit»e„. or the North German Confederation, who have become or shall *e Grand^Duchr or b ecome naturalized citizens of the United States of America, sHi' ,8 rir er vic" and shall have resided uninterruptedly within the United ver.T'' ° states five years, shall be held by the Grand Ducal Hessian Government to be American citizens, and shall be treated as such. Eeciprocally, citizens of the United States of America, who have be- come or shall become naturalized citizens of the above-described parts of the Grand Duchy Hesse, and shall have resided uninterruptedly therein five years, shall be held by the United States to be citizens of the Grand Duchy Hesse, and shall be treated as such. The declaration of an intention to become a citizen of the one or the Deoia,«ion of m- other country, has not for either party the effect of natural- tent - ization. Article II. A naturalized citizen of the' one party, on return to the territory of . the other party, remains liable to trial and punishment for «S..£ta an action punishable by the laws of his original country, and committed before his emigration, saving always the limitation established by the laws of his original country. Article III. The convention for the mutual delivery of c ^ a }f^J^lZ iustice in certain cases, concluded between the United States uSEESS&S of America and the Grand Duchy Hesse, on the 16th of from justice. j une ^gr^ remains in force, without change. Article IV. If a Hessian, naturalized in America, but originally a citizen of the^ GRAND DUCHY OF HESSE, 1868. 489 Renunciation parts of the Grand Duchy not included in the North Ger- man Confederation, renews his residence in those parts "^"H™ 1 ™- without the intent to return to America, he shall be held to have renounced his naturalization in the United States. Eeciprocally, if an American, naturalized in the Grand Duchy of Hesse, (within the above-described parts,) renews his residence in the United States without the intent to return to Hesse, he shall be held to have renounced his naturalization in the Grand Duchy. The intent not to return may be held to exist, when the person nat- uralized in the one country resides more than two years in the other country. Article V. The present convention shall go into effect immediately, on the exchange of ratifications, and shall continue in force for ten D Mati<) „ of co»- years. If neither party shall have given to the other six ,e ° tim - months' previous notice of its intention then to terminate the same, it ( shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention. Article VI. /■ The present convention shall be ratified by the President of the United States of America, and by His Eoyal Highness the Grand Duke of Hesse and by Rhine, etc. The ratification of the first is to take effect by and with the advice and consent of the Senate of the United States ; on the Grand Ducal Hessian side, the assent of the States of the Grand Duchy is reserved, in so far as it is required by the constitution. The ratifications shall be exchanged at Berlin within one year of the present date. In faith whereof the Plenipotentiaries have signed and sealed this convention. Darmstadt, the 1st of August, 1868. GEO. BANCROFT. PRIEDRICH FREIHERR VON LINDELOF. L. S. L. S. HONDUEAS HONDURAS, 1864. TEEATY BETWEEN THE UNITED STATES OP AMEEICA AND THE EEPUB- LIC OF HONDUEAS. CONCLUDED AT COMAYAGUA, JULY 4, 1864 ; EATI- FICATIONS , EXCHANGED AT TEGUCIGALPA MAY 5, 1865 ; PEOCLAIMED MAY 30, 1865. Treaty of friendship, commerce, and navigation between the United States of America and the Republic of Honduras. Commercial intercourse having been for some time established between the United States 'and the Eepublic of Honduras, it seems Contracting parties. -, n , , .. n n j_/»i good for the security as well as the encouragement of such commercial intercourse, and for the maintenance of good understand- ing between the United States and the said Eepublic, that the relations now subsisting between them should be regularly acknowledged and confirmed by the signature of a treaty of amity, commerce, and naviga- tion. For this purpose they have named their respective Plenipotentia- ries, that is to say : The President of the United States, Thomas H. Clay, Minister piem oteuiariee Eesident of the United States to the Eepublic of Honduras ; and His Excellency the President of the Eepublic of Hon- duras, Senor Licenciado Don Manuel Colindres, Minister of Foreign Eelations of 'that Eepublic ; Who, after having communicated to each other their full powers, found to be in due and proper form, have agreed upon and concluded the following articles : Article I. There shall be perpetual amity between the United States and their peace ana amit citizens on the one part, and the Government of the Bepub- eacean ami y. jj c f jj on( j uras and its citizens on the other. Article II. There shall be, between all the Territories of the United States and Keetoocai free- the Territories of the Eepublic of Honduras, a reciprocal dom of commerce, freedom of commerce. The subjects and citizens of the two countries, respectively, shall have liberty, freely and securely, to come with their ships and cargoes to all places, ports, and rivers in the Ter- ritories aforesaid, to which other foreigners are or may be permitted v to come ; to enter into the same, and to remain and reside in any part thereof, respectively ; also to hire and occupy houses and warehouses for the purposes of their commerce ; and, generally, the merchants and traders of each nation, respectively, shall enjoy the most complete pro- tection and security for their commerce ; subject, always, to the laws and statutes of the two countries respectively. In like manner the respective ships of war and post-office packets of the two countries shall have liberty, freely and securely, to come to all HONDURAS, 1864. 491 harbors, rivers, and places to which other foreign ships of war and pack- ets are or may be permitted to come, to enter into the same, to anchor and to remain there and refit; subject, always, to the laws and statutes of the two countries respectively. By the right of entering the ,places, ports, and rivers mentioned in this article, the privilege of carrying on the coasting trade is not understood; in which trade national vessels only ' of the country where the trade is carried on are permitted to en- gage. Article III. It being the intention of the two high contracting parties to bind themselves by the preceding articles, to treat each other on the footing of the most favored nation, it is hereby agreed between them that any favor, privilege, or immunity whatever, in mat- ters of commerce and navigation, which either contracting party has actually granted, or may hereafter grant, to the subjects or citizens of any other State, shall be extended to the citizens or subjects of the other high contracting party gratuitously, if the concession in favor of that other nation shall have been gratuitous ; or in return for a com- pensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been condi- tional. Article IV. No higher nor other duties shall be imposed on the importation into the territories of the United States of any articles being of the growth, produce, or manufacture of the Eepublic of Hon- duras, and no higher nor other duties shall be imposed upon the importa- tion into the territories of the Eepublic of Honduras of any articles being the growth, produce, or manufacture of the territories of the Uni- ted States, than are or shall be payable on the like articles being the growth, produce, or manufacture of any other foreign country ; nor shall any other or higher duties or charges be imposed in the territories of either of the high contracting parties on the exportation of any articles to the territories of the other, than such as are or may be payable on the exportation of the like articles to any other foreign country ; nor shall any prohibition be imposed upon the exportation or importation of any arti- cles the growth, produce, or manufacture of the territories of the United States, or of the Eepublic of Honduras, to or from the said territories of the United States, or to or from the Eepublic of Honduras, which shall not extend equally to all other nations. Article V. No higher nor other duties or payment's on account of tonnage, of light or harbor dues, of pilotage, of salvage, in case either „ j?T i.'-i ' n ' i-w IT Tonnage dues, &c ot damage or shipwreck, or on account of any other local charges, shall be imposed in any of the ports of the Eepublic of Hon- duras, on vessels of the United States, than those payable in the same ports by vessels of Honduras; nor in any of the ports of the United States, on vessels of Honduras, than shall be payable in the same ports on vessels of the United States. Article VI. The same duties shall be paid on the importation into the territories 492 TEEATIES AND CONVENTIONS. of the Eepublic of Honduras of any article being of the growth) pro- duce, or manufacture of the territories of the United States, whether such importation shall be made in vessels of Honduras or of the United States ; and the same duties shall be paid on the importation into the territories of the United States of any article being the growth, pro- duce, or manufacture of the Republic of Honduras, whether such im- portation shall be made in United States or in Honduras vessels. The same dues shall be paid, and the same bounties and drawbacks Bougie, and draw- allowed, on the exportation to the Eepublic of Honduras, of backs. an y ar ticles being the growth, produce, or manufacture of the territories of the United States, whether such exportations shall be made in vessels of Honduras or of the United States ; and the same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any articles being the growth, produce, or manu- facture of the Republic of Honduras to the territories of the United States, whether such exportation shall be made in United States or in Honduras vessels. Article VII. All merchants, commanders of ships, and others, citizens of the Uni- Eights ? f united ted States, shall have full liberty, in all the territories of the Hond»ras iti and%ic° Republic of Honduras, to manage their own affairs them- Tersa - selves, or to commit them to the management of whomso- ever they please, as broker, factor, agent, or interpreter ; nor shall they be obliged to employ any other persons in those capacities than those employed by citizens of Honduras, nor to pay them any other salary or remuneration than such as is paid in like cases by citizens of Honduras ; and absolute freedom, in all cases, shall be allowed to the buyer and seller to bargain and fix the price of any goods, wares, or merchandise imported into or exported from the Republic of Honduras, as they shall see good, observing the laws and established customs of the country. The same privileges shall be enjoyed in the territories of the United States by the citizens of the Republic of Honduras under the same con- ditions. The citizens of the high contracting parties shall reciprocally receive and enjoy full and perfect protection for their persons and property, and shall have free and open access to the courts of justice in the said countries, respectively, for the prosecution and defense of their just rights ; and they shall be at liberty to employ, in all cases, the advo- cates, attorneys, or agents of whatever description, whom they may think proper, and they shall enjoy in this respect the same rights and privileges therein as native citizens. Article VIII. In whatever relates to the police of the ports, the lading and unlading of ships, the safety of the merchandise, goods, and effects, Further prmieges. ^ e success ion to personal estates by will or otherwise, and the disposal of personal property of every sort and denomination, by sale, donation, exchange, testament, or in any other manner whatsoever, as also the administration of justice, the citizens of the two high con- tracting parties shall reciprocally enjoy the same privileges, liberties. and rights as native citizens, and they shall not be charged in any of these respects with any higher imposts or duties than those which are paid or may be paid by native citizens ; submitting, of course, to the local laws and regulations of each country respectively. HONDUEAS, 1864. 493 If any citizen of either of the two high contracting parties shall die ■without 'will or testament in any of the territories of the E9tates of P8 „ „ s other, the Consul- General or Consul of the nation to which deceMei the deceased belonged, or the representative of such Consul-General or Consul in bis absence, shall have the right to nominate curators to take charge of the property of the deceased, so far as the laws of the coun- try will permit, for the benefit of the lawful heirs and creditors of the d eceased, giving proper notice of such nomination to the authorities of the country. Article IX. The citizens of the United States residing in the Republic of Hondu- ras, and the citizens of the Republic of Honduras residing Mau ^^ in the United States, shall be exempted from all compul- sory military service whatsoever, either by sea or by land, and from all forced loans or military exactions or requisitions, and they shall not be compelled, under any pretext whatsoever, to pay other ordinarycbarges, requisitions, or taxes greater than those that are paid by native citizens of the contracting parties respectively. Article X. It shall be free for each of the two high contracting parties to appoint Consuls for the protection of trade, to reside in any of the DiI)lomatic A8ente territories of the other party ; but before any Consul shall mi CoM " ls - act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent ; and either of the high contracting parties may except from the residence of Consuls such par- ^.^^ ticular places as they judge fit to be excepted. The Diplo- matic Agents a,nd Consuls of Honduras shall enjoy in the territories of the United States whatever privileges, exemptions, and immunities are or shall be granted to agents of the same rank belonging to the most favored nation ; and in like manner the Diplomatic Agents and Consuls of the United States in the territories* of Honduras shall enjoy, accord- ing to the strictest reciprocity, whatever privileges,, exemptions, and immunities are or may be granted in the Eepublic of Honduras to the Diplomatic Agents and Consuls of the most favored nation. Article XI. For the better security of commerce between the citizens of the United States and the citizens of the Eepublic of Honduras, it is agreed that if at any time any interruption of friendly in- '"*""" "'" tercourse, or any rupture, should unfortunately take place between the two high contracting parties, the citizens of either of the two high con- tracting parties who may be within any of the' territories of the other shall, if residing upon the coast, be allowed six months, and, if in the interior, a. whole year, to wind up their accounts and dispose of their property ; and a safe conduct shall be given them to embark at the port whiph they themselvesshall select. And even in the event of a rupture, all such citizens of either of the two high contracting parties who are established in any of the territories of the other, in the exercise of any trade or special employment, shall have the privilege of remaining, and of continuing such trade and employment therein without any manner of interruption, in the full enjoyment of their liberty and property as long as they behave peaceably, and commit no offense against the laws; and their goods and effects, of whatever description they may be, whether in their own custody or intrusted to individuals or to the State, shall not be liable to seizure or sequestration, nor to any other charges 494 TREATIES AND CONVENTIONS. or demands than those which may be made upon the like effects or prop- erty belonging to the native citizens of the country in which such citi- zens may reside. In the same case debts between individuals, property in public funds, and shares of companies, shall never be confiscated, sequestered, nor detained. Article XII. The citizens of the United States and the citizens of the Eepublic of Further riviie BeB Honduras, respectively, residing in any of the' territories of the other party, shall enjoy in their houses, persons, and properties the protection of the Government, and shall continue in pos- session of the guarantees which they now enjoy. They shall not be dis- turbed, molested, or annoyed in any manner on account of their reli- gious belief, nor in the proper exercise of their religion, either within their own private houses or in the places of worship destined for that purpose, agreeably to the system of tolerance established in the terri- tories of the two high contracting parties ; provided they respect the re- ligion of the nation in which they reside, as well as the constitution, laws, and customs of the country. Liberty shall also be granted to bury the citizens of either of the two high contracting parties who may die in the territories aforesaid, in burial places of their own, which in the same manner may be freely established and maintained ; nor shall the funerals or sepulchres of the dead be disturbed in any way, or upon any account. ' Article XIII. In order that the two high contracting parties may have the opportu- Terminatkmofcer n ^ of hereafter treating and agreeing upon such other ar- tainTrtfctatf this rangements as may tend still further to the improvement of their mutual intercourse,, and to the advancement of the in- terests of their respective citizens, it is agreed that, at any time after the expiration of seven years from the date of exchange of the ratifica- tions of the present treaty, either of the high contracting parties shall have the right of giving to the other party notice of its intention to terminate Articles JY, Y, and VI of the present treaty ; and that at the expiration of twelve months after such notice shall have been received by either party from the other, the said articles, and all the stipulations contained therein, shall cease to be binding on the two high contracting parties. Article XIV. Inasmuch as a contract was entered into by the Government of Hon- duras and a company entitled the " Honduras Inter-oceanic oS™E.ii«j Railway Company," for the construction of a railway from company. ^ e Atlantic to the Pacific Oceans, through the territories of • Honduras, which contract was ratified by the constitutional powers of the State, and proclaimed as a law on the 28th April, 1854; and inasmuch, by the terms of article 5, section VI, of said contract, "the Government of Honduras, with the view to secure the route herein ' contemplated from all interruption and disturbance from any cause, or under any circumstances, engages to open negotiations with the various Governments with which it may have relations for their separate recog- nition of the perpetual neutrality, and for the protection of the aforesaid route ;" therefore, to carry out the obligations thus incurred : 1. The Government of Honduras agrees that the right of way or or tran- sit over such route or road, or any other that may be constructed within its territories, from sea to sea, shall be at all times open and free to the Government and citizens of the United States for all lawful purposes HONDURAS, 1864." , 495 whatever. No tolls, duties, or charges of any kind shall be imposed by the Government of Honduras on the transit of property belonging to the Government of the United States, or on the public mails sent under authority of the same, nor on the citizens of the United States. And all lawful produce, manufactures, merchandise, or other property be- longing to the citizens of the United States, passing from one ocean to the other, in either direction, shall be subject to no import or export du- ties whatever, nor to any discriminating tolls or charges for conveyance or transit, on any such route or road as aforesaid, and shall be secure and protected from all interruption or detention on the part of the State. The Eepublic of Honduras further agrees that any other privilege or advantage, commercial or other, which is or may be granted to the sub- jects or citizens of any other country, in regard to such route or road as aforesaid, shall also, and at the same time, be extended to citizens of the United States ; and finally, as an evidence of its disposition to accord to the travel and commerce of the world all the advantages resulting from its position in respect to the two great oceans, Honduras, of her own good will, engages to establish the ports at the extremities of the contemplated road, as free ports, for all the purposes of commerce and trade. 2. In consideration of these concessions, in order to secure the con- struction and permanence of the route or road herein contemplated, and also to secure, for the benefit of mankind, the uninterrupted advantages of such communication from sea to sea, the United "States recognizes the rights of sovereignty and property of Honduras in and over the line of said road, and for the same reason guaratees, positively and effica- ciously, the entire neutrality of the same, so long as the United States shall enjoy the privileges conceded to it in the preceding section of this article. And when the proposed road shall have been completed, the United States equally engages, in conjunction with Honduras, to pro- tect the same from interruption, seizure, or unjust confiscation, from whatsoever quarter the attempt may proceed. 3. Nevertheless, the United States, in according its protection to the said route or road, and guaranteeing its neutrality, when com- pleted, always understand that this protection and guarantee are granted conditionally, and may be withdrawn if the United States 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 article, either by making unfair discriminations in favor of the commerce of any nation or nations oyer the commerce of any other nation or nations, or by imposing oppres- sive exactions or unreasonable tolls upon passengers, vessels, goods, wares, merchandise, or other articles. The aforesaid protection and guarantee shall not, however, be withdrawn by the United States with- out first giving six months' notice to the Eepublic of Honduras. Article XV. t The present treaty shall be ratified, and the ratifications shall be exchanged at Comayagua within the space of one year, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at Comayagua this fourth day of July, in the year of our Lord one thousand eight hundred and sixty-four. THOS. H. CLAY. M. COLINDEES. l. s. L. S. ITALY ITALY, 1868. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE KING OF ITALY, DEFINING THE RIGHTS, IMMUNITIES, AND PRIVILEGES OF CONSULS. CONCLUDED FEBRUARY 8, 1868; RATIFICATIONS EXCHANGED SEPTEMBER 17, 1868 ; PROCLAIMED FEBRUARY 23, 1869. The President of the United States and His Majesty the King of Italy, recognizing the utility of denning the rights, privi- co.t»etm, par.,e S . j g ^ and imumnities f con sular officers in the two countries, deem it expedient to conclude a consular convention for that purpose. Accordingly, they have named : The President of the United States, William H. Seward, Secretary of State of the United States ; His Majesty the King of Italy, the Com- mander^ Marcello Cerruti, &c, &c. ; Who, after communicating to each other their full powers, found in good and due form, have agreed upon the following articles : Article I. Each of the high contracting parties agrees to receive from the other com.iib-Gsner.1, Consuls General, Consuls, Vice- Consuls, and Consular coosuib, &c. ' Agents, in all its ports, cities, and places, except those where it may not be convenient to recognize such officers. This reservation, however, shall not apply to one of the high contracting parties without also applying to every other Power. Article II. Consular officers, on the presentation of their commissions in the forms established in their respective countries, shall be furnished with the necessary exequatur free of charge, and on the exhibition of this instrument they shall be permitted to enjoy the rights, prerogatives, and immunities granted by this convention. Article III. Consular officers, citizens or subjects of the State by which they are appointed, shall be exempt from arrest, except in the case of to b°'exempt from offences which the local legislation qualifies as crimes, and punishes as such; from military billetings, from service in the militia or in the national guard, or in the regular army, and from all taxation, Federal, State, or municipal. If, however, they are citizens or subjects of the 1 State where they reside, or own property, or engage in business there, they shall be liable to the same charges of all kinds as other citizens or subjects of the country, who are merchants or own- ers of property. Article IV. No consular officer who is a citizen or subject of the State by which 497 , Consuls as witnesses. he was appointed, and who is not engaged in business, shall ( be compelled to appear as a witness before the courts of the country where he may reside. When the testimony of such a consular officer is needed, he- shall be invited in writing to appear in court, and if unable to do so, his testimony shall be requested in writing, or be taken orally, at his dwelling or office. It shall be the duty of said consular officer to comply with this request, without any delay which can be avoided. In all criminal cases contemplated by the sixth article of the amend- ments to the Constitution of the United States, whereby the right is secured to persons charged with crimes to obtain witnesses in their favor, the appearance in court of said consular officer shall be demanded, with all possible regard to the consular dignity and to the duties of his office. A similar treatment shall also be extended to United States Consuls in Italy in the like cases. Article V. « Consuls General, Consuls, Yice-Consuls, and Consular Agents may place over the outer door of their offices, or of their dwelling- Arm9 and flaB of houses, the arms of their nation, with this inscription, " Con- ™ ti0 " ° f C °' S " L sulate, or Vice-Consulate, or Consular Agency," of the United States, or of Italy, &c, &c. And they may also raise the flag of their country on their offices or dwellings, except in the capital of the country, when there is a legation there. Article VI. The consular offices and dwellings shall be at all times inviolable. The local authorities shall not, under any pretext, invade ... i-i-i,-i • ■ j i- Consular officers, them. In no case shall they examine or seize the papers -dwellings, papers, there deposited. In no case shall those offices or dwellings be used as places of asylum. When, however, a consular officer is en- gaged in other business, the papers relating to the consulate shall be kept separate. Article VII. In the event of the death, incapacity, or absence of Consuls General, . Consuls, Vice-Consuls, and Consular Agents, their chancellors Ca3eofthe!lbBenc( , or secretaries, whose official character may have previously orSSof coiiS " been made known to , the Department of State at Wash- ° ington, or to the Minister for Foreign Affairs in Italy, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, prerogatives, and immunities granted to the incumbents. Article VIII. Consuls General and Consuls may, with the approbation of their respective Governments, appoint Vice-Consuls and Consular vice-consuls Agents in the cities, ports, and places within their consular jurisdiction. These officers may be citizens of the United States, . Italian subjects, or other foreigners. They shall be furnished with a commission by the Consul who appoints them, and under whose orders they are to act. They shall enjoy the privileges stipulated for consular officers in this convention, subject to the exceptions specified in Articles. Ill and IV. 32 498 TREATIES AND CONVENTIONS. Article IX. Consuls General, Consuls, Vice-Consuls, and Consular Agents, may complain to the authorities of the respective countries, tii.tiM'OT'conieS- whether Federal or local, judicial or local, judicial or execu- tive, within their consular district, of any infraction of the treaties and conventions between the United States and Italy, or for the purpose of protecting the rights and interests of their countrymen. If the complaint should not be satisfactorily redressed, the consular officers aforesaid, in the absence of a diplomatic agent of their country, may apply directly to the Government of the country where they reside. Article X. Consuls General, Consuls, Vice-Consuls, and Consular Agents may take at their offices, at the residence of the parties, at their Powers of Consuls. .. . -, ' -, -i 1 • 1-1 i * , • n ,-, private residence, or on board ship, the depositions of the captains and crews of vessels of their own country, of passengers on board of them, and of any other citizen or subject of their nation. They may also receive at their offices, conformably to the laws and regula- tions of their country, all contracts between the citizens and subjects of their country, and the citizens, subjects, or other inhabitants of the country where they reside, and even all contracts between the latter, provided they relate to property situated or to business to be transacted in the territory of the nation to which said consular officer may belong. Copies of such papers, and official documents of every kind, whether in the original, copy, or translation, duly authenticated and legalized, by the Consuls General, Consuls, Vice-Consuls, and Consular Agents, and sealed with their official seal, shall be received as legal documents in courts of justice throughout the United States and Italy. Article XI. Consuls General, Consuls, Vice-Consuls, and Consular Agents shall ers of consul nave exclusive charge of the internal order of the merchant vessels of their nation, and shall alone take cognizance of dif- ferences which may arise, either at sea or in port, between the captains, officers, and crews, without exception, particularly in reference to &e adjustment of wages and the execution of contracts. Neither the Federal, State, or municipal authorities or courts in the United States, nor any court or authority in Italy, shall on any pretext interfere in these differ- ences, but*shall render forcible aid to consular officers, when they may ask it, to search, arrest, and imprison all persons composing the crew whom they may deem it necessary to confine. Those persons shall be arrested at the sole request of the Consuls, addressed in writing to either the Federal, State, or municipal courts or authorities in the United States, or to any court or authority in Italy, and supported by an official extract from the register of the ship, or the list of the crew, and shall be held, during the whole time of their stay in the port, at the disposal of the consular officers. Their release shall be granted at the mere request of such officers made in writing. The expenses of the arrest and detention of those persons shall be paid by the consular officers. Article XII. In conformity with the act ot Congress, (5 [3] March, 1855, "to regu- • ITALY, 1868. 499 late the carriage of passengers on steamships and other ^ ^^ vessels,") all disputes and differences of any nature between the E^or"",™" . i j • t j 1 * /v» t -i -iii and their passengers. the captains and their officers on one hand, and the passen- gers of their ships on the other, shall be brought to and decided by the circuit or district courts in the' United States, to the exclusion of all other courts or authorities. Article XIII. The respective Consuls-General, Consuls, Vice-Consuls, and Consular Agents may arrest the officers, sailors, and all other persons making part of the crew of ships of war or merchant ves- sels of their nation who may be guilty, or be accused of having deserted said ships and vessels, for the purpose of sending them on board or back to their country. To that end, the Consuls of Italy in the United States may apply in writing to either the Federal, State, or municipal courts or authorities ; and the Consuls of the United States in Italy may apply to any of the competent authorities and make a request in writing for the deserters, supporting it by the exhibition of the register of the ves- sel and list of the crew, or by other official documents, to show that the persons claimed belong to the said crew. Upon such request alone, thus supported, and without the exaction of any oath from the consular officers, the deserters, not being citizens or subjects of the country where the demand is made at the time of their shipping, 'shall be given up. All the necessary aid and protection shall be furnished for the search, pursuit, seizure, and arrest of the deserters, who shall even be put and kept in the prisons of the country, at the request and expense of the consular officers until there may be an opportunity for sending them away. If, however, such an oppor- tunity should not present itself within the space of three months, count- ing from the day of the arrest, the deserter shall be set at liberty, nor shall he be again arrested for the same cause. Article XIV. In the absence of an agreement to the contrary between the owners, freighters, and insurers, all damages suffered at sea by the DamaBes BUflered vessels of the two countries, whether they' enter port volun- at .""■ tarily or are forced by stress of weather, shall be settled by the Consuls- General, Consuls, Vice-Consuls, and Consular Agents of the respective countries where they reside. If, however, any inhabitant of the country, or citizen, or subject of a third Power shall be interested in the matter, and the parties cannot agree, the competent local authorities shall decide. Article XV. All proceedings relative to the salvage of American vessels wrecked upon the coasts of Italy, and of Italian vessels wrecked upon the coasts of the United States, shall be/ directed by the Consuls-General, Consuls, and Vice-Consuls of the two countries respect- ively, and, until their arrival, by the respective Consular Agents, when- ever an agency exists. In the places and ports where an agency does not exist, the local authorities, until the arrival of the Consul in whose district the wreck may have occurred, and who shall immediately be informed of the occurrence, shall take all necessary measures for the pro- tection of persons and the preservation of property. The local authori- 500 TREATIES AND CONVENTIONS. ties shall not otherwise interfere than for the maintenance of order, the protection of the interests of the salvors, if they do not belong to the crews that have been wrecked, and to carry into effect the arrangements made for the entry and exportation of the merchandise saved. It is understood that such merchandise is not to be subjected to any custom- house charges, unless it be intended for con sumption in the country where the wreck may have taken place. Article XVI. In case of the death of a citizen of the United States in Italy, or of D^th of citi*™' an Italian subject in the United States, without having any Sl'imitory'offt? known heirs or testamentary executor by him appointed, the ot " 3 ' competent local authorities shall inform the Consuls or Con- sular Agents of the nation to which the deceased belongs of the circum- stance, in order that the necessary information may be immediately for- warded to parties interested. Article XVII. The present convention shall remain in force for the space of ten Duration of this (10) years, counting from the day of the exchange of the convention ratifications, which shall be made in conformity with the respective constitutions of the two countries, and exchanged at Wash- ington, within the period of six (6) months, or sooner if possible. In case neither party gives notice, twelve (12) months after the expira- tion of the said period of ten (10) years, of its intention to renew this convention, it shall remain in force one (1) year longer, and so on from year to year,' until the expiration of a year from the day on which one of the parties shall have given such notice. In faith whereof, the respective Plenipotentiaries have signed this convention, and have hereunto affixed their seals. Done in duplicate, at Washington, the eighth day of February, 1868, the ninety-second year of the Independence of the United States of WILLIAM H. SEWAED. [seal. MAECELLO CEEEUTI. Tseal. ITALT, 1869. ADDITIONAL ARTICLE TO CONVENTION OF FEBRUARY 8, 1868. CONCLUD- ED"' JANUARY 21, 1869; RATIFICATIONS EXCHANGED MAY 7, 1869; PRO- CLAIMED MAY 11, 1869. The exchange of ratifications of the convention for regulating the Time ior exchann- jurisdiction of Consuls, between the United States and His conve» , tion Mi re'iBti„ 8 r Majesty the King of Italy, which was signed 'on the 8th of to con»„iB emended. February, 1868, having been unavoidably delayed beyond the period stipulated in Article XVII, it is agreed between the high contracting parties that the said convention shall have the same force and effect as it would have had if the exchange had been effected within the stipulated period. In witness whereof, the respective Plenipotentiaries have signed the present article in duplicate, and have affixed thereto the seal of their arms. Done at Washington the 21st day of January, 1869. WILLIAM H. SEWAED. [SEAL. M. CEEEUTI. [seal. ITALY, 1868. 501 ITALY, 1868. CONVENTION BETWEEN THE UNITED STATES AND THE KING OF ITALY FOB THE SURRENDER OF CRIMINALS. CONCLUDED AT WASHINGTON, MARCH 23, 1868; RATIFICATIONS EXCHANGED SEPTEMBER 17, 1868; PRO- CLAIMED SEPTEMBER 30, 1868. The United States of America and His Majesty the King of Italy, having iudged it expedient, with a view to the better ad- . . r^ ".. /?.£"■ i j_ ii .. /• • Contracting partieB. ministration of justice, and to the prevention or crimes within their respective territories and jurisdiction, that persons con- victed of or charged with the crimes hereinafter specified, and being fugitives from justice, should, under certain circumstances, be recipro- cally delivered up, have resolved to conclude a convention for that pur- pose, and have appointed as their Plenipotentiaries : The President of the United States, William H. Seward, Secretary of State ; His Majesty the King of Italy, the Commander Marcello Cerruti, Envoy Extraordinary and Minister Plenipotentiary ; Who, after reciprocal communication of their full powers, found in good and due form, have agreed upon the following articles, to wit : Article I. The Government of the United States and the Government of Italy mutually agree to deliver up persons who, having been . Extrai , itionof convicted of or charged with the crimes specified in the fol- criminala - lowing article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum or be found within the territories of the other : Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her appre- hension and commitment for trial, if the crime had been there com- mitted. Article II. Persons shall be delivered up who shall have been convicted of, or be charged, according to the provisions of this convention, with any of the following crimes : c " me! '" 1. Murder, comprehending the crimes designated in the Italian penal code by the terms of parricide, assassination, poisoning, and infanticide. 2. The attempt to commit murder. 3. The crimes of rape, arson, piracy, and mutiny on board a ship, whenever the crew, or part thereof, by fraud or violence against the commander, have taken possession of the vessel. 4. The crime of burglary, defined to be the action of breaking and en- tering by night into the house of another with the intent to com mit felony ; and the crime of robbery, defined to be the action of feloniously and forcibly taking from the person of another goods or money, by violence or putting him in fear. 5. The crime of forgery, by which is understood the utterance of forged papers, the counterfeiting of public, sovereign, or Government acts. 6. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, bank-notes, and obligations, and in general of any title and instrument of credit whatsoever, the counterfeiting of 502 TREATIES AND CONVENTIONS. seals, dies, stamps, and marks of State and public administrations, and the utterance thereof. 7. The embezzlement of public moneys, committed within the juris- diction of either party, by public officers or depositors. 8. Embezzlement by any person or persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. Article III. The provisions of this treaty shall not apply to any crime or offence of a political character, and the person or persons delivered Political offences. n ,-, . , -t • , t t j_-t iti up for the crimes enumerated m the preceding article shall in no case be tried for any ordinary crime, committed previously to that for which his or their surrender is asked. Article IV. If the person whose surrender may be claimed, pursuant to the stipu- Extraditu™ forio- lations of the present treaty, shall have been arrested for the cai offences. commission of offences in the country where he has sought an asylum, or shall have been convicted thereof, his extradition may be deferred until he shall have been acquitted, or have served the term of imprisonment to which he may have been sentenced. Article V. Eequisitions for the surrender of fugitives from justice shall be made KewiMtions for by the respective Diplomatic Agents of the contracting extradite. parties, or in the event of the absence of these from the country or its seat of Government, they may be made by superior con- sular officers. If the person whose extradition may be asked for shall have been convicted of a crime, a copy of the sentence of the court in which he may have been convicted, authenticated under its seal, and an attestation of the official character of the judge by the proper executive authority, and of the lat'ter by the Minister or Consul of the United States or of Italy, respectively, shall accompany the requisition. When, however, the fugitive shall have been merely charged with crime, a duly authenticated copy of the warrant for his arrest in the country where the crime may have been committed, or of the depositions upon which such warrant may have been issued, must accompany the requi- sition as aforesaid. The President of the United States, or the proper executive authority in Italy, may then issue a warrant for the apprehen- sion of the fugitive, in order that he may be brought before the proper judicial authority for examination. If it should then be decided that, according to law and the evidence, the extradition is^due pursuant to the treaty, the fugitive may be given up according to the forms pre- scribed in such cases. Article VI. The expenses of the arrest, detention, and transportation of the persons claimed, shall be paid by the Government in whose name the requisition shall have been made. Article VII. This convention shall continue in force during five (5) years from the ITALY, 1869, 1871. 503 day of exchange of ratifications ; but if neither party shall Duration of con. have given to the other six (6) months' previous notice of its venti< "'- intention to terminate the same, the convention shall remain in force five years longer, and so on. The present convention shall be ratified, and the«, ratifications ex- changed at Washington, within six (6) months, and sooner if possible. In witness whereof, the respective Plenipotentiaries have signed the present convention in duplicate, and have thereunto affixed their seals. Done at Washington the twenty-third day of March, A. D. one thou- sand eight hundred and sixty-eight, and of the Independence of the United States the ninety-second. WILLIAM H. SEWAED. [seal.J M. CEEEUTI. [SEAL.] ITALY, 1869. ADDITIONAL ARTICLE TO CONVENTION OF MARCH 23, 1868. CONCLUDED JANUARY 21, 1869; RATIFICATIONS EXCHANGED MAY 7, 1869; PRO- CLAIMED MAY 11, 1869. It is agreed that the concluding paragraph of the second article of the convention aforesaid shall be so amended as to read as follows : 8. Embezzlement by any person or persons hired or salaried, to the detriment of their employers, when these crimes are subject EmbezzIeineiit tp infamous punishment according to the laws of the United b ? c?u»Tf™e«radi° States, and criminal punishment according to the laws of tlon ' Italy. In witness whereof, the respective Plenipotentiaries have signed the present article in duplicate, and have affixed thereto the seal of their arms. Done at Washington the 21st dav of January, 1869. WILLIAM H. SEWAED. [seal. M. CEERUTI. ■ [SEAL.; ITALY, 1871. TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF ITALY. SIGNED FEBRU- ARY 26, 1871; RATIFICATIONS EXCHANGED NOVEMBER 18, 1871; PRO- CLAIMED NOVEMBER 23, 1871. / The United States of America and His Majesty the King of Italy, desiring to extend and facilitate the relations of commerce Contrlcti part[e3 and navigation between the two countries, hcive determined to conclude a treaty for that purpose, and have named as their respective' Plenipotentiaries : The United States of America, George Perkins Marsh, their Envoy Extraordinary and Minister Plenipotentiary near His Majesty the King of Italy ; and His Majesty the King of Italy, the Noble Emilio Visconti Venosta, Grand Cordon of his Orders of the Saints Maurice and Lazarus, and of the Crown of Italy, Deputy in Parliament, and his Minister Secre- tary of State for Foreiarn Affairs : 504 TREATIES AND CONVENTIONS. And the said Plenipotentiaries, having exchanged their full powers, found in good and due form, have concluded and signed the following articles : / Article I. There shall be between the territories of the high contracting parties a reciprocal liberty of commerce and navigation. of Re commeree 1,b ™5 Italian citizens in the United States, and citizens of the mvi8Iti °"' United States in Italy, shall mutually have liberty to enter with their ships and cargoes all the ports of the United States and of Italy, respectively, which may be open to foreign commerce. They Reside,™, rights, shall also have liberty to sojourn and reside in all parts and privilege.. ' w h a tever of said territories. They shall enjoy, respectively, within the States and possessions of each party, the same rights, priv- ileges, favors, immunities, and exemptions for their commerce and navi- gation as the natives of the country wherein they reside, without paying other or higher duties or charges than are paid by the natives, on con- dition of their submitting to the laws and ordinances there prevailing. War vessels of the two Powers shall receive in their respective ports the treatment of those of the most favored nations. Article II. The citizens of each of the high contracting parties shall have liberty Eight to travd and to travel in the States and territories of the other, to carry cam-on trade. on trade, wholesale and retail, to hire and occupy houses and warehouses, to employ agents of their choice, and generally to do anything incident to or necessary for trade, upon the same terms as the natives of the country, submitting, themselves to the laws there estab- lished. Article III. The citizens of each of the high contracting parties shall receive, in secure to persons the States and Territories of the other, the most constant and property. protection and security for their persons and property, and shall enjoy in this respect the same rights and. privileges as are or shall be granted to the natives, on their submitting themselves to the con- ditions imposed upon the natives. They shall, however, be exempt in their respective territories from Exemption from compulsory military service, either on land or sea, in the Sf,fce! 8 °r™rn°oBkS; regular forces, or in the national guard, or in the militiai and contributions. ' They shall likewise be exempt from any judicial or municipal office, and from any contribution whatever, in kind or in money, to be levied in compensation for personal services. Article IV.' , The citizens of neither of the contracting parties shall be liable, in the States or territories of the other, to any embargo, nor teSon m t*thout 'in- shall they be detained with their vessels, cargoes, merchant denotation. dig ^ Qr effectS; for any mi ii tar .y expedition, nor for any pub- lic or private purpose whatsoever, without allowing to those interested a sufficient indemnification previously agreed upon when possible. Article V. The high contracting parties agree that whatever kind of produce, ITALY, 1871. , 505 manufactures, or merchandise of any foreign country can be ImP0rt8 int0 the from time to time lawfully imported into the United States, ££ viL'^aid in their own vessels, may be also imported in Italian ves- d ° ties a """"'' sels ; that no other or higher«duties upon the tonnage of the vessel qr her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other; and, in like manner, that whatsoever kind of produce, manufactures, or merchandise of any for- eign country can be from time to time lawfully imported into Italy in ,its own vessels, may be also imported in vessels of the i mport8 into ItaIy United States, and that no higher or other duties upon the ^e e d"suto5f *J3 tonnage of the vessel or her cargo shall be levied and col- dut[ea the| - e °"-' ' lected, whether the importation be made in vessels of the one country or of the other ; and they further agree that whatever may be lawfully exported and re-exported from the one country, in its own vessels, to any foreign country, may in the like manner be dut,e?,° r rad°™S exported or re-exported in the vessels of the other country, and the same bounties, duties, and drawbacks shall be allowed and col- lected, whether such exportation or re-exportation be made in vessels of the United States or of Italy. Article VI. No higher or other duties shall be imposed on the importation into the United States of any articles, the produce or manufac- tures of Italy, and no higher or other duties shall be imposed ports ties mto°°eit™r on the importation into Italy of any articles, the produce or """""' manufactures of the United States, than are or' shall be payable on the like articles, being the produce or the manufactures of any other foreign country ; nor shall any other or higher duties or charges be imposed, in either of the two countries, on the exportation D » , " =8U '°°" I ' ort! '- of any articles to the United States or to Italy, respectively, than such as are payable on the exportation of the like articles to any foreign country, nor shall any prohibition be imposed on the impor- tation or the exportation of any articles the produce or manu- factures of the United States or of Italy, to or from the territories of the United States, or to or from the territories of Italy, which shall not equally extend to all other nations. Article VII. Vessels of the United States arriving at a port of Italy, and, recip- rocally, vessels of Italy arriving at a port of the United States, may proceed to any other port of the same country, cZSt'^L'S"! and may there discharge such part of their original cargoes wo^ltlo^S as may not have been discharged at the port where they ff St ew g !i; first arrived. It is, however, understood and agreed that ^^^ i <^ m - nothing contained in this article shall apply to the coastwise naviga- tion, which each of the two contracting parties reserves exclusively to itself. Article VIII. The following shall be exempt from paying tonnage, anchorage, and clearance duties in the respective ports: ' " Cert „ fa ves8els to 1st. Vessels entering in ballast, and leaving again in bal- » g ™i f ™Si last, from whatever port they may come. clearance du«ei 506 TREATIES AND CONVENTIONS. 2. Vessels passing from a port of either of the two States into one or more ports of the same State, therein to discharge a part or all of their cargo, or take in or complete their cargo, whenever they shall furnish proof of having already paid the aforesaid duties. 3. Loaded vessels entering a port either voluntarily or forced from stress of weather, and leaving it without having disposed of the whole or part of their cargoes, or having therein completed their cargoes. No vessel of the one country, which may be compelled to enter a port of the other, shall be regarded as engaging in trade if it to^e'coS'ered^s merely breaks bulk for repairs, transfers her cargo to an- ensagmg „. trade, (jftjgj, vesse i on account of unseawor thiness, purchases stores, or sells damaged goods for re-exportation. It is, however, understood that all portions of such damaged goods destined to be sold for internal co custom duties. Article IX. B oids\oWcu™om« for internal consumption shall be liable to the payment of When any vessel belonging to the citizens of either of the contracting parties shall be wrecked, foundered, or shall suffer any dam- .er»to c . k e e c d ei^ c ai"st' age, on the coasts or within the dominions of the other, ance, &c there shall be given to it all assistance and protection in the same manner which is usual and customary with the vessels of the nation where the damage happens, permitting them to unload the said vessel, if necessary, of its merchandise and effects, and to reload the no duties, except, same, or part thereof, paying no duties whatsoever but such &c - as shall be due upon the articles left for consumption. Article X. Vessels of either of the contracting parties shall have liberty, within ve Bse i, may com- the territories and dominions of the other, to complete their piete their crews. creW) in order to continue their voyage, with sailors articled in the country, provided they submit to the local regulations and their enrolment be voluntary. Article XI. All ships, merchandise, and effects belonging to the citizens of one of ve„ei s , &c, cap- the contracting parties, which may be captured by pirates, .'"ana witS£ to.'?!! whether within the limits of its jurisdiction or on the high e%?tfSmedwiam seas,,and may be carried or found in the rivers, roads, bays, one year. ports, or dominions of the other, shall be delivered up to the owners, they proving, in due and proper form, their rights before the competent tribunals ; it being well understood that the claim should be made within the term of one year, by the parties themselves, their attor- neys, or agents of the respective Governments. Article XII. The high contracting parties agree that, in the unfortunate event of private property & war between them, the private property of their respect- er,^;; be" exempt ive citizens and subjects, with the exception of contraband from capture. f wai . ; sua [i b e exempt from capture or seizure, on the high seas or elsewhere, by the armed vessels or by the military forces of Exemption not to either party ; it being understood that this exemption shall extend to, &c no ^ expend to vessels and their cargoes which may attempt to enter a port blockaded by the naval forces of either party. ITALY, 1871. 507 Article XIII. The high contracting parties having agreed that a state of war be- tween one of them and a third Power shall not, except in Wh „ tto C0 „ stitu , 9 the cases of blockade and contraband of war, affect the neu- aIegal bloctada tral commerce of the other, and being desirous of removing every uncer- tainty which may hitherto have arisen respecting that which, upon principles of fairness and justice, ought to constitute a legal blockade, they hereby expressly declare that such places only shall be considered blockaded as shall be actually invested by naval forces capable of pre- venting the entry of neutrals, and so stationed as to create an evident danger on their part to attempt it. Article XIV. And whereas it frequently happens that vessels sail for a port or a place belonging to an enemy without knowing that the TeMdB attompt . same is besieged, blockaded, or invested, it is agreed that ™ t ™ f"JJX do t J every vessel so circumstanced may be turned away from l™i™&t, ll\^', such port or place, but shall not be detained, nor shall any * c - part of her cargo, if not contraband of war, be confiscated, unless, after a warning of such blockade or investment from an officer commanding a vessel of the blockading forces, by an endorsement of what endorsement ■ such officer ou the papers of the vessel, mentioning the date °»«^'e»'i'«i»p»«- and the latitude and longitude where such endorsement was made, she shall again attempt to enter ; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either, that may have entered into such a port before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor, if found therein after the reduction and surrender, shall such vessel or her cargo be liable to con- fiscation, but they shall be restored to the owners thereof; and if any vessel, having thus entered any port before the blockade took place, shall take on board a cargo after the blockade port!wh ? n v wockade be established, she shall be subject to being warned by the blockading forces to return to the port blockaded and discharge the said cargo, and if, after receiving the said warning, the vessel shall persist in going out with the cargo, she shall be liable to the same con- sequences as a vessel attempting to enter a blockaded port after being warned off by the blockading forces. Article XV. The liberty of navigation and commerce secured to neutrals by the stipulations of this treaty shall extend to all kinds of mer- whattobedeemed chandise, excepting those only which are distinguished by °°'""> 1 ><"" i ° f "'«- the name of contraband of war. And, in order to remove all causes of doubt and misunderstanding upon this subject, the contracting parties expressly agree and declare that the following articles, and no others, shall be considered as comprehended under this denomination : 1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, bombs, grenades,, powder, matches, balls, and all other things belonging to, and expressly manufactured for, the use of these arms. 2. Infantry belts, implements of war and defensive weapons, clothes cut or made up in a military form and for a military use. 508 TREATIES AND CONVENTIONS. 3. Cavalry belts, war saddles and holsters. 4. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed expressly to make war by sea or land. Article XVI. It shall be lawful for the citizens of the United States, and for the cities of ei«,er su hJ ec * s °f the Kingdom of Italy, to sail with their ships f°°i t 'C m ^rt™ , ?I! w ith a ll manner of liberty and security, no distinction being S ?r£e "ports, made who are the proprietors of the metchandise laden a.-e" enemies" of "he thereon, from any port to the places of those who now are, or hereafter shall be, at enmity with either of the contract- ing parties. It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandise before mentioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of both or either party without any opposition or dis- turbance whatever, not only directly from the places of the enemy be- fore mentioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one Power or under several ; ' and it is hereby stipulated that free ships shall also give freedom to goods, rree ree e."ods' "ontra* and that everything shall be deemed to be free and exempt from capture which shall be found on board the ships be- longing to the citizens of either of the contracting parties, although the whole lading or any part thereof should appertain to the enemies of the other, contraband goods being always excepted. It is also agreed, in And r ree person., hke manner, that the same liberty be extended to persons except, &c ' w ] 10 are on fo oar( j f a f ree ship . an( j they shall not be taken out of tha.t free ship unless they are officers or soldiers, and in the actual^service of the enemy : Provided, however, and it is eiteJd o p niy'Jo 8 wh t a° hereby agreed, that the stipulations in this article con- tained, declaring that the flag shall cover the property, shall be understood as applying to those Powers only who recognize this principle, but if either of the two contracting parties shall be at war with a third, and the other neutral, the flag of the neutral shall cover the property, of enemies whose Governments acknowledge this principle, and not of others. Article XVII. All vessels sailing under the flag of the United States, and furnished what to be deemed with such papers as their laws require, shall be regarded in SSt"s! or and U what Italy as vessels, of the United States, and, reciprocally, all naiian vessel.. vessels sailing under the flag of Italy, and furnished with the papers which the laws of Italy require, shall be regarded in the United States as Italian vessels. Article XVIII. In order to prevent all kinds of disorder in the visiting and examina- ■Examinatum on tion of the ships and cargoes of both the contracting par- Stt3'.'l5 ties oa tn e high seas, they have agreed, mutually, that w" e r "esS S the whenever a vessel of war shall meet with a vessel not of other. war f t h e ther contracting party, the first shall remain at ITALY, 1871. 509 a convenient distance, and may send its boat, with two or three men only, in order to execute the said examination of the papers, concerning the ownership and cargo of the vessel, without causing the least extor- tion, violence, or ill-treatment ; and it is expressly agreed that the unarmed party shall in no case be required to go on board the examin- ing vessel for the purpose of exhibiting his papers, or for any other pur- pose whatever. Article XIX. It is agreed that the stipulations contained in the present treaty rela- tive to. the visiting and examining of a vessel shall apply Provision! i BtovB9 . only to those which sail without a convoy ; and when said " l8 under convoy - vessels shall be under convoy the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protec- tion belong to the nation whose flag he carries, and when bound to an enemy's port, that they have no contraband goods on board, shall be sufficient. Article XX. In order effectually to provide for the security of the citizens and sub- iects of the contracting parties, it is agreed between them li , n n W , . A j> . , j Commanders of that all commanders ot ships of war of each party, respect- £ lp ",,ntahmmt"Sd tivelv, shall be strictly enjoined to forbear from doing any d°m«g°s"lb™o°trag°3 t ■ i ., ,T ' , . . , . , . on persons or proper- damage to or committing any outrage against the citizens or t y or citrus of the subjects of the other, or against their vessels or property; and if the said commanders shall act contrary to this stipulation, they shall be severely punished, and made answerable in their persons and estates for the satisfaction and reparation of said damages, of whatever nature they may be. Article XXI. If by any fatality, which cannot be expected, and which may God avert, the two contracting parties should be engaged in a • ,t i it j_ii -\ -\ i In case of war, mer- war with each other, they have agreed and do agree, now chants to u? allowed for then, that there shall be allowed the term of six months ranBe tB 'busi™ess to and to the merchants residing on the coasts and in the ports of leiYe ' each other, and the term of one year to those who dwell in the intoior, to arrange their business, and transport their effects wherever they please, Avith the safe conduct necessary to protect them and their property, until they arrive at the ports designated for their embarkation. And all women and children, scholars of every faculty, cultivators ^ ma7 <.<,„. of the earth, artisans, mechanics, manufacturers, and fisher- 1;™™^^^: men, unarmed and inhabiting the unfortified towns, villages, » ole3ted - or places, and, in general, all others whose occupations are for the com- mon subsistence and benefit of mankind, shall be allowed to continue their respective employments, and shall not be molested in their per- sons, nor shall their houses or goods be burnt or otherwise destroyed, nor their fields wasted by the armed force of the belligerent in whose power, by the events of war, they may happen to fall ; but, if it be neces- sary that anything should be taken from them for the use of such bel- ligerent, the same shall be paid for at a reasonable price. And it is declared that neither the pretence that war dissolves treaties, nor any other whatever, shall be considered as annulling or Thi,,,,^ notto suspending this article ; but, on the contrary, that the state pe»d°ron d anr P !£ of war is precisely that for which it is provided, and during " 5nce - 510 TREATIES AND CONVENTIONS. ■which its provisions are to be sacredly observed as the most acknowl- edged obligations in the law of nations. Article XXII. The citizens of each of the contracting parties shall have power to DiBpcitionofper- dispose of their personal goods within the jurisdiction of sona) property. tne other, by sale, donation, testament, or otherwise, and their representatives, being citizens of the other party, shall succeed to their personal goods, whether by testament or ab intestato, and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein such goods are shall be subject to pay in like cases. As for the case of real estate, the citizens and subjects of the two contracting parties shall be treated on the footing of the most favored nation. Article XXIII. The citizens of either party shall have free access to the courts of courts of jnstke justice, in order to maintain and defend their own rights, 2L e Xnher h co c i t r!- without any other conditions, restrictions, or' taxes than try - such as are imposed upon the natives. They shall, there- fore, be free to employ, in defense of their rights, such advocates, soli- citors, notaries, agents, and factors as they may judge proper, in all their trials at law ; and such citizens or agents shall have free opportu- tunity to be present at the decisions and sentences of the tribunals in all cases which may concern them, and likewise at the taking of all ex- aminations and evidences which may be exhibited in the said trials. Article XXIV. The United States of America and the Kingdom of Italy mutually privileges of the engage not to grant any particular favor to other nations, moBt favored m tion. j n reS p ec t to commerce and navigation, which shall not im- mediately become common to the other party, who shall enjoy the same freely if the concession was freely made, or on allowing the same com- pensation if the concession was conditional. Article XXV. The present treaty shall continue in force for five years (5) years from the day of the exchange of the ratifications; and if, twelve tiffin force" how (12) months before the expiration of that period, neither of l0M ' the high contracting parties shall have announced to the other, by an official notification, its intention to terminate the said treaty, it shall remain obligatory on both parties one (1) year beyond that time, and so on until the expiration of the twelve (12) months, which will follow a similar notification, whatever may be the time when such notification shall be given. Article XXVI. The present treaty shall be approved and ratified by His Majesty the whe„ and bv whom King of Italy, and by the President of the United States, by to be ratified, &c. an( j w j^] 1 ^g a a v i C e and consent of the Senate thereof, and ITALY, 1871. 511 the ratifications shall be exchanged at Washington within twelve months from the date hereof, or sooner if possible. In faith whereof the Plenipotentiaries of the contracting parties have signed the present treaty in duplicate, in the English and Italian lskw- guages, and thereto affixed their respective seals. Done at Florence this twenty-sixth day of February, in the year of our Lord one thousand eight hundred and seventy-one. GEOEGE P. MABSH. YISOONTI VEKOSTA. L. S. L. S. JAPA.N. JAPAN, 1854. TREATY OF PEACE AND AMITY WITH JAPAN. CONCLUDED MARCH 31, 1854; RATIFICATIONS EXCHANGED FEBRUARY 21, 1855; PROCLAIMED JUNE 22, 1855. The United States of America and the Empire of Japan, desiring to TMe establish firm, lasting, and sincere friendship between the two nations, have resolved to fix, in a manner clear and positive, by means of a treaty or general convention of peace and amity, the rules which shall in future be mutually observed in the intercourse preamble. °^ theiv respective countries; for which most desirable object the President of the United States has conferred full powers on his Commissioner, Matthew Oalbraith Perry, Special Ambas- sador of the United States to Japan, and the August Sovereign of Japan has given similar full powers to his Commissioners, Hayashi, Dai- gaku-no-kami ; Ido, Prince of Tsus-Siraa; Izawa, Prince of Mima-saki; and Udono, Member of the Board of Eevenue. And the said Commis- sioners, after having exchanged their said full powers, and duly consid- ered the premises, have agreed to the following articles : Article I. There shall be a perfect, permanent, and universal peace and a sin- cere and cordial amity between the United States of America on the one part, and the Empire of Japan on the other part, and between their people respectively, without exception of persons or places. Article II. f The port of Simoda, in the principality of Idzu, and the port of Hako- simodanadHako- dade, in the principality of Matsmai, are granted by the ade pons. Japanese as ports for the reception of American ships, ■where they can be supplied with wood, water, provisions, and coal, and other articles their necessities may require, as far as the Japanese have them. The time for opening the first-named port is immediately on signing this treaty ; the last-named port is to be opened immediately after the same day in the ensuing Japanese year. Note. — A tariff of prices shall be given by the Japanese officers of the things which they can furnish, payment for which shall be made in gold and silver coin. Article III. Whenever ships of the United States are thrown or wrecked on the coast of Japan, the Japanese vessels will assist them, and Wreck "' carry their crews to Simoda, or Hakodade, and hand them over to their countrymen, appointed to receive them ; whatever articles the shipwrecked men may have preserved shall likewise be restored, and the expenses incurred in the rescue and support of Americans and Japanese who may thus be thrown upon the shores of either nation are not to be refunded. JAPAN, 1854. 513 Article IV. Those shipwrecked persons and other citizens of the United States shall be free as in other countries, and not subjected to confinement, but shall be amenable to just laws. Article V. Shipwrecked men and other citizens of the United States, tempora- rily living at Simoda and Hakodade, shall not be subject to such re- strictions and confinement as the Dutch and Chinese are at Nagasaki, but shall be free at Simoda to go where they please within the limits of seven Japanese miles (or ri) from a small island in the harbor of Simoda, marked on the accompanying chart hereto appended ; and shall in like manner be free to go where they please at Hakodade, within limits to be defined after the visit of the United States squadron to that place. Article VI. > If there be any other sort of goods wanted, or any business which shall require to be arranged, there shall be careful delibera- IncaB e 0t i, C rti,i„ g » tion between the parties in order to settle such matters. "'" wa "" ; ' i - Article VII. It is agreed that ships of the United States resorting to the ports open to them shall be permitted to exchange gold and sil- T ^ ver coin and articles of goods for other articles of goods, under such regulations as shall be temporarily established by the Japan- ese Government for that purpose. It is stipulated, however, that the ships of the United States shall be permitted to carry away whatever articles they are unwilling to exchange. Article VIII. Wood, water, provisions, coal, and goods required, shall only ^be pro- cured through the agency of Japanese officers appointed for that pur- pose, and in no other manner. Article IX. It is agreed that if at any future day the Government of Japan shall grant to any other nation or nations privileges and advantages which are not herein granted to the United States and the citizens thereof, that these same privileges and advantages shall be granted likewise to the United States and to the citizens thereof, without any consultation or delay. Article X. Ships of the United States shall be permitted to resort to no other ports in Japan but Simoda and Hakodade, unless in dis- ofter potB tress or forced by stress of weather. Article XI. There shall be appointed, by the Government of the United States, 33 514 TREATIES AND CONVENTIONS. Consuls or Agents to reside in Simoda, at any time after «onaui 5 . the eX pj rat j 0I1 f eighteen months from the date of the sign- ing of this treaty ; provided that either of the two Governments deem such arrangement necessary. Article XII. The present convention having been concluded and duly signed, shall be obligatory and faithfully observed by the United States K»t,ita>t,o M . of America and j a p an> an d by the citizens and subjects of each respective Power ; and it is to be ratified and approved by the President of the United States, by and with the advice and consent of the Senate thereof, and by the August Sovereign of Japan, and the ratification shall be exchanged within eighteen months from the date of the signature thereof, or sooner if practicable. In faith whereof we, the respective Plenipotentiaries of the United States of America and the Empire of Japan aforesaid, have signed and sealed these presents. Done at Kanagawa, this thirty first day of March, in the year of our Lord Jesus Christ one thousand eight hundred and fifty-four, and of Kayei the seventh year, third month, and third day. M. C. PEEET. JAPAN, 1857. TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE EMPIRE OF JAPAN. CONCLUDED AT SIMODA JUNE 17, 1857 ; PROCLAIMED JUNE 30, 1858. For the purpose of further regulating the intercourse of American cit- izens within the Empire of Japan, and, after due delibera- tion, His Excellency Townsend Harris, Consul General of the United States of America for the Empire of Japan, and their Excel- lencies Inowouye, Prince of Sinano, and Nakamoera, Prince of Dewa, Governors of Simoda, all having full powers from their respective Gov- ernments, have agreed on the following articles, to wit : Article I. The port of Nangasaki, in the principality of Hizen, shall be open to American vessels, where they may repair damages, procure Port of Nnneasakr , ~ , .' . j j_i °.- \ tobeopcntoAmeri- water, fuel, provisions, and other necessary articles, even can veewels coals, where they are obtainable. Article II. It being known that American ships coming to the ports of Simoda and Hakodade cannot have their wants supplied by the mw™"je°«si3a Japanese, it is agreed that American citizens may perma- ,»d Hakod.de. nently res id e at Simoda and Hakodade, and the Govern- ment of the United States may appoint a Vice-Consul to reside at Hako- dade. This article to go into effect on the fourth day of July, eighteen hun- dred fifty-eight. JAPAN, 1857. ' 515 Article III. In settlement of accounts the value of the money brought by the Americans shall be ascertained by weighing it with japan- AraeriCiin ...d j„- «se%)6in, (gold and silver itsebues,) that is, gold with gold, "» MBecoi °- and: silver with silver, or weights representing Japanese coin may be used, after such weights have been carefully examined and found to be correct. The value of the money of the Americans having been thus ascer- tained, the sum of six per cent, shall be allowed to the Japanese for the expense of recoinage. Article IV. Americans committing offences in Japan shall be tried by the Ameri- can Consul General or Consul, and shall be punished accord- Juri , dictio , of ^ ing to American laws. • fence "- Japanese committing offences against Americans shall be tried -by the^ Japanese authorities, and punished according to Japanese laws. Article V. American ships which may resort to the ports of Simoda, Hakodade, orFaugasaki, for the purpose of obtaining necessary supplies, Meai „ m „r „*- or to repair damages, shall pay for them in gold or silver cl,a " ge ' **• coin ; and if they have no money, goods shall be taken in exchange. Article VI. The Government of Japan admits the right of His Excellency the Consul General of the United States to go beyond the limits Kieht3 of c^m of Seven Ei, but has asked him to delay the use of that right, General ' &c - except in cases of emergency, shipwreck, &c, to -which he has assented. Article VII. Purchases for His Excellency the Consul General, or his family, may be made by him only, or by some member of his family, and P „ c i, a8e , for j_ j_i ■ X' Regulations regard- ernments in lieu thereof. Six months after the opening of ^^^"^f Kanagawa the port of Simoda shall be closed as a place of residence and trade for American citizens. In all the foregoing ports and towns American citizens may ptermanently reside; they shall have the right to lease ground, and purchase the buildings thereon, and may- erect dwellings and warehouses. But no fortification or place of mili- tary strength shall be erected under pretence of building dwelling or warehouses; and to see that this article is observed, the Japanese authorities shall have the right to inspect, from time to time, any build- ings which are being erected, altered, or repaired. The place which the Americans shall occupy for their buildings, and the harbour regulations, shall be arranged by the American Consul and the authorities of each place; and if they cannot agree, the matter shall be referred to and set- tled by the American Diplomatic Agent and the Japanese Government. No wall, fence, or gate shall be erected by the Japanese around the place of residence of the Americans, or anything done which may pre- vent a free egress and ingress to the same. From the (1st of January, 1862) first day of January, one thousand eight hundred and sixty-two, Americans shall be allowed to reside in the city of Yedo; and from the (1st of January, 1863,) first day of January, one thousand eight hundred and sixty-three, in the city of Osaca, for the purposes of trade only. In each of these two cities a suitable place within which they may hire houses, and the distance they may go, shall be arranged by the American Diplomatic Agent , and the Government of Japan. Americans may freely buy from Japan- ese and sell to them any articles that either may have for sale, without the, intervention of any Japanese officers in such purchase or sale, or in making or receiving payment for the same; and all classes of Japanese may purchase, sell, keep, or use any articles sold to them by the Amer- icans. The Japanese Government will cause this clause to be made public in every part of the Empire as soon as the ratifications of this treaty shall be exchanged. Munitions of war shall only be sold to the Japanese Government and foreigners. No ricejor wheat shall be exported from Japan as cargo, but all Amer- 518 TREATIES AND CONVENTIONS. icans resident in Japan, and ships, for their crews and passengers, shall be furnished with sufficient supplies of the same. The Japanese Gov- ernment will sell, from time to time at public auction, any surplus quan- tity of copper that may be produced. Americans residing in Japan shall hare the right to employ Japanese as servants or in any other capacity. Article IV. Duties shall be paid to the Government of Japan on all goods landed in the country, and on all articles of Japanese production that are exported as cargo, according to the tariff hereunto appended. If the Japanese custom-house officers are dissatisfied with the value placed on any goods by the owner, they may place a value thereon, and offer to take the goods at that valuation. If the owner refuses to accept the offer, he shall pay duty on such valuation. If the offer be accepted by the owner, the purchase-money shall be paid to him without delay,, and without any abatement or discount. Supplies for the use of the United States navy may be landed at Kana- gawa, Hakodade, and Nagasaki, and stored in warehouses,. in the custody of an officer of the American Government, without' the payment of any duty. But, if any such supplies are sold in Japan, the purchaser shall pay the proper duty to the Japanese author- ities. The importation of opium is prohibited, and any American vessel coming to Japan for the purposes of trade, having more than (3) three catties' (four pounds avoirdupois) weight of opium on board, such surplus quantity shall be seized and destroyed hy the Japanese authorities. All goods imported into Japan, and which have paid the duty fixed by this treaty, may be transported by the Japanese into any part of the Empire without the payment of any tax, excise, or transit duty whatever. No higher duties shall be paid by Americans on goods imported into Japan than are fixed by this treaty, nor shall any higher duties be paid by Americans than are levied on the same description of goods if im- ported in Japanese vessels, or the vessels of any other nation. Article V. All foreign coin shall be current in Japan and pass for its correspond- Torei oin * n ? we igh* 0I " Japanese coin of the same description. Amer- icans and Japanese may freely use foreign or Japanese coin, in making payments to each other. As some time will elapse before the Japanese will be acquainted with the value of foreign coin, the Japanese Government will, for the period of one year after the opening of each harbour, furnish the Americans with Japanese coin, in exchange for theirs, equal weights being given and no discount taken for recoinage. Coins of all description (with the exception of Japanese copper coin) may be exported from Japan, and foreign gold and silver uncoined. Article VI. Americans committing offences against Japanese shall be tried in juri,dictk» ov CT American consular courts, and when guilty shall be pun- "*""•"■ ished according to American law. Japanese committing JAPAN, 1858. 519 offences against Americans shall be tried by the Japanese authorities and punished according to Japanese law. The consular courts shall be open to Japanese creditors, to enable them to recover their just claims against American citizens, and the Japanese courts shall in like manner be open to American citizens for the recovery of their just claims against Japanese. All claims for forfeitures or penalties for violations of this treaty, or of the articles regulating trade which are appended here- unto, shall be sued for in the consular courts, and all recov- peSE?M U hSer'tw. eries shall be delivered to the Japanese authorities. Neither the American or Japanese Governments are to be held respon- sible for the payment of any debts contracted by their respective citizens or subjects. v Article VII. In the opened harbours of Japan, Americans shall be free LimitB of opened . to go where they please within the following limits : ■ ''"'""'■■ At Kanagawa, the Eiver Logo, (which empties into the Bay of Yedo, between Kawasaki and Sinagawa,) and (10) ten ri in any other direc- tion. At Hakodade, (10) ten ri in any direction. At Hiogo, (10) ten ri in any direction, that of Kioto excepted, which city shall not be approached nearer than (10) ten ri. The crews of ves- sels resorting to Hiogo shall not cross the River Enagawa, which* empties into the bay between Hiogo and Osaca. The ' distances shall be measured inland from the Goyoso, or town hall, of each of the fore- going harbours, the ri being equal to (4,275) four thousand two hun- dred and seventy-five yards, American measure. At Nagasaki, Americans may go into any part of the imperial domain in its vicinity. The boundaries of Nee-e-gata, or the place LoB8 orator pet- that may be substituted for it, shall be settled by theAmer- ma, " mt re » ide ° ce - ican Diplomatic Agent and the Government of Japan. Americans who have been convicted of felony, or twice convicted of misdemeanours, shall not go more than (1) one Japanese ri inland from the places of their respective residences ; and all persons so convicted shall lose their right of permanent residence in Japan, and the Japanese authorities may require them to leave the country. A reasonable time shall be allowed to all such persons to settle their affairs, and the American consular authority shall, after an examination into the circumstances of each case, determine the time to be allowed, but such time shall not in any case exceed one year, to be calculated from the time the person shall be free to attend to his affairs. Article VIII. * Americans in Japan shall be allowed the free exercise of their reli- gion, and for this purpose shall have the right to erect suit- ■ Keljgimis [rKdom able places of worship. No injury shall be done to such buildings, nor any insult be offered to the religious worship of the Amer- icans. American citizens shall not injure any Japanese temple or mia, or offer any insult or injury to Japanese religious ceremonies, or to the objects of their worship. The Americans and Japanese shall not do anything that may be cal- culated to excite religious animosity. The Government of Japan has already abolished the practice of trampling on religious emblems. 520 TREATIES AND CONVENTIONS. Article IX. When requested by the American-Consul, the Japanese authorities will cause the arrest of all deserters and fugitives from jus- Deserter,. tic ^ receive j a j ail a u p ersons held as prisoners by the Con- sul, and give to the Consul such assistance as may be required to enable him to enforce the observance of the laws by the Americans who are on land, and to maintain order among the shipping. For all such services, and for the support of prisoners kept in confinement, theConsul shall in all cases pay a just compensation. Article X. The Japanese Government may purchase or construct, in the United States, ships of war, steamers, merchant-ships, whale-ships, cannon, munitions of war, and arms of all kinds, and any other things it may require. It shall have the right to engage, in the United States, scientific, naval, and military men, artisans of all kinds, and mariners to enter into its service. All purchases made for theGov- ernment of Japan may be exported from the United States, and all per- sons engaged for its - service may freely depart from the United States : Provided, That no articles that are contraband of war shall be exported, nor any persons engaged to act in a naval or military capacity, while Japan shall be at war with any power in amity with the United States. Article XI. The articles for the regulation of trade, which are appended to this Reflation. at- treaty, shall be considered as forming a part of the same, P e»ded. . an( j s jj a j] b e e q ua iiy binding on both the contracting par- ties to this treaty, and on their citizens and subjects. Article XII. Such of the provisions of the treaty made by Commodore Perry, and Treaty or March signed at Kanagawa, on the 31st of March, 1854, as conflict 3i,i854. with the provisions of this treaty are hereby revoked ; and as all the provisions of a convention executed by the Consul General pf the United States and the Governors of Simoda, on the 17th of June, 1857, are incorporated in this treaty, that convention is also revoked. The person charged with the diplomatic relations of the United States in Japan, in conjunction with such person or persons as may be ap- pointed for that purpose by the Japanese Government, shall have power to make snch rules and regulations as may be required to carry into full and complete Effect the provisions of this treaty, and the provisions of the articles regulating trade appended thereunto. Article XIII. After the (4th of July, 1872) fourth day of July, one thousand eight Termination of hundred and seventy-two, upon the "desire of either the treaty. American or Japanese Governments, and on one year's no- tice given by either party, this treaty, and such portions of the treaty of Kanagawa as remain unrevoked by this treaty, together with the regulations of trade hereunto annexed, or those that may be hereafter introduced, shall be subject to revision by commissioners appointed on JAPAN, 1858. 521 both sides for this purpose, who will be empowered to decide on, and insert therein, such amendments as experience shall prove to be de- sirable. Article XIV. This treaty shall go into effect on the (4th of July, 1859)' fourth day of July, in the year of our Lord one thousand eight hundred Treaty t0 take and fifty-nine, on or before which day the ratifications of tcu.- mander shall exhibit to the Japane.se custom-house authori- «» m - 1 "' Ma ties the receipt of the American Consul, showing that he has deposited the ship's register and other papers, as required by the laws of the United States, at the American consulate, and he shall then make an entry of his ship, by giving a written paper, stating the name of the ship and the name of the port from which she comes, her tonnage, the name of her captain or commander, the names of her passengers, (if any,) and the number of her crew, which paper shall be certified by the captain or commander to be a true statement, and shall be signed by him. He shall at the same time deposit a written manifest of his cargo, setting forth the marks and numbers of the packages and their contents, as they are described in his bills of lading, with the names of the person or persons to whom they are consigned. A list of the stores of the ship shall be added to the manifest. The captain or commander shall certify the manifest to be a true account of all the cargo and stores on board the ship, and shall sign his name to the same. If any error is diseov-, ered in the manifest, it may be corrected within (24) twenty-four hours (Sundays excepted) without the payment of any fee; but for any alter- 522 TREATIES AND CONVENTIONS. v ation or post entry to the manifest made after tbat time a fee of (15) fif- teen dollars shall be paid. All goods not entered on the manifest shall pay double duties on being landed. Any captain or commander that shall neglect to enter his vessel at the Japanese custom-house within the time prescribed by this regulation shall pay a penalty of (60) sixty "dollars for each day that he shall so neglect to enter his ship. REGULATION SECOND. The Japanese Government shall have the right to place custom-house officers on board of any ship in their ports, (men-of-war excepted.) All custom-house officers shall be treated with civility, and such reasonable accommodation shall be allotted to them as the ship affords. No goods shall be unladen from any ship between the hours of sunset Unlading of goods. , . t i . * i •• x* j.t_ j. t and sunrise, except by special permission of the custom-house authorities, and the hatches, and all other places of entrance into that part of the ship where the cargo is stowed, may be secured by Japanese officers, between the hours of sunset and sunrise, by affixing seals, locks, or other fastenings ; and if any person shall, without due permission, open any entrance that has been so secured, or shall break or remove any seal, lock, or other fastening that has been affixed by the Japanese custom-house officers, every person so offending shall pay a fine of (60) sixty dollars for each offence. Any goods that shall be discharged or attempted to be discharged from any ship without having been duly entered at the Japanese custom-house, as hereinafter provided, shall be liable to seizure and confiscation. Packages of goods made up with an attempt to defraud the revenue Avenue r ^ of Japan, by concealing therein articles of value which are not set forth in the invoice, shall be forfeited. American ships that shall smuggle, or attempt to smuggle, goods in any of the non-opened harbours of J apan, all such goods shall be forfeited to the Japanese Government, and the ship shall pay a fine of (1,000) one thousand dollars for each offence. Vessels needing repairs may land their cargo for that purpose without the payment of duty. All goods so landed shall remain in charge of the Japanese authorities, and all just charges for storage, labor, and «super vision shall be paid thereon. But if any portion of such cargo be sold, the regular duties shall be paid on the portion so disposed of. (Jargo may be transhipped to another ves- sel in the same harbour without the payment of duty; but all tranship- ments shall be made under the supervision of Japanese officers, and after satisfactory proof has been given to the customhouse authorities of the bona fide nature of the transaction, and also under a permit to be granted for that purpose by such authorities. The importation of opium being prohibited, if any person or persons shall smuggle, or attempt to smuggle, any opium, he or they shall pay a fine of (15) fifteen dollars for each catty of opium so smuggled or attempted to be smuggled; and if more than one person shall be engaged in the offence, they shall col- lectively be held responsible for the payment of the foregoing penalty. REGULATION THIRD. The owner or consignee of any goods, who desires to land them, shall make an entry of the same at the Japanese custom-house. The entry shall be in writing, and shall set forth the name of the person making the entry, and the name of the ship in which the goods were imported, and the marks, numbers, packages, and the contents JAPAN, 1858. 523 thereof, with the value of each package extended separately in one amount, and at the bottom of the entry shall be placed the aggregate value of all the goods contained in the entry. On each entry the owner or consignee shall certify, in. writing, that the entry then presented ex- hibits the actual cost of the goods, and that nothing has been concealed whereby the customs of Japan would be defrauded; and the owner or consignee shall sign his name to such certificate. The original invoice or invoices of the goods so entered shall be pre- sented to the custom-house authorities, and shall remain in their posses- sion until they have examined the goods contained in the entry. The Japanese officers may examine any or all the packages so en- tered,, and for this purpose may take them to the custom-house, but such examination shall be without expense to the importer or injury to the goods; and after examination the Japanese shall restore the goods to their original condition in the packages, (so far as may be practica- ble,) and such examination shall be made without any unreasonable delay. If any owner or importer discovers that his goods have been dam- aged on the voyage of importation, before such goods have been deliv- ered to him, he may notify the custom-house authorities of such dam- , age; and he may have the damaged goods appraised by two or more competent and disinterested persons, who, after due examination, shall' make a certificate setting forth the amount per cent, of damage on each separate package, describing it by its mark and number, which certifi- cates shall be signed by the appraisers, in presence of the custom-house authorities, and the importer may attach the certificate to his entry, and make a corresponding deduction from it. But this shall not prevent the custom-house authorities from appraising the goods in the manner pro- vided in article fourth of the treaty, to which these regulations are ap- pended. After the duties have been paid, the owner shall receive a permit authorizing the delivery to him of the goods, whether the same are at the custom-house or on shipboard. All goods intended to be exported shall be entered at the Japanese custom-house before they are placed on ship-board. The entry shall be in writing, and shall state the name of the ship by which the goods are to be exported, with the marks and numbers of the packages, and the quantity, description, and value of their contents. The exporter shall certify, in writing,, that the entry is a true account of all the goods contained therein, and shall sign his name thereto. Any goods that are put on board of a ship for, exporta- tion before they have been entered at the custom-house, and all pack- ages which contain prohibited articles, shall be forfeited to the Japan- ese Government. No entry at the custom-house shall be required for supplies for the use of ships, their crews, and passengers, nor for the clothing, etc., of pas- sengers. ' REGULATION FOURTH. Ships wishing to clear shall give (24) twenty-four hours' notice at the custom-house,' and at the end of that time they shall be en- clearance titled to their clearance; but, if it be refused, the custom- house authorities shall immediately inform the captain or consignee of the ship of the reasons why the clearance is refused, and they shall also give the same notice to the American Consul. Ships of war of the United States shall not be required to enter or clear at the custom-house, nor shall they be visited by Japanese cus- ,524 TREATIES AND CONVENTIONS. tom-house or police-officers. Steamers carrying the mails of the United States may enter and clear on the same day, and they shall not he re- quired to make a manifest, except for such passengers and goods as are to be landed in Japan. But such steamers shall, in all cases, enter and clear at the custom-house. Whale- ships touching for supplies, or ships in distress, shall not be required to make a manifest of their cargo ; but if they subsequently wish to trade, they shall then deposit a manifest, as required in regula- tion first. The word ship, wherever it occurs in these regulations, or in the treaty to which they are attached, is to be held as meaning ship, barque, brig, schooner, sloop, or steamer. REGULATION FIFTH. Any person signing a false declaration or certificate, with the intent to defraud the revenue of Japan, shall pay a fine of (125) Reve„„e frauds. me hundred and twenty-five dollars for each offence. REGULATION SIXTH. No tonnage duties shall be levied on American ships in the ports of Japan, but the following fees shall be paid to the Japanese To™a g e d»,ie.. cnBtom . hou8e authorities : For the entry of a ship, (15) fif- teen dollars; for the clearance of a ship, (7) seven dollars; for each permit, (1£) one dollar and a half; for each bill of health, (1£) one dollar and a half; for any other document, (1J) one dollar and a half. REGULATION SEVENTH. Duties shall be paid to the Japanese Government on all goods landed in the country, according to the following tariff: Class one. — All articles in this class shall be free of duty. Gold and silver, coined or uncoined. Wearing apparel in actual use. , Household furniture and printed books not intended for sale, but the property of persons who come to reside in Japan. Class two. — A duty of (5) five per cent, shall be paid on the following articles : All articles used for the purpose of building, rigging, repairing, or fitting out of ships. Whaling gear of all kinds. Salted provisions of all kinds. Bread and breadstuff's. Living animals of all kinds. Coals. Timber for building houses. Rice. Paddy. Steam machinery. .Zinc. Lead. Tin. Raw silk. Class three. — A duty of (35) thirty-five per cent, shall be paid on all JAPAN, 1864. 525 intoxicating liquors, whether prepared by distillation, fermentation, or in any other manner. Glass four. — All goods not included in any of the preceding classes shall pay a duty of (20) twenty per cent. All articles of Japanese production which are exported as cargo shall pay a duty of. (5) five per cent., with the exception of gold and sil- ver coin and copper in bars. (5) Five years after the opening of Kana- gawa the import and export duties shall be subject to revision, if the Japanese Government desires it. TOWNSEND HARRIS, [l. g.] JAPAN, 1864. CONVENTION BETWEEN THE UNITED STATES AND THE EMPIRE OF JAPAN. CONCLUDED AT YEDO, JANUARY 28, 1864; PROCLAIMED APRIL 9, 1866. For the purpose of encouraging and facilitating the commerce of the citizens* of the United States in Japan, and after due deliberation, His Excellency Robert H. Pruyn, Minister Resident of the United States in Japan, and His Excellency Sibata Sadataro, Governor for Foreign Affairs, both having full powers from their respective Governments, have agreed on the following arti- cles, viz : . Article I. The following articles, used in the preparation and packing of teas, shall be free of duty : Sheet lead, solder, matting, rattan, oil for painting, indigo, gipsum, firing pans, and baskets. Article II. The following articles shall be admitted at the reduced duty of five per cent. : Machines and machinery; drugs and medicines. Note. — The pro- hibition of the importation of opium, according to the existing treaty, remains in full force. Iron, in pigs or bars ; sheet iron and iron wire ; tin plates, white sugar, in loaves or crushed ; glass and glassware ; clocks, watches, and watch chains ; wines, malted and spirituous liquors. Article III. The citizens of the United States, importing or exporting goods, shall always pay the duty fixed thereon, whether such goods are intended for their own use or not. Article IV. This convention having been agreed upon a year ago, and its signa- ture delayed through unavoidable circumstances, it is hereby agreed that the same shall go into effect, at Kanagawa, on the 8th of February next, corresponding to the first day of the first month of the fourth Jap- anese year of Bunkin Ne, and at Nagasaki and Hakodate on the 9th day of March next, corresponding to the first day of the second month of the fourth Japanese year of Bunkin Ne. 526 TREATIES AND CONVENTIONS. Done in quadruplicate ;' each copy being written in the English, Jap- anese, and Dutch languages ; all the versions having the same meaning, but the Dutch version shall be considered as the original. * In witness whereof the above-named Plenipotentiaries bav« hereunto set their hands and seals, at the city of Yedo, the 28th day of January, of the year of our Lord one thousand eight hundred and sixty-four, and of the Independence of the United States the eighty-eighth, corre- sponding to the twentieth day of the twelfth month of the third year of Bunkin Te of the Japanese era. [seal.] BOBERT H. PKUYN. JAPAN, 1864. i CONVENTION BETWEEN THE UNITED STATES AND THE EMPIRE OP JAPAN. CONCLUDED OCTOBER 22, 1864; PROCLAIMED APRIL 9, 1866. The representatives of the United States of America, Great Britain, Prance, and the Netherlands, in view of the hostile acts of A.noontor.dama,,™. jyj-^ jjajaen, Prince of Nagato and Snwo, which were as- suming such formidable proportions as to make it difficult for the Ty- coon faithfully to observe the treaties, having been obliged to send their combined forces to the Straits of Simonoseki in order to destroy the bat- teries erected by that Daiinio for the destruction of foreign vessels and the stoppage of trade; and the Government of the Tycoon, on whom deyolved the duty of chastising this rebellious Prince, being held re- sponsible for any damage resulting to the interests of the treaty Powers, as well as the expenses occasioned by the expedition : The undersigned, representatives of treaty Powers, and Sakai Hida no Kami, a member of his second council, invested with plenipotentiary powers by the Tycoon of Japan, animated with the desire to put an end to all reclamations concerning the acts of aggression and hostility com- mitted by the said Mori Daizen since the first of these acts, in June, 1863, against the flags of divers treaty Powers, and at the same time to regulate definitively the question of indemnities of war, of whatever kind, in respect to the allied expedition to Simonoseki, have agreed and de- termined upon the four articles following: 1. The amount payable to the four Powers is fixed at three millions of dollars. This sum to include all claims, of whatever nature, for past aggressions on the part of Nagato, whether indemnities, ransom for Simonoseki, or expenses entailed by the operations of the allied squad- rons. 2. The whole sum to be payable quarterly, in instalments of one-sixth, or half a million dollars, to begin from the date when the representatives of said Powers shall make known to the Ty- coon's Government the ratification of this convention and the instruc- tions of their respective Governments. 3. Inasmuch as the receipt, of money has never been the object of the said Powers, but the establishment of better relations with Japan, and the desire to place these on a more satisfactory and mutually advan- tageous footing is still the leading object in view, therefore, if His Majesty the Tycoon wishes to otter, in lieu of payment of the sum claimed, and as a material compensation for loss and injury sustained, the openingof Simonoseki, or some other eligible port in the inland sea, it shall be at the option of the said foreign Governments to accept the same, 4 527 or insist on the payment of the indemnity in money, under the con- ditions above stipulated. 4. This convention to be formally ratified by the Tycoon's Govern- ment within fifteen days from the date thereof. In token of which the respective Plenipotentiaries have signed and sealed this convention, iu' quintuplicate, with English, Dutch, and Japanese versions, whereof the English shall be considered the original'. Done at Yokohama, this 22d day of October, 1864, corresponding to the 22d day of the 9th month of the first year of Gengi. EOBEET H. PRUYN, ' Minister Resident of the United States in Japan. EUTHEEFOED ALCOCK, S. B. 3f.'s Envoy Extraordinary and Minister Plenipotentiary in Japan. LEON ROCHES, Ministre PlSnip're de S. M. VEmpereur des Frangais au Japon. D. DE GEAEFF VAN POLSBROEK, JET. N. MSs Consul General and Political Agent in Japan. (Signature of Sakai Hida no Kami.) LEW CHEW LEW CHEW, 1854. COMPACT WITH LEW CHEW. CONCLUDED JULY 11, 1854 ; PROCLAIMED MARCH 9, 1855. Hereafter, whenever citizens of the United States come to Lew Chew, Trade aiio^d at they shall be treated with great courtesy and friendship. Lew chew. Whatever articles these people ask for, Whether from the officers or people, which the country can furnish, shall be sold to them ; noi? shall the authorities interpose any prohibitory regulations to the ■ people selling, and whatever either party may wish to buy shall be ex- changed at reasonable prices. Whenever ships of the United States shall come into any harbor in Lew Chew, they shall be supplied with wood and water at reasonable prices ; but if they wish to get other articles, they shall be purchasable only at Napa. If ships of the United States are wrecked on Great Lew Chew, or on islands under the jurisdiction of the royal Government of Lew Chew, the local authorities shall dispatch persons to assist in saving life and property, and preserve what can be brought ashore till the ships of that nation shall come to take away all that may hare been saved; and the expenses incurred in rescuing these un- fortunate persons shall be refunded by the nation they belong to. Whenever persons from ships of the United States come ashore in co„.H>et ,,r Amen- Lew Chew, they shall be at liberty to ramble where they can, who land. please without hindrance or having officials sent to follow them; or to spy what they do; but if they violently go into houses, or- trifle with women, or force people to sell them things, or do other such like illegal acts, they shall be arrested by the local officers, but not mal- treated, and shall be reported to the captain qt" the ship to which they belong for punishment by him. At Tumai is a burial-ground for .the citizens of the United States, . where their graves and tombs shall not be molested. The Government of Lew Chew shall appoint skillful pilots, who shall be on the lookout for ships appearing off the island, and if one is seen coming towards Napa, they shall go out in good boats beyond the reefs to conduct her into a secure anchorage, for' which service the captain shall pay the pilot five dollars, and the same for going out of the harbor beyond the reefs. Whenever ships anchor at Napa, the officers shall furnish them with wood at the rate of three thousand six hundred copper cash per thou- sand catties ; and with water at the rate of 600 copper cash (43 cents), for one thousand catties, or six barrels full, each containing 30 American gallons. Signed in the English and Chinese languages, by Commodore Mat- thew C. Perry, commander-in-chief of the U. S. naval forces in the East India, China, and Japan Seas, and special envoy to Japan for the United States ; and by Sho Fu fing, superintendent of affairs (Tsu- li-kwan) in Lew Chew ; and Ba Eio-si, treasurer of Lew Chew, at Shni,. for the Government of Lew Chew, and copies exchanged this 11th day of July, 1854, or the reign Hien fung, 4th year, 6th moon, 17th day, at the Town Hall of Napa. M. C. PEEEY. LIBERIA LIBERIA, 1862. TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF LIBERIA. CONCLUDED AT LON- DON, OCTOBER 21, 1862; RATIFICATIONS EXCHANGED FEBRUARY 17, 1863 ; PROCLAIMED JMARCH 18, 1863. The United States of America and the Republic of Liberia, desiring to fix, in a permanent and equitable manner, the rules to be i_ -i ■ 1 1 * j i ,-m i-i Contracting parties. observed in the intercourse and commerce they desire to establish between their respective countries, have agreed, for this pur- pose, to conclude a treaty of commerce and navigation, and have judged that the said end cannot be better obtained than by taking the most perfect equality and reciprocity for the basis of their agreement ; and to effect this, they have named as their respective plenipotentiaries, that is to say : The President of the United States of America, Charles Francis Adams, Envoy Extraordinary and Minister Plenipotentiary of the United States of America at the Court of St. James ; and the Republic of Liberia, His Excellency Stephen Allen Benson, President thereof; Who, after having communicated to each other their respective full powers,. found in good and due form, have agreed upon the following articles : ARTICLE I. There shall be perpetual peace and friendship between the United States of America and the Republic of Liberia, and also between the eitizens of both countries. Article II. There shall bo reciprocal freedom of commerce between the United States of America and the Republic of Liberia. The citizens ^w^i freedom of the United States of America may reside in and trade to ofi: »°"» orce - any part of the territories of the Republic of Liberia to which any other foreigners are or shall be admitted. They shall enjoy full protection' for their persons and properties; they shall be allowed to buy from and to sell to whom they like, without being restrained or prejudiced by any monopoly, contract, or exclusive privilege of sale or purchase whatever ; and' they shall, moreover, enjoy all other rights and privileges which are or may be granted to any other foreigners, subjects, or citizens of the most favored nation. The citizens of the Republic of Liberia shall, in return, enjoy similar protection and privileges iu the United States of America and in their territories. Article III. No tonnage, import, or other duties or charges shall be levied in the Republic of Liberia on United States vessels, or on goods imported or exported in United States vessels, beyond what are or may be levied on national vessels, or on the like goods imported 530 TREATIES AND CONVENTIONS. or exported in national vessels ; and in like manner no tonnage, import, or other duties or charges shall be levied in the United States of America and their territories on the vessels of the Republic of Liberia, or on goods imported or exported in those vessels, beyond what are or may be levied on national vessels, or on the like goods imported or exported in national vessels. Article IV. Merchandise or goods coming from the United States of America in any vessels, or imported in United States vessels from any country, shall not be prohibited by the Republic of Liberia, nor be subject to higher duties than are levied on the same kinds of merchandise or goods com- ing from any other foreign country or imported in any other foreign vessels. All articles the produce of the Republic of Liberia may be ex- ported therefrom by citizens of the United States and United States vessels on as favorable terms as by the citizens and vessels of any other foreign country. In like manner all merchandise or goods coming from the Republic of Liberia in any vessels, or imported in Liberian vessels from any ' country, shall not be prohibited by the United States of America, nor be subject to higher duties than are levied on the same kinds of mer- chandise or goods coming from any other foreign country or imported in any other foreign vessels. All articles the produce of the United States, or of their territories, may be imported therefrom by Liberian citizens and Liberian vessels on as favorable terms as by the citizens, and vessels of any other foreign country. Article V. When any vessel of either of the contracting parties shall be wrecked, foundered, or otherwise damaged on the coasts or within the territories of the other, the respective citizens shall receive the greatest possible aid, as well for themselves as for their vessels and effects. All possible aid shall be given to protect their property from being plundered and their persons from ill treatment. Should a dispute arise as to the salvage, it shall be settled by arbitration, to be chosen by the parties respectively. Article VI. It being the intention of the two contracting parties to bind them- selves by the present treaty to treat each other on the footing of the most favored nation, it is hereby agreed between them that any favor, privilege, or immunity whatever in matters of commerce and naviga- tion, which either contracting party has actually granted, or may here- after grant, to the subjects or citizens of any other State, shall he extended to the citizens of the other contracting party, gratuitously, if the concession in favor of that other State shall have been gratuitous, or in return for a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional. Article VII. Each contracting party may appoint consuls for the protection of trade, to reside in the dominions of the other; but no such consul shall enter upon the exercise of his functions until he shall have been approved and admitted, in the usual form, by the Gov- ernment of the country to which he is sent. LIBERIA, 1862. 531 Article VIII. The United States Government engages never to interfere, unless solicited by the Government of Liberia, in the affairs between the ab- original inhabitants and the Government of the Republic of Liberia, in the jurisdiction and territories of the Eepublic. Should any United States citizen suffer loss, in person or property, from violence by the aboriginal inhabitants, and the Government of the Republic of Liberia should not be able to bring the aggressor to justice, the United States Government engages, a requisition having been first made therefor by the Liberian Government, to lend such aid as may be required. Citizens of the United States residing in the territories of the Republic of Liberia are desired to abstain from all such intercourse with the ab- original inhabitants as will tend to the violation of law and a disturb- ance of the peace of the country. Article IX. , The present treaty shall be ratified, and the ratifications exchanged at London, within the space of nine months from the date in Ratifications. hereof. In testimony whereof the Plenipotentiaries before mentioned have hereto subscribed their names and affixed their seals. Done at London the twenty-first day of October, in the year one thousand eight hundred and sixty-two. CHARLES FRANCIS ADAMS. STEPHEN ALLEN BENSON. seal. SEAL. MADAGASCAR MADAGASCAB, 1867. TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE QUEEN OF MADAGASCAR. CONCLUDED FEBRUARY 14, 1867 ; RATIFICATIONS EX- CHANGED JULY 8, 1868 ; PROCLAIMED OCTOBER 1, 1868. Treaty between the Government of the United States of America and of Her Majesty the Queen of Madagascar. Between Bainimaharavo, Chief Secretary of State, 16 vtra., Andriant- sitohaina, 16 vtra., Bafaralahibemalo, head of the civilians,. contractor.*, on the part of the Government of Her Majesty the Queen of Madagascar, and Major John P. Finkelmeier, the Commercial Agent of the U. S. for Madagascar, on the part of the Government of the TJ. S. of America, all duly authorized to that effect by their respective Govern- ments, the following articles of a comercial treaty have this day been drawn up and signed by mutual agreement : I. Her Majesty Easoherina Manjaka, Queen of Madagascar, and his peace and friend- Excellency Andrew Johnson, President of the U. S. of sh,p - America, both desirous, for the good and welfare of their respective countries, to enter into a more close comercial relation and friendship between the subjects of Her Majesty and the people of the U. S., hereby solemnly declare that peace and good friendship shall exist between them and their respective heirs and successors forever without war. II- The dominions of each contracting party, as well as the right of domicil of their inhabitants, are sacred; and no forcible Right o omici e. p 0Ssess j 0I1 f territory shall ever take place in either df them by the other party, nor any domiciliary visits or forcible entries be made to the houses of either party against the will of the occupants. But whenever it is known for certain, or suspected, that transgressors against the laws of the Kingdom are in certain premises, they may be entered in concert with the U. S. Consul, or, in his absence, by a duly author- ized officer, to look after the offender. The right of sovereignty shall in all cases be respected in the doinin- R -ouBwmi * ons °* one Government by * ae subjects or citizens of the "*'*' other. Citizens of the TJ. S. of America shall, while in Madagascar, enjoy the privilege of free and unmolested exercise of the Christian religion and its customs ; new places of worship, however, shall not be builded by them without the permission of the Government. They shall enjoy full and complete protection and security for them- Rieht. or person, selves and their property, equally with the subjects of Mada- andrroperty. gascar ; the right to lease or rent land, houses, or store- MADAGASCAR, 1867. 533 houses for a term of months or years mutually agreed upon between the owners and American citizens ; build houses and magazines on land leased by them, in accordance with the laws of Madagascar for buildings ; hire labourers, not soldiers, and if slaves, not without permission of their masters. Should the Queen, however, require the services of such labourers, or if they should de'sire, on their own account, to leave, they shall be at liberty to do so, and be paid up to the time of leaving, on giving pre- vious notice. Contracts for renting or leasing land or houses or hiring labourers may be executed by deeds signed before the U. S. Consul and the local authorities. They also shall be permitted to trade or pass with their mercbandise through all parts of Madagascar which are under the controle of a Governor, duly appointed by Her Majesty, with the exception of Ambohimauga, Ambohima- nambola, and Amparafaravato, which places foreigners are not permitted to enter, and, in fact, be entitled to all piivileges of co- merce granted to other favoured nations. The subjects of Her Majesty the Queen of Madagascar shall enjoy the same privileges in the U. S. of America. III. Comerce between the people of America and Madagascar shall be perfectly free, with all the privileges under which the most Tari(r . favoured nations are now or may hereafter be trading. Citi- zens of America shall, however, pay a duty, not exceeding ten per cent, on both exports and imports in Madagascar, to be regulated by a tariff mutually agreed upon, with the following exceptions : Munition of war, to be imported only by the Queen of Madagascar into her dominions, or by her order. Prohibited from export by the laws of Madagascar are muni- tion of war, timber, and cows. No other duties, such as tonnage, pilot- age, quarantine, light-house dues, shall be imposed in ports of either country on the vessels of the other to which national vessels or vessels of the most favoured nations shall not equally be liable. Ports of Madagascar, where there is no military station under the con- trole of a Governor, must not be entered by U . S. vessels. Ports . IV. Each contracting party may appoint consuls, to reside in the domin- ions of each other, who shall enjoy all privileges granted to consuls of the most favoured nations, to be witness of the c °° 8 " 18 ' . good relationship existing between both nations and to regulate and protect commerce. v. Citizens of the U. S. who enter Madagascar, and subjects of Her Majesty the Queen of Madagascar, while sojourning in A . ° ^ , . ,,,, t ° „ , ' i -, J ■ Rights of citizens. America, are subject to the laws of trade and comerce in the respective .countries. In regard to civil rights, however, whether of person or property, of American citizens, or in cases of criminal offences, they shall be under the exclusive civil and criminal jurisdiction of their own consul only, duly invested with the necessary powers. But should any American citizen be guilty of a serious criminal offence against the laws of Madagascar, he shall be liable to banishment from the country. 534 TREATIES AND CONVENTIONS. All disputes and differences arising within the dominions of Her Majesty between citizens of the U. S. and subjects of Mada- Bi» P ute S . gascar shall be decided before the U S. Consul and an officer duly authorized by Her Majesty's Government, who shall afford mutual assistance and every facility to each otherin recovering debts. VI. No American vessel shall have communication with the shore before receiving pratique from the local authorities of Madagas- car, nor shall any subject of Her Majesty the Queen be permitted to embark on board an American vessel without a passport from Her Majesty's Government. In cases of mutiny or desertion, the local authorities shall, on appli- et cation, render all necessary assistance to the American Con- sul to bring back the deserters and to re-establish discipline, if possible, among the crew of a merchant-vessel. VII. In case of a shipwreck of an American vessel on the coast of Mada- gascar, or if any such vessel should be attaked or plun- dered in the waters of Madagascar adjacent to any military station, Her Majesty engages to order the Governor to grant every as- sistance in his power to secure the property and to restore it to the owner or to the U. S. Consul, if this be not impossible. VIII. The above articles of treaty, made in good faith, shall be submitted to both the Government of the U. 8. of America and Her Majesty the Queen of Madagascar for ratification, and such ratifications be exchanged within six months from date of ratifica- tion, at Antananarivo. Should it, at any future time, seem desirable, in the interest of either of the contracting parties, to alter or add to the present treaty, such alterations or additions shall be effected with the consent of both parties. Duplicate originals of this treaty, with corresponding text in the Eng- lish and Malagasy languages, which shall be both of equal authority, have been signed and sealed at Antananarivo this day. SUPLEMENTARY ARTICLE TO § II. t P. S. — Should there be any business of the Queen requiring the serv- suppiementary ar- ices of such labourers, they shall be permitted to leave with- ticle out giving previous notice. The sentence in Article II, stat- ing that previous notice must be given, refers only to labourers leaving on their own account. J. P. PINKELMEIEE, U. 8. G. A. [SEAL. RAIKIMAHARAVO, [SEAL.; Chief Secretary of State, 16 vtra. ANDRIANTSITOHAINA, 16 vtra. RAFARALAH1BEMALO, Loholona Chibe amy ny Brz. Antananarivo, ±la „ ds in the Sa . belong to the United States of America; but the use of the bine ' &c - waters and the navigation of the Sabine to the sea, and of the said rivers Roxo and Arkansas, throughout the extent of the said boundary on their respective banks, shall be common to the respective inhabitants of both nations. ' The two high contracting parties agree to cede and renounce all their rights, claims, and pretensions to the territories described by the said line>; that is to say, the United States hereby cede to His Catholic Majesty, and renounce forever, all their rights, claims, and pretensions to the territories lying west and south of the above-described line; and, in like manner, His Catholic Majesty cedes to the said United States all his rights, claims, and pretensions to any territories east and north of the said line; and, for himself, his heirs, and successors, renounces all claim to the said territories forever. Article III. To 'fix this line with more precision and to place the landmarks which shall designate exactly the limits of both nations, each of the' contracting parties shall appoint a commissioner and a surveyor, who shall meet before the termination of one year from the date of the ratification of this treaty, at Natchitoches, on the Red River, and proceed to run and mark the said line, from the mouth of the Sabine to the Red River, and from the Red River to the river Arkansas, and to ascertain the latitude of the source of the said river Arkansas, in con- formity to what is above agreed upon and stipulated, and the line of latitude forty-two to the South Sea. They shall make out plans and keep journals of their proceedings; ^nd the result agreed upon by them shall be considered as part of this treaty, and shall have the same force as if it were inserted therein. The two Governments will amicably agree respecting the necessary articles to be furnished to those persons, and also as to their respective escorts, should such be deemed necessary. Article IV. The present treaty shall be ratified, and the ratifications shall be exchanged at Washington, within the term of four months, or sooner if possible. h-i**™. In witness whereof we, the respective Plenipotentiaries, have signed . the same and have hereunto affixed our respective seals. Done at Mexico this twelfth day of January, in the year of our Lord one thousand eight hundred and twenty-eight, in the fifty-second year of the Independence, of the United States of America, and in the eighth of that of the United Mexican States. J. R. POINSETT. S. CAMACeO. J. Y. ESTEVA. L. g. L. S. L. S. 544 TREATIES AND CONVENTIONS. ADDITIONAL ARTICLE TO THE TREATY OF LIMITS CONCLUDED BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES ON THE 12TH DAY OF JANUARY, 1828. CONCLUDED APRIL 5, 1831. The time having elapsed which was stipulated for the exchange of Treaty of j^ry ratifications of the treaty of limits between the United u, ma. States of America and the United Mexican States, signed in Mexico on the twelfth day of January, one thousand eight hundred and twenty-eight, and both Republics being desirous that it should be carried into full and complete effect, with all due solemnity, the President of the United States of America has fully emppwered, on his part, Anthony Butler, a citizen thereof, and Charg6 d' Affaires of the said States in Mexico; and the Vice-President of the United Mexican States, acting as President thereof, has, in like manner, fully empowered, on his part, their Excellencies Lucas Alaman, Secretary of State and Foreign Relations, and Rafael Mangino, Secretary of the Treasury; Who, after having exchanged their mutual powers, found to be ample and in form, have agreed, and do hereby agree, on the following article : The ratifications of the treaty of limits concluded on the twelfth of January, one thousand eight hundred and twenty-eight, shall be exchanged at the city of Washington within the term of one year, counting from the date of this agreement, and sooner should it be possible. The present additional article shall have the same force and effect as if it had been inserted, word for word, in the aforesaid treaty of the twelfth of January, one thousand eight hundred and twenty-eight, and shall be approved and ratified in the manner prescribed by the Con- stitutions of the respective States. In faith of which the said Plenipotentiaries have hereunto set their hands and affixed their respective seals. Done in Mexico, the fifth of April of the year one thousand eight hundred and thirty-one, the fifty- fifth of the Independence of the United States of America, and the eleventh of that of the United Mexican States. A. BUTLER. [L. s.] LUGAS ALAMAN. [L. S. t RAFAEL MANGLTTO. [L. B.[ [The operation of this treaty was suspended by war between the parties in 1846-'47, and was revived, with some exceptions, by Article XVII of the treaty of February 2, 1848, post] MEXICO, 1831. A TREATY OF AMITY, COMMERCE, AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES. CONCLUDED APRIL 5, 1831 ; RATIFICATIONS EXCHANGED APRIL 5, 1832 ; PROCLAIMED APRIL 5, 1832. The United States of America and the United Mexican States, desir- ing to establish upon a firm basis the relations of friendship that so happily subsist between the two Republics, have determined to fix in a clear and positive manner the rules which shall in future be religiously observed between both, by means of a treaty of amity, commerce, and navigation. For which important object the President of the United ' MEXICO, 1831. 545 States of America has appointed Anthony Butler, a citizen of the United States and Charge" d'Affaires of the United States of America near the United Mexican States, with fall powers ; aud the Vice-President of the United Mexican States, in the exercise of the executive power, having conferred like full powers on His Excellency Lucas Alaman, Secretary of State for Home and Foreign Affairs, and His Excellency Eafael Mangino, Secretary of the Treasury ; And the aforesaid Plenipotentiaries, after having compared and ex- changed in due form their several powers as aforesaid, have agreed . upon the following articles : Article I. There shall be a firm, inviolable, and universal peace and a true and sincere friendship between the United States of America Pea< , e and frisnd . and the United Mexican States in all the extent of their pos- ship - sessions and territories, and between their people aud citizens respectively, without distinction of persons or places. Article II. The United States of America and the United Mexican States, design- ing to take for the basis of their agreement the most perfect Most bnni „ a . equality and reciprocity, engage mutually not to grant tionB - any particular favor to other nations in respect of commerce and naviga- tion which shall not immediately become common to the other party, who shall' enjoy the same freely, if the concession was freely made, or upon the same conditions, if the concession was conditional. Article III. The citizens of the two countries, respectively, shall have liberty, freely and securely, to come with their vessels and cargoes to all such places, ports, and rivers of the United States of Entry iBt ° por,a - America and of the United Mexican States, to which other foreigners are permitted to come ; to enter into the same, and to remain and reside in any part of the said territories respectively ; also, to hire and occupy houses and warehouses for the purposes of their commerce, and to trade therein in all sorts of produce, manufactures, and merchandise ; and, generally, the merchants aud traders of each nation shall enjoy the most complete protection and security for their commerce. And they shall not pay higher or other duties, imposts, or fees what- soever, than those which the most favored nations are or may be obliged to pay ; and shall enjoy all the rights, privileges, and exemptions, with respect to navigation and commerce, .which the citizens of the most favored nation do or may enjoy ; but subject always to the laws, usages, and statutes of the two countries respectively. The liberty to enter and discharge the vessels of both nations of which this article treats shall not be understood Crast '"« trMe - to authorize the coasting trade, which is permitted to national vessels only. Article IV. No higher or other duties shall be imposed on the importation into the United Mexican States of any article, the produce, growth, or manufacture of the United States of America, than those Du " e8 ' 546 TREATIES AND CONVENTIONS. which the same or like articles, the produce, growth, or manufacture of any other foreign country do now or may hereafter pay ; nor shall art- icles, the produce, growth, or manufacture of the United Mexican States, be subject, on their introduction into the United States of America, to higher or other duties than those which the same or like articles of any other foreign country do now or may hereafter pay. Higher duties shall not be imposed in the respective States on the Export duties and exportation of any article to the States of the other contract- prohibitions. j U g party, than those which are now or may hereafter be paid on the exportation of the like articles to any other foreign country ; nor shall any prohibition be established on the exportation or importation of any article, the produce, growth, or manufacture of the United States of America, or of the United Mexican States, respectively, in either of them, which shall not in like manner be established with respect to other foreign countries. Article V. No higher or other duties or charges on account of tonnage, light or - harbour dues, pilotage, salvage in case of damage or ship- Tonnage duties, &c. , '*-,-. iii ini* -i. wreck, or any other local charges, shall be imposed in any of the ports of Mexico on vessels of the United States of America than those payable in the same ports by Mexican vessels ; nor in the ports of the United States of America on Mexican vessels than shall be payable in the same ports on vessels of the United States of America. Article VI. The same duties shall be paid on the importation into the United Mexican States, of any article, the growth, produce, or • manufacture of the United States of America, whether such importation shall be in Mexican vessels or in vessels of the United States of America ; and the same duties shall be paid. on the importa- tion into the United States of America of any article, the growth, produce, or manufacture of Mexico, whether such importation shall be in vessels of the United States of America or in Mexican vessels. The same duties shall be paid and the same bounties and drawbacks allowed on the exportation to Mexico of any articles, the growth, produce, or manufacture of the United States of America, whether such exporta- tion shall be in Mexican vessels or in vessels of the United States of America, and the same duties shall be paid and the same bounties and drawbacks allowed on the exportation of any articles, the growth, pro- duce, or manufacture of Mexico to the United States of America, whether . such exportation shall be in vessels of the United States of America or in Mexican vessels. Article VII. All merchants, captains, or commanders of vessels, and other citi- Footine or me,, zens of the United States of America, shall have full liberty chants, &c. j n t ne TJmtecl Mexican States to direct or manage themselves their own affairs, or to commit them to the management of whomsoever they may think proper, either as broker, factor, agent, or interpreter ; nor shall they be obliged to employ for the aforesaid purposes any other persons than those employed by Mexicans, nor to pay them higher sal- aries or remuneration than such as are in like cases paid by Mexicans; MEXICO, 1831. 547 and absolute freedom shall be allowed in all cases to the buyer and seller to bargain and fix the prices of any goods, wares, or merchandise imported into, or exported from, the United Mexican States, as they may think proper; observing the laws, usages, and customs of the country. The citizens of Mexico shall enjoy the same privileges in the States and Territories of the United States of America, being subject to the same conditions. Article VIII. The citizens of neither of the contracting parties shall be liable to any embargo ; nor shall their vessels, cargoes, merchandise, * ae j. i it j. * l j? *tj. Vj_' n Embargo, detention. or effects, be detained for any military expedition, nor for any public or private purpose whatsoever, without corresponding com- pensation. Article IX. The citizens of both countries, respectively, shall be exempt from compulsory service in the army or navy ; nor shall they be 0iti „,„, exempted subjected to any other charges, or contributions, or taxes, r™">s«™=. &=• than such as are paid by the citizens of the States in which they reside. Article X. Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports, or dominions of the other with their vessels, whether mer- refugeTtheiSo™ chant or of war, public or private, through stress of weather, pursuit of pirates or enemies, they shall be received and treated with humanity, with the precautions which may be deemed expedient on the part of the respective Governments in order to avoid fraud, giving to them all favor and protection for repairing their vessels, procuring pro- visions, and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind. Article XI. All vessels-, merchandise, or effects, belonging to the citizens of one of the contracting parties, which may be captured by pirates, whether within the limits of its jurisdiction, or on »eS, el '&cT S.v.lrll the high seas, and may be carried into or found in the rivers, by pirates ' bays, ports, or dominions of the other, shall be delivered up to the own- ers, they proving, in due and proper form, their rights before the com- petent tribunal; it being well understood that the claim shall be made within the term of one year, counting from the capture of said vessels or merchandise, by the parties themselves, or their attorneys, or by the agents of the respective Governments. Article XII. When any vessel belonging to the citizens of either of the contract^ ing parties shall be wrecked, foundered, or shall suffer any damage on'the coasts or within the dominions of the other,, there shall be given to it all the assistance and protection in the same manner which is usual and customary with the vessels of the nation . where the damage happens ; permitting them to unload the said vessel, 548 TREATIES AND CONVENTIONS. if necessary, of its merchandise and effects, with the precautions which may be deemed expedient on the part of the respective Governments, in order to avoid fraud, without exacting for it any duty, impost, or con- tribution whatever, until they be exported. Article XIII. Iu whatever relates to the succession of [personal] estates, either by will or ab intestato [and the rights of ] disposal of such prop- erty, of whatever sort or denomination it may be,. by sale, donation, exchange, or testament, or in in any other manner whatsoever, the citizens of the two contracting parties shall enjoy, in their respective States and territories, the same privileges, exemptions, liberties, and rights, as native citizens ; and shall not be charged, in any of these re- spects, with other or higher duties or imposts than those which are now or may hereafter be paid by the citizens of the Power in whose territories they may reside. Article XIV. Both the contracting parties promise and engage to give their special perBo™ aid prop, protection to the persons and property of the citizens of e«y to be protected, each other, of all occupations, who maybe in their terri- tories, subject to the jurisdiction of the one or of the other, transient or dwelling therein ; leaving open and free to them the tribunals of justice for their judicial recourse, on the same terms which are usual and cus- tomary with the natives or citizens of the country in which they may be ; for Avhich they may employ, in defence of their rights, such advocates, solicitors, notaries, agents, and factors, as they may judge proper, in all their trials at law ; and the citizens of either party, or their agents, shall enjoy, in every respect, the same rights and privileges, either in prosecuting or defending their rights of person or of property, as the citizens of the country where the cause may be tried. Article XV". The citizens of the United States of America residing in the United se.tmty a S to re- Mexican States shall enjoy in their houses, persons, and ligi0 °- properties the protection of the Government, with the most perfect security and liberty of conscience ; they shall not be disturbed or molested, in any manner, on account of their religion, so long as they respect the Constitution, the laws, and established usages of the country where they reside ; and they shall also enjoy the privilege of burying the dead iu places which now are, or may hereafter be assigned for that purpose ; nor shall the funerals or sepulchres of the dead be disturbed in any manner, nor under any pretext. The citizens of the United Mexican States shall enjoy, throughout all the States and Territories of the United States of. America, the same protection ; and shall be allowed the free exercise of their religion, in public or in private, either within their own houses, or in the chapels or places of worship set apart for that purpose. Article XVI. It shall be lawful for the citizens of the United States of America and of the United Mexican States, respectively, to sail with »»'.S r w a°d Tom their vessels with all manner of security and liberty, nodis- '""" ' port ' tinction being made who are the owners of the merchandise MEXICO, 1831. 549 laden thereon, from any port to the places of those who now are or may hereafter be at enmity with the United States of America, or with the United Mexican States. It shall likewise be lawful for the aforesaid citizens respectively to sail with their vessels a"nd merchandise, before mentioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only di- rectfy from the places of the enemy, before mentioned, to neutral places, but also from one place belonging to an enemy to another place belong- ing to an enemy, whether they be under the jurisdiction of the same Government or under several ; and itis hereby stipulated that free ships shall also give freedom to goods ; and that everything shall Free ahiP8; rree be deemed free and exempt which shall be found on board ■ 1>0ds and perB ° M - the vessels belonging to the citizens of either of the contracting parties, although the whole lading or any part thereof should appertain to the enemies of either, contraband goods being always excepted. It is also agreed that the same liberty be extended to persons who are on board a free vessel, so that, although they be enemies to either party, they shall not be made prisoners, or taken out of that free vessel, unless they are soldiers, and in the actual service of the enemy j By the stip- ulation that the flag shall cover the property, the two contracting par- ties agree that this shall be so understood with respect to those Powers who recognize this principle ; but if either of the two contract- ing parties shall"be at war with a third party, and the other neutral, the flag of the neutral shall cover the property of enemies whose Gov- ernments acknowledge this principle, and not of others. Article XVII. It is likewise agreed that in the case where the neutral flag of one of the contracting parties shall protect the property of the enemies of the other, by virtue of the above stipulation, it pSS T.™?. shall always be understood that the neutral property found pr ° P on board such enemies' vessels shall be held and considered as enemies' property, and as such shall be liable to detention and confiscation, ex- cept such property as was put on board such vessel before the declara- tion of war, or even afterwards, if it were done without the knowledge of it ; but the contracting parties agree that four months having elapsed after the declaration, their citizens shall not plead ignorance thereof; on the contrary, if the flag of the neutral does not protect the enemy's property, in that case the goods and merchandises embarked in such enemy's vessel shall be free. Article XVIII. This liberty of commerce and navigation shall extend to all kinds of merchandise, excepting those only which are distinguished contraband by the name of contraband ; and under this name of contra- band or prohibited goods shall be comprehended : first, cannons, mor- tars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberts, and granades, bombs, powder, matches, balls, and all other things belonging to the use of these arms ; secondly, bucklers, helmets, breast-plates, coats of mail, infantry belts, and clothes made up in a military form, and for a military use ; thirdly, cavalry belts and horses with their furniture ; fourthly, and generally, all kinds of arms, and instruments of iron, steel, 550 TREATIES AND CONVENTIONS. brass, and copper, or of any other materials, manufactured, prepared, and formed expressly to make war by sea or land. Article XIX. All other merchandise and things'not comprehended in the articles of contraband expressly enumerated and classified as above, 1 shall be held and considered as free and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by both the contracting parties, even to places belonging to an enemy, excepting only those places which are at that time be- sieged or blockaded; and to avoid all doubt in that particular, it is de- clared that those places only are besieged or blockaded which are act- ually besieged or blockaded by a belligerent force capable of prevent- ing the entry of the neutral. Article XX. The articles of contraband before enumerated and classified, which contraband liable m &J b e found in a vessel bound for an enemy's port, shall to confiscation. jj e su bj ec t t detention and confiscation, leaving free the rest of the cargo and the vessel, that the owners may dispose of them as they see proper. !Nb vessels of either of the two nations shall be de- tained on the high seas on account of having on board articles of con- traband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great and of so large a bulk that they cannot be received on board the capturing vessel without great inconvenience ; but in this, and in all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port for trial and judg- ment, according to law. Article XXT. And whereas it frequently happens that vessels sail for a port or place fwo k de belonging to an enemy without knowing that the same is besieged, blockaded, or invested, it is agreed that every vessel so situated may be turned away from such port or place, bat shall not be detained ; nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from the commanding officer of the blockading force, "she should again attempt to enter the aforesaid port; but she shall be permitted to go to any other port or plac'e she may think proper. Kbr shall any vessel of either of the contracting parties that may have entered into such port before the same was actually besieged, block- aded, or invested by the other, be restrained from quitting such place with her cargo ; nor if found therein after the surrender shall such ves- sel or her cargo be liable to confiscation, but she shall be restored to the owner thereof. Article XXII. In order to prevent all kinds of disorder in the visiting and examina- Exan.inat,onofv es - tion of the vessels and cargoes of both the contracting par- ent «*. t j es on t ] ie high seag, they have agreed, mutually, that whenever a vessel of war, public or private, should meet with a neu- tral vessel of the other contracting party, the first shall remain out of cannon shot, and may send his boat, with two or three men only, in MEXICO, 1831. 551 order to execute the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill treatment, for which the commanders of the said armed vessels shall be responsible with their persons and property ; and for this purpose the commanders of said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damages they may commit. And it is expressly agreed, that the neu- tral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his papers, or for any other purpose whatsoever. Article XXIII. To avoid all kinds of vexation and abuse in the examination of the papers relating to the ownership of vessels belonging to the *,„,,,„„, &c citizens of the two contracting parties, they have agreed, and do agree, that in case one of them should be engaged in war, the ves- sels belonging to the citizens of the other must be furnished with sea- letters or passports, expressing the name, property, and bulk of the ves- sel, and also the name and place of habitation of the master or com- mander of said vessel, in order that it may thereby appear that the said vessel really and truly belongs to the citizens of one of the contracting parties ; they have likewise agreed that such vessels being laden, besides the said sea-letters or passports, shall also be provided with certificates containing the several particulars of the cargo and the place whence the vessel sailed, so that it may be known whether any forbidden or contraband goods be on board the same, which certificate shall be made out by the officers of the place whence the vessel sailed, in the accustomed form ; without which requisites the said vessel may be de- tained, to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be satisfied or supplied by testi- mony entirely equivalent to the satisfaction of the competent tribunal. Article XXIV. It is further agreed, that the stipulations above expressed, relative to the visiting and examination of vessels, shall apply only to V es Se i 3 „■,,!«■ C on- those which sail without convoy ; and when said .vessels are voy - under convoy, the verbal declaration of the commander of the convoy, or his word of honor, that the vessels under his protection belong to the nation whose flag he carries, and when they are bound to an enemy's port that they have no contraband goods on board, shall be sufficient. Article XXV. It is further agreed, that in all cases the established courts for prize causes, in the country to which the prizes may be con- Prizecourts ducted, shall alone take cognizance of them. And when- ever such tribunal of either party shall pronounce judgment against an$ vessel, or goods, or property claimed by the citizens of the other party, the sentence or decree shall mention the reason or motives on which the same shall have been founded ; and an authenticated copy of the sentence or decree, in conformity with the laws and usages of the country, and of all the proceedings of the case, shall, if demanded, be delivered to the commander or agent of said vessel, without any delay, he paying the legal fees- for the same. 552 TREATIES AND CONVENTIONS. Article XXVI. For the greater security of the intercourse between the citizens of i„ the event of » a r the United States of America and of the United Mexican between the parties, states, it is agreed, now for then, that if there should he at any time hereafter an interruption of the friendly relations which now exist, or a war unhappily break out between the two contracting par- ties, there shall be allowed the term of six months to the merchants re- siding on the coast, and one year to those residing in the interior of the States and territories of each other respectively, toarrange their busi- ness, dispose of their effects, or transport them wheresoever they may please, giving them a safe-conduct to protect them to the port they may designate. Those citizens who may be established in the States and territories aforesaid, exercising any other .occupation or trade, shall be permitted to remain in the uninterrupted enjoyment of their liberty and property, so long as they conduct themselves peace- ably, and do not commit any offence against the laws ; and their goods and effects, of whatever class and condition they may be, shall not be subject to any embargo or sequestration whatever, nor to any charge nor tax other than may be established upon similar goods and effects belonging to the citizens of the State in which they reside respectively ; nor shall the debts between individuals, nor moneys in the public funds, or in public or private banks, nor shares in companies, be confiscated, embargoed, or detained. Article XXVII. Both the contracting parties being desirous of avoiding all inequality Mini.ters and pub- in relation to their public communications and official intdr- iic agents. . C011 rse, have agreed and do agree to grant to Envoys, Ministers, and other public agents, the same favors, immunities, and exemptions which those of the most favored nation do or may enjoy ; it being understood that whatever favors, immunities, or privileges the United States of America or the United Mexican States may find proper to give to the Ministers and public agents of any other Power, shall by the same act be extended to those of each of the contracting parties. Article XXVIII. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the lights, prerogatives, and immunities which belong to them by their character, they shall, before entering upon the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited; and having obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates, and inhabitants of the con- sular district in which they reside. It is agreed likewise to receive and admit Consuls and Vice-Consuls in all the ports and places open to for- eign commerce, who shall enjoy therein all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation, each of the contracting parties remaining at liberty to except those ports and places in which the admission and residence of such Consuls and Vice-Consuls may not seem expedient. » Article XXIX. It is likewise agreed that the Consuls, Vice-Consuls, their secretaries, MEXICO, 1831. 553 officers and persons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall D e 8e rter» he exempt from all compulsory public service, and also from all kind of taxes, imposts, and contributions levied especially on them, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens and inhabitants, na- tive and foreign, of the country in which they reside, are subject; being in everything besides subject to the laws of their respective Sta.tes. The archives and papers of consulates shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. Article XXX. The said' Consuls shall have power to require the assistance of the authorities of the country, for the arrest, detention, and custody of deserters from the public and private vessels of their country ; and for that purpose, they shall address themselves to the courts, judges,- and officers competent, and shall demand the said deserters in writing, proving, by an exhibition of the register of the vessel, or ship's roll, or other public documents, that the man or men demanded were part of said crews ; and on this demand so proved, (saving always where the contrary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, and may be put in the public prisons at the request and expense of those who reclaim them, to be sent to the vessels to which they belong, or to others of the same nation. But, if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. Article XXXI. For -the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit, to form a con- sular convention, which shall declare specially the powers and immuni- ties of the Consuls and Vice-Consuls of the respective parties. Article XXXII. For the purpose of regulating the interior commerce between the frontier territories of both Eepublics, it -is agreed that the Executive of each shall have power, by mutual agreement, I ° te "° r ct "" merce ' of determining on the route and establishing the roads by which such commerce shall be conducted; and in all cases where the caravans em- ployed in such commerce may require convoy and protection by mili- tary escort, the Supreme Executive of each nation shall, by mutual agreement, in like manner, fix on the period of departure for such cara- vans, and the point at which the military escort of the two nations shall be exchanged. And it is further agreed, that, until the regula- tions for governing this interior commerce between the two nations shall be established,, the commercial intercourse between the State of Missouri of the United States of America, and New Mexico in the United Mexican States, shall be .conducted as heretofore, each Govern- ment affording the necessary protection to the citizens of the other. 554 TREATIES AND CONVENTIONS. Article XXXIII. It is likewise agreed that the two contracting parties shall, by all the means in their power, maintain peace and harmony among i„ai.n hostiut,e». thfl geveral j ndian na ti ns who inhabit the lands adjacent to the lines and rivers which form the boundaries of the two countries ; and the better to attain this object, both parties bind themselves ex- pressly to restrain, by force, all hostilities and incursions on the part of the Indian nations living within their respective boundaries : so that the United States of America will not suffer their Indians to attack the citizens of the United Mexican States, nor the Indians inhabiting their territory ; nor will the United Mexican States permit the Indians re- siding within their territories to commit hostilities against the citizens of the United States of America, nor against the Indians residing within the limits of the United States, in any manner whatever. And iu the event of any person or persons, captured by the Indians priors made by who inhabit the territory of either of the contracting par- indian., ^ eg; k e i n g or having been carried into the territories of the other, both Governments engage and bind themselves in the most solemn manner to return them to their country as soon as they know of their being within their respective territories, or to deliver them up to the agent or representative of the Government that claims them, giving to each other, reciprocally, timely notice, and the claimant paying the expenses incurred in the transmission and maintenance of such per- son or persons, who, in the meantime, shall be treated with the utmost hospitality by the local authorities of the place where they may be. Nor shall it be lawful, under any pretext whatever, for the citizens of either of the contrasting parties to purchase or hold captive prisoners made by the Indians inhabiting the territories of the other. Article XXXIV. The United States of America and the" United Mexican States, de- siring to make as durable as circumstances will permit, the relations which are to be established between the two parties by virtue of this treaty or general convention of amity, commerce, and navigation, have declared solemnly, and do agree to the following points : First. The present treaty shall remain and be in force for eight years • from the day of the exchange of the ratifications, and until '"""""" "'■ the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same ; each of the contracting parties reserving to itself the right of giving such notice to the other, at the end of said term of eight years. And it is hereby agreed between them that, on the expiration of one year after such notice shall have been received by either of the parties from the other party, this treaty, in all its parts, relating to commerce and navigation, shall altogether cease and determine, and in all those parts which relate to peace and friendship, it shall be permanently and perpetually binding on both the contracting parties. Secondly. If any one or more of the citzens of either party shall in- fringe any of the articles of this treaty, such citizens shall be held per- sonally responsible for. the same; and the harmony and good corre- spondence between the two nations shall not be interrupted thereby ; each party engaging in no way to protect the offender, or sanction such violation. MEXICO, 1831. 555 Thirdly. If (what indeed cannot be expected) any of the articles contained in the present treaty shall be violated or in- Demrad fractedln any manner whatever, it is stipulated that neither i»«k.n ra to "US of the contracting parties will order or authorize any acts h0? " 1 "" i ' of reprisal, nor declare war against the other,' on complaints of injuries or damages, until the said party considering itself offended shall first have presented to the other a statement of such injuries or damages, verified by competent proofs, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed. Fourthly. Nothing in this treaty contained shall, however, be con- strued to operate contrary to former and existing public treaties with other Sovereigns or States. The present treaty of amity, commerce, and navigation shall be ap- proved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the Vice-President of the United Mexican States, with the consent and ap- probation of the- Congress thereof; and the ratifications shall be ex- changed in the city of Washington, within the term of one year, to be counted from the date of the signature hereof, or sooner if possible. In witness whereof we, the Plenipotentiaries of the United States of America and of the United. Mexican States, have signed and sealed these presents. Done in the city of Mexico on the fifth day of April, in the year of our Lord one thousand eight hundred and thirty-one, in the fifty-fifth year of the Independence of the United States of America, and in the eleventh of that of the United Mexican States. A. BUTLBE. [L. s. LUCAS ALAMAN. [l. s. EAPAEL MANGINO. II. S. ADDITIONAL ARTICLE. Whereas, in the present state of the Mexican snipping, it would not ■ be possible for Mexico to receive the full advantage of the Fifthand » irth ar . reciprocity established in the fifth and sixth articles of the '*«»"■ treaty signed this day, it is agreed that for the term of six years, the stipulations contained in the said articles shall be suspended ; and in lieu thereof, it is hereby agreed, that, until the expiration of the said term of six years, American vessels entering into the ports of Mexico, and all articles the produce, growth, or manu- facture of the United States of America, imported in such vessels, shall pay no other or higher duties than are or may hereafter be payable in the said ports by the vessels and the like articles the growth, produce, or manufacture of the most favored nation; and, reciprocally, it is agreed that Mexican vessels entering into the ports of the United States of America, and all articles the growth, produce, or manufacture of the United Mexican States, imported in such vessels, shall pay no other or higher duties than are, or may hereafter be, payable in the said ports by the vessels and the like articles the growth, produce, or manufacture of the most favored nation ; and that no higher duties shall be paid, or bounties or drawbacks allowed, on the exportation of any article the growth, produce, or manufacture of either country, in the vessels of the other, than upon the exportation of the like articles in the vessels of any other foreign country. The present additional article shall have the same force and value as # 556 TREATIES AND CONVENTIONS. if it had been inserted, word for word, in the treaty signed this day. It shall be ratified, and the ratification exchanged at the same time. In witness whereof we, the respective Plenipotentiaries, have* signed and sealed the same. Done at Mexico on the fifth day of April, one thousand eight hun- dred and thirty-one. A. BUTLER. LUCAS ALAMAN. EAPAEL MANGINO. L. S. L. S. L. S. MEXICO, 1835. SECOND ADDITIONAL ARTICLE TO TREATY OF JANUARY 12, 1828. CON- CLUDED APRIL 3, 1835; RATIFICATIONS EXCHANGED APRIL 20, 1836; PRO- CLAIMED APRIL 21," 1836. A treaty having been concluded and signed in the city of Mexico, on the 12th day of January, 1828, between the United States of America and the Mexican United States, for the purpose of establishing the true dividing line and boundary between the two nations, the 3d article of. which treaty is as follows: " To fix this line with more precision, and to place the landmarks which shall designate exactly the limits of both nations, each pf the contracting parties shall appoint a commissioner and a surveyor, who shall meet before the termination of one year from the date of the ratification of this treaty at Natchitoches, on the Eed River, and proceed to run and mark said line from the mouth of the Sabine to the Red River, and from the Red River to the river Arkansas, and to ascertain the latitude of the source of said river Arkansas, in conformity to what is agreed upon and stipulated, and the line of lati- tude 42 to the South Sea. They shall make out plans, and keep jour- nals of their proceedings, and the result agreed upon by them shall be considered as part of this treaty, and shall have the same force as if it were inserted therein. The two Governments will amicably agree re- specting the necessary articles to be furnished to those persons, and also- as to their respective escorts, should such be deemed necessary : " And the ratifications of said treaty having been exchanged in the city of Washington, on the 5th day of April, in the year of 1832, but from various causes the contracting parties have been unable to perform the stipulations contained in the above-mentioned 3d article, and the period within which the said stipulations could have been executed has elapsed ; and both Republics being desirous that the said treaty should be carried into effect with all due solemnity, the President of the United States of America has for that purpose fully empowered on his part Anthony Butler, a citizen thereof and Charg6 dAffaires of said States in Mexico, and the acting President of the United Mexican States hav- ing in like manner fully empowered on his part their Excellencies Jos6 Maria Gutierrez de Estrada, Secretary of State for Home and Foreign Affairs, and Jose" Mariano Blasco, Secretary of the Treasury ; and the said Plenipotentiaries, after having mutually exchanged their full pow- ers, found to be ample and in form, they have agreed and do hereby agree to the following second additional article to the said treaty: Within the space of one year, to be estimated from the date of the commissions ana exchange of the ratifications of this said additional article, surveyors. there shall be appointed by the Government of the United . States of America and of the Mexican United States, each a commis- sioner and surveyor, for the purpose of fixing with more precision the MEXICO, 1835, 1839. 557 dividing-line, and for establishing the landmarks of boundary and lim- its between the two nations, with the exactness stipulated by the 3d article of the Treaty of Limits, concluded and signed in Mexico on the 12th day of January, 1828, and the ratifications of which were ex- changed in Washington city on the 5th day of April, 1832. And the present additional article shall have the same force and effect as if it had been inserted word for word iii the above-mentioned treaty of the 12th of January, 1828, and shall be approved and ratified in the man- ner prescribed by the Constitutions of%the respective States. In faith of which the said Plenipotentiaries have hereunto set their hands and affixed their respective seals. Done in the city of Mexico on the third day of April, in the year of our Lord one thousand eight hundred and thirty-five, in the fifty-ninth year of the Independence of the United States of America, and of the fif- teenth of that of the United Mexican States. A. BUTLER. [L. s. J. M. GUTIERREZ DE ESTRADA, [l. s. JOSE MARIANO BLASOO. [l. s. : MEXICO, 1839. CONVENTION FOE THE ADJUSTMENT OF CLAIMS OF CITIZENS OF THE UNITED STATES OF AMERICA UPON THE GOVERNMENT OF THE MEX- ICAN REPUBLIC. CONCLUDED APRIL 11, 1839; RATIFICATIONS EX- CHANGED APRIL 7, 1840; PROCLAIMED APRIL 8,1840. Whereas a convention for the adjustment of claims of citizens of the United States upon the Government of the Mexican Republic was con- cluded and signed at Washington on the 10th day of September, 1838, which convention was not ratified on the part of the Mexican Gov- ernment, on the alleged ground that the consent of His Majesty the. King of Prussia to provide an arbitrator to act in the case provided by said convention could not be obtained; And whereas the parties to said convention are still, and equally, de- sirous of terminating the discussions which have taken place between them in respect to said claims, arising from injuries to thepersons and property of citizens of the United States " by Mexican authorities, in a manner equally advantageous to the citizens of the United States, by whom said injuries have been sustained, and more convenient'to Mexico than that provided by said convention : The President of the United States has named for this purpose, and furnished with full powers, John Forsyth, Secretary of State of the said United States; and the President of the Mexican Republic has named His Excellency Seiior Don Francisco Pizarro Martinez, accredited as Envoy Extraordinary and Minister Plenipotentiary of the Mexican Republic to the United States, and has furnished him with full powers for the same purpose ; And the said Plenipotentiaries have agreed upon and concluded the following articles : Article I. ' It is agreed that all claims of citizens of the United States upon the Mexican Government, statements of which, soliciting the* chtas ^ " be ^ interposition of the Government of the United States, have fared™ fboL'Zc been presented to the Department of State or to the diplo- 558 TREATIES AND CONVENTIONS. matic agent of the United States at Mexico until the signature of this convention, shall be referred to four commissioners, who shall form a board, and be appointed in the following manner, namely : two commis- sioners shall be appointed by the President of the United States, by and with the advice and consent of the Senate thereof, and two com- missioners by the President of the Mexican Eepublic. The said com- missioners, so appointed, shall be sworn impartially to examine and decide upon the said claims according to such evidence as shall be laid before them on the part of the United States and the Mexican Eepublic respectively. Article II. The said board. shall have two secretaries, 1 versed in the English and Spanish languages ; one to be appointed by the President , Tetany ^ o £ ^ e xjnited States, by and with the advice and consent of the Senate thereof, and the other by the President of the Mexican Eepublic. And the said secretaries shall be sworn faithfully to dis- charge their duty in that capacity. Article III. The said board shall meet in the city of Washington within three months after the exchange of the ratifications of this con- vention, and within eighteen months from the time of its meeting shall terminate its duties. The Secretary of State of the United States shall, immediately after the exchange of the ratifications of this convention, give notice of the time of the meeting of the said board, to be published in twa newspapers in Washington, and in such other papers as he may think proper. Article IV. All documents which now are in, or hereafter, during the continuance Document, to be of the commission constituted by this convention, may come delivered. [ n ^ fljg p OSse ssion of the Department of State of the United States, in relation to the aforesaid claims, shall be delivered to the board. The Mexican Government shall furnish all such documents and explanations as may be in their possession, for the adjustment of the said claims according to the principles of justice, the law of nations, and the stipulations of the treaty of amity and commerce between the United States and Mexico of the 5th of April, 1831; the said docu- ments to be specified when demanded at the instance of the said com- missioners. Article V. The said commissioners shall, by a report under their "hands and seals, decide upon the justice of the said claims and the to de e dd° e m on'th™u r s 8 - amount of compensation, if any, due from the Mexican tice of claims, &c. >-, , . '-, ' " ' Government m each case. Article VI. It is agreed that if it should not be convenient for the Mexican Gov- Mesi'o to isaue "eminent to pay at once the amount so found due, it shall Sfamouafrfun" be at liberty, immediately after the decisions in the several due cases shall have taken place, to issue Treasury notes, re- MEXICO, 1839. 559 ceivable at the maritime custom-houses of tne Eepublic in payment of any duties which may be due or imposed at said custom-houses upon goods entered for importation or exportation ; said Treasury notes to bear interest at the rate of eight per centum per annum from the date of the award on the claim in payment of which said Treasury notes shall have been issued until that of their receipt at the Mexican custom- houses. But as the presentation and receipt of said Treasury notes at said enstom-houses in large amounts might be inconvenient to the Mexi- can Government, it is further agreed that, in such case, the obligation of said Government to receive them in payment of duties, as above stated, may be limited to one-half the amount of said duties. Article VII. It is further agreed that in the event of the commissioners differing in relation to the aforesaid claims, they shall, jointly or ?nc!18e0 f, he?om . severally, draw up a report stating, in detail, the points on ° ii8 » ii '° er » d '^"-e- which they differ, and the grounds upon which their respective opinions have been formed. And it is agreed that the said report or reports, with authenticated copies of all documents upon which they may be founded, shall be referred to the decision of His Majesty the King of Prussia. But as the documents relating to the aforesaid claims are so voluminous that it cannot be expected His Prussian Majesty would be willing or able personally to investigate them, it is agreed that he shall appoint a person to act as an arbiter in his behalf; that the person so appointed shall proceed to Washington ; that his travelling expenses to that city and from thence on his return to his place of residence in Prussia, shall be defrayed, one-half by the United States and one-half by the Mexican Republic ; and that he shall receive as a compensation for his services a sum equal to one-half the compensation that may be allowed by the United States to one of the commissioners to be ap- pointed by them, added to one-half the compensation that may be allowed by the Mexican Government to one of the commissioners to be appointed by it. And the compensation of such arbiter shall be paid, one-half by the United States and one-half by the Mexican Gov- ernment. Article VIII. Immediately after the signature of this convention, the Plenipoten- tiaries of the contracting ijarties (both being thereunto com- um petently authorized) shall, by a joint note, addressed to the Minister for Foreign Affairs of His Majesty the King of Prussia, to be delivered by the Minister of the United States at Berlin, invite the said monarch to appoint an umpire to act in his behalf in the manner above mentioned, in case this convention shall be ratified respectively by the Governments of the United States and" Mexico. Article IX. It is agreed that, in the event of His Prussian Majesty's declining to appoint an umpire to act in his behalf, as aforesaid, the contracting par- ties, on being informed thereof, shall, without delay, invite Her Britannic Majesty, and in case of her declining, His Majesty the King of the Netherlands, to appoint an umpire to act in their behalf, respectively, as above provided.' 560 TREATIES AND CONVENTIONS. Article X. And the contracting parties further engage to consider the decision Decision of the of such umpire to be final and conclusive on all the mat- umpire. terg g0 re f erredi Article XI. For any sums of money which the umpire shall find due to citizens Treasury „ote B to of the United States by the Mexican Government, Treasury be issued. notes shall be issued in the manner aforementioned. Article XII. And the United States agree forever to exonerate the Mexican Gov- Me*™ exonerated ernment from any further accountability for claims which from certain claims. g^aH either be rejected by the board or the arbiter aforesaid, or which, being allowed by either, shall be provided for by the said Government in the manner before mentioned. Article XIII. And it is agreed that each Government shall provide compensation compensation of for the commissioners and secretary to be appointed by it; commissioners, &c an( j tnat fljg contingent expenses of the board shall be de- frayed, one moiety by the United States and one moiety by the Mexican Eepublic. Article XIV. This convention shall be ratified, and the ratifications shall be ex- changed at Washington within twelve months from the signature hereof, or sooner if possible. In faith whereof w«, the Plenipotentiaries of the United States of America and of the Mexican Eepublic, have signed and sealed these presents. Done in the city of Washington on the eleventh day of April, in the year of our Lord one thousand eight hundred and thirty-nine, in the sixty-third year of the Independence of the United States of America, and the nineteenth of that of the Mexican Eepublic. JOHtf FOESYTH. FEAK PIZAERO MAETINEZ. L. L. i MEXICO, 1843. CONVENTION FURTHER TO PROVIDE FOR THE PAYMENT OF AWARDS IN FAVOR OF CLAIMANTS UNDER THE CONVENTION BETWEEN THE UNITED STATES AND THE MEXICAN REPUBLIC OF THE lira OF APKIL, 1839. CONCLUDED JANUARY 30, 1843; RATIFICATIONS EXCHANGED MARCH 29, 1843 ; PROCLAIMED MARCH 30, 1843. Whereas, by the convention between the United States and the Mexican Eepublic, of the 11th April, 1839, it is stipu- prenmbie. ]ated tha ^ . f - t should not be C011ven j 6n t to the Mexican Government to pay at once the sums found to be due to the claimants MEXICO, 1843. 561 under that convention, that Government shall be at liberty to issue Treasury notes in satisfaction of those sums ; and -whereas the Gov- ernment of Mexico [isj anxious to comply with the terms of said con- vention, and to pay those awards in full, but finds it inconvenient either to pay them in money or to issue the said Treasury notes : The President of the United States has, for the purpose of carrying into fall effect the intentions of the said parties, conferred fall powers on Waddy Thompson, Envoy Extraordinary and Minister of the United States to the Mexican Government, and the President of the Mexican Eepublic has conferred full powers on their Excellencies Jose" Maria de Bocanegra, Minister of Foreign Eelations and Government, and Manuel Eduardo de Gorostiza, Minister of Finances. And the said Plenipoten- tiaries, after having exchanged their full powers, found to be in due form, have agreed to and concluded the following articles : Article I. On the 30th day of April, 1843, the Mexican Government shall pay all the interest which may then be due on the awards in Wexicot omj-M favor of claimants under the convention of the 11th of interest Ju8 - April, 1839, in gold or silver money, in the city of Mexico. Article II. The principal of the said awards, and the interest accruing thereon, shall he paid in five years, in equal instalments every three prim . a ^ . n ' months, the said term of five years to commence on the te r e"t°S\ e 'Aid ',"" 30th day of April, 1843, aforesaid. Article III. The payments aforesaid shall be made in the city of Mexico to such person as the United States may authorize to receive them, Pay „ eil t» t? b „ in gold or silver money. But no circulation, export, nor *$££''£££ other duties shall be charged thereon; and the Mexican Bilver - Government takes the risk, charges, and expenses of the transportation of the money to the city of Vera Cruz. Article IV. The Mexican Government hereby solemnly pledges the proceeds of the direct taxes of the Mexican Eepublic for the payment ex . oo ted to of the instalments and*interest aforesaid, but it is under- procS° p of B d; re " stood that whilst no other fund is thus specifically hypothe- cated, the Government of the United States, by accepting this pledge, does not incur any obligation to look for payment of those instalments and interest to that fund alone. Article V. As this new arrangement, which is entered into for the accommoda- tion of Mexico, will involve additional charges of freight, Mexico ^ cay two commission, &c, the Government of Mexico hereby agrees ™ d "j£ lf iES"E to add two and a half per centum to each of the aforesaid COTOr cl " xrees - payments on account of said charges. Article VI. A new convention shall be entered into for the settlement of all 562 TREATIES AND CONVENTIONS. new convention to claims of the Government and citizens of the United States ih.EtSE«eitVSi against the Republic of Mexico, which were not finally de- claim, on Mexico. &([&& by the late commission which met in thei city of Wash- ington, and of all claims of the Government and citizens of Mexico against the United States. Article VII. The ratifications of this convention shall be exchanged at Washing- HatificationB.wbeo ton within three months after the date thereof, provided it to be exchanged. s h a ll arrive at Washington before the adjournment of the present session of Congress; and if not, then within one month after the meeting of the next Congress of the United States. In faith whereof we, the Plenipotentiaries of the United States of America and of the Mexican Eepublic, have signed and sealed these presents. Done at the city of Mexico on the thirtieth day of January, in the year of our Lord one thousand eight hundred and forty-three, and in the sixty-seventh year of the Independence of the United States of America, and in the twenty-third year of that of the Mexican Eepublic. WADDY THOMPSON. J. MA. DE BOCANEGEA. M. E. DE GOEOSTIZA. L. S. L. S. L. S. MEXICO, 1848. TREATY OP PEACE, FRIENDSHIP, LIMITS, AND SETTLEMENT, WITH THE REPUBLIC OF MEXICO. CONCLUDED FEBRUARY 2, 1848 ; RATIFICATIONS EXCHANGED AT QUERETARO, MAY 30, 1848 ; PROCLAIMED JULY 4, 1848. In the name of Almighty God : The United States of America and the United Mexican States, ani- mated by a sincere desire to put an end to the calamities of the war which unhappily exists between the two Eepublics, and to establish upon a solid basis relations of peace and friendship, which shall confer reciprocal benefits upon the citizens of both, and assure the concord, harmony, and mutual confidence wherein the two people should live, as good neighbours, have for that purpose appointed their respective plenipotentiaries, that is to say > The President of the United States has appointed Nicholas P. Trist, a citizen of the United States, and the President of the Mexican Eepublic has appointed Don Luis Gonzaga Cuevas, Don Bernardo Couto, and Don Miguel Atristain, citizens of the said Eepublic ; Who, after a reciprocal communication of their respective full pow- ers, have, under the protection of Almighty God, the author of peace, arranged, agreed upon, and signed the following Treaty of Peace, Friendship, Limits, and Settlement between the United States of America and the Mexican Eepublic. Article I. There shall be firm and universal peace between the United States of MEXICO, 1848. 563 America and the Mexican Republic, and between their Fin „ and umver , a , respective countries, territories, cities, towns, and people, poace - without exception of places or persons. Article II. Immediately upon the signature of this treaty, a convention shall be entered into between a commissioner or commissioners convention to be appointed by the General-ia-chief of the forces of the United l"£'£i™\° <"£*. States, and such as may be appointed by the Mexican Gov- "<""^<"W^- eminent, to the end that a provisional suspension of hostilities shall take place, and that, in the places occupied by the said forces, constitutional order may be re-established, as regards the political, administrative, and judicial branches, so far as this shall be permitted by the circum- stances of military occupation. Article III. Immediately upon the ratification of the present treaty by the Gov- ernment of the United States, orders, shall be transmitted ■ it t p , i * t i i t n -■ Upon ratification to the commanders of their land and naval forces, requiring »r t hi» treaty, the latter (provided this treaty shall then have been rati- liSan porta "S cease. fled by the Government of the Mexican Eepublic, and the ratifications exchanged) immediately to desist from blockading any Mexican ports ; and requiring the former (under the same condition) to commence, at the earliest moment practicable, withdrawing all troops of the United States then in the interior of the nnited s?a 9 te 9 of to t bl Mexican Eepublic, to points that shall be selected by com- w,lhdra ™' &c - mon agreement, at a distance from the seaports not exceeding thirty leagues ; and such evacuation of the interior of the Eepublic shall be completed with the least possible delay; the Mexican Government hereby binding itself to afford every facility in its power for rendering the same convenient to the troops, on their march and in their new posi- tions, and for promoting a good understanding between them and the inhabitants. In like manner orders shall be despatched to the persons in charge of the customhouses at all ports occupied by the forces of the United States, requiring them (under the same c " stomh — • condition) immediately to deliver possession of the same to the persons authorized by the Mexican Government to receive it, together with all bonds and evidences of debt for duties on importations and on exporta- tions, not yet fallen due. Moreover, a faithful and exact account shall be made out, showing the entire amount of all duties on imports and on exports, collected at such custom-h ouses, or elsewhere in Mexico, by authority of the United States, from and after the day of ratifica- tion of this treaty by the Government of the Mexican Eepublic ; and also an account of the cost of collection ; and such entire amount, de- ducting only the cost of collection, shall be delivered to the Mexican Government, at the city of Mexico, within three months after the exchange of ratifications. The evacuation of the capital of the Mexican Eepublic by the troops of the United States, in virtue of the above stipulation, shall EvMMtlo „ of tUe be completed in one month after the orders there stipulated wa.ioiM.aioo. for shall have been received by the commander of said troops, or sooner if possible. Article IV. Immediately after the exchange of ratifications of the present treaty 564 TREATIES AND CONVENTIONS. Aii «■,««.,' feu, all castles, forts, territories, places, and possessions, which *c to bo re-Wed. ' jjaye been taken or occupied by the forces of the United States during the present war, within the limits of the Mexican Republic, as about to be established by the following article, shall be definitively restored to the said Eepublic, together with all the artillery, arms, appa- ratus of war, munitions, and other public property, which were in the said castles and forts when captured, and which shall remain there at the time when this treaty shall be-duly ratified by the Government of the Mexican Eepublic. To this end, immediately upon the signature of this treaty, orders shall be despatched to the American officers com- manding such castles and forts, securing against the removal or destruc- tion of any such artillery, arms, apparatus of war, munitions, or other public property. The city of Mexico, within the inner line of intrench- ments surrounding the said city, is comprehended in the above stipula- tion, as regards the restoration of artillery, apparatus of war, &c. The final evacuation of the territory of the Mexican Eepublic, by the Fi„ai e.ao a t.o„ forces of the United States, shall be completed in three «r Mexican territor y. mon ths from the said exchange of ratifications, or sooner if possible; the Mexican Government hereby engaging, as in the forego- ing article, to use all means in its power for facilitating such evacuation, and rendering it convenient to the troopls, and for promoting a good understanding between them and the inhabitants. If, however, the ratification of this treaty by both parties should not take place in time to allow the embarcation of the troops of the United States to be completed before the commencement of the sickly season, at the Mexican ports on the Gulf of Mexico, in such case a friendly ar- rangement shall be entered into between the General- in-chief of the said troops and the Mexican Government, whereby healthy and otherwise suitable places, at a distance from the ports not exceeding thirty leagues, shall be designated for the residence of such troops as may not yet have embarked, until the return of the healthy season. And the space of time here referred to as comprehending the sickly season shall be understood to extend from the first day of May to the first day of November. All prisoners of war taken on either side, on land or on sea, shall be prisoners of war restored as soon as practicable after the exchange of rati- to be restored. fi'cations of this treaty. It is also agreed that if any Mexi- cans should now be held as captives by any savage tribe within the limits of the United States, as about to be established by the following article, the Government of the said United States will exact the release of such captives, and cause them to be restored to their country. Article V. The boundary line between the two Eepublics shall commence in the Gulf of Mexico, three leagues from land, opposite the mouth Boundary nne. of the ^ Grande, otherwise called Eio Bravo del Norte, or opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea ; from thence up the middle of that river, following the deepest channel, where it has more than one, to the point where it strikes the southern boundary of New Mexico ; thence, westwardly, along the whole southern boundary of New Mexico (which runs north of the town called Paso) to its western termination ; thence, northward, along the western line of New Mexico, until it inter- sects the first branch of the river Gila ; (or if it should not intersect any branch of that river, then to the point on the said line nearest to such MEXICO, 1848. 565 branch, and thence in a direct line to the same;) thence down the middle of the said branch and of the said river, until it empties into the Eio Colorado ; thence across the Rio Colorado, following the division line between Upper and Lower California', to the Pacific Ocean. The southern and western limits of New Mexico, mentioned in this article, are those laid down in the map entitled "Map of the , er amlweBt United Mexican States, as organized and defined by various em%n'a a liY$« acts of the Congress of said republic, and constructed according to the best authorities. lievised edition. Published at New YorJc, in 1847, by J. Disturnell ;" of which map a copy is added to this treaty, bearing the signatures and seals of the undersigned Plenipotentiaries. And, in order to preclude all difficulty in tracing upon the ground the limit sep- arating Upper from Lower California, it is agreed that the said limit shall consist of a straight line drawn from the middle of the Rio Gila, where it unites with the Colorado, to a point on the coast of the Pacific Ocean, distant one marine league due south of the southernmost point of the port of San Diego, according to the plan of said port made in the year 1782 by Don Juan Pantoja, second sailing-master of the Spanish fleet, and published at Madrid in the year 1802, in the atlas to the voy- age of the schooners Sutil and Mexicana; of which plan a copy is here- unto added, signed and sealed by the respective Plenipotentiaries. In order to designate the boundary line with due precision, upon authoritative maps, and to establish upon the ground land- marks which shall show the limits of both republics, as de- aa™"™"'™?"". scribed in the present article, the two Governments shall each SAim" bOHJSj appoint a commissioner and a surveyor, who, before the ex- piration of one year from the date of the exchange of ratifications of this treaty, shall meet at the port of San Diego, and proceed to run and mark the said boundary in its whole course to the mouth of the Rio Bravo del Norte. They shall keep journals and make out plans of their operations ; and the result agreed upon by them shall be deemed a part of this treaty, and shall have the same force as if it were inserted therein. The two Governments will amicably agree regarding what may be neces- sary to these persons, and also as to their respective escorts, should such be necessary. The boundary line established by this article shall be religiously re- spected by each of the two republics, and no change shall Bounduyimetob. ever be made therein, except by the express and free con- n"*°»»'r rented. sent of both nations, lawfully given by the General Government of each, in conformity with its own constitution. Article VI. The vessels and citizens of the United States shall, in all time, have a free and uninterrupted passage by the Gulf of California, mm e b and by the river Colorado below its confluence with the tta'^T^m^ Gila, to and from their possessions situated north of the ^°"^|"jj£ °° f ""' boundary line defined in the preceding article; it being understood that this passage is to be by navigating the Gulf of Califor- nia and the river Colorado, and not by land, without the express consent of the Mexican Government. If, by the examinations which may be made, it should be ascertained to be practicable and advantageous to construct a road, , x .. I'lii-tP-ii • i Construction of a Canal, or ran way, which should in whole or m part run upon ™f. »»•. <»■ ™j- the river Gila, or upon its right or its left bank, within the Eks of u "ii° n river space of one marine league from either margin of the river, 566 TREATIES AND CONVENTIONS. the Governments of both republics will form an agreement regarding its construction, in order that it may serve equally for the use and advan- tage of both countries. Article VII. The river Gila, and the part of the Eio Bravo del Norte lying below Navigation or r.v- the southern boundary of New Mexico, being, agreeably to vo'b^^boS: the fifth article, divided in the middle between the two re- adme, publics, the navigation of the Gila and of the Bravo below said boundary shall be free and common to the vessels and citizens of both countries; and neither shall, without the consent of the other, con- struct any work that may impede or interrupt, in whole or in part, the exercise of this right; not even for the purpose of favouring new methods of navigation. Nor shall any tax or contribution, under any denomina- Navigation of said tion or title, be levied upon vessels or persons navigating «ru r cte3,°and°TO °£ the same, or upon merchandiseor effects transported thereon, »i» b or 1 per e aoi,B"»a»t except in the case of landing upon one of their shores. If, St'fh^SSeS'S'r f° r the purpose of making the said rivers navigable, or for boa Governments, maintaining them in such state, it should be necessary or advantageous to establish any tax or contribution, this shall not be done without the consent of both Governments. The stipulations contained in the present article shall not impair the territorial rights of either republic within its established limits. Article VIII. Mexicans now established in territories previously belonging to Mexican, e s tab- Mexico, and which remain for the future within the limits cede e d t" thToSIJed 0I " the United States, as defined by the present treaty, shall state.. ^e f ree t continue where they now reside, or to remove at any time to the Mexican Eepublic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please, without their being subjected, on this account, to any contribution, tax, or charge whatever. Those who shall prefer to remain in the said territories may either retain the title and rights of Mexican citizens, or acquire those of citi- zens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty ; and those who shall remain in the said ter- ritories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected to become citizens of the United States. In the said territories, j)roperty of every kind, now belonging to proper^ ». be in- Mexicans not established there, shall be inviolably respect- •vioiabiy respected. e( j_ qijjg p rese nt owners, the heirs of these, and all Mexi- cans who may hereafter acquire said property by contract, shall enjoy with respect to it guarantees equally ample as if the same belonged to citizens of the United States. Article IX. The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably mS e ?n tne"c'dS with what is stipulated in the preceding article, shall be in- S^T^aVtt corporated into the Union of the United States, and be umted state,. admitted at the proper time (to be judged of by the Congress MEXICO, 1848. 567 of the United States) to the enjoyment of all the. rights of citizens of the United States, according to the principles of the Consti- tution ; and in the mean time, shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction. Article X. [Stricken out.] Article XI. Considering that a great part of the territories, which, by the present treaty, are to be comprehended for the future within the limits of the United States, is now occupied by savage tribes, who will hereafter be under the exclusive controul of the Government of the United States, and whose incursions within the territory of Mexico would , ,, .*'_ -ij/ij-H Incursions ol an.** be prejudicial in the extreme, it is solemnly agreed tnat all ^ .tribes into the T ." . „ , „ ,\ , , ■ -T •» l i r\ territory of Mexico. such incursions shall be forcibly restrained by the Govern- ment of the United States whensoever this maybe necessary; and that when they cannot be prevented, they shall be punished by the said government, and satisfaction for the saifie shall be exacted — all in the same way, and with equal diligence and energy, as if the same incur- sions were meditated or committed within its own territory, against its own citizens. It shall not be lawful, under any pretext whatever, for any inhabitant of the United States to purchase or acquire any Mexican, or any foreigner residing in Mexico, who may have been captured by Indians inhabiting the territory of either of the two republics ; nor to purchase or acquire horses, mules, cattle, or property of any kind, stolen within Mexican territory by such Indians. And in the event of any person or persons, captured within Mexican territory by Indians, being carried into the territory of the s ^ United States, the Government of the latter engages and miSSriw -,.-,., i n • it . t -ji-n an d carried into the binds itself, in the most solemn manner, so soon as it shall territory of ti» know of such captives being within its territory, and shall be able so to do, through the faithful exercise of its influence and power, to rescue them and return them to their country, or deliver them to the agent or representative of the Mexican Government. The Mexican authorities will", as far as practicable, give to the Government of the United States notice of such captures ; and its agents shall pay the expenses incurred in the maintenance and transmission of the rescued captives ; who, in the mean time, shall be treated with the utmost hos- pitality by the American authorities at the place where they may be. But if the Government of the United States, before receiving such notice from Mexico, should obtain intelligence, through any other channel, of the existence of Mexican captives within its territory, it will proceed forthwith to effect their release and delivery to the Mexican agent, as above stipulated. For the purpose of giving to these stipulations the fullest possible efficacy, thereby affording the security and redress demand- GoT ei™entorti. 8 ed by their true spirit and intent, the Government of the JS^T™y p ™ United States will now and hereafter pass, without unneces- K; , S."S,,t sary delay, and always vigilantly enforce, such laws as the , "i ,ulati °"»- nature of the subject may require. And, finally, the sacredness of this obligation shall never be lost sight of by the said Government, when pro- 568 TREATIES AND CONVENTIONS. viding for the removal of the Indians from, any portion of the said ter- ritories, or for its being settled by citizens of the United States ; but, on the contrary, special care shall then be taken not to place its Indian occupants under the necessity of seeking hew homes, by committing those invasions which the United States have solemnly obliged them- selves to restrain. Article XII. In consideration of the extension 'acquired by the boundaries of the Amount or money United States, as defined in the fifth article of the present to be paw to Me*,",, treaty, the Government of the United States engages to pay to that of the Mexican Eepublic the sum of fifteen millions of dollars. Immediately after , this treaty shall have been duly ratified by the how ae same shdi Government of the Mexican Eepublic, the sum of three mil- be paid. lions of dollars shall be paid to the said Government by that of the United States, at the city of Mexico, in the gold or silver coin of Mexico. The remaining twelve millions of dollars shall be paid at the same place, and in the same coin, in annual instalments of three millions of dollars each, together with interest on the same at the rate of six per centum per annum. This interest shall begin to run upon the whole sum of twelve millions from the day of the ratification of the present treaty by the Mexican Government, and the first of the instalments shall be paid at the expiration of one year from the same day. Together -with each annual instalment, as it falls due, the whole interest accruing on such instalment from the beginning shall also be paid. Article XIII. The United States engage, moreover, to assume and pay to the claim- The umted states %dX,& all the amounts now due them, and those hereafter to tlao to assume and pay theamow aiao to o^™™* become due, by reason of the claims already liquidated and decided against the Mexican Eepublic, under the conventions between the two republics severally concluded on the eleventh day of April, eighteen hundred and |thirty-nine, and on the thirtieth day of January, eighteen hundred and forty-three; so that the Mexican Ee- public shall be absolutely exempt, for the. future, from all expense whatever on account of the said claims. Article XIV. The United States do furthermore discharge the Mexican Eepublic from all claims of citizens of the United States, not hereto- m ?« KM di.chS5£ fore decided against the Mexican Government, which may cSens'ortheumte'd have arisen previously to the date of the signature of this treaty ; which discharge shall be final and perpetual, whether the said claims be rejected or be allowed by the board of commissioners provided for in the following article, and whatever shall be the total amount of those allowed. Article XV. The United States, exonerating Mexico from all demands on account The raited st«e» of the claims of their citizens mentioned in the preceding tortt^same'no?^" article, and considering them entirely and forever cancelled, Suarw? m1iL n " B d o°f whatever their amount may be, undertake to make satisfac- Mim. ti on f or th e same, to an amount not exceeding three and 569 one-quarter millions of dollars. To ascertain the validity and amount of those claims, a board of commissioners shall be established Bmmi omm . B by the Government of the United States, whose awards shall «^£™ to bf Sub- be final and conclusive; provided that, in deciding upon the validity of each claim, the board shall be guided and governed by the principles and rules of decision prescribed by the first and fifth articles of the unratified convention, concluded at the city of Mexico on the twentieth day of November, one thousand eight hundred and forty-three ; and in no case shall an award be made in favour of any claim not embraced by these principles and rules. If, in the opinion of the said board of commissioners or of the claim- ants, any books, records, or documents, in the possession or Howbooks record3 power of the Government of the Mexican Republic, shall be aJdocnmrattSflie -, i i ii • i i • • j? l' j_i poaseasioa of the deemed necessary to the just decision or any claim, the com- Gove ram entofMexi- missioners, or the claimants through them, shall, within S?ciSof , aVcMm ■. •!*-« -i-j i i - j_ • are to be obtained such period as Congress may designate, make an application from that Gove™- in writing for the same, addressed to the Mexican Minister """"" for Foreign Affairs, to be transmitted by the Secretary of State of the United States ; and the Mexican Government engages, at the earliest possible moment after the receipt of such demand, to cause any of the books, records, or documents so specified, which shall be in their pos- session or power, (or authenticated copies or extracts of the same,) to be transmitted to the said Secretary of State, who shall immediately deliver them over to the said board of commissioners; provided that no such application shall be made by or at the instance of any claimant, until the facts which it is expected to prove by such books, records, or documents, shall have been stated under oath or affirmation. Article XVI. Bach of the contracting parties reserves to itself the entire EacbpartyreBe ,. ve9 right to fortify whatever point within its territory it may ^ S '„ "t.'S judge proper so to fortify for its security. torr - Article XVII. The treaty of amity, commerce, and navigation, concluded at the city of Mexico on the fifth day of April, A. D. 1831, between the United States of America and the United Mexican States, umTbetwe"? "e except the additional article, and except so far as the stip- m«S>. w't^'ertS ulations of the said treaty may be incompatible with any except "" stipulation contained in the present treaty, is hereby revived for the period of eight years from the day of the exchange of ratifications of this treaty, with the same force and virtue as if incorporated therein ; it being understood that each of the contracting parties re- B »t m.y betermi- serves to itself the right, at any time after the said period of ^Xt*" 1 , eight years shall have expired, to terminate the same by ° ot,ce giving one year's notice of such intention to the other party. Article XVIII. All supplies whatever for troops of the! United States in Mexico, ar- riving at ports in the occupation of such troopsprevious to s , lppIiM for tl , e the final evacuation thereof, although subsequently to the S,^;?*;' restoration of the custom-houses at such ports, shall be "^3?™ ll entirely exempt from duties and charges of any kind ; the exompt fram dutJ - Government of the United States hereby engaging and pledging its faith to establish, and vigilantly to enforce, all possible guards for securing 570 TREATIES AND CONVENTIONS. the revenue of Mexico, by preventing the importation, under cover of this stipulation, of any articles other than such, both in kind and in quantity, as shall really be wanted for the use and consumption of the forces of the United States during the time they may remain in Mexico. To this end it shall be the .duty of all officers and agents of the United States to denounce to the Mexican authorities at the respective ports any attempts at a fraudulent abuse of this stipulation, which they may know of, or may have reason to suspect, and to give to such authorities all the aid in their power with regard thereto ; and every such attempt, when duly proved and established by sentence of a competent tribunal, shall be punished by the confiscation of the property so attempted to be fraudulently introduced. Article XIX. With respect to all merchandise, effects, and property whatsoever, Rules to be oh i m P or t e( l i nto ports of Mexico whilst in the occupation of served "with" respect the forces of the United States, whether by citizens of either to merchandise im- , , . -, ... 4 . , n , » ,. ported mto Mexic™ republic, or by citizens or subjects ot any neutral nation, the following rules shall be observed : 1. All such merchandise, effects, and property, if imported previously Merchandise, &<:., to the restoration of the custom-houses to the Mexican au- Sr°ert e o d rat?o v iof the thorities, as stipulated for in the third article of this treaty, c«.tom-ho»se». shall be exempt from confiscation, although the importation of the same be prohibited by the Mexican tariff. 2. The same perfect exemption shall be enjoyed by all such merchan- The same exemp- dise, effects, and property, imported subsequently to the "° S e, & " hrTp'orS restoration of the custom-houses, and previously to the sixty re»toS" r of° ,he days fixed in the following article for the coming into force cu S tom-hou S e.. f fljg Mexican tariff at such ports respectively ; the said merchandise, effects, and property being, however, at the time of their importation, subject to the payment of duties, as provided for in the said following article. 3. All merchandise, effects, and property described in the two rules- Merchand.se, er- foregoing shall, during their continuance at the place of conti'nuar.ce atSe importation, and upon their leaving such place for thein- upon"T"S°'.u"h terior, be exempt from all duty, tax, or impost of every kind, ™5' t rom t dMy r ; under whatsoever title or denomination. Nor shall they be *"■ there subjected to any charge whatsoever upon the sale thereof. 4. All merchandise, effects, and property, described in the first and second rules, which shall have been removed to any place rempiedTo pTace» 'm in the interior whilst such place was in the occupation of the' theo°Sationorth" forces of the United States, shall, during their continuance st°?ei aiso%xem'i.t therein, be exempt from all tax upon the sale or consump- tion thereof, and from every kind of impost or contribution, under whatsoever title or denomination. 5. But if any merchandise, effects, or property, described in the first and second rules, shall be removed to any place not occu- lt!" remo^T'To pied at the time by the forces of the United States, they C th''efo > r t ces c or p the shall, upon their introduction into such place, or upon their 'be°'»ubiS te to "So sale or consumption there, be subject to the same duties TSflLfLnS, which, under the Mexican laws, they would be required to pay in such cases if they had been imported in time of peace, through the maritime customhouses, and had there paid the duties conformably with the Mexican tariff. MEXICO, 1848. 571 6. The owners of all merchandise, effects, or property, 0wmn of mer described in the first and second rules, and existing in any ^^ r mUS- port of Mexico, shall have the right to reship the same, ■&& a. ..» <■■«» of exempt from all tax, impost, or contribution whatever. With respect to the metals, or other property, exported from any Mexican port whilst in the occupation of the forces of the Meta]a mi othep United States, and previously to the restoration of the cus- ^z B 'S e xi^"S"i torn-house at such port, no person shall be required by the £% r °3°l ?d the Mexican authorities, whether general or state, to pay any ™<^3^S.d!£' tax, duty, or contribution upon any such exportation, or in I^VW'SSwS- any manner to account for the same to the said authori- ties. Article XX. Through consideration for the interests of commerce generally, it is agreed, that if less than sixty days should elapse between .„,„ t „ ilf Mtab . ■the date of the signature of this treaty and the restoration £&£"£'£?.£?'«. of the custom-houses, conformably with the stipulation in K^Kr^" the third article, in such case all merchandise, effects, and *«* <»"-<* •**■■ property whatsoever, arriving at the Mexican ports after the restoration of the said custom-houses, and previously to the expiration of sixty days after the day of the signature of this treaty, shall be admitted to entry; and no other duties shall be levied thereon than the duties established by the tariff found in force at such custom-hoxises at the time of the restoration of the same. And to all such merchandise, effects, and property, the rules established by the preceding article shall apply. Article XXI. If unhappily any disagreement should hereafter arise between the Gov- ernments of the two republics, whether with respect to the i„ caBeori ii SaBre <.- interpretation of any stipulation in this treaty, or with SSoTSJ'to'b! respect to any other particular concerning the political or " sed - commercial relations of the two nations, the said Governments, in the name of those nations, do promise to each other that they will endeavour, in the most sincere and earnest manner, to settle the differences so aris- ing, and to preserve the state of peace and friendship in which the two countries are now placing themselves, using, for this end, mutual rep- resentations and pacific negotiations. And if, by these means, they should not be enabled to come to an agreement, a resort shall not, on this account, be had to reprisals, aggression, or hostility of any kind, by the one republic against the other, until the Government of that which deems itself aggrieved shall have maturely considered, in the spirit of peace and good neighbourship, whether it would not be better that such difference should be settled by the arbitration of commissioners ap- pointed on each side, or by that of a friendly nation. And should such course be proposed by either party, it shall be acceded to by the other, unless deemed by it altogether incompatible with the nature of the difference, or the circumstances of the case. Article XXII. If (which is not to be "expected, and which God forbid) war should unhappily break out between the two republics, they do Rule9 t0 be ob _ now, with a view to such calamity, solemnly pledge them- '""^^o^^oc^lr. selves to each other and to the world to observe the following rules • 572 TKEA.TIES AND CONVENTIONS. absolutely where the nature of the subject permits, and as closely as possible in all cases where such absolute observance shall be impossible: 1. The merchants of either republic then residing in the other shall be allowed to remain twelve months, (for those dwelling in the weTS'YoVnie interior,) and six months, (for those dwelling at the seaports,) Srt'wST&S S- to collect their«debts and settle their affairs; during which periods they shall enjoy the same protection, and be on the same footing, in all respects, as the citizens or subjects of the most friendly nations; and, at the expiration thereof, or at any time before, they shall have full liberty to depart, carrying off all their effects with- out molestation or hindrance, conforming therein to the same laws which the citizens or subjects of the most friendly nations are required to conform to. Upon the entrance of the armies of either axfeSa? ' &£; nation into the territories of the other, women and children, ecclesiastics, scholars of every faculty, cultivators of th e earth, merchants, artisans, manufacturers, and fishermen, unarmed and inhab- iting unfortified towns, villages, or places, and in general all persons whose occupations are for the common subsistence and benefit of man- kind, shall be allowed to continue their respective employments, unmo- lested in their persons. Nor shall their houses or goods be be rapec 1 ted p ; e "Sd t °f burnt or otherwise destroyed, nor their cattle taken, nor SSiit^totopaid their fields wasted, by the armed force into whose .power, by the events of war, they may happen to fall ; but if the necessity arise to take anything from them for the use of such armed force, the same shall be paid for at an equitable price. All taS'SJEoSs, to™ to churches, hospitals, schools, colleges, libraries, and other establishments for charitable and beneficent purposes, shall be respected, and all persons connected with the same protected in the discharge of their duties, and the pursuit of their vocations. 2. In order that the fate of prisoners of war may be alleviated, all p™,»ers or „. r! such practices as those of sending them into distant, inclem- tbeir treatment. ' en ^ or unwholesome districts, or crowding them into close and noxious places, shall be studiously avoided. They shall not be confined in dungeons, prison-ships, or prisons ; nor be put in irons, or bound, or otherwise restrained in the use of their limbs. The officers shall enjoy liberty on their paroles, within convenient districts, and have comfortable quarters ; and the common soldier shall be disposed in cantonments, open and extensive enough for air and exercise, and lodged in barracks as roomy and good as are provided by the party in whose power they are for its own troops. But if any officer shall break his parole by leaving the district so assigned him, or any other prisoner shall escape from the limits of his cantonment, after they shall have been designated to him, such individual, officer, or other prisoner, shall forfeit so much of the benefit of this article as provides for his liberty on parole or in cantonment. And if any officer so breaking his parole, or any common soldier so escapingfrotn the limits assigned him, shall afterwards befound in arms, previously to his being regularly exchanged, the person so offend- ing shall be dealt with according to the established laws of war. The officers shall be daily furnished, by the party in whose power they are, with as many rations, and of the same articles, as are allowed, either in kind or by commutation, to officers of equal rank in its own army ; and all others shall be daily furnished with such ration as is allowed to a common soldier in its own service ; the value of all which supplies shall, at the close of the war, or at periods to be agreed upon between the respective commanders, be paid by the other party, on a mutual adjust- ment of accounts for the subsistence of prisoners; and such accounts MEXICO, 1848. 573 shall not be mingled with or set off against any others, nor the balance due on them be withheld, as a compensation or reprisal for any cause whatever, real or pretended. Each party shall be allowed to keep a commissary of prisoners, appointed by itself, with every cantonment of prisoners, in possession of the other ; which commissary shall see the prisoners as often as he pleases ; shall be Allowed to receive, exempt from all duties or taxes, and to distribute, whatever comforts may be sent to them by their friends ; and shall be free to transmit his reports in open letters to the party by whom he is employed. And it is declared that neither the pretence that war dissolves all treaties, nor any other whatever, shall be considered as TheMi.mi.co™,- annulling or suspending the solemn covenant contained ££, ££>» T?»- in this article. On the contrary, the state of war is pre- ™™ Zttl aT cisely that for which it is provided ; and, during which, its 10lve8 a11 treaties - stipulations are to be as sacredly observed as the most acknowledged, obligations under the law of nature or nations. Article XXIII. This treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate Treat j. BUbi8Ct ,„ thereof ; and by the President of the Mexican Eepublic, with S™ "*"!™*: the previous approbation of its general Congress ; and the £sJ f ,i£ /^ ratifications shall be exchanged in the city of Washington, or •■'"' at the seat of Government of Mexico, in four months from the date of the signature hereof,. or sooner if practicable. In faith whereof we, the respective Plenipotentiaries, have signed this treaty of peace, friendship, limits, and settlement, and sil!Mdin j ebniar7 have hereunto affixed our seals respectively. Done in quin- 1848 - tuplicate, at the city of Guadalupe Hidalgo, on the second day of Feb- ruary, in the year of our Lord one thousand eight hundred and forty- eight. 2*. P. TEIST. LUIS G. CUEVAS. BEENAEDO CODTO. MIGL. ATEISTAIN. L. S. L. s.' L. s.' L. s.' PEOTOCOL. t. In the city of Queretaro, on the twenty-sixth of the month of May, eighteen hundred and forty-eight, at a conference between, their excel- lencies Uathan Clifford and Ambrose H. Sevier, Commissioners of the U. S. of A., with full powers from their Government to make to the Mexican Eepublic suitable explanations in regard to the amendments which the Senate and Government of the said United States have made in the treaty of peace, friendship, limits, and definitive settle- ment between the two Eepublics, signed in Guadalupe Hidalgo, on the second day of February of the present year; and His Excellency Don Luis de la Eosa, Minister of Foreign Affairs of the Eepublic of Mexico; it was agreed, after adequate conversation, respecting the changes al- luded to, to record in the present protocol the following explanations, which their aforesaid excellencies the Commissioners gave in the name of their Government and in fulfillment of the commission conferred upon them near the Mexicaln Eepublic: 1st. The American Government by suppressing the IXth article of 574 TREATIES AND CONVENTIONS. the treaty of Guadalupe Hidalgo and substituting the Hid article of the treaty of Louisiana, did not intend to diminish in any way what was agreed upon by the aforesaid article IXth in favor of the inhabit- ants of the territories ceded by Mexico. Its understanding is that all of that agreement is contained in the 3d article of the treaty of Louisi- ana. In consequence all the privileges and guarantees, civil, political, and religious, which would have been possessed by the inhabitants of the ceded territories, if the IXth article of the treaty had been retained, will be enjoyed by them, without any difference, under the article which has been substituted. 2d. The American Government by suppressing the Xth article of the treaty of Guadalupe did not in any way intend to annul the grants of lands made by Mexico in the ceded territories. These grants, notwith- standing the suppression of the article of the treaty, preserve the legal value which they may possess, and the grantees may cause their legiti- mate [titles] to be acknowledged before the American tribunals. Conformably to the law of the United States, legitimate titles to every description of property, personal and real, existing in the ceded territo- ries are those which were legitimate titles under the Mexican law in California and New Mexico up to the 13th of May, 1846, and in Texas up to the 2d March, 1836. 3d. The Government of the United States, by suppressing the con- cluding paragraph of article XHth of the treaty, did not intend to deprive the Mexican Eepublic of the free and unrestrained faculty of ceding, conveying, or transferring at any time (as it may judge best) the sum of the twelve millions of dollars which the same Government of the U. States is to deliver in the places designated by the amended article. And these explanations having been accepted by the Minister of For- eign Affairs of the Mexican Eepublic, he declared, in name of his Gov- ernment, that with the understanding conveyed by them the same Gov- ernment would proceed to ratify the treaty of Guadalupe, as modified by the Senate and Government of the U. States. In testimony of which, their Excellencies, the aforesaid Commissioners and the Minister have signed and sealed, in quintuplicate, the present protocol. SEAL. SEAL. SEAL. A. H. SEVIEB. NATHAN CLIFFOED. LUIS DE LA EOSA. ARTICLES REFERRED TO IN THE FIFTEENTH ARTICLE OF THE PRECED- ING TREATY. ( First and fifth articles of the unratified convention bettveen the United States and the Mexican Republic of the 20th November, 1843. Article I. All claims of citizens of the Mexican Eepublic against the Govern- ment of the United States which shall be presented iii the manner and time hereinafter expressed, and all claims of citizens of the United States against the Government of the Mexican Eepublic, which, for what- ever cause, were not submitted to, nor considered, nor finally decided by, the commission, nor by the arbiter appointed by the convention of 1839, and which shall be presented in the manner and time hereinafter specified, shall be referred to four commissioners, who shall form a board, and shall be appointed in the following manner, that is to say : MEXICO, 1853. 575 i Two commissioners shall be appointed by the President of the Mexican Eepublic, and the other two by the President of the United States, with the approbation and consent of the Senate. The said commissioners, thus appointed, shall, in presence of each other, take an oath to examine and decide impartially the claims submitted to them, and which may lawfully be considered, according to the proofs which shall be presented, the principles of right and justice, the law of nations, and the treaties between the two republics. Article V. All claims of citizens of the United States against the Government of the Mexican Eepublic, which were considered by the commissioners, and referred to the umpire appointed under the convention of the eleventh April, 1839, and which were not decided by him, shall be referred to, and decided by, the umpire to be appointed, as provided by this con- vention, on the points submitted to the umpire under the late conven- tion, and his decision shall be final and conclusive. It is also agreed, that if the respective commissioners shall deem it expedient, they may submit to the said arbiter new arguments upon the said claims. MEXICO, 1853. , TEEATY WITH MEXICO. CONCLUDED DECEMBER 30, 1853; RATIFICATIONS EXCHANGED JUNE 30, 1854; PROCLAIMED JUNE 30, .1854. In the name of Almighty God. The Eepublic of Mexico and the United States of America, desiring to remove every cause of disagreement which might interfere in any manner with the better friendship and intercourse between the two countries, and especially in respect to the true limits which should be established, when, notwithstanding what was covenanted in the treaty of Guadalupe Hidalgo in the year 1848, opposite interpretations have been urged, which might give occasion to questions of serious moment : To avoid these, and to strengthen and more firmly maintain the peace which happily prevails between the two republics, the President of the United States has, for this purpose, appointed James Gadsden, Envoy Extraordinary and Minister Plenipotentiary of the same near the Mexi- can Government, and the President of Mexico has appointed as Plenipo- tentiary " ad hoc" his excellency Don Manuel Diez de Bonilla, ge cavalier grand cross of the national and distinguished order of Guadalupe, and Secretary of State and of the office of Foreign Eela- tions, and Don Jose" Salazar Ylarregni and General Mariano Monterde, as scientific commissioners, invested with full powers for this negotia- tion ; who, having communicated their respective full powers, and finding them in due and proper form, have agreed upon the articles following : Article I. The Mexican Eepublic agrees to designate the following as her true limits with the United States for the future : Eetaining the B(mnd betwe(jn same dividing line between the two Californias as already ;££jj™ defined and established, according to the 5th article of the treaty of Guadalupe Hidalgo, the limits between the two republics shall be as follows : Beginning in the Gulf of Mexico, three leagues from land,. 576 TREATIES AND CONVENTIONS. opposite the mouth of the Kio Grande, as provided in the fifth article of the treaty of Guadalupe Hidalgo ; thence, as defined in the said article, up the middle of that river to the point where the parallel of 31° 47' north latitude crosses the same; thence due west one hundred miles; thence south to the parallel of 31° 20' north latitude ; thence along the said parallel of 31° 20' to the 111th meridian of longitude west of Green* wichj thence in a straight line to a point on the Colorado Eiver twenty English miles below the junction of the Gila and Colorado Bivers; thence up the middle of the said river Colorado until it intersects the present line between the United States and Mexico. For the performance" of this portion of the treaty, each of the two Li„e» to be „ur- Governments shall nominate one commissioner, to the end vered and marked that, foy common consent, the two thus nominated, having met in the city of Paso del Norte, three months after the exchange of the ratifications of this treaty, may proceed to survey and mark out upon the land the dividing line stipulated by this article, where it shall not have already been surveyed and established by the mixed commis- sion, according to the treaty of Guadalupe, keeping a journal and making proper plans of their operations. For this purpose, if they should judge it it necessary, the contracting parties shall be at liberty each to unite to its respective commissioner scientific or other assistants, such as astrono- mers and surveyors, whose concurrence shall not be considered necessary for the settlement and ratification of a true line of division between the two republics; that line shall be alone established upon which the com- missioners may fix, their consent in this particular being considered decisive and an integral part of this treaty, without necessity of ulterior ratification or approval, and without room for interpretation of any kind by either of the parties contracting. The dividing line thus established shall, in all time, befaithfully respect- ed by the two Governments, without any variation therein, unless of the express and free consent of the two, given in conformity to the princi- ples of the law of nations, and in accordance with the constitution of each country, respectively. In consequence, the stipulation in the 5th article of the treaty of Gua- dalupe upon the boundary line therein described is no longer of any force, wherein it may conflict with that here established, the said line being considered annulled and abolished wherever it may not coincide with 'the present, and in the same manner remaining in full force where in accordance with the same. Article II. The Government of Mexico hereby releases the United States from all iteieaee of the liability on account of the obligations contained in the obligate. o^Art e i even th article of the treaty of Guadalupe Hidalgo ; and Guadalupe Hidaijo. tne g^ ar ticle and the thti ty-third article of the treaty of amity, commerce, and navigation between the United States of America and the United Mexican States, concluded at Mexico on the fifth day of April, 1831, are hereby abrogated. Article III. In consideration of the foregoing stipulations, the Government of the Mexico « be paid United States agrees to pay to the Government of Mexico, ten minion don™. j n tne gj^y f jsj ew y or k 5 the sum of ten millions of dollars, of which seven millions shall be paid immediately upon the exchange of MEXICO, 1853. 577 the ratifications of this treaty, aiid the remaining three millions as soon as the boundary line shall be surveyed, marked, and established. Article IV. The provisions of the 6th and 7th articles of the treaty of Guadalupe Hidalgo having been rendered nugatory for the most part A r ticie B viandvii by the cession of territory granted in the first article of this ° d ai h p e ™td y ai 8 o G an'- treaty, the said articles are hereby abrogated and annulled, nMei - and the provisions as herein expressed substituted therefor. The ves- sels and citizens of the United States shall, in all time, have free and uninterrupted passage through the Gulf of Gali- through th p e a Guif e of fornia, to and from their possessions situated north of the c ' boundary line of the two countries. It being understood th at this passage is to be by navigating the Gulf of California and the river Colorado, and not by land, without the express consent of the Mexican Govern- ment ; and precisely the same provisions, stipulations, and restrictions, in all respects, are hereby agreed upon and adopted, and shall be scru- pulously observed and enforced, by the two contracting Governments, in reference to the Eio Colorado, ,so far and for such distance as the mid- dle of that river is made their common boundary line by the first article of this treaty. The several provisions, stipulations, and restrictions contained in the 7th article of the treaty of Guadalupe Hidalgo shall remain in force only so far as regards the Eio Bravo del Norte, of ^"or .Gu>da- below the initial of the said boundary provided in the first pT^SS"^™™ article of this treaty ; that is to say, below the intersection of the 31° 47' 30" parallel of latitude, with the boundary line established by the late treaty dividing said river from its mouth upwards, according to the 5th article of the treaty of Guadalupe. Article V. ' All the provisions of the eighth and ninth, sixteenth and seventeenth articles of the" treaty of Guadalupe Hidalgo, shall apply to ArtideB vra IX , the territory ceded by the Mexican Eepublic in the first ar- fZ\^of v aldi tide of the present treaty, and to all the rights of persons ^\^tl' J^ and property, both civil and ecclesiastical, within the same, herebr oeded - as fully and as effectually as if the said articles were herein again recited and set forth. Article VI. No grants of land within the territory ceded by the first article of this treaty bearing date subsequent to the day— twenty-fifth of Grant80f knd by September— when the Minister and subscriber to this treaty SS ffi^Zt on the part of the United States proposed to the Government '° be ™ lid: < of Mexico to terminate the question of boundary, will be considered valid or be recognized by the United States, or will any grants made previously be respected or be considered as obligatory which have not been located and duly recorded in the archives of Mexico. Article VII. Should there at any future period (which God forbid) occur any dis- agreement between the two nations which might lead to a Provisio „ in case rupture of their relations and reciprocal peace, they bind S^Se'two 8 ^ themselves in like manner to procure by every possible method U ° M - the adjustment of every difference; and should they still in this manner 37 578 TREATIES AND CONVENTIONS. not succeed, never will they proceed to a declaration of war without having previously paid attention to what has been set forth in article 21 of the treaty of Guadulupe for similar cases ; which article, as well as the 22d, is here re- affirmed. Article VIII. The Mexican Government having on the 5th of February, 1853, author- provisions reject i ze( l the early construction of a plank and rail road across ireSnSofTehu- the Isthmus of Tehuantepec, and, to secure the stable benefits antepec. of said transit way to the persons and merchandize of the citizens of Mexico and the United States, it is stipulated that neither Government will interpose any obstacle to. the transit of persons and merchandize of both nations ; and at no time shall higher charges be made on the transit of persons and property of citizens of the United States than may be made on the persons and property of other foreign nations, nor shall any interest in said transit way, nor in the proceeds thereof, be transferred to any foreign government. The United States, by its agents, shall have the right to transport Tr n» or ation of across the isthmus, in closed bags, the mails of the United maiiTan" property States not intended for distribution along the line of com- munication; also the effects of the United States Govern- ment and its citizens, which may be intended for transit, and not for distribution on the isthmus, free of custom-house or other charges by the Mexican Government. Neither passports nor letters of security will be required of persons crossing the isthmus and not remaining in the country. When the construction of the railroad shall be completed, the Mexican portofentrytobe Government agrees to open a port of entry in addition to the opened. ^ ov ^ f y era o ruZj a t or near the terminus of said road on the Gulf of Mexico. The two Governments will enter into arrangements for the prompt transit of troops and munitions of the United. States, which Transportation rt (1 . n , . . in , troops and munitions that Government may have occasion to send from one part of its territory to another, lying on opposite sides of the continent. The Mexican Government having agreed to protect with its whole united states ma? , power the prosecution, preservation, and security of the protect tie road. ' W ork, the United States may extend its protection as it shall judge wise to it when it may feel sanctioned and warranted by the pub- lic or international law. Article IX. This treaty shall be ratified, and the respective ratifications shall be exchanged at the city of Washington within the exact period of six months from the date of its signature, or sooner if possible. In testimony whereof we, the Plenipotentiaries of the contracting par- ties, have hereunto affixed our hands and seals at Mexico, the thirtieth (30th) day of December, in the year of our Lord one thousand eight hun- dred and fifty-three, in the thirty-third year of the Independence of the Mexican Eepublic, and the seventy-eighth of that of the United States. JAMES GADSDEN. MANUEL DIEZ DE BONILLA. JOSE SALAZAE YLAEEEGUI. J. MAEIANO MONTEEDE. L. S. L. S. L. S. L. S.' MEXICO, 166J. 579 MEXICO, 1861. TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF MEXICO FOR THE EXTRADITION OF CRIMINALS. CONCLUDED AT MEXICO DECEMBER 11, 1861; RATIFICATIONS EXCHANGED AT MEXICO, MAY 20, 1862 ; PROCLAIMED JUNE 20, 1862. Treaty between the United States of America and the United Mexican States, for the Extradition of Criminals. The United States of America and the United Mexican States, having judged it expedient, with a view to the better administration of justice and -to the prevention of crime within their respective territories and jurisdictions, that persons charged with the crimes hereinafter enu- merated, and being fugitives from justice, should, under certain circum- stances, be reciprocally delivered up, have resolved to conclude a treaty for this purpose, and have named as their respective Plenipotentiaries, that is to say : % The President of the United States of America has appointed Thomas Oorwin, a- citizen of the United States, and their Envoy Extraordinary and Minister Plenipotentiary near the Mexi- can Government ; and the President of the United Mexican States has appointed Sebastian Lerdo de Tejada, a citizen of the said States, and a Deputy of the Congress of the Union ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles : Article I. It is agreed that the contracting parties shall, on requisitions made in their name, through the medium of their respective 'diplomatic agents, deliver up to justice persons who, being cenS^CTiSfcom! accused of the crimes enumerated in article third of the !KyUd uiZn' present treaty, committed 'within the jurisdiction of the qms ' t '°" requiring party, shall seek an asylum, or shall be found what ' proor „. within the territories of the other: Provided, That this ' l " irei - shall be done only when the fact of the commission of the crime shall be so established as that the laws of the country in which the fugitive or the person so accused shall be found, would justify his or her apprehension and commitment for trial if the crime had been there committed. Article II. In the case of crimes committed in the frontier States or Territories of the two contracting parties, requisitions may be made CrilMB coramitted through their respective diplomatic agents, or througfh] the jS'S^™' chief civil authority of said States or Territories, or «»™ti°»i>°™,te. through such chief civil or judicial authority of the districts or counties bordering on the frontier as may for this purpose be duly authorized by the said chief civil authority of the said frontier States or Territo- ries, or when, from any cause, the civil authority of such State or Terri- tory shall be suspended, through the chief military officer in command of such State or Territory. 580 TREATIES AND CONVKNTIONS. Article III. Persons shall be so delivered up who shall be charged, according to the provisions of this treaty, with any of the followine Crimea for which . * , . -, . . "i ' . -. & silvery i. to be crimes, whether as principals, accesories, or accomplices, to wit: Murder, (including assassination, parricide, infanti- cide, and poisoning;) assault with intent to commit murder; mutila- tion; piracy; arson; rape; kidnapping, defining the same to be the taking and carrying away of a free person by force or deception ; for- gery, including the forging or making, or knowingly passing or putting in circulation counterfeit coin or bank notes, or other paper current as money, with intent to defraud any person or persons; the introduction or making of instruments for the fabrication of counterfeit coin -or bank notes, or other paper current as money ; embezzlement of public moneys; robbery, defining the same to be the felonious and forcible taking from the person of another of goods or money to any value, by violence or putting him in fear ; burglary, defining the same to be breaking and entering into the house of another with intent to commit felony ; and the crime of larceny of cattle, or other goods and chattels, of the value of twenty-fiVe dollars or more, when the same is committed within the frontier States or Territories of the contracting parties. Article IV. On the part of each country the surrender of fugitives from justice surrender o be sna ^ be ma de ° n ly by the authority of the Executive thereof, m a de rr onVby e°eci° except in the case of crimes committed within the limits of the frontier States or Territories, in which latter case the surrender may be made by the chief civil authority thereof, or such chief civil or judicial authority of the districts or counties bordering on the frontier as may for this purpose be duly authorized by the said chief civil authority of the said frontier States or Territories, or if, from any cause, the civil authority of such State or Territory shall be suspended, then such surrender may be made by the chief military officer in com-, mand of such State or Territory. , Article V. All expenses whatever of detention and delivery effected in virtue of e* e n8 e» or deten ®* e preceding provisions shall be borne and defrayed by the tion* p arX SeiiveS! Government or authority of the frontier State or Territory how to be borne. . ., r ...... , , _ in whose name the requisition shall have been made. Article VI. The provisions of the present treaty shall not be applied in any man- poiiticai offence, ner to any crime or offence of a purely political character, not included. nor g^aH it embrace the return of fugitive slaves, nor the Fuuifee .lave.. delivery of criminals who, when the offence was committed, shall have been held in the place where the offence was committed in the condition of slaves, the same being expressly forbidden by the Constitution of Mexico; nor shall the provisions of the present treaty be applied in any manner to the crimes enumerated in the third article committed anterior to the date of the exchange of the ratifications hereof. citan, „ot to be Neither of the contracting parties shall be bound to de- eu„endered. jj yer u p -ftg own citizens under the stipulations of this treaty. 581 Article VII. Treaty, how long t o continue. This treaty shall continue in force until it shall be abro- gated by the contracting parties, or one of them ; but it shall not be abrogated except by mutual consent, unless the party desiring to abrogate it shall give twelve months' pre- vious notice. Article VIII. The present treaty shall be ratified in conformity with the Oonstitu tions of the two countries, and the ratifications shall be ex- EatiflC!1 t i0 „ 3 , whe „ changed at the city of Mexico within six months from the ^^^^^i. date hereof, or earlier if possible. ' In witness whereof we, the Plenipotentiaries of the United States ot America and of the United Mexican States, have signed and sealed these presents. Done in the city of Mexico on the eleventh day of December, in the year of our Lord one thousand eight hundred and sixty-one, the eighty-sixth of the Independence of the United States of America, and the forty-first 'of that of the United Mexican States. THOS. CORWIN. SEB'N LERDO'DE TEJADA. L. S. L. S. MEXICO, 1868. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE RE- PUBLIC OF MEXICO FOR THE ADJUSTMENT OF CLAIMS. CONCLUDED JULY 4, 1868; RATIFICATIONS EXCHANGED FEBRUARY 1, 1869; PRO- CLAIMED FEBRUARY 1, 1869. Whereas it is desirable to maintain and increase the friendly feelings between the United States and the Mexican Republic, and so to strengthen the system and principles of republican government on the American continent; and whereas since the signature of the treaty of Guadalupe Hidalgo, of the 2d of February, 1848, claims and complaints have been made by citizens of the United States, on account of injuries to their persons and their property by authorities of that republic, and similar claims and complaints have been made on account of injuries to the per- sons and property of Mexican citizens by authorities of the United States, the President of the United States of America and the President of the Mexican Republic have resol ved to con- Co " lractme ""'""• elude a convention for the adjustment of the said claims and complaints, and have named as their Plenipotentiaries, the President of the United States, William H. Seward, Secretary of State ; and the President of the Mexican Republic, Matias Romero, accredited as Envoy Extraordi- nary and Minister Plenipotentiary of the Mexican Republic to the United States; who, after having communicated to each other their respective full powers, found in good and due form, have agreed to the following articles : • Article I. All claims on the part of corporations, companies, or private individ- uals, citizens of the United States, upon the Government of C]aln the Mexican Republic, arising from injuries to their persons SJ or property by authorities of the Mexican Republic, and all Claims upon both countries to be sub- to the cotn- miBsionera. 582 TREATIES AND CONVENTIONS. claims on the part of corporations, companies, or private individuals, citizens of the Mexican Eepublic, upon the Government of the United States, arising from injuries to their persons or property by authorities of the United States, which may have been presented to either Govern- ment for its interposition with the other since the signature of the treaty of Guadalupe Hidalgo between the United States and the Mexican Ee- public of the 2d of February, 1848, and which yet remain unsettled, as well as any other such claims which may be presented within the time hereinafter specified, shall be referred to two commissioners, one to be appointed by the President of the United States, by and with the advice and consent of the Senate, and oDe by the President of the Mexican Be- rr°vi„„„ f™ th B public. In case of the death, absence, or incapacity of either ofelthefSmSi.: coniinissioner, or in the event of either commissioner omit- sioner. ting or ceasing to act as such, the President of the United States or the President of the Mexican Eepublic, respectively, shall forthwith name another person to act as commissioner in the place or stead of the commissioner originally named. The commissioners so named shall meet at Washington raeeTlnwaStoS within six months after the exchange of the ratifications of wth.„ »,x months, ^jg convention,, and shall, before proceeding to business, to subscribe a make and subscribe a solemn declaration that they will im- whicT sitifbe"""- partially and 'carefully examine and decide, to the best of tered or record. their judgment, and according to public law, justice, and equity, without fear, favor, or affection to their own country, upon all such claims above specified as shall be laid before them on the part of the Governments of the United States and of the Mexican Eepublic, respectively ; and such declaration shall be entered on the record of their proceedings. The commissioners shall then name some third person to act as an commiasior.era to umpire in any case or cases on which they may themselves name an umpire, differ in opinion. If they should not be able to agree upon ir the? cannot the name of such third person, they shall each name a per pfrTeaTahairmme son, and in each and every case in which the commissioners b p i3ed n o r io*t h m may differ in opinion as to the decision which they ought to S^M^ct^um- give, it shall be determined by lot which of the two persons pire in mat case. so named shall be umpire in that particular case. The per- son or persons so to be chosen to be umpire shall, before proceeding to act as such in any case, make and subscribe a solemn dec- acSeTaoiemn dec- laration in a form similar to that which shall already have been made and subscribed by the commissioners, which shall be entered on the record of their proceedings. In the event of the death, absence, or incapacity of such person or persons, or of his or their omitting, or declining, or ceasing to act as such umpire, to^ct,™^ Sher another and different person shall be named, as aforesaid, may be named. tQ act ag sn(i ^ um pi rej j n ^he place of the person so origi- nally named, as aforesaid, and shall make and subscribe such declaration as aforesaid. Article II, The commissioners shall then conjointly proceed to the investigation commissioner, to and decision of the claims which shall be presented to their eatTtnu'Ve™"" notice, in such order and in such manner as they may con- cerns: jointly think proper, but upon such evidence or information only as sball be furnished by or on behalf of their respective Modeorproceedina. governinentSi They shall be bound to receive and peruse all written documents or statements which may be presented to them MEXICO, 1868. 583 by or on behalf of their respective governments in support of, or in answer to" any claim, and to hear, if required, one person on each side- on behalf of each government on each and every separate claim. Should they fail to agree in opinion upon any individual claim, Dfn pi ret0 b eC aii e d they shall call to their assistance the umpire whom they ''"• '''• *■'■ may have agreed to name, or who may be determined by lot, as the case maybe; and such umpire, after having examined the evidence adduced for and against the claim, and after having heard, if required, one person on each side as aforesaid, and consulted with the commis- sioners, shall decide thereupon finally and without appeal. The decision of the commissioners and of the umpire shall be given upon De< . isi0 „, t0 be each claim in writing, shall designate whether any sum Bive ° i ° writing - which may be allowed shall be payable in gold or in the currency of the United States, and shall be signed by them respectively. It Each Governme „t shall be competent for each government to name one per- r."™™""' son to attend the commissioners as agent on its behalf, to "■ i »™»™ it3bel "> lt present and support claims on its behalf, and to answer claims made upon it, and to represent it generally in all matters connected with the , investigation and decision thereof. The President of the United States of America and the President of the Mexican Republic hereby solemnly and sincerely engage be to consider the decision of the commissioners conjointly, or abaS?^™? *£ of the umpire, as the case may be, as absolutely final, and effect™' be" given conclusive upon each claim decided ^ upon by them or him, respectively, and to give full effect to such decisions without any objec- tion, evasion, or delay whatsoever. It is agreed that no claim arising out of a transaction of No claiin t be a date prior to the 2d of February, 1848, shall be admissible f°2iwl™,ili™ under this convention. priori Feb. 2, i848. Article III. ■ » Every claim shall be presented to the commissioners within eight months from the day of their first meeting, unless, in any Cli , ims to b0 pre . case where reasons for delay shall be established to the sat- Swtwwof isfaction of the commissioners, or of the umpire in the event ^eV^. meetine ' of the commissioners differing in opinion thereupon, and then i -i ,1 • t ,, , • , 1 -1 ■ Time not to be ex- and in any such case the period for presenting the claim tended for over three may be extended to any time not exceeding three months longer. The commissioners shall be bound to examine and decide upon every claim within two years and six months from the day of their Commis ., ioner8 t0 first meeting. It shall be competent for the commissioners SVft™ "„S conjointly, or for the umpire if they differ, to decide in each ti ™ case whether any claim has or has not been duly made, preferred, and laid before them, either wholly or to any and what extent, according to the true intent and meaning of this convention. Article IV. When decisions shall have been made by the commissioners and the arbiter in every case which shall have been laid before them, Th8 i f ^ the total amount awarded in all the cases decided in- favor of th«" 7t".^VJM of the citizens of the one party shall be deducted from the eT'VJo'm thM ? uc £ total amount awarded to the . citizens of the other party, X'oteoSS! and the balance, to the amount of three hundred thousand Se '"« "t dollars, shall be paid at the city of Mexico or at the city of b"&t moSt Wg.ahinpt.nn in o-nlfl nr itg PmiiiTglATit. within twelve months ^ 584 TREATIES AND CONVENTIONS. from the close of the commission, to the government in favor of whose citizens the greater amount may have been awarded, without interest or any other deduction than that specified in Article VI of this conven- tion. The residue of the said balance shall be paid in The residue of the . . , , . . -, . , , t *- ., b,i M ce, when a nd annual instalments to an amount not exceeding three hundred thousand dollars, in gold or its equivalent, in any one year until-the whole shall have been paid. ARTICLE V. The high contracting parties agree to consider the result of the pro- This commusien, ceedings of this commission as a full, perfect, and final set- finafteuiement'ol tlement of every claim upon either government arising out SSlonhe'rS of any transaction of a date prior to the exchange of the neationa hereof. ratifications of the present convention ; and further engage that every such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said commission, shall, from and after the conclusion of the proceedings of the said com- mission, be considered and treated as finally settled, barred, and thenceforth inadmissible. Article VI. The commissioners and the umpire shall keep an accurate record and Re 5 ord. of the correct minutes of their proceedings, with the dates. For LmmfsiS of the that purpose they shall appoint two secretaries versed in secretaries. the language of both countries to assist them in the trans- action of the business of the commission. Each government shall' pay to its commissioner an amount of salary not ex- ceeding forty-five hundred dollars a year in the currency of the United States, which amount shall be the same for both governments. The amount of compensation to be paid to the umpire shall be determined by mutual consent at the close of the commission, but necessary and reasonable advances may be made by each government upon the joint recommendation of the commission. The salary of the secretaries shall not exceed the sum of twenty -five hundred dollars a year in the currency whole ex enses °^ ^© United States. The whole expenses of the commission, - to be de e ducted pe f°om including contingent expenses, shall be defraved bv a ratable sums awarded, but t i <• .i V n ,i n -i n t i not to exceed Ave deduction on the amount or the sums awarded by the com- mission, provided always that such deduction shall not exceed five per cent, on the sums so awarded. The deficiency, if any, shall be defrayed in moieties by the two governments. Article VII. The present convention shall be ratified by. the President of the United unifications, when States, by and with the advice and consent of the Senate to be excha M e'd. thereof, and by the President of the Mexican Republic, with the approbation of the Congress of that Eepublic; and the ratifications shall be exchanged at Washington within nine months from the date hereof, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at Washington, the fourth day of July, in the year """"" of our Lord one thousand eight hundred and sixty-eight. WILLIAM H. SEWAED. M. EOMEEO. l. s. L. s. MEXICO, 1S68. 585 MEXICO, 1868. CONVENTION BETWEEN THE UNITED STATES OP AMERICA AND THE REPUBLIC OF MEXICO, FOR REGULATING THE CITIZENSHIP OF EMI- GRANTS. CONCLUDED JULY 10, 1868; RATIFICATIONS EXCHANGED FEB- RUARY 1, 1869; PROCLAIMED FEBRUARY 1, 1869. The President of the United States of America and the President of the Eepublie of Mexico, being desirous of regulating the Contractii]g artiM citizenship of persons who emigrate from Mexico to the United States of America, and from the United States of America to the Eepublie of Mexico, have decided to treat on this subject, and with this object have named as Plenipotentiaries, the President of the United States, William H. Seward, Secretary of State; and the' President of Mexico, Matias Eomero, accredited as Envoy Extraordinary and Minis- ter Plenipotentiary of the Eepublie of Mexico near the Government of the United States; who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles: Article I. Those citizens of the United States who have been made citizens of the Mexican Eepublie by naturalization, and have resided, Citizem of the one without interruption, in Mexican territory five years, shall S'ttf o£" r to z bJ be held by the United States as citizens of the Mexican * i °"e™ d of t sui t o d th« Eepublie, and shall be treated as such. Eeciprocally, citi- c <""" r5r - zens of the Mexican Eepublie who have become citizens of the United States, and who have resided uninterruptedly in the territory of the United States for five years, shall be held by the Eepublie of Mexico as citizens of the United States, and shall be treated as such. The decla- ration of an intention to become a citizen of the one or the other country has not for either party the effect of naturali- tenSnto biL'". zation. This article shall apply as well to those already c tb^ka^m.^Si- naturalized in either of the countries contracting as to those hereafter naturalized. Article II. Naturalized citizens of either of the contracting parties, on return to the territory of the other, remain liable to trial and punish- Naturn i ized em- inent for an action punishable by the laws of his original l^iT™*?, nt- country, and committed before his emigration; saving al- "LiVmrniui be- way s the limitations established by his- original country. fore emigration. Article III. • The convention for the surrender in certain cases of criminals, fugi- tives from justice, concluded between the United States of Co » vention of De . America of the one part, and the Mexican Eepublie on the t T?"xt"'diX r f other part, on the eleventh day of December, one thousand t'^Z^TJlvu eight hundred and sixty-one, shall remain in full force with- force - out any alteration. Article IV. If a citizen of the United States naturalized in Mexico renews his residence in the United States without the intent to return Haturali!!at , onihow to Mexico, he shall be held to have renounced his naturali- maybe ™°™°a- 586 TREATIES AND CONVENTIONS. zation in Mexico. Eeciprocally, if a Mexican naturalized in the United States renews his residence in Mexico without the intent to return to the United States, he shall be held to have renounced his naturalization in the United States. The intent not to return may he held to exist when the person natu- ralized in the one country resides in the other country more When the intent - ■ J ■ ■ ~ - not to return may be held to exist. . -, . - . ~ evidence to the contrary. >y than two years, but this presumption may be rebutted by Article V. The present convention shall go into effect immediately on the exchange whe„ thu co„ven- of ratifications, and it shall remain in full force for ten years. Sd towicSJ remain If neither of the contracting parties shall give notice to the in force. other six months previously of its intention to terminate the same, it shall further remain in force until twelve months after either of the contracting parties shall have given notice to the other of such in- tention. Article VI. The present convention shall be ratified by the President of the United Ratifications, when States, by and with the advice and consent of the Senate to be exchanged. thereof, and by the President of the Mexican Eepublic, with the approval of the Congress of that republic, and the ratifications shall be exchanged in Washington within nine months from the date hereof. In faith whereof the Plenipotentiaries have signed and sealed this convention at the city of Washington, this tenth day of July, in the year of our Lord one thousand eight hundred and sixty-eight. WILLIAM H. SEWAED. [l. s.] M. EOMEEO. [L. s v [The treaty of Guadalupe Hidalgo did not protect the rights of prop- erty of Mexican citizens in the former Eepublic of Texas. (McKinney vs. Saviego, 18 Howard, 235.)] MEXICO, 1871. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED STATES OF MEXICO FOR EXTENSION OF THE DURATION OF THE JOINT COMMISSION FOR SETTLEMENT OF CLAIMS. SIGNED APRIL 19, 1871; RATIFICATIONS EXCHANGED FEBRUARY 8, 1872; PROCLAIMED FEBRUARY 8, 1872. Whereas a convention was concluded on the 4th day of July, 1868, between the United States of America and the United States of Mexico, for the settlement of outstanding claims that have originated since the signing of the treaty of Guadalupe Hidalgo, on the 2d of February, 1848, by a mixed commission limited to endure for two years and six months from the day of the first meeting of the commissioners ; and whereas doubts have arisen as to the practicability of the business of the said commission being concluded within the period assigned : The President of the United States of America and the President of the contracting parties ^ited States of Mexico are desirous that the time originally fixed for the duration of the said commission should be MEXICO, 1871. 587 extended, and to this end have named Plenipotentiaries to agree upon the best mode of effecting this object that is to say: The President of the United States of America, Thomas H. Nelson, accredited as Envoy Extraordinary and Minister Plenipotentiary of the United States of America to the Mexican Republic; and the President of the United States of Mexico, Manuel Azpiroz, Chief Clerk and in. charge of the Ministry of Foreign Relations of the United States of Mexico ; who, after having presented their respective powers, and finding them sufficient and in due form, have agreed upon the following articles : Article I. The high contracting parties agree tbat the term assigned in the con- vention of the 4th of July, 1868, above. referred to, for the t i ■ n ,-t • i • . -1-111 j_ -1-i.p Duration of joint duration oi the said commission, shall be extended lor a »»»«« for «*- . . , f .. . -i -i i ii <• tlement of claims time not exceeding one year irom the day when the tunc- exuded for one tions of the said commission would terminate according to rear ' the convention referred to, or for a shorter time if it should be deemed sufficient by the commissioners, or the umpire in case of their disagree- ment. It is agreed that nothing contained in this article shall in anywise alter or extend the time originally fixed in the said convention for the presentation of claims to the mixed commission. Article II. When this conven- tion is to be ratified. The present convention shall be ratified, and the ratifica- tions shall be exchanged at Washington, as soon as possible. In witness whereof the above-mentioned Plenipotentiaries have signed the same and affixed their respective seals. Done in the city of Mexico the 19th day of April, in the year one thousand eight hundred and seventy-one. THOMAS H. NELSON. MANUEL AZPIROZ. SEAL. SEAL. MOROCCO. MOROCCO, 1787. TEEATY OF PEACE AND FRIENDSHIP BETWEEN THE UNITED STATES OF AMERICA AND HIS IMPERIAL MAJESTY THE EMPEROR OF MOROCCO. CONCLUDED JANUARY, 1787; RATIFIED BY THE CONGRESS OF THE UNITED STATES JULY 18, 1787. To all persons to whom these presents shall come or be made known : Whereas the United States of America, in Congress assembled, by their commission bearing date the twelfth day of May, one thousand seven hundred and eighty-four, thought proper to constitute John Adams, Benjamin Franklin, and Tbomas Jefferson, their Ministers Plenipoten- tiary, giving to them, or a majority of them, full powers to confer, treat, and negotiate with the Ambassador, Minister, or Commissioner of his Majesty the Emperor of Morocco, concerning a treaty of amity and commerce; to make and receive propositions for such treaty, and to conclude and sign the same, transmitting it to the United States in Con- gress assembled, for their final ratification ; and by one other commis- sion, bearing date the eleventh day of March, one thousand seven hun- dred and eighty-five, did further empower the said Ministers Plenipoten- tiary, or a majority of them, by writing under their hands and seals, to appoint such agent in the said business as they might think proper, with authority under the directions and instructions of the said Minis- ters, to commence and prosecute the said negotiations and conferences for the said treaty, provided that the said treaty should be signed by the said Ministers: And whereas we, the said. John Adams and Thomas Jefferson, two of the said Ministers Plenipotentiary, (the said Benjamin Franklin being absent,) by writing under the hand and seal of the said John Adams at London, October the fifth, one thousand seven hundred and eighty-five, and of the said Thomas Jefferson at Paris, October the eleventh of the same year, did_ appoint Thomas Barclay agent in the business aforesaid, giving him 'the powers therein, which, by the said second commission, we were authorized to give, and the said Thomas Barclay, in pursuance thereof, hath arranged articles for a treaty of amity and commerce between the United States of America and His Majesty the Emperor of Morocco, which articles, written in the Arabic language, confirmed by His said Majesty the Emperor of Morocco, and sealed with his royal seal, being translated into the language of the said United States of America, together with the attestations thereto annexed, are in the following words, to wit : [ROYAL SEAL.] In the name of Almighty God. This is a treaty of peace and friendship established between ife and the United States of America, which is confirmed, and which we have ordered to be written in this book, and sealed with our royal seal, at our court of Morocco, on the twenty-fifth day of the blessed month of Sha- MOROCCO, 1787. 589 ban, in the year one thousand two hundred, trusting in God it will re- main permanent. . ' Article I. We declare that both parties have agreed that this treaty, consisting of twenty-five articles, shall be inserted in this book, and ■ Bmpmx ; comw t delivered to the Honorable Thomas Barclay, the agent of t0 the trenty - the United States, now at our court, with whose approbation it has been made, and who is duly authorized on their part to treat with us con- cerning all the matters contained therein. Article II. If either of the parties shall be at war with any nation whatever, the other party shall not take a commission from the enemy, C on,mi 9 »ionB from nor fight under their colors. an enemy. Article III. If either of the parties shall be at war with any nation whatever, and take a prize belonging to that nation, and there shall be cmo of ^ tures found on board subjects or effects belonging to either of the parties, the subjects shall be set at liberty, and the effects returned to the owners. And if any goods belonging to any nation, with whom either of the parties shall be at war, shall be loaded on vessels belonging to the other party, they shall pass free and unmolested, without any attempt being made to take or detain them. Article IV. A signal or pass shall be given to all vessels belonging to both parties, by which they are to be known when they meet at sea; and sigMl to be Bive „ if the commander of a ship of war of either party shall have to ' e »» Bl3 - other ships under his convoy, the declaration of the commander shall alone be sufficient to exempt any of them from examination. Article V. If either of the parties shall be at war, and shall meet a vessel at sea belonging to the other, it is agreed, that if an examination is to be made, it shall be done by sending a boat with two be^LIS 81 ^" or three men only ; and if any gun shall be fired, and injury ° f ""' done without reason, the offending party shall make good all damages. Article VI. If any Moor shall bring citizens of the United States, or their effects, to His Majesty, the citizens shall immediately be set at liberty, and the effects restored ; and in like manner, if any u£t.V%\ates of * p e . Moor, not a subject of these dominions, shall make prize of ta!ei ' any of the citizens of America, or their effects, and bring them into any of the ports of His Majesty, they shall be immediately released, as they will then be considered as under His Majesty's protection. Article VII. If any vessel of either party shall put into a port of the other, and have occasion for provisions or other supplies, they shall be rea «,, w „ ntlng furnished without any interruption or molestation. aupi>liee - 590 TREATIES AND CONVENTIONS. Article VIII. If any vessel of the United States shall meet with a disaster at sea, pro*™™ i- o.e and put into one of our ports to repair, she shall be at ormi»fortune. liberty to land and re-load her cargo, without paying any duty whatever. Article IX. If any vessel of the United States shall be cast on shore on any part of our coasts, she shall remain at the disposition of the sh.pwreok. owners, and no one shall attempt going near her without their approbation, as she is then considered particularly under our pro- tection ; and if any vessel of the United States shall be forced to put into our ports by stress of weather or otherwise, she shall not be com- pelled to land her cargo, but shall remain in tranquillity until the com- mander shall think proper to proceed on his voyage. Article X. If any vessel of either of the parties shall have an engagement with ve>«ei> protected a vessel belonging to any of the Christian Powers within in certain cases. gun-shot of the forts of the other, the vessel so engaged shall be defended and protected as much as possible until she is in safety ; and if any American vessel shall be cast on shore on the coast of Wad- noon, or any coast thereabout, the people belonging to her shall be pro- tected and assisted, until, by the help of God, they shall be sent to their country. Article XI. If we shall be at war with any Christian Power, and any of our vessels privileges of vessels sail from the ports of the United States, no vessel belong- in oa»e of war. j n g t0 ^ e enem y shall follow until twenty-four hours after the departure of our vessels ; and the same regulation shall be observed towards the American vessels sailing from our ports, be their enemies Moors or Christians. Article XII. If any ship of war belonging to the United States shall put into any of our ports, she shall not be examined on any pretence what- lon^ to Lj7i"i r to e ^Zr t<,° bel- aud if there shall prove a deficiency on either side, it shall be made up by the payment of one hundred Mexican dollars for each person wanting. And it is agreed that all prisoners shall be exchanged in twelve months from the time of their being taken, and that this ex- change may be effected by a merchant or any other person authorized by either of the parties. Article XVII. Merchants shall not be compelled to buy or sell any kind of goods but such as they shall think proper ; and may buy and sell MerchBnt3raa bu all sorts of merchandise but such as are prohibited to the f/p£f '°°™, ™- other Christian nations. Article XVIII. All goods shall be weighed and examined before they are sent on board, and to avoid all detention of vessels, no examination g ^ shall afterwards be made, unless it shall first be proved that am£e/bcVe e a"t contraband goods have been sent on board, in which case the persons who took the contraband goods on board shall be punished according to the usage and custom of the country, and no other person whatever shall be injured, nor shall the ship or cargo incur any penalty or damage whatever. Article XIX. No vessel shall be detained in port on any pretence whatever, nor be obliged to take on board any article without the consent of V e Sse i» not to be the commander, who shall be at full liberty to agree for the deti i ined - freight of any goods he takes on board. Article XX. If any of the citizens of the United States, or any persons under their protection, shall have any disputes with each other, the Con- D i.p«te. sul shall decide between the parties, and whenever the Con- sul shall require any aid or assistance from our Government, to enforce his decisions, it shall be immediately granted to him. Article XXI. If a citizen of the United States should kill or wound a Moor, or, on 592 TREATIES AND CONVENTIONS. the contrary, if a Moor shall kill or wound a citizen of the United States, the law of the country shall take place, and equal justice shall be rendered, the Consul assisting at the trial ; and if any delinquent shall make his escape, the Consul shall not be answerable for him in any manner whatever. Article XXII. If an American citizen shall die in oar country, and no will shall Estate, of deceased appear, the Consul sball take possession of his effects; and citizens. if there shall be no Consul, the effects shall be deposited in the hands of some person worthy of trust, until the party shall appear who has a right to demand them ; but if the heir to the person deceased be present, the property shall be delivered to him without interruption; and if a will shall appear, the property shall descend agreeable to that will as soon as the Consul shall declare the validity thereof. t Article XXIII. t The Consuls of the United States of America shall reside in any sea- consuis and their P° r t of ° ur dominions that they shall think proper ; and privileges. ^gy sna n k e respected an,d enjoy all the privileges which the Consuls of any other nation enjoy ; and if any of the citizens of the United States shall contract any debts or engagements, the Consul shall not be in any manner accountable for them, unless he shall have given a promise in writing for the payment or fulfilling thereof, without which promise, in writing, no application to him for any redress shall be made. Article XXIY. If any differences shall arise by either party infringing on any of the articles of this treaty, peace and harmony shall remain not- withstanding! in the fullest force, until a friendly application shall be made for an arrangement, and until that application shall be rejected, no appeal shall be made to arms. And if a war shall break out between the parties, nine months shall be granted to all the subjects of both parties, to dispose of their effects and retire with their property. And it is further declared, that whatever indulgences, in trade or other- wise, shall be granted to any of the Christian Powers, the citizens of the United States shall be equally entitled to them. Article XXY. This treaty shall continue in full force, with the help of Duration of treaty. g-* -, „ r*n, ' God, for fifty years. We have delivered this book into the hands of the beforementioned Thomas Barclay, on the first day of the blessed month of Eamadan, in the year one thousand two hundred. 1 certify that the annexed is a true copy of the translation made by Isaac Cardoza Nunez, interpreter at Morocco, of the treaty between the Emperor of Morocco and the United States of America. THOS. BAECLAT. ADDITIONAL ABTICLE. Grace to the only God. I, the under- written, the servant of God, Taher Ben Abdelkack Ten- MOROCCO, 1836. 593 nish, do certify that His Imperial Majesty, my master, (whom God preserve,) having concluded a treaty of peace state™ 6 to°be Vn S and commerce with the United States of America, has ordered me, the better to compleat it, and in addition of the tenth arti- cle of the treaty to declare, " That if any vessel belonging to the United States shall be in any of the ports of His Majesty's dominions, or within gun-shot of his forts, she shall be protected as much as possible ; and no vessel whatever, belonging either to Moorish or Christian Powers, with whom the United States may be at war, shall be permitted to fol- low or engage her, as we now deem the citizens of America our good friends." And, in obedience to His Majesty's commands, I certify this declara- tion, by putting my hand and seal to it, on the eighteenth day of Rama- dan, (a) in the year one thousand two hundred. The servant of the King, my master, whom God preserve, TAHER BEN ABDELKACK TENNISH. I do certify that the above is a true copy of the translation made at Morocco, by Isaac Cordoza Nunez, interpreter, of a declaration made and signed by Sidi Hage Taher Tennish, in addition to the treaty be- tween the Emperor of Morocco and the United States of America, which declaration the said Taher Tennish made by the express directions of His Majesty. THOS. BARCLAY. Now, know ye, that we, the said John Adams and Thomas Jefferson, Ministers Plenipotentiary aforesaid, do approve and conclude the said treaty, and every article and clause therein contained, reserving the same nevertheless to the United States in Congress assembled, for their final ratification. In testimony whereof, we have signed the same with our names and seals, at the places of our respective residence, and at the dates expressed under our signatures respectively. JOHN ADAMS, [l. s.] London, January 25th, 1787. THOM. JEFFERSON, [L. s.] Paris, January 1st, 1787. MOROCCO, 1836. TREATY WITH MOROCCO. CONCLUDED SEPTEMBER 16, 1836; RATIFIED BY THE PRESIDENT OF THE UNITED STATES JANUARY 28, 1837, AND PROCLAIMED BY HIM JANUARY 30, 1837. In the name of God, the Merciful and Clement ! o a a m Abd Errahman Ibenu Kesham, whom God exalt ! (a) The Ramadan of the year of the Hegira 1200, commenced on the 28th of June, in the year of our Lord 1786. 38 594 treaties and conventions. Praise be to God ! This is the copy of the treaty of peace which we have made with the Americans, and written in this book ; affixing thereto our blessed seal, that, with the help of God, it may remain firm forever. Written at Meccanez, the City of Olives, on the 3d day of the month Jumad el lahhar, in the year of the Hegira 1252. (Corresponding to September 16, A. D. 1836.) Article I. We declare that both parties have agreed that this treaty, consisting of twenty five articles, shall be inserted in this book, and delivered to James R. Leib, Agent of the United States, and now their resident Con- sul at Tangier, with whose approbation it has been made, and who is duly authorized on their part to treat with us concerning all the matters contained therein. Article II. If either of the parties shall be at war with any nation whatever, the p other shall not take a commission from the enemy, nor fight under their colors. Article III. If either of the parties shall be at war with any nation whatever, and take a prize belonging to that nation, and there shall be found on board subjects or effects belonging to either of the parties, the subjects shall be set at liberty, and the effects returned to the owners. And if any goods belonging to any nation, with whom either of the parties shall be at war, shall be loaded on vessels belonging to the other party, they shall pass free and unmolested, without any attempt being made to take or detain them. ■ Article IV. A signal/or pass, shall be given to all vessels belonging to both par- ve aa ei s to have ties, by which they are to be known when they meet at sea ; passport an( j jf fljg commari (ier of a ship of war of either party shall have other ships under his convoy, the declaration of the commander shall alone, be sufficient to exempt any of them from examination. Article V. If either of the parties shall be at war, and shall meet a vessel at sea y;sit ousels at belonging to the other, it is agreed, that if an examination is to be made, it shall ^>e done by sending a boat with two or three men only ; and if any gun shall be fired, and injury done, with- out reason, the offending party shall make good all damages. Article VI. If any Moor shall bring citizens of the United States, or their effects, to His Majesty, the citizens shall immediately be set at 11b- anjS«t» n to cl o' e Te 8 . erty, and the effects restored ; and, in like manner, if any Moor, not a subject of these dominions, shall make prize of any of the citizens of America or their effects, and bring them into any of the ports of His Majesty, they shall be immediately released, as they will then be considered as under His Majesty's protection. MOROCCO, 1836. 595 Article VII. If any vessel of either party shall put into a port of the other, and have occasion for provisions or other supplies, they shall yesselB m port t0 be furnished without auy interruption or molestation. be """" iBd - • Article VIII. If any vessel of the United States shall meet with a disaster at sea, and put into one of our ports to repair, she shall be at lib- vessels putting in erty to land and reload her cargo, without paying any duty t ° re " iir - whatever. Article IX. If any vessel of the United States shall be cast on shore on any part of our coasts, she shall remain at the disposition of the -■ ' -iiiij . ■ l - • j_i i Stranded veaaels. owners, and no one shall attempt going near her without their approbation, as she is then cousidered particularly under our pro- tection ; and if any vessel of the United States shall be forced to put into our ports by stress of weather, or otherwise, she shall not be com- pelled to land her cargo, but shall remain in tranquillity until the com- mander shall think proper to proceed on his voyage. Article X. If any vessel of either of the parties shall have an engagement with a vessel belonging to any of the Christian Powers, within gun-shot of the forts of the other, the vessel so engaged ^S^u-S^ot shall be defended and protected as much as possible, until r ° rt ' she is in safety ; and if any American vessel shall be cast on shore, on the coast of Wadnoon, or any coast thereabout, the people belonging to her shall be protected and assisted until, by the help of God, they shall be sent to their country. Article XI. If we shall be at war withany Christian Power, and any of our ves- sels sails from the ports of the United States, no vessel belonging to the enemy shall follow until twenty-four hours E " en,5r '" vesse,s - after the departure of our vessels ; and the same regulations shall be observed towards the American vessels sailing from our ports, be their enemies Moors or Christians. Article XII. If any ship of war belonging to the United States shall put into any of our ports, she shall not be examined on any pretence Shi80fwar whatever, even though she should have fugitive slaves on board, nor shall the governor or commander of the place compel them to be brought oh shore on any pretext, nor require any payment for them. Article XIII. If a ship of war of either party shall put "rnto a port of the other, and salute, it shall be. returned from the fort with an equal , ,. . , Salutes. number of guns, not more or less. 596 TREATIES AND CONVENTIONS. Article XIV. The commerce with the United States shall be on the same footing as is Moat favored foot- the commerce with Spain, or as that with the most favored '""■ nation for the time being; and their citizens shall be re- spected and esteemed, and have full liberty to pass and repass our country and seaports whenever they please, without interruption. Article XV. Merchants of both countries shall employ only such interpreters, and re tera &c snc ^ 1 otner persons to assist them in their business as they shall think proper. \No commander of a vessel shall trans- port his cargo on board another vessel ; he shall not be detained in port longer than he may think proper : and all persons employed in loading or unloading goods, or in any other labor whatever, shall be paid at the customary rates, not more and not less. Article XVI. In case of a. war between the parties, the prisoners are not to be made , Exchange oi pris- slaves, but to be exchanged, one for another, captain for '"""'■ captain, officer for officer, and one private man for another; and if there shall prove a deficiency on either side, it shall be made up by the payment of one hundred Mexican dollars for each person want- ing. And it is agreed that all prisoners shall be exchanged in twelve months from the time of their being taken, and that this exchange may be effected by a merchant or any other person authorized* by either of the parties. Article XVII. Merchants shall not be compelled to buy or sell any kind of goods but such as they shall think proper, and may buy and sell Buymsorseiims. ^ sor t s f merchandise but such as are prohibited to the other Christian nations. Article XVIII. All goods shall be weighed and examined before they are sent on Exertion of board ; and to avoid all detention of vessels, no examination goods on board. shall afterwards be made, unless it shall first be proved that contraband goods have been sent on board, in which case the persons who took the contraband goods on board shall be punished according to . the usage and custom of the country, and no other person whatever shall be injured, nor shall the ship or cargo incur any penalty or dam- age whatever. Article XIX. No vessel shall be detained in port on any pretence whatever, nor be obliged to take on board any article without the consent of Deten.vo„ofve S » e I„. ^ commander> who stall be at fuU l iberfcy to agree f 0r t he freight of any goods he takes on board. . 7 /Article XX. If any of the citizens of the United States, or any persons under their , , MOROCCO, 1836. 597 * protection, sliall have any dispute with each other, the Con- DlsputM between sul shall decide between the parties ; and whenever the Ai ° erimn9 ' &c - Consul shall require any aid or assistance from our Government to enforce his decisions, it shall be immediately granted to him. Article XXI. If a citizen of the United States should kill or wound a Moor, or, on the contrary, if a Moor shall kill or wound a citizen of the &c m ^_ United States, the law of the country shall take place, and .mo ""'«£' E^of equal justice shall be rendered, the Consul assisting at the """ trial; and if any delinquent shall make his escape, the Consul shall not be answerable for him in any manner whatever. Article XXII. If an American citizen shall die in our country and no will shall appear, the Consul shall take possession of his effects ; and p H , on8 dyine ,„. if there shall be no Consul, the effects shall be deposited in testate - the hands of some person worthy of trust, until the party shall appear who has a right to demand them ; but if the heir to the person deceased be present, the property shall be delivered to him without interruption ; and if a will shall appear, the property shall descend agreeably to that will, as soon as the Consul shall declare the validity thereof.' Article XXIII. The Consul of the United States of America shall reside in any seaport of our dominions that they shall think proper, and they . shall be respected and enjoy all the privileges which the ■ Consuls of any other nation enjoy ; and if any of the citizens of the United States shall contract any debts or engagements, the Consul shall not be in any manner accountable for them, unless he shall have given a promise in writing for the payment or fulfilling thereof, without which promise in writing no application to him for any redress shall be made. Article XXIV. If any differences shall arise by either party infringing on any of the articles of this treaty, peace and harmony shall remain, not- A C8altoarms withstanding, in the fullest force, until a friendly applica- tion shall be made for an arrangement; and until that application shall be rejected, no appeal shall be made to arms. And if a war eofiwnhit shall break out between the parties, nine months shall be ™j*fjjj°^f' t0 granted to all the subjects of both parties to dispose of their effects and retire with their property. And it is further declared that whatever indulgence, in trade or otherwise, shall be granted to any of. the Christian Powers, the citizens of the United States shall be equally entitled to them. Article XXV. This treaty shall continue in force, % with the help of God, for fifty years ; after the expiration of which term, the treaty shall con- Duration of tiaaty tinue to be binding on both parties, until the one shall give twelve months' notice to the other of an intention to abandon it; it which case its operations shall cease at the end of the twelve months. 598 treaties and conventions. Consulate op the United States @p America j For the Empire op Morocco. To all whom it may concern. Be it known. Whereas the undersigned, James E. Leib, a citizen of the United States of North America, and now their resident Consul at Tangier, having been duly appointed Commissioner by letters-patent, under the signature of the President and seal of the United States of North America, bearing date, at the city^of Washington, the fourth day of July, A. D. 1835, for negotiating and concluding a treaty of peace and friendship between the United States of North America and the Empire of Morocco : I, therefore, James E. Leib, Commissioner as aforesaid, do conclude the foregoing treaty and every article and clause therein con- tained, reserving the same, nevertheless, for the final ratification of the President of the United States of North America, by and with the advice and consent of the Senate. In testimony whereof I have hereunto affixed my signature and the seal of this consulate, on the first day of October, in the year of our Lord one thousand eight hundred and thirty-six, and of the Independence of the United States the sixty-first. JAMES E. LEIB. [l. s.] MOEOCCO, 1865. CONVENTION BETWEEN THE UNITED STATES, AUSTRIA, BELGIUM, SPAIN, FRANCE, GREAT BRITAIN, ITALY, THE NETHERLANDS, PORTUGAL, AND SWEDEN, ON THE ONE PART, AND THE SULTAN OP MOROCCO, ON THE OTHER PART, CONCERNING THE ADMINISTRATION AND UPHOLDING OP THE LIGHT-HOUSE AT CAPE SPARTEL. CONCLUDED MAY 31, 1865; PRO- CLAIMED MARCH 12. 1867. In the name of the only God ! There is no strength nor power but of God. His Excellency the President of the United States of America, and His Majesty the Emperor of Austria, King of Hungary and Bohemia, His Majesty the King of the Belgians, Her Majesty the Queen of Spain, His Majesty the Emperor of the French, Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, His Majesty the King of Italy, His Majesty the' King of the Netherlands, His Majesty the King of Portugal and the Algarves, His Majesty the King of Sweden and Norway, and His Majesty the Sultan of Morocco and of Fez, moved by a like desire to assure the safety of navigation along the coasts of Morocco, and desirous to provide, of common accord, the measures most proper to attain this end, have resolved to conclude a special convention, and have for this purpose appointed their Plenipotentiaries, to wit: HisNExcellency the President of the Eepublic of the United States Jesse Harland McMath, esquire, his Consul-General near his Plenipotent™. Ma j esty ^ g^^ Qf Morocco . His Majesty the Emperor of Austria, King of Hungary and of Bohemia : Sir John Hay Drummond Hay, commander of the very honorable Order MOROCCO, 1865. 599 of the Bath, his General Agent ad interim near his Majesty the Saltan of Morocco ; N His Majesty the King of the Belgians : Ernest Daluin, knight of his Order of Leopold, commander of number of the Order of Isabella the Catholic, of Spain, commander of the Order of Mohan Eftikhar of Tunis, his Consul-General for the west coast of Africa ; Her Majesty the Queen of Spain : Don Francisco Merry y Colom, Grand Cross of the Order of Isabella the Catholic, knight of the Order of St. John of Jerusalem, decorated with the Imperial Ottoman Order of Medjidieof the 3d class, officer of the Order of the Legion of Honor, etc., her Minister Eesident near his Majesty the Sultan of Morocco ; i His Majesty the Emperor of the French: Auguste Louis Victor, Baron Ayme" d'Aquin, officer of the Legion of Honor, commander of the Order of Francis the First of the Two Sicilies, commandef of the Order of St. Maurice and Lazarus of Italy, commander of the Order of Christ of Portugal, commander of the Order of the Lion of Brunswick, knight of the Order of Constantino of the Two Sicilies, knight of the Order of Guelphs of Hanover, his Plenipotentiary near His Majesty the Sultan of Morocco ; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland : Sir John Hay Drummond Hay, commander of the very honor- able Order of the Bath,' her Minister Eesident near His Majesty the Sul- tan of Morocco ; His Majesty the King of Italy : Alexander Yerdinois, knight of the Order of St. Maurice and Lazarus, Agent and Consul-General of Italy near His Majesty the Sultan of Morocco ; His Majesty the King of the Netherlands : Sir John Hay Drummond Hay, commander of the very honorable Order of the Bath, Acting Consul- General of th6 Netherlands in Morocco ) His Majesty the King of Portugal and the Algarves : Jose" Daniel Colaco, commander of his Order of Christ, knight of the Order of the Eose of Brazil, his Consul-General near His Majesty the Sultan of Mo- rocco; His Majesty the King of Sweden and of Norway : Selim d'Ehrenhoff, knight of the Order of Wasa, his Consul-General near His Majesty the Sultan of Morocco ; And His Majesty the Sultan of Morocco and of Fez, the Literary Sid Mohammed Bargash, his Minister for Foreign Affairs— Who, after having exchanged their full powers, found in good and due form, have agreed upon the following articles : Article I. His Majesty Scherifienne, having, in an interest of humanity, ordered the construction, at the expense of the Government of Mo- ™ e direction of rocco, of a light-house at Cape Spartel, consents to devolve, S^'if^TE & throughout the duration of the present convention, the ™ h >"">™, &c - superior direction and administration of this establishment on the repre- sentatives of the contracting Powers. It is well understood that this delegation does not import any encroachment on the rights, proprietary and of sovereignty, of the Sultan, whose flag alone shall be hoisted on the tower of the Pharos. Article II. The Government of Morocco not at this time having any marine, 600 TREATIES AND CONVENTIONS. Th» ewe-en of either of war or commerce, the expenses necessary for up- management. holding and managing the light-house shall be borne by the contracting Powers by means of an annual contribution, the quota of which shall be alike for all of them. If, hereafter, the Sultan should have a naval or commercial marine, he binds himself to take share in the expenses in like proportion with the other subscribing Powers. The expenses' of repairs, and in need of reconstruction, shall also be at his cost. Article III. The Sultan will furnish for security of the light-house a guard, com- Guard for the ii S M- posed of a Kaid and four soldiers. He engages, besides, to house. provide for, by all the means in his power, in case of war, whether internal or external, the preservation of this establishment, as well as for the safety of the keepers and persons employed. On the other part, the contracting Powers bind themselves, each so far as con- cerned, to respect the neutrality of the light-house, and to continue the payment of the contribution intended to uphold it, even in case (which God forbid) hostilities should break out either between them or between one of them and the Empire of Morocco. Article IV. The representatives of the contracting Powers, charged in virtue of superintendence of Article I of the present convention, with the superior direc- the establishment. £j on an( j management of the light-house, shall establish the necessary regulations for the service and superintendence of this es- tablishment, and no modification shall be afterward applied to these, articles, ,except by common agreement between the contracting Powers. Article V. The present convention shall continue in force for ten years. In case, Danbos of this within six months of the expiration of this term, none of the convention. high contracting parties should, by official declaration, have made known its purpose to bring to a close, so far as may concern it, the effects of this convention, it shall continue in force for one Further continuance. year more, and so from year to year, until due notice. Article VI. The execution of the reciprocal engagements contained in the present Execution of the convention is subordinated, so far as needful, to the accom- madTtubordlnatef plishment of the forms and regulations established by the &c - ' constitutional laws of those of the high contracting Powers who are held to ask for their application thereto, which they bind them- selves to do with the least possible delay. Article VII. The present convention shall be ratified, and the ratifica- tions be exchanged at Tangier as soon as can be done. Infaith whereof therespective Plenipotentiaries have signed andaffixed thereto the seals of their arms. MOROCCO, 1865. 601 Done in duplicate original, in French and in Arabic, at Tangier, pro- tected of God, the fifth day of the moon of Moharrem, year of the Hegira 1282, which corresponds with the 31st of the month of May of the year one thousand eight hundred and sixty-five. JESSE H. McMATH. J. H. DRUMMOND HAY. ERNEST DALUIN. FRANCISCO MERRY Y COLOM. AYME DAQUIN. J. H. DRUMMOND HAY. ALEX'RE VERDINOIS. J. H. DRUMMOND HAY. JOSE DANIEL COLAQO. S. D'EHRENHOFF. [Signature of Sid Mohammed Bargash, in Arabic] MUSCAT. MUSCAT, 1833. A TEEATY OF AMITY AND COMMERCE BETWEEN THE UNITED STATES OP AMERICA AND HIS MAJESTY SEYED SYEED BIN, SULTAN OF MUSCAT, AND HIS DEPENDENCIES. CONCLUDED SEPTEMBER 21, 1833; PRO- CLAIMED JUNE 24, 1837. Article I. There shall be a perpetual peace between the United erpetua peace. g^gg f America and Seyed Syeed Bin, Sultan, and his dependencies. Article II. The citizens of the United States shall have free liberty to enter all the ports of His Majesty Seyed Syeed Bin, Sultan, with their Citizens of United r jj T ^ 1 ■ J j_i • 1 • i states may enter aii cargoes, of whatever kind the said cargoes may consist; Ln p w'th "their c°^ and they shall have liberty to sell the same to any of the subjects of the Sultan, or others who may wish to buy the same, or to barter the same for any produce or manufactures of the kingdom, or other articles that may be found there. I*To price shall be fixed by the Sultan, or his officers, on the articles to be sold by the mer- chants of the United States or the merchandise they may wish to pur- chase; but- the trade shall be free on both sides to sell or buy, or exchange, on the terms and for the prices the owners may think fit; and whenever the said citizens of the United States may think fit to depart, they shall be at liberty so to do; and if any officer of the Sultan shall contravene this article, he shall be severely punished. It is understood and agreed, however, that the articles of muskets, powder, and ball can only be sold to the Government in the island of Zanzibar; but, in all the other ports of the Sultan, the said munitions of war may be. freely sold, without any restrictions whatever, to the highest bidder. Article III. Vessels of the United States entering any port within the Sultan's dominions shall pay no more than five per cent, duties on vessewSunited the cargo landed ; and this shall be in full consideration of all import and export duties, tonnage, license to trade, pi- lotage, anchorage, or any other charge whatever; nor shall any charge be paid on that part of the cargo which may remain on board unsold and re-exported ; nor shall any charge whatever be paid on any vessel of the United States which may enter any of the ports of His Majesty for the purpose of refitting, or for refreshments, or to inquire the state of the market. Article IV. The American citizen shall pay no other duties on export or import, Americans to pay tonnage, license to trade, or other charge whatsoever, than » other uutie., &c. th e na ti on the most favoured shall pay. MUSCAT, 1833. 603 Article V. If any vessel of the United States shall suffer shipwreck on any part of the Sultan's dominions, the persons escaping from the o8h . wreck shall be taken care of and hospitably entertained, at wreK^sseiS 'It the expense of the Sultan, until they shall find an oppor- tunity to be returned to their country, (for the Sultan can never receive any remuneration whatever for rendering succour to the distressed;) and the property saved from such wreck shall be carefully preserved and delivered to the owner, or the Consul of the United States, or to any authorized agent. Article VI. The citizens of the United States resorting to the ports of the Sultan for the purpose of trade shall have leave to land and reside • n-.-r , > , , , . , . • , • American m e r - m the said ports without paying any tax or imposition ch»nu> not to be whatever for such liberty other than the general duties on imports which the most favoured nation shall pay. Article VII. If any citizens of the United States, or their vessels or other property, shall be taken by pirates and brought within the dominions Citiim , of United of the Sultan, the persons shall be set at liberty, and the Sto'SiauS,'-" property restored to the owner, if he is present, or to the ""■*■ &c American Consul, or to any authorized agent. Article VIII. Vessels belonging to the subjects of the Sultan which may resort to any port in the United States shall pay no other or higher VmelB0[ thesui- rate of duties "or other charges than the nation the most f°£ p S' 'JS favoured shall pay. States, ii'. Article IX. The President of the United States may appoint Consuls to reside in the ports of the Sultan where the principal commerce shall rnaUmt onroit»i be carried on, which Consuls shall be the exclusive judges S^X. ""S of all disputes or suits wherein American citizens shall be duti,!S ' '^ engaged with each other. They shall have power to receive the property of any American citizen dying within the kingdom, and to send the same to his heirs, first paying all his debts due to the subjects of the Sultan. The said Consuls shall not be arrested, nor shall their property be seized, nor shall any of their household be arrested, but their persons and property and their houses shall be inviolate. Should any Consul, however, commit any offence against the laws of the kingdom, complaint shall be made to the President, who will immediately displace him. Concluded, signed, and sealed at the Eoyal Palace, in the city of Muscat, in the Kingdom of Aman, the twenty-first day of September, in the year one thousand eight hundred and thirty-three of the Christian era, and the fifty-seventh year of the Independence of the United States of America, corresponding to the sixth day of the moon, called Iamada Alawel, in the year of the Allhajra (Hegira) one thousand two hundred.' and forty-nine. EDMUND EOBBETS. [l. s.] 604 TREATIES AND CONVENTIONS. i Whereas the undersigned, Edmund Eoberts, a citizen of the United , States of America, and a resident of Portsmouth, in the State of New Hampshire, being duly appointed a Special Agent by letters-patent, under the signature of the President and seal of the United States of America, bearing date, at Jhe city of Washington, the twenty-sixth day of January, anno Domini one thousand eight hundred and thirty-two, for negotiating and concluding a treaty of amity and commerce between the United States of America and His Majesty Seyed Syeed Bin, Sultan of Muscat: Now, know ye, that I, Edmund Eoberts, Special Agent as aforesaid, do ., . conclude the foregoing treaty of amity and commerce, and Final ratification , . -. -P-t ,t • , • -i , , ienivLeTsatet everv article and clause therein contained, reserving the same, nevertheless, for the final ratification of the President of the United States of America, by and with the advice and consent of the Senate of the United States. Done at the Royal Palace, in the city of Muscat, in the Kingdom of Aman, on the twenty-first day of September, in the year of our Lord one thousand eight hundred and thirty-three, and of the Independence of the United States of America the fifty-seventh, corresponding to the sixth day of the moon, called Iamada Alawel, in the year of Allhajra (Hegira) one thousand two hundred and forty-nine. EDMUND EOBERTS. NASSAU [As a result of the war of 1866, Nassau lost its independence and was absorbed in the Kingdom of Prussia.] NASSAU, 1846. CONVENTION FOE THE MUTUAL ABOLITION OP THE DROIT D'AUBAINE AND TAXES ON EMIGRATION BETWEEN THE UNITED STATES OP AMER- ICA AND HIS ROYAL HIGHNESS THE DUKE OP NASSAU. CONCLUDED MAY 27, 1846; RATIFICATIONS EXCHANGED AT BERLIN OCTOBER 13, 1846 ; PROCLAIMED JANUARY 6, 1847. The United States of America and His Royal Highness the Duke of Nassau, having resolved, for the advantage of their respect- Preat „bie ive citizens and subjects,, to conclude a convention for the mutual abolition of the droit d'aubaine and taxes on emigration, have named for this purpose their respective Plenipotentiaries, namely : The President of the United States of America has conferred full powers on Henry Wheaton, their Envoy Extraordinary a.nd Ne ^.^ Minister Plenipotentiary at the Eoyal Court of Prussia, and His Eoyal Highness the Duke of Nassau upon his Minister Resi- dent at the Royal Court of Prussia, Colonel and Chamberlain, Otto Wilhelm Carl von Eoeder, comthur of the 1st class of the Ducal Order of Henry the Lion, etc., etc. ; Who, after having exchanged their said fall powers, found in due and proper form, have agreed to and signed the following articles : Article I. Every kind of droit d'aubaine, droit de retraite, and dreit de detrac- tion or tax on emigration is hereby and shall remain abol- Droit d . aubaine , ished between the two contracting parties, their States, citi- &c -' abol ' sUed - zens, and subjects, respectively; - Article II. Where, on the death of any person holding real property within the territories of one party, such real property would, by the Heira t0 rea , pr „ p . laws of the land, descend on a citizen or subject of the other, ^^"tdUt 1 were he not disqualified by alienage, such citizen or subject dn " > 1 >" roc,SBds - shall be allowed a term of two years to sell the same— which term may be reasonably prolonged according to circumstances— and to withdraw the proceeds thereof without molestation, and exempt from all duties of detraction. Article III. The citizens or subjects of each of the contracting parties shall have power to dispose of their personal property, within the States Clt „.„ m and sub . of the other, by testament, donation, or otherwise, and their ££ d ° iai ,5f „f r g heirs, legatees, and donees, being citizens or subjects of the £* P ™i™'- other contracting party, shall succeed to their said personal £?&£££"&! property, and may take possession thereof, either by them- a f p&'VwSS selves, or by others acting for them, and dispose of the ants. 606 TKEATIES AND CONVENTIONS. same at their pleasure, paying such duties only as the inhabitants of the country where the said property lies shall be liable to pay in like cases. Article IV. In case of the absence of the heirs, the same care shall be taken,provi- « <,rab 8e ,,t s i° na lly; °f sucn real or personal property, as would be h6ir'. tob/takeYcare taken in a like case of property belonging to the natives of the country, until the lawful owner, or the person who has a right to sell the same, according to Article II, may take measures to receive or dispose of the inheritance. Article V. If any dispute should arise between different claimants to the same Dixies to be set- inheritance, they shall be decided, in the last resort, accord- ued by local law,. in g to ^ e laws and by tlie j u( jg es f the country where the property is situated. Article VI. stiimiationorpres- AH the stipulations of the present convention shall be llrtTiZw a° obligatory in respect to property already inherited or but d ^o? e ye? d v*h: bequeathed, but not yet withdrawn from the country where drawn. ^ e same is situated, at the .signature of this convention. Article VII. This convention is concluded subject to the ratification of the Presi- dent of the United States of America, by and with the advice and con- sent of their Senate, and of His Royal Highness the Duke of Nassau, . . . and the ratifications thereof shall be exchanged at Berlin, exchanged 'tatweive within the term of twelve months from the date of the sig- months. > i t* -/••ti nature hereof, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the above articles, as well in English as in German, and have thereto affixed their seals. Done in triplieata, in the city of Berlin, on the 27th day of May, one thousand eight hundred and forty-six, in the 70th year of the Independence of the United States of America and the seventh of the reign of His Royal Highness the Duke of Nassau. HENRY WHEATOK OTTO WILHELM CARL V. ROEDER. NETHERLANDS. NETHEKLANDS, 1782. TREATY OF AMITY AND 'COMMERCE BETWEEN THEIR HIGH MIGHTI- NESSES THE STATES GENERAL OF THE UNITED NETHERLANDS AND THE UNITED STATES OF AMERICA, TO WIT: NEW HAMPSHIRE, MASSA- CHUSETTS, RHODE ISLAND AND PROVIDENCE PLANTATIONS, CONNEC- TICUT, NEW YORK, NEW JERSEY, PENNSYLVANIA, DELAWARE, MARY- LAND, VIRGINIA, NORTH CAROLINA, SOUTH CAROLINA, AND GEORGIA. CONCLUDED OCTOBER 8, 1782; RATIFIED JANUARY 22, 1783. Their High Mightinesses the States General of the United Nether- lands and the United States of America, to wit, New Hampshire, Massachusetts, Ehode Island and Providence "" traotmsl,!,rt,e *- Plantations, Connecticut^, New York, New Jersey, Pennsylvania, Dela- ware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, desiring to ascertain, in a permanent and equitable manner, the rules to be observed relative to the commerce and correspondence which they intend to establish between their respective States, countries, and inhabitants, have judged that the said end cannot be better obtained than by establishing the most perfect equality and reciprocity for the basis of their agreement, and by avoiding all those burdensome prefer- ences which are usually the sources of debate, embarrassment, and discontent; by leaving also each party at liberty to make, respecting commerce and navigation, such ulterior regulations as it shall find most convenient to itself; and byfounding the advantages of commerce solely upon reciprocal utility and the just rules of free intercourse; reserving withal to each party the liberty of admitting at its pleasure other nations to a participation of the same advantages. On these principles their said High Mightinesses the States General of the United Netherlands have named for their Plenipotentiaries, from the midst of their assembly, Messieurs their Deputies for the Foreign Affairs; and the said United States of America, on their part, have fur- nished with full powers Mr. John Adams, late Commissioner of the United States of America at the Court of Versailles, heretofore Delegate in Congress from the State of Massachusetts Bay, and chief justice of the said State, who have agreed and concluded as follows, to witt: Article I. There shall be a firm, inviolable, and universal peace and sincere friendship between their High Mightinesses the Lords the peae ^ States General of the United Netherlands and the United .hi/bMwSm «■"»<>" States of America, and between the subjects and inhabitants of the said parties, and between the countries, islands, cities, and places situated under the jurisdiction of the said United Netherlands and the said United States of America, their subjects and inhabitants, of every degree, without exception of persons or places. 608 TREATIES AND CONVENTIONS. Article II. The subjects of the said States General of the United Netherlands summs of united shall pay in the ports, havens, roads, countries, islands, have e thr.«me°p h rrv" cities, or places of the United States of America, or any of sis e » i °™ th ti / . D mos d t them, no other nor greater duties or imposts, of whatever favoured nation, nature or denomination they may be, than those, which the nations the most favoured are or shall be obliged to pay ; and they shall enjoy all the rights, liberties, priviledges, immunities, and exemptions in trade, navigation, and commerce which the said nations do or shall enjoy, whether in passing from one port to another in the said States, or in going from any of those ports to any foreign port of the world, or from any foreign port of the world to any of those ports. Article III. sa a mTpHv£e e . tl i» cities, or places of the said United Netherlands', or any of united Netherlands them, no other nor greater duties or imposts, of whatever nations. The subjects and inhabitants of the said United States of America citi Z e„ s of united shall pay in the portSj havens, roads, countries, islands, ;atea shall have the ' "*'"'" ' """'" same privileges in "" lited Netherlands the most favoured nature or denomination they may be, than those which the nations the most favoured are or shall be obliged to pay; and they shall enjoy all the rights, liberties, priviledges, immunities, and excemp- tions in trade, navigation, and commerce which the said nations do or shall enjoy, whether in passing from one port to another in the said States, or from any one towards any one of those ports from or to any , foreign port of the world. And the United States of America, with, their subjects and inhabitants, shall leave to those of their High Mighti- ' nesses the peaceable enjoyment of their rights in the countries, islands, and seas, in the East and West Indies, without any hindrance or mo- lestation. Article IV. ' There shall be an entire and perfect liberty of conscience allowed tc the subjects and inhabitants , of each party, and to, their scienc e "L.%ec c ured families ; and no one shall be molested in regard to his wor- 2ch^arw> B tb« ship, provided he submits, as to the public demonstration of it, to the laws of the country: There shall be given, more- over, liberty, when any subjects or inhabitants of either party shall die in the territory of the other, to bury them in the usual burrying-places, or in decent and convenient grounds to be appointed for that purpose, as occasion shall require; and the dead bodies of those who are hurried shall not in any wise be molested. And the two contracting parties shall provide, each one in his jurisdiction, that their respective subjects and inhabitants may henceforward obtain the requisite certificates in cases of deaths in which they shall be interested. Article V. Their High Mightinesses the States General of the United Nether- lands and the United States of America shall endeavor, tSt th ve,Ss s o? "the by all the means in their power, to defend and protect all "o'ns.'wratoreXrn vessells and other effects, belonging to their subjects and m cJnvofin'^erSn inhabitants, respectively, or to any of them, in their ports, roads, havens, internal seas, passes, rivers, and as far as their jurisdiction extends at sea, and to recover, and cause to be restored NETHERLANDS, 1782. 609 ■ to the true proprietors, their agents, or attornies, all such vessells and effects, which shall be taken under their jurisdiction: And their vessells of war and convoys, in cases when they may have a common enemy, shall take under their protection all the vessells belonging to the sub- jects and inhabitants of either party, which shall not be laden with con- traband goods, according to the description which shall be made of them hereafter, for places, with which one of the parties is in peace and the other at war, nor destined for any place blocked, and which shall hold the same course or follow the same rout ; and they shall defend such vessells, as long as they shall hold the same course or follow the same rout, against all attacks, force, and Tiolence of the common enemy, in the same manner as they ought to protect and defend the vessells be- longing to their own respective subjects. Article VI. The subjects of the contracting parties may, on one side and on the other, in the respective countries and States, dispose of their, cltizens „ r either effects by testament, donation, or otherwise ; and their heirs, ^ e m Z a 'S°° c r subjects' of one of the parties, and residing in the country of ° therwi9e - the other, or elsewhere, shall receive such successions, even ab intestate,, whether in person or by their attorney or substitute, even although they shall not have obtained letters of naturalization, without having the effect of such commission contested under pretext of any rights or pre- rogatives of any province, city, or private person : And if the heirs to whom such successions may have fallen shall be minors, the tutors or curators established by the judge domiciliary of the said ^ s ^ tiom om . minors may govern, direct, administer, sell, and alienate the cer " in8the same ' effects fallen to the said minors by inheritance, and, in general, in rela- tion to the said successions and effects, use all the rights and fullfill all the functions which belong, by the disposition of the laws, to guardians, tutors, and curators: Provided, nevertheless, that this disposition cannot take place but in cases where the testator shall not have named guardians, tutors, curators, by testament, codicil, or other legal instrument. Article VII. It shall be lawfull and free for the subjects of each party Subjects of each to employ such advocates, attorneys, notaries, solicitors, or S^™.^™ 1 "* factors as they shall judge proper. asther thint '""'"■ Article VJII. Merchants, masters and owners of ships, mariners, men of all kinds, ships and vessells, and all merchandizes and goods in general, Ves8 ei 8 , &c, not and effects of one of the confederates, or of the subjects tobe dslM thereof, shall not be seized or detained in any of the countries, lands, islands, cities, places, ports, shores, or dominions whatsoever of the other confederate, for any military expedition, publick or private use of any one, by arrests, violence, or any colour thereof; much less shall it be permitted to the subjects of either party to take or extort by foree anything from the subjects of the other party, without the consent of the owner; which, however, is not to be understood of seizures, deten- tions, and arrests which shall be made by the command and authority of justice, and by the ordinary methods, on account of debts or crimes, in respect whereof the proceedings must be by way of law, .according to the forms of inst.jp.p.. 610 TREATIES AND CONVENTIONS. Article IX. It is further agreed and concluded that it shall be wholly free for all merchants, commanders of ships, and other subjects and iu- «L ri *ta "S^cSS habitants of the contracting parties, in every place subjected b„,i„e SS . tQ tbe j ur j S( jj ct i on f tne tw0 p 0W ers respectively, to man- age themselves their own business ;' and moreover, as to the use of interpreters or brokers, as also in relation to the loading or unloading of their vessells, and everything which has relation thereto, they shall be, ou one side and on the other, considered and treated upon the footing of natural subjects, or, at least, upon an equality with the most favored nation. Article X. The merchant-ships of either of the parties, coming from the port of an enemy, or from their own, or a neutral port, may navi- .mZt^hzyT'es- gate freely towards any port of an enemy of the other ally : ,T bIt ™" 1 SSfii They shall be, nevertheless, held, .whenever it shall be re- good, .i.11 p.*.' quired) t0 exhibit) as we n up0 p the high seas as in the ports, their sea-letters and other documents described in the twenty- fifth article, stating expressly that their effects are not of the number of those which are prohibited' as contraband ; and not having any con- traband goods for an enemy's port, they may freely, and without hin- drance, pursue their voyage towards the port of an •enemy. Nevertheless, it shall not be required to examine the papers of vessells convoyed by vessells of war, but credence shall be given to the word of the officer who shall conduct the convoy. Article XI. If, by exhibiting the sea-letters and other documents described more particularly in the twenty-fifth article of this treaty, the ^"vhmwSfand other party shall discover there are any of those sorts of .goods a™ discovered. g 00( j s w hi cn are declared prohibited and contraband, and that they are consigned for a port under the obedience of his enemy, it shall not be lawfull to break up the hatches of such ship, nor to open any •chest, coffer, packs, casks, or other vessells found therein, or to remove the smallest parcell of her goods, whether the said vessell belongs to the sub- jects of their High Mightinesses the States General of the United Nether- lands or to the subjects or inhabitants of the said United States of America, unless the lading be brought on shore, in presence of the officers of the court of admiralty, and an inventary thereof made ; but there shall be no allowance to sell, exchange, or alienate the same untill after that due and lawfull process shall have been had against such prohibited goods of contraband, and the court of admiralty, by a sentence pro- nounced, shall have confiscated the same, saving always as well the ship itselff as any other goods found therein, which are to be esteemed free, and may not be detained on pretence of their being infectedby the prohibited goods, much less shall they be confiscated as lawfull prize : But, on the contrary, when, by the visitation at land, it shall be found that there are no contraband goods in the vessell, and it shall not appear by the papers that he who has taken and carried in the ves- sell has been able to discover any there, he ought to be condemned in all the charges, damages, and interests of them, which he shall have caused, both to the owners of vessells and to the owners and freighters of cargoes with which they shall be loaded, by his temerity in taking and carrying them in ; declaring most expressly the free vessells shall NETHERLANDS, 1782- 611 assure the liberty of the effects with which they shall be loaded, and that this liberty shall extend itselff equally to the persons who shall be found in a free vessellj who may not be taken out of her, unless they are military men actually in the service of an enemy. Article XII. On the contrary, it is agreed that whatever shall be found to be laden by the subjects and inhabitants of either party, on any ship belonging to the enemies of the other, or to their subjects, «■«£'« S iSm" although it be not comprehended under the sort of prohib- lLluTontarra It ..-i-ij! it t c jmt*j_i fore declaration of ited goods, the whole may be confiscated in the same manner war or within >ix as if it belonged to the enemy; except, nevertheless, such effects and merchandizes as were put on board such vessell before the declaration of war, or in the space of six months after it, which effects shall not be, in any manner, subject to confiscation, but shall be faith- fully and without delay restored in nature to the owners who shall claim them, or cause them to be claimed, before the confiscation and sale, as also their proceeds, if the claim could not be made but in the space of eight months after the sale, which ought to be publick : Provided, never- theless, that if the said merchandizes are contraband, it shall by no means be lawfull to transport them afterwards to any port belonging to enemies. Article XIII. And that more effectual care may be taken for the security of subjects and people of either pa»ty, that they do not suffer molestation y osse]i . of war or from the vessells of war or privateers of the other party, it S^S'eSeJV" shall be forbidden to all commanders of vessells of war and ^^Tj!" !£j£ other armed vessells of the said States General of the United «»<«'<«'■ Netherlands and" the said United States of America, as well as to all their officers, subjects, and people, to give any offence or do any damage to those of the other party : And if they act to the contrary, they shall be, upon the first complaint which shall be made of it, being found guilty after a just examination, punished by their proper judges, and moreover obliged to make satisfaction for all damages and interests thereof, by reparation, under pain and obligation of their persons and goods. Article XIV. For further determining of what has been said, all captains of priva- teers or fitters-out of vessells armed for war, under commis- sion and on account of private persons, shall be held, before tJSf &"?, VSS their departure, to give sufficient caution, before competent K^SoSi'r'r" judges, either to be entirely responsible for the malversations which they may commit in their cruizes or voyages, as well as for the contraventions of their captains and officers against the present treaty, and against the ordinances and edicts which shall be published in con- sequence of and conformity to it, under pain of forfeiture and nullity of the said commissions. Article- XV. All vessells and merchandizes of whatsoever nature, which shall be rescued out of the hands of any pirates or robbers, naviga- ting the high seas without requisite commissions, shall be pi™te r 8 MC to e b e ro r™ brought iuto some port of one of the two States, and depos- ited in the hands of the officers of that port, in order to be restored en- 612 TREATIES AND CONVENTIONS. tire to the true proprietor as soon as due and sufficient proofs shall be made concerning the property thereof. ■ Article XVI. If any ships or vessells, belonging to either of the parties, their sub- in cnao or si™- jects, or people, shall, -within the coasts or dominions of the X^/ e and sb giod» other, stick upon the sands, or be wrecked, or suffer any restored. other sea-damage, all friendly assistance and relief shall be given to the persons shipwrecked, or such as shall be in danger thereof; and the vessells, effects, and merchandizes, or the part of them which shall have been saved, or the proceeds of them, if, being perishable, they shall have been sold, being claimed within a year and a clay by the masters or owners, or their agents or attornies, shall be restored, paying only the reasonable charges, and that which must be paid, in the same case, for the salvage, by the proper subjects of the country : There shall also be delivered them safe conducts or passports, for their free and safe passage from thence, and to returne, each one, to his own country. Article XVII. i In case the subjects or people of either party, with their shipping, whether public and of war, or private and of merchants, s tre. 3 e V e we»ti.e? be forced, through stress of weather, pursuit of pirates or ■Slc, shall be forced . ' °, 1 •. i i • /■ n i. into po.t s , to, ti,ey enemies, or any other urgent necessity for seeking of shelter SfpcmrtteTtoS- 1 and harbour, to retract and enter into any of the rivers, creeks, bays, ports, roads, or shores belonging to the other party, they shall be received with all humanity and kindness and enjoy all friendly protection and help, and they shall be permitted to refresh and provide themselves, at reasonable rates, with victualls, and all things needfull for the sustenance of their persons or reparation of their ships ; and they shall no ways be detained or hindred from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance. Article XVIII. For the better promoting of commerce on both sides, it is agreed* in case of war that, if a war should break out between their High Mighti- M™tSe™re S *Sta nesses the States General of the United Netherlands and S'eiund fmnspou the United States of America, there shall always be granted their effects. t tlie subjects on each side the term of nine months after the date of the rupture, or the proclamation of war, to the end that they may retire, with their effects, and transport them where they please, which it shall be lawfull for them to do, as well as to sell or transport their effects and goods, in all freedom and without any hin- drance, and without being able to proceed, during the said term of nine months, to any arrest of their effects, much less of their persons ; on the contrary, there shall be given them, for their vessells and their effects, which they would carry away, passports and safe conducts for the nearest ports of their respective countries, and for the time necessary for the voyage. And no prize made at sea shall be adjudged lawfull, at least if the declaration of war was not or could not be known, in the last port which the vessell taken has quitted ; but for whatever may have been taken from the subjects and inhabitants of either party, and for the offences which may have been given them, in the interval of the said terms, a compleat satisfaction shall be given them. NETHERLANDS, 1782. 613 Article XIX. No subject of their High Mightinesses the States General of the United Netherlands shall apply for or take any commission t ,, n rt • , . i . Citizens of neither or letters of marque, for arming any ship or ships to act as pan? «naii take com- • i • i i'i • i tt «j -i ri i j /• * • missions or lettere privateers against the said United States of America, or of. mar?.™ from * any of them, or the subjects and inhabitants of the said Km t"e oSSr7.'at United States or any of them, or against the property of the inhabitants of any of them, from any Prince or State with which the said United States of America may happen to be at war : Nor shall any subject or inhabitant of the said United States of America, or any of them, apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the High and Mighty Lords the States General of the United Netherlands, or against the subjects of their High Mightinesses, or any of them, or against the property of any one of them, from any Prince or State with which their High Mightinesses may be at war : And if any person of either nation shall take such commission or letters of marque, he shall be punished as a pirate. Article XX. If the vessells of the subjects or inhabitants of one of the parties come upon any coast belonging to either of the said allies, but not willing to enter into port, or being entered into port theS™." or°™«K and not willing to unload their cargoes or break bulk, or £rt*"i£w to" £■ take in any cargoe, they shall not be obliged to pay, neither "' for the vessells nor the cargoes, any duties of entry in or out, nor to ren- der any account of their cargoes, at least if there is not just cause to presume that they carry to an enemy merchandizes of contraband. Article XXI. The two contracting parties grant to each other, mutually, the liberty of having, each in the ports of the other, Consuls, Vice-Consuls; Agents, and Commissaries of their own appointing, whose aiiowe™ m the lint functions shall be regulated by particular agreement, when- ofeach """" ever either party chuses to make such appointments. Article XXII. This treaty shall not be understood in any manner to derogate from the ninth, tenth, nineteenth, and twenty-fourth articles of the treaty with Prance, as they were numbered in the sanie toSjatSJ uLa treaty, concluded the sixth of February, 1778, and which " ithrra ° ce - make the articles ninth, tenth, seventeenth, and twenty-second of the treaty of commerce now subsisting between the United States of America and the Crown of Prance : Nor shall it hinder His Catholic Majesty from acceding to that treaty, and enjoying the advantages of the said four articles. Article XXIII. If at any time the United States of America shall judge necessary to commence negotiations with the King or Emperor of Ma- rocco and Fez, and with the Eegencies of Algiers, Tunis, to^Si^vfuei or Tripoli, or with any of them, to obtain passports for the S« m m£""§,i security of their navigation in the Mediterranean Sea, their Ua '' bOTP0wer9 - 614 TREATIES AND CONVENTIONS. High Migli ten esses promise that upon the requisition which the United States of America shall make of it, they will second such negotiations in the most favourable manner, by means of their Consuls, residing near the said King, Emperor, and Eegencies. CONTRABAND. Article XXIV. " The liberty of navigation and commerce shall extend to all sorts of merchandizes, excepting only those which are distinguished be^emfd^coSr" under the Dame of contraband, or merchandizes prohibited: And under this denomination of contraband and merchan- dizes prohibited, shall be comprehended only warlike stores and arms, as mortars, artillery, with their artifices and appurtenances, fusils, pis- tols, bombs, grenades, gunpowder, saltpetre, sulphur, match, bullets and balls, pikes, sabres, lances, halberts, casques, cuirasses, and other sorts of arms, as also soldiers, horses, saddles, and furniture for horses; all other effects and merchandizes, not before specified expressly, and even all sorts of naval matters, however proper they may be for the con- struction and equipment of vessells of war, or for the manufacture of one or another sort of machines of war, by land or sea, shall not be judged contraband, neither by the letter, nor according to any pretended inter-, pretation whatever, ought they, or can they be comprehended under the notion of effects prohibited or contraband : so that all effects and mer- chandizes, which are not expressly before named, may, without any exception, and in perfect liberty, be transported by the subjects and in- ' habitants of both allies, from and to places belonging to the enemy; excepting only the places which at the same time shall be besieged, blocked, or invested; and those places only shall be held for such which are surrounded nearly by some of the belligerent Powers. Article XXV. To the end that all dissention and quarrel may be avoided and pre- Resuiations re- vented, it has been agreed, that in case that one of the two wet™,, paeons. p ar ti e s happens to be at war, the vessells belonging to the subjects or inhabitants of the other ally shall be provided with sea-let- ters or passports, expressing the name, the property, and the burthen of the vessell, as also the name and the place of abode of the master, or commander of the said vessell, to the end that thereby it may appear that the vessell really and truly belongs to subjects or inhabitants of one of the parties; which passports shall be drawn and distributed, according to the form annexed to this treaty; each time that the vessell shall return, she should have such her passport renewed, or at least they ought not to be of more antient date than two years, before the vessell has been returned to her own country. It has been also agreed, that such vessells, being loaded, ought to be provided not only with the said passports or sea-letters, but also with a general passport, or with particular passports or manifests, or other publick documents, which are ordinarily given to vessells outward bound in the ports from whence the vessells have set sail in the last place, containing a specification of the cargo, of the place from whence the vessell departed, and of that of her destination, or, instead of all these, with certificates from the magistrates or governors of cities, places, and colonies from whence the vessell came, given in the usual form, to NETHERLANDS, 1782. 615 the end that it may be known whether there are any effects prohibited or contraband, on board the vessells, and whether they are destined to be carried to an enemy's country or not ; and in case any one judges proper to express in the said documents the persons to whom the effects on board belong, he may do it freely, without, however, being bound to do it; and the omission of such expression cannot and ought not to cause a confiscation. Article XXYI. If the vessells of the said subjects or inhabitants of either of the par- ties, sailing along the coasts or on the high seas, are met by H <>w ship, and v«. a vessell of war, or privateer, or other armed vessell of the "&" e m " b b5r™X?& other party, the said vessells of war, privateers, or armed °f"«"i>»™tse«- vessells, for avoiding all disorder, shall remain without the reach of cannon, but may send their boats on board the merchant vessell, which they shall meet in this manner, upon which they may not pass more than two or three men, to whom the master or commander shall exhibit his passport, containing the property of the vessell, according to the form annexed to this treaty : And the vessell, after having exhibited such a passport, sea-letter, and other documents, shall be free to continue her voyage, so that it shall not be lawfull to molest her, or search her in any manner, nor to give her chase, nor to force her to alter her course. Article XXVII. It shall be lawfull for merchants, captains and commanders of ves- sells, whether public and of war, or private and ofmerchants, fr mer belonging to the said United States of America, or any of chmS.^dromSild'. them, or to their subjects and inhabitants, to take freely into ^tV tSF? " .e^d , -i • • -i ■ i 1/111* i. seamen and others their service, and receive on board of their vessells, in any belong to either port or place in the jurisdiction of their High Mightinesses aforesaid, seamen or others, natives or inhabitants of any of the said States, upon such conditions as they shall agree on, without being sub- ject for this to any fine, penalty, punishment, process, or reprehension whatsoever. ■ And reciprocally, all merchants, captains and commanders, belonging to the said United Netherlands, shall enjoy, in all the ports and places under the' obedience of the said United States of America, the same priviledge of engaging and receiving seamen or others, natives or in- habitants of any country of the domination of the said States General : Provided, that neither on one side" nor the other, they may not take into their service such of their countrymen who have already engaged in the service of the other party contracting, whether in war or trade, and whether they meet them by land or sea; at least if the captains or mas- ters under the command of whom such persons may be found, will not of his own consent discharge them from their service, upon pain of being otherwise treated and punished as deserters. Article XXVIII. The affair of the refraction shall be regulated in all equity and jus- tice, by the magistrates of cities respectively, where it shall be judged that there is any room to complain in this respect. Article XXIX. The present treaty shall be ratified and approved by their High 616 TREATIES AND CONVENTIONS. . , Mightinesses the States General of the United Netherlands, Ratification. an ^ ^ fag. United States of America ; and the acts of rat- ification shall be delivered in good and due form, on one side and on the other, in the space of six months, or sooner if possible, to be computed from the day of the signature. In faith of which, We the Deputies and Plenipotentiaries of the Lords the States General of the United Netherlands, and the Minister Pleni- potentiary of the United States of America, in virtue of our respective authorities and full powers, have signed the present treaty, and apposed thereto the seals of our arms. Done at the Hague the eight-of October, one thousand seven hundred eighty-two. JOHN ADAMS. GEORGE VAN RANDWYCK. B. V. D. SANTHEUVEL. P. V. BLEISWYK. W. 0. H. VAN LYNDEN. D. J. VAN HEECKEREN. JOAN VAN KUFFELER. E: G: VAN DEDEM, tot den Gelder. H: TJASSENS. L. S.' L. S.' L. s.' L. s.' L. s. L. s.' L. s.' L. s. L. s.' NETHERLANDS, 1782. CONVENTION BETWEEN THE LORDS THE STATES GENERAL OF THE UNITED NETHERLANDS, AND THE UNITED STATES OF AMERICA, CONCERNING VESSELLS RECAPTURED. CONCLUDED OCTOBER 8, 1782. The Lords the States General of the United Netherlands, and the United States of America, being inclined to establish some October 8, 1782. . . -, ... 7 , ,. °. - , , * ., uniform principles with relation to prizes made by vessells of war, and commissioned by the two contracting Powers, upon their common enemies, and to vessells of the subjects of either party, cap- tured by the enemy, and recaptured by vessells of war commissioned by either party, have agreed upon the following articles. Article I. The vessells of either of the two nations recaptured by the privateers wi.™ vesads or of the other, shall be restored to the first proprietor, if such recaptare^howftey vessells have not been four and twenty hours in the power •hau b« restored. f fljg enemy, provided the owner of the vessell recaptured, pay therefor one-third of the value of the vessell, as also of that of the cargo, the cannons and apparel, which third shall be valued by agree- ment, between the parties interested ; or, if they cannot agree thereon among themselves, they shall address themselves to the officers of the admiralty, of the place where the privateer who has retaken the vessell shall have conducted her. Article II. If the vessell recaptured has been more than twenty -four hours in the when they shaii power of the enemy, she shall belong entirelv to the pri- belons to the re- x , l x. ill. captor. vateer who has retaken her. ARTICLE III. In case a vessell shall have been recaptured by a vessell of war belong- , NETHERLANDS, 1782. 617 ing to the States General of the United Netherlands, or to whe „ recaptnred the United States of America, she shall be restored to the b t Lr a .Mi °i."S first owner, he paying a thirtieth part of the value of the 8t0^e ' , ■ ship, her cargo, cannons and apparel, if she has been recaptured in the interval of twenty-four hours, and the tenth part if she has been recap- tured after the twenty-four hours ; which sums shall be distributed in form of gratifications to the crews of the vessells which shall have retaken her. The valuation of the said thirtieth parts and tenth parts, shall be regulated according to the tenour of the first article of the present convention. Article IV. The restitution of prizes, whether they may have been retaken by vessells of war or by privateers, in the mean time and untill • •!_ ^ nn j_ j? i j? j_i j Restitution. requisite and sufficient proofs can be given of the property of vessells recaptured, shall be admitted in a reasonable time, under sufficient sureties for the observation of the aforesaid articles. Article V. The vessells of war and privateers, of one and of the other of the two nations, shall be reciprocally, both in Europe andinthe other parts of the world, admitted iu the respective ports of each privSSA, and "hef; with their prizes, which may be unloaded and sold according ""*'"' to the formalities used in the State where the prize shall have been con- ducted, as far as may be consistent with the 22d article of the treaty of commerce: Provided always, that the legality of prizes by the vessells of the Low Countries, shall be decided conformably to the laws and regulations established in the United Netherlands; as likewise, that of prizes made by American vessells, shall be judged according to the laws and regulations determined by the United States of America. Article VI. Moreover,' it shall be free for the States General of the United Nether- lands, as well as for the United States of America, to make Each nation m , y such regulations as they shall judge necessary, relative to make "* ulMi °™- the conduct which their respective vessells and privateers ought to hold in relation to the vessells which they shall have taken and conducted into the ports of the two Powers. In faith of which, We the Deputies and Plenipotentiaries of the Lords the States General of the United Netherlands, and Minister Plenipo- tentiary of the United States of America, have, in virtue of our respect- ive authorities and full powers, signed these presents, and confirmed the same with the seal of our arms. Done at the Hague the eight of October, one thousand seven hundred dred eighty-two. JOHN ADAMS. [L. s. GEOBGE VAN BANDWYCK. [l. s. B. V. D. SANTHEUVEL. [L. s. P. V. BLEISWYK. [L. s. W. C. H. VAN LYNDEN. [L. s. D. J. VAN HEECKEEEN. [L. s. JOAN VAN KUEEELEE. [l. s. F: G: VAN DEDEM, tot den Gelder. [L. s. H: TJASSENS. IL. S. 618 TREATIES AND CONVENTIONS. NETHEBLANDS, 1839. TREATY WITH THE KING OF THE NETHERLANDS. CONCLUDED JANUARY 19, 1839; RATIFICATIONS EXCHANGED MAY 23, 1839; PROCLAIMED MAY 24, 1839. The United States of America and His Majesty the King of the Nether- lands, anxious to regulate the commerce and navigation carried on between the two countries in their respective vessels, have, for that pur- pose, named plenipotentiaries, that is to say: The President of the United States has appointed John Forsyth, Secretary of State of the said United States ; and His Majesty the King of the Netherlands, Jonkheer Evert Marius Adrian Martini, Member of the Body of Nobles of the Province of North Brabant, Knight of the Order of the Netherland Lion, and his Charge" d' Affaires near the United States; Who, having exchanged their respective full powers, found in good and due form, have agreed to the following articles: Article I. - Goods and merchandise, whatever their origin may be, imported into or exported from the ports of the United States from or to the ports of the Netherlands in Europe, in vessels of the Netherlands, shall pay no higher or other duties than shall be levied on the like goods and merchandise so imported or exported in national vessels ; and, reciprocally, goods and merchandise, whatever their origin may be, imported into or exported from the ports of the Netherlands in Europe from or to the ports of the United States, in vessels of the said States, shall pay no higher or other duties than shall be levied on the like goods and merchandise so imported or exported in national vessels. The bounties, drawbacks, or other favors of this nature which may be granted in the States of either of the contracting parties on goods imported or exported in national vessels shall also and in like manner be granted on goods directly exported or imported in vessels of the other country to and from the ports of the two countries ; it being understood that, in the latter as in the preceding case, the goods shall have been loaded in the ports from which such ves- sels have been cleared. Article II. Neither party shall impose upon the vessels of the other, whether carrying cargoes between the United States and "the ports Tonnase dutne, Ac. Q £ ^ ^gfc^erianijg { Q Europe, or arriving in ballast from any other country, any duties of tonnage, harbour dues, light-houses, salvage, pilotage, quarantine, or port charges of any kind or denomination which shall not be imposed in like cases on national vessels. Article III. It is further agreed between the two contracting parties that the Oon- PriTiie« M .of c»i.,ftc. vessels in like cases. Article VI. The present treaty shall be in force for the term of ten years, com- mencing six weeks after the exchange of the ratifications ; r, uration of the and further until the end of twelve months after either of tre " y - the contracting parties shall have given to the other notice of its inten- tion to terminate the same : each of the contracting parties reserving to itself the right of giving such notice to the other, after the expiration of the said term of ten years. And it is hereby mutually agreed that in case of such notice this treaty, and all the provisions thereof, shall, at the end of the said twelve months, altogether cease and determine. Article VII. The present treaty shall be ratified, and the ratifications shall be exchanged at Washington, within six months of its exoblSuSd'SS'.il -i , • « . . i , ' months. pate, or sooner if practicable. In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done in duplicate at the city of Washington, this nineteenth day of January, in the year of our Lord one thousand eight hundred and thirty-nine. JOHN FOBSYTH. ADE. MABTINI. NETHERLANDS, 1852. SUPPLEMENTAL CONVENTION TO TREATY OF JANUARY 19, 1839, WITH THE NETHERLANDS. CONCLUDED AUGUST 26, 1852; RATIFICATIONS EXCHANGED FEBRUARY 25, 1853; PROCLAIMED FEBRUARY 26, 1853. The United States of America and His Majesty the King of the Netherlands, being desirous of placing the commerce of . - e a oti ?o' to terminate the same, each of the contracting parties re- cease - serving to itself the right of giving such notice to the other, after the expiration of the said term of two. years. And it is hereby mutually agreed that, in case of such notice, this convention, and all the pro- visions thereof, as -well as the said treaty of 19th January, 1839, and the provisions thereof, shall, at the end of the said twelve months,' altogether cease and determine. Article VII. The present convention shall be ratified, and the ratifications shall 622 TREATIES AND CONVENTIONS. be exchanged at Washington within six months of its date. Ratifications. ^ -i t ' or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done in duplicate at the city of Washington', this twenty-sixth day of August, in the year of our Lord one thousand eight hundred and fifty-two. DAN'L WEBSTEE. FS. TESTA. SEAL. SEAL. NETHERLANDS, 1855. CONVENTION WITH THE NETHERLANDS RESPECTING CONSULS OF THE UNITED STATES IN DUTCH COLONIES. CONCLUDED JANUARY 22, 1855 ; RATIFICATIONS EXCHANGED MAY 25, 1855 ; PROCLAIMED MAY 26, 1855. His Majesty the King of the Netherlands, wishing to strengthen the bonds of friendship subsisting between the United States of America and the Kingdom of the Netherlands, and to give the amplest possible development to the commercial intercourse so happily established between the two nations, has, for the accomplish- ment of that purpose, and in order to satisfy a desire repeatedly expres- sed by the Government of the United States, consented to receive Con- suls. from said States in the principal ports of the Dutch colonies, with the reservation, however, of making this concession the subject of a special convention, which shall determine, in a clear and precise manner,' the rights, duties, and privileges of said Consuls in the colonies above mentioned. Accordingly, the President of the United States has named August Belmont, a citizen of the United States, and their Minister Besident near His Majesty the King of the Netherlands; His Majesty the King of the Netherlands, the Sieur Floris Adriaan Van Hall, Grand Cross of the Order of the Netherlands Lion, His Majesty's Minister of State and for Foreign Affairs, and the Sieur Charles Ferdi- nand Pahud, Grand Cross of the Order of the Netherlands Lion, His Majesty's Minister for the colonies ; Who, after communicating to each other their full powers, found in good and due form, have agreed upon the following articles: Article I. nerican consuls, Consuls-General, Consuls, and Vice-Consuls of the United ,TSSion™°"o States of Amerika will be admitted into all the ports in the certain possessions , ■ ■ t • ,. , . -.-r . . -. t and colonies of the transmarine possessions or colonies of the Netherlands, which are open to the vessels of all nations. Article II. The Consuls-General, Consuls, and Vice-Consuls of the United States Their power, and of America are considered as commercial agents, protectors office. f f^g maritime 'commerce of their countrymen, in the ports within the circumference of their consular districts. They are subject to the laws, both civil and criminal, of the country to be subject to in which they reside, with such exceptions as the present the laws convention establishes in their favor. NETHERLANDS, 1855. 623 Article III. The Consuls-General and Consuls, before being admitted to exercise their functions, and to enjoy the immunities attached there- Their commis.ions to, must present a commission, in due form, to the govern- "> be P rese » tei1 - nient of His Majesty the King of the Netherlands. After having obtained the exequatur, which shall be countersigned as promptly as possible by the governor of the colony, the said em ^ n Consular Agents shall be entitled to the protection of the government, and to the assistance of the local authorities, in the free exercise of their functions. The Government, in granting the exequatur, reserves the right of withdrawing the same, or to cause it to be withdrawn by the Governor of the colony, on a statement of the reasons for doing so. Article IV. The Consuls-General and Consuls are authorized to place on the outer door of their consulates the. arms of their Government, with InscriI)tionon their the inscription : < ' Consulate of the United States of America." offices - It is well understood that, this outward mark shall never be consid- ered as conferring the right of asylum, nor as having the „„, t0 Bive the power to exempt the house and those dwelling therein from " Bht of asyl " ra - the prosecution of the local justice. Article Y. It is, nevertheless, understood that the archives and documents relat- ing to the affairs of the consiilate shall be protected against Archives &c all search, and that no authority or magistrate shall have nib£c"™'aeiirch™r ,, ' -. jti , ■ » i_ • examination. the power, under any pretext whatever, to visit or seize them, or to examine their contents. Article VI. • * The Consuls-General, Consuls, and Vice-Consuls shall not be invested with any diplomatic character. When a request is to be addressed to the Netherlands Government, it must be done through the medium of the Diplomatic Agent residing at the Hague, if one be there. The Consul may, in case of urgency, apply to the Governor of the colony himself, showing the urgency of the case, and stating the reasons why the request cannot be addressed to the subordinate authorities, or that previous applications made to such authorities haA r e not been at- tended to. Article VII. Consuls-General and Consuls shall be free to establish Vice-Consuls in the ports mentioned in art. 1, and situated in their vice-consuls may consular districts. be appointed. # The Vice-Consuls may be taken indiscriminately from among the sub- jects of the Netherlands, or from citizens of the United States, or of any other country residing, or having the privilege, according to the local laws, to fix their residence in the port to which the Vice-Consul shall be named. These Vice-Consuls, whose nomination shall be submitted to the ap- Consuls, &c, not to have diplomatic powers, except, &c. 624 TREATIES AND CONVENTIONS. proval of the Governor of the colony, shall be provided with a certificate, given to them by the Consul under whose orders they exercise their func- tions. The Governor of the colony may in all cases withdraw from the Vice- Consuls the aforesaid sanction, in communicating to the Consul-General or Consul of the respective district the motives for his doing so. Article VIII. Passports, delivered or signed by Consuls or Consular Agents, do not Sports and their dispense the bearer from providing himself with all the efrect - papers required by the local laws, in order to travel or to establish himself in the colonies. The right of the Governor of the colony to prohibit the residence in, or to order the departure from the colony of any person, to whom a passport may have been delivered, remains undisturbed. Article IX. When a ship of the United States is wrecked upon the coast of the Dutch colonies, the Consul-General, Consul, or Vice-Consul who is present at the scene of the disaster, will, in case'of the absence, or with t[h]e consent of the captain or supercargo, take all the necessary measures for the salvage of the vessel, the cargo, and all that appertains to it. . In the absence of the Consul-General, Consul, or Vice-Consul, the Dutch authorities of the place where the wreck has taken place will act in the premises, according to the regulations prescribed by the laws of the colony. Article X. Consuls-General, Consuls, and Vice-Oonsuls may, in so far as the ex- Bedamatior, or d e . tradition of deserters from merchant- vessels or ships of war serter, from v es5 ei 8 . gjj^j jj ave De en stipulated by treaty, request the assistance of the local authorities for the arrest, detention, and imprisonment of deserters from vessels of the United States. To this end they shall ap- ply tcthe competent functionaries, and claim said deserters, in writing, proving by the register of the vessel, the list of the crew, or by any other authentic document, that the persons claimed belonged to the crew. The reclamation being thus supported, the local functionaries shall exercise what authority they possess, in order to cause the deserters to be delivered up. These deserters, being arrested, shall be placed at the disposal of said Consuls, and may be confined in the public prisons at the request and at the expense of those who claim them, in order that they may be taken to the vessels to which they belong, or to other vessels of the same na- tion. But if they are not sent back within four months from the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause. It is understood, however, that if the deserter be found to have com- mitted any crime, offence, or contravention, his extradition may be de- layed until the court having cognizance of the matter shall have pro- nounced its sentence, and the same has been carried into execution. Article XI. In case of the death of a citizen of the United States, without NETHERLANDS, 1855. 625 Laving any known heirs or testamentary executors, the E . tllto oraec.,. e d Dutch authorities, who, according to the laws of the colo- pen "" ls - , nies, are charged with the administration of the estate, will inform the Consuls, or Consular Agents, of the circumstance, in order that the necessary information may be forwarded to parties interested. Aticle XII. The Consuls-General, Consuls, and Vice-Consuls have, in that capacity, in so far as the laws of the United States of America allow Arbitrations it, the right to be named arbiters in the differences which Comuls - may arise between 1 the masters and the crews of the vessels belonging to the United States, and this without the interference^ the local authorities, unless the conduct of the crew or of the captain should have been such as to disturb the order and tranquillity of the country, or that the Consuls-General, Consuls, or Vice-Con suls, should request the assist- ance of the said authorities, in order to carry out their decisions or to maintain their authority. It is understood, however, that this decision or special arbitrament is not to deprive, on their return, the parties in litigation of the right of appeal to the judiciary authorities of their own country. Article XIII. The Consuls-General, Consuls, and Vice-Consuls, who are not subjects of the Netherlands, who, at the time of their appointment, are not established as residents in the Kingdom of the e^'&T, °i l°°i Netherlands or its colonies, and who do not exercise any '"■"' setviCM - &c - calling, profession, or trade, besides their consular functions, are, in so far as in the United States the same privileges are granted to the Con- suls-General, Consuls, and Vice-Consuls of the Netherlands, exempt from military billetings, from personal taxation, and, moreover, from all public or municipal taxes which are considered of a personal character, so that this exemption shal[l] never extend to custom-house duties or other taxes, whether indirect or real. The Consuls-General, Consuls, and Vice-Consuls, who are not natives or recognized subjects of the Netherlands, but who may exercise conjointly with, their consular functions any profession or trade Avhatever, are obliged to fulfill duties, and pay taxes and contributions, like all Dutch subjects and other inhabitants. Consuls-General, Consuls, and Vice-Consuls, subjects of the Nether- lands, but ip whom it has been accorded to exercise consular functions conferred by the Government of the United States of America, are obliged to fulfill duties, and pay taxes and contributions, like all Dutch subjects and other inhabitants. Article XIV. The Consuls-General, Consuls, and Vice-Consuls of the United States shall enjoy all such other privileges, exemptions, and immu- nities, in the colonies of the Netherlands, as may at any ^ T LTf^i e Z future time be granted to the agents of the same rank of the '""■' most favored nations. Article XV. The present convention shall remain in force for the space of five 626 TREATIES AND CONVENTIONS. Burat,o„ of thi 8 years from the day of the exchange of the ratifications, which convention. shall take place within the delay of twelve months, or sooner if possible. In case neither of the contracting parties gives notice twelve months before tlie expiration of the said period of five years, of its intention not to renew this convention, it shall remain in force a year longer, and so on from year to year, until the expiration of a year from the day on which one of the parties shall give such notice. In witness whereof, the respective Plenipotentiaries have signed the present convention, and have affixed thereto the seals of their arms. Done at the Hague this twenty-second day of January, in the year of our Lord one thousand eight hundred and fifty-five. AUGUST BELMONT. VAN HALL. C. P. PAHUD. L. S. L. S. L. S. NEW GRANADA [See Colombia. Ante, page 177 to page 195.] NICARAGUA, NEOAEAGUA, 1867. TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF NICARAGUA. CON- CLUDED JUNE 21, 1867; RATIFICATIONS EXCHANGED JUNE 20, 1868; PROCLAIMED AUGUST 13, 1868. The United States of America and the Eepublic of Mcaragua, desiring to maintain and to improve the good understanding and the friendly relations which now happily exist between them, c<,ntrac "" BPart '"- to promote the commerce of their citizens, and to make some mutual arrangement with respect to a communication between the Atlantic and Pacific Oceans by the river San Juan and either or both the lakes of Nicaragua and Managua, or by any other route through the Territories j£ Mcaragua, have agreed, for this purpose, to conclude a treaty of friendship^ commerce, and navigation, and have accordingly named as their respective Plenipotentiaries, that is to say : . The President of the United States, Andrew B. Dickinson, Minister Eesident and Extraordinary to Mcaragua; and His Excellency the President of the Eepublic of Mcaragua, Senor Licenciado Don Tomas Ayon, Minister of Poreign Eelations : Who, after communicating to each other their full powers, found in due and proper form, have agreed upon the following articles : Article I. There shall be perpetual amity between the United States and their citizens oh the one part, and the Government of the Eepublic ?mx and friend _ of Mcaragua and its citizens of the other. 8h ' 1 '- Article II. There shall be between all the territories of the United States and the territories of the Eepublic of Mcaragua a reciprocal freedom Prcedom of com . of commerce. The subjects and citizens of the two coun- mmx - tries, respectively, shall have full liberty freely and securely to come with their ships and cargoes to all places, ports, and rivers in the terri- tories aforesaid, to which other foreigners are or maybe permitted to come, to enter into the same, and to remain and reside in any part thereof, 628 TREATIES AND CONVENTIONS. respectively ; also to hire and occupy houses and warehouses for the pur- poses of their commerce ; and generally the merchants and traders of each nation, respectively, shall enjoy the most complete protection and security for tlieir commerce, subject always to the laws and statutes of the two countries, respectively. In like 'manner the respective ships of war and post-office packets of the two countries shall have liberty freely and securely to come to all harbors, rivers, and places to which other foreign ships of war and packets are or may be permitted to come, to enter the same, to anchor, and to remain there and refit, subject always to the laws and statutes of the two countries, respectively. By the right of entering places, ports, and rivers, mentioned in this article, the privilege of carrying on the coasting trade is not coiutiu trad.. understood; in which trade national vessels only of the country where the trade is carried on are permitted to engage., Aetiole III. ■ It being the intention of the two high contracting parties to bind night, of most themselves by the two preceding articles to treat each other fevored nations. on ^he f 00 ting of the niost favored nations, it is hereby agreed between them that any favor, privilege, or immunity whatever,, in matters of commerce and navigation, which either contracting party has actually granted, or-may grant hereafter, to the subjects or citizens of any other State, shall be extended to the subjects or citizens of the other contracting party ; gratuitously, if the concession in favor of that other nation shall have been gratuitous, or in return for a compensation, as nearly as possible of a proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional. Aetiole IV. No higher or other' duties shall be imposed on the importation into' the territories of the United States of any article being the growth, produce, or manufacture of the Eepublic of Nica- ragua, and no* higher or other duties shall be imposed on the importation into the territories of the Eepublic of Nicaragua of any article being the growth, produce, or manufacture of the United States, than are or shall be payable upon the like articles being the growth, produce, or manu- facture of any other foreign country; nor shall any other or higher duties or charges be imposed in the Territories of either of the high con- tracting parties on the exportation of any articles to the Territories of the other than such as are or may be payable on the exportation of the like articles to any other foreign country ; nor shall any prohibition be imposed upon the importation or exportation of any articles the growth, produce, or manufacture of the territories of the United States or the Eepublic of Nicaragua to or from the said ter- ritories of the United States, or to or from the Eepublic of Nicaragua, which shall not equally extend to all other nations. Aetiole V. No higher or other duties or payments on account of tonnage, of light Tonnage duties, or harbor dues, or pilotage, of salvage in case of either dam- harbor dues, to ' a g e or shipwreck, or on account of any local charges, shall be imposed in any of the ports of Nicaragua on vessels of the United States than those payable by Nicaraguan vessels, nor in any of the ports NICARAGUA, 1867. 629 of the United States on Nicaraguan vessels than shall be payable in the same ports on vessels of the United States. Article VI. The same ditties shall be paid on the importation into' the territories of the Eepublic of Nicaragua of any articles being the growth, ^.^ on ott> produce,or manufacture of the territories of the United States, the wmVTn'vSr -whether such importation shall be made in Nicaraguan ves- sels or in the vessels of the United States ; and the same duties shall be paid on the importation into the territories of the United States of any article being the growth, produce, or manufacture of the Eepublic of Nicaragua, whether such importation shall Tbe made in Nicaraguan or United States vessels. The same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation to the Eepublic of Nicaragua, of any article, being the growth, produce, or manufacture of the territories of the United States, whether such exportation shall be made in Mcaraguan or United States vessels ; and the same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any articles, being the growth, produce, or manufacture of the Eepublic of Nicaragua to the territories of the United States, whether such exportation shall be made in the vessels of the United States or of Nicaragua. Article VII. All merchants, commanders of ships, and others, citizens of the United States, shall have full liberty in all the territories of the Ee- Hi8l)ta of citizen3 public of Nicaragua to manage their own affairs themselves, ?L e t^M°T"c'ihi as permitted by the laws, or to commit them to the manage- other ' ment of whomsoever they please, as broker, factor, agent, or inter- preter ; nor shall they be obliged to employ any other persons in those capacities than those employed by Nicaraguans, nor to pay them any other salary or remuneration than such as is paid in like cases by Nicaraguan citizens ; and absolute freedom shall be allowed in, all cases to the buyer and seller to bargain and fix the price of any goods, wares, or merchandise imported into or exported from the Eepublic of Nicaragua as they shall see good, observing the laws and established customs of the country. The same privileges shall be enjoyed in the territories of the United States by the citizens of the Eepublic of Nicaragua under .1 tj. x ° Privileges. the same conditions. The citizens of the high contracting parties' shall reciprocally receive and enjoy full and perfect protection for their persons and ' p rotectlon to P «> property, and shall have free and open access to the courts 90ns an ' 1 vw*- of justice iu said countries, respectively, for the prosecution and defence of their just rights ; and they shall be at liberty to employ, in all cases, advocates, attorneys, or agents, of whatsoever description, whom they may think proper ; and they shall enjoy, in this respect, the same rights and privileges therein as native citizens. Article VIII. In whatever relates to the police of the ports, the lading and unlading ' <5f ships, the safety of merchandise, goods, and effects, the RiBM , ot eit . M „„ succession to personal estates, by will or otherwise, and the t^tS-ruSTM disposal of personal property of every sort and denomination ° lher - 630 TREATIES AND CONVENTIONS. by sale, donation, exchange, testament, or any other manner whatsoever, as also the administration of justice, the citizens of the two high con- tracting parties shall reciprocally enjoy the same privileges, liberties, and rights as native citizens ; and they shall not be charged in any of these respects with any higher imposts or duties than those which are or may be paid by native citizens, submitting, of course, to the local laws and regulations of each country, respectively. The foregoing provisions shall be applicable to real estate situated within the States of the American Union, or within the Ke- public of Nicaragua, in which foreigners shall be entitled to hold or inherit real estate. But in case real estate situated within the territories of one of the contracting parties should fall to a citizen of the other party, who, on account of his being an alien, could not be per- mitted to hold such property in the State in which it may be situated, there shallbe accorded to the said heir, or other successor, such time as the laws of the State will permit to sell such property. He shall be at liberty, at all times, to withdraw and export the proceeds thereof with- out difficulty, and without paying to the Government any other charges -than those which would be paid by an inhabitant of the country in which the real estate may be situated. If any citizen of the two high contracting parties shall die without a Estates or decked will or testament in any of the territories of the other, the persons. Minister or Consul, or other Diplomatic Agent of the nation to which the deceased belonged, (or the representative of such Minister or Consul, or other Diplomatic Agent, in case of absence,) shall have the right to nominate curators to take charge of the property of' the deceased, so far as the laws of the country will permit, for the benefit of the law- ful heirs and creditors of the deceased, giving proper notice of such nomination to the authorities of the country. Article IX. 1. The citizens of the United States residing in Nicaragua, or the citi- intemwria B e and zens of Nicaragua residing in the United States, may inter- Jo 01 S7S.S marry with the natives of the country ; hold and possess, character. jjy p urc hase, marriage, or descent, any estate, real or per- sonal, without thereby changing their national character, subject to the laws which now exist or may be enacted in this respect. 2. The citizens of the United States residents in the Eepublic of Nic- Exemptbn from ar-agua, and the citizens of Nicaragua residents in the United eerTe'SorSu 3 '. States, shall be exempted from all forced or compulsory tiona - military service whatsoever, by land or sea ; from all con- tributions of war, military exactions, forced loans in time of war; but they shall be obliged, in the same manner as the citizens of each nation, to pay lawful taxes, municipal and other modes of imposts, and ordinary charges, loans, and contributions in time of peace, (as the citizens of the country are liable,) in just proportion to the property owned. . 3. Nor shall the property of either, of any kind, be taken for any property not. to bo public object without full and just compensation to be paid taken unless, &c. j n advanCC J and 4. The citizens of the two high contracting parties shall have the un- rreedomof uavei limited right to go to ahy part of the territories of the other, and intercourse. ail( j j n a J| cases enjoy the same security as the natives of the country where they reside, with the condition that they duly observe* the laws and ordinances. NICARAGUA, 1867, 631 Article X. It shall be free for each of the two high contracting parties to appoint Consuls for the protection of trade, to reside in any of the 0omu]s territories of "the other party. But before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent ; and either of the high Rec08 „ ition contracting parties may except from the residence of Con- suls such particular places as they judge fit to be excepted. Evidence. The Diplomatic Agents of Nicaragua and Consuls shall eDJoy in the territories of the United States whatever privileges, exemp- p tivi , ege3 a „a im . tions, and immunities are or shall be allowed to the agents mu, " tie3 - of the same rank belonging to the most favored nations ; Diplomatic Agents and in the like manner the Diplomatic Agents and Consuls and ConsuI "- of the United States in Nicaragua shall enjoy, according to the strictest reciprocity, whatever privileges, exemptions, and immunities are or may be granted in the Eepublic of Nicaragua to the Diplomatic Agents and Consuls of the most favored nations. Article XL For the better security of commerce between the citizens of the United States and the citizens of Nicaragua, it is agreed, that if at Incaaeof ^ riea i. any time any interruption of friendly intercourse, or any Sj^emS/' prop- rupture, should unfortunately take place between the two etty - high contracting parties', the citizens of either, who may be within the territories of the other, shall, if residing on the coast, be allowed six* months, and if in the interior, a whole year, to wind up their accounts, and dispose of their property ; and a safe-conduct shall be given to them to embark at any port they themselves may ■select. Even in case of rupture, all such citizens of either of the high contracting parties, who are established in any of the territories of the other, in trade or other employment, shall have the privilege of remaining and of continuing such trade or employment, without any manner of interruption, in the full enjoyment of liberty and property, so long as they behave peace- ably, and commit no offence against the laws ; and their goods and^ effects, of whatever description they may be, whether in their own cus- tody, or intrusted to individuals or to the State, shall not be liable to seizure or sequestration, nor to any other charges or demands than those which may be made upon the like effects or property belonging to the native citizens of the country in which such citizens may reside. In the same case, debts between individuals, property in public funds, and shares of companies, shall never be confiscated, nor detained, nor sequestered. Article XII. The citizens of the United States and the citizens of the Eepublic of .Nicaragua, respectively, residing in any of the territories Rightst)freBident! , T of the other party, shall enjoy in their houses, persons, and jj}™"' of the oth " property, the protection of the Government, and shall con- tinue in possession of the guarantees which they now enjoy. They shall not be disturbed, molested, or annoyed in any manner on account of their religious belief, nor in the proper exercise of their religion, agree- ably to the system of tolerance established in the territories of the high contracting parties; provided they respect the religion of the nation in which they reside, as well as the constitution, laws, and customs of the country. 632 TREATIES AND CONTENTIONS. Liberty shall also be granted to bury the citizens of either of the two high contracting parties, who may die in the territories aforesaid, in burial-places of their own, which in the same manner may be freely established and maintained; nor shall the funerals or sepulchres of the dead be disturbed in any way or upon any account. i Article XIII. Whenever a citizen of either of the contracting parties shall be forced Ref e anj as ium. *° see ^- Te ^ n S & or asylum in the rivers, bays, ports, or do- minions of the other with their vessels, whether merchant or war, public or private, through stress of weather, pursuit of pirates = or enemies, or want of provisions or water, they shall be received and treated with humanity, and given all favor and protection for repairing their vessels, procuring provisions, and placing themselves in all re- spects in a condition to continue their voyage without obstacle of any kind. Article XIV. ' The Eepublic of Nicaragua hereby grants to the United States, and ■ *° their citizens and property, the right of transit be- tetwLntheAtiaS tween the Atlantic and, .Pacific Oceans through the terri- and Pacific Oceans. , „ , -. ■ -,-» , -, . ,„ ... . tory of that Republic, on any route of communication, nat- ural or artificial, whether by land or by water, which may now or hereafter exist or be constructed under the authority of Nicaragua, to be used and enjoyed in the same manner and upon equal terms by both Repub- lics and their respective citizens ; the Eepublic of Nicaragua, however, reserving its rights of sovereignty over the same: Article XV. The United States hereby agree to extend their protection to all such Neurit &c of rou t es of communication as aforesaid, and to guarantee the tb tTsf ' ,0 ° "^ neutrality and innocent use of the same. They also agree to employ their influence with other nations to induce them ' to guarantee such neutrality and protection. And the Eepublic of Nicaragua, on its part, undertakes to establish F ree on one ^ ree I 101 * 3 a ^ eacn extremity of one of the aforesaid routes of communication between the Atlantic and Pacific no tonnage or other Oceans. At these ports no tonnage or other duties shall duties. be imposed or levied by the Government of Nicaragua on the vessels of the United States, or on any effects or merchandise belonging to citizens or subjects of the United States, or upon the ves- sels or effects of any other country intended, bon^ fide, for transit across the said routes of communication, and not for consumption within conveyance of the Eepublic of Nicaragua. The United States shall also troops. jj e a £ liberty, on giving notice to the Government or author-, ities of Nicaragua, to carry troops and munitions of war in their own vessels, or otherwise, to either of said free ports, and shall be entitled to their conveyance between them without obstruction by said Govern- ment or authorities, and without any charges or tolls whatever for their transportation on either of said routes; provided. said troops and mu- nitions of war are not intended to be employed against Central Ameri- can nations friendly to Nicaragua. And no higher or other charges or tolls shall be imposed on the conveyance or transit of persons and property of citizens or subjects of the United NICARAGUA, 1867. ' 633 States, or of any other country, across the said routes of communication, than are or may be imposed on the persons and property of citizens of Nicaragua. And the Eepublic of Nicaragua concedes the right of the Postmaster- General of the United States to enter into contracts with any individuals or companies t6 transport the mails of the United States along the said routes of communication, or along any other routes across the Isth- mus, in its discretion, in closed bags, the contents of which may not be intended for distribution within the said Eepublic, free from the imposi- tion of all taxes or duties by the Government of Nicaragua ; but this liberty is not to be construed so as to permit such individuals or com- panies, by virtue of this right to transport the mails, to carry also pas- sengers or freight. Article XVI. The Eepublic of Nicaragua agrees that, should it become necessary at any time to employ military forces for the security and pro- cti(m of tection of persons and property passing over any of the routes » JaKwHty "« aforesaid, it will employ the requisite force for that purpose ; but upon failure to do this from any cause whatever, the Government of the United States may, with the consent, or at the request of the Gov- ernment of Nicaragua, or of the Minister thereof at Washington, or of the competent legally appointed local authorites, civil or military, em- ploy such force for this and for no other purpose ; and when, Un . tEd sMeB in the opinion of the Government of Nicaragua, the necessity g« ™«™ T? ceases, such force shall be immediately withdrawn. In the exceptional case, however, of unforeseen or imminent danger to the lives or property of citizens of the United States, the forces of said Eepublic are authorized to act for their protection without such consent having, been previously obtained. But no duty or power imposed upon or conceded to the United States by the provisions of this article shall be performed or exercised except by authority and in pursuance of laws of Congress hereafter enacted. It being understood that such laws shall not affect the protection and guarantee of the neutrality of the routes of transit, nor the obligation to withdraw the troops which may be-disembarked in Nicaragua directly that, in the judgment of the Government of this Eepublic, they should no longer be necessary, nor in any manner bring about new obligations on Nicaragua, nor alter her rights in virtue of the present treaty. ... Article XVII." It is understood, however, that the United States, in according pro- tection to such routes of communication, and guaranteeing u v " Protection by tnt? their neutrality and security, always intend that the pro- um^a^te. may tection and guarantee are granted conditionally, and may '" """' I be withdrawn if the United States 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 treaty, either by making unfair discriminations in favor of the commerce of any country or countries over the commerce of any other country or countries, or by imposing oppressive exactions or unreasonable tolls upon mails, passengers, vessels, goods, wares, merchandise, or other articles. The aforesaid protection and guarantee shall not, however, be withdrawn by the, United States without first giving six months' notice to the Eepublic of Nicaragua. 634 TREATIES AND CONVENTIONS. Article XVIII. Rights of citizeni And it is further agreed and understood that in any grants or con- tracts which may hereafter be made or entered into by the Government of Nicaragua, having reference to the inter- oceanic routes above referred to, or either of them, the rights and privileges granted by this treaty to the Government and citizens of the United States shall be fully protected and reserved. And if any such grants or contracts now exist, of a valid character, it is further understood that the guarantee and protection of the United States, stipulated in Article XV of this treaty, shall be held inoperative and void until the holders of such grants and contracts shall recognize the concessions made in this treaty to the Government and citizens of the United States with respect to such inter-oceanic routes, or either of them, and shall agree to observe and be governed by these concessions as fully as if they had been embraced in their original grants or contracts ; after which recog- nition and agreement said guarantee and protection shall be in full force; provided that nothing herein contained shall be construed either to affirm or to deny the validity of the said contracts. Article XIX. After ten years from the completion of a railroad, or any other route of communication through the territory of Nicaragua, from, the Atlantic to the Pacific Ocean, no company which may have constructed or be in possession of the same shall ever divide, directly or indirectly, by the issue of new stock, the payment of dividends or otherwise, more than fifteen per cent, per annum, or at that rate, to its stockholders from tolls collected thereupon; but whenever the tolls shall be found to yield a larger profit than this, they shall be reduced to the standard of fifteen per cent, per annum. Article XX. The two high contracting parties, desiring tomake this treaty as du- Treits- to remain i» rable as possible, agree that this treaty shall remain in full force fifteen rear.. f or ce f or the term of fifteen years from the day of the exchange of the ratifications ; and either party shall Ijave the right tt> notify the other .of its intention to terminate, alter, or reform this treaty, at least twelve months before the expiration of the fifteen years; if no such notice be given, then this treaty shall continue binding beyond the said time, and until twelve months shall have elapsed from the day on which one of the parties shall notify the other of its intention to alter, reform, or abrogate this treaty. Article XXI. The present treaty shall be ratified, and the ratifications exchanged at the city of Managua, within one year, or sooner if pos- When to be ratified. ., , J 07 . J 1 1. r sible. In faith whereof the respective Plenipotentiaries have signed the same^ and affixed thereto their respective seals. Done at the city of Managua, this twenty-first day of June, in the year of our Lord one thousand eight hundred and sixty-seven. A. B. DICKINSON. TOMAS AYON. L. S. L. S. NICARAGUA, 1870. 635 NIC AEAGUA, 1870. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF NICARAGUA RELATIVE TO EXTRADITION. SIGNED JUNE 25, 1870; RATIFICATIONS EXCHANGED JUNE 24, 1871; PROCLAIMED SEP- TEMBER 19, 1871. The United States of America and the Eepublic of Nicaragua, hav- ing judged it expedient, with a view to the better adminis- 0"i o t x ' ■ . ,,, . ., Contracting parties. tration of justice, and to prevention of crimes within their respective territories and jurisdiction, that persons convicted of, or charged with the crimes hereinafter mentioned,' and being fugitives from justice, should, nnder certain circumstances, be reciprocally de- livered up, have resolved to conclude a convention for that purpose, and have appointed as their Plenipotentiaries : The President of the United States, Charles N. Eiotte, a citizen and Minister Eesident of the United States iu Nicaragua, the President of the Eepublic of Nicaragua, Mister Tomas Ayon, Minister for Porfeign] Eelations; ' Who, after reciprocal communication of their full powers, found in good and due form, have agreed upon the following articles, viz : Article I. The Government of the United States and the Government of Nic- aragua mutually agree to deliver up persons who, having Per90na convic , ad been convicted of or charged with the crimes specified in °Lt"„°cSe* tt the following article, committed within the jurisdiction of t0 be Bive " up -' ' one of the contracting parties, shall seek an asylum or be found within the territories of the other : Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehension and commitment for trial, if the crime had been there committed. Article II. Persons shall be delivered up, who shall have been convicted of, or be charged, according to the provisions of this convention, Cr . m ^ with any of the following crimes : » 1. Murder, comprehending assassination, parricide, in- „ „ j? . ■ ■ i i 7 i- - Murder. tantieme, and poisoning. 2.' The crimes of rape, arson, piracy, and mutiny on board a ship, whenever the crew, or part thereof, by fraud ~or violence against the commander, have taken possession of the ves- sel. 3. The crime of burglary, defined to be the action of breaking and entering by night into the house of another with the intent BurBhrr and rob . to commit felony ; and the crime of robbery, denned to be berr - the action of feloniously and forcibly taking from the person of another goods or money, by violence, or putting him in fear. 4. The crime of forgery, by which is understood the utterance of forged papers, the counterfeiting of public, sovereign, or government acts. ° reerr ' 5. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, bank-notes, and obligations, and in general, of, all Jitle s of instruments of credit, the counter- c ™" terfM "«- Rape, arson, piracy, 636 . TREATIES AND CONVENTIONS. feiting of seals, dies, stamps, and marks of State and public administra- tions, and the utterance thereof. Emblement by 6. The embezzlement of public moneys, committed within public office™, &c. the jurisdiction of either party, by public officers or depos- itors. 7. Embezzlement by any person or persons hired or sala- pe™™M I V™rd o* ried, to the detriment of their employers, when these crimes are subjected to infamous punishment. Article III. The provisions of this treaty shall not apply to any crime or offence of a political character, and the person or persons delivered n t°iSded°in"the up for the crimes enumerated in the preceding article, shall in no case be tried for any ordinary crime, committed pre- viously to that for which his or their surrender is asked. Article IV. If the person, whose surrender may be claimed pursuant to the stipu 1 Extradition may lations of the present treaty, shall have been arrested for be deferred, if, to. ^ e commission of offences in the country where he has sought an asylum, or shall have been convicted thereof, his extradition may be deferred until he shall have been acquitted, or have served the term of imprisonment to which he may have been sentenced. Article Y. Eequisitions for the surrender of fugitives from justice shall be made Requisites for by the respective Diplomatic Agents of the contracting par- ?™ d b r ow°'to ug be ties, or, in the event of the absence of these from' the coun- n»de. £ r y or } ts sea £ f government, they may be made by superior consular officers. If the person whose extradition may be asked for shall have been convicted of a crime, a copy of the sentence of the court in which he may have been convicted, authen- ticated under its seal, and an attestation of the official character of the judge by the proper executive authority, and of the latter by the Minis- ter or Consul of the United States or of Nicaragua, respectively, shall accompany the requisition. When, however, the fugitive shall have been merely charged with crime, a duly authenticated copy of the war- rant for his arrest in the country where the crime may have been com- mitted, and of the depositions upon which such warrant may have been warrant for arrest issued, must accompany the requisition as aforesaid. The President of the United States, or the proper executive authority in Nicaragua, may then issue a warrant for the apprehension of the fugitive, in order that he may be brought before the proper judi- cial authority for examining the question of extradition. If it should then be decided that, according to law and evidence, the extradition is due pursuant to this treaty, the fugitive may be given up according to the forms prescribed in such cases. Article VI. The expenses of the arrest, detention, and transportation 'of the per- sons claimed shall be paid by the Government in whose name the requisition shall have been made. NICARAGUA, 1870. , • 637 ABTIOLE VII. This convention shall continue in force during five (5) years from the day of exchange of ratifications; but if neither party shall convent™ to co„- have given to the other six (6) months previous notice of its ti ° uiil ""' 1 °»"-i intention to terminate the same, the convention shall remain in force five (5) years longer, and so on. The present convention shall be ratified and the ratifications exchanged at the capital of Nicaragua, or any other place temporally mm to te occupied by the Nicaraguan Government, -within twelve (12) months, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the present convention in duplicate, and have thereunto affixed , , , •*- ' Signature. their seals. Done at thecity of Managua, capital of the Eepublic of Nicaragua, the twenty-fifth day of June, one thousand eight hundred and seventy, of the Independence of the United States the ninety -fourth, and of the Independence of Nicaragua the fifty-ninth. SEAL. SEAL. CHAELES N. EIOTTE. TOMAS AYON. NORTH GERMAN UNION. NORTH GERMAN UNION, 1868. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE KING OF PRUSSIA, RELATIVE TO NATURALIZATION. CONCLUDED AT BERLIN FEBRUARY 22, 1868 ; RATIFICATIONS EXCHANGED MAY 9, 1868 ; PROCLAIMED. BY THE PRESIDENT OF THE UNITED STATES MAY 27, 1868. The President of the United States of America and His Majesty the King of Prussia in the name of the North German Confed- contr a ct, ne part.es. eTg ^ on ^ j e( j ^j. ^ w j s ] 1 to re g U i a t e the citizenship of those persons who emigrate from the North German Confederation to the United States of America, and from the United States of America to the territory of the North German Confederation, have resolved to treat on this subject, and have for that purpose appointed Plenipotentiaries to conclude a convention, that is to say : The President of the United States of America, George Bancroft, Envoy Extraordinary and Minister Plenipotentiary from the said States near the King of Prussia and the North German Confederation ; and His Majesty the King of Prussia, Bernhard Konig, Privy Councillor of Legation; who have agreed to and signed the following articles : Article I. Citizens of the North German Confederation, who become naturalized citizens of the United States of America and shall have re- mans ™be treated « sided uninterruptedly within the United States five years, shall be held by the North German Confederation to be American citizens, and shall be treated as^uch. Reciprocally, citizens of the United States of America who become naturalized citizens of the North German Confederation, When Americans ,o be treated aa North German citi- 1 aa and shall have resided uninterruptedly within North Ger- Eens. many five years, shall be held by the United States to be North German citizens, and shall be treated as such. The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization. This article shall apply as well to those already naturalized in either country as those hereafter naturalized.* Article II. A naturalized citizen of the one party on return to the territory of the Naturaii^ citi- other party remains liable to trial and punishment for an Kc'e .committed be": action punishable by the laws of his original country and fore emigration. committed before his emigration ; saving, always, the limi- tation established by the laws of his original country. *This clause is an amendment made by the Senate of the United States in the reso- lution assenting tovthe exchange. NORTH GERMAN UNION, 1868. 6$9 Article III. The eonvention~for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United Former mmmaon States on the one part and Prussia and other States of Ger- Zn^l'£7.t£ many on the other part, the sixteenth day of June, one exten tenth day of March, 1847. 1847 - W. E. VON BEAULTEU MAECONNAY. [l. s. A. DUDLEY MANN. [L. s.' 41 642 TREATIES AND CONVENTIONS. OLDENBUEG, 1853. > DATE, DECEMBEE 30, 1853; PROCLAIMED MARCH 21, 1854. [On the 30th of December, 1853, the Government of His Eoyal High- ness the Grand Duke of Oldenburg formally declared its accession to the convention of the 16th of June, 1852, between the United States and Prussia and other States of the Germanic Confederation, for the mutual delivery of criminals fugitives from justice in certain cases.] THE OTTOMAN POETE. THE OTTOMAN POETE, 1830. TREATY WITH THE OTTOMAN POETE. CONCLUDED MAY 7, 1830; RATIFIED FEBRUARY 2, 1831; PROCLAIMED FEBRUARY 4, 1832. (a) The object of this firm instrument, and the motive of this writing well drawn up, is, that — No treaty or diplomatic and official convention having heretofore existed between the Sublime Porte, of perpetual duration, and the United States of America, at this time, in consid- eration of the desire formerly expressed, and of repeated propositions which have lately been renewed by that Power, and in consequence of the wish entertained by the Sublime Porte to testify to the United States of America its sentiments of friendship, we, the undersigned Commissioner, invested with the high office of Chief of the Chancery of State of the Sublime Porte, existing forever, having been permitted by His very Noble Imperial Majesty to negotiate and conclude a treaty, and having thereupon conferred with our friend the Honorable Charles Ehind, who has come to this Imperial Eesidence furnished with full powers to negotiate, settle, and conclude the articles of a treaty, sepa- rately and jointly with the other two Commissioners, Commodore Biddle and David Ofrley, now at Smyrna, have arranged, agreed upon, and concluded the following articles: Article I. Merchants of the Sublime Porte, whether Mussulmans or Eayahs, going and coming in the countries, provinces, and ports of the United States of America, or proceeding from one port to another, or from the ports of the United States to those of other countries, shall pay the same duties and other imposts that are paid by the most favored nations; and they shall not be vexed by the exaction of higher duties; and, in travelling by sea and by land, all the privileges and distinctions observed towards the subjects of other Powers shall serve as a rule, and shall be observed towards the merchants and sub- jects of the Sublime Porte. In like manner, American merchants who shall come to the well-defended countries and ports of the Sublime Porte shall pay the same duties and other imposts that are paid by merchants of the most favored friendly Powers, and they shall not, in any way, be vexed or molested; on both sides travelling passports shall be granted. Article II. The Sublime Porte may establish Shahbenders (Consuls) in the United States of America, and the United States may appoint their citizens to be Consuls or Vice-Consuls at the commercial («) Translation from the original Turkish of the treaty concluded between the United. States and the Ottoman Porte. 644 TREATIES AND CONVENTIONS. places in the dominions of the Sublime Porte where it shall be found needful to superintend the affairs of commerce. These Consuls or Vice- Consuls shall be furnished with berats or firmans; they shall enjoy suitable distinction, and shall have necessary aid and protection. Article III. American merchants established in the well-defended States of the Employment of Sublime Porte for purposes of commerce shall have liberty broke™. ^ em pi y semsars, (brokers,) of any nation or religion, in like manner as merchants of other friendly Powers; and they shall not be disturbed in their affairs, nor shall they be treated, in any way, con- trary to established usages. American vessels arriving at or departing from the ports of the Ottoman Empire shall not be subjected to greater visit by the officers of the custom-house and the Chancery of the Port than vessels of the most favored nations. Article IV. If litigations and disputes should arise between the subjects of the settlement of di s - Sublime Porte and citizens of the United States, the parties pmes. shall not be heard, nor shall judgment be pronounced unless the American Dragoman be present. Causes in which the sum may exceed five hundred piastres, shall be submitted to the Sublime Porte, to be decided according to the laws of equity and justice. Citizens of jurisdiction o^r the United States of America, quietly pursuing their coin- American citizens. mercej au d no t being charged or convicted of any crime or offence, shall not be molested; and even when they may have committed some offence they shall not be arrested and put in prison, by the local authorities, but they shall be tried by their Minister or Consul, and punished according to their offence, following, in this .respect, the usage observed towards other Franks. Article V. American merchant vessels that trade to the dominions of the Sublime united states nag Porte, may go and come in perfect safety with their own to be respected. fl a g . ^ u ^ ^gy s ]x a ]\ no t take the flag of any other Power, nor shall they grant their flag to the vessels of other nations and Powers, nor to vessels of rayahs. The Minister, Consuls, and Vice-Consuls of the United States shall not protect, secretly or publicly, the rayahs of the Sublime Porte, and they shall never suffer a departure from the principles here laid down and agreed to by mutual consent. Article VI. Vessels of war of the two contracting parties, shall observe towards each other, demonstrations of friendship and good intelligence, according to naval usage; and towards merchant vessels they shall exhibit the same kind and courteous manner. Article VII. Merchant vessels of the United States, in like manner as vessels of passage of the Dar- the most favored nations, shall have liberty to pass the «anencs. Canal of the Imperial Eesidence, and go and come in the THE OTTOMAN PORTE, 1830, 1862. 645 Black Sea, either laden or in ballast ; and they may be laden with the produce, manufactures, and effects of the Ottoman Empire, excepting such as are prohibited, as well as of their own country. Article VIII. Merchant vessels of the two contracting Parties shall not be forcibly taken, for the shipment of troops, munitions and other shipanottobeim- objects of war, if the captains or proprietors of the vessels, pre " ed shall be unwilling to freight them. Article IX. If any merchant vessel of either of the contracting parties should be wrecked, assistance and protection shall be afforded to those of the crew that may be saved ; and the merchandise and effects, which it may be possible to save and recover, shall be conveyed to the Consul nearest to the place of the wreck, to be, by him, delivered to the proprietors. CPNCLUSION. The foregoing articles, agreed upon and concluded between the Riasset (Chancery of State,) and the above-mentioned Commissioner . . of the United States, when signed by the other two com- missioners, shall' be exchanged. In ten months from the date of this teinessuck, or instruments of treaty, the exchange of 'the ratifications of the two Powers shall be made, and the articles of this treaty shall have full force and be strictly observed by the two contracting Powers. Given the 14th day of the moon Zileaade, and in the year of the Hegira 1245, corresponding with the 7th day of May, of the year 1830 of the Christian aera. MOHAMMED HAMED, Beis-ul-Kutab, (Bets JSffendi.J OTTOMAN EMPIRE, 1862. TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND THE OTTOMAN EMPIRE. CONCLUDED AT CONSTAN- TINOPLE FEBRUARY 25 ,1862: RATIFICATIONS EXCHANGED JUNE 5, 1862; PROCLAIMED JULY 2, 1862. Treaty of commerce and navigation between the United States of America and the Ottoman Empire. The United States of America, on the one part, and His Imperial Majesty the Sultan of the Ottoman Empire, on the other part, CoiJtrMtinBimrt[e , being equally animated by the desire of extending the com- mercial relations between their respective countries, have agreed, for this purpose, to conclude a treaty of commerce and navigation, and have named as their respective Plenipotentiaries, that is to say : The President of the United States of America, Edward Joy Morris, Minister Resident at the Sublime Porte ; and His Imperial ^^ Majesty the Sultan of the Ottoman Empire, His Highness 646 i TREATIES AND CONVENTIONS. Mehemed Emin Aali Pacha, Minister of Foreign Affairs, decorated with the Imperial Orders of the Otb.iiiariieli.in Brilliants, the Majidieh, and Order pf Merit of the first class, and the Grand Crosses of several for- eign orders; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles : Article I. All rights, privileges, and immunities, which have been conferred on privileges, tc, <,r the citizens or -vessels of the United States of America by fi'r'me" ''except ''™' the treaty already existing between the United States of herein'modiiied America and the Ottoman Empire, are confirmed, now and forever, with the exception of those clauses of the said treaty which it is the object of the present treaty to modify ; and it is moreover expressly Rights of met stipulated that all rights, privileges, or immunities, which the faired nation, Sublime Porte now grants, or may hereafter grant to, or suffer to be enjoyed by the subjects, ships, commerce, or navigation of any other foreign Power, shall be equally granted to and exercised and enjoyed by the citizens, vessels, commerce, and navigation of the United States of America. Article II. The citizens of the United States of America, or their agents, shall citizens or the be permitted to purchase, at all places in the Ottoman Em- S'ake purchLofln pire a nd its possessions, (whether for the purposes of internal the ottoman Emp.re. trade or of exportation,) all articles, without any exception whatsoever, the produce or manufacture of the said Empire and pos- sessions ; and the Sublime Porte having, in virtue of the second article of the convention of commerce of the 16th of August, 1838, with Great Britain, formally engaged to abolish all monopolies of "agricultural pro- "Permi«" aboi- duce, or of every other article whatsoever, as well as all ishod - "permits'' (tezlcerehs) from the local Governors, either for the purchase of any article or for its removal from one place to another when purchased, any attempt to compel the citizens of the United States of America to receive such " permits" from the local Governors shall be considered as an infraction of this treaty, and the Sublime Porte shall immediately punish with severity any Viziers or other officers who shall have been guilty of such misconduct, and shall render full justice to citizens of the United States of America for all losses or injuries which they may duly prove themselves to have suffered thereby. Article III. If any articles of Ottoman produce or manufacture be purchased by citizens of the United States of America, or their agents, for the purpose of selling the same for internal consumption in Turkey, the said citizens, or their agents, shall pay at the purchase and sale of such articles, and in any manner of trade therein, the same duties that are paid in similar circumstances by the most favored class of Ottoman subjects, or of foreigners in the internal trade of the Ottoman Empire. Article IV. No other or higher duties or charges shall be imposed in the dominions and* possessions of either of the contracting parties, on the e W rt». ex p 0rta ^ on f a ny article to the dominions and possessions OTTOMAN EMPIRE, 1862. 647 of the other, than such as are or may be payable on the exportation of the like article to any other foreign country ; nor shall any rrohibitions prohibition be imposed on the exportation of any article from the dominions and possessions of either of the two contracting Powers to the dominions and possessions of the other, which shall not equally extend to the exportation of the like article to any other country. No charge or duty whatsoever will be demanded on any article of Ottoman produce or manufacture purchased by citizens of Export duty of the United States of America, or their agents, either at the ei *' )«"<«»• place where such article is purchased, or in its transit from that place to the place whence it is exported, at which it will be subject to an export duty not exceeding eight per cent., calculated on the value at the place of shipment, and payable on exportation ; and all articles which shall once have paid this duty shall not again be liable to the same duty, however they may have changed hands within any part of the Ottoman Empire. It is furthermore agreed that the duty of eight per cent, above men- tioned will be annually reduced by one per cent., until it shall To be redraed one be in this manner finally reduced to a fixed duty of one per p« cam. «.»«*. cent, ad valorem, destined to cover the general expenses of administration and control. Article V. No other or higher duties shall be imposed on the importation into the United States of America of any article the produce or orts manufacture of the dominions and possessions of His Impe-' rial Majesty the Sultan, from whatever place arriving, whether by sea or by land; and no other or higher duties shall be imposed on the importation into the dominions and possessions of His Imperial Majesty of any article the produce or manufacture of the United States of America, from whatever place arriving, than are or may be payable on the like article the produce or manufacture. of any other foreign country; nor shall any prohibition be maintained or imposed on the Prohibltiona importation of any article the produce or manufacture of the dominions and possessions of either of the contracting parties into the dominions and possessions of the other, which shall not equally extend to the importation of the like articles being the produce or manufacture of any other country. His Imperial Majesty further engages that, save as hereinafter ex- cepted, he will not prohibit the importation into his. dominions and possessions of any article the produce and manufacture of the United States of America, from whatever place arriving ; and that dut . es Mt the duties to be imposed on every article the produce or to SSsd "igS p° r manufacture of the United States of America imported into the Empire and possessions of His Imperial Majesty the Sultan shall in no case exceed one fixed rate of eight per cent, ad valorem, or a specific duty, fixed by common consent, equivalent thereto. Such rate shall be calculated upon the value of such articles at the wharf, and shall be payable at the time of their being landed, if brought by sea, or at the first custom-house they may reach, if brought by land. If these articles, after having paid the import duty of eight per cent., are sold, either at the place of their arrival or in the interior of the country, neither the buyer nor the seller shall be charged with any fur- ther duty in respect to them ; and if such articles should not be sold for consumption in the Ottoman Empire, but should be re-exported within the space of six months, the same shall be considered as Re * tetio merchandis e in t ransit bv land, and be treated as it is 648 , TREATIES AND CONVENTIONS. stated hereinafter in Article XII of this treaty; the administration of the customs being bound to restore, at the time of their re-exportation, to the merchant, who shall be required to furnish proof that the goods in question have paid the import duty of eight per cent., the difference between that duty and the duty levied on goods iu transit by land, as set forth in the article above cited. Article VI. It is understood that any article the produce or manufacture of a foreign country intended for importation into the United foKMouo'-waEhia, Principalities of Moldo-Wallachia, or into the Principality of Servia, which shall pass through any other part of the Ottoman Empire, will not be liable to the payment of customs-duty until it reaches those Principalities ; and, on the other hand, that any article of foreign produce or manufacture passing through those Princi- palities, but destined for some other part of the Ottoman Empire, will For other porta of not be liable to the payment of customs-duty until such tie ottom»n Empire, article reaches the first custom-house under the direct ad- ministration of the Sublime Porte. The same course shall be followed with respect to . any article the same raie a. to ex- produce or manufacture of those Principalities, as well as poru - with respect to any article the produce or manufacture of any other portion of the Ottoman Empire, intended for exportation. Such articles will be liable to the payment of customs-duties, the for- mer to the custom-house of the aforesaid Principalities, and the latter to the Ottoman custom-house ; the object being that neither import nor export duties shall in any case be payable more than once. Article VII. The subjects and citizens of the contracting parties shall enjoy, in the warehou«io g .houi,- dominions and possessions of the other, equality of treat- ties, drawback., & c . ment with native subjects or citizens in regard to ware- housing, and also in regard to bounties, facilities, and drawbacks. Article VIII. All articles which are or may be legally importable into the United imports in ves«eis States of America, in vessels of the United States, may beeh?, e g r e,rtne l eaine likewise be imported in Ottoman vessels without being duty - liable to any other or higher duties or charges, of whatever denomination, than if such articles were imported iu vessels of the United States ; and, reciprocally, .all articles which are or may be legally importable into the dominions and possessions of His Imperial Majesty the Sultan in Ottoman vessels, may likewise be imported in vessels of the United States without being liable to any other or higher duties or charges, of whatever denomination, than if such articles were imported in Ottoman vessels. Such reciprocal equality of treatment shall take effect without distinction, whether such articles come directly from the place of origin or from any other country. In the same manner there same mie as to ex- shall be perfect equality of treatment in regard to exporta- ports - tion, so that the same export duties shall be paid, and the same bounties and drawbacks allowed, in the dominions and possessions of either of the contracting parties, on the exportation of any article which is, or may be, legally exportable therefrom, whether such expor- OTTOMAN EMPIRE, 1862. 649 tations shall take place in Ottoman or in vessels of the United States, and whatever may be the place of destination, whether a port of either of the contracting parties, or of any third Power. Article IX. No duties of tonnage, harbour, pilotage, light-house, quarantine, or other similar or corresponding duties of whatever nature, or duijes under whatever denomination, levied in the name or for the ^S^^-toS.; profit of Government, public functionaries, private individ- uals, corporations, or establishments of any kind, shall be imposed in the ports of the dominions and possessions of either country upon the vessels of the other couDtry, which shall not equally, and under the same conditions, be imposed, in the like casps, on national vessels in general. Such equality of treatment shall apply reciprocally to the respective vessels, from whatever port or place they may arrive, and whatever may be their place of destination. •Article X. All vessels which, according to the laws of the United States, are to be deemed vessels of the United States, and all vessels Whatt0 be deemed which, according to Ottoman laws, are to be deemed Otto- S^"^?" o£ man vessels, shall, for the purposes of this treaty, be deemed """ rm ,e8Sels - vessels of the United States and Ottoman vessels respectively. Article XL No charge whatsoever shall be made upon goods of the United States, being the produce or manufacture of the United States of America, whether in vessels of the United States or other certain ,3 "AhS . i j t i / p t e United States. vessels, nor upon any goods the produce or manufacture of any other foreign country carried in vessels of the United States, when the same shall pass through the Straits of the Dardanelles, or of the Bosphorus, whether such goods shall pass through those straits in the vessels that brought them, or shall have been transhipped to other vessels ; or whether, after having been sold for exportation, they shall, for a certain limited time, be landed, in order to be placed in other vessels for the continuance of their voyage. In the latter case, the goods in question shall be deposited at Constantinople, in the magazines of the custom-house?- called transit magazines; and &, in any other places where there is no entrepot, they shall be placed under the charge of the administration of the customs. Article XII. The Sublime Porte, desiring.to grant, by means of gradual concessions, all facilities in its power to transit by land, it is stipulated and agreed that the duty of three per cent., levied up to this time on articles imported into the Ottoman Empire, in their passage through the Ottoman Empire to other countries, shall be reduced to two per cent., payable as the duty of three per cent, has been paid hitherto, on arriving in the Ottoman dominions; and at the end of eight years, to be reckoned from the day of the exchange of the ratifications of the pre- sent treaty, to a fixed and definite tax of one per cent., which shall be 650 TREATIES AND CONVENTIONS. levied, as is to be the case with respect to Ottoman produce exported, to defray the expense of registration. The Sublime Porte, at the same time, declares that it reserves to it- Frauds se ^ ^ e r i£ nt to establish, by a special enactment, the mea- sures to be adopted for the prevention of fraud. Article XIII. Citizens of the United States of America, or their agents, trading in goods the produce or manufacture of foreign countries, shall be subject to the same taxes and enjoy the same rights, privileges, and immunities, as foreign subjects dealing in goods the pro- duce or manufacture of their own country. Article XIV. An exception to the stipulations laid down in the fifth article shall be Tobacco and Bait, made in regard to tobacco in any shape whatsoever, and also in regard to salt, which two articles shall cease to be included among those which the citizens of the United States of America are permitted to import into the Ottoman dominions. Citizens of the United States, however, or their agents, buying or Trader. .« tobacco selling tobacco or salt for consumption in the Ottoman Em- a^ aait in Turk^. pire!; snall be su bj ect , to t i, e same regulations and shall pay the same duties as the most favored Ottoman subjects trading in the two articles aforesaid ; and furthermore, as a compensation for the pro- No export aw on hibition of the two articles above-mentioned, no duty what- wbacco a «d »ait. goe ver gj^j in f n fcnre be le vied on those articles when exported from the Ottoman Empire by citizens of the United States. Citizens of the United States shall, nevertheless, be bound to declare Relations a» to the quantity of tobacco and salt thus exported to the proper their exportation, custom-house authorities, who shall, as heretofore, have the right to watch over the export of these articles, without thereby being entitled to levy any tax thereon on any pretence whatsoever. , Article XV. It is understood between the two contracting parties that the Sublime importationofgm,. Porte reserves to itself the faculty and right of issuing a powder, a™,, &.c. g enera i prohibition against the importation into the Ottoman Empire of gunpowder, cannon, arms of war, or military stores, but such prohibition will not come into operation until it shall have been officially notified, and will apply only to the articles mentioned in the decree enacting the prohibition. Any of these articles which have not been so specifically prohibited shall, on being imported into the Ottoman Empire, be subject to the local regulations, unless the legation of the United States of America shall think fit to apply for a special license, which will in that case be granted, provided no valid objection thereto Gun owder can ^ e a l le g e( *- Gunpowder, in particular, when allowed to be imported, will be liable to the following stipulations: 1. It shall not be sold by citizens of the United States in quantities exceeding the quantities prescribed by the local regulations. 2. When a cargo or a large quantity of gunpowder arrives in an Otto- man port, on board a vessel of the United States, such vessel shall be anchored'at a particular spot, to be designated by the local authorities, and the gunpowder shall thence be conveyed, under the inspection of OTTOMAN EMPIRE, J862. 651 such authorities, to depots, or fitting places designated by the Govern- ment, to which the parties interested shall have access under due reg- ulations. Fowling-pieces, pistols, and ornamental or fancy weapons, as also small quantities of gunpowder for sporting, reserved for Not t0 apply t0 private nse, shall not be subject to the stipulations of the wbat - present article. Article XVI. The firmans required for merchant-vessels of the United States of America, on passing through the Dardanelles and the Bos- phorus, shallalways be delivered in such manner as to occa- sion to such vessels the least possible delay. Article XVII. The captains of merchant-vessels of the United States laden with goods destined for the Ottoman Empire shall be obliged, immediately on their arrival at the port of their destination, aepiued ft cStom" house. to deposit in the custom-house of said port a true copy of their manifest. Article XVIII. Contraband goods will be liable to confiscation by 'the Ottoman treasury ; but a report or proces verbal of the alleged act of ii-i . ,1 -i i • -i i Contraband. contraband must, so soon as the said goods are seized by the authorities, be drawn up and communicated to the consular authority of the citizen or subject to whom the goods said to be contraband shall belong; and no goods can be confiscated as contraband Troa . ed - mes t0 con . unless the fraud with regard to them shall be duly and :,scate - legally proved. Article XIX. All merchandise the produce or manufacture of the Ottoman domin- ions and possessions, imported into the United States of s^m, ves^a, America, shall be treated in the same manner as the like u" e d s ™ b 7, c ie n po s rl.°n merchandise the produce or manufacture of the most favored the r °" ea statM - nation. All rights, privileges, or immunities, which are now or may hereafter be granted to, or suffered to be enjoyed by, the subjects, vessels, com- merce, or navigation of any foreign Power in the United States of America shall be equally granted to, and exercised and enjoyed by, the subjects, vessels, commerce, and navigation of the Sublime Porte. Article XX. The present treaty, when ratified, shall be substituted for the commer- cial convention of the 16th of August, 1838, between the Sublime Porte and Great Britain, on the footing of which ^ JSituSi y i ° the commerce of the United States of America has been heretofore placed, and shall continue in force for 28 years from the day of the exchange of the ratifications ; and each of the To C0Ilti „ ue [0T two contracting parties being, however, at liberty to give to t ™"« r - ei * t ? e ™- the other, at the end of 14 years, (that time being fixed, as the provis- ions of this treaty will then have come into full force,) notice Noticeto terminate for its revision, or for its determination at the expiration of m w be ^en, &■<=■ 652 TREATIES AND CONVENTIONS. a year from the date of that notice, and so again at the end of 21 years. The present treaty shall receive its execution in all and every one of Treaty to b» ex- the provinces' of the Ottoman Empire; that is to say, in all 3? oVa? '«» tbe possessions of His Imperial Majesty the Sultan, situated manEnwre. j n Europe or in Asia, in Egypt, and in the other*parts of Africa belonging to the Sublime Porte, in Servia, and in the United Principalities of Moldavia and Wallachia. Article XXI. It is always understood that the Government of the United States of Treaty to be con- America does not pretend, by any article in the present «tr U ed faMy. treaty, to stipulate for more than the plain and fair con- struction of the terms employed, nor to preclude in any manner the Ottoman Government from the exercise of its rights of internal adminis- tration where the exercise of these rights does not evidently infringe upon the privileges accorded by ancient treaties, or by the present treaty, to citizens of the United States or their merchandise. Article XXII. The high contracting parties have agreed to appoint, jointly, coinmis- Tanir of oiatom- sibners for the settlement of a tariff of custom-house duties, hou 88 duties. £ jj e ] ev j e( j j n conformity with the stipulations of the present treaty, as well upon merchandise of every description being the produce or manufacture of the United States of America imported into the Ot- toman Empire, as upon articles of every description the produce or manufacture of the Ottoman Empire and its possessions, which citizens of the United States or their agents are free to purchase in any part of the Ottoman Empire for exportation to the United States or to any to remain in force other country. The new tariff, to be so concluded, shall .even years. remain in force during seven years, dating from the date of the exchange of the ratifications. Each of the contracting parties shall have the right, a year before the how a„d when expiration of that term, to demand the revision of the tariff. may be re ™ed. j} ut j^ (jm-jug the seventh year, neither the one nor the other of the contracting parties shall avail itself of this right, the tariff then existing shall continue to have the force of law for seven years more, dating from the day of the expiration of the seven preceding years ; and the same shall be the case with respect to every successive period of seven years. Article XXIII. The present treaty shall be ratified and the ratifications shall be ex- Treaty when to be changed at Constantinople in three calendar months, or sooner rat.r.ed. jf p 0SS i D le, and shall be carried into execution when ratified. Done at Constantinople on the twenty-fifth day of Feb- ruary, eighteen hundred and sixty-two. EDWAED JOY MOEEIS. |l. s. AALI. [L. s.; When concluded. PARAGUAY, PARAGUAY, 1859. SPECIAL CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND ( THE REPUBLIC OP PARAGUAY, RELATING TO THE. CLAIMS OP THE "UNITED STATES AND PARAGUAY NAVIGATION COMPANY." CONCLUDED AT ASSUMPTION FEBRUARY 4, 1859 ; RATIFICATIONS EXCHANGED AT WASHINGTON MARCH 7, 1860 ; PROCLAIMED MARCH 12, 1860. His Excellency the President of the United States of America, and His Excellency the President of the Eepublic of Paraguay, desiring to remove every cause that might interfere with the good understanding and harmony, for a time so unhappily interrupted, between the two nations, and now so happily restored, and which it is sd much for their interest to maintain; and desiring for this purpose to come to a definite understanding, equally just and honorable to both nations, as to the mode of settling a pending question of the said claims of the "United States and Paraguay Navigation Company" — a company composed of citizens of the United States — against the Government of Paraguay, have agreed to refer the same to a special and respectable commission, to be organized and regulated by the convention hereby established between the two high contracting parties ; and for this purpose they have appointed and'conferred full powers, respectively, to wit: His Excellency the President of the United States of America upon James B. Bowlin, a Special Commissioner of the said United States of America, specifically charged and empowered for this purpose ; and His Excellency the President of the Eepublic of Paraguay upon Senor Nicholas Vasquez, Secretary of State and Minister of Foreign Affairs of the said Eepublic of Paraguay ; Who, after exchanging their full powers, which were found in good* and proper form, agreed upon the fpllowing articles : Article I. The Government of the Eepublic of Paraguay binds itself for the responsibility in favor of the " United States and Paraguay Decre80f mmmia _. Navigation Company," which may result from the decree X5 'LW of commissioners, who, it is agreed, shall be appointed as r«««vniiviftCo. follows : Article II. The two high contracting parties, appreciating the difficulty of agree- ing upon the amount of the reclamations to which the said company may be' entitled, and being convinced that a com- mission is the only equitable and honorable method by which the two countries can arrive at a perfect understanding thereof, hereby cove- nant to adjust them accordingly by a loyal commission. To determine the amount of said reclamations, it is, therefore, agreed to constitute 654 • TEEATIES AND CONVENTIONS. such a commission, whose decision shall be binding, in the following manner: The Government of the United States of America shall appoint one Commissioner, and the Government of Paraguay shall appoint another; and these two, in case of disagreement, shall appoint a third, said appointment to devolve upon a person of loyalty and impartiality, with the condition that in case of difference between the Commissioners in the choice of an Umpire, the diplomatic representatives of Russia and Prussia, accredited to the Government of the United States of America, at the city of Washington, may select such Umpire. The two Commissioners named in the said manner shall meet in the city of Washington, to investigate, adjust, and determine the amount of ' the claims of the above-mentioned company, upon sufficient proofs of the charges and defences of the contending parties. Article III. The said Commissioners, before entering upon their duties, shall take an oath before some judge of the United States of America that they will fairly and impartially investigate the said claims, and a just decision thereupon render, to the best of their judgment and ability. Article IV. The said Commissioners shall assemble, within one year after the ratification of the "treaty of friendship, commerce, and ho^toi to S"Se navigation " this day celebrated at the city of Assumption between the two high contracting parties, at the city of Washington, in the United States of America, and shall continue in ses- sion for a period not exceeding three months, within which, if they come to an agreement, their decision shall be proclaimed ; and in case of disa- greement, they shall proceed to the appointment of an Umpire as already agreed. Article Y. The Government of Paraguay hereby binds itself to pay to the Gov- ' p^guay to w any ernment of the United States of America, in the city of S?, °L f»°OT°"of Assumption, Paraguay, thirty days after presentation to 8 aid company. ^he Government of the Republic, the draft which that of the United States of America shall issue for the amount for which the" two ( Commissioners concurring, or by the Umpire, shall declare it responsible to the said company. * Article VI. Each of the high contracting parties shall compensate the Commis- sioner it may appoint the sum of money he may stipulate mSf.n/E for his services, either by instalments or at the expiration of his task. In case of the appointment of an Umpire, the amount of his remuneration shall be equally borne by both contracting parties. Article VII. The present convention shall be ratified within fifteen months, or ■ earlier if possible, by the Government of the United States of America, and by the President of the Republic of Paraguay within twelve days PARAGUAY 1859. 655 from this date. The exchange of ratifications shall take place in the city of Washington. In faith of which, and in virtue of our full powers, we have signed the present convention in English and Spanish, and have thereunto set our respective seals. Done at Assumption, this fourth day of February, in the year of our Lord one thousand eight hundred and fifty-nine, being the eighty-third year of the Independence of the United States of America, and the forty- seventh of that of Paraguay. JAMES B. BOWLEN", [SEAL. NICOLAS VASQUEZ. [seal. PARAGUAY, 1859. TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF PARAGUAY. CONCLUDED AT ASSUMPTION FEBRUARY 4, 1859 ; RATIFICATIONS EX- CHANGED AT WASHINGTON MARCH 7, 'i860. PROCLAIMED BY THE- PRESIDENT OF THE UNITED STATES MARCH 12, 1860. In the name of the Most Holy Trinity. The Governments of the two Republics, the United States of America and of Paraguay, in South America, being mutually dis- -,, i--| • j_* j. 1 L- T • i_ Contracting parties. posed to cherish more intimate relations and intercourse than those which have heretofore subsisted between them, and believing it to be of mutual advantage to adjust the conditions of such relations by signing a " treaty of friendship, commerce, and navigation," for that object have nominated their respective Plenipotentiaries, that is to say : His Excellency the President of the United States of America has nominated James B. Bowlin, a Special Commissioner of the United States of America at Assumption, and His Ex- cellency the President of the Republic of Paraguay has nominated the Paraguayan citizen, Nicolas Vasquez, Secretary of State and Minister of Foreign Relations of the Republic of Paraguay ; Who, after having communicated competent authorities, have agreed upon and concluded the following articles : Article I. There shall be perfect peace and sincere friendship between the Gov- ernment of the United States of America and the Govern- A &c ment of the Republic of Paraguay, and between the citizens of both States, and without exception of persons or places. The high contracting parties shall use their best endeavors that this friendship and good understanding may be constantly and perpetually maintained. Article II. The Republic of Paraguay, in the exercise of the sovereign right which pertains to her, concedes to the merchant flag of the citizens Free mvi8 , ti0 „ 0l of the United States of America the free navigation of the "»*«"««*• river Paraguay as far as the dominions of the Empire of Brazil, and of the right side of the Parana throughout all its course belonging to the Republic, subject to police and fiscal regulations of the Supreme Gov- 656 TREATIES AND CONVENTIONS. ernment of the Republic, in conformity with its concessions to the com- merce of friendly nations. They shall be at liberty with their ships and cargoes, freely and securely to come to and to leave all the ™K«wS places and ports which are already mentioned ; to remain and reside in any part of the said territories; hire houses and warehouses, and trade in all kinds of produce, manufactures, and merchandise of lawful commerce, subject to the usages and established customs of the country. They may discharge the whole or a part of their cargoes at the ports of Pilar, and where commerce with other nations may be permitted, or prdceed with the whole or part of their cargo to the port of Assumption, according as the captain, owner, or other duly authorized person shall deem expedient. In the same manner shall be treated and considered such Paraguayan to citizens of citizens as may arrive at the ports of the United States of parage. America with cargoes in Paraguayan vessels, or vessels of the United States of America. Article II L The two high contracting parties hereby agree that any favor, privi- lege, or immunity whatever, in matters of commerce or Most fa ?ored nation. ... i'i • , -i i_ j_- j. i t_ it navigation, which either contracting party has actually granted, or may hereafter grant, to the citizens or subjects of any other State, shall extend, in identity of cases and circumstances, to the citizens of the other contracting party, gratuitously, if the concession in favor of that other State shall have been gratuitous, or in return for an equivalent compensation, if the concession shall have been condi- tional. Article IV. No other or higher duties shall be imposed on the importation or ex- portation of any article of the growth, produce, or manu- facture of the two contracting States than are or shall be payable on the like article being the growth, produce, or manufac- ture, of any other foreign country. No prohibition shall be imposed upon the importation or exportation of any article of the growth, produce, or manufacture of the territories of either of the two contract- ing parties into the territories of the other, which shall not equally extend to the importation or exportation of similar articles to the ter- ritories of any other nation. Article Y. No other or higher duties or charges on account of tonnage, light, or harbor dues, pilotage, salvage in case of damage or shipwreck, or any other local charges, shall be imposed in any of the ports of the territories of the Eepublic of Paraguay on vessels of the United States of America than those payable in the same ports by Paraguayan vessels, nor in the ports of the territories of the United States of America on Paraguayan vessels, than shall be payable in the same ports by vessels of the United States of America. Article VI. The same duties shall be paid upon the importation and exportation Dmies 9 n articles of any article which is or may be legally importable or ex- !runiteVsta v ter*"**■ may be in the territories subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice, for their judicial recourse, on the same terms as are usual and customary with the natives or citizens of the country in which they may be ; for which purpose they may employ, in defence of their rights, such advocates, solicitors, notaries, agents, and factors, as they may judge proper, in all their trials at law ; and such citizens or agents shall have free opportunity to be present at the decisions and sentences of the tribunals, in all cases that] may concern them, and likewise at the taking of all evidence and examinations that may be exhibited in the said trials. And, to render more explicit, and make more effectual, the solemn promise and engagement hereinbefore mentioned, under , . . j... ,»,, . . . 7 . No rights of citi- circumstances to which one of the parties thereto has here- £™ t0 {g ^ tb - tofore been exposed, it is hereby further stipulated and de- clared, that all the rights and privileges which are now enjoyed by, or may hereafter be conferred on, the citizens of one of the contracting parties, by or in virtue of the constitution and laws of the other, re- spectively, shall'be deemed and held to belong to, and inhere in, them, until such rights and privileges shall have been abrogated or withdrawn by an authority constitutionally or lawfully competent thereto. 666 TREATIES AND CONVENTIONS. Article X. It is likewise agreed, that perfect and entire liberty of con science shall Liberty of ■»■•- be enjoyed, by the citizens of both the contracting parties, science seemed. j n ^ e couu tries subject to the jurisdiction of the one and the other, without their being liable to be disturbed or molested on ac- count of their religious belief, so long as they respect the laws and established usages of the country. Moreover, the bodies of the citizens of one of the contracting parties, who may die in the territories of the other, shall be buried in the usual burying-grounds, or in other decent and suit- able places, and shall be protected from violation or disturbance. Article XI. It shall be lawful for the citizens of the United States of America cit™n a of both and of the Peru-Bolivian Confederation to sail with their Se c witVii,e rt ene - ships with all manner of liberty and security; no distinc- mies of either, &c. ^ion being to be made who are the proprietors of the mer- chandise laden therein, from any port or place whatever, to the ports and places of those who are now, or hereafter shall be, at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandise before men- tioned, and to trade, with the same liberty and security, from the places, ports, and havens of those who are enemies of both, or of either party, without any opposition or disturbance whatsoever ; not only directly from the places of the enemy before mentioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one power or Free ships tom B ke under that of several. And it is hereby stipulated, that free oTnaT/waT'eT ships shall give freedom to goods ; and that every thing shall ceptea. ^ e (j eenie( i to be free and exempt, which shall be found on board of the ships belonging to the citizens of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either ; goods contraband of war being always excepted. It is also agreed, in like manner, that the same liberty shall board ? e rre a e sh1p°o be extended to persons who are on board of a free ship, with ^cept, &c. ^jg effect, that, although they be enemies to both or either of the parties, they shall not be taken out of that free ship, unless they are officers or soldiers, and in the actual service of the enemy : Pro- vided, however, and it is hereby further agreed, that the stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as applyingto those Powers only who recognize this principle; but if either of the contracting par- ties shall be at war with a third, and the other be neutral, the flag of the neutral shall cover the property of those enemies whose Govern- ments acknowledge this principle, and not that of others. Article XII. It is likewise agreed that, in cases where the neutral flag of one of the contracting parties shall protect the property of the .SST™. enemies of the other, in virtue of the above stipulation, it trai property. shall alwayg be un "Toe proiS citizens of the contracting parties, thev have agreed, and with aea-letters. n ,, , • *. .. '-.-.-,1 j •„ do agree, that, in case one of them should be engaged in war, the ships and vessels of the other must be furnished with sea- letters, or passports, expressing the name, property, and burden of the ship, as also the name and place of residence of the master or commander thereof, in order that it may thereby appear that the said ship really PERU-BOLIVIA, 1836. 669 and truly belongs to the citizens of one of the parties. They have like- wise agreed that such ships, being laden, besides the said sea-letters or passports, shall be provided with certificates containing the several particulars of the cargo aDd the place whence the ship sailed, so that it may be known whether any contraband or prohibited goods are on board of the same; which certificates shall be made out by the officers of the place whence the ship sailed, in the accustomed form, without which requisites the said vessel may be detained to be adjudged >o by the competent tribunals, and may be declared a legal m.yEe'aKed'iaV prize, unless the said defect shall be proved to be owing to r °' pr,z ' accident, or be satisfied or supplied by testimony entirely equivalent, in the opinion of said tribunals, to which ends there shall be allowed a sufficient term of time for its procurement. Article XIX. And it is further agreed that the stipulations above expressed, rela- tive to the visiting and examining of vessels, shall apply to , . , ° . , ., ° -ji -i Vessels under con- those only which sail without convoy ; and when said ves- ™^ ti s o » b J ect »° sels shall be under convoy, the verbal declaration of e: the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag he carries, and, when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient. Article XX. It is moreover agreed that, in all cases, the established courts for prize causes, in the country to which the prize may be con- ducted, shall alone take cognizance of them. And when- iot"ke^S.L°°Zr ever such tribunal or court of either party shall pronounce pmi judgment against "any vessel, goods, or property, claimed by citizens of the other party, the sentence or decree shall mention the reasons or motives in which the same shall have been founded ; and an authenti- cated copy. of the sentence or decree, and of all the proceedings in the case shall, if demanded, be delivered to the commauder or agent of said vessel or property, without any excuse or delay, he paying the legal fees for the same. Article XXI. Whenever one of the contracting parties shall be engaged in war with another State, no citizen of the other contracting Citi „ M of neither party shall accept a commission or letter of marque, for ^lilJ° ria T s Si^ the purpose of assisting or co-operating hostilely with the theother - said enemy against the said party so at war, under pain of being treated as a pirate. Article XXII. If, at any time, a rupture should take' place between the two con- tracting nations, and (which God forbid) they should be- Inlte cve nt or war come engaged in war with each other, they have agreed, J-jE^ SS; and do agree now, for then, that the merchants, traders, |S "'- and other citizens of all occupations, of each of the two parties residing in the cities, ports, and dominions of the other, shall have the privilege of remaining and continuing their trade and business therein, and shall be respected and maintained in the full and undisturbed enjoyment of 670 TREATIES AND CONVENTIONS. their personal liberty and property, so long as they behave peaceably and properly, and commit no offence against the laws. And in case if™ S pectedor m »i- their conduct should render them suspected of malprac- dSfoSVartSi™ tices, and, having thus forfeited tliis privilege, the respect- auowed, &c. j ve Governments should think proper to order them to depart, the term of twelve months, from the publication or intimation of this order therefor, shall be allowed them, in which to arrange and settle their affairs, and remove with their families, effects, and property; to which end the necessary safe conduct shall be given to them, and which shall serve as a sufficient protection until they arrive at the Exceptions. designated port, and there embark. But this favor shall not be extended to those who shall act contrary to the established laws. It is, nevertheless, to be understood that the per- sons so suspected may be ordered by the respective Governments to remove forthwith into the interior, to such places as they shall think fit to designate. Article XXIII. Neither the debts due from individuals of the one nation to the indi- viduals of the other, nor shares, nor money, which they z=n a r °not ty to°b e c st may have in public funds, nor in public or private banks, shall ever, in any event of war or national difference, be sequestered or confiscated. Article XXI V". Both the contracting parties being desirous of avoiding all inequality immunities or pub- iu relation to their public communications and official Hearts. intercourse, they have agreed, and do agree, to grant to their Envoys, Ministers, and other public agents, the same favors, immunities, and exemptions, as those of the most favored nation do or shall enjoy: it being understood that whatever favors, immunities, or privileges the United States of America or the Peru-Bolivian Confed- eration may find it proper to grant to the Envoys, Ministers, and public agents of any other power shall, by the same act, be granted and ex- tended to those of the contracting parties respectively. Article XXV. To make more effectual the protection which the United States of cnemia admitted America and the Peru-Bolivian Confederation shall afford fo£ta^£m°iES in future to the navigation and commerce of the citizens of except, ic. ' eac ]j other, they agree to receive and admit Consuls and Vice-Consuls in all the ports open to foreign commerce; who shall enjoy, within their respective consular districts, all the rights, preroga- tives, and immunities of the Consuls and Vice-Consuls of the most favored nation, each contracting party, however, remaining at Ub'erty to except those ports and places in which the admission and residence of such functionaries may not seem convenient. Article XXVI. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities ti.e^commSioi..' which belong to them by their public character, they shall, before entering on the exercise of their functions, exhibit Consuls, &c\, may the iis&iat- of the lociil an- PERU-BOLIVIA, 1836. 671 their commission or patent, in due form, to the Government to which they are accredited ; and, having received their exequatur, they shall be held and considered as such Consuls and Vice-Consuls by all the au- thorities, magistrates, and inhabitants in the consular district in which they reside. Article XXVII. It is likewise agreed that the Consuls, Vice-Consuls, their secretaries, officers, and persons attached to their service, (they not Privils . ee , of con . being citizens of the country in which the Consul or Vice- su ' 3 ' &c - Consul resides,) shall be exempt from all public service, and also from all kinds of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce, or their property, and from which the citizens of their respective country, resident in the other, are not exempt, in virtue of the stipulations contained in this treaty; they being, in every thing besides, subject to the laws of the respective States. The archives and papers of the consu- Consul „, „ ellive , lates shall be respected inviolably, and under no pretext «°bein,ii>tabi». whatever shall any magistrate or other person seize or in any way interfere with them. Article XXVIII. The said Consuls and Vice-Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and custody of deserters from the public and r«$™' private vessels of their country ; and for this purpose they £"$» shall address themselves to the courts, judges, or officer's competent, and shall demand the said deserters in writing, proving, by an exhibition of the ship's roll or other public document, that the men sp demanded are part of the crew of the vessel from which it is alleged they have deserted ; and on this demand, so proved, (saving, however, when the contrary is more conclusively proved,) the delivery shall not be refused. Such deserters, when arrested, shall be put at De8( , r t er8 , how t0 the disposal of the said Consuls or Vice-Consuls, and may be < j ™° srf '° c be put in the public prisons, at the request and expense of those who reclaim them, to be sent to the ships to which they belong, or to others of the same nation; but if they should not be so sent within two mouths,' to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. Article XXIX. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree to CDm ,„ convc „. form, as soon hereafter as may be mutually convenient, a li, "° kr ™' 1 consular convention, which shall declare, specially, the powers and im- munities of the Consuls and Vice-Consuls of the respective parties. Article XXX. The United States of America, and the Peru-Bolivian Confederation, desiring to make as durable as circumstances will permit FoMs ^ the relations which are established between the two parties in virtue of this treaty, or general convention of peace, friendship, commerce, and navigation, have declared solemnly, and do agree, as follows : 1st. The present treaty shall be in force for twelve years from the day 672 TREATIES AND CONVENTIONS. D„™tio,, of the of the exchange of the ratifications thereof; and, further, treaty. until the end of one year after either of the contracting par- ties shall have given notice to the other of its intention to terminate the same, each of them reserving to itself the right of giving such notice to the other, at the end of said term of twelve years. And it is hereby agreed between the parties that, on the expiration of one year after such notice shall have been received by either of them from the other, as above mentioned, this treaty shall, in all the points relating to commerce and. navigation, altogether cease and determine; and in all those parts which relate to peace and friendship, it shall be permanently and per- petually binding on both Powers. 2ndly. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizen or citizens resp'oSKr^ shall be held personally responsible therefor, and the har- tiona "J tins treaty. -. ^ i ij , i ' i mony and good correspondence between the two nations shall not be interrupted thereby: each party engaging in noway to protect the offender or offenders, or to sanction such violence, under pain of rendering itself liable for the consequences thereof. 3rdly. If, (which, indeed, cannot be expected,) unfortunately, any of war „ot to be de- the stipulations contained in the present' treaty shall bevio- h a Y c blen"dL r ! ';nJed' lated or infringed in any other way whatever, it is expressly &r - covenanted and agreed, that neither of the contracting par- ties will order, or authorize, any act of reprisals, nor declare or make war against the other, on complaint of injuries or damages resuming therefrom, until the party considering itself aggrieved shall first have presented to-the other a statement or representation of such injuries or damages, verified by competent proofs, and have demanded redress and satisfaction, and' the same shall have been either refused or unreasonably delayed. 4thly* Nothing in this treaty contained shall, 'however, be coustrueu to operate contrary to former and existing public treaties Other treaties not ..... . . . o J. to be affected by with other states or sovereigns. The present treaty of peace, friendship, commerce, and navigation shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the Supreme Protector of the north and south Peruvian States, President of the Republic of Bolivia, encharged with the direc- tion of the foreign relatious of the 'Peru- Bolivian Confederation; and the ratifications shall be exchanged within eighteen months from the date of the signature hereof, or sooner if possible. In faith whereof we, the Plenipotentiaries of the United States of. America and the Peru-Bolivian Confederation, have signed and sealed these presents. Done in the city of Lima on the thirtieth day of November, in the year of our Lord one thousand eight hundred and thirty-six. SAMUEL LAENED. [L. S. J. GARCIA DEL RIO. [l. PERU PERU, 1841. CONVENTION WITH PERU, RESPECTING CLAIMS. CONCLUDED MARCH 17, 1841 ; PROCLAIMED FEBRUARY 21, 1844, AND JANUARY 8, 1847." The United States of America and the Republic of Peru, desirous of consolidating permanently the good understanding and c„„ imissi0 „ e . s ap . friendship now happily existing between the parties, have poi " ted - resolved to arrange and terminate their differences and pretensions, by means of a convention that shall determine exactly the responsibilities of Peru with respect to the claims of certain citizens of the United States against her : And with this intention, the President of the United States has ap- pointed James C. Pickett, Charge" d' Affaires of said States near Peru, and His Excellency the President of the Republic of Peru has appointed Don Manuel del Rio, principal officer of the Department of Finance, Acting Minister of the same Department and Supernumerary Councillor of State ; And both Commissioners, after having exchanged their powers, have agreed upon and signed the following articles: Article I. The Peruvian Government, in order to make full satisfaction for various claims of citizens of the United States, on account Porah>pw[ ,„ itBl of seizures, captures, detentions, sequestrations, and con- s'«=»*3»»»»»- flscations of their vessels, or for the damage and destruction of them, of their cargoes, or other property, at sea, and in the ports and terri- tories of Peru, by order of said Government of Peru, or under its au- thority, has stipulated, to pay to the United States, the sum of three hundred thousand dollars, which shall be distributed among the claim- ants, in the manner and according to the rules that shall be prescribed by the Government of the United States. * The reason Why this treaty was proclaimed twice will appear in the following ex- tract from the second proclamation of it, viz : "And whereas the seventh article of the said convention required that the ratifica- tions of the contracting parties should be exchanged within two years from its date, which provision was" not observed by the said parties owing to delays in the ratifica- tion rendering such exchange impracticable within the time stipulated ; and whereas it appears that the duly constituted. authorities of the Republic of Peru did, on the 21st of October, 1845, by law, approve in all respects the said convention, with the condition, however, that the first annual instalment of thirty thousand dollars on account of the principal of the debt recognised thereby, and to which the second article relates, should begin from the 1st of January, 1846, and the interest on this annual sum, according to Article III, should be calculated and paid from the 1st of January, 1842 ; and whereas the said convention and the aforesaid modification thereof have been duly ratified, and the respective ratifications of the same were exchanged in the city of Lima on the 31st day of October last, by Albert G. Jewett, on the part of the United States, and Manuel del Rio, on the part of the Republic of Peru : Now, therefore, be it known," &c ' 43 674 TREATIES AND CONVENTIONS. Article II. The sum of three hundred thousand dollars, which the Government to .,e p^ in ,e».of Peru has agreed to pay, in the preceding article, shall be a MU ai indent.. p a j^ at Ljujfy in ten equal annual instalments of thirty thou- sand dollars each, to the person or persons that may be appointed by the United States to receive it. The first instalment shall be paid on the ' first day of January, in the year one thousand eight hundred and forty- four, and an instalment on the first day of each succeeding January, until the whole sum of three hundred thousand dollars shall be paid. Article III. The Peruvian Government agrees also to pay interest on the before- imereat mentioned sum of three hundred thousand dollars, at the rate of four per centum per annum, to be computed from the first day of January, one thousand eight hundred and forty-two, and the interest accruing on each instalment shall be paid with the instalment. That is to say, interest shall be paid on each annual instal- ment, from the first day of January, one thousand eight hundred and forty-two. Article IV. All the annual payments made on account of the three hundred thou- to be p>id in bard sanQ dollars, shall be paid in hard dollars of the same d0 " ars standard and value as those now coined at the mint in Lima; and the annual payments, as well as the accruing interest, may be ex- ported from Peru, free of all duty whatever. Article V. There shall not be demanded of the Government of Peru any other payment or indemnification, on account of any claim of the ror*°ia'ims e p r re 8 SSd citizens of the United States, that was presented to it by Samuel Larned, esquire, when Charge" dAffaires of the United States near Peru. But the claims subsequent to those presented, by Mr. Larned to the Government of Peru shall be examined and acted upon hereafter. Article VI. It is further agreed, that the Peruvian Government shall have the optional wia pe™ option of paying each annual instalment, when it is due, TSom-hoMcli with orders on the custom-house at Gallao, which shall be '»°- endorsable in sums of any amount, and receivable in the Treasury, as cash, in payment of duties on importations of all kinds; and the orders shall be given in such a manner as, that in case similar orders shall be at a discount in the market, the full value of each annual payment shall be secured and made good to the United States, as though it had been paid in cash at the time of its falling due ; and any loss occasioned by discount, or delay in the collection, shall be borne and made good by the Peruvian Government. Article VII; This convention shall be ratified by the contracting parties, and the ratifications shall be exchanged within two years from its date, or sooner • PERU, 1351. ' 675 if possible, after having been approved by the President and Senate of the United States, and by the Congress of Peru. In witness whereof, the respective Commissioners have signed the same, and affixed thereto their seals. Done in triplicate a^ the city of Lima, this seventeenth day of March, in the year of our Lord one thou- sand eight hundred and forty-one. J. C. PICKETT. MANUEL DEL EIO. L. S. L. S. PERU, 1851. TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN THE UNITED STATES AND PERU. CONCLUDED JULY 26, 1851 ; RATIFICATIONS - EXCHANGED JULY 16, 1852; PROCLAIMED JULY 19, 1852. [This treaty terminated December 9, 1833, ia virtue of notice given by Pern, a year previously under Article XL.] The United States of America and the Republic of Pern, being equally animated with the desire to render firm and permanent the PreraKe peace and friendship which have always so happily sub- sisted between them, and to place their commercial relations upon the most liberal basis, have resolved to fix clear and precise rules which shall in future be religiously observed between the two nations by means of a treaty of friendship, commerce, and navigation. To attain this desirable object, the President of the United States of America has conferred full powers on John Randolph Clay, Ne m .^^ the accredited Charge" d'Affaires of the said States to the Government of Peru, and the President of the Republic of Peru has conferred like full powers on Brigadier General Don Juan Crisostomo Torrico, Minister of War and the Marine, Minister of Foreign Affairs ad interim, &c, &c. ; who, after exchanging their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles : * Article I. There shall be perfect and perpetual peace and friendship between the United States of America and the Republic of Peru, and S t ate ofp S ace pr„- between their respective territories, people, and citizens, yidedf ° r - without distinction of persons or places. Article II. The United States of America and the Republic of Peru mutually agree that there shall be reciprocal liberty of commerce and F „, tdom o( „„_ navigation between their respective territories and citizens ; meree - the citizens of either republic may frequent with their vessels all the coasts, ports, and places of the other, wherever foreign commerce is permitted, and reside in all parts of the territories of either, and occupy dwellings and warehouses, and everything belonging thereto shall be respected and shall not be subjected to any arbitrary visits or search. The said citizens shall have full liberty to trade in all parts of the territories of either, according to the rules established by the respective regulations of commerce, in all kinds of ™ra"rSertaS'." goods, merchandise, manufactures, and produce not pro- '" tl,e ° tber - 676 TREATIES AND CONVENTIONS. hibited to all, and to open retail stores and shops, under the same muni- cipal and police regulations as native citizens ; and they shall not in this respect be liable to any other or higher taxes or imposts than those ■which are. or may be paid by native citizens. No examination or inspection of their books, papers, or accounts shall be made without the legal order of a competent tribunal or judge. The citizens of either country shall also have the unrestrained right to travel in any part of the possessions of the other, and shall in all cases enjoy the same security and protection as the natives of the country -wherein they reside, on condition of their submitting to the laws and ordinances there prevailing ; they shall not be called upon for any forced loan or occasional contribution, nor shall they be liable to any embargo, or to be detained with their vessels, cargoes, merchandise, goods, or effects, for any military expedition, or for any public purpose whatsoever, without being allowed therefor a full and sufficient indem- nification; which shall in all cases be agreed upon and paid in advance. Article III. The two high contracting parties hereby bind and engage themselves Kaci, nation to not to grant any favor, privilege, or immunity -whatever, in ""aVmo'^iuvo'-ej matters of -commerce and navigation, to other nations, which nat.on. shall not be also immediately extended to the citizens of the other contracting party, who shall enjoy the same, gratuitously, if the concession shall have been gratuitous, or on giving a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional. Article IV. No higher or other duties or charges on account of tonnage, light- Duties o„ yes.*, houses, or harbour dues, pilotage, quarantine, salvage in case and local darees. f (j ama g e or shipwreck, or any other local charges, shall be imposed in any ports of Peru on vessels of the United States, of the bur- den of two hundred Jons and upwards, than those payable in the same ports by Peruvian vessels of the same burden; nor in any of the ports of the United States by Peruvian vessels of the burden of two hundred tons and upwards, than shall be payable in the same ports by vessels of the United States of the same burden. Article V. All kinds of merchandise and articles of commerce which may be cmmornai pro- lawfully imported into the ports and territories of either of , ' ,ion8 the high contracting parties in national vessels may also be so imported in vessels of the other party, without paying other or higher duties and charges of any kind or denomination whatever than if the same merchandise and articles of commerce were imported in national vessels; nor shall any distinction be made in the manner of making payment of the said duties or charges. It is expressly understood that the stipulations in this and the pre- ceding article are to their full extent applicable to the vessels and their cargoes belonging to either of the high contracting parties arriving in the ports and territories of the other, whether the said vessels have cleared directly from the ports of the country to which they appertain, or from the ports of any other nation. PERU, 1851. 677 Article VI. No higher or other duties or charges shall be imposed or levied upon the importation into the ports and territories of either of Dllti6SO11B00ds the high contracting parties of any article the produce, growth, or manufacture of the other party, than are or shall be payable on the like article being the produce, growth, or manufacture of any other country ; nor shall any prohibition be imposed upon the importa- tion of any article the produce, growth, or manufacture of either party into the ports or territories of the other, which shall not equally extend, to all other nations. Article VII. All kinds of merchandise and articles of commerce which may be law- fully exported from the ports and territories of either of the 1* • -T . ,. ,.- .. , , -, i Prnvirtion against high contracting parties in national vessels may also be ex- di»cmn„,at;„ B «''«»«•' or exported from their respective ports, shall be held to apply to the commerce or navigation of either party, until the expiration of eight calendar months after the said changes or alterations shall have been promulgated and become a law, unless the law or decree by which such changes or alterations shall be made contain a prospective provision to the same or similar effect. Article IX. It is hereby declared that the stipulations of the present treaty are not to be understood as applying to the navigation and Tr „^ om as t „ coasting trade between one port and another situated in the coa * tine tra< ' e - territories of either contracting* party ; the regulation of such navigation and trade being reserved, respectively, by the parties, according to their own separate laws. Vessels of either country shall, however, be permitted to discharge part of their cargoes at one port open to foreign commerce Ve , ae , a mw vlsLt . in the territories of either of the high contracting parties, '^^^ """■'■ and to proceed with the remainder of their cargo to any other port or ports of the same territories open to foreign commerce, without paying other or higher tonnage-dues or port-charges in such cases than would be paid by national vessels in like circumstances ; and they shall be permitted to load in like manner at different ports in the same voyage, outwards. Article X. The Eepublic of Peru, desiring to increase the intercourse along its coasts, by means of steam navigation, hereby engages to FtovMom „, to accord to any citizen or citizens of the United States who » t °«™-'"»»° i »- may establish a line of steam -vessels, to navigate regularly between the 678 TREATIES AND CONVENTIONS. different ports of entry within the Peruvian territories, the same privi- leges of taking in and landing freight, entering the by-ports for the pur- pose of receiving and landing passengers and their baggage, specie, and bullion, carrying the public mails, establishing depots for coal, erecting the necessary machine and workshops for repairing and refitting the steam-vessels, and all other favors enjoyed by any other association or company whatsoever. It is furthermore understood between the two high contracting, parties, that the steam- vessels of either shall not be , subject in the ports of the other party to any duties of tonnage, harbor, or other similar duties whatsoever, than those that are or may be paid by any other association or company. Article XL For the better understanding -of the preceding articles, and taking into consideration the actual state of the commercial marine .iderei' » E pe™™ of Peru, it is stipulated and agreed that every vessel belong- ing exclusively to a citizen or citizen s of the said republic, and of which the captain is also a citizen of the same, though the construction or the crew is or may be foreign, shall be considered, for all the objects of this treaty, as a Peruvian vessel. Article XII. The whale-ships of the United States shall have access to the port of Tumbez, as well as to the ports of entry in Peru, and may fl h "pa'7„ e %\™v£ sail from one port to another for the purposes of refreshment and refitting, and they shall be permitted to sell or barter their supplies or goods, including oil, to the amount of two hundred dollars, ad valorem, for each vessel withoutpaying any tonnageorharbour dues, or any duties or imposts upon the articles so sold or bartered. They shall be also permitted, with like exemption from tonnage and harbour dues, further to sell or barter their supplies or goods, including oil, to the aditional amount of one thousand dollars, ad valorem, for each vessel, upon paying for the said additional articles the same duties as- are payable upon like supplies, or goods and oil, when imported in the vessels and by the citizens or subjects of the most favored nation. Article XIII. The merchants, commanders, or masters of vessels, and other citizens commercial pro- of either contracting party, shall be wholly free to manage Yi»ion». their own business and affairs, in all the ports and places within the jurisdiction of the other, or to commit their business and affairs to the management of any person whom they may choose to appoint, a& agent, factor, consignee, or interpreter. They shall not be restrained in the choice of persons to act in such capacities, or be compelled to pay any salary or remuneration to any one whom they do not wish to employ. Absolute freedom shall be given, as well with respect to the consignment and sale of their merchandise and articles of commerce, as to the purchase of their returns, unloading, loading, and sending off their vessels. The buyer and seller shall have full liberty to bargain together and fix the price of any merchandise or articles of commerce, imported into or to be exported from the territories of either contracting party, the regula- tions of commerce established in the respective countries being in every case duly observed. 679 , Article XIV. Peruvian citizens shall enjoy the same privileges in frequenting the mines, and in digging or working for gold upon the public Privileg „ sofPeru . lands situated in the State of California, as are, or may be ™^" ,n ^ U "' hereafter, accorded by the United/States of America to tbe citizens or subjects of the most favored nation. Article XV. The citizens of either of the high contracting parties shall have the full power and liberty to dispose of their personal property Right to di3Ilose and effects, of every kind and description, within the juris- of*""*"^- diction of the other,' by sale, donation, testament, or otherwise; and their heirs or representatives, being citizens of the other party, shall succeed to their said personal property and effects, whether by testament or ab intestato, and may take -possession of the same themselves or by others acting for them, and dispose of the same at their pleasure, paying such dues only as the inhabitants of the country wherein said effects may be shall be subject to pay in like cases. Should the property consist of real estate, and the heirs, on account of their character as aliens, be prevented from entering into possession of the inheritance, they shall be allowed the term of three years to dispose of the same and withdraw and export the proceeds, which they may do without any hindrance, and without paying any other dues or charges tban those which are established by the laws of the country. Article XVI. If any vessel belonging to the citizens of either of the high contracting parties should be wrecked, suffer damage, or be left derelict, p rOTi9ion s in case on or near the coasts, within the territories of the other, all ° rwre,;k8 ' &c - assistance and protection shall be given to such vessel and her crew ; and the vessel, or any part thereof, and all furniture and appurtenances be- longing thereto, together, with all the merchandise which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored to the owners, or their agents, they paying only the expenses incurred in the preservation of the property, together with the rate of salvage which would have been payable, in the like case, by national vessels; and it shall be permitted for them to unload the merchandise and effects on board, with the proper precautions to prevent their illicit introduction, without exacting in such case any duty, impost, or contribution whatever, provided the same be exported. Article XVII. When through stress off weather, want of water or provisions, pursuit of enemies or pirates, the vessels of one of the high con- s ^ Kt trading parties, whether of war (public or private) or of trade, or employed in fishing, shall be forced to seek shelter in the ports, rivers, bays, and dominions of the other, they shall be received and treated with humanity ; sufficient time shall be allowed for the comple- tion of repairs, and while any vessel may be undergoing them its cargo shall not unnecessarily be required to be landed either in whole or in .part ; all assistance and protection shall be given to enable the vessels to procure supplies, aud to place them in a condition to pursue their voyage without obstacle or hindrance. 680 TREATIES AND CONVENTIONS. Article XVIII. All vessels, merchandise, and effects, belonging to the citizens of either pro en r ec» of the high contracting parties, which may be captured by tuped I "irom r pha"e 3 pirates, either on the high seas or within the limits of its to be restored. ..■,.', * -,' , *-* . •. . , n -i • ,1 jurisdiction, and may be carried into or found in the rivers, roads, bays, ports, or dominions of the other, shall be delivered up to the owners or their agents, they proving, in due and proper form, their rights before the competent tribunals ; it being understood that the claim thereto shall be made within two years, by the owners themselves, their agents, or the agents of the respective Governments. Article XIX. The high contracting parties promise and engage to give full and per- fect protection to the persons and property of the citizens oiti°e™ d'thCTnt of each other, of all classes and occupations, who may be dwelling, or transient in the territories subject to their re- spective jurisdiction; they shall have free and open access to the tribu- nals of justice for their judicial recourse, on the same terms as are usual and customary with the natives or citizens of the country in which they may be, and they shall be at liberty to employ, in all causes, the advo- cates, attornies, notaries, or agents, of whatever description, whom they may think proper. The said citizens shall not be liable to impris- onment without formal commitment under a warrant signed by a legal authority, except in cases flagrantis delicti ; and they shall in all cases be brought before a magistrate, or other legal authority, for examination, within twenty-four hours after arrest ; and if not so examined, the ac- cused shall forthwith be discharged from custody. Said citizens, when detained in prison, shall be treated during their imprisonment with humanity, and no unnecessary severity shall be exercised towards them. Article XX. It is likewise agreed that perfect and entire liberty of conscience shall rtyofcon- he enjoyed by the citizens of both the contracting parties in the countries subject to the jurisdiction of the one or the other, without their being liable to be disturbed or molested on ac- count of their religious belief, so long as they respect the laws and established usages of the country. Moreover, the bodies of the citizen's of one of the contracting parties, who may die in the terri- K, g M S tories of the other, shall be buried in the usual burying- grounds, or in other decent and suitable places, and shall be protected from violation or disturbance. Article XXI. The citizens of the United States of America and of the Eepublic of Peru may sail with their vessels, with entire freedom and h,r r "r v a'd7withTni security, from any port to the ports or places of those who now are, or hereafter shall be, enemies of either of the con- tracting parties, whoever may be the owners of the merchandise laden in the said vessels. The same citizens shall also be allowed to sail with their vessels, and to carry and traffic with their merchandise from the ports and places of the enemies of both parties, or of one of them, with- out any hindrance, not only to neutral ports and places, but also from Lib< science. PERU, 1851. 681 one port belonging to an enemy to another enemy's port, whether they be under the jurisdiction of one power or under several. And it is agreed that free ships shall give freedom to goods, and that everything shall be deemed free which shall be found on board the vessels belong- ing to the citizens of either of the contracting parties, although the whole lading or a part thereof, should belong to the enemies of either, articles contraband of war being always excepted. The same liberty shall be extended to persons who may be on board free ships, so that said persons cannot be taken out of them, even if they may be enemies of both parties, or of one of them, unless they are officers or soldiers in the actual service of the> enemy. It is agreed that the stipulations in this article declaring that the flag shall cover the property shall be understood as applying to those nations only who recognize this princi- ple ; but if either of the contracting parties shall be at war with a third, and the other shall remain neutral, the flag of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not that of others. Article XXII. When the neutral flag of one of the contracting parties shall protect the property of the enemies of the other, in virtue of the pre- ceding article, neutral property found on board enemies' m ™S 8 sS- i i n i 'i • i ' i i * * a enemies* vesaela. vessels shall likewise be considered as enemies' property, and shall be subject to detention and confiscation, unless it shall have been pat on board before the declaration of war, oi; even afterwards, if it were done without knowledge of such declaration; but the contracting parties agree that ignorance cannot be alleged after the lapse of six months from the declaration of war. On the contrary, in those cases where the flag of the neutral does not protect enemies' property which may be found on board, the goods or merchandise of the neutral embarked in enemies' vessels shall be free. Ami-OLE XXIII. The liberty of commerce and navigation stipulated for in the preced- ing articles shall extend to all kinds of merchandise except DeSnii „ of COQ . the articles called contraband of war, under which name ,r, ' band i ' r,ic ' M - shall be comprehended: 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fu- sees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, hal- berds, grenades, bombs, powder, matches, balls, and everything belong- ing to the use of these arms. iftid. Bucklers, helmets, breastplates, coats of mail, accoutrements, and clothes made up in military form and for military use. 3d. Cavalry belts and horses, with their harness. 4th. And generally, all offensive or defensive arms made of iron, steel, brass, copper, or of any other material, prepared and formed to make war by land or at sea. • Article XXIV. AU other merchandise and things not comprehended in the articles of contraband explicitly enumerated and classified as above AU other good8 shall be held and considered as free and subjects of free and ESwd^i'Sf?™ .lawful commerce, so that they may be carried and trans- aded - 682 TREATIES AND CONVENTIONS. ported in the freest manner by both the contracting parties even to places belonging to an enemy, excepting only those places which are at that time besieged or blockaded; and to avoid all doubt in this particu- lar, it is declared that those places only shall be considered as besieged or blockaded which are actually invested or attacked by a force capable of preventing the entry of th,e neutral. Aeticle XXV. The articles of contraband, or those before enumerated and classified, rr s» ji ~ ~ .. natioD not to 9 . rve accept a commission, or letter ox marque, ior the purpose ot assisting or co-operating hostilely with the said enemy against the said party so at war, under pain of being treated as a pirate. Article XXXII. If, which is not to be expected, a rupture should at any time take ' Rights of citizc™, place between the two contracting nations, and they should ■■ of war be- „„ the tw Z engage in war with each other, they have agreed, now for tions. then, that the merchants, traders, and other citizens of all occupations of either of the two parties, residing in the cities, ports, and dominions of the other, shall have the privilege of remaining and con- tinuing their trade and business therein, and shall be respected and maintained in the full and undisturbed enjoyment of their personal liberty and property, so long as they conduct themselves peaceably and properly, and commit no offence against the laws. And in their "reLvai L°ho" case their acts should render them justly suspected, and, having thus forfeited this privilege, the respective Govern- ments should think proper to order them to leave the country, the term of twelve months from the publication or intimation of the order therefor shall be allowed them in which to arrange and settle their affairs and remove with their families, effects, and property; to which end the necessary safe conduct shall be given to them, which shall serve as a sufficient' protection, until they arrive at the designated port and there embark ; but this favor shall not be extended to those who shall act •contrary to the established laws. It is, nevertheless, understood that .the respective Governments may order the persons so suspected to re- move, forthwith, to such places in the interior as may be designated. Article XXXIII. In the event of a war, or of any interruption of friendly intercourse between the high contracting parties, the money, private &c!™ p o e t r to'bfco b nr,s' debts, shares in the public funds or in the public or private banks, or any other property whatever, belonging to the citizens of the one party in the territories of the other, .shall in no case be sequestrated or confiscated. Article XXXI V. The high contracting parties, desiring to avoid all inequality in their Rights or eaToy 3 , public communications and official intercourse, agree to &c - ' grant to their Envoys, Ministers, Charges d'Affaires, and other diplomatic agents, the same favors, privileges, immunities, and exemptions, that those of the most favored nations do or shall enjoy ; it being understood that the favors, privileges, immunities, and exemptions granted by the one party to the Envoys, Ministers, Charges dAfl'aires, 685 or other diplomatic agents of the other party, or to thoSe of any other nation shall be .reciprocally granted and extended to those of both the high contracting parties respectively. Article XXXV. To protect more effectually the commerce and navigation of their . respective citizens, the United States of America and the Pr . .,„ i0I1 »„,p e ct- Eepublic of Peru agree to admit and receive, mutually, ™ Con ™ ls ' &c - Consuls and Vice-Consuls in all their ports open to foreign commerce, who shall enjoy, within their respective consular districts, all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation. But to enjoy the rights, prerogatives, and immu- nities which belong to them, in virtue of their public character, the Consuls and Vice-Consuls shall before exercising their official functions, exhibit to the government to which they are accredited their commissions or patents in due form, in order to receive their exequatur ; after receiv- ing which they shall be acknowledged, in their official characters, by the authorities, magistrates, and inhabitants of the district in which they reside. The high contracting parties, nevertheless, remain at liberty to except those ports and places where the admission and residence of Consuls or Vice-Consuls may not seem convenient, provided that the refusal to admit them shall likewise extend to those of all nations. 4 Article XXXVI. The Consuls, Vice-Consuls, their officers, and persons employed in their consulates, shall be exempt from all public service and from all kinds of taxes, imposts, and contributions, be exempted rVom except those which they shall lawfully be held to pay on account of their property or commerce, and to which the citizens and other inhabitants of the country in which they reside are subject, they being, in other respects, subject to the laws of the respective countries. The archives and papers of the consulates shall be inviola- bly respected, and no person, magistrate, or other public wn. rc o< , £ b"° in "«■ authority shall, under any pretext, interfere with or seize them. Article XXXVII. The Consuls and Vice-Consuls shall have power to require the assist- ance of the public authorities of the country in which they dom™, «,*«»». reside; for the arrest, detention, and custody of deserters ti °" of - from the vessels of war or merchant- vessels of their nation ; and where the deserters claimed shall belong to a merchant-vessel, the Consuls or Vice-Consuls must address themselves to the competent authority, and demand the deserters in writing, proving, by the ship's roll or , other public document, that the individuals claimed are a part of the crew of the vessel from which it is alleged that they have deserted; but should the individuals" claimed form a part of the crew of a vessel of war, the word of honor of a commissioned officer attached to the said vessel shall be sufficient to identify the deserters; and when the demand of the Consuls or Vice-Consuls shall, in either case, be so proved, the delivery of the deserters shall not be refused. The said deserters, when arrested, shall be delivered to the Consuls or Vice-Consuls, or, at the request of these, shall be put in the public prisons and maintained at the expense of those who reclaim them, to be delivered to the vessels 686 TREATIES AND CONVENTIONS. to which they belong, or sent to others of the same nation" ; but if the said deserters should not be so delivered or sent within the term of two months, to be counted from the day of their arrest, they shall be set at liberty 4 and shall not be again apprehended for the same cause. The high contracting parties agree that it shall not be lawful for any public authority, or other person within their respective dominions, to harbor or protect such deserters. Article XXXVIII. For the purpose of more effectually protecting their commerce and c™.«ta conren. navigation, the two contracting parties do hereby agree to ton to be formed. f orni) as soon hereafter as may be mutually convenient, a consular convention, which shall declare specially the powers and im- munities of the Consuls and Vice-Consuls of the respective parties. Article XXXIX.. Until the conclusion of a consular convention, the high contracting ruhb of comui., parties agree that, in the absence of the legal heirs or rep- rf^St^mcMeTf resentatives, the Consuls or Vice-Consuls of either party ?hefrT»n f c c oun™m shall be ex officio the executors or administrators of theciti- the other, or at •«■. zens f their nation who may die within their consular juris- dictions, and of their countrymen dying at sea, whose property may be brought within their district. The said Consuls or Vice-Consuls shall call in a justice of the peace, or other local authority, to assist in taking an inventory of the effects and property left by the deceased ; after which, the said effects shall remain in the hands of the said Consuls or Vice-Consuls, who shall be authorized to sell immediately such of the effects or property as '-may be of a perishable nature, and to dispose of the remainder according to the instructions of their respective govern- ments.- And where the deceased has been engaged in commerce or other business, the Consuls or Vice-Consuls shall hold the effects and property so remaining until the expiration of twelve calendar months; during which time the creditors, if any, of the deceased, shall have the right to present their claims or demands against the said effects and property, ' and all questions arising out of such claims or demands shall be decided by the laws of the country wherein the^said citizens may have died. It is understood, nevertheless, that if no claim or demand shall have been made against the effects and property of an individual so deceased, the Consuls or Vice-Consuls, at the expiration of the twelve calendar months, may close the estate and dispose of the effects and property, in accord- ance with the instructions from their own governments. Article XL. The United States of America and the Republic of Peru, desiring to make as durable as circumstances will permit the relations established between the two parties in virtue of this treaty of friendship, commerce, ' and navigation, declare solemnly and agree as follows : 1st. The present treaty shall remain in force for the term of ten years from the day of the exchange of the ratifications thereof; yJrTS "J? .we'™ and, further, until the end of one year after either of the mo„ti»' notice. ^ g h contract j ng parties shall have given notice to the other of its intention to terminate the same, each of them reserving to itself the right of giving such notice to the other at the end of the said term PERU, 1856. 687 of ten years. And it is hereby agreed between the parties that, on the expiration of one year after such notice shall have been received by either of them from the other party, as above mentioned-, this treaty shall altogether cease and determine. 2dly. If any citizen or citizens of either party shall infringe any of the articles of the treaty, such citizen or citizens shall be held personally responsible therefor; and the harmony and good «*■"« "'"Kb understanding between the two nations shall not be inter- ami °"" e "■"""""• rupted thereby ; each party engaging in no way to protect the offender or offenders, or to sanction such violation, under pain of rendering itself liable for the consequences thereof. 3dly. Should unfortunately any of the provisions contained in the present treaty be violated or infringed in any oth er m anner whatever, it is express ly stipulated and agreed that neither of the contracting parties shall order or authorize any act of reprisals, nor declare or make war against the other, on complaint of injuries or damages resulting therefrom, until the party considering itself aggrieved shall first have presented to the other a statement or representation, of such injuries or damages, verified' by competent proofs, and demanded redress and satisfaction, and the same shall have been either refused or unreasonably delayed. 4thly. Nothing contained in this treaty shall, however, be construed to operate contrary to former and existing public treaties with other nations or sovereigns. The present treaty of friendship, commerce, and navigation, shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the Eepublic of Peru, with the authorization of the Con- gress thereof; and the ratifications shall be exchanged at Washington within eighteen months from the date of the signature hereof, or sooner if possible. In faith whereof we, the Plenipotentiaries of the United States of America and of the Eepublic of Peru, have signed and sealed these presents. Done at the city of Lima on the twenty-sixth day of July, in the year of our Lord one thousand eight hundred and fifty-one. , J. EANDOLPH OLAY. [l. s. J. CMO. TOERICO. fL. s. PEEU, 1856. CONVENTION WITH PEEU RELATIVE TO THE RIGHTS OF NEUTRALS AT SEA. CONCLUDED JULY 22, 1856 ; RATIFICATIONS EXCHANGED OCTO- BER 31, 1857 ; PROCLAIMED NOVEMBER 2, 1857. The United States of America and the. Eepublic of Peru, in order to render still more intimate their relations of friendship and good understanding, and desiring, for the benefit of their '«•■■"•• respective commerce and that of other nations, to establish an uniform . system of maritime legislation in time of war, in accordance with the present state of civilization, have resolved to declare, by means of a formal convention, the principles which the two Eepublics acknowledge as the basis of the rights of neutrals at sea, and which they recognize and profess as permanent and immutable, considering them as the true 688 TREATIES AND CONVENTIONS. and indispensable conditions of all freedoni of navigation and maritime commerce and trade. For this purpose the President of the United States of America has conferred full powers on John Eandolph Clay, their Envoy Extraordinary and Minister Plenipotentiary to the Govern- ment of Peru ; and the Liberator President of the Republic of Peru has conferred like full powers on Don Jose Maria Seguin, Chief Officer of the Ministry of Foreign Affairs, in charge of that Department; Who, after having exchanged their said full powers, found to be in good and due form, have agreed upon and concluded the following articles : Article I. The two high contracting parties recognize as permanent and immu- table the following principles : 1st. That free ships make free goods ; that is to say, that the effects night* of nenuaie or merchandise belonging to a Power or nation at war, or " 3LU - to its citizens or subjects, are free from capture and con- fiscation when found on board of neutral vessels, with the exception of articles contraband of war. 2d. That the property of neutrals on board of an enemy's vessel is not subject to detention or confiscation, unless the same be contraband of war ; it being also understood that, as far as regards the two contracting parties, warlike articles destined for the use of either of them shall not be considered as contraband of war. The two high contracting parties engage to-apply these principles to the commerce and navigation of all Powers and States as shall consent to adopt them as permanent and immutable. Article II. It is hereby agreed between the two high contracting parties that the provisions contained in article twenty-second of the treaty concluded between them at Lima on the twenty-sixth day of July, one thousand eight hundred and fifty-one, are hereby annulled and revoked, in so far *as they militate against or are contrary to the stipulations contained in this convention ; but nothing in the present convention shall in any manner affect or invalidate the stipulations contained in the other arti- cles of the said treaty of the twenty-sixth of July, one thousand eight hundred and fifty-one, which shall remain in their full force and effect. Article III. The two high contracting parties reserve to themselves to come to an ulterior understanding, as circumstances may require, with regard to the application and extension to be given, if there be any cause for it, to the principles laid down in the first article ; but they declare from this time that they will take the stipulations contained in the said article as a rule, whenever it shall become a question, to judge of the rights of neutrality. Article IV. It is agreed between the two high contracting parties that all nations Natio™ accedi„ B which shall consent to accede to the rules of the first article o these rules shall enjoy tlie rei-iilliiia "" of this convention by a formal declaration, stipulating to rights. observe them, shall enioy the rights resulting from such PERU; 1857. 689 accession as they shall be enjoyed and observed by the two parties signing this convention. They shall communicate to each other the result of the steps which may be taken on the subject. Article V. The present convention shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate of said States', and by the Presi- to " fi »' to "'- dent of the Eepublic of Peru, with the authorization of the legislative body of Peru, and the ratifications shall be exchanged at Washington within eighteen months from the date of the signature hereof, or sooner if possible. In faith whereof, the Plenipotentiaries of the United States of Amer- ica and the Eepublic of Peru have signed and sealed these presents. Sis °" lurea Done at the city of Lima on the twenty-second day of July, in the year of our Lord pne thousand eight hundred and fifty-six. J. EANDOLPH CLAY. [l. s.] J. M. SEGUIN; |L. s. PEEU, 1857. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF PERU, INTERPRETING THE TWELFTH ARTICLE OF THE TREAT? OF JULY 26, 1851. SIGNED AT LIMA JULY 4, 1857; RATIFICA- TIONS EXCHANGED AT WASHINGTON OCTOBER 13, 1858 ; PROCLAIMED OCTOBER 14, 1858. Certain doubts having arisen with regard to the interpretation to be given to article twelfth of the treaty of the 26th of July, 1851, as to the goods, other than oil and the produce of their fishery, that the whale-ships of the United States may land and sell, or barter, duty free, for the pur- pose of obtaining provisions and refitting ; a concession which, in articles eighty-one and one hundred and ten of the General Commercial Eegula- tions, is not so extensive; and it. being convenient, for the advantage of the citizens of the United States employed in the whale fishery, and of the citizens of Peru, who furnish provisions, to fix, clearly and defini- tively, the proper meaning of the concessions stipulated in the above- mentioned article twelfth of the treaty of the 26th of July, 1851, so that while those reciprocal benefits are secured, all and every controversy in the matter may be avoided: The Envoy Extraordinary and Minister Plenipotentiary of the United States of America to the Eepublic of Peru, John Eandolph Clay, in virtue of his full powers, and His Excellency Doctor »•*»«<»■«• Don Manuel Ortiz de Zevallos, Minister of Foreign Affairs of the Eepublic of Peru, fully authorized to act in the premises by the Excellent Council of Ministers charged with the Government of the Eepublic after having held repeated conferences, an . come to a mutual under- standing upon the true spirit and extent of the exemption from duties conceded to the said whale-ships in the sale and barter of their stores and merchandise, by article twelfth of the treaty of 1851, which provides- 44 690 TREATIES AND CONVENTIONS. "Article XII. " The whale-ships of the, United States shall have access to the port of Tumbez as well as to the ports of entry of Pern, and may sail from one port to another for the purposes of refreshment and refitting, and they shall be permitted to sell or barter their supplies or goods,, includ- ing oil, to the amount of two hundred dollars, ad valorem, for each ves- sel, without paying any tonnage or harbor dues, or any duties or imposts upon the articles so sold or bartered. They shall be also permitted, with like exemption from tonnage and harbor dues, further to sell or barter their supplies or goods, including oil, to the additional amount of one thousand dollars, ad valorem, for each vessel, upon paying for the said additional articles the same duties as are payable upon like supplies or goods and oil when imported in the vessels and by the citi- zens or subjects of the most favored nations :" Have agreed and declared : Article I. That the permission to the whale-ships of the United States to barter or sell their supplies and goods to the value of two hundred ti.n" t ™ t wh«ES?S dollars ad valorem, without being obliged to pay port or tonnage dues, or other imposts, should not be understood to comprehend every kind of merchandise without limitation, but those only that whale-ships are usually provided with for their long voyages. Article II. That in the said exemption from duties of every kind are included the following articles, in addition to the produce of their Articles exempted. n , ' fishery, viz: White unbleached domestics. Axes, hatchets. White bleached domestics. Biscuit of every kind. Wide cotton cloths. Flour. Blue drills. Lard. Twilled cottons. Butter. Shirting stripes. Rum. Ticking. Beef. Cotton shirtings. Pork. Prints. Spermaceti and composition candles. Sailors' clothing of all kinds. Canvass. Soap. Hope. Slush. Tobacco. Boots, shoes, and brogans. Article III. It is also agreed upon and understood between the contracting parties, that the whale-ships of the United States may land and sell or eiSTite'vtiue'or barter, free of all duties or imposts whatsoever, the supplies $500 rre= or d»ty. an(J merchandise specified in the preceding article, to the amount of five hundred dollars, ad valorem, in conformity with article 81 of the General Commercial Regulations; but for every additional quantity from five hundred dollars to one thousand dollars, ad valorem, the exemption shall only extend to port and tonnage dues. PERU, 1862. 691 Article IV. The stipulations in this convention shall haye the same force and effect as if inserted, word for word, in the treaty concluded in Lima on the 2Cth of July, 1851, and of which they shall be deemed and considered as explanatory. For which purpose the present convention shall he approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the Executive Power of the Republic of Peru, with the authorization of the national Peruvian legislature; and the ratifications shall be exchanged in Washington in as short a time as possible. . In faith whereof, the above-named plenipotentiaries have signed, in quadruplicate, this convention, explanatory of the treaty of the twenty- sixth of July, one thousand eight hundred and fifty-one, and have hereunto affixed their seals. Done at Lima, the fourth day of July, in the year of our Lord one thousand eight hundred and fifty-seven. J. RANDOLPH CLAY. Tl. s.] MANUEL ORTIZ DE ZEVALLOS. [l. s.J PERU, 1862. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF PERU, RESPECTING THE " LIZZIE THOMPSON " AND " GEOR- GIANA.? CONCLUDED AT LIMA DECEMBER 20, 1862 ; RATIFICATIONS EX- CHANGED AT LIMA, APRIL 21, 1863 ; PROCLAIMED MAY 19, 1863. Whereas differences having arisen between the United States of America and the Republic of Pern, originating in the cap- clBima „„„„ Pero ture and confiscation by the latter of two ships belonging to ^PW^T'^zl'l citizens of the United States, called the "Lizzie Thompson" Sb"™?"™ t0 'li aud "Georgiana;" and the two Governments not being able to jS^iUwend: come to an agreement upou the questions involved in said 1 " ll »" capture aud confiscation, and being equally animated with the desire to maintain the relations of harmony which have always existed, and which it is desirable to preserve and strengthen' between the two Gov- ernments, have agreed to refer all the questions, both of law and fact, involved in the capture and confiscation of said ships by the Government of Peru, to the decision of some friendly Power; and it being now ex- pedient to proceed to and regulate the reference as above described, the United States of America aud the Republic of Peru have for that pur- pose named their respective Plenipotentiaries, that is to say : The President of the United States has appointed Christopher Rob- inson, their Envoy Extraordinary and Minister Plenipoten- tiary to Peru, and the President of Peru Dr. Jose" Gregorio plen » oten " a ™>"- Paz Soldan, Minister of State in the office of Foreign Relations and President of the Council of Ministers ; Who, after having exchanged their full powers, found to be in due and proper form, have agreed upon the following articles : Article I. The two contracting parties agree in naming as arbiter, umpire, and 692 TREATIES AND CONVENTIONS. The Km, or Bei- friendly arbitrator, His Majesty the King of Belgium, con- ,1™ to be arbiter. ferring upon him the most ample power to decide and deter- mine all the question s,. both of law and fact, involved in the proceedings of the Government of Peru in the capture and confiscation of the ships " Lizzie Thompson" and " Georgiana." Article II. The Kit,,, of Bei- The two contracting parties will adopt the proper measures B 8o J iicite°a b to p a°r''a S to solicit and obtain the assent of Hfs Majesty the King of •rbiter. Belgium to act in the office hereby conferred upon him. After His Majesty the King of Belgium shall have declared his assent to exercise the office of arbiter, the two contracting parties will submit, p«pere t ? be B ub- through their diplomatic agents residing at Brussels, to His mined to him. Majesty copies of all the correspondence, proofs, papers, and documents which have passed between the two Governments or their respective representatives ; and should either party think proper to present to said arbiter any other papers, proofs, or documents in addi- tion to those above mentioned, the same shall be communicated to the other party within four months after the ratification of this convention. Article III. Both parties being equally interested in having a decision upon the questions hereby submitted, they agree to deliver to the tobesSStedwithi said arbiter all the documents referred to in the second arti- cle within six months after he shall have signified his con- sent to act as such. Article IV. The sentence or decision of said arbiter, when given, shall be final De™™ or obiter and conclusive upon all the questions hereby referred, and to be a«aL fljg contracting parties hereby agree to carry the same into immediate effect. Article V. This convention shall be ratified and the ratifications Ratifications to be , . . , , . « . , ,. , - _ , .^changed within six exchanged in the term ot six months from the date months.' * *. hereof. In faith whereof the Plenipotentiaries of the two Governments have signed and sealed, with their respective seals, the present Signature. , . *■ ' J - convention. Done in the city of Lima, in duplicate, on the twentieth day of De- cember, in the year of our Lord one thousand eight hundred and sixty- two. CHTMSTOPHEB EOBINSON. JOSE G. PAZ SOLDAN. L . L. 693 PERU, 1863. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OP PERU, FOR THE 'SETTLEMENT OF THE PENDING CLAIMS OF CITIZENS OF EITHER COUNTRY AGAINST THE OTHER. CONCLUDED AT LIMA JANUARY 12, 1863 ; RATIFICATIONS EXCHANGED AT LIMA APRIL 18, 1863; PROCLAIMED MAY 19, 1863. The United States of America and the Republic of Peru, desiring to settle and adjust amicably the claims which have been made B irtiM by the citizens of each country against the Government of the other, have agreed to make arrangements for that purpose by means , of a convention, and have named as their Plenipotentiaries to confer and agree thereupon as follows : The President of the United States, Christopher Eobinson, Envoy Extraordinary and Minister Plenipotentiary of said States to Peru, and the Presideut of Peru, Dr. Jos6 Gregorio Paz Soldan, the Minister of Eoreign Relations and President of the Council of Ministers ; Who, after having commuuicated to each other their respective full powers, found to be in due and proper form, have agreed as follows : Article I. All claims of citizens of the United States against the Government of Peru, and of citizens of Peru against the Government of the CMmen iMtPeni United States, which have not been embraced in conventional to ^""ff™a to™ or diplomatic agreement between the two Governments or their Plenipotentiaries, and statements of which, soliciting the interpo- sition of either Government, may, previously to the exchange of the ratifications of this convention, have been filed in the Department of State at Washington, or the Department of Foreign Affairs at Lima, shall be referred to a mixed commission composed of four members, appointed as follows : Two by the Government of poin™e n t o? d the United States, and two by the Government of Peru. In case of the death, absence, or incapacity of either Commis- missioner, or in the event of either Commissioner ceasing to act, the Government of the United States, or its Envoy Eutraordinary and Minister Plenipotentiary in Peru, acting under its direction, or that of the Republic of Peru, shall forthwith proceed to fill the vacancy thus occasioned. Article II. The Commissioners so named shall immediately after their organisa- tion, and before proceeding to any other business, proceed Comn ,i„ ioner , lo to name a fifth person to act as an arbitrator or umpire in =»"»<,»» umpire any case or cases in which they may themselves differ in opinion. Article III. The Commissioners appointed as aforesaid shall meet in Lima within three months after the exchange of the ratifications of this To ^^ convention; and each one of the Commissioners, before withinXL'mon'thi proceeding to any business, shall take an oath, made and subscribed before the most Excellent Supreme Court, that ro tate and Bnb . they will carefully examine and impartially decide, according " cribe a ° oallt 694 TREATIES AND CONVENTIONS. to the principles of justice and equity, the principles of international law and treaty stipulations, upon all the claims laid before them under the provisions of this convention, and in accordance with the evidence sub- mitted on the part of either Government. A similar oath shall be taken and subscribed by the person selected by the Commissioners as arbitrator or umpire, and said oaths shall be entered upon the record of the proceedings of said commission. Article IV. The arbitrator or umpire being appointed, the Commissioners shall without delay, proceed to examine and determine the claims specified in the first article, and shall hear, if required, one Mod B of procedure, person in behalf of each Government on each separate claim. p»pe ra to be fur- Each government shall furnish, at the request of either of ° ishei the Commissioners, the papers in its possession which may be important to the just determination of any of the claims referred. Article V. From the decision of the Commissioners there shall be no appeal; and the agreement of three of them shall give full force and effect .S™ "oTe to their decisions, as well with respect to the justice of their Agreement of three claims as to the amount of indemnification that may be ad- judged to the claimants; and in case the Commissioners cannot agree, the points of difference shall be referred to the arbitrator or umpire, before whom the Commissioners may be heard, and his de- cision shall be final. Article VI. The decision of the mixed commission shall be executed without appeal by each of the contracting parties, and it shall be the Each party shall , x *~ V It i 1 " • ±. ° ' , , ,, . . r\ e »ec te the decree duty of the Commissioners to report to the respective Gov- ' ut ™" ia ernments the result of their proceedings ; and if the decision payments, ho W of said Commissioners require the payment of indemnities to any of the claimants, the sums determined by the said Com- missioners shall be paid by the Government against which they are awarded within one month after said Government shall have received the report of said Commissioners ; and for any delay in the payment of the sum awarded after the expiration of said month, the sum of six per cent, interest shall be paid during such time as said delay shall continue. Article VII. For the purpose of facilitating the labors of the mixed commission, secretary to. the each Government shall appoint a secretary to assist in the commission. transaction of their business and to keep a record of their Rules of business, proceedings, and for the conduct of their business said com- missioners are authorised to make all necessary rules. Article VIII. Thedecisions of this Commission, orof the umpire in case of a difference Decieion.. between the Commissioners, shall be final and conclusive, and shall be carried into full effect by the two contracting ciudeTborT m c °£ parties. The Commission shall terminate its labors in six months from and including the day of its organization ; pro- PERU, 1868. 695 vided, -however, if at the time stipulated for the termination of said Commission any case or cases should be pending before the doolioq of umpire umpire and awaiting his decision, it is understood and agreed ° n pt "" Irag ™" eH - by the two contracting parties tbafr said umpire is authorised to pro- ceed and make his decision or award in such case or cases; and upon his report thereof to each of the two Governments, mentioning the amount of indemnity, if such shall have been allowed by him, such award shall be final and conclusive in the same manner as if it had been made by the Commissioners under their own agreement; provided that said decision shall be made by said umpire within thirty days after the final adjourn- ment of said Commission, and at the expiration of the said thirty days the power and authority hereby granted to said umpire shall cease. Article IX. Each Government shall pay its own Commissioners and secretary, but the umpire shall be paid, one-half by the Government of the United States and one-half by the Eepublic of n.2!" «»S', Peru. • Article X. The present convention shall be ratified, and the ratifications thereof shall be exchanged in the term of four months from the date hereof. In faith whereof, the respective Plenipotentiaries have signed the same and affixed their respective seals. Done in the city of Lima this twelfth day of January, in the year of our Lord one thousand eight hundred and sixty-three. CHRISTOPHER ROBINSON, [l. s. JOSE G. PAZ SOLD AN. l. s. PERU, 1868. CONVENTION WITH PERU, RESPECTING CLAIMS. CONCLUDED DECEMBER 4, 1868; RATIFICATIONS EXCHANGED JUNE 4, 1869; PROCLAIMED JULY 6, 1869. Whereas claims may have, at various times since the signature of the decisions of the mixed commission which met in Lima in July, 1863, been made upon the Government of the Urlited States of America, by citi- zens of Peru, and have been made by citizens of the United States of America on the Government of Peru ; and whereas some of such claims are still pending: The President of the United States of America and the President of Peru, being of opinion that a speedy and equitable settlement of all such claims will contribute much to the maintenance of the friendly feelings which subsist between the two countries, have resolved to make arrangements for that purpose by means of a conven- tion, and have named as their Plenipotentiaries to confer and agree thereupon, that is to say: The President of the United States names Alvin P. Hovey, Envoy Extraordinary and Minister Plenipotentiary of the United States of America near the Government of Peru ; and the President of Peru names His Excellency Doctor Don Jose" Antonio Barrenechea, Minister of Foreign Affairs of Peru ; 696 TKEATIES AND CONVENTIONS. Who, after having communicated to each other their respective full powers, found in good and true form, have agreed as follows : Article I. The high, contracting parties agree that all claims on the part of cor- cert™. Aims » porations, companies, or private individuals, citizens of the o- tLTwo"™v."£ United States, upon the Government of Pern, and all claims meni.fi to be idcired ., n ,. . . . ,. , , t ? two commis. on the part of corporations, companies, or private individu- als, citizens of Peru, upon the Government of the United States, which may have been presented to either government for its interposition since the sittings of the said mixed commission, and which remain yet unsettled, as well as any other claims which may be presented within the time specified in Article III hereinafter, shall be referred to the two Commissioners, who shall be appointed in the following manner, that is to say : One Commissioner shall be named by the President of the United States, and one by the President of Peru. In case of the death, absence, or incapacity of either Commissioner, or in the event of either Commissioner omitting or ceasing to act as such, the President of the United States or the President of Peru, respectively, shall forth- with name another person to act as Commissioner in the place or stead of the Commissioner already named. The Commissioners so named shall meet at Lima at their earliest convenience after tuey have been respectively named, not to exceed three months from the ratification of this convention, and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and care- fully examine and decide to the best of their judgment, and according to justice and equity, without fear, favor, or affection to tbeir own country, upon all such claims as shall be laid before them on the part of the Governments of the United States and Peru, respectively, and such declarations shall be entered on the record of the Commission. The Commissioners shall then, and before proceeding to other busi- ness, name some third person of some third nation to act as an Arbi- trator or Umpire in any case or cases on which they may themselves differ in opinion. If they should not be able to agree upon the name of such third person, they shall each name a person of a third nation, and •in each and every case in which the Commissioners may differ in opin- ion as to the decision which they ought to give, it shall be determined pro*™™ as to by lot which of the two persons so named shall be the umpire. Arbitrator or Umpire in that particular case. The person or persons so to be chosen to be Arbitrator or Umpire shall, before pro- ceeding to act as such in any case, make and subscribe a solemn decla- ration in a form similar to that which shall have already been made and subscribed by the Commissioners, which shall be entered upon the records of their proceedings. In the event of the death, absence, or incapacity of such person or persons, or of his or their omitting or de- clining, or ceasing to act as such Arbitrator or Umpire, another and different person shall be named a,s aforesaid to act as such Arbitrator or Umpire in the place and stead of the person so originally named as aforesaid, and shall make and subscribe such declaration as aforesaid. Article II. The Commissioners shall then forthwith proceed to the investigation of the claims which shall be presented to their notice. They shall in- vestigate and decide upon such claims in such order and in such man- PEEU, 1868. 697 ner as they may conjointly think proper, but upon such evidence or information as shall be furnished by or on behalf of their respective Governments. They shall be bound to receive and peruse all written documents or statements which may be presented to them by or on be- half of their respective Governments, in support of or in answer to any claim, and to hear, if required, one person on each side on behalf of each Government as Counsel or Agent for such Government, on each and every separate claim. Should they fail to agree in opinion on any in- dividual claim, they shall call to their assistance the Arbitrator or Um- pire whom they have agreed to name, or who maybe determined by lot, as the case may be, and such Arbitrator or Umpire, after having exam- ined the evidence adduced for and against the claim, and after having heard, as required, one person on each side, as aforesaid, and consulted with the Commissioners, shall decide thereupon finally and without ap- peal. Thedecision of the Commissioners and of the Arbitrator or Umpire- shall be given upon each claim in writing, and shall be signed by them respectively. It shall be competent for each Government to name one person to attend the Commissioners as agent on its behalf, and to an- swer claims made upon it, and to represent it generally in all matters connected with the* investigation and decision thereof. The President of the United States, and the President of Peru, hereby solemnly and sincerely engage toconsider the decision of the ^ Commissioners conjointly, or of the Arbitrator or Umpire, aS™ to bi- as the case may be, as absolutely final and conclusive upon each claim decided upon by them or him, respectively, and to give full effect to such decisions, without any objections, evasion, or delay what- soever. It is agreed that no claim arising out of any transaction of a date prior to'the 30th of November, 1863, shall be admissible under this convention. Article III. Every claim shall be presented to the Commissioners within two months from the day of their first meeting, unless in any case where reasons for delay shall be established to the satisfaction of the Commissioners, or of the Arbitrator or Umpire, in the event of the Commissioners differing in opinion thereon, and then and in every such case the period for pre- senting the claim may be extended to any period not exceeding one month Jonger. The Commissioners shall be bound to examine and decide upon every claim within six months from the day of their first meeting. Article IV. All sums of money which may be awarded by the Commissioners, or by the Arbitrator or Umpire, on account of any claim, shall be paid by the one Government to the other, as the case may be, within four months after the date of the decision, without interest, and without any deduc- tion, save as specified in Article VI, hereinafter. Article V. The high contracting parties agree to consider the result of the pro- ceedings of this Commission as a full* perfect, and final set- ., a. ^ 1 ■ • a i n i. ■ ■ .This Commission tlement or every claim upon either Government arising out to be unai settlement of any transaction of a date prior to the exchange of the J4 t c Singe c ol ratifications of the present convention ; and further engage 698 TREATIES AND CONVENTIONS. that every such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said Commissioners, shall, from and after the conclusion of the proceedings of the said Com- mission, be considered and treated as finally settled, barred, and there- fore inadmissible. , Article VI. The salaries of the Commissioners shall not exceed forty-five hundred salaries of o m dollars in United States gold coin, each, yearly. Those of ™mioMr>,°unwi^ the secretaries and Arbitrator or Umpire shall be deter- mined by the Commissioners ; and in case the said Commis- sion finish its labors in less than six months, the Commissioners, to- gether with their assistants, will be entitled to six months' pay, and the whole expenses of the Commission shall be defrayed by a ratable de- eduction on the amount of the sums awarded by the Commissioners, pro- vided always that such deduction shall not exceed the rate of five per «ent. on the sums so awarded. The deficiency, if any, shall be defrayed by the two Governments in moieties. • Article VII. The present convention shall be ratified by the President of the convention, when United States, by and with the consent of the Senate to be mtined.' thereof, and by the President of Peru, with the approbation •of the Congress of that Republic, and the ratifications will be exchanged in Lima, as soon as may be, within six months of the date hereof. Article VIII. 'The high contracting parties declare that this convention shall not be considered as a precedent obligatory on them, and that Tine contention ,. . \. ... ° i • _, i ™tofu b t e ure°3atof' t t Qe y remain in pertect liberty to proceed in the manner that may be deemed most convenient regarding the diplo- matic claims that may arise in the future. In witness whereof the respective Plenipotentiaries have signed the • same in the English and Spanish languages, and have affixed thereto the seals of their arms. Done in Lima the fourth day of December, in the year of our Lord one thousand eight hundred and sixty eight. ALVIN P. HOVEY. [l. S. J. A. BARRENECHEA. [L. s/ PORTUGAL. POKTUGAL, 1840. TREATY OF COMMERCE AND NAVIGATION WITH PORTUGAL. CONCLUDED AUGUST 26, 1840; RATIFICATIONS EXCHANGED APRIL 23, 1841; PRO- CLAIMED APRIL 24, 1841. In tbe Name of the Most Holy and Undivided Trinity. The United States of America and Her Most Faithful Majesty the Queen of Portugal and of the Algarves, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective States ; of extend- ing, also, and consolidating the commercial intercourse between them ; and convinced that this object cannot better be accomplished than by adopting the system of an entire freedom of navigation, and a perfect reciprocity based upon principles of equity equally beneficial to both countries ; have, iu consequence, agreed to enter into negotiations for the conclusion of a treaty of commerce and navigation ; and they have appointed as their Plenipotentiaries for that purpose, to wit : The President of the United States of America, Edward Kavan[a]gh, their Charge" dAffaires at the Court of Her Most Faithful Majesty .; and Her Most Faithful Majesty, the most illustrious and most excellent John Baptist de Almeida Garrett, First Historiographer to her said Majesty, of her Council, Member of the Cortes, Knight of the ancient and most noble Order of the Tower au[d] Sword, Knight Commander of the Order of Christ, Officer of the Order of Leopold in Belgium, Judge of the Superior Court of Commerce, Envoy Extraordinary and Minister Plenipotentiary to Her Catholic Majesty; Who, f after having exchanged their respective fall powers, found to he in due and proper form, have agreed upon and concluded the fol- lowing article's : Article I. There shall be, between the territories of the high contracting parties, a reciprocal liberty of commerce and navigation. The citi- zens and subjects of their respective States shall, mutually, or B £m™ree llb «?J have liberty -to enter the ports, places, and rivers of the ter- nav ' Bat " >n - ritories of each party, wherever foreign commerce is or shall be per- mitted. They shall be at liberty to sojourn and reside in all parts. of said territories, in order to attend to their affairs; and they shall enjoy, to that effect, the same security and protection as natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there prevailing, and particularly to the regulations in force concerning commerce. Article II. Vessels of the United States of America arriving, either laden or iu ballast, in the ports of the Kingdom and possessions of TM „,. of eit]Mr Portugal; and, reciprocally, Portuguese vessels arriving, Snlr Za^S. either laden or in ballast, in the ports of the United States of veaBeK 700 TREATIES AND CONVENTIONS. i America, shall be treated, on their entrance, during their stay, and at their departure, upon the same footing as national vessels, coming from the same place, with respect to the duties of tonnage, lighthouse duties, pilotage, port charges, as well as to the fees and perquisites of public officers, and all other duties and charges, of whatever kind or denomi- nation, levied upon vessels of commerce, in the name or to the profit of the Government, the local authorities, or of any public or private estab- lishment, whatsoever. Article III. No higher or other duties shall be imposed on the importation into the Kingdom and possessions of Portugal of any article d,.ti°°to e b e impoJ5. the growth, produce, or manufacture of the United States on importations, &c. „ . . /x , -i • -i , t i , • i 1 1 i • ■» of America; and no higher or other duties shall be imposed on the importation into the United States of America of any article - the growth, produce, or manufacture of the Kingdom and possessions of Portugal, than such as are or shall be payable on the like article be- ing the growth, produce, or manufacture of any other foreign country. Nor shall any prohibition be imposed on the importation or exporta- Aiiprohibit.on.to tion of any article the growth, produce, or manufacture of be general. t k e TJnited States of America, or of the Kingdom and pos- sessions of Portugal, to or from the ports of the said Kingdom and pos- sessions of Portugal, or of the said States, which shall not equally extend to all other foreign nations. Nor shall any higher or other duties or charges be imposed, in either of the two countries, on the exportation of any articles to duti e°to™ e 7mpoaed the United States of America, or to the Kingdom of Portu- on exportation., &c. -, j • i . i i iiji i gal, respectively, than such as are payable on the exporta- tion of the like articles to any other foreign country. Provided, however, that nothing contained in this article shall be un- derstood, or intended, to interfere with the stipulation entered into by the United States of America, for a special equivalent, in regard to French wines, in the convention made by the said States and France, on the fourth day of July, in the year of our Lord one thousand eight hundred and thirty-one; which stipulation will expire, and cease to have effect, in the month of February, in the year of our Lord one thousand eight hundred and forty-two. Article IV. The same duties shall be paid, and the same bounties, deductions, or samediitiMomm- privileges allowed, on the importation into the Kingdom vSrS- eTt'iJ°r and Possessions of Portugal, of any article the growth, party. produce, or manufacture of the United States of America, whether such importation shall be in vessels of the said States, or in Portuguese vessels; and, reciprocally, the same duties shall be paid, and the same bounties, deductions, or privileges allowed, on the impor- tation into the United States of America, of any article the growth, produce, or manufacture of the Kingdom and possessions of Portugal, whether such importation shall be in Portuguese vessels, or in vessels of the said States. Article V. It is agreed by the high contracting parties that, whenever there may ravor. granted by be lawfully imported into all or any of the ports of the King- .a'tton."^ become" dom and possessions of Portugal, in vessels of any foreign ™ m ™ • country, articles of the growth, produce, or manufacture of PORTUGAL, 1840. 701 a country other than that to which the importing vessels shall belong, the same privilege shall immediately become common to vessels of the United States of America, with all the same rights and favors as may, in that respect, be granted to the most favored nation. And, recipro- cally, in consideration thereof, Portuguese vessels shall thereafter enjoy, in the same respect, privileges, rights, and favors, to a corre- spondent extent, in the ports of the United States of America. Article VI. All kinds of merchandise and articles of commerce, which may be lawfully exported or re-exported from the ports of either of Nohiherorother the high contracting parties to any foreign country, in na- dut°i 8 'f Sewon^ t -, ii -. j i , 1 p tiona. &c, than are tional vessels, may also be exported or re-exported therefrom v^ °y nat.onai •"»■ in vessels of the other party, respectively, without paying other or higher duties or charges, of whatever kind or denomination, than if the same merchandise or articles of commerce were exported or re-exported in national vessels. And the same bountries and drawbacks shall be allowed, Bou &c whether such exportation or re-exportation be made in ves- » ? m°'"in" i »e 3 .eis °t jsels of the one party or the other. Article VII. It is expressly understood that nothing contained in this treaty shall lie applicable to the coastwise navigation of either of the CoaJting trade „. two countries, which each of the high contracting parties Q ' m± reserves exclusively to itself. Article VIII. It is mutually understood that the foregoing stipulations do not apply to ports and territories, in the Kingdom and possessions of „ _-» , i i .,. . 7 t 'j.' l. Foregoing stipula- Portugal,. where foreign commerce and navigation are not «on» not applicable admitted; and that the commerce and navigation of Portu- gal directly to and from the United States of America and the said ports and territories are also prohibited. But Her Most Faithful Majesty agrees that, as soon as the said ports and territories, or any of them, shall be opened to the com- ga . d &c merce or navigation of any foreign nation, they shall, from wh™o P H'to aS , , ill j i ii J • j.- foreign nation, to be that moment, be also opened to the commerce and navigation open to united of the United States of America, with the same privileges, rights, and favors as may be allowed to the most favored nation, gratuit- ously, if the concession was gratuitously made, or on allowing the same •compensation or an equivalent if the concession was conditional. Article IX. Whenever the citizens or subjects of either of the contracting parties shall be forced to seek refuge or asylum in any of the rivers, Protection l)ays, ports, or territories of the other, with their vessels, ^"SIS *£*££ ■whether merchant or of war, through stress of weather, pursuit of pirates or enemies, they shall be received and treated with humanity, giving to them all favor, facility, and protection for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage, without obstacle or hindrance of any kind. 702 TREATIES AND CONVENTIONS. Article X. The two contracting parties shall have the liberty of having, each in the ports of the other, Consuls, Vice-Consuls, Agents, and con"ii»r&c y ,ineacb Commissaries of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nation. But before any Consul, Vice-Consul, Agent, or Commissary shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent. But, if any such Consuls shall exercise commerce, they shall be sub- or con.,,1, e„ M - mitted to the same laws and usages to which the private in, in commerce. individuals of their nation are submitted, in the same place, in respect of their commercial transactions. And it is hereby declared that, in case of offense against the laws, oon«,.i 8 vioi»im B such Cousul, Vice-Consul, Agent, or Commissarymayeither tie i.v™. jj e p Un i s h e( i according to law or be sent back, the offended Government assigning to the other reasons for the same. The archives and papers of the consulates shall be respected inviola- oonsuiar archives, bly ; and under no pretext whatever shall any magistrate i.moiabje. seize or in any way interfere with them. The Consuls, Vice- Consuls, and Commercial Agents shall have the Disputes between right, as such, to sit as judges and arbitrators in such dif- be m deeu°ed b^'con"- ferences as may arise between the captains and crews of the «ui, etc. vesselsbelonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless- the conduct of the crews or of the captains should disturb the order or the tranquillity or offend the laws of the country, or the said Consuls, Vice-Consuls, or Commercial Agents should require their assistance to cause their decisions to be carried into effect or supported. It is, however, understood that this species of judgment or arbitra- conten make as durable as circumstances will permit, the relations The fo ii owing: which are to be established between the two parties, by p™ 18 »« eed ">• virtue of this treaty or general convention of reciprocal liberty of com- merce and navigation, have declared solemnly and do agree to the following points : 1st. The present treaty shall be in force for six years from the date hereof, and further until the end of one year after either of DuratUm of ths . the contracting parties shall have given notice to the other '"""■ of its intention to terminate the same; each of the contracting parties- 1 reserving to itself the right of giving such notice to the other at any time after the expiration of the said term of six years; and it is hereby agreed between them that, on the expiration of one year after such- notice shall have been received by either from the other party, this. treaty shall altogether cease and terminate. 2d. If any one or more of the citizens or subjects of either party shalL 704 • TREATIES AND CONVENTIONS. ■ infringe any of the articles of this treaty, such citizen or nSShSS subject shall be held personally responsible for the same ; luion 01 ti..» treaty. an ^ ^ & harmony and good correspondence between the two nations shall not be interrupted thereby ; each party engaging in no way to protect the offender, or sanction such violation. 3d. If, (which, indeed, cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated or Reprisals not to be . n . -. -i , ■ . - i j_* i , t authored, nor war infringed in anv way whatever, it is expressly stipulated, -declared, until, &.C. , , , & . , , „ ,? J . ,. ' ,. Ml J j-1 that neither of the contracting parties will order or author-, ise any acts of reprisal, nor declare war against the other, on complaints of injuries or damages, until the said party considering itself offended shall first have presented to the other a statement of such injuries or damages, verified by competent proof, and demanded justice and satis- faction, and the same shall have been either refused or unreasonably delayed. 4th. The present treaty shall be approved and ratified by the Presi- dent of the United States of America, by and with the ad- e ? r.haneed t '°w s it t hic vice and consent of the Senate of the said States, and by Her Most Faithful Majesty, with the previous consent of the General Cortes of the nation, and the ratifications shall be exchanged, in the city of Washington, within eight months from the date hereof, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done in triplicate in the city of Lisbon, the twenty-sixth day of August, in the year of our Lord one thousand eight hundred and forty. EDWARD KAVANAGH. [l. s.] JOAO BAPT1STA DE ALMEIDA GARRETT. [L. S.J [The treaty of August 26, 1840, did not restrict either Government from imposing discriminating duties on merchandise not the growth or production of the nation of the vessel carrying the same into the port -of the other nation. (Oldfield vs. Marriott, 10 Howard, 146.)] PORTUGAL, 1851. TREATY WITH PORTUGAL RELATIVE TO CERTAIN CLAIMS OF AMERICAN CITIZENS. CONCLUDED FEBRUARY 26, 1851; RATIFICATIONS EXCHANGED JUNE 23, 1851 ; PROCLAIMED SEPTEMBER 1, 1851. The Unitsd States of America and Her Most Faithful Majesty the Queen of Portugal and of the Algarves, equally animated with the desire to maintain the relations of harmony and amity which have always existed, and which it is desirable to preserve between the two Powers, having agreed to terminate by a convention the pending questions between their respective Governments in relation to certain pecuniary claims of American citizens presented by the Gov- ernment of the United States against the Government of Portugal, have appointed as their Plenipoteutaries for that purpose, to wit: The President of the United States of America, Dauiel Webster, Secretary of State of said United States, and . Her Most Bettors. Faithful Majesty, J. C. de Figaniere 6 Morao, of Her Coun- cil, Knight Commander of the Orders of Christ and of O. L. of Con- PORTUGAL, 1851. * 705 ception of Villa Vicoza, and Minister Eesicleut of Portugal near the Government of the United States ; Who, after having exchanged tbeir respective full powers, found to be in due and proper form, have agreed upon and concluded the follow- ing articles: Article I. Her Most Faithful Majesty the Queen of Portugal and of the Algarves, appreciating the difficulty of the two Governments agree- Tz . yment to i» ihg upon the subject of said claims, from the difference of «»»««»«w">f «<•">»■ opinion entertained by them respectively, which difficulty might hazard the continuance of the good understanding now prevailing between them, and resolved to maintain the same unimpaired, has assented to pay to the Government of the United States a sum equivalent to the indemnities claimed for several American citizens, (with the exception of that mentioned in the fourth article,) and which sum the Government of the United States undertakes to receive in full satisfaction of said claims, except as aforesaid, and to distribute the same among the claimants. Article II. The high contracting parties, not being able to come to an agreement upon the question of public law involved in the case of the the C a»= r «i>» American privateer brig "General Armstrong," destroyed S> e °j,e r, J ul ^SrS by British vessels in the waters of the island of Fayal, in " bi ' ra "°°- September, 1814, Her Most Faithful Majesty has proposed, and the United States of America have consented, that the claim presented by the American Government, in behalf of the captain, officers, and crew of the said privateer, should be submitted to the arbitrament of a sov- ereign, potentate, or chief of some nation in amity with both the high contracting parties. Article III. So soon as the consent of the sovereign, potentate, or chief of some friendly nation, who shall be chosen by the two high con- opiMofaiipapen tracting parties, shall have been obtained to act as arbiter to be lsid before biter, and his decision uuuiu^ jjwi. wv/kjj uutl11 xxtM » \j kj\,>\->l-l v >v tcwiivAi v\j tA\jv tAi\j wujiu;!. biter, and Dll in the aforesaid case of the privateer brig " General Arm- t0 * e fiMl - strong," copies of all correspondence which has passed in reference to said claim between the two Governments and their respective representa- tives shall be laid before the arbiter, to whose decision the two high contracting parties hereby bind themselves to submit. Article IV. The pecuniary indemnities which Her Most Faithful Majesty promises to pay, or cause to be paid, for all the claims presented pre- mm to hr vious to the 6th day of July, 1850, in behalf of American v^ ibr'ae otter citizens, by the Government of the United States, (with the exception of that of the " General Armstrong,") are fixed at ninety-one thousand seven hundred and twenty-seven dollars, in accordance with the correspondence between the two Governments. Article V. The payment of the sum stipulated in the preceding article shall be made in Lisbon, in ten equal instalments, in the course of Paymsrat how mada five years, to the properly-authorized agent of the United 45 706 TREATIES AND CONVENTIONS. States. The first instalment of nine thousand one hundred and seventy- two dollars seventy cents, with interest as hereinafter provided, (or its equivalent in Portuguese current money,) shall be paid, as aforesaid, on the 30th day of September of the current year of 1851, or earlier, at the option of the Portuguese Government; and at the end of every subsequent six months a like instalment shall be paid — the integral sum of ninety-one thousand seven hundred and twenty-seven dollars, or its equivalent, thus to be satisfied on or before the thirtieth day of September, 1856. Article VI. It is hereby agreed that each and all of the said instalments are to interest bear, and to be paid with an interest of six per cent, per annum, from the date of the exchange of the ratifications of the present convention. Article VII. This convention shall be approved and ratified, and the ratifications shall be exchanged in the city of Lisbon within four months Ratifications. j?j_ _i_i -i i i _p -j? -i l after the date hereof, or sooner if possible. In testimony whereof the respective Plenipotentiaries have signed the same, and affixed thereto the seals of their arms. Done in the city of Washington, D. 0., the twenty-sixth day of February, of the year of. our. Lord one thousand eight hundred and fifty-one. DAN'L WEBSTEE. J. 0. DE FIGANIEEE E MOEAO. L. S. L. S. PRUSSIA. PEUSSIA, 1785. TREATY OF AMITY AND COMMEECE BETWEEN HIS MAJESTY THE KING OF PEUSSIA AND THE UNITED STATES OF AMEEICA. CONCLUDED SEP- TEMBEE 10, 1785 ; EATIFIED BY THE KING OF PEUSSIA SEPTEMBEE 24, 1785, AND BY THE CONGEESS OF THE UNITED STATES MAY 17, 1786. [This treaty expired by its own limitation ten years after the exchange of ratifica- tions.] His Majesty the King of Prussia and the United States of America, desiring to fix, in a permanent and equitable manner, the Julyi August> and rules to he observed in the intercourse and commerce they Se i ,t ™ bi!r . "& desire to establish between their respective countries, His Majesty and the United States have judged that the said end cannot be better obtained than by taking the most perfect equality and reciprocity for the basis of their agreement. With this view, His Majesty the King of Prussia has nominated and ■constituted as his Plenipotentiary,' the Baron Frederick William de Thulemeier, his Privy Counsellor of Embassy, and Envoy Extraordinary with their High Mightinesses the States-General of the United Nether- lands ; and the United States have, on their part, given full powers to John Adams, Esquire, late one of their Ministers Plenipotentiary for negotiating a peace, heretofore a Delegate in Congress from the State of Massachusetts, and Chief Justice of the same, and now Minister Plenipotentiary of the United States with His Britannic Majesty; Doctor ^ Benjamin Franklin, late Minister Plenipotentiary at the Court of Ver- sailles, and another of their Ministers Plenipotentiary for negotiating a peace; and Thomas Jefferson, heretofore a Delegate in Congress from the State of Virginia, and Governor of the said State, and now Minister Plenipotentiary of the United States at the Court of His Most Christian Majesty ; which respective Plenipotentiaries, after having exchanged their full powers, and on mature deliberation, have concluded, settled, and signed the following articles : Aeticle I. There shall be a firm, inviolable, and universal peace and sincere friendship between His Majesty the King of Prussia, his heirs, succes- sors, and subjects, on the one part, and the United States of America and their citizens on the other, without exception of persons or places. Aeticle II. The subjects of His Majesty the King of Prussia may frequent all the coasts and countries of the United States of America, and reside and trade there in all sorts of produce, manufactures, and merchandize; and shall pay within the said United States no other or greater duties, 708 TREATIES AND CONVENTIONS. charges, or fees whatsoever, than the most favoured nations are or shall l»e obliged to pay : and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce which the most favoured nation does or shall enjoy ; submitting themselves nevertheless to the laws and usages there established, and to which are submitted the citi- zens of the United States, and the citizens and subjects of the most favoured nations. Article III. In like manner the citizens of the United States of America may frequent all the coasts and countries of His Majesty the s tiltfe"™ tmed 'to King of Prussia, and reside and trade there in all sorts of JJS.V" T Smort produce, manufactures, and merchandize ; and shall pay in the dominions of his said Majesty no other or greater duties, charges, or fees whatsover than the most favoured nation is or shall be obliged to pay : and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce which the most favoured nation does or shall enjoy ; submitting themselves nevertheless to the laws and usages there established, and to which are submitted the subjects of His Majesty the King of Prussia, and the subjects aud citizens of the most favoured nations. Article IV. More especially each party shall have a right to carry their own pro- Eaguhtionofcom duce, manufactures, and merchandize in their own or any ^dai intercourse. ther vessels to any parts of the dominions of the other, where it shall be lawful for all the subjects or citizens of that other , freely to purchase them; and thence to take the produce, manufactures, and merchandize of the other, which all the said citizens or subjects shall in like manner be free to sell them, paying in both cases such duties, charges, and fees only as are or shall be paid by the most favoured nation. Nevertheless, the King of Prussia and the United States, and each of them, reserve to themselves the right, where any nation restrains the transportation of merchandize to the vessels of the country of which it is the growth or manufacture, to establish against such nations retali- ating regulations; and also the right to prohibit, in their respective countries, the importation and exportation of all merchandize whatso- ever, when reasons of state shall, require it. In this case, the subjects or citizens of either of the contracting parties shall not import nor export the. merchandize prohibited by the other; but if one of the contracting parties permits any other nation to import or export the same merchan- dize, the citizens or subjects of the other shall immediately enjoy the same liberty. Article V. The merchants, commanders of vessels, or other subjects or citizens ' of either party, shall not within the ports or jurisdiction of soTcTd^toVnioad the other be forced to unload any sort of merchandize into any other vessels, nor to receive them into their own, nor to wait for their being loaded longer than they please. Arttcle VI. That the vessels of either party loading within the ports or jurisdic- „ 9i , t0 beex . tion of the othermaynot be uselessly harassed or detained, SSnofXSt it is agreed that all examinations of goods required by the ramcaiKif fraud.' ] aws g^u jj e ma cie before they are laden on board the ves- PRUSSIA, 1785. 799 sel, and that there shall be no examination after; nor shall the vessel he searched at any time, unless articles shall have been laden therein clandestinely and illegally, in which case the person by whose order they were carried on board, or who carried them without order, shall be liable to the laws of the land in which he is ; but no other person shall be molested, nor shall any other groods, nor the vessel, be seized or de- tained for that cause. Article VII. Each party shall endeavour, by all the means in their power, to pro- tect and desend [defend] all vessels and other effects belong- Each party l0 f ^ ing to the "citizens or subjects of. the other, which shall be S^orX 61 ^ within the extent of their jurisdiction, by sea or by land; '"^"to™™™. and shall use all their efforts to recover, and cause to be restored to the right owners, their vessels and effects which shall be taken from them within the extent of their said jurisdiction. Article VIII. The vessels of the subjects or citizens of either party, coming on any coast belonging to the other, but not willing to enter into port, or being entered into port, and not willing to unload th/coit,T^t£ their cargoes or break bulk, shall have liberty to depart Ziol"ho"° °o l £ and to pursue their voyage without molestation, and with- out being obliged to render account of their cargo, or to pay any. duties, charges, or fees whatsoever, except those established for vessels enter- ed into port, and appropriated to the maintenance of the port itself, or of other establishments for. the safety and convenience of navigators, which duties, charges, and fees shall be the same, and shall be paid on the same footing as in the case of subjects or citizens of the country where they are established. Article IX. When any vessel of either party shall be wrecked, foundered, or otherwise damaged oh the coasts, or within the dominion of In ca „ „f .hip- the other, their respective subjects ortitizens shall receive, XSeT'i^e^ ■ as well for themselves as for their vessels and effects, the rest ° rei same assistance which would be due to the inhabitants of the country where the damage happens, and shall pay the same charges and dues only as the said inhabitants would be subject to pay in a like case ; and if the operations of repair shall require that the whole or any part of their cargo be unladed, they shall pay no duties, charges, or fees on the part which they shall relade and carry away. The antient and barbarous right to wrecks of the sea shall be entirely abolished, with respect to the subjects or citizens of the two contracting parties. Article X. v The citizens or subjects of each party shall have power to dispose of their personal goods within the jurisdiction of the other, by • i i -i 'i • n • -in- i The citizens or sub- testament, donation, or otherwise; and their representa- kcnot each party tives, being subjects or citizens of the other party, shall ™m°7,°m- S succeed to their said personal goods, whether by testament or ab intestato, and may take possession thereof either by themselves or 710 TREATIES AND CONVENTIONS. by others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases. And in case of the absence of the representative, such care shall be taken of the said goods, and for so long a time as would be taken of the goods of a native in like case, until the lawful owner may take measures for receiving them. And if question shall arise' among several claimants to which of them the said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. And where, on the Ee 8 uiati„„ s con- death of any person holding real estate within the territories ceming the same. f ^ e one party, such real estate would by the laws of the land descend on a citizens or subject of the other, were he not disquali- fied by alienage, such subject shall be allowed a reasonable time to sell the same, and to withdraw the proce[e]ds without molestation, and exempt from all rights of detraction on the part of the Government of the re- spective States. But this article shall, not derogate in any manner from the force of the laws already published or hereafter to be published, by His Majesty the King of Prussia, to prevent the emigration of his sub- jects. Article _XI. , The most perfect freedom of conscience and of worship is granted to Liberty of con- the citizens or subjects of either party within the jurisdic- ■eience secured. y 0]1 f fljg th er) without being liable to molestation in that respect for any cause other than an insult on the religion of others. Moreover, when the subjects or citizens of the one party shall die within the jurisdiction of the other, their bodies shall be buried in the usual burying-grounds or other decent and suitable places, and shall be pro- tected from violation or disturbance. Article XII. If one of the contracting parties should be engaged in war with any Libertr for either other Power, the free intercourse and commerce of the sub- ™tion°at tr war w "i'th jects or citizens of the party remaining neuter with the bel- the other. ligerent Powers shall not be interrupted. On the contrary, in that case, as in full peace, the vessels of the neutral party may navi- Free ships make gate freely to and from the ports and on the coasts of the to goods. belligerent parties, free -vessels making free goods, inso- much that all things shall be adjudged free which shall be on board any vessel belonging to the neutral party, although such things belong to an enemy of the other ; and the same freedom shall be extended to persons who shall be on board a free vessel, although they should be enemies to the other party, unless they be soldiers in actual service of such enemy. Article XIII. And in the same case of one of the contracting parties being engaged in war with any other Power, to prevent all the difficulties contact . e ™to and misunderstandings that usually arise respecting the bTvessefc'rnTbe merchandize heretofore called contraband, such as arms, ammunition, and military stores of every kind, no such articles carried in the vessels, or by the subjects or 'citizens \of one of the parties to the enemies of the other, shall be deemed contraband, so as to induce confiscation or condemnation and a loss of property to individuals. Nevertheless, it shall be lawful to stop such vessels and PRUSSIA, 1785. 711 articles, and to detain them for such length of time as the captors may- think necessary to prevent the inconvenience or damage that might ensue from their proceeding, paying, however, a reasonable compensa- tion for the loss such arrest shall occasion to the proprietors : And it shall further be allowed to use in the service, of the captors the whole or any part of the military stores so detained, paying the owners the full value of the same, to be ascertained by the current price at the place of its destination. But in the case supposed, of a vessel stopped for articles heretofore deemed contraband, if the master of the vessel stopped will deliver out the goods supposed to be of contraband nature, he shall be admitted to do it, and the vessel shall not in that case be carried into any port, nor further detained, but shall be allowed to pro- ceed on her voyage. Article XIV. And in the same case where one of the parties is engaged in war with another Power, that the vessels of the neutral party may be TMMh u ^ far _ readily and certainly known, it is agreed that they shall be m,S e wV Ji-ieJ- provided with sea-letters or passports, which shall express the name, the property, and burthen of the vessel, as also the name and dwelling of the master ; which passports shall be made out in good and due forms, (to be settled by conventions between the parties whenever occasion shall require,) shall be renewed as often as the vessel shall return into port, and shall be exhibited whensoever required, as well in the open sea as in port. But if the said vessel be under convoy of one or more vessels of war belonging to the neutral party, the simple declaration of the officer commanding the convoy, that the said vessel belongs to the party of which he is, shall be considered as establishing the fact, and shall relieve both parties from the trouble of further examination. Article XV. And to prevent entirely all disorder and violence in such cases, it is stipulated, that when the vessels of the neutral party, sailing without convoy, shall be met by any vessel of war, public ^'.mI?^ or private, of the other party, such vessel of war shall not " riTateers approach within cannon-shot of the said neutral vessel, nor send more than two or,three men in their boat on board the same, to examine her sea-letters or passports. And all persons belonging to any vessel of war, public or private, who shall molest or injure in any manner what- ever the people, vessels, or effects of the other party, shall be responsible in their persons and property for damages and interest, sufficient se- curity for which shall be given by all commanders of private armed vessels before they are commissioned. Article XVI. It is agreed that the subjects or citizens of each of the contracting parties, their vessels and effects, shall not be liable to any Vaael3 not ,„ be embargo or detention on the part of the other, for any mili- detained - tary expedition, or other public 6v private purpose whatsoever. And in all cases of seizure, detention, or arrest for debts contracted or of- fences committed by any citizen or -subject of the one party, within the jurisdiction of the other, the same shall be made and. prosecuted by order and authority of law only, and according to the regular course of proceedings usual in such cases. 712 TREATIES AND CONVENTIONS. Article XVII. \ If any vessel or effects of the neutral Power be taken by an enemy re a <.»,) °^ ^ 6 °th er > or by a pirate, and retaken by that other, they y es . e i6 n ebSrbe"re: shall be brought into some port of one of' the parties, and delivered into the custody of the officers of that port, in order to be restored entire to the true proprietor, as soon as due proof shall be made concerning the property thereof. Article XVIII. If the citizens or subjects of either party, in danger from tempests, vessel driven by pirates, enemies, or other accident, shall take refuge with Sc c ,"i„to'ports"' B h e a5i their vessels or effects, within the harbours or jurisdiction besetted. f ^e o^er, they shall be received, protected, and treated with humanity and kindness, and shall be permitted to furnish them- selves, at reasonable prices, with all refreshments, provisions, and other things necessary for their sustenance, hea[l]th, and accommodation, and for the repair of their vessels. Article XIX. The vessels of war, public and private, of both parties, shall carry vessels ,[',., freely wheresoever they please the vessels and effects taken t Tihe c "orte r f e Lc"h from their enemies, without being obliged to pay any duties, nation. charges, or fees t6 officers of admiralty, of the customs, or any others ; nor shall such prizes be arrested, searched, or put under legal process, when they come to and enter the ports of the other party, but may freely be carried out again at any time by their captors to the places expressed in their commissions, which the commanding officer of such vessel shall be obliged to shew. But no vessel which shall have made prises on the subjects of His Most Christian Majesty the King of France shall have a right of asylum in the ports or havens of the said ■United States ; and if any such be forced therein by tempest or dangers of the sea, they shall be obliged to depart as soon as possible, according to the tenor of the treaties existing between his said Most Christian Majesty and the said United States. Article XX. Xo citizen or subject of either of the contracting parties shall take citizens or either from any Power with which the other may be at war any SrSniSio^'tot- commission or letter of marque for arming any vessel to act "state TwarwtE as a privateer agaiust the other, on pain of being punished the other. as ^ pirate ; nor shall either party hire, lend, or give any part of their naval or military force to the enemy of the other, to aid them offensively or defensively against that other. Article XXI. If the two contracting parties should be engaged in war against a common enemy, the following points shall be observed be- ob.e7Yed t in"cas°e 0° tween them : 1. If a vessel of one of the parties retaken by a privateer of the other shall not have been in possession of the enemy more than twenty-four hours, she shall be restored to the first owner for one-third of the value of the vessel and cargo ; but if she PRUSSIA, 1785. 713 shall have been more than twenty-four hours in the possession of the- enemy, she shall belong wholly to the recaptor. 2. If in the same case the recapture were by a public vessel of war of the one party, restitu- tion shall be made to the owner for one-thirtieth part of the value of the vessel and cargo, if she shall not have been in possession of the enemy more than twenty-four hours, and one-tenth of the said value where she shall have been longer ; which sums shall be distributed in* gratuities to the recaptors. 3. The restitution in the cases aforesaid shall be after due proof of property, and surety given for the part to which the recaptors are entitled. 4. The vessels of war, public and private, of the two parties, shall be reciprocally admitted with their prizes into the respective ports of each ; but the said prizes shall not be discharged nor sold there, until their legality shall have been decided, according to the laws and regulations of the States to which the captor belongs, but by the judicatures of the place into which the prize shall have been conducted. 5. It shall be free to each party to make such regulations as they shall judge necessary for the conduct of their re- spective vessels of war, public and private, relative to the vessels which they shall take and carry into the ports of the two parties. Article XXII. Where the parties shall have a common enemy, or shall both be neu- tral, the vessels of war of each shall upon all occasions convoys ■,.<;«■»»> take under their protection the vessels of the other going """■ the same course, and shall defend such vessels as long as they hold the same course against all force and violence, in the same manner as they ought to protect and defend vessels belonging to the party of which they are. Article XXIII. If war should arise between the two contracting parties, the merchants of either country then residing in the other shall be allowed r i n ,. a , eofwar , ni „e to remain nine months to collect their debts and settle their r"S™ \t ^ affairs, and may depart freely, carrying off all their effects tl,eir " m "- without molestation or hindrance. And all women and children, schol- ars of every faculty, cultivators of the earth, artizans, manufacturers, and fishermen, unarmed and inhabiting unfortified towns, villages, or places, and in general all others whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, and shall not be molested in their persons, nor shall their houses or "goods be burnt or otherwise destroyed, nor their fields wasted by the armed force of the enemy, into whose power by the events of war they may happen to fall ; but if anything Pri „ ci pie a or con- is necessary to be taken from them for the use of such armed d » ctin ^ var - force, the same shall be paid for at a reasonable price. And all mer- chant and trading vessels employed in exchanging the products of dif- ferent places, and thereby rendering the necessaries, conveniencies, and comforts of human life more easy to be obtained, and and, more general, shall be allowed to pass free and unmolested; and neither No iMiollBto of the contracting Powers shall grant or issue any commis- be^So^!™" sion to any private armed vessels, empowering them to take or destroy such trading vessels or interrupt such commerce. Article XXIV. And to prevent the destruction of prisoners of war, by sending them 714 TREATIES AND CONVENTIONS. into distant and inclement countries, or by crowding them on «ry wa° r .Su- into close and noxions places, the two contracting parties solemnly pledge themselves to each other and to the world that they will not adopt any such practice; that neither will send the prisoners whom they may take from the other into the East Indies, or any other parts of Asia or Africa, but that they shall be placed in ■ some part of their dominions in Europe or America, in wholesome situations; that they shall not be confined in dungeons, prison-ships, nor prisons, nor be put into irons, nor bound, nor otherwise restrained in the use of their limbs ; that the officers shall be enlarged on their paroles within convenient districts, and have comfortable quarters, and the commen men be disposed in cantonments open and extensive enough for air and exercise, and lodged in barracks as roomly and good as are provided by the party in whose power they are for their own troops; that the officers shall also be daily, furnished by the party in whose power they are with as many rations, and of the same articles and quality as are allowed by them, either in kind or by commutation, to officers of equal rank in their own army ; and all others shall be daily furnished by them with such ration as they allow to a common soldier in their own service ; the value whereof shall be paid by the other party on a mutual adjustment of accounts for the subsistence of prisoners at the close of the war ; and the said accounts shall not be mingled with, or set off against any others, nor the balances due on them be witheld as a satisfaction or reprisal for any other article or for any other cause, real or pretended, whatever ; that each party shall be allowed to keep a commissary of prisoners of their own appointment, with every separate cantonment of prisoners in possession of the other, which commissary shall see the prisoners as often as he pleases, shall be allowed to receive and distribute whatever comforts may be sent to them by their friends, and shall be free to make his reports in open letters to those who employ him ; but if any officer shall breack his parole, or any other prisoner shall escape from the limits of his cantonment, after they shall have been .designated to him, such individual officer or other prisoner shall forfeit so much of the benefit of this article as provides for his enlargement on parole or cantonment. And it is declared, that neither the pretence that war dissolves all treaties, nor any other whatever, shall be considered as annulling or suspending this and the next preceding article; but, on the contrary, that the state of war is precisely that for which they are provided, and during which they are to be as sacredly observed as the most acknowledged articles in the law of nature or nations. Article XXV. The two contracting parties grant to each other the liberty of having, each in the ports of ' the other, Consuls, Vice-Oousuls, be^U'we'd tn'the Agents, and Commissaries of their own appointment, whose functions shall be regulated by particular agreement when- ever either party shall chuse to make such appointment ; but if any such Consuls shall exercise commerce, they shall be submitted to the same laws and usages to which the private individuals of their nation are sub- mitted in the same place. Article XXVI. If either party shall hereafter grant to any other nation, any particular ah lav,™ ranted f avour m navigation or commerce, it shall immediately be- to anotw'nation by come common to the other party, freely, where it is freely cZ/commoTto the granted to such other nation, or on yielding the compensa- tion, where such nation does the same. PRUSSIA, 1799. 715 ARTICLE XXVII. His Majesty the King' of Prussia and the United States of America agree that this treaty shall be in force during the term of Duration or «.e ten years from the exchange of ratifications; and if the ex- trealy piration of that term should happen during the course of a war between them, then the articles before provided for the regulation of their conduct during such a, war, shall continue in force until the conclusion of the treaty which shall re-establish peace ; and that this treaty shall be rati- fied on both sides, and the ratifications exchanged within one year from the day of its signature. In testimony whereof the Plenipotentiaries before mentioned, have hereto subscribed their names and affixed their seals, at the places of their respective residence, and at the dates expressed under their sev- eral signatures. B. FEANKLES". [l. s.] Passy, July 9, 1785. TH: JEFFEBSON. [l. g.] Paris, July 28, 1785. JOHN ADAMS. " [L. s.] London, August 5, 1785. F. G. DE THULEMEIEB. [l. S.J A la Haye le 10 Septembre, 1785. PEUSSIA, 1799. TREATY OF AMITY AND COMMERCE BETWEEN HIS MAJESTY THE KING OF PRUSSIA AND THE UNITED STATES OF AMERICA. CONCLUDED JULY 11, 1799; RATIFICATIONS EXCHANGED AT BERLIN JUNE 22, 1800 ; PROCLAIMED NOVEMBER 4, 1800. [This treaty expired, by the limitation in Article XXVII, ten years after exchange of ratifications.] His Majesty the King of Prussia and the United States of America, desiring to maintain upon a stable and permanent footing the connec- tions of good understanding which have hitherto so happily subsisted between their respective States, and for this purpose to renew the treaty of amity and commerce concluded between the two Powers at the Hague the 10th of September, 1785, for the term of ten years, His Prussian Majesty has nominated and constituted as his Plenipotentiaries the Count Charles William de Finkenstein, his Minister of State, of War, and of the Cabinet, Knight of the Orders of the Black Eagle and of the Bed Eagle, and Commander of that of St. John of Jerusalem, the Baron Philip Charles d'Alvensleben, his Minister of State, of War, and of the Cabinet, Knight of the Orders of the Black Eagle and of the Bed Eagle, and of that of St. John of Jerusalem, and the Count Christian Henry Curt de Haugwitz, his Minister of State, of War, and of the Cabinet, Knight of the Orders of the Black Eagle and of the Bed Eagle; and the President of the United States has furnished with their full powers John Quincy Adams, a citizen of the United States, and their Minister Plenipotentiary at the Court of His Prussian Majesty; which Plenipotentiaries, after having exchanged their full powers, found 716 TREATIES AND CONVENTIONS. in good and due form, have concluded, settled, and signed the following articles: Article I. There shall be in future, as there has been hitherto, a firm, inviolable, p ea ce rod mend- and universal peace and a sincere friendship between His ship established. Majesty the King of Prussia, his heirs, successors, and sub- jects, on the one part, and the United States of America and their citi zens on the other, without exception of persons or places. Article II. The subjects of His Majesty the King of Prussia may frequent all the priviie 8 f p r s coas t s an d countries of the United States of America, and S ian r ' 8 v oSs°tmdi 1 rfs reside and trade there in all sorts of produce, manufactures, to the United States. , - -. . - , -.. - A '_ 7 and merchandize, and shall pay there no other or greater duties, charges, or fees whatsoever than the most favoured nations 1 are or shall be obliged to pay. They shall also enjoy in navigation and commerce all the rights, privileges, and exemptions which the most favoured nation does or shall enjoy, submitting themselves, nevertheless, to the established laws and usages to which are submitted the citizens of the United States and the most favoured nations. , Article III. In 'like manner, the citizens of the United States of America may commercial privi- frequent all the coasts and countries of His Majesty the lege "- King of Prussia, and reside and trade there in all sorts of produce, manufactures, and merchandize, and shall pay, in the dominions of his said Majesty, no other or greater duties, charges, or fees what- soever than the most favoured nation is or shall be obliged to pay; and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce which the most favoured nation does or shall enjoy, sub- mitting themselves, nevertheless, to the established laws and usages to which are submitted the subjects of His Majesty the King of Prussia and the subjects and citizens of the most favoured nations. Article IV. More especially, each party shall have a right to carry their own pro- duce, manufactures, and merchandize, in their own or any other vessels, to any parts of the dominions of the other, where it. shall be lawful for all the subjects and citizens of that other freely to purchase them, and thence to take the produce, manufactures, and merchandize of the other, which all the said citizens or subjects shall in like manner be free to sell to them, paying in both cases such duties, charges, and fees only, as are or shall be paid by the most favoured nation. Nevertheless, His Majesty the King of Prussia and the United States respectively reserve to themselves the right, where any nation restrains the transportation of merchandize to the vessells of the country of which it is the growth or manufacture, to establish against such nation retaliating regulations ; and also the right to prohibit in their respective countries the importa- tion and exportation of all merchandize whatsoever, when reasons of state shall require it; In this case the subjects or citizens of either of the contracting parties shall not import or export the merchandize pro- hibited by the other 4 . But if one of the contracting parties permits any PRUSSIA, 1*99. 717 other nation to import or export the same merchandize, the citizens or subjects of the other shall immediately enjoy the same liberty. Article V. The merchants, commanders of vessels, or other subjects or citizens of either party, shall not, within the ports or jurisdiction of the other, be forced to unload any, sort of merchandize into any Other vessels, nor to receive them into their own, nor to wait for their being loaded longer than they please. Article VI. That the vessels of either party, loading within the ports or jurisdic- tion of the other, may not be uselessly harassed, or detained, it is agreed, that all examinations of goods, required by the laws, shall be made before they are laden on board the vessel, and that there shall be no examination after; nor shall the vessel be searched at any time, unless articles shall have been laden therein clandestinely and illegally, in which case the person by whose order they were carried on board, or who carried them without order, shall be liable to the laws of the land in which he is, but no other person shall be molested, nor shall any other goods, nor the vessel, be seized or detained for that cause. Article VII. Each party shall endeavour by all the means in their power to protect and defend all vessels and other effects, belonging to the citizens or subjects of the other, which shall be within the -w'SSS: extent of their jurisdiction by sea or by land; and shall use all their efforts to recover and cause to be restored to the right owners their vessels and effects, which shall be taken from them within the extent of their said jurisdiction. Article VIII. The vessels of the subjects or citizens of either party, coming on any coast belonging to the other, but not willing to enter into Ve „ e] , coming „„ port, or who entering into port are not willing to unload f° T£Z°i*ul e their cargoes or break bulk, shall have liberty to depart ing t0 bre!lk bulk - and to pursue their voyage without molestation, and without being obliged to render account of their cargo, or to pay any duties, charges, or fees whatsoever, except those established for vessels entered into port, and appropriated to the maintenance of the port itself, or of other estab- lishments for the safety and convenience of navigators, which duties, charges, and fees shall be the same, and shall be paid on the same foot- ing, as in the case of subjects or citizens of the country where they are established. Article IX. When any vessel of either party shall be wrecked, foundered, or otherwise damaged, on the coasts or within the dominions of the other, their respective citizens or subjects shall re- ceive, as well for themselves as for their vessels and effects, the same assistance which would be due to the inhabitants of the country where the damage happens, and shall pay the same charges and dues only as the said inhabitants would be subject to pay in a like case ; and if the 718 V TREATIES AND CONVENTIONS. operations of repair shall require that the whole or^any part of the cargo be unladed, they shall pay no duties, charges, or fees on the part which they shall relade and carry away. The ancient and barbarous right to wrecks of the sea shall be entirely abolished with respect to the subjects or citizens of the two contracting parties. Article X. The citizens or subjects of each party shall have power to dispose of Aileron of per- their personal goods within the jurisdiction of the other, by sormi estate. testament, donation, or otherwise, and their representatives, being subjects or citizens of the other party, shall succeed, to their said personal goods, whether by testament or ab intestato, and may take, possession thereof, either by themselves or by others acting for them, and dispose of the same at their will, paying such dues only as the in- habitants of the country wherein the said goods are shall be subject to pay in like cases. And in case of the absence of the representative, - such care. shall be taken of the said goods as would be taken of the goods of a native in like case, untill the lawfull owner may take measures for receiving them. And if question should arise among several claim- ants to which of them the said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. Real estate witwn And where, on the death of any person, holding real estate, partyw'hMnjMtto within the territories of the one party, such real estate 3U t>jeet» or me other, woui,^ by the laws of the land, descend on a citizen or sub- ject of the other, were he not disqualified by alienage, such subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds, without molestation, and exempt from all rights of detrac- tion on the part of the Government of the respective States. But this article shall not derogate in any manner from the force of the laws al- ready published or hereafter to be published by his Majesty the King of Prussia, to prevent the emigration of his subjects. Article XI. The most. perfect freedom of conscience and of worship is granted Freedom of con- to the citizens qv subjects of either party within the juris- .cience, worship, 4,c. «ji c tion of the other, and no person shall be molested in that respect for any cause other than an insult on the religion of others. Moreover, when the subjects or citizens of the one party shall die with- in the jurisdiction of the other, their bodies shall be buried in the usual burying-grounds, or other decent and suitable places, and shall be pro- tected from violation or disturbance. Article XII. Experience having proved, that the principle adopted in the twelfth article of the treaty of 1785, according to which free ships prSSKftaesiS make free goods, has not been sufficiently respected during making free goods. ^ ^ j^ ^^ ^ especia]ly in fl^ which gflfl c(m tin- ues, the two contracting parties propose, after the return of a general peace, to agree, either separately between themselves or jointly with other Powers alike interested, to concert with the great maritime Powers of Europe such arrangements and such permanent principles as may serve to consolidate the liberty and the safety of the neutral navigation and commerce in future wars. And if in the interval either of the con- PRUSSIA, 1799. 719 tracting parties should be engaged in a war to which the other should remain neutral, the ships of war and privateers of the belligerent Power shall conduct themselves towards the merchant vessels of the neutral Power as favourably as the course of the war then existing may permit, observing the principles and rules of the law of natibns generally ac- knowledged. Article XIII. And in the same case of one of the contracting parties being engaged in war with any other Power, to prevent all the difficulties -.. i i -i • jij_ it • i • Of contraband. and misunderstandings that usually arise respecting mer- chandize of contraband, such as arms, ammunition, and military stores of every kind, no such articles carried in the vessels, or by the subjects or citizens of either party, to the enemies of the other, shall be deemed contraband, so as to induce cpnfiscation or condemnation and a loss of property to individuals. Nevertheless, it shall be lawful to stop such vessels and articles, and to detain them for such length of time as the captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding, paying, however, a reasonable compensation for the- loss such arrest shall occasion to the proprietors; and it shall further be allowed to use in the service of the captors the whole or any part of the military stores so detained, paying the owners the full value of the same, to be ascertained by the current price at the place of its destination. But in the case supposed of a vessel stopped for articles of contraband, if the master of the vessel stopped will deliver out the goods supposed to be of contraband nature, he shall be admitted to do it, and the vessel shall not in that case be carried into any port, nor further detained, but shall be allowed to proceed on her voyage. All cannons, mortars, fire-arms, pistols, bombs, grenades, bullets, balls, muskets, flints, matches, powder, saltpetre, sulphur, cuirasses, pikes, swords, belts, cartouch boxes, saddles and bridles, beyond the quantity necessary for the use of the ship, or beyond that which every man serving on board the vessel, or passenger, ought to have; and in general whatever is comprized under the denomination of arms and military stores, of what description soever, shall be deemed objects of contraband. Article XIV. To ensure to the vessels of the two contracting parties the advantage of being readily and certainly known in time of war, it is agreed that they shall be provided with the sea-letters and carr°ed"Sr e !S.e£ ™ documents hereafter specified : 1. A passport, expressing the name, the property, and the burthen of the vessel, as also the name and dwelling of the master, which passport shall be made out in good and due form, shall be renewed as often as the vessel shall return into port, and shall be exhibited whensoever required, as well in the open sea as in port. But if the vessel be under convoy of one or more vessels of war, belonging to the neutral party, the simple declaration of the officer commanding the convoy, that the said vessel belongs to the party of which he is, shall be considered as establishing the fact, and shall relieve both parties from the trouble of further examination. 2. A charter-party, that is to say, the contract passed for the. freight of the whole vessel, or the bills of lading given for the cargo in detail. 3. The list of the ship's company, containing an indication by name and in detail of the persons composing the crew of the vessel. These 720 TREATIES AND CONVENTIONS. documents shall always be authenticated according to the forms estab- lished at the place from which the vessel shall have sailed. As their production ought to be exacted only when one of the con- tracting parties shall be at war, and as their exhibition ought to have no other object than to prove the neutrality of the vessel, its cargo, and company, they shall not be deemed absolutely necessary on board such vessels belonging to the ^neutral party as shall have sailed from its ports before or within three months after the Government shall have been informed of the state of war in which the belligerent party shall be engaged. In the interval, in default of these specific documents, the neutrality of the vessel may be established by such other evidence as the tribunals authorised to judge of the case may deem sufficient. J Article XV. And to prevent entirely all disorder and violence in such cases, it js stipulated that, when the vessels of the neutral party, sail- veSs" 6 no°' u™'™ jug without convoy, shall be met by any vessel of* war, pub- convoy. -^ Qr ^y^fa f {jjg th er party, such vessel of war shall not send more than two or three men in their boat on board the said neutral vessel to examine her passports and documents. And all per- sons belonging to any vessel of war, public or private, who shall molest or insult in any manner whatever, the people, vessels, or effects of the other party, shall be responsible in their persons and property for dam- ages and interest, sufficient security for which shall be given by all commanders of private armed vessels before they are commissioned. Article XVI. In times of war, or in cases of urgent necessity, when either of the contracting parties shall be obliged to lay a general embargo, " te ' either in all its ports, or in certain particular places, the, vessels of the other party shall be subject to this measure, upon the same footing as those of the most favoured nations, but without having the right to claim the exemption in their favour stipulated in the six- teenth article of the former treaty of 1785. But on the other hand, the proprietors of the vessels which shall have been detained, whether for some military expedition, or for wha.t other use soever, shall obtain from the Government that shall have employed them an equitable indemnity, stupes, deter,- as well for the freight as for the loss occasioned by the be°SiQ < e a i™" 9 ue delay. And furthermore, in all cases of seizure, detention,. c <. ur ,e onaw only. or arr est, for debts contracted or offences committed by any citizen or subject of the one party within the jurisdiction of the other, the same shall be made and prosecuted by order and authority of law only, and according to the regular course of proceedings usual in such cases. ■ i Article XVII. If any vessel or effects of the neutral Power be taken by an enemy of the other, or by a pirate, and retaken by the Power at war, v*?™°inZ e "nhe they shall be restored to the first proprietor, upon the condi- P„wer 8 is neu.rd. tJoug hereaf ter stipulated in the twenty-first article for cases of recapture. Article XVIII. If the citizens or subjects of either party, in danger from tempests, PRUSSIA, 1799. 721 pirates, enemies, or other accidents, shall take refuge, with ](m their vessels or effects, within the harbours or jurisdiction of the other, they shall be received, protected, and treated with humanity and kindness, and shall be permitted to furnish themselves, at reason- able prices, with all refreshments, provisions, and other things necessary for their sustenance, health, and accom[m]odation, and for the repair of their vessels. Article XIX. The vessels of war, public and private, of both parties, shall carry freely, wheresoever they please, the vessels and effects taken from their enemies, without being obliged to pay any duties, charges, or fees to officers of admiralty, of the customs, or any others ; nor shail such prizes be arrested, searched, or put under legal process, when they come to and enter the ports of the other party, but may freely be carried out again at any time by their captors to the places expressed in their commissions, which the commanding officer of such vessel shall be obliged to shew. But, conformably to the treaties existing between the United States and Great Britain, no vessel that shall, have made a prize upon British subjects shall have a right to shelter in the ports of the United States, but if forced therein by tempests, or any other danger or accident of the sea, they shall be obliged to depart as soon as possible. Article XX. No citizen or subject of either of the contracting parties shall take from any Power with which the other may be at war any . . , ,. f, p . , . The subjects of one commission or letter of marque, for arming any vessel to pa* .mi not take ■ • . • i * , \ n \ letters ol marque act as a privateer against the other, on pain of being pun- rmm the enemy »< ished as a pirate; nor shall either party hire, lend, or give any part of its naval or military force to the enemy of the other, to aid them offensively or defensively against the other. Article XXL If the two contracting parties should be engaged in a war against a com- mon enemy, the following points shall be observed between j-i „ T . 1 . Rules applicable ullcDJ I to t lie prosecution of i war. 1. If a vessel of one of the parties, taken by the enemy, a shall, before being carried into a neutral or enemy's port, be retaken by a ship of war or privateer of the other, it shall, with the cargo, be re- stored to the first owners, for a compensation of one-eighth part of the value of the said vessel and cargo, if the recapture be made by a public ship of war, and one-sixth part, if made by a privateer. 2. The restitution in such cases shall be after due proof of property, and surety given for the part to which the recaptors are entitled. 3. The vessels of war, public and private, of the two parties, shall re- ciprocally be admitted with their prizes into the respective ports of each, but the said prizes shall not be discharged or sold there, until their legality shall have been decided according to the laws and regula- tions of the State to which the captor belongs, but by the judicatories of the place into which the prize shall have been conducted. 4. It shall be free to each party to make such regulations as they shall judge necessary, for the conduct of their respective vessels of war, public and private, relative to the vessels, which they shall take, and carry into the ports of the two parties. 722 TREATIES AND CONVENTIONS. Article XXII. "When the contracting parties shall have a common enemy, or shall •n* ship, or war „r both be neutral, the vessels of war of each shall upon all Sft p th?v™"i, pr °f occasions take under their protection the vessels of the other thootber going the same course, and shall defend such vessels as long as they hold the same course, against all force and violence, in the same manner as they ought to protect and defend vessels belonging to the party of which they are. Article XXIII. If war should arise between the two contracting parties, the merchants Reflations for of either country then residing in the other shall be allowed S? ( ™ bltwM^th'e to remain nine months to collect their debts and settle their twopanieB. affairs, and may depart freely, carrying off all their effects without molestation or hindrance ; and all women and children, scholars of every faculty, cultivators of the earth, artisans, manufacturers, and fishermen, unarmed and inhabiting unfortified towns, villages, or places, and in general all others whose occupations are for the common sub- sistence and benefit of mankind, shall be allowed to continue their re- spective employments, and shall not be molested in their persons, nor shall their houses or goods be burnt or otherwise destroyed, nor their fields wasted by the armed force of the enemy, into whose power by the events of war they may happen to fall ; but if anything is neces- sary to be taken from them for the use of such armed force, the same shall be paid for at a reasonable price. Article XXIV. And to prevent the destruction of prisoners of war, by sending them into distant and inclement countries, or by crowding them into close and noxious places, the two contracting parties solemnly pledge them- selves to the world and to each other that they will not adopt any such practice; that neither will send the prisoners whom they may take from the other into the East Indies or any other parts of Asia or Africa, but that they shall be placed in some parts of their dominions in Europe or America, in wholesome situations ; that they shall not be confined in dungeons, prison-ships, nor prisons, nor be put into irons, nor bound, nor otherwise restrained in the use of their limbs ; that the officers shall be enlarged on their paroles within convenient districts, and have com- fortable quarters, and the common men be disposed in cantonments open and extensive enough for air and exercise, and lodged in barracks as roonily and good as are provided by the party in whose power they are for their own troops; that the officers shall also be daily furnished by the party in whose power they are with as many rations, and of the same articles and quality as are allowed by them, either in kind or by commutation, to officers of equal rank in their own army ; and all others shall be daily furnished by them with such ration as they shall allow to a common soldier in their own service ; the value whereof shall be paid by the other party on a mutual adjustment of accounts for the subsist- ence of pris6ners at the close of the war ; and the said accounts shall not be mingled with or set off against any others, nor the balances due on them be withheld as a satisfaction or reprizal for any other article or for any other cause, real or pretended, whatever. That each party shall be allowed to keep a commissary of prisoners of their own appoint- PRUSSIA, 1799. 723 ment, with every separate cantonment of prisoners in possession of the other, which commissary shall see the prisoners as often as he pleases, shall be allowed to receive and distribute whatever comforts may be sent to them by their friends, and shall be free to make his reports in open letters to those who employ him ; but if any officer shall break his parole, or any other prisoner shall escape from the limits of his can- tonment after they shall have been designated to him, such individual officer or other prisoner shall forfeit so much of the benefit of this article as provides for his enlargement on parole or cantonment. And it is declared, that neither the pretence that war dissolves all treaties, nor any other whatever, shall be considered as annulling or suspending this and the next preceding article ; but, on the contrary, that the state of war is precisely that for which £hey are provided, and during which they are to be as sacredly observed as the most acknowledged articles in the law of nature and nations. Article XXV. The two contracting parties have granted to each other the liberty of having each in the ports of the other Consuls, Vice-Consuls, CoMUlB; 4Cii ,,_ Agents, and Commissaries of their own appointment, who [Zf^,' ^ til shall enjoy the same privileges and powers as those of the tw °"" tieB - most favoured nations; but if any such Consuls shall exercise com- merce, they shall be submitted to the same laws and usages to which the private individuals of their nation are submitted in the same place. Article XXVI. If either party shall hereafter grant to any other nation any particular favour in navigation or commerce, it shall immediately become common to the other party, freely, where it is freely ca2£™£?Z£& granted to such other nation, or on yielding the same com- e ' ltDtl " ,, " ,rtie9 - pensation, when the grant is conditional. Article XXVII. His Majesty the King of Prussia and the United States of America agree that this treaty shall be in force during the term of Limitiltion of the ten years from the exchange of "the ratifications; and if the treaW - expiration of that term should happen during the course of a war between them, then the articles before provided for the regulation of their conduct during such a war shall continue in force until the conclusion of the treaty which shall restore peace. This treaty shall be ratified on both sides, and the ratifications exchanged within one year from the day of its signature, or sooner if possible. In testimony whereof, the Plenipotentiaries before mentioned have hereto subscribed their names and affixed their seals. Done at Berlin, the eleventh of July, in the year one thousand seven hundred and ninetv-nine. JOHN QUINCT ADAMS. CHAELES WILLIAM COMTE DE FINKENSTEIK PHILIPPE CHAELES DALVENSLEVEN. CHEETIEN HENEI CUECE COMTE DE HAUGWIZ. L. s." L. s. L. s.' L. s.' 724 TREATIES AND CONVENTIONS. PEUSSIA, 1828. TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF PRUSSIA. CONCLUDED MAY 1,1828; RATIFICATIONS EXCHANGED MARCH 14, 1829; PROCLAIMED MARCH 14, 1829. The United States of America and His Majesty the King of Prussia, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective States, of extending, also, and consolidating the commercial intercourse between them, and convinced that this object cannot better be accomplished than by adopting the system of an entire freedom of navigation, and a perfect reciprocity, based upon principles of equity equally beneficial to both countries, and applicable in time of peace as well as in time of war, have, in consequence, agreed to enter into negotiations for the conclusion of a treaty of navigation and commerce; for which purpose the President of the United States has -conferred full powers on Henry Clay, their Secretary of State; and His Majesty the King of Prussia has conferred like powers on the Sieur Lud- wig Niederstetter, Charg6 d' Affaires of His said Majesty near the United States; and the said Plenipotentiaries, having exchanged their said full powers, found in good and due form, have concluded and signed the fol- lowing articles: Article I. There shall be between the territories of the high contracting parties Reciprocal iibertj a reciprocal liberty of commerce and navigation. The in- of cowmen*. habitants of their . respective States shall mutually have liberty to enter the ports, places, and rivers of the territories of each party, wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories, in order to attend to their affairs ; and they shall enjoy, to that effect, the same security and protection as natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there pre- vailing. Article II. Prussian vessels arriving either laden or in ballast in the ports of the United States of America, and, reciprocally, vessels of the ^tb^S Escijro^ United TStates arriving either laden or in ballast in the ,w ' ports of the Kingdom of Prussia, shall be treated, on their entrance, during their stay, and at their departure, upon the same foot- ing as national vessels coming from the same place, with respect to the duties of tonnage, lighthouses, pilotage, salvage, and port charges, as well as to the fees and perquisites of public officers, and all other duties and charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishment whatsoever. Article III. All kind of merchandise and articles of commerce, either the produce irt.de. or com- of the soil or the industry of the United States of America, Z£° <&?"£?■ or of anv otner country, which may be lawfully imported . t -i, rfeiu»r n»t,o„. j nto ^g p 0r ts of the Kingdom of Prussia, in Prussian ves- PRUSSIA, 1828. 725 sels, may also be so imported in vessels of the United States of America, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if the same merchandise or produce had been imported in Prussian ves : sels. And, reciprocally, all kind of merchandise and articles of com- merce, either the produce of the soil or of the industry of the Kingdom of Prussia, or of any other country, which may be lawfully imported into the ports of the United States in vessels of the said States, may also be so imported in Prussian Vessels, without paying other or higher, duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private estab- lishments whatsoever, than if the same merchandise or produce had been imported in vessels of the United States of America. Article IV. To prevent the possibility of any misunderstanding, it is hereby de- clared that the stipulations contained in the two preceding The articles are to their full extent applicable to Prussian ves- wn^rirThcT'e't- sels and their cargoes arriving in the ports of the United States of America, and, reciprocally, to vessels of the said States and their cargoes, arriving in the ports of the Kingdom of Prussia, whether the said vessels clear directly from the ports of the country to which they respectively belong, or from the ports of any other foreign country. Article V. No higher or other duties shall be imposed on the importation into the United States of any article the produce or manufac- ^ tare of Prussia, and no higher or other duties shall be tiM™«te"tie e i»lM imposed on the importation info the Kingdom of Prussia of avo " e • any article the produce or manufacture of the United States, than are or shall be payable on the like article being the produce or manufac- ture of any other foreign country. Nor shall any prohibition be imposed ' on the importation or exportation of any article the produce or manu- facture of the United States, or of Prussia, to or from the ports of the United States, or to or from the ports of Prussia, which shall not equally extend to all other nations. Article VI. All kind of merchandise and articles of commerce, either the produce of the soil or of the industry of the United States of America, Ve3Bela of the „„. or of any other country, which may be lawfully exported rSgVAo^S: from the ports of the said United States in national vessels, tM '°° 3 - may also be exported therefrom in Prussian vessels without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authori- ties, or of any private establishments whatsoever, than if the same mer- chandise or produce had been exported in vessels of the United States of America. An exact reciprocity shall be observed in the ports of the Kingdom of Prussia, sothat all kind of merchandise and articles of commerce, either the produce of the soil or the industry of the said Kingdom, or of any other country, which raav be lawfullv exported from Prussian ports 726 TREATIES AND CONVENTIONS. in national vessels, may also be exported therefrom in vessels of the United States of America, without paying other or higher duties or charges of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if the same merchandise or produce had been exported in Prussian vessels. Article VII. The preceding articles are not. applicable to the coastwise navigation co a »twi« e naviga- of the two countries, which is respectively reserved by uon excepted. each of the high contracting parties exclusively to itself. Article VIII. No priority or preference shall be given, directly or indirectly, by either of the contracting parties, nor by any company, cor- give°'Li™ pSS-nce poration, or agent, acting on their behalf- or under their to goods on account , , . , . , ■» -i /> j_ • i _/? i oftheimportinsbot- authority, in the purchase of any article ot commerce, law- fully imported, on account of or in reference to the charac- ter of the vessel, whether it be of the one party or of the other, in which such article was imported ; it being the true intent and meaning of the contracting parties that no distinction or difference whatever shall be made in this respect. Article IX. If either party shall hereafter grant to any other nation any par- prrwective pro- ticular favor in navigation or commerce, it shall immedi- rng i themo St m &v t ore , J ately become common to the other party, freely, where it rootir* j s f ree iy granted to such other nation, or on yielding the same compensation, when the grant is conditional. Article X. The two contracting parties have granted to each other the liberty of having^each in the ports of the other, Consuls, Vice-Consuls, Agents, and Commissaries of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nations. But if any such Consul shall exercise commerce, they shall be submitted to the same laws and usages to, which the private individuals of their nation are submitted, in the same place. The Consuls, Vice-Consuls, and Commercial Agents shall have the' jurisdiction or con- right, as such,- to sit as judges and arbitrators in such dif- 8ui», &c. ferences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the con- duct of the crews or of the captain should disturb the order or tran- quillity of the country, or the said Consuls, Vice-Consuls, or Commercial Agents should require their assistance to cause their decisions to be carried into effect or supported. It is, however, understood, that this species of judgment or arbitration shall not deprive the contending par- ties of the right they have to resort, on their return, to the judicial authority of their country. Article XL The said Consuls, Vice-Consuls, and Commercial Agents are author- PRUSSIA, 1828. 727 ised to require the assistance of tbe local authorities, for the search, arrest, and imprisonment of the deserters from 2^fj t s h 3|£'f the ships of war and merchant vessels of their country. For" this purpose they shall apply to the competent, tribunals, judges, and officers, and shall in writing demand said deserters, proving, by the exhibition of the registers of the vessels, the rolls of the crews, or by other, official documents, that such individuals formed part of the ■crews ; and, on this reclamation being thus substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, Vice-Gonsuls, or Commercial Agents, and may be confined in the public prisons, at the request and cost of those who shall claim them, in order to be sent to the vessels to which they belonged, or to others of the same country. But if not sent back within three months from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. However, if the deserter should be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which his case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. Article XII. The twelfth article of the treaty of amity and commerce, concluded between the parties in 1785, and the articles from the thir- Um] . teenth to the twenty-fourth, inclusive, of that which was ^jS'SS^S- concluded at Berlin in 1799, with the exception of the last paragraph in the nineteenth article, relating to treaties with Great Britain, are hereby revived with the same force and virtue as if they made part of the context of the present treaty, it being, however, understood that the stipulations contained in the articles thus revived shall be always considered as in no manner affecting the treaties or conventions concluded by either party with other Powers, during the interval between the expiration of the said treaty of 1799, and the •commencement of the operation of the present treaty. The parties being still desirous, in conformity with their intention •declared in the twelfth article of the said treaty of 1799, to Secui . ity of „ eu . •establish between themselves, or in concert with other mari- ESl'S™ time Powers, further provisions to ensure just protection and ueaty - freedom to neutral navigation and commerce, and which may, at the same time, advance the cause of civilization and humanity, engage again to treat on this subject at some future and convenient period. Article XIII. Considering the remoteness of the respective countries of the two high contracting parties, and the uncertainty resulting therefrom, Ve „ eI » enter ,„ e with respect to the various events which may take place, it bl °"^ dBd ■"""■ is agreed that a merchant vessel belonging to either of them, which may be bound to a port supposed at the time of its departure to be block- aded, shall not, however, be captured or condemned for having attempted a first time to enter said port, unless it can be proved that said vessel could and ought to have learnt, during its voyage, that the blockade of the place in question still continued. But all vessels which, after hav- ing been warned off once shall, during the same voyage, attempt a sec- ond time to enter the same blockaded port, during the continuance of the said blockade, shall then subject themselves to be detained and con- demned. 728 TREATIES AND CONVENTIONS, Article XIV. The citizens or subjects of each party shall have power to dispose of their personal goods within the jurisdiction of the other, by peT 8 r o™'"r n *peTty S testament, donation, or otherwise; and their representatives, being citizens or subjects of the other party, shall succeed to their said personal goods, -whether by testament or ab intestato, and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases. And in case of the absence of the repre- sentative, such care shall be taken of the said goods as would be taken of the goods of a native, in like case, until the lawful owner may take measures for receiving them. And if question should arise among sev- eral claimants to which of them said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. And where, on the death of any person holding real estate within the territories of the one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds without molestation and exempt from all duties of detraction, on the part of the Government of the respective States. But this article shall not dero- gate in any manner from the force of the laws already published, or lereafter to be published by His Majesty the King of Prussia, to pre- vent the emigration of his subjects. Article XV. The present treaty shall continue in force for twelve years, counting from the day of the exchange of the ratifications ; and if lreaty ' twelve months. before the expiration of that period, neither of the high contracting parties shall have announced, by an official noti- fication to the other, its intention to arrest the operation of said treaty, it shall remain binding for one year beyond that time, and so on until the expiration of the twelve months, which will follow a similar notifi- cation, whatever the time at which it may take place. Article XVI. This treaty shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Prussia, and the ratifi- cations shall be exchanged in the city of Washington, within nine months from the date of the signature hereof, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the above articles, both in the French and English languages, and they have thereto affixed their seals; declaring, nevertheless, that the signing in both languages shall not be brought into precedent, nor in any way operate to the prejudice of either party. Done in triplicate at the city of Washington on the first day of May, in the year of our Lord one thousand eight hundred and twenty- eight, and the fifty-second of the Independence of the United States of America. H. CLAY. LUDWIG NIEDERSTETTER. L. s. L. S. PRUSSIA AND OTHER STATES, 1852. 729 PRUSSIA AND OTHER STATES, 1852. CONVENTION WITH PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION, FOR THE MUTUAL DELIVERY OF CRIMINALS FUGI- TIVES FROM JUSTICE IN CERTAIN CASES. CONCLUDED JUNE 16,1852; RATIFICATIONS EXCHANGED MAY 30, 1853 ; PROCLAIMED JUNE 1, 1853. Whereas it is found expedient, for the better administration of justice and the prevention of crime within the territories and juris- Pre ,mbte diction of'the parties respectively, that pensons committing certain heinous crimes, being fugitives from justice, should, under cer- tain circumstances, 'be reciprocally delivered up, and also to enumerate such crimes explicitly; and whereas the laws and constitution of Prussia, and of the other German States, parties to this convention, forbid them to surrender their own citizens to a foreign jurisdiction, the Government of the United States, with a view of making the convention strictly re- ciprocal, shall be held equally free from any obligation to surrender citizens of the United States : Therefore, on the one part, the United States of America, and, on the other part, His Majesty the King of Prussia, in his own name, as well as in the name of His Majesty the King of Saxony, His Eoyal Highness the Elector of Hesse, His Eoyal Highness the Grand Duke of Hesse and on Ehine, His Eoyal Highness the Grand Duke of Saxe- Weimar-Eisenach, His High- ness the Duke of Saxe-Meiningen, His Highness the Duke of Saxe-Alten- burg, His Highness the Duke of Saxe-Coburg-Gotha, His Highness the Duke of Brunswick, His nigtmess the Duke of Anhalt-Dessau, His Highness the Duke of Anhalt-Bernburg, His Highness the Duke of Nassau, His Serene Highness the Prince Schwarzburg-Eudolstadt, His Serene Highness the Prince of Schwarzburg-Sondershausen, Her Serene Highness the Princess andEegent of Waldeck, His Serene High- ness the Prince of Eeuss, elder branch, His Serene Highness the Prince of Eeuss, junior branch, His Serene Highness the Prince of Lippe, His Serene Highness the Landgrave of Hesse-Homburg, as well as the free city of Francfort, having resolved to treat on this subject, have for that purpose appointed their respective Plenipotentiaries to negotiate and conclude a convention, that is to say : The President of the United States of America, Daniel Webster, Secretary of State, and His Majesty the King of Prussia in NesotiatoM . his own name, as well as in the name of the other German Sovereigns above enumerated, and the free city of Francfort, Frederic Charles Joseph von Gerolt, his said Majesty's Minister Eesident near the Government of the United States ; Who, after reciprocal communication of their respective powers, have agreed to and signed the following articles: Article I. It is agreed that the United States and Prussia, and the other States of the Germanic Confederation included in or which may Per „ n9 charmi hereafter accede to this convention, shall, upon mutual re- 7 %V™\7aii c ™ quisitions by them or their ministers, officers, or authorities, rendere<1 - respectivelv made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged pa- pers, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys committed with- 730 TREATIES AND CONVENTIONS. ill the jurisdiction of either party, shall seek an asylum, or shall be found proceeding, before within the territories of the other : Pro vided. That this shall surrender. on ]y De done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there beeu committed; and the respective judges and other magistrates of the two Governments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates respect- ively, to the end that the evidence of criminality may be heard and con- sidered ; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magis- trate to certify the same to the proper executive authority, that a war- rant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. Article II. The stipulations of this convention shall be applied to any other State other states ma? of the Germanic Confederation which may hereafter declare accede hereto. -Jjg aCCeSS j 0n thereto. Article III. None of the contracting parties shall be bound to deliver render itfown "!u- up its own citizens or subjects under the stipulations' of this convention. Article IV. Whenever any person accused of any of the crimes enumerated in this convention shall have committed a new crime in the jr.ade"t u iirtiie er provi e territories of the State where he has sought an asylum, or "m d"mandeS e 1! as shall be found, such person shall not be delivered up under uTstnte wh™fhS the stipulations of this convention until he shall have been tried, and shall have received the punishment due to such new crime, or shall have been acquitted thereof. Article V. The present convention shall continue in force until the 1st of Jan- Limitatiou of this uary, 1858, and if neither party shall have given to the treat?. other six months' previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other of such intention ; each of the high contract- ing parties reserving to itself the right of giving such notice to the irther, at any time after the expiration of the said first day of January, 1858. Article VI. The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by the Government of Prussia, and the ratift- PRUSSIA AND OTHER STATES, 1852. 731 cations shall be exchanged at Washington within six months from the date hereof, or sooner if possible. In faith whereof we, the respective Plenipotentiaries, have signed this convention, and have hereunto affixed our seals. Done in triplicate at Washington, the sixteenth day of June, one thousand eight hundred and fifty-two, and the seventy-sixth year of the Independence of the United States. BAWL, WEBSTER, [l. S.] FR. V. GEROLT. [L. S.J ADDITIONAL ARTICLE TO THE CONVENTION OF JUNE 16, 1852, BETWEEN THE UNITED STATES ON THE ONE PART, AND PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION ON THE OTHER PART, FOR THE MUTUAL DELIVERY OF CRIMINALS FUGITIVES FROM JUSTICE IN CERTAIN CASES. CONCLUDED NOVEMBER 16, 1852 ; RATIFICATIONS EX- CHANGED MAY 30, 1853 ; PROCLAIMED JUNE 1, 1853. Whereas it may not be practicable for the ratifications of the conven- tion for the mutual delivery of criminals, fugitives from justice, in cer- tain cases, between the United States and Prussia and other States of the Germanic Confederation, signed at Washington on the 16th day of June, 1852, to be exchanged within the time stipulated in said conven- tion ; and whereas both parties are desirous that it should be carried into full and complete effect : The President of the United States of America bas fully empowered on his part Edward Everett, Secretary of State of the United States, and His Majesty the King of Prussia, in his own name, as well as in the name of the other German sovereigns enumerated in the aforesaid convention, has likewise fully empow- ered Frederick Charles Joseph von Gerolt, his said Majesty's Minister Resident near the Government of the United States ; who have agreed to and signed the following article : The ratifications of the convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded on the 16th Time for ratifica . of June, 1852, shall be exchanged at Washington within one tio " este " dBd - year from the date of this agreement, or sooner should it be possible. The present additional article shall have the same force and effect as if it had been inserted, word for word, in the aforesaid convention of the 16th of June, 1852, and shall be approved and ratified in the manner therein prescribed. In faith whereof we, the respective Plenipotentiaries, have signed this agreement, and have hereunto affixed our seals. Done at Washington this sixteenth day of November, one thousand eight hundred and fifty-two, and the seventy-seventh year of the Inde- pendence of the United States. EDWARD EVERETT, (l. s. 1 FR. v. GEROLT. l. s. By the President of the United States of America. ■>»•.= w, «» A PROCLAMATION. Whereas it is provided by the second article of the convention of tho 16th of June, 1852, between the United States and Prussia and other 732 TREATIES AND CONVENTIONS. * States of the Germanic Confederation, for the mutual delivery of crimi- nals, fugitives from justice, in certain cases, that the stipulations of that convention shall be applied to any other State of the Germanic Confed- eration which might thereafter declare its accession thereto ; And whereas the Free Hanseatic city of Bremen has declared its ac- cession to the said convention, and the exchange of the said declaration for my acceptance of the same was made at Washington on the 14th instant, by .Rudolph Schleiden, Minister Resi-. dent of the said Free Hanseatic city of Bremen, and William L. Marcy, Secretary of State of the United States, on behalf of their respective governments : Now,»therefore, be it known, that I, Franklin Pierce, President of the United States of America, have caused this information to be made public, in order that the stipulations of the said convention may be observed and fulfilled with good faith in respect to the Free Hanse- atic city of Bremen by the United States and the citizens thereof. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at Washington the fifteenth day of October, in the year of our Lord one thousand eight hundred and fifty-three, and of the Independ- ence of the United States the seventy-eighth. [l. s.] , FRANKLIN PIERCE. By the President : W. L. Marcy, Secretary of State. [Notice of the accession of the Governments of Mecklenburg-Schwerin, Mecklenburg-Strelitz, Oldenburg, Schaumburg-Lippe, and Wiirtemburg to the foregoing convention of June 16, 1852, with Prussia and other States of the Germanic Confederation, and to the additional article thereto of November 16, 1852, with the date of such accession, and that of the proclamation of the fact by the President, will be found under the names of the respective States in their alphabetical order] RUSSIA. RUSSIA, 1S24. CONVENTION* BETWEEN THE UNITED STATES OF AMERICA AND RUSSIA, RELATIVE TO NAVIGATING, FISHING, &c, IN THE PACIFIC OCEAN. CONCLUDED APRIL 5-17, 1824 ; RATIFICATIONS EXCHANGED DECEMBER. 30, 1824, JANUARY 11, 1825; PROCLAIMED JANUARY 12, 1825. In the name of the Most Holy and Indivisible Trinity. The President of the United States of America and His Majesty the Emperor of all the Russias, wishing to cement the bonds of amity which unite them, and to secure between them the invariable mainte- nance of a perfect concord, by means of the present convention, have named as their Plenipotentiaries to this effect, to wit : The President of the United States of America, Henry Middleton, a citizen of said States, and their Envoy Extraordinary and Minister Plenipotentiary near his Imperial Majesty; and His Majesty the Em- peror of all the Russias, his beloved and faithful Charles Robert Count of Nesselrode, actual Privy Counsellor, Member of the Council of State, Secretary of State directing the administration of Foreign Affairs, actual Chamberlain, Knight of the Order of St. Alexander Nevsky, Grand Cross of the Order of St. Wladimir of the first class, Knight of that of the White Eagle of Poland, Grand Cross of the Order of St. Stephen of Hungary, Knight of the Orders of the Holy Ghost and of St. Michael, and Grand Cross of the Legion of Honor of Prance, Knight Grand Cross of the Orders of the Black and of the Red Eagle of Prussia, of the Annunciation of Sardinia, of Charles III of Spain, of St. Ferdinand and of Merit of Naples, of the Elephant of Denmark, of the Polar Star of Sweden, of the Crown of Wiirtemberg, of the Guelphs of Hanover, of the Belgic Lion, of Fidelity of Baden, and of St. Constantino of Parma; and Pierre de Poletica, actual Counsellor of State, Knight of the Order of St. Anne of the first class, and Grand Cross of the Order of St. Wladimir of the second ; Who, after having exchanged their full powers, found in good and due form have agreed upon and signed the following stipulations : Article I. It is agreed that, in any part of the .Great Ocean, commonly called the Pacific Ocean, or South Sea, the respective citizens or Navi(!lti0 » ail dfi, h . subjects of the high contracting Powers shall be neither dis- erie " ^^e^- turbed nor restrained, either in navigation or in fishing, or in the power of resorting to the coasts, upon points which may not already have been occupied, for the purpose of trading with the natives, saving always the restrictions and conditions determined by the following articles. Article II. With a view of preventing the rights of navigation and of fishing exer- * Translation from the original, which is in the French language. Interior Beas. 734 TREATIES AND CONVENTIONS. mien trade cisM upon the Great Ocean by the citizens and subjects of the high contracting Powers from becoming the pretext for an illicit trade, it is agreed that the citizens of the United States shall not resort to any point where there is a Eussian establishment, without the permission of the governor or commander ; and that, reciprocally, the subjects of Russia shall not resort, without permission, to any establish- ment of the United States upon the Northwest coast. Article III. It is moreover agreed that, hereafter, there shall not be formed by Emblements to the citizens of the United States, or under the authority of «f(ne°unitedsiate1 the said States, any establishment upon the Northwest or R^ia. coast of America, nor in any of the islands adjacent, to the north of fifty-four degrees and forty minutes of north latitude ; and that, in the same manner, there shall be none formed by Eussian subjects, or under the authority of Eussia, south of the same parallel. Article IV. It is, nevertheless, understood that during a term of ten years, counting from the signature of the present convention, the ships of both Powers, or which belong to their citizens or subjects respectively, may reciprocally frequent, without any hindrance whatever, the interior seas, gulfs, harbors, and creeks, upon the coast mentioned in the preceding article, for the purpose of fishing and trading with the natives of .the country. Article V. All spirituous liquors, fire-arms, other arms, powder, and munitions a tides to be ex °^ war °^ everv kind, are always excepted from this same cew?d c ?rc.°ni e thto commerce permitted by the preceding article ; and the two Powers engage, reciprocally, neither to sell, nor suffer them to be sold, to the natives by their respective citizens and subjects, nor by any person who may be under their authority. It is likewise stipu- lated that this restriction shall never afford a pretext, nor be advanced, in any case, to authorize either search or detention of the vessels, seizure of the merchandize, or, in fine, any measures of constraint what- ever towards the merchants or the crews who may carry on this com- merce ; the high contracting Powers reciprocally reserving to themselves to determine upon the penalties to be incurred, and to inflict the pun- ishments in case of the contravention of this article by their respective citizens or subjects. Article VI. When this convention shall have been duly ratified by the President of the United States, with the advice and consent of the Senate, on the one part, and, on the other, by His Majesty the Emperor of all the Eussias, the ratifications shall be exchanged at Washington in the space of ten month's from the date below, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed this convention, and thereto affixed the seals of their arms. Done at St. Petersburg the 17-5 April, of the year of Grace one thou- sand eight hundred and twenty-four. HENEY MIDDLETON Le Comte CHAELES DE NESSELEODE. PIEEEE DE POLETICA. L. S. L. S. L. S. RUSSIA, 1832. 735 RUSSIA, 1832. TREATY OF COMMERCE AND NAVIGATION WITH RUSSIA. CONCLUDED DECEMBER 6-18, 1832; RATIFICATIONS EXCHANGED MAY 11, 1833; PRO- CLAIMED MAY 11, 1833. In the Dame of the most Holy and Indivisible Trinity. The United States of America and His Majesty the Emperor of all the Eussias, equally animated with the desire of maintaining the rela- tions of good understanding which have hitherto so happily subsisted between their respective States, and of extending and consolidating the commercial intercourse between them, have agreed to enter into nego- tiations for the conclusion of a treaty of navigation and commerce; for which purpose the President of the United States has conferred full powers on James Buchanan, their Envoy Extraordinary and Minister Plenipotentiary near His Imperial Majesty; and His Majesty the Em- peror of all the Eussias has conferred like powers on the Sieur Charles Eobert Count de .Nesselrode, his Vice Chancellor, Knight of the Orders of Eussia, and of many others, &c. ; And the said Plenipotentiaries, having exchanged their full powers, found in good and due form, have concluded and signed the following articles : Article I. There shall be between the territories of the high contracting parties a reciprocal liberty of commerce and navigation. The in- Comm( . rce an(1 „ a . habitants of their respective States shall mutually have ™ a,, °"'-' liberty to enter the ports, places, and rivers of the territories of each party wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories, in order to attend to their affairs; and they shall enjoy, to that effect, the same security and protection as natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there prevailing, and particularly to the regulations in force concerning commerce. Article II. Eussian vessels arriving either laden or in ballast in the ports of the United States of America, and reciprocally vessels of the Tm dntjM United States arriving either laden or in ballast in the ports of the Empire of Eussia, shall be treated, on their entrance, during their stay, and at their departure, upon the same footing as national vessels coming from the same place, with respect to the duties of ton- nage. In regard to light-house duties, pilotage, and port charges, as well as to the fees and perquisites of public officers, and all other duties and charges, of whatever kind or denomination, levied upon vessels of commerce, in the name or to the profit of the Government, the local authorities, or of any private establishments whatsoever, the high con- tracting parties shall reciprocally treat each other upon the footing of the most favored nations with whom they have not treaties now actually in force, regulating the said duties and charges on the basis of an entire reciprocity. 736 TREATIES AND CONVENTIONS. Article III. All kind of merchandise and articles of commerce, which may be law- Imported mr( . w fully imported into the ports of the Empire of Eussia in d ™ e - Bussian vessels, may also be so imported in vessels of the United States of America, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private es- tablishments whatsoever, than if the same merchandise or articles of commerce had been imported in Russian vessels. And, reciprocally, all kind of merchandise and articles of commerce, which may be lawfully imported into the ports of the United States of America in vessels of the said States, may also be so imported in Russian vessels, without paying other or higher duties or charges, of whatever kind or denomi- nation, levied in the name or to. the profit of the Government, the local authorities, or of any private establishments whatsoever, than if the same merchandise or articles of commerce had been imported in vessels of the United States of America. Article IV. It is understood that the stipulations contained in the two preceding articles are to their full extent applicable to Russian ves- eiS, "Whether °ar° sels and their cargoes arriving in the ports of the United ow'J'or'fh.m rarely States of America, and reciprocally to vessels of the said States and their cargoes arriving in the ports of the Empire of Russia, whether the said vessels clear directly from the ports of the country to which they respectively belong or from the ports of any other foreign country. Article V. All kind of merchandise and articles of commerce, which may be law- Exported mercha- fully exported from the ports of the United States of America *"- in national vessels, may also be exported therefrom in Rus- sian vessels without paying other or higher duties or charges, of what- ever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if the same merchandise or articles of commerce had been exported iu vessels of the United States of America. And, recip- rocally, all kind of merchandise and articles of commerce, which may be lawfully exported from the ports of the Empire of Russia in national vessels, may also be exported therefrom in vessels of the United States of America, without paying other or higher duties or charges, of what- ever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if the same merchandise or articles of commerce had been exported in Russian vessels. Article VI. No higher or other duties shall be imposed on the importation into the United States of any article the produce or manufacture Dat,e. .n,po M d. of R uss i a , and no higher or other duties shall be imposed on the importation into the Empire of Russia of any article the produce or manufacture of the United States, than are or shall be payable on the like article being the produce or manufacture of any other foreign RUSSIA, 1832. 737 country. Nor shall any prohibition be imposed' on the im- rrohailllOM 8hall portation or exportation of any article the produce or inanu- be ge " eral - facture of the United States or of Russia, to or from the ports of the United States, or to or from the ports of fthe Russian Empire, which shall not equally extend to all other nations. Article VII. It is expressly understood that the preceding articles II, III, IV, V, and VI, shall not be applicable to the coastwise navigation oa a tin B trade «• of either of the two countries, which each of the high con- C8pted - tracting parties reserves exclusively to itself. Article VIII. The two contracting parties shall have the liberty of having in their respective ports Consuls, Vice-Consuls, Agents, and Com- missaries, of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nations ,•• but if any such Consul shall exercise commerce,'they shall be submitted to the same laws and usages to which the private individuals of their nation are submitted, in the same place. The Consuls, Vice-Consuls, and Commercial Agents shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or of the captain should disturb the order or the tranquillity of the country, or the said Consuls, Vice-Consuls, or Commercial Agents should require their assistance to cause their decisions to be "carried into effect or supported. It is, however, understood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their country. Article LX. The said Consuls, Vice-Consuls, and Commercial Agents are author- ized to require the assistance of the local authorities, lor the search, arrest, detention and imprisonment of the de- serters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges and officers, and shall in writing demand said deserters, proving, by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such individuals formed part of the crews; and this reclamation being thus substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, Vice-Consuls, or Commercial Agents, and may be con- fined in the public prisons, at the request and cost of those who shall claim them, in order to be detained until the time when they shall be restored to the vessels to which they belong, or sent back to their own country by a vessel of the same nation or any other vessel whatsoever. But if not sent back within four months from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. However, if the deserter should be found to have committed any 738 TREATIES AND CONVENTIONS. crime or offence, his surrender may be delayed until the tribunal before which his case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. Article X. The citizens and subjects of each of the high contracting parties personal e» e shall have power to dispose of their personal goods within t,te ' the jurisdiction of the other, by testament, donation, or otherwise, and their representatives, being dozens or subjects of the other party, shall succeed to their said personal goods, whether by testa- ment or ab intestato, and may take possession thereof, either by them- selves, or by others acting for them, and dispose of the same at will, paying to the profit of the respective Governments such dues only as the inhabitants of the country wherein the said goods are shall be sub- ject to pay in like cases. And in case of the absence of the representa- tives, such care shall be taken of the said goods as would be taken of the goods of a native of the same country in like case, until the lawful owner may take measures for receiving them. And if a question should arise among several claimants as to which of them said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said ' goods are. And where, on the death of any person holding real estate, within the territories of one of the high contracting parties, such real estate would by the laws of the land descend on a citizen or subject of the other party, who by reason of alienage may be incapable of holding it, he shall be allowed the time fixed by the laws of the country ; and in case the laws of the country actually in "force may not have fixed any such time, he shall then be allowed a reasonable time to sell such real estate, and to withdraw and export the proceeds with- out molestation, and without paying to the profit of the respective Gov- ernments any other dues than those to which the inhabitants of the country wherein said real estate is situated shall be subject to pay in like cases. But this article shall not derogate in any manner from the force of the laws already published, or which may hereafter be published, by His Majesty the Emperor of all the Eussias, to prevent the emigra- tion of his subjects. Article XL If either party shall hereafter grant to any other nation any particu- Favor. ranted * ar f avor i Q navigation or commerce, it shall immediately become common to the other party, freely, "where it is freely granted to such other nation, or on yielding the same compensation, when the grant is conditional. Article XII. The present treaty, of which the effect shall extend in like manner Treaty «o ,x«r,d to the Kingdom of Poland, so far as the same may be ™,.L°Je™ fore™" applicable thereto, shall continue in force until the first day tn i s t January, 1639. f January, in the year of our Lord one thousand eight hun- dred and thirty -nine, and if, one year before that day, one of the high contracting parties shall not have announced to the other, by an official notification, its intention to arrest the operation thereof, this treaty shall remain obligatory one year beyond that day, and so on until the expiration of the year which shall commence after the date of a similar notification. 739 Article XIII. The present treaty shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate of the said States, and by His Majesty the Emperor of all the Kussias, and the ratifications shall be exchanged in the city of "Washington within the space of one year, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the present treaty in duplicate, and affixed thereto the seal of their arms. Done at St. Petersburg tbe ei £ma, December, in the year of Grace one thousand eight hundred and thirty-two. JAMES BUCHANAN, [l. s. OHAELES COMTE DE NESSELEODE. [l. s. SEPAEATE AETICLE. Certain relations of proximity and anterior engagements having ren- dered it necessary for the Imperial Government to regulate the commercial relations of Eussia with Prussia and the Sl Kingdoms of Sweden and Norway by special stipulations, now actually in force, and which may be renewed hereafter ; which stipulations are in no manner connected with the existing regulations for foreign com- merce in general : The two high contracting parties, wishing to remove from tbeir commercial relations every kind of ambiguity or subject of discussion, have agreed that the special stipulations granted to the commerce of Prussia, and of Sweden and Norway, in consideration of equivalent advantages granted in these countries, by the one to the commerce of the Kingdom of Poland, and by the other to that of the Grand Dutchy of Finland, shall not, in any case, be invoked in favor of the relations of commerce and navigation sanctioned between the two high contracting parties by the present treaty. The present separate article shall have the same force and value as if it were inserted, word for word, in the treaty signed this day,' and shall be ratified at the same time. In faith whereof we, the undersigned, by virtue of our respective full powers, have 'signed the present separate article, and affixed thereto the seals of our arms. Done at St. Petersburg the ei £Sl' ath of December, in the year of Grace one thousand eight hundred and thirty-two. JAMES BUCHANAN. CHAELES COMTE DE NESSELEODE. L. S.J L. S.l EUSSIA, 1854. CONVENTION WITH RUSSIA, RELATIVE TO THE RIGHTS OF NEUTRALS AT SEA. CONCLUDED JULY 22, 1854 ; RATIFICATIONS EXCHANGED OC- TOBER 31, 1854; PROCLAIMED NOVEMBER 1, 1854. The United States of America and His Majesty the Emperor of all the Eussias, equally animated with a desire to maintain, and to preserve from all harm, the relations of good understanding 740 TREATIES AND CONTENTIONS. which have at all times so happily.subsisted between themselves, as also between the inhabitants of their respective States, have mutually agreed to perpetuate, by means of a formal convention, the principles of the right of neutrals at sea, which they recognize as indispensable condi- tions of all freedom of navigation and maritime trade. For this purpose the President of the United States has conferred fall powers on William L. Marcy, Secretary of State of the United States; and His Majesty the Emperor of all the Eussias has conferred like powers on Mr. Edward de Stoeckl, Counsellor of State, Knight of the Orders of Ste. Anne of the 2d class, of St. Stanislas of the 4th class, and of the Iron Crown of Austria of the 3d class, His Majesty's Charge" d'Affaires near the Government of the United States of America ; And said Plenipotentiaries, after having exchanged their full powers, found in good and due form, have concluded and signed the following articles : Article I. The two high contracting parties recognize as permanent and immu- table the following principles, to wit : 1st. That free ships make free goods ; that is to say, that the effects ? rre .we. to make or goods belonging to subjects or citizens of a Power or sreeoods. State at war are free from capture and confiscation when found on board of neutral vessels, with the exception of articles contra- band of war. 2d. That the property of neutrals on board an enemy's vessel is not seatrai ro 0I t subject to confiscation, unless the same be contraband of war. They engage to apply these principles to the commerce and navigation of all such Powers and States as shall consent to ad.opt them on their part as permanent and immutable. Article II. The two high contracting parties reserve themselves to come to an An n it.rtor ..nder- ulterior understanding as circumstances may require, with ataadmsa.todetaHs. re g ar a to the application and extension to be given, if there be any cause for it, to the principles laid down in the 1st article. But they declare from this time that they will take the stipulations contained ia said article 1st as a rule, whenever it shall become a question to jndge of the rights of neutrality. Article III. It is agreed by the high contracting parties that all nations which otw nation, .„'., shall or may consent to accede to the rules of the first article »» Contracting Powers. good understanding which exists between them, have, for that purpose, appointed as their Plenipotentiaries, the President of the United States, William H. Seward, Secretary of State ; and His Majesty the Emperor of all the Eussias, the Privy Counsellor Edward de Stoeckl, his Envoy Extraordinary and Minister Plenipotentiary to the United States ; And the said Plenipotentiaries, having exchanged their full powers, which were found to be in due form, have agreed upon and signed the following articles : Article I. His Majesty the Emperor of all the Eussias agrees to cede to the United States, by this convention, immediately upon the O r territo exchange of the ratifications thereof, all the territory and dominion now possessed by his said Majesty on the continent of America and in the adjacent islands, the same being contained within the geo- graphical limits herein set forth, to wit : The eastern limit Bomimi03 . is the line of demarcation between the Eussian and the British possessions in North America, as established by the convention between Eussia and Great Britain, of February 28-16, 1,825, and de- scribed in Articles III and IV of said convention, in the following terms: " Commencing from the southernmost point of the island called Prince of Wales Island, which point lies in the parallel of 54 degrees 40 min- utes north latitude, and between the 131st and 133d degree of west longitude, (meridian of Greenwich,) the said line shall ascend to the north along the channel called Portland Channel, as far as the point of the continent where it strikes the 56th degree of' north latitude ; from this last-mentioned point, the line of demarcation shall follow the sum- mit of the mountains situated parallel to the coast, as far as the point of intersection of the 141st degree of west longitude, (of the same me- ridian;) and finally, from the said point of intersection, the said merid- ian line of the 141st degree, in its prolongation as far as the Frozen Ocean. " IV. With reference to the line of demarcation laid down in the pre- ceding article, it is understood — " 1st. That the island called Prince of Wales Island shall belong wholly to Eussia," (now, by this cession to the United States.) 742 TREATIES AND CONVENTIONS "2d. That whenever the summit of the mountains which extend in a direction parallel to the coast from the 56th degree of north latitude to the point of intersection of the 141st degree of west longitude shall prove to be at the distance of more than ten marine leagues from the ocean, the limit between the British possessions and the line of coast which is to belong to Eussia as above mentioned, (that is to say, the limit to the possessions ceded by this convention,) shall be formed by a line parallel to the winding of the coast, and which shall never exceed the distance of ten marine leagues therefrom." The western limit within which the territories and dominion con- veyed are contained passes through a point in Behring's Straits on the parallel of sixty-five degrees thirty minutes north latitude, at its inter- section by the meridian which passes midway between the islands of Krusenstern or Ignalook, and the island of Batmanoff, or Noonarbook, and proceeds due north without limitation, into the same Frozen Ocean. The same western limit, beginning at the same initial point, proceeds thence in a course nearly southwest, through Behring's Straits and Behring's Sea, so as to pass midway between the northwest point of the island of St. Lawrence and the southeast point of Cape Chou- kotski, to the meridian of one hundred and seventy-two west lon- gitude ; thence, from the intersection of that meridian, in a south- westerly direction, so as to pass midway between the island of Attou and the Copper Island of the Kormandorski couplet or group, in the North Pacific Oceaii, to the meridian of one hundred and ninety -three degrees west longitude, so as to include in the territory conveyed the whole of the Aleutian Islands east of that meridian. Aeticle II. In the cession of territory and dominion made by the preceding article are included the right of property in all . public lots and ond s 'd™inu. r " t0 S squares, vacant lands, and all public buildings, fortifications, barracks, and other edifices which are not private individual property. • It is, however, understood and agreed, that "the churches which have been built in the ceded territory by the Bussian Government, shall remain the property of such members of the Greek Oriental Church resident in the territory -as may choose to worship therein. Any Gov- ernment archives, papers, and documents relative to the territory and dominion aforesaid, which may now be existing there, will be left in the possession of the agent of the United States ; but an authenticated copy of such of them as may be required, will be, at all times, given by the United States to the Bussian Government, or to such Bussian officers or subjects as they may apply for. Aeticle III. The inhabitants of the ceded territory, according to their choice, mghts or inhabit- reserving their natural allegiance, may return to Eussia ants - within three years ; but if they should prefer to remain in the ceded territory, they, with the exception of uncivilized native tribes, shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States, and shall be maintained and protected in the free enjoyment of their liberty, property, and religion. The uncivilized tribes will be subject to such laws and regulations as the United States may from time to time adopt in regard to aboriginal tribes of that country. RUSSIA, 1867. 743 Article IV. His Majesty, the Emperor of all the Eussias shall appoint, with con- venient despatch, an agent or agents for the purpose of Ageots &c formally delivering to a similar agent or agents, appointed on behalf of the United States, the territory, dominion, property, dependencies, and appurtenances which are ceded as above, and for doing any other act which may be necessary in regard thereto. But the cession, with the right of immediate possession, is never- Ce „ ion t0 be ab . theless to be deemed complete and absolute on the exchange solute - of ratifications, without waiting for such formal delivery. Article V. Immediately after the exchange of the ratifications of this convention, any fortifications or military posts which may be' in the M . ceded territory shall be delivered to the agent of the United States, and any Eussian troops which may be in the territory shall be withdrawn as soon as may be reasonably and conveniently practicable. Article VI. In consideration of the cession aforesaid, the United States agree to pay at the Treasury in Washington, within ten months after ^ me ' nt the exchange of the ratifications of this convention, to the diplomatic representative or other agent of His Majesty the Emperor of all the Eussias, duly authorized to receive the same, seven million two hundred thousand dollars in gold. The cession of territory Territorr cede d to and dominion herein made is hereby declared to be free jLivSS'"^ and unincumbered by any reservations, privileges, fran- i««<», ftancu»w, *c chises, grants, or possessions, by any associated companies, whether corporate or incorporate, Eussian or any other, or by any parties, except merely private individual property-holders; and the cession hereby made conveys all the rights, franchises, and privileges now belonging to Russia in the said territory or dominion, and appurtenances thereto. Article VII. When this convention shall have been duly ratified by the President of the United States, by and with the advice and consent . ona of the Senate, on the one part, and, on the other, by His Maj- esty the Emperor of all the Eussias, the ratifications shall be exchanged at Washington within three months from the date hereof, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed this convention, and thereto affixed the seals of their arms. ~; Done at Washington the thirtieth day of March, in the year of our Lord one thousand eight hundred and sixty-seven. WILLIAM H. SEWARD. EDOUARD DE STOEGKL. L. s. L. S. 744 TREATIES AND CONVENTIONS. EUSSIA, 1868. ARTICLE RESPECTING TRADE-MARKS, ADDITIONAL TO THE TREATY OP NAVIGATION AND COMMERCE BETWEEN THE UNITED STATES AND RUS- SIA, OF THE 18th OF DECEMBER, 1832. CONCLUDED AT WASHINGTON JANUARY 27, 1868; RATIFICATIONS EXCHANGED SEPTEMBER 21, 1868; PROCLAIMED OCTOBER 15, 1868. The United States of America and his Majesty the Emperor of all the Eussias, deeming it advisable that there should be an additional article to the treaty of commerce between them of the T 6 ^ December, 1832, Lave for this purpose named as their Plenipotentiaries, the President of the United States, William H. 'Seward, Secretary of State, and His Majesty the Emperor of all the Eussias, the Privy Councillor, Edward de Stoeckl, accredited as his Envoy Extraordinary and Minister Pleni- potentiary to the United States ; And the said Plenipotentiaries, after an examination of their res- pective full powers, which were found to be in good and due form, have agreed to and signed the following: ADDITIONAL ARTICLE. The high contracting parties, desiring to secure complete and efficient protection to the manufacturing industry of their respective citizens and subjects, agree 'that any counterfeiting in one of the two countries of the trade-marks affixed in the other on mer- chandize, to show its origin and quality, shall be strictly prohibited and repressed, and shall give ground for an action of damages in favor of the injured party, to be prosecuted in the courts of the country iu which the counterfeit shall be proven. The trade-marks in which the citizens or subjects of one of the two countries may wish to secure the right of property in the other, must be lodged exclusively, to wit, the marks of citizens of the United States in the Department of Manufactures and Inland Commerce at St. Peters- burg, and the marks of Eussian subjects at the Patent-Office in Wash- ington. This additional article shall be terminable by either party, pursuant to the twelfth article of the treaty to which it is an addition. It shall he ratified by the President, by and with the advice and consent of the Senate of the United States, and by His Majesty the Emperor of all the Eussias, and the respective ratifications of the same shall be ex- changed at St. Petersburg within nine months from the date hereof, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the present additional article in duplicate, and affixed thereto the seal of their arms. Done at Washington the twenty-seventh day of January, in the year of Grace one thousand eight hundred and sixty-eight. WILLIAM H. SEWAED. [l. EDOUAED DE STOECKL. [l. SAN SALVADOE. SAN SALVADOE, 1850. A GENERAL TREATY OP AMITY, NAVIGATION, AND COMMERCE, BETWEEN THE UNITED STATES OF NORTH AMERICA AND THE REPUBLIC OF SAN SALVADOR. CONCLUDED JANUARYS, 1850; RATIFICATIONS EXCHANGED JUNE 2, 1852 ; PROCLAIMED APRIL 18, 1853. i The United States of North America and the Eepublic of San Salva- dor, desiring to make lasting and firm the friendship and good understanding which happily exists between both na- tions, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall in future be religiously observed between each other, by means of a treaty or general convention of peace and friendship, commerce, and navigation. For this desirable object the President of the United States of America has conferred full powers upon E. G. Squier, a citizen of the said States, and their Charge" d' Affaires to Guatemala; and , the President of the Eepublic of San Salvador has conferred similar and equal powers upon Senor Licenciado Don Augustin Morales, who, after having exchanged their said full powers in clue form, have agreed to the following articles : Article I. There shall be a perfect, firm, and inviolable peace and sincere friend- ship between the United States of America and the Eepublic Peace ind Snmi . of San Salvador, in all the extent of their possessions and s, ' ip ' territories, and between their citizens respectively, without distinction of persons or places. Article II. The United States of America and the Eepublic of San Salvador, desiring to live in peace and harmony with all the nations „ f red na of the earth, by means of a policy frank and equally friendly vore/natSS" i°o- with all, engage mutually not to grant any particular favor to other nations in respect of commerce and navigation which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional. Article III. The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries nichttotr!lde ani oa the liberal basis of perfect equality and reciprocity, mu- holJ ,w * tually agree that the citizens of each may frequent all the coasts and countries of the other, and reside therein^ and shall have the power to purchase and hold lands, and all kinds of real estate, and to engage in all kinds of trade, manufactures, and mining, upon the same terms with 746 TREATIES AND CONVENTIONS. the native citizen, and shall enjoy all the privileges and concessions in these matters which are or may be made to the citizens of any country, and shall enjoy all the rights, privileges, and exemptions in navigation, commerce, and manufactures, whi,ch native citizens do or shall enjoy, submitting themselves to the laws, decrees, or usages there established, coastm, trade re- to which native citizens are subjected. But it is understood Bervei that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties respectively, according to their own separate laws. Article IV. They likewise agree that whatever kind of produce,. manufacture, or merchandise of any foreign country can be, from time to to nationality oA-eT- time, lawfully imported into the United States in their own vessels, may be also imported in vessels of the Eepublic of San Salvador; and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied and collected, whether the im- portation be made in vessels of the one country or of the other ; and in like manner that, whatever kind of produce, manufactures, or merchandise of any foreign country can be, from time to time, lawfully imported into the Republic of San Salvador in its own vessels, may be also imported in vessels of the United States ; and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied or collected, whether the importation be made in vessels of the one country or the other. And they further agree that whatever may be ^lawfully exported or re-exported from one country in its own vessels to any foreign country may in like manner b,e exported or re-exported in the vessels of the other country ; and the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of the Eepublic of San Salvador. . Article V. No higher or other duties shall be imposed on the importation into the no diseriminatine United States of any articles the produce or manufactures d»tie S on produce. of t]ie Republic of San Salvador, and no higher or other duties shall be imposed on the importation into the Eepublic of San Salvador of any articles the produce or manufactures of the United States, than are or shall be payable on the like articles being the pro- duce or manufactures of anyforeign country; nor shall any higher or other duties or charges be imposed in either of the two countries on the ex- portation of any articles to the United States or to the Eepublic of San Salvador, respectively, than such as are payable on the exportation of the like articles to any other foreign country ; nor shall any prohibition be imposed on the exportation or importation of any articles the produce or manufactures of the United States or of the Eepublic of San Salva- dor, to or from the territories of the United States, or to or from the territories of the Eepublic of San Salvador, which shall not equally ex- tend to all other nations. Article VI. In order to prevent the possibility of any misunderstanding, it is hereby Articles iv a„d v declared that the stipulations contained in the three pre- port^hi'verseiS ceding articles are to their full extent applicable to the vessels from. f £ ne xjnited States and their cargoes- arriving in the ports SAN SALVADOR, 1850. • 747 of San Salvador, and reciprocally to the vessels of the said Eepublic of San Salvador and their cargoes arriving in the ports of the United States, whether they proceed from the ports, of the country to which they respectively belong or from the ports of any other foreign country ; and, in either case, no discriminating duty shall be imposed . car o . or collected in the ports of either country on said vessels or their cargoes, whether the same shall be of native or foreign produce or manufacture. Article VII. It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of both countries, to manage, by themselves or agents, their own business in all the ports and places subject to the jurisdiction of each other, as well with respect to the consignments and sale of their goods and merchan- dise, by wholesale or retail, as with respect to the loading, unloading, and sending off their ships ; they being in all these cases to be treated as citizens of the country in which they reside, or at least to be placed on an equality with the subjects or citizens of the most favored nation. Article VIII. The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, mer- Emtar ^ &c chandise, or effects, for any military expedition, nor for any public or private purpose whatever, without allowing to those interested an equitable and sufficient indemnification. Article IX. "Whenever the citizens of either of the contracting i>arties shall be forced to seek refuge or asylum in the rivers, bays, ports, or Treatm( ,„ t of vra . dominions of the other with their vessels, whether merchant Bels - or war, public or private, through stress of weather, pursuit of pirates or enemies, or want of provisions or water, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage, without obstacle or hindrance of any kind. Article X. All the ships, merchandise, and effects belonging to the citizens of one of the contracting parties which may be captured by Pl . oP e rtr recap- pirates, whether within the limits of its jurisdiction or on tani from vi " les - the high seas, and may be carried or found in the rivers, roads, bays, ports, or dominions of the other, shall be delivered up to the owners, they proving in due and proper fprm their rights before the competent tribunals, it being well understood that the claim shall be made within the term of one year by the parties themselves, their attorneys, or agents of their respective Governments. Article XI. When any vessels belonging to the citizens of either of the contract- ing parties shall be wrecked or foundered, or shall suffer any damage on the coasts or within the dominions of the other, 748 • TREATIES AND CONVENTIONS. there shall be given to them all assistance and protection, in the same manner which is usual and customary with the vessels of the nation where the damage happens, permitting them to unload the said vessel, if necessary, of its merchandise and effects without exacting for it any duty, impost, or contribution whatever, unless they may be destined for consumption or sale in the country of the port where they may have been disembarked. Article XII. The citizens of each of the contracting parties shall have power to sale, a ,„j inherit- dispose of their personal goods or real estate within the " nces - jurisdiction of the other, by sale, donation, testament, or otherwise ; and their representatives, being citizens of the other party, shall succeed to their said personal goods or real estate, whether by tes- tament or ab intestato ; and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein said goods are shall be subject to pay in like cases. Article XIII. ♦ Both contracting parties promise and engage formally to give their special protection to the persons and property of the citi- zens of each other, of all occupations, who may be in the territories subject to the jurisdiction of one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial recourse, on the same terms which are usual and cus- tomary with the natives or citizens of the country, for which purpose they may either appear in proper person, or employ in the prosecution or defence of their rights such advocates, solicitors, notaries, agents, and factors as they may judge proper, in all their trials at law; and such citizens or agents shall have free opportunity to be present at the deci- sions or sentences of the tribunals in all cases which may concern them, and shall enjoy in such cases all the rights and privileges accorded to the native citizen. Article XIV. The citizens of the United States residing in the territories of the Eepublic of San Salvador shall enjoy the most perfect and entire security of oonscience, without being annoyed, pre- vented, or disturbed on the proper exercise of their religion, in private houses, or on the chapels or places of worship appointed for that pur- pose, provided that in so doing they observe the decorum due to divine worship, and the respect due to the laws, usages, and customs of- the country. Liberty shall also be granted to bury the citizeus of the United States who may die in the territories of the Eepublic of San Salvador, in convenient and adequate places, to be appointed and established for that purpose, with the knowledge of the local authorities, or in such other places of sepulture as may be chosen by the friends of the deceased ; nor shall the funerals or sepulchres of the dead be disturbed in anywise, nor upon any account. In like manner the citizens of San Salvador shall enjoy within the Government and territories of the United States a perfect and unre- strained liberty of conscience, and of exercising their religion, publicly or privately, within their own dwelling-houses, or on the chapels and places of worship appointed for that purpose, agreeably to the laws, usages, and customs of the United States. SAN SALVADOR, 1850. 74.9 Article XV. It shall be lawful for the citizens of the United States of America and of the Eepuhlic of San Salvador to sail with their ships, C( , mmerc( . ia time with all manner of liberty and security, no distinction being ofwar - made who are the proprietors of the merchandise laden thereon, from any port to the places of those who now are or shall be at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandise before men- tioned, and to trade with the same liberty and security from the places, ports, and havens of those who are the enemies of both or either party, Avithout any opposition or disturbance whatsoever, not only from the places of the enemy before mentioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one Power or under seyeral. And it is hereby stipulated that free sjiips shall also give rrM , h ;p, tolM kc freedom to goods, and that everything which shall be found free «<""'■. ae- on board the ships belonging to the citizens of either of the contracting parties shall be deemed to be free and exempt, although the whole lad- ing, or any part thereof, should appertain to the enemies of either, (con- traband goods being always excepted.) It is also agreed, in like manner, that the same liberty shall be extended to persons who are on- board a free ship, with this effect ; Similar pravisit ,„ that altho' they be enemies to both or either party, they are as "">« 3 °» s - not to be taken out of that free ship, unless they are officers and sol- diers, and in the actual service of the enemies ; provided, however, and it is hereby agreed, that the stipulations in this article contained, de- claring that the flag shall cover the property, shall be understood as applying to those Powers only who recognize this principle ; but if either of the two contracting parties shall be at war with a third, Limitation or the and the other remains neutral, the flag of the neutral shall > ,ri " ci > >le - cover the property of enemies whose Governments acknowledge this principle, and not of others. Article XVI. It is likewise agreed that, in the case where the neutral flag of one of the contracting parties shall protect the property of one of the enemies of the other by virtue of the above stipulation, makfeSmy's'sooJ^ it shall always be understood that the neutral property except ' ' found on board such enemy's vessel shall be held and considered as enemy's property, and as such shall be liable to detention and confis- cation, except such property as was put on board such vessel before the •declaration of war, or even afterwards, if it were done without the knowledge of it; but the contracting parties agree that, two months having elapsed after the declaration of war, their citizens shall not plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy's property, in that case the goods and merchandise of the neutral embarked on such enemy's ships shall be free. Article XVII. This liberty of navigation and commerce shall extend to ail kinds of merchandise, excepting those only which are distinguished by the name of contraband ; and under this name of contra- band or prohibited goods shall be comprehended — 1st. Cannons, mortarsj howitzers, swivels, blunderbusses, muskets, 750 TREATIES AND CONVENTIONS. rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberts, band-grenades, bombs, powder, matches, balls, andall other things belong- ing to the use of these arms. 2d. Bucklers, helmets, breastplates, coats of mail, infantry belts, and clothes made up in the form and for the military use. 3d. Cavalry belts and horses, with their furniture. 4tb. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other material manufactured, prepared, and formed expressly to maike war by sea or land. 5th. Provisions that are imported into a besieged or blockaded place. Article XVIII. All other merchandise and things not comprehended in the articles of contraband explicitly enumerated and classified as above, shall be held and »onsidered as free, and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by the citizens of both the contracting parties, even to places belonging to an enemy, excepting those places only which are at that time besieged or blockaded; and, to avoid all doubt in this particular, it is declared that those places only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral. • Article XIX. The articles of contraband before enumerated and classified which proceedings in ca»= may be found in a vessel bound for an enemy's port shall be of contraband. subject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessels will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great and of so large a bulk they cannot be received on board the capturing ship without great inconvenience ; but in this and all other cases of just detention the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment, according to law. Article XX. And whereas it frequently happens that vessels sail for' a port or place belonging to an enemy without knowing that the same is Eiockad«. besieged or blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place, but shall not be detained ; nor shall any part of her cargo, if not con- traband, be confiscated, unless, after warning of such blockade or in- vestment from the commanding officer of the blockading forces, she shall again attempt to enter ; but she shall be permitted to go to any other port or place she shall think proper. Xor shall any vessel that may have entered into such port before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting that place with her cargo ; nor, if found therein after the reduction and sur- render, shall such vessel or her cargo be liable to confiscation, but they snail be restored to the owners thereof. SAN SALVADOR, 1850. 751 Article XXI. In order to prevent all kind of disorder in the visiting and examina- tion of the ships and cargoes of both the contracting par- yi , iMim of V e»- ties on the high seas, they have agreed mutually that when- BOla at " ea - ever a national vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain out of cannon-shot, unless in stress of weather, and may send its boat, with two qr three men only, in order to execute the said examination of the papers con- cerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment, for which the com- manders of said armed ships shall be responsible, with their persons and property; for which purpose the commanders of private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damage they may commit. And it is ex- pressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting her jiapers, or for any other purpose whatever. Article XXII. To avoid all kinds of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to Ses .i Mer m time the citizens of the two contracting parties, they have agreed, ° rwar - and do hereby agree, that in case one of them should be engaged in war, the ships and vessels belonging to the citizens of the other must be furnished with sea-letters or passports expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master and commander of the said vessel, in order that it may thereby appear that the ship really and truly belongs to the citizens of one [of] the parties. They have likewise agreed that when such ships have a cargo, they shall also be provided, besides the said sea-letters or pass- ports, with certificates containing the several particulars of the cargo and the place whence the ship sailed, so that it may be known whether any forbidden or contraband goods are on board the same, which cer- tificates shall be made out by the officers of the place whence the ship sailed, in the accustomed form ; without which requisites said vessel may be detained to be adjudged by the competent tribunal, and may be declared lawful prize, unless the said defect shall be proved to be owing to accident, and shall be satisfied or supplied by testimony entirely equivalent. Article XXIII. It is further agreed that the stipulations above expressed, relative to the visiting and examination of vessels, shall apply only to Cm ^ those which sail without convoy; and when said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag he carries, and, when they may be bound to an enemy's port, that they have no contraband goods on hoard, shall be sufficient. Article XXIV. It is further agreed that in all cases the established courts for prize causes in the country to which the prizes may be conducted shall alone take cognizance of them. And whenever such 752 TREATIES AND CONVENTIONS. tribunals of either party shall pronounce judgment against any vessel, or goods, or property claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives upon which the same shall have been founded • and an authenticated copy of the sen- tence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of' said vessel, without any delay, he paying the legal fees for the same. Article XXV. For the purpose of lessening the evils of war, the two high contract- ing parties further agree that in case a war should unfor- tunately take place between them, hostilities shall only be carried on by persons duly commissioned by the Government, and by those under their orders, except in repelling an attack or invasion, and in the defence of property. Article XXVI. Whenever one of the contracting parties shall be engaged in war with Letter, or manue another State, no citizen of the other contracting party shall r commi3uion3. accept a commission or letter of marque for the purpose of assisting or co-operating hostilely with the said enemy against the said parties so at war, under the pain of being treated as a pirate. Article XXVII. If by any fatality which cannot be expected, and God forbid, the two contracting parties should be engaged in a war with vi»,°n°for wiSawai each other, they have agreed, and do agree now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business and transport their effects wherever they please,, giving to them the safe-conduct necessary for it, which may serve as a sufficient pro- tection until they arrive at the designated port. The citizens of all other occupations who may be established in the territories or domin- ions of the United States or of San Salvador shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. Article XXVIII. Neither the debts due from individuals of the one nation to the indi- ct, ^property viduals of the other, nor shares nor money which they may notubeconiucited. h ave i u public funds, nor in public or private banks, shall ever, in any event of war or of national difference, be sequestered or confiscated. Article XXIX. Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official inter- course, have agreed, and do agree, to grant to the Envoys, Ministers, and other public agents, the same favors, immunities, and exemptions which those of the most favored nations do or shall enjoy; SAN SALVADOR, 1850. 753 it being understood that whatever favors, immunities, or privileges the United States of America or the Republic of San Salvador may find it proper to give to the Ministers and public agents of any other Power, shall, by the same act, be extended to those of each of the contracting parties. Article XXX. To make more effectual the protection which the United States and the Republic of San Salvador shall afford in future to the Cm8Ul8 am , Vice . navigation and commerce of the citizens of each other, they Con8u,s - agree to receive and to admit Consuls and Vice-Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, pre- rogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation; each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls may not seem convenient. Article XXXI. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities which belong to them by their public character, they shall, before entering on the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited; and, having ob- tained their exequatur, they shall be held and considered as such by all the authorities, magistrates, and inhabitants in the consular district in which they reside. Article XXXII. It is likewise agreed that the Consuls, their secretaries, officers, and persons attached .to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempt from all pub- lic service, and also from all kind of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens and inhabitants, native and for- eign, of the country in which they reside are subject, being in everything besides subject to the laws of the respective States. The archives and papers of the consulates shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. Article XXXIII. • The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and cus- j, e , e , t „, tody of deserters from the public and private vessels of their country; and for that purpose they shall address themselves to the courts, judges, and officers competent, and shall demand in writing the said deserters, proving by an exhibition of the registers of the vessels or ship's roll or other public documents, that those men were part of the said crews; and on this demand, so proved, (saving, however, where the contrary is proved by other testimonies,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of the said Consuls, and may be put in the public prisons at the request and expense of those who reclaim them, to be sent to the ships to which they belonged, or to others of the same nation ; but if they be not sent back within two months, to be counted from the day of arrest, they ■shall be set at liberty, and shall be no more arrested for the same cause. 754 TREATIES AND CONVENTIONS. Article XXXIV. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree to Consular convention, j* ' , „. i • 1 1 • j_ form, as soon hereafter as circumstances will permit, a con- sular convention, which shall declare specially the powers and immuni- ties of the Consuls and Yice-Consuls of the respective parties. Article XXXV. The United States of North America and the Republic of San Salva- dor, desiring to make as durable as possible the relations wbich are to be established by virtue of this treaty, have declared solemnly and do agree .to the following points: 1st. The present treaty shall remain in full force and vigor for the term of twenty years from the day of the exchange of the ratifications; and if neither party notifies the other of its intention of reformiug any or all the articles of this treaty twelve months before the expiration of the twenty years stipulated above, the said treaty shall continue binding on both parties beyond the said twenty years until twelve months from the time that one of the parties notifies the other of its intention of proceeding to a reform. 2d. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizens shall be held disturbed I.? acta 0° personally responsible for the same, and the harmony and good correspondence between the nations shall not be inter- rupted thereby; each party engaging in no way to protect the offender, or sanction such violation. 3d. If, unfortunately, any of the articles contained in this treaty should be violated or infringed in any way whatever, it is expressly stipulated that neither of the two contracting parties shall ordain or authorize any acts of reprisal, nor shall declare war against the other, on complaints of injuries or damages, until the said party con- sidering itself offended shall have laid before the other a statement of such injuries or damages, verified by competent proofs, demanding jus- tice and satisfaction, and the same shall have been denied, in violation of the laws and of international right. Article XXXVI. The present treaty of peace, amity, commerce, and navigation shall be approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by the President of the Eepublic of San Salvador, with the consent and approbation of th.e Congress of the same; and the ratifications shall be exchanged in the city of Washington or San Salvador, within eight months from the date of the signature thereof, or sooner if possible. In faith whereof we, the Plenipotentiaries of the United States of America and of the Republic of San Salvador, have signed and sealed these presents, in the city of Leon, on the second day of January, in the year of our Lord one thousand eight hundred and fifty, and of the Inde- pendence of the United States the seventy-fourth. E. GEO. SQUIER. [l. S.J AGUSTIN MORALES. [l. b." SAKDOIA. SAEDINIA, 1838. TREATY OF COMMERCE AND NAVIGATION WITH SARDINIA, AND SEPARATE ARTICLE TO SAME. CONCLUDED NOVEMBER 26, 1838; RATIFICATIONS EXCHANGED MARCH 18, 1839 ; PROCLAIMED MARCH 18, 1839. The United States of America and His Majesty the King of Sardinia, desirous of consolidating the relations of good understanding which, have hitherto so happily subsisted between their respective States and of facilitating and extending the commercial intercourse between the two countries, have agreed to enter into negotiations for the conclusion of a treaty of commerce and navigation, for which purpose the President of the United States has conferred full powers on Nathaniel Niles, their Special Agent near His Sardinian Majesty, and His Majesty the King of Sardinia has conferred like powers on the Count Clement Solar de la Mar- guerite, Grand Cross of the Military and Eeligious Order of S. Maurice and S. Lazarus, of Isabella the Catholic of Spain, and Knight of the Order of Christ, his First Secretary of State for the Foreign Affairs; And the said Plenipotentiaries having exchanged their full powers, found in good and due form, have concluded and signed the following articles : ' Article I. There shall be between the territories of the high contracting parties a reciprocal liberty of commerce and navigation. The in- commerce ,„a habitants of their respective States shall mutually have ° ayi « at ">°- liberty to enter the ports and commercial places of the territories of each party, wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories in order to attend to their affairs, and they shall enjoy to that effect the same security and protection as the natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there pre- vailing. Article II. Sardinian vessels arriving either laden or in ballast in the ports of the United States of America, and reciprocally vessels of the of United States arriving either laden or in ballastin the ports ^n"Vn°me°nthl of the dominions of His Sardinian Majesty, shall be treated "° rtf on their entrance, during their stay, and at their departure, upon the same footing as national vessels coming from the same place, with respect to the duties of tonnage, light-houses, pilotage, and port charges, as well as to the fees and perquisites of public officers and other duties or charges of whatever kind or denomination, levied in the name or to the profit of the Government, the t local authorities, or of any private estab- lishment whatsoever. 756 TREATIES AND CONVENTIONS. Article III. All kind of merchandise and articles of commerce either the produce importation by of the soil or the industry of the United States of America American v.sseis. or f an y tjj er country, which may be lawfully imported into the ports of the dominions of Sardinia in Sardinian vessels, may also be so imported in vessels of the United States of America without paying other or higher duties or charges of whatever kind or denomina- tion levied in the name or to the profit of the Government, tbe local authorities or of any private establishment whatsoever, than if the same importations bj merchandise or produce had been imported in Sardinian ves- surdmian vessels. ge ] gi And reciprocally all kind of merchandise and articles of commerce, either the produce of the soil, or of the industry of the dominions of Sardinia or of any other country, which may be lawfully imported into the ports of the United States, in vessels of the said States, may also be so imported in Sardinian vessels, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishment whatsoever, than if the same merchandise or pro-, duce had been imported in vessels of United States of America. Article IY. To prevent the possibility of any misunderstanding, it is hereby de- clared that the stipulations contained in the two preceding '"how Sea- articles are to their full extent applicable to Sardinian ves- tiom sels and their cargoes arriving in the ports of the United States of America, and reciprocally to vessels of the said States and their cargoes arriving in the ports of the dominions of Sardinia, whether the said vessels clear directly from the ports of the country to which they respectively belong, or from the ports of any other foreign country. Article V. All kind of merchandise and articles of commerce, which may lawfully be exported from the ports of the United States of America mw'export rrornThe in national vessels, may also be exported therefrom in Sar- United States, &c. , . . , 'ii 1 • j_i i • i n ,_• dinian vessels without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishment whatsoever, than if the same merchandise or articles of commerce had been exported in vessels of the United States of America. And reciprocally all kind of merchan- Ss'^ay'dVo™! dise and articles of commerce which may be lawfully ex- ported from the ports of the Kingdom of Sardinia in national vessels may also be exported therefrom in vessels of the United States of America without paying other or higher duties or charges, of what- ever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishment whatsoever, than if the same merchandise or articles of commerce had been exported in Sardinian vessels. Article VI. "So higher or other duties shall be imposed on the importation into SARDINIA, 1833 757 the United States of any article the produce or manufac- ture of Sardinia, and no higher or other duties shall be p-»?j ' e °« ° i" imposed on the importation into the Kingdom of Sardinia of ta any article the produce or manufacture of the United States, than are or shall be payable on the same article being the produce or manufacture of any other foreign country. Nor shall any prohibition be imposed on the importation or exportation of any article the produce of or the manu- facture of the United States or of Sardinia, to or from the ports of the United States, or to or from the ports of the Kingdom of Sardinia, which shall not equally extend to all other nations. Article VII. It is expressly understood and agreed that the preceding articles do not apply to the coastwise navigation of either of the two CoMliBgtrad , ,„. countries, which each of the two high contracting parties cept ' ! ' L reserves exclusively to itself. Article VIII. No priority or preference shall be given directly or indirectly by either of the high contracting parties, nor by any company, cor- P „r F rence of ™ poration, or agent acting in their behalf, or under their " mat '""' B - authority, in the purchase of any article of commerce lawfully imported on account of, or in reference to, the character of the vessel, whether it be of the one party or the other, in which such article was imported, it being the true intent and meaning of the contracting parties that no distinction or difference whatever shall be made in this respect. Article IX. If either party shall hereafter grant to any other nation any particular favor in commerce or navigation, it shall immediately become common to the other party, freely where it is freely granted to such other nation, or on yielding the same or an equivalent compen- sation, when the grant is conditional. Article X. Vessels of either of the high contracting parties arriving on the coasts of the other, but without the intention to enter a port, or ye «Bei3,&c, to be having entered not wishing to discharge the whole or any ™ t *L s „r°?hemort part of their cargoes, shall enjoy in this respect the same favoretl " aIi0M - privileges and be treated in the same manner as the vessels of the most favored nations. Article XI. When any vessel belonging to either of the contracting parties, or to , their citizens or subjects, shall be wrecked, foundered, or otherwise suffer damage on the coasts or within the domin- ions of the other, there shall be given to such vessel and all persons on board every aid and protection, in like manner as is usual and custom- ary to vessels of the nation where such shipwreck or damage happens; and such shipwrecked vessel, its merchandise, and other effects, or their proceeds, if the same shall have been sold, shall be restored to their owners, or to th ose entitled to tpcpj^p. them , upon the payment of such 758 TREATIES AND CONVENTIONS. costs of salvage as would have been paid by national vessels in the same circumstances. Article XII. Sardinian merchant-vessels being forced from stress of weather or ve>.de rorc^ into other unavoidable causes to enter a port of the United States port. f America, and reciprocally merchant- vessels of the said States entering the ports of His Sardinian Majesty from similar causes, shall be exempt from port charges and all other duties levied to the profit of the Government, in case the causes which have rendered such entry necessary are real and evident, provided such vessel does not en- gage in any commercial operation while in port, such as loading and un- loading merchandise, it beeing understood, nevertheless, that the unload- ing and reloading rendered necessary for the repair of the said vessel shall not be considered an act of commerce affording ground for the payment of duties, and provided also that the said vessel shall not prolong her stay in port beyond the time necessary for the repair of her damages. Article XIII. Considering the remoteness of the respective countries of the two v e s»oi» enteric a high contracting parties, a^d the uncertainty resulting blockaded port. therefrom with respect to the various events which may take place, it is agreed that a merchant-vessel, belonging to either of them, which may be bound to a port supposed at the time of its depart- ure to be blockaded, shall not however be captured or condemned for having attempted a first time to enter said port, unless it can be proved that said vessel could and ought to have learned during its voyage that the blockade of the place in question still continued. But all vessels which, after having been warned off once, shall, during the same voyage, attempt a second time to enter the same blockaded port during the con- tinuance of the said blockade, shall then subject themselves to be de- tained and condemned. Article XIV. All articles of commerce the growth or manufacture of the United States of America, and the products of their fisheries, with merce lc ano^ed^To the exception of salt, gunpowder, and tobacco manufactured thfoushfte Sardinian for use, shall be permitted to pass in transitu from the free temtor.es, c. p rt of Genoa through the territories of His Sardinian Majesty to any point of the inland frontier of the said territories ; and, vice versa, all articles of commerce coming from any one point of the Sardinian inland frontier, destined for the United States, shall be permitted to pass the territories of His Sardinian Majesty to the free port of Genoa with- out being liable to the payment of any duty whatever levied in the name or to the profit of the Government, the local authorities, or of any private establishment whatsoever, other than such as are required to meet the expenses of the necessary precautionary measures against smuggling, which precautionary measures to be observed in regard to transit to the frontier shall be the same whether the said articles of commerce are imported by the vessels of the one or of the other of the high contracting parties. But if. peculiar circumstances or considera- ble of transit tions should render the re-establishment of transit duties dutytobeg.ven. necessary on the said articles of commerce directed to any one point of the Sardinian frontier, the Sardinian Government, in re- serving to itself the full right to establish such duty, engages to notify SARDINIA, 1838. 759 to the Government of the United States such determination six months before any such transit duty shall be exacted. It is also understood that all articles of commerce imported directly from the Art . cto United States of America shall be taken and considered as nnS&"o^v'^ the products of the said States, and shall be entitled equally and in like manner, with the exceptions above mentioned in the present article, to a free transit through the territories of His Sardinian Majesty. Article XV. The two high contracting parties reciprocally grant to each other the liberty of haviDg each in the ports and other commercial places of the other, Consuls, Vice- Consuls, and Commercial Agents of their own appointment, who shall enjoy the same privileges, powers, and exemptions as those of the most favored nations. But if any of such Consuls shall exercise commerce, they shall be subjected to the same laws and usages to which the private individuals of their nation, or subjects or citizens of the most favored nations are subject in the same places, in respect to their commercial transactions. Article XVI. It is especially understood that whenever either of the two con- tracting parties shall select for a consular agent to reside in Citia r any port or commercial place of the other party a subject or nr'tT 8 awomS citizen of this last, such Consul or Agent shall continue to be regarded, notwithstanding his quality of a foreign Consul, as a subject or citizen of the nation to which he belongs, and consequently shall be submitted to the laws and regulations to which natives are subjected in the place of his residence. This obligation, however, shall in no respect embarrass the exercise of his consular functions, or affect the inviola- bility of the consular archives. Article XYI1. The said Consuls, Vice-Consuls, and Commercial Agents are authorized to require the assistance of the local authorities for the search, arrest, detention, and emprisonment of the deserters from the ships of war and merchant- vessels of their country. For this purpose, they shall apply to the competent tribunals, judges', and officers, and shall in writing demand said deserters, proving by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such individuals formed part of the crews ; and this re- clamation thus substantiated, the surrender shall not be refused. Such deserters when arrested shall be placed at the disposal of the said Consuls, Vice-Consuls, or Commercial Agents, and may be confined in the public prisons at the request and cost of those who shall claim them in order to be detained until the time when they shall be restored to the vessels to which they belonged, or sent back to their own country by "a vessel of the same nation or any other vessel whatsoever. But if not sent back within three months from the day of their arrest, they shall Deserters be set at liberty and shall not again be arrested for the same cause. If, however, the deserter should be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which his case should be depending shall have pronounced its sentence and such sentence shall have been carried into execution. 760 TREATIES AND CONVENTIONS. Article , XVIII. The citizens and subjects of each of the contracting parties shall have per»oiiai ood> &c P ower *° dispose of their personal goods within the jurisdic- tion of the other, by testament, donation, or otherwise, and their representatives, being citizens or subjects of the other party, shall succeed to their said personal goods,whether by testament or ab intestato, and may take possession thereof either by themselves or by others act- ing for them and dispose of the same at will, paying such taxes and dues only as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases. And, in case of the absence of the rep- resentatives, such care shall be taken of the said goods as would be taken of the goods of a native of the same country in like case, until the lawfull owner may take measures for receiving them. And if a question should arise among several claimants as to which of them said goods belong, the same shall finally be decided by the laws and judges of the land wherein the said goods are. And where, on the death of any person holding in case of real real estate within the territories of one of the contracting ^tate. parties, such real estate would by the laws of the land descend on a citizen or subject of the other party who by reason of alienage may be incapable of holding it, he shall be allowed a reasonable time to sell such real estate, and to withdraw and export the proceeds without molestation and without paying to the profit of the respective Govern- ments any other dues, taxes, or charges than those to which the inhab- itants of the country wherein said real estate is situated shall be subject to pay in like cases. Article XIX. The present treaty shall continue in force for ten years, counting from Duration of the the day of the exchange of the ratifications; and if, twelve treaty. months before the expiration of that period, neither of the high contracting parties shall have announced to the other by an official notification its intention to arrest the operation of the said treaty, it shall remain obligatory one year beyond that time, and so on until the expiration of the twelve months which will follow a similar notification, whatever is the time at which it may take place. Article XX. The present treaty shall be approved and ratified by the President of Ratification. ®* e ^ n ited States of America, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Sardinia; and the ratifications shall be exchanged in the city of Wash- • ington within ten months from the date of the signature thereof, or sooner if possible. In faith whereof the Plenipotentiaries of the contracting parties have signed the present treaty, and thereto affixed their respective seals. Done at Genoa this 26th November, 1838. NATHANIEL NILES. [l. s. SOLAR DE LA MARGUERITE, [l. b.[ SEPARATE ARTICLE. Circumstances of a peculiar nature rendering it necessary for His „., ., A ' Sardinian Majesty to continue for a time differential duties, Differential duties. , ,. -, . -, . en* n . ,. •■, A to the disadvantage ot foreign nags, on grain, ohve-oil, and SARDINIA, 1838. 761 wine, imported directly from the Black Sea, the ports of the Adriatic, and of those of the Mediterranean, as far as Cape Trafalgar, notwith- standing the general provisions of the articles No. 2, 3, and 4 of the present treaty, it is distinctly understood and agreed by the high, contracting parties, that the United States shall have full and entire liberty to establish countervailing differential duties on the same articles imported from the same places to the disadvantage of the Sardinian flag, in case the existing or any other differential duties on the said articles, shall be continued in force, to the disadvantage of the flag of the United States of America, by His Sardinian Majesty, beyond a period of four years, counting from the day of the exchange of the ratifications of the present treaty and separate article, but all countervailing differential duties on the said articles shall cease to be exacted from the time the United States Government shall have been informed officially of -the discontinuance of differential duties on the part of His Sardinian Majesty. The present separate article shall have the same force and value as if it were inserted word for word in the treaty signed this , -l-i-ni i>r> t • it , • Effect of this article. day, and shall be ratified in the same time. In faith whereof we, the undersigned, by virtue of our full powers, have signed the present separate article, and thereto affixed our respect- ive seals. Done at Genoa the 26th November, 1838. NATHANIEL MLES. SOLAR DE LA MARGUERITE. L. S. L. S. SAXONY SAXONY, 1845. CONVENTION FOR THE MUTUAL ABOLITION OF 'THE DROIT D'AUBAINE AND TAXES ON EMIGRATION. CONCLUDED MAY 14, 1845; RATIFICATIONS EXCHANGED AUGUST 12, 1846 ; PROCLAIMED SEPTEMBER 9, 1846. The United States of America, on the one part, and His Majesty the King of Saxony, on the other part, being equally desirous of removing the restrictions which exist in their territories upon the acquisition and -transfer of property by their respective citizens and subjects, have agreed to enter into negotiations for this purpose. For the attainment of this desirable object, the President of the United States of America has conferred full powers on Henry Wheaton, their Envoy Extraordinary and Minister Plenipo- tentiary at the Court of His Majesty the King of Prussia, and His Maj- esty the King of Saxony upon John DeMinckwitz, his Minister of State, Lieutenant-General, Envoy Extraordinary and Minister Plenipotentiary at the said Court ; Who, after having exchanged their said full powers, found in due and proper form, have agreed to the following articles : Article I. Everj- kind of droit d'aubaine, droit de retraite, and droit de d^trae- Dmit d'aubame, tion or tax on emigration, is hereby and shall remain abo- & c .,at,oii.hed. ' ijghefl between the two contracting parties, their States, citizens, and subjects, respectively. Article II. Where, on the death of any person holding real property within the ter- Bei» to»»i prop- ritories of one party, such real property would by the laws the r >amraa the twenty-ninth day of May, in the year one thousand eight 1856 - hundred and fifty-six of the Christian era, and of the Independence of the United States the eightieth, corresponding to the tenth of the waning moon of the lunar month, Wesakh, or sixth month of the year of the Quadruped Serpent of the Siamese civil era, one thousand two hundred and eighteen, and the sixth of the reign of their Majesties the First and Second Kings of Siam. L. l. s. TOWXSEND HARRIS. [l. s.] [l. s.] [l. s.] [l. s.] General regulations under which American trade is to he' conducted in Siam. Regulation I. The master of every American ship coming to Bang- kok to trade, must, either before or after entering the river, as may be found convenient, report the arrival of his vessel at the custom-house at Paknam, together with the number j? i ■ -i i ii j, /> i -i Arrivals of vessels. of his crew and guns, and the port from whence he comes. Upon anchoring his vessel at Paknam, he will deliver into the custody of the custom-house officers all his guns and ammunition, and a custom- house officer will then be appointed to the vessel, and will proceed in her to Bangkok. Regulation II. A vessel passing Paknam without discharging her guns and ammunition, as directed in the foregoing regula- PenaItT for viola . tion, will be sent back to Paknam, to comply with its pro- t!on - visions, and will be fined eight hundred ticals for having so disobeyed. After delivery of her guns and ammunition, she will be permitted to return to Bangkok to trade. Regulation III. When an American vessel shall have cast anchor at Bangkok, the master, unless a Sunday should intervene, will, within four and twenty hours after arrival, proceed to the American consulate and deposit there his ship's papers, bills of lading, &c, together with a true manifest of his import cargo ; and upon the Consul's reporting these particulars to the custom-house, permission to break bulk will at once be given by the latter. * Signatures of Sia.mp.sp, Plp.TiinnMntia,rip,s. 772 TREATIES AND CONVENTIONS. For neglectiog so to report his arrival, or for presenting a false mani- fest, the master will subject himself, in each instance, to a penalty of four hundred ticals ; but he will be allowed to correct, within twenty-four hours after delivery of it to the Consul, any mistake he may discover in his manifest, without incurring the above- mentioned penalty. Eegtjlation IV. An American vessel breaking bulk and commencing S]nu ]iu fa to discharge before due permission shall be obtained, or smuggling, either when in the river or outside the bar, shall be subject to the penalty of eight hundred ticals, and confiscation of the goods so smuggled or discharged. Eegtjlation Y. As soon as an American vessel shall have discharged clearance ^r vea- her cargo, and completed her outward lading, paid all her ,els - duties, and delivered a true manifest of her outward cargo to the American Consul, a Siamese port clearance shall be granted her, on application from the Con sul, who, in the absence of any legal im pediment to her departure, will then return to the master his ship's papers, and allow the vessel to leave. A custom-house officer will accompany the vessel to Paknam, and on arriving there she will be inspected by the cus- tom-house officers of that station, and will receive from them the guns and ammunition previously delivered into their charge. Eegtjlation VI. The American Plenipotentiary having no knowledge x of the Siamese language, the Siamese Government have «r these "Aviations agreed that the English text of these regulations, together with the treaty of which they form a portion, and the tariff hereunto annexed, shall be accepted as conveying, in every respect, their true meaning and intention. Eegtjlation VIL All American citizens intending to reside in Siam shall be registered at the American Consulate ; they shall American citizens , ., -.-. -i,-i-i**j--ii mtendins to reside .71 not go out to sea nor proceed beyond the limits assigned by 'pHySeges, fa. the treaty for the residence of American citizens without a passport from the Siamese authorities, to be applied for by the American Consul; nor shall they leave Siam if the Siamese author- ities show to the American Consul that legitimate objections exist to their quitting the country. But within the limits appointed under Article IV of the treaty, American citizens are at liberty to travel to and fro, under the protection of a pass to be furnished them by the American Consul, and counter-sealed by the proper Siamese officer, stating in the Siamese character their names, calling, and description. The Siamese officers at the Government stations in the interior may at any time call for the production of this pass ; and immediately on its being exhibited, they must allow the parties to proceed; but it will be their duty "to detain those persons who, by travelling without a pass from the Consul, render themselves liable to the suspicion of their being deserters, and such detention shall be immediately reported to the Consul. l. s. l. s. TOWNSEND HAEEIS. [l. s.] [l. s.| [l. s.] [l. s.]' Tariff of export and inland duties to be levied on articles TarirTo, duties. ^ f trade.' Section I. The undermentioned articles shall be entirely free from Article, pa^g ex- inland or other taxes on production or transit, and shall pay pon duty only. export duty as follows : * Signatures of Siamese Plenipotentiaries. SIAM, 1856. 773 Tical. Sailing. Fuang. Hun. 1. Ivory -. 10 per pecul. 2. Gamboge 6 " 3. Rhinoceros'horns 50 " E ">°' td »»- 4. Cardamums, best 14 " 5. Ditto, bastard 6 " 6. Dried mussels 10 0" 7. Pelicans' quills 2 2 " . 8. Betel nut, dried 10 0" 9. Krachi wood 2 " 10. Sharks' fins', white . 6 " 11. Ditto, black 3 " 12. Lukkrabau seed 2 " 13. Peacocks' tails 10 per 100 tails. 14. Buffalo and cow bones 3 per pecul. 15. Bhinoceros' hides 2 " 16. Hide cuttings 1 " 17. Turtle shells 10 0" 18. Soft ditto 10 0" 19. B§che de mer 3. " ■ 20. Pish maws 3 " 21. Birds' nests, uncleaned 20 per cent. 22. Kingfishers' feathers 6 per 100. 23. Cutch.. 2 per pecul. 24. Beyche" seed, (nux vomica) 2 " 25. Pungtarai seed 2 " 26. Gum Benjamin 4 " 27. Angrai bark 2 0" 28. Agilla wood 2 " 29. Bay skins 3 0" 30. Old deers' horns 1 " 31. Soft or young ditto 10 per cent. 32. Deer hides, fine 8 per 100 hides. 33. Ditto, common 3 0" 34. Deer sinews 4 per pecul. 35. Buffalo and cow hides 1 " 36. Elephants' bones 10 0" 37. Tigers' bones 5 " 38. Buffalo horns 10 0" 39. Elephants' hides 1 " 40. Tigers' skins 1 per skin. 41. Armadillo skins 4 per pecul. 42. Stick lac 1 1 " 43. Hemp 12 0" 44. Dried fish, paheng 1 2 " 45. Ditto, plasalit 1 " 46. Sapan wood 2 1 " 47. Salt meat 2 " 48. Mangrove bark 1 " 49. Rosewood 2 " 50. Ebony 1 , 1 " 51. Bice 4 per royan. Section II. The undermentioned articles, being subject to the inland or transit duties herein named, and which shall not be Arti< .i e8payi in . increased, shall be exempt from export duty. la " d i«"« p SS!' "" 774 TREATIES AND CONVENTIONS. / Tioal. Sailing. Fuang. Hun. 52. Sugar, white 2 per pecul. *"* 53. Ditto, red 10 " 54. Cotton, cleaned and un- cleaned 10 per cent. 55. Pepper 10 0" 56. Salt fish, platu 10 per 10,000 fish. 57. Beans and peas one-twelfth. 58. Dried prawns '■ one-twelfth. 59. Tilseed one-twelfth. 60. Silt, raw one-twelfth. 61. Beeswax one-fifteenth. 62. Tallow 1 per pecul. 63. Salt , ,. 6 perroyan. 64. Tobacco , 12 per 1,000 bundles. Section III. All goods or produce unenumerated in this tariff shall be free of export duty, and shall only be subject to one """"bfrreeTr inland tax or transit duty, not exceeding the rate now paid. [l: S.] TOWNSEND HAEEIS. [L. S. | [L. S.] [L. S.] [L. S.] [L. S.] * tides to duty. SIAM, 1867. MODIFICATION, CONCLUDED DECEMBER 17-31, 1867, TO TREATY BETWEEN THE UNITED STATES AND SIAM OF MAY 29, 1856. RATIFIED AUGUST 11, 1868, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. No. 72.] United States Consulate, Bangltolc, 'Deer. 31st, 1867. To Hon. F. W. Seward, Assistant Secretary of State, Washington, D. C. Sir : I have the honor to inform the Department that I have received a letter from His Excellency Chaw Phaya Praklang, Minister of Foreign Affairs, informing me that the Boyal Counsellors for the Kingdom of Siam desire to change article first of the Treaty Begulations, and that the change shall go into effect on January 1st, 1868. The article alluded to is as follows, viz : " Every shipmaster upon anchoring his vessel at Paknam will deliver into the custody of the custom-house officers all his guns and ammuni- tion, and a custom-house officer will then be appointed to the vessel, and will proceed in her to Bangkok." The article as changed will require that the powder alohe be left at Paknam, but that the guns be allowed to remain in the vessel. I have given my assent to the change, and all the other Consuls have done the same. The change is a very advantageous one to shipmasters, as in [the,] shipping and reshipping of their guns, some of which were heavy, was attended with much delay and expense ; whereas they generally have * Signatures of Siamese Plenipotentiaries. SIAM, 1867. 775 but a few pounds of powder on board, which can be boxed up and put ashore in a very short time. I have the honor to. be, sir, your obedient servant, J. M. HOOD, U. 8. Consul. CHAW PHAYA PEAKLANG, MINISTER OP FOREIGN APPAIKS OF THE KINGDOM OF SIAM, To Mr. J. M. Hood, U. 8. Consul, Saying : That the Senabodee of the Kingdom of Siam have considered this matter, and have come to the conclusion that as they saw that Siam was near the water, and that trading ships could ascend to the city, for this reason they asked a clause in the treaties that all guns and powder should be landed at Paknaui before the ship would ascend the river. The Ministers Plenipotentiary also were of the same opinion, and yielded this point to the Siamese in the treaties. When a vessel came in and the Chaw Pausk-nan at Paknam received the guns and powder off the vessel that [they] found it very difficult to take care of the powder, and were afraid of an explosion, and for this reason they did not receive the powder from the vessel, but simply the guns. Butnowalongtime since the Senabodee are of the opinion that the taking off of the guns at Paknam is a source of trouble to the vessels, for they took off guns belonging to many persons, and when the vessels come [came] down again it was often after night, and when the captains went for their guns the wrong ones were frequently taken, and when the vessel coming afterwards could not find her own guns, there was a fuss, and the Siamese officers had frequently to pay for the guns. Again, the powder was left in the A r essels, and they coming up and an- choring in the river, there was danger of an explosion and injury to the citizens here. Therefore the, Senabodee have ordered me to write to all the Consuls and ask that the custom be changed from January 1st, 1868. We ask to take out the powder of the vessels at Paknam, but the guns can be left in the vessels and need not be taken out. If you are also of the same opinion, you will please inform masters of vessels and others under your protection to this effect. When the vessel comes to Paknam let them take out all the powder, but if they refuse to let the powder be taken out, and it remains in the vessel, and there arises any difficulty from that fact, we [beg to] claim indemnity according to the treaty. Given Tuesday, December 17th, 1867. „ SPAIN SPAIN, 1795. , TREATY OF FRIENDSHIP, LIMITS, AND NAVIGATION, BETWEEN THE UNITED STATES OP AMERICA AND THE KING OP SPAIN. CONCLUDED OCTOBER 27, 1795; RATIFICATIONS EXCHANGED APRIL 25, 1796; PROCLAIMED AU- GUST 2, 1796. His Catholic Majesty and the United States of America, desiring to consolidate, on a permanent basis, the friendship and good correspond- ence which happily prevails between the two parties, have determined to establish, by a convention, several points, the settlement whereof will be productive of general advantage and reciprocal utility to both nations. With this intention, His Catholic Majesty has appointed the most excellent Lord Don Manuel de Godoy, and Alvarez de Faria, Eios, Sanchez, Zarzosa, Prince de la Paz, Duke de la Alcudia, Lord of the Soto de Eoma, and of the State of Albala, Grandee of Spain of the first class, perpetual Eegidor of the citty of Santiago, Knight of the illustrious Order of the Golden Fleece, and Great Cross of the Eoyal and dis- tinguished Spanish Order of Charles the III, Commander of Valencia del Ventoso, Eivera, and Acenchal in that of Santiago ; Knight and Great Cross of the religious Order of St. John ; Counsellor of State ; first Secretary of State and Despacho ; Secretary to the Queen ; Super- ihtendant General of the Posts and Highways; Protector of the Eoyal Academy of the Noble Arts, and of the Eoyal Societies of Natural His- tory, Botany, Chemistry, and Astronomy; Gentleman of the King's Chamber in employment; Captain General of his Artnies; Inspector and Major of the Eoyal Corps of Body Guards, &a., &a., &a., and the President of the United States, with the advice and consent of their Senate, has appointed Thomas Pinckney, a citizen of the United States, and their Envoy Extraordinary to His Catholic Majesty. And the said Plenipotentiaries have agreed upon and concluded the following articles: Article I. There shall be a firm and inviolable peace and sincere friendship between His Catholic Majesty, his successors and subjects, and the United States and their citizens, without exception of persons or places. Article II. To prevent all disputes on the subject of the boundaries which sepa- rate the territories of the two high contracting parties, it is Bandar, "* hereby declared and agreed as follows, to wit : The southern boundary of the United States, which divides their territory from the Spanish colonies of East and West Florida, shall be designated by a line beginning on the Eiver Mississippi, at the northernmost part of the thirty-first degree of latitude north of the equator, which from thence shall be drawn due east to the middle of the Eiver Apalachicola, or Catahouche, thence along the middle thereof to its junction with the SPAIN, 1795. 777 > Flint; thence straight to the head of St. Mary's Eiver, and thence down the middle thereof to the Atlantic Ocean. And it is agreed that if there should be any troops, garrisons, or settlements of either party in the territory of the other, according to the above-mentioned bounda- ries, they shall be withdrawn from the said territory within the term of six months after the ratification of this treaty, or sooner if it be possible ; and that they shall be permitted to take with them all the goods and effects which they possess. Article III. In order to carry the preceding article into effect, one Commissioner and one Surveyor shall be appointed by each of the contracting parties, who shall meet at the Natchez, on the left side of the Eiver Mississippi, before the expiration of six months from the ratification of this conven- tion, and they shall proceed to run and mark this boundary according to the stipulations of the said article. They shall make plats and keep journals of their proceedings, which shall be considered as part of this convention, and shall have the same force as if they were inserted therein. And if on any account it should be found necessary that the said Commissioners and Surveyors should be accompanied by guards, they shall be furnished in equal proportions by the commanding officer of His Majesty's troops in the two Floridas, and the commanding officer of the troops of the United States in their southwestern territory, who shall act by common consent, and amicably, as well with respect to this point as to the furnishing of provisions and instruments, and making every other arrangement which may be necessary or useful for the exe- cution of this article. Article IV. It is likewise agreed that the western boundary of the United States which separates them from the Spanish colony of Louissiana, is in the middle of the channel or bed of the Eiver Mississippi, from the northern boundary of the said States to the cpmpletion of the thirty-first degree of latitude north of the equator. And His Catholic Majesty has like- wise agreed that the navigation of the said river, in its whole breadth from its source to the ocean, shall be free only to his subjects and the .citizens of the United States, unless he should extend this privilege to the subjects of other Powers by special convention. Article V. The two high contracting parties shall, by all the means in their power, maintain peace and harmony among the several Indian nations who inhabit the country adjacent to the lines aaa"c^>ict a i!ia and rivers, which, by the preceding articles, form the bounda- lndia "'' ries of the two Floridas. And the betftjer to obtain this effect, both parties oblige themselves expressly to restrain by force all hostilities on the part of the Indian nations living within their boundaries : so that Spain will not suffer her Indians to attack the citizens of the United States, nor the Indians inhabiting their territory; nor will the United States permit these last-mentioned Indians to commence hostilities against the subjects of His Catholic Majesty or his Indians, in any man- ner whatever. And whereas several treaties of friendship exist between the two con- tracting parties and the said nations of Indians, it is hereby agreed that in future no treaty of alliance, or other whatever, (except treaties of 778 TREATIES AND CONVENTIONS. peace,) shall be made by either party with the Indians living within the boundary of the other, but both parties will endeavour to make the advantages of the Indian trade common and mutually beneficial to their respective subjects and citizens, observing in all things the most com- plete reciprocity ; so that both parties may obtain the advantages arising irom a good understanding with the said nations, without being subject to the expence which they have hitherto occasioned. Article VI. Each party shall endeavour, by all means in their power, to protect Ead, „atio n to pro- and defend all vessels and other effects belonging to the othefLThet" °™" citizens or subjects of the other, which shall be within the diction. extent of their jurisdiction by sea or by land, and shall use all their efforts to recover, and cause to be restored to the right owners, their vessels and effects which may have been taken from them within the extent of their said jurisdiction, whether they are at war or not with the Power whose subjects have taken possession of the said effects. Article VII. And it is agreed that the subjects or citizens of each of the contract- ing parties, their vessels or effects, shall not be liable to any embargo or detention on the part of the other, for any mili- tary expedition or other public or private porpose whatever; and in all sei^re for ( i=bts cases of seizure, detention, or arrest for debts contracted, or .or crime*. offences cominit[t]ed by any citizen or subject of the one party within the jurisdiction of the other, the same shall be made and prosecuted by order and authority of law only, and according to the regular course of proceedings usual in such cases. The citizens aud subjects of both parties shall be allowed to employ such advocates, solici- tors, notaries, agents, and factors, as they may judge proper, in all their affairs, and in all their trials at law, in which they may be concerned, before the tribunals of the other party; and such agents shall have free access, to be present at the proceedings in such causes, and at the tak- ing of all examinations and evidence which may be exhibited in the said trials. Article VIII. In case the subjects and inhabitants of either party, with their ship- ping, whether public and of war, or private and of merch ants, po!r D y 8 s f ?r c e e s»"of be forced, through stress of weather, pursuit of pirates or enemies, or any other urgent necessity, for seeking of shel- ter and harbor, to retreat and enter into any of the rivers, bays, roads, or ports belonging to the other party, they shall be received and treated with all humanity, and enjoy all favor, protection, and help, and they shall be permitted to refresh and provide themselves, at reasonable rates, with victuals and all things needful for the sustenance of their persons, or reparation of their ships and prosecution of their voyage; and they shall no ways be hindered from returning out of the said ports or roads, but may remove aud depart when and whither they please, without any let or hindrance. Article IX. All ships and merchandize, of what nature soever, which shall be SPAIN, 1795. 779 rescued out of the hands of any pirates or robbers on the high seas, shall be brought into some port of either state, ^rEL't^"!," and. shall be delivered to the custody of the officers of that res " ,red ' port, in order to be taken care of, and restored entire to the true pro- prietor, as soon as due and sufficient proof shall be made concerning the property thereof. Article X. When any vessel of either party shall be wrecked, foundered, or other- wise damaged, on the coasts or within the dominion of the Ve9se „ vvr8( , ked other, their respective subjects or citizens shall receive, as or < oa " l " e < 1 - well for themselves as for their vessels and effects, the same assistance which would be due to the inhabitants of the country where the damage happens, and shall pay the same charges and dues only as the said in- habitants would be subject to pay in a like case; and if the operations of repair would require that the whole or any part of the cargo be un- laden, they shall pay no duties, charges, or fees on the part which they shall relade and carry away. Article XL The citizens and subjects of each party shall have power to dispose of their personal goods, within the jurisdiction of the other, Estates()fl i eceM ed', by testament, donation, or otherwise, and their representa- pe "" m8 - tives being subjects or citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestato, and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein the said goods are, shall be sub- ject to pay in like cases. And in case of the absence of the representative, such care shall be taken of the said goods, as would be taken of the goods of a native in like case, until the lawful owner may take measures for receiving them. And if questions shall arise among several claimants to which of them the said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. And where, on the death of any person holding real estate within the territories of the one party, such real estate would by the laws of the land descend on a citi- zen or subject of the other, were he not disqualified by being an alien, such subjects shall be allowed a reasonable time to sell the same, and to withdraw the proceeds without molestation, and exempt from all rights of detraction on the part of the Government of the respective States. Article XII. The merchant-ships of either of the parties which shall be making into a port belonging to the enemy of the other party, and ■ i tit ■/>ti - i* esaeis suspected concerning whose voyage, and the species of goods on board »mi exhibit „„». no its and uertificafrea her, there shall be just grounds of suspicion, shall be obliged to exhibit as well upon the high seas as in the ports and havens, not only her passports, but likewise certificates, expressly shewing that her goods are not of the number of those which have been prohibited as contraband. t Article XIII. For the better promoting of commerce on both sides, it is agreed, that if a war shall break out between the said two nations one year after the proclamation of war shall be allowed to In case of war. 780 , TEEATIES AND CONVENTIONS. the merchants, in the cities and towns where they shall live, for collect- ing and transporting their goods and merchandizes : And if anything be taken from them or any injury be done them within that term, by either party, or the people or subjects of either, full satisfaction shall be made for the same by^the Government; Article XIV. No subject of His Catholic Majesty shall apply for, or take auy com- mission or letters of marque, for arming any ship or ships An.™ pnvateem ^ ^ &g pj-jy^ggpg a g a i ns t the said United States, or against the citizens, people, or inhabitants of the said United States, or against the property of any of the inhabitants of any of them, from any Prince or State with which the said United States shall be at war. Nor shall any citizen, subject, or inhabitant of the said United States apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the subjects of His Catholic Majesty, or the property of any of them, from any Prince or State with which the said King shall be at war. And if any person of either nation shall take such commissions or letters of marque, he shall be punished as a pirate. Article XV. It shall be lawful- for all and singular the subjects of His Catholic Majesty, and the citizens, people, and inhabitants of the Liberty ortmde. ^.^ Tj n jted States, to sail with their ships with all manner of liberty and security, no distinction being made who are the propri- etors of the merchandizes laden thereon, from any port to the places of those who now are, or hereafter shall be, at enmity with His Catholic Majesty or the United States. It shall be likewise lawful for the subjects and inhabitants aforesaid, to sail with the ships apd mer- chandizes aforementioned, and to trade with the same liberty and secur- ity from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned, to neutral places, but also from one place belonging to an enemy, to another place belonging to an enemy, whether they be under the jurisdiction of the Free s hi > make same Prince or under several ; and it is hereby stipulated free re goo 8 d 8 I f a ex 1 c , ep° that free ships shall also give freedom to goods, and that everything shall be deemed free and exempt which shall be found on board the ships belonging to the subjects of either of the con- tracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either ; contraband goods being always ex- cepted. It is also agreed that the same liberty be extended to persons who are on board a free ship, so that, although they be enemies to either party, they shall not be made prisoners or taken out of that free ship, unless they are soldiers and in actual service of the enemies. Article XVI. This liberty of navigation and commerce shall extend to all kinds of merchandizes, excepting those only which are distinguished Contraband articles. , . , ' n , , ■% -,-,.-.. « , by the name of contraband ; and under this name of contra- band or prohibited goods, shall be comprehended arms, great guns, bombs, with the fusees, and other things belonging to them, cannon-ball, gun- powder, match, pikes, swords, lances, speards, halberds, mortars, petards, granades, salpetre, muskets, musket-balls, bucklers, helmets, breast- plates, coats of mail, and the like kind of arms proper for arming sol- Additional note to Article XVII, Treaty of 1795 with Spain, page 781. [Private.] Georgetown (Col.) 3 Novr. 1814. Sir: Averse to a correspondence with the writer of the enclosed letter, but willing to answer the object for public purposes, I take the liberty of doing it to you. No form of a passport was annexed to the treaty with Spain, though referred to in one of the articles as annexed. To remedy this defect, the Secretary of State agreed with the Chevalier (now Marquis) Yrujo, Envoy of Spain, upon a form which has been constantly printed in the Spanish language, in the sea-letters- issued to American ves- sels. It was closely translated from one of the other passports in the ordinary formu- lary, under the inspection of the Chevalier. From which of them I do not recollect — most probably it was from that contained in the treaty with Great Britain. My knowl- edge of the matter is the more certain from having had some agency in it. I suppose there must be something in the correspondence of the Department of State in perpetuam rei memoriam, but as it passed about 18 years ago I cannot refer to it from memory. Among the printed State-Papers I collected and had hound together, when employed in the Department of State, was a quarto volume, comprehending an official copy of the treaty as promulged by the Spanish Sovereign. If the volume remains in the office, it may be consulted with advantage, as it embraces a variety of passports prescribed in consequence of the treaty and probably adopts and sanctions the one agreed upon at Philadelphia, as above explained. With great consideration, I remain, sir, your most obed. servant, JACOB WAGNEE. James Monroe, Esqr., .. In faith whereof we, the underwritten Plenipotentiaries, have signed this convention, and have affixed thereto our respective seals. Done at Madrid this 11th day of August, 1802. PEDKO CEVALLOS. [l. s, > CHAKLES PINCKXEY. [l. s Rights founded on :ni!i-i from excesses ofi'o reign cruibere. SPAIN, 1819. TEEATY OF AMITY, SETTLEMENT, AND LIMITS BETWEEN THE UNITED STATES OF AMERICA AND HIS CATHOLIC MAJESTY CONCLUDED FEB- RUARY 22, 1819; RATIFICATIONS EXCHANGED FEBRUARY 22, 1821; PRO- CLAIMED FEBRUARY 22, 1821.(a.) ALSO, RATIFICATION OF THE SAME BY THE KING OF SPAIN, OCTOBER 24, 1820. The United States of America and His Catholic Majesty, desiring to consolidate, on a permanent basis, the friendship and good -, ' i'ii •! -ii, ,1, Mutual desire to correspondence which happily prevails between the two connate friend- parties, have determined to settle and terminate all their (a) See "An act lor carrying into execution the treaty between the United States and Spain, concluded at Washington on the twenty-second day of February, one thou- sand eight hundred and nineteen," approved March 3, 1821, in Statutes at Large, vol. 3, p. 637. The decisions of the Supreme Court, in cases arising under this treaty, have been : By the treaty of St. Ildefonso, made on the first of October, 1800, Spain ceded Louis- iana to France ; and France, by the treaty of Paris, signed the 30th of April, 1803, ceded it to the United States. Under this treaty the United States claimed the countries between the Iberville and the Perdido. Spain contended that her cession to France comprehended only that territory, which, at the liine of the cession, was denominated Louisiana, consisting of the island of New Orleans, and the country which had been 50 786 TREATIES AND CONVENTIONS. differences and pretensions, by a treaty, which shall designate, with precision, the limits of their respective bordering territories in North America. With this intention the President of the United States has furnished with their full powers John Quincy Adams, Secretary of State of the said United States ; and His Catholic Majesty has ap- pointed the Most Excellent Lord Don Luis De Onis, Gonzales, Lopez y Vara, Lord of tlie town of Kayaces, Perpetual Eegidor of the Corporation of the city of Salamanca, Knight Grand Cross of the.Boyal American Or- der of Isabella the Catholic, decorated with the Lys of La Vendue,. Kuight Pensioner of the Eoyai and Distinguished Spanish Order of Charles the Third, Member of the Supreme Assembly of the said Eoyal Order 5 of the Council of His Catholic Majesty; His Secretary, with Exercise, of Decrees, and His Envoy Extraordinary and Minister Plenipotentiary near the United States of America; And the said Plenipotentiaries, after having exchanged their powers, have agreed upon and concluded the following articles.: Article I. There shall be a firm and inviolable peace and sincere friendship Firm and m™iRM«, between the United Stages and their citizens and His pea* undfriemi.tip. Catholic Majesty, his successors and subjects, without ex- ception of persons or places. originally ceded to her by France west of the Mississippi. The land claimed by the plaintiff's in error, under a grant from the Crown of Spain, madeafter the treaty of St. Ildefonso, lies within the disputed territory ; and this caBe presents the question, to whom did the country between the Iberville and Perdido belong after the treaty of St. Ildefonso ? Had Fiance and Spain agreed upon the boundaries of the retroceded territory before Louisiana was acquired by the United States, that agreement would undoubtedly have ascertained its limits. But the declarations of France, made after parting with the province, cannot be admitted as conclusive. Iu questions of this character, political considerations have too much influence over the conduct of nations, to permit their declarations to decide the course of an independent government, in a matter vitally interesting to itself. (Foster et al. v. Neilson, 2 Peters, 303.) IfalBpauisb grantee had obtained possession of the land in dispute, so as to be the defendant, would a court of the United States maintain his title under a Spanish grant, made subsequent to the acquisition of Louisiana, singly on the principle that the Spanish construction of the treaty of St. Ildefonso was right, and the Americau con- struction wrong ? Such a decision would subvert those principles which govern the relations between the legislative and judicial departments, and mark the limits of each. (Bid., 309.) The sound construction of the 8th article of the treaty between the United State9 and Spain, of the 22dof February, 1819, will not euable the court to apply its provis- ions to the case of the plaintiff. (Ibid., 314.) The article does not declare that all the grants made by His Catholic Majesty before the 24th of January, 1818, shall.be valid to the same extent as if the ceded territories had remained under his domiuiou. It does not say that those grants are hereby con- firmed. ' Had such been its language, it would have acted directly on the subject, and it would have repealed those acts of Congress which were repugnant to it; but its lan- guage is that those grants shall be ratitied and confirmed to the persons iu possession, &c. By whom shall they be ratified and confirmed? This seems to be the language of contract; and if it is, the ratification and confirmation which are promised must be the act of the legislature. Until such acts shall be passed, the court is not at lib- erty to disregard the existing laws on the subject. (Ibid.) By the treaty by which Louisiana was acquired, the United States stipulated that the inhabitants of the ceded territories should be protected in the free enjoyment, of their property. The United States, as a just nation, regard this stipulation as the avowal of a principle which would have been held equally sacred, although it had not been inserted in the treaty. (Soulard et al. v. The Uuited States, 4 Peters, 511.) The term property, as applied to lands, comprehends every species of title, inchoate or complete. It is supposed to embrace those rights which lie iu contract ; those which are executory, as well as those which are executed. In this respect, the relation of the SPAIN, 1819. 787 Abtiolb II. His Catholic Majesty cedes to the United States, in full property and sovereignty, all the territories which belong to him, situated CniMc Ma to the eastward of the Mississippi, known by the name of y»w" ^ the riori- East and West EJorida. The adjacent islands dependent on said provinces, all public lots and squares, vacant lands, „, iw iKhlWi , public edifices, fortifications, barracks, and other buildings, ee " sion - which are not private property, archives and documents, which relate directly to the property and sovereignty of said provinces, are included in this' article. The said archives and documents shall be left in pos- session of the commissaries or ofticers of the United States, duly au- thorized to receive them. Akticlb III. The boundary line between the two countries, west of the Mississippi, shall begin on the Gulph of Mexico, at the mouth of the river Sabine, in the sea, continuing north, along the western bank of that river, to the 32d degree of latitude; thence, by a line due. north, to the degree of latitude where it strikes the Rio Roxo of Nachi- toches, or Red River; then following the course of the Rio Roxo west- ward, to the degree of longitude 100 west from London and 23 from Washington; thin, crossing the said Red River, and running thence, by a line due north, to the river Arkansas; thence, following the course inhabitants of Louisiana to their government is not changed. The new government takes the place of that which has passed away. (Ibid.) The stipulations of the treaty ceding Louisiana to the United States, affording that protection or security to claims under the French or Spanish government to which the act of Congress refers, are in the first, second, and third articles. They extended to all property, until Louisiana became a member of the Union ; into which the inhabitants were to be incorporated as soon as possible, " and admitted to all the rights, advantages, and immunities of citizens of the United States." The perfect inviolability and security of property is among these rights. (Delassns v. The United States, 9 Peters, 1X7.) The right of property is protected and secured by the treaty, and no principle is bet- ter settled in this country than that an inchoate title to lands is property. This right would have been sacred, independent of the treaty. The sovereign who acquires an inhabited country, acquires full dominion over it ; but this dominion is never supposed to divest the vested rights of individuals to property. The language of the treaty ced- ing Louisiana excludes any idea of interfering with private property. (Ibid.) •After the acquisition of Florida by the United States, in virtue of the treaty with Spain of 22d of February, 1819, various acts of Congress were passed for the adjust- ment of private land-claims within the ceded territory. The tribunals authorized to decide on them were not authorized to settle any which exceeded a league square ; on those exceeding that quantity they were directed to report, especially, their opinion for the future action of Congress. The lands embraced in the larger claims were defined by surveys, and plats retained. These were reserved from sale, and remained unsettled until some resolution should be adopted for a final adjudication of them, which was done by the passage of the law of the 22d May, 1828. By the sixth section it was provided " that all claims to land within the Territory of Florida, emoraced by the treaty, which shall not be finally decided and settled uuder the provisions of the same law, containing a greater quantity of land than the commissioners were author- ized to decide, and above the amount confirmed by the act, and which have not been reported as antedated or forged, shall be received and adjudicated by the judges of the superior court of the district in which the land lies, upon the petition of the claimant, , according to the forms, rules and regulations, conditions, restrictions, and regulations prescribed to the district judge, and to the claimants, by the act of 26th May, 1824." By a proviso, all claims annulled by the treaty, and all claims not presented to the commissioners, &c, according to the acts of Congress, were excluded. (United States v. Arredondo et al., 6 Peters, 706.) The validity of concessions of land by the authorities of Spain in East Florida, is expressly recognized in the Florida treaty, and in the several acts of Congress. (Ibid.) , The eighth article allows the owners of land the same time for fulfilling the condi- tions of their grants from the date of the treaty, as is allowed in the grant from the 788 • TREATIES AND CONVENTIONS. of the southern bank of the Arkansas, to its source, in latitude 42 north; and thence, by that parallel of latitude, to the South Sea. The whole being as laid down in Melish's map of the United States, published at Philadelphia, improved to the first of January, 1818. But if the source of the Arkansas River shall be found to fall north or south of latitude 42, then the line shall run from the said source due south or north, as the case may be, till it meets the said parallel of latitude 42, and thence, along the said parallel, to the South Sea : All the islands in the Sabine^ and the said Red and Arkansas Rivers, throughout the course thus described, to belong to the United States; but the use of the waters, and the navigation of the Sabine to the sea, and of the said rivers Roxo and Arkansas, throughout the extent of the said boundary, on their re- spective banks, shall be common to the respective inhabitants of both nations. The two high contracting parties agree to cede and renounce all their rights, claims, and pretensions, to the territories described by the said line, that is to say : The United States hereby cede to His Catholic Ma- jesty, and renounce forever, all their rights, claims, and pretensions, to the territories lying west and south of the above-described line ; and, in like manner, His Catholic Majesty cedes to the said United States all his rights, claims, and pretensions to any territories east and north of the said line, and for himself, his heirs, and successors, renounces all claim to the said territories forever. date of the instrument. And the act of the 8th of May, 1822, requires every person claiming title to lands under any patent, grant, concession, or order of survey dated previous to the 24th of January, 1818, to file his claim before the commissioners appointed in pursuance of that act. All the subsequent acts on the subject observe the same language ; and the titles under these concessions have been uniformly con- firmed when the tract did not exceed a league square. (Ibid.) A claim to lands in East Florida, the title to which was derived from grants by the Creek and Seminole Indians, ratified by the local authorities of Spain before the cession of Florida; by Spain to the United States was confirmed. It was objected to the title claimed in this case, which had been presented to the superior court of Middle Florida, under the provisions of the acts of Congress for the settlement of laud-claims in Florida, that the grantees did not acquire, under the Indian grants, a legal title to the land: Eeld, That the acts of Congress, submit these claims to the adjudication of this court as a court of equity ; and those acts, as often and uniformly construed in its repeated decisions, confer the same jurisdiction over imperfect, inchoate, and inceptive titles, as legal and perfect ones, and require the court to decide by the same rules on all claims submitted to it, whether legal or equitable. (Mitchell et al. v. The United States, 9 Peters, 711..) Under the Florida treaty, grants of land made before the 24th January, 1818, by His Catholic Majesty, or by his lawful authorities, stand ratified and confirmed to the same extent that the same grants would be valid, if Florida had remained under the domin- ion of Spain ; and the owners of conditional grants, who have been prevented from fulfilling all the conditions of their grauts, have time by the treaty exteuded to them to complete such conditions'. That time, as was declared by the Supreme Court in Arredondo's case, 6 Peters, 478, began to run in regard to individual rights from the ratification of the treaty ; and the treaty declares, if the conditions are not complied with, within the terms limited in the grant, that the grants shall he null and void. (United States v. Kingsley, 12 Peters, 476.) The treaty with Spain by which Florida was ceded to the United States, is the law of the land, and admits the inhabitants of Florida to the enjoyment of the privileges, rights, and immunities of the citizens of the United States. They do not, however, participate in political power ; they do not share in ,the government until Florida shall become a State. In the mean time Florida continues to be a Territory of the United States, governed by virtue of that clause in the Constitution which empowers " Congress to make all needful rules and regulations respecting the territory or other property belonging to the United States." (American Ins. Co. v. Three Hundred and Fifty-six Bales of Cotton, 1 Peters, 542.) The object of the treaty with Spain, which ceded Florida to the United States, dated 22d February, 1819, was to invest the commissioners with full power and authority to receive, examine, and decide upon- the amount and validity of asserted claims upon Spain, for damages and injuries. Their decision, within the scope of this authority, i» SPAIN, 1819. 789 Article IV. To fix this line with more precision, and to place the landmarks which shall designate exactly the limits of both nations, each of the contracting parties shall appoint a Commissioner and mAnSS™ « ™i a surveyor, who shall meet before the termination of oue lbel '°™ d "' ,m year from the date of the ratification of this treaty at Nachitoches, on the Eed Eiver, and proceed to rnn and mark the said line, from the mouth of the Sabine to the Eed Eiver, and from the Eed Eiver to the river Arkansas, and to ascertain the latitude of the source of the said river Arkansas, in conformity to what is above agreed upon and stipu- lated, and the Hue of latitude 42, to the South Sea : they shall make out plans, and keep journals of their proceedings, and the result agreed upon by them shall be considered as part of this treaty, and shall have the same force a"s if it were inserted therein. The two Governments will amicably agree respecting the necessary articles to be furnished to those persons, and also as to their respective escorts, should such be deemed necessary. Article Y. The inhabitants of the ceded territories shall be secured in the free exercise of their religion, without any restriction ; and all those who may desire to remove to the Spanish dominions conclusive and final, and is not. re-exarninable. The parties must abide by it as a decree of a competent tribunal of exclusive jurisdiction. A rejected claim cannot be brought again under review, in any judicial tribunal. But it does not naturally follow that this authority extends to adjust all conflicting rights of different citizens to the fund so awarded. The commissioners are to look to the original claim for damages and injuries against Spain itself; and it is wholly immaterial who is the legal or equitable owner of the claim, provided he is an American citizen. (Comegys et al. v. Vasse, 1 Peters, «12.) After the validity and amount of the claim has been ascertained by the award of the commissioners, the rights of the claimant to the fund, which has passed into his hands and those of others, are left to the ordinary course of judicial proceedings in the established courts of justice. (Ibid.) The treaty with Spain recognized an existing right in the aggrieved parties to com- pensation ; and did not, in the most remote degree, turn upon the notion of donation or gratuity. It was demanded by our Government as matter of right, and as such was granted by Spain. (Ibid., 217.) The right to compensation from Spain, held under abandonment made to under- writers, and accepted by them for damages and injuries, which were to be satisfied under the treaty by the United States, passed to the assignees of the bankrupt, who held such rights by the provisions of the bankrupt law of the United States, passed April 4, 1800. (Ibid.) The King of Spain was- the grantor in the Florida treaty ; the treaty was his deed ; the exception was made by him ; and its nature and effect depended on his intention, expressed by his words, in reference to the thing granted, and the thing reserved and excepted in the grant. The Spanish version was in- his words, and expressed his- intention ; and although the American version showed the intention to be different, the Supreme Court cannot adopt, it as a rule to decide what was granted, what excepted, and what reserved. (United States v. Arredoudo et al, 6 Peters, 741.) Even in cases of conquest it is very unusual for the conqueror to do more than to displace the sovereign and assume dominion over the country. The modern usage of nations, which has become law, would be violated ;' that sense of justice and of right, ■which is acknowledged and felt by the whole civilized world, would be outraged if private property should be generally confiscated, and private rights annulled, on a change in the sovereignty of the country by the Florida treaty. The people change their allegiance, their relation to their ancient sovereign is dissolved, but their rela- tions to each other, and their rights of property remain undisturbed. Had Florida changed its sovereign by an act containing no stipulation respecting the property of individuals, the right of property in all those who became subjects or citizens of the new government would have been unaffected by the change. It would have remained the same as under the ancient sovereign. (United States t>. Percheman, 7 Peters, 51.) The language of the second article of the treaty between the United States and 790 TREATIES AND CONVENTIONS. eliall be permitted to sell or export their effects, at any time whatever, without being subject, in either case, to duties. Article VI. The inhabitants of the territories which His Catholic Majesty cedes iohabiunts or the to tlie United States,'by this treaty, shall be incorporated ■ceded t«ritori«, j n t2 ie TJnion of the United States, as soon as may be con- sistent with tlie principles of the Federal Constitution, and admitted to the enjoyment of all the privileges, rights, and immunities of the citi- zens of the United States. Article VII. The officers and troops of His Catholic Majesty, in the territories 9p™i S h trm>p S to hereby ceded by him to the United States, shall «be with- in withdraw drawn, and possession of the places occupied by them shall be given within six months after the exchange of the ratifications of this treaty, or sooner if possible, by the officers of His Catholic Majesty to the commissioners or officers of the United States duly appointed. to receive them; and the United States shall furnish the transports and escort necessary to convey the Spanish officers and troops and their baggage to the Havana. , Article VIII. All the grants of land made before the 24th of January, 1818, by His own of i*.d be- Catholic Majesty, or by his lawful authorities, in the said fore j«nuar r 24, i8i8. territories ceded by His Majesty to the United States, shall be ratified and confirmed to the persons in possession of the lands, to the same extent that the same grants would be valid if the territories Spain, of 22d February, 1819, by which Florida was ceded to the United States, con- forms to this general principle. (Ibid.) The eighth article of the treaty must be intended to stipulate expressly for the se- enri r.y to private property, which the laws and usages of nations would, without express stipulation, have conferred. No construction which would impair that security, further than its positive words require, would seem to be admissible. Without it, the titles of individuals would remain as valid under the new government as they were nnder the old. And those titles, so far at least, as they were consummated, might be asserted in the courts of the United States, independently of this article, ([bid.) The treaty was drawn up in the Spanish as well as in the English languages. Both are original, and were unquestionably intended by the parties to be identical. The Spanish has been translated; and -it is now understood that the article expressed in that language is, that "the grants shall remain ratified and confirmed to the persons in possession of them, to the same extent," &c, thus conforming exactly to the uni-' "versally received law of nations. (Ibid) If the English and Spanish part can, without violence, he made to agree, that con- struction which establishes this conformity ought to prevail. (Ibid.) No violence is done to the language of the treaty by a construction which conforms the English and Spanish to each other. Although the words "shall be ratified and confirmed," are properly words of contract, stipulating for some future legislation, they are not necessarily so. They may import that " they shall be ratified and confirmed" by force of the instrument itself. When it is observed that in the counterpart of the same treaty, executed at the same time, by the same parties, they are used in this sense, the construction is proper, if not unavoidable. (Ibid.) In the case of Foster ».'. Neilson, 2 Peters, 253, the Supreme Court considered those words importing a contract. The Spanish part of the treaty was not then brought into view, and it was then supposed there was no variance between them. It was not supposed that there was even a formal difference of'expression in the sameinstrument, drawn up in the language of each party. Had this circumstance been known, it is be- lieved it would have produced the construction which is now given to the article. (Ibid.) » 791 'had remained tinder the dominion of His Catholic Majesty. But the owners in possession of such lands, who, by reason of the recent circum- stances of the Spanish nation, and the revolutions iu Europe, have been prevented from fulfilling all the conditions of their grants, shall' com- plete them within the terms limited in the same, respectively, from the date of this treaty ; in default of which the said grants shall Grant » , Ina) Jan . be null and void'. All grants made since the said 24th of x ""' u ' 1818 ' January, 1818, when the first proposal, on the part of His Catholic Majesty, for the cession of the Floridas was made, are hereby declared and agreed to be null: and void. Article IX. The two high contracting parties, animated with the most earnest desire of conciliation, and with the object of putting an end ^^mi «■,»- to all the* differences which have existed between them, and <^°»°'''*>™»- of confirming the good understanding which they wish to be forever maintained between them, reciprocally renounce all claims for damages or injuries which they, themselves, as well as their respective citizens and subjects, may have suffered until the time of signing this treaty. The renunciation of the United States will extend to all the injuries mentioned in the convention of the 11th of August, 1802. 2. To all claims on account of prizes made by French privateers, and condemned by French Consuls, within the territory and . ,. , . , „ „ •'. ' . ° Claims. jurisdiction of Spain. 3. To all claims of indemnities on account of the suspension of the right of deposit at New Orleans in 1802. 4. To all claims of citizens of the United States upon the Government of Spain, arising from the unlawful seizures at sea, and in the ports and territories of Spain, or the Spanish colonies. 5. To all claims of citizens of the United States upon the. Spanish Government, statements of which, soliciting the interposition of the Government of the United States, have been presented to the Depart- ment of State, or to the Minister of the United States in Spain, since the date of the convention of 1802, and until the signature of this treaty. The renunciation of His Catholic Majesty extends — 1. To all the injuries mentioned in the convention of the 11th of August, 1802. 2. To the sums which His Catholic Majesty advanced for the return of Captain Pike from the Provincias Internas. 3. To all injuries caused by the expedition of Miranda, that was fitted out and equipped at New York. 4. To all claims of Spanish subjects iipon the Government of the United States arizing from unlawful seizures at sea, or within the ports and territorial jurisdiction of the United States. Finally, to all the claims of subjects of His Catholic Majesty upon the Government of the United States in which the interposition of his Catholic Majesty's Government has been solicited, belore the date of this treaty and since the date of the convention of 1802, or which may have been made to the department of .foreign affairs of His Majesty, or to his Minister in the United States. v And the high contracting. parties, respectively, renounce all claim to indemnities for any of the recent events or transactions of their respective commanders and officers yi the Floridas. The United States will cause satisfaction to be made for the injuries, 792 < TREATIES AND CONVENTIONS. 'sMi»r„ction by the if any, which, by process of law, shall be established to. K»w5,iEn» have l>een suffered by the Spanish officers, and individual or Fionda. Spanish inhabitants, by the late operations of the American Army in Florida. Article X. The convention entered into between the two Governments, on the convent;™ „r aus. Hth of August, 1802,- the ratifications of which were ex- ii, 1802, annulled." changed the 21 st December, 1818, is annulled. Article XI. The United States, exonerating Spain from all demands in future, on united st^ to account of the claims of their citizens to which the renunci- ibeif r citk™™oth°e ationsherein contained extend, and considering them entirely amount u r *5,ooo,ooo. cauC elled, undertake to make satisfaction for the* same, to an amount not exceeding five millions of dollars. To ascertain the full Three con™,™,- amount and validity of those claims, a commission, to con- toVe'cufn,?" sist of three Commissioners, citizens of the United States, claims. shall be appointed by the President, by and with the advice and consent of the Senate, which commission shall meet at the city of Washington, and, within the space of three years from the time of their first meeting, shall receive, examine, and decide upon the amount and validity of all the claims included within the descriptions above men- tioned. The said Commissioners shall take. an oath or affirmation, to be entered on the record of their proceedings, for the faithful and dili- gent discharge of their duties; and, in 'case of the death, sickness, or necessary absence of any such Commissioner, his place may be supplied by the appointment, as aforesaid, or by the President of the United States, during the recess of the Senate, of another Commissioner in his stead. The said Commissioners shall be authorized to hear and examine, on oath, every question relative to the said claims, and to receive all suitable authentic testimony concerning the same. And the Spanish Government shall furnish all such documents and elucidations as may be in their possession, for the adjustment of the said claims, according to the principles of justice, the laws of nations, and the stipulations of the treaty between the two parties of 27th October, 1795; the said documents to be specified, when demanded, at the instance of the said Commissioners. The payment of such claims as may be admitted and adjusted by the payment or the sa hl Commissioners, or the major part of them, to an amount cinima. 110 £ exceeding five millions of dollars, shall be made by the United States, either immediately at their Treasury, or by the creation of stock, bearing an interestof six per cent, per annum, payable from the proceeds of sales of public lands within the territories hereby ceded to the United States, or in such other manner as the Congress of the United States may prescribe by law. The records of the proceedings of the said Commissioners, together Records or pro- with the vouchers and documents produced before them, eeedings. relative to the claims to be adjusted and decided upon by them, shall, after the close of their transactions, be deposited in the co P ie, w the span- Department of State of the United States; and copies of 1st Government. them, or any part of them, shall be furnished to the Spanish Government, if required, at the demand of the Spanish Minister in the United States. SPAIN, 1819. 793 . Article XII. The treaty of limits and navigation, of 1795, remains confirmed in all and each one of its articles excepting the 2, 3, 4, 21, .^ ofl795c ?•« hidi-yearir. { s to be made six mouths after the exchange of the ratifica- tions of this convention. Article III. The high contracting parties, in virtue of the stipulations contained ci»i ms p™r t iu article first, reciprocally renounce, release, and cancel all d.teofcoiTention. c i a i ms which either may have upon the other, of whatever class, denomination, or origin they may be, from the twenty-second of February, one thousand eight hundred and nineteen, untill the time of signing this convention. Article IV. On the request of the Minister Plenipotentiary of Her Catholick Maj- esty at Washington, the Government of the United States will deliver to him, in six months after the exchange of the ratifications of this convention, a note or list of the claims of American citizens against the Government of Spain, specifying their amounts respectively, and three years afterwards, or sooner if possible, authentic copies of all the documents upon which they may have been founded. Article V. This convention shall be ratified, and the ratifications shall be ex- changed, in Madrid, in six months from this time,"or sooner Ratifications. -j? m l if possible. In witness whereof, the respective Plenipotentiaries have signed these articles, and affixed thereto their seals. Done in triplicate at Madrid, this seventeenth day of February, one thousand eight hundred and thirty -four. C. P. VAN NESS. JOSE DE HEREDIA. L. s. l. s. SPAIN, 1834. 797 The following is the form, or model, of the inscription: No. Cupon de pesos fuerteH de renta pagadero en de de 183 Cupon No. 1°. Renta perpetua de Espaiia, pagadera en Paris it razou de 5 p. 0-0 al alio, iuscrita on el gran libro de la Deuda consolidada. Esta Inscrlpoion se expide & consecnencia de un con- venio celebrado en Madrid en de de eutre S. M. Catolica la Reyna de Espaiia y los Estados Unidos de America, para el pago de las reclamacioues de los ciudadanos de dichos Estados. Insckipcion No. Capital. Pesos fuertes 6 scan francos Renta. Pesos fuertes 6 sean francos El portador de la presente tiene derecho & una renta anual de pesos fuertes, 6 sea de francos, pagaderos en Paris por semestres, en los dias de y de pof los bauqueros de Espana en aquella capital, & razon de 5 francos y 40 centimos por peso fuerte, con arreglo al El. decreto de 15 de Diciernbre de L825. Consiguiente al misino real decreto se destina cada alio ;t la amortizacion de esta renta uno por ciento de su valor nominal, & interes conipuesto, cuyo iniporte sera empleado en su amortizacion periodica al curso corritmte por diclios banqueros. — Madrid, de de El Secretario de Estado y del Vespacho de Hacienda,. El Director de la El. Caja de Amortizacion. In witness whereof we, the undersigned Plenipotentiaries of H. Catholic M. the Queen of Spain and of the United States of America, have signed this model, and have affixed thereunto our seals. Done at Madrid, this day of JOSE *DE HEREDIA. [L. s.J 0. P. VAN NESS. [l. S.J [Under the Spanish treaty of 1795, stipulating that free ships shall make free goods, the want of such a sea-letter or passport, or such certificates as are described in the seventeenth article, is not a substantive ground of condemnation. It only authorizes capture and sending in for adjudication, and the proprietary interest iu the ship may be proved by other equivalent testimony. But if, upon the original evidence, the cause appears extremely doubtful and suspicious, and further proof is necessary, the grant or denial of it rests ou the same general rules which govern the discretion of prize courts in other cases. (The Pizarro, 2 Wheat., 227.) The term " subjects'," in the fifteenth article of the treaty, when applied to persons owing allegiance to Spain, must be construed in the same sense as the term " citizens," or "inhabitants," when applied to persons owing allegiance to the United States, and extends to all persons domiciled in the Spanish dominions. (Ibid.) ' The Spanish character of the ship being ascertained, the proprietary interest of the cargo cannot be inquired into, unless so far as to ascertain that it does not belong to citizens of the United States whose property engaged in trade with [the enemy is not protected by the treaty. (Ibid.) The seventeenth article of the treaty of 1795, so far as it purports to give any effect to passports, is imperfect and inoperative, in consequence of the omission to annex the form of passport to the treaty. ( The' Amiable Isabella, 6 Wheat., 1 ; The Amislad, 15 Peters, 521.) By the treaty of 1795, free ships make free goods, but the form of the passport, by which the freedom of the ship was to have been conclusively established, never having beeu duly annexed to the treaty, the proprietary interest of the ship is to be proved according to the ordinary rules of the. prize court, and if thns shown to be Spanish, will protect the cargo on board, to whomsoever the latter may belong. (Ibid.) The treaty with Spain of 1795 does not contain, express or implied, a stipulation that enemy's ships shall make enemy's goods. (The Nereide, Sennet, Master, "9 Cranch, 388.) • 798 TREATIES AND CONVENTIONS. That treaty prohibits an American citizen from taking a commission to cruise against Spanish vessels in a privateer, but not in a public armed vessel of a belligerent nation. (The Santissima Trinidad, 7 Wheaton, 283.) To entitle a Spanish owner, under the treaty with that power, to entire restitution free of salvage, of his property captured as prize of war, by a professed enemy, and rescued, it is incumbent on the party to produce prima-facie proof that the captors were pirates and robbers. (Le Tigre, 3 Washington's Circuit Court Reports, 567. See The Maria Josepha, 2 Wheeler's Criminal Cases, 600.) It the capture were made by a neutral, it would be prima facie piratical, unless she were shown to have been regularly commissioned; if the captor were, in fact, an enemy, the capture would be legal whether she were commissioned or not. (Hid.) The eighth article of the treaty of 1818 did not, propria vigore, confirm Spanish grants; it was reserved for Congress to execute its provisions. (Foster vs. Neilson, 2 Peters, 253. See Garcia vs. Lee, 12 Peters, 511; Eeene vs. Whitaker, 14 Peters, 170; Chouteau vs. Eckhart, 2 Howard, 344; United States vs. King, 3 Howard, 773; United States vs. Iieynes, 9 Howard, 127 ; United States vs. Philadelphia, 11 Howard, 609 ; United , States vs. Turner, Ibid., 663.) By the treaty of 1819, land heretofore completely granted by the King were excepted out of the grant to the United States. ( United States vs. Arredondo, 6 Peters, 691; United States vs. Percheman, 7 Peters,'51 ; Garcia vs. Lee, 12 Peters, 511 ; Keene vs. Whit- aker,, 14 Peters, 170 ; United States vs. Beynes, 9 Howard, 127 ; United States vs. Phila- delphia, 11 Howard, 609.) The words of that treaty do not require actual occupancy; they are satisfied' by that constructive possession which is attributed by the law to legal ownership. (Ibid.) A condition to settle two hundred families on the land granted, was held to be a con- dition subsequent, and performance excused in equity, by circumstances and change of jurisdiction. (Ibid.) An inquisition having been taken uuder the Spanish authorities, by which it was found that the Indians Jhad previously abandoned the lands granted, this was held to be res judicata. (Ibid.) The title to land which had been granted by the King of Spain, was confirmed by force of the' instrument. itself. ( United Slates vs. Percheman, 7 Peters, 51 ; United States vs. Clarke, 9 Peters, 168; Mitchell vs. United States, Ibid., 711; Smith vs. United States, 10 Peters, 326 ; Garcia vs. Lee, 12 Peters, 511.) The commissioners appointed under the treaty of 1819, had power to decide conclu- sively upon the amount and validity of claims, but not upon the conflicting right of parties to the sums awarded. (Comegys vs. Vasse, 1 Peters, 193; S. C, 4 Washington's Circuit Court Reports, 570.) By the treaty ceding Florida to the United States, the inhabitants became entitled to all the privileges, rights, and immunities of citizens of the United States. (American Insurance Company vs. Canter, 1 Peters, 511.) By the treaty of cession, the United States obtained no rights to 'lands, except such as were then vested in the King of Spain. (Strother vs. Lucas, 12 Peters, 411 ; United States vs. Kingsley, Ibid., 476.) The obligation of perfecting titles under Spanish concessions, assumed by the United States in the Louisiana treaty, was a political obligation, to be carried out by the legislative department. (Chouteau vs. Eckhart, 2 Howard, 344.) Congress, in confirming or rejecting claims, acted as the successor of the intendant general; and both exercised in this respect a portion of sovereign power. (Ibid.) Under the ninth article of the treaty of 1819, providing for the restoration of property rescued from pirates and robbers on the high seas, it is necessary to show — 1. That what is claimed falls within the description of vessels or merchandise. 2. That it has been rescued on the high seas from pirates and robbers. 3. That the asserted proprietors are the true proprietors, and have established their title by competent proof. (United States vs. The Amistad, 15 Peters, 518; S. (J., 1 Haz- ard's U. S. Register, 177, 244.) Native Africans, unlawfully kidnapped and imported into a Spanish colony, contrary to the laws of Spain, are not merchandise ; nor can any person show that he is entitled to them as their proprietor ; nor are they pirafeB or robbers if they rise and kill the mast'er and take possession of the vessel to regain their liberty. (Ibid.) Native Africans unlawfully detained on board a Spanish vessel, are not bound by a treaty between the United States and Spain, but may, as foreigners to both countries, assert their rights to their liberty before our courts. (Ibid.)'] SWEDEN. SWEDEN, 1783. TREATY* OF AMITY AND COMMERCE BETWEEN HIS MAJESTY THE KING OP SWEDEN AND THE UNITED STATES OF NORTH AMERICA. CON- CLUDED APRIL 3, 1783 ; RATIFIED BY THE KING OF SWEDEN MAY 23, 1783, AND BY THE CONGRESS OF THE UNITED STATES JULY 29, 1783. [This treaty terminatediby the limitation contained in the first separate article. post, fifteen years after the exchange of ratifications, hut was revived in part by Article XII of the treaty of 1816, post, and was again revived in part by Article XVII of the treaty of 1827,i)osi.] The King of Sweden, of' the Goths and Yandals, &c., &c., &c, and the thirteen United States of North America, to wit: New Hamp- shire, Massachusetts Bay, Khode Island, Connecticut, New York, New Jersey, Pennsylvania, the counties of New Castle, Kent, and Sussex on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, desiring to establish, in a stable and permanent manner, the rules which ought to be observed relative to the correspondence and commerce which the two parties have judged necessary to establish between their respective countries, states, and subjects: His Majesty and the United States have thought that they could not better accom- plish that end than by taking for a basis of their arrangements the mutual interest and advantage of both nations, thereby avoiding all those burthensome preferences which are usually sources of debate, em- barrassment, and discontent, and by leaving each party at liberty to make, respecting navigation and commerce, those interior regulations which shall be most convenient to itself., With this view, His Majesty the King of Sweden has nominated and appointed for his Plenipotentiary Count Gustavus Philip de Creutz, his Ambassador Extraordinary to His Most Christian Majesty, and Knight Commander of his orders ; and the United States, on their part, have fully empowered Benjamin Franklin, their Minister Plenipotentiary to .His Most Christian Majesty. • The said Plenipotentiaries, after exchanging their full powers, and after mature deliberation in consequence thereof, have agreed upon, concluded, and signed the following articles: Article I. There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between the King of Sweden, his heirs Peac(Jiinarrie5 j 8lli and successors, and the United States of America, and the ."'' subjects of His Majesty, and those of the said States, and between the countries, islands, cities, and towns situated under the jurisdiction of the King and of the said United States, without any exception of per- sons or places ; and the conditions agreed to iu this present treaty shall be perpetual and permanent between the Kiug, his heirs and successors, and the said United States. * Translation from the original, which is in the French language. 800 TREATIES AND CONVENTIONS. Article IL The King and the United States engage mutually not to grant here- ™tei aIter anv particular favour to other nations in respect to commerce and navigation which shall not immediately be- come common to the other party, who shall enjoy the same favour freely, if the concession was freely made, or on allowing the same compensa- tion, if the concession was conditional. Article JII. The subjects of the King of Sweden shall not pay in the ports, havens, roads, countries, islands, cities, and towns of the United Subjects of Sweden ~^ ^ ' . ' ,. ., ' , . , , . . mtitied to thamiM States, or in any ot them, any other nor greater duties or smmSX m"»t imposts, of what nature soever they may be, than those which the most favoured nations are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce which the said nations do or shall enjoy, whether in passing from one port to another of the United States, or in going to or from the same, from or to any part of the world whatever. Article IV. The subjects and inhabitants of the said United States shall not pay citizens of the i Q t' ie ports, havens, roads, islands, cities, and towns under u?d te to S tke e 9l ?me the dominion of the King of Sweden, any other or greater E i tb. e So.t°rfv"u™d duties or imposts, of what nature soever they may be, or by ■ OT ""*>- what name soever called, than those which the most favoured nations are or shall be obliged to pay, and they shall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navi- gation, and commerce which the said natious do or shall enjoy, whether in passing from one port to another of the dominion of His said Majesty, or in going to or from the same, from or to any part of the world what- ever. Article V. There shall be granted a fall, perfect, and entire liberty of conscience Liberty of con- to the inhabitants and subjects of each party; and no per- .cience,&c, secured- son ghall be molested on account of his worship, provided he submits so far as regards the public demonstration of it to the laws of the country. Moreover, liberty shall be granted, when any of the sub- jects or inhabitants of either party die in the territory of the other, to bury them in convenient and decent places, which shall be assigned for the* purpose; and the two contracting parties will provide each in its jurisdiction, that the subjects and inhabitants respectively may obtain certificates of the death, in case the delivery of them is. required. Article VI. The subjects of the contracting parties in the respective States may freely dispose of their goods and effects, either by testament, states. donation, or otherwise, in favour of such persons as they think proper ; and their heirs, in whatever place they shall reside, shall receive the succession even ab intestate, either in person or by their attorney, without having occasion to take out letters of naturalization. These inheritances, as well as the capitals and effects which the subjects SWEDEN, 1783. 801* of the two parties, in changing their dwelling, shall be desirous of remov- ing from the place of their abode, shall be exempted from all duty, called "droit de detraction" on the part of the Government of the two States, respectively. But it is at the same time agreed that nothing contained in this article shall in any manner derogate from the ordinances pub- lished in Sweden against emigrations, or which may hereafter be pub- lished, which shall remain in full force and vigor. The United States, on their part, or any of them, shall be at liberty to make, respecting this matter, such laws as they think proper. Article VII. All and every the subjects and inhabitants of the Kingdom of Sweden, as well as those of the United States, shall be permitted to .. ' 1 1 n ' i* n f l i /* i t Trade with nationn navigate with their vessels, in all safety and freedom, and « »» with m. without any regard to those to whom the merchandizes and cargoes may belong, from any port whatever; and the subjects and inhabitants of the two States shall likewise be permitted to sail and trade with their . vessels, and, with the same liberty and safety, to fre- quent tbe places, ports, and havens of Powers enemies to both or either of the contracting parties, without being in any wise molested or troubled, and to carry on a commerce not only directly from the ports of an enemy to a neutral port, but even from one port of an enemy to another port of an enemy, whether it be under the jurisdiction of the same or of different Princes. And as it is acknowledged by this treaty, with respect to ships and merchandizes, that free ships shall make the merchandizes free, and that everything which shall be on r™T°od S 7 S£. k pt board of ships belonging to subjects of the one or the other ^'^'^^ of the contracting parties shall be considered as free, even though the cargo, or a part of it, should belong to the enemies of one or both, it is nevertheless provided that contraband goods shall always be excepted ; whiiib. being intercepted, shall be proceeded against according to the spirit of the following articles. It is likewise agreed that the same liberty be extended to persons who may be on board a free ship, with this effect, that, although they be enemies to both or either of the par- ties, they shall not be taken out of the free ship, unless they are soldiers in the actual service of the said enemies. Article VIII. This liberty of navigation and commerce shall extend to all kinds of merchandizes, except those only which are expressed in the following article, and are distinguished by the name of contraband goods. Article IX. Under the name of contraband or prohibited goods shall be compre- hended arms, great guns, cannon-balls, arquebuses, mus- . quets, mortars, bombs, petards, granadoes, saucisses, pitch- Co " trab!i " d « o< " is - balls,, carriages for ordnance, musquet-rests, bandoleers, cannon-powder, matches, saltpetre, sulphur, bullets, pikes, sabres, swords, morions, helmets, cuirasses, halbards, javelins, pistols and tueir holsters, belts bayonets, horses with their harness, and all other like kinds of arms and instruments of war for the use of troops. 51 802 TREATIES AND CONVENTIONS. Article X. These which follow shall not be reckoned in the number of prohibited Gooda rot contra- goods, that is to say : All sorts of cloths, and all other b "" L manufactures of wool, flax, silk, cotton, or any other mate- rials; all kinds of wearing apparel, together with the things of which, they are commonly made; gold, silver coined or uncoined, brass, iron, lead, copper, latten, coals, wheat, barley, and all sorts of corn or pulse, tobacco; all kinds of spices, salted and smoked flesh, salted fish, cheese, butter, beer, oyl, wines, sugar; all sorts of salt and provisions which serve for the nourishment and sustenance of man; all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail-cloth, anchors, and any parts of anchors, ship-masts, planks, boards, beams, and all sorts of trees and other things proper for building or repairing ships. Nor shall any goods be considered as contraband which have not been worked into the form of any instrument or thing for the purpose of war by land or by sea, much less such as have been prepared or wrought up for any other use: all which shall be reckoned free goods, as likewise all others which are not comprehended and particularly mentioned in the fore- going article, so that they shall not by any pretended interpretation be comprehended among prohibited or contraband goods. On the con- trary, they may be freely transported by the subjects of the King and of the United States, even to places belonging to an enemy, such places only excepted as are besieged, blocked, or invested; and those places only shall be considered as such which are nearly surrounded by one of the belligerent powers. Article XL In order to avoid and prevent on both sides all disputes and discord, it is agreed that, in case one of the parties shall be engaged shm. aitf ".MiTto in a war, the ships and vessels belonging to the subjects or sea-kit!!™ 'and'cer- inhabitants of the other shall be furnished with sea-letters or passports, expressing the name, property, and port of the vessel, and also the name and place of abode of the master or commander of the said vessel, in order that it may thereby appear that the said vessel really and truly belongs to the subjects of the one or the other party. These passports, which shall be drawn up in good and due form, shall be renewed every time the vessel returns home in the course of the year. It is also agreed that the said vessels, when loaded, shall be provided not only with sea-letters, but also with certificates containing a particular account of the'cargo, the place from which the vessel sailed, and that of her destination, in order that it may be known whether they carry any of the prohibited or contraband merchandizes mentioned in the 9th article of the present treaty; which certificates shall be made out by the officers of the place from which the vessel shall depart. Article XII. 9 Although the vessels of the one and of the other party may navigate freely and with' all safety, as is explained in the 7th article, i.,bit" s tn 8 8 ir h » 1 Ja-i'e^ they shall, nevertheless, be bound, at all times when re- te™«»dc«riiBrRWjj. q U j re( ^ £ exhibit, as well on the high sea as in port, their joodanmyi.ae.. p asS p rts and certificates above mentioned; and, not hav- ing contraband merchandize on board for an enemy's port, they may freely and without hindrance pursue their voyage to the place of their destination. Nevertheless, the exhibition of papers shall not be de- SWEDEN, 17S3. 803 manded of merchant-ships under the convoy of vessels of war, but credit shall be given to the word of the officer commanding the convoy. Article XIII. If on producing the said certificates it he discovered that the vessel carries some of the goods which are declared to be prohibited Diacoverjr of co „. or contraband, and which are consigned to an enemy's port, l '" hmi """*"■ it shall not however be lawful to break up the hatches of such ships, nor to open any chest, coffers, packs, casks, or vessels, nor to remove or displace the smallest part of the merchandizes, until the cargo has been landed in the presence of officers appointed for the purpose, and until an inventory thereof has been taken ; nor shall it be lawful to sell, ex- change or alienate the cargo or any part thereof, until legal process shall have been had against the prohibited merchandizes, and sentence shall have passed declaring them liable to confiscation, saving never- theless as well the ships themselves, as the other merchandizes which shall have been found therein, which by virtue of this present treaty are to be esteemed free, and which are not to be detained on pretence of their having been loaded with prohibited merchandize, and much less confiscated as lawful prize. And in case the contraband merchandize be only a part of the cargo, and the master of the vessel agrees, consents, and offers to deliver them to the vessel that has discovered them, in that case the latter, after receiving the merchandizes which are good prize, shall immediately let the vessel go, and shall not by any means hinder her from pursuing her voyage to the place of her destination. When a vessel is taken and brought into any of the ports, of the con- tracting parties, if upon examination she be found to be loaded only with merchandizes declared to be free, the owner, or he who has made the prize, shall be bound to pay all costs and damages to the master pf the vessel unjustly detained. Article XIV. It is likewise agreed that whatever shall be found to be laden by the subjects of either of the two contracting parties, on a ship Goods found in „ belonging to the enemies of the other party, the whole e ° M1,, '= " hib effects, although not of the number of those declared contraband, shall be confiscated as if they belonged to the enemy, excepting nevertheless such goods and merchandizes as were put on board before the declara- tion of war, and even six months after the declaration, after which term none shall be presumed to be ignorant of it, which merchandizes shall not in any manner be subject to confiscation, but shall be faithfully and specifically delivered to the owners, who shall claim or cause them to be claimed before confiscation and sale, as also their proceeds, if the claim be made within eight months, and could not be made sooner after the sale, which is to be public : provided, nevertheless, that if the said merchandizes be contraband, it shall not be in any wise lawful to carry them afterwards to a port belonging to the enemy. Article XV. And that more effectual care may be taken for the security of the two contracting parties, that they suffer no prejudice by •yn.eiBorwarand the men-of-war of the other party or by privateers, all cap- ■ ,riv « ee "- tains and com ma nders of ships of His Swedish Majesty and of the United 804 TREATIES AND CONVENTIONS. States, and all their subjects, shall be forbidden to do any injury or damage to those of the other party, and if they act to the contrary, having been found guilty on examination by their proper judges, they shall be bound to make satisfaction for all, damages and the interest thereof, and to make them good under pain and obligation of their persons and goods. Aeticle XVI. For this cause, every individual who is desirous of fitting out a pri- Everj perse fit- vateer, shall, before he receives letters-patent, or special 2h°bL" bonfto commission, be obliged to give bond with sufficient sureties, a n» we r ,ui damans, before a competent j udge, for a sufficient sum, to answer' all damages and wrongs which the owner of the privateer, his officers, or others in his employ may commit during the cruise, contrary to the tenor of this treaty, and contrary to the edicts published by either party, whether by the King of Sweden or by the United States, in virtue of this same treaty, and also under the penalty of having the said letters- patent and special commission revoked and made void. Article XVII. One of the contracting parties being at war and the other remaining i » ueuter, if it should happen that a merchant-ship of the neutral Power be taken by the enemy of the other party, and be afterwards retaken by a ship of war or privateer of the Power at war, also ships and merchandizes of what nature soever they may be, when recovered from a pirate or sea rover, shall be brought into a port of one of the two Powers, and shall be committed to the custody of the officers of the said port, that they may be restored entire to the true proprietor as soon as he shall have produced full proof of the property. Merchants, masters, and owners of ships, seamen, people of all sorts, ships and vessels, and in general all merchandizes and effects of one of the allies or their subjects, shall not be sub- ject to any embargo, nor detained in any of the countries, territories, islands, cities, towns, ports, rivers, or domains whatever, of the other ally, on account of any military expedition, or any public or private purpose whatever, by seizure, by force, or by any such manner ; much less shall it be lawful for the subjects of one of the parties to seize or take anything by force from the subjects of the other party, without the consent of the owner. This, however, is not to be understood to comprehend seizures, detentions, and arrests, made by order and by the authority of justice, and according to the ordinary course for debts or faults of the subject, for which process shall be had in the way of right according to the forms of justice. Article XVIII. Regulation, in «.« if it should happen that the two contracting parties should KwrnSha™"" ke engaged in a war at the same time with a common enemy, •noneMiw. t ne following points shall be observed on both sides : 1. If the ships of one of the two nations, retaken by the privateers of the other, have not been in the power of the enemy more than 24 hours, they shall be restored to the original owner, on payment of one-third of the value of the ship and cargo. If, on the contrary, the vessel retaken has been more than 24 hours in the power of the enemy, it shall belong wholly to him who has retaken it. SWEDEN, 1783. 805 2. In case, during the interval of 24 hours, a vessel be retaken by a man-of-war of either of the two parties, it shall be restored to the original owner, on payment of a thirtieth part of the value of the vessel and cargo, and a tenth part of it if it has been retaken after the 24 hours, which sums shall be distributed as a gratification among the crew of the men-of-war that shall have made the recapture. v 3. The prizes made in manner above mentioned shall be restored to the owners, after proof made of the property, upon giving security for the part coming to him who has recovered the' vessel from the hands of the enemy. 4. The men-of-war and privateers of the two nations shall recipro- cally be admitted with their prizes into each other's ports; but the prizes shall not be unloaded or sold there until the legality of a prize made by Swedish ships shall have been determined according to the laws and regulations established in Sweden, as also that of the prizes made by American vessels shall have been determined according to the laws and regulations established by the United States of America. 5. Moreover, the King of Sweden and the United States of America shall be at liberty to make such regulations as they shall judge neces- sary respecting the conduct which their men-of-war and privateers respectively shall be bound to observe, with regard to vessels which they shall take and carry into the ports of the two Powers. Aeticle XIX. The ships of war of His Swedish Majesty and those of the United States, and also those which their subjects shall have armed Prizes for war, may with all freedom conduct the prizes which they shall have made from their enemies into the ports which are open in time of war to other friendly nations; and the said prizes upon entering the said ports shall not be subject to arrest or seizure, nor shall the offi- cers of the places take cognizance of the validity of the said prizes, which may depart and be conducted freely and with all liberty to the places pointed out in their commissions, which the captains of .the said vessels shall be obliged to shew. Aeticle XX. In case any vessel belonging to either of the two States, or to their subjects, shall be stranded, shipwrecked, or suffer any other damage on the coasts or under the dominion of either of the parties, all aid and assistance shall be given to the persons shipwrecked, or who may be in danger thereof, and passports shall be granted to them to secure their return to their own country. The ships and mer- chandizes wrecked, or their proceeds, if the effects have been sold, being claimed in a year and a day, by the owners or their attorney, shall be restored, on their paying the costs of salvage, conformable to the laws and customs of the two nations. i Aeticle XXI. When the subjects and inhabitants of the two parties, with their ves- sels, whether they be public and equipped for war, or pri- vate or employed in commerce, shall be forced by tempest, to i?"rt"y^Ss.'!!r by pursuit of privateers and of enemies, or by any other. weather ' urgent necessity, to retire and enter any of the rivers, bays, roads, or ports of either of the two parties, they shall be received and treated 806 TREATIES AND CONVENTIONS. with all humanity and politeness, and they shall enjoy all friendship, protection, and assistance, and they shall be at liberty to supply them- selves with refreshments, provisions, and everything necessary for their sustenance, for the repair of their vessels, and for continuing their voy- age; provided allway that they pay a reasonable price: and they shall not in any manner he detained or hindered from sailing out of the said ports or roads, but they may retire and depart when and as they please, without any obstacle or hindrance. Article XXII. In order to favour commerce on both sides as much as possible, it is agreed that, in case a war should break out between the said ,inrmo"t°8°a'io"e r a two nations, which God forbid, the term of nine mouths SSpMt uWef. after .the declaration of war shall be allowed to the merchants and subjects respectively on one side and the other, in order that they may withdraw with their effects and moveables, which they shall be at liberty to carry off or to sell where they please, without the least obstacle; nor shall any seize their effects, and much less their per- sons, during the said nine months; but on the contrary, passports which shall be valid for a time necessary for their return, shall be given them for their vessels, and the effects which they shall be willing to carry with them. And if anything is taken from them, or if any injury is done to them by one of the parties, their people and subjects, during the term above prescribed, full and entire satisfaction shall be made to them on that account. The above-mentioned passports shall also serve as a safe conduct against all insults or prizes which privateers may attempt against their persons and effects. Article XXIII. No subject of the King of Sweden shall take a commission or letters 0™,™™™ or of marque for arming any vessel to act as a privateer against letters or marque. ^ e Tj n jted States of America, or any of them, or against the subjects, people, or inhabitants of the said United States, or any of them, or against the property of the inhabitants of the said States, from any Prince or State whatever, with whom the said United States, shall be at war. Nor shall any citizen, subject, or inhabitant of the said United States, or any of them, apply for or take any commission or letters of marque for arming any vessel to cruize against the subjects of his Swedish Majesty, or any of them, or their property, from any Prince or State whatever with whom his said Majesty shall be at war. And if any per- son of either nation shall take such commissions or letters of marque, he shall be punished as a pirate. Article XXIV. The vessels of the subjects of either of the parties coming upon any coast belonging to the other, but not willing to enter into eiSithe port".* port, or being entered into port, and not willing to unload their cargoes or to break bulk, shall not be obliged to do it, but on the contrary, shall enjoy all the franchises and exemptions which are granted by the rules subsisting with respect to that object. Article XXV. When a vessel belonging to the subjects and inhabitants of either of 807 the parties, sailing on the high sea, shall be met by a ship Sh ip Smet bT „ hiI , 3 of war or privateer of the other, the said ship of war or <*»•"« pm«»™- privateer, to avoid all disorder, shall remain out of cannon shot, but may always send their boat to the merchant ship, and cause two or three men to go on board of her, to whom the master or commander of the said vessel shall exhibit his passport, stating the property of the vessel ; and when the said vessel shall have exhibited her passport, she shall be at liberty to continue her voyage, and it shall not be lawful to molest or search her in any manner, or to give her chase or force her to quit her intended course. ARTICLE XXVI. The two contracting parties grant mutually the liberty of having each, in the ports of the other, Consuls, Vice-Consuls, Agents, and ^^ Commissaries, whose functions shall be regulated by a par- ticular agreement. Article XXVII. The present treaty shall be ratified on both sides, and the ratifica- tions shall be exchanged in the space of eight months, or sooner if possible, counting from the day of the signa- ture. In faith whereof the respective Plenipotentiaries have signed the above articles, and have thereto affixed their seals. Done af Paris the third of April, in the year of our Lord one thousand seven hundred and eighty-three. GUSTAV PHILIP COMTE DE CREUTZ. [l. g.l B. PRANKLIN. [L> S.] SEPARATE ARTICLE. The King of Sweden and the United States of North America agree that the present treaty shall have its full effect for the space of fifteen years, counting from the day of the ratification, and the two contracting parties reserve to themselves the liberty of 1 renewing it at the end of that term. Done at Paris the third day of April, in the year of our Lord one thousand seven hundred and eighty-three. GUSTAV PHILIP COMTE DE CREUTZ. [l. s.] B. FRANKLIN. [L. S.] SEPARATE ARTICLES. Article I. His Swedish Majesty shall use all the means in his power to protect and defend the vessels and effects belonging to citizens or Kiw of Sweden to inhabitants of the United States of North America, and SEV^n."* every of them which shall be in the ports, havens, roads, "-"estate. or on the seas near the countries, islands, cities and towns of His said Majesty, and shall use his utmost endeavours to recover and restore to the right owners all such vessels and effects which' shall be taken from, them within his jurisdiction. 808 TREATIES AND CONVENTIONS. Article II. In like manner the United States ©f North America shall protect and united states to defend the vessels and effects belonging to the subjects of !ffcSfo" 6 ubjea°" d f His Swedish Majesty, which shall be in the ports, havens, s^ede... or ro ads, or on the seas near to the countries, islands, cities and towns of the said States, and shall use their utmost efforts to re- cover and restore to the right owners all such vessels and effects which shall be taken from them within their jurisdiction. Article III. If, in any future war at sea, the contracting Powers resolve to remain neuter, and as such to observe the strictest neutrality, then ofw^Toprotectve^ it is agreed that if the merchant ships of either party should sels of each natioo. -. i 1 • . r- , 1 t , i i • n n happen to be in a part of the sea where the ships of war of the same nation are not stationed, or if they are met on the high sea, without being able to have recourse to their own convoys, in that case the commander of the ships of war of the other party, if required, shall, in good faith and sincerity, give them all necessary assistance; and in such case the ships of war and frigates of either of the Powers shall protect and support the merchant-ships of the other : provided, never- theless, that the ships claiming assistance are not engaged in any illicit commerce contrary to the principle of the neutrality. Article IV. It is agreed and concluded that all merchants, captains of merchant- ships or other subjects of His Swedish Majesty, shall have tra/Jfc" b"u B ine°s by full liberty in all places under the dominion or jurisdiction " u the"£m°!toS r 2f of the United States of America, to manage their own affairs, he ,.ll,cr _ - ' ~ _ t=> - _ _ ' ihe other. and to employ in the management of them, whomsoever they please ; and they shall not be obliged to make use of any interpreter or broker, nor to pay them any reward unless they make use of them. Moreover, the masters of ships shall not be obliged, in loading or un- loading their vessels, to employ labourers appointed by public authority for that purpose; but they shall be at full liberty, themselves, to load or unload their vessels, or to employ in loading or unloading them whomsoever they think proper, without paying reward under the title of salary to any other person whatever; and they shall not be obliged to turn over any kind of merchandizes to other vessels, nor to receive them on board their own, nor to wait for their lading longer than they please ; and all and every of the citizens, people, and inhabitants of the United States of America shall reciprocally have and enjoy the same privileges and liberties in all places, under the jurisdiction of the said realm. Article V. It is agreed that when merchandizes shall have been put on board the ships or vessels of either of the contracting parties, they Hied'^iew hi shall not be subjected to any examination ; but all examina- tion and search must be before lading, and the prohibited merchandizes must be stopped on the spot before they are embarked, unless there is full evidence or proof of fraudulent practice on the part, of the owner of the ship, or of him who has the command of her; in which case only he shall be responsible and subject to the laws of the country 1816. 809 in which he may be. In all other cases, neither the subjects of either of the contracting parties who shall be with their vessels in the ports of the other, nor their merchandizes, shall be seized or molested on account of contraband goods, which they shall have wanted to take on board, nor shall any kind of embargo be laid on their ships, subjects, or citizens of the State whose merchandizes are declared contraband, or the ex- portation of which is forbidden ; those only who shall have sold or intended to sell or alienate such merchandize being liable to punishment for such contravention.' Done at Paris, the third day of April, in the year of our Lord one thousand seven hundred and eighty-three. GUSTAV PHILIP OOMTB DE CEEUTZ. [l. s.] B. FEANKLIN. |l. s.j SWEDEN AND NOBWAY, 1816. TREATY* WITH SWEDEN AND NORWAY. CONCLUDED SEPTEMBER 4,1816; PROCLAIMED DECEMBER 31, 1818. [This treaty expired by virtue of Article XIV, eight years after the exchange of rati- fications.] In the name of the most Holy and Indivisible Trinity. The United States of America and His Majesty the King of Sweden and Norway, equally animated with a sincere desire to Remiom of rrie „d. maintain and confirm the relations of friendship and com- •^•■"i «>»"»•"="• merce which have hitherto subsisted between the two States, and being, convinced that this object cannot be more effectually accomplished than by establishing, reciprocally, the commerce between the two States upon . the firm basi's of liberal and equitable principles, equally advantageous to both countries, have named, to this end Plenipotentiaries, and have furnished them with the necessary full powers to treat, and in their name to conclude a treaty, to wit : The President of the United States, Jonathan Eussell, a citizen of the said United States, and now their Minister Plenipotentiary at the Court of Stockholm; and His Majesty the King of Sweden and Norway, His Excellency the Count Laurent d'Engestrom, his Minister of State for Foreign Affairs, Chancellor of the University of Lund, Knight Com- mander of the Orders of the King, Knight of the Order of Charles XIII, Grand Cross of the Orders of St. Etieune of Hungary, of the Legion of Honour of Prance, of the Black Eagle and of the Eed Eagle of Prussia, and the Count Adolphe George de Morner, his Counsellor of State, and Commander of the Order of the Polar Star; And the said Plenipotentiaries, after having produced and exchanged their full powers, found in good and due form, have agreed Full „„„„,., ,.< on the following articles : cl """ Bd - Article I. There shall be between all the territories under the dominion of the United States of America, and of His Majesty the King of Rei:iprocnl , lberty Sweden and Norway, a reciprocal liberty of commerce. The ° r ™ m » o| -«- inhabitants of either of the two countries shall have liberty, with all *Translation lroru the original in the French language. 810 TREATIES AND CONVENTIONS. security for their persons, vessels, and cargoes, to come freely to all ports, places, and rivers within the territories of the other, into which the ves- sels of the most favored nations are permitted to enter. They can there remain and reside in any part whatsoever of the said territories ; they can there hire and occupy houses and warehouses for their commerce; and, security for m e r- generally, the merchants and traders of each of the two chants and trade™. na ti ons shall eDj'oy in the other the most complete security and protection for the transaction of their business, being bound alone to conform to the laws and statutes of the two countries, respectively. Article II. Kb other or higher duties, imposts, or charges, whatsoever, shall be imposed on the importation into the territories of His Maj- esty the King of Sweden and Norway, of the produce or manufactures of the United States, nor on the importation into the United States of the produce or manufactures of the territories of His Majesty the King of Sweden and Norway, than those to which the same articles would be subjected in each of the two countries, respectively, if these articles were the growth, produce, or manufacture, of any other country. The same principle shall likewise be observed in respect to exportation, in such manner that in each of the two countries, respec- tively, the articles which shall be exported for the other, cannot be charged with any duty, impost, or charge, whatsoever, higher or other than those to which the same articles would be subjected if they were exported to any other country whatever. Nor shall any prohibition be imposed on the exportation or importa- E*portations and tion. of any article, the growth, produce, or manufacture, of importations. ^he territories of His Majesty the King of Sweden and Norway, or of the United States, to or from the said territories of His Majesty the King of Sweden and Norway, or to or from the said United ' States, which shall not equally extend to all other nations.* Swedish or Norwegian vessels arriving in ballast, or importing into Evaluation of the United States the produce or manufactures of their duties, &c countries, or exporting from the United States the produce . or manufactures of said States, shall not be obliged to pay, either for the vessels or the cargoes, any other or higher duties, imposts, or charges, whatsoever, than those which the vessels of the United States would pay in the same circumstances ; and, vice versa, the vessels of the United States, arriving in ballast, or importing into the territories under the dominion of His Majesty the King of Sweden and Norway the produce or manufactures of the United States, or exporting from the territories under the dominion of His Majesty the King of Sweden and Norway the produce or manufactures of these territories, shall not pay, either for the vessels or the cargoes, any other or higher duties, imposts, or charges, whatsoever, than those which would be paid if these articles were transported by Swedish or Norwegian vessels, respectively. That which is here above stipulated shall also extend to the Swedish colony of St. Barthelemy, as well in what relates to the rights and advantages which the vessels of the United States shall enjoy in its ports, as in relation to those which the vessels of the colony shall enjoy in the ports of the United States, provided the owners are inhab- itants of St. Barthelemy, and there established and naturalized, and shall have there caused their vessels to be naturalized. SWEDEN AND NORWAY, 1816. 811 Article III.* His Majesty the King of Sweden and Norway agrees that all articles the growth, produce, or manufacture, of the West Indies, (.mis article not which are permitted to be imported in Swedish or Norwe- rntiBeiL) gian vessels, whether these articles be imported, directly or indirectly, from said Indies, may likewise be imported into its territories in vessels of the United States, and there shall not be paid, either for the said vessels or the cargoes, any higher or other duties, imposts, or charges, whatsoever, than those which would be paid by Swedish or Norwegian vessels in the same circumstances, with an addition only of ten per cen- tum on the said duties, imposts, and charges, and no more. In order to avoid misapprehension in this respect, it is expressly declared, that the term " West Indies" ought to be taken in its most extensive sense, comprising all that portion of the earth, whether main- land or islands, which at any time has been denominated the West Indies, in contradistinction to that other portion of the earth denomi- nated the East Indies. Article IV.* The United States of America, on their part, agree that all articles the growth, produce, or manufacture, of the countries sur- ( * 71™ articles rounding the Baltic Sea, or bordering thereon, which are ratilied) permitted to be imported in vessels of the United States, whether these articles be imported, directly or indirectly, from the Baltic, may likewise be imported into the United States in Swedish or Norwegian vessels; and there shall not then be paid for the said vessels, or for the cargoes, any higher or other duties, imposts, or charges, whatsoever, than those which would be paid by vessels of the United States in the same circumstances, with an addition only of ten per centum on the said duties, imposts, and charges, and no more. ( In order to avoid all uncertainty in respect to the duties, imposts, or charges, whatsoever, which a vessel belonging to the citizens or sub- jects of one of the contracting parties ought to pay, on arriving in the ports of the other, with a cargo consisting partly of articles the growth, produce, or manufacture of the country to which the vessel belongs, and partly of any other merchandize, which the said vessel is permitted to import by the preceding articles, it is agreed that, in case a cargo should be thus mixed, the vessel shall always pay the duties, imposts, and charges, according to the nature of that part of the cargo which is subjected to the highest duties, in the same manner as if tHe vessel im- ported this sort of merchandise only. Article V. The high contracting parties grant mutually the liberty of having, in the places of commerce and ports of the other, Consuls, Vice-Consuls, or Commercial Agents, who shall enjoy all the protection and assistance necessary for the due discharge of th eir functions. But it is here expressly declared that, in case of illegal or improper con- duct in respect to the laws or government of the country to which they are sent, the said Cousul, Vice-Consul, or Agent, may be either pun- ished according to. law, dismissed, or sent away, by the offended Gov- ernment, that Government assigning to the other the reasons therefor. It is, nevertheless, understood, that the archives and doca- Archi „ Bj &Ci ;„. ments relative to the affairs of the consulate shall be pro- ™ ldt,s - 812 TREATIES AND CONVENTIONS. tected from all examination, and shall be carefully preserved, being placed under the seal of the Consul and of the authority of the place where he shall have resided. The Consuls and their deputies shall have the right, as such, to act as judges and arbitrators in the differences which may arise between the captains and crews of the vessels of the nation whose affairs are entrusted to their care. The respective Governments shall have no right to interfere in matters of this kind, except the conduct of the captain and crew shall disturb the peace and tranquillity of the country in which the vessel may be, or that the Consul of the place shall feel himself obliged to resort to the interposition and support of the executive authority to cause his decision to be respected and maintained; it ni htsmiened to being, nevertheless, understood, that this kind of judgment, W rtL'Td"U° or award, shall not deprive the contending parties of the right which they shall have, on their return, to recur to the judicial authorities of their own country. Article VI.* In order to prevent all dispute and uncertainty in respect to what may he i*™,, article not considered as being the growth, produce, or manufacture of r.tiaoj.) £ ae contracting parties respectively, it is agreed that whatever the chief or intendant of tbecustoms shall have designated and specified as such, in the clearance delivered to the vessels which depart from the European ports of His Majesty the King of Sweden and Norway, shall be acknowledged and admitted as such in the United States ; and that, in the same manner, whatever the chief or collector of the customs in the' ports of the United States shall have designated and specified as the growth, produce, or manufacture of the United States, shall be ac- knowledged and admitted as such in the territories of His Majesty the King of Sweden and Norway. The specification or designation given by the chief of the customs in the colonies of His Majesty the King of Sweden and Norway, and con- firmed by the governor of the colony, shall be> considered as sufficient proof of the origin of the articles thus specified or designated to obtain for them admission into the ports of the United States accordingly. Article VII. The citizens or subjects of one of the contracting parties, arriving v«a«>i>««]c»rgo«i w i tn their vessels on any coast belonging to the other, hut may enter pom. not willing to enter into port, or being entered i into port, and not willing to unload or break bulk, shall have liberty to depart, and to pursue their voyage, without molestation, and without being obliged to render account of their cargo, or to pay any duties, imposts, or charges, whatsoever, on the vessels or cargo, excepting only the dues of pilotage, when a pilot shall have been employed, or those of quayage, or light-money, whenever these dues are paid in the same circumstances by the citizens or subjects of the country. It being, nevertheless, under- Limitntion of a,, stood, that whenever the vessels belonging to the citizens privilege. or subjects of one of the contracting parties shall be within the jurisdiction of the other, they shall conform to the laws and regula- tions concerning navigation, and the places and ports into which it may be permitted to enter, which are m force with regard to the citizens or subjects of the country ; and it shall be lawful for the officers of the customs in the district where the said vessels may be, to visit them, to SWEDEN AND NORWAY, 1816. 813 remain on board, and to take such precautions as may be necessary to prevent all illicit commerce while such vessels remain within the said jurisdiction. Article VIII. It is also agreed that the vessels of one of the contracting parties, entering the ports of the other, shall be permitted to dis- ye88el8 i and i M charge a part only of their cargoes, whenever the captain *"'»•" <*«!° M - or owner shall desire so to do, and they shall be allowed to depart freely with the remainder, without paying any duties, imposts, or charges whatsoever, except on that part which shall have been landed, and which shall be marked and noted on the list or manifest containing the enumeration of the merchandise which the vessel ought to have on board, and which list ought always to be presented, without reservation, to the officers of the customs at the place where the vessel shall have arrived ; and nothing shall be paid on the part of the cargo which the vessel takes away ; and the said vessel may proceed therewith to any other port or ports in the same country, into which vessels of the most favoured nations are permitted to enter, and there dispose of the same; or the said vessel may depart therewith to the ports of any other country. It is, however, understood that the duties, imposts, or charges, which are payable on the vessel itself, ought to be paid at the first port where it breaks bulk and discharges a part of the cargo, and that no such duties or impositions shall be again demanded in the ports of the same country where the said vessel may thereafter enter, except the inhabitants of the country be subjected to further duties in the same circumstances. Article IX. The citizens or subjects of one of the contracting parties shall enjoy in the ports of the other, as well for their vessels as for their mshu and „ r „ i . merchandise, all the rights and privileges of entrepot, which le ' e " ° r «""<""■ are enjoyed by the most favoured nations in the same ports. Article X. In case any vessel, belonging to either of the two States or to their citizens or subjects, shall be stranded, shipwrecked, or have suffered any other damage on the coasts under the dominion of either of the parties, all aid and assistance shall be given to the per- sons shipwrecked, or who may be in danger thereof, and passports shall be granted them to return to their own country. The ships and mer- chandise wrecked, or the proceeds thereof, if the effects be sold, being claimed in a year and a day, by the owners, or their attorney, shall be restored on paying the same costs of salvage, conformably to the laws and usages of the two nations, which the citizens or subjects of the country would pay in the same circumstances. The respective govern- ments shall watch over the companies which are or may be instituted for saving shipwrecked persons and property, that vexations and abuses may not take place. Article XI. It is agreed that vessels arriving direct from the United States, at a port under the dominion of His Majesty the King of Sweden and Norway, or from the ports of his saidJMaiesty in Europe *■"»■*■>■ 814 TREATIES AND CONVENTIONS. at a port of the United States, furnished with a certificate of health from the competent health officer of the port whence they took their departure, certifying that no malignant or contagious disease existed at that port, shall not be subjected to any other quarantine than such as shall be necessary for the visit bf the health officer of the port at which they may have arrived,, but shall, after such visit, be permitted immediately to enter and discharge their cargoes ; provided, always, that there may not be found any person on board who has been, during the voyage, afflicted with a malignant or contagious disease, and that the country from which the vessel comes may not be so generally re- garded at the time as infected, or suspected, that it has been previously necessary to issue a regulation by which all vessels coming from that country are regarded as suspected and subjected to quarantine. Article XII. The treaty of amity and commerce concluded at Paris in 1783, by the Plenipotentiaries of the United States and of His Ma- JnctaS'" r iV r 83, jesty the King of Sweden, is renewed and put in force by the present treaty, in respect to all which is contained in the second, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twenty-first, twenty-second, twenty-third, and twenty-fifth articles of the said treaty, as well as the separate articles one, two r four, and five, which were signed the same day by the same Plenipotentiaries ; and the articles specified shall be considered to have as full force and vigour as if they were inserted word for word:- provided, thfSt™ "e re- nevertheless, that the stipulations contained in the articles rival of the treat; of , •■-■i-iii t * i i 1 • Ira, >» relation to above mentioned shall always be considered as making no change in the conventions previously concluded with other friendly and allied nations. Article XII", ' Considering the distance of the respective countries of the two high contracting parties, and the uncertainty that results there- from in relation to the various events which may take place, it is agreed that a merchant- vessel, belonging to one of the contracting parties, and destined to a port supposed to be blockaded at the time of her departure, shall not, however, be captured or condemned for having a first time attempted to enter the said port, unless it may be proved that the said vessel could and ought to have learned, on her passage, that the place in question continued to be in a state of blockade. But vessels which, after having been once turned away, shall attempt a second time, during the same voyage, to enter the same port of the enemy, while the blockade continues, shall be liable to detention and condemnation. Article XIV. The present treaty, when the same shall have been ratified by the President of the United States, bv and with the advice and natation.. consent f t be Senate, and by His Majesty the King of Sweden and Norway, shall continue in force, and be obligatory on the United States and His Majesty the King of Sweden and Norway, for the term of eight years from the exchange of the ratifications; and the ratifications shall be exchanged in eight months from the signature of this treaty, or sooner if possible. * SWEDEN AND NORWAY, 1827 815 In faith whereof the respective Plenipotentiaries have signed the present treaty, and have thereunto set the seal of their arms. Done at Stockholm, the fourth day of September, in the year of Grace one thousand eight hundred and sixteen. JONA. RCTSSELL. LE COMTE D'ENGESTEOM. LE COMTE A. G. De MOENEE. L. S. L. s. L. s. SWEDEN AND NOEWAY, 1827. TREATY' WITH SWEDEN AND NORWAY, AND SEPARATE ARTCLE TO SAME. CONCLUDED JULY 4, 1827; RATIFICATIONS EXCHANGED JANUARY 18, ' 1828 ; PROCLAIMED JANUARY 19, 1828. In the name of the Most Holy and Indivisible Trinity. The United States of America and His Majesty the King of Sweden and Norway, equally animated with the desire of extending and consoli- dating the commercial relations subsisting between their respective territories, and convinced that this object cannot better be accomplished than by placing them on the basis of a perfect equality and reciprocity, have, in consequence, agreed to enter into negotiation for a new treaty of commerce and navigation; and to this effect have appointed Pleni- potentiaries, to wit: The President of the United States of America, John James Apple- ton, Charge d'Affaires of the said States at the court of His Majesty the King of Sweden and Norway; and His Majesty the King of Sweden and Norway, the Sieur Gustave Count de Wetter- stedt, his Minister of State and of Foreign Affairs, Knight Commander of his orders, Knight of the Orders of St. Andrew, St. Alexander Newsky, and St. Ann, of the first class, of Eussia; Knight of the Order of the- Eed Eagle, of the first class, of Prussia; Grand Cross of the Order of Leopold, of Austria; one of the Eighteen of the Swedish Academy; Who, after having exchanged their full powers, found in good and due form, have agreed upon the following articles: Article I. # The citizens and subjects of each of the two high contracting parties may, with all security for their persons, vessels, and cargoes, Nav ; g ation an* freely enter the ports, places, and rivers of the territories of commerce the other, wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories; to rent and occupy houses and warehouses for their commerce; and they shall enjoy, generally, the most entire security and protection in their mercantile transactions, on condition of their submitting to the laws and ordinances of the respective countries. Article II. Swedish and Norwegian vessels, and those of the island of St. Bar- tholomew,^irriving either laden or in ballast, into the ports s sels be in similar cases subject to some ulterior duties. Article XIII. Bach of the high contracting parties grants to the other the privilege of appointing, in its commercial ports and places, Consuls, Vice-Consuls, and Commercial Agents, who shall enjoy the SWEDEN AND NORWAY, 1827. . 819 full protection and receive every assistance necessary for the due exer- cise of their functions ; but it is expressly declared that in case of ille- gal or improper conduct, with respect to the laws or Government of the country in which said Consuls, Yice-Consuls, or Commercial Agents shall reside, they may be prosecuted and punished conformably to the laws, and deprived of the exercise of their functions by the offended Government, which shall acquaint the other with its motives for hav- ing thus acted, it being understood, however, that the archives and documents relative to the affairs of the consulate shall be exempt from all search, and shall be carefully preserved under the seals of the Consuls, Vice-Consuls, or Commercial Agents, and of the authority of the place where they may reside. The Consuls, Vice-Consuls, or Commercial Agents, or the persons duly authorized to supply their places, shall have the right as such to sit as judges and arbitrators in such differences as may arise between the cap- tains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or of the captain should disturb the order or tranquillity of the country, or the said Consuls, Vice-Consuls, or Commercial Agents should require their assistance to cause their decisions to t5e carried into effect or supported. It is, how- ever, understood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their country. Article XIV. The said Consuls, Vice-Consuls, or Commercial Agents are authorized to require the assistance of the local authorities for the arrest, detention, and imprisonment, of the deserters from the ships of war and merchant- vessels of their country ; and for this purpose they shall apply to the competent tribunals, judges, and officers, and shall in writing demand said deserters, proving, by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such indi- viduals formed part of the crews, and, on this reclamation being thus substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, Vice-Consuls, or Commercial Agents, and may De!erterit be confined in the public prisons, at the request and cost of those who claim them, in order to be sent.to the vessels to which they belonged, or to others of the same country; but if not sent back within the space of two months, reckoning from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the said cause. It is understood, however, that, if the deserter should be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which the case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. ■" Article XV. In case any vessel of one of the high contracting parties shall have been stranded or shipwrecked, or shall have suffered any Ship „ reck ic . other damage on the coasts of the dominions of the other, every aid and assistance shall be given to the persons shipwrecked or in . danger, and passports shall be granted to them to return to their country. 820 TREATIES AND CONVENTIONS. The shipwrecked vessels and merchandize, or their proceeds, if the same shall have been sold, shall be restored to their owners, or to those entitled thereto, if claimed within a year and a day, upon paying such costs of salvage as would be paid by national vessels in the same cir- cumstances ; and the salvage companies shall not compel the acceptance of their services, except in the same cases, and after the same delays, as shall be granted to the captains and crews of national vessels. Moreover, the respective Governments will take care that these com- panies do not commit any vexatious or arbitrary acts. Article XVI. It is agreed that vessels arriving directly from the United States of ami,,,. America, at a port within the dominions of His Majesty the King of Sweden and Norway, or from the territories of his , said Majesty in Europe, at a port of the United States, and provided with a bill of health granted by an officer having competent power to that effect, at the ports whence such vessels shall have sailed, setting forth that no malignant or contagious diseases prevailed, in that port, shall be subjected to no other quarantine than such as may be necessary for the visit of the health-officer of the port, where such vessel shall, have arrived ; after which said vessels shall be allowed immediately to enter and unload their cargoes : provided, always, that there shall be on board no person who, during the voyage, shall have been attacked with any malignant or contagious diseases ; that such vessels shall not, during their passage, have communicated with any vessel liable itself to undergo a quarantine; and that the country whence they came shall not, at that time, be so far infected or suspected that, before their arrival, an ordi- nance had been issued, in consequence of which all vessels coming from that country should be considered as suspected, and con'sequently sub- ject to quarantine. Article XVII. The second, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, ar ticie» of twe ^ tn » thirteenth, fourteenth, fifteenth, sixteenth, seven-' tbeSw ork c Jriis, teenth, eighteenth, nineteenth, twenty -first, twenty-second, twenty- third, and twenty-fifth articles of the treaty of amity and commerce concluded at Paris on the third of April, one thousand seven hundred eighty-three, by the Plenipotentiaries of the United States of America, and of His Majesty the King of Sweden, to- gether with the first, second, fourth, and fifth separate articles, signed on the same day by the same Plenipotentiaries, are revived, and made applicable to all the countries under the dominion of the present high contracting parties, and shall have the same force and value as if they were inserted in the context of the present treaty ; it being understood that the stipulations contained in the articles above cited shall always be considered as in no manner affecting the conventions concluded by either party with other nations, during the interval between the expira- tion of the said treaty of one thousand seven hundred eighty-three and the revival of said articles by the treaty of commerce and navigation concluded at Stockholm by the present high contracting parties, on the fourth of September, one thousand eight hundred and sixteen. Article XVIII. Considering the remoteness of the respective countries of the two SWEDEN AND NORWAY, 1827. 821 high contracting parties, and the uncertainty resulting , , _, J . , ° „ .,, " . . ' ., . i 1 • 1 Blockaded ports, &c. therefrom with respect to the various events which may take place, it is agreed that a merchant vessel belonging to either of them, which may be bound to a port supposed at the time of its de- parture to be blockaded, shall not, however, be captured or condemned for having attempted a first time to enter said port, unless it can be proved that said vessel could and ought to have learned, during its voyage, that the blockade of the place in question still continued. But all vessels which, after having been warned off once shall, during the same voyage, attempt a second time to enter the same blockaded port, during the continuance of said blockade, shall then subject themselves to be detained and condemned. Article XIX. The present treaty shall continue in force for ten years, counting from the day of the exchange of the ratifications; and if The before the expiration of the first nine years neither of the ^huVJSnuejn high contracting parties shall have announced, by an official notification to the other, its intention to arrest the operation of said treaty, it shall remain binding for one year beyond that time, and so on until the expiration of the twelve months which will follow a similar notification, whatever the time at which it may take place. Article XX. The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate, and by His Majesty the King of Sweden and Norway, and the ratifications shall be exchanged at Washington within the space of nine months from the signature, or sooner if possible. In faith whereof, the respective Plenipotentiaries have signed the present treaty by duplicates, and have affixed thereto the seals of their arms. Done at Stockholm the fourth of July, in the year of Grace one thousand eight hundred and twenty-seven. J. J. APPLETON. [l. s.l G. COUNT DE WETTERSTEDT. |l. s" SEPARATE ARTICLE. Certain. relations of proximity and ancient connections having led to regulations for the importation of the product of the King- Julv 4> 1?2? . doms of Sweden and Norway into the Grand Duchy of se P ar«ie article. Finland, and that of the products of Finland into Sweden and Norway, in vessels of the respective countries, by special stipulations of a treaty still in force, and whose renewal forms at this time the subject of a negotiation between the Courts of Sweden and Norway and Russia, said stipulations being in no manner connected with the existing regu- lations for foreign commerce in general, the two high contracting par- ties, anxious to remove from their commercial relations all kinds of ambiguity or motives of discussion, have agreed that the eighth, ninth, and tenth articles of the present treaty shall not be applicable either to the navigation and commerce above mentioned, nor, consequently, to the exceptions in the general tariff of custom-house duties, and in 822 TREATIES AND CONVENTIONS. the regulations of navigation resulting therefrom, nor to the special advantages which are, or may be granted to the importation of tallow and candles from Eussia, founded upon equivalent advantages granted by Russia on certain articles of importation from Sweden and Norway. The present separate article shall have the same force and value as if it were inserted word for word in the treaty signed this day, and shall be ratified at the same time. In faith whereof we, the undersigned, by virtue of our respective full powers, have signed the present separate article, and affixed thereto the seals of our arms. Done at Stockholm the fourth of July, one thousand eight hundred and twenty-seven. J. J. APPLETON. [l. s. G. COUNT DE WETTEESTEDT. [l. s. SWEDEN AND NOEWAY, I860. CONVENTION FOE THE SUEEENDEE OF CEIMESfALS FUGITIVES FEOM JUS- TICE IN CEETAIN CASES, BETWEEN THE UNITED STATES OF AMEEICA AND THE KING OF SWEDEN AND NOEWAY. CONCLUDED AT WASHING- TON MAECH 21, 1860; EATIFICATIONS EXCHANGED AT WASHINGTON BE- CEMBEE 20, 1860 ; PEOCLAIMED DECEMBEE 21, 1360. Whereas, it is found expedient, for the better administration of justice and the prevention of crime within the territories and jurisdiction of the parties respectively, that persons committing certain crimes, being fugi- tives from justice, should, under certain circumstances, be reciprocally delivered up ; and also to enumerate such crimes explicitly : The United contracts ( States of America on the one part, and His Majesty the King of Sweden and Norway on the other part, having resolved to treat on this subject, have for that purpose appointed their respec- tive Plenipotentiaries to negotiate and conclude a convention, that is to say : The President of the United States of America, Lewis Cass, Secretary of State of the United States, and His Majesty the King of Sweden and Norway, Earon Nicholas William de Wetterstedt, Knight of the Orders of the Polar Star and of St. Olaff, Commander of the Order of Danne- brog of Denmark, his said Majesty's Minister Eesident near the Govern- ment of the United States ; Who, after reciprocal communication of their respective powers, have agreed to and signed the following articles : Article I. It is agreed that the high contracting parties shall, upon mutual Extradition requisitions by them, their Diplomatic or Consular Agents, respectively made, deliver up to justice all persons who, being charged with or condemned for any of the crimes enumerated in the following article, committed within the jurisdiction of either party, shall seek an asylum or shall be found within the territories of the other : Provided, that this surrender and delivery shall not be obligatory on either of the high contracting parties except upon presentation by the other, in original or in verified copy, of the judicial declaration or sentence establishing the culpability of the fugi- SWEDEN AND NOKWAY, 1860. 823 live, and issued by the proper authority of the Government who claims the surrender, in case such sentence or declaration shall have been pro- nounced ; said document to be drawn up and certified according to the forms prescribed by the laws of the country making the demand. But if such sentence or declaration shall not have been pronounced, then the surrender may be demanded, and shall be made, when the demand- ing party shall have furnished such proof of culpability as would have been sufficient to justify the apprehension and commitment for trial of the accused if the offence had been committed in the country where - of his original country, and any other remission of liability to punish- ment. Article III. If a citizen of the one party, who has become a recognized citizen of the other party, takes up his abode once more in his origi- p rovif , ioni!B t ? re- nal country, and applies to be restored to his former ^"'1°° "^"nTi citizenship, the Government of the last-named country is c ° u ° try - authorized to receive him again as a citizen, on such conditions as the said Government may think proper. Article IV. The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United cmw*u» <«»».> States on the one part and Sweden and Norway on the "v e r , adi i r ™ "SJSS other part, the 21st March, 1860, remains in force without °° tt ° b " ta ™ ei change. Article V. The present convention shall go into effect immediately on the exchange of ratifications, and shall continue in force for ten years. conwntion/wiiem If neither party shall have given the other six months' pre- £ „riS£ e w c, ' c a n n d .. vious notice of its intention then to terminate the same, it tmue - shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention. Article VI. The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by His Majesty the King of Sweden and Norway ; and the ratifications shall be exchanged at Stockholm within twenty-four months from the date hereof. In faith whereof the Plenipotentiaries have signed and sealed this, convention. Stockholm, May 26, 1869. JOSEPH J. BARTLETT. [seal. C. WAOHTMEISTEE. [seal. PEOTOCOL. DONE AT STOCKHOLM, MAT 26, 1869. The undersigned met to-day to sign the convention agreed upon in conformity with their respective full powers, relating to the citizenship of those persons who emigrate from the United States of America to Sweden and Norway, arid from Sweden and Norway to the United States of America ; on which occasion the following observations, more exactly 826 TREATIES AND CONVENTIONS. < defining and explaining the contents of this convention, were entered in the following protocol : I. Eelating to the first article of the convention. It is understood that if a citizen of the United States of America has been discharged from his American citizenship, or, on the The additional five ... . -* • /i /-* i -*-r • i t -i • ' -t -. 7,^,™^,^ other side, it a Swede or a .Norwegian has been discharged from his Swedish or Norwegian citizenship, in the manner legally prescribed by the Government of his original country, and then in the other country in a rightful and perfectly valid manner acquires citizenship, then an additional five years' residence shall no' longer be required; but a person who has in that manner been recognized as a citizen of the other country shall, from the moment thereof, be held and treated as a Swedish or Norwegian citizen, and, reciprocally, as a citizen of the United States. II. Eelating to the second article of the convention. If a former Swede or Norwegian, who under the first article is to be , gwete> &c na held as an adopted citizen of the United States of America, turalLT m c 'th a e has emigrated after he has attained the age when he be- united States and. -." .. -. , .,,, . -..'-' . . , . returning to their comes liable to military service, and returns again to his bS E "to Blithe* original country, it is agreed that he remains liable to trial and punishment for an action punishable by the laws of his original country and committed before his emigration, but not for the act of emigration itself, unless thereby have been committed any punishable action against Sweden or Norway, or against a Swedish or Norwegian citizen, such as non-fulfilment of military service, or desertion from the military force or from a ship, saving always the limitation es- tablished by the laws of the original country, and any other remission of liability to punishment ; and that he can be held to fulfil, according to the laws, his military service, or the remaining part thereof. III. Eelating to the third article of the convention. s»ede 3 &c na * s f ur fch er agreed that if a Swede or Norwegian, who SeTsLteC all ^ as become a naturalized citizen of the United States, re- reneting the'r re°i- news his residence in Sweden or Norway without the intent wlth^e inteL nSi to retjurn to America, he shall be held by the Government united 'states, hew of the United States to have renounced his American citi- to renounce their.. American citizen- ZCnSUip. The intent not to return to America may be held to exist when the person so naturalized resides more than two years in Sweden or Norway. JOSEPH J. BAETLETT. 0. WACHTMEISTEE. SEAL. SEAL. SWISS CONFEDERATION. SWISS CONFEDERATION, 1847; ^CONVENTION WITH THE SWISS CONFEDERATION FOR THE MUTUAL ABO- LITION OF THE DROIT D'AUBAINE AND TAXES ON EMIGRATION. CON- CLUDED MAY 18, 1847; RATIFICATIONS EXCHANGED AT WASHINGTON, MAY 3, 1848; PROCLAIMED MAY 4, 1848. The President of the United States of America and the Federal Di- rectory of the Swiss Confederation, animated by the desire Pream bi e to secure and extend by an amicable convention the rela- tions happily existing between the two countries, have to this effect ap- pointed as their Plenipotentiaries, to wit ; The President of the United States of America, James Buchanan, Secretary of State of the United States ; and the Federal NeBOtilltor9 Directory of the Swiss Confederation, A. C. Cazenove, Swiss Consul at Alexandria ; Who, after the exchange of their fall powers, found ia good and due form, have agreed upon and signed the following articles : Article I. The citizens of each one of the high contracting parties shall have power to dispose of their personal property within the juris- diction of the other, either by testament, donation, or ab in- testato, or in any other manner ; and their heirs, being citi- zens of the other party, shall in hferit all such personal estates, whether by testament or ab intestate, and they may take possession of the same, either personally or by attorney, and dispose of them as they may think proper, paying to the respective governments no other charges Jhan those to which the inhabitants of the country in which the said property shall be found would be liable in a similar case ; and in the absence of such heir, or heirs, the same care shall be taken Property of ab3ent of the property that would be taken in the like case, for the he,r "- preservation of the property of a, citizen of the same country, until the lawful proprietor shall have had time to take measures for possessing himself of the same; and in case any dispute should arise Caaesofdia ute between claimants to the same succession as to the property thereof, the question shall be decided according to the laws and by the judges of the country in which the property is situated. Article II. If, by the death of a person owning real property in the territory of one of the high contracting parties, such property should descend, either by the laws of the country or by testament: ary disposition, to a citizen of the other party, who, on account of his being au alien, could not be permitted to retain the actual possession of such property, a term of not less than three years shall be allowed to him to dispose of such property, and to collect and withdraw the proceeds 828 TREATIES AND CONVENTIONS. thereof, without paying to the Government any other charges than those- which in a similar case would be paid by an inhabitant of the country in which such real property may be situated. Article III. The present convention shall be in force for the term of twelve years Duration of thu from the date hereof ; and further, until the end of twelve convention. months after the Government of the United States on the one part, or that of the Swiss Confederation on the other, shall have given notice of its intention of terminating the same. This convention shall be ratified, and the ratifications shall be ex- changed at Washington, within twelve months after its date, Ratifications. ° . n -1,1 or sooner if possible. In faith whereof, the respective Plenipotentiaries have signed the present convention, and have thereunto affixed their seals. Done at Washington, this eighteenth day of May, A. D. 1847, and of the Independence of the United States the seventy -first. JAMES BUCHANAN. [l. s.l ANT. CHS. CAZENOVE. [l. s/ SWISS CONFEDERATION, 1850. CONVENTION OP FRIENDSHIP, COMMERCE, EXTRADITION, &C, WITH THE SWISS CONFEDERATION, CONCLUDED NOVEMBER 25, 1850; RATIFICA- TIONS EXCHANGED NOVEMBER 8, 1855; PROCLAIMED NOVEMBER 9, 1855. The United States of America and the Swiss Confederation, equally animated by the desire to preserve and to draw more closely the bonds of friendship which so happily exist between the two Republics, as well as to augment, by all the means at their disposal, the commercial inter- course of their respective citizens, have mutually resolved to conclude a general convention of friendship, reciprocal establishments, commerce, and for the surrender of fugitive criminals. For this purpose they have appointed as their Plenipotentiaries, to wit : The President of the United States^ A. Dudley Mann, Special Agent of the United States on a mission to the Swiss Confedera- Ne.oti.ton>. tioD . and the gwisg Federal council, Henry Druey, Presi- dent of the Swiss Confederation, Director of the Political Department, and Frederick Frey-H6ros6e, member of the Federal Council, Director of the Department of Commerce and of Tolls ; Who, after a communication of their respective full powers, have agreed to the following articles : Article I. The citizens of the United States of America and the citizens of Swit- citiieD.tobe.on. zerland shall be admitted and treated upon a footing of footins of equality, reciprocal equality in the two countries, where such admis- sion and treatment shall not conflict with the constitutional or legal provisions, as well federal as State and cantonal, of the contraeting par- ties. The citizens of the United States and the citizens of Switzerland, as well as the members of their families, subject to the constitutional SWISS CONFEDERATION, 1850. 829 and legal provisions aforesaid, and yielding obedience to the laws, regu- lations, and usages of the country wherein they reside, shall be at liberty to come, go, sojourn temporarily, domiciliate or Libertieseraiitei establish themselves permanently, the former in the Cantons of the Swiss Confederation, the Swiss in the States of the American Union, to acquire, possess, and alienate therein property, (as is explained in Article V;) to manage their affairs; to exercise their profession, their industry, and their commerce; to have establishments; to possess ware- houses; to consign their products and their merchandise, and to sell them by wholesale or retail, either by themselves or by such brokers or other agents as they may think proper; they shall have free access to the tribunals, and shall be at liberty to prosecute and defend their rights before courts of justice in the same manner as native citizens, either by themselves or by such advocates, attorneys, or other agents as they may think proper to select. No pecuniary or other more burden- some condition shall be imposed upon their residence or establishment, or upon the enjoyment of the above-mentioned rights, than shall be im posed upon citizens of the country where they reside, nor any condition whatever to which the latter shall not be subject. The foregoing privileges, however, shall' not extend to the exercise of political rights, nor to a participation in the property of Reaction on »id communities, corporations, or institutions of which the citi- libmies - zens of one party, established in the other, shall not have become mem- bers or co-proprietors. Article II. The citizens of one of the two countries, residing or established in the other, shall be free from personal military service ; but they shall be liable to the pecuniary or material contributions which may be required, by way of compensation, from citizens of the country where they reside, who are exempt from the said service. No higher impost, under whatever name, shall be exacted from the citizens .of one of the two countries, residing or established in the other, than shall be levied upon citizens of the country in which they reside, nor any contribution whatsoever to which the latter shall not be liable. In case of war, or of expropriation for purposes of public utility, the citizens of one of the two countries, residing or established j^ m „ Mm rot in the other, shall be placed upon an equal footing with the dama « es - citizens of the eountry in which they reside with respect to indemnities for damages they may have sustained. Article III. The citizens of one of the two Republics, residing or established in the other, who shall desire to return to their country, or who shall be sent thither by a judicial decision, by an act of ° r H'^'w^TH police, or in conformity with the laws and regulations on morals and mendicity, shall be received at all times and under all cir- cumstances, they, their wives, and their legitimate issue, in the country to which they belong, and in which they shall have preserved their rights in conformity with the laws thereof. Article IV. In order to establish their character as citizens of the Unite I States of America, or as citizens of Switzerland, persons belonging to the two contracting countries shall be bearers of passports, Pass p° rts| . &c - Real estate. 830 * TREATIES AND CONVENTIONS. or of other papers in due form, certifying their nationality, as well as that of the members of their family, furnished or authenticated by a diplomatic or consular agent of their nation, residing in the one of the two countries which they wish to inhabit. Article V. The citizens of each one of the contracting parties shall have power to dispose of their personal property within the jurisdiction of the other, by sale, testament, donation, pr in any other manner ; and their heirs, whether by testament or ab intestato, or their successors, being citizens of the other party, shall succeed to the said property, or inherit it, and they may take possession thereof, either by themselves or by others acting for them; they may dispose of the same as they may think proper, paying no other charges than those to which the inhabitants of the country wherein the said property is situated shall be liable to pay in a similar case. In the absence of such heir, property of de- heirs> or other successors, the same care shall be taken by cea»ed » er8 onB. t jje authorities .for the preservation of the property that would be taken for the preservation of the property of a native of the same country, until the lawful proprietor shall have had time to take measures for possessing himself of the same. The foregoing provisions shall be applicable to real estate situated within the States of the American Union, or within the Cantons of the Swiss Confederation, in which foreigners shall be entitled to hold or inherit real estate. But in case real estate situated within the territories of one of the , contracting parties should fall to a citizen of the other party, who, on account of his being an alien, could not be permitted to hold such prop- erty in the State or in the Canton in which it may be situated, there shall be accorded to the said heir, or other successor, such term as the laws of the State or Canton will permit to sell such property ; he shall be at liberty at all times to withdraw and export the proceeds thereof without difficulty, and without paying to the Government any other charges than those which in a similar case would be paid by an inhab- itant of the country in which the real estate may be situated. Article VI. Any controversy that may arise among the claimants to the same suc- cession, as to whom the property shall belong, shall be de- ■•i' Vi°iniantV to cided according to the laws and by the judges of the country in which the property is situated. Article VII. The contracting parties give to each other the privilege of having, consuls »„d vice- each, in the large cities and important commercial places of co,.»ui.. their respective States, Consuls and Vice-Consuls of their own appointment, who shall enjoy the same privileges and powers, in the discharge of their duties, as those of the most favored nations. But before any Consul [or Vice-Consul] shall act as such, he shall, in the ordinary form, be approved of by the Government to which he is commissioned. In their private and business transactions, Consuls and Vice-Consuls shall be submitted to the same laws and usages as private individuals, citizens of the place in which they reside. SWISS CONFEDERATION, 1850. 831 It is hereby understood that in case of offence against the laws by a Consul or a Vice-Consul, the Government to which he is commissioned may, according to circumstances, withdraw his exequatur, send him away from the country, or have him punished in conformity with the laws, assigning tp the other Government its reasons for so doing. The archives and papers belonging to the consulates shall be respected inviolably, and under no pretext whatever shall any magis- Archive a, **., to trate, or other functionary, visit, seize, or in any way inter- be '•"™ lMe - fere with them. Article VIII. In all that relates to the importation, exportation, and transit of their respective products, the United States of America and the Each nation to Swiss Confederation shall treat each other, reciprocally, as %££?£* Lt&Z the most favored nation, union of nations, State, or society, ^t^^J^S as is explained in the following articles. oiprodicte. Article IX. Neither of the contracting parties shall impose any higher or other duties upon the importation, exportation, or transit of the natural or industrial products of the other, than are or shall be payable upon the like articles, being the produce of any other country, not embraced within its present limits. Article X. In order the more effectually to attain the object contemplated in Article VIII, each of the contracting parties hereby engages oomme re w prm- not to grant any favor in commerce to any nation, union of leee "' nations, State, or society, which shall not immediately be enjoyed by the other party. Article XI. Should one of the contracting parties impose differential duties upon the products of any nation, the other party shall be at liberty to determine the manner of establishing the origin of its own °" B "" >f prod ° * products, destined to enter the country by which the differential duties are imposed. Article XII. The Swiss territory shall remain open to the admission of articles arriving from the United States of America ; in like manner, no port of the said States shall be closed to articles arriving from Switzerland, provided they are conveyed in vessels of the United States, or in vessels of any country having free access to the ports of said States. Swiss merchandise arriving under the flag of the United States, or under that of one of the nations most favored by them, shall _ pay the same duties as the merchandise of such nation ; under any other flag it shall be treated as the merchandise of the country to which the vessel belongs. In case of shipwreck and of salvage on the coasts of the United States, Swiss merchandise shall be respected and treated as that v***.., belonging to citizens of the said States. Shipw 7 t , The United States mnaenf +« ^^"fi +« Swiss products, arriving or 832 TREATIES AND CONVENTIONS. M »t favored „«- shipped under their flag, the advantages which are or shall tum cimm. ^q enjoyed by the products of the most favored nation ar- riving or shipped under the same flag. It is hereby understood that no stipulation of the present article shall in any manner interfere with those of the four aforegoing articles, nor with the measures which have been or shall be adopted by either of the contracting countries in the interest of public morality, security, or order. Article XIII. The United States of America and the Swiss Confederation, on requisi- tions made in their name through the medium of their re- spective Diplomatic or Consular Agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum or shall be found within the territories of the other: Provided, That this shall be done only when the fact of the com- mission of the crime shall be so established as to justify their apprehen- sion and commitment for trial if the crime had been committed in the country where the persons so accused shall be found. Article XIV. • Persons shall be delivered up, according to the provisions of this con- vention, who shall be charged with any of the following' crimes, to wit: Murder, (including assassination, parricide, infanticide, and poisoning ; ) attempt to commit murder ; rape ; forgery, or the emission of forged papers ; arson ; robbery with violence, intimidation, or forcible entry of an inhabited house'; piracy; embezzlement by public officers, or by per- sons hired or salaried to the detriment of their employers, when these crimes are subject to infamous punishment. Article XV. On the part of the United States, the surrender sha llbe made only by u ,/nder * ne au ^liority of the Executive thereof; and on the part of the Swiss Confederation, by that of the Federal Council. Article XVI. The expenses of detention and delivery, effected in virtue of the pre- ceding articles, shall be at the cost of the party making the jE„e Me5 . demand. Article XVII. The provisions of the aforegoing articles relating to the ' paw m "oii'S of- surrender of fugitive criminals shall not apply to offences committed before the date hereof, nor to those of a political character. Article XVIII. » The present convention is concluded for the period of ten years, count- Duration or this in g from tne da y of tne exchange of the ratifications ; and c«nve»t.on. jf ; one y ear before the expiration of that period, neither of the contracting parties shall have announced, by an official notification, its intention to the other to arrest the operatious of said convention, it . SWISS CONFEDERATION, 1850. 833 shall continue binding for twelve months longer, and so on, from year to year, until the expiration of the twelve months which will follow a similar declaration, whatever the time at which it may take place. Article XIX. This convention shall be submitted, on both sides, to the approval and ratification of the respective competent authorities of each of the contracting parties, and the ratifications shall be exchanged at the city of Washington as soon as circumstances shall admit. In faith whereof, the respective Plenipotentiaries have signed the above articles, under reserve of the above-mentioned ratifications, both in the English and French languages, and they have thereunto affixed their seals. Done in quadruplicate, at the city of Berne, this twenty-fifth day of November, in the year of our Lord one thousand eight hundred and fifty. A. DUDLEY MA20T. H. DEUEY. F. PEEY-HEEOSEE. 53 L. S. L. S. L. S. TEXA8. TEXAS, 1838. convention between the government of the united states op america and the government of the republic of texas, to terminate the reclamations of the former government for the capture, seizure, and detention of the brigs pocket and durAngo, And for injuries suffered by American citizens on board the pocket. concluded april 11, 1838; ratifications ex- changed july 6, 1838; proclaimed july 6, 1838. Alc6e La Branche, Charge" d' Affaires of the United States of America, near the Eepublic of Texas, acting on behalf of the said United States of America, and E. A. Irion, Secretary of State of the Eepublic of Texas, acting on behalf of the said Eepublic, have agreed to the following arti- cles : Article I. The Government of the Eepublic of Texas, with a view to satisfy the aforesaid reclamations for the capture, seizure, and confis- iJemnV'uT'ited cation of the two vessels aforementioned, as well as for indemnity to American citizens who have suffered injuries from the said Government of Texas, or its officers, obliges itself to pay the sum of eleven thousand seven hundred and fifty dollars ($11,750) to the Government of the United States of America, to be distributed amongst the claimants by the said Government of the United States of America. Article II. The sum of eleven thousand seven hundred and fifty dollars, ($11,750,) Ayment of .aid agreed on in the first art[icle,] shall be paid in gold or silver, indemnity. with interest at six per cent., one year after the exchange of the ratifications of this convention. The said payment shall be made at the seat of Government of the Eepublic of Texas, into the hands of such person or persons as shall be duly authorized by the Government of the United States of America to receive the same. Article III. The present convention shall be ratified, and the ratifications thereof shall be exchanged in the city of Washington, in the space Ratifications. Q ^ tliree mon ths from this date, or sooner if possible. In faith whereof the parties above named have respectively subscribed these articles, and thereto affixed their seals. Done at the city of Houston on the eleventh day of the month of April, one thousand eight hundred and thirty-eight. ALCEE LA BEANCHE. E. A. IEIOK L. S. L. S. TEXAS, 1838. 835 TEXAS, 1838. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF TEXAS FOR MARKING THE BOUNDARY BETWEEN THEM. CONCLUDED APRIL 2£, 1838; RATIFICATIONS EXCHANGED OCTOBER 12, 1838; PROCLAIMED OCTOBER 13, 1838. Whereas the treaty of limits made and concluded on the twelfth day of January, in the year of our Lord one thousand eight hundred and twenty-eight, between the United States of America on the one part and the United Mexican States on the other, is binding upon the Eepublic of Texas, the same having been entered kito at a time when Texas formed al part of the said United Mexican States; And whereas it is deemed proper and expedient, in order to prevent future disputes and collisions' between the United States and Texas in regard to the boundary between the two countries as designated by the said treaty, that a portion of the same should be run and marked with- out unnecessary delay: The President of the United States has appointed John Forsyth their Plenipotentiary, and the President of the Eepublic of Texas has appointed Mernucan Hunt its Plenipotentiary; And' the said Plenipotentiaries, having exchanged their full powers, have agreed upon and concluded the following articles : Article I. Each of the contracting parties shall appoint a commissioner and surveyor, who shall meet, before the termination of twelve months from the exchange of the ratifications of this con- Bou ° darr ' ine ' vention, at New Orleans, and proceed to run and mark that portion of the said boundary which extends from the mouth of the Sabine, where that river enters the Gulph of Mexico, to the Eed Eiver. They shall make out plans and keep journals of their proceedings, and the result agreed upon by them shall be considered as part of this convention, and shall have the same force as if it were inserted therein. The two Governments will amicably agree respecting the necessary articles to be furnished to those persons, and also as to their respective escorts, should such be deemed necessary. Article II. And it is agreed that until this line shall be marked out, as is pro- vided for in the foregoing article, each of the contracting Each pWt0 „. parties shall continue to exercise jurisdiction in all territory •™ B J 1 iftf**°£ over which its jurisdiction has hitherto been exercised; and " ,arke4 that the remaining portion of the said boundary line shall be run and marked at such time hereafter as may suit the convenience of both the contracting parties, until which time each of the said parties shall exer- cise, without the interference of the other, within the territory of which the boundary shall not have been so marked and run, jurisdiction to the same extent to which it has been heretofore usually exercised. Article III. The present convention shall be ratified, and the ratifications shall 836 TREATIES AND CONVENTIONS. be exchanged at Washington, within the term of six months RaMcation, from ^ ^^ hereofj or s00ner jf possible. In witness whereof we, the respective Plenipotentiaries, have signed the same, and have hereunto affixed our respective seals. Done at Washington this twenty-fiftfc day of April, in the year of our Lord one thousand eight hundred and thirty-eight, in the sixty- second year of the Independence of the United States of America, and in the third of that of the Kepublic of Texas. JOHN FOESYTH. MEMUCAN HUNT. L. S. L. S. TRIPOLI: TRIPOLI, 1796. TREATY OF PEACE AND FRIENDSHIP BETWEEN THE UNITED STATES OF AMERICA AND THE BEY AND SUBJECTS OF TRIPOLI, OF BARBARY. CONCLUDED NOVEMBER 4, 1796. Article I, There is a firm and perpetual peace and friendship between the United? States of America and the Bey and subjects of Tripoli of Barbary, made by the free consent of both parties, and JlZI^oc' t ? °- guaranteed by the Most Potent Dey and Begencyof Al- DejofAl8ier9 - - giers. Article II. If any goods belonging to any nation with which either of the parties is at war, shall be loaded on board of vessels belonging to the other party, they shall pass free, and no attempt shall EM "»" s «°° d '- be made to take or detain them. Article III. If any citizens, subjects, or effects belonging to either party, shall be found on board a prize- vessel taken from an enemy by the other party, such citizens or subjects shall be set at liberty, °Z°™ZZ<. p £l'- and the effects restored to the owners. ,ela ' Article IV. Proper passports are to be given to all vessels of both parties, by which they are to be known. And considering the distance between the two countries, eighteen months from the date Pa " P ° r "' of this treaty shall be allowed for procuring such passports. During this interval, the other papers belonging to such vessels shall be sufficient for their protection. Article V. A citizen or subject of either party having bought a prize- vessel condemned by the party or by any other nation, the certifi- cate of condemnation and bill of sale shall be a sufficient bm°"£.Kf™,E?. passport for such vessel for one year; this being a reason- STiSJS'S'S: able time for her to procure a proper passport. ""' Article VI. Vessels of either party putting into the ports of the other, and having need of provisions or other supplies, they shall be furnished Ves , el8 putt * at the market price. And if any such vessel shall so put in iSX'^Ej™ -from a disaster at sea,, anrl ha^a nnnadnr, +o repair she shall re J ,a i™. prc " 83 S TREATIES AND CONVENTIONS. . be at liberty to land and reimbark her cargo, without paying any duties. But in no case shall she be compelled to land her cargo.' Article VII. Should a vessel of either party be cast on the shore of the other, all proper assistance shall be given to her and her people — no pillage shall be allowed; the property shall remain at the disposition of the owners, and the crew protected and succoured till they can be sent to their country. Article VIII. If a vessel of either party should be attacked by an enemy within gun shot of the forts of the other, she shall be defended as Neutrality or porn, mnc -j 1 ag p 0SS i D i e> jf SQe \) Q i a , port, she shall not be seized or attacked, when it is in the power of the other party to protect her; and when she proceeds to sea, no enemy shall be allowed to pursue her from the same port within twenty -four hours after her departure. Article IX. The commerce between the United States and Tripoli ; the protection to be given to merchants, masters of vessels and seamen; the reciprocal right of establishing Consuls in each country, and the privileges, immunities, and jurisdictions to be enjoyed by such Consuls are declared to be on the same footing with those of the most favoured nations respectively. Article X. The money and presents demanded by the Bey of Tripoli, as a full and satisfactory consideration on his part, and on the part of his subjects, for this treaty of perpetual peace and friend- ship, are acknowledged to have been received by him previous to his signing the same, according to a receipt which is hereto annexed ; except such part as is promised on the part of the United States, to be delivered and paid by them on the arrival of their Consul in Tripoli, of which part a notice is likewise hereto annexed. And no pretence of any periodical tribute or farther payment is ever to be made by either party. Article XI. As the Government of the United States of America is not in any sense founded on the Christian religion ; as it has in itself no character of enmity against the laws, religion, or tran- quillity of Musselmen ; and as the said States never have entered into any war or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries. Article XII. In case of any dispute arising from the violation of any of the articles routes between of this treaty, no appeal shall be made to arms, nor shall thepartie.. war jj e ,j ec ] are( j on an y p re text whatever. But if the Con- R e ligioue opinions. TRIPOLI, 1796. #39 sui residing at the place where the dispute shall happen shall not be able to settle the same, an amicable reference shall be made to the mutual friend of the parties, the Dey of Algiers, the parties hereby- engaging to abide by his decision. And he, by virtue of his signature to this treaty, engages • for himself and his successors to declare the justice of the case according to the true interpretation of the treaty, and to use all the means in his power to enforce the observance of the same. Signed and sealed at Tripoli of Earbary, the 3d day of Jumad, in the year of the Hegira 1211, corresponding with the 4th day of November, 1796, by JUSSUF BASHAW MAHOMET, Bey. MAMET, Treasurer., AMET, Minister of Marine. AMET, Chamberlain. ALLY, Chief of the Divan. SOLI MAN KATA. GALLL, General of the Troops. MAHOMET, Cmdt. of the City. MAMET, Secretary. L. s. L. s. L. s. L. s. L. S. L. S. L. S. L. S. L. S. Signed and sealed at Algiers, the 4th day of Argil, 12il, correspond- ing with the 3d day of January, 1797, by HASSAN BASHAW, Bey. [l. g.] And by the Agent Plenipotentiary of the United States of America, JOEL BARLOW, [l. s.] I, Joel Barlow, Agent and Consul General of the United States of America, for the City and Kingdom of Algiers, certify and Certificate of the attest that the foregoing is a true copy of the treaty, con- cow.buoeiBMiow. eluded between the said United States and the Bey and subjects of Tripoli of Barbary, of which the original is to be transmitted by me to the Minister of the said United States, in Lisbon. In testimony whereof, I sign these presents with my hand, and affix thereto the seal of the Consulate of the United States, at Algiers, this 4th day of January, 1797. JOEL BAELOW. [L. S.] To all to whom these presents shall come or be made known : Whereas the under-written David Humphreys hath been duly ap- pointed Commissioner Plenipotentiary, by letters-patent under the signature of the President and seal of the United <£^St?r>Jl States of America, dated the 30th of March, 1795, for nego- Hun,phrers ' ciating and concluding a treaty of peace with the most illustrious the Bashaw, Lords and Governors of the City and Kingdom of Tripoli : Whereas, by a writiug under his hand and seal, dated the 10th of Feb- ruary, 1796, he did, (in conformity to the authority committed me there- for,) constitute and appoint Joel Barlow, and Joseph Donaldson, junior, agents, jointly and separately in the business aforesaid: Whereas the annexed treaty of peace and friendship was agreed upon, signed and sealed at Tripoli of Barbary, on the 4th of November, 1796, in virtue of the powers aforesaid, and guaranteed by the Most Potent Dey and Regency of Algiers: And whereas the same was certified at Algiers on the 3d of January, 1797, with the signature and seal of Hassan Bashaw, 840 TKEATIES AND CONVENTIONS. « Dey, and of Joel Barlow, one of the agents aforesaid, in the absence of the other. Now, know ye, that I, David Humphreys, Commissioner Plenipoten- tiary aforesaid, do approve and conclude the said treaty, and every article and clause therein contained, reserving the same nevertheless for the final ratification of the President of the United States of America, by and with the advice and consent of the Senate of the said United States. In testimony whereof, I have signed the same with my name and seal, at the city of Lisbon, this 10th of February, 1797. DAVID HUMPHREYS, [l. s.] TRIPOLI, 1805. TREATY OP PEACE AND AMITY BETWEEN THE UNITED STATES OF AMER- ICA AND THE BASHAW, BEY, AND SUBJECTS OP TRIPOLI, IN BARBARY, CONCLUDED JUNE 4, 1805. Article I. There shall be from the conclusion of this treaty a firm, inviolable, p e «ce and friend- an( l universal peace, and a sincere friendship, between the ,hip reestablished. p res i(i en t and citizens of the United States of America, on the one part, and the Bashaw, Bey, and subjects of the Regency of Tripoli, in Barbary, on the other, made by the free consent of both parties, and on the terms of the most favored nation. And if either party shall hereafter grant to any other nation any partic- Commerce,.&c. i j? • -l • • I- -tin ular favor or privilege in navigation or commerce, it shall immediately become common to the other party, freely, where it is freely granted to such other nation, but where the grant is conditional, it shall be at the option of the contracting parties to accept, alter, or reject such conditions, in such manner as shall be most conducive to their respective interests. Article II. The Bashaw of Tripoli shall deliver up to the American squadron now off Tripoli all the Americans in his possession, and all the subjects of the Bashaw of Tripoli now in the power of the United States of America shall be delivered up to him ; and as the number of Americans in possession of the Bashaw of Tripoli amounts to three hundred persons, more or less, and the number of Tripoline sub- jects in the power of the Americans is about one hundred, more or less, the Bashaw of Tripoli shall receive from the United States of America the sum of sixty thousand dollars, as a payment for the difference between the prisoners herein mentioned. Article III. All the forces of the United States which have been or may be in hostility against the Bashaw of Tripoli, in the province of tt,i m "x o m ° i „™r Si- Derne, or elsewhere within the dominions of the said Bashaw, shall be withdrawn therefrom; and no supplies shall be given by or in behalf of the said United States, during the continuance of this peace, to any of the subjects of the said Bashaw who may be in hostility TRIPOLI, 1805. 841 against him, in any part of his dominions; and the Americans will use all means in. their power to persuade the brother of the said Bashaw, who has co-operated with them at Derne, &c, to withdraw from the territory of the said Bashaw of Tripoli, but will not use any force or improper means to effect that object; and in case he should withdraw himself as aforesaid, the Bashaw engages to deliver up to him his wife and children, now in his power. Article IV. If any goods belonging to any nation with which either of the parties are at war should be loaded on board vessels belonging to Free8 hip 8 tomak* the other party, they shall pass free and unmolested, and no fae x°° d »- attempts shall be made to take or detain them. Article Y. If any citizens or subjects, with their effects, belonging to either party, shall be found on board a prize vessel taken from an enemy c . t .^ ^ ^^ by the other party, such citizens or subjects shall be liber- ^'e^ll'\r tike" ia ated immediately, and their effects so captured shall be restored to their lawful owners, or their agents. / Article VI. Proper passports shall immediately be given to the vessels of both the contracting parties, on condition that the vessels of war belonging to the Begency of Tripoli, on meeting with mer- chant-vessels belonging to citizens of the United States of America, shall not be permitted to visit them with more than two persons besides the rowers; these two only shall be permitted to go on board, without first obtaining leave from the commander of said vessel, who shall com- pare the passport, and immediately permit said vessel to proceed on her voyage; and should any of the said subjects of Tripoli insult or molest the commander, or any other person on board a vessel so visited, or plunder any of the property contained in her, on complaint being made by the Consul of the United States of America resident at Tripoli, and on his producing sufficient proof to substantiate the fact, the commander or rais of said Tripoline ship or vessel of war, as well as the offenders, shall be punished in the most exemplary manner. All vessels of war belonging to the United States of America, on meeting with a cruizer belouging to the Begency of Tripoli, on having seen her passport and certificate from the Consul of the United States of America residing in the Begency, shall permit her to proceed on her cruize unmolested, and without detention. No passport shall be granted by either party to any vessels, but such as are absolutely the property of citizens or subjects. of said contracting parties, on any pretence whatever. Article VII. A citizen or subject of either of the contracting parties, having bought a prize-vessel, condemned by the other party, or by any other nation, the certificate of condemnation and bill of sale shall be a sufficient pass- port for such vessel for two years, which, considering the distance be- tween the two countries, is' no more than a reasonable time for her to procure proper passports. 842 TREATIES AND CONVENTIONS. Article VIII. Vessels of either party, putting into the ports of the other, and hav- ing need of provisions or other supplies, they shall be fur- tionf'permiaed "to nished at the market price, and if any such vessel should so US, iS 'previous, put in, from a disaster at sea, and have occasion to repair, she shall be at liberty to land and reiuibark her cargo without paying any duties; but in no case shall she be compelled to land her cargo. Article IX. Should a vessel of either party be cast on the shore of the other, all proper assistance shall be given to her and her crew. No giv A ertoThe,!°.»e b i« pillage shall be allowed, the property shall remain at the disposition of the owners, and. the crew protected and suc- coured, till they can be sent to their country. Article X. If a vessel of either party shall be attached by an enemy within gun- shot of the forts of the other, she shall be defended as much and" th™ e di.unci as possible. If she be in port, she 'shall not be seized or at- ™» e h i' raw 'it'" a°- tacked when it is in the power of the other party to protect her; and when she proceeds to sea, no enemy shall be allowed to pursue her from the same port within twenty-four hours after her departure. Article XI. The commerce between the United States of America and the Regency of Tripoli ; the protections to be given to merchants, masters of vessels, and seamen; the reciprocal right of establishing Consuls in each country, and the privileges, immunities, and jurisdic- tions to be enjoyed by such Consuls, are declared to be on the same ( footing with those of the most favored nations, respectively. Article XII. The Consul of the United States of America shall not be answerable for debts contracted by citizens of his own nation, unless he previously gives a written obligation so to do. Article XIII. On a vessel of war belonging to the United States of America, anchor- ing before the city of Tripoli, the Consul is to inform the Bashaw of her arrival, and she shall be saluted with twenty- one guns, which she is to return in the same quantity or number. ARTICLE XIV. As the Government of the United States of America has in itself no character of enmity against the laws, religion, or tranquility Re ' i *™ mltel of Musselmen, and as the said States never have entered TRIPOLI, 1805. 843 into any voluntary war or act of hostility against any Mahometan na- tion, except in the defence of their just rights to freely navigate the high seas, it is declared by the contracting parties, that no pretext arising from religious opinions shall ever produce an interruption of the har- mony existing between the two nations. And the Consuls and Agents of both nations respectively, shall have liberty to exercise his religion in his own house. All slaves of the same religion shall not be impeded in going to said Consul's house at hours of prayer. The Consuls shall have liberty and personal security given them to travel within the- terri- tories of each other both by land and sea, and shall not be prevented from going on board any vessel that they inay think proper to visit, They shall have likewise the liberty to appoint their own drogainan and brokers. Article XV. In case of any dispute arising, from the violation of any of the articles of this treaty, no appeal shall be made to arms; nor shall T . me ^^ be war be declared, on any pretext whatever; but if the Consul fore""™" °Z^ « residing at the place where the dispute shall happen shall not be able to settle the same, the Government of that country shall state their grievances in writing, and transmit it to the Government of the other; and the period of twelve calendar months' shall be allowed for answers to be returned, during which time no act of hostility shall be permitted by either party; and in case the grievances are not redressed, and a war should be the event, the Consuls and citizens or subjects of both parties, reciprocally, shall be permitted to embark with their effects unmolested on board of what vessel or vessels they shall think proper. Article XVI. If, in the fluctuation of human events, a war should break out between the two nations, the prisoners captured by either party shall not be made slaves, but shall be exchanged rank for rank. And if there should be a deficiency on either side, it shall be made up by the payment of five hundred Spanish dollars for each captain, three hundred dollars for each mate and supercargo, and one hundred Span- ish dollars for each seaman so wanting.,. And it is agreed that prisoners shall be exchanged in twelve mouths from the time of their capture; and that the exchange may be effected by any private individual legally authorized by either of the parties. Article XVII. If any of the Barbary States, or other Powers, at war with the United States of America, shall capture any American vessel, and Ve , adB of United send her into any of the ports of the Regency of Tripoli, 2"rff*5 they shall not be permitted to sell her, but shall be obliged States - to depart the port, on procuring the requisite supplies of provisions ; and no duties shall be exacted on the sale of prizes, captured by the vessels sailing under the flag of the United States of America, when brought into any port in the Eegency of Tripoli. Article XVIII. If any of the citizens of the United States, or any persons under their 844 TREATIES AND CONVENTIONS. protection; shall have any disputes with each other, the ,ti5°h?Sim™iiu> Consul shall decide between the parties, and whenever the umted s«te.. _ Consul shall require any aid or assistance from the Govern- ment of Tripoli to enforce his decisions, it shall immediately be granted to him, and if any disputes shall arise between any citizen of the United States and the citizens or subjects of any other nation having a Consul or Agent in Tripoli; such disputes shall be settled by the Consuls or Agents of the respective nations. Article XIX. If a citizen of the United States should kill or wound a Tripoline, or, Themioctto re on *^ 6 contrary, if a Tripoline shall kill or wound a citizen hoiniclEa ° rCee " dPrt ° °f ^ ne United States, the law of the country shall take place,. > and equal justice shall be rendered, the Consul assisting at the trial ; and if any delinquent shall make his escape, the Consul shall not be answerable for him in any manner whatever. Article XX. Should any of the citizens of the United States of America die within the limits of the Regency of Tripoli, the Bashaw and his stRte«"S?ing m°tbe subjects shall not interfere with the property of the deceased, but it shall be under the immediate direction of the Con- sul, unless otherwise disposed of by will. Should there be no Consul, the effects shall be deposited in the hands of some person worthy of trust, until the party shall appear who has a right to demand them, when they shall render an account of the property. Neither shall the Bashaw or his subjects give hindrance in the execution of any will that may appear. Whereas the undersigned, Tobias Lear, Consul General of the United States of America, for the Eegency of Algiers, being duly appointed Commissioner, by letters-patent under the signature of the President and seal of the United States of America, bearing date at the city of Washington, the 18th day of November, one thousand eight hundred and three, for negociating and concluding a treaty of peace between the United States of America, and the Bashaw, Bey, and subjects of the Regency of Tripoli in Barbary. Now know ye, that I, Tobias Lear, Commissioner as aforesaid, do con- clude the foregoing treaty, and every article and clause therein contained, reserving the same, nevertheless, for the final ratification of the Presi- dent of the United States of America, by and with the advice and con- sent of the Senate of the said United States. Done at Tripoli, in Barbary, the fourth day of June, in the year one thousand eight hundred and five, corresponding with the sixth day of the first month of Eabbia, 1220. TOBIAS LEAE. Having appeared in our presence, Colonel Tobias Lear, Consul-Gen- eral of the United States of America, in the Eegency of Algiers, and Commissioner for negociating and concluding a treaty of peace and friendship between us and the United States of America, bringing with him the present treaty of peace, with the within articles, they were by TRIPOLI, 1805 845 us minutely examined, and we do hereby accept, confirm, and ratify them, ordering, all our subjects to fulfil entirely their contents without any violation, and under no pretext. , In witness whereof we, with the heads of our Eegency, subscribe it. Given at Tripoli, in Barbary, the sixth day of the first month of Bab- bia, 1220, corresponding with the fourth day of June, 1805. JUSUF CAEAMANLY, Bashaw. [l. S. MAHAMET CAEAMANLY, Bey. L. s. MOHAMET, Kahia. L. s. HAMET, Bais de Marine. [l. s. MAHAMET DEGHEIS, First Minister, [l. s. SAL AH, Aga of Divan. L. s. SELTM, Hamadar. [l. s. MURAT, Dulartile. L. s. MUEAT EAIS, Admiral. L. s. SOLIMAN, Kehia. [l. s. ABDALLA, Basa Aga. • [L. s. MAHAMET, Scheig al Belad. [l. s. ALLI BEN DIALE, First Secretary. [L. S. *N TUNIS. TUNIS, 1797. TREATY OF PEACE AND FRIENDSHIP BETWEEN THE UNITED STATES OP AMERICA AND THE KINGDOM OF TUNIS. CONCLUDED AUGUST, 1797, MARCH 36, 1799. God is infinite. Under the auspices of the greatest, the most powerful of all the Princes of the Ottoman nation who reign upon the earth, our most glo- rious and most august Emperor, who commands the two lands and the two seas, Selirn Kan, the victorious son of the Sultan Moustafa, whose realm may God prosper until the end of ages, the support of Kings, the Seal of J ustice, , the Emperor of Emperors. The Most Illustrious and Most Magnificent Prince, Hamouda Pacha, Bey, who commands the Odgiak of Tunis, the abode of happiness, and the Most Honored Ibrahim Dey, and Soliman, Aga of the Janissaries, and Chief of the Divan, and all the Elders of the Odgiak; and the Most Distinguished and Honored President of the Congress of the United States of America, the most distinguished among those who profess the religion of the Messiah, of whom may the end be happy. "VVe have concluded between us the present treaty of peace and friend- ship, all the articles of which have been framed by the intervention of Joseph Stephen Earain, French merchant residing at Tunis, Charge" d'Affaires of the United States of America, which stipulations and con- ditions are comprised in twenty-three articles, written and expressed in such manner as to leave no doubt of their contents, and in such way as not to be contravened. Article 1. There shall be a perpetual and constant peace between the United States of America and the Magnificent Pacha, Bey of Tunis; and also a permanent friendship, which shall more and more increase. Article II. If a vessel of war of the two nations shall make prize of an enemy'&s Reoton.uoWB.b- vessel, in which may be found effects, property, and sub- , sects a n d goods. j e cts of the two contracting parties, the whole shalhbe restored : the Bey shall restore the property and subjects of the United States, and the latter shall make a reciprocal restoration, it being understood on both sides that the just right to what is claimed shall be proved. Article III. Merchandise belonging to any nation which may be at war with one of the contracting parties, and loaded on board of the ves- b a"d™ 9 5 oi''th° sels of the other, shall pass without molestation, and with- out any attempt being made to capture or detain it. TUNIS, 1797. 847 Article IV. On both sides sufficient passports shall be given to vessels, that they may be known and treated as friendly ; and, considering Pms ort> the distance between the two countries, a term of eighteen months is given, within which term respect shall be paid to the said passports, without requiring the conge" or document, (which, at Tunis, is called testa,) but after the said term the conge" shall be presented. Article V. If the corsairs of Tunis sh all meet at sea with ships of war of the United States, having under their escort merchant-vessels of their commander ? r a nation, they shall not be searched or molested ; and in such °° p n v X° word 1 !™* case the commanders shall be believed upon their word, to d r e r ra '"^"T^d exempt their ships from being visited, and to avoid quaran- i u »""* inB - tine. The American ships of war shall act in like manner towards merchant- vessels escorted by the corsairs of Tunis. Article YI. If a Tunisian corsair shall meet with an American merchant-vessel^ and shall visit it with her boat, she shall not exact any- Nothing to ^ 01 . thing, under pain of being severely punished. And in like actedfr ° m visit »- manner if a vessel of war of the United States shall meet with a Tuni- sian merchant- vessel, she shall observe the same rule. In Fugitivestoe8ilIld case a slave shall take rrfuge on board of an American ves- pr ' soner "- sel of war, the Consul shall be required to cause him to be restored ; and if any of their prisoners shall escape on board of the Tunisian ves- sels they shall be restored. But if any slave shall take refuge in any American merchant vessel, and it shall be proved that the vessel has departed with the said slave, then he shall be returned, or his ransom, shall be paid. Article VII. An American citizen having purchased a prize vessel from our Qdgiak^ may sail with our passport, which we will deliver for the , term of one year, by force of which our corsairs which may ' meet with her shall respect her; the Consul, on his part, shall furnish her with a bill of sale, and, considering the distance of the two coun- tries, this term shall suffice to obtain a passport in form. But, after the expiration of this term, if our corsairs shall meet with her without the passport of the United States, she shall be stopped and declared good prize, as well the vessel as the cargo and crew. Article VIII. , If a vessel of one of the contracting parties shall be obliged to enter into a port of the other, and may have need of provisions H o. v iuMy w b„ and other articles, thev^shall be granted to her without " nu,ted - any difficulty, at the price current at the place; and if such a vessel shall have suffered at sea, and shall have need of repairs, she shall be at liberty to unload and reload her cargo, without being obliged to pay any duty; and the captain shall only be obliged to pay the wages of those whom he shall have employed in loading and unloading the merchandise. 848 TREATIES AND CONVENTIONS. Article IX. If, by accident and by the permission of God, a vessel of one of the contracting parties shall be cast by tempest upon the coasts of the other, and shall be wrecked or otherwise damaged, the commandant of the place shall render all possible assistance for its preservation, without allowing any person to make any opposition; and the proprietor of the effects shall pay the costs of salvage to those who may have been employed. Article X. In case a vessel of one of the contracting parties shall be attacked by Neutrality to b e an enemy under the cannon of the forts of the other party, .Qforced. she shall be defended and protected as much as possible; and when she shall set sail, no enemy shall be permitted to pursue her from the same port, or any other neighboring port, for forty-eight hours after her departure. Article XL When a vessel of war of the United States of America shall enter the salutes P or ^ °f Tunis, and the Consul shall request that the castle may salute her, the number of guns shall be fired which he may request; and if the said Consul does not' want a salute, there shall be no question about it. But in case he shall desire the salute, and the number of guns shall be fired which he may have requested, they shall be counted and re- turned by the vessel in as many barrels of cannon powder. The same shall be done with respect to the Tunisian corsairs when they shall enter any port of the United States. Article XII. When citizens of the United States shall come within the dependen- cies of Tunis, to carry on commerce there,, the same respect shall be paid to them which the merchants of other nations enjoy ; and if they wish to establish themselves within our ports, no opposition shall be made thereto ; and they shall be free to avail them- selves of such interpreters as they may judge necessary, without any obstruction, in conformity with the usages of other nations ; and if a Tunisian subject shall go to establish himself within the dependencies of the United States, he shall be treated in like manner. If any Tunisian subject shall freight an American vessel and load her with merchandise, and shall afterwards want to unlade or freighimTa^Amlr" ship them on board of another vessel, we will not permit him, until the matter is determined by a reference of mer- chants, who shall decide upon the case ; and after the decision the de- termination shall be conformed to. No, captain shall be detained in port against his consent, except when our ports are shut for the vessels of all other nations, which may take place with respect to merahant- vessels, but not to those of war. The subjects of the two contracting powers shall be under the pro- tection of the Prince, and under the jurisdiction of the Chief mffiuoFthe £° of the place where they may be, and no other person shall have authority over them. If the commandant of the place does not conduct himself agreeably to justice, a representation of it shall be made to us. TUNIS, 1797. 849 In case the Government shall have need of an American merchant- vessel, it shall cause it to be freighted, and then a suitable er „ me „ tofTu freight shall be paid to the captain agreeably to the inten- n 2 a mJ£Vye!li^ tion of the Government, and the captain shall not refuse it. Article XIII. If among the crews of merchant-vessels of the United States there shall be found subjects of our enemies, they shall not be Eoeray . s subjects made slaves, on condition that they do not exceed a third °? J^'J^S."^ of the crew ; and when they do exceed a third, they shall be Blave8 ' made slaves : The present article only concerns the sailors, and not the passengers, who shall not,be in any manner molested. Article XIV. A Tunisian merchant who may go to America with a vessel of any nation soever, loaded with merchandise which is the pro- duction of the Kingdom of Tunis, shall pay duty (small as , it is) like the merchants of other nations ; and the American merchants shall equally pay for the merchandise of their country, which they may bring to Tunis under their flag, the same duty as the Tunisians pay in America. But if an American merchant, or a merchant of any other nation, shall bring American merchandise under any other flag, he shall pay six per cent, duty : In like manner, if a foreign merchant shall bring the merchandise of his country under the American flag, he shall also pay six per cent. Article XV. It shall be free for the citizens of the United States to carry on what commerce they please in the Kingdom of Tunis, without any opposition, and they shall be treated like the merchants of miiie^co'SftraE other nations ; but they shall not carry on commerce in wine, e * cepteA nor in prohibited articles ; and if any one shall be detected in a contra- band trade, he shall be punished according to the laws of the country. The commandants of ports and castles shall take care, that the captains and sailors shall not load prohibited articles ; but if this should happen, those who shall not have contributed to the smuggling shall not be molested nor searched, no more than shall the vessel and cargo ; but' only .the offender, who shall be demanded to be punished. Xo captain shall be obliged to receive merchandise on board his vessel, nor to unlade the same against his will, until the freight shall be paid. v Article XVI. The merchant- vessels of the United States which shall cast anchor in the road of the Gouletta, or any other port of the Kingdom of Tunis, shall be obliged to pay the same anchorage for r entry and departure which French vessels pay, to wit: Seventeen piasters and a half, money of Tunis, for entry, if they import merchan- dise ; and' the same for departure, if they take away a cargo ; but they shall not be obliged to pay anchorage if they arrive in ballast, and de- part in the same manner. 54 Masters of vessels. 850 TREATIES AND CONVENTIONS. ARTICLE XVII. Each of the contracting parties shall be at liberty to establish a Con- sul in the dependencies of the other; and if such Consul does not act in conformity with the usages of the country, like others, the Government of the place shall inform his Government of it, to the end that he may be changed and replaced ; but he shall enjoy, as well for himself as his family and suite, the protection of the Gov- ernment ; and he may import for his own use all his provisions and fur- niture without paying any duty ; and, if he shall import merchandise, (which it shall be lawful for him to do,") he shall pay duty for it. ■ Article XYIII. % If the subjects or citizens of either of the contracting parties, being subjects contract- within the possessions of the other, contract debts, or enter ing debts, &c j n ^ obligations, neither the Consul nor the nation, nor any subjects or citizens thereof shall be in any manner responsible, except they or the Consul shall have previously become bound in writing; and without this obligation in writing, they cannot be called upon for indem- nity or satisfaction. 1 Article XIX. In case of a citizen or subject of either of the contracting parties dying Effect, of « de- within the possessions of the other, the Consul or the Vekil cedent. shall take possession of his effects, (if he does not leave a will,) of which he shall make an inventory ; and the Government of the place shall have nothing to do therewith. And if there shall be no Con- sul, the effects shall be deposited in the hands of a confidential person of the place, taking an inventory of the whole, that they may eventually be delivered to those to whom they of right belong. Article XX. The Consul shall be the judge in all disputes between his fellow-citi- zens or subjects, as also between all other persons who may cuui.ai , , i .. an. ^ i mme diately under his protection ; and in all cases wherein he shall require the assistance of the Government wh«re he resides to sanction his decisions, it shall be granted to him. Article XXI. If a citizen or subject of one of the parties shall kill, wound, or strike p„ni,hmentrorper- a citizen or subject of the other, justice shall be done ac- sonaia»»amt». cording to the laws of the country where the offence shall be committed : The Consul shall be present at the trial ; but ,if any offender shall escape, the Consul shall be in no manner responsible for it. Article XXII. If a dispute or law-suit on commercial or other civil matters shall happen, the trial shall be had in the presence of the Consul, or of a con- fidential person of his choice, who shall represent him, and endeavor to accommodate the difference which may have happened between the citizens or subjects of the two nations. TUNIS, 1797. 851 Article XXIII. i If any difference or dispute shall take place concerning the infraction of any article of the present treaty on either side, peace and r „ <:, wof mtim ^i goodharmony shall not be interrupted, until a friendly ap- S£S"t<, t,™ °Z plication shall have been made for satisfaction ; and resort S? d u be hS To shall not be had to arms therefor, except where such appli- at ™- cation shall have been rejected ; and if war be then declared, the term of one year shall be allowed to the citizens or subjects of the con- tracting parties to arrange their affairs, and to withdraw themselves with their property. The agreements and terms above concluded by the two contracting parties shall be punctually observed with the will of the Most High. And for the maintenance and exact observance of the said agreements, we have caused their contents to be here transcribed, in the present month of Eebia Elul, of the Hegira one thousand two hundred and twelve, corresponding with the month of August of the Christian year one thousand seven hundred and ninety-seven. The Aga IBEAHIM DEY'S The Bey's SOLIMAN'S Signature Signature Signature and • and and • [seal.] [seal.] [seal.] Whereas the President of the United States of America, by his let- ters patent, under his signature and the seal of state, dated the [SEAL.] eighteenth day of December, one thousand seven hundred and ninety-eight, vested Eichard O'Brien, William Eaton, and James Leander Cathcart, or any two of them in the absence of the third, with full powers to confer, negotiate, and conclude with the Bey and Eegency of Tunis, on certain alterations in the ^treaty between the United States and the Government of Tunis, concluded by the in- tervention of Joseph Etienne Famin, on behalf of the United States, in the month of August, one thousand seven hundred and ninety-seven, we, the underwritten William Eaton and James Leander Cathcart, (Eich- ard O'Brien being absent,) have concluded on and entered, in the fore- going treaty, certain alterations in the eleventh, twelfth, and fourteenth articles, and do agree to said treaty with said alterations, reserving the same nevertheless for the final ratification of the President of the United States, by and with the advice and consent of the Senate. In testimony whereof we annex our names and the consular seal of the United States. Done in Tunis, the twenty-sixth day of March, in the year of the Christian era one thousand seven hundred and ninety- nine, and of American Independence the twenty-third. WILLIAM EATON. JAMES LEANDER CATHCART. 852 TREATIES AND CONVENTIONS. TUNIS, 1824. CONVENTION TO ALTER ARTICLES OF TREATV OF PEACE AND FRIEND- SHIP BETWEEN THE UNITED STATES AND THE BEY OF TUNIS. CON- CLUDED FEBRUARY 24, 1824 ; RATIFIED BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AS EXPRESSED IN THEIR RESOLUTION OF JANUARY 13,1825; PROCLAIMED JANUARY 21, 1825. Whereas sundry articles of the treaty of peace and friendship, con- cluded between the United States of America and Hamuda Bashaw, of happy memory, in the month of Rebia Elul, in the year of the Hegira 1212, corresponding with the month of August, of the Christian year 1797, have, by experience, been found to require alteration and amend- ment: In order, therefore, that the United States should be placed on the same footing with the most favored nations having treaties with Tunis, as well as to manifest a respect for the American Government,, and a desire to continue unimpaired the friendly relations which have always existed between the two nations, it is hereby agreed and con- cluded between His Highness Sidi Mahmoud Bashaw, Bey of Tunis, and S. D. Heap, Esquire, Charge" dAffaires of the United States of America, that alteration be made in the sixth, eleventh, twelfth, and fourteenth articles of said treaty, and that the said articles shall be altered and amended in the treaty to read as follows : Article the 6th — As it now is. Article 6th — As it was. If a Tunisian corsair shall meet ' with an American ves- TiBits at sea. , , , -, , ..... sel, and shall visit it with her boat, two men only shall be allowed to go on board, peacea- bly, to satisfy themselves of its being American, who, as well as any passengers of other nations they may have on board, shall go free, both them and their goods; and the said two men shall not exact anything, on pain of being severely punished. In case a slave a»ve» escaping- to escapes, and takes re- be free. f U g e onboard an Amer- ican vessel of war, he shall be free, and no demand shall be made either for his restoration or for payment. Article the 11th — As it now is. When a vessel of war of the United States shall en- ter the port of the Gouletta, she shall be saluted with twenty-one guns, which salute the 'vessel of war shall return gun for If a Tunisian corsair shall meet with an American merchant vessel, and shall visit it with her boat, she shall not exact anything, under pain of being severely punished. And, in like manner, if a vessel of war of the United States shall meet with a Tunisian merchant vessel, she shall observe the same rule. In case a slave shall take refuge on board of an American vessel of war, the Consul shall be required to cause him to be restored; and if any of their prisoners shall escape on board of the Tunisian vessels, they shall be restored ; but if any slave shall take refuge in any American merchant vessel, and it shall be proved that the vessel has departed with the said slave, then he shall be returned, or his ransom shall be paid. Article 11th— As it was. When a vessel of war of the United States of America shall en- ter the port of Tunis, and the Con- sul shall request that the Castle may salute her, the number of guns shall be fired which he mayrequestj TUNIS, 1824. 853 gun only, and no powder will be given, as mentioned in the ancient eleventh article of this treaty, which is hereby annulled. and if the said Consul does not want a salute, there shall be no question about it. But, in case he shall desire the salute, and the number of guns shall be fired which he may have requested, they shall be counted, and. returned by the vessel in as many barrels of cannon-powder. The same shall be done with respect to the Tunisian corsairs, • when they shall enter any port of the United States. Article the 12th — As it now is. Article 12th — As it was. When citizens of the United States shall come within the de- pendencies of Tunis to carry on commerce there, the same respect shall be paid to them which the merchants of other nations enjoy; and if they wish to establish them- selves within our ports, no opposi- tion shall be made thereto, and they shall be free to avail themselves of such interpreters as they may judge necessary, without any obstruction, in conformity with the usages of other nations; and if a Tunisian subject shall go to establish himself within the dependencies of the United States, he shall be treated in like manner. If any Tunisian subject shall freight an American vessel, and load her with merchan- dise, and shall afterwards want to unload, or ship them on board of another vessel, we shall not permit him until the matter is determined by a reference of merchants, who shall decide upon the case ; and after the decision the determination shall be conformed to. No captain shall be detained in port against his consent, except when our ports are shut for the vessels of all other nations, which may take place with respect to mer- chaut vessels, but not to those of war. The subjects and citizens of the When citizens of the United States shall come with- , , _ _ _ . „ Commerce. in the dependencies of Tunis to carry on commerce 'there, the same respect shall be paid to them which the merchants of other nations enjoy; and if they wish to establish themselves within our ports, no opposition shall be made thereto ; and they shall be free to avail themselves of such interpre- ters as they may judge necessary, without any obstruction, in con- formity with the usages of other nations ; and if a Tunisian subject ■ shall go to establish himself within the dependencies of the United States, he shall be treated in like manner. If any Tunisian subject shall freight an American vessel, and load her with merchandise, and shall after- wards want to unlade or ship them on board of another vessel, we will not permit him, until the matter is determined by a reference Of merch- ants, who shall decide upon the case ; and after the decision the determi- nation shall be conformed to. No captain shall be detained in port against his con- r , , i No captain to be sent, except when our detained aeaitm his , ' t , n ,-, consent, except, &c _ ports are shut for the " vessels of all other nations ; which may take place with respect to mer- 854 TREATIES AND CONVENTIONS. two nations, respect- -■ Protection of citi- ,, m ■ * -i 7.™» or the reject- lvely, Tunisians and ive nations. *■ • -1111 Americans, snail be protected in the places where they may be by the officers of the Gov- ernment there existing; but, on failure of such protection, and for redress of every injury, the party may resort to the chief authority in each country, by whom adequate protection and complete justice shall be rendered. In case the. Government of Tunis Preference to Tu- . ,, , -, „ miBiar. Teased for shall have need of an American vessel for its service, such vessel being within the Kegency, and not previously engaged, the Government shall have the preference, on its paying thesamefreightas other merchants usually pay for the same service, or at the like rate, if the service be without a customary precedent. Aetiole the 14th — As it now is. chant vessels, but not to those of war. The subjects of the two con- tracting Powers shall be under the protection of the Prince, and under the jurisdiction of the chief of the place where they may be, and no> other person shall have authority over them. If the Commandant of the place does not conduct him- self agreeably to justice, a repre- sentation of it shall be made to us.. Iu case the Government shall have need of an American mer- chant vessel, it shall cause it to- be freighted, and then a suitable freight shall be paid to the cap- tain, agreeably to the intention of the Government, and the captain shall not refuse it. Article 14th — As it was. All vessels belonging to the citi- zens and inhabitants of the United States shall be permitted to enter the ports of the Kingdom of Tunis, and freely trade with the subjects and inhabitants thereof, on paying the usual duties which are paid by other- most favoured nations at peace with the Eegency. In like manner, all vessels belonging to the subjects and inhabitants of the Kingdom of Tunis shall be permitted to enter the different ports of the United States, and freely trade with the citizens and inhabitants thereof, on paying the usual duties which are paid by other most favoured nations at peace with the United States. A Tunisian merchant, who may go to America with a vessel of any nation soever, loaded with mer- chandize, which is the production of the Kingdom of Tunis, shallpay duty (small as it is) like the mer- chants of other nations; and the American merchants shall equally pay for the merchandize of their country, which they may bring to Tunis, under their flag, the same duty as the Tunisians pay in Amer- ica. But if an American mer- chant, or a merchant of any other nation, shall bring American mer- chandize under any other flag, he shall pay six per cent, duty; in like manner, if a foreign merchant shall bring the merchandize of his country under the American flag, he shall also pay six per cent. Concluded, signed, and sealed, at the Palace of Bardo, near Tunjs,„ the 24th day of the moon jumed-teni, in the year of the Hegira 1239,, corresponding [to] the 24th of February, 1824, of the Christian year, and the 48th year of the Independence of the United States, reserving the same, nevertheless, for the final ratification of the President of the- United States, by and with the advice and consent of the Senate. S. D. HEAP, Charge" d'Affaires. SIDI MAHMOUD'S signature and TWO SICILIES TWO SICILIES, 1832. CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND HIS MAJESTY THE ' KING, OF THE KINGDOM OF THE TWO SICILIES, TO TERMINATE THE RECLAMATIONS OF SAID GOVERN- MENT FOR THE DEPREDATIONS INFLICTED UPON AMERICAN COMMERCE BY MURAT DURING THE YEARS 1809, 1810, 1811, AND 1812. CONCLUDED OCTOBER 14, 1832; RATIFICATIONS EXCHANGED JUNE 8, 1833; PROCLAIMED AUGUST 27, 1833. The Government of the United States of America and His Majesty the King of the Kingdom of the Two Sicilies, desiring to terminate the reclamations advanced by said Government against his said Majesty, in order that the merchants of the United States may be indemnified for the losses inflicted upon them by Murat, by the depredations, seizures, confiscations, and destruction of their vessels and cargoes, during the years 1809, 1810, 1811, and 1812, and His Sicilian Majesty desiring there- by to strengthen with the said Government the bonds of that harmony, not hitherto disturbed: The said Government of the United States and his aforesaid Majesty the King of the Kingdom of the Two Sicilies, have with one accord resolved to come to an adjustment; to effectuate which, they have respectively named and furnished "with the necessary powers, viz : The said Government of the United States, John kelson, Esquire, a citizen of §aid States, and their Oharg6 d'Affaires near His Majesty the King of the Kingdom of the Two Sicilies ; and His Majesty, His Ex- cellency D. Antonio Maria Statella, Prince of Cassaro, Marquis of Spac- caforno, Count Statella, etc., etc., etc., his said Majesty's Minister Secre- tary of State for Foreign Affairs, etc., etc. ; Who, after the exchange of their respective full powers, found in good and due form, have agreed to the following articles. : Article I. His Majesty the King of the Kingdom of the Two Sicilies, with a view to satisfy the aforesaid reclamations, for the depredations, sequestrations, confiscations, and destruction of the vessels PaymeDt to be and cargoes of the merchants of the United States, (and'^i^'S'^j! for every expense of every kind whatsoever incident to or erty - growing out of the same,) inflicted by Murat during the years 1809, ±810, 1811, and 1812, obliges himself to pay the sum of two millions one hun- dred and fifteen thousand Neapolitan ducats to the Government of. the United States ; seven thousand six hundred and seventy -nine ducats, part thereof to be applied to reimburse the said Government for the expense incurred by it in the transportation of American seamen from the King- dom of Naples, during the year 1810, and the residue to be distributed amongst the claimants by the said Government of the United States, in such manner and according to such, rules as it may prescribe. 856 TERATIES AND CONVENTIONS. i Article II. The sum of two millions one hundred and fifteen thousand Neapolitan to i, e paid in nine ducats agreed on in article the 1st, shall be paid in Naples, e„u»i !■»«'■»""■ in nine equal installments of two- hundred and thirty -five thousand ducats, and with interest thereon at the rate of four per centum per annum, to be calculated from the date of the interchange of the ratifications of this convention, until the whole sum shall be paid. The first installment shall be payable twelve months after the exchange of the said ratifications, and the remaining installments, with the interest, suc- cessively, one year after another^ The said payments shall be made in Naples into the hands of such person as shall be duly authorized by the Government of the United States to receive the same. Article HI. The present convention shall be ratified and the ratifications thereof shall be exchanged in this capital, in the space of eight Ratifications. ., „ j_i ■ -i .l *j? *i_t months from this date, or sooner if possible. In faith whereof the parties above named have respectively subscribed these articles, and thereto affixed their seals. Done at Naples on the 14th day of October, one thousand eight hun- dred and thirty-two. JNO. NELSON. The PRINCE OP CASSAEO. SEAL. SEAL. TWO SICILIES, 1845. TREATY OF COMMERCE AND NAVIGATION WITH THE TWO SICILIES. CONCLUDED DECEMBER 1, 1845 ; RATIFICATIONS EXCHANGED AT NA- PLES, JUNE 1, 1846; PROCLAIMED JULY 24, 1846. The United States of America and His Majesty the King of the Kingdom of the Two Sicilies, equally animated with the desire of main- taining the relations of good understanding which have hitherto so happily subsisted between their respective States, and consolidating the commercial intercourse between them, have agreed to enter in negotiation for the conclusion of a treaty of commerce and navigation, for which purpose they have appointed Plenipotentiaries, that is to, say: The President of the United States of America, William H. Polk, Charge" dAffaires of the same United States of America to NeBOt,ator8 - , the Court of His Majesty the King of the Kingdom of the Two Sicilies ; and His Majesty the King of the Kingdom of the Two Sicilies, D. Giustino Portunato, Knight Grand Cross of the Eoyal Mili- tary Constantinian Order of St. George, and of Francis the 1st, Minister Secretary of State of His said Majesty ; D. Michael Gravina and Eequesenz, Prince of Comitini, Knight Grand Cross of the Eoyal Order of Francis the 1st, Gentleman of the Chamber in Waiting, and Minister Secretary of State of his said Majesty; and D. Antonio Spinelli, of Scalea, Commander of the El. Order of Francis the 1st, Gentleman of the Chamber of His said Majesty, Member of the Gen- eral Consulta, and SurintendanfcGeneral of the Archives of the Kingdom ; 1845. 857 Who, after having each others exchanged* their full powers, found in good and due form, have concluded and signed the following articles : Article I. There shall be reciprocal liberty of commerce and navigation between the United States of America and the Kingdom of the Two Rak™* liberty of commerce and OlCllieS. navigation. No duty of customs, or other impost, shall be charged upon any goods the produce or manufacture of one country, upon be importation by sea or by land from such country into the pose u d' e "n "impor'S- other, other or higher than the duty or impost charged upon goods of the same kind, the 'produce or manufacture of, or im- ported from, any other country; and the United States of America and His Majesty the King of the Kingdom of the Two Sicilies ^^ ^^ do hereby engage that the subjects or citizens of any other State shall not enjoy any favour, privilege, or immunity whatever, in matters of commerce and navigation, which shall not also and at the same time be extended to the subjects or citizens of the other high con- tracting party,, gratuitously, if the concession in favour of that other State shall have been gratuitous, and in return for a compensation, as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional. Article II. All articles of the produce or manufacture of either country, and of their respective States, which can legally be imported into either country from the other, in ships of that other country, t.™* °*™cSTtiorti • and thence coming, shall, when so imported, be subject to the same duties and enjoy the same privileges, whether imported in ships of the one country or iu ships of the other ; and, in like manner, all goods which can legally be exported or re-exported from either coun- try to. the other, in ships of that other country, shall, when so exported or re-exported, be subject to the same duties, and be entitled to the same -privileges, drawbacks, bounties, and allowances, whether exported in ships of the. one country or in ships of the other. Article III. ISo duties of tonnage, harbour, light-houses, pilotage, quarantine, or other similar duties, of whatever nature, or under whatever denomination, shall be imposed in either country upon the toSe.'SSc'r, a°d vessels of the other, in respect of voyages between the llgh, " h °"" dut ' es - United States of America and the Kingdom of the Two Sicilies, if laden, or in respect of any voyage, if in ballast, which shall not be equally imposed in the like cases on national vessels. Article IV. It is hereby declared, that the stipulations of the present treaty are not to be understood as applying to the navigation and ^ carrying trade between one port and another, situated in the States of either contracting party, such navigation and trade being reserved exclusively to national vessels. Vessels of either country shall, however, be permitted to load or unload the whole or part of their 858 TREATIES AND CONVENTIONS. cargoes at one or more ports in the States of either of the high con- tracting parties, and then to proceed to complete the said loading or unloading to [at] any other port or ports in the-same States. Article V. Neither of the two Governments, nor any corporation or agent acting no prefere-co to in behalf or under the authority of either Government, shall, Sl.tTtoTmSlS!- in the purchase of any article which, being the growth, «ion«. produce, or manufacture of the one country, shall be im- ported into the other, give, directly or indirectly, any priority or prefer- ence on account of or in reference to the national character of the ves- sel in. which such article shall have been imported ; it being the true intent and meaning of the high contracting parties that no distinction or difference whatever shall be made in 'this respect. Article VI. The high contracting parties engage, in regard to the personal B«idenee &c privileges, that the citizens of the United States of America shall enjoy in the dominions of His Majesty the King of the Kingdom of the Two Sicilies, and the subjects of His said Majesty in the United States of America, that they shall have free and undoubted right to travel and to reside in the States of the two high contracting parties, subject to the same precautions of police which are practiced towards the subjects or citizens of the most favoured nations. They shall be entitled to occupy dwellings and warehouses, and to dispose of their personal property of every kind and descrip- '"" M property ' tion, by sale, gift, exchange, will, or in any other way what- ever, without the smallest hindrance or obstacle ; and their heirs or representatives, being subjects or citizens of the other high contracting party, shall succeed to their personal goods, whether by testament or ab intestate; and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at will, paying to the profit of the respective Governments such dues only as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases. And in case of the absence of the heir and representative, in abuei.ce of the such care shall be taken of the said goods as would be taken *""• . of the goods of a native of the same country in like case, until the lawful owner may take measures for receiving them. And if a question should arise among several claimants as to which of them said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. They shall not be obliged to pay, under any pretence whatever, any taxes or impositions, other or greater'than those which are paid or may hereafter be paid by the subjects or citizens of the most favoured nations, in the respective States of the high con- tracting parties. They snail be exempt from all military service, whether by land or by Miliary service, sea ; from forced loans, and from every extraordinary con- fcrcedioai.e,&c. ' tribution not general and by law established. Their dwell- ings, warehouses, and all premises appertaining thereto, destined for purposes of commerce or residence, shall be respected. No arbitrary search of or or visit to their houses, and no arbitrary examination or inspection whatever of the books, or S exal'nationof v°- papers, or accounts of their trade, shall be made, but such measures shall be executed only in conformity with the pern, TWO SICILIES, 1845. 85£ legal sentence of a competent tribunal ; and each -of the two high con- tracting parties engages that the citizens or subjects of the Rigbts of proP e rW other, residing in their respective States, shall enjoy their i"™"*^ property and personal security in as full and ample manner as their own citizens or subjects, or the subjects or citizens of the most favoured nations. Article YII. The citizens and the subjects of each of the two high contracting' parties shall be free in the States of the other to manage c . t . zeM and >nb their own affairs themselves, or to commit those affairs to jectiofw* party ™ , . „ 7 , . -, . , the country of the the management of any persons whom they may appoint as other wduw . i • i ? ft j i i 11 j.1 •!.' ' -\ their own affaire or their broker, factor, or agent; nor shall the citizens and «!«* their » w » subjects of the two high contracting parties be restrained M in their choice of persons to act in such capacities, nor shall they be called upon to pay any salary or remuneration to any person' whom they shall not choose to employ. Absolute freedom shall be given in all cases to the buyer and seller to bargain together, and to fix the price of any goods or Absolute f ' eedom merchandise imported into or to be exported from the given'to'buySfS' States and dominions of the two high contracting parties; save and except generally such cases wherein the laws and usages of the country may require the intervention of any special agents in th& States and dominions of the high contracting parties. Article VIII. \ Each of the two high contracting parties may have, in the ports of the other, Consuls, Vice-Consuls, and Commercial Agents, of their own appointment, who shall enjoy the same privileges and powers of those of the most .favored nations; but if any such Con- suls shall exercise commerce, they shall be submitted to the same laws and usages to which the private individuals of their nation are sub- mitted in the same place. The said Consuls, Vice-Consuls, and Commercial Agents are authorized to require the assistance of the local authorities for the search, arrest, detention, and imprisonment of the deserters from the ships of war and merchant-'vessels of their country. For this purpose, they shall apply to the competent tribunals, judges, and officers, and shall in writing de- mand the said deserters, proving, by the exhibition of the registers of the vessel, the rolls of the crews, or by other official documents, that such individuals formed part of the crews ; and this reclamation being thus substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, Vice-Consuls, or Commercial Agents, and may be confined in the public prisons, at the request and cost of those who shall claim them, in order to be detained until the time when they shall be restored to the vessels to which they belonged, or sent back to their own country by a vessel of the same nation, or any other vessel whatsoever. But if not sent back within four months from the day of their arrest, or if all the expenses of such imprisonment are not de- frayed by the party causing such arrest and imprisonment, they shall be set at liberty, and shall not be again arrested for the same cause. However, if the deserter should be found to have committed any crime or offence, his surrender may be delayed until the tribunal, before which his case shall be depending, shall have pronounced its sentence, and such sen tence shall have hpt»n narr^/t i nt.r> effect. 860 TEEATIES AND CONVENTIONS. Article IX. If any ships of war or merchant vessels be wrecked on the coasts of |s eUher the States of either of the high contracting parties, such p«ty wrecked oi'th" ships or vessels, or any parts thereof, and all furniture and coaat of the other, , -i i • , ■% , -* n -» i and mCTchajdiM appurtenances belonging thereunto, and all goods and mer- 5£i e be rLtor e r d°To chandise which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored with the least possible delay, to the proprietors, upon being claimed by them, or by "socd. round their duly authorized factors ; and if there are no such pro- prietors or factors on the spot, then the said goods and merchandise, or the proceeds thereof, as well as all the papers found on board such wrecked ships or vessels, shall be delivered to the American or Sicilian Consul or Vice-Consul in whose district the wreck may have taken place; and such Consul, Vice-Consul, proprietors, or factors, shall pay only the expenses incurred in the preservation of the property, together with the rate of salvage, and expenses of quarantine, which would have been payable in the like case of a wreck of a national ves- sel ; and the goods and merchandise saved from the wreck shall not be subject to duties, unless cleared for consumption ; it being understood Legal claims on that in case of any legal claim upon such wreck, goods, or such wrest. merchandise, the same shall be referred for decision to the competent tribunals of the country. Article X. The merchant vessels of each of the two high contracting parties, ve sa ei B of either w hi°h mav ^ e forced by stress of weather or other cause «"Hf "wl'atbCr ■? * n *° one ^e ports of the other, shall be exempt from all to r X°po T r e t s at of r fte duty of port or navigation paid for the benefit of the State, if the motives which led to take refuge be real and evident, and if no operation of commerce be done by loading or unloading mer- Loading or unload- chandises ; [it being] well understood, however, that the noV°eon B idired"e e n: loading or unloading, which may regard the subsistence of Basing in commerce, fljg creW) or necessary for the reparation of the vessel, shall not be considered operations of commerce, which lead to the payment of duties, and that the said vessels do not stay in port beyond the time necessary, keeping in view the cause which led [to] taking refuge. Article XI. To carry always more fully into effect the intentions of the two high contracting parties, they agree that every difference of duty, Difference of duty. ^g^er f y^ £ en p er cen k r other, established in the respective States, to the prejudice of the navigation and commerce of those nations which have not treaties of commerce and navigation with them, shall cease and remain abolished in conformity to the principle established in the 1st article of the present treaty, as well on the pro- ductions of the soil and industry of the Kingdom of the Two Sicilies, which therefrom shall be imported in the United States of America, whether in vessels of the one or of the other country, as on those which, in like manner, shall be imported in the Kingdom of the Two Sicilies in vessels of both countries. They declare, besides, that as the productions of the soil and industry of the two countries, on their introduction in the ports of the other, shall not be subject to greater duties than those which shall be imposed TWO SICILIES^ 1855. 861 on the like productions of the most favoured nations, so the red and white wines of the Kingdom of the Two Sicilies of every Dlltu>onwiMS kind, including those of Marsala, which may be imported directly into the United States of America, whether in vessels of the one or of the other country, shall not pay higher or greater duties than those of the red and white wines of the most favoured nations. And in like manner the cottons of the United States of America, Dutiesoij cilt0M which may be imported directly in[to] the Kingdom of the Two Sicilies, whether in vessels of the one or other nation, shall not pay higher or greater duties than the cottons of Egypt, Bengal, or those of the most favoured nations. Article XII. The present treaty shall be in force from this day, and for the term of ten years, and further, until the end of twelve months after be either of the high contracting parties shall have given "/fsf/^'S . notice to the other of its intention to terminate (he same; ■*jUr™ettb B / Q pmJ each of the said high contracting parties reserving to itself sive the right of giving such notice at the end of the said term of ten years, or at any subsequent term. Article XIII. The present treaty shall be approved and ratified by the President of the United States of America, by and with the advice and . . consent of the Senate of the said States, and by His Majesty the King of the Kingdom of the Two Sicilies, and the ratifications shall be exchanged at Naples, at the expiration of six months from the date of its signature, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto the seals of their arms. Done at Naples the first of December, in the year one thousand eight hundred and forty-five. WILLIAM H. POLK. [l. s.l GIUSTINO FOBTUNATO. [l. S.J IL PBINCIPE DI COMITINI. [l. s.] ANTONIO SPINELLI. [l. s.] TWO SICILIES, 1855. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF THE KINGDOM OF THE TWO SICILIES, RELA- TIVE TO THE RIGHTS OF NEUTRALS AT SEA. SIGNED AT NAPLES, JANUARY 13, 1855; RATIFICATIONSiEXCHANGED AT WASHINGTON, JULY, 14, 1855; PROCLAIMED JULY 16, 1855. The United gtates of America and His Majesty the King of the King- dom of the Two Sicilies, equally animated with a desire to maintain and to preserve from all harm the relations of r rei "°>>ie. good understanding , which have at all times so happily subsisted be- tween themselves, as also between the inhabitants of their respective States, have mutually agreed to perpetuate, by means of a formal con- 862 TREATIES AND' CONVENTIONS. , Vention, the principles of the right of neutrals at sea, which they recog- nize as indispensable conditions of all freedom >of navigation and mari- time trade. For this purpose the President of the United States has conferred full powers on Eobert Dale Owen, Minister Besi- dent at Naples of the United States of America ; and His Majesty the King of the Kingdom of the Two Sicilies has conferred like powers on Mr. Louis Carafa della Spina, of the Dukes of Traetto, Weekly Major-domo of His Majesty, Commendator of His Boyal Order of the Civil Merit of Francis the First, Grand Cross of the distinguished El. Spanish Order of Charles the Third, Great Officer of the Order of the Legion d'Honneur, Grand Cross of the Order of S. Michael of Baviefa, Grand Cross of the Florentine Order of the Merit under the title of S. Joseph, Grand Cross of the Order of Parma of the Merit under the title of S. Ludovico, Grand Cross of the Brasilian Order of the Eose, provis- ionally charged with the port-folio of Foreign Affairs; And said Plenipotentiaries, after having exchanged their full powers, found in good and due form, have concluded and signed the following articles: ' Article I. The two high contracting parties recognize as permanent and immu- table the following principles, to wit : 1st. That free ships Free ships to make i /> -i m . ■ . ., , ,. jv? . j SSrabaSd*' e * cept ma ' s:e * ree goods ; that is to say, that the effects or goods belonging to subjects or citizens of a Power or State at war are free from capture and confiscation when found on board of neutral vessels, with the exception' of articles contraband of war. 2d. That the property of neutrals on board an enemy's vessel is not sub- ject to confiscation unless the same be contraband of war. They engage to apply these principles to the commerce and navigation of all such Powers and States as shall consent to adopt them on their part as permanent and immutable. Article II. The two high contracting parties reserve themselves to come to an ulterior understanding as circumstances may require with «, "appiStkS? ™ regard to the application and extension to be given, if there be any cause for it, to the principles laid down in the 1st article. But they declare from this time that they will take the stipu- lations contained in said article 1st as a rule, whenever it shall become a question, to judge of the rights of neutrality. . Article III. It is agreed by the high contracting parties that all nations which shall or may consent to accede to the rules of the flrst arti- ac°e t de 8 t"''thB°above cle of this convention, by a formal declaration stipulating to observe them, shall enjoy the rights resulting from such accession as they shall be enjoyed and observed by the two Powers signing this convention. They shall mutually communicate to each other the results of the steps which may be taken on the^subject. Article IV. The present convention shall be approved and Ratified by the Presi- dent of the United States of America, by and with the ad- vice and consent of the Senate of said States, and by TWO SICILIES, 1855. 863 His Majesty the King of the Kingdom of the Two Sicilies; and the rat- iiications of the same shall be exchanged at Washington within the period of twelve months, counting from this day, or sooner if possible. In faith whereof, the respective Plenipotentiaries have signed the present convention in duplicate, and thereto affixed the seal of their arms. Done at Naples, thirteenth of January, eighteen hundred and fifty- five. EOBEET DALE OWEN. [l. S. LUIGI CAEAFA. II. s. TWO SICILIES, 1855. CONVENTION OF AMITY, COMMERCE, AND NAVIGATION, AND FOR SUR- RENDER OF FUGITIVE CRIMINALS, BETWEEN THE UNITED STATES AND THE TWO SICILIES. CONCLUDED OCTOBER 1, 1855; RATIFICATIONS EX- CHANGED NOVEMBER 7, 1856 ; PROCLAIMED DECEMBER 10, 1856. The United States of America and His Majesty the King of the King- dom of the Two Sicilies, equally animated with the desire to strengthen and perpetuate the relations of amity and good understanding which have at all times subsisted between the two countries, desiring also to 'extend and consolidate the commercial inter-, course between them ; and convinced that nothing will more contribute to the attainment of this desirable object than an entire freedom of navigation, the abolition of all differential duties of navigation and of ; commerce, and a perfect reciprocity, based on principles of equity, equally beneficial to both countries, and applicable alike in peace and in war, have resolved to conclude a general convention of amity, commerce, navigation, and for the surrender of fugitive criminals. For this pur- pose, they have respectively appointed Plenipotentiaries, to wit : The President of the United States has appointed Eobert Dale Owen, Minister Eesident of the United States near His Majesty the King of the Kingdom of the Two Sicilies ; and His Majesty »^'«°»- the King of the Kingdom of the Two Sicilies has appointed Don Lewis Oarafa della Spina, of the Dukes of Traetto, Weekly Majordomo of His Majesty, Commander of His Eoyal Order of Civil Merit of Francis the First, Grand Cross of the distinguished Eoyal Spanish Order of Charles the Third, Grand Officer of the Order of the Legion of Honor, Grand Cross of the Order of St. Michael of Bavaria, Grand Cross of the Florentine Order of Merit under the title of St. Joseph, Grand Cross of the Order of Merit of Parma under the title of St. Ludovico, Grand Cross of the Brazilian Order of the Eose, charged provisionally with the Portfolio of Foreign Affairs ; and Don Michael Gravina e Eequesenz, Prince of Comi- tini, his Gentleman of the Bedchamber in exercise, Chevalier Grand Cross of his Eoyal Order of Francis the First, invested with the Grand Cordon of the Order of the Legion of Honor, and the Grand Cross of the following orders, namely : of Leopold of Austria, of the Eed Eagle of Prussia, of ■ the White Eagle of Eussia, of St. Maurice and Lazarus of Sardinia, of Dannebrog of Denmark, of Leopold of Belgium, and of the Crown of Oak of the Low Countries, late his Minister Secretary of State ; and Don Joseph Marius Arpino, Advocate-General of the Grand Court of Accounts ; And the said Plenipotentiaries, after having exchanged their respect- 864 TREATIES AND CONVENTIONS. ive full powers, found in good and due form, have concluded and signed the following articles : Article I. It is the intention of the two high contracting parties that there shall peaee eatabhshed ^e, and continue through all time, a firm, inviolable, and universal peace, and a true and sincere friendship, between them and between their respective^ territories, cities, towns, and people., without exception of persons or places. But if, notwithstanding, the withdrawal or a * w0 na ti° ns should, unfortunately, become involved in war, "on^a.Tpropwty one with the other, the term of six months, from and after the declaration thereof, shall be allowed to the merchants and other inhabitants, respectively, on each side, during which term they shall be at liberty to withdraw themselves, with all their effects, which they shall have the right to carry away, send away, or sell, as they please, without hinderance or molestation. During such period of six months their persons and their effects, including money, debts, shares in the public funds or in banks, and any other property, real or per- sonal, shall be exempt from confiscation or sequestration ; and they shall be allowed freely to sell and convey any real estate to them belonging, and to withdraw and export the proceeds without molestation, and with- out paying, to the profit of the respective governments, any taxes or dues other or greater than those which the inhabitants of the country wherein said real estate is situated shall, in similar cases, be subject to pay. And passports, valid for a sufficient term for their return, shall be granted, as a safe-conduct for themselves, their vessels, and the money and effects which they . may carry or send away, against the assaults and prizes which may be attempted against their persons and effects, as well by vessels of war of the contracting parties as by their privateers. Article II. Considering the remoteness of the respective countries of the two contracting parties, and the uncertainty resulting therefrom, Blockades. ... °jT . a-i ' • j- i ■ ■ i. j- i i ■! with respect to the various events which may take place, it is agreed that a merchant vessel belonging to either of them, which may be bound to a port supposed at the time of its departure to be blockaded, shall not, however, be captured or condemned for having attempted a first time to enter said port, unless it can be proved that said vessel could and ought to have learned, during its voyage, that the blockade of the place in question still continued. But all vessels which, after having been warned off once, shall, during the same voyage, attempt a second time to enter the same blockaded port, during the continuance of the same blockade, shall thereby subject themselves to be detained and condemned. By blockaded port, is understood one into which, by the disposition of the Power which attacks it] with a proportionate number of ships sufficiently near, there is evident danger in entering. Article III. The high contracting parties, in order to prevent and avoid all dis- pute by determining, with certainty, what shall be con- sidered by them contraband in time of war, and as such cannot be conveyed to the countries, cities, places, or seaports of their enemies, have declared and agreed that under the name of contraband TWO SICILIES, 1855. 865 of war shall be comprised only cannons, mortars, petards, granades, muskets, balls, bombs, gun-carriages, gunpowder, saltpetre, matches ; troops, whether infantry or cavalry, together with all that appertains to them ; as also every other munition of war, and, generally, every species of arms, and instfuments in iron, steel, brass, copper, or any other material whatever, manufactured, prepared, and made expressly for purposes of war, whether by land or sea. And it is expressly declared and understood that the merchandise ' above set forth as contraband of war shall not entail con- tmm1j ^ other flscation, either on the vessel on which it shall have been ^I^tHuI^I loaded, or on the merchandise forming the rest of the cargo of said vessel, whether tiie said merchandise belong to the same or to a different owner. ' Article IV. The citizens and subjects of each of the high contracting parties shall have free and undoubted right to travel and reside in the mshto[ ,„ Telle „ States of the other, remaining subject only to the precau- a " d re,ide ""- tions of police which are practised towards the citizens or subjects of the most favored nations. Article V. The citizens or subjects of one of the high contracting parties, travel- ling or residing in the territories of the other, shall be free ^ em , ti<> . „c e;u- from all military service, whether by land or sea, from all S/TiiSyle"' billeting of soldiers in their houses, from every extraordi- Tice > 4sc - nary contribution, not general and by law established, and from all forced loans ; nor shall they be held, under any pretence whatever, to pay any taxes or impositions, other or greater than those which are or may hereafter be paid by the subjects or citizens of the most favored nations, in the respective States of the high contracting parties. Their dwellings, warehouses, and all premises appertaining thereto, destined for purposes of commerce or residence} shall be respected. No arbitrary search of or visit to their houses, whether private or of business, and no arbitrary examination or inspection whatever of their books, papers, or accounts of trade, shall be made ; bu^; such measures shall have place only in virtue of warrant granted by the judicial authorities. And each of the high contracting parties expressly engages that the citizens or subjects of the other, residing in their respective States, shall enjoy their property and personal security, in as full and ample a manner as their own citizens or subjects, or the citizens or subjects of the most favored nations. Article VI. The citizens and subjects of each of the contracting parties, residing in the States of the other, shall be entitled to carry on com- merce, arts, or trade, and to occupy dwellings, shops, and Co,I,merc,a ' r,ehts - warehouses, and to dispose of their property of every kind, whether real or personal, by sale, gift, exchange, or in any other way, without hinder- ance or obstacle. And they shall be free to manage their own affairs, themselves, or to commit those affairs to persons whom they may ap- " point as broker, factor, or agent ; nor shall they be restrained in their choice of persons to act in such capacities ; nor shall they be called upon to pay any salary or remuneration to any person whom they shall not choose to employ. Absolute freedom shall also be given in all cases to the buyer and seller to bargain together, and also to fix the price of 866 TREATIES AND CONVENTIONS. any goods or merchandise imported into or to be exported from the States of either of the contracting parties, save and except cases where the laws of the said States may require the intervention of special agents, or where, in either of the countries, articles may be the subject of a Government monopoly, as at present in the Kiifgdom of the Two Sicilies the royal monopolies of tobacco, salt, playing cards, gunpowder, and saltpetre. It being expressly understood, however, that none of the provisions of the present treaty shall be so construed as to take away the right of either of the high contracting parties to grant patents of invention or improvement, either to the inventors or to others, and that the prin- ciples of reciprocity established by this treaty shall not extend to pre- miums which either of the high contracting parties may grant to their own citizens or subjects for the encouragement of the building of ships to sail under their own flag. Article VII. As to any citizen or subject of either of the high contracting parties s-cce-ion'toprop. dying within the jurisdiction of the other, his heirs being '"*■ citizens or subjects of the other, shall succeed to his personal property, and either to his real estate or to the proceeds thereof, whether by testament or abintestate; and may take possession thereof, either by themselves or by others acting for them ; and may dispose of the same at will, paying to the profit of the respective Governments such dues only as the inhabitants of the country wherein the said property is, shall be subject to pay in like cases. And in case of the absence of the heir or of his representatives, the same care shall be taken of the said property as would be taken, in like cases, of the effects of the natives of the country itself; the respective Consular Agents having notice from the competent judicial authorities of the day and hour in which they, will proceed to the imposing or removing of seals and to the making out of an inventory, in all cases where such proceedings are required by law ; so that the said Consular Agent may assist thereat. The respective Consuls may demand the delivery of the hereditary effects of their countrymen, which shall be immediately delivered to them, if no formal opposition to such delivery shall have been made by the creditors of the deceased, or otherwise, as soon as such opposition shall have been legally overruled. And if a question shall arise as to the rightful ownership of said property, the same shall be finally decided by the laws and judges of the land wherein the said property is. And the citi- zens and subjects of either of the contracting parties in the Mai of ca.e.. states of the other shall have free access to the tribunals of justice of said States, on the same terms which are granted by the laws and usages of the country to native citizens or subjects; and they may employ, in defence of their interests and rights, such advocates,, attorneys, and other agents, being citizens or subjects of the other, as they may choose to select. Article VIII. There shall be, between the territories of the high contracting par- commerc' and ties, reciprocal liberty of commerce and navigation; and to- navigation. that effect the vessels of their respective States shall mutu- ally have liberty to enter the ports, places, and rivers of the territories of each party wherever national vessels arriving from abroad are per- TWO SICILIES, 1855. 867 mitted to enter. And all vessels of either of the two contracting par- ties arriving in the ports of the other shall be treated, on their arrival, during their stay, and at their departure, on the same footing as national vessels; as regards port charges, and all charges of navigation, such as of tonnage, light-houses, pilotage, anchorage, quarantine, fees of public functionaries, as well as all taxes or impositions of whatever sort, and under whatever denomination, received in the name, and for the benefit of the Government, or of local authorities, or of any private institution whatsoever, whether the said vessels arrive or depart in ballast, or whether they import or export merchandise. Article IX. The national character of the vessels of the respective countries shall be recognized and admittedly each of the parties, accord- Nationilcliaracter ingtoitsown laws and special rules, by means of papers °' Tess8l »- granted by the competent authorities to the captains or masters. And no vessels of either of the contracting parties shall be entitled to profit by the immunities and advantages granted in the present treaty, unless they are provided with the proper papers and certificates, as required by the regulations existing in the respective countries, to establish their tonnage and their nationality. i Article X. The vessels of each of the high contracting parties shall be allowed to introduce into the ports of the other, and to export Right t0 export thence, and to deposit and store there, every sort of goods, acd import - wares, and merchandise, from whatever place the same may come, the importation and exportation of which are legally premitted in the respect- ive States, without being held to pay other or heavier custom-house duties or imposts, of whatever kind or name, other or of higher rate than those which would be paid for similar goods or products if the same were imported or exported in national vessels; and the same privileges, drawbacks, bounties, and allowances which may be allowed by either of the contracting parties on any merchandise imported or ex- ported in their own vessels shall be allowed, also, on similar produce imported or exported in vessels of the other party. Article XL No priority or preference shall be given, directly or indirectly, by either of the contracting parties, nor by any company, cor- Discr i miimtl0I1 a , poration, or agent, in their behalf, or under their authority, t °"'" 16 - in the purchase of any article of commerce lawfully imported on account of or in reference to the character of the vessel in which such article was imported ; it being the true intent and meaning of the contracting parties that no distinction or difference shall be made in this respect. Article XII. The principles contained in the foregoing articles shall be applicable in all their extent to vessels of each of the high contracting parties, and to their cargoes, whether the said vessels arrive from the ports Qf either of the contracting parties, or from those of any other foreign country, so that, as far as regards dues of navigation or of 868 TREATIES AND CONVENTIONS. customs, there shall not be made, either in regard to direct or indirect navigation, any distinction whatever between the vessels of the two con- tracting parties. Article XIII. The above stipulations shall not, however, extend to fisheries, nor to the coasting trade from one port to another in each country, whether for passengers or, merchandise, and whether by sailing vessels or steamers, such navigation and traffic being reserved exclusively to national vessels. But, notwithstanding", ,the vessels of either of the two contracting par- ties may load or unload in part at one or more ports of the territories of the other, and then proceed, to any other port or ports in said territories to complete their loading or unloading, in the same manner as a national vessel might do. Article XIV. No higher or other duty shall be imposed on the importation, by sea D i5 cr imi nati„gd«- or land, into the United States, of any article the growth, tu * produce, or manufacture of the Kingdom of the Two Sicilies, or of her fisheries; and no higher or other duty shall be imposed on the importation, by sea or by land, into the Kingdom of the Two Sicilies, of any article the growth, produce, or manufacture of the United States or their fisheries, than are or shall be payable on the like articles the growth, produce, or manufacture of any other foreign country. No other or higher duties and charges shall be imposed in the United States on the exportation of any article to the Kingdom of the Two Sicilies, or in the Kingdom of the Two Sicilies on the exporta- tion of any article to the United States, than such as are or shall be payable on the exportation of the like article to any foreign country. v And no prohibition shall be imposed On the importation or exportation of any article the growth, produce, or manufacture of the United States or their fisheries, or of the Kingdom of the Two Sicilies and her fish- eries, from or to the ports of the United States or of the Kingdom of the Two Sicilies, which shall not equally extend to every other foreign country. Article XV. If either of the high contracting parties shall hereafter grant to any other nation any particular favor, privilege, or immunity, avored >atio» m navigation or commerce, it shall immediately become common to the other party, freely, where it is freely granted to such other nation, and on yielding the same compensation, or a com- pensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, when the grant is conditional. Article XVI. The vessels of either of the high contracting parties that may be con- strained by stress of weather, or other accident, to seek refuge to V p'rtV°M«M o? in any port within the territories of the other, shall be treated weather. ^ there in every respect as a national vessel would be in the same strait: Provided, however, that the causes which gave rise to this forced landing are real and evident ; that the vessel does not engage in any commercial operation, as loading or unloading merchandise ; and that its stay in the said port is not prolonged beyond the time rendered • TWO SICILIES, 1855. 869 necessary by the causes which, constrained it to land ; it being under- stood, nevertheless, that any landing of passengers, or any loading or unloading caused by operations of repair of the vessel or by the neces- sity of providing subsistence for the crew, shall not be regarded as a commercial operation. Article XVII. In case any ship of war or merchant- vessel shall be wrecked on the coasts or within the maritime jurisdiction of either of the high contracting parties, such ships or vessels, or any parts thereof, and all furniture and appurtenances belonging thereto, and all goods and merchandise which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored, with the least possible delay, to the proprietors, upon being claimed by them, or by their dijily authorized factors ; and if there are no such proprietors or factors on the spot, then the said goods and merchandise, or the proceeds thereof, as well as all the papers found on board such wrecked ships or vessels, shall be delivered to the American or Sicilian Consul, or Vice- Consul, in whose district the wreck may have taken place, and such Consul, Y ice-Consul, proprietors, or factors, shall pay only the expenses incurred in the preservation of the property, together with the rate of salvage and expenses of quarantine, which would have been payable in the like case of a wreck of a national vessel ; and the goods and mer- chandise saved from the wreck shall not be subject to duties, unless cleared for consumption ; it being understood that in case of any legal claim upon such wreck, goods, or merchandise, the same shall be referred for decision to the competent tribunals of the country. Article XVIII. Each of the high contracting parties grants to the other, subject to the usual exequatur, the liberty of having, in the ports of. the other where foreign commerce is usually permitted, Con- suls, Vice-consuls, and Commercial Agents of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nations ; but if any such Consul, Vice-Consul, or Commercial Agent shall exercise commerce, he shall be subjected to the same laws and usages to which private individuals of the nation are subjected in the same place. And whenever either of the two contracting parties shall select for a Consular Agent a citizen or subject of this last, such Consular Agent shall continue to be regarded, notwithstanding his qual- ity of foreign Consul, as a citizen or a subject of the nation to which he belongs, and consequently shall be submitted to the laws and regula- tions to which natives are subjected. This obligation, however, shall not be so construed so as to embarrass his consular functions, nor to affect the inviolability of the consular archives. Article XIX. The said Consuls, Vice-consuls, and Commercial Agents shall have the right as such to judge, in quality of arbitrators, such differences as may arise between the masters and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crew, or of the captain, should disturb- the public peace or order of the country, or such Consul, Vice-Consul, or Commercial Agent should require their 870 TREATIES AND CONVENTIONS. assistance to cause his decisions to be carried into effect or supported. Nevertheless, it is understood that this species of judgment or arbitra- tion shall not deprive the contending parties of the right they have to resort, on their return home, to the judicial authorities of their own country. Article XX. The said Consuls, Yice-Consuls, and Commercial Agents may cause to be arrested and sent back, either on board or to their own country, sailors and all other persons who, making a regu- lar part of the crews of vessels of the respective nations, and having embarked under some other name than that of passengers, shall have deserted from the said vessels. For this purpose they shall apply to the competent local authorities, proving, by the register of the vessel, the roll of the crew, or, if the vessel shall have departed, with a copy of the said papers, duly certified by them, that the persons they claim formed part of the crew ; and on such a reclamation, thus substantiated, the surrender of the deserter shall not be denied. Every assistance shall also be given to them for the recovery and arrest of such de- serters; and the same shall be detained and kept in the prisons of the country, at the request and cost of the Consuls, until the said Consuls shall have found an opportunity to send them away. It being under- stood, however, that if such an opportunity shall not occur in the space of four months from the date of their arrest, the said deserters shall be set at liberty, and shall not be again arrested for the same cause. Nev- ertheless, if the deserter shall be found to have committed any other crime or offence on shore, his surrender may be delayed by the local authorities until the tribunal before which his case shall be pending shall have pronounced its sentence, and until such sentence shall have been carried into effect. Article XXI. It is agreed that every person who, being charged with or condemned Extradition of f° r an y of the crimes enumerated in the following article, criminals. committed within the States of one of the high contracting parties, shall seek asylum in the States, or on board the vessels of war of the other party, shall be arrested and consigned to justice on de- mand made, through the proper diplomatic channel, by the Government within whose territory the offence shall have been committed. This surrender and delivery shall not, however, be obligatory on either of the' high contracting parties until the other shall have pre- sented a copy of the judicial declaration or sentence establishing the culpability of the fugitive, in case such sentence or declaration shall have been pronounced. But if such sentence or declaration shall not have been pronounced, then the surrender may be demanded, and shall be made, when the demanding Government shall have furnished such proof as would have been sufficient to justify the apprehension, and commitment for trial, of the accused, if the offence had been committed in the country where he shall have taken refuge. Article XXII. Persons shall be delivered up, according to the provisions of this treaty, who shall be charged with any of the following Same subject. . . ■ , crimes, to wit : Murder, (including assassination, parricide, infanticide, and poison- F to citizens, i TWO SICILIES, 1855. 871 ing;) attempt to commit murder; rape; piracy; arson; the making and uttering of false money, forgery, including forgery of evidences of public debt, bank-bills, and bills of exchange ; robbery with, violence ; intimidation or forcible entry of an inhabited house ; embezzlement by public officers, including appropriation of public funds ; when these crimes are subject, by the code of the Kingdom of the Two Sicilies to the punishment della reclusione^ or other severer punishment, and by the laws of the United States to infamous punishment. Article XXIII. On the part of each country, the surrender of fugitives from justice shall be made' only by the authorityof the Executive thereof. _ • The fturT£nd&r t o And all expenses whatever of detention and delivery, be made by the Ex- effected in virtue of the preceding articles, shall be at the cost of the party making the demand. Expense* Article XXIV. The citizens and subjects of each of the high contracting parties shall remain exempt from the stipulations of the preceding ErtraaiU<)n „ ot , articles, so far as they relate to the surrender of fugitive S p P ', r ei criminals ; nor shall they apply to offences committed before the date of the present treaty, nor to offences of a political character, unless the political offender sh^ll also have been guilty of some one of the crimes enumerated in Article XXII. Article XXV. The present treaty shall take effect from the day in which ratifications shall be exchanged, and shall remain in force for the term When thiB treat , of ten years, and further, until the end of twelve months ^n^^"- after either of the high contracting parties shall have given notice to the other of its intention to terminate the same ; each of the said contracting parties reserving to itself the right to give such notice at the end of said term of ten years, or at any subsequent time. , Article XXVI. The present treaty shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Majesty the King of the Kingdom of the Two Sicilies ; and the ratifications shall be ex- changed at Naples within twelve months from the date of its signature, or sooner if possible. In faith whereof, the respective Plenipotentiaries have signed the foregoing articles in the English and Italian languages, and have here- unto affixed the seals of their arms. I)one in duplicate, at the city of Naples, this first day of October, in the year of our Lord one thousand eight hundred fifty-five. EOBEET DALE OWEN. [l. S. LUIGI OAEAFA. II. s.' PEINOIPE DI COMITINI. [l. s.' GIUSEPPE MAEIO AEPINO. [l. s.' 872 TREATIES AND CONVENTIONS. DECLARATIONS. It having been -stipulated in Article XI of the treaty of the first De- rmis, on wine, cember, 1845, that the red and white wines, of every kind, *nd com™. f thefKingdom of the Two Sicilies, including those of Mar- sala, which may be imported directly into the United States of Amer- ica, whether in vessels of the one or of the other country, shall not pay other or higher duties than the red and white wines of the most favored nations ; and, in like manner, that the cottons of the United States of America which may be imported directly into the Kingdom of the Two Sicilies, whether in vessels of the one or of the other nation, shall not pay other or higher duties than the cottons of Egypt, Bengal, or the most favored nations : And it being agreed in the new treaty concluded between the United States of America and the Kingdom of the Two Sicilies, and to-day signed by the undersigned, not only that no duties of customs shall be paid on merchandise the produce of one of the two countries imported into the other country, other or higher than shall be paid on merchan- dise of the same kind the produce of any other country, but also that, as to all duties of navigation or of customs, there shall not be made, as to the vessels of the two countries, any distinction whatever between direct and indirect navigation : The undersigned declare, as to the construction of the new treaty, from the day on which the ratifications thereof shall be exchanged, that the red and white wines, of every kind, of the Kingdon of the Two Sicilies, including the wine of Marsala, which shall be imported into the United States of America, shall not pay other or higher duties than are paid by the red and white wines of the most favored nations. And, in like manner, that the cottons of the United States which shall be imported into the Kingdom of the Two Sicilies shall not pay other or higher duties than the cottons of Egypt, Bengal, or the most favored nations. The present declaration shall be considered as an integral part of the said new treaty, and shall be ratified, and the ratifications thereof ex- changed, at the same time as those of the treaty itself. In faith whereof, the undersignd have hereunto set their hands and affixed the seal of their arms. Done in duplicate, in the city of Naples, this first day of October, in the year of our Lord one thousand eight hundred and fifty-five ROBERT DALE OWEN. LUIGI CARAFA. PRINCIPE DI COMITINI. GIUSEPPE MAEIO ARPINO. L. S L. S L. S L. S VENEZUELA. VENEZUELA, 1836. TREATY OF PEACE, FRIENDSHIP, NAVIGATION AND COMMERCE, BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF VENEZUELA. CONCLUDED JANUARY 20, 1836; RATIFICATIONS EXCHANGED MAY.31, 1836; PROCLAIMED JUNE 20, 1836. * [This treaty was terminated January 3, 1851, pureuant to notice from Venezuela,, under Article 34.] The United States of America and the Eepublic of Venezuela, desiring to make lasting and firm the friendship and good understanding which happily prevails-between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall, in future, be relig- iously observed between the one and the other, by means of a treaty of friendship, commerce, and navigation. For this most desirable object, the President of the United States of America has con- i, eBOtiators ferred full powers on John G. A. Williamson, a citizen of the said States, and their Charge" d' Affaires to the said Eepublic, and the President of the Eepublic of Venezuela on Santos Michelena, a citi- zen of the said Eepublic ; who, after having exchanged their said full powers, in due and proper form, have agreed to the following articles : Article I. There shall be a perfect,&firm, and inviolable peace and sincere friend- ship between the United States of America and the Eepublic Peaceindrriend5hi of Venezuela, in all the extent of their possessions and terri- Peace *" tories, and between their people and citizens, respectively, without dis- tinction of persons or places. Article II. The United States of America and the Eepublic of Venezuela, desiring to live in peace and harmony with all the other nations of ofcommer the earth, by means of a policy frank and equally friendly with all, engage, mutually, not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not imme- diately become common to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same com- pensation, if the concession was conditional. Article III. The two high contracting parties being likewise desirous of placing the commerce and navigation of their respective countries M „,„ al ^j,, ^ on the liberal basis of perfect equality and reciprocity, «»*•»■<' "■!*»■»■ mutually agree that the citizens of each may frequent all the coasts and countries of the other, and reside and trade there in all kinds of produce,. •'874 TREATIES AND CONVENTIONS. manufactures and merchandize; and they shall enjoy all the rights, privileges and exemptions, in navigation and commerce, which native citizens do or shall enjoy, submitting themselves to the laws, decrees and usages there established, to which native citizens are subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved, by the parties respectively, according to their own separate laws. Article IV. They likewise agree that whatever kind of produce, manufactures, Equalization ot or merchandize, of any foreign country, can be from time to dutjpa. ^ me i aw f u py imported into the United States, in their own vessels, may be also imported in vessels of the Eepublic of Venezuela; and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied and collected, whether the importation be made in the vessels of the one country or of the other. And, in like man- ner, that whatever kind of produce, manufactures, or merchandize, of any foreign country, can be from time to time lawfully imported into the Eepublic of Venezuela, in its own vessels, may be also imported in ves- sels of the United States; and that no higher or other duties upon the "tonnage of the vessels and her cargo shall be levied or collected, whether the importation be made in vessels of the one country or of the other. And they agree that whatever may be lawfully exported or re-exported from the one country in its own vessels, to any foreign country, may, inlike manner, be exported or re-exported in the vessels of the other country. And the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of the Eepublic of Venezuela. Article V. For the better understanding of the preceding article, and taking into Venezuela* Yess^ consideration the actual state of the commercial marine of the Eepublic of Venezuela, it has been stipulated and agreed that all vessels belonging exclusively to a citizen or citizens of said Eepublic, and whose captain is also a citizen of the same, though the construction or crew are or may be foreign, shall be considered, for all the objects of this treaty, as a Venezuelan vessels. Article VI. No higher or other duties shall be imposed on the importation into importations and the United States of any articles the produce or manufactures exportations. f fljg Republic of Venezuela, and no higher or other duties shall be imposed on the importation into de, Eepublic of Venezuela of any articles the produce or manufacture of the United States, than are or shall be payable on the like articles being the produce or manufac- tures of any other foreign country ; nor shall any higher or other duties or charges be imposed in either of the two countries, on the exportation of any articles to the United States or to the Eepublic of Venezuela, respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be im- posed on the exportation or importation of any articles the produce or manufactures of the United States or of the Eepublic of Venezuela, to or from the territories of the United States, or to or from the territories VENEZUELA, 1836. 875 of the Eepublic of Venezuela, which shall, not equally extend to all other nations. Article VII. It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of both countries, c iazem of both to manage themselves their own business, in all the ports gjj?" '° Sj u 3J w * and places subject to the jurisdiction of each other, as well &c - with respect to the consignment and sale of their goods and merchandize by wholesale or retail, as with respect to the loading, unloading, and send- ing off their ships ; they being in all these cases to be treated as citizens of the country in which they reside, or, at least, to be placed on a footing with the subjects or citizens of the most favoured nation. Article VIII. The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, merchandizes, or effects, for any military expedition, nor for any public or private purpose whatever, without allowing to those interested a sufficient indemnification. Article IX. Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports, citizens to be or dominions of the other with their vessels, whether mer- ^fi r "°j£!i££- chant or of war, public or private, through stress of weather, re80rt ' &c - pursuit of pirates or enemies, they shall be received and treated with humanity ; giving to them all favour and protection for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage, without obstacle or hindrance of any kind. Article X. All the ships, merchandize, and the effects belonging to the citizens of one of the contracting parties, which may be captured by pirates, whether within the limits of its jurisdiction or on P '™" !s ' the high seas, and may be carried or found in the rivers, roads, bays, ports, or dominions of the other, shall be delivered up to the owners, they proving, in due and proper form, their rights before the competent tribunals ; it being well understood, that the claim should be made within the term of one year, by the parties themselves, their attorneys, or agents of the respective Governments. Article XI. When any vessel belonging to the citizens of either of the contracting parties shall be wrecked, foundered, or shall suffer any damage on the coasts or within the dominions of the other, Wreck8 ' there shall be. given to them all assistance and protection in the same manner which is usual and customary with the vessels of the nation where the damage happens, permitting them to unload the said vessel, if necessary, of its merchandize and effects, without exacting for it any duty, impost, or contribution whatever, until they may be exported, unless they be destined for consumption. 876 TREATIES AND CONVENTIONS. Article XII. The citizens of each of the contracting parties shall have power to p wer to d 16P ose dispose of their personal goods within the jurisdiction of ofpropeny. ^e ther, by sale, donation, testament, or otherwise, and their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestato; and they may take possession thereof either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein tne said goods are, shall be subject to pay in like cases. And if, in the case of real [e] state, the said heirs would be prevented from entering into the possession of the in- heritance on account of their c[h]aracter of aliens, there shall be granted to them the term of three years, to dispose of the same as they may think proper, and to withdraw the proceeds without molestation, nor any other charges than those which are imposed ' by the laws of the country. Article XIII. . Both the contracting parties promise and engage, formally, to give pe™™ »nd prop, their special protection to the persons and property of the ertJ - , citizens of each other^ of all occupations, who may be in the territories subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial recourse on the same terms which are usual and costwmary with the natives or citizens of the country in which they may be; for which they may employ, in defence of their rights, such advocates, solicitors, notaries, agents, and factors as they may judge proper, in all their trials at law; and such citizens or agents shall have free opportunity to be present at the decisions and sentences of the tribunals in all cases which may concern them, and likewise at the taking of all examinations and evidence which may be exhibited on the said trials. Article XIY. The citizens of the United States residing in the territories of the Liberty of co n - Republic of Venezuela shall enjoy the most perfect and wor°hip, a °&clr»°- r entire security of conscience, without being annoyed, pro- cured. ' vented, or disturbed on account of their religious belief. Neither shall they be annoyed, molested, or disturbed in the proper exercise of their religion in private houses, or in the chapels or places of worship appointed for that purpose, with the decorum due to divine worship, and with due respect to the laws, usages, and customs of the country. Liberty shall also be granted to bury the citizens of the United States who may die in the territories of the Eepublic of Vene- zuela, in convenient and adequate places, to be appointed and estab- lished by themselves for that purpose, with the knowledge of the local authorities, or in such other places of sepulture as may be chosen by the friends of the deceased ; nor shall the funerals or sepulc[n]res of the dead be disturbed in any wise nor upon any account. In like manner, the citizens of Venezuela shall enjoy within the Government and terri- tories of the United States a perfect and unrestrained liberty of con- science and of exercising their religion publicly or privately, within their own dwelling-houses, or in the chapels and places of worship appointed for that purpose, agreeable to the laws, usages, and custom* of the United States. VENEZUELA, 1836. 877 Article XV. • It shall be lawful for the citizens of the United States of America and of the Eepublic of Venezuela to sail with their ships, with Both „„ tie8 it all manner of liberty and security, no distinction being Ka&Sdw »2 made who are the proprietors of the merchandizes laden »"•""•> &c - thereon, from any port to the places of those who now are or hereafter shall be at enmity with either of the contracting parties. It shall, like^ wise, be lawful for the citizens aforesaid to sail with their ships and merchandizes before mentioned, and to trade with the same liberty and security, from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatso- ever, not only directly from the places of the enemy before mentioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the juris- diction of one power or under several; and it is hereby ' F pe».Mj.tomake stipulated that free ships shall also give freedom to goods, free g °° d3 ' and that everything shall be deemed to be free and exempt which shall be found on board the ships belonging to the citizens of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either, contraband goods being always excepted. It is also agreed, in like manner, that the same Free sWp , t0 „,„,«. liberty shall be extended to persons who are on board a free t '°°» i *<'°* ! >- ship, with this effect, that, although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are officers or soldiers and in the actual service of the enemies. ' Provided, however, and it is hereby agreed, that the stipu- r '°™ ' lations in this article contained, declaring that the flag shal[l] cover the property, shall be understood as applaying to those Powers only who recognise this principle; but if either of the two contracting parties shall be at war with a third, and the other neutral, the flag of the neutral shall cover the property Of • enemies whose governments acknowledge this principle, and not of others. Article XVI. It is likewise agreed, that in the case where the neutral flag of one of the contracting parties shall protect the property of the Enemr ,„ propert enemies of the other, by virtue of the above stipulations, it ^"Sl^b shall always be understood that the neutral property found ■ hipi " 5d ' wiea - on board such enemy's vessels shall be held and considered as enemy's property, and as such shall be liable to detention and confiscation, ex- cept such property as was put on board such vessel before the declara- tion of war, or even afterwards, if it were done without the knowledge of it: but the contracting parties agree that two months having elapsed after, the declaration, their citizens shall not plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy's property, in that case, the goods and merchandizes of the neutral, em- barked in such enemy's ship, shall be free. Article XVII. This liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only which are distinguished by the name of contraband ; and under this name of contra- Cml ^ mi ^ i ^ band or prohibited goods shall be comprehended : 878 TREATIES AND CONVENTIONS. 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords,, sabres, lances, spears, hal- berds, and granades, bombs, powder, matches, balls, and all other things belonging to the use of these arms. 2d. Bucklers, helmets, breastpleates, coats of mail, infantry-belts, and clothes made up in the form and for military use, 3d. Cavalry-belts and horses with their furniture. 4th. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials, manufactured, prepared, and formfed] expressly to make war by sea or land. Article XVIII. All other merchandises and things not comprehended in the articles Goods not cont ra . of contraband explicitly enumerated and classified as above ban" >ut co °™ y - mander of the convoy, on his word of honour, that the vessels under his protection belong to the nation whose flag he carries, and, when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient. # Article XXIV. It is further agreed that in all cases the established courts for prize causes, in the country to which the prizes may be conducted, shall alone take cognizance of them; and whenever such !*«««,«» 880 TREATIES AND CONVENTIONS. tribunals, of either party, shall pronounce judgment against any vessel, or goods, or property claimed by the citizens of the other party, the sentence or decree shall mention the reason or motives on which the same shall have been founded, and an authenticated copy of the sen- tence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of said vessel without any delay, he paying the legal fees for the same. Article XXV. Whenever one of the contracting parties shall be engaged ;n war with The "ne^ai p.rt, another State, no citizen of the other contracting party miL t °o n ac tT c t r a u° s m e shall accept a commission or letter of marque, for the pur- aeainst the other. p 0ge f ass i s tj n g or co-operating hostilely with the said enemy against the said party so at war, under the pain of being consid- ered as a pirate. Article XXVI. If, by any fatality, which cannot be expected, and which God forbid, n case or w ar ^ e ^ wo contracting parties should be engaged in a war with each other, they have agreed, and do agree now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business and transport their effects wherever thefy] please, giving to them the safe-conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens of all other occu- pations, who may be established in the territories or dominions of the United States and of the Eepublic of Venezuela, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. Article XXVII. Xeither the debts due from individuals of the one nation to the indi- no .egontntion viduals of the other, nor shares, nor moneys which they ofmo-eymbant,& c . ma y jj aye j n p U foij c funds, nor in public or private banks, shall ever, in any event of war or of national dffference, be sequestered or confiscated. Article XXVIII. Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official inter- Official intercourne. -. tit , , , , ■-, -n course, have agreed, and do agree, to grant to the Envoys, Ministers, and other public agents, the same favours, immunities, and exemptions, which those of the most favoured nation do or shall enjoy ; it being understood that whatever favours, immunities, or privileges the United States of America or the Eepublic of Venezuela may find it proper to give to the Ministers and other public agents of any other Power, shall, by the same act, be extended to those of each of the con- tracting parties. Article XXIX. To make more effectual the protection which the United States and the Eepublic of Venezuela shall afford in future to the nav- igation and commerce of the citizens of each other, they VENEZUELA, 1836. 881 agree to receive and admit Consuls and Vice-Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, pre- rogatives, and immunities of the Consuls and Yice-Consuls of the most favoured nation ; each contracting party, however, remaining at liberty to ex[c]ept those ports and places in which the admission and residence of such Consuls [and Vice-Consuls] may not seem convenient. Article XXX. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities which belong to them by their public character, they shall, before entering on the ex- ercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited ; and, having obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates, and inhabitants in the consular district in which they reside. Article XXXI. It is likewise agreed'that the Consuls, their secretaries, officers, and persons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempt from all kinds of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens and inhabitants, native and foreign, of the country in which they reside are subject, being in everything besides subject to the laws of the respective States. The archives and papers of the consulates shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. Article XXXII. The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and cus- tody of deserters from the public and private vessels of their country, and for that purpose they shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing ; proving by an exhibition of the registers of the vessel's or ship's roll, or other public documents, that those men were part of the said crews, and on this demand so proved, (saving, however, where the con- trary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of said Consuls, and may be put in the public prisons, at the request and expence of those who re- claim them, to be sent to the ships to which they belonged, or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. Article XXXIII. Eor the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit them, to form a Consutarc ° , "' e " ti °"- consular convention, which shall declare especially the powers and immunities of the Consuls and Vice-Consuls of the respective parties. 56 882 TREATIES AND CONVENTIONS. Article XXXIY. The United States of America and the Republic of Venezuela, desiring to make as durable as circumstances will permit the relations which are to be established between the two parties by virtue of this treaty of peace, amity, commerce, and navigation, have declared solemnly and do agree to the following points : 1st. The present treaty shall remain in full force and virtue for the Treaty to remain term of twelve years, to be counted from the day of the i.,iot« t^dve ye.™, exchange of the ratifications, and further, until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of the con- tracting parties reserving to itself the right of giving such notice to the other at the end of said term of twelve years; and it is hereby agreed between them that, on the expiration of one year after such notice shall have been received by either from the other party, this treaty in all its parts relative to commerce and navigation shall altogether cease and determine, and in all those parts which relate to peace and friendship it shall be perpetually and permanently binding on both powers. 2d. If any one of [or] more of the citizens of either party shall infringe any of the articles of this treaty, such citizen shall be held «™!»"' "eiorJSe personally responsible for the same, and harmony and good correspondence between the two nations shall not be inter- rupted thereby, each party engaging in no way to protect the offender, or sanction such violation. 3d. If, (what, indeed, cannot be expected,) unfortunately, any of the war not to-be de- articles in the present treaty shall be violated or infringed SSnceT mad e "and in any other way whatever, it is expressly stipulated that satisfaction refused. ne ith er f t ne contracting parties will order or authorize any act of reprisal, nor declare war against the other, on complaints of injuries or damages, until the said party considering itself offended shall first have presented to the other a statement of such injuries or damages, verified by competent proofs, and demanded justice, and the same shall have been either refused or unreasonbly delayed. 4th. Nothing in this treaty contained shall, however, be constructed* Exi.tine trebles [construed] or operate contrary to former and existing public M t to be affected, treaties with other Sovereigns and States. The present treaty of peace, amity, commerce, and navigation, shall to be ratified w ith. be approved and ratified by the President of the United i» eight months. states of America, by and with the advice and consent of the Senate thereof, and by the President of the Eepublic of Venezuela, with the consent and approbation of the Congress of the same; and the ratifications shall be exchanged in the city of Caracas, within eight months, to be counted from the date of the signature hereof, or sooner if possible. In faith whereof we, the Plenipotentiaries of the United States of America and of the Eepublic of Venezuela, have signed and sealed these presents. Done in the city of Caracas, on the twentieth day of January, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixtieth year of the Independence of the United States of America, and the twenty-sixth of that of the Eepublic of Venezuela. JOHN G. A. WILLIAMSON, [l. S. SANTOS MICHELENA. [l. s. VENEZUELA, 1859. 883 VENEZUELA, 1859. CONVENTION BETWEEN THE UNITED STATES AND VENEZUELA, FOR SETTLEMENT OP AVES ISLAND CLAIMS. SIGNED JANUARY 14, 1859 ; RATI- FIED FEBRUARY 26, 1861, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. Edward A. Turpin, Minister Eesident of the United States of America, and Luis Sanojo, Secretary of State in the Department of Foreign Eela- tions of the Government of Venezuela, being duly authorized to form an equitable agreement for the satisfaction of the damages and losses sustained by Philo S. Shelton, Sampson and Tappan, and Lang and Delano, in consequence of the evictions of their agents and employees from the Aves Island by the forces of Venezuela, have agreed upon the following articles : Article I. The Government of Venezuela obliges itself to pay to the Government of the United States, or to its Minister Eesident in Venezuela, the gross sum of one hundred and thirty thousand dollars, United States currency, ($130,000,) of which said sum, one hundred and five thousand dollars ($105,000) is in liquidation of the claims of Shelton, Sampson and Tap- pan, and is to be distributed among themselves, and the residue, that is to say, twenty-five thousand dollars, ($25,000,) is in liquidation of claims of Lang and Delano. Article II. The said sum of one hundred and thirty thousand dollars, shall be paid in the following terms : For Shelton, Tappan and Sampson : f 1st June 2, 500 iokq J 1st August 2, 500 X00J '") 1st October 2, 500 ( 1st December 2, 500 $10, 000 For Shelton & Co. : For Lang & Delano : iSfift i 30 June $7, 500 2, 000 J.OOU. j 31 December 7 500 2 000 $15, 000 $4, 000 1Sfi1 (30 June 10,000 2,000 j.oo±. | 31 December 10, 000 2, 000 20,000 4,000 18fi2 (30June 10,000 2,500 • \ 31 December 10, 000 2, 500 20,000 5,000 , Sfi o ( 30 June 10, 000 3, 000 \ 31 December 10, 000 3, 000 20,000 6,000 i 8fi4 (30June 10,000 3,000 " t 31 December 10, 000 3, 000 20,000 6,000 $95,000 $25,000 884 TREATIES AND CONVENTIONS. Interest at the rate of five per cent, per annum shall be paid on the gross amount of indemnity, commencing from the 1st day of this pre- sent month, January, 1859, and being added to the several instalments as they fall due. The interest being always computed on the amount of indemnity, ramaining unpaid at the time of the payment of the several instalments. Article III. In consideration of the above agreement and indemnification, the Government of the United States, and the individuals in whose behalf they have been made, agree to desist from all further reclamation re- specting the Island of Aves. Article IV. This agreement shall be submitted to the present National Convention, and in case it should not be ratified by it before the closing of its present session, then it shall be considered null and void. Valencia, January the fourteenth, of eighteen hundred and fiftv-nine. E. A. TUEPIN. LUIS SANOJO. The National Convention having seen the foregoing agreement con- cluded on the fourteenth of January last past between the Secretary of Foreign Eelations of the Eepublic and the Minister Eesident of the United States, Resolves, To give its approval to the convention aforesaid with the suppression, in article 3d, of the second part, which is as follows: "Abandoning to the Eepublic of Venezuela whatever rights might per- tain to them," (rights to Aves Island;) and with the provision that the interest stipulated in article 2d shall always be simple interest, which shall only be paid successively,' en the unpaid principal. Done at Valencia in the Hall of Sessions of the National Convention,. February first, one thousand eight hundred and fifty-nine. The President, F. TOEO. The Secretary, E. EAMIEEZ. Valencia, February 3, 1859. Let it be executed. J. CASTEO. By His Excellency. The Secretary of State in the Department of Foreign Relations, LUIS SANOJO. ' A copy. The Assistant Secretary of Foreign Relations, E. VALENZUELA. [l. S.j VENEZUELA, 1860. 885 VENEZUELA, 1860. TEEATY OF AMITY, COMMERCE, NAVIGATION, AND FOR SURRENDER OF FUGITIVE CRIMINALS, BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF VENEZUELA. CONCLUDED AT CARACAS, AUGUST 27, 1860; RATIFICATIONS EXCHANGED AUGUST 9, 1861; PRO- CLAIMED SEPTEMBER 25, 1861. The United States of America and the Kepublic of Venezuela, equally animated with the desire of maintainin g the cordial relations, Contract . n artiea and of tightening, if possible, the bonds of friendship be- tween the two countries, as well as to augment, by all the means at their disposal, the commercial intercourse of their respective citizens, have mutually resolved to conclude a general convention of amity, commerce, and navigation, and for the surrender of fugitive criminals. For this purpose, they have appointed as their Plenipotentiaries, to wit : The President of the United States, Edward A- Turpin, Minister Besident near the Government of Venezuela ; and the President of Ven- ezuela, Pedro de las Casas, Secretary of State in the Department ol Foreign Eelations ; Who, after a communication of their respective full powers, have agreed to the following articles : * Article I. It is the intention of the high contracting parties that there shall con- tinue to be a firm, inviolable, and universal peace, and a true and sincere friendship between the Republics of the Peac0I "" ]fr ' e,,d3llip - United States of America and Venezuela, and between their respective countries, territories, cities, towns, and people, without exception of persons or places. If, unfortunately, the two nations should become involved in war, one with the other, the term of six months after the declaration thereof shall be allowed to the mer- I "^ s " f »« chants and other citizens and inhabitants respectively, on each side, during which time they shall be at liberty to withdraw themselves, with their effects and movables ; which they shall have the right to carry away, send away, or sell, as they please, without the least obstruction ; nor shall their effects, much less their persons, be seized during such term of six months ; on the contrary, passports shall be valid for a term necessary for their return, and shall be given to them for their vessels and the effects which they may wish to carry pm»p°«> with them or send away, and such passports shall be a safe conduct against the insults and captures, which privateers may attempt against their persons and effects, and the money, debts, shares in the public funds, or in banks, or any other property, personal or real, belonging to the citizens of the one party in the territories of the other shall not be confiscated or sequestrated. Article II. The citizens of each of the high contracting parties, residing or es- tablished in the territory of the other, shall be exempt from Militery , em( . e all compulsory military service by sea or by land, and from 1 ° a " 8 ' ic - all forced loans or military exactions or requisitions ; nor shall they be compelled to pay any contributions whatever higher or other than those that are or may be paid by native citizens. 886 • TREATIES AND CONVENTIONS. Article III. The citizens of the contracting parties shall be permitted to enter,. Right to reS id e , sojourn, settle, and reside in all parts- of said territories, transit bus™.,., &£. an( j gyg^ as ma y w j g ] 1 £ en g a g e j n business shall have the right to hire and occupy warehouses, provided they submit to the laws, as well general as special, relative to the rights of travelling, residing,, or trading. While they conform to the laws and regulations in force, they shall be at liberty to manage themselves their own business, sub- ject to the jurisdiction of either party, as well in respect to the consign- ment and sale of their goods by wholesale or retail, as with respect to the loading, unloading, and sending off their ships. They may also em- Rieht to employ ploy such agents or brokers as they may deem proper, and agent., tc. shall in all these cases be treated as the citizens of the country wherein they reside ; it being, nevertheless, distinctly under- stood that they shall be subject to'such laws and regulations also in respect to wholesale or retail. They shall have free access to the tribu- to have access to nals of justice, in cases to which they may be a party, on iudiciai tribunals., -jjjg same terms which are granted by the laws and usage of the country to native citizens ; for which purpose they may employ in de- fense of their interests and rights such advocates, attorneys, and other agents as they may think proper. Article IV. The citizens of each of the high contracting parties, residing in the Liberty of con- o.ther, shall enjoy the most perfect liberty of conscience.. «ience, &,c. They shall be subjected to no inconveniences whatever on account of their religious belief ; nor shall they in any manner be an- noyed or disturbed in the exercise of their religious worship in private houses, or in the chapels and places which they may select tor that pur- pose, provided that,, in so doing, they observe the decorum due to the laws, usages, and customs of the country. It is likewise agreed that the citizens of the one country, dying in the territory of the other, may be interred either in the ordinary cemeteries, or in such others as may be selected for that purpose by their own Government, or by their personal friends or, representatives, with the consent of the local authorities. All such cemeteries, aud funeral pro- cessions going to or returning from them, shall be protected from vio- lation or disturbance. Article V. The citizens of each of the high contracting parties, within the juris- diction of the other, shall have power to dispose of their rer.onai property. p ersona i property by sale, donation, testament, or other- wise ; and their personal representatives being citizens of the other con- tracting party, shall succeed to their personal property, whether by testament or ab intestato. They may take pos- session thereof, either by themselves, or by others acting for them, at their pleasure, and dispose of the same, paying such duty only as the citizens of the country wherein the said personal property is situated shall be subject to pay in like cases. In the absence of a personal rep- resentative, the same care shall be taken of the property as by law would be taken of the property of a native in a similar case, whilst the lawful owner may take measures for securing it. .If a question should arise among claimants as to the rightful ownership of the property, the VENEZUELA, 1860. 887 same shall be [finally] decided by the judicial tribunals of the country in which it is situated. "When, on the decease of any person holding real estate within the territory of one party, such.real estate would by the law of Keille8 tate the land, descend on a citizen of the other, were he not dis- qualified by alienage, the longest term which the laws of the country in which it is situated will permit shall be accorded to him to to dispose of the same; nor shall he be subjected, in doing so, to higher or other dues than if he were a citizen of the country wherein such real estate is situated. Article VI. The high contracting, parties hereby agree that whatever kind of pro- duce, manufactures, or merchandize,' of any foreign country, im can be from time to time lawfully imported into the United States, in their own vessels, may also be imported in the vessels of Ven- ezuela, and no higher or other duties «upon the tonnage or cargo of the vessels shall be levied or collected, whether the importation be made in a vessel under the flag of the United States or a vessel under the flag of Venezuela. And, reciprocally, whatever kind of produce, manufac- tures, or merchandize, of any foreign country, can be from time to time lawfully imported into Venezuela, in her own vessels, may also be im- ported in vessels of the United States ; and no higher or other duties upon the tonnage or cargo of the vessel shall be levied or collected, whether the importation be made in a vessel under the flag of Venezuela or under the flag of the United States. Whatever can be lawfully exported or re-exported by one party, in its own vessels, to any foreign country, may in like manner be exported or reexported in the vessels of the other ; and the same duties, bounties, and drawbacks shall be collected and allowed, whether such exportation or re-exportation be made in vessels of the one or the other. Nor shall higher or other charges of any kind be imposed in the ports of one party on vessels of the other than are or shall be payable in the same ports by national vessels. Article VII. The preceding article is not applicable to the coasting trade of the contracting parties, which is respectively reserved by each Coasting trade „, exclusively for its own citizens. But vessels of either coun- K "' d l ° citize,ls - try shall be allowed to discharge a part of their cargo[e]s at one port, and proceed to any. other port or ports in the territories of the other to discharge the remainder, without paying higher or other port charges or tonnage dues than would be paid by national vessels in such cases, so long as this liberty shall be conceded to any foreign vessels by the laws of both countries. Article VIII. For the better understanding of the preceding stipulations, it has been agreed that every vessel .belonging exclusively to a citizen mtioml clwacter or citizens of Venezuela, and whose captain is also a citizen of ve3se,s ' of the same, such vessel having also complied with all the other requi- sites established by law to acquire such national character, though the construction and crew are or may be foreign, shall be considered, for all the objects of this treaty, as a Venezuelan vessel. 888 TREATIES AND CONVENTIONS. Article IX. No higher or other duty shall be imposed on the importation into the United States of any article the growth, produce, or manu- facture of Venezuela, or of her fisheries, and no higher or other duty shall be imposed on the importation into Venezuela of any article the growth, produce, or manufacture of the United States or their fisheries, than are or shall be payable on the like articles the growth, produce, or manufacture of any other foreign country or its fisheries. No other or higher duties or charges shall be imposed in the United States on the exportation of any article to Venezuela, nor in Venezuela on the exportation of any article to the United States, than such as are or shall be payable on the exportation of the like article to any other foreign country. No prohibition shall be imposed on the importation of any article the growth, produce, or manufacture of the United States or their fisheries, or of Venezuela and her fisheries, from or to the ports of the United States or Venezuela, which shall not equally ex- ppmiege. or most tend to every other foreign country. If, however, either party faired Mion. shall hereafter grant to any other nation any particular favour in navigation or commerce, it shall immediately become common to the other party, freely, where it shall be freely granted to such other nation, or for the same equivalent, when the grant shall be conditional. Article X. Should one of the high contracting parties hereafter impose discrimi- DiKriminsting du- nating duties upon the products of any other nation, the , ""'- other party shall be at liberty to determine the manner of establishing the origin of its own products intended to enter the country by which the discriminating duties are imposed. Article XI. • When any vessel of either party shall be wrecked, stranded, or other- wrecked, *c, v es - wise damaged on the coasts or within the jurisdiction of the Bds - other, their respective citizens shall receive, as well for them- selves as for their vessels and effects, the same assistance which would be due to the inhabitants of the country where the accident happened; and they shall be liable to pay the same charges and dues of salvage as the said inhabitants would be liable to pay in a like case. . If the repairs which a stranded vessel may require shall render it necessary that the whole or any part of her cargo should be unloaded, no duties of custom, charges, or fees on such cargo as may be carried away shall be paid, except such as are payable in like case by national vessels. It is understood, nevertheless, that if, while the vessel is under repair, •the cargo shall be unladen and kept in a place of deposit destined for the reception of goods, the duties on which have not been paid, the cargo shall be liable to the charges and fees lawfully due to the keepers of such warehouses. Article XII. It shall be lawful for the citizens of either country to sail with their ships and merchandize (contraband goods always excepted) from any port whatever to any port of the enemy of the VENEZUELA, 1860. 889 other, and to sail and trade with their ships and merchandize, with per- fect security and liberty, from the countries, ports, and places of those who are enemies of either party, without any opposition or disturbance whatsoever, and to pass not only directly from the places and ports of the enemy aforementioned to neutral ports and places, but also from, one place belonging to an enemy to another place belonging to an enemy, whether they be or be not under the jurisdiction of the same Power, unless such ports or places be effectively blockaded, besieged, or invested. And Avhereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same B i ocfca d e is either besieged, blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place, but she shall not be detained, norany part of her cargo (if not contraband) be confiscated, unless, after notice of such KotjM blockade or investment, she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper, provided the same be nofblockaded, besieged, or invested. 2sTor shall any vessel of either of the parties that may have Ei8httoIea , e entered into such port or place before the same was actually besieged, blockaded, or invested by the other, be restrained from quit- ting such place with her cargo ; nor, if found therein after the reduction and surrender of such place, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. Article XIH. In order to regulate what shall be deemed contraband of war, there shall be comprised under that denomination gunpowder, , , , , -, . i lilt i 1 Contraband of war. saltpetre, petards, matches, balls, bombs, grenades, carcasses, pikes, halberds/swords, belts, pistols, holsters, cavalry saddles and fur- niture, cannons, mortars, their carriages and beds, and generally all kinds of arms, ammunition of war, and instruments fit for the use of troops. All the above articles, whenever they are destined to the port of an enemy, are hereby declared to be contraband, and just objects of confiscation ; but the vessel in which they are laden, and the residue of the cargo, shall be considered free, and not in any manner infected by the prohibited goods, whether belonging to the same or a different owner. Article XIV. It is hereby stipulated that free ships shall give a freedom to goods, and that everything shall be deemed free and exempt which Free rhim make shall be found on board the ships belonging to the citizens free BOOi "- of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either, contraband goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons who are on board a free ship, with this effect, that, although they be enemies to either party, they are not to be taken out of that free ship unless they are sol- diers and in actual service of the enemy. Article XV. In time of war the merchant- ships belonging to the citizens of either of the contracting parties which shall be bound to a port of Merchant &■„ on the enemy of one of. the parties, and concerning whose voy- "■"'wi'""- 890 TREATIES AND CONVENTIONS. age and the articles of their cargo there shall be just grounds of suspi- cion, shall he obliged to exhibit, as well upon the high seas as in the ports or roads, not only their passports, but likewise their certificates, showing that their goods are not of the quality of those which are speci- fied to be contraband in the thirteenth article of the present convention. Article XVI. And that captures on light suspicions may be avoided, and injuries thence arising prevented, it is agreed that, when one party shall be engaged in war, and the other party be neutral, the ships of the neutral party shall be furnished with passports, that it may appear thereby that the ships really belong to the citizens of the neu- tral party; they shall be valid for any number of voyages, but shall be renewed every year — that is, if the ship happens to return home in the space of a year. If the ships are laden, they shall be provided, not only with the passports above mentioned, but also with certificates, so that it may be known whether they carry any contraband goods. Kb other ho otter paper r=- paper shall be required, any usage or ordinance to the con-_ quired. trary notwithstanding. And if it shall not appear from the ' said certificates that there are contraband goods on board, the ships shall be permitted to proceed on their voyage. If it shall appear from the certificates that there are contraband goods on board any such ship, and the commander of the same shall offer to deliver them up, the offer shall be accepted, and a receipt for the same shall be given, and the ship shall be at liberty to pursue its voyage, unless the quantity of the contraband goods be greater than can conve- niently be received on board the ship of war or privateer; in which case, as in all other cases of just detention, the ship shall be carried into the nearest safe and convenient port for the delivery of the same. If any ship shall not be furnished with such passport or certificates as u there are no are above required for the same, such case may be exam- passporta. j ne( j jjy a p r0 p er judge or tribunal ; and if it shall appear from other documents or proofs, admissible by the usage of nations, that the ship belongs to the citizens or subjects of the neutral party, it shall not be confiscated, but shall be released with her cargo, (contra- band goods excepted,) and be permitted to proceed on her voyage. If the master of a ship, named in. the passport, should happen to die, ir m a.ter of .hi P or 'be removed by any other cause, and another put in his die3 - place, the ship and cargo shall, nevertheless, be equally secure, and the passport remain in full force. Article XVII. If the ships of the citizens of either of the parties shall be met with on the high seas by any ship of war or privateer of the other, veSrbf'Sips of for the avoiding of any disorder the said ships of war or privateers shall remain out of cacnon-shot, and may send their boats on board the merchant-ship which they shall so meet with, and may enter her to the number of two or three men only, to whom the master or commander of such ship shall exhibit his passport con- cerning the property of the ship ; and it is expressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his papers, or for any other exami- nation whatever. VENEZUELA, 1860. 891 Article XVIII. It is expressly agreed by the high contracting parties that the stipula- tions above mentioned, relative to the conduct to be observed ^ ^.^ w . th on the sea by the cruisers of the belligerent party towards convoy ™t to be the ships of the neutral party, shall be applicable only to "" ships sailing without convoy, and when the said ships shall be convoyed, it being the intention of the parties to observe all the regards due to the protection of the flag displayed by public ships, it shall not be law- ful to visit them : but the verbal declaration of the commander of the convoy that the ships he convoys belong to the nation whose flag he carries, and that they have no contraband goods on board, shall be con- sidered by the respective cruisers as fully sufficient ; the two parties reciprocally engaging not to admit under the protection of their convoys ships which shall have on board contraband goods destined to an enemy. Article XIX. In all cases where vessels shall be captured, or detained to be carried into port, under pretence of carrying to the enemy contra- Dl , ty in case 0l band goods, the captor shall give a receipt for such of the "" - VM8els - papers of the vessel as he shall retain, which receipt shall be annexed to a copy of the said papers ; and it shall be unlawful to break up or open the hatches, chests, trunks, casks, bales or vessels found on board r or remove the smallest part of the goods, unless the lading be brought on shore in presence of the competent officers, and an inventory be made by them of the same. Nor shall it be lawful to sell, exchange, or alien- ate the said articles of contraband in any manner, unless there shall have been lawful process, and the competent judge or judges shall have pronounced against such goods sentence of confiscation. Article XX. And in such time of war, that proper care may be taken of the vessel and cargo, and embezzlement prevented, it is agreed that it. shall not be lawful to remove the master, commander, or tuSh^'i toTe supercargo of any captured ship from on board thereof, during the time the ship may be at sea after her capture, or pending the proceedings against her or her cargo, or anything relating thereto ; and in all cases where a vessel of the citizens of either party shall be captured or seized and held for adjudication, her officers, passengers, and crew shall be hospitably treated ; they shall not be im- prisoned or deprived of any part of their wearing apparel, CiewandPMee '" !ei '"- nor of the possession and use of their money, not exceeding for the cap- tain, supercargo, and mate five hundred dollars each, and for the sailors and passengers one hundred dollars each. Article XXI. It is further agreed that in all cases the established courts for prize causes in the country to which the prizes may be conducted Court , for prize shall alone take cognizance of them ; and whenever such causea - tribunal of either of the parties shall pronounce judgment against any vessel or goods or property claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives on which the same shall have been founded; and an an- 892 treaties' and conventions. thenticated copy of the sentence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of the said vessel without any delay, he paying the legal fees for the 'same. Article XXII. And that more abundant care may be taken for the security of the com™«nders of citizens of the contracting parties, and to prevent their SivLers^e.poMi! suffering injuries, all commanders of ships of war and pri- we &, d™a 8 es. yateers, and all others, the said citizens, shall forbear doing any damage to those of the other party, or committing any outrage against them; and, if they act to the contrary, they shall be punished, and shall also be bound, in their persons and estates, to make satisfac- tion and reparation for all damages, and the interest thereof, of whaterer nature the said damages may be. For this cause, all commanders of privateers, before they receive their commissions, shall hereafter be obliged to give, before a Commanders of . . . -i m . , • > i i -t i l privateer, to give competent judge, sufficient security by at least two respon- sible sureties who have no interest in the said privateer, each of whom, together with the said commander, shall be jointly and severally bound in the sum of seven thousand dollars, or of nine thou- sand four hundred dollars Venezuelan currency, or if said ship be pro- vided with above one hundred and fifty seamen or soldiers, in the sum of fourteen thousand dollars, or eighteen thousand eight hundred dol- lars Venezuelan currency, to satisfy all damages and injuries which the said privateer, or her officers or men, or any of them, may do or commit during her cruise contrary to the tenor of this convention, or to the laws and instructions for regulating their conduct; and, further, that in all cases of aggressions said commission shall be revoked and annulled. Aeticle XXIII. When the ships of war of the two contracting parties, or those Fr^es &c belonging to their citizens which are armed in war, shall be admitted to enter with their prizes the ports of either of "the two parties, the said public or private ships, as well as their prizes, shall not be obliged to pay any duty, either to the officers of the place, uot to be arrested the judges, or any others; nor shall such prizes, when they come to and enter the ports of either party, be arrested or seized; nor shall the officers of the place make examination concerning the lawfulness of such prizes, but they may hoist sail at any time and depart, and carry their prizes to the places expressed in their commis- sions, which the commanders of such ships of war shall be obliged to show. It is understood, however, that the privileges con- ferred by this article shall not extend beyond those allowed by law, or by treaty with the most favored nations. Article XXIV. It shall not be lawful for any foreign privateers who have commis- sions from any Prince or State in enmity with either nation Enerme.- pnvauera. to ^ ^ ne j r gjjjpg { n the ports of either,' to sell their prizes, or in any manner to exchange them; neither shall they be allowed to purchase provisions, except such as shall be necessary to their going to the next port of that Prince or State from which they have received their commissions. Venezuela; i860. 89$ Article XXV. No citizen of Venezuela shall apply for or take any commission or letters of marque for arming any ship or ships to act as pri- CitiMM of „»„ vateers against the said United States, or any of them, or roPSa'tl against the citizens, people, or inhabitants of the said United agraMt th0 ° ,h6r - States, or any of them, or against the property of any of the inhabitants- of any of them, from any Prince or State with which the said United States shall be at war ; nor shall any citizen or inhabitant of the said United States, or any of them, apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the citizens or inhabitants of Venezuela, or any of them, or the property of any of them, from any Prince or State with which the said Eepublic shall be at war; and if any person of either nation shall take such commissions or letters of marque, he shall be punished according to their respective laws. Article XXVI. The high contracting parties grant to each other the liberty of having in the ports of the other Consuls or Vice-Consuls of their Comul3 and v , c „. own appointment, who shall enjoy the same privileges and Co " sulb - powers as those of the most favoured nation; but if any of the said Consuls or Vice-Consuls shall carry on trade, they shall be subjected to the same laws and usages to which private individuals of their nation are subjected in the same place. It is understood that whenever either of the two contracting parties shall select a citizen of the other for a Consular Agent, to when „,„,„,„ reside in any ports or commercial places of the latter, such «»«''»•<»'«»• Consul or Agent shall continue to be regarded, notwithstanding his quality of a foreign Consul, as a citizen of the nation to which he belongs, and consequently shall be subject to the laws and regulations to which natives are subjected in the place of his residence. This obligation, however, shall in ho respect embarrass the exercise of his consular functions or affect the inviolability of the consular archives. The said Consuls and Vice-Consuls shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the masters and crews of the vessels belonging to coiSW l lV the nation whose interests are committed to their charge, bl without the interference of the local authorities, unless their assistance should be required, or the conduct of the crews or of the captain should disturb the order or tranquillity of the country. It is, however, under- stood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their own country. The said Consuls and Vice-Consuls are authorized to require the assistance of the local authorities for the arrest and im- To „ rest deaert . prisonment of the deserters from the ships of war and mer- "»■ &c - chant- vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall in writing demand such deserters, proving, by the exhibition of the registers of the vessels, the muster-rolls of the crews, or by any other official documents, that such individuals formed part of the crews; and on this claim being substantiated, the surrender shall not be refused." Such deserters, when arrested, shall be placed at the disposal of the Consuls and Vice-Consuls, and may be confined in the public prisons at the request and cost of those who shall claim them, in order to be tice. 894 TREATIES AND CONVENTIONS. sent to the vessels to wliich they belong, or to others of the same coun- try. But if not sent back within three months of the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause. However, if the deserter shall be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which his case shall be pending shall have pronounced its sentence and such sentence shall have been carried into effect. Article XXVII. The United States of America and the Eepublic of Venezuela, on Fusit,v« B from ju>- requisitions made in their name through the medium of their respective Diplomatic and Consular Agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum or shall be found within the territories Of the other : Provided, That this shall be done only when the fact of the commission of the crime shall be so established as to justify their apprehension and commitment for trial, if the crime had been committed in the country where the persons so accused shall be found ; in all of which the tribunals of said country shall proceed and decide according to their own laws. Article XXVIII. Persons shall be delivered up, according to the provisions of this con- cri mea for which vention, who shall be charged with any of the following onrreBder is allowed. cr i mes? to wit : murder, (including assassination, parricide, infanticide, and poisoning;) attempt to commit murder; rape; forgery; the counterfeiting of money; arson; robbery with violence, intinrida-' tion, or forcible entry of an inhabited house; piracy; embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. Article XXIX. On the part of each country the surrender shall be made only by the EKonth-e alone to authority of the Executive thereof. The expenses of deten- surrenjer, &c. t j 0Q an( j deli very, effected in virtue of the preceding arti- Expense., & c . cles, shall be at the cost of the party making the demand. Article XXX. The provisions of the aforegoing articles relating to the surrender of Not to apply to fugitive criminals shall not apply to offences committed be- poi.ticai offence* f ore ^he date hereof, nor to those of a political character. Article XXXI. This convention is concluded for the term of eight years, dating from convention to eo„- the exchange of the ratifications ; and if one year before the t,n„e ei 8 i,t ,ear„. expiration of that period neither of the contracting parties shall have announced, by an official notification, its intention to the other to arrest the operations of said convention, it shall continue binding for twelve months longer, and so on, from year to year, until the expiration of the twelve months which will follow a similar declaration, whatever the time at which it may take place. Notice to terminate. 895 ARTICLE XXXII. This convention shall be submitted on both sides to the approval and ratification of the respective competent authorities of each R , tifirali0M . of the contracting parties, and the ratifications shall be ex> changed at Caracas as soon as circumstances shall admit. In faith whereof the respective Plenipotentiaries have signed the aforegoing articles, in the English and Spanish languages, signature . and they have hereunto affixed their seals. Done in duplicate, at the city of Caracas, this twenty-seventh day of August, in the year of our Lord one thousand eight hundred Date and sixty. E. A. TUEPUST. [L. s. PEDEO DE LAS CASAS. II. s. VENEZUELA, 1S6G. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE RE- PUBLIC OF VENEZUELA. CONCLUDED AT CARACAS APRIL 25, 1866; RAT- IFICATIONS EXCHANGED APRIL 17, 1867; PROCLAIMED MAY 29, 1867. The conclusion of a convention similar to those entered into with other republics, and by which the pending American claims upon Vene- zuela might be referred for decision to a mixed commission and an umpire, having been proposed to the Venezuelan Government on behalf of the United States of America, as a means of examining and justly terminating such claims; and it having been thought that the adoption of the contemplated course will secrare at least some of the advantages attending arbitration, so strongly recommended in article the 112th of the Eederal Constitution of Venezuela, while it will preserve unimpaired, as reciprocally desired, the good understanding of both nations : The Citizen First Vice-President in charge of the Presidency has accepted the above proposal, and authorized the Minister for Foreign Ee- lations to negotiate and sign the proper convention. There- ' upon said Minister and Mr. E. D. Culver, Minister Eesident of the United States of America, also duly empowered for that purpose, have agreed upon the following articles of convention : Article I. All claims on the part of corporations, companies, or individuals, citi- zens of the United States, upon the Government of Venezuela, Claims upon Vene . which may have been presented to their Government, or to 2uela - its legation in Caracas, shall be submitted for examination and decision to a mixed commission, consisting of two members, one of commissioners, whom shall be appointed by the Government of the United how wo'""* States, and the other by that of Venezuela. In case of death, absence, resignation, or incapacity of either of the Commissioners, or in the event of either of them omitting or ceasing to act, the Gov- Vlu . ancieSi &c ., how ernment of the United States or that of Venezuela, respect- fiIlei ively, or the Minister of the United States in Caracas, by authority of his Government, shall forthwith proceed to fill the vacancy. 896 TREATIES AND CONVENTIONS. Commissioners to The Commissioners so named shall meet in the city of m^"e"t,""wh"n"ln'd Caracas within four months from the exchange of the rati- fications of this convention ; and, before proceeding to busi- ness, they shall make solemn oath that they will carefully examine and impartially decide according to justice, and in compliance with the provisions of this convention, all claims submitted to them, and such oath shall be entered on the record of their pro-* ceedings. The Commissioners shall then proceed to appoint an Umpire to decide „ , „ , upon any case or cases concerning which they may disagree. To select an Umpire. A •> .,,,.« ,? , • • "li ' or upon any point of difference tbat may arise in the course Um ie of their proceedings. And if they cannot agree in the selection, the Umpire shall be named by the Diplomatic Representative either of Switzerland or of Eussia, in Washington, on the previous invitation of the high contracting parties. Article II. So soon as the Umpire shall have been appointed, the Commissioners comm, SS io„e™ to shall proceed, without delay, to examine the claims which ermine claims. ma y jjg presented to them under this convention; and they shall, if required, hear one person in behalf of each Government on every papers and docu- separate claim. Each Government shall furnish, on request mems. - f either Commissioner, all such documents and papers in its possession, as may be deemed important to the just determination of any claim. In cases where they agree to award an indemnity, they shall determine Award of indem- the amount to be paid, and issue certificates of the same. nitvand certificates. j n cases ^hen the Commissioners cannot agree, the points of commoners" s Vo f difference shall be referred to the Umpire, before whom not agree. each of the Commissioners may be heard, and whose decision shall be final. The Commissioners shall make such decision as they shall deem, in Decision of the reference to such claims, conformable to justice, even though commissioners. such decisions amount to an absolute denial of illegal pre- tensions, since the including of any such in this convention is not to be understood as working any prejudice in favor of any one, either as to principles of right or matters of fact. Article III. The Commissioners shall issue certificates of the sums to be paid to the claimants, respectively, by virtue of their decisions or to be°Ta'id ?o v 7»e those of the Umpire, and the aggregate amount of all sums United States in ten i -i i j.i /-i ■ • i n -n • ~ eqnai annual par- awarded by the Commissioners, and of all sums accruing from awards made by the Umpire, shall be paid to the Gov- ernment of the United States. Payments of said sums shall be made in equal annual payments, to be completed within ten years from the date of the termination of the labors of the commission; the first- payment to be made six months from same date. Semi- imerest. annual interest shall be paid on the several sums awarded, at a rate of five per cent, per annum from the date of the termination of the labors of the commission. VENEZUELA, 1866. 897 ARTICLE IV. The commission shall terminate its labors in twelve months from the date of its organization, except that thirty days' extension commiMioa, «-i..r, may be given to issue certificates, if necessary, on the deci- to terminate tabor.. sions of the Umpire in the case referred to in the following m £° c ". d " of """' article. They shall keep a record of their proceedings, and Secre tar r . may appoint a secretary. Article V. The decisions of this commission and those (in case there may be any) of the Umpire, shall be final and conclusive as to all pending D? <.i Bion! of cora . claims at the date of their installation. Claims which shall Z°eZ\ltJ,£™~ not be presented within the twelve months herein prescribed will be disregarded by both Governments, and considered K "^l b rLS invalid. '" valid - In the event that, upon the termination of the labors of said commis- sion, there should remain pending one or more cases before Ca , e , p?n6illB b ,. the Umpire awaiting his ■ decision, the said Umpire is au- 'Zm-^S' £ ai thorized to make his decision and transmit same to the <""»"» ssi °°- Commissioners, who shall issue their certificates thereupon and commu- nicate [them] to each Government, which shall be held binding and con- clusive ; provided, however, that his decision shall be given within thirty days from the termination of the labors of the commission, and after the expiration of the said thirty days any decision made shall be void and of no effect. Article VI. Each Government shall pay its own Commissioner, and shall pay one- half of what may [be] due the Umpire and secretary, and Pay a „ d exveme9 one-half the incidental expenses of the commission. ° r ™° ,mis » i °'>- Article VII. The present convention shall be ratified, and the ratifications exchanged, so soon as may be practicable, in the city of Caracas. R. ti „«tio m » b. exchanged. In testimony whereof the Plenipotentiaries have signed this conven- tion, and hereunto affixed the seals of the Ministry of Foreign Relations of the United States of Venezuela, and of the s ' e " oUre ' Legation of the United States of America, in Caracas, this twenty-fifth day of April, in the year one thousand eight hundred and sixty-six. The Minister Resident of the United States of America, E. D. CULVER. [L. S.] The Minister of Foreign Relations of the United States of Venezuela, RAFAEL SEIJAS. [L. S.] 57 WURTTEMBERG. WUETTEMBERG, 1844. CONVENTION FOE ABOLITION OF DROIT D'AUBAINE AND TAXES ON EMI- GRATION. Concluded April 10, 1844. — Ratification advised by Senate June 12, 1844. — Ratified by President June 24, 1844. — Ratifications exchanged at Berlin October 3, 1844. — Proclaimed December 16, 1844. The United States of America and His Majesty the King of Wtirt- temberg having resolved, for the advantage of their respective citizens and subjects^ to conclude a convention for the mutual abolition of the droit d'aubaine and taxes on emigration, have named for this purpose their respective Plenipotentiaries, namely : The President of the United States of America has conferred full powers on Henry Wheaton, their Envoy Extraordinary and Minister Plenipotentiary at the Eoyal Court of Prussia ; and His Majesty the King of Wurttemberg, upon Baron de Maucler, his Captain of the Staff and Charge" d' Affaires at the said court; who, after having exchanged their said full powers, found in due and proper form, have agreed to and signed the following articles: Article I. Every kind of droit d'aubaine, droit de retraite, and droit de d^trac- D™it d',»baine, tion or tax on emigration, is hereby and shall remain &c, abolished. abolished, between the two contracting parties, their States, citizens, and subjects respectively. Article II. Where, on the death of any person holding real property within the Heita to real prop- territories of one party, such real property would by the erty - laws of the land descend on a citizen or subject of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a term of two years to sell the same, which term may be reasonably prolonged according to circumstances, and to withdraw the proceeds thereof without molestation, and exempt from all duties of detraction. Article III. The citizens or subjects of each of the contracting parties shall have Duties „„ disi)0 „ al power to dispose of their personal property within the States or personal property. f ^ e other, by testament, donation, or otherwise, and their heirs, legatees, and donees, being citizens or subjects of the other con- tracting party, shall succe[e]d to their said personal property, and may take possession thereof, either by themselves, or by others acting for WURTTEMBERG, 1853. 899 them, and dispose of the same at their pleasure, paying such duties only as the inhabitants of the country where the said property lies shall be liable to pay in like cases. Article IV. In case of the absence of the heirs, the same care shall be taken pro- visionally of such real' or personal property as would be p r0 p er tj<,f absent taken in a like case of property belonging to the natives of heir8 - the country, until the lawful owner, or the person who has a right to sell the same according to article 2, may take measures to receive or dispose of the inheritance. Article V. If any dispute should arise between different claimants to the same inheritance, they shall be decided, in the last resort, accord- D i„„ute» to be &■ ing to the laws, and by the judges of the country where the f^, 1 ! by the local property 'is situated. Article VI. All the stipulations of the present convention shall be obligatory in respect to property already inherited or bequeathed, but Proper „ not „, not yet withdrawn from the country where the same is sit- wilhd """ ,n embraced. uated at the signature of this convention. v Article VII. This convention is concluded subject to the ratification of the Presi- dent of the United States of America, by and with the ad- convention bum** vice and consent of their Senate, and of His Majesty the t0 " titorti °">. Sc - King of Wurttemberg, and the ratifications thereof shall be exchanged at Berlin, within the term of twelve months from the date of the signa- ture hereof, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the above articles, as well in English as in German, and have thereto affixed their seals. Done in triplicata, in the city of Berlin, on the tenth day of April, one thousand eight hundred and forty-four, in the sixty-eighth year of the Independence of the United States of America, and the twenty- eighth of the reign of His Majesty the King of Wiirttemberg. HENEY WHEATOK l. s.] FEEIHEEE VON MAUCLEE. L. s.l WUETTEMBEEG, 1853. DECLARATION OF ACCESSION -TO CONVENTION OF JUNE 16, 1852, BE- TWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION, FOR EXTRADITION OF CRIMINALS. Dated October 13, 1853.— Proclaimed December 27, 1853. [On the 13th of October, 1853, the Government of His Majesty the King of Wurttemberg formally declared its accession to the convention 900 TREATIES AND CONVENTIONS. of the 16th of June, 1852, between the United States and Prussia and other States of the Germanic Confederation, for the mutual delivery of criminals fugitives from justice in certain cases.] WURTTEMBERG, 1868. CONVENTION RELATIVE TO NATURALIZATION AND FOR EXTRADITION OF CRIMINALS. • ■ Concluded July 27, 1868. — Ratification advised by Senate April 12, 1869. — Ratified by Brest* dent April 18, 1869. — Ratifications exchanged at Stuttgart August 17, 1869. — Exchange of ratifications consented to by Senate March 2, 1870. — Proclaimed March 7, 1870. The President of the United States of America and His Majesty the King of Wiirttemberg, led by the wish to regulate the citi- zenship of those persons who emigrate from the United States of America to Wiirttemberg, and from Wiirttemberg to the ter- ritory of the United States of America, have resolved to treat on this subject, and have for that purpose appointed Plenipotentiaries to con- clude a convention, that is to say : The President of the United States of America, George Bancroft, Envoy Extraordinary and Minister Plen- ipotentiary, and His Majesty the King of Wiirttemberg, his Minister of the Royal House and of Foreign Affairs, Charles Baron Varnbiiler ; who have agreed to and signed the following articles : Article I. Citizens of Wiirttemberg, who have become or shall become natural- wiien c,t™n. of ized citizens of the United States of America, and shall llireZS AmeS have resided uninterruptedly within the United States five M n ctizene. years, shall be held by Wiirttemberg to be American citizens, and shall be treated as such. Reciprocally, citizens of the United States when Americana of America who have become or shall become naturalized "uze°s b of"vumem. citizens of Wiirttemberg, and shall have resided uninter- berg. ruptedly within Wiirttemberg five years, shall be held by the United States to be citizens of -Wiirttemberg, and shall be treated as such. The declaration of an intention to become a citi- tenSS™ e!!e°t zen of the one or the other country has not for either party natation. the effect of naturalization. Article II. A naturalized citizen of the one party on return to the territory of Naturalised eiu- the other party remains liable to trial and punishment for rfencLc°mmitte r dbl an action punishable by the laws of his original country, rorTemiUtion. an( j committed before his emigration; saving always the limitation established by the laws of his original country, or any other remission of liability to punishment. ARTICLE III. The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between Wiirttemberg E^dition. an d the United States the ^S^, , remains in force with- out change. WURTTEMBERG, 1868. 901 Article IV. If a Wtirttemberger, naturalized in America, renews his residence in Wiirttemberg without the intent to return to America, he shall be held to have renounced his naturalization in the «£m ^KmS United States. Eeciprocally, if an American naturalized in "" , " ginalc °'"* ,T Wiirttemberg renews his residence in the United States without the intent to return to "Wiirttemberg, he shall be held to have renounced his naturalization in Wiirttemberg. The intent w W rrtur™ l may°be not to return may be' held to exist when the person natural- ized in the one country resides more than two years in the other country. Article V. The present convention shall go into effect immediately on the ex- change of ratifications, and shall continue in force for ten years. If neither party shall have given to the other six t»?StoS!ll!d months' previous notice of its intention then to terminate 1 " wl °"<' toc °" ti "» <1 the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other of such intention. Article VI. The present convention shall be ratified by His Majesty the King of Wiirttemberg, with the consent of the Chambers of the convention »„en Kingdom, and by the President by and with the advice and t0 be ^atil " !d • consent of the Senate of the United States, and the ratifications shall be exchanged at Stuttgart as soon as possible, within twelve months from the date hereof. In faith whereof the Plenipotentiaries have signed and sealed this convention. Stuttgart, the 27 of July, 1868. [seal.] GEO. BANCEOPT. [SEAL.] FEEIHEEE VON VAEEBULEE. APPENDIX, CONTAINING THE TREATIES, CONTENTIONS, AND AGREEMENTS BETWEEN THE UNITED STATES AND OTHER POWERS, SINCE THE ALPHABETICAL AND CHRONOLOGICAL SERIES, AND PRIOR TO SEPT. L 1873; SUCH ANNEXES TO TREATIES AS WERE OMITTED IN THAT SERIES; ALSO, COEEECTIONS OF TYPOGRAPHICAL AND OTHER EREOES IN THAT SERIES. A-FPEISTDtX. ALGIERS. Page 17, in article XV, 5th line, strike out s from word " defense " and insert c instead. Page 18, seventh line from bottom, " from renewed treaty with Algiers,* " strike out asterisk ; strike out foot-note from this page. Page 19, fourth line from top, strike out B from word " Bashaw," and insert a capital P instead ; in article 1, 2d line, after word "perpetual" insert a comma; from articles III and IV strike out brackets ; in article VI, 3d line, after word " board" insert a space ; in 5th line, strike out s from word " pretense " and insert c instead. Page 20, in article VII, last line, strike out s from word " pretense " and insert o instead. Page 21, in article XV, 5th line, strike out s from word "defense" and insert c instead. Page 23, in article XIX, near end of 10th line, after words " or suits " strike out word " of" and insert word " at." ' Page 23, in article XXII, last line, strike out first e from word " hinde'rance " ; in concluding paragraph of treaty, 6th line, strike out "24th" and insert "twenty- fourth" and from word " negotiating" strike out the first t and insert a c instead ; in same paragraph, end of 8th line, after word " Algiers," strike out comma and insert a colon. ARGENTINE CONFEDERATION. Page 24, 2d line from " Argentine Confederation, 1853,* " strike out asterisk. In 2d line of preamble insert an s in word " Provisional"; in 8th line of same accent last a in word " Parana" ; in last line but one of same afterword "powers" insert a comma ; in article 1, 3d line, accent lasta in word "Parana" ; strike out foot-note from this page. Page 25, in article IV, 3d line, put a capital C instead of a small c to word " confedera- tion" ; in article VI, 4th line, accent last a in word "Parana " ; in article VII, last line but one, accent last a in word " Parana" ; in article VIII, 2d line, accent last a in word " Parana " ; in first signature take out apostrophe before the T in Rob't and insert period atter the T, so as to make it read " Eobt." Page 26, 1st line, from " Argentine Confed- eration, 1853,* " strike out the asterisk. In article II, 9th line, after the word " remain," strike out the word " or " and insert the word " and " instead ; strike out foot-note from this page. Page 27, in article III, last line but one, after word " gratuitous " strike out semicolon and insert a comma instead, and after word " or " strike out comma ; in article VII, last line but one, put words " bona fide " in roman type. Page 28, 6th line from top, take out em dash afterword " good" and insert semicolon instead ; in same article, 5th line from end, strike out s from word " defense " and insert c instead. Page 29, in article XII, 9th line, strike out s from word " offense " and insert c instead. Page 30, in last line before signatures strike out the word " and ;" in first signature strike out " Eobert" and insert " Robt." instead. AUSTRIA. Page 31, 2d line, from " Austria, 1829,*" strike out asterisk. Page 32, in article VI, 2d line, after words " articles of" insert word " of." Page 33, in article IX, 4tb line, after word "party" insert a comma. Page 34, 2d line from top, put words " ab intes- tato " in roman type. Page 35, 1st line, from " Austria,1848,*" strike out asterisk ; in preamble, 6th line, strike out "27th" and insert " twenty-seventh " instead ; and from 9th line of same strike out word " chosen " and insert word " named " instead ; strike out foot-note. Page 36, in article IV, 3d line from end, strike out s from word "offense" and insert c instead. Page 37, in last line but one before signatures, strike out "fourteenth" and insert "14th" instead; in 1st line of Treaty with Austria, of 1856, from " Austria, 1856 1" strike out dagger. In preamble, 10th line, after word ' States " insert a colon and change small t in word " therefore " to a capital T ; 14th 906 APPENDIX. line of same after word " convention " substitute a comma for the semicolon ; strike out second foot-note. Page 38, in article I, 6th line, after word " murder" insert a comma ; in same, 14th line, strike out s from word " offense " and insert c ; in same, last line but one, after word. " thereof" insert semicolon, and in same line strike out s from word " offense," and insert c instead ; in article IV, 2d line, strike out word " first," and insert-" 1st" instead ; and in 3d line strike out words "eighteen hundred and fifty- eight," and insert 1858 instead. At end of Page 46 insert the following : CONVENTION RELATIVE TO TRADE-MARKS. Concluded November 25, 1871 ; ratification advised by Senate January 18, 1872 ; ratified by President January 27, 1872; ratifications exchanged at Vienna April 22, 1872; proclaimed June 1, 1872. The United States of America and His Majesty the Emperor of Austria, King of contracting parties. Bohemia, &c, and Apostolic King of Hungary, desiring to secure in their respective territories a guarantee of property in trade-marks, have re- solved to conclude a special convention for this purpose, and have named as their Plenipotentiaries : The President of the United States of America, John Jay, their Envoy Extraordi- nary and Minister Plenipotentiary from the United States of America to His Imperial and Royal Apostolic Majesty ; and His Majesty the Emperor of Austria and Apostolic King of Hungary, the Count Julius Andrassy of Csik Szent Kiraly and Kraszna Horka, His Majesty's Privy Counsellor and Minister of the Imperial House and of Foreign Affairs, Grand Cross of the Order of St. Stephen, &c, &c, &c; Who have agreed to sign the following articles : Article I. Every reproduction of trade-marks which, in the countries or territories of the one Reproduction or °f the contracting parties, are affixed to certain merchandise to prove trade-marks used in its origin and quality, is forbidden in the countries or territories of the fo?bidde r n u "in y ' 'the' other of the contracting parties, and shall give to the injured party other country. ground for such action or proceedings to prevent such reproduction, and to recover damages for the same, as may be authorized by the laws of the country in which the counterfeit is proven, just as if the plaintiff were a citizen of that country. The exclusive right to nse a trade-mark for the benefit of citizens of the United Exclusive right to States in the Austro-Hungarian Empire, or of citizens of the Austro- to Se comTnue'Vorieer Hungarian Monarchy in the territory of the United States, cannot exist than, &.-. for a longer period than that fixed by the law of the country for its own citi- ir trade-mark has zens. If the trade-mark has become public property in the country of its e rS""it •haii'belreis or ig m > i* shall be equally free to all in the countries or territories of the o ail other of the two contracting parties. Article II. If the 'owners of trade-marks, residing in the countries or territories of the one of owners of trade- t ne contracting parties, wish to secure their rights in the countries or marks wishrne to 8 e- territories of the other of the contracting partieB, they must deposit t° re depo r »ft ,b S*M; duplicate copies of those marks in the Patent-Office at Washington, and •*"■ ' in the Chambers of Commerce and Trade in Vienna and Pesth. Article III. . ' The present arrangement shall take effect ninety days after the exchange of rati- when the arrange- fications, and shall continue in force for ten years from this date. rmThowlo'ng tocon- 1° case ne >th er °f th e bigli contracting parties gives notice of its in- tmue. teution to. discontinue this convention twelve months before its expira- tion, it shall remain in force one year from the time that either of the high contract- ing parties announces its discontinuance. Article IV. The ratifications of this present convention shall be exchanged at ■ Vienna within twelve months, or sooner if possible. Ratifications. j n f a ^h whereof the respective- Plenipotentiaries have signed the present convention as well in English as in German and Hungarian, and have affixed thereto their respective seals. Done at Vienna the twenty-fifth day of November, in the year of our Lord one thousand eight hundred and seventy-one, in the ninety-sixth year of the Independence of the United States of America, and in the twenty-third year of the reign of His Im- perial and Royal Apostolic Majesty. John Jay. [seal.] AndrAssy. [seal.] APPENDIX. 907 BADEN. Page 47, in preamble, 14th line, after word "convention," strike out semicolon and insert comma instead ; in article 1, 13th line, strike out s from word "offense" and insert c instead ; strike out foot-note. Page 48, in article IV, 2d line, strike out word " first" and insert "1st" instead; and last line but one strike out word "first" and insert "1st" instead. Page 49, 1st line, from "Baden, 1868,*" strike out asterisk; in pre- amble, 6th line, after word " Plenipotentiaries," strike out semicolon and insert comma ; in article II, 8th line, from word " non-fulfillment," strike out third 1 ; strike out foot- note. Page 50, top line, change word " Bdener" to " Badener ;" 8th line of same para- graph, strike out from word ",non-fulnllment" the third 1 ; marginal abstract of article III, strike out words " renunciation of naturalization " and insert "extension of former extradition treaty." BAVARIA. In article' I, 2d line, put words droit d'aubaine, droit die retraite, and droit de detraction in roman type ; in article II, last line, put word detraction in romau type ; strike out foot-note. Page 52, in article III, 3d and 7th lines, strike out words "(real and*)" ; in article IV, last line but one, strike out word " article" and insert abbreviation " Art." instead ; strike out foot-note. Page 53, 1st line, from " Bavaria, 1853,*" strike out asterisk ; in preamble, 10th line, strike out first s from word " offenses " and in- sert o instead; in article I, 15th line, strike out s from word "offense" and insert c instead,; strike out foot-note. Page 65, 1st line, from " Bavaria, 1868,*" strike out the asterisk ; in article I, 4th line, strike out word " for ; " in article III, 5th line, strike out word " eighteen " and insert instead words " one thousand eight ;" strike out foot-note. Page 56, in article V, 6th line, strike out s from word " months ;" in article VI, 3d line, after word " Bavaria," insert comma ; • and in last line strike out t from word " thereof;" in first signature strike out " George" and insert " Geo. " instead ; to heading "Protocol" add an 1. Page 57, in top line, from word "continued" strike out " ed " and insert " al " instead ; after word " sense," in same line, strike out comma and insert semicolon instead ; in 7th line of 1st paragraph of observation III, from word "fulfillment" strike out third 1; in ninth line of same change words "thirty-two" to figures "32;" in 1st line of 2d paragraph of observation III strike out c from word "America" and insert k instead; in first signature strike out " George " and insert " Geo." instead. BELGIUM. Page 58, 2d line, from "Belgium, 1845,*" strike out asterisk ; in preamble, 16th line, strike out a from word " Michael ". ; in article I, 11th line, insert u after letter o in word " favors ;" strike out foot-note. Page 59, in article III, last line, strike out word "may;" in article VI, last line but one, insert u after o in word " favored," and in last line strike out s from word " nations." Page 60, in article VIII, 5th and 10th lines, insert u after o in word " favored ;" in article X, 2d line, insert u after o in word " favors." Page 61, in article XV, 4th line, insert u after o in word " favor;" and in 6th line, after word " respectively," strike out semicolon and insert comma instead, and after word " gratuitously" strike out comma. Page 62, in preamble, 6th line, strike out word " the " where it last occurs; strike out foot-note. Page 66, at begin- ning of convention, from "Belgium, 1863,*" strike out asterisk; in preamble, 3d line, after word " stipulations " insert comma, and in 5th line, strike out "15th" and insert instead word "seventeenth," and strike out "1858" and insert instead words "eighteen hundred and fifty-eight;" in 15th line, insert u after second o in word "honor;" in article I, 4th line, last word, insert e between m and n, and strike out the final e, so as to spell correctly the word " arrangement ;" from end of next line, after word " cease " strike out period and insert semicolon instead ; strike out foot-note. Page 67, fourth line from top, after word " vessels " strike out period and insert semicolon instead; in article II, 2d line, strike out " 17th" and insert word "seventeenth" instead; in 3d line, strike out "18">8"and insert words " eighteen hundred and fifty-eight" instead ; from side-note " Salt,*" strike out the asterisk ; in article III, 2d line, strike out " 1st " and insert word " first " instead ; in 3d line, strike out "1861 " and insert words " eighteen hundred and sixty-one " instead; in article IV, 8th and 9th lines, put words " pro rata" in roman type ; strike out foot-note. Page 68, at beginning of treaty from " Belgium, 1863," strike out asterisk ; in preamble, 3d line, strike out " Schledt " and insert " Scheldt " instead ; and in 6th line 908 APPENDIX. strike out "20th" and insert word "twentieth" instead, and strike out "1863" and insert words "eighteen hundred and sixty-three" instead; strike out foot-note. Page 69, top line, strike out r from abbreviation " Mr. ;" in article I, 4th line, strike out word " and " immediately after word " hundred ;" in 8th line strike out word " ninth," and insert " 9th " instead, and strike out word " nineteenth," and insert " 19th " instead ; in last line but one, transpose words " which declaration," so as to read "declaration which;" in article II, 3d line, strike out word "to;" in article III, 3d line, strike out word " twentieth," and insert " twenteenth " instead ; in last line but one, after word " twentieth " insert word " of." Page 70, in preamble of an- nexed treaty, 5th line, strike out word " three," and insert figure " 3 " instead, and strike out word " ninth," and insert " 9th " instead ; in 14th line, after syllable " lands," strike out period and insert semicolon instead; in article I, last line, strike out word " three," and insert figure " 3 " instead. Page 71, in article II, 7th line, strike out second 1 from word " installments ;" in article III, second line, strike out second 1 from word "installments." Page 72, at beginning of convention, from' " Belgium, 1868,* " strike out asterisk : strike out foot-note. Page 73, in article I, 4th line, after word " Belgium," strike out period and insert semicolon instead, and strike out capital E and insert small r instead. Page 74, 6th line from top, strike out word " eighteen," and insert words " one thousand eight " instead ; at beginning of convention, from " Belgium, 1868,*" strike out the asterisk ; in preamble, 5tli line, after word "purpose," strike out semicolon and insert period instead, and strike out small a and insert capital A instead ; in 10th line, strike out " &c, &c, &c," and insert " etc., etc., etc." instead ; in article III, 3d line, strike out first s from word " offenses," and insert e instead ; strike out foot-note. Page 75, in top line, strike out word " it," in italic, and insert " it" in roman instead ; in second line from, top, after word " army," strike out comma and insert semicolon instead ; in 3d line from top, strike out small s from word " state," at end of line, and insert a capital S instead ; in article IV, second line, strike out small s from word " state," and insert a capital S instead ; in article V, 3d line, after word " or," insert word " of," and in 5th line strike out " &c, &c," and insert in- stead " etc., etc." Page 76, in article XI, 8th l;ne, strike out small s from word " state," and insert capital S instead. Page 77, 6th line from top, strike out small s from word " state," and insert capital S instead ; in article XIV, 9th line, strike out second r from word "occurred." Page 78, in second line to heading of protocol, strike out " December 5," and insert " 5 December" instead ; strike out foot-notes. Page 79, ia additional article, 6th line above the signatures, after " 17th," strike out the word "of." BOLIVIA. Page 81, 7th line from top, after word " to " insert word " be ;" in article III, 9th line, after word " and " insert word " and ;" in 16th line, strike out word " on " and insert word " or" instead ; in 3d paragraph of same article, 6th line, after word " contribu- tion " insert comma ; 7th line, after syllable " ves," strike out comma and insert hyphen ; and 8th line, after word " expedition- " strike out hyphen and insert comma instead. Page 83, in article IX, 9th line, from word " hindorance " strike out first e. Page 84, in article XII, 6th line, put words ab intestate- in roman type. In article XIII, 9th line, strike out s from word " defense " and insert c instead. Page 85, in article XV, last line, to word " several " add period; in article XVII, 6th line, change word "fuses" to word " fusees," and word " sabers" to word "sabres." Page 86, in article XIX, 12th line, strike out word " in ;" in article XXI, 9th line, after word " ill-treatment " insert comma. Page 90, in article XXXIV, last line, strike out second 1 from " liberty " and insert i instead. BREMEN. BREMEN, 1853. DECLARATION OP ACCESSION OF THE SENATE OF THE FREE HANSEATIC CITY OF BRE- MEN TO THE CONVENTION FOR THE MUTUAL DELIVERY OF CRIMINALS FUGITIVES FROM JUSTICE, BETWEEN PRUSSIA AND OTHER STATES OF THE GERMANIC CON- FEDERATION ON THE ONE PART, AND THE UNITED STATES OF AMERICA ON THE OTHER PART. Whereas a convention for the mutual delivery of criminals fagitives from justice, in certain cases, between Prussia and other states of the Germanic Confederation, on the one part, and the United States of North America on the other part, was concluded at * Translation. APPENDIX. 909 Washington, on the 16th Jane, 1852, by the Plenipotentiaries of the contracting parties, and was subsequently duly ratified on the part of the contracting governments ; and whereas, pursuant to the second article of the said convention, the United States have agreed that the stipulations of the said convention shall be applied to any other State of the Germanic Confederation which might subsequently declare its accession thereto: Therefore the Senate of the free Hanseatic city of Bremen accordingly hereby declares their accession to the Baid convention of the 16th June, 1852, which is literally as fol- lows : [A copy of the convention of the 16th of June, 1852, between the United States and Prussia and other Germanic States is here inserted :] And hereby expressly promises that all and every one of the articles and provisions contained in the said convention shall be faithfully observed and executed within the dominion of the free Hanseatic city of Bremen. In faith whereof the President of the Senate has executed the present declaration of accession, and has caused the great seal of Bremen to be affixed to the same. Done at Bremen the sixth day of September, eighteen hundred and fifty-three. The President of the Senate, [seal.1 Smidt.. Breuls, Seer. CHIIil. Page 123, in article XIX, 4th line, insert i after second t in word " contractng." COLOMBIA. Page 172, in article XIII, last line but one, insert s at end of word " merchandise." Page 177, strike out paragraph in brackets, beginning.with words " [On the " and end- ing with word " infra.]" Page 182, in article XVI, 9th line, to word " afterward " add s COSTA KICA. Page 201, in second side-note to article XII, insert good f in word " of," and hyphen after syllable " con." DEXJIABK. DENMARK, 1872. CONVENTION RELATIVE TO NATURALIZATION. Co,icluded July 20, 1872 ; Ratification advised by Senate January 13, 1873 ; Ratified by Presi- dent January 22, 1873 ; Ratifications exchanged at Copenhagen March 14, 1873 ; Proclaimed April 15, 1873. The United States of America and His Majesty the King of Denmark being desirous to regulate the citizenship of the citizens of the United States of America who have emigrated, or who may emigrate, from the United States of America to the Kingdom of Denmark, and of Danish subjects who have emigrated, or who may emigrate, from the Kingdom of Denmark to the United States of America, have resolved to conclude a convention for that purpose, and have named as their Plenipotentiaries, that is to say, the President of the United States of America : Michael J. Cramer, Minister Resident of the United States of America at Copenhagen ; and His Majesty the King of Denmark : Otto Ditlev Baron Eosenorn-Lehn, Commander of Danebrog and Danebrogsmand, Chamberlain, His Majesty's Minister for Foreign Affairs, &c, &c, &c. ; Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon and' concluded the following articles, to wit : Article I. Citizens of the United States of America who have become, or shall become, and are, naturalized, according to law, within the Kingdom of Denmark, as Danish subjects, shall be held by the United States of America to be the united'stat"' ? °e in all respects and for all purposes Danish subjects, and shall be treated t0 be l i 1871 > need not h& restricted to the city Of WaShing- commissioners mar ton, but may be held at such other place within the United States as wlS 1 oTu.&'Sd the commission may prefer. states as the commis- The present additional article shall be ratified, and the ratifications "IStS "article, shall be exchanged at Washington as soon as possible thereafter. "stature rat ' r ' ed ' I Q wit 11683 whereof we, the respective plenipotentiaries, have signed the same and have hereunto affixed our respective seals. Done in duplicate at the city of Washington, the eighteenth day of January, iu the year of our Lord one thousand eight hundred and seventy-three. [seal.] Hamilton Fish. [seal.] Edwd. Thornton*. PROTOCOL OF A CONFERENCE AT WASHINGTON, MARCH 10, 1873, RESPECTING THK NORTHWEST WATER-BOUNDARY. Whereas it was provided by the first article of the treaty between the United States of America and Great Britain, signed at Washington on the 15th of June, 1846, as follows : "Article I. " From the point on the forty-ninth parallel of north latitude where the boundary laid down in existing treaties and conventions between the United States and Great APPENDIX. 913 Britain terminates, the line of boundary between the territories of the United States and those of Her Britannic Majesty shall be continued westward along the said forty- ninth parallel of north latitude to the middle of the channel which separates the con- tinent from Vancouver's Island ; and thence southerly, through the middle of tho said channel and of Fuca Straits, to the Pacific Ocean : Provided, however, That the naviga- tion of the whole of the said channel aud straits south of the forty-ninth parallel of north latitude remain free and open to both parties." And whereas it was provided by the XXXIV th Article of the treaty between the United States of America and Great Britain, signed at Washington on the 8th of May, 1871, as follows : "Article XXXIV. " Whereas it was stipulated by Article I of the treaty concluded at Washington on the 15th of June, 1846, between the United States and Her Britannic Majesty, that the line of boundary between the territories of the. United States and those of Her Brit- annic Majesty, from the point on the 49th parallel of north latitude up to which it had already been ascertained, should be continued westward along the said parallel of north latitude to the middle of the channel which separates the continent from Vancouver's Island, and thence southerly, through the middle of the said channel and of Fuca Straits, to the Pacific Ocean; and whereas the commissioners appointed by the two high contracting parties to determine that portion of the boundary which runs southerly through the middle of the channel aforesaid were unable to agree upon the same; and whereas the Government of Her Britannic Majesty claims that such boundary-line should, under the terms of the treaty above recited, be run through the Eosario Straits, and the Government of the United States claims that it should be- run through the Canal de Haro, it is agreed that the respective claims of the Government of the United Slates and of the Government of Her Britannic Majesty shall be sub- mitted to the arbitration and award of His Majesty the Emperor of Germauy, who, having regard to the above-mentioned article of the said treaty, shall decide there- upon, finally and without appeal, which of those claims is most in accordance with the true interpretation of the treaty of June 15, 1846." And whereas His Majesty the Emperor of Germany has, by his award dated the 21st of October, 1872, decided that " Mit der richtigen Auslegung des zwischen den Eegie- rungen Ihrer,Britischen Majestat und der Vereinigten Staaten von Amerika geschlos- senen Vertrages de dato Washington den 15 Juni, 1846, steht der Auspruoh der Eegierung der Vereinigten Staaten am meisten im Einklange, dass die Grehzlinie zwischen den Gehieten Ihrer Britischen Majestat und den Vereinigten Staaten durch den Haro- Kanal gezogen werde." The undersigned, Hamilton Fish, Secretary of State of the United States, and the Eight Honourable Sir Edward Thornton, one of Her Majesty's Most Honourable Privy Council, Knight Commander of the Most Honourable Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America, and Bear-Admiral James Charles Prevost, Commissioner of Her Britannic Majesty in respect of the boundary aforesaid, duly authorized by their respective Governments to trace out and mark, on charts prepared for that purpose, the line of boundary in conformity with the award of His Majesty the Emperor of Ger- many, and to complete the determination of so much of the boundary-line between the territory of the United States and the possessions of Great Britain as was left uncompleted by the commissioners heretofore appointed to carry into effect the first article of the treaty of 15th June, 1846, have met together at Washington, and have traced out and marked the said boundary-line on four' charts, severally entitled, "North America, West Coast, Strait of Juan de Fuca, and the channels between the continent and Vancouver Id, showing the boundary-line between British and American possessions, from the admiralty surveys by Captains H. Kellett, E. N., 1847, and G. H. Eichards, E. N., 1858-1862 ;" aud having on examination agreed that the lines so traced out and marked on the respective charts are identical, they have severally signed the said charts on behalf of their respective Governments, two copies thereof to be retained by the Government of the United States, and two copies thereof to be retained by the Government of Her Britannic Majesty, to serve with the "definition . of the boundary-line," attached hereto, showing the general bearings of the line of boundary as laid down on the charts, as a perpetual record of agreement between the two Governments in the matter of the line of boundary between their respective dominions under the first article of the treaty concluded at Washington on the 15th of June, 1846. In witness whereof the undersigned have signed this protocol, and have hereunto affixed their seals. Done in duplicate at Washington, this tenth day of March, in the year 1873. Hamilton Fish. [seal.] Ed wd. Thornton, [seal.] James C. Prevost. [sisal.] 58 914 APPENDIX DEFINITION OF THE BOUNDARY-LINE. The chart upon which the boundary-line between the British and the United States possessions is laid down is entitled " North America, West Coast, Strait of Juan de Fuca, and the channels between the continent and Vancouver Id, showing the boundary- line between British and American possessions, from the admiralty surveys by Captains H. Kellett, V. N., 1847, and G. H. Richards, R. N., 1858-1862." The boundary-line thus laid down on the chart is a black line shaded red on the side of the British possessions, and blue on the side of the possessions of the United States. The boundary-line thus defined commences at the point on the 49th parallel of north latitude on the west side of Point Roberts, which is marked by a stone monument, and the line is continued along the said parallel to the middle of the channel which sepa- rates the continent from Vancouver Island, that is to say, to a point in longitude 123° 19' 15" \V., as shown in the said chart. It then proceeds in a direction about S. 50° E. (true) for about fifteen geographical miles, when it curves to the southward, passing equidistant between the west point of Patos Island and the east point of Saturna Island, until the point midway on a line drawn between Turnpoint, on Stewart Island, and Fairfax Point, on Moresby Island, bears S. 68° W., (true,) distant ten miles; then on a course south 68° W., (tvue,) ten miles to the said point midway between Turnpoint, on Stewart Island, and Fairfax Point, on Moresby Island, thence on a course about south 12° 30' east (true) for about eight and three-quarter miles to a point due east, one mile from the northermost Kelp Reef, -which reef jpn the said chart is laid down as in latitude 48° 33' north, aud in longitude 123° Is' west ; then its direction con- tinues about S. 20° 15' east, (true.) six and one-eighth miles to a point midway between Sea Bird Point, on Discovery Island, aud Pile Point, on San Juan Island ; thence in a straight line S. 45° E., (true,) until it touches the north end of the middle bank in between 13 and 18 fathoms of water; from this point the line takes a general S. 28° 30' W. direction (true) for about ten miles, when it reaches the centre of the fairway of the Strait of Juan de Fuca, which, by the chart, is iu the latitude of 48° 17' north and longitude 123° 14' 40" W. Thence the line runs in a direction S. 73° W. (true) for twelve miles, to a point on a straight line drawn from the light-house on Race Island to Angelos Point, midway between the same. Thence the line runs through the centre of the Strait of Juan de Fuca, first, in a direction N. 80° 30' W., about 5f miles to a point equidistant on a straight line between Beechey Head, on Vancouver Islaud, and Tongue Point, on the shore of Washington Territory ; second, in a direction N. 76° W., about 13-J- miles to a point equidistant in a straight line between Sherringham Point, on Vancouver Island, and Pillar Point on, the shore of Washington Territory ; third, in a direction N. 68° W., about 30f miles to the Pacific Ocean, at a point equidistant between Bonilla Point, on Vancouver Island, and Tatooch Island light-house on the American shore, the line between the points being nearly due north and south,-(true.) The courses and distances as given in the foregoing description are not assumed to he perfectly accurate, hut are as nearly so as is supposed to be necessary to a practical definition of the line laid down on the chart aud intended to be the boundary-line. Hamilton Fish. Edwd. Thornton. James C. Prevost. PROTOCOL OF A CONFERENCE HELD AT WASHINGTON, ON THE SEVENTH DAY OF JUNE, ONE THOUSAND EIGHT HUNDRED AND SEVENTY-THREE, RESPECTING THE TIME AT WHICH ARTICLE'S 18 TO 25, AND ARTICLE 30 OF THE TREATY OF MAY 8, 1871, SHOULD GO INTO EFFECT. Whereas it is provided by Article XXXIII of the Treaty between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the United States of America, signed at Washington on the 8th of May, 1871, as follows : Article XXXIII. The foregoing Articles, XVIII to XXV, inclusive, and Article XXX of this Treaty shall take effect as soon as the laws required to carry them into operation shall have' been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Edward's Island on the one hand, and by the Con- gress of the United States on the other. Such assent having been given, the said arti- cles shall remain in force for the period of ten years from the date at which they may come into operation, and further, until the expiration of two years after either of the High Contracting Parties shall have given notice to the other of its wish to terminate the same ; each of the High Contracting Parties being at liberty to give such notice to the other at the end of the said period of ten years, or at any time afterward. And whereas, in accordance with the stipulations of the above-recited Article, an APPENDIX. 915 Act -was passed by the Imperial Parliament of Great Britam in the 35th and 36th years of the reign of Queen Victoria, intituled "An Act to carry into effect a Treaty between Her Majesty and the United States of America :" And whereas an Act was passed by the Senate and House of Commons of Canada in the fifth session of the First Parliament, held in the thirty -fifth year of Her Majesty's Reign, and assented to in Her Majesty's name, by the Governor-General, on the Four- teenth day of June, 1872, intituled "An Act relating to the Treaty of Washington, 1H71 *" And whereas an Act was passed by the Legislature of Prince Edward's Island and assented to by the Lieutenant-Governor of that Colony on the 29th day of June, 1872, intituled "An Act relating to the Treaty of Washington, 1871 :" And whereas an Act was passed by the Senate and House of Representatives of the United States of America in Congress assembled, and approved on the first day of March, 1873, by the President of the United States, entitled "An Act to carry into effect the provisions of the Treaty between the United States and Groat Britain signed in the city of Washington the eighth day of May, eighteen hundred and seventy-one, relating to fisheries." . The undersigned, Hamilton Fish, Secretary of State of the United States, and tue Right Honourable Sir Edward Thornton, one of Her Majesty's Most Honourable Privy Council, Knight Commander of the Most Honourable Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America, duly authorized for this purpose by their respective Governments, having met together at Washington, and having found that the laws required to carry the Articles XVIII to XXV, inclusive, and Article XXX of the Treaty aforesaid into opera- tion, have been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Edward's Island on the one part, and by the Congress of the United States on the other, hereby declare that Articles XVIII to XXV, inclusive, and Article XXX of the Treaty between Her Britannic Majesty and the United States of America of the 8th of May, 1871, will take effect on the First day of July next. In witness whereof the undersigned have signed this Protocol, and have hereunto affixed their seals. Done in duplicate at Washington, this Seventh day of June, 1873. [seal.I Hamilton Fish. [SEAL j Edwd. Thornton. HONDURAS. Page 495, in 2d line of last paragraph of article 14, strike out comma after word " neutrality." MECKIiESfBURG-SCHWERIlT. MECKLENBURG-SCHWERIN, 1853. DECLARATION 01? ACCESSION* TO CONVENTION OF JUNE 16, 1852, BETWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION, FOR EXTRADITION OF CRIMINALS, AND TO ADDITIONAL ARTICLE THERETO OF NOVEM- BER 16, 1812. Dated November, 26, 1853 ; Proclaimed January 6, 1854. .Whereas a treaty for the reciprocal extradition of fugitive criminals, in special cases, was concluded between Prussia and other States of the Germanic Confederation on the one hand, and the United States of North America on the other, under date of June 16th, 1852, at Washington, by the Plenipotentiaries of the contracting parties, and has been ratified by the contracting Governments; and whereas, in the second article of the same, the United States of North America have declared that they agree that the stipulations of the aforesaid treaty shall be applicable to every other State of the Germanic Confederation which shall have subsequently declared its accession to the treaty : Now, therefore, in accordance therewith, the Government of His Royal Highness the Grand Duke of Mecklenburg-Schwerin hereby declares, through the undersigned Grand Ducal Minister of Foreign Affairs, its accession to the aforesaid treaty of June 16th, 1852, which is, word for word, as follows : [The original declaration here includes a copy, in German and English, of the treaty of June 16, 1852, and of the additional article thereto of November 16, 1852.] * Translation. 916 APPENDIX. and hereby expressly gives assurance that each and every article and stipulation of this treaty sliall be faithfully.observed and enforced within the territory of the Grand Dnchy of Mecklenburg-Schwerin. In testimony whereof the Grand Ducal Minister of Foreign Affairs, in the name of His Eoyal Highness the Grand Duke of Mecklenburg-Schwerin, has executed this declaration of accession, and caused the Ministerial seal to be thereunto affixed. Done at Sehwerin, November 26th, 1853. [sfAl.] Gr. v. Bolovv, Grand, Ducal Minister of Foreign Affairs of MecMenburg-Schwerin, MECKI.EjrBlIKG-STREI.ITZ. MECKLENBURG-STRELITZ, 1853. DECLARATION OF ACCESSION* TO CONVENTION OF JUNE 16, 1852, BETWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OP THE GERMANIC CONFEDERATION, FOR EXTRADITION OF CRIMINALS. Dated December 2, 1853 ; Proclaimed January 26, 1854. Whereas a treaty for the reciprocal extradition of fugitive criminals, in special cases, was concluded between Prussia and other States of the Germanic Confederation on the one hand, and the United States of North America on the other, under date of June 16th, 1852, at Washington, by the Plenipotentiaries of the contracting parties, and has been ratified by the contracting Governments; and whereas, in the second article of the same, the United States of North America have declared that they agree that the stipulations of the aforesaid treaty shall be applicable to every other State of the Germanic Confederation which shall have subsequently declared its accession to the treaty : Now, therefore, in accordance therewith, the Government of His Royal Highness the Grand Duke of Mecklenburg-Strelitz hereby declares its accession to the aforesaid treaty of June 6th, 1852, which is, word for word, as follows : [The original declaration here includes a copy, in German, of the treaty of June 16, 1852.] and hereby expressly gives assurance that each and every article and stipulation of this treaty shall be faithfully observed and enforced within the territory of the Grand Duchy of Mecklenburg-Strelitz. In testimony whereof the undersigned Grand Ducal Minister of State, in the name of His Royal Highness the Grand Duke of Mecklenburg-Strelitz, has executed this declaration of accession, and caused the seal of the Grand Ducal Ministry of State to be thereunto affixed. Done at Neustrelitz, the 2d day of December,, 1853. [SEAL.] P.T. KANDORFF. Grand Ducal Minister of State. Declaration of accession. Drischow. MEXICO, Page 587, second line from the top^ after "object" insert a comma. Mexico, 1872. convention for the revival and further extension of duration of the joint commission for the settlement of claims. Concluded November 27, 1872 ; Ratification advised by Senate, with amendment, March 9, 1873 ; Ratified by President March 10, 1873 ; Ratifications exchanged at Washington July 17, 1873 ; Proclaimed July 24,1873. Whereas, by the convention concluded between the United States and the Mexican Republic on the fourth day of July, 1868, certain claims of citizens of the contracting parties were submitted to a joint commission, whose functions were to terminate within two years and six months, reckoning from the day of the first meeting of the commissioners ; and whereas the functions of the aforesaid joint commission were extended, according to the convention concluded between the same parties on the nine- teenth day of April, 1871, for a term not exceeding one year from the day on which they were to terminate according to the first conxentipn i and whereas the possibility APPENDIX. 917 of said commission's concluding its labors oven within the period fixed by the aforesaid convention of April nineteenth, 1871, is doubtful : . Therefore, the President of the United States of America and the President of the United States of Mexico, desiring that the term of the aforementioned Contrat . tine „„,*,. commission should he again extended, in order to attain this end, have appointed, the President of the United States Hamilton Fish, Secretary of State, and the President of the United States of Mexico Ignacio Mariscal, accredited to the Gov- ernment of the United States as Envoy Extraordinary and Minister Plenipotentiary of said United States of Mexico, who, having exchanged their respective powers, which were found sufficient and in due form, have agreed upon the following articles : Article I. The high contracting parties agree that the said commission be revived, and that the time fixed by the convention of April nineteenth, 1871, for the duration Durnti(m ot com . of the commission aforesaid, shall he extended for a term not exceeding nitajon. r». wtue. two years from the day on which the functions of the said commission t ,, er exte h ers °" '»■ Article IX. Persons shall be delivered up according to the provisions of this convention who shall be charged with any of the following crimes, to wit: Murder, (in- cluding assassination, parricide, infanticide, and poisoning;) attempt to iivered°"p masVbe commit murder ; rape ; forgery, or the emission of forged papers ; arson ; 5$*^ wlth 5"; robbery, with violence, intim[id]ation, or forcible entry of an inhabited crimes' 6 8pea e house ; piracy ; embezzlement by public, officers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. Article X. The surrender shall be made by executives of the contracting parties respectively. ' to %TZt r : bow Article XI. The expense of detention and delivery effected pursnant to the pre- Expense of de- ceding articles shall be at the cost of the party making the demand. cry"i™w i 'p!,'id'! sliv " Article XII. The provisions of the aforegoing articles relating to the surrender of surrende- 1,„. fugitive criminals shall not apply to offeuces committed before the date "J? l " >""""° hereof, nor to those of a political character. poiitkaiTtrerara? Article XIII. The present convention is concluded for the period of ten years from the day of the exchange of the ratifications ; and if, one year before the expiration of Duration of con- an official notification, its intention to"the other to arrest the operation's that period, neither of the contracting parties shall have announced, by ,-, 920 APPENDIX. of the said convention, it shall continue binding for twelve months longer, and so on from year to year until the expiration of the twelve months which will follow a simi- lar declaration, -whatever the time at which it may take place. Article XIV. This convention shall be submitted on both sides to the approval and ratification of Ratification. *^ e res P ec, kive competent authorities, and the ratifications shall be ex- changed at Washington as soon as circumstances shall admit. In faith whereof the respective plenipotentiaries have signed the above articles, and have thereunto affixed their seals. Done in quadruplicate at Bloemfonten this 22d day of December, in the year of our Lord one thousand eight hundred and seventy-one. W. W. Edgcomb. [seal.] F. K. H5HNE. [seal.] gCIEAViH»Iie«-UPPE. SCHAUMBURG-LIPML, 1854. DECLARATION OF ACCESSION* TO CONVENTION OP JUNE 16, 1852, BETWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION, FOR EX- TRADITION OF CRIMINALS, AND TO ADDITIONAL ARTICLE THERETO OF NOVEMBER 16, 1852. Bated June 7, 1854 ; Proclaimed July 26, 1854. Whereas a treaty for the reciprocal extradition of fugitive criminals, in special cases, was concluded between Prussia and other States of the Germanic Confederation on the one hand, and the United States of North America on the other, under date of June 16th, 1852, at Washington, by the Plenipotentiaries of the contracting parties, and has been ratified by the contracting Governments ; and whereas, in the second article of the same, the United States of North America have declared that they agree that the stipulations of the aforesaid treaty shall be applicable to any other State of the Ger- manic Confederation which shall have subsequently declared its accession to the treaty : Now, therefore, in accordance therewith, the Government of His Serene High- ness the Reigning Prince of Schaurnburg-Lippe, hereby declares its accession to the aforesaid treaty of June 16th, 1852, which is, word for word, as follows : [The original declaration here includes a copy in German and English of the treaty of June 16, 1852, and of the additional article thereto of November 16, 1852.] and hereby expressly gives assurance that each and every article and stipulation of this treaty shall be faithfully observed and enforced within the territory of the Prin- cipality of Schaumburg-Lippe. In testimony whereof, the Government of the Prince, in the name of His Serene Highness the Reigning Prince of Schaumburg-Lippe, has executed the present declara- tion of accession, and caused the seal of the Government to be thereunto affixed. Done at Buckeburg, the seventh day of June, one thousand eight hundred and fifty- four. The Government of the Prince of- Schaumburg-Lippe. V. Sauee. [seal.] Werner. PERU. Page 691, in the fifth line of the preamble insert a second n after the first in the word " Georgiana." Page 692, in article I, last line, make the same change. PRUSSIA ABTU OTHER STATES. Pages 731 and 732, strike out President's Proclamation relative to declaration of ac- cession of Bremen of September 6, 1853. Page 732, in bracketed explanation, first line, strike out words "notice of the" and insert words "Declarations of" instead; and after words " governments of" insert word " Bremen ;" in second line, after word "Oldenburg" insert word "and," and before word "Wiirttemberg" insert words " statement relative to that of," and insert second t after first in word " Wiirtemburg," and take out u in last syllable and insert e instead. "Translation. APPENDIX. 921 SIAM. Page 769, in second side-note to article VI insert i after S in word " Samese." SPAIN. SPAIN, 1871. AGREEMENT FOK SETTLEMENT OF CERTAIN CLAIMS OF CITIZENS OF THE UNITED STATES ON ACCOUNT OF WRONGS AND INJURIES COMMITTED BY AUTHORITIES OF SPAIN IN THE ISLAND OF CUBA.* Concluded at Madrid February 12, 1871, by Daniel E. Sickles, Esq., Envoy Extraordinary and Minister Plenipotentiary of the United States at Madrid, and his Excellency Senor Don Cristino Martos, Minister of State of Spain. Memorandum of an arbitration for the settlement of the claims of citizens of the United States, or of their heirs, against the Government of Spain for wrongs and in- juries committed against their persons and property, or against the persons and prop- erty of citizens of whom the said heirs are the legal representatives, by the authorities of Spain, in the island of Cuba, or within the maritime jurisdiction thereof, since the commencement of the present insurrection. 1. It is agreed that all such claims shall be submitted to arbitrators, one to be ap- pointed by the Secretary, of State of the United States, another by the Envoy Extraordinary and Minister Plenipotentiary of Spain at Wash- m ^f\^ J^'tS- ington, and these two to name an umpire who shall decide all questions w'rs, e and°in £,e™f upon which they shall be unable to agree ; and in case the place of either disagreement to um- arbitrator or of the umpire shall from any cause become vacant, such vacancy shall be filled forthwith in the manner herein provided for the original ap- pointment. 2. The arbitrators and umpire so named shall meet at Washington within one month from the date of their appointment, and shall, before proceeding to business, make and subscribe a solemn declaration that they will impartially hear and determine, to the best of their judgment, and according to public law and the treaties in force between the two countries and these present stipulations, all such claims as shall, in conformity with this agreement, be laid before them on the part of the Government of the United States ; and such declaration shall be entered upon the record of their pro- ceedings. 3. Each Government may name an advocate to appear before the ar- m f "^""^"Xo' bitrators or the umpire, to represent the interests of the parties respect- cat?. 1 """ 6 ively. 4. The arbitrators shall have full power, subject to these stipulations, and it shall be their duty, before proceeding with the hearing and decision of any case, to make and publish convenient rules prescribing the time and manner of the presentation of claims and of the proof thereof; and any disagreement with reference to the said rules of proceeding shall be decided by the umpire. It is understood that a reasonable period shall be allowed for the presentation of the proofs ; that all claims, and the testimony in favor of them, shall be presented only through the M^dtoUh GoS Government of the United States ; that the award made in each case eminent of the uni- shall be in writing, and, if indemnity be given, the sum to be paid shall ,edstates - be expressed in the gold coin of the United States. 5. The arbitrators shall have jurisdiction of all claims presented to them by the Government of the United States for injuries done to citizens of the United States by the authorities of Spain, in Cuba, since the first day of . El <£"' of juriadic- October, 1868. Adjudications of the tribunals in Cuba concerning citi- "°°' zens of the United States, made in the absence of the parties interested, or in violation of international law or of the guarantees and forms provided for in the treaty of October 27, 1795, between the United States and Spain, may be reviewed by the arbi- trators, who shall make such award in any such case as they shall deem just. No judgment of a Spanish tribunal, disallowing the affirmation of a party that he is a citizen of the United States, shall prevent the arbitrators from hearing a reclamation presented in behalf of said party by the United States Government ; nevertheless, in any case heard by the arbitrators, the Spanish Government may traverse the allegation of American citizenship, and thereupon competent and sufficient proof thereof will be required. The commission having recognized the quality of American citizens in the claimants, they will acquire the rights accorded to them by the present stipulations as such citizens. And it is further agreed that the arbitrators shall not have jurisdiction 'Printed on page 905 old edition. 922 APPENDIX. of any reclamation made in behalf of a native-born Spanish subject, naturalized in the United States, if it shall appear that the same subject-matter having been adjudi- cated by a competent tribunal in Cuba, aud the claimant, having appeared therein, either in person or by his duly appointed attorney, and being required by the laws of Spaiu to make a declaration of his nationality, failed to declare that he was a citizen of the United States ; in such case, and for the purposes of this arbitration, it shall be deemed and taken that the claimant, by his own default, had renounced his allegiance to the United States. And it is further agreed that the arbitrators shall not have jurisdiction of any demands growing out of contracts. 6. The expenses of the arbitration will be defrayed by a percentage to be added to the amount awarded. The compensation of the arbitrators and umpire shall not exceed three thousand dollars each: the same allowance shall be made to each of the two advocates representing respectively the two Governments; and the arbitrators may employ a secretary at a compensation not exceeding the sum of five dollars a day for every day actually and necessarily given to the business of the arbitration. 7. The two Governments will accept the awards made in the several cases submitted to the said arbitration as final and conclusive, and will give full effect to the same in good faith and as soon as possible. SWEDEN. Page 807, in separate article, last line but one before signatures, strike out word "day" after word "third." SWISS CONFEDERATION'. Page 832, in article XV, second line, separate words " shall be." LIST OF THE TREATIES AND CONVENTIONS WITH FOREIGN POWERS, CHRONOLOGICALLY ARRANGED. I. Prior to the organization under the Constitution, 1778 to March 4, 1789. Page. 1778. February 6 France Alliance- 241 February 6 France Amity and commerce 244 February 6 France Act separate and secret 254 1782. July 16 France Payment of loan 254 October 8 Netherlands , Amity and commerce 607 October 8 Netherlands Recaptured vessels 616 November 30 Great Britain Provisional articles preliminary to peace 309 November 30 Great Britain Separate article 312 1783. January 20 Great Britain Armistice-.-.-' 1 312 February 25. France New loan 258 April 3 Sweden Amity and commerce 799 April 3 Sweden Separate articles 807 September .3 Great Britain Peace 314 1785. July 9 and 28, Au- Prussia Amity andcommeroe 707 gust 5, and Sep- tember 10. 1787. January Morocco Peace and friendship 588 January Morocco Additional article 592 1788. November 14 France , Consuls 260 II. President Washington's Administration: March 4, 1789 to March 4, 1797. 1794. November 19 Great Britain Peace, amity, commerce, navigation, bound- 318 ary, claims, extradition. November 19 Great Britain (Additional article.) Suspending part of 12th. 333 article. 1795. September 5 Algiers Peace and amity 9 October 27 Spain Friendship, limits, and navigation 776 1796. May 4 Great Britain Article explanatory of 3d article of treaty of 333 1794. November4 Tripoli Peace, friendship, navigation, &e 837 III. President John Adams's Administration : March 4, 1797 to March 4, 1801. 1797. August Tunis Peace, friendship, navigation. &c 846 1798. March 15 Great Britain Article explanatory of 5th article of treaty of 334 1794. 1799. July 11 Prussia Amity and commerce 715 1800. September 30 France Peace, commerce, navigation, fisheries, &c 266 IV. President Jefferson's Administration : March 4, 1801 to March 4, 1809. 1802. January 8 Great Britain Additional convention to treaty of 1794 336 August 11 Spain Indemnity 784 1803. April 30 France : Cession of Louisiana 275 April 30 France Payment of 60,000,000 franca by the United 278 States. April 30 France Claims against France to be paid 279 1805. June 4 Tripoli Peace, friendship, navigation, &c 840 V. President Madison's Administration, March 4, 1809 to March 4, 1817. 1814. December 24 Great Britain Peace, boundary, slave-trade 338 1815. July 3 Great Britain Commerce, dudes, consuls 344 June 30, July 6, Algiers Peace and amity 14 November24 Great Britain Declaration relative to St. Helena, as resi- 347 dence of Bonaparte. 1816. September 4 Sweden Amity and commerce 809 December 22, 23.. Algiers Peace and amity 4 18 VI. President Monroe's Administration, March 4 7 1817 to March 4 ; 1825. 1817. April 28 Great Britain Arrangement for armed vessels on the Lakes.. 348 November 24 Great Britain Declaration of Commissioners respecting 348 boundary. November 24 Grea^ Britain Decision of Commissioners respecting bound- 349 ary. 1818. Oct ober 20 Great Britain Fisheries, boundary, slaves 350 1819. February 23 Spain Peace, cession of Florida, limits, claims, com- 785 merce. 1822. June 18 Great Britain Decision of Commissioners respecting bound- 352 ary. 924 LIST OF TREATIES AND CONVENTIONS. 1822. June 24 France 1 Duties, consuls 287 June24 France r . . . Separate article 289 July 12 Great Britain Differences referred to Emperor of Russia..'.. 355 1824. February 24 Tunis Altered articles of peace, friendship, and navi- 852 gation. April 5, 17 Russia Navigation, fishing, &c, in Pacific Ocean 733 October 3 Colombia Friendship, commerce, and navigation 169 VII. President J. Q. Adams's Administration : March 4, 1825 to March 4, 1829. 1825. December 5 Central America Commerce and navigation 108 1826. April 26 Denmark Friendship, commerce, and navigation 206 November 13 Great Britain Indemnity under treaty of Ghent 362 1827. July 4 Sweden and Norway Commerce and navigation 815 July 4 Sweden and Norway - . Separate article 821 August 6 Great Britain Boundary 364 August 6 Great Britain Renewal of commercial conventions 365 September 29 Great Britain Boundary; differences to be referred to an 366 arbiter. December 20 Hanseatic Republics Friendship, commerce, and navigation 461 1828. January 12 Mexico Boundary 542 May 1 Prussia Commerce and navigation 724 June 4 Hanseatic Republics Additional article to convention of 1827 465 December 12 Brazil r Friendship, commerce, and navigatio n 94 VIII. President Jackson's Administration : March 4, 1829 to March U, 1837. 1829. August 27 Austria Commerce and navigation 31 3830. March 28 Denmark Indemnity, claims 210 May 7 Ottoman Porte Friendship and commerce 643 1831. April 5 Mexico..-. Additional article to treaty of 1828 544 April 5 Mexico , Amity, commerce, and navigation 544 April 5 Mexico Additional article to treaty of 1831 555 July 4. France Claims; duties on wines aDd cottons 289 1832. May 16 Chili Friendship, commerce, and navigation 118 October 14 Two Sicilies Indemnity 855 December 6-18 .. -Russia Commerce and navigation 735 December 6-18 - . -Russia Separate article ; certain stipulations with 739 other powers not to be invoked. 1833. March 20 Siam Amity and commerce 764 September 1 Chili Explanatory of treaty of 1832 127 September 21 Muscat Amity and commerce 602 1834. February 17 Spain Indemnity 795 1835. Api'il 3 Mexico Second additional article to treaty of 1828 556 1836. January 20 Venezuela Friendship, commerce, and navigation 873 September 16 .... . Morocco Commerce, prisoners, &c 593 , November 30 Peru-Bolivia Friendship, commerce, and navigation 663 IX. President Van Buren's Administration: March 4, 1837 to March 4, 1841. 1837. December 10-22 ..Greece Commerce and navigation 430 1838. April 11 Texas Indemnity for brigs "Pocket" and "Duran- 834 go," &c. April 25 Texas Boundary 835 November 26 Sardinia Commerce, navigation, &c 755 November 26 Sardinia Separate article ; differential duties in certain 760 cases. 1839. January 19 Netherlands Commerce and navigation 618 April 11 Mexico Claims 557 June 13 Ecuador Friendship, navigation, and commerce 228 1840. May 20 Hanover Commerce, navigation, &c 446 August 26 Portugal Commerce and navigation 699 X. President Harrison's Administration: March 4, 1841 to April 4, 1841. 1841. March 17 Peru Claims 673 XI. President Tyler's Administration : April 4, 1841 to March 4, 1845. 1842. August9 Great Britain t Boundary, slave-trade, extradition 369 1843. January 30 Mexico Payment of awards to claimants 560 November 9 France Extradition 292 1844. Marcb.26 Hesse Abolition of droit d'aubaine and taxes on 486 emigration. April 10 Wilrttemberg Abolition of droit d'aubaine and taxes on 898 emigration. July3...., China Peace, amity, and commerce 131 1845. January 21 Bavaria Abolition of droit d'aubaine and taxes on 51 emigration. February 24 France ".Extradition, (additional article to convention 293 of November 9, 1843.) XII. President Pollc's Administration : March 4, 1845 to March 4, 1849. May 14 Saxony Abolition of droit d'aubaine and taxes on 762 emigration. November 10 Belgium Commerce and navigation 58 December 1 Two Sicilies Commerce and navigation 856 LIST OF TREATIES AND CONVENTIONS. 925 Page. 1846. May 27 Nassau Abolition of droit d'aubaine and taxes onemi- 605 gration. June 10 Hanover Commerce, navigation, &c 450 June 15 Great Britain Boundary weat of Rocky Mountains 375 December 12 New Granada ' Amity, commerce, and navigation 177 December 12 New Granada .. , Additional article, defining nationalsbips 188 1847. March 10 Oldenburg (Accession.) Commerce and navigation .. 641 May 18 Swiss Confederation Abolition of droit d'aubaine and taxes on emi- 827 gration. Deoember9 Mecklenburg-Schwerin (Accession. Commerce, navigation, &c 535 1848. February 2 Mexico Peace, friendship, limits, claims, &c 562 May 8 Austria Disposal of property, consuls, &c 35 1849. January 27 Brazil Claims 104 March 3 Guatemala Amity, commerce, navigation, &c 436 XIII. President Taylor's Administration : March 4, 1849 to July 9, 1850. December 20 Hawaiian Islands Commerce, navigation, extradition, &c 468 1850. January 2 San Salvador Amity, navigation, commerce, &c 745 April 19 Great Britain Ship-canal from the Atlantic to the Pacific 377 May 4 New Granada .'. Consuls 189 June 23 Borneo Peace and amity; consular jurisdiction 92 XIV. President Fillmore's Administration : July 9, 1850 to March 4, 1853. November 25 Swiss Confederation Friendship, commerce, extradition, &c 828 December 9 Great Britain Protocal ceding Horseshoe Reef 911 1851. February 26 Portugal Certain claims to be referred to an arbiter 704 July 10 Costa Rica Amity, commerce, and navigation 197 July 26 Peru Friendship, commerce, and navigation 675 1852. April 30 Hanseatic Republics Consular jurisdiction 466 Juno 16 Prussia and other states Extradition 729 August 26 Netherlands Supplemental to treaty of 1839 619 November 16 Prussia and other states (Additional article J Extradition 731 1853. February 8 Great Britain Claims 380 February 23 France Rights, &c, of consuls 294 XV. President Pierce's Administration : March 4, 1853 to March 4, 1857. July 10 Argentine Confederation Free navigation of rivers Parana and Uruguay 24 July 27 Argentine Confederation Friendship, commerce, and navigation 26 September 6 Bremen Extradition, (accession) (appendix) 908 September 12 Bavaria Extradition - 53 October 13 Wiirttemberg Extradition, (accession) 899 November26 Mecklenburg-S,chwerin Extradition, (accession) (appendix) 915 December 2 Mecklenburg-Strelitz Extradition, (accession) (appendix) 916 December 30 Oldenburg Extradition, (accession) (appendix) 917 December 30 Mexico Boundary, road across Tehuantepec, &c 575 1854. March 31 Japan Peace and amity; opening of ports of Simoda 512 and Hakodade. June 5 Great Britain Reciprocity of trade and fisheries with British 383 possessions in North America. June 7 Schaumburg-Lippe Extradition, (accession) (appendix) 920 July 11 Lew Chew Friendship and commerce 528 July 17 Great Britain (Additional convention.) Claims 388 July 22 Russia Rights of neutrals at sea 739 August 21 Brunswick and Duneburg Disposal of property 106 1855. January 13 Two Sicilies Rights of neutrals at sea 861 January 18 Hanover Extradition 456 January 22 Netherlands American consuls in Dutch colonies 622 October 1 Two Sicilies Commerce, navigation, extradition, &c 863 1856. May 29 Siam Amity and commerce 767 July 3 ..Austria Extradition 37 July 22 Peru Rights of neutrals at sea 687 December 13 Persia Friendship and commerce 660 1857. January 30 Baden ^Extradition '.... 47 XVI. President Buchanan's Administration : March 4, 1857 to March 4, 1861. April 11 Denmark Sound and Belt dues 213 June 17 Japan Opening of Nangasaki; coin, consuls, &c 514 July 4 Peru Of interpretation of article 12 of treaty of 1851. 689 September 10 New Granada Claims L93 1858. February 10 France (Additional article.) Extradition 298 May 13 Bolivia Friendship, commerce, and navigation. .„ 80 June 18 China Peace, amity, and commerce... 145 July 1*7 Belgium Commerce and navigation 62 July 29 Japan Amity and commerce* 516 November 8 China Regulation of trade-. 155 November 8 China Claims 164 November 10 Chili Arbitration of Macedonian claims 129 1859. January 14 Venezuela Aves Island claims 883 February 4 Paraguay United States and Paraguay Navigation Com- 653 pany. February 4 Paraguay Friendship, commerce, and navigation 655 1860. March 21 Sweden and Norway Extradition 822 July 2 Costa Rica Claims \\ 202 August 27 . . . . ... .Yenez ueja „._, ..... Commerce, navigation, extradition, &c '. \ 885 926 LIST OF TREATIES AND CONVENTIONS. XVIT. President Lincoln's Administration : March 4, 1861 to April 15, 1865. Page. 1861. July 11 Denmark „ Additional articles to convention- of 1826 215 November 6 Hanover Abolition of Stade or Brunshausen dues 458 December 11 Mexico Extradition 579 1862. February 25 Ottoman Empire Commerce and navigation 645 April 7 Great Britain i Suppression of Blave-trade 388 October 21 Liberia Commerce and navigation 529 November 25 Ecuador Claims 238 December 20 Peru "' Lizzie Thompson " and " Georgianna" 691 1863. January 12 Peru Claims 693 February 17 Great Britain (Additional article.) Suppression of slave-trade. 401 May 20 Belgium Import duties and capitalization of Scheldt 66 dues. July 1 Great Britain Claims of Hudson's Bay and Puget Sound 402 Agricultural Companies. July 20 Belgium Extinguishment of Scheldt dues 68 1864. January 28 Japan Reduction of duties 525 February 10 Colombia Claims 195 July 4 Honduras Friendship, commerce, and navigation 490 October 22 Japan Indemnity 526 November 3 Hayti Commerce, navigation, extradition, &c 475 XVIII- President Johnson's Administration: April 15, 1865 to March 4, 1869. 1865. May 31 Morocco Light-house at Cape Spartel 598 1866. April 25 -. . . .Venezuela Claims 895 . 1867. February 8 Dominican Republic Amity, commerce, navigation, extradition 217 February 14 Madagascar Commerce, rights of citizens, consular jurisdic- 532 tion, &c. March, 30 Russia Cession of Russian possessions in North 741 America to the United States. June 21 Nicaragua Friendship, commerce, and navigation 627 December 17-31 . - Siam (Modification) 774 1868 January 27 Russia ( Additional article. ) Trade-marks 744 February 8 Italy Rights, &c, of consuls 496 February 22 North German Union Naturalization 638 March 23 Italy Extradition 501 May 26 Bavaria Naturalization 55 July 4 Mexico Claims : 581 July 10 Mexico Naturalization 585 July 19 Baden ■ Naturalization 49 July 27 Wiirttemberg Naturalization; extradition 900 July28 China (Additional articles.) Amity, commerce, and 165 navigation. August 1 Hesse Naturalization 487 November 16 Belgium Naturalization 72 December 4 Peru Claims 695 December 5 Belgium Rights, &c, of consuls 74 December 20 Belgium (Additional article.) Trade-marks 78 1869 January 21 Italy (Additional article.) Consuls 500 January21 Italy (Additional article) Extradition 503 XIX. President Grant's Administraton : March 4, 1869 — April 16 France Trade-marks 299 May 26 Sweden and Norway Naturalization 824 1870. May 13 Great Britain Naturalization 405 June 3 Great Britain Slave-trade ; mixed courts 407 June 25 Nicaragua Extradition 635 July 11 - - . Austro-Hungary Rights, &c, of consuls 39 September 20 Austro-Hungary Naturalization 45 1871. February 12 Spain Certain claims for wrongs in Cuba, (Appendix) 921 February 23 Great Britain Renunciation of naturalization , 411 February 26 Italy ...Commerce and navigation 503 April 19 Mexico. (Additional convention.) Claims 586 , May 8 Great Britain Amicable settlement of all causes of dif- 413 ference. November 25 Austro-Hungary Trade-marks. (Appendix) 906 December 11 German Empire Consuls and trade-marks 302 December 22 Orange Free State Friendship, commerce, and extradition. (Ap- 918 pendix.) 1872. July 20 Denmark Naturalization, (Appendix) 909 November 27 Mexico (Additional convention.) Claims. (Appendix.) 916 1873. January 18 Great Britain Relative to places for holding sessions of the commissioners under, the 12th article of the treaty of May 8, 1871. (Appendix) 912 Marefe 10 Great Britain Definition of the Northwest Boundary line-.- 914 June 7* Great* Britain - Protocol respecting the time at which articles 18 to 25 and article 30 of the treaty of May 8, 1871, respecting fisheries shall take effect 914 NOTES THE FOREIGN TREATIES THE UNITED STATES; SOME REFERENCES TO NEGOTIATIONS. PRECEDING THEM; TO THE EXECUTIVE, LEGISLATIVE, OR JUDICIAL CONSTRUCTION OF THEM; AND TO THE CAUSES OF THE ABROGA- TION OF SOME OF THEM; AND CONTAINING, AMONG OTHER MATTERS, THE SUBSTANCE OF, OR A CORRECTION OF, NOTES OR REMARKS ON PREVIOUS PAGES, 34, 37, 44, 52, 58, 78, 106, 118, 177, 241, 260, 266, 275, 300, 301, 314, 347, 428 TO 429, 446, 461, 544, 586, 605, 673, 675, 704, 707, 715, 781, 785, 786, 787, 788, 789, 790, 797, 798, 799, 809, and 873. The official publications respecting Foreign Relations are. the following: 1. The Dip- lomatic Correspondence from 1776 to 1783, edited by Jared Sparks, and originally printed in Boston, in 1823, in twelve volumes. The citations in these Notes are from a reprint, in six volumes, in Washington, in 1857, the references to which are made thus : "D.'C. 1776-'83."— 2. The Diplomatic Correspondence from 1783 to 1789 was printed in AVashington in 1837, in three volumes, and is thus referred to in the Notes : " D. C. 1783-'89." — 3. The correspondence from 1789 to 1828, inclusive, is collected in six folio volumes, entitled " American State Papers, Class 1, Foreign Relations." These volumes are referred to as the Folio Edition of the Foreign Relations, and are cited thus: " F. R. F." — 4. No collection of papers was made between 1828 and 1861. The references during this period are therefore made to the Congressional classification of the documents, thus: Senate Executive Document, 1st Session 30th Congress, "S. E. Doc, 1st Sess. 30th Cong.," &c. ; House Reports, " H. R. ;" House Miscellaneous, " H. M.," &c. — 5. The correspondence which accompanied President Lincoln's and President Johnson's Annual Messages is contained in 17 volumes, and is referred to thus: "D. C. I860, part 1," (Diplomatic Correspondence, 1866, part 1.) — 6. In 1869 no papers accom- panied the President's Message. Since 1869 the papers with the Annual Message have been styled (as before 1861) "Foreign Relations," and are so referred to — (as F. R., 1870, &c.) — 7. From 1861 to date other papers have also been sent to Congress from time to time, and are referred to in their order in the Congressional Series. The Statutes at Large are cited " St. at L.'' The Annals of Congress extend to the 2d session, 18th Congress, and are cited thus : "Annals 1st Sess. 10th Cong." The debates include the 2d Session, 18th Congress, and extend to the 2d Session of the 25th Congress, and are cited thus : " 4 Debates, 2274." The Congressional Globe is cited thus : "Globe, 1st Sess. 30th Cong." The opinions of the Attorneys-General are cited thus : " 1 Op. At.-Gen." The papers relating to the Treaty of Washington are referred to thus : " Pap. rel. Tr. W." They constitute the first four volumes of the House Executive Document 1, 3d Session 42d Congress, and also volumes 2, 3, 4, and 5 of the Foreign Relations for 1872. In all cases where there is more than one volume in a series the number of the vol- ume precedes the reference to the series, and the number of the page follows it, thus : " 4 F. R. F., 250," volume 4, folio edition of the Foreign Relations, page 250. J. C. B. D. September, 1873. 59 • MOTES. INTRODUCTORY NOTE. The purpose of these Notes is expressed in their title. They will aim to make such references to- the negotiations which preceded the political treaties of the United States, as may be necessary to a compre- hension of the questions there determined. They will attempt to show wherein the action of the Executive, the Legislative, or the Judicial Department of the Government may have affected any treaty. They will endeavor to explain why and in what way some treaties have ceased to be operative. But except as official correspondence miiy refer to the unofficial tentatives which may have preceded negotiations, or the un- official influences which may have affected results, no notice will be here taken of such tentatives or influences. With the exception of a few necessary cases, the references will be confined to official publica- tions. The various treaties of the United States bear the names of many of the most eminent statesmen of the country. In succeeding generations, with more or less success, they have endeavored to imprint their ideas upon its public law. To find the origin of some of these ideas we must even go behind the Declaration of Independence, to the time when the thoughts of an American nationality were first beginning to inspire the actions of the leaders of the Continental Congress. On the 29th of November, 1775, Congress appointed a " Committee of Secret Correspondence," whose duty it would be to correspond with the friends of the colonies in other parts of the world. On the 3d of March, 1776, this committee instructed Silas Deane to proceed to France, to enter into communication with M. de Yergennes, and to as- certain, if possible, " whether, if the colonies should be forced to form themselves into an independent State, France would * * enter into any treaty or alliance with them for commerce or defence, or both." These instructions were signed by Dr. Franklin, Benjamin Harrison, John Dickinson, Eobert Morris, and Johu Jay ; * and the practical wisdom of the signers is displayed.in the first instruction they contain ; "When you come to Paris * * you will be introduced to a set of acquaint- ance, all friends to the Americans ; by conversing with them you will have a good opportunity of acquiring Parisian French." 2 On the 17th day of the following September, nearly two years prior to the adoption of the Articles of Confederation, " Congress took into consideration the plan of treaties to be proposed to foreign nations, 'ID. C. 1776-'83. 5. 2 Ib. 932 NOTES — INTRODUCTORY NOTE. with the amendments agreed to by the Committee of the Whole;" 1 and thereupon adopted a plan of treaty to be proposed to His Most Christian Majesty the French King, which will be found in the Secret Journal. 2 This remarkable state paper contains the germ (often expressed in the identical language) of many of the provisions of subsequent trea- ties of the United States. 3 In one respect it was many years in advance of provisions actually incorporated into any Treaty. Its first and second articles stipulated that the citizens of each country in the ports of the other should pay no other duties or imports than the natives were required to pay, and should enjoy the same privileges, immunities, and exemptions in trade, navigation, and commerce which natives enjoyed ; and the twelfth arti- cle contemplated a similar reciprocal agreement in respect of some ex- ports. It was not until after the peace of 1814 that this principle of reciprocity was incorporated into a Treaty of the United States. The Commissioners who were originally selected by the Continental Congress to conclude Treaties with the European Powers, were Dr. Franklin, Silas Deane, and Thomas Jefferson. 4 Jefferson having de- clined, Arthur Lee was elected in his place. 5 On the 6th of February, 1778,' these Commissioners concluded a Treaty of Alliance and a Treaty of Amity and Commerce with the King of France. These important acts were followed by the conclusion of Treaties of Amity and Commerce with the Netherlands, in 1782; and with Sweden, in 1783 ; of the Treaty of Peace with Great Britain, in 1783, (to which the names of Adams, Franklin, and Jay were attached under a special power;) of a Treaty of Amity and Commerce with Prussia, in 1785; of a Treaty of Peace and Friendship with Morocco, in 1787 ; and of a Con- sular Convention with France, in 1788. In regulating the commercial and political relations between the United States and other Powers, these several Treaties secured the re- cognition of the Independence of the United States, and also the assent of other Powers to many important principles, some of which were not then universally recognized as constituting part of the public law which should govern the intercourse of nations with each other. It is not difficult to recognize, in these provisions, the impress of the statesmanlike intelligence and humane and elevated characters of 1 2 Secret Journals of Congress, 6. - lb., 7-25. 3 See Art. 6, concerning the Treatment of Pirates ; 14, respecting the abolition of the Droit d'Aubaine ; 16, respecting the treatment of vessels having contraband of war on board ; 19, concerning the restoration of property captured from pirates ; 20, concern- ing prizes ; 21 and 22, respecting asylum for wrecked vessels and persons; 23, respecting • the protection of citizens of each in the terri tory of the other on the breaking out of a war ; 24, respecting letters of marque ; 25, respecting the preservation of the neu- trality of ports; 26, respecting the freedom of ueutrals to trade with the enemy, and tbe right of neutral vessels to carry enemy's goods ; 27, defining contraband of war ; 23, respecting the papers that neutral vessels must carry in time of war ; 30, respect- ing the mode of visiting neutral ships on the high seas in time of war. 4 Secret Journals of Congress, 31. s Ib., 30. NOTES — INTRODUCTORY NOTE. VOO the members of the Continental Congress, and of the American Pleni- potentiaries who negotiated the several Treaties. The evils of war were lessened by agreements that, in case it should break out, time should be given to the citizens of each in the territo- ries of the other to close their business and remove their properties ; l or that, should differences arise, resort should not be had to force until a friendly application should be made for an,arrangeinent. 2 A restraint was imposed upon private war by provisions forbidding the citizens of either Power to accept commissions or letters of marque from enemies of the other Power when at war ; 3 and the acceptance of such commissions or letters was declared to be an act of piracy, which placed the offender beyond the claim of national protection. The rights of neutrals to maintain and carry on their commerce and trade on the high seas during time of war were fully recognized. 4 For this purpose articles which were to be held to be contraband of war were expressly defined and limited; 5 and in the Treaty of 1785 with Prussia, which bears the signatures of John Adams, Dr. Franklin, and Jefferson, it was even agreed that no articles should be deemed contra- band, so as to induce confiscation, or condemnation, and a loss of prop- erty to individuals. 6 It was further agreed that Free ships should make free goods ; 7 and that neutral goods found in an enemy's ship should not be confiscated if they had been put on board before the declaration of war, or within such short period thereafter that an ignorance of the state of war might fairly be implied. 8 Precise rules were laid down to be observed in the visit of neutral vessels on the high seas, 9 and humane regulations were made respecting vessels on which articles contraband of war should be discovered. 10 " To prevent the destruction of prisoners of war by sending them into distant and inclement countries or by crowding them into close and noxious places," regulations were made for their treatment; 11 and it was agreed that women and children, scholars, and cultivators, "all others whose occupations are for the common subsistence and benefit of man- kind," should be allowed to continue their respective employments in time of war; that merchant and trading vessels employed in rendering the necessaries of human life more easy to be obtained, should be allowed to pass unmolested in such time ; and that no commissions should be granted to private armed vessels. 12 1 France, 1778, Art. 20 ; Netherlands, 1782, Art. 18 ; Sweden, 1783, Art. 22 ; Prussia, 1785, Art. 23. ^Morocco, 1787, Art. 24. 3 France, 1778, Art. 21 ; Netherlands, 1782, Art. 19; Sweden, 1783, Art. 23 ; Prussia, 1785, Art. 20. * France, 1778, Art. 23; Sweden, • 1783, Art. 7 ; Prussia, 1785, Art. 12. » France, 1778, Art. 24 ; Netherlands, 1782, Art. 24; Sweden, 1783, Art's 9 and 10. «Art. 13. 'France, 1778, Art. 23; Netherlands, 1782, Art. 11 ; Sweden, 1783, Art. 7 ; Prussia, 1785, Art. 12. 8 France, 1778, Art. 14 ; Netherlands, 1782, Art. 12 ; Sweden, 1783, Art. 14. "France, 1778, Art's 12, 25, and 27 ; Netherlands, Art's 10, 20, 25, and 26; Sweden, Art's 11, 12, 24, and 25 ; Prussia, Art's 14 and 15. 10 France, 1778, Art. 13; Netherlands, 1782, Art. 11 ; Sweden, 1783, Art. 13 ; Prussia, 1785, Art. 13. " Prussia, 1785, Art. 24. 13 lb., Art. 23. 934 NOTES — 'INTRODUCTORY NOTE. The power of the new nation whose existence had been recognized by these Treaties, to regulate and control its commercial relations with Foreign Powers was uniformly asserted in this series of Treaties. They placed each of the other-Powers, in respect of commerce and navi- gation within each and every State, on the footing of the most favored nation j 1 and it was agreed with Prussia that the ports of each Power should be open to the other; and that the duties, charges, and fees, to be imposed by each upon articles the growth, produce, or manufacture of the other, should be only such as should be paid by the most favored nation. 2 In the articles affecting the relations between the United States and the several States, these early Treaties asserted the nationality of the United States in a no less marked manner. They prohibited the exaction in any State of the Droit d'Aubaine or other similar duty. 3 They allowed aliens to hold personal property and to dispose of it by testament, donation, or otherwise, and to succeed to it, and they prohibited the exaction in such case by any State of dues, ex- cept such as the inhabitants of the country were subject to. 4 They allowed aliens, without obtaining letters of naturalization, to inherit real estate and things immovable in every State, 5 but in such case the Prussian alien was required to sell the real estate and withdraw the proceeds, which he was to be permitted to do without molestation; 6 and in case of withdrawal no droit de detraction was to be exacted. 7 The right to aliens to frequent the coasts and countries of each and all the several States, and to reside there and to trade in all sorts of produce, manufactures, and merchandise was granted by the national government ; 8 and the States were prohibited from imposing upon such aliens any duties or charges to which the citizens of the most favored nation were not made subject. 9 Eesident aliens were also assured against State legislation to prevent the exercise of an entire and perfect liberty of conscience, and the performance of religious worship ; and, when dying, they were guaranteed the right of decent burial, and un- disturbed rest for their bodies. 10 The Consular Convention concluded with France by Jefferson main- tained a yet wider supremacy for the national authority. It authorized French Consuls to administer, in certain cases, upon the estates of their deceased countrymen in the several States ; to exercise police over all the vessels of their nation in whatever American port they might dis- charge their functions; to arrest the officers or crews of such vessels; to France, 1778, Art's 2 and 3; Netherlands, 1782, Art's 2 and 3; Sweden, 1783, Art's 2, 3, and 4 ; Prussia, 1785, Art's 2 and 3. "Art. 14. 3 France, 1778, Art. 11. 4 France, 1778, Art. 11 ; Netherlands, 1762, Art. 6 ; Sweden, 1783, Art. 6 ; Prussia, 1785, Art. 10. 6 France, 1778, Art. 11; Netherlands, 1782, Art. 6 ; Sweden, 1783, Art. 6; Prussia, 1785, Art. 1 0. o Art. 10. * France, 1778, Art. 11 ; Sweden, 1783, Art. 6 ; Prussia,1785, Art. 10. 8 Prussia, 1785, Art. 2. 9 France, 1778, Art. 3 ; Netherlands, 1782, Art. 2 ; Sweden, 1783, Art. 3 ; Prussia, 1785, Art. 2. 10 Netherlands, 1782, Art. 4 ; Sweden, 1783, Art. 5 ; Prus- sia, 1785, Art. 11. NOTES — INTRODUCTORY NOTE. 935 require .the Courts to aid them in the arrest of deserters ; and it even elevated them into judges, and authorized them to determine all differ- ences and disputes arising between their countrymen in the United States. 1 The same statesmen contemplated at one time a postal convention between Prance and the United States. A scheme was submitted by the French Minister ; 2 after considering which Jay submitted a coun- ter proposal. 3 But nothing further appears to have been done. Had the scheme been carried out it would have anticipated by half a cen- tuary the modern international postal convention of the United States. The several Treaties and Conventions, thus negotiated, have served as the basis, or model of many of the commercial and general conventions entered into by the United States since the adoption of the Constitu- tion. The Treaty negotiated in London, in 1794,. during the administration of President Washington, and commonly known as Jay's Treaty, con- tained several new features, some of which have since been adopted in other Treaties. This Treaty, the first concluded with a Pbreign Power under the new form of government, recognized the right of the United States, which had been asserted in the Treaties concluded under the old form of gov- ernment, to authorize aliens to hold and dispose of real estate in the several States. 4 It aimed to establish,, as far as the British monopoly of that clay would permit, reciprocity in trade on the American conti- nent; and it declared that by reciprocity it was " intended to render in a great degree the local advantages of each party common to both, and thereby to promote a disposition favorable to friendship and good neigh- borhood." 5 It made reciprocal provisions for the equalization of import and export duties. 6 ' It provided a mode for settling by arbitration difference^ which had arisen between the two powers; 7 and it also de- clared that it was "unjust and impolitic that debts and engagements contracted and made_ by individuals, having confidence in each other, and in their respective governments, should ever be destroyed or im- paired by national authority on account of national differences ;" and it, therefore, provided that there should be no confiscation or sequestra-, tion of debts, in event of war between the parties. 8 By it the parties agreed that an innocent neutral vessel, approaching a blockaded port, without knowledge of the blockade, should be warned and turned away without detention, and without confiscation of the vessel, or of the cargo unless contraband. 9 It required each party to bring to the notice of the other any causes of complaint it might have before proceeding to the extremities of reprizals or of war ; 10 and it made provisions, to a limited extent, for the extradition of persons charged with the commission of crimes. 11 1 France, 1788, Art's 5, 8, 9, and 12. 2 1 D. C. 1783-'89, 185. 3 lb., 201. " Great Britain 1794, Art. 9. 6 Art. 3. 6 Art.l5. ' Art. 7. » Art. 10. 9 Art. 18. "Art. 22. "Art. 27. 936 NOTES INTRODUCTORY NOTE. The Treaty of 1795, concluded with Spain during the same adminis- tration, provided that the vessels or effects of citizens of either Power should not be embargoed or detained by the other for any purpose ; that the courts of justice should be open alike to citizens of each Power; that seizures of the persons of citizens of one Power by the authorities of the otber, within its jurisdiction, were to be made and prosecuted under the ordinary forms of law, and that the persons so arrested were to have the right to employ such advocates or attorneys as they pleased, who were to have the right of access to them, and of being present at all examinations and trials, 1 all of which engagements have since been entered into with other Powers. During the administration of the elder Adams two Treaties of note were made. The first, concluded with Prussia, in 1799, extended the principal provisions in the Treaty of 1785 with that Power, but, in doing it, several features of the early Treaty disappeared. The second was the Treaty concluded with France in 1800, which put an end to a state of quasi war between France and the United States. The construction put by President Washington on the agreement of guaranty contained in the 11th article of the Treaty of 1778 with France together with the conclusion of the Treaty of 1794 with England, had affected the relations of the two countries to such a degree that, in 1798, Congress had, by law, assumed to exonerate the nation trom further ob- ligation to observe the Treaties with France ; and the Attorney-General had given an official opinion that there was a state of war. 2 The Treaty of 1800 restored the good relations : but in the amendments on each side the old Treaties entirely disappeared. The subject will be further considered hereafter. This Treaty, although concluded during the ad- ministration of President Adams, was finally proclaimed by Jefferson after he became President. By far the most important Treaty, in its results, concluded during the administration of President Jefferson, was the Treaty of 1803 with France, whereby Louisiana was annexed to the United States. This was the first Treaty which extended the territorial dominion of the United States, and which provided for the admission of aliens " to the enjoyments of all the rights, advantages, and the immunities of citizens of the United States." 3 The subject of the Slave-Trade first appears in the Treaty of Peace with Great Britain, concluded in 1814, at Ghent, during the administra- tion of President Madison. It was declared there that " the traffic in slaves is irreconcilable with the principles of humanity and justice." 4 John Quincy Adams, James A. Bayard, Henry Clay, Jonathan Russell, and Albert Gallatin subscribed this declaration on the part of the United States. At the close of the wars of Napoleon, the Treaty of 1795 with Spain • Art. 7. °- 1 Op. At.-Gen., 701, Wirt. 3 Art. 3. - Art. 10. NOTES — INTRODUCTORY NOTE. 937 alone, of all of the commercial Treaties, survived. President Madison contemplated using the opportunity to mould all the Treaties of this na- ture into a general system. Mr. Monroe, in an early stage of negotia- tions with Holland, for this purpose, informed the Dutch Minister at Washington that " the Treaties between the United States and some of the Powers of Europe having been annulled by causes proceeding from the state of Europe for some time past, and other Treaties having expired, the United States have now to form their system of commercial intercourse with every Power, as it were, at the same time." 1 But the only general commercial Treaties which Monroe succeeded in conclud- ing, either as Secretary of State under President Madison, or as Presi- dent with John Quincy Adams as Secretary of State, were the Treaty of 1815 with Great Britain, the limited arrangements made with France in 1822, and the Treaty with Colombia in 1824. In that Treaty with Great Britain, it was for the first time agreed that no higher or other duties or charges should be imposed in any of the ports of the United States on vessels of another Power than those paya- ble in the same ports by vessels of the United States ; that the same duties should be paid on the importation into the United States of any articles the growth, produce, or manufacture of a foreign Power, whe- ther such importation should be made in vessels of the United States or in vessels of that Power, and that in all cases where drawbacks were or might be allowed upon the re-exportation of any goods the growth, produce, or manufacture of either country respectively, the amount of the drawback should be the same, whether the goods should have been imported in American vessels or in vessels of the Foreign Power. 2 How frequently these principles have since been recognized in Treaties of the United States, an examination of the Index following these Notes will show. The Convention with Colombia was the first of a long series of Treaties of Amity and Commerce with the several American States, of Spanish or Portuguese origin. It contained, in addition to most of the liberal pro- visions already noted, an agreement which has since been incorporated into many other Treaties, that infractions of the Treaty by citizens of either party should not interrupt the harmony and good correspondence between the two nations. The most important Treaty made during the administration of Presi- dent Monroe was the Treaty for the acquisition of Florida, concluded with Spain in 1819. Another importaut Convention was concluded in 1818, in London, by Mr. Gallatin and Mr. Kush, for the purpose, among other things, of settling the disputes which had arisen after the Treaty of Ghent, respecting the fisheries. In this the United States " renounced forever any liberty heretofore enjoyed or claimed by the inhabitants thereof to take, dry, or cure fish on or within three marine miles of any of the coasts, bays, creeks, or harbors of His Britannic Majesty's Domin- 1 Monroe *o Chsnaruion. Ariril 12. 181R. Ms. Dept. of State. s Art. 2 938 NOTES INTRODUCTORY NOTE. ions in America not included in the above-mentioned limits," that is, the limits described in the Treaty. 1 We have the authority of Eush for the assertion that this renunciation was inserted by the American Plenipo- tentiaries. "The British Plenipotentiaries, " he says, "did not desire it." 2 During the administration of John Quincy Adams several Treaties were concluded, in which broader views in commercial matters began to prevail. It was agreed that whatever kind of produce, manufacture, or merchandise of any foreign country could be from time to time lawfully imported into the United States in their own vessels might also be im- ported in vessels of the other Power. 3 These Treaties were subscribed by Henry Glay, Secretary of State of the United States, and the provisions have often since been repeated in Conventions with other Powers. The expanding commerce of the United States induced the revival at this time of some of the powers respecting national vessels in foreign ports, and respecting disputes between the officers aud crew of such vessels, and concerning deserters, which had been conferred upon Consuls by Jef- ferson's Convention with France in 1788. 4 These important provisions were now inserted in the Treaties of Commerce, and continued to be until the revival of the practice of concluding exclusively Consular Conven- tions, which had lain dormant from the time of Jefferson's mission in Paris. Many commercial Treaties were concluded during the administrations of President Jackson and President Van Buren, through which the principles, which had become part of the policy of the United States, were extended in every quarter .of the globe. By the former adminis- tration also, long-pending differences with Prance were set at rest by a Convention signed July 4, 1831; and a Treaty was concluded with the Ottoman Porte, under which, for.nearty forty years, it was not doubted that the citizens of the Uuited States within the dominions of the Porte enjoyed certain rights of exterritoriality. 6 The doubts which have since arisen will be considered hereafter. During the administration of President Tyler, Caleb Cushing as Plenipotentiary, negotiated a Treaty by which political relations were for the first time established between the United States and the Em- peror of China. 6 In this Treaty, the rights of exterritoriality were stated in unmistakable terms. "Citizens of the United States who may com- mit any crime in China shall be subject to be tried and punished only by the Consul or other public, functionary of the United States thereto authorized, according to the law of the United States. 7 All questions in regard to rights, whether of property or person, arising between citi- zens of the United States in China, shall be subject to the jurisdiction and regulated by the authorities of their own Government." 8 The same administration also brought to a close the long-pending 1 Art. 1. S S. Doc, Special Sessiou, 1871, Executive, A. 48. 'Central America, 1825 Art. 4 ; Denmark, 1826, Art. 3 ; Hanseatic Republic, 1827, Art. I ; Prussia, 1828, Art. 3. * Prussia, 1828, Art's 10 and 11. 6 Ottoman Porte, 1830, Art. 4. * China, 1844. 'Art. 21. sArt. 25. NOTES INTRODUCTORY NOTE. 939 disputes about the Northeastern Boundary, 1 and by the same Treaty made arrangements with Great Britain for the extradition of persons accused of crimes. With the exception of the clause in " Jay's Treaty," respecting murder and forgery, this is the first of a long series of Treaties for a similar purpose. The first international postal arrangement also appears to have been concluded during this administration. 2 Henry Wheaton, the represen- tative of the United States at Berlin, signed, during this administration Treaties with Hesse, Wurttemberg, and Bavaria, abolishing the Droit d'Aubaine and taxes on emigration. President Polk carried out with assiduity the policy of the nation by extending the number of its Treaties for the regulation of commerce and navigation, for the abolition of unjust taxes, and for the regulation of international postal relations, and he added to the national domain by the Treaty of Peace with Mexico, 3 and concluded a treaty with Great .Britain, which was intended on the part of the United States to be a final settlement of the disputed Northwestern Boundary. 4 He also caused the United States to enter into a Treaty with New Granada, whereby they agree to "guarantee positively and efficaciously to New Granada * * * the perfect neutrality of the before-mentioned Isthmus" (Panama) * * # aM « the rights of sovereignty and prop- erty which New Granada has and possesses over the said territory," 5 the first international obligation of this nature incurred since 1778. During President Taylor's short administration several Treaties of commerce were entered into with other Powers. The Secretary of State (acting as the Plenipotentiary of the United States) signed a Treaty with Great Britain (commonly known as the Clay ton-Bulwer Treaty) in which the United States agree not to obtain any exclusive control over the ship- canal which it was then supposed would soon be constructed through the territories of Nicaragua; not to erect or maintain any fortifications commanding the same, or in the vicinity thereof; and not to occupy or fortify, or colonize, or assume, or exercise any dominion over Nicaragua, Costa Rica, the Mosquito Coast, or any part of Central America. 6 An engagement of this nature was a new one in the history of the United States, and has not since been imitated. Clayton also signed the first Consular Convention which had been entered into since Jefferson's Con- vention of 1788. It contained a provision that in everything not spe- cially provided for by the Treaty, the persons and dwellings of the Con- suls were to be subject to the laws of the land in which they reside. This provision has not found favor with subsequent negotiators. The administration of President Fillmore furnished a form of a Con, sular Convention which has been adopted as \he basis of all subsequent conventions of that nature. 7 Its defects are noticed hereafter. It bore the signature of Edward Everett, then Secretary of State. 'Great Britain, 1842. 2 New Granada, 1844. 3 Mexico, 1848. * Great Britain, 1846. 6 New Granada, 1846, Art. 35. " Great Britain, 1850, Art. 1. ' France, 1853. 940 NOTES— INTRODUCTORY NOTE. The Crimean war, which took place during the administration of President Pierce, left its mark on the Treaties of the United States in agreements with Russia, 1 the Two Sicilies, 2 and Peru, 3 respecting the rights of neutrals at sea. Treaties of Commerce, Consular Conventions, and Extradition Treaties were negotiated and concluded with various pow- ers under the direction of Win. L, Marcy, as Secretary of State; a Treaty was concluded for reciprocal trade with Canada, and for the enjoyment of the Canadian Fisheries; 4 diplomatic intercourse was opened with Japan f and Arizona was acquired by Treaty with Mexico. 6 President Buchanan released the commerce of the United States from the Danish dues at the Sound and Belts, 7 made wider and broader the friendly relations with Japau, 8 and he added to the number of the Treaties for the regulation respectively of commerce, of extradition, and of international postage. William H. Seward was the Secretary of State daring the administra- tions of President Lincoln and of President Johnson. Under his direc- tion of the Department of State, the Treaties of Commerce, and the Consular and Extradition Conventions were widely extended. The commerce of the United States was relieved from the Briinshausen dues, 9 the navigation of the Dardanelles and of the Bosphorus was regu- lated, 10 and the Scheldt dues were extinguished. 11 A Treaty was entered into for the suppression of the African Slave-Trade, in which, for the first time since the adoption of the Constitution, it was agreed that an alien might sit as a judge in a court holding its sessions within the territories of the United States. 12 Several Treaties were made securing the recogni- tion of the right of expatriation and naturalization, 13 and the protection of Trade-Marks was also made the subject of a Treaty. 14 The relatious with China, too, were essentially modified. 15 During the administration of President Grant the Department of State, under the direction of Hamilton Fish, has carried out the previ- ous policy of the United States in new Treaties for regulating the com- merce of the country, for the extradition of criminals, for the naturaliza- tion of aliens, for the protection of trade-marks, for defining the powers and jurisdiction of Consuls, and for the protection of citizens in Foreign countries. The Treaty which has become known as the Treaty of Wash- ington was signed in that city on the 8th day of May, 1871, by Mr. Fish, Mr. Justice Nelson, Robert C. Sclieuek, E. R. Hoar, and George H. Williams, as High Commissioners on the part of the United States, and by Earl de Grey, Sir Stafford Northcote, Sir Edward Thornton, Sir John A. McDonald, and Montague Bernard, as High Commissioners on the part of Great Britain. It provides for the adjustment of outstand- ing differences with Great Britain, which were many and grave, by a series of arbitrations. The 1 success, hi the midst of great difficulties, ■1854. 2 1855. U856. "Great Britain. 1854. 5 Japan, 1854. 6 Mexico, 1853. 'Den- mark, 1857. 'Japan, 1857. ° Hanover, 1861. '"Ottoman Porte, 1862. » Belgium, 1863. "Great Britain, 1862. "North Germany, 1868; Bavaria, 1868 ; Mexico, 1868 ; Wurfc- tembnrg,' 1868; Hesse, 1868. "Russia, 186s. ' 6 China, 1868. NOTES INTRODUCTORY NOTE. 941 which has attended the conduct of these international trials, may lead even persons who are not optimists, to hope that a way may be found for the peaceful solution of many sorts of international differences, which have hitherto been left to be solved by the sword. The policy of the United States is well established, to settle national disputes and individual claims by arbitration when possible. It has been, embodied in numerous claims conventions in addition to those already alluded to. When the bill for the payment of the overdue instalments on the French Convention of 1831 was introduced into the Chamber of Peers, the Baron de Barante said : " Les Btats-Unis sont dans une autre situation.* Lorsqu'on viole a leur 6gard les regies de la neutrality, ils ne font pas la guerre ; * * Faire rendre justice a leurs citoyeus est done un de leurs premier devoirs; et, en cela, ils sont plus a imiter qu' a blamer. De sorte que, sans 6clater en hostilite's, ils se plaignent, pro- duisent patiemment leurs reclamations; et quand le jour arrive ou l'on a besoin de leur bienveillance, ou leur amitie' pourrait tstre a rechercher, ils profitent de l'occasion, et font solder les cr^ances privies, dont on con- testait ou retardait paiement." 1 Many of these Treaties have been the subject of consideration and construction by the Attorneys-General and the courts of the United States. The following are some of the main points of general construc- tion which have been determined. I. A Treaty, constitutionally concluded and ratified, abrogates all State laws inconsistent therewith. It is the supreme law of the land, subject only to the provisions of the constitution. 2 II. A Treaty is binding on the contracting parties, unless otherwise provided, from the day of its date. 3 The exchange of ratifications has, in such case, a retroactive effect, confirming the Treaty from its date. But a different rule prevails when the Treaty operates On individual rights. The principle of relation does not apply to rights of this char- acter, which were vested before the Treaty was ratified; it is not consid- ered as concluded until there is an exchange of ratifications. 4 III. When a Treaty requires a series of legislative enactments to take place after exchange of ratifications before it can become operative, it will take effect as a national compact, on its being proclaimed, but it 1 S. E. Doc. 161, 1st sess., 24th Cong., 10. "The case is different with the United States. When the laws of neutrality are violated with respect to them they do not go to war. * * To cause justice to he rendered to their citizens is then one of their first duties, and in that they are more to he imitated than blamed. So that without beginning hostilities they protest, quietly present their claims, and, when the time arrives when their good-will is needed, or their friendship is sought, they profit by the occasion, and cause the settlement of the private claims the payment of which had been contested or deferred." s 6 Op. At.-Gen., 293, Cushing, and the cases cited by him ; United States vs. The Schooner Peggy, 1 Cianch, 103 ; Ware vs. Hylton, 3 Dallas, 199 ; Gordon's Lessee vs. Kerr, 1 Wash. C. C. R., 322 ; Lessee of Fisher vs. Harnden, 1 Paine, C. C. R., 55 ; 8 Op. At.-Gen., 417, Cushing. = Davis to. The Parish of Concordia, 9 How- ard, 2,80 ; Lessee of Hylton vs. Brown, 1 Wash. C. C. R., 343. " Haver vs. Yaker, 9 Wallace, 32 ; The United States vs. Arredondo, 6 Peters, 691. 942 NOTES — INTEODUCTOEY NOTE. caunot become operative as to the particular engagements until all the requisite legislation has taken place. 1 IV. Where a Treaty cannot be executed without the aid of an act of Congress, it is the duty of Congress to enact such laws. Congress has never failed to perform that duty. 2 V. But when it can be executed without legislation, the courts will enforce its provisions. 3 VI. Where a Treaty is executed in two languages, each the language of the respective contracting parties, each part of the Treaty is an original, and it must be assumed that each is intended to convey the same meaning as the other. 4 VII. Treaties do not generally if so facto become extinguished by war. Vested rights of property will not become divested in such case. 5 VIII. The constitution of the United States confers absolutely on the government of the United States the power of making war and of mak- ing Treaties, from which it follows that that government possesses the power of acquiring territory either by conquest or by Treaty. 6 IX. Such acquisition does not impair the rights of private property in the territory acquired. 7 X. A Treaty of cession is a deed of the ceded territory by the Sover- eign grantor, and the deed is to receive an equitable construction. 8 The obligation of the new power to protect the inhabitants in the enjoy- ment of their property is but the assertion of a principle of natural justice. 9 XI. In an opinion on the legislation to carry into effect the Treaty of 1819 with Spain, Attorney-General Crittenden held that "An act of Congress is as much a supreme law of the land as a Treaty. They are placed on the same footing, and no superiority is to be given to the one over the other. The last expression of the law-giving power must pre- vail ; and a subsequent act must prevail and have effect, though incon- sistent with a prior act ; so must an act of Congress have effect, though inconsistent with a prior treaty." 10 XII. Interest, according to the usage of nations, is a necessary part of a just national indemnification. 11 The Treaty Power under the Constitution has also been the subject of legislative discussion in Congress. 1 6 Op. At.-Gen., 750, dishing. 2 Ibid., 296, Cushing, and cases cited. 3 Poster et al. vs. Neilson, 2 Peters, 314 ; United States vs. Arredondo, 6 Peters, 735. 4 United States vs. Arredondo et al., 6 Peters, 710. 6 Society for the Propagation of the Gospel vs. The Town of New Haven, 8 Wheaton, 464 ; Carneal vs. Banks, 10 Wheaton, 182. 6 Ameri- can Insurance Company vs. 356 Bales of Cotton, 1 Peters, 542. 7 United States vs. Morano, 1 Wallace, 400. 8 United States vs. Arredondo et al., 6 Peters, 710. 9 Soulard vs. The United States, 4 Peters, 511 ; Delanus vs. The United States, 9 Peters, 117; Mitchell vs. The United States, lb., 711 ; Smith vs. The United States, lOPeters, 326.. 10 5 Op. At.-Gen., 345, Crittenden. But see opinions by Justice Chace, 3 Dallas, 236, and by Marshall, C. J., 1 Cranch, 109, each pronouncing the opinions of the Supreme Court. 11 1 Op. At.-Gen., 28, Wirt; 5 Op. At.-Gen., 350, Crittenden ; Geneva Award, 4 Pap. rel- Tr.W., 53. NOTES — INTRODUCTORY NOTE. 943 When the Treaty of 1794 with Great Britain was sent to that body, Edward Livingston, who was a member of the House, moved that the President be requested to transmit to the House a copy of the instruc- tions to Mr. Jay, and of the correspondence and documents relative to the Treaty. This motion was resisted on the ground that the Treaty had become the supreme law, and the House had no constitutional juris- diction over questions which were settled by it. The Eonse, however,, adopted the resolution, 61 ayes, 38 noes. 1 President Washington re- plied to this resolution thus : " Having been a member of the General Convention, and knowing the principles on which the Constitution was formed, I have ever entertained but one opinion on this subject, and from the first establishment of the Government to this moment, my conduct has exemplified that opinion, that the power of making treaties is exclusively vested in the President, by and with the advice and con- sent of two-thirds of the Senate, provided two-thirds of the Senators present concur, and that every treaty so made, and promulgated, thence- forward becomes the law of the land. * * As, therefore, it is perfectly clear to my understanding that the assent of the House of Eepresentatives is not necessary to the validity of a Treaty ; as the Treaty with Great Britain exhibits in itself all the ob- jects requiring legislative provision, and on these the papers called for can throw no light ; and as it is essential to the due administration of the Government that the boundaries fixed by the Constitution between the different departments should be preserved, a just regard to the Constitution and to the duty of my office, under all the circumstances of this case, forbid a compliance with your request." 2 The House thereupon, after a short debate, resolved " that it is not necessary to the propriety of any application from this House to the Executive for information desired by them, and which may relate to any constitutional functions of the House, that the purpose for which such information may be wanted, or to which it may be applied, should be stated in the application." 3 About a fortnight later a resolution was introduced into the House that legislation ought to be made by law for carrying the Treaty into effect. 4 This gave rise to a long and animated debate, after which the resolution passed by a vote of 51 to 48. The debates for carrying into effect the provisions of the Treaty for the cession of Louisiana 5 were conducted with less manifestation of feel- ing, and deserve examination in this connection. In 1816, the Senate passed an act to carry into effect the Commercial Convention of 1815 with Great Britain. The substance of this Bill was that so much of any existing act as might be contrary to the provisions of the Conven- tion should be deemed and taken to be of no effect. 6 The House, on its part, passed an act, in several sections, enacting seriatim the provisions ■Annals 1st Seas. 4th Cong., 759. Hb., 761-2. 3 Ib.J 771-2. * lb., 940. 6 Annals 1st Sess., 8th Congress. 6 Annals 1st Sess.. 14th flntio-.. 36. 944 NOTES INTRODUCTORY NOTE. of the Treaty. Each body refused to recede from its ground, the Senate claiming that the Treaty was operative of itself, and therefore that the act should be declaratory only, the House affirming that legislation was necessary to carry it iuto effect. A committee of conference, of which Eufus King was Chairman of the managers ou the part of the Sen- ate, and John Forsyth Chairman of the managers on the part of the House, agreed on a Bill which was then enacted. 1 The principle upon which this adjustment was made was thus stated to the House by Forsyth : " Your committee understood the com- mittee of the Senate to admit the principle contended for by the House, that whilst some Treaties might not require, others may require legisla- tive provision to carry them into effect. That the decision of the ques- tion, how far such provision was necessary, must be founded upon the peculiar character of the Treaty itself." In 1843 Wheaton concluded a Commercial Treaty with the German States. 3 The Senate Committee of Foreign Eelations reported adversely to this Treaty, on the ground of the " want of constitutional compe- tency" to make it; and the Senate laid the subject ou the table indefi- /nitely. Calhoun, then Secretary of State, comments thus on this act: " If this be a true view of the Treaty-making power, it may be truly said that its exercise has been one continual series of habitual and uninter- rupted infringements of the Constitution. From the beginning, and throughout the whole existence of the Federal Government, it has been exercised constantly on commerce, navigation, and other delegated powers." 3 The subject was again before Congress when the bill making appro- priations for the purchase of Alaska was under consideration. It was elaborately discussed in the House, 4 but the debate ended by the House accepting from a Conference Committee a preamble reciting that the stipulations of the Treaty " cannot be carried into full force and effect, except by legislation, to which the consent of both Houses of Congress is necessary." 5 A parallel discussion 6 took place in the French Chambers of Peers respecting the Convention of 1831. It remains only to say a few words concerning the administration of the Department charged with the Executive supervision of the For- eign Eelations of the United States. From the date of the appointment by Congress of the Committee of Secret Correspondence, already alluded to, until the autumn of 1781, the management of the Foreign Affairs of the country was in the hands of Committees of Congress. Eobert E. Livingston, of New York, was then appointed " their Secretary of Foreign Affairs," and took the oaths of office on the 20th of October, 1781. 7 Livingston resigned in June 1 3 St. at L., 255. a Globe, 2d Sess. 28th Cong., 3. <» Calhoun to Wheaton, Jane 28, 1844, MS. Dept. of State. See Lawrence's note 41 on Wheaton, page 103, Law. Wheat. "1, 2, 3, 4, and 5 Globe, 2d Sess. 40th Cong. H5 St. at L., 198. °S. E. Doc. 161, 1st Sess. 24th Cong. » Livingston to Franklin, 2 D. C. 1776-'83. 173. NOTES INTRODUCTORY NOTE, 945 1783, and Blias Boudinot, the President of Congress, acted officially as Secretary in the interim. 1 General Thomas Mifflin was chosen President of Congress on the 3d of November, 1783, at the beginning of a new Congress, and as such succeeded to Boudinot as ad interim Secretary. John Jay was elected Secretary on the 7th of May, 1784 f but he did not qualify until the 21st of the following December. He remained the Secretary of Foreign Affairs until the adoption of the Federal Constitution. The fourth Statute passed by the first Congress convened under the new Constitution provided " for establishing an Executive Department, to be denominated the Department of Foreign Affairs." This became a law on the 27th of July, 1789. 3 But it was soon found necessary to enlarge the operations and duties of the Department, and, on the 15th of September, 1789, the President approved "An act to provide for the safe- keeping of the acts, records, and seal of the United States, and for other purposes," in the first section of which it was provided " that the Executive Department, denominated the Department of Foreign Af- fairs, shall hereafter be denominated the Department of State, and the principal officer therein shall be called the Secretary of State. 4 Jef- ferson was appointed Secretary of State on the 26th day of Septem- ber, 1789, 5 but did not enter upon the duties of his office until the 21st March, 1790. 6 Jay, notwithstanding the fact that he had been se- lected to be Chief Justice, an appointment which he received Septem- ber 26, 1789, continued to fill the office of Secretary until Jefferson entered upon its duties, although never commissioned as such under the new government. 7 The following is a complete list of the Secretaries of State since the adoption of the Constitution, with their respective terms of office : Secretaries of State— 1789 to 1872. Secretaries of State. Presidents. 1789, Sept. 26. Thomas Jefferson, of Virginia George Washington. 1794, Jan. 2. Edmund Randolph, of Virginia do. 1795, Deo. 10. Timothy Pickering, of Pennsylvania 5 do - { John Adams. 1800, May 13. John Marshall, of Virginia do. 1801, Mar. 5. James Madison, of Virginia Thomas Jefferson. 1809, Mar. 6. Robert Smith, of Maryland James Madison. 1811, Apr. 2. James Monroe, of Virginia do. 1817, Mar. 5. John Quincy Adams, of Massachusetts James Monroe. 1825, Mar. 7. Henry Clay, of Kentucky John Quincy Adams. 1829, Mar. 6. Martin Van Buren, of New York Andrew Jackson. 1831, May 24. Edward Livingston, of Louisiana do. 1 Boudinot to Ministers at Paris, 1 D. C, 1783-'89, 3. » 9 Journal of Congress, 205, original edition, and 4 Way & Gideon edition, 1833, 400. "L St. at L.,28. -lb., 68. 'Register of the Department of State. 'Jefferson to Randolph, March 28. 1790; 3 Jefferson's Works, 128. ?1 Life of John Jay, by William Jay, 274 ; 10 Writings of Washington, 11 note. 60 946 NOTES— ABROGATED OR OBSOLETE TREATIES. 1833, May 29. Louis McLane, of Delaware Andrew Jackson. 1834, June 27. John Eorsyth, of Georgia j Martin y an Buren 1841, Mar. 5. Daniel Webster, of Massachusetts 5 T , m , ( John Tyler. 1843, May 24. Hugh S. Legare, of South Carolina do. 1843, July 24. Abel P. Upshur, of Virginia do. 1844, Feb. 29. John Nelson, of Maryland do. 1844. Mar. 6. John C. Calhoun, of South Carolina do. 1845, Mar. 6. James Buchanan, of Pennsylvania James K. Polk. 1849, Mar. 7. John M. Clayton, of Delaware ( Zachary Taylor. 1850, July 22. Daniel Webster, of Massachusetts I Millard Fillmore. 1852, Nov. 6. Edward Everett, of Massachusetts do. 1853, Mar. 7. William L. Marcy, of New York Franklin Pierce. 1857, Mar. 6. Lewis Cass, of Michigan James Buchanan. 1860, Dee. 17. Jeremiah S. Black, of Pennsylvania do. 1861, Mar. 5. William H. Seward, of New York \ Abraham Lincoln. c Andrew Johnson. 1869, Mar. 5. Elihu B. Washburne, of Illinois U. S. Grant. 1869, Mar. 11. Hamilton Fish, of New York do. ABROGATED, SUSPENDED, OK OBSOLETE TREATIES. 1. Treaties annulled by Act of Congress : Alliance with France, 1778 ; Amity and Commerce with France, 1778 ; Act Separate and Secret with France, 1778 ; Consular Convention with France, 1788. The circum- stance which led to the Act of Congress annulling these Treaties are stated under the title " France." This Act of Congress was the sub- ject of some discussion between the Plenipotentiaries who negotiated the Convention of 1800.' The latter Convention contained originally a statement that the Plenipotentiaries could not agree respecting these Treaties, and that the Parties should negotiate further upon the sub- ject. The Senate, in consenting to the ratification, expunged that Ar- ticle. Bonaparte accepted this action of the Senate, " Provided that by this retrenchment the two States renounce the respective preten- sions which are the object of the said Article." This was explained by the American Plenipotentiary, Murray, as a " wish to get rid of both the claim to Treaties and indemnities." 2 In this sense it was ac- cepted in its turn by the Senate, and thus the question was laid at rest, and has not been mooted since. A French writer of authority says of these proceedings : " Le motif que porta le gouvernement am6ricain h insister sur le retranchement d'un article que ni l'engageait a rien, parait avoir 6t6 de nelaisser aucun doute sur la ferme resolution ou il 6tait de ne jamais consentir au renouvellement des trait6s de 1778 ; et si la reconnaissance, deja rare parmi les particuliers, n'est pas un devoir des gouvernements, le presi- dent des Ftats-Unis pouvait se croire autorise" a saisir une occasion de 1 2 F. R. P., 295-345. 2 6 F. R. F., 145. NOTES — ABROGATED OR OBSOLETE TREATIES. 947 se soustraire a une obligation qui 6tait au-dessus de ses forces, puisque la r<§publique inanquait de flottes pour proteger les possessions fran- caises claus le golfe du Mexique. Par cette raison, la pretend ue garantie stipubSe par le traite de 1778, 6tait deveuue tout-a-fait illusoire pour la France. Aussi le premier consul ne fit-il pas beaucoup de difficult6 d'admettre cette ratification modifice, quoique peu usit6e dans la diplo- matie moderne. II ajouta seulement a son acceptation cette phrase : ' bien entendue que, par ce retrancbement, les deux etats r^noncent aux pretensions respectives qui sont l'objet du dit articles,' annoncant ainsi qu'on n'accoueillirait dor<§navant aucuae reclamation des Am6ricains pour indemoite" due a raison de batiments illegalement enlev^s par les cosaires francais." 1 II. Treaties expired by their own limitation : So much of the Treaty of 1824 with Colombia, and of 1825 With Central America as relates to com- merce and navigation ; Colombia, 1824 ; France, 1800 ; Great Britain, Articles XI to XXVIII, inclusive, of the Treaty of 1794 ; Morocco, 1787 ; Prussia, 1785, (but the twelfth article is revived by the Treaty of 1828 ;) Prussia, 1799, (but Articles XIII to XXIV are revived by the Treaty of 1828;) Sweden, 1783, together with the Separate Articles, (but Articles 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, and 25 of the Treaty, and Articles 1, 2, 4, and 5 of the Separate Articles are re. vived by the Treaty of 1827.) III. Treaties terminated in consequence of notice given in accordance with the provisions of the Treaty : Belgium, 1845; so much of the Treaty of 1828 with Brazil as relates to commerce and navigation ; Chili, 1832 ; Chili, 1833 ; Eeciprocity Treaty with Great Britain, 1854 ; Peru, 1851 : Peru, 1857 ; Venezuela, 1836 ; Venezuela, 1860. IV. Treaties with countries whichhave been annexed to the United States: Texas, 1838. Two Treaties. V. Treaties with Powers which have been absorbed into other nationali 1 6 Garden, traites de pais, 131. "The motive which induced the American Govern- ment to insist upon the ■withdrawal of an article which committed it to nothing appears to have been, to leave no doubt respecting its firm determination never to consent to a renewal of the Treaties of 1778 ; and if such a recognition, rare among individuals, is not a duty of governments, the President thought himself authorized to seize the opportunity to release himself from an obligation which was beyond his powers, since the republic had no navy with which to protect the French possessions in the Gulf of Mexico. For this reason the pretended guarantee, stipulated by the Treaty of 1778, had become illusory for France. .The First Consul, therefore, had not much difficulty in accepting this modified ratification, though quite unusual in modern diplomacy. He only added to his acceptance this phrase : " Provided that by this retrenchment the two States renounce the respective pretensions which are the object of the said article," thus giving notice that thenceforth he would receive no recla- mation from the Americans for indemnities due in consequence of illegal seizures of vessels by French privateers." 948 NOTES ABROGATED OR OBSOLETE TREATIES. ties by conquest : Algiers, 1795; 1815; 1816; French jurisdiction is ex- tended by conquest over Algiers, and Consuls are acting there under French exequaturs. Hanover, 1846 ; 1855 ; 1861. The jurisdiction of Prussia was extended over Hanover by conquest in 1866, and Hanover now constitutes a part of the Kingdom of Prussia. Nassau, 1846. Prussian jurisdiction was extended over Nassau by conquest in 1866. Netherlands, 1782. A war between the United Provinces and France broke out it 1793. In 1795 the Stadtholder was driven from the coun- try and the Batavian Republic was established. This was succeeded by the Kingdom of Holland, after which the country was incorporated into the French Empire, and remained a part of that Empire until the abdication of Napoleon. On the reconstruction of Europe at the Con- gress of Vienna, a new Kingdom was formed, called the Kingdom of the Netherlands, in which was included the territories which had formed the United Provinces of the Netherlands. The new Power opened Diplomatic Relations with the United States by sending a Minister to Washington, who proposed " to open negotiations for a treaty of Amity and Commerce." [ Monroe replied to this in a letter already quoted. The negotiations having been suspended, the Dutch Minister called the attention of Monroe to " the overtures made by Changuion for the pur- pose of consolidating the commercial relations between the two coun- tries by a renewal or a modification of the Treaty of Commerce of 1782." 2 Monroe answered : " Mr. Changuion having intimated, by order of his government, that the Treaty of 1782 was to be considered, in conse- quence of the events which have occurred in Holland, as no longer iu force, and having proposed also to enter into a new Treaty with the United States, this Government has since contemplated that result. It is presumed that the former Treaty cannot be revived- without being again ratified and exchanged in the form that is usual in such cases, and in the manner prescribed by our Constitution." 3 Ten Cate replied, "His Majesty will undoubtedly be disposed to enter into the views of the American Government with regard to the consolidation, by some means, of the commercial relations between the two States." 4 The ne- gotiations failed for reasons stated in the President's Message to Con- gress. 5 The United States subsequently attempted to maintain that the Treaty was not abrogated, but the claim was resisted, and a long correspondence ensued. 6 The Dutch Foreign Minister maintained that from 1795 to 1814 " the political existence of Holland was then termi- nated," that " Holland had ceased for a long time to form an independ- ent State." 7 The United States acquiesced in this statement. In a re- i Changuion to Monroe, February 24, 1815, MS. Dept. of State. 2 Teu Cate to Mon- roe, April 4, 1816, MS. Dept. of State, » Monroe to Ten Cate, August 17, 1816, MS. Dept. of State. 4 Ten Cate to Monroe, Sept. 16, 1816, MS. Dept. of State. 5 4 F. R. F, 172. »5F.E. F., 598-629. ' Baron de Nagell to Alexander H. Everett, 14th June, 1819. lb., 608. NOTES — ABROGATED OR OBSOLETE TREATIES. 949 cent correspondence the United States have informed the Minister of Holland that " The Treaty of 1782 is no longer binding on the parties." 1 The principle of public law which causes Treaties under such circum- stance to be regarded as abrogated is thus stated : « The obligations of Treaties, even where some of their stipulations are in their terms per- petual, expire in case either of the contracting parties loses its existence as an independent State, or in case its internal constitution is so changed as to render the Treaty inapplicable to the new condition of things." 2 VI. Treaties expired in consequence of the dissolution of the Federation with which they were made: Colombia, 1824; Central America, 1825; Peru, Bolivia, 1836. VII. Treaties or Parts of Treaties for ichich other agreements have been substituted by acts of the Parties : China, 1844, (Treaty of 1858 substi- tuted so far as the provisions relate to identical subjects ;) Great Brit- ain, 1827, (Treaty of 1846 substituted ;) Great Britain, 1862, (provisions as to mixed Tribunals abolished by the Treaty of 1870 ;) Japan, 1854, (the Treaty of 1858 substituted for so much as conflicts with the latter;) Mexico, 1831, (Art. 33 abrogated by Art. 2 of Treaty of 1853 ; and 1848, Arts. 6, 7, and 11 renounced by the Treaty of 1853 ;) Kussia, 1824, (Arts. 3 and 4 made inoperative by the Treaty of 1887;) Sardinia, 1838, (the Treaty of 1871 with Italy takes its place ;) Tunis, 1777, (Arts. 6, 11, 12, and 14 modified by the Treaty of 1824 ;) Two Sicilies, 1832, (Treaty of 1855 substituted, and the Treaty with Italy of 1871 takes the place of that.) VIII. Treaties the Executory Parts of which are claimed to have been terminated by war : Great Britain, 1782, 1783, 1794, and the Additional and Explanatory Articles thereto, and 1802; Mexico, 1828, 1831, (re- vived by Art. 17 of the Treaty of 1848;) Additional Article to Treaty of 1831. After the conclusion of the Treaty of Ghent it was claimed by Great Britain that the rights which the Americans had enjoyed in the British fisheries before the war, under the Treaty of 1783, had been lost through the abrogation of the Treaty in consequence of the war. John Quincy Adams, who was the United States Minister at London at that time, contended that the Treaty of 1783 was not " one of those which by the common understanding and usage of civilized nations is or can be con- sidered as annulled by a subsequent war between the same parties. 3 Lord Bathurst replied, " To a position of this novel nature Great Britain cannot accede. She knows of no exception to the rule that all Treaties are put an end to by a subsequent war between the same parties." 4 During the negotiations which followed Great Britain never abandoned 1 Mr. Fish to Mr. de Westentrarg, 9th April, 1873, MS. Dept. of State. 2 Halleck's In- ternational law, 899 ; see also Vattel Droit des Gens Liv. 2. ch. 1*2, § 176 ; Wheatou's Elements, part 3, ch. 2, § 10 ; Wiedman's Int. Law, v. 1, ch. 4. 3 4 F. R. F., 352. * lb., 354. 950 NOTES ALIENS AND ALIENAGE. that position, and the United States may be said to have acquiesced in it. By it they secured the exclusion of Great Britain from the Missis- sippi, the free and open navigation of which was granted to the sub- jects of Great Britain forever by the Treaty which Lord Bathurst set aside. The political department of the Government of the United States as- sumed the same position during the Mexican war. President Polk, in his annual message to Congress, in December, 1847, said, "A state of war abrogates Treaties previously existing between belligerents, and a treaty of peace puts an end to all claims for indemnity." 1 The views of the highest court of the United States on the subject of the abrogation of a Treaty by war are stated in the Introduction to these Notes. AEIEjVS AND ALIENAGE. The instructions to Jay, in 1794, left it to the discretion of that Min- ister " whether * * the subject of a Commercial Treaty may not be * * broken to the British Ministry." Should that be done, the " gen- eral objects" which it should effect were enumerated; among these it is said, "10th. The intercourse with England makes it necessary that the disabilities, arising from alienage in cases of inheritance, should be put upon a liberal footing, or rather abolished." 2 The 9th Article of the Treaty of 1794 with Great Britain provides that British subjects then holding lands in the territories of the United States may continue to hold them according to the nature and tenure of their respective estates, and titles therein ; and may grant, sell, and de- vise the same as if they were natives ; and that neither they, nor their heirs or assigns, shall, so far as may respect the said lands and the legal remedies incident thereto, be regarded as aliens. In a case arising under this Article the Supreme Court of the United States held that the stipulation which it contains was within the consti- tutional powers of the Union. 3 Attorney-General Gushing says that the case of Fairfax Less. vs. Hunter presented "the direct constitutional question in its fullest con- ditions," and adds that this is "a stipulation of Treaty, constitutional in substance and form." 4 It has, however, been questioned in later times by a Justice of the Supreme Court, whether the General Govern- ment can, by Treaty, control the succession of Eeal Estate in a State. 5 In 1870 a proposal was made to the Department of State to open ne- gotiations with a Foreign Power, with a view of conferring upon cifci- 1 Globe, 1st Sess. 30th Cong., 5. 'IP. R. F., 473. 3 Fairfax's Lessee vs. Hunter's Lessee, 7 Cranch, 627 ; see also Orr vs. Hodgson, 4, Wheaton, 453 ; Blight vs. Roches- ter, 7 Wheaton, 535 ; Hughes vs. Edwards, 9 Wheaton, 489 ; Shanks vs. Dupont, 3 Peters, 242; Ware vs. Hyltou, 3 Dallas, 242 ; Chirac vs. Chirac, 2 Wheaton, 259. 4 8 OP' At.-Gen., 417, Cushuig. 6 Provost vs. Greneaux, 19 Howard, 7, NOTES AUBAINE, DEOIT d'. 951 zens of each the power of holding, disposing of, and succeeding to real estate in the territories of the other. In deference to the doubts sug- gested from the bench, the question was submitted to the Committee of Foreign Eelations of the Senate for advice. After full consideration they advised the negotiation of a Treaty for that purpose if possible. 1 When the contents of the Treaty of 1794 became known, it was received with discontent, and petitions, all couched in the same language, were cir- culated through the country for signatures, in order that they might be presented to the House of Eepresentatives in opposition to the Treaty. Ten instances were mentioned in these petitions in which the Treaty was supposed to have encroached upon the legislative powers vested in Con- gress. The seventh of these was "in changing the terms of and estab- lishing a rule to hold real estate." 2 This point was not dwelt upon, how- ever, in the discussions in Congress. A glance at the Title " Eeal Estate" in the analytical index will show that the Executive Department of the Government has adopted the views of the Constitution taken by the Supreme Court in the case of Fairfax and Hunter, and that many Treaties have been concluded, through successive administrations, in which this power over real estate has been claimed and exercised. For an opinion of Attorney-General Cushing on the subject of Es- tates of Foreign Decedents, see v. 8 of the Opinions of the Attorneys- General, p. 98. AUBAIWE, DROIT »'. "The municipal laws of all European countries formerly prohibited aliens from holding real property within the territory of the State. Dur- ing the prevalence of the feudal system, the acquisition of property in land involved the notion of allegiance to the Prince within whose domin- ions it lay, which might be inconsistent with that which the proprietor owed to his native Sovereign. It was also during the same rude ages that the jus albinagie or Droit d'Aubaine was established ; by which all the property of a deceased foreigner (movable and immovable) was con- fiscated to the use of the State, to the exclusion of his heirs, whether claiming ab intestato or under a. will of the decedent. In the progress of civilization this barbarous and inhospitable usage has been, by de- grees, almost entirely abolished. This improvement has been accom- plished either by municipal regulations or by international compacts founded upon the basis of reciprocity. * * * The analogous usage of the droit de detraction or droit de retraite, (jus detractus,) by which a tax was levied upon the removal from one State to another of property ac- quired by succession or testamentary disposition, has also been recip- rocally abolished in most civilized countries." 3 •Mr. Sumner, Chairman of Senate Com. of Foreign Relations, to Mr. Fish, April 21 1870, MS. Dept. of State. ^2 Pitkin's History U. S., 454, note. 3 Wheaton's Elements of International Law, Part II, Chapter II, Section 82. 952 . NOTES — AUSTRIA-BARBARY STATES. AUSTRIA. The period for exchanging the ratifications of the Commercial Treaty of 1829 with Austria was extended, with the advice and consent of the Senate, (February 3, 1831.) The Emperor's consent was expressed in the certificate of ratification February 10, 1831. The Treaty was com- municated to the House of Bepresentatives by the President on the 2d of March, 1831. 1 On the 13th of February, 1850, the Senate extended the time for ex- changing the ratifications of the Treaty of 1848 to July 4, 1850, and the ratifications were exchanged on the 23d of that month. The naturalization Treaty was sent to the Senate on the 12th day of December, 1870, with the correspondence relating to it. The ratifica- tions not being exchanged within the limitations of the Treaty, the time was extended three months. BABBABY STATES. "Before the war of Independence, about one-sixth of the wheat and flour exported from the United States, and about one-fourth in value ot their dried and pickled fish, and some rice, found their best markets in the Mediterranean." 2 This trade then employed about 12,000 men, and 20,000 tons of ship- ping, and was protected by British passes. 3 The war of the revolution having abrogated this protection, Congress early took into consideration plans for substituting another in its place. In the sketch for a Treaty which that body, on the 17th of September, 1776, agreed that their Commissioners should endeavor to conclude with the French King, an article was ins0rted to the effect that France should protect, defend, and secure, as far as in its power, the subjects, people, and inhabitants of the United States and their vessels and effects against all attacks, assaults, violences, injuries, depredations, or plun- derings, by or from the King or Emperor of Morocco, or Fez, and the States of Algiers, Tunis, and Tripoli, and any of them, and every other Prince, State, and power on the coast of Barbary, 4 and the Commis- sioners were instructed that this article "ought to be obtained, if pos- sible ; but should be waived rather than that the Treaty should be in- terrupted by insisting upon it." 5 The Commissioners did not obtain such protection. Instead of it, the King of France in the Treaty, of 1778, agreed to "employ his good offices and interposition" with those powers, "in order to provide as fully and efficaciously as possible for the benefit, conveniency, and safety of the said United States, and each of them, their subjects, people, and inhabitants, and their vessels and 1 H. E. Doc. 129, 2d Sess. 21st Cong. 2 Report of Mr. Jefferson, Secretary of State, 1 F. E.F.,104. s 2 Lyman's History of the Diplomacy of the United States, 339. 4 2 Secret Journals of Congress, 10. 5 lb., 28. NOTES BAKBARY STATES. 953 effects, agaiust all violence, insults, attacks or depredations on the part of the said Princes and States of Barbary, or their subjects." 1 The recognition of the Independence of the United States by Great Britain found no steps taken in this direction, for reasons which appear in the official correspondence. 2 Mr. Adams, therefore, wrote to the President of Congress on the 10th September, 1783: "There are other Powers with whom it is more necessary to have Treaties than it ought to be; I mean Morocco, Algiers, Tunis, and Tripoli. * * * If Con- gress can find funds to treat with the Barbary Powers, the Ministers here are the best situated. * * * Ministers here may carry on this negotiation by letters, or may be empowered to send an agent if neces- sary." 3 Congress authorized a Commission to be issued to Mr. Adams, Dr. Franklin, and Mr. Jefferson, which was done on the 12th of May, 1784, empowering them, or a majority of them, to treat with Morocco, Algiers, Tripoli, and Tunis, as well as with the several Powers of Europe. 4 On the 28th of March, 1785, these Commissioners addressed a joint note to Count de Vergennes, asking his advice upon the conduct of their negotiations, and requesting that the good offices of the French King should be interposed with the Emperor of Morocco, according to the tenor of the 8th Article of the Treaty of 1778. 5 Franklin left Paris for America on the 12th of July, 1785, 6 and Adams and Jefferson, finding themselves engaged in the negotiation of Treaties with European Powers, and having received authority to empower substitutes to negotiate with the Barbary States, in October of that year commissioned Thomas Barclay to negotiate with Morocco, 7 and John Lamb to negotiate with Algiers, 3 and they reported their 'pro- ceedings to Jay, who referred them to Congress, with a recommen- dation that they should be approved. In the spring of the next year Jefferson was induced to go to Lon- don to meet Abdrahaman, the Tripoline Ambassador, who expressed a desire to negotiate with the Commissioners. 9 They found " that 30,000 guineas for his employers, and £3,000 for himself, was the lowest terms upon which a perpetual peace could be made," and that Tunis would treat upon the same terms, "but he would not answer for Algiers or Morocco." 10 These demands were so exorbitant that the negotiations were suspended. 11 Morocco. Barclay was, however, instructed to continue his negotiations with Morocco. 12 iArt.8. "1 D. C, 1783-'89, 570-571. H D. C, 1776-'83, 116. < 1 D. C, 1783-'89, 501-2. 5 1 D. C, 1783-'89, 568. This letter is printed incorrectly, with the date of " Passy, March 28, 1786." On that day Adams and Jefferson were in London, and Franklin was in America. 6 10 Franklin's Works, 222. ' 1 D. C, 1783-'89, 656. 8 lb., 657. 9 lb., 728- 10 lb., 604. "lb.. 768. "Tli, 954 NOTES BARBARY STATES. By the 16tti of July, 1788, a Treaty -with Morocco was nearly agreed upon. 1 After its conclusion Count de Vergennes wrote to the French Minister in the United States : "You can assure the Congress that the King will seize with eagerness all occasions to facilitate their good in- telligence with the Barbary Powers. * * The Treaty which has been recently signed with this last Power (Morocco) * * will be the best refutation of the suspicions which many public papers are willing to inspire against our system of policy." 2 On the death of the Emperor who concluded the Treaty, twenty thou- sand dollars was appropriated by Congress "to the purpose of effecting a recognition of the Treaty * * with the new Emperor ;" 3 and in- structions were sent to secure the recognition for the twenty thousand dollars if possible; if not, for twenty-five thousand. 4 The Treaty was renewed, or rather recognized, by the new Emperor, who wrote to President Washington, " We have received the present at his [the Consul's] hands with satisfaction. * * Continue writing let- ters to us; * * we are at peace, tranquillity, and friendship with you, in the same manner as you were with our father, who is in glory." 5 In 1803 a Moorish pirate captured an American vessel, which was re- leased by force by an American frigate ; and when hostile demonstra- tions were threatened for this breach of the Treaty, the Emperor issued an order that "the American nation are still, as they were, in peace and friendship with our person, exalted of G od." 6 The Treaty concluded in 1787 to endure for fifty years, was, in its forty-ninth year, renewed for another fifty years, and for such further time as it should remain unaffected by notice. 7 In 1865 a convention was concluded for maintaining a light-house at Cape Spartel. The correspondence respecting it will be found in the Senate documents. 8 Algiers. About the commencement of the year 1791, Mr. Jefferson, the Secre- tary of State, reported to President Washington that there were held captive as slaves in Algiers two American Masters, for whose ransom 3,000 sequins each were demanded ; two mates, for whom 2,000 sequins each were asked ; and ten sailors, held at 750 sequins each ; 9 and he reported to Congress that the navigation into the Mediterranean had not been resumed at all since the peace ; and that the sole obstacle had been the unprovoked war with Algiers, and the sole remedy must be to bring that war to an end, or to paliate its effects." 10 1 lb., 814. * lb., 242. HF.E. F., 238. « Randolph to Humphreys, March 28, 1795. ■ lb., 525. H F. R. F., 527. °2 P. R. P., 591-2. ? H. E. Doc, 145, 2d Sess. 24th Cong. 8 Confidential Executive Document X, 1st Session 39th Congress. 9 1 F. R. F., 119- 10 lb., 104. NOTES BARBARY STATES. 955 On the 8th of May, 1792, President Washington asked the Senate whether iu case a Treaty should be concluded with Algiers for the ran . som of the thirteen Americans for a sum not exceeding forty thousand dollars, the Senate would consent ; and whether they would consent to a Treaty of Peace stipulating for the payment of $25,000, on the signa- ture of the Treaty, and a like sum annually I 1 The Senate answered each question in the affirmative, 2 and the President appointed Admiral John Paul Jones a Commissioner to negotiate a Treaty, 3 with Thomas Barclay as a substitute, in case Jones should not act." Jones died be- fore the appointment could reach him, and Barclay died soon after, with- out going to Morocco. Ool. David Humphreys, then the Minister of the United States at Lisbon, was thereupon appointed a Plenipotentiary in their place. 5 Eight hundred thousand dollars were placed at his disposal, and he was instructed that " the President has under considera- tion the mode in which the eight hundred thousand dollars may be ex- pended in the purchase of a peace ; that is, how much shall be applied to the ransom, and how much to the peace." 6 More precise instruc- tions followed on the 25th of August, 1794. 7 A Swede named Skjolde- braud, brother of the Swedish Consul at Algiers, interested himself in the unfortunate captives, and informed Humphreys (who remained at Lisbon) that a peace could be obtained for the United States for about the following sums, (in dollars,) viz : " For the Treasury, in money or timber of construction, fifty thousand ; For the great officers and rela- tions of the Dey, one hundred thousand ; Consular present, thirty thou- sand ; Redemption of slaves, from two hundred to two hundred and fifty thousand; in all between six and seven hundred thousand; together with an annual tribute of from twenty -five to thirty thousand ; and a Consular present every two years of about nine or ten thousand dol- lars." 8 Humphreys sent this communication home, and received in- structions "that Skjoldebrand's terms are to be acceded to, if better can- not be obtained." 9 Only a few days before this instruction was written, the Secretary of State had informed Col. Humphreys of the wishes of the Government and the country on this subject: "You are by this time," he said, " apprized of the expectation of the President, that you will continue your labors on this head, and of your title to draw for eight hundred thousand dollars, to soothe the Dey into a peace and ransom. The humanity of our countrymen has been long excited in be- half of our suffering fellow-citizens." 10 In March, 1795, Donaldson, the Consul to Tunis and Tripoli, was associated with Humphreys, and the latter was also authorized to employ Skjoldebrand in negotiat- ing the Treaty with the Dey. 11 Joel Barlow was added to the negoti- ators by Monroe and Humphreys in Europe. 13 Donaldson arrived in Algiers on the 3d of September, and concluded the Treaty on the 5th, 1 lb., 136. 2 lb., 290. » lb. * lb., 292. g lb., 294. « lb., 528. 7 lb., 529. 8 Ib. 9 Ran- dolph to Humphreys, Nov 21,1794, MS. Dept. of State. 10 Randolph to Humphreys, Nov. 8, 1794, MS. Dept. of State. >' 1 F. R. P., 529. la lb., 553. 956 NOTES BAEBAEY STATES. on which day Barlow arrived, and they joined in their report to Hum- phreys. 1 Congress was informed by President Washington, in his speech at the opening of the second session of the Fourth Congress, of the probability that the Treaty would be concluded, "but under great, though inevi- table disadvantages in the pecuniary transactions occasioned by that war." 3 A few days later the House called for information as to the measures taken to carry the Treaty into effect, 3 which was communi- cated confidentially on the 9th January, 1797. 4 The Bill making appro- priations for these objects was discussed with closed doors, 5 and was passed February 22, 1797, by 63 ayes to 19 nays. 6 The Secretary of the Treasury estimated the whole expense of fulfilling the Treaty at $992,463.25. 7 In March, 1802, President Jefferson was able to advise Congress that " the sums due to the Government of Algiers are now fully paid up." 8 In 1808, an enquiry being made by Congress respecting the payments to Algiers, the Secretary of State reported that they were " of two kinds : 1st. That stipulated by Treaty, viz : Twelve thousand sequins, equal to twenty-one thousand six hundred dollars, made annually in naval stores. 2d. Those made in conformity with what is called usage at Algiers, by which it is understood we are bound. These are — 1. The present on the presentation of a Consul, $20,000. 2. The biennial presents to the of- ficers of the government, estimated at $17,000. 3. Incidental and con- tingent presents, as well on the promotion of the principal officers of the Dey and regency, as for the attainment of any important object. Of these no estimate can be made." 9 The course pursued by Algiers during the last war with Great Britain induced President Madison, in February, 1815, to recommend Congress to declare war against the Dey. The Committee to whom the message was referred reported that war existed and was being waged by the Dey against the United States. 10 A naval force was despatched to Algiers, and an Algerine frigate " and brig 12 were captured en route to that place. The squadron arrived off Algiers on the 28th of June, and on the 29th opened communications with the Government. The next day the Dey proposed a Treaty. The American negotiators replied by forwarding a draft for a Treaty, and by declaring that " the United States would never stipulate for paying tribute under any form whatever." The Dey and his officers asked for time, but it was refused. " They even pleaded for three hours. The reply was, " not a minute," and the Treaty was signed and the prisoners released. 13 The papers relating to the only remaining Treaty with Algiers (that of 1816) will be found in 5 F. E. F., 133, et seq. 1 lb., 554. * Annals 2d seas. 4th Cong., 1593. 3 lb., 1703, 1763-7. 4 lb., 2235. 6 Ib.. 1895,2235. * lb., 2246. 7 lb., 2239. 1 F. R. F., 555. s 2 F. K. F., 381. >> 3 p. R. p. ( 33. 10 lb., 748-9. " Annals 1st sess. 14th. Congress, 1767. 1J lb., 1762-3. « Decatur and Sbaler to Monroe, lb., 1475. See also lb., 1762, et seq., and 4 F. E. F., 6. NOTES BARBAEY STATES. 957 Tripoli. On the 4tli of November, 1796, Barlow concluded a Treaty with the Bashaw of Tripoli. "The price of the peace was advanced" to the United States by the Dey of Algiers. 1 But the Bashaw did not long- rest contented. In April, 1800, he told Oathcart, the American Con- sul, to say to the President that he was " pleased with the proffers of friendship," but " that had his protestations been accompanied with a frigate or brig of war, * * he would be still more inclined to believe them genuine/' 2 On the 12th of May he said to him, " Why do not the United States send me a voluntary present ? * * I am an independ- ent Prince as well as the Bashaw of Tunis, and I can hart the commerce of any nation as much as the Tunisians." 3 The same month he wrote to the President, " Our sincere friend, we could wish that these your ex- pressions were folio wed by deeds, and not by empty words. * * If only flattering words are meant, without performance, every one will act as he finds convenient. We beg a speedy answer, without neglect of time, as a delay on your part cannot but be prejudicial to your interests." 4 The answer made was a naval squadron and a war against Tripoli on land and at sea, which was terminated on the 4th of June, 1805, by a Treaty signed on board of an American man-of-war in the harbor of Tri- poli. 5 ' Nothing was paid for the peace. Prisoners were exchanged man for man, and $60,000 were paid by the United States for the release of the number of American prisoners in the hands of the Tripolines over and above the number of Tripolines in the hands of the Americans. They were about two hundred. Tunis. The Treaty with Tanis was negotiated under the directions of Barlow in 1797. 6 It;cost one hundred and seven thousand dollars, viz : $35,000, Begalia; $50,000, Peace; $12,000, Peace presents ; $4,000, Consul's pre- sents; and $6,000, Secret service. The Senate advised its ratification, on condition that the 14th Article should be modified. 7 This modifica- tion appears to have been assented to in 1799. 8 See 2 P. E. P. 799, and 3 P. E. P. 394, for correspondence, &c, respecting other questions arising between the two Powers. In 1824 the modified Articles were agreed to in the form in which they now stand. 9 General remarks. In the interesting report of Jefferson to the House of Eepresentatives concerning the Mediterranean Trade, which has been already referred.to, 10 three modes of dealing with the Barbary pirates are indicated : 1. To 1 President Adams's Message to Congress, June 23, 1797, 2 P. E. F., 65. For the Mes sage communicating it to the Senate, see 3 Annals 5th Congress, 3094. s 2 F. E. F., 350 3 lb. * lb., 352. 6 lb., 717-718. 6 2 F. E. F., 123-5. ' lb-, 126. » lb., 281. See, also, 3 Annals 15th Cong., 3287. e> 5 F. E. F., 430. 10 1 F. E. F.,104. 958 NOTES — BAVAEIA-BELGIUM. ensure vessels and cargoes and to agree upon a fixed rate of ransom for prisoners. 2. To purchase peace. 3. To conquer a Peace ; and he con- cludes : " It rests with Congress to decide between war, tribute, and ransom, as the means of re-establishing our Mediterranean commerce." Under the policy adopted by Congress the "total amount of real ex- penditures" "exclusive of sundry expenses incurred but not yet paid'' were stated by the Secretary of the Treasury, on the 30th July, 1802, at $2,046,137.22. 1 This was before the war with Tripoli. The Statutes under which payments were made are the follow- ing: 1791, ch. 16, 1st Stat, at Large, 214; 1792, ch. 24, lb., 256 ; 1796, ch. 19, lb., 460; 1797, ch. 12, lb., 505; 1797, ch. 12, lb., 553; 1798, ch. 18, lb., 544; 1799, ch. 28, lb., 723; 1800, ch. 47, 2 Stat, at Large, 66; 1803, ch. 19, lb., 215 ; 1804, ch. 21, lb., 269 ; 1805, ch. 21, lb., 321 ; 1806, ch. 33, lb., 388 ; 1807, ch. 29, lb., 436 ; and from this time forward there was an annual appropriation until the Tribute was terminated. BAVARIA. The words "real and" in parentheses on page 52 are encircled iu red ink in the original. The cause of this is the following : The Treaty was submitted to the Senate, and ratified by it on the 15th March, 1845, with an amendment striking out from the third article the words "real and." The copy for exchange, with this amendment, was sent to Mr. Wheaton* and a copy was transmitted by him to the Bavarian Minister at Berlin ; and after long deliberation the amendment was accepted by the Bava- rian Government. 2 BELGIUM. On the 20th of August, 1857, Mr. Bosch Spencer, the Belgian Minis- ter at Washington, wrote General Cass, the Secretary of State, thus : "Le soussigne" a 6te~ charge" par le gouvernement du roi, de d£noncer officiellement le traite" du dix novembre 1845, ainsi qu'il a l'honneur de la faire aujpurd'hui en addressant la prtisente communication aThon- orable secretaire d'etat des Etats-Unis." 3 General Cass acknowledged the receipt of this notice on the 3d of September, 1857. The ratifications of the Consular Convention of 186S were not ex- changed within the time limited by the Treaty. The Senate by resolu- tion of March 2d, 1870, confirmed an exchange made at a later day. >2 F. R. F., 369. 2 Buchanan to Wheaton, No. 68, 27th March, 1845. Wheaton to Buchanan, No. 276, 5th Nov., 1845. MS. Dept. of State. 3 "The undersigned has been charged by the Government of the King to terminate officially the Treaty of the 10th of November, 1845, as he now has the honor to do by addressing the present communi- cation to the honorable Secretary of State of the United States." MS. Records, Dept. of State. NOTES BORNEO-BKAZIL. 959 BORNEO. For the correspondence relating to the negotiation of the Treaty with Borneo, see "Message from the President of the United States in an- swer to a Eesolution of the Senate calling for information in relation to the mission of Mr. Balestier, late United States Consul at Singapore, to Eastern Asia," February 12, 1852. 1 BRAZIL. On the 26th of March, 1840, Mr. Chaves, the Brazilian Minister at Washington, wrote thus to the Secretary of State : "Le gouvernement imperial est mis dans l'obligation de ne pas prolonger la dur<§e du traite" conclu entre l'enipire et cette republique le 12 d^cembre 1828, au-dela du terme 6nonc6 dans 1'aArticle 11 du meme traits ; devant par con- sequent le dit traite etre termine a l'expiration de douze mois a compter de cette date, pour les articles seulement qui serapportent au commerce et a la navigation." 3 This notice was received on the 27th of March, 1840, and was answered by Mr. Forsyth, Secretary of State, on the 20th of June, 1840, thus: "Although each party has reserved to itself the right of terminating the Treaty at the expiration of twelve months from the date of the notification of its intention ; yet the privilege of giving such notification is so restricted that neither party can. give it before the expiration of the tsvelve years stipulated for the duration of the Treaty ; that consequently the earliest date at which the notice in- tended to be conveyed by Mr. Chaves' note can be given, is the 12th of December of this year ; and that the earliest period at which, under any circumstances, the Treaty can cease to be operative, is the 12th of December of the year 1841. The President, however, anxious at once to gratify the wishes of the Braziliau Government, and to show, by his readiness to comply with the spirit of the Treaty, the sincerity of the disposition with which, in all its clauses, it has been fulfilled by the United States, is willing to overlook the departure from the strict letter of the instrument involved in the premature notice given in Mr. Chaves' note, and to receive said notice as if given in accordance with the terms of the Treaty at the expiration of the twelve years." 3 For the correspondence in the negotiation of the Treaty, see House Executive Document 32, 1st Session 25th Congress. 1 S. E. Doc. 38, 1st Sess. 32d Cong. 2 " The Imperial Government is obliged not to prolong the duration of the Treaty concluded between the Empire and this Republic, of Dec. 12, 1828 ; therefore, by the terms contained in Article 11 of the said Treaty, at the expiration of twelve months from this date the said Treaty ■will be terminated, only for the articles relating to commerce and navigation." MS.J Records, Dept. of State. 3 Ib. 960 NOTES CENTEAL AMERICA-CHILI. CENTRAL AMERICA. The federation of the States of Guatemala, San Salvador, Honduras, Nicaragua, and Costa Eica, under the name of the United States of Central America, was proclaimed July 1, 1823, 1 and was dissolved in 1838. 2 But one Treaty (1825) was concluded with this power, the arti- cles in which, relating to commerce and navigation, expired by their own limitation on the 2d of August, 1838 ; the remaining articles were abrogated by the dissolution of the Federation. But, on the 19th of April, 1850, the United States agreed with Great Britain that neither party should occupy, or fortify, or colonize, or as- sume, or exercise any dominion over any part of Central America. After this Treaty, the British occupation of the Mosquito coast con- tinued as it had been before the conclusion of the Treaty. This caused representations from the United States, which developed a wide differ- ence of opinion respecting the obligations which Great Britain had as- sumed. 3 The two Governments tried in vain to adjust these differ- ences by Treaty. Great Britain thereupon made separate arrangements with the several States— with Guatemala, April 30, 1857 f with Hon- duras, November 28, 1859 f and with Nicaragua, January 28, I860. 6 These separate arrangements are understood, in the aggregate, to com- ply with the expectations of the United States. CHILS. On the 19th of January, 1849. M. Carvallo, Chilian Minister at Wash- ington, wrote to Mr. Buchanan, Secretary of State, " que, en ejercicio de la facultad que por el articulo 31 del tratado de navegacion y comercio, celebrado en Santiago a 16 de Mayo 1832, se reservaron ambos gobiernos, el de Chili desea terminar dicho tratado ; lo que en conformidad del citado articulo tendra efecto el dia 20 deEnero del ano proximo future'" On the 22d of the following February Mr. Buchanan replied, saying that he had '• the honor to acknowledge the receipt of the note of Mr. Carvallo, * * giving notice pursuant to the 31st Article of the Treaty of Navigation and Commerce, concluded at Santiago on the 16th of May, 1832, that his Government desires to terminate that Treaty, and that in conformity with the article referred ito, the notice will take effect on the 20th of January next." 8 iAppleton's Cyclopedia, Guatemala. 3 Fish to Williamson, June 17, 1873. MS. Dept. of State. [Note. — The date of dissolution on page 108 is incorrect.] 3 S. E. Doc. 1, 1st Sess. 34th Cong., 42-120. " 49 British and Foreign State Papers, 7. 6 lb., 13. 6 50 lb., 96. i MS. Records, Dept. of State. " That, in the excess of the privilege which, by article 31 of the treaty of navigation and commerce, concluded at Santiogo on the 16th of May, 1832, both Governments reserved to themselves, that of Chili desires to terminate said treaty; which, in conformity with the article referred to, will take, effect on the 20th day of January next." 8 lb. NOTES CHINA. 961 For the correspondence respecting the seizure of the Brig Macedonian, see Senate Executive Document No. 58, 35th Congress, 1st Sess. The award of the King of Belgium, under the Treaty referring this claim to his decision, was in favor of the United States. It was dated the 15th of May, 1863. CHINA. On the 3d of March, 1843, an act was approved placing forty thousand dollars " at the disposal of the President of the United States to enable him to establish the future commercial relations between the United States and the Chinese Empire on terms of national equal reciprocity," 1 and on the 8th of the following May, Caleb Cushing was commis- sioned as Envoy Extraordinary Minister Plenipotentiary and Commis- sioner to China. He says of his mission there: "I entered China with the formed general conviction that the United States ought not to concede to any foreign State under any circumstances jurisdiction over the life and liberty of a citizen of the United States, unless that foreign State be of our own family of nations — in a word, a Christian State. * * In China I found that Great Britain had stipulated for the absolute exemption of her sub- jects from the jurisdiction of the Empire. * * I deemed it, therefore, my duty to assert a similar exemption on behalf of citizens of the United States. 2 A Treaty on this basis was concluded on the 3d day of July, 1844, and was communicated to the Senate by the President on the 22d of January, 1845 f and on the 28th of January the injunction of secresy was removed from the correspondence submitted with the Treaty. 4 On the exchange of the ratifications of this Treaty, it became necessary laws that should be enacted conferring judicial powers on Ministers and Consuls, in order that citizens of the United States in China might enjoy the protection and rights conferred by the Treaty. Congress proceeded in this matter with such good judgment, that all conflicting views were harmonized in Committee, and the act was passed without discussion, and was approved on the 11th of August, 1848. 5 Under this act it was originally held that Vice-Consuls could not be empowered to exereise judicial functions ; 6 but this decision was reversed by Attorney-General Cushing. 7 The act of 1848 empowered the Commissioner, with the advice of the several Consuls, to make regulations for carrying the provisions of the Treaty into effect. 1 5 St. at L., 624. 2 Cushing to Calhoun, Sept. 29, 1844, cited in 7 Op. At.-Gen., 497-9. 3 S. E. Doc. 58, 2d Sess. 28th Cong. * S. E. Doc. 67, 2d Sess. 28th Cong. » 9 St. at L., 276. « Consular Instructions of 1855, § 275. ' 7 Op. At.-Gen., 511. 61 962 NOTES CHINA. In November, 1854, Robert McLane, as Commissioner, made several "regulations," which were duly transmitted to Congress by the Presi- dent on the 15th of July, 1856. 1 On the 12th of December, 1856, regulations made by Peter Parker, a successor of McLane, were also transmitted to Congress. 2 William B. Reed was appointed Commissioner on the 18th of April, 1857. His instructions, which were communicated to the Senate by the President on the 20th of April, 1858, 3 directed him, by peaceful co- operation, to aid in the accomplishment of the objects which the allies were seeking " to accomplish by treaty stipulations." On the 10th of December, 1857, the President transmitted to Congress further regulations made by Parker on the 4th of March, 1857, for such revision as Congress might deem expedient. 4 The Senate Committee reported that these Regulations needed no revision, 5 and the Senate passed a resolution to that effect. 6 On the 20th of December, 1858, the President transmitted to the Sen- ate the correspondence of Commissioners McLane and Parker, but with- held the instructions of the Department to them. 7 This document con- tains 1424 pages, and exhibits in detail the questions which had arisen with China during the period it covers. On the 27th of December, 1858, the President transmitted to Congress a decree, aud a further regulation which had been made by Reed, who had been, appointed Minister Plenipotentiary. 8 The instructions of the Department of State to McLane and Parker, which were withheld from the public in 1858, were communicated to the Senate in I860. 9 With the instructions to Parker, the President also transmitted to Congress a mass of correspondence (624 printed pages) relating largely to the negotiations of the Treaty of Tien-tsin in 1858. In 1857, Mr. Marcy thought that " the British Government evidently had objects beyond those contemplated by the United States, and we ought not to be drawn along with it, however anxious it may be for our co-operation." 10 He writes to Parker on the 27th of February, 1857 : " The President does not believe that our relations with China warrant the 'last resort' you speak of. * * The ' last resort ' means war." 11 But in the following May, Mr. Cass, the Secretary of State, directs Reed to co-operate peacefully with the allied Powers for the objects named in his despatch. 12 It being proposed in Congress to change or modify the' act of 1848, Mr. Cass addressed a communication on the subject to the Chairman of 1 S. E. Docs. 32 and 92, 1st Sess. 34th Cong. » S. E. Doc. 6, and H. E. Doc. 11, 3d Sess. 34th Cong. 3 S. E. Dpc. 47, 1st Sess. 35th Cong. * H. E. Doc. 9, 1st Sess. 35th Cong. 6 Globe, 1st Sess. 35th Cong., 1203. « lb., 1555. » S. E. Doc. 22, 2d Sess. 35th Cong. 8 S. E. Doo.ll, and H. E. Doc. No. 21, 2d Sess. 35th Cong, s S. E. Doc. 30 and 39, 1st Sess. 36th Congress. I0 S. E. Doc. 30, 1st Sess. 36th Cong., 4., » lb.,. 6. ls lb., 7. NOTES CHINA. 963 the Senate Committee of Foreign Eelations. 1 Congress passed the Act June 22, I860. 2 Mr. Burlingame, in June, 1863, being the representative of the United States in China, wrote to Mr. Seward : " In my despatch No. 18, of June 2, 1862, 1 had the honor to write, if the Treaty Powers could agree among themselves to the neutrality of China, and together secure order in the Treaty Ports, and give their moral support to that party in China, in favor of order, the interests of humanity would be subserved. Upon my arrival at Peking I at once elaborated my views, and found, upon comparing them with those held by the representatives of England and Enssia, that they were in accord with theirs." 3 On the 15th of June, 1864, Burlingame instructed the Consul-General at Shanghai respecting "the extent of the rights and duties of Ameri- can citizens under the Treaty, and the regulations made in pursuance thereof;" 4 and he added, "I have submitted the above letter to the British, French, and Russian Ministers, and they authorize me to inform you they entirely approve its views and policy." 5 Burlingame described the policy he was prescribing as " an effort to substitute fair diplomatic action in China for force." 6 When this important action was commu. nicatedto Mr. Seward, Secretary of State, he wrote, " It is approved with much commendation." 7 On the 9th of November, 1864, Burlingame transmitted to the Depart- ment further rules and regulations for Consular Courts. 8 Seward re- plied that the despatch would " be submitted to Congress." 9 In 1866 Burlingame submitted for approval " land regulations" for the regulation and the government of the European Colony (the French excepted) at Shanghai, 10 In 1868 the powers agreed upon rules for joint investigation, under the Treaty, in cases of confiscation and fine by the Custom-House authorities. 11 In the summer of 1868 a Legation from China arrived at Washington, with Burlingame (who had left the service of the United States) as its chief. 12 The Treaty of 1868 was then concluded between them and the United States. There being some delay in the ratification of that Treaty on the part of China, Mr. Fish instructed Mr. Bancroft, the Minister of the United States at Berlin, thus: "lou will undoubtedly meet Mr. Burlingame * in Berlin. * * Impress upon him the importance to China of an early ratification of the Treaties. * * While the President cordially gives his adhesion to the principles of the Treaty of 1868, * * yet he earnestly 1 S. E. Doc. 43, 1st Sess. 36th Cong. » 12 St. at L., 72. See also Acts of Sept. 20, 1850. 9 St. nt L., 468, of March 3, 1859 ; 11 St. at L. 408, and of July 1, 1870 ; 16 St. at L., 183.; » 2 D. C, 1863 ; 937 of one imprint and 859 of the other imprint. * 3 D. C, 1864, 426. 6 Ib., 430. e lb. i lb., 440. a 2 D. C, 1865, 413. » lb.. 437. "> 1 D. C, 1867, 429. " S. E. Doc. 19, 3d Sess. 40th Cong. ™ 1 D. C, 1868, 601. 964 NOTES — CLAIMS. hopes that the advisers of His Majesty the Einperor may soon see their way clear to counselling the granting of some concessions." 1 In 1870 Congress enacted that the superior judicial authority con- ferred by the Act of 1860 on Consuls-General or Consuls, should be vested in the Secretary of State, and that in certain cases appeals should lie from the judgment of Consular Courts to the District Court of the United States for the District of California. 2 In an opinion dated September 19, 1855, Attorney-General Cushing reviews at length the effect of the Statute of 1848, and the extent of the judicial authority it confers upon Consuls. 3 Attorney-General Black held that it was limited to the ports mentioned in the Treaty.* The expenses of transporting prisoners held for trial from one port in China to another are a lawful charge upon the general appropriations for defraying the judicial expenses of the government in the absence of specific appropriations for the purpose. 5 In November, 1858, Commissioner Beed, on behalf of the United States, accepted five hundred thousand taels ($735,238.97) in full satis. faction of the claims of citizens of the United States against China. In the following March Congress passed an act providing for the cus- tody of the money, and authorizing the President to appoint Commis- sioners to examine and audit the claims with a view to its distribution. The manner in which this was done is set forth in detail in the House Executive Document No. 29, 3d Sess. 40th Congress. After the pay- ment of the awards in full the remainder of the money was remitted to the Department of State. It has been the subject of several reports from the Secretary of State, and of some discussions in Congress, but there has been no legislative action respecting it. 6 The administration by Consuls of the Exterritorial jurisdiction con- ferred by Treaty is considered in the Title " Consuls." CLAIMS. (See " Chili," "Denmark," "France," "Great Britain," "Neutrals," "Spain," "Venezuela.") The decision of an international tribunal, within the scope of its authority, is conclusive and final, and is not re-examinable. 7 It was decided by the Commission sitting in London under the Sev- enth Article of the Treaty of 1794 with Great Britaiu, that no claim for captured vessels should be allowed against Great Britain in which the claimants had failed to exhaust their remedies in the courts against the captors. 8 The same point is understood to have been held by the recent i F. B., 1870, 307. 2 16 St. at L., 183. 3 7 Op. At.-Gen., 495. 4 9 Op. At.-Gen., 294. See also 11 Op. At.-Geu., 474, Speed. 6 6 Op. At.-Gen.', 59, Cushing. 6 S. E. Doe. 58, 2d Sess. 41st Cong. ; H. E. Doc. 69, 2d Sess. 41st Cong. ; Globe, 2d Sess. 41st Cong., 2977J Globe, 2d Sess. 41st Cong., 4804. 7 Comegys vs. Vasse, 1 Peters, 212. 8 Gore and Pinekney to the Secretary of State, MS, Dept. of State. NOTES — CLAIMS. 965 mixed American-British Commission sitting in Washington, according to the provisions of the Treaty of 1871. 1 It was decided. by President Washington that it is the duty ot n neu- tral to use all the means iu its power to protect and defend their ves- sels and effects in its ports and waters, or on the seas near its shores, and to recover and restore the same to the right owners when taken from them; and that the same rule ought to be extended to captures made on the high seas and brought into the neutral port if done by ves- sels which had been armed within them. It was further held that when the neutral forbears to so use all the means in its power for the restitu- tion of such vessels, it is incumbent upon it to make compensation for them. The Commission in London, just referred to, decided that in proceedings before a mixed Commission to recover such compensation, it must be shown that proceedings had first been had in the courts of the country, and that there had been a miscarriage of justice. 2 In the arbitrations under Jay's Treaty, it seemed to be supposed that a party had the right to withdraw from the Commission under direc- tions from the political department of the Government. Great Britain claimed the same right in the notices to the Arbitrators in the late Arbitration at Geneva, which were given on the 15th of April, 1872. It may be questioned whether this is in accordance with the idea of an independent and impartial judicial Tribunal. A mixed commission is competent to decide upon the extent of its jurisdiction. 3 The proceedings of the Mixed Commission, held in London under the provisions of the Convention of 1853 with Great Britain, have been made public. 4 In several cases they appear to have considered and passed upon the question of their own jurisdiction. 5 In a few cases they were required to construe the Treaties between the two countries. In the case of the " John," captured by Great Britain after the time when, by the terms of the 2d Article of the Treaty of Ghent, hostilities should have ceased, and wrecked by the captor, it was held that the owners were entitled to compensation, as restitution could not be made. In the case of the " Washington," it was held that American fishermen were not excluded by the Convention of 1818 from fishing in the open waters of the Bay of Fundy. 7 Venezuela has asserted the right to set aside ex parte the award of a mixed commission. 8 This assertion, which strikes at the root of inter national arbitration, was resisted by Congress. 9 It was decided by the Tribunal of Arbitration at Geneva that claims for advanced rates of insurance, transfer of commercial marine, and the 1 See also 1 Op. At.-Gen., 25, Randolph. a Case of the Elizabeth. 3 Lord Chancellor Loughborough. See " Great Britain," post. 4 S. E. Doc. 103, 1st Sess. 34th Congress. 5 _B. (jr., The Dawson, The Lord Nelson, «3. 6 Ib., 427. ' lb., 170. 8 H. E. R. 79, 2d Sess. 41st Cong. ; H. E. Doc. 176, 2d Sess. 41st Cong. 9 17 St. at L., 477. 966 NOTES — COLOMBIA. prolongation of a war, do not constitute good foundation for an award of compensation or computation of damages between nations, 1 and that the general expenses of a war are not a good foundation for such an award. 2 It was also decided by that Tribunal that prospective earnings can- not properly be made the subject of compensation ; that claims for gross freights, so far as they exceed net freights, should be set aside; and that it is just and reasonable to allow interest on claims such as those submitted to that Tribunal. 3 Under the Seventh Article of Jay's Treaty, provision was made for a reference of claims of individuals upon the respective governments to a Commission. Attorney-General Breckinridge held that, in case of an award to several persons who do not appear to be in partnership, the right to the amount is in all collectively, and not individually, and that the right to transfer must be in all ; and that if the parties have neg- lected to have inserted in the award the amount of their respective interests, or if they disagree as to their several proportions, the em- barrassments are attributable to themselves ; the Government cannot undertake to decide among them. 4 On the 27th of May, 1855, Attorney-General Oushing rendered an opinion upon the " unskillfulness of public officers," which must be read as a whole to appreciate its reasoning aud its results. It demonstrates that claims against governments do not arise from such a cause. 5 COLOMBIA. At the opening of the first session of the Twelfth Congress, the House referred to a select committee the part of the President's message rela- ting to the Spanish American Colonies. 8 The Committee on the 10th of .December reported a joint resolution that "the Senate and House of .Representatives will unite with the Executive in establishing with them as Foreign and Independent States such amicable relations aud com- mercial intercourse as may require their legislative authority." 7 A letter from Monroe, then Secretary of State, transmitting a copy of the de- claration of Independence of Venezuela, and saying that he had no in- formation that any other of the Spanish provinces had entered into sim- ilar declarations, accompanied the resolution as reported by the Com- mittee. 8 The resolution was allowed to drop. On the 5th of December, 1817, the House requested the President to lay before it "such information as he may possess and think proper to communicate relative to the independence and political condition of the 1 4 Pap. rel. Tr. W., 20. 2 lb., 53. ' lb. * 1 Op. At.-Gen., 153. 5 7 Op. At.-Gen., 229. i lb., 428 and 3, F. E. F. 538. 8 lb., 539. NOTES — COLOMBIA. 967 Provinces of Spanish America." 1 This appears to have been called oat by the message of President Monroe on the 2d of December, in which he stated that persons claiming to act under the authority of some of the colonies, had taken possession of Amelia Island, off the coast of Florida, and had made of the island a channel for the illicit intro- duction of slaves from Africa into the United States, an asylum for fugitive slaves from the neighboring States, and a port for smuggling of every kind. 2 Before the President replied to the resolution, the forces of the United States had occupied Amelia Island. Upon this, " Vincente Pazos, repre- senting himself as the deputed agent of the authorities acting in the name of the Republics of Venezuela, New Granada, and Mexico," presented to the House of Representatives through the Speaker, on the 11th of March, 1818, a memorial complaining of that occupation. 3 An animated discussion immediately ensued. Forsyth said: "The question then for the House to consider was whether, when the Constitution has placed the conduct of our Foreign Relations with the Executive, a for- eign agent shall be permitted to appeal from the Executive to this House." 4 The House by a vote of 127 to 28 refused to receive the me- morial. 5 The report of the Secretary of State, in reply to the resolution of the 5th of December, was transmitted to the House on the 25th of March, 1818. In the interval that had elapsed, a wide discussion on Spanish- American affairs had taken place in the debates upon the Neutrality Laws, and other germane subjects. 6 From this report it appeared that the United Provinces of La Plata had applied to be recognized as inde- pendent States. Extraordinary pains were taken to secure accurate information re- specting the widely extended conflict going on between Spain and her colonies. A commission, consisting of Csesar A. Rodney, John Graham, and Theodoric Bland, was sent to Buenos Ayres and Monte Video, with instructions to make full reports. They did so : and the political, social, commercial, and industrial information which was furnished respecting these countries, remains in the public documents of the United States to attest the writers' fidelity, intelligence, and power of giving literary attraction to official reports. 7 A special report on the subject was also obtained from Poinsett, 8 and the whole was transmitted to Congress by the President. The general result of these reports may be summed up thus : To the East of the Andes and South of Brazil, the Govern- ment of the United Provinces of the Rio Plata (or of South America) claimed a federal jurisdiction over the whole territory, which was de- nied and successfully resisted by Paraguay and by the Banda Oriental, and a state of war existed between the United Provinces and the latter 1 1 Annals 1st Sess. 15th Cong., 406-8. » lb., 14. 3 Annals 1st Sess. 15th Cong., 1251. 1 lb., 1262. » lb., 1268. ° 4 F. E. F., 173. '4F.E. F., 217-323. » lb., 323. 968 NOTES — COLOMBIA. State. To the West of the Andes ; Chili was in the possession of a dic- tator, with no representative Government. In the first Session of the 15th Congress two unsuccessful efforts were made in the House to secure an appropriation for a Minister to the United Provinces. The last vote, taken on the 30th of March, 1818, was 45 yeas to 115 nays. 1 In the next Session of Congress the House inquired of the President " whether any application had been made by any of the independent governments in South America to have a Minister or Consul- General accredited by the Government of the United States." 2 The President replied that Don Limo de Clemente had applied to be received as the Eepresentative of the Republic of Venezuela, and that David 0. De Forest, a citizen of the United States, had applied to be accredited as Consul-General of the United Provinces of South America ; and he enclosed the correspondence. 3 In his message to Congress at the opening of the first session of the next (the 16th) Congress, President Monroe said: "In the civil war existing between Spain and the Spanish Provinces in this Hemisphere, the greatest care has been taken to enforce the laws intended to pre- serve an impartial neutrality. * * The progress of the war, how- ever, has operated * in favor of the colonies. Buenos Ayres still maintains unshaken the independence which it declared in 1816, and has enjoyed since 1810. Like success has also lately attended Chili, and the provinces north of the La Plata, bordering on it, and like wise Venezuela. * * Should it become manifest to the world that the efforts of Spain to subdue these provinces will be fruitless, it may be presumed that the Spanish Government itself will give up the con- test. In producing such a determination, it cannot be doubted that the opinion of friendly Powers, who have taken no part in this controversy, will have their merited influence."* Mr. Clay moved on the 4th of April, in this session, that it was expe- dient to provide by "law a suitable outfit and salary for such Minister or Ministers as the President, by- and with the advice and consent of the Senate, may send to any of the Governments of South America which have established and are maintaining their independence against Spain." 5 The motion was carried on the 10th of May, after debate, by a majority of five ; 6 but nothing further was done. 7 In the second session of the 16th Congress Mr. Clay resumed his efforts to secure a political recognition of the revolted States. He moved an appropriation for a mission, 8 but it was defeated. 9 He then moved' that the House "participates with the people of the United 1 2 Annals 1st Sess. 15th Congress, 1655. 2 1 Annals 2d Sess. 15th Cong., 544. 3 4F. R. F., 412, 418. See also 2 Annals 2d Sess. 15th Cong., 911. For the diplomatic cor- respondence with Spain respecting this and other questions through this series of years, see 4 F. R. F., 422-626. * 4 F. R. F., 628. - r > 2 Annals 1st Sess. 16th Cong., 1781. s lb., 2229. 7 lb., note 2230. » Annals 2d Sess. 16th Cong., 1071. <" lb., 1077. NOTES — COLOMBIA. 969 States in the deep interest which they feel for the success of the Spanish provinces of South America, which are struggling to establish their liberty and independence ; and that it will give its constitutional sup- port to the President of the United States whenever he may deem it expedient to recognize the sovereignty and independency of any of the said provinces." 1 After a debate the motion was carried. 2 At the opening of the next session of Congress the President said, in his message: "It is understood that the colonies in South America have had great success during the present year in the struggle for their . independence. * * It lias long been manifest that it would be impossible for Spain to reduce these colonies by force, and equally so, that no conditions short of their independence would be satisfactory to them. It may, therefore, be presumed, and it is earnestly hoped, that the Government of Spain, guided by enlightened and liberal counsels, will find it to comport with its interests, and due to its magnanimity, to terminate this exhausting controversy on that basis. To promote this result, by friendly counsel with the Government of Spain, will be the object of the Government of the United States." 3 On the 30th of January, 1822, the House requested the President to ' lay. before it communications from the agents of the United States in the revolted States, or from the Agents of those States in the United States which might tend to show the political condition of those Governments, and the state of the war between them and Spain. 4 The President complied with the request in a message on the 8th of March, 1822, 6 which message was also communicated to the Senate on the same day. 6 In this message the President says : " This contest has now reached such a stage, and been attended with such decisive success on the part of the provinces, that it merits the most profound consideration whether their right to the rank of independent nations, with all the advantages incident to it in their intercourse with the United States, is not complete. Buenos Ayres assumed that rank by a formal declaration in 1816, and has enjoyed it since 1810. * * The provinces composing the republic of Colombia, after having separately declared their independence, were united by a fundamental law of the 17th of December, 1819. * * Chili declared independence in 1818, and has since enjoyed it undisturbed, and of late, by the assistance of Chili and Buenos Ayres, the revolution has extended to Pern. Of the movement in Mexico, our information is less authentic, but it is, nevertheless, distinctly understood that the new Government has declared its independence, and that there is now no opposition to it there, nor a force to make it. * * Thus it is manifest that all those provinces are not only in the full enjoyment of their inde- pendence, but, considering the state of the war and other circumstances, 'lb., 1081. » lb., 1091-1092. •4P.E.P..739. « 1 Annals 1st Sess. 17th Cong., 825- 828. sib.,1238. e lb., 284. See also 4 F. E. F., 818. 970 NOTES — COLOMBIA. that there is not the most remote prospect of their being deprived of it. * * Of the views of the Spanish Government on this subject, no partic- ular information has been recently received. * * Nor has any authentic information been recently received of the disposition of other powers respecting it. A sincere desire has been cherished to act in concert with them in the proposed recognition. * * In proposing this measure, it is not contemplated to change thereby, in the slightest manner, our friendly -relations with either of the parties, but to observe, in all respects,' as heretofore, should the war be continued, the most perfect neutrality be- tween them. 1 On the 4th of May, 1822, Congress passed "An Act making an appro- priation to defray the expenses of missions to the Independent Nations on the American Continent." One hundred thousand dollars was the sum appropriated. 2 In the message at the opening of the following session of Congress, 3 President Monroe said : "With the existing colonies or dependencies of any European Power, we have not interfered and shall not interfere. But with the governments who have declared their independence and maintained it, and whose independence we have on great consideration and on just principles acknowledged, we could not view any interposi- tion for the purpose of oppressing them, or controlling, in any other manner, their destiny, by any European Power, in any other light than as the manifestation of an unfriendly disposition towards the United States." 4 The general Treaty of Peace, Amity, and Commerce, concluded on the 3d day of October, 1824, between the United States and the Repub- lic of Colombia, (which then consisted of what was afterwards known as New Granada, of Venezuela, and of Ecuador,) was the first of a long series of Treaties with the new Powers. 5 In the same year a Convention for the Suppression of the African Slave-Trade was negotiated with the Eepublic of Colombia, but was rejected by the Senate. 6 " The Congress of Panama, in 1826, was planned by Bolivar to secure the Union of Spanish America against Spain. It had originally mili- tary as well as political purposes. In the military objects the United States could take no part ; and indeed the necessity for such objects ceased when the full effects of Mr. Monroe's declarations were felt. But the pacific objects of the Congress, the establishment of close and cor- dial relations of amity, the creation of commercial intercourse, of inter- change of political thought, and of habits of good understanding be- tween the new republics and the United States and their respective citi- zens, might perhaps have been attained, had the administration of that day received the united support of the country. Unhappily they were lost ; the new states were removed from the sympathetic and pro- 1 4 F. E. F., 819. s .3 St. at L., 678. 3 December 1823. " 1 Annals 1st Sess. lSthCong., 22-23. * 5 F. R. F 696-729. « lb., 729-735.' NOTES — COLOMBIA. 971 tecting influence of our example, and their commerce, which we might then have secured, passed into other hands, unfriendly to the United States. " In looking back upon the Panama Congress from this length of time, it is easy to understand why the earnest and patriotic men who en- deavored to crystalize an American system for this continent failed. * * One of the questions proposed for discussion in the conference was ' The consideration of the nieaDS to be adopted for the entire aboli- tion of the African slave trade,' to which proposition the committee of the United States Senate of that day replied : ' The United States have not certainly the right, and ought never to feel the inclination, to dic- tate to others who may differ with them upon this subject; nor do the committee see the expediency of insulting other States with whom we are maintaining relations of perfect amity, by ascending the moral chair, and proclaiming from thence mere abstract principles, of the rectitude of which each nation enjoys the perfect right of deciding for itself.' The same committee also alluded to the possibility that the condition of the islands of Cuba aud Porto Rico, still the possessions of Spain, and still slaveholding, might be made the subject of discussion aud of contem- plated action by the Panama Congress. ' If ever the United States (they said) permit themselves to be associated with these nations in any general congress assembled for the discussion of common plans in any way affecting European interests, they will, by such act, not only de- prive themselves of the ability they now possess of rendering useful assistance to the other American States, but also produce other effects prejudicial to their interests.'" 1 The printed correspondence respecting this mission will be found in the 5th volume of the Foreign Relations, folio edition, pages 834-905. It was the subject of animated discussions in Congress, which will be found in the second part of the second volume of the Register of Con- gressional Debates for the year 1826. In the year 1831 the Republic of Colombia separated into the three independent republics of Ecuador, New Granada, and Venezuela ; and New Granada in 1862 took upon itself the name of the " United States of Colombia." It was while the territory bore the name of New Granada that the Treaty of Amity, Commerce, and Navigation, of December 12, 1846, was concluded. In 1866 some correspondence took place respecting the construction of the guarantee of the United States in the Treaty of 1846. No result was reached. 2 On the 23d of April, 1867, the Minister of Colombia at Washington proposed to the Secretary of State to make certain changes in the ex- isting Treaty. At the time these proposals were made, nineteen years 1 S. E. Doc. 112, 2d Sess. 41st Cong., 7.8. • * D. C, 1866, part 3, 454, et seq. 972 NOTES COMMERCE. had not expired from the date of the exchange of the ratifications of the Treaty ; and a question arose whether, under the thirty-fifth article of the Treaty, they operated to terminate it. Mr. Perez, the Colombian Minister at Washington, wrote Mr. Fish, April 15, 1871 : " Such docu- ments cannot * be considered as a notification of the cessation of the Treaty, and, in fact, they have hitherto not been so considered. In both countries the Treaty has been and still is considered as being in force." 1 Mr. Fish replied : "Although literally and technically, pursuant to the clause of the 35th Article of that instrument upon the subject, this Gov- ernment might hold that the application made by General Salgar for a revision of the Treaty in anticipation of a lapse of the time fixed for its termination, might be held to have brought about that result, the inten- tions of the parties at the time may, as you observe, be allowed to gov- ern the question. General Salgar, in his notice, did not say that if his proposition should not be accepted the Colombian Government would regard the Treaty as at an end, and Mr. Seward does not appear to have received that proposition as a formal notice of termination. His silence upon the subject may fairly be construed as indicative of an opinion on his part that, so far as the interests of the United States were con- cerned, no chan ge in the Treaty was required, and the form of the appli- cation of Colombia may also be construed to imply that, although she might prefer the changes proposed in that application, she did not re- gard them as indispensable to its continuance. Under these circum- stances it may be said to comport with the interests of both parties to look upon the Treaty as still in full force, but as subject to revision or termination in the form and upon the terms stipulated." 2 It was held by Attorney -General Bates, August 18, 1864, that the 35th Article of the Treaty of June 12, 1848, (meaning, doubtless, of Decem- ber 12, 1846, the day of the conclusion of the Treaty, which was pro- claimed June 12, 1848,) binds the United States absolutely to guaran- tee the neutrality of the Isthmus of Panama on the demand of the proper party, 3 but this does not oblige the United States to defend the Isthmus against a body of insurgents from Colombia. 4 The Convention of February 10, 1864, conferred upon the Commissioners jurisdiction to determine whether any and what claims had been presented to but not decided by the Commission under the Treaty with jSTew Granada of September 10, 1867. 5 COMMERCE. A provision that no other or higher duties are to be paid on goods imported in vessels of one party than are imposed upon those imported in vessels of the other, does not extend to tonnage dues. 6 See " Portugal." 1 F. R., 1871, 246. * lb., 247-8. » 11 Op. At.-Gen., 67, Bates. < lb., 391, Speed. 6 Il>., 402, Speed. °1 Qp. At.-Gen., 155, Breckinridge. NOTES — CONSULS. 973 CONSULS. A consul is not a diplomatic officer ; is entitled to no diplomatic privilege j 1 and is not exempt from criminal j>rosecution for offenses against the laws of the country in which he resides. 2 The second section of the third article of the Constitution provides that the judicial power of the United States shall extend to all cases affecting embassadors, other public ministers, and consuls. This priv- ilege is not a personal one, and is not waived by an omission to plead it in the court below. 3 Consuls represent the individual subjects or citizens of their respect- ive nations when there is no other representation, and, when duly recog- nized, are competent parties to assert or defend the rights of property of their fellow-citizens or subjects in a court of admiralty without special procuration ; 4 but they cannot receive actual restitution of the property in controversy without a special authority. 5 Various treaties have conferred upon foreign Consuls in the United States the power of determining disputes between masters and crews of the vessels of their nationality, and with the aid of the local authorities of arresting and returning deserters from such vessels. Without and independently of a treaty, a Consul has no such judicial power. 6 The act of apprehending and delivering the seamen under the Treaties and the acts of Congress to enforce them, are judicial and not executive acts. 7 The act to enforce Treaty provisions respecting disputes between masters and crews was approved June 11,1864." It is not to take effect as to the ships or vessels of any nation, unless the President shall have been satisfied that similar provisions have been made by the other contracting party for the execution of the Treaty, and shall have issued his proclamation to that effect. On the 10th of February, 1870, procla- mation was made under this act as to the Treaties with France, Prussia, and the other States of the North German Union and Italy; 9 and on the 11th of May, 1872, as to the Treaty with Sweden and Norway. 10 This Statute authorizes any court of record of the United States, or any judge thereof, or any commissioner appointed under the laws of the United States to take bail or affidavits, or for other judicial purposes whatsoever, to receive the application of the consular officer, to issue process against the person complained of, and if it shall appear, on his being returned before the magistrate, that he is not a citizen of the United States, and if a prima-facie case shall be made out that the matter concerns only the internal order and discipline of the foreign vessel, and does not affect directly the laws of the United States or the 1 1 Op. At.-Geri., 41, Bradford, 77 ; lb. 406 Wirt, and 2 lb. ; 378 Berrien; 725 Butler. 2 2 Dallas, 299, Note. 3 Davis vs. Packard, 7 Peters, 276. ■'The Bello Coruiies, 6 Wheaton, 152. 6 Ib, 6 2 Op. At.-Gen., 378, Berrien ; 6 lb., 145, Cushiug. »9 Op. At.- Gen., 96, Black. H3 St. at L., 121. H6 St. at L., 1130. w 17 St. at L., 955. 974 NOTES — CONSULS. rights and duties of any citizen, then the magistrate shall commit the sea- man to prison to abide the lawful order or control of the master: provided the expenses of the proceeding shall be paid by the Consular officer, and the seaman shall not be detained for more than two months after his arrest. The Statute respecting the restoration of deserters was approved March 2, 1829, and was entitled "An act to provide for the apprehension and delivery of deserters from certain foreign vessels in the ports of the United States." 1 It provides " that on application of a consul or vice-consul of any foreign government, having a Treaty with the United States stipulating for the restoration of seamen deserting, made in writing, stating that the person therein named has deserted from a vessel of any such government while in any port of the United States; and on proof by the exhibition of the register of the vessel, ship's roll, or other official document, that the person named belonged at the time of desertion to the crew of said vessel, it shall be the duty of any court, judge, justice, or other magistrate having competent power, to issue warrants to cause the said person to be arrested for examination ; aud if, on examination, the facts stated are found to be true, the person arrested not being a citizen of the United States, shall be delivered up to the said consul or vice-consul to be sent back," &c. Another series of Treaties grants to the consuls of the United States in the territories of certain Oriental powers, exclusive jurisdiction over disputes between citizens of the United States, or over offences com- mitted by citizens of the United States, or both. The first statute to affirm and regulate this jurisdiction was approved on the 11th of August, 1848. 2 Attorney-General Cushing gave an ex- haustive opinion on this Statute. 3 In 1860, a new Statute was passed 4 which was amended in 1870. 5 Under these various Statutes, the follow- ing is the present condition of the law and practice in this respect: The Consuls and Commercial Agents of the United States at islands or in countries not inhabited by any civilized people, or recognized by any Treaty of the United States, are invested with power to hear aud deter- mine cases in regard to civil rights where the debt or damage does not exceed $1,000 exclusive of costs ; and also to issue warrauts to arrest offenders, to arraign, try, and convict them, and to punish them to the extent of $100 fine, or to imprisonment not to exceed sixty days. The provisions of the Statute of 1860 apply directly to the consulates in China, Japan, and Siam. They apply in terms to Turkey, (see sec- tion 21 of the act of I860,) so far as they relate to crimes and offenses; and as to civil cases, so far as the laws of Turkey permit. The authenticity of the English version of the Treaty of 1830 with Turkey, under which exterritorial rights had been claimed and allowed, 1 4 St. at L., 359. * 9 St. at L., 276. 3 7 Op. At.-Gen., 495. * 12 St. at L., 72. See also- lb., 565. 6 16 St. at L., 183. NOTES — CONSULS. 975 has been recently questioned. The present attitude of the question is set forth in the note entitled " Ottoman Porte." The operation of the statute of 1860 is extended 1 to Persia, to Tripoli, Tunis, Morocco, and Muscat ; * to Egypt, 3 and to Madagascar, and all other countries with which Treaties may hereafter be made. 4 The jurisdiction is to be exercised in conformity with— 1st, the laws of the United States ; 2d, with the common law, including equity and admiralty ; and, 3d, with decrees and regulations, having the force of law, made by the Ministers of the United States in such country respect- ively, to supply defects and deficiencies in the' laws of the United States, or the common law as above defined. This power of the Ministers to make such laws and regulations is lim- ited, by instructions from of the Department of State, to acts neces- sary to organize and give efficiency to the courts created by the act. Mr. Pish, on the 26th of February, 1873, instructed the Minister at Japan, on this subject thus : "The authority of a Minister, in an oriental country, to make regulations having the force of law within the country to which he is accredited, is derived from the act of 1860, entitled 'An act to carry into effect provisions of the Treaties between the United States, China, Japan, Siam, Persia, and other countries, giving certain judicial poivers to ministers and consuls, or other functionaries of the United States in those countries, and for other purposes.' "The first twenty-eight sections (except the 21st) relate to the trea- ties referred to in the title. The remainder of the act refers to the ' other purposes.' Sections one, four, and five therefore relate exclu- sively to the subject of carrying into effect treaty provisions conferring judicial poicers on Ministers. " The first section provides that ' to carry into full effect the provis- ions of the Treaties, &c, * * the Ministers and the Consuls of the United States duly appointed to reside in each of the said countries shall, in addition to other powers and duties imposed upon them, re- spectively, by the provisions of such Treaty, respectively, be invested with the judicial authority herein described/ " The fourth section defines how those powers are to be exercised : namely, in conformity with the laws of the United States, ' but in all cases where such laws are not adapted to the object,' {i. c, the exercise of such judicial powers,) ' or are deficient in the provisions necessary to furnish suitable remedies, the common law, including equity and admi- ralty, shall be extended in like manner over such citizens and others in the said countries ; and if defects still remain to be supplied, and neither the common law, including equity and admiralty, nor the Statutes of the United States, furnish appropriate and suitable remedies, the Minis- ters in the said countries, respectively, shall by decrees and regulations, which shall have the force of law, supply such defect and deficiencies.' 1 Section 28. * Section 29. » 14 g ti at L-? 322. * 16 St. at L., 183. 976 NOTES CONSULS. " The fifth section provides that ' in order to organize and to carry into effect the system of jurisprudence demanded by such treaties, respectively, the said Ministers, with the advice of the several Consuls in each of the said countries respectively, or so many of them as can be conveniently assembled, shall prescribe the forms' of all processes which shall be issued by any of said Consuls, and * * * make all such decrees and regulations from time to time as the exigencies may demand; and all such regulations, decrees, and orders shall be plainly drawn up in writing, and submitted as above provided for the advice of the Consuls, or as many of them as can be consulted without prejudicial delay or inconvenience, who shall each signify his assent or dissent in writing, with his name subscribed thereto; and, after taking such advice and considering the same, the Minister in the .said countries, respectively, may, nevertheless, by causing the decree, order, or regulation to be pub- lished, with his signature thereto, and the opinions of his advisors inscribed thereon, make it to become binding and obligatory until annulled or modified by Congress.' * * * " It is the opinion of the Department that this statute confers upon the Minister in Japan no authority to make a regulation requiring citi- zens of the United States to register their names, and no power to enforce such a regulation judicially. "The authority conferred by the act is defined in the first section to be a judicial authority. By the fourth section the Minister is required to execute that power in conformity with the laws of the United States, with authority to vary from those laws in two cases only ; 1. Where those laws are not adapted to the exercise of the judicial authority con- ferred by section one ; 2. Where they are deficient in the provisions to furnish suitable remedies. In each of these contingencies the Minister has authority to make regulations in order Ho furnish suitable and appro- priate remedies, 7 and for no other purpose whatever. The fifth section is still more explicit on this point. Every power named in this section is recited to be conferred upon the minister, ' in order to organize and carry into effect a system of jurisprudence, , n The power of originating civil and criminal proceedings is vested by the statute in Consular officers exclusively. They can also, sitting alone, determine all criminal cases where the fine imposed does not exceed five hundred dollars, or the term of impris- onment does not exceed ninety days ; and may impose fines to the ex- tent of fifty dollars, or imprisonment, not exceeding twenty-four hours, for contempt committed in the presence of the court, or for failure to obey a summons. They may also, when of opinion that legal questions may arise in which assistance may be useful, or that a severer punishment is required, summon associates, not more than four in number, taken by lot from a 1 MS. Department of State. NOTES CONSULS. 977 list to be previously approved by the Minister, to sit with them on the trial, each of whom is to enter upon the record his judgment and opin- ion, and to sign the same ; but the Consul himself gives the judgment in the case, whether it accords with that of his associates or not. In trials for capital offenses there must be four associates, who must all agree with the Consul, in order to convict, and the opinion must be approved by the Minister before there can be a conviction. They have exclusive jurisdiction in civil proceedings where the dam- age demanded does not exceed five hundred dollars. When the amount demanded exceeds five hundred dollars, or when the Consul thinks the case involves legal perplexities, and that assist- ance will be useful, he may summon to his aid not less than two nor more than three associates, to be selected from a list of persons nomi- nated by the Consul, for the purposes of the act, to the Minister, and ap- proved by him. They shall hear the case with him. The Consul, how- ever, is to give the judgment. If they agree with him, the judgment is final. If they, or any of them, disagree, the opinions of all arc to be noted on the record and subscribed by them, and the judgment of the Consul is then subject to appeal. Such a Consular court cannot, in a suit by a person not a citizen of the United States, entertain a set-off further than to the extent of the claim asserted by the plaintiff, and cannot render a judgment against a person of foreign birth not a Citizen of the United States. 1 An appeal may be taken in criminal cases from a decision of a Consul acting alone, where the fine exceeds one hundred dollars, or the time of imprisonment for a misdemeanor exceeds ninety days. If associates sit with the Consul in criminal proceedings, (except capi- tal,) an appeal can be taken to the Minister only in case of disagreement between! him and one of his associates. In civil proceedings, in cases arising before the 1st day of July, 1870, an appeal can only be taken to the Minister from cases in which asso- ciates sit with the Consul, and in which there is not an agreement of opinion. In cases arising after the 1st day of July, 1870, an appeal may be taken to the Minister from final judgment in the Consular courts of China and Japan, where the matter in dispute exceeds five hundred dollars, but does not exceed two thousand five hundred dollars, exclusive of costs ; and where the matter exceeds two thousand Ave hundred dollars, ex- clusive of costs, the appeal may be taken to the Circuit Court for the district of California. There are also regulations for appeals from the judgments of Ministers to the Circuit Court of California. In Tunis, Morocco, and Tripoli, citizens of the United States commit ting murder or homicide upon a subject of those powers are to be tried by a mixed court, at which the Consul is to " assist." 1 11 Op. At.-Gen., 474, Speed. 62 978 NOTES — -DENMARK. The undisputed portion of the fourth article of the Treaty of 1830 with the Ottoman Porte provides for the supervision of the American Dragoman in the hearing of all litigations and disputes arising between the subjects of the Sublime Porte and citizens of the United States. It is not in dispute that the usages observed towards other Pranks are to be observed toward citizens of the United States. These usages are believed to be the following: 1. Turkish tribunals for questions between subjects of the Porte and foreign Christians. 2. Consular Courts for the business of each nation of foreign Chris- tians. 3. Trial of questions between foreign Christians of different nations in the Consular Court of the defendant's nation. 4. Mixed tribunals of Turkish magistrates and foreign Christians at length substituted in part for cases between Turks and foreign Christians. 5. Finally, for causes between foreign Christians, the substitution at length of mixed tribunals in place of the separate courts ; this arrange- ment introduced at first by the Legations of Austria, Great Britain, France, and Bussia, and then tacitly acceded to by the Legations of other foreign Christians. A provision in a Treaty that a Consul may ex officio administer upon the estates of citizens of his nationality dying within his jurisdiction without legal heirs there, gives no right of reclamation against the United States for the value of the property of such a decedent im- properly administered on by a State Court, unless the Consul first ex- hausts his remedies at law to prevent such State administration. 1 DENMARK. Quasi relations were opened with Denmark during the War of the Eevolution by Dr. Franklin, who, on the 22d of December, 1779, in a letter to M. Bernstorff, Minister for Foreign Affairs at Copenhagen, re- monstrated against the seizure of American prizes within the territorial jurisdiction of the King of Denmark. 2 This question lingered into the middle of the present century. On the 27th of February, 1783, the Danish Minister for Foreign Affairs wrote a letter to Mr. de Walterstorf, one of his countrymen, in which he said: "As I know you are on the point of making a tour to France, 1 cannot omit recommending to you to endeavor, during your stay at Paris, to gain as much as possible the confidence and esteem of Mr. Franklin. * * You have witnessed the satisfaction with which we ' 9 Op. At-Gen., 383, Black. 2 8 Franklin's Works, 407. See also Ibid, 425, 433, and 462 ; and see W. B. Lawrence, "note 15, in his edition of Wheaton, for a history of this case. NOTES DENMARK. 979 have learned the glorious issue of this war for the United States of Amer- ica, and how fully we are persuaded that it will be for the general interests of the two States to form, as soon as possible, reciprocal connections of friendship and commerce. Nothing certainly would be more agreeable to us than to learn by your letters that you find the same dispositions in Mr. Franklin." 1 De Walterstorf went to Paris, and made the acquaintance of Franklin, and assured hitn that the King had, a strong desire to have a Treaty of Friendship and Commerce with the United States. Franklin informed Robert Livingston of the advances, and suggested that Congress should send the necessary powers for entering into the negotiations : 2 but noth- ing came of it. Franklin would not go on without a special power, 3 and no special power came. It was not until 1826 that a Commercial Convention was concluded at Washington with Denmark. This was transmitted to Congress with President Adams's message at the beginning of the second session of the- 19th Congress. 4 At that time claims were also pending against Denmark, for spolia- tions during the wars of Napoleon. "The allegations on which the seizure and condemnation of American vessels and their cargoes were made and attempted to be justified were principally three. 1. The possession of false and simulated papers, by which, it was alleged, an American character was stamped on British property. 2. Sailing under British convoy, whereby, it was alleged, our vessels lost the immunities of our flag, and subjected themselves to be treated as British property ; and, 3. The possession of French con- sular certificates of origin after the French consuls were forbidden to give them, except to vessels sailing direct to French ports." 5 The reclamations were first made on the 23d of June, 1811, by Ewing, U. S. Minister at Copenhagen, in a note to. de Hosenkrantz, Danish Minister for foreign affairs. "The total amount of captures in 1809 and 1810 was 160, of which cases 42 (including 16 of vessels- which had broken the embargo or non-intercourse, or were otherwise not genuine American cases) were condemnations, and 24 were pending,, including 10 convoy cases. In 1811, previous to the date of Ewing's- letter, two vessels were taken and condemned in Norway, and two others were then under trial there ; making iu all 28 cases as the subject of Ewing's communication to the Danish Minister of State. 6 Subse- quent representations were made from time to time without reacbing a result. Danish courts continued to exercise the objectionable juris- diction, and to make condemnation. To the complaints of the United States against the long delay in answering, response was made that 1 9 Franklin's Works, 487-488. » lb., 512. 3 lb., 537. " 6 F. E. F., 266. 6 Clay to Wheaton, May 31, 1827, H. Doc. 49, 1st Sess. 22d Cong. 6 MS. Dept. of State. 980 NOTES DENMARK. certain Danish claims on the United States had remained unsettled since 1799,' n The, extreme poverty of the Danish government 2 was also put forward. At length, on the 20th of June, 1818, the Danish Minister of State replied that the King of Denmark could not admit that causes definitively terminated by competent tribunals can be made a subject of litigation. 3 The negotiations, which were carried on successively by Ewing, by Forbes, by Campbell, and by Hughes, without result, were taken up by Wheaton in 1828, under instructions from Clay, Secretary of State, and were brought to a successful issue in March 1830.* The Danish objection to the claims was thus stated in a note of Au- gust 17, 1825, to Hughes : " The sentences by which vessels bearing the flag of the United States have been released or condemned by the prize tribunals, or high court of admirahty, are without appeal, and cannot, without derogating from that which has been established from the remotest times in the Danish Monarchy, be altered or annulled." 5 In a paper of marked ablility Wheaton controverted this. He said : "The institution of these tribunals, so far from exempting or being in- tended to exempt the sovereign of the belligerent nation from respon- sibility, is designed to fix and ascertain that responsibility. Those cruisers are responsible only to the sovereign whose commission they bear. So long as seizures are regularly made upon apparent grounds of just suspicion, and followed by prompt adjudication in the usual mode, and until the acts of the captors are confirmed by the sovereign in the sentences of the tribunal appointed by him to adjudicate in mat- ters of prize, the neutral has no ground of complaint, and what he suffers is the inevitable consequence of the belligerent right of capture. But the moment the decision of the tribunal of last resort has been pro- . nounced against the claimant, (supposing it not to be warranted by the facts of the case and the law of nations as applied to those facts,) and justice has thus been finally denied, the capture and the condemnation become the acts of the State, for which the sovereign is responsible to the government of the claimant. * No greater sanctity can be imputed to the proceedings of prize tribunals, even by the most extravagant theory of the conclusiveness of their sentences, than is justly attributed to the acts of the sovereign himself. But those acts, however binding on his own subjects, if they are not conformable to the public law of the world, cannot be considered as binding on the subjects of other States. A wrong done to them forms an equally just subject of com- plaint on the part of their government, whether it proceed from the direct agency of the sovereign himself, or is inflicted by the instrumen- tality of his tribunals." 6 The claimants sent an agent to Copenhagen, with power to agree i Forbes to Secretary of State, 20 Dec, 1817. MS. Dept. of State. a Ibid. 'MS.Dept' of State. * Sep Wheaton's paper, H. Doc. 249, 1st Sess. 22d Cong., 22 et. seq., for a brief sketch of the negotiations prior to his mission." 6 lb. , 24. <* rjb^ 2g. NOTES — DOMINICAN REPUBLIC—ECUADOR. 981 upon a compromise sum ip gross. The King of Denmark offered to pay half a million marcs-banco of Hamburg. 1 Wheaton said that the United States would consent to accept three millions of marcs-banco. 2 The parties agreed at length upon six hundred and fifty thousand Spanish milled dollars. In informing Mr. Van Bureu of the signature of the Treaty, Wheaton said: "I have not before me sufficient material from which to form a judgment as to the real amount of the losses un- justly sustained by our citizens from Danish captures. You will find that Mr. Ewing, in his correspondence, estimates the actual loss at about $1,750,000, reckoning about thirty-five condemnations 'quite unjust,' to use his own expression. But supposing the real injury to have been considerably greater, the sum now recovered, considering the diminished resources of this exhausted country, will, I trust, be considered as a tolerable salvage from this calamitous concern." 3 . The Convention of 1867 with Denmark for the discontinuance of the Sound Dues was communicated to Congress by President Buchanan on the 14th of January, 1858." On the 24th of October, 1867, a Treaty was signed at Copenhagen for the cession of the island of St. Thomas to the United States. It was not assented to by the Senate. Correspondence relating to it was com- municated to the Senate on the 19th of January, the 20th of January, and 17th of February, 1869. DOMINICAN REPUBLIC. The relations between the Dominican Republic and the United States, and between the Dominican Republic and Hayti, were the subject of a report from the Secretary of State to the Senate on the 16th of January, 1871. 5 A Convention for the annexation of St. Domingo to the United States was then pending, and is among the papers enclosed in the report of the Secretary. The Convention was not approved by the Senate. 6 ECUADOR. The Treaty of 1839 was transmitted to Congress with the President's Message at the beginning of the 3d Session of the 27th Congress. 7 !Ib., 19. * lb., 20. 3 Wheaton to Van Buren, March 29, 1830, MS. Dept. of State, 4 S. E. Doc. 28, 1st Sees. 35th Cong. See Lawrence's note 110, pages 333 to 338, Law- rence's Wheaton, for a sketch of previous negotiations on this subject. 6 S. E. Doc. 17. 3d Sess. 41st Cong. 6 See also Globe, 1st Sess. 42d Cong., 86-88; 233-235; 253; 294- 307; 314-16; 327-329; 469-474; 523-534; 598; 814-817. 7 S. E. Doc. 11, 3d Sess. 27th Cong. 982 NOTES EXTEEBITOEIALITY-EXTB ADITION. EXT E RKITOKIALITY. The rights of exterritoriality enjoyed by citizens of the United States in certain Oriental countries are considered under the Title " Consuls ;" the Consular officers being the persons entrusted with the enforcement of those rights. The Tribunal of Arbitration at Geneva held that "the privilege of ex- territoriality, accorded to vessels of war, had been admitted- into the law of nations, not as an absolute right, but solely as a proceeding founded on the principle of courtesy and mutual deference between different nations." 1 This is in accordance with the settled practice of the United States. Attorney-General Lee, in the early days of the Republic, gave his opinion that it is lawful to serve either civil or criminal process upon a person on board a British man-of-war lying within our territory. 2 EXTRADITION. The Statutes conferring upon the courts the power to enforce the various Extradition Treaties are, the Act of August 12, 1848, 3 and the act of June 22, I860.* The crime for which the extradition of the accused is demanded must be a crime committed within the territorial jurisdiction of, the Power which makes the demand. 5 In the absence of a Treaty there is no law which authorizes the Presi- dent to -deliver up any one found in the United States who is charged with having committed a crime against a foreign nation. 6 Under the Treaty with Great Britain it is necessary to prove such facts as would justify the apprehension of the criminal and his commit- ment for trial at the place where the arrest is made. 7 The mode of pro- cedure in such case examined. 8 The same rule exists in regard to France. 9 Any foreign government entitled by Treaty to the extradition of a fugitive from justice, may apply to the courts in the first instance ; but, if requested, the President will issue a previous authorization. 10 In Kane's case 11 a portion of. the court seemed to think that the President's mandate ■ was necessary for the commencement of the proceedings. If there is no diplomatic agent, the application may be made through some other 1 4 Pap. rel. Tr. W., 50. 2 1 Op. Att.-Gen., 87. 39 g t . at l. ; 302. <12 St. at L., 84. For a sketch of negotiations in this respect see Lawrence's Wheaton, note 78, page 236. 6 1 Op. At.-Gen., 83, Lee. lb., 8, 215, dishing. Vogt's case, Williams, July 21 1873. 6 Holmes vs. Jennison, 14 Peters, 540. 2 Op. At.-Gen., 452, Taney. lb., 559, Taney. 6 lb., 85, Cushing. See also Dana's note (Dana's Wheaton) No. 78, pages 182-184. 7 4 Op. At.-Gen, 201, Nelson. 8 See Kaine's case, 10 N. Y. Leg. Obs., 257. The British Prisoners, 1 Woodbury & Minot, 66. Ware's case, 3 N. Y. Leg. Obs., 346. Heil- bron's case, 12 N. Y. Leg. Obs., 65. 9 4 Op. Afc-Gen., 330, Nelson. See ASereniaitre's case, 9 N. Y. Leg. Obs., 129. 10 6 Op. At.-Gen., 91, Cushing. « 14 Howard, 103. NOTES — FRANCE. 983 recognized channel. 1 A clerical error in the letter authorizing com- mencement of proceeding is immaterial. 2 Only prima-facie evidence of the commission of the crime is neces- sary. 3 But a mere notification is not sufficient prima-facie evidence. 4 Where a person claimed as a fugitive from justice is under examina- tion before a Commissioner of the United States, a State court cannot revise the case on Habeas Corpus. 5 Constructive Larceny, or Embezzlement, is not among the causes of extradition provided for by the Treaty of 1842 between Great Britain and the United States. 6 On the 28th of February 1856, the case of a breach of trust was not embraced among the crimes for which extradition would be demanded in the United States by France. 7 The term "public officers," or' "public depositaries," in a Treaty, signifies officers or depositaries of the govern- ment only, and does not comprehend officers of a railroad company. 3 See a note by Mr. Cushing in the Appendix to the 8th Volume of the Opinions of the Attorneys-General for a resume of the then subsisting Treaties of Extradition. The expenses of counsel in conducting legal proceedings for extra- dition are to be borne by the government making the demand. 9 Unless otherwise provided by Treaty it is immaterial whether the person demanded is or is not a citizen of the United States. 10 FRANCE. The introductory note sets forth with sufficient minuteness the cir- cumstances under which the Treaties of Alliance and of Amity and Commerce of 1778, and the Consular Convention of 1788 were concluded. The latter is the only one of the Treaties concluded before the adoption of the Constitution, which has received the constitutional assent of the. Senate. On the 25th of January, 1782, the Continental Congress passed an act authorizing and directing Dr. Franklin to conclude a Consular Conven- tion with France on the basis of a scheme which was submitted to that body. Dr. Franklin concluded a very different convention, which Jay, the Secretary for Foreign Affairs, and Congress did not approve. 11 Franklin having returned to America, the negotiations then fell upon Jefferson, who concluded the Convention of 1788. This was laid before the Senate by President Washington on the 11th of June, 1789. On the 21st of July it was ordered that the Secretary of Foreign Affairs attend the Senate to-morrow and bring with him such papers as 1 8 Op. At.-Gen., 240, Cushing. 2 8 Op. At.-Gen., 420, Cushing. 36 Op. At.-Gen., 217 Cushing. "7 Op. At.-Gen., 6, Cushing. «6 Op. At.-Gen., 237, 290, Cushing. °l'b.,' 431, Cushing. '7 Op. At.-Gen., 643, Cushing. s 8 Op. Att.-Gen., 106, Cushing. ^9 Op! At.- Gen., 497, Black. "> Wheaton's State Trials, 392. " 1 D. C, 1783-89, 232. 984 NOTES FEANCE. are requisite to give full information relative to the Consular Conven- tion between France and the United States. 1 'Jay was the Secretary thus "ordered." He was holding over, as the new Department was not then created. The Bill to establish a Department of Foreign Affairs had re- ceived the assent of both Houses the previous day, 2 but had not yet been approved by the President. 3 Jay appeared, as directed, and made the necessary explanations. 4 The Senate then Resolved that the Secretary of Foreign Affairs under the former Congress be requested to peruse the said Convention, and to give his opinion how far he conceives the faith of the United States to be engaged, either by former agreed stipulations or negotiations entered into by our Minister at the Court of Versailles, to ratify in its present sense or form the Convention now referred to the Senate. 5 Jay made a written report on the 27th of July that in his judg- ment the United States ought to ratify the Convention; 6 and the Senate gave its unanimous consent. 7 The Statute to carry the Convention into effect was passed the 14th of April, 1792. 8 Three articles in the treaties with France concluded before the Con- stitution became the cause of difference between the two Powers : 1. Article XI of the Treaty of Alliance, by which the United States, for a reciprocal consideration, agreed to guarantee to the King of France his possessions in America, as well present as those which might be acquired by the Treaty of Peace. 2. Article XVII of the Treaty of Amity and Commerce, proyiding that each party might take into the ports of the other its prizes in time of war, and that they should be permitted to depart without molestation; and that neither should give shelter or refuge to vessels which had made prizes of the other unless forced in by stress of weather, in which case they should be required to depart as soon as possible. 3. Article XXII of the same Treaty, that foreign privateers, the ene- mies of one party, should not be allowed in the ports of the other to fit .their ships or to exchange or sell their captures, or to purchase pro- visions except in sufficient quantities to take them to the next port of their own State. Jefferson, who was the Minister of Irhe United States at the Court of Versailles when the Constitution went into operation, was appointed Secretary of State by President Washington on the 26th of September, 1789. He accepted the appointment and presented Short to Keckar as charge d'affaires of the United States. 9 Governeur Morris, of Few York, who had been in Europe from the dawn of the French revolution, and had been in regular friendly cor- respondence with Washington, 10 was appointed Minister to France on the 12th of January, 1792. At the time of the appointment Washington 1 Anoals 1st Sess. 1st Cong., 52. a lb., 685. »Ib., 52. 4 Ib. n\>. 6 Ib., 54. lb. 8 1 St. at L., 254. *> 3 Jefferson's Works, 119. 10 1 F. E. F., 379-399. NOTES FEANCE. 985 wrote him a friendly and admonitory letter: "The official communica- tions from the Secretary of State accompanying this letter will convey to you the evidence of my nomination and appointment of you to be Minister Plenipotentiary of the United States at the Court of France; and my assurance that both were made with all my heart will, I am per- suaded, satisfy vou as to that fact. I wish I could add that the advice and consent flowed from a similar source. * * * Not to go farther into detail I will place the ideas of your political adversaries in the light in which their arguments have presented them to me, namely, that the promptitude with which your lively and brilliant imagination is dis- played allows too little time for deliberation and correction, and is the primary cause of those sallies which too often offend, and of that ridicule of character which begets enmity not easy to be forgotten, but which might easily be avoided if it was under the control of more caution and prudence. In a word, that it is indispensably necessary that more cir- cumspection should be observed by our representatives abroad than they conceive you are inclined to adopt. In this statement you have the pros and cons. By reciting them I give you a proof of my friendship if I give you none of my policy or judgment." 1 Morris entered upon the duties of his office with these wise cautions in his hand, but he did not succeed in gaining the good- will of a succes- sion of governments with which he had little sympathy: 2 for he writes Jefferson on the 13th of February, 1793 : " Some of the leaders here who are in the diplomatic committee hate me cordially, though it would puzzle them to say why." 3 When Morris was appointed Minister, the commercial relations be- tween the two countries were satisfactory to neither. Exceptional fa- vors to the commerce of the United States, granted by royal decree in 1787 and 1788, 4 had been withdrawn, and a jealousy was expressed in France in consequence of the Act of Congress putting British and French commerce on the same basis in American ports. 5 No exceptional advantages had come to France from the war of the revolution, and American commerce had reverted to its old British channels. Jefferson greatly desired to conclude a convention with France which should restore the favors which American commerce had lost, and bring the two countries into closer connection. On the 10th of March, 1792, he instructs Morris: " We had expected, ere this, that in consequence of the recommendation of their predecessors, some overtures would have been made to us on the subject of a Treaty of commerce. * Perhaps they expect that we should, declare our readiness to meet on the ground of Treaty. If they do, we have no hesitation to declare it." 6 Again, on the 28th of April, he writes : " It will be impossible to defer longer than the next session of Congress some counter regulations for the protection of our navigation and commerce. I must entreat you, therefore, to J 10 Washington's Writings, 216-18. H F. E. F., 412. 3 lb., 350. tlb., 113, 116. 6 See Short's correspondence, lb., 120. 6 Jefferson's Works, 338-'9. 986 NOTES FRANCE. avail yourself of every occasion of friendly remonstrance on this sub- ject. If they wish an equal and cordial treaty with us, we are ready to enter into it. We would wish that this could be the scene of negotia- tion." 1 Again, on the 16th of June, he writes: "That treaty may be long on the anvil; in the mean time we cannot consent to the late innova- tions without taking measures to do justice to our own navigation." 2 The great revolution of the 10th of August, and the imprisonment of the King, were duly reported by Morris f and Jefferson replied on the 7th of November : " It accords with our principles to acknowledge any government to be rightful which is formed by the will of the nation substantially declared. * * There are some matters which I conceive might be transacted with a government de facta ; such, for instance, as the reforming the unfriendly restrictions on our commerce and naviga- tion." 4 To these instructions, Morris answered on the 13th of February, 1793, three weeks after the execution of the King, and a fortnight after the declaration of war against England: "You had * instructed me to en. deavor to transfer the negotiation for a new treaty to America, and if the revolution of the 10th of August had not taken place, * I should, perhaps, have obtained what you wished. * * * The thing you wished for is done, and you can treat in America if you please." 5 In the same despatch, Morris spoke of the " sending out of M. Genet, with- out mentioning to me a syllable either of his mission or his errand,'' and said that " the pompousness of this embassy could not but excite the attention of England." 6 On the 7th of March, Morris wrote to Jefferson that " G-enet took out with him three hundred blank commissions, which he is to distribute to such as will fit out cruizers in our ports to prey on the British com- merce," and that he had already mentioned the fact to Pinckney, and had desired him to transmit it/ 7 The new condition of affairs caused by the war induced the President to submit a series of questions to the members of his cabinet for their consideration and reply. 8 It would seem from a passage in Mr. Jeffer- son's Ana that the second of these questions — " Shall a Minister from France be received % " was suggested by the Secretary of State. 9 An account of the meeting of the cabinet at which these questions were discussed will be found in vol. 9 Jefferson's Works, page 142. The first two questions were unanimously answered in the affirmative — that a proclamation for the purpose of preventing citizens of the United States from interfering in the war between France and Great Britain should issue, and that Genet should be received ; but by a compromise, the term "neutrality" was omitted from the text of the proclamation. 30 1 lb., 356. , a lb., 449. HF.E. F., 333. *3 Jefferson's Works, 489. 6 1 F. R. F„ 350. 6 lb. '1F.E. F., 354. s io Washington's Works, 337 ; 533. 9 9 Jefferson's Works, 140. 10 3 Jefferson's Works, 591. NOTES FRANCE. 987 When Genet landed in Charleston, on the 8th of April, 1793— even when he arrived in Philadelphia— it may be believed that Washington contemplated the probability of closer relations with France, and the possibility of a war with Great Britain. The relations with the latter Power were in a critical condition. British garrisons were occupying commanding positions on our lake frontiers, within the territory of the United States, in violation of the Treaty of 1783; and an Indian quarrel was on the President's hands, fomented, as he thought, by British intrigue. 1 The policy which Washington favored, denied Prance nothing that she could justly demand under the Treaty, except the possible enforcement of the provision of guarantee ; and that provision was waived by Genet in his first interview with Jefferson. " We know," he said, " that under present circumstances we have a right to call upon you for the guarantee of our islands. But we do not desire it." 2 On the other hand, it offered to Great Britain neutrality only, without a right of asylum for prizes, this being conferred exclusively by Treaty upon France ; and it demanded the relinquishment of the Forts on the lakes and the abandonment of impressment. It is not likely that the purposes of Genet's mission were fully com- prehended by the American Government. By a Treaty in 1762, (first made public in 1836,) 3 France ceded Louisiana to Spain. Genet was instructed to sound the disposition of the inhabitants of Louisiana towards the French Bepublic, and to omit no opportunity to profit by it should circumstances seem favorable. He was also to direct particu- lar attention to the designs of the Americans upon the Mississippi. 4 In one of his letters Genet says of himself, "I have been seven years a head of the bureau at Versailles, under the direction of Vergennes ; I have passed one year at London, two at Vienna, one at Berlin, and five in Eussia." 5 His dealings with the United States showed that he had gathered little wisdom from such varied experience. Before he left Charleston, which at that time had few regular means of communication with Philadelphia, he had armed and commissioned several vessels, and these vessels, dispatched to sea, had made many prizes. 6 On his arrival at Philadelphia, Jefferson met him with com- plaints ; but he justified his course at Charleston and denounced an in- terference with it as a " State Inquisition ;'" and, admitting what was complained of, he contended that he had not exceeded the rights con- ferred upon his country by the Treaty of 1778. The Secretary of State disputed his reasoning ; upon which he re- torted : " I wish, Sir, that the Federal Government should observe, as far as in their power, the public engagements contracted by both na- tions ; and that by this generous and prudent conduct, they will give at '10 Washington's Works, 239; See also Morris's opinion, 1 F. R. F., 412; and Ran- dolph's, lb., 678. 3 3 Jefferson's Works, 563. 3 6 Garden, 266. 4 8 Garden, 40-41. HF. R. F., 183. « lb., 150. i lb. 988 NOTES FRANCE. least to the world the example of a true neutrality, which does not con- sist in the cowardly abandonment of their friends, in the moment when danger menaces them, but in adhering strictly, if they can do no better, to the obligations they have contracted with them.'' 1 He continued to claim and exercise the right of using the ports of the United States as a base for warlike operations, and, as the discussions went on, his ex- pressions became stronger, and more contemptuous toward the Presi- dent and the Government of the United States. His instructions contemplated a political alliance between the two republics. 2 This was never proposed. He did propose, however, the re-arrangement of the debt due to France on the basis of the payment of a larger instalment than was required by the contract, to be ex- pended in the purchase of provisions in the United States : — and the conclusion of a new commercial Treaty. Jefferson declined the former, and as to the latter said that the participation in matters of Treaty given by the Constitution to the Senate would delay any definite answer. 3 At length his conduct became so violent and indecent (Garden speaks of Washington as "personnellement insulte" dans les actes diplo- matiques de M. Genet" 4 ) that Jefferson, on the 15th of August, 1793, instructed Morris to demand his recall. One of the first acts of his successor was to demand his arrest for punishment, which was refused by. the Government of the United States " upon reasons of law and magnanimity." 5 It was several months before the request for his recall could be com- plied with. Meanwhile, the United States being without a navy, prizes continued to be brought into their ports, and French Consuls attempted to hold prize courts within their jurisdiction. 6 Genet also applied him- self diligently at this time to the greater scheme respecting the Louisi- anas, which Garden regards as the main object of his mission. An armed expedition was organized in South Caroliua and Georgia for an attack upon Florida. 7 Garden says that he had assurances that all Louisiana desired to return under the jurisdiction of France, and he made serious preparations for conquerin g it. He prepared a co-operation of naval forces, which were to appear off the coast of Florida. The principal land forces were, to embark from Kentucky, and, descending the Ohio and the Mississippi, were to fall unexpectedly upon New Orleans." 8 ■ The action of the Government and the recall of Genet put a stop to these expeditions against Spain, although Jefferson at that time thought a war with Spain inevitable. 9 In retaliation the Executive Provisory Council of the French Eepub- lic demanded the recall of Morris. 10 In communicating the fact to him 1 lb., 151. " lb., 708. 3 lb., 568. •» 8 Garden, 43, " personally insulted by the acts of Mr. Genet." 6 1 F. R. F., 709. nb., 147. » lb., 309, 426. » a Traite"s de Paix, 42. More detailed account of this affair will be found in 2 Pitkin's Political History, 379. 9 3 Jefferson's Works, 591. '° 1 F. R. F., 463. NOTES FRANCE. ■989 Secretary Randolph said: "You have been assailed, however, from another quarter. Nothing has ever been said to any officer of our Government by the Ministers of France, which required attention until the 9th day of April last, when Mr. Favchet communicated to me a part of his instructions, indirectly but plainly making a wish for your recall. In a few days afterwards a letter was received from the Execu- tive Provisory Council, expressive of the same wish. Mr. Fanchet was answered by me, under the direction of the President, as 1 am sure your good sense will think inevitable, that the act of reciprocity de- manded should be performed." 1 Washington wrote Morris, when his successor went out: "I have so far departed from my determination as to be seated in order to assure you that my confidence in, and friendship and regard for you, remain undi- minished .* * and it will be nothing new to assure you that I am always and very sincerely, yours, affectionately;" 2 and when his corre- spondence was called for by the Senate, WasTiington himself, in associa- tion with Hamilton and Randolph, went over it (and it was voluminous) in order that nothing might be communicated which would put in peril those who had given him information, or which would re-act upon him in France. 3 When the war broke out in February, 1793, Morris wrote Jefferson: "As to the conduct of the war, I believe it to be on the part of the enemy as follows : first, the maritime powers will try to cut off all sup- plies of provisions, and take France by famine; that is to say, excite revolt among the people by that strong lever. * * It is not improb- able that our vessels bringing provisions to France may be captured and taken into England." 4 His prescience was accurate. Such in- structions were given to British men-of-war on the 8th day of June, 1793. The British measure, however, was anticipated by a decree of the National Convention of the 9th of May, authorizing ships of war and privateers to seize and carry into the ports of the Republic mer- chant-vessels which are wholly or in part loaded with provisions, being neutral property bound to an enemy's port, or having on beard mer- chandise belonging to an enemy. 8 On the 23d of the same month the vessels of the United States were exempted from the operation of this decree; 6 but on the 5th of December, 1793, President Washington sent a special message to Congress, in which he said : " The representative and executive bodies of France have manifested generally a friendly attachment to this country; have given advantages to our commerce and navigation, and have made overtures for placing these advantages on permanent ground ; a decree, however, of the National Assembly, subjecting vessels laden with provisions to be carried into their ports, and making enemies' goods lawful prize in the vessel of a friend, con- 1 Randolph to Morris, April 29, 1794, MS. Dept. of State. »1 F. R. F., 409. 3 Ran- dolph to Morris, April 29, 1794, MS. Dept. of State. HF.E. F., 350. « lb., 244. « lb. 990 NOTES FRANCE. trary to our Treaty, though revoked at one time as to the United States, has been since extended to their vessels also, as has been recently stated to us." 1 An embargo was laid upon vessels iu the port of Bordeaux, ''some exceptions in favor of those vessels said to be loaded on account of the republic" being made. 2 Morris was promised daily that the embargo should be taken off, and indemnification be granted for the losses, 3 but it was not done, and " a number of Americans," injured by it, com- plained to the Minister. 4 The embargo was not removed until the 18th of November, 1794. 6 Monroe succeeded Morris, and on the 12th February, 1795, wrote : " Upon my arrival here I found our affairs * * in the worst possible situation. The Treaty between the two Republics was violated. Our commerce was harassed in every quarter and in every article, even that of tobacco not excepted. * * Our former Minister was not only without the confidence of the government, but an object of particular jealousy and distrust. Iu addition to which it was s-uspected that we were about to abandon them for a connection with England, and for which purpose principally it was believed that Mr. Jay had been sent there." 6 Monroe's and Jay's services commenced nearly simultaneously. Mon- roe's commission was dated the 28th of May, and Jay's the 19th of April, 1794. Jay's Treaty was proclaimed the 29th of February, 1796. Monroe was not recalled until the 22d of the following August, 7 but the angry correspondenee which preceded his recall 8 may be said to have been caused by a radical difference of opinion respecting his colleague's mission to London. Whatever may have been the feeling toward Monroe's predecessor, he himself was well received. The Committee of Public Safety welcomed him " with the most distinguished marks of affection," and offered him a house, which offer he decliued. 9 He remained iu relations of personal good-will with the different G-overnments of France, and did uot fail to urge in his correspondence with the Secretary of State the policy of set- tling the differences with Great Britain by an alliance with France: 10 nor did he conceal those opinions from the Government to which he was accredited. 11 While the relations between Great Britain and the United States were balancing themselves in London on the issue of Jay's Treaty, those between the United States and France were held in like suspense in Paris. Monroe endeavored to obtain from Jay a knowledge of the negotia* tions and a copy of the Treaty. Jay refused to communicate informa- 1 1 F. R. F., 141. 2 lb., 401. 3 Ik, 403. "lb., 405. » lb., 689. » 1 F. R. F., 694. 'lb. 741. 8 lb. 658-741. 9 lb., 675. 10 See, among others, his letters in 1 F. R. F. of Nov. 20, 1794, 685; Dec. 2, 1794, 687; Jan. 13, 1795, 691; Feb. 12, 1795, 694; and March 17, 1795, 700. » Ik, 700. NOTES FRANCE. .991 tion, except in confidence, and Monroe declined to receive it uuless he should be at liberty to communicate it to the French Government. 1 A copy was, however, officially communicated to the French Minister at Washington. 2 When the fate of that Treaty was ensured, the directory at'first resolved (and so informed Monroe) to consider the alliance at an end, but they gave no formal notice to that effect. 3 In lien of that they lodged with him, on the 11th of March, 1796, a summary exposi- sition of the complaints of the French Government against the Govern, ment of the United States, namely, (1.) That the United States Courts took jurisdiction over French Prizes, in violation of the Treaty of 1778. (2.) That British men-of-war were admitted into American Ports ia vio- lation of the same article. (3.) That the United States had failed to empower any one to enforce consular judgments, which was alleged to be a violation of the Convention of 1788. (4.) That the Captain of the " Cassius " had been arrested in Philadelphia for an offence committed on the high seas. (5.) That an outrage had been committed on the effects of the French Minister within the waters of the United States. (6.) That by Jay's Treaty the number of articles contraband of war, which a neutral might not carry, had been increased above the list specified in the treaties with France, which was a favor to England. (7.) That pro- visions had been recognized in Jay's Treaty as an article contraband of war.' On the 2d of July, 1796, the directory decreed that all neutral or allied powers should, without delay, be notified that the flag of the French Eepublic would treat neutral vessels, either as to confiscation, or to searches, or capture, in the same manner as they shall suffer the English to treat them. 5 Garden says that a second decree relating to the same object was made on the 16th of the same month, and that neither decree has been printed. The translation of the first one is printed among the American documents cited above, as also the translation of a note trans- mitting it to Monroe. 6 Garden refers to Rondonneau, Repertoire g6n6ral de la Legislation francaise, vol. 11, p. 311, for the text of the second. 7 Pickering, the successor of Randolph, noticed the complaints of the French Government in elaborate instructions to Pinckney, Monroe's successor, on the 16th of January, 1797. 6 His replies were in sub- stance, (1.) That the courts had taken jurisdiction over no prizes, except when they were alleged to have been made in violation of the obliga- tions of the UDited States as a neutral, and that the cases in which in- terference had taken place were few in number and insignificant. (2.) That it was no violation of the Treaty with France to admit British ships of war into American ports, provided British privateers and prizes were excluded. (3.) That there was no Treaty obligation upon officers of the United States to enforce French consular judgments, and that the clause referred to was exceptional and ought not to be enlarged by con- i lb, 517, 691, 700. » lb., 594. 'lb., 730. "lb., 732-3. * lb., 577. ^lb.,739. '6 Gar- den Traites de Paix, 112, note. » 1 F. E. F., 559. 992 NOTES FRANCE. struction. (4.) The facts respecting the " Gassius" were stated in order to show that no offence had been committed. (5.) That the executive had taken as efficacious measures as it could to obtain satisfaction for the outrage upon Favchet. (6.) That the United States would gladly have put the definition of contraband on the same basis in its Treaties with both countries; but that Great Britain would not consent, and an inde- pendent arrangement had been made which did not affect the other Treaty arrangement made with Prance. (7.) That the stipulation as to provis- ions, without admitting the principle that provisions were contraband, would tend to promote adventures in that article to France. A correspondence respecting the same subject had also taken place at Washington, in which the same complaints of the directory were repeat- ed and other complaints were urged. 1 To the latter Pickering responded thus, in the same note in which he noticed the complaints which had been made in Paris. (1.) Charge. — That the negociation at London had been " enveloped from its origin in the shadow of mystery, and covered with the veil of dissimulation." 2 Reply. — "To whom was our Government bound to unveil it? To France or to her Minister ? * Did wo stipulate to submit the exercise of our sovereignty * * to the direction of the Government of France ? Let the Treaty itself fur- nish an answer." 3 (2.) Charge. — That the Government of the United States had made an insidious proclamation of neutrality. Reply. — That " this proclamation received the pointed approbation of Congress," and " of the great body of the citizens of the United States." (3.) Charge.— That the United States " suffered England, by insulting its neutrality, to interrupt its commerce with France." " Reply. — That a satisfaction had been demanded and obtained in a peaceable manner — by Treaty, and not by war. (4.) Charge. — That they " allowed the French colonies to be declared in a state of blockade." Reply. — That the United States, as a neutral, could only question the sufficiency of a blockade, and that they would do so when facts should warrant it. (5.) Charge. — That the United States eluded advances for renewing the Treaties of commerce. Reply. — That Genet was the first French Minister who had been empow- ered to treat on those subjects, and the reasons for not treating with him were well known ; that his successor, Favchet, had not been so em- powered, and that the United States had always been ready to negotiate with Adet, and all obstacles had come from him since the ratification of Jay's Treaty. (6.) Charge. — That the United States were guilty of in- gratitude towards Frauce. Reply. — That the United States, appreciat- ing their obligations to France, had done something themselves towards the achievement of their independence; that, " of all the loans received from France in the American war, amounting nearly to 53,000,000 livres, the United States under their late Government had been enabled to pay not 2,500,000 livres ; that the present Government, after paying up the 1 1 F. R. F., 579. 2 lb., 581. » lb., 561. NOTES FRANCE. 993 arrearages and instalments mentioned by Mr. Jefferson, had been con- tinually anticipating the subsequent instalments until, in the year 1795, the whole of our debt, to Prance was discharged, by the payment of 11,500,000 livres, no part of which would have become due untij Sept. 2, 1796, and then only 1,500,000, the residue at subsequents periods, the last not until 1802." (7.) Charge.— That English vessels were impress- ing American seamen. Reply. — That this concerned the Government of the United States only ; and that as an independent nation they are not obliged to account to any other power respecting the- measures which . they judge proper to take in order to protect their own citizens. Other less important points were discussed, as will be seen by referring to the correspondence. The course of the French was giving rise to many claims : — for spolia- tions and maltreatment of vessels at sea, for losses by the embargo at Bordeaux, for the non-payment of drafts drawn by the colonial adminis- trations, for the seizure of cargoes of vessels, for non-performance of contracts by government agents, for condemnation of vessels and their cargoes in violation of the provisions of the Treaties of 1778, and for captures under the decree of May 9, 1793. Skipwith, the Consul-Gen- eral of the United States in France, was directed to examine into and report upon these claims ; his report was made on the 20th November, 1795. 1 On the 9th of September, 1796, Charles Ootesworth Pinckney was sent out to replace Monroe, with a letter from the Secretary of State, saying: " The claims of the American merchants on the French Bepub- lic are of great extent, and they are waiting the issue of them, through the public agents, with much impatience. Mr. Pinckney is particularly charged to look into this business, in which the serious interests, and, in some cases, nearly the whole fortunes of our citizens are involved."* But the directory, early in October, 1793, recalled their Minister from the United States. 3 Before Pinckney could arrive in France, they, " in order to strike a mortal blow, at the same moment, to British industry and the profitable trade of Americans in France, promulgated the famous law of the 10th Brumaire, year 5, (31st October, 1796,) whereby the im- portation of manufactured articles, whether of English make or of English commerce, was prohibited both by land and sea throughout the French Eepublic ; m and, on his arrival, they informed Monroe " that the directory would no longer recognize or receive a Minister Plenipo- tentiary from the' United States, until after a reparation of the griev- ances demanded of the American Government, and which the French Eepublic has a right to expect." 5 Pinckney was thereupon ordered to quit France under circumstances of great indignity, 6 and Monroe took his formal leave on the 30th De. cember, 1796. In reply to his speech at that time, the President of the 1 1 F. E. F., 753-758. » lb., 742. * lb., 745. * 6 Garden, 117. »;i F. E. F .,746. «2F E. F., 7-10. 994 NOTES — FKANCE. Directory said : " By presenting, this day, to the Executive Directory your letters of recall, you offer a very strange spectacle to Europe. France, rich in her freedom, surrounded by the train of her victories-} and strong in the esteem of her allies, will not stoop to calculate the consequences of the condescension of the American Government to the wishes of its apcient tyrants. The French Eepublic expects, ^however, that the successor's of Columbus, Ealeigh, and Penn, always proud of their liberty, will never forget that they owe it to France. They will weigh, in their wisdom, the magnanimous friendship of the French peo- ple with the crafty caresses of perfidious men, who meditate to bring them again under their former yoke. Assure the good people of Amer- ica, Mr. Minister, that, like them, we adore liberty; that they will always possess our esteem, and find in the French people that republican generosity which knows how to grant peace as well as to cause its sov- ereignty to be respected." 1 ' The moment this speech was concluded, the Directory, accompanied by the Diplomatic Corps, passed into the audience-hall to receive from an Aid-de-Camp of Bonaparte the four Austrian colors taken at the battle of Areola. 2 The Diplomatic Corps may, therefore, be presumed to have witnessed this indignity. A French writer of authority thus characterizes these incidents: " Ainsi ce gouvernement pr^tendait que les 6tats-unis acc^dassent a ses demandes sans examen, sans discussion pr6acable; a cet outrage, le gouvernement francais en ajouts a un autre : lorsque M. Monroe prit publiquement conge" du directoire ex^cutif, Barras, que en £tait le pre- sident, lui adressa un discours rempli d'expressions qui durent choquer les Americains." 3 In closing the sketch of what took place during the administration of President Washington, it only remains to say that in addition to the acts of the 2d of July and the 31st of .October, 1796, already re- ferred to, 4 the Executive Directory, on the 2d of March, 1797, decreed that all neutral ships with enemy's property on board might be captured; that enemy's property in neutral bottoms might be confiscated ; that the Treaty of 1778 with the United States should be modified by the opera- tion of the favored nation clause, so as to conform to Jay's Treaty, in the following respects : (1) That property in American bottoms not proved to be neutral should be confiscated ; (2) That the list of con- traband of war should be made to .conform to Jay's Treaty ; (3) That 'lb., 747. aR&iacteur, No. 382, January 1, 1797. 3 6 Garden, Traite"s de paix, 118. " Thus this government pretended that the United States should aeeede to its demands without examination, without discussion. To this outrage the French Government added another : While Mr. Monroe took public leave of the Executive Directory, Bar- ras, who was the President, made him a speech full of expressions calculated to shock the Americans." " 1 F. K. F., 577. NOTES FRANCE. 995 Americans taking a commission against France should be treated as pirates : and that every American ship should be good prize which should not have on board a crew-list in the form prescribed by the model annexed to the Treaty of 1778, the observance of which was re- quired by the 25th and 27th Articles. 1 The 25th Article made provision for a passport, and for a certificate of cargo. The 27th Article took notice only of the passport ; and the model of the' passport only was annexed to the Treaty. The Treaty required that the passport should express the name, property, and bulk of the ship, and the name and place of habitation of the master, but it made no provision respecting the crew-list. After the adoption of the Constitution, Congress, by general laws, made provision for national official documents, for proof of, among other things, the facts referred to in the 25th and 27th Arti- cles of the Treaty with France. The name of the ship was to be painted on her stern, and to be shown in the Eegister f her ownership was to be proved on oath, and be stated in the Eegister, 3 and her ton- nage was to be stated in the same instrument, as the result of our official survey. 4 Equally cogent laws were made to ensure an accurate crew-list. 5 It is probable, therefore, that when the decree of March 2, 1797 was made, there was not an American ship afloat with the re- quired documents ; and it is equally probable that the Frencli Govern- ment, which, with the whole civilized world, had acquiesced in the suf- ficiency of the new national system, knew that to be the fact. The decree was, therefore, equivalent in its operation to a declaration of maritime war against American commerce. The United States had at that time no navy against which such a war could be carried on. The difficulties in dealing with these questions were increased by the attitude of other foreign powers. The Batavian Bepublic besought the United States Minister to represent to his Government " how use nil it would be to the interests of the inhabitants of the two republics, that the United States should at last seriously take to heart the number- less insults daily committed on their flag by the English ;" 6 and the Span- ish Minister at Philadelphia formally remonstrated against the British Treaty of 1794 as a violation of a Treaty with Spain concluded a year later, because it did not make the neutral flag secure the goods ; be- cause it extended the list of contraband ; and because it assumed that Great Britain had the right of navigation of the Mississippi. 7 President Adams, in his speech at the opening of the first session of the Fifth Congress, (May 16, 1797,) said : " With this conduct of the French Government it will be proper to take into view the public au- dience given to the late minister of the United States, on his taking leave of the Executive Directory. The speech of the President dis- closes sentiments more alarming than the refusal of a minister, because 1 2F.R.P,31. 2 1 St. at L., 288. 3 lb. 289. * lb., 290 ; see also lb., 55, et seq. 6 Ib., 31. 6 2F.R. F.,13. 'lb., 14. 996 NOTES PEANCE. ?nore dangerous to our independence and union, and at the same time studi. ously marked with indignities towards the Government of the United States. It evincesa disposition to separate the people of the United States from the Government ; to persuade thern that they have different affec- tions, principles, and interests from thoseof their fellow-citizens whom they themselves have chosen to manage their common concerns ; and thus, to produce divisions fatal to our peace. Such attempts ought to be repelled with a decision which shall convince France and the world that we are not a degraded people, humiliated under a colonial spirit of fear and sense of inferiority, fitted to he the miserable instruments of foreign influence, and regardless of national honor, character, and in- terest. * * * " The diplomatic intercourse between the United States and France being at present suspended, the Government has no means of obtaining odicial information from that country; nevertheless there is reason to believe that the Executive Directory passed a decree on the 2d of March last, contravening, in part, the treaty of amity and commerce of 1778, injurious to our lawful commerce, and endangering the lives of our citi- zens. A copy of this treaty will be laid before you. "While we are endeavoring to adjust all of our differences with France, by amicable negotiation, the progress of the war in Europe, the depredations on our commerce, the personal injuries to our citizens, and general complexion of affairs, render it my indispensable duty to recom- mend to your consideration effectual measures of defence. 1 " It is impossible to conceal from ourselves, or the world, what has been before observed, that endeavors have been employed to foster and establish a division between the government and people of the United States. To investigate the causes which have encouraged this attempt is not necessary. But to repel, by decided and united counsels, insinua- tions so derogatory to the honor, and aggressions so dangerous to the Constitution, union, and even independence of the nation, is an indis- pensable duty." 3 The answer of the House to this speech was in a conciliatory spirit ; and on the first of the following June Congress yielded so far as to pass a law providing for passports for ships and vessels of the United States. 3 Congress adjourned on the 10th of July. On the 13th President Adams commissioned Charles Cotesworth Pinckney, John Marshall, and Elbridge Gerry as Envoys to proceed to France and endeavor to renew the relations which had been so rudely broken by the Directory. Their instructions will be found in the 2d volume of the Folio Foreign Eela- tions, pages 153, et seq. Among other matters they were to secure an adjustment of the claims for spoliations of citizens of the United States, by this time amounting to many millions of dollars. ' 1 Annals 5th Cong., 55. 2 lb., 59. 3 i st< at Ll| 489. NO TE S — FEAM CE. 997 They arrived in Paris on the evening of the 4th of October, 1797, 1 and at once notified the Foreign Minister of their presence and requested an interview. Instead of receiving them, three gentlemen, who have become known in history as X, Y, and Z, waited upon them at various times, sometimes singly and sometimes together, and claimed to speak for Talleyrand and the Directory. They told the Envoys that they must pay money, " a great deal of money ;"' 2 and when they were asked how much, they replied " fifty thousand pounds sterling " 3 as a douceur to the Directory, and a loan to France of thirty-two millions of Dutch florins. They said that the passages in the President's speech, which are quoted above, had offended the Directory, and must be retracted, and they urged upon the commissioners in repeated interviews the ne- cessity of opening the negotiations by proposals to that effect. 4 The American commissioners listened to their statements, and after consultation determined that they " should hold no more indirect inter- course with the Government." 5 • They addressed a letter to Talleyrand on the Hth of November, informing him that they were ready to nego- tiate. 6 They got no answer ; but on the 14th of December X appeared again 7 on the 17th Y appeared, 8 and on the 20th " a lady, who is wellh acquainted with M. Talleyrand," talked to Pinckney on the subject ; 9 still they got no answer from Talleyrand, and on the 18th of January they read the announcement of a decree that every vessel found at sea loaded with merchandise the production of England should be good prize. 10 Though unrecognized, they addresed an elaborate letter on the 27th of January, 1798, to Talleyrand, setting forth in detail and with great ability the grievances of the United States. 11 On the 2d of March, they had an interview with him. He repeated that the Directory had taken offence at Mr. Adams's speech, and added that they had been wounded by the last speech of President Washington. He complained that the Euvoys had not been to see him personally ; and he urged that they should propose a loan to France. 12 Pinckney said that the propositions seemed to be those made by X and Y. The Envoys then said that they had no power to agree to make such a loan. On the 18th of March Talleyrand transmitted his reply to their note. He dwelt upon Jay's Treaty as the principal grievance of France. He says " he will content himself with observing, summarily, that in this Treaty everything hav- ing been calculated to turn the neutrality of the United States to the dis- advantage of the French Eepublic, and to the advantage of England ; that the Federal Government having in this act made to Great Britain concessions the most unheard of, the most incompatible with the in- terests of the United States, the most derogatory to the alliance which subsisted between the said States and the French Eepublic, the latter was perfectly free, in order to avoid the inconveniences of the Treaty of '2FE. F., 157. 2 lb., 159. « lb. * lb., 158-168. 6 lb., 164. 6 lb., 166. 'lb. 8 Ib., 177. 9 Ib. 167. ">Ib„ 182. "lb., 169. » lb., 186. 998 NOTES — FKANCE. London, to avail itself of the preservative means with which the law of nature, the laws of nations, and prior treaties furnish it." He closed by stating "that notwithstanding the kind of prejudice which has been entertained with respect to them, the Executive Directory is disposed to treat with that one of the three whose opinions, presumed to be more impartial, promise, in the course of the explanations, more of that reciprocal confidence which is indispensable." 1 Gerry was the member referred to. The three Envoys answered "that no one of the thre,e was authorized to take the negotiation upon him- self. 2 Pinckneyand Marshall then left Paris. Gerry remained. Talley- rand tried to induce him to enter into negotiations for a loan to Prance, but he refused. 3 Before he left Paris, a mail arrived from America bringing printed copies of the despatches of the Envoys, with accounts of their interviews with X, Y, and Z and " the lady." Talleyrand at once asked Gerry for the four name s. 4 Gerry gave him the name of Y, Mr Bellamy, and Z, Mr. Hautval, and said that he could not gi^ethe lady's name, and would not give X's name. The name of X is preserved in the Department of State. Gerry left Paris on the 26th July, 1798. _ The President transmitted to Congress the reports of the Envoys as fast as they were received; and when he heard of Marshall's arrival in America he said to Congress, " I will never send another Minister to France without assurances that he will be received, respected, and honored as he representative of a great, free, powerful, and independent nation." 5 The statutes of the United States show the impression which the news made upon Congress. The "Act to provide an additional armament for the further protection of the trade of the United States, and for other purposes," 6 is the first of a series of acts. It was passed in the House amid great excitement. Edward Livingston, who closed the debate on the part of the opposition, said : " Let no man flatter himself that the vote which has been given is not a declaration of war. Gentlemen know that this is the case." 7 This was followed in the course of a few weeks by acts organizing a Navy Department ; 8 for increasing or regulating the Army; 9 for purchasing arms ; 10 for construction of vessels ; u for au- thorizing the capture of French vessels ; 12 for suspending all intercourse with France ; 13 for authorizing merchant-vessels to protect themselves ; 14 for abrogating the Treaties with France ; 15 for establishing a Marine Corps ; 16 and for authorizing the borrowing of money." In the next ses- sion of Congress further augmentation of the Navy 18 and of the Army 19 was made ; the suspension of intercourse was prolonged, 20 and provis- ions were made for restoring captured French citizens^ 21 and for retali- ations in case of death from impressments. 22 1 lb., 190-191. 3 lb., 199. 3 lb., 204-238. ■'lb., 210. 6 lb., 199. « 1 St. at L., 552. 2 Annals 5th Cong., 1519. «1 St. at L., 553. "lb., 552, 558, 604. '°Ib., 555,576. "lb., 556,569,608. 12 Ib., 561,578. 13 Ib., 565. »Ib., 572. 16 Ib., 578. 16 Ib., 594. "lb., 607. 18 lb., 621. " lb., 725. ! °Ib., 613. 21 Ib., 624. »»Ib., 743. NOTES — FRANCE. 999 Washington was made Lieutenant-General and Commander-in-Chief of the Army, and, in accepting, said : " The conduct of the Directory of Prance towards our country ; their insidious hostility to its Govern- ment ; their various practices to withdraw the affections of the people from it ; the evident tendency of their acts and those of their agents to countenance and invigorate opposition; their disregard of solemn treaties and the law of nations ; their war upon our defenceless com- merce ; their treatment of our Ministers of peace ; and their demands, amounting to tribute, could not fail to excite in me corresponding senti - ments with those my countrymen have so generally expressed in affec- tionate addresses to you." 1 The Attorney-General gave an opinion that a maritime war existed between France and the United States, authorized by both nations, 2 but Congress never made the constitutional declaration of war, nor was such a declaration made on the other side. It was on the 21st of June that President Adams informed Congress of the terms on which alone he would be .willing to send a new Minister to France. Talleyrand immediately opened indirect means of communi- cation with the American Cabinet through Murray, the American Min- ister at the Hague, 3 and on the 28th of September he sent word through Pichon, the French Secretary of Legation at the same place, that "what- ever plenipotentiary the Government of the United States might send to France in order to terminate the existing differences between the two countries, he would be undoubtedly received with the respect due to the representative of a free, independent, and powerful nation." 4 To this proffer, embodying the language of the President's message to Congress, the President replied by empowering Chief-Justice Ellsworth, Mr. Davie, and Mr. Murray "to discuss and settle, by a Treaty, all contro- versies between the United States and France." 5 When these Envoys arrived in France they found that the Directory had been overthrown, 6 and they had to deal with Bonaparte as first Consul. They succeeded in restoring good relations. An account of their negotiations will be found in the 2d volume of the Folio Edition of the Foreign Eelations, pages 307 to 345. Their instructions required them to secure, (1) A claims commission. (2) Abrogation of the old treaties. (3) Abolition of the guarantee of 1778. (4) No agreement for a loan 4 (5) No engagements inconsistent with prior Treaties, meaning- doubtless Jay's Treaty. (6) No renewal of the peculiar jurisdiction con- ferred on consuls by the convention of 1788. (7) Duration of a Treaty not to exceed twelve years. 7 The negotiators exchanged their powers on the 7th of April, 1800, and concluded a treaty on the 30th of the following September, which (1) declared that the parties could not agree upon the indemnities; (2) 'Annals 5th Cong., 622. »1 Op. At.-Gen., 84, Lee. 3 2 F. E. F., 241. •'lb., 242. 6 lb., 243. 61^307. ? ib., 306. » lb., 313-14. 1000 NOTES FRANCE. nor as to the old treaties ; (3) and consequently was silent respecting the guarantee; but (4) made no provisions for a loan; (5) made no engagements inconsistent with prior treaties ; (6) did not renew the objectionable consular provisions ; and (7) no limitation was set to its operation. When it was submitted to the Senate that body advised its ratifica- tion, provided the second article concerning indemnities should be expunged, and that the convention should be in force for eight years from the date of the exchange of the ratifications. The French Gov- ernment assented to the limitation of the duration of the Treaty, and to the expunging of the 2d article, upon condition that it should be un- derstood that thereby each party renounced the pretensions which were the objects of the article ; which was assented to by the Senate. 1 On the day following the signature of this Treaty in Paris, (Sept. 30, 1800,) a secret breaty was concluded at St. Ildefonso between France and Spain, which came to be of importance to the United States. This was the Treaty by which Louisiana was restored to France. In con- sideration of the elevation of the Duke of Parma to the rank of King, and the enlargement of his territory, it was agreed that " Sa Majeste Catholique donnera les ordres necessaires pour que la France occupe la Louisiane au moment ou S. A. E. le due de Parme sera mise en possession de ses nouveaux Etats." 2 The United States were anxious concerning the effect of this upon their future. 3 But the failure of the Treaty of Amiens to restore a per- manent peace induced Napoleon to determine to transfer all the Louisi- anas to the United States. He consulted Berthier and Marbois. The conference lasted far into the night. Berthier opposed the session. Marbois favored it. Early the next morning he called Marbois to him and said, " Je renonce a la Louisiane. Ce n'est point seulement la Nouvelle-Orl6ans que je veux c6der; e'est toute la colonie sans en rieu reserver." 4 The interview took place on the 10th of April ; 5 the decision was made on the morning of the 11th. ' On the afternoon of the same day the negotiations opened by an abrupt question from Talleyrand to Liv- ingston whether the United States wished for the whole of Louisiana. Livingston, who had been instructed only to negotiate for New Orleans,, and the Mississippi as a boundary line, 6 said, " No, we only want New Orleans and the Floridas." 7 But he soon found that he was dealing with a much larger question, and Monroe arrived the same day from America with fresh instructions to aid in its disposition. Napoleon 1 lb., 344. 2 8 Garden, 48, S. Doc. 56, 2d Seas. 23d Cong. " His Catholic Majesty will give the necessary orders so that France may occupy Louisiana the moment when His Royal Highness the Duke of Parma shall be put in possession of his new State." 3 2 F. K. F., 552. 4 8 Garden, 64. " I renounce 'Louisiana. It is not New Orleans only that I wish to cede ; it is all the colony, reserving nothing." 6 8 Garden, 54. 6 6 F. K. F., 162, No. 460. '2 F. E. F., 552. NOTES FRANCE. 1001 empowered Marbois to negotiate for Prance, and instructed him to con- sent to the transfer, provided he could secure 50,000,000 francs. He did secure 80,000,000, twenty millions of which were to be applicable to the extinguishment of claims against France, and sixty millions were payable in cash to Prance. When it was concluded, Napoleon said : "Cette accession de territoire, affermit pour toujours la puissance des Etats-TJnis, et je viens de donner a l'Angleterre un rival maritime, qui tdt ou tard 1 abaissera son orgueil." Between the conclusion of the two Treaties of 1800 and 1803 a corre- spondence arose respecting the construction of the former Treaty. 2 Eobert Livingston, the Minister of the United States, complained that the Council of Prizes (which he regarded " as a political board") 3 was proceeding in violation of the provisions of the Treaty. On the 26th of January, 1802, he was " almost hopeless " as to the claims. 4 His anxiety communicated itself to Madison. 5 The French Court next pro- posed to meet the French obligations ia paper money, 6 while the appro- priations on the American side were payable in coin. 7 Livingston thought Bonaparte stood in the way, and that, should anything happen to him, France would " very soon be able to look all demands in the face." 8 Monroe was sent out to aid in the negotiations,' with special powers as to New Orleans and the Floridas. 9 He arrived just in time to find the First Consul bent on parting with Louisiana and settling with the United States. On the 9th of March, 1803, Talleyrand was already giving signs of yielding. He expressed surprise at the amount of the American claims advanced by Livingston, (20,000,000 francs,) but avowed his purpose of paying them, whatever they might be, and asked for a specified statement. 10 An explanation, which may account for part of this, may be found in two dates. The peace of. Amiens was signed the 25th of March, 1802 ; the declaration of the renewal of the war was dated the 18th of May, 1803. The Convention of 1800, after providing for the restoration of certain captured property, contained a provision that the debts contracted by one of the two nations with individuals of the other should be paid, n but that this clause should not extend to indemnities claimed on account of captures or condemnations. The Convention of 1803 stipulated that these debts, with interest at six per cent., should not exceed twenty mil- lions of francs. To entitle a claimant to participate in this fund, it was necessary : 1. That he should be a citizen of the United States who had been, and was at the time of the signing of the Treaty, a creditor of France, and who had no established house of commerce in France, England, or other 1 8 Garden, 88. " This accession of territory consolidates forever the power of the United States, and I have just given to England a maritime rival who sooner or later will humble her pride." 2 6 F. K. F., 154-168. 3 Ib., 156. 4 lb. 6 lb., 158. 6 lb., 161. 'lb., 163. To., 163. 9 ib., 166. >°Ib., 167-168. "Art. 5. 1002 NOTES FEANCE. country than the United States, in partnership with foreigners ; 2. That, if the claim were for a debt, it should have been contracted for supplies before the 30th of September, 1800, and should have been claimed of the actual G-overnment of Prance before the 30th of April, 1803; 3- That, if for prizes, it shoald not be for a prize whose condemnation had been or should be confirmed ; 4. That, if for captures, it should not be a case in which the council of prizes had ordered restitution, or in which the claimant could not have had recourse to the government of the French Republic, or where the captors were sufficient ; 5. That it should either be for supplies, for embargoes, or for prizes made at sea, in which the appeal had been properly lodged within the time mentioned in the Convention of 1800. The distribution of this money gave rise to some sharp correspondence. 1 The claims which were excluded from participation in the distribution have become known as the "French Spoliation Claims." They have been often the subject of Congressional discussion and report. 2 The argument by which it is maintained that they should be paid by the United States may be briefly stated thus : (a.) The claims were valid claims against France, because they are founded upon torts committed in violation of the canons of international law, in a time of peace. (6.) The United States relinquished these claims to France upon condition that France should surrender to them its national claims against them for alleged infractions of the Treaties of 1778 and 1788, and should con- sent to the abrogation of those Treaties, (c.) Therefore, the United. States, having appropriated to itself a benefit resulting from the losses of its citizens, should make compensation to the sufferers. The argument of the other side may be stated thus : (a.) They were the cause of a war between France and the United States, by which they were expunged in- the course of the operation of the ordinary rules of international law ; but even admitting the contrary, those claims which were not recognized by the Treaty of 1803 could not have been enforced against France without violating established canons of international law. - (&.) No bargain was made with France respecting the guarantee* (c.) Therefore, the conclusion which is drawn from that alleged fact is incorrect. The points in dispute, therefore, relate (1) to the fact whether there was or was not a recognized state of war ; (2) whether the relinquish- ment of the guarantee in the 11th Article of the Treaty of 1778 was an element in the conclusion of the Treaty of 1800 ; (3) whether that agree- ment of guarantee had an appreciable money value. The evidence on these several points is to be found in the documents already referred' to. On the subject of the guarantee it appears that with the exception of l 6 F. E. F., 182-207. 2 See particularly 5 F. E. F., 314, 352, and 6 F. E. F., 3-207, 558, 1121, and S. E. 10, 2d Seas. 41st Cong., and the various authorities there cited; also, among others, an elaborate debate in the Senate, 11 Debates, 2d Sess. 23d Cong. NOTES PRANCE. 1003 the statement of Genet, made at his 'first interview with Jefferson al . ready referred to, and another statement made some months after his recall had been demanded, which was not recognized by his own Gov- ernment in its subsequent action, 1 the French did not regard it as a matter of consequence until it was brought forward by the American Envoys in 1800 ; but that the Americans from the beginning regarded it as of great consequence, and that they determined to get rid of it at all events. With regard to the existence of a state of war, the American Attorney-General in 1799, and the French Envoys in 1800", each said that there was a state of war subsisting between the two nations ; but on the other hand neither government declared such to be the fact. With regard to the money value, there is corresppndence between the Envoys in 1800, which shows the estimate which either side put upon all the en- gagements which it was proposed to abrogate. 2 The course of Napoleon in the subsequent wars of the Empire gave rise to still farther claims. The various and oppressive orders and de- crees of Great Britain on the one side and of France on the other, dur- ing the wars of Napoleon, will be found in the 3d volume of the Folio Edition of the Foreign Eelations, those of Great Britain between pages 263 and 284, and those of France between pages 284 and 292. The Ber- lin decree will be found on page 289, and the Milan decree on page 290. On the 21st of November, 1806, Napoleon declared the British islands to be in a state of blockade, and interdicted all commerce and corre- spondence with them. This decree was issued from the Imperial camp at Berlin. On the 7th of January, 1807, it was ordered at a court of the Privy Council, in London, that no vessel should be permitted to trade from one port to another, both ports of which should be in pos- session of France or her allies. On the 11th of November, 1807, it was further ordered in council, at London, that all French ports should be subject to the same restriction as to trade as if actually blockaded, and that all commerce in articles of French growth or manufacture should he considered unlawful, and that all neutral vessels found carry- ing French certificates should be deemed lawful prize. Napoleon re- torted, on the 17th of December, 1807, by issuing the decree known as the Milan decree, by which it was ordered that all ships which had sub- mitted to be searched by British ships, or had paid a tax to the British Government, should be regarded as denationalized, and as lawful prize ; that the British Islands were in a state of blockade, and that vessels proceeding from or sailing to England were lawful prize. Congress met these violations of neutral rights by two acts : (1) The "act laying an embargo on all ships and veaar.;s in ilm ports and harbors of the United States;" 3 (2) The "act to interdict the commercial intercourse between thetJnited States and GreatBritain andFrance,and their dependencies." 4 An English writer of authority says of the latter statute, "It conveyed -IF. R. F.,246. *2F. E. F., 335. = 2 St. at L., 451. 4 lb., 528. 1004 NOTES FRANCE. a just and dignified rebuke both to France and England, and it was worthy of the country which has contributed such valuable materials to the edifice of international law." 1 . The mercantile marine of the United States suffered greatly from these arbitrary orders and decrees. When peace was restored and a settled government was established in France, the United States made recla- mations for these classes of claims. 2 France met them by counter claims. 3 It was asserted that by the. terms of the 8th Article of the Treaty for the cession of Louisiana the ships of France were to be treated upon the footing of the most fav- ored nation in the ports of the ceded country, but that the vessels of England were enjoying favors there which were denied to the ves- sels of France. The United States replied that the vessels of Eng- land enjoyed these additional favors by virtue of a reciprocal agree- ment, and that there was no such reciprocal agreement with France. The French Minister rejoined that the rights of France were absolute under the Treaty to enjoy the privileges, of the most favored nation without an obligation to confer similar privileges on American vessels in the ports of France. 4 The negotiations on these two points continued for over ten years. The United States struggled to separate them, but France refused to consider the claims apart from the alleged violation of the Treaty 'of 1803, or to abandon her position respecting that Treaty. 5 Pending these negotiations the Commercial Treaty of 1822 was concluded. 6 At length it was agreed to determine both questions in the Treaty of Jnly 4, 1831. France was to pay 25,000,000 francs in full satisfaction of the American claims; the United States were to pay 1,500,000 francs in satisfaction of certain French claims ; the United States were to reduce the duties on French wines ; and France in consideration of the latter agreement was to relinquish its claims and reclama'tions respecting the 8th Article of the Treaty of cession of Louisiana. 7 The ratifications of this Convention were exchanged on the 2d of Feb- ruary, 1832, and on the 13th of the following July Congress passed an Act to carry it into effect. 8 It provided for a commission to take proof of the claims, and also for the agreed reduction of duties upon the wines of France. Under this commission the claims which had been preferred against the Netherlands as well as some which had been preferred against Naples and Spain 9 were proved and allowed against France. 10 The first instalment under this Treaty was to be paid at the expira- tion of one year next following the exchange of the ratifications ; that is, it became payable on the 2d day of February, 1833. But no provision 1 Phillimore on International Law, part ix, ch. 10,sec. 168. 2 5F. R. F., 17. 3 Ib., 640. "lb., 149-213, 640-674. 6 Ib., 17, 136, 282, 351, 476; 6 lb., 384, 613. 6 5 lb., 149- 213. ' II. E. Doc. 147, 2d Seas. 22d Cong. " 4 St. at L., 574, which was extended June 19, 1834 ; lb., 679. See also lb., 778. 9 5 F. R. F., 598-629 ; 6 lb., 497-503. 10 S. E. Doc. 417, 1st Sess. 23d Cong. ; H. E. Doc. 117, 1st Sess. 24th Cong. NOTES FRANCE. 1005 was made for its payment ; and on the 18th of April, 1834, the French Chamber of Deputies, by a vote of 176 to 168, refused to make the" ap- propriations necessary to carry out the provisions of the Treaty. 1 At the opening of the 2d Session of the 23d Congress, (December 1834,) President Jackson, after stating in detail successive neglects of France to make or provide for the payments under this Treaty, said : u The Executive branch of this Government has, as matters stand, exhausted all the authority upon the subject with which it is invested, and which it had any reason to believe could be beneficially employed. The idea of acquiescing in the refusal to execute the Treaty will not, I am confi- dent, be for a moment entertained by any branch of this Government; and further negotiation upon the subject is equally out of the question." 2 After a discussion in the Senate, in which Clay, Webster, Buchanan, Calhoun, Clayton and others took part, 3 it was voted unanimously, " it is inexpedient at present to adopt any legislative measures in regard to ' the state of affairs between the United States and France." 4 The Pre- sident, on the 7th of the following February, transmitted to the House of Representatives further correspondence from Edward Livingston, then Minister at Paris f and again on the 25th of the same month still further correspondence, by which he said, "it will be seen that I have deemed it my duty to instruct Mr. Livingston to quit France with his Legation, and return to the United States, if an appropriation for the fulfilment of the Convention shall be refused by the Chambers." 6 The next clay the Committee of Foreign Affairs reported to the House respect- ing the " Relations with France." There was a majority report and a minority report. Cambreleng presented the former; the latter was signed by Edward Everett, Bobt. P. Letcher, and E. Coulter. 7 Cam- breleng opened the discussion on Saturday, the 28th of February, with a short speech. John Quincy Adams followed at length. Archer, Pick- ens, Cambreleng, Everett, Wise, .the best talent of the House, partici- pated in the debate. It closed late at night by the adoption of a reso- lution that in the opinion of the House the Treaty of July 4th, 1831, should be maintained and its execution insisted on, and that prepara- tions ought to be made for any emergency growing out of our relations with France. 8 Livingston left Paris under instructions from the President, 9 and was followed by Barton, whom he had left as Charge" d' Affaires. 10 This caused the withdrawal from Washington of Pageot, the French Minis- ter, 11 and the complete rupture of diplomatic relations. On the 8th of February, 1836, the President informed Congress that the mediation of Great Britain had been offered to adjust these differ- 'H.E.Doc, 2,2dSess. 23d Cong., 543. 2 II Debates, part 2, appendix 4, 5. 3 lb. part 1, 103, 200. « lb., 215. 6 H. E. Doc. 136, 2d Sess. 23d Cong, f H. E. Doc. 174, 2d Seas. 23d Cong. » H. K. 133, 2d Sess. 23d Cong. 8 11 Debates, part 2, 1633-4 ; for the debate see 1531-1565, 1570-1634. 9 Docs, with President's Message, 1st Sess. 24th Cong. i° S. E. Doc. 62, 1st Sess. 24th Cong., No. 5, p. 10. » lb., No. 12, p. 15. 1006 NOTES — FRANCE. ences. 1 Some of the proceedings which had taken place in the Cham- ber of Peers in Paris may be found in a message of the 15th of that month. 2 On the 22d the President was able to announce to Con- gress that the French Government had determined to execute the Treaty, and that the mediation had therefore become unnecessary. 3 The payments of the instalments were duly made. Thenceforward diplo- matic relations were resumed, and the last difficulty with France, arising from the wars of Napoleon, disappeared. The Consular Convention of 1853 gave rise, in 1854, to a serious dif- ference. It is provided in the second article of the Convention that Consuls "shall never be compelled to appear as witnesses before the courts. When any declaration for judicial purposes, or deposition, is to be received from them in the administration of justice, they shall be invited, in writing, to appear in court, and, if unable to do so, their tes- timony shall be requested in writing, or be taken orally at their dwell- ings." But the 6th amendment to the Constitution of the United States says that " in all criminal prosecutions the accused shall enjoy the right * * to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor." 4 In the spring of 1854 the Mexican Consul at San Francisco being under indictment for an offence against the sovereignty of the United States, the prosecuting officer asked to have the evidence of the French Consul at San Francisco taken. The Consul claimed his privilege un- der the Treaty, and it was allowed. Then the accused claimed his con- stitutional privilege of a compulsory process to oblige the Consul to appear as a witness in his favor, and it was granted. Thereupon a po- litical correspondence ensued, marked with some warmth on the part of the subordinates, but with good judgment and temperate statements on the part of Mr. Marcy and Mr. Drouyn de Lhuys. It was terminated in August, 1855, by an agreement that " when a French national ship or squadron shall appear in the harbor of San Francisco, the United States authorities there, military or naval, will salute the national flag borne by such ship or squadron, with a national salute, at an hour to be specified and agreed on with the French naval commanding officer pres- ent, and the French ship or squadron whose flag is thus saluted will return the salute gun for gun." 5 And the President, in his message at the opening of the next session of Congress, said, " I announce with much gratification that since the adjournment of the last Congress the question then existing between this Government and that of France, respecting the French Consul at San Francisco, has been satisfactorily determined, and that the relations of the two governments continue to be of the most friendly nature." 6 1 H. E. Doc. 103, 1st Sesa. 24th Cong. 2 S. E. Doc. 161, 1st Seas. 24th Cong. 3 S. E. Doc. 187, 1st Seas. 24th Cong., alao H. E. Doc. 116, aame Cong. < 1 St. at L., 21. 5 Ma- aon to Mtircy, No. 65, Aug. 13, 1855, encloaure, MS. Dept. of State. 6 S. E. Doc. 1, 1st Sess. 34th Cong. NOTES FRANCE. 1007 Opinions of the Supreme Court of the United States. The treaty of atnity and commerce of 1778 with France, Article 11, enabling French subjects to purchase and hold lands in the United States, being abrogated in 1798 ; the act of Maryland of 1780, permit- ting the lands of a French subject who had become a citizen of that State, dying intestate, to descend on the next of kin, being a non- naturalized Frenchman, with a proviso vesting the lands in the State if the French heirs should not within ten years become resident citizens of the State, or convey the lands to a citizen ; and the convention of 1800, between France and the United States, enabling the people of one country, holding lands in the other, to dispose of the same by testament, and to inherit lands in the other, without being naturalized : Held, that the latter treaty dispensed with the performance of the condition in the act of Maryland, and that the constitutional rale applied equally to the case of those who took by descent under the act, as to those who ac- quired by purchase without its aid. 1 ' The further stipulation in the treaty, "that in case the laws of either of the two States should restrain strangers from the exercise of the rights of property with respect .to real estate, such real estate may be sold, or otherwise disposed of. to citizens or inhabitants of the country where it may be," does not affect the rights of a French subject who takes or holds by the convention, so as to deprive him of the power of selling to citizens of the country ; and gives to a French subject who. has acquired lands by descent or .devise, (and, perhaps, in any other manner,) the right during life to sell or otherwise dispose of the same, if lying in a State where lands purchased by an alien, generally, would be immediately escheatable. 2 Although the convention of 1800 has expired, yet the instant a de- scent was cast on a French subject during its continuance, his rights became complete under it, and cannot be affected by its subsequent ex- piration.^ America was bound as an ally of France by the capitulation between Prance and Great Britain for the surrender of Dominica. 4 The Phoebe Ann, a British vessel, had been captured by a French privateer and sent into Charleston. Bestitution of the prize was claimed by the British consul, who filed a libel in the district court suggesting that the privateer had been illegally fitted out, and had illegally augmented her force within the United States. It appeared in proof that the privateer had originally entered the port of Charleston, armed and commissioned for war; and that she had taken out her guns, masts, and sails, which remained on shore until the general repairs of the vessel were completed, when they were again put on board, with the same force or thereabouts; and on a subsequent cruise the prize was 'Chirac ra. Chirac, 2 Wheat., 259; 4 Cond. Eep., 111. 2 Ib. 3 Ib. "Miller vs. The ship Resolution, 2 Dall. Eep., 15. 1008 NOTES FRANCE. taken. The court held that suggestions of policy and convenience can- not be considered in the judicial determination of a question of right; the treaty with France, whatever that is, must have its effect. By the nineteenth article it is declared that French vessels, whether public and of war, or private and of merchants, may, on any urgent necessity, enter our ports, and be supplied with all things needful for repairs. In the present case the privateer only underwent a repair ; and the mere re- placement of her force cannot be a material augmentation, even if an augmentation of force could be proven, which we do not decide a sufficient cause of restitution . 1 By the treaty with France of 1778, Articles 17 and 22, the subjects of France had a right to equip and arm their vessels in. the porbs of the United States, to bring in their prizes and depart with them, without interference by the courts of the United States. 2 Under the treaty of 1778, neutral property captured on board an enemy's ship was lawful prize, contrary to the general law of nations. 3 The treaty for the cession of Louisiana took effect from its date. 4 The stipulation for the protection of its inhabitants, in the enjoyment of their property, did not embrace grants by the Spanish authorities, after they had ceased to have power to' make such grants. 5 The stipulation in the treaty for the protection of the inhabitants in their property, &c, ceased to operate when the State of Louisiana was admitted into the Union. 6 The treaty for the cession of Louisiana protected claimants under the French or Spanish Government to inchoate titles to land. 7 By the cession of Louisiana, the Government of the United States succeeded to all the rights and interests formerly possessed by those of France and Spain in that province, including reservations of the right to use land when wanted for fortifications. 8 The treaty of 1853, securing to citizens of France the same rights of succession as are possessed by the citizens of the United States, so far as permitted by the State laws, had no effect on the succession of one who died in 1848. 9 The treaty ceding Louisiana to the United States could not enlarge the constitutional powers of the latter nor vest in the Government the police powers over public places formerly exercised by the Crown. 10 1 Moodie vs. The sloop Phoebe Aim, 3 Dall. Rep., 319. 2 Bee's Admiralty Reports, 40, 43. 3 Bee's Admiralty Reports, 74. 4 United States vs. Reynes, 9 Howard, 127 ; Davis vs. Parish of Concordia, Ibid., 280 ; United States vs. Pillerin, 13 Howard, 9. 6 Ib. 6 New Orleans vs. De Armas, 9 Peters, 223. 7 Delassars vs. United States, 9 Peters, 117 ; Choteau's heirs vs. United States, Ibid., 137; Strother vs. Lucas, 12 Peters, 410. 8 Josephs vs. United States, 1 Nott & Huntingdon, 197; same case, 2 Nott & Hunt- ington, 586. "Provost vs. Greneaux, 19 Howard, 1. 10 New Orleans vs. United States, 10 Peters, 662. TSTOTTES — GREAT BRITAIN. 100'9 Opinions of Attorneys- General. The obligations assumed by the United States under the Treaty of 1800 were the subject of three opinions of Attorney-G-eneral Lincoln, 1 GREAT BRITAIN. On the 30th of November, 1782, John Adams, Benjamin Franklin, John Jay, and Henry Laurens signed at Paris, on behalf of the United States, Provisional Articles of Peace with G-reat Britain, in the first of which it was asserted that " His Britannic Majesty acknowledges the said United States, viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jer- sey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign, and independent States f and on the third day of September, 1783, Adams, Franklin, and Jay signed at Paris the Definitive Treaty of Peace between the two Powers. The official correspondence connected with the negotiation of this Treaty has been printed under the care of Mr. Sparks. It was provided by the 7th article of each Treaty that "His Britan- nic Majesty shall, with all convenient speed, and without causing any destruction, or carrying away any negroes or other property of . the American inhabitants, withdraw all his armies, garrisons, and fleets from the said United States, and from every port, place, and harbor within the same." But when the British forces were withdrawn from New York, on the 25th of the November following the signature of the definitive Treaty, they took with them, or sentin advance of their withdrawal, 3000 negroes, 2 in violation of the Treaty; and when Jay was commissioned in 1794 to proceed to London to negotiate the Treaty which bears his name, British troops still occupied Detroit, Mackinaw, Port Erie, (Buffalo,) Niagara, Oswego, Oswegatchie, Point au Per, and Dutchman's Point, 3 notwithstanding the agreement to evacuate them. Soon after Washington became President he set about the restoration of good relations between the two countries, by attempting to secure an observance of the Treaty by Great Britain. "Conceiving that, in the possible event of a refusal of justice on the part of Great Britain, we should stand less committed should it be made to a private rather than to a public person," 4 he directed Gouverneur Morris to go to London and to sound the Ministry. Morris did so, and had interviews with the Duke of Leeds and with Pitt. The latter pro- fessed a desire to maintain good relations, but wanted a new Treaty. 1 1 Opinions, 114, 119, 136. For other opinions see " Extradition," "Consuls," "Exterritoriality. " » 1 F. R. F., 206. 3 lb., 190. 4 Message, Feb. 14, 1791 ; 1 F. R. V., 121. 64 1010 NOTES GREAT BRITAIN. Morris answered that he " did not see what better could be done than to perform the old one," and added : "As to the compensation for negroes taken away, it is too trifling an object for you to dispute, so- that nothing- remains but the posts. I suppose, therefore, that you wish to retain those posts." Pitt replied : "Why, perhaps we may." 1 Great Britain not being represented at that time in the United States, Morris urged that a Minister should be sent out. They complied with his request, and on the 29th of November, 1791, Jefferson, then Secretary of State, opened with Hammond, the new Minister, formal negotiations to secure the long-delayed performance of the 7th- article- of the Treaty of 1783. 2 On the 30th of November Hammond replied to Jefferson's note thus : " With respect to the non-execution of the seventh article of the defini- tive Treaty of Peace between His Britannic Majesty and the United States of America, which you have recalled to my attention, it is scarcely necessary for me to remark to you, Sir, that the King, my master, was induced to suspend the execution of that article, on his part, in conse- quence of the non-compliance, on the part of the United States, with the engagements contained in the fourth, fifth, and sixth articles of the same Treaty. These two objects are, therefore, so materially connected with each other as not to admit of separation, either in the mode of discussing them a or in any subsequent arrangements which may result from that discussion." 3 Jefferson met this on the 15th of December, by a note stating briefly the American position as to the British infractions of the Treaty and producing evidence in its support. 4 This drew from Hammond an elab- orate reply on the 5th of March, 1792, 5 in which he contended (1) that the United States had' failed to execute the 4th article of the Treaty, by not preventing the placing of impediments in the way of the recovery, in sterling, of debts due to British subjects: (2) that interest had not been allowed on judgments in favor of British creditors ; and (3) that- article 5 had not been carried into effect by the United States, inasmuch as confiscated estates had not been restored; and that therefore "the measure that the King has adopted (of delaying his compliance with the 7th article of the Treaty) is perfectly justifiable." To this, Jefferson, on the 29th of May, 1792, replied, (1) that impediments, within the meaning of the Treaty, had not been thrown in the way of the collection of British debts in the United States ; (2) that interest is not an in- tegral part of a debt under British and American Law, and therefore it was not embraced in the Treaty ; (3) that the United States had only undertaken in the Treaty to recommend the States to restore confiscated estates, and had fully complied with that agreement ; and he showed conclusively that it was understood both by the Ministry and by both lb., 124. * lb., 188 et seq. 3 lb., 189. *Ib., 190-193. e lb., 193. NOTES — GREAT BRITAIN. 1011 Houses of Parliament, when the Treaty was negotiated, that the Ameri- can Plenipotentiaries not only would not agree to restore the confiscated estates, but expressed the opinion that the States themselves would not restore them, even if recommended by Congress to do so ; (4) that the British infractions of the Treaty, so far from being the result of alleged infractions by the United States, preceded them, and were in no way dependent upon them. 1 More than a year elapsed without a reply. Jefferson then, on the 19th of Juae, 1793, wrote Hammond, asking when one might be expected. "The subject," he said, "was extensive and important, and therefore rendered a certain degree of delay in the reply to be expected. But it has now become such as naturally to generate disquietude. The inter- ests we have in the Western posts, the blood and treasure which their detention costs us daily, cannot but produce a corresponding anxiety on our part." 2 Hammond replied that as soon as he should receive in- structions the reply should be transmitted, aud added, " There js one passage in your letter of yesterday, Sir, of which it becomes me to take some notice. The passage I allude to is that wherein you mention ' the blood and treasure which the detention of the Western posts costs the United States daily.' I cannot easily conjecture the motives in which this declaration has originated. After the evidence that this Govern- ment has repeatedly received of the strict neutrality observed by the King's Governors of Canada, during the present contest between the United States and the Indians, and of the disposition of those officers to facilitate, as far as may be in their power, any negotiations for peace, I will not for a moment imagine that the expression I have cited was intended to convey the insinuation of their having pursued a different conduct." 3 Jefferson made no response to this. In a few months he again asked Hammond whether he was prepared to reply on this subject of the in- fractions of the Treaty. 4 No answer was ever made. In the autumn of 1793 a new question of difference arose. The Ad- miralty instructions to British ships of War aud privateers, issued in June, 1793, ordered the seizure of all neutral vessels laden with corn, flour, or meal, destined for French ports, and of all neutral vessels, except those of Denmark and Sweden, attempting to enter any blockaded port. 5 As Denmark, Sweden, and the United States were the principal neu- tral maritime powers, there was no question as to the vessels against which the latter provision was aimed. When complaint was made of the order to seize vessels laden with provisions, it was justified by Great Britain on the assumption that provisions were contraband of war." Edmund Bandolph, Jefferson's successor as Secretary of State, met this by saying : " We have labored to cultivate with the British nation per- 1 lb., 201-237. 2 lb., 238. 3 Ib. 'lb. 6 lb., 240. « Ib. ; also 448-454. 1012 NOTES — GKEAT BKITAE5T. feet harmony. We have not attempted by a revival of maxims which, if ever countenanced, are now antiquated, to blast your agriculture or commerce. To be persuaded, as you wish, that .the instructions of the 8th of June, 1793, are in a conciliatory spirit, is impossible. And be assured, Sir, that it is a matter of sincere regret to learn the intention of your Government to adhere to them, notwithstanding our represent- ations, which utter, as we flatter ourselves, the decent but firm lan- guage of right." 1 Under •such circumstances President Washington, on the 16th of April, 1794, sent a message to the Senate, in which, referring to the " serious aspect of our affairs with Great Britain," he said : " But, as peace ought to be pursued with unremitted zeal, before the last resource, which has so often been the scourge of nations, and cannot fail to check the advancing prosperity of the Uuited States, is contemplated, I have thought proper to nominate, and do hereby nominate, John Jay as En- voy Extraordinary of the United States to His Britannic Majesty." 3 ' The nomination was confirmed by a vote of 18 to 8. Jay's instruc- tions were dated the 6th of May, 1794. 3 He sailed from New York on the 12th of the same month. 4 He had scarcely left the shores of the United States when a new and still more irritating cause of difference arose. Lord Dorchester, the Governor-General of the British possessions in America, in a speech to the Indian tribes which were in hostility with the United States, said : " Children, since my return I find no appearance of a Hue re- mains, and, from the manner in which the people of the States push on, and act and talk on this side, and from what I learn of their con- duct towards the sea, I shall not be surprised if we are at war with them in the course of the present year ; and, if so, a line must then be drawn by the warriors." 5 Simultaneously with this three companies of a British regiment went to the foot of the rapids of the Miami, in the southern part of what is now the State of Ohio, to build a fort there. 6 When complaints were made of these hostile acts, the British Minister at Washington justified both as defensible preparations for an actual state of war about to begin between the two nations, and he retorted by complaining of the fitting out of French privateers in American ports, and of the " uniformly unfriendly treatment which His Majesty's ships of war * * experienced in the American ports. 7 President Washington, in trans-, mitting the correspondence to both Houses of Congress, said : " This new state of things suggests the propriety of placing the United States in a posture of effectual preparation for an event which, notwithstand- ing the endeavors making to avert it, may, by circumstances beyond our control, be forced upon us." 8 The Treaty concluded by Jay on the 19th of November, 1794, re- 1 lb., 454. 2 lb., 447. 8 Ib., 472. i 1 Life of Jay, 314. «1 F. E. F., 462. 6 lb., 461. ' lb., 462. 8 lb., 461. NOTES GREAT BRITAIN. 1013 moved or suspended these grave causes of difference. It named a day for the withdrawal of British troops from the territories of the United States. The United States undertook to make compensation to British creditors who had been prevented by "lawful impediments," 1 in violation of the Treaty of 1783, from the recovery of their debts. Great Britain agreed to make compensation to the merchants and citizens of the United States whose vessels had been illegally cap- tured or condemned. The United States undertook to make com- pensation to certain British subjects whose vessels- or merchandise had been captured within the jurisdiction of the United States and brought into the same; or had been eaptured by vessels originally armed in the ports of the United States. It was agreed that pro- visions and. other articles not generally contraband of war should not be confiscated if seized, but that the owners should be fully indemni- fied ; and that vessels approaching a blockaded port, in ignorance of the blockade, should not be detained, nor the cargo confiscated unless contraband. The instructions to Jay embraced many other subjects. How far they were executed, and why he failed to comply with some of them, will ap- pear by reference to the instructions and correspondence which accom- panied the President's message of June 8, transmitting the Treaty to the Senate. 2 The reasons which induced the President and his advisers to assent to it are detailed in a letter from Pickering to Monroe of Sep- tember 12, 1795. 3 This Treaty was the cause of the long and able debates in Congress, which have been referred to in the introductory note. On the 5th of May, 1796, President WashingtDn submitted to the Senate an explanatory article with the reasons which had made it necessary, 4 and another explanatory article was added in March, 1798. The appropriations for carrying into effect the Treaty of 1794 were made by Congress on the 6th of May, 1796, 5 and by Parliament on the 4th of July, 1797. 6 •.: Two mixed commissions were speedily organized ; one in London, and one at Philadelphia. The latter had jurisdiction of the claims arising from alleged impedi- ments thrown in the way of the collection of debts due British subjects by American debtors. The aggregate of the claims made before this commission was about $25,000,000. On the 19th of March, 1798, Con- gress appropriated $300,000 for the payment of the awards up to that time. 7 In the summer of the following year the sessions were sus- pended and were never resumed. The circumstances attending the sus- pension are related in a letter from Pickering, Secretary of. State, to Rums King, dated September 4, 1799. 8 "A letter received last even- ing," he says, "from Mr. Fitzsimmous, informed me that Mr. Macdon- ■ "Art. 6. HF.R.F., 470-525. 3 lb., 596. 4 lb., 551. H St. at L., 459. 6 2F. E. P., M3. ? 1 St. at L., 545. 8 2 F. R. F., 383. 1014 NOTES — GREAT BRITAIN. aid and Mr. Bich, Commissioners appointed by Great Britain, under the sixth article of the Treaty of Amity and Commerce, were going to embark for England in the packet to sail this week from New York. * * I do not know that this step, if it could be prevented, should be objected to, because I see no probability that the business of the board can ever be executed by the present members. Independently of the opinions strongly expressed, which it would not be easy to retract, there appears to me an incompatibility of temper; if I am rightly informed, it would be difficult for any set of American Commissioners to act har- moniously with Mr. Macdonald, unless they possessed such meek and yielding dispositions as to submit implicitly to his dogmas." On the 31st of December, 1799, King was instructed to endeavor to effect a settlement of this class of claims by Treaty. An account of the details of this delicate negotiation will be found in the second volume of the Polio Edition of the Foreign Belations, pages 382 to 428. 1 The parties succeeded in agreeing upon six hundred thousand pounds sterling as the sum to be paid by the United States in discharge of its obligations in this respect; a convention to that effect was concluded; and, on the 2d of May, 1802, Congress made an appropriation to carry the Convention into effect. The Commission at London was charged with ascertaining the amount of the claims of British subjects against the United States for injuries received in consequence of the violations of the neutrality of Ameri- can waters, and of the claims of American citizens on Great Britain for captures made in violation of international law. Many of the latter were disposed of through a preliminary examination made by Sir Wil- liam Scott, who was acting as counsel for the United States, and Dr. Nicholl, one of the British Commissioners. 2 Great Britain accepted the results of this examination, and paid the amounts found due. The Commission itself was organized on the 16th of August, 1796, at the house of Dr. Nicholl, in Lincoln's Inn Fields, Mr. Gore and Mr. Pinckney being the American Commissioners, and Mr. Nicholl and Mr. Anstey the British Commissioners. Being unable to agree upon a fifth Commissioner, the names of Col. Trumbull, of Connecticut, and of Mr. Swabey, of London, were placed in an urn, and Col. Trumbull's name was drawn. Mr. Swabey was afterwards substituted for Dr. Nicholl. "Repeated objections to the jurisdiction of the Commission having, about the middle of [the following] December, brought the board to a stand;" Bufus King, then Minister at London, asked of Lord Grenville a conference, which took place on the 10th of December. 3 King com- plained that "the Commissioners on the part of His Majesty's Govern- 'See particularly pages 424, 425, and 426. '2 P. E. F., 120. 3 Mr. King's No. 26, Feb. 20, 1797, MS. Dept. of State. The main difference was respecting the right to re- vise decisions of theBritish Admiralty Courts. Lord Loughborough, on being appealed to, said, " it was the intention to clothe this commission with power paramount to all the maritime courts of both nations." (Trumbull's Reminiscenses, cited in Lawrence's WheatoD, note 205. NOTES — GREAT BRITAIN. 1015 ment had intimated an opinion that it was their duty, in every case in which the KiDg's proctor should deny the jurisdiction of the Board, to abstain from deciding such questions of jurisdiction, and to refer the same to their Government for instructions ; and that in case a majority of the Board of Commissioners should differ from them in this opinion it would be lawful for them to withdraw, and thereby incapacitate the Board from deciding such questions." 1 Grenville replied that " the right to withdraw is perhaps counte- nanced by that part of the 7th Article that required the presence of one Commissioner at least on each side ; thus leaving with the respect- ive Governments a power, by instructing their Commissioner to withdraw to prevent the decision of any question not intended to be submitted to them." 2 Grenville concluded the interview "expressing a wish that Mr. King would have a conference on the subject with the Lord Chancellor." 3 Lord Loughborough was at that time Lord Chancel- lor. King had more than one interview with him. In one of them he reports, " Upon its being suggested that the same embarrassments might arise in future if, upon every objection to the competency of the Commissioners, a reference must be made to the respective Gov- ernments for their instructions, instead of such questions being decided by the Commissioners themselves, the Chancellor said that the doubt respecting the authority of the Commissioners to settle their own juris- diction was absurd ; and that they must necessarily decide upon a .case's being within or without their competency." 4 After this Grenville sent for the British Commissioners and told them that it was the opinion of the King's Government that they should proceed in examin- ing and deciding every question that should be brought before them ., according to the conviction of their consciences. 5 The Commission went on with its work until June, 1798, when it was again interrupted by a misunderstanding between the Commissioners ; but it was not until the 25th of July, 1799, that the proceedings were formally suspended, " by the orders of His Britannic Majesty," 6 which were understood to have been given in consequence of the suspension of proceedings in Philadelphia. Proceedings were resumed on the 15th day of February, 1802, 7 after the conclusion of the Convention for settling the differences respecting the sixth article of the Treaty of 1794, and were continued until the 24th of February, 1804, when Gore and Pinckney announced that the Commissioners had " closed the Commission after having completely fulfilled the objects of their appointment." 8 At the time when the proceedings were interrupted in 1798, the Ameri- can Agent reported to the Secretary of State that " the awards [against 1 Mr. King's No. 26, Feb. 20, 1797, MS. Dept. of State. 3 lb. 3 lb. *Ib. &Ib. «Gore and Pinckney to Pickering July 25, 1799, MS. Dept. of State. ' Minutes of the Commis- sion. MS. Dept. of State. 8 Gore and Pinckney to Madison, February 24, 1804, MS. ' Dept. of State. 1016 NOTES — GREAT BRITAIN. Great Britain] made and completed by the Board of Commissioners, and payable on the 5th instant, amounting to £34,516 16 2£ sterling, have been discharged with cash by this Government : those made by Sir William Scott and Dr. Nicholl on 39 cases for costs and damages, amounting, with interest to the 5fch instant, to £24,659 7 1, we daily expect will be paid." 1 The subsequent awards against Great Britain, amounted to £1,225,001-14-10. The condition of the archives renders it impossible to state with cer- tainty the precise amount of British claims on the United States awarded by the Commission. Various letters of the American Commis- sioners show awards amounting to $33,590.60 prior to the suspension ; but it is possible that there were other awards, as Congress on the 15th of January, 1798, appropriated $52,000 to pay the awards made up to that time. 2 There were forty-two cases pending at the time of the sus- pension, on seven only of which were adverse awards afterwards ren- dered, amounting to $109,833.50. The appropriations for paying these sums will be found in 2 Stat, at Large, pp. 202, 248, 307, and 336. During the latter part of his mission Bufus King, under instructions was engaged in the negotiation of a Convention for settling the bound- aries between the United States and the British possessions in America. In the Convention which was concluded on the 12th of May, 1803, a provision was made (in the 5th article) that the line between the river Mississippi and the Lake of the Woods should be the shortest line which could be drawn between the two points. Before this could be acted on by the Senate, the Treaty for the cession of Louisiana was con-, firmed, giving to the United States the French rights under the Treaty of Dtrech. 3 The Senate therefore advised that the Treaty should be ratified, without the fifth article. 4 Great Britain did not assent to the amendment. Monroe and Pinckney, the successors of King, signed on the 31st day of December, 1806, at London, a Treaty of Amity and Commerce, the commercial articles of Jay's Treaty being about to expire. Lords Hol- land and Auckland were the British Plenipotentiaries. 5 This Treaty was not sent to the Senate for approval, because it contained no abandon- ment of the claim to impress citizens of the United States. 6 President Jefferson, in a Message to Congress on the 27th of Oct., 1807, said of 1 Cabot to Pickering 28 July, 1798, MS. Dept. of State. 2 1 St. at L., 536. 3 " The- northern boundary, we have reason to believe, was settled between France and Great Britain by commissioners, appointed under the treaty of Utrecht, who separated the British and French territories, west of the Lake of the Woods, by the 49th degree of latitude." Madison to Livingston, 2 F. R. F., 574. See also Monroe's paper, 3 F. R. F, 97. Madison may have been mistaken in his belief. There is no evidence, either in the French or British archives, of the appointment of a boundary commission under the Treaty of Utrecht ; and in a memorial of the Hudson Bay Co., marked as received August 13, 1719, it is stated that " the running of a line betwixt the English and French Territories yet remains to be done." (Mr. Bancroft to Mr. Fish, Sept. 1, 1873, MS. Dept. of State.) * 2 F. R. F., 584-591. '3 F.E. F., 147. « lb., 154. NOTES — GREAT BRITAIN. 103 7 the negotiators that " after long and fruitless endeavors to effect the purposes of their mission, and to obtain arrangements within the limits of their instructions, they concluded to sign such as could be obtained, and to send them for consideration, candidly declaring to the other ne- gotiators, at the same time, that they were acting against their instruc- tions, aud that their Government, therefore, could not be pledged for ratification." 1 It is not within the province of this note to treat of the various dis- cussions and acts which followed, embittering the relations between the two Governments. The published correspondence respecting the British claim of a right to impress American seamen, the attack upon the Ches- apeake, the orders in council, the seizure and condemnation of Ameri- can vessels, &c, &c, will be found in the third volume of the folio edition of the " Foreign Eelation s." The Statutes which were enacted d ur in g this period, affecting the relations between the United States and Great Brit- ain, will be found in the second volume of the Statutes at Large. 2 On the 1st of June, 1812, President Madison transmitted a confiden- tial message to Congress respecting the relations with Great Britain It ended without recommending any particular action. 3 It was received, in each Body with closed doors. 4 In the House it was considered on the 2d and 3d of June with closed doors. On the 3d, Calhoun, from the Com- mittee on Foreign Relations, to whom it had been referred, reported (the House being in secret session) "that after the experience which the United States have had of the great injustice of the British Govern- ment towards them, exemplified by so many acts of violence aud oppres- sion, it will be more difficult to justify to the impartial world their pa- tient forbearance, than the measures to which it has become necessary to resort to avenge the wrongs and vindicate the rights and honor of the nation. * The period has no w arrived when the United States m ust sup- port their character and station among the nations of the earth. * More than seven years have elapsed since the commencement of this system of hostile aggressions by the British Government on the rights and inter- ests of the United States. * As early as 1804 the Minister of the United .Statesat London was instructed to invite the British Government to enter into anegotiation on allthepointson which acollision might arise between the two countries in the course of the war, and to propose to it an ar- rangement of their claims on fair and reasonable conditions. The invita- tion was accepted. * It was at this time, and under these circumstances that an attack was made, by surprise, upon an important branch of the American Commerce. * The commerce on which this attack was so un expectedly made, was that between the United States and the Colonies of France, Spain, and other enemies of Great Britain. * In May, 1806? 1 1 F. R. F., 70. 2 Respecting embargoes, pages 451, 453, 473, 490, and 700; respect- ing the interdiction of intercourse with Great Britain, pages 528, 547, 550, 605, and 651 ; the delaration of war, 755. 3 1 Statesman's Manual, 293. 4 Annals 1st Sess. 12th Cong., 250 and 1481. 1018 NOTES — GREAT BRITAIN. the whole coast of the continent, from the Elbe to Brest, inclusive, was declared to be in a state of blockade. By this act the well-established principles of the law of nations^principles which have served for ages as guides, and fixed the boundary between the rights of belligerents and neu- trals—were violated. * The next act of the British Government which claims our attention is the order of council, of January 7, 1807, by which neutral powers are prohibited from trading from one port to another of France or her allies, or any other country with which Great Britain might not freely trade. * We proceed to bring into view the British order in council of November 11, 1807. * By this order all Prance and her allies, and every other country at war with Great Britain, or with which she was not at war, from which the British flag was excluded, and all the colonies of her enemies, were subjected to the same restrictions as if they were actually blockaded in the most strict and rigorous manner; and all trade in articles, the produce and manufacture of the said coun- tries and colonies, and the vessels engaged in it, were subject to capture and condemnation as lawful prize. * The attempt to dismember our Union, and overthrow our excellent Constitution, by a secrect mission, the object of -which was to foment discontent and excite insurrection against the constituted authorities and laws of the nation, as lately dis- closed by the agent employed in it, affords full proof that there is no bound to the hostility of the British Government against the United States. * The dates of British and French aggressions are well known to the world- Their origin and progress have been marked by too wide and destructive a waste of the property of our fellow-citizens to have been forgotten. The decree of Berlin of November 21, 1806, was the first aggression" of France in the present war. Eighteen months had then elapsed after the attack made by Great Britain on our neutral trade with the colonies of France and her allies, and six months from the date of the proclamation of May, 1806. * From this review of the multiplied wrongs of the British Government, since the commencement of the present war> it must be evident to the impartial world that the contest which is now forced on the United States is radically a contest for their sovereignty and independence. * Your Committee recommend an immediate appeal to arms." 1 The House passed a bill entitled " An act declaring war between Great Britain and her dependencies, and the United States and their territories," and on the 5th of June transmitted it to the Senate with a request that it might be considered confidentially. 2 The Senate amended it and passed it as amended on the 17th of June. 3 On the 18th of June the House informed the Senate that the amendments were coucurred in, 4 and on the same day the bill was signed by the President and became a law. 5 1 3 F. R. F., 567-570. * Aunals 1st Sess. 12th Cong., 266. 3 lb., 298. 4 lb. s 2 St. at L., 755. NOTES GREAT BRITAIN. 1019 In the Message to Congress of Nov.» 4th, 1812, President Madison says : " Anxious to abridge the evils from which a state of war cannot be exempt, I lost no time, after it was declared, in conveying to the British Government the terms on which its progress might be arrested, without awaiting the delays of a formal and final pacification." 1 The communication to Jonathan Russell, the charge" d'affaires in Lon- don, to which allusion is thus made, says, " Although there are many just and weighty causes of complaint against Great Britain, you will perceive by the documents transmitted that the orders in Council, and other blockades, illegal according to the principles lately acknowledged, aim the impressment of our seamen are considered to be of the highest importance. If the orders in Council are repealed, and no illegal blockades are substituted for them, and orders are given to discontinue the impressment of seamen from our vessels, and to. restore those al- ready impressed, there is no reason why hostilities should not immedi- ately cease. Securing these objects you are authorized to stipulate for an armistice." 2 The next step taken for the restoration of peace was a proposal for mediation made by the Emperor of Russia, through John Quincy Adams, the Minister of the United States at St. Petersburg, and also through his own Minister at Washington. His offers were accepted by the United States. James Bayard, Gallatin, and John Quincv Adams were on the 15th of April, 1813, instructed to proceed to St. Petersburg. Their elaborate instructions indicated many subjects for consideration in the possible negotiations, but concluded thus : " Your first duty will be to conclude a peace with Great Britain. * You are authorized to do it in case you can obtain a satisfactory stipulation against impress- ment. * * It is deemed highly important also to obtain a defini- tion of neutral rights, * especially of blockade, * but it is, not to be made an indispensable condition of peace." 3 On his way to St. Petersburg, Gallatin addressed from Gottenburg a letter to Alexander Baring, of London, to which he received a reply (transmitted by him to Monroe as " semi-official ") in which the writer said : *' Mediation has been refused, with expressions of our desire to treat separately and directly here, or, if more agreeable to you, at Got- teiburg. * * Should you come here you will be received with confi- dence in your intentions, with great personal respect, and with a deter- mination to come to terms of peace with you, if it be found practicable to do so, consistently with the safety of our maritime power, supposed to be, and which undoubtedly is, involved in this question. * * I must freely confess that, highly as I value a state of peace and har- mony with America, I am so sensible of the danger to our naval power from anything like an unrestricted admission of your principles, that I should almost incline to think it safer to consider an American as an 1 1 F. R, F., 81. * Monroe to Russell, June 26, 1812, 3 F. R. F., 585. 3 lb., 700. 1020 NOTES GKEAT BRITAIN. inevitable concomitant of a French war, and to provide for it accord- ingly," 1 As Baring saw, mediation was declined by Great Britian. The Envoys were received among the Diplomatic Corps at St. Petersburg, but accom- plished nothing. Bayard and Gallatin left for London, and the latter received the information that the Senate had declined to approve his nomination on the ground that the duties of the mission were incom- patible with those of Secretary of the Treasury, which office he held at that time. Lord Gastlereigh having thus declined the mediation of a third power, wrote to the Department of State suggesting a direct negotiation be. tween the two powers. The suggestion was accepted, and Clay and Jonathan Russell were added to the Commission, and new instructions in the same spirit were issued to the four commissioners on the 28th of January, 1814. 2 Before they reached Gottenburg, Napoleon had abdi- cated and the Continental war was over. Clay arrived out in April, and heard on arrival, from Bayard, who was in London, that the change of events might " have an unfavorable influence upon the state of affairs between the United States and Great Britain." Bayard suggested that without delay he should notify the British Government of his ap- pointment, and of his presence at Gottenburg, and that the negotiations should be transferred to some town in Holland. 3 Clay replied that the question was a delicate one in view of what had taken place; that he was alone; that a letter from him, therefore, would have but little weight and that he would authorize Bayard to act for him. 4 Bayard and Gal- latin then notified Castlereigh that the Commissioners had all arrived and were prepared to meet whoever might be named Commissioners by the King of Great Britain. 5 Lord Bathurst replied on behalf of Great Britain that British Com- missioners would be appointed to meet the Americans, and suggested that the place of meeting should be changed to Ghent, 5 to which pro- posal the Americans acceded. 7 About the same time Bayard and Gallatin wrote to Monroe that the changed state of affairs would have a serious effect upon the war be- tween Great Britain and the United States ; that there was a strong re- sentment felt against the United States ; that it would be difficult to control it; that peace could be had, but that it seemed certain that whatever modification in the practice of impressment might be obtained the point itself would not be conceded. 8 On the 25th of June, 1814, Monroe instructed the Commissioners that if no stipulation could be obtained from the British Government, either "Alexander Baring to Gallatin, July 22, 1813, MS. Dept. of State. ! 3F.E. F., 701. 3 Bayard to Clay, April 20, 1814, MS. Dept. of State. * Clay to Bayard, May 2, 1814, lb. 6 Bayard and Gallatin to Castlereigh, May 13, 1814, lb. 6 Bathurst to Gallatin and Bayard, May 16, 1814, lb. ' Bayard and Gallatin to Bathurst, May 17, 1814, lb. 8 Bay- ard and Gallatin to Monroe, May 6, 1814, lb. NOTES GREAT BRITAIN. 1021 relinquishing the claim to impress from American vessels, or discontin- uing the practice,. they might concur in an article stipulating that the subject of impressment, together with that of commerce between the two countries, should be referred to a separate negotiation to be undertaken without delay. 1 On the day following these instructions Monroe received Bayard and G-allatin's letter of the 6th of May. On the 27th he instructed the Commissioners that on mature consideration it had been decided that they might omit any stipulation on the subject of impressment, if found indispensably necessary to terminate the war. 2 By the 11th of July the American Commissioners had notified the Secretary of State that they were at Ghent. The first conference was held on the 8th of August. The course which the negotiations took may be found detailed in Foreign Relations, Polio, vol. 3, pages 695-748, and vol. 4, pages 808-811. The British Commissioners brought forward (1) Impressment; (2) Pacification of the Indians and assignment of a territory to them to be taken from the territories of the United States, with defined boundaries ; (3) Revision of the boundary-line between the United States and Great Britain, including the control of the Lakes by Great Britain; (4) The Fisheries, which the Americans were not to be permitted to enjoy without an equivalent. The American Commission- ers brought forward — (5) Definition of a blockade; (6) Claims for in- demnity for capture and seizure ; (.7) Other points, the right to present which were reserved. On the 4th of October the Secretary of State sent his last instructions to the Commissioners : " You are authorized, should you find it imprac- ticable to make an arrangement more conformable to the instructions originally given, to agree to the status quo ante helium as the basis of negotiation. The great and unforeseen change of circumstances, partic- ularly the prospect of a more durable state of peace between Great Britain and the Continental Powers of Europe, and of security to our maritime rights, justify this change of our ultimatum. Our right to the fisheries to the full extent of our territory as defined by the Treaty of 1783 with Great Britain, and those of subsequent date with other powers, and to trade with all other independent nations, are, of course, not to be relinquished ; nor is anything to be done which would give a sanction to the British claim of impressment on board our vessels, or to that of blockading without the actual application of an adequate force. With these explanations you are at liberty to make such a Treaty as your own judgments shall approve, under existing circumstances, subject only to the usual requisite of ratification here. It is important to the United States to make peace, but it is more important to them to preserve their rights as an independent nation, which will in no eveut be surrendered." 3 Under these instructions the Treaty was concluded on the 24th day of December, 1814. 1 3 F. R. P., 703. 2 lb., 704. 3 MS. Department of State. 1022 NOTES — GREAT BRITAIN. John Quincy Adams was appointed Minister at London on the 28th of February, 1815. Clay and Gallatin also went there, and negotiations were opeued for a Commercial Convention. The official conferences be- gan on the 18th of May, 1815. 1 Napoleon having meanwhile returned from Elba, the American Commissioners endeavored to take advantage of the situation to secure stipulations respecting impressment and a definition of blockades. 2 The discussions were prolonged until after the battle of Waterloo. No such provisions were obtained. The debates in Congress on this Treaty have been referred to in the Introductory Note. Discriminating duties collected on British vessels, after it went into operation, and in violation of its provisions, were refunded under an act of Congress. 3 Among the subjects discussed by the Commissioners at Ghent was the naval force to be maintained on the Lakes. No determination was come to; but soon after the peace a correspondence began which ended by an agreement respecting it made in Washington, which was submitted to the Senate for approval, and, when approved, was proclaimed by the President. 4 Some steps were taken in the Treaty of Ghent toward adjusting the disputed boundary between the United States and the British pos- sessions. The fourth article provided for a Commission to determine the sov- ereignty over the Islands in and near Passamaquoddy Bay. The exe- cution of this provision and the correspondence relating to it will be found in volume 4 Foreign Eelatious, Folio, pages 171-173. The fifth article provided for a Commission to determine and to mark the boundary from the source of the St. Croix to the river St. Lawrence, [called the Iroquois or Cataraquy,] on the 45th parallel. This was the disputed line which Mr. King's treaty aimed to settle in 1803. The Treaty of 1783 required it to be run on the Highlands which divide the rivers that empty themselves into the river St. Lawrence from those which fall into the Atlantic Ocean. Great Britain contended that it should be run upon the Highlands to the south of the St. John's ; but that line of Highlands turned no water into the St. Lawrence. The United States contended that it should be run on the Highlands to the North of that river — that being the only water-shed that turned its northern waters into the St. Lawrence, and its southern waters into the Atlantic, although through the Bay of Fundy. The Commission under the Treaty of Ghent disagreed iu opinion and made separate reports to their Governments. 5 The subject, which afterwards became known^ diplomatically, as the Northeastern Boundary Question, was, in 1827, referred to the decision of the King of the Netherlands; 6 but his award was satisfactory to neither party, and was rejected by both. Negotiations were from time to time resumed, but they proved fruitless i 4 F. R. P., 8. * lb., 9. 3 3 st. at L., 377. M F. E. F., 202-207. « 5 F. R. F., 138-9. 6 6 F. R. F, 643. NOTES GREAT BRITAIN. 1023 until the Treaty of 1842, when by mutual consent the present line was established. For a complete review of the negotiations see Mr. Web- ster's speech in the Senate, April 6 and 7, 1846, and the messages and correspondence there referred to. 1 The sixth and seventh articles of the Treaty of Ghent provided for a Commission to determine and mark the boundary from the 45th parallel on the St. Lawrence to the northwesternmost point of the Lake of the Woods. This Commission was duly appointed, and in 1822 reported its work respecting so much of the boundary as was referred to in the 6th article, viz, from the 45th parallel on the St. Lawrence to the water ■ communication between Lake Huron and Lake Superior. 2 The line in- dicated by the seventh article was affected by the provisions of the second article of the Convention of 1818. This was also marked; but the line as marked was changed in part by the provisions of the second article of the Treaty of 1842. The rights of the United States in the British fisheries were not re- ferred to in the Treaty of Ghent, and a controversy speedily arose on the British claim to exclude American fishermen from the inshore fish- eries. The diplomatic circumstances which led to the conclusion of that part of the Convention of 1818 which relates to the fisheries have been referred to in the Introductory Note.' The correspondence relating to it will be found in the 4th volume of the Polio Foreign Relations, pages 348-407. See, also, the papers submitted to the Senate with the Treaty of 1871, pages 35-50. 3 The subject has been often discussed in Con- gress. The debate in the Senate in the year 1852 presents a thorough discussion of the merits. 4 It was contended by the United States, and denied by Great Britain, that the provisions of the first article of the Treaty of Ghent required the latter to make restitution or compensation for slaves who, at the date of the ratification, were in any place that was to be restored to the United States, and who were not delivered up with the territory . The parties being unable to agree, it was provided in the Convention of 1818 that this question should be referred to some friendly sovereign or State ; and in 1822 it was referred to the decision of the Emperor of Russia, who rendered an award in favor of the United States. 5 A joint com- mission was then appointed to ascertain the claimants and the amount of their claims under this award. 6 Langdon Cheves was the American Commissioner, George Jackson the British. Their proceedings, which commenced August 25, 1823, were terminated in December, 1S25, by "a most extraordinary refusal of Mr. Jackson to execute the 5th article of the Convention. * * This malformation of the Tribunal could only have been remedied by a spirit of mutual concession 'and accommoda- 'S-Webater's Works, 78; Appendix to Globe, 1st Sess. 29th Cong., 524-537. ! 5 F. E. P., 241-245. s S. Couf. E. Doc. A, Spec. Sess. ■> Globe, 1st Sess. 32d Cong. 6 4F. R. F., X06-126; ( correspondence accompanying the Convention of 1818. lb., 348. 5 F. R. F., 214. 6 5F.R. F.,801. 1024 NOTES — GREAT BRITAIN. tion between its component members. Such a spirit has, unfortunately, not been evinced in the course of its proceedings by Mr. Jackson." 1 The whole question was settled by the two Governments by a Convention on the 13th November, 1826, providing for the payment of an agreed sum. 2 The undetermined boundary-line between the old province of Louisiana and the British-American possessions, the provisions concerning which defeated Rufus King's Treaty of 1803, presented itself again after 'the peace 1 of 1814. 3 It was settled, temporarily, in the Treaty of 1818, by agreeing that the 49th parallel should be the boundary from the Lake of the Woods to the Rocky Mountains, and that the territory west of the Rocky Mountains should be occupied jointly for the term of ten years: Fort George, on the Columbia River, which had been withheld from the United States, in admitted violation of the provisions of the Treaty of Ghent, 4 was ouly then formally restored to them. 5 Negotiations were opened at London in 1823, on the motion of the United States, for settliug this boundary, but they came " to a close * without any treaty or other engagement having been concluded." 6 The British Plenipotentiaries proposed "the 49th parallel to the point where it strikes the northernmost branch of the Columbia and thence down along the middle of the Columbia to the Pacific Ocean." Rush, on his own motion, refused this, and proposed the 49th parallel to the Pacific. The British Plenipotentiaries rejected this and made no new proposal in return. 7 In 1826 negotiations were resumed on the suggestions of the British Government. Canning inquired of Rufus King, then Minister at London, whether he was provided with instructions for their resumption. 8 King, who was about leaving London, answered that he had been awaiting special instructions, and transmitted the correspondence to Washington. 9 Clay, then Secretary State, instructed Gallatin, King's successor, that the President could not consent that the boundary should be. south of 49°. Gallatin attempted to conclude a convention on that basis 10 but the attempt proved fruitless, and the negotiations terminated August 6, 1827, by an indefinite extension of the joint occupation, subject to its termination on twelve mouths' notice by either party. 11 This state of things was ended by the passage of a resolution in Con- gress, April 27, 1846, authorizing the President, "at his discretion, to give to the Government of Great Britain the notice required * * * for the abrogation of the Convention." 12 On the 15th of the following June a Treaty was concluded at Wash- ington, in which it pas provided that the 49th parallel should be the boundary " to the middle of the chaunel which separates the continent from Vancouver's Island, and thence southerly, through the middle of said channel and of Puca's Straits, to the Pacific Ocean." The debates 1 6 F. H. P., 339 ; see, also, 5 P. R. P., 801. 2 6 F. R. F., 339-355. 3 4 F. R. F., 851-864, " Rush to John Quinoy Adams, lb., 853. 6 lb., 856. * 5 F. R. P., 533, No. 10. » Ibid., 557. «6F. R. P., 645. 9 MS. Dept. of State. 10 See 6 F. R. F., 646-706, for the details. "lb., 641. 13 9 Stat, at L., 109-10. NOTES — GREAT BRITAIN. 1025 in Congress ou these subjects will be found in the Globe and Appendix for the 1st Sess. 29th Oong. The motives and purposes of the United States in making this settlement are set forth in the confidential docu- ment already referred to, submitted to the Senate with the Treaty of 1871. They were "so far to depart from the 49th parallel as to leave the whole of Quadra and Vancouver's Island to England." 1 What the British Ministry intended, was stated by Sir Robert Peel in the House of Commons on the 26th of June, 184fi. " That which we proposed is the continuation of the 49th parallel of latitude till it strikes the Straits of Fuca ; that that parallel should not be continued as a boundary across Vancouver's Island, thus depriving us of a part of Vancouver's Island, but that the middle of the channel shall be the future boundary, thus leaving us in possession of the whole of Vancouver's Island." 2 It is diffi- cult to see the difference between these two propositions. Lord Palmer- ston, however, laid claim to run the boundary through the Rosario Straits, and to embrace within British sovereignty an archipelago of islands, instead of Vancouver's Island only. The question remained open until it was settled by a provision in the Treaty of 1871, referring it to the Emperor of Germany to decide whether the Rosario Straits or the Canal de Haro was the channel through the middle of which the line should be run according to the true interpretation of the Treaty of 1846. The decision was in favor of the Haro Channel and of the claims of the United States. 3 In the year 1827 the Commercial Convention of 1815, which had been renewed aud extended in 1818, was again renewed. The United States struggled for more liberal agreements and for a more liberal interpreta- tion of the existing agreement, but could secure neither. 4 Ineffectual efforts were also made on both sides for the conclusion of a Treaty for the suppression of the African Slave-Trade. The Consti- tutional assent of the Senate could not be obtained to a provision au- thorizing a search of American vessels off the coasts of the United States. 5 No treaty arrangement was come to on this subject until the Treaty of 1842, negotiated by Mr. Webster and Lord Ashburtou, which has already been referred to in connection with the northeastern and northern boundaries, and in the introductory note in connection with extradition. The United States has also made like ineffectual efforts to . secure a treaty for the mutual surrender of fugitive slaves. 6 The debates in Congress on the Treaty of 1842 have already been referred to : the correspondence connected with it will be found in H. Ex. Doc. No. 2, 3d Session 27th Cong. The acquisition of California, the easiest approaches to which, at that time, were through the various isthmus passages from Tehuantepec to '8. Conf., Ex. Doc. A, Spec. Sess. 1871, 79. 2 87 Hansard, 1051 3 5 Pap. rel. JTr. W. MF.E.F, 869; 5 F. R. F, 1,12,23,224,510; 6 F. R. F, 207, 294, 295, 382, 639. "4 F. E' F., 740 ; 5 F. R. F., 69, 77, 90, 140, 315-347, 359, 629, 782. See Lawrence's Wheaton,. note 31, for a sketch of these negotiations. « Law. Wheaton, note 77, page 243. 65 1026 NOTES — GREAT BRITAIN. Darien, raised new questions with Great Britain. It was supposed that the most practicable route for a ship-canal was through the State of Nicaragua, by way of the San Juan Eiver and the lakes through which it passes. The eastern coast of Nicaragua was occupied by a tribe called the Mosquito Indians, and Lord Palmerston officially informed Abbott Lawrence, the Americau Minister at London, on the 13th of November, 1849, that "a close political connection had existed between the Crown of Great Britain and the State and Territory of Mosquito for a period of about two centuries." 1 This connection was asserted to have been founded on an alleged submission by the Mosquito King to the Governor of Jamaica. The investigations made under Lawrence's directions en- abled the United States not only to deny that, by public law, Indians could transfer sovereignty in the manner alleged, but also to show by contemporary evidence that no such transfer had been made. He quoted Sir Hans Sloane's account of the matter : " One King Jeremy came from the Mosquitoes, (an Indian people near the provinces of Nicaragua* Honduras, and Costa Rica;) he pretended to be a king there, and came from the others of his country to beg of the Duke of Albermarle, Gov- ernor of Jamaica, his protection, and that he would send a governor thither with a power to war on the Spaniards and pirates. This he alleged to be due to his country from the Crown of England, who had in the reign of King CKarles I submitted itself to him. The Duke of Albermarle did nothing in this matter." 2 And from another publication, reprinted in Churchill's Voyages, Lawrence was able to give an ac- count of the original alleged submission in the time of Charles I: "He, the King, says that his father, Oldman, King of the Mosquito men, was carried over to England soon after the conquest of Jamaica, and there received from his brother King a crown and commission, which the present old Jeremy still keeps safely by him, which is but a cocked hat and a ridiculous piece of writing that he should kindly use and release such straggling Englishmen as should choose to come that way, with plantains, fish, turtle, &c." 3 On the day that this despatch was sent from Loudon, the Clayton- Bulwer Treaty was concluded at Washington. The tentative proposal for it came from the United States. 4 It was stated after its conclusion that it was understood that it did not include British Honduras, 5 but there was no contemporaneous statement to show the limits of British Honduras at that time. • This Treaty has since been the subject of some ■discussion between the two Governments. 6 In 1853 a convention was concluded for the adjustment of claims. The commission sat in London, and took jurisdiction of many claims, involving among them the right of visit and search on the high seas, the construction of the Convention of 1818 relating to the fisheries, the 1 S. E. Doc. 27, 2d Seas. 32d Cong., 46. * lb., 90. ' lb., 91-2. * lb., 54. s S. E. Doc 12, 2d Sess. 32d Cong. eg. e. Doc. 1, 1st Sess. 34th Cong., et seq. NOTES GREAT BRITAIN. 1027 obligation to restore vessels captured after the period named in the Treaty of Ghent for the cessation of acts of war, &c, &c. These decisions were printed in Senate Ex. Doc. No. 103, 1st Ses3. 34th Oong. A reference to the circumstances connected with the conclusion of the reciprocity Treaty of 1854, and of its abrogation, will be found in the confidential document submitted to the Senate with the Treaty of 1871. J . The later Treaties respecting the slave-trade have already been re- ferred to. ,, No correspondence was transmitted to Congress with the Naturaliza- tion Treaty of 1870, or with the supplemental Treaty of 1871. . The course pursued by Great Britain during the late Insurrection raised many questions between the two governments, some of which were grave and threatening. The hasty recognition of a state of belligerence, and the simultaneous steps taken to secure the adhesion of the insurgents as a belligerent power to a part of the declarations of the Congress of Paris, gave great umbrage to the United States. The correspondence on this subject is collected in the seven volumes of papers respecting the claims against ; Great Britain, which were presented to the Tribunal of Arbitration at Greueva with the Case of the United States. The injuries to the commerce of the United States by the cruisers , which had been . constructed, equipped, armed, manned, or augmented in force or supplies within British jurisdiction, were the cause of fur- ther complaints and of further recriminations. At the close of the war the United States made 'a formal demand for compensation for the na- tional losses, and for the losses to individuals from these causes, and pro- posed an arbitration. 2 Lord Bussell replied respecting the national losses, "that if the lia- bility of neutral nations were stretched thus far, this pretension, new to . the law of nations, would be most burdensome, and indeed most dan- gerous. A maritime nation, whose people occupy themselves in con- structing ships, and cannon, and arms, might be made responsible for the whole damages of a war in which that nation had taken no part." 3 •Respecting the individual losses, he said that "Her Majesty's Govern- ment must * * decline either to make reparation and compensation for the captures made by the Alabama, or to refer the question to any foreign state." 4 Subsequently a convention was signed for a reference pf these claims to arbitration, 5 but it failed to meet the approbation ot the Senate. The only speech made in the Senate on the subject which has been printed, (Mr. Sumner's) may be found in the Globe, 1st Sess. 41st Cong., Appendix, page 21. The British Minister at Washington informed his Government of the rejection of this Treaty with the following 1 S. Conf. E. Doc. A, Spec. Sess. 1871, 57-74. 3 S. E. Doc. 11, 1st Sess. 41st Cong, part 1, 290, and part 3, 522. 3 lb., part 3, 561. * lb., 562. 5 See 3 Pap. rel. Tr. W., 191-194, for a sketch of the negotiations. 1028 NOTES — GEEAT BRITAIN. comments : "The sum of Mr. Sumner's assertions is that England * * is responsible for the property destroyed by the Alabama, and other Con- federate cruizers, and even for the remote damage to American shipping interests, including the increase of the rate of insurance : that the Con- federates were so much assisted by being able to get arms and ammuni- tion from England, and so much encouraged by the Queen's proclamation, that the war lasted much longer than it would otherwise have done, and that we ought, therefore, to pay imaginary additional expenses imposed upon the United States by the prolongation of the war." x Mr. Fish, when he became Secretary of State, hastened to say to Mr. Motley, the United States Minister at London, that "the President re- cognizes the right of every power, when a civil conflict has arisen within another state, and lias attained a sufficient complexity, magnitude, and completeness, to define its own relations and those of its citizens and subjects toward the parties to the conflict," and that the President re- garded the concession of the rights of belligerence to the insurgents " as a part of the case only so far as it shows the beginning and animus of that course of conduct which resulted so disastrously to the United States." 2 Great Britain accepted this basis for the resumption of negotiations ; and a Treaty was signed on the 8th of May, 1871, for the reference to a Tribunal of Arbitration, to be convened at Geneva, of all the said claims growing out of acts committed by the aforesaid vessels, and generically .known as the "Alabama claims." This Tribunal was empowered to de- termine whether Great Britain had failed to fulfil any of its duties in respect of the subject of Arbitration as set forth in the Treaty ; and in case it should so find, then it was further empowered to proceed' to award a sum in gross to be paid to the United States for all the claims referred to it. . On the organization of the Tribunal at Geneva the United States pre- ferred their claims, with a statement of the grounds on which indemnity was asked. The main points taken upon one side and the other are stated under the title "Neutrals," post. The views respecting the animus of Great Britain during the insur- rection, which Mr. Pish had announced his purpose of presenting for the consideration of any Tribunal which might be agreed upon to in- quire into the subject, were elaborated and made the basis to support the whole claim for compensation. It was contended upon the other side, as will be seen by reference to the title "Neutrals," that the Tribunal should assume that Great Britain had exercised its powers, during' the insurrection, with good faith and reasonable care, until the assumption should be " displaced by proof to the contrary " presented on behalf of the United States. In the proceedings which followed, the United States demanded com- 1 S.E. Doc. 11, 1st Sess. 41st Cong., part 3,784. s S.E.Doc. 10,2d Sess. 41st Cong., 4. NOTES— GREAT BRITAIN. 1029 pensation for the following classes of losses and expenditures, so far as they grew out of the acts of the cruizers, viz : 1. " Direct losses growing oat of the destruction of vessels and their cargoes." 2. " The national expenditures in the pursuit of those cruizers." 3. "The loss in the transfer of the American Commercial Marine to the British flag." ?. " The enhanced payments of insurance." 5. " The prolongation of the war, and the addition of a large sum to the cost- of the war and the suppression of the rebellion." 1 It was denied by Great Britain that a submission of all the claims to arbitration, carried with it the right of the arbitrators to take into consideration all the elements of loss, and it was insisted that the Tribunal had no right, under the terms of the Treaty, to take classes three, four, and five into consideration in its estimate of damages. 2 The United States deuied this proposition, and contended that the Tribunal was invested with power to decide the question of the extent of its jurisdiction. 3 The Tribunal, without decid- ing the question, held that "these claims do not constitute, upon the principles of international law applicable to such cases, good founda- tion for an award of compensation or computation of damages between nations, and should, upon such principles, be wholly excluded from the consideration of the Tribunal, in making its award, even if there were no disagreement between the two Governments as to the competency of the Tribunal to decide thereon." 4 And in regard to the second of the above items of loss, the Tribunal, in its award, decided thus : "Whereas, so far as relates to the particulars of the indemnity claimed by the United States, the costs of pursuit of the Confederate cruizers are not, in the judgment of the Tribunal, properly distinguishable from the general expenses of the war, carried on by the United States : The Tri- bunal is therefore of opinion, by a majority of three to two voices that there is no ground for awarding to the United States any sum by way of indemnity under this head." 5 The Tribunal awarded to the United States the sum of fifteen and one-half millions of dollars in full satisfac- tion of the claims referred to it. Under the same Treaty a commission was organized at Washington to adjudicate upon private claims of citizens of each against the other power arising out of acts committed against the persons or property of their citizens during a period which was assumed to be the period of the existence of the insurrection. The language of the submission in the Treaty was selected by the negotiators with the object of excluding from the consideration of the Arbitrators a class of claims known as the Confederate cotton-debt, which the Secretary of State informed the British Minister that the United States would not cousent to refer. Such claims were, however, presented before the Commission by the British 1 1 Pap. rel. Tr. W., 185. 2 lb., 425-588. 3 The opinion of Lord Loughbrough, already referred to, respecting the powers of the Commissioners under the 7th Article of Jay's Treaty, would seem to be conclusive on this point. See also Lawrence's note ou Wlieatou, No. 206, p. 680. M Pap. rel. Tr. W., 20. 6 Ib., 53. 1030 NOTES GREAT BRITAIN. Agent. The United States made political representations against this infraction of the Treaty, and, pending a discussion upon it, the Com- missioners disposed of the question by deciding against the claims on their merits. The disputes respecting the construction of the Convention of 1818 and the fisheries were set at rest in this Treaty for twelve years by granting the American market free of duty to the Canadian fishermen, with an arbitration to determine whether any further compensation ought to be made. The navigation of the St. Lawrence, concerning which there had been much correspondence, 1 was given to the United States for an equivalent in Alaska; arrangements were made for commercial inter- course with Canada; and the adjustment was made of the Northwestern boundary already referred to. The act to carry into effect this provis- ion of the Treaty was passed on the 1st of March, 1873. This compre- hensive settlement left no political questions at issue between the two governments. Opinions of Attorneys- General. The term "prosecution" in the 6th Article of "Jay's Treaty" " im- ports a suit against another in a criminal cause." 2 The authority of the Commissioners appointed under the 5th Article of that Treaty cannot be executed by a majority of them. 3 The United States are not required by the Treaty of Commerce of 1815 to protect property in slaves. 4 In the discussions attending the Treaty of 1842, Attorney-General Legare was requested by the Secretary of State to take part in the discussion, and sent to Lord Ashburton an official memorandum con- cerning the case of the " Creole." 6 There is nothing in the Clayton-Bulwer Treaty which forbids either party to intervene by alliances, influences, or even arms, in the affairs of Central America. 6 Decisions of the courts of the United States. The fifth article of the treaty of peace of 1783 applies to those cases where an actual confiscation has taken place, and stipulates that in such cases the interest of all persons having a lien upon such lands shall be preserved. That clause of the treaty preserved the lien of a mortgagee of confiscated lauds which at the time of the treaty remained unsold. 7 The treaties with Great Britain of 1783 and 1794 only provide for titles existing at the time those treaties were made, and not for titles subsequently acquired. Actual possession of property is not necessary to give the party the benefit of the treaty. 8 1 5 P. R. F., 543, 571 ; 6 P. R. P., 757 ; President's Message, 1870. 2 1 Op. At.-Gen., 51, Bradford. 3 lb., 66, Lee. 4 2 Op. At.-Geu., 475, Taney. "4 Op. At.-Gen., 98, Legare". 6 8 Op. At.-Gen., 436, Cushing. 7 Higginson v. Htfein, 4 Cranch, 415. 8 Blight's Lessee v. Rochester, 7 Wheat., 535. NOTES GREAT BRITAIN. 1031 Where J. D., an alien and British subject, came into the United States subsequent to the treaty of 1783, and, before the treaty of 1794 was signed, died seized of lands, it was held that the title of his heirs to the land was not protected by the treaty of 1794. 1 Thomas Scott, a native of South Carolina, died in 1782, intestate, seized of land on James Island, having two daughters, Ann and Sarah, both born in South Carolina before the Declaration of Independence. Sarah married D. P., a citizen of South Carolina, and died in 1802, enti- tled to one-half the estate. The British took possession of James Island and Charleston in February and May, 1780 ; and in 1781 Ann Scott married Joseph Shanks, a British officer, and at the evacuation of Qharleston in 1782 she went to England with her husband, where she remained until her death in 1801. She left five children, born in Eng- land. They claimed the other moiety of the real estate of Thomas Scott, in right of their mother, under the ninth article of the treaty of peace between this country and Great Britain of the 19th of November, 1794. Held, that they were entitled to recover and hold the same. 2 All British-born subjects whose allegiance Great Britain has never renounced ought, upon general principles of interpretation, to be held within the intent, as they certainly are within the words, of the treaty of 1794. 3 The treaty of 1783 acted upon the state of things as it existed at that period. It took the actual state of things as its basis. All those, whether natives or otherwise, who then adhered to the American States were virtually absolved from all allegiance to the British Crown ; all those who then adhered to the British Crown were deemed and held subjects of that Crown. The treaty of peace was a treaty operating between States and the inhabitants thereof. 4 The several States which compose this Union, so far, at least, as re- garded their municipal regulations, became entitled from the time when they declared themselves independent to all the rights and powers of sovereign States, and did not derive them from concessions of the Brit- ish King. The treaty of peace contains a recognition of the independ- ence of these States, not a grant of it. The laws of the several State governments passed after the Declaration of Independence were the laws of sovereign States, and as such were obligatory upon the people of each State. 5 The property of British corporations in this country is protected by the sixth article of the treaty of peace of 1783, in the same manner as those of natural persons, and their title, thus perfected, is confirmed by the ninth article of the treaty of 1794, so that it could not be forfeited by any intermediate legislative act or other proceeding for the defect of alienage. 6 ' lb. ' Shanks et al. v. Dupont et al., 3 Peters, 242. » lb., 250. " lb., 274. « M'll - vaine v. Coxe's Lessee, 4 Cranch, 209. 6 The Society for Propagating the Gospel, &e., t. New Haven, 8 Wheat., 464. 1032 NOTES — GREAT BRITAIN. The treaty of peace between the United States and Great Britain pre- vents the operation of the act of limitations of Virginia upon British debts contracted before that treaty. 1 The treaty of peace of 1783 between the United States and Great Britain was a mere recognition of pre-existing rights as to territory, ' and no territory was thereby acquired by way of cession from Great Britain. 2 The act of the legislature of Virginia of 1799, entitled "An act con- cerning escheats and forfeitures from British subjects," and under which a debtor to a subject of Great Britain had, in conformity to the pro- visions of that law, during the war paid into the loan-office of the State a portion of the debt due by him, did not operate to protect the debtor from a suit for such debt after the treaty of peace in 1783. The statute of Virginia, if it was valid and the legislature could pass such a law, was annulled by the fourth article of the treaty; and, under this article, suits for the recovery of debts so due might be maintained, the pro- visions of the Virginia law to the contrary notwithstanding. 3 Debts due in the United States to British subjects before the war of the Be volution, though sequestered or paid into the State treasuries, revived by the treaty of peace of 1783, and the creditors are entitled to recover them from the original debtors. 4 G. C, born in the colony of New York, went to England in 1738, where he resided until his decease ; and being seized of lands in New York, he, on the 30th of November, 1776, in England, devised the same to the defendant and E. 0. as tenants in common, and died so seized on the 10th of December, 1776. The defendant and E. C. having entered and become possessed, E. C, on the 3d December, 1791, bargained and sold to the defendant all his interest. The defendant and E. C. were both born in England long before the Bevolution. On the 22d March, 1791, the legislature of New York passed an act to enable the defend- ant to purchase lands and to hold all other lands which he might then be entitled to within the State, by purchase or descent, in fee-simple, and to sell and dispose of the same, in the same manner as any natural- born citizen might do. The treaty between the United States and Great Britian of 1794 contains the following provision : "Article IX. It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of His Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein, and may grant, sell or devise the same to whom they please, in like manner as if they were natives ; and that neither they nor their heirs or assigns shall, so far as respects the said lauds and the legal remedies incident thereto, be considered as aliens." The defendant, at the time of the 1 Hopkirk v. Bell, 3 Cranoh, 454. s Harcourt et al. v. Gaillard, 12 Wheat., 523. 3 Ware v. Hyltou, 3 Dall., 199. * Georgia v. Brailsford, 3 Call., 1. NOTES GREECE. 1033 action brought, still continued to be a British subject. Held, that he was entitled to hold the lands so devised to him by G. 0. and transferred to him by E. O. 1 By the treaty of 1783 the United States succeeded to all the rights that existed in the King of France, in that part of Cauada which now forms the State of Michigan prior to its conquest by Great Britain in 1750, and among them that of dealing with seigniorial estates for a forfeiture for non-fulfilment of the conditions of the fief. 2 Lands granted by the acts of March 3, 1807, in fulfilment of the second article of the treaty of 1794, were not donations. 3 The reciprocity treaty of 1854 did not release a forfeiture previously incurred. 4 There is nothing in the treaties with Great Britain which gives a British merchant resident in a port of the seceded States during the war an immunity from the general principles of public law applicable to resident neutral merchants. 5 GREECE. The war of the Greeks for independence early attracted attention in this country. Mr. Dwight, of Massachusetts, on the 24th of December, 1822, presented to the House a memorial in their favor. 6 The senti- ment of the House was against meddling with the subject, and the me- morial was ordered to lie on the table. Early in the next session (Dec. 8, 1823) Mr. Webster submitted to the House a resolution that provision ought to be made by law for de- fraying .the expense incident to the appointment of an agent or com- missioner to Greece, whenever the President shall deem it expedient to make such appointment. 7 On the 19th of the same month the House 'requested the President to lay before it any information he might have received, and which he might deem it improper to communicate, re- specting the condition and future prospects of the Greeks. 8 On the 29th a memorial was presented from citizens of New York, requesting the recognition of the independence of Greece 9 . On the 31st the President transmitted the desired information to Congress. 10 On the 2d of January, 1824, Mr. Poinsett laid before the House a resolution of the General Assembly of South Carolina that that State would hail with pleasure the recognition by the American Government of the In- dependence of Greece. 11 On the 5th Webster presented a memorial 1 New York v. Clarke, 3 Wheat., 1. 2 United States v. Bepentigny, 5 Wallace, 211. 8 Forsyth v. Reynolds, 15 Howard, 358. •'Pine Lumber, 4 Blatchford's Circuit Court Reports. « The Sarah Starr, Blatchford's Prize Cases, 69. 6 Annals 2d Sess. 17th Cong. , 457. ' Annals 1st Sess. 18th Cong. 805. « lb., 843, 847. " lb., 889. '° lb., 914, 2917 ; 5 F. E. P., 252. " Annals 1st Sess. 18th Cong., 916. 1034 NOTES — HANOVER HAWAIIAN ISLANDS. from citizens of Boston. 1 The debate upon Webster's resolution began upon the 19th of January 2 and continued until the 26th. It took a wide range, developed great diversity of sentiment, and produced no result. The sympathy for the Greeks continued to manifest itself. On the 2d of January, 1827, Edward Livingston moved to instruct the Com- mittee of Ways and Means to report a bill appropriating $50,000 for provisions for their relief. 3 The bill was negatived on the 27th. 4 Pri- vate relief was given, and in his annual message to Congress in the fol- lowing December the President transmitted to Congress correspond- ' ence respecting it with Capo d'Istrias and with the President and Secretary of the Greek National Assembly. 5 The first and only Treaty with Greece was concluded in London in 1837 between the Ministers of the respective Powers at that Court. It was sent to Congress with the President's message of December 4, 1838. 6 HANOVER. The Treaties of Commerce and Navigation with Hanover contained provisions respecting duties upon tobacco, which were the subject of both correspondence and legislation, and were esteemed important.' It was thought at the time of their negotiation that other similar Treaties with more important Powers would follow. 8 This proved to be a mistake. How these Treaties became abrogated is explained in note " Abrogated, Szispended, or Obsolete Treaties." HAWAIIAN ISLANDS. In the year 1826 Thomas Ap Catesby Jones, commanding the United States Sloop-of-War "Peacock," signed articles of agreement in the form of a Treaty with the King of the Hawaiian Islands. 9 The Hawaiians profess to have observed this as a Treaty, 10 but it was not regarded as such by the United States. In December, 1842, the " duly commissioned" representatives of King Kamehameha III proposed to Mr. Webster, Secretary of State, to con- clude a Treaty whenever the sovereignty of the King should be recog- nized. In support of their proposal they said, " Twenty- three years ago the nation had no written language, and no character in which to write it. * The nation had no fixed form or regulations of government except as they were dictated by those who were in authority, or 'Ib.,931. » lb., 1084. 3 3 Debates, 577. "Ib.,654. » 6 F. E. F., 627, 636. sS.E.Doc. 1, 3d Sees. 25th Cong. ' H. E. Doc. 258, 2d Sess. 25th Cong. ; H. E. Doo. 60, 1st Sobs. 36th Cong. 8 H. E. Doc. 258, 2d Sess. 25th Cong., 22. 9 H. E. Doc. 35, 3d Sess. 27th Cong. '°Ib. NOTES HONDUEAS. 1035 might by any means acquire power. * * Bat under the fostering influence, patronage, and care of His Majesty, and that of his pre- decessors, the language has been reduced to visible and systematized form, and is now written by a large and respectable portion of the people. * * A regular monarchcial government has been organ- ized of a limited and representative character. * A code of laws, both civil and criminal, has been enacted and published. * * Their position is such that they constitute the great centre of whale-fishery for most of the world. They are on the principal line of communica- tion between the Western Continent of America and the Eastern Continent of Asia ; and such are the prevailing winds on that ocean that all vessels requiring repairs or supplies, either of provisions or of water, naturally touch at those islands, whether the vessels sail from Columbia River or the north, or from the far distant parts of Mexico, Central America, or Peru upon the south." 1 Mr. Webster replied^ " The United States have regarded the existing authorities in the Sandwich Islands as a Government suited to the con- dition of the people, and resting on their own choice ; and the President is of opinion that the interests of all the commercial nations require that that government should not be interfered with by foreign Powers, ' * The President does not see any present necessity for bhe nego- tiation of a formal Treaty." 2 It was not until 1849 that a Treaty was concluded. Under this treaty it was held by Attorney-General Speed, (June 26. 1866,) that the Consular Courts at Honolulu have the power, without in- terference from local Courts, to determine, as between citizens of the United States, who comprise the crew of an American vessel, and are bound to fulfil the obligations imposed by the shipping-article. 3 HONDURAS. Prior to the signature of the Clayton-Bulwer Treaty of 1850, Great Britain had taken possession of Tigre Island, in the Gulf of Fonseca. An animated discussion followed. 4 In the 14th article of the Treaty concluded with Honduras in 1864, the United States undertook, in consideration of certain concessions by Honduras, to guarantee the neutrality of an interoceanic communica- tion so long as they should enjoy the concessions. The Government of Honduras having manifested a purpose of holding these guarantees to be in force before the United States had come into the enjoyment of the concessions, Mr. Pish wrote Mr. Baxter, " It has not hitherto been sup- posed that the obligation of the United States to maintain that neu- 1 lb., 4-5. » lb., 5. ' 11 Op. At.-Gen., 508. 4 H. Ex. Doo. 75, 1st Sess. 31st Cong. ; see, also, " Central America. " 1036 NOTES — ITALY. trality would become perfect, except upon the completion of that rail- way, as the charge was assumed as a consideration for advantages pro- mised, the realization of which obviously canuot begin so long as the road shall be in an unfinished state. 1 The guarantee, however, by no means implied that the United States are to maintain a police or other force in Honduras for the purpose of keeping petty trespassers from the railway." 2 He also instructed Mr. Torbert, the Minister at San Sal- vador, to the same effect. 3 ITALT. With two of the independent powers which were consolidated into the Kingdom of Italy, the United States had concluded Treaties prior to the consolidation, viz, with Sardinia and with the Two Sicilies. They had also held diplomatic relations with the Papal States, and had es- tablished Consulates in Tuscany and other parts of Italy. The Treaty of commerce with Sardinia was communicated to Con- gress by President Van B.uren in his Annual Message on the 24th •December, 1839, in these words : " That with Sardinia is the first Treaty of commerce formed by that Kingdom, and it will, I trust, an- swer the expectations of the present Sovereign, by aiding the develop- ment of the resources of his country, and stimulating the enterprize of his people." 4 The correspondence " touching the origin, progress, and conclusion" of that convention, and also " all consular aud other official correspond- ence in regard to the execution of said treaty," was called for by the Senate and transmitted to that body.'" 5 With the Two Sicilies an important political question was adjusted by. a Treaty. " On the 1st day of July, 1809, the Minister for Foreign Affairs of the then Government of Naples, addressed to Frederick De- gan, esq., then Consul of the United States, an official letter, contain- ing an invitation to all American vessels, having on board the usual cer- tificates of origin, and other regular papers, to come direct to Naples with their cargoes. * Upon the credit * of that promise [the merchants of the United States] sent to Naples many valuable ves- sels and cargoes ; * but scarcely had they reached the destination to which they had been allured, when they were seized, without dis- tinction, as prizes, or as otherwise forfeited to the Neapolitan Govern- ment. * These arbitrary seizures were followed * by summary de- crees confiscating, in the name and for the use of the same Government, the whole of the property which had thus been brought within its grasp." 6 1 F. E., 1871, 577. » lb., 581. ^ib., 691-692. "Globe, 1st Sesa. 26th Cong., Ap. 2. s H. E. Doc. 118, 1st Sess. 29th Cong. « 4 F. E. F., 162. NOTES ITALY. 1Q37 In 1816 William Pinckney,the U. 8. Minister to St. Petersburg, was sent on a special mission to Naples to make reclamations for these spolia- tions. He laid the matter before the Neapolitan Government, and that government denied its obligation to make reparation. The Marquis di Circello, Minister for Foreign Affairs, verbally told Pinckney that "Monsieur Murat [as he styled him] appropriated to his own use what- ever of value he could lay his hands upon, and in particular the vessels and merchandise belonging to our citizens," 1 and he officially informed the American Envoy that the fund received from the confiscation of this prop- erty " was always considered as appertaining to the extraordinary and private domain of Murat himself. * It is enough to read the account rendered of the cashier of the separate fund to know that the sums paid into it were dissipated in largesses to the favorites of Murat, in mar- .riage portions to some of his relatives, and in other licentious expenses of Murat and of his wife, especially during their visit to Paris. * Murat * was but the passive instrument of the will of Bona- parte in the confiscation of the American ships." 2 The rejected claims were from time to time the subject of memorials to Congress. 3 In his message at the opening of the first session of the 22d Congress, • President Jackson said : " Our demands upon the Government of the Two Sicilies are of a peculiar nature. The injuries on which they are founded are not denied, nor are the atrocity and perfidy under which those injuries were perpetrated attempted to be extenuated. The sole ground on which indemnity has been refused is the alleged illegality of the tenure by which the monarch who made the seizures held his crown. This defence, always unfounded in any principle of the law of nations, now universally abandoned, even by those powers upon whom the re- sponsibility for acts of past rulers bore the most heavily, will unques- tionably be given up by his Sicilian Majesty, whose counsels will receive an impulse from that high sense of honor and regard to justice which are said to characterize him ; and I feel the fullest confidence that the talents of the citizen commissioned for that purpose will place before him the just claims of our injured citizens in such a light as will enable me, before your adjournment, to announce that they have been adjusted and secured." 4 It was not until two years later that the President was able to an- nounce to Congress that the ratifications of a convention for the settle- ment of these claims had been duly exchanged. 5 The act to carry this into effect was passed on the 2d of March, 1833. 6 Before the consolidation of Italy two Treaties of Amity and Com- merce had been concluded between the United States and the Two Sici- lies—one in 1845, and one in 1855. 'Ibid., 161. * lb., 170-171. 3 6 F.E.F., 614, 1005. 4 Debates 1st Sess. 22d Cong.,Ap.3. ''Debates 1st Sess. 23d Cong., Ap. 3. « 4 St. at L., 660. 1038 NOTES JAPAN. George P. Marsh was the first Minister accredited to the New King- dom. In June, 1864, Mr. Seward transmitted to him a full power to ne- gotiate a new Treaty of Commerce to take the ; ' place of the existing Treaties between the United States and the Kingdoms of Sardinia and the Two Sicilies." 1 The Italian Government had already expressed its willingness to include in a Treaty a provision for " the total exemption of all private property not contraband of war from capture at sea by ships of war in all cases." 2 By the 29th of June, 1865, the negotiations were so far advanced that a draught of the proposed Treaty had been left at the Foreign Office, and Marsh was asking Instructions respecting a Consular Convention. He was instructed to confine himself to a Commercial Treaty. 3 The Consular Convention, for which he asked instructions, was con- cluded at Washington in February, 1868. It was followed, in March, 1868, by a convention, also concluded at Washington, for the surrender of criminals. It was not until February, 1871, that the Treaty of Amity and of Commerce was concluded in Florence. It contains the provision re- specting captures at sea suggested by Ricasoli ten years before. With the States of the Church the United States maintained diplo- matic relations for many years ; but, in 1868, Congress neglected to make appropriations for the support of a mission, and the Minister was withdrawn. In his annual message to Congress in 1871, President Grant said, " I have been officially informed of the annexation of the States of the Church to the Kingdom of Italy, and the removal of the capital of that Kingdom to Rome. In conformity with the established policy of the United States, I have recognized this change."* JAP AW. Mr. Edmund Roberts, a Sea Captain of Portsmouth, N. H., was named by President Jackson his "agent for the purpose of examining in the Indian Ocean the means of extending the commerce of the United States by commercial arrangements with the Powers whose dominions border on those seas." 5 He was ordered, on the 27th of January, 1832, to " embark on board of the United States sloop-of-war the ' Peacock,' " in which he was to " be rated as Captain's Clerk." 6 On the 23d of the following July, he was told to " be very careful in obtaining information respecting Japan, the means of opening a communication with it, and the * value of its trade with the Dutch and Chinese," 7 and that when he should arrive at Canton he would probably receive further instruc- tions. He had with him blank letters of credence, and on the 28th of » 4 D. C, 1864, 328. 2 D. C, 1861, 321. "3D. C, 1865, 148-149. «F. E., 1871, 5. S MS. Dept. of State. s Ib. 'lb. NOTES — JAPAN. 1039 October, 1832, Edward Livingston, Secretary of State, instructed him that -the United States had "it in contemplation to institute a separate mission to Japan," but that if he should find the prospect favorable he might fill up one of his letters, and present himself to the Emperor for the purpose of opening trade. Nothing was accomplished by this mis- sion in that quarter. 1 Again, in 1845, Alexander Everett was empowered to open .nego- tiations with the Japanese Government, 2 and Commodore Biddle was instructed to " take the utmost care to ascertain if the ports of Japan were accessible." 3 The Commodore did go to the bay of Yedo, and remained there several days. The Japanese refused to open their ports; they said: ''This has been the habit of our nation from time immemorial, In all cases of a similar kind that have occurred we have positively. refused to trade. Foreigners have come to us from vari- ous quarters, but have always been received in the same way. Jn taking this course with 1-egard to you, we only pursue our accustomed policy." 4 In the spring of 1849 it came to the knowledge of Commodore Geis- inger, commanding the United States East India Squadron, that some American sailors were imprisoned in Japan, and Commander Glynn was dispatched to Nagasaki to -liberate them. 5 He succeeded in doing so, 6 and on his return he laid before the President reasons why he thought it to be " a favorable time for entering upon a negotiation with Japan." 7 The Dutch Government at that time had the monopoly of the foreign trade of Japan. 8 The Dutch Minister at Washington, under instruc- tions from his government, at this juncture, informed the Government of the United States that it was not to be supposed that there was " any modification whatever of the system of separation and exclusion which was adopted more than two centuries ago by the Japanese Government, and since the establishment of which the prohibition against allowing any foreign vessel to explore the Japanese coast has been constantly in force." 9 5 " Mr. Webster, Secretary of State, soon after the receipt of this, note, instructed Commodore Aulick to proceed with a letter from President Fillmore to the Emperor of Japan to Yedo in his flag-ship, accompa- nied by as many vessels of his squadron as might conveniently be em- ployed in the service, and to deliver it to such high officers of the Em- peror as might be appointed for the purpose of receiving it. The prin- cipal object of his visit was to arrange for obtaining supplies of coal, bat he also received " full power to negotiate and sign a Treaty of Amity and Commerce between the United States and the Empire of Japan." 10 This was in June, 1851. In November, 1852, Commodore Perry was sent out with an increased naval force. "A copy of the geu- ■S. E. Doc. 59, 1st Sess. 32d Cong., 63. 'lb., 69. »Ib., 64. «Jb., 68. ' lb., 6 6 Ib., 9-57. 'lb., 74. "ib.,68. 9 lb., 79. 10 lb., 80-81. 1040 NOTES — JAPAN. eral instructions given to Commodore John H. Aulick" was handed him, which he was to consider as "in full force, and applicable to his command." 1 He succeeded in concluding a Treaty on the 31st of March, 1854. The interesting negotiations which preceded it are detailed in the document above referred to. An account of the expedition, from the journals of Commodore Perry and officers under his command, was compiled by the Eev. Francis L. Hawks, D. D., and printed in quarto form by order of the House. 2 The rights of Americans in Japan were further extended by a Con- vention concluded at Simoda on the 17th of June, 1857 ; and in the fol- lowing year a more extensive Treaty was concluded, in which it was provided that all the provisions of the Convention of 1857, and so much of the Treaty of 1854 as were in conflict with the new Treaty, were revoked. In 1859 it was determined to send a Japanese embassy to the United States ; 3 and this was done in 1860. In 1864 a convention was con- cluded for the payment to the United States, Great Britain, France, and the Netherlands, of an aggregate sum of three millions of dollars, "this sum to include all claims, of whatever nature, for past aggressions on the part of Nagato, whether indemnities, ransom for Simonoseki, or ex- penses entailed by the operations of the allied squadrons." 4 , The circum- stances whicli led to the conclusion of this Treaty were thus stated by' Mr. Fish in a report to the President : " The Japanese indemnity fund comes from payments made by the Japanese government under the con- vention of October 22, 1864, 5 of which a copy is herewith inclosed. It appears that Prince Choshu, the ruler over the provinces of Sueoo and Nagato, having possession of the Japanese fortifications which com- mand the Straits of Simonoseki, and also having with him the person of the Mikado, refused to recognize the validity of the treaties concluded by the Tycoon with the foreign powers, and closed the passage to the inland sea. At the request of the Tycoon's government the forces of the United States, Great Britain, France, and the Netherlands, in those waters, jointly proceeded to open the straits by force. On the 4th, 6th, 7th, and 8th days of September, 1864, they destroyed the batteries com- manding the straits, blew up the magazines, threw the shot and shell into the sea, carried away seventy cannon, and obtained an unconditional surrender from Prince Choshu, with an agreement to pay the expenses of the expedition. The ratification of the treaties by the Mikado, aud the firm establishment of the foreign policy of the Tycoon also, speedily followed. The government of the Tycoon, preferring to assume the expenses of the expedition, which the rebellious prince had agreed to pay, entered into the convention of October 22, 1864, stipulating to pay the four powers three millions of dollars, 'this sum to include all claims, iS. E. Doc. 34, 2d Sess. 33d Cong. 2 H E. Doc. 97, 2d Sess. 33d Cong. 3 S. E. Doc. 25, 1st Sess. 36th Cong. * Ante, 526. 6 14 St. at L., 665. NOTES JAPAN. 1041 of whatever uature, for past aggressions on the part of Nagato, whether indemnity, ransom for Simonoseki, or expenses entailed by the operation of. the allied squadrons,' 'the whole sum to be payable quarterly,' in installments 'of half a million of dollars.' One million and a half of dollars have been paid under this convention, and one million and a half of dollars remain unpaid. The Japanese government have asked to have the payment of the unpaid balance deferred till May 15, 1872, on terras set forth in the inclosed correspondence, and this government has con- sented as to its portion, (one-fourth,) on condition that the other powers also consent. Of the amounts already paid, one-fourth came to the possession of the United States, which appears to have yielded to its credit with Baring Brothers, in London, the sum of eighty-eight thou- sand eight hundred and eighty-one pounds eighteen shillings and ten- pence sterling, (£88,881 18s. lOd.) This, transferred to New York, pro duced in currency the sum of five hundred and eighty-six thousand one hundred and twenty-five dollars and eighty-seven cents, ($586,125 87,) which was invested in ten-forty bonds of the United States at par. The interest on the bonds, as accruing, has been invested in the same class of bonds. The disbursing clerk of the D ';>artment of State now holds, as belonging to this fund, such registered bonds to the amount of seven hundred and five thousand dollars, ($705,000,) at par. The Secretary of State is not aware of any claims against this fund." 1 It so happened that there was no vessel in the naval service of the United States that was in a condition to take part in this expedition. The Ta-Kiang was therefore chartered for the service, 3 and was manned with a crew of eighteen persons from the Jamestown, which, with her own crew of forty, made a crew of fiffcy-eight in all. 3 The Ta-Kiang had three guns, and received one thirty-pound Parrot gun from the James- town. 4 The actual cost of the expedition to the United States was $9,500 for the charter, 5 and $1,848.00 for the coal consumed'. 6 In 1867 it became necessary to make " arrangements for bhe establish- ment of a Japanese municipal office for the foreign settlement of Yoko- hama." By this arrangement, which " was adopted and agreed to by the foreign representatives and the Japanese Government," "the prin- ciple of exterritoriality was carefully preserved," as to the Treaty Powers. 7 In a recent discussion between the Japanese Minister for Foreign Affairs and the Peruvian Envoy, the former thus speaks of this agree- ment, and its relations to citizens of non-Treaty Powers : " It was a tem- porary arrangement, thought essential, say the foreign ministers who rec - ommended it, ' under present circumstances, to secure the maintenance of order and health within the foreign settlement.' It did not fix any time within which it should remain in force. It is therefore either binding forever, or it might be abrogated at the pleasure of this govern- 'S.E.Doc.58, 2d Sess.41st Cong., 2; see, also, 3 D. C, 1864. ° lb.,. 579. » lb., 584. 'lb., 553, 584. » lb., 579. 6 lb., 581 ; see, also, H. M. Doc. 151, 2d Sess. 42d Cong., as to this fund. * 2 D. C, 1867, 73. 66 1042 NOTES — LAND GKANTS. ment. * * Peru was then and is now a non-treaty Power. Your Excellency would be astonished and indignant if you were told by the officer whom His Majesty the Tenno may authorize to negotiate with you a Treaty of amity and com inerce, that while perfectly free on all other points, we cannot relieve the citizens of Peru from being subject to coercive jurisdiction exercised by the majority of a Board of Foreign Consuls. Yon would ask, I think, by what right the Ministers of Great Britain, France, the United States, Germany, and Holland undertook to stipulate in what manner the citizens of Peru should be tried. * If the pretensions of some of the consuls were admissible, that they had a right not only to give advice, but that their advice, or that of a majority of them, should be controlling, so that the governor of Kanagawa would be only a mouthpiece to utter their decision, then the extraordinary re- sult would follow that this government might be made responsible to a foreign nation for an erroneous decision, which it had no power to prevent or reverse." 1 LABfD GRANTS. British Titles. All British grants are invalid which were made after the declaration of independence, and purported to give title to land within the territories •of the United States as defined by the Treaty of 1783. 2 French Titles. All French grants of land in Louisiana, made between the 3d of No- vember, 1762, the date of the cession to Spain, and the 1st of October, 180Q, the date of the recession to France, are invalid. 3 Spanish Titles. Louisiana. — Spanish grants in Louisiana were valid, if made accord- ing to law, between November 3, 1762, and Oct. 1, 1800. The require- ments of law are considered in the following cases, as collected in Brightly's Digest : Strother vs. Lucas, 12 Peters, 411 '; United States vs. Delespine, 15 Peters, 319 ; Le Bois vs. Bramell, 4 How., 449 ; Bissell ag'st Penrose, 8 How., 317 ; Lecompte ag'st U. S., 11 How., 115 ; United •States ag'st Power's Heirs, Ibid., 570 ; U. S. ag'st Moore, 12 How., 209; U. S. ag'st Simon, Ibid., 433. 4 Florida. — The titles to lands which had been granted by the King of •Spain were confirmed by the force of the Treaty of 1819 for the cession 1 Mr. Oyeno Kagenori to Mr. Garcia. (Enclosure to No. 429, June 19, 1873, from U. S. minister to Japan.) MS. Dept. of State. 2 Harcourt v. Gaillard, 12 Wheat., 523. 'U.S. v. D'Auterine, 10 How., 609 ; Montault v. IT. S., 12 How., 47. * 1 Brightly's Federal Di- gest, 532 ; see also S. D. 56, 2d Session 23d Congress. NOTES LEW CHEW-MADAGASCAR. 1043 of Florida. 1 If the title was granted upon condition, the concession became absolute on the performance of the condition, 3 but if the condi- tion was not performed and no good excuse shown for the non-perform - ance, then the grant was invalid. 3 Brightly's Digest (p. 534) enumerates the cases in which concessions of law by the governors of East Florida have been confirmed. Mexican Titles, These titles were recognized by the Treaty of 1848, and by the Treaty of 1853. The authority and jurisdiction of Mexican officers to make grants of lands which were recognized by the Treaty of 1848 expired on the 7th of July, 1846, 4 and if any condition was annexed to a grant which was inconsistent with the public policy of the United States, it was annulled by the conquest. 5 Brightly's Digest, vol. 1, page 538, contains references to some of the cases in which the Supreme Court of the United States has decided what are and what are not valid Mexican Titles. IE W CHEW. "While Commodore Perry was at Lew Chew in 1854, one of the sailors in his squadron, in a state of intoxication, entered the house of a native and violated a woman. The people were enraged at this crime, and stoned the criminal to death. Commodore Perry caused an inquiry to be made into the circumstances, and concluded with the authorities an agreement for the treatment of Americans and their punishment for future offenses. 6 MADAGASCAR. The conclusion of a Treaty with Madagascar in 1867, coriferring exter- ritorial jurisdiction upon the Consul of the United States, made it neces- sary to extend to Madagascar the provisions of the Act of 1860 entitled "An act to carry into effect provisions of the Treaties between the United States, China, Japan, Siam, Persia, and other countries, giving certain judicial powers to Ministers and Consuls and other functionaries of the United States in those countries, and for other purposes." 7 'United States v. Percheman, 7 Peters, 51 ; U. S. v. Clarke, 9 Peters, 168; Mitchell v. U. S., lb., 711, and other cases cited in Brightly's Digest, 533. % U. S. o. Clarke, 9 Peters , 168. 3TJ. S.u. Mill's Heirs, 12 Peters, 215. 4 U. S. v. Yerba, 1 Wallace, 412. 6 U. S. v. Vaca, 18 How., 556 ; Fuentes v U. S., 22 How., 443. « S. E. Doc. 34, 2d Sess. 33d Cong., 174. 1 16 St. at L., 183. 1 044 NOTES MEXICO. MEXICO. In a communication to the Secretary of State, printed in the Folio Edition of the Foreign Belations, 1 it is stated that " before the insur- rection of the year 1810 the Kingdom [of New Spain] contained six millions of inhabitants, and * may be said to have been at its acme of prosperity ; the royal revenue exceeding $20,000,000." The course of the revolution from 1810 to 1821 is reviewed in that communication. It is stated that before 1816 " the impossibility of re- establishing peace and quietness in the Kingdom by the force of arms was fully, ascertained," 2 and the military events between 1816 and 1821 are rapidly reviewed. In 1821 Spain made an effort to save her rebellious American colonies. Deputies from Mexico were received by the Cortes at Madrid, and "availed themselves of this occasion to show to the Cortes and Execu- tive the impracticability of the provinces of America being governed as those of the Peninsula. * They then moved that the Government should be requested to direct without delay the Viceroy of Mexico to inform Iturbide that the Cortes were occupied in projecting a plan of Government for America, and to propose a suspension of hostilities until the resolution should be finally made by the Cortes and Execu- tive." 3 The opposition of the King defeated this move, and the American Deputies then proposed that there should be three divisions made of America ; in each a Cortes ; * * in each division a delegate ap- pointed by the King, * who shall exercise in the name of the King the executive power, * the commerce between the Peninsula and Ameriea to be considered as from one province to another, and the in- habitants of the latter to have equal eligibility with those of the formei to all public employments." 4 While these propositions were under consideration, Iturbide had gained a position in Mexico which enabled him to make proposals that New Spain should be independent of Old Spain ; and that it should be a monarchy, of which a member of the royal family of Spain should be the Emperor, with sundry other provisions conceived for the purpose of securing these results. The Cortes showed a reluctance to take the matter into serious con- sideration, 5 upon which the American Deputies submitted a plan to the Cortes. 6 No compromise of ideas so radically different was found prac- ticable. Iturbide continued military operations until, on the 24th of August, 1821, he concluded a treaty in Cordova with Senor O'Donqju, Lieut.- General of the Armies of Spain, by which the Independence of New Spain was declared to be recognized. 7 As a result of this, supreme * 4 F K. F., 836. 2 lb., 837. 3 4 F. R. F., 828. * lb. « lb., 830, B. « lb., 831, C. 7 lb., 841. NOTES MEXICO. 1045 authority, with the title of Highness, was vested in Iturbide, 1 and Mexico was declared to be an Empire. In the following March President Monroe sent his message to Con- gress respecting the recognition of the Spanish- American States, where- upon the Spanish Minister at Washington protested against it. 2 While the Spanish government was still trying in vain to find a plan for reconciling and retaining the colonies,' the Committee of the House of Eepresentatives of the United States recommended the passage of a resolution " that the American provinces of Spain, which have declared their independence, and are in the enjoyment of it, ought to be recog- nized by the United States as independen nations." 4 The action of Con- gress is stated under the title u Columbia." In 1825 Mr. Poinsett was despatched as Minister to Mexico. He was instructed to "bring to the notice of the Mexican government the mes- sage of the late President of the United States to their Congress, on the 2d of December, 1823, asserting certain important principles of in- tercontinental law in the relations of Europe and America. The first principle asserted in that message is, that the American Continents are not henceforth to be considered as subjects for future colonization by any European powers. * * The other principle asserted in the mes- sage is, that whilst we do not desire to interfere in Europe with the political system of the allied powers, we should regard as dangerous to our peace and safety any attempt on their part to extend their sys- tem to any portion of this hemisphere." 5 These instructions were after- wards made the subject of some discussion in the House, 6 in the course of which Mr. Webster said : " The proceedings of the Allied Powers at Troppau, Laybach, and Verona were very well remembered, and in the course of the very year then expiring the King of Spain had been established on his throne by the army of Prance. * Under these circurn - stances the question was, how is it likely the Allied Powers will act to- ward the former Spanish colonies in America 1 Having succeeded in establishing such a government as suited them in Spain itself, would they not, or might they not, be willing to go. further, and to assist the Spanish Monarch in reconquering his rebellious provinces? It was possible they might do this — perhaps it was not very improbable. At this juncture the President's declaration was made. * The amount of it was that this government could not) look with indifference on any combination among other Powers to assist Spain in her war against the South American States ; that we could not but consider any such com- bination as dangerous or unfriendly to us ; and that if it should be formed it would be for the competent authorities of this government to decide, when the case arose, what course our duty and our interest should require us to pursue." 7 Poinsett was further instructed to secure, if possible, a Treaty 1 lb., 843. * lb., 845-6. 'lb., 847. * lb., 850. ' 5 F. K. F., 909 ; 6 lb., 578. 6 2 De- bates, 1826, 1792-1820. 7 lb., 1807-8. 1046 NOTES MEXICO. of limits, and a Treaty of Amity and Commerce, on the basis of the recently concluded Convention with Colombia. 1 The Treaty which he signed, and the account of the negotiations which preceded it, will be found in the 6th vol. of the Folio Edition of the Foreign Relations, pages 578-613. This Treaty did not receive the assent of the Senate, except upon conditions which caused it to fail. 2 The Treaty of limits of 1828 was then concluded, 3 and in 1831 a Treaty of Amity and Commerce was signed, which is still in force. The war between Texas and Mexico affected the relations between Mexico and the United States, and was the cause of frequent commu- nications from the Executive to Congress, and of frequent discussions and reports in that body. 4 At one time, in the early stage of the dis- cussion, the Mexican Minister withdrew himself from Washington, but relations were soon restored. Claims began to arise and to be pressed against Mexico as early as 1836. 5 In 1837 they were made the subject of Presidential mes- sages. 6 A convention was concluded for the adjustment of these claims in 1838, which was not ratified by the Mexican Government ; and an- other convention was concluded and ratified by both parties, for the same purpose, in April, 1839. The acts of Congress to carry this into effect were approved on the 12th of June, 1840, 7 and on the 1st of September, 1841. a When the Commissioners on each side met together, [William L. Marcy was one of the United States Commissioners] a radical difference of oi>inion on important subjects was found toexist. (1) The Ameri- can Commissioners regarded the joint body as a judicial tribunal. The Mexican Commissioners regarded itas adiplomatic body. 9 (2) The Ameri- cans asserted that the claimants had a right to appear personally or by counsel beforetheCommissioners. The Mexicans denied this, and insisted that the proof must come through the government. 10 Much time was lost in these and kindred discussions ; so that, when the last day for action had passed, several claims had not been acted on. 11 This was the cause of much subsequent correspondence. 13 Mexico did not keep its engagements under this Treaty, and in 1843 a new convention respecting the pay- ments was made in which it was agreed that another claims convention 1 6 F. E. F., 579. 2 3 Ex. Jour., 570. 3 6 F. E. F., 946. < S. E. Doc. 415, 1st Sess. 24th Cong. ; S. E. Docs. 20, 84, 160, and 189, 2d Sess. 24th Cong. ; H. E. Doc. 256, 1st Sess. 24th Cong. ; H E. Doc' 35, and 105, 2d Sess. 24th Cong. ; H. E. 281, 2d Sess. 24th Cong. ; H. E. Doc. 40 and 42, 1st Sess. 25th Cong. ; H. E. Docs. 351 and 409, 2d Sess. 25th Cong. ; H. E. 1056, 2d Sess. 25th Cong. ; H. E. Doc. 252, 3d Sess. 25th Cong.; H. E. Doc. 51, 2d Sess. 27th Cong. ; S. E. Doc. 325, 2d Sess. 27th Cong. ; S. E. Docs . 349, and 390, 1st Sess. 28th Cong. ; H. E. Doc. 271, 1st Sess. 28th Cong. ; H. E. Doc. 19, 2d Sess. 28th Cong. 6 S. Doc. 424, 1st Sess. 24th Cong. 6 S. E. Doc. 160, 2d Sess. 24th Cong. ; H. E. Doc. 139. Ibid. ; see also Eeports of the Secretary of State accompanying President's Message 2d Sess. 25th Cong. ; and S. E. Doc. 14, 2d Sess. 25th Cong. 7 5 St. at L., 383. s lb., 452. 9 H. E. Doc. 291, 2d Sess. 27th Cong., 5. 10 lb., 14-15. « lb., 40-49 ; H. E. 1096, 2d Soss. 27th Cong. '- S. E. Doc. 320, 2d Sess. 27th Cong. ; S. E. Doc. 411, 2d Sess. 27th Cong. NOTES MEXICO. 1047 should be entered into ; but this had not been done when war broke out between the parties, in 1846. 1 A Treaty was concluded with Texas for its annexation to the United States, but it failed to receive the assent of the Senate. Congress then , by joint resolution, declared that it "doth consent that the territory properly included within, and rightfully belonging to, the Eepublic of Texas, may be erected into a new State, to be called the State of Texas," 2 and on the 29th of December, 1845, it was jointly resolved " that the State of Texas shall be one * of the United States of America, aud ad- mitted into the. Union on an equal footing with the original States in all respects whatever." 3 On the 13th of the following May Congress declared in the preamble of the act providing for the prosecution of the war with Mexico, that " by the act of the Republic of Mexico a state of war exists between that Government and the United States," 4 and on the same day Presi- dent Polk made proclamation of that fact. 5 While hostilities were going on, Nicholas P. Trist, Chief Clerk of the Department of State, was dispatched to Mexico, and opened negotia- tions for peace. 6 He was instructed to demand the cession of New Mexico and California in satisfaction of claims against Mexico, on the ground that " a state of war abrogates treaties previously existing be- tween the belligerents, and a treaty of peace puts an end to all claims for indemnity." 7 The proposals were rejected by Mexico, and the Commis- sioner was recalled on the 6th of October, 1847. 8 He remained, how- ever, in Mexico, notwithstanding the instructions to return, aud he suc- ceeded in concluding the Treaty of Guadalupe Hidalgo on the 2d of February, 1848. This was communicated to the Senate on the 23d of February. 9 Sundry amendments were made by the Senate and accepted by Mexico, and the ratifications were exchanged on the 30th of May, 1848. The Supreme Court has held that this Treaty does not protect the rights of property of Mexican citizens in the former Eepublic of Texas. 10 On the 6th of July, 1848, the President communicated the Treaty to Congress, with a message asking legislation to carry it into effect. 11 On the 29th of the same month the act for the payment of the liquidated claims against Mexico passed Congress. 12 The civil and diplo- matic appropriation bill, approved on the 12th of August, contained a pro- vision for the survey of the new boundary-line, 13 and in the following 1 H. E. Docs. 144 and 158, 2d Seas. 28th Cong. ; S. E. Doc. 81, 2d Seas. 28th Cong. ; S. E. Doc. 151, 1st Sess. 29th Cong. ; H. E. Doc. 133, 1st Sess. 29th Cong. 3 5 St. at L., 797. 3 9 St. at L., 108. 4 9 St. at L., 9. 6 Ib., 999. For Congressional papers during the war, or descriptive of it, see S. Doc. 337, 1st Sess. 29th Cong. ; H. E. Doc. 196, 1st Sess. 29th Cong. ; S. E. Doc. 1, 2d Sess. 29th Cong. ; S. E. 107, 2d Sess. 29th Cong. ; S. E. Docs. 20 and 52, 1st Sess. 30th Cong. ; H. E. Doc. 40, 1st Sess. 30th Cong. ; H. E. Doc. 56, 1st Sess. 30th Cong. ; H. E. Doc. 60, 1st Sess. 30th Cong. ; S. E. Doc. 32, 1st Sess. 31st Cong. « S. E. Doc. 20, 1st Sess. 30th Cong. 7 President's Message, S. E. Doc. 1, 1st, Sess. 30th Cong., 7. 8 lb., II. 9 S. E. Doc. 52, 1st Sess. 30th Cong. 10 McKenney v. Sai- rego, 18 Howard, 235. " S. E. Doc. 60, 1st Sess. 30th Cong. 13 9 St. at L., 265. 13 lb. 301. 1048 NOTES MEXICO. session provision was made for payment in part of the sums due to" Mexico under the 12th article. 1 On the 3d of March, 1849, a commission ■was created to examine the claims upon Mexico, which were to be as- sumed by tbe United States f and on the 3d of March, 1851, a loan was authorized for their payment. 3 One hundred and eighty-two claims were allowed, and seventy were rejected. 4 In the exchange of the ratifications of the Treaty of Guadalupe Hi- dalgo, certain explanations were embodied in a protocol signed by the Plenipotentiaries. These became the subject of a discussion in Con. gress early in 1849 which induced the Mexican Minister at Washington, (who appears to have been the same person who, as plenipotentiary, ex- changed the ratifications of the Treaty on the part of Mexico,) to ask of Mr. Buchanan, the Secretary of State, an assurance, in the form of a message from the President, that the Unit ed States adhered to the pro- tocol. Buchanan replied that " the President would violate the most sacred rights of the legislative branch of the Government if he were to criticise or condemn any portion of their proceedings, even to his own couutrymen ; much less, therefore, can he be called upon by the represeutative of a foreign government for any explanation, condemna- tion, defence, or approval of their proceedings. * * The President will be ever ready, in the kindest spirit, to attend to all representations of tbe Mexican government, communicated in a form which does not in- terfere with his own rights or those of Congress." 5 The annexation of California by the Treaty of Guadalupe Hidalgo made it desirable that the United States should have some interest in the isthmus routes between the two Oceans. Instructions looking to such a result were issued by Mr. Clayton in April, 1849, which were fol- lowed by long negotiations. 6 The Commission for running the boundary- line under the Treaty of 1848 met with difficulties and delays, 7 and in 1853 both questions were determined by a new Treaty, which annexed Arizona, and gave to the United States rights for itself and its citizens in any road that might be constructed across the Isthmus of Tehuan- tepec. 6 A Commission was organized for surveying the- new line. 9 The United States continued their exertions to acquire greater rights in the Isthmus of Tehuantepec. In 1857 Forsyth, Minister at Mexico, was instructed to endeavor to conclude sucha Treaty, 10 and two years later Mr. Cass wrote to Robert McLane, Forsyth's successor, " It is hoped you may be able to conclude a convention embracing the cession of Lower California, and the transit rights and privileges above referred to. The President would deeply regret to learn that this was impracticable. * There is reason to believe that Lower California may be secured ; and this result, I 1 lb., 348. 2 lb., 393. 3 lb., 617. * S. E. Doc. 34, 1st Seas. 32d Cong. " H. E. Doc. 5, 1st Sess., 31st Cong., 69-73. 6 S. E. Doc. 97, 1st Sees. 32d Cong. ' S. E. Doc. 34, 1st Sees. 31st Cong. ; H. E. Doc. 112, 1st Sess. 32d Cong. ; S. E. Docs. 119, 120, 121, 131, 1st Sess. 32d Cong. ; S. E. 345, 1st Sess. 32d Cong.; S. E. Doc. 55, 2d Sess. 33d Cong. » H. E. Doc. 109, 1st Sess, 33d Cong. 9 S. E. Doc. 57, 1st Sess. 34th Cong. io Confidential S. E, Doc. 221, 1st Sess. 36th Cong., 3. notes — Mitchell's map-most favoeed nation. 1049 repeat, is regarded by your government as of great importance. You will not readily come to the conclusion that it cannot be obtained. But if, after your best efforts have been exhausted, you find that the cession is impossible, * you may accept the transit and other rights proposed by Mr. Ocampo, * and you may stipulate to pay for them four millions of dollars, two millions to be reserved for the payment of such claims as may be found due from Mexico to our citizens." 1 These nego- tiations were fruitless. The attitude of the United States towards the Eepublic of Mexico, during the French invasion and conquest of a portion of Mexican terri- tory, is detailed in the voluminous correspondence transmitted to Con- gress during that period. 2 In 1861 an Extradition Treaty was concluded with Mexico, and in 1868 a naturalization convention, and a convention for the establishment of a claims Commission. The commission was duly organized in Wash- ington. Its powers were extended by a convention, concluded April 19, 1871, and a further extension was authorized by a convention con- cluded November 27, 1872. MITCHELL'S MAP. It is stated in the 4th Article of the Convention of 1827 with Great Britain, that the framers of the Treaty of 1783 are acknowledged to have regulated their joint and official proceedings by the map called Mitchell's map. A copy of a section of this map showing a part of New England, of Nova Scotia, the Gulf of St. Lawrence, the coast of Maine,, and the Bay of Pundy, is contained in the Senate Document 502, 2d Session 25th Congress. MOST FAVORED NATION. Engagements of extradition stand on particular stipulations of Treaty, and are not to be inferred from the " favored nation " clause in Treaties. 3 The 8th Article of the Convention for the cession of Louisiana provided that after the expiration of twelve years from the date" of that Treaty, the ships of Prance should be treated upon the footing of the most favored nations in the ports of the ceded territory. It was contended by Prance that this was an absolute agreement, ir- respective of the conditions upon which favors were granted to other nations, and that, therefore, when a favor should be granted to another nation for a consideration (reciprocal or otherwise) or upon a condition, Prance was entitled to enjoy the same favor without consideration or condition. .This was denied by the United States. The claim was abandoned by Prance in the Treaty of 1831. 4 •Ibid, 15. »H. E. Doc. 100, 2d Seas. 37th Cong.; H. E. Docs. 20,31,38,73,93,137, 1st Seas. 39th Cong. ; S. E. Does. 5, 6, 17, 54, 56, lat Seas. 39th Cong. ; D. C. 1861 to 1866- 3 6 Op. At.-Gen., 148, Cushing. " See " France." 1050 NOTES — MUSCAT-NATUKALIZANIOlir. MUSCAT. The Treaty with Muscat was negotiated by the same Edmund Eoberts referred to in the note upon Japan. It was transmitted to Con- gress with the President's Message at the commencement of the 2d Ses- sion of the 25th Congress. 1 NATURALIZATION. The political departments of the United States have invariably con- tended for the individual right of expatriation. The question has been discussed with the British Government, 2 with the Prussian Govern- ment, 3 with the French Government, 4 and with the Austrian Govern- ment, in the case of Martin Koszta. 5 Attorneys-General Cushing 6 and Black 7 have expressed the opinion that citizens of the United States possess the right of voluntary ex- patriation, subject to such limitation, in the interest of the State, as the law of nations or acts of Congress may impose; and Congress, in a late act, has expressed its opinion that " the right of expatriation is a nat- ural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness," and has en- acted " that any declaration, instruction, opinion, order, or decision of any officers of this government which denies, restricts, impairs, or ques- tions the right of expatriation, is hereby declared inconsistent with the fundamental principles of this government. 8 This right has been guarded, and its exercise provided for, in the series of Treaties whose provisions will be found grouped in the Analytical Index under the title " Naturalization? In a recent correspondence the Department of State, referring to the Koszta correspondence, said : " The late distinguished Secretary of State, Mr. Marcy, was very care- ful in his elaborate letter concerning the case of Martin Koszta not to commit this government to the obligation or to the propriety of using the force of the nation for the protection of foreign-born persons who, after declaring their intention to become at some future time citizens of the United States, leave its shores to return to their native country. He showed clearly that Koszta had been expatriated by Austria, and re- quired to reside outside her jurisdiction ; that at the time of his seizure he was not on Austrian soil, or where Austria could claim him by treaty stipulations ; that the seizure was an act of lawless violence, which every law-abiding man was entitled to resist ; and he took especial care to in- sist that the case was to be judged, not by the municipal laws of the United States, not by the local laws of Turkey, not by the conventions 1 S. Doc. 1, 26. 3 S. E. Doc, 38, 1st Sess. 36th Cong., 153, et. seq. s Lawrence's Wheaton, 925. "lb., 927-8. 6 H. E. 91, 1st Sess. 33d Cong. « 8 Op. At.-Gen., 139. T 9 lb., 62, 356. »15 St. at L., 223-4. NOTES NETHERLANDS. 1051 between Turkey and Austria, but by the great principles of interna- tional law. It is true that in the concluding part of that masterly dis- patch he did say that a nation might at its pleasure clothe with the rights of its nationality persons not citizens, who were permanently domiciled in its borders. But it will be observed by the careful reader of that letter that this portion is supplemental merely to the main line of the great argument, and that the Secretary rests the right of the govern- ment to clothe the individual with the attributes of nationality, not upon the declaration of intention to become a citizen, but upon the per- manent domicile of the foreigner within the country. " To extend this principle beyond the careful limitation put upon it by Secretary Marcy would be dangerous to the peace of the country. It has been repeatedly decided by this department that the declaration of intention to become a citizen does not, in the absence of treaty stip- ulations, so clothe the individual with the nationality of this country as to enable him to return to his native land without being necessarily subject to all the laws thereof." 1 WE T HEEL A W»S. On the 23d of September, 1778, the Pensionary of the city of Amster- dam sent word to the American Commissioners in Prance that he was " empowered by the burgomasters of the aforementioned city to declare in their names that, provided the said Congress do not enter into any engagement with the English Commissioners which may be hurtful or prejudicial to the commerce of the Eepublic of the United Provinces, directly or indirectly, the aforesaid burgomasters on their side will be entirely disposed, as far as depends on them, so to direct the course of affairs that whenever the independence of the said United States of Amer- ica shall be recognized by the English a perpetual treaty of Amity shall be concluded between this Republic and the aforesaid United States, containing the most extensive reciprocal advantages in relation to the commerce of the subjects of the two Powers." 2 In a separate note the Pensionary said that the burgomasters had " not the absurd design of concluding a convention independently of their High Mightinesses, but only to make such preparations as are possible to accelerate the conclusion of a treaty of commerce when the opportunity shall present ;" 3 and he suggested that " for this purpose we should take the Treaty be- tween France and America [concluded the previous February] as the basis, changing nothing except those provisions which cannot be applica- ble in the republic." 4 A plan of a treaty had been agreed upon at Aix la Chapelle on the 4th of the same month between William Lee and M. de Eeufville, 5 which 1 S. E. Doc. 108. 2d Sess. 41st Cong. s 1 D. C, 1776-'83, 333. 3 lb., 332. lb., 554-561, 578-582, and 593. 10 10 Franklin's Works, 213. " 1 Jefferson's Works, 359. NOTES PRUSSIA. 1067 Franklin had signed. Then Jefferson signed the documents, and Short took them to Adams, in London, for his signature. 1 Short then went to the Hague to secure Thulemeier's signature to the Treaty, and its ex- change. 3 On the 11th of July, 1799, when this was about to expire by its own limitation, a new Treaty was concluded by John Quincy Adams, at Ber- lin, which his father, the President, communicated to Congress on the 22d of November, 1800. 3 This also expired in ten years from the ex- change of ratifications, in the midst of the wars of Napoleon. In 1S28 a new Treaty of Amity and Commerce with Prussia was con- cluded, which is still in force. The fourteenth article makes provision for the disposition and the succession of both personal and real estate iu each country by citizens of the other. Attorney-General Gushing said of this, there " is a stipulation of Treaty, constitutional in sub- stance and form; which, as such, is the supreme law of the land; and which abrogates any incompatible law of either of the Spates. * * In the circumstances suggested by the Baron von Gerolt, it is an act of mere duty and of simple good faith on our part to assure him that such is the law." 4 This Treaty conferred upon consuls jurisdiction over disputes between masters and seamen. President Polk in his annual message, December 2, 1845, said, " The Prussian Consul at New Bedford, in June, 1844, ap- plied to Mr. Justice Story to carry into effect a decision made by him between the captain and crew of the Prussian ship Borussia, but the request was refused on the ground that without, previous legislation by Congress the judiciary did not possess the power to give effect to this article of the Treaty. * I have deemed it proper, therefore, to lay the ^object before Congress, and to recommend such legislation as may be necessary to give effect to these Treaty obligations." 5 No such act was passed until June 11, 1868. 6 It was held by Attorney-G-eneral Evarts that the provisions of this Treaty respecting the arrest and imprisonment of deserters applies to public vessels sailing under the flag of the North German Union, and deserters from such vessels. 7 On the outbreak of the Franco-German war, the German Minister at Washington informed Mr. Fish that private property on the high seas was to be exempted from seizure by German vessels without regard to reciprocity. 8 Mr. Fish replied, " The Government of the United States receives with great pleasure the renewed adherence of a great and en- lightened German Government to the principle temporarily established by the Treaty of 1785, and since then advocated by this Government whenever opportunity has offered." 9 Before the formation of the North German Union, 10 questions were 1 lb., 365-366. 2 1 D. C, 1783-'89, 597. HF.E. F., 54. " 8 Op. At.-Gen., 417. 6 H.E. Doc. 2, 1st Sess. 29th Coug.,15. 6 13 St. at L., 121. T 12 Op. At.-Gen., 463. 8 F.R., 1870, 217. 9 lb. 10 S. E. Doc. 9, 2d Sess. 40th Cong. 1068 NOTES PRUSSIA. arising with Prussia, respecting the compulsory enlistment iu the Prussian army of persons who had become naturalized as citizens of the United States. 1 These questions were intended to be set at rest by the Treaty of Naturalization with the North German Union. 3 Some doubts still remaining as to the proper construction of that Treaty, Prince Bismarck said, in the Diet, "The gentleman who has last spoken fears that a person who has lived five years in America, and been naturalized there, may yet, on his return here, be held to military duty. This ap- prehension I can designate as perfectly and absolutely unfounded. The literal observation of the Treaty includes in itself that those whom we are bound to acknowledge as American citizens cannot be held to military duty in Nortli Germany. That is the main purpose of the Treaty. Whosoever emigrates bona fide with the purpose of residing permanently in America shall meet with no obstacle on our part to his becoming an American citizen, and his bona fides will be assumed when he shall have passed five years' in that country, and, renouncing his North German nationality, shall have become an American citizen." 3 RUSSIA. The unbroken good relations between Eussia and the United States happily furnish little material for " Notes!" The correspondence which was transmitted to the Senate with the Convention of 1824 may be found in volume 5 of the Folio Edition of the Foreign Relations, pages 432 to 471. Eussia, Great Britain, and the United States were each claimants of an indefinite coastline on the Pacific south of latitude 56°. The claims of Eussia, which extended to the high seas, are thus stated in John Quincy Adams's instructions to Henry Middleton : " The pretensions of the Imperial Government extend to an exclusive territorial jurisdiction from the forty-fifth degree of north latitude on the Asiatic ("oast, to the latitude of fifty-one north on the "Western Coast of the American Con- tinent, and they assume the right of interdicting the navigation and the fishery of all other nations to the extent of one hundred miles from the whole of that coast. The United States can admit no part of these claims. 4 * They can in no wise admit the right of Eussia to exclusive territorial possession on any part of the Continent of North America south of the 60th degree of North latitude. They will maintain the right of their citizens, enjoyed without interruption since the establishment of their independence, of free trade with the original natives of the Northwest Coast throughout its whole extent." 5 The negotiations under these instructions were delayed under the 1 S. E. Doc. 38, 1st Sess. 36th Cong. ; President's message May 2, 1860. 2 Ante, 638. a S. E. Doc. 51, 2d Sess. 40th Cong. ■> 5 F. R. F., 436. » lb,, 446. NOTES PRUSSIA-SIAM. 1069 supposition that Great Britain would take part in them. When Middle- ton had reason to suppose that separate negotiations were to take place between Great Britain and Eussia, he made known to both sides the territorial rights of the United States. 1 Soon after that he began his negotiations with Nesselrode. At the first interview he found him, " as well disposed to treat with us as ever." 2 In less than two months from the beginning of the negotiations the Convention was signed. 'The fourth article of this Treaty was to remain in force for ten years. At the expiration of that time the Bussian Minister at Washington gave notice to the Secretary of State that American sea-captains were infringing upon what Eussia regarded as her rights, and suggested that " the American public should be informed of the actual state of the relations on this subject," adding that he had been "ordered to in- vite the Government of the United States to take the most suitable measures with regard to it." 3 Mr. Forsyth instructed negotiations to be opened at St. Petersburg for the purpose of an indefinite extension of the Treaty ; but they proved to be fruitless. Nesselrode closed them by saying that it was " impossible for thelmperial Government to accede to the proposition. * The renewal of the fourth article could hardly contribute to extend, in a reciprocally useful manner, the commercial relations between Eussia and the United States of America ; or, by consequence, answer the constant solicitude of the Imperial Government to cement more and more, and in a mutual interest, the friendly intelligence which it is always happy to cultivate with the Government of the Union." 4 These questions were set at rest by the cession of Alaska. The Treaty was communicated to Congress on the 6th of July, 1867, with a request for necessary legislation. 5 The steps taken in the actual transfer of the ceded. territory are set forth in the President's Message of January 27, 1868. 6 A copy of the Treaty of cession, and of the correspondence re- lating to it, and other correspondence, with " information in relation to Eussian America," including Mr. Sumner's speech, was communicated to the House on the 17th of February, 1868. 7 The subject of the appropriation to carry out this Treaty was dis- cussed at length in the House. 8 The Chairman of the Committee on Foreign Affairs reported in favor of it. 9 The act was at last passed on. the 27th of July. 10 SIAItt. The first Treaty with Siam was concluded by Edmund Eoberts, al- ready alluded to, who, on the 27th of January, 1832, was made the Agent 'lb., 458. sib. »S. E. Doc. 1, 3d Sess. 25th Cong., 25-26. ■'lb., 70. «S. E. Doc. 17, 1st Sess. 40th CoDg. 1 F. E. F., 533. 3 lb., 534. 3 Ib. "lb., 535. 5 lb. 6 Ib., 540. 'Art. 21, lb., 549. 8 Annals 1st Seas. 4th Cong., 821. 9 1 St. at L., 459 ; see also 2 St. at L., 314. I0 2 F. E. F., 20-27, 66-77. 68 1074 NOTES — SPAIN. can produce at New Orleans, and reclamations were made upon Spain for losses suffered from this cause, and also for maritime spoliations be- fore the Peace of Amiens. The House of Representatives on the 17th of December, 1802, called for "such papers as are in the possession of the Department of State, as relate to the violation on the part of Spain of the Treaty of Friend- ship, Limits, and Navigation, between the United States of America and the King of Spain." 1 The President complied with this on the 22d of the same month. 2 On the following January President Jefferson submitted to the Sen- ate a Treaty, which had been concluded at Madrid, for the settlement of a portion of these claims. 3 A class of spoliations by French vessels which Spain contended were properly chargeable to France, were ex- cluded from the operation of this Treaty. This induced the Senate to defer consenting to its ratification. At first they rejected it, but im- mediately reconsidered the vote, and resolved to postpone its considera- tion. 4 At the next session the Senate gave its assent ; 5 but mean- while Louisiana had been acquired, and Congress, in extending the cus- toms laws over the ceded territories, had enacted that the President be authorized, " whenever he shall deem it expedient, to erect the shores, waters, and inlets of tbe bay and river of Mobile * into a separate district." 6 Robert Livingston and Monroe had written from Paris to the Secre- tary of State shortly after the cession : " We are happy to have it in our power to assure you that, on a thorough examination of the subject, we consider it incontrovertible that West Florida is comprised in the cession of Louisiana.'" This provision of the statute was intended to enable the President to assert a claim of jurisdiction conformable to their views of the rights of the United States. Spain objected at first to the Treaty of 1803, 8 but finally withdrew her objection, and New Orleans and the posts west of the Mississippi were given up. 9 But when the act authorizing the establishment of a customs district at Mobile became known in Madrid, the King refused to ratify the Treaty of 1802, unless the objectionable act was either re- pealed or modified by a declaration that it was not intended to question the sovereignty of Spain over the bay of Mobile. Monroe was sent from London to Madrid on a special mission, and conducted the negotiations jointly with Pinckney. A long correspondence ensued, in the course of which each party re- ferred to Talleyrand for his understanding of the extent of the cession. Talleyrand said: "Spain retroceded to France the territory only which she had received from her. The rights of France have been since 1 Annals 2d Sees. 7th Cong., 281. 2 lb., 920 ; 2 F. K. F., 469. '2F.B. F., 475. 4 Annals 2d Sess. 7th Cong., 270. 6 For further documents relating to it see 2 F. B. F., 596. 6 2 St. at L., 254. ' 2 F. E. F., 564. 8 lb., 569. 9 lb., 583. NOTES SPAIN. 1 075 passed to the United States, and it was only with the same extent that she had acquired them. * His Majesty having no pretensions but to the territory situated to the west of the Mississippi, and of the river Iberville, * he did not cede any other to the United States." 1 This statement was not accepted by the American Government. The nego- tiations were closed without result on the 18th of May, 1805. The American negotiators said: " We perceive, with regret, that the proposi- tions which we had the honor to make to His Catholic Majesty, on the part of our Government, on the 12th inst., for the adjustment of the several points depending between the United States and Spain, have been absolutely rejected." 2 Monroe's passport was then given him, and he took his leave. The Supreme Court was afterwards asked to reverse this decision of the political department of the Government respecting the limits of the cession, but declined to consider the question. 3 In the year 1808 " direct and official relations " between Spain and the United States were broken off. 4 It soon became desirable that the United States should assert their title to West Florida by occupation, and in a proclamation dated October 27, 1810, President Madison, after setting forth the reasons which induced the act, directed possession to be taken of the territory south of the Mississippi territory, and eastward of the Eiver Mississippi, and extending to the Eiver Perdido. 5 This occupation continued and was in existence when diplomatic relations were resumed after the wars of Napoleon; but before the resumption, the Spanish-American wars of independence had broken out. The undoubted sympathy with this movement in different parts of the United States, and the aid which was surreptitiously afforded from some places in violation of law, and in spite of the vigilance of the Government, induced reclamations on the part of Spain in 1815, when diplomatic relations were resumed. Monroe, then Secretary of State, replied by re-asserting the reclamations of the United States, and by re- opening the question of limits and boundaries, which the parties had been unable to adjust at Madrid. 6 A long correspondence ensued, conducted partly in Madrid and partly in Washington, and extending over into the next administration. 7 It resulted in the Treaty of 1819. But, only two months before this was signed, the suspended Treaty of 1808, having been ratified by Spain, was proclaimed by the President. 8 An act had been passed in 1804 to carry this Treaty into effect, which became opera- tive for the two months only. 9 The Spanish ratification was withheld from the Treaty of 1819, as it had been from the Convention of 1802. They required " as the condi- tion of the ratification of the Treaty, that the United States should abandon the right to recognize the revolutionary colonies in South 1 lb., 659. » lb., 667. « Foster et al. vs. Neilson, 2 Peters, 306. « 4 F. R. F., 422. " 11 St. at L , 761. e 4 F. R. F., 424-426. » lb., 422-626. 3 lb., 407. » 2 St. at L., 270. 1076 NOTES — SPAIN. America, or to form other relations with them." 1 In this emergency " the Governments of France and Russia * expressed an earnest de- sire that the United States would take no steps, for the present, on the principle of reprisal, which might possibly tend to disturb the peace be- tween the United States and Spain." 2 The President was enabled, on the 13th of February, 1821, to commu- nicate the ratification by Spain to the Senate. 3 The time for the ex- change of ratifications had expired, but the Senate resolved to consent to and advise the President to ratify it, 4 and the ratifications were ex- changed on the 22d of February, 1821. For correspondence on this sub- ject, see vol. 4 Fol. Ed. For. Eel., pp. 650-703. This Treaty gave the Floridas to the United States, and gave the Sabine as the western boundary of Louisiana ; it contained a mutual renunciation of claims, and the United States undertook to satisfy the claims of their own citizens to the extent of five millions of dollars. On the 3d of March, 1821, an act was approved authorizing the Presi- dent to take possession of Florida, and establishing a commission for the proof of the claims named in the 11th article, 5 and on the 24th of May, 1824, an act was approved authorizing the creation of a stock to meet the awnrds. 6 It turned out that the sum named in the Treaty, $5,000,000, was not enough to pay all the awards. 1 The records and papers of the commission, after the awards were made, were deposited in the Department of State. Attorney-General Taney held that they ought not to be given up to claimants. 8 General Jackson took possession of the ceded country, and as Gov- ernor of the Floridas, he issued an ordinance for carrying out the pro- visions of the 6th article, relating to the admission of the inhabitants of the ceded territory to all the privileges, rights, and immunities of citi- zens of the United States. 9 On the 3d of March, 1843, Congress passed an act to carry into effect the 9th article of this Treaty. 10 The Judges of the Superior Courts, es- tablished at Pensacola and St. Augustine, were authorized to adjust the amounts of the claims referred to in that article, and the Secretary of the Treasury was empowered to pay Ihe respective amounts adjudged. The attempts made to extend the operation of this article are shown in the cotemporaneous documents. 11 It has beeu held by several Attorneys-General, and may now be re- garded as settled, that the conclusions of the Superior Courts of Pen- sacola and St. Augustine are not binding upon the Secretary of the Treasury ; but that they are subject to review by that officer. 12 The same series of opinions holds that the decisions of Mr. Woodbury, Secretary of the Treasury, and of his successors, that interest is not allowable on such 1 Annals 1st Sess. 16th Cong., 679. 'Annals 1st Sess. 16th Cong. 1688. 3 4 F. E. F. ; 650. * lb., 703. s 3 St. at L., 637. * 4 lb., 33. ' 5 F. E. F., 798. « 2 Op. At.-Gen., 515. s Annals 1st Sess. 17th Cong., 2550. 10 3 St. at L., 768. " 5 F. E. F., 829, and 6 lb., 741. »* 3 Op. At.-Gen., 677, Legaie" ; 4 lb., 286,. Nelson ; 5 lb., 333, Crittenden; 6 lb., 533, Cushing. NOTES SPAIN. 1077 claims, is to be regarded as decisive, and binding upon bis and their successors. Mr. Pish referred the subject to Congress, 1 saying that " it is a practical necessity to await further legislation by Congress before any action can be taken." 2 Attorney-General Cushing held that the extraordinary expenses of a person incurred in living in St. Mary's, whither he retired after the de- struction of his property in Florida, are a matter too remotely conse- quential to be the proper subject for damages under this article. 3 Attor- ney-General Grundy held that under this article the United States were bound to pay Spanish inhabitants of Florida the value of slaves car- ried away or killed by troops of the United States shortly prior to the conclusion of the Treaty. 4 The aggressions on the commerce of the United States in the wars between Spain and her revolted colonies continued to give rise to claims against that Power. The nature of these claims is described by Mr. Van Buren in his instructions of October 2, 1829, to Mr. Van Ness, the Minister to Madrid. 5 He instructed Van Ness to secure either the pay- ment of a gross sum in full satisfaction, or the appointment of a mixed Commission. The negotiations extended through a period of between three and four years. At first Spain declined to recognize liability, but after the death of Ferdinand it was agreed that Spain was liable, and that the United States should receive in full satisfaction twelve millions of rials vellon, in inscriptions, the interest at five per cent., to be pay- able in Paris. 6 This agreement was carried out in the Convention of 1834. When the bill to carry this Treaty into effect came before the House, Mr. Cushing said " that he desired to avail himself of this occasion to express his strong sense of the justice and honor exhibited by the Gov- ernment of Spain, in the Treaty of which this bill was the consumma- tion. In the midst of national calamities, which she met with her characteristic fortitude, with a deadly civil war raging in her bosom, and weighed down with financial embarrassments, Spain has acknowl- edged and satisfied the claims of our citizens, in a spirit of manly promptitude and frankness, strikingly contrasted with the conduct of some other European Powers in similar matters." 7 The act was passed June 7, 1836, 8 and its operation was afterwards extended for a limited time. 9 The long continuance of the internal condition described by Mr. Cushing, caused a suspension of payments due under this Treaty. In his message to Congress of December 7, 1841, President Tyler said, "The failure on the part of Spain to pay, with punctuality, the interest due under the Convention of 1834, for the settlement of claims between the two countries, has made it the duty of the Executive to call the par- 1 H. M.Doc. 131, 2d Sess. 42d Cong. 3 lb., 6. » 6 Op. At.-Gen., 530. * 3 lb., 391. » S. E. Doc. 147, 2d Sess. 23d Cong., 3-12. • lb., 90-92. » 12 Debates, 26S1. » 5 St. at L.,34. X 179. 1078 NOTES SPAIN. ticular attention of that Government to the subject. A disposition has been manifested by it, which is believed to be entirely sincere, to fulfil its obligations in this respect, so soon as its internal condition and the state of its finances will permit." 1 " Mr. Buchanan, when Secretary of State, agreed to receive an annual payment of $30,000 at Havana in full of the interest of the principal provided for by the Convention, less fifteen hundred dollars for what was called prompt payment. * When the payment of 1862 was about to be made, the question arose whether it should be demanded in coin, or whether we were bound by the act of Congress of the 25th of February, 1862, to accept the same iu current money of the United States. The latter alternative was reluctantly acceded to." 2 Many and delicate questions arose between the United States and Spain during the years that elapsed between the Treaty of 1834 and the outbreak of the insurrection in Cuba in 1868 ; questions which taxed the skill and forbearance of statesmen on both sides. But they did not con- cern the construction or the operation of existing Treaties between the two Powers. In contending with this insurrection, the Government of Spain con- ceived it necessary to issue decrees suspending the right of alienating property, and embargoing the property of some citizens of the United States, who were suspected of being connected with the insurgents. Mr. Fish called attention to the fact that the enforcement of such de- crees against citizens of the United States* and their properties might be regarded as violations of the 7th article of the Treaty of 1795. As had been foreseen, many complaints arose, which, on the 9th of June, 1870, Mr. Fish brought to the attention of the Spanish Minister in Washington, saying, "It appears to the President that the sweeping decrees of April, 1869, have beenput in operation against the properties of the citizens of the United States, iu violation of the Treaty agreement that such property should not be subject to embargo or detention for any public or private purpose whatever. * It is understood that the citizens of the United States whose properties have been thus forcibly taken from them have not been allowed to employ such advocates, so- licitors, notaries, agents, and factors as they might judge proper; on the contrary, as this Government has been informed, their properties have been taken from them without notice, and advocates, solicitors, notaries, agents, or factors have not been allowed to interpose in their behalf. * * The undersigned has also received representations from several citizens of the United States, complaining of arbitrary arrest) and of close incarceration without permission to communicate with their friends, or with advocates, solicitors, notaries, agents, and factors, as they might judge proper. * In some cases, also, such arrests have been followed by military trial, without the opportunity of access to advocates * Globe, 2d Sess. 27th Cong., 5. 2 Seward to Gray, Oct. 7, 1864, MS. Dept. of State. NOTES — SWEDEN-VENEZUELA. 1079 or solicitors, or of communication with witnesses, and without those personal rights and legal protections which the accused should have enjoyed. * * What has been already done in this respect is unhap- pily past recall, and leaves to the United States a claim against Spain for the amount of the injuries that their citizens have suffered by rea- son of these several violations of the Treaty of 1795." 1 The subject was referred to Madrid, where, after some correspondence, the agreement of February 12, 1871, was concluded. Under this agreement the United States presented a claim, on behalf of a person who had declared his intention to become a citizen, but had not yet become one. The Spanish agent objected that it did not come within the scope of the Treaty. The two national commissioners being unable to agree upon this question, it was referred to the umpire, Baron Lederer, by whom it was decided adversely to the United States. SWEDEN. The Treaty of April 3, 1783, was concluded with Sweden by Dr. Franklin as American Plenipotentiary, on the request of that Power. On the 12th of August, 1782, he writes from Passy to Eobert Living- ston: "All ranks of this nation appear to be in good humor with us, and our reputation rises throughout Europe. I understand from the Swedish Ambassador that their Treaty with us will go on as soon as ours with Holland is finished; our Treaty with Prance, with such im- provements as that with Holland may suggest, being intended as the basis." 2 On the 17th of December he writes: "The Swedish Ambassa- dor has exchanged full powers with me. I send a copy of his herewith. We have had some conferences on the proposed plan of our Treaty, and he has dispatched a courier for further instructions respecting some of the articles." 3 On the 7th of March, 1783, he writes Livingston : " I can only send you a line to acquaint you that I have concluded the Treaty with Sweden, which was signed on Wednesday last. * * It differs very little from the plan sent me ; in nothing material." 4 The Treaty in fact bears date April 3, 1783. VENEZUELA. The Treaty of January 20, 1836, was terminated pursuant to notice of a decree of the President of Venezuela, which was communicated to the Secretary of State by the Secretary of Foreign Affairs of Venezuela, in compliance with the Treaty, in the following language : " The under- 1 S. E. Doc. 108, 2d Seas. 41st Cong., 240-341. 2 2 D. C., 1776-1783, 359. 3 lb., 405. 4 lb., 418. 1080 NOTES VENEZUELA. signed, Secretary of State for the Department of Foreign Eelations of the Eepublic of Venezuela, has the honor to inform the Hon. Secretary of State and Foreign Eelations of the Government of the United States, that the period stipulated for the duration of the Treaty of Peace, Amity, Navigation, and Commerce, concluded on the 20th of January, 1836, rati- fied by the United States and by Venezuela, respectively, on the 20th of April, and 25th of May, of the same year, and of which the ratifica- tions were exchanged in this city on the 31st of the last-named month, has expired on the 31st of May of the year last past, and the under- signed has received orders and instructions from the President of this Eepublic to notify the Government of the United States, as required by the 34th article, 1st section, of the said Treaty, that from and after the date of the receipt of this notice will begin the period of one year, at the end of which the Treaty will cease to have effect in all that relates to Commerce and Navigation. H. E. the President has published the order which causes this communication, and has expressed his will that the Treaty should cease, in a decree issued on the 4th of the last month, of which the undersigned Secretary has the honor of send- ing herewith a certified copy." 1 Mr. Clayton, the Secretary of State, responded on the 5th of January, 1850, as follows: "The undersigned, Secretary of State of the United States, has the honor to acknowledge the receipt of the note addressed to this Department by His Excellency the Minister of Foreign Affairs of the Eepublic of Venezuela, under date the 5th of November last, accompanied by a copy of a Decree of the President of that Eepublic, and expressing a wish that the existing Treaty between the United States and Venezuela, in all those parts relative to commerce and navi- gation, should terminate within a year from the receipt of that note ; conformably to the tenth paragraph of the thirty-fourth article of the Treaty. The note referred to having been received at this Department on the third instant, the stipulations of the Treaty to which it applies will consequently cease to be binding on either government on and after the third of January next." 1 In 1859 a claims convention was made for the settlement of what were known as the Aves Island claims. For the correspondence respecting these claims, see Senate Ex. Doc. 25, 3d Session 34th Congress. The last payment was made by Venezuela on the 12th of September, 1864, to "H. S. Sanford, attorney-in-fact for the creditors," who "acknowl- edged to have received from the government of Venezuela through the General Credit and Finance Company of London, full satisfaction of the dues under the convention made at Valencia on the 14th January, 1859, between the United States and the republic of Venezuela, and known as the Aves Convention," and "in behalf of the creditors under said convention relinquished all claims upon the government of Venezuela 1 MS. Dept. of State. NOTES WURTTEMBERG. 1081 in virtue of the same, or of the convention of 5th June, 1863, hypothe- cating for its benefit the export dues of certain ports of Veuezuela." 1 The Treaty of Amity, Commerce, Navigation, and Extradition, of 1860, was terminated by notice from the Minister of Venezuela, as fol- lows: "The Congress of the United States of Venezuela passed, on the 18th of May last, a law directing the Executive to notify nations with which Venezuela had treaties whose term had expired of such expiration This is the case with regard to the Treaty of Friendship, Commerce, Navigation, and Extradition, made August 27, 1860, for a term of eight years, counting from the time of the exchange of ratifications, which has expired by reason of the said exchanges having taken place at Caracas, August 9, 1861. "In accordance, therefore, with the provisions of the law, I have the honor to make, by the present communication, and in the name of my Government, the notification provided for in respect to the said Treaty, in order that the due effect may be reached, and that the compact may cease to be obligatory in one year after the making of this declaration, as was agreed in article 31st of the same." 1 To this Mr. Fish replied : " I have the honor to acknowledge the re- ceipt of your communication of the 22d instant, by which, pursuant to instructions received from your Government, you give the official notifi- cation to the United States of the intention of Venezuela, as stipulated in the 31st article of the Convention of 1860 between the United States and Venezuela, to arrest the operations of said Convention twelve months from the date of said notification." 1 The Commissioners provided for by the claims convention of 1866 were duly appointed, and after examination made awards against Vene- zuela to a large amount. When the day of payment came, Venezuela charged that the proceedings had been so irregular as to vitiate some of the awards, The United States suspended proceedings and asked for specific statements and proof. After a delay of over a year Vene- zuela replied to the demand. The reply was laid before Congress. Congress did not act at that session, but a subsequent Congress enacted, "that the adjudication of claims by the Convention with Vene- zuela of April twenty-fifth, eighteen hundred and sixty-six, * is hereby recognized as final and conclusive, and to be held as valid and subsisting against the Republic of Venezuela." 2 WURTTEMBERG. " By a statute of Louisiana, it is provided that ' each and every per- son not being domiciliated in this State, and not being a citizen of any 'MS. Dept. of State. U7 St. at L., 477. See S. E. Doe. 5, 1st. Sees. 41st Cong.; S. M. Doc. 162, 2d Sess 41st CoDg.. ; H. E. Doc. 176, 2d Sees. 41st Cong.; H. R. 79, lb. 1082 NOTES— WUKTTEMBERG. other State or Territory in the Union, who shall be entitled, whether as heir, legatee, or donee, to the whole or any part of the succession of a person deceased, whether such person shall have died in this State or elsewhere, shall pay a tax of ten per cent, on all sums, or on the value of all property, which he may have actually received from such succes- sion, or so much thereof as is situated in this State, after deducting all debts due by the succession.' " It was claimed that this statute was in contravention of the third article of the Treaty of 1844 with Wiirttemburg, when applied to the case of a native of Wiirttemberg, naturalized in the United States and residing and dying in New Orleans, leaving legatees who resided in Wiirttemberg; but the Supreme Court of the United States held that the Treaty " does not regulate the testameutary disposition of citizens or subjects of the contracting powers in reference to property within the country of their origin or citizenship. The case of a citizen or subject of the re- spective countries residing at home, and disposing of property there in favor of a citizen or subject of the other, was not in the contemplation of the contracting powers, and is not embraced in this article of the Treaty." 1 The Oonsul-General of Wiirttemberg, under instructions from his gov- ernment, complained of the taxes which were levied in conformity with this decision, and " suggested a modification of the Treaty such as would hereafter preclude construction of its provisions prejudicial to His Maj- esty's subjects." 2 Mr. Seward answered that he saw no objection to entering into negotia- tions for that purpose, and asked whether Mr. Bier with held a power from his government to conclude a Treaty. 3 Mr. Bierwith did not : and instead of receiving such a power he was instructed " to obtain from the Government of the United States, in a form binding on the Supreme Court, a declaration of the meaning of article 3 of the Treaty such as will oblige the Court to abandon its idea concerning the force of the Treaty." 4 To this latter proposal Mr. Fish replied, (referring to the decision of the Supreme Court :) " To this decision, until removed by the same high au- thority, the President is bound by the Constitution to submit ; nor can he, by any declaration, or by anything short of a modification of the Treaty itself, (made with the advice and consent of the Senate,) such as was originally suggested by you, and assented to by my predecessor, meet the views of His Majesty's government." 5 1 Frederickson vs. Louisiana, 23 Howard, 445. 2 Mr. Bierwith to Mr. Fish May 26, 1869, MS. Dept. of State. 3 Ib. 'lb. 6 Mr. Fish to Mr. Bierwith, June 7, 1869. ' INDEX TO THE TREATIES. I. Analytical Index. — Being an index of the subjects referred to in the several trea- ties and conventions, arranged alphabetically, with references to the Synoptical Index. II. Synoptical Index. — Containing the titles of the several treaties and conven- tions, and a synopsis of their respective contents taken from the marginal abstracts on the text, arranged in the order in which they stand in the text, corrected by add- ing, in their proper order the treaties printed in the appendix. This index shows, in respect of each treaty, so far as it is possible to give the information, the dates of (1) its conclusion ; (2) the action of the Senate upon it ; (3) its ratification by the President; (4) the exchange of ratifications ; (5) its proclamation by the President. L— ANALYTICAL INDEX. [The following treaties, which have expired by their own limitation, viz, Columbia 1824, France 1800, Morocco 1787, Prussia 1785 and 1799, except as revived in 1828 ; Sweden 1783, except as revived in 1827, and Sweden and Norway 1816 ; the following treaties which have been terminated by notice given in accordance with their respec- tive terms, viz, Belgium 1845, Chili 1832 and 1833, Great Britain 1854, Peru 1851 and 1857, and Venezuela 1836 and i860 ; the following treaties, which have become obsolete by reason of the annexation of the other contracting country to the United States, viz, Texas 1838, two treaties; and the following treaties which have become obsolete by reason of the dissolution ot the federation with which they were made, viz, Central America 1825, and Peru-Bolivia 1836, are not referred to in the Analytical Index. Abtsracts of their respective contents will be found in the Synoptical Index.] i A. Alabama Claims : treaty for settlement of, 413. Alaska. [See Synoptical Index, title " Russia."'] treaty for cession of, 741. Algiers. [See "Duties," " Vessels," Notes, title " Abrogated, suspended or obsolete treaties," and Synoptical Index.~\ Algeriues shall not sell vessels of war to enemies of the United States, 10. Alienage;. [See " Real estate."] not to affect titles to certain lands (Great Britain, 1794), 324. Alliance. treaty of, with Prance, 241 ; neither party shall make peace without the other's con- sent, 242 ; reservation to Spain of right to participate in it, 254. Amazon River. [See " Navigation."} Anchorage Dues. [ See '■ Reciprocal commercial agreements."] Arbitration. [See " Claims."] for settlement of differences with Great Britain regarding indemnity for slaves under the treaty of Ghent, 355; award respecting the same, 360; for the settlement of the northeastern boundary, 366; of the Alabama claims, 413; with Great Britain of the claims growing out of the rebellion, 418 ; respecting the fisheries under the treaty of Washington, 420; of the northwest water boundary, 426 ; by the Dey of Algiers of disputes with Tripoli, 838. Argentine Confederation. [See Synoptical Index.] Arson. [See "Extradition."] Assassination. [See " Extradition."] Assault. [See " Extradition."] Asylum. [See " Reciprocal commercial agreements," title " Wrecks and shipwrecks."] vessels and citizens seeking asylum by reason of stress of weather to be treated with humanity, and shall be allowed to repair and depart — Bolivia, 83; Brazil, 96; Columbia, (New Grenada) 180; Ecuador, 230; France, 250 (obsolete); Guatemala, 438; Hayti, 478; Mexico, 547; Morocco as to United States vessels, 595; Netherlands, 612 (obsolete) ; Nicaragua, 632; Portugal, 701; Prussia, 720; San Sal- vador, 747; Sardinia, 758 ; Spain, 778 ; Sweden (see Sweden and Norway), 806. to be exempt from the payment of duties on vessel or cargo unless entered for con- sumption—Hawaiian Islands, 472 ; Morocco (as to American vessels), 595 ; Sardinia, 758. to be subject to no duties or charges except pilotage, unless remaining longer tban forty-eight hours in port — Columbia (New Grenada), 180. unloading and reloading not to be considered an act of commerce — Sardinia, 758; Two Sicilies, 868. vessels seekiug asylum to be treated as national vessels — Sardinia, 757 ; Two Sicilies, 868. shelter shall not be given in ports of one power to enemies of the other power who have captured prizes from the other at sea— France, 249 ; Great Britain, 331. consulates not to be used as asylums— Germany, 303; Italy, 497. Aubaink. droit DB. [See " Personal property," " Real estate."] abolished by treaty with Bavaria, 51; France, 247 (obsolete); Hesse, 486; Nassau, 605; Saxony, 762; Wflrtemberg, 898. 1086 ANALYTICAL INDEX. Austria and Austro-Hungary. [See Synoptical Index.] Average Dues or Charges. [See " Reciprocal commercial agreements."] Award. [See "Arbitration."] B. Baden. [See Synoptical Index.] Barbary Powers : The United States to be aided in forming treaties with — France, 246 ; Netherlands, 6"13. Base of Operations : a neutral port not to be made a, Great Britain, 416. Bavaria. [See Synoptical Index.] Belgium: [See Synoptical Index and notes, title "Abrogated, suspended, or obsolete treaties."] treaty of commerce with, of 1845, terminated by notice, 58. Belts Dues. {Danish.) [See " Sound dues."] Bermudas : if conquered to become part of the United States — France, 242. Blockade : [See " War."] to be effective must be by a force capable of preventing the neutral's entry. Brazil, 99 ; Ecuador, 233 ; Guatemala, 441 ; Italy, 507 ; Mexico, 550 ; New Grenada, 183 ; San Salvador, 750 ; Two Sicilies, 864. vessels arriving at a blockaded port in ignorance of the blockade are to be turned away without confiscating any of the cargo, not contraband ; and are not to be seized unless they again attempt to enter — Bolivia, 86; Brazil, 99; Great Britain, 328 (obsolete); Columbia (New Grenada), 183; Dominican Republic, 221 ; Ecua- dor, 233; Guatemala, 441; Hayti, 479; Italy, 507; Mexico, 550; San Salvador, 750. vessels arriving at a port supposed at the time of departure to be blockaded, shall not be captured and condemned for an attempt to enter, unless on proof that they did or could have learned of the continuance of the blockade ; but an attempt to re-enter after warning will subject them to condemnation — Greece, 435 ; Prussia, 727 ; Sweden and Norway, 820 ; Sardinia, 758 ; Two Sicilies, 864. vessels in port before the establishment of the blockade are to be permitted to depart with their cargoes — Bolivia, 86 ; Brazil, 99 ; Columbia (New Grenada), 183; Dominican Republic, 221 ; Ecuador, 233 ; Great Britain, 328 (obsolete) - ; Guate- mala, 441 ; Hayti, 479 ; Italy, 507 ; Mexico, 550 ; San Salvador, 750. a cargo taken on board after the establishment of the blockade •must be first dis- charged — Brazil, 99 ; Italy, 507. Bolivia. [See Synoptical Index.] Bombay, Trade with (obsolete), 346. Borneo. [See " Consuls," Synoptical Index.] citizens of the United States may acquire property in Borneo and be protected there, 92 ; shall have complete liberty of import and export, subject only to customs, 92; charges and duties in Borneo limited to one dollar per ton, 93; no export duties in Borneo, 93 ; United States ships of war are free to enter ports of Borneo and obtain supplies, 93 ; provisions as to wrecks, 93. Boundaries of the United States. [See Synoptical Index, titles "France, Great Britain, Spain, Mexico."] acquisition of Louisiana (France), 275 ; provisional articles with Great Britain, 1782, 309 ; definitive treaty with Great Britain, 1783, 315 ; treaty with Great Britain of 1794, as to the rivers Mississippi and Saint Croix, 321 ; treaty of peace with Great Britain, 1814, 339, 342 ; declaration of commissioners under the 4th article of the treaty of Ghent, 349 ; convention of 1818 with Great Britain, 351 ; decision of commissioners under the 6th article of the treaty of Ghent, 352 ; reference of the northeastern boundary to arbitration, 366 ; treaty of 1842 with Great Britain, 369 ; treaty of 1846 with Great Britain, 375 ; protocol with Great Britain ceding Horse Shoe Reef, 1850, 911; reference of the northwest water boundary to arbitra- tion, 426; protocol relative to northwest water boundary, 1873, (appendix,) 912; treaty with Mexico, 1828, fc>42 ; with the same, 1835, 556 ; with the same, 1848, 562 ; with the same, 1853, 575; treaty with Russia for the acquisition of Alaska, 741; treaty with Spain of 1795, 776 ; treaty with Spain for the annexation of Florida, 787. Bounties. [See " Reciprocal commercial agreements."] Brazil. [See notes, title "Abrogated, suspended, or obsolete treaties," Synoptical Index."] Bremen. [See Synoptical Index.] Brunswick and Luneberg. [See Synoptical Index.] Bravo River. [See "Navigation."] British Armies : to be withdrawn from the United States, 311, 317, 319. Brokerage Charges. [See " Reciprocal commercial agreements." ] amount of, in France limited by treaty of 1822, 288. Bkunshausen Dues. [See Synoptical Index, title " Hanover."] treaty for the abolition of, 458. ANALYTICAL INDEX. 1087 Buoys. [See " Reciprocal commercial agreements."} Burglary. [See " Extradition."] Burial. [See " Reciprocal privileges of citizens, fyo."] C. Calcutta, Trade {obsolete), 346. California. [See Synoptical Index, title " Mexico."] treaty for acquisition of, 562. Claifornia, Gulf of. [See "Navigation."] Canada, Canals of. [See "Navigation."] Canada, Transit of. [See "Reciprocal commercial agreements."] Captures. [See " War."] by pirates, of vessels, &c, of citizens of one party, to be restored when found within the jurisdiction of the other— Bolivia, 84; Brazil, 98 ; Columbia, (New Grenada), 180 ; Ecuador, 230 ; France, 249 (obsolete) ; Italy, 506 ; Great Britain, 329 (obso- lete) ; Guatemala, 438 ; Mexico, 547 ; Muscat, 603 ; Netherlands, 611 (obsolete) ; San Salvador, 747 ; Spain, 778 ; Sweden, (see " Sweden and Norway"), 804. same provisiou respecting vessels of one party, being neutral, captured by an enemy of the other and recaptured, Sweden, (see " Sweden and Norway,") 804. special provisions as to, in treaty with the Dominican Republic, 223, 224; with Prussia, 721. Central America. [See " Interoceanic communications" and Synoptical Index.] General convention with, terminated, partly by limitation and partly by dissolu- tion of the Federation, 108. Neither power will fortify, colonize, or assume dominion over — Great Britain, 377. Crtli. [See notes, title "Abrogated or suspended treaties ;" Synoptical Index.] China. [See "Consuls;" and note, title "Abrogated, suspended, or obsolete treaties ;" Sy- noptical Index.] Privileges of the diplomatic agents of the United States, 146; of their consular agents, 148; provisions regarding internal improvements in, 167; internal inter- vention in, disavowed, 167. commercial intercourse with, regulated by the treaty of 1858, 149 to 154. Citizens. [See "Extradition," "Naturalization," " Reciprocal privileges of citizens, 4~c."] election of settlers and traders under the treaty of 1794. Great Britain, 319. Claims, Treaties respecting: Brazil, 104; Chili, 129; China, 164; Columbia, 193, 195 ; Costa Eica, 202 ; Denmark, 210; Ecuador, 238; France, 279, 289; Great Britain, 321, 322, 323, 324, 336, 380, 402, 413; (appendix) 912; Mexico, 557,560; (appendix) 916; treaty of 1848, 574, 581; . Paraguay, 653 ; Peru, 673, 691, 693, 695 ; Portugal, 704 ; Spain, 782, 784, 795 ; Two Sicilies, 855 ; Venezuela, 883, 895; mutual renunciation of (Spain) 791; certain to be assumed by the United States. France, 279, 290 ; Spain, 792 ; agreement with Spain respecting, (appendix) 921. Clearance Dues. [See" Reciprocal commercial agreements."] Coasting Trade. [See " Reciprocal commercial agreements."] Definition of, in treaty with the Netherlands, 621. Colorado River. [See "Navigation."] Columbia River. [See "Navigation."] Columbia. [See notes, title "Abrogated, suspended, or obsolete treaties;" Synoptical Index.] United States of, represent the old republic of New Granada, 196. Commercial Agreements. [See "Reciprocal commercial agreements," " Brunshausen dues," " China," " Cottons," " Banish Colonies," " Dardanelles," " Discriminating duties," "Duties," "Import duties," "Light dues," "Pilotage," "Port dues," " Swiss confedera- tion."] Commission. [See "Letter of marque."] Confiscation. [See "Neutral vessels," "Reciprocal privileges of citizens," fyc] Congress will recommend the restitution of confiscated estates — Great Britain, 311 ; no confiscation after the treaty of 1782. lb., 311, 317. public funds are not to be confiscated in time of war— Paraguay, 659. Consular Jurisdiction. [See "Consuls."] Conquests. [See "Bermudas," "Mexico, Gulf of."] to be restored, Great Britain 312, 317. Consular Privileges. [See " Consuls."] Consuls, Treaties respecting : 1. Reciprocal Agreements: each party may establish consulates within the territories of the other— Argentine Confederation, 28; Austria, 39; Belgium, 74; China, 148,166; Algiers, 16 (obso- lete) ; Columbia (New Granada), 189 ; Costa Rica, 200 ; Denmark, 208 ; Dominican Eepublic, 225 ; France, 294, 253 ; Ecuador, 236 ; Germany, 302 ; Great Britain, 327, 347; Greece, 433; Guatemala, 443; Hanover, 448, 453 ; Mecklouburg-Schwerm,538; Oldenburg, 641; Hawaiian Islands, 471; Hayti, 483; Honduras, 493; Italy, 496; 1088 ANALYTICAL INDEX. Consuls, Treaties respecting — Continued. 1. Reciprocal Agreements— Continued. each party may establish consulates within the territories of the other — Continued. Liberia, 530; Nicaragua, 631 ; Orange Free State, 918 ; Paraguay, 658 ; Persia, 662 ; Madagascar, 533; Portugal, 702 ; Ottoman Porte, 643; Prussia, 726; Russia, 737; San Salvador, 753; Sardinia, 759; Spain, 782; Sweden and Norway ,818; Swiss Confed- eration, 830 ; Tripoli, 842 ; Tunis, 850 ; Two Sicilies, 869 ; Netherlands, 613 (obsolete). they may be established wherever any other power is permitted to maintain a con- sulate — Austria, 39 ; Belgium, 74; Colombia (New Granada), 189 ; Spain, 782. each power is to decide for itself where consulates may be maintained within its territories — Austria, 39 ; Bolivia, 89 ; Colombia (New Granada), 185, 189 ; Costa Kica, 200; Honduras, 493; Argentine Confederation, 28-9; Brazil, 102'; Ecuador, 236 ; Great Britain, 327, 347 ; Guatemala, 443 ; Italy, 496 ; Mexico, 552 ; Nicaragua, 631 ; Paraguay, 658 ; San Salvador, 753. they maybe established in ports open to foreign commerce — Brazil, 101; Bolivia, 89 ; Denmark, 208 ; Ecuador, 236 ; Hayti, 483 ; Mexico, 552; Colombia (New Gran- ada), 185 ; San Salvador, 753. sundry provisions respecting granting exequaturs — Austria, 40; Belgium, 74; Brazil, 102; Bolivia, 89; Colombia (New Granada), 186, 189; Costa Rica, 200 ; Denmark, 208; Ecuador, 236 ; France, 253, 261 (obsolete), 294 ; Germany, 302; Great Britain, 327 (obsolete), 347 ; Guatemala, 443 ; Hayti, 484 ; Honduras, 493 ; Italy, 496 ; Li- beria, 530; Mexico, 552; Nicaragua, 631 ; Orange Free State, 918; Paraguay, 658; Portugal, 702 ; San Salvador, 753 ; Swiss Confederation, 830 ; Two Sicilies ; respect- ing the withdrawal of exequaturs — Germany, 302 ; Great Britain, 347 ; Greece, 433 ; Sweden and Norway, 819; Colombia (New Granada), 189; Swiss Con federation, 831. consuls have no diplomatic character — Colombia (New Granada), 192. they are appointed for the protection of trade — Great Britain, 347; Liberia, 530; Nicaragua, 631 ; Ottoman Porte, 643 ; Paraguay, 658. provisions for the appointment of vice-consuls, consular agents, and other officers- Austria, 41 ; Belgium, 76 ; Colombia (New Granada), 191 ; France, 261 (obsolete), 295; Germany, 304; Italy, 497. who may act in the event of the incapacity, absence, or death of a consul — Austria, 41 ; Belgium, 75 ; France, 295 ; Germany, 303 ; Italy, 497.' in what cases consuls may a,pply to the local authorities— Austria, 41 ; Belgium, 76; Colombia (New Granada), 190; France, 295; Germany, 304; Greece, 433; Italy, 498. when they may apply to the government — Austria, 41 ; Belgium, 76 ; Colombia (New Granada), 190; France, 295; Germany, 304; Italy, 498. they may appear as the natural defenders of their countrymen — Colombia (New Granada), 190. they shall not give passports in certain cases — Colombia (New Granada), 192. the consuls-general of each power may travel freely in the territories of the other- Japan, 516. consuls shall enjoy the privileges of consuls of the most favored nations — Algiers, 16 (obsolete); Argentine Confederation, 29; Austria, 44; Brazil, 102; Colombia (New Granada), 185 ; Costa Kica, 200 ; Dominican Republic, 225 ; Ecuador, 236 ; France, 265 • (obsolete), 298; Germany, 302; Guatemala, 443 ; Hanover, 448, 453; Meckleuburg-Schwerin, 538 ; Oldenburg, 641 ; Hawaiian Islands, 471 ; Hayti, 483 ; Honduras, 493 ; Mexico, 552 ; Nicaragua, 631 ; Orange Free State, 918 ; Paraguay, 658 ; Persia, 662 ; Portugal, 702 ; Prussia, 726 ; Russia, 737 ; Sau Salvador, 753 ; Sar- dinia, 759 ; Spain, 782; Swiss Confedeiation, 830 ; Tripoli, 842 ; Two Sicilies, 869. consuls who are citizens of the state which appoints them are exempt from military billetings, and from military service — Austria, 40; Belgium, 74; France, 261 (obsolete), 294 ; Germany, 303 ; Italy, 496. consuls who are not citizeus of the country in which they reside are exempt from all public service — France, 261 (obsolete); Denmark, 208; Brazil, 102; Guate- mala, 444 ; San Salvador, 753 ; Colombia (New Granada), 188 ; Mexico, 552. consuls citizens of the state by which they are appointed shall be exempt from ar- rest, except for crimes — Belgium, 74 ; Italy, 496. consuls shall enjoy personal immunities — Austria, 40; France, 294: except that with France, if they are citizens of the country in which they reside, or owning property, or engaged in commerce, they can only claim the immunities of commer- cial agents, 294. they shall enjoy the privileges necessary for their functions — Belgium, 65; Great Britain, 327 (obsolete) ; in respect also of the deserters from the vessels, whether public or private, of their countries — Netherlands, 618; Ottoman Porte, 644 ; Swe- den and Norway, 819; Two Sicilies, 870: but they may be prosecuted for viola- tions of the laws of the country in which they reside — Sweden and Norway, 819 ; Portugal, 702. ANALYTICAL INDEX. 1089 Consols, Treaties respecting— Continued. 1. Reciprocal Agreements— Continued, not being citizens of the country in which they reside, they shall be exempted from imposts and contributions, except on account of the commerce and property to which citizens or inhabitants are subject — Bolivia, 89; Brazil, 102; Denmark, 208; Ecuador, 236; Germany, 303; Guatemala, 443 ; Hayti, 484; Colombia (New Granada), 186 ; San Salvador, 753 ; Mexico, 552. if they are citizens of the state which appoints them, and do not own real estate, and do not engage in business, they are to be exempt from all taxes — Austria, 40; Belgium, 74-5. they are to be exempt from duties and taxes, except on their estates, real and personal — France, 261 (obsolete), their official income is not subject to taxation — Germany, 303. they may establish a chancery — France, 262 (obsolete). their persons and dwellings are to be subject to the laws of the country, except as 1 specially exempted by treaty — Colombia (New Granada), 192. if tbey are in business they are to be subject to the laws of the country— Domini- can Republic, 225 ; Orange Free State, 918 ; Portugal, 702 ; Prussia, 726 ; Sardinia, 759 ; Two Sicilies, 869 ; Hawaiian Islands, 471 ; Russia, 737 ; Swiss Confederation, 830 : but in such case can be detained only for commercial debts — Austria, 40. ."if they are citizens of the country in which they reside they are to continue subject to its laws — Dominican Republic, 225; Italy, 496; Sardinia, 759; Two Sicilies, , 869. .they are to be independent of the state in which they reside in what concerns their functions — Colombia (New Granada), 192. they may employ their good offices in favor of citizens of another country where there is no consul of that country — Colombia (New Granada), 192. they are not required to appear in courts of justice as witnesses — France, 295 : ex- cept for defense of persons charged with crime — Austria, 40 ; Belgium, 75 ; Italy, 496. their testimony in other cases shall be taken at their dwellings — Austria, 40 ; Bel- gium, 75 ; Italy, 496. they shall be invited in writiug to appear in court, and if unable to do so their tes- timony may be requested in writing, or taken at their dwellings — France, 295 ; Belgium, 75 ; Italy, 497. when their testimony is required they are to be summoned in-writing — Colombia (New Granada), 192. they have the right to place the national arms and the name of the " consulate," " vice-consulate," as may be, on their offices — Austria, 40 ; Germany, 303 : or on their dwellings — Belgium, 75 : to place the national flag on their dwellings, except in places where there is a legation — Austria, 40; Belgium, 75 ; Germany, 303 ; Italy, ' 497: to place the arms, name, and flagon their office or dwellings — France, 294; Italy, 497 : to place the name and flag on their dwellings — Colombia (New Gran- ada, 192. the consular archives are to be inviolable — Austria, 41; Belgium, 75; Bolivia, 89; Brazil, 102; Colombia (New Granada), 192; Denmark, 208; Dominican Republic, 225; Ecuador, 236; France, 295; Germany, 303; Greece, 433; Guatemala, 444; Hayti, 484 ; Mexico, 553 ; Orange Free State, 918 ; Portugal, 702 ; Sardinia, 759 ; San Salvador, 753 ; Sweden and Norway, 819; Swiss Confederation, 831; Argentine Confederation, 29 ; Two Sicilies, 869. the consular offices and dwellings are to be inviolable— Belgium, 75; France, 295; Germany (of consuls not citizens), 303; Bolivia, 89; Italy, 497. what depositions and papers they may receive and verify— Austria, 41 ; Belgium, , 76 ; Colombia (New Granada), 190 ; France, 262 (obsolete), 295, 296, 297 ; Germany, 304; Italy, 498. their authority over vessels of their own country in the ports of the country in which tbey reside defined— Austria, 42 ; Belgium, 76; Colombia (New Granada,) 190; France, 295; Germany, 305 ; Italy, 498. they have a right to be notified of intended searches by customs officials, and to be present— Austria, 42 ; Germany, 305. they have jurisdiction over disputes between masters, officers, and crews ot national vessels— Austria, 36,42; Belgium, 76; Colombia (New Granada), 191 ; Denmark, 215 ; Dominican Republic, 225 ; France, 264 (obsolete), 296 ; Germany, 305 ; Greece, 433; Hanover, 448, 453; Mecklenburg-Schwerin, 538; Oldenburg, 641 ; Hanseatic Republic, 466 ; Italy, 498 ; Netherlands (what may be usual and necessary in re- spect of duties), 618; Portugal, 702 ; Prussia, 726; Russia, 737; Sweden and Nor- way, 819 ■ Two Sicilies, 869 : also of disputes between captains and officers of passen- ger steamships on the one hand, and passengers on the other— Italy, 499. they may arrest deserters from national vessels, and require aid from local authori- ties in doing so— Austria, 36, 43; Belgium, 76-7 ; Bolivia, 90; Brazil, 102, Colombia 69 1090 ANALYTICAL INDEX. Consuls, Treaties respecting — Continued. 1. Reciprocal Agreements — Continued. they may arrest deserters from national vessels and require aid from local authori- ties in doing so — Continued. (New Granada), 186, 191 ; Denmark, 215 ; Dominican Republic, 225 ; Ecuador, 236; France, 264 (obsolete), 297, 288 $ Germany, 306; Greece, 434; Guatemala, 444; Hanover, 448, 453 ; Mecklenburg-Schwerin, 538 ; Oldenburg, 641 ; Hanseatic Repub- lics, 465 ; Hawaiian Islands, 471 ; Hayti, 484 ; Italy, 499 ; Madagascar, 534 ; Mexico 553; Portugal, 702; Prussia, 727; Russia, 737; San Salvador, 753 ; Sardinia, 759 ; Spain, 793; Sweden and Norway, 819; Two Sicilies, 870 : but if the deserter has committed a crime against local law, the surrender will be delayed till after pun- ishment— Austria, 36, 43; Denmark, 216; Dominican Republic, 226 ; Greece,434; Hanover, 449, 454 ; Mecklenburg-Schwerin, 539 ; Oldenburg, 641 ; Hanseatic Re- publics, 465; Hawaiian Islands, 472; Portugal, 702; Prussia, 727; Russia, 737; Sardinia, 759 ; Sweden and Norway, 819; Two Sicilies, 870. they may adjust damages suffered at sea by vessels of their own country entering the port of their consulate, where there is no agreemen t to the contrary, and where the interests of the inhabitants of the country or of citizens of a third power are not affected— Austria, 43 ; Belgium, 77; Colombia (New Granada), 190 ; Germany. 306; Italy, 499. "' what powers they have in proceedings for salvage, and with wrecks — Austria, 43 ; Belgium, 77; Colombia (New Granada), 191 ; France, 263 (obsolete), 297 ; Germany 307 ; Hawaiian Islands, 472 ; Italy, 499 ; Two Sicilies, 869. they may act as judges in all disputes between their fellow-countrymen, as well as between all other persons who may be immediately under their protection — France, 265 (obsolete) ; Tunis, 850 ; they may act as arbitrators in differences between their countrymen — Colombia (New Granada), 190. they have a right to be present and assist at the trials of their countrymen charged with killing, wounding, or striking a citizen or subject of the other party — Tunis, 850. they have a right to be informed by the local authorities of the death of their coun- trymen intestate or without known heirs — Austria, 44 ; Belgium, 77 ; Germany, 304; Italy, 500. they have the right to appear for absent heirs or creditors until they are represented — Germany, 305. they have the right to be present at the taking of inventories of properties* of deceased countrymen — Two Sicilies, 866. they may administer upon the personal property of their countrymen deceased in- testate and without heirs; mode of proceeding — France, 262 (obsolete) ; Tunis, 850; except where legislation prevents it— Colombia (New Granada), 191. they may nominate curators to take charge of of such property so far as local laws permit — Costa Rica, 200 ; Honduras, 493 ; Nicaragua, 630. they may become temporary custodians of such property — Paraguay, 658 ; Two Sici- lies, 866. they may take charge of the effects of deceased sailors — Germany, 305. they may give bills of health and similar documents — Colombia (New Granada), 191. they shall not be officially responsible for the debts of their countrymen— Tunis. 850. 2. Agreements which are not reciprocal : the persons and houses of United States consuls to be inviolate — Muscat, 603. United States consuls are to have exclusive jurisdiction over crimes committed by American citizens in the territories of the other power — Borneo, 93 ; China, 136, 148 ; Japan, 518 ; Madagascar, 533 ; Morocco, 596, 597 ; Ottoman Porte, 644: [but this is disputed]— Siam, 768. they are to have exclusive jurisdiction over civil disputes hetween American citizens— Algiers, 12 (obsolete) ; Borneo, 93 ; China, 137", 153 ; Japan, 515 ; Mada- gascar, 533 ; Muscat, 603 ; Persia, 661 ; Siam, 768 ; Tripoli, 843. they have exclusive jurisdiction over civil disputes between an American citizen and a subject of the other power — Borneo, 93. they have jurisdiction jointly with officials of the country over controversies between American citizens and subjects of the other power — China, 153; Madagas- car, 534 ; Ottoman Porte, 644 ; Persia, 661 ; Siam, 768. privileges of an American consul in China, 148 ; of a Chinese consul in the United States, 166. the claims of Japanese against Americans to be prosecuted in the consular courts ; of Americans against Japanese in the courts of Japan, 519. oonsuls in Japan may require Americans twice convicted of felony to leave Japan, they may require the local authorities to aid in the arrest of deserters from ships, 520. ANALYTICAL INDEX. 1091 Consuls, Treaties respecting — Continued. 2. Agreements which are not reciprocal — Continued. United States consuls to assist in the trial of Americans killing or wounding Moors or Algerines,ori)icei;e»'sa — Morocco, 597: same provision .with Tripoli, 844; Algiers, 18, 22. United States consul to have jurisdiction over the effects of Americans deceased intestate— Morocco, 597 ; Muscat, 603 ; Persia, 662 ; Tripoli, 844 ; Algiers, 11, 23. United States consul has the right to receive, in the absence of the owner or agent, property of American citizens wrecked or captured from pirates — Muscat, 603 ; Ottoman Porte, 645. (For various provisions respecting United States consuls in Dutch colonies, see Synop- tical Index, title "Netherlands," treaty of January 22, 1865, page 622.) the United States consulates should not be an asylum for subjects of other powers — Germany, 308 : nor employ more servants than are allowed to Russia— Persia, 662. consuls shall not be officially responsible for the debts of their countrymen — Tripoli, 842; Algiers, 11, 16, 21. Contraband of war: [See "Blockade," "Prizes," " War."] defined by treaties — Bolivia, 85 ; Brazil, 98 ; Colombia, 182 ; Dominican Eepublic, 221 ; Ecuador, 232 ; France, 251 (obsolete) ; Great Britain, 328 (obsolete) : Guatemala, 440 ; Hayti, 480; Italy, 507; Mexico, 549; Netherlands, 614 (obsolete}; Peru, 688; Prussia, 719 ; San Salvador, 749 ; Spain, 780 ; Two Sicilies, 864. when a vessel carrying contraband is not subject to capture — Bolivia, 86 ; Brazil, 99 ; Colombia, 183 ; Ecuador, 233 ; Guatemala, 441 ; Hayti, 481 ; Mexico, 550 ; San Sal- vador, 750 ; Sweden, 801 [see "Sweden and Norway"] ; Two Sicilies, 865. proceedings against in case of capture — Hayti, 482; Dominican Republic, 223; France, 248 ; Great Britain, 328 (obsolete) ; Netherlands, 610 (obsolete), not to be confiscated — proceedings as to — Great Britain, 328 (obsolete) ; Prussia, 719 ; the vessel carrying it may be detained, but shall be released on surrendering the contraband articles — Prussia, 719 ; Great Britain, 328 (obsolete), proceedings in case of discovery of — Sweden, 803. [See " Sweden and Nonvay."] Convoys : [See "Vessels."] of each power shall take vessels of the other under their protection when going the same way — France, 245 ; Netherlands, 609 (obsolete). Costa Rica : [See- Synoptical Index.] treaty of 1850 with Great Britain respecting ship-canal in, 377 ; neither party will occupy, fortify, colonize, or exercise dominion over it, 377. Cottons : long staple and short staple brought directly to France in vessels of either country subject to the same duty, 291. impost duty on, abolished in — Hanover, 453 ; Mecklenburg-Schwerin, 537 ; Oldenburg, 641. Counterfeit money: [See "Extradition."'] D. Danish Colonies: beyond the Cape of Good Hope not affected by treaty of 1826, 207 ; direct trade between Denmark and the West Indian colonies not affected by the same, 208. Dardanelles, Straits op : United States vessels to enjoy the privileges of the most favored nation in, 644; when United States goods and goods in United States vessels are exempt from dues, 649 ; firmans for the passage of, 651. Debts : [See " War."] how collected in China, 152. Deceased persons, Estates of. [See " Consuls," " Personal property," "Seal estate."] Denmark. [See "Danish colonies," Synoptical Index.] Deserters prom vessels. [See " Consuls."] Detraction, Droit de: [See " Personal property," "Real estate," "Succession.' ] abolished by treaty with Bavaria, 51; France, 247 (obsolete) ; Hanover, 449 ; Han- seatic Republics, 463 ; Hesse, 486; Nassau, 605; Saxony, 762; Spam, 779; Wurtern- berg, 898; Sweden, 800. Detroit river : [See " Navigation."] Diplomatic agf.nts : , , . , , their privileges are to be those of the diplomatic agents of the most favored nation- Argentine Confederation, 29; Bolivia, 89; Brazil, 101 ; China, 147; Colombia (New Granada,) 185 ; Costa Rica, 200; Ecuador, 235: Guatemala, 443; Hayti, 483; Honduras, 493; Japan, 513; Mexico, 552; Nicaragua, 631; Paraguay, 658; Persia, 660 ; San Salvador, 752. . they may nominate curators of property of Americans deceased intestate— JNica- in Persia they are not to employ more servants than are allowed to Russians, 662; shall not afford asylum to Persian subjects, 662. 1092 ANALYTICAL INDEX. Discriminating duties. [See " Reciprocal commercial agreements," Synoptical Index, titles "France," (treaty of 1822,) "Netherlands," (treaty of 1852,) "Portugal," (treaty of 1840,) " Russia," (treaty of 1822, separate article,) " Sardinia," (treaty of 18.58, separate article,) "Two Sicilies," (treaty of 1855, separate article,) "Sweden and Norway," (treaty of 1827, separate article.)] Dominican republic. [See Synoptical Index.] Drawbacks and bounties. [See " Reciprocal commercial agreements."'] Dues. [See " Reciprocal commercial agreements," " Dardanelles."] Duration op treaties : treaties which are regarded as terminated or suspended. [See Notes, title "Abrogated, suspended, or obsolete treaties."] treaties declared to be " perpetual " — Belgium, 1863, articles 1 and iv, 66 ; Brazil, 1828, all except the articles relating to commerce and navigation, 94. treaties with no fixed periods for their duration— Argentine Confederation, 24, 26 ; Belgium, 68 ; Bavaria, 51 ; Borneo, 92 ; China, 145, 165 ; Costa Eica, 197, (except as to articles IV, V, and VI ;) Denmark, 213 ; France, 275, 289 ; Great Britain, 338, 350, 375, 377, 405, 411, 413, (except as to rights of fishing and transit, &c;) Hesse, 486; Japan, 512, 514, 525; Lew-Chew, 528; Liberia, 529; Madagascar, 532; Mexico, 562, 575; Muscat, 602; Ottoman Porte, 643; Peru, 687; Russia, 733, 739, 741; Saxony, 762; Siam,764; Spain, 776, 785, (appendix) 902; Tripoli, 837, 840; Tunis, £46. until January 1, 1839, and thenceforward to terminate on twelve months' notice — Russia, 735 : until January 1, 1858, to be terminated on twelve months' notice thereafter — Austria, 37 ; Bavaria, 53 ; Hanover, 456 ; Prussia, 729 : until June 10, 1858, and twelve months' notice thereafter — Mecklenburg-Schwerin, 535 : until Jan- uary 1, 1860, and for twelve months after notice — Baden, 47 : until July 4, 1872, after which notice of twelve months may be given of intention to revise — Japan, 516. treaties terminable on notice — Article 10 (extradition) of the treaty of 1842 with Great Britain, 374. treaties terminable on six months' notice — Prance, 292; Sweden and Norway, 822. treaties terminable on twelve months' notice — France, 299 ; Great Britain, 344, (by operation of article 1 of the treaty of 1827.) — Mexico, 579. treaties terminable on six months' notice after two years — France, 287. treaties terminable on twelve months' notice after two years — Austria, 35 ; Nether- lands, 619. treaties terminable on notice after five years — Article 8, treaty of 1842 with Great Britain, 375. treaties terminable on notice given six months prior to the expiration of each fifth year — Italy, 501; Nicaragua, 635. treaties terminable on twelve months' notice after five years — Italy, 503; Nether- lands, 622. treaties terminable on twelve months' notice after six years — Portugal, 699. treaties terminable on twelve months' notice after seven years — Articles 4, 5, and 6 ; Costa Rica, 1851, 198-9 ; articles 4, 5, 6, Honduras, 1864, 492. treaties terminable on twelve months' notice after eight years — Dominican Repub- lic, 217 ; Hayti, 475 ; Mexico, 544, (as it was revived by the treaty of 1848, page 569.) . treaties terminable in ten years on six mouths' notice previous to the expiration of that time, and after that on twelve months' notice — Austria, 45; Baden, 49; Bava- ria, 55; Belgium, 72; Denmark, (appendix) 910; Hesse, 487; Mexico, 585; North Germany, 638; Siam, 767 ; Sweden and Norway. 824; Wurtemberg, 900. treaties terminable on twelve months' notice after ten years — Austria, 31, 39, (ap- pendix) 906; Belgium, 62, 72, 74; Bolivia, 80 ; Denmark, 206; France, 294; Ger- many, 302; Great Britain, 388; Greece, 430; Hawaiian Islands, 468; Italy, 496; Netherlands, 618; Orange Free State, 919; Paraguay, 655 ; Persia, 660; Sardinia, 754; Sweden and Norway, 815; Swiss Confederation, 827 ; Wurtemberg^ 898 ; Two Sicilies, 863 ; Austro-Hungarian Empire, 903. treaties terminable on two years' notice after ten years — The Canadian articles of the treaty of 1871 with Great Britain, 413. treaties terminable on one year's notice after twelve years — Brunswick and Lune- berg, 106 ; Ecuador, 228 ; Guatemala, 436 ; Hanseatic Republics, 461, 466 ; Prussia, 724 ; Hanover, 446. treaties terminable after fourteen years ou twelve months' notice — Ottoman Porte, 645. treaties terminable on twelve months' notice after 15 years — Nicaragua, 627. treaties terminable on twelve months' notice after twenty years — Columbia (New Granada,) 177; [see also Columbia (New Granada) 1850, page 189 ;] San Salvador, 745. treaty terminating in fifty years — Morocco, 593. Duties : LSee " Cotton," " Reciprocal commercial agreements," " Discriminating duties."] regulations of, with Algiers, 9. ANALYTICAL INDEX. 1093 Duties — Continued, import duties in China regulated by convention. 155 — Japan, 518 ; Siani, 769. -provisions regarding, in treaty of 1871 with Groat Britain, 421. on successions. [See " Personal property," "Real estate."] E. Ecuador. [See Synoptical Index.] Education : institution for, may be established in China, 167. Elbe. [See " Briinshausen dues."] Embargo. [See "Reciprocal privileges of citizens, 4' '■"] Embezzlement. [See "Extradition."] Emigration : tax on, abolished by treaty with Bavaria, 11 Hanover, 449; Hesse, 48fi; Nassau, 605 ; Saxony, 762 ; Wurtemberg, 898. with Bavaria, without derogation to emigratioi laws, 52.' only free emigration permitted from China, 167. * French laws to prevent, not affected by the treaty of 1778, 248. Russian laws to prevent, are not affected by article X of the treaty of 1832, 738. Swedish.laws to prevent, are not affected by article VI in the treaty ot 1783, 801. Enemy. [See " Vessels," " War."] Estates. [See " Personal Property," " Real estate."] Examination of books and papers. [See "Reciprocal privileges of citizens," &,c] Exterritoriality : in Borneo, 93; China, 153; Japan, 518; Madagascar, 533; Morocco, 596; Persia, 661; Siam, 768 ; Tripoli, 843 ; Tunis, 850 ; Turkey, 644. Extradition : granted on proof of the commission of the following crimes, in the manner pointed out in the several treaties : Arson.— Austria, 38; Baden, 47; Bavaria, 53; Dominican Republic, 226; France, 292; Great Britain, 374 ; Hanover, 456; Hawaiian Islands, 473; Hayti, 485; Italy, 501; North Germany, 639; Prussia, Saxony, Hesse, Hesse on the Ehine, Saxe-Weimar, Saxe-Meiningen, Saxe-Altenburg, Saxe-Cobnrg-Gotha, Brunswick, Anhalt-Dessau, Anhalt-Bernburg, Nassau, Schwartzburg, Rudolstadt, Schwartzberg-Sondershau- sen, Waldeck, Renss, Lippe, Hesse, Homburg, Frankfort, 729; Bremen, 908; Meck- leubnrg-Schwerin, 915 ; Mecklenbnrg-Strelitz, 916 ; Oldenburg, 917 ; Orange Free State, 919; Schaumburg-Lippe, 920 ; Wurtemberg, 899; Mexico, 580; Nicaragua, 635 ; Sweden and Norway, 823 ; Swiss Confederation, 832 ; Two Sicilies, 871. Assassination.— Dominican Republic, 226; France, 292; Hayti, 485; Italy, 501; Mexico, 580 ; Nicaragua, 635"; Orange Free State, 919 ; Sweden and Norway, 823 ; Swiss Confederation, 832; Two Sicilies, 870. Assault with intent to commit murder. — Austria, 38 ; Baden, 47 ; Bavaria, 53 ; Bremen, 908 ; Dominican Republic, 226 ; France, 292 ; Great Britain, 374 ; Hanover, 456 ; "Hayti, 485; Italy, 501; Mecklenburg-Schwerin, 915; Mecklenburg-Strelitz, 916; North Germany, 639; Oldenburg, 917; Orange Free State, 919 ; Prussia, &c. (see "^rson" for enumeration), 729; Mexico, 580; Sweden and Norway, 823; Swiss Confederation, 832 ; Two Sicilies, 871. Burglary.— France, 293 ; Italy, 501 ; Mexico, 580 ; Nicaragua, 635 ; Sweden and Nor- way, 823. Counterfeit money, fabrication or circulation of. — Austria, 38 ; Baden, 47 ; Bavaria, 53 ; .• Bremen, 908 ; Dominican Republic, 226 ; France, 298 ; Hanover, 456 ; Hayti, 485 ; Italy, 501 ; Mecklenburg-Schwerin, 915 ; Mecklenburg-Strelitz, 916 ; Oldenburg, 917; North Germany, 639 ; Prussia, &c. (see "Arson" tor enumeration), 729; Mex- ico, 580; Nicaragua, 635 ; Sweden and Norway, 823; Schaumburg-Lippe, 920; Two Sicilies, 871 ; Wurtemberg, 899 ; introduction or making instruments for the fabrication of— Mexico, 580. Counterfeiting bonds, bank-notes, seals, dies, stamps, cj-o.— Italy, 501 ; Nicaragua, b35 ; Two Sicilies, 871. ^ EO m ... Embezzlement of public money.— Austria, 38 ; Baden, 47; Bavaria, 53; Bremen, 908; Hanover, 456; Italy, 502; Mecklenburg-Schwerin, 915 ; Mecklenburg-Strelitz, 916 ; Oldenburg, 917 ; North Germany, «39; Prussia, &c. (see "Arson" for enumeration), 729; Mexico, 580; Nicaragua, 636 ; Schaumburg-Lippe, 764 ; Wurtemberg, 899; Two Sicilies, 871. „„ TT „ „„ „. By public officer*.— Dominican Republic, 226 ; France, 292 ; Hayti, 48o ; Nicaragua, 636 ; Orange Free State, 919 ; Sweden and Norway, 823 ; Swiss Confederation, 832 ; Two Sicilies, 871. . _ .. ... _ onn By persons hired or salaried.— Dominican Republic, 226; Hayti, 485; France, 27 ; Bolivia, 82 ; Colombia (New Granada), 179 ; Costa Rica, 198 ; Deumark, 207 ; Dominican Republic, 220 ; Ecuador, 229; Great Britain, 327 (obsolete) ; as to the British possessions iu Europe, 345 ; Guatemala, 437 ; Hauover, 447 ; Mecklenburg- Schwerin, 537; Oldenburg, 641; Hanseatic Republics, 462; Hawaiian Islands, 468 Hayti, 478; Honduras, 491; Liberia, 530; Mexico, 545; Nicaragua, 628; Orange Free State, 919 ; Ottoman Porte, 647; Paraguay, 656; Portugal, 700 ; Prussia, 725; Russia, 736; San Salvador, 746; Sardinia, 756 ; Swiss Confederation, 831; Two Sicilies, 868. no higher duty or charge shall be imposed by one party on exports to the other than isiin posed on exports of like articles to any other foreign country — Argentine Confed- eration, 27 ; Bolivia, 82 ; Colombia (New Granada), 179 ; Costa Rica, 198 ; Denmark, 207; Dominican Republic, 220; Guatemala, 437 ; Ecuador,229; Great Britain , 345 ; Hanover, 448; Mecklenburg-Schwerin, 537; Oldenburg, 641 ; Hanseatic Republics, 462; Hayti, 478; Honduras, 491 ; Italy, 505; Mexico, 546; Nicaragua, 628 ; Orange Free State, 919 ; Ottoman Porte, 646 ; Portugal, 700 ; Prussia, 725 ; Russia, 736 ; San Salvador, 746; Swiss Confederation, 831 ; Two Sicilies, 868. than is imposed on like exports in national vessels — Belgium, 64 ; Ecuador, 229 ; Greece, 431; Great Britain, as to British possessions in Europe, 345; Guatemala, 437 ; Han- seatic Republics, 462 ; Nicaragua, 629; Two Sicilies, 867 ; Sweden and Norway, 816. prohibition of exports or imports of articles the growth, produce, or manufacture of one party in the territories of the other party, shall extend to like articles of all other nations — Austria, 32 ; Argentine Confederation, 27 ; Bolivia, 82 ; Brazil, 95 ; Colombia (New Granada), 179; Costa Rica, 198; Denmark, 207 ; Dominican Republic, 220 ; Ecuador, 830 ; Great Britain, 327 (obsolete) ; as to the British possessions iu Europe, 345 ; Greece, 432 ; Guatemala, 437 ; Hanover, 448 ; Mecklenburg-Schwerin; 537 ; Oldenburg, 641 ; Hanseatic Republics, 462 ; Hayti, 478 ; Honduras, 491 ; Italy, 505 ; Mexico, 546 ; Nicaragua, 628 ; Ottoman Porte, 647 ; Paraguay, 656 ; Portugal, 700 ; Prussia, 725 ; Russia, 737 ; San Salvador, 746 ; Sardinia, 757 ; Sweden and Nor- way, 817 ; Two Sicilies, 868. merchandise in vessels of one party is not to be prohibited in the ports of the other party — Liberia, 530. preferences in government purchases shall not be given to articles imported in national vessels — Austria, 33 ; Greece, 432 ; Hanover, 448, 451 ; Hanseatic Republics, 462 ; Mecklenburg-Schwerin, 536 ; Oldenburg, 641 ; Prussia, 726 ; Sardinia, 757 ; Sweden aud Norway, 817 ; Two Sicilies, 867. the most favored nation principle is to be applied to merchandise imported or export- ed by citizens of either power in the territories of the other — Persia, 661 ; Brazil, 95; Swiss Confederation, 831. the produce of one country may be exported in vessels of the other on as favorable terms as in vessels of any foreign country — Liberia, 530. if either party imposes discriminating duties upon the produce of a third power, the other party may determine the origin of its products destined for the ports of the party imposing the duty— Hayti, 478 ; Swiss Confederation, 831 ; Dominican Re- public, 220. vessels of either party entering a port of the other and not wishing to unload may depart without doing so.— Belgium, 64; Greece, 432-; Sweden and Norway, 818; Netherlands, 613 (obsolete), 631; are to be treated according to general rules rela- tive to the object, France, 252 (obsolete); Sweden and Norway, 818. vessels of one party may discharge part of their cargo in a port of the other, paying duties only on the portion discharged— Belgium, 64 ; Bolivia, 81 ; Dominican Repub- lic, 219 ; Greece, 433; Sweden and Norway, 818 ; Two Sicilies, 868; of each party in the ports of the other are placed in this respect on the footing of the most fa- vored nation — Sardinia, 757. such vessels may proceed with the remainder of the cargo to another port of the same country— Bolivia, 81 ; Dominican Republic, 219 ; Netherlands, 621 ; Greece, 433 ; Italy, 505 : Sweden and Norway, 818 ; Two Sicilies, 868 : but must pay the duties on the vessels themselves in the first port— Greece, 433 ; Sweden and Norway, 818. such vessels may also load at different ports for the same outward voyage— Bolivia, 81. after vessels' of one party are laden in the ports of the other they are not to be subjected to examination— France, 253 (obsolete) ; Prussia, 708, 717 (obsolete) ; Sweden, 808. 1104 ANALYTICAL INDEX. Reciprocal commercial agreements — Continued. after the necessary legislation, fish-oil and fish of all kinds (except fish of the inland lakes and of the rivers falling into them, and except fish preserved in oil) beingthe produce of the fisheries of the United States, or of Canada, or of Prince Edward Island, shall be admitted into each country free of duty — Great Britain, 421 : same provisions to be extended to Newfoundland after necessary legislation, 425. Pro- tocol relative to same, (appendix) 914. export duties are not to be imposed upon certain goods carried in transit across the United States or Canada — Great Britain, 425. exports in vessels of either party are to be subject only to the duties and formalities at the port of shipment — Belgium, 64. duties or charges on imports are to be the same, whether made in vessels of one party or of the other — Austria, 32 ; Belgium, 63 ; Bolivia, 82 ; Denmark, 207 ; Dominican Republic, 219; Greece, 431; Guatemala, 437 ; Hanseatic Republics, 461; Italy,505; Liberia, 529; Mexico, 546 ; Netherlands, 618, 620 (as to colonies); Ottoman Porte, 648; Paraguay, 656 ; Portugal, 700 ; Prussia, 724; Russia, 736; San Salvador, 746 ; Sardinia, 756; Sweden and Norway, 816; Two Sicilies, 867. such duties or charges are to be no other or higher than are imposed upon articles imported in vessels of the most favored nation — Hawaiian Islands, 469 ; Hay ti, 477 ; Russia, 735. duties and charges on vessels of each party in the ports of the other are to be the same as on national vessels — Belgium, 63; Bolivia, 82; Denmark, 207; Dominican Republic, 219 ; Guatemala, 437; Hanover, 447,451; Mecklenburg-Schweriu, 536 Oldenburg, 641; Hanseatic Republics, 461 ; Italy, 505 ; Liberia, 529 ; Mexico, 546 Netherlands, 618; Ottoman Porte, 649 ; Paraguay, 656 ; Portugal, 699 ;' Prussia, 724 San Salvador, 746 ; Sardinia, 755; Sweden and Norway, 816; Two Sicilies, 867. such duties and charges shall be the same as those of the most favored nation — France, 245 (obsolete) ; Hayti, 477; Belgium, 65; Bolivia, 82; Greece, 432. no duties shall be imposed by either party on the navigation of the other higher or other than those imposed on every other navigation — Greece, 432. vessels of each party in the ports of the other party are to be ou the same footing as national vessels with respect to dues, charges, or allowances, in the following cases : Anchorage. — Belgium, 63; Two Sicilies, 867. Average. — Argentine Confederation, 27. Brokerage. — Belgium, 63. Buoys. — Belgium, 63. Clearance. — Belgium, 63. Drawbacks and bounties. — -Argentine Confederation, 27 ; Austria,33; Belgium, 64; Bolivia, 82; Brazil, 95; Colombia (New Granada), 179 ; Costa Rica, 199 ; Den- mark, 207; Dominican Republic, 219; Ecuador, 229; Great Britain, 345-; Greece, 432 ; Guatemala, 437 ; Hanover, 451 ; Hanseatic Republics, 462 ; Hawaiian Islands, 469; Hayti, 478; Honduras, 492 ; Italy, 505 ; Mecklenburg-Schweriu, 536 ; Mexico, 546 ; Netherlands, 618, 620, as to colonies ; Ottoman Porte, 648 ; Portugal, 700 ; San Salvador, 746 ; Two Sicilies, 867. Earbor. — Argentine Confederation, 27; Costa Rica, 198; Hawaiian Islands, 469; Honduras, 491 ; Mexico, 546; Netherlands, 618, 620 ; Nicaragua, 628 ; Ottoman Porte, 649 ; Paraguay, 656. Light-house. — Argentine Confederation, 27 ; Austria, 31; Belgium, 63; Costa Rica, 198; Greece, 431; Hawaiian Islands, 469 ; Honduras, 491; Mexico, 546; Nether- lands, 618, 620 ; Nicaragua, 628 ; Ottoman Porte, 649 ; Paraguay, 656 ; Portugal, 700; Prussia, 724; Sardinia, 755 ; Sweden and Norway, 816 ; Two Sicilies, 867.^ Local charges.— Argentine Confederation, 27 ; Austria, 31 ; Belgium, 63 ; Costa Rica, 198 ; Greece, 431 ; Honduras, 491 ; Mexico, 546 ; Nicaragua, 628 ; Otto- man Porte, 649 ; Paraguay, 656 ; Portugal, 700 ; Prussia, 724; Sardinia, 755; Sweden and Norway, 816 ; Two Sicilies, 867. Pilotage.— Argentine Confederation, 27 ; Austria, 31 ; Belgium, 63; Costa Rica, 198; Greece, 431; Hawaiian Islands, 469; Honduras, 491 ; Mexico, 546; Nether- lands, 618, 620* Nicaragua, 628 ; Ottoman Porte, 649; Paraguay, 656 ; Portugal, 700; Prussia, 724 ; Sweden and Norway, 816 ; Two Sicilies, 867; Sardinia, 755. Port-dues. — Austria, 31; Bolivia, 81; Dominican Republic, 219. Greece, 431; Netherlands, 618, 620; Portugal, 700; Prussia, 724; Sardinia 755; Sweden and Norway, 816 ; Two Sicilies, 867. » Quarantine.— Hawaiian Islands, 469; Netherlands, 618, 620; Ottoman Porte, 649 ; Two Sicilies, 867. Salvage. — Argentine Confederation, 27 ; Costa Rica, 198 ; Germany, 307 ; Greece, 434'; Hanover, 449,452; Honduras, 491 ; Mecklenburg-Schweriu, 536; Olden- burg, 641 ; Mexico, 546 ; Netherlands, 618, 620 ; Nicaragua, 628 ; Paraguay, 656 ; Prussia, 724 ; Sardinia, 757-8. ANALYTICAL INDEX. 1105 Reciprocal commercial agreements— Continued, vessels of each party in the ports of the other party are to be on the same footing as national vessels with respect to dues, charges, or allowances, in the following cases — Continued. Tonnage.— Argentine Confederation, 27 ; Austria, 31 ; Belgium, 63 : Bolivia, 81 ; Colombia (New Granada), 178; Costa Rica, 198; Dominican Republic, 219; Ecuador, 229 ; Greece, 431 ; Guatemala, 437 ; Hanover, 451 ; Hanseatic Repub- lics, 461; Hawaiian Islands, 469; Honduras, 491 ; Italy, 505; Liberia, 530; Meek lenburg-Schwerin, 535 ; Oldenburg, 641 ; Mexico, 54R ; Netherlands, 618, 620 ; Nicaragua, 628 ; Ottoman Porte, 649 ; Paraguay, 656 ; Portugal, 700 ; Prussia, 724 ; Russia, 735 ; Sardinia, 755 ; Sweden and Norway, 816 ; Two Sicilies, 867. Warehouse.— Belgium, 64 (and to be confined to watch and storage) : Ottoman Porte, 648. s ' ' Wrecks, [see title " Wrecks."]— Austria, 44; Argentine Confederation, 27; Bel- gium, 65; Bolivia, 83; Brazil, 96; Colombia, (New Granada), 180; Dominican Republic, 220 ; Ecuador, 231 ; Germany, 307 ; Greece, 434 ; Guatemala, 433 ; Han- over, 449, 451 ; Hawaiian Islands, 472 ; Hayti, 479 ; Mecklenburg-Schwerin, 536 ; Oldenburg, 641 : Mexico, 547 ; Spain, 779 ; Sweden and Norway, 819 ; Two Sic- ilies, 869. certain vessels are to be exempted from paying the following dues in 'the respective ports : Anchorage. — Belgium, 63 ; Italy, 505. Buoys. — Belgium, 63. Clearance. — Italy, 505. Light-house. — Belgium, 63. Tonnage. — Belgium, 63 ; Italy, 505. vessels of each party in the ports of the other are to be on the footing of the most favored nation in respect of the following dues or charges : Light-dues. — Russia, 735. Local charges. — Russia, 735. Pilotage. — Russia, 735. Poi't-dues. — Russia, 735. , Tonnage.— Hayti, 477 ; Sweden and Norway, 817. special provisions as to quarantine — Greece, 434 i Sweden and Norway, 820. goods, the productions of the soil or industry of one country, imported in its own ves- sels into the other country for transit or re-exportation shall not pay a discrimi- nating duty— France, 287. salvage may be settled by arbitration when it cannot be agreed upon — Liberia, 530. salvage on recaptures where one of the powers is neutral — Prussia, 720. privileges of transit are not to discriminate against the productions of either party — Greece, 432 ; Sweden and Norway, 818. how goods may pass in transit across the United States and Canada — Great Britain, 424. . no duty shall be exacted on goods and merchandise from wrecked vessels, unless destined for consumption in the country — Austria, 44 ; Brazil, 97 ; Colombia, (New Granada,) 180 ; Ecuador, 231; Germany, 307; Hawaiian Islands, 472; Italy, 506; San Salvador, 748 ; Two Sicilies, 869. no duty shall be exacted in such cases provided the goods be exported — Guatemala, 438 ; Hanover, 450, 452 ; Mecklenburg-Schwerin, 536 ; Oldenburg, 641 ; Mexico, 548. no duty shall be exacted in such case unless exacted in like case on national vessels —Hayti, 479; Spain, 779; Dominican Republic, 220. . no duty is to be exacted in such case— Algiers, 16, (obsolete) ; Bolivia, 83. the property in such case is to be restored to the owners if claimed within a year and a day— Netherlands, 612 (obsolete) ; Sweden and Norway, 820. the property in such case is to be restored, if claimed — Tripoli, 838 ; Two Sicilies, 869; Ottoman Porte, 645. merchant-vessels are not to be impressed as transports— Ottoman Porte, 645. the routes of interior commerce between the two countries may be established by mutual agreement — Mexico, 553. Reciprocal' privileges of citizens of each nation within the territories of the other. [See "Consuls," " Naturalization," " Personal property," " Seal estate," " Tunis"}. the citizens of each may reside in the territories of the other, remaining subject to the laws— Argentine Confederation, 26 ; Austria, 31 ; Bolivia, 81 ; Brazil, 95 ; Colombia (New Granada), 178; Costa Rica, 197; Denmark, 206; Dominican Republic, 216 ; Ecuador, 228 ; Great Britain 326, (obsolete) ; Greece, 430 ; Guatemala, 436 ; Hano- ver, 446, 454; Hawaiian Islands, 470; Hayti, 476; Honduras, 490 ; Italy, 504 ; Meck- lenburg-Schwerin, 539 ; Oldenburg, 641; Mexico, 545 ; Nicaragua,, 627; Portugal, 699 ; Prussia, 724 ; Russia, 735 ; San Salvador, 745 ; Sardinia, 755 ; Sweden and Norway, 815; Swiss Confederation, 828 ; Two Sicilies, 865; Liberia, 529. the citizens of each may reside in the territories of the other — Borneo, 92. 70 1106 ANALYTICAL INDEX. KeCII'IIOCAT. FIlTVnVT.GES OF CITIZENS OF BACH NATION WITHIN THE TEBKITOEIES Olf THE otiiek— Continued. they may hire and occupy warehouses — Dominican Republic, 218 ; Hayti, 476; Swiss Confederation, 829. they may hire and occupy houses and warehouses — Argentine Confederation, 26; Bo- livia, 81; Borneo, 92; Costa Eica, 197; Greece, 430 ; Great Britain, 327; Hanover, 446,454; Hawaiian Islands, 470 ; Honduras, 490 ; Italy, 504; Mecklenburg-Schwerin, 539 ; Mexico, 545 ; Nicaragua, 628 ; Oldenburg, 641 ; Sweden and Norway, 815 ; Two Sicilies, 865. and their dwellings shall be respected — Hawaiian Islands, 471 ; Bolivia, 81 ; Two Sicilies, 865. they may engage in commerce and trade — Argentine Confederation, 26 : Bolivia, 81; Borneo, 92 ; Brazil, 95 ; Colombia (New Granada) 179 ; Costa Rica, 197 ; Denmark, 206; Dominican Republic, 218 ; Ecuador, 228; Greece, 430; Guatemala, 436; Great Britain, 327 ; Hano'ver, 446, 454 ; Hanseatic Republics, 4(i3 ; Hayti, 476 ; Honduras, 492 ; Italy, 504 ; Liberia, 529 ; Mecklenburg-Schwerin, 539 ; Mexico, 545 ; Muscat, 602 ; Nicaragua, 628 ; Oldenburg, 641 ; Paraguay, 657 ; Two Sicilies, 865 ; Tunis, 853. when so trading or residing are to be subject to pay no greater taxes, duties, or charges than citizens of the most favored nat'ion — Bolivia, 83 ; Borneo, 92 ; CostaRica, 200 ; Denmark, 208; France, 245 (obsolete); Hawaiian Islands, 471; Mexico, 545; Netherlands, 608 (obsolete) ; Nicaragua, 630 ; Ottoman Porte, 643 ; Paraguay, 658 ; San Salvador, 746; Swiss Confederation; 829 ; Two Sicilies, 865; Tunis, 854: or contributions — Dominican Republic, 218. and shall enjoy alLthe privileges of citizens of the most favored nations — Bolivia, 83; Borneo, 92; China, 167; Colombia (New Granada), 180; Guatemala, 438; Hansea- tic Republics, 463; Hawaiian Islands, 471 ; Liberia, 529 ; Mexico, 545; Netherlands, 608 (obsolete) ; Persia, 661 ; San Salvador, 747 ; Tripoli, 838, 842; Two Sicilies, 865; Tunis, 853. shall enjoy all the rights of natives — Argentine Confederatiou, 28 ; Bolivia, 83 ; Brazil, 95; Colombia (New Granada), 180; Denmark, 206; Ecuador, 229; Guatemala, 436 ; Hanover, 446,454; Hanseatic Republic, 463; Hawaiian Islands, 471; Honduras, 492 : Italy, 50,4 ; Ottoman Porte (as to warehousing, bounties, facilities, and draw- backs), 648; Paraguay, as to same, 657; Persia, 660 ; Portugal, 699 ; San Salvador, 748; Prussia,. 724; Sardinia, 755; Two Sicilies, 865; Russia, 735: and shall be placed on the footing of natives as to expropriations in time of war — Swiss Confed- eration, 829: shall enjoy complete p otection while they submit to the law — Argen- tine Confederation, 26; CostaRica, 197; Greece, 430; Honduras, 492 ; Liberia, 529 ; Mexico, 545 ; Nicaragua, 628. tliall be put on the footing of reciprocal equality, except when so doing conflicts with constitutional or legal provisions of either contracting party; but this shall uot extend Kj political rights — Orange Free State, 918. they may exercise their profession — Swiss Confederation, 829. th<«y shall pay no other or higher taxes, charges, or requisitions than citizens pay — Argentine Confederation, 28 ; Belgium, 63 ; Bolivia, 81 ; Honduras, 492 ; Italy, 504 ; Nicaragua, 630 ; Orange Free State, 918 ; Paraguay, 657 ; Swiss Confederation, 829 ; Two Sicilies, 865. they may manage their own affairs, and employ such brokers, agents, or factors as they choose — Argentine Confederatiou, 27 ; Brazil, 96 ; Dominican Republic, 21H; Hanover, 446, 454 ; Hawaiian Islands, 471 ; Hayti. 476; Hanseatic Republics, 463; Daly, 504; Mexico, 546; Colombia (New Granada)179; Morocco, 596 ; Netherlands, (ilO'(ol)solete); Nicaragua, 629; Paraguay, 657; Sweden, 808 (see Sweden and Norway ;) Switzerland, 829 ; Two Sicilies, 865 ; Costa Rica, 199 ; Ecuador, 230 ; Sail Salvador, 747 ; Guatemala, 437 ; Honduras, 492; Meckleuburg-Schwerin, 539. citizens of each in the territories of the other shall have the same access to the courts as nntives,and may employ such advocates, agents, and attorneysthere as they please — Argentine Confederation, 28 ; Brazil, 97; Costa Rioa, 199; Dominican Republic, 218; Ecuador, 231; Guatemala, 439; Hanover 447, 454 ; Hanseatic Republics, 463 ; Honduras, 492; Italy, 510 ; Mecklenburg-Schwerin, 539; Colombia (New Granada) 1HL ; Oldenburg, 641 ; Mexico, 548 ; Nicaragua, 629 ; Paraguay, 657 ; San Salvador, 748; Switzerland, 829 ; Bolivia, 84; Hayti, 476; Spain, 782 ; two Sicilies, 866. citizens of each arrested within the jurisdiction of the other for debt or for alleged offenses, are to be prosecuted by order and authority of law only, and according to the regular course of proceedings — Prussia, 720 ; Spain, 778. they are to be allowed to employ such advocates, notaries, solicitors, agents, or fac- tois as Ihry mav judge proper — Guatemala, 439; Hanseatic Republics, 463 ; Italy, rid; Mom o,54*8; Netherlands, 609 (obsolete) ; San Salvador, 748; Spain, 778. tlieii uv.( His are to have free access to them, and they and their ageuts have the right to be present at the taking of all examinations and evidence, and at the proceed- ings— Ecuador. 231 ; Guatemala, 4S9 ; Hanseatic Republics, 463-4 ; Italy, 510; Mexico, 548; Colombia, (New Grenada), 181; Sau Salvador, 748; Spain, 778; Bolivia 84. ANALYTICAL INDEX. 1107 Reciprocal privileges of citizens of each nation within the territories of the other — Continued. vessels and effects of citizens of each in the territories of the other are to he pro- tected and defended— Sweden, 808 (see Sweden and Norway;) Tunis, 854 citizens of each being within the territories of the other shall be exempt from forced nnhtary service- Argentine Coufederation, 28; Costa Eica, 200; Dominican Eepub- ^ 2 T. ; , Fr tL° e 'i?/ ,5 - (ob8 , ^ to l ; . HawaiiM1 Mauds, £71; Hayti, 476; Honduras, 493; Italy, 504 ; Mexico, 547 ; Nicaragua, 630 ; Orange Free State, 918 ; Paraguay 658; Switzerland, 829; Two Sicilies, 865. ' from billeting of soldiers— Two Sicilies, 865. from contribution in kind or money for compensation for personal military services —Italy, 504 ; Two Sicilies, 865 : [they shall not be exempt from such contribution— Orauge Free State, 918; Swiss Confederation, 829.] from forced loans— Argentine Confederation, 28 ; Bolivia, 81 ; Costa Eica, 200 ; Domi- nican Eepublic, 218 ; Hawaiian Islands, 471 ; Honduras, 493 ; Nicaragua, 630 : Para- guay, 658; Two Sicilies, 865. from military exactions— Argentine Confederation, 28; Costa Eica, 200; Dominican Eepublic, 218 ; Hayti, 476; Honduras, 493 ; Nicaragua. 630 ; Paraguay, 658. from contributions— Bolivia, 81 ; Nicaragua, 030: fprm contributions in time of war, in which case property is not to be taken without compensation paid in advance— Nicaragua, 630 ; without compensation on the same footing as natives — Orauge Free State, 918. from extraordinary contributions not general and established by law— Hawaiian Islands, 471 ; Two Sicilies, 865. from contributions higher than those paid by natives— Costa Eica, 200 ; Dominican Eepublic, 218 ; Hayti, 476; Honduras, 493 ; Mexico, 547; Orange Free State, 918 ; Paraguay, 658. from judicial or municipal office — Italy, 504. the citizens of each shall not be liable to the embargo or detention of their vessels, cargoes, merchandise, or effects— Bolivia, 81 ; Brazil, 96: Colombia (New Granada), 180;- Ecuador, 230; Guatemala, 438; Italy, 504; Mexico, 547; Netherlands, 609 (obsolete) ; San Salvador, 747 ; Spain, 778 ; Sweden, 804 ; Tunis, 853 : without com- pensation— Bolivia, 81 ; Brazil, 96; Colombia, 180 ; Ecuador, 230; Guatemala, 438 ; Italy, 504 ; Mexico, 547 ; San Salvador," 747 : to be paid in advance — Bolivia, 81 : when it can be agreed upon — Italy, 504. their vessels are to be subjected to such embargo only in cases of urgent necessity, and an equitable indemnity shall be paid — Prussia, 720. their books and papers are not to be subjected to inspection without the order of a • « oompetent legal tribunal— Bolivia, 81 ; Hawaiian Islands, 471 ; Havti, 477 ; Two Sicilies, 865. the citizens of each country are to have a right to travel in the possessions of the other— Bolivia, 81; Hawaiian Islands, 470; Italy, 504; Nicaragua, 630 ; Two Sici- lies, 865. citizens of each residing in the territories of the other may intermarry with natives — Nicaragua, 630. may enjoy freedom of religious belief, respecting at the same time the laws and usages of the country — Brazil, 97 ; Bolivia, 84 ; China, 166 ; Ecuador, 231 ; Guate- mala, 439 ; Hawaiian Islands, 472 ; Hayti, 477 ; Netherlands, 608 (obsolete) ; Co- lombia (New Granada), 181 ; Paraguay, 659 ; Argentine Confederation, 29. and also of religious worship, on conditions as named in the respective treaties — (as to consuls and agents), Algiers, 16 (obsolete) ; Argentine Confederation, 29 ; Colom- , bia (New Granada), 181 ; Costa Eica, 201 ; Dominican Eepublic, 218 ; Honduras, 494 ; Mexico, 548 ; Nicaragua, 631 ; Paraguay, 659 ; San Salvador, 748 ; Sweden, 800 (see Swedeu and Norway). they are to have the liberty of burial — Argentine Confederation, 29; Brazil, 97; Bolivia, 85 ; Colombia (New Granada), 181 ; Costa Eica, 201 ; Dominican Eepublic, 218; Ecuador, 231 ; Guatemala, 439 ; Hayti, 477 ; Honduras, 494; Netherlands, 608 - (obsolete) ; Nicaragua, 632 ; Mexico, 548 ; Paraguay, 659 ; San Salvador, 748 ; Sweden, t-00 (see Sweden and Norway), on the breaking out of a war between the two countries, the citizens of each in the country of the other may remain and continue to trade so long as they behave peaceably — Argentine Confederation, 29 ; Paraguay, 658 ; Great Britain, 331 (obso- lete), all may remain whose occupations are for the common benefit of mankind — Italy, . 509 ; Prussia, 722. .six months are granted to merchants and citizens to arrange their business and with- draw their effects— France, 250 (obsolete) ; Dominican Eepublic, 217; Hayti, 476; Two Sicilies, 864. 1108 ANALYTICAL INDEX. Reciprocal privileges op citizens op each nation within the territories op the other — Continued. six months allowed to those on the coast, and twelve months to those in the interior- Bolivia, 88 ; Brazil, 101 ; Costa Rica, 200 ; Ecuador, 235 ; Guatemala, 442 ; Hondu- ras, 493 ; Italy, 509 ; Mexico, 552 ; Nicaragua, 631 ; Colombia (New Granada), 185 ; San Salvador, 752. nine months granted — Morocco, 597 ; Netherlands, 612 (obsolete) ; Prussia, 722 ; Sweden, 806. one year granted — Tunis, 851 ; Spain, 779; and indemnity is to be made for any in- jury done during that time, 780. such time as they may require — Paraguay, 659. during this time they are to be unmolested if they conduct themselves properly — Brazil, 101 ; Costa Rica, 200 ; Ecuador, 235 ; Guatemala, 443. their effects are not liable to confiscation — Argentine Confederation, 29 ; Bolivia, 89 ; Brazil, 101 ; Costa Rica, 201 ; Ecuador,235; Honduras, 493; Guatemala, 443; Hayti, 476; Mexico, 552; Nicaragua, 631 ; Colombia (New Granada), 185 ; Paraguay, 658 ; Great Britain, 324 ; Spain, 778; Sweden, 806 (see Sweden and Norway) ; Two Sici- lies, 864 : or to demands other than those made upon the property of natives— Argen- tine Confederation, 29 ; Costa Rica, 201. passports are allowed them which are to protect them and their property — Domini- can Republic, 217 ; Brazil, 101 ; Costa Rica, 200 ; Hayti, 476 ; San Salvador, 752 ; Two Sicilies, 864 ; Paraguay, 659 ; Bolivia, 88 ; Sweden, 806. all but merchants can remain, even after the expiration of the time named, protect- ed in person and property unless they forfeit the right by their conduct— Mexico, 552; San Salvador, 752; Colombia (New Granada), 185; Bolivia, 88. all can remain and be protected who behave peaceably and commit no offense against the laws — Honduras, 493 ; Nicaragua, 631. Reciprocity. [See "Favored-nation clause," " Consuls," "Extradition," "Neutrals," "Naturalization," "Real estate," " Personal property," " Reciprocal commercial agree- ments," "Reciprocal privileges of citizens," "Vessels," " War."'), , with Canada, 383. Re-exportation. [See " Reciprocal commercial agreements.") Religious belief, freedom op. [See " Reciprocal privileges of citizens," fyc.) citizens of United States in China shall enjoy, 154, 166 ; Chinese converts to Christi- anity shall enjoy, 154 ; Americans in Japan shall enjoy, 519 ; American citizens visiting or residing in Siam shall be allowed, 769 ; shall not interfere with the har- mony between the United States and Tripoli, 838, 842. Reprisals : are not to be made for infractions of a treaty until a statement of injuries shall have been made, and redress refused or unreasonably delayed — Bolivia, 90 ; Brazil, 103 ; Colombia (New Granada), 188; Ecuador, 237 ; Great Britain, 330 (obsolete); Gua- temala, 445 ; Mexico, 555 ; Portugal, 704 ; San Salvador, 754. Retraite, Droit de. [See " Personal property," " Real estate.") abolished by treaty — Bavaria, 51 ; Hesse, 486; Nassau, 605 ; Saxony, 762; Wiirtem- berg, 898. Robbery. [See "Extradition.") Rupture : definition of — Great Britain, 331. Ruswa. [See Synoptical Index.) S. Salt : provisions concerning, in treaties with — Belgium, 64,67. Salvage. [See " Consul," " Reciprocal commercial agreements.") Sandwich Islands. [See " Hawaiian Islands," "Steam-vessels.") San Salvador. [See Synoptical Index.) Sardinia. [See notes, title "Abrogated, suspended, or obsolete treaties," Synoptical Index.) Saxony. [See Synoptical Index.) Scheldt-Dues : arrangements for the capitalization of, 67 ; treaty for the extinguishment of, 68. Schaumburg-Lippe. Accession to extradition convention, (appendix) 920. [See Synoptical Index. J Sea-Letters. Form of, France, (appendix) 910. ['See " Vessels.") Seamen. [See " Consuls.") Search. [See " Vessels.") Ship canal. [See " Interoceanic communications.") Ships of war: of each in the ports of the other to receive the treatment of those of the most fa- vored nations— Italy, 504. ANALYTICAL INDEX. 1109 Ships of war— Continued, of the United States in Algiers, to receive provisions and refreshments gratis— Al- giers, 11 (obsolete) ; of each (and also post-office and passenger-packets of each) may, within the jurisdiction of the other power, enter all the harbors, rivers, and places to which other foreign ships of war and packets may come, and may anchor and remain and repair there, subject to the laws of the country — Argentine Con- federation, 2f>; Costa Rica, 197; Honduras, 490; Great Britain, 330 (obsolete); Nicaragua, 628. of each may enter into the ports of the other — Borneo, 93 ; Morocco, 595. are not to he examined on any pretense whatever — Morocco, 595. are not to be sold to enemies of the United States — Algiers, 10 (obsolete), of the United States are to be afforded facilities of intercourse in Chinese waters — 147. of the United States may anchor at Paknam, but shall not go above in the river without the consent of the Siamese authorities — Siam, 769. of the United States are to be entitled to a salute of twenty-one guns, and are to return the same number — Tripoli, 842 ; Tunis, 852. of the United States in Algiers are to receive the salutes given to vessels of most favored nations, and return gun for gun — Algiers, 21 (obsolete). of either party saluting a fort of the other are entitled to a salute of an equal number of guns — Morocco, 595. commanders of vessels of war of each party shall be forbidden to do any injury or damage to those of the other party : if they do they are to be personally liable for it— France, 249; Netherlands, 611 (obsolete); Great Britain, 329 (obsolete). Italy, 509 ; Sweden, 803. of the United States are to render friendly aid to Japanese vessels — Japan, 517. of the United States and Turkey shall observe toward each other demonstrations of friendship and good intelligence, according to naval usage — Ottoman Porte, 644. of each party are to protect the vessels of the other party — Prussia, 722. of each party in the ports of the other party are not liable to pay duties or charges on their prizes— Prussia, 721 ; Hayti, 482. of an enemy of one power entering the neutral port of the other power with prizes are not to receive shelter — France, 249 (obsolete) ; Great Britain, 331 (obsolete.) arrangements respecting the force to be maintained on the American iakes — Great * Britain, 348. may recruit men each in ports of the other— Netherlands, 615 (obsolete). Shipwrecks. [See " Consuls," " Reciprocal commercial agreements," " Wrecks."] Siam. [See " Ships of war," Synoptical Index.] Sicilies, Two. [See notes, title "Abrogated, suspended, or obsolete treaties ;" Synopti- cal Index.] Slaves : provisions in the treaty of Ghent for the restoration of, 338-9 ; further provisions concerning, in the convention with Great Britain of 1818, 351-2 ; treaty of 1822 re- specting the same, 355-6; award of the Emperor of Russia, 360 ; convention with Great Britain for final adjustment, 362. Slave-trade : [See " Vessels"]. provisions regarding abolition of, Great Britain, 343 ; squadrons for suppressing Great Britain, 374 ; further engagements respecting the same, and providing for the establishment of mixed courts, Great Britain, 388-401 ; abolition of the mixed courts, Great Britain, 407; instructions for vessels of both parties, Great Britain, 409 ; suppression of, and remonstrances concerning, Great Britain, 374. Sound-does: , _ , on _ the United. States to be on the footing of the most favored nation— Denmark, ZVil ; the dues extinguished — Denmark, 213. Spartel, Cape. [See "Morocco"]. Spain. [See Synoptical Index]. „. Steam-vessels: [See "Reciprocal commercial privileges," 6 tops of war j. of the United States carrying mails to have access to the Sandwich Islands without payment of dues — Hawaiian Islands, 469. Saint Clair Flats Canal. [See "Navigation"]. Saint Clair River. [See "Navigation"]. Saint Croix River : , , . .. , , ,„ m n „,-.+■ commission for determining which river is intended by the treaty of 178.5— Ureal; Britain, 321, 334, 340. Saint Helena: , ^ „„„. declaration relating to— Great Britain, 347 (obsolete, see 3bb). Saint John's River, New Brunswick : [See "Navigation ]. „v,nii«wi Great Britain will urge the abolition of the export duty on lumber ; if not abolished, the right of transit may be suspended— Great Britain, 425. 1110 ANALYTICAL INDEX. Saint Lawrence River. [See "Navigation."] Succession: [See "Aubaine, Droit de" " Detraction, Droit de," "Personal property," " Real estate"]. the dues are to be the same as those paid by natives — Denmark, 208 ; German Empire 305. * ' Suits at law. [See "Consuls," "Reciprocal privileges of citizens," &c.]. . Sweden: [See notes, title "Abrogated, suspended, or obsolete treaties," "Sweden and Nor- way," Synoptical Index]. Sweden and Norway : [See Synoptical Index]. Several articles of the treaty of 1783, with Sweden, and of the separate articles re- vised by the treaty of 1827, 820. commerce with Finland excepted from the operation of the treaty of 1827, 821. Swiss Confederation : [See Synoptical Index]. citizens of one party returned by the act of the courts, or the police of the other are to be received, 829 ; passports are required to prove citizenship, 829 ; Swiss mer- chandise under the United States flag, or the flag of the most favored nation, to pay the same duties as the merchandise of such nation. 831 ; otherwise it is to be treated as merchandise of the country to which the vessel belongs, 831 ; Swiss goods wrecked on the coast of the United States are to be treated as Uuited States goods, 831. Taxes. [See "Reciprocal privileges of citizens," &c.]. Termination of treaties. [See "Duration of treaties;'' Notes, title "Abrogated, sus- pended, or obsolete treaties"]. Texas. [See Sijnopiical Index], Ton : definition of, in treaty of 1822, with France, 237. Tonnage-does : [See "Reciprocal commercial agreements"]. in Belgium shall cease when arrangemeut for capitalization of Soh-jldfc dues is made, 66. in China, rates fixed, 150 ; when to be paid, 151. amount limited by treaty with France, 288. Trade. [See "Enemy"]. Trade-marks : Agreements for the protection of, Austria, (appendix) 906; Belgium, 79; France, 299; Germany, 307; Russia, 744; Austria, 903. Transit : [See "Reciprocal commeroial agreements," " Interoeeanic communication"]. when a transit duty is to bo levied ou goods passing through, Belgium, 65. transit duty on tobacco in Hanover abolished, 453. limitation of transit duty in the Ottoman Empire, 649. transit from Genoa through the Sardinian territories, 758. Transports: American merchant vessels are not to be impressed, as in the Ottoman Empire, 645. Travel, right to. [See " Reciprocal privileges of citizens," &c.]. Tribute : abolished, Algiers, 14 and 19. < Tripoli. [See Synoptical Index.] Tunis. [See Synoptical Index.] U. Uruguay. [See "Navigation"]. Utxecht, treaty of : its provisions respecting the French fisheries to bo respected, 246, 247. V. Venezuela. [See notes, title "Abrogated, suspended treaties," Synoptical Index]. Vessels. [See "AsyUm," "Captures," "Consuls," "Contraband of war," "Dardanelles," "Neutral vessels," "Reciprocal commercial agreements," "Reprisals," "Ships of war," "Steam-vessels," "War."] how the nationality of the vessel is to be established — Argentine Confederation, 27 ; Belgium, 64; Bolivia, 82,; Brazil, 95; Dominican Republic, 220; Ecuador, 229; Hanover, 447, 452 ; Hanseatic Republics, 462 ; Italy, 508 ; Mecklenburg-Schwerin, 537; Morocco, 594 ; Netherlands, 619 ; Oldenburg, 641 ; Ottoman Porte, 649; Para- guay, 657; Two Sicilies, 867; Colombia, (New Granada), 188. ANALYTICAL INDEX. 1111 Vessels— Continued. in case one power is at war, the vessels or citizens of the other must he furnished with sea-letters or passports, and, if the vessel he laden, it must also be furnished with certificates as to the character of the cargo, and if not so furnished it may be taken hefore a prize court — Bolivia, 87; Brazil, 100; Colombia (New Granada), 184 ; Dominican .Republic, 222; Ecuador, 234; France, 252 (obsolete) ; Guatemala, 441 ; Hayti, 480 ; Spain, 781-2 ; Mexico, 551 ; Netherlands, 614 (obsolete) ; Prussia (it must also be furnished with a charter-party and a list of the ship's company), 719 ; San Salvador, 751 ; Sweden, 802 (see "Sweden and Norway") ; Tunis, 847. these passports should be renewed every year if the vessel returns home in the year — France, 252 (obsolete) ; Dominican Republic, 222 ; Hayti, 481 ; Spain, 782. they should be renewed every time the vessel returns home in the course of a year — Sweden, 802. the death or removal of the master does not' affect them — Dominican Republic, 223. vessels of each making into a port belonging to an enemy of the other must exhibit passport and certificate — France, 248 (obsolete) ; Spain, 779 ; Hayti, 480. ■ '■' regulationsfor the visit and examination on the high seas, during time of war, of the vessels of one power, being a neutral, by the ships of war of the other power, being a belligerent — Algiers, 9, 15, 20 ; Bolivia, 86 ; Brazil, 100 ; Colombia (New Gra- nada), 183 ; Dominican Republic, 223 ; Ecuador, 234 ; France, 252 (obsolete) ; Gua- temala, 441 ; Hayti, 481 ; Italy, 508 ; Mexico, 550; Morocco, 594 ; Netherlands, 615 (obsolete) ; Prussia, 720 ; San Salvador, 751 ; Spain, 782 ; Sweden, 802, 804 (see (Sweden and Norway) ; Tripoli, 841 ; Tunis, 847, 852. vessels sailing under a convoy are not subject to visits — Bolivia, 87 ; Brazil, 100 ; Colombia (New Granada), 184 ; Dominican Republic, 223 ; Ecuador, 234 ; Guate- mala, 442 ; Hayti, 481 ; Italy, 509 ; Mexico, 551 ; Morocco, 594 ; Netherlands, 610 (obsolete) ; San Salvador, 751 ; Tunis, 847. the merchant-vessels of each party suspected of being engaged in the slave-trade may, within certain limits and under certain restrictions, be visited and searched by the ships of war of the other party — Great Britain, 389, 401. the' vessels of each power are to be protected and defended when within the juris- diction of the other— Algiers, 16, 21 ; France, 245 (obsolete) ; Netherlands, 608 (obsolete) ; Spain, 778;' Tripoli, 842. duties of vessels of the United States on arriving in Chinese ports as to pilots, 150 ; as to custom-officers, 150-151. ou arriving in Japanese ports, 521-5. all disputes between officers of passenger steamships and the passengers shall be ;. . brought to and decided in the circuit or district courts in the United States to the exclusion of all other courts — Italy, 499. merchant-vessels of the United States are not liable to penaltiesfor contraband goods found on board and laden in port — Morocco, 596. the vessels of each party are not to be molested by the ofiier— Algiers, 9 (obsolete). yessels of either .country may complete their crews within the territories or domin- ions of the other, provided" they submit to local regulations and the enrollments are voluntary— Italy, 566 ; Netherlands, 615 (obsolete). and may receive supplies— Morocco, 595 ; Tripoli, 842. Visit. [See " Vessels"}. Vol Qualify Crime. [See "Extradition"}. W. Wages op seamen. [See " Consuls"}. War: [See "Blockade," "Captures," "Contraband of -war," " Letters of marque, "Neu- trality," "Neutrals," " Neutral vessels," "Piracy," " Privateers," " Prizes," " Prize causes," " Reciprocal privileges of citizens," "Reprisals," "Ships of war," "Vessels.' war is not to be declared for infractions of a treaty until a statement of injuries shall have been made, and redress refused or unreasonably delayed— Bolivia, 91 ; Brazil, 103; Colombia (New Granada), 188; Ecuador, 237; Guatemala, 445 ; Mexico, 555 ; Morocco, 597 ; Portugal, 704; San Salvador, 754 ; lums, 851 ; Tripoli, 838, 843 ; Algiers, 13, 17, 22. , „ _. . private property, not contraband of war, is to be exempt from capture at sea— Italy, on the breaking out of war, the consuls and citizens of the United States may with- draw unmolested— Algiers, 12 (obsolete) 22 ; Tripoli, 843. war shall be carried on only under the orders of duly commissioned persons— Colom- . bia (New Granada), 184 ; San Salvador, 752. , . rules applicable to the prosecution of a common war— Prussia, 721 , Sweden, 804 , (see "Sweden and Norway"). . _ 0<1 agreement for the humane treatment of prisoners of war— Prussia, lii. prisoners of war are to be exchauged-Great Britain, 339 ; Morocco, o98 : and are not to be made slaves— Tripoli, 843 ; Algiers, 17, 22. , , m( . ntl „,. . navigation of the Parana and Uruguay in time of war-Argentine Confederation, &. 1112 ANALYTICAL INDEX. Warehouse dues. [See "Reciprocal commercial agreements"]. Washington, treaty of . rules respecting neutrals. [See " Neutrals"'}. Weser : certain tolls on, abolished — Hanover, 453. Whale- ships op the United States: their privileges in Hawaiian ports, 469. Wrecks: [See "Consuls," " Reciprocal commercial agreements," ." Swiss Confederation"']. vessels, their cargoes and crews of one power, wrecked on the coast of the other, are to receive the same assistance which would be given to national vessels — Belginm, 65 ; Bolivia', 83 ; Brazil, 96 ; Colombia (New Granada), 180 ; Dominican Republic, 220 ; Ecuador, 231 ; Germany, 307 ; Guatemala, 438 ; Hanover, 449-451 ; Hayti, 479 ; Mecklenburg-Schwerin, 536; Netherlands, 619; Oldenburg, 641; Mexico, 547; Spain, -779 ; San Salvador, 747 ; Sardinia, 757. in such case all possible aid shall be rendered — France, 250 (obsolete) ; Greece, 434 ; Liberia, 530; Tunis, 848; Netherlands, 612 (obsolete); Algiers, 10. in such case assistance shall be rendered — Algiers, 16 (obsolete, 20) ; Ottoman Porte, 645 ; Tripoli, 842. Wurtemberg. [See Synoptical Index}. Y. Yukon Kiver. [See "Navigation"']. II.— SYNOPTICAL INDEX. ALGIERS. {See "Notes," Title "Abrogated, Suspended, or Obsolete Treaties."] Treaty of peace and amity : Concluded September 5, 1795 ; Ratification advised by Senate March 2, 1796. (8 St. at L., 133.) (1) Peace established, 9: (2) Commercial intercourse regulated, 9: (3) Vessels of each nation to pass unmolested, 9 : (4) How passports of vessels and ships of war shall be examined, and to whom be granted, 10 : (5) No Algerine cruiser may take any person out of a vessel of the United States, 10 : (6) Vessels of United States stranded to be relieved, 10 : (7) Algerines not to sell vessels of war to the enemies of the United States, 10: (8) When passport is not necessary, 10: (9) When other Barbary States not to be allowed to sell prizes in Algiers, 10 : (10) United States may send prizes into ports of the regency, 10 : (11) How ships of war of United States shall be treated in the ports of the regency, 11 : (12) How slaves shall be redeemed, and when captured persons shall be lawful prize, 11 : (13) How the estates of citizens of United States dying in the regency shall be settled, 11: (14) No citizen of United States to' be compelled to purchase goods or pay debts of another, 11 : (15) How disputes shall be settled, 11 : (16) How crimes shall be punished, 12 : (17) Privileges of the consul of the United States, 12: (18) In case of war citizens of United States may embark unmolested, 12 : (19) Citizens of either nation captured by the other to be set at liberty, 12 : (20) Vessels of war to be saluted, 12 : (21) Consul not to pay duty, 12 : (22) War not to be declared in case of breach of treaty ; sum to be paid to the Dey, 13. Treaty of peace and amity : Concluded June 30 — July 6, 1815 ; Ratification advised by Senate December 21, 1815 ; Ratified by President December 26, 1815 ; Proclaimed De- cember 26, 1815. (8 St. at L., 224.) (1) Peace and friendship ; favors in navigation and commerce to be common to. each, 14 : (2) Abolition of tribute in any form, 14 : (3) American citizens to be delivered up, 14 : (4) Indemnification to American citizens for detention and loss of property ; bales of cotton and $10,000 to be delivered to the American consul, 14 : (5) Enemy's property to pass free in vessels of each party, 15 : (6) Citizens or subjects taken on board an enemy's vessel to be liberated, 15 : (7) Passports to vessels of each party and right of visit restricted ; offenders to be punished for abusing the right of visit ; vessels of war of United States to suffer Algerine cruisers to pass unmolested, 15 : (8) What shall be a sufficient passport, 15 : (9) Provisions to be furnished to vessels in need at market price, 15 : (10) Assistance to be given to the crew, and protection to the property of vessels cast ashore, 16 : (11 ) How vessels may be protected, 16 : (12) Commerce on the footing of the most favored nations, 16 : (13) Consul of United States not responsible for debts of citizens, &c, 16 : (14) Salutes to vessels of war of the United States, 16 : (15) Pretexts arising from religious opinions not to interrupt harmony, &c; consuls may travel within the territories of each party, 16, 17 : (16) How disputes may be settled, &c, 17 : (17) Prisoners of war not to be made slaves, but to be ex- changed within twelve months, 17 : (18) Powers at war with United States not to be empowered to sell American vessels captured at Algiers, 17 : (19) Consuls of United States to decide disputes between American citizens, 17, 18 : (20) In cases of killing, wounding, or striking, the law of the country to prevail, &c, 18 : (21) Consul of United States not to pay duties on what he imports for his house and family, 18 : (22) Citizens of the United States dying within the regency of Algiers, their property to be under the direction of the consul, unless otherwise disposed of by will, 18. ' „,„„„■„ +.j, ... j ■ ^ Tjmaty of peace and amity : Concluded December 22 and 23, 1816 ; Ratification advised by Senate February 1, 1822 ; Ratified by President February 11, 1822 ; Proclaimed February 11, 1822. (8 St. at L., 244.) (1) Peace and friendship; navigation and commerce, 19 : (2) Tribute, 19: (3) bee articles 3 and 4 of treaty of June 30, 1815, 19: (4) Obsolete ; executed, 19 : (5) Enemies' property, 19 : (6) Treatment of citizens or subjects of either taken on board an enemy's vessel, 19 : (7) Passports to vessels and right of visit ; fusing right of visit ; treatment of Algerine cruisers, 20 : (8) Passport, what sufficient 30 1 : (9) Furnishing of provisions, landing of troops, 20 : (10) Wrecks, 20 : (11) 1114 SYNOPTICAL INDEX — ARGENTINE CONFED'n-AUSTRIA. Treaty of peace and amity, 1816 — Continued. Protection of vessels of either party in ports of the other, 21 : (12) Protection to ' merchants, seamen, immunities to consuls, favored nation claim, 21 : (13) Consul not responsible for debts, 21 : (14) Treatment of vessels of war of the United States, 21 : (15) Religious opinions not to be a pretext for war ; consuls may travel within territories of each, 21: (16) Disputes arising from violation of treaty, 22: (17) Prisoners of war, 22 : (18) Treatment of prizes in ease of war between United States and third power, 22 : (19) Settlement of disputes, 22 : (20) Case of murder or assault by citizen or subject of either against citizens or subjects of the other, 22 : (21) Free entry for consul of United States, 23 : (22) Disposition of effects of citizens of United States dying in Algiers; additional and explanatory article to 18th article, 23. ARGENTINE CONFEDERATION. Treaty for free navigation of rivers ParanX and Uruguay : Concluded July 10, 1853 ; Ratification advised by Senate June 13, 1854 ; Ratified by President July 5, 1854 ; Ratifications exchanged at Parand December 20, 1854 ; Proclaimed April 9, 1835. (10 St. at L., 1001.) (1) Free navigation of the Parana' and Uruguay conceded, 24: (2) Loading and unloading of ships, 24 : (3) Beacons and marks, 24 : (4) Uniform system for col- lection of duties and dues, 25 : (5) Government and possession of the island of Martin Garcia, 25 : (6) Navigation of said rivers in time of wa£ 25 : (7) South American Governments may accede to this treaty, 25 : (8) United States to have privileges of most favored nation, 25 : (9) Ratifications, 25. Treaty of friendship, commerce, and navigation : Concluded July 27, 1853 ; Ratifi- cation advised by Senate June 13, 1854 ; Ratified by President June 29, 1854 ; Ratifica- tions exchanged at Parand, December 20, 1854 : Proclaimed April 9, 1855. (10 St. at L., 1005.) (1) Perpetual amity, 26 : (2) Reciprocal freedom of commerce ; protection of citi- zens, ships, &c. ; ships of war, and post-office and passenger packets, 26 : (3) "Most favored nation" clause, 26: (4) No discriminating duties on account of nationality of growth or produce, 27: (5) Provisions against discriminating duties on account of nationality of vessels, 27 : (6) Same subject, 27 : (7) Nation- ality of vessels, how established, 27 : (8) Privileges of citizens as to tradiDg and doing business, 27 : (9) Same subject ; case of death of citizens in territory of the other, 28: (10) Provision against military service, forced loans, taxes, &c, 28: (11) Consuls, privileges, &c, of diplomatic agents and consuls, 28: (12) Treatment of citizens of either party in time of war, 29: (13) Houses, persons, and property, protection of; religious privileges; burials, 29: (14) Ratifica- tions, 29. AUSTRIA, Treaty of commerce and navigation : Concluded August 27, 1829 ; Ratification ad- vised by Senate February 10, 1830 ; Ratified by President February 11, 1830 ; Exchange of ratifications advised by Senate February 3, 1831 ; Ratifications exchanged at Wash- ington February 10, 1831 ; Proclaimed February 10, 1831. (8 St. at L., 398.) (1) Liberty of trade established, 31: (2) Tonuage duties, &c, 31: (3) Duties on im- ports, 32: (4) Stipulations in first three articles mutually applicable, 32: (5) "Most favored nation" clause, 32: (6) Duties, bounties, and drawbacks on ex- ports, 32 : (7) Coasting trade, 33 : (8) Vessels of the parties to be equally favored in purchases, 33 : (9) If future favors be granted to any nation, to be common to the parties, 33 : (10) Consuls, &c., 33 : (11) Individuals may remove or dispose of their property ; property of persons dying; this article not to derogate from the laws of Austria to prevent emigration, 33: (12) Duration of the treaty, 34: (13) Ratifications, 34. Convention relative to disposal of property, &c, extending certain stipu- lations of treaty of August 27, 1829 : Concluded May 8, 1848 ; Ratification advised by Senate February 13, 1850; Ratified by President February 15, 1850 ; Ex- change of ratifications advised by Senate February 13, 1850; Ratifications exchanged at Washington February 23, 1850 ; Proclaimed February 25, 1850. (9 St. at L., 944.) (1) Reciprocal privileges of acquiring and inheriting property to be enjoyed, 35: (2) Real property, disposal of, 35 : (3) Property of absent heirs to be taken care of, 35 : (4) Consuls, &c. ; cases of difference between masters of vessels and their crews ; deserters, 36 : (5) Duration of treaty, 36 : (6) Ratification, 37. Convention for extradition of criminals: Concluded July 3, 1856; Ratification adcised by Senate, xvith amendment, August 13, 1856 ; Ratified by President Decem- ber 12, 1856; Ratifications exchanged at Washington December 13, 1856; Proclaimed December 15, 1856. (11 St. at L., 691.) SYNOPTICAL INDEX AUSTRIA-HUNGARY-BAVARIA. 1115 Convention for extradition of criminals, 1856— Continued. (1) Provision for extradition of criminals; evidence; expenses, 38: (2) Not to apply to citizens nor retrospectively, nor to political offences, 38: (3) Criminal may be retained, 38 : (4) Duration of treaty, 38 : (5) Ratifications; date, 39. ACSTKO-HUNGARIAtf MOSABCHY. Convention relative to rights, &c, of Consuls: Concluded July 11, 1870; Sali- fication, advised by Senate December 9, 1870 ; Ratified bi. President December 19 1870 • lime for exchange of ratifications extended by Senate May 12, 1871 ; Ratifications ex- dianged at Washington June 26, 1871 ; Proclaimed June 29, 1871. (17 St. at L. 821 ) (1) Consuls, &,&., may be appointed, and at what places ; exequatur and its effect ■ \\ ™S hU °{ Consuls-General, &c, being citizens of the State which ap- points them ; rights of same under other circumstances, 40 : (3) Testimony how to be given, 40: (4) Consuls, &c, may hoist flag over the chief entrance of their - omces, 40: (o) Consular archives inviolable, 41 : (6) Event of death or absence of . Consul, 41 : (7) Power of Consuls to appoint Vice-Consuls, &c, 41 : (8) Applica- t tion of Consuls, &c, to authorities, 41 : (9) Power of Consuls, &c, to receive and verify certain papers, &c, 41 : (10) Powers of Consuls, &c, in respect to the vessels of their nation, and their officers and crews, 42: (11) Settlement of disputes between- masters and cfews, 42 : (12) Deserters, arrest of, &c, 43 ■ (13) Damages suffered by vessels at sea, 43 : (14) Salvage of wrecked vessels, 43: (15) " Most favored nation " clause, 44 : (16) Death of citizens of one country in the other to be made known to Consuls, 44 : (17) Duration of convention, 44. CoNVENTipN relative to NATURALIZATION: Concluded September 20, 1870; Ratification advised by Senate March 22, 1871"; Ratified by President March 24, 1871; Ratifica- tions exchanged at Vienna July 14, 1871 ; Proclaimed August 1, 1871. (17 St. at L., 833.) (1) What constitutes naturalization, 45 : (2) Offences committed before naturaliza- tion; violation of laws relative to military duty, 45: (3) Convention of 3d July, 1856, and 8th of May, 1848, for extradition of fugitives from justice and other purposes, not affected, 46 : (4) Citizenship in original country, how recovered, 46 : (5) Duration of convention, 46 : (6) Ratifications, 46. AUSTKO-HUSTSAKIABf EMPIRE. Convention relative to trade-marks : Concluded November 25, 1871 ; Ratification advised by Senate January 18, 1872 ; Ratified by President January 27, 1872 ; Ratifi- cations exchanged at Vienna April 22, 1872 ; Proclaimed June 1, 1872. (17 St. at L., 917.) ' ^ (1) Trade-marks used in one country forbidden in the other country, 906 : (2) Own- ers of trade-marks, &c, wishing to secure their rights, 908 : (3) Arrangement to take effect and to continue, how long, 906 : (4) Ratifications, 906. BABEST. Convention for extradition of criminals : Concluded January 30, 1857 ; Ratification advised by Senate March 12, 1857 ; Ratified by President March 23, 1857 ; Ratifications exchanged at Berlin April 21, 1857 ; Proclaimed May 19, 1857. (11 St. at L., 713.) (1) Persons charged with murder and certain other crimes to be delivered up, 47 : But not for political offences, 47 : Expense borne by party making requisition, 48 : (2) Citizens or subjects of either party not to be delivered up, 48 : (3) Pugitjve shall first answer for any crime committed in State to which he has fled, 48: (4) Convention to continue until 1860. 48. Convention relative to naturalization : Concluded July 19, 1868 ; Ratification ad- vised by Senate April 12, 1869 ; Ratified by President April 18, 1869 ; Ratifications ex- changed at Berlin December 7, 1869 ; Proclaimed January 10, 1870. (16 St. at L., 731.) (1) Where native citizens of one country are to be treated as citizens of the other, 49 : (2) Answerable for offences committed before emigration, especially a Badener for non-fulfilment of military duty ; if he has emigrated before enrolment ; or while in service under the flag, or while on leave of absence, 49 : Or by any other act transgressed military duty, 50: (3) Renunciation of naturalization, 50 : (4) Recovery of citizenship in original country, 50 : (5) Duration of convention, 50 : (6) Ratification, 50. BAVAKIA. n Convention for abolition of droit d'aubaine and taxes on emigration : Con- ' eluded January 21, 1845; Ratification advised by Senate, with amendment, March lb, 1845 ; Ratified by President March 18, 1845 ; Ratifications exchanged at Berlin No- vember 4, 1845 ; Proclaimed August 15, 1816. (9 St. at L., 826.) 1116 SYNOPTICAL INDEX BELGIUM. Convention for abolition of droit d'aubaine and taxes on emigration, 1845 — Continued. (1) Droit d'aubaine and taxes on emigration, 51 : (2) Heirs to real property alio wed to'sell the same, 51 : (3) Citizens of either party allowed to dispose of their per- sonal property by will or otherwise, 52 : (4) Property of absent heirs to be taken care of, 52 : (5) Disputes concerning inheritances to be settled according to local law, 52 : (6) Bavarian laws against emigration not derogated by this conven- tion, 52 : (7) Ratification, 52. Convention for extradition of criminals : Concluded September 12, 1853 ; Ratifica- tion advised by Senate, with amendment, July 12, 1854 ; Ratified by President July 24, 1854; Ratifications exchanged at London November 1, 1854; Proclaimed November 18, 1854. (10 St. at L., 1022.) ■ (1) Persons accused of murder and certain other crimes to be surrendered; but upon such evidence as would be sufficient to hold in place where arrested, 53 : And at expense of power making demand, 54 : (2) Treaty to extend to" other German States who accede, 54 : (3) Parties not bound to deliver their own citi- zens or subjects, 54 : (4) To be first held to answer for new crimes committed in country to which they have fled, 54 : (5) Convention to last until January. 1, 1858, and afterwards to depend on twelve months''notice, 54 : (6) Ratification, 54. Treaty relative to naturalization and for extradition of criminals : Conclud- ed May 26, 1868; Ratification advised by Sennte-June 29, 1868 ; Ratified by President July 17, 1868 ; Ratifications exchanged at Munieh September 18, 1868 ; Proclaimed October 8, 1868. (15 St. at L„ 661.) (1) When native citizens of either State to. be held citizens of the other; declara- tion of intention not to have effect of, 55 : (2) Citizens to be held answerable for crimes committed before emigration, subject to limitations fixed by law of native country, 55 : (3) Convention of 1853 for extradition of criminals to re- main in force, 55 : (4) May renounce naturalization and resume original nation- ality, 55, 56 : (5) Convention to continue in force ten years, afterwards twelve months' notice to be given, 56 : (6) Ratification, 56. Protocol explanatory to foregoing treaty : Concluded May 26, 1868 . (1) What is required to constitute a naturalized citizen, 56: (2) Not to be held liable to punishment for emigration, 57 : (3) Rights as to resident aliens ; mean- ing of permanent residence ; recovery of former citizenship ; to have free choice to resume former nationality, 57. BELGIUM. Treaty of commerce and navigation: Concluded November 10, 1845; Ratification advised by Senate March26, 1846; Ratified by President March 30, 1846 ; Ratifications exchanged at Washington March 30, 1846 ; Proclaimed March 31, 1846. (8 St. at L., 606.) (1) Freedom of commerce between the two countries ; same duties to be paid by citizens of either, 58 : (2) Belgian vessels shall pay no other or higher duties of tonnage than are paid by vessels of the United States, 58, 59 : (3) Vessels of the United States to pay no higher duties in ports of Belgium than are paid by Belgian vessels, 59 : (4) Restitution of Scheldt duties, 59 : (5) Certain steam-ves- sels exempt from duties, 59 : (6) Coasting trade, 59 : (7) Articles from the soil or industry of Belgium to pay no higher duties when imported in Belgian vessels than if imported in vessels of the United States ; reciprocal as to goods from the United States, 59 : (8) Goods imported in Belgian vessels to pay no higher duty than if imported in vessels of most favored nation ; reciprocal to vessels of the United States, 60 : (9) Exportation by Belgian or United States vessels, 60 : (10) Premiums, drawbacks, &c, allowed upon goods imported directly from one of the two countries, 60 : (11) Provisions of article 10 not to apply to salt, 60 : (12) Passport or sea-letter to be proof of nationality, 60 : (13) Parts of the car- goes of vessels may remain on board without charge, 60 : (14) Imported goods deposited in warehouses to pay no warehouse charges other than those imported • in vessels under the flag of the country, 60, 61 : (15) Privileges granted to any other State to become common to citizens of both States ; duties to be the same as those levied on goods of any other foreign country, 61 : (16) Assistance in case of shipwreck, 61 : (17) Consuls and vice-consuls, deserters, and certain seamen exempt from these provisions, 61 : (18) No transit duties chargeable on goods from the United States, 61, 62 : (19) Treaty to remain in force ten years and until twelve months after notice, 62 : (20) Ratification, 62. Treaty of commerce and navigation: Concluded July 17, 1858 ; Ratification advised by Senate March 8, 1859 ; Ratified by President April 13, 1859 ; Ratifications exchanged at Washington April 16, 1859 ; Proclaimed April 19, 1859. (12 St. at L., 1043.) (1) Commerce and navigation free to both countries ; favors to be common to both, 63 : (2) Belgian vessels to pay no higher duties in the ports of the United States than United States vessels, 63 : (3) Privileges of above article to be reciprocal SYNOPTICAL INDEX BOLIVIA. '1117 Treaty of commerce and navigation, 1858— Continued. towards vessels of the United States, 63: (4) Certain steam-vessels to be exempt from duties in both countries, 63 : (5) Privilege of most favored nation as to coasting trade, 63 : (6) Duties on same ; imports to be the same if imported under either flag, 64 : (7) Same reciprocity as to export duties, 64 : (8) No dis- criminations as to premiums and drawbacks, 64 : (9) Provisions of article 8 not to apply to salt or fish, 64 : (10) Passport or sea-letter to determine vessels' nationality, 64 : (11) No duties on parts of cargoes remaining on board, 64 : (12) No discrimination in warehouse charges, 64 : (13) " Favored nation" clause, 65 : (14) Assistance in shipwreck, 65 : (15) Consuls and vice-consuls ; deserters, 65 : (16) Exemption from transit duties on Belgian railroads, 65 : (17) Treaty to con- tinue ten years and until twelve months after notice, 66 : (18) Ratification, 66. Convention relative to import duties and capitalization of Scheldt dues : Concluded May 20, 1863; Ratification advised by Senate February 2C, 1864; Ratified by President March 5, 1864 : Ratifications exchanged at Brussels June 24, 1864 ; Pro- claimed November 18, 1864. (13 St. at L., 647.) (1) Tonnage duties in Belgian ports to cease ; fees for pilotage reduced, 66 : (2) Flag of the United States same as Belgian flag for salt transportation, 67 : (3) * Regulation of import duties, 67 : (4) Capitalization of Scheldt dues, 67 : (5) Arti- cles 1 and 4 perpetual, 68. Treaty relative to extinguishment of Scheldt dues : Concluded July 20, 1863 ; Ratification advised by Senate February 26, 1864 ; Ratified by President March 5, 1864 ; Ratifications exchanged at Brussels June 24, 1864 ; Proclaimed November 18, 1864. (13 St. at L., 655.) , (1) Extinguishment of Scheldt dues, 69 : (2) Same subject, 69 : (3) Tonnage, local taxes, pilotage, 69 : (4) Proportion of Uaited States, 69 : (5) Execution of this treaty, 69 : (6) To what article 3 applies, 70 : (7) Ratification, 70 : Treaty be- tween Belgium and Netherlands annexed to this treaty, 70. Convention relative to naturalization : Concluded November 16, 1868 ; Ratification advised by Senate April 12, 1869, Ratified by President April 18, 1869 ; Ratifica- tions exchanged at Brussels July 10, 1869; Proclaimed July 30, 1869. (16 St. at L., 747.) (1) When native citizens of one country to be treated as citizens of the other, 73: (2) Liability for crimes committed before naturalization, 73 : (3) Not liable for military service after five years' residence in adopted country, 73: Except for desertion, 73 : (4) May recover original nationality according to laws of original country, 73 ; (5) Convention to continue ten years, and afterwards terminate on six months' notice, 73: (6) Ratification, 74. Convention relative to rights, &c, of Consuls : Concluded December 5, 1868 ; Ratifica- tion advised by Senate April 12, 1869 ; Ratified by President April 18, 1869 ; Ratifi- cations exchanged at Brussels July 8, 1869; Exchange of ratifications consented to by Senate March 2, 1870 ; Proclaimed March!, 1870. (16 St. atL., 757.) (1) Liberty of appointing consuls, 74 : (2) When consular officers are entitled to rights as such, 74 : (3) Exemption from arrest, 74 : (4) Consuls as witnesses ; when must appear in court, 75 : (5) Right to hoist flag, 75 : (6) Archives inviola- ble, 75 : (7) Acting consuls, right of, 75: (8) Vice-consuls and consular agents, rights of, 76: (9) Complaints by consuls of infraction of treaties, &c, 76: (10) Right to take depositions, 76 : (11) Right as to merchant-vessels of their na- tions, 76: (12) Duties as to deserters from ships of their nations, 76: (13) Dam- ages suffered at sea by vessels ; how settled, 77 : (14) Conduct in relation to salvage of wrecked vessels, 77 : (15) Death of citizens, 77: (16) Treaty to con- tinue ten years, and afterwards twelve months' notice, 78. Additional article to treaty of commerce and navigation of July 17, 1858, rel- ative to trade-marks : Conoluded December 20, 1868 ; Ratification advised by Senate April 12, 1869 ; Ratified by President April 18, 1869 ; Ratifications exchanged at Brussels June 19, 1869 ; Proclaimed July 30, 1869. (16 St. at L., 765.) (1) Prohibition against counterfeiting; where to be lodged; trade-marks that have become public property. BOLIVIA. [See " Notes," Title ''Abrogated, Suspended, or Obsolete Treaties."] Teeaty of friendship,, commerce, and navigation : Concluded May 13, 1858 ; Rati- fication advised by Senate, with amendment, June 26, 1860 ; Amendments proposed by Constituent National Assembly of Bolivia consented to by Senate, and time for exchange of ratifications extended, February 3, 1862; Ratified by President February 17, 1862; Ratifications exchanged at La Paz November 9, 1862 ; Proclaimed January 8, 1863 (12 St. atL., 1003.) „,„,„. (1) Peace and friendship, 80 : (2) Rights of most favored nations, 80 : (3) Reciprocal liberty of commerce and navigation, 81: Provision as to taxes, 81 ■: Examina- 1118 SYNOPTICAL INDEX BORNEO-BRAZIL. Treaty of friendship, commerce, and navigation, 1858 — Continued. tion of books and papers, 81 : Coasting trade, 81 : Right of unrestrained travel, 81 : (4) No discrimination to be made between the vessels of the two countries relative to importations or exportatiqns, 82 : (5) What to be considered Bolivian vessels, 82: (6) Duties on imports and exports to be the same as on like articles to and from other countries, 82 : (7) Treatment of citizens of one country residing in the o'ther, 83 : (8) Steam-vessels between ports of Bolivia, 83 : (9) Citizens of either nation seeking refuge in ports of the other, 83: (10) Vessels wrecked or damaged, 83 : (11) Captures by pirates, 84 : (12) Disposal of personal property and succession thereto, 84: (13) Citizens of each nation to be protected, 84 : (14) Religious freedom ; rights of burial, 84 : (15) Freedom of navigation, 85 : (16) Free ships make free goods, 85 : (17) Contraband of war, 85 : (18) Property not enumerated as contraband to be free, 86 : (19) Contraband articles found in vessels may be confiscated, 86 : (20) Blockade, 86 : (21) Examination of ships and cargoes, 86: (22) Sea-letters and passports, 87: (23) Vessels under convoy, 87 : (24) Prize cases, what courts to take cognizance of, 87 ; (25) No letters of marque to act as privateers, 87 : (26) Free navigation of Amazon and La Plata, 88 : (27). Navigation of tributaries of above rivers, 88 : (28) Privileges in case of war, 88: (29) Debts, &c, not to be confiscated, 89.: (30) " Most favored nation" clause, 89: (31) Consuls and vice-consuls, 89: (32) Credentials and exequatur, 89: (33) Exemption of cousuls, &c., 83: (34) Deserters from vessels, 90' : (35) Con- sular convention, 90 : (36) Duration of treaty, 90: Infringement of treaty by citizens, 90 : Violation of any article, 90 : Treaty shall not conflict with existing treaties, 91 : Ratifications, how to be exchanged, 91. BORNEO. Treaty of peace, friendship, and good understanding : Concluded June 23, 1850 ; Ratification advised and time for exchange of ratifications extended by Senate June1%, 1852; Ratified by President January 31, 1853 ; Ratifications exchanged at Bruni July 11, 1853 ; Proclaimed July 12, ln54. (10 St. at L., 909.) (1) Peace and friendship declared, 92 : (2) Reciprocal liberty of trade, 92 : (3) Safety of person and property secured, 92 : (4) Imports and exports, 92 : (5) Duties, 93 : (6) Exports from Borneo, no duty upon, 93: (7) Ships of war, 93: (8) Wrecks, protection to property and persons, 93 : (9) Trial of cases where American citi- zens are concerned, 93 : Ratifications, 93. Treaty of peace, friendship, commerce, and navigation : Concluded December 12, 1828; Ratification advised by Senate March 10, 1829: Ratifications exchanged at Washington March 18, 1829 ; 'Proclaimed March 18, 1829'. (8 St. at L., 390.). (1) Peace to be established, 94 : (2) Parties on the footing of the most favored na- tions, the relations between Brazil and Portugal excepted, 94 : (3) Free inter- course, coasting trade excepted, 95 : (4) Vessels of both countries on the same footing as to the importation of foreign goods into either country ; same as to 'exportation; what vessels to be considered Brazilian, 95: (5) Duties on imports and exports, 95 : (6) All merchants and the business of merchants placed on the most favored footing, 96 : (7) Citizens and subjects to be secured from detention, and to be indemnified if detained, 96 : (8) Vessels in distress, 96 : (9) Property captured by pirates to be restored, 96 : (10) Assistance in case of shipwreck, 96 : (11) Provision as to personal property ; real property, 97 : (12) Special protection to persons and their property, 97 : (13) Liberty of conscience, 97 : (14) Free ships make free goods, contraband goods excepted ; free ships to make free persons, unless officers and soldiers of the enemy, 97: (15) Qualification as to the princi- ple that free ships make free goods, 98: (16) Contraband goods, 98: (17) All other merchandise free, 99 : (18) Contraband goods subject to forfeiture; if arti- cles contraband shall be delivered up, the vessel not to be detained, 99 : (19) Blockades, 99 : (20) Examinations of vessels, 100 : (21) Vessels to be provided with certain papers, 100 : (22) Vessels under convoy, 100 : (23) Prize courts to take cognizance of prizes, 100 : (24) Letters of marque not to be accepted to take part in war between either of tbe parties hereto and other powers, 101 : (25) Provisions in case of war between the parties, 101 : (26) No debts, &c, to be for- feited, 101 : (27) Immunities of public agents, 101 : (28) Cousuls, 101 : (29) Exe- quaturs to be given to cousuls, 102 : (30) Privileges of consuls, 102 : (31) Desert- ers from vessels, 102: (32) A consular convention to be established, 102: (33) The treaty to be in force for twelve years ; offences of citizens not to affect the . relations of the parties to this treaty ; proceedings on infractions of this, treaty ; treaty not to operate contrary to the former treaties with other powers; ratifica- tions to be exchanged in nine months r 103. SYNOPTICAL INDEX — BREMEN-CENTRAL AMERICA. 1119 Convention relative to claims of citizens op the United States against the government of Brazil: Concluded January 27, 1849; Ratification advised by Senate January 14, 1850 ; Ratified, by President January 18, 1850; Ratifications ex- changed at Hashmgton January. 18, 1850; Proclaimed January 19, 1850. (9 St. at L., 971.) (1) 530,000 milreis to be placed at the disposition of the President of the United States to settle claims of citizens of the United States against Brazil, 104 : (2) Brazil exonerated from responsibility springing out of aforesaid claims, 105 : (3) Documents -which throw light upon the claims to be furnished to the Govern- ment of the United States, 105 : (4) When and how the sum agreed upon is to he paid, 105 : (5) Same subject, 105 : (6) Ratifications, 105. BREMEN". Declaration of accession of the fbee Hanseatic city of Bremen to the convention of June 16, 1852, with Prussia and other States of the Ger- manic Confedehation, for the extradition of criminals: Signed Septem- ber 6, 1853 ; Ratified by President October 14, 1853 ; Ratifications exchanged at Washington October 14, 1853; Proclaimed October 15, 1853. Declaration of accession, 908. brunswick and euneburs. Convention respecting the disposal of property by citizens of the two con- tracting parties : Concluded August 21, 1854; Ratification advised by Senate, with amendment, March 3, 1855 ; Ratified by President July 10, 1855 ; Ratifications ex- changed at Washington July 28, 1855 ; Proclaimed July 30, 1855. (11 St. at L., 601.) (1) Right of owning and disposing of property; provision for absent heirs, 106: (2) Devisees of heirs of real estate, who as aliens cannot hold, may sell the same, 107 : (3) Duration of this convention, 107. CENTRE OF AMERICA, FEDERATION OF THE. [See "Notes," Title "Abrogated, Suspended, or Obsolete Treaties."'] General convention of peace, amity, commerce, and navigation : Concluded De- cember 5, 1825 ; Ratification advised by Senate December 29, 1825 ; Ratifications ex- changed at Guatemala August 2, 1826 ; Proclaimed October 28, 1826. (8 St. at L., 322.) (1) Peace and friendship established, 108: (2) Parties agree not to grant any pecu- liar favor to other nations in respect to commerce, &c, 108: (3)~The citizens of each may frequent all the coasts, &c, of the other, 108: (4) Further agreement with regard to the produce of each othes, 109: (5) Regulation of duties, 109: (6) Further agreements as to mutual commerce, 109 : (7) Citizens of neither party to be liable to any embargo, J10: (8) Protection in ease of distress or shipwreck, 110 : (9) Ships of either nation captured by pirates to be delivered up to the owners, 110 : (10) Assistance to be given to each other in case of wreck, 110: (11) Citizens of either party may dispose of their personal goods within either of the States, 110 : (12) Protection to the persons and property of the citizens of each country, 111 : (13) Security of conscience to be enjoyed by the citizens of both countries, 111 : (14) Citizens of both countries to sail with their ships with all manner of liberty and security, 111 : (15) Neutral property found on board of enemies' vessels to be considered as enemies' property ; the flag of the neutral does not protect enemies' property, 112 : (16) Liberty of navigation and commerce to extend to all kinds of merchandise except certain articles con- traband, 112: (17) All other merchandise not comprehended in the articles enumerated to be free, 112: (18) Articles of contraband to be subject to deten- tion and confiscation, 113 : (19) Agreements in case of blockade, 113 : (20) Reg- ulation of visits at sea, 113 : (21) Course to be pursued to avoid vexation in the examination of papers, 113 : (22) Farther agreement as to examination of vessels, 114 : (23) Prize causes, 114 : (24) War, 114 : (25) Agreement in case of war be- tween the two nations as to the removal of property and citizens, &o., 114 : (26) Debts not to be sequestered in case of war, 115 : (27) Official intercourse, 115 : (28) Consuls and vice-consuls, 115: (29) Privileges of consuls, 115: (30) Persons attached to the service of consuls, 115: (31) Power of consuls respecting desert- ers, 116: (32) Commerce and navigation, 116: (33) Present treaty to remain in force twelve years, &c. : infringement of the treaty ; no reprisals of breach of treaty except after complaints of injuries, &c. ; treaty not to be construed to operate contrary to former public treaties with other sovereigns or States; ap- proval and ratification of the treaty, 116, 117. 1120 SYNOPTICAL INDEX — CHILI-CHINA. CHILI. [See "Notes," Title "Abrogated, Suspended, or Obsolete Treaties."] General convention op peace, amity, commerce, and navigation : Concluded May 16, 1832; Ratification advised by Senate December 19,. 1832; Ratified by President April 26, 1834; Ratifications exchanged at Washington April 29, 1834; Proclaimed April 29, 1834. (8 St. at L., 434.) (1) Peace and friendship established, 118 : (2) Favors granted to other nations shall become common to both ; exceptions, 118 : (3) Commerce and navigation, coast- ing trade excepted, 119 : (4) Merchants and others free to manage their business, 119 : (5) Indemnification for embargo and detention, 119 : (6) Assistance to be secured to persons in the rivers, ports, &c, from pirates and enemies, 119 : (7) Vessels captured by pirates to be restored, 120 : (8) Protection to vessels, &c, shipwrecked, 120 : (9) Persdnal and real estate may be disposed of and taken by succession, &c, 120: (10) Protection to residents in either country, 120: (11) Liberty of conscience, 121: (12) Free ships make free goods, 121 : (13) Neutral property in enemies' shipB liable to capture, with exceptions, 121,: (14) Contra- band articles, 122 : (15) All articles not enumerated in article 14 to be free, ex- cept to blockaded ports, 122: (16) Contraband articles not to condemn those not . contraband, 122 : (17) Blockade, 123 : (18) Eegulation of visits at sea, 123 : (19) Sea-letters or passports to vessels in case of war, 123 : (20) Vessels under convoy, 124 : (21) Prize courts, 124 : (22) No citizen of either party to enter the service of an enemy of the other, 124 : (23) In case of war between the parties, six months to be allowed to persons residing on the coast, and one year to persons in the interior, to dispose of their property and remove, 124 : (24) Private and public debts shall not be sequestrated or confiscated in case of war, 125 : (25) Public agents on the footing of those of the most favored nations, 125 : (26) Consuls, 125: (27) Consuls must exhibit their commissions, 125: (28) Immuni- ties of consuls, &c, 125 : (29) Consuls may require the aid of the civil authori- ties to arrest deserters; deserters must be sent back within two months, 126 : (30) A consular convention to be formed, 126 : (31) The treaty to be in force for twelve years; individuals to be responsible for infringements; manner of proceeding in case of infringement ; existing treaties not to be affected by this treaty ; this treaty to be ratified in nine months, 126, 127. Additional and explanatory convention to treaty of peace, amity, com- merce, and navigation, of May 16, 1832 : Concluded September 1, 1833 ; Ratifica- tion advised by Senate April 24, 1834 ; Ratified by President April 26, 1834 ; Ratifica- tions exchanged at Washington April 29, 1834 ; Proclaimed April 29, 1834. (8 St. at L., 456.) The treaty of May 16, 1832, to be carried into effect, notwithstanding the ratifica- tions were not exchanged in the time limited, 127-8 : (1) Stipulations of the second article, how to be understood, 128 : (2) Understanding of tenth article, 128 : (3) Slaves not comprehended in twenty-ninth article, 128 : (4) Ratification, 128, 129. Convention relative to arbitration of the Macedonian claims : Concluded Novem- ber 1 0, 1858 ; Ratification advised by Senate March 8, 1859 ; Ratified by President August 4, 1859 ; Ratifications exchanged at Santiago October 15, 1859 ; Proclaimed December 22, 1859. (12 St. at L., 1083.) . Enumeration of claims to be settled, 129 : Matter in dispute to be submitted to the King of Belgium, 129 : Points for arbiter to decide, 130 : Proof upon which the umpire is to decide, 130. china. ISee "Notes," Title "Abrogated, Suspended, or Obsolete Treaties."'] Treaty of peace, amity, and commerce : Concluded July 3, 1844 ; Ratification advised by Senate January 16, 1845 ; Ratified by President January 17, 1845 ; Ratifications exchanged at Pwan Twang December 31, 1845 ; Proclaimed April 18, 1846. (8 St. at L., 592.) (1) Peace and amity established between the United States and China, 131 : (2) • Cilizens of the United States trading with China to pay the duties prescribed, in the tariff; fees and charges wholly abolished; modification of the tariff, how to be made; additional advantages, if hereafter granted or extended to any other nation, to be enjoyed by the United States, 131 : (3) Ports which may be frequented by citizens of the United States who may reside there ; vessels of the United States not to trade at any other port; penalty, 131 : (4) United States may appoint consuls ; protection of consuls and other officers of the United States, 132: (5) Privileges of trading at. the ports named given to citi- zens of the United States, 132 : (0) Papers of vessels of the United States to be SYNOPTICAL INDEX CHINA. 1121 Treaty of peace, amity, and commerce, 1844— Continued. left with the consul; tonnage duties to be paid in full of all former rates and charges; no additional tonnage duties to be paid on vessels going from one port to a,nother, 132: (7) No tonnage duties to be laid on boats belonging to citizens of the United States; duty on cargo goods, 132: (8) Citizens of United States may engage pilots, and may hire servants, 133: (9) Custom-house officers to be appointed to guard the vessels of the United States on arrival, &c, 133: (10) Proceedings of vessels of the United States on their arrival in China ; penalties for discharging vessels without a permit ; vessels depart- ing within forty-eight hours uot to be subject to tonnage or other duties, 133 ; (11) Appointment of officers to ascertain duties to be paid on goods imported. Disputes as to amount of duties, where and how settled, 134: (12) Standards of weights and measures, 134 : (13) When tonnage and other duties shall be paid ; duties to be paid in sychee and silver, or in foreign money .at the current rate of exchange, 134 : (14) Regulation for transshipment of goods from one vessel of United States to another, 134 : (15) Citizens of United States may trade with any.aud all citizens of China; not to be subject to any new limitation, &c, 134 : (16) Chinese Government not responsible for debts due by its Government ; debts due by citizens of the United States to_subjects of China, 135: (17) Citi- zens of United States residiug at any of the five ports may obtain proper accom- modations, &c. ; at places of anchorage, &c, merchants may pass and repass in the immediate vicinity ; no excursions iuto the country, &c. ; preservation of the public peace, 135 : (18) Persons may be employed to teach the languages in any part of the empire ; citizens of the United States may buy any manner of books, 135: (19) Citizens of United States to be specially protected by the local authorities ; riots and attacks on their houses to be prevented by military force, and rioters punished, 138: (20) Re-exportation of goods imported into China by citizens of the United States to other permitted ports; frauds on the Government of China, 136: (21) Criminal acts by subjects of China to be pun- ished by the Chinese ; citizens of the United States committing crimes to be punished by the consul according to the laws of the United States, 136 : (22) If China should be at war with any foreign nation, the trade of the United States to the five ports not to be molested ; transportation of goods to and from the ports of the belligerents to be allowed, &c. ; proviso, 136 : (23) Consuls of United States to make returns of the trade of United States with the five ports, 137 : (24) Communications with the local officers of China, how to be made ; com- munications from subjects of China, how to be made ; settlement of contro- versies, 137 ; (25) Questions between citizens of United States and China, how to be regulated ; between citizens of United States and others, 137 ; (26) Mer- chant-vessels of United States in the five ports to be under the jurisdiction of the officers of their Government ; robbers and pirates, final, 239: (3) Certifi- cate of amounts awarded, payment, revenues pledged, 239: (4) End of commis- sion, secretary, 239 : C5) Proceedings conclusive as to pending claims ; claims to be presented while commission exists ; dirty of umpire, 240 : (6) Pay of commis- sioners, and of the umpire, 240 ; (7) Ratification, 240. FRANCE. [See "Notes," Title " Abrogated, Suspended, or Obsolete Treaties."] Treaty of alliance: Concluded February 6, 1778; Ratified by Congress May 4, 1778. (8 St. atL., 6.) (1) If war should break out between France and Great Britain, it shall be a common cause, 24 L : (2) The essential and direct object of this alliance is the independ- ence of the United States, 241 : (3) Both parties to make every effort to attain the same, 242 : (4) Concurrence in enterprises, 242 : (5) If United States shall reduce from the British power the northern parts of America, or the Islands of Bermudas, they shall be confederated with or be dependent on the Uuited States, 242 : (6) France relinquishes all claims to the Islands of Bermudas, or any part of North America, 242 : (7) Conquests which shall belong to France, 242 : (8) Neither party to conclude a treaty without the consent of the other, 242 : (9) No claim of compensation after the war, 243 : (10) Agreement to admit other powers to the alliance, 243 : (11) Mutual guaranty, 243 :, (12) Guaranty, when to commence, 243 : (13) Ratification, 243. Treaty of amity and commerce : Concluded February 6, 1778 ; Ratified by Congress May 4, 1778 ; Congress instruct Commissioners to procure abolition of Wthand 12tft articles May 5, 1778 ; llift and VZth articles suppressed September 1, 1778. (8 St. at L., 12.) (1) Peace and friendship between the nations, 244 : (2) Neither party to grant favors to other nations which shall not become common to the other party, 245 : (3) Subjects of the King of France entitled to the same privileges in the United States as the most favored nations, 245 : (4) Citizens of the Uuited States to be SYNOPTICAL INDEX— FRANCE. 1127 Treaty of amity and commerce, 1778— Continued. entitled to the same privileges in the dominions of France as the most favored nations, 24o : (5) Particular exception, 245 : (6) France to protect vessels of the citizens ot the United States in her jurisdiction ; to restore them when cap tared S?e to °onvoythem m certain cases, 245 : (7) The United States to do the same 246 : (8) Ihe King of France to aid the United States to make treaties with the Barbary powers, 246 : (9) Subjects of either party not to fish in the dominions of the other, 246 : (10) Citizens of the United States not to disturb the subjects of France in their right of fishing on the banks of Newfoundland, 246 : (11) Citi- zens ot the United States exempted from droit d'aubaine, and may dispose of their estates ; subjects of France have similar privileges, 247 : Two articles originally agreed to, rescinded, 247 : (12) Ships suspected shall exhibit passports and certificates, 248 : (13) Proceedings in case of contraband goods, 248 : (14) Goods found in an enemy's ship may be confiscated, unless put on board before the declaration of war, or within two months after, 249 : (15) Ships of war and privateers to do no injury to either 'party ; punishment for so doing, and repa- ration to be made, 249 : (16) All merchandise rescued out of the hands of pirates to be restored, 249 : (17) Prizes may be carried into the ports of either party ; no shelter to be given to the captors of prizes taken from either party, 249 : (]8) In case of shipwreck, relief to be given, 250: (19) Vessels in distress, forced into ports of either party, to be protected and permitted to depart, 250 : (20) In case of war six months to be allowed to the citizens or subjects to remove with their effects, 250 : (21) Citizens or subjects of neither party to take commissions or letters of marque from any foreign power or state with whom the other party is •at war, nor act as privateers, 250 : (22) Foreign privateers not to be allowed to he fitted out or to sell their prizes in the ports of the other party, 251 : (23) Lib- erty for either party to trade with a nation at war with the other party ; free ships make free goods, excepting contraband articles, 251 : (24) What goods shall be deemed contraband, 251 ; (25) Ships or vessels to be furnished with sea- letters or passports and certificates, 252 : (26) Vessels coming on the coast, or euteringthe ports of either party, how to be treated, 252 : (27) How vessels are to be' treated if met by ships of war or privateers, 252 : (28) No search after goods are put on board of vessels, except in case of fraud, 253 : (29) Consuls to be allowed in the ports of either party, 253 : (30) Free ports, 253 : (31) Ratifica- tion, 253. Act separate and secret : Concluded February 6, 1778 ; Batified bu Congress Man 4,1778. (17 St. at L., 795.) Reserves right for King of Spain to agree to foregoing treaties, 254 : King of France to exercise good offices with King of Spain, 254. Contract relative to payment of loan : Concluded July 16, 1782 ; Batified by Con- gress January 22, 1783. (8 St. at L., 614.) (1) Amount of different loans, 255 : (2) Repayment of loans, 256 : (3) Abatement of interest, 256 : (4) Interest to diminish in proportion to payments, 256 : (5) Loan made by France in Holland, acknowledged to be for benefit of Uuited States, 256 : (6) Engagement of French King to repay said loan, 257 : (7) Agreement to repay amount of the loan in Holland, 257 : (8) Interest on loan in Hollaud to be paid by United States to France for five years ; ratifications to be exchanged in nine months, 257-258. Contract relative to new loan : Concluded February 25, 1783 : Batified by Congress October 31, 1783. (17 St. at L., 797.) (1) Amount and terms of loan, 259 : (2) Time, place, and mode of repayment of old loan, 259- (3) Time, place, and terms of payment of new loan, 260 : (4) Interest, rate of, and terms of payments, 260 : (5) Interest to diminish in proportion to payments, 260 : (6) Ratifications to be exchanged in nine mouths, 260. Convention relative to consuls, vice-consols, &c. : Concluded November 14. 1788 ; Batificatio'n advised by Senate July 29, 1789 ; 'Batified by President September 9, 1789. (8 St. at L., 106.) ■ (1) Consuls to present commissions and to be entitled to an exequatur, 281 : (2) Priv- ileges of consuls, 261 : (3) Consuls may appoint agents, 261 : (4) Consuls may establish a chancery, 262 : (5) Power and duty of consuls, 262 : (6) Consuls to receive declarations, &c, from captains,, of losses at sea, 263 : (7) Power of con- suls in cases of shipwreck, 263 : (8) Power of consuls respecting vessels of their own nation, 264 : (9) Power of consuls in regard to deserters, and mode of pro- ceeding, 264 : (10) Citizens amenable for crimes to the judges of the country, 264 : (11) How to proceed when offenders withdraw on board their vessels, 264 : (12) Disputes between citizens in a foreign country to be settled by consuls, U0'5 : (13) Tribunals to decide commercial affairs, 265 : (14) Citizens exempted from personal service in places of settlement, 265 : (15) If either party grant greater consular privileges to another nation they shall be common to both, 265 : (16) This convention shall be in force during twelve years, 265. 1128 SYNOPTICAL INDEX — FRANCE. Convention or peace, commerce, and navigation : Concluded September 30, 1800; Ratification advised by Senate, with amendments, February 3, 1801 ; Ratified by Presi- dent February 18, 1801; Ratified by First 1 Consul of France, with Senate's amend- ments, on condition of acceptance of other amendments proposed by Mm, July 31, 1801 ; Ratifications exchanged at Paris July 31, 1801 ; Senate resolved, December 19, 1801, that it considered the convention as fully ratified, and that, as ratified by the First Con- sul of France, it be returned to the President for the usual promulgation ; Proclaimed December 21, 1801. (8 St. at L., 178.) (1) Firm, inviolable, and universal peace between the French Republic and United States of America, 266 : (2) Treaty of 6th of February, 1788, and convention of the 14th November, 1788, abrogated, 266 : (3) Captured public ships to be re- stored, 267 : (4) Captured property, if not definitively condemned, to be restored ; form of the passport to merchant- ships ; proof of captured vessels restored ; proof with respect to cargo ; this article to take effect from the signature of this convention, 267 : (5) Debts due by individuals of either nation may be paid, &c, 268 : (6) Commerce between the parties to be free^ 268 : (7) The citizens of either country to be at liberty to devise their property, and to have the right to take, to give, or devise, without naturalization, 268 : (8) In case of war between the two nations, six months to be allowed to remove property, 268 : (9) No debts to be sequestered or confiscated in case of war, 269 : (10) Commercial agents may be appointed ; agents to act after being furnished with exequatur, 269 : (11) No more duties to be paid than the duties paid by the most favored nation, 269 : (12) Citizens of France and of the United States to be at liberty to trade from enemies' ports to the ports of either country, unless blockaded ; notice of block- ade to be given before capture of vessels, and vessels to be permitted to go to other ports, 269 : (13) Contraband ; vessels laden with contraband goods, and the residue of the cargo, not to be affected by the prohibited goods, 270 : (14) Free ships make free goods ; not contraband, although belonging to an enemy ; per- sons not military to be protected in free ships, 270, : (15) Confiscation of free goods laden on board of an enemy's vessel after war is declared, 270 : (16) Pass- ports to be exhibited, and also certificates of the quality of goods, 271 : (17) In time of war, the ships of a neutral nation to be furnished with passports men- tioned in the fourth article ; if contraband goods found on board are delivered up, the ship may pursue her voyage ; if there is no passport, and other proof of the neutrality of the vessel, then no condemnation ; if the master of a vessel dies, the ship and cargo shall be secure, 271 : (18) Ships of either nation, if exam- ined at sea, boats to be sent, and ships of -war and privateers to remain out of cannon-shot, 272 : (19) Ships under convoy not to be examined, 272 : (20) Receipts to be given for the papers of captured vessels ; sale of captured vessels not to be made without lawful condemnation, 272 : (21) Master, commander, or supercargo, not to be removed ; treatment of crew and passengers, 273 : (22) Prizes to be condemned by established prize courts, 273 : (23) Damages by men-of-war or privateers, to be paid ; commanders of privateers to give security, 273 : (24) Armed vessels and prizes not to pay duty, and not to be examined, 274 : (25) Restrictions on foreign privateers, 274 : (26) Pirates to be prohibited entering the ports of either nation ; the ships and goods taken by pirates to be seized, 274 : (27) The fisheries of either party not to be interfered with; ratifications ex- changed within six months, 274 : Second article of the treaty expunged ; this convention to be in force for ten years, 274 : Ratification by the First Consul of France, declaring the convention to be in force for eight years, 275. Treaty for the cession of Louisiana : Concluded April 30, 1803 ; Ratification ad-, vised by Senate October 20, 1803 ; Ratified by President October 21, 1803 ; Ratifi- cations exchanged at Washington October 21, 1803; Proclaimed October 21, 1803. (8 St. at L., 200.) (1) Recital of the French treaty with Spain, of October 1, 1800 ; retrocession- from Spain to France of the province of Louisiana; cession of Louisiana to the United States, -276: (2) Islands, &c, included in the cession by the preceding article, 276 : (3) Inhabitants of the ceded territory incorporated with the Union of the United States upon certain principles, 276: (4) Commissary to be sent from France to receive the province of Louisiana and pass it over to the United States, 276 : (5) When the commissaries of the United States shall have posses- sion, 276 : (6) United States to execute certain Indian treaties agreed upon be- tween Spain and the Indians, 277: (7) Vessels of France and Spain ladeu with the productions of their respective countries entitled to the same privileges with vessels of the United States, during the space of twelve years ; no other vessels entitled to the same privilege during the said period, 277 : (8) After the expiration of twelve years vessels of France to be on the footing of the most favored nations, 277 : (9) The convention providing for the payment of debts to citizens of the United States to be ratified when this treaty is ratified ; anotber convention to be ratified at the same time, 277-278 : ( 10) Ratifications to be ex- changed within six months, 278. SYNOPTICAL INDEX FRANCE. 1129 Convention for payment of sixty millions of francs by the United States : Concluded April 30, 1803 ; Ratification advised by Senate October 20, 1803; Rat- . ified by President October 21, 1803 ; Ratifications exchanged at Washington October 21, 1803 ; Proclaimed October 21, 1803. (8 St. at L., 206.) (1) United States engage to pay sixty millions of francs to France, &c, 278 : (2) A stock to be created equal to sixty millions of francs, &c.; when the first pay- ment shall be made ; French government selling stock in Europe, to do it upon ' the best terms for the United States, 279 : (3) Value of the dollar of the United States fixed ; ratifications to be exchanged in six months, 279. Convention for payment of sums due by France to citizens' of the United States : Concluded April 30, 1303 ; Ratification advised by Senate October 20, 1803 ; Ratified by President October 21, 1803 ; Proclaimed October 21, 1803. (8 St. at L., 208.) (1) Debts due from France to citizens of the United States to be paid according to fixed regulations, 280 : (2) Debts provided for by the preceding article, 280 : (3) How the said debts are to be paid, 280.: (4) What debts are comprehended by the preceding articles, 280 : (5) To what cases they are particularly to apply, 280 : (6) Ministers plenipotentiary of the United States to appoint commission- ers to examine claims provisionally, 281 : (7) To examine the claims, &o., and to certify those which ought to be admitted, 281 : (8) To examine those not pre- pared for liquidation, 281 : (9) The debts to be discharged at the treasury of the United States With interest, 281 : (10) Commercial agent of United States at Paris to assist in the examination of claims, &c; rejection of a claim to exempt the United States from paying it, 281: (11) Decisions to be made in one year, and no reclamations afterwards, 282 : (12) Claims' since 30th September, 1800, may be pursued, and payment demanded, 282 : (13) Ratifications to be exchanged in six months, 282. Convention of navigation and commerce : Concluded June 24, 1822 ; Ratification ■advised by Senate January 31, 1823 ; Ratifications exchanged at Washington February 12, 1823 ; Proclaimed February 12, 1823. (8 St. at'L., 278.) (1) Articles, produce, &c, of the United States, imported in American vessels, to pay duties as if imported in French vessels, 287 : (2) Articles, produce and manu- factures of France, imported in French vessels, to pay duties as if imported in vessels of the United States, 287 : (3>Goods for transit or exportation not to pay a discriminating duty in either country, 287 : (4) Quantities composing the ton of mercBandise of wines, brandies, silks, and dry-goods, cotton, tobacco, ashes, rice, &c., 287 : (5) Duties of tonnage, &c, not to exceed in France five francs per ton on American vessels, 288 : (6) Consuls and vice-consuls of either nation in the other may cause the arrest of deserters, and detain them for three months, 288 : (7) Convention to be in force two years from October 1, 1822 ; extra duties at the end of two years to be diminished by one-fourth, and so from year to year, &c, 288 : '(8) Convention to be ratified in one year, 289 : Separate article, 289 : Extra duties levied on either side to be refunded, 289 : Separate article, ex- tra duties, 289. Convention relative to claims and duties on wines and cottons : Concluded July 4, J 831 ; Ratification advised by Senate January 27, 1832; Ratified by Presi- dent February 2, 1832 ; Ratifications exchanged at Washington February 2, 1832 ; Proclaimed July 13, 1832. (8 St. at L., 430.) (1) Indemnity to American citizens, 290 : (2) Payments, 290 : (3) Indemnity to the French government, 290 :' (4) Payments, 290 : (5) Other claims by citizens of either nation may be prosecuted in the respective countries before competent tribunals, 291 : (6) Reciprocal agreement to communicate documents, 291 : (7) Duties on French wines; reclamations under the eighth article of the treaty ot Louisiana abandoned in consideration of the stipulations as to duty on French wines, 291 : (8) Ratifications to be exchanged within eight months, 291. Convention for f-xtradition of criminals : Concluded November 9, 1843 ; j^fff- tion advised by Senate February 1, 1844; Ratified by President February Z,Wii-, Ratifications exchanged at Washington, April 12, 1844 ; Proclaimed April 13, 1844. (1) Person's accused 'of crimes to be given up to justice, 292 : (2) Persons delivered up must be charged with certain specified crimes, 292 : (3) Surrender by whom to be made, 292 : (4) Expenses to be borne by the party making requisition ^: ' (5) Not to apply to crimes heretofore committed, or political offences, 293 : ,b) This convention to continue till abrogated ; ratifications to be exchanged with- in six months, 293. „ „.,, „„„„„„„„ Additional article to convention of November 9, 1843, for extradition of crimi- nals : Concluded February 24, 1845 ; Ratification advised by Senate March 12, 1845 , Ratified by President May 5, 1845 ; Ratifications exchanged at Paris June 21, 1845, Proclaimed July 24, 1845. (8 St. at L., 617.) ■,.-,-, A ■ r , „.„„;.;„„ „f Art. The crimes of robbery and burglary defined and included in the provision of treaty of November 9, 1843, 293. 1130 SYNOPTICAL INDEX — GERMANY-GREAT BRITAIN. Convention relative to rights, &c, op consuls : Concluded February 23, 1853 ; Rat- ification advised by Senate, with amendments, Marcfi 29, 1853 ; Ratified by President April 1, 1853 ; Ratifications exchanged at Washington August 11, 1853 ; Proclaimed August 12, 1853. (10 St. at L., 992.) (1) Exequaturs, 294 : (2) Immunities and privileges of consuls, &c; how evidence of consul to be taken ; consular pupils ; provision in case of death of consular offi- cer, 294-295 : (3) Immunities of their offices, dwellings, and papers, 295 : (4) Complaints of infraction of treaties, 295 : (5) Vice-consuls and consular agents, 295 : (6) To receive protests ; copies of such papers authenticated by thera to be received as evidence, 295-296 : (7) Right to hold property, 298 : (8) To have cognizance of disputes between captains, officers, and crews of their own nation, 296 : (9) Deserters ; Consuls' right to aid from local authorities, 297 : (10) Protests relative to injuries received at sea, 297: (11) Salvage, 297 : (12) Consuls' immu- nities, 298 : (13) Duration of convention, 298. Additional article to convention op November 9, 1843, por extradition op crim- inals, and to additional article theeeto op February 24, 1845 : Concluded February 10, 1858; Ratification advised by Senate, with amendment, June 15, 1858; Ratified by President June 28, 1858 ; Ratifications exchanged at Washington Febru- ary 12, 1859 ; Proclaimed February 14, 1859. (11 St. at L., 741.) Article adds forgery, uttering counterfeit coin or bank-notes, embezzlement by em- ployees, 298-299. Convention relative to trade-marks : Concluded April 16, 1869 ; Ratification advised by Senate April 19, 1869 ; Ratified by President April 30, 1869; Ratifications exchanged at Washington July 3, 1869 ; Proclaimed July 6, 1869. (16 St. at L., 771.) (1) Counterfeiting trade-marks, right of action for, in courts, 299 : (2) Where trade- marks to be deposited, 299 : (3) When convention to take effect, duration, 299 : (4) Ratifications, 300. GERMAN EMPIRE. Convention relative to rights, &c, op consuls and to trade-marks : Concluded December 11, 1871 ; Ratification advised by Senate January 18, 1872; Ratified by Pres- ident January 26, 1872 ; Protocol advised by Senate April 24, 1872 ; Protocol agreed to and ratifications exchanged at Berlin April 29, 1872 ; Proclaimed June 1, 1872. (17 St. atL., 921.) (1) Consuls to be received, 302: (2) Reception, form of ; exequatur, withdrawal of, 302: (3) Rights of consuls, free from arrest, except liability, if doing business, 303 : (4) May have national arms over door, 303 : (5) Archives inviolable and dwell- ings, but not to be used as place of refuge, 303 : (6) Death of consul, who to act in case of, 303 : (8) Right to apply to local authorities for redress and informa- tion, 304 : (9) May take depositions, verify wills of countrymen ; papers receiv- able as evidence, 304 : (10) Death of countrymen, succession, duties, 305 : (11) Cousul take charge of effects of deceased sailors, 305 : (12) Rights in respect to vessels of their nation; merchant- vessels not to be searched, without notice, 305 : (13) Jurisdiction in disputes between officers and crews of vessels, 305 : (14) De- serters, duty as to, 306 : (15) Damages suffered by vessels, 306 : (16) Wrecked vessels, duty as to, 307: (17) Trade-marks, 307: (18) Duration of convention; ratifications, 307. GREAT BRITAIN. tSee "Notes" Title "Abrogated, Suspended, or Obsolete Treaties. ] Provisional articles por treating op peace : Concluded November 30, 1782 ; . Procla- mation ordered by Congress April 11, 1783. (8 St. at L., 54.) (1) The United States acknowledged to be free, sovereign, and independent, 309 : (2) Boundaries established, 309: (3) Right of fishery secured, 310 : (4) Debts to be paid, 310: (5) Congress-to recommend to the States restitution of confiscated es- tates, 311 : (6) No further confiscations or prosecutions, 311 : (7) Hostilities to cease, and British armies to be withdrawn, 311 : (8) Navigation of the Mississippi to be free to both nations, 312 : (9) Conquests before ,the arrival of these articles in America to be restored, 312 : Separate article relative to boundary, in case Great Britain shall be put in possession of West Florida, November 30, 1782, 312. Armistice declaring a cessation of hostilities : Concluded January 20, 1783, 312. (8 St. at L., 58.) Copy of the first and twenty-second preliminary articles bctiveen France and G-reat Britain, signed at Versailles, the 20(7i January, 1783, 313. Definitive treaty of peace : Concluded September 3, 1783 ; Ratified by Congress Jan- uary 14, 1784 ; Proclaimed January 14, 1784. (8 St. at L., 80.) (1) United States acknowledged to be independent, 315 : (2) Boundaries estab- lished, 315 : (3) Right of fishery secured, 316 : (4) Debts to be paid, 316 : (5) SYNOPTICAL INDEX GREAT BRITAIN. 1131 Definitive treaty of peace, 1783 — Continued. Congress to recommend to tjjae States the restitution of confiscated estates, 316: (6) No further confiscations or prosecutions, 317 : (7) Hostilities to cease, and British armies to be withdrawn, 317 : (8) Navigation of the Mississippi to be free to both nations, 317 : (9) Conquests before the arrival of these articles in America to be restored, 317 : (10) Ratifications to ho exchanged within six months, 318. Treaty of amity, commisuce, and navigation : Concluded November 19, 1794 ; Rati- .. fication advised by Senate, with amendments, June 24, 1795 ; Ratified by President, with an additional article ; Ratifications exchanged at London, October 28, 1795 ; Proclaimed „. February 2d, 1796. (8 St. at L., 116.) . (tl) Peace established, 318 : (2) His majesty to withdraw troops from the United States ; - .,,,. ; ,privileges allowed tosettlers and traders, 319: (3) Commercial intercourse regu- lated bet weeu the two parties on the Continent of America, 319: (4) Survey of the -, Mississippi to be made, 320 : (5) Commissioners to be appointed to decide what ' river is the river St. Croix, intended by the treaty of peace to be the boundary of the United States, 321: (6) United States to make compensation to British creditors for . ;'..,,'■ , losses occasioned by legal impediments to the collection of debt3 contracted be- fore the peace; commissioners to be appointed to ascertain the same; their , power and duty ; the United States to pay the sum awarded, 321 : (7) The British government to make compensation to American citizens for illegal cap- tures of their vessels by British subjects; commissioners to be appointed to ascertain the same ; United States to make compensation to British subjects for captures in their jurisdiction, or by vessels armed in their ports, 323 : (8) How expenses shall be paid and vacancy of commissioners supplied, 324 : (9) Alieuage not to affect certain titles to laud, 324 : (10) Sequestration of debts restrained, 324 : (11) Reciprocal and perfect liberty of navigation and commerce between the respective people under the limitations and conditions specified in the follow- ing articles, 324 : (12) West India trade regulated, 325 : (13) West India trade regulated, 326 : (14) Liberty of commerce between the British European domin- ions and the United States established, 326 : (15) Regulations respecting duties on ships and merchandise, 327 : (16) Consuls may be appointed, 327: (17) How to proceed when vessels are captured on suspicion of having enemies' property or contraband goods, 323: (18) What articles shall be deemed contraband; stipulations respecting provisions becoming contraband ; regulations respect- ing vessels attempting to enter a blockaded port or found there, 323 : (19) Priva- teering regulated, 329 : (20) Pirates not to be protected, and goods taken by them to be restored, 329 : (21) Subjects or citizens of one party shall not accept com- missions from a foreign state at war with the other, 329 : (22) No reprisal till demand of satisfaction and refusal, 330 : (23) Ships of war of each to be received in the ports of the other ; American vessels, in case of stress of weather, may enter British ports, 330 : (24) Foreign privateers not to arm in the ports of either nation, nor to sell their produce, 330 : (25) Regulations respecting prizes and captures, 331 : (26) Privileges of the subjects and citizeus of each party residing in the dominions of the other in case of rupture, 331 : (27) Criminals to be deliv- ered up to justice, 332 : (28) Limitation ; the first ten articles of the treaty to he permanent ; the twelfth article limited to twelve years ; ratification, 332 : Additional article ; twelfth suspended, 333. Article explanatory of third article of treaty of amity, commerce, and navi- gation, of November 19, 1794 : Concluded May 4, 1798 ; Ratification advised by Senate May 9, 1796, 333. (8 St. at L., 130.) Article explanatory of fifth article of treaty of amity, commerce, and navi- gation, of November 19, 1794 : Concluded March 15, 1798; Ratification advised by Senate June 5, 1793". (8 St. at L., 131.) . , .. xl , ... , The commissioners under the fifth article released from particularizing the latitude and longitude of the river intended by the St. Croix, 334. Additional convention to treaty of amity, commerce, and navigation of No- vember 19 1794 : Concluded January 8, 1802 ; Ratification advised by Senate April ' 26, 1802 ; Ratified by President April 27, 1802 ; Ratifications exchanged at London July 15, 1802—336. (8 St. at L., 196.) (1) The sixth article of the treaty of November 19, 1794, ante, page 321, annulled, with exceptions ; United States agree to pay £600,000 sterling, in annual instal- ments of £200,000 each, 337 : (2) The fourth article of the treaty of peace of 1783, relative to private debts', recognized and confirmed, 337 : (3) Commission- ers to execute the duties assigned to them by the 7th article of the treaty of 1794, 337 : (4) Ratification of this convention, 338. „.,-,. , . -, , Treaty of peace and amity : Concluded December 24, 1814 : Ratification advised by Senate February 16, 1815 ; Ratified by President February 17, 1815; Ratifications ex- . changed at Washington February 17, 1815 ; Proclaimed I'ebruary 18, 1815. (8 St. at L 218 ^ (1) Firm and inviolable neace : Territory, &c, to be restored, with exceptions f 1132 SYNOPTICAL INDEX — GREAT BRITAIN. Treaty op peace and amity, 1814 — Continued. archives and records to be restored, 338 : (2) Immediately on ratification, orders to be sent to armies, &c, to cease hostilities ; limitation of time of capture iu different latitudes, 339 : (3) Prisoners of war to be restored, 339 : (4) Reference of the boundary established by the treaty of 1783 ; mode of the appointment of commissioners ; meeting of the commissioners ; in cases of disagreement of commissioners, reference to a friendly power, 339 : (5) Commissioners to settle boundaries ; meeting' and proceedings of commissioners ; in case of difference to be referred to a friendly power, 340 ; (6) Doubts as to the boundary from a point in the forty-fifth degree of north latitude, to be referred to commission- ers ; meeting and duties of the commissioners ; in case of disagreement of the commissioners, reference to a friendly power, 341 : (7) Commissioners to fix the boundary to the water communication between the Lakes Huron and Superior and the Lake of the Woods ; in case of disagreement of commissioners, a refer- ence, 342 : (8) The board of commissioners may appoint a secretary, and em- ploy surveyor ; compensation of the commissioners ; all grants of land prior to the commencement of the war falling within the dominions of the other party to be valid, 342 : (9) United States to put an end to the war with the Indian tribes and nations after the ratification of this treaty, and to restore to such tribes and nations the possessions they enjoyed or were entitled to in 1811, 343 : (10) Contracting parties shall use their best endeavors to promote the entire abolition of the slave-trade, 343 : (11) Treaty to be binding when ratification is exchanged, 344. Convention to regulate commerce : Concluded July 3, 1815 ; Ratification advised by Senate December 19, 1815, subject to the exception contained in the annexed declaration of Anthony St. John Baker, of November 24, 1815 ; Ratified by President December 22, 1815 ; Ratifications exchanged at Washington December 22, 1815. (8 St. at L., 228.) (1) Reciprocal liberty of commerce between the territories of United States and the British territories in Europe, 344; (2) No higher or other duties on productions Of each country than on those of other foreign countries ; equality of duties on American and British vessels ; same duties on productions of each country ; equal- ity of duties and bounties, &c. ; drawbacks on the same; intercourse with the British West Indies and North American continental possessions not affected by this article, 345 : (3) Vessels of United States may trade to Calcutta, &c, direct, in articles not entirely prohibited ; citizens of United States not to pay more than is paid on vessels of the most favored nation ; articles must be conveyed direct to United States and be unladen ; vessels of TJnited States not to carry on the coasting trade in the British East Indies; American vessels may touch for refreshment, 346: (4) Consuls to reside in the dominions of each party: how they may be punished ; particular places excepted from the residence of consuls, 347: (5) This convention, when ratified, td be obligatory for four years; exchange of ratifications in six months, 347. Declaration of His Britannic Majesty's charge d'affaires on the exchange of ratifications of the convention of July 3, 1815. All vessels, except those of the East India Company, excluded from approaching the island of St. Helena, allotted for the future residence of Napoleon Bonaparte, 347 : Vessels of the United States must not touch at St. Helena, 348. Arrangement as to the naVal force to re respectively maintained on the American lakes: Concluded April 28, 1817; Approved by Senate April 16, 1818, and recommended to be carried into effect ; Proclaimed April 28, 1818. (8 St. at L., 231.) Naval force on the lakes ; Lake Ontario; upper lakes; Lake Champlain; other ves- sels to be dismantled ; stipulations may cease on six months' notice, 348; naval force to be restricted so as not to interfere with the proper duties of the armed vessels of the other party, 348. Declaration of commissioners undkr fourth article of treaty of Ghent: Made November 24, 1817, 348. (8 6t. at L., 250.) Decision of commissioners under fourth article of treaty of Ghent: Made November 24, 1817, 349. (8 St. at L., 250.) Moose Island, &c, 349 ; other islands, 349. Convention respecting fisheries, boundary, and restoration of slaves : Con- cluded October 20, 1818 ; Ratification advised by Senate January 25, 1819 ; Ratified by President January 28, 1819 ; Ratifications exchanged at Washington January 30, 1819 ; Proclaimed January 30, 1819. (8 St. at L., 248.) (1) Definition of the extent of the common right of fishing, &c, on the coast of the British dominions in America ; exception as to the Hudson Bay Company ; renun- ciation by the United States as to other fisheries, with exceptions, 350: (2) Defi- nition of the northern boundary of the United States from the Lake of the Woods to the Stony Mountains, 351 : (3) Country claimed by either party westward of the Stony Mountains to be free to both parties till October 20, 1828, 351 : (4) Con- vention Of London of July 3, 1815, continued for ten years, 351 : (5) Reference SYNOPTICAL INDEX — GREAT BRITAIN. 1133 Convention respecting fisheries, boundaky, and restoration op slaves. 1818— Continued. to. first article of treaty of Ghont ; claims for slaves under the first article of treaty of Ghent ; differences growing out of the claim for slaves to be referred to some friendly sovereign or state, 351 : (6) The convention obligatory on exchange of ratifications, 352. ° Decision of commissioners under sixth article of treaty of Ghent- Made June 18, 1822. (8 St. at. L., 274.) Boundary of the United States to be established, 352: Description of the boundary of the United States, 353 : Islands, 355. Convention for indemnity under award of Emperor of Russia as to true con- struction of first article of treaty of Ghent : Concluded July 12, 1822 ; Ratification advised by Senate January 3, 1823 ; Ratified by President January, 1823 ; Ratifications exchanged at Washington January 10, 1823 ; Proclaimed January 11 1823. (8 St. at L., 282.) J ' Award of His Majesty the Emperor of all the Russias, under the fifth article of the Convention of October 20, 1818, 356 : Plenipotentiaries of Russia, United States, and Great Britain, 356 : (1) Agreement of the plenipotentiaries ; arbitrators and commissioners to be appointed to meet in the city of Washington ; oath or affirm- ation to be taken in the presence of each other ; vacancies to be filled up, 357 : (2) If an average value of each slave be not agreed upon as compensation, com- missioners and arbitrators shall fix an average value ; iu case they do not agree, the evidence, &c, shall be submitted to the minister of the mediating power ; his decision to be final, 357 : (3) Two commissioners to constitute a board for the examination of claims ; His Britannic Majesty to cause evidence of the number of slaves carried away to be produced, 358 : (4) The two commissioners to examine and determine claims, 358 : (5) If the commissioners shall not agree in any case, they shall draw by lot the name of one of the arbitrators ; final decision to be given, 359: (6) The decision of the commissioners shall be binding; His Britannic Majesty agrees to pay the sums awarded in specie, 359 : (7) Payments for the commissioners and arbitrators, 359 : (8) Certified copies of this convention to be • delivered to the minister of the mediating power, 359: Documents referred to in tji'e treaty, 360 : Letter, Count Nesselrode to Mr. Middleton, April 22, 1822, 360: Award of the Emperor of Russia, April 22, 1822, 360 : Letter, Count Nes- selrode to Mr. Middleton, April 27, 1822, 361. Supplemental convention relative to indemnity under convention of July 12, 1822 : Concluded November 13, 1826 ; Ratification adnised by Senate December 26, 1826; Ratified by President December 27, 1826; Ratifications exchanged at London February 6, 1827 ; Proclaimed, March 19, 1827 ; 352. (8 St. at L., 344.) (1) Sum to be paid by Great Britain, 363 : (2) Convention annulled, 383 : (3) When and where payable, 363 : (4) The sums to be in full for all claims under the con- vention, 363 : (5) Papers of the commission, 363 : (6) Ratification, 364. Convention relative to territory on northwest coast west of the Rocky Mountains, continuous to convention of October 20, 1818 : Concluded August 6, 1827 ; Ratification advised by Senate February 5, 182S ; Ratified by President February 21, 1828 ; Ratifications exchanged at London April 2, 1828 ; Proclaimed May 15,1828. (8 St. at L., 360.) (1) Third article of convention of 3d of October, 181-8, relative to the territory west- ward of the Stony Mountains, indefinitely extended, 364 : (2) Convention may be anuulled on due notice of twelve months by either party, 365 : (3) Certain claims not to be affected by this treaty, 365 : (4) Ratifications, 365. Convention continuing in force for ten years convention of July 3, 1815, to regulate commerce : Concluded August 6, 1827 ; Ratification adviied by Sen- ate January 9, 1828 ; Ratified by President January 12,1828 ; Ratifications exchanged at London April 2, 1828 ; Proclaimed May 15, 1828, 365. (8 St. at L., 361.) (1) Provisions of the convention of 3d July, 1815, further continued for ten years, 366 : (2) Either party, at any time after ten years, may abrogate this conven- tion., giving twelve months' notice, 366 : (3) Ratifications, 366. Contention relative to the northwestern boundary : Concluded September 29, 1827 ; Ratification advised by Senate January 14, 1828 ; Ratified by President Feb- ruary 12, 1828 ; Ratifications exchanged at London April 2, 1828 ; Proclaimed May 15, 1828, 366. (8 St. at L., 362.) (1) Reference of differences as to the boundary between American and British do- minions to a friendly power, 367 : (2) Statements of the respective cases to be drawn up, 367 : (3) Each, of the contracting parties shall communicate to the other the evidence to be offered, 367 : (4) Maps to be annexed to the statements, 368 : (5) Statements, &c, to be delivered to the arbitrating power within two ' years, 368 : (6) In case the arbiter should desire further evidence, mode of pro- ducing it, 369 : (7) The decision of the arbitrators shall be final, 369 : (8) Ratifi- cations to be exchanged within nine months, 369. 1134 SYNOPTICAL INDEX GREAT BRITAIN. Treaty relative to boundaries, suppression of the slave-trade, and extradi- tion of criminals : Concluded August 9, 1842; Ratification advised by Senate Au- gust HO, 1842; Ratified by President Augusts, 1842; Ratifications exchanged at Lon- don October 13, 1842; Proclaimed November 10, 1842, 369, (8 St. at L., 572.) (1) Boundary-Hue between the United States and the British possessions, 370: (2) Description of the boundary-line, 371 : (3) Navigation of the river St. John to be free to both parties, 372: (4) Grants of land, &c, within the territory, con- firmed to persons in possession of such grants, 372: (5) Distribution of "dis- puted territory fund," 373: (6) Commissioners to be appointed to mark the line between the St. Croix and St. Lawrence Rivers, 373 : (7) Certain waters free to both parties, 37.3 : (8) Mutual agreement for the suppression of the slave-trade, 374 : (9) Parties to unite in remonstrances witli other powers, within whose do- minions a market is found for slaves, 374 : (10) Criminals to be delivered up to either party upon requisition, 374: (11) Treaty to be in force for five years, and afterwards until one or the other party shall signify a wish to terminate it ; tenth article in force until either party shall wish to terminate it, 375 : (12) Rat- ifications to bo exchanged within six mouths, 375. Treaty for settlement of boundary west of the Rocky Mountains: Concluded June 15, 1846 ; Ratification advised by Senate June 18, ■ 1846 ; Ratified by President June 19, 1846 ; Ratifications exchanged at London July 17, 1846 ; Proclaimed August 5, 1846. (9 St. at L., 869.) (1) BouudaTy-line west of Rocky Mountains, 375 : Navigation between Vancouver's Island and the continent, and of Fuca's Straits, 376 : (2) Navigation of part of Columbia River, 376 : Regulations for navigation of said river, 376: (3) Posses- sory rights of all British subjects, 376: (4) Farms, &c, belonging to the Puget's Sound Agricultural Company, 376 : (5) Ratifications, 376. Convention relative to a ship -canal by way of Nicaragua, Costa Rica, the Mosquito Coast, or any part of Central America : Concluded April 19, 1850; Ratification advised by Senate May 22, 1850 ; Ratified by President May 23, 1850 ; Ratifications exchanged at Washington July 4, 1850 ; Proclaimed July 5, 1850. (9 St. at L., 995.) (1) Exclusive control over the canal not to be exercised by either' power, 377 : (2) Privileges of vessels of either party, 377 : (3) Property of the parties engaged in constructing the caual, 378 : (4) Construction of the work to be facilitated, 378 : Free ports, 378 : (5) Neutrality of canal, 378 : Guaranty of neutrality, 378 : (6) Every State in friendly intercourse to enter into similar stipulations, 378 : (7) Contract for completion of canal to be entered into, 379 : Priority of claim, 379 : (8) Protection to be extended by treaty stipulations to other communication by canal or railway across the isthmus, 379 : (9) Ratifications, 380. Protocol of a conference held at the Foreign Office December 9, 1850. Ceding Horse-Shoe Reef to the United States, 911. Convention for settlement of claims : Concluded February 8, 1853 ; Ratification advised by Senate March 15, 1853 : Ratified by President March 17, 1853 : Ratifica- tions exchanged at London July 28, 1833 : Proclaimed August 20, 1853. (10 St. at L., 988.) (1) All claims, on either party, to be referred to commissioners, 331 : Place of meet- ing, 381 : Declaration of the commissioners, 331 : Umpire, 381 : His declaration, 381 : Provision for his not a,cting. 381 : (2) Investigation of claims, 381 : Limi- tation of term for presenting claims, 382 : (3) Decisions, 382 : (4) Payment of sums awarded, 382 : (5) Proceedings of the commissioner to be in full of all claims, 383 : (6) Record, 383 : Salary of commissioner, 383 : Salary of clerk, 383: Expenses of the commission, 383 : (7) Ratifications, 383. Treaty extending the right of fishing and regulating commerce and naviga- tion between the United States and Her Britannic Majesty's possessions in North America (reciprocity) : Concluded June 5, 1854 ; Ratification advised by Senate August 2, 1854; Ratified by President August 9, 1854; Ratifications ex- changed at Wcishington September 9, 1854 ; Proclaimed September 11, 1354. (10 St. at L., i089.) . (1) Commissioners to determine the reserved fisheries, 384 : Umpire in case of their disagreement, 385 : (2) Rights of British subjects in American fisheries, 385 : (3) Certain articles, the growth of said countries, to be admitted into the other duty free, 385 : (4) Rights of Americans in the St. Lawrence and the Canadian canals, 386 : This right may be suspended, 386 : Rights of British subjects iir'Lake Michi- gan, 386 : Duty on Maino lumber floated down the St. Johu, 386 : (5) Conditions on which this treaty shall take effect, 387 : (6) Newfoundland may be included in this treaty, 387. Convention extending duration of commission on claims authorized by con- vention of February 8, 1853 : Concluded July 17, 1854 ; Ratification advised by Senate July 21, 1854 ; Ratified by President July 24, 1854 : Ratifications exchanged at London August 18, 1«54; Proclaimed September 11, 1854.' (10 St. at L., 1103.) (1) Commission on claims, time for termination of extended, 388 : (2) Ratifications, SYNOPTICAL INDEX — GREAT BRITAIN. 1135 Treaty for suppression of the African slave-trade : Concluded April 7, 1862 ; Rat- , ificalion advised by Senate April 24, 1862 ; Ratified by President April 25, 1862 ; Rati- fications exchanged at London May 20, 1862; Proclaimed June 7, 1862, 388. (12 St. at L., 1225,) ' ' v (1) Vessels of war of each nation may visit merchant-vessels, &c, 389 : Right of search authorized by vessels of War, 389 : Mode of search, 389: (2) Ships of war, to be furnished with treaty, 390 : Names of, to be given by each natjion, 390 : Rank of commanders, 390 : Vessels, under convoy, mode of procedure as to, 390 : (3) Wrongful detention, losses by, 390 : Indemnity to be paid, 391 : (4) Mixed courts, three to be established, 391 : Places of courts, 391 : Duties of courts, 391 : (5) Rep- aration for wrongful acts of officers, 391 : Punishment of such officers, 391 : (6) Merchant- vessels may be detained, 391 : (7) Damages, 392 : (8) Vessels condemned under this treaty, 392 : (9) Owners, officers, and crew, &c, of condemned vessel to be punished, 393 : Persons on board to be sent to their nation, 393 : Subjects of either power found in condemned vessel of a third power, 393 : (10) Negroes found on board condemned vessels, 393: (11) Instruments annexed to treaty, 393 : (12) Ratifications, 393. Additional article to treaty for suppression of the African slave-trade of April 7, 1S62 : Concluded February 17, 1863 ; Ratification advised by Senate Febru- ary 27, 1863 ; Ratified by President March 5, 1863 ; Ratifications exchanged at Lon- don April 1, 1863 ; Proclaimed April 22, 1863. (13 St. at L., 645.) (1) Right of search and detention of certain vessels may be exercised within thirty leagues of Madagascar, Puerto Rico, and San Domingo, 401 : To have same effect as if it formed part of former treaty, 402 : Ratifications, when to be exchanged, &c, 402. ' Treaty for final settlement of claims of the Hudson's Bay and Puget's Soond Agricultural Companies : Concluded July 1, 1863; Ratification advised by Sen- ate January 18,1864; Ratified bij President March 2, 1864 ; Ratifications exchanged at Washington March 3, 1864 ; Proclaimed March 5, 1864, 402. (]3 St. at L., 651.) (1) Commissioners to examine claims, 402 : Appointment, place of meeting, &c, 402 : (2) To name an umpire, 403 : If they caunot agree, King of Italy to appoint, 403: Umpire to -be qualified, 403 : Vacancy in. office, &c, how filled, 403 : Decision to be final, 404 : (3) Awards to be paid in instalments, 404 : (4) Salaries of, and of- arbitrator, 404 : Clerks to, and their pay, 404 : Record of proceedings to be kept, 404 : (5) Ratifications, 404. Convention relative to naturalization : Concluded May 13, 1870 ; Ratification ad- vised by Senate July 8, 1870 ; Ratiaed by President July 19, 1870 ; Ratifications ex- changed at London August 10, 1870 ; Proclaimed September 16, 1870. (16 St. at L.,-775.) (1) Citizens of either country naturalized as citizens or subjects of other country, to be treated as citizens of such country, 405 : (2) Naturalization may be renounced if, &c, 406 : (3) Citizens renewing residence in original country, 406 : (4) Rati- fications, 406. Convention supplemental to treaty of April 7, 1882, for suppression of the African slave-trade : Concluded June 3,- 1870 ; Ratification advised by Senate July 8,1870; Ratified bij President July 19,1870; Ratifications exchanged at London Au- gust 10, 1870 ; Proclaimed September 16, 1870. (16 Stat. L., 777.) (1) Mixed courts to cease, 407 : (2) Jurisdiction of mixed courts to be exercised by prize courts, 407 : (3) Merchant- vessels detained as slavers, disposition of, 408 : Witnesses and proofs to be sent with vessel, 408 : (4) Instructions aunexed.to be part of treaty, 408 : (5) Other parts of treaty of 1862 to be in force, 408: (6) No- tice of this convention to be given to the mixed courts, 409 : (7) Duration of convention, 409: Ratifications, 409. Convention relative to renunciation of naturalization, supplemental to con- vention of May 13, 1870 : Concluded February 23, 1871 ; Ratification advised by Senate March 22, 1871 ; Ratified by President March 24, 1971; Ratification advised by at Washington May 4, 1871 ; Proclaimed May 5, 1871. (17 St. at L., 841.) (1) Naturalized citizens of either power may renounce their naturalization, 411 : Re- . nunciatiou, how to bo made, 412 : (2) Persons renouncing naturalization, lists of to be furnished, 412: (3) Ratifications, 412 : Annex A. form of declaration of re- nunciation of naturalization, 412. Tkkaty for amicable settlement of all causes of difference : Concluded May 8, 1871 ; Ratification advised by Senate May 24, 1871 ; Ratified by President May 25, 1871 ; Ratifications exchanged at London June 17, 1871 ; Proclaimed, July 4, 1871. (17 St. at L., 863.) „ . , .. (1) Alabama claims to be referred to arbitration, 413: Arbitrators, and how to be named 414 : Vacancies, how filled, 414 : (2) To meet, when and where, 414 : Their powers and duties, 414 : A majority to decide, 414 : Agent of each party, 414 • (3) Case, &c, of each party to be given to arbitrators, 414 : (4) Counter case &c 415 : Time may be extended, 415 : Documents and papers to be pro- 1136 SYNOPTICAL INDEX — GREAT BRITAIN. Treaty for amicable settlement of all causes of difference, 1871 — Continued, duced, 415 : (5) Arguments and briefs, 415 : (6) Rules, &c, to govern the arbi- trators in their decisious, 415: Obligations of a neutral government, 415: Not admitted to have been in force when the Alabama claims arose, but to govern in future cases, 416 : (7) Decision of arbitrators, when to be made and in what form, 416 : To be made as to each vessel separately, 416 : Award to be in duplicate, and to whom delivered, 416 : Gross sura may be awarded, if, &c, 416 : When to be paid, 416 : (8) Expenses of the arbitration, how to be defrayed, 416 : (9) 'Ar- bitrators to keep a record, &c, 416: (10) If Great Britain is found in fault, and a gross sum not awarded, board of assessors to determine claims, 417 : Board of assessors, how to be constituted, 417 : To meet when and where, 417 : Members to subscribe a declaration that, &c, 417: Their powers and duties, 417 : A major- ity to decide, 417 : Decision, whan and how given, 417 : Claims to be presented within what time, 417 : Clerks, expenses, &c, of, 417 : Report of assessors, how to be made, and to whom delivered, 417 : Awards, when and where to be paid, 418 : (11) Decision of arbitrators aud assessors to be final, 418 : Claims not pre- sented to be deemed finally settled, 418: (12) Claims other than the Alabama claims, arising between April 13, 1861, and April 9, 1865, to be referred to three commissioners, 418 : Commissioners, tbeir appointment, powers, aud duties, 418 : Vacancies, how filled, 418 : (13) To investigate and decide claims, 419: A majority to decide, 419 : Award on each claim, 419: Agent of each government, 419: Deci- sions to, be final, 419: (14) Claims to be presented and decided within what time, 419: (15) Awards, when to be paid, 419: (16) Records, secretary, &c, 420: Ex- penses to be charged upon awards, 420 : But not to exceed five per cent., 420 : (17) Decision to be final upon all claims that might have been presented, 420: (18) Right given to the inhabitants of the United States in certain sea fisheries, except salmon and shad, in British waters, in common with British subjects, 420 : Compensation, if any, to be paid by the United States for this grant, to be determined by commissioners, 420: (19) Sea fisheries ; British subjects to have rights in common in certain, oil certain coasts of the United States, 421 : Salmon and shad fisheries excluded, 421 : (20) Certain places reserved from the common right of fishing, 421 : Commission to be appointed to designate such places, if, &c, 421: (21) Certain fish-oil and fish to be admitted into each country free of duty, 421 : (22) Award of commissioners, and when to be paid, 422: (23) Com- missioners, appointment of, 422: Vacancies, how filled, 422: When and where to meet, 422: Their powers and duties, 422: Agent for each government, 422: (24) Proceedings before, how conducted, 422: Documents aud papers, 422: Cases to be closed in six months, &c, 423 : Awards,, when to be given, 423 : (25) Records, secretary, expenses, 423 : (26) Navigation of the St. Lawrence to be free, sub- ject to, &c, 423 : Of the rivers Yukon, Porcupine, and Stikine, 423 : Of Lake Michigan, 423 : (27) The use on terms of equality of certain canals by inhabit- ants of both countries to be urged, 423 : (29) Provision for conveyance, without payment of duty in transit through territory of the United States, certain mer- chandise imported at certain ports of the United States, and of goods intended for export, 424 : Reciprocal provision as to conveyance in transit through Brit- ish territory, 424 : (30) British subjects may carry in British vessels goods free of duty from certain ports of the United States to other such ports, if part of such carriage is through Cauada by land and in boud, 424: Reciprocal privi- leges granted to citizens of the United States, 424 : Provision as to export duties on goods carried under this agreement, 425 : Privileges may be suspended by the United States, if, &c, 425 : (31) Lumber cut in Maine, floated down the St. John and shipped to the United States from New Brunswick, provision as to duty on, 425 : (32) Provisions of Articles 18 and 25 to extend to Newfoundland, 425 : (33) When certain articles of the treaty take effect, and how long they con- tinue, 425 : (34) Boundary-line between the United States and British posses- sions west of the Rocky Mountains, determination as to part of it to be left to the arbitration of the Emperor of Germany, 426: (35) Award, its form, effect, and how delivered, 426 : (36) The case of the two parties to be laid before him, how and within what time, 426 : (37) Papers and documents, 427 : (38) Agents of each government before the arbitrator, 427 : (39) Arbitrator to act in person or otherwise, 427 : (40) Secretary or clerk, 427 : (41) Costs aud expenses, how to be paid, 427 : (42) Form of award, and when and how to be delivered, 428 : (43) Treaty, when to be ratified, &c, 428. Additional article to treaty of May 8, 1871, respecting places for holding sessions of the commissioners under the twelfth article thereof : con- cluded January 18, 1873 ; Ratification advised by Senate February 14, 1873 ; Rati- fied by the President February 28, 1873 ; Ratifications exchanged at Washington April 10, 1873 ; Proclaimed April 15, 1873. (17 St. at. L., 947.) Sessions of the commissioners may be held at such place within the United States as commissioners may prefer, 912. SYNOPTICAL INDEX — GREECE-GUATEMALA. 1137 Protocol of March 10, 1873, respecting the northwest water-boundary, with definition op boundary-line, agreeably to treaty op may 8, 1871, be- TWEEN the United States and Great Britain. — 912. Boundary-line traced and marked on four charts, two copies of which to be retained by the United States and two by Great Britain, as a perpetual record of agree- ment as to boundary under 1st article of treaty of June 15, 1846, between the two Governments, 913. > Protocol op June 7, 1873, respecting the time op articles 18 to 25 and arti- cle 30 of the treaty of May 8, 1871, between the United States and Great Britain, going into effect. — 914. Declaration that articles 18 to 25, inclusive, and article 30 of the treaty of May 8, 1871, to wit, articles respecting fisheries, &c, take effect on the 1st day of July, ' 1873.-914. GREECE. Treaty op commerce and navigation : Concluded December 10-22, 1837 ; Ratification advised by Senate March 26, 1838 ; Ratified by President April 12, 1838 ; Ratifica- tions exchanged at London June 13-25, 1838 ; Proclaimed August 30, 1838. (8 St. at L., 498.) (1) PortB of either party open to the other. Citizens of each party at liberty to re- sido in the territories of the other, 430 : (2) Tonnage duties, &c.,f to be on the footing of national vessels, 430 : (3) Vessels of the United States mlay import in- to Greece whatever Greek vessels may import ; reciprocal as to importation in Greek vessels, 431 : (4) Vessels of the United States may export from Greece whatever Greek vessels may export ; reciprocal as to exportations in Greek ves- sels from the United States, 431 : (5) Coasting trade excepted, 431 : (6) Neither party to grant any preference in its purchases to importations in its own ves- sels, or in the vessels of other nations, 432 : (7) No other or. higher duties to be imposed than are imposed on vessels of other powers, except the reservations in the fifth article, 432 : (8) Prohibitions not to be imposed on the productions of either power, 432 : (9) All privileges of transit to become common, 432 : (10) Vessels of either party, entering the ports of the other, but not wishing to un- load, may. depart ; they must conform to custom-house regulations, 432 : (11) Vessels unloading part of their cargo may depart with the remainder without paying duties ; duties chargeable on vessels, where to be paid, 433.: (12) Con- suls, &c. ; archives of consuls to be exempt from search ; consuls, &c, to judge and arbitrate in certain cases, 433: (13) Consuls may require the assistance of local authorities for the arrest of deserters ; deserters, when arrested, how to be disposed of ; deserters guilty of a crime, 434 : (14) Aid to shipwrecked vessels, e entered, 532 : Religious worship, 532 : Rights of persons and of property, 532 : Contracts for land, how to be executed, 533 : Trade, ex- cept in certain places, 533 : (3) Commerce, tariff, 533 : Prohibited imports and ex- ports ; no duties, &e., on vessels of either, greater than are imposed on vessels of the most favored nation, 533 : Certain ports not to be entered by United States vessels, 533 : (4) Consuls, their residences and privileges, 533 : (5) Rights of citi- zens in each country when in the other country, 533 : Civil rights and criminal offences, 533 : Disputes, how to be settled , 534 : (6) Regulations as to vessels ; mutiny and desertion, 534 : (7) Help in cases of shipwreck, 534 : (8) Ratification, 534 : Supplementary article, 534. 3IECItIiEJTBUKG-SCHWERIA T . Declaration of accession to treatt of commerce and navigation with Hanover of June 10, 1846 : Signed and exchanged December 9, 1847 ; Ratification advised by Senate May 18, 1848 ; Ratified by President May 20, 1848 ; Proclaimed August 2, 1848. (9 St. at L., 910.) (1) Vessels of both parties placed on equal footing ; port charges, 535-536 : (2) Coast- ing trade, 536 : (3) No priority or preference, 536 : (4) Wrecks ; salvage ; repairs of vessel, 536 :' (5) What vessels privileges of treaty extend to, 537 : (6) Duties, 537 : i (7) Favors to be common, 537 : (8) Duty on raw cotton, and rice in husk ; import duty on leaves ; transit duty, 538 : (9) Consuls, vice-consnlsj their pow- ers and jurisdiction ; masters and crews ; deserters, 538: (10) Rights and privi- leges of citizens of one power in territory of the other ; property of absent heirs ; heirs of real estate, 539 : (11) Duration of treaty, 540. Declaration of accession to convention of June 16, 1852. with Prussia and other states of the Germanic Confederation for extradition of crimi- nals, and TO additional article thereto of Novembee 16, 1852 : Dated No- vember 26, 1853 ; Proclaimed January 6, 1854. — 915. MECKXESTBUBG-STREEITZ. Declaration of accession to convention of June 16, 1852, with Prussia and other states of the germanic confederation for extradition of crimi- NALS : Dated December 2, 1853 ; Proclaimed January 26, 1854. — 916. MEXICO. [See " Xotes," Title "Abrogated, Suspended, or Obsolete Treaties.""] Treaty OF limits : Concluded January 12, 1828; Ratification advised by Senate April 4, 1832 ; Ratified by President ; Ratifications exchanged at Washington April 5, 1832; Pro- claimed April 5, 1832. (8 St. at L., 372.) (1) Boundary the same as fixed by treaty of Washington, February 22, 1817, 542: (2) Boundary to begin on the Gulf of Mexico, and end on the South Sea, in lati- tude 42° ; islands in the Sabine, &c, to belong to the United States, 542-543 ; (3) Commissioners to be appointed to run the Hue, 543 : (4) Ratifications to be ex- changed in four months, 543. Additional article to treaty of limits of January 12, 1828 : Concluded April 5, 1831 ; Ratification advised by Senate April 4, 1832 ; Ratified by President ; Ratifications exchanged at Washington April 5, 1832 ; Proclaimed April 5, 1832. (8 St. at L., 376.) Time of ratification extended, 544. Treaty of amity, commerce, and navigation : Concluded April 5, 1831 ; Ratification advised by Senate March 23, 1832 ; Ratified by President ; Ratifications exchanged at Washington April 5, 1832 ; Proclaimed April 5, 1832. (8 Stat. L., 410.) (1) Peace and friendship between both nations, 545 : (2) The footing of the most fa- vored nation secured to both parties, 545 : (3) Entry into the ports of each other, coasting trade excepted, 545 : (4) Duties on the products of the parties ; export duties and prohibitions, 545 : (5) Tonnage duties the same on vessels of either party, 546 : (6) Import duties ; export duties, bounties, and drawbacks, 546 : (7) Merchants, &c, put on the same footing in the ports of either party, 546 : (8) Embargoes, detention, compensation for, 547 : (9) Citizens of either party ex- SYNOPTICAL INDEX — MEXICO. 1145 Treaty of amity, commerce, and navigation, 1831— Continued. empted from service in the army or navy, 547 : (10) Citizens seeking refuge in the ports of either party, 547 : ( 1 1 ) Delivery of vessels, &c., captured bv pirates, 547 : (12) Shipwrecks, 547 : (13) Succession to personal estate, and disposal thereof, 548 : (14) Persons and property to be protected, 548 : (15) Security as to religion in Mexico ; in the United States, 548 : (16) Security to vessels sailing to or from enemies' ports ; free ships make free goods; limitation of the principle, 548-549 : (17) Where neutral flagprotectB enemies' property, 549 : (18) Contraband goods ex- cepted and defined, 549 : (19) Blockade defined, 550 : (20) Contraband liable to. condemnation ; vessels not to be detained if contraband articles be delivered up, 550 : (21) Notice of blockade ; free egress allowed in certain cases, 550 : (22) Ex- amination of vessels at sea, 550 : (23) Passports and sea-letters during war ; if not provided, vessels, &c.,to be adjudged lawful prizes, 551: (24) Vessels under convoy, 551 : (25) Prize courts, 551 : (26) Iu the event of war between the two countries, re- moval of property and persons to be allowed, 552 : (27) Immunities of merchants and public agents, 552 : (28) Consuls, 552 : (29) Deserters, from vessels, 552-553 : (30) Arrest and detention of deserters, 553 : (31) A consular convention to be en- tered into, 553 : (32) Interior commerce, routes and escorts, 553 : (33) Indian hos- tilities to be prevented ; prisoners made by Indians to be liberated, 554: (34) Points adjusted between the parties ; treaty in force for eight years ; harmony of the parties not to be interrupted by the acts of individuals ; demand of satis- faction to precede hostilities ; nothing in this treaty to operate contrary to treaties with other powers ; ratifications to be exchanged within one year, or earlier, 555 : Additional article, April 5, 1831, 555 : Substitution for the fifth and sixth articles of the treaty of April 5, 1831, 555 : Duties to be equal on the pro- ductions and manufactures of Mexico to those paid on like goods of other nations in the ports of the United States, 555 : Additional article ; fifth and sixth articles suspended, 555 : Substitute, 555. (8 St. at L., 428.) Second additional aktici.b to treaty or limits of January 12, 1828 : Concluded Jlpril 3, 1835 ; .Ratification advised by Senate January 26, 1836 ; Ratified by President February 2, 1836 ; Ratifications exchanged at WasMnqlon April 20, 1836 ; Proclaimed April 21, 1836. (8 St. at L., 464.) Limits defined, 556 : Commissioners and surveyors, 556. Convention for. adjustment of claims ok citizens of the United States on Mex- ico : Concluded April U , 1839 ; Ratification advised by Senate March 17, 1840 ; Ratified by President April 6, 1840 ; Ratifications exchanged at Washington April 7, 1840 ; Proclaimed April 8, 1840. (8 St. at L., 526.) (1) Certain claims to be referred to a board of four commissioners ; manner of their appointment, 557 : (2) The board to have two secretaries, &c, 558 : (3) Meeting of the board, 558 : (4) Documents to be delivered to the board, 558 : (5) The com- missioners to decide on the j ustice of the claims, 558 : (6) Mexico to be at liberty to issue treasury notes for the amount found due, 558 : (7) In case of difference between the commissioners as to the claims, the documents shall be referred to the King of Prussia, 559 : (8) The King of Prussia to be invited to appoint an umpire, 559 : (9) In case the King of Prussia declines to appoint an umpire, Her Britannic Majesty to be invited to appoint; and in case she declines, the King of the Netherlands to be invited to appoint an umpire, 559 : (10) The decision of the umpire to be final, 560 : (11) Mexico to be exonerated from certain claims, 560: (12) Compensation to the commissioners and their secretaries, 560: (13) Ratifications to be exchanged within twelve months, 560. Convention further providing for payment of awards to claimants under, convention of April 11, 1839 : Concluded January 30, 1843 ; Ratification advised by Senate March 2, 1843 ; Ratified by President ; Ratifications exchanged at Washington March 29, 1843 ; Proclaimed March 30, 1843. (8 St. at L., 578.) < I) Mexico to pay all interest due on the 30th April, 1843, 561: (2) Principal and interest to be paid in five years, 561 : (3) Payments to be made in the city of Mexico in gold or silver, 561 : (4) Mexico pledges the proceeds of direct taxes, 561 : (5) Mexico to pay two and a, half per cent, ou each payment to cover charges, 561 : (6) A new convention to be entered into for the settlement of all claims on Mexico, 561 : (7) Ratifications, 562. Treaty of peace, friendship, limits, and settlement : Concluded February 2, 1848 ; Ratification advised by Senate, with amendments, March 10, 1848 ; Ratified by Presi- dent March 16, 1848 ; Ratifications exchanged at Queretaro May 30, 1848 ; Proclaimed July 4, 1848. (9 St. at L., 922.) ■ (1) Firm and universal peace to prevail between the two republics, 562 : (2) Conven- tion to be entered into for the provisional suspension of hostilities, 563 : (3) Im- mediately upon the ratification of this treaty, blockade of the Mexican ports to cease, 563 : Troops of the United States to be withdrawn from the interior to certain points near the sea-coast, and evacuation of the interior to be completed with the least possible delay, 563 : Custom-houses to be delivered up to the 1146 SYNOPTICAL INDEX MEXICO. Treaty of peace, friendship, limits, and settlement, 1848 — Continued. Mexican authorities, &c, 563 : An account to be made out of the amount of all duties collected by the United States after the ratification of this treaty by Mexico ; the same, after deducting costs, to be paid over to the govern- ment of Mexico within three months after exchange of ratifications , 563 : Evacuation of the capital of Mexico to be completed in one month, 563: (4). Prisoners on both sides to be restored, and Mexicans captives to Indiau tribes within the limits of the United States to be rescued and returned to their coun- try, 564 : (5) Boundary-line to be run by a commissioner and surveyor, and to be religiously respected, 564-565 : (6) Vessels of United States to have free passage by Gulf of California and river Colorado ; how a road, canal, or railway may be run on a bank of the river Gila, 565-566 : (7) Rivers Gila and Bravo del Norte may be navigated freely by both parties, and no tax thereon shall be levied without consent of both Governments, 566 : (8) Mexicans established in terri- tories ceded to the United States can remove or remain, retaining their property ; all property to be inviolably respected, 566 : (9) Mexicans remaining in the ceded territories may become citizens of the United States, 568-567 : (11) Government of the United States to pass such laws as may be necessary to give effect to the foregoing stipulations, 567 : (12) Amount of money to be paid to Mex- ico in consideration of the extension acquired by the boundaries of the United States, 568 : (13) The United States also to assume and pay the amounts due on the claims liquidated against Mexico under the convention between the two governments, 568 : (14) Mexican government discharged from all claims of citizens of the United States which have arisen previous to the signature of this treaty, 568 : (15) The United States to make satisfaction for the same to an amount not exceeding three and a quarter millions of dollars, 568 : Board of commissioners to be established to ascertain the validity . of such claims, 569 : Books, records, and documents in the possession of the gov- ernment of Mexico necessary to the decision of any claim ; how to be obtained from that government, 569 : (16) Each party reserves the right to fortify any part of its territory, 569 : (17) Treaty of 5th April, 1831, between the United States and Mexico, with certain exceptions, revived, 569 : But may be terminated by either party's giving one year's notice, 569 : (18) Supplies for the troops of the United States arriving in Mexico previous to the evacuation to be exempt from duty, 569 : (19) Rules to be observed with respect to merchandise imported into Mexican ports whilst in the occupation of the forces of the United States, 570 : Merchandise, &c, imported previous to the restoration of the custom- houses, exempt from confiscation, 570 : The same exemption as to merchan- dise, &c, imported subsequeutlj to the restoration of the custom-houses ;• but the same may be subject to payment cf duties as provided for in the 29th article, 570 : Merchandise, e^cts, &c. luring continuance at place of importation, and upon leaving such place for the interior, exempt from duty, &c, 570 : Merchandise, &c, removed to places in the interior whilst in the oc- cupation of the troops of the United States, also exempt from duty, &c, 570 : But merchandise, &c, removed to places not occupied by the forces of the United States may be subject to the payment of duties under Mexican laws, &c, 570 : Owners of merchandise, &c, to have the right to reship the same free of duty, 571: Metals, and other property exported from Mexican ports whilst occupied by the forces of the United States previous to the restoration of the custom-houses, 571 : (20) The tariff established by the United States at places occupied by their forces in Mexico to be in force for sixty days after the signa- ture of this treaty, 571 : (21) In case of disagreement between the governments of the two countries, mutual representations and pacific negotiations to be used to settle such differences, 571 : (22) Rules to be observed in case war should break out, 571 : Merchants to be allowed time to settle their affairs and collect their debts, and at the end of that time to have liberty to depart with their ef- fects, 572 : Upon the entrance of the armies of either republic into the territories of the other, women, children, ecclesiastics, &c, to be unmolested, 572 : Their property to be respected, and if taken in case of necessity, to be paid for, 572 : Churches, hospitals, schools, &c, to be respected, 572 : Prisoners of war, their treatment, 572 : The solemn covenant herein entered into not to be annulled on the preteuce that war dissolves all treaties, 573 : Treaty subject to ratification, and ratifications to be exchanged in four months from date of signature, 573 : Protocol, 573 : Articles referred to in the 15th Article of preceding treaty : Ar- ticle 1, 574 : Article 5, 575. Treaty relative to boundary, transit of persons, &c, across the Isthmus of Tehuantepec : Concluded December 30, 1853 ; Ratification advised by Senate, with amendments, April 25, 185*4 ; Ratified by President June 29,1854; Ratifications ex- changed at Washington June 30, 1854; Proclaimed June 30, 1854. (10 St. at L.,1031.) (1) Boundary between Mexico and theUnited States, lines to be surveyed and marked, 575 : (2) Release of the obligations of Article XI of the treaty of Guadalupe SYNOPTICAL INDEX MEXICO. 1147 Xh T ^™™185 3-SS TBANSIT ^ ™ KS > &C '> ACK0SS THE l8 ™ s «* Hidalgo 576 : (3) Mexico to be paid ten million dollars ; Articles VI and VII of the S*^,^, S^JSFi Hidalgo annulled, 576 : (4) Free passage through the Gulf of California, 577 : (5) How far Article VII of treaty of Guadalupe Hidalgo is to ap- ply to the .Rio Bravo del Norte, 577 : Articles VIII, IX, XVI, and XVII of the treaty oi Guadalupe Hidalgo to apply to the country hereby ceded, 577 : (6) Grants of land by Mexico after September 25 not to be valid, 577: (7) Provis- ion in case ol difficulties arising between the two nations, 577 : (8) Provisions respecting the road across the Isthmus of Tehuantepec, 578 : Transportation of mails and property across the isthmus, 578: Port of entry to be opened, 578: Transportation of troops and munitions of war, 578: United States may protect the road, 578 : (9) Ratification, 578. Treaty foe extradition of criminals: Concluded December 11, 1861; Ratification advised by Senate, with amendment, April 9, 1862 ; Ratified by President April 11, ™i Ratifications ex-changed at city of Mexico May 20, 1862 ; Proclaimed JuneW, lob^. (1,4 St. at L., 1199.) (1) Persons accused of certain crimes to be given up, what proof required, 579 : (2) Crimes committed in frontier State of either nation, requisition how made, 579 : (3) Extradition crimes enumerated, 580 : (4) Surrender to be made only by Exec- utive, except, 580 : (5) Expense of delivery, who pays, 580 : (6) Political offen- rS! n( ?os„ u< i ed; Cltlz ens not to be surrendered, 580 : (7) Duration of treaty, 581 : (8) Ratification, 581. Convention for adjustment of claims : Concluded July 4, 1868 ; Ratification ad- vised by Senate July 25, 1868 ; Ratified by President January 25, 1869 ; Ratifica- tions exchanged at Washington February 1, 1869; Proclaimed February 1, 1869. (15 St. at L., 679.) (1) Claims upon both countries to be submitted to the commissioners, 581 : Provis- ion for the death, absence, &c, of either commissioner, 582 : Commissioners to meet in Washington within six months, 582 : Commissioners to name umpire, 582 : If they caunot agree on umpire, each to name a person, and it shall be de- cided by lot, in each case, which of the two shall act as umpire in that case, 582 : If umpire declines to act another may be named, 582 : Umpire to subscribe a solemn declaration, 582 : (2) Commissioners to proceed to investigate and decide claims, 582 : Mode of procedure, 582-583 : Umpire to be called in if, &c; decis- ion to be in writing, 583 : Decision to be final and conclusive and full effect to be given to it, 583 : No claim arising from any transaction prior to 1848 to be con- sidered, 583 : (3) Claims to be presented within eight months of day of their first meeting, unless, &c, 583 : Time not to be extended for over three months longer,. 583 : Commissioners to decide upou every claim within, &c, 583 : (4) The awards in favor of citizens of one country to be deducted from those in favor of citizens of the other country, and the balance, not exceeding §300,000, to be paid within twelve months, 583 : (5) Commissioners to make a full and final settle- ment of all claims prior to ratification hereof, 584 : (6) Record to be kept; secre- taries' salaries ; whole expenses to be deducted from sums awarded, but not to exceed five per cent, thereof, 584 : (7) Ratification, 584. Convention relative to naturalization : Concluded July 10, 1868 ; Ratification ad- vised by Senat-e July 25, 1868 ; Ratified by President January 27, 18S9 ; Ratifica- tions exchanged at Washington February 1, 1869 ; Proclaimed February 1, 1869. (15 St. at L., 687.) (1) Citizens of one country naturalized in the other to be treated as citizens of such other country, 585 : Declaration of intention to become a citizen not to have the effect of naturalization, 585 : (2) Naturalized citizens returning to original coun- try liable to trial and punishment for offences committed before emigration, saving limitations, &c, 585 : (3) Convention of December 11, 1861, for extradi- tion of criiniuals to remain in full force, 585 : (4) Naturalization, how it may be renounced; when the intention not to return may -be held to exist, 585-586 : (5) Duration of convention, when it shall take effect, 586 : (6) Ratifications, when to be exchanged, 586. Convention extending duration of commission on claims under convention of July 4, 1868 : Concluded April 19, 1871 ; Ratification adeised by Senate December 11, 1871 ; Ratified by President December 15, 1871 ; Ratifications exchanged at Wash- ington February 8, 1872 ; Proclaimed February 8, 1872. (17 St. at L., 861.) (1) Duration of joint commission for settlement of claims extended one year, 587 (2) Ratification,. 587. Convention, for further extension of duration of joint commission of claims under convention of July 4, 1868 : Concluded November 27, 1872 ; Ratification advised by Senate, with amendment, March 9, 1873*; Ratified by President March 10, 1873 ; Ratifications exchanged at Washington July 17, 1673 ; Proclaimed July 24, 1873 (1) Time of duration of commission extended two years, 917 : (2) Ratification, 917. 1148 SYNOPTICAL INDEX — MOROCCO-MUSCAT. MOROCCO, Treaty of amity and commerce, and additional article : Concluded January 25, 1787 ; Ratified by Congress July 18, 1787. (8 St. at L., 100.) (1) Emperor's consent to the treaty, 589 : (2) Neither party shall take commissions from the enemy of the other, 589 : (3) Regulations in case of capture, 589 ; (4) Signal or pass to he given to vessels, 589 : (5) How vessels shall be examined in time of war, 589 : (6) Citizens of the United States captured, to be released, 589 : (7) Vessels wanting supplies to be furnished, 589 : (8) Provision in case of mis- fortune, 590 : (9) Regulation in case of shipwreck and being forced into port, 590: (10) Vessels protected in certain cases, 590 : (11) Privileges of vessels in case of'war, 590 : (12) Ships of war belonging to the United States not to be ex- amined, 590 : (13) Ships of war to be sainted, 590 : (14) Commerce on the footing of the most favored nation, 590 : (15) Privileges of merchants, 591 : (16) In case of war, prisoners not to be enslaved, but exchanged, 591 : (17) Merchants may buy and sell all goods except those prohibited to other Christian nations, 591 : (18) Goods to be examined before sent on board, and not after, unless in case of fraud, 591 : (19) Vessels not to be detained, 591 : (20) How disputes shall be set- tled, 591 : (21) How dimes shall be punished, 591 : (22) How estates of deceased citizens shall be disposed of, 592: (23) Consuls and their privileges, 592 :. (24) Regulations in case of war, 592 : (25) This treaty to be in force for fifty years, 592 : Additional article, 593. Treaty of peace and friendship : Concluded September 16, 1836 ; Ratification advised by Senate January 17, 1837 ; Ratified by President January 28, 1837 ; Proclaimed Jan- uary 30, 1837. (8 St. at L., 484.) (1) Mutual agreement between the parties to the treaty, 594: (2) Neither party to take commissions from au enemy, 594 : (3) Persons, &c, of one party captured in an enemy's vessel to be released, 594 : (4) Vessels to have passports, 594 : (5) Visits of vessels at sea, 594 : (6) American citizens and effects to be restored, 594 : (7) Vessels in port to be supplied with provisions, &c, 595 : (8) No duty on ves- sels of the United States putting in for repair, 595 : (9) Stranded vessels to be protected, 595 : (10) Vessels engaged within gunshot of forts to be protected, 595 : {11) Enemies' vessels not allowed to follow for twenty-four hours, 595 : (12) Ships of war not to be examined in port, 595 : (13) Salutes to be returned, 595 : (14) American commerce on the most favored footing, 596: (15) Employment of in- terpreters, &.c, 596 : (16) Exchange of prisoners in case of war, 596 : (17) No com- pulsion in buying or selling goods, 596 : (18) No examination of goods on board, except where* contraband is proved, 596 : (19) No detention of vessels, 596 : (20) . Disputes between Americans, 636: (5) IqulsitTonsfor F™n,e H 'nf th, a tl«?s fV PJ oof required ; warrant for arrest, &c, 636: (6) Expenses of the arrest, detention, and transportation, 636 : (7) Convention to continue how long ; when to be ratified, &c, 637 convention to NORTH GERMAN UNION. ^•2,^ c ^ ET( ?« NATUR ^ IZATION: Concluded February 22, 1868; Ratification tZ KnufZ "' Wlth , ame «fTj> f ««* 26, 1868: Ratified by President March 30, St t l H1?\ exchanged at Berlin May 9, 1888 ; Proclaimed May 27, 1868. (15 St. at L., 615.) (1) Naturalization, what considered to constitute, 638: (2) Naturalized citizens lia- ^nf°f 6UCe , S R C ?L"S lltte . Cl b , ef ? re na tMalization, 638 : (3) Extradition conven- «QQ L I ! 16 V 18o 5 ex * end ed to all States of North German Confederation, ™f : (*).™™™>»™«™3, 639: (5) Duration of convention, 639 (6) Ratifications, 639 : Protocol to treaty, 639. oldenburg. Declaration of accession to treaty of commerce and navigation between the Fn NI i T « J ^ States and Hanover of June 10, 1846: Signed and exchanged March lUj lo47. — b4l. (9 St. at L. T 868.) Declaration of accession to convention of June 16, 1852, between the United States and Prussia and other States of the Germanic Confederation for extradition of criminals: Dated December 30, 1853 ; Proclaimed March 21, 1854. — 917. ORANGE TREE STATE. Convention of friendship, commerce, and extradition : Concluded December 22, 1871; Ratification advised by Senate April 24, 1872; Rectified by President April 27 ', 1872 ; Ratified by Vollceraad of Orange Free State May 10, 1872 ; Ratifications ex- changed at Washington August 18, 1873 ; Proclaimed August 23, 1873. (1) Citizens to be admitted and treated upon a footing of equality; hut this not to include political rights,' 918: (2) Exemption from military service ; citizens of one country residing in the other not to pay higher imports than those of the other, and to be on an equal footing with respect to indemnities for damages, 918 : (3) Citizens of either country may dispose of their personal property in the other and inherit such property; real estate falling in one country to a' citizen of the other may be sold, and proceeds thereof be withdrawn and exported with- out paying charges other than those paid by an inhabitant of the country in which it may be situated, 918 : (4) Disputes respecting property shall be de- cided according to the laws of the country in which the property is situated, 919 : (5) Consuls of both countries to have privileges of most favored nation ; exequaturs of offending consuls may be withdrawn, &c. ; archives of consulates inviolable, 919 : (6) Equality of duties, 919 : (7) Favors in commerce if granted to any nation to be enjoyed by the other party, 919 : (8) Persons accused of a crime named in following article to be given up if the crime be so proven as to justify their commitment if it had taken place in the country where the accused person is, 919 : (9) Persons to be delivered up must be charged with one of the specified crimes, 919 : (10) Surrender to be made by the Executives of the coun- tries, 919 : (11) Expense of detention and delivery to be paid by party making the demand, 919 : (12) Not to apply to future crimes or to political offences, 919 : (13) Duration of convention, 919: (14) Ratifications, 920. OTTOMAN" PORTE. Treaty of commerce and navigation : Concluded May 7, 1830 ; Ratification advised by Senate, Feh-uary 1, 1831 ; Ratified by President February 2, 1831 ; Ratifications exchanged at Constantinople, October 5, 1831; Proclaimed February 4, 1832. (8 St. at L., 408.) (1) Merchants of the parties put, as to duties, on the footing of the most favored nation, 643: (2) Consuls, 643 : (3) Employment of brokers; visit of American vessels, 644 : (4) Settlement of disputes between the subjects and citizens of the parties, 644: (5) The United States flag to be respected; not to be lent to others, 644 : (6) Vessels of war shall exhibit towards each other courteous con- duct, and the same towards merchant-vessels, 644 : (7) Vessels of the United States shall have the privilege to pass the Dardanelles, 644 : (H) Vessels of either party shall not be impressed, 645 : (9) Wrecks ; exchange of ratifications, 645 1152 SYNOPTICAL INDEX — PARAGUAY-PERSIA. Treaty of commerce and navigation : Concluded February 25,1862 ; Ratification aft- vised by Senate April 9, 1862 ; Ratified by President AprillS, 1862 ; Ratifications ex- changed at Constantinople June 5, 1862 ; Proclaimed July 2, 1862. (13 St. at L., 609.) (1) Privileges of former treaties confirmed, except, &c, 646: Rights of most favored nations, 646 : (2) Citizens of United States may make purchases in the Ottoman Empire, 646 : Permits from local governors abolished, 646 : (3) Duties on articles of Ottoman produce, 646 : Prohibitions not to be imposed, except, &c, 647: (4) Export duty of eight per cent., 646: To be reduced one per cent, annually, 647 : (5) Import duties, 647 : Prohibitions, &c, 647 : (6) Articles for Moldo-Wallachia or Servia, duty on, 648 : For other ports of Ottoman Empire, 648 : (7) Warehous- ing, bounties, drawbacks, &c, 648 : (8) Imports in vessels of either country to be charged same duty, 648 : Same rules as to exports, 648 : (9) Tonnage, harbor, light-house, &c, duties, 649 : (10) What to be deemed vessels of the United States, and what Ottoman vessels, 649: (11) Products. &c, of the United States passing through the Dardanelles or Bosphorus, to be free of duty, 649 : (12) Transit duty to be reduced, 649 : Frauds, 650: (13) Taxes upon, and rights of, citizens of United States, 650: (14) Tobacco and salt, 650: Duties upon traders in, 650 : No export duty upoD, 650 : Regulations as to exportation of, 650 : (15) • Gunpowder, arms, &c, importation of, 650 : Certain articles exempt from stipu- lations, 651 : (16) Finances, 651 : (17) Manifests, 651 : (18) Contraband goods, 651 : (19) Subjects, vessels, and merchandise of Sublime Porfce in United States, 651 : (20) Present treaty to be substituted for convention between Sublime Porte and Great Britain, 651 : To continue in force twenty-eight years, 651 : To be exe- cuted in all the provinces of Ottoman Empire, 652: (21) Treaty to'be construed fairly, 652 : (22) Tariff of custom-house duties, 652 : To remain in force seven years, 652: How and when may be revised, 652 : (23) Ratifications, 652. PABAGtAT. Convention for settlement of claims of the " United States and Paraguay Navigation Company:" Concluded February 4, 1859 ; Ratification advisedby Sen- ate February 16, 1860 ; Ratified by President March 7, 1860 ; Ratifications exchanged at Washington March 7, 1860 ; Proclaimed March 12, 1860. (12 St. at K, 1087.) (1) Claims of the " United States and Paraguay Navigation Company " to be settled, 653 : (2) Commission to adjust claims, 653 : Commissioners, how appointed, 654 : Umpire, 654 : (3) Oath, how to be taken, 654 : (4) When to meet and' how long to continue in session, 654 : (5) Paraguay to pay any award of commissioners in favor of said company, 654 : (6) Payment of commissioners and umpire, 654 : (7) Ratifications, 654. Treaty of friendship, commerce, and navigation : Concluded February 4, 1859 ; Ratification advised by Senate February 27, 1860 ; Ratified by President March 7, 1860 ; Ratifications exchanged at Washington March 7, 1860 ; Proclaimed March 12, 1860. (12 St. at L., 1091.) (1) Amity, peace, &c, 655 : (2) Free navigation of the Paraguay, 655: Privileges of citizens of United States in Paraguay, 656 : Privileges of citizens of Paraguay in United States, 656 : (3) Privileges of most favored nation, each to have, 656 : (4) Duties, 656 : No prohibition on exports or imports, 656 : (5) Tonnage, light, or harbor dues, &c, 656 : (6) Imports, duty the same whether in vessels of United States or Paraguay, 656 : (7) What are vessels of United States, and what of Paraguay, 657 : -(8) Import and export duties, 657 : (9) Privileges of merchants, citizens, &c, of each country in territory of the other, 657 : Citizens of each country to be protected in person and property, 657 : (10) Case of the death of citizen of one country in the other, 658 : (11) Compulsory military service, 658: (12) Consuls, privileges of, 658: (13) War, provisions in case of, 658 : (14) Citizens of either country in territory of the other, 659 : Religious lib- erty, 659 : Rights of burial and worship, f 59 : (15) Duration of this convention, 659 : Notice on the part of Paraguay, 659 : (16) Ratifications, 659. PERSIA. Treatv of friendship and commerce: Concluded December 13, 1856; Ratification ad- vised by Senate March 10, 1857 ; Ratified by President March 12, 1857 ; Ratifications exchanged at Constantinople June 13, 1857 ; Proclaimed August 18, 1S57. (11 St. at L., 709.) (1) Amity, sincere and constant, 660: (2) Ambassadors, &c, treatment of, 660: (3) Resident citizens of either country in the other, to be protected, 660.: May mi- gage in commerce, 661 : (4) Duties on imports and exports, 661 : (5) Disputes be- tween subjects of Persia and citizens of United States, 661 : Criminal offences, 661 : (6) Effects, &c, of citizens of either country dying in other, 661 : (7) Diplo- matic agent and consuls, 662: Privileges of, 662 :'(8) Duration of treatv, 662 : Ratifications, 662. SYNOPTICAL INDEX PERU-BOLIVIA-PERU. 1153 VERU-BOMVIA. General convention op peace, friendship, commerce, and navigation: Concluded November 30, 1836 ; Ratification advised by Senate October 10, 1837 ; Ratified by Pres- ident October 14, 1837 ; Ratifications exchanged at Lima May 28, 1838 ; Proclaimed October 3, 1838. (8 St. at L., 487.) (1) Firm and inviolable peace, 663: (2) Favors granted to other nations shall be- come common to both nations, 663 : (3) Citizens placed on the footing of the most favored nation with regard to commerce and navigation ; coasting trade excepted, 663 : (4) Merchants and others to manage their own business ; citizens of neither party liable to embargo, &c, 664 : (5) Protection of citizens of either party, seeking refuge in the dominions of the other, 664 : (6) Vessels captured by pirates to be restored, 664 : (7) Assistance in case of wreck, 665 : (8) Power to dis- pose of personal estate and real estate by testament, &c, 665 : (9) Protection of persons and property ; rights of citizens to be enjoyed unless constitutionally withdrawn, 665 : (10) Liberty of conscience secured ; rites of burial, 666 : (ll)8iti- zeus of both parties to have a right to trade with the enemies of the other ; free ships to make free goods, contraband of war excepted ; proviso, 666 : (12) Quali- fication of the principle as to neutral property, 666 : (13) Liberty of commerce and navigation to extend to all goods except contraband ; specification of articles which shall be deemed contraband, 667 : (14) All kinds of merchandise except contraband, free, 667 : (15) Contraband goods, only, liable to confiscation; ves- sels not to be detained unless the articles are so great, &c, that«they cannot be removed on board the capturing vessel, 667 : (16) Blockade, 667 : (17) Regulation of visits at sea, 668 : (18) In case of war, vessels to be provided with sea-letters ; if not so provided, may be adjudged lawful prize, 668 : (19) Vessels under convoy not to be subject to examination, 669 : (20) Prize courts only to take cognizance of prizes, 669 : (21 ) Citizens of either party not to engage in privateering against the other, 669 : (22) In the event' of war between the parties, the citizens of either nation may remain, &c. ; if suspected of mal-practices, may be ordered to depart ; exceptions, 669 : (23) Property of citizens not to be sequestered, 670 : (24) Immunities of public agents, 670 : (25) Consuls, 670 : (26) Consuls to exhibit their commissions, 670 : (27) Privileges of consuls ; consular archives to be invio- lable, 671 : (28) Consuls may require assistance ; deserters, how to be disposed of, 671 : (29) Consular convention to be framed, 671 : (30) Duration of the treaty ; citizens liable for violations of this treaty ; war not to be declared until redress has been demanded ; other treaties not to be affected by this ; ratifications to be exchanged within eighteen months, 671. PERU. [See " Notes," Title " Abrogated, Suspended, or Obsolete Treaties."] Convention for adjustment of claims of certain citizens of the United States : Concluded March 17, 1841 ; Ratification advised by Senate January 5, 1843 ; Rati- fied by President January 12, 1843; Ratifications exchanged at Lima July 22, 1843; Proclaimed February 21, 1844; Modification consented to and time for effective exchange of ratifications extended by Senate May 29, 1846 ; Ratifications exchanged a second time, at Lima, October 31, 1846 ; Proclaimed finally January 8, 1847. (9 St. at L., 815.) (1) Peru to pay the United States |300,000, 673: (2) To be paid in ten annual instalments, 674 : (3) Interest at the rate of 4 per cent., 674 : (4) To be paid in hard dollars, 674 : (5) No further demand for claims to be presented by S. Lamed ; claims subsequent to those presented by Mr. Lamed to the govern- ment of Peru to be examined, 674 : (6) Optional with Peru to pay with orders on the custom-house at Callao, 674 : (7) To be ratified within two years, 674. Treaty of friendship, commerce, and navigation : Concluded July 26, 1851 ; Ratifi- cation advised by Senate June 23, 1852; Ratified by President July 16, 1852; Ratifi- cations exchanged at Washington July 16, 1852; Proclaimed July 19, 1852. (10. St. at L., 926.) (1) State of amity, 675 : (2) Reciprocal freedom of commerce, 675 : (3) Each nation to stand on the footing of the "most favored nation," 676: (4) Discriminating duties on vessels of 200 or more tons forbidden, 676: (5) Discriminating duties on goods, on account of the national character of the vessel, forbidden, 676: (6) On goods forbidden, 677: (7) Provision against discriminating duties, 677: (8) Augmentations of duties, when to take effect, 677 : (9) Regulations of coasting trade, 677: (10) Provisions respecting steam-vessels, 677: (11) Definition of "Peruvian" vessel, 678: (12) Provisions respecting whale-ships, 678: (13) Com- mercial provisions, 678: (14) Privileges of Peruvian citizens in California mines, 679 : (15) Right to dispose of and inherit property, 679 : (16) Provisions for the case of wrecks, &c.,679: (17) Same subject, 679 : (18) Property captured from pirates, to be restored, 680 : (19) Personal rights of citizens of either nation in 1154 SYNOPTICAL INDEX PERU. Treaty of friendship, commerce, and navigation, 1851 — Continued. the other, 680 : (20) Liberty of conscience, burials, 680 : (21) Trade with enemies, 680 : Free ships to make free goods ; exception of nations not recognizing this principle, 680 : (22) Neutral goods in enemies' vessels, 681 : Exception of contra- band, 681 : (23) Definition of contraband, 681 : (24} Exception of siege and blockade, 681: (25) Provisions for the case of free among contraband goods, 682: (26) Provisions respecting blockade, 682: (27) Eight of visitation and search regulated, 682 : Convoy excepted, 682 : (28) Ship's papers in case of war, 683 : (29) Vessels under convoy, 683 : (30) Trial of prize cases, 683 : (31) Citizens accepting commissions, or letters of marque, against the other, may be treated as pirates, 684 : (32) Provisions in case of war between the two nations, 684 : (33) Eights to property, 684 : Personal rights ; debts, &c, not confiscated, 684 : (34) Envoys, &c, to enjoy favors, &'c, of those of most favored nation, 684 : (35) Consuls and vice-consuls may be appointed, 685: Particular places may be ex- cepted, 685 : To take out an exequatur ; to have rights, &c, of those of the " most favored nation," 685 : To take charge of estates of deceased persons, 685 : (36) Exemptions of, 685 : Archives and papers of, to be inviolate, 685 : (37) De- serters, reclamation of, 685 : (38) Consular convention to be formed, 686 : (39) In case of death of citizen of one country in other, 686 : (40) Treaty, how long to remain in force, 686 : Acts of individuals not to disturb amity, 687 : War not to be declared for violations of this treaty till redress is demanded, 687 : Treaty not to contravene former treaties with other nations, 687 : Exchange of ratifi- tions,687. • •' Convention relative to rights of neutrals at sea : Concluded July 22, 1856 ; Rat- ification advised by Senate March 12, 1857 ; Ratified by President October 2, 1857 ; Ratifications exchanged at Washington October 31, 1857 ; Proclaimed November 2, 1857. (11 St. at L., 695.) (1) Eights of neutrals at sea, 688 : (2) Article 22 of former treaty of July 26, 1851, annulled, 688 : (3) Application and extension of Article 1, 688 : (4) Nations acceding to rules shall enjoy the resulting rights, 688 : (5) Ratifications, 689. Convention interpreting twelfth article of treaty of friendship, commerce and navigation of July 26, 1851 : Concluded July 4, 1857 ; Ratification advised by Senate April 30, 1858 ; Ratified by President May 7, 1858 ; Ratifications exchanged at Washington October 13, 1858 ; Proclaimed October.li, 1858. (11 St. at L.,725.) (1) Extent of exemption of whale-ships from duty, 690 : (2) Articles exempted, 690 : (3) Enumerated articles to the value of $500 free of duty, 690 : (4) Force and effect of stipulations in this convention, 691 : Signatures, 691. Convention respecting the vessels "Lizzie Thompson" and " Georgianna:" Con- cluded December 20, 1862 ; Ratification advised by Senate February 18, 1863 ; Ratified by President February 24, 1863; Ratifications exchanged at Lima' April 21, 1863; Proclaimed May 19, 1863. (13 St. at L., 635.) (1) King of Belgium to be arbiter, 692: (2) King of Belgium to be properly solicited to act as arbiter, 692 : Papers to be submitted to him, 692 : (3) Documents, &c, to be submitted within six months, 692 : (4) Decision of arbiter to be final, 692: (5) Ratifications, 692. Convention for mutual adjustment of claims : Concluded January 12, 1863 ; Rati- fication advised by Senate, with amendments, February 18, 1863 ; Ratified by President February 24, 18 63 ; Ratifications exchanged at Lima April 18, 1863 ; Proclaimed May 19, 1863. (13 St. at L., 639.) (1) Claims against Peru to bo referred to a mixed commission, 693: Number and appointment of commissioners, 693 : Vacancies, 693 : (2) Commissioners to name an umpire, 693: (3) To meet in Lima, 693: To take and subscribe oath, 693: Oath of umpire, 694 : (4) To examine claims, mode of procedure, 694 : Papers to be furnished, 694 : (5) Decision to be final, 694 : Agreement of three commis- sioners sufficient, 694 : (6) Each party shall execute decree without appeal, 694 : Payments, interest, &c, 694: (7) Secretary of commission, 694 : Rules of busi- ness, 694: (8) Decisions, 694 : Commission, when to end,- 694: Umpire's decision, 695 : (9) Expenses of commissioners, umpire, &c, 695 : (10) Ratifications, 695. Convention for adjustment of claims: Concluded December 4,1868; Ratification advised by Senate April 15, 1869; Ratified by President May 3, 1869; Ratifications exchanged at Lima June 4, 1869; Proclaimed July 6, 1869. (16 St. at L., 751.) (1) Certain claims upon the two governments to be referred to two commissioners, 696: Commissioners, how appointed, 696 : Vacancies, 696 : To meet at Lima, 696: To subscribe a declaration, 696 : Declaration to be entered on record, 696 : Um- pire, provisions as to choice of, 696 : (2) Claims, forthwith investigation of, 696 ; Decisions to be final, 697 : (3) All claims to be presented within two months from first meeting of commissioners, unless, &c, 697 : (4) Time within which claims must be paid, 697 : (5) Commission to be final settlement of all claims, &c, prior to exchange of ratifications, 697 : (6) Salaries of commissioners, umpire, &c, 698 : (7) Convention, when to be ratified, 698 : (8) This convention not to be a precedent as to future claims, 698 : Execution, 698. SYNOPTICAL INDEX— PORTUGAL-PRUSSIA. 1155 PORTCGAl, Treaty of commerce and navigation: Concluded August 26, 1840- Ratification ad vised by Senate February 3, 1841 ; Ratified by President April 23, 1841 -RatiZtZt Ranged at Washington April 23,1841; Proclaimed April 24, 1841.' (8 St. at K, (1) fiQq^vi^o*^ ^^ 01111116 ^ 6 an ? . navi g a «°a; liberty of residents secured, 699 : (2) Vessels of either party arriving in the ports of the other, put on the ^rlr^T* 1 T Sel8 ',^^ (3) No 0ther or ^g her dl ^<* *<» °° fmposed on importations, &o ; all prohibitions to be general" no other or higher duties imposed on exportations to the United States than payable on expfrUtions to other countr.es; this stipulation not to interfere with the special stipulation £„ d •£*» ™ th France by the United States, 700: (4) Same duties on^mpor tations, &c in vessels of either party, 700: (5) Favors granted by either party ll n t M| t0 beo °™ comm . 011 , 700 : (6) No higher or other duties on exporta- tions,&c, than are paid by national vessels ; bounties, &c, the same in vessels of either party 701 : (7) Coasting trade excepted, 701 :' (8) The Cgolug st%u- lations not to be applicable to certain ports ; said ports, &c, when opened to any foreign nation, to be open to the United States, 701 : (9) Protection to ves- sels seeking refuge or asylum, in the rivers, bays, &c, or territories of the other for stress of weather, or pursuit of pirates, 701 : (10) Each party to have con- suls, &c, in each other's ports; consuls engaging in commerce; consuls violat- ing the laws ; consular archives to be inviolable ; disputes between Americans &c.,to be decided by the consul; contending parties may resort to the judicial authorities of their own country, 702 : (11) Consuls, &c, may require the aid of civil authoritie.6 to arrest deserters; how the demand for deserters shall be made • deserters, when arrested, how to be disposed of, 702: (12) Power to dispose , of personal goods, &c. ; in case of persons holding real estate within the terri- tories of either power, to be allowed time to sell the same, 703 : (13) Favors in navigation, &c, to become common, 703 : (14) Duration of the treaty ; citizens personally responsible for violations of the treaty ; reprisals not to be author- ized, nor war declared, until a statement of injuries shall be presented; ratifica- tions to be exchanged within eight months, 703. Convention for payment of claims of American citizens : Concluded February 26, 1851 ; Ratification adoised by Senate March 7, 1851 ; Ratified bi/ President March 10, 1851 ; Ratifications exchanged at Lisbon June 23, 1851 ; Proclaimed September 1 ■ 1851. (10 St. at L., 911.) (1) Payment of claims to be made in full, 705 : (2) The case of the " General Arm- strong" to. be submitted to arbitration, 705 : (3) Copies of all papers to be laid before arbiter, 705 : His decision final, 705 : (4) $91,727.00 to be paid for other claims, 705: (5) Payment, how made, 705 : (6) Interest, 703 : (7) Ratifications, PKITSSIA. ISee "Notes," Title "Abrogated, Susper.did, or Obsolete Treaties."}. Treaty of amity and commerce : Concluded September 10, 1785 ; Ratified by Conaress May 17, 1786. (8 St. at L., 84.) * (1) Peace and friendship between the two nations, 707 : (2) Subjects of Prussia enti- tled to the same privileges in United States as the most favored nation, 707 : (3) Citizens of the United States entitled to the same privileges in Prussia as the most favored nation, 708 : (4) Regulations of commercial intercourse, 708 : (5) ; Vessels !not to be forced to unload merchandise, 708 : (6) Goods to be examined before loaded, and not after, unless in case of fraud, 708 : (7) Each party to pro- tect the vessels and effects of the other in their dominions, 709: (8) Vessels coming on the coast or entering the ports of either nation, how to be treated, 709 : (9) In case of shipwrecks, relief to be afforded, and goods restored, 709 : (10) The citizens or subjects of either party may dispose of their personal estate by will or otherwise ; regulations concerning the same, 709 : (11) Liberty of con- science secured, 710 : (12) Liberty for either party to trade with a nation at war with the other; free ships make free goods, 710 : (13) No goods shall be deemed contraband so as to justify confiscation ; but vessels may be detained, 710 : (14) Vessels to be furnished with sea-letters or passports, 711 : (15) How vessels are to be treated when met by ships of war or privateers, 711 : (16) Vessels not to be de- tained by embargo, &c, 711 : (17) When recaptured vessels shall be restored, 712 : (18) Vessels driven by stress of weather into port shall be protected, 712 : (19) Vessels of war may carry prizes into the ports of each nation, 712 : (20) Citizens of either party shall not take commissions or letters of marque from a state at war with the other, 712 : (.21) Regulations to be observed in case of war 1156 SYNOPTICAL INDEX PRUSSIA AND OTHER GERMAN STATES. Treaty op amity and commerce, 1785— Continued. against a common enemy, 712 : (22) Convoys in certain cases, 713 : (23) In case of war nine months to be allowed to citizens to settle their affairs ; principles of conducting war; no commissions to be grauted to private armed vessels, 713; (24) Treatment of prisoners of war regulated, 713 ; (25) Consuls to be allowed in the ports of each nation, 714: (26) All favors granted to another nation by one party shall become common to the other, 714 : (27) Treaty to be in force for ten years, 715. Theaty of amity and commerce: Concluded- July 11, 1799; Ratification advised by Senate February 18, 1800 ; Ratified by President February 19, 1800 ; Ratifications exchanged at Berlin June 22, 1800 ; Proclaimed November 4, 1800. (8 St. at L., 162.) (1) Peace and friendship established, 716 : (2) Privileges of Prussia; subjects trading to the United States, 716 : (3) Commercial privileges, 716 : (4) Commercial priv- ileges, 716 : (5) Unloading of vessels, 717 : (6) Unloading of vessels, 717 : (7) Protection of property within the jurisdiction of each party, 717 : (8) Vessels coming on the coast, or entering a port, without wishing to break bulk, 717 : (9) Shipwrecks, 717 : (10) Alienation of real estate ; real estate within the do- minions of one party falling upon the subjects of the other, 718: (11) Freedom of conscience, worship, &c, 718 : (12) Relative to the principle of free ships making free goods, 718: (13) Of contraband, 719: (14) Documents to be carried by vessels in time of war, 719: (15) Manner of visiting vessels riot under convoy, 720: (16) Of embargoes; seizures, detentions and arrests, to be made in due course of law, 720 : (17) Salvage on recapture, when one. of the powers is neu- tral, 720: (18) Right of asylum, 720: (19) Bringing in of prizes, 721: (20) The subjects of one party shail not take letters of marque from the enemy of the other, &c, 721 : (21) Rules applicable to the prosecution of a common war, 72] : (22) The ships of war of one party shall protect the vessels of another, 722 : (23) Regulations for softening the effects of war between the two parties, 722: (24) Regulations relative to prisoners of war, &c, 722: (25) Consuls, &c, allowed to reside in the dominions of the parties, 723 : (26) Favors granted to others, to ex- tend to the parties, 723 : (27) Limitation of treaty to ten years from the ex- change of ratifications, 723. Treaty or commerce and navigation : Concluded May 1, 1828 ; Ratification advised by Senate May 4, 1828 ; Ratified by President; Ratification again advised and time for ex- change of ratifications extended by Senate March 9, 1829 ; Ratifications exchanged at Washington March 14, 1829 ; Proclaimed March 14, 1829. (8 St. at L., 378.) (1) Reciprocal liberty of commerce between the territories of both parties, 724 : (2) Freedom of navigation, and perfect reciprocity, 724 : (3) All articles of commerce to pay the same duties in vessels of either nation, 724 : (4) Stipulations of the two preceding articles to apply to vessels of Prussia and the United States com- ing from any ports, 725 : (5) Produce of the parties put on the most favorable footing, 725 : (6) Vessels of parties put on the same footing as to exportationa, 725 : (7) Coastwise navigation excepted, 726 : (8) Neither party to give any preference to goods on account of the importing bottom, 726 : (9) Prospective provision for maintaining the most favored footing, 726 : (10) Consuls, 726: (11) Consuls, &c, may require the aid of local authorities, 726 : (12) Certain stipula- tions in former treaties revived ; security of neutral navigation to be the subject of future treaty, 727 : (13) Vessels entering blockaded ports, 727 : (14) Provisions as to personal property of citizens, &c, 728: (15) Treaty to remain in force for twelve years, &c, 728: (16) Ratifications to be exchanged within nine months, 72A PRUSSIA AND OTHER GERM.13T STATES. Convention for extradition op criminals : .Concluded June 16, 1852 ; Ratification advised by Senate March 1 5, 1853 ; Ratified by President May 27, 1853 ; Ratifications exchanged at Washington May 30, 1853 ; Proclaimed June 1, 1853. (10 St. at L., 964.) (1) Persons charged with certain crimes to be mutually surrendered, 729 : (2) Other States may accede hereto, 730 : (3) No State to surrender its own citizens, 730 : (4) Trial before delivery when person commits new crime in State which he makes his aBylum, 730 : (5) - Limitation of this treaty, 730: (6) Ratifications, 730. Additional article to convention of June 16, 1852, for extradition of cbmi- nals : Concluded November 16, 1852 ; Ratification advised by Senate March 15, 1853; Ratified by President May 27, 1853 ; Ratifications exchanged at Washington May 30,- 1853 ; Proclaimed June 1, 1853. (10 St. at L., 968.) (1) Time for ratification of convention for extradition of criminals extended, 731 : Additional article to have same effect as if inserted in aforesaid convention, 731. SYNOPTICAL INDEX RUSSIA-SAN SALVADOR. 1157 RUSSIA. [See "Notes," Title "Abrogated, Suspended, or Obsolete Treaties."] Convention relative to navigating, fishing, &c, in the pacific ocean, and to establishments on the northwest coast : Concluded April 5-17, 1824 ; Ratification advised by Senate January 5, 1825 ; Ratified by President January 7, 1825 ; Ratifications exchanged at Washington January 11, 1825 ; Proclaimed January 12, 1825. (8 St. at L., 302.) 3 (1) Navigation and fisheries of toe Pacific to be free to both parties, 733 : (2) Illicit trade to be prevented, 733: (3) No establishment to be formed hereafter by citi- zens of the United States north of 54 degrees 40 minutes, or by Russia south of the same latitude, 734 : (4) Interior seas to be free to both nations for ten years, 734 : (5) Certain articles always to be excepted from this commerce, 734 : (6) . Ratifications to be exchanged in ten months, 734. Theaty of commerce and navigation, and separate article thereto: Conclu- ded December 6-18, 1832 ; Ratification advised by Senate February 27, 1833 ; Ratified by President April 8, 1833 ; Ratifications exchanged at Washington May 11, 1833 ; Proclaimed May 11, 1833. (8 St. at L., 444.) (1) Liberty of commerce and navigation, 735 : (2) Tonnage duties reciprocally on the footing of the most favored nation, 735 : (3) Merchandise imported in the ves- sels of either party not to be subject to increased duties, 736 : (4) The same rule to prevail, whether such vessels arrive from their own or foreign ports, 736 : (5) Merchandise which may be imported in national vessels, may be so in the ves- sels of either party, 736 : (6) No higher duties shall be imposed, than on the same articles from other countries ; all prohibitions shall be general, 736 : (7) The coasting trade excepted from articles 2,3,4,5,6, 737: (8) Consuls, &o. Their authority and privileges ; consuls to judge and arbitrate in certain cases, 737 : (9) Consuls, &c, may require the aid of local authorities to arrest deserters ; deserters to be sent back within four months,_737 : (10) Succession to personal estate, and disposal thereof, 738 : (11) Favors granted to other nations shall become common, 738: (12) This treaty to extend to Poland, and to continue in force until January 1, 1839, 738 : (13) Ratifications to be exchanged within twelve months, 739 : Sep'arate Article, 739 : Certain stipulations which relate to the com- merce between Russia, Prussia, Sweden, and Norway, not to be connected with this treaty, 739. Convention relative to rights of neutrals at sea : Concluded July 10-22, 1854 ; Ratification advised by Senate July 25, 1854; Ratified by President August 12, 1854; Ratifications exchanged at Washington October 31, 1854 ; Proclaimed November 1, 1854. (10 St. at L., 1105.) (1) Free ships to make free goods, 740 : Neutral property, 740 : (2) An ulterior under- standing as to details, 740 : (3) Other nations may accede to this treaty, 740 : (4) Ratifications, 740. Convention for the cession of the Russian possessions in North America to the United States : Concluded March 18-30, 1867 ; Ratification advised by Senate April 9, 1867 ; Ratified by President May 28, 1867*; Ratifications exchanged at Wash- ington June 20, 1867 ; Proclaimed June 20, 1867. (15 St. at L., 539.) (1) Cession of territory, boundaries, 741 : (2) Cession of territory, what to include, 742: (3) Rights of inhabitants, 742: (4) Agents, &c, 743 : Cession to be absolute, 743: (5) Military posts, 743: (6) Payment, 743: Territory ceded to be unen- cumbered, 743 : (7) Ratifications, 743. Article respecting trade-marks, additional to treaty of navigation and commerce of December 6-18, 1832 : Concluded January 27, 1868 ; Ratification advised by Senate July 25, 1868; Ratified by President August 14, 1868; Ratifications exchanged at St. Petersburg September 21, 1868 ; Proclaimed October 15, 1868. (16 St. at L., 725.) Additional article, trade-marks, 744'. SAST SAtVAlBOK. Treaty of peace, amity, commerce, and navigation : Concluded January 2, 1850 ; Ratification advisedby Senate September 24, 1850; Ratified by President November 14, 1850 ■ Time for exchange of ratifications extended by Senate September 27, 1850, to April 1, 1851 ; Ratifications exchanged at city of San Salvador June % 1862 ■, Exchange of ratifications consented to by Senate April 4, 1853 ; Proclaimed April 18, 1853. (10 St. (1) Pea^e ^friendship, 745: (2) " Most favored nation " provision 745 : (3) Right to trade and hold property, 745 : Coasting trade reserved, 746 : (4) No distinction as to nationality of vessels, 746 : (5) No discriminating duties on produce of either country 746 : (6) Articles IV and V apply whatever port the vessel sails from, 1158 SYNOPTICAL, INDEX SARDINIA-SAXONY. Treaty of peace, amity, commerce, and navigation, 1850 — Continued. 746 : (7) How trade is to be conducted, 747 : (8) Indemnification for embargoes, &c, 747 : (9) Treatment of vessels, 747 : (10) Property recaptured from pirates to be restored, 747 : (11) Provision in case of wrecks, 747 : (12) Provision respect- ing sales and inheritances, 748 : (13) Protection to property and rights, 748 : (14) Liberty of conscience, 748 : Eight of burial, 748 : (15) Free ships to make free goods, &c, 749 : Similar provision as to persons, 749 : Limitation of the princi- ple, 749 : (16) Enemy's ship to make enemy's goods exempt, &c, 749 : (17) Defi- nition of contraband, 750 : (18) All other goods free, 750 : Definition of siege and blockade, 750 : (19) Proceedings in case of contraband, 750 : (20) Blockades, 750 : (21) Visitation and examination of vessels at sea, 751 : Damages for ill-treat- ment, 751 : (22) Sea-letter in time of war, 751 : (23) No search in case of convoy, 751 : (24) Prize courts, 751 : (25) Hostilities to be carried on by public officers only, 752 : (26) Letters of marque or commissioners, 752 : (27) In case of war pro- vision for withdrawal of merchandise, 752 : (28) Debts and property not to be confiscated, 752 : (29) Privileges of ministers, &c, 752 : (30) Consuls and vice- consuls, 753 : (31) Their exequatur, 753 : (32) Their privilege, 753 : (33) Desert- ers, 753 : (34) Consular convention to be formed, 754 : (35) Duration of this treaty, 754 : (36) Peace not to be disturbed by acts of private persons, 754 : Pro- ceedings before declaring war, 754. SARDINIA. [See "Notes," Title "Abrogated, Suspended, or Obsolete Treaties."] Treaty op commerce and navigation, and separate article : Concluded November 26, 1838 ; Ratification advised by Senate March 2, 1839 ; Ratified by President March 8, 1839 ; Ratifications exchanged at Washington March 18, 1839 ; Proclaimed March 18, 1839. (8 St. at L., 512.) (1) Reciprocal liberty of commerce and navigation, 755 : (2) Vessels of either party, arriving in .the ports of the other, put on the footing of national vessels, 755 : (3) Importations by American vessels into Sardinia ; importations by Sardinian ves- sels into United States, 756 : (4) The stipulations in the second and third arti- cles, how applicable, 756 : (5) Sardinian vessels may e'kport from the United States ; United States vessels may export from Sardinia, 756 : (6) No other or higher duties to be imposed on importations than are imposed on importations of other nations, 756-757 : (7) Coasting trade excepted, 757 : (8) No preference of importations to be given to either party, 757 : (9) Favors granted to other na- tions to become common, 757 : (10) Vessels of both nations to have the same foot- ing as vessels of the most favored nation, 757 : (11) Shipwrecks, 757 : (12) Vessels of either nation, forced by distress into the ports of the other, to be exempt from port charges, provided, &c, 758 : (13) Blockades, 758 : (14) Articles of commerce allowed to pass from Genoa through the Sardinian territories, &c. ; notice of any transit duty to be given ; importations from the United States to be considered ■ the produce of United States, 753 : (15) Consuls to have the privileges and ex- emptions of those of the most favored nation ; consuls engaging in commerce to be subject to the same laws and regulations to which individuals are subject, 759 : (16) Citizens or subjects of one party being appointed consuls by the other, to be subject to the laws of the country to which they belong, 759 :.(17) Consuls may require the aid of the civil authorities to arrest deserters ; deserters must be sent back within three months, 759 : (18) Power to dispose of personal goods ; in case of real estate, alien heirs allowed time to dispose of the same, 760 : (19) The treaty to continue in force for ten years, &c, 760 : (20) Ratifications to be exchanged within ten months, 760 : Separate article, 760 : The United States to establish differential duties upon certain goods, 761. SAXOSY. Convention for abolition of droit d'aubainb and taxbs on emigration : Con- cluded May 14, 1845 ; Ratification advised by Senate, with amendment, April 15, 1846 ; Ratified by President April 22, 1846 ; Ratifications exchanged at Berlin August 12, 1846 ; Proclaimed September 9, 1846. (9 St. at L., 830.) (1) Droit d'aubaine abolished, 762: (2) Heirs to real property may sell same and withdraw proceeds, 762 : (3) Citizens and subjects of either may dispose of per- sonal property by will or otherwise on same terms as natives, 762 : (4) Property of absent heirs to be taken care of, 763 : (5) Disputes as to inheritance to be settled by local laws, 763: (6) Stipulation of present convention to apply to property already inherited, 763 : (7) Ratification, 763. SYNOPTICAL INDEX SCHAUMBURG-LIPPE-SIAM. 1159 schau3iburo-i.ippe. Declaration of accession to convention of June 16, 1852, between the United States and Prussia and other states of the Germanic Confederation, for extradition of criminals, and to additional article thereto of novem- BER 16, 1852 : Dated June 7, 1854 ; Proclaimed July 26, 1854. (10 St. at L., 972.) Declaration of accession, 920. SIAM. Treaty of amity and commerce : Concluded March 20, 1833 ; Ratification advised oy Senate Jtme%3, 1834 ; Ratified by President ; Ratifications exchanged at Bangkok, April 14, 1836 ; Proclaimed June 24, 1837. (8 St. at L., 454.) (1) Perpetual peace between the two nations, 765 : (2) Citizens of the United States at liberty to enter the ports of Siani with their cargoes, and to sell and barter the same, 765 : (3) Duties payable by vessels of the United States ; no duties payable by vessels entering to refit, 765 : (4) Duties to be diminished as diminished to the most favored nation, 765: (5) Assistance in case of shipwreck, 766: (6) Set- tlement of debts contracted in Siam, 766 : (7) Merchants of the United States to rent the King's factories, &c, 766 : (8) Citizens of the United States taken by pirates to be set at liberty, 766: (9) Merchants of the United States to respect the laws of Siam, 766 : (10) Appointment of consuls, 766 : Final ratification of the treaty reserved for the President of the United States, 767 : Treaty of amity and commerce: Concluded May 29, 1856; Ratification advised by Senate, with amendment, March 13,1857; Ratified by President, March 16, 1857; Ratifications exchanged at Bangkok, June 15, 1857 ; Time for exchange of ratifications extended by Senate, June 15, 1858; Proclaimed August 16, 1858. (1L St. at L., 683.) ( i) Perpetual peace and friendship, citizens of each country to have protection, &c, in the other country, 767 : United States ships of war to render assistance to Siamese vessels, 763 : American consuls at ports visited by Siamese vessels, 768 : (2) American citizens in Siam under consul at Bangkok ; Powers and duties of such consul ; settlement of disputes between Americans and Siamese, 768 : (3) Crimi- nal offences, how and by whom punished, offenders to be mutually surrendered, 768 : (4) American citizens may trade in all Siamese ports, 768 : Can reside only at Bangkok, rights as to purchase or hire of real estate, 768 : Mode of acquiring the same, 768 : Failure* to commence cultivation for three years authorizes a re- sumption of property, 769 : Purchase-money in such case to be repaid, 769 : (5) Freedom of religious worship, Americans may employ Siamese servants, 769 : Limitations of this right, 769 : (6) American ships of war, rights of, &c, 769 : Siamese authorities, where no American ship of war is present, to give American consul sufficient force to support his authority, 769 : (7) American shipping and trade subject only to export and import duty on goods landed and shipped ; rate Of import duty, 769 : Drawback, 770 : Disagreement as to value of imports, how settled, 770 : Opium to be free of duty, 770 : Regulations as to sale, &c. ; exports to pay but one impost ; rate specified in tariff attached, 770 : American merchants may purchase directly from producer, 770: May Bell directly to purchasers ; rates of duty in attached tariff, 770: Privileges of American shipping, 770 ; Americans may build ships in Siam ; exportation of salt, rice, and fish may be prohibited, 770 : Notice thereof to be given, except in case of war, 770 : Bullion and personal effects free of duty ; regulations attached to treaty, how to be enforced, 770 : (8) New regulations may be made and how ; fines and penalties to be paid to Siamese government, 770: (9) American citizens, &c, to have privilege of most favored nation, 770: (10) This treaty may be revised after ten years, 7 / 1: By either party upon twelve months' notice, 771: By commissioners who shall have authority, &c, 771 : (11) Treaty to take effect immediately, 771: English and Siamese versions have same meaning, 771: Ratifications to be exchanged in 18 months, 771: Signature, date of, 771 : (1) Regulations as to American trade in Siam, 771 : Arrivals of vessels, &c, to be reported, 771 : Guns and ammunition to be discharged, 771 : (2) Penalty for refusal so to do 771 : (3) Vessel's papers to be deposited with consul, &c.,771 : Report thereof to be made to custom-house 771 • Penalty for neglect thereof, 772: (4) Penalty for breaking bulk, without nermS for smuggling, &c.,772: (5) Clearance of vessels, 772: (6) The English ^rra£^Dto be taken to be the true one, 772: Also of the treaty and tariff attacEed, 772: (7) Americans intending to reside «, s» to _be regis- tered &c, must have passport to go to sea or beyond certain limits, 772 .Shall not leave Siam, if, Ac. ; other privileges and prohibitions 77 ., : i) Tanff of duties attached to treaty, 772-773 : Articles paying only export duty and rates, 773 , (2) Articles paying inland duties only, and rates, 773: (3) Unenumerated artictes to be free of duty, 774. 1160 SYNOPTICAL INDEX SPAIN. Modification to treaty of amity and commerce of May 29, 1856 : Conchtded De- cember 17-31, 1867 ; Ratification advised by Senate July 25, 1868 ; Ratified by Presi- dent August 11 .1868. (17 St. at L. 807.1 Article. Shipmasters upon anchoring vessel atPaknam to deliver ammunition to custom officers, but the guns can remain on board, 775. SPAIN. Treaty of friendship, limits, and navigation : Concluded October 27, 1795 ; Ratifica- tion advised by Senate March 3, 1796 ; Ratified by President; Ratifications exchanged at Aranjuez, April 25, 1796 ; Proclaimed August 2, 1796. (8 St. at L., 138.) (1) Peace established, 776 : (2) Southern boundary-line of the United States, divid- ing their territory from the Spanish colonies of East and West Florida, established, T76: (3) Commissioners to run the boundary-line, 777 : (4) The Mississippi to be the western boundary, and the navigation thereof secured, 777 : (5) How each nation shall conduct with Indians in their respective territories, 777 : (6) Each nation to protect the vessels of the other in their jurisdiction, 778: (7) No em- bargo allowed ; in cases of seizure for debts or crimes, how to proceed, 778 : (8) Vessels forced into port by stress of weather to be relieved, 778: (9) Property taken from pirates to be restored, 778 : (10) Vessels wrecked and foundered to be relieved, 779 : (11) Settlement of the estates of deceased persons, 779 : (12) Ves- sels suspected shall exhibit passports and certificates, 779 : (13) In case of war, one year allowed to merchants to remove, 779 : (14) No citizen of either nation shall take a commission from a foreign power to arm privateers against the other, 780: (15) Liberty of trade in enemy's ports secured; free ships make free goods, excepting contraband, 780 : (16) What articles shall be deemed contraband, 780- 781: (17) Regulations respecting passports and pea-letters, 781 : (18) Vessels shall exhibit passports to ships of war, 782: (19) Consuls, 782: (20) Courts of justice to be open to citizens of each nation, 782 : (21) Compensation to be made to citizens of United States for illegal captures of vessels by Spanish subjects: Commissioners to ascertain the same, 782-783 : (22) Mutual commerce between the nations to receive extension and favor ; Spanish permits to citizens of the United States to dispose of goods at the city of New Orleans, 783: (23) Ratifica- tions to be exchanged in six months, 783. • Convention for indemnification of persons who have sustained losses, &c, in consequence of excesses of individuals of either nation during the late war : Concluded August 11, 1802 ; Ratification advised by Senate January 9, 1804 ; Ratified by President January 9, 1804 ; Ratifications exchanged at Washington December 21, 1818 ; Proclaimed December 22, 1818. (8 St. at L., 198.) (1) A board of five commissioners to be appointed, 784 : (2) Commissioners to take an oath, 784 : (3) Commissioners to meet and sit at Madrid to receive claims, &c, 784: (4) Commissioners may examine any question on oath, 785: (5) No appeal from the commissioners ; awards to be paid in specie, 785 : (6) Eights founded on claims originating from excesses of foreign cruisers, reserved by each party, 785 : (7) Convention eifective on exchange of ratifications, 785. Treaty of amity', settlement, and limits: Concluded February 22, 1819; Ratification advised by Senate February 24, 1819; Ratified by President; Ratification again ad- vised by Senate February 19, 1821 ; Ratified by President February 22, 1821 ; Rati- fications exchanged at Washington, February 22, 1821 ; Proclaimed February 22, 1821. (8 St. at L., 252.) (1) Firm and inviolable peace and friendship, 786 : (2) His Catholic Majesty cedes the Floridas ; what things are included in tho cession, 787 : (3) Boundary-line west of the Mississippi, according to Mellish's map of January 1, 1818 ; the use of the waters of the Sabine, Red River, and Arkansas, common to both nations ; territorial renunciations corresponding with the boundary-line, 787 : (4) Com- missioner and surveyor to be appointed by each party to run the boundary-line, 789 : (5) Free exercise of religion in the coded territories, &c, 789 : (6) Inhabit- ants of the ceded territories to be incorporated into the Union, &c, 790: (7) Spanish troops to be withdrawn, and possession given within six months after exchange of ratifications, 790 : (8) Grants of land before 24th of January, 1818, confirmed, &c. ; owners to fulfil the conditions ; grants since January 24, 1818, null and void, 790 : (9) Reciprocal renunciation of claims ; renunciation of claims for transactions in the Floridas ; satisfaction by United States for injuries to the inhabitants of Florida, 791 : (10) Convention of August, 1809, annulled, 792: (11) United States to satisfy claims of their citizens to the amount of five millions of dollar's ; three commissioners to be appointed to decideupon claims ; commission- ers to take an oath, &c. ; commissioners may hear and examine on oath, &c. ; Span- ish government to furnish documents, &c. ; records of proceedings, &c, to be deposited in Department of State ; copies to be furnished to the Spanish govern- ment, if required, 792: (12) Treaty of 1795 confirmed, with exceptions: neutral SYNOPTICAL INDEX SWEDEN. 1161 TfflSATV OF AMITY, SETTLEMENT, AND LIMITS, 1819-Coutinued. sels of the Lmted States, for twelve years, 793 • (16^ Traatv to 1»™£ i" X ebruary u, 1819, 794 : Grants in favor of the Duke of Alagon, the Count of Pa- ™^XLX™t° ^ Yarga8 ' aMUll6d ' 795 = C ^ ° f ^ S*f an*- CONVENTION fob the settlement of claims: Concluded February 17 1834- SatMca «M «««™i AiJ»»l 14, 1834 ; Proclaimed November 1, 1834. (8 St. at L 460^ (1) Agreement by Spam to indemnify the United States ; the sum of twelve mil- on reals yellon to be paid, 795 : (2) The interest to be paid in Paris, SSft cfed 7%' -^7- ?T ! g ' aUt f , Pri , 0r ^° th6 date of tSis convention to be' cat ffi ( 1 } k" 1 * of v , olaim / t?^. 6 delivered to the Spanish minister, 796: (5) SnflS SVi ? *° be . ex ,? han S ed within six months, 796: Translation of the form or model of the inscription of the debt assumed by Spain 797 Agreement for the settlement of the claims of citizen's of the United States or of their heirs, against the government of Spain for wrongs and in ju- ries COMMITTED AGAINST THEIR PERSONS AND PROPERTY, OR AGAINST THE PER- SONS AND PROPERTY OF WHOM THE SAID HEIRS ARE THE LEGAL REPRESENTATIVES, BY THE AUTHORITIES OF SPAIN, IN THE ISLAND OF CUBA, OR WITHIN THE MARI- TIME JURISDICTION THEREOF, SINCE THE COMMENCEMENT OF THE PRESENT INSUR- 1 ^ I0 V Conclude .t at Mad rid February 12, 1871, by General Daniel E. Sickles, Envoy Extraordinary and Minister Plenipotentiary of the United States, at Madrid, and Hu Excellency Senor Don Cristino Martos, Minister of Slate of Spain. (17 St. at L., 839. ) (1) Claims to be submitted to arbitrators, and in case of disagreement to umpire, \ : 1 \ Arbitrators to meet at Washington, to decide according' to public law and the treaties between the two countries, 921 : (3) Each government to name an advocate, 921 : (4) Claims to be presented through Government of United States, 921 : (5) Extent of jurisdiction, 921 : Judgment of a Spanish tribunal in Cuba rendered, m the absence of the party no bar to consideration of claim by tribunal, 922: Same on question of citizenship of claimant, 922: (6) Expenses, 922: (7) Award of arbitrators to be accepted by both Governments as conclu- .sive, 922. SWEBEST. Treaty of amity and commerce, and separate articles : Concluded April 3, 1783 ; Ratified by Congress July 29, 1783 ; Proclaimed by Congress September 25, 1783. (8 St. at 1j., 60.) (1) Peace and friendship between the two nations, 799: (2) Neither party to grant favors to other nations that shall not become common to either party, 800 : (3) Subjects of Sweden entitled to the same privileges in the United States as the most favored nation, 800 : (4) Citizens of the United States entitled to the same privileges in Sweden as the most favored nation, 800: (5) Liberty of conscience secured, 800 : (6) Citizens and subjects may dispose of their estates, may inherit, and may remove their effects, 800 : (7) Liberty to either party to trade with a nation at war with the other; free ships make free goods, except contraband, 801 : (8) This liberty extends to all kinds of merchandise except contraband, 801: (9) What goods shall be deemed contraband, 801 : (10) What goods shall not be deemed contraband, 602: (11) In case of war ships to be furnished with sea-letters or passports, 802 : (12) Vessels shall exhibit their sea-letters and pass- ports; no contraband may pass, 802: (13) Mode of proceeding if contraband goods are discovered, 803: (14) Goods found in an enemy's ship liable to be confiscated, unless put on board before the declaration of war or within, six months, 803: (15) Vessels of war and privateers shall do no injury; if they do, punishment and restitution, 803: (16) Persons fitting out privateers to be an- swerable by bonds for damages, 804 : (17) Recaptured vessels, 840 : (18) Regula- tions iu case both nations should be at war with a common enemy, 804 : (19) Ships of war and privateers may bring prizes into the ports of either party, 805 : (20) In case of shipwreck relief to be given, 805 : (21) Vessels forced in by stress of weather, 805 : (22) Iu ease of war nine months to be allowed to citizens and subjects to sell and transport their effects, 806: (23) Citizens of neither party to take commissions or letters of marque to serve against the other, 806 : (24) Ves- sels arriving on the coast of either party, how to be treated, 806 : (25) How ships ■are to be treated if met by ships of war, 806:. (26) Consuls, &c, to be allowed in the ports of each nation, 807: (27) Ratifications, 807 : Separate article, 807. 1162 SYNOPTICAL INDEX — SWEDEN AND NORWAY. Separate articles. (1) The King of Sweden to protect vessels and effects of citizens of the United States, 807 : (2) The United States to protect vessels and effects of subjects of Sweden, 808 : (3) In case of war at sea, ships of war to protect and assist vessels of each nation, 808 : (4) Regulations to transact business by the citizens or subjects of one party in the dominions of the other, 808: (5) No vessel to be searched unless in case of fraud ; regulations in such cases, 808. SWEDEN AND SORWAT. Treaty of amity and commerce : Concluded September 4, 1816 ; Ratification advised by Senate, with amendments, February 19, 1817 ; Ratified by President May 27, 1818, ex- cept third, fourth, and sixth articles ; Ratifications exchanged at Stockholm September 25, 1818 ; Proclaimed December 31, 1818. (8 St. at L., 232.) (1) Reciprocal liberty of commerce ; complete security of merchants and traders, 809 : (2) No other or higher duties, &c, than the same articles would be subjected to if they were the production or manufacture of any other country; no prohibition on exportations or importations which does not extend to all other nations ; equal- ization of duties as to the vessels and cargoes of other nations, &c. ; equalization of duties extended to the colony of Saint Bartholomews, 810 : (3) Not ratified, 811: (4) Not ratified, 811: (5) Consuls, &c; proceedings against consuls, &c, offending against the laws; archives, &c, of the consulate to be inviolate; con- suls and their deputies to have the right to act as judges, &c. ; limitation of the right ; right reserved to the parties under consular decisions, 811-812 : (6) Not ratified, 812: (7) Vessels and cargoes may enter ports, &c, on paying pilotage, &c. ; limitation of this privilege, 812 : (8) Vessels may land part of their cargoes and proceed with the remainder on paying a portion of the duties, &c. ; exception as to vessels, 813 : (9) Rights and privileges of entrep6ts, 813 : (10) Regulations in case of shipwreck, 813 : (11) Quarantine regulations, 813 : (12) The treaty of Paris, concluded in 1783, revived in part ; exception as to the effect of the revival of the treaty of 1783 in relation to other powers, 814: (13) Stipulations concerning blockades, 814: (14) This treaty to endure for eight years after the _ exchange of ratifications, 814. Treaty op commerce and navigation, and separate article: Concluded July 4, 1827 ; Ratification advised by Senate January 7, 1828 ; Ratified, by President; Ratifi- cations exchanged at Washington January 18, 1828 ; Proclaimed January 19, 1828. (8 St. at L., 346.) (1) Navigation and commerce, 815:. (2) Swedish and Norwegian vessels, &c.,to be treated as national vessels, 815 ; reciprocal as to American vessels, 816 : (3) Im- ports, 816: (4) Exports, 816: (5) Stipulations to be applicable to American vessels proceeding to Saint Bartholomew, 816-817: (6) Not applicable to coastwise nav- igation, 817 : (7) No preference to be granted in regard to importations, 817 : (8) Tonnage duty, 817 : (9) No restriction to be imposed by either party upon impor- tations and the products of the soil, 817 : (10) All privileges of transit, drawback, &c, to be mutual, 818 : (11) Vessels entering a port and not wishing to unload not to pay duties, 818 : (12) Vessels unloading a part of their cargoes not to pay duties on the remainder, 818 : (13) Consuls, &c, to be admitted into the ports of the contracting parties ; consuls, &c, to act as arbitrators in certain cases, 818,819: (14) Consuls, &c, authorized to require the assistance of the local authorities ; deserters to be placed at the disposition of the consuls, &c. ; pro- ceedings in case of crime on the part of the deserter, 819 : (15) Shipwrecks, 819 : (16) Quarantine, 820 : (17) Certain articles of the treaty of April 3, 1783, revived, 820: (18) Blockades, 820 : (19) Treaty to continue in force for ten years, 821; (20) Treaty to be ratified -within nine months, 821. Separate article, 821 : Provis- ions relative to the 8th, 9th, and 10th articles of the present treaty, 821. Convention for extradition of criminals: Concluded March 21, 1860 ; Ratification advised by Senate June 26, 1860 ; Ratified by President December 14, 1860 ; Ratifications exchanged at Washington December 20, 1860 ; Proclaimed December 21, 1860. (12 St. at L., 1125.) (1) Certain fugitives from justice to be delivered up, 822; preliminary proof re- quired 823: (2) Crimes for which they may be delivered up, 823 : (3) Expenses of ex- tradition, how borne, 823 : (4) This convention not to apply to citizens or sub- jects, 823 : (5) Nor to political offences, 823 : (6) Provision iu case person'com- mits a new crime where he seeks refuge, 823 : (7) When this convention takes effect, 823: Ratification, 824. Convention and protocol relative to naturalization: Concluded May 26, 1869 ; Ratification admsedby Senate, with amendment, December 9, 1870; Ratifiedby President December 17, 1870; Ratifications exchanged at Stockholm June 14, 1871 ;, Exchange of ratifications consented toby Senate January 8, 1872 ; Proclaimed January 12, 1872. (17 St. at L., 809.) . (1) When citizeus of the .United States are to be treated as citizenBof Sweden and Norway, 824 : When those of Sweden and Norway are to be treated as citizens of SYNOPTICAL INDEX SWISS CONFEDERATION-TEXAS. 1163 Convention and protocol relative to naturalization, 1869— Continued ?£? United States, 824 : Declaration of intent not to affect naturalization, 824 ■ (2) Naturalized citizens of either country liable, on return to their original country, for offences committed before emigration, 825 : (3) Provision as to res- toration to citizenship in original country, 825 : (4) Convention for extradition of fugitives from justice not changed, 825: (5) Convention when to go into effect, and how long to continue, 825: (6) When to be ratified, 825 : Protocol ; when a citizen of either country has been discharged from his citizenship in such coun- try, and acquires citizenship in the other country, an additional five years' resi- dence is not required, 826 : When recognized as a citizen, to be treated as such 826 : Swedes, &c, naturalized in the United States, and returning to their orig- inal country, are liable for pffences committed before emigration, 826 : and to fulfil their military service, 826: Renewing their residence in Sweden, &c, with the intent not to return to the United States, held to have renounced their American citizenship, 826: The intent not to return held to exist from a resi- dence of more than two years in Sweden or Norway, 826. SWISS COXFEDERATIOIC. Convention for abolition of droit d'aubaine and taxes on emigration : Con- cluded May 18, 1847; Ratification advised by Senate April 26, 1848; Ratified by President April 29, 1848; Ratifications exchanged at Washington May 3, 1848: Proclaimed May 4, 1848. (9 St. at L., 902.) . (1) Power to dispose of personal property, 827: Heirs, &c, may inherit and take possession, and may dispose of the same on payment of certain duties, 827 : Prop- erty of absent heirs to be taken care of, 827 : In cases of dispute, how to be de- cided, 827: (2) Alien heirs allowed time to dispose of real estate, 827 : (3) Dura- tion of this convention, 828 : Convention subject to ratification, and ratifications to be exchanged within twelve months, 828. Convention op friendship, commerce, and extradition : Concluded November 25, 1850 ; Ratification advised by Senate, with amendments, March 7, 1851 ; Ratified by President March 12, 1851 : Ratification again advised by Senate, with amendment, May 29, 1854 ; Ratified finally by President November 6, 1855 ; Ratifications exchanged at Washington November 8, 1855; Proclaimed November 9, 1855. (11 St. at L., 587.) (1) Respective citizens to be on a footing of equality, 828 : Liberties granted, 829 : .Restriction on said liberties, 829 : Liability to taxes, 829 : (2) No discriminating tax to be imposed, 829 : Indemnity for damages, 829 : (3) Provisions as to citizens who wish or are compelled to return, 829 : (4) Power to dispose of and inherit proper- ty, 829 : (5) Care of property of deceased persons, 830 : These provisions — how far applicable to real estate ; power to sell real estate which cannot be held by an alien, 830 : (6) Controversies among claimants to a succession, 830 : (7) Con- suls and vice-consuls, 830 : Exequatur, 831 : Archives, &c, to be inviolate, 831 : (8) Each nation to have rights of the " most favored nation," respecting imports, exports, and transit of products, 831 : (9) No discriminating duties, 831 : (10) Future commercial privileges granted to any nation, to be extended to the other, 831 : ( 11 ) Origin of products, how established, 831 : (12) Regulations as to commerce, 831: Shipwreck, 831: "Most favored nation" clause, 832: (13) Extradition of criminals, 832 : (14) Crimes for which extradition shall be made, 832 : (15) Sur- render, how to be made, 832 : (16) Payment of expenses, 832 : (17) No extradition for past or political offences, 832 : (18) Duration of this convention, 832 : (19) Rat- ification, 833. TEXAS. Convention relative to seizure of brigs " Pocket " and " Durango : " Concluded April 11, 1838; Ratification advised by Senate June 13, 1838; Ratified by President June 21, 1838; Ratifications exchanged at Washington July 6, 1838; Proclaimed July 6, 1838. (8 St. at L., 510.) (1) Texas agrees to indemnify the United States, 834 : (2) Payment of the indemnity, • 834 : (3) Ratifications to be exchanged in three months, 834. Convention for marking boundary : Concluded April 25, 1838 ; Ratification advised by Senate May 10, 1838; Ratified by President October 4, 1838; Ratifications exchanged at Washington October 12, 1838; Proclaimed October 13, 1838. (8 St. at L., 511.) (1) Commissioners and surveyors to be appointed to run the boundary-line, 835 : (2) Each party to exercise jurisdiction until the line is marked, 835 : (3) Ratifica- tions to be exchanged within three months, 835-836. 1164 SYNOPTICAL INDEX TRIPOLI-TUNIS. TRIPOLI. Treaty of peace and friendship : Concluded November 4, 1796, and January 3, 1797 ; Ratification advised by Senate June 7, 1797. (8 St. at L., 154.) (1) Peace under the guarantee of the Dey of Algiers, 837 : (2) Enemies' goods to he free in ships belonging to the parties, 837 : (3) Persons and property in enemies' vessels to be free in case of capture, 837 : (4) Passports to be given, 837 : (5) Condemnation and bill of sale of a prize-vessel to be available as a passport for one year, 837 : (6) Vessels putting into ports of parties for provisions or repairs, 837: (7) Shipwrecks, 838 : (8) Neutrality of ports, 838 : (9) Commerce; &c, to be on the footing of the most favored nations, 838 : (10) Acknowledgment of the receipt of the price of peace, 838 : (11) Pretexts arising from religious opinions not to interrupt the state of harmony of the two nations, 833 : (12) Disputes between the parties to be decided by reference to the Dey of Algiers, 838. Treaty of peace and amity : Concluded June 4, 1305 ; Ratification advised by Senate April 12, 1806. (8 St. at L., 214.) (1) Peace and friendship established; privileges in commerce, &c, 840: (2) Pris- oners to be mutually given up, 840: (3). American forces in the province of Derne to be withdrawn, 840 : (4) Free ships to make free goods, 841 : (5) Citi- zens, &c, to be given up if taken in prize-vessels, 841 : (6) Passports to he given to vessels of both nations, 841 : (7) What shall be a sufficient passport, 841 : (8) Vessels of both nations may touch at ports of each for provisions, &c, 842: (9) Proper assistance to be given the vessels of both nations in distress, 842 : (10) Rules as to the time when, and the distance at which, au enemy's vessel may be attacked, 842 : (11) Commerce, &c, to be on the footing of the most favored nation, 842: (12) Consuls of the United States not to be answerable for debts of citizens of the United States, 842: (13) Salutes of vessels of the United States, 842: (14) Entire freedom to be allowed in religious matters, 842: (15) Time allowed before an appeal to arms, 843 : (16) Mutual exchange of prisoners in event of war, 843 : (17) Vessels of United States captured by one of the Barbary States, not to be sold, but to be sent away, 843 : (18) Disputes to be settled by the consul of the United States, 843 : (19) The lex loci to prevail with regard to homicides committed by a citizen of the United States or a Tripoline, 844 : (20) Citizens of the United States dying in the regency of Tripoli, their property to be saved for their representatives, 844. TUNIS, [/See "Notes," Title, "Abrogated, Suspended, or Obsolete Treaties.] Treaty of peace and friendship : Concluded August, 1797 ; Ratification advised by Senate March 6, 1793, on condition thai 14th article be suspended, andfriendlg" negoti- ation on the subject with Bey of Tunis recommended; Certain alterations in 11th, 12th, and 14th articles agreed to March&Q, 1799. (8 St. at L., 157.) (1) Peace and friendship established, 846 : (2) Restoration of subjects and goods found in an enemy's vessel, 846 : (3) Enemy's goods onboard a vessel of the par- ties to be free, 846 : (4) Passports to be given, 847 : (5) Commander of a convoy to be believed upon his word, in order to exempt it from search and quarantine, 847 : (6) Nothing to be exacted for visits ; fugitive slaves and prisoners to be returned, 847 : (7) Prize-vessels purchased at Tunis, how to obtain temporary passports, 847 : (8) Hospitality to be granted to vessels entering the ports of the parties, 847 : (9) Assistance to be granted to wrecked vessels, 848 : (10) Neu- trality of ports to be enforced, 848 : (11) Salutes, 848: (12) Privileges of mer- chants ; Tunisian subjects freighting an American vessel ; embargoes; protection of the subjects of the parties ; government of Tunis may freight American ves- sels, 848 : (13) Enemy's subjects on board the vessels of the parties, in what case they shall be made slaves, 849: (14) Duties to be reciprocally paid, 849: (15) Liberty of commerce, contraband excepted ; privileges of masters of ves- sels, 849: (16) Duty of anchorage, 849: (17) Right of having a consul; his privileges, 850 : (18) No responsibility for subjects contracting debts, &c, 850 : (19) Administration of the effects of a decedent, 850 : (20) Consul's jurisdiction over his countrymen, 850 : (21) Punishment of personal assaults, 850 : (22) Trial of disputes on civil matters between them, 850: (23) In case of national differ- ences, accommodation is to be attempted before recourse is had to arms, 851. Convention to alter articles of peace and friendship of august, 1797 : Con- cluded February 24, 1824 ; Ratification advised by Senate January 13, 1825 ; Ratified by President ; Proclaimed January 21, 1825. (8 St. at L., 298.) (6) Regulation of visits at sea; slaves escaping and taking refuge on board of American ships of war, to be free, 852: (11) Salutes to ships of war, 852: (12) Commerce to be on an equal footing with citizens of the most favored nations ; rules as to freight ; no captain to be detained against his consent, 853. Protection of the citizens of the respective nations ; preference to Tunisian vessels for freight, 854 :" (14) Trade between parties to be on an equal footing, 854. SYNOPTICAL INDEX TWO SICILIES. 1165 TWO SICILIES. [See " Notes," Title, "Abrogated, Suspended, or Obsolete Treaties."'] Convention to terminate reclamations foe depredations on American com- merce by Murat in 1809, 1810, 1811, and 1812 : Concluded October 14, 1832 ; Ratification advised by Senate January 19, 1833 ; Ratified by President; Ratifications exchanged at Naples June. 8, 1833 ; Proclaimed August 27, 1833. (8 St. at L., 442.) (1) Agreement to pay the United States for spoliations on American property, 855 : (2) To be paid in nine equal instalments, 856 : (3) Salifications to be exchanged in eight months, 856. Treaty of commerce and navigation : Concluded December 1, 1845 ; Ratification advised by Senate April 11, 1846 ; Ratified by President April 14, 1846 ; Ratifications exchanged at Naples June 1, 1846 ; Proclaimed July 24, 1846. (9 St. atL., 833.) (1) To be a reciprocal liberty of commerce and navigation, 857 : No higher duties to be imposed on importations into either conntry of articles from the other, than from any other country, 857 : Favors granted by either party to other nations to be common to the other, 857 : (2) Equalization of duties, &e., on imports and ex- ports, 857 : (3) Equalization of tonnage, harbor, and light-house duties, 857 : (4) Stipulations of this treaty not to apply to the coasting trade, 857 : (5) No pref- erence to be given by either party, in purchases for government, to importations on account of the national character of vessels in which imported, 658 : (6) Liberty of residence, &c, secured ; citizens and subjects of either party may dispose of their personal property by will, gift or otherwise, and their heirs may succeed to and take possession of the same, &c, 858 : In absence of the heirs their goods shall receive the same care as those of natives, 858 : Disputes con- cerning inheritances to be settled by local law, 858 : They shall not be obliged to pay higher taxes than are paid by citizens of most favored nations, 858 : Shall be exempt from military service, forced loans, &c, 858 : Dwellings to' be respected, 858: No arbitrary search of houses, or examination of papers allowed, 858: Eights of property guaranteed, 859 : (7) Citizens and subjects of each party, in the country of the other, may manage their own affairs, or select their own agents, &c, 859 : Absolute freedom given to buyers and sellers to bargain to- gether, 859: (8) Each party may appoint consuls, &c, to enjoy the same privi- leges as those of the most favored nations; but consuls engaging in commerce placed on same footing as private individuals ; consuls, &c, authorized to rer quire assistance of local authorities, for arrest, &c, of deserting seamen; how demand for the deserters shall be made ; how deserters .shall be disposed of when arrested, 859 : (9) Vessels of either party wrecked ou the coast of the other, and merchandise saved, therefrom, shall be restored to owners; goods found on board such wrecked vessels, how to be disposed of; legal claims on such wreck to be referred to competent tribunals of the country, 860 : (10) Vessels of either party, forced by stress of weather into the ports of the other, exempt from port charges, provided they do not engage in commerce, 860 : Loading or un- loading, in certain cases, not considered as engaging in commerce, 861 : (11) Every difference of duty to cease and be abolished, 860 : " Most favored nation " clause, 860 : Duties on red and white wines, 861 : Cottons of the United States, 861 : (12) This treaty to be in force ten years, and until twelve months after either party give notice, &c, 861: (13) To be ratified, and ratifications to be exchanged six months from the date of its signature, 861. Convention relative to rights of neutrals at sea : Concluded January 13, 1855 ; Ratification advised by Senate March 3, 1855 ; Ratified by President March 20, 1855 ; Ratifications exchanged at ll r ashington July 14, 1855; Proclaimed July 16, 1855. (11 St. at L., 607.) (1) Free ships to make free goods, except contraband, 862 : Neutral property, in ene- mies' vessels to be free, except contraband, 862 : These principles to be applied to all who will adopt them, 862 : (2) Understanding as to application and ex- tension of these principles, 862 : To be taken henceforth as a rule to judge ol neutrality, 862 : (3) Other nations may accede to the above principles, Bto : (4) Eatifications, how to be made and exchanged, 862. Convention of amity, commerce, and navigation, and for extradition of crim- inals : Concluded October 1, 1855; Ratification advised by Senate, with amendments Augusts, 1856; Ratified by President August 20, 1856; Ratifications exchanged at Naples November 7, 1856 ; Proclaimed December 10, 1856. (11 bt. at L,., ojy.) (1) Peace established, 864 : Stipulation for withdrawal of persons and property in case of war, 864: (2) 'stipulations as to blockades, 864 : Definition of blocka^s 864 (3) Dennition of contraband, 864 : Vessel and other goods not ^^.]"£i *** contraband, 865: (4) Eights of travellers, 865 : (5) Exemption of cozens of each country in the other from contributions, military _ service, &c. 865 . (6) Commercial rights, 865: (7) Succession to property of. deceased P™> £66 Trial of cases, 866 : (8) Liberty of commerce and navigation, 866. (9) .National 1166 SYNOPTICAL INDEX VENEZUELA. Convention of amity, commerce, and navigation, and foe extbadition of, criminals, 1855— Continue^. , . character, of veasels, how established, 867 : (10) Eight to export and import, 867 : (11, 12, 13) Stipulation as to discriminating as to trade, 867-868 : (14) Against discriminating duties, 868 : (lg) Eights of the " most favored nation granted, 868 : (16) Stipulations as to vessels forced into ports by stress of weather, &c, 868 : (17) Wrecks, 869: (18) Privileges of consuls, &c, 869 : (19) Consuls, &c, may arbitrate between masters and crews, 869: (20) Deserters from vessels, 870: (21 and 22) Extradition of criminals, 870 : (23) Surrender to be made by the Execu- tive ; expenses, 871 : (24) Not to apply to citizens or to political offences or re- trospectively, 871 : (25) Duration of treaty, 871 : (26) Ratifications, 871 : Ex- planatory declaration, 872. VENEZUELA. \_See "Notes," Title, "Abrogated,, Suspended, or Obsolete Treaties."'] Treaty of peace, friendship, navigation, and commerce : Concluded January 20 1836; Ratification advised by Senate March 23, 1836; Ratified by President April 20' 1836; Ratifications exchanged at Caracas, May 31, 1836; Proclaimed Jirae20 1836' (8 St. atL., 466.) (1) Peace and friendship established, 873: (2) Favors to commerce to be common to both parties, 873 : (3) Mutual benefits in trade and residence, 873 : (4) Equaliza- tion of duties on vessels and their cargoes, 874 : (5) Characteristics of a Vene- zuelan vessel, 874 : (6) Importations and exportations to be on an equal footing, 874 : (7) Citizens of both nations to be on an equality, 875 : (8) No embargo without allowing indemnification, 875: (9) Citizens to be treated as friends in case of a compulsory resort for refuge or asylum in the rivers, &c, 875 : (10) Captures by pirates, 875: (11) Protection in case of wreck, 875 : (12) Power to dispose of property within the jurisdiction of the contracting parties, 876 : (13) Protection to persons and property, 876: (14) Liberty of conscience and rights of worship secured, 876 : (15) Both parties at liberty to trade with those at enmity with either ; free ships to make free goods ; free ships to make free persons ; proviso, 877 : (16) Enemies' property, to be protected by a neutral flag, must be shipped before the declaration of war ; regulations, 877 : (17) Contraband goods specified, 877 : (18) Goods not contraband, as specified in article 17, to be con- sidered as free," 878 : (19) Contraband goods, only, liable to confiscation, and vessels to proceed after the goods are taken out, 878 : (20) Notice of blockade ; vessels entering before blockade may quit unmolested, 878 : (21) Examination of vessels at sea, 879 : (22) One of the parties being engaged in war, vessels of the other to be provided with sea-letters, &c, 879 : (23) Visiting regulations to apply only to vessels without convoy, 879 : (24) Prize courts only to try prize causes, 879 : (25) The neutral party not to accept a commission to cruise against the other, 880 : (26) Time to be allowed, in case of war between the parties, for removal and sale of property, 880 : (27) No sequestration of money in bank or public funds to be allowed, 880 : (28) Regulation of official intercourse, 880 : (29) Each party to have consuls, &c, in each other's ports, 880: (30) Consuls, &c, must exhibit their commissions, 881 : (31) Immunities of consuls, &c, 881 : (32) Consuls may require the aid of the civil authorities to arrest deserters ; deserters must be sent back within two months, 831 : (33) Consular convention to be formed, 881 : (34) Treaty to remain in force for twelve years; individuals personally responsible for infringements ; war not to be declared until remon- strance is made, and satisfaction refused ; existing treaties not to be affected ; to be ratified within eight months, 882. Convention for settlement of Aves Island claims : Concluded January 14, 1859 ; Ratification advised by Senate, with amendment, June 26, 1860 ; Ratification advised by Senate February 21, 1861 ; Ratified by President Febrt[ary 26, 1861. (17 St. at L., 803.) (1) $130,000 to be paid to United States to settle claims of Sholton, Tappan & Samp- son, and Lang & Delano, 883 : (2) Terms upon which payment is to be made, 883 : (3) Government and citizens of United States to desist from further claims to the Island of Aves, 884 : • (4) Ratifications, 884.. Treaty of amity, commerce, and navigation : Concluded August 27, 1860 ; Ratifica- tion advised by Senate February 12, 1861 ; Ratified by President, February 25, 1861 ; Ratifications exchanged at Caracas, August 9, 1861 ; Proclaimed September 25, 1861. (12 St. atL., 1143.) (1) Peace and friendship, 885: In case of war, 885 : Passports, 835 : (2) Military service, loans, &c., 885 : (3) Right to reside, transact business, &c, 886 : To employ agents, 886 : Access to judicial tribunals, 886 : (4) Liberty of con- science, burials, &c, 886 : (5) Personal property, succession, 888 : Real estate, SYNOPTICAL INDEX WURTTEMBERG. 1167 Treaty op amity, commerce, and navigation, 1860— Continued 887: (6) Imports and duties, 887; Exports, 887 : (7) Coasting-trade reserved to citizens, 887: (8) National character of vessels, 887 : (9) Duties, 888 : No prohibitions, 888 : Privileges of most favored nation, 888 : (10) Discriminating duties 888: (11) Wrecks, &c.,888: (12) Right pf neutrals 838 • pTockade notice, 889: Right to leave, 889: (lb) Contraband of war, 889= (14) Free SSLS a «qn re n g T d 1 ' 8 f : aa ^ Meroh ^t-ships on the high seas, 889 : (16) SMS* n%\ Contraband, 890 : In case of no passport, 890 : If master of ship dies, 890: (17) Examination of vessels by ships of war, 890 : (16) Ships under convoy not to be visited, 891 : (19) Duty in case of captured vessels, 891 : (20) Master &c., of captured ship not to be removed, &c, 891 : Crew and passengers, 891 : (21) Courts for prize causes, decree, 891 : (22) Commanders of ships of war and privateers responsible for damages, 892: Bonds, commanders of priva- teers to give, 892 : (23) Prizes, &c, shall not be seized, 892 : (24) Enemies' priva- teers, 892: (25) Letters of marque, 893: (26) Consuls and vice-consuls? 893 • Arbitrators, in what cases, 893 : To arrest deserters, 893 : (27) Fugitives from justice, 894 : (28) Crimes for which surrender is allowed, 894 : (29) Executive authority alone to surrender, 894 : (30) Political offences, not to apply to, 894 (31) Convention to continue eight years, 894 : (32) Ratifications, 895T Convention for adjustment of claims upon Venezuela : Concluded April 25 1866 Ratification advised by Senate July 5, 1866 ; Ratified bu President August 8, 1866 Ratifications exchanged at Caracas April 17, 1867 ; Proclaimed May 29, 1867. (16 St! at L.j 713.) (1) Venezuela, claims upon, 895: Commissioners, 895: Vacancies, &c, how filled 895 Commissioners, when and where to meet, 896 : Umpire, 896 : (2) Commissioners to examine claims, 896 : Papers and documents, 896 : Proceedings, 896 : Decision, 896: (3) Award, how to be paid, 896: Interest, 896: (4) Commission, when to terminate, 897 : Records, &c, 897 : (5) Decision to be final, 897 : Claims not pre- sented, 897 : Cases pending at close of commission, 897 : <6) Expenses of com- mission, 897 : (7) Ratifications, 897. WifKTTESIBEKG. Convention for abolition of droit d'aubaine and taxes on emigration : Con- cluded April 10, 1844; Ratification advised by Senate June 12, 1844 ; Ratified by Pres- ident June 24, 1844 ; Ratifications exchanged at Berlin October 3, 1844 ; Proclaimed December 16, 1844. (8 St. at L., 588.) (1) Droit d'aubaine, &c, abolished, 898 : (2) Heirs to real property allowed time to sell the same, &c, 898 : (3) Duties on disposal, of personal property, the same as paid by the inhabitants, 898 : (4) Property of absent heirs to be taken care of, 899 : (5) Disputes to be decided by the local laws, 899 : (6) Property not yet withdrawn embraced, 899 : (7) Convention subject to ratification within twelve months, 899. Declaration of accession to convention of June 16, 1852, between the United States and Prussia and other states of the Germanic Confederation, for extradition of criminals: Dated October 13, 1853: Proclaimed December 27, 1853.— 899. (10 St. at L., 971.) Convention relative to naturalization and for FjXtradition of criminals : Concluded July 27, 1868 ; Ratification advised by Senate April 12, 1869; Ratified by ' President April 18, 3869; Ratifications exchanged at Stuttgart August 17, 1869; Exchange of ratifications consented to by Senate March2, 1870; Proclaimed March 7, 1870. (16 St. at L., 735.) (1) When citizens of Wiirttemberg are to be treated as American citizens, 900 : Vice versa, 900 : Declaration of intention not to effect naturalization, 900 : (2) Naturalized citizens liable for offences committed before emigration, 900 : (3) Ex- tradition, 900 : (4) Recovery of citizenship in original country, 900-901 : (5) Dura- tion of convention, 901 : (6) Ratifications, 901. ERRATA m THE "NOTES." In counting the lines Titles are omitted. Page 932, foot-note " 4 ," before "Secret" insert "2." Page 934, foot-note " 2 ," for " 14" read " 4." Page 935, line 10, for "convention" read " conventions ". Page 938, line 19, after " be " insert '* so ". Page 939, line 41, for " Con," read " Con-". Page 946, line 42, for "reconnaissance " read " reconnaissance ". Page 947, line 6, for "modifice " read "modifi6e". Page 947, line 8, for " entendue " read " entendu ". Page 947, line 8, for "r6noncent" read "renoucent". Page 947, line 9, for " prfitensions " read "pr6tentions". Page 947, line 9, for ' ' articles " read ' ' article ". Page 947, line 10, for " aceoueillirait" read " accueillirait ". Page 947, line 11, for "indemoit6" read "indemnit6". Page 947, line 12, for "cosairew'' read "corsaires". Page 949, foot-note " 2 ," for " Wiedman " read "Wildman ". Page 958, line 28, for "la" read "le". Page 958, line 28, for "addreasant" read ' f adresaant "- Page 959, line 10, for " l'a Article" read 'T Article". Page 960, note, line 4, for " excess" read "exercise". Page 960, line 23, for " articulo" read " artlculo ". Page 960, line 24, for "a" read "a". Page 960, line 25, fov " 61 " read ** el ". Pdge 960, line 26, for ' ' proximo " read " proximo ". Page 961, line 27, for " laws that should" read " that laws should". Page 964, last line, after ' ' captors " insert ' ' or had satisfactorily accounted for the failure to do so ' Page 964, foot-note " 8 ," erase "and Pinckney " and insert after " State " "July 1, 1799 ". Page 965, foot-note " 6 ," for " E. g." read " e. g". Page 968, line 1, for " Andes; " read " Andes,"- Page'972, line 37, for " 1867 " read "1857". Page 974, foot-note " 3 ," after " 495 " insert " See also lb. 565". Page 974, foot-note " 4 ," strike out " See also lb. 565 "- ..Page 982, line 29, for " Kane's" read " Kaine's '". Page 983, foot-note ' ' 10 ," for " "Wheaton " read ' ' Wharton ". Page 989, foot-note " 4 ," for " Favchet " read " Fauchet ". Page 989, foot-note " 7 ," for " Fanchet " read " Fauchet ". Page 991, foot-note " 3a ," for "11" read "II". Page 992, foot-note "V'for " Favchet " read "Fauchet". Page 992, foot-note " 35 ," for "Favchet" read " Fauchet". Page 994, line 22, for " gtats-unis" read " fitats-Unis "- Page 994, line 23, for " pi'6acable '' read " pr^alable ". Page 994, line 25, for "ajouts a'' read "ajouta". Page 994, foot-note " V for " lb." read " 1 F. R. F ". Page 994, foot-note " 4 ," strike out the whole reference. Page 997, line 19, for "wellh"read "well". Page 998, line 23, for " he " read " the ". Page 998, line 32, after " acts " insert " for ". Page 998, line 2, foot-note, before " 2 annals " insert " 7 "- Page 999, line 41, after " 1800 " insert " 8 ". Page 1000, line 27, for " session " read "cession". Page 1 000, line 31, for ' ' reserver " read ' ' rfiserver ". Page 1005, foot-note " 2 ," for "II" read "XI". Page 1016, foot-note " 3 ," after " 574 " insert " See also 3 F. R. F. 90 and 97". Page 1020, line 3, for " saw " read " said". Page 1024, line 24, for "suggestions" read "suggestion ". Page 1024, line 40, for "pas" read "was ". Page 1025, line 36, for "has" read "have ". Page 1027, line 24, for "recriminations" read "reclamations". Page 1(129, line 16, for "the question" read " that question ". Page 1040, line 13, for " were " read "was ". Page 1043, line 5, for "law " read " land ". Page 1045, foot-note " 6 ," for " 1792 " read " 1798 ". Page 1059, line 11, for '"It " read "It". Page 1063, line 28, for " articulo" read " articulo "- Page 1063, line 29, for " fu§rou " read " fueron ". Page 1063, line 30, for " ; " read " : ". Page 1064, line 1, for "unicamente" read " fimcamente "- Page 1070, line 14, for " depuis" read " depuis". Page 1070, line 23, for " d6puis " read " depuis ". Page 1075, line 36, for "1808" read "1802". - Page 1U76, line 30, for * ' 1843 " read ' ' 1823 ".