ajorttpU IGam Bc^^oni Htbrarg Cornell University Library JX 236 1889 Treaties and conventions concluded betwe 3 1924 016 935 003 \\<\ Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924016935003 TREATIES AND CONVENTIONS CONCLUDED BETWEEN THE ONITED STATES OF AMERICA AND .OTHER POWERS SIlSr-OE JULY 4, 1776. ' 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; A CHRONOLOGICAL LIST OF TREATIES ; AND AN ANALYTICAL INDEX. WASHINGTON": GOVERNMENT PRINTING OFFICE. 3769 TR 18 8 9. This volume is printed as Senate Executive Document No. 47, Forty-eighth, Con- gress, second session, n PREFACE. The first compilation of the Treaties and Conventions concluded by the United States with foreign powers was prepared in accordance with the provisions of the act of Congress approved April 18, 1814, entitled "An act authorizing a subscription for the laws of the United States, and for the distribution thereof." The act made it the joint duty of the Secretary of State and the Attorney-General to prescribe the plan and manner in which the new edition of the laws should be published. The plan was drawn up by Attorney-General Eush June 10, 1814, and it being concuri;ed in by Secretary Monroe, the latter officer appointed John B. Colvin as " a competent person to prepare and superintend an edition of the same." The plan included the publica- tion of all laws passed after the adoption of the Constitution ; the Dec- laration of Indedendenc ; the Articles of Confederation ; the Constitu- tion of the United States ; Treaties and Conventions made between the United States and Foreign If ations ; Indian treaties; and the acts, or- dinances, or resolutions passed by the Continental Congress prior to the year 1789 that in any degree affected real property, the government of the Territories, the organization of the great Executive Departments of the Government, etc. The compilation was published in 1815, and is known as Bioren & Duane's edition of the laws and is entitled " Laws of the United States," volume 1. The next coinpilation appears to have been that published in Wash- ington in 1827, by Jonathan Elliot, arid entitled "Diplomatic Code of the United States of America, embracing a collection of Treaties and Conventions," etc., from 1778 to 1827. In addition to the texts of the treaties, the edition contains miscellaneous matter, including the United States laws relating to the privileges of foreign ministers in the United States, and United States consuls abroad, the text of acts and procla- mations concerning the execution of treaties, extracts from treaties between foreign states in so far as these might indirectly affect the United States, references to the principal cases decided in fhe courts of the United States, and in some of the State tribunals in regard to points or principles connected with our foreign relations. In 1834 Mr. Elliot re-issued this work, corrected to date, and with considerable ad- ditions. This edition is styled <'The American Diplomatic Code fete.]. Ill IV - PREFACE. Also, a concise Diplomatic Manual, containing a summary of the Law of Nations." The chief addition consists of '' Extracts from the corre- spondence of the Diplomatic Agents of the United States," beginning with the instructions to Silas Deane, in 1776, and endijg with the paper last published at the date of issue. Little & Brown, in 1848, published a volume containing the Treaties and Conventions concluded up to that date. It is known as volume 8, Statutes at Large, Foreign Treaties, General Index. On the 1st of February, 1871, the Secretary of State, in compliance with a resolution of the Senate of December 22, 1870, transmitted to that body copies of the treaties and conventions (except postal conven. tions) entered into by the United States, the ratifications whereof had been exchanged, with certain notes, which were printed as Senate Ex- ecutive Document No. 36, of the third session of the Forty-first Con-, gress. This compilation was reproduced and forms part of the " Revised Statutes relating to the District of Columbia and Post-Eoads, Public Treaties," published in 1875. In September, 1873, Mr, J. C. Bancroft Davis, then Assistant Secretary of State, under whose supervision the foregoing compilation was pub- lished, prepared what he styled a Eevised Edition, adding in the form of an appendix treaties that had been concluded since the date of the last compilation. This edition was the first which contained an histor- ical introduction or commentary, not in the shape of foot-notes, but in the form of a connected narrative of the correspondence with each coun- try, giving a history of the negotiations and relating to matters in dis-- pute under the several treatties. The collection was provided with two indexes, an " Analytical Index of the subjects referred to in theseveral treaties," and a " Synoptical Index, containing the titles of the several Treaties and Conventions, and a synopsis of their respective contents." In August, 1876, Mr. John L. Cadwalader, who succeeded Mr. Davis as Assistant Secretary of State, published a supplement to the latter's collection, paged so that it could be bound in with it, abd containing the treaties exchanged between September 1, 1873, and the date of issue. The indexes were reconstructed, and the new treaties provided with notes prepared on the same system as those of Mr. Davis. The present volume was prepared in response to the following reso- lution of the Senate, dated January 5, 1885 : JResolved, That tlie Secretary of State be directed to transmit to the Senate copies of all the treaties and conventions, except postal convjentions, entered into by. the United States, the ratification, whereof has been exchanged, with such notes as may be in his po^ession, indicating such treaties or conventions, or such parts of treaties or conventions, as have been changed or abrogated ; together with a synoptical and analytical index of such treaties and conventions. In the preparation of this volume such treaties or conventions as have become partially or completely abrogated, suspended, or amended, are so indicated bj^ a foot-note at the beginning of such treaty or conven- tion, giving a. reference to the Notes, where an explanation is given as PEEPACE. < V to the manner and extent of such abrogation, suspension, or amendment. Those treaties or conventions, however, that from their nature have manifestly served the purpose for which they were concluded, such as those relating to claims, cession of territory, etc., are not so indicated. Tlie very valuable historical notes of Mr. J. 0. Bancroft Davis, pub- lished in a former compilation, have been preserved entire, and the ad- ditional notes which are introduced in this volume have beeti placed in brackets in order that t"hey may be distinguished from those of Mr. Davis. The volume has grown to such proportions that it has been deemed advisable not to print the " Synoptical Index " in a distinct form, as each treaty or convention has printed with it a full synoptical index, and it would only be a reproduction of what will be found with the text. It is believed that this will be an ample compliance with the resolution. Occasion is taken by the compiler to express his obligations to Mr. John B. Moore, Third Assistant Secretary of State, for the valuable assistance rendered by him in the work with special reference to the decision of the courts, and to Mr. Henry T. Brian, foreman, and Mr. J. M. A. Spottswood, assistant foreman of the Government Printing OfQce, for the great interest they have shown in having the compilation printed with care and accuracy, JOHN H. HASWELL. Department of State, Washington, January, 1889. TABLE OF CONTENTS. Pago. Treaties 1 Algiers: September 5, 1795. Peace and amity 1 June 30 and July 6, 1815. Peace and amity 6 December 22-23, 1816. Peace and amity 10 Argentine Coneederation: July 10, 1853. Free navigation of rivers Paranii and Uruguay , 16 July 27, 1853. Friendship, commerce, and navigation : 18 Austria AND AusTRO-HuNGARY : August 27, 1829. Commerce and navigation. 23 May 8, 1848. Disposal of property, consuls 27 Julys, 1856. Extradition 29 July 11, 187(3. Consuls i 31 September 20, 1870. Naturalization 37 November 25, 1871. Trade-marks 39 Baden: January 30, 1857, Extradition. 41 July 19,1868. Naturalization 43 Bavaria : January 21, 1845. Abolition of droit d'aubaine and taxes on emi- gration • 45 September 12, 1853. Extradition 47 May 26, 1868. Naturalization 49 Belgium : November 10, 1845. Commerce and navigation 52 July 17, 1858. Commerce and navigation 56 May 20, 1863. Import duties and capitalization of Scheldt dues 60 July 20, 1863. Extinguishment of Scheldt dues 62 November 16, 1868. Naturalization ; , 66 Decembers, 1868. Consuls 68 December 20, 1868. Trade-marks 72 March 19, 1874. Extradition 73 March 8, 1875. Commerce, navigation, and trade-marks 76 March 9, 1880. Consuls 80 June 13, 1882. Extradition 85 April?, 1884. Trade-marks - S8 Bolivia: (See also PerM—5o/ma.) May 13, '1858. Friendship, commerce, and navigation — 90 Borneo : June 23, 1850. Peace and amity ; consular j urisdiction 102 Brazil: December 12, 1828. Friendship, commerce, and navigation 105 January 27> 1849. Claims 115 September 24, 1873. Trade-marka 116 Bremen: (See also Jonseartc J?epit6?io.) September 6, 1853. Extradition (ac- cession) - — 11° Brunswick and Lunenburg : August 21, 1854. Disposal of property 119 Central America : December 5, 1825. Commerce and navigatioa 121 VH VllI TABLE OF CONTENTS. Page. Chili : May 16, 1832. Friendship^ commerce, and navigation 131 September 1, 1833. (Explanatory to the above) 140 November 10, 1858. Arbitration of Macedonian claims 142 China: July 3, 1844. Peace, amity, aiid commerce 145 June 18, 1858. Peace, amity, and commerce 159 November 8, 1858. Regulation of tr^de 169 November8, 1858. Claims 178 July 28, 1868. Trade, consuls, religious toleration, and immigration 179 November 17, 1880. Immigration -- 182 November 17, 1880. Commercial intercourse and judicial procedure 184 Colombia, Republic of: (See also Ecuador, New Grenada, and Venezuela.) Oc- tober 3, 1824. Friendship, commerce, and navigation 186 Colombia, United States or: (See also Nmo Grenada.) February 10, 1864. Claims. Extending the duration of the commission provided for by the convention of September 10, 1857, with New Grenada 213 Congo: April 22, 1884. Recognition of the flag 214 Corea: May 22, 1882. Amity, commerce, and navigation 216 Costa Rica : July 10, 1851. Amity, commerce, and navigation 222 July 2, 1860. Claims : 227 Denmark : April 26, 1826. Friendship, commerce, and navigation 231 March 23, 1830. Claims 235 April 11, 1857. Sound and Belt dues '. 238 July 11, 1861. Deserters 240 July 20, 1872. Naturalization ■ 241 February 26, 1886. Re-adtaeasurement of vessels. (Supplement) 1186 Dominican Republic: Februarys, 1867. Amity, commerce, navigation, and , extradition - 244 ' Ecuador: June 13, 1839. Friendship, navigation, and commerce 255 November 25, 1862. Claims , 265 May 6, 1872. Naturalization 267 June28, 1872. Extradition 269 Egypt : November 16, 1884. Commercial and customs regulations 272 France : February 6, 1778. Amity and commerce 296 February 6, 1778. Form of passport. Annex 306 February 6, 1778. Alliance 307 February 6, 1778. Act separate and secret ,. 309 July 16, 1782. Payment of loan 310 February 25, 1783. New loan 314 November 14, 1778. Consuls 316 September 30, 1800. Peace, commerce, navigation, and fisheries 322 April 30, 1803. Cession of Louisiana 331 April 30, 1803. Payment of 60,000,000 francs by the United States 334 April 30, 1803. Claims against France to be paid 335 June 24, 1822. Commerce, navigation, and consuls 343 • June 24, 1822. Duties to be refunded 345 July 4, 1831. Claims ; duties on wines and cottons 345 November 9, 1843. Extradition 348 February 24, 1845. Extradition 349 February 23, 1853. Consuls 350 February 10, 1858. Extradition 354 April 16, 1869. Trade-marks 355 January 15, 1880. Claims. .• 356 July 19, 1882. Claims 360 Februarys, 188.3. Claims 361 German Empire : December II, 1871, Consuls and trade-marks 363 TABLE OF CONTENTS. IX Page. Great Britain : November 30, 1782. Preliminary to treaty of peace 370 November 30, 1782. Boundary. (Separate article) 373 January 20, 1783. Armistice 374 September 3, 1783.. Peace 375 November 19, 1794. Peace, amity, commerce, navigation, boundary, claims, and extradition 379 November 19, 1794. Trade with the West Indies. (Additional article) 395 May 4, 1796. Liberty to pass and repass the borders and to carry on trade. (Explanatory article). 395 March 1.5, 1798; Boundary. (Explanatory article) 396 Januarys, 1802. Claims 398 December 24, 1814. Peace, boundary, and slave-trade 399 November 24, 1817. Boundary. (Decision of Commissioners) 405 June 18, 1822. Boundary. (Decision of Commissioners) 407 July 3, 1815. Commerce, duties, ^nd consuls , 410 April 28, 1817. Armed vessels on the Lakes 413 October 20, 1818. Fisheries, boundary, and slaves 415 July 12, 1822. Diiferences referred to Emperor of Russia 418 November 13, 1826. Indemnity 424 August 6, 1827. Boundary 426 August 6, 1827. Renewal of commercial convention 428 September 29, 1827. Boundary; diiferences to be referred to an arbiter. .. 429 August 9, 1842. Boundary, slave- trade, and extradition 432 June 15, 1846: Boundary west of Eocky Mountains 438 February 24, 1870. Boundary maps adopted 440 April 19, 1850. Ship-caaal from the Atlantic to the Pacific 440 December 9, 1850. Cession of Horse Shoe Eeef 444 February 8, 1853. Claims 445 June 5, 1854. Reciprocity of trade and fisheries with British possessions in North America 448 July 17, 1854. Claims 453 April 7, 1862. Slave-trade 454 February 17, 1863. Slave-tra* 466 July 1, 1863. Claims of Hudson's Bay and Puget Sound Agricultural Com- panies 467 September 10, 1869. Claims of Hudson's Bay and Puget Sound Agricultural Companies. Award 469 May 13, 1870. Naturalization 470 Junes, 1870. Slave-trade 472 February 23, 1871. Renunciation of naturalization 476 May 8, 1871. Claims, fisheries, and boundaries 478 October 21, 1872. Northwest Water Boundary. Award of the Emperor of Germany , 494 January 18, 1873. Claims. As to places for holding sessions of Claims ' Commission 494 March 10, 1873. Definition of the Northwest Water Boundary 495 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 498 May 28, 1874. Protocol of conference respecting the time when Articles 18 to 25 and Article 30 of Treaty of May 8, 1871, should go into effect with respect to Newfoundland 499 October 24, 1877. Trade-marks 501 Greece : December 10-22, 1837. Commerce and navigation 502 Guatemala : March 3, 1849.' Amity, commerce, and navigation 508 Hanover : May 20, 1840. Commerce and navigation 518 X TABLE OF CONTENTS. Page, Hanover: June 10, 1846. Commerce and naTigation 523 January 18, 1855. Extradition 528 November 6, 1861. Abolition of Stade or Brunshausen dues 530 Hanseatic Republics : December 20, 1827. Friendship, commerce, and navi- gation 533 June 4, 1828. Deserters 537 April 30, 1852. Consuls 538 Hawaiian Islands : December 20, 1849. Commerce, navigation, and extra- dition 540 January 30, 1875. Commercial reciprocity -■ 546 September 9, 1876. Commercial reciprocity Protocol respecting the time at which the convention of January 30, 1875, shall take effect' 549 December 6, 1884. Commercial reciprocity, coaling station on Pearl Eiver, (Supplement) 1187 Hayti: November 3, 1864. Commerce, navigation, and extradition 551 Hesse, Grand Duchy : March 26, 1844. Abolition of droit d'aubaine and taxes on emigration 562 August 1, 1868. Naturalization 563 (For Elector of Hesse, Grand Duke of Hesse and on Rhine, and Landgrave of Hesse-Homburg, see Prussia and other States of the Germanic Confed- eration, pages 921-924.) Honduras: July 4, 1864. Friendship, commerce, and navigation 566 Italy- February 8, 1868. Consuls 573 January 21, 1869. Consuls. (Additional article) •. ^ 577 March 23, 1868. Extradition .' 578 January 21 , 1869. Extradition. (Additional article) 580 February 26, 1871. Commerce and navigation 581 May 8, 1878. Consuls 588 February 24, 1881. Consuls. (Additional) 593 June 1, 1882. Trade-marks 595 June 11, 1884. Extradition. (Supplemental) '. 595 Japan: March 31, 1854. Amity and commerce 597 June 17, 1857. Commercial intercourse, ooin,»and consuls 599 July 29, 1858. Amity and commerce 601 January 28, 1864. Duties 610 October 22, 1864. Indemnity 611 June 25, 1806. Duties .' 612 July 25, 1878. Commercial treaties, revision of '. 621 May 17, 1880. Shipwrecks 624 April29, 1886. Extradition !!'.'.!!'.'.!".'.'.'.'..'. 625 Lew Chew : July 11, 1854. Friendship and commerce 629 Liberia : October 21, 1862. Commerce and navigation 631 Luxemburg: October 29, 1883. Extradition '. 034 Madagascar : February 14, 1867. Commerce and* navigation 638 May 13, 1881. Friendship and commerce 641 Mecklenburg-Schwbrin: December 9, 1847. Commerce and navigation. (Accession) 053 November 26, 1853. Extradition. (Accession) 658 Mecklenburg-Strelitz : December 2, 1853. Extradition. (Accession)'! .'.'.'." 660 Mexico: January 12, 1828. Boundary 661 April5,1831. Boundary. (Additional article) 663 April 5, 1831. Amity, commerce, and navigation 664 April 5, 1831. Amity, commerce, and navigation. (Additional article) .... 674 AprU 3, 1835. Boundary, (Second additional article to treatv of January 12,1828) g75 April 11, 1839. Claims "" «--. TABLE OP CONTENTS. Xl Page. Mexico: January 30, 1843. Claims. Payment of awards to claimants .-. 680 February 2, 1848. Peace, friendship, limits, and claims 681 May 26, 1848. Protocol interpolating the amendments of the Senate to the treaty of February 2, 1848 692 December 30, 1853. Boundary, road across Tehuantepec 694 December 11, 1861. Extradition 698 July 4, 1868. Claims 700 July 10, 1868. Naturalization 704 April 19, 1871. Claims. Extension of the duration of the Claims Commis- sion 705 November 27, 1872. Claims. Further extension of the duration of the Claims Commission 706 November 20, 1874. Claims. Further extension of the duration of the Claims Commission 707 April 29, 1876. Claims. Extending the duration of the functions of the arbitrator ; '. 709 July29,1882. Boundary 711 January 20,1883. Commercial reciprocity 714 November 12,1884. Water boundary 721 February 25, 18P5. Commercial reciprocity. Extending the time in which to pass the necessary laws to carry into operation the convention of Janu- ary 20, 1883 722 December 5, 1885. Boundary. Extending the time fi:%ed by the conven- tion of July 29, 1832, in which to resurvey and relocate the existing fron- tier line. (Supplement) 1189 May 14, 1886. Commercial reciprocity. Further extending the time in which to pass the necessary laws to carry into operation the convention of January 20", 1883. (Supplement) 1190 Morocco: January, 1787. Amity and commerce 724 Septem_ber 16, 1836. Amity and commerce 729 May 31, 1865. Light-house at Cape Spartel 734 July 3, 1880. Protection of the Moors In Morocco 737 Muscat: September 21, 1833. Amity and commerce 744 Nassau: May 27, 1846. Abolition of droit d'aubaine and taxes on emigration. 747 Netherlands : October 8, 1782. Amity and commerce 749 October 8, 1782. Recaptured vessels 759 January 19, 1839. Commerce and navigation 761 August 26, 1852. Duties. 763 January 22, 1855. American consuls in Dutch colonies 765 May 23, 1878. Consuls 769 May 22,1880. Extradition _. 775 New Granada: (See also'Colomhia, United Slates of .) December 12, 1846. Amity, commerce, and navigation 19.^ December 12, 1846. National ships defined. (Additional article) 206 May4,1850. Consuls 206 September 10, 1857. Claims 210 Nicaragua : June 21, 1867. Friendship, commerce, and navigation 779 June 25, 1870. Extradition 787 North German Union : February 22, 1868. Naturalization 790 Oldenburg : March 10, 1847. Commerce and navigation. (Accession) 792 December 30, 1853. Extradition. (Accession ) 793 Orange Free State : December 22, 1871. Friendship, commerce, extradition. 794 Ottoman Empire : May 7, 1830. Friendship and commerce 798 February 25, 1862. Commerce and navigation » , 800 August 11, 1874. Extradition •. - 821 XH TABLE OF CONTENTS. Page. Ottomajt Empire: August 11, 1874. Rightiof foreigners to hold real estate .. 824 Paraguay: February 4, 1859- Claim. United States and Paraguay Naviga- tion Company ■. - 828 February 4, 1859. Friendship, commerce, and navigation 830 Persia : December 13. 1856. Friendship and commerce 836 Peru — Bolivia: November 30, 1836. Friendship, commerce, and navigation.. 840 Peru: March 17, 1841. Claims 850 July 26, 1851. Friendship, commerce, and navigation 852 July 22, 1856. Eights of neutrals at sea ■...- 864 July 4, 1857. Privileges of whaling ships 866 December 20, 1862. Claims of the owners of the "Lizzie Thompson" and "Georgiana" I 868 January 12, 1863. Claims 870 December 4, 1868. Claims ". 872 September 6, 1870. Friendship, commerce, and navigation .; 8 "6 September 12, 1870. Extradition ..: 888 August 31, 1887. Friendship, commerce, and navigation. (Supplement) - . 1191 Portugal: August 26, 1840. Commerce and navigation 891 February 26, 1851. Certain claims to be referred to an arbiter 896 Prussia: (See also North German Union and German Empire.) July 9 and 28, August 5, and September 10, 1785. Amity and commerce.. . 899 July 11, 1799. Amity and commerce 907 May 1, 1828. Commerce and navigation 916 Prussia and other States : June 16, 1852. Extradition , 921 Eoumania: June 17, 1881. Consuls 1 925 Kussia: April 5-17, 1824. Navigation, fishing, and trading in Pacific Ocean.. 931 December 6-18, 1832. Commerce and navigation 933 December 6-18, 1832. Certain stipulations with other power's not to be in- voked. (Separate article) ; 937 July 22, 1854. Eights of neutrals at sea 938 March 30, 1867. Cession of Eussian possessions in North America to the United States 939 January 27, 1868. Trade-marks 942 March 28, 1874. Trade-marks , 943 June 6, 1884. Admeasurement of vessels 943 San Salvador: January 2, 1850. Amity, navigation, and commerce 945 May 23, 1870. Extradition .-..,. 955 December G, 1870. Amity, commerce, and consuls 957 Samoa: January 17, 1878. Friendship and commerce, coaling station 972 Sardinia: November 26, 1838. Commerce and navigation , 974 November 26, 1838. Differential duties in certain cases. (Separate article). 980 Saxony: May 14, 1845. Abolition of droit d'aubaineandtaxes on emigration. 981 Schaumburg-Lippe: June 7, 1854. Extradition. (Accession) 983 Serbia : October 14. 1881. Commerce and duties " 984 « October 14, 1881. Consuls 988 Siam: March 20, 1833. Amity and commerce 992 May 29, 1856. Amity and commerce 995 ' December 17-r-31, 1867. Modification of the treaty of May 29, 1856 1002 May 14, 1884. Liquor traffic 1003 Spain : October 27, 1795. Friendship, limits, and navigation •. ' 1006 August 11, 1802. Indemnity 1015 February 22, 1819. Amity, settlement, and limits 1016 February 17, 1834. Indemnity 1023 February 11-12, 1871. Certain claims for wrongs in Cuba., 1025 January 5, 1877. Extradition . . ; „ 1027 January 12, 1877. Judicial procedure _.. 1030 TABLE OP CONTENTS. XIII Page. Spain: February 23, 1881. Claims. Termination of the commission under the ' agreement of February 12, 1871 1032 May 6 and December 14, 1882. Claims. Extending the time for the termi- nation of the commission under the agreement of February 12, 1871 1034 June 19,1882. Trade-marks 1036 August 7, 1882. Extradition 1037 February 13, 1884. Duties 1039 October 27, 1886. Duties. (Supplement) 1203 September 21, 1887. Tonnage dues. (Supplement) 1204 Sweden:' April 3, 1783. Amity and commerce 1042 April 3, 1783. (Separate articles) 1050 S\V35l)EN AND Norway : September 4, 1816. Amity and commerce 1053 I July 4, 1827. Commerce and navigation '. 1058 July 4, 1827. Not to affect the trade with F.nland. (Separate article) 1065 March 21, 1860. Extradition 1066 May 26, 1869. Naturalization 1068 Swiss Confederation : May 18, 1847. Abolition of droit d'aubaine and taxes on emigration 1071 November 25, 1850. Friendship, commerce, and extradition 1072 Texas : April 11, 1838. Indemnity for brigs "Pocket" and " Durango" 1078 April 25, 1838. Boundary 1079 Tonga: October 2, 1886. Amity, commerce, and navigation. (Supplement).. 1205 Tripoli : November 4, 1796. Peace, friendship, and navigation 1081 June 4, 1805. Peace, friendship, navigation, and prisoners ' 1084 Tunis- August, 1797, March ^6, 1799. Peace, friendshiiJ, navigation, and commerce .' 1090 February 24, 1824. Commerce and navigation. (Supplemental conven- tion) 1096 TwoSicilies: October 14, 1832. Indemnity 1100 December 26, 1835. Claims. Provision for the payment of the awards un- der the convention of October 14, 1832 1101 December 1,1845. Commerce and navigation 1102 January 13,1855. Eights of neutrals at sea 1107 October 1, 1855. Commerce, navigation, and extradition 1109 Venezuela: January 20, 1836. Friendship, commerce, and navigation 1119 January 14, 1859. Aves Island claims 1129 August 27, 1860. Commerce, navigation, and extradition 1130 April 25, 1866.' Claims 1140 WCktemberg : April 10, 1844. Abolition of droit d'aubaine and taxes on emi- gration i- 1144 October 13, 1853. Extradition. (Accession) 1145 July 27, 1868. Naturalization and extradition 1146 Zanzibar: July 3, 1886. Duties. Consuls. (Supplement) 1209 Wounded in war: August 22,1864. Amelioration of .the condition of the wounded in armies in the field .' 1150 October 20, 1868. Extended to naval forces 1153 Weights and measures : May 20, 1875. Establishment of an International Bureau 1157 Industrial property : March 20, 1883. Protection of 1168 Submarine cables : March 14, 1884. Protection of , 1176 May 21, 1886. Protocol respecting the execution of Article xii 1183 December 1, 1886. Declaration interpreting Articles ii and iv 1184 July 7, 1887. Protocol putting the convention into execution 1184 Trh/ATIes and conventions chronologically arranged 1211 Notes '- ■- 1219 Analytical index 1407 TREATIES. ALGIERS 1795.* A TREATY OP PEACE AND AMITY, CONCLUDED THIS PRESENT DAY JIMA AKTASI, THE TWENTY-FIRST OF THE LUNA SAFER, YEAR OP THE HBGIRA 1210, CORRESPONDING WITH SATURDAY, THE FIFTH OF SEPTEMBER, ONE THOUSAND SEVEN HUNDRED AND NINETY-FIVE, BETWEEN HASSAN BA- SHAW, DEY OF ALGIERS, HIS DIVAN AND SUBJECTS, AND GEORGE WASH- INGTON, PRESIDENT OF THE UNITED STATES OP NORTH AMERICA, AND THE CITIZENS OP THE SAID. UNITED STATES. Concluded September 5, 1795; Batification advised hy Senate March 2, 1796. Article I. From the date of the present treaty there shall subsist a firm and sincere peace and amity b'etween the President and citizens ^^^^ e.tabii.i.ei 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 commercial i-tsr. the Eegency, to trade with our subjects, or any other per- ™"'°- sons residing within our jurisdiction, on paying the usual duties at our custom-house that is paid by all nations at peace with this Eegency ; observing that all goods disembarked and not sold here shall be per- mitted to be re-embarked without paying any duty whatever, either for disembarking or embarking. All naval and military stores, such as gunpowder, lead, iron, plank, sulphur, timber for building, tar, pitch, rosiu, turpentine, and any other goods denominated naval and military stores, shall be permitted to be sold in this Eegency without paying any duties whatever at the custom-house of this Eegency. Article III. The vessels of both nations shall pass each other without any impedi- ment or molestation; and all goods, moneys or passengers, Te,»dBMt to be of whatsoever nation, that may be on board of the vessels "">'»»'«''• belonging to either party shall be considered as inviolable, and shall be allowed to pass unmolested. *Se6 Notes: "Abrogated, suspended or obsolete treaties." 3769 tr 1 I 2 TREATIES AND CONVENTIONS. Article rv. All ships of wax belonging to this Kegency, on meeting with merchant- vessels belonging to citizens of the United States, shall be allowed to visit them with two persons only beside the rowers ; these two only per- mitted to go on board said vessel without obtaining express leave from p™BDoit3orve,aei8 thc commandcr of said vessel, who shall compare the pass- and ships of wnr. pppj^ j^^^ 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 Aigerine cruiser, and shall have seen her passport and certificate from the Consul of the United States of I^^o^th America, resident in this Eegenoy, 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 be the term allowed for furnishing the ships of the United States with passports. Article V. No commander of any cruiser belonging to this Eegency shall be NoAiserinecruiser allowed to tatc sbTij pcrsou, of whatever nation or denomi- rfoftvesTeufZ nation, out of any vessel belonging to the United States of United States. North Amcrica, 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 YI. If any vessel belonging to the United States of North America shall strnnded -esseisof bc straudcd ou thc coast of this Eegency, they shall receive nnited States. evcry posslblc assistance from the subjects of this Eegency. 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 vessel, of vosscl of war to auy 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 Passports for ves- prizB condemued by the Algerines, shall not be again capt- •eis. Qj-gj^ ^y ^jjg cruisers of the Eegency then at sea, although they have not a passport; a certificate from the Consul Eesident 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 Sale of prize. Amcrica shall capture any American vessel and bring her into any of the ports of this Eegency, they shall not be per- mitted to sell her, but shall depart the port on procuring the requisite supplies of provision. ALGIERS, 1795. 3 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 . ..Y J. 1} ^.t Ti ^ t 1 j_T United States prizes. prizes into the ports or 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 IJnited States of North America, on anchoring in the ports of the Eegency, shall receive the 1 , A •• i(Vt 1 J • Treatment of nhipB usual presents of provisions and refreshments gratis, of war of united Should any of the slaves of this Eegency make their escape on board said vessels, they shall be immediately returned. No excuse shall be made that they have bid 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 any 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 takeij on board an enemy ship by the cruisers of this Eegency, having a regular pass- ^^ „t„rcito„. port specifying they are citizens of the United States, they '''""'°"°° °'"^°"- shall be immediately set at liberty. On the contrary, they having no passport, they and their property shall be considered lawful prize, as this Eegency 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 Eegency, the Dey and his subjects j..tatesoroituens shall not interfere with the property of the deceased; but of untte||tatod°. it shall be under the immediate direction of the Consul, un- '"""' " °"'°°^' 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, ^„„,j;„„„(.„„;(^j shall be allowed to purchase whatever it pleaseth him. The state"' t'r°e°com'pei. Consul of the United States of North America, or any other Ifr 'X^'debif °o' citizen, shall not be answerable 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 Eegency, or Turkey, said vessel not being engaged, in consequence of the friendship subsisting between the two nations he 4 ■ TKEATIES AND CONVENTIOKS. expects to have the preference given him, on his paying the same freight offered by any other nation. Aetiolb XV. Any disputes or suits at law that may take place between the subjects Di. me, '^^ *^® Eegency and the citizens of the United States of ..pute.. liforth 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 Eegency. Article XVI. Should any citizen of the United States of I^Torth America kill, wound Crimes. ^^ strfkc & subjcct of thls Eegency, he shall be punished in the same manner as a Turk, and not with more severity. Should any citizen of the United States of Korth America in the above predicament, escape prison, the Consul shall not become answerable for him. • Aeticle XVII. The Consul of the United States of l^Torth America shall have every priviie es of tho P^^^oual sccurlty given him and his household. He shall coMui oftheTJmU havc liberty to exercise his religion in his own house. AU 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, wherever he pleases, within the Eegency. 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 ca«.oi »ar Umtcd Statcs 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 citiae*M of either thc Uuitcd Statcs of North America on board, they having Jhe "olher"? te aet papcTS to provc thcy are really so, they and their property at hberw. gj^g,}! ^y^ immediately discharged. And should the vessels of the United States capture any vessels of nations at war with them,* having subjects of this Eegency 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 ,e..ei. anchoruig in our ports, the Consul is to inform the Dey of of war. }jgp arrival, 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 fresh provisions on board, as is customary, gratis. ALGIERS, 1795. 5 Article XXI. The Consul of the United States of I^forth America shall not be re- quired to pay duty for anything he brings from a foreign j,^ ento- for country for the use of his house and family. *'°"'"'- Aktiole 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 ciared"in' cue' S everything shall be searched into regularly. The party in- ''"^''°''"="'- 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 sumtobspaidto the United States of North America, agreed with Hassan """*^- 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 shaU immediately be delivered up on her arrival in Algiers. ViziB 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 ilegociating 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 4:th 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: i^Tow 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 thes city of Lisbon, this 28th of November, 1795. [seal.] • Davib Httmpheets. b TREATIES AND CONVENTIONS. 1815.* TREATY OF PEACE AND AMITY. Concluded June 30 and July 6, 1815 ; Froclaimed December 26, 1815. " Akticle I. There shall be, from the conclusion of this treaty, a firm, inviolable, Peace and rrie„d.iii ^^^ univcrsal pcacB and friendship between the President r,e„ .hip. ^^^ citizens of the United States of America on the one part, and the Dey and subjects of the Eegency of Algiers, in Barbary, on the other, made by the free consent of both parties and on the terms of Favors in na-iira- thc most favorcd natious. And if either party shall here- tion and commerce, affccr grant to auy 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 any other form Abolition of tribute. ■'i, in -i .ii^-r^ t or name whatever, shall ever be required by the Dey and 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 Ammcan citizens Amcrican SQuadrou now off Algiers all the American citi- to be delivered op. ^ens uow in hls 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 TV. A just and full compensation shall be made by the Dey of Algiers to Indemnification to such citizcns of the Uultcd States as have been captured toen«on"inS/o; sud dctaincd by Algerine cruisers, or who have been forced property, &c ^q abaudou thclr 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 Constil-General of the United States in the public magazines in Algiers ; and that he shall pay into the hauds of the said Consul the sum of ten thousand Spanish dollars * See Notes: "Abrogated, suspended or obsolete treaties." ALGtiEES, 1815. 7 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, sh£tll be found on board a prize vessel taken from an -I It j_T i. i'j_» -i-i ti-i-i Citizens or flubjecta enemy by the other party, such citizens or subjects shall be taken on board an 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 sufllcient proofs of American citizenship and of American property, by the Consul of the United States residing at Algiers. Article VII. Proper passportp shall immediately be given to the vessels of both the contracting pa;rties, on condition that the vessels of war - , . . ., -i-w ' _p A 1 ■ j_' -.LI Passports to veaeela belonging to the Kegency or Algiers, on meeting with mer- oreachpartr. niBh-. 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 without first obtaining leave from the commander of said vessel, who shall compare the passport, and immediately permit said vessel to pro- ceed on her voyage ; and should any of the subjects of Algiers insult or molest the commander, or any other person, on board a ves- Ab„,e or rnu a sel so visited, or plunder any of the property contained in ''"'• her, on complaint being made by the Consul of the United States resid- ing in Algiers, and on his producing suflcient 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 Uegency of Algiers, on ^^^^^^^ ^^^ .^^^ having seen her passports and certificates from the Consul with|isporu°ndtto of the United 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 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 what .haii be sat nation, the certificates of condemnation and bill of sale shall ''''^•"■'^■""t- 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 ^^.^^^^^^^^.^^^ be furnished at the market price; and if any such vessel 8 TREATIES AND CONVENTIONS. should SO put in from a disaster at sea, and have occasion to repair, Vessels obiised to sh© shall be at liberty to land and re-embark her cargo with- repBit. 0^1; paying any customs or duties whatever ; but in no case shall she be compelled to land her cargo. Aetiole X. Should a vessel of either of the contracting parties be cast on shore wrediB within the territories of the other, all proper assistance shall be given to her crew ; no pillage shall be allowed y 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. Abtiole 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 .eia^tafte'porroi bo protBcted as much as is possible. If she be in port she either party. ^j^^jj ^^^ ^^ geizcd Or attackcd 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. Akticle XII. The commerce between the United States of America and the Regency Mo.tfiToredi,.ti<.ii of Algiors, the protections to be given to merchants, masters clause. Qf vessels, and 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. Aetiole XIII. The Consul of the United States of America shall not be responsible comniofn.3.Mt ^ov thc debts contracted by citizens of his own nation, rf'S'^°'°"'°'"' unless he previously gives written obligations so to do. Aetiole XIV. On a vessel or vessels of war belonging to the United States anchoring saiotestoTsaseisof bcforc the clty of Alglcrs, the Consul is to inform the Deyof »arot United states, jjgj. arrfval, whcu shc shall receive the salutes which are, by treaty or custom, given to the ships of war of the most favored nations on similar occasions, and which shall be returned gun for gun ; and if, after such arrival, so announced, any Christians whatsoever, captives in Algiers, make their escape and take refuge on board any of the ships of war, they shall not be required back again, nor shall the Consul of the United States or commanders of said ships be required to pay any- thing for the said Christians. Aetiole XY. As the Government of the United States of America has, in itself, no character of enmity against the laws, religion, or tranquil- Reiioonsopimoni ijj-y (jf j^ny natlou, aud as thc said States have never entered ALGIERS, 1815. 9 into any voluntary war or act of hostility except in defense of their jnst rights on the high seas, it is declared, by the contracting parties, that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two nations ; and the Consuls and Agents of both nations shall have liberty to celebrate the rites of their respective religions in their own houses. The Consuls, respectively, shall have liberty and. personal security given them to travel within the territories of each other, both by land and sea, and shall not be prevented from going withtotheTeSnes on board any vessels they may think proper to visit; they °' *"'"'^"^' *=• shall likewise have liberty to appoint their own dragoman and broker. Article XVI. 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 war be declared on any pretext whatever; but if the Consul p„to"aS'B"'from residing at the place where the dispute shall happen shall tf^!^ °' """ not be able to settle the same, the Government of that coun- try shall state their grievance in writing and transmit the same to the Government of the other, and the period of three months shall be al- lowed 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 pujrpose. 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 ex- change may be effected by any private individual legally authorized by either of the parties. Aeticlb XVIII. If any of the Barbary States, or other powers at war with the United States, shall capture any American vessel and send her into any port of the Eegency of Algiers, they shall not be per- tvSruSfted¥ia«; mitted to sell her, but shall be forced to depart the port on TreatSintofpriS procuring the requisite supplies of provisions ; but the ves- sels 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 re- freshments of any kind, and to sell such prizes in the said ports, with- out any other customs or duties than such as are customary on ordi- nary commercial importations. Article XIX. If any of the citizens of the United States, or any persons under their protection, shall have any disputes with each other, the Consul shall decide between the parties; and whenever the f^^^^.li"'" Consul shall require any aid or assistance from the Govern- 8 TREATIES AND CONVENTIONS. should SO put in from a disaster at sea, aud have occasion to repair, vcsei. obliged to 8^6 shall be at liberty to land and re-embark her cargo with- repair. Q^^; paying any customs or duties whatever ; but in no case shall she be compelled to land her cargo. Akticlb X. Should a vessel of either of the contracting parties be cast on shore 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. Aeticle 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 »ei/°ta'tile°port"oi bo protcctcd as much as is possible. If she be in port she either party. ^j^^jj ^^^ ^^ scizcd or attackcd whcu 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. aeticle xn. The commerce between the United States of America and the Eegency Mo.tfavoredMtio» of Algicrs, thc protcctions to be given to merchants, masters dauae. gf vcssels, aud 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 conBniori7.s..iot for the debts contracted by citizens of his own nation, SSiS' '""'*'' unless he previously gives written obligations so to do. Article XIV. On a vessel or vessels of war belonging to the United States anchoring t<.Te.seiBof before the city of Algiers, the Consul is to inform the Deyof her arrival, when she shall receive the salutes which are^ by treaty or custom, given to the ships of war of the most favored nations on similar occasions, and which shall be returned gun for gun ; an(^ if, after such arrival, so announced, any Christians whatsoever, captives in Algiers, make their escape and take refuge on board any of the ships of war, they shall not be required back again, nor shall the Consal of the United States or commanders of said ships be required to pay any- thing for the said Christians. Article XY. As the Government of the United States of America has, in itself, no Keiuionsopinioni. ''l^^.racter of enmity against the laws, religion, or tranquil- lity of any nation, and as the said States have never entered Salutea war of United States. ALGIERS, 1815. 9 into any voluntary war or act of hostility except in defense of their jnst rights on the high seas, it is declared, by the contracting parties, that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two nations ; and the Consuls and Agents of both nations shall have liberty to celebrate the rites of their respective religions in their own houses. The Consuls, respectively, shall have liberty and, personal security given them to travel within the territories of each other, both by land and sea, and shall not be prevented from going witMntheTe'rHSe on board any vessels they may think proper to visit; they <''^''''""'"^'*"^ shall likewise have liberty to appoint their own dragoman and broker. Article XVI. 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 war be declared on any pretext whatever; but if the Consul p„te"'™B°4""om residing at the place where the dispute shall happen shall SIw™ °' *"" not be able to settle the same, the Government of that coun- try shall state their grievance in writing and transmit the same to the Government of the other, and the period of three months shall be al- lowed for answers to be returned, during which time no act of hostility shall be permitted by either party; and incase 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. Aeticle 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 f,^^^„,^f„„ 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 ex- change may be effected by any private individual legally authorized by either of the parties. Aeticle XVIII. If any of the Barbary States, or other powers at war with the United States, shall capture any American vessel and send her into any port of the Eegency of Algiers, they shall not be per- t^^ruSftedst^w mitted to sell her, but shall be forced to depart the port on ^l^atSoffiS: procuring the requisite supplies of provisions ; but the ves- sels 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 re- freshments of any kind, and to sell such prizes in the said ports, with- out any other customs or duties than such as are customary on ordi- nary commercial importations. Aeticle XIX. If any of the citizens of the United States, or any persons under their protection, shalt have any disputes with each other, the Consul shall decide between the parties; and whenever the pS'l^^eraf'"" Consul shall require any aid or assistance froni the Govern- 10 TREATIES AND CONVENTIONS. ment 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 nation 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 at law that may take place between any citizens of the United States and the subjects of the Eegency 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 subject of Algiers, or, on the contrary, a subject of Algiers should kill, wound, or strike 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 ; but the sentence of punishment 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 Free 6»t.T for Con- P^'Y ^-uy customs Or dutics whatever on anything he iniports sol of United states, from n forcigu country for the use of his house and family. Article XXII. Should any of the citizens of the United States of America die within Citizens or United the llmlts of thc Ecgcncy of Algiers, the Dey and his sub- ^hS'leS rf a'i° jects shall not interfere with the property of the deceased, «'"'■ . but it shall be under the immediate direction of the Consul, 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 Dey or his subjects give hinderance in the execution of any will that may appear. I certify the foregoing to be a true copy of a treaty of peace negotiated by Commodore Decatur and myself with the Eegency of Algiers, and signed by the Dey of that Eegency on the 30th June, 1815. On board the United States ship Guerriere, 6th July, 1815. Wm. Shalek. 1816.* EENEWED TEEATY OF PEACE AND AMITY. Concluded December 22 and 23, 1816; Proclaimed February 11, 1822. The President of the United States and the Dey of Algiers, being desirous to restore and maintain, upou a stable and permanent footing, the relations of peace and good understanding between the two powers, * See Notes: "Abrogated, suspended or obsolete treaties." ALGIERS, 1816. 11 and for this purpose to renew the treapty of peace and amity which was concluded between the two States by William Shaler and Commodore' Stephen Decatur, as Commissioners Plenipotentiary on the part of the United States, and His Highness Omar Pashaw, Dey of Algiers, on the 30th of June, 1815. The President of the United States having subsequently nominated and appointed, by commission, the above-named William Shaler, and Isaac Chauncey, Commodore and Commander-in-Chief of all the Naval Forcesof the United States in the Mediterranean, Commissioners Pleni- potentiary, to treat with His Highness the Dey of Algiers for the renewal of the treaty aforesaid; and they have concluded, settled and signed the following articles : Article I. There shall be, from the conclusion of this treaty, a firm, perpetual, inviolable and universal peace and friendship between the pe„ce and Wfnd. President and citizens of the United States of America, on '^''^■ the one part, and the Dey and subjects of the Eegency of Algiers, in Barbary, on the other, made by the free consent of both parties, and on the terms of the most favored nations; and if either party shall here- after grant to any other nation any particular favor or privi- Fa,„„ „ „„i,„. lege in navigation or commerce, it shall immediately become """"■"ic-'merce. common to the other party ; freely, when freely it is granted to such other nations, but when 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. It is distinctly understood between the contracting parties that no tribute, either as biennial presents, or under any other form ^ .^^^^^ or name whatever, shall be required by the Dey and Ee- gency of Algiers from the United States of America, on any pretext whatever. Article HI. [Eelates to the mutual restitution of prisoners and subjects, and has been duly executed.] ' see articles 3«-d 4 of the treaty ot June 30, 1815. Article IV. [Eelates to the delivery, into the hands of the Consul General, of a quantity of bales of cotton, &c., and has been duly executed.] 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 j-aemieeTroperty the other party, they shall pass free and unmolested, and no attempt shall be made to take or detain them. Article VI. If any citizens or subjects, belonging to either party, shall be found on board a prize vessel taken from an enemy by the other party. Treatment or m- such citizens or subjects shall be liberated immediately, and ^Sr°',aw''?ak°n' in no case, or on atay pretense whatever, shall any American ^.^S"' "" '""""''° 12 TREATIES AND CONVENTIONS. citizen be kept in captivity or confinement, or tlie 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. Akticle VII. Proper passports shall immediately be given to the vessels of both the contracting parties, on condition that the vessels of war be- ,ew °eMh'°pmy: louglug to thc Eegcncy of Algiers, on meeting with merchaiit K,ihtofv,.,t. ygggeig 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 offendsrB abasing commandcr, or any other person on board a vessel so visited, the right of viBit. Qp plunder 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- ing a cruiser belonging to the Regency of Algiers, on having gJiM'SeS pro- seen her passports , and certificates from the Consul of the «dej wrthpassporti,. u^jj-g^ Statcs rcsldiug 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. Aetiole VIII. A fcitizen or subject of either of the contracting parties having bought What shall be .uf- a prize vessel condemned by the other party, or by any other ficientpa.aport. natlou, thc ccrtiflcatcs of condemnation and bill of sale 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. Aexiole IX. Vessels of either of the contracting parties putting into the ports of Foraishmg of pro- thc othcr, aud havlug need of provisions or other suppUes, Tiaions. shall 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 Landin of car o ^^^^ ^® *t liberty to land and re-embark her cargo, without an mgo cargo, pg^yjjjg g^jjy (jQgtorQs Or dutlcs whatcvcr ; but in no case shall be compelled to land her cargo. Article X. Should a vessel of either of the contracting parties be cast on shore wrsdu. within the territories of the other, all prosper assistance shall ^' ■ be given to her and her crew; no piUage shall be allowed; the property shall remain at the disposal of the owners ; and, if reshipped ALGIERS, 1816. 13 on board of any vessel for exportation, no customs or duties whatever shall l)e required to be paid thereon, and the crew shall be protected and succored until they can be sent to their own country. Aeticle 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 ^^^^^^.^^ ^^ ^^ be protected as much as is possible. If she be in port, she BerBo°SerV»rt"i'n 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 eneniy shall be permitted to pursue her from the same port within twenty-four hours after her departure. Aeticle XII. The commerce between the United States of America and the Eegency of Algiers, the protections to be given to merchants, masters Most ayored na- of vessels and seamen, the reciprocal rights of establishing «"""=>""«• Consuls in each country, the privileges, immunities and jurisdictions to be enjoyed by such Consuls, are declared to be on the same footing, in every respect, with the most favored nations, respectively. Aeticle XIII. The Consul of the United States of America shall not be responsible for the debts contracted by the citizens of his own country, comui of united unless he gives previously written obligations so to do. Kr Sto Tcuu zens. Aeticle 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 ve»eiB or ^„ ot of her arrival, when she shall receive the salutes which are, Sff.'' ^S°,d free navigation of the confluents of the river Plate, agree JSMartinGareu 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, wMch shall not have given its adhesion to the principle of their free navigation. Article VI. If it should happen (which God forbid) that war should break out be- tween any of the States, Eepublics or Provinces of the river NaviMtio^ or »id Plate or its confluents, the navigation of the rivers Parang r,v=r8intini.ofwar. and Uruguay shall remain free to the merchant flag of aU nations, except- ing in what may relate to munitions of war, such as arms of all kinds, gunpowder, lead and cannon balls. Ajbticle VII. Power is expressly reserved to His Majesty the Emperor of Brazil, and the Governments of Bolivia, Paraguay and the Oriental State othersouthAmer- of Uruguay to become parties to the present treaty, in case ma°i^ede"to\h" they should be disposed to apply its principles to the parts '"""'• of the rivers Parang, Paraguay aiid Uruguay, over which they may respectively possess fluvial rights. Article VIII. The principal objects for which the rivers Parand and Uruguay are declared free to the commerce of the world,, being to extend „„„ f„„„d ».- the merctotile relations of the countries which border them, "°°- and to promote immigration, it is hereby agreed that no favor or immu- nity shaU 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 Batwcationa 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 afiflxed 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. SEAL. SEAL. SEAL. Eob't C. Schenck. Jno. Pendleton. Salvador Ma. del Caeril. J0S:6 B. GOROSTIAGA. 3769 IE 2 18 TREATIES AND CONVENTIONS. 1853. TREATY OF FRIENDSHIP, COMMERCE AND NAVIGATION. Concluded July 27, 1853; Batifications exchanged at Parand JDecember 20, 1854; Proclaimed April 9, 1855. Commercial intercourse having been for some time established be- tween 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 to 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 0. Schenck, Envoy Extraor- dinary and Minister Plenipotentiary of the United States Negotiatora. ^^ Brazil, aud John S. Pendleton, Charg6 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 haviiig 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 D«iar«b»ofam. citizcus ou thc one part, and the Argentine Confederation "y- and its citizens on the other part. Article II. There shall be between all the territories of the United States and all Frradom of com- thc territorics of the Argentine Confederation a reciprocal meroe. frcedom 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 may be, permitted to come; to enter into the same, and to remain and 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 general laws and usages of the two countries respectively. oBoelnd pMseSglr lu Ukc mauucr, the respective ships of war, and post-office packets. ^^ 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, Most favored .a- prlvilegB Or Immumty whatever, in matters of commerce or "°"- navigation, which either of them has actually granted) or ARGENTINE CONFEDERATION, 1853. 19 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, natioa or state, shall have been gratuitous; or, in return for an equivalent compensation, if the concession shall have been conditional. Article IY. Ko higher or other duties shall be imposed' on the importation into the territories of either of the two contracting parties of any ^„ di,„imi„ati>,B. article of the growth, produce or manufacture of the terri- JJtlona'iKfSto tories of the other contracting party, than are, or shall be, ""■"i"'"- 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 expor- tation 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- k^ aiacrimmatiM 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 VI. The same duties shall be paid, and the same drawbacks and bounties allowed, upon the importation or exportation of any article n„ diaoBMinatioi, into or from the territories of the United States, or into or rJ"££*nt': from the territories of the Argentine Confederation, whether ""'= =°^ '"""■"=• such importation or exportation be made in vessels of the United States or in vessels of the Argentine Confederation. Article VII. The contracting parties agree to consider and treat as vessels of the United States and of the Argentine Confederation all those p,oofBof Mtionai. which, being furnished by the competent authority with a '^yot^^seu. 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 VIII. All merchants, commanders of ships and others, citizens of the United States, shall have full liberty, in all the territories of the ^^.^.^^^^^ ^^ ^^._ Argentine Confederation, to manage their own affairs them- zs^or^both wi^nj 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- 20 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 cases by citi- zens of the Argentine Confederation. And absolute freedom shall be allowed in all cases to the buyer and seller tq 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 privilegeSj in all respects, shall be enjoyed in the territories of the United States, by the ciiizens 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 justica 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 fespect, the same rights and privileges therein as native citizens. Article IX. In whatever relates to the police of the ports, the lading and unlad- poiiceofportt ing of ships, the safety of the merchandise, goods andeffects, portt 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 shall reciprocally enjoy the same privileges, liberties and rights, as native citizens ; and they shall not he 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 Death of ciuz™ respcctivcly. If any citizen of either of the two contract- or o°ne i»ition'S\™ lug partlcs shall die without will or testament, in any of the ritory of thsother. ^;gj.j.j^opjgg pf ^jjg Qthcr, thc Consul-Gcneral 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 the 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- Miiiiar servfce ^ratiou, aud thc citizens of the Argentine Confederation for«a"'ToJn" Hi 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 Liberty to appoim Cousuls, for thc protcctiou of trade, to reside in any of the consnia. territorics 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. 21 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 „„( f^,„,^ „,. privileges, exemptions and immunities are, -or shall be, coraedwD&a??; granted to agents of the same rank, belonging to the most ^'^"f^icom^u. 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. Akticle XII. For the better security of commerce between the United States and the Argentine Confederation, it is agreed that if , at any Treatmeatof oiu- time, any interruption of friendly commercial intercourse, J™toIriSw"f°thS or any rupture, should unfortunately take place between »therint.i4eofwar. 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- ^ . ., A « ,7 ^ , , •'-', , • _Li • 1 PriTilegeB of citi- ries of the other party, shall enjoy, m their nouses, persons »|M^f on. nation u and properties, the full protection of the Government. 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 "'""' ""' ^'"' in their own churches or chapels, which they shaU 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 months from the date, „„ia„,u„„ and 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. ' 22 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,. SEAIi. SEAL. SEAL. eobeet 0. schenck. Jno. Pendleton. Salvador Ma. del Careil. JOSilS B. GOROSTLAGA. AUSTEI A — HUNGIARY. 1829. TREATY OF COMMERCE AND NAVIGATION. Concluded August 27, 1829; Ratifications exchanged at Washington February 10, 1831 ; Proclaimed February 10, 1831. The tFnited 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 understanding which have hith- erto 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 per- fect 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, 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 New 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- Kreedon, of com- itants of their respective States shall mutually have liberty "■»'™«'^">'i««'i''"- 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 no discrimmation United States arriving, either laden or in ballast, in the ports '" """""' ''°"=»- 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 oflScers and aU 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. 33 24 TREATIES AND CONVENTIONS. Article III. All kind of merchandise and articles of commerce, either the produce No diaorimination of ^^^ soil Or the Industrj of thc United States of America, in duties on imports, qj. ^f g^Qy Qfjj^Qj. countrj, wMch may be lawfiiUy 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. Aeticlb IV. To preventthepossibility of any misunderstanding,itishereby declared precedin .ti uia- ^^^^ ^^^ stipulatious contaiucd in the two preceding articles tio^miit«!a"appiT. are, to their full 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 respectively belong, or from the ports of any other foreign country. Abticle V. Ko higher or other duties shall be imposed on the importation into Most favored na- the Uuitcd Statos of EiTij articlc the produce or manufacture of the dominions of Austria ; and no higher or other duties shall be imposed on the importation into the dominions of Austria of any article the pi^oduce 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 kind of merchandise and articles of commerce, either the produce No disorimiMtion of tho soll Or of thc ludustry of the United States of America, LndSbacKM*. or of any other country, which may be lawfully exported or po'"- re-exported from the ports of the said United States in na- tional vessels, may also be exported or re-exported therefrom in Aus- trian vessels, without paying othesr or higher duties or charges of what- ever kind or denomination, levied in the name or to the profit of the Govermnent, the local authorities, or of any private establishments wtiat- tioQ. AUSTRIA-HUNGARY, 1829. 25 soever, than if the same merchandise or produce had been exported or re-exported 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 kind 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 re-exported from Austrian ports in national vessels, may also be exported or re-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 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 re-exportation 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 the operation of this treaty, and of every article thereof. ooa.t.ng trade. Article VIII. Ifo priority or preference shall be given, directly or indirectly, by either of the contracting parties, nor by any company, cor- poration or agent, acting on their behalf or under their in purcha»"™r'im° authority, in the purchase of any article of commerce, law- SationamroT^es. 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 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 particu- lar favor in 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 X. The two contracting parties hereby reciprocally grant to each other the liberty of having, each in the ports of the other, Con- Liberty « appoint suls, 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 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 XL The citizens or subjects of each party shall have power to dispose of their personal goods within the jurisdiction of the other, by .en.'°Ke°'"„a?ion testament, donation or otherwise; and their representatives, Sh"'"'""^ ""^ "" Most favored nation. 26 TREATIES AND CONVENTIONS. being citizens or isubjects of the other party, shall succeed to their per- sonal goods, whether by testament or ai 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 Majiesty the Emperor of Austria, to prevent the emigration of his subjects. Article XII. ■ The present treaty shall continue in force for ten years, counting Dmotion of the from thc day of the exchange of the ratifications ; and if tre»tr. 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 KatiiicatioM tjuited Statcs, by and with the advice and consent of the at. cations. geuatc thcrcof, 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. [SEAL.] M. Van Buken. [SEAL.J L. Baron de Ledeeer. * This period was extended, -pith 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. AUSTKIA-HUNGAKY, 1848. 27 1848. CONVENTION RELATIVE TO DISPOSAL OF PROPERTY, BEING THE EXTEN- SION OF CERTAIN STIPULATIONS CONTAINED IN THE TREATY OF COM- MERCE AND NAVIGATION OF 27th AUGUST, 1829. Concluded May 8, 1848 ; Ratifications exchanged at Washington February 23, 1860; Proclaimed February 25, 1850. The United States of America and His Majesty the Emperor of Austria 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 respective Consuls by the tenth article of said treaty of commerce and navigation, have named for this purpose their respective Plenipotentiaries, namely : The President of the United States of America has conferred full powers on James Buchanan, Secretary of State of the United States; and His Majesty the Emperor of Austria upon his Nsgotutor.. Charg6 d' Affaires 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 : Abticle I. The citizens or subjects of each of the contracting parties shall have power to dispose of their personal property within the States property or ciu- of the other, by testament, donation or otherwise; and their f^^Jritoy of 12° heirs, legatees and donees, being citizens or subjects of °"'°'- 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 ^^Deatw atizeM property would, by the laws of the land, descend on a citi- m°^^th^oS^"' 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. Abtiolb 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 Property or absent taken in a like case of property belonging to the natives "='"■ 28 TREATIES AND CONVENTIONS. of the country, until the lawful owner or the person who has a right t sell the same, according to Article II., may take measures to receive c dispose of the inheritance. Abticlb IV. The high contracting parties grant to each other the liberty of having Libert, to .ppoiM Bach lu tho ports of the other, Consuls, Vice-Consuls, Com consni,. mercial Agents and Vice-Commercial Agents, of their ow: appointment, who shall enjoy the same privileges and powers as those the most favored nations; but if any of the said Consuls shall carry oi trade, they shall be subjected to the same laws and usages to whic! private individuals of their nation are subjected in the same place. The said Consuls, Vice-Consuls, Commercial and Vice-Commercia Agents shall have the right as such to sit as judges an( pu'tS'Swe™ 'am! arbitrators in such differences as may arise between th ter.«>dcrews. mastcrs aud crews of the vessels belonging to the natioi whose interests are committed to their charge, without the interferenc of the local authorities, unless the conduct of the crews or of the captaii should disturb the order or tranquillity of the country; or the sai« Consuls, Vice-Consuls, Commercial Agents, or Vice-Commercial Agents should require their assistance in executing or supporting their owj decisions. But this species of judgment or arbitration shall not depriv 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 ViceCom mercial Agents, are authorized to require the assistance o the local authorities for the search, arrest and imprison ment of the deserters from the ships of war and .merchant vessels o their country. For this purpose they shall apply in writing to the com petent tribunals, judges and ofiScers, and shall demand said deserters proving by the exhibition of the registers of the vessels, the muster-roll of the crews, of by any other official documents, that such individual 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 th said Consuls, Vice-Consuls, Commercial Agents, and Vice-Commercia Agents, and may be confined in the public prisons, at the request anc cost of those who shall claim them, in order to be sent to the vessel to which they belong, or to others of the same country. But if no sent back within three months of the day of their arrest, they shal be set at liberty, and shall not be again arrested for the same cause. li however, the deserter shall be found to have committed any crime o offense requiring trial, his surrender may be delayed until the tribuna before which his case shall be pending shall have pronounced its sen tence, and such sentence shall have been carried into effect. Article V. The present treaty shall continue in force for two years, conntini Dumioi. of treaty ^^^ *^® day of thc cxchauge of its ratifications; and ii urationo treaty, ^^gjyg mouths bcforc thc cxpiration of that period, neithe of the high contracting parties shall have announced by an officia notification to the other, its intention to arrest the operation of sai treaty, it shall remain binding for one year beyond that time, and so o: until the expiration of the twelve months which will follow a simila notification, whatever the time at which it may take place. AUSTKIA-HUNGAEY, 1856. 29 Article VI.* 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 of His Majesty "^"-s-"""- the Emperor of Austria; and the ratifications thereof shall be exchanged in Washington within the term of one year from the date of the signa- ture 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 afiQxed their seals. Done in the city of Washington, on the eighth day of May, one thou- sand 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. SEAL. SEAL. James Buchanan. HtiLSEMANN. 1856. CONVENTION FOE THE EXTRADITION OF CRIMINALS, FUGITIVES FROM JUSTICE. Concluded July 3, 1856; Batifications exchanged at Washington December 13, 1856; Proclaimed December 15, 1856. Whereas it is found expedient, for the better administration of justice and the "t&fevention of crime within the territories and jurisdiction 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 of Austria forbid the surrender of its own citizens to a foreign jurisdiction, the Government of the United States, with a view of making the convention strictly reciprocal, 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 convention; that is to say: The President of the United States, William L. Marcy, Secretary of State; andHisMajestytheEmperorof Austria, John George Chevalier de Hiilsemann, his said Majesty's Minister Eesi- "eeotiators. dent near the Government of the United States; who, after reciprocal *EeaoluUon of the Senate of the United States, February 13, 1850. Whereas the time limited by the sixth article of the convention for the extension of certain stipulations contained in the treaty of commerce and navigation of August 27, 1829, between the United States of America and His Majesty the Emperor of Aus- tria, concluded at the city of Washington the 8th May, 1848, has expired before the ratification of the said convention by the Senate : Be it, therefore, Resolved, {two-thirds of the Senators present concurring,) That the Senate advise and consent to the exchange of ratifications of the convention aforesaid, at any time prior to the 4th day of July next, ■whenever the same shall be offered by His Majesty the Emperor of Austria, and the said ratifications shall be deemed and taken to have been regularly exchanged, the limitation contained in said convention to the contrary not- withstanding. Attest: ASBUEY DICKINS, Secretary. 30 TREATIES AND CONVENTIONS. communication of their respective powers, have agreed to and signed the following articles : Article I. It is agreed that the United States and Austria shall, upon mutual requisitions by them or their ministers, officers or authorities, respect- ively 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 fabrication or circulation of counter- feit 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: Ev.3™™. 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 offense had there been com- mitted; and the respective judges and other magistrates of the two Grovernments 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 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 E:,cens^,. ^j^^j^ ^^ bomB aud defrayed by the party who makes the re- quisition and receives the fugitive. The provi^ons of the present convention shall not be applied, in any manner, to the crimes enumer- ated 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 Neither naton to citizcus Or subjccts uudcr the stipulations of this conven- deliver its citrzenR. 4-j y-k-n Article III. Whenever any person accused of any of the crimes enumerated in this per»oin who have conveution shall have committed a new crime in the terri- Sr'stote\'o" which tories of the State where he has sought an asylum or shall they have fled. ][jg found, such pcrson shall not be delivered up, under the stipulations of this convention, until he shaH 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- Duration of treaty ^^^^j eightceu huudrcd aud fifty-eight ; and if neither party shall 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 AUSTRIA-HUNGARY, 1870. 31 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 Jan- uary, 1858. Article Y. 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 sooner if possible. In faith whereof the respective Plenipotentiaries haA'^e signed this con- vention and have hereunto aflxed 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 Inde- pendence of the United States the eightieth. [SEAL.] W. L. Maroy. 'seal.! HiJLSEMANN.' 1870. CONVENTION CONCERNING THE RIGHTS, PRIVILEGES AND IMMUNITIES OF CONSULS. Concluded July 11, 1870; Batifications exchanged at Washington June 26, 1871; Proclaimed June 29, 1871. The President of the United States of America, and His Majesty the Emperor of Austria, King of Bohemia, etc., 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, Yice-Consuls and Consular Agents (their Chancellors and Secretaries) of the United States of America and of the Austro- Hungarian Monarchy, and to determine their duties and their respect- ive sphere of action, have agreed upon the conclusion of a consular convention, and for that purpose have appointed their respective Pleni- potentiaries, namely : the President of the United States of America, Hamilton Fish, Secretary of State of the United States; and His Maj- esty the Emperor of Austria, Apostolic King of Hungary, Charles, Baron von Lederer, Knight of the Imperial and "seoftor.. Eoyal 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, Vice-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 Libert, t„ appoint applying to every other Power. Consuls-General, Consuls ''°°°"'=- and other Consular officers appointed and taking office according to the provisions of this article, in one or the other of the two countries, shall be free to exercise the right accorded them by the present con- 32 TREATIES AND CONVENTIONS. vention throughout the whole of the district for which they may be re- spectively appointed. The said functionaries shall be admitted and re- cognized respectively upon presenting their credentials in accordance with the rules and formalities established in their respective countries. The exequatur required for the free exercise of their official duties shall E„,uat»rs ^® delivered*to them free of charge ; an d upon exhibiting such exequatur they shall be admitted at once and without inter- ference 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 reciprocally granted. Aetiole II. The Consuls-General, Consuls, Vice-Consuls and Consular Agents, their Rights of cojsni. chancellors, and other Consular Officers, if they are citizens c:ti.'li,8'o°fthe°sSto of the State which appointsthem, shall be exempt from mili- appomt.iwthem. ^^^^ billctings, ftom service in the military or the national guard, and other duties of the same nature, and from all direct and per- sonal taxation, whether federal, state or municipal, provided 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, or if th^y are citizens of the State in which they reside, or if Rights of Consuls, ,, ■> , , -.. ,-■ ni. not citiieM of states they owu propcrty, or engage m any business there that is appomimg t em. ^g^^g^ nudcr auy 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 onlj with general laws, applicable to all persons alike. Aeticle III. Consuls-General, Consuls and their Chancellors, Vice-Consuls and Evidenc. of Con- ^^^^^''^^^J^ Offlccrs, If cltizeus of the country which appoints .nie" in'^co^te °of thcm, shall not be summoned to appear as witnesses before a court of justice, except when, pursuant to law, the testi- mony 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 testi- mony 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 arms of their nation, with the inscription: "Consulate ag.. Qen^ral", "Consulate", "Vice-Consulate" or. "Consular Agency", as may be. They shall also be at liberty to hoist 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 employed by them in port for the discharge of their duty. AUSTKIA-HUNGARY, 1870. 33 Article V. The consular archives shall be at all times inviolable, and under no Consular archiven. pretence whatever shall the local authorities be allowed to examine or seize the papers forming part of them. Article VI. In the event of incapacity, absence, or death of Consuls-General, Con- suls, Vice-Consuls, their Consular Pupils, Chancellors or Sec- . ' . 1 fSt '11 . 11 .t Death of ConBuls. retaries, whose olncial character may have been previously 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 VII. Consuls-General and Consuls shall have the power to appoint Vice- Consuls and Consular Agents in the cities, ports and towns within their consular districts, subject, however, to the to npS°vk°-cSn- approbation of the Government of the country where they reside. These Vice-Consuls 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, sufs^o 'gpiemmemS 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 SR,id authorities fail to take due notice of their application, they shall be at liberty, in the absenee 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 at their oflSce, at the residence of the parties, or on board oustoj'r "of'^rtaln ship, the depositions of the captains and crews of vessels of """"'■ 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 country: 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 3769 TR 3 34 TKEATIES AND CONVENTIONS. instruments, and also copies thereof, when duly authenticated by si Consul-General, Consul, Vice-Consul or Consular Agent under his oflic seals, shall be received in courts of justice as legal documents, or authenticated copies, as the case may be, and shall have the same fo: and effect as if drawn up by competent public officers of one or 1 other of the two countries-. Consuls-General, Consuls, Vice-Consuls Consular Agents of the respective countries shall have the power translate and legalize all documents issued by the authorities or fu tionaries of their own country, and such papers shall have the sa force and effect in the country where the aforesaid ofiBcers reside ai drawn up by sworn interpreters. Article X. Consuls-General, Consuls, Yice-Consuls or Consular Agents shall be Right, or Consul, liberty to go on board the vessels of their nation admiti S'counJiiri'eb to entry, either in person or by proxy, and to examine i mastsrBiinicrew,. captain aud crcw, to look into the register of the ship, receive declarations with reference to their voyage, their destinati and the incidents of the voyage; also, to draw up manifests, lists freight, to assist in despatching their vessels, and finally to accc pany the said captains or crews before the courts and before the ; ministrative authorities, in order to act as their interpreters or agei in their business transactions or applications of any kind. The judic authorities and custom-house officials shall in no case proceed to i examination or search of merchant vessels without previous notice the consular authority of the nation to which the said vessels belong order to enable them to be present. They shall also give due notice to Consuls, Vice-Consnls or Consu Agents, in order to enable them to be present at any depositions or sta ments to be made in courts of law, or before local magistrates, by ci tains or persons composing the crew, thus to prevent errors or false terpretations which might impede the correct administration of justi The notice to Consuls, Vice-Consuls or Consular Agents shall na the hour fixed for such proceedings, and upon the nonappearance of 1 said officers or their representatives, the case shall be proceeded w: in their absence. Article XI. Consuls, Vice-Consuls or Consular Agents, shall have exclusive chai of the internal order of the merchant vessels of their nati pntll'bSween mM^ They shall have therefore the exclusive power to ts tsrsandcrewB. cognizauce of and to settle all differences which may ar at sea or in port between captains, officers and crews in reference wages and the execution of mutual contracts, subject in each case the laws of their own nation. The local authorities shall in ncf vi interfere, except in oases where the differences on board ship are o: nature to disturb the peace and public order in port or on shore, or wl persons other than the officers and crew of the vessel are parties to 1 disturbance, except as aforesaid, the local authorities shall confine tb( selves to the rendering of forcible assistance if required by the Consi Vice-Consuls or Consular Agents, and shall cause the arrest, tempon imprisonment and removal on board his own vessel of every pers whose name is found on the muster-rolls or register of thp ship or lisl the crew. AUSTKIA-HUNGAEY, 1870. 35 AeticlSi XII, Consuls-General, Consuls, Yice-Consulsor 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 be 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 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 shiill 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. Abticlb XIII. In all cases where no other agreement to the contrary exists between owners, freighters and insurers, all damages suffered at sea SMUement of dam- by the vessels of the two countries, whether they enter the g°',e°"efror euhej respective ports voluntarily or by stress of weather, shall be "'"°°- settled by the Consuls-General, Consuls, Vice-Consuls or Consular Agents of their respective nation, 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 or cast on shore upon the coast of the other, the local au- stipwr,<:kB. thorities shall inform the Consuls-General, Consuls, ViccTConsuls or Con- 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, Yice- ^°'''"°' 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-Genera!, Con- suls, Vice-Consuls or Consular Agents. An interference of the local authorities iu the two countries shaU take 36 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-Qeneral, Consuls, Vice-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. ifo 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 aU duties. Article XV. Consuls-General, Consuls, Vice-Consuls and Consular Agents, also Con- sular Pupils, Chancellors and Consular OfScers shall enioy iu' Most favored oa- it , , • iiiti-i i • , • • ■*• tion privileges ac thc two couutries all the liberties, prerogatives, immunities corded to Conauls, -, • -t i. i a jy j.-- x' xi i ji and privileges granted to functionaries or the same class of the most favored nation. Abticle XVI. In case of the death of a citizen of the United States in the Austro- Deaihofcitizensof Huugarian Mouarchy, or of a citizen of the Austro Hun- oM"ati°n°'to t"°i- garian Monarchy in the United States, without having any tory of tlie other. Y t • j. j. j. j.ii- -j^-i 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 con- years from. the date of the exchange of the i^atiflcations, mention. wMch shall be made in conformity with the respective con- stitutions of the two countries, and exchanged at Washington within the period of ten 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.] LeDEEER. * By resolation of tbe Senate the time for exchange of ratifications was extended I three months. AUSTRIA-HUNGARY, 1870. 37 1870. CONVENTION CONCERNINa NATURALIZATION. Concluded September 20, 1870'; Ratifications exchanged at Vienna Jiily 14, 1871 ; Proclaimed August 1, 1^71. The President of the United States of America, and His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary, led by the wish to. regulate the citizenship of those persons who emigrate irom the United States of America to the territories of the Austro-Hnngarian Monarchy, and from the Austro-Hungarian Mon- archy to 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, John Jay, Envoy Extraordinary and Minister Plenipotentiary from the United States to His Imperial and Epyal Apostolic Majesty ; and Nejotrawra His Majesty the Emperor of Austria, etc., Apostolic King of Hungary, the Count Frederick Ferdinand de Beust, 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 : Aeticlb I. Citizens of the Austro-Hungarian Monarchy who have resided in the United States of America uninterruptedly at least Ave years, and during such residence have become naturalized citizens of the United States, shall be held by the Government of Austria and Hungary Re5„i„ments for to be American citizens, and shall be treated as such. i.aturaiiz.tioo. Eeciprocally, 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. Aeticle 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 ttS'S^ "^^S^t 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-fulfllment 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. 2d. If he has emigrated whilst he stood in service under iJj-laws" °' ■""' the flag, or had a leave of absence only for a limited time. 3d. If, having a leave of absence for an unlimited time, or belonging 38 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 Autro-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 enu- merated 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. Akticle Iir. The convention for the mutual delivery of criminals, fugitives from justice, concluded on the 3d July, 1856, between the Govern- iffisf'Slith^Mar; ment of the United States of America on the one part, and i8«,,.m,mmfo«:. thc Austro-Huugarlan Monarchy on the other part, as well as the additional convention, signed on the 8th May, 1848, to the treaty of commerce and navigation concluded between the said Governments on the 27th of August, 1839 [1829], and especially the stipulations of Arti- cle IV. of the said additional convention concerning the delivery of the deserters from the ships, of war and merchant vessels, remain in force without change. Article IV. The emigrant from the one State, who, according to Article I., is to be Renunciation o f li^M as a citizcn of the other State, shall not, on his return ciiijensiiip. ^Q jjjg 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 recogni- tion of his recovery of citizenship in his original country. Article V. The present convention, shall go into effect immediately on the ex- Burauon of con- changc of ratlflcatlons, and shall continue in force ten years. TBntion. 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 partijes shall have given notice to the other of such inten- tion. Article VI. The present convention shall be ratified by the President of the Ratification.. United States, by and with; the consent of the Senate of the at c«.oni>. xJnited States^ and by His Majesty the Emperor of Austria, etc.. King of Hungary, with the constitutional consent of the two Legis- latures of the Austro-Hungarian Monarchy, and the ratifications shall be exchanged 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 afiixed 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 tbe Independence of the United States of America, and in the twenty- second year of the reign of His Imperial and Eoyal Apostolic Majesty. SBAL.l John Jay. SEAL.] BeTJST. ATJSTRIA-HUNGAET, ia71. Sd 1871. CONVENTION RELATIVE TO TRADE-MARKS. Concluded November 25, 1871; Ratifications exchanged at Vienna April 22, 1872; Proclaimed June 1, 1872. ■ The United States of America and his Majesty the Emperor of Aus- tria, King of Bohemia etc., and Apostolic King of Hungary, 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 President of the United States of America, John Jay, their Envoy Extraordinary and Minister Plenipotentiary from the United States of America to His Imperial and Eoyal Apostolic Majesty ; and His Majesty the Emperor of Austria and Apostolic King of Hungary ; the Count Julius Andrdssy of Csik Szent Kirily 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 terri- tories of the one of the contracting parties are affixed to countsrfe.tmg certain merchandize to prove its origin and quality is for- «""'»"""i"- bidden in the countries or territories of the other of the contracting parties, and shall give to the injured party 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 use a trade-mark for the benefit of citizens of the United States in the Austro-Hungarian Empire, or of citizens of the Austro-Hungarian Monarchy in the territory .i^°ri8h°°to mJ^ of the United States, cannot exist for a longer period than """■ that fixed by the law of the country for its own citi- Trade-markhoms zens. If the trade-mark has become public property in the effyraMf ^'S country of its origin, it shall be equally free to all in the '° "'^ countries or territories of the other of the two contracting parties. Article II. If the owners of trade marks, residing in the countries or territories of the one of the contracting parties, wish to secure their rights in the countries or territories of the other of the con- K«sj8tration. tracting parties, they must deposit duplicate copies of those marks in the Patent Office at Washington and in the Chambers of Commerce and Trade in Vienna and Pesth. 40 TREATIES AND CONVENTIONS. Article III. The present arrangement shall take effect ninety days after the ex- Duration of con- Change of ratiflcatlons, and shall continue in force for ten "'•"■'•"■ years from this date. In case neither of the high contracting parties gives notice of its in- tention to discontinue this Convention twelve months before its expiration, 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 Convention shall be exchanged at Vienna within twelve months or sooner if possible. t cafons. j^ faith whereof the respeative 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 ISTovember, 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 Imperial and Eoyal Apostolic Majesty. SEAL. SEAL. John Jay. AndrIsst. BADEN. 1857. CONVENTION FOE THE EXTRADITION OF CEIMINALS, FUGITIVES FEOM JUSTICE. Concluded January 30, 1857 ; Ratifications excJianged at Berlin April 21, 1857 ; Proclaimed May 19, 1857. 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 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 Gov- ernment to surrender its own citizens to a foreign jurisdiction, the Government of the United States, with a view of making the "conven- tion strictly reciprocal, 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 Eoyal High- ness 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 ; Ne,ot.ait>n. and His Eoyal Highness the Grand Duke of Baden, Adolph, Baron Marschall de Bieberstein, His said Eoyal Highness's Envoy Extraor- dinary and Minister 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: Aeticlb I. It is agreed that the United States and Baden shall, upon mutual requisitions by them, or their ministers, offlcers, or authorities, respect- ively 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 fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzle- ment 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 only be done upon such evidence of criminality as, according to the laws of the place where the fugi- tive 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 41 42 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 may be brought before such judges or other magistrates, respectively, to the end that th^ 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 ex- ecutive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defraved by the party who makes the requisition and receives the fugitive. IJTothing in this article contained shall be construed to extend to crimes of a political character. Akticle II. ITeither of the contracting parties shall be bound to deliver up its Neither nation to own cltizens Or subjects under the stipulations of this con- deliver its citizens. VPTll'io'n Article III. Whenever any person accused of any of the crimes enumerated in this Persona who have couventlon shall have committed a new crime in the territo- 5he°s'ta?^''w™which ries of the State where he has sought an asylum Or shall be ther have fled. foubd, such pcrsou 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 Duration of con- Jauuary, oue thousand eight hundred and sixty; and if vontion. 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 jjarties 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. 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, ti Mtiona. ^^^ ^^ ^^^ Government 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, aud have hereunto affixed their seals. Done in duplicate, at Berlin, the thirtieth day of January, one thou- sand eight hundred and fifty-seven, and the eighty-first year of the independence of the United States. SEAL.] P. D. Vroom. SEAL.] ADOLPH bar. MARSCHALJ. de BlEBEESTBIN. BADEN, 1868. 43 1868. TREATY CONCEENING NATUEALIZATION. Concluded July 19, 186S; Batifications exchanged at Berlin December 7, 1869; Proclaimed January 10, 1870. The President of the United States Of America and His Eoyal Highness the Grand Duke of Baden, led by the wish to regulate the citizenship of those persons who emigrate from 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 sub- jeofc, 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 Eoyal °'°"' "^ Highness the Grand Duke of Baden, his President of tie Ministry of the Grand-Ducal House and of Foreign Affairs and Chamberlain, Eu- dolph von Preydorf ; Who have agreed to and signed the following articles: Aeticle I. Citizens of the Grand Duchy of Baden, who have resided uninterrupt- edly within the United States of America five years, and ^,^!^ „, „,„,„. before, during, or after that time, have become or shall be- """""■ come naturalized citizens of the United States, shall be held by Badeu to be American citizens, and shall be treated as such. Eeciprocally, citizens of the United States of America, who have resided uninter- ruptedly' 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 Duchy 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. Aetiole II. A naturalized citizen of the one party, on return to the territory of the other party, remains liable to trial and punishment for .. •*'-ii-iij_ii J?!" • ' t A. J Offencea commit- an action punishable by the laws of his original country and wd before emigra- committed 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 Baden er who, under the first article, is to be held as an American citizen, is liable to trial and punis!timent 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 he 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 appearance, or after war has broken out. 44 TREATIES AND CONVENTIONS. On the other hand, a former Badener, naturalized in the United States, who, by or after his emigration, has transgressed or shall trans- gress the legal provisions on military duty by any acts or omissions, other than those above eniumerated in the clauses numbered one to three, can, oh 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, shaU be re- moved so soon as he shall prove his naturalization in the United States according to the first ai'ticle. Article III. The convention for the mutual delivery of criminals, fugitives from Extradition con J^^ticc, coucluded bctwceu the Grand Duchy of Baden on ventlpn if °i85?To thc oue part, and the United States of America on the other part, the thirtieth day of January, one thousand eight hun- dred and fifty-seven, remains in force without change. Article IV. The emigrant from the one State who, according to the first article, Recovery of for- 18 to bc hcW as & citizeu of thc other State, shall not on his mer citizenship. retum to Ws 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 allowed, and no fixed period of residence shall be required for the recognition of his recovery of citizenship in his original country. Aeticle v. The present convention shall go into effect immediately on the exchange nroration of con. of ratifications, and shall continue in force ten years. If mention. udther party shall have givei^ 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. Aeticle VI, The present convention shall be ratified by His Ebyal Highness the KntiBcttion.. ^raud 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 Oarlsruhe as soon as possi- ble. In faith whereof the Plenipotentiaries have signed find sealed this convention, Oarlsruhe, the 19th July, 1868, SEAL.] GeOE&E BANCEOFT. SEAL.] V. PEEyDOEP. BAVARIA. 1845. CONVENTION FOE THE MUTUAL ABOLITION OF THE DEOIT D'AUBAINE AND TAXES ON EMIGRATION. Concluded January 21, 1845 ; Batifications exchanged at Berlin ITovember 4, 1845; Proclaimed August-lS, 1846. The United States of America and His Majesty the King of Bavaria, having agreed, for the advantage of their respective citizens and sub- jects, 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 Nepwt<"^» His Majesty the King of Bavaria, upon Count Maximilian von Lerchen- feld-Koefering, his Chamberlain, Envoy Extraordinary and Minister Plenipotentiary at the Eoyal Prussian Court, Commander of the Eoyal Order of the Knights of St. George, of the Order for Merit in CivU Service of the Bavarian Crown, of St. Michael, Grand Cross of the Eussian Imperial Order 'Of St. Anne of the first class, of the Eoyal Prussian Order of the Eed Eagle of the first class, Commander, Grand ■Cross of the Eoyal Swedish Order of the North Star, and Great Com- mander of the Eoyal Greek Order of the Saviour; Who, after having exchanged their said full powers, found in due' and proper form, have agreed to and signed the following articles : Aetiole I. Every kind of droit WaubaAne, droit de retraite, and droit de detraction or tax on emigration, is hereby, and shall remain, abolished Abdiuon or droit between the two contracting parties, their States, citizens onomStS '°''°' and subjects, respectively. Aktiolb II. Where, on the death of any person holding real property within the territories of one party, such real propej-ty would, by the laws of the land, descend on a citizen or subject of the other, or "m nattonlLTr- 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 aU duties of detraction, 45 46 TREATIES AND CONVENTIONS. Abtiolb III. The citizens or subjects of each of the contracting parties shall have Property of citi- powcr to disposo of thelp (real and*) personal property fn°L?rito°r°,° oT'tho within the States of the other, by testament, donation or other. otherwise; and their heirs, legatees, and donees, being citi- zens or subjects of the other contracting party, shall succeed to their said (real and*) personal property, 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, Aeticle IY. In case of the absence of the heirs, the same care shall be taken pro- propert7of.b.ent vlslonally of such real or personal property as would be ■'='"■ 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. Abtiolb V. If any dispute should arise between different claimants to the same inheritance, they shall be decided in the last resort accord- iiftM SceraiU in- lug to thc laws, aud by the judges of the country where the property is situated. Article YI. But this convention shall not derogate in any manner from the force ,_ . of the laws already published, or 'hereafter to be published, prfvenTemigTauo" by Hls Maicsty the King of Bavaria, to prevent the emi- gration of his subjects. Article YII. This convention is concluded subject to the ratification of the Presi- dent of the United States of America, by and with the Ratification.. advlcc aud consent of their Senate, and of His Majesty the King of Bavaria, and the ratifications thereof shall be exchanged at Berhn 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 afSxed 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. SEAL. SEAL. Henet Wheaton. Geap v. Leechenfeld. *The words in parentheses are, in the original treaty, encircled in red ink. BAVAElA, 1853, 47, 1853. CONVENTION FOE THE MUTUAL EXTRADITION OF CRIMINALS, FUGI- TIVES FROM JUSTICE. Concluded September 12, 1853; Ratifications exchanged at London Novem- ber 1, 1854; Froclaimed 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 counties, taking into consideration that the increased means of communication between Europe and America facilitate the escape of offenders, and that, conse- quently, provision ought to be made in order that the ends of justice shall not be defeated, have determined to conclude an arrangement destined to regulate the course to be observed in all cases with refer- ence 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 constitution and laws of Bavaria, however, not allowing the Bavarian Grovernment 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 Plenipotentiaries : 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 Oetto, 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 Eoyal 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 : Aetiolb I. The Government of the United States and the Bavarian Government promise and engage, upon mutual requisitions by them or their minis- ters, offers 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 cir- culation of counterfeit money, whether coin or paper money, ov the embezzlement of public moneys, committed within the jurisdiction of either party, shall seek an asylum, or shall be found within the ter- ritories 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 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 issuer warrant for the apprehension of the fugitive or person 48 TREATIES AND CONVENTIONS. 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 suflflcient 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 delivefy shaU 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 other German of t^c Gcrman Confederatiou which may hereafter declare states may accede. j^g aCCCSSion thCrCtO. Article III. ZS'one of the contracting parties shall be bound to deliver up its own Neither natioi. to citizeus Or subjccts under the stipulations of this conven- deliver its citizens. 'f'in'n Article IV. Whenever any person, accused of any of the crimes enumerated in per^m who have this couveution, shall have committed a new crime in the JhfsJaM^w which territories of the State where he has sought an asylum or they have flei shall be fouud, 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- Duration of this 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 giv- ing 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 YI. • The present convention shall be ratified by the President, by and with Ratificationa ^^^ advlcc aud conscut 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 afftxed their seals. Done in duplicate, in London, the twelfth day of September, one thousand eight hundred and fifty-three, and the seventy-eighth year o'f the independence of the United States, [SEAL.J James Buchanan. [SEAL.] A, de Oetto. BAVAKIA, 1868. 49 1868. , TREATY CONCEENING NATURALIZATION. Concluded May 26, 1868; Batifications exchanged at Munich September 18, 1868; Proclaimed Octobers, 1868. His Majesty the King of Bavaria and the President of the United States of America, led by the wisli to regulate the citizenship 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 treat on this subject, and have, for that purpose, appointed Plenipotentiaries to conclude a con- vention, that is to say : His Majesty the King of Bavaria, Dr. Otto, Baron of Volderndorff, Councillor of Ministry ; and the President of the United ^^ ^^.^^^^^ States of America, George Bancroft, Envoy Extraordinary "s""""" and Minister Plenipotentiary ; Who have agreed to and signed the following articles : Abtiolb I. Citizens of Bavaria who have become, or shall become, naturalized citizens of the United States of America, and shall have R„,„irements for resided uninterruptedly within the United States for five ''»""'«^"i°"- years, shall be held by Bavaria to be American citizens, and shall be treated as such. Eeciprocally, 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 or the other country has not for either party the eifect 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 oirmcss committed an action punishable by the laws of his original country, i>'!f''«=«"»i2,atio„. 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 oases, concluded between the United States on the one part, and Bavaria on the other part, the twelfth veS^o'/'isss"?^ day of September, one thousand eight hundred and fifty- three, remains in force without change. remain in force. Article IV. If a Bavarian, naturalized in America, renews his residence in Ba- varia, without the intent to return to America, he shall be Ee„„„ciatioD of held to have renounced his naturalization in the United ""^^'''ii'- States. Eeciprocally, if an American, naturalized in Bavaria, renews 3769 TR 4 50 TEEATIES AND CONVENTIONS. his residence in tlie United States, without the intent to return to Bava- ria, he shall be held to have renounced his naturalization in Bavaria. The intent 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. Akticle V. The present convention shall go into effect immediately on the ex- Duruion of con- chauge of ratiflcatious, and shall continue in force for ten ventio't. years. If neither party shall 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 contracting parties shall have given notice to the other of such intention. Abtiole VI. The present convention shall be ratified by His Majesty the King of Bavaria and by the President, by and with the advice and E»tiflc,tion«. gopggQt of the Senate of the United States, and the ratifica- tions shall be exchanged at Munich within twelve months from the date thereof. In faith whereof the Plenipotentiaries have signed and sealed this convention. Munich, the 26th May, 1868. SEAL. SEAL. GrEOEGE BANCEOFT. De. Otto fhe. von Voldeendoeff. PEOTOOOL. Bom at Munieh the 26th May, 1868. The undersigned met to-day to sign the treaty agreed upon in con- formity with their respective full powers, relating to the citizenship of those persons who emigrate from Bavaria to the United States of Amer- ica, and from the United States of America to Bavaria; on which occa- sion the following observations, more exactly defining and explaining the contents of this treaty, were entered in the following protocol: EELATING TO THE PIEST AETICLE OF THE TEEATT. 1. Inasmuch as the copulative " and" is made use of, it follows, of Ke "'i^^"'!-* 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 wiU 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 orig- inal 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. SEAL.] George Bancroft. SEAL.] ,De1. Otto fhr. von Voldeendorff. BELGIUM. 1845.* TREATY OF COMMERCE AJSiD NAVIGATION. Concluded November 10, 1845; Batifications exchanged at Washington March 30, 1846; Proclaimed March 31, 1846. The United States of America on the one part, and His Majesty the King of the Belgians on the other part, wishing to regulate iii a formal manner their reciprocal relations of commerce and navigation, and farther 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; and 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 Plenipo- tentiai-ies, namely: The President of the United States, Thomas G. Clemson, Charge d'Af- faires of the United States of America to His Majesty the Hegotiators. xiug of tho Belglaus ; and His Majesty the King of the Belgians, M. Adolphe Dechamps, OfBicer of the Order of Leopold, Knight of the Order of the Eed 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 Eepresentants ; 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: Aetiole I. There shall be full and entire freedom of commerce and navigation between the inhabitants of the two countries ; and the same mere? and °u«T°£- siBcurlty and protection whichisenjoyed by thecitizensorsub- jects of each country shall be guaranteed on both sides. The said inhabitants, whether established or temporarily residing within any I)orts, 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, . Ho cuscriramation shall uot pay, clthcr on entering or leaving the ports of the BeS™e88oK°°° United States, whatever may be their destination, any * See notes : "Abrogated, suspended, or obsolete treaties." BELGIUM, 1845. 53 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, countries, districts, townships, corporations or any other divisions or jurisdiction, whatever may be its designation. Article III. Eeciprocally, vessels of the TJnited States, whether coming from a port of said States or from a foreign port, shall not pay, either . . 1 . ,T i. I* -r\ 1 ■ 1 j_ Same subject sVes- on entering or leaving the ports of Belgium, whatever may eei» or the united be their destination, any other or higher duties of ton- nage, pilotage, anchorage, buoys, light-houses, clearance, brokerage or, generally, other charges whatever than are required from Belgian ves- sels 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 be its designation. Aeticle IV. The restitution by Belgium of the duty levied by the Government of the Netherlands on the navigation of the Scheldt, in vir- Kestitution of tue of the third paragraph of the ninth article of the treaty scheutduty. of April nineteenth, eighteen hundred and thirty-nine, is guaranteed to the vessels of the United States. Aktiole 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 tlie payment of du- ^^^Z^t^^. ties of tonnage, anchorage, buoys and light-houses. tie!). Aeticle YI. 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 coastms trade. nation. Aeticle VII. Articles of every description, whether proceeding from the soil, in- dustry or warehouses of Belgium, directly imported there- D^ue, „„ direct from, into the ports of the United States, in Belgian ves- '""'°"'- 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 been 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. 54 TREATIES AND CONVENTIONS. Article VIII. Articles of every description, imported into the United States from Duties on Mirect otLcr countries than Belgium, under the Belgian flag, shall iniport.. pay jjQ 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. Aktiole IX. Articles of every description, exported by Belgian vessels, or by those of the United States of America, from the ports of either Export duties, 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. Aetiole X. All premiums, drawbacks or other favors of like nature, which may be allowed in the States of either of the contracting parties, drawbTk'Bto°bl com- upou goods Importcd 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 XL ' The preceding article is, however, not to apply to the importation Importation of of Salt, aud of thc producc of the national fisheries; each saitaniiish. pf j-^jjg ^^q partlcs rescrviug 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- I'rooft of national- S^^^ vesscls, aud as vessels of the United States, all those ■ty of vessel.. which, bclug provldcd by the competent authority with a passport, sea-letter or any other sufficient document, shall be recog- nized 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 Parts of oar oes ^^^ ^H'^s of thc two countrics, retain on board, in the ports remaJSn/onvesS of both, such parts of thclr cargoes as may be destined for not utiabe. ^ foreign country; aud such parts shall not be subjected, either while they remain on board, or upon re-exportation, 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 Good, while in for thc wharchousiug of goods, no duties, other than those warehouse not duti- pf -ypatch aud storage, shall be levied upon articles brought BELGIUM, 1846. 55 from either country into the other, while awaiting transit, re-exportation or entry for consumption. Such goods shall in no case be subject to higher warehouse charges or to other formalities than 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 „ • M • -i i J.1- Oi J. ?• 1 T VI Most favored nation. favor, privilege or immunity to any other State, which shall not instantly become common to the citizens and 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 equiv- alent 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 re-exportation of similar goods coming from any other foreign country. Article XVI. In cases of shipwreck, damages at sea or forced putting-in, each party shall afford to the vessels of the other, whether belonging to the State or to individuals, the same assistance and protec- shipwrecks. 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 Consuls and Vice-Consuls of the United States in the ports conaui. and vice- of Belgium, and, reciprocally, the Consuls and Vice-Consuls ''°'"°'"- of 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 document, 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 liept 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, unless 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- 56 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- Tra.a,t dut.... ^.^^ territory is effected on the railroads of the State. Aetiolb XIX. The present treaty shall be in force during ten years from the date of Bnration of this thc exchaugc of the ratifications, and until the expiration treaty. „£ twclve mouths after either of the high contracting parties shall have announced to the other its intention to terminate tbe 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. Akticle XX. This treaty shall be ratified and the ratifications shall be exchanged at Washington within the term of six months after its RatificafoM. ^g^^g^ qj. goouer if possible ; 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. SEAL. SEAL. Thos. Gr. Clemson. Dechahps. , 1858.* CONVENTION OF COMMERCE AND NAVIGATION. Concluded July 17, 1858 ; Batifications exchanged at Washington April 16, 1859; Proclaimed 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 fu»- ther to strengthen, through the development of their interests, respect- ively, the bonds of friendship and good understanding so happily estab- liSjhed between the Governments and the people of the two countries ; and desiring with this view to conclude, by common agreement, a treq,ty establishing conditions equally advantageous to the commerce and navi- gation of both States, have to that effect appointed as their Plenipo- tentiaries, namely: The President of the United States, Lewis Cass, Secretary of Stite of the United States ; and His Majesty the King of the Bel- Negofators. gians, Mr. Henri Bosch Spencer, decorated with the Cross of Iron, Chevalier of the Order of Leopold, Chevalier of the Polar Star, his Chai*g6 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 : * See notes: "Ataogated, suspendedj or obsolete treaties." BELGIUM, 1858. * 57 Akticle I. There shall be full and entire freedom of commerce and navigation between the inhabitants of the two countries, and the same p^edom or com- security and protection which is enjoyed by the citizens or ""»=» and navigation. 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 con ntry in which they m ay be ; and the privileges, f„„„ „ be co»,- immunities 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, shall not "pay, either on entering or leaving the ports of the ^^ ai,^ri„i„„io„ United States, whatever may be their destination, any other m dmi™ orSSS 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 juris- diction, whatever may be its designation. Article III. Eeciprocally, vessels of the United States, whether coming from a port of said States or from a foreign port, shall not pay, s,^^,^^,^.^^, either on entering or leaving the ports of Belgium, whatever Bei8""oV°thrDnited may be their destination, any other or higher duties of ton- 'nage, pilotage, anchorage, buoys, light-houses, clearance, brokerage or generally other charges whatever, than are required from Belgian ves- sels 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. Aeticle IV. Steam-vessels of the United States and of Belgium engaged in regu- lar navigation between the United States and Belgium, shall Exemption of be exempt in both countries from the payment of duties of "eS"S. '^'°°' 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. ''°'"''"" '"""' Aetiole VI. "' ," •' Objects of any kind soever introduced into the ports of either of the 58 TEEATIES AND CONVENTIONS. two States under the flag of the other, whatever may be their origii No diacriminntion ^""^ froni what couiitry socver the importation thereof maj in dutoon'TipoMs" havfr bcou made, shall not pay other or higher entrance du ties, nor shall be subjected to other charges or restrictions, thajn they would pay, or be subjected to, were thiey imported under the national flag. Article VII. Articles of every description exported by Belgian vessels, or by those vx rt duties ^^ *^® United States of America, from the ports of either wort ut.e>. (jQQjjtry 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. AU premiums, drawbacks or other favors of like nature, which may draw ^® allowed in the States of either of the contracting parties bao^r'tTbe Mm- upou goods Importcd 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 • importationof salt Salt, and of the produce of the national fisheries ; each of the and fish. ^^^Q 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 Proofs of national- vcsscls, aud as vcssels of the United States, all those which,' ity of vessels. bclug provldfed by the competent authority with a passport, sea-letter, or any other sufficient document, shall be recognized, con- formably 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 dnties on or- ^^^ ^^'^^ ^^ ^^^ ^^^ couutries, rctaiu on board, in tlie ports of m°iEn°°orb'oBl"' ^^^^i such parts of 'their cargoes as may be destined for a foreign country ; aud such parts shall not be subjected, either while they remain on board or upon re-exportation, to any charges what- soever other than those for the prevention of smuggling. Article XII. During the period allowed by the laws of the t\vo countries respectively Good, while in ^°'^ ^^^ warchousiug of goods, no duties, other than those of Tb"^^""'"""' ^°'° ^**<'''^ ^iid storage, shall be levied upon articles brought ftota either countiy into the other while awaiting transit, re-ex- portation, or entry for consumption. Such goods shall in no case be subject to higher warehouse charges or to other formalities than if they had been imported under the flag of the country. BELaiUM, 1858. 59 AKTICLE XIII. In all that relates to duties of customs and navigation, the two high contracting parties promise, reciprocally, not to grant anj- Mo»t ravorea na- favor, privilege or immunity to any other State which shall ''""■ not instantly become common to the citizens and 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 re-exportation than are laid upon the importation or re-exportation of similar goods coming from any other foreign country. Article XIV. In cases of shipwreck, damages at sea or forced putting-in, each party shall afford to the vessels of the other, whether belonging to the State or to individuals, the same assistance and protec- shipwrecks. tion, and the same immunities, which would have been granted to its own vessels in similar cases. Article XV. It is, moreover, agreed between the two contracting parties that the Consuls and Vice-Consuls of the United States in the ports of Belgium, and, reciprocally, the Consuls and Vice-Consuls °°""'^'' of 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 document, 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 Vioe-Consul, be con- fined 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, unless they be natural- ized citizens or subjects of the other country. Article XVI. Articles of all kinds, the transit of which is allowed m Belgium, coming from or going to the United States, shall bo exempt from all transit duty in Belgium, when the transportation through ^"'°"' ''"'''■ the Belgian territory is effected on the railroads of the State. 60 TEEATIES AND CONVENTIONS. Article XVII. The preisent treaty shall be in force during ten years from the date < Duration of t^c exchange of the ratifications, and until the expiraitic treaty. pf twelvo mouths after either of the high contracting pa ties shall have announced to the other its intention to terminate the ope ation thereof; each party reserving to itself the right of making sue 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 < prolongation accorded on both sides, this treaty and all its stipulatior shall cease to be in force. Article XVIII. This treaty shall be ratified, and the ratifications shall be exchange „ „ . at Washington, within the term of nine months after it Ratmcatiom. -, , ^ '.„ ,, , date, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed th present treaty, in duplicate, and have affixed thereto their seals, a Washington, the seventeenth of July, eighteen hundred and fifty-eighl ISEAL.j Lew. Cass. [SEAL.] H. Bosch Spencer. BELGIUM, 1863. CONVENTION RELATIVE TO IMPORT DUTIES AND CAPITALIZATION 0] THE SCHELDT DUES. Concluded May 20, 1863; Ratifications exchanged at Brussels June 24 1864 ; Proclaimed November 18, 1864. The President of the United States of America on the one side, Hii Majesty the King of the Belgians on the other side, having deemed it ad vantageous to complete, by new stipulations the treaty of commerce anc navigation entered into by the United States and Belgium on the 17tl day of July, 1858, have resolved to make a convention in addition to tha arrangement, and have appointed for their Plenipotentiaries, namely: The President of the United States, Henry Shelton Sanford, a citizei Negotiator.. ^^ ^^ Uuitcd Statcs, their Minister Eesident near Hii Majesty the King of the Belgians ; His Majesty the King o: the Belgians, the Sieur Charles Eogier, Grand Officer of the Order o Leopold, decorated with the Iron Gross, Grand Cross of the Order o: the Ernestine Branch of Saxony, of the Polar Star, of St. Maurice anc St. Lazarus, of our Lady of the Conception of Villa Vicosa, of th( Legion of Honor, of the White Eagle, &c., a member of the Chamber a Eepresentatives, 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. Prom and ^fter the day when the capitalization of the duties levied Toonaeo and rort upou navlgatiou lu the Scheldt shall have been secured by s due,, piiotase fee,, general arrangement : 1st. The tonnage dues levied in Belgian ports shall cease. BELGIUM, 1863. 61 2d. Fees for pilotage in Belgian ports and in the Scheldt, in so far as it depends on Belgium, shall be reduced twenty per centum for sailing vessels, twenty-five per centum for vessels in tow, thirty per centum for steam-vessels. 3d. Port dues and other charges levied by the city of Antwerp shall be throughout reduced. Aetiole II. In derogation to the ninth article of the treaty of the 17th of July, 1858, the flag of the United States shall be assimilated to ^^^^ that of Belgium for the transportation of salt. Aeticle III. The tariff of import duties resulting from the treaty of the Isfrof May, 1861, between Belgium and Prance, is extended to goods ^^ ontuti^ imported &om the United States, on the same conditions '°"'°'* °'"°' with which it was extended to Great Britain by the treaty of the twenty- third of July, eighteen hundred and sixty -two. The reduction made by the treaties entered into by Belgium with Switzerland on the eleventh of December, eighteen hundred and sixty- two, with Italy on the ninth of April, eighteen hundred and sixty-three, with the Netherlands on the 12th of May, eighteen hundred and sixty- three, and also with France on the twelfth of May, eighteen hundred and sixty-three, shall be equally applied to goods imported from the United States. It is agreed that Belgium shall also extend to the United States the reductions of import duties which may result from her subsequent treaties with other powers. Aeticle IV. The United States, in view of the proposition made by Belgium to regulate, by a common accord, the capitalization of the capitoiiiauon or Scheldt dues, consents to contribute to this capitalization sthewtdues. under the following conditions : a. The capital sum shall not exceed thirty-six millions of francs. b. Belgium shall assume for its part one-third of that amount. c. The remainder shall be apportioned among the other States, pro rata to their navigation in the Scheldt. d. The proportion of the United States, to be determined in accord- ance with this rule, shall not exceed the sum of two millions seven hundred and seventy-nine thousand two hundred francs. e. The payment of the said proportion shall be made in ten annual installments of equal amount, which shall include the capital and the interest on the portion remaining unpaid at the rate of four per centum. The first installment shall be payable at Brussels, on the first day of April, eighteen hundred and sixty -four, or immediately after the Congress of the United States shall have made the requisite appropriation. In either event, the interest shall commence to run on the date of the first of April, eighteen hundred and sixty -four, above mentioned. The Government of the United States reserves ihe right of anticipat- ing the payment of the proportion of the United States. 62 TREATIES AND CONVENTIONS. The aboTe-mentioiied conditions for the capitalization of the Scheldt dues shall be inserted in a general treaty, to be adopted by a conference of the maritime States interested, and in which the United States shall be represented. Aktiole y. The Articles I. and IV. of the present additional convention shall be Duratioa of this pcrpetual J and the remaining articles shall, together with conveMioi.. ^]jg trcaty of commerce and navigation made, between the high contracting parties on the seventeenth of July, eighteen hundred and fifty-eight, have the same force and duration as the treaties men- tioned in Article III. The ratifications thereof shall be exchanged with the least Ka.i«ca.i„„. p^-ssibie delay. In faith whereof the respective Plenipotentiaries have signed the present convention, and have affixed thereto their seals. Made in duplicate, and signed at Brussels the twentieth day of May, eighteen hundred and sixty-three. SEAL. SEAL. H. S. Sanfoed. Ch. Rogiee. Declaration annexed to the additional convention signed this day between the United States and Belgium : The Plenipotentiary of the United States having required that' the attributions of the Consuls of the United States in Belgium should be- come the object of farther stipulations, and it having been impractica- ble to complete in season the examination of the said stipulations, it is agreed that the Belgian Government will continue that examination with the sincere intent to come to an agreement as early as may be possible. Done at Brussels, in duplicate, the twentieth of May, eighteen hundred and sixty-three. H. S. Sanfoed. Ch. Eogiee. 1863. 4 TREATY FOR THE EXTINGUISHMENT OP THE SCHELDT DUES. Concluded July 20, 1863; Ratifications exchanged at Brussels June 24, ' 1864/ Proclaimed November 18, 1864. The United States of America and His Majesty the King of the Belgians, equally desirous of liberating , forever the navigation of the Scheldt from the dues which encumber it, to assure the reformation of the maritime taxes levied in Belgium, and to facilitate thereby the development of trade and navigation, have resolved to conclude a treaty to complete the convention signed on the 20th of May, 1863, between the United States and Belgium, and have appointed as their Plenipotentiaries, namely: The President of the United States of America, Henry Shelton San- ford, a Qitizen of the United States, their Minister Eesident Kegotrntors. ^^ ^^.^ Majcsty thc King of the Belgians; and His Majesty 1863. 63 the King of the Belgians, Mr. Charles Eogier, Grand Officer of the Order of Leopold, decorated with the Iron Cross, &c., &c., &c., his Minister of Foreign Affau'S ; Who, after having exchanged their full powers, found to be in good and due form, have agreed upon the following articles : Article I. The high contracting parties take note of, and record : 1st. The treaty concluded on the twelfth of May, eighteen hundred and sixty-three, between Belgium and the iiTetherlands, which will remain annexed to the present treajty, and by aJ'S'Sda ^Jt which his Majesty the King of the Netherlands renounces "° ^''■'='''"'""- forever the dues established upon navigation in the Scheldt and its mouths, by the third paragraph of the ninth article of the treaty of the nineteenth of April, eighteen hundred and thirty -nine, and His Majesty the King of the Belgians engages to pay the capital sum of the redemp- tion of those dues, which amount to 17,141,640 florins. 2d. The declaration made in the name of His Majesty the King of the Netherlands on the fifteenth of July, eighteen hundred and Extinguishment sixty-three, to the Plenipotentiaries of the high contracting >pp>'»"°a"«=8» parties, that the extinguishment of the Scheldt dues, consented to by his said Majesty, applies to all flags ; that these dues can never be re-estab- lished under any form whatsoever ; and that this suppression shall not affect in any manner 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. Abtiolb II. His Majesty the King of the Belgians makes, for what concerns him, the same declaration as to that which is mentioned in the Benuneiation by second paragraph of the preceding article. Beisium. 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 re-established, and ioI°^°f^i^T„;:Ti 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 IV. In regard to the proportion of the United States in the capital sum of the extinguishment of the Scheldt dues, and the manner, place and time of the payment thereof, reference is made vS'Sylh" ili^t 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 Ejection of thi. formalities and rules established by the constitutional laws "'"^' of the hi^h contracting parties. 64 TREATIES AND CONVENTIONS. Article VI. It is well understood, that the provisions of Article III. will only b To what Article obllgatory with respect to the State which has taken part ii HI. applies. Qj. tiiose which shall adhere to, the treaty of this day, th King of the Belgians reserving to himself expressly the right to establisl the manner of treatment as to fiscal and customs regulations of vessel belonging to States which shall not be parties to this treaty. Article VII. The present treaty shall be ratified, and the ratification Ratifications. thcreof shall be exchanged at Brussels with the least possi ble delay. In faith whereof the respective Plenipotentiaries have signed the sam( in duplicate, and affixed thereto their seals. Done at Brussels, the twentieth day of July, eighteen hundred am sixty-three. SEAL.] H. S. Sanpokd. SEAL.] CH. EOGIEE. [Translation.] Treaty of May 12, 1863, between Belgium and the ^Netherlands, annexed tt the treaty of July 20, 1863. His Majesty the King of the Belgians and His Majesty the King of th< Netherlands, Grand Duke of Luxemburg, having come to an agreemeni upon the conditions of the redemption, by capitalization, of the duei established upon the navigation of the Scheldt and of its mouths, bj 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 hav< appointed for their Plenipotentiaries : His Majesty the King of the Belgians, M. Aldephonse Alexander Felix, Baron du Jardin, Commander of the Order of Leopold, deco NMofatora. patcd wlth tho Iron Cross, 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 the King of the Nether- lands. His Majesty the King of the Netherlands, M. Paul Van dei Maesen de Sombreft", Chevalier Grand Cross of the Order of the Nichar Iftihar of Tunis, his Minister of Foreign AflEairs; M. Jean Eudolpht 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 following articles : Article I. His Majesty the King of the Netherlands renounces forever, for the itenuciation o f sum of 17,141,640 florins of Holland, the dues levied upor Scheldt dues. ^hc navigatlou of the Scheldt and of its mouths, by virtue ol paragraph three of Article IX. of the treaty of 19th April, 1839; BELGIUM, 1863. 65 Akticle II. This sam shall be paid to the Government of the Ifetherlands by the Belgian Government, at Antwerp, or at Amsterdam, at the p„„„t by Dei- choice of the latter, the franc calculated at 47J cents of the ^'""'• Ifetherlands, 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- pate 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 wne- dues .haii Netherlands. cea«e to be levied. 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 Treaties m for™ bound, in what concerns the Scheldt, by treaties in force. S'zauoT^ ^"'"^ ■ Article V. The pilotage dues now levied on the Scheldt are reduced 20 ijer cent, for sailing vessels, 25 per cent, for towed vessels, and 30 per .,,",' T -^ ' '^ Pilotage dues. cent. lor steam vessels. It is, moreover, agreed that the pilotage dues on the Scheldt can never be higher than the pilotage 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 • l_t^ ' Katifications. possible. Ill faith whereof the Plenipotentiaries above named have signed the same and afSxed their seals. Done at the Hague, the 12th May, 1863. L. L. S. L. S. L. S. Baeon du Jardhi. P. Vau Dee Maesbn de Sombeefb'. Thokbecke. Betz. [Translation.] Protocol of July 15, 1863, annexed to the treaty of July 20, 1863. The undersigned Plenipotentiaries, having come together in conference to determine the general treaty relative to the redemption of the Scheldt dues, and having judged it useful, before drawing up this arrangement in due form, to be enlightened with respect to the treaty concluded the 3769 TR 5 Ge TREATIES AND CONVENTIONS. 12tli of May, 1863, between Belgium 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 M:ajesty 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." [L. S.] BAEOX GEEICICE D'HEEWYNEN. Beubsbls, 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. BAROH GrEKICKK D'HeKWYNEN. [L. S.l BAKON de HUGEL. J. T. do Amaeal. M. Caevallo. p. BiLLE BeAHB. p. CoELLO de Portugal. H. S. Sanford. Malaeet. Howard de Walden et Skafoed. Von HODESTBERG. Cte. de MONTALTO. Man. Yrigoyen. Vtb. de Skisal. Savigny. Oeloff. Adalbert Mansbach. c. musueus. Geffcken. Ch. Edgier. Bk. Lambeemont. L. S. L. S. L. S. L. S. L. S. L. S. L. S. 'L. S.' L. S. L. S. L. S.' L. S. L. S.' L. S.' L. S.' L. S.' L. S.' ii. S. L. S.' 1868. CONVENTION CONCEENING NATURALIZATION. Concluded November 16, 1868; Batifications exchanged at Brussels July 10, 1869; Proclaimed July 30, 1869. The President of the United States of America and His Majesty the King of the Belgians, led by the wish to regulate the citizenship. of those persons who emigrate from the United States of America to Bel- gium, 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 the United States of America, Henry Shelton San- ford, a citizen of the United States, their Minister Eesident Negcnwrs. ^^^^ ^.^ lyjgjgg^y ^jjg g-|jjg ^^ ^^^ Bclglaus; and His Maj- BELGIUM, 1868. 67 esty the King of the Belgians, the Sieur Jules Vander Sticheleiij Grand Cross of the Order of the Dutch Lion, &c., &c., &e., 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 wiU be considered by the United States as citi- whe- natives of zens of Belgium. Eeciprocally, Belgians who may or who ?re°af°d™8d?'2°eSof shall have been naturalized in the United States will be '"" ""'"■ 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- Liability for demeanors committed before naturalization, saving to them mSbfe nSS: such limitations as are established by the laws of their '^'''«'<>"- 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 ziTIn^ "rieSai States, according to the laws of the United States. Eecip- '™°"^' 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 sifter the exchange of ratifications, and shall remain in force for Dar.tion of con. ten years. If, at the expiration of that period, neither of """""■ the contracting parties shall have given notice six months, in advance of its intention to terminate the same, it shall continue iu force until' the end of twelve months after 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 68 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 sooner 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. SEAL. SEAL. H. S. Sanfokd. JtTLES VANDBB STICHELEN. 1868.* CONVENTION CONCERNING THE EIGHTS, PRIVILEGES AND IMMUNITIES OF CONSULS. Concluded December 5, 1868 ; Ratifications exchanged at Brussels 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 Eesident N«ot,.tor,. near His Majesty the King of the Belgians ; and His Majesty 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 : Aetiole I. Each of the high contracting parties agrees to receive from the other, Liberty to appoint CousulsGeneral, Consuls, Vice-Consuls and Consular Consuls 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 forms established in their respective countries, shall be Eieauator. fumishcd 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 of the State by which they are appointed, Exemption from shall bc cxcmpt from arrest, except in the case of offences .rreet. wWch thc local Icgislatiou qualifies as crimes, and punishes * See Notes: "Abrogated, suspended, or ofeolete treaties." BELGIUM, 1868. 69 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. Aetiole IV. No consular ofllcer who is a citizen of the State by which he was ap- pointed, and who is not engaged in business, shall be com- Evidence ofcoMui. 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 ofiGLce. 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. Aktiole V. Consuls-General, Consuls, Vice-Consuls and Consular Agents may place over the outer door of their offices, or their dwelling- ^ _^^ ^^ ^^ ^ houses, the arms of their nation, with this inscription, ^™'"'° ""■ "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 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- 1 11 J.1 • • XI Consular archives. them. In no case shall they examine or seize the papers there deposited. In no case shall those offices or dwellings be used as places of asylum. When, however, a consular 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-Oonsuls and Consular Agents, their chancel- Rig^t, or Actins lors or secretaries, whose official character may have pre- ''°"'"''- 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. 70 TREATIES AND CONVENTIONS. Akticle vin. Consuls-General and Consuls may, with the approbation of their respect- ive Governments, appoint Vice-ConsulsandConsular Agents Consul? all ^on- in the cities, 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. Aetiole IX. Consuls-General, Consuls, Vice-Consuls and Consular Agents may Application by Con- complaiu to the authoritles of the respective , countries, aUthoriS""""'"' whether federal or local, judicial or local, judicial or exec- utive, 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 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. Petiole X, Consuls-General, Consuls, Vice-Consnls and Consular Agents may RieM of Consulate, take at their offices, at the residence of the parties, at their talis decoaitiooe. privatc residcuce, 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, conformably 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. Akticle XI. Consuls-General, Consuls, "Vice-Consuls and Consular Agents shall Rieita of coaauia havo cxclusive charge of the internal order of the merchant Thaat'JIas'eiaou'hefr' vcssels of thclr uatlou, and shall alone take cognizance of nation. differences which may arise, either at sea or in port, between the captains, officers and crews, without exception, particularly in reference to the adjustment of wages and the execution of contract. IJTeither the federal, state or municipal authorities or courts in the United States, nor any court or authority in Belgium shall, on any pre- text, interfere in these differences. Aeticle XII; The respective Consuls-General, Consuls, Vice-Consuls and Consular De.artera Agcflts may aTrcst the officers, sailors and all other persons making part of the crew of ships of war or merchant vessels BELGIUM, 1868. 71 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 oflicial 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 county 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. Aeticle XIII. In the absence of an agreement to the contrary between the owners, freighters and insurers, all damages suffered at sea by the ves- Bamages sua-eted sels of the two countries, whether they enter port voluntarily " "" "' '=='^'»- or are forced by stress of weather, shall be settled by the Consuls Gen- eral, 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 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 Vice-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 customhouse charges, unless it be intended for consump- tion in the country where the wreck may have taken place. Abtiole 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 consuls to be noti. having any known heirs or testamentary executor by him L'nsfrS'nJfi™: 72 TREATIES AND CONVENTIONS. appointed, the competent local autliorities sball 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 Duratian of con- yGars, couuting from the day of the exchange of the ratifi- veuto.'"" ° cations, whicli shall be made in conformity with (he 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 . ^^^ ^^ ^j^^ State or to individuals, the same assistance and protection and the same immunities which would have been granted to its own vessels in similar cases. BELGIUM, |1875. 79 Article 'XIV. Articles of all kinds, the transit of which is allowed in the United States, coming from or going to Belgium, shall be exempt from all transit duty in the United States. rreettanB.t. Eeciprocally, articles of all kinds, the transit of which is allowed in Belgium, coming from or going to the United States, shall be exempt from all transit duty in Belgium. Such transit, whether in the United States or in Belgium, shall be subject, however, to such lim- itations as to the points between which the transit may be made, and to such regulations for the protection of the revenue and the prevention of withdrawal of the articles for consumption or use within the country through which the transit is made, as are or may be prescribed by or under the authority of the laws of the countries respectively. Akticle XV. The high contracting parties, desiring to secure complete and efiftcient protection to the manufacturing industry of their respective citizens,' agree that any counterfeiting in one of the two countries of the trade marks af&xed in the other on merchandise, to show ^^ °"°'" ° its origin and quality, shall be strictly prohibited, and shall give ground for an acti * i i •» extradited for poiiti- With such a crimc or offence. A person who has been sur- cai ofTencea. reudcred ou accouut of one of the common crimes or offences mentioned in Article II., shall consequently in no case be prosecuted and punished in the state to which his extradition has been granted on BELGIUM, 1882. 87 account of a political crime or offence committed by him previously to his extradition or on account of an act connected with such a political crime or offence, unless he has been at liberty to leave the country for one month after having been tried and, in case of condemnation, for one month after having suffered his punishment or having been pardoned. An attempt against the life of the head of a foreign government, or against that of any member of his family when such attempt comprises the act either of murder or assassination, or of EiceptioM. poisoning, shall not be considered a political offence or an act connected with such an offence. Article V. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this con- Neither nation w ■r^pTi ■f 1 rtfi deliver its citizens. Article VI. If the person whose surrender may be claimed pursuant to the stipu- lations of the present treaty shall have been arrested for the offei.ce»mco»nti7 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 VII. Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the contracting par- ties, or, in the event of the absence of these from the conn- emliSi'iVmldl^i try or its seat of government, they may be made by superior '"°""'"'"- consular officers. If the person whose extradition may be asked for shall have been con- victed of a crime or offence, a copy of the sentence of the court in which he may have been convicted, authenticated under its seal, and attesta- tion of the ofilcial character of the judge by the proper executive authority, and of the latter by the minister or consul of the United States or of Belgium, 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, and of the depositions upon which such warrant may have been issued, must accompany the requisition as aforesaid. The President of the United States, or the proper executive authority in Belgium, may then issue a warrant for the apprehension of the fugi- tive, in order that he may be brought before the proper judicial authority for examination. If it should then be decided that, according to the law and the evidence, the extradition is due pursuant to the treaty, the fugitive may be given up according to the forms prescribed in such cases. Article vni. The expenses of the arrest, detention and transportation of the per- 3ns claimed shall be paid by tb ■^ " — ^ the Requisition has been made. sons claimed shall be paid by the government in whose name At . • ><• 1 1 1- Ezpeoses. 88 TREATIES AND CONVENTIONS. AETIOLE IX. Extradition shall not be granted, in pursuance of the provisions of Exemption from tWs couvention, if legal proceedings or the enforcement of SwfSr itait- the penalty for the act committed by the person claimed, ''°'' has become barred by limitation, according to the laws of the country to which the requisition is addressed. Article X; All articles found in the possession of the accused party and obtained Article, .eized through thc commissiou of the act with which he is charged, with accused. Qp ^jjat may be used as evidence of the crimefor which his extradition is demanded, shall be seized if the competent authority shall so order, and shall be surrendered with his person. The rights of third parties to the articles so found shall nevertheless be respected. Article XI. Durafor. of con- Thc prescnt convention shall take effect thirty days after veotion. ^jjg exchange of ratifications. After it shall have taken effect, the convention of March 19, 1874, shall cease to be in force and shall be superseded by the present convention which shall continue to have binding force for six months after a desire for its termination shall have been expressed in due form by one of the two governments to the other. It shall be ratified and its ratifications shall be exchanged Biiiifications. g^t Washlugton as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the above articles, both in, the English and French languages, and they have thereunto affixed their seals. Done in duplicate, at the city of Washington, this thirteenth day of June, 1882. SEAL.J FKBDK. T. PrELINGHUTSEN. SEAL.] Thre. de Bounder de Melsbroeck. 1884. CONVENTION CONCERNING TRADE-MARKS. Concluded April 7, 1884; Ratifications exchanged at Washingtion July 7, 1884; Froclaimed July 9, 188i. The President of the United States of America and His Majesty tt^e , King of the Belgians, being desirous of securing reciprocal protection for the trade-marks and trade-labels of their respective citizens or sub- jects within the dominions or territories of the other country, have resolved to conclude a Convention for that purpose, and have appointed as their plenipotentiaries: The President of the United Negotiatore. gtatcs, Frcderick T. Frelinghuysen, Secretary of Statei of the United States; and His Majesty the King of the Belgians, Theodore de Bounder de Melsbroeck, Commander of His Order of Leopold, His Majesty's Envoy Extraordinary and Minister Plenipotentiary in the BELGIUM, 1884. 89 United States; who, after reciprocal communication of their full powers, found in good and due form, have agreed upon the following articles, to wit: Article I. Citizens of the United States in Belgium and Belgian citizens in the United States of America shall enjoy, as regards trademarks and trade-labels, the same protection as native citizens, without prejudice to any privilege or advantage that is or may hereafter be granted to the citizens of the most favored nation. Article II. In order to secure to their marl^ the protection provided for by the foregoing article, the citizens of each one of the contracting parties shall be required to fuM the law and regulations of the other. Article III. The present arrangement shall take effect, on the day of its official publication, and shall remain in force until the expiration of !,„„,;„„ „r ,.„„. the twelve months following the notice, given by either of ""'°°- the contracting parties, of its desire for the cessation of its effects. The ratifications of this Convention shall be exchanged at Washing- ton as soon as possible within one year from this date. RatificatnM. In testimony whereof the respective Plenipotentiaries have signed this Convention in duplicate, in the English and French languages, and affixed thereto the seals of their arms. Done at Washington the seventh day of April, in the year of our Lord, one thousand eight hundred and eighty -four. seal. SEAL. Fredk. T. Frelinghutsen. Thre. de Bounder de Melsbroeck. BOLIVIA. 1858. TEEATY OF PEACE, FEIENDSHIP, COMMERCE AND NAVIGATION. Concluded May 13, 1858; Ratifications exchanged at La Paz November 9, 1862; Proclaimed January 8, 1863. The United States of America and the Eepublic of Bolivia, desiring to make lasting and firm the friendship and good understanding 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 of friend- ship, 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- Negofatow. ^^^ ^^ ^j^^ ^^^^ Statcs, snd their Minister Eesident 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 : Akticle I. There shall be a perfect, firm and inviolable peace and sincere friend- Deciaration of sWp bctwceu the Uultcd States of America and the Eepub- """y- 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. K either party shall hereafter grant to any other nation, its citizens Most favored na- o^ subjects, auy particular favor in navigation or commerce, "°°- 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 and trade granted by one of the contracting parties to any other nation, extends Articio'iL"™ °' ^^d 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 con- cessiona which the Government may authorize for navigating fluvial streams which do not present ohstructions ; that is to say, those whose navigation may be naturally plain and current withoiit there having been need to obtain it by the employment * Amendment by the Senate accepted by Bolivia. 90 BOLIVIA, 1858. 91 of labor aud capital; that by consequence there remains reserved the right of the Bolivian Government to grant privileges to any association or company, as ■vcell foreign as national, which should undertake the navigation of those rivers from which, in order to succeed, there are difficulties to be overcome, such as the clearing out of rapids, &c., &c.] Article III. The United States of America and tbe Eepublic of Bolivia mutually agree that there shall be reciprocal liberty of commerce and *'.,.,. j_i . J,. j_ -^ - T -J.. Freedom of com- navigation between their respective territories and citizens, merce and MVi,a. 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 no d.scrimm»tinn other or higher taxes or imposts than those which are or '""""="• may be paid by native citizens. Ho examination or inspec- E>!aminauon of 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- °'''"""'"''"'°' 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 iiigh 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 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 outward. 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 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, nor 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. Article IV. All kinds of produce, manufactures or merchandise of any foreign country which can, from time to time, be lawfully imported into the United States in their own vessels, may be also imported in vessels 92 TREATIES AND CONVENTIONS. Ko discrimraaiion of thc Ecpubllc of Bollvia ; and no higher or other duties in tonnaee duties, upon thc tonnago 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 manner all kinds of pro- duce, 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 Amazoij 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 country or of the other. And they agree that what may be lawfully exported or re-exported from the one country in its own vessels, to any foreign country, may, in like man- ner, be 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-exportations 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 tbe 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. Por the better understanding of the preceding article, and taking into Proof of natiot. ^onsideration the actual state of the commercial marine of aiu "of Bolivian™- thc Eepubllc of Bollvla, 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. Aetiole VI. Ko higher or other duties shall be imposed on the importation into the No diBcrimination ^^^it^*! Statcs of auy articlcs, thc produce or manufactures of in dutisBo™m?oy2 thc Ecpublic of Bolivia, and no higher or other duties shall an ejporu. ^^ Imposcd ou thc importatlou 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. Article VII. It is likewise agreed that it shaU be wholly free for all merchants. Treatment of citi- commaudcrs of ships, and other citizens of either country, sSiueHe? *'' manage themselves their own business, in all the ports and places subject to the jurisdiction of the other, a;S well BOLIVIA, 1858. 93 with respect to the consigmnent 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 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 the steam-vessels, aqd 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. Aeticle 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 nau™ feekin,rS n j_i 1 _ i n It ' • i_ r» • i_ Inpofts 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 J 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. When any vessel belonging to the citizens of either of the contracting parties shall be wrecked, or shall suffer any damages in vessels wrecked the seas, rivers or channels, within the dominions of the ''"'»">»8"''- 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. Article XI. All the ships, merchandise, and the effects belonging to the citizens of one of the contracting parties, which may be captured by captures by pi. 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, 94 TREATIES -AND CONVENTIONS. they proving, in due form, their rights before the competent tribunals; it being well understood that the claim should be m9,de 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 dispose of their personal goods within the j urisdiction of the Property of alien.. ^^^^^^ ^y g^jg^ douatiou, testamcnt 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, 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 ac- count 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 imposed by the laws of the country. Article XIII. « Both the contracting parties promise and engage, formally, to give Privileges of citi- thclr spcclal protcctlou to the persons and property of the in1er°rito°iSr° oT'JhS citizcns of cach other, of all occupations, who maybe in the other. 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 examinations and evi- dence which may be exhibited on the said trials, ill the manner estab- lished by the laws of the country. If the citizens of one of the contract- ing parties, in the territory of the other, engage in internal political questions, they shall be subject to the same measures of punishment and precaution as the citizens of the country where they reside. Article XIV. The citizens of the two contracting parties shall enjoy the full liberty KeiiioMfreedoii. ^^ consclence in the countries subject to the jurisdiction of Kehgioa. reedon.. ^j^^ ^^^ ^^ ^j^^ othcr, wlthout bclug dlsturbcd or molested on account of their religious opinions, provided they respect the laws and established customs of the count?y. 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, Freedom of navi- Eiud of the Ecpubllc of BoHvla, to sail with their ships, gntion. y^i^]^ jju manner of liberty and security, no distinction being BOLIVIA, 1858. 95 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. Aeticle XVI. The two high contracting parties recognize as permanent and immut- able the following principles, to wit : k„, ,,;„,, ^e, 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 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, unless the same be cpntraband 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 oflBlcers 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. Aktxole XVII. This liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only which are distinguished contraband « 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 granades, -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. Aeticle XVIII. All other merchandises and things not comprehended in the articles of contraband explicitly enumerated and classified as above, commerce permit- shall be held and considered as free, and subjects of free Sdei'^orcoL?- 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 be- sieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral. 96 TREATIES AND CONVENTIONS. Aeticle XIX. The articles of coutraband before enumerated and classified which may Netrd T=B»ei.not 1*6 fouud in a vessel bound to an enemy's port shall be sub- "SfHSJ^'tccZ ject to detention and confiscation, leaving free the rest of irab»nj articiea. |;jjg (jargo aud the shlp, 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 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, as well as 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 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 ijart of her cargo, if not contraband, be. confiscated, unless, after warning of such blockade or investment- from any oflcer 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. ZSTor 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; uor, if found therein after the reduction and surrender, shall su ch vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. Akticlb XXI. In order to prevent all kinds of disorder in the visiting and examina- vi,itatio» and tlou of thc sMps aud cargocs of both the contracting parties •earch. qjj ^jjg jijgjj geas, thcy mutually agree that whenever a vessel of T^ar 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 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 private armed SurifforV°nf'™/°' "^^ss^^s shall, beiore receiving their commissions, give suin- cient security to answer for all the damages they may com- mit ; and it is expiessly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of ex- hibiting his papers, or for any other purpose whatever. Akticle XXII. To avoid all kind of vexation and abuse in the examination of the Proof of national- papcrs rclatiug to the ownership of the vessels belonging to ityofvoBaeis. ^jjg gitizcns of tho two contracting parties, they agree that. BOLIVIA, 1858. 97 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 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 certificates ^ to , 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 ve'ssels 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. Akticle xxin. It is further agreed that the stipulations above expressed, relative to the visiting and examination of vessels, shaU apply only to vessel, under con- those which sail without convoy ; and when said vessels vSit»°i°o»«nS'<£ 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. Akticle 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 Adiodie»tion of shall alone take cognizance of them; and whenever such ^"^'^''""■ 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 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 XXV, Ko citizen of the Eepnblic of Bolivia shall take any commission or let- ters of marque for arming any ship or ships to act as priva- Letter. or maran. teers against the said United States, or any of them, or SMM^^'of^eSiir against the citizens, people or inhabitants of the said United °™MaiD°BUh"S 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 Ee- public of Bolivia^ or any of them, or the property of any of them, from any Prince or State with which the said Eepnblic 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 lawsj 3769 TE 7 98 TREATIES AND CONVENTIONS. Article XXVI. In accordance with fixed principles of international law, Bolivia re- gards the rivers Amazon and La Plata, with their tributa- tiieAma'oraJid'Ln rics, as Wghways 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 may be sanctioned, by the national authorities df Bolivia, not in- consistent with the stipulations thereof. Article XXVII. The owners or commanders of vessels of the United States enter- ing the Bolivian tributaries of the Amazon or La Plata tribMS°"5f the shall have the right to put up or construct, in whole or in Amazonor La Plata. , i -, i t T i i ■ • x- j j_ part, vessels adapted to shoal-river navigation, and to transfer their cargoes to them without the payment of additional du- ties ; and they shall not pay duties of anytdescription 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, Bolivian porta on upou thc Said Boliviau- tributaries of the Amazon or La sut;h tributaries opan -r-k-. iini • t t • !/•■ to foreign commerce. Plata, shall bc considcrcd as ports open to foreign com- merce, and subject to the provisions of this treaty, under such regu- lations as the Government may deem necessarj' 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, berug effects of the country or foreign, at any one of said ports, notwithstanding the provisions of Article III. Article XXVIII. If, by any fatality, (which cannot be ex,pected, and which God forbid,-) Treatment of citi- the two coutractiug partlcs should be engaged in a war with 'nVrit?^ oT'JhS each other, they agree, now for then, that there shall be al- other in timeof war. lowcd tho tcrm of slx ffiouths to thc 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 sufQcient protection until they arrive at the desig- nated port. The citizens of all other occupations, who may be estab- lished in the territories of the United States and the Eepublic of Bolivia, shall be respected and maintained in the full enjoyment of their per- sonal liberty and property, unless their particular conduct shall ca&se them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. Article XXIX. Neither the debts due from the individuals of one nation to the indi- juebts and aecnri- "^^uals of the othcr, uor shares, nor moneys which they tiesjot wLeSi; may have in the public funds, nor in public or private banks, ""° ' shall ever, in any event of war or of national difference, be sequestered or confiscated. BOLIVIA, 1S58, 99 Article XXX. Both the contracting parties, being desirous of avoiding all inequality in relation to their public communications and official inter- ji^,, r„„rea „,. course, agree to grant to the 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, immnnities or privileges the United States of America .or the Eepublic 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. Aeticle XXXI. To make effectual the protection which the United States and the Ee- public of Bolivia shall afford in future to the navigation Liberty to appoht and commerce of the citizens of each other, they agree to ''°°"""- receive and admit Consuls and YiceConsuls in all the ports open to for- eign commerce, who shall enjoy in them all the rights, prerogatives and immunities of the Consuls and ViceConsuls 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. AETICLE XXXII. In order that the Consuls and Vice-Oonsuls of the two contracting parties may enjoy the rights, immunities and prerogatives ^^^ ^^^^^^ which belong to them by their public character, they shall, '^'■"•t'""- 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- trict in which they reside. Aeticle XXXIII. It is also agreed that the Consuls, and ofiQcers and persons attached to the consulate, they not being citizens of the country in p,;,neges or con- which the Consul resides, shall be exempted from aU kinds '"'"■ 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 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 c^serters. their country ; and for that purpose they shall address themselves to the courts, judges and officers competent, and shall demand t^e 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 BOLIVIA, . 1858. 101 be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by Hatiaoauoni the President of the Eepiiblic of Bolivia, with the appro- "°" °°"°°'' bation of the National Congress; and the ratifications shall be ex- changed 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 Boliva, have signed and sealed these presents. Done in La Paz, on the thirteenth day of May, in the year of our Lord one thousand eight hundred and fifty-eight. [seal. [SEAL. John W. Dana. Lttoas M. de la Tapia. BORNEO. 1850. TREATY OP PEACE, FEIENDSHIP, COMMEECE AND NAVIGATION. Concluded June 23, 1850; Ratifications exchanged at Bruni July 11, 1853 Proclaimed July 12, 1854. His Higihness Omar Ali Saifeddin ebn Marhoum Sultan Mahome( Jamalel Alam and Pangiran Anak Mnmin, to whom belong the govern ment of the country of Bruni and all its provinces and dependencies, fo themselves and their descendants on the one part, and the United State of America on the other, have agreed to cement the friendship which ha long and happily existed between them, by a Convention, containing thi following articles : Article I. Peace, friendship and good understanding shall from henceforwan Declaration of ^^^ forevcr subslst between the United States of Americi amity. g.^^ 2is Hlghuess 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 Libertyofcommerce. gjjj^jj^jgg through all parts of thc domluions of His Highness the Sultan of Borneo, and they shall enjoy therein all the privileges anc advantages, with respect to commerce or otherwise, which are no\\ or which may hereafter be granted to the citizens or subjects of th( most favored nation ; and the subjects of His Highness, the Sultan o: Borneo, shall, in like manner, be at liberty to enter into, reside In, trade with, and pass through with their merchandise through all parts of tht United States of America as freely as the citizens and subjects of th« most favored nation; and they shall enjoy in the United States o: America all the privileges and advantages, with respect to commerce or otherwise, which are now or which may hereafter be granted thereii to the citizens or subjects of the most favored nation. Article III. Citizens of the United States shall be permitted to purchase, rent oi Protection to citi- occupy, Or lu any other legal way to acquire, all kinds oi S'r "propeny "n propcrty wlthlu the dominions of His Highness the Sultar Borneo. of Bomco ; an4 His Highness engages that such citizens oi the United States of America shall, as far as lies in his power, within his 102 BOENEO, 1850. 103 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. Aeticle IV. No 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 regg^rd to such tiade. Article V. No duty exceeding one dollar per registered ton shall be levied on American vessels entering the ports of His Highness the Tonnaee diti=B on Sultan of Borneo ; and this fixed duty of one dollar per ton, "'»»'"»»"i'»us- 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. Akticles 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, ships or «-nr or the rivers and creeks situate within his dominions, and to allow ^;,J,- p^oT^'ofEor" 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 the 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 ship«.recta. recover for and deliver over to the owners thereof all the property that can be saved from such vessels. His Highness further engages to extend to the oflBcers 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- r\^S"f^MT[Tv. son so accused shall be exclusively tried and adjudged by AnSrS' 'd"S the American Consul, or other ofiQcer duly appointed for '""°°"='°'"'- that purpose ; and in all cases where disputes or differences may arise between American citizens, or between American citizens and the sub- 104 TREATIES AND CONVENTIONS. jects 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 ofi&cer, 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, during or after the litigation. This treaty shall be ratified, and the ratifications thereof shall be ex- Ratification,, 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- the year of the Hegira one thousand two hun dred and sixty-six. [SBAi.] Joseph Balbstibe, [seal.] Omae Ali Satpbddin. BEAZIL. 1828.* ■ TEEATY OP FEIENDSHIP, COMMERCE AND NAVIGATION. Concluded December 12, 1828; Ratifications exchanged at Washington March 18, 1829; Proclaimed March 18, 1829. 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 Council, 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 : Aeticle I. There shall be a perfect, firm and inviolable peace and friendship between the United States of America and their citizens and Declaration oi His Imperial Majesty, his successors and subjects, through- "^"■ out their possessions and territories respectively, without distinction of persons or places. Aeticle II. The United States of America and His Majesty the Emperor of Brazil, desiring to live in peace and harmony with all the „„,t favored other nations of the earth, by means of a policy frank and °'"''°- equaUy 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 * See Notes: "Abrogated, suspended or obsolete treaties." 105 106 TREATIES AND CONVENTIONS. 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. Article III. The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries merce* IZ °nav°e": Qu thc liberal basis of perfect equaUty 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 inerchandise; 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 coMtms trade, country, the regulation of which is reserved by the parties respectively, according to their own separate lar^s. Article IV. They likewise agree that whatever kind of produce, manufactures or No disorimimtion merchaudisc of any foreign country can be from time to a tonnage duties, timc lawfuUy importcd into the United States, in their own vessels, may be also imported in vessels of Brazil; and that no higher or other duties upon the tonnage of the vessel and her cargo shaU be levied and collected, whether the importation be made in the vessels of the one country or 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 Empire of Brazil, 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 im- portation be made in vessels of the one country or of the other. And they 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 drawbacks shall be allowed and collected, whether such exportation or reexportation be prooc of nation ^^^^ ^^ vcsscls of thc Uulted Statcs or of the Empire of aiity°Vf VSmn BrazIl. The Government of the United States, however, con- sidering the present state of the navigation of Brazil, agrees that a vessel shall be considered as Brazilian when the proprietor and captain are subjects of Brazil and the papers are in legal form. Article .V. No higher or other duties shall be imposed on the importation into No diaorimination ^^^ Uultcd Statcs of auy artlclcs the produce or mianufac- in d°tie'l°o™e?por°t° turcs of the Emplrc of Brazil, and no higher or other duties and imports. gjiall bo Imposcd on the importation into the Empire of Brazil 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 ex- BRAZIL, 1828. 107 ■'■) portation of any articles to the United States, or to the Empire of Brazil, respectively, than such as are payable on the exportation of the like article to any other foreign country ; nor shall any prohibition be imposed on the exportation or importation of any articles, the produce or manufac- ures of the United States, or of the Empire of Brazil, to or from the territories of the United States, or to or from the territories of the Empire of Brazil, which shall not equally extend to all other nations. Akticle VI. It is likewise agreed that it shall be wholly free for all merchants, commanders of ships and other citizens or subjects of both j, . .^^ ^^ ^^ ^^._ countries, to manage themselves their own business, in all dent'lSVin bSel- 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, un- loading and sending off their ships; they being in aU these cases to be treated as citizens or subjects 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. Aeticle VII. The citizens and subjects of neither of the contracting parties shall be liable to any embargo, nor be detained with their ves- 1 tT /v l f -Ti Indemnity for ves- sels, cargoes or merchandise or effects, for any military seu an • 1 t ^ jected to embargo. expedition, nor for any public or private purpose what- ever, without allowing to those interested a sufScient indemnification. Article VIII. Whenever the citizens or subjects of either of the contracting parties shaU be forced to seek refuge or asylum in the rivers, bays, A„.„m granted to ports or dotninions of the other, with their vessels, whether """=' '" """"""■ of merchant 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, 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 or subjects of one of the contracting parties, which may be p„pertr captured captured by pirates, whether within the limits of its juris- ''">''»«='• diction, or on the high seas, and may be carried or found in the rivers, roads, ports, bays 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 their respective Governments. Article X. When any vessel belonging to the citizens or subjects of either of the contracting parties shall be wrecked, foundered, or shall suffer any damage on the coasts or within the dominions sh.pwrecks. 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 108 TREATIES -AND CONVENTIONS. the nation where the damage happens, permitting them to unloaa the said vessel, if necessary, of its merchandise and effects, without exact- ing for it any duty, impost or contribution whatever, until they may be exported, unless they be destined for consumption. AKTICLE XI. The citizens or subjects of each of the contracting parties shall have Property of re.!- powcr to dlspose of their personal goods within the juris- dent aliens. dictiou of tho othcr, by sale, donation, testament or Dther- wise; and their representatives, being citizens or subjects of the other party, shall succeed to the said personal goods, whether by testament, or ab intestatOj and they may take possession thereof, either by 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 withdraw the proceeds without mo- lestation, nor any other charges than those which are imposed by the laws of the country. , ' Akticlb XII. Both the contracting parties promise and engage formally to give Special protection thcir spcclal protcction to the persons and property of the ^wStize^of one citizcns aud subjects of each other, of all occupations, who l'he'°3i'e°r.'°""°''° may be in their 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 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 Xin. It is likewise agreed that the most perfect and entire security of con- Reii Ions freedom. ^^1®°*'® ^^^^^ ^® cujoyed by thc citizcus "or subjects of both "°'" '°° ""^ the contracting parties, in the countries subject to the juris- 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. Akticle XIV. It shall be lawful for the citizens and subjects of the United States of Free .hip., free Amcrica aud of the Empire of Brazil, to sail with their g^d.. ships, with all manner of liberty and security, no distinc- tiop 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 BRAZIL, 1828. 109 Bhall 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 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 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 extended to persons who are on board a free ship, with this p„, .i,;,,, [,^ 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, Thiapriocipietobe however, and it is hereby agreed, that the stipulations in this ;s^"r»°hoXowT article contained, declaring that the flag shall cover the °^"'"- property, shall be understood as applying to those powers only who rec- ognize 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. Akticle XV. It is likewise agreed that, in the c^e 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 «o??rSSc°t t^tS^ 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. Aeiicle XVI. 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, pikes, swords, sabres, lances, spears, hal- berds 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 a 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 formed expressly to make war by sea or land. 110 TEEATIES AND CONVENTIONS. AETICLE XVII, All other merchandise and things not comprehended in the articles Privilege of »e>i. of Contraband, cxprBSsly cnumeratcd and classifled ag abovc, l';,em5°m"Sda"n?t sfaall bo held and considered as free and subgects of free contraband. g^j^^ lawful commercc, so that they may be carried and trans- 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 partic- ular, it is declared that those places are only besieged or Blockade. blockaded which are actually attacked by a force capable of preventing the entry of the neutral. Akticle XVIII. The articles of contraband, before enumerated and classified, which Free ships and may bc fouud in a vessel bound for an enemy's port, shall fShSdaffe^dri've^; be subject to detention and confiscation, leaving free the of^contraband arti- ^^^^ ^^ ^^^ cargo aud thc 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 tjie master, captain, or supercargo of said vessels will deliver up the articles of contraband to the captor, unless the quan- tity of siich 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. Aktic1.e XIX. And whereas it frequently happens that vessels sail for a port or a place belonging to an enemy, without knowing that the same Notice of blockade. ^^ besicgcd, blockadcd, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place, but shall not be detained, ndt 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 Free egress for port Or placc sho shall think proper. Nor shall any vessel of porw "^ev'ous' tS either that may have entered into such port before the same deciarationo bloc ^^s actually bcsiegcd, Wockaded Or iuvcstcd by the othcr, bo 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, biSlithey 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 shjall be subject to being warned by the blockading forces to return to the port blockaded and discharge the said cargo, and if after receiv- ing 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. Aeticle XX. In order to prevent all kinds of disorder in the visiting and examina- vi.itation and tlou of thc sWps aud cargocs of both the contracting parties search. qq ^]^q jjjgjj gga,s, they have agreed mutually, that whenever a vessel of war, public or private, shall meet with a neutral of the BRAZIL, 1828. Ill 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 sufQcient security to answer for all the damages they may commit; and it is expressly agreed that the neutral party shali 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 p™or.of™tionni- to the citizens and subjects of the two contracting parties, "j^ "'"="«'"• they have agreed and do agree, that in case one of them shall be en- gaged 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 w.hether 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 the visiting and examining of vessels, shall apply only to those _, . , -t •^^ J. it' -j > 1 1 n 1. VcsaelB under con- which sail without convoy; and when said vessel shall be -vw mt Buwect to 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 may be y,-,,,^ ^„„^ (,niy conducted, shall alone take cognizance of them. And when- °°^Sce S pS" ever such tribunal, of either party, shall pronounce judg- ='""='• ment against any vessel, or goods, or property claimed by the citizens or subjects 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 proceed- 112 TREATIES AND CONVENTIONS. ings in the case, shalj, if demanded, be delivered to the commander or agent of said vessel, without any delay, he paying the legal fees for the same. Akticle XXIV. Whenever one of the contracting parties shall be engaged in war with another State, no citizen or subject of the other contracting Letters of maraue. pg^j,^y. gjj^^ acccpt & commisslou OP lettcr of marque for the 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. Aeticle XXV. If, by any fatality, which cannot be expected, and which God forbid. Treatment of citi- t^B two coutractiug paxties should be engaged in a war with JhrtSrrSroPthS each other, they have agreed, and do agree, now for then,. other fa timeof war. ^jj^t there shall bc 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 busi- ness 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 protectidn, which, in consideration of humanity, the contracting parties engage to give them. Article XXVI. H'either the debts due from the individuals of the one nation to the individuals of the other, nor shares nor money which they Debts and eecun* t . t i- jt i • ii- 'jii^ ties >ot subject to may have m public funds nor m public or private banks, confiBcation. i it ■ j. j? j.' i fj*o i_ 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 Most favored na- ^^ Telatlou to thclr pubUc communications and official inter- corded'To'Tubu; course, have agreed and do agree, to grant; to their Envoys, ministers. Mliiisters, Bud other public Agents, the same favors, im- munities 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 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 con- tracting parties. Article XXVIII. To make more effectual the protection which the United States and Consuls *^® Empire of Brazil shall afford in future to the navigation °°° ■ and commerce of the citizens and subjects of each other, they agree to receive and admit Consuls and Vice-Oonsuls 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 BRAZIL, 1828. 113 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. Aeticle XXIX. In order that the Consuls and Yice-Consuls of the two contracting parties may enjoy the rights, prerogatives and immunities which belong to them by their public character, they shall. Exequaturs. 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. Aeticle XXX. It is likewise agreed that the Consuls, their secretaries, offtcers and persons attached to the service of Consuls, they not being ^^,3^,^ „f co„- citizens or subjects of the country in which the Consul "oS'ufry appoiS 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 be- sides subject to the laws of their respective States. The archives and pa- pers of the consulate shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. Aeticle 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 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. Aeticle XXXIL For the purpose of more effectually protecting their commerce an^ navigation, the two contracting parties do hereby agree, as Aneemcnttomake soon hereafter as circumstances will permit them, to form a w°™'" """'"°' consular convention, which shall declare specially the powers and immu- nities of the Consuls and Vice-Consuls of the respective parties. 3769 TK 8 114 TREATIES AND CONVENTIONS. AETICLE XXXIII. 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 on e year after either Duration of ire.ty. ^^ thc coutractlug partlcs 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 betw een 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. 2d. If any one or more of the citizens or subjects of either party shall vioiBtion of treaty infringe auy of thc articles of this treaty, such citizen or sub- iJItSo?™ ° °"''" ject shall be held personally responsible for the same, and 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. , 3d. 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 wiU 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. 4th. 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 Ratifications ^® approvcd aud ratified by the President of the United I oations. States, by and with the advice and consent of the Senate thereof, and by the Emperor 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. SEAI,. SEAL. SEAL. W. TUDOE. Maequez de Aeacaty. Miguel de SotrzA Mello E Altim. BRAZIL, 1849. 115 1849. CONVENTION FOE THE SATISFACTION OF CLAIMS OF CITIZENS OF THE UNITED STATES. Concluded January 27, 1849; Batifications exchcmged at Washington January 18, 1850 ; Proclaimed Janua/ry 19, 1850. In the name of the Most Holy and Indivisible Trinity. The United States of America and His Majesty the Emperor of Brazil, desiring to remove every cause that might interfere with the good un- derstanding and harmony which now happily exists between them, and which it is so much the interest of both countries to maintain ; and to come, for that purpose, to a definitive understanding, equally just and honorable to each, as to the mode of settling the long-pending questions arising out of claims of citizens of said States, have for the same ap- pointed 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 Ma-iesty the Em- ''="'"="°"- peror of Brazil, upon the most illustrious and most excellent Yiscount of Olinda, of his OouncU, 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 contracting parties, appreciating the difficulty of agreeing upon the subject of said reclamations, from the belief enter- 530,000 mii,ei, t<. tained by each — one of the justice of the claims, and the other statti''for''8«iJJS of their injustice — and being convinced that the only equita^ "°° of claims. 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 Uni- ted 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 indemnifications 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. 116 TREATIES AND CONVENTIONS. Aeticle II. In conformity to what is agreed upon in the preceding article, Brazil Brazil exonoraw IS cxoneratcd from all responsibility springing out of the Sjl/Xm'^S aforesaid claims presented by the Government of the United ci»i™. States up to the date of this convention, which can neither be reproduced nor reconsidered in future. Aeticle III. In order that the Government of the United States may be enabled Docaments con- pToperly to. cousidcr the claims of the citizens of said States, b"°fi;?iiehcaTh" they remaining, as above declared, subject to its judgment, United states. ^jjg respcctivc documeuts which throw light upon them shall be delivered by the Imperial Government to that of the United States, so soon as this convention shall receive the ratification of the Goveirn- ment of said States. Aeticle IV. The sum agreed upon shall be paid by the Imperial Government to Time of payment that of tho Uultcd Statcs, lu thc current money of Brazil, as ofindemnity. goon as the exchange of the ratifications of this convention is made known in this capital, for which His Majesty the Emperor 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 Indemnity euMect thousaud mllrels, shall not be made until after the reception to interest until paid, (jf ^jjg uoticB lu thls Capital of thc exchaugc of ratifications; 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 conformity to the pre- ceding article ot this convention, the amount stipulated 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 m 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 Eio de Janeiro, this twenty-seventh day of Jan- uary, in the year of our Lord one thousand eight hundred and forty-nine. [seal, [seal. David Tod. ViSCONDE de Olinda. 1878. AGREEMENT CONCERNING TRADE-MARKS. Concluded Septemder 24, 1878; Proclaimed Jvme 11, 1879. The Government of the United States of America and the Govern- ment of His Majesty the Emperor of Brazil, with a view to the reciprocal BRAZIL, 1878. 117 protectiou of the marks of manufacture and trade in the two cQuutries, have agreed as follows : The citizens or subjects of the two High Contracting Parties shall have in the dominions and possessions of the other, the same right s as belong to native citizens or subjects, in everything relating to property in marks of manufacture and trade. It is understood that any person who desires to obtain the aforesaid protection must fulfill the formalities required by the laws of the re- spective countries. In witness whereof the undersigned duly authorized to this end, have signed the present agreement and have aflixed thereto the seals of their arms. Done in duplicate at Eio de Janeiro the twenty-fourth day of the month of September, one thousand eight hundred and seventy-eight. SEAXi. SEAL. Henky Washington Hilliard. B. de Vllla Bella. BREMEN. 1853. DECLAEATION OF ACCESSION + OF THE SENATE OF THE FREE HANSEA- TIC CITY OF BREMEN TO THE CpNVENTION FOR THE EXTRADITION OF CRIMINALS, FUGITIVES FROM JUSTICE, BETWEEN PRUSSIA AND OTHER STATES OF. THE GERMANIC CONFEDERATION AND THE UNITED STATES. Concluded September 6, 1853; Ratifications exchanged at Washington Octoler 14, 1853; Proclaimed October 15, 1853. Whereas a Convention for the mutual delivery of criminals fugitives 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 Washington, on the 16th June, 1852, by the Plenipotentiaries of the contracting parties, and was subsequently duly ratified on the part of the contracting gov- ernments ; and whereas, pursuant to the second article of the said con- vention, 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 said convention of the sixteenth June, 1852, which is literally as follows : [A copy of the convention of the sixteenth 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 ob- served 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, , JSEAL.] , SMIDT. Beeuls, Secretary. * See also .Hanseatic Republics. ,t Tianslation. BEUKSWIOK AND LUNEBURG. • 1854. CONVENTION EESPECTING PROPERTY. Concluded August 21, 1854; Batifications exchanged at WasMngton July 28, 1855; Proclaimed July 30, 1855. The President of the United States of America and His Highness the Duke of Brunswick and Liineburg, animated by the desire to secure and extend by an amicable convention the relations happily existing between the two countries, have, to this effect, appointed as their Plen- ipotentiaries, 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 Liineburg, Dr. Juliup Samson, "eeotiatorB. 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 power to dispose of their personal property, within the Privuw. raspect- jurisdiction of the other, subject to the laws of the State 'Zs'SfH^rJloit or country where the domicil is, or the property is found, <^"^t«'yot<^^oa,e'- either by testament, donation or ab intestate, 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 ofcthem 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 case any dispute 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. 119 120 TREATIES AND CONVENTIONS. Akticle II. If by the death of a person owning real property in the territory of Disposition of real ouB of the high contracting parties such property should de- S;? bettyhsirby sceud, elthcr by the laws of the country or by testamentary aueu heirs. disposltiou, 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 permit 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 situ- ated. Article III. The present convention shaU be in force for the term of twelve years Doratioo of tius from tho datc hereof; and further until the end of twelve convention. mouths after the Government of the United States on the 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 ex- Katifications chaugcd at Washiugton, within twelve months after its date, at, cafons. ^^ gooncr 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 flfty-ibur, and of the Inde- pendence of the United States the seventy -ninth. SEAL.] W. L. Makct. sEAii.] JtrLitrs Samson. CENTRAL AMERICA. 1825.* GENERAL CONVENTION OF PEACE, AMITY, COMMEECE AND NAVIGATION. Concluded December 5, 1825; Ratifications exchanged at Guatemala August 2, 1826; Proclaimed October 28, 1826. 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 iij fixture be religiously observed between the one and the other, by means of a treaty, or general convention of peace, friendship, commerce and nav- igation. 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 Jos6 Canas, a Deputy of the Constituent National Assembly for the Province of San Salvador, and Envoy Extraordinary and Minister Plenipotentiary of that Eepub- lic 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- ship between the United States of America and the Feder- DeoUratioD or ation of the Centre of America, in all the extent of their '""^• possessions and territories, and between their peoiple and citizens, re- spectively, 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 . ,, '°. ° . J. !• 1 -i- Mostfarared nation. to other nations, m 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. * See Notes : "Abrogated, suspended or obsolete treaties.'' 121 122 TREATIES AND CONVENTIONS. Article III. The two high contracting, parties, being likewise desirous of placing the commerce and navigation of their respective countries >»^'e°''rd°navis": On thc libcral 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, 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 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. Akticle IV. They likewise agree that whatever kind of produce, manufacture or No ducrimraatton merchandisc of any foreign country can be, from time to in tonnage duties, tlmc, lawfuUy Imported into the United States in their own vessels, :may be also imported in vessels of the Federation of the Centre of America ; and that no higher or other duties upon the ton- nage 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 Jike 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 re-exported from the one country in 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 draw- backs shall 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. ^o higher or other duties shall be imposed on the importation into the United States of any articles, the produce or manufac- m dStfe'soTiSS tures of the Federation of thei Cfentre of America, and no and exports. higher or othdr 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 ipaposed m 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. CENTEAL AMERICA, 1825. 123 Article VI. It is likewise agreed that it shall be wholly free for aU merchants, commanders of ships and other citizens, of both countries, pri,iiege. of citi. to manage, themselves, their own business, in all the ports tt?ritorro°ahept°hLr and places subject to the jurisdiction of each other, as well ii'f»'»"»"« affairs. 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 oflf 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 embargo, nor be detained with their vessels,, cargoes, mer- i„aammwga»ran. chandise or effects for any military expedition, nor for any S?^„S dSa'Sy 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 forced to seek refuge or asylum in the rivers, bays, ports or abji,™ granted w dominions of the other, with their vessels, whether merchant '^'"'" '""^•^<■"^■ 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, procuring pro- visions, 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 one of the contracting parties, which may be captured by captures by pi- 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 parties shall be wrecked, foundered, or shall suffer any dam- sMpwrecks 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 qr contribution whatever, until they may be exported. 124 TREATIES AND CONVENTIONS. Article XI. The citizens of each of the contracting parties shall have power to dis- prmieees respect posB of their pBrsonal goods within the jurisdition of the Sre's''afSauo»i'n othcr, loj Sale, donation, testament or otherwise, and their temtorrofiheotiier. represcntatives, being citizens of the other party, shall suc- ceed to their said personal goods, whether by testament or ab intestate, and they may take possession thereof, either \)j themselves or others act- ing 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 XII. Both the contracting parties promise and engage formally to give their special protection to the persons and property of the citizens t/brelveTM 'the of each other, of all occupations, who may be in the terri- STn terrify °of torics, subjcct to thc jurisdic'tion 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 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- Religious freedom. . ,. . j^, j_ i • j_ ^ j_i » • t j_. _p j.i mg parties m the country 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 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 Free ships, free ^ud of tho Fodcration of the JOentre of America to sail with goods. their ships, with all manner of liberty and security, no dis- tinction 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 lili©- 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- 1825. 125 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 lading or any part thereof, should appertain to the enemies of either, coDtraband 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 ofQcers or soldiers, and in the actual service of the en- ThispriwiegetobB emy: Provided, However, and it is hereby agreed, that the 5'S2°^KS stipulations in this article contained, declaring that the flag •""■edoanne. shall cover tlie property, shall be understood as applying to those pow- ers 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 Governraents acknowledge this principle, and not of others. Aeticlb XY. It is likewise agreed that, in the case where the neutral flag of one ol the contracting parties shall protect the property of the en- ^^^ „of . „e„„ai emies of the other by virtue of the above stipulation, it shall i.ot"J'r°tMt°r'b'y always be understood that the neutral property found on "'°°°°°^' * board such enemy's vessels shall be held and considered as enemy's prop- erty, 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 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, em- barked in such enemy's ships, shall be free. Aeticle XVI. This liberty of navigation and commerce shall extend to all kinds of merchandise excepting those onlv which are distinguished .,, /»ji 1 t t ii- i»~^ 1 Contraband goods. 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, 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 ; 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 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. ^ < • 126 TREATIES AND CONVENTIONS. Article XVII. All other merchandise and things not comprehended in the articles privitegB of neutral of Contraband explicitly enumerated and classified as above, taeootoMcIS shall be held and considered as free and subjects of free and i^ii lawful commerce, so that they may be carried and trans- 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 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 Freedom from de- ^e fouud lu a vcsscl bouud for an enemy's port, shall be sub- SS'n"°o°n'"dti°vefr1r jcct to dcteutiou and confiscation, leaving free the rest of the oontraband goods, cargo aud thc shlp, that the owners may dispose of them as they see proper. 'So 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 re- ceived 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 Note ofbiockade bclongiug to an enemy without knowing that the same is to be given. besicgcd, 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 the commanding of&cer 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 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 kinds of disorder in the visiting and examina- Ti.itation and tioQ of thc sMps oud cargocs of both the contracting parties eearch. qjj ^jjg high scas, thcy have agreed mutually, that when- ever a vessel of war, public or private, sfeall n\eet 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 shaU be responsible CENTRAL AMERICA, - 1825. 127 with their persons and propertj^, 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. Aeticle XXI. To avoid all kinds of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging p„„ft „, „„;„„. to the- citizens of the two contracting parties, they have «««y=f'=»»='s- 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 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 defect shall be satisfied or supplied by testimony entirely equivalent. Article XXII. It is further agreed that the stipulations above expressed relative to the visiting and examination of vessels shall apply only ^ , _, toJ ^ ^ ■ 1 ■^ *j^j -Ti "n 1 r GBBClS UndGr COS* those which sail without convoy ; and when said vessels ro, «ot euw^ct «. 1111 -t ,t i-iii i>> n If visitationandsearcli^ 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 boaj:d — 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 pri,^ ,„„,i, „„,y shall alone take cognizance of them , And whenever such tri- J™S™ S S bnnal 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 sentence or decree and of all the proceedings in the case shall, if de- manded, 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 cooperating hostUely with the said enemy against the said '■°"°" ° °""""'' party so at war, under the pain of being treated as a pirate. 128 TREATIES AND CONVENTIONS. AbtiCle XXV, If, by any fatality whicli cannot be expected, and which God forbid, the two contracting parties shDuld be engaged in a war Treatment of citi- zens of one nntion in territory of the other zensofonenationin ^^^jj g^gh othcr, thcy havB agreed, and do agree, now for ra time of war. thcn, that thcrc 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 Federation of the Centre of America, shall be respected and maintained in the full enjoyment of their per- sonal liberty and property, nnless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. Akticle XXYI. N^either the debts due from individuals of the oue nation to the indi- Debts and ee nri ^i'^'^^^s of the othcr, uor sharBS, nor moneys which they may tie/not M bVmn- havc lu publlc fuuds, nor in public or private banks, shall ever, in any event of war, or of national difference, be se- questered or confiscated, ^ Aeticle XXVII, Both the contracting parties being desirous of avoiding all inequality ation ™ relation to their public communications andoflficialinter- privTges McordLd coursc, havc agreed, and do agree, to grant to the Envoys, topubhemimeters. jj^jj j-g(.gpg g^^^ othcr Publlc Agcuts, tho samc favors, im- munities and exemptions which those of the most favored nations do or shall enjoy, it being iinderstood that whatever favors, immunities or privileges the United States of America or the Federation of the Centre of 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, Aetiole XXVIII, To make more effectual the protection which the United States and Liberty to appoint ths Fcdcration of the Centre of America shall afford in Consuls. future to the navigation 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,' remain- ing at liberty to except those ports and places in which the admission and residence of such Consuls may not seem convenient, Aetiole XXIX, In order that the Consuls and Vice-Consuls of the two contracting Exequatur partlcs 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- Bion or patent in due form to the Government to which they are accred- CENTRAL AMERICA, 1825. 129 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, ofiQcers and persons attached to the service of Consuls, they not being pri,iie,„ „f con- citizens of the country in which the Consul resides, shall '"■=■ be exempt from all public service, and also from all kind of tax-es, 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 consulate shall be respected inviolably, and under no 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 vessel 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 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 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 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 , W . , -i-i -J. ii J. J? ' Agreemeiittomake soon hereafter as circumstances will permit them, to form a a consular conven- consular convention, which shall declare specially the """^ powers and immunities of the Consuls and Vice- Consuls of the respect- ive parties. Article XXXIII. The United States of America and the Federation of the Centre of America, 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 or 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 the ex- change of the ratifications, in all the parts relating to com- ""■■""'°°f"''"'- merce and navigation; and in all those parts which relate to peace and friendship it shall be permanently and perpetually binding on both powers. 3769 TR 9 130 TREATIES AND CONVENTIONS. 2d. 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 the harmony and good corre- br^c'i°i'en»°°f Sr spondcncc 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 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. 4th. 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 consisnt of the Senate theredf, and RatincaiionB. ^^ ^^^ Govcmment of the Federation of the Centre of Amer- ti caiionB. .^^^ ^^^ ^j^^ 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 tbe 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. SBAii.l H. Clay. SEAL.! Antonio Josi Canas CHILI. 1832,* GENERAL, CONVENTION OF PEACE, AMITY, COMMERCE AND NAVIGATION. Concluded May 16, 1832; Ratifications exchanged at Washington April 29, 1834; Proclaimed April 29, 1834. In the uame 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 Ncsoimtors. Hamm, a citizen of said States, and their Charg6 d' Affaires near the said Eepqblic ; and His Excellency the President of the Republic of Chili has appointed Senor Don Andres Bello, a citizen of the said Ee- 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- Declaration of lie 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 M„,t fa,ored 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 understood, however, that the rela- tions and convention which now exist, or may hereafter exist, between *See Notes: "Abrogated, suspended or obsolete treaties." 131 132 TREATIES AND CONVENTIONS. the Eepublic of Chili and the Eepublic of Bolivia, the federation of the Centre of America, the Eepublic of Colombia, the United States of Mex- ico, the Eepublic of Peru, or the United Provinces of the Eio 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 and mlr7flni °LriS- trade there in all sorts of produce, manufactures and mer- "°°' chandise, 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 navigation 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 aU 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 is 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 coastin trade ^^^ iucludc thc coastiug trade of either country, the regu- oasfng tra e. jg^^^Qjj q£ wMch is Tescrvcd by the parties, respectively, according to their own separate laws. Article IV. It is likewise agreed that it shall be wholly free for all merchants, Pr^iieees of citi- commaudcrs of ships and other citizens of both countries, Sw^TrKJhi? to manage, themselves, their own business, in all ports and in buBmeas affaire, piaccs subjcct to tho jurisdictiou 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 Indemnity gnaran- cmbargo, nor bc dctaiucd with their vessels, cargoes, mer- Seoe°.%uwec'ted w chaudisc or effects for any military expedition, nor for any ombargo. public Or prfvato purpose whatever, without allowing to those interested a suflcient indemnification. Article VI. Whenever the citizens of either of tile cohtra'cting parties shall be Asylum granted to forccd to scck rcfuge Or asylum in the rivers, bays, ports or veaaeiaindiatreaa. dominious of thc othcr, wlth their vessels, whether of mer- chant or of war, public or private, through stress of weather, pursuit CHILI, 1832. 133 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. Aktiolb VII. All the ships, merchandise, and effects belonging to the citizens of one of the contracting parties, which may be captured by captures w pi- 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 their respective Governments. aeticlb vni. 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, si-w^cks. 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, unless they be destined for consumption in the country. Aktiole IX. The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of Property orcitisena the other, by sale, donation, testament or otherwise, and riK^Stlh'o^^T' their representatives, being citizens of the other party, eh all 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 inherit- ance, on account of their character of aliens, there shall bo 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 specki protection citizens of each other, of all occupations, who may be in {"of irterHSJy°of the territories subject to the jurisdiction of the one or the «'»'"i'"- other, transient or dwelling therein, leaving open and free to them the tribunals of justice for th^^ 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 X34 TEEATIES AND CONVENTIONS. 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 thein, and likewise at the taking of all examinations and evidence -which may be exhibited in the said trials. Aeticlb XI. It is likewise agreed that the most perfect and entire security of conscience shall be enjoyed by the citizens of both the eon- Keiisiousfreedom. ^^.^^^^j^g partics iu thc countrfes 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 gounds, or in other decent of suitable places, and shall be protected from violation or disturbance. Article XII. It shall be lawful for the citizens of the United States of America and Free ships, free of thc Ecpublic of CMU to sail with their ships, with 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 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 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, they are not to be taken out of that free ship unless they are officers aJordeToT' ° w ^^ soMicrs and in the actual service of the enemies : Pro- Ke^SatioM »hich vided, however, and it is hereby agreed, that the stipulations accede to t e oc- .^ ^^.^ ai"ticle coutaiued, 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 ackno\^l- edge this principle, and not of others. Article XIII. It is likewise agreed that in the case where the neutral flag of one of Cargo of .neutral ^^^ contractiug partics shall protect the property of the not^?otert?d°by eS- encmies 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 CHILI, 1832. 135 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 Avere done without the knowledge of it; bnt 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 — 1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuzees, 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. 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. AUTICLE XV. All other merchandise and things not comprehended in the articles of contraband explicitly enumerated and classified as above, Privilege of neutral shall be held and considered as free, and subjects of free "goSds^MccS and lawful commerce, so that they may be carried and trans- '""•' 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 are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral. Aeticle XVI. The articles of contraband, before enumerated and classified, which may be found in a vessel bound for an enemy's port, shall F„ej„„ r„„ j,. be subject to detention and confiscation, leaving free the rest 5f°"°oy'°/»ii?e°r''ror of the cargo and the ship, that the owners may dispose of ™»'"i'»nof»»i- thereafter to raise any question, directly or indirectly, connected with the subject-matter of this arbitration. This conveution to be ratified by the Governments of the respective contracting parties, and the ratifications to be exchanged Katwcations. within twelve months from this date, or sooner, if possible, ^" '"'"°°°' in the city of Santiago. 144 TREATIES AND CONVENTIONS. 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 montji of November, in the year of our Lord one thousand eight hundred and fifty-eight. [seal.] John Bigleb, Unvoy Uxtraordinary and Minister Plenipotentiary of the United States of America. [seal.] GrEKONlMO UBMENETA, Plenipotenciario ad Jioc. OHIJSTA. 1844.* TREATY OF PEACE, AMITY AND COMMEECE. Concluded July 3, 1844; Ratifications exchanged at Pwan Tamg December 31, 1845; Proclaimed April 18, 1846. The United States of America and the Ta Tsing Empire, desiring to estahlish 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 seotiator. Gushing, 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 Kwangs, 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 Dedirat>onof«m. on the one part, and the Ta Tsing Empire on the other part, ">' and between their i)eople 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- ^^ diB„iniination scribed in the tariff, which is fixed by and made a part of m^Sues o'™Sport" 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 whatever. Fees and charges of every sort are wholly abolished, and officers of the revenue, who may be guilty of exaction, shall be pun- ished according 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. * See Notes : "Abrogated, suspended or obsolete treaties." 3769 TR .10 145 146 TREATIES AND OONVIONTIONS. And if additional advantages or privileges, of whatever desciiptioii, bo 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. Artiole'III. The citizens of the United States are permitted to H'equeut tlie five ports of Kwang-ehow, Amoy, Fuchow, Ningpo and Bhang- opodMoTtiMnVor hai, and to reside 'with their families and trade there, and to i..uniio(UiuiM. pj,(j(.ggji j,j^ pleasure with their vessels iiud merchandise to and from any foreign port and either of the said five ports, and from either of the said five ports to any other of thoin. J3ut said vessels shall not unlawfully enter the other ports of Ohiua, nor carry on a clandostiiio and fi'audulent 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 conflsoation by tlio Chinese (ioverninent. Article IV. For the superintendence and regulation of the conceriis of oitizeua I .h c< '^^ ^^'^ United States doing business at the said live ports, .ui?ioJcj:mmo..'Si tho Goverumdiit of the United States may appoint Consuls uutimitoa. ^j, Q^j^gj, oflicers at the same, who shall be duly rocogninod as such by the officers of tlie Chinese Government, and shall hold ofHoial intercourse and oorrespondouce with the*latter, either personal or in writ- ing, as occasion may require, on terms of ('(luality 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 Govornniont, 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 uinieccs- sary oflfence to, or collision with, the officers and people of China. AllTIOLB V. At each of the said live ports, citizens of the United States lawfully prMiw of ir«,in engaged in commerce shall be permitted to import from ;,r.'''or ibo'uni'nli their own or any other ports into China, and sell there and «i»i«., purchase 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. Abtkjle VI. Whenever any merchant vessel belonging to the United States shall oon.ui. .if 11.0 ^^^^ either of the said flvb ports for trade, her papers shall iJnMsw£to)mvlj be lodged with the Consul or person (iharged with affairs, £"™Mi.'yXi? who will report the same to the commissioner of customs; and tonnage duty shall bo paid on said vessel at the rate of flv{» mace per ton, if she be ovci' one hundred and flfty tons burden; ')o.mi, ».i„ii™ '^'"^ """ umnii per' ton if she be of tlxi burden of one hundred °"""'" and ilfty tons or under, according' to the amount of her ton- nage iw spticided in the rejj;iHtf'i' 5 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 saia ports, and CHINA, 1844. 147 there paid tonnage duty, shall have occasion to go to any other of the said ports to complete the disposal of her cargo, the Consul or person charged with affairs, will report the same to the commissioner of cus- toms, who, on the departure of the said A'essel, 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 sub- ject to the payment of tonnage duty a second time. 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 and 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 ^.^^^ 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 customhoussoiE. see fit, appoint custom-house officers to guard said vessels, on"v2BB''e°8°'?f°the who may live on board the ship or their own boats, at their unitedstaM. convenience ; but provision for the subsistence of said officers shall be made bythe superintendent of customs, and they shall not be entitled to any allowance from the vessel or owner thereof; and they shall be sub- ject to suitable punishment for any exaction practiced by them in viola- tion of this regulation. Article X. Whenever a merchant vessel belonging to the United States shall cast anchor in either of said ports, the supercargo, master p^eedure to b» or consignee, will, within forty-eight hours, deposit the ship's rf'°."led5' "r u" papers in the hands of the Consul or person charged with Jhei'/lrriv'aVrcu" affairs of the United States, who will cause to be communi- ""^^p"""- cated to thei 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 dis- charge 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- 148 TREATIES AND CONVENTIONS. 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 la-wful for him to do so, paying dnty on such part only, and to proceed with the remainder to any other ports. i 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 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 shaU 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, »sSffirthfSS appoint suitable oflQcers, who shall proceed, in the presence to bo paid. ^j ^^^ captain, supercargo or consignee, to make a just and fair examination of all goods in the act of being discharged for import- ation or laden for exportation on board any merchant vessel of the United States. And if dispute occur iir regard to the value of goods subject to 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. Article XII. Sets of standard balances, and also weights and measures, duly pre- standardsorwsiBhtt parcd, stampcd and sealed, according to the standard of the andmeamreB. custom-housc at CautoH, shall be delivered by the superin- tendents of customs to the Consuls at each of the five 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 Tpnaase and other shall bc paid ou their being admitted to entry. Duties of duties. import shall be paid on the discharge of the goods, and duties of exjjort 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 regulation now in force. And imported goods, on their re-sale 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. No goods on board any merchant vessel of the United States in TraMhipment of port arc to bc transshipped to another vessel, unless there SefJ? o?Sed°ltS be particular occasion therefor ; in which case the occasion toanother. gJ^J^^ ]^g ccrtiflcd by the Consul to the superintendent of customs, who may appoint ofiScers to examine into the facts, and permit CHINA, 1844. » 149 the transhipment. And if any goods be transshipped without such ap- plication, 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- sons appointed at Cainton by the Government, and commonly called Hong-merchants, having been 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. Aktiole XVI. The Chinese Government wiU not hold itself responsible for any debts which may happen to be due from subjects of China to p„eedu™ for coi- citizens of the XJnited States, or for frauds committed by i^""™"""'"'- 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. Aktiole XVII. Citizens of the United States residing or sojourning at any of the ports open to foreign commerce shall enjoy all proper FrMiee^ ot cm- accommodation in obtaining houses and places of business, SS'SoSe or in hiring sites from the inhabitants on which to con- ^'^p""*- struct houses and places of business, and also hospitals, churches and cemetries. The local authorities of the two Governments shall select in concert the sites for the foregoing objects, having due regard to the feelings 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 merchant 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 s.eamen or others sojourning there, may pass and repass in the immediate '^''"''° ^'"^""^ neighborhood ; but they shaU 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 ofl- cers of the Government at each of the five ports shall, in concert with the Consul, define the limits beyond which it shall not be lawful for citi- zens of the United States to go. 150 TREATIES AND CONVENTIONS. Aetiole XVIII. It shall be lawful for the ofificersor citizens of the United States to Citizens of the cmploy scholaps and people of any part of China, without Stfd ?o" mpio? distinction of persons, to teach any of the languages of the chiae.e teachers, empire, and to assist in literary labors; and the persons so employed shall not, for that cause, be subject to any 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 XIX. All citizens of the United States in China, peaceably attending to their affairs, being placed on a common footing of amity and trcitSofXS good will with the subjects of China, shall receive and enjoy, for themselves and everything appertaining to them, the special protection 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 their property be threatened or attacked by mobs, incendiaries or other violent or lawless persons, the local ofl- cers, 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. Akticlb XX. Citizens of the United States who may have imported merchandise Citizens of United Juto auy of thc frce ports of China, and paid the duty r^ion'^'oTJ^iS- thereon, if they desire to re-export the same, in part or in ported into China, -^vjiole, to auy othcr of the said ports, shall be entitled to make application, 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 ofi&cers 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 exaniin- 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- Frauds to evade tloHal duty thcrcou. But if on such examination thesuper- custoraa-duties. iuteudcnt 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. Aeticle XXI. ! Subjects of China who may be guilty of any criminal act towards citi- Ex-.erritoriaiit ^^^^ ^^ ^^^ Uultcd Statcs shall be arrested and punished by ItniHintm'S? ^^^ Chiucse authorities according to the laws of China; ciS»'"«°"°ed "if 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 the 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. CHINA,. 1844, 151 Article XXII. Eelations of peace and amity between the United States and China being established by this treaty, and the vessels of the United TreatmentofraaBU States being admitted to trade freely to and from the five ofThSted'state' ports of China open to foreign commerce, it is further agreed w=e"'i3him"o'ii<>ni'^"»- the matter just and right ; in which event he shall transmit the same to the appropriate authorities for their consideration and action in the prem- ises. In like manner, if subjects of China have special occasion to address the Consul of the United States, they shall submit the communication to the local authorities of their own Government, to determine if the lan- guage be respectful and proper, and the matter just and right ; in which case the said authorities will transmit the same to the Consul, or other functionary, for his consideration and action in the premises. ^ .^^ „,,;,„,„„ And if controversies arise between citizens of the United for°"ettiVment"o"f States and subjects of China, which cannot be amicably set- tled otherwise, the same shall be examined and decided conformably to justice and equity by the public oflBcers of the two nations acting in con- junction. ARTICLE XXV. All questions in regard to rights, whether of property or person, aris- ing between citizens of the United States in China, shall be j„,isaicti™ of subject to the jujisdiction of, and regulated by the authori- f,T^^^lil^V'- ties of their own Government. And all controversies occur- """ '"'^'''"»- ring 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 interfer- ence on the part of China. 152 TREATIES AND CONVENTIONS. Article XXVI. Merchant vessiels of tlie United States lying in the waters of the five juriBdiction of ports of China open to foreign commerce will be under the D»iSdVMBYn'thJ jurisdiction of the offlcers of their own Government; who, live porti ^ j^j]^ ^jjg masters and owners thereof, will manage the same without control on the part of China. For injuries done to the citizens or the commerce of the United States by any foreign power, the Chinese Government will not hold itself bound to make reparation. But if the merchant vessels of the United States, while within the waters over which the Chinese Government exercise jurisdiction, be plundered by robbers or pirates, then the Chinese local authorities, civil and military, on receiving information thereof, will arrest the said robbers or pirates, and punish them according to law, and will cause all the property which can be recoverecj, to be placed in the hands of the nearest Consul, or other officer of the United States, to be by him restored to the true owner. But if, by reason of the extent of territory and numerous population of China, it should, in any case, happen that the robbery cannot be appre- hended, or the property only in part recovered, then the law will take its course in regard to the local authorities, but the Chinese Government will not make indemnity for the goods lost. Article XXVII. If any vessel of the United States shall be wrecked or stranded on the coast of China, and be subjected to plunder or other si.,pwr«k.. damage, the proper ofiBcers of Government, on receiving in- formation of the fact, will immediately adopt measures for their relief and security ; and the persons on board shall receive friendly treatment, and be enabled to repair at once to the most convenient of »ny Mher°han oM thc fivc ports, aud shall enjoy all facilities for obtaining sup- ofthe live port., ^^q^ gf provislous and water. And if a vessel shall be forced, in whatever way, to take refuge in any port other than one of the free ports, then in like manner the persons on board shall receive friendly treatment, and the means of safety and security. Article XXVIII. Citizens of the United States, their vessels and property, shall not be subject to any embargo ; nor shall they be seized and forcibly Embareo. dctaiucd for any pretence of the public service; but they shall be suffered to prosecute their commerce in quiet, and without mo- lestaition or embarrassment. Article XXIX. The local authorities of the Chinese Government will cause to be Mntineers and de- appreheudcd all mutineers or deserters from on board the aerter,. vcsscls of the United States in China, and will deliver them up to the Consuls or other offlcers for punishment. And if criminals, subjects of China, take refuge in the houses or on 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 juriBdiction of bc uudcr the superintendence of the appropriate officers of sS' ° °"° their Government. If individuals of either nation commit acts of violence and disorder, use arms to the injury of others, or create CHINA, 1844. 155 disturbances endangering life, the officers of the two Governments will exert themselves to enforce order, and to maintain the public peace, by doing impartial justice in the premises. Article XXX. The superior authorities of the United States and of China in corre- sponding together shall do so in terms of equality aud in the corre.pond=ncebe. form of mutual communication, (chau-hwui). The Consuls {re^relJefuVi and the local officers, civil and military, in corresponding to- ^o"""'""''"- gether shall likewise employ the style and form of mutual communica- tion, (ohau-Jiwui). 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- ,,»,.„., „o.t»b. text or form whatever, shall ever be demanded of the ''■■"""^''^■ United States by China, or of China by the United States. Akticle XXXI. Communications from the Government of the United States to the Court of China shall be transmitted through the medium of TranBmi.Bion oi the Imperial Commissioner charged with the superintend- <=»'»""'»''»'■'>■»• 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„,ercourse with of the ports of China, the commanders of said ships and the "'■'w "'«■"■ superior local authorities of Government shall hold intercourse together in terms of equality and courtesy in token of the friendly relations of i^iieir 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 .•^--,,,. . ,. . ClandestiDB trade. commerce, or who shall trade in opium or any other contra- band articles 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 several ports of China open to foreign commerce are different, experience may show that incocsiderable modifications are ''""""'°°''"™'='' requisite in those parts which relate to commerce and navigation ; in 154 TREATIES AND CONVENTIONS. which case the two Governments 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 parts by the TJnited States and China and by every citizen 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 Rntifications ^^^ approvcd by the President of the United States, by and with the advice and consent of the Senate thereof, and by the August Sovereign of the Ta Tsing Empire, and the ratifications shall be exchanged within eighteen months from the date of the signa- ture 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 oar Lord Jesus Christ one thousand eight hundred and forty-four, and of Taouk- wang the twenty-fourth year, fifth month and eighteenth day. SEAL. SEAL. C. CTJSHIN&. TsiTENe, [in MancJiu language.) 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, Fuohow, Ningpo, and Shanghai, are as follows, the articles being arranged in classes, yiz : EXPORTS. Class 1. — Alum, oils, *c. *T. M. C. Alum,i. e., white alum, formerly white alum and bluestone, 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. — Teas, slices, 4'o. Tea, formerly divided into fine and native black, and fine and native green teas, per 100 catties 2 5 Anise-seed, star, per 100 catties 5 Musk, each catty , 5 Class 3. — Brugs. ' Capoor cutchery, per 100 catties .' 3 Camphor, per 100 catties 15 Arsenic, under different Chinese names, per 100 catties 7 5 Cassia, per 100 catties 7 5 Cassia buds, not formerly contained in the tariff, per 100 catties 1 China root, per 100 catties 2 Cubebs, not formerly in tariff, per 100 catties 15 Galingal, per 100 catties 10 Hartall, per 100 catties , 5 Rhubarb, per 100 catties 10 Turmeric, per 100 catties 2 * Taels, mace and candareens. CHINA^ 1844. . 155 Class 4. — Sundries. *T. M. c. Bangles, not formerly in the tariff, per 100 catties 5 Bamboo screens and bomboo ware, per 100 catties 2 Corals, native or false corals, not formerly in the tariff, per 100 catties 5 Crackers, and fire- works formerly classed as rockets, per 100 catties 7 5 Fans, (feather fans, &o.,) not formerly in the tariff, per 100 catties 10 Glass, glass ware of all. kinds, formerly classed as native crystal ware, per lOOcatties = 5 Glass beads, or false pearls, per 100 catties 5 Kittisols, or paper umbrellas, per 100 catties 5 Marble, marble slabs, not formerly in the tariff, per 100 catties -i Eioe-paper pictures, per 100 catties 1 Paper fans, per 100 catties ■. 5 Pearls, (false, ) not formerly in the tariff, per 100 catties 5 Class 5. — Painters' stores, ^o. Brass leaf, per 100 catties --- 15 Gamboge, per 100 catties 2 Bed lead, per 100 catties 5 Glue, as fish glue, cowhide glue, &c., per 100 catties 5 Paper, stationery, per 100 catties •.... 5 Tin foil, per 100 catties 0' 5 Vermilion, per 100 catties 3 Paintings, (large paintings, ) formerly divided into large and small paintings, each 10 White lead, per 100 catties 2 5 Class 6. — Wares of various hinds. Bone and horn ware, per 100 catties 1 China ware, fine and coarse, formerly classed as fine, native, coarse and middling, per 100 catties 5 Copper ware and pewter ware, per 100 catties 5 Manufactures of wood, furniture, &o. , per 100 catties 2 Ivory ware, all carved ivory work in eluded, formerly divided into ivory and ivory carvings, per 100 catties 5 Lacquered ware, per 100 catties 1 Mother.of-pearl ware, per 100 catties - 10 Rattan ware, rattan and bamboo work, per 100 catties 2 Sandal-wood ware, per 100 catties 1 Gold and silver ware, formerly divided into gold ware and silver ware, per lOOcatties 10 Tortoise-shell ware, per 100 catties 10 Leather trunks and boxes, per 100 catties 2 Class 7. — Canes, ^c. Canes or walking sticks of all kinds, per 1,Q00 pieces 5 Class 8. — Articles of clothing. Wearing apparel, whether of cotton, woollen or silk, formerly divided into cotton clothing, woolen 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. — Fabrics of hemp, cotton, ^c. 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 100 catties . . 10 Class 10. — Silk, fabrics of silk, fc. Raw' silk of any province, per 100 catties 10 Coarse or refuse silk, per 100 catties 2 Organzine of all kinds, per 100 catties .'. 10 * Taels, mace and candareens. 156 TREATIES AND CONVENTIONS. *T. M. C. Silk ribbon and thread, per 100 catties 10 Silk and satin fabrics of all kinds, as crape, 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, matiing, ^c. 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. — Vnenumerated articles. All articles which it has not been practicable to enumerate herein specif- ically are to be charged a duty of five per cent, ad valorem. Class 14. Gold and silver coin, and gold and silver, duty free. Class 15. Bricks, tiles and building materials, duty free. IMPORTS. Class 1. — Wax, saltpetre, ^c. Wax, foreign, as beeswax, also called tile wax, per 100 catties 1 Oil-of-rose mallows, per 100 catties 1 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 AH other articles of this class not specifically mentioned herein, to pay a duty often 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, per catty 10 Camphor, inferiorqnality or refuse, formerly unoleaned camphor, per catty. 5 Cloves, superior quality, picked, per 100 catties 1 5 Cloves, inferior quality, (mother cloves,) per 100 catties 5 Cow bezoar, per catty 10 Cutoh, per 100 catties 3 Gambler, per 100 catties » 15 Areca nut, per 100 catties 15 Ginseng, foreign, superior quality, &o., 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 candareens. CHINA, 1844. 157 *T. M. C. Gum olibanum, per 100 catties 5 Myrrh, per 100 cditties 0, 5 Mace, or flower of nutmeg, per 100 catties ". 10 Quicksilver, par 100 catties 3 Nutmegs, first quality, per 100 catties 2 Nutmegs, second quality, or coarse, per 100 catties 10 Putchuk, per 100 catties 7 5 Ehinoceros horns, per 100 catties 3 Class 4. — Sundries. Flints, per 100 catties 5 Motherof pearl shells, per 100 catties 2 Class 5. — Dried meats, 4'c. Birds' uests, 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 Bioho de mar, first quality black, per 100 catties 8 Bicho de mar, second quality, white, per 100 catties 2 Sharks' fins, first quality, white, per 100 catties 10 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 , 15 Class 6. — Painters' stores. Cochineal, per 100 catties 5 Smalts, per 100 catties 4 Sapan wood, per 100 catties 10 Class 7. — Woods, canes, ^c. Eattans, 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, ivatclies, ^c. Clocks. Watches. Telescopes. Glass panes, and crystal ware of all kinds. Writing-desks. Dressing-cases. Jewelry of gold and silver. Cutlery, swords, &c. AH the foregoing and any other miscellaneous articles of the same descrip- tion, 5 per cent, ad valorem. Class 9. Gold and silver bullion, duty free. Class 10. Cotton, fabrics of cotton and canvas, from 75 to 100 chih long, and 1 cbih 7 tsun to '2 chih 2 tsun wide, per piece 5 Cotton, allowing 5 ner 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, &o., from 75 to 100 chih long, and 2 chih to 2 chih 9 tsun wide, formerly classed as coarse long cloths, i>er piece. 10 Twilled cottons, grey, same dimensions, per piece 1 ■' *Taels, mace and candareens. H 1 1 3 3 1 5 7 1 5 7 3+ 1 158 TREATIES AND CONVENTIONS. *T. M. C. Chintz and prints of all kinds, from 60 to 75 chih long, and from 2 chih 9 tsun to 3 chih 3 tsun -wide, formerly called ornamented or flowered cloths, perpieoe 2 Cotton yarn, or cotton thread, per 100 catties -■ 10 Linen, fine, not formerly in the tariff, from 50 to 75 chih long, and 1 chih 9 tsun to 2 chih 2 tsun wide, per piece 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, &o., &o., 5 per cent, ad valorem. Class 11. — Fabrics of silk, woollen, ^c. Handkerchiefs, large, above 2 chih G tsun, each Handkerchiefs, small, under 2 chih 6 tsun, each Gold and silver thread, superior or real, per catty Gold and silver thread, inferior, or imitation, per catty Broadcloth, Spanish stripe, &c., from 3 chih 6 tsun to 4 chih 6 tsun wide, per chang ..^ Narrow cloths, as long ells, cassimeres, &c., formerly classed as narrow woollens, per chang Camlets, (Dutch,) per chang Camlets, per chang Imitation camlets, or bombazettes, per chang Woollen yarn, per 100 catties 3 Blankets, each All other fabrics of wool, or of mixed wool and cotton, wool and silk, &o., 5 per cent, ad valorem. Class 12. — Wines, fc. Wine and beer, in quart bottles, per 100 10 Wine and beer, in pint bottles, per 100 5 Wine and beerj in cask, per 100 catties 5 Class 13. — Metals. Copper, foreign, in pigs, &c., per 100 catties .' ■. 10 Copper, wrought, as sheets, rods, &c., per 100 catties 15 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 Tip 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. Carnelians, per 100 stones 5 Carnelian beads, per 100 catties 10 Class 15. — SUns, teeth, horns, ^c. Bullocks' and buffalo horns, per 100 catties 2 Cow and ox hides, tanned and untanned, per 100 catties 5 J Sea-otter skins, each 15 Fox-skins, large, each 15 Fox-skins, Small, each 7i Tiger, leopard and marten skins, each :.-. 15 Land-otter, raccoon and sharks' skins, per 100 2 Beaver skins, per 100 5 o 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 oandareens. CHINA, 1858. 169 Class 16. — Vnenumeraied. All new goods wliich it has not been practiealjle to enumerate herein, a duty of five per cent, ad valorem. Class 17. Rice and other grains, duty free. Contraband. — Opium. SMpping dues. — These have heen hitherto charged on the measurement of the ship's length and breadth, at so much per ahang, 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. [SEAL.] Gushing. [SEAL.] TSIYBNG. 1858. TEEATY OF PEACE, AMITY AND COMMERCE. Concluded June 18, 1858 ; Ratifications exchanged at PeMang August 16, 1859 ; Proclaimed January 26, 1860. The United States of America and the Ta Tsing Empire, desiring to maintain firm, lasting and sincere friendship, have resolved to renew, in a manner clear and positive, by means of a treaty or general conven- tion 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 and the August Sovereign of the Ta Tslng Empire have named for their Plen- ipotentiaries, 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 N«e°"»'™». Major General of the Bordered Blue Banner Division of the Chinese Ban- nermen, both of them being Imperial Commissioners and Plenipoten- tiaries ; And the said Ministers, in virtue of the respective full powers they have received from their Governments, have agreed upon the following articles: Aeticle I. There shall be, as there have always been, peace and friendship between the United States of America and the Ta Tsing j,^^,„^(;„„„f^,„; 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 al)out an amicable arrangement of the question, thus showing their friendly feelings. Aeticle II. In order to perx)etuate friendship, on the exchange of ratifications by the President, with the advice and consent of the Senate of the United 160 TKEATIES AND CONVENTIONS. 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. Akticle 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 prom«uition pubHsh it by proclamation in the gazettes where the laws of of treaty. ^jjg xjuitcd Statcs of Amerfca 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. Akticle IV. In order further to perpetuate friendship, the Minister or Commissioner or the highest diplomatic representative of the United States touSs'°feB°Mhi- of America in China, shall at all times have the right to cor- respond on terms of perfect equality and confidence with the oflScers of the Privy Council at the capital, or with the Governors-Gen- eral 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 may be, shall in all cases consider and acknowledge such communications promptly and respectfully. Article V. TheMinister 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 ofiflcer of equal rank deputed for that pur- pose, on matters of common interest and advantage. His visits shall not Formalities to be cxcccd ouo lu cach ycai, and he shall complete his business t^ofiki Sd without unnecessary delay. He shall be allowed to go by land state.. Qj. come to the mouth of the Peiho, into which he shallnot 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 facilitate his journey and give him necessary protection and respect on his way. On his arrival at the capital he shall be furnished Resiaence and Ruite . .-. *■ •.11 •t t n ■■• 11 111 of [inited state. Min- With a suitablc residcuce prepared for him, and he shall defray his own expenses; and his entire suite shall not ex- ceed twenty persons, exclusive of his Chinese attendants, none of whom shall be engaged in trade. CHINA, 1858. 161 Article 'VI. If at any time His Majesty the Emperor of .China shall, by treaty vol- untarilymade, or for any other reason, permit the representa- , ^ . ,. « J? . Ti Z^. _L • T It • .j_ T _o" 1 Moat favored nation. tive of any fnendly nation to reside at his capital for a long or short time, then, without any further consultation or express permis- sion, the representative of the United States in China shall have the same privilege. Article VII. The superior authorities of the United States and of China, in corre- sponding together, shall do so on terms of equality and in form of mutual communication, (chau-hwuij. The Consuls betw6Z"SfficeJs°°of and the local officers, civil and military, in corresponding ''°"'°"'°°''- together, shall likewise employ the style and form of mutual com munication, (chau-hwui). When inferior officers of the one Govern- ment address superior officers of the other, they shall do so in the style and form of memorial, (chin-chin). Private individuals, in address- ing superior officers, shall employ the style of petition, fpin-ehingj. In no case shall any terms or style be used or suffered which shaU be offensive or disrespectful to either party. And it is agreed presentanottobe that no presents, under any pretext or form whatever, shall ^•'^^'^ ever be demanded of the United States by China, or of China by the United States. Aktiole VIII. In all future personal intercourse between the representative of the United States of America and the Governors-General or Gov- ^^^^^ .^^^^ ernors, the interviews shall be had at the official residence ooJaTbetwem'rVp'- n It ' t rtft I It * 1 •-! I resentatives of the of the said officers, or at their temporary residence, or at umted statea aud the residence of the representative of the United States of '^'"°='°°'^="''°- America, whichever maybe agreed upon between them; nor shaU they make any pretext for declining these interviews. Current matters shall be discussed by correspondence, so as not to give the trouble of a per- sonal meeting. Article IX. • Whenever national vessels of the United States of America, in cruis- ing along the coast and among the ports opened for trade j, . .^^ eaoruaited for the protection of the commerce of their country or for the staS TaMeie°"tn advancement of science, shall arrive at or near any of the 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 shaU 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. its being pillaged by pirates, or in case any American vessel shall be pillaged or captured by pirates on the seas adjacent to the gi,ip„„cka and coast, 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. 3769 TR 11 162 TREATIES AND CONVENTIONS. Aetiole X. The United States of America shall have the right to appoint Consuk and other Oommercial Agents for the protection of trade, to sfato'cTn'/Jutc reslde at such places in the dominions of China as shall be "'"°°' agreed to be opened ; who shall hold offtcial intercourse and correspondence with the local ofiftcers of the Chinese Government, (a Con- sul or a Vice-Consul in charge taking rank with an Intendantof circuit or a Prefect,) either personally or in writing, as occasions mayrequire, on terms of equality and reciprocal respect. And the Consuls and local offlcers 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 all 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 recognize the said Consul and grant him authority to act. Aeticle XL All citizens of the United States of America in China, peaceably at- prwiie esofonited *^°*iiDS ^^ thclr affaiTS, being placed on a common footing of s5^''s'»ifi°z6°°"!n amity and good will with 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 de- fend them from all insult or injury of any sort. If their dwellings or prop- erty be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the Consul, shall im- mediately despatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost rigor of the law. Ei territiiraiit ^i^^J^^ts of CMua gullty of auy criminal act toward citizens granted The' uniild of the Umtcd Statcs shall be punished by the Chinese author- Statea in trial of their ... ... j_ j i i ./» r-it • t • i^' jf j.i citizens accnaed of itics accommg to thc laws of China ; and citizens of the criminal acta. "jjuited Statcs, elthcr on shore or in any merchant vessel, who may in§ult, trouble or wound the persons or injure the property of Chinese, or commit any other improper act in China, shall be punished only by the Consul or other public functionary thereto authorized, ac- cording 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 priviie ea of citi ^'P^'^ ^^ forcigu commercc, shall be permitted to rent houses zenSnuitadstS'tea and places of business, or hire sites on which they can them- reaidingatopenports. -it'ttt ■, -it -i -i -i j_* selves build houses or hospitals, churches and cemeteries. The parties interested can fix the rent by mutual and equitable agreement ; the 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 CHINA, ,1858. 163 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 XIII. 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 s'"i"«=<:i'=- 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 shaU 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 mill- '"'"''' 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 meimorializing the throne, and these officers shall be severely punished, and their property be confiscated to repay the losses. Abticle 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- Designationor ince of Kwang-tung, Amoy, Puh-chau, andTai-wan, in For- ™«'>«'«»- mosa, in the province of Fuh-kien, l^ingpo, in the province of Cheh- kiang, 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 tliereof ; and any vessel under the Ameri- can flag violating this provision, shall, with her cargo, be ciaijeatketrad 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 Govern- ment, without being entitled to any countenance or protection from that of the United States ; and the United States will take measures to pre- vent their flag from being abused by the subjects of other nations as a cover for the violation of the laws of the empire. 164 TEEATIES^AND^CONVENTIONS. Article "XV. At each of the ports open to commerce citizens of the United States Commerce at open shall bc pcrmittcd to iffiport from abroad, and sell, purchase porta. 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 Tanff of duties. g3.pQj,j. ^^^ impoTt 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. AETICIiB XVI. Tonnage duties shall be paid on every merchant vessel belonging to the United States entering either of the open ports, at the Tonnage duties. ^^^ ^^ ^^^^ Qiace pcr tou of forty cubic 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- sh.ps' papers. ^^-j^ havlog paid tonnage duty at one port, shall go to any 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 Beacons and light, shall cousult wlth thc Cousuls about the erection of beacons bouses. Qj, ligiit-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 Pilots, eervants thclr vcsscls luto port, aud, when the lawful duties have all and teachers. bccn paid, takc thcm 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, castome-offieers to thc coUcctor of customs shall, if he see fit, appoint custom- Bei."?,r°the Dnued housc offtccrs to guard said vessels, who may live on board states. .jjjg g]jip Qj, their own boats, at their convenience. The local authorities of the Chinese Government shall cause to be apprehended Mutineer, and all mutiucers or deserters from on board the vessels of the deserters. Uulted Statcs In China on being informed by the Consul, and will deliver them up to the Consuls or other officer for punishment: And if criminals, subjects of China, take refuge in the houses Br^ttd"io°°chJnese or ou board the vessels of citizens of the United States, they criminals. shaU . uot bo harborod or concealed, but shall be delivered CHINAjf 1858. 165 up to justice on due reqjiisition by the Chinese local oiHcers, addressed to those of the United States. The merchants, seamen and other citizens of the United States shall be under the superintendence of the appro- priate officers of their Government. If individuals of either nation com- mit 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 themselves to enforce order and to maintain the public peace, by doing impartial 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„per8 of merchant or consignee, shall, within forty -eight hours, deposit the "==''■■ ; 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, p^miUB for ai.- supercargo or consignee, if he proceed to discharge the <=i>irgeofcargoeB. cargo without such permit, shall incur a fine of Ave 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 iiart 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 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. ^°°°°'° °"°'' 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. Ajbtigle XX. The Superintendent of Customs, in order to the collection of the proper duties, shall, on application made to him through the Consul, c„»tomB examine. appoint suitable ofiQcers, who shall proceed, in the presence ''°°'- 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 subject to 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. Article XXI. Citizens of the United States who may have imported merchandise into any of the free ports of China, and paid the duty thereon, citizen, of united if they desire to re-export the same in part or in whole to any ,^lVSortSic5lf iS other of the said ports, shall be entitled to make application, ■™™'' "^ *°'°- through their Consul, to the Superintendent of Customs, who, in order to 166 TREATIES AND CONVENTIONS. prevent fraud on the revenue, shall cause examination to be made, by suit- able 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 thegoodsremain 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 oflcers of customs of the other ports j 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 Frauds to evade shall dctcct aDy ftaud on the revenue in the case, then the cuatoniB duties. goods shall bc 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 re-exported without hindrance. Aeticle XXII. The tonnage duty on vessels of the IJnited States shaU be paid on their being adm,itted to entry. Duties of import shall be paid on the discbarge of the goods, and duties of export on the lading of the same, p meat of tou ^^I'^ii ^^^ such dutlcs shall have been paid, and not before, nagr^' cu.t"™ 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 for- eign 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 Transshipment of port rcquiTC to bc trausshippcd to auothcr vcsscl, applicatiou goods. shall be made to the Consul, who shall certify what is the occasion therefor to the Superintendent of Customs, who may appoint ofdcers to examine into the facts and permit the transshipment. And if any goods be transshipped without written permits they shall be sub- ject to be forfeited to the Chinese Government. aetiole xxrv. Where there are debts due by subjects of China to citizens of the United States, the latter may seek redress in law; and, Collection 01 debts. •111 , ,• ■■• i>iii 1^11 • 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. Akticle XXV. It shall be lawful for the officers or citizens of the United States to Liberty to employ Gmploy scholaTS aud people of any part of China, without ciiinesoteaehers. dlstiuction of pcrsous, to tcach any of the languages of the empire, and to assist in literary labors ; and the persons so employed CHINA,- 1858. 167 shall not for that cause be subject to any 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 XXYI. Eelations of peace and amity between the United States and China being established by this treaty, and the vessels of the Treatment or un- united States being admitted to trade freely to and from Jim'S*»arb«weiS the ports of China open to foreign commerce, it is further SX. ''°''- ''°°"""' 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 to 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, pH„i.g„ onu to with their cargoes, to enter the ports of China; but all such ^^"'ttrict ^ vessels so offending shall be subject to forfeiture and confis- "^"'• cation to the Chinese Government. aeticlb xxvn. All questions in regard to rights, whether of property or person, arising between citizens of the United States in China shall jurisdiction in be subject to the jurisdiction and regulated by the authori- S!S'°/nd''pe?-' ties of their own Government ; and all controversies occur- """■ ring in China between citizens of the United States and the subjects of any other Government shall be regulated by the treaties existing be- tween the United States and such Governments, respectively, without interference on the part of China. Aetiole XXTUI. If citizens of the United States have special occasion to address any communication to the Chinese local officers of Government, they shall submit the same to their Consul or other officer, betl^fn^SMTf to determine if the language be proper and respectful, and and chSeBe^iSS 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. 168 TREATIES AND CONVENTIONS. Aeticle XXTX. The principles of the Christian religion, as professed by the Protestant Citizens of United a^d Eomau Catholic churches, are recognized as teaching eioM ff^lom'li; men to do good, and to do to others as they would have China. 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 principles 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 Most favored nation. ... ^ « ^ ,. • t j ' - -i * /. citizens of any nation, any right, privilege or favor, con- nected either with navigation, commerce, political or other intercourse, which is not conferred by this treaty, such right, privilege and 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 shaU be ratified by . . the President of the United States, by and with the advice Rafficationa. ^^^ couscnt of thc Scuatc, within one year, or sooner, if pos- sible, and by the August Sovereign of the Ta Tsing Empire forthwith; and the ratifications shall be exchanged within one year from the date of the signatures 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 Tientsin this eighteenth day of June, in the year of our Lord one thousand eight hundred and fifty-eight, and the independence bf the United States of America the eighty-second, and in the eighth year of Hienfung, fifth month, and eighth day. SEAL. SBAl. SEAL, William B. Eeed. kweiliawg. hwashana. Note to Article XIX.— On the 17tli July, 1867, it had been, agreed between the Chinese Government and Mr. Burlingame, United States Minister at Pekin, that, sub- ject to ratification by the Government of the United States, Article XTX 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 eighteenth of June, 1858, so that the nineteenth article shall be understood to include hulks and storesMps of every kind under the term merchant vessels ; and BO 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, shaU 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 re-exported 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. CHINA, 1858. _ 169 1858. CONVENTION FOE THE REGULATION OP TEADE. Concluded November 8, 1858 ; Matifications exchanged at PeJitang August 15, 1859. Wliereas a treaty of peace, amity and commerce between the Ta Tsing Empire and the United States of America was concluded at 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 ratified 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 oh 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 signa- ture 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 and now freely given, it has been determined to record such assent and agree- ment 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. Article 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. Heed, Envoy Extraordinary 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 Superintendent of the Board of Punishments; and Hwashana, Classical Eeader at Banquets, President of the Board of Civil Oflce, Captain General of the Bordered Blue Banner Division of the Chinese Bannermen, both of them Plenipo- tentiaries; 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. 170 ' TREATIES AND CONVENTIONS. Done at Shanghai this eighth day of November, in the year of our Lord one thousand eight hundred and fifty-eight, and the Independence of the TJnited States of America the eighty-third, and in the eighth year of Hienfung, the tenth month and third day. [seal.] WilliajiI B. Eeed. C KWErLIANG. HWASHANA. [SEAL.] ■{ Ho ]^WEI-TSTNG. MlNGSHEN. TWAN. TAKIFP ON IMPORTS. T. M. C. C. _^ r-agar, per 100 catties - 15 AsafoBtida, per 100 catties 6 5 Beeswax, yellow, per 100 catties 10 Bete]-nut, per 100 catties 1. 5 Betel-nut, husk, per 100 catties ..^ 7 5 Bioho de Mar, black, per 100 catties , 15 Bicho de Mar, white, per 100 catties 3 5 Birds-nests, Ist quality, per catty 5 5 Birds-nests, 2nd quality, per catty 4 5 Birds-nests, 3rd quality, or uncleaned, per catty - 15 Buttons, brass, per gross 5 5 Camphor, baroos, clean, per catty 13 Camphor, baroos, refuse, per catty 7 2 Canvas and cotton-duck, not exceeding 50 yards long, per piece 4 Cardamoms, superior, per 100 catties 10 Caxdamnms, inferior, or graine-of-paradise, per 100 catties 5 Cinnamon, per 100 catties 15 Clocks, five per cent, ad valorem. Cloves, per 100 catties 5 Cloves, mother, per 100 catties - 18 Coal, foreign, per ton 5 Cochineal, per 100 catties 5 Coral, per catty 10 Cordage, Manila, per 100 catties 3 5 Carnelians, per 100 stones 3 Carnelians, beads, per 100 catties 7 Cotton, raw, per 100 catties 3 5 Cotton piece goods, gray, white, plain and twilled, exceeding 34 inches wide, and not exceeding 40 yards long, per piece 8 Cotton piece goods, exceeding 34 inches wide, and exceeding 40 yards long, * per every 10 yards 2 Cotton piece goods, drills and jeans, not exceeding SOinches wide, and not '■ exceeding 40 yards long, per piece 0100 Cotton piece goods, drills and jeans, not exceeding 30 inches wide, and not * exceeding 30 yards long, per piece 7.5 Cotton piece goods, T cloths, not exceeding 34 inches wide, and not exceed- i Ing 48 yards long, per piece 8 Cotton piece goods, T cloths, not exceeding 34 inches wide, and not exceed- ' ing 24 yards long, per piece 4 Cotton, dyed, figured and plain, not exceeding 36 inches wide, and not exceeding 40 yards long, per piece 15 Cotton, fancy, white brocade and white spotted shirtings, not exceeding 36 inches wide, and not exceeding 40 yards long, per piece 1 Cotton, printed chintzes and furnitures, not exceeding 31 inches wide, and not exceeding 30 yards lon^, per piece 7 Cotton-cambrics, not exceeding 46 inches wide, and not exceeding 24 yards long, per piece 7 Cotton-cambrics, not exceeding "46 inches wide, and not exceeding 12 yards long, per piece 3 5 Cotton-muslins, not exceeding 46 inches wide,, and not exceeding 24 4 yards long, per piece . ; 7' 5 CHINA, 1858. 171 T. M. C. 0. Cotton-muslins, not exceeding 46 inches wide, and not exceeding 12 yards long, per piece : 3 5 Cotton-damasks, notexceeding36 inches wide/and not exceeding 40 yards long, per piece 2 Cotton-dimities, or qniltings, not exceeding 40 inches wide, and not ex- ceeding la yards long, per ;piece 6 5 Cotton-gmghams, not exceeding 28 inches wide, and not exceeding 30 yards long, per piece Cotton-handkerchiefs, not exceeding one yard square, per dozen Cotton-fustians, not exceeding 35 yards long, per piece 2 Cotton- velveteens, not exceeding 34 yards long, per piece 1 Cotton-thread, per 100 catties 7 Cotton-yam, per 100 catties 7 Cow-bezoar, Indian, percatty^ 1 5 Cutch, per 100 catties 1 Elephants' teeth, whole, per 100 catties '4 Elephants' teeth, broken, per 100 catties 3 Feathers, kingfisher's, peacock's, per 100 4 Fish-maws, per 100 catties 1 Fish-skin, per 100 catties 2 FMntSj per 100 catties Gambler, per 100 catties 1 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 1 Glue, per 100 catties 1 Gold-thread, real, per catty 1 6 Gold-thread, imitation, per catty Gnm-benjainin, per 100 catties 6 Gum-benjamin, oil of, per 100 catties 6 Gnm, dragon's blood, per 100 catties '. 4 Gum, myrrh, per 100 catties : 4 Gum, olibanum, per 100 catties , 4 Hides, buffalo and cow, per 100 catties 5 Hides, rhinoceros, per 100 catties 4 Horns, buffalo, per 100 catties 2 Horns, deer, per 100 catties 2 Horns, rhinoceros, per 100 catties 2 Indigo, liquid, per 100 catties 1 Isinglass, per 100 catties 6 Lacquered-ware, per 100 catties 1 Leather, per 100 catties 4 Linen, fine, as Irish or Scotch, not exceeding 50 yards long, per piece.. - 5 Linen, coarse, as linen and cotton, or silk and linen mixture, not ex- ceeding 50 yards long, per piece 2 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 5 Metals, copper, unmanufactured, as in slabs, per 100 catties 1 Metals, copper, yellow-metal sheathing and naUs, per 100 catties 9 Metals, copper, Japan, per 100 catties 6 Metals, iron, manufactured, as in sheets, rods, bars, hoops, per 100 catties. 1 Metals, iron, unmanufactured, as in pigs, per 100 catties Metals, iron, kentledge, per 100 catties Metals, iron, wire, per 100 catties 2 Metals, lead, in pigs, per 100 catties i 2 Metals, lead, in sheets, per 100 catties 5 Metals, quicksilver .' 3 Metals, spelter, saleable only under regulations appended, per 100 catties. 2 Metals, steel, per 100 catties 2 Metals, tin, per 100 catties 1 2 Metals, tin plates, per 100 catties 4 Mother-of-pearl shell, per 100 catties 2 Musical boxes, five per cent, ad valorem. Mussels, dried, per 100 catties 2 Nutmegs, per 100 catties 2 5 Olives, unpickled, salted or pickled, per 100 catties 1 3 5 2 5 5 2 8 3 5 5 5 3 5 5 5 2 5 5 8 5 2 .0 3 5 3 2 5 7 5 1 5 5 5 5 5 5 8 172 TREATIES AND CONVENTIONS. T. M. C. C. Opium, per 100 C9,tties 30 o Pepper, black, per 100 catties 3 6 Pepper, white, per 100 catties - 5 Prawns, dried, per 100 catties 3 6 Putchuck, per 100 catties 6 Rattans, per 100 catties 15 Rose maloes, per catties 10 Salt flsli, per 100 catties 18 Saltpetre, saleable only under regulation appended, per hundred catties.. 5 Sandal-wood, per 100 catties 4 Sapan-wood, per hundred catties - 10 Sea-horse teeth, per 100' catties 2 Sharks' fins, black, per 100 catties 5 Sharks' fins, white, per 100 catties 15 Sharks' skins, per hundred 2 Silver thread, real, per catty 13 Silver thread, imitation, per catty 3 Sinews, buffalo and deer, per 100 catties 5 5 Skins, fox, large, each 15 Skins, fox, small, each 7 5 Skins, marten, each 15 Skins, sea-otter, ieacli 15 Skins, tiger and leopard, each 15 Skins, beaver, per hundred 5 Skins, doe, hare and rabbit, per hundred 5 Skins, squirrel, per hundred 5 Skins, land-otter, per hundred 2 Skins, racoon, per hundred 2 Smalts, per 100 catties 15 Snuff, foreign, per 100 catties 7 2 Sticklac, per 100 catties 3 0- Stockfish, per 100 catties 0. 5 Sulphur and brimstone, (saleable only under regulation appended,) per lOOcatties 2 Telescopes, spy and opera glasses, looking-glasses, mirrors, 5 per cent, ad valorem. Tigers' bones, per 100 catties 15 5 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 5 Timber, masts and spars, soft-wood, exceeding 60 feet each 6 5 00 Timber, beams, hard-wood, not exceeding 26 feet long, and under 13 inches square, each , 15 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, and 3 inches thick, per 100 2 Timber, plank, soft-wood, per ], 000 square feet 7 Timber, plank, teak, per cubic foot 3 5 Tinder, per 100 catties 3 5 Tortoise-shell, per catty 2 5 Tortoise-shell, broken, per catty ?■ 2 Umbrellas, each 3 5 Velvets, not exceeding 34 yards long, per piece 18 "Watches, per pair 10 Watches, 6maiU6es a, perles, per pair 4 5 Wax, Japan, per 100 catties 6 5 Woods, camagon, per 100 catties 3 Woods, ebony, per 100 catties, 15 Woods, garroo, per 100 catties 1 2 Woods, fragrant, per 100 catties 4 5 Woods, kranjee, 35 feet long, 1 foot 8 inches wide, and 1 foot thick, each. 8 Woods, laka, per 100 catties 14 5 Woods, red, per 100 catties 115 Woollen manufactures, viz, blankets, per pair 2 Woollen broadcloth and Spanish stripes, habit and medium cloth, 51 'i«. imports, but enumerated in the list of exports, when imported, wUl pay the amount of duty set against them in the list of exports. Articles not enumerated in 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. 176 TREATIES -ANDi.CONVENTIONS. Rule n. Duty-free goods. Gold and silver bullion, foreign coins, flour, Indian-meal, sago, biscuit, preserved meats, and vegetables. Cbeese, butter, confectionery. Foreign clothing, jewelry, plated ware, perfumery, soap of all kinds. Charcoal, firewood, candles, (foreign,) tobacco, (Ibreign,) cigars, (foreign.) Wine, beer, spirits, household stores, ships' stores, personal baggage, stationery, carpeting, druggeting, cutlery, foreign medicines and glass and crystal ware. The above commodities pay no import or export duty; but, if transported into the interior, wiU, 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 ni. Contraband goods. Import and export trade is alike prohibited in the following articles : Gunpowder, shot, cannon, fowling-pieces, rifles, muskets, pistols and all other munitions and implements of war, and salt. Rule IV. Weights and measures. In the calculations of the tariff the weight of a pecul of one hundred catties is held to be eciual to one hundred and thirty-three and one-third pounds avoirdupois, and the length of a cUang of ten Chinese feet to be equal to one hundred and forty-one English inches. One Chinese dhih 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. The restrictions affecting trade in opium, cash, grain, pulse, sulphur, brimstone, saltpetre and spelter, are relaxed under the following conditions : 1. Opium will henceforth pay thirty taels per pecul import-duty. The importer will sell it only at the port. It wiU. be carried into the interior by Chinese Opium. 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 tariflf is the same rule of revision to be applied to opium as to other goods. 3. 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 opper cas . ppj^g gf chiua 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 other security 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, the certificate issued by him, with an acknowledgment thereon of the receipt of the cash at the port of destination by the collector at that port, who shall thereto aiBx his seal; or, felling 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 caring it liable to tonnage dues. 3. The export of rice and all other grains whatsoever, native or foreign, no matter nice and other whcro grown Or whenoc Imported, to any forcigu port, is prohibited; but "'"^- these commodities may be carried by citizens of the United States from one 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, 177 Ko 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 liable to tonnage dues. 4. Puhe. — ^The export of pulse and bean cate from Tang-Chau, and Mn-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 ruiseand bean cake. 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 saltpeter, auiphnr, duly authorized to purchase them. No permit to land them shall be Jj™'"" ^"^ '■«'• issued until the customs have proof that the necessary authority has been given to the purchaser. It shaU 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 ou the sea-board, nor to accompany them into the interior on behalf of Chinese. They must be sold at the ports only, and, except at the ports, they will be regarded as Chinese property. Infcactions of the conditions, as above set forth, xmder which trade in opium, cash, grain, pulse, sulphur, brimstone, saltpetre and spelter may be henceforward carried on, will he punishable by confiscation of all the goods concerned. Rule VI. lAaMlity 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 ves- sel comes within the limits of the port, and that the same rule be applied to the forty- eight hours allowed by art. XIX of the treaty to remain 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 reve- nue; also, the limits of the anchorages within which lading and dis- ^'""''" °''>«'^ charging are permitted by the customs, and the same shall be notified to the Consuls for pnbSc information. Rule 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 the duty free goods 'liable to a transit-duty of two and a half per Transit dues. cent, ad valorem, as provided in No. II. 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 and quantity of the goods, the ship from which they have been landed, and the place inland imports. to which they are bound, with all other necessary particulars, the collector of cus- toms shall, on due inspection made, and on receipt of the transit duty due, issue a transit duty certificate. This must be produced at every barrier station, and visaed. No farther duty will be levyable upon imports so certificated, no matter how distant the place of their destination. In 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 passes on its way to the port of shipment. A memorandum showing Exports. the amount of the produce, and the port at which it is to be shipped, wiU be depos- ited there by the person in charge of the produce. He will then receive a certificate, ■which must be exhibited and visaed at every barrier on his way to the port of ship- ment. 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 render them liable to confiscation. Un- authorized sale in transitu of goods that have been entered as above foiVyo^""'"' '" ''''''''" a port 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 in the certificate liable to confiscation. Permission to export produce which cannot be proved to have paid its transit-dues will be re- fused by the customs until the transit dues shall have been paid. 3769 TE 12 178 TREATIES AND CONVENTIONS. EULB VIII. • Trade with the capital. It is agreed that no citizen of the United States shall have the privilege of entering the capital city of Peking for the purposes of trade. Bulb IX. Abolition of the meltagefee. It is agreed that the percentage of one tael, two mace hitherto charged, in excess of dnty payments, to defray the expenses of melting by the Chinese Government, shall no longer be levied on citizens of the United States. EULE X. Colleotion of duties under one system at all ports. It being, by treaty, at the option of the Chinese Government to adopt what means appear to it best suited to protect its revenue accruing on 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, fl-om 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, independently of the suggestion or nomination of any American authority, to select any citizen of the United States he may see fit to aid him in the ad- suraee ine. ministration of the customs revenue, in the prevention of smuggling, in the definition of port boundaries, or in discharging the. duties of harbor-master; also in the distribution of lights, buoys, beacons and the like, the and'buoya '"""°°'' maintenance of which shall be provided for out of the tonnage dues. The Chinese Government will adopt what measures it shall find requisite to pre- vent smuggling up the Yang-tsz-Kiang, when that river shall be open to trade. [SEAL.] WILLIAM B. EEED. 1858. CONVENTION FOE THE ADJUSTMENT OF CLAIMS OF CITIZENS OF THE UNITED STATES AGAINST CHINA. Concluded November 8, 1858. In order to carry into effect the convention made at Tien-tsin by the High Commissioners and Plenipotentiaries respectively representing the United States of America and the Ta Tsing Empire, for the satisfac- tion 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 exceeding six hundred thou- sand taels, should be applied to that end ; and the Plenipotentiary of the United States, actuated by a friendly feeling towards China, is will- ing, 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 sup- plementary convention, as follows: Article I. That on the first day of the next Chinese year the collectors of cus- uidation of nil ^0™** ^^ ^^^ ^^^^ thrcc ports shall issue debentures to the .la/S^ofTmerican amouut of fivG huudrcd thousand taels, to be delivered to such persons as may be iiamed 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 CHINA, 1868. 179 at Canton, one hundred thousand taels at Shanghai, and one hundred thousand taels at Puh-chau, which shall be received m payment of one- 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. Eeed, Envoy Extraordinary and Minister Plenipotentiaiy, and on the part of the Ta Tsing Empire, Kweiliang, a member of the Privy Council, Captain-General of the Plain White Ban- ner Division of the Manchu Bannermen and Superintendent of the Board of Punishments; and Hwashana, Classical Header at Banquets, Presi- dent df the Board of Civil Offtce,' Captain-General of the Bordered Blue Banner Division of the Chinese Bannermen, both of them Plenipoten- tiaries, with Ho-Kwei-tsing, Governor-'General of the two Kiang Prov- inces, President of the Board of War, and Guardian of the Heir- Appar- ent ; Mingshen, President of the Ordnance OfQce of the Imperial House- hold, with the Insignia of the Second Grade; and Twan, a titular Presi- dent of the Fifth Grade, member of the Establishment of the General Council, and one of the junior under Secretaries of the Board of Pun- ishments, all of them special Imperial Commissioners deputed for the purpose, have signed and sealed these presents. ■ Done at Shanghai, this eightti 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. [SEAI..J William B. Eeed. / Kweiliang. ^ hwashana. [seal.] < ho-kwei-tsing. J Mingshen. ( Twan. 1868. TREATY CONCERNING TRADE, CONSULS, RELIGIOUS TOLERATION AND EMIGRATION, BEING ADDITIONAL ARTICLES TO THE TREATY OP JUNE 18, 1858. Concluded July 28, 1868 ; Batifications exchanged at Peking, November 23, 1869 ; Proclaimed February 5, 1870. Whereas since the conclusion of the treaty between the United States of America and the Ta Tsing Empire (China) of the eighteenth of June, 1858, circumstances have arisen showing the necessity of additional ar- ticles thereto, the President of the United States and the August Sove- reign of the Ta Tsing Empire, have named for their Plenipotentiaries to wit: The President of the United States of America, William H. Seward, Secretary of State, and His Majesty the Emperor of China, Anson Burlingame, accredited as his Envoy Extraordinary and Minister Pleni- potentiary, and Chih-Kang and Sun Chia-Ku, of the second Chinese rank, associated High Envoys and Ministers of his said Majesty ; and the said Plenipotentiaries, after having exchanged their full powers, found to be in due and proper form, have agreed upon the following articles : 180 TREATIES AND CONVENTIONS. AETIOLE I. His Majesty the Emperor of China, being of the opinion that, in making Treatment of oiti- concBSsions to the citizens or subiects of foreign powers of zenB of the United ,, ••-! if -T j_-j_ j_ jt t t , stateaintimeofwar. the privilege of rcsiding on certain tracts of land, or resort- ing to certain waters of that empire for purposes of trade, he has by no means relinquished his right of eminent domain or dominion over the said land and waters, hereby agrees that no such concession or grant shall be construed to give to any power or party which may be at war with or hostile to the United States the right to attack the citizens of the United States or their property within the said lands or waters. And the United States, for themselves, hereby agree to abstain from offensively attacking the citizens or subjects of any power or party or their prop- erty with which they may be at war on any such tract of land or waters of the said empire. But nothing in this article shall be construed to prevent the United States from resisting an attack by any hostile power or party upon their citizens or their property. It is further agreed that if any right or interest in any tract of land in China has been or shall hereafter be granted by the Government of China to the United States or their citizens for purposes of trade or commerce, that grant shall in no event be construed to divest the Chinese authorities of their right of jurisdiction over persons and property within said tract of land, except so far as that right may have been expressly relinquished by treaty. Abticlb II. The United States of America and His Majesty the Emperor of China, believing that the safety and prosperity of commerce wiU thereby best be promoted, agree that any privilege or immunity in respect to trade or navigation within the Chinese dominions which may not have been stipulated for by treaty, shall be subjecj; to the discretion of the Chinese Government and may be regulated by it accordingly, but not in a manner or spirit incompatible with the treaty stipulations of the parties. Article III. The Emperor of China shall have the right to appoint Consuls at ports Libertyofchinato of the Uultcd Statcs, who shall enjoy the same privileges appoint conauia. g^jj^ immumtics as thosc wMch are enjoyed by public law and treaty in the United States by the Consuls of Great Britain and Eussia, or either of them. Abtiole IV. The twenty -ninth article of the treaty of the eighteenth of June, 1858, Religions freedom havuig stipulatcd for the exemption of Christian citizens of in China. ^jjjg Umtcd Statcs and Chinese converts from persecutions in China on account of their faith, it is further agreed that citizens of the United States in China of every religious persuasion, and Chinese sub- jects in the United States shall enjoy entire liberty of conscience, and shall be exempt from all disability or persecution on account of their religious faith or ^orsjhip in ^i^her country^ Qemetieries for sepulture, of the dead, of whatever nativity or nationanty, shall be held in respect and free from disturbance^^ or profanation. CHINA,. 1868. 181 Akticle V. The United States of America and the Emperor of China cordially recognize the inherent and inalienable right of man to change his home and allegiance, and also the mutual advan- tiw^^e1"S tage of the free migration and emigration of their citizens """"^ and subjects respectively from the one country to the other for pur- poses of curiosity, of trade or as permanent residents. The high con- tracting parties therefore join in reprobating any other than an entirely voluntary emigration for these purposes. They consequently agree to pass laws making it a penal offence for a citizen of the United States or Chinese subjects to take Chinese subjects either to the United States or to any other foreign country, or for a Chinese subject or citizen of the United States to take citizens of the United States to China or to any other foreign country without their free and voluntary consent, respect- ively. Article VI. Citizens of the United States visiting or residing in China shall enjoy the same privileges, immunities or exemptions in respect to travel or residence as may there be enjoyed by the citizens "°°' """ °''"°°' or subjects of the most favored nation ; and, reciprocally, Chinese sub- jects visiting or residing in the United States shall enjoy the same priv- ileges, immunities and exemptions in respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favored nation. But nothing herein contained shall be held to confer natural- ization upon citizens of the United States in China, nor upon the sub- jects of China in the United States. ./ Article VII. Citizens of the United States shall enjoy all the privileges of the public educational institutions under the control of the Govern- mentofChina; and, reciprocally, Chinese subjects shall enjoy -J all the privileges of the public educational institutions under the control of the Government of the United States, which are enjoyed in the respective countries by the citizens or subjects of the most favored nation. The citizens of the United States may freely establish and maintain schools within the Empire of China at those places where foreigners are by treaty permitted to reside ; and reciprocally, Chinese subjects may enjoy the same privileges and immunities in the United States. Aetiole VIII. The United States, always disclaiming and discouraging all practices of unnecessary dictajtion and intervention by one nation in citizen, of the the affairs or domestic administration of another, do hereby Si'Atife'^TorBeS freely disclaim and disavow any intention or right to inter- w's'i^eitaiaaairs. vene in the domestic administration of China in regard to the construc- tion of railroads, telegraphs or other material internal improvements. On the other hand, His Majesty the Emperor of China reserves to him- self the right to decide the time and manner and circumstances of intro- ducing such improvements within his dominions. With this mutual understanding, it is agreed \)j the contracting parties that if at any time hereafter His Imperial Majesty shall determine to construct or cause to be constructed works of the character mentioned, within the empire, and shall make application to the United States or any other western power 182 TREATIES AND CONVENTIONS. for facilities to carry out that policy, the United States will* in that, case, designate and authorize suitable engineers to be employed by the Chinese Government, and will recommend to other nations an equal compliance with such application, the Chinese Government in that case protecting such engineers in their persons and property and paying them a reasonable compensation for their service. In faith whereof the respective Plenipotentiaries have signed this treaty and thereto affixed the seals of their arms. Done at Washington the twenty-eight day of July, in the year of our Lord one thousand eight hundred and sixty-eight. [seal.] William H. Seward. Anson Btjrlingame. [seal.] Chih-Kang. Sun Chia-Ktt. 1880. TREATY REGULATING CHINESE IMMIGRATION INTO THE UNITED STATES. Conclnded November 17, 1880; Batifications exchanged at Peking July 19, 1881 ; Proclaimed October 5, 1881. Whereas, in the eighth year of Hsien Feng, anno Domini 1858, a treaty of peace and friendship was concluded between the United States of America and China, and to which were added, in the seventh year of Tung Chih, Anno Domini 1868, certain supplementary articles to the advantage of both parties, which supplementary articles were to be perpetually observed and obeyed : — and Whereas the Government of the United States, because of the con- stantly increasing immigration of Chinese laborers to the territory of the United States, and the embarrassments consequent upon such im- migration, now desires to negotiate a modification of the existing Treaties which shall not be in direct contravention of their spirit : — Now, therefore, the President of the United States of America has appointed James B. Angell, of Michigan, John P. Swift, of California, and William Henry Trescot, of South Carolina as tis Commissioners Plenipotentiary; and His Imperial Majesty, the Emperor of China, has appointed Pao Chiin, a member of His Imperial Majesty's ''°*°""°"' Privy Council, and Superintendent of the Board of, CivU Office; and Li Hungtsao, a member of His Imperial Majesty's Privy Council, as his Commissioners Plenipotentiary ; and the said Commis- sioners Plenipotentiary, having conjointly examined their full powers, and having discussed the points of possible modification in existing Treaties, have agreed upon the following articles in modification. Article I. Whenever in the opinion of the Government of the United States, the Limitation and .us- comlug of Ohincse laborers to the United States, or their So"„''of cum™°*ia: rcsidcnce therein, affects or threatens to affect the interests borers. Qf ^jjg^^ couutry, Or to endanger the good order of the said country or of any locality within the territory thereof, the Government of China agrees that the Government of the United States may regu- late, limit, or suspend such coming or residence, but may not absolutely CHINA, 1880. 183 prohibit it. ' The limitation or suspension shall be reasonable and shall apply only to Chinese who may go to the United States as laborers, other classes not being included in the limitations. Legislation taken in regard to Chinese laborers will be of such a character only as is necessary to enforce the regulation, limitation or suspension of immigra- tion, and immigrants shall not be subject to personal maltreatment or abuse. Article II. * Chinese subjects, whether proceeding to the United States as teachers, students, merchants or from curiosity, together with their body and household servants, and Chinese laborers who are ne»e'Ii&°in th'J now in the United States shall be allowed to go and come """^ ^'""^ of their own free will and accord, and shall be accorded all the rights, privileges, immunities and exemptions which are accorded to the citi- zens and subjects of the most favored nation. Aktiolb III. If Chinese laborers, or Chinese of any other class, now either perma- nently or temporarily residing in the territory of the United States, meet with ill treatment at the hands of any other ciiia"?r'[n \bl persons, the Government of the United States will exert all "°"° its power to devise measures for their protection and to secure to them the same rights, privileges, immunities and exemptions as may be en- joyed by the citizens cy subjects of the most favored nation, and to which they are entitled by treaty. Abticle IV. The high contracting Powers having agreed upon the foregoing arti- cles, whenever the Government of the United States shall Miugaiion of hard- adopt legislative measures in accordance therewith, such ie'&«LdbyS"ted measures will be communicated to the Government of China. ^'"^' Government. If the measures as enacted are found to work hardship upon the sub- jects of China, the Chinese Minister at Washington may bring the mat- ter to the notice of the Secretary of State of the United States, who will consider the subject with him ; and the Chinese Foreign Ofttce may also bring the matter to the notice of the United States Minister at Peking and consider the subject with him, to the end that mutual and unquali- fied benefit may result. In faith whereof the respective Plenipotentiaries have signed and sealed the foregoing at Peking in English and Chinese being three originals of each text of even tenor and date, the ratifications of which shall be exchanged at Peking within one year from date of its execu- tiOD. ' Done at Peking, this seventeenth day of liiTovember, in the year of our Lord, 1880. Kuanghsii, sixth year, tenth moon, fifteenth day. SEAL, SEAL.' SEAL.' SEAL.' 'SEAL.^ James B. Angell, John P. Swift. Wm. Henry Tkescot. Pao Chon. Li Hungtsao. 184 TREATIES AND. CONVENTIONS. 1880. TREATY CONCERNINa COMMERCIAL INTERCOURSB AND JUDICIAL PRO- CEDURE. Concluded Ifovemier 17, 1880 ; Batifteations exchanged at Peking Juhj 19, 1881 ; Froelaimed October 5, 1881. The President of the IJnited States of America and His Imperial Majesty the Emperor of China, because of certain points of incomplete- ness in the existing treaties between the two governments, have named as their commissiomers plenipotentiary, that is to say : The President of the IJnited States, James B. Angell of Michigan, John F. Swift of California, and William Henry Trescot of South Car- olina; His Imperial Majesty, the Emperor of China, Pao Chiin, a member of His Imperial Ma-jesty's privy council and Superintendent Negotiate™. ^^ ^-^^ board of civil office, and Li Hungtsao, a member of His Imperial Majesty's privy council, who have agreed upon and con- cluded the following additional articles : Article I. The Governments of the United States and China, recognizing the Extemionofcom- bcuefits of theiT past commercial relations, and in order b°A'h?lubjSo°f'co?. still farther to, promote such relations between the citizens Bideratioo. q^q^ subjccts of the two powers, mijtually agree to give the most careful and favorable attention to the representations of either as to such special extension of commercial intercourse as either may desire. Article II. The Governments of China and of the United States mutually agree. ■on of ^^^ undertake that Chinese subjects shall not be permitted op'Z^by'chkiMo to import opium into any of the ports of the United States; prohibited ^^^ citizens of the United States shall not be permitted to import opium into any of the open ports of China; to transport it from one open port to any other open port ; or to buy and seU opium in any of the open ports of China. This absolute prohibition, which extends to vessels owned by the citizens or subjects of either power, to foreign vessels employed by them, or to vessels owned by the citizens or sub- jects of either power and employed by other persons for the transporta- tion of opium, shall be enforced by appropriate legislation on the part of China and the United States; and the benefits of the favored nation clause in existing treaties shall not be claimed by the citizens or sub- jects of either powfir as against the provisions of this article. "Article IH. His Imperial Majesty the Emperor of China hereby promises and Tonnage Hud im. agrccs that uo other kind or higher rate of tonnage dues, port dutie. in China, qj, ^utics for Imports or exports, or coastwise trade shall be imposed or levied in the open ports of China upon vessels wholly be- longing to citizens of the United States ; or upon the produce, manu- factures or merchandise imported in the same from the United States ; or from any -foreign country ; or upon the produce, manufactures or CHINA, 1880. 185 merchandise exported in the same to the United States or to any foreign country ; or transported in the same from one open port of China to an- other, than are imposed or levied on vessels or cargoes of any other na- tion or on those of Chinese subjects. The United States hereby promise and agree that no other kind or higher rate of tonnage-dues or duties for imports shall be Tonnaw and im- imposed or levied in the ports of the United States upon DnuedSB.'" *' vessels wholly belonging to the subjects of His Imperial Majesty and coming either directly or by way of any foreign port, from any of the ports of China which are open to foreign trade,' to the ports of the United States ; or returning therefrom either directly or by way of any foreign port, to any of the open ports of China 5 or upon the produce, manufactures or merchandise imported in the same from China or from any foreign country, than are imposed or levied on vessels of other nations which make no discrimination against the United States in ton- nage-dues or duties on imports, exports or coastwise trade ; or than are imposed or levied on vessels and cargoes of citizens of the United States. Article IV. When controversies arise in the Chinese Empire between citizens of the United States and subjects of His Imperial Majesty, Ex-territorwity which need to be examined and decided by the public offl- statSintHaioUbelr cers of the two nations, it is agreed between the Govern- SSiacuT^'' °' ments of the United States and China that such cases shall be tried by the proper official of the nationality of the defendant. The properly au- thorized official of the plaintiff's nationality shall be freely permitted to attend the trial and shall be treated with the courtesy due to his posi- tion. He shall be granted all proper facilities for watching the proceed- ings in the interests of justice. If he so desires, he shall have the right to present, to examine and to cross-examine witnesses. If he is dissat- isfied with the proceedings, he shall be permitted to protest against them in detail. The law administered will be the law of the nationality of the officer trying the case. In faith whereof the respective plenipotentiaries have signed and sealed the foregoing at Peking in English and Chinese, being three originals of each text, of even tenor and date, the ratifications of which shall be exchanged at Peking within one year from the date of its execution. Done at Peking this seventeenth day of November, in the year of our Lord, 1880, Kuanghsii, sixth year, tenth moon, fifteenth day. Ratifications. SEAl, SEAL. SEAL. SEAL.' SEAL.' James B. Angbll. John P. Swept. Wm. Henry Tbescot. PAO CHtJN. Li HtTNGTSAO. COLOMBIA. 1824. t TREATY OF PEACE, AMITY, NAVIGATION AND COMMEECE. Concluded October 3, 1824; Batificatiom exchanged at Washington May 27, 1825; Proclaimed May 31, 1825. In the name of God, Author and Legislator of the Universe. The United States of America, and the Eepublic of Colombia, de- siring 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 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 Eichard Clough Anderson, junior, a citizen of the said States, and their Minister Plenipotentiary to the said Eepublic ; and the Vice-President of the Eepublic of Colom- Negotmtors. ^.^^ chargcd with the executive power, on Pedro Gual, Sec- retary of State and of Foreign Eolations, who, after having exchanged their said full powers in due and proper form, have agreed to the follow- ing articles: Article I. There shall be a perfect, firm and inviolable peace and sincere friend- ship between the United States of America and the Ee- DeclaratioQof amity. i-i* /»>~ii i • • tij_i j_ i n ,t • . public of Colombia, 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 Eepublic of Colombia desiring Most avored .a- to Hve lu pcacc 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 to 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. * The Republic of Colnmbia was divided in November, 1831, into the three inde- pendent republics of New Granada, Venezuela, and Ecuador. In 1862 New Granada changed its name to the United States of Colombia. t See notes "Abrogated, suspended or obsolete treaties.'' 186 COLOMBIA, 1824. 187 Article III. The citizens of the United States .may frequent all the coasts and countries of the Eepublic of Colombia, and reside and trade ^^^^ ^^ there, in all sorts of produce, manufactures and merchan- mer'™ a"d°n«v"S- dise, 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 subjects and citizens of the most favored nations. In like manner the citizens of the Eepublic of Colombia may frequent all the coasts and countries of the United States, 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 is or shall be obliged to pay; and they shall enjoy all the rights, privileges and exemptions in navigation and commerce, which the most favored nation does or shall enjoy, submitting them- selves, nevertheless, to the laws, decrees and usages there established, and to which are submitted the subjects and citizens of the most favored nations. Aeticle IY. It is likewise agreed that it shall be wholly free for all merchants, commanders of ships and other citizens of both countries, to manage themselves their own business, in all the ports ^"o?^TMi j_ J? -Tj- 3'j.- J. Indemnity to ves- chandises or effects, for any military expedition, nor lor any seis detained by em public or private purpose whatever, without allowing to those interested 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, ports or Asymm toveB»ei., dominions of the other, with their vessels, whether merchant '° ■''"""■ 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, procuring pro- visions, 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 one of the contracting parties, which may be captured- by pirates, c a „ t u r » » b y 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 188 TREATIES AND CONVENTIONS. dominions, of the other, shall be delivered up to the owners, they prov- ing 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 VIII. When any vessel belonging to the citizens of either of the contracting parties shall be wrecked, foundered, or shall suffer any dam- shipwrecks. ^^^ ^^ ^j^^ 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 merchandises and effects, without exacting for it any duty, impost or contribution whatever, until they may be exported. Abticle IX. The citizens of each of the contracting parties shall have power to Property of citi- dlsposo of theu" persoual goods within the jurisdiction of the tTr'r°to°y°?r'°thS other, by sale, donation, testament or otherwise, and their other. representatives, being citizens of the other party, shall suc- ceed 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, and dispose of the same at their wiU, 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 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 rights of detraction, on the part of the government of the respective States. Akticle X. Both the contracting parties promise and engage formally to give their Special protection spcclal protcctiou to the persons and property of the citizens ?atii'B''nter?i'toS'°of of cach othcr of all occupations, who may be in the territo- theotiier. pjgg gubjcct to thc jurisdictiou of the one or the other, tran- sient 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 opportu- nity to be present at the decisions and sentences of the tribunals, inall cases which may concern them, and likewise at the taking of all exam- inations and evidence which may be exhibited in the said trials. Article ^XI. It is likewise agreed that the most perfect and entire security of con- ReligioaH freadoin. science shall be enjoyed by the citizens of both the contract- ing parties in the countries subject to the jurisdiction of the one and the other, without their being liable to be disturbed or molested COLOMBIA, 1824. 189 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 firom violation or disturbance. Article XII. It shall be lawful for the citizens of the United States of America and of the Eepublic of Colombia to sail with their ships with all pri,i,eKs „r „,„. manner of liberty and security, no distinction being made t"i»i»t™«°f *"• 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 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 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 mapner, 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 applying to those powers only who recognized this princi- ple; 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 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 not protofSelJii'i 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 declara- tion 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 gbods a-nd mefchstadises, df the neutral, em- barked in such enemy's ships, shall be free. 190 TREATIES AND CONVENTIONS. Article XIV. This liberty of navigation and commerce shall extend to all kinds of Contraband arti- metchandises, excepting those only which are distinguished °'^»- by the name of contraband ; and 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, lances, spears, hal- berds and grenades, 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 any 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, Bio.:k»de. shall be held and considered as free, and subjects of free and lawful commerce, so that they may be carried and t:^ansported 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 Neutral vessels not T^^J bc fouud lu a vosscl bouud for an enemy's port", shall °Jter"eiivery'of'c'o°,? bc subjcct to detcution and confiscation, leaving free the rest traband articles, qj ^^q cargo aud thc ship, that the owners may dispose of them as they see proper. 'So 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 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 re- ceived on board the capturing ship without great inconvenience; but in this and in all other cases of just detention, the vessel detained shaU be sent to the nearest convenient and safe port for trial and judgment ac- cording to law. Article XVII. And whereas it frequently happens that vessels sail for a port or place Neutral vessels at bclougiug to au oncmy, without knowing that the same is blockaded ports, besicgcd, blockadcd 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 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 en- tered into such port before the same was actually besieged, blockaded COLOMBIA, 1824. 191 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 re- stored 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 visitation «nd 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 out of cannon shot, and may send its boat with two or three men only in order to execute tlie 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 sufacient 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 XIX. To avbid all kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to p„,„6 „f „,„„„. the 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 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 offtcers 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 shaU-be satisfied or supplied by testimony entirely equivalent. Article XX. It is further agreed, that the stipulations above expressed relative to the visiting and examination of vessels, shall apply only to Notsubjeottovisi- 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 uo contraband goods on board, shall be sufficient- 192 TREATIES AND CONVENTIONS. Ajbticlb 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, com"lteM°i?p°riM 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. Aeticlb XXII. Whenever one of the contracting parties shall be engaged in war with another State, no citizen of the other contracting party shall Letters of marque. , ' . . i ,, « n j.i_ n 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. Abticle XXIII. If by any fatality, which cannot be expected, and which God forbid,' prwiieses of oiti- the two coutracting partlcs should be engaged in a war with tlr^itt^oftlSou.S each other, they have agreed, and do agree, now for then, in time of war. ^jj^t thcrc shall bc allowcd 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 busi- ness 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 occu- pations who may be established in the territories or dominions of the United States, and of the Eepublic of Colombia, shaU 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. Aetiole XXIV. Neither the debts due from individuals of the one nation to the indi- Debt. and securi ^1*1^^1^ ^f thc othcr, uor sharcs, nor moneys, which they may tii^^otto'be'Ss." have in public funds, nor in public or private banks, shall cated in time of war. . i c n , • t-i*/v> i ever, m any event of war or of national difference, be seques- tered or confiscated. Article XXV. Both the contracting parties being desirous of avoiding all inequality * Most favored na- in rclatiou to thclr public communications and official inter- ded".M'pub?fc''mra: coursc, have agreed, and do agree, to grant to the envoys, ister,. ministers and other public agents the same favors, immu- nities 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. COLOMBIA, 1824. 193 r Aeticle XXVI. To make more effectual the protection which the United States and the Eepublio of Colombia shall afford in future to the navi- Liberty to appomt 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 mo^t 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. Abticle XXVII. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, preijogatives and immunities which belong to them by their public character, they shall, ExemiturB. 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. Aeticle XXVIII. It is likewise agreed that the Consuls, their secretaries, officers and persons attached to the service of Cj)nsuls, they not being appointing them. citizens of the country in which the Consul resides, shall be cit^?p?of tfi'sSes 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 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 XXIX. 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, andfor 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. 3769 TE 13 194 TKEATIES AND CONVENTIONS. Article XXX. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as a^coneSafS^vS soou hereafter as circumstances will permit them, to form a ""■^ consular convention, which shall declare specially the pow- ers and immunities of the Consuls andVice-Oonsuls of the respective parties. Aktiolb XXXI. The United States of America and the Eepublic of Colombia, 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 : First. The present treaty shall remain in full force and virtue for the term of twelve years, to be counted from the day of the Durauoa of treaty, g^chauge of thc ratiflcatious, in all the parts relating to commerce and navigation; and in all those parts which relate to peace and friendship, it shall be permanently and perpetually binding on both powers; Second. K any one or more of the citizens of either party shall in- fringe any of the articles of this treaty, such citizen shall be bASSofViS held personally responsible for the same, and the harmony lafon. ^^^ 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; Third. 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 oftiended shall first have presented to the other a statement of s,uch injuries or damages, verified by competent proof, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed; Fourth. Nothing in this treaty contained shall, however, be con- strued 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' Katificatiou. ^^ ^^^ Prcsidcnt of the Eepublic of Colombia, with the con- " °'"'°°' sent and approbation of the Congress of the same, and the ratifications shall be exchanged in 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 EepubUc ot Colombia. SEAXi. SEAL. ElCHAED CLOTJGn ANDERSON, JB. Pedeo Gital. NEW GRANADA 1846. TEEATY OF PEACE, AMITY, NAVIGATION AND COMMERCE. Concluded December 12, 1846; Ratifications exchanged at Washington June 10, 1848 ; Proclaimed June 12, 1848. The United States of North America and the Eepublic 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. For 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 d' Affaires in Bogota ; and the President of the Eepublic of New Granada has conferred similar and equal powers upon Manuel Maria Mallarino, Secretary of State and Foreign Eelations; who, after having exchanged their said fall powers in due form, have agreed to the following articles : Aktiole I. There shall be a perfect, firm and inviolable peace and sincere friend- ship between the United States of America and the Eepub- Declaration lie of New Granada, in all the extent of their possessions and °' '"°"*- territories, and between their citizens respectively, without distinction of persons or places. Aeticlb II. The United States of America and the Eepublic of New Granada, desiring to live in peace and harmony with all the nations most favored ,«■ 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. Aeticle III. The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries on the liberal basis of perfect equality and reciprocity, mu- mS aTd°naMg™; tuaUy agree that the citizens of each may frequent all the "°°' coasts and countries of the otiier, and reside and trade there, in all kinds 195 196 TREATIES AND CONVENTIONS. of produce, 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. Aeticle IV. They likewise agree that whatever kind of produce, manufacture or No discrimmation J^^rchaudise of any foreign country can be, from time to in''^w'£™dTi!'- time, lawfully imported into the United States in their own nase ut.es. vesscls, fflay be also imported in vessels of the Eepublic of Ifew Granada; 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 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 Eepublic of New Granada 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 the one country in its own vessels to any No discrimination n • i • 1^^ t j-i in bounties^ dutiea forcigu couutry, may m 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 Grajuada. Article V. No higher or other duties shall be imposed on the importation into the Ko diacrimtaation ^^^^^^ States of auy artlclcs the produce or manufacture of in dutiero"°i'mJor°i° the Eepubllc of New Granada, and no higher or other duties an export.. ghall bc Imposcd 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 pro-' duce ®r 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 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. Aeticle VI. In order to prevent the possibility of any misunderstanding, it is hereby Reciprocal appii- dcclared that the stipulations pontained in the three preced- Ti^iM^'iv"!!' ing articles are to their full extent applicable to the vessels ^^- 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, 1846. 197 New Granada and their cargoes arriving in the ports gf 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, . . ^ ^ ^^ . . to manage, by themselves or agents, their own business in ^lpf^J^t^« 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 merchandise by wholesale or retail, as with respect to the loading, unloading and sending off their ships j they being, in all these oases, 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 tkvored 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 teJS ™SS'S 1^. ..' ij_ .j_i i_ -t-t • .L veBselfl by embargo. pubuc 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 be forced to seek refuge or assylum in the rivers, bays, ports, or i„,„p g„„ted ,„ dominions of the other with their vessels, whether merchant '"■"'" i" •"»'""•■ 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, captures by pu whether within the limits of its jurisdiction or on the high """• seas, and m?iy be carried or found in the rivers, roads, liays, ports or dominions of the other, shall be delivered up to the owners, they prov- ing in due and proper form 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. 198 TEEATIES AND CONVENTIONS. Article XI. When any vessels belonging to the citizens of either of the contracting Shi wrecks partlcs shall be wrecked or foundered, or shall suffer any .pwrec 8. 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 shajl have power to dis- property of citi- posc of thclr pcrsoual goods or real estate within the juris- fn°?6?rito°ry oT'lhS dictiou of thc otfacr, by sale, donation, testament or other- other. ^^gg . g^jj^ their representatives, being citizens of the other party, shall succeed to their said personal goods or real estate, whether by testament or ah 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. Article XIII. Both contracting parties promise and engage formally to give their Special protection spcclal protcction to the persons and property. of the citi- l°on"f "t'e^to°ry"rf zcus of cach othcr, of aU occupations, who may be in the ter- the other. ritorics subject to the jurisdiction of one or the other, tran- sient or dwelling therein, leaving open and free tothem 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 ; 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 decis- ions 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. Article XIV. The citizens of the United States residing in the territories of the • Eepublic of TSew Granada shall enioy the most perfect and Kehgioua freedom. _r. -j. j» "• "at i. t ■ t entire security of conscience, without being annoyed, pre- 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, 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 Republic 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 NEW GRANADA, 1846. 199 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 Ifew 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 in the chapels and places of worship appointed for that purpose, agreeably to the laws, usages, and customs of the tJnited States. Article XV. It shall be lawful for the citizens the United States of America and of the Eepublic of New Granada to sail with their ships with j.,m^„ or „„. 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 lawful for the citi- zens 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 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 totheenemies 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 bfi 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 iiag of the neutral shall cover the property of enemies whose governments acknowledge this principle, and not of others. Article XYI. It is likewise agreed that, in the case where the neutral flag of one of the contracting parties shall protect the property of the ene- mies of the other, by virtue of the above stipulation, it shall notTrowct \Z^ot always be understood that the neutral propeirty 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 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 ship shall be free. 200 TEEATIES AND CONVENTIONS. Article XVII. This liberty of navigation and commerce shall extend to all kinds of contraband oods ™erchandise, excepting those only which are distinguished contraban goods. ^^ ^^^ DamB of contrabajtid ; and under this name of contra- band, or prohibited goods, shall be comprehended — 1st. Cannons, mortars, howitzers, swivBls, blunderbusses, muskets, rides, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and grenades, bombs, powder, matches, balls and all other things be- longing 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 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. 5th. Provisions that are imported into a besieged or blockaded place. Aeticle XVIII. All other mei-chandise, and things not comprehended in the articles of Right of neutral to coutrabaud, explicitly enumerated and classified as above, Jrtider'norSra" shall bc 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 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 Neutral vessels not T^^J bc fouud lu a vosscl bouud for an enemy's port, shall ■feliwe?y o'fcon" bc subjcct to detcntion and confiscation, leaving free the rest traband articles. (jf ^jjg cargo aud thc sMp, 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 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 large 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 Blockade belonging to an enemy, without knowing that the same is 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 ofQcer of the blockading forces, she shall again attempt to enter ; but she shall be permitted to go to any NEW GRANADA, 1846. 201 other port or place she shall think proper. Nor shall aoy vessel that may have entered into such port before the same was actually besieged, blockaded, or Invested by the otlier, 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 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 vi,ita,ion >„i the high seas, they have agreed mutually that whenever 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 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 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 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 puri^ose 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 the citi- ^^^or^Mi^naM, zens of the two contracting parties, they have agreed, and "f'^'^''- 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 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 the visiting and examination of vessels shall apply only to Neutral vessels those which sail without convoy; and when said vessels shall i'^^ ^"'vYJ, 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 they may be bound to an enemy's port that they have no contraband goods on board, shall be sufficient. not visitation and eearch. 202 TREATIES AND CONVENTIONS. . Article XXIV. It is farther agreed that in all cases the established courts for prize J, . ^ causes, in the country to which the prizes may be conducted, compete™"? p"S shall alouo take cognizance of them. And whenever such °°°'°°- 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 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. Aeticle XXV. For the purpose of lessening the evils of war, the two high contract- Restrictionofho. ^"^ paxtles furthcr agree that, in case a war should unfor- tiS"?o'°°ommi'' 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. Article XXVI. Whenever one of the contracting parties shall be engaged in war with another State, no citizen of the other contracting party shall Letters 01 mArque, , '.. ij_j_^ j?j,i i» accept a commission or letter of marque for the purpose of assisting or cooperating 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 Treatraent of citi- two coutractlug partlcs should be engaged in a war with each StS^rJof the other otfaer, thcy have agreed and do agree now for then, that there in time of war. shall bo allowcd 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 or of New Granada, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their par- ticular conduct shall cause them to forfeit this protection, which, in con- sideration of humanity, the contracting parties engage to give them. Article XXVIII. Neither the debts due from individuals of the one nation to theindi- Debtsandseciirities viduals of thc othcr, uor shares, nor money, which they may cS' inTim^'of 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. NEW GRANADA, : 1846. 203 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; it being understood that whatever favors, immunities or privileges the United States of America or the Eepublic 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. Akticlb XXX. To make more effectual the protection which the United States and the Eepublic of New Granada shall afford in future to the Liberty » appoint navigation 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, pre- rogatives and immunities of the Consuls and Yice-Consuls of the most favored nation ; each contracting party, however, rem^ijining 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 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 persons attached to the service of Consuls, they not being cit- ^.^^^ ^^ ^^^^^^ izens of the country in which the Consul resides, shall be citiz'In^ofthSee 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 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 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 204 TREATIES AND CONVENTIONS. 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 beset at liberty, and shall be no more arrested for the same cause. Article XXXIV. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree to a/toSav'cSrSi' form, as soon hereafter as circumstances will permit, a con- "°" sular convention, which shall declare specially the powers and immunities of the Consuls and Vice-Consuls of the respective parties. Article XXXV. The United S^tes of America and the Eepublic of New G-ranada, 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 : 1st. For the better understanding of the preceding articles, it is and has been stipulated between the high contracting parties, jsthmus of ran- ^jj^t thc cltizcns, vessels and merchandise of the United States shall enjoy in the ports of Iffew Granada, including those of the part of the Granadian territory generally denominated Isthmus of Panama, from its southernmost extremity until the bound- ary of Costa Eica, all the exemptions, privileges and immunities con- cerning commerce and navigation, which are now or may hereafter be enjojedby Granadian citizens, their vessels and merchandise; and that this equality of favors shall be made to extend to the passengers, corre- spondence 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, manufact- ures or merchandise, of lawful commerce, belonging to the citizens of the United States ; that no other tolls or charges shall be levied or col- lected upon the citizens of the United States, or their said merchandise thus passing over any road or canal that may be made by the Govern- ment of New Granada, or by the authority of the same, than is, under like circumstances, levied upon and collected from the Granadian citi- zens; that any lawful produce, manufactures or merchandise, belong- ing 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 whatever; or, having paid such duties, they shall be entitled to drawback upon their exportation; nor shall the citizens of the United States be liable to any duties, tolls or charges of any kind, to which native citizens are not subjected for thus passing the said Isthmus. And, in order to secure to themselves the tranquil and constant enjoyment of these advan- NEW GRANADA, , 1846. 205 tages, and as an especial compensation for the said advantages, and for the favors they have acquired by the 4th, 5th, and 6th articles of this treaty, the United States guarantee, positively and efQcaciously, to Kew Granada, by the present stipulation, the perfect neutrality of the before-mentioned ishtmus, 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 Kew 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 ratifications ; and from the same day the treaty that was con- numtion or treat?. eluded between the United States and Colombia, on the thir- teenth of October, 1824, shall cease to have effect, notwithstanding what was disposed in the first 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 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 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 ^,„,„,i^„„ri„^iy personally responsible for the same, and the harmony and b7c°ti2en°SfSter good correspondence between the nations shall not be inter- rupted thereby ; each party engaging in n,o way to protect the offender, or sanction such violation. 5th. 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 considering itself offended shall have laid before the other a statement of such injuries or dam- ages, 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. Anyspecial or remarkable advantage that one or the other, power may enjoy from the foregoing stipulation, are and ought to be always understood in virtue and a? in compensation of the obligations they have just contracted, and which have been specified in the first number of this article. Aktiole 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 appro- Ratisotion. bation 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 signature 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. SEAL. SEAL. B. A. BiDLACK. M". M. Mallabino. 206 TREATIES AND CONVENTIONS. ADDITIONAL AETIOLE. The EepubUcs of the United States and of New Granada will hold and Proof of natioMi. admit as national ships of one or the other, all those that ityofvosBoi.. shall be provided by the respective Government 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 ratification shall be exchanged at the same time. In witness whereof, the respective Plenipotentiaries have sighed the 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. SEAI,."" ~ SEAL. B. A. BiDLACK. M. M. Mallaeino. 1850. CONVENTION CONCERNING THE RIGHTS AND PRIVILEGES OF CONSULS. Concluded May 4, 1850; Ratifications exchanged at Bogota October 30, 1851 J Proclaimed December 5, 1851. In the name of the Most Holy Trinity. The Governments of the Eepublics of New Granada and the United States of America, having engaged by the thirty-fourth article of the treaty of peace, amity, navigation and commerce, concluded on the twelfth 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 N tiato« d' Affaires in the United States, and the Government of the Newitiato™. United States, to John M. Clayton, Secretary of State ; Who, after the exchange and examination of their fall powers, found to be sufficient and in due form, have agreed upon the following articles : Article I. Each, of the two contracting Eepublics may maintain in the principal Liberty to appoint citics Or commerclal places of the other, and in the ports coMoi^ open to foreig^n commerce. Consuls of its own, charged with the protection of the commercial rights and interests of their nation, and to sustP'in 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 Eepublio may, however, except those cities, places or ports in which it may consider the resi- dence of such functionaries inconvenient, such exception being common NEW GRANADA, 1850. 207 to all nations. All that is said in this convention of Consuls in general shall be considered as relating not only to Consuls, properly so called, but to Consuls-Geineral 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- ment of the Eepublic in which they are to reside their let- Exequaturs. 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" phief 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 prerogatives, 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 reasonable ground for the proceeding. Article III. The Consuls admitted in either Eepublic may exercise in their resi)ec- tive districts the following functions : Privileges or con- 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 lifational Government through the diplomatic agent of their nation, c4"B'to"g°6°eru^ ■ /»iT -, '-^T, iT«/».i» 1 I mental authorities. II there be any, or directly, if there be no such agent, against any abuse on the part of the authorities 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 justice 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 om°^^oi «■«? uL cases in which their support may be necessary. 4. They may accompany the captains, mates or masters of vessels of their nation in aU 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 i"""""'""" individuals of their nation respecting mercantile affairs. These docu- ments, drawn up in authentic copies, certified by the' Consul, shall be 208 TREATIES AND CONVENTIONS. admitted iu 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 at sea by effects and merchandise shipped in vessels of the na- aee» MffeS by v™- tlou ju whosc scrvicc the Consul is employed arriving at the .e]»ateea. place of hls rcsideuce, provided that there be no stipula- tions to the contrary between the shippers, owners and insurers. But if, among the persons interested in such losses and injuries, there should be inhabitants of the country where the Consul resides, and not belong- ing 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 arising between their fellow-countrymen, provided that those PMe'^?''tetweS ciu- persons agree voluntarily to submit to such arbitration ; in MM of their nation, ^jjjgjj gg^gg ^]jg documeut Containing the decision of the Con- sul, authenticated 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. 8. They may cause proper order to be maintained on board of vessels p„„„aofcon.ni3 o{ thclr uatiou, and may decide on the disputes arising be- T^h, 'Sr''Z,1^, tween the captains, the officers and the members of the and' crews. crcw, uulcss the disorders taking place on board should disturb the public tranquillity, or persons not belonging to the crew or to the nation in whose 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 na- tion which may be wrecked, on the coasts of the district Shipwrecks. w^here the Consul resides. In such cases the local authori- ties shall interfere only in order to maintain tranquillity, to give security to the interests of the parties concerned, and to cause the dispositions which should be observed for the entry and export of the property to be fulfilled. In the absence of the Consul, and until his arrival, the said authorities shall take all the measures necessary for the preserva- tion 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 nf^ne'nation'tato- the movablc propcrty of individuals of their nation who may iitory of the other. ^^^ ^^ ^-^^ couutry whcre the Consul resides without leaving executors appointed by their will or heirs-at-law. In all such proceed- ings, 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 receive from bis 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 NEW GRANADA, 1850. 209 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 re- spective authorities, 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 vorifiratioi. a»d which may have been given by the authorities. They may """"''^ of p-par.. also give bills of health, if necessary, to vessels sailing from the port where the Consul resides to the ports of 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 oi mentS. secretary. 14. They may appoint commercial agents to employ aU the means in their power,' in behalf of individuals of the nation in whose Anointment o. service the Consul is, and for executing the commissions "=<'»'"«'■"»•»«="•■ 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 the prerogatives conceded to Consuls, but only those which are peculiar to commercial agents. Article TV. The Consuls of one of the contracting Kepublics residing in another country may employ their good ofiSces in favor of individuals of the other Republic which has no Consul in that country. AUTICLE V. The contracting Kepublics recognize no diplomatic character in Con- suls, for which reason they will not enjoy in either country the immunities granted to public agents accredited in that wrthTp'iomatlerunc^- character ; but, in order that the said Consuls may exercise their proper functions without difficulty or delay, they shall enjoy the following prerogatives : 1. The archives and papers of the consulate shall be inviolable, and cannot be seized by any functionary of the country in which 4-t^»^ -..,^-, Tv„ Consular arcliivea. 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 they reside. 3. The Consuls and their chancellors or secretaries shall be exempt from all public service, and from contributions, personal and extraordinary, imposed in the country where they reside, sn^'n m^t^onus; 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 oflces of justice, they shall be summoned in writing. 5. In order that the dwellings of Consuls may be easily and generally known, for the convenience of those who may have to resort to them, they shall be allowed to hoist on them the flag, and ^™' °°' ""'■ to place over 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 3769 TK 14 210 TREATIES AND CONVENTIONS. who sLall 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 the same manner as the other inhabitants. Aeticle 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 pas»port». 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 have been given to the Consul; and they 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. Aeticle VIII. The present convention shall be ratified by the Grovernments of the two contracting Eepublics, and the ratifications shall be Ratincat.o™. exchanged at Bogota within the term of eighteen months, counted from this date, or sooner if possible. Aeticle IX. The present convention shall be binding upon the contracting parties so long as Ijhe treaty of peace, friendship, navigation and DmatiDi. of tr«aty. (,Q^,Qjgj.(jg betwccu thc Unitcd states and New Granada, the 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 at Washington, the fourth day of May, in the year of our Lord one thousand eight hundred and fifty. SEAL. SEAL. John M. Clayton. Eapael Eivas. 1857. CONVENTION CONCERNING THE ADJUSTMENT OF CLAIMS AGAINST XHE republic of new GRANADA. Concluded September 10, 1857; Eatification exchanged at Washington, November 5, 1860 ; Proclaimed November 8, 1860. The United States of America and the Eepublio of New Granada, desir- ing to adjust the claims of citizens of said States against New Granada, 3,n4 to cement the good understanding which happily subsists between NEW GHANADA, 1857. 211 the two Kepublics, have, for that purpose, appointed and conferred full powers, respectively, to wit : The President of the United States upon Lewis Oass, Secretary of State of the United , States, and the President of New NsBotiBtor. Granada upon General Pedro A. Herran, Envoy Extraor- dinary and Minister Plenipotentiary 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- ^^ ^.^^ ^^ ^^^ nada, which shall have been presented prior to the first day ciSm^TSe °co„Sl of September, 1859, either to the Department of Statei 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 fifteenth of April, 1856, for which the said Government of New Granada acknowledges its liability, arising out of its privilege and obli- gation to preserve peace and good order along the transit route, shall be referred to 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 Government of New Granada. In case of the death, absence or incapacity of either Commissioner, or in the event of either Commis- sioner 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 within ninety days from the exchange of the ratifications of Time for meeting this convention, and, before proceeding to business, shall »r commissioner.. 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 oases on which they may differ Appointment or »» in opinion, And if they cannot agree in the selection, the "'■'"»'"• Umpire 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 examine and determine the claims which may be presented i,„tie. or commis. 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 of Panania of April 212 TKEATIES AND CONVENTIONS. 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 certificaM. of virtuo of thclr awards to the claimants, and the aggregate »"""'■ amount of said sums shall be paid to the Government of the United States, at Washington, in equal semiannual 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 of the contract between the Eepublic 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 Duration of Com- months froffl aud includiug thc day of Its orgamzatiou J shall mission. keep an accurate record of its proceedings, and may appoint a secretary to assist in the transaction of its business. Article V. The proceedings of this Commission shall be final and conclusive with Decisions to be rcspcct to all the claims before it, and its awards shall be a ""''• full discharge to New Granada of all claims of citizens of the United States against that Eepublio which may have accrued prior to the signature of this convention. Article VI. Bach Government shall pay its own Commissioner, but the Umpire, as well as the incidental expenses of the Commission, shall be Expense.. paid, onc-half by the United States, and the other half by New Granada. * Article VII. The present Convention shall be ratified, and the ratifica- Ratifications. ■ ■ -t t • txt _ i • j. tions exchanged m Washington. In faith whereof, we, the respective Plenipotentiaries, have signed this convention, and have hereunto affixed our seals. Done at Washington, this tenth day of September, in the year of our Lord one thousand eight hundred and fifty-seven. [SEAL.] Lew. Cass. [SEAL.] P. A. HBRRAN. COLOMBIA, 1864. 213 1864. CONVENTION CONCERNING THE ADJUSTMENT OF CLAIMS AGAINST THE UNITED STATES OF COLOMBIA; SUPPLEMENTAL TO THE CONVENTION OF SEPTEMBER 10, 1857. Concluded February 10, 1864; Ratifications excliamged at Washington August 19, 1865; Proclaimed August 19yl?i&b. Whereas a Convention for the adjustment of claims was concluded between the United States of America and the Eepublic of Few Gra- nada, in the city of Washington, on the tenth of September, 1857, which convention, as afterward amended by the contracting parties, was pro- claimed by the President of the United States on the 8th November, 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 th^m 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 Few Granada, 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. Seward, Secre- tary of State of the United States of America, and the Na,otmtors. President of the United States of Colombia, Senor Manuel MuriUo, Envoy Extraordinary and Minister Plenipotentiary of the United States of Colombia; Who, having exchanged their full powers, 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 commis- ExuMion or tern. sion, shall be extended for a period not exceeding nine "fcomnussion. months from the exchange of ratifications of this convention, it being agreed that nothing in this article contained shall in any other wise alter the provisions of the convention above referred to; and that the contracting parties 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. R^t-fi™"""'- In witness whereof the respective Plenipotentiaries have signed the same, and have hereunto affixed their seals. Done at Washington this tenth day ot February, in the year of our Lord one thousand eight hundred and sixty-four. SEAL.] Wm. H. Seward. SEAL,] M. MXTRILLO. CONGO. 1884. DECLARATION AS TO THE INTENTION OF THE INTERNATIONAL ASSOCI- ATION OP THE CONGO AND THE RECOGNITION OF ITS FLAG BY THE UNITED STATES, SIGNED APRIL 23, 1884. Declaration hy the International Association of the Congo. The International Association of the Congo, hereby declares that by Treaties with the legitimate sovereigns in the basins of the Congo and of the Madi-Kiahm and in adjacent territories upon the Atlantic, there has been ceded to it, territory for the use and benefit of free States es- tablished, and being established, under the care and supervision of the said Associatioii in the said basins and adjacent territories, to which cession the said free States of right succeed. That the said International Association has adopted for itself and for the said Free States, as their standard, the flag of the International African Association, being a blue flag with a golden star in the center. That the said Association and the said States have resolved to levy no Custotn-House duties upon goods or articles of merchandise imported into their territories or brought by the route which has been constructed around the Congo cataracts ; this they have done with a view of enabling commerce to penetrate into Equatorial Africa. That they guarantee to foreigners settling in their territories the right to purchase, sell or lease, lands and buildings situated therein, to estab- lish commercial houses and to there carry on trade upon the sole condi- tion that they shall obey the laws. They pledge themselves, moreover, never to grant to the citizens of one nation any advantages without im- mediately extending the same to the citizens of all other nations, and to do all in their power to prevent the Slave-trade. In testimony whereof, Henry S. Sanford, duly empowered therefor, by the said Association, acting for itself and for the said Free States, has hereunto set his hand and affixed his seal, this twenty-second day of April, 1884, in the city of Washington. [SEAL.] H. S. Sanford. Recognition of the flag hy the United States. Frederick T. Frelinghuysen-, Secretary of State, duly empowered therefor by the President of the United States of America, and pursu- ant to the advice and consent of the Senate, heretofore given, acknowl- edges the receipt of the foregoing notification from the International 214 CONGO, 1884. 215 Association of the Congo, and declares that, in harmony with the tradi- tional policy of the United States, which enjoins a proper regard for the commercial interests of their citizens while, at the same time, avoid- ing interference with controversies between other powers as well as alli- ances with foreign nations, the Government of the United States an< nounces its sympathy with, and approval of, the humane and benevolent purposes of the International Association of the Congo, administering, as it does, the interests of the Free States there established, and will order the officers of the United States, both on land and sea, to recog- nize the flag of the International African Association, as the flag of a friendly Government. In testimony whereof, he has hereunto set his hand and affixed his seal, this twenty-second day of April, A. D., 1884, in the city of Wash- ington. fSEAL.] Fkedk. T. Feelinghuysen. OOEEA. 1882. TREATY OF PEACE, AMITY, COMMERCE AND NAVIGATION. Concluded May 22, 1882 j Batifications exchanged at SSonl, May 19, 1883; Proclaimed June 4, 1883. The United States of America and the Kingdom of Chosen, being sincerely desirous of establishing permanent relations of amity and friendship between their respective peoples, have to this end appointed — that is to say, the President of the United States, E. W. Shufeldt, Com- Ne otiators modore, U. S. K"avy, as his Commissioner Plenipotentiary; eBotiators. ^^^ g..^ Majesty, the King of Chosen, Shin-Chen, President of the Eoj'^al Cabinet; Chin-Hong- Chi, Member of the Eoyal Cabinet, as his Commissio.ners Plenipotentiary, who, having reciprocally exam- ined their respective full powers, which have been found to be in due form, have agreed upon the several following articles: Aetiole I. There shall be perpetual peace and friendship between the President Declaration of am- of the Uultcd Statcs aud the King of Chosen and the citi- '"■'■ zens and subjects of their respective Governments. , If other Powers deal unjustly or oppressively with either Govern- ment, the other will exert their good offices, on being informed of the case, to bring about an amicable arrangement, thus showing their friendly feelings. Article II. After the conclusion of this Treaty of amity and commerce, the High Liberty to appoint Contractiug Powcrs may each appoint Diplomatic Eepre- dipiomatic^and ran- gentativcs to rcsldc at the Court of the other, and may ''"=»■ each appoint Consular Eepresentatives at the ports of the other, which are open to foreign commerce, at their own convenince. These officials shall have relations with the corresponding local au- Mo.t favored na- thorities of CQual rauk upon a basis of mutual equality. tion. rjyj^Q Diplomatic and Consular Eepresentatives of the two Governments shall receive mutually all the privileges, rights and im- munities, without discrimination, which are accorded to the same classes of Eepresentatives from the most favored nation. Consuls shall exercise their functions only on receipt of an exequatur conauis from the Government, to which they are accredited. Con- sular authorities shall be bona fide officials. No merchants shall be permitted to exercise the duties of the office, nor shall Consular officers be allowed to engage in trade. At ports to which no Consular 216 COREA, 1883. 217 Eepresentatives have been appointed, the Consuls of other Powers may be invited to act, provided, that no merchant shall be allowed to assume Consular functions, or the provisions of this treaty may, in such case, be enforced by the local authorities. If Consular Eepresentatives of the United States in Chosen conduct their business in an improper manner, their exequaturs may Revoc»tionofco„ be revoked, subject to the approval, previously obtained, of '""' ^''^-'""" the Diplomatic Eepresentative of the TJnited States. Article III. Whenever United States vessels, either because of stress of weather or by want of fuel or provisions, cannot reach the nearest open port in Chosen, they may enter any port or harbor, vetslisofSeSed either to take refuge therein, or to get supplies of wood, coal ^"'^ and other necessaries, or to make repairs, the expenses incurred thereby being defrayed by the ship's master. In such event the officers and people of the locality shall display their sympathy by rendering full assistance, and their liberality by furnishing the necessities required. If a United States vessel carries on a clandestine trade at. a port not open to foreign commerce, such vessel, with her cargo, shall cunde.ti.,e trade. be seized and confiscated. If a United States vessel be wrecked on the coast of Chosen, the local authorities, on being informed of the occurrence, shaU immediately render assistance to the crew, provide for their stuwrecks. present necessities, and take the measures necessary for the salvage of the ship and the preservation of her cargo. They shall also bring the matter to the knoweledge of the nearest consular representative of the the United States, in order that steps may be taken to send the crew home and to save the ship and cargo. The necessary expenses shall be defrayed either by the ship's master or by the United States. , Article IV. All citizens of the United States of America in Chosen, peaceably attending to their own affairs, shall receive and enjoy for themselves and everything appertaining to them, theprotec- ^eM^of^iSe v^d tion of the local authorities of the Government of Chosen, who shall defend them from all insult and injury of any sort. 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, shall immediately dispatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost rigor of the law. Subjects of Chosen, guilty of any criminal act towards citizens of the United states, shall be punished by'the authorities of Chosen, p„„;,j,„^„jf„„r according to the laws of Chosen ; and citizens of the United feS' «St "citil nj_, ., , ., > ' -I, II zenaofeither power. States, either on shore or m any merchant- vessel, who may insult, trouble or wound the persons, or injure the property of the peo- ple of Chosen, shall be arrested and punished only by the consul or other public functionary of the United States, thereto authorized, according to the laws of the United States. When controversies arise in the Kingdom of Chosen between citizens of the United States and subjects of His Majesty, which need E„r,territoria] j„- to be examined and decided by the public officers of the two u'„t;edsme"intria° nations, it is agreed between the two Governments of the °f"'«""tiz™8. United States and CBosen, that such cases shall be tried by the proper 218 TREATIES AND CONVENTIONS. official of the nationality of the defendant, according to the laws of that nation. The properly authorized official of the plaintiff's nationality shall be freely permitted to attend the trial, and shall be treated with the courtesy due to his position. He shall be granted all proper facili- ties for watching the proceedings in the interest of justice. If he so de- sires, he shall have the right to present, to examine and to cross-examine witnesses. If he is dissatifled with the proceedings, he shall be permit-' ted to protest against them in detail. It is however mutually agreed and understood between the high con- tracting powers, that whenever the King of Chosen shall have so far modified and reformed the statutes and judicial procedure of his king- dom that, in the judgment of the United States, they conform to the laws and course of justice in the United States, the right of exterrito- rial jurisdiction over United States citizens in Chosen shall be aban- doned, and thereafter United States citizens, when withiii the limits of the Kingdom of Chosen, shall be subject to the jurisdiction of the native authorities. Akticle V. Merchants and merchant vessels of Chosen visiting the United States Duties »nd ton- for purposcs of trafficj shall pay dutlcs aud tonuagc-ducs aud .mse daes. g^i fggg accordlug to the Customs-Eegulations of the United States, but no higher or other rates of duties and tonnage-dues shall be exacted of them, than are levied upon citizens of the United States or upon citizens or subjects of the most favored nation. Merchants and merchant vessels of the United States visiting Chosen Duties ou Imports ^ov purposcs of traffic, shall pay duties upon all merchan- intocorea. ^jgg imported and exported. The authority to levy duties is of right vested in the Government of Chosen. The tariff of duties upon exports and imports, together with the Customs-Eegulations for the prevention of smuggling and other irregularities, will be fixed by the authorities of Chosen and communicated to the proper officials of the United States, to be by the latter notified to their citizens and duly observed. It is however agreed in the first instance as a general measure, that the tariff upon such imports as are articles of daily use shall not exceed an ad valorem duty of ten per centum ; that the tariff upon such imports as are luxuries, as for instance foreign wines, foreign tobacco, clocks and watches, shall not exceed an ad valorem duty of thirty per centum, and that native produce exported shall pay a duty not to exceed five per centum ad valorem. And it is further agreed that the duty upon foreign imports shaU be paid once for all at the port of entry, and that no other dues, duties, fees, taxes or charges of any sort shall be levied upon such imports either in the interior of Chosen or at the ports. United States merchant-vessels entering the ports of Chosen shall pay tonnage-dues at the rate of five mace per ton, payable once in three months on each vessel, according to the Chinese calendar. Article VI. Subjects of Chosen who may visit the United States shall be permitted. nights of citizens to reside and to rent premises, purchase land, or to con- ?i'io?/o™hL°pth°eJ°n struct residences or warehouses in all parts of the country. business ^iTairs. They shall be freely permitted to pursue their various call- ings and avocations,' and to traffic in all merchandise, raw and manu- factured, that is not declared contraband by law. 'Citizens of the United COKEA, 1882. 219 States who may resort to the ports of Chosen which are open to foreign commerce, shall be permitted to reside at such open ports within the limits of the concessions and to lease buildings or land, or to construct residences or warehouses therein. They shall be freely permitted to pursue their various callings and avocations within the limits of the port, and to traflc in all merchandise, raw and manufactured, that is not declared contraband by law. No coercion or intimidation in the acquisition of land or buildings shall be permitted, and the land rent as fixed by the authorities of Chosen shall be paid. And it is expressly agreed that land so acquired in the open ports of Chosen still remains an integral part of the Kingdom, and that all rig:hts of jurisdiction over persons and property within such areas remain vested in the authorities of Chosen, except in so far as such rights have been expressly relinquished by this treaty. American citizens are not permitted either to transport foreign im- ports to the interior for sale, or to proceed thither to pur- imports „ot to be chase native produce. For are they permitted to transport STcSei'i?; native produce from one open port to another open port. ™''=- Violations of this rule will subject such merchandise to confiscation, and the merchant offending will be handed over to the consular author- ities to be dealt with. Article VII. The Governments of the United States and of Chosen mutually agree and undertake that subjects of Chosen shall not be per- i„poni.tio„ or mitted to import opium into any of the ports of the United <>i'i"mp™i>ii'iK''- States, and citizens of the United States shall not be permitted to im- port opium into any of the open ports of Chosen, to transport it from one open port to another open port, or to traffic in it in Chosen. This absolute prohibition which extends to vessels owned by the citizens or subjects of either power, to foreign vessels employed by them, and to vessels owned by the citizens or subjects of either Power and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the part of the United States and of Chosen, and offenders against it shall be severely punished. Aeticle VIII. Whenever the Government of Chosen shall have reason to apprehend a scarcity of food within the limits of the Kingdom, His Majesty may by decree temporarily prohibit the export of «tufii''°from coli all breadstuffs, and such decree shall be binding on all citi- ""'"'"""' zens of the United States in Chosen upon due notice having been given them by the authorities of Chosen through the proper officers of the United. States; but it is to be understood that the exportation of rice and breadstuffs of every description is prohibited from the open port of Tin-Chuen. Chosen having of old prohibited the exportation of red ginseng, if citizens of the United States clandestinely purchase it for Export or red gin- export, it shall be confiscated and the offenders punished. '="' ■""'■i'"""'- Article IX. Purchase of cannon, small arms, swords, gunpowder, shot and all munitions of war is permitted only to officials of the GoV' ^^ „,t„t;„„ „f ernment of Chosen, and they may be imported by citizens muSnsofwar "e- of United States only under a written permit from the ""'"^'' authorities of Chosen. If these articles are clandestinely imported. 220 TREATIES AND CONVENTIONS. Aetiole X. The ofQcers aud people of either nation residing in the other, shall Empiormmt o f havc thc rfght to employ natives for all kinds of lawful natives. » WOrfc. Should, however, subjects of Chosen, guilty of violation of the laws of the Kingdom, or against whom any action has been Br;^nTed'cor°^'I."^im° brought, conccal themselvcs in the residences or warehouses of United States citizens, or on board United States mer- chant vessels, the consular authorities of the United States, on being notified of the fact by the local authorities, will either permit the latter to despatch constables to make the arrests, or the persons will be ar- rested by the consular authorities and handed over to the local con- stables. Ofilcials or citizens of the United States shall not harbor such per- sons. Article XI. Students of either nationality, who may proceed to the country of studMts of one ^^^ othcr, lu Order to study the language, literature, laws in evidence of cordial good will. Article XII. aation studyinB "n Or arts, shall be given all possible protection and. assistance This being the first treaty negotiated by Chosen, and hence being general and incomplete in its provisions, shall in the first Duration of treaty. ., ., j. • j. j.« -nj.!. j.- ij.it instance be put into operation in all things stipulated herein. As to stipulations not contained herein, after an interval of five years, when the offtcers and the people of the two Powers shall have become more familiar with each others language, a further nego- tio^n" of ^ommlrciSi tlatlon of commcrcial provisions and regulations in detail, in proT,a.on». conformlty with international law and without unequal dis- criminations on either part shall be had. Article XIII. This Treaty and future ofilcial correspondence between the two con- tracting Governments shall be made, on the part of Chosen, LangnageB to be . , ^ ^i ■ i used in official cor- lu thc Chincse lauguagc. respondeoce. ^^^ United Statcs shall either use the Chinese language, or, if English be used, it shall be accompanied with a Chinese version in order to avoid misunderstanding. Article XIV. The High Contracting Powers hereby agree that, should at any time the King of Chosen grant to any nation or to the merchants or citizens Mo,t favored na- of auy natlou, any right, privilege or favor, connected either tion. -with navigation, commerce, political or other intercourse, which is not conferred by this Treaty, such right, privilege and favor shall freely inure to the benefit of the United States, its public officers, merchants and citizens, provided always, that whenever such right, privilege or favor is accompanied by any condition, or equivalent con- cession granted by the other nation interested, the United States, its officers and people shall only be entitled to the benefit of such right. COREA, 1882. 221 privilege or favor upon complying with the conditions or concessions connected therewith. In faith whereof the respective Commissioners Plenipotentiary have signed and sealed the foregoing at Tin-Ohuen in English and Chinese, being three originals of each .text of even tenor and date, the ratifications of which shall be exchanged at Yin-Chuen within one year from the date of its execution, and immediately there- after this Treaty shall be in all its provisions publicly proclaimed and made known by both Governments in their respective countries, in order that it may be obeyed by their citizens and subjects respectively. Chosen, May the 22nd, A. D. 1882. [SEAL.] E. W. SHXIFELDT, Commodore, U. *'. N., Envoy of the U. 8. to Chqsen. [seal.] Shin Chen, SSScHi, !i^»««~i COSTA EIOA. 1851. TEEATY OF FRIENDSHIP, COMMEECE AND NAVIGATION. Concluded July 10, 1851; Batifications exchanged at Washington May 2G, 1852 ; Proclaimed 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 Eepublio of Costa Eica, it seems good for the security as well as the encouragement of such commercial inter- course, 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 navigation. For this purpose they have named their respective plenipotentiaries, that is to .say : The President of the United States, Daniel Webster, Secretary of State, and his Excellency the President of the Eepublic of ,Negi,tmtor». Qog^a Elca, Senor Don Felipe Molina, Envoy Extraordinary and Minister Plenipotentiary of that Eepublic to the United States ; Who, after having coinmunicated 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 Declaration of am- cltizens ou thc ouc part, aud the Government of the Ee- ''>'• public of Costa Eica and its citizens on the other. AktICle II. There shall be, between all the territories of the United States and the territories of the Eepublic of Costa Eica a reciprocal mfr'Sf a'°d "navig™; frecdom of commcrce. The subjects and citizens of the "°" two countries, respectively, shall have liberty, freely ancl securely, to come with their ships and cargoes to all places, ports and rivers iij 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 tracers of each nation, 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-ofSice packets of m COSTA KICA, J851. 223 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 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 engage. Akticle III. It being the intention of the two high contracting parties to bind themselves, by the preceding articles, to treat each other „„t faoreii n.- on the footing of the most favored nation, it is hereby """■ agreed between them, that any favor, privilege or immunity what- ever, in matters 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 subjects or citizens - of the other high contracting party, gratuitously, if the concession in ; favor of that other nation shall have been gratuitous; or in return for 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 or other duties shall be imposed on the importation into the territories of the United States of any article being of ^o discri>piaation the growth, produce or manufacture of the Eepublic of i'i?°'tS°°c"u"d" Costa Eica, and no higher or other duties shall be im- ^'"='- posed on the importation into the territories of the Eepublic of Costa Eica, 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 light or harbor-dues, of pilotage, of salvage, in case either tonnage dutie. of damage or shipwreck, or on account of any other local charges, shall be imposed in any of the ports of the Eepublic 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 iu the same ports on vessels of the United States. 224 TREATIES AND CONVENTIONS. Article VI. The same duties shall be paid on the importation into the territories of the Eepublic of Costa Eica of any article being of the in^°ti«o"°i™o'rt" growth, produce or manufacture of the territories of the .„to Costa B.ca. ^g^jje^j States, whether such importation shall be made in Costa Eioan, 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 Eepub- lic of Costa Eica, whether such impqrtation shall be made in the 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 Elcan 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 Eepublic of Costa Eica to the territories of the United States, whether such exportation shall be made in United States or in Costa Eican vessels. Aetiolb VII. ■ All merchants, commanders of ships and others, citizens of the Privileges of citi- Uultcd Statss, shall have full liberty, in all the territories m°torko°/ 0? ftS of the Eepublic of Costa Eica, to manage their own affairs other. 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 Eicans, nor to pay them any other salary or remuneration than such as is paid in like cases by Costa Eican 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 Eepublic of Costa Eica, 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 Costa Eica 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. Akticle VIII. In whatever relates to the police of the ports, the lading and unlading of ships, the safety of merchandise, goods and effects, 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 recipro- cally enjoy the same privileges, liberties and rights as native citizens. COSTA EICA, 1851. 225 and they shall not be charged in any of these respects with any higher imposts or duticH 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. 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 Consul General or Consul of the nation to which ono°SatiSn°'ia''t™r°i- the deceased bel9nged, or the representative of such Consul ""^°''"'°°"'"' General or Consul in his absence, shall have the right to nominate cur- ators to take charge of the property of the deceased, so far as the laws of the country will permit, for the benefit of the lawful heirs and cred- itors 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 Eepublic of Costa Rica, and the citizens of the Kepublic of Costa Eica resid- ing in the United States, shall bo exempted from all com- n.n£rT«e°vi//an'd pulsory 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 Consuls for the protection of trade, to reside in any of the territories of the other party ; but before any Consul shall c^S^Si'SSii 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 Costa Eican diplomatic agents and Consuls 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 Costa Eican territories shall enjoy, accord- ing to the strictest reciprocity, whatever privileges, exemptions and immunities are or may begranted 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 United States and the citizens of the Eepublic of Costa Treatoem of cm- Eica, it is agreed, that if at any time any interruption of Stor^ofaeoSi; friendly intercourse, or any rupture should unfortunately '"""""f""- 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 ter- ritories 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 which they themselves shall select ; and even in the event of a rupture, all such citizens of either of the two 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 privi- 3769 TR in 226 TREATIES AND CONVENTIONS. lege of remaining and of continuing such trade and employment therein without any manner of interruption, in the full enjoyment of , 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. Akticle XII. The citizens of the United States and the citizens of the Eepublic of rrotertionofciti- Costa Elca, respectively, residing in any of the territories fomuiud rihe of the other party, shall enjoy in their houses, persons, other. g^jj^ properties the protection of the Government, and shall continue in posession of the guarantees which they now enjoy. They shall not be disturbed, molested, or annoyed in any man- BeiiBiou. freedom. ^^^ ^^ accouut of thclr Tellglous 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 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 Kietts of burial, gj^jjgj, of ^^je 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 oppor- DurationofArticies tuulty of hereafter treating and agreeing upon such other IV., V. and VI. arrangements as may tend still further to the improvement of their mutual intercourse, and to the advancement of the interests of their respective citizens, it is agreed that, at any time after the expira- tion 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 expira- tion 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 or at San Jos6 de Costa Eica, within IlatificationB. j_i /i "jp -i,! 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. SEAL.] Dan'l Webster. SEAL.] F. Molina. COSTA KICA, 1860. 227 ''i860. CONVENTION CONCEENING THE ADJUSTMENT OF CLAIMS OF CITIZENS OF THE UNITED STATES. Gonclttded July 2, 1860; Ratifications exchanged at Washington November 9, 1861; Proclaimed November 11, 1861. The United States 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 Eica, and his Excellency the Constitutional President of N^eot'^^s- said Eepublic of Costa Eica, on Manuel Jos6 Carazo and Francisco Maria Yglesias; who, upon an exchange of their plenary powers, which were found in good and proper form, have agreed to the following articles : Aktiole I. It is agreed that all claims of citizens of the United States, upon the Government of Costa Eica, arising from injuries to their persons, or damages to their property, under any form wnat- ji''™;"'^^'^™ "f soever, through the action of authorities of the Eepublic of "°'''"'° ^'"'"■ Costa Eica, statements of which, soliciting the interposition of the Gov- ernment of the United States, have been presented 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 Commissioners, consisting of two members, who shall be appointed in the following manner : one by the Government of the United States of America, and one by the Gov- ernment of the Eepublic 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 Commissioners 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 ^^^ vacancies m to act, the Government of the United States of America, commisirm""™ S or that of the Eepublic of Costa Eica, respectively, or the minister 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 this convention ; and, before proceeding to business, they m^^ »? commi°? shall, each of them, exhibit a solenin oath, made and sub- 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 228 TREATIES AND CONVENTIONS. 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 Repub- lic of Costa Eica, 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. Akticle hi. The Arbitrator, or Umpire, being appointed, the Commissioners shall. Mode of procedure wlthout dclay, procecd to examine and determine the claims ofcoimMBioners. -^yhich may be presented to them, under the provisions of 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- papera concerning missiouers, such papers in its possession as may be deemed Sihid'by'eacb eot Importaut to the just determination of any claims of citizens ernment. Qjf ^jjg Uuitcd Statcs, refcrrcd to the board, under the pro- visions of the first article. In cases, whether touching injuries to the person, limb or life of any said citizens, or damages committed, as stipulated in the first CoiDiniStiLoners to i • •§ • , it • i • -i-iji^) •• determine mdemnity articlc, agaiust thcir propcrty, m which the Commissioners 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"°indemn°i?r"'"J agreed to between themselves, or of those made by them, in pursuance of decisions of the Arbitrator, or Umpire ; and 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 fevor of any claimant or claimants, shaU be paid to the Government of the United States, in the city of Washington, Time of payment 11 cqual semi-anuual instalments. It is, however, hereby ofiir.tia»taiment. agrccd, by the contracting parties, that the payment of the first instalment shall be made eight months from the termination of the labors of the commission; and, after such first payment, the second, and each succeeding one, shall be made semi-annually, counting from the date of the first payment ; and the whole payment of such aggregate amount or amounts, shall he, perfected within the term of ten years from COSTA RICA, 1860. 229 the termination of said commission ; and each of said sums shall bear interest (also payable semi-annually) at the rate of six per i„,„,,ttobspaid cent, per annum, from the day on which the awards, respect- °" """""' •"""'"' ively, wUl have been decreed. To meet these payments, the Government of the Eepubllc of Costa Eica hereby specially appropriates fifty per cent, of the net 1 njj *'■*-'■'■.. „ ti , n jt Provision by Costti proceeds of the revenues arising from the customs of the ki-^i w meet my- said Eepublic ; but if such appropriation should prove in- sufBcient 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. Duration or com- 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 I'anguages, to assist in the transaction of their business. And, for the conduct of such business, they are hereby authorized to make all necessary and lawful rules. Aeticle VI. The proceedings of this Commission shall be final and conclusive with respect to all the claims of citizens of the United ped»ion of com- States, which, having accrued prior to the date of this con- '°'"''°° '° ^' ^'"''■ vention, 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 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. Aeticle VII. In the event, however, that upon the termination of the labors of said Commission stipulated for in the fifth article of this con- vention, any case or cases should be pending before the pBnd°nTb'°ro°r"cm- Umpire, and awaiting his decision, it is hereby understood f^'norSSrS'^ 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 prescribed for its sessions : Provided, however, That a de- cision on every case that may be pending at the termination deciSSn/ wi°hin°8l" of the labors of the board shaU be given by the Umpire ^^rofcJ^'Z. within sixty days from their final adjournment ; and that, °'°°' at the expiration of the said sixty days, the authority and power hereby granted to said Umpire shall cease. 230 TREATIES AND CONVENTIONS. Aktiole VIII. Eacli Government shall pay its own Commissioner ; but the UmpirCj as well as the incidental expenses of the commission, including Expen.es. ^^^ defrayal of the services of a secretary, who may be appointed under the fifth article, shall be paid one-half by the United States, and the other half by the Eepublic of Costa Eica. Article IX. The present convention shall be approved and ratified by the Presi- dent of the United States of America, by and with the Kafiicafom,. ^dvlcc aud couseut of the Senate of the said States j and by the President of the Eepublic of Costa Eica, with the consent and appro- bation of the Supreme Legislative Power of said Eepublic ; and the ratifications shall be exchanged in the city of Washington, within the space of eight months from the date of the signature hereof, 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 aiflxed 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 independ- ence of Costa Eica the thirty-ninth. SEAL. SEAT,. SEAL. Alex's Dimitey. Manuel J, Carazo. Fkan'co M. Yglesias. DENMAKK. 1826. TREATY OF FRIENDSHIP, COMMERCE AND NAVIGATION. Concluded April 26,1826; Ratifications exchanged at Gopenhagen 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 com- mercial 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 friendship, commerce and naviga- tion. 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 N'sofMora. like powers on Peter Pedersen, his Privy. Counsellor of Legation and Miuister Eesident near the said States, Knight of theDannebrog; who, after having exchanged their said full 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 all the other nations of the earth, by means of a policy „„,, ^vored »»- 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- merce and navigation of their respective countries on the ^^^^^^^ ^^ ^^^ liberal basis of perfect equality and reciprocity, mutually mrrc°a°S,d°M'4"- agree that the citizens and subjects of each may frequent all "°°' the coasts and countries of the other, (with the exception hereafter pro- vided 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 or subjected. But it is understood that this article does not 231 232 TREATIES AND CONVENTIONS. include the coasting trade of either country, the regulation of which is reserved by the parties, respectively, according to their own separate laws. Article III. They likewise agree that whatever kind of produce, manufacture or No discri,„inati„n merchandisc, of any foreign country, can be, from time to in toonage duties, tlmc, lawfuUy importcd into the United States, in vessels 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 ve^els 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, froQi 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 in its own vessels, to any foreign country, may, in likie 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. 2for 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. Aetiole IV. Ko higher or other duties shall be imposed on the importation into the United States of any article, the produce or manufacture of indStiefon'^mporto thc domiuious of His Majesty the King of Denmark; and no anjexports. higher Or other duties, shall be imposed on the importation into the said doruinions 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. Kor 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. !N^or 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 Sound due, ^^^^ P^^^ ''^^ Souud Or thc Belts, pay higher or other duties than those which are or may be paid by the most favoured nation. DENMARK, 1826. 233 Aktiole VI. The present convention shall not apply to the northern possessions of His Majesty the Ring of Denmark— that is to say, Iceland, Th,. convention the Ferro6 Islands, and Greenland— nor to places situated SirooiS'^and beyond the Cape of Good Hope; the right to regulate the ^'""^^•^i^- direct intercourse with which possessions and places is reserved by the parties, respectively. 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 vesseland 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 higher or other duties, charges or taxes of any kind sh^l be levied in the territories or dominions of either party, zeMofonlVitonln 1 1 jv* i_ J* ,t ' 1 territory of the other. upon any personal property, money or effects of their respect- ive citizens or subjects, on the removal of the same from their territo- ries or dominions reciprocally, either upon the inheritance of such prop- erty, 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, respectively. Article VIII. To make more effectual the protection which the Unit'ed States and His Danish Majesty shall afford in future to the navigation ^^^^, t„ ^^^^^^ and commerce of 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 may enjoy the rights, privileges and immunities which be- long to them by their public character, they shall, before i^'-equMur.. 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 necessary service, they not being natives of the country in which the Consul resides, shall be exempt from all public ciSso? tiS'sTtts service, and also from all kind of taxes, imposts andcontri- ™°'""''«"'™- bntions, except those which they shall be obliged to pay, on account of 234 TREATIES AND CONVENTIONS. commerce, or their property, to which inhabitants, native and foreign, of the country in which such Consuls reside, are subject, 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 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 Duration of coc- hcreof, aud further until the end of one year after either of rentio.. ^]jg 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 ^ch 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. Article XII. This convention shall be approved and ratified by the President of tlie United States, by and with the advice and consent of "°°"°"'- the Senate thereof, and by His Majesty the King of Denmark, and the ratifications shall be exchanged in the city of Copenhagen within eight months fromthe 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 sigiaed and sealed these presents. Done in triplicate, at the city of Washington, on the twenty-sixth day of April, 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. SEAL. SEAL. H. Clay. Pb. Pedeesen. ADDENDUM. Addendum. jjf^, Qlfiy fg ]jfr_ PederSBV,. Dbpaktment of State, Washington, April 23, 1826. The undersigned, Secretary of State of the United States, by direction of the Presi- dent thereof, has the honor to state to Mr. Pedersen, Minister Resident of His Majesty the King of Denmart, that it would have been satisfactory to the Government of the United States if Mr. Pedersen had been charged with instructions, in the negotiation which has j ust terminated, to treat of the indemnities to citizens of the United States, in consequence of the seizure, detention, and condemnation of their property in the ports of His Danish Majesty. But as he has no instructions to that effect, the under- signed is directed, at and before proceeding to the signature of the treaty of friend- ship, commerce, and navigation on which they have agreed, explicitly to declare, that the omission toprovide 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. And, to guard against any misconception of the fact of the silence of the treaty in the above particular, or of the views of the American Government, the undersigned requests that Mr. Peder- sen will transmit this official declaration to the Government of Denmark. And he avails himself of this occasion to tender to Mr. Pedersen assurances of his distin- guished consideration. H. CLAY. The Chevalier Pedeksex. DENMARK, 1830. 235 The Chevalier Peter Federsen to Mr. Clay. Washington, April 25, 1826. The undersigned. Minister Resident of His Majesty the King of Denmark, has the honour herewith, to acknowledge having received Mr. Clay's official note of this day, declaratory of the advanced claims against Denmark not heing waived on the part of the United States hy the convention agreed npon and about to he signed, which note he, as requested, will transmit to his Government. And he avails himself of this oc- casion to renew to Mr. Clay assurances of his distinguished consideration. P. PBDEESON. To the Hon. Henry Clay, Secretary of State of the United States. 1830. CONVENTION CONCERNING TO INDEMNITIES AND CLAIMS. Concluded March 28, 1830 ; Ratifications exchanged at Washington 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 citizens of the United States and the subjects of Denmark, having for their object the seizure, detention, condemnation or confiscation of their vessels, cargoes or property whatsoever, within the territory or under the authority of the respective Governments, have named for this pur- pose, and 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, Charg6 d' Affaires of the said United States at the Court of His Majesty the King of Denmark, etc. ; and ^^ ^ .^^^^^ His Majesty the King of Denmark, the Sieur Ernest Henry, =««'"»" Count de Schimmelmann, 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, Chief of his Department of Foreign Affairs, etc., and the Sieur Paul Christian de Stemann, Knight of the Order of the Elephant, Grant Cross of the Order of Dannebrog, decorated with the silver cross of the same order, his Minister (intime) of State and of Justice, president of his Danish Chancery, etc.; and the said Plenipotentiaries; 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 j^^^^^^^j.^^ ^ of America for the subjects of Denmark, on account of the De™arT'Sf'°Sdem^ 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 Government the sum of six hundred and fifty thousand Spanish milled dollars, on account of the citizens of the ieS!^r\!^itfi United States, -who have . preferred claims relating to. the ^'""' seizure, detention, condemnation, or confiscation of their vessels, car- goes, or property whatsoever, by the public and private armed ships, or by the tribunals of Denmark, or in the States subject to the Danish sceptre. 236 TREATIES AND CONVENTIONS. Aetiole II. The payment of the above sum of six hundred and fifty thousand Mode of payment Spaulsh miUcd dollais shall be made in the times and man- or mdemnlty. jjgj. following I On the 31st March, 1831, two hundred and sixteen tljousand 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, 1831. 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 with 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. Aeticle III. To ascertain the full amount and validity of the claims, mentioned ckimsto beadjo ™ Article I, a Board of Commissioners, consisting of three dicateybynEMrdSr citizcus of the Uultcd States, shall be appointed by the Pres- ident, by and with the advice and consent of the Senate, who shall meet at Washington, and within the space of two years from the time of their first meeting shall receive, examine and decide upon the amount and validity of all such claims, according to the merits of the several cases, and to justice, equity and the law of nations. The Commissioners shall take an oath or afSrmation, to be entered in the journal of their proceedings, for the faithful and diligent dis- charge of their duties. In case of the death, sickness, or necessary absence of any Commis- sioner, his place may be supplied by the appointment of another Com- missioner, in the manner before mentioned, or during the recess of the Senate, by the President of the United States. The Commissioners shall be authorized to hear and examine, on oath or afiSrmation, every question relating to such claims, and to receive all suitable authentic testimony concerning the same. ^ DENMARK, 1830. 237 lu order to facilitate the proceedings of this board, His Majesty the King of Denmark engages, when thereunto required, to cause to be de- livered to any person or persons who shall be duly author- ized for that purpose by the Government of the United oia°m" fo"br"u°' States, in addition to the papers already delivered, all the "'"^"^ ^' i>="">="i'- acts, documents, ship's papers and prize proceedings which may still re- main in the archives of the High Court of Admiralty, or the Prize Tribunals of Denmark, relating to the seizure, detention, condemnation, or confiscation of the vessels, cargoes, or property whatsoever, belonging to the citizens of the United States of America before the said tribunals. The Commissioners shall award and cause to be distributed, among the several parties whose claims shall be allowed by the board, the sum mentioned in Article I and II, in a rateable proportioil to the amount of the respective claims thus allowed. Article IV. In consideration of the renunciation and payments mentioned in Ar- ticle I. and II., on the part of His Majesty the King of Den- mark, the Government of the United States declares itself mark from payment I ' t I'fyt A. !• 11 ii * 1 r^ of further indemnity. entirely satisfied, not only m what concerns the said Govern- ment, but also in what concerns the citizens of the said United States, on account of the claims hitherto preferred, or which may hereafter be preferred, relating to the seizure, detention, condemnation or confisca- tion of their vessels, cargoes or property whatsoever, which in the last maritime war of Denmark have taken place under the flag of Den- mark, or in the States subject to the Danish sceptre; and the said claims shall consequently be regarded as definitively and irrevocably termi- nated. Article V. The intention of the two high contracting parties being solely to ter- minate, definitely and irrevocably, all the claims which ^he present con- have hitherto, been preferred, they expressly declare that Me°"™°"he°c™se"s the present convention is only applicable to the cases therein "■""''' ™"'i''"='i- mentioned; and, having no other object, can never hereafter be in- voked by one party or the other as a precedent or rule for the future. Article VI. The present convention shall be duly ratified by the high contracting parties, and the ratifications shall be exchanged at Wash- . > ington, in the space of ten months, or sooner if possible. Eaiiflcatw™. In faith thereof, and in virtue of our respective full powers, we have signed the present convention, and have thereunto set the seals of our arms. Done at Copenhagen, this twenty-eighth day of March, 1830. SEAL SEAL. SEAL. Henry Wheaton. e. h. schimmelmann. StemAnn. 238 TKEATIES AND CONVENTIONS. ^ 1857. CONVENTION EXEMPTING AMERICAN VESSELS FEOJM THE SOUND AND BELTS-DUES. Concluded April 11, 1857 ; Eatifieations exchanged at Washington Jan- uary 12, 1858; Proclaimed January 13, 1858. The United States of America and His Majesty the King of Denmark, being desirous to terminate amicably the differences which have arisen between them in regard to the tolls levied by Denmark on American ves- sels and their cargoes passing through the Sound and Belts, and commonly called the Sound-dues, 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, Lewis Cass, Secretary of State of the United States and His Majesty the King of Denmark, Nesofator,. Torbcu BiUc, Esquire, Knight of the Dannebrog, and deco- rated with the cross of honor of the same order, his said Majesty's Charge d' Affaires near the Government of the United States ; Who, after having communicated to each other their full powers in due form, have agreed to and signed the following articles : Article 1. His Majesty the King of Denmark declares entire freedom of the navi- Navigaiion of the gatiou of tlic Souud aud the Belts in favor of American ves- brfJee'M vS. o°f scls aud thclr cargoes, from and forever after the day when the United States, ^jjjg conveution shall go into effect as hereinafter provided. And it is hereby agreed that American vessels and their cargoes, after that day, shall not be subject to any charges whatever in passing the Sound or the Belts, or to any detention in the said waters, and both Governments will concur, if occasion should require it, in taking measures to prevent abuse of the free flag of the United States by the shipping of other nations which shall not have secured the same freedom and ex- emption from charges enjoyed by that of the United States. Article II. His Danish Majesty further engages that the passages of the Sound and Belts shall continue to be lighted and buoyed as here- Lighteandbuoye. ^^jf^j^g ^jtijout auy chargc upon American vessels or their cargoes on passing the Sound and the Belts, and that the present establishments of Danish pilots in these waters shall continue to be maintained by Denmark. His Danish Majesty agrees to make such additions and improvements in regard to the lights, buoys and pilot establishments in these waters as circumstances and the increasing trade of the Baltic may require. He further engages that no charge shall be made, in consequence of such additions and improvements, on Amer- ican ships and their cargoes passing through the Sound and the Belts. It is understood, however, to be optional for the masters of American Employment of vcsscls cithcr to cmploy, in the said waters, Danish pilots, Danish pilot.. ^^ rcasouable rates fixed by the Danish Government, or to navigate their vessels -vfit^iout such, assistance. DENMARK, 1857. 239 Article III. In consideration of the foregoing agreements and stipulations on the part of Denmark, whereby the free and unincumbered navi- Tonduestobspaid gation of American vessels through the Sound and the Belts tyih.um^d states. is forever secured, the United States agree to pay to the Government of Denmark, once for all, the sum of seven hundred and seventeen thousand eight hundred and twenty-nine rix dollars, or its equivalent, three hundred and ninety-three thousand and eleven dollars in United States currency, at London, on the day when the said convention shall go into full effect, as hereinaffcerwards provided. Aetiole TV. It is further agreed that any other or further privileges, rights, or ad- vantages which may have been, or may be, granted by Den- Mo»t faired na- mark to the commerce and navigation of any other nation Jomme^'inTnarl- at the Sound and Belts, or on her coasts and in her harbors, Si.TKfnniSd with reference 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 Y. The general convention of friendship, commerce and navigation, con- cluded between the United States and His Majesty the King article, revived. of Denmark, on the 26th of April, 1826, and which was 26°r826°"™e°pt st'h abrogated on the 15th of April, 1856, and the provisions contained in each and all of its articles, the 5th article alone excepted, shall, after the ratification of this present convention, again become binding upon the United States and Denmark; it being, however, un- derstood, that a year's notice shall suffice for the abrogation of the stipulations of the said convention hereby renewed. Article VI. The present convention shall take effect as soon as the laws to carry it into operation shall be passed by the Government of the contracting parties, and the sum stipulated to be paid by conimtionsMi'b" the United States shall be received by or tendered to Den- °''°"""''- mark; 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 fcur per cent, interest on the said sum, from the day the said immunity shall have gone into operation until the principal shall have been paid as aforesaid. 240 TEEATIES AND CONVENTIONS; Article VII. The present convention shall be duly ratified, and the exchange of ratifications shall take place in Washington within ten RuiEctions. ^lontiig 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. SEAL. SEAL. Lewis Oass. TOKBEN BiLLE. 1861. ADDITIONAL ARTICLES TO THE GENERAL CONVENTION OF FRIENDSHIP, COMMERCE AND NAVIGATION OF APRIL 26, 1826, Concluded JmZ2^11,1861; Ratifications exchanged at Washington September 18, 1861; Proclaimed September 20, 1861. 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 to'l'luTe'diSuJ' arbitrators in such differences as may arise, either at sea or cre^'^SfTs'sert lu port, betwccn the captain, oflScers and crew of the vessels their natiois. belougiug to thc uatiou 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 authori- ties, unless the conduct of the crew and the ofiScers, or of the captains, should disturb the order or tranquillity of the country. 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 II. The Consuls-General, Consuls, Vice-Consuls and Commercial Agents are authorized to require the assistance of the local authori- ties 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 ofQoial 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 DENMARK, 1873. iJ41 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 shiill claim them, in order to be detained until the time when they shall lie 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 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 oirences conmit- tribunal before which his case shall be depending shall have '"' "y ■'"•"«=■ pronounced its sentence, and such sentence shall have been carried into effect. The present additional articles shall have the same force and value as if they were inserted, word for word, in the convention 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. SEAL.] William H. Sewaed. SEAL.I W. E. EA_ASL0PP. 1872. CONVENTION EELATIVE TO NATURALIZATION. Concluded July 20, 1872 ; Batifications 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 Plenipoten- tiaries, that is to say, the President of the United States of America: Michael J. Cramer, Minister Eesident of the United States of America at Copenhagen; and His Majesty the King of "=««■'""'• Denmark: Otto Ditlev Baron Eosenom-Lehn, Commander of Danebrog and Danebrogsmand, Chamberlain, His Majesty's Minister for Foreign Affairs, &c., &c., &c. ; who, after having communicated to each other 3769 TE 16 242 TREATIES AND CONVENTIONS. their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles, to wit : Akticlb I. Citizens of the United States of America who have become, or shall RcjmremenM for becomB, aud are, naturalized, according to law, within the nnturafation. Kjugdom of Dcumark as Danish subjects, shall be held by the United States of America to be in all respects and for all purposes Danish subjects, and shall be treated as such by the United States of America. In like manner, Danish subjects who have become, or shall become, and are, naturalized, according to law, within the United States of America as citizens thereof, shall be held by the Kingdom of Denmark to be in all respects and for all purposes as citizens of the United States of America, and shall be treated as such by the Kingdom of Denmark. Aeticle II. If any such citizen of the United States, as aforesaid, naturalized Recoyerr of for- wlthlu tho Kiugdom of Denmark as a Danish subject, should msroitaeMhip. reucw hls residence in the United States, the United States Government may, on his application, and on such conditions as that Government may see fit to impose, re-admit him to the cbaracter and privileges of a citizen of the United States, and the Danish Government shall not, in that case, claim him as a Danish subject on account of his former naturalization. In like manner, if any such Danish subject, as aforesaid, naturalized within the United States as a citizen thereof, should renew his residence within the Kingdom of Denmark, His Majesty's Government may, on his application, and on such conditions as that Government may think fit to impose, re-admit him to the character and privileges of a Danish subject, and the United States Government shall not, in that case, claim him as a citizen of the United States on account of his former natural- ization. Article III. If, however, a ■citizen of the United States, naturalized in Denmark, Konunciation of shall TeuBW Ms rcsldence in the former country without the citizonship. intent to return to that in which he was naturalized, he shall be held to have renounced his naturalization. In like manner, if a Dane, naturalized in the United States, shall renew his residence in Denmark without the intent to return to the former country, he shall be held to have renounced his naturalization in the United States. The intent not to return may bo held to exist, when a person natural- whei, the n.te.t Jzcd lu th© ouo couutry shall reside more than two years in ?„°exlL°'"'°'""" the other country. « Article IV.. The present convention shall go into effect immediately on or after the „f Con- exchange of the ratifications, and shall continue in force for ten years. If neither party shall 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 contracting parties shall have given notice to the other of such intention. Duration vention. DENMAEK, 1872. 243 Aetiolb V. The present convention sliall be 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 Den- mark, and the ratifications shall be exchanged at Copenhagen as soon as may be within eight months from the date hereof. In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at Copenhagen, the twentieth day of July, in the year of our Lord one thousand eight hundred and seventy two. SBAL.l Michael J. Cramer. C.1 SEAL.] O. D. EoSENORN-LeHN. DOMINICAN EEPUBLIC. 1867. CONVENTION OF AmItY, COMMERCE AND NAVIGATION, AND FOE THE SUEEENDEE OF FUGITIVE CEIMINALS. Concluded February 8, 1867 ;• Batifications 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 they have ap- pointed as their Plenipotentiaries, to wit: The President of the United States, John Somers Smith, Commercial Agent of the United States at the city of Santo Domingo, Negotiator.. ^^^ ^^^ President of the Dominican Eepublic, Jos6 Gabriel Garcia, Secretary 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 : Aeticlb I. It is the intention of the high contracting parties that there shall con- Deciaratioiiof tluue to be a firm, inviolable and universal peace, and a amity. ^j.yg ^mj slucero friendship between the Eepublics of the 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 Treatment of oiti- bccome Involved in war, one with the other, the term of six tTrittwofSSo'hS months after the declaration thereof shall be allowed to the in time of war. mcrchants and other citizens and inhabitants respectively, ou each side, during which time they shall be at liberty to withdraw themselves, with their effects and moveables, which tliey shall have the right to carry away, send away, or sell, as they please, without the least obstruction ; nor shall their eftiects, 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 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 banks, 244 DOMINICAN EEPUBLIC, 1867. 245 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 estab- lished in the territory of the other, shall be exempt from all Exemption from compulsory military service by sea or by land, and from all Ser^fM'^nd^&Sd 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, sojourn, settle and reside in all parts of said territories, and such as may wish to engage in business shall have the right ^"""fj'p ™™j^ to hire and occupy warehouses, provided they submit to the '"tpSbZiZJ^- 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 re- spect 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 such agents or brokers as they may deem proper, and shall in aU 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 wholesale or retail. They shall have free access to the tribunals of 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 citi- zens; for which purpose they may employ in defence 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 other, shall enjoy the most perfect liberty of conscience. ^^. .^^^^^^^^^ They shall be subjected to no inconveniences whatever on ^'"^'°°' account of their religious belief, nor shall they in amy manner 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 that the citizens of the one country dying in the territory of the other, may be interred either in the ordinary ceme- ^'*'""°''''"™'- teries 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, and funeral pro- cessions going to or returning from them, shall be protected from viola- tion or disturbance. Article Y. The citizens of each of the high contracting parties, within the juris- diction of the other, shall have power to dispose of their property oi citi- personal property by sale, donation, testament or otherwise; fr'taJrito" Tal and their personal representatives, being citizens of the °*='^- other contracting party, shall succeed to their personal property. 246 TREATIES AND CONVENTIONS. 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 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 prop- erty 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 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 iteai estate of per- tcrrltory of ouo party, such real estate would by the law of sons deceased. |;jjg Iskud desceud OB 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 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 sit- uated. Abticlb VI. The high contracting parties hereby agree, that whatever kind of No discrimination producB, manufactuTes or merchandise, of any foreign in tonnase duties, couutry Can bc, from time to time, lawfully imported into the CTnited 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 collected, whether the importation be made in a vessel under the flag of the United States, or a vessel under the flag of the Dominican Eepublic. And, recipro- cally, whatever kind of produce, manufactures or merchandise of any foreign country can be, irom 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 collected, 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 Es rts ^"^^ vessels to any foreign country, may, in like manner, be siH.rts. 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 Duties, bounties ohq ov tfac other. Nor shall higher or other charges of any and drawbacks. j^j^jj ^q imposed lu thc 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 Coasting trade coutractiug partics, which is respectively reserved by each exclusively for its own citizens. ■ But vessels of either country shall be allowed to discharge a part Parts of car oes ^^ ^^^^^ cargocs at oue port, and proceed to any other port no?duuab°e °"'°°'' ^^ po^ts lu thc tcrritories of 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. DOMINICAN REPUBLIC, 1867. 247 Aktiole yill, Fow the better understanding of the preceding stipulations, it has been agreed that every vessel belonging exclusively to a p,„„ftof„auo»»i- citizen or citizens of the Dominican Eepublic, and whose iw°f «■«!»• 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 tnis treaty, as a Dominican vessel. Aktiole 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 the Dominican Eepublic, or of her fisheries; and ii.dutie'on'TmSoS no higher or other duty shall be imposed on the importation '"''"''°™- into the Dominican Eepublic 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 the Dominican Eepublic, nor in the Dominican Eepublic 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 Proiiibitionsonim. their fisheries, or of the Dominican Eepublic and her fisher- iJ^gsSSsSylo ies, from or to the ports of the United States or the Domin- "Uothercountrk.. ican Eepublic, which shall not equally extend to every other foreign country. Aktiole X. Should one of the high contracting parties hereafter impose discrim- inating duties upon the products of any other nation, the i,i,crimraating(io. 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. Aktiole XI. When any vessel of either party shall be wrecked, stranded or other- wise damaged on the coasts or within the jurisdiction of the other, their respective citizens shall rijceive, as well for shipwrecks. 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 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 ' o„goe8 of Btr»nd. be unloaded, no duties of custom, charges or fees on such ^r Jepaf™no?'S cargo as may be carried away shall be paid, except such as "=■ are payable" in like case by national vessele. 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, 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. "' 248 TREATIES AND CONVENT CONS. Article XII. It shall be lawful for the citizens of either country to sail witt their Right of leutrais shlps and merchandise (contraband goods always excepted) em^frgoornS; from any port whatever, to any port of the enemy of the contraband. othcr, and to sail and trade with their ships and merchan- dise, with perfect 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 belong- . ing to an enemy, whether they be or be not under the jurisdiction of the same power, unless such ports or places be eiffectively blo.ckaded, . . besieged or invested. ] And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the Blockaded ports, gg^jjjg jg clthcr bcsiegcd, 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 Contraband oods ™6rchandise, excepting those only which are distinguished by the name of contraband of war, and under this name shall be comprehended. — 1. Gannons, 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-plates, 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. t All other merchandises and things not comprehended in the articles of Aiticiesnot enum. coutrabaud cxpllcitly enumerated and classified as above ""'be VeSff^'a^ shall bc held and considered as free, and subjects of free ''^- and lawful commerce, so that they be carried and trans- ported in the freest mannter 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. ■ DOMINICAN REPUBLIC, 1867. 249 Article XV. Th6 two liigh contracting parties recognize as permanent and immut- able the followin-g principles, to wit: 1. That free ships make free goods; that is to say, that the effects or goods belonging to subjects or citizens of a power or F„e ,^,,^, „,ke State at war are free from capture or confiscation when ^'=«°'"'" found on board neutral vessels, with the exception of articles contra- band of war. 2. That the property of neutrals on board of an enemy's Neutral vmtMy vessel is not subject to confiscation, unless the same be con- "■■="™'=»' 'v»=''- traband 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 ene- j,^„„^,j^ mies of both or either party, they are not to be taken out tea °pa«BeM6r8''Tn 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 of the contracting parties, which shall be bound to a port Merchant ves.eiB of the enemy of one of the parties, and concerning whose i5'aTe„'em'y'B°po°t voyage and the articles of their cargo there shall be just "a25iJ,ft8aSd?ertiii- 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 thence arising prevented, it is agreed that when one party ^^^^^^ ^^ ^^^^^^ shall be engaged in war, and the other party be neutral, the iJo°°L°ei.fr!'iiSi ships of the neutral party shall be furnished with passports, that it may appear thereby that the ships really belonged 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^ so that it may be known whether they carry any contraband goods. Ho 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 the contraband goods be greater than cStn conveniently 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. 250 TEEATIES AND CONVENTIONS. If any ship shall not be furnished with such passport or certificates as Ships not furnished are above required for the same, such case may be exam- MHty tote mSl ^^^^ ^7 ^ propBr judge or tribunal ; and if it shall appear to examination. fpQjjj othcr documcnts OT proofs, admissible by the usage of nations, that the ship belongs to the citizens or subjects of the jieutral 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 Pauperis not in- OT bc rcmoved by any other cause, and another put in his maitSoKSs."' place, the ship and cargo shall, nevertheless, be equally se- cure and the passport remain in full force. Aktiole XVIII. In order to prevent all kinds of disorder in the visiting and examina- vieita.ion and tion of thc vcssbIs 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, 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. Aeticle XIX. It is expressly agreed by the high contracting parties that the stipu- Neuttai ye.»eiB latlous abovc montioued, relative to the conduct to be j^rttSTsSnTn^ observed on the sea by the cruisers of the belligerent party .earch. towards 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 iiag displaye d 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 sufiBcient ; 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. Akticle XX. In all cases where vessels shall be captured or detained, to be car- captureaordeten- ^^^^ ^^^^ ^^^^ uuder prcteuce of Carrying to the enemy con- ji°j™<>°'n'"rai°X°. traband 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 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, uidess the DOMINICAN REPUBLIC, 1867. 251 lading be brought on shore in presence of the competent oflScers, and an inventory be made by them of the same. Kor 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, and 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 p„tection ocois. shall not be lawful to remove the master, commander or p°Se?S°oS'neu?r°a'! supercargo of any captured ship from on board thereof, dur- ""'"^ captured. ing 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 n ot 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 XXII. It is further agreed that in all cases the established courts for prize causes, in the country to which the prizes may be conducted, j, .^^ ^^^^^^ ^^^^ shall alone take cognizance of them. And whenever such complteat"for%°r°ze 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. When the ships of Avar of the two contracting parties, or those belonging to their citizens, which are armed in war, shall be admitted ^^^ ^^.^^ ^^ ^^ to enter with their prizes the ports of either of the two par- ^°?t^5''§£'j'j|^ ties, the said public or private ships, as well as their prizes, prSw^t^ ths poruTr shall not be obliged to pay any duty either to the officers oi °°' "'' 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 lawful- ness 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 from any Prince or State in enmity with either nation, to fit ^^.,^^^^^ ^^ ^„, their ships in the ports of either, to sell their prizes, or in Ji'/Jf^y",?"'/^ any manner to exchange them; neither shall they be allowed ti™port° of'l!th« to purchase provisions, except such as shall be necessary to """'°' their goingfto the next port of that Prince or State from which they have received thfiir nnmTnisainns. 252 TREATIES AND CONVENTIONS. Article XXV. No citizen of the Dominican Eepublic shall apply for or take any commission or letters of marque for arming any ship or Letters of marque, gj^jpg ^^ ^^^ ^^ privatecrs agalust 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 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 Eepub- lic, 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. Aeticlb XXVI. The high contracting parties grant to each other the liberty of having Liberty to appoint 11 the ports of the other Consuls or Vice-Consuls of their conBui.. Q^jj appointment, who shall enjoy the same privileges and 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 Consuls, citisens .... , .-i-i /.j_iij_j_^i ofthe States to which resido lu auy ports or commercial places of the latter, such they are appointed. Q^jj^g^^ ^j. ^ggQ^ shall contluue to be regarded, notwith- standing 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 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 vessels belonging to the nation whose in- terests are committed to their charge without the interference of the local authorities, unless their assistance should be required, iBe'd°t°o°a«ueTS Or the conduct of the crews or of the captain should disturb tos'and'cr'""»°r™S; the ordor or tranquillity of the country. It is, however, eeisoftheir uatious. yjj^gpgjjQQ^ ^jjj^^ ^jjjg gpecles of judgmcut 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- ment of the deserters from the ships of war and merchant vessels of their country. Por this purpose they shall apply to the com- petent tribunals, judges and oflcers, and shall, in writing, demand such deserters, proving, by the exhibition of the registers of tlie 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- 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 DOMINICAN REPUBLIC, 1867. 253 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 Eepublic, on requi- sitions made in their name through the medium of their re- Extradition of spective 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 appre- hension 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 tribimals of said country shall proceed and decide according to their own laws. Article XXVIII. Persons shaU 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; the counterfeiting of money; arson; robbery with violence, intimida- 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 tihese crimes are subject to infamous punishment. Article XXIX. On the part of each country the surrender shall be made only by the authority of the Executive thereof. The expenses of deten- tion and delivery, effected in virtue of the preceding articles, Expe^eB. shall be at the^ cost of the party making the demand. Article XXX. • The provisions of the aforegoing articles relating to the surrender of fugitive criminals shall not apply to offences committed ^^^^^^.^ before the date hereof, nor to those of a political char- be^gJmtedforS'oiiJ." aoter. '"°"'°°"°- Article ,XXXI. This convention is concluded for the term of eight years, dating from the exchange of the ratifications; and if one year before the Duration of con- 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 bind- ing 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. 254 TEEATIES AND CONVENTIONS. Article XXXII. This convention shall be submitted on both sides to the approval and ratification of the respective competent authorities of each Ran cat.o»B. ^^ ^^^ coutractiug parties, and the ratifications shall be ex- changed 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 afBxed 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. SEAIi. SBAIi.' SEAI..' Jwo. BoMEES Smith. JOSfi G. GrAECIA. Juan E. Fiallo. EOUADOE. 1839. i ' TEEATY OF PEACE, FEIENDSHIP, NAVIGATION AND COMMERCE. Concluded June 13, 1839; Ratifications exchanged at Quito April 9, 1842; Profilaimed September 23, 1842. 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 C. Pickett, a citizen of the said States, N«otator.. and the President of the Eepublic of Ecuador, on Doctor Luis de Sa&, 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- ship between the United States of America and the Eepublic Declaration of of Ecuador, in all the extent of their possessions and terri- ""■"'• tories, and between their people and citizens, respectively, without dis- tinction of persons or places. Aeticlb II. The United States of America and the Eepublic of Ecuador, desiring to live in peace and harmony with all the other nations of Most favored ™- 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 immedi- ately 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. Aeticle in. The two high contracting parties, being likewise desirous of placing the commerce and navigatioU of their respective countries on the liberal b^is of perfect equality and reciprocity, irifrc?''a!rd "LvS- mutually agree that the citizens of each may frequent all "°°' the coasts and countries of the other, and reside and trade, there in all ass 256 TREATIES AND CONVENTIONS. kinds of produce, manufactures and merchandise; and they shall 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 farther agreed that this article shall be subject to the following prmieg.s Branted modlficatiou: That whereas, by a law of Ecuador of March. \ h /1ockV"d"a° twenty-first, 1837, vessels buijt in the dock-yard of Guayaquil Guayaauii. shall bo exemptctt from various charges, therefore vessels of the 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. Akticlb IV. They likewise agree that whatever kind of produce, manufactures or No discrimmation mcrchandise of any foreign country can be, from time to in tonuaee duties, time, lawfully importcd into the United States in their own vessels, may be also imported in the vessels of the Eepublic of Ecuador; 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 manner, that whatever kind of produce, manufactures, or merchan- dise of any foreign country can be, from time to time, lawfully im- ported 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 Bountiea, duties couutry Or of the other. And they agree that whatever may aud drawbacks. jjg lawfuUy cxportcd or re-exported from the one country in its own vessels, to any foreign country, may, in like manner, be ex- ported 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 Ecuador. Article Y, Eor the better understanding of the preceding article, and taking into prpofsofnatiouai- considcratiou the actual state of the commercial marine of ity of vessels. Ecuador, it has been stipulated and agreed that all vessels belonging exclusively to a citizen or citizens of said Eepublic, and whose captian 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. Aeticle VI. 'No higher or other duties shall be imposed on the importation into No discrimination ^^® Uultcd Statcs of SiUj artlclcs, the produce or manufact- L'^'HEr'""^""'" "^^^ ^^ *^® Eepublic of Ecuador; and no higher or other an exports. dutlcs shall bc Ifflposed ou thc importatioiMuto the EepubUc 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- ECUADOR, 1839. 257 duce 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 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 ah prohibitions to the produce or manufactures of the United States or of the '" <"""""^^' «""'^''- 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 all merchants, commanders of ships, and other citizens of both countries, priviieses of cia- to manage themselves their own business in all the ports tStor^rfthfothe? and places subject to the jurisdiction of each other, as well '"■i»«'ta='»»ff''i>«- 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 subjects or citizens of the most favored nation. They shall be subject, however, to such general taixes and contributions as are or may be established by law. Aeticle VIII. The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, „„ ,„b„jo „ia,. merchandises or effects for any military expedition, nor for "'" ■■"domoiccaiioo. any public or private purpose whatever, without allowing to those in- terested 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 or AByhmmntedto dominions of the other, with their vessels, whether merchant '^»"='"° '''""«™- 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, procuring pro- visions, and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind. Article X. All the ships, merchandise and the effects belonging to the citizens of one of the contracting parties, which may be captured capture, by pi- 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, indue 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 PT agents oif their respective Governments. 376G TR-— 17 258 TREATIES AND CONVENTIONS. Article XI. When any vessels belonging to the citizens of either of the contract- ing parties shall be wrecked, foundered, or shall suffer any Shipwrecks. 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 Property of citi- (Hsposc of thcir pcrsoual goods within the jurisdiction of the TeTito-rVof^he othcr, by sale, donation, testament or otherwise, and their other. 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 by others •acting for them, and dispose of the same at their will, paying such du- ties 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 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 Special protection thclr spcclal protcctlou to the persons and property of the %ny'S°litL£'l! citizens of each other, of all occupations, who may be in the to°ry Sf i"e"otEen"'" tcrritories subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribu- nals of justice for thei;- 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 shaU have free opportunity to be present at the decisions and sentences of the tri- bunals 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 XIV. It is likewise agreed that the most perfect and entire security of 6on- „ ,. , ^ ^ science may be enjoyed by the citizens of both the contract- Beligioua Treedxim. . j...,!*^*^ .. -, . , , ,, ..tj.- i* ing parties, m the countries subject to the jurisdiction oi the one and the other, without their being liable to be disturbed or mo- lested 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 dis- turbance. ECUADOR, 1839. 259 Article XV, • It shall be lawfal for the citizens of the tPnjted States of America and of the Eepublic of Ecuador to sail with their ships with night of neutral. all manner of liberty and security, no distinction being made t°'"'J8"'*«»=my. 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 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 opposition or disturbance whatsoever ; not only directly from the places of the enemy before mentioued, 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 ^,^^ ^^ip, r,^^ be deemed 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, contrajband goods being always excepted. It is also agreed, in like manner, that the same liberty shiall be ex- tended 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 XVI. It is likewise agreed, that in the case where thp neutral flag of one of the contracting parties shall protect the property of the en- emies of the other, by virtue of the above stipulations, it m'^oZ'i v'ov^ni 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 evien 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 enepiy'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- ''°"'"'"°' '°°'°- band or prohibited goods shall be comprehended : Ist. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, 260 TREATIES AND CONVENTIONS. fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, hal- berds, and grenades, bombs, powder, matclies, balls and all other things belonging to the use of these arms. 2nd. Bucklers, helmets, breast-plates, 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. Akticle XVIII. All other merchandises and things not comprehended in the articles Article, act enii- of coutraband explicitly enumerated and classified as above STo''bl«B°arS shall be held and considered as free, and subjects of free a. free. ^j^f^ lawful commercc, so that they may be carried and trans- 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 that time, besieged or blockaded ; and to avoid all Dennition of doubt lu tWs particular, it is declared that those places only blockade. are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of a neutral. Article XIX. The articles of contraband before enumerated and classified, which NeutrawesseisMt ^^J ^6 fouud lu sb vcsscl bound for an enemy's port, shall SSen"?y?f™n° ^6 subjcct to dctentiou and confiscation, leaving free the uabaod articles, pggj; (jf .^]jq cargo and the ship, that the owners may dis- pose of them as they may 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 super- cargo 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, according to law. Article XX. ' And whereas it frequently happens that vessels sail for a port or Blockade placcs belougiug to an enemy, without knowing that the same 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 blockacle or investment, from any ofiBcer 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. Kor 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 surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. ECUADOR, 1839, 261 Article XXI.. In order to prevent all kinds of disorder, in the visiting and exami- nation of the ships and cargoes of both the contracting par- visitation and ties, on the high seas, they have agreed, matually, that, """^ whenever 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 boats with two or three men only, in order to execute the said examination of the papers, concerning the owhership and cargo of the vessel, without causing the least extortion, violence or ill treat- ment, for which the commanders of the said armed ships shall be re- sponsible with their persons and property, for which purpose the com- manders 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 examining vessel for the pur- pose 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 proofiofnationai- 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, the ships and vessels belonging to the citizens of the other must be furnished with sea-letters or passports, expressing the name, prop- erty 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 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; 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 equivalent. Article XXIII. It is further agreed that the stipulations above expressed, relative to the visiting and examination of vessels, shall apply only to Central vessel. those which sail without convoy ; and when said vessels j"li''tS™i'sitat°onTn'd 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 prize causes, in the country to which the prizes may be j, ,^^ ^^^^ conducted, shall alone take cognizance of them ; and when- compMen't'ta p°r°z8 ever such tribunals, of either party, shall pronounce judg- 262 TREATIES AND CONVENTIONS. ment agaiDst any vessel or goods or property claimed by the citizens Decree of con- of ths" othcr party, the sentence or decree shall mention roXSe JeasoS t^e rcasons or motives on which the same shall have been thereof. foundcd, and an authenticated copy of the sentence or de- 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. Aeticle XXV. Whenever one of the contracting parties shall be engaged in war with another State, no citizen of the other contracting party Letter, of mar,ue. ^j^^j^ acccpt a commlsslon or letter of marque, for the pur- pose of assisting or co-operating hostilely with the said enemy, against the said party so at war, under the pain of being considered as a pirate. Aeticle XXVI. If by any fatality, which cannot be expected, and which God forbid. Treatment of eiti- thc two contractlug partics should be engaged in a war te7rrtorro°ft°h"otho° '^1*^ ^ach othcr, they have agreed, and do agree, now for m time of war. thcH, that thcrc 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 domin- ions of the United States and the Eepublio of Ecuador, shall be re- spected 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. AETICi^E XXVII. Neither the debts due from individuals of the one nation to the indi- viduals of the other, nor shares, nor moneys, which they DebtB and Becuri- , . i i- _c i • IT - i i i ties exempt irom may havc lu puolic funds, nor m public nor private banks, shall 'ever, in any event of war, or of national difference, be sequestered or confiscated. Aeticle XXVIII. Both the contracting parties, being desirous of avoiding all inequality in relation to their public communications and official inter- Mobtfiivoredniition i 1-11 , i , ,^ ~r-y priviieees ncoorUed coursc, havc agreed,.and do agree, to grant to the Envoys, to public mmisters. jjjjjjg^gpg^ a,nd othcr Public Agents, the same favors, immu- nities 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 Republic 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. liCtTADOR, 1839. 263 Akticle XXIX. To make more effectual the protection which the United States and the Eepublic of Ecuador shall afford in future, to the navi- Liberty to apr»iM 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 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, ex^w"""- before entering on the exercise of their functions, exhibit their com- mission 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 c.tS?ofthB°stat8 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 under no pretext whatever shall any magistrate seize or comuim srehives in any way interfere with them. invioiaue. Article XXXII. 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 i>«6rt="- 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 register 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 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. 264 TREATIES AND CONVENTIONS. akticlb xxxni. For the purpose of more effectually protecting their commerce ancj A eementtomake Davigatioii, the two coutractliig parties do hereby agree, as a c'JSaf coITven^ soou hereaffccr 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 respec- tive parties. Aeticle 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 "mosrfavored'na" of tho coutractiug partics from concluding any treaty or provisions, convcntion with any other nation or State it may think proper, as freely and as fully as though said words were not used : Provided, however, That notwithstanding any such treaty or convention, the citizens of the United States shall be placed in Ecuador, with re- spect to navigation and commerce, upon an equal footing with the sub- jects 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 respect to navigation and commerce, that the citizens of the United States enjoy, or shall enjoy, in Ecuador. Aeticle XXXV. The United States of America and the Republic of Ecuador, 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 fuU force and virtue for the Burationoftreat ^^^^^ ^^ twclvc ycars, to bc couutcd from the day of exchange urationo treaty. ^^ ^^^ ratiflcatious, 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 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 citizens shall be held violation of treaty '^ -.^ -ii/in t t tji bydtizens of either persoually respousiblc 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. 3rd. If, (what indeed cannot be expected,) unfortunately, any of the Tioiations tre S'^ticlcs coutaiued in the present treaty shall be violated or "riaHoFH' ""'°" i^ifriDgcd in any way whatever,''it is expressly 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 ECUADOR, 1862. 265 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 unreasonably delayed. 4th. Nothing in this treaty shall, however, be construed or operate contrary to foraier and existing public treaties with other sovereigns aud 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 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 Republic of Ecuador, have signed and sealed these presents. Done in the city of Quito on the thirteenth day of June, in the year of our Lord one thousand eight hu"ndred 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. • [SEAL. [SEAL, J. 0. PiCKETX. Luis de Saa. 1862. CONVENTION FOE THE ADJUSTMENT OF CLAIMS. Concluded November 25, 1862; Ratifications exchanged at Quito, July 27, 1864; Proclaimed September 8, 1864. The United States of America and the Eepublic of Ecuador, desiring to adjust the claims of citizens of said States against Ecuador, and of citizens of Ecuador against the United States, have, for that purpose, appointed and conferred full powers, respectively, to wit: The President of the United States on Frederick Hassaurek, Minister Eesident of the United States in Ecuador, and the President of Ecuador on Juan Jos6 Elores, 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: Article I. All claims on the part of corporations, companies or individuals, citi- zens of the United States, upon the Government of Ecuador, ,. , . ' . .-,..-. -I ... J. CInima to be re-, or 01 corporations, companies or individuals, citizens ot ferred to commi.- Ecuador, upon the Government of the United States, shall be referred to a Board of Commissioners consisting of two members, one of whom shall be appointed by the Government of the Appoi„t„e„t or United States, and one by the Government of Ecuador. In oommissionera. case of death, absence, resignation 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 Ecuador, respectively, or the Minister of the United States in Ecuador, in the name of his Gov- 266 TREATIES AND CONVENTIONS. ernment, shall forthwith proceed to fill the vacancy thus occasioned. Time and lace of ^^® Commissioners so named shall meet in the city of meeti'°i!°°"^o1'°''u°ited other foreign power, shall be granted to citizens of the states. United States, vessels, commerce and navigation, who shall have the right to enjoy the same. Time when con- '^^^ prcseut agrccmcnt shall become operative immedi- TentSnataifbecome' ately upou the couscnt of the Senate of the United States operative. , . "^ ■^. j , . being given to the same. In testimony whereof, the undersigned have signed the present act and have affixefl their seals. Done in Cairo, the sixteenth day of ]S"ovember Eighteen hundred and eighty-four. SEAL SEAL^ K D. Comanos. K Ntjbae. \_The following is a translation of the printed official French version of the Convention he- tween the Hellenio Government and the Egyptian Government concluded March 3, 1684, tlie provisions of which have Veen made applicable to the United States ly the foregoing Agreement. ] A CONVENTION RELATIVE TO COMMERCE AND CUSTOMS. His Excellency ISTubar Pasha, President of the Council of Ministers, Minister of Foreign Affairs of His Highness the Khedive, and Mr. Anas- thasius Byzantios, Diplomatic Agent and Consul-General of Greece, having been duly authorized by their respective Governments, have agreed upon the following: EGYPT, 1884. 273 Article I. Greek commerce in Egypt and Egyptian commerce in Greece shall ■ be treated, as regards customs duties, both when goods are mo« favored na. imported and exported, as the commerce of the most favored «™"i''»»=- nation. Aeticlb II. No prohibitory measure shall be adopted in respect to the reciprocal import or export trade of the two countries, without being eenemi ptohiw- hkewise extended to all other nations. It is nevertheless b"/^.^"'^,? understood that this restriction shall not apply to such spe- *'""'■ cial measures as may be adopted by either country for the purpose of protecting itself against epizooty, phylloxera or any other scourge. Aeticle III. The Egyptian Government pledges itself, with the exceptions men- tioned in article YI hereinafter, not to prohibit the impor- importation of tation into Egypt of any article, the product of the soil and %^ SSwtepT industry of Greece, from whatever place such article may '■"''"''■ come. Article IV. The duties to be levied in Egypt on the productions of the soil and industry of Greece, from whatever place they may come, shall be regulated by a tariff which shall be prepared by be pr^'S byfom- ." ■ ■ , -t n ,-1 • T_ ^1 J. *-i missionera. commissioners appointed for this purpose by the two Gov- ernments. A fixed duty of 8 per cent, ad valorem shall be taken as the basis of this tariff, the said duty to be computed on the price of the FixeddutyorsiJer goods in the port of discharge; the Egyptian Government, Skenirb°S'°ub! however, reserves the privilege of raising the duties on dis- j^^^^^^eptione. tilled beverages, wines and fancy articles ; but these duties shall, in no case, exceed the rate of 16 per cent, ad valorem. The Egyptian Government likewise reserves the right to nim to rod,,™ reduce the duties on articles of prime necessity that are im- lrti$f^vSm7Z ported into Egypt, to 5 per cent., and even to abolish them '""''^'^ entirely. Customs duties shall be collected without prejudice to the penalties provided, in cases of fraud and smuggling,^ by the lectod'without^ we- regulations. ' ^°'""' Article V. Tobacco, in all its forms, and tombac, together with salt, natron, hashish, and saltpeter are excluded from the stipula- ciuded''from°JSi;vM.r tions of this convention. Tbe Egyptian Government retains an absolute right in respect to these articles, the regime of which shall be applicable to Greek subjects on the same terms as to its own subjects. The Egyptian Government may institute, in warehouses or dwellings, any immediate search that it may deem necessary. A du- plicate of the order of search shall be sent to the Greek con- wf;?i'hou°»/s\"d sular ofiBcer, who may repair to the spot at once, if he think ''"°""*- proper, although that formality shall not delay the search. 3769 TE 18 274 TREATIES AND CONVENTIONS. Aeticle VI. impMtation into Bj WEj of cxceptioii to the stipulations of article III, the mStionBoYwarnot importatioii iiito Egypt of arms used in war (including flre- permitted. arms aud side-arms) and munitions of war shall not be per- mitted. The above restriction does not apply to weapons used in hunting or for ornament or amusement, nor does it apply to gunpowder Exception,. ^g^^ .^ hunting; the importation of these articles shall form the subject of special regulations to be adopted by the Egyptian Government. Aeticle VII. Goods imported into Egypt and re- exported within a period not ex- imported and re- cccdlng slx mouths, shall be considered as goods in tran- toated''J°Boo£ ta sit, and shall pay, as such, only a transit duty of one per transit. ccut,, computcd on their value in the port of discharge. After such period of six months, they shall be subject to the full import duty. If the re-exportation takes place from the port of discharge, after a simple transshipment, or after the. goods have been discharged and kept on land, under surveillance, as provided by the customs regulations, for a ijeriod not exceeding one month, such goods shall be liable to no duty ; but the transit duty shall be payable, if, after having been discharged and temporarily deposited, either in the warehouses of the custom-house, or in private warehouses, whether floating or not, the goods are re-exported, after having been the object of a commercial operation. Article VIII. If goods, after the import duty has been levied upon them in Egypt, are sent to other countries before the expiration of the term of six months from the day of their discharge, they shall be treated as portS"''nnd °rVe"; goods lu trauslt, and the Egyptian custom-house shall return ported BoodB. ^^ ^j^^ exporter the difference between the duty paid and the transit duty mentioned in article VII. In order to obtain the drawback, the exporter must furnish proof that the import duty has been paid on the re-exported goods. Article IX. The productions of the soil and industry of Egypt when sent to Greece, Importation oi shall pay an export duty of one per cent, ad valorem, com- taw^Greece.""''"'"' putcd ou thc valuc of the goods in the port of exportation. For greater facility, these productions shall, as far as possible, be periodically tariffed, by mutual agreement, by the representatives of the merchants engaged in the export trade and the Egyptian custom^ au- thorities. Article X. Articles and personal effects belonging to Consuls-General and Con- EiTectB of consular suls uot cugagcd lu othcr than consular business, notper- e°mtaato™nVp°y- formlug oUxeT duties, not engaged in commercial or man- ment of duties. ufacturiug busiucss, and not owning or controlling real es- tate in Egypt, shall be exempt from any examination, both when im- ported and exported, and likewise from the payment of duties. EGYPT, 1884. 275 Article XI. Within thirty- six hours at most after the arrival of a vessel in an Egyptian roadstead or port, the captain or the agent of the owners shall deposit at the custom-house two copies of the manifest of Mnmreataorcareo cargo, certified by him to agree with the original. In like Spi.° "STsiteV".? manner, captains shall, before their departure from an «>'"°">-i"'>»s=- Egyptian port, present at the custom-house a copy of the manifest of the goods on board of their vessels. The original manifest, either on arrival or departure, shall be presented at the same time with the copies, in order to be compared with them. If a vessel stops in an Egyptian port for a reason that appears sus- picious to the custom-house, the latter may require the presentation of the manifest, and may immediately make any search that it may deem necessary ; the order of search shall, in that case, be addressed to tha Greek consular oflcer, as provided in article Y. Any surplus or deficit that may be shown by the comparison of the manifest with the cargo shall furnish ground for the impo- pi„erorraiseman- sition of the fines provided for by the customs regulations "°"- which shall be issued by the Egyptian Government. Article XII. Any custom-house operation in Egypt, either on arrival or by^^^V/ofTooiS'o? departure, must be preceded by a declaration signed by the SJ3red"in°'Ju«om- owner of the goods or his representative. house operation.. The custom-house may, moreover, in case of dispute, require the pre- sentation of all the documents that are to accompany any shipment of goods, such as invoices, letters, etc. Any refusal to make the declaration on arrival or departure, any de- lay in making the said declaration, or any excess or deficiency found to exist between the goods and the declaration shall famish ground for the imposition of the fines provided for by the Egyptian custom-house regulations, in each of the cases specified. Article XIII. The custom-house ofllcers, the oflcers of the vessels belonging to the Egyptian postal-service, and the oflcers of national vessels, may board any saiLLng or steam- vessel of less than two hun- oSs "fo^Sch dred tons' burden, be that vessel at anchor or tacking, at a S'ten "knomotl™ distance not exceeding ten kilometers from the shore, with- """ "'°°''°" out famishing evidence of vis major; they may ascertain the nature of the cargo, seize any prohibited goods, and secure evidence of any other infraction of the customs regulations. Article XIV. Any illicit importation of goods shall furnish ground for the confiscations and fines provided for by the Egyptian cus- finSloTimo't 'm^ toms regulations. '""'^°'^' Decisions ordering confiscations and fines shall be communicated, within the period fixed by law, to the Greek consular oflcer. 276 TREATIES AND CONVENTIONS. Aeticle XV. It is understood that this convention can in np wise impair the ad- Admiwstrative miuistrative rights of the two contracting Governments, and rishia not impaired. |.jjj^^ ^jjgy jjjj^y enforcc anj regulations calculated to promote the efficiency of the service and the repression of fraud. Aeticle XVI. The present convention shall be operative for seven years from the Duration of this tweutlcth day of March, one thousand eight hundred and convention. cighty-fOUr. At the expiration of that period, the present convention shall remain in force during the year following, and so on from year to year, until one of the contracting parties shall notify the other of its desire for the cessation of its effects, or until the conclusion of another convention. Additional Aeticle. Adoption of modi- Thc cffcct of the modifications in the present tariff which {he''in°tlr°Btod''pow^ ^ro provldcd for in article IV, shall be suspended until those '"^ modifications have been adopted by the other powers inter- ested. In testimony whereof, the undersigned have signed the present con- vention. Done in duplicate at Cairo this third day of March, one thousand eight hundred and eighty-four. IsT. JSTUBAE. An. Btzantios. [Office of the director-general of Egyptian custom-hooses.] CUSTOMS EEGULATIOIsrS.* Title I. GENEEAL PEOVISIONS. Aeticle I. Customs Boundary. cuBtom. bound. The shorc of the sea, and the frontiers touching the terri- "'■ tories of the neighboring States, shall form the customs boundary. Aeticle II. Zone of Surveillance. The warehousing and transportation of goods which have crossed the customs line shall be subject to the surveillance of the hnco°ofc°Bto°™offi- custom-house ofiBcers to a distance of two kilometers from °"''°' the land frontier or from the sea shore, and likewise from * Translation of a printed official French yersion of the customs regulations of Egypt, of April 3, 1884. EGYPT, 1884. 277 both banks of tbe Suez Canul and of the lakes through which that canal passes. Outside of these limits, the transportation of goods may take place freely; nevertheless, goods removed fraudulently, and kept in sight by agents of the public force, may be seized even after they have been conveyed beyond the zone of surveillance. The following goods may likewise be seized throughout the extent of the Egyptian territory : prohibited goods, those whose sale p„,,ii,M goods is monopolized by the State, and tobacco or tombac not ac- "51^0^^!^^ companied by a raftieh for circulation in the interior. territory. For vessels, the zone of surveillance shall extend to a distance of ten kilometers from the shore. Caravans crossing the desert, Kig^t to^^M^jcj; and suspected of carrving on illicit trade, shall be subjected MomeMr'8°from to examination and search by the custom-house officers. subject to eewch. Aetiolb III. Passage across the customs boundary. Goods cannot cross the customs boundary during the ^^""^'/b"™;]"™; night, that is to say between the setting and rising of the sun. Zf"' Throughout the extent of the maritime coast-line, it shall be allow- able to enter ports and to come near the shore during the ^.^^^^^^ ^^ ^ night, in localities where there are custom-houses, but no proXtheToro''S discharge, transshipment or shipment shall be made with- out a special authorization, in writing, from the Collector of Customs. Article IV. No shipment, discharge or transshipment of goods shall ^AyAr^M^ take place without the previous authorization of the custom- £"/£ "[sS S'lS house, or when no custom-house officers are present. wmZi'lieos^rT' Any shipment, discharge or transshipment shall take place at the points specially set apart for that purpose by the customs authorities. Captains are forbidden to receive new goods on board of their vessels before having fully complied with the customs formalities relative to goods brought, unless they have received, in writing, the authorization of the Collector of Customs. The latter may permit, by way of exception, the discharge DieobarEa m «b- . , . "^ , ^ ~ ij.il I'll,.!. ^ seice of ofiioials to or transshipment of goods to take place m the absence of bonotedintbemair- the custom-house officers. In this case, he shall mention the fact in a note on the copy of the manifest. Akticle V. Of the permit to sail, otherwise Mown as the Tamhin Captains, before their departure, must present at the custom-house the manifest of the goods on board of their vessels. Not Manifests m<.stb» until after this requirement has been complied with shall p^^^nwdstcustom- the custom-house authorize the port authorities to issue the tamJcin. The custom-house shall be at liberty to cause a tamkin to be issued, even before the presentation of the manifest, to vessels rep- st^^^i privilege resented by an agent in the port of dep&rture, provided that eS by'tfalleSr""'' 278 TREATIES AND CONVENTIONS. such agent has deposited at the custom-house a written pledge to com- ply with this requirement within three days. Steam navigation companies may, with a view to enjoying this priv- concesBions to llego, become responsible, once for all and by means of a lom"aiiSr"'"°° notarial instrument, for any infractions that maybe com- mitted by captains having charge of their vessels. Aktiolb VI. Declarations. Declaration by All custom-house opcrations must be preceded by a dec- °rS °J. ^" '^^"^ laration signed by the owner of the goods or his representa- tive. whotpberesard- The custom-housc shall consider the person holding the reBBSS™""" ""^ transportation company's order of delivery as the legiti- mate representative of the owner, (See Articles XIX and XX.) Abticlb YII. Search. As soon as the declaration has been presented at tae custom-house, Exammation of thc goods shall bc cxamlued. The custom-house shall have eoods. jjjg right to examine all packages, but the Collector may, according to circumstances, if he think proper, exempt from examina- tion those packages whose declared contents may not appear to him to be proper subjects for examination. Less than one package in ten shall not be examined. Additional ejnm- If) after onc examination, and even after the payment of ■nations. ^;]jg ^utjes, Euy furthcr examinations are deemed necessary, the custom-house shall always have the right to order them to be held. The packages shall be opened for examination by the superior oflft- Manner and piaoo ccrs of the custom-housc, lu prcscncc of the interested par- of examination. ^gg . ^jjg opcration shall take place either in the warehouses of the custom-house, or in its offices. In case of suspicion of fraud, the custom-house shall, even in the ab- whereTaiid'"a"M ^^^^^ ^^ ^^^ intcrested party, proceed to open the packages, "ectS. '"" " '""" drawing up a report thereof. Goods- not warehoused, either on account of their dimensions or of their cumbersome character, may be examined outside. Lettora, etc., ex- Bags, Icttcrs aud prfuted documents brought by the mails, tiofif "eiiiSr'eS-' either by land or sea, shall be exempt from examination, tared on a waybill, ppovidcd thcy arc entered upon a regular way-bill. On the other hand, all postal packages shall be subjected to exami- postai packages to Datiou; whcu thcro is no suspicion of fraud, this examipa- be examined. ^qjj gjjau ^g njcrely a summary one, and shall be necessary only in the case of a certain number of packages to be designated by the Collector of Customs. Article VIII. Duties to be collected, privilege, and security of the Treasury. couection of dn- Ifflport, cxport aud transit duties shall be collected in "■■ accordance with existing treaties and conventions. EGYPT, 1884. 279 Charges, moreover, shall be made for storage, warehousing, and por- terage ; for wharfage, cranes, locks, tamJcins, sealing of pack- charB., for «orage, ages, raftiehs, keshfs, declarations, measuring, etc., accord- "°- ing to special regulations. Payments of duties shall be made in cash, in gold or' p^„entofdut,M silver coin according to the tariff of the Government. '° '"' '° ""• No goods shall be delivered until the duties to which they DutieBrp<,airedh». are liable shall have been duly paid. foredouver,. Goods received at the custom-house, no matter what is their destina- tion, shall serve as security to the customs authorities, by 6„oaa held a> ae- way of privilege, for the payment of the duties, charges and cunty for duties, eto. fines of all kinds, due from the person to whom the goods are addressed, on account of those goods or other arrivals. Article IX. Exemption from Duties. The following articles shall be exempt from examination frtm^'examtoS and from the payment of import and export duties: and duties. 1. Articles and personal effects belonging to His Highness Khedive's personal the Khedive. "^=<^"- 2. Articles aqd personal effects belonging to Consuls-Gen- EB-ects of consular eral and Consuls not engaged in other than consular business. °"'°''"- Effects and articles belonging to religious establishments of the va- rious religious denominations, to convents, and charitable or p^t^, eiemjtion educational institutions, shall be exempt from import and Sii^'S"? Tufttt" export duties, but shall be subject to search and examination. "°°'- These establishments shall, at the beginning of each year, send to the custom-house, through their own, or some other consular officer, a list containing an approximate statement of the articles which they intend to import in the course of the year, and of the value of those articles. The exemption shall be suspended until the following year when the total value stated in that list shall have been reached. This exemption is an act of pure favor on the part of the Egyptian Government; it may be refused if the custom-house finds that it is abused. The following articles shall likewise be exempt from import and ex- port duties, but shall be subject to examination and search : 1. Effects, household furniture, books and other articles for private use, belonging to persons who come to settle for the first i,n\z\es exempt time in the country. These articles shall, however, bear f^^^^'Sk^iSi marks of having been used, under penalty of being sub- '»">»="':'■■ jeeted to the payment of the duties required by the regulations. In cases of dispute, experts shall decide. 2. Personal effects brought by travelers and intended for their use. 3. Samples, when not of a nature to be sold as merchandise. 4. Samples of the productions of the soil of Egypt whose value does not exceed one hundred piasters. 5. Specie (gold or silver). 6. Gold or silver in bars. 7. Merchandise belonging to the Departments of the Government and to private citizens, which are exempt from the payment of duties, either in virtue of special orders or of conventions. 8. Articles to be used as provisions by vessels of war belonging to friendly powers, and also provisions and munitions intended for the use of merchant vessels and their crews. 280 TREATIES AND CONVENTIONS. All applications for free iiuportation or exportation must be addressed to the custom-house and the following particulars must be stated: 1. The nature of the articles. 2. Their value. 3. Their marks and num- bers. 4. The name of the vessel which has imported or which is to export them. The granting of exemption from duty shall be subordinate to the condition that the name of the party for whom the goods are intended be mentioned in the bill of lading as the consignee; if the name of a third party is mentioned as such, or if the goods are simply 'consigned to order, the customhouse cannot grant the exemption. An application for exemption must be signed by the party for whom the goods are intended, or by the sender if exemption from the pay- ment of exj)ort duties is applied for. Aetiolb X. Goods taken from wrecked vessels. Goods from wrecked vessels shall be subjected to no duty if they are Goodsfraniwreck- ^ot Intended for an Egyptian port, and they may be re-ex- fronTluSs,?™?? ported without payment of duties as soon as the formalities 't"n°poft./°'' ^""' concerning the wreck have been complied with. Aktiole XI. Permits to leave the custom-house and keshfs. Permits to leave Aftcr the customhousB formalities have been complied ^'!.ntea,"'SS"i!'°ftf° with and the duties paid, a permit to leave the custom- Smpfe'dS! '"""' house shall be delivered to the broker who is to remove the goods from the custom-house. At the request of the importer, and ou presentation of the receipt of Accurate list or the cashicr of the custom-house, an accurate list, or keslif, S'Ste'?e«edOT?ty.'* ^^ t^® goods OU whlch duty has been paid, shall be deliv- ered to the interested party. The presentation of the ZcesA/ shall be indispensable for the free ex- preaentation of portatiofa of goods of forcigu origin, and for the establish- Kae oftTn""t mcut of tho right to the restitution of the difference between eood.. ^jjg import and the transit duties, if the reexportation takes place within six months from the date of the removal of the goods, which date will be shown by the keshf. The custom-house shall deliver no kesUf for goods of a perishable character. A keshf shall be delivered but once, and in case of its loss, it cannot be replaced. Aetiole XII. Importation of productions of Egyptian origin and exportation of produc- tions of foreign origin. If a production of the country, after having been exported to a for- Gooda brought ^igu couutry, is brought back to Egypt, it shall be liable to toAiw.^"''" ""'"° tlie payment of the import duty established on foreign pro- ductions. In like manner, if a production of foreign origin be re-exported, it shall EGYPT, 1884. 281 be subject to the export duty which is established on pro- ^^^ ^^^ ^^^^ ductions of the country, unless it be accompanied by a Iceshf »uK"t'o'duty'"Sn' clearly establishing its identity and the date when the im- '°"' *°' port duty on it was paid; in the latter case, it shall be exported duty- free. If such exportation takes place within less than six months, the resti- tution of the difference between the import duty and tbe transit duty may be claimed. In either case, however, the presentation of the heshf shall be indispensable, as provided in article XI. Article XIII. Removal of Goods from the Custom-Souse and Authorized Gustom-House Brokers. Goods may be removed from the custom-house after the formalities have been complied with by the party holding an order for ^ , . . their delivery, issued by the captain or consignee of the °'^" ° °'""'' vessel, or by the navigation company. Nevertheless, professional custom-house brokers shall not Rejmation. .s to be allowed to remove goods arriving for the account of third «™'°™i'<""= '>™''- pa,rties unless they fulfiU the following conditions: 1. No custom-house broker shall carry on his business without having been authorized to do so b.y the custom-house authorities. 2. An application for authorization shall be made in writing, and shall be accompanied by a certificate attesting the good character of the ap- plicant, the said certificate to be signed by two prominent merchants of well known respectability. 3. If the certificate is deemed suflcient, the authorization shall be granted, and a card of admission shall be delivered to the applicant. 4. If the recommendation is deemed insufBlcfent, the customs author- ities may require the candidate to deposit from 2,000 to 10,000 piasters, or to furnish security given by two merchants whose names are accept- able to the authorities. 5. The deposit or security shall guaranty to the customs authorities the payment of any fines that may be imposed upon the broker by reason of infractions of which he may be found guilty. 6. Any custom-house broker may be suspended from his functions by the Director General of custom-houses, for a determined period, accord- ing to the gravity of the offence or irregularity committed, and that without prejudice to the payment of the penalties incurred. For the first time, the penalty shall not exceed six months. It may be for one year if the offence is repeated. The interested party shall be notified, in writing, of such punitory measure, and the notice sent him shall con- tain a staitement of the reasons for the adoption of such measure. 7. Persons permanently employed by third parties shall be liable to the same fines and penalties as professional customhouse brokers. Title II. IMPOETATION AND TEANSPOKTATION OP GOODS PROM OWE CUSTOM- HOUSE TO ANOTHER. Article XIV. Presentation of goods at Frontier Custom-Mouses. Goods to be imported by land must be presented at the importation by custom-house nearest to the frontier. ^''"''- 282 TREATIES AND CONVENTIONS. If the custom -house is inside of the line, the goods must come by the usual route, without any deviation. If the nearest custom-house cannot receive them, they shall be taken to the nearest custom house that can receive them, but the parties hav- ing them in charge shall provide themselves, at the first custom-house, with a certificate stating that they have presented themselves therfe, and have subjected their goods to a summary examination. If the nearest custom-house is not more than ten kilometers distant, the goods shall be escorted by custom-house officers. Article XV. Manifest of Cargo. In thirty-six hours after the arrival of a vessel in an Egyptian road- origmai manifest stead Or port, the captain or agent of the owners shall rdLpres'SSiSi deposit at the custom-house two copies of the manifest of at cusMm-house. gargo, Certified by him to agree with the original. The original manifest must be presented at the same time, in order that it may be compared with the copies. The presentation of the manifest may be required, no matter what be the reason of the vessel's putting into port, and no matter how long she may remain there. If the vessel is from an Egyptian port, the manifest of cargo must be Manifesto be ac- a-ccompauied by the clearance from that port, unless the companied by cielr- vcsscl has bccu excmptcd from procuring that document ancemcertaincaBes. -> . , . i . ■« -n^ accordmg to Article V. If the Collector of Customs doubts the agreement of the statements ExpTanatioM and made in the manifest with the cargo, the captain must give prodactionofpapera. ^H thc cxplauations and produce all the papers that may be deemed necessary. Reeei t of store- '^^^ storckccper of thc custom-house, after the discharge boSS'ISdHS ^^ *^® goods destined for the port of arrival, shall receipt miEkC"'""™'""' t^^^^for on the copy of the manifest. This copy shall after- ^ards be delivered to the interested party. If the entire cargo is intended for another port, the custom-house shall simply place its vise on the copy of the manifest. Vessels whose cargo is intended for another port, or which arrive in stay of yesseu in ballast, shall uot rcmaln in the pert of arrival, except for ■""■ some reason over which they have no control, for more than three weeks. During their entire stay they shall be under the surveillance of the customhouse. If these vessels desire to prolong their stay in the port on account of repairs, damages, adverse winds, lack of freight, etc., they shall not be allowed to do so unless by special authorization from the custom-house. Such authorization shall not be granted unless the reasons stated ap- pear to be valid. » In default of authorization, the vessel must leave the port without de- lay, and before its departure it shall be subject to search by the custom- house officers. If a vessel stops in a port for a reason that appears suspicious to the custom-house, the latter may require the immediate presentation of the manifest, and may make any search that it may think proper. EGYPT, 1884. 283 Aeticle XVI. Manifest of Importation. In the manifest the foUowipg particulars must be stated : The name of the vessel. The port whence she hails and those where she has called during her voyage. particulars to bo A succinct statement of the various kinds of goods of Su which the cargo is composed. The number and nature of the packages. Their marks and numbers. The total number of packages must be repeated in full. The manifest and the two copies must be written without corrections, erasures or alterations. In case any of the above requirements has not been complied with, the manifest shall be returned and considered as not having been pre- sented. Aetiole XVII. Discharge of Cargo. A custom-house officer shall mark on one of the copies of buum of custom. the manifest, in presence of the captain of the vessel or his cS ofca'li"'''" representative, the packages and goods discharged. Goods shall be taken to the custom-house for examination and registry. That portion of the cargo which is to be conveyed to another destina- tion shall remain on board, and its departure shall be legitimized when the vessel sails, by means of a permit issued by the custom-house to the captain. The custom-house shall have the right to place guards on board of any vessel, and to take such measures as it may think proper for the prevention of any unauthorized shipment, discharge or transshipment. If the quantity of goods or the number of packages discharged is less than the quantity or number stated in the manifest, the captain or his representative shall be required to furnish a satisfactory explanation of the discrepancy. If the missing goods or packages have not been shipped, if they have not been discharged, or if they have been dis- charged at a place other than that of their original destination, this must be shown by means of authentic documents establishing the fact. If the goods or packages mentioned in the manifest are not found, and if their value is claimed by the shipper or the party to whom they were sent, the captain or his representative shall be required to furnish proof that they have paid, such value. If the explanations required by this article cannot be given within twenty-four hours, the captain or his representative shall be required to furnish security or to deposit the amount of the fine provided for in article XXXVIII; in this case, a delay not exceeding four months maybe granted to him in order to enable him to furnish such explanations. Abticle XVIII. Declarations. The declaration required by article VI shall be presented yre.ent»tiou of at the custom-house within eight days after the discharge ff^S^iT"'^ of the cargo. 284 TREATIES AND COlfVENTIONS. That time having expired, a storage (Juty (ardieh) shall be collected on the goods, in accordance with the special regulations on this subject. The customhouse may require the exhibition of all papers that prop- erly accompany a shipment of goods, such as invoices, insurance policy, correspondence, etc. When the owner of any goods requests it, he may be authorized to examine the contents of packages received for his account before pre- paring a declaration thereof. After the declaration has been presented, it cannot be modified with- Deciirationnotto out a Valid cxcusc. Or without an authorization, in writing, be »uereore. If a vessel bound to an Egyptian port has no manifest or shows any indications of frandulBnt practices, the officers must accom- indications ot pany her to the nearest custom-house, drawing up a report ''"""'• of their proceedings. If any vessel of less than two hundred tons' burden, bound to a foreign port, is found within the aforesaid radius without a manifest, or with a manifest that does not contain the customary statements, the custom-house officers may escort her outside of the radius of surveil- lance, or, if there is any indication of fraud, they may compel her to accompany them to the nearest or most convenient custom-house, draw- ing'up a report of their action. The customhouse officers, the officers of the vessels engaged in the Egyptian postal- service, and the officers of national vessels may board any sailing or steam vessel of less than two hundred tons' burden that has cast anchor or that is found tacking within ten kilometers from the shore, without being able to furnish evidence of vis major. If they find any goods on board whose importation or exportation is prohibited, they shall summarily confiscate the same, draw- confieeation of ing up a report stating that the vessel has been found ■°°''''- within the limits, of the radius of surveillance, at anchor without any .necessity therefor, or sailing in such a manner as was justified neither by Its destination nor by a case of vis major. 3769 TR 19 290 TREATIES AND CONVENTIONS. If tlie officers of the cuelom-house,- those of the vessels engaged in pursiit nnd sei.- ths Egyptian postal- service or those of national vessels give „re of vessels. chasB to a vesscl of less than two hundred tons' burden, and if the latter refases to allow them to board her, they shall hoist the flag and pennant of their vessel, and warn the refractory vessel by means of a blank shot. If she does not yet stop, a cannon ball shall be fired among her sails. After this double warning, the pursuing vessel shall make serious use of the arms which she has on board. The pursuit may be continued, and the vessel may be seized outside of the radius of ten kilometers. For vessels of more than two hundred tons' burden, the surveillance shall be confined to observation of their movements along the shore ; in case of an attempt to set goods ashore, or to put them in boats, or to transship them, the aforesaid officers may compel the vessel to accom- pany them to the nearest or most ponvenient custom-house, drawing up a report of the infraction committed by it. The aforesaid officers shall search no vessel of any kind that belongs Vessels beionsins to & forcigu powcrj thcy shall confine themselves to watch- not subScuosearT iug its movements, and in case there is any indication of smuggling,' they shall report what they have seen to the Director of Customs. In the cases above provided for, the reports of the searches must be communicated to the consular officer under whose jurisdiction the of- fender is, if that officer shall so request. Title VIL ooncekning smuggling. Article XXXIII. After any seizure for smuggling, the Collector of Customs and three Custom-house Or four of the principal custom-house officers, shall resolve ?SS'''eh ar ge ^of thcmselvcs into a custom-house commission, and, after having smugsimg. investigated the case, fhey shall- decide whether there is ground for confiscation and' for the imposition of a fine. conBseation of Thc goods may be confiscated, as well as all means of s"'"^- transportation and aU instruments used in smuggling. A fine may be imposed, whatever be the nature of the goods seized; it shall be equal to double the amount of the import duty; ^"""' and, in case of a repetition of the offense, it may be in- creased to four times, and afterwards to six times that amount. The decision of the customhouse commission shall mention the date of the seizure, the circumstances under which it took place, mSSm.'"" °^ """' the names and rank of the seizors, the witnesses and the accused, the kind and quantity of the goods, and the grounds for the decision reached. A copy of this decision, signed by the Collector or some person de- puted to do so by him, shall, on the day on which it is made or the day following, be sent directly by the custom-house to the consular or native officer under whose jurisdiction the accused is. In default of objection made by the accused and communicated to whendecuioube- the custom-house within fifteen days from the date of the comes final. dcllvery of the copy to the officer aforesaid, this decision shall become final, and no appeal therefrom shall be admissible. Appeal to eommer. If thc accuscd thluks propcr to object, his objection shall oiai court. ^g laiij before the commecial court having jurisdiction in the case. EGYPT, 1884. 291 The decisions of the custom-house commission shall be received as evidence until the statements therein made shall be charged with falsity. The reports made by custom-house officers shall be received as evi- dence until the contrary shall have been proved. If the final judicial decision rendered relative to the objection declares the decision of the custom-house commission to be erroneous, the owner of the goods shall be entitled to an indemnity j„J°do'»"e?. '° '"' equal to the damage that he may have suffered in conse- quence of the seizure. If the objection is set aside, the accused shall be liable to ^.^.^^ ^ j^. .^^ a fine equal.to ten per cent, of the value of the articles seized. Au appeal cannot legally be taken unless the party shall have de- posited the amount of the condemnations resulting from the co.,ijitionB of ap- judgment in first instance and the amount of the said fine '"'"• of ten per centum. The Customs Department shall always have power to compromise with the accused by reducing the penalty to a fine which custom, Depan- shall be fixed according to circumstances, but which shall S wS S""™" in no case be less than double the amount of the import "?'=''■ duty. Article XXXIV. Penalties in cases of smuggling shall be applicable to the perpetra- tors, instigators, transporters and accomplices of the frauds pe„ait;e, m cases and to the owners of the goods, jointly and severally. °^ smuggirae. Article XXXV. In addition to ordinary cases of attempted smuggling, the follow- ing shall be considered as contraband, and shall be treated contraband. according to the above rules : 1. Foreign goods landed irregularly in ports or on coasts, having been taken out of their way or discharged before reaching the first custom- house. 2. Foreign goods attempted to be discharged or transshipped without having been manifested, or those found on board of vessels whose bur- den does not exceed fifteen tons, bound to an Egyptian port and having no manifest. 3. Foreign goods found in the Suez ship-canal and the lakes which it crosses, or in the mouths of the Nile, on board of vessels which put in to, or which are in communication with the shore, without the written authority of .the Customs Department; or on board of vessels which run along the shore, cast anchor and put in where there is no custom- house. Goods found as above shall, however, not be considered as contra- band if proper evidence of vis major can be furnished. Exception. 4. Foreign goods found on the person, among baggage, in boats or carriages, or concealed in packages, articles of furniture or other goods, in such a manner as to furnish ground for the presumption of an intent to avoid the payment of duties thereon. 5. Foreign goods removed from the custom-house without a permit to do so. 6. Foreign goods deposited in the desert beyondthe customs boundary, and iA such a manner as to be suspicious. 292 TREATIES AND CONVENTIONS. 7. Foreign goods re-exportod by sea or shipped on board of vessels engaged in the coastwise trade, without a raftieh, when said vessels are of less than five tons' burden. 8. Foreign goods which, after the delivery of the tamkin at their de- parture, shall be loaded upon vessels, or, generally, all goods liable to the export duty that shall be exported or attempted to be exported without having been presented at the custom-house. In this ease the fine to be imposed in addition to the confiscation shall be equal to sixteen times the export duty, and may, in case of a repeti- tion of the offense, be increased to double, and afterwards to sixfold that amount. ' All goods prohibited by the Government, together with tobacco and tombac, sold on the coast or in the interior, in violation of the regula- tions, or found at any point without a Iceshf, raftieh or seal, shall like- wise be considered as contraband, and shall be treated according to the same rules. Title VIII. CONCERNING nWEAOTIONS. Article XXXVI. Infractions shall be punished by a fine that shall be collected, jointly and severally, from the perpetrators thereof, and from their instigators and accomplices, and also from the owners of the goods and loHilfractom ''°'' captains of the vessels ; the latter shall, moreover, be re- sponsible for any infractions that may be committed by the crew. Goods ana vsMd, The goods and vessels shall serve as a guarantee for the amoVibP'dSt'esTnd affiouut of thc duties and fines, without prejudice to the pro- '■"'"• visions of article VIII, paragraph 5, or to any other action. The fine may not be imposed if proper evidence is furnished, of the existence of vis major; the evidence must, in this case, be poBefm°caSof'5i duly fumishcd before the withdrawal of the goods or the "'°^"" departure of the vessels; the custom-house may even grant an extension of the time. Article XXXVII. Any infraction of the provisions of these regulations, or of any others that have been regularly adopted, when such infraction is not included in one of the cases hereinafter provided for, shall be punished by a fine, infractiona to bo the amouut of whlch shall be fixed by the Collfector of cus- punished by a fine, ^Qms. Such fiiic shall uot bc Icss than one-half the amount of the duty, or more than six times the same amount, and, in cases not provided for, and not connected with an importation or exportation of goods, the fine shall be from one hundred to five thousand Turkish piasters. The collection of these flues shall be independent of the duties pay- able according to the treaties, laws and regulations. Article XXXVIII. If any differences in excess exist between the goods and the state- ments made in the manifest, the captain shall pay a fine which shall not EGYPT, 1884. 293 be less than the amouat of the duty, or more than three times the said amount for each package not mentioned in the manifest. ^.^^^ .^ ^^ ^^ If any of the packages in excess have the same marks and di8or°epan?yb"wee°n numbers as other packages mentioned m- the manifest, those that are subject to the highest duty shall be considered as not manifested. Tor each package mentioDed in the manifest and not presented, there shall be collected, according to article XVII, a fine which, in addition to the duty (which shall be estimated according to the statements con- tained in the documents presented), shall not be less than one hundred or more than one thousand Turkish piasters. The fine in the case of goods laden loosely according to the manifest, may be raised to five thousand Turkish piasters. Neverthelfess, discrepancies in excess not exceeding ten per cent., and deficiencies not exceeding five per cent., shall entail no fines. Aetiole XXXIX. For any difference in quantity, value, weight or quality between the written declaration and the goods presented for examina- ^.^^ ^^^ ^^^^^ tion, a fine shall be collected which shall not be less than anw Ltwean'mod^ one fifth of the amount of the duty, or more than the whole °° of that amount. There shall be no ground for the imposition of any fine if the differ- ences in quantity, weight or value do not exceed five per cent. Aetiolb XL. Captains of vessels shall be liable to a fine of from one thousand to ten thousand Turkish piasters, in the following iiabrelrrm/in°?IlJ ' tain cases. cases: 1. If they shall refuse to produce the legal manifest of their cargo, or if they shall have no such manifest. 2. If they shall refuse to allow the custom-house ofiftcers to come on board. 3. If they shall sail or attempt to sail without permission from the custom-house. 4. If they shall violate any other provision of article XV. Always without prejudice to case^ of contraband. The fine shall be from four hundred to two thousand Turkish piasters in the following cases : 1. In case the vessels are not moored in the places designated. 2. In case the discharge, lading and shipment of goods take place without the permission of the custom house, or not in the presence of the custom-house officers. 3. In case of delay in the presentation of the manifest. 4. In case of a failure to present at the custom-house the raftieh or elm-Tchaiar, which must accompany goods carried by vessels engaged in the coasting trade, or conveyed from one custom-house to another by sea. 5. In case of the shipment of goods without permission, before the operations connected with the discharge are finished. 294 TREATIES AND CONVENTIONS. Aeticle XLI. The fine shall be from one hundred to one thousand Turkish piasters Fine for want of 11 case the previous declaration provided for by articles VI, previous declaration. XVIII and XXVII of thcso regulatious shall not have been made. Article XLII. Fine in certEiin The fine shall be from four hundred to four thousand Turkish piasters : 1. In case of an attempt to import or export goods otherwise than according to the rules prescribed, or during the night in the case of goods exempt from the import or export duty. 2. In case the goods sent to another custom-house, or in transit, shall arrive at the custom-house to which they were bound after the expira- tion of the period mentioned in the raftieh or elm-Jchaber, without proper justification of the delay. 3. In case packages that have been examined and shipped in transit, or that are bound to a,nother custom-house, shall be tampered, with on the outside. 4. In case of delay on the part of those who have furnished security in making the payments prescribed by article XXV, paragraph 3. Title IX. concekning seakches. Article XLIII. Search of houeea Iq casc fraud is suspcctcd, officers may search the houses and store,. or storcs of privato iudivlduals. Such searches shall not, however, be made otherwise than in pursu- ance of a written order from the Collector of Customs, and in presence : 1. Of an officer whose rank is above that of Inspector, at least ; 2. Of a representative of the G-overnment, and, in cities in which Municipalities are established, of a representative of the municipal authority. Searches must be made between the rising and setting of the sun. A duplicate of the order directing a search shall be sent to the Con- sular officer interested, who may. at once send a representative, if he thinks proper. The failure of that officer to do so, shall not, however, cause any delay in, or be any obstacle to the search. The statement prepared by the custom-house officers must give the statements and observations of the person in whose house the search has been made, or in case of his absence, the statements and observa- tions of his representatives or domestics. The interested party, or, in his absence, his representatives or domes- tics, shall be requested to sign the statement. Article XLIV. Former provisions. Provisions at vari- All provisious at variauce with those contained in the wlntTonsrepsS,* forcgotng rcgulatious are hereby repealed. EGYPT, 1884. 295 The Egyptian Government may adopt, for the proper management ol" the service and for the repression of fraud, such other K6ypti«n gov-™- measures, similar to the foregoing, as may have been shown "™''XinS.ve by experience to be desirable. ' measure,. A. Caillaed, Director General of Custom-Houses. Examined and approved : MxrsTAPHA Eehmt, Minister of Finance. Cairo, April 2d, 1884. Explanation of fw^gn terms employed in the Egyptian customs regulations. Ardieh : Storage duty. Elm/Khaier : A carefully prepared, detailed, and descriptive list. Keshf: Invoice or list of goods. EafUeh : Receipt for payment of customs duties. TamMn : Permit to sail. Vis major : A condition entirely teyond the control of the person concerned. FEANOE. 1778,* TREATY OF AMITY AND COMMERCE. Concluded February 6, 1778; Ratified by the Continental Congress May 4, 1778; Ratifications exchanged at Paris July 17, 1778. The Most Christian King, and the thirteen United States of North America, to wit, Kew Hampshire, Massachusetts Bay, Ehode Island, Connecticut, New Tork, New Jersey, Pennsylvania, Delaware, Mary- land, Virginia, North Carolina, South Carolina, 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 respective countries, States, and subjects. His Most Christian Majesty and the said United States have judged that the said end could not be better obtained than by taking for the basis of their agreement the most perfect equality and reciprocity, and by carefully avoiding all those burthensome prefer- ences which are usually sources of debate, embarrassment and discon- tent ; by leaving, also, each party at liberty to make, respecting com- merce and navigation, those interior regulations which it shall find most convenient to itself; and by founding the advantage- 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, Conrad Alexander Gerard, Eoyal Syndic of the city of Strasbourg, Secretary of His Maj- esty's Council of State; and the United States, on their part, having fully impowered Benjamin Franklin, Deputy from the State N«ot.atore. ^j Peunsylvaula to the General Congress, and President of the Convention of said State, Silas Deane, late Deputy from the State of Connecticut, 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 Declaration of sinccrB Mcndship between the Most Christian King, his amity. hclrs aud successors, and the United States of America; and the subjects of the Most Christian King and of the said States; and betweien the countriesj'islands, cities and towns situate under the juri^ " See notes : "Abrogated, suspended or obsolete treaties." 296 PRANCE,' 1778. 297 diction of the Most Christian King and of the said United States, and the people and inhabitants of every degree, without exception of per- sons or places ; and the terms hereinafter mentioned shall be perpetual between the Most Christian King, his heirs and successors, and the said United States. Aeticle II. The Most Christian King and the United States engage mutually not to grant any particular favour to other nations, in respect of Met favored na- commerce and navigation, which shall not immediately be- """p"""'*™- come common to the other party, who shall enjoy the same favour, freely, if the concession was freely made, or on allowing the same com- pensation, if the concession was conditional. Aktiole III. The subjects of the Most Christian King shall pay in the ports, havens, roads, countries,islands, cities or towns of the United States, „ ,. . or any of them, no other or greater duties or imposts, ot ™^,^^j'^^»j|" "'^ what nature soever they may be, or by what name soever °"° "' called, than those which the nations most favoure(? are or shall "C obhged to pay; and they shall enjoy all the rights, liberties, privi- leges, 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. Aktiole IV. The subjects, people and inhabitants of the said United States, and each of them, shall not pay in the ports, havens, roads, isles, uo dismmmation cities and places under the domination of His Most Chris- » duties ■« France. tian Majesty, in Europe, any other or greater duties or imposts, of what nature soever they may be, or by 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, 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 France on foreign ships; un- p„ticuiar exemp. less when the ships of the United States shall load with the ''""■ merchandise 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 under- stood 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 to the subjects, people or inhabitants of the said United to'|veS°°o*fThi States, or any of them, being in his ports, havens or roads, ''°"="'"°"- or on the seas near to his countries, islands, cities or towns, and to re- 298 TREATIES AND CONVENTIONS. cover and restore to the right owners, their agents 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 authority, shall upon all occasions take under their protection all vessels belonging to the subjects, people or inhabitants of the said United States, or any of them, and h6lding 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 attacks, force and violence, in the same manner as they ought to protect and defend the vessels be- longing to the subjects of the Most Christian King. Article VII. In like manner the said United States and their ships of war, sailing Protection granted undcr thcir authority, shall protect and defend, conforma- to French yesseis. ,][j2g ^q ^]jg tcuor of the preccding 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 Sta1*s, or any of them. Article VIII. The Most Christian King will employ his good offices and interposi- Treaties ^.ith the tJOQ wlth the Kiug Or Empcror of Morocco or Fez, the re- Barbary Powers, geucics of AlgicT, Tuuls, aud Trlpoli, Or with any of them ; and also with every other Prince, State or Power, of the coast of Bar- bary, in Africa, and the subjects of the said King, Emperor, States and Powers, and each of them, 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 effects against all violence, insult, attacks or depre- dations on the part of the said Princes and States of Barbary, or their subjects. Article IX. The subjects, inhabitants, merchants, commanders of ships, masters and mariners of the States, provinces and dominions of each party respectively shall abstain and forbear to fish in all 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 here- after 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 here- after possess ; and if any ship or vessel shall be found fishing contrary to the tenor of this treaty, the said ship or vessel, with its lading, proof being made thereof, shall be confiscated. It is, however, understood that the exclusion stipulated in the present article 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 exemption to some other nation. Article X. The United States, their citizens and inhabitants, shall never disturb Fiiherie. on banks thc subjccts of thc Most Christian King in the enjoyment ofNewronn.ibm.1. g^^j^j excfclse of thc rfght of fishing on the banks of New- foundland, nor in the indefinite and exclusive right which belongs to PRANCE, 1778. 299 tliem on that part of the coast of that island 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) Aktigle XI. The subjects and inhabitants of the said United States, or any one nf them, shall not be reputed aubains in Prance, and conse- ^.^^.^^ ^^ ^^^ .^^ quently shall be exempted from the droit cPmitaine, or other stater"'?jei™c.i similar duty, under what name soever. They may by testa- bS,'and"may £ , -. y. ,, . -,. j?ii*T 11 pose of their estate. ment, donation or otherwise, dispose of their goods, moveable and immoveable, in favour of such persons as to them shall seem good, (o) The two articles following 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 melasses that may be taken by the subjects of any of the United States from the is! ands 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 duties imposed on the exportation of any kind of merchandize which the subjects of His Most Christian Majesty niay take from the countries and possessions, present or future, of any of the thirteen IJnited States, for the use .of the. islands which shall furnish melasses. Act of France rescinding the foregoing articles : [Translation.] The General Congress of the United States of North America, having represented to the King 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 hisdesire to consolidate the union and good cor- respondence established between the two States, has been pleased to consider their representations : His Majesty has consectuently 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 Vbrgennes. Act of tKe 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 twelftii 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, &o., i B. Franklijst. Arthur Lee. .loHN Adams. 300 TREATIES AND CONVENTIONS. 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, whether such by particular title, or ab intestat, shall be exempt from all duty called droit 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 Lite prmieses subjccts of the Most Christian King shall enjoy on their part, of T/ai" T^'^hl in all the dominions of the said States, an entire and perfect United state.. reclprocity relative to the stipulations contained in the present article, but it is at the same time agreed that its contents shall not aftiect the laws made, or that may be made hereafter in France against emigrations which shall remain in all theii" 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. Aeticlb XII. The merchant ships of either of the parties which shall be making Proof of natio-ai- ^^0 & port bclouging to the enemy of the other ally, and ity of vesseiB. conccming 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 pass- ports, but likewise certificates, expressly shewing that her goods are not of the number of those which have been prohibited as conteaband. Akticle XIII. If by the exhibiting of the abovesaid certificates the other party dis- sei^ure of contra- covcr thcrc arc any of those sorts of goods which are pro- band goode. 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 parcels 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, ex- change or alienate the same, in any manner, until 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 ; ^ut 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 rec^eived on board the vessel of the captor, then the captor may, notwiths(;anding the offer of delivering him the contraband goods, carry the vessel into the nearest port agreeable to what is above directed. FRANCE, 1778. 301 ' ' AKTIOLE XlVi ' Oa the contrary, it is agreed that whatever shall be fonnd to be laden by the subjects and inhabitants of either party on any ship ^^^^ ,^ ^^ ^.^^ . belonging to the enemys of the other, or to their subjects, rioi^vM^^eZdJot the whole, although it be not of the sort of prohibited goods, "fter"'dKiarat1cirof may be confiscated 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 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 afore- said, 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 re- stored without delay to the proprietors demanding thp 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 indemnity suaran- injury by the men-of-war or privateers of the other party, Sefsof eithe?n" all the commanders of the ships of His Most Christian """• Majesty and of the said United States, and all their subjects and inhab- itants, shall be forbid doing any injury or damage to the other side; and if they act to the contrary, they shall be punished, and shall more- over be bound to make satisfaction for all matter of damage, and the interest thereof, by reparation, under the pain and obligation 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 capture, b? pi- high seas, shall be brought into some port of either State, '""■ and shall be delivered to the custody of the officers of that 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 ^^.^^^ ^^^^^ goods taken from their enemies, without being obliged to nJlao Sfport^M pay any duty to the officers of the admiralty or any other 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 phow ; on the contrary, no shelter or refuge shall be given n» .h'^ter .haii be in their ports to such as shall have made prize of the sub- ItlJuMfromS jects, people or property of either of the parties ; but if '""^• such shall come in, being forced by stress of weather, or the danger of 302 TREATIES AND CONVENTIONS. the sea, all proper means shall be vigorously used that they go out and retire ironi thence as soon as possible. Akticlb XVIII. If any ship belonging to either of the parties, their people or subjects, Shi wreck. shall, within the coasts or dominions of the other, stick upon the sands, or be wrecked, or suft'er 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. AKTIOliE XIX. In case the subjects and inhabitants of either party, with their ship- ABjiumgmntedto ping) whcthcr publlck and of war, or private and of mer- .=s»ei» in distrea.. chauts, bo foFced, through stress of weather, pursuit of pirates or enemies, or any other urgent necessity for seeking of shelter 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. Aeticle XX. For the better promoting of commerce on both sides, it is agreed that Treatment of citi- if ^ War shall brcak out between the said two nations, six i^°irritorr oT'ihe mouths aftcr the proclamation of war shall be allowed to the other in timeorwa.r. mcrchants lu thc citlcs and towns where they live for selling 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 satisfaction shall be made for the same. Article XXI. Ifo subjects of the Most Christian King shall apply for or take any Lettersofmar ne commissiou. Or lettcrs of marque, for arming any ship or marane. gj^jpg ^ ^^^ ^^ prlvatecrs against the said United States, 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 any of the inhabitants of any of them, from any Prin.ce or State with whicn 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 tafie such commissions or letters of marque, he shall be punishesd, as a pirate. 303 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 United States, who have commissions from any other Prince notiwS trbrr" or State in enmity with either nation, to fit their ships their°"'pri?eB 'fn tL in the ports of either the one or the other of the aforesaid ""'"' °"''"'"'"^- parties, to sell what they have taken, or in any other manner whatsoever to exchange their ships, merchandises or any other lading; neither shall they be allowed even to purchase victuals, except such as shall be neces- sary for their going to the next port of that Prince or State from which they have commissions. Aeticle 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 pHviiege of neu- said United States, to sail with their ships with all manner rn'X'S.JSiern'ot of liberty and security, no distinction being made who are ''"•"■"'^^ 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 antl 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 ailso 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 p^^ g^ipB, i,ee shall be deemed to be free and exempt which shall be found '°'"'°- on board the ships belonging to the subjects of either of the 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. Aeticle XXIV. This liberty of navigation and commerce shall extend to all kinds of merchandizes, excepting those only which are distinguished g„^,_.^^^^j by the name of contraband ; and under this name of contra- *°°"'''"'° """''■ 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, mor- tars, petards, granades, saltpetre, muskets, musket-ball, bucklers, hel- mets, 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 material^ 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, copper, brass, coals; as also wheat and barley, and any other kind of 304 TREATIES AND CONVENTIONS. corn and pulse; tobacco, and likewise all manner of spices; salted and smoked flesh, salted flsb, 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. Aeticle XXV. To the end that all manner of dissentions and quarrels may be avoided Proofs of national- ^^^ prevcutcd, ou onc side and the other, it is agreed that ityofvesaei.. jjj gg^gg elthcr of thc partics hereto should be engaged in war, the ships and vessels belonging to the subjects or peo'ple of the other ally must be furnished with sea-letters or passports, express- ing 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, thaJt it may appear thereby that the ship really and truly belongs to the subjects of one of the parties, which passport 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- Treatnent of re.- Jig upou any coasts bclouging to either of the said allies, but which' wnfLrd"." not willing to enter into port, or being entered into port St"the ™Mts"r°?n ^ud not wiUiug to unload their cargoes or break bulk, they otherr"' "'"^ 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 the parties shall be met with, either sailing along the coasts to "pra^howilfg or on the high seas, by any ship of war of the other, or by dSe?b°°.hip°B of any privateers, the said ships of war or privateers, for th© «ar of the other. ayoj^Qg of Ruy dlsordcr, shall remain out of cannon-shot, and may send their boats aboard the merchant ship which .they, shall ' FRANCE, 1778. 305 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 man- ner, 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 contractin g parties, shall be sub- visitation « >, a ject to no farther visitation; but all visitation or search ■'"'^pn'i'iwted. shall be made beforehand, and all prohibited goods shall be stopped on the spot,. before the same be put on board, unless there are mani- fest tokens or proofs of fraudulent practice ; nor shall either the per- sons 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 punished for the offe nee. Article XXIX. The two contracting parties grant mutually the liberty of having each in the ports of the other Consuls, Vice-Consuls, Agents, and Oommissiaries, whose function's shall be regulated by a par- bom's'? '° '""'°''" ticular agreement. Article XXX. And the more to favour and facilitate the commerce which the sub- jects of the United States may have with France, the Most Christian King will grant them in Europe one or more free f^^ro'^- ports, where they may bring and dispose of all the produce and mer- chandize of the thirteen United States ; and His Majesty will 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, agreeable to the regulations which relate to them. Article XXXI, The present treaty shall be ratified on both sides, and the ratifica- tions shall be exchanged in the spacei of six months, or EatiBctionB. 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 Done at Paris this sixth day of February, one thousand seven hun- dred and seventy -eight. SEAL SEAL. SEAL. SEAL. .^7fi9 TT?. 20 C. A. Gerard. B. Franklin. Silas Deane. Arthur Lee. 306 TREATIES AND CONVENTIONS. ANNEX TO THE TEEATY OF AMITY AND COMMERCE BETWEEN THE UNITED STATES AND FRANCE OF FEBRUARY 6, 1778. Form of the pa ssports and letters, whicli are to be given to the ships and barks, according to the twenty- seventh article of this treaty. To all who shall see these pres- ents greeting: It is hereby made known that leave and permission has been given to master and commander of the ship called of the town of burthen — — tons or thereabouts, lying at present in the port and haven of and bound for ■ and laden with — ; af- ter that his ship has been visited and before sailing he shall make oath before the officers who have the j urisdiction of maritime affairs, that the said ship belongs to one or more of the subjects of , 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 en- ter 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 boa-rd 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 faith- ful account to them of what passed and was done during his voyage, and he shall carry the colours, arms and ensigns of the (King, or United States) during his voyage. In wit- ness 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 .^_ A. D, . Forme des passeports et lettres qui doivent 6tre donnas aux vais- seaux et barques conformement k I'article vingt sept du traits ci-des- sus. A tous ceux qui les presentes verront, soit notoire que faculty et permission a 6t6 accord^e & ■ — maitre ou commandant du , navire appell6 de la ville de — '■ — dela capacity de ton- neaux ou environ, se trouvant pre- sentement dans le port et havre de est destin^ pour charge de — qu'apres que son navire a ^t6 visits, et avant son de- part, il prfetera serment entre les mains des officiers de marine, que le dt navire apartient k un ou plu- sieurs sujets de dont I'acte sera mis k la fin des presentes; de meme qu'il gardera et fera garder par son Equipage les ordonnances etr6gleinent8maritimes,etremettra une liste signee et confirmee par te- moins, contenant les noms et sur- noms, les lieux de naissance et la demeure des personnes composant l'6quipage de son navire etde tous ceux qui s'y embarqueront, lesquels il ne recevra pas k bord sans la con- noissance et la permission des offlci - ers de marine; etdans chaque port ou havre oil il entrera avec son navire, il montreralapresente per- mission aux officiers et juges de marine et leur fera un raport fldMe de ce qui s'est pass6 durant son voiage, et il portera les couleurs, armes et enseignes du (Eoi ou des Etats Unis) durant son dit voiage. En temoin de quoi noiis avons sign6 les presentes, les avons fait contre- signerpar '■ ,ety avons fait apposer le sceau de nos armes. Donn6 le de I'an de grace le , FRANCE, 1778. 307 1778. * TREATY OP ALLIANCE. Concluded February 6, 1778; Ratified lythe Continental Congress May 4, 1778; Ratifications exchamged at Paris JMy 17, 1778. The Most Christiau King and the United States of Korth America, to wit : New Hampshire, Massachusetts Bay, Ehodes 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 strengthening those engagements, and of rendering 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 Prance, either by direct hostilities, or by hindering 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- cils and efforts against the enterprises of their common enemy, the respective Plenipotentiaries impowered to concert the clajuses and con- ditions proper to fulfil the said intentions, have, after the most mature deliberation, concluded and determined on the following articles : Abticlb I. If war should break out between Prance and Great Britain during the continuance of the present war between the United j,„ij„„. ,„i„3, States and England, His Majesty and the said United States """ ''"'°'° 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 faithftil 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 onblSlsmea well in matters of government as of commerce. tobemaiDtainsd. 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 inits power against their common enemy, in order to attain the end proposed. Article IY. The contracting parties agree that in case either of them should form any particular enterprise in which the concurrence of the other may be desired, the party whose concurrence is cotl™!? Se" desired, shall readily, and with good faith, join to act in con- "°'"' cert for that purpose, as far as circumstances and its own particular * See notes "AT)rogated, suspeaded or obsolete treaties." 308 TREATIES AND CONVENTIONS. situation will permit; and in that case, they shall regulate, by a particu- lar convention, the quantity and iiind of succour to be furnished, and the time and manner of its being brought into action, as well as the advan- tages 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 ebaifSg "thB America, or the islands of Bermudas, those countries or United state.. iglauds, lu casB of success, shall be confederated with or dependant upon the said TJnited States. Aetiole VI. The Most Christian King renounces forever the possession of the ReiiiMiuBhrnentby Jslands of Bcrmudas, as well as of any part of the continent mfSfoSewed by o^ North America, which before the treaty of Paris in Great Britam. 1763, Or lu virtuc of that treaty, were acknowledged to belong to the Crown of Great Britain, or to the TJnited States, hereto- fore 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 oonQuert, that shall Islauds sltuatcd in the Gulph of Mexico, or near that Gulph, beionstoFranee. ^hlch arc at prcseut under the power of Great Britain, all the said isles, in case of success, shall appertain to the Crown of Prance. Article VIII. Neither of the two parties shall conclude either truce or peace with Common con.ent Grcat Britain without the formal consent of the other first aTeafy wiirGreat obtaiucd ; aud they mutually engage hot to lay down their Britain. Rrms uutil the independence of the United States shall have been formally or tacitly assured by the t^reaty or treaties that shall ter- minate the war. Article IX. The contracting parties declare, that being resolved to fulfil each on its own part the clauses and conditions of the present tio'STciai^ToS"^- treaty of alliance, according to its own power and circum- connt or war. stauccs, 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 Other pnwerfl per- admit other powers who may have received injurie*s from tte°l'irTCcede''ta Euglaud, to makc common cause with them, and to accede "" °"'°°°°' 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- Mutnai Buaranty Gvcr agaiust all othcr powers, to wit : The United States to of proprietary riBb.,. gjg Most Christian Majcsty, the present possessions of the Crown of France in America, as well as those which it may acquire by FRANCE, 1778. 309 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 article, the contracting parties declare, that in case Burauon of guar. of a rupture between Prance 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 .,. ., -I ^ *• ' Ratifications. sooner II 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 l^he same State, Silas Deane, heretofore Deputy from the State of Connecticut, and Arthur Lee, Councellor at Law, have signed 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 afi&xed their Done at Paris, this sixth day of February, one thousand seven hun- dred and seventy-eight. SEAL. SEAL. SEAL. SEAL. C. A. Gekakd. B. Franklin. Silas Deane. Arthur Lee. 1778.* ACT SEPARATE AND SECRET RESERVING RIGHT OF KING OF SPAIN TO AGREE TO THE FOREGOING TREATIES. Concluded February 6, 1778 ; Ratified by the Continental Congress May 4, 1778 ; Katifications exchanged at Paris July 17, 1778. 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 *See notes "Abroerated. suBDended. or obsolete treaties." 310 TREATIES AND CONVENTIONS. intended, and intends, to reserve expressly, as he reserves by this pres- ent separate and secret act, to his said Catholick 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 Catholick 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 CTnited 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 impowered 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 endeavor, 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 aflSxed to the same their seals. Done at Paris this sixth day of February, one thousand seven hun- dred and seventy-eight. SEAL. seal; SEAL.' SEAL.' C. A. Geeaed. B. Feanexin. Silas Deane. Aethtor Lee, Deputy, Plenipotentiary for France ^nd Spain. 1782. CONTRACT FOR THE PAYMENT OF LOANS TO HIS MOST CHRISTIAN MAJESTY. Concluded July 16, 1782 : Ratified by the Continental Congress, January 22, 1783. The King having been pleased to attend to the requests made to him in the name and on behalf of the United Provinces of North America, for assistance in the war and invasion under which they had for sev- eral years groaned ; and His 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 reduced: it has been judged proper and necessary to state exactly the 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 stale this matter in such a way as for the future to prevent all difiSculties 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 FRANCE, 1782. 311 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 Gravler de Vergennes, &c., Counsellor of the King, in all his councils, Cominander of his Orders, Minister and Secretary of State, and of his commands and finances, vested with full powers of His Majesty to us given for this purpose: and we, Benjamin Franklin, Min- ister Plenipotentiary of the United States of l^orth America, in like manner vested with fall 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 United States, under the title of a loan, in the years 1778, 1779, 1780, 1781, and the present, ^°'°"°'° '°™ 178a, 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 % 3! 4 5, e; 7 s; 9, lo: 11 12, 13; 14, 15, 16 17; is: 19, •20: 21 28 February, 1778 750,000 19 May, ditto , 750, 000 SAugust, ditto 750,000 1 November, ditto 750, 000 10 June, 1779 250, 000 16 September, ditto 250, 000 4 October, ditto 250, 000 21December, ditto 250,000 29 February, 1780 750,000 23 May, ditto 750, 000 21 June, ditto 750, 000 50ctober, ditto 750,000 27 November, ditto 1, 000, 000 15 February, 1781 . , 750, 000 15 May, ditto 750, 000 15 August, ditto 750, 000 1 August, ditto 1,000,000 15 November, ditto 750, 000 3, 000, 000 1, 000, 000 4, 000, 000 4, 000, 000 6, 000, 000 Amounting in the whole to 18 millions, viz . 18, 000, 000 10 April, 1782 1, 500, 000 1 July,' ditto 1, 500, 000 5 of the same month 3,000,000 By which receipts the said Minister has promised, in the name of Con- gress, and in behalf of the thirteen United States, to cause to be paid and reimbursed .to the royal treasury of His '°'"'"™'''™- Majesty, on the 1st of January, 1788, at the house of his gfand banker at Paris, the said sum of eighteen millions, money of France, with in- terest at 5 per cent, per annum. ;312 TREATIES AND CONVENTIONS. Article II. Considering that the payment of so large a capital at the one stipu- Repayment of latcd poriod, the 1st of January, 1788, may greatly injure loaus. ^jjg finances of 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 wliich 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 HI. Although the receipts of the Minister of the Congress of the United AbatemsM of m- States spccify that the eighteen million of livres above tere.t. meutloned 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 IY. The payment of the said eighteen millions of livres tournois shall be in ready money at the royal treasury of His Majesty at Paris, ■shYn p^opOTtion'tlj' in twelve equal parts, and at the terms stipulated in the paymenw. abovc secoud 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 nmde b ^^^ Statcs Ceucral of the United Provinces of the Nether- FfaSJf in"Hoiiaiid! lauds, ou thc tcrms of the obligation passed on the 5th of fo'Sie'ItleofD^ted Novembcr, 1781, between His Majesty and the said States General, has been made in His Majesty's name, and guaran- teed by him, it is nevertheless acknowledged by these presents, that the said loan was made in reality on account, and for the service, of the United States of North America, and that the capital, amounting, at a moderate valuation, to the sum of ten millions livres tournois, has been paid to the said United States, agreeably to a receipt for the payment of the said sum given by the undersigned Minister of Congress the seventh day of June last. FRANCE, 1782. 313 Aetiole VI. By the convention of the said 5th of November, 1781, the King has been pleased to promise and engage to furnish and pay at EnBasenientorthe the general counter of the States General of the Netherlands, £'s'„'"=S' fS 'K the capital of the said loan, with the interest at four per '""''■ cent, per annum, without any charge or deduction whatever to the lend- ers, so that the said capital shall be wholly repaid after the space of five years, the payments to be made in ten equal periods, the first of which to commence the sixth year from the date of the loan, and afterwards from year to year to the final payment of the said sum ; but it is in like manner acknowledged by this act that this engagement was entered into by the King at the request of the undersigned Minister of the United States, and on the promises by him made in the name of Con- gress, and on behalf of the thirteen TJnited States, to cause to be reim- bursed and paid at the royal treasury of His Majesty at Paris, the capital, interest, and cost of the said loan, according to the conditions and terms fixed by the said convention of the 5th of November, 1781. Article VII. It is accordingly agreed and settled that the sum of ten million livres tournois, being, by a moderate computation, the principal Asreement by the of the loan of five millions of Holland florins above men- pa"^'™™Tor°tife" tioiied, shall be reimbursed, and paid in ready money at the '"""■"H"""'"'- royal treasury of His Majesty at Paris, with the interest at four per cent, per annum, in ten equal payments, of one million each, and in ten terms, the first of which shall be on the 5th of November, 1787, the second, the 5th November, 1788, and so from year to year till the final payment of the said sum of ten millions, the interest lessening in proportion with the partial payments of the capital. But in consequence of the King's afBection for the United States, His Majesty has been pleased to charge himself with the expense of commissions and bank for the said loan, of which expenses His Majesty has made a present to the United States, and this their undersigned Minister accepts, with thanks, in the name of Congress, as a new proof of His Majesty's generosity and friendship for the said United States. Article VIII. With regard to the interest of the said loan during the five years pre- ceding the first term of payment of the capital, as the King has engaged to pay it at the general counter of the States loan'trHoCmi'fo? Greneral of the Netherlands, at the rate of four per cent. byD^S stafe8'"'to yearly, and every year, counting from the 5th of November, ^""'"" 1781, according to the convention of that day, the Minister of Congress acknowledges that the repayment of that is due to His Majesty by the United States, and he engages, in the name of the said United States, to cause payment thereof to be made at the same time and at the same rate at the royal treasury of His Majesty; the first year's interest to be paid the 6th of November next, and so yearly, during the five years preceding the first term for the payment of the capital, fixed as above on the 5th of November, 1787. The high contracting parties reciprocally bind themselves to the faith- ful observance of this contract, the ratifications of which Ratification.. shall be exchanged in the space of nine months from this day, or sooner if posssible. Bl4 TREATIES AND CONVJ&NTlONg. In testimouy wlieteof we, the said Plenipotentiaries of His Most Chris- tian Majesty, and of the thirteen United States of North America, in virtue of our respective powers, have signed these presents, and there- unto fixed the seal of our arms. Done at Versailles the 16th day of July, one thousand seven hundred ^nd eighty-two. SEAL. SEAL. Geavibk de Veegennes. B. Pkanklin. 1783. trONTEACT FOR A NEW LOAN OF SIX MILLION LIVEES FROM HIS MOST CHRISTIAN MAJESTY, AND FOR THE PAYMENT OF OLD LOANS. Concluded February 25, 1783 ; Ratified by the Continental Congress Octo- ber 31, 1783. The re established peace between the belligerent Powers, the advan- tages of a free commerce to all parts of the globe, and the independence of the thirteen United States of Forth America, acknowledged and founded on a solid and honorable basis, rendered it probable that the said States would be in a condition to provide hereafter for their neces- sities by means of the resources within themselves without being com- pelled to implore the continuation of the succours which the King has so liberally granted during the war: But the Minister Plenipotentiary of the said United States to His Majesty, having represented to him the exhausted state to which they had been reduced by a long and disastrous war. His Majesty has condescended to take into consideration the request made by the aforesaid Minister, In the name of the Congress of the said States, for a new advance of money to answer numerous purposes of urgent and indispensable expenses in the course of the present year; His Majesty has in consequence determined, notwithstanding the no less pressing necessities of his own service, to grant to Congress a new pe- cuniary assistance, which he has fixed at the sum of six millions livres tournois, under the title of loan, and under the guaranty of the whole thirteen United States, which the Minister of Congress has declared his acceptance of, with the liveliest acknowledgments, in the name of the said States. And as it is necessary to the good order of His Majesty's finances, and also useful to the operations of the finances of the United States, to assign periods for payment of ^ the six millions livres in -question, and to regulate the conditions and terms of reimbursement which should be made at His Majjesty's royal treasury at Paris, after the manner of what -has been stipulated for the preceding advances, by a former con- tract of the 16th July, 1782— We, Charles Gravier, Count de Vergennes, &c.. Counsellor of the King in his Councils, Commander of his Orders, Chief of the Eoyal Council of Finances, Counsellor of State, &c., Minister and Secretary of State and of his commands and finances, invested with full powers by His Maj- esty, given to us tor the purpose of these presents: And we, Benjamin Franklin, Minister and Plenipotentiary of the United States of North America, likewise invested with full powers by the Congress of said States, for the same purpose of these presents, after having compared and duly communicated to each other our respective powers, have •agreed on the foUowinar articles : ftlANCE, 1783. 315 Article I. The payment of the sii Daillions livres, French money, above men- tioned, shall be made from the funds of the royal treasury in propor- tions of five hundred thousand livres during each of the twelve months of the present year, under the acknowledgments of the Minister of the said United States, promising in the name of Congress and in behalf of the thirteen United States, to reimburse and refund the said six millions livres, in ready money, at His Majesty's royal treasury, at the house of the sieur grand banker at Paris, with interest at five per cent, per annum at periods hereafter stipulated in the third and fourth articles. The advances which His Majesty has been pleased to allow to be made on account of the six millions in question shall be deducted in the payments of the first month of this year. ' , Aeticle II. For better understanding the fixing of periods for the reimbursement of the six millions at the royal treasury, and to prevent all ambiguity on this head, it has been found proper to recapitulate here the amount of the preceding aids granted by the King to the United States, and to distinghish them according to their different classes. The first Is composed of funds lent successively by His Majesty, amounting in the whole to the sum of eighteen millions livres, reimbursable in specie at the royal treasury in twelve equal portions of a million five hundred thousand livres each, besides the interest, and in twelve years, to com- mence from the third year after the date of the peace, the interest, be- ginning to reckon at the date of the peace, to be discharged annually, shall diminish in proportion to the reimbursement of the capital, the last payment of which shall expire in the year 1798. The second class comprehends the loan of five millions Dutch florins, amounting, by a moderate valuation, to ten millions livres tournois, the' said loan made in Holland in 1781, for the service of the United States ■of M'orth America, under the engagement of the King to refund the •capital, with interest at four per cent, per annum, at the general counter 'of the States General of the United Provinces of the N"etherlands, in ten equal portions, reckoning from the sixth year of the date of the said loan, and under the like engagement on the part of the Minister of Oon- :gress, and in behalf of the thirteen United States, to reimburse the ten millions of said loan in ready money at the royal treasury, with inter- 'BSt at four per cent, per annum, in ten equal portions of a million each, and in ten periods from year to year; the first of which shall take place in the month of November, 1787, and the last in the same month, 1796. The whole conformable to the conditions expressed in the con- tract of the 16th July, 1782. In the third class are comprehended the aids and subsidies furnished to the Congress of the United States, under the title of gratuitous as- sistance, from the pure generosity of the King, three millions of which "were granted before the treaty of February, 1778, and six millions in 1781; which aids and subsidies aniount in the whole to nine millions livres tournois. His Majesty here confirms, in case of need, the gratu- itous gift to the Congress of the said thirteen United States. Article III. The new loan of six millions livres tournois, the subject of the present contract, shall be refunded and reimbursed in ready money at His 316 TREATIES AND CONVENTIONS. interest at five per cent, per annum, and in six periods, the first of which shall take place in the year 1797, and so on from year to year, until 1802, when the last reimbursement shall be completed. Akticle IV. The interest of five per cent, jper annum of the capital of the six millions, mentioned in the preceding article, shall begin to be reckoned from the first of January of .the year 1784, and shall be paid in ready money at His Majesty's royal treasury, at Paris, on the same day of each year, the first of which shall take place the first of January, 1785, and 80 on from year to year, until the definitive reimbursement of the capital ; His Majesty being pleased, by a new act of generosity, to pre- sent and remit to the thirteen United States the partial interest of the present year, which the underwritten Minister of Congress has declared to accept with acknowledgment in the name of the said United States. Article V. The interest of the capital of the six millions shall diminish in pro- portion to the reimbursements at the periods fixed in the preceding article; Congress and the United States reserving, however, the liberty of freeing themselves, by anticipated payments, should the state of their finances admit. Article VI. The contracting parties will reciprocally guaranty the faithful obser- vation of the foregoing articles ; the ratifications of which shall be exchanged in the space of nine months from the date of this present contract, or sooner if possible. In faith whereof we, the Ministers Plenipotentiaries of His Majesty and the Congress of the thirteen United States of North America, in virtue of our respective full powers, have signed the present contract, and thereunto affixed the seal of our arms. Done at Versailles the twenty-fifth day of February, one thousand seven hundred and eighty-three. SEAL.] G-EAVIER DB VBRGENNBS. SEAL.] B. Franklin. 1788.* C0NVENTION+ DEFINING AND ESTABLISHING THE FUNCTIONS AND PRIV- ILEGES OF CONSULS AND VICE-CONSULS. Concluded November 14, 1788; Ratifications exchanged at Paris January 6, 1790, although the certificate of exchange was dated January 1, 1790. His Majesty the Most , Christian King, and the United States of America, having, by the twenty -ninth article of the treaty of amity and commerce concluded between them, mutually granted the liberty of hav- ing in their respective States and ports. Consuls, Vice-Consuls, Agents and Commissaries, and being willing, in consequence thereof, to define * See notes "Abrogated, suspended, or obsolete treaties.'' + Translation : oriffinal in the French lanflruacre. FEA.NCE, 1788. 317 and establish, in a reciprocal and permanent manner, the functions and privileges of Consuls and Vice- Consuls, which they have judged it con- venient to establish of preference, His Most Christian Majesty has nom- inated the Sieur Count of Montmorin, of St. Herent, Marechal of his Camps and Armies, Knight of his Orders and of the Golden Fleece, his Counsellor in all his Councils, Minister and Secretary pf State, and of his Commandments and Finances, having the Department of Foreign Affairs ; and the United States have nominated the Sieur Thomas Jef- ferson, citizen of the United States of America, and their Minister Plen- ipotentiary near the King ; who, after having communicated to each other their respective full jjowers, have agreed on what follows : Article I. The Consuls and Vice-Consuls named by the Most Christian King and the United States, shall be bound to present their commis- sions according to the forms which shall be established re- ''°''"'' ""' spectively by the Most Christian King within his dominions, and by the Congress within. the United States. There shall be delivered to them, without any charges, the exequatur necessary for the exercise of their functions ; and on exhibiting the said exequatur, the Grovernors, Com- manders, Heads of Justice, Bodies Corporate, Tribunals and other ofQ- cers having authority in the ports and places of their consulates, shall cause them to enjoy immediately, and without difiQculty, the pre-emi- nences, authority, and privileges reciprocally granted, without exacting' from the said Consuls and Vice-Oonsuls any fee, under any pretext whatever. Article II. The Consuls and Vice-Consuls, and persons attached to their functions ; that is to say, their Chancellors and Secretaries, shall enjoy ^^^^.^^ esofconBuis a full and entire immunity for their chancery, and the papers ''"'""'°''° °''°°"''- which shall be therein contained. They shall be exempt from all per- sonal service, from soldiers' billets, militia, watch, guard, guardianship, trusteeship, as well as from all duties, taxes, impositions and charges whatsoever, except on the estate real and personal of which they may be the proprietors or possessors, which shall be subject to the taxes im- posed on the estates' of all other individuals : And in all other instances they shall be subject to the laws of the land as the natives are. Those of the said Consuls and Vice-Consuls who shall exercise commerce, shall be respectively subject to all taxes, charges and impositions established on other merchants. They shall place over the outward door of their house the arms of their sovereign ; but this mark of indication shall • not give to the said house any privilege of asylum for any person or property whatsoever. Article III. The respective Consuls and Vice-Consuls may establish agents in the different ports and places of their departments where neces- conBui. may ap. sity shall, require. These agents may be chosen among the ^'"^ '''""■ merchants, either national or foreign, and furnished with a commission from one of the said Consuls: They shall confine themselves respectively to the rendering to their respective merchants, navigators and vessels, all possible service, and to inform the nearest Consul of the wants of the said merchants, navigators and vessels, without the said agents other- wise participating in the immunities, rights and privileges attributed 318 TREATIES AND CONVENTIONS. to Consuls and Vice-Oonsuls, and without power, under any pretext whatever, to exact from the said merchants any duty or emolument whatsoever. Aeticlb IV. The Consuls and Vice-Consuls respectively may establish a chancery, Consuls may estab- whcre shall bc deposlted the consular determinations, acts ii>h a chancery. ^nd procecdiugs, as also testaments, obligations, contracts and other acts done by or between persons of their nation, and eftects left by deceased persons, or saved from shipwreck. They may conse- quently appoint fit persons to act in the said chancery, receive and swear them in, commit to them the custody of the seal, and authority to seal commissions, sentences and other consular acts, and also to dis- charge the functions of notary and register of the consulate. Aeticlb V. The Consuls and Vice-Oonsuls respectively shall have the exclusive Power and duty of right of reccivlng in their chancery, or on board of vessels, con.uu. ^jjg declarations and all the other acts which the captains, masters, crews, passengers, and merchants of their nation may chuse to make there, even their testaments and other disposals by last will : And the copies of the said acts, duly authenticated by the said Consuls or Vice-Consuls, under the seal of their consulate, shall receive faith in law, equally as their originals would, in all the tribunals of the dominions of the Most Christian King and of the United States. They shall also have, and exclusively, in case of the absence of the testa- mentary executor, administrator, or legal heir, the right to inventory, liquidate, and proceed to the sale of the personal estate left by subjects or citizens of their nation who shall die within the extent of their con- sulate; they shall proceed therein with the assistance of two merchants of their said nation, or, for want of them, of any other at their choice, and shall cause to be deposited in their chancery the effects and papers of the said estates; and no ofScer, military, judiciary or of the police of the country, shall disturb them or interfere therein, in any manner whatsoever: But the said Consuls and Vice-Consuls shall not deliver up the said effects, nor the proceeds thereof, to the lawful heirs, or to their order, till they shall have caused to b,e paid all debts which the deceased shall have contracted in the country ; for which purpose the creditors shall have a right to attach the said effects in their hands, as they might in those of any other individual whatever, and proceed to obtain sale of them till payment of what shall be lawfully due to them. When •the debts shall not have been contracted by judgment, deed or note, the signature whereof shall be known, payment shall noi be ordered but on the creditor's giving sufficient surety, resident in the country, to refund the sums he shall have unduly received, principal, interest and cost; which surety nevertheless shall stand duly discharged, after the term of one year in time of peace, and of two in time of war, if the demand in discharge cannot be formed before the end of this term against the heirs who shall present themselves. And in order that the heirs may not be unjustly kept out of the effects of the deceased, the Consuls and Vice-Consuls shall notify his death in some one of the gazettes pubUshed within their consulate, and that they shall retain the said eftects in their hands four months to answer all demands which shall be presented ; and they shall be bound after this delay to deliver to the persons succeeding thereto, what shall be more than sufficient for the demands which shall have been formed. FKANCE, 1788. 319 Article VI. The Consuls and Vice-Consuls respectively shall receive the declara- tions, protests and reports of all captains and masters of co„.„i, „ „ceivB their respective nation on account of average losses sus- SaiMTiossIri" tained at sea; and these captains and masters shall lodge "" in the chancery of the said Consuls and Vice-Consuls the acts which they may have made in other ports on account of the accidents which may have happened to them on their voyage. If a subject of the Most Christian King and a citizen of the United States, or a foreigner, are interested in the said cargo, the average shall be settled by the tri- bunals of the country, and not by the Consuls or Vice Consuls; but when only the subjects or citizens of their own nation shall be inter- ested, the respective Consuls or Vice-Consuls shall appoint skillful per- sons to settle the damages and average. Aetiole VII. In cases where, by tempest or other accident, French ships or vessels shall be stranded on the coasts of the United States, and ships or vessels of the United States shall be stranded on i/cS". "or^Zj^ the coasts of the dominions of the Most Christian King^,^ """''■ the Consul or Vice-Consul nearest to the place of shipwreck shall do whatever he may judge proper, as well for the purpose of saving the said ship or vessel, its cargo and appurtenances, as for the storing and the security of the effects and merchandize saved. He may take an inventory of them, without the intermeddling of any officers of the mili- tary, of the customs, of justice or of the police of the country, other- wise than to give to the Consuls, Vice-Consuls, captain and crew of the vessel shipwrecked or stranded, all the succour and favour which they shall ask of them, either for the expedition and security of the saving, and of the effects saved, or to prevent all disturbance. And in order to prevent all kinds of dispute and discussion in the said cases of ship- wreck, it is agreed that when there shall be no Consiil or Vice-Consul to attend to the saving of the wreck, or that the residence of the said Consul or V^ice-Consul (he not being at the place of the wreck) shall be more distant from the said place than that of the competent judge of the country, the latter shall immediately proceed therein, with all the dispatch, certainty and precautions prescribed by the respective laws ; but the said territorial judge shall retire on the arrival of the Consul or Vice-Consul, and shall deliver over to him the report of his proceed- ings, the expenses of which the Consul or Vice-Consul shall cause to be reimbursed to him, as well as those of saving the wreck. The mer- chandize and effects saved shall be deposited in the nearest custom- house, or other place of safety, with the inventory ther-eof, which shall have been made by the Consul or Vice Consul, or by the judge who shall have proceeded in their absence, that the said effects and merchan- dize may be afterwards delivered, (after levying therefrom the costs,). and without form of process to the owners, who, being furnished with an order for their delivery from the nearest Consul or Vice-Consul, shall reclaim them by themselves or by their order, either for the pur- pose of re-exporting such merchandize, in which case they shall pay no kind of duty of exportation, or ±br that of selling them in the country, if they be not prohibited there, and in this last case the said merchan- dise, if they be damaged^ shajl l)e pillowed *o abq-tenjeijt of entrance 320 TUEATIES AND CONVENTIONS. (laties, proportioned to the damage they have sustained, which shall be ascertained by the affidavits taken at the time the vessel was wrecked or struck. Article VIII. The Consuls or Vice-Consuls shall exercise police over aU the vessels of their respective nations, and shall have on board the said rerpe"tiug°™S"of vcssbIs all powcr and jurisdiction in civil matters, in all the theitownoatiots. (j^gpy(.gg Tj^hlch may there arise; they shall have an entire inspection over the said vessels, their crew, and the changes and substi- tutions there to be made ; for which purpose they may go on board the said -vessels whenever they may judge it necessary. Well understood that the functions hereby allowed shall be confined to the interior of the vessels, and that they shall not take place in any case which shall have any. Interference with the police of the ports where the said vessels shall be. Article IX. The Consuls and Vice-Consuls may cause to be arrested the captains, officers, mariners, sailors and all other persons being part of the crews of the vessels of their respective nations, who shall have deserted from the said vessels, in order to seM them back and transport them out of the country; for which purpose the said Consuls and Vice-Consuls shall address themselves to the courts, judges and officers competent, and shall demand the said deserters in writ- ing, proving by an exhibition of the registers of the vessel or ship's roll 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 ; 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 detained 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 X. cittaensofonena- I^ casBS whorc thc rcspcctive subjects or citizens shall crime.''£'thB°torN havB Committed any crime, or breach of the peace, they tonrofthsotto. shall be anienable to the judges of the country. Article XI. When the said offenders shall be a part of the crew of a vessel of their nation, and shall have withdrawn themselves on board the tatJ'r"iga°on vJs" Said vcsscl, they may be there seized and arrested by order .=1, of .he,r „a..on. ^^ ^^^ jiidgcs of thc couutry. These shall give notice there- of to the Consul or Vice-Consul, who may repiair on board if he thinks proper; but this notification shall not in any case delay execution of the order in question. The persons arrested shall not afterwards be set at liberty until the Consul or Vice-Consul shall have been notified thereof: 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. FEANCE, 1788. 321 Akticle XII. All differences and suits between the subjects of the Most Christian King in the United States, or between the citizens of the oon.ni8 .uthSr- United States within the dominions of the Most Christian jf^lVwe™ eft": King, and particularly all disputes relative to the wages '^"3 of their nation.. 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, sha^ll 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- padit'ii.°B°dl=i»?on''of 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 equivaleat advantages in favour of the French merchants, for the prompt despatch and decision of affairs of the same nature. Article XIV. The subjects of the Most Christian King, arid the citizens of the United States who shall prove by legal evidence that they are of cmzm, of both the said nations respectively, shall in consequence enjoy an ^^^r^'r^JSM^ exemption from all personal service in the place of their '"•■ settlement. Article XV. If any other nation acquires by virtue of any convention whatever a treatment more favourable with respect to the consular pre- ,- ... _. -^ , ., , ., r-i 1 Moat favored na- emmences, powers, authority and privileges, the Consuls ^°^^^i'^^^2ai°- and Vice-Consuls of the Most Christian King, or of the ™' ° '° United States, reciprocally shall participate therein, agreeable to the terms stipulated by the second, third and fourth articles of the treaty of amity and commerce concluded between the Most Christian King and the United States. Article 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 ratifl- i,„„,,„„ „f this cations, which shall be given in proper form, and exchanged <'°'"=°"»'>- on both sides within the space of one year, or sooner if possible. In faith whereof we. Ministers Plenipotentiary, have signed the pres- ent convention, and have thereto set the seal of our arms. Done at Versailles the fourteenth of JSTovember, one thousand seven hundred and eighty-eight. ' SEAL SEAL. L. C. De Montmoein. Th : Jefferson. 322 XKEATIES AND CONVENTIONS. 1800. • CONVENTION OF PEACE, COMMERCE, AND NAVIGATION. Concluded September 30, 1800 ; Batifications exchanged at Paris 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 America, equally desirous to terminate the differences which have arisen between the two States, have respectively appointed 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 Institute and of the Board of Longitude of Prance and Counsellor of State, President of the Section of Marine ; and Pierre Louis Eoederer, 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 Plenipotentaries, Oliver Ellsworth, Chief Justice of the United States; William Eichard- son 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 : Aeticle I. There shall be a firm, inviolable, and universal peace, and a true and Deciarationof sinccrc fricudship between the French Eepublic and the '""''^- United States of America, and between their respective countries, territories, cities, towns, and people, without exception of person or places. Aeticle II. t The Ministers Plenipotentiary of the two parties not being able to Treaty oreth Feb., agrcc at prcsBut rcspcctiug the treaty of alliance of 6th ™i'4?S''N2?riw February, 1778," the treaty of ainity and commerce of the abrogatei ' ssLUxe dsbto, and the convention of 14th of November, 1788, nor upon the indemnities mutually due or claimed, the parties will negociate further on these subjects at a convenient time, and until they may have agreed upon these points the said treaties and convention shall 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, Kestorationofcai.. ov wMch may bc taken before the exchange of ratifications, tared ship.. gjj^n jjg pestorcd. * See notes "Abrogated, suspended or obsolete treaties." t This article was expunged before the final ratification of the treaty, and the fol- lowing article was added : " It is agreed that the present contention shall be in force for the term of eight years from the time of the exchange of ratifications." See also note at end of the treaty. FRANCE, 1800, 323 ARTICLE IV. Property captured, and not yet definitively condemned, or which may be captured before the exchange of ratifications, (contraband captured pmpe,- goods destined to an enemy's port excepted,) shall be mutu- Skdem„,df "w'tJ ally restored on the following proofs of ownership, viz: The "="'°'"''- 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 !•„„ „f ,^„^^ ■-. , of the town of , burthen tons, or there- '^ "»en=>'»M *ii"- 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 the officers who have the juris- diction of maritime affairs, that the said ship belongs to one or more of the subjects of , 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 p„or„iti, re.pect cargo shall be certificates, containing the several partic- '°"''™°- ulars of the cargo, the place whence the ship sailed and whither she is 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 deficieicy may be supplied by such other proofs of ownership as 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 present convention. And if, from the date of the said sig- This article to tak« nature, any property shall be condemned contrary to the «ff"'i™»e'>i»«b'- 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. 324 TREATIES AND CONVENTIONS. Aeticle V. The debts contracted by one of the two nations with individuals of prosei"«i- dise, with perfect security and liberty, from the countries, ports, and places of those who are enemies of both, or 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 10 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 belonging to an enemy without knowing that the same is either besieged, 326 TREATIES AND CONVENTIONS. blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place, but she shall Kiookade, ^^^ ^^ detaiucd, nor any part of her cargo, if not contra- band, be confiscated, unless, after notice of such 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. Nor shall any vessel of either that may have entered into such port or place before the same was actu- ally besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor if found therein after the reduc- tion 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. Contraband goods, gg^j^pg^pg^ pctards, ffiatch, ball, bombs, grenades, carcasses, pikes, halberts, swords, belts, pistols, holsters, cavalry-saddles and fur- niture, cannon, 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 confis- cation ; 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 XIY. It is hereby stipulated that free ships shall give a freedom to goods. Free .hips, free ^ud that evcrytMug shall be deemed to be free and exempt eoods. which shall be found on board the ships belonging to the citizens of either of the contracting parties, although the whole lading, Free Bhips, free Or auy part thcrcof, should appertain to the enemies of pe„oM. 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 soldiers and in actual service of the enemy. Article XV. On the contrary, it is agreed that whatever shall be found to be laden Enemy's fisg wiu by tho citizeus of either party on any ship belonging to the MSSyedrte? cncmics of the other, or their citizens, shall be confiscated declaration of war. -^ithout distiuctiou of goods, coutrabaud 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 declarafion of 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 oth- erwise, 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 truly be restored without delay to the proprietors demah4ing 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 FRANCE, -1800. 327 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 not 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 ^ p ,^ i- J . -1 \ 11 Proofs of national- one of the parties, and concerning whose voyage and ihe ityofm»rchantys8- articles of their cargo there shall be just grounds of sus- 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 speci- fied to be contraband in the thirteenth article of the present convention. Article XVII. 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 neuter, the proteSed by^p^s'.' ships of the neutral party shall be furnished with passports »°"°"""°=°'""- similar to that described in the fourth article, that it may 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 pass- ports above mentioned, but also with certificates simUar to those de- scribed 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 Hj«trai ship, not on board, the ships shall be permitted to proceed on their SsfdeiKeryo" cIT 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 the ship shaU 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 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 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. Kthe master of a ship named in the passport should happen to die, or be removed by any other cause, and another put in his place, the ship and cargo shall nevertheless be equally Tafiffi'tySthSr secure, and the passport remain in full force. masters of vessels. Article XVIII. K the ships of the citizens of either of the parties shall be met with, either sailing along the coasts or on the high seas, by any visitation and ship of war or privateer of the other, for the avoiding of ""='^ anv disorder the said shins of war or privateers shall remain out of 328 TREATIES AND CONVENTIONS. cannon-sliot, 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. Aetiolb XIX. It is expressly agreed by the contracting parties that the stipulations Neutral Teasels abovc mcntioned, relative to the conduct to be observed on "uwectto°"fitatira tlie sea by the cruisers of the belligerent party towards the =nd search. shlps of the ucutral party, shall be applied 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 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 con- voy, that the ships he convoys belong to the nation whose flag he car- ries, 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 con- voys, ships which shall carry contraband goods destined to an enemy. Aeticle XX. In all eases where vessels shall be captured or detained, under pre- tence of carrying to the enemy contraband goods, the captor Captures or detes- in- • a. j^ i j» j.i j j.i T tions of neutral Tes- shall givc a rcccipt for 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 by them of the said goods ; nor shall it be lawful to sell, exchange, or alienate the same 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, saving always the ship and the other goods which it contains. Aeticle XXI. And that proper care may be taken of the vessel and cargo, and em- proteotion of offi. bezzlcmeut prevented, it is agreed that it shall not be lawful S'eny'orueutral to rcmove thc master, commander, or supercargo of any cap- vessels captured, turcd sWp from ou board thereof, either during the time the 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 hospi- tably 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, and mate iive hundred dollars each, and for the sailors and passengers one hundred dollars each. FRANCE, 1800. 329 Article XXII. It Is further agreed that in all cases the established courts for prize causes, in the country to which the prizes majf be con- pwm court. o„iy ducted, shall alone take cognizance of them. And whep- =™£n?B J? ?Se 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- vent their suffering injuries by the men-of-war or privateers (lamaS'ty meHo" 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 competent judge, sufncient security by at least two respon- pri™»ers u, dva 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 thou- sand 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 privateer, or her offlcers, 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 in- structions for regulating their conduct; and further, that in all cases of aggression the said commission shall be revoked and annulled. Article XXIV. When the ships of war of the two contracting parties, or those be- longing to their citizens which are armed in war, shall be The,hipsof«raror admitted to enter with their prizes the ports of either of the oueJatiSf to "o aS- two parties, the said public or private ships, as well as their pm£8to"jJortao(th> 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 com- missions, 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. 330 TREATIES AND CONVENTIONS. AETIOLE XXV. It shall not be lawful for any foreign privateers who have comnjis- Privateeri of ^ sions froHi Euy Prfnce or State in enmity with either nation, tiie"JS not^'to to fit their ships in the ports of either nation, to sell their dispose of prizes in •• . , •■ ,-> ■' •,! , ■•■, inthe ports oi either pfizes, Or iH 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 .^ ^^ 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 offenses. And all their ships, with the goods or merchandises, taken by them Tiie,r Bhip. a.d ^nd brought into the port of either of the said parties, shall goods to be seized, ^g scizcd as far as they can be discovered, and shall be restored to the owners, or their factors or agents duly authorized by them; (proper evidence being first given before competent 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 XXVII. ^"either party will intermeddle in the fisheries of the other on its coasts, nor disturb the other in the exercise of the rights which it now holds or may acquire on the coast of New- 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, natiaoatio... ifpogsibie. 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 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 Vendfemiaire of the ninth year of the French Eepublic, the thirtieth day of September, anno Domini eighteen hundred. SEAL. SEAL.' SEAL.' SEAL.' (SEAL.' [SEAL.' J. Bonaparte. 0. P. Fleueiexj. EOEDERER. O. Ellsworth. W. E, Davie. W. V. Murray. [The Senate of the United States did, by their resolution of the 3d day of February, 1801, consent to and advise the ratification of the con- vention : Provide^., The second article be expunged, and that the foUow- PRANCE, 1803. Hoi 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, consented on the 31st July, 1801, " to accept, ratify, and confirm the above con- vention, 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 Slst 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.] 1803. TEEATY FOE THE CESSION OF LOUISIANA TO THE UNITED STATES. Concluded April 30, 1803 ; Ratifications exclianged at WasMngton Octo- ber 21,1803 ; Proclaimed October 21, 1803. The President of the United States of America, and the First Consul of the French Eepublic, in the name of the French people, desiring to remove all source of misunderstanding relative to objects of discussion mentioned in the second and fifth articles of the convention of the 8th Vend6miaire, an 9 (30th September, 1800) relative to the rights claimed by the 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, by and with the advice and con- sent of the Senate of the said States, Eobert E. Livingston, Minister Plenipotentiary of the United States, and James '"eomw- Monroe, Minister Plenipotentiary and Envoy Extraordinary of the said States, near the Government of the French Eepublic; and the First Consul, in the name of the French people, Citizen Francis Barb6 Marbois, Minister of the Public Treasury; who, after having respect- ively exchanged their full powers, have agreed to the following articles : Aktiole I. Whereas by the article the third of the treaty concluded at St. Idelfonso, the 9th Vend^miaire, an 9 (1st October, 1800,) Rrtroce«,o, from 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 Eepublic, six months after the full and entire execution of the conditions and stipu- lations 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 332 TREATIES ANt) CONVENTlOlJg. treaty, and particularly of the third article, the Preuch Eepublic has an incontestible title to the domain and to the possession of the said t:erri- 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 fall 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 Objects included islauds belongiug to Louisiana, all public lots and squares, in ce»Bion. vacaut lauds, and all public buildings, fortifications, bar- racks and other edifices which are not private property. The archives, Archives papers and documents, relative to the domain and sover- eignty 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 officers 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 Inhabitants of Uuiou of th6 Uultcd States, and admitted as soon as possi- cei'ed territory. ^^g^ accordlug to thc prlnciplcs of the Federal constitution, to the enjoyment of all the rights, advantages and immunities 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 commisaary to Louisiaua, to thc eud that he do every act necessary, as well to"cei!S"S>e%'rov! to reccivc from the officers of His Catholic Majesty the said i"ndVp'k»°t° i j_' -ii • j_ i_ t ' i , paid accordbe to the followiug regulations, with interest at six per cent., to fixed regulations. «" Ti • i t j.i j. -i t commence from the period 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 oytheprecediMir" prescut Couvention, 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 Mode or ,a meat. ^^^ Uultcd Statcs, by orders drawn by their Minister Pleni- paymeat. pQ^^gu^j^j-y qjj tficir trcasury ; 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 debts but such as are due to citizens of the United States, compr'heSd'edby the who havc becu aud are yet creditors of France, for supplies, precedins articles. /> -m -,. ,, .-••i.i-J lor embargoes, and prizes made at sea, m which the appeal has been properly lodged within the time mentioned in the said conven- tion, 8th Vend^miaire, ninth year, (30th September, 1800.) Article V. The preceding articles shall apply only, 1st, to captures of which the To ^»llntca»e8 the ^ouncll of prfzcs shall have ordered restitution, it being well «re°i'tioSiy"to undcrstood that the claimant cannot have recourse to the United States, otherwise than he might have had to the Government of the French Eepublic, and only in case of insufficiency of FRANCE, - 1803. 337 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 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 . " 1-1 I * '-!• , -I • n 1 1 ii Casea excluded. be regarded as domiciliated m the places where such houses exist. All agreements aiid 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 preced- ing article may be fairly investigated, the Ministers Pleni- Appointment of potentiary of the United States shall name three persons, commissioners. who shall act from the present and provisionally, and who shall have full power to examine, without removing the documents, all the accounts of the different claims already liquidated by the bureaus established for this purpose by the French Republic, and to ascertain whether they be- long to the classes designated by the present convention and the prin- ciples 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 doc- uments, to examine the claims which are prepared for veri- ^^^^^^^„ ^^^ flcation, and to certify those which ought to be admitted by certSSofci»fms uniting the necessary qualifications, and not being com- ° '""" '' prised in the exceptions contained in the present convention. Article VIII. The same agents shall likewise examine the claims which are not prepared for liquidation, and certify in writing those which E„min..io„ oi in their judgment ought to be admitted to liquidation. gXirdiir""'" Article IX. In proportion as the debts mentioned in these articles shall be ad- mitted, they shall be discharged with interest, at six per how .na wher- 3709 TR 22 cent., bythe Treasury of the United States. '^;,^''' "'^'^ 338 TREATIES AND CONVENTIONS. Article X. And that no debt which shall not not have the qualifications above men- tioned, and that no unjust or exorbitant demand may be ad- of uTSfstatef M mitted, the Commercial Agent of the United States at Paris, thT'examinauon u ov such othcr ageut as the Minister Plenipotentiary of the United States shall think proper to nominate, shall assist at the operations of the bureaus, and co-operate in the examinations of the claims ; and if this Agent shall be of opinion that any debt is, not com- pletely proved, or if he shall judge that it is not comprised in the prin- ciples of the fifth article above mentioned, and if, notwithstanding his opinion, the bureaus established by the French Government should think that it ought to be liquidated, he shall transmit his observations to the board established by the United States, who, without removing docu- ments, shall make a complete examination of the debt and vouchers which support it, and report the result to the Minister of the United States. TheMinisterof theUnited States shall transmit his observations, in all such eases, to the Minister of the Treasury of the French Eepublic, on whose report the French Government shall decide definitively in every case. The rejection of any claim shall have no other effect than to exempt Kejectionofacia™ thc Uultcd States from the payment of it, the French Gov- lutStlmvmil ernment reserving to itself the right to decide definitively on such claim so far as it concerns itself. Akticlb XI. Every necessary decision shall be made in the course of a year, to DecisioM: commence from the exchange of ratifications, and no reclamation shall be admitted afterwards^ Article XII. In case of claims for debts contracted by the Government of France Claims since 30th, wlth cltizeus of thc Uuitcd States since the 8th Vend^miaire, p^raJ'p^^ ninth year, (30th September, 1800,) not being comprised in mentderaa.,ded. ^jjjg couvcntion, may be pursued, and the payment de- manded in the same manner as if it had not been made. Article XIII. The present convention shall be ratified in good and due form, and the ratifications shall be exchanged in six months from the RanficationB. ^^^g ^^ ^j^g signature of the Ministers Plenipotentiary, or sooner if possible. Infaith of which, the respective Ministers Pleniijotentiary 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 afiixed their seals. Done at Paris, the tenth of Flor^iil, eleventh year of the French Ee- public, thirtieth April, 1803. SEAL. SEAL. SEAL. KoBT. E. Livingston. Jas. Monroe. BARBli! MARBOIS. FRANCE, 1803. 339 03 W fa M w ^ « H 1.2 Is o O 8 « ,i ^ •I 2 I a ^ I o o O M o □ SS3 in ", ** ftp a <0 O T. "fAa § lis '§ o gSoga O g, Wffl g s i I ■tj t- o 6 fl o fH P< fi 1^1 §f alls %l%% si^^ ^|©-E „ O PM t) « ea -"a a o H !?» o .P'.g s A " g|| ^ S -2 o a h u o Sflft,g ■^ S " saga g-gl (D IP © O tl p a-+^ _ « © Sl^'Sfe Mola s o S " '3 (D ©S -la's a a a .-'3 •S S-« a 3.2 a ® as'Ss Sa a:a • a ftcoS J^ <3 2 S S O S3 O OCO O O O o ifs om o CO *-1 i-ltH i-i O -^ C-W O QO CO eo or- a oo r-\ 00 Tt -a O '£] « m o ® ft I I a Rj © a I s a « p! 1^ H h> hi ±; a © E^ © a,a a a aa ■a S •H ■S .5 O ^"l-a- Issfl •Boj^ain^ WTti oos •c 5a -^3 dri M CO "^mwt- CM CO tJI LTi O 340 TREATIES AND CONVENTIONS. n 3 (a o I SI C4 V •^ 6Q is 1 2 no P4 ffi 3" ? Pi a 3 H 2S I— ( o* ijos'o coaocoeooooeoojooooeomiN 2 »0«Dt- lONOSMt-CDODlxMNOOO coo WOaOOOOOO?400000 OOO ^o c •-lOOiH t-000«OOrHi-HOOOOO O iH CC O t 03r-ncoiAt>om>Aocoi>oou3C3C3 ceo oico'i T((TtJ T-l ^ CQ O O O O CO -■^t*eOM'HmOSM-^l>l>-*'*C-COI>OOMWt-MI>ffIOOS OO-^t-b-CXJO w OL-O)t>ocot^t-Picoaomioooc4cucocoeo 7o us i> eo n ayes o •-h cq ih ua -o^ o (I W O (M O t- SCO CO coot- C4?Ci-tC4COCr-IOC4&arimpJINO>l>t>gC4-<4] e r-(0 O Tt< 0-H«DrHC3 ^OON CO 5 iHCO .s oca _ ■oona a'*'«tH eg SI . O-O 2^. i| i| ;^ ^ ioaj w-w .to f ^••5 OB ' d'Sp h as ^c §•§.§1 ;.2 d.S j-W I ^1 ta C3 ra « K s s 4 t3 m ■dd-s'i I so .as EhOPh ^ a15 o IS ■go* « o M ea*^ ®4a 5-S ■o^'^ffi"- Jill ia-a4 .sigg "3.9 "^c^ M.9 ,0 fr"!^ I O & "BrSI- a" "S . o 03 - ■ OfB S' a^g Wsagg^l ^iSSi^ « O jjpH -,p ^ o 2^ 342 TREATIES AND CONVENTIONS. 25 P o 2 S ooooes o o ci '«:t< ffo co-HOocoo» "S "S "3 ^^ *i^ j-^ -1^ js m n 03 .Si.a 3 ; 3 S^ OJ-S.S-S 3SSS053SSB 3,^ M o o o o o ■sy 3 a o o a a o n ME a b O B ED m)^ E O s ftp r;-^ mfq lci> 05 ;« ^ I ^aCU n j^ ■ ■ • ■ 1 M '"''^ EO ?aiM m OS rf ooro QO I II h §*^£ 3 o © aj S u tf o a ilg| FRANCE, - 1823. ' 343 1822. ^ . CONVENTION OY NAVIGATION AND COMMERCE. Concluded June 24, 1822 ; Batifications exchanged at Washington Febru- ary 12, 1823; Proclaimed February 12, 1823. The United States of America and His Majesty the King of Prance and Navarre, being desirous of settling the relations of navigation and commerce between their respective nations, by a temporary convention reciprocally beneficial and satisfactory! and thereby of leading to a more permanent and comprehensive arrangement, 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 the Baron Hyde de Neuville, Knight of the Eoyal and Military "seof^o"- Order of St. Louis, Commander of-the Legion of Honor, Grand Cross of the Eoyal American Order of Isabella the Catholic, his Envoy Extra- ordinary and Minister Plenipotentiary near the United States ; Who, after exchanging their full powers, have agreed on the follow- ing articles : Akticle I. Articles of the growth, produce or manufacture, of the United States, imported into France in vessels of the United States, shall Discriminating pay an additional duty, not exceeding twenty francs per ton pSJiirSi American of merchandise, over and above the duties paid on the like "■""='"• articles, also of the growth, produce or manufacture, of the United States, when imported in French vessels. Akticle II. Articles of the growth, produce or manufacture, of France, imported into the United States in French vessels, shall pay an Diacrimin.tinB additional duty, not exceeding three dollars and seventy- JSJild °° 'F°rtn '"i." five cents per ton of merchandise, over and above the duties ■'^""=- collected upon the like articles, also of the growth, produce or manufac- ture of France, when imported in vessels of the United States. Article III. ISo discriminating duty shall be levied upon the productions of the soil or industry of France, imported in French bottoms into ^^ oiscrimination the ports of the United States for transit or re-exportation ; o^eood^ti^'a^S. nor shall any such duties be levied upon the productions of '"•'■''■'='"'°"''"°°- the soil or industry of the United States, imported in vessels of the United States into the ports of France for transit or re-exportation. Article IV. The following quantities shall be considered as forming the ton of merchandise for each of the articles hereinafter specified: Q„,„titi„ ,„„. Wines— four 61-gallon hogsheads, or 244 gallons of 231 cubic ■">»'"e 'i"= ">"■ inches, American ineasure. Brandies, and all other liquids, 244 gallons. Silks and all other dry goods, and all other articles usually subject to 344 TREATIES AND CONVENTIONS. measuremeut, 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. avoirdupois, or 725 kilogrammes ; and for all weigb- able articles, not specified, 2,240 lbs. avoirdupois, or 1 ,016 kilogrammes. Article V. The duties of tonnage, light-money, pilotage, port charges, brokerage ButieBontonn ^^^ ^^^ othcr dutics upon foreign shipping, over and above iight'money,|'S^ thoso paid by the national shipping in the two countries b?oke°nisenorto'«- respectivcly, other than those specified in articles 1 and 2 of ceed certain Bums. j, ,' ,. -ii-i, -m.-r-i /* the present convention, shall not exceed m 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 YL The contracting parties, wishing to favor their mutual commerce, by Deeertip.. affordlug in their ports every necessary assistance to their eeerttp.. rcspcctive vcsscls, have agreed that the Consuls and Vice- Consuls may cause to be arrested the sailors, being part of 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 Yice-Consuls shall address themselves to the courts, judges and offlcers 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 contrary is proved,) the delivery shall not be reflised ; 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 detained and kept in the prisons cf 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 Duratioa of Con- thc first day of Octobcr next, and even after the expiration veniion. q£ ^j^g^^ tcrm, uutil the conclusion of a definitive treaty, or until one of the parties shall have declared its intention to renouncejit; which declaration shall be made at least six months 'before hand. And in case the present arrangement should remain without such E«m duties at the tl^claration of its discontinuance by either party, the extra flndoftwo ylarVto dutlcs speciflcd lu the 1st and 2d articles, shall, from the be diminished bjr one. . .. j> j_t - -i j ' i i ji « i i- • fourth, and so from Bxpiratiou of thc Said two years, .be, on both sides, dimin- ished by one-fourth of their whole amount, and, afterwards by one-fourth of the said amount from year to year, so long as neither party shall have declared the intention of reuQuncing it as above stated. FRANCE,- 1831. 345 Article VIII. The present convention shall be ratified on both sides, and the ratifi- cations shall be exchanged within one year from the date hereof, or sooner if possible. But the execution of the said b.^'^""""""- convention shall commence in both countries oh the first of October next, and shall be effective, even in case of non-ratification, for all such vessels as may have sailed iona fide for the ports of either nation, in the confidence of its being in force. In faith whereof, the respective Plenipotentiaries have signed the present convention, and have thereto afiixed their seals, at the city of Washington, this 24th day of June, A. D. 1822. SEAL, SEAL.' John Quinoy Adams. G. Hyde de Netjville. SEPAEATE ARTICLE. The extra duties levied on either side before the present day, by virtue of the act of Congress of 15th May, 1820, and of the ordi- e,,,^ j„tiea re- nance of 26th July of the same year, and others confirm a- '"""^^ tive thereof, and which have not already been paid back, shall be refunded. Signed and sealed as above, this 24th day of June, 1822. SEAL.] John Quinoy Adajms. SEAL.] Gr. Hyde de JfBtrviLLE. 1831. CONVENTION CONCERNING CLAIMS AND DUTIES ON WINES AND COT- TONS. Concluded July 4, 1S31 ; BatiUcations exchanged at Washington 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 a-djust amicably, and in a manner conformable to equity, as well as to the relations of good intel- ligence and sincere friendship which unite the two countries, the re- clamations formed by the respective Governments, have, for this pur- pose, named for their Plenipotentiaries, to wit : The President of the United States, by and with the advice and con- sent of the Senate, William C. Eives, Envoy Extraordinary and Minister Plenipotentiary of the said United States, near Negot.»tor,. 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 Secretary 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: 346 TREATIES AND CONVENTIONS. Article I. The French Government, iu order to liberate itself completely from Indemnity to Amer. ^11 thc rcclamations preferred against it by citizens of the icanoitizemi. 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 IT. The sum of twenty-five millions of francs, above stipulated, stall be paid at Paris, in six annual instalments, of four millions Mode of payment. ^^^ huudred aud 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 Governinent of the United States, on its part, for the purpose of Indemnity to bclug liberated completely from all the reclamations pre- French citizen.. geutcd by Eraucc on behalf of its citizens, or of the Eoyal 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 IV. The sum of one million five hundred thousand francs, stipulated in the preceding article, shall be paj'able in six annual instal- Mode of payment. jQgjj^g^ pf two huudrcd aud 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. ' 347 Article V. As to the reclamations of French citizens against the Government of he United States, and the reclamations of citizens of the cuim. notpro- Jnited States against the French Government, which are Jo™"on''mw''be )f a different nature from those which it is the object of the Ef ^tuawsTtS jresent convention to adjust, it is understood that the citi- '<^'pi'="™='>°""'«' jens of the two nations may prosecute them in the respective countries )efore the competent judicial or administrative authorities, in complying yith the laws and regulations of the country, the dispositions and ben- jfit of which shall be applied to them, in like manner as to native iitizens. Article VI. The French Government and the Government of the United States •eciprocally engage to communicate to each other, bv the intermediary ot the respective legations, the documents, pnpsr. to be recipro- itles or other informations proper to facilitate the examina- """=°""°°""="'=''- ;ion and liquidation of the reclamations comprised in the stipulations )f .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- jeed the following rates, by the gallon, (such as it is used at present for ivines in the United States,) to wit: six cents for red wines in casks; ;en cents for white wines in casks; and twenty-two cents for wines of ill sorts in bottles. The proportion existing between the duties on French wines thus reduced, and the general rates of the tariff which (Cent into operation the first of January, 1829, shall be maintained, in jase the Government of the United States should think proper to di- ninish those general rates in a new tariff. In consideration of this stipulation, which shall be binding on the [Jnited States for ten years, the French Government abandons the rec- amations which it had formed in relation to the 8th article EiehihnrtickLou. )f the treaty of cession of Louisiana. It engages, more- "'"'""''"'""'"w- )ver, to establish on the long staple cottons of the United States, which, liter the exchange of the ratifications of the present convention, shall )e brought directly thence to France by the vessels of the United States, )r by French vessels, the same duties, as on short staple cottons. Article VIII. The present convention shall be ratified, and the ratifications shall be ixchanged at Washington, in the space of eight months, or KitiBcationB. looner if possible. In faith of which, the respective Plenipotentiaries have signed these irticles, and thereto set their seals. Done at Paris the fourth day of the month of July, one thousand iight hundred and thirty-one. [SEAL.] W. C. ElVES. [seal.J Horace Sebastiani. 348 TREATIES AND CONVENTIONS. 1843, CONVENTION FOR THE EXTRADITION OF CRIMINALS.* Concluded November 9, 1843 j Batijieations exchanged at Washington April 12, 1844; Proclaimed April 13, 1844. The United States of America and His Majesty the Eling of the 1/rench 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 enumerated, and being fugitives from justice, should, under certain cir- cumstances, be reciprocally delivered up, the said United States of Amer- ica and His Majesty the King of the French have named as their Plen- ipotentiaries to conclude a convention for this purpose : That is to say, the President of the United States of America, Abel Negotiator. ^' ^psli^r, Sccretary of State of the United States, and ego .ator.. g-^^ Mojcsty thc Eug of the French, the Sieur Pageot, of&cer of the Eoyal Order of the Legion of Honor, his Minister Plenipoten- tiary, ad interim, in the United States of America ; Who, after having communicated to each other their respective Toll 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 Extradition i^ade lu thclr name, though the medium of their respective diplomatic agents, deliver up to justice persons who, being accused of the crimes enumerated in the next following article, com- mitted within the jurisdiction of the requiring party, shall seek an asylum, or shall be found within the territories of the other: Pro- vided, 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 Crime.. ^^^ provlslous of thls convention, with any of the following crimes, to wit : Murder, (comprehending the crimes desig- nated 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 embezzlement 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 br ^^^J ^J authorfty of thc Kecpcr of the Seals, Minister of whom to be mde. jugtice J orA ou the part of the Government of the United States, the surrender shall be made only by authority of the Executive thereof. * See also conventions of February 24, 1845, aud February 10, 1858. FRANCE, 1845. 349 Aktiole IV. The exi)enses of any detention and delivery effected in virtue of the preceding provisions shall be borne and defrayed by the Government in whose name the requisition shall have been ^"""^ made. Aktiole V. The provisions of the present convention shall not be applied in any manner to the crimes enumerated in the second article, com- Ertradiuon mt to mitted anterior to the date thereof, nor to any crime or of- f^^l^ ''°""'"'' °'' fence of a purely political character. Aeticlb V. This convention shall continue in force until it shall be abrogated by the contracting parties, or one of them ; but it shall not be !,„„,;<,„ „, con- abrogated, except by mutual consent, unless the party de- "'""°°- siring to abrogate it shall give six months' previous notice of his inten- tion to do so. It shall be ratified, and the ratiiications shall Ratificitio™. be exchanged within the space of six months, or earlier if possible. In witness whereof, the respective Plenipotentiaries have signed the present convention in duplicate, and have af&xed thereto the seal of their arms. Done at Washington the ninth da;y of K'ovember, anno Domini one thoasand eight hundred and forty-three. SEAL.] A. P. UPSHXJK. seal.] . A. Pageot. 1845. CONVENTION FOR THE EXTRADITION OF CRIMINALS,* BEING AN ADDI- TIONAL article TO THE TREATY OP NOVEMBER 9, 1843. Concluded February 24, 1845 ; Batiftcations exchcmged at Paris June 21, 1845 ; Proclaimed July 24, 1845. The crime of robbery, defining the same to be the felonious and forci- ble taking from the person of another, of goods or money to E„tt„y „„j b„,j. any value, by violence, or putting him in fear; afid the IfSedta'c^o^Vn-' crime of burglary, defining the same to be, breaking and "°°- entering by night into a mansion-house of another, with intent to com- mit felony; and the corresponding crimes included under the French law in the words vol qualifie 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, * See also oonventioa of February 10, 1858, 350 TREATIES AND CONVEiirTIONS. In witness wliereof, 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. SEAL. SEAL. J. 0. Calhoun. A. Pageot. 1853. CONVENTION CONCEENING THE EIGHTS AND PEIVILEGES OF CONSULS. Concluded February 23, 1853 ; Batifications exchanged at Washington Avgust 11, 1853 ; Proclaimed August 12, 1853. 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 to give a new and more ample development to their commercial intercourse, deem it expedient, for the accomplishment of that purpose, to conclude a special conven- tion which shall determine, in a precise and reciprocal manner, the rights, privileges and duties of the Consuls of the two countries. Ac- cordingly they have named : • The President of the United States, the Honorable Edward Everett, Secretary of State of the United States; His Majesty the egotiators. Empcror of the French, the Count de Sartiges, Commander of the Imperial Order of the Legion of Honor, &c.j &c., his Envoy Extra- ordinary and Minister Plenipotentiary at Washington; Who, after communicating to each other their fall powers, found in good and due form, have agreed upon the following articles : Article I. The Consuls-General, Consuls and Vice- Consuls or Consular Agents of the United States and France shall be reciprocally re- EMQuaturs. ggiyed aud recognlzcd, 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 difftculty, 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 Privileges and im- Uuitcd States and France, shall enjoy in the two countries tnunitie.. ^Jjq privilcges usually accorded to their offices, such as per- sonal immunity, except in the case of crime, exepiption from military bil- letings, from service in the militia or the national guard, and other duties of the same nature; and from all direct and personal taxation, whether federal, State or municipal. If, however, the said Consuls-General, Consuls, Vice-Consuls or Consular Agents, are citizens of siate'towi'.iehthey thc couutry lu whicli they reside; if they are, or become, are.ppomted. owners of property there, or engage in commerce, they shall be subject to the same taxes and imposts, and with the reservation of FRANCE, 1853. 351 tlie 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- ing-houses, the arms of their nation, with an inscription in , j. these words: "Consul of the United States," or "Consul of ^'""°° ""' France;" and they shall be allowed to hoist the flag of their country thereon. They shall never be compelled to appear as witnesses before the courts. "When any declaration for judicial purposes, or deposition, Evidence or con- is to be received from them in the administration of justice, »ii»™"™"'°fi""- 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 consular pupna. Agents. In ease of death, indisposition or absence of the latter, the Chancel- lors, Secretaries, and Consular pupils attached to their offices, shall be entitled to disctarge ad interim the duties of their "'""' ""^ ''''°'°''- respective posts ; and shall enjoy whilst thus acting the 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 con.ni»r dweiimg case shall they examine or seize the papers there deposited. ^°'' »"=>■'""■ In no case, shall those 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 au- thorities of the respective Governments, whether federal or Bove?Leniai'°"u- , local, 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 absence. Should there be no diplomatic agent of their nation, they shall be authorized, in case of need, to have recourse to the Gen- eral or Federal Government of the country in which they exercise their functions? Article V. The respective Consuls-General, aud Consuls, shall be free to estab- lish, in such parts of their districts as they may see fit, ^^^^^ ^^ ^^^ Vice-Consuls, or Consular Agents, who may be taken indis- to a°ppoin°viScon'- criminately from among Americans of the United States, '"'' ""''''«=""• Frenchmen, or citizens of other countries. These agents, whose nom- ination, it is understood, shall be submitted to the approval of the re- spective Governments, shall be provided with a certificate given to them by the Consul by whom they ax-e named, and under whose orders they are to act. 352 TREATIES AND CONVENTIONS. AETIOLE VI. The Consuls-General, Consuls, Vice-Consuls or Consular Agents, shall have the right of taking at their offices or bureaux, at ci.swV"o'°°certaii. the domicUe of the parties concerned, or on board ship, the papers. dcclarations of captains, crews, passengers, merchants or citizens of their country, and of executing there all requisite papers. 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 authenticaited by the Consuls General, Consuls, Vice-Consuls or Consular Agents, and sealed with tedby'?h™'t'ob8're- the official seal of their consulate or consular agency, shall ceiveda.ey,deace. ^^ admitted iu 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 Right to hold prop' a-Jid to the same extent as the said laws shall remain in ""■ 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 j 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 be equally imposed. 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. , Akticle VIII. The respective Consuls-General, Consuls, Vice-Consuls or Consular Settlement of dia- -^-Scnts, shall havc cxclusive charge of the internal order of paM"b™ween raa^ thc merchant-vcsscls of their nation, and shall alone take cognizance of differences which may arise, either at sea or in port, between the captain, officers and crew, without exception, particu- larly in reference to the adjustment of wages and the execution of con- tracts. The local authorities shall not, on anypretext, interfere 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 FRANCE, 1853. 353 the sole request of the Consuls, addressed in writing to the local au- thority, 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 ex- penses of the arrest and detention of those persons shall be paid by the Consuls. Article IX. The respective Consuls-General,, Consuls, Vice-Consuls or Consular Agents, may arrest the officers, sailors and all other per- sons making part of the crews of ships of war, or mer- !■»»«""•• chant vessels of their nation, who may be guilty or be accused of iavlng 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 4, 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. Aeticle X. The respective Consuls-General, Consuls, Vice-Consuls or Consular Agents, shall receive the declarations, protests and reports «° ,, '- . . p , J? J.1 • i- • J? ±. Power of ConBula of all captains of vessels of their nation m reference to relative w the »»«. . . . . -,, ,1 111 • ^ 1 i. 1 Belfl of their country. mjunes experienced at sea; they shall examine and take note of the stowage; and when there are no stipulations to the con- trary between the owners, freighters or insurers, they shall be charged with the repairs. If any inhabitants of the country in which the Con- suls reside, or citizens of a third nation, are interested in the matter, and the parties cannot agree, the competent local authority shall decide. Article XI. ' All proceedings relative to the salvage of American vessels wrecked upon the coasts of France, and of French vessels wrecked 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 wreick may have occurred, 3769 TR 23 354 TREATIES AND CONVENTIONS. 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, 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 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, Vioe-Consuls or Consular Most favored na- Agcuts, as wbU as thcir consular pupils, chancellors, and "°°- secretaries, shall enjoy in the two countries all the other privileges, 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 iiur«tio» of Con- ycars from the day of the exchange of the ratifications, Yeniion. whlch 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 afSxed their respective seals. Done at the city of Washington the twenty-third day of February, anno Domini one thousand eight hundred and fifty-three. SEAL. SEAL. Edwaed Eveeett. Saktigbs. 1858. CONVENTION FOE THE EXTRADITION OF CRIMINALS, BEING AN ADDI- TIONAL ARTICLE TO THE CONVENTIONS OF NOVEMBER 9, 1843, AND FEBRUARY 24, 1845. Concluded February 10, 1858; Ratifications exchanged at Washington Feb- ruary 12, 1859 ; Proclaimed February 14, 1859. ^ It is agreed between the high contracting parties that the provisions of the treaties for the mutual extradition of criminals be- t^een the United States of America and Prance, 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 i)ersons charged with the following crimes, whether as principals, accessories or accomplices, namely: Forging 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; embezzlement by any person or per- FRANCE,- 1869. 355 sons 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. SEAL. SEAL.' Lew. Cass. Sabtiges. 1869. CONVENTION CONCERNING TRADE-MARKS. Concluded April 16, 1869 ; Batifications exchanged at Washington July 3, 1869; Proclaimed July 6, 1869. The United States of America and His Majesty the Emperor of the French, 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 Pres- ident of the United States, Hamilton Fish, Secretary of State, and His Majesty the Emperor of the French, J. Berthemy, Com- mander of the Imperial Order of the Legion of Honor, &c., "wot"'""- &c., &c., accredited as his Envoy Extraordinary and Minister Pleni- potentiary 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 afiSxed in the other to certain merchandise to prove its origin and countei;f8itug quality is forbidden, and shall give ground for an action for '""i=™i"- 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. Article 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 duplicate copies of those marks in the Patent-Offlce R«»"''at.on. 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 years from this date. 356 , TREATIES AND CONVENTIONS. In case neither of the two high contracting parties gives notice of its duration of Con- intsntion to discontinue this convention, twelve months be- vention. ■ fyj.^ j^g expiration, it shall remain in force one year from the time that either of the high contracting parties announces its discon- tinuance. Akticle 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- Ratincaiion.. scnt convcution 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. SEAL.] Hamilton Fish. SEAL.] BEETHEMT. 1880. CONVENTION CONCERNING SETTLEMENT OF CERTAIN CLAIMS OF THE CITIZENS OF EITHER COUNTRY AGAINST THE OTHER. Concluded January 15, 1880 ; Ratifications exchanged at Washington June 23, 1880 ; Proclaimed June 25, 1880. The United States of America and the French Eepublic, animated by the desire to settle and adjust amicably the claims made by the citizens of either country against the government of the other, growing out of acts committed by the civil or military authorities of either country as hereinafter defined, during .a state of war or insurrection, under the circumstances hereinafter specified, 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, William Maxwell Evarts, Secre- tary of State of the United States, and the President of the Nesotiators. Freuch Ecpubllc, Georges Maxime Outrey, Envoy Extraor- dinary and Minister Plenipotentiary of France at Washington, Com- mander of the National Order of the Legion of Honor, &c., &c., &c.; Who, after having communicated to each other their respective fiill powers, found in good and due form, have agreed upon the following articles : Article I. All claims on the part of corporations, companies or private individ- ciaim. of Dnited uals, citizcus of thc United States, upon the Government of states citizens. Frauce, arfslng out of acts committed against the persons or property of citizens of the United States not in the service of the enemies of France, or voluntarily giving aid and comfort to the same, i)y the French civil or military authorities, upon the high seas or within the territory of France, its colonies and dependencies, during the late war between France and Mexico, or during the war of 1870-'71 between France and Germany and the subsequent civil di^turbaiUces known as the "Insurrection of the Commune"; and on the other band, Claims of Frooch ^11 cMms ou the part of corporations, companies or pri- oitiiens. ya^g individuals, citizens of France, upon the Government of the United States, arising out of acts committed against the per- FRANCE, 1880. 357 SODS or property of citizens of France not in the service of the ene- mies of the United States, or voluntarily giving aid and comfort to the same, by the civil or military authorities of the Government of the United States, upon the high seas or within the territorial jurisdiction of the United States, during the period comprised between the thirteenth day of April, eighteen hundred and sixty-one, and the twerftieth day of August, eighteen hundred and sixty-six, shall be referred to three Commissioners, one of whom shall be named by ciat™ 'bT'commi's^ the President of the United States, and one by the French "°°°" Government, and the third by His Majesty the Emperor of Brazil. Article II. The said Commission, thus constituted, shall be competent and obliged to examine and decide upon all claims of the aforesaid char- j„ri.ai<.tio« of aoter, presented to them by the citizens of either country, commisBion. except such as have been already diplomatically, judicially or otherwise by competent authorities, heretofore disposed of by either Government ; but DO claim or item of damage or injury based upon the ciaim. excluded. emancipation or loss of slaves shall be entertained by the said Commission. Article HI. In case of the death, prolonged absence or incapacity to serve of one of the said Commissioners, or in the event of one Com- missioner omitting, or declining, or ceasing to act as such, «^miZi^°t!m iS then the President of the United States, or the Government ""'"""^ of France, or His Majesty the Emperor of Brazil, as the case may be, shall forthwith proceed to fill the vacancy so occasioned by naming another Commissioner within three months from the date of the occur- rence of the vacancy. Article IV. The Commissioners named as hereinbefore provided shall meet in the city of Washington at the earliest convenient time within „,„ „j ,;„„ „( six months after the exchange of the ratifications of this con- ^^'"" °' comini.- vention, and shall, as their first act in so meeting, make and subscribe a solemn declaration that they will impartially and °"'' "' °^™- carefully examine and decide, to the best of their judgment and according to public law, justice and equity, without fear, favor or affection, all claims within the description and true meaning of Articles I. and II., which shall be laid before them on the part of the Governments of the United States and of France respectively; and such declaration shall be en- tered on the record of their proceedings : Provided, however, that the coDcurriDg judgment of any two Commissioners shall be ad- t„„ commisaion- eqnate for every intermediate decision arising in the execu- "Jio"f """'"' ''" tion of their duty and for every final award. Article V. The Commissioners shall, without delay, after the organization of the Commission, proceed to examine and determine the claims Mode of procedure specified in the preceding articles, and notice shall be given »' commusionerel" to the tespeotive Governments of the day of their organization and read- iness to proceed to the transaction of the business of the Commission. 358 TREATIES AND CONTENTIONS. They shall investigate and decide said claims in such order and in such 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 Gov- ernments. They shall be bound to receive and consider all written doc- uments 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 whom it shall be competent for each Government to name as its Counsel or Agent to present and support claims on its behalf, on each and every separate Papers concerning claim. Each Govemmcnt shall furnish at the request of the elf by" each" oTe™; Commlssiouers, or of any two of them, the papers in its pos- ™"'- session which may be important to the just determination of any of the claims laid before the Commission. Article VI. The concurring decisions of the Commissioners, or of any two of Deeieioi.3 and thcm, shall bc couclusive and final. Said decisions shall in awards. evBry case be given upon each individual claim, in writing, stating, in the event of a pecuniary award being made, the amount or equivalent value of the same in gold coin of the United States or of France, as the case may be ; and in the event of interest being allowed Ti«.of ment. ^^ ^"^^ award, the rate thereof and the period for which it ■BOO payment. ^^ ^^ ^^ computcd shall be fixed, which period shall not ex- tend beyond the close of the Commission; and said decision shall be signed by the Commissioners concurring therein. Abticle VII. The High Contracting Parties hereby engage to consider the decision Deci-iona of Com- of tfac Commissiouers, or of any two of them, as absolutely mi.»,oner. tobe fljjg^j g^j^^ conclusivc upou cacU cMm decided upon by them, and to give full effect to such decisions without any objec- tions, evasions, or delay whatever. Article VIII. Every claim shall be presented to the Commissioners within a period of six months, reckoned from the day of their first meeting .anted"" wubin/.Ti foF busiucss, aftcr notice to the respective Governments, as prescribed in Article V of this Convention. Nevertheless, in any case where reasons for delay shall be established to the satisfac- Extenaionoftime. tlou of thc Commissiouers, Or of auy two of thcm, the period , for presenting the claim may be extended by them to any time not exceeding three months longer. The Commissioners shall be bound to examine and decide upon every commiaaioner, to clalm wlthln two ycaTs from the day of their first meet- render deci.ions. JQg fyj. buginess as aforcsald ; which period shall not be extended except only in case the proceedings of the Commission shiill be interrupted by the death, incapacity, retirement or cessation of the functions of any one of the Commissioners, in which event Excepuoa ^^^ period of two years herein prescribed shall not be held to include the time during which such interruption may actually exist. It shall be competent in each case for the said Commissioners to de- preaentation of cldc whcthcr auy claim has, or has not, been duly made, ciaima. prefcrrcd, and laid before them, either wholly, or to any and what extent, according to the true intent and meaning of this Con- vention. FRANCE, 1880 359 Aeticle IX. All sums of money which may be awarded by the Commissioners as aforesaid, shall be paid by the one Government to the other, p,„„ „„d i^^. „, as the case may be, at the capital of the Government to re- K^meDtofawwds. ceive such payment, within twelve months after the date of the final award, without interest, and without any deduction save as specified in Article X, Article X. The Commissioners shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof; and the Governments of the United States and of France comm?8°fonw/tobe may each appoint and employ a Secretary versed in the language of both countries,^ and the Commissioners may apppint any other necessary officer or officers to assist them in the transaction of the business which may come before them. Each Government shall pay its own Commissioner, Secretary and Agent or Counsel, and at the same or equivalent rates of compensation, as near as may be, for like officers on the one Expanne.. side as on the other. All other expenses, including the compensation of the third Commissioner, which latter shall be equal or equivalent to that of the other Commissioners, shall be defrayed by the two Governments in equal moieties. The whole expenses of the Commission, including contingent expenses, shall be defrayed by a ratable deduction on the amount of the sums awarded by the Commissioners, provided always that such deduction shall not exceed the rate of five per centum on the sums so awarded. If the whole expenses shall exceed this rate, then the excess of expense shall be defrayed jointly by the two Governments in equal moieties. Article XI. The High Contracting Parties agree to consider the result of the proceedings of the Commission provided by this Convention p„<;eeaiiBs of as a full, perfect and final settlement of any and every claim S>°SS°V°fma! upon either Government within the description and true SS£S»e°di„Arl meaning of Articles I. and II. ; and 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 considered and treated as finally settled, concluded and barred. Article XII. The present convention shall be ratified by the President of the United States, by and with the advice and consent of the K^uncatio™ Senate thereof, and by the President of the French Eepublic, and the ratifications shall be exchanged at Washington, at as early a day as may be possible within nine months from the date hereof. la testimony whereof the respective Plenipotentiaries have signed the present convention, in the English and French languages, in du- plicate, and hereunto affixed their respective seals. Done at the city of Washington, the fifteenth day of January, in the year of our Lord "one thousand eight hundred and eighty. [seal.} William Maxwell Evarts. [seal.] Max Otjtret. 360 TREATIES AND CONVENTIONS. 1882. CONVENTION FOB THE EXTENSION OP THE TERM OP THE CLAIMS COM- MISSION ESTABLISHED UNDER THE CONVENTION OF JANUARY .15, 1880, TO JULY 1, 1883. Concluded July 19, 1882 ; Batifications exchanged at Washington December 29, 1882; Proclaimed December 29, 1882. The United States of America and the French Eepublic, being per- ' suaded that the labors of the Commission for the settlement of the* claims of citizens of either country against the Government of the other, which was organized under the convention between the two Governments signed at Washington the fifteenth day of January, 1880, cannot be con- cluded within the term fixed by that convention, have deemed it expe- dient to conclude a supplementary convention extending the term of duration of said Commission for a further period, and have named as their respective plenipotentiaries to that end as follows : The President of the United States, Frederick T. Frelinghuysen, Sec- retary of State of the United States ; and Ne.»t..tor.. rpj^^ President of the French Eepublic, Th^odore-Justin- Dominique Roustan, Envoy Extraordinary and Minister Plenipoten- tiary of France at Washington, Commander of the National Order of the Legion of Honor, etc., etc. ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following article : SOLE ARTICLE. The term of two years fixed by the second paragraph of Article VIII. of the convention between the United States and the French ti™"^nd'dSoB8 Eepublic, concluded January 15, 1880, witliin which the Commissioners appointed thereunder shall be bouud to ex- amine and decide upon every claim presented to them, is hereby ex- tended to July first, 1883. lifothing in this agreement contained shall extend or alter the terms Term for presents- fixcd iu thc flrst paragraph of said Article VIII. for the pre- exwnded."'"'"" °°' scutatiou of claims, but the same shall remain as therein fixed. If the proceedings of the Commission shall be interrupted by the death, incapacity, retirement or cessation of the functions Eiception. ^^ ^^^ ^^^ ^^ ^^^ Commissioncrs, then the period for which the term of the Commission is hereby extended shall not be held to in- ' elude the time during which such interruption may actually exist. The present convention shall be ratified and the ratifications ex- changed at Washington at as early a day as may be prac- Ra.mea,io„.. tig^ble. In testimony whereof the respective plenipotentiaries have signed the present convention, in the English and French languages, in duplicate, and have hereunto aflii^ed their respective seals. Done at the city of Washington the nineteenth day of July, in ,the year of our Lord one thousani eight hundred and eighty-two. [SEAL.] FbED'K T. FBELINGHTJYSEN. SEAL./ TH. EotrSTAN. J*EANCE, 1883. Mi 1883. CONVENTION FOE THE FUETHEE EXTENSION OF THE TEEM OF THE . CLAIMS COMMISSION ESTABLISHED UNDEE THE CONVENTION OF JANU- AEY 15, 1880, TO APEIL 1, 1884. Concluded February 8, 1883; Ratifications exchanged at 'Washington^ June 25, 1883; Proclaimed June 25, 1883. . The Government of the United States of America and the Government of the French Eepublic, being persuaded that the labors of the Commis- sion for the settlement of the claims of citizens of either country against the Government of the other, which was organized under the convention between the two Governments signed at Washington the fifteenth day of January, 1880, and which was extended to July first, 1883, by the sup- plementary convention of July 19th, 1882, cannot be concluded by July Ist, 1883, have deemed it expedient to conclude another supplementary convention extending the term of duration of said Commission for a farther period, and have named as their respective plenipotentiaries to that end, as follows : The President of the United States, Frederick T. Frelinghuysen, Sec- retary of State of the United States, and the President of the French Eepublic, Theodore Justin Dominique Eoustan, Envoy Extraordinary and Minister Plecipotentiary of France at Wash- ingtoD, Commander of the National Order of the Legion of Honor, etc., etc. 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. The term of two years fixed by the second paragraph of Article VIII. of the convention between the United States and the French Eepublic, concluded January fifteenth, 1880, within which tion™™" dS™ the Commissioners appointed thereunder shall be bound to examine and decide upon every claim presented to them which was ex- tended to July 1st, 1883, by the supplementary convention of July 19th, 1882, is hereby extended to the first day of April, A. D. 1884. Nothing in this agreement contained shall extend or alter the terms fixed in the' first paragraph of said Article VIII. for the Term ror the p^. presentation of claims, but the same shall remain as therein °ofe"te"<'»"■"• 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 Consuls - General, Consuls, Vice -Consuls and' Consular Liberty to appoint 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 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 presentation of their commissions, in the forms established in their respective countries. The necessary exequatur for the exercise of their functions shall be fur- nished to them free of charge, and, on the exhibition of this instrument, they shall be admitted at once, and without Exe,uaturs 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 reciprocally granted. The Government that furnishes the exequatur reserves the right to withdraw the same on a statement of the reasons for which it has thought proper to do so. 363 364 TREATIES AND CONVEXTIONS. Article III, The respective Consuls-General, Consuls, Vice-Consuls or Consular prmieges of Con- Agcnts, Rs wcll as thcir Chancellors and Secretaries, shall '"''• enjoy in the two countries all privileges, exemptions and immunities which have been granted, of may in future be granted, to the Agents of the same rank of the most favored nation. Consular ofilcers, not being citizens of the country where they are accredited, shall enjoy, in the country of their residence, personal immunity from arrest or imprisonment except in the case of crimes, exemption from military billetings and contributions, from military service of every Consul. e ^^^^ ^^^ othcr puWlc duties, and from all direct or personal of thfst'leareS™ or sumptuary taxes, duties and contributions, whether Ped- ""'■"°' eral. 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 ■ Ensaging in com- cugagc In commercc shall not plead their consular privileges Smmerdai "iabuf. to avoid thcir commercial liabilities. Consular officers of ''"^ either character shall not in any event be interfered with in the exercise of their official functions, further than is indispensable for the administration of the laws of the country. Article IV. Consuls-General, Consuls, Vice-Consuls and Consular Agents may rms place over the outer door of their offices, or of their dwell- rmsan oga. jjjgg^ ^]jg arms of thcir nation, with the proper inscription indicative of the office. And they may also hoist the flag of their country on the consular edifice, except in places where a legation 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 conauiararchivei P^®*®^^® whatcvcr shall the local authorities be allowed to examine or seize the papers forming part of them. When, 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 Consnles missi who are not citizens of Office, and dwell- ^^^ couutry of their residence shall be at all times invio- iWjSwbe^ed lable. The local authorities shall not, except in the case of the pursuit for crimes, under any pretext invade them. In no case shall they examine or seize the papers there deposited. In no event shall those offices or dwellings be used as places of asylum. Article VI. In the event of the death, prevention or absence of Consuls-General, Death of conaaia ^ousuls, Vicc-Consuls Sbxid Consular Agents, their Chan- cellors or Secretaries, whose official character may have previously been made known to the respective authorities in Germany GERMAN EMPIEE, 1871. 365 or in tlie United States, may temporarily exercise their functious, and, while thus acting, they shall enjoy all the rights, prerogatives and immunities granted by this convention to the incumbents. Article VII. Consuls-General and Consuls may, with the approbation of their re- spective Governments, appoint Vice-Consuls and Consular p<,„„ „f ca„,„i. Agents in the cities, ports and places within their consular ^ui3™^d'"*2onS; jurisdiction. These officers may be citizens of Germany, of ^=°°"- the United States, or any other country. They shall be furnished with a commission by the Consul who appoints them and under whose orders they are to act, or by the Government of the country which he repre- sents. They shall enjoy the privileges stipulated for consular officers in this convention, subject to the exceptions specified in Article III. Article VIII. Consuls-General, Consuls, Vice-Consuls and Consular Agents shall have the right to apply, to the authorities of the respective countries, whether Federal or local, judicial or executive, co1;™L"io'8°v°™^ • n • It I 1 n j_t • 1 T- A • I I' J 1 1 mental authorities. within the extent of their consular district, lor the redress of any infraction of the treaties and «onventions 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 to be their legal representatives. If due notice should not be taken of such application, the consular officers aforesaid, in the absence of a dip- lomatic agent of their country, may apply directly to the Government of the country where they reside. Article IX. Consuls-General, Consuls, Vice-CQnsuls or Consular Agents of the two countries, or their Chancellors, shall have the right, __jenficatjon^^End conformably to the laws and regulations of their country: SeV ° 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 crfews, 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 countrymen, and any and all acts of agreement entered upon between citizens of their own country, and between such citizens and the citi- zens or other inhabitants of the country where they reside; and also all contracts between the latter, i^rovided they relate to property sit- uated or to business to be transacted in the territory of the nation by which thte said consular officers are appointed. All such acts of agreement and other instruments, and also copies and translations thereof, when duly authenticated by such Ev-de=cei»courts Consul-General, Consul, Vice-Consul or Consular Agent, un- """"■ 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 authen- ticated by competent public officers of one or the other of the two coun- tries. 366 TKEATIES AND CONVENTIONS. Article X. In case of the death of any citizen of Germany in the United States, De.th of cit,..„8 or of any citiz«n of the United States, in the German Em- ?8??ii"ory"o'" Ihe pirc, without having in the country of his decease any known °"'"- heirs or testamentary executors by him appointed, the com- petent local authorities shall at once inform the nearest consular ofiftcer of the nation to which the deceased belongs of the circumstance, in or- der 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 succeBs.on dutiM. ^^^^ ^^ ^^^^ wouW bc Hablc to pay, if they were citizens of the Qountry in which the property is situated or the judicial administra- tion of the same may be exercised. Article XI. Consuls-General, Consuls, Vice-Consuls and Consular Agents of the con,ui8 to take two countrfes are ex.clusively charged Mdth the inventory- by'dec^Led^aiio" iDg ^ud thc safe-teepiug of goods and effects of every kind or p«88eng=™. jgf^ jjy gaiiors or passengers on ships of their nation who die, either on board ship or on land, during the voyage or in the port of destination. Article XII. Consuls-General, Consuls, Vice-Consuls and Consular Agents shall be at liberty to go either in person or by proxy on board vessels retatwftf the""?- of their nation admitted to entry and to examine the oflBcers aeiHortiie.rrauitry. ^^^ crcws, to examiuB the ships' papers, to receive declara- tions concerning their voyage, their destination, and the incidents of the voyage; also to draw up manifests and lists of freight, to facilitate the entry and clearance of their vessels, and finally to accompany the said ofiScers 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- .eSnrraerehHm out havlug glvcn previous notice to the consular officers of vessels. ^j^^ nation to which the said vessels belong, in order to ena- 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, ^he notice to Consuls, Vice-Consuls or Consular Agents shall name 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, Vice-Consuls or Consular Agents shall have exclusive charge of the internal order of the merchant-ves- putls'Seen mZ- scls of thclr uatlou, and shall have the exclusive power to lersan ere™. ^^j^^ cognizancc of aud to determine differences of every kind which may arise, either at sea or in port, between the captains, GERMAN EMPIRE, 1871. 367 officers and crews, and specially in reference to wages and the execu- tion of mutual contracts. Neither any court or authority shall, on any pretext, interfere in these differences, except in cases where the dif- ferences 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 oflacers and crew of the vessel are parties to the disturbance. Except as aforesaid, the local authorities shall confine themselves to the rendering of efficient aid to the Consuls, when they may ast it, in order to arrest and hold all persons, whose names ed°bTtocVi°mh='ri. are borne on the ship's articles, and whom they may deem '"°'' it necessary to detain. Those persons shall be arrested at the sole re- quest 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, inade in writing. The expenses of the arrest and detention of those persons shall be paid by the Consuls. ^"^°'" °' """■ Article XIV. Consuls-General, Consuls, ViceCon&uls or Consular Agents may arrest the officers, sailors and all other persons making part of 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 to either the Federal, State or municipal courts or authori- ties, and the 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 they 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 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 the Consuls. All aid and protection shall be furnished them for the pursuit, seizure and arrest of the deserters, who shall be taken to the prisons 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 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 desert- ers shall be set at liberty, and shall not again be arrested for the same cause. Article XY. In the absence of an agreement to the contrary between the owners, freighters and insurers, all damages suffered at sea by the seuiementordam- vessels of the two countries, whether they enter port volun- i;r,°8ae™o'f"1heif 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. If, howev er, any inhabitant of the country, or citizen or subject of a third Pow er, shall be interested in the matter, and the parties caonoti agree,,the competent local authorities shall decide. 368 TREATIES AND CONVENTIONS. Aeticle 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, Shipwreck, ^^ ^^^ ^^ shore, on the coast of the other, the local authori- ties shall inform the Consul-General, Consul, Vice-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, Yice-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 Em- saivs... pj^^ shall take place in accordance with the laws of Ger- many; 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. Tne 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 shall be made, except such as in similar cases are paid by vessels of the nation. In case of a doubt concerning the nationality of a shipwrecked ves- sel, the local authorities shall have exclusively the direction of the pro- ceedings provided for in this article. All merchandise and goods not destined for consumption in the Goods on board couutry whcrB the wreck takes place shall be free of all to be I'ree of duty, rllli'ipQ Aeticle XVII. With regard to the marks or 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 Stateg 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, Dnratioo of Con- countlug from thc day of the exchange of the ratifications, vention. 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 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 eleventh of December, 1871. SEAL. SEAL. Geo. Banoeoft. B. KoENIG. PEOTOOOL. The undersigned met this day, in order to effect the exchange of the ratifications of the Consular Convention, signed on the eleventh day of December, 1871, between the United States of America and Germany. GERMAN EMPIRE, 1871. 369 Before proceediug 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- ment, with the advice and consent of the Senate, the expres- sion "property," used in the English text of Articles III and IX, is to be construed as meaning and intending "real estate." 2. That, according to the laws and the Constitution of the United States, Article X applies, not only to persons of the male Artwe x lo appiv Sex, but also to persons of the female sex. tobothsexaa. 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 twenty-ninth AprU, 1872. Geo. Bancroft. Delbrueok. 3769 TR 24 GEEAT BRITAIN. 1782.* PEOVISIONAL AETICLES AGREED UPON, BY AND BETWEEN EICHARD OSWALD, ESQUIRE, THE OOmilSSIONER OF HIS BRITANNIC MAJESTY, FOE TREATING OF PEACE WITH THE COMMISSIONEES OF THE UNITED STATES OF AMEEICA, IN BEHALF OF HIS SAID MAJESTY ON THE ONE PAET, AND JOHN ADAMS, BENJAMIN FRANKLIN, JOHN JAY, AND HENRY LAURENS, FOUR OF THE COMMISSIONERS OF THE SAID STATES FOR TREATING OF PEACE WITH THE COMMISSIONEE OF HIS SAID MAJESTY, ON THEIR BEHALF, ON THE OTHEE PAET. 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 IS NOT TO BE CONCLUDED UNTIL 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. Concluded November 30, 1782. Proclamation ordered by the Continental Congress April 11, 1783. Whereas reciprocal advantages and mutual convenience are found by E lit and reel ©xpericnce to form the only permanent foundation of peace prochy w fo"m bS and frieudship between States, it is agreed to form the arti- ° """'^' cles of the proposed treaty on such principles of liberal equity and reciprocity, as that partial advantages (those seeds of discord) being excluded, such a beneficial and satisfactory intercourse between the two countries may be established as to promise and secure to both perpetual peace and harmony. Aktiole I. His Britannic Majesty acknowledges the said United States, viz., inde endence of ^^^ Hampshirc, Massachusct's Bay, Ehode Island and tiieuSltaTe.ac- Providcuce Plantations, Connecticut, New York, New Jer- kiiowiedBcd. g^y^ Pennsylvania, Delaware, Maryland, Virginia, North Car- 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 claims to the Gouvemment, 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 de- clared 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. Croix Eiver to the Highlands ; along the Highlands which divide those rivers that empty themselves into the river St. Lawrence, * See Notes: "Abrogated, suspended or obsolete treaties." 370 GREAT BRITAIN, 1782. 371 from those which fall into, the Atlantic Ocean, to the north westernmost head of Connecticut Eiver; thence down along the middle of that river to the 45th degree of north latitude; from thence, by a line due west on said latitude uhtill 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 noi-thward 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 nntill it shall intersect the northernmost part of the 31 st 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 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 Pundy 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 Fnndy and the Atlantic Ocean ; excepting such islands as now are, or heretofore have been, within the limits of the said prov- ince of Kova Scotia. Article HI. It is agreed that the people of the United States shall continue to en- joy 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 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- la'nd as British flrshermen 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 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. 372 TREATIES AND CONVENTIONS. Article rv. It is agreed that creditors ou either side shall meet with no lawful RecoTeryordebf. impediment to the recovery of the full value in sterling money of all bona fide debts heretofore contracted. Akticle V. It is agreed that the Congress shall earnestly recommend it to the Re.tiiutionorcon- loglslatures of the respeoti'fre States to provide for the res- liBcated estates, tltutiou of all Bstatcs, Hghts and properties which have been confiscated, belonging to real British subjects, and also of the estates, rights and properties of persons resident in districts in the pos- session of His Majesty's arms, and who have not borne arms against the- said United States: And 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 and 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. Akticle VI. That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons for or by reason ™t,o„^"ir"rosec'u'^ of thc part wWch he or they may have taken in the present 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 ou 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 Britahnie Briti.h urmies to MaJBSty aud thc said States, and between the subjects of bew.tbdrawn. ^jjg Q^g ^jj^ ^jjg cltlzeus of tlic othcr, wherefore all hostili- 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- rying 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 GREAT BRITAIN, 178-2. 373 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. Aetiole Vlll. The navigation of the rivei Mississippi, from its source to the ocean, shall forever remain free and open to the subjects of Great Britain and the citizens of the United States. NavJgntlon. of the Mississippi. Article IX. In case it should so happen that any place or territory belonging to Great Britain or to the United States should be conquered Ke,tpratio„ofter- by the arms of either 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. Dope at Paris the thirtieth 'day of K^ovember, in the year one thou- sand seven hundred and eighty-two. SEAL. SEAL. SEAL. SEAL. SEAL.' Witness : EiCHAED Oswald. John Adams. B. Fkanklin. John Jay. Heney Lauebns. Caleb Whitefooed, Sec^y to the British Commission. W. T. Feanklin, Se^y to the American Commission. SEPAEATB 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 be- ^='' *■"""'''• tween the said province and the United States shall be a line drawn from the mouth of the river 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. SEAL. seal. SEAL. seal. SEAL.' Eichaed Oswald. John Adams. B. Feanklin. John Jay. Henky Laueens. Attest: Caleb Whitefooed, Sec'y to the British Commission. W. T. Feanklin, Sec'y to the American Commission, S74 TREATIES AND CONVENTIONS, 1783. AEMISTICE DECLARING A CESSATION OF HOSTILITIES. Concluded. January 20, 1783. We, the undersigned Ministers Plenipotentiary of the United States of North America, having received from Mr. Fitz Herbert, Minister 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 J3is 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 afiQxed. " Veesailles, Jan^y 20, 1783. (Signed) "ALLEYNE PITZ HEEBEET. [seal.] 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. [SEAL.J John Adams. [SEAL.] B. Franklin. GKEAT BRITAIN, 1783. 375 Copy of the first and twenty-second of the preliminary articles, ietween 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 and by land, in all parts of the world ; orders shall be sent order, to ceaa= 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 a"ticle 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 North Seas, after the space of twelve days, to be computed from the ratification of the present preliminary articles, shall be restored on each side. p,i„, ,^„ .a^^ That the term shall be of one month fi-om the Channel and ''f^'""-^^"^"'^^- the North Seas to the Canary Islands inclusively, whether in the ocean or in the Mediterranean ; of two months from the said Canary Islands to the equinoxial line or equator ; and lastly, of five months in all other parts of the world without any exception, nor other more particular distinc- tion of times and places. 1783.* DEFINITIVE TREATY OF PEACE. Concluded Septetnier 3, 1783 ; Ratified by the Continental Congress Janu- ary 14, 1784 ; Proclaimed January 14, 1784. 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 in- terrupted the good correspondence and friendship which they mutually wish to restore; and to establish such a beneficial and satis- Deciarationot factory intercourse between the two countries, upon the ''°'"^- ground of reciprocal advantages and mutual convenience, as may promote and secure to both perpetual peace and harmony : And having for this desirable end already laid the foundation of peace and reconciliation, by the provisional articles, signed at Paris, on the 30th of Nov'r, 1782, *See Notes: "Abrogated, suspended or obsolete treaties." 576 TEfeATIES ANi) COifVEN*IOlJS. 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 Grown 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 Bri tannic 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 andappointed,thatistosay. 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 Stat«s of America at the Court Ne otiafor. ^^ Vcrsailles, late Delegate in Congress from the State of Massachusetts, and chief justice of the said Sf;ate, and Min- ister Plenipotentiary of the said United States to their High Mighti- nesses the States General of the United Netherlands ; Benjamin Frank- lin, esq're, late Delegate in Congress from the State of Pennsylvania, president of the convention of the said State, and Minister Plenipoten- tiary 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 con- cluding and signing the present definitive treaty j who, after haviug reciprocally communicated their respective full powers, have agreed upon and confirmed the following articles : Article I. His Britannic Majesty acknowledges the said United States, viz. New ^^ Hampshire, Massachusetts Bay, Ehode Island, and Provi- uSed'^stS L dence Plantations, Connecticut, New York, New Jersey, knowiedgei Pennsylvania,Delaware,Maryland,Virginia,North Carolina, 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. Aeticlb II, And that all disputes 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 : From the northwest angle of Nova Scotia, viz. that angle which is formed by a line drawn due north from the source of Saint Croix Eiver 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 Eiver ; 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 GREAT BEITAIN, 1783. 377 along the middle of said water communication into ihe 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 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 ; thence through the said Isike 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 lati- tude. 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 At- lantic Ocean from those which fall into the river St. Lawrence; com- prehending 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 Ifova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fuudy 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 IIL It is agreed that the people of the United States shall continue to enjoy unmolested the right to take fish of every kind on the Fiaherte 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 Newfound- land 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 fish- ermen shall have liberty to dry and cure fish in any of the unsettled hays, 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 settlements, without a pre- vious 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 Recovery of debu 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 BesutMio-ofcon of all estates, rights and properties which have been confis- ^'"""' "'"'•''■• cated, belonging to real British subjects, and also of the estates, rights 378 TREATIES AND CONVENTIONS. and properties of persons resident in districts in the possession of His Alajesty's arms, and who have not borne arms against the said United States. And that persons of any other description shall have free lib- erty to go to any part or parts of any of the thirteen 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 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 on 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. Abticle VI. That there shall be no future confiscations made, nor any prosecutions No fmher confia- commcuc'd agaiust'any person or persons for, or by reason cati°n8°"r"™?c^ of thcpart which he or they may have taken in the present 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 Maj- British iirinie. to ©sty and thc said States, and between the subjects of the one be withdraw,.. g^jj^ ^jjg cltizeus of thc other, wherefore all hostilities, both by sea and land, shall from henceforth cease: All prisoners on both sides shall be set at liberty, and His Britannic Majesty shall, with aU conven- ient 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 post, 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 oflcers, to be forthwith restored and deliver'd to the proper States and persons to whom they belong. Aeticlb VIII. The navigation of the river Mississippi, from its source to the ocean, Navinatipo of the shall for cvcr remain free and open to the subjects of Great Mi..i..,pp[. Britain, and the citizens of the United States, 379 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 HeMoratmnofter- conqner'd by the arms of either from the other, before the """'■ arrival of the said provisional articles in America, it is agreed, that the same shall be restored without difflculty, 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- ties, in the space of six months, or sooner if possible, to be computed from the d.iy 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 afflx'd thereto. Done at Paris, this third day of September, in the year of our Lord one thousand seven hundred and eighty-three. SEAL. SEAL. SEAL. SEAL. D. Hartley. John Adams. B. Franklin. John Jat. 1794.* TREATY OF AMITY, COMMERCE AND NAVIGATION. Concluded November 19, 1794 ; Ratification exchanged at London Octoher 28, 1795; Proclaimed February 29, 1796. His Britannic Majesty and the United States of America, being d£- sirous, by a treatj^ 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 Eight Honorable William Wyndham Baron Grenville of Wotton, one of His Majesty's Privy Council, and His Majesty's Principal Secre- tary of State for Foreign Affairs ; and the President of the "'""""o"- said United States, by and with the advice and consent of the Senate thereof, hath appointed for their Plenipotentiary, the Honorable John * See Notes: "Abrogated, suspended or obsolete treaties." 380 TREATIES AND CONVENTIONS. Jay, Chief Justice of the said United States, and their Envoy Extra* ordinary to His Majesty ; Who have agreed on and concluded the following articles :. Article I. There shall be a firm, inviolable and universal peace, and a true and Declaration of am- siuccre friendship between His Britannic Majesty, his heirs "^- and 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. Akticle II, His Majesty will withdraw all his troops and garrisons from all posts withdrawaiof ^ud placos wlthln thc boundary lines assigned by the treaty Britieb force.. qJ pcaco to thc Uultcd Statcs. This evacuation shall take place on or before the first day of June, one thousand seven 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 •v ,. s ii w d s^^t^'^^s and traders, within the precincts or jurisdiction tosottS'a'dtad- of the said posts, shall continue to enjoy, unmolested, all 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, To deciiirp their shall uot bc compclled to become citizens of the United choicoofciiiiensiiip. gtatcs. Or to takc 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. Aeticle 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 mere? aSi°nav°S- ludlaDs dwcjling ou elthcr side of the said boundary line, freely to pass and repass by land or inland navigation, into , the respective territories and countries of the two parties, on the conti- nent 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, Exceptionn. harbours, bays or creeks of His Majesty's said territories ; nor into such parts of the rivers in His Majesty's said territories as GREAT BRITAIN, 1794. 381 are between the mouth thereof, and the highest port of entry from the sea, except in small vessels trskding' bona fide between Montreal and Qnebec, under such regulations as shall be established to prevent the possibility of any frauds in this respect. Nor to the admission of British vessels frbm 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 be- longing, 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, may freely, for the purposes of commerce, be carried into the d..Sso'"""™n'tor 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 pur- poses 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 Ameri- can 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 respect- ively, 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 i^ackages, unusual among Indians, shall not be considered as goods belonging bona fide to Indians. Fo higher or other tolls or rates of ferriage than what are or shall be payable by natives, shall be demanded on either side; and n„ di.cf;mi„»ttas no duties shall be payable on any goods which shall merely ^B""„d"Boo'dB"fi; be carried over any of the portages or carrying-places on '"°"''- either side, for the purpose of being immediately re-embarked 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 pas- sage across the same, and proper regulations may be established to prevent the possibility of any frauds in this respect. As this article is intended to render in a great degree the local advan- tages of each party common to both, and thereby to promote a disposi- tion favorable to friendship and good neighborhood, it is agreed that the respective Governments will mutually promote this amicable inter- course, by causing speedy and impartial justice to be done, and necessary protection to be extended to all who may be concerned therein. 382 TREATIES AND CONVENTIONS. Aetiole IY. Whereas it is uncertain whether the river Mississippi extends so far Survey of the Mis- *<> the northwaxd as to be intersected by a line to be drawn sieaippi. ^jyg ^gg^ fj.Qjjj t_{jg 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 surviey 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 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 tfierein 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 Appointment of Presidcut of thc Uultcd States, by and with the advice and £S»h°rriver'i° consent of the Senate thereof, and the said two commis- themer St. Croix. gjQners 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 m.SS "to^Te Majesty, and to the agent of the United States, who may be respectively appointed and authorized to manage the busi- ness on behalf of the respective Governments. And both parties agrep to consider such decision as final and conclusive, so as that the same shall never thereafter be called into question, or made the subject of dis- pute or difference between them. Article VI. Whereas it is alleged by divers British merchants and others His Majesty's subjects^ that debts, to a considerable amount, uni^rsfateTto wlilch wcrc bona fide contracted before the peace, still remain owing to them by citizens or inhabitants of the United States, and that by the operation of various lawful impediments GREAT BRITAIN, 1794. 383 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 rcQeive full and adequate compensation for the losses and damages which they have thereby sustained : It is agreed, that in all such cases, where fuU 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 prodsionis 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 .ucSerani6™tio.. 1 ' n J-* t 1 I It' 1111 shaU Qot extend. insolvency of the debtors or other causes as would equally have operated to produce such loss, if the said impediments had not ex- isted ; nor to such losses or damages as have been occasioned by the manifiest 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- ized to meet and act in manner following, viz: Two of them dicMeTbyaBoa'd'S shall be appointed by His Majesty, ^o 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 aj)- 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 of my 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 have power to do any act appertaining to the said Commis- Their power and 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 to be 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 384 TREATIES AND CONVENTIONS. true intent and meaning of this article, to take into their consideration ciMB or claims to ^11 claims, whether of prineipa,! or interest, or balances of be considered. principal and interest, and to determine the same respect- ively, according to the merits of the several cases, due regard being had to all the circumstances 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 aflrmation, touching the premises; and also to receive in evidence, according as they may think most consistent with equity and justice, all written depositions, or books, or papers, or copies, or extracts there- of; 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 Com- missioners shall see cause to require or allow. The award of the said Commissioners, or of any three of them as aforesaid, shall in all cases be final and conclusive, both as misJoLra °to Te to the justice of the claim, and to the amount of the sum to be paid to the creditor or claimant; and the United States undertake to cause the sum so awarded to be paid in specie to such creditor or claimant without deduction ; and at such time or times and at such place or places, as shall be^warded 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 Com- missioners to take place sooner than twelve months froin the day of the exchange of the ratifications 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 GreatB°rua'i'™tJ War 1x1 wMch His Majesty is now engaged, they have sus- AmericfLQ creditors. ,. •, .-i iii -it i /»• tamed considerable losses and damage, by reason of irregu- lar or illegal captures or condemnations of their vessels and other prop- erty, 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 com- pensation 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 suchTifderanSion bo made by the British Government to the said complain- .haiiaoteite»d. g^j^f^ jj^^ j^; jg distiuctly uuderstood that this provision is not to extend to such losses or da;mages as 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 diSt'cd" by°a°Boa°d authorizcd to act in London, exactly in the manner directed with respect to those mentioned in the preceding article^ and after having taken the same oath or aflrmation, (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 ev- idence in the same latitude, and exercise the like discretion and powers respecting that subject; and shall decide the claims in question accord- GEEAT BRITAIN, 1794. 385 ingto 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 nii»Se™'^.o be final and conclusive, 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 con- dition of such releases or assignments 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 : It is agreed that in all such cases where restitution shall not have been made agreeably to the tenor of the letter from Mr. ^^^^ ^^^^ ^^^^ Jefferson to Mr. Hammond, dated at Philadelphia, Sept. ^iccTrnoTto m. 5, 1793, a copy of which is annexed to this treaty ; the com- plaints of the parties shall be and hereby are referred to the Commis- sioners 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 cases committed to them; and the United States under- take 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 Commissioners, and at the times compiaint» or and places which in such awards shall be specified ; and on ^jSrref w com- 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 descriptions, but also all such as shall exist at the time of exchanging the ratifications of this treaty, shall be considered as being within the provisions, intent and meaning of this article. Akticle VIII. It is further agreed that the Commissioners mentioned in this and in the two preceding articles shall be respectively paid in such manner as shall be agreed between the two parties, such ^wen^ss. agreement being to be settled at the time of the exchange of the ratifi- cations of this treaty. And all other expenses attending the said Com- missions shall be defrayed jointly by the two parties, the same being previously ascertained and allowed by the majority of the Commission- ers. And in the case of death, sickness or necessary absence, the place of every such Commissioner respectively sh all be supplied in how vacancies are the same manner as such Commissioner was first appointed, tobemied. and the new Commissioners shall take the same oath or affirmation and do the same duties. Akticle IX. It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold „„ diacrimmation 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 3769 TK 25 386 TREATIES AND CONVENTIONS. please, in like manner as if they were natives; and that neither t-hey nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident thereto, be regarded as aliens. Aeticle X. Neither the debts due from individuals of the one nation to individuals Private debts and of thc othcr, HOT sharcs, nor monies, which they may ha^e ™°Sne3°o'r "i^ iQ the pubUc funds, or in the public or private banks, shall catedintimeofwar. gygj. jjj g^yy gygjit of War Or natioual diffferences be seques- tered or confiscated, it being unjust and impolitic that debts and engage- ments contracted 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 XI. It is agreed between His Majesty and the United States of America, that there shall be a reciprocal and entirely perfect liberty of naviga- tion and commerce between their respective people, in the manner, under the limitations, and on the conditions specified in the following articles. • Aeticle XII.* His Majesty consents that it shall and may be lawful, during the time wesMndia trade hereinafter limited, for the citizens of the United States regulated ^ Carry to any of His Majesty's islands and ports in the West Indies from the United States, in their own vessels, not being above the burthen of seventy tons, any goods or merchandizes, being of the growth, manufacture or produce of the said States, which it is or may be lawful to carry to the said islands or ports from the said States in British vessels ; and that the said American vessels shaU be subject No discrimination thcro to uo othcr Or higher tonnage duties or charges than m tonnage datiee. gijau ^^ payaWc by British vcsscls lu 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 No diarrimination to the Unltcd Statcs, from the said islands and ports, all in duties on e^pone. g^gjj artlclcs, boiug of thc 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 lapd 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 sh all 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 * Suspended by the Additional Article beincc an amendment by the Senate. See page 395. (JJREAt BKITAlN, 1794. 387 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 j,^_.^,.^_^ ^^ of the war in which His Majesty is now engaged; and also vi,io°nfif"th°s anu for two years ft'om and after the date of the signature of the preliminary or other articles of peace, by which the same may be termi- nated. 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 iu what cases provisions and other articles, r.ot generally contraband, may become such. But in the mean time, their conduct towards each other in these respects shall be regulated by the articles hereinafter inserted on those svii>jects. AuaiCLE XIII. His Majesty consents that the vessels belonging to the citizens of the United States of America shall be admitted and hospitably East-inJi, trad. received in all the sea-ports and harbors of the British '•^n"'""'- territories in the East 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 Pro,i,ion.ii.time 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 tonnage duty than shall be payable on ^^ discnmbafon British vessels when admitted into the ports of the United '» ">°°««= ""uura. States. And they shall pay no 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 imported or exported in British vessels. But it is expressly agreed that the vessels of the United States shall not carry any of the articles exported by them from the DiBorimmation a. said British territories to any port or place,, except to some au4°eoodfm^''bS 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 Discrimination a. British territories; but vessels going with their original car- «»':°»"'"«"«'i=- goeSjOrpartthereof, from one port of discharge to another, are not to bfe considered as carrying on the coasting trade. Neither is this article to 388 TREATIES AND CONVENTIONS. be construed to allow the citizens of the said States to settle or reside within the said territories, or to go into the interior parts thereof, with- out the permission of the British G-overnment established there; 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 har- bour in the said territories, 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 ^ and the territories of the United States a reciprocal and per- merce' a"d °nav°BT fcct liberty of commcrcc and navigation. The people and inhabitants of the two countries, respectively, shall have lib- erty 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 irfto 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. Aeticle 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 than in duties on v=.8ei., such as arc paid by the like vessels or merchandize of all other imports an esportB. jj3^jjqqj,_ jyfQj. gjjall auy'othcr Or highcr duty be imposed in one 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. 2for 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 Equalization o f Amcricau vessels entering into the British ports in Europe tonnago dut,s». g, tonuage 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 im- portation 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 treat'forlquaii'zation those mentioncd at the conclusion of the twellth 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 GKEAT BRITAIN, 1794. 389 or additional tonnage duties on British vessels, nor increase the now- subsisting difference betweien the duties payable on the importation of any articles in British or in American vessels. Article XVI. It shall be free for the two contracting parties, respectivelj'', to appoint Consuls for the protection of trade, to reside in the uomin- ^^^^^^^ 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 in 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 either be punished according to law, if the laws will reach the case, or be dis- missed, or even sent bact, 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. AKTICtB 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- ^^ tares or js- erty, or of carrying to the enemy any of the articles which ten "„9°o" n°utrS are' contraband of war, the said vessels 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 prevept delay in deciding the cases of ships or cargoes so brought in for adjudication, and in the payment or recovery of any indemnification, adjudged or agreed to be paid to the masters or owners of such ships. Aetiole XVIII. In order to regulate what is in future to be esteemed contraband of war, it is agreed that under the said denomination shall 1 -Til T-1 j_ • nil Contraband goods. be 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, musket-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 eases in which alone provisions a'nd other articles not generally contraband cn»e» in which may be regarded as such, renders it expedient to provide cSba°ncifreTo"e against the inconveniences and misunderstandings which «'"»«iere'i»»B<'=h- 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 reason be seized, the same shall not be confiscated, but the own- 390 TREATIES AND CONVENTIONS. ers thereof shall be speedily and completely indemnifled ; and the cap- tors, 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 articles, 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 i)elonging to an enemy without knowing that the Elockadeil porta, ^ Z .j^ =" , . , , ,"' i i -, . j. j -j. • same 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 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. Article SIX. And that more abundant care may be taken for the security of the Protection of oiB- rcspcctive subjccts and citizens of the contracting parties, cr^rSSi vS! 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 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 competent judge, sufflcient 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 Authenticated cither of the parties shall pronounce sentence against any a°i"p™cc''°dSri°„^ vessel or goods or property belonging to the subjects or pme causes. citizcus of thc 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 Pirates ^^^^ refiusc 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 GREAT BEITAIN, 1794. 391 bring to condign punishment all such inhabitants fts sliall 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 suwectsordtizens other, nor accept commissions or instructions so to act from aL°°p?"™mm°M"oa any foreign Prince or State, enemies to the other party; nor m""*",,''" wuu^fto shall the enemies of one of the parties be permitted to invite, °"'°'- 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 will order or authorize any acts of reprisal against the other, on complaints of injuries or damages, until the said party Keptisai.. 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 of&cers 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 iSmerican vessel should, by stress of weather, danger from enemies, or other A„„ie„„ ,eseoi. iiiisfbrtuue, be reduced to the necessity of seeking shelter" ipm^Se^'cLnail; in any of His Majesty's ports, into which such vessel could 'i^-rastence.. 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 3d2 TREATIES AND CONVENTIONS. sell any part of her -cargo, unless so nmch only as may be necessary to deJFray her expeiices, 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 puri)ose 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- Foreigi, privateer., g^^^^g from any othor 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. Article XXV. It shall be lawful for the ships of war and privateers belonging to the Ship, of war may Said partics respectively to carry whithersoever they please ??i'z"."he"'pom°of the ships and goods taken from their enemies, without being either country. obligcd to pay any fee to the officers of the admiralty, or to any judges whatever 5 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, naviga- tion, or commerce,) 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 Eiceptio... ^^ weather, or the dangers of the sea, to enter therein, par- ticular care shall be taken to hasten their departure, and to cause them to retire as soon as possible. Nothing in this treaty contained shall, however, be construed or operate contrary to former and existing public treaties with other sovereigns or States. But the two parties agree that while they continue in amity neither of them will jn future make any treaty that shall be inconsistent with this or the preceding article. Neither of tbe 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 anj"^ Prince, Eepublic or State whatever. But in case it should so happen, the party whose territorial rights shall thus have been violated shall use his utmost en- deavors 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 .ubSTamfeiiLen! of cach of the two nations residing in the dominions of the °do°ZZ^ot\Te Other shall have the privilege of remaining and 'continuing otirerm time oi war. ^j^g^j. trado, SO loug as they behave peaceajbly and commit no offence against the laws ; and in case their conduct should reader 1794. 393 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 negociations 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 parties retain their rights, either to request the recall, or immediately to send home the A mbassador or Minister of the other, and that without prejudice to their mutual friendship and good understand- ing- Article XXVII. It is further agreed that His Majesty and the United States, on mutual requisitions, by them respectively, or by their re- spective 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 requi- sition and receive the fugitive. Article XXVIII. It is agreed that the first ten articles of this treaty shall be perma- nent, and that the subsequent articles, except the twelfth, rtaitatitmofirti- 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 dis- cussion, so early betbre 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 3769 TK 24 394 TEEATIES AND CONVENTIONS. 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 so 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 afSxed thereto the seal of our arms. Done at London this nineteenth day of November, one thousand seven hundred and ninetv-four. SEAL. SEAL. GrEENVILLE. John Jay. Letter from Thomas Jefferson to George Hammond. Philadelphia, September 5, 1793. SiK : I am honored with yours of August 30. Mine of the 7th of that mouth 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 peace, and for the res- toration of the prizes the Lovely Lass, Prince William Henry, and the Jane of Dublin ; and that should the measures for restitution fail in their effect, the President consid- ered 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 seas near our shores, and to recover and restore the same to the right own- ers 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 ua 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 restitution 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 June, and before the date of that letter, yet when the same forbearance had taken place, it was and is his opinion, that compensation would be equally due. 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 oases 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 1 ti 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 giveu 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 re.stitution. 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 ]peroeive, sir, that the President contemplates restitution or compen- sfvtion in the case before the 7th of August ; and after that date, restitution if it can be effeotedby 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, correoti GEEAT BRITAIN, 1796. 395 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 CoUeotoj- 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, and 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 Customs where the respective vessels are. I have the honor to be, &c., Th: Jefferson. Gko : Hammond, Esq. ADDITIONAL AETIOLE.* It is furtlier agreed, between the said contracting parties, that the operation of so much of the twelfth article of the said treaty Tw.mh article as respects the trade which his said Majesty thereby con- "'"p='"i'='^ sents 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. 1796.t EXPLANATOEY AETICI.E TO THE THIED AETICLE OF THE TEEATY OF NOVEMBEE 19, 1794, EESPECTING THE LIBEETY TO PASS AND EEPASS THE BORDEES AND TO CAREY ON TEADE AND COMMEECE. Concluded May 4, 1796; Batification advised by Senate May 9, 1796. 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 respect- ive 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, Wee- as, Kickapoos, Piankashaws, and Kaskaskias, it was s.tipu- lated that no person should be permitted to reside at any of ^'"'"""' the towns or the hunting camps of the said Indian tribes, as a trader, who is not furnished 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 'Amendment of the Senate by its resolution advising ratification, June 24 1795^. ucoepted by Great Britain. ' t See Notes: -"Abrogated, suspended or obsolete treaties;" 396 TREATIES AND CONVENTIONS. 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 Oharg6 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 Commissioners, having communicated to each other theii' full powers, have, Neeotiators. j^ ylrtue 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 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, accord- ing 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 mutually exchanged, shall be added to and make a i.)art 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 afl&xed pur seals. Done at Philadelphia this fourth day of May, in the year of our Lord one thousand seven hundred and ninety-six. SEAi.] P. Bond. SEAL.] TiMOTHT PiGKEEING. 1798.* EXPLANATORY ARTICLE TO THE TREATY OF NOVEMBER 19, 1794, RELEAS- ING THE COMMISSIONERS UNDER THE FIFTH ARTICLE FROM PARTldtJ- LARIZING THE LATITUDE AND LONGITUDE OP THE RIVER ST. CROIX. Concluded March 15, 1798 j Batification adviseU by Senate June 5, 1798, Whereas by the twenty-eighth article of the treaty of amity, com- ThecomniiBsioners mcrcc, aud uavigation between His Britannick Majesty and ™dthe''soSreeofSB the United States, signed at London on the nineteenth day St. crois. Qf 'November, one thousand seven hundred and ninety-four, it was agreed that the contracting parties would, from time to time, *Seo Notes: "Abrogated, suspended or obsolote treaties." GTEAT BRITAIN, 1798. 397 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. Oroix, 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- potentSaries 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 un- der the fifth article of the above-mentioned treaty shall not be obliged to particularize, in 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 expedient, which description shall be considered as a coinplete execution of the duty required of the said Commissioners in this respect by the article aforesaid. And to the end that no uncer- tainty may hereafter exist on this subject, it is farther agreed. That as soon as may be after the decision of the said Commissioners, measures shall be concerted between 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 Monument k, be place ascertained and described to be the source of the said "^^"^ river St. Croix, 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 mut- ually 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 thousand 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. SEAL. SEAL, Geenville. Eupus King. 398 TREATIES AND CONVENTIONS. 1802* CONVENTION PROVIDING FOR PAYMENT OF INDEMNITY UNDER THE SIXTH, AND SEVENTH ARTICLES OF THE TREATY OF NOVEMBER 19, 1794, AND DEBTS UNDER THE FOURTH ARTICLE OF THE TREATY OF SEPTEMBER 3, 1783. Concluded January 8, 1802 ; Ratifications exchanged at London July 15, 1802. Difficulties having ariseu in the execution of the sixth article of the Article 7, maty of treaty of amity, commerce and navigation, concluded at November 'i9,i?94. ijQndon Qu the nineteenth day of November, one thousand seven hundred and ninety-four, between His Britannic Majesty and the IJnited States of America, and in consequence thereof the proceedings 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 respectively named Plenipotentiaries to treat and agree respecting the same, that is to say, His Britannic Majesty has named for his Plenipotentiary, the Eight Honourable Eobert Banks Jenkinson, commonly called Lord Kejotmor.. 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 concluded the following articles : Article I. In satisfaction and discharge of the money which the United States might have been liable to pay in pursuance of the provisions prjd'alms uSeth of the Said sixth article, which is hereby declared to be can- srt.ortreatrofi<94. gg^g^j ^^^ anuuUed, exccpt so far as the same may relate to the execution 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 hundred 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 Time of payments, g^p^pation of two ycsTS, aud thc third and last instalment at the expiration of three years next following the exchange of the ratifica- tions 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 cuima unde- P®^'^®5 concludcd at Paris on the third day of September, fourtbTA^Pe "t one thousand seven hundred and eighty-three, between His treaty o 1 Britauuic Majesty and the United States, that creditors on either side should meet with no lawful impediment to the recovery of *See Notes: "Abrogated, snspenflei; or obsolete treaties.'' GREAT BRITAIN, 1803. 399 the full value ia 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 punct- uality 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 hona fide debts. Aetiole III. It is furthermore agreed and concluded that the Commissioners ap- pointed in pursuance of the seventh article of the said treaty commiaeioiera u»- . of amity, commerce and navigation, and whose proceedings 'i"=i»'™ti"'rticie. 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 chaw m method money by them awarded to be paid to American or British "' "«""=»"■ claimants, according to the provisions of the said seventh article, shall be made payable in three equal instalments, 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 expiration of three years next after the exchange of the ratifications of this convention. Article IY. This convention, 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 the Senate thereof, and the i^i>«':«t.on». 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. SEAL. SEAL.' Hawkbsbtjet. Etiptjs King. 1814. TREATY OP PEACE AND AMITY. Concluded December 24, 1814; Batifications exclmnged at Washington Feb- ruary 17, 1815 ; Proclaimed Febriiary 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 Plenipotentiaries, that is to say : His Britannic Majesty, on his part, has appointed the Eight Honourable 400 TREATIES AND CONVENTIONS. James Lord Gambler, late Admiral of the White, now Admiral of the Eed Squadron of His Majesty's fleet, Henry Goulburn, Esquire, a mem- ber of the Imperial Parliament, and Under Secretary of State, and Will- iam Adams, Esquire, Doctor of Civil Laws ; and the Presi- Nesot,..or.. ^^^^ ^^^^^ Unitcd Statcs, by and with the advice and consent of the Senate thereof, has appointed John Quincy Adams, James A. Bayard, Henry Clay, Jonathan Eussell, and Albert Gallatin, citizens of the United States ; Who, after a reciprocal communication of their respective full powers, have agreed ujion the following articles: Akticle I. There shall be a firm and universal peace between His Britannic Declaration of am- Majcsty aud the Uulted States, and between their respect- ''^- ive countries, territories, cities, towns and people, of every degree, without exception of places or persons. All hostilities, both by sea and land, shall cease as soon as this treaty shall have been ratified by both parties, as hereinafter mentioned. All territory, places and Restoration of ter- posscssious whatsocvcr, tafeeu by either party from the ritory. othcr duriug the war, or which may be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruc- tion or carrying away any of the artillery or other public property originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or any Archives and reo- slavcs Or Other privatc property. And all archives, record^, ords to be restorei ,jeg,jg ajjjj papcTS, cithcr of a public nature or beJ,onging to private persons, which, in the course of the war, may have fallen into the hands of the oflcers of either party, shall be, as far as may be practicable, forthwith restored and delivered to the proper author- ities and persons to whom they respectively belong. Such of the islands in the Bay of Passamaquoddy as are claimed by both parties, shall remain in the possession of the party in whose occupation they may be at the time of the exchange of the ratifications of this treaty, until the decision respecting the title to the said islands shall have been made in conformity with the fourth article of this treaty. No dispo- sition made by this treaty as to such possession of the islands and ter- ritories claimed by both parties shall, in any manner whatever, be con- strued to affect the right of either. Aeticle II. Immediately after the ratifications of this treaty by both parties, as Hostilities to hereinafter mentioned, orders shall be sent to the armies, cease. squadrous, oflcers, subjects and citizens of the two Powers to cease from all hostilities. And to prevent all causes of complaint which might arise on account of the prizes which may be taken at sea after the said ratifications of this treaty, it is reciprocally agreed that all vessels and effects which may be taken after the space of twelve days from the said ratifications, upon all parts of the coast of North America, from the latitude of twenty-three degrees north to the lati- tude of fifty degrees north, and as far eastward in the Atlantic Ocean a,s the thirty-sixth degree of west longitude from the meridian of Green- wich, shall be restored on each side: that the time shall be thirty pri«s taken after days lu all othcr parts of the Atlantic Ocean north of the BieningofibiBtrcatr. equiuoctial line or equator, and the same time for the British and Irish Channels, for the Gulf of Mexico, and all parts of the GREAT -BRITAIN, 1814. 401 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 Cape of Good Hope ; ninety days for every other part of the world south of the equator ; and one hundred and twenty days for aU other parts of the world, without ex ception. 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 ratiflca- ^^^^ ^ ^^^^^ 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 His Britannic Majesty and the United States of America, li-Sby'Se t'lm 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 Fundy and the Atlantic Ocean, excepting such islands as now are, or heretofqj;e 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 seyen 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 be referred to two Commissioners to be appointed in the ■i.^oMm^t or following manner, viz : One Conlmissioner shall be appointed o<"""'is»'™'>'»- 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 the United States respectively. The said Commissioners shall meet at St. Andrews, in the Province of New Brunswick, o"hf comS™ and shall have power to adjourn to 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 event of the two Com- missioners differing upon all or any of the matters so re- ferred to them, or in the event of both or either of the said mJOT'°o°i''^c'omm1a- Commissioners refusing, or declining, or wilfully omitting °'°°"°' to act as such, they shall make, jointly or separately, a report or re- 3769 TR 26 402- TREATIES AND CONVENTIONS. ports, as well to the Government of His Britannic Majesty as to that of the United States, stating in detail the points on which t^ey 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 Reference to . rcport of such othcr Commissloncr, then such sovereign or friendly Power. gtatc shall decldo Bx partd upon the said report alone. And His Britannic Majesty and the Government of the TTnited States en- gage to consider the decision of such friendly sovereign or State to be final and conclusive on all the matters so referred. Aktiole V. Whereas neither that point of the highlands lying due north from commisBiomrB to thc sourco of thc rivcr St. Croix, and designated in the former .ettie boMdjrieB. trcaty of peace between the two Powers as the northwest angle of IJTova Scotia, nor the northwesternmost 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 Kova Scotia, thence along the said highlands which divide 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 nest preced- Meeti and ro- ™^ articlc, uulcss othcrwise specified in the present article. ceediw'iif''comS^ The Said Commissioners shall meet at St. Andrews, in the Province of New Brunswick, and shall have power to ad- journ to such other 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 accorj^ng to the said provisions. The said Commissioners shall make a map of the said boundary, and annex to it a declaration tinder 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 par- ties agree to consider such map and declaration as finally and conclu- case of difference ^^^^^J" fixlug the Said foouudary. And in the event of the said 1 erence. ^^^ Oommissiouers differing, or both or either of them refus- ing, declining, or wilfully omitting to act, such reports, declarations or GREAT BRITAIN, 1814. ,403 statements shall be made by them, or either of them, and such reference 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. Abticle VI. Whereas by the former treaty of peace that portion of the boundary of the United States from the point where the forty -fifth Question as wuie degree of north latitude strikes the river Iroquois or Oata- ^^"{j' j/z/^"^/ raquy to the Lake Superior, was declared to be "along the g4"/f'c°„°^{/? middle of said river into Lake Ontario, through the middle stonera." of said lake, until it strikes the communication by water between that lake and Lake Brie, 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 article. The said Commissioners shall meet, in the first in- J^^'^^^^^ j>«=j™ stance, at Albany, in the State of E"ew York, and shall comm'Sne".. ' have power to adjourn to such other place or places as they shall think fit. The said Commissioners shall, by a report or declaration, under their hands and seals, designate the boundary through the said river, lakes and water communications, and decide to which of the two con- tracting parties the several islands lying within the said rivers, lakes and water communications, do respectively belong, in conformity with the true intent of the said treaty of one thousand seven hundred and eighty-three. And both parties agree to consider such designation and decision as final and conclusive. And in the event of the said two Commissioners differing, or both or either of them refusing, i„a,8=ofdisa8ree- declining or wilfuUy omitting to act, such reports, declara- ™"'- tions or statements shall be made by them, or either of them, and such reference 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 VII. » It is further agreed that the said two last- mentioned Commissioners, after thev shall have executed the duties assigned to them in the preceding article, shall be, and they are hereby, au- nx the bounjarr to thorized upon their oaths impartially to fix and determine, catiM betwe"m "ue according to the true intent of the said treaty of peace of superior, S" t ITe ,,■ -. I -IT T . T j_ j_i XT j_ i_ /» Lake of the Woods. one thousand seven hundred and eighty -three, that part of the boundary between the dominions of the two Powers which extends from the water communication between Lake Huron and Lake Superior, to the 'most northwestern point of the Lake of the Woods, to decide to wh,ich of the two parties the several islands lying in the lakes, water communications and rivers, forming, the said boundary, do respectively belong, in conformity with the true intent of the said treaty of peace of 404 TREATIES AND CONVENTIONS. one thousand seven hundred and eighty- three ; and to cause such parts of the said boundary as require it to be surveyed and marked. The said Commissioners shall, by a report or declaration under their_^hands and seals, designate the boundary aforesaid, state their decision on the points thus referred to them, and particularize the latitude and longi- tude of the most northwestern point of the Lake of the Woods, and of such other parts of the said boundary as they may deem proper. And both parties agree to consider such designation an^ decision as final Case of disagres- ^ud conclusivc. Aud lu thc event of the said two Commis- ™°'- sioners differing, or both or either of them refusing, declin- ing or wilfully omitting to act, such reports, declarations or statements shall be made by them, or either of them, and such, reference 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. Aeticle VIII. r The several boards of two Commissioners mentioned in the four pre- ceding articles shall respectively have power to appoint a The board of Com- ciT -ij. it j.i may ap- Secrctary, and to employ such surveyors or other persons as misBioners ma: and employ euney"- thcy shall judgc ncccssary. Duplicates of all their respect- ive reports, declarations, statements and decisions and of their accounts, and of the journal of their proceedings, shall be deMv- ered by them to the agents of His Britannic Majesty and to the agents of the United States, who may be respectively appointed and author- ized to manage the business on behalf of their respective Governments. compensatioiu ^hc Said Commlssioners shall be respectively paid in such manner as shall be agreed between the two contracting par- ties, such agreement being to be settled at the time of the exchange of the ratifications of this treaty. And all other expenses attending the said Commissions shall be defrayed equally by the two parties. And in the case of death, sickness, resignation 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 Commis- sioner shall take the same oath or affirmation, and do the same duties. It is further agreed between the two contracting parties, that rants of land . r to tbe com- lu casc auy of the islands mentioned in any of the preceding mencement of the ,• i i»i • i-% • /» /t.i l* warnottobeioTaii- articlcs, which wcrc m the possession of 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 Hoatiiitie. with after the ratification of the present treaty, to hostilities with Indiana to <:ea,e, ^^ ^jjg tiibcs Or uations of ludlaus with whom they may be at war at the time of such ratification ; and forthwith to restore to sijch tribes or nations, respectively, all the possessions, rights and privileges which they may have enjoyed or been entitled to in one thousand eight GKEAT BRITAIN, -1814. 405 huudred and eleven, previous to such hostilities : Provided always that such tribes or nations shall agree to desist from all hostilities against tlie TJnited States of America, their citizens and subjects, upon the ratifl- catioiiof 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 ho 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 irreconcilable with the principles of humanity and justice, and whereas both His Majesty and Abowion or the the TJnited States are desirous of continuing their efforts to «'"° "»''»■ promote its entire abolition, it is hereby agreed that both the contract- ing parties shall use their best endeavors to accomplish so desirable an object. Article XI. This treaty, when the same shall have been ratified on both sides, without alteration by either of the contracting parties, and the ratifications mutually exchanged, shall be binding on both parties, and the 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. SEAL.' SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. Gambiee. Henkt Goulburn. William Adams. John Quincy Adams. J. A. Bataed. H. Olat. jona. eussell. Albert Gallatin. declaration of the commissioners under the fourth article of the treaty of ghent. november 24, 1817. New Tore, Novemher 24, 1817. Sir : The undersigned Commissioners, appointed by virtue of the fourth article of the treaty of Ghent, have attended to the duties assigned them ; and have decided that Moose Island, Dudley Island, and Fred- erick Island, in the Bay of Passamaquoddy, 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 Passamaquoddy, and the Island 406 TREATIES AND COKVENTIONS. 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 arti- cle of the treaty of peace of one thousand seven hundred and eighty- three. The Commissioners have the honor to enclose herewith their decision. 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 G-hent, is said to be part of the Bay of Pundy, 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. Barclay. The Hon. John Qtjinct 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 and amity between His Britannic Majesty and the United States of America, con- cluded at Ghent on the twenty-fourth day of December, one thousand eight hundred" and fourteen to decide to which of the two contracting parties to the said treaty the several islands in the Bay of Passama- quoddy, which is part of the Bay of Pundy, and the Island of Grand Menan, in the said Bay of Piindy, do respectively belong, in conformity with the true intent of the second article of the treaty of peacfe 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, Mo„..i,iand. p^^igy isiaud, and Prederick Island, in the Bay of Passa- maquoddy, which is part of the Bay of Pundy, do, and each of them does, belong to the United States of America; and we haire also de- cided, and do decide, that all the other islands, and each other island.. ^^^ evBTy of thcm, in the said Bay of Passamaquoddy, which is part of the Bay of Pundy, and the Island of Grand Menan, in the said Bay of Pundy, 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 N'ew 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. [SEAL.] John Holmes, SEAL.] Tho. Bauclay. Witness : James T. Austin, Agt. U. S. A. Anth: Barclay, Se(^y. GREAT BRITAIN, 1814. 407 DECISION OF THE COMMISSIONERS UNDER THE SIXTH ARTICLE OP THE TREATY OF GHENT. DONE AT UTICA, IN THE STATE OF NEW YORK, 18th JUNE, 1822. "The undersigned Commissioners, appointed, sworn and authorized, in virtue of the sixth article of the treaty of peace and amity Boundary o( unit- between His Britannic Majesty and the United States of "^ ^'^'"■ America, concluded at Ghent, on 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 4:5th 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 Brie ; 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, 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 conform- ity with the true intent of the treaty of 1783 : " Do decide and declare, that the following described line, (which is more clearly indicated on a series of maps accompanying this report, exhibiting correct surveys and delineations of all the rivers, lakes, water communications and islands, embraced 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 BUicott, Esquire, in the year of our Lord one thousand eight hundred and Beginning of seventeen, on the south bank, or shore, of the said river i""""*»'y- 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 fromi the stone church in the Indian village of St. Eegis, 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, turn- ing 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 northerly, 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 island, to the channel called the Long Sault, which separates the two last mentioned 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 north shore of the I^ower Sault Island; thence up the north branch 408 TREATIES AND CONVENTIONS. of the river, keeping to the north ot^ 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 Oats, to the middle of the river above; thence along the middle of the river, keeping to the north of the small islands marked G 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 F, and also of the island called Dry or Smuggler's Island ; thence passing between the islands marked G- and H, to the north of the island called Isle au Eapid Plat; thence along the north side of the last-mentioned island, keeping one hundred 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 Oousson (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 Islamds; and south of, and near, the Gallop Isles, numbered 11, 12, and 13, and also of Duck, Drummond, 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 Eowe'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 Eiver; 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 iSavj 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, Sijuaw, and Bird Islands, to Lake Erie; thence soutkerly and westerly, along the middle of Lake Brie, in a direction to enter the passage immediately south of Middle Island, being one of the easternmost of the group of islands lying in the GKEA.T BRITAIN, 1814. 409 western part of said lake; thence along 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 Eiver, in a direction to enter the channel which divides Bois-Blanc and Sugar Islands; thence up the said channel to the west of Bois-Bl anc 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, to the upper end of the last-mentioned island, which is nearly opposite to Point aux.Chenes, on the ^ merican shore; thence along the middle of the river St. Clair, keeping to the west of, and near, the islands called Belle Eiviere 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 enter the passage between the Island of St. Joseph's and the American shore, passing to the north of the interme- diate islands Ko. 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, untd 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 6f June, in the year of our Lord one thousand eight hundred and twenty-two. SEAL.] PETEE B. POETEE. SEAL.] . AnTH:BAEOLAT. 410 TREATIES AND CONVENTIONS. 1815. CONVENTION TO EEGULATE COMMEECE AND NAVIGATION. Concluded July 3, 1815 ; Ratifications exchanged at Washington December 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 PJenipotentiaries, and given them full powers 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, citi- Nejofatore. ^^^^ ^^. ^^^ (jnitcd Statcs J and His Eoyal Highness the Prince Eegent, acting in the name and on the behalf of His Majesty, has named for his Plenipotentiaries the Eight Honourable Frederick John Eobinson, Vice-President of the Committee of Privy Council for Trade and Plantations, Joint Paymaster of His Majesty's Forces, and a member of the Imperial Parliament, Henry Goulburn, Esquire, a member of the Imperial Parliament, and Under Secretary of State, and William Adams, Esquire, Doctor of Civil Laws ; And the said Plenipotentiaries, having mutually produced and shown their said full powers, and exchanged copies of the same, have agreed on and concluded the following articles, vide licet: Aktiole I. There shall be between the territories of the United States of Amer- ica, and all the territories of His Britannick Majesty in me're/and'naTi™"- Buropc, a rcclprocal liberty of commerce. The inhabitants of the two countries, respectively, shall have liberty freely and securely 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 the 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 shaU be imposed on the importation into diBcr.mmati„ ^^^ Uuitcd Statcs of auy artlclcs the growth, produce or vasen.- duues'on^SpJrtf ufacturc of His Britannick Majesty's territories in Europe, ar.d export.. ^^^ ^^ highcr 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 GEEAT BRITAIN, 1815, 411 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 ^o discrimimtinj duties on vesBels. payable iu the same ports by vessels of the United States; 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 Duue, „„ j„d„<^ of His Britannick Majesty's territories in Europe, whether "o"- such importation shall be iu 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 manu- ^ ^^^.^ ofduUeB. factnre of His Britannick Majesty's territories in Europe to ^'""''"^° 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 States. It is further agreed that in all cases where drawbacks are or may be allowed upon the re-exportation of any goods the ,_ _■*- ri , n • ,1 1 I Drawbacks tae aame. growth, produce or manufacture of either country, respect- ively, the amount of the said drawbacks shall be the sanje, whether the 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 na- tion, the two contracting parties reserve to themselves, respectively, the right of regulating or diminishing, in such case, the amount of the said drawback. The intercourse between the United States and his Britannick Maj- esty's possessions in the West Indies, and on the continent of 13"orth America^ shall not be affected by any of the pro- ,„?S"hw==riS visions of this article, but each party shall remain in the f^riS^S^^?,'; complete possession of its rights, with respect to such an '""''""■ intercourse. Akticle III. His Britannick Majesty agrees that the vessels of the United States of America shall be admitted and hospitably received at Tmde with cai. the principal settlements of the British dominions in the '"""■""'it- East Indies, vide licit: Calcutta, Madras, Bombay, and Prince of Wales' Island; and that the citizens of the said United States may freely carry on trade between the said principal settlements and the said United States, in all articles of which the importation and exportation, respect- 412 TREATIES AND CONVENTIONS. ively, to and 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 State or Power whatever, to export from the said territories, without the special permission of the British Groveriiment, any military stores, or naval stores, or rice. The citizens of the United States shall pay for their vessels, when admitted, no higher or other duty or charge than shall be payable on the vessels of the most favor'd European nations, and they shall pay no higher or other duties or charges on the importation or exportation of the car- goes of the said vessels than shall be payable on the same articles when imported or exported in the vessels of the most favored European nations. But it is expressly agreed that the vessels of the United States shall Articles mnst be ^ot Carry auy articles from the said principal settlements to uSSaS Tndbe ^Dy port Or place, except, to some port or place in the United unladen. Statcs of Amcrica, where the same shall be unladen. It is also understood that the permission granted by this article is not to extend to allow the vessels of the United States to the BriiS E°aBti" Carry on any part of the coasting trade of the said British territories; but the vessels of the United States having, in the first instance, proceeded to one of the said principal settlements of the British Dominions in the East Indies, and then going with their original cargoes, or part thereof, from one of the said principal settle- ments to another, shall not be considered as carrying on the coasting At what places tradc. Tiid vcsscls of the United States may also touch for m'a"y "Sh' tor" V^ refreshment, but not for commerce, in the course of their voy- freshment. g^gg ^q qj. from tho 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,* or such other places as may be in the posses- sion of Great Britain, in the African or Indian seas; it being well un- derstood that in all that regards this article the citizens of the United States shall be subject, in all respects, to the laws and regulations of the British Government from time to time established. Aeticle 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 doHunions 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; aiid it is hereby declared that, in case of illegal or improper conduct towards the laws or Government of the country to which he is sent, 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- particninr places cBpt from the resldcuce of Consuls such particular places ST™eofc"nsn?s! ss such party shall judge fit to be so excepted. Aetiolb Y. This convention, when the same shall have been duly ratified by the pnration of Con- Presidcnt of thc Uuitcd States, by and with the advice and TCntion. . consent of their Senate, and by His Britannick Majesty, and the respective ratifications mutually exchauged, shall be binding and * See "Declaration" at tlie end of this convention. GREAT BRITAIN, 1815. 413 obligatory on the said United States and His Majesty for four years from the date of its signature;* and the ratifications shall RMincatio^s. be exchanged in six months from this time, or sooner if pos- sible. Done at London this third day of July, in the year of our Lord one thousand eight hundred and fifteen. SEAi. SEAL. SEAL. SEAL.' SEAL.' SEAL. John Qtjincy Adams. H. Olat. Albert Gallatin. Pkedeeiok John Eobinson. Henry Goulbukn. William Adams. DECLARATION. The undersigned, His Britannick Majesty's Charg6 d' Affaires in the United States of America, is commanded by His Eoyal High- Declaration reu- ness the Prince Eegent, acting in the name and on the be- '"-st^st-Heiena. 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 expedieit, 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 and vessels whatever, as well British ships and vessels as others, ex- tii^""r'tb/TaS cepting only ships belonging to the East India Company, ^'^''7™"" "" shall be excluded from all communication with, or approach to, that island. It has therefore become impossible to comply with so much of the tliird article of the treaty as relates to the liberty of touching for re- freshment at the island of Sb. 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 shall continue to be the place of residence of the said Napoleon Bonaparte.t Anthony St. Jno. Baker. Washington, Wovember 24, 1815. India Company, ex- cluded from ap- proaching the island. ARRANGEMENT AS TO THE NAVAL FORCE TO BE RESPECTIVELY MAIN- TAINED ON THE AMERICAN LAKES. Mr. Bagot to Mr. Bush. Washington, Ajpril 28th, 1817. The undersigned, His Britannick Majesty's Envoy Extraordinary and Minister Plenipotentiary, has the honour to acquaint Mr. Eush, that *Contmnerl for ten years by the fourth article of the convention of 20th October, 1818, and indefinitely extended by convention of August 6, 1827. tin consequence of the death of Napoleon Bonaparte, the British Government noti- fied the Minister of the United States at London of the cessation of this restriction, on the 30th July, 1821. 414 TREATIES AND CONVENTIONS. having laid before His Majesty's Government the correspondence which Proclamation of passcd last jestT betwcBn the Secretary of the Department un^eFsutf/lS of state and the undersigned upon the subject of a proposal 2s, 1818. ' ^Q reduce the Naval Force of the respective countries upon the American Lakes, he has received the commands of His Eoyal High- ness the Prince Eegent to acquaint the Government of the United States, that His Eoyal Highness is willing to acceed to the proposition made to the undersigned by the Secretary of the Department of State in his note of the 2d of August last. His Eoyal Highness acting in the name and on the behalf of His Majesty, agrees, that the Naval force to be maintained upon the American Lakes by His Majesty and the Government of the United States shall henceforth be confined to the following vessels on each side. That is On Lake Ontario to one vessel not exeeding 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 Champlain to one vessel not exceeding like burthen and armed with like force. And His Eoyal Highness agrees that all other armed vessels on these Lakes shall be forthwith dismantled, and that no other vessels of war shall be there built or armed. His Eoyal Highness further agrees that if either Party should here- after be desirous of annulling this stipulation and should coSe''oi"S"momh»' givc uotlcB to that effect to the other Party, it shall cease to be binding after the expiration of six months from the date of such notice. The undersigned has it in command from His Eoyal Highness the Prince Eegent to acquaint the American Government, that His Eoyal Highness has issued orders to His Majesty's officers on the lakes direct- ing that the Naval force so to be limited shall be restricted to such services as will in no respec-fc interfere with the proper duties of the armed vessels of the other Party. The undersigned has the honour to renew to Mr. Eush the assurances of his highest consideration. Charles Bagot, Mr. Rush to Mr. Bagot. DEPAETjyrENT OP State April 29th 1817 The undersigned acting Secretary of State has the honor to acknowl- edge the receipt of Mr. Bagot's note of the 28th of this month, informing him that, having laid before the Government of His Britannick Majesty, the correspondence which passed last year between the Secretary of State and himself upon the subject of a proposal to reduce the naval force of the two countries upon the American Lakes, he had received the commands of His Eoyal Highness The Prince Eegent to inform this Government that His Eoyal Highness was willing to accede to the proposition made by the Secretary of State in his note of the second of August last. The undersigned has the honor to express to Mr. Bagot the satisfac- tion which the President feels at His Eoyal Highness The Prince Ee- gent's having acceded to the proposition of this Government as con- tained in the note alluded to. And in further answer to Mr, Bagot's note, GREAT -BRITAIN,- 181 8. 415 the undersigned by direction of the President, has the honor to state, that this Government, cherishing the same sentiments expressed in the note of the second of August, agrees, that the naval force to be main- tained upon the Lakes of the IJhited States and Great Britain shall henceforth, be confined to the following vessels on each side — that is : On Lake Ontario to one vessel not exceeding One Hundred Tons burden and armed with an eighteen pound cannon. On the Upper Lakes to two vessels not exceeding the like burden each, and armed with like force, and on the waters of Lake Champlain to one vessel not exceeding like burden and armed with like force. And it agrees that all other armed vessels on these Lakes, shall be forthwith dismantled, and that no other vessels of war shall be there built or armed. And it further agrees, that if either party should here- after be desirous of annulling this stipulation and should give notice to that effect to the other party, it shall cease to be binding after the ex- piration of six months from the date of such notice. The undersigned is also directed by The President to state, that proper orders will be forthwith issued by this Government to restrict the naval force thus limited to such services as will in no respect interfere with the proper duties of the armed vessels of the other party. The undersigned eagerly avails himself of this opportunity to tender to Mr. Bagot the assurances of his distinguished consideration and respect. ElOHAKD EXJSH. 1818. CONVENTION RESPECTING FISHERIES, BOUNDARY, AND EESTOEATION OF SLAVES. Goncluded October 20, 1818; Ratifications exchanged at Washington Jan- uary, 30, 1819; Proclaimed 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 appomted, Albert Gallatin, their Envoy Extraordinary and Minister Plenipo- tentiary to the Court of France; and Richard ilush, their J"s'>"»to" Envoy Extraordinary and Minister Plenipotentiary to the Court of His Britannic Majesty: — and His Majesty has appointed the llight Honor- able Frederick John Eobinson, 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 Secretarys of State: — Who, after having exchanged their respective full powers, found to be in due and proper form, have agreed to and concluded the following articles. Akticle I. Whereas differences have arisen respecting the liberty claimed by the United States for the inhabitants thereof, to take, dry, and cure fish on certain coasts, bays, harbours, and creeks of His e«ent°of°?h°'^com° Britannic Majesty's dominions in America, it is agreed be- "'°" "«" "'' ^''""■■ tween thehigh contracting parties, that the inhabitants of the said United 416 TEEATIES AND CONVENTIONS. States shall have forever, ia 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 l-Tewfoundland which extends from Cape Eay to the Eameau Islands, on the western and northern coast of Newfoundland, from the said Gape Eay to the Quirpon 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- Had.onBaycom. out prejudlcc howcvcr, to any of the exclusive rights of the pauy. 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 KeniindMion by rcuouuce forcvcr, any liberty heretofore enjoyed or claimed S'd?rtim''ofKsh- by the inhabitants thereof, to take, dry, or cure fish on, or tries. 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 harbours for the purpose of shelter and of repairing damages therein, of purchas- ing wood, and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to pre- vent their taking, drying or curing fish therein, or in any other manner whatever abusing the privileges hereby reserved to them. Aeticle II. It is agreed that a line drawn from the most northwestern point of the DeiiDition of the Lakc of thc Woods, along the forty-ninth parallel of north Khfumted'st'iS latitude, or, if the said point shall not be in the forty-ninth wo"dS°M tSsMny parallel of north latitude, then that a line drawn from the Muuntnins. gg^jfj polut duB north or south as the case may be, until 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 Country claimed tho northwcst coast of America, westward of the Stony »srd"'of''t"ii^''s"t^ny Mountains, shall, together with its harbours, bays, and Monntains. crccks, aud the navigation of all rivers within the same, be free and open, for the term of ten years from the date of the signature of the present convention, to the vessels, citizens, aud 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 GREAT BRITAIN, 1818. 417 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- conrenUonofLon- tannio Majesty" concluded at London on the third day of 00°^^^"^; 'w*^ July in the year of our Lord one thousand eight hundred ""■"• 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 Krferen™ to n m , 1 1 /* II 11 1* ji I'l article 01 trsaty ot either party from the other during the war, or which may Ghent rei»tir» t? be taken after the signing of this treaty, excepting only the JS?"'"'"" 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 which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves or other private property;" and whereas under the aforesaid article the United States claim for their citi- ciaim ror Biares zens, and as their private property, the restitution of, or °°''thV''tr'lat?"'i1 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, by the true intent and meaning of the aforesaid article of the infiuroFth'e S" 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 panic's further engage to consider the decision of such friendly sovereign or State, to be final and conclusive on all the matters referred. Article VL This convention, when the same shall have been duly ratified by the President of the United States, by and with the advice and consent of their Senate, and by His Britannic Majesty, and K""'"-""-- the respective ratifications mutually exchanged, shall be binding and obligatory on the said United States and on His Majesty; and the rati- fications shall be exchanged in six months from this date, or sooner, if possible. 3769 TR 27 418 TKEATIES-AND CONVENTIONS. 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. SEAX,. SEAL.' SEAL." [SEAL.' Aebekt Gallatin. ElCHAKD StrsH. Feedeeick John Eobinson. Heni^t Goxjlbxten. 1822. . convention for indemnity undee awaed op empeeoe of eussia AS TO TETJE CONSTEUCTION OF FIRST ARTICLE OF TREATY OF DE. CEMBER 24, 1814. * Concluded j^^l822; Batifications exchanged at Washington January 10^ ' 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 Majesty the King of the United Kingdom of Great Britain and ^■^^.^^"theEmp^ Ireland, having agreed, in pursuance of the fifth article of the convention concluded at London on the 20th day of October, 1818, to refer the differences which had arisen between the two Governments, upon the true construction and meaning of the first arti- cle of the treaty of peace and amity concluded at Ghent on the 24th day of December, 1814, to the friendly arbitration of His Majesty the Emperor of all the Eussias, mutually engaging to consider his decision Award to be con- ^s fiual and conclusivc. And his said Imperial Majesty sideredfinaL havlng, aftcr 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 stales en- Britain a just indemnification for all private property which eatfon 'for'°Mrtata ^^^ Brltlsh forccs may have carried away; and, as the ques- .laves. ^iojj relates to slaves more especially, for all the slaves that the British 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 G^ent has not stipulated the restitution to the United States, the United NoindemniBcation Statcs avQ uot cntltlcd to clalm an indemnification for the for certain slaves. g^j^ SlaVCS." 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 GREAT BRITAIN,- 1822. 419 the citizens of tlie 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- stituted and appointed Charles Eobert OountNesselrode, His ^^^^^ „,i-^u„. 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, of Charles III of Spain, of St. Ferdinand and of Merit of IJTaples, of the Annunciation 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. Constantino of Parma, and of Guelph of Hannovre; and John Count Capodistrias, His Imperial Majesty's Privy Counsellor, and Secretary 6f State, 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 Honour of France, of Charles III 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 Eepublic of Geneva, as his Plenipotentiaries to treat, adjust, and conclude such articles of agreement as may tend to the attainment of the above-men- tioned end, with the Plenipotentiaries of the United States and of His Britannic Majesty, that is to say: On the part of the President of the United States, with the advice and consent of the Senate thereof, Henry Middle ton, a citizen Ne, „ t i . t o r . »» of the said United States, and their Envoy Extraordinary gSJ'' J5;| "^i^'/t and Minister Plenipotentiary to His Majesty the Emperor ''"'''°- of all the Eussias; and on the part of His Majesty the King of the United Kingdom of Great Britain and Ireland, the Eight Honorable Sir Charles Bagot, one of His Majesty's most Honorable 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 Plenipotentaries, after a reciprocal communication of their respective full powers, found in good and due form, have agreed upon the following articles: 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 commSSr.Se Commissioners and two Arbitrators shall be appointed in the ™°'°'°''- 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. 420 TEEATIES AND CONVENTIONS, 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 Oath or affirmation, ^g^^gjj^ ^^^ jjjjjy attcsted, shall bo ontercd 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 ^ day of ^sl; one thousand eight hundred and twenty-two, between His Majesty' the Emperor of aU the Eussias, 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." AU vacancies occuring by death or otherwise shall be filled up in the Ho,7 vacancies are manner of tho Original appointment, and the new Commis- to be filled. sioners or Arbitrators shall take the same oath or affirma- tion, and perform the same duties. Aeticle 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 Average value, avcragc valuc, to bo allowed as compensation for each slave for whom indemnification may be due ; then, and 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 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 inceeofdiBagree- A^ the averagc value. But in case that the majority of the """*■ board 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 theMinister or other Agent of the medi- ating 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 conclusive. 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. Aetiolb III. When the average value of slaves shall have been ascertained and commiBsionere to fixcd, thc two Commissioncrs shall constitute a board for the to'th^examinatfon esaminatlon of the claims which are to be submitted to of claims. them, and they shall notify to the Secretary of State of the United States that they are ready to receive a definite list of the slaves and other private property for which the citizens of the United States claim idemnification ; it being understood and hereby agreed that the commission 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 GREAT -BRITAIN, 1829, 421 contained in the said list. - And his Britannic Majesty hereby engages to cause to be produced before the commission, as material towards as- certaining facts, all the evidence of which his Majesty's ^^.^^__^^ ^^ ^^^ Government may be in possession, by returns from His numberorstoe.Mr. Majesty's officers or otherwise, of the number of slaves ?uced°by°G°r6at carried away. But the evidence so produced, or its defect- iveness, shall not go in bar of any claim or claims which shall be other- wise satisfactorily authenticated. Article IV. The two Commissioners are hereby empowered and required to go into an examination of all the claims submitted, thro' the Exammations ana 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 afftrmation, all such persons as shall come before them touching the real number of the slaves, or value of other property, for which idemnification is claimed ; and, also, to receive in evidence, according as they may think consistent with equity and justice, written depositions or papers, such depositions or papers being duly authenticated, either according to ex- isting legal forms, or in such other manner as the said Commissioners shall see cause to require or allow. AUTICLE V. In the event of the two Commissioners not agreeing in any particular case under examination, or of their disagreement upon any ifthecommMon- question which may result from the stipulations of this con- "«='"'" """agree. 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 matter contested, shall consult with the Commissioners j and a final de- cision shall be given, conformably to the opinion of the majority of the two Commissioners and of the Arbitrator so drawn by lot. And the Ar- bitrator, when so acting with the two Commissioners, shall be bound in all respects by the rules of proceeding enjoined by the lYth 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 cases be Decision to b« 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 cause the sum awarded to each and every owner in lieu of 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 ex- change of the ratifications of this convention. 422 TREATIES AND CONVENTIONS. AETICLE VII. It is farther agreed that the Commissioners and Arbitrators shall be Pay of commis- respectivelj paid in such manner as shall be settled between .ionere. ^jjg Govemments 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 IJnited States and His Britannic Majesty, the same being previously ascertained and allowed by the majority of the board. Abticle VIII. A certified copy of this convention when duly ratified by His Majesty Certified o *^® Emperor of all the Eussias, by the Presiden t of the United thi/ conveS' °o States, by and with the advice and consent of their Senate, of th'r'JonMMmg 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 ratifi cations shall h ave 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 convention, drawn up in two languages, and have hereunto aflxed their seals. Done in triplicate at St. Petersburg, this t»^ day of ^ one thousand eight hundred and twenty-two. rSEAL," SEAL. SEAL. SEAL. Nesseleode. Capodisteias. Henet Mlddleton. Chaelbs Bagot. , , Count Nesselrode to Mr. Middleton. [Translation.! The luxdersigned, Secretary of State, directing tlie Imperial Administration of For- eign Affairs, has tlie honor to communicate to Mr. Middleton, Envoy Extraordinary 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 diflfer- ences which have arisen between the United States and Great Britain, relative to the interpretation of the first article of the treaty of Grhent. -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 l)e fofinded. The same declaration being made in the note of the British Plenipotentiary dated 8th (20th) October, 1S21, 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 themotivesupon 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 'dij6fererice» aEEAT BRITAIN, 1821 423 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 as- surances of his most distinguished consideration. NESSELEODE. St. Pbtbrsbueg, 22d April, 1822. HIS IMPERIAL MAJESTY'S AWARD. [Translation.] Invited by the United States of America and by Great Britain to give an opinion, as Arbitrator, in the differences Trhich have arisen between these two Powers, on the subject 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 is wpan the eonsiruotion 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 ifirst 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 Ibllows : "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 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 captwed 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." I 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 can 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 restitution , only the pub- lie property whAoh might have ieeti originally captured there, and which should remain therein upon the exchange of the ratifi^aUons, 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 j ust indemnification, from Great Britain, for all private property carried away by the British forces; and as the ques- tion 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 stipulated by the treaty, in quitting the said places and territories ; "Tliat 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 hoard 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." 424 TREATIES AND CONVENTIONS. 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 whoh they have de- manded. Done at St. Petersburg aSd Api J, 1822. B. Count Neaaelrode to Mr. Middleton. [Translation.] The undersigned. Secretary of State, directing the Imperial Administration of For- eign Affairs, has, without delay jlaid before the Emperor, his master, the explanations into which the Ambassador of Hia 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 upon 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 bound to indemnify the United States for any slaves who, coming from places which have never been occupied by his troops, vpluntarily^ joined the British forces, either in consequence of the encouragement which His Majesty's officers had offered them, or to free 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." 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 /rom the text of the ariiele 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, Americ&n 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 ohservation, 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 confidence 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 occasion of repeating to Mr. Middleton the assurance of his most distinguished consideration. NESSELEODE. St. Petersburg, S3d April, 1822. 1826, CONVENTION RELATIVE TO INDEMNITY UNDER CONVENTION OF JULY 12, 1823. Concluded November 13, 1826; BatificaUons exchanged at London Febru- ary 6, 1827; Proclaimed March 19, 1827. Difficulties Laving arisen in the execution of the convention concluded at St. Petersburgh on the twelfth day of J uly, 1822, under the media- tion of His Majesty the Emperor of all the Eussias, between the United GREAT BRITAIN, 1826. . 425 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, Ijave 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 Plenipo- ^^ ^^.^^^^ tentiary to His Britannick Majesty ; and His Majesty the King of the United Kingdom of Great Britain and Ireland, the Eight 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 Planta- tions, and Treasurer of his said Majesty's Navy, and Henry Unwin Ad- dington. Esquire, late His Majesty's Oharg6 d'Affaires to the United States of America ; Who, after having communicated to each other their respective lull powers, found to be in due and proper form, have agreed upon and con- cluded the following articles : Article I. . His Majesty the King of the United Kingdom of Great Britain and Ireland agrees to pay, and the United States of America sum to be paid br agree to receive, for the use of the persons entitled to indem- '^'■=" ^"'*'°- 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 ^ ,^ „„„iiei except thte 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 when and where persons as shall be duly authorized, on the part of the United '"'=""°- 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. 426 • TREATIES AND CONVENTIONS. Article IV. The above sums being taken as a full and final liquidation of all claims ^^ . whatsoever arising under the said decision and convention, riiUof°ii°;Sadm8°uli° both the final adjustment of those claims, and the distribu- derth.oon,Bnt,o„. ^.^^ ^^ ^^^ ^^^^ ^^ ^^^.^ ^^ ^^^^^ Britain to thc Fulted States, shall be made in such manner as the United States alone shall determine ; and the Government of Great Britain shall have no further concerh or liability therein. Article V. It is agreed that from the date of the exchange of the ratifications of Papers of the com thc presBut convcntion, the joint commission appointed mission. 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, which he may have received from his Government for the use of the said commission, conformably to the stipulations contained in the third article of the said convention. Article VI. The present convention shall be ratified, and the ratifications shall be exchanged in London, in six months frbm this date, or sooner if possible. In witness whereof the Plenipotentiaries aforesaid, by virtue of their respective full powers, have signed the same, and have aflSxed 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. SEAL. SEAL. SEAL. Albert. Gallatin. William Htjseisson. Henry TJnwin Addington. 1827. CONVENTION RELATIVE TO TERRITORY ON NORTHWEST COAST WEST OP THE ROCKY MOUNTAINS, CONTINUING IN FORCE THE THIRD AR- TICLE OF THE CONVENTION OF OCTOBER 20, 1818. Concluded August 6, 1827; ratifications exchanged at London 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 equally desirous to prevent, as far as possible, all hazard of misunderstanding between the two nations, with respect to the territory on the northwest coast of GREAT BEITAIN, 1827. • 427 America, west of the Stoney or Eocky Mountains, after the expiration of the third article of the convention concluded between 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 territory, have re- spectively 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 Envoy Extraordinary and Minister Plenipotentiary to His ^^ ^^.^^^^^ Britannick Majesty; and His Majesty the King of the United Kingdom of Great Britain and Ireland, the Eight Honourable Charles Grant, a member of his said Majesty's Most Honourable 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, found 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 between the United States of America and His Majesty the ^.^^ ^^.^^^ King of the United Kingdom of Great; Britain. and Ireland conymtiororzoth on the twentieth of October, 1818, shall be, and they are °°'° "' hereby, further indefinitely extended and continued in force, in the same manner as if all the provisions of the said article were herein specific- ally recited. Article II. It shall be competent, however, to either of the contracting parties, in case either should think flfc, at any time after the twen- convention may tieth of October, 1828, on giving due notice of twelve months ^' ^--^'i^^- to the other contracting party, to annul and abrogate this convention: and it shall, in such case, he accordingly entirely annulled and abrogated, after 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- „ . , . ,, n.rt ,TiT , -I,.- • Certain claimB not tinned m force, shall be construed to impair, or m any man- to be affected by thi. ner affect, the claims which either of the contracting parties "°"''' 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 ratiflca- HatiJcationn. tions shall be exchanged in nine months, or sooner if possible. In witness whereof, the respective Plenipotentiaries have signed the same, and have afQxed 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. SEAL. SEAL. SEAL. Albert Gallatin. Cha. Grant. Henry Unwin Addington. 428 TREATIES AKD CONVENTIONS. 1827. CONVENTION CONTINUING IN FORCE FOR TEN YEARS THE CONVEN- TION REGULATING COMMERCE OP JULY 3, 1815. Concluded August 6, 1827 j ratifications exchanged at London 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 desirous of con- tinuing in force the existing commercial regulations 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 ar- ticle 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 Nesotiators. Britaunick Majesty; and His Majesty the King of the United Kingdom of Great Britain and Ireland, the Eight Honourable Charles Grant, a member of His said Majesty's Most Honourable Privy Council, a member of Parliament, and Vice-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 powersj found to be in due and proper form, have agreed upon and con- cluded the following articles : Article I. All the provisions of the convention concluded between the United States of America and His Majesty the King of the United ve'SS''Sr July™; Kingdom of Great Britain and Ireland, on the third of July, tee. °°°""°"' '° 1815, and further continued 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 con- tinued in force, from the date of the expiration of the said ten years, in the sajne manner as if all the provisions of the said convention of the third of July, 1815, were herein specifically recited. Article II. It shall be competent, however, to either of the contracting parties, in case either should think fit, at any time after the expira- be*?n?uU8d!" °'"' tion of the said ten years, that is, after the twentieth of Oc- tober, 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 III. The present convention shall be ratified, and the ratifica- Ba4Uicatioi.B. tious shall be exchanged in nine months, or sooner if possi- ble. GREAT BEITAIN, 1827. 42^ In witness whereof, the respective Plenipotentiaries have isigned the same, and have affixed thereto the seals of their arms. Done at London the sixth day of August, in the year of our Lordone thousand eight hundred and twenty-seven. SEAL. SEAL. SEAL. Albert Gallatin. Cha. Grant. Henry Unwin Addington. 1827.* CONVENTION PROVIDING FOE THE SUBMISSION TO ARBITRATION THE DISPUTE CONCERNING THE N6ETHEASTERN BOUNDARY. Concluded September 29, 1827 ; ratifications exchanged at London April 2, 1828; proclaimed May 15, 1828. Whereas it is provided by the fifth article of the treaty of Ghent, that, in case the Commissioners appointed under that article, for the settlement of the boundary line therein described, should not be able to agree upon such boundary line, the report or reports of those Commis- sioners, stating the points on which they had differed, should be sub- mitted to some friendly Sovereign or State, and that the decision given by such Sovereign or State, on such points of difference, should be con- sidered by the contracting parties as final and conclusive: That case having now arisen, and it having, therefore, become expedient to pro- ceed 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 Plenipoten- tiaries, that is to say : The President of the IJnited States has appointed Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiary at Ne«otiator3. the Court of His Britannick Majesty ; and His said Majesty, on his part, has appointed the Eight Honourable Charles Grant, a member of Par- liament, 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 TJnwin Addington, Esquire ; Who, after having exchanged their respective full powers, found to be in due and proper form, have agreed 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 „efere™e or air- British dominions, as described in the 5th article of the '""^"■ 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, tjo 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. * See Notes : "Abrogated, suspended, or obsolete treaties." 430 TREATIES AND CONVENTIONS. Article II. The reports and documents, thereunto annexed, of the Commissioners statemeat of the appoiuted to carrj into execution the 5th article of the respective cases, trcatj of Ghcut, bciug b6 voluminous and complicated as 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 Charg6 d' Affaires at Washington, and by Great Britain to the Minister or Charg6 d'Affaires of the United States at London, within fifteen months after the exchange of the roitifications 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. Akticlb III. Each of the Contracting parties shall, within nine months after the Evidence intended exchaugeof ratificatious of this convention, communicate to to be offered. ^j,g othcr, iu thc Same manner as aforesaid, all the evidence 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 the other party, made within six months after the exchange of the rati- fications of this convention, to give authentick 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 Comnfis- sioners, or papers thereunto annexed, and other written documents laid before the Commission under the 5th article of the treaty of Ghent, or of the other evidence mutually communicated or applied for as above provided, which it may think fit. Akticle IV. The map called Mitchell's map, by which the framers 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 GEEAT BRITAIN, 1827. , 431. 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 by the Com- missioners under the 5th article of the treaty of Ghent, any engraved may 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- script, map or maps, or otherwise. Article Y. All the statements, papers, maps, and documents, above mentioned, and which shall have been mutually communicated as afore- DeiiTerr of state- said, shall, without any addition, subtraction, or alteration,- ■==■'«»'» Arbiter whatsoever, be jointly and simultaneously delivered in to the arbitrat- 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 bo laid before the Arbiter, except as hereinafter provided. AKTIOLi! yi. 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 Method or fun,i.h- Arbiter should desire further elucidation or evidence in ihlr^'yid'nct'atto regard to any speciflck point contained in any of the said "'""■ 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 speciflck questions submitted by the said Arbiter, but no further; and such evidence and replies shall be immedi- ately coinmunicated by each party to the other. And in case the Arbiter should find the topographical evidence, laid as aforesaid before him, insufiflcient 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 432 TREATIES AND CONVENTIONS. 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 DecisioD of the coucluslve J aud it shall be carried, without reserve, into Arbiter. immediate effect, by Commissioners appointed for that pur. pose by the contracting parties. Abticle VIII. This convention shall be ratified, and the ratifications shall be ex- changed in nine months from the date hereof, or sooner if Ratifications. .v i possible. In witness whereof, we, the respective Plenipotentiaries, have signed the same, and have affixed thereto the seals of our arms. Pone at London the twenty-ninth day of September, in the year of our Lord one thousand eight hundred and twenty-seven. SEAL. SEAL. SEAL. Albert Gallatin. Cha. Grant. Henry TJnwin Addington. 1842. treaty to settle and define boundaries ; FOR THE PINAL SUP- PRESSION OF THE AFRICAN SLAVE-TRADE; AND FOR THE GIVING UP OF CRIMINALS FUGITIVE FROM JUSTICE. Goneluded August 9, 1842; ratifications exchanged at London October 13, , 1842; proclaimed November 10, 1842. Whereas certain portions of the line of boundary between the United States of America and the British dominions in North America, de- scribed 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 sla.ves 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 GREAT BRITAIN, 1842. 433 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, thatpersons committing the crimes hereinafter enumerated, and being 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 Eight Hon- orable Alexander Lord Ashburton, a peer of the said United Kingdom, a member of Her Majesty's Most Honorable Privy Council, and Her Maj- esty'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 as follows : Beginning at the monument at the source of the Bounds imo bs- river St. Croix as designated and agreed to by the Oommis- SThJ'SBK- sioners under the fifth article of the treaty of 1794, between ""™°'- the Governments of the United States and Great Britain ; thence, north, following the exploring line run and marked by the surveyors of the two Governments in the years 1817 and 1818, under the fifth article of the treaty of Ghent, to its intersection with the river St. John, and to the middle of the channel thereof ; thence, up the middle of the main channel of the said river St. John, to the mouth of the river St. Francis; thence, up the middle of the channel of the said river St. Francis, and of the lakes through which it flows, to the outlet of the Lake Pohena- gamook; thence, southwesterly, in a straight line, to a point on the northwest branch of the river St. John, which point shall be ten miles distant from the main branch of the St. John, in a straight line, and in the nearest direction ; but if the said point shall be found to be less than seven miles from the nearest point of the summit or crest of the highlands that divide those rivers which empty themselves into the river Saint Lawrence from those which fall into the river Saint John, then the said point shall be made to recede down the said northwest branch of the river St. John, to a point seven miles in a straight line from the said summit or crest ; thence, in a straight line, in a course about south, eight degrees west, to the point where the parallel of latitude of 46° 25' north intersects the southwest branch of the St. John's ; thence, south- erly, by the said branch, to the source thereof in the highlands at the Metjarmette portage; thence, down along the said highlands which divide the waters which empty themselves into the river Saint Lawrence from those which fall into the Atlantic Ocean, to the head of Hall's Stream ; thence, down the middle of said stream, till the line thus run intersects the old line of boundary surveyed and marked by Valentine and Collins, previously to the year 1774, as the 45th degree of north latitude, and which has been known and understood to be the line of 3769 TR 28 434 TREATIES AND CONVENTIONS. actual division between the States of New York and Vermont on one side, and the British province of Canada on the other ; and from said point of intersection, west, along the said dividing line, as heretofore known and understood, to the Iroquois or St. Lawrence Eiver, Aeticle II. It is moreover agreed, that from the place where the joint Oommis- Dccription of the sloners terminated their labors under the sixth article of houndaryime. ^jjg treaty of Ghcut, to wit, at a point in the Keebish Channel, near Muddy Lake, the line shall run into and along the ship- channel between Saint Joseph and St. Tammany Islands, to the division of the channel at or near the head of St. Joseph's Island ; thence, turning eastwardly and northwardly around the lower end of St. George's or Sugar Island, and following the middle of the channel which divides St. Georges's from St. Joseph's Island ; thence up the east Neebish Chan- nel, nearest to St. George's Island, through the middle of Lake George; thence, west of Jonas' Island, into St. Mary's Eiver, to a point in the middle of that river, about one mile above St. George's or Sugar Island, so as to appropriate and assign the said island to the United States ; thence, adopting the line traced on the maps by the Commissioners, thro' the river St. Mary and Lake Superior, to a point north of lie Eoyale, in said lake, one hundred yards to the north and east of He Chapeau, which last-mentioned island lies near the northeastern point of He Eoyale, where the line marked by the Commissioners termi- nates ; and from the last-mentioned point, southwesterly, through the middle of the sound between He Eoyale and the northwestern main land, to the mouth of Pigeon Eiver, and up the said river, to and through the north and south Fowl Lakes, to the lakes of the height of land be- tween Lake Superior and the Lake of the Woods ; thence, along the water communication to Lake Saisaginaga, and through that lake; thence, to and through Cypress Lake, Lac du Bois Blanc, Lac la Croix, Littl6 Vermillion Lake, and Lake Namecan and through the several smaller lakes, straits, or streams, connecting the lakes here mentioned, to that point in Lac la Pluie, or Eainy Lake, at the Chaudifere Falls, from which the Commissioners traced the line to the most northwestern point of the Lake of the Woods ; thence, along the said line, to the said most northwestern point, being in latitude 49° 23' 55" north, and in longitude 95° 14' 38" west from the observatory at Greenwich; thence, according to existing treaties, due. south to its intersection with the 49th parallel of north latitude, and along that parallel to the Eocky Mount- ains. It being understood that all the water communications and all^ the usual portages along the line from Lake Superior to the Lake of the Woods, and also Grand Portage, from the shore of Lake Superior to the Pigeon Eiver, as now actually used, shall be free and open to the use of the citizens and subjects of both countries. Article III. In order to promote the interests and encourage the industry of aU NaTigatio- of ths thc iuhabitauts of the countries watered by the river St. riTerstJohn. johu audJts tributarics, whether living within the State of Maine or the province of New Brunswick, it is agreed that, where, by the provisions of the present treaty, the river St. John is declared to be the line of boundary, the navigation of the said river shall be free and open to both parties, and shall in no way be obstructed by either; that GREAT BRITAIiT, 1842. 435 all the produce of the forest, in logs, lumber, timber, boards, staves, or shingles, or of agriculture, not being manufactured, grown on any of those parts of the State of Maine watered by the river St. John, or by its tributaries, of which fact reasonable evidence shall, if required, be produced, shall have free access into and through the said river and its said tributaries, having their source within the State of Maine, to and from the sea-port at the mouth of the said river St. John's, and to and round the falls of the said river,either by boats, rafts, or other conveyance; that when within the province of Kew Brunswick, the said produce shall be dealt with as if it were the produce of the said province; that, in like manner, the inhabitants of the territory of the upper St. John, deter- mined by this treaty to belong to Her Britannic Majesty, shall have free access to and through the river, for their produce, in those parts where the said river runs wholly througb the State of Maine: Provided, always, that this agreement shall give no right ^^^^.^ to either party to interfere with any regulations not incon- sistent with the terms of this treaty which the governments, respectively, of Maine or of N'ew Brunswick may make respecting the navigation of the said river, where both banks thereof shall belong to the same party. Article IV. All grants of land heretofore made by either party, within tbe limits of the territory which by this treaty falls within the domin- Grants onandwuii- ions of the other party, shaH be held valid, ratified, and con- '" ""= «"""'■ firmed to the persons in possession under such grants, to the same extent as if such territory had by this treaty fallen within the dominions of the party by whom such grants were made; and all equitable possessory claims, arising from a possession and improvement of any lot or parcel of land by the person actually in possession, or by those under whom such person claims, for more than six years before the date of this treaty, shall, in like manner, be deemed valid, and be confirmed and quieted by a release to the person entitled thereto, of the title to such lot or parcel of land, so described as best to include the improvements made thereon ; and in all other respects the two contracting parties agree to deal upon the most liberal principles of equity with the settlers actually dwelling upon the territory falling to them, respectively, which has heretofore been in dispute between them. Article V. Whereas in the course of the controversy respecting the disputed territory on the northeastern boundary, some moneys have . . . been received by the authorities of Her Britannic Majesty's "diipmsd toruorr province of Kew Brunswick, with the intention of preventing depredations on th« 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 Governnient of the United States within six months after the ratification of this treaty ; and the proportion of the 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 Goyernment of the United States agrees to receive for the use 436 TREATIES AKD CONVENTIONS. 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. Akticle VI. It is furthermore understood and agreed that, for the purpose of run- ning and tracing those parts of the line between the source mSrZ"£nrbt of the St. Croix and the St. Lawrence Eiver which will re- anr°s*°LawSnJe qulrc to bc ruu and ascertained, and for marking the residue Kivera. ^„ ^^j^ jj^^^ ^^ pFopcr mouumeuts 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. Aeticle VII. It is further agreed that the channels in the river St. Lawrence on Certain waters both sldcs of thc Loug Sault Islauds and of Barnhart Island, open to botbpartie.. ^jjg c^aunels Ju the river Detroit on both sides of the island Bois Blanc, and between that Island and both the American and Cana- 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. Akticle VIII. The parties mutually stipulate that each shall prepare, equip, and sappieBsionofthe maintain in service on the coast of Africa a sufflcientand aiave-irade. adcquate 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 GREAT BRITAIN, 1842. 437 all such orders to be communicated by each Government to the other, respectively. Aeticle IX. Whereas, notwithstanding all efforts which may be made on the coast 'of Africa for suppressing the slave-trade, the facilities for ^ . i, i ^ na -I • T ii • •! J! • RemonB trances carrymg on that traffic and avoiding the vigilance oi cruis- with other powers STti. T-ii r.ji Til within whose domin- ers, by the fraudulent use of flags and other means, are so jjj,"„,'\,7„°'^^' '"' great, and the temptations for pursuing it, while a market "''"'"' °°° can be found for slaves, so strong, as that the desired result may be 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 be- coming representations and remonstrances with any and all Powers within whose dominions such markets are allowed to exist, and thajt 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, ofB- Extradition of 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 robberyj 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, thathe 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 exam- ining 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 de- frayed by the party who makes the requisition and receives the fugitive. Article XI, The eighth article of this treaty shall be in force for five years from the date of the exchange of the ratifications, and afterwards nuratwn or the until one'or the other party shall signify a wish to terminate '""^■ it. The tenth article shall continue in force until one or the other of the parties shall signify its wish to terminate it, and no longer. Article XII, The present treaty shall be duly ratified, and the mutual exchange of ratifications shall take place in London, within six months Ratifications. from the date hereof, or earlier if possible. 438 TREATIES AND CONVENTIONS. In faith whereof we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals. Done in duplicate at Washington, the ninth day of August, anno Domini one thousand eight hundred and forty-two. "SEAL.l DANL. WeBSTEE. :] SEAL.] ASHBUETON. 1846. TREATY IN REGARD TO LIMITS WESTWARD OF THE ROCKY MOUNTAINS. Concluded June 15, 1846; ratifications exchanged at London July 17, 1846 ; proclaimed August 5, 1846. The United States of America and Her. Majesty the Queen of the United Kingdom of Great Britain and Ireland, deeming it to be desir- able for the future welfare of both countries that the state of doubt and uncertainty which has hitherto prevailed respecting the sovereignty and government of the territory on the northwest coast of America, lying westward of the Eocky or Stony Mountains, should be finally termi- nated by an amicable compromise of the rights mutually asserted by the two parties over the said territory, have respectively named Pleni- potentiaries to treat and agree concerning the terms of such settlement, that is to say: The President of the United States of America has, on his part, fur- nished with full powers James Buchanan, Secretary of State Nesotmors. ^^ ^-^^ Uultcd Statcs, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland has, on her part, ap- pointed the Eight Honorable Eichard Pakenham, a member of Her Majesty's Most Honorable Privy Council, and Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States ; 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. From the point on the forty-ninth parallel of north latitude, where the BoundaryiiMwest bouudary laid down in existing treaties and conventions ofRockrMountain.. betwccu tho Uuitcd States and Great 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 Navigation betTvem wMch scparatcs the continent from Vancouver's Island ; and r„T?hr mnS^ thence southerly through the middle of the said channel, and audofFucaa strait., (jf Fuca's Stralts, to thc Paclfic Ocean : Provided, however, that the navigation of the whole of the said channel and straits, south of the forty-ninth parallel of north latitude, remain free and open to both parties. Article II. Erom the point at which the forty-ninth parallel of north latitude NaviBation of part shall bc fouud to iuterscct the great northern branch of the of Columbia Kiver. Qolumbia Elvcr, the navigation of the said branch of the free and open to the Hundson's Bay-Company, and to all British subjects (JREAl' BRifAm, 1846. 43^ trading with the same, to the point where the said branch meets the main stream of the Columbia, and thence down the said main stream to the ocean, with free access into and through the said river or rivers, it being understood that all the usual portages along the line thus de- scribed shall, in like manner, be free and open. lu navigating the said river or rivers, British subjects, with their goods and produce, shall be treated on the same footing as citizens of the United States ; it being, however, always understood that nothing in this article shall be con- strued as preventing, or intended to prevent, the Government of the United States from making any regulations respecting the „ , . navigation of the said river or rivers not inconsistent with navigation of eaw the present treaty. Article III. In the future appropriation of the territory south of the forty-ninth parallel of north latitude, as provided in the first article of Po„e,eoryright8oi this treaty, the possessory rights of the Hudson's Bay Com- »"»"'«''='■««:'•• pany, and of all British subjects who may be already in the occupation of land or other property lawfully acquired within the said territory, shall be respected. Article IV. The farms, lands, and other property of every description belonging to tbe Puget's Sound Agricultural Company, on the north side of the Columbia liiver, shall be confirmed to the said Tu^S'soSllit T t ji •!_.• n J.1 n cultural Company. company. In case, however, the situation of those farms and lands should be considered by the United States 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 shall be transferred to the said Government, at a proper valuation, to be agreed upon between the parties. Aetiolb v. The present treaty 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, at the expiration of six 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 fifteenth day of June, in the year of our Lord one thousand eight hundred and forty-six. SEAL. SEAL. James Buchanan. Richard Pakenham. 440 'l-KEATIES AND CONVENTIONS. 1870. DECLAEATION APPEOVING AND ADOPTING THE MAPS PEEPARED BY THE JOINT COMMISSION OF THE NORTHWEST BOUNDARY FOE SURVEYING AND MAEKING THE BOUNDARIES BETWEEN THE BRITISH POSSESSIONS AND THE UNITED STATES ALONG THE 49th PAEALLEL OF NORTH LATI- . TUDE, UNDER THE FIRST ARTICLE OF THE TREATY OF 15th JUNE, 1846. Signed at WasMngton February 2Uh, 1870. The undersigned Hamilton Fish, Secretary of State of the United States, and Edward Thornton, Esquire, Her Britannic Negotiators, jjajggty's Euvoy Extraordiuarj audMiuister Plenipotentiary to the United States, duly authorized by their respective Governments, having met together : The set of maps, seven in number, which have been prepared by the Commissioners appointed by the two Powers to survey and mark out the Boundary between their respective Territories under the first arti- cle of the Treaty concluded between them at Washington on the 15th of June, 1846, having been produced ; And it appearing that they do correctly indicate the said Boundary from the point where the Boundary laid down in Treaties and Conven- tions prior to June 15th, 1846, terminates Westward on the 49th Par- allel of North Latitude to the Eastern shore of the Gulf of Georgia, which Boundary has been defined by the Commissioners by marks upon the ground ; , The undersigned, without prejudice to the rights of their Boundary ra,p.ap- respoctive Govcmmeuts as to the settlement and thedeter- rroved and adoptei minatlou of thc Tcpiainder of the said Boundary, hereby de- clare that the said maps certified and authenticated under the signatures of Archibald Campbell, Esquire, the Commissioner of the United States, and of Colonel John Summerfield Hawkins, Her Britannic Majesty's Commissioner, and of which duplicate copies similarly certified and au- thenticated are in the possession of the Government of Her Britannic Majesty have been duly examined and considered, and, as well as the marks by which the Boundary to the Eastern shore of the Gulf of Geor- gia has been defined upon the ground, are approved, agreed to, and adopted by both Governments. In witness whereof the respective. Plenipotentiaries have signed the same and have af&xed thereto their respective seals. Done at Washington the twenty forth day of February, in the year of our Lord, one thousand eight hundred and seventy. SEAL. SEAL. Hamilton Fish Edwd. Thornton 1850. 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 ; ratifications exchanged at WasMngton July 4, 1850 ; proclaimed July 5, 1850. The United States of America and Her Britannic Majesty, being de- sirous of consolidating the relations of amity which so happily subsist between them by setting forth and fixing in a convention their views GREAT BRITAIN, 1850. 441 and intentions with reference to any means of communication by ship- canal which may be constructed between the Atlantic and Pacific Oceans by the way of the river San Juan de Nicaragua, and either or both of the lakes of Nicaragua or Managua, to any port or place on the Pacific Ocean, the President of the United States has conferred full powers on John M. Clayton, Secretary of State of the United States, ^^ ^^.^^^^ and Her Britannic Majesty on the Eight Honourable Sir w'«'°'»' Henry Lytton Bulwer, a member of Her Majesty's Most Honourable Privy Council, Knight Commander of the Most Honourable Order of the Bath, and Envoy Extraordinary and Minister Plenipotentiary of Her Britannic Majesty to the United States, for the aforesaid purpose ; and the said Plenipotentiaries, having exchanged their fiill powers, which were found to be in proper form, have agreed to the following articles : Article I. The Governments of the United States and Great Britain hereby de- clare that neither the one nor the other will ever obtain or control o^er the maintain for itself any exclusive control over the said ship- '"•"'•'^ =»»»'• canal ; agr,eeing 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, Cost'a Eica, 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, be exempted from blockade, detention, or capture by either 8era"toa7e«i°e The 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. Article III. In order to secure the construction of the said canal, the contracting parties engage that, if any such canal shall.be undertaken p„perty of the upon fair and equitable terms by any parties having the S?p°cttor°*he 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. 442 TEEATlEg AND CONVENTIONS. Article IV. The contracting parties will use whatever influence they respectively ^ . .. ,, exercise with any State, States, or Governments possessing, Confltruction of the -,.. , ' .'.-,.,. ■ i j. j.i work to be facih- 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 j.^^ most expedient, in order to procure the establishment of two free ports, one at each end of the said canal. Aktiole Y. The contracting parties further engage that when the said canal shall Neutrality ofcnaL ^^^^ t'ccn completcd thcy wlU protect it from interruption, seizure, or unjust confiscation, and that they wUl guarantee the neutrality thereof, so that the said canal may forever be open and free, and the capital invested therein secure. liTevertheless, the Governments of the United States and Great Britain, in according their protection to the construction of the said canal, and guaranteeing its neutrality and 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 adopter 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. ' Akticle 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 parties likewise agree that each shall enter into treaty stip- toKlde w^tf ce°n- ulatious wlth such of the Central American States as they tral American States. i -i>it/>j.i n jv* j_ ii ^ may deem advisable for the purpose of more ertectually car- 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 DifferenceB u to tbo ncgotiation of such treaty stipulations ; and should any rishtoirer territory, diffcrencesarise 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 GEEAT BRITAIN, 1850, 448 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- mencing and constructing the said canal, the Governments of the United States and Great Britain determine to give tSd'Tnto'wuhoui their support and encouragement to such persons or com- ^°^- pany as may first offer to commence the same, with ^he 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- sons, or company to the protection of the Governments of of''c™Sic?ora'"aT. the United States and Great Britain, and be allowed a year "^^^'■^■«'"^- from the date of the exchange of the ratifications of this convention for concluding their arrangements and presenting evidence of sufficient cap- ital subscribed to accomplish the contemplated undertaking ; it being understood that if, at the expiration of the aforesaid period, such per- sons or company be not able to commence and carry out the proposed enterprize, then the Governments of the United States and Great Brit- ain shall be free to afford their protection to any other persons or com- pany that shall be prepared to commence and proceed with the con- structicn of the canal in question. Article YIII. The Governments of the United States and Great Britain having not only desired, in entering into this convention, to accomplish protection to b= a particular object, but also to establish a general principle, SnkuoMtoSr they hereby agree to extendtheir protection, by treaty stip- """"""i'^""-- ulations, to any other practicable communications, whether by canal or railway, across the isthmus which connects Iforth 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 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 same canals or railways, being open to the citizens and sub- canai opm to dti- jects of the United States and Great Britain on equal terms, S.. °' "'"^ "''" 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. 444 TREATIES AND CONVENTIONS. Aeticle IX. The ratifications of this conveution shall be exchanged at Washing- ton within six months from this day, or sooner if pes- sible. In faith whereof we, the respective Plenipotentiaries, have signed this convention, and have hereunto af&xed our seals. Done at Washington the nineteenth day of April, anno Domini one thousand eight h,undred and fifty. SEAL. SEAL. John M. Clayton. Henry Lytton Btjlwee. 1860. protocol of a conference held at the foreign office, DECEM- BER 9, 1850, CEDING HORSE-SHOE REEF TO THE ITNITED STATES. Abbott Lawrence, Esquire, the Envoy Extraordinary and Minister Plenipotentiary of the United States of America at the Negotiators, qq^j^ q^ ^gj, Britaumc Majesty, and Viscount Palmerston, Her Britannic Majesty's Principal Secretary of State for Foreign Af- fairs, having met together at the foreign office : Mr, Lawrence stated that he was instructed by his Government to call the attention of the British Government to the dangers to which the important commerce of the great Lakes of the Interior of America, and more particularly that concentrating at the town of Buffalo near the entrance of the Niagara Eiver from Lake Erie, and that passing through the Welland Canal, is exposed from the want of a lighthouse near the outlet of Lake Erie. Mr. Lawrence stated that the current of the Niagara Eiver is at that spot very strong, and increases in rapidity as the river approaches the falls ; and as that part of the river is neces- sarily used for the purpose of a harbor, the Congress of the United States, in order to guard against the danger arising from the rapidity of the current, and from other local causes, made an appropriation for the construction of a lighthouse at the outlet of the lake. But on a local survey being made, it was found that the most eligible site for the erection of the lighthouse was a reef known by the name of the " Horse- shoe Eeef," which is within the dominions of Her Britannic Majesty; and Mr. Lawrence was therefore instructed by the Government of the United States to ask whether the Government of Her Britannic Majesty will cede to the United States the Horse-shoe Eeef, or such part thereof as may be necessary for the purpose of erecting a lighthouse ; and if not, whether the British Government will itself erect and maintain a lighthouse on the said Eeef. Viscount Palmerston stated to Mr. Lawrence in reply, that Her Maj- Cession of "Horso esty's Govcmment concurs in opinion with the Government feefltt'te's" *br of the United States, that the proposed lighthouse would °ertion"of'°a*ig'h° be of great advantage to all vessels navigating the Lakes ; ho»ee thereon. ^^^ ^jj^^ ^cr Majcsty's Govcmment is prepared to advise Her Majesty to cede to the United States such portion of the Horse-shoe Eeef as may be found requisite for the intended lighthouse, provided the Government of the United States will engage to erect such light- house, and to maintain a light therein ; and provided no fortification be erected on the said Eeef. GREAT BRITAIN, 1853. 445 Mr. Lawrence and Viscount Palmerston, on the part of their respective Governments, accordingly agreed that the British Crown should make this cession, and that the United States should accept it, on the above- mentioned conditions. Abbott Lawrence. Palmerston. On the receipt of this Mr. Webster, January 17, 1851, instructed Mr. Lawrence to " address a note to the British Secretary of Statefor Foreign Affairs, acquainting him that the arrangement referred to is approved by this Government." MS. Depart- ment of State. Mr. Lawrence did so on the 10th of the following February. The acts of Congress making appropriations for the erection of the light-honse will be found in 9 St. at L., 380 and 637, and 10 St. at L. , 343. It was erected in the year 1856. 1853. CONVENTION FOR THE SETTLEMENT OF CLAIMS. Concluded February 8, 1853 ; ratifications exchanged at London July 26, 1853; proclaimed Augtist 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, subjects of Her Bri- tannic Majesty, and upon the Government of Her Britannic Majesty on the part of corporations, companies, and private individuals, 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 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 Convention, and have named as their Plenipotentiaries to confer and agree thereupon, that is to say : The President of the United States of America, Joseph Eeed IngersoU, Envoy Extraordinary and Minister Pleni- Nejoti.tor«. potentiary of the United States to Her Britannic Majesty ; and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Eight Honouralsle John Eussell, (commonly called Lord John Eus- 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 : Article I. The high contracting parties agree that all claims on the part of cor- porations, companies, or private individuals, citizens of the United States upon the Governmeitt of Her BritannicMajesty, ferSa'™ %>mJ^- and all claims on the part of corporations, companies, or private individuals, subjects of Her Britannic Majesty, upon the Gov- 446 TREATIES AND CONVENTIONS. enjment 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 How appomtei ^j^^j ^^ namcd 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- venient period after they shall have been respectively named; puce of meetin,. j^j,^ shall, bcforc proccedlug to any business, make and sub- Deciaration of the scrfbe Si solcmu dcclaratlou that they will impartially and coramis.ioDer.. carefuUy 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 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, and before proceeding to any other busi- nes8,namesomethirdpersonto act as an Arbitrator or Umpire Umpire. .^ ^^^ ^^^^ ^^ casBS OH wMch 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 prorision for hie OH thc rccord of thclr proceedings. In the event of the not acting. dcath, abscnce, or incapacity of such person or persons, or 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- inveatieation of vestigation of thc claiffis which shall be presented to their daima. noticc. They shall investigate and decide upon such claims 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 GEEAT BRITAIN, 1853. 447 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 repectively. It shall be competent for each Government to name one person to at- tend the Commissioners as agent on its 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 decis- ion of the Commissioners conjointly, or of the Arbitrator or Umpire, 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 sach 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 ad- certor'dSriMd- • •i_-i -ill' ■• laissible. missible under this convention. Article III. Every claim shall be presented to the Commissioners within six mouths 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 claim within one year from the day of their first meeting. EMnination and It shall be competent for the Commissioners conjointly, or ''=™i™- 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. Aeticlb IV. All sums of money which may be awarded by the Commissioners, or by the Arbitra1;or 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 specified in Article VI hereinafter. Article V. The high contracting parties engage to consider the result of the proceedings of this commission as a full, perfect, and final p^ceedingsofthe settlement of every claim upon either Government arising out J?"aundf°iileuf«^ of any transaction of a date prior to the exchange of the ra,ti- '°™"''' '" "=''"°"- fications of the present convention ; and further engage that every such 448 TREATIES AND CONVENTIONS. claim, whether or not the same may have been presented to the notice off, 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 finally settle(\, barred, and thenceforth inadmis- sible. Article VI. The Commissioners, and the Arbitrator or Umpire, shall keep an ac- Record of proceed- curatc Tccord and correct minutes or notes of all their pro- ings. 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 Salary of commis- ^ot excccding thrcc thousand dollars, or six hundred and Bionera. twcuty pouuds 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 the clerk shall not exceed the sum of fifteen hundred Salary of clerk. doUars, Or thrcc hundred and ten pounds sterling, a year. The whole expenses of the commission, including contingent expenses, Expenses of the shall bc defrayed by a rateable deduction on the amount of commiesion. ^]jg gums awardcd by the commission; provided always 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 maybe within twelve months from 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. SEAL." SEAL. J. E. Ingeksoll, J. Kussell. 1854.* TEEATY EXTENDING THE RIGHT OF FISHING AND RETJULATING COM- MERCE AND NAVIGATION BETWEEN THE UNITED STATES AND THE BRITISH POSSESSIONS IN NORTH AMERICA. Concluded June 5, 1854; ratifications exchanged at Wasliington September 9, 1854; proclaimed September 11, 1854. The Government of the United States being equally desirous with Her Majesty the Queen of Great Britain to avoid further misunderstand- * See Notes : "Abrogated, suspended, or obsolete treaties." GREAT BRITAIN, 1854. 449 ing between their respective citizens and 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 desrious to regulate the commerce 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 reciprocally beneficial and satisfactory, have, respectively, named Plenipotentiaries to confer and agree there- upon, 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 the Queen of the United Kingdom of Great Britain and N=,ot.ator,. 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- ^^.^^ mentioned convention of October 20, 1818, of taking, curing, loJeTcerwTpnv!: and 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 Privilege applicable fisheries in rivers and the mouths of rivers, are hereby re- ""lytoM^fi^w served exclusively for British fishermen. And it is further agreed that, in order to prevent or settle any disputes as to the places to which the reservation of exclusive right oommiaaioner. to to British fishermen contained in this article, and that of dfapwei"''""'""'' fishermen of the United States contained in the next succeeding article, ^PPlj) 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- 3769 TR 29 450 TKEATIES AND CONVENTIONS. eluded 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. The Coinmissioners shall name some third person to act as an Arbitrator or Umpire in any case or cases on which they may themselves Umpire. (jiffer lu opiuiou. 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 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 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 IJTorth Duties of Com- Americau provinces and of the United States, embraced ■mssiooer.. withlu thc provisloDS 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 DeciBion. 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 the Commissioners conjointly, or of the Arbi- trator or Umpire, as the case maybe, 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 have, in common with the citizens of the United States the .nbj'lcttiii°Ame"kS liberty to take fish of every kind, except shell fish, on the fisheries. eastcm 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-coast 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 States, 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 Hights applicable SBa fishcry, and that salmon and shad fisheries, and all flsh- ooij to sea fishery, erfcs lu rlvcrs aud mouths of rivers, are hereby reserved exclusively for fishermen of the United States, GREAT BRITAIN, 1854. 451 Article III. It is agreed that the articles enurDerated in the schedule hereunto annexed, being the growth and produce of the aforesaid CBrtamarticieato British colonies or of the United States, shall be admitted S?ht?"ouMrj'ftee!'° into each country respectively free of duty: 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 flsh, and of all other creatures living in 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. ' Eice, broom-corn, and bark. Gypsum, ground or unground. Hewn, or wrought, or unwrought burr or grindstones. Dyestutfs. Flax, hemp, and tow, unmanufactured. Unmanufactured tobacco. Eags. Article IV. It is agreed that the citizens and inhabitants of the United States shall have the right to navigate the Eiver St. Lawrence, nig,,,, oCA,^„i. and the canals in Canada used as the means of communicat- ™"B°,S°tte can": ing between the great lakes and the Atlantic Ocean, with '«»''™'">i=- 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 tho 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 »mpSd"?f°thesl it, 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 sus- 452 TREATIES AND CONVENTIONS. pension 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 Ki hte of B Mb ^^ navigate Lake Michigan with their vessels, boats, and Buwectl °in L^to crafts SO long as the privilege of navigating the river St, Lawrence, secured to American citizens by the above clause 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- luSK Z "hVst tion of the American territory in the State of Maine watered 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 Conditions on ^^ c^rry It into operation shall have been passed by the which" tto""™"? Imperial Parliament of Great Britain and by the Provincial 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 uratono treaty, .j-^gj^g mouths aftcr clthcr 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 temporarilv suspending the operations of articles III and lY thereof. Aeticle VI. And it is hereby further agreed that the provisions and stipulations Newfoundland ^'^ ^^^ foregoiug artlclcs 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 by law to give it effect, by either of the legislative bodies aforesaid, shall not in any way impair the remaining articles of this treaty; Aeticle 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. GREAT BRITAIN, 1854. 453 In faith whereof we, the respective Plenipotentiaries, have signed this treaty and have hereunto afflxed our seals. , Done in triplicate, at Washington, the fifth day of June, anno Domini one thousand eight hundred and fifty -four. SEAL. SEAL, W. L. Maecy. Elgin & Kincaedine. 1854. CONVENTION EXTENDING DURATION OF CLAIMS COMMISSION UNDER THE CONVENTION OF FEBRUARY 8, 1853. Concluded July 17, 1854; ratifications exchanged at London 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 Britannic Majesty, for the settlement of outstanding claims, by a mixed commission, lim- ited to endure for twelve months from the day of the first meeting of the Commissioners ; and whereas doubts have arisen as to the practi- cability of the business of the said commission being concluded within the period assigned, the President of the United States, and Her Maj- esty the Queen of the United Kingdom of Great Britain and Ireland, are desirous that the time originally fixed for the duration of the com- mission should be extended, and to this end have named plenipoten- tiaries to agree upon the best mode of effecting this object, that is to say : The President of the United States, the Honorable William L. Marcy, Secretary of State of the United States, and Her Majesty the Qurfen of the United Kingdom of Great Britain and Ireland, John Piennes Grampton, Esq're, Her Majesty's Envoy Ex- Nejntistor.. traordioary and Minister Plenipotentiary at Washington ; who have agreed as follows : Aeticle I. The high contracting parties agree that the time limited in the con- vention above referred to for the termination of the com- mission shall be extended for a period not exceeding four Time tot termina- months from the 15th of September next, should such ex- ondaimSI'S'nTd" 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 anywise alter or extend the time orig- inally fixed in the said convention for the presentation of claims to the Commissioners. 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 afflxed 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. SEAL.] W. L. Maecy. SEAL.] John F. Geampton. 454 TREATIES AND CONVENTIONS. 1862.* TREATY FOR THE SUPPRESSION OF THE AFRICAN SLAVE TRADE, Concluded at Washington April 7, 1862; ratifications exchanged at Lon- don May 20, 1862; proclaimed June 7, 1862. The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being desirous to ren- der more effectual the means hitherto adopted for the suppression of the slave trade carried on upon the coast of Africa, have deemed it expe- dient 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, Neotiators Secretary of State, and. Her Majesty the Queen of the eeofators. Uuitcd Kiugdom 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 Extraordinary and Minister Plenipotentiary to the United States of America; Who, after having communicated to each other their respective full powers, found in good aud due form, have agreed upon and concluded the following articles : Article I. The two high contracting parties mutually consent that those ships certsmwarveBseis 0^ thclr rcspcctlve navlcs which shall be provided with spe- Soha'nfTeTrel" clal instructiou for that purpose, as hereinafter mentioned, Sr'eSwId'S'ilhe ma-y '^isit such merchant vessels of the two nations as may, 8kv« trade. upou reasouablB 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 pro- visions of this treaty; and that such cruisers may detain, and send or carry away, such vessels, in order that they maybe 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, Rii(ht of search. ^^^ ^^ ^^^ Same time avoid doubts, disputes, and complaints, the said right of search shall be understood in the manner and accord- ing to the rules following : First. It shall never be exercised except by vessels of war, author- ized 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 s^all be exercised only as regards merchant vessels ; and it shall not be exer- cised by a vessel of war of either contracting party wi^in the limits of a settlement or port, nor within the territorial water* 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, 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 'Modified by conventions of April?, 1863, and June 3, 1870. See notes: "Abro- gated, suspended, or obsolete treaties." GREAT BRITAIN, 1862. 455 certificate, signed by himself, stating his rank in the naval service of his country, and the name of the vessel he commands, and also declar- ing that the only object of the search is to ascertain 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 oflcer 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 lawful objects, the of&- cer shall enter in the log-book of the vessel that the search has been made in pursuance of the aforesaid special instructions; 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 milessfrom the cdast 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. 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 be hereafter employed to prevent the African slave trade sMpsorwartobe shall be furnished by their respective Governments with a S'uefty'S, rS 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 to time, communicate to the other the names of the several uaoh nation to ei^. ships furnished with such instructions, the force of each, te.,'"„'fVa''r"e."S and the names of their several commanders. The said com- =°«'">pioyed. manders shall hold the rank of captain in the navy, or at Rankofcommand- 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 t ,t I n 1. -I- n /.Mode of procedure under the£SCort or convoy of any ship or ships of war of when suspected ves- 17 ,i -* ,. > T, J 1 T_ eel is under convoy. 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 456 TREATIES AND CUNVENTIONS, 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 LoB»ee by wrong- contractlug partics engage mutually to make good any fuidetention. losscs which thcir respective subjects Or citizens may incur by an arbitrary and illegal detention of their vessels ; it being under- 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 only as are pro- vided with the special instructions annexed to the present treaty, in Indemnity for tho pursuauco of thc provisious thereof. The indemnification eame. J^p j.jjg (jamages 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 TV. In order to bring to adjudication with as little delay and inconve- Threetn,%=dconrM uicnce as posslblc thc vessels which may be detained ac- to be established, cordiug to thc tcnor 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 equal number of individuals of the two nations, Places of courts ^^'^^'^ ^"^^ ^^^^ purposo by tfaclr respective Governments. paceso courts, rjij^ggg courts shali Tcsidc, 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 Duties of courts. i . • j ■ j. j.- i • i ' t ^ S. 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 ofBcer of any of the ships of the navies of Re aration for ^^^her couutry, duly commissioned according to the provsi- •.roSuTacM of oS ious of the first article of this treaty, shall deviate in-i any 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 shaU be entitled to demand repara.tion ; 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 punishmentafsuch compMnt, aud to inflict upon the said officer a punishment officer. proportioned to any wilfal transgression which he may be proved to have committed. GEEAT BRITAIN, 1862, 457 Akticle VI. It is hereby further mutually agreed that every American or British merchant vessel which shall be searched by virtue of the Merchant ™.eis present treaty, may lawfully be detained, and sent or brought ",'4p''"j ''° uir^cei^ before the mixed courts of justice established in pursuance '»"""°e»- 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 engaged in lawful trade. 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 farinha, 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 or are on board, or have been on board during the voyage in Pr„ofof suchequip- which 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. Aktiolb YII. If any one of the articles specified in the preceding article as grounds for condemnation should be found on board a merchant ves- ^ „B8ei sauiMsci sel, or should be proved to have been on board of her during ;■ SS^'peSSon rS the voyage on which she was captured, no compensation for ''"""s''- 458 TREATIES AND CONVENTIOlirS, losses, damages, or expenses consequent upon the detention of such ves- sel 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. Aeticlb VIII. It is agreed between the two high contracting parties that in all cases veasei. condemned lu which a vcsscl shall bo detaiucd under this treaty, by under this treaty, their rcspcctive 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 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 lor 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. Aktiole IX. The captain, master, pilot, and crew of any vessel condemned by the mixed courts of justice shall be punished according to the and''?"*' 0° con- laws of thc couutrv to which such vessel belongs, as shall demned veaaela. i xi i j.7 ■ j. j. j • i also the owner or owners and the persons interested m 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 peraona on board ^r ££s It may uot bc attcudcd with grievous expense and such veaaela. inconveuience, the master and crew of any vessel which 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 witnesses 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 suwects of eitber o£ cithcr coutractiug party who may be found by a cruiser de°mned'^°v°e°aaeiS Sf °a ot thc othcr ou board a vcsscl of any third Power, or on board third Power. a vcsscl salliug wlthout flag Or papcrs, wMch ffisy bc cou- demned by any competent court for having engaged in the African slave trade. Aktiole X. The negroes who are found on board of a vessel condemned by the mixed courts of justice, in conformity with the stipulations bo''«fd"™ondemne° of this trcat y, shall be placed at the disposal of the Govern- ment whose cruiser has made the capture. They shall be immediately set at liberty, and shall remain free, the Government to whom they have been delivered guaranteeing their liberty. GREAT BEITAIlir, 1862. 459 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 i„,i„mmB an- follows : ""'^"^ *" "'°'"'" (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 KauficitioM 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 the end of one year after °""°" ° "'""^' either of the contracting parties shall have given notice to the other of his intention to terminate the same, each of the contracting parties re- serving 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 whepeof the respective Plenipotentiaries have signed the present treaty, and have thereunto af&xed 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. SEAL. SEAL. William' H. Seward. Lyons. 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 navy which shall be furnished with these instructions shall Kight « search have a right tosearch 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 tradeduring the voyagein 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 mer- vesseisto be Be.,t chant vessel (save in the case provided for in Article V of '''"■j"''8"°™'- 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 y^,^^ j^tamed to be established at the Cape of Good Hope and at Sierra ""Afr^" '<«««■ Leone which may be nearest to the place of detention, or which the 460 TREATIES AND CONVENTIONS. captor, on his own responsibility, 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 On Cuban coast -v-r -vt- -. Isew York. Aeticle II. Whenever a ship of either of the two navies, duly authorized as afore- ^^^^ j^ 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 offlcer 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. Aeticle III, The commander of any ship of the two navies, duly authorized as aforesaid, who may detain any merchant- vessel in pursuance daen'ti'o'n,"' ""'' °' of tho tcuor of the present instructions, shall leave on board 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. Aeticle IV. If urgent reasons arising from the length of the voyage, the state of When negroes mar health of tho ucgroes, Or any other cause, should require be duewbarked. ^.jj^j. either thc whole or a portion of such negroes should be disembarked before the vessel can arrive at the place at which one of the mixed courts of justice is established, the commader 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. GREAT BRITAIN, 1862. 461 AETIOLB V. • In case any merchant vessel detained in pursuance of the present in- structions should prove to be unseaworthy, or in such a con- Detention of an dition as not to be taken to one of the -three ports where »"">"''"'«' ™«"- the mixed courts of justice are to be established in pursuance of the treaty of this date, the commander of the detaining cruiser may take upon himself the responsibility of abandoning or destroying her, pro- vided the exact causes which made such a step imperatively necessary be stated in a certificate verified 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. 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. SEAi. SEAL. William H. Sewaed. Lyons. ANNEX (B) TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA AM) GREAT BRITAIN, FOR THE ABOLITION OF THE AFRICAN SLAVE TRADE. SIGNED AT WASHINGTON ON THE 7th DAY OF APRIL, 1862. Regulations for the mixed courts of justice. Article I. The mixed courts of justice to be established under the provisions of the treaty of which these regulations are declared to be an compoeitionoroie 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, jndBeaandarwtra. 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 afore- said treaty. There shall be attached to each of such courts a secretary or registrar, who shall be appointed by the party in whose territories secretary or reeis- 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 thaf he will conduct himself with due respect for its authority, and will act with fidelity and impartiality in all matter.si relating to his office. 462 TREATIES AND CONVENTIONS. The salaries of the judges and arbitrators shall be paid by the Gov- saiariee. emmeiits 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 EKpensei,. amount of the other expenses of such courts. Akticle II. The expenses incurred by the officer charged with the reception, main- KipeiMBofbrins- tcnauce, and care of the detained vessel, negroes, and cargo, wa^esadtoaijudi- ^^^ yffi%\i thc cxccution of the sentence, and all disbursments 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 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 ExpeMs. of re- bringing hcr to adjudicatiou shall bc defrayed by th'c captor, leased TceL cxccpt lu thc casBs spccifled and otherwise provided for under Article VII of the treaty to which these regulations form an annex, and under Article VII of these regulations. Aeticle III. The mixed courts of justice are to decide upon the legality of the Courts, jurisdic- detcution of such vessels as the cruisers of either nation shall detain in pursuance of 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- Deci=ions ^^^ ' ^^^ ^^^ ^^^^ purposc thc courts are required to decide 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 ofthe absence of witnesses Final sentence. n ., ' . .., t j_* j« or for any other cause, except upon the application of 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. Counsel. Each party shall be allowed to employ such counsel as he may think fit, to assist him in the conduct of his cause. AU the acts and essential parts of the proceedings of the said courts shall be committed to writing and be placed upon record. Aeticle IV. • Mode of proce.i.er Tho form of thc pToccss, or mode of proceeding to judg- of the court.. meut, shall be as follows : The judges appointed b.y the two Governments, respectively, shall in tioii. GREAT BRITAIN, 1862. 463 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 he 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 condemnation, 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 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 which 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, the vessel and the cargo, in the state in which they shall proceeaiw if jh- then be found, (with the exception of the negroes found on stSla.'™" board, if such negroes shall have been previously disero.barked 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 his 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- ful prize, together with her cargo, of whatever description it may be, with the exception of the negroes who shall have tHiMTIess°n/con- 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. 464 TREATIES AND CONVENTIONS. Aeticle VII. The mixed courts of justice shall a,lso tate cogniza,nce of, and .shall decide deflnitively and without appeal, alL claims for com- Damae... peDsatiou 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 stlch vessels and cargoes shall be decreed, save as mentioned in the Vll^h article of the treaty to which these regulations form an annex, and in a subsequent part of these regulations, the court shair award to the cMmant 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- 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. (0.) 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. (C) For any deterioration of the cargo. (D.) For all premium of insurance on additional rists. The claimant or claimants shall be entitled to interest at the rate of 5 (five) per cent, per annum on the sum awarded, untilsuch 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 veBBd sei^d by shall bo provcd to the satisfaction of the judges' of the two ™itpr°not''ei.ti°red uatlous, aud without having recourse to the decision of an to demurrage. arbitarator, that the captor has 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, " And so on in proportion. 6 8 10 11 12 14 15 GREAT BRITAIN, 1862. 465 Article VIII. Neither the judges, nor the arbitrators, nor the secretaries or regis- trars of the mixed courts of justice, shall demand or receive j^^^^, registrar. from any of the parties concerned in the cases which shall jo^'^.t» i^mand o; 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 o.f the death, sickness, absence on leave, or any other legal im- pediment of one or more of the judges or arbitrators com- Tao»nci«s. posing the above-mentioued 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 ifew York ; and the said court, so constituted as above, shall sit, and, in all cases brought be- fore them for adjudication, shall proceed to adjudge the same and pass sentence 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 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, his place shall be filled by the United States Consul, or, in the unavoidable ab- sence of the Consul, by the United States Vice-Consul. In case the va- cancy be both of the United States judge and of the United States ar- bitrator, 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- Consulto 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 ViceConsul to fill ad interim the va- cancies, then the British judge and the British 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 va- cancy be that of the British judge, his place shall be filled by the Brit- ish arbitrator ; and either in that case, or in case the vacancy be orig- inally that of the British arbitrator the place of such arbitrator shall be flUed by the Governor or Lieutenant Governor resident in such pos- session ; 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. 3769 TR 30 466 TREATIES AND CONVENTIONS. Fourthly. On the part of Great Britain, and m that court which shall sit within the territories of the United States of America : If the Ta- cancy be that of the British judge, his place shall be filled by the Brit- ish arbitrator ; and either in that case or in case the vacancy be origin- ally 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 British 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 it 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- 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- Kot.»ofvac.nc ^^^^^^^S P^rty whcrB the mixed courts of justice shall sit, Kot.»o vac.nc7. gjjg^jj^ ^^ |.]jg gyent of a vacaucy arlslug, 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 abovei-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 pre- ceding 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 sixty -two. SEAL. SEAL.' William H. Sewaed. Lyons. 1863. ADDITIONAL ARTICLE TO THE TREATY FOR THE SUPPRESSION OF THE AFRICAN SLAVE TRADE OF APRIL 7, 1862. Concluded February 17, 1863 ; ratifications exchanged at London April 1, 1863 ; proclaimed April 22, 1863. Whereas, by the first article of the treaty between the Unite^ States oi' America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, for the suppression of the African slave trade, signed at Washiugton on the 7th of April, 1862, it was stipulated and agreed that those ships of the respective navies of the two high contracting parties which shall be provided with special instructions for that purpose as thereinafter mentioned, may visit such merchant vessels of the two nations as may, upon reasonable grounds, be sus- pected 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 GREAT BRITAIN, 1863. 467 trade contrary to the provisions of the said treaty ; and that such cruisers may detain aud 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 tjie distance of two hundred miles from the coast of Africa, and to the southward of the thirty-second parallel of north latitude, and within thirty leagues from the coast of the island of Cuba ; and whereas the two high contracting parties are desirous of rendering the said treaty still more efiBcacious for its purpose: the Plenipo- Kiirbtof.ear=h,nd tentiaries who signed the said treaty have, in virtue of tovSyofceS! their full powers, agreed that the reciprocal right of visit "'''°'''- and detention, as defined in the article aforesaid, may be exercised also within thirty leagues of the island of Madagascar, within thirty leagues of the island of Puerto Eico, and within thirty leagues of the island of San Domingo. The jtresent additional article shall have the same force and validity as it it had been inserted word for word in the treaty con- sg^^,ibi,mM, eluded between the two high contracting parties on the 7th of April, 18G2, and shall have the same duration as that treaty. It shall be ratified, and the ratifications shall be exchanged at Loudon in six months from thl^ date, or sooner if possible. ^^"■"o«'- In witness whereof the res'pective Plenipotentiaries have signed the same, and have thereunto afiflxed 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. SEAL. I William H. Sewaed. :| SEAL.] Lyons. 1863. TEEATY FOE THE FINAL SETTLEMENT OF THE CLAIMS OF THE HCDSON'S BAY AND PUGET'S SOUND AGEICULTUEAL COMPANIES. Concluded July 1, 1863; ratifications exchanged at Washington March Z,. 1864; proclaimed March 5, 1864. The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being desirous to pro- vide for the final settlement of the claims of the Hudson's Bay and Pnget's Sound Agricultural Companies, specified in Articles III and IV of the treaty concluded between the United States of America aud Great Britain on the 15th of June, 1846, have resolved to conclude a treaty for this 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 Eichard Bickerton Pemell, Lord Lyons, a peer of her United King- Negotiator.. dom, 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 468 TREATIES AND CONVENTIONS. powers, foand in good and due form, have agreed upon and concluded the following articles : Aetiole I. Whereas by the Illd and lYth articles of the treaty concluded at Washington on the 15th day of June, 1846, between the v»Z""cE of United States of America and Her Majesty the Queen of li,6e™'so«nd^A°E?f- thc Fuited Kingdom of Great Britain and Ireland, it was cniturai compaoie. gtip^iated aud agrecd 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 maybe 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 property of every description, belonging to the Puget's Sound Agricult- ural Company, on the north side ot the Columbia Eiver, should be con- firmed to the said company, but that in case the situation of those farms and lands should be considered by the United States 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, appoint 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 Where oorami.- carlicst convcnieut period after they shall have been re- Ind how'S K "S- spectively named, meet at the city of Washington, in the '°^ District of Columbia, and shall, before proceeding to any business, make and subscribe a solemn declaration that they will im- partially 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 tlieir own country, all the matters referred to them for their decision, and such declaration shall be entered on the record of their iproceedings. The Commissioners shall then proceed to name an Arbitrator or Umpire um irfc ^ 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 GREAT BEITAIN, 1863. 469 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 vacancy ■■. omce omitting or declining or ceasing to act as such Arbitrator or °' """■'"• 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 to consider the decision of the two Commissioners conjointly, DeciBion to be or of the Arbitrator or Umpire, as the case may be, as final ':<"«"<'«ea«iiai. and conclusive on the matters to be referred to their decision, and forth- with to give full effect to the same. Aeticle 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 be 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 by the Arbitrator or Umpire, on account of any claim, shall A„„,j,<,fcomini8. be paid by the onie 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 .ifter 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 from the date hereof, or earlier if possible. KM,ficat>oa». 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. SEAL. SEAL. 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 on the part of Her Britannic Majesty. 470 TEEATIES AND CONVENTIONS. 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 th'ird and fourth arti- cles of the treaty of June 15, 1846, commonly called the Oregon treaty, and in 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 the manner provided by the fourth article of the treaty of July 1, 1863, 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 two 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. A1EX4HDEE S. Johnson, Commissioner on the part of the United States. John Eose, Commissioner on the part of Her Britannic Majesty. 1870. CONVENTION * RELATIVE TO NATURALIZATION. Concluded May 13, 1870 ; ratifications exchanged at London 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 de- sirous to regulate the citizenship of citizens of the United States of . America who have emigrated or who may emigrate 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 Plenipotentiaries, that is tp 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 Negotiators ^^ ^^^ Uultcd Klugdom of Great Britain and Ireland, the Eight Honourable George William Frederick, Earl of Claren- don, Baron Hyde of Hindon, a peer of the United Kingdom, a member of Her Britannic Majesty's most honourable Privy Council, Knight of the most noble Order of th e Garter, Knight Grand Cross of the most hon- * See also Convention of Febmary 23, 1871. GREAT BRITAIN, 1870. 471 Durable Order of the Bath, Her Britannic Majesty's Principal Secretary of State for Foreign Afiairs; 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 become, or shall become, and are naturalized according to law within the Brit- oiMzen. or .itter ish dominions as British subjects, shall, subject to the pro- S'^E^Ju,"^!""''""' visions of Article II, be held by the United States to be 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. Such citizens of the United States as aforesaid who have Renupcution »f become and are naturalized within the dominions of Her °«'"«'«"«i>'°- 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, ^ . .^^ naturalized within the dominions of Her Britannic Majesty, re.ideiiceTn"if "? should renew his residence in the United States, the United ™Sto°r«d°to S'L^ CM_ A /-t 1 1' i'j*-i 1 s^ip there, end no IStates Government may, on his own application and on such ciafm to be made for conditions as that Government may think fit to impose, re- fo™e"°"°tSaiizi' 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 JBritish 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. 472 TREATIES AND CONVENTIONS. Article IV. Ratifications Thepicseut convention shall be ratified by the President at. cations. ^^ ^^^ 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 from the date hereof. In witness whereof the respective Plenipotentiaries have signed the same, and have afiSxed thereto their respective seals. Done at London the thirteenth day of May, in the year of our Lord one thousand eight hundred and seventy. SEAL. SEAL. John Lotheop Motley. Clarendon. 1870. additional convention to the TKEATY of APRIL 7, 1S62, RESPECT- ING THE A.PRICAN SLAVE TRADE. Concluded June 3, 1870 ; ratifications exchanged at London 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 Gape of Good Hope, and at New York, in pursuance of the treaty concluded at 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, Sec- retary of State, and Her Majesty the Queen of the United Negotmtors. Klugdom of Great Britain and Ireland, Edward Thornton, Esquire, Companion of the Order of the Bath, and Her Envoy Extra- ordinary 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. Everything contained in the treaty concluded at Washington on the Treaties reiativeto ^th of Apdl, 1862, bctwcen the Uulted States of America miiedcDurts. a^Q^ 2er Majesty the Queen of the United Kingdom of Great Britain and Ireland, for the suppression of the African slave trade* and in the annexes A and B thereto, which 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, and 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 GREAT BRITAIN, 1870. 473 done or taken in virtue thereof, before this additional convention shall he ofiScially 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 dispatch 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,„,8d;ctiono. exchange of the ratifications of the present additional con- ^^<'^'""^'^- , 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 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 maiuner as by the law of the country where the court sits is allowed in other cases of maritime prize. Article III. It is agreed that in case of an American merchant vessel searched by a British cruiser being detained as having been engaged in i,i,p„,,, orvessai the African slave trade, or as having been fitted out for the a«ameaa8aaiaver. purposes thereof, she shall be sent to New Tork or Key West, which- ever shall be most accessible for adjudication, or shall be banded 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 master, crew, or other persons found on board of any such 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. ' AH 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 au- 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 ofdcer in charge, and other necessary witnesses and proofs, shall accompany the vessel. 474 TREATIES AND CONVENTIONS. Aeticle IV. It is mutually agreed that the instructions for the ships of the navies of both nations destined to prevent the African slave trade, naStotKonTen- wMch arc aunexcd to this convention, shall form an integral SoS^'-A^'oSmer part thcrcof, and^hall 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. 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 eiSS'fa'abSeVe- givcu by onc of the high contracting parties to the other, in the manner prescribed by Article XII thereof. Article VI. spect Present treaty to be communicated to mixed courts, &c. The high contracting parties engage to communicate the present convention 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. Diitation of con- Thc prcscnt additional convention shall have the same veation. duratiou as the treaty of the 7th of April, 1862, and the additional article thereto of the 17th of February, 1863. It shall be ratified, 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. SEAL.] Hamilton Fish. SEAL.J Edwd. Thornton. ANNEX TO THE ADDITIONAL CONVENTION BETWEEN THE UNITED STATES OP AMERICA AND GREAT BRITAIN, FOR THE SUPPRESSION OP THE AFRI- CAN SLAVE TRADE. SIGNED AT WASHINGTON ON THE THIRD DAY OF JUNE, 1870. Instructions for the sMps of the United States and British navies employed to prevent the African slave trade. Article I. . i The commander of any ship belonging to the United States or British navy, which shall be furnished with these instructions, shall Right of search, jj^ye a rfght to scarch and detain any United States or British merchant vessels which shall be actually engaged, or suspected to be eu- gaged,in theAfrican slave trade, orto bcLfltted outfor the purposes them- of, orto have been engaged in such trade during the voyage in which ^e 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 GREAT BRITAIN, 1870. 475 (save in the case provided for in Artitjle 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 and detained as aforesaid by a British cruiser, she shall be sent to New York or Key i,i,p„,ai or cap- West, whichever shall be most accessible, or be handed «""''"»»«'■ over to an United States cruiser, if one should be available in the neigh- borhood of the capture. In the case of a British vessel searched and detained as afordsaid by an United States cruiser, she yhall 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 the provisions of the treaty of the 7th of April, 1862, and of <=°°''''"°'''°"°'^ 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 III. The commander of any ship of the two navies, duly authorized as aforesaid, who may detain any merchant vessel in pursuance ji„,;o„ i„ ^, „, of the tenor of the present instructions, shall leave on board 'i"™"°°- 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 in 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 tor 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 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 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. 476 TREATIES AND CONVENTIONS. Article IV. All the negroes or others (necessary witnesses excepted) who may be ui3 osaiof cr«o»s '^^ ^^oaid Cither an American or a British detained vessel, for o"board'''a°dMatael the purposo of bciug consigned to slavery, shall be handed over by the commander of the capturing ship to the nearest British authority. Article Y. Jq case any merchant vessel detained in pursuance of the present in- Detention of an structious shouM i)rove to be unseaworthy, or in such a con- unaeawotthy vesasi. jitjon Rs not to bc takeu iu for adjudication as directed by the additional convention of this date, the commander of the detaining cruiser may tate upon himself the responsibility of abandoning or de- stroying 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 ol the abandonment or destruction of a detained vessel, the 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. fSBAL.' [SEAIi. Hamilton Fish. Edwd. Thornton. 1871. CONVENTION CONCERNING THE RENUNCIATION OP NATURALIZATION IN CERTAIN CASES, SUPPLEMENTAL TO THE CONVENTION OF MAY 13, 1870. Signed February 23, 1871 ; ratifications exchanged at Washington 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 tbe 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 . GREAT BRITAIN, 1871. 477 may be made and pablicly 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 :^ritain 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 Heg„,ia,to,s Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir Edward Thornton, Knight Commander of the Most Honorable Order of the Bath, and her Envoy Extraordinary and Min- ister Plenipotentiary to the United States of America ; who have agreed as follows : Aetiole I. Any person, being originally a citizen of the United States, who had previously to May 13th, 1870, been naturalized as a British subject, may, at any time before August 10th, 1872, and any „„^S,w"°° b°/ British subject who, at the date first aforesaid, had been s°g™» °of'™i.« naturalized as a citizen within the United States, may, at any TalltC:'"'''"'^ time before May 12th, 1872, publicly declare his renuncia- tion of such naturalization by subscribing an instrument in writing, sub- stantially in the form hereunto appended, and design3,ted as Annex A. Such renunciation, by an original citizen of the United States, of Brit- ish nationality, shall, within the territories and jurisdiction ifwiti,™ the united of the United 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 coiirt : if the declarant be beyond the territories of the Uni- riMry?f°?L'umS ted States, it shall be made In duplicate, before any diplo- matic or consular of&cer of the United States. One of such duplicates shall remain of record in the custody of the court or ofScer Kenunoiatioi, how in whose 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 acquired nationality as a citizen of the United States, shall, „ ;„ ^^ ^^^^^^ if the declarant be in the United Kingdom of Great Britain k™*'""'- and Ireland, be made in duplicate, in the presence of a justice of the peace ; if elsewhere in Her Britannic Majesty's dominions, k elsewhere in the ia triplicate, in the presence of any judge of civil or criminal ■^""* '"'"°'"i°°"- jurisdiction, of any justice of the peace, or of any other ofBcer 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 ofQcer in the diplomatic or consular service of Her Majesty. Aeticle II. The contracting parties hereby engage to communicate each to the other, from time to time, lists of the persons who, within their ^ists of i,er»on. respective dominions and territories, or before their diplo- SKtion'to^be maticand consular ofScers, have declared their renunciation ''■"■°'*=i 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. 478 TREATIES AND CONVENTIONS. Article in. The present conventioo shall be ratified by the President of the Uni- ted States, by and with the advice and consent of the Senat« EatiBcationn. t^ereof, 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. SEAL. Hamilton Fish. Edwd. Thornton. Annex A. I, A. B., of [insert abode], being originally a citizen of the United f dsciara ^^^^cs of Amcrica, [or a British subject,] and having be- tion°™rmi.i.SLt"; come naturalized within the dominions of Her Britannic ° °""'°'^"'°°- Majesty as a British subject, [or as a citizen within the Uni- 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 naitionality as a citizen of the United States, [or British subject.] (Signed) A. B. Made and subscribed to before me, , in [insert country or other subdivision, and State, province, colony, legation, or consulate,] this day of ,187-. (Signed) B. F., Justice of the Peace [or other title.] SEAL. SEAL. Hamilton Fish. Ed"wd. Thornton. 1871.* treaty RELATIVE TO CLAIMS, FISHERIES, NAVIGATION OF THE ST. LAW- RENCE, &c. ; AMERICAN LIMBER ON THE RIVER ST. JOHN; BODNDARY. Concluded May 8, 1871; ratifications exchanged at London June 17, 1871; proclaimed July i, 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 purpose appointed their re- spective Plenipotentiaries, that is to say : The President of the United ■ States has appointed, on the part of the United Stated, as Nemtmtor.. Commissioncrs in a Joint High Commission and Plenipoten- tiaries, Hamilton Fish, Secretary of State ; Eobert Oummiag Schenck, Envoy Extraordinary and Minister Plenipotentiary to Great Britain ; Samuel Nelson, an Associate Justice of the Supreme Court of the United States ; Ebenezer RockwoodHoar, of Massachusetts ; and George Henry Williams, of Oregon ; and Her Britannic Majesty, on her part, has ap- pointed as her High Commissioners and Plenipotentiaries, the Eight * See Notes: "Abrogated, suspended, or obsolete treaties " GEEAT BKITAIN, 1871. 479 Honourable George Frederick Samuel, Earl de Grey and Earl of Eipon, 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 ISfoble Order of the Garter, etc., etc. ; the Right Honourable Sir Stafford Henry Northcote, Baronet, one oif Her Majesty's Most Honourable Privy Council, a Member of Parliament, a Companion of the Most Honorable 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 : Aeticle I. Whereas differences have arisen between the Government of the Uni- ted States and the Government of Her Britannic Majesty, and still exist, growing out of the acts committed by the t? bl Sred to'S- several vessels which have given rise to the' claims generi- cally known as the "Alabama Claims:" 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 such claims which are not admitted by Her Britannic Maj- esty's Government, the high contracting parties agree that all the said claims, growing out of acts committed by the aforesaid ves- sels, and generically known as the "Alabama Claims," shall be referred to a tribunal of arbitration to be composed of five Arbitrators, to be ap- pointed in the following mariner, that is to say : One shall be named by the President of the United States"; one shall be named by Her Britan- nic Majesty ; His Majesty the King of Italy shall be requested to name one ; the President of the Swiss Confederation shall be requested to name one ; and His Majesty the Emperor of Brazil shall be requested to name one. In case of the death, absence, or incapacity to serve of any or either of the said Arbitrators, or, in the event of either of the said Arbitrators omitting or declining or ceasing to act as such, the President of the United States, or Her Britannic Majesty, or His Majesty the King of Italy, or the President of the Swiss Confederation, or His Majesty the Emperor of Brazil, as the case may be, may forth- with name another person to act as Arbitrator in the place and stead of the Arbitrator originally named by such head of a State. And in the event of the refusal or omission for two months after re- ceipt of the request from either of the high contracting parties of His Majesty the King of Italy, or the President of the Swiss Confederation, or His Majesty the Emperor of Brazil, to name an Arbitrator either to 480 TREATIES AND CONVENTIONS. fill the original appointment or in the place of one who may have died, be absent, or incapacitated, or who may omit, decline, or from any cause cease to act as such Arbitrator, His Majesty the King of Sweden and ^Norway shall be requested to name one or more persons, as the case may be^ to act as such Arbitrator or Arbitrators. Article II. The Arbitrators shall meet at Geneva, in Switzerland, at the earliest Arbitrators to convcnlent day aftcr they shall have been named, and shall meet, "he " and procccd impartially and carefully to examine and decide all questions that shall be laid before them on the part of the Their cowers. Govemments of the United States and Her Britannic Maj- A majority to de- ^sty respectlvcly. All questions considered by the tribunal, '^^^ including the final award, shall be decided by a majority of all the Arbitrators. Each of the high contracting parties shall also name one person to attend the tribunal as its Agent to represent it generally in Agent o eae part7 ^jj ^j^^^gpg connccted wlth thc arbitration. Article III. The written or printed case of each of the two parties, accompanied by the documents, the official correspondence, and other evi- whento'bTiiJerfo deucc ou which each relies, shall be delivered in duplicate r .tratora. ^^ each of the Arbitrators and to the Agent of the other party as soon as maybe after the organization of the tribunal, but within a period not exceedin'g six months from the date of the exchange of the ratifications of this treaty. Article IV. Within four months after the delivery on both sides of the written or printed case, either party may, in like manner, deliver in duplicate to each of the said Arbitrators, and to the Agent of the other party, a counter case and additional documents, correspond- ence, and evidence, in reply to the case, documents, correspondence, and evidence so presented by the other party. The Arbitrators may, however, extend the time for delivering such Time mny bo ei- couutcr casc, documcuts, correspondence, and evidence, tended. whcu, lu thclr judgment, it becomes necessary, in conse- quence of the distance of the place from which the evidence to be pre- sented is to be procured. If in the case submitted to the Arbitrators either party shall have spe- Docnraentsandpa- clfled Or alludcd to auy report or document in its own exclu- pers to be prod«,:ed. gjyg possesslou wlthout anuexlug 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 Arbitrators, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the Arbitrators may require. ■ Article Y. It shall be the duty of the Agent of each party, within two months Arenmenta and aftcr thc explration of the time limited for the delivery of briefs. tjjg counter case on both sides, to deliver in duplicate to each of the said Arbitrators and to the Agent of the other party a written or Counter case. GEEAT BRITAIN, 1871. 481 printed argument showing the points and referring to the evidence upon which his Government relies ; and the Arbitrators may, if they desire farther elucidation with regard to any point, require a written or printed statement or argument, or oral argument by counsel upon it ; but in such case the other party shall be entitled to reply either orally or in writing, as the case may be. Aetiole VI. In deciding the matters submitted to the Arbitrators, they shall be governed by the following three rules, which are agreed upon by the high contracting parties as rules to be taken as ap- the. Arbitrate™ m plicable to the case, and by such principles of international law not inconsistent therewith as the Arbitrators shall determine to have been applicable to the case. ETJIiES. A neutral Government is bound — First, to use due diligence to prevent the fitting out, arming, or equip- ping, within its iurisdiction, of any vessel which it has rea- „^,. ■'^°i, Till. -'-iTTi ■ J. ObUgatioM o? neu- sonable ground to believe is intended to cruise or to carry on tr^i GoTemment to P, -T-. -jT -I. I.J. , TTj_ 1SB due diligenco to war against a Power with which it is at peace ; and also to preveiit^^ th^B^fittmg use like diligence to prevent the departure from its juris- diction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in whole or in part, within such jurisdiction, to warlike use. Secondly, not to permit or suffer either belligerent to make use of its ports or waters as the base of naval operations against the ^^^ ^ ^^^.^ . other, or for the purpose of the renewal or augmentation of porw t<.°b?"Te'd wr .... ' ,. -^ ^ ^ ,, .. . rt certain purposcB. miUtary supplies or arms, or the recruitment of men. Thirdly, to exercise due diligence in its own ports and , ^., waters, and, as to all persons within its jurisdiction, to pre- to pre™t violation vent any violation of the foregoing obligations and duties. Her Britannic Majesty has commanded her High Commissioners and Plenipotentiaries to declare that Her Majesty's Government Thewruies notad- cannot assent to the foregoing rules as a statement of prin- ^'^tiS ^^n^ ciples of international law which were in force at the time arL'o'bSM Jiv™ when the claims mentioned in Article I arose, but that Her i'>f'"'""<:»»s»- Majesty's Government, in order to evince its desire of strengthening the Mendly relations between the two countries and of making satisfactory provision for the future, agrees that in deciding the questions between the two countries arising out of those claims, the Arbitrators should as- sume that Her Majesty's Government had undertaken to act upon the principles set forth in these rules. And the high contracting parties agree to observe these rules as be- tween themselves in future, and to bring them to the knowledge of other maritime Powers, and to invite them to accede to them. Aetiole VII. The decision of the tribunal shall, if possible, be made within three months from the close of the argument on both sides. It shall be made in writing and dated, and shall be signed mSerXnimdta by th« Arbitrators who may assent to it. witatfcrm. 3769 TK— 31 482 TEEATIES AND CONVENTIONS. The said tribunal shall first determine as to each vessel separately whether Great Britain has, by any act or omission, failed to To be m ade as to each vessel sepa- rately, 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 SiuitTerosI each of the said vessels. In case the tribunal find that mm may be awarded. Qj.^^^ Britain has fallcd to fulfll auy 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. j,gfgj,pg^ ^q jj. . .^^^ jjj g^,]^ gg^gg ^]jg gpogg gum SO awardcd 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 dut"cate, '°and° Z tfac othcr copy shall be delivered to the Agent of Great Brit- whom deliTeret]. . « ■. . j~r , am for his Government. AKTiCLE Vni. Each Government shall pay its own Agent and provide for the proper remuneration of the counsel employed by it and of the Ar- arbSS "' ""^ bitrator appointed by it, and for the expense of preparing 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. Article IX. The Arbitrators sball keep an accurate record of their proceedings, Arbitratoratokeep ^ud may appolut Siud cffiploy the necessary oflBcers to assist a record. them. Article X. In case the tribunal finds that Great Britain has failed to fulfll any If Great Britain i. duty or dutics as aforesaid, and does not award a sum in S '°nm""'s °°not gross, thc high contracting parties agree that a board of as- SS t°o''°b"''ap- sessors shall be appointed to ascertain and determine what da"™ " '''""°"°'' claims are valid, and what amount or amounts shall be paidl by Great Britain to the United States on account of the lia- 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' How to be oonati- thcrcof shall be named by the President of tbe United States,, tuted. Qjjg member thereof shall be named by Her Britannic Maj- esty, and one member thereof shall be named by the Eepresentativ^ at Washington of His Majesty the King of Italy ; and in case vacaneie.. q£ g^ vacaucy happcuiug 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 Board to meet ^6 orgaulzcd In Washiugtou, with power to hold their sit- "ten. tings there, or in New York, or in Boston. The members thereof shall severally subscribe a solemn declaration that they will im- partially and carefully examine and decide, to tlia bQSA of their judg- GREAT BRITAIN, 1871. 483 ment and according to justice and equity, all matters submitted to them, and shall forthwith proceed, under such rules and regula- x^^i, „„„„, .„j tions as they may prescribe, to the investigation of the *'"'=°- claims which shall be presented to them by the Government of the United States, and shall examine and decide upon them in such order and manner as they may think proper, but upon such evidence or infor- mation 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 person on be- half of each Government, as counsel or agent. A majority a mwrity to ds- of the Assessors in each case shall be sufficient for a deci- "'''"■ sion. The decision of the Assessors shall be given upon each DecMon, whon and claim in writing, and shall be signed by them respectively ''°" '"'"^ e"™ and dated. Every claim shall be presented tothe Assessors within six months from the day of their first meeting, but they may, for ,ented'° w°th^ "IS good cause shown, extend the time for the presentation of ""'°""- any claim to a further period not exceeding three months. The Assessors shall report to each Government, at or before the ex- piration of one year from the date of their first meeting, the Export or Aase.- amount of claims decided by them up to the date of such ■'°"- 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 six months. The report or reports shall be made in duplicate, and one copy thereof shall be delivered to the Secretary of State of ^„?°j Xm d"'i! the United States, and one copy thereof to the Eepresenta- ''"^■ tive of Her Britannic Majesty at Washington. All sums of money which may be awarded under this article shall be payable at Washington, in coin, within twelve months after a„„j,, „h^„ ,„j the delivery of each report. """"^ "> ^^ ■■""'■ The board of assessors may employ such clerks as they 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 found expedient, on the production of accounts certified by Eipen.e.. the board. The remuneration of the Assessors shall also be paid by the two Governments in equal moieties in a similar manner. Article XI. The high contracting parties engage to consider the result of the proceedings of the tribunal of arbitration and of the board of Assessors, should such board be appointed, as a full, per- ArtSto?' una a.° feet, and final settlement of all the claims hereinbefore re- »='=-"">'•=''-'• ferred 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 the conclusion of the proceedings of the tribunal or board, .eS™ beteeS be considered and treated as finally settled, barred, and ''""'"'""'''• thenceforth inadmissible. 484 TREATIES AND CONVENTIONS. AETIOLE XIL The high contracting parties agree that all claims on the part of cor- certain ciai poratioHs, cooipanies, or private individuals, citizens of the cwmsfH^aVnii T^JJitcd Statcs, upon the Government of Her Britannic to^'C felfT'L' ^^J^isty, arising out of acts committed against the persons three "o'mmi" or propcpty of citizcns of the United States during the period between the thirteenth of April, eighteen hundred and sixt j- 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 corporations, companies, or private individuals, subjects of Her Britannic Majesty, npon the Government of the TJnited 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 pre- sented 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, shall Their appointment ^^ Tcferred to thrcc Commissioners, to be appointed in the following manner, that is to say: One 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 Com- missioner shall be named by the Eepresentative at Washington of His Vacancies Majesty thc King of Spain. In case of the death, absence, or incapacity of any Commissioner, or in the event of any Commissioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefore provided for making the original apjMjintment; the period of three months in case of such substitution being calculated from the date of the happening of the vacancy. The Commissioners so named shall meet at Washington at the earliest Their powers and conveuicnt pcrlod after they have been respectively named; duties. g^Q^ shall, before proceeding to any business, make and sub- scribe a solemn declaration that they will impartially ahd 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. Abticle XIII. The Commissioners shall then forthwith proceed to the investigation ciaimB to be in- of thc cMms whlch shall be presented to them. They shall Testigated. iuvcstigate and decide such claims in such order and such 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- Amajorit to decide ^^*® clalm. A majority of the Commissioners shall be suffi' m ontyto eci e. ^jg^^ j^j. ^^ award lu cach case. The award shall be given GREAT BRITAIN, 1871. 485 upon each claim in writing, and shall be signed by the Commissioners assenting to it. It shall be competent for each Government . i i -I 1 7 *"* * • • J 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 ^^^^ „i^^^ ^oy with the investigation and decision thereof. "°'"°°'- The high contracting parties hereby engage to consider ,, jl • P nj.1 ri ■ • it5i^i 1 decisions to be Bull. the decision of the Commissioners as absolutely final and conelusive 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 pre»e3''to"'the the Commissioners, and then, and m 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 1 * • It • I n ji 1 fit' When to be decided. 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, n f J 1 ■ 1 1, ^ J.-L. 'j-i in J. T Commissioners to preferred, and laid betore them, either wholly or to any and decide irany case;. what extent, according to the true intent and meaning of ''""''''' "''''"'^ "■"■"■ 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 A„„d.,wbei.tobe to the other, as the case may be, within twelve months after ""'■'• the date of the final award, without interest, and without any deduction save as specified in Article XVI of this treaty. 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- Records. sary ofQcer, or ofScers, to assist them in the transaction of secretary. the business which may come before them. Each Government shall pay its own Commissioner and Agent or Counsel. All other expenses shall be defrayed by the two Expe-ses. Governments in equal moieties. The whole expenses of the commission, including contingent expenses, shall be defrayed by a ratable deduction on the amount of to be charged upon the sums awarded by the Commissioners, provided always """"''■ that such deduction shall not exceed the rate of five per ^ot over sve per cent, on the sums so awarded. , ™°'' Article XVII. The high contracting parties engage to consider the result of the pro- ceedings of this commission as a full, perfect, and final settlement of all such claims as are mentioned in Article „i"toSMbe'fin"i XII of this treaty upon either Government ; and further Ifem^j^^Z'mtv. engage that every such c'aim, whether or not the same may """^x" have been presented to the notice of, made, preferred, or laid before the 486 TREATIES AND CONVENTIONS. said commission, shall, from and after the conclusion of the proceed- ings of the said commission, be considered and treated as finally set- tled, barred, and thenceforth inadmissible. Aeticle XVIII. It is agreed by the high contracting parties that, in addition to the Riehtoftheinhab- liberty secured to the United States fishermen by the con- swS ii ?enSS"ea ventlou bctwceu the United States and Great Britain, signed ii.iierfe= in common. a,t Loudoii OH 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 seeArticiesxxxn thc tcim of years mentioned in Article XXXIII of this and XXXIII. 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 withi 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 Liberty applicable sca flshcry, aud that the salmon and shad fisheries, and all Boieiy to «ea fishery, other flsherics in rivers and the mouths of rivers, are here- by reserved exclusively for British fishermen. Article XIX. It is agreed by the high contracting parties that British subjects shall have, in common with the citizens of the United States, ofBriii'sVs.ibS'i" the liberty, for the term of years mentioned in Article Sn™'rVin''coLBTf XXXIII of thls trcaty, to take fish of every kind, except 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- sceArticieaxxxii ours, aud crccks of the said sea-coasts and shores of the and XXXIII. United States and of the said islands, without being re- 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 . 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 tothe Liberty applicable Sea fishery, and that salmon and shad fisheries, and all other ™iyto«eafi.hery. figheries in rivers and mouths of rivers, are hereby reserved exclusively for fishermen of the United States. Aeticle XX. It is agreed that the places designated by the Commissioners appointed under the first article of the treaty between the United aemjTrrom^tlfcmn- Statcs aud Grcat Britain, concluded at Washington on the mon riehto Dahiag. g^j^ of Juuc, 1854, upou thc coasts of Her Britannic Majesty's &feEA¥ feEltAIN, 1871. -4^7 domiDions and the United States, as places reserved from the common right of fishing under that treaty, shall be regarded as in seeArUciesxxxn like manner reserved from the common right of fishing ""J^xxiu. 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 comn>i«.ioi. w de- to designate such places, and shall be constituted in the «e=ate»uch place.. same mammer, ahd have the same powers, duties, and authority 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 certain ushoii and the inland lakes, and of the rivers falling into them, and fi»hMi'=f««<>f'i°w- except fish preserved in oil,) being the produce of the fish- seeArtMeBxxxu eries of the United States, or of the Doniinion of Canada, ""■ixxxm. or of Prince Edward's Island, shall be admitted into each country, respect- ively, firee 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 commiBaioner. to States under Article XVIII of this treaty are of greater SSoa! ii'lr^'Z value than those accorded by Articles XIX and XXI of Ef„it,r''statt. *? this treaty to the subjects of Her Britannic Majesty, and SSiViTionhiS this assertion is not admitted by the Government of the '"""'■ 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 ti'eaty, 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- missioners may so award shall be paid by the United States A™d,wi,entobe Government, in a gross sum, within twelve months after ""''■ such award shall have been given. Article XXIII. The Commissioners referred to in the preceding article shall be ap- pointed in the following manner, that is to say : One Com- commissioners, missioner shall be named by the President of the United !■<""<> teappointad. States, one by Her Britannic Majesty, and a third by the President of the United States and Ret Britannic Majesty conjointly ; and in case the third Commissioner shall not have been so named within a period of three months from the date when this article shall take effect, then the third Commissioner shall be named by the Eepresentative at London of His Majesty the Emperor of Austra and King of Hungary. In case of the death, absence, or incapacity of any Commissioner, or ^^ ^ .^ in the event of any Commissioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefore provided for making the origiual appointment, the period of three months in case of 488 TREATIES ANB CONVENTIONS. such substitution being calculated from the date of the happening of the vacancy. The Commissioners so named shall meet in the city of Halifax, in the When and where pfoviuce of Nova Scotla, at the earliest convenient period to meet. after they have been respectively named, and shall, before TTieir powers and procceding to auy business, make and subscribe a solemn datiea. declaratiou that they will impartially and carefully examine and decide the matters referred to them to the best of their jjidgment, 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 Aeents for each attcod the commlssiou as its Agent, to represent it gener- Government. ^lly lu all mattets coDuected with the commission. Aetiolb XXIV. The proceedings shall be conducted in such order as the Commis- sioners appointed under Articles XXII and XXIII of this ceed°ng°befcretVe°e trcatv shall determine. They shall be bound to receive CommiBsionerB. -i . ., , . .- •j.t r^ j_ such oral 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 Documenta and speciflcd Or alludcd to any report or document in its own papers. cxclusive 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 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 Cases to be closed from thc date of the organization of the Commission, and .nsixmonrha. the Commissioucrs shall be requested to give their award 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 contem- plated in Article XXIII of this treaty. Aetiolb XXV. The Commissioners shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof, and Eecorda. ^^^ appolut and employ a Secretary and any other neces- sary officer or officers to assist them in the transaction of Secretary. ^^^ busiucss whlch may come before them Each of the high contracting parties shall pay its own Commissioner and Agent or Counsel; all other expenses shall be defr^ed Eipense,. ^^ ^-^^ ^^^ Govcmments in equ'al moieties. Akticle XXVI. The navigation of the river St. Lawrence, ascending and descend- ing, from the forty -fifth parallel of north latitude, where it stlTawSe'to'be ccascs to form the boundary between the two countries, '""' from, to, and into the sea, shall forever remain free and open for the purposes of commerce to the citizens of the United States, GREAT BRITAIN; 1871. 489 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 ,-i«- ji«^j_i r- iji Of Other riverfl. retaam free and open tor 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 Govef nment of the Dominion of Canada to secure to the ^ ^^^ ^^ ^^^^ citizens of the United States the use of the WeUand, St. ofMueuwpfcBS Lawrence, and other canals in the Dominion on terms of bStScouBSeTwbe equality with the inhabitants of the Dominion; and the ™°''" Government of the United States engages that the subjects of Her Bri- tantic Majesty shall enjoy the use of the St. Clair Flats canal on terms of equality With the inhabitants of the United StateSj 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- tioned in Article XXXIII of this treaty, be free and open NayisauonofLBk, for the purposes of commerce to the subjects of Her Bri- «'"',Ba». 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 of this treaty, goods, wares, or merchandise arriving at the jp_,^^.^.^__^ ^^^ ^^^ ports of N'ew York, Boston, and Portland, and any other conJwaSi.t'r'iiMit ports in the United States which have been or may, from «h8°u*tef siS Sf time to time, be specially designated by the President of fm^JMrM wrt^ the United States, and destined for Her Britannic Majesty's Ss^'aiaofJg'o'S possessions in K"orth America, may be entered at the proper '°'°" ° °' '"''°"' custom-house 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 he 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- chandise arriving at any of the ports of Her Britannic Majesty's possessions in I'l'orth America and destined for iom"4"^^SSS- the United States may be entered at the proper custom- 'r^L^a'TiA'mw- house and conveyed in transit, without the payment of "'"'' duties, through the said possessions, under such rules and regulations, 490 TEEATIES AND CONVENTIONS. and conditions for the protection of the revenue, as the Governments of the said possessions may from time to time prescribe; and under 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 BntiBh .ubjeca of this treaty, subjects of Her Britannic Majesty may carry ^T8L°fgLlfti»?f in British vessels, without payment of duty, goods, wares, SSJu of°Se uS or merchandise from one port or place within the territory wtlfS'pSrtorlSch of the United States upon the St. Lawrence, the great ca'SiTby ia»d°aSd lakcs, and the rivers connecting the same, to another port in bind. Qj, 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- Statcs vesscls, without payment of duty, goods, wares, or icM ??°the''rnft"d merchandise from one port or place within the possessions states. Qf 2er 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 land carriage and in bond, under such rules and regulations as may be 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 Provision as to ei- ^uy cxpopt dutlcs ou goods, wares, or merchandise carried ?a"ied""nnd?r'"thu uudcr thls artlclc through the territory of the United States; article. ^ud Hcr Majcsty's Government engages to urge the Parlia- 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- Priviiegea granted iDg grautcd lu favor of the subjects of Her Britannic bl 'XeTd?d^ in "a Majcsty under this article in case the Dominion of Canada certain erent. should at any timc dcprfve the citizens of the United States of the use of the canals of 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 Provision as to ^^^^ ^^^ Parliament of the Dominion of Canada and thw dutr°on'i'umb'er cnt Lcglslaturc of Kew Bruuswick, that no export duty, or other liown'thY'st. jobn duty, shall be levied on lumber or timber of any kind cut DnM'"stlte8'°from ou that portlou of tho American territory in the State of Maine watered by the river St. John and its tributaries, and floated down that river to th'e sea, when the same is shipped to GREAT BRITAIN, 1871. 491 the United States from the province of New Brunswick. And, in case any such export or other duty continues to be levied after the expiration of one year from the date of the exchange of the ratifications of this treaty, it is agreed that the Government of the United States may sus- pend the right of carrying hereinbefore granted under Article XXX of this treaty for such period as such export or other duty may be levied. Article XXXII. It is further agreed that the provisions and stipulations of Articles XVIII to XXV of this treaty, inclusive, shall extend to p„viji„„,„fArti- the colony of Newfoundland, so far as they are applicable. ^'ei^fS sfJ- But if the Imperial Parliament, the Legislature of Newfound- '""»'"'""' land, or the Congress of the United States, shall not embrace the colony of Newfoundland in their laws enacted for carrying the foregoing articles into effect, then this article shall be of no effect; but the omission to make provision by law to give it effect, by either of the legislative bodies aforesaid, shall not in any way impair any other articles of this treaty. Article XXXIII. The foregoing Articles XVIII to XXV, inclusive, and Article XXX of this treaty shall take effect as soon as the laws required Time ror Articles to carry them into operation shall have been passed by the S"uxxx''totata 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 Congress of the United States on the other. Such assent having been given, the said articles shall remain in „„„ ^^g ^ ,,„„. 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 often years or at any time afterward. 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 » portion's? "b» between, the territories of the United States and those of tSeSn'uie '"united Her Britannic Majesty, from the point of the forty-ninth po'sMsiSSs ^en'or parallel of north latitude up to which it had already been Sf™ ^dCTa^firsi ascertained, should be continued westward along the said T(l°t^ ib^wl^Z parallel of north latitude " to the middle of the channel uon oV'thVEmperor 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 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 492 TREATIES AND CONVENTIONS. claims of the Grovernment of the TJnited States and of the Government of Her Britannic Majesty shall be submitted to the arbitration and award of His Majesty the Emperor of Germany, who, having regard to the above-mentioned article of the said treaty, shall decide thereupon, filially and without appeal, which of those claims is most in accordance with the true interpretation of the treaty of June 15, 1846. Abticlb XXXV. The award of His Majesty the Emperor of Germany shall be considered Award of the Era- as absolutcly fiual and conclusive; and full effect shall be K™ a°d'^S; given to such award without any objection, evasion, or de- andhowdeiiverej. ' lay whatsocvcr. 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 Eepresentatives 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 cue of the by thc cvldencc offered in support of the same, shall be ffid Sl'the" Ar° laid before His Majesty the Emperor of Germany within six withSwhat°tim6.° 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 Eepresentatives at Berlin. The high contracting parties may include in the evidence to be con- 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 communi- 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. Akticle XXXVII. If, in the case submitted to the Arbitrator, either party shall specify Papers and dora- Or alludc to auy report or document in its own exclusive menis. posscsslou wlthout annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish t^iat 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 Further evidence, point coutaiued lu thc 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. GREAT BEITAm, 1»71. 493 Article XXXVIII. The Eepresentatives or other pujjlic Agents of the United States and of Great Britain at'Berlin, respectitely, shall be considered as the Agents of their respective Governments to conduct .;tS°blfo™''!iT; their cases before the Arbitrator, \rho shall be requested to Arbitrator. 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. Aetiole 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 ArbUptor to pro- see fit, either in person, or by a person or persons named by uotii.Tnp"*'"'''^ him for that purpose, either in the presence or absence of 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 secretary .roiork. 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 coet6ande,pe„.e. been put to,in relation to this matter, which shall forthwith >»* >«"'»>'»»»!■'• be repaid by the two Governments in equal moieties. 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 ^^^^ ^^ ^^^_, been laid before him, and to deliver one copy thereof to and°wSn°and"hSw l-jTil •J»l to be deliTered. each of the said 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 n^M^^iom of the Senate 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. Done in duplicate at Washington the eighth day of May, in the year of our Lord one thousand eight hundred and seventy-one. SEAL. SEAL. SEAL.' SEAL.' SEAL.' SEAL.' SEAL.' SEAL.' SEAL.' SEAL. Hamilton Fish, eobt. 0. schenck. Samuel liTELSGN. Bbenezer Eockwood Hoar. Geo, H. Williams. De Grey & Eipon. Stafford H. Northoote. Edwd. Thornton. John A. Macdonald. MoTJNTAauE Bernabd. 494 TREATIES AND CONVENTIONS. AWARD OF THE EMPEROR OF GERMANY UNDER THE XXXIVth ARTICLE OF THE TREATY OF MAY 8, 1871, GIVING THE ISLAND OF SAN JUAN TO THE UNITED STATES. [Translation.] We, William, by the grace of God, German Emperor, King of Prussia, &c., &c., &c. After examination of the Treaty concluded at Washington on the 6th* of May, 1871, between the Governments of Her Britannic Majesty and of the United States of America, according to which the said Govern- ments have submitted to Our Arbitrament the question at issue between them, whether the boundary-line which, according to the Treaty of Washington of June 15, 1846, after being carried westward along the forty-ninth parallel of northern latitude to the middle of the channel which separates the continent from Vancouver's Island is thence to be drawn southerly through the middle of the said channel and of the Puca Straits to the Pacific Ocean, should be drawn. through the Eosario Chan- nel as the Government of Her Britannic Majesty claims, or through the Haro Channel as the Government of the United States claims ; to the end that We may finally and without appeal decide which of these claims is most in accordance with the true interpretation of the treaty of June 15, 1846. After hearing the report made to Us by the experts and jurists sum- moned by Us upon the contents of the interchanged memorials and their appendices — Have decreed the following award: Most in accordance with the true interpretations of the Treaty con- cluded on the 15th of June, 1846, between the Governments of Her Britannic Majesty and of the United States of America, is the claim of the Government of the United States that the boundary -line between the territories of Her Britannic Majesty and the United States should be drawn through the Haro Channel. Authenticated by Our Autographic Signature and thei impression of the imperial great seal. Given at Berlin, October the 21st, 1872. [SEAL.] ' WiLLLAJI. 1873. CONVENTION RESPECTING PLACES FOR HOLDING SESSIONS OF THE COM- MISSIONERS UNDER THE TWELFTH ARTICLE OF THE TREATY OF MAY 8, 1871. Concluded January 18, 1873; Ratifications exchanged at Washington April 10, 1873; Proclaimed April 15, 1873. Whereas, pursuant to the Xllth Article of the treaty between the United States and Her Britannic Majesty of the 8th of May, 1871, it was stipulated that the Commissioners therein provided for should meet at Washington; but whereas it has been found inconvenient in the summer season to hold those meetings in the city of Washington, in order to avoid such inconvenience, the President of the United States * So in the original. The date of the treaty is, however, May 8th. GREAT BRITAIN, 1873. 495 has invested Hamilton Fisli, Secretary of State, with Mi power, and Her Britannic Majesty has invested the Eight Honourable Sir Edward Thornton, one of Her Majesty's Most Honoura- ble Privy Council, Knight Commander of the Most Honourable Order of the Bath, Her Majesty's Envoy Extraordinary and Minister Plenipo- tentiary to the United States, with like power, who having met and examined their respective powers, which were found to be in proper form have agreed upon the following ADBITIONAL AETIOLE. It is agreed that the sessions of the Commissioners provided for by. the twelfth Article of the Treaty between the United States ^ .^,^__ and Her Britannic Maiesty of the 8th of May 1871, need sessloC l?'\he not be restricted to the city of Washington, but may be behddat»uchpiace held at such other place within the United States as the swm a*?he''oom^ ■ . 7, miaeion may prefer. commission may prefer. The present Additional Article shall be ratified, and the ratifications shall be exchanged at Washington as soon as possible thereafter. In witness 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, in the year of our Lord one thousand eight hundred and sev- enty-three. SEAL.] Hamilton Fish. SEAL.] Bdwd. Thornton. 1873. PROTOCOL OF A CONFERENCE AT WASHINGTON, MARCH 10, 1873, RE- SPECTING THE 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 49th Parallel of North Latitude, where the Boundary laid down in existing treaties and conventions between the United States and Great Britain terminates, the line of Boundary be- tween the territories of the United States and those of Her Britannic Majesty shall be continued westward along the said 49th parallel of North Latitude, to the middle of the channel which separates the Con- tinent from Vancouver's Island ; and thence southerly through the mid- dle of the said channel, and of Fuca's Straits, to the Pacific Ocean ; Pro- vided, however, That the navigation of the whole of the said channel and straits, south of the 49th parallel of North Latitude, remain free and open to both parties." And whereas it was provided by the XXXI Vth Article of the Treaty between the United States of America and Great Britain, signed at Washington on the 8th of May, 1871, as follows : 4a€ TEEATIES AND CONVENTIONS. "Aktiole XXXIV. "Whereas it was stipulated by Article I of the Treaty concluded at WasMngton on the 15th of June 1846, between the United States and H^r Britannic Majesty, that the line of boundary between the territories of the United States and those of Her Britannic Majesty, from the point on the 4;9th parallel of North Latitude up to which it had already been ascertained, should be continued westward along the said pg/rallgl of Forth Latitude to the middle of the channel which separates the Conti- nent from Vancouver's Island, and thence southerly, through the middle of the said channel and of Fuca's 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 Ganal de Haro, it is agreed that the respective claims of the Government of the United States, and of the Goyernment of Her Britannic Majesty, shall be submitted to the arbitration and award of His Majesty the Emperor of Germany who having regard to the abovementioned 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 treatv of June 15th, 1846." And whereas His Majesty, the Emperor of Germany has, by his award dated the 21st of October 1872, decided that "Mit der richtig^n Ausle- gung des zwischen den Eegierungen Ihrer Britischen Majestat und der Vereinigten Staaten von Amerika geschlossenen Vertrages de diato Washington den 15 Juni 1846, steht der Auspruch der Eegierung der Vereinigten Staaten am meisten im Eintlange, dass die Grenzlinie zwischen den Gebieten Ihrer Britischen Majestat und den Vereinigten Staaten dnrch den Haro-Kanal gezogen warde." 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 Eear- Admiral James Charles Prevost, Commissioner of Her Britannic Majesty in respect of the boundary aforesaid, duly author- ized 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 Germany, and to complete the de- termination of so much of the Boundary line between the t,,e2r''S'"umtt'd territory of the United States and the possessions of Great Sons°V'°Great Britain, as was left uncompleted by the commissioners here- BritaiB. tofore 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 Americai, West Coast, Strait of Juan de Fuca and the channels between the Continent and Vancouver Id., showing the Bound- ary 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" and having on examination agreed that the lines so traced out and marked on the respective charts are identical, they have sev- erally signed the said charts on behalf of their respective Govern- GEE AT BRITAIN, 1873. 497 ments, 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 Una," attached hereto, showing the general bearings of the line of Bound- ary as laid down on the charts, as a perpetual record of agreement be- tween the two Governments in the matter of the line of Boundary be- tween 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. SEAL. SEAL. SEAL. Hamilton Fish. Bdwd. Thoenton. James C. Peevost. DEFINITION OF THE BOTJNDAKY-LINE. The chart upon which the Boundary Line between the British and United States Possessions is laid down, is entitled " North America, West Coast, Strait of Juan de Puca and the channels between the con- tinent and Vancouver Id., showing the Boundary line between British and American Possessions, from the Admiralty surveys by Captains H. Kellett, E l^^, 1847, and G H Eichards, E K, 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 Eobarts Dermition of the which is marked by a stone monument, and the line is con- ""'■ tinned 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" W, as shown in the said chart. It then proceeds in a direction about S 509 B (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, (true,) ten miles to the said point midway between Turnpoint on Stewart Island and Fair- fax 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 thenorthernmost Kelp Eeef which reef on the said chart is laid down as in Latitude 48° 33' north and in longitude 123° 15^ west, then its direction continues about S 20° 15' east (true) six and one-eighth miles to a point midway between Sea Bird Point on Discovery Island and 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 center of the fairway of the Strait of Juan de Fuca, which by the chart is in 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 lighthouse on Eace Island to Angelos Point midway between the same. Thence the line runs through the center of the Strait of Juan de Fuca 3769 TR 32 498 TREATIES AND CONVENTIONS. first in a direction N. 80° 30' W about 5^ miles to a point equidistant on a straight line between Beechey Head on Vancouver Island and Tongue Point on the shore of Washington Territory, second in a direc- tion N. 76° W, about 13J 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 lighthouse 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 be perfectly accurate but are as nearly so as is supposed to be necessary to a practical definition of the line laid down on the chart and intended to be the Boundary line. Hamilton Pish. ' Edwd, Thornton. James C. Peevost. 1873. PE OTOCOL OP A CONFERENCE HELD AT WASHINGTON, JUNE 7, 1873, SET TING THE TIME AT WHICH ARTICLES 18 TO 25, AND ARTICLE 30 OF THE TREATY .OF MAY 8, 1871, SHOULD GO INTO EFFECT, WITH RESPECT TO PRINCE EDWARD'S ISLAND. 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 :— "AETICLE 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 Congress of the United States on the other. Such assent having been given, the said articles shall remain in force for the period of ten years fron the date at which they may come into operation, and tnrther until the expira- tion 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 Act was passed by the Imperial Parliament of Great Britain 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 Eeign, and assented to in Her Majesty's name, by the Governor General on the Fourteenth day of June, 1872, iotituled "An Act relating to the Treaty of Washington 1871." GREAT BKITAIN, 1874. 499 And whereas an Act was passed by the Legislature of Prince Ed- ward'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 Eepre- sentatives 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, intituled "An Act to carry into effect the provisions of the Treaty between the United States and Great Britain, signed in the city of Washington, the eighth day of May, eighteen hundred and seventy-one, relating to Fisheries." The undersigned Bamilton Fish, Secretary of State of the United States, and the Eight Honourable Sir Edward Thornton, one of Her Majesty's Most Honourable Privy Council, Nesouatora. 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 XYHI to XXV inclusive, and Article XXX of the Treaty aforesaid into operation have been passed by the Imperial Parliament of Great Britain, by the Par- liament 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 xvnrto xivull-^ and the United States of America of the 8th of May, 1871 , t^tjlSsMn, will take effect on the First day of July next. "" '^^ "^"^ In witness whereof the undersigned have signed this Protocol, and have hereunto afQxed their seals. Done in duplicate at Washington, this Seventh day of June, 1873. [seal.] Hamilton Fish. [SEAL.] EdWD. ThOBNTON. 1874. PROTOCOL OF A CONFERENCE HELD AT WASHINGTON MAY 28, 1874 SET- TING THE TIME AT WHICH ARTICLES 18 TO 25, AND ARTICLE 30 OF THE TREATY OF MAY 8, 1871, SHOULD GO INTO EFFECT WITH RESPECT TO NEWFOUNDLAND. Whereas it is provided by Article XXXIl of the Treaty between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, signed at Washington on the 8th of May, 1871, as follows : "Article XXXIL " It is further agreed that the provisions and stipulations of articles XVIII to XXV of this Treaty, inclusive, shall extend to the Colony of Newfoundland, so far as they are applicable. But if the Imperial ' Parliament, the Legislature of Newfoundland, or the Congress of the United States, shall not embrace the Colony of Newfoundland in their laws enacted for carrying the foregoing articles into effect, then this article shall be of no effect ; but the omission to make provision by law 500 TEEATIES AND CONVENTIONS. ■ to give it effect, by either of the legislative bodies aforesaid, shall not in any way impair any other articles of this treaty." Arid whereas an Act was passed by the Senate and House of Eepre- sentatives 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 Great Britain signed in the city of Washington the eighth of May 1871, relating to fisheries — " by which Act it is provided : " Sec. 2. That whenever the Colony of lifewfoundland shall give its consent to the application of the stipulations and provisions of the said Articles eighteenth to twenty-fifth of said Treaty, inclusive, to that Colony, and the Legislature thereof, and the Imperial Parliament shall pass the necessary laws for that purpose, the above enumerated Articles, being the produce of the fisheries of the Colony of Newfoundland, shall be admitted into the United States free of duty, from and after the date of a proclamation by the President of the United States, declaring that he has satisfactory evidence that the said Colony of Newfoundland has consented, in a due and proper manner, to have the provisions of the said Articles eighteenth to twenty-fifth inclusive, of the said Treaty extended to it, and to allow the United States the full benefits of all the stipulations therein contained, and shall be so admitted free of duty, so long as the said Articles eighteenth to twenty -fifth inclusive, and Article thirtieth of said Treaty, shall remain in force, according |;o the terms and conditions of Article thirty-third of said Treaty." And whereas an Act was passed by the Governor Legislative Council and Assembly of Newfoundland in Legislative session convened in the thirty-seventh year of Her Majesty's reign and assented to by Her Majesty on the twelfth day of May 1874, entitled "An Act to carry into effect the provisions of the Treaty of Washington as far as they relate to this Colony." The undersigned Hamilton Fish, Secretary of State of the United States and the Eight Honorable Sir Edward Thornton, one of Her ego aiors. M ajcsty's Most Honorable Privy Council, Knight Command- er of the Most Honorable 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 Govern- ments, having met together at Washington, and having found that the laws required to carry the Articles XVIII to XXV, inclusive, and Arti- cles XXX and XXXII of the Treaty aforesaid into operation have been passed by the Congress of the United States on the one part, and by the Imperial Parliament of Great Britain, by the Parliament of Can- ada and by the Legislature of Prince Edward's Island and the Legisla- , ture of Newfoundland on the other, hereby declare that Articles XVIII to XXV inclusive, and Article XXX of the Treaty between xviii° to xxv,'a°d the United States of America and Her Britannic Majesty, t^SyJS?yi!im, shall take effect in accordance with Article XXXIII of said will take effect. rprgaty bctwceu the citizens of the United States of America and Her Majesty's subjects in the Colony of Newfoundland on the first day of June next. In witness whereof the undersigned have signed this protocol and have hereunto affixed their seals. Done in duplicate at Washington this twenty-eighth day of May. 1874. [SEAL.] Hamilton Fish. I SEAL.) EDWI). THOKNTOS. GREAT BRITAIN, 1877. 501 ' 1877. DECLARATION RESPECTING TRADE-MARKS. Concluded October 24, 1877 ; ratification advised by Senate May 22, 1878 ; ratified by President May 25, 1878 ; proclaimed July 17, 1878. The Government of the United States of America, and the Govern- ment of her Majesty the Queen of the United Kingdom of Great Britain and Ireland, with a view to the reciprocal protection of the marks of manufacture and trade in the two countries, have agreed as follows : The subjects or citizens of each of the contracting parties shall Tiave, in the dominions and possessions of the other, the same ^^. ^^^^ . ^^ rights as belong to native subjects or citizens, or as are now rwlc'S" tJL" granted or may hereafter be granted to the subjects and cit- izens of the most favored nation, in everything relating to property in trade -marks and trade-labels. It is understood that any person who desires to obtain the aforesaid protection must fulfil the formalities required by the laws of the respect- ive countries. In witness whereof the undersigned have signed the present declara- tion, and have affixed thereto the seal of their arms. Done at London, the twenty-fourth day of October, 1877. SEAL.] Edwards Pebeebpont. SEAL.] Derby. GKEEOE. 1837. TEEATy OP COMMERCE AND NAVIGATION. Concluded December 10-22, 1837 ; ratifications exchamged at London June 13-25, 1838; proclaimed August 30, 1838. The United Stater, of America and His Majesty the King of Greece, equally animated with the sincere desire of maintaining the relations of good understanding which have hitherto so happily subsisted be- tween their respective States; of extending, also, and consolidating the commercial intercourse between them ; and convinced that this object cannot better be accomiDlished 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 con- sequence, 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, N otiator. Euvoy Bxtraordluary 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 : Aeticle I. The citizens and subjects of each of the two high contracting parties citeis or ench may, with all security for their persons, vessels, and cargoes, JiSn'Serritorie's frccly cuter the ports, places, and rivers of the territories of of the otter. ' tfac othcr, whcrevcr forcigu commcrcc Is pcrmittcd. 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 mosb entire security and pro- tection in their mercantile transactions, on conditions of their submitting to the laws and ordinances of the respective countries. Aeticle II. Greek vessels arriving, either laden or in ballast, into the ports of the Tonoa e dutieo Uuitcd Statcs of Amerfca, 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' 502 GREECE,- 1837. 503 from the same place, with respect to the duties of tonnage, Ught-houses, pilotage, and port charges, as well as to the perquisites of public ofiio- ers, and all 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 denomina- tion, levied in the name or to the profit of the Government, the local authorities, or of any private establishments whatsoever. 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 Freedom orimpor. in Greek vessels, from whatever place they may come, with- '°'"'°- 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 jplace 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. Akticlb IV. All that may be lawfully exported from the United States of America, in vessels of the said States, may also be exported therefrom p^edomot ejpor. in Greek 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 exported in national vessels. And, reciprocally, all that may be lawfully exported from the King- dom 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 denomination, 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 navigation from one port of the United States of America to another port of Coasting trade. the said States, nor to the navigation from one port of the Kingdom of Greece to another port of the said Kingdom ; which navigation each of the two high contracting parties reserves to itself. 504 TREATIES AND CONVENTIONS. Aktioee VI. Each of the two high contracting parties engages not to grant in its Neither party to Burchases, Or in those which might be made hy companies grant any preference ^ j_ _l' ' • l -i "j- ^t^ "x to any importations OP agcuts actiHg iQ its name, or Tiuaer its authority, any over those made in fP . . *^ i ,• *-.,.. t "^ ' . veseeia of the other, preierencc to importations made in its own vessels, or m those of a third Power, over those made in the vessels of the other con- tracting party. Aetiole VII. The two high contracting parties engage not to impose upon the nav- 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 Ihe Kingdom of No prohibition. Grreecc, 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 be allowed within the territories of one of the high contract- priviieses of transit. .^^ partlcs, upou the importatiou or exportation of any article whatsoever, 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. Aeticlb X. The icitizens or subjects of one of the high contracting parties, arriv- voaa els entering iDg 'wlth thcir vcsscls ou the coasts belonging to the other, OT?trb?t not wish- l3ut not wishing to enter the port; or, after having entered ine to unload. thcrcin, 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. castom-houserega. I* 18 uudcrstood, howcver, that they shall always conform lations. ^Q gnch 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 officers 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. GREECE, 1837. 505 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 ^„,a, „„i„,dmB permitted to confine themselves to unloading such part only p^'-fteir cargo. 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 whatsoever, 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. ]l*rothing 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- nutie. chareenbi. derstood, however, that all duties, imposts, or charges what- »°""='^="»'»- 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 m^ght afterwards wish to enter, unless na- tional vessels be in similar cases subject to some ulterior duties. Article XII. Each 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 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 Consuls, ViceConsuls, 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 A„ti,ea of con- 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 »nd°S?b'trate ifc/' 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 decis- ions to be carried into effect or supported. It is, however, understood, that 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 country. 506 TREATIES AKD CONVENTIONS. Article XIII. The said Consuls, Vice-Consuls, or commercial agents are authorised 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 ofiQcers, 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 oflcial documents, that such individ- uals formed part of the crews, and on this reclamation being thus sub- stantiated the surrender shall not be refused. Siich deserters, when Deserters, ^hen arrestcd, shall be placed at the disposal of the said Consuls, Sd hS^tole'du: Vice-Consuls, or commercial agents, and may be confined in peed ot tijg 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 fpr 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, aud such sentence shall have been carried into effect. Article XIV. In case any vessel of one of the high contracting parties shall have A6.i.tanceto8hip- bccu straudcd or shipwrecked, or shall have suffered any wrecked yesseiB. other damagc 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 Quarimtme. Klug of Grcccc, Or froffi 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 con- tagious diseases prevailed in that port, shall be subjected to no other quarantine than such as may be necessary for the visiti of the-health officer of the port where such vessels shall have arrived, after which said vessels shall be sfllowed 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, GREECE, 1837. 507 and that the country whence they came shall not at that time be so far infected or snspected 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. Aktiole 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, Mwmpti»°g'toIn™ ' 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 said blockade, shall then subject themselves to be detained and condemned. Akticle XVII. The present treaty shall continue in force for ten years, counting from the day of the exchange of the ratifications, and if, before the expiration of the first nine years, neither of the high ""'"'™°""""'- contracting parties shaU 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. Aeticlb XVIII. The present treaty shaU 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 K^'fit"'™-- 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 afQxed thereto their seals. Done in duplicate at London, the twei^^Lnd of December, in the year of our Lord one thousand eight hundred and thirty-seven. SEAL. SEAL. A. Stevenson. S. Teiooupi. GUATEMALA. 1849.* GENERAL COlfVENTION OF PEACE, AMITY, COMMEECE, AND NAVIGATION. Concluded March 3, 1849; ratifications exchanged at Guatemala May 13, 1852; proclaimed July 28, 1852. 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 gen- eral convention of peace, friendsh*ip, commerce, and uavigation. For this most desirable object the President of the United States of America has conferred full powers on Elijah Hise, Charg6 Hegotiators. d'Affalres of the United States near the Government of the Eepublic of Guatemala and the Executive Power of the Government of the said Eepublic on the Sr. Licdo. Dn. Jos6 Mariano Eodriguez, Secre- tary of State and of the Department of 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- peace aud friend- ship betwceu the Uultcd States of America and the Eepub- •''"■ lie of Guatemala., in all the extent of their possessions and territories, and between their people and citizens respectively, without distinction of persons or places. Akticle II. The United States of America and the Eepublic of Guatemala, de- M6»t favored na- slriug to llvc lu pcacc aud harmony with all the other na- ""'°- tions 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. Aeticlb III. The two high contracting parties, being likewise desirous of placing Rieht to navigate the commcrco and navigation of their respective countries and trade. qq ^]jg Hbcral basls of perfect equality and reciprocity, mu- tually agree that the citizens of each may frequent all the coasts and * See notes: "Abrogated, suspended, or obsolete treaties." 608 . GUATEMALA, 1849. 609 countries 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 citizens are sub- jected. But it is understood that this article does not in- clude the coasting trade of either country, the regulation of o<«>«™"» ^■ which is reserved to the parties respectively, according to their own separate laws. Aeticle IV. They likewise agree that whatever kind of produce, manufacture, or merchandise of any foreign country can be from time to „„ diBcrimination time lawfully imported into the United States in their own '"toMM^toies. 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 merchandise 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 reexported 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 V. No higher or other duties shall be imposed on the importation into the United States of any articles the produce or manufactures of „„ di5„;„i„iting the Eepublic of Guatemala, and no higher or other duties i^Zm'^Dm- shall 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 prohibi- tion be imposed 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 territories of the Eepublic of Guatemala, which shall hot 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 privUMes of citi- to manage themselves their own business in all the ports fn°ti.f torito^'™ and places subject to the jurisdiction of each other, as well niiuS"'""''"'*'''' with respect to the consignment and sale of their goods and merchan- 510 TREATIES AND CONVENTIONS. 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 subjects or citizens of the most favoured nation. Aeticlb VII. The citizens of neither of the contracting parties shall be liable to No.mbargoprdB. sbTij embaxgo, nor be detained with their vessels, cargoes, "u°p™eB.°' ""''""'^ 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 Vessels of either forced to scck refugc or asylum in the rivers, bays, ports, f"?he'°p'Sf of?he or dominions of the other with their vessels, whether mer- »"'*'■ 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 ouo of tho contractiug partlcs, which may be captured by by pirates. pirates, whether within the limit 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 yeUr, 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 parties shall be wrecked, foundered, or shall suffer any dam- shipmecks. ^^^ ^^ ^j^^ 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 Real or personal dlsposc of thclr pcrsoual goods within the jurisdiction of zemof eSSerJauoi; thc othcr, by Sale, donation, testament, or otherwise, and in the other. thcir represcutatives, 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 o&ers acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country where said goods GUATEMALA, 1849. 511 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 mo- lestation, and exempt from all duties of detraction on the part of the Government of the respective States. Aetiole XII. Both the contracting parties promise and engage formally to give their special protection to the persons and property of the ?„„,«? of dti. citizens of each other, of aU occupations, who may be in the ^"'thf tSrttoTo'f territories 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 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- ,. .J.! " *^ , . "^ , . . . - -1 . • T J.. e i.1 Rights of coiiaciencB. mg 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 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 Navigation and 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 algo 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 F„e ship., &,. to be free and exempt which shall be found on board the ""•^'- ■ ships belonging to the citizens of either of the contracting parties, al- ' The -word Todo appears in the Spanish text but its eqviivaleiit »K does not appear jp the English text of tbe treaty. 512 TREATIES AND CONVENTIONS. 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 jjersons 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 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 piarties 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 acknowl- edge this principle, and not of others. Aeticle XV. It is likewise agreed that in the case where the neutral flag of one of Neutral property tbc coutractiug partics shall protect the property of the inanenemy'svessei. eucmies of tho othcr, by virtuo 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, 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 prop- erty, in that case the goods and merchandises of the neutral embarked in such enemy's ship shall be free. Aeticle XVI. This liberty of navigation and commerce shall extend to all kinds of merchandises, excepting those only which are distinguished cc.iitnibai.d article.. ^^ ^^^ namc of coutrabandj 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 coMidered contrabaud 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 enemv, excepting only those places which are Blockade or sieee. ^^ ^^^^ ^. ^^^ besicged Or blockadcd ; and to avoid all doubt iu 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. GUATEMALA, 1849. 513 Article XVIII. The articles of, contraband before enumerated and classified which may be found in a vessel bound for an enemy's port, shall Modeofwoceedi„f be subject to detention and confiscation, leaving free the rh'/go„°d°'J,e''contraf ' 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 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. Aeticlb XIX. And whereas it frequently happens that vessels sail for a port or place belonging to' an enemy without knowing that the same ■ T_ *^ -, T -, i-i-i • Ai-i,- Tj_ij. Blockades and siegei. 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, blockadedj or invested by the otber, 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. Akticle 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 Right of viaitation 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 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 ijersons 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 papers relating to the ownership of the vessels belonging sj,p,, „j^„ .^ to the citizens of the two contracting parties, they have "^"f^""- agreed, and do agree, that iu case one of them should be engaged in 3769 TE 33 614 TREATIES AND CONVENTIONS. 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 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 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 shaU 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 Commission or ^Jth anothcr State, no citizen of the other contracting letters of marau.. 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. Case of war b. ^^^ ^^^ contractlug partlcs should be engaged in a war iwe"' the contract wlth cach othcr, 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 arraoge their business and transport their effects wherever they please, giving to them the safe-conduct necessary for it, which may serve as a sufficient GUATEMALA, 1849. 515 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 i,eb„, i„ ^^m of 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. Aetiole XXVII. Both the contracting parties, being desirous of avoiding all inequality in relation to their public communications and ofQcial inter- Exomptions <>( En- 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 Guatemala 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 of America and the Eepublic of Guatemala shall afford in fu- . jji » J ' • 1 riji • J • ' f -1 Most favored nation tare to the navigation and commerce of the citizens of each priviiejeB accwded to other, they agree to receive and admit Consuls and Vice- Consuls in all the ports open to foreign commerce, Avho shall enjoy in them all the rights, prerogatives, 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 and Vice-Consuls may not seem convenient. Aeticlb 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. Exequaturs. 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 attache^d to the service of Consuls, they not being citizens of the country in which the Consul resides, shall' be '''«'■" "'' '''"""■'■ exempt from all public service, and also from all kind of taxes, imposts, 516 TREATIES AND CONVENTIONS. and contributions, except those which they shall be obliged to pay on account of commerce or their property, to which the citiaens 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 Consular arctiyes Statcs. Tho archivcs aucl papers of the consulate shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. Aeticlb XXXI. The said Consuls shall have power to require the assistance of the ueserters. authoritlcs 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 oflcers 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 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 Akticle XXXII. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as ConBuIar convention. , V»i - ± •■i-i • i i /i 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. Akticle 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 treiaty 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- ur.tiono treaty, gjjg^jjgg ^j! ^j^g ratificatious, aud 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. 2dly. 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 the harmony and good correspondence GUATEMALA, 1849. 517 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 . t • ii 11 *'•■■ i.> Satisfaction to be infringed in any other way whatever, it is expressly stipu- dsmandedberorowar lated that neither of the contracting parties will order or " '''"""" ' 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 un- 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 Republic of (ruate- 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 Republic 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. SEAL. SEAL. Elijah Hisb. J. Maela.no Rodriguez. HAMBURG. {See Hanseatio Ebptjblics.) HANOVER. 1840.* TREATY OF COMMEECE AND NAVIGATION. Concluded May 20, 1840; ratifications exchanged at Berlin 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 Negotiators. Extraordiuary 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 Entraordinary and Minister Plenipotentiary near His Majesty the King of Prussia, Lieutenant General, Knight Grand Cross of the Order of Guelph, the Bed 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- 111?™ anii°i,aviS- tractlug partlcs a reciprocal liberty of commerce and nayi- 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 *See notes: "Abrogated, suspended, or obsolete treaties." 518 HANOVER, 1840 519 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 he 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- ject to the said laws and regulations also in respect to sales by whole- sale or retail. They shall have free access 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. "So higher or other duties shall be imposed in any of the ports of the United States on Hanoverian vessels than those payable „„ discrimioation 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 vea.ei. to ^u^i, as are built within their respective territories, or lawfully l^lrlilTiUZtLZ condemned as prize of war, or adjudged to be forfeited for °'"™''- 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, ofScers, 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- Reciprocal dutuE, facture 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 Reciprocal dmie. 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- 520 TREATIES AND-CONVENTIONS. ufactureof 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. Akticlb III. Fo higher or other duties shall be imposed on the importation into the United States of any articles the growth, produce, or manu- indStiS ontaTor?" facturc of the Kingdom of Hanover, and no higher or other duties shall be imposed on the importation into the Kingdom of Hanover of any articles 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. ^o higher or other duties and charges shall be imposed in the United No diBcrimmatioi. Statcs ou the cxportatlon of any articles to the Kingdom of in duties on export.. Hauover, Or in Hanover on the exportation of any articles to the United States, than such as are or shall be payable on the ex- portation of the like articles to any 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. Akticle IV. The preceding articles are not applicable to the coasting trade and coasti trade navlgation of the high contracting parties, which are re- oastmgtra e. gpectlvcly rescrvcd by each exclusively to its own citizens or subjects. Article V. No priority or preference shall be given by either of the contracting parties, nor by any company, corporation, or agent, acting No diaciiraination ' ii • t i li t ii ■' Ti ■ j. ■ ii 1 £ in purchase of im- OU thcir behalf, or under their authority, in the purchase or ports on account of , • i n t ^ ti • .-i i* nationaiitjrorvesseis auy articlc of commcrcc lawfully imported on account or in miportingsame. refcrcnce to the national character of the vessel, whether it be of the one party or of the other in which such article was imported. Aktiole VI. The contracting parties grant to each other the liberty of having, each Liberty to appoint 11 thc ports of thc Other, Consuls, ViceConsuls, agents,,and consu].. 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 subjected 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 differ- reia°twe'to the"res°- euccs as may arlsc between the masters and crews of the and the'mMte^S vessels bclonging to the nation whose interests are com- ""'"' mitted to their charge, without the interference of the local authorities, unless the conduct of the crews or of the captain should dis- turb the order or tranquillity of the country ; or the said Consuls, Vice- HANOVER, 1840. 521 Consuls', or Commercial Agents sliould 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. Deserters. 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 siirrender 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 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 car- ried into effect. Akticle VII. The citizens or subjects of each party shall have power pH.iieee. of cm- to dispose of their personal property within the jurisdiction JSTe'rSorJ'o? "h" of the other, by sale, donation, testament, or otherwise. °"'"- 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. 622 TREATIES AND CONVENTIONS.' AETICLB VIII. The ancient and barbarous right to wrecks of the sea shall be entirely Shipwrecks. abolishcd with respect to the property belonging to the 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 assistaoce 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 saivaje. salvagc 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 the cargo be unloaded, they shall pay no duties of custom, charges, or fees on 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 deposit, 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. Abticlb IX. The present treaty shall be in force for the term of twelve years from the date hereof; and further until the end of twelve months DurafoB of treaty, ^^^^j. ^^^ Govemmeut of thc 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 Ilanover; 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 afiSxed 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. SEAL.) HeNBY WHBATON. i\ SEAL.1 AuausTUS De Beb&eb, HANOVEE, 1816. • 523 1846.* TREATY OF COMMEECE AND NAVIGATION. Concluded June 10 1846; ratifications exchanged at Hanover 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 "wofaf"- of Hanover 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 signed subject to ratification, the following arti- cles. Aeticle I. The high contracting parties agree that whatever kind of produce, manufacture, or merchandise of any foreign country, can be, n„ diBcrimination from time to time, lawfully imported into the United States '° ''"''" °° ''""'"'■ in their own vessels, may also be imported in vessels of the Kingdom of Hanover ; and no higher or other duties upon tfie tonnage or cargo of the vessel shall be levied or collected, whether the importation 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, lawfully imported iuto 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, be exported or re-exported in the vessels of the other And i„d;tie»!dmwb«ckB° the same duties, bounties, and drawbacks shall be collected "SJts';""'""'' °° "''' and allowed, whether such 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 furthet, it is agreed that no higher or other toll shall be levied or collected at' Brunshausen or Stade, on the Eiver Elbe, ^o diBcrimmation 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 he 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. * See notes: "Abrogated, suspended, or obsolete treaties." 524 . TREATIES AND CONVENTIONS. Article II. The preceding article is not applicable to the coasting trade and nav- igation of the high contracting parties, which are respect- CoaBtmg trade. .^, ,1*=' , i ' i ^ 'j. .1.-1^ ively reserved by each exclusively to its own subjects or citizens. Article III. No priority or preference shall be given by either of the contracting parties, nor by any company, corporation, or agent acting . No ducrimihation ou thclr bchalf, Or under their authority, in the purchase |)orr™n'"a°co°un™f of auy artlclc of commerce, lawfully imported, on account of nationality of Teasel . « , ,, ,. '-,, < \p ^^ t i^t importini! same. Or lu refercuce 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 Shipwrecks. ^^^ citizcus 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 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 repairs ^hall require that the whole or any part No duties able "^ ^^^ cargo bc uuloadcd, they shall pay no duties of cus- forunio^'dta/vMseiB tom, chargcs, or fees on the part which they shall reload for repairs except -,' c.* j. ii»j_-ii>i those charged to na- aud carrv away, except such as are payable in the like case tLonal vessels. , j.'ii 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 deposit 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 V. The privileges secured by the present treaty to the respective vessels of the high contracting parties shall only extend to such as thepriviieges^f'this arc bullt witWu their respective territories, or lawfully con- treaty shall eitend. ^gjjjjjg^ g^g prfze of War, Or adjudgcd 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 Germanip Confedera- tion, provided that the master of each be a subject of the Kingdom of Hanover. Article VI. No higher or other duties shall be imposed on the importation into the United States of any articles the growth, produce, or man- in'SStiSo'ilcon™ ufacture of the Kingdom of Hanover, or of its fisheries, and or nationality of in., jjq higher Or Other duties shall be imposed on the importa- tion into the Kingdom of Hanover of any articles the growth, produce, and manufacture of the United States, and of their fisheries. HANOVEE, 1846. 525 than are or shall be payable on the like articles being the growth,? pro- duce, or manufacrure of any other foreign country, or of its fisheries. No 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 i„«tson"Som" exportation of the like articles to any other foreign country. No prohibition shall be imposed on the importation or exportation of any articles the growth, produce, or manufacture of the Kingdom of Hanover, or of its fisheries, or of the United States or their fisheries, from or to the ports of said kingdom, or of the said United States, which shall not equally extend to all other Powers and States. Article VII. The high contracting parties engage, mutually, not to grant any par- ticular favor to other nations in respect of navigation and „„« avored »» ' duties of customs, which shall not Immediately become ''°"- common to the other party; who shall enjoy the same freely, if the con- cession was freely made, or on allowing a compensation, as near as pos- sible, if the concession was conditional. Article VIII. In order to augment, by all the means at its bestowal, the commercial relations between the United States and Germauv, the ii„p„8t,„d transit Kingdom of Hanover hereby agrees to abolish the import a°d?srTain"the™r° duty on raw cotton, and also to abolish the existing transit ""''" ^'"""i""'' duties upon leaves, stems, and strips of tobacco, in hogsheads or casks, raw cotton in bales or bags, whale oil in casks or barrels, and rice in tierces- or half tierces. And, further, the Kingdom of Hanover obligates itself to levy no Weser tolls on the aforementioned articles, which are des- w^ertoin tined for, or landed in, ports or other places within its terri- w™ertoii<,. tory on the Weser; and it moreover agrees that if the States border- ing upon said river shall consent at any time, however soon, to abolish the duties which they levy and collect upon said articles destined for ports or other places within the Hanoverian territory, the Kingdom of Hanover will readily abolish the Weser tolls upon the same articles destined for ports and places in such States. , It being understood, however, that the aforesaid stipulations shall not be deemed to prohibit the levying, upon the said articles, a tax sufQcient for defraying the expense of maintaining the regulation respecting tran- sit goods. But in no case shall such tax exceed eight pfennigs Han- overian currency (two cents United States currency) for one hundred pounds Hanoverian weight, (one hundred and four pounds United States weight.) Arlicle IX. The high contracting parties grant to each other the liberty of having, each in the ports of the other, Consuls, Vice-Consuls, Liberty to appom. Commercial 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 526 TREATIES AND CONVENTIONS. to which private individuals of their nation are subjected in the same place. The Consuls, Vice-Consuls, Commercial and Vice-Commercial Agents shall have the right as such to sit as judges and arbitrators. Power of conBula . t t . /v> ^ .1*1^1 j_ -. reiati™ to th. vee- m Buch difterences as may arise between the masters and lad tho'nMtera''S 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 Con- suls, Vice-Oonsuls, Commercial Agents, or Vice-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 flot 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 assistaqce 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, licition b ^ officers, and shall in writing demand said deserters, com^Tto'eoveJ- proving by the exhibition of the registers of the vessels, the aiit ontiea. jjjyg^;gj,.poijg ^f ^;]jg crBws, Or by any other oflftcial documents, that such individuals formed part of the crews; and on this claim 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, Commercial Agents or Vice- Commercial Agents, and may be confined in the public pris- ons, 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 its sentence and such sentence shall have been carried into effect. Akticlb X. The subjects and citizens of the high contracting parties shall be per- priviiegBB of citi- mitted to sojourn and reside in all parts whatsoever of the rr'thf Krrito"^"o°f Said tcrritorics, in order to attend to their affairs, and also the other. ^Q jjjjg 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 territories subject to the jurisdiction of each party, as well in respect to the con- signment 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- ject to the said laws and regulations; also in respect.to sales by whole- sale or retail. HANOVER, 1846. 527 They shall have free access to the tribunals of justice in their litigous affairs on the same terms which are granted by the law and usage of country to native citizens or subjects, for which purpose they may em- ploy in defense of their rights such advocates, attorneys, and other agents as they may judge proper. The citizens or subjects of each party shall have power ^.or^nr or dt.- to dispose of their personal property within the jurisdiction Jhe'toriSt? a" of the other by sale, donation, testament, or otherwise. ""'"■ - 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 duty only as the inhabitants of the country wherein the said personal prop- erty 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 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. Aeticle XI. The present treaty shall continue in force for the term of twelve years from the date hereof, and further until the end of twelve j,^_^j.^^ ^^ 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 not exceed one thaler and one gutengroscheu 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 full 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. ' 528 TREATIES AND CONVENTIONS. Aktiole XII. The United States agree to extend all the advantages and privileges contained in the stipulations of the present treaty to one or w«fy ' mST/'ei- Hiore of the other States of the Germanic Confederation, which tendeti toother -i. t.j_i i t* jvi • -\ i stales of the Get- may wish to acccde to them, by means of an oincial exchange of declarations; provided that such State or States shall 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 lutifictions. *^® United States of America, by and with the advice and " °'"°°'^ consent of their Senate, and by His Majesty the Bang of 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 Plenipotentiaries of the high contracting parties, have signed the present treaty, and have thereto afftxed our 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 America. [SEAL.] A. Dudley Mann. [SEAL.] George Frederick Baron de Falcke. 1855.* CONVENTION FOR THE EXTRADITION OF CRIMINALS, FUGITIVE FROM JUSTICE. Concluded January 18, 1855 ; Ratifications exchanged at London 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 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 tliat the endg of justice shall not be defeated, have determined to conclude an arrange- ment destined to regulate the course to be observed in aU 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 constitution and laws of Hanover, however, not allowing 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 * See notes: "Abrogated, suspended, or obsolete treaties." HANOVEE, 1855. 529 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 Plenipotentiaries: The President of the United States, James Buchanan, Envoy Extraor- dinary and Minister Plenipotentiary of the United States at the Court of the United Kingdom of Great Britain and N.eot,ator.. Ireland ; His Majesty the King of Hanover, the Count Adolphus von Kielmausegge, his Envoy Extraordinary and Minister Plenipotentiary to Her Britannic Majesty, Grand Cross of theOrderof theGuelphs,&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- ment promise and engage, upon mutual requisitions by 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 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 Governments shsiU 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 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 re- ceives the fugitive. Aeticlb II. The stipulations of this convention shall be applied to any other State of the Germanic Confederation •which may hereafter declare other Germanic its accession thereto. ^'°'"- Article III. None of the contracting parties shall be bound to deliver up its own subjects or citizens under the stipulations of this conven- ^either nation t<, f iQTj deliver ita citizens. Article IV. Whenever any person accused of any of the crimes enumerated in this convention shall have committed a new crime in the ^ „,„ „„,„„ ;„ territories of the State where he has sought an asylum, or '^"'^'ytr^ti-ium. shall be found, such person shall not be delivered up, under the stipu- 3769 TE 34 530 TREATIES AND CONVENTIONS. 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 ac- quitted thereof. Article V. The present convention shall continue in force until the first of Janu- Duration of cm- a^y, OHC thousaud eight hundred and fifty-eight; and if ventioL. neither party shall have given to the other six months' previous notice of its intention then to terminate the same, it shall farther 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 Ratiication. ^^^ advlce aud consent of the Senate of the United States, Rat, cation.. ^^^ ^^ ^^^ Govcmmeut of Hanover, and the ratifications 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 eight hundred and fifty-five, and the seventy-ninth year of thVi Independence of the United States. SEAL.] Jambs Buchanan. SEAL.] A. Kjelmanseggb. 1861.* TREATY CONCERNING THE ABOLITION OF THE STADE OR BRUNSHAUSEN DUES. Concluded November 6, 1861 ; ratifications exchanged at Berlin April 29, 1862 J proclaimed June 17, 1862. 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 Neeotmtor.. ^^ ^^^ Uultcd Statcs of Amcrica to Prussia, and His Majesty the King of Hanover upon his Envoy Extraordinary and Minister Plen- ipotentiary at the Royal Prussian Court, the Lieutenant Colonel and Extraordinary Aid-de-Camp, Mr. August Wilhelm von Eeitzenstein, Knight Commander of the 2d class of the Royal Guelphick Order, etc.; *See Notes: "Abrogated, suspendecl) or obsplpts treaties-" HANOVEE, 1861. 531 Who, after having exchanged their full powers, and having ,foiind them to be in due and proper form, have concluded the following articles : Akticle 1. 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 cargoes of American vessels ascending the Elbe, and pass- stadeorBr-mshau- ing the mouth of the river called Schwinge, designated ■«" J"'' ^wished. under the name of the Stade or Brunsbausen 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 measure of control re- garding the dues that are hereby abolished. 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 yr^,^, ^^^,m for the free navigation of the Elbe ; SJ'Ifba tX'™°ai" 2. Not to impose, as a compensation for the expenses re- ^'"'°^- suiting from the execution of this obligation, upon the American marine, any charge whatever, in lieu and place of the Stade or Brunsbausen dues. Article III. By way of damage and compensation for the sacrifices imposed upon His Majesty the King of Hanover by the above stipulations, ^^^^^^ 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 Brunsbausen 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 p„„e„t or ■»- 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 ex- change 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. 532 TREATIES AND CONVENTIONS. AETIOLE V. The execution of the obligations contained in the present treaty is Execution of obii- especiallj subordinated to the accomplishment of such for- Srwi'th »ithou; malities 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. Akticle VI. The treaty of commerce and navigation concluded between the United Former treaty ,n- Statcs of Amcrica aud His Majesty the King of Hanover nuiisi Qjj ^jjg 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 „ . , be exchanged at the city of Berlin, within six months from Ratifications. ,, Ttj • n >•/ t 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 day of Jfovember, in the year of our Lord one thousand eight hundred and sixty-one, ^.nd the Inde- pendence of the United States of America the eighty-sixth. [SBAX,.] N. B. JXJDD. SEAL.] WiLHELM AUGITST VON EeITZENSTEIN. PEOTOCOL. 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 roof of n t li ^^ *^® ^^^ ^^^ ^^ June, 1861, concerning the abolition of proo o nationality. ^.^^ Qtadc Or Bruushausen 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. SEAL.] N. B. JUDD. SEAL.! WiLHELM AUGTJST VON EEITZBNSTBIN. HANSEATIC EEPUBLIOS. 1827. CONVENTION OF FRIENDSHIP, COMMERCE, AND NAVIGATION, "WITH THE FREE HANSEATIC REPUBLICS OP LUBECK, BREMEN, AND HAMBURG. Concluded December 20, 1827; ratifications exchanged at WasMngton 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 Hanseatic City of Bremen, and the Eepublic and Free Hanseatic 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 whicli shall be observed between the one and the other, by .means of a convention of friendship, commerce, and navigation. For the attainment of this most desirable object, the President of the TJnited States of America has conferred full powers on Henry Clay, their Secretary of State; and the Senate of the Negotiator.. Eepublic and Free Hanseatic City of Lubeck, the Senate of the Eepub- lic and Free Hanseatic City of Bremen, and the Senate of the Eepublic 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 in 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 no d..ctiminatio„ time to time, lawfully imported into the United States in i°f &ntlL"o' «: their own vessels, may b.e also imported in vessels of the said """ '"^ ™''°""- Free Hanseatic 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 manner, that whatever kind of produce, manufacture, or mer- chandise of any foreign country can be, from time to time, lawfully im- ported into either of the said Hanseatic Eepublics, in its own vessels, may be also imported 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 collected, whether the importation be made in vessels of the one party or of the other. And they further agree, that whatever may be lawfully 533 534 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 reexportation be made in vessels of the one party or of the other. JS'or 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. Aeticle II. No higher or other duties shall be imposed on the importation, into No discrimmatins thc United Statcs, of any article the produce or manufact- Sn5°w"of °'m' ure of the Free Hanseatic Eepublics of Lubeck, Bremen, """^ and Hamburg ; and no higher or other duties shall be im- posed 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 payable on the like article being the produce or manufacture of any other foreign country; nor shall any other or higher duties or charges be imposed by either party on the exportation of any articles to the United States, or to the Free Hanseatic Eepublics of Lubeck, Bremen, No discriminatioi. 01" Hamburg, respcctively, than such as are, or shall be in duties OB export., payable ou thc exportation of the like articles to any other foreign country ; nor shall any prohibition be imposed on the importa- tion 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. Aktiolb III. Ho priority or preference shall be given, directly or indirectly, by any or either of the contracting parties, nor by any company, m''?uJ'oEe""o7"im°. corporatiou, or agent, acting on their behalf, or under their Kn>i!tyo'f™Bei. authority, in the purchase of any article the growth, prod- import™ same. ^^^^ ^^ mauufacturc 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 con- tracting parties that no distinction or difference whatever shall be made in this respect. Aktiole IV. In consideration of the limited extent of the territories of the Eepnb- proof. of national- Hcs of Lubcck, Biemeu, and Hamburg, and of the intidiate ity of veeaeia. councctiou of tradc 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 master shall also be a citizen of any or either of them, and provided three-fourths of the crew shall be citizens or sub- jects of any or either of the said Eepublics, or of any or either of the States of the Confederation 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. 536 Article V. Any vessel, together with her cargo, belonging to either of the Free Hanseatic Republics of Lubeck, Bremen, or Hamburg, and ^^^^^^ coming from either of the said ports to the United States, from°eVher°of"t™ shall, for all the purposes of this convention, be deemed to b/SSea £°haviS , ' t 3 J} ^1 T^ IT J t • t t 11 cleared from their re- have cleared irom the Kepublio to which such vessel be- Bpectwe home porta; longs, although, in fact, it may not have been the one from ^easeieTradmii with which she departed; and any vessel of the United States, the'remJtoMing™ 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 Hanseatic 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 ofi" ieu"o'f?nep°artyin their ships, submitting themselves to the laws, decrees, and Mh^'^XZin^JJ. usages there established, to which native citizens are sub- jected ; they being, in all these cases, to be treated as citizens of the Ee- public 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 p„„„ ,„ j,,,.,, the other, by sale, donation, testament, or otherwise; and "fp^'o-'iBoode. their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testamentor 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 sjJecial protection to the persons and property of the citizens of each other, of all ocsupations, who may be in to^p''e™'oia"and"plo°p° 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 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 536 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 Most favored oa- ^U thc Other uatious 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 commou 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 Duration of coo- from tho dato hcreof, and further, until the end of twelve TODtion. months after the Government of the United States on the one part, or the free Hanseatic Republics of Lubeck, 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 between 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 iut,Bc.uo„. ^j^g 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 aflxed 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. [SEAL.] H. Clay. [SEAL.] ■ V. EXJMPFF. HANSEATIC EEPUBLICS, 1828. 537 1828. ADDITIONAL ARTICLE TO THE CONVENTION OF FEIENDSHIP, COMMERCE, AND NAVIGATION, WITH THE FREE HANSEATIC EEPUBLICS OF LUBECK, BREMEN, AND HAMBURG, OF THE 20TH OF DECEMBER, 1827. Concluded June 4, 1828 ; ratifications exchanged at Washington 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 commerce by affording, in their ports, every necessary assistance to their respective vessels, the undersigned Plenipotentiaries have further agreed upon the following 'additional article to the convention of friendship, com- merce, 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 T J j_i -IT j_ • '!.» • -I 1 ■■! • Application by con- demand the said deserters, m writing, xjrovmg by an exhibi- .uib to governmental tion of the registers of the said vessels, or ship's roll, or other of&cial 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 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 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. ' 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 and consent of the Senate thereof, and by the Senates of the Hanseatic Eepublics of Lubeck, Bremen, and Hamburg, the ratifications shall be ««'fi':«t«>°>- 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 have thereto afQxed 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. SEAL.] H. Clay. SEAL.] V. EUMPFF. 538 TREATIES AND CONVENTIONS. 1852. CONVENTION CONCERNING THE RIGHTS AND PRIVILEGES OF CONSULS WITH THE FREE HANSEATIC REPUBLICS OP LUBECK, BREMEN, AND HAMBURG. Concluded A^ril 30, 1852 ; ratifications exchanged at Washington Febrvf ary 25, 1853 j proclaimed June 6, 1853. The tTnited States of America and the Free and Hanseatic Eepublics . 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 stipulations, have named for 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 Ne otiatori.. ^^ Bremou, and the Senate of the Free and Hanseatic City egotmori.. ^^ Lubeck, Albert Schum acher, 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 Power of consuls ^^ ^^^^ of the high coutracting parties shall have the right reia°"e't° tho°tS as such, to slt as judges and arbitrators in such differences Bela of their couotiy '-Lij,! j. t ^j_i i an^ uieir master, as may arisB between the masters and crews of the vessels an crews. bclougiug to thc uatlon whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or of the master should disturb the order or tran- quillity 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 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. Article II. The present convention shall be in force for the term of twelve years Duration of con- from thc day of its ratifications; and further tintil the end vention. q^ twclvc mouths, after the Government of the United States on the one part, or the Free and Hanseatic Eepublicks of Ham- burg, Bremen, or Lubeck, or either of them, on the other part, shall have given notice of their irftention 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 pi ovisions 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 Eepublicks aforesaid shall, at the expiration of twelve years from the date of the ratification of the convention, give or receive notice of the termination of the same, it shall, nevertheless, remain in HANSEATIC REPUBLICS, 1852. 539 full force and operation, as far as regards the remaining Free and Hanseatic Eepublicks or Eepublick, which may not have given or re- ceived 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- juuBcstions. vice and consent of the Senate thereof, and by the Senates '^" ""'""^ of the Free and Hanseatic Republicks 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. SEAL.] Dan'l Webster. SEAL.] A. SCHUMAOHEE. HAWAIIAN ISLANDS. 1849. TREATY OF FEIENDSHIP, COMMERCE, AND NAVIGATION, AND FOR EXTRA- DITION OF CRIMINALS. Concluded December 20, 1849; ratifications escchangied at Honolulu^ August 24, 1850; proclaimed 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 subl 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 Negotiator.. ^^^ Klug of tho Hawailau 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 shall 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 il. There shall be reciprocal liberty of commerce and navigation between the United States of America and the Hawaiian Islands. mfrSf °nd°nav™^ E"o duty of customs, or other impost, shall be charged npon "°°' any goods, the produce or manufacture of one country, npon importation from such country into the other, other or higher than the duty or impost charged upon goods of the same kind, the pro- duce or manufacture 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 matters of commerce and navigation, which shall not also, at the same time, be extended to the subjects or citizens of the other contracting party, gratuitously, if the concession in favor of that other State shall 540 HAWAIIAN ISLANDS, 1849. 541 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. Abticle III. All articles, the produce or manufacture of either country, which can legally be imported into either country from the other, in ^o discrimmatioa ships of that other country, and thence coming, shall, when i°ffet'ieron°'^x: so imported, be subject to the same duties, and enjoy the i'°"»''°'ii">p'"w- same privileges, 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 descrip- tion, 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 no 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. No duties of tonnage, harbor, light-houses, pilotage, quarantine, or other similar duties, of whatever nature or under whatever „„ tocrimmauon denomination, shall be imposed in either country upon the ^w^MBBdutiBB. 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 imposed in the like 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 c°»«"M'""ia of either contracting' party, such navigation and trade being reserved exclusively to national vessels. Article VI. Steam- vessels of the United States which maybe employed by the Government of the said States in the carrying of their pub- stea-vMesis car- lie mails across tbe Pacific Ucean, or from one port in that Ti-^™"'- 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. 542 TREATIES AND CONVENTIONS. Article VII. The whale-ships of the United States shall have access to the ports of Hilo, Kealakekua, and Hanalei, in the Sandwich Islands, whaie-Bhipa. ^^^ ^^^ purposcs 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 doUars 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 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 contracting parties engage, in regard to the personal privileges , pririfege. of c.ti- that the citizens of the United States of America shall enjoy ?h°"tor°"of°°to in the dominions of His Majesty the King of the Hawaiian other. Islands 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 favored nations. They shall be entitled to occupy dwellings and warehouses, and to dispose of their personal property of every kiud and description, by sale, gift, exchange. Property of citi- ^iH) OT iu any other way whatever, without the smallest in°thf t2Sto°ry'o° hindraucc or obstacle; and their heirs or representatives, the other. bclng subjects or citizens of the other contracting party, shall succeed to their personal goods, whether by testament or ab intes- tato, 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, such care ghall bp takejj of the said goods as would be taken of the goods of a HAWAIIAN ISLANDS, 1849. 543 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 propsriyofabsent 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 citizens or subjects of the contracting parties 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 citi- zens of the most favored nations in the respective States of the high contracting parties. They shall be exempt from all military Military semM service, whether by land or by sea; from forced loans ; and ^^ °'°' °° from every extraordinary contribution not general and by law estab- lished. Their dwellings, warehouses, 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 ar- bitrary examination or inspection whatever of the books, papers, or ac- counts of their trade shall be made ; but such measures shall be exe- cuted only in conformity with the legal sentence of a competent tribu- nal ; and each of the two contracting parties 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 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. Aetiolb 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 priTiie,e. of cui- ^w, . , , , . Mnfl of one oatlbn themselves, or to commit those aflcairs to the management ■; the temtory of f , , •j_j_i.i_i^ tbe other m buaineaB of any persons whom they may appoint as their broker, lac- .ffaira. 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 capaci- ties, 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 imported into, or to be exported from, the States and domains oT 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. Aetiole X, Each of the two 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 with those of the most favored nations ; but if any such 544 TREATIES AKTD CONVENTIONS. 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 Deaerters Agcuts are authorlzcd to require the assistance of the local 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 coJifis^o^goTetn^ competcut tribunals, judges, and ofBcers, and shall, in writ- ni^ntai author.tM. ^^^^ dcmaud tho Said deserters, proving, by the exhibition of the registers of the vessels, the rolls of the crews, or by other offi- cial 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 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 desert- ers 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 require. 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. Akticle XI. It is agreed that perfect and entire liberty of conscience shall be en- Liberiy of con- joycd by the citizens and subjects of both the contracting Kience. partlcs, lu thc countries of the one and the other, without their being liable to be disturbed or molested on account of their relig^ ious belief. But nothing contained in this article shall be construed to interfere with the exclusive right of the Hawaiian Government to reg- ulate for itself the schools which it may establish or support within its jurisdiction. Aeticle 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 sh,pwr«;ke. ghips Or vcsscls, 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-Oonsul in whose district the wreck may HAWAIIAN ISLANDS, 18i9. 545 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 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, Akticle XIII. The vessels of either of the two contracting parties which may be forced by stress of weather or other cause into one of the y„„,,j^,„„i^„ ports of the other, shall be exempt from all duties of port por" by° atre.°"'o° or navigation paid for the benefit of the State, if the motives 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. Aetiolb XIV. The contracting parties mutually agree to surrender, upon official requisition, to the authorities of each, all persons who, being Eitraditionef charged with the crimes of murder, piracy, arson, robbery, """»>'=■ 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 delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. Akticle XV. So soon as steam or other mail packets, under the flag of either of the contracting parties, shall have commenced running between „ ., ... ° \ ' «. ,, 1 ,• i- Mail arrangements. 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 theoriginal 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 3769 TK 35 546 TREATIES AND CONVENTIONS. « with their postages as established by law, and stamped upon each man- nscript 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. Article XVI. The present treaty shall be in force from the date of the exchange of DumioB of treat ^^^ ratiflcatious, for the term of ten years, and further, until umioBo treaty. ^-^^ ^^^ ^^ twclvc mouths aftcr 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 Katifloationii Statcs of Amerfca, by and with the advice and consent of ti oauona. ^^^ Scnatc of thc 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 ratiflcations 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 thousand eight hundred and forty-nine. SEAL.] John M. Clayton. SEAL.] James Jackson Jarves. 1875. convention respecting commercial reciprocity. Concluded January 30, 1875; Ratifications exchanged at 'Washington, June 3, 1875 ; Proclaimed June 3, 1875. The United States of America and His Majesty the King of the Ha waiian Islands, equally animated by the desire to strengthen and per- petuate the friendly relations which have heretofore uniformly existed between them, and to consolidate their commercial intercourse, have HAWAIIAN ISLANDS, 1875. 547 resolved to enter into a Convention for Commercial Eeciprocity. For this purpose, the President of the United States has conferred full powers on Hamilton Fish, Secretary of State, and His Maj- esty the King of the Hawaiian Islands has conferred like Nesoimtore. powers on Honorable Elisha H. Allen, Chief Justice of the Supreme Court, Chancellor of the Kingdom, Member of the Privy Council of State, His Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America, and Honorable Henry A. P. Carter, Member of the Privy Council of State, His Majesty's Special Commis- sioner to the United States of America. And the said Plenipotentiaries, after having exchanged their full powers, which were found to be in due form, have agreed to the follow- ing articles. Article I. For and in consideration of thei rights and privileges granted by His Majesty the King of the Hawaiian Islands in the next suc- ceeding article of this convention and as an equivalent there- 10"''.™^""/?™'^ for, the United States of America hereby agree to admit all °"""' the articles named in the folldwing schedule, the same being the growth and manufacture or produce of the Hawaiian Islands, into all the ports of the United States free of duty. SCHEDULE. Arrowroot; castor oil ; bananas, nuts, vegetables, dried, and undried, preserved and unpreserved ; hides and skins undressed ; rice ; pulu ; seeds, plants, shrubs or trees ; muscovado, brown, and all other unrefined sugar, meaning hereby the grades of sugar heretofore commonly imported from the Hawaiian Islands and now known in the markets of San Francisco and Portland as "Sand- wich Island sugar;" syrups of sugar-cane, melado, and molasses; tallow. Article II. For and in consideration of the rights and privileges granted by the TTnited States of America in the preceding article of this convention, and as an equivalent therefor. His Majesty, the fo'*b«"dK°d''"re" King of the Hawaiian Islands hereby agrees to admit all °""'^' the articles named in the following schedule, the same being the growth, manufacture or produce of the United States of America, into all the ports of the Hawaiian Islands, free of duty. SCHEDULE. Agricultural implements; animals; beef, bacon, pork, ham and all fresh, smoked or preserved meats; boots and shoes; grain, flour, meal, and bran, bread and breads tuffs, of all kinds; ^°'"°''°"- bricks, lime and cement; butter, cheese, lard, tallow, bullion; coal; cordage, naval stores including tar, pitch, resin, turpentine raw and rectified; copper and composition sheathing; nails and bolts; cotton and manufactures of cotton bleached, and unbleached, and whether or not colored, stained, painted or printed; eggs; fish and oysters, and all other creatures living in the water, and the products thereof; fruits, nuts, and vegetables, green, dried or undried, preserved or unpreserved; hardware; hides, furs, skins and pelts, dressed or undressed; hoop 548 TREATIES AND CONVENTIONS. iron, and rivets, nails, spikes and bolts, tacks, brads or sprigs; ice; iron and steel and manulactures thereof; leather; lumber and timber of all kinds, round, hewed, sawed, and unmantifactured in whole or in part; doors, sashes and blinds; machinery of all kinds, engines and parts thereof; oats and hay; paper, stationery and books, and all. manufactures of paper or of paper and wood ; petroleum and all oils for lubricating or illuminating purposes; plants, shrubs, trees and seeds; rice; sugar, refined or unrefined; salt; soap; shooks, staves and head- ings; wool and manufactures of wool, other than ready-made clothing; wagons and carts for the purposes of agriculture or of dray age; wood and manufactures of wood, or of wood and metal except furniture either upholstered or carved and carriages; textile manufactures, made of a combination of wool, cotton, silk or linen, or of any two or more of them other than when ready-made clothing; harness and all manufact- ures of leather; starch; and tobacco, whether in leaf or manufactured. ■ Article III. The evidence that articles proposed to be admitted into the ports of Evidence as to ttc United Statcs of America, or the ports of the Hawaiian Kre, hSi rX Islands, free of duty, under the first and second articles of lishei' j^jjjg convention, are the growth, manufacture or produce of the United States of America or of the Hawaiian Islands respectively, shall be established under such rules and regulations and conditions for the protection of the revenue as the two Governments may from time to time respectively prescribe. Aetiole IV. 'No export duty or charges shall be imposed in the Hawaiian Islands No export duty to Or lu thc Unitcd States, upon any of the articles proposed to InS^ °° "° be admitted into the ports of the United States or the ports of the Hawaiian Islands free of duty, under the first and second articles of this convention. It is agreed, on the part of His Hawaiian Majesty, that, so long as this treaty shall remain in force, he will not lease or No leale of Ha- othcrwisc dlspose of or create any lien upon any port, bar- waiian ports, and no-. ,■■ 7 ., •-■•-i •• i •! other nation to have bor. Or otucr tcmtory in his dominions, or grant any special th™!ini'te'd'stoM.°* privilege or rights of use therein, to any other power, state or government, nor make any treaty by which any other nation shall obtain the same privileges, relative to the admission of any articles free of duty, hereby secured to the United States. Article V. The present convention shall take effect as soon as it shall have been approved and proclaimed by his Majesty the King of the Hawaiian Islands, and shall have been ratified and duly proclaimed on the part of the Government of the United States, but not until a law to carry it Duration of con- Jito opcratiou shall have been passed by the Congress of the vention. Uultcd Statcs of America. Such assent having been given and the ratifications of the convention having been exchanged as pro- vided in article VI, the convention shall remain in force for seven years,* from the date at which it may come into operation ; and farther, until the expiration of twelve months after either of the high contract- ing 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 seven years, or at any time thereafter. * Time extended by convention of January 30, 1884, p. — , HAWAIIAN ISLANDS, 1876. 549 Article YI. The present convention shall be duly ratified, and the ratifications ex- changed at Washington city, within eighteen months from the date hereof, or earlier if possible. In faith whereof the respective Plenipotentiaries of the high contract- ing parties have signed this present convention, and have affixed thereto their respective seals. Done in duplicate, at Washington, the thirtieth day of January, in the year of our Lord, one thousand eight hundred and seventy-five. SEAL. SEAL. SEAL. Hamilton Fish. Elisha H. Allen. Henry A. P. Carter. 1876. PEOTOCOL OF A CONFERENCE BETWEEN THE ACTING SECRETARY OP STATE OF THE UNITED STATES AND THE ENVOY EXTRAORDINARY AND MINISTER PLENIPOTENTIARY OF HIS MAJESTY THE KING OF THE HAWAIIAN ISLANDS, Seld at Washington on the ninth day of September, 1876. Whereas it is provided by Article V of the Convention between the United States of America and His Majesty the King of the Hawaiian Islands concerning commercial reciprocity signed at Washington on the 30th day of January 1875, as follows : "Article V. The present convention shall take effect as soon as it shall have been approved and proclaimed by His Majesty the King of the Hawaiian Islands, and shall have been ratified and duly proclaimed on the part of the Government of the United States, but not until the law to carry it into operation shall ha-ve been passed by the Congress of the United States of America, such assent having been given, and the rati- fications of the convention having been exchanged as provided in Article VI, the convention shall remain in force for seven years from the date at which it may come into operation ; and further, until the expiration of twelve months 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 seven years, or at any time thereafter." And whereas the said convention has been approved and proclaimed by His Majesty the King of the Hawaiian Islands and has been ratified and duly proclaimed on the part of the Government of the United States : And whereas an act was passed by the Senate and House of Eepre- sentatives of the United States of America in Congress assembled enti- tled "An act to carry into effect a convention between the United States of America and His Majesty the King of the Hawaiian Islands, signed on the thirtieth day of January eighteen hundred and seventy-five," which was approved on the 15th day of August in the year 1876 : And whereas an act was passed by the Legislative Assembly of the Hawaiian Islands, entitled "An act to carry into effect a Convention between His Majesty the King and the United States of America, signed at Washington on the 30th day of January, 1875," which was duly approved on the 18th day of July, in the year 1876. 550 TEEATIES AND CONVENTIONS. And whereas the ratifications of the said Convention have been ex- changed as provided in Article VI. The undersigned William Hunter, Acting Secretary of State of the United States of America, and the Honorable Elisha H. Allen, Chief Justice of the Supreme Court, chancellor of the Kingdom, member of the Privy Council of State, and His Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America, duly author- ized for this purpose by their respective Governments, have met to- gether at Washington, and having found the said convention has been approved and proclaimed by His Majesty the King of the Hawaiian Is- lands and has been ratified and duly proclaimed on the part of the Gov- ernment of the United States, and that the laws required to carry the said Treaty into operation have been passed by the Congress of the United States of America on the one part and by the Legislative Assem- bly of the Hawaiian Islands on the other, hereby declare that the Con- vention aforesaid concluded between the United States of America and His Majesty the King of the Hawaiian Islands on the 30th day of Janu- ary, 1875, will take eifect on the date hereof. In witness whereof the undersigned have signed this protocol and have hereunto afiflxed their seals. Done in duplicate, at Washington, this ninth day of September, one thousand eight hundred and seventy-six. SEAL.] W. HUNTEE. SEAL.] Elisha H. Allen. HATTI. 1864. TEEATT OP AMITY, COMMERCE, AND NAVIGATION, AND FOR THE EXTRA- DITION OF FUGITIVE CRIMINALS. Concluded Ifovember 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 make lasting and firm the friendship and good understanding 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 relig- iously 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 Plenipoten- tiaries, to wit : The President of the United States, Benjamin F. Whidden, Commis- sioner and Consul General of the United States to the Eepublic of Hayti; and the President of Hayti, BoyerBaze- Ne,ot.ato». Ms, 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: Aeticle 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 Hayti, in all the extent of their possessions and ter- "'='"'""'" °f>""y- 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 tc live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with ™'""^"°"^'^"°°- 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 conditional. 552 TREATIES AND CONVENTIONS. Aktiole III. Kby any fatality (which cannot be expected, and which God forbid) Case of war ^^^ ^^^ natlons should 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. Aeticle IV. Neither the money, debts, shares in the public funds or in banks, or Property not to be ^uy othcr propcrty, of either party, shall ever, in the event confiscated. qj ^j^j. qj. natloual difference, be sequestered or confiscated. Akticle V. The citizens of each of the high contracting parties, residing or estab- Exemption from Ushcd lu the tcrrltory of the other, shall be exempt from all rsiiitary duw. compulsory military duty by sea or by land, and from all forced loans or military exactions or requisitions ; nor shall they 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 enter, sojourn, settle,, and reside in all parts of the territories «eDs"ofoS'natimm of tho Other, cugage'lu business, hire and occupy warehouses, otherln'SesVaf provlded 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 juris- diction of either party respectively, as well as in respect to the consign- ment 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 prmieges °''=''°""party, ou thc samc 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. 553 ARTICLE VII. There shall be no examination or inspection of the books, papers, or accounts of the citizens of either country residing within Ex™in»tion or the jurisdiction of the other without the legal order of a ''"°'" "'"' ""■"■• competent tribunal or judge. Article VIIL The citizens of each of the high. contracting parties, residing within the territory of the other, shall enjoy full liberty of con- Liberty or en science. They shall not be disturbed or molested on ac- '""'==• 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 p„p,rty or dti- personal property by sale, donation, testament, or otherwise ; ^f terJi?™""" the and their personal representatives, being citizens of the other °"""- contracting 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 stich 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, 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- dace, manufactures, or merchandise of any foreign country Reciprocity of i™- 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 Reciprocity or ex- foreign country, may in like manner be exported or re- ''°'"- exported in vessels of the other ; and the same duties, bounties, and 554 TREATIES AND CONVENTIONS. 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 coaBttag trade. ^^^ coastiug trado of the contracting parties, which is respectively reserved by each exclusively, to be regulated by its own laws. Article XIII. Ko higher or other duties shall be imposed on the importation into No diBcrimim,tm8 the Unitcd Statcs of any article the growth, produce, or SI" °L°rSf "im- manufacture of Hayti or her fisheries ; and no higher or port.. other duties shall be imposed on the importation into Hayti 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 No diBorimination Statcs ou the cxportatiou of any article to Hayti, nor in mduteaonoMort.. 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 arti- cle to any foreign country. No prohibition shall be imposed on the importation of any article the No diacrimmation growth, producc. Or mauufacturc of the United States or on importation. thclr fishcrles, 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 XIY. It is hereby agreed that if either of the high contracting parties should BiacripinatinBdu- hereaftcr impose discriminating duties upon the products '■'^ 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 Bight, of ..yiiim forced to seek refuge or asylum in the rivers, ports, or do- and refuge. mimoHS of thc othor 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 favor 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. 655 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 ^^^ ^^^^^^ 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 in like cases. If the repairs which a stranded vessel may require shall render it necessary that the whole or any part of her cargo should be ijj J3 J.' J* J. 1 n 1 Bepairfl of vesqela. 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 st^, „f ^ther all manner of liberty and security, no distinction being made gr^SSe^ who are the proprietors of the merchandise laden thereon, "^^r^^^'^onboiii. 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 Blockades same is either besieged, blockaded, or invested, it is hereby 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 permanent and immu- table the following principles, to wit : 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 ^re. .up. mato at war are free from capture or confiscation when found on ^"f^o^ board neutral vessels, with the exception of articles contraband of war. 556 TREATIES AND CONVENTIONS. 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 Property of neutrals. . j? il . 1. -ii j. j.i j. j. I. j. i enemies of both or either party, they are not to be taken out of that ship unless they are oflcers 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. Aeticle XX. The liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only which are distinguished Contraband of war. 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 land or at sea. Article XXI. All other merchandises and things not comprehended in the articles Goods not included of coutrabaud explicitly enumerated and classified as above in list of contraband, gjj^n ^g jjg]^ jjjj^ cousidcrcd as fTcc, aud 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. Aktiole XXII. In time of war the merchant ships belonging to the citizens of either Merchant .lip. in of t^c coutractlug paFtlcs which shall be bound to a port of time of war. ^]jg eucmy of one of the parties, 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. Aeticle XXIII. To avoid all kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to NeutraUeaselB. fi ■.• S^T. i. j.- j.- -j. • i. i, J the citizens ot the contracting parties, it is hereby ageed 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 the neutral party. These passports shall be valid for any number of voyages, but shall be renewed every year. HAYTI, 1864. 557 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 they 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 docu- ments or proofs, admissible by the usage of nations, that the vessel be longs to citizens or subjects of the neutral party, it shall not be confis- cated, but shall be released with her c8,rgo, (contraband goods excepted,) and be permitted to proceed on her voyage. Article XXIV. 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. Aetiole 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 »"■■= •""'-"^'■"i"'='- party toward the ships of the neutral party, shall be applicable only 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, ehall be considered by the respective cruisers as fully sufficient; the two par- ties reciprocally engaging not to admit, under the protection of their convoys, ships which shall have on board contraband goods destined to an enemy. 558 TREATIES AND CONVENTIONS. Article XXVI. Whenever vessels shall be captured or detained, to be carried into proTiBioM in case port Under pretence of carrying to the enemy contraband of captures. 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. !N"or 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 embez- ca„ of captured zlcmcut prevcntcd in time of war, it is hereby agreed that property. j^ shall uot bc 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 for the sailors one hundred dollars each. Article XXVIII. It is further agreed that in all cases the established courts for prize causes, in the country to which the prizes may be conducted. Prize cotirta. gjigU alouc takc cogmzancc 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- .hipS'or thei?'cai^ tcS to eutcr with their prizes the ports of either of the tA^o '""■ 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 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. HAYTI, 1864. S59 AETICLE XXX, It shaR not be lawful for any foreign privateers who have commis- sions from any Prince or State in enmity with either nation to fit 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 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 shaU 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 RigHB of dipio- grant to their Envoys, Ministers, and other diplomatic »■»"'= «=»«>• 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 agents, 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 na'vigation of their respective citizens, the United States of America and the co„,uis and vice- Eepublic of Hayti agree to admit and receive, mutually, <'°°'°''- 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 XXXIY. 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, E^equatun. before exercising their ofilcial functions, exhibit to the Government to which they are accredited 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 inhabitants, in the ppjisular district in which they reside. 560 TEEATIES AND CONVENTIONS. Akticle XXXV. It is also agreed that the Consuls, their secretaries, officers, and per- Ri h of o«»u 8 ^'^'^^ attached to the service of Consuls, they not being citi- Righta o consuls. ^^^^ ^^ ^^^ couutry 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 assistance of the authorities of the country for the arrest, 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 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, 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 Consular couvw- uavigation, 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 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 Fueitiyssfromjus. mado lu thclr 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- lished as to justify their apprehetfsion and commitment for trial, if the crime had been committed in the country wliere the persons so accused shall be found ; in all of which the tribunals of said country shall pro- ceed and decide according to their own laws. HAYTI, 1864. 561 aeticle xxxrx. Persons shall be delivered up, according to the provisions of this treaty, who shall be charged with any of the following ^ ._^^^ crimes, to wit: murder, (including assassination, parricide, infanticide, and poisoning,) attempt to commit murder, piracy, rape, forgery, the counterfeiting of money, the utterance of forged paper, arson, robbery, and embezzlement by public ofllcers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. Aeticle XL, The surrender shall be made, on the part of each country, only by tlje authority of the Executive thereof. The expenses of ^f°™'J°'; ^^j'^ the detention and delivery, effected in virtue of the preced- "™.° ing articles, shall be at the cost of the party making the demand. Aeticle SLI. The provisions of the foregoing articles relating to the extradition of fugitive criminals shall not apply to offences committed be- os^me, not" m- fore the date hereof, nor to those of a political character. °'"^°''- Neither of the contracting parties shall be bound to deliver up its own citizens under the provisions of this treaty. Aeticle XLII. The present treaty shall remain in force for the term of eight years, dating from the exchange of ratifications ; andif one year „„,^,i„„„rtreat 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. Aeticle XLIII. The present treaty 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 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 oar Lord one thousand eight hundred and sixty-four. seal. SEAL. B. F. Whidden. BOTEB BAZELAIS, 3769 TE- GRAND DUOHY OF HESSE. 1844. CONVENTION FOE ABOLITION OF DROIT D'AUBAINE AND TAXES ON EMIGRATION. Concluded March 26, 1844 ; ratifications exchanged at Berlin Octoier 1*6, 1844; proclaimed May 8, 1845. The United States of America, on the one part, and His Eoyal High- ness the 'Grand Dake 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 Ne otiator. Statcs of Amcrica has conferred full powers on Henry 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 Schaefier-Bernstein, his Chamberlain, Colonel,- Aide-de-Camp, and Minister Eesident near His Majesty the King of Prussia; Who, after having exchanged their said full powers, found in due and proper form, have agreed to the following articles : Article I. Every kind of droit d'aubaine, droit deretraite, and droit de detraction, Droit d'aubaina. ^^ ^^^ ^^ cmigration, 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 Disposal or real territorfes of one party, such real property would, by the property. j^^g of the laud, desceud 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 pro- ceeds thereof, without molestation, and exempt from all duties of detrac- tion on the part of the Government of the respective States. Article III. The citizens or subjects of each of. the contracting parties shall have Property of citi- powBr to dlsposc of thclr pcrsonal propcrty wlthlu thc Statcs JhrtSruoToffte of the other, by testament, donation, or otherwise; and their other. heirs, beingcitizens or subjects of the other contracting party, shall succeed to their said personal property, whether by testament or ab 568 1868. 563 intestate, and may take possession thereof, either by themselves or by other acting for them, and dispose of the same at their pleasure, paying such duties only as the inhabitants of the country where the said prop- erty 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 propertrofabBMt taken in a like case of property belonging to the natives of *"'"• thecountry, 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 dis- pose of the inheritance. Akticle V. If any dispute should arise between different claimants to the same inheritance, they shall be decided, in the last resort, accord- i,i,p„teB coKcupn- ing to the laws and by the judges of the country where the ™i°'«"»"==- 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 Eoyal Highness the Grand Duke of Hesse, K»f6cat.on.. 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 America. SEAL.] Henry Wheaton. seal.j B'on de Schaepfer-Bernstein. [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 Ehine, and the Landgrave of Hesse-Homburg, and other powers, see convention of that date with Prussia and other states of the Germanic Confederation.] 1868. CONVENTION RELATIVE TO NATURALIZATION. Concluded August' 1, 1868 ; ratifications exchanged at Berlin, July 23, 1869 j 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- eration, to regulat&the citizenship of those persons who emigrate from 564 TREATIES AND CONVENTIONS. 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 therefore resolved to treat on this subject, and for that purpose have appointed Plenipoten- tiaries 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. Negotiators. Fredcrick Baron von Lind'elof, President of his Council of State, Minister of Justice, 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 wie„ citizens of the North German Confederation, who have become or shall HL'Vl"'L?°S'bI become naturalized citizens of the United States of America, cSenV'a'^r'vice ^Dd shall havc resided uninterruptedly within the United ""'"'■ States five years, shall be held by the Grand Ducal Hessian Government to be Amercian 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 Declaration ofin- othor couutry, has not for either party the effect of natural- '=°*- ization. Article II. A naturalized citizen of the one party, on return to the territory of Offences commit- ^^^ otheT party, remalns liable to trial and punishment for ted before emijratioa au actiou puuishaWe by the laws of his original country, and committed before his emigration, saving always the limitation es- tablished by the laws of his original country. Article III. The convention for the mutual delivery of criminals fugitives frpm justice in certain cases, concluded between the United States trSSo^pfftBitwos of America and the Grand Duchy Hesse, on the 16th of fromjn8t,ce. junc, 1852, remalus in force, without change. Article IV. If a Hessian, naturalized in America, but originally a citizen of the Kenunciation of parts of thc Graud Duchy not included in the North Ger- citizenship. jjj^Q Confederation, renews his residence in those parts without the intent to return to America, he shall be held to have renounced bis naturalization in the United States.. GRAND DUCHY OF HESSE, 1868. 565 Reciprocally, if aa 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 eflfect immediately, on the exchange of ratifications, and shall continue in force for ten i,„rauoii of con- years. If neither party shall 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 contracting parties shall have given notice to the other of such intention. Article VL 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, SEAL. SEAL. Geo. Bancroft. Friedrich Frbiherr von Lindelof. HONDUEAS. 1864. TREATY OF FREEITOSHIP, COMMERCE, AND NAVIGATION. Concluded July 4, 1864; ratifications excJianged at Tegucigalpa May 5, 1865; proclaimed May 30, 1865. Commercial intercourse having been for sometime established between the United States and the Eepublic of Honduras, it seems good for the security as well as the encouragement of such commercial intercourse, and for the maintenance of good understatiding 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 navigation. For this purpose they have named their respective Plenipotentiaries, that is to say: The President of the United States, Thomas H. Clay, Minister Eesi- Ne otiators ^^^^t of tho Uultcd Statcs to the Eepublic of Honduras ; egotiators. ^^^ g^^^ Bxcclleucy 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 fol- lowing articles : Article I. There shall be perpetual amity between the United States and their citizens on the one part, and the Government of the Eepub- Peace and amity. ■.. /» tt j t "j. -i* j_-i j.i lie of Honduras and its citizens on the other. Article II. There shall be, between all the Territories of the United States and Reciprocal frB»- th© Tcrritories of the Eepublic of Honduras, a reciprocal dom of commerce, fpeedom of commercc. 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 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 securityfor their commerce ; subject, always, to the laws and statutes of the two countries respectively. . In like manner the respective ships of war and post-offtce packets of the two countries shall have liberty, freely and securely, to come to all 566 HONDURAS, 1864. 567 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, alwayis, 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 coa.tmgtra =. 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 "•""f"™'^^""'""- 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 subjects or citizens 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. Aeticle IV. No higher nor other duties shall be imposed on the importation into the territories of the United States of any articles being of no ducriminstiw ■ 1 11 -| A j_ /> j_i T-k 1 1 - n TT duties on account of thegrowth, produce, or manufacture of the Kepublic of Hon- nationality of im- duras, and no higher nor other duties shall be imposed upon S? OTom'"'"'""" the importation into the territories of the Republic of Honduras 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 ter- ritories 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 Eepublic of Honduras, to or from the said territories of the United States, or to or from the Kepublic of Honduras, which shall not extend equally to all other nations. Aeticle V. ]So higher nor other duties or payments on account of tonnage, of light or harbor dues, of pilotage, of salvage, in case either ^o diBcriminatio» of damage or shipwreck, or on account of any other local "■o»°-'B8teie». charges, shall be imposed in any of the ports of the Republic 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. 568 TREATIES AND CONVEKTIONS. AETICLE VI. The same duties shall be paid on the importation into the territories of the Eepublic of Honduras of any article being of the growth, pro- duce, or manufacture of the territories of the United States, whether No diBcrimmation such Importatiou shall be made in vessels of Honduras or of SSnam/of'vM' 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, prodjice, or manufacture of the Eepublic of Honduras, whether such importation shall be made in United States or in Honduras vessels. The same dues shall be paid, and the same bounties and drawbacks No di»crii.,mation allowcd, ou the exportatlou to the Eepublic of Honduras of L°fbif«m'erorS any articles being the growth, produce, or manufacture of """'■ the territories of the United States, whether such exporta- tions shall he 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 manufacture of the Eepublic of Honduras to the territories of the United States, whether such exportation shall be made in United States or in Honduras vessels. Aeticle VII. All merchants, commanders of ships, and others, citizens of the Uni- priviie B of citi *®*^ States, shall have full liberty, in all the territories of jMBofoM nation in tho EepuWic of Honduras, to manage their own affairs other"" bu^nMs'sf- themsclves, or to commit them to the management of whom- soever they please, as broker, factor, agent, or interpreter ; nor shall they be obliged to employ any other persons in those capaci- ties 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 citi- zens 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 Eepublic of Hon- duras, as they shall see good, observing' the laws and established cus- toms of the country. The same privileges shall be enjoyed in the territories of the United States by the citizens of the Eepublic 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 shaU 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 Further rivi o ^^ sMps, thc safcty of the merchandise, goods, and effects, """""^''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 con- HONDURAS, 1864. 569 tracting parties shall reciprocally eiyoy 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. If any citizen of either of the two high contracting parties shall die without will or testament in any of the territories of the E»tate» or person other, the Oonsul-General or Consul of the nation to which ^"^"^ the deceased belonged, or the representative of such ConsulGeneral or Consul in his absence, shall have the right to nominate curators to talre 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 deceased, giving proper notice of such nomination to the authorities of the country. Akticlb IX. The citizens of the United States residing in the Bepublic of Hondu- ras, and the citizens of the Eepublic of Honduras residing 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 ordinary charges, requisitions, or taxes greater than those that are paid by native citizens of the contracting parties respectively. Aeticle 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 Diplomats Agent, territories of the other party; but before any Consul shall "•' consuls. 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 Diplomatic Agents and Consuls of Honduras shall eniov in the territories of the United ctj_ j_ ij ..-I ,. -»• -,• Rights of Consuls. 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 a^e or may be granted in the Eepublic of Honduras to the Diplomatic Agents and Consuls of the most favored nation. Aeticle XI. For the better security of commerce between the citizens of the United States and the citizens of the Kepublic of Honduras, it is agreed that if at any time any interruption of friendly in- caseof »ar. 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 which they themselves shall select. And even in the event of a rupture, all such citizens of either of the two high contracting parties who are 570 TEEATIES AND CONVENTIONS. . 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 j 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 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 IJnited States and the citizens of the Eepublic of priyiieje, of citi- Houduras, respectively, residing in any of the territories StorXri^'tb" of the other party,, shall enjoy in their houses, persons, and other. properties 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, 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 territories of the two high contracting parties ; provided they respect the religion of the nation in which they reside, as well as the constitu- tion, 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. Aeticle XIII. In order that the two high contracting parties may have the opportu- nity of hereafter treating and agreeing upon such other ar- tara"Sic°e.°of 'the raugcments as may tend still further to the improvement of treaty. thclr 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 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. Inasmuch as a contract was entered into by the Government of Hon- duras and a company entitled the " Honduras Inter-oceanic oSZt^ ■sJa^.'Ij Eailway Company," for the construction of a railway from Company. thc Atlautlc to thc Pacific Oceans, through the territories of Honduras, which contract was ratified by the constitutional powers of HONDUEAS, 1864. 571 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 tlie 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 wayonortran- 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 whatever. STo 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 tho 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 guarantees, positively and efflca- 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 572 TREATIES AND CONVENTIONS. guarantee shall not, however, be withdrawn by the United States with- out first giving six months' notice to the Eepnblic of Honduras. Article XV. The present treaty shall be ratified, and the ratifications shall be exchanged at Comayagua within the space of one year, or Ratifications. sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have afilxed 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. [SBAIi. Thos. H. Glat. [SEAL.] M. COLINDEES. ITALY. 1868.* CONVENTION CONCEENING THE RIGHTS AND PRIVILEGES OP CONSULS. Concluded, February 8, 1868; ratifications exchanged at Washington 8^- tember 17, 1868; proclaimed February 23, 1869. The President of the United States and His Majesty the King of Italy, recognizing the utility of defining the rights, privileges, and im- munities of consular offtcers 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 Commander Marcello Oerruti, &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. Bach of the high contracting parties agrees to receive from the other Consuls General, Consuls, Vice-Consuls, and Consular ^^^^^^ Agents, in aU 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 fbrms established in their respective countries, shall be furnished with the necessary exequatur free of charge, and on the Eiequaturs. 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 ^. ^^ ^^ ^ offences which the local legislation qualifies as crimes, and cit[zln?o° the°state punishes as such ; from military billetings, from service in ''■"'°'"""e"'"°- the militia or in the national guard, or in the regular army, and from aU tqixation, Federal, State, or municipal. If, however, they are citizens or subjects of the State where they reside, or own property, or engage * See Notes: "Abrogatedj suspended; or obsolete treaties." 573 574 TREATIES AND CONVENTIONS. 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 ofiBcer who is a citizen or subject of the State by which coMuUMwitMBse. ^® ^^^ 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 con- sular of&cer 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 re- quest, 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. Aetiole V, Consuls General, Consuls, Vice-Consuls, and Consular Agents may Am.aiidfl 1 place over the outer door of their offices, or of their dwell- °"" ing-houses, the arms of their nation, with this inscription, "Consulate, 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. Aetiole VI. The consular offices and dwellings shall be at all times inviolable. The local authorities shall not, under any pretext, invade Consular archives.' ,-, -w- t -1% ,t • *'■*■. ,,' them. In no case shall they examine or seize the papers there deposited. In no case shall those offices or dwellings be used as places of asylum. When, however, a consular officer is engaged in other business, the papers relating to the consulate shall be kept separate. Aetiole VII. In the event of the death, incapacity, or absence of Consuls General, Death or .baeiic. ConsulSjVice-Cousuls, aud Cousular AgcntSjthcir chaucellors of coMuiB. Qj. secretaries, whose official character may have previously been made known to the Department of State at Washington, or to the Minister for Foreign Affairs in Italy, may temporarily exercise their functions, and while tkus acting they shall enjoy all the rights, prerbg- atives, and immunities granted to the incumbents. Article VIII. Consuls General and Consuls may, with the approbation of their re- power of coMoi spective Governments, appoint Vice-Consuls and Consular 10 wpoTntVSe-coi' Agents in the cities, ports, and places within their cqpsular 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 ITALY, 1868. 575 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 complain to the authorities of the respective countries, whether Federal or local, judicial or local, judicial or execu- treaiie8''or"c°onleS- 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 resided Article X. Consuls General, Consuls, Vice-Consuls, and Consular Agentsmaytake at their offices, at the residence of the parties, at their 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 have exclusive charge of the internal order of the merchant vessels of their nation, and shall alone take cognizance of retat.vrto°'the°veB- differences which may arise, either at sea or in port, between SuL mwt«B°and the captains, officers, and crews, without exception, particu- """"' larly in reference to the adjustment of wages and the execution of con- tracts. 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 differences, 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. 576 TREATIES AND CONVENTIONS. Article XII. In conformity ■with the act of Congress, (5 [3] March, 1855, "to regu- setuement of dis- Istc the carnagc of passengers on steamships and other Sffi™r.SfTMS8a'd vessels,'") all disputes and differences of any nature between their pa.s.ng.r8. ^jjg captalus aud thclr ofiQcers 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 Deserters. maMug 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 oflicial documents, to show'that the persons claimed belonged to the said crew. Upon such request alone, thus supported, and without the exaction of any oath from the consular ofBcers, the deserters, not being citizens or subjects of the country where the demand is made at the time ot 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 oflBcers 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 shaU he be again arrested for the same cause. Article XIV. In the absence of an agreement to the contrary between the owners, Damwes suffered frcighters, aud insurers, all damages suffered at sea by the at sea. vessels of the two countries, whether they enter port volun- 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 J upon the coasts of Italy, and of Italian vessels wrecked upon savaee. ^^^ coasts of thc Uuitcd 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, untU the arrival of the Consul in whose ITALY, 1869. 577 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- 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 exportalion 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 consumption in the country where the wreck may have taken place. Aexiole XVI. In case of the death of a citizen of the United States in Italy, or of an Italian subiect in the United States, without having any / ^^ *' ^6&tli of citiz6n8 known heirs or testamentary executor by him appointed, ^f on« nawon^ij. a. the competent local authorities shall inform the Consuls or '°""°"°" ''°"'"- Consular Agents 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. Article XVII. The present convention shall remain in force for the space of ten (10) years, counting from the day of the exchange of the ratifl- Duration of con. cations, which shall be made in conformity with the respect '°°"°°- ive constitutions of the two countries, and exchanged at Washington, within the period of six (6) months, or sooner if possible. In case neither party gives notice, twelve (12) months after the ex- piration of the said period of ten (J 0) years, of its intention not 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 afilxed 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 America. SEAL. SEAL. William H. Sewaed. Maecello Oeeetjti. 1869. additional article to convention op FEBRUARY 8, 1868. ConcludedJanuary 21, 1869; ratifications exchanged at Washington May 7, 1869; proclaimed May 11, 1869. The exchange of ratifications of the convention for regulating the jurisdiction of Consuls, between the United States and His Time for exchang- Majesty the King of Italy, which was signed on the 8th of S^'Sior'reutin^ February, 1868, having been unavoidably delayed beyond toconsuueitonded. the period stipulated in Article XVII, it is agreed between the high contracting parties that the said convention shall have the same force 3769 tee 37 578 TREATIES AND CONVENTIONS. 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. SEAi.J William H. Sewakd. SEAL.] M. Cebeuti. 1868. CONVENTION FOE THE EXTRADITION OF CRIMINALS, FUGITIVE FROM JUSTICE. GoTwluded March 23, 1868; ratifications exchanged at Washington S^- tember .17, 1868; proclaimed S&ptember 30, 1868. The "United States of America and His Majesty the King of Italy, having judged it expedient, with a view to the better administration of justice, and to the prevention of crimes within their respective territo- ries and jurisdiction, that persons convicted of or charged with the crimes hereinafter specified, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a convention for that purpose, and have appointed as their Plenipotentiaries : Thp President of the United States, William H. Seward, Secretary of State; His Majesty the King of Italy, the Commander Mar- Nesotiators. ^^^^ Ccrruti, Euvoy Extraordinary and Minister Plenipo- tentiary ; 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 Extradition of mutually agree to deliver up persons who, having been r.rimio.n. convlctcd of Or charged with the crimes specified in the fol- lowing article, committed within the jurisdiction of one of the contract- ing 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 Crimea. ^® chargcd, accordlug to the provisions of this convention, "■°°°- ^ith any of the following crimes:* 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. * Kidnapping added to the list of crimes by Article I of the convention of Jane 11, 1884. ITALY, 1868. 579 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 entering by night into the house of another with the intent to commit felony ; and the crime of robbery, defined to be the action of feloniously and fbrcibly taking from the person of another goods or money, by vio- lence 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 apy title and instrument of credit whatsoever, the counterfeiting of 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 n,-i ■ ' i-i-.-i f J--1 ifi Political offences. up for the crimes enumerated in 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. K the person whose surrender may be claimed, pursuant to the stipu- lations of the present treaty, shall have been arrested for the Extradition for lo- commission of offences in the country where he has sought "^ot^"'™- 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 by the respective Diplomatic Agents of the contracting parties, or in the event of the absence of these from the tr.ditrou':"°Zd°eB"r country or its seat of 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, authenticated under its seal, and an attestation of the official character of the judge by the proper executive authority, and of the latter by the Minister or Consul of the United States or of Italy, respectively, shall accompany the requi- sition. 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 depo- 'Amended by convention of Jannary 21, 1869. tAmended by Article II of the convention of June 11, 1884. 580 TREATIES AND CONVENTIONS. sitions upon which such warrant may have been issued, must accom- pany the requisition as aforesaid. The President of the United States, or the proper executive authority in Italy, may then issue a warrant for the apprehension 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 prescribed in such cases. Abtiole VI. The expenses of the arrest, detention, and transportation of the persons Ex en.eB cMmed, shall be paid by the Government in whose name the requisition shall have been made. Article VII. This convention shall continue in force during iive (5) years from the Duration of con- day of cxchauge of ratifications; but if neither party shall rention. havo glveu to the other six (6) months' previous notice of its intention to terminate the same, the convention shall remain in force five years longer, and so on. The present convention shaU 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 afl3xed 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. fSEAii.l William H. Seward. [seal.] M. Cerruti. 1869. CONVF^TION FOE THE EXTRADITION OF CRIMINALS FUGITIVE FROM JUSllCE, BEING ADDITIONAL ARTICLE TO THE CONVENTION OF MARCH ■ as. 1868. Concluded Jamuary 21, 1869; ratifications exchanged at Washington May 7, 1869; proclaimed May 11, 1869. It is agreed that the concluding paragraph of the second article oi the convention aforesaid shall be so amended as to read as follows: 8. Embezzlement by any person or persons hired or salaried, to the Embezzlement to j.,„u=^» »m™L detriment of their employers, when these crimes are subject be'iauBe'ronxwad? to iufamous punishmcut according to the laws of the United States, and criminal punishment according to the laws of Italy. In witness whereof, the respective Plenipotentiaries have signed the present article in duplicate, and ,Jiave affixejd thereto the seal of their arms. Done at Washington the 21st day of January, 1869. SEAL.] William H. Seward. SBAX.j M, Cekrtjti. ITALY, 1871. 581 1871. TREATY OF COMMERCE AND NAVIGATION. Concluded February 26, 1871; ratifications exchanged at Washington No- vember 18, 1871; proclaimed November 23, 1871. The TJnited States of America and His Majesty the King of Italy, desiring to extend and facilitate the relations of commerce and naviga- tion between the two countries, have determined to conclude a treaty for that purpose, and have named as their respective Plenipotentiaries: The TJnited States of America, George Perkins Marsh, their Envoy Extraordinary and Minister Plenipotentiary near His Maj- ^^ ^^.^ ,^^ esty the King of Italy; and His Majesty the King of Italy, the Foble Emilio Visconti Venosta, Grand Cordon of his Orders of the Saints Maurice and Lazarus, and of the Grown of Italy, Deputy in Par- liament, and his Minister Secretary of State for Foreign Affairs; And the said Plenipotentiaries, having exchanged their full powers, found in good and due form, have concluded and signed the following articles: Aetiole I. There shall be between the territories of the high contracting parties a reciprocal liberty of commerce and navigation. ^ ^ ^ Italian citizens in the United States, and citizens of the -?="/ and °mv°S- 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, wliich may be open to foreign commerce. They shall also have liberty to sojourn and reside in all parts whatever privileges of mi- of said territories. They shall enjoy, respectively, within the ?™terr°?or?"o°°he 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 ^" ™"''' nation. Aetiole II. The citizens of each of the high contracting parties shall have liberty to travel in the States and Territories of the other, to carry Right to t™vei and on trade, wholesale and retail, to hire and occupy houses ""^ on trade. 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 thp high contracting parties shall receive, in the States and Territories of the other, the most constant secnritytopor.ons protection and secui?ity for their persons and property, and '■^^vToseru. 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. 582 TREATIES AND CONVENTIONS. They shall, however, be exempt in their respective territories from Exemption from compulsorj military service, either on land or sea, in the ser"fc'?fcoJofflc? rcguIar forces, or in the national guard, or in the militia. and contributions. ' Tjjgy gijall likcwise 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 No -mbar o or de ^^^ Statcs Or Terpitorics of the other, to any embargo, nor tent^on^wTthoSt in^ shall they be detained with their vessels, cargoes, merchan- demnilicaUon, -, . jv» j. /> -t. t.. j^ i dise, or enects, for any military 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, ^, . . . manufactures, or merchandise of any foreign country can iudMie's'd"ZbSs° be from time to time lawfully imported into the United an bountie.. statcs, lu thclr owu vessels, may be also imported in Italian vessels ; that'no other or higher 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 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 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 and re-exported from the one coun- try, in its own vessels, to any foreign country, may in the 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 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 Ko discriminating the Uultcd Statcs of any articles, the produce or manufact- nSionaTtr'2f"m,- "^es of Italy, and no higher or other duties shall be imposed '""'■ 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 No discriminatinB couutpy; uor shall any other or higher duties or charge^ be duties upon exports, impogcd, lu clther of the two countries, on the exportation 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 Most favored na- couutry, uor shall any prohibition be imposed on the impor- ''°°- tation or the exportation of any articles the produce or manufactures 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. ITALY, 1871. 583 Akticle VII. Vessels of the United States arriving at a port of Italy, and, recipro- cally, vessels of Italy arriving at a port of the United States, ^^^^^^ ^^ ^.^^^ may proceed to any other port of the same country, and may conS'enterfi! " ,, '' ^ -,. 1 ■', ij.j.i_. • ■ ^ port cftho other may there discharge such part of their original cargoes as may pro™Gd^t..^«oother not have been discharged at the port where they first ar- £2" »« eSi'^in rived. It is, however, understood and agreed that nothing '°'«""==°""»'"°°- contained in this article shall apply to the coastwise navigation, which each of the two contracting parties reserves exclusively to itself. Akticle VIII. The following shall be exempt from paying tonnage, anchorage, and clearance duties in the respective ports: certain vessels to 1st. Vessels entering in ballast, and leaving again in bal- Sa8er«"SomS,'aud last, from whatever port they may come. ciea^anc^ duties'. 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 ^aid 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 ,. 11 n/. ■ 1 ^ 1 J. What vesflels not merely breaks bulk for repairs, transfers her cargo to an- to be considered as other vessel on account of unseaworthiness, 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 consumption shall be liable to the payment of goS.'iopayc™"™ . T .. -^ K ^ '' duties. custom duties. Article IX. When any vessel belonging to the citizens of either of the contracting parties shall be wrecked, foundered, or shall suffer any dam- age, on the coasts or within the dominions of the other, sh.pwreeks. there shall be given to it all assistance and protection in the same man- ner which is usual and customary with the vessels of the nation where the damage happens, permitting them to unload the said vessel, if nec- essary, of its merchandise and effects, and to reload the same, or part thereof, paying no duties whatsoever but such as shall be due upon the articles left for consumption. Article X. Vessels of either of the contracting parties shall have liberty, within the territories and dominions of the other, to complete their vessels ma? com- crew, in order to continue their voyage, with sailors articled p'^^ ft»i' "=*»• 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 the contracting parties, which may be captured by pirates, t.^,,,, ^p„„^j 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 584 TREATIES Airo CONVENTIONS. dominions of the other, shall be delivered up to the owners, they prov- ingj ia dlie and proper form, their rights before the competent tribu- nals j 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. , Abticle XII. The high contracting parties agree that, iu the unfortunate event of a war between them, the private property of their respect- ive citizens and subjects, with the exception of contraband of war, shall be exempt from capture or seizure, on the high seas or elsewhere, by the armed vessels or by the military forces of either party; it being understood that this exemption shall not extend to vessels and their cargoes which may attempt to enter a port blockaded by the naval forces of either party. AKTIOLfi XIII. The high contracting parties having agreed that a state of war be- whattocoMtitute twccu ouc of thcffi aud a third Power shall not, except in a legal blockade. fj^Q csLSBS of blockado aud contraband of war, affect the neu- tral commerce of the other, and being desirous of removing every uncer- tainty which may hitherto have arisen respecting that which, upon prin- ciples of fairness and justice, ought to coustitute a legal blockade, they hereby expressly declare that such places only shall be considered block- aded as shall be actually invested by naval forces capable of preventing the entry of neutrals, and so stationed as to create an evident danger on their part to attempt it. Aeticlb XIY. And whereas it frequently happens that vessels sail for a port or a • Vessels attem t T?^^^^ bclongiug to au cucmy without knowing that the same ing ?n°?noS™rt5 is besieged, blockaded, or invested, it is agreed that every enter a blockaded . . ° .' . . ", -i j " -. ° n y i por|,^not to be de- vcsscl SO circumstauced may be turned away from such port or place, but shall not be detained, nor shall any 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 Endorsement on thc blockadlng forccs, by an endorsement of such officer tbe vessels papers. Qu thc papors of thc vcsscl, mentioniug the date and the latitude and longitude where such endorsement was made, she sball again attempt to enter ; but she shall be permitted to go to any other port or place she shall think proper. 'Nov 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 quit- ting 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, Vessels in port ^^^'^g ^^^^ cutcred any port before the blockade took tawEld''^"" '"'" P^^c®' shall take on boardi a cargo after the blockade be established, she shall be subject to being warned by the blockading forces to return to t^e port;. blockaded and discharge the said cargo, and if, after receiving the said warning, the vessel shall per- sist in going out with the cargo, she shall be liable to the same conse- quences as a vessel attempting to enter a blockaded port after being warned off by the blockading forces. ITALY, 1871. 585 AETIOLE XV. , The liberty of navigation and commerce secured to neutrals by the stipulations of this treaty shall extend to all kinds of mer- contraband or war chandise, excepting those only which are distinguished by 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, sabers, lances, spears, halberds, bombs, grenades, powder, matches, balls, and aU 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. 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. Aeticle XVI. It shall be lawful for the citizens of the United States, and for the subjects of the Kingdom of Italy, to sail with their ships cite™ or either with all manner of liberty and security, no distinction being f°o™'T„r'°p';f„ anJ! made who are the proprietors of the merchandise laden Sott who \?e"eii°- mies of the other. 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 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 whatever, 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 p„e .hw make be deemed to be free and exempt from capture 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 the other, contraband goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons who are on board of a free ship; and they shall not be taken out of that free ship unless they are officers or soldiers, ^nd in the actual service of the enemy: Provided, however, and it is hereby agreed, that the stipulations in this article con- tained, declaring that the flag shall cover the property, shall be under- stood 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. ,_/^' RETICLE XVIL All vessels sailing under the flag of the United Sta,tes, and furnished with such papers as their laws require, shall be regarded in p,^r,„f „„,;„„„,. Italy as vessels of the United States, and, reciprocally, all "" "f'^iei'- vessels sailing under the flag of Italy, and furnished with the papers Yoy. 586 TREATIES AND CONVENTIONS. which the laws of Italy require, shall be regarded in the United States as ItaliJm vessels. Article XVIII. In order to prevent all kinds of disorder in the visiting and examina- m htofsem h. *^^^ ^^ *^® ships and cargoe's of both the contracting parties ""° '°"* on the high seas, they have agreed, mutually, that whenever a vessel of war shall meet with a vessel not of war of the other contract- ing party, the first shall remain at a convenient distance, and may send its boat, with two or three men only, in order to execute the said exam- ination of the papers, concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment ; and it is expressly agreed that the unarmed party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his pa- pers, or for any other purpose whatever. Article XIX. It is agreed that the stipulations contained in the present treaty rela- veasds under con- tivo to the visitlug aud examining of a vessel shall apply only to those which sail without a 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 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- jects of "the contracting parties, it is agreed between them tS''"«ni.hm''ent'Md commaudcrs of ships of war of each party, respect- d°mas°"fo"oSms ively, shall be strictly enioined to forbear from doing any on persons or prop- -, "^ ' . ..V. "^ . • j_ j.i -j.. orty of citizens of the damagc to Or committing any outrage against the citizens or ot eroountr?. gubjccts of thc othcr, 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 Case of war 3,yeTt, thc two coutractiug parties should be engaged in a Case o war. ^^^ -with, cach othcr, 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 business, and transport their effects wherever they please, with 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 of the earth, artisans, mechanics, manufacturers, and fishermen, unarmed and inhabiting the 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 de- stroyed, 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 ITALY, 1871. 587 be necessary that anything should be taken from them for the use of such belligerent, 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 tub article tot to suspending this article; but, on the contrary, that the state ^„S"ofaS p™- of war is precisely that for which it is provided, and during '°°°°- which its provisions are to be sacredly observed as the most acknowl- edged obligations in the law of nations. Akticlb XXII. ■ The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of Prepertyofcitii..en« the other, by sale, donation, testament, or otherwise, and ter?toy"of°thl°ortf. their representatives, being citizens of the other party, shaU "■ 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 justice, in order to maintain and defend their own rights, court, of justice without any other conditions, restrictions, or taxes than ^SllS^IXfcouiS: such as are imposed upon the natives. They shall, there- "'• fore, be free to employ, in defense of their rights, such advocates, solic- itors, 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 evidences which may be exhibited in the said trials. Aetiole XXIV. The United States of America and the Kingdom of Italy mutually engage not to grant any particular favor to other nations, „o,t f„„ed na- in respect 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. Aeticle XXV. The present treaty shall continue in force for five (5) years from the day of the exchange of the ratifications; and if, twelve (12) months before the expiration of that period, neither of """"^ »'''"■"'>' the high contracting parties shall have announced to the other, by an ofiBicial notification, its intention to terminate the said treaty, it shall re- main 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. 588 TREATIES AND- CONVENTIONS. Article XXVI. The present treaty shall be approved and ratified by His Majesty the Ratification. ^^^S of Italy, aud by the President of the United States, by at. cation.. ^^^ ^^^ ^-j^^ advice and consent of the Senate thereof, and 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 lan- guages, and thereto afQxed their respective seals. Done at Florence this twenty- sixth day of February, in the year of our Lord one thousand eight hundred and leventy-one. SEAL. SEAL. George P. Marsh. ViSCONTI Venosta. 1878. CONVENTION CONCERNING THE RIGHTS AND PRIVILEGES OF CONSULS. Concluded May 8, 1878; ratifications exchanged at Washington September 18, 1878; proclaimed September 27, 1878. The President of the United States and His Majesty the King of Italy, Ncuotiator. recoguiziug the utility of defining the rights, privileges and immunities of consular ofBcers in the two countries, have determined to conclude a consular convention for that purpose, and ac- cordingly, have named : The* President of the United States, William M. Evarts, Secretary of State of the United States: His. Majesty the King of Italy, Baron Alberto Blanc, his Envoy Extraordinary and Min- ister Plenipotentiary to the United States. 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 pledges itself to admit the Oon- RecoBnitionofcon- suls General, Consuls, Vice-Consuls and Consular Agents .uiaroiEcera. ^f ^jjg othcr lu all its ports, places and cities, with the ex- ception of those in which it may not be deemed proper to recognize such functionaries. This reservation, however, shall not be applied to one of the high con- tracting parties without being applied in like manner to all the other Powers. Article II. Consular officers shall receive, after presenting their commissions, and Eiajaatur. accordlug to thc formalities established in the respective countries, the exequatur required for the exercise of their functions, which shall be furnished to them free of cost; and on pre- sentation of this document, they^shall be admitted by'all the authorities of their place of residence, to the enjoyment of the rights, prerogatives and immunities granted them by this convention. ITALY. IS78. 589 Aetiole III. Consular ofQces, citizens' of the state by which they were appointed, shall be exempt from arrest or imprisonment in civil cases „. ^ ,„ ,rt i' ' j_*i j_'j.T Rights of Conaula, and from preliminary arrest in penal cases, except m the citi^msof the^tate case of offenses which the local law qualifies as crimes and ""'°"'"°" ""^ punishes as such, and they shall be exempt from military bUlettings and from the performance of service in the army, in the militia, or national guard, and in the navy. , The aforesaid consular officers shall be exempt from all national, state or municipal taxes, imposed upon persons either in the nature of capi- tation tax or in respect to their property unless such taxes become due on account of the possession of real estate or for interest on capital in- vested in the state in which they reside. If they are engaged in trade, manufactures or commerce, they shall not enjoy such exemption but shall be obliged to pay the same taxes as are paid by other foreigners under similar circumstances. Aeticle IV. Consular officers, citizens of the state which appointed them, and who are not engaged in trade, professional business or any kind E«mptio™a.wi!> of manufactures, shall not be obliged to appear as witnesses °""»- before the courts of the country in which they reside. If their testi- mony should be necessary, they shall be requested in writing to appear in court, and in case of impediment their written deposition shall be requested, or it shall be received viva voce at their residence or office. It shall be the duty of the aforementioned consular officers to comply with such request without unnecessary delay. In all the criminal cases contemplated by the Vlth article of the amendments of the Constitution of the United States, by virtue of which the right is guaranteed to persons charged e^'^p"""- with crimes, of obtaining witnesses in their favor, consular officers shall be required to appear, all possible regard being paid to their dignity and to the duties of their office. Consuls of the United States in Italy shall receive the same treat- ment in similar cases. Aetiole V. Consuls General, Consuls, Vice-Consuls afld Consular Agents may place over the outer do6r of their office, the arms of their nation with this inscription : Consulate or Vice-Consulate or ™"° ^' Consular Agency of the United States or of Italy. They may also hoist the flag of their country, over the house in which the consular office is, provided they do not reside in the capital in which the legation of their country is established. Aetiole VI. The consular offices shall be at all times inviolable. The local author- ities shall not be allowed tp enter them under any pretext, nor shall they in any case examine or sequestrate the papers ''°™"''"^''""'- therein deposited. These pffices, however, shall never serve as places of asylum. When the consular officer is engaged in trade, professional business, or manufactures, the papers relating to the business of the consulate must be kept^separate. 590 TREATIES AND CONVENTIONS. Article VII. In case of death, incapacity or absence of the Consuls General, Consuls, Vice-Oonsuls, and Consular Agents, their Chancellors and A mtenmo cera. gggpgtaries, whoso ofiScial character shall have been previ- ously announced to the Department of State at Washington, or to the Ministry of Foreign Affairs in Italy, shall be permitted to discharge their functions ad interim, and they shall enjoy, while thus acting, the same righ<;s, prerogatives and immunities as the officers whose places they fill, on the condition and with the reserves prescribed for those offices. Article YIII. ViceConsuls or Consular Agents may be appointed by the respective vice-conmiB ,nd govemmeuts or by the Consuls General or Consuls, with consular agents. ^]jg approval of Said governments, in the cities, ports, an(J places of each consular district. These agents may be selected from the citizens of the United States, or from Italian citizens or other foreign- ers, and they shall be furnished with a commission by the government or by the Consul appointing them under whose orders they are to dis- charge their functions. They shall enjoy the privileges provided in this convention for consu- lar officers, subject to the exceptions and reservations provided for the same. Article IX. Consuls General, Consuls, Vice-Consuls and Consular Agents may have recourse to the authorities of the respective countries 8u1s''Ki°°mm™t within their district, whether federal or local, judicial or ex- ecutive, for the purpose of complaining of any infraction of the treaties or conventions existing between the United States and Italy, as also in order to defend the rights and interests of their coun- trymen. 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, and po^ertotakedep- their ChanccUors or Consular Clerks shall have the right to ositions. ^g,]jg jjj tiieir offices, at the residence' of the parties, in their own dwelling and even on board ship, the depositions of captains and crews of the vessels of their nation, of passengers on board of the same, and of any other citizen or subject of their country. They shall also have the right to receive at their offices, conformably Right to receive *<> t^e laws aud regulations of their country, any contract contracts. bctweeu citlzeus or subjects and other inhabitants of the country in which they reside, and ialso any contract between these lat- ter, provided it relates to real estate situated in the territory of the nation to which the consular officer belongs, or to business which is to be transacted in said country. Copies of papers relative to such contracts and official documents of , . all kinds, whether originals, copies or translations, duly contracureceivedas authcnticated, by thc Consuls General, Consuls, Vice-Con- suls and Consular Agents and sealed with the seal, of office of the Consulate, shall be received as evidence in the United States and Italy. ITALY, 1878. 591 Akticlb XI.* Consuls-General, Consuls, Vice-Oonsuls, and Consular Agents shall have exclusive charge of the internal order on board of the ^^^^^ ^^ ^^^^ ^^ merchant vessels of their nation, and shall alone take cogni- reiativrto the"™! zance of questions, of whatever kind, that may arise, both and the'mMte°p°'S at sea and in port, between the captain, officers and sea- men, without exception, and especially of those relating to wages and the fulfilment of agreements reciprocally made. The courts, or federal, state or municipal authorities in the United States, and the tribunals or authorities in Italy, shall not under any pretext, interfere in such ques- tions, but they shall lend aid to consular officers when the latter shall request it, in order to find out, arrest and imprison any person belong- ing to the crew, whom they may think proper to place in custody. These persons shall be arrested at the sole demand of the consular offi- cers, made in writing to the courts or federal, state or municipal author- ities in the United Stajtes, or to the competent court or authority in Italy, such demands being supported by an official extract from the reg- ister of the vessel and from the crew-list and they shall be detained during the stay of the vessel in the port, at the disposal of the consu- lar officers. They shall be released at the written request of the said officer, and the expenses of the arrest and detention shall be paid by the consular officer. Article XII. According to the act of Congress of March 5, 1855, to regulate the car- riage of passengers in steamships and other vessels, all disputes settiem™t or dis- and questions of any nature that may arise between captains S||„''t'„To°fflce™ and officers on the one hand, and passengers on board of »''""="'• vessels on the other, shall be brought to and decided by the Circuit or District Courts of the United States to the exclusion of all other courts and authorities. Akttclb XIII. The respective Consuls General, (consuls, Vice-Consuls and Consular Agents, may arrest the officers, seamen and any other person forming part of the crew of the merchant and war vessels of their nation, who have been guilty of or charged with deserting from said vessels, in order to return them to their vessels, or to send them back to their country. To this effect the consular officers of Italy in the United States, may apply in writing, to either the courts or the federal, state or municipal authorities of the United States, and the consular officers of the United States may apply to any of the competent authorities in Italy, and make a demand for ,the deserters, showing by exhibiting the register of the vessel and the crew-list, or other official documents, that the persons claimed really belonged to said crew. Upon such request, alone, thus supported, and without the exaction of any oath from the consular offi- cers, the deserters, not being citizens or subjects of the country in which the demand is made, at the time of their shipment, shall be given up. All assistance and necessary aid moreover, shall be furnished for the search and arrest of said deserters, who shall be placed in the prisons of the country, and kept there at the request and at the expense of the consular officer, until he finds an opportunity to send them home. "This article is annulled and a new one substituted by the convention of Fehruarv 24,1881. ' 592 TREATIES AND CONVENTIONS. If, however, such an opportunity shall 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 imprisoned for the same cause. Aeticle XIV. In the absence of an agreement to the contrary, between the owners, smuement of di(. freighters and insurers, all damages suffered at sea, by the v»Mi°owner?''nd vcsscls of the two countries whether they enter the respect- iDBurers. jyg pgrts voluntarily, or are forced by stress of weather or other causes over which the ofQcers have no control, shall be settled by the Consuls General, Consuls, Vice-Consuls and Consular Agents of the country in which they respectively reside; in case, however, any citizen of the country in which said consular officers reside, or subjects of a third power, should be interested in these damages, and the parties cannot come to an amicable agreement, the competent local authorities shall decide. Article XV. All operations relative to the salvage of United States vessels wrecked g j^^ upon the coasts of Italy, and of Italian vessels upon the coasts of the United States, shall be directed by the re- spective Consuls General, Consuls and Vice-Consuls of the two countries, and until their arrival, by the respective consular agents, where con- sular agencies exist. In places and ports where there is no such agency, the local authori- persoE* and prop- tlcs shall glvo Immediate notice of the shipwreck to the SdiJa'coMS^ Consul of the district in which the disaster has taken place, '""^ and until the arrival of the said Consul, they shall take all necessary measures for the protection of persons and the preservation of property. The local authorities shall intenvene only to preserve order, and to protect the interest of the salvors, if they do not belong to Shipwrecks. ^^^ cvBW of tfac wrcckcd vessel, and to secure the execution of 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 in which the wreck took place. Article XVI. In case of the death of a citizen of the United States in Italy, or of Death of cti™. an Italian citizen in the United States, who has no known trtiLT^oi'" Se heir, or testamentary executor designated by him, the com- other. petent local authorities shall give notice of the fact to the Consuls or Consular Agents of the nation to which the deceased be- longs, to the end that information may be at once transmitted to the parties interested. Aeticle XVII. The respective Consuls General, Consuls, Vice-Consuls and Consular Moat f.7ored oa- Ageuts, as likewlse the Consular Chancellors, Secretaries, tion. Clerks or Attaches, shall enjoy in both countries, all thQ ITALY, 1881. 593 rights, prerogatives, immunities and privileges which are or may here- after be granted to the officers of the same grade, of the most favoured nation. AETICIiB XVIII. This Convention shall remain in force for the space of ten years from the date of the exchange of the ratifications, which shall ^^^^^ „, c„„ take place in conformity with the respective Constitutions v?nuonand°ratiii°Sl of the two countries, at Washington or at Eome, within the "°"' period of six months, or sooner, if possible. In case neither party gives notice twelve mouths previously to the expiration of said period of ten years, of its intention not to renew the Convention, this shaU remain in force until the expiration of a year from the day on which one of the parties shall have made such announce- ment. In faith whereof, the respective plenipotentiaries have signed this Convention, and have thereunto affixed their seals. Done at Washington the eighth day of May, Anno Domini, one thou- sand eight hundred and seventy-eight. SEAIi. SEAL.' WiLLTATVT Maxwell Evaets. A. BlANO. 1881. CONVENTION CONCERNING THE EIGHTS AND S-ErVILEGES OF CONSULS, BEING SUPPLEMENTAL TO CONVENTION OF MAY 8, 1878. Concluded February 24, 1881; ratifications exchanged at WasMngton June 18, 1881; ^proclaimed June 29, 1881. Whereas question has arisen at divers times between the government of thjB United States of America and the government of His Majesty the King of Italy, touching the interpretation of the eleventh article of the Convention between the two countries, concerning the rights, privileges and immunities of Consular Officers, signed at Washington on the eighth day of May, one thousand eight hundred and seventy-eight, and especially with respect to so much of said article as defines and limits the jurisdiction of the authorities of the country and of the Con- sular Officers, with regard to offenses and disturbances on shipboard, while in port; and whereas the high contracting parties, have deemed it expedient to remove for the future all ground of question in the premises, by substituting a new article in place of the said eleventh ar- ticle of that Convention; the TJnited States of America and His Maj- esty the King of Italy, have resolved to conclude a special supplemen- tary Convention to that end and have appointed as their Plenipoten- tiaries: The President of the United States: William Maxwell Evarts, Sec- retary of State of the United States, and His Majesty the King of Italy: Paul Beccadelli Bologna, Prince of Oampo- '"'°'"'°" reale, his Charg6 d' Affaires in the United States of America; -who 3769 TE 38 594 TREATIES AND CONVENTIONS. after communicating to each other their full powers, found in good and due form, have agreed upon the following articles: Aetiole I. The eleventh article of the Consular Convention of May 8, 1878, be- Ammdment of ar- twccu thc United Statcs of America and Italy, is hereby conTeitfon,""™" annuUcd, and in its place the following article is substi- tuted, namely: Consuls General, Consuls, Vice-Consuls and Consular Agents shall consoh ^^^® exclusive charge of the internal order of the merchant reS™» thB°™' vessels of their nation and shall alone take cognizance of Bels of their country -i>/vi i. • t_ • -ii j. - j. i. a and the masters and differenccs which may arise either at sea or in port between "'"'' the captains, officers and crews, without exception, particu- larly in reference to the adjustment of wages and the execution of con- tracts. In case any disorder should happen on board of vessels of either party, in the territorial waters of the other, 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 except when the said disorders are of such a nature as to cause or be likely to cause a breach of the peace or serious trouble in the port or on shore ; or when, in such trouble or breach of the peace, a person or persons shall be implicated, not forming a part of the crew. In any other case, said Federal, State or Municipal Authorities or Courts in the United States, or Courts or Authority in Italy, shall not interfere but shall render forcible aid to Consular Officers, when they may ask it, to search, ar- rest and imprison all persons composing the crew, whom they may deem it necessary to confine. Those persons shall be arrested at the sole re- quest 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 the prisoners 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 de- tention of those persons, shall be paid by the Consular Officers. Aeticle II. This supplementary Convention shall be ratified in conformity with Ratifications ^^^ Isms of the rcspectivc countries, and the ratifications Ra cations. tj^greof sfiaU be exchanged at "Washington, as soon as pos- sible after the date hereof, and immediately upon such exchange, the foregoing form of the said article XI. shall become effective and have the same force as the other articles of the Convention of the eighth day of May of the year 1878 and the same duration. i In faith whereof, the respective Plenipotentiaries have signed this Convention and have thereunto affixed their seals. Done in duplicate at Washington, the twenty-fourth day of February, Anno Domini, one thousand eight hundred and eighty-one, SEAl.. SEAL. WiLjiiAM Maxwell Evaets. Campoebale. ITALY, 1882, 1884. . 595 1882, t DECLAEATION FOE THE EECIPEOCAL PROTECTION OF MARKS OF MANUFACTURE AND TRADE. Concluded June 1, 1882; ratification advised hy the Senate February 25, 1884; proclaimed March 19, 1884. DECLAKATION. The Government of the United States of America and the Govern- ment of His Majesty the King of Italy, wishing to provide for the recip- rocal protection of the marks of manufacture and trade, have agreed as follows: The citizens of each of the high contracting parties shall enjoy, in the dominions and possessions of the other the same rights as Reciprocal protec belong to native citizens, or as are now granted or may ''°° "' ti.d«-markB hereafter be granted to the subjects or citizens of the most favored na- tion, in everything relating to property in trade-marks and trade-labels. It is understood that any person who desires to obtain the aforesaid protection must fulfil the formalities required by the laws of the respect- ive countries. In witness whereof the undersigned, having been duly authorized to this effect, have signed the present declaration, and have aflxed thereto the seal of their arms. Done in duplicate original at Washington, this first day of June, one thousand eight hundred and eighty-two. SEAL. SEAL. PEED'k: T. FKELINGHtTTSEN. Fata. [Note. — Inasmucli as the act of Congreas, entitled "An act relating to the registration of trade-marks", approved August 5, 1882, gives the right of trade-mark registry to suhjects of any foreign country -which by law admits the like right for citizens of the United States, this Declaration is held to be an establishment of the fact that such reciprocal privilege exists, and is therefore effective from June 1, 1883, the date of its signature.] 1884. CONVENTION FOR THE EXTRADITION OF CRIMINALS FUGITIVE FROM JUSTICE, BEING SUPPLEMENTARY TO THE CONVENTION OF MARCH 21?, 1863. Concluded June 11, 1884; ratifications exchanged at Washington April 2i, 1885; proclaimed April 24, 1885. The President of the United States of America and His Majesty the King of Italy, being convinced of the necessity of adding some stipulations to the extradition convention concluded Negotirtor.. between the United States and Italy on the 23d of March, 1868, with a view to the better administration of justice and the prevention of crime in their respective territories and jurisdictions, have resolved to con- clude a supplementary convention for this purpose, and have appointed as their Plenipotentiaries, to- wit : The President of the UniJ;ed States, Frederick T. Frelinghuysen, Secretary of State of the United States ; And His Majesty the King of Italy, Baron Saverio Fava, His Envoy Extraordinary and Minister Plenipotentiary at Washington ; 596 TREATIES AND CONVENTIONS. Who, after reciprocal communication of their full powers, which were found to be in good and due form, have agreed upon the following articles : Article I. The following paragraph is added to the list of crimes on account of which extradition may be granted, as provided in Article II. of the aforesaid convention of March 23, 1868: 9. Kidnapping of minors or adults, that is to say, the detention of one or more persons for the purpose of extorting money Kidnapping. ^^^^ thcm Or their families, or for any other unlawful pur- pose. Article II. The following clause shall be inserted after Article V. of the aforesaid Convention of March 23, 1868: Any competent judicial magistrate of either of the two countries shall be authorized after the exhibition of a certificate signed by wi^n'and'bywhom the Miulster of Foreign Affairs [of Italy] or the Secretary toiBsue. ^^ State [of the United States] attesting that a requisition has been made by the Government of the other country to secure the preliminary arrest of a person condemned for or charged with having therein committed a crime for which, pursuant to this Convention, ex- tradition may be granted, and on complaint duly made under oath by a person cognizant of the fact, or by a diplomatic or consular officer of the demanding Government, being duly authorized by the latter, and attesting that the aforesaid crime was thus perpetrated, to issue a war- rant for the arrest of the person thus inculpated, to the end that he or she may be brought before the said magistrate, so that the evidence of his or her criminality may be heard and considered; and the person thus accused and imprisoned shall from time to time be remanded to prison until a formal demand for his or her extradition shall be made and sup- ported by evidence as above provided ; if, however, the requisition, to- gether with the documents above provided for, shall not be made, as required, by the diplomatic representative of the demanding Govern- ment, or, in his absence, by a consular officer thereof, within forty days from the date of the arrest of the accused, the prisoner shall be set at liberty. Article III. These supplementary articles shall be considered as an integral part of the aforesaid original exbradition convention of March fo™'pa?°of°thato°f 23, 1868, and together with the additional article of Janu- Mar<:h23,i868. ^^^ ^^^ ^869, as havlug thc same value and force as the Convention itself, and as destined to continue and terminate in the same manner. The present Convention shall be ratified, and the ratifications ex- changed at Washington as speedily as possible, and it shall Rail cations. ^^j^^ effcct Immediately after the said exchange of ratifica- tions. In testimony whereof, the respective Plenipotentiaries have signed the present Convention in duplicate, and have thereunto affixed their seals. Done at Washington, this eleventh day of the month of June in the the year of our Lord one thousand eight hundred and eighty-four. SEAL. SEAL. FEEDK. T. FRBLINaHXTTSEN. •Pava. JAPAN. 1854.* TEEATY OF PEACE, AMITY, AND COMMEECE. Concluded March 31, 1854 ; raMfications exchamged at Simoda February 21, 1855; proclaimed June 22, 1855. The United States of America and the Empire of Japan, 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 and amity, the rules which shall in fu- ture be mutually observed in the intercourse of their respective coun- tries ; for which most desirable object the President of the TTnited States has conferred full powers on his Commissioner, Matthew, Calbraith Perry, Special Ambassador of the United States to Japan, and the August Sovereign of Japan has given similar full "eeof"'"" powers to his Commissioners, Hayashi, Daigaku-no-kami; Ido, Prince of Tsus-Sima; Izawa, Prince of Mima-saki; and Udono, Member of the Board of Eevenue. And the said Commissioners, after having ex- changed their said full powers, and duly considered the premises, have agreed to the following articles: Aetiolb 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 Empire of Japan on the other part, »'»'«'»»*»""«'■ and between their people respectively, without exception of persons or places. Aeticle II. The port of Simoda, in the principality of Idzu, and the port of Hako- dade, in the principality of Matsmai, are granted by the simoda and Hako- Japanese as ports for the reception of American ships, ^^^"""^t"^- 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 j 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. * See Notes: "Abrogated, suspended, or obsolete treaties." 597 598 TREATIES AND CONVENTIONS. AETIOLE III. Whenever ships of the United States are thrown or wrecked on the coast of Japan, the Japanese vessels will assist them, and shipwediri. 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. Abticle 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. Aetiole 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 in shall like manner be free to go where they please at Hakodade, within limits to he defined after the visit of the United States squadron to that place. Aetiole VI. If there be any other sort of goods wanted, or any business which ceiiberation to shall Tcquirc to be arranged, there shall be careful delibera- Bettte certain cat- ^qjj bctwcen thc partlcs in order to settle such matters. Aetiole VII. It is agreed that ships of the United States resorting to the ports Trade. opBU to thcm shall be permitted to exchange gold and silver coin and articles of goods for other articles of goods, under such regulations as shall be temporarily established by the Japanese Government for that purpose. It is stipulated, however, that the ships of the United States shall be permitted to carry away whatever articles thfey are unwilling to exchange. Aetiole VIII. Wood, water, provisions, coal, and goods required, shall only be pro- cured through the agency of Japanese ofi&cers appointed for that pur- pose, and in no other manner. Aetiole IX. It is agreied 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. JAPAN, 1857. 599 that these same privileges and advantages shall be granted likewise to the United States and to the citizens thereof, without any consultation or delay. Aeticle X. Ships of the United States shall be permitted to resort to no other ports in Japan but Simoda and Hakodade, unless in dis- opsn sorts. tress or forced by stress of weather. Article XI. There shall be appointed, by the Government of the United States, Consuls or Agents to reside in Simoda, at any time after the Liberty to-appoint expiration of eighteen months from the date of the signing ™°™"- of this treaty; provided that either of the two Governments deem such arrangement necessary. Aeticle XII. The present convention having been concluded and duly signed, shall be obligatory and faithfaUy observed by the United States . . of America and Japan, and by the citizens and subjects of i^"'!='"«"»- each respective Power; and it is to be r'atifled and approved by the Presi- dent of the United States, by and with the advice and consent of the Senate thereof, and by the August Sovereign of Japan, and the ratifi- cation 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. 1857.* TREATY REGUIiATING INTEECOUESE OF AMEEICAN CITIZENS WITH JAPAN, AND THE VALUE OF COINS THEEEIN, AND GIVING THE AMEEICAN CONSUL JUEISDICTION AND PEIVILEGES IN CERTAIN CASES. Concluded June 17, 1857; ratification ad/vised by the Senate June 15, 1858; 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 n™"'-'— the United States of America for the Empire of Japan, and their Excel- lencies Inowouye, Prince of Sinano, and Ifakamoera, Prince of Dewa, * See Notes : "Abrogated, suspended, or obsolete treaties." 600 TREATIES AND CONVENTIONS. Governors of Simoda, all having full powers from their respective Gov- ernments, have agreed on the following articles, to wit: Aexicle I, The port of l^angasaki, in the principality of Hizen, shall be open to portcf Nangasaki ^^crican vcsscls, whcre they may repair damages, procure tobeo/en^toSrt wator, fuol, provisious, and other necessary articles, even coals, where they are obtainable. Abticle II. It being known that American ships coming to the ports of Simoda . . and Hakodade cannot have their wants supplied by the Amencan citizens ,- .j_- ijij* . >j- mMr™>je»t Simoda Japauese, it IS agreed that American citizens may perma- °° *■ nently reside at Simoda and Hakodade, and the Govern- ment of the United States may appoint a Yice-Oonsul to reside at Hako- dade. This article to go into effect on the fourth day of July, eighteen hun- dred fifty-eight. Aktiole in. In settlement of accounts the value of the money brought by the American and ja- Americaus shall bc asccrtaiued by weighing it with Japan- panesecoin. ggg gQJjj (gold aud sUvcr itscbues,) that is, gold with gold, 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. Aeticle IV. Americans committing offences in Japan shall be tried by the Ameri- offencM. can Consul General or Consul, and shall be punished accord- ing to American laws. Japanese committing offences against Americans shall be tried by the Japanese authorities, and punished according to Japanese laws. Aetiole V. American ships which may resort to the ports of Simoda, Hakodade, Medinm of ei- orNangasaki,for thepurposcof obtaimpgnecessarysupplics, chansa. qj, |^ pcpair damagcs, shall pay for them in gold or silver coin; and if they have no money, goods shall be taken in exchange. Aeticle VI. The Government of Japan admits the right of His Excellency the Right, of con.ni Cousul Geucral of the United States to go beyond the limits GeneraL fyf geveu El, but has asked him to delay the use of that right, except in cases of emergency, shipwreck, &c., to which he has assented. JAPAN, 1858. 601 Article VII. Purcliases for His Excellency the Consul General, or his family, may be made by him only, or by some member of his family, and p„Aa8Mforco«. payment made to the seller for the same, without the inter- ""' °'°'"'- vention of any Japanese official; and for this purpose Japanese silver and copper coin shall be supplied to His Excellency the Consul Gen- eral. Article VIII. As His Excellency the Consul General of the United States of Amer- ica has no knowledge of the Japanese language, nor their D^feh version Excellencies the Governors of Simoda a knowledge of the English language, it is agreed that the true meaning shall be found in the Dutch version of the articles. Article IX. All the foregoing articles shall go into effect fronj the date hereof, except article two, which shall go into effect on the date indicated in it. Done in quintnplicate, (each copy being in English, Japanese, and Dutch,) at the Goyosso of Simoda, on the seventeenth day of June, in the year of the Christian era eighteen hundred fifty-seven, and of the Independence of the United States of America the eighty-first, corre- sponding to the fourth Japanese year* of Ansei, Mi, the fifth month, the twenty-sixth day, the English version being signed by His Excellency the Consul General of the United States of America, and the Japanese version by their Excellencies the Governors of Simoda. [seal,] Townsenb Harris. 1858.* TREATY OF AMITY AND COMMERCE. Concluded July 29, 1858; ratifications exchanged at Washington May 22, 1860; proclaimed May 23,' 1860. The President of the United States of America and His Majesty the Ty-coon of Japan, desiring to establish on firm and lasting foundations the relations of peace and friendship now happily existing between the two countries, and to secure the best interest of their respective citizens and subjects by encouraging, facilitating, and regulating their industry and trade, have resolved to conclude a treaty of amity and commerce for this purpose, and have therefore named as their plenipotentiaries, that is to say : The President of the United States, His Excellency Town send Harris, Consul General of the United States of America for the Empire of Japan, and His Majesty the Ty-coon of Japan, "egototor.. their Excellencies Inoooye, Prince of Sinano, and Iwasay, Prince of Hego: Who, after having communicated to each other their respective full "Amended by the Convention of June 25, 1866. 602 TREATIES AND CONVENTIONS. powers, and found them to be in good and due form, have agreed upon and concluded the following articles: Akticle I. There shall henceforward be perpetual peace and friendship between the United States of America and His Majesty the Ty-coon Peace and amitr* j» t j i • of Japan and his successors. The President of the United States may appoint a Diplomatic Agent to reside at the city of Tedo, and Consuls or Consular Agents Diplomatic aKnta. ^^ regime at auy or all of the ports in Japan which are opened for American commerce by this treaty. The Diplomatic Agent and Con- sul General of the United States shall have the right to travel freely in any part of the Empire of Japan from the time they enter on the dis- charge of their official duties. The Government of Japan may ajipoint a Diplomatic Agent to reside at Washington, and Consuls or Consular Agents for any or aU of the ports of the United States. The Diplomatic Agent and Consul General of Japan may travel freely in any part of the United States from the time they arrive*in the country. Article II. The President of the United States, at the request of the Japanese Media r Govemmeut, will act as a friendly mediator in such matters of difference as may arise between the Government of Japan and any European power. The ships of war of the United States shall render friendly aid and Shi a of war oi ^ssistaucc to such Japanese vessels as they may meet on the umted'stete»''ma°y high scas, SO far as can be done without a breach of neutral- aid Japanese vesaeis, .. " -I.T1* • ^-1 1 •■!. i , -..-.1 ity; and all American Consuls residing at ports visited by Japanese vessels shall also give them such friendly aid as may be per- mitted by the laws of the respective countries in which they reside. Article III. In addition to the ports of Simoda and Hakodade, the following ports. Porte oened. aud towus shall be opened on the dates respectively ap- pended to them, that is to say: Kanagawa, on the (4th of July, 1859) fourth day of July, one thousand eight hundred and fifty- nine; Nagasaki, on the (4th of July, 1859) fourth day of July, one thou- sand eight hundred and fifty-nine; Nee-e-gata, on the (1st of January, 1860) first day of January, one thousand eight hundred and sixty; Hiogo, on the (1st of January, 1863) first day of January, one thousand eight hundred and sixty-three. If Kee-e-gata is found to be unsuitable as a harbour, another port on Reguiationeregard- ^^^ ^^^^ coast of Mpou shall bc scIcctcd by the two Gov- AmlSii^fHi'aS'^ ernments in lieu thereof. Six months after the opening of 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 permanently 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 military strength shall be erected under pretence of building dwelling or ware- houses; and to see that this article is observed, the Japanese authori- ties shaU have the right to inspect, from time to time, any buildings JAPAN, 1858. 603 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 Tedo; and from the (1st of January, 1863,) first day of Jan- uary, 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 Govern- ment of Japan. Americans may freely buy from Japanese and sell to them any articles that either may have for sale, without the intervention of any Japanese ofScers in such purchase or sale, or in making or re- ceiving payment for the same ; and all classes of Japanese may pur- chase, sell, keep, or use any articles sold to them by the Americans. 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 rice or wheat shall be exported from Japan as cargo, but all Amer- icans resident in Japan, and ships, for their crews and passengers, shall be furnished with sufilcient 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 have the right to employ Japanese as servants or in any other capacity. Aeticlb 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 of&cers are dissatisfied with the value placed oja 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, s^ppn^j t„ a, in the custody of an officer of the American Government, "°"=^ sutB^uavy. 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 by the •Japanese authorities. All goods imported into Japan, and which have 604 TREATIES AND CONVENTIONS. 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. Aetiolb v.* All foreign coin shall be current in Japan and pass for its correspond- ing weight of Japanese coin of the same description. Amer- Foreign coin. . j -r j- t j* ' T icans and Japanese may freely use foreign or Japanese com, 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 (withthe 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 juriBffiction oyer Amerlcau coiisular courts, and when guilty shall be pun- ofienses. ishcd accordiug to American law. Japanese committing 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. AH claims for forfeitures or penalties for violations of this treaty, or Forfeiture, »n "^ ^^^ articlcs regulatlug trade which are appended here- penaitier«nde,°thi8 uuto, shall bc sucd for in the consular courts, and all recov- """^' 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. Article VII. Limita of opened In thc opcncd harbours of Japan, Americans shall be free harbors. ^q gQ sf^ixeTe thcy 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 Eiver Enagawa, which emp- ties 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. * This article is amended by Article VI of the convention of June 25, 1866. JAPAN, 1858. 605 At Nagasaki, Americans may go iuto any part of the imperial domain in its vicinity. The boundaries of Nee-e-gata, or the place i,„,,of™htofper. that may be substituted for it, shall be settled by the Amer- ">»»""«i'i™<:e. 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 shaU 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 aU 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, bub 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. Aetiole YIII. Americans in Japan shall be allowed the free exercise of their reli- gion, and for this purpose shall have the right to erect suit- 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. AETICLE IX. When requested by the American Consul, the Japanese authorities will cause the arrest of all deserters and fugitives from jus- tice, receive in jail all persons held as prisoners by the Oon- ^^'^i^'- 8ul, 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, the Consul shall in all cases pay a just compensation. Aetiole 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. AU purchases made for the Gov- 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. Aetiole XI. ' The articles for the regulation of trade, which are appended to this treaty, shall be considered as forming a part of the same, Reg„,atioM ap- and shall be equally binding on both the contracting par- ""^"^ ties to this treaty, and on their citizens and subjects. 606 TREATIES AND CONVENTIONS. Aeticle XII. Such of the provisions of the treaty made by Gommodore Perry, and Treaty of March Signed at Kauagawa, on the 31st of March, 1854, as conflict 31, 1854 ^j(;j^ ^jjg provisions of this treaty are hereby revoked ; and as all the provisions of a convention executed by the Consul General of 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 such 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 Xin. After the (4th of July, 1872) fourth day of July, one thousand 'eight hundred and seventy-two, upon the desire of either the Duration of treaty. .. -r ^-^ .-. ■ 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 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 and fifty- nine, on or before which day the ratifications of the same shall be ex- changed at the city of Washington; but if, from any unforeseen cause, the ratifications cannot be exchanged by that time, the treaty shall still go into effect at the date above mentioned. The act of ratification on the part of the United States shall be veri^ fied by the signature of the President of the United States, EatiflcaiioM. oountersigued by the Secretary of State, and sealed with the seal of the United States. The act of ratification on the part of Japan shall be verified by the name and seal of His Majesty the Ty-coon, and by the seals and signa- tures of such of his high of&cers as he may direct. This treaty is executed in quadruplicate, each copy being written in the English, Japanese, and Dutch languages, all the versions having the same meaning and intention, but the Dutch version shall be consid- ered as being the original. In witness whereof, the above-named Plenipotentiaries have hereunto set their hands a,nd seals, at the city of Tedo, this twenty-ninth day of July, in the year of our Lord one thousand eight hundred and fifty-eight, and of the Independence of the United States of America the eighty- third, corresponding to the Japanese era, the nineteenth day of the sixth ^ month of the fifth year of Ansei Mma. [SEAL.] TOTVNSEND HARRIS. JAPAN, 1858. 607 Regulations under which Ameriean trade is to be conducted in Ja^an.* REGULATION FIRST. Within (48) forty-eight hours (Sundays excepted) after the arrival of an American ship in a Japanese port, the captain or com- ReguMonsatc™- mander shall exhibit to the Ja,panese custom-house authori- '°°-''°'»=- 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 discov- ered in the manifest, it may be corrected within (24) twenty-four hours (Sundays excepted) without the payment of any fee; but for any altera- atiou or post entry to the manifest made after that 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. EEGTJLATION 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 oflcers 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 ^ , ^ J . ., .-I •« jfj.i_ J. T_ Unlading of goods. 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 aflOxing 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 offense. 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 of Japan, by concealing therein articles of value which are not set forth in the invoice, shaU be forfeited. ^°'""" "^''"■ American ships that shall smuggle, or attempt to smuggle, goods in any of the non-opened harbours of Japan, all such goods shall be forfeited * Amended by the conventioii of Juae 25, 1866. 608 TREATIES AND CONVENTIONS. to the Japanese Government, and the ships 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 supervision 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. Cargo may be transhipped to another vessel in the same harbour without the payment of duty; but all transhipments shall be made under the supervision of Japanese officers, and after sat- isfactory proof has been given to the custom-house authorites 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 pro- hibited, 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 collectively be held responsible for the payment of the foregoing penalty. EE&ULATION THIRD. The owner or consignee of any goods, who desires to land them, shall Goodetobe anded. ™^^® ^^ cutry of tho Same at the Japanese custom-house. Goo e to elan e rpj^g 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 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 nofcify 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 JAPAN,- 1858. 609 giuthorizing the delivery to him of the goods, whether the same are at the custom-house or on ship-board. 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 shaU 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. EEGTILATION FOTXETH. 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- titled to their cleara'nce; but, if it be refused, the custom- oe"""™ 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- 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 be' 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, shaU 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, whenever 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. EEGrULATION FIFTH. Any person signing a false declaration or certificate, with the intent to de&aud the revenue of Japan, shall pay a fine of (125) one ii.y.nMrr.nd8. hundred and twenty-five dollars for each offence. EBGtXJLATION 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 ^^^^ ^^^.^^ custom-house authorities : For the entry of a ship, (15) fif- °'^"' teen dollars; for the clearance of a ship, (7) seven dollars; for each per- mit, (4) one dollar and a half; for each bill of health, (i|) one dollar and a half; for any other document, (IJ) one ^°"' dollar and a half. *This regulation is amended by Article III of the conventibn of June 25, 1866. 610 TREATIES AND CONVENTIONS. EE»ULATIOW SETENTH. Duties shall be paid to the Japanese Government on all goods landed in the conntry, according to the following tariff: Glass 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. Glass 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 kiads ; salted provisions of all kinds ; bread and breadstuffs ; living animals of all kinds ; coals j tim- ber 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 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 shaU pay a duty of (5) five per cent., with the exception of gold and silver coin and copper in bars. (5) Five years after the opening of Kanagawa the import and export duties shall be subject to revision, if the Japanese Government desires it. [seal.] Townsend Habkis. 1864.* CONVENTION FOR REDUCTION OF IMPORT DUTIES. Goncluded, Jcmuajry 28, 1864; raUfication ad/vised by the Senate Fehrua/ry 21, 1866; 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 delib- Kcgotmtor.. eratiou, His Excellency Eobert H. .Pruyn, Minister Eesident of the United States in Japan, and His Excellency Sibata Sadataro, Governor for Foreign Affairs, both having full powers from their re- spective Governments, have agreed on the following articles, viz : Article I. The following articles, used in the preparation and packing of teas, shall be free of duty: Articta dut7 free. Shect Icad, sodcr, matting, rattan, oU 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. — Th6 pro- Reduceddnt hlbition of the importation of opium, according to the exist- Re uce nty. .^^ trcats', rcmaius in full force. Iron, in pigs or bars ; sheet iron and iron wire; tin plates, white sugar, in loaves or crushed; glass * Sefi Notes: '*AhroEratft(i. RiiRnended. or ohsnlftifi iTAatiAn," JAPAN, 1864. 611 and glassware; clocks, watches, and watch chains; wines, malted and spirituous liquors. Aeticle III. The citizens of the TTnited States, importing or exporting goods, shall always pay the duty fixed thereon, whether such goods are intended for their own use or not. Abticle 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. Done in quadruplicate; each copy being written in the English, Jap- anese, and Dutch languages; all the versions having the same meaning, bat the Dutch version shall be considered as the original. In witness whereof the above-named Plenipotentiaries have 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-eigfith, correspond- ing to the twentieth day of the twelfth month of the third year of Bunkin Ye of the Japanese era. [seal.] Eobekt H. Peuth. 1864. CONVENTION FOR PAYMENT OF $3,000,000 TO THE GOVERNMENTS OP THE UNITED STATES, GEEAT BEITAtN, FRANCE AND THE NETHER- LANDS, AS INDEMNITIES AND EXPENSES. Concluded Octoier 22, 1864; ratification advised by the Senate February 21, 1866; proclaimed April 9, 1866. The representatives of the United States of America, Great Britain, France, and the Netherlands, in view of the hostile acts of ^^^^^ Mori Daizen, Prince of Nagato and Suwo, which were as- ^"'°°°'° ■*"• suming such formidable proportions as to make it difficult for the Tycoon faithfully to observe the treaties, having been obliged to send their combined forces to the Straits of Simonoseki in order to destroy the batteries erected by that Daimio for the destruction of foreign ves- sels and the stoppage of trade; and the Government of the Tycoon, on whom devolved the duty of chastising this rebellious Prince, being held responsible 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 councU, invested with plenipotentiary powers by the Tycoon of Japan, animated with the desire to put an end to aU reclamations concerning the acts of aggression and hostility com- mitted by the said Mori Daizen since the first of these acts, in June, 612 TKEATIES AND CONVENTIONS. 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 determined 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 Payment. ^^^ Tepreseutatives of said Powers shall make known to the Tycoon's Government the ratification of this convention and the in- structions 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 advanta- geous footing is still the leading object in view, therefore, if His Maj- esty the Tycoon wishes to offer, in lieu of payment of the sum claimed, and as a material compensation for loss and injury sustained, the open- ing of 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, or insist on the payment of the indemnity in money, under the condi- tions a,bove 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, in 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. PBTTTN, Minister Resident of the United States in Jaipam. EXJTHEEPOED ALCOCE:, H. B. M.'s Bnvoy Extraordinary and Minister Plenipotentiary in Japan. '■- Leon Eoches, Ministre Plenip're de S. M. JJJEimpereur des Frangais au Japon. D. Db Gkaepb- Van Polsbeoek, M. JV. M.'s Consul General and Political Agent in Japan. (Signature of Sakai Hida no Kami.) 1866. CONVENTION ESTABLISHING A TARIFF OF DUTIES BETWEEN THE UNITED STATES, GEEAT BRITAIN, FRANCE, THE NETHERLANDS, AND JAPAN. Concluded June 25, 1866/ ratification advised by the Senate June 17, 1868. The Eepresentatives of the United States of America, G^eat Britain, Prance, and Holland, having received from their respective Governments identical instructions for the modification of the Tariff of Import and Ex- port Duties, contained in the Trade Eegulations, annexed to the treaties concluded by the aforesaid Powers with the Japanese Government in JAPAN, 1866. 613 1858, which modification is provided for by the 'Vllth of those Eegula- tions: — And the Japanese Government having given the said Bepresentatives, during their visit to Osaka, in November 1865, a written engagement to proceed immediately to the Eevision of the Tariff in question on the gen- eral basis of a duty of five per cent on the value of all articles imported or exported: — And the Government of Japan being desirous of affording a fresh proof of their wish to promote trade and to cement the friendly relations which exist between their country and foreign nations: — His Excellency Midzuno Idzumi no Kami, a Member of the Gorojiu and a Minister of Foreign Affairs, has been furnished by the Govern- ment of Japan with the necessary powers to conclude with ^^^^^ the Representatives of the above-named four powers; that nw"""""- is to say; Of the United States of America: — A. L. 0. Portman, Esq., Charg6 d' Affaires ad interim; Of Great Britain: — Sir Harry S. Parkes, Knight Commander of the Most Honorable Order of the Bath, Her Britannic Majesty's Envoy Ex- traordinary and Minister Plenipotentiary in Japan; Of France: — Monsieur Leon Eoches, Commander of the Imperial Or- der of the Legioil of Honor, Minister Plenipotentiary of His Majesty the Emperor of the French in Japan; And of Holland:— Monsieur Dirk de Graeff van Polsbroek, Knight of the Order af the Netherlands Lion, Political Agent Snd Consul-General of His Majesty the King of the Netherlands : — The following Convention comprising Twelve Articles. Akticle I. The contracting parties declare in the names of their respective Gov- ernments that they accept, and they hereby do formally ^^.^ ^ ^ ^^ accept as binding on the citizens of their respective conn- .nd^portso'Sd tries, and on the subjects of their respective sovereigns the '°'"'"°'''°'- Tariff hereby established and annexed to the present Convention. This Tariff is substituted not only for the original Tariff attached to the Treaties concluded with the abovenamed four powers Thi. turia- to b» but also for the special conventions and arrangements rela- "ou^omI *" '"^ tive to the same Tariff, which have been entered into at different dates up to this time between the Governments of the United States, Great , Britain and France on one side, and the Japanese government on the other. The new Tariff shall come into effect in the port of Kanagawa (Yoko- hama) on the first day of July next, and in the ports of Na- ^,„ tariff i. » gasaki and Hakodate on the first day of the following '«^='«r='=«- month. Aetiole II. The tariff, attached to this convention, being incorporated from the date of its signature in the Treaties concluded between Ja- t^ij ,„y,„ ,„ pan and the above-named four powers, is subject to revision ;|jf "^ °° ^'^ ^ on the first day of July, 1872. Two years, however, after the signing of the present convention, any of the contracting parties, on giving^ six months notice to B«-rted at the ports of Nagasaki and Hakodate, the Japanese gov- '°°''' ernment will be prepared to warehouse imported goods, on the application of the importer or owner without payment of duty. The Japanese government will be responsible for the safe custody of Safe cwtodr of the goods so long as they remain in their charge, and will ja"an!""°^'"°^''^ adopt all the precautions necessary to render them insura- ble against fire. When the importer or the owner wishes to remove the goods from the Goods imported warchousc, he must pay the duties fixed by the Tariff, but Sft BuSTlm- if- be should wish to re-export them, he may do so without portdntfea. paymcut of duty. Storage charges will in either case be paid on delivery of the goods. The amount of these charges together warehouM dnea wlth thc regulatlous uccessary for the management of the ?apm """""^ "" said warehouses, will be established by the common consent of the contracting parties. Aetiole V. All articles of Japanese production may be conveyed from any place in Japan to any of the ports open to foreign trade, freepf NotranaitdntT. ^^^ ^^ ^^ trauslt duty other than the usual tolls levied equally on all trafOlc, for the maintenance of roads or navigation. Aetiole VI. In conformity with those articles of the treaties concluded between Japan and Foreign Powers, which stipulated for the circulation of foreign coin at its corresponding weight in native coin of the same description, dollars have hitherto been received at the Japanese custom house in payment of duties at their weight in boos, (commonly called itchiboos) that is to say, at a rate of Three hundred and eleven boos per Hundred Dollars. The Japanese government, being however desirous to alter Exchange of cur- thls practlcc aud to abstain from all interference in the ex- rency. chaugo of uatlve for foreign coin, and being also anxious to meet the wants, both of native and foreign commerce by securing an adequate issue of native coin, have already determined to enlarge the Japanese mint so as to admit of the Japanese government exchanging into native coin of the same intrinsic value, less only the cost of coinage at the places named for this purpose, all foreign coin or bullion in gold JAPAN, 1866. 615 or silver that may at any time be tendered to them by foreigners or Japanese. It being essential however to the execution of this measure, that the various Powers with whom Japan has concluded Treaties should first consent to modify the stipulations in those Treaties which ^^^^^^^ ^^■^^_ relate to the currency, the Japanese government will at once me "reS^iaMTe propose to those Powers the adoption of the necessary modi- "'''° °™ fication in the said stipulations, and on receiving their concurrence, will be prepared from the first of January 1868 to carry the above measure into effect. The rates to be charged as the cost of coinage shall be determined hereafter, by the common consent of the contracting parties. Aetiolb VII. In order to put a stop to certain abuses and inconveniences com- plained of at the open ports, relative to the transaction of ^i,^,^ ^ open business at the Gustom-House, the landing and shipping of '"'"'• Correction of. cargoes, and the hiring of boats, coolies, servants &c., the contracting parties have agreed that the governor at each open port shall at once enter into negotiations with the foreign consuls with a view to the establishment, by mutual consent, of such regulations as shall effect- ually put an end to those abuses and inconveniences and ^ afibrd all possible facility and security both to the opera- ^'° °' '"°'""°°° ■ tions of trade and to the transactions of individuals. It is hereby stipulated that, in order to protect merchandise from exposure to weather, these regulations shall include the qov- one or more imd- ering in at each port of one or more of the landing places jrcfrt'toTe "ovlS used by foreigners for landing or shipping cargo. "^ Akticle vin. Any Japanese subject shall be free to purchase, either in the open ports of Japan or abroad, every description of sailing or •V 1 • i 1 J i ' -ii Vessels. Right of steam vessel intended to carry either passengers or cargo ; Japatiesetopnrctaso but ships of war may only be obtained under the authoriza- or™ foreff" Mo- tion of the Japanese government. All foreign vessels purchased by Japanese subjects shall be registered as Japanese i vessels, on payment of a fixed duty of three Registration of boos per ton for steamers, and one boo per ton for sailing ll'f^^^,,^^'"^''^ vessels. The tonnage of each vessel shall be proved by the foreign register of the ship, which shall be exhibited through the Consul of Tonnage or ves. the party interested, on the demand of the Japanese author- ■°''' ""^ """^ ities, and shall be certified by the Consul as authentic. Aeticle IX. In conformity with the Treaties concluded between Japan and the aforesaid Powers and with the special arrangements made by the en- voys of the Japanese Government, in their note to the British Govern- ment of the 6th of June 1862, and in their note to the Trade and inter- French Government, of the sixth of October of the same efS'lS^ja^i; year, all the restrictions on trade and intercourse between Stion?""n! r^ foreigners and Japanese alluded to in the said notes, have """^ been entirely removed, and proclamations to this effect have already been publiehed by the Government of Japan. 616 TKEATIES AND CONYENTIONS. The latter, however, do not hesitate to declare that Japanese mer- HigMof ja anes. ''^^'^^s aud tradcrs of aU classes are at liberty to trade di- merehantt teTade rcctly, and without the interference of Government officers, with foreiiroers. ^.^j^ forclgn merchauts not only at the open Ports of Japan, but also in all foreign countries, on being authorized to leave their country in the manner provided for in Article X of the present Con- vention, without being subject to higher taxation by the Japanese Gov- ernment than that levied on the native trading classes of Japan in their ordinary transactions with eaeh other. tofrai'mthfSn- ^i"! t^ey further declare that all Daimios, or persons in the employ of Daimios are free to visit, on the same condi- tion, any foreign country as well as all the open ports of Japan, and to trade there with foreigners as they please without the interference of any Japanese officer, provided always they submit to the existing police regulations and to the payment of the established duties. Aetiolb X. poS'^T bema'de All Japaucse subjects may ship goods to or from any 'fthsp^S'oti o? open port in Japan, or to and from the ports of any foreign foreiBnvesBeis. pQwcr, either lu vessels owned by Japanese, or in the ves- sels of any nation having a treaty with Japan. Hieht of Japanese Furthermorc, on being provided with passports through prov!"ed'"with'"a tho propcr department of the Government, in the manner paeBport. spccifled lu the proclamation of the Japanese Government, dated the twenty-third day of May 1866, all Japanese subj ects may travel to any foreign country for purposes of study or trade. j.p.,e,. w They may also accept employment in any capacity on oSrd°&™Si"S board the vessels of any nation having a Treaty with Japan. "'° Japanese in the employ of foreigners may obtain Govern- poS«°K°*°oad.'" ment passports to go abroad on application to the Govern- ment of any open port. Aeticle XI. beaeoM* w°be p°o'^ Tho Govcmment of Japan will provide aU the ports open videdbyjapaa. ^q foreign trado with such lights, buoys and beacons as may be necessary to render secure the navigation of the approaches to the said Ports. Aeticle XII. The undersigned being of opinion that it is unnecessary that this Con- vention should be submitted to their respective Governments for ratifi- cation before it comes into operation, it will tate effect on and froni the Ist day of July, one thousand eight hundred and sixty six. Each of the Oontractiag Parties having obtained the approval of his Ratiaeations govemmeut to this convention shall make known the same t. eations. ^ ^^^ othcrs, and the commupication in writing of this ap- proval shall take the place of a formal exchange of Eatifications. In witness whereof the above-named Plenipotentiaries have signed the present Convention and have affixed thereto their seals. JAPAN, 1866. 617 ©•ne at Teddo, in tlie English, French, Dutch and Japanese lan- guages this twenty fifth day of June, one thousand eight hundred and sixty six. [SBAi.] A. L. 0. PORTMAN, ChargS W Affaires a. i. of the United States in Japan. [SEAL.] _ HAEKT S. PAEKES, Mer Britannic Majesty's Unvoy Extraordinary a/nd Minister Plenipotentiary in Japan. rsBAL.] Leon Eoohes, Ministre Plenipotentiaire de S. M. VHmpereur des Fran^ais au Japan. [SEAi.] D. De G-eaepp Van Polseeoek, Politick Agent en Consul- Generaal der Nederlamden in Japan. [seal.] Midzuno Idztjmi 'Eo Kami. Import tariff. ClasbI.— SPECIFIC DXTTTES. Article. Dnty. Per— Booa. Cents. 12 Alnm Betel-nut Brass battens Candles Oanras and cotton duck ... Cigars Cloves and motbier cloves. Cochineal Cordage Cotton, raw COTTON MANUFAOTUBEB. Shirtings, grey, white and twUled, white spotted or figured, drills ana jeans, white brocades, T-cloths, cambrics, mus- lins, lawns, dimities, quiltings, cottonets; all the above goods dyed. Printed cottons, chintzes, and furniture : (A.) Xot exceeding 34 inches wide (B.) ITot exceeding 4') inches wide (C.) Not exceeding 46 inches wide (D.) Exceeding 46 inches wide , To&chelass not exceeding 31 inches exceeding 31 mches - 7 not exceeding 43 inches .- 5 Fnstians, as cotton velvets, velveteens, satins, satinets, and cotton damasks, not exceeding 40 inches '. Cringhams, not exceeding 31 inches not exceeding 43 inches Handkerchiefs Singlets and drawers ^ Table-cloths Cotton thread, plain or dyed in reel or ball Cotton yam, plain or dyed Cutch Teathers, (kingfisher, peacock, &c) Hints .: „ Gambler Gamboge Glass window Glue Gum benjamin and oil of ditto Gum, dragons blood, myrrh*, olibanum G^snm ffides, buffalo and cow .- Horns, buffalo and deer Horns, rhinoceros - Hoofs Indigo, liquid Indigo, diy ^oiy, riephants' teeti, all qualities Paint, as red, white, and yellow lead, (minium, cemse, and massicot,) and paint-oils 100 catties . do.... Gross 100 catties . 10 yards ... Catty 100 catties - do .... .do. .do. 10 yards . do .. .....do.. do.. do.. do.. , do.... do.... do.... Dozen ..... do.... Each 100 catties . do.... 100 pieces 100 catties do do Box of 100 square feet. 100 catties .....do do do do do do do do do.. do .do. 16 45 22 2 25 25 25 1 00 21 00 1 25 1 25 15 074 08i 10 Hi 17i 25 06 09 05 30 06 50 00 75 50 12 45 75 35 60 40 80 08 20 05 50 30 75 75 00 50 618 TREATIES AND CONVENTIONS. Import terijf— Continued. Article. Duty. Per— Boos. Cents. Leather „ Linen of all qnalities . Mangrove bark Matting, floor Copper and brass in slabs, sheets, rods, nails Teilow metal, mnntz metal, sheathing and nails.. Iron, mannfactared, as in rods, bars, nails, &c Iron, manufactured, as in pigs Iron, manufactured, as in kentledge Iron, manufactured, asin^rire Lead, pigs Lead, sheet ^ , Spelter and zinc ..'.^ Steel Tin Tin, plates Oil-cloth for flooring Oil or leather-cloth for furniture. Pepper, black and white Putchnk , Quicksilver : Quinine Battans - Ehubarb, Salt fish , Sandal-wood Sapan-wood Sea-horse teeth Narwhal or "unicorn" teeth Sharks' skins , Snuff. Soap, bar Stick-lac L Sugar, brown and black '.. Sugar, white Sngar, candy and loaf Tobacco Yermillion.... 100 catties 10 yards 100 catties Boll of 40 yaxds. WOOLEH MAKUFACTUBES. Broad, habit, medium, and narrow cloth: A, not exceeding 34 inches B, not exceeding 55 inches C, exceeding 55 inches Spanish stripes Cassimeres, flannel, long-ells and'serges Bunting Camlets, Butch Camlets, Bnglish Lastings, crape-lastings, and worsted crapes, merinos, and all other woolen goods not classed under ISo. 76 : A, not exceeding 34 inches B, exceeding 34 inches "Woolen and cotton mixtures, as imitation camlets, imitation lastings, Orleans, (plain and flgnred,) lustres, (plain and figured,) alpacas, baratheas, damasks, Italian cloth, taffa- chelass, Bussell cords, cassandras, woolen fancies, camlet cords, and all other cotton and woolen mixtures : A, not exceeding 34 inches B, exceeding 34 inches Blankets and horse-cloths . . .'- Travehng-rnga, plaids, and shawls Figured woolen table-cloths Woolen singlets and drawers Woolen and cotton singlets and drawers WoUenyam, plain and dyed 100 catties do do do do do do do do , ......do do Box not exceeding 90 catties 10 yards do 100 catties do do Catty 100 catties'. do do :.. do , do do ..- Catty 100 pes Catty 100 catties do do do do do , do 10 yards .. do... do... do... do... do... do... do... .do. -do. do.... do.... 10 caiTties . . Each do.... Dozen do.... 100 catties . JAPAN, 1866. Class II. — ^Duty-free GtOODs. 619 All animals used for food or draught; anchors and chain cables; coalj clothing, (foreign,) not being of articles named in this tariff; gold and silver, coined and uncoined ; grain, including rice, paddy, wheat, barley, oats, rye, peas, beans, millet, Indian-corn ; flour and meal prepared from the above; oilcake; packing matting; printed books ; salt; salted meats in casks; saltpetre; solder; tar and pitch; tea firing pans and baskets; tea lead ; traveling baggage. Opium. Class III. — Peohibited goods. Class rv. — Groons subject to an ad valorem duty oh five per CENT on OKI&INAL VALUE. Arms and munitions of war; articles de Paris; boots and shoes; clocks, watches, and musical boxes; coral; cutlery; drugs and medi- cines, such as ginseng, &c. ; dyes ; porcelain and earthen ware ; furni- ture of all kinds, new and second hand ; glass and crystal ware ; gold and silver lace and thread ; gums and spices not named in tariff; lamps; looking glasses; jewellery ; machinery and manufactures in iron or steel, manufactures of all kinds in silk, silk and cotton, or silk and wool, as velvets, damasks, brocades, &c.; paintings and engravings; perfumery, scented soap ; plated ware ; skins and furs ; telescopes and scientific in- struments ; timber ; wines, malt and spirituous liquors ; table stores of all kinds, and all other unenumerated goods. Note. — According to the Vlllth article of the Convention of Yedo, a duty will be charged on the sale of foreign vessels to Japanese ol three boos per ton for steamers and one boo per ton for sailing vessels. Escort tariff. Class I.— SPECIFIC DUTIES. i Article. Duty. a -A Per— Boob. Cents. 1 Awabfi 3 1 2 2 1 2 1 3 2 5 1 00 <>, do 08 » do 80 4 do 75 h Cassia : do 30 A do 25 7 Coal do 04 8 do 25 9 Coir . - ..do 45 1(1 do 75 11 do 05 V>, GaU nuts - do 90 13 do 45 14 do 00 15 do 05 in do 90 17 do 00 ia do 60 iq do 25 ao Leal :::::::::;;:;:::;::::::: do 90 ?.i do 00 3?, 0il,fisli. . do 30 23 0il,«eed do 06 620 TREATIES AND CONVENTIONS. JEa^ort tari^— Continued. Class I.— SPECIFIC DUTIES— Coatinued. Article. Dnty. Per— Boos. Cents. Paper, ■writing Paper, inferior Peas, beans, and pulse of all kinds . Peony bark (Botanpi) Potatoes Sake or Japanese wines or spirits. Seaweed, nncnt .' Seaweed, cnt Seeds, rape .., Seeds, sesamnm _ , Shark's fins ■ Shrimps and prawns, dried salt 100 catties . , do .... do.... do.... dp.... do do.... do-... do.... do.... do.... do.... do.... Baw and thrown.. Tama or Dnpionl . Koshior 8k£a Floss . Cocoons, pierced Cocoons, nnpierced Waste silk and waste cocoons'. Silk worm's eggs. . Soy soy ... Smphn Si Tea Tea, quality known as "Bancha" (when exported from Na* gasaMomy) \.^ , Tobacco, leai Tobacco, cnt or prepared... "Vermicelli Wax, vegetable Wax, bees do.... do.... do.... do.... do.... do.... do.... Sheet 100 catties . do.... do.... .do. .do. .do. .do. .do. .do. 3 00 1 00 30 n ewor upou the like articles of any other tbreign country; and if the Japanese government should prohibit the exportation from, or im- portation into, its dominions of any particular article or articles, such prohibition shall not be discriminatory against the products, vessels or citizens of the United States. Article III. It is further agreed, that, as the United States charge no export du- No export duties tics OU merchandiso shipped to Japan, no export duties on tobeciaiged. mcrchaudise shipped in the latter country for the United States shall be charged after this treaty shall go into effect. Article IV. It is further stipulated and agreed, that, so long as the first three sen- penaitie. for via- tcuces wMch arc compriscd in the first paragraph of article a.™ treaty. yj^ ^f ^j,g treaty of 1858, or the fifth year of Ansei, shall be in force, all claims by the Japanese government for forfeitures or pen- alties for violations of such existing treaty, as well as for violations of JAPAN, 1878. 623 the customs, bonded-warehouse and harbor regulations, which may, un- der this convention, from time to time, be establishedi by that govern- ment, shall be sued for in the consular courts of the United States, whose duty it shaU be to try each and every case fairly and render judgment in accordance with the provisions of such treaty and of such regulations; and the amount of all forfeitures and fines shall be delivered to the Jap- anese authorities. Aetiole V. It is uDderstood and declared by the high contracting parties, that the right of controlling the coasting trade of Japan belongs ^^^^ ^^^ solely, and shall "be strictly reserved, to the government of »"""«'"' •■ that Empire. Article VI. It is, however, agreed, that vessels of the United States arriving at any port of Japan open to foreign commerce, may unload, ^^^^^ ^ ^^^^ .^ in conformity with the customs laws of that country, such japaS'Sts^pS portions of their cargoes as may be desired, and that they °°'"'"'' """="■ may depart with the remainder, without paying any duties, imposts or charges whatsoever, except for that part which shall have been landed, and which shall be so noted on the manifest. The said vessels may continue their voyage to one or more other open ports of Japan, there to land the part or residue of their cargoes, desired to be landed at such port or ports. It is understood, however, that all duties, portch,re.- imposts, or charges whatsoever, which are or may become chargeable upon the vessels themselves, are to be paid only at the first port where they shall break bulk or unload part of their cargo; and that at any subsequent port used in the same voyage only the local port charges shall be exacted for the use of such port. Article VII. In view of the concessions made by the United States in regard to the customs tariff, and the customs and other regulations of j,pa„ to op™ ad- Japan, as above stipulated in Article I., the government of diti<""'ii"»'»- Japan will, on the principle of reciprocity, make the following conces- sions, to wit: That two additional ports (whereof one shall be Shimo- no-seki, and the other shall be hereafter decided upon by the contract- ing parties jointly), from the date when the present convention may go into eftect, sliall be open to citizens and vessels of the United States, for the purposes of residence and trade. Article VIII. It is also agreed that, as the occasion for Article V. of the treaty of 1858, or the fifth year of Ansei, between the two countries ^,^i^1^y^^,^^^ is considered to have passed away, that article shall, after or ipa'to be'abS the present treaty shall have gone into effect, be regarded as no longer binding. Article IX. It is further agreed, that such of the provisions of the treaties or con- ventions heretofore concluded between the two countries and not herein expressly abrogated, as conflict with any ioS'SfVormerS: provisions of the present convention are hereby revoked and annulled; that the present convention shall be considered to be and 624 TREATIES AND CONVENTIONS. form a part of the existing treaties between the two countries; that the revision of such portions of the said treaties as are not modified or re- voked by the present convention, as also the revision of the present convention itself, may be demanded hereafter by either of the high contracting parties; and that this convention, as well as Revision. ^j^^ prcvious trcatios as modified thereby, shall continue in force until, upon such a revision of the whole, or any part thereof, it shall be otherwise provided. Aeticlb X. The present convention shall take effect when Japan shall have con- Time of tauter, eluded such conventions or revisions of existing treaties fectofconrention. ^j^]j gjr^ ^]jg other trcaty powers holding relations with Ja- pan as shall be similar in effect to the present convention, and such new conventions or revisions shall also go into effect. The present convention shall be ratified and the ratifications shall be exchanged at Washington as soon as may be within fifteen Ratifications. . ■, « . ■■ t j i n months from the date hereof. In faith whereof the above named Plenipotentiaries have hereunto set their hands and seals, at the city of Washington, this twenty-fifth day of July, one thousand eight hundred and seventy-eight, or twenty- fifth day of the seventh month of the eleventh year of Meiji. SEAi.] William Maxwell Evakts. SEAL.] YOSHIDA KlYONAKI. 1880. convention providing foe the eeimbuesement of shipwreck expenses. Concluded May 17, 1880; ratification exchamged at Washington Jwne 16, 1881 ; proclaimed October 3, 1881. The United States of America and the Empire of Japan being desir- ous of concluding an agreement providing for the reimbursement of certain specified expenses which may be incurred by either country in consequence of the shipwreck on its coasts of the vessels of the other, have resolved to conclude a special convention for this purpose, and have named as their Plenipotentiaries: — The President of the HTnited States of America, John A. Bingham, their Envoy Extraordinary and Minister Plenipotentiary to Heiototori g^.^ Jmperial Majesty; and His Majesty the Emperor. of Japan, Inouy e Kaoru Shoshii, Minister for Foreign Affairs and decorated with the 1st class of the order of the Eising Sun, who 8.fter reciprocal communication of their fall powers found in good and due form, have agreed as follows : — All expenses incurred by the Government of the United States for the Ketabursemento'^ Tcscue, clothlug, maiutenauce, and travelling of needy ship- expenditaSTi™ wrBckcd Japaucsc subjects, for th6 recovery of the bodies ofehipwceok. ^^ ^^^ drowucd, for the medical treatment of the sick and injured, unable to pay for such treatment,! and for the burial of the dead, shall be repaid to the Government of the I7nited States by that of Japan. And a similar course of procedure to the above shall be observed by the JAPAN, 1886. ' 625 Government of the United States in the case of assistance being given by that of Japan to shipwrecked citizens of the United States. But neither the Government of the United States, nor that of Japan shall be responsible for the repayment of the expenses in- wrecked ve»se curred in the recovery or preservation of a wrecked vessel cCged" wTth'°e'i! or the property on board. All such expenses shall be a p^-^^"' """^^y- charge upon the property saved, and shall be repaid by the parties interested therein upon receiving delivery of the same. No charge shall be made by the Government of the United States nor by that of Japan for the expenses of the Government offi- cers, police or local functionaries who shall proceed to the Except.om. wreck, for the travelling expenses of officers escorting the shipwrecked men, nor for the expenses of official correspondence. Such expenses shall be borne by the Government of the country to which such officers, police, and local functionaries belong. This convention shall be ratified by the respective Governments in due form of law, and the ratifications shall be exchanged at Washington as soon as may be. It shall take effect in K»Mc!ition». the respective countries thirty days after the exchange of said ratifica- tions. In witness whereof the respective Plenipotentiaries have hereunto affixed their signatures and seals. Done, in duplicate in the English and Japanese languages at the city of Tokio, Japan, this 17th day of May in the year 1880, (17th day of the 5th month of the 13th year Meiji). SEAL. SEAL. John A. Bingham. INOUTE Kaortj. 1886. TREATY FOE THE EXTEADITION OF CRIMINALS, FUGITIVE FEOM JUSTICE. Concluded April 29, 1886 ; ratifications exchanged at Tolcio September 27, 1886; proclaimed November 3, 1886. The President of the United States of America and his Majesty the Emperor of Japan having judged it expedient, with a view to the better administration of justice, and to the prevention of crime within the two countries and their jurisdictions, that persons charged with or convicted of the crimes or offences hereinafter named and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, they have named as their Plenipotentiaries to conclude a Treaty for this purpose, that is to say : The President of the United States of America, Eichard B. Hubbard, their Envoy Extraordinary and Minister Plenipotentiary ^,^ ^ ,^^^^ near His Imperial Majesty, and His Majesty the Emperor ^e"""""- of Japan Count Inouye Kaoru, Jinsammi, His Imperial Majesty's Min- ister of State for Foreign Affairs, First Glass of the Order of the Eising Sun &c. &c. &c. 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 : Aetiole I. The High Contracting Parties engage to deliver up to each other, under the circumstances and conditions stated in the present Treaty, 3769 TE 40 626 TREATIES AND CONVENTIONS. all persons, who being accused or convicted of one of the crimes or offences named below in Article II, and committed within the jurisdic- tion of the one Party, shall be found within the jurisdiction of the other Party. Akticle II. 1. Murder, and assault with intent to commit murder. 2. Counterfeiting or altering money, or uttering or bringing into cir- culation counterfeit or altered money ; counterfeiting cer- crim«. tiflcates or coupons of public indebtedness, bank notes, or other instruments of public credit of either of the parties, and the utter- ance or circulation of the same. 3. Forgery or altering, and uttering what is forged or altered. 4. Embezzlement or criminal malversation of the public funds, com- mitted within the jurisdiction of either party, by public oflGicers or de- positaries. 5. Eobbery. 6. Burglary, defined to be the breaking and entering by night time into the house of another person with the intent to commit a felony therein ; and the act of breaking and entering the house of another, whether in the day or night-time, with the intent to commit a felony therein. 7. The act of entering, or of breaking and entering, the offices of the Government and public authorities, or the offices of banks, banking- houses, savings-banks, trust companies, insurance or other companies, with the intent to commit a felony therein. 8. Perjury, or the subornation of perjury. 9. Eape. 10. Arson. 11. Piracy by the law of nations. 12. Murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship bearing the flag of the demanding country. 13. Malicious destruction of, or attempt to destroy, railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life. AKTIOIiE III. If the person demanded be held for trial in the country on which the demand is made, it shall be optional with the latter to grant ted'^T°couS?ry'°of extpaditiou or to proceed with the trial: Provided that, un- '^'"'°' less the trial shall be for the crime for which the fugitive is claimed, the delay shall not prevent ultimate extradition. Aeticlb IV. ' If it be made to appear that extradition is sought with a view to try Not to be oitradi ^^ puuish thc pcrson dem8.nded for an offense of a political tedfor poui?c\rof- charactcp, surrender shall not take place; nor shall any per- son surrendered be tried or punished for any political of- fense committed previously to his extradition, or for any offense other than that in respect of which the extradition is granted. TAPAN, 1886. 627 Abtiole V. The requisition for extradition shall be made through the diplomatic agents of the contracting parties, or, in the event of the iie,„i,iti„„ fo, absence of these from the country or its seat of govern- JJ„''„S™"°°''*°' ment, by superior consular of&cers. If the person whose extradition is requested shall have been con- victed of a crime, a copy of the sentence of the court in which he was convicted, authenticated under its seal, and an attestation of the official character of the judge by the proper executive authority, and of the latter by the Minister or Consul of the United States or of Japan, as the case may be, shall accompany the requisition. When the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country making thie demand and of the depositions on which such warrant may have been issued, must accompany the requi- sition. The fugitive shall be surrendered only on such evidence of criminal- ity as according to the laws of the place where the fugitive or person so charged shaU be found, would justify his appre- ='■«'"«» hension and commitment for trial, if the crime had been there committed. Aetiole VI. On being informed by telegraph or other written communication through the diplomatic channel, that a lawful warrant has ^„,^ „j j,„.. been issued by competent authority upon probable cause for «»«»' '»»«'•■ the arrest of a fugitive criminal charged with any of the crimes enu- merated in Article II of this Treaty, and, on being assured from the same source that a riequest for the surrender of such criminal is about to be made in accordance with the provisions of this Treaty, each Gov- ernment will endeavor to procure so far as it lawfully may the provis- ional arrest of such criminal, and keep him in safe custody for a reason- able time, not exceeding two months, to await the production of the documents upon which the claim for extradition is founded. Article VII. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this con- N,i,t„ ^,i„ „ yention, but they shall have the power to deliver them up '«>"•"«•"«««"• if in their discretion it be deemed proper to do so. Article VIII. » The expenses of the arrest, detention, examination and transportation of the accused shall be paid by the Government which has «,,.„„. requested the extradition. Article IX. The present Treaty shall come into force sixty days after the exchange of the ratifications thereof. It may be terminated by either of them, but shall remain in force for six months after no- ""™•■'"'°"'•••'■ tice has been given of its termination. The treaty shall be ratified, and the ratifications shall be exchanged at Washington, as soon as possible. K-Mctio™. In witness whereof the respective Plenipotentiaries have signed the present Treaty in duplicate and have thereunto affixed their seals. 628 TEEATIES AND CONVENTIONS. Done at the city of Tokio, the Twenty-ninth day of April, in the eighteen hundred and eighty-sixth* year of the christian era, corre- sponding to the Twenty-ninth day of the Fourth month, of the nine- teenth year of Meiji. SEAL.l ElCHABD B. HUBBAED. SEAL.] iNOtTTE KAOKTJ. * In the protocol of exchange of the ratifications of this treaty, signed by the Plenipotentiaries at Tokio, September 27, 1886, it is declared that "the eighteen hun- dred and eighty-sixth year of the christian era," is intended to mean theyear A. D. 1886. The protocol also declares that notwithstanding the treaty provided that the ex- change of the ratifications should take place at Washington, the Two High Contract- ing Parties, in order to save time, agreed that the exchange should take place at Twdo instead. LEW CHEW. 1854. COMPACT OP FRIENDSHIP AND COMMERCE. Gonchided July llj 1854; ratification advised iy the Senate March 3, 1855 ; proclaimed March 9, 1855. Hereafter, whenever citizens of the United States come to Lew Chew, they shall be treated with great courtesy and friendship. Trade .uowed .t Whatever articles these people ask for, whether from the ^^ "'""■ officers or people, which the country can furnish, shall be sold to them; nor 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 sh.pwr.cki. 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 have been saved; and the expenses incurred in rescuing these unfor- tunate persons shall be refunded by the nation they belong to. Whenever persons from ships of the United States come ashore in Lew Chew, they shall be at liberty to ramble where they please PriyiiegeBofAmm. without hindrance or having of&cials sent to follow them, or "^r^'^^^yct^. 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 maltreated, and shall be reported to the captain of 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 of&cers shall furnish them with wood at the rate of three thousand six hundred copper cash per thou- 630 TREATIES AND CONVENTIONS. sand catties; and with water at the rate of 600 copper cash (43 cents) lor 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 Fn flng, superintendent of affairs (Tsu-li-kwan) in Lew Chew; and Ba Eio-si, treasurer of Lew Chew, at Shni, for the Gov- ernment of Lew Chew, and copies exchanged this 11th day of July, 1854, or the reign Hien fung, 4th year, 6 th moon, 17th day, at the Town Hall of Kapa. M. 0. Peebt. Sho fu ping. Ba Eio-si. LIBEKIA 1862. TREATY OF COMMERCE AND NAVIGATION. Concluded October 21, 3862; ratifications exchamged at London, February 17, 1863; proclaimed March 18, 1863. The United States of America and the Eepublic of Liberia, desiring to fix, in a permanent and equitable manner, the rules to be observed in the intercourse and commerce they desire to establish between their respective countries, have agreed, for this purpose, 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 reci- procity for the basis of their agreement ; and to effect this, they have Bamed 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; NesotLto™. and the Eepublic of Liberia, His Excellency Stephen Allen Benson, Presi- dent 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 L There shall be perpetual ppace and friendship between the United States of America and the Eepublic of Liberia, and also be- tween the citizens of both countries. p««i:««n «imtr. Article n. There shall be reciprocal freedom of commerce between the United States of America and the Eepublic of Liberia. The citizens freedom of cm- of the United States of America may reside in and trade to """"'■ any part of the territories of the Eepublic 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 Eepublic of Liberia shall, in return, enjoy similar protection and privileges in the United States , of America and in their territories. mi 632 TEEATIES AND CONVENTIONS. Article III. No tonnage, import, or other duties or charges shall be levied in the No diBcriminatiou ^^^publlc of Liberia on United States vessels, or on goods in dutie'ro™Sr« Imported or exported in United States vessels, beyond what and miporte, ^^^ ^^ ^^^ ^^ levlcd On uatlonal vessels, or on the like goods imported 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 Eepublic of Libe- ria, 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. Aetiole IV. Merchandise or goods coming from the United States of America in No aucriii.m.tion ^^J vcssels, Or imported in United States vessels from any o°f nSlrnrtroMm- couutry, shall not be prohibited by the Eepublic of Liberia, """'• nor be subject to higher duties than are levied on the same kinds of merchandise or goods coming from any other foreign country or imported in any other foreign vessels. All articles the produce of the Eepublic of Liberia may be exported therefrom by citizens of the United States and United States vessels on as favorable terms as by the citi- zens and vessels of any other foreign country. In like manner all merchandise or goods coming from the Eepublic of Liberia in any vessels, or imported in Liberian verjsels 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. Aetiole V. When any vessel of either of the contracting parties shall be wrecked, foundered, or otherwise damaged on thp coasts or within .pwre s. ^j^^ territories of the other, the respective citizens shall re- ceive 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. saivase. ghould a dispute arise as to the salvage, it shall be settled by arbitration, to be chosen by the parties respectively. Aetiole VI. It being the intention of the two contracting parties to bind them- Moat faToied na- sclvcs by tho prcscut treaty to treat each other on the foot- *'°°- ing of the most favored nation, 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 hereafter grant, to the subjects or citizens of any other State, shall be extended to the citizens of the other contracting party gratuitously, if the concession in favor of that other State shall have LIBERIA, 1862. 633 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 Liberwto appoint consul shall enter upon the exercise of his functions until he """""i shall have been approved and admitted, in the usual form, by the Gov- ernment of the country to which he is sent. Article VIII. The United States Government engages never to interfere, unless solicited by the Government of Liberia, in the affairs be- ^^,;„„„;,i,,i, tween the aboriginal inhabitants and the Government of the orwiiSrSirMtant's" Eepnblic of Liberia, in the jurisdiction and territories of °' ^'''°"°' the Eepnblic. Should any United States citizen suffer loss, in person or property, from violence by the aboriginal inhabitants, and the Gov- ernment of the Eepublic of Liberia should not be able to bring the ag- gressor 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 EepubUc of Liberia are desired to abstain from all such intercourse with the aboriginal inhabitants as will tend to the vio- lation of law and a disturbance of the peace of the country. Article IX. The present treaty shall be ratified, arid the ratifications exchanged at London, within the space of nine months from the date hereof. In testimony whereof the Plenipotentiaries before mentioned have hereunto 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. SEAL. SEAL. Ohakles Francis Adams. Stephen Allen Benson. LUBEO. {See Hanseatio Eeptjblics.) LUXEMBUKG. 1883. CONVENTION FOE THE EXTRADITION OP CRIMEi^ALS FUGITIVE FROM JUSTICE. Concluded October 29, 1883; ratifications exchanged at Berlin July 14, 1884; proclaimed August 12, 1884. The United States of America and His Majesty the King of the I^Tether- lands, Grand Duke of Luxemburg, having judged it expedient, with a view to the better administration of justice and the prevention of crime within their respective territories and jurisdictions, that persons charged with or convicted of the crimes and offenses hereinafter enumerated, and being fugitives from justice, should, under certain circumstances be reciprocally delivered up, have resolved to conclude a convention for that purpose and have appointed as their Plenipotentiaries: The President of the United States of America, Mr. A. A. Sargent, His Envoy Extraordinary and Minister Plenipotentiary to His Majesty the Bmperon of Germany at Berlin ; and His Majesty the King of the Netherlands, Grand Duke of Luxemburg, Dr. Paul Eyschen, N.eotmtor». g-j^ Director general of the Department of justice and Charge d' Affaires of the Grand Duchy of Luxemburg at Berlin, Chevalier of the 2nd Class of the Order of the Golden Lion of the House of Nassau, Commander of the Order of the Crown of Oak and of that of the Lion of the Netherlands, &c, &c, &c. 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 Government of the United States and the Government of Lux- emburg mutually agree to deliver up persons who, having been charged Extradition of ^s priucipals OT accBssories, with or convicted of any of the mnainais. crlmcs aud offenscs specified in the fojllowi-ng article, com- mitted within the jurisdiction of one of the contracting parties, shall geek an asylum or be found within the territories of the other. Provided that this shall only be done upon such evidence of criminality as, ac- 634 LUXEMBUEG, 1883. 635 cording 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 the convention, with cnm™. any of the following crimes: 1°. Murder, comprehending the crimes designated in the penal code of Luxemburg by the terms of parricide, assassination, poisoning and infanticide; 2°. The attempt to commit murder; 3°. Bape, or attempt to commit rape, bigamy, abortion; 4°. Arson; 5°. Piracy or mutiny on shipboard whenever the crew or part thereof shall have taken possession of the vessel by fraud or violence against the commander; 6°. The crime of burglary defined to be the act of breaking and en- tering by night into the house of another with the intent to commit felony; and the crime of robbery, defined to be the act of feloniously and forcibly taking from the person of another money or goods by vio- lence or putting him in fear; and the corresponding crimes punished by the laws of Luxemburg under the description of thefts committed in an inhabited house by night and by breaking in, by climbing or for- cibly; and thefts committed with violence or by means of threats. 7°. The crime of forgery by which is understood the utterance of forged papers, and also the counterfeiting of public, sovereign or gov- ernmental acts ; 80. The fabrication or circulation of counterfeit money, either coin or paper, or of counterfeit public bonds, coupons of the public debt, bank- notes, obligations, or, in general, anything being a title or instrument of credit; the counterfeiting of seals and dies, impressions, stamps, and marks of State and public administrations and the utterance thereof; 9°. The embezzlement of public moneys committed within the juris- diction of either party by public ofBlcers or depositaries; 10°. Embezzlement by any person or persons hired or salaried to the detriment of their employers, when the crime is subject to punishment by the laws of the place where it was committed; 11°. Wilful and unlawful destruction or obstruction of rail-roads which endangers human life; 12°. Eeception of articles obtained by means of one of the crimes or offenses provided for by. the present convention. Extradition may also be granted for the attempt to commit any of the crimes above enumerated, when such attempt is punishable by the laws of both contracting parties. Article III. A person surrendered under this convention shall not be tried or pun- ished in the country to which his extradition has been granted, nor given up to a third power for a crime or offense DM'S'b'^trieno? not provided for by the present convention and committed ''"™"» "*'""»• previously to his extradition, until he shall have been allowed one month to leave the country after having been discharged; and, if he shall have 636 TEEATIES AND CONVENTIONS. been tried and condemned to punishment, lie shall be allowed one month after having suffered his penalty or having been pardoned. He may however be tried or punished for any crime or offense pro- vided for by this convention committed previous to his extradition, other than that which gave rise to the extradition, and notice of the purpose to so try him, with specification of the offense charged, shall be given to the Government which surrendered him, which may, if it think proper, require the production of one of the documents mentioned in article 7 of this convention. The consent of that government shall be required for the extradition ExtrnditioB to > o£ thc accuscd to a third country; nevertheless such con- hird .country. ggut shall uot bc nccessary when the accused shall have asked of his own accord to be tried or to undergo his punishment, or when he shall not have left within the space of time above specified the territory of the country to which he has been surrendered. Article IV. The provisions of this convention shall not be applicable to persons guilty of any political crime or offense or of one connected CTtr«d°ted°fo°°Soiiti- with such a crime or offense. A person who has been sur- cai oiTenseB. reudcred on account of one of the common crimes or offenses mentioned in article 2, shall consequently in no case be prosecuted and punished in the State to which his extradition has been granted on ac- count of a political crime or offense committed by him previously to his extradition or on account of an act connected with such a political crime or offense, unless he has been at liberty to leave the country for one month after having been tried, and, in case of condemnation, for one month after having suffered his punishment or having been pardoned. An attempt against the life of the head of a foreign government or against that of any member of his family, when such attempt comprises the act either of murder or assassination or of poisoning, shall not be considered a political offense or an act connected with such an offense. Aetiolb Y. l^either of the contracting parties shall be bound to deliver up its Neither nation to owTi citizcus Or subjccts uudcr the stipulations of this con- deliver it, own citi- yentlOU. Aeticle VI. If the person whose surrender may be claimed pursuant to the stipu- offense. in country latious of thc prcscut treaty shall have been arrested for ofasyiom. ^Jjq commissiou of offenses 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. Aeticle VII. Eequisitions of the surrender of fugitives from justice shall always be made through a diplomatic channel. If the person whose extradition may be asked for shall have been con- Ke ui»,tion» for ^c*^ has become barred by limitation,^ according to the laws oi the country to which the requisition is addressed. Article X. AH articles found in the possession of the accused party and obtained through the commission of the act with which he is charged, ^ .^^^^ ^^ ^^, ^^^ or that may be used as evidence of the crime for which his i" piBseBBion of the extradition is demanded, shall be seized if the competent '"°°''' ' authority shall so order, and shall be surrendered with his person. The rights of third parties to the articles so found shall nevertheless be respected. Article XI. The present convention shall take effect thirty days after the exchange of ratifications. It may be terminated by either of the contracting parties, but shall remain in force for six months after notice has been given Duration oi con. for its termination. "°"°"- It shall be ratified and'its ratifications shall be exchanged Ratification. as soon as possible. In witness whereof the respective plenipotentiaries have signed the above articles both in the English and French languages, and they have thereunto afiQxed their seals. Done, in duplicate, at the city of Berlin, this 29th day of October, A. D. 1883. SEAL.] A. A. Sargent. SEAL.] Paul Etschen. MADAGASCAR. 1867* TREATY OF COMMERCE AND NAVIGATION. Concluded February 14, 1867; ratifications excha/nged at Antananarivo July 8, 1868; proclaimed October 1, 1868. Between Eainimaharavo, Chief Secretary of State, 16 vtra., Andriant- sitohaina, 16 vtra., Eafaralahibemalo, head of the civilians, NeiotLton. ^^ ^j^^ p^^^ ^^ ^j^^ Government of Her Majesty the Queen of Madagascar, and Major John P. Finkelmeier, the Comercial Agent of the U. S. for Madagascar, on the part of the Government of the U. 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 np and signed by mutual agreement : Her Majesty Easoherina Manjaka, Queen of Madagascar, and his Declaration of Excellency Andrew Johnson, President of the U. S. of •mity. 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. n. The dominions of each contracting party, as well as the right of domicil of their inhabitants, are sacred; and no forcible Ruht o omici o. pQgggggJQjj Qf territory shall ever take place in either of 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 TJ. S. Consul, or, in his absence, by a duly authorized of&cer, to look after the offender. The right of sovereignty shall in all cases be respected in the domin- ions of one Government by the subjects or citizens of the Kei«.ouBwor.Hp. Q|.jjgj,_ CitizcDS of tho U. 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 btiilded by them without the permission of the Government. * See treaty of May 13, 1881, for revision and addition. 638 MADAGASCAR, 1867. 639 Thiey shall enjoy full and complete protection and security for them- selves and their property, equally with the subjects of Mada- Rigta ^ „„„„ gascar; the right to lease or rent land, houses, or store- «°*'>""«"y- 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 desire, 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 TJ. S. Consul and co.tr.cti the local authorities.. They also shall be permitted to trade °°'""'' or pass with their merchandise through all parts of Madagascar which are under the controle of a Governor, duly appointed by Her Majesty, wilh the exception of Ambohimanga, Ambohimanambola, ^^^ and Amparafaravato, which places foreigners are not per- mitted to enter, and, in fact, be entitled to all privileges of comerce 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 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 export and imj)ort in Madagascar, to be regulated by a tariff mutually agreed upon, with the following exceptions: Munition of war, to he imported only by the Queen of Madagascar into her dominions, or by her order. . Prohibited from export li>y the laws of Madagascar are munition of war, timber, and cows. Ifo other duties, such as tonnage, pilotage, 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 TJ. S. vessels. p„^ 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 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 p,i,i,,„, „, ^i,;. America, are subject to the laws of trade and comerce in "°'thf t«mtorr"o°f 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 a,nd criminal jurisdiction of their own consul only, duly invested with the necessary power. 640 TREATIES AND CONVENTIONS. But shonld any Americau citizen be guilty of a serious criminal of- fence against the laws of Madagascar, he shall be liable to banishment from the country. All disputes and differences arising within the dominions of Her Die utei Majesty between citizens of the U. S. and subjects of Mada- .eputei gascar shall be decided before the U. S. Consul and an offi- cer duly authorized by Her Majesty's Government who shall afford mu- tual assistance and every facility to each other in recovering debts. VI. No American vessel shall have communication with the shore before receiving pratique from the local authorities of Madagascar, Tewei.. ^^^ shall any subject of Her Majesty the Queen be per- mitted to embark on board of an American vessel without a passport from Her Majesty's Government. In cases of mutiny or desertion, the local authorities shall, on appli- cation, render all necessary assistance to the American Oon- eaertera. ^^ ^^ brfug back the dcscrtcrs and to re-establish discipline, if possible, among the crew of a merchant-vessel. vn. In case of a shipwreck of an American vessel on the coast of Mada- gascar, or if any such vessel should be attacked or plun- shipwreckB. 5ered in the waters of Madagascar adjacent to any military station. Her Majesty engages to order the Governor to grant every as- sistancie 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. S. of America and Her R.t.scationB. ]\f ^jcsty tho Quecu of Madagascar for ratification, and such ratifications be exchanged within six months from date of ratification, 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 English and Malagasy languages, which shall be both of equal author- ity, have been signed and sealed at Antananarivo this day. SUPPLEMENTAET AETICLE TO § II. P. S. — Should there be any business of the Queen requiring the serv- suppiemmtaiT ar- iccs of such labourers, they shall be permitted to leave tide. without giving previous notice. The sentence in Article n, stating that previous notice must be given, refers only to labourers leaving on their own account. 'SEAL.] J. P. FlNKELMEIEE, U. 8. G. A. SEAL.] EAINIMAHAEAVO, Chief Secretary of State, 16 vtra. Akdeiantsitohaina, 16 vtra. Eaparalahieemalo, Iioholona Ghibe amy ny Bra. Antananakivo, lUh February, 1867. MADAGASCAE, 1881. 641 1881. TREATY OF PEACE, FRIENDSHIP, AND COMMERCE. Concluded at Antananarivo May 13, 1881; ratifications exclianged at Washington March 12, 1883; proclaimed March 13, 1883. Whereas a treaty of friendship and commerce between the Govern- ment of Madagascar and the Government of the United States of Amer- ica was concluded on the fourteenth of February, 1867, at Antananarivo, the capital of Madagascar, under which the most friendly relations be- tween the two have existed up to the present time; and whereas Her Majesty Eanavalomanjaka, Queen of Madagascar, and his Excellency James A. Garfield, President of the United States of America, are both desirous, for the good and welfare of their respective countries, to main- tain the present friendly relations, and to expand the commerce between the two countries; to prevent as far as possible complications and dis- putes between their respective subjects and citizens, and to provide more definitely the manner of executing the obligations of the treaty and the adjustments of disputes that may arise in the future, the fol- lowing articles of revision and addition to the treaty of the fourteenth of February, 1867, have been mutually agreed to and signed by Eavo- ninahitriniarivo 15th Honor, Offlcer of the Palace, Chief Secretary of State for Foreign Affairs, on the part of the Government of Madagas- car; and "W. W. Eobinson, United States Consul for Mada- Nesotiato™ gascar, on the part of the Government of the United States of America, on the thirteenth day of May (seventeenth of Alakaosy) eighteen hundred and eighty-one. Article I. The high contracting parties solemnly declare that there shall con- tinue to be a firm, inviolate peace, and a true and sincere Friendship friendship existing between them and their respective heirs and successors forever without war. Article II. 1. The dominions of each contracting party as well as the right of domicile of their inhabitants are sacred, and no forcible u-^^j^fj^^i^i,, possession of territory shall ever take place in either of them by the other party, nor any domiciliary visits nor forcible entries be made to, or esjiionage of, the houses of either party against the will of the occupants, except as hereinafter provided in Article VI., sects. 4 and 23. 2. The right of sovereignty shall in all cases be respected in the do- minions of one government by the subjects or citizens of the Right of ,„,„. other. ™"''- 3. Citizens and proteges of the United States of America will respect the government of Eanavalomanjaka, and that of her heirs u-Mstato c>ii- and successors, and will not interfere with the institutions ^1';rak\°iTfto of the country, nor meddle with affairs of Her Majesty's XrSka!' '^''■ Government, unless employed by Her Majesty. 4. The dominions of Her Majesty the Queen of Madagascar shall be understood to mean the whole extent of Madagascar; and united states cm- United States vessels and citizens shall not aid Her Majes- T^^T^H'uSS^. ty's subjects in rebellion, nor sell munitions of war to them, ""■ nor bring them help in warfare, or teach the art of war to them; and 3769 TR 41 642 TREATIES AND CONVENTIONS. the same shall apply to rebels against the heirs and successors of Her Majesty within the dominions of Madagascar. 5. Citizens and proteges of the United States of America, while in r,hiie8«» of un.t. Madagascar, shall enjoy the privilege of free and unmolested frtlTeifsiiurwo"- exercise of their respective Christian religious opinions and "'''''■ customs ; new places of worship, however, shall not he built by them without the permission of the Government of Madagascar. 6. Citizens and proteges of the United States of America while in BisMs of person Madagascar shall enjoy full and complete protection and «nd property. sBCUTity for themsolvcs and their property equally with the subjects of Madagascar. Article III. 1. According to the laws of Madagascar from all time, Malagasy lands No purchaao of ''^.nuot be sold to foreigners, and, therefore, citizens and Mj.BDBo'a'? "TntdB proteges of the United States of America are prohibited from purchasing lands in Madagascar; but still they shall be permitted to lease or rent lands, houses, or storehouses for a term of Lease of lands Dionths Or ycars, mutually agreed upon between the owners and United States citizens, not exceeding twenty-five years for one term; but the lessee, or owner of the lease, at the expiration of a term, may, if he should wish to do so, and can agree with the lessor (proprietor of the land), renew the lease by periods not exceeding twenty- live years for any one term; and the conditions agreed upon by the parties for such renewals are to be inserted in the lease. However, every renewal must be acknowledged at the time of making Renewals of lease ^^ beforc thc propcr authoritics, as hereinafter provided in sec. 9 of this article for executing leases for lands and houses; and the same fee may be exacted. 2. United States citizens and proteges shall be permitted to build EniiJinB on leased houscs aud magazlues, of any material desired, on land leased lands. |jy them, according to the agreement made with the owner; and when the lease contains a condition permitting the lessee to remove the buildings and fixtures so constructed by him, the same shall be re- moved within three months after the final expiration of the lease; other- wise they shall become the property of the owner of the land. 3. This privilege of leasing lands and building thereon by United Fortincationa not Statos citizcus aud proteges shall not be construed as a right ia°nd?.''""' °° '°"°°'' to build fortifications of whatever nature, nor to mine on the Minerals. lauds; aud should any minerals be accidentally found on such lands, they are to be left to the disposition of Her Majjesty's Gov- ernment, and no agreement will be valid made between parties to avoid this clause relative to minerals. 4. United States citizens and proteges who wish to lease tracts of un- Ruioa for lease of appropriated lauds in Madagascar may lease of the Mala- lands. ga^gy Government, under the same rules as provided above in this article, sees. 1-3, for leasing lands of Her Majesty's subjects. 5. United States citizens and proteges shall be allowed to hire labor- Hirins of laborers ©J^s, not soldlcrs, aud, if slaves, not without the permission and slaves, Qf tfjgij. mastors. Aud if such hired laborers should desire to leave, they shall be at liberty to do so, and be paid up to the time of leaving on giving one month's previous notice. 6. This notice, however, shall not be required from the Government Conditions and re ^^ Mftdagascar, whcn Her Majesty the Queen shall have etH°t°ions o"n the h'°o immcdiatc and unexpected need of the servicesi of such of laborers. laborcrs ; but the ofQcers of the Government in taking such laborers for government service will avoid taking the skilled laborers— madagascakJ 1881. 643 those who have become habituated to' the special avocations in which they are employed — and the permanently employed servants, when the circumstances will admit. And the Queen calling such laborers for soldiers or other pressing government service, shall be considered as the circumstances under which they may be taken without the notice, and paid up to the time of leaving. The above restriction is intended to prevent the local authorities from taking such permanent laborers from their employers, but not to inter- fere with the right of Her Majesty the Queen of Madagascar to call them to government service when needed. 7. Mail carriers, and bearers of dispatches, and bearers of freight, as well as the servants and bearers of travelers employed by Kights of msii car- United States citizens and proteges, and provided with pass- unueTVilCrdS- ports from the Malagasy Government, will not be taken ^'"■ away while en route, but must be permitted to finish their journeys. Nevertheless, such persons if transgressing the law, will not be exempt from arrest even while on the journey. 8. Slaves shall be allowed to engage themselves with United States citizens and proteges for short periods, where their masters are far away, or where it is not known whether they are slaves or not, but if they are demanded by their masters they shall be allowed to leave, and be paid up to the time of leaving, without giving the one month's previous notice. 9. Contracts for renting or leasing lands or houses, or hiring laborers, shall be executed by leases for lands and contracts for labor in writing which shall be executed before the United States consular offlcer and the governor of the district where such consular officer resides, or instead of said governor such of&cer as he may dele- gate for such duty, who, when satisfied that the parties have the right to make the contract, shall approve it in writing signed by them, and sealed with their official government seals. 10. And for such service a fee not exceeding two dollars ($2) may be exacted for each official seal. But when the period con- ^^^^^^^^ tracted for, for labor does not exceed six months, procuring '"°' ""ppr"""- this official approval shall be optional with the parties. 11. And the United States consular officer, as well as the governor of the district where such officer resides, or any other local Approvnibyproper officer that may be designated by the governor for that pur- "'"""■■ pose, shall approve the same without delay, unless it be in the case of some unavoidable preventing circumstances, or on a day when official business is stayed by the Queen of Madagascar. 12. On lands so leased by American citizens and proteges, the Ameri- can lessee shall pay to Her Maiesty an annual tax of two , -ni"-. 1 t J*' 1 !• 1 * Tax on leased landit cents per English square acre upon lands for cultivation, and on town lands an annual tax of one-fourth cent per English square yard. 13. This tax shall not be considered as payment in whole or in part of other taxes which may be levied on such United States citizens and proteges, or the citizens and subjects of other ""'" """" hations residing in Madagascar and Blalagasy subjects, not of any part of the export duty upon the productions of such lands, but as a special land tax. 14. This tax shall be paid once each year in the month which shall be fixed by the government for its payment; and the' -officer who sh^ll be designated to receive such, shall upon reception ''""'™' "' '" of each tax give a receipt therefor, over his signature and .official seal, 644 TREATIES XND CONVENTIONS. meutiouiug the'day; month and" yeaifon which it ^vas' received, and de- scribing the land apon which the tax is paid, and for what year, as a proof of i^ayment. 15. Such leases may be transferred; in which cases notice TraMcro lease.. ^^^^ |jg gjygn ^0 thc govcmment authority of Madagascar. 16. Citizens and proteges of the United States of America who come. to Madagascar must present a passport from their govern- pa.wort». ment, or from some consul, certifying their nationality; otherwise they are liable to be prohibited from residing in Madagascar. 17. But after producing such passport, they shall be permitted to fol- Righu insured by low auy occupation they wish ; to print books or newspapers passport. Qf j^ moral character, or any books or periodicals on literary, commercial, or scientific subjects, provided they are not of an unlawful character; but shall not be permitted to publish seditious criticisms upon Her Majesty's Government. 18. United States citizens and proteges shall be permitted to pass with or without merchandise, with their bearers, baggage, strSed "to" certain carricrs, and servants, tb rough all parts of Madagascar which are under the control of a governor duly appointed by Her - Majesty the Queen of Madagascar, with the exception of Ambohmianga, Ambohmianambola, and Amparafaravato, which places foreigners are not permitted to enter; and, in fact, be entitled to all privileges of Most farored „a- commcrce Or other business, calling or profession granted to ''°°- the most favored nation, so long as they do not infringe the laws of Madagascar. 19. The subjects of Her Majesty the Queen of Madagascar shall enjoy the same privileges in the United States of America. Article IV. 1. Commerce between the people of the United States of America and Freedom of com- Madagascar shall be perfectly free, with all the priviLeges merce. uudcr wMch thc most favored nations are now, or may hereafter be trading. 2. Citizens of the United States of America shall, however, pay a duty Duties ou import. Hot exccedlng ten per cent, on both exports and imports in and exports. Madagascar, to be regulated by a tariff to be mutually agreed upon, 3. No other dutieSj such as tonnage, pilotage, quarantine, or light- house dues shall be imposed in ports of either country on the Duties on veaaelB, ^ t» ia j_i j_ I'l j_' i i it* vessels oi the other, to which national vessels, or vessels of the most favored nations, shall not equally be liable. 4.' Until Her Majesty the Queen shall decide to collect all duties in money, the import duty on American goods may be paid in Payment of duties. ' •-<>i t i • t t* t j_j_i j* /» money or in kind, on each kind of goods, at the option of the owner or consignee, and according to a tariff that shall be agreed upon, not exceeding ten per cent. 5. This tariff of customs dues shall be drawn up by the United States Tarin or customs cousul aud au officer delegated by Her Majesty's Govern- ''"''=• ment for the purpose, within three months after the ex- change of the ratification of this treaty, and shall be submitted to the two governments for approval; and the same shall be published within one year from the date of the exchange of the ratification of this treaty. And this tariff may be revised in the same way, in whole or upon any article or articles, at any time, upon the application of either' gervern- MADAGASCAR, 1881. 645 meat, should it be fouudfrated too Iiigbortoo ,low, iu whole or upon any one article or articles of merchant isoj C. In case any article of import or export should be inadvertently omitted from such tariff, the duty levied on such article buw „c ten per shall be ten per cent, ad valorem until the proper tariff on artlcieeoS'Sftom the same shall be agreed upon. . *"""'■ 7. United States citizens and proteges are not allowed to import mu- nitions of war into Madagascar, except on orders from Her toportaumofcer- . Majesty the Queen of Madagascar. . .triote"'°°° 8. In regard to alcoholic liquors, the Malagasy Government may regu- late the importation according to its pleasure; or prohibit the importation altogether; or limit the importion as re- quired; may levy as high a duty as it may see fit, or make it a misde- meanor to sell or give such liquors to certain classes of its subjects. 9. And should it be found at any time that any other articles of an injurious nature, tending to the injury of the health or i^^oTM\onorm- morals of Her Majesty's subjects, are being imported, Her j""""' >"''>«»• Majesty's Government shall have the right to control, restrict or pro- hibit the importation in like manner, after giving due notice to the United States Government. 10. Prohibited from export by the laws of Madagascar are timber and cows. Timber, however, may be exported by Her Majesty prohibition of th. , , .^ /, T.V -1 "iiT o *J exportation of tim- the Queen of Madagascar, or by her order. berandcowe. 11. Ports of Madagascar, where there is no military station under the control of a governor duly appointed by Her Majesty the ^^^^^^ ^^^^ Queen of Madagascar, must not be entered by United States vessels for purposes of trade; should they do so, they will be treated as smugglers. . 12. AndHerMajesty'sGovernmentwillnotberesponsiblefordammage by robbery of, or other malfeasance to United States citizens Not responsible for or proteges in districts where there are no governors, nor f^^f,', 'g '°^\i;; other officers or soldiers duly appointed by Her Majesty's ^"'"«»- Government, should such United States citizens go into such districts without special permits. 13. Goods which have been duly entered and duties paid thereon at a regular port of entry, may be carried to other ports in United States coasting vessels and landed without further coa,t,nBvea>6i8. payment, on presentation of invoices of the same, duly certified by the chief collector of cusoms at the port of entry, showing that the duties have been paid. 14. Vessels entering Malagasy ports which are not ports of entry for the purpose of trade, will be'seized; the masters and crews pe„ai,yforTea»i. will be treated as smugglers, and the vessel and cargo will ^"'""eciosedports. he confiscated. 15. It is further agreed between the high contracting parties that the offering of a forged passport or one surreptitiously obtained, p„„aniei.t pam- for entry of goods at any of Her Majesty's ports, or being po'" and invoices. in any manner Itnowingly concerned in such fraudulent passports or invoices, either by making, or buying, or selling the same, or by offer- ing to enter goods by means of the same, shall be considered a felony, and the person or persons found guilty of such an offense, whether American or Malagasy, shall be punished by imprisonment or fine or both according to the aggravation of the offence, as hereinafter pro- vided by Article VI. ; and this in addition to the p^alty for smuggling wiheBfgoods have been smuggled, or attempt has been made to smug- gle, by means of such fraudulent passports or invoice. 646 TREATIES AND CONVENTIONS. 16. United States vessels of war sliall be permitted to enter freely into Vessels of »ar, the military ports, rivers, and. CFeeks situatcd in t]ie domiu- treatmentoc • i^jjg ^f jfgj. Majcsty the Queen of Madagascar, to make re- pairs and to provide themselves, at a fair and moderate price, such sup- plies, stores and provisions as they may from time to time need, includ- ing timber for necessary repairs, without payment of duty. 17. On account of Her Majesty the Queen of Madagascar's desire to , facilitate communications between the United States and Madagascar and thereby to advance commerce between the two countries, the United States Government and United States private steamship compa- coaiing station nics arc hcrcby grautcd the privilege to land and deposit privileges. ppg^j f^j, ^ljg ^gg gf Uultcd Statcs Govcmment and private steamers at Tamatave or Mqfanga, or both, on land designated by the governor for that purpose, and to take the same away again from time to time for the use of such steamers, without payment of duties or har- bor charges of any kind; but a nominal rent of five cents a ton shall be paid per annum as rent for the land on which it may be stored. This privilege shall continue until coal of Madagascar production in sufficient Traffic in coal Quantity for such steamers can be bought. But should any ra cineoa. ^^ ^^^ vcsscls bringing such coal, or any of the steamers taking the same away, bring goods to sell at such port, or; take goods from the same, such vessel must pay the same duty and harbor charges as other merchant vessels except on the coal. And should any of such coal be sold in Madagascar, duty must be paid on the quantity so sold. Article V. 1. The contracting parties may appoint consular officers of any or of Bights of consular ^11 gradcs to rcsldc in the dominions of the other, and such officers. consular officers shall be granted all the rights and privi- leges granted to functionaries of like grades of the most favored nation, as witnesses of the good relations existing between the two nations, and to regulate and protect commerce. 2. The President of the United States of America may send a diplo- ' KiBhta of dipio- uiatic officer of any grade to reside in Madagascar who shall matic officer. eujoy thc rfghts and privileges provided by international law for his grade. 3. The Queen of Madagascar shall have the like privilege of sending a diplomatic officer of any grade to the United States of America, and he shall enjoy there likewise all the rights ahd privileges of his grade established by international Jaw. Article VI. 1. Citizens and proteges of the United States of America, who enter Laws of trade and Madagascar, and subjects of Her Majesty the Queen of commerce, Madagascar, while sojourning in the United States of Amei?' ica, are subject to the laws of trade and commerce in the respective countries. 2. In regard to civil rights, whether'of person or property, of citizens ciTii rights, dis- and proteges of the United States of America, where dis- putes and crimes. , p^j^gs Or differenccs shall arise between them, or in cases of criminal offences committed by them upon each other, they shall be under the exclusive civil and criminal jurisdiction of their own consuls, duly invested with the necessary powers. '■' ' '■ MADAGASCAR, 1881. 647 3. Neither shall the Malagasy authorities interfere in differences or disputes between United States citizens and proteges and Dinerencesa»ddi.- the citizens or subjects of any third power in Madagascar. """='■ 4. But the Malagasy police may, whenever a United States citizen or protege shall be discovered in the act of committing a crime Arrests for crimes, against any person, of whatever nationality, or breach of '"• the peace in any manner, whether by making unlawful disturbance in the streets and public places, or in any manner breaking the published laws of Madagascar, arrest such offender without process and take him immediately before the proper United States consular officer, who will take such action in the case as the circumstances, the laws of the two countries, and the stipulations of this treaty require. 5. The Malagasy Government will suppi§f to each United States con- sular officer residing in Madagascar, within six mouths after l.„,, i^„^ the exchange of the ratification of this treaty, one or more uM s'/m 'co°i printed copies of all laws, decrees, or customs having the ="'"■ force of law which affect in any way, directly or indirectly, foreigners sojourning in Madagascar, in their rights and privileges, either of per- son or property, for the information of United States citizens sojourning in Madagascar. 6. And in like manner, whenever any change shall be made in such laws or decrees, or new ones be promulgated, touching the interests of such persons, a like printed copy of the same coSs°of°<:haS shall be furnished to each said United States consular offi- '° '""'■■""■ cers, at least one month before such change, or new law, or decree shall take effect ; and when any such change, or new law, or decree, touches or changes the regulations of the custom-house, or duties to be paid, or the laws in regard to exports and imports, the said copies of such new laws and decrees shall be so furnished at least six months before taking effect against United States citizens. 7. All disputes and differences arising between citizens and proteges of the United States of America and subjects of Madagas- car, and all criminal offences committed by such citizens and ti.e t%\ oTdSuteS proteges against said subjects of Madagascar, and all crim- ''°'^'''""™'^°- inal offences committed by the subjects of Maidagascar against the citi- zens and proteges of the United States of America, as well as all in- Mngement of the laws of Madagascar by the United States citizens and proteges, shall be investigated, tried, and adjudged by "mixed courts," "as follows : 8. The chief United States diplomatic officer, when there shall be one in Madagascar, or when there is no such officer residing in Mued superior the kingdom, the chief or senior United States consular offi- '°°" cer, and a Malagasy officer, duly appointed by her Majesty the Queen of Madagascar for that purpose, shall constitute a "mixed superior court," which shall be "a court of record," and may hold its sittings at Antananarivo, the capital of Madagascar, or at Tamatave, according as the circumstances of the business of the court may require. 9. This superior court shall have both original and appellate juris- diction; that is, actions may be commenced and decided in it, and it may also try cases appealed from the inferior courts herein provided for, as follows: 10. There shall be one inferior mixed court in each United States con- sular and each United States consular agent's district in , ^-^^^^ inferior Madagascar. Suchcourtsshallconsistof the United States ''°"'"- consular officer of the district and a Malagasy officer appointed by Her Majesty's Government for the purpose, for each district. 648 TREATIES AND CONVENTIONS. 11. The inferior courts shall ihav© original* jurisdiction of civil cases Jurisdiction where the sum olaimed does not exceed five hundred dollars ($500) or imprisonnaent for more than one year, or both, as will be more fully explained in the ''Code of Eules" of proceedings for the mixed courts, hereinafter provided for. 12. Appeals from the superior mixed courts may be taken to either of Appeaii *^® ^^^ governments, at the option of the party appealing, in the manner provided in said " Code of Eules." 13. In the trial of actions in these courts, the native judge shall pre- ^ .^j^ side and have the prevailing voice in the decisions when United States citizens or proteges are the plaintiffs, and vice versa when they are defendants, that is, when subjects of the Queen are the plaintiffs the United Sfjfces (consular or diplomatic) officer, as the case may be, shall preside anid have the prevailing voice in the decisions. 14. Bitt the presiding judge shall in every case counsel with and give due weight to the opinions of the associate iudge before Presiding judge. .,',.. -^ u o giving decisions. 15. It is agreed by the high contracting parties that any attempt to Bribery anj cor- influencc thc dccision of these judges, or any one of them, iti ruption. a, (.a,se on trial, or to be decided by them, except by argu- ments in open court, shall be considered a misdemeanor; and that the offering a bribe to any one of them in money or other object of value or favor, for the purpose of influencing his decision, shall be considered a felony, and that the person proved guilty of either of these offences shall be punished by the government te which he belongs, according to the penait gradc of his crime. And if it shall be proved that a judge penaty. of thcsB courts, of clthcr nationality, shall have received a bribe to influence his decision in any case, he shall be dismissed from his ofSce of judge, and otherwise punished according to the laws of his own nation for such malfeasance. 16. It is further agreed that within six months after the exchange of the ratification of this treaty, that the chief diplomatic or consular offi- cer of the United States, who shall be at the time residing in Mada- gascar, and one or more officers to be selected by Her Majesty's Gov- code of ruicB for ernmcut, shall meet and together draw up a " Code oi" Eules" mixed court.. of procecdings for these mixed courts, which code, when so drawn and signed by said officers, shall be forwarded by them to their respective governments for approval; and when approved by both gov- ernments shall be considered a part of this treaty, duly ratified as such. And this treaty, including said code of rules, together with international law, and the laws of the United States of America and of Madagascar, in so far as the latter can be made to harmonize, shall govern proceed- ings in these courts. 17. It is agreed that the said "Code of Eules" shall follow, in so far Scope of code oi ^s thc laws and present status of things in Madagascar will '°'"- admit, the rules of proceedings in United States consular courts in Madagascar; that all attestations in the proceedings shall be made under the judicial oath or affirmation of civilized nations; and that the said code of rules shall define how actions shall be commenced and be conducted, the grades of offences and their punishments, under what circumstances arrests may be made, and the amount and manner of bail to be taken, the disposition to be made of fines collected, when, how, and to whom appeals may be taken, and all other matters neces- sary for the intelligent working of such courts. And shall also contain forms for writs and other processes, and a tariff" of fees. > ■ /"j i MADAGASCAR, 1881. 649 18. lu all cases of arrest permitted, by this treaty now, and to be pro- vided for by the "Code of Eules," the prisoners shall be, TreatmontorpriB- during their detention, treated with all the humanity con- """^ sonant with the laws of civilized nations. Her Majesty's Government will see that they are supplied with wholesome food and drink in suffi- cient quantity, and detained in healthy quarters, and that they are brought to trial in the shortest time possible consonant with the con- venience of the prisoner. 19. In cases of arrest of American citizens or proteges in the absence of a United States consular officer, or where no such officer • t 1-1 n .. . n' . •■■■-■• t».-« Arrest of American resides, the authority causing the arrest shall immediately "t'^sM during con inform the nearest United States consular officer of the fact °"'''"'"™°''- and of the circumstance of the case, and also cause the prisoner to be taken as soon as possible before the mixed court of which that nearest consular officer is a judge. 20. It shall be the duty of the court to encourage the settlement of controversies of a civil character by mutual agreement, or settlement of co„. to submit the same to the decision of referees agreed upon '""="«». ="• by the parties. And in criminal cases, which are not of a heinous char- acter, it shall be lawful for the parties aggrieved or concerned therein, with the assent of the court, to adjust the same among themselves upon pecuniary or other considerations. 21. Her Majesty's Government will render all assistance in its power to United States citizens and proteges toward collecting collection ofcb™., their legal claims against Her Majesty's subjects; and Uni- ""• ted States consular officers will likewise render every assistance in col- lecting legal claims against United States citizens and proteges. 22. Whenever it is known, or there is reason to believe, that trans-, gressors against the laws, fugitives from justice, are on the • /» -f— I- ' I 1 c^i j_ •!_• if t Search for iiigitivea premises of United States citizens or proteges, such prem- from justice ami. toi- ises may be entered by the Malagasy police with the consent '" '™'"' of the occupants, or against their consent in company with a United States Consular officer, or with his written order. In case of absence of such United States officers, or in places where no such officers reside, the police may make such entry by the order of the local authority, to look for the offender or stolen property ; and the offender, if found, may be arrested, and all stolen property seized. 23. Murder and insurrection or rebellion against the Government of Madagascar with intent to subvert the same, shall be capital capital oa-ence,. offence, and not bailable; and when a United States citizen T™i,eic. shall be convicted by this court of either of those crimes he shall be banished the country and sent to the United States of America for a review of his trial and approval of his sentence and punishment. If a Malagasy subject be convicted by the court of the murder of a United States citizen or protegd he shall suffer such punishment as th^ Mala- gasy law awards for such crime when Her Majesty, the Queen of Mad- agascar, shall have approved the judgment of the court. 24. When a United States citizen shall have been convicted of sev- eral minor offences, showing him to be a turbulent and in-J^*-] Ttractable person, he shall, upon the request of the Govern- ''°"'""'- ment of Her Majesty the Queen, be banished the country. Article VII. ,1 I.. 1. No United States vessel shall have communication with the shore before receiving pratique from the local authorities of Mad- sanitarrreBuia- .agascar and producing a "bill of health" from the port ''""''• Minor offencea, 650 TREATIES AND CONVENTIONS. sailed from, signed by the Malagasy consul if there be one at that port; if none, then by the person duly authorized to give such bills of health. 2. Malagasy subjects shall not be permitted to embark on United Pass ort, states vessels without a passport from Her Majesty's Gov- """""■ crnment. 3. In cases of mutiny on United States merchant vessels, or in cases Mutiny and jejer- of dcsBrtion frovo. Uulted States national or private vessels, "™- the local authorities shall, on application, render all neces- sary assistance as far as is possible to the United States consular officer to bring back the deserter or to restore discipline on board merchant vessels. 4. When a United States consular ofilcer shall ask the local authori- ties to arrest a deserter from a vessel, the police shall be directed to do their utmost to arrest promptly such deserter in the district. And if the consular officer suggest any other places "where the deserter may have secreted himself, the authorities shall give a written notice to the governor of such district pointed out, who shall in his turn do his utmost to find and arrest the deserter. And the result of such efforts, whether successful or otherwise, shall be promptly re- ported to the governor, who shall report to the consular officer. 5. For the services required by this article for arresting desertfers, if Fees for arrest of such dcscrtcr bc arrcstcd, a fee of three dollars ($3) may deeertera. |jg cxactcd for each deserter arrested, and five cents per English mile for the distance actually travelled by the police, and also such necessary expenses as may be incurred for food, ferrying, and im- prisonment of the deserter. 6. And if discovered that such police did not do their utmost they y .i^ shall be punished by the governor; and if such police have Eerfo™T/^°''pe'i.° douo their utmost but without success, they will be none the less entitled to the expenses above stated, but not to the fee of three dollars (|3). Akticle VIII. 1. In case of a shipwreck of a United States vessel on the coast of Mad- agascar, or if any such vessel should be attacked or plun- shipwrecks. (jered in the waters of Madagascar, adjacent to any military station, the governor will do his utmost to urge the people to save life and to secure property and to restore it to the owners or to the United States consul, and if there be no consul nor owner in such district, an inventory of the goods rescued shall be made and the goods shall be delivered to the nearest United States consular officer, who shall give the governor a receipt for the same. 2. The governor of the district shall take the names of the people en- KescuB of lives g^gcd lu savlug such vessel, and designate those who rescue aad goods. lives and those who save goods. 3. And if such vessel be an abandoned one, then one-fourth of vessel Salvage. and goods may be claimed for salvage. 4. And if a vessel be in distress, and the captain or crew demand help, such help shall be rewarded at the rate of twenty-five' vessel m distress. ^^^^^ ^ ^^^ ^^^ soldlcrs aud laborcrs, and one dollar a day for officers who superintend such help. 5. And if any vessel be wrecked or in distress, and the captain or Fa.iare to ask a,- crcw do uot dcmaud assistance, being in a situation to do .ietaace. gQ^ ^ud consBqueutly the Malagasy do not save anything, the governor and people will not be responsible. MADAGASCAR, 1881. 651 G. However, in case the' captain or crew demand assistance, or are in a situation where making such a demand is impossible, and p^^j^^^^^^ f„^ it is known that the governor did not do his utmost to move nee\'4tS°m ca°B« the people to save such vessel and cargo, he shall be pun- °^'''""'"'°''- ished according to the laws of Madagascar. 7. The same protection shall be granted to Malagasy vessels attacked or plundered in the waters of the United States of Amer- ica. Article IX. Like protection to Malagaay Teasela. Goods landed in bond for reahipment. 1. American goods may be landed in bond to be resMp- ped to other ports without payment of duties, under the fol- lowing rules : 2. When it may be desired to so land goods to be reshipped to other ports, the owner of the goods, or the consignee, or master i„,„ies „f j<,„a, of the vessel, as the case may be, shall present to the local '"'"'=''■ governor, or to the collector of customs, as the governor may direct, a correct invoice or manifest of the goods so landed, showing values by detail when there are goods of different kinds, or of different values, and quantities of each and the total value. 3. The Malagasy customs ofilcers shall verify by inspection the goods when landedwith. the invoice or manifest; then the owner, i„,pBctioi, or consignee, or master of the vessel, as the case maybe, shall ^'""'^' ^'""^■ execute a bond payable to the governor or ooUector of customs, as may be.directed by the local authority, conditioned to pay the established duties on such goods, or on such part of them as shall not have been reshipped within the period agreed upon, which period shall be men- tioned in the bond as the date of its maturity. Then such goods may be stored on the premises of their*owner or consignee, or in magazines rented by him for that purpose. 4. When he reships the goods, he will notify the party to whom this bond has been given to be present and again verify the goods With the invoice or manifest, when, if none are lacking, he or eoojs bond to b. will be entitled to the return of his bond, or if the goods or ""°™° ' any part of them are lacking, he must pay the duty established by Ar- ticle IV. on such as are not found and reshipped, which wiJl equally en- title him to receive back his bond. Article X. Her Majesty's Government desires the development of the dormant resources of the kingdom, and the advancement of all the j,^,^^^^^^^^^'^.^ useful mechanical and agricultural industries therein, and Jj^^^^^fl/H^"'"' thereby to promote the best interests of commerce and '"™" ™'"'' Christian civilization by adoption and application of such modern im- provements and appliances as shall be suitable for such purposes and best adapted to the condition of Madagascar, and for the best interests of Her Majesty's people; and toward the accomplishment of these ob- jects, should any United States citizens or proteges of good character, and possessing the requisite qualifications for the special business pro- posed, desire to engage in such industries in Madagascar by investment of capital or labor, or in teaching the people how to apply the modern improvements in the prosecution of the industries, their applications to the,gp;v:^rnment will bo favorably received, and their* propositions liber- ally entertained ; and if they and the government can agree upon terms, 652 TREATIES AND CONVENTIONS. they will be permitted to engage in such avocations by contracts, grants, commissions or salaries. Aeticle XI. 1. It is agreed between the high contracting parties that the levy Ta^ea to be recip- of taxcs OH Unitcd Statcs citizens, as hereinbefore provided roeaii exception, fjjj, conditionally in Article III., section 13, shall never be at a higher rate than shall be levied upon Her Majesty's subjects for the same purposes and upon like values, except, the special land tax here- inbefore provided for in Article III., section 12. 2. United States citizens and proteges shall not be deprived of any Most favored na- prfvilegcs rclinquishcd by this treaty unless the same re- ''''°- strictions be placed upon the citizens and subjects of all other foreign nations residing in Madagascar, but shall enjoy all the privileges that may be granted to the most favored nations. 3. And Her Majesty's subjects while sojourning in the United States of America shall enjoy all the privileges conceded by the United States Government to the citizens or subjects of the most favored nation. Article XII. 1. The above articles of treaty made in good faith shall be submitted to both the Government of the United States of America and Her Maje^y, the Queen of Madagascar, for ratification ; and such ratification be exchanged within one year from date of ratifi- cation at Antananarivo. 2. Should it at any future time seem desirable in the interests of either Alterations oftreat ^^ ^^^ contractlug partlcs to altcr or add to the present A terationso treaty. |.j,gjj^y.^ g^^jj^ altcrations Or addltioHS shall be effected with the consent of both parties. 3. Duplicate originals of this treaty, with corresponding text in the English and Malagasy languages, which shall be both of equal authority, have been signed and sealed at Antananarivo, Madagascar, on this thirteenth day of May (seventeenth of Alakaosy), one thousand eight hundred and eighty-one. [SEAL.] W. W. EOBINSON, United States Consul for Madagascar. [SEAL.] EAVONINAHITEINIAKIVO, 15th Honor Officer of the Palace, ■ Chief Secretary of State for Foreign Affairs. In the name of Her Majesty Eanavalomanjaka, Queen of Madagascar, and by Her Eoyal Command and authority, We, Her Majesty's duly empowered Ambassadors Plenipotentiary hereby ratify and confirm the within treaty and every part thereof. March twelfth, 1883. [SEAL.j EAVONINAHITEINIARIVO. * 15 vtra 0. 1). P. Chief Secretary of State for Foreign Affairs , Chief Ambassador of H. M. the Queen of Madagascar. Eamanieaka, 14 Ytra 0. JD. P. Member of the Privy Council, Ambassador of E. M. the Queen of Madagascar, ■r.w'^ MEOKLENBUEG-SOHWEEIN. 1847. DECLAEATION OF ACCESSION TO THE TREATY OF COMMERCE AND NAVIGATION WITH HANOVER OF IOth JUNE, 1846. Signed and exchanged at Schwerw December 9, 1847 ; proclaimed August 2, 1848. DECLARATION. Whereas a treaty of commerce and navigation between the United States of America and His Majesty the King of Hanover was concluded at Hanover on the tenth day of June, one thousand eight hundred and forty-six, by the Plenipotentiaries of the contracting parties, and was subsequently duly ratified on the part of both Governments; And whereas, by the. terms of the twelfth article of the same, the United States agree to extend all the advantages and privileges ■ con- tained in the stipulations of the said treaty to one or more of the other States of the Germanic Confederation which may wish to accede to them by means of an offlcial exchange of declarations, provided that such State or States shall confer similar favors upon the United States to those conferred by the Kingdom of Hanover, and observe and be subject to the same conditions, stipulations, and obligations: And whereas the Government of His Eoyal Highness the Grand Duke of Mecklenburg- Schwerin has signified its desire to accede to the said treaty, and to all the stipulations and provisions therein contained, as far as the same are or may be applicable to the two countries, and to become a party thereto, and has expressed its readiness to confer simi- lar favours upon the United States as an equivalent in all respects to those conferred by the Kingdom of Hanover; And whereas the Government of the Grand Duchy of Mecklenburg- Schwerin, in its anxiety to avoid the possibility of a misconception here- after of the nature and extent of the favours differing essentially from those of Hanover, which it consents to bestow upon, the United States, as well as for its own faithful observance of all the provisions of the said treaty, wishes the stipulations, conditions, and obligations imposed upon it, as also those which rest upon the United States, as explicitly stated, word for word, in the English and German languages, as contained in the following articles : Article I. The high contracting parties agree that whatever kind of produce' manufacture, or merchandise of any foreign country can be, ^o diBcriminition from time to time, lawfully imported into the United States inii^tie-onves^eis. in their own vessels, may also lie imported in the vessels of the Grand 653 654 TEEATIES AND CONVENTIONS. Duchy of Mecklenburg- Schwerin, and no higher or 6ther duties upon the tonnage or cargo of the vessel shall be levied or collected, whether the importation be made in a, vessel of the United States or in a vessel of Mecklenburg-Schwerin. And, in like manner, whatever kind of produce, manufacture, or mer- No diBcriminntion chaudise of auy foreign country can be, from time to time, mtonnaseduto. lawfuUy Importcd into the Grand Duchy of Mecklenburg- Schwerin, 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 No ■li.ciimmation its own vessels to any foreign country may in like manner nndto°umierorel'- b© Bxportcd Or rc-cxported in the vessels of the other; and porta «iid import., ^^^q ssjUxe dutlcs, bouutics, and drawbacks shall be collected and allowed, whether such exportation or re-exportation be made in vessels of the one party or the other. Not shall higher or other charges of any kind be imposed in the ports No discrimination of oue party ou vessels of the other than are or shall be inportchargea. payaWc lu thc samc ports by national vessels. Aeticlb II. The preceding article is not applicable to the coasting trade and nav- coasiin trado igs-tiou of tho Mgh coutracting parties, which are respect- coasiinBtrao. jyg|y. regervcd by each exclusively to its own subjects or citizens. Article III. No priority or preference shall be given by either of the contracting parties, nor by any company, corporation, or agent acting No discrimination '^,,.'1,1,"^ 3 il ■ ' S -j. •• J.^ T. J! n purchase of ,m- On their bchalf or under their authority, in the purchase ot ports on account of j.- i j? 1 j? n • / t x j? nationality of vessels auy ai'ticle of commercc lawfully imported on account oi or in reference to the national character of the vessel, whether it be of the one party or of the other in which such article was im- ported. Aetiole IV. The ancient and barbarous right to wrecks of the sea shall remain en- Shipwrecks tlrely abolished with respect to the property belonging to the subjects or citizens of the high contracting j)arties. 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 pav in a like case. If the operations of repair shall require that the whole or any part of Repairs of vessel. ^^^ cargo be unloadcd, they shall pay no duties of custom, epairso resse pjjg^pggg^ qj, £ggg q^ ^j^g p^j,j. ^jjjcji ^jjey shall rcload aud cahy away, except „such as are payable in the like case by national ves- sels. ) -',Hl'(,< It is nevertheless understood that if, whilst the vessel is under repair, the cargo shall be unladen, and kept in a Dlace of deposite destined to MECICLENBUEG-SCHWEEINj 1847. 655 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 warehouse. Akticle V. The privileges secured by the present treaty to the respective vessels of the high contracting parties shall only extend to such as are built within their respective territories, or lawfully con- prMeg'a''Tf"thif demned as prizes of 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 subjects or citizens. It is further stipulated that vessels of the Grand Duchy of Mecklen- burg-Schwerin may select their crews from any of the States of the Germanic Confederation, provided that the master of '^'"'°' each be a subject of the Grand Duchy of Mecklenburg-Schwerin. Article VI. No higher or other duties shall be imposed on the importation into the United States of any articles the growth, produce, or manufacture of the Grand Duchy of Mecklenburg-Schwerin """°'" or of its fisheries, and no higher or other duties shall be impiosed on the importation into the Grand Duchy of Mecklenburg-Schwerin of any ar- ticles the growth, produce, and manufacture of the United States and of their fisheries, than are or shall be payable on the like articles being the growth, produce, or manufacture of any other foreign country or of its fisheries. No higher or other duties and charges shall be imposed in the United States on the exportation of any articles to the Grand Duchy of Meck- lenburg-Schwerin, or in Mecklenburg-Schwerin on the exportation of any articles to the United States, than such as are or shall be payable on the exportation of the like articles to any other foreign country. No prohibition shall be imposed on the importation or exi)ortation of any articles the growth, produce, or manufacture of the Grand Duchy of Mecklenburg-Schwerin or of its fisheries, or of the United States or their fisheries, trom or to the ports of said Grand Duchy, or of the said United States, which shall not equally extend to all other Powers and States. ARTICLE VII. The high contracting parties engage mutually not to grant any par- ticular favour to other nations in respect of navigation and „„,( f„„jj „^. duties of customs, which shall not immediately become com- "'"■ mon.to the other party, who shall enjoy the same freely, if the conces- sion was freely made, or on allowing a compensation as near as possible, if the concession was conditioiial. Article VIII. In order to augment by all the means at its bestowal the commercial relations between the United States and Germany, the Grand Duchy of Mecklenburg-Schwerin agrees, subject to ton°^^i"i^l,i''a, the reservation in article eleventh, to abolish the import '""''■ duty on Taw cotton and paddy, or rice in the husk, the produce of the United States; to levy no higher import duty upon leaves, stems, or strips of tobacco, imported in hogsheads or casks, than one j^p^, j„,y „„ thaler and two schillings for one hundred pounds, Hamburg '='"""■ *='^- weight, (equal to seventy cents United States currency and weight;) to 656 TEEATIES AND CONVENTIONS. lay no higher import duty upon rice imported in tierces or half tierces than twenty-five schillings for one hundred pounds, Hamburg weight, (equal to thirty-seven and a half cents United States currency and weight;) to lay no higher duty upon whale-oil, imported in casks or barrels, than twelve and a half schillings per hundred pounds, Ham- burg weight, (equal to eighteen and three-quarters cents United States currency and weight.) The Grand Duchy of Mecklenburg-Schwerin further agrees to levy no higher transit duty on the aforementioned articles in Transit duty. timij. movcment on the Berlin -Hamburg railroad than two schillings per hundred pounds, Hamburg weight, (equal to three cents United States currency and weight,) and to levy no transit duty on the above-mentioned articles when conveyed through the ports of the country. It is understood, however, that nothing herein contained shall prohibit the levying of a duty sufficient for control, which in no instance shall exceed on the two articles imported duty-free or those on transit one schilling per hundred pounds, Hamburg weight, (equal to one cent and a half United States currency and weight.) Aeticle IX. The high contracting parties grant to each other the liberty of having. Liberty to appoint cach in thc ports of the other, Consuls, Vice-Oonsuls, Com- conB»is. mercial Agents, and Vice-Commercial Agents of their own appointment, who shall enjoy the same privileges and powers as those of the most favoured nations j 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 Consuls, Vice-Coiisuls, Commercial and Vice-Commercial Agents shall have the right, as such, to sit as judges and arbitrators pinfs'bSw°em mm- in such dift'crences as may arise between the masters and ter., and crews. crcws of thc vcsscl bclonging to the nation whose interests are committed to their charge without the interference of the local au- thorities, unless the conduct of the crews or of the captain should dis- turb the order or tranquillity of the country or the said Consuls, Vice- Consuls, Commercial Agents, or Vice-Commereial Agents should require their assistance to cause their decisions to be carried into effect or sup- ported. 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, Commercial Agents, and Vice-Com- mercial Agents are authorized to require the assistance of Deserters. ^-^^ j^^^j authoritics 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 to the competent tribunals, judges, and officers, and shall, in writing, demand said de- serters, proving, by the exhibition of the registers of the vessels, the muster-rolls of the crews,' or by any other official documents, that suchi» individuals formed part of the crews ; and on this claim being thus sub- stantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls,Vice-Consuls, Commercial Agents, or Vice-Commercial Agents, and may be confined in the public prisons at the request and cest^of those who shall claim them, in order to be sent to the vessels to which MECKLENBURG-SCHWERIN, 1847. 657 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 its sentence and such sentence shall have been carried into effect. Aeticle X. The subjects and citizeus of the high contracting parties shall be per- mitted to sojourn and reside in all parts whatsoever of the said territories, in order to attend to their affairs, and also 7.™of'on6'iiation'''n to hire and occupy houses and warehouses for the purpose otheJ°™&ea.y 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 terri- tories subject to the jurisdiction of each party, as well in respect to the consignment and sale of their goods, by wholesale or retail, as with re- spect to the loading, unloading, and sending off their ships, or to employ such agents and brokers as they may deem proper, they being in ail these cases to be treated as the citizens or subjects of the country in which they reside ; it being nevertheless understood that they shall re- main subject to the said laws and regulations also in respect to sales by wholesale or retail. They shall have free access to the tribunals of justice in their litigious affairs on the same terms which are granted by the law and usage of country to native citizens or subjects, for which purpose they may em- ploy, in defence of their rights, ^uch advocates, attorneys, and other agents as they may judge proper. The citizens or subjects of each party shall have power to dispose of their personal property within the jurisdiction of the other by sale, dona- tion, testament, or otherwise. 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 duty only as the inhabitants of the country wherein the said personal property is situated shall be subject to pay in like cases. In the case of the absence of the personal pro5„tyof.b.e„t representatives, the same care shall be taken of the said ■"'"• property as would be taken of a 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 thenoi the said property belongs, the same shall be finally decided by the laws and judges of the country wherein it is situated. 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 capitals and effects which the citizens or subjects of the re- spective parties, in changing their residence, shall be desirous of re. 3769 TE 42 658 TREATIES AND CONVENTIONS. moving from the place of their domicil, shall likewise be exempt from all duties of detraction or emigration on the part of their respective Governments. ' Article XI. The present treaty shall continue in force until the tenth of June, one thousand eight hundred and fifty-eight, and further until Duration of treaty. ^-^^ ^^^ of twelve months aftcr the Government gf Mecklen- burg-Schwerin on the one part, or that of the United States on the other part, shall have given notice of its intention of termiiiating the same, but upon the condition hereby expressly stipulated and agreed, that if the Grand Duchy of Mecklenburg-Schwerin shall deem it expedient, or find it compulsory, during the said terra, to levy a duty on paddy, or rice in the husk, or augment the duties upon leaves, strips, or stems of tobacco, on whale-oU and rice, mentioned in Article VIIl (eight) of the present treaty, the Government of Mecklenburg-Schwerin shall give notice of one year to the Government of the United States before pro- ceeding to do so ; and, at the expiration of that year, or any time sub- sequently, the Government of the United States shall have foil power and right to abrogate the present treaty, by giving a previous notice of six months to the Government of Mecklenburg-Schwerin, 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. Now, therefore, the undersigned, L. de Lutzow, President of the Privy Council and First Minister of His Royal Highness, on the jjart of Meck- lenburg-Schwerin, and A. Dudley Mann, Special Agent, on the part of the United States, invested with full powers to this effect, found in good and due form, have this day signed in triplicate, and have exchanged this declaration. The effect of this agreement is hereby declared to be to establish the aforesaid treaty between the high parties to this decla- ration as fully and perfectly, to all intents and purposes, as if all the provisions therein contained, in the manner as they are above explicitly stated, had been agreed to in a separate treaty, concluded and ratified between them in the ordinary form. In witness whereof the above-named Plenipotentiaries have hereto afiBxed their names and seals. Done at Schwerin this 9th (ninth) day of December, 1847. SEAL.] A. Dudley Mann. SEAL.] 'L. OP LXJTZOW. 1853. DECLARATION OF ACCESSION* TO THE CONVENTION FOE THE EXTRADI- TION OF CRIMINALS, FUGITIVE FROM JUSTICE, OF JUNE 16, 1852, BETWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION, AND TO ADDITIONAL ARTICIvE THERETO OF NOVEMBER 16, 1852. 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, * Translation. MECKLENBUEG-SCHWEEIN, 1853. 659 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 aforesaiid treaty shall be applicable to every other State of the Germanic Confederation which shall have sub- sequently declared its accession to the treaty : Now, there- fore, in accordance there withj_ the Government of His Royal bewee»''the°Sed Highness the Grand Duke of Mecklenburg-Schwerin hereby |gS "codldT"' declares, through the undersigned Grand Ducal Minister of Foreign Affairs, its accession to the aforesaid treaty of June 16th, 1852, Avhich is, word for word, as follows : [l?he 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 Grand Duchy 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 afftxed. Done at Schwerin, November 26th, 1653. [SEAL.] GK. v. BuLOW, Grand DikoI Minister of Foreign Affairs of MecMenburg-Schwerin. MEOKLENBURG-STRELITZ 1853. DECLARATION OP ACCESSION* TO THE CONVENTION FOE THE EXTRADI- TION OF CRIMINALS, FUGITIVE FROM JUSTICE, OF JUNE 16, 1852, BE- TWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION. Bated 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 Americaon the other, under date of Junel 6th, 1852, at Washington, by the Plenipotentiaries of the contracting parties, and has been ratified by the contracting Governments; and whereas, in the second articleof the same, the United States of North America have declared that they agree that Extradition treaty thc stipulations of thc aforcsald treaty shall be applicable to Ss™ dGer'iJw.S every other State of the Germanic (Confederation which shall states acceded to. jjave subscqucntly declared its accession to the treaty : Now, therefore, in accordance therewith, the Government of His Eoyal High- ness the Grand Duke of Mecklenburg-Strelitz, hereby declares its acces- sion 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 tha territory of the Grand Duchy of Mecklenburg-Strelitz. In testimony whereof the undersigned Grand Ducal Minister of State, in the name of His Eoyal 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. V. KANDOEFF, Grand Ducal 3Iinister of State. Deischow. * Translation. 660 MEXICO. 1828.* TEiEATY OF LIMITS. Concluded January 12, 1828; ratifications exclianged at WasMngton April 5, 1832; proclaimed April 5, 1832. The limits of the United States of America with the bordering terri- tories of Mexico having been fixed and designated by a solemn treaty, concluded and signed at Washington on the twenty-second day of Feb- ruary, in the year of our Lord one thousand eight hundred and nine- teen, between the respective Plenipotentiaries of the Government of the United States of America on the one part, and of that of Spain on the other; and whereas the said treaty having been sanctioned at a period when Mexico constituted a part of the Spanish monarchy, it is deemed necessary now to confirm the validity of the aforesaid treaty of limits, regarding it as still in force and binding between the United States of America and the United Mexican States: With this intention, the President of the United States of America has appointed Joel Eoberts Poinsett their Plenipotentiary, and the President of the United Mexican States their Ex- "egotiatora. cellencies Sebastian Camacho and Jos6 Ygnacio Esteva; And the said Plenipotentiaries, having exchanged their fall powers, have agreed upon and concluded the following articles : Article I. The dividing limits of the respective bordering territories of the [Jnited States of America and of the United Mexican States ^^^^^^^^^^ being the same as were agreed and fixed upon by the above- ''°''° "'' mentioned treaty of Washington, concluded and signed on the twenty- second day of February, in the year one thousand eight hundred and nineteen, the two high contracting parties will proceed forthwith to carry into full effect the third and fourth articles of said treaty, which are herein recited, as follows : ' AUTICLE II. The boundary line between the two countries west of the Mississippi shall begin on the Gulf of Mexico, at the mouth of the river Sabine, in the sea, continuing north along the western bank boundary ime. of that river to the thirty-second degree of latitude; thence by a line due * See notes: "Abrogated, suspended, or obsolete treaties." 6C1 662 TREATIES AND CONVENTIONS. north to the degrise of latitude where it strilics the Kio Eoxo of Natchi- toches, or Eed Eiver ; then following the course of the Eio Eoxo westward to the degree of longitude one hundred west from London and twenty- three from Washington; then crossing the said Eed Eiver, and running thence by a line due north to the river Arkansas; thence, following the Course of the southern bank of the Arkansas, to its source, in latitude forty- two north; and thence, by that parallel of latitude, to the South Sea: the whole being as laid down InMelish's map of the TJnited States, published at Philadelphia, improved tothe first of January, one thousand eight hun- dred eighteen. But if the source of the Arkansas Eiver shall be found to fall north or south of latitude forty-two, 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 forty-two, and thence, along the said parallel, to the South Sea, all the islands in the Sabine, and the said Eed and isiBiids in the sa. Arkansas Eivers, throughout the course thus described, to bine, it. belong to the TJnited States of America; but the use of the waters and the navigation of the Sabine to the sea, and of the said rivers Eoxo 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 TJnited 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 TJnited 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. Aeticle 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 I^atchitoches, on the Eed Eiver, and proceed to run 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 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 ; 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 respecting the necessary articles to be furnished to those persons, and also as to their respective escorts, should such be deemed necessarj^. Article IV. The present treaty shall be ratified, and the ratifications shall be ex- „ „ . changed at "Washington, within the term of four months, or sooner if possible. In witness whereof we, the respective Plenipotentiaries, have signed the same and have hereunto afiSxed our respective seals. MEXICO, 1831. QGB 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. SEAL,] J. E. Poinsett. SEAX,.] S. OAMACHO. SEAL. J. Y. BSTEVA. 1831. ADDITIONAL AETICLE TO THE TREATY OP LIMITS PEOVIDING FOR THE EXCHANGE OF THE RATIFICATIONS OF JANUARY 12, 1828. Gmcluded April 5, 1831; ratifications exchanged at Washington April 5, 1832; proclaimed April 5, 1832. The time having elapsed which was stipulated for the exchange of ratifications of the treaty of limits between the United States Treaty or jamw of America and the United Mexican States, signed in Mex- "*■ '*^^- ico on the twelfth day of January, one thousand eight hundred and twenty-eight, and both Eepublics 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 empowered, 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 Eela- tions, and Eafael 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 .he 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 Consti- tutions 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. SEAL. SEAL. SEAL. A. BUTLEK. LxJCAs Alaman. Eafael Mangino. 664 TREATIES AND CONVENTIONS. 1831.* TREATY OF AMITY, COMMERCE, AND NAVIGATION. Concluded April 5, 1831; ratifications exchanged at Washington 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 Eepublics, 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 Ke otiator, Statcs of Ameoca 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 full powers ; and the Vice-President of the United Mexican States, in the exercise of the executive power, having conferred like full powers on His Excel- lency 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 : Aetiole I. There shall be a firm, inviolable, and universal iieace and a true and Declaration o( am- siuccre frieudsMp between the United States of America '"'• and the United Mexican States in all the extent of their pos- sessions and territories, and between their people and citizens respect- ively, without distinction of persons or places. Article II. The United States of America and the United Mexican States, design- Most favored na- iDg to tafcc for thc basls of their agreement the most perfect. "°°- equality and reciprocity, 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 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 Entry into ports. ^^ ^^^ svLch placcs, ports, aud rivers of the United States of 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 and 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 tbe most favored nations are or may be obliged' *See notes: "Arogated, suspended, or obsolete treaties." MEXICO, 1831. 665 to pay ; and shall enjoy all tbe 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 to authorize the coastinstrad. coasting trade, which is permitted to national vessels only. °"""«"» '■ Aetiole IV. Fo higher or other duties shall be imposed on the importation into the United Mexican States of any article, the produce, growth, ^o jiacrimmatmg or manufacture of the United States of America, than those JS°J°i?tr°oTlm- which the same or like articles, the produce, growth, or man- ■""" ufacture of any other foreign country do now or may hereafter pay; nor shall articles, the produce, growth, or manufacture of the United Mex- ican 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 exportation of any article to the States of the other con- ^o dwcriminiition tracting party, than those which are now or may hereafter " "'"'" ''""='■ be paid on the exportation of the like articles to any other foreign coun- try; nor shall any prohibition be established on the exportation or im- portation 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. Aeticle V. No higher or other duties or charges on account of tonnage, light or harbour dues, pilotage, salvage in case of damage or ship- ^o d,»crirainatio„ wreck, or any other local charges, shall be imposed in any '"'"""'"BBduM. 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. Aeticle VI. The same duties shall be paid on the importation into the United Mexican States, of any article, the growth, produce, or ^o discrimmation manufacture of the United States of America, whether such L°d°bou4""on "- importation shall be in Mexican vessels or in vessels of the """ "^ '""'°"'- United States of America ; and the same duties shall be paid on the importation 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 ves- sels. The same duties shall be paid and the same bounties and draw- backs allowed on the exportation to Mexico of any articles, the growth, produce, or manufacture of the United States of America, whether such exportation 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, produce, or manufacture of Mexico to the United States of America, QGG TEEATIES AND CONVENTIONS. whether such exportation shall be in vessels of the United States of America or in Mexican vessels. Aehclb VII. All merchants, captains, or commanders of vessels, and other citizens Privileges of dti. ^^ ^^^ TJnited States of America, shall have fall liberty in zens'ofone'naiioni'n "the United Mexlcau States to direct or manage themselves the territory of the ,-.. /v». , .,,-i , ,t « fa'';r'° ''"*'°='» "■■■ their own attairs, or to commit them to the management of whomsoever they may think proper, either as broker, factor, agent, or interpreter ; nor shall they bo obliged to employ for the afore- said purposes any other persons than those employed by Mexicans, nor to pay them higher salaries or remuneration than such as are in like cases paid by Mexicans ; 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 Mexi- can 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, Embargo, detention. '^j»i Sii- ji_o -i-j. ' Tf o or eflects, 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 Military ,er,ic5, compulsory scrvlce in the army or navy; nor shall they be loans and taxes. subjcctcd to auy othcr charges, or contributions, or taxes 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 Citizens seeiin ^o^*'®*! ^9 s^®^ rcfugc Or asylum in the rivers, bays, ports, rorage'in harbors™ Or dominious of the other with their vessels, whether mer- eertam causes. (jj^ant Qr of War, pubHc 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 th'e 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 Deliver of yes ^^ ^^^ coutractiug partlcs, which may be captured by seisVa'pTur^/^by plrates, whcthcr within the limits of its jurisdiction, or on '"""°°' the high seas, and may be carried into or found in the rivers, 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- MEXICO, 1831. 667 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 Government^. Article XII. When any vessel belonging to the citizens of either of the contract- ing parties shall be wrecked, foundered, or shall suffer any g^, ^^^^^^ 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, if necessary, of its merchandise and eii'ects, 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, In whatever relates to the succession of [personal] estates, either by will or ab intestato [and the rights of] disposal of such prop- succession to p»r- erty, of whatever sort or denomination it may be, by sale, «>"«>=='»"'• donation, exchange, or testament, or 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 terri- tories they may reside. Article XIV. Both the contracting parties promise and engage to give their special protection to the persons and property of the citizens of each p„tecuon « per- other, of all occupations, who may be in their territories, sub- """ ""■' ""'"<■'■ ject 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 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 the citizens of either party, or their agents, shall enjoy, in every respect, the same rights and privileges, either in prosecuting of 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 Mexican States shall enjoy in their houses, persons, and prop- sec<,ntr «s to re. erties the protection of the Government, with the most per- '*""• feet 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 668 TREATIES AND CONVENTIONS. (lead in i)laces wLicli now arc, or may hereafter be assigned for that purpose; nor shall the funerals or sepulchres of the dead be disturbed in a,ny 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 Security to Teasel, ^^i*! of ths Uultcd Mcxican States, respectively, to sail with wStji'^^ndrrom" thclr vcsscls wlth all manner of security and liberty, no dis- tinction being made who are the owners of the merchandise 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 and merchandise, jaefore 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 the same Government or under several ; and it is hereby stipulated that free ships Free ships, free shsll also givo frccdom to goods; and that everything shall good, ami person,, ^jg decmcd frce aud exempt which shall be found on board 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 paxty, 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. 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 contracting 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 Governments acknowl- edge this principle, and not of others. Article XVII. It is likewise agreed that in the case where the neutral flag of one of Where neutral flag ^^^ contractiug partics shall protect the property of the protects' fuVmy'S encmics of the other, by virtue of the above stipulation, it properur. shall bc always understood that the neutral property founft 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 wa,s 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. MEXICO, 1831. 669 Article XVIII. This liberty of commerce and navigation shall extend to all 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 ; first, cannons, mor- tars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberts, and grauades, 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 j fourthly, 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. Akticle XIX. All other merchandise and things not comprehended in the articles of contraband expressly enumerated and classified as above, shall be held and considered as free and subjects of free and """cude. 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 that particular, it is declared that those places only are besieged or blockaded which are actually be- sieged or blockaded by a belligerent force- capable of preventing the entry of the neutral. Aeticlb XX. The articles of contraband before enumerated and classified, which may be found in a vessel bound for an enemy's port, shall contraband uahie be subject to detention and confliscation, leaving free the «'"<>"''s'=^"™- rest of the cargo and the vessel, that the owners may dispose of them as they see proper. 2^o vessels 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 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 XXI. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same t - . , o_ ^c ■,1-1 . j_ T -J • 1 j_T _L Notice of blockude. IS besieged, blockaded, or invested, it is agreed that every vessel so situated 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 force, she should again attempt to enter the aforesaid port ; but she shall be permitted to go to any Ojtljer port or place she may think proper. Nor shall aaiy vessel^o^ ^ither 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 670 TREATIES AND CONVENTIONS. 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. AUTICIiE XXII. In order to prevent all kinds of disorder in the visiting and examina- j!i»mmatioii o f tiou of tho vcssels and cargoes of both the contracting par- Te=,ei.at»ea. ^jgg qq ^jjg jjjg]j gg^g, thcy havc Hgrecd, mutuallj, that, whenever a vessel of war, public or private, should meet with a neutral 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 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 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 accus- tomed form; without which requisites the 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 to the satisfaction of the competent tribunal. Article XXIV. It is further agreed, that the stipulations above expressed, relative to VMseis under con. th© visltlug aud cxamination of vessels, shall apply only to ""'■ those which sail without convoy; and when said vessels are 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 Ijort 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 conducted, prizBcourtH. ^^^y^ ^j^^^^ ^^-^^ coguizancc of them. And whenever such tribunal of either Dartv shall nronounce iudffment asainst any. vessel, MEXICO, 1831. 671 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, 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. Article XXVI. For the greater security of the intercourse between the citizens of the United States of America and of the United Mexican i„thee,entofwar States, it is agreed, now for then, that if there should be at '■""o^-i the parties. 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, to arrange their busi- ness, dispose of their eftiects, 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 ter- ritories aforesaid, exercising any other occupation or trade, shall be per- mitted to remain' in the uninterrupted enjoyment of their liberty and property, so long as they conduct themselves peaceably, and do not com- mit any offence against the laws; and their goods and effects, of what- ever class and condition they may be, shall not be subject to any em- bargo or sequestration whatever, nor to any charge nor tax other than may be established upon similar goods and effects belonging to the citi- zens 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 in relation to their public communications and oflcial inter- Mmiiteraandmb. 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 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 rights, 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 * TWs article was abrogated by the 2d article of the treaty of December 30, 1853. 672 TREATIES AND CONVENTIONS. immunities of the Consuls and Vice-Oonsuls 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. Aktiole XXIX. It is likewise agreed that the Consuls, Vice-Consuls, their secretaries, ofilcers 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 compulsory public service, and also from all kinds 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 States. The archives and papers of the consulates shall be respected Consular archives. ••111 t-i .j-ij' iii • inviolably, and under no pretext whatever shall any magis- trate 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 Deserters 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 Consular conven- navigatiou, thc two coutractiug parties do hereby agree, as i'""- 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, of determining on the route and establishing the roads by which such cbmmerce 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- MEXICO, 1831. 673 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. Article XXXIII. It is likewise agreed that the two contracting parties shall, by all the means in their power, maintain peace and harmony among j^ji^^^^,,;,;,,^, the several Indian nations 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 in the event of any person of persons, captured by the Indians who inhabit the territory of either of the contracting par- p,i„„e„n,adeby ties, being 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 mean time, shall be treated with the utmost hospitality by the local authorities of the place where they may be. 'Not shall it be lawful, under any pretext whatever, for the citizens of either of the contracting 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 ""'"""""'''""y- 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 3769 TR 43 674 TREATIES AND CONVENTIONS. 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 citizens 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 oifender, or sanction such violation. Thirdly. If (what indeed cannot be expected) any of the articles con- Dem.i.d of satis ^^^°^<1 ^^ ^^^ prcscut treaty shall be viola;ted or infracted in fto4?'"> Vecsde any manner whatever, it is stipulated that neither of the contracting parties will order or authorize any acts of re- prisal, 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 conta/ined 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- lutuications pFOvcd aud ratified by the President of the United States of t cations. 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 approbation of the Congress thereof; and the ratifica- tions shall be exchanged 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'^^n 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. SEAL. SEAL. SEAL. A. BUTLBB. Lucas Alaman. Eapael Mangino. ADDITIONAL AETICLB. Whereas, in the present state of the Mexican shipping, it would not Fifth and Bijth ar- ^^ possiWc for Mcxlco to receive the full advantage of the tides snspendsd. pcciprocity cstablishcd 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 Substitute ^^^^ thereof, it is hereby agreed, that, until the expiration u st.tute. ^^ ^^^ ^^.^ term of six years, American vessels entering into the ports of Mexico, and all articles the produce, growth, or manufacture 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 manu- facture 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 Mexi- can States, imported in such vessels, shall pay no other or higher duties MEXICO, 1835. 675 than are, or may hereafter be, payable ia 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, pro- duce, 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_ for- eign country. The present additional article shall have the same force and value as if it had been inserted, word for word, in the treaty signed this day. It shall be ratified, and the ratification [shall be] 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 hundred and thirty-one. SBAL.l SEAL.' SEAL.' A. BUTLEK. Lucas Alaman. Eafael Mangino. 1835. * SECOND additional ARTICLE TO TREATY OP LIMITS OF JANUARY 12, 1828. Conchided April 3, 1835 ; ratifications exchanged at Washington April 20, 1836; proclaimed 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 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 Eed Eiver, and proceed to run and mark 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 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 Eepublics being desirous that the said treaty should be car- * See notes: "Abrogated, suspended, or obsolete treaties." 676 TREATIES AND CONVENTIONS. ried into effect with all due solemnity, the President of the United Nesotiator.. States of Ameiica has for that purpose fully empowered on ' °'°""°"' his part Anthony Butler, a citizen thereof and Charg6 d'Af- faires of said States in Mexico, and the acting President of the United Mexican States having in like manner fully empowered on his part their Exc^lencies Jos6 Maria Gutierrez de Estrada, Secretary of State for Home and Foreign Affairs, and Jos6 Mariano Blasco, Secretary of the Treasury; and the said Plenipotentiaries, after having mutually ex- changed their full powerS, 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 commiBsioneraand cxchango of thc ratihcations of this said additional article, surwora. thcrc shall bo 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 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 exchanged in Washington city on the 5th day of April, 1832. And the present ad- ditional article shall have the same force and effect as if it had been in- serted word for word in the above-mentioned treaty of the 12th of Janu- ary, 1828, and shall be approved and ratified in the manner prescribed by the Constitutions of the respective States. In faith of which the said Plenipotentiaries have hereunto set their hands and af&xed 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 fifteenth of that of the United Mexican States. SEAL. SEAL.' SEAL.' A. Btjtlee. J. M. GUTIEEKEZ DE ESTEADA. JOSiil Maeiano Blasoo. 1839. CONVENTION FOR THE ADJUSTMENT OF CLAIMS OP CITIZENS OF THE UNITED STATES AGAINST MEXICO. Concluded April 11, 1839 ; ratifications exchanged at Washington 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 Eepublic 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 Govern- ment, 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 the persons and MEXICO, 1839. 677 property of citizens of tlie 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 "wfators. Republic has named His Excellency Senor Don Francisco Pizarro Mar- tinez, accredited as Envoy Extraordinary and Minister Plenipotentiary of the Mexican Eepublic 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 interposition of the Government of the United States, have redM™wdoi''fS.r been presented to the Department of State or to the diplo- '=°°"°""°°"''- matic agent of the United States at Mexico until the signature of this conventioUj 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. Aetiole II. The said board shall have two secretaries, versed in the English and Spanish languages; one to be appointed by the President of the United States, by and with the advice and consent secretaries. 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. Aeticle 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. 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 two newspapers in Washington, and in such other p3,pers as he may think proper. Aexicle IV. All documents which now are in, or hereafter, during the continuance of the commission constituted by this convention, may come D„c„mentB to be into the possession of the Department of State of the United ^='""™i 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 678 TREATIES AND CONVENTIONS. 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 documents to be specified when demanded at the instance of the said commis- sioners. Article V. The said commissioners shall, by a report under their hands and seals, decide upon the justice of the said claims and the amount .„^d«idT„"".£ir- of compensation, if any, due from the Mexican Government tice of claiins. . t _ in each case. Article VI. It is agreed that if it should not be convenient for the Mexican Gov- Mexico to issue emmcut to pay at once the amount so found due, it shall be fta'lSi'ouMfo'un" ^t liberty, immediately after the decisions in the several ■'''=• cases shall have taken place, to issue Treasury notes, re- ceivable at the maritime custom-houses of the 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 ab 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 custom-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 vil It is further agreed that in the event of the commissioners differing incassorthecom-'in rclatlon to the aforesaid claims, they shall, jointly or miasionoradifferiiM. gcverally, draw up a report, stating, in detail, the points on which they diifer, 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 Eepublic; 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. MEXICO, 1839. 679 Article VIII. Immediately after the signature of this convention, the Plenipoten- tiaries of the contracting parties (both being thereunto con- petently authorized) shall, by a joint note, addressed to the "'"'""'■ Minisfer for Foreign Affairs of His Majesty the King of Prussia, to be delivered by the Minister of the United States atEerlin, 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. Article X. And the contracting parties further engage to consider the decision of such umpire to be final and conclusive on all the matters so Decision of the referred. "'""'''• Article XI. - For any sums of money which the umpire shall find due to citizens of the United States by the Mexican Government, Treasury Treasurr notes to notes shall be issued in the manner aforementioned. '^ '""^'^ Article XII. And the United States agree forever to exonerate the Mexican Gov- ernment from any further accountability for claims which Me^co exonerated shall 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 for the commissioners and secretary to be appointed by it; and that the contingent expenses of the board shall be de- ^w^" 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 sig- nature hereof, or sooner if possible. In faith whereof we, 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. SEAL.] John Forsyth. 'seal.] Fean. Pizaero Martinez. 680 TREATIES AND CONVENTIONS. 1843. CONVENTION FUETHEE PEOVIDING FOE PAYMENT OF AWAEDS TO CLAIMANTS UNDEE THE CONVENTION OF APEIL 11, 1839. Concluded Jwnuary 30, 1843 ; ratifications exchanged at Washington March 29, 18435 proclaimed March 30, 1843. Whereas, by the convention between the United States and the Mex- ican Eepublic, of the 11th April, 1839, it is stipulated that, if it should not be convenient to the Mexican Government to pay at' once the sums found to be due to the claimants under that convention, that Government shall be at liberty to issue Treasury notes in satisfaction of those sums; and whereas the Government of Mexico [is] anxious to comply with the terms of said convention, and to pay those awards in full, but finds it in- convenient 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 full effect the intentions of the said parties, conferred full powers Neiotiators. ^^ Waddy Thompsou, 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 Jos6 Maria de Bocanegra, Minister of Foreign Eelations, and Manuel Ed uardo de Gorostiza, Minister of Finance. And the said Plenipotentiaries, after having exchanged their full powers, found to be indue form, have agreed to and concluded the following articles : Article I. On the 30th day of April, 1843, the Mexican Government shall pay Mexico to pay .11 all tho iutcrcst which may then be due on the awards in mwreBidue. favor of clalmauts under the convention of the 11th of 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 be paid in five years, in equal instalments every three teJ'e"°°M''o/?fid?n months, the said term of five years to commence on the 30th five rear. ^^^ ^^ Aprfl, 1843, aforcsald. Article III. , The payments aforesaid shall be made in the city of Mexico to such parmem to be persou ag the United States may authorize to receive them, vexiio" in'gojd'or 11 gold o^ sllvcr niouey. But no circulation, export, nor "''"" other duties shall be charged thereon ; and the Mexican (loverirnent 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 iiri.S'""!" Set of the instalments and interest aforesaid, but it is under- ' stood that whilst no other fund is thus specifically, hypothe- ciited, the Government of the United States, by accepting this pledge, tloes not incur any obligation to look for payment of those instalments and interest to that fund alone. MEXICO, 1848. 681 Article V. As this new arrangement, which is entered into for the accommoda- tion of Mexico, will involve additional charges of freight, Me:, tions of this treaty. It is also agreed that if any Mexicans " "' ""°'"^ 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. Aetiole v.* The boundary line between the two Eepublics shall commence in the Gulf of Mexico, three leagues from land, opposite the mouth of the Eio Grande, otherwise called Eio Bravo del Norte, or boundary lho. opposite the mouth of its deepest branch, if it should have more than ' This article was amended by Article 1 of the treaty of December 30, 1853'. 684 TEEATIES AND CONVENTIONS. one braucli 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 "Sew Mexico ; thence, westwardly, along the whole southern boundary of ISew 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- sect^ 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 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 Eio Colorado, following the division line between tipper 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 ern°°iimitt°Sf "sew United Mexicttn States, as organized and defined iy various acts of the Congress of said republic, and constructed according to the best authorities. Revised edition. Published at New YorTc, in 1847, by J. Bisturnklf 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 ijpper from Lo^er California, it is agreed that the said limit shall consist of a straight line drawn from the middle of the Eio 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 au- thoritative maps, and to establish upon the ground landr and juTe5°o"t'o"be marks which shall show the limits of both republics, as de- mark'S'bouSdSr scribcd 111 tfac prcscHt article, the two Governments shall each 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 Eio Bravo del Norte. They shall keep journals and make out plans of their operations; and the result agreed upon by them shall be (jeemed 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- Bouniiarriraetob. spcctcd by cach of thc two republics, and no change shall teug.ou8iyre.pected. gygp ^^ madc thcreiu, except by the express and free con- sent of both nations, lawfully given by the General Government ofeach, in conformity with its own constitution. Aeticle VI.* The vessels and citizens of the United States shall, in all time, have a free and uninterrupted passage by the Gulf of California, and GuifofcSmKd by the river Colorado below its confluence with the Gila, to vSisSftheuniied and from their possessions situated north of the boundary line defined in the preceding article; it being understood * This article was amended by Article 4 of the treaty of December 30, 1853, MEXICO, 1848. 685 that 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 Government. If, by the examinations which may be made, it should be ascertained to be practicable and advantageous to construct a road, „ . , canal, or railway, which should in whole or m part run upon toad, c^a^ or^rdu the river Gila, or upon its right or its left bank, within the S»°of™the°"river space of one marine league from either rdargin of the river, 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 Is'orte lying below the southern boundary of Few Mexico, being, agreeably to Navigation or rw- the fifth article, divided in the middle between the two re- ''oh^i"(iifhounl pnblics, the navigation of the Gila and of tb.e 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 favoring new methods of navigation, l^or shall any tax or contribution, under any denomina- tion or title, be levied upon vessels or persons navigating Navigation or said the same, or upon merchandise or effects transported thereon, "^"'^°IS. no Sx except in the case of lauding upon one of their shores. ■ If, Setalrptrf„n°°nav'' for the purpose of making the said rivers navigable, or for ?;t"?h^™«'I;; maintaining them in such state, it should be necessary or both Governments. 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 Mex- ico, and which remain for the future within the limits of the Mexican estab- United States, as defined by the present treaty, shall be free ^^^i 4"ito uS to 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 retajln the character of Mexicans, shall be considered to have elected to become citizens of the United States. In the said territories, property of every kind, now belonging to Mexi- cans not established there, shall be inviolably respected. p„p„,y ^ ,,, ,„. The present owners, the heirs of these, and all Mexicans 'ioiauy reBpectej. who may hereafter acquire said property by contract, shall enjoy with * This article was amended by article 4 of the treaty of December 30, 1853, 686 TREATIES ANt) CONVEi^flONg. respect to it guarantees equally ample as if the same belonged to citi- zens of the United States. Article IX. The Mexicans who, in the territories aforesaid, shall not preserve the HowMesteana re- character of cltizeHS of the Mexican Eepublic, conformably maiSintheSdS wlth what Is Stipulated in the preceding article, shall.be in- co'^dilLrJf tte corporated into the Union of the United States, and be ad- mitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution ; and in the mean time, shall be maintained and protected in the free enjoy- ment of their liberty and property, and secured in the free exercise of their religion without restriction. Akticle 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, :ncur»ioiiB of B«y ^^'^ whosc incursious within the territory of Mexico would a|e°«SB"n» °t"he bc prejudlclal in the extreme, it is solemnly agreed that all territory,, Me;, , 1 •, -in 1 Transportation of that Government may have occasion ^to send from one part troops and munitions of its territory to another, lying on opposite sides of the °'^''"' continent. The Mexican Government having agreed to protect with its whole power the prosecution, preservation, and security, of the United states may work, the United States may extend its protection as it shall p'»«"«''"''»i judge wise to it when it may feel sanctioned and warranted by the pub- lic or international law. Aktiole 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. SEAL. SEAL. SEAL. SEAL. James Gadsden. Manuel Diez de Bonilla. Jos:^ Salazar Ylaeeegtjt. J. Mariano Monterde. 698 TREATIES AND CONVENTIONS. 1861.- TREATY FOE THE EXTRADITION OF CRIMINALS, FUGITIVE FROM JUSTICE. Concluded December 11, 1861 ; ratifications exchanged at Mexico May 20, 1862; ^proclaimed June 20, 1862. 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 enumer- ated, 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 Corwin, a citizen of the United States, and their Envoy Ex- Nesofators. traordiuary and Minister Plenipotentiary near the Mexican Grovernment; and the President of the United Mexican States has ap- pointed 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 diplo- Extradition of pei^ ,. i ' i t' i_*j_- ii* Mn3 accused of matic agcuts, deliver ,up to justice persons who, being ac- cused of the crimes enumerated in article third of the pres- ent treaty, 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 com- mission 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 tt=d°n through their resjiective diplomatic agents, or throug|li] the cltbMSon -"mode chlcf clvll fTuthority of said States or Territories, or through "' '"°°°'"""'- such chief civil or judicial authority of the districts or coun- ties 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. Itequisitiona Crimea com in i the frontier State: Article III. Persons shall be so delivered up who shall be charged, according to the provisions of this treaty, with any of the following crimes, ^^.^^^ whether as principals, accesories, or accomplices, to wit: Murder, (including assassination, parricide, infantitiide, and poisoning;) assault with intent to commit murder; mutilation; piracy; arson; rape; kidnapping, defining the same to be the taking and carrying away of a free person by force or deception ; forgery, including the forging or mak- ing, 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 x'ntting him in fear; burglary, defining the same to be l)reaking 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 con- tracting parties. Article IV. On the part of each country the surrender of fugitives from j ustice shall be made only by the authority of the Executive thereof, surrender, hov, 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 ot the said frontier States or Territories, or if, from any cause, the civil authority of such State or Territory shall be suspended, then such sur- render may be made by the chief military officer in command of such State or Territory. Article V. All expenses whatever of detention and delivery effected in virtue of the preceding provisions shall be borne and defrayed by the Government or authority of the frontier State or Territory Ewe„,es. in whose name the requisition shall have been made. Article VI. The provisions of the present treaty shall not be applied in any man- ner to any crime or offence of a purely political character, perBDracanptbe nor shall it embrace the return of fugitive slaves, nor the 'aiSesf" ''°""" 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 ex- ^''''='- pressly 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 i'»'""i'™=»»- date of the exchange of the ratifications hereof. Neither of the contracting parties shall be bound to de- ^riiher nation k. liver up its own citizens under fhe stipulations of this treaty, deliver its ciiijen.. 700 TEEATIES AND CONVENTIONS. Article VII. This treaty shall continue in force until it shaJl be abrogated by the Duratiouof treat co^tracting partics, or one of them; but it shall not be ab- uratiouo treaty, p^gg^^g^ cxccpt by Hiutual couscnt, unless the party desiring to abrogate it shall give twelve months' previous notice. Article. VIII. The present treaty shall be ratified in conformity with the Constitu- tions of the two countries, and the ratifications shall be ex- changed at the city of Mexico within six months from the date hereof, or earlier if jjossible. In witness whereof we, the Plenipotentiaries of the United States of Americ^r 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. SEAL. SEAL. Thos. Coewin. Seb'n Leedo de Tejada. 1868. CONVENTION FOE THE SETTLEMENT OF CLAIMS. Concluded July 4, 1868 ; ratifications exchanged at Washington February 1, 1869 J proclaimed February 1, 1869. Whereas it is desirable to maintain and increase the friendly feelings between theUnited States and the Mexican Eepublic^ 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 be§n 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 Presi- dent of the Mexican Eepublic have resolved to conclude 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 Negotiators. Mcxicau Eepublic, Matias Eomero, accredited as Envoy Ex- traordinary and Minister Plenipotentiary of the Mexican EepubUo 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- ckims upon .boti uals, citizeus of the United States, upon the Government of mS'wV/cora: the Mexican Eepublic, arising from injuries to their persons miBBioners. qj, jjropcrty by authorities of the Mexican Eepublic, and all claims on the part of corporations, companies, or private individuals, MEXICO, 1868. , 701 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, 184cS, 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 one by the President of the Mexican Ee- public. Incaseof the death, absence, or incapacity of either ^ . . • ,1 ■ f • i-t ■*■ . ."^ .. Provigion for the commissioner, or m the event of either commissioner omit- ^f°4\ "j^^'^s^^f 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 within six months after the exchange of the ratifications of this con- ,. 11111 /• i> i-t* 1 -1 CommisBionerB to vention, and shall, before proceeding to business, make and meet in wanhiEgtoo subscribe a solemn declaration that they will impartially and 3"„""S|°[^'|^„; carefully examine and decide, to the best of their judgment, wMcTshaiT S^'L'S 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 umpire in any case or cases on which they may themselves dift'er 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 umpire in that particular case. The person or persons so to be chosen to be 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 death, absence, or in- capacity of such person or persons, or of his or their omitting, or declin- ing, or ceasing to act as such umpire, another and different persop shall be named, as aforesaid, to act as such umpire, in the place of the person so originally named, as aforesaid, and shall make and subscribe such declaration as aforesaid. Article II. The commissioners shall then conjointly proceed to the investigation and decision of the claims which shall be presented to their conmii«»ioaers to notice,>in such order and in such manner as they may con- £?f °and ° aSelde jointly 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 Mode <,f proceeding. 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 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, they shall call 702 TEEATTES AND CONVENTIONS. to their assistance the umpire whom they may have agreed to name, or who may be determined by lot, as the case may be; 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 commissioners, shall decide thereupon finally and Decisions to be wlthout appcal. Thc decision of the commissioners and of eiven in writios. ^]jg uQjpire shall be given upon each claim in writing, shall designate whether any sum which may be allowed shall be payable in Ea-;h Government goW oT lu thc currcucy of thc United States, and shall be w attend the °e'om- slgued by thcffi rcspectlvely. It shall be competent for each miaaion on its behalf, govemmeut to uamo one person to attend the commissioners as agent on its behalf, to present and support claims on its behalf, and to answer claims made upon it, and to represent it generally in all mat- ters connected with the investigation and decision thereof. The President of the United States of America and the President of the Mexican Eepublic hereby solemnly and sincerely engage Decisions to be . . , , K . . „ ,% : . .. ,-,° ° f SsSe "a°nd Ml considcr the decision of the commissioners conjointly, or e&'tT'be" given of the umplrc, 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 objec- tion, evasion, or delay whatsoever. No claim to be It is agreed that no claim arising out of a transaction of tro£i7yLJ^Z a date prior to the 2d of February, 1848, shall be admissible prior to Feb. 2,1848. unfler tMs convcntiou. Aetiole III. Every claim shall be presented to, the commissioners within eight Claims to be pre- mouths from the day of their first meeting, unless in any Sfhs M 'the°day of casc whcrc reasons for delay shall be established to the sat- intssfal °'"'™' isfaction of the commissioners, or of the umpire in the event of the commissioners differing in opinion thereupon, and then tcSfSJo^Ah^e; and in any such case the period for presenting the claim months longer. may be cxtcndcd to any time not exceeding three months longer. The commissioners shall be bound to examine and decide upon every Commissioner, to. clalm wlthlu two jesLTS SbTud six months from the day of their ci»fm° ^uhS, Two first meeting. It shall be competent for the commissioners rears and six months, coujolntly, Or for thc umpirc if they differ, 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 what extent, according to the true intent and meaning of this convention. Aetiole IV. "When decisions shall have been made by the commissioners and the ■iTie awards in favor arbiter lu cvBry case which shall.have been laid before them, Smrrfobedednc" thc total amouut awarded in all the cases decided in favor taorTthe"'c™Li° of the citizens of the one party shall be deducted from the Snd'\Te"'hnw'?o total amouut awarded to the citizens of the other party, So,oooT!'o"be'pa"i ^ud the balance, to the amount of three hundred thousand in tweivi months, (jollars, shall be paid at the city of Mexico or at the city of Washington, in gold or its equivalent, within twelve months 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 MEXICO, 1868. 703 other deduction than that specified in Article VI of this Convention. The residue of the said balance shall be paid in annual in- ^^^ ^^^.^ ^ ^^ ^^^ stalments to an amount not exceeding three hundred thou- baiJce^'U™ and sand dollars, in gold or its equivalent, in any one year until the whole shall have been paid. Abticle V. The high contracting parties agree to consider the result of the pro; ceedings of this commission as a full, perfect, and final set- Thi» commission « tlement of every claim upon either government arising out feSrem™" °o°f ""?! of any transaction of a date prior to the exchange of the St'„|eofth"rot° 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. o The commissioners and the umpire shall keep an accurate record and correct minutes of their proceedings, with the dates. For^Rerordsor the that purpose they shall aippoint two secretaries versed in the tommSn. °' '"" language of both countries to assist them in the transaction secretarie.. of the business of the commission. Each government shall pay to its commissioner an amount of salary not exceeding . 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 recommend- ation of the commission. The salary of the secretaries shall not exceed the sum of twenty-five hundred dollars a year in the currency of the United States. The whole expenses of the commission, in- cluding contingent expenses, shall be defrayed by a ratable ^'"'"'^" deduction on the amount of the sums awarded by the commission, pro- vided 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 States, by and with the advice and consent of the Senate thereof, and by the President of the Mexican Eepublic, with «"!«=«■""'• the approbation of the Congi'ess of that Republic; 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, ai;d have afilxed 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. SEAL. SEAL.' William H. Seward. M. liOMERO. 704 TREATIES AND CONVENTIOITS. 1868.* CONVENTION REGULATING THE CITIZENSHIP OF EMIGRANTS. Concluded July 10, 1868 ; ratifications exchanged at Washington February 1, 1869; proclaimed February 1, 1869. The President of the United States of America and the President of the Eepublic of Mexico, being desirous of regulating the citizenship of persons who emigrate from Mexico to the United States of America, and from the United States of America to the Eepublic of Mexico, have decided to treat on this subject, and with this object have named as Plenipotentiaries, the President of the United States, Will- Nejot,.tor.. ^^^ ^^ Scward, Secretary of State ; and the President of Mexico, Matias Eomero, accredited as Envoy Extraordinary and Minis- ter Plenipotentiary of the Eepublic 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 : AETrCLE I. Those citizens of the United States who have been made citizens of oiti™»ortheom the Mexican Eepublic by naturalization, and have resided, frth'.VhSj'S'be without interruption, in Mexican territory five years, shall cftoMofraihoth" be held by the United States as citizens of the Mexican Ee- countrr. public, and shall be treated as such. Eeciprocally, citizens of the Mexican Eepublic 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 Eepublic of Mexico as citizens of the United States, and shall be treated as such. The declaration of DeciarMion of i.. ^u lutention to becomo a citizen of the one or the other citS not'teT." country has not for either party the effect of naturalization. ^Mioi!"°'°"""'^' This article shaU apply as well to those already naturalized in either of the countries contracting as to those hereafter naturalized. Akticlb II. Naturalized citzens of either of the contracting parties, on return to . the territory of the other, remain liable to trial and punish- ed Se ■?"",£ ment for an action punishable by the laws of his original country, and committed before his emigration ; saving al- ways the limitations established by his original country. Article III. The convention for the surrender in certain cases of criminals, fugi- convenfcofDe- tlvcs fcom justico, coucluded between the Unitied States of fh"e«r."itioTi'ri5' America of the one part, and the Mexican Eepublic on the ?o"rema™ ta'fuu othcr part, on the eleventh day of December, one tlionsand eight hundred and sixty-one, shall remain in full force with- out any alteration. * See Notes : "Abrogated, suspended, or obsolete treaties." orce. MEXICO. 1871. 705 Article IV. If a citizen of the Uuited States naturalized in Mexico renews his residence in the United States without the intent to return u^^ncmnon of to Mexico, he shall be held to have renounced his natural!- '"i»="«wp. zation in Mexico. Keciprocally, 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 Uuited States. The intent not to return may be held to exist when the person natu- ralized in the one country resides in the other country more than two years, but this presumption may be rebutted by nofwretlimm^be •J J. J I. J. ■■ teld to eiiiet. evidence to the contrary. Article V. The present convention shall go into effect immediately on the ex- change of ratifications, and it shall remain in full force for Dumuou of mn- ten years. If neither of the contracting parties shall give "°''''°- notice to the other six months previously of its intention to terminate the same, it shall farther remain in force until twelve months after either of the contracting ijarties 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 . . 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 con- vention at the city of Washington, this tenth day of July, in the year of our Lord one thousand eight hundred and sixty-eight. SEAL.] William H. Seward. SEAL.J M.' EOMERO. 1871. CONVENTION FOR EXTENSION OF THE DURATION OF THE JOINT COM- MISSION FOE THE SETTLEMENT OF CLAIMS. Concluded April 19, 1871; ratifications exchanged at Washington Feb- ruary 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, bj- 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 United States of Mexico are desirous that the the time orig- inally fixed for the duration of the said commission should be 3760 TR 45 706 TREATIES AND CONVENTIONS. 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 KMot,.to™, States of America to the Mexican Eepublie ; and the Presi- dent of the United States of Mexico, Manuel Azpiroz, Chief Clerk and in charge of the Ministry of Foreign Eelatioas of the United States of Mexico ; who, after having presented their respective powers, and find- ing them sufficient and in due form, have agreed upon the following articles : Abtiole I. The high contracting parties agree that the term assigned in the con- vention of the 4th of July, 1868, above referred to, for the Duration of joiDt -, ,. j^ j.t • t " ' . . i n i j. j j _p commission for set- duratiou of thc Said commission, shall be extended for a tlement of claims ,. , f /><-it ij_i/» extended for one timc uot excecdiug ouc year from the day when the func- '°"' tions of the said commission would terminate according to 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. 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. SEAL. SEAL. Thomas H. Nelson. Manuel Azpiroz. 1872. convention for THE REVIVAL AND I'URTHER EXTENSION OF DURA- TION OF THE JOINT COMMISSION FOR THE SETTLEMENT OF CLAIMS. Concluded November 27, 1872; ratifications exchanged at Washington July 17, 1873; proclaimed July 24, 1873. Whereas, by the convention concluded between the United States and the Mexican Eepublie 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 ex- tended, according to the convention concluded between the same par- ties on the nineteenth day of April, 1871, for a term not exceeding one year from the day on which they were to terminate according to the first convention ; and whereas the possibility of said commission's eouclnd- MEXICO, 1874. 707 iDg its labors even within the period fixed by the aforesaid convention of April nineteenth, 1871, is doubtful j Therefore, the President of the United States of America and the President of the United States of Mexico, desiring that the term of the afore-mentioned commission should be 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 re- vived and that the time fixed by the convention of April nineteenth, 1871, for the duration of the commission afore- •nimZT°ro°MS'- •tiiii- i!iji^ J. J. T J. "'^"t of claiips fur- said, shall be extended for a term not exceeding two years ther «tsndej for from the day on which the functions of the said commission '"'"""'■ would terminate according to that convention, or for a shorter time if it should be deemed sufficient by the commissioners or the umpire, in case of their disagreement. It is agreed that nothing contained in this article shall in any wise alter or extend the time originally fixed in the said conven- Time for presenta- tion for the presentation of claims to the commission. extlndej."'"'™ °°' Article II. The present convention shall be ratified and the ratifications shall be exchanged at Washington as soon as possible. Ratification.. In witness whereof, the above-named Plenipotentiaries have signed the same and affixed their respective seals. Done in the city of Washington the twenty-seventh day of Novem- ber, in the year one thousand eight hundred and seventy-two. SEAL.] Hamilton Fish. SEAL.] IGNO. Mariscal. 1874. CONVENTION FOE THE FURTHER EXTENSION OF DURATION OF THE JOINT COMMISSION FOR THE SETTLEMENT OF CLAIMS. Concluded November 20, 1874; ratifications exchanged at Washington Jan- uary 28, 1875 ; proclaimed January 29, 1875. , Whereas, pursuant to the convention between the United States and the Mexican Eepublic of the 19th day of April, 1871, the functions of the joint commission under the convention between the same parties of the 4th of July, 1868, were extended for a term not exceeding one year from the day'ou which they were to terminate according to the conven- tion last named : And whereas, pursuant to the first article of the convention between the same parties, of the twenty-seventh day of November, one thousand eight hundred and seventy-two, the joint commission above referred to 708 TEEATIES AND CONVENTIONS. was revived and again extended for a term not exceeding two yares from the day on which the functions of the said commission would ter- minate pursuant to the said convention of the nineteenth day of April, 1871 ; but whereas the said extensions have not proved suflBcient for the disposal of the business before the said commission, the said parties being equally animated by a desire that all that business should be closed as originally contemplated, the President of the United States has for this purpose conferred full powers on Hamilton Fish, Ne,ot..tor.. ggcretary of State, and the President of the Mexican Ke- public has conferred like powers on Don Ignacio Mariscal, Envoy Ex- traordinary and Minister Plenipotentiary of that republic to the United States. And the said Plenipotentiaries, having exchanged their full powers, which were found to be in due form, have agreed upon the fol- lowing articles. Aeticle I. The high contracting parties agree that the said commission shall again be extended, and that the time now fixed for its dura- mJ.'ion"°for°'^.eX tiou shall bc prolougcd for one year from the time whenat ment of claims (ur- -111 • t i j_ j_-l j.* _pj.i ^ l ther extended for would havo oxpircd pursuaut to thc conveutiou of the twcuty- oMyeir. sevcuth of N'ovcmber, 1872: that is to say until the thirty- first day of January in the year one thousand eight hundred and sev- enty-six. It is, however, agreed that nothing contained in this article shall in Time for presenta- auy wlsB altcr or cxtcud the time originally fixed by the extended."""" °°' convcution of the 4th of July, 1868, aforesaid, for the pre- sentation of claims to the commission. Article II. It is further agreed that, if at the expiration of the time when, pur- umpire allowed suaut to' thc fiTSt articlc of this convention, the functions of minSnof"th"coSi thc coiumissioners will terminate, the umpire under the con- misBion to decide ,. ■, ■, 1 , -, -i'-i-ii-ij.i i-i case.. vention should not have decided all tne cases which may then have been referred to him, he shall be allowed a further period of not more than six months for that purpose. Akticlb III. All cases which have been decided by the commissioners or by the ca.e» decided b ^^pi'^® hcretoforc, or which shall be decided prior to the theMmmiSonhere'^ cxchango of the ratificatious of this convention, shall, from the date of such exchange be regarded as definitively dis- posed of, and shall be considered and treated as finally settled, barred, and thenceforth inadmissible. " And, pursuant to the stipulation con- tained in the fourth article of the convention of the fourth day of July, one thousaiid eight hundred and sixty-eight, the total amount awarded in cases already decided and which may be decided before the exchange of ratifications of this convention and in all cases which shall be decided within the times in this convention respectively named, for that purpose, either by the commissioners or by the umpire, in favor of citizens of the one party shall be deducted from the total amount awarded to the citi- zens of the other party, and the balance, to the amount of three hun- Awirds, payment d^ed thousaud dollars shall be paid at the city of Mexico, °'- or at the city of Washington, in gold or its equivalent, within twelve months from the 31st day of January one thousand eight hundred MEXICO, 1876. 709 and seventy-six 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 that convention. The residue of the said balance shall be paid in annual instalments to an amount not ex- ceeding three hundred thousand dollars in gold or its equivalent, in any one year until the whole shall have been paid. Article IY. The present convention shall be ratified and the ratifications shall be exchanged at Washington, as soon as possible. In witness whereof the above named Plenipotentiaries have signed the same and affixed thereto their: respective seals. Done in Washington the twentieth day of IsTovember, in the year one thousand eight hundred and seventy-four. SEAL. SEAL. Hamilton Pish. IGNO. Mabisoal. 1876. CONVENTION EXTENDING FUNCTIONS OF THE UMPIRE OP THE JOINT COMMISSION FOR THE SETTLEMENT OF CLAIMS UNTIL NOVEMBER 20, 1876. Concluded April 29, 1876; ratifications exchanged at Washington June 29, 1876; proclaimed June 29, 1876. Whereas, pursuant to the Convention between the United States and the Mexican Eepublic of the 19th day of April, 1871, the functions of the joint commission under the Convention between the same parties of the 4:th of July, 1868, were extended for a term not exceeding one year from the day on which they were to terminate according to the convention last named; • ^ And whereas, pursuant to the first Article of the convention between , the same parties, of the twenty- seventh day of November, one thousand eight hundred and seventy-two, the joint Commission above referred to was revived and again extended for a term not exceeding, two years from the day on which the functions of the said commission would ter- minate pursuant to the said Convention of the nineteenth day of April, 1871; And whereas pursuant to the Convention between the same parties, of the twentieth day of November one thousand eight hundred and seventy-four, the said commission was again extended for one year from the time when it would have expired pursuant to the Convention of the twenty-seventh of November, one thousand eight hundred and seventy-two, that is to say, until the thirty-first day of January one thousand eight hundred and seventy-six; and it was provided that if at the expiration of that time, the Umpire under the Convention should not have decided all the cases which may then have been referred to him, he should be allowed a further period of not more than six months for that purpose; And whereas, it is found to be impracticable for the Umpire appointed pursuant to the Convention adverted to, to decide all the cases referred to him, within the said period of six months prescribed by the Conven- 710 TREATIES AND CONVENTIONS. tion of the twentieth of November one thousand eight hundred and seventy four; And the parties being still animated by a desire that all that business should be closed as originally contemplated, the President of the United ■ States has for this purpose conferred full powers on Hamilton Neeotintors. j'igij^ Secretary of State, and the President of the Mexican Eepublic has conferred like powers on Don Iguacio Mariscal, Envoy Ex- traordinary and Minister Plenipotentiary of that Eepublic to the United States; and the said Plenipotentiaries having exchanged their full powers, which were found to be in due form, have agreed upon the fol- lowing articles: Article I. The high contracting parties agree that if the Umpire appointed umpipn'sfanttion. uudcr thc Convcntiou above referred to, shall not, on orbe- Sii i!ovember°2ot fo™ thc cxplration of the six months allowed for the purpose '''^ ' by the second article of the Convention of the twentieth of November one thousand eight hundred and seventy-four, have decided all the cases referred to him, he shall then be allowed a further period until the twentieth day of November one thousand eight hundred and seventy-six, for that purpose. Article II. It is further agreed that so soon after the twentieth day of November one thousand eight hundred and seventy-six, as may be practicable, the Awards, pajment total amouut awardcd in all cases already decided, whether °'- by the Commissioners or by the Umpire, and which may be decided before the said twentieth day of November, in favor of citizens of the one party shall be deducted from the total amount awarded to the citizens of the other party, and the balance, to the amount of three hun- dred thousand dollars, shall be paid at the city of Mexico, or at the city of Washington, in gold or its equivalent, on or before the thirty-first day of January one thousand eight hundred and seventy- seven, to the govr ernment 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 the said Convention of July 1868i 'Ihe residue of the said balance shall be paid in annual instalments on the thirty-first day of Jan- uary in each year, 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 III. The present Convention shall be ratified, and the ratifications shall be exchanged at Washington, as soon as possible. * Rat.r.<;at,ons. j^ witucss whcreof the above named Plenipotentiaries have signed the same and affixed thereto their respective seals. Done in Washington, the twenty-ninth day of April, in the year one thousand eight hundred and seventy-six. seal.] Hamilton Fish. SEAL. I Igno. Mariscal. MEXICO, 1882. 711 1882.* CONVENTION PROVIDING FOR AN INTERNATIONAL BOUNDARY SURVEY TO RELOCATE THE EXISTING FRONTIER LINE BETWEEN THE TWO COUNTRIES WEST OF THE RIO GRANDE. Concluded, July 29, 1882; ratifications exchanged at Washington March 3, 1883; proclaimed, March 5, 1883. The President of the United States of America on the one hand and the President of the United States of Mexico on the other, being desir- ous of putting an end to whatever difficulties arise from the destruction or displacement of some of the monuments erected for the purpose of marking the boundary between the two countries, have thought proper to conclude a convention with the object of defining the manner in which the said monuments are to be restored to their proper places and new ones erected, if necessary ; to which end they have appointed as their Plenipotentiaries, to wit: The President of the United States of America, Frederick T. Freling- huysen, Esquire, Secretary of State of the United States of America; andthePresidentof the United States of Mexico, '"i^u^^"- SeSor Don Matias Eomero, Envoy Extraordinary and Minister Pleni- potentiary of the United States of Mexico, in Washington ; Who, after reciprocal exhibition of their full powers, found in good and due form, have agreed upon the following articles: Article I. With the object of ascertaining the present condition of the monu- ments marking the boundary line between the United States of America and the United States of Mexico, established by ^ib™™? froS the treaties of February 2nd, 1848, and December 1 3rd, 1853, and for determining generally what monuments, if any, have been de- stroyed or removed and may require to be rebuilt or replaced, a prelimi- nary reconnaissance of the frontier line shall be made by each govern- ment, within six mctaths from the exchange of ratifications of this convention. These reconnaissances shall be made by parties under the control of officers of the regular army of the respective countries, and shall be effected in concert, in such manner as shall be agreed upon by the commanders of the respective parties. The expense of each recon- noitering party shall be borne by the government in whose behalf it operates. These reconnaissance parties shall report to their respective govern- ments, within eight months from the exchange of the ratifi- K^port or r,con cations of this convention : n.ii»sa„ce p>rtiM. (a) the condition of the present boundary monuments; (b) the number of destroyed or displaced monuments; (c) the places, settled or capable of eventual settlement, where it may be advisable to set the monuments closer together along the line than at present; {d) the character of the new monuments required, whether of stone or iron ; and their number, approximately, in each case. * See Notes: "Abrogated, suspended, or obsolete treaties." t SliouJd be December :iOth, 18.W. 712 TREATIES AND COKVENTlONS. Aetiolb II. Pending the conclusion of the pr&liminary reconnaissances provided survejms p»rt.M 1° ArtlcIe I, cach government shall appoint a surveying to be appointed. party, consisting of an Engineer-in-chief, two Associates, one of whom shall be a practical astronomer, and such number of as- sistant engineers and associates as it may deem proper. The two par- ties so appointed shall meet at El Paso del Norte, or at any other con- venient place to be agreed upon, within six months from the exchange of the ratifications hereof, and shall form, when combined, an "Inter- national Boundary Commission." Akticle III. The International Boundary Commission shall be required and have Boundary Com- tho powBr Eud Euthorlty to sct in their proper places along mission's pollers. ^]jg bouudary line between the United States and Mexico, from the Pacific Ocean to the Eio Grande, the monuments heretofore placed there under existing treaties, whenever such monuments shall have become displaced; to erect new monuments on the site of former monuments when these shall have been destroyed ; and to set new mon- uments at such points as may be necessary, and be chosen by joint ac- cord between the two Commissioner Engineers-in-Chief. In rebuilding and replacing the old monuments and in providing for new ones, the respective reports of the reconnaissance parties, provided by Article I, may be consulted : provided, however, that the distance between two consecutive monuments shall never exceed eight thousand metres, and that this limit may be reduced on those parts of the line which are in- habited or capable of habitation. Article IV. Where stone shall be found in sufficient abundance the monuments may be of stone; and in other localities shall be of iron, in Material of which monuments siiaii be the form of a slmplc tapcring four-sided shaft with pedi- ment, rising above the ground to a height of six feet, and bearing suitable inscriptions on its sides. These monuments shall be at least two centimeters in thickness, and weigh not less than five hun- dred pounds each. The approximate' number thereof to be required may be determined Numher of monn- from tho Tcports of thc preliminary reconnaissance parties, """^ and the monuments, properly cast and finished, may be sent forward from time to time to such spots as the commission may select, to be set in place at the sites determined upon as the work progresses. Abtiole V. The Engineers-in-Chief of both sections shall determine, by common rrocesses to be conscnt, what scientific processes are to be adopted for the adopted m the work, rescttiug of the old monuments and the erection of the new ones; and they shall be responsible for the proper performance of the work. On commencing operations, each section shall report to its govern- ment the plan of operations upon which they shall have jointly agreed ; Mfiiic6, im. ' 713 andthey shall from time to time submit reports of the progress made by them in the said operations; and finally they shall present a full report, accompanied by the necessary drawings, signed by the Engineer- in-Chief and the two Associate Engineers on each side, as the official record of the International Boundary Commission. Article VI. The expenses of each section shall be defrayed by the government which appoint«d it ; but the cost of the monuments and of their transportation shall be equally shared by both gov- Expense.. ernments. Aeticlb VII. Whenever the number of the monuments to be set up shall be ap- proximately known as the result of the labors of the prelim- Mode or taymg inary reconnaissance-parties, the Engineers-in-Chief shall ■=<>»"" ■"<>»»«'ent8. prepare an estimate of their cost, conveyance and setting up ; and when such estimate shall have been approved by both governments, the mode of making the payment of the part to be paid by Mexico shall be deter- mined by a special arrangement between the two governments. Article VIII. The work of the International Boundary Commission shall be pushed forward with all expedition ; and the two governments Buration or con- hereby agree to regard the present convention as continu- "'°"°"- ing in force until the conclusion of said work, provided that such time does not exceed four years and four months*from the date of the ex- change of the ratifications hereof. Article IX. The destruction or displacement of any of the monuments described herein, after the line shall have been located by the Inter- j^^^^^^^^;^^ „, national Boundary Commission as aforesaid, is hereby de- inonu"°ntJ°ami»d°- clared to be a misdemeanor, punishable according to the justice of the country of the offender's nationality, if^he be a citizen of either the United States or Mexico ; and if the offender be of other nationality, then the misdemeanor shall be punishable according to the justice of either country where he may be apprehended. This convention shall be ratified on both sides and the . , ratifications exchanged at Washington as soon as possible. In testimony whereof we have signed this convention in duplicate, in the English and Spanish languages, and affixed hereunto the seals of our arms. Done in the City of Washington this 29th day of July, in the year of our Lord one thousand eight hundred and eighty-two. SEAL. SEAL. FRED'K T. FRELINaHUTSEN. M. EOMEKO. * Time extended by convention of Deoemljer 5, 18S5, p. — . 714 TREATIES AND CONVENTIONS. 1883.* CONVENTION PEOVIDING FOE COMMERCIAL RECIPROCITY. Concluded January 20, 1883 ; ratifications exclianged at Washington, May 20, 1884; proclaimed June 2, 1884. The United States of America and the United States of Mexico, equally animated by the desire to strengthen and perpetuate the friendly relations, happily existing between them, and to establish such com- mercial intercourse between them as shall encourage a»d develop trade and good will between their respective citizens, have resolved to enter into a commercial convention. For this purpose the President of the United States of America has conferred full powers on Ulysses S. Grant and William H. Trescot, citizens of the United States of Negotmtors. Amcrica, aud the President of the United Sates of Mexico has conferred like powers on Matias EOmero, Envoy Extraordinary and Minister Plenipotentiary of Mexico at Washington, and on Estanislao Canedo, citizens of the United States of Mexico; And said Plenipotentiaries, after having exchanged their respective full powers, which were found to be in due form, have agreed to the following articles: Akticle I. For and in consideration of the rights granted by the United States of Mexico to the United States of America in article second of this convention, and as an equivalent therefor, the United States of Amer- Articfes admitted '''^ hcrcby agree to admit, free of import duties whether mto^uSLIistotts Federal or local, all the articles named in the following reeof duty. gchcdule, luto all the ports of the United States of Amer- ica, and into such places on their frontier with Mexico, as may be es- tablished now or hereafter as ports of entry by the United States ot America, provided that the same be the growth and manufacture or produce of the United States of Mexico. Schedule of Mexican articles to he admitted free of duty into the United States of America. (2) 1. Animals, alive, specially imported for breeding purposes. (9) 2. Barley, not pearl. (8) 3. Beef. (6) 4. Coffee* (17) 5. Eggs. (13) 6. Esparto and other grasses, and pulp of, for the manufacture of paper. (14) 7. Flowers, natural of all kinds. (15) 8. Fruits. All kinds of fresh fruits, such as oranges, lemons, pine-apples, limes, bananas, plantains, mangoes, etc. (26) 9. Goat skins, raw. (16) 10. Henequen, sisal, hemp, and other like substitutes for hemp. (10) 11. Hide-ropes. (11, 27) 12. Hides, raw or uncured, whether dry, salted, or pickled, and skins, except sheepskins, with the wool on. Angora goat skins, raw, without the wool, and asses' skins. (18) 13. India-rubber, crude and milk of. (3, 19) 14. Indigo. • See Notes : "Abrogated, suspended, or obsolete treaties." MEXICO, 1883. 715 (20) 15. Ixtle or Tampico fibre. (21) 16. Jalap. (12) 17. Leather, old scrap. (24) 18. Logwood, berries, [*] nuts, archil, and vegetables for dyeing or used for composing dyes. (23) 19. Molasses. (1) 20. Palm or cocoanut oil. (4) 21. Quicksilver. (30) 22. Sarsaparilla, crude. (7) 23. Shrimps and all other shell fish. (25) 24. Straw, unmanufactured. (5) 25. Sugar,' not above number 16, Dutch standard in color. (28) 26. Tobacco in leaf, unmanufactured. (29) 27. Vegetables, fresh of all kinds. (22) 28. Wood and timber of all kinds, unmanufactured, including ship timber. Akticle II. For and in consideration of the rights granted by the United States of America in the preceding article of this convention, and as an equivalent therefor, the United States of Mexico hereby ^^^.^^^^ admitted agree to admit free of duties whether Federal or local, all ■miJ^w.^'Aco r™?of the articles named in the following schedule, the same being ""^' the growth, manufacture, or produce of the United States of America, into all the ports of the United States of Mexico and into such places on their frontier with the United States of America as may be estab- lished now or hereafter as ports of entry by the United States of Mexico. Schedule of United States articles to be admitted free of duty into Mexico. (1) 1. Accordeons and harmonicas. (74) 2. Anvils. (8) .3. Asbestos for roofs. (12) -4. Bars of steel for mines, round or octagonal. (22) 5. Barrows and hand trucks with one or two wheels. (30) 6. Bricks, refractory and all kinds of bricks. (38) 7. Books, printed, unbound or bound in whole or in the greater part with paper or cloth. (73) 8. Beams, small, and rafters of iron for roofs, provided that they cannot be made use of for other objects in which iron is employed. (19) 9. Coal of all kinds, (21) 10. Cars and carts with springs. (23) 11. Coaches and cars for railways. (24) 12. Crucibles and melting pots of all materials and sizes. (25) 13. Cane-knives. (63) 14. Clocks, mantel or wall. (26) 15. Diligences and road carriages of all kinds and dimensions. (27) 16. Dynamite. (14) 17. Fire pumps, engines, and ordinary pumps for irrigation and other purposes. (40) 18. Faucets. * A protocol signed February 11, 1884, provides that the equivalent of the English word "berries" shall be in the Spanish text the word "bayas" instead of the Span- ish word " oerezas." 716 TREATIES AND CONVENTIONS. (47) 19. Fuse and wick for mines. (53) 20. Feed, dry, and straw. (29) 21. Fruits, fresh. (37) 22. Fire-wood. (54) 23. Fisli, fresh. (30) 24. Guano. (6) 25. Hoes, mattocks, and their handles. (16) 26. Houses of wood or iron, complete. (17) 27. Hoes, common agricultural knives without their sheaths, scythes, sickles, harrows, rakes, shovels, pick-axes, spades and mattocks for agriculture. (66) 28. Henequen bags, on condition that they be used for subsequent exportation with Mexican products. (31) 29. Ice. (32) 30. Iron and steel made into rails for railways. (34) 31. Instruments, scientific. (68) 32. Ink, printing. (72) 33. Iron beams. (15) 34. Lime, hydraulic. (39) 35. Locomotives. (66) 36. Lithographic stones. (7, 46) 37. Masts and anchors, for vessels large or small. (41) 38. Marble in blocks. (42) 39. Marble in flags for paveinents not exceeding forty centime- ters in square and polished only on one side. (45) 40. Machines and apparatus of all kinds for industrial, agricult- ural and mining purposes, sciences and arts, and any sep- arate extra parts and pieces pertaining thereto. The extra or separate parts of machinery and the apparatus that may come united or separately with the machinery are included in this pro- vision, comprehending in this the bands of leather or rubber that serve to communicate movement, but only when imported at the same time with the machinery to which they are adapted. (48) 41. Metals, precious, in bullion or in powder. (5CI), 42. Money, legal of silver or gold, of the United States. (49) 43. Moulds and patterns for the arts. (51) 44. Is^aptha. (9) 45. Oats in grain or straw. (64) 46. Oars for small vessels. (5) 47. Plows and plowshares. (52) 48. Paper, tarred for roofs. (57) 49. Plants and seeds of any kind, not growing in the country, for cultivation. (58) 50. Pens of any metal not silver or gold. (59) 51. Petroleum, crude. (60) 52. Petroleum or coal oil and its products for illuminating pur- poses. « (62) 53. Powder, common, for mines. (10) 54. Quicksilver. (70) 55. Eags or cloth for the manufacture of paper. (67) 56. Eoof tiles of clay or other material. (11) 57. Sulphur. (13) 58. Stoves of iron for cooking and other purposes. (28) 59. Staves and headings for barrels. (33) 60. Soda, hyposulphite of. (43) 61. Steam engines. MEXICO, 1883. 717 (44) 62. Sewing machines. (61) 63. Slates for roofs and pavements. (65) 64. Sausages, large or small. (20) 65. Teasels of wire, mounted on bands for machinery, or vegeta- ble teasels. (35) 66. Tools and instruments of steel, [*] iron, brass, or wood, or composed of these materials, for artisans. (69) 67. Types, coats Of arms, spaces, rules, vignettes, and accesso- ries for printing of all kinds. (71) 68. Vegetables, fresh. (2) 69. Wire, telegraph, the destination of which will be proven at the respective custom houses by the parties interested. (3) 70. Wire of iron or steel for carding, from No. 26 and upwards. (4) 71. Wire, barbed, for fences, and the hooks and nails to fasten the same. (18) 72. Water pipes of all classes, materials and dimensions, not con siderihg as comprehended among them tubes of copper or , other metal that do not come closed or soldered with seam or with riveting iu all their length. (55) 73. Window blinds, painted or not painted. Aktiole III. The Government of the United States of Mexico, shall have the power to issue such laws, rules,t regulations, instructions and or- ders, as it may deem proper to protect its revenues and pre- t,}^u ifL'ar^'- vent fraud in order to prove that the merchandise included rSto"b''= ilZTi in the above schedule annexed to article second of this con- ^' '^^"°°' vention, are produced or manufactured in the United States of America, and therefore are entitled to importation free of duty, into the Mexican ports or such places on the frontier between Mexico and the United States of America, as are previously established aS ports of entry by the Government of Mexico. ''' ' ' The Government of the United States of Mexico shall have moreover the power to amend, modify, or amplify the laws and regulations issued in exercising the power conferred by this article, whenever it deems proper to do so in order to protect its revenues and prevent fraud. Aeticle IV. The Government of the United States of America shall have the power to issue such laws, rules, regulations, instructions and orders as it may deem proper to protect its revenues and prevent tioMTopmteareJ'. fraud, in order to prove that the merchandise included in the S' t't^ SS aboveschedule attached to thefirst article of this convention "y""' ""'""" ^•»''' are produced or manufactured in the United States of Mexico, and there- fore are entitled to importation, free of duty, into the ports of the United States of America or such places on the frontier between the United States of America and the United States of Mexico as are previously established as ports of entry by the Government of the United States of America. , ' The Government of the United States of America shall have more- over the power to amend, modify or amplify the laws and regulations * A protocol signed by the plenipotentiaries January i30, 1833, provided that the J^"d "steel" should be inserted in this article. ■ y,j_i •it'**^ »hichthoj previous- which thcy previously belonged. lybi^onged. j^ ^^ casc, howcvcr, shall this retained jurisdictional right affect or control the right of navigation common to the two countries under the stipulations of Article VII of the aforesaid Treaty of Guada- loupe Hidalgo; and such common right shall continue without prejudice throughout the actually navigable main channels of the said rivers, from the mouth of the Rio Grande to the point where the Eio Colorado ceases to be the international boundary, even though any part of the channel of said rivers, through the changes herein provided against, may be comprised within the territory of one of the two nations. Article VI. This convention shall be ratified by both parties in accordance with Rutincations thclr rcspcctivc constitutional procedure, and the ratifica- tions exchanged in the city of Washington as soon as pos- sible. In witness whereof the undersigned Plenipotentiaries have hereunto set their hands and seals. Done at the city of Washington, in duplicate, in the English and Spanish languages, this twelfth day of November, A. D. 1884. [SEAL.J FrED'K T. FrELINGHUYSEN. [seal.] M. Eomero. 1885. ADDITIONAL ARTICLE TO THE CONVENTION PROVIDING FOR COMMER- CIAL RECIPROCITY OP JANUARY 20, 1883, EXTENDING THE TIME ORIGI- NALLY FIXED FOR THE APPROVAL OF THE LAWS NECESSARY TO CARRY IT INTO OPERATION. Concluded February 25, 1885 ; ratifications exchanged at Washington No- vember 27, 1885; proclaimed May 4, 1886. The United States of America and ihe United States of Mexico, deem- ing it expedient to extend the time for the approval of the laws neces- MEXICO, 1885. 723 sary to carry into operation the Commercial Convention between the two Governments concluded at Washington, January 20, 1883, fixed in Article VIII., of said Convention, have agreed upon an additional ar- ticle and have appointed as their Plenipotentiaries : The President of the United States of America, Frederick T. Freling- huysen. Secretary of State of the United States of America, NeBotiatore and The President of the United States of Mexico, Matias Romero, Envoy Extraordinary and Minister Plenipotentiary of the United States of Mexico at Washington ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following article : ADDITIONAL ARTICLE. The time originally fixed in Article VIII. of the Commercial Conven- tion between the United States of America and the United Time rot the up- states of Mexico, concluded at Washington, January 20, JJ^r^'iSprfLTti!? 1883, for the approval of the laws necessary to carry it into 'ST'ift^^""'^'- operation, is hereby extended to May 20, 1886. ''"'"=''■' This additional article shall be ratified by the contracting Parties, in conformity with their respective < onstitutions and its rati- flcations shall be exchanged in Washington as soon as pos- "^"'''="">"= sihle. lu faith whereof we, the undersigned, iu virtue of our respective full powers, have signed the present additional article in duplicate, and have hereunto affixed our respective seals. Done at the City of Washington thi^ 25th day of February in the year of our Lord one thousand eight hundred and eighty-five. SEAL. SEAL. Fked'k T. Fbelinghtjysen. M. EOMBBO. MOROCCO. 1787.* TKEATY OF PEACE AND FEIENDSHIP Concluded January, 1787 ; ratified by the Continental Congress July 18, 1787. To all persons to whom these presents shall come or be made Tcnown : Whtreas the United States of America, in Congress assembled, by their commission bearing date the twelfth day of May, one thousand seven hundred andeighty-four, thought propertoconstitute John Adams, Benjamin Franklin, and Thomas 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 Plenipo- tentiary, 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 busi- ness' 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 us and the United States of Anl'erica'j ^Wichlfe' confirmed, a'lid which we have * See Notes : "Abrogated, suspended, or obsolete treaties." ' 724 MOROCCO, iw. 726 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- ban, in the year one thousand two hilndred, 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 Emperor', consent delivered to the Honorable Thomas Barclay, the agent of "'""""w 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, commis.ion8 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 ^^^^ ^^^ ^^^^_ 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 vessels to hare if the commander of a ship of war of either party shall have i""""""- 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 Right or search at is to be made, it shall be 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 capture* Amen- liberty, and the effects restored; and in like manner, if any '""^w be set free. Moor, not a subject of these dominions, shall make prize of any of ±he citizens of Ameri^g,., qr their effects, and bring them into anj of the ports of His Majesty, they shall be immediately released, as t'tey will then be considered as under His Majesty's protection. 726 TREATIES AND CONVENTIONS. Article VII. If any vessel of either party shall put into a port of the other, and Vessels in port to tavB occasioii for provisions or other supplies, they shall be be supplied. furnished without any interruption or molestation. Aeticle VIII. If any vessel of the United States shall meet with a disaster at sea, Vessels puttinj in ^nd put luto oue of our ports to repair, she shall be at lib- port to repair. gj,j.y jq j^j,^ ^^^ rc-load her cargo, without paying any duty whatever. Article IX, K 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 own- sh,pwreet.. ^^^ ^^^ ^^ ^^^ shall attempt going near her without their approbation, as she is then considered particularly under our protec- tion ; 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 compelled to land her cargo, biit shall remain in tranquillity until the commander shall think proper to proceed on his voyage. Article X, If any vessel of either of the parties shall have an engagement with ^Vessels ^enjaged^ 3, vcsscl belouglng to auy of the Christian Powers within m m jun-shot o gyjj.gjjQ^ 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 ves- Navif,ation.nt,me scls Sail fTom the ports of the United States, no vessel be- ofwar. longing to the enemy 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 Ships of »ar not to of our ports, shc shall not be examined on any pretence be ex»mined. whatcver, Bveu though she should have fugitive slaves on board, nor shall the governor or commander of the place compel them to be brought on shore on any pretext, nor require any payment for them. Article XIII. If a ship of ;(var of either party shall 'put into a port of the other and Ship, of war to be salutc, It shall be returned from the fort with an e(3(ual num- saiDted. ^ j^gj, Qf guns, not with more or less. MOROCCO, 1787. 727 Article XIV. The commerce with the United States shall be on the same footing as is the commerce with Spain, or as that with the most favored uoai f.vorod na- nation for the time being; and their citizens shall be re- "°° spected and esteemed, and have full liberty to pass and repass our coun- try and seaports whenever they please, without interruption. Article XV. Merchants of both countries shall employ only such interpreters, and such other persons to assist them in their business, as they p,iviiegeB or mer- 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. Iq case of a war between the parties, the prisoners are not to be made slaves, but to be exchanged one for another, captain for captain, officer for ofiftcer, and one private man for another; o„fr''Bta°°ime°ofwar; 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 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 TtwneKs or ...er- all sorts of 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 board, and to avoid all detention of vessels, no examination shall afterwards be made, unless it shall first be proved that »n!iS?d'brfom%e"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 obhged to take on board any article without the consent of y,,^^, „„, ,„ t, the commander, who shall be at full liberty to agree for the ^'■"'••""^ 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- settlement of "'""'■ Aeticle 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- ves»d» puuin! m erty to land and reload her cargo, without paying any duty p^'^^p^" whatever. Aeticle 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 owners, and no one shall attempt going near her without ^ ■pwrecks. 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. Aeticle 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 wSn'mnS^rt 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 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. Aeticle XI. If we shall be at war with any Christian Power, and any of our ves- sels sail from the ports of the United States, no vessel Navie^uon in tim= belonging to the enemy shall follow until twenty -four hours "'' ^"'■• 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. Aeticle 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 ship»of»arnotto whatever, even though she shpuld have fugitive slaves on «"""»'=''■ board, nor shall the governor or commander of the place compel them to be brought on shore on any pretext, nor require any payment for them. Article XIII. If a ship of war of either party shall put into a^port of the other, and salute, it shall be returned from the fort with an equal ship.ofvyartobe number of guns, not more or less. """'"' 732 TREATIES AND C0NVENTI0K«. Article XIV. The commerce with the United States shall be on the same footing as Mo.t favored „a- IS 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 coun- try and seaports whenever they please, without interruption. Article XV. Merchants of both countries shall employ only such interpreters, and Privileges of n.er- such othcr pcrsoDs to assist them in their business as they chants. 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 of pris- slavcs, but to bc cxcfaanged, one for another, captain for oner, in time of war. captalu, ofQccr for offlccr, arid 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 goflds Privileges of mer- but such as they shall think proper, and may buy and sell chants. ^Yl sorts of 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 Goods to be exam b*^^^*! i ^°^ to avoid all detcntiou of vessels, no examination med'leUe s6nt°on shall aftcrwards 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 per- son whatever shall be injured, nor shall the ship or cargo incur any pen- alty or damage whatever. Article XIX. 'No vessel shall be detained in port on any pretence whatever, nor be Vessels not to be obligcd to takc ou board any article without the consent of detained. ^jie commandcr, who shall be at full liberty to agree for the freight of any goods he takes on board. Article XX. I If any of the citizens of the United States, or any persons under their Settlement of dis pi'otection, shall have any dispute with each other, the Con- p«M'"™'='" Amf: sul shall decidebetween ttje 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. MOROCCO, 1836. '('6'6 Article XXI. If a citizen of tbe UDited States Bliould liill or wouud a Moor, or, on the contrary, if a Moor shall kill or wouud 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 answer- > able for him in any manner whatever. Aeticle XXII. If an American citizen shall die in our country and no will shall ap- pear, the Consul shall take possession of his effects; and if Estate, of de- 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 fjerson 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 sea- port of our dominions that they shall think proper, and they com»i» \«i their 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- 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 shall break out between the parties, nine months shall be granted to all the sub- jects of both parties to dispose of their effects and retire with their prop- erty. 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 j,„^,j;„„„f„j^, continue to be binding on both parties, until the one shall """"°"° "°"^ give twelve months' notice to the other of an intention to abandon it; in which case its operations shall cease at the end of the twelve months. Consulate of the United States of America Foe the Empire of Morocco. To all whom it^may concern. Be it Tctiown. Whereas the un designed, James E-Efeib', a citizen of the United States of North America, and now their resident Consul at Tangier, 734 TREATIES AND CONVENTIONS. 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 ad- vice and consent of the Senate. In testimony whereof I have hereunto afflxed 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. [SBAii.] James E. Leib. 1865. CONVENTION* BETWEEN THE UNITED STATES, AUSTRIA, BELGIUM, FRANCE, GREAT BRITAIN, ITALY, THE NETHERLANDS, PORTUGAL, SPAIN, AND SWEDEN AND NORWAY, ON THE ONE PART, AND THE SULTAN -OF MOROCCO, ON THE OTHER PART, CONCERNING THE AD- MINISTRATION AND UPHOLDING OF -THE LIGHTHOUSE AT CAPE SPARTEL. Concluded May 31, 1865; ratifications exchanged at Tangier February 14, 1867 ; proclaimed 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 conven- tion, and have for this purpose appointed their Plenipotentiaries, to wit : His Excellency the President of the Eepublic of the United States; Jesse Harlan McMath, esquire, his Consul-General near his Ne^ouator.. j^ajegty the Sultan of Morocco; His Majesty the Emperor of Austria, King of Hungary andof Bohemia: Sir John Hay Drummond Hay, commander of the very honorable Order of the Bath, his General Agent ad interim near his Majesty the Sultan of Morocco; His Majestythe 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 Nichan Eftikhar of Tunis, his Consul-General for the west coast of Africa; Her Majesty the Queen of Spain: Don" Francisco Merry y Oolom, " Translation. The original convention is in the French and Arabic languages. MOROCCO, 1865. YcJO Grand Cross of the Order of Isabella the Catholic, knight of the Order of St. John of Jerusalem, decorated witli the Imperial Ottoman Order of Medjidie of the 3d class, officer of the Order of the Legion of Honor, ber Minister Kesident near his Majesty the Sultan of Morocco ; His Majesty the Emperor of the French: Auguste Louis Victor, Baron Aym6 d'Aquin, officer of the Legion of Honor, commander of the Order of Francis the JTirst of the Two Sicilies, commander 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 Kesident near his Majesty the Sultan of Morocco; His Majesty the King of Italy : Alexander Verdinois, knight of the Order of St. Maurice and Lazarus, Agent and Uonsul-General of Italy near His Majesty the Sultan of Morocco; His Majesty th« King of the Netherlands: Sir John Hay Drummond Hay, commander of the very honorable Order of the Bath, Acting Consul-General of the Netherlands in Morocco ; His Majesty the King of Portugal and the Algarves: Jos6 Daniel Cola90, 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 Scherifieune, having, in an interest of humanity, ordered the construction, at the expense of the Government of Mo- rocco, of a light- house at Cape Spartel, consents to devolve, the 'ishlto'u™ « throughout the duration of the present convention, the su- °'"""'>'"'*'- perior 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 either of war or commerce, the expenses necessary for up- j^e eiptnse. oi holding and man^jging the light-house shall be borne by the ■"■"■"<8«""=°«- contracting Powers by means of a-n annual contribution, the quota of which shall be alike for all of them. Jf, 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. 736 TREATIES AND CONVENTIONS. Akticle III. The Sultan will furnish for security of the light-house a guard, com- Guarrtfortheiiiht. 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. Aeticle IV. The representatives of the contracting Powers, charged in virtue of superratende-ceof Artlcle I of the prcscut conveution, with the superior direc- the establishment, ^j^q^ j^nd 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, Durstion of con- wlthlu SIX mooths of the expiration of this term, none of the vention. jjigjj coutractiDg parties should, by oflcial 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 year more, and so from year to year^ until due notice. Aeticle VI. The execution of the reciprocal engagements contained in the present E.ecntion of the conveutiou IS subordiuatcd, so far as needful, to the accom- enEatements hereof, piighmcnt of tho forms aud regulations established by the constitutional laws of those of the high contracting Powers who are held to ask for their application thereto, which they bind themselves 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. In faith whereof the respective Plenipotentiaries have signed and afiSxed thereto the seals of their arms. 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. SEAL. SEAL." SEAL.' SEAL." SEAL.' SEAL.' SEAL. SEAL, SEAL. SEAL. SEAL.' Jesse H. MoMath. J. H. Deummond Hay. Ernest Daluin. Francisco Meeey y Colom. Ayk^ D'Aquin. J. H. Deummond Hay. Alex're Vbrdinois. J. H. Drtjmmond Hay. JosiS Daniel Colaqo. S. D'Ehrenhoff. [Signature of Sid Mohammed Bargash, in Arabic] 737 1880. CONTENTION* BETWEEN THE UNITED STATES, AUSTRIA, BELGIUM, DEN- MARK, GEEMANY, FRANCE, GREAT BRITAIN, ITALY, MOROCCO, THE NETHERLANDS, PORTUGAL, SPAIN, AND SWEDEN AND NORWAY, FOR THE ESTABLISHMENT OF THE EIGHT OF PROTECTION IN MOROCCO. Concluded July 3, 1880 ; ratifications of a majority of the signatory powers exchanged at Tangiers May 1, 1881 ; ratification of the United States delivered to Minister for Foreign Affairs of Morocco March 9, 1882 ; pro- claimed December 21, 1881. • [Translation.] His Excellency the President of the United States of America ; His Majesty the Emperor of Germany, King of Prussia ; His Majesty the Emperor of Austria, King of Hungary; His Majesty the King of the Belgians 5 His Majesty the King of Denmark; His Majesty the King of Spain ; His Excellency the President of the French Eepublic ; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland; His Majesty the King of Italy ; His Majesty the Sultan of Morocco ; His Majesty the King of the Netherlands; His Majesty the Kiog of Portugal and the Algarves ; His Majesty the King of Sweden and Nor- way; Having recognized the necessity of establishing, on fixed and uniform bases, the exercise of the right of protection in Morocco, and of settling certain questions connected therewith, have appointed as their pleni- potentiaries at the conference assenibled for that purpose at Madrid, to wit: His Excellency the President of the United States of America, Gen- eral Lucius Pairchild, Envoy Extraordinary and Minister , . Plenipotentiary of the United States near his Catholic Majesty ; His Majesty the Emperor of Germany, King of Prussia, Count Eber- hardt de Solms-Sonnewalde, Knight Commander of the first class of his Order of the Eed Eagle with oak leaves. Knight of the Iron Cross, etc., etc., his Envoy Extraordinary and Minister Plenipotentiary near His Catholic Majesty ; His Majesty the Emperor of Austria, King of Hungary, Count Eman- uel Ladolf, his Privy Councillor in actual service. Grand Cross of the Imperial Order o.f Leopold, Knight of the first class of the Order of the Iron Crown, etc., etc., his Envoy Extraordinary and Minister Plenipo- tentiary near His Catholic Majesty ; His, Majesty the King of the Belgians, Mr. Edward Anspach, Officer of his Order of Leopold, etc., etc., his Envoy Extraordinary and Min- ister Plenipotentiary near his Catholic Majesty ; His Majesty the King of Spain, Don Antonio C^novas del Castillo, Knight of the distinguished Order of the Golden Fleece, etc., etc., President of his Council of Ministers; His Excellency the President of the French Eepublic, Vice- Admiral Jaurfes, Senator, Knight Commander of the Legion of Honor, etc., etc., Ambassador of the French Eepublic near His Catholic Majesty; Her Majesty the Queen of the United Kingdom of Great- Britain and Ireland, the Honorable Lionel Sackville Saickville West, her Envoy Extr aordinary and Minister Plenipotentiary near His Catholic Majesty * Translation. The original convention is in the French language. 3769 TB 47 738 TREATIES AND CONVENTIONS. who is likewise authorized to represent His Majesty the King of Den- mark; His Majesty the King of Italy, Count Joseph Greppi, Grand OflBcer of the Order of Saint Maurice and Saint Lazarus, of that of the Crown of Italy, etc., etc., his Envoy Extraordinary and Minister Plenipoten- tiary near His Catholic Majesty; His Majesty the Sultan of Morocco, the Taleb Sid Mohammed Vargas, his Minister of Foreign Affairs and Ambassador Extraordinary; His Majesty the King of the ^Netherlands, Jonkheer Maurice de Heldewier, Commander of the Eoya.1 Order of the Lion of the !Nether- lands. Knight of the Order of the Oaken Crown of Luxemburg, etc., etc., his Minister Resident near His Catholic Majesty; His Majesty the King of Portugal and the Algarves, Count de Casal Eibeiro, Peer of the Eealm, Grand Cross of the Order of Christ, etc., etc., his Envoy Extraordinary and Minister Plenipotentiary near His Catholic Majesty ; His Majesty the King of Sweden and Norway, Mr. Henry Akerman, Knight Commander of the first class of the Order of Wasa, etc., etc., his Minister Eesident near His Catholic Majesty; Who, in virtue of their full powers, recognized as being in good and due form, have agreed upon the following articles: Article 1. The conditions under which protection may be conceded are those Conditions or pro- cstablished in the British and Spanish treaties with the Motion. Government of Morocco, and in the convention made be- tween that Government, France and other powers in 1863, with the modifications introduced by the present convention. Article 2. Foreign Eepresentatives at the head of a Legation may select their interpreters and employees from among the subjects of employees of the Morocco Or othors. ea so legations. Thcsc protcctcd pcrsons shall be subject to no duty, im_ post or tax whatever, other than those stipulated in articles 12 and 13' Article 3. Consuls, Vice consuls or Consular Agents having, charge of a post, Consuls' employees ^^^ resldiug withlu thc tcrrltory of the Sultan of Morocco, onsns empoyees. gj^a^jg ^Uowed to sclcct but ouc iutcrpretcr, one soldier and two servants from among the subjects of the Sultan, unless they may require a native secretary. These protected persons shall, in like manner, be subject to no duty, impost or tax whatever, other than those stipulated in articles 12 and 13. Article 4. * If a Eep resentative shall appoint a subject of the Sultan to the office sobectsof loro co ^^ Cousular Agcut in a town on the coast, such agent shall nsnit2dstates"on° bc rcspcctcd and honored, as shall the members of his sniar agents. family occupyiug tho same dwelling with him, and they, like him shall be subject to no duty, impost or tax whatever, other than those stipulated in articles 12 and 13; but he shall not have the right to protect any subjects of the Sultan other than the members of his own family. MOEOCCO, 1880. 739 He may, however, for the exercise of his functions, have a protected soldier. Officers in acting charge of Vice Consulates being subjects of the Sultan, shall, during the exercise of their functions, enjoy the same rights as Consular Agents who are subjects of the Sultan. Article 5. The Government of Morocco recognizes the right of Ministers, Charges d' Affaires and other Eepresentatives, which is granted to ,1,,^^ ^r aip,„. them by treaties, to select the persons whom they employ, '"°"° °'"°°"- either in their own service or that of their governments, unless such persons shall be sheiks or other employees of the Government of Mo- rocco, such as soldiers of the line or of the cavalry, excepting the Ma- ghaznias appointed as their guard. In like manner they shall not be permitted to employ any subject of Morocco who is under prosecution. It is understood that civil suits commenced before protection, shall be terminated before the courts which have instituted such proceedings. The execution of the sentence shall suffer no avuu.t., hindrance. Nevertheless, the local authorities of Morocco shall take care to communicate, without delay, the sentence pronounced, to the Legation, Consulate or Consular Agency upon which the protected per son is dependent. As to those persons formerly protected, who may have a suit which was commenced before protection was withdrawn from them, their case shall be tried by the court before which it was originally brought. The right of protection shall not be exercised towards persons under prosecution for an offense or crime, before they have been persons under ^re- tried by the authorities of the country, or before their sen- 'c>"ionforoff™e.. tence, if any has been pronounced, has been executed. Article 6. Protection shall extend to the family of the person pro- p„,tecti™ extends tected. His dwellinig shall be respected. tofamiir. It is understood that the family is to consist only of the wife, the children, and the minor relatives dwelling under the same roof. Protection shall not be hereditary. A single exception, which was established by the convention of 1863, but which is not to create a pre- cedent, shall be maintained in favor of the Benchimol family. Nevertheless, if the Sultan of Morocco shall grant another exception, each of the contracting powers shall be entitled to claim a similar con- cession. Article 7. Foreign representatives shall inform the Snltsir's Minister i,„eisn represent of Foreign Affairs, in writing, of any selections of an em- ^^'^ ^? J™* ployee made by them, protectej by them. They shall furnish annually to the said Minister a list of the names of the persons protected by them or by their Agents throughout the States of the Sultan of Morocco. _ This list shall be transmitted to the local authorities, who shall con- sider as persons enjoying protection only those whose names are con- tained therein. 740 TREATIES AND CONVENTIONS. Aeticle 8. Consular officers shall transmit each year to the authorities of the dis- con.ui»roffi™r.to trfct lu which thoj TCside a list, bearing their seal, of the M,S''VroSc°te°d''b? persons protected by them. These authorities shall trans- tb.m. jjjji; it ^0 jj^Q Minister of Foreign Affairs, to the end that, if it be not conformable to the regulations, the Eepresentatives at Tangier may be informed of the fact. A consular officer shall be required to give immediate information of any changes that may have taken place among the persons protected by his Consulate. Aeticle 9. Servants, farmers and other native employees of native secretaries 'crtainpersonsnot ^ud Interpreters shall not enjoy protection. The same shall protected. ^jg ^^g gg^gg ^j|;}j Moorish employces or servants of foreign subjects. Nevertheless, the local authorities shall not arrest an employee or servant of a native officer in the service of a Legation or Consulate, or of a foreign subject or protected person, without having notified the authority upon which he is dependent. If a subject of Morocco in the service of a foreign subject shall kill or wound any person, or violate his domicile, he shall be ar- ""■"«>■ rested immediately, but the diplomatic or consular author- ity under which he is shall be notified without delay. Aeticle 10. Nothing is changed with regard to the situation of brokers, as estab- lished by the treaties and by the convention of 1863, except Broker.. -flriiat Is stipulatcd, relative to taxes, in the following articles. Article 11. The right to hold property is recognized in Morocco as belonging to all foreigners. Privileges of for- Thc purchasc of property must take place with the pre- tiT'^sJi to°i°rop°. vious consent of the Government, and the title of such prop- "^^- erty shall be subject to the forms prescribed by the laws of the country. Any question that may arise concerning this right shall be decided according to the same laws, with the privilege of appeal to the Minister of Foreign Affairs stipulated in the treaties. Article 12. Foreigners and protected persons who are the owners or tenants of cultivated land, as well as brokers engaged in agriculture, A„,cuiturauaz. ^j^^jj ^^^ ^-^^ agrlcultural tax. They shall send to their Consul annually, an exact statement of what they possess delivering into his hands the amount of the tax. He who shall make a false statement, shall be fined double the amount of the tax that he would regularly have been obliged to pay for the property not declared. In case of repeated offense this fine shall be doubled. MOEOCCO, 1880. 741 The nature, methcid, date and apportionment of this tax shall form the subject of a special regulation between the Eepresentatives of the Powers and the Minister of Foreign Affairs of His Shereeflan Majesty. Article 13, Foreigners, protected persons and brokers owning beasts of burden shall pay what is called the gate-tax. The apportionment gm-uz and the manner of collecting this tax which is paid alike by foreigners and natives, shall likewise form the subject of a special regu- lation between the Eepresentatives of the Powers and the Minister of Foreign Affairs of His Shereeflan Majesty. The said tax shall hot be increased without a new agreement with the Eepresentatives of the Powers. Article 14. The mediation of interpreters, native secretaries or soldiers of the different Legations or Consulates, when persons who are ^^^.^^^^ „, ^^ not under the protection of the Legation or Consulate are ce^onSioMSrid concerned shall be admitted only when they are the bearers °°°"''""- of a document signed by the head of a mission or by the consular au- thority. Article 15. Any subject of Morocco who has been naturalized in a foreign country, and who shall return to Morocco, shall after having s^t„„ ^f , ,„t. remained for a length of time equal to that which shall have l", bee""aSSed been regularly necessary for him to obtain such naturaliza- ionfc^j" country. tion, choose between entire submission to the laws of the Empire and the obligation to quit Morocco, unless it shall be proved that his natu- rahzation in a foreign country' was obtained with the consent of the Grovernment of Morocco. Foreign naturalization heretofore acquired by subjects of Morocco according to the rules established by the laws of each country, shall be continued to them as regards all its effects, without any restriction. Article 16. No irregular or unoflBicial protection shall be granted in future. The authorities of Morocco will recognize no protection, of any spirrwiar or un- kind whatever, save such as is expressly provided for in this »ai=i»ii"^'«'i<>°- convention. Nevertheless, the exercise of the customary right of protection shall he reserved for those cases only in which it may be desired p„tection n.der to reward signal services rendered by a native of Morocco «"»"=»«»• to a foreign power, or for other altogether exceptional reasons. The Minister of Foreign Affairs at Tangier shall be previously in- formed of the nature of the services, and notified of the intention to reward them, in order that he may, if need be, present his observations thereon; yet the final decision shall be reserved .for the Government to which the service shall have been rendered. The number of persons thus protected shall not exceed twelve for each power, and this number is fixed as the maximum unless the con- sent of the Sultan shall be obtained. 742 TREATIES AND CONVENTIONS. The" status of persons who have obtained protection in virtue of the custom which is henceforth to be regulated by this stipulation shall be without limitation of the number of persons belonging to this class and now so protected, the same for themselves and their families as that which is established for other protected persons. Aetiole 17. The right to the treatment of the most favored nation is recognized Mo»t favored »a- ^Y Morocco as belonging to all the powers represented at '■''"'■ the Madrid conference. Aeticle 18. KatiJicationa. This convention shall be ratified. The ratifications shall be exchanged at Tangier with as little delay as possible. By exceptional consent of the high contracting parties the stipula- tions of this convention shall take effect on the day on which it is signed at Madrid. In faith whereof the respective plenipotentiaries have signed this con- vention, and have thereunto afhxed the seals of their arms. Done at Madrid, in thirteen originals, this third day of July, one thousand eight hundred and eighty. SEAL.] Lucius Paikchild. SEAL.] E. DE SOLMS. SBAL.J E. LUDOLP. SEAL.' ANSPACH. SEAL.] A. OInOTAS del CASTILLO. SEAL. jAUEilS. SEAL.] L. S. SAOKVILLE WEST. SEAL.] J. GEEPPI. SEAL.] Mohammed Vaegas. (iicwrs.) SEAL.] HELDEWIBE. SEAL.] OASAL EiBIEEO. SEAL.] AkEEMAN. Begulations * relative to protection adopted iy common consent iy the Legation of France and the Government of Morocco, August 19, 1863, referred to in. Article, 10. Protection is individual and temporary. / It consequently does not in general apply to the relatives of tlie person protected. It may apply to his family, that is to say, to his wife and children living under the same roof. It lasts at the longest for a person's lifetime and is never hereditary, with the single exception of the Benchimol family, which has furnished for several genera- tions and still furnishes persons who act in the capacity of Brokers and interpreters for the post at Tangiei;. Protected persons are divided into two classes. The iirst class comprises natives employed by the Legation and by the various French consular officers. The second class consists of native factors, brokers, or agents, employed by French merchants for their business affairs. It is proper here to refer to the fact that the term merchant is only applied to a person carrying on the import or export trade on a large scale, either in his own name or as the agent of others. The number of native brokers enjoying French protection is limited to two for each commercial house. By way of exception commercial firms having establishments in different ports may have two brokers attached to each of these establishments, who may as such enjoy French protection. ' Translated from the French. MOROCCO, 1880. 743 French protection is not extended to natives employed by French citizens in agri- cultural occupations. Nevertheless, in consideration of the existing state of things, and by agreement with the authorities of Morocco, the benefit of the protection which has hitherto been granted to the persons referred to in the foregoing paragraph shall be extended to the said persons for two months from the first of September next. It is, moreover, understood that' agricultural laborers, herdsmen, or other native peasants, in the service of French citizens shall not be legally prosecuted without im- mediate information thereof being communicated to the competent consular officer, in order that the latter may protect the interests of his countrymen. The list of all protected persons shall be delivered by the proper consulate to the competent magistrate of the place, who shall likewise be informed of any changes that may subsequently be made in the said list. Each protected person shall be furnished with a card in Frijnoh and in Arabic, men- tioning his name and stating the services which secure this privilege to him. All these cards shall be issued by the Legation of France at Tangier. Tangiek, Aug. 19, 1863 MUSCAT. 1833. TREATY OF AMITY AND COMMERCE. Concluded September 21, 1833 ; ratifications exchanged ^t Muscat Septem lerSO, 1835; proclaimed June 24, 1837. Article I. Perpetual peace. There shall be a perpetual peace between the United States of America and Seyed Syeed Bin, Sultan, and his dependencies. Article II. The citizens of the United States shall have free liberty to enter al^ ,„. , the ports of His Majesty Seyed Syeed Bin, Sultan, with Citwena of United .,. /.-i, i.-»n •-■ sMes^wenter^aii their cargocs, of whatever kind the said cargoes may con- Ln S th8ir° cl^ sist ; and they shall have liberty to sell the same to any of the subjects of the Sultan, or others who may wish to buy thp same, or to barter the same for any produce or manufactures of the kingdom, or other articles that may be found there. No price shall be fixed by the Sultan, or his oflcers, 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 ex- change, 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 reMeis^offiunit^d the cargo landed; and this shall be in fall 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. 744 MUSCAT, 1833. 745 Article IV. The American citizen shall pay no other duties on export Anencns to psjr or import, tonnage, license to trade, or other charge what- Zft'^'a^I'd".* soever, than the nation the most favoured shall pay. "°"'- 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 wreck shall be taken care of and hospitably entertained, at wrected'"™!^'.'"? 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 citi2;ens of the United States resorting to the ports of the Sultan for the purpose of trade shall have leave to land and reside America mi,- in the said ports without paying any tax or imposition what- fS ""' "" '" ever 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 cnhm, of united of the Sultan, the persons shall be set at liberty, and the S"to'S™tauili: property restored to the owner, if he is present, or to the "''■ 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 vessels or the s»i- rateof duties or other charges than the nation the most d'„°,ie°s''ij u„^'tVd favoured shaU pay. v±' nSa"""" "■ Article IX. The President of the United States may appoint Consuls to reside in the ports of the Sultan where the principal commerce shaU president orumted be carried on, which Consuls shall be the exclusive judges Sui^'ThSTd"' of all disputes or suits wherein American citizens shall be "*''■ 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 prop- erty 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. 746 TREATIES AND CONVENTIONS. 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 U nited States of America, corresponding to the sixth day of the moon, called lamada Alawel, in the year of the AUhajra (Hegira) one thousand two hundred and forty-nine. [SEAL,] Edmund Egberts. 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 the 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. Ratification. , ,. , Viii- ^ • -, •' 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 United States. Done at the Eoyal Palace, in the city of Muscat, in the Kingdom of Aman, on the twenty-first day of Septejnber, 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 lamada Alawel, in the year of AUhajra (Hegira) one thousand two hundred and forty-nine. Edmund Egberts. NASSAU. 1846.* CONVENTION FOR THE MUTUAL ABOLITION OF THE DROIT D'AUBAINE AND TAXES ON EMIGRATION. Ooneluded May 27, 1846; ratifications exchanged at Berlin October 13, 1846; proclaimed January 6, 1847. Tlie United States of America and His Eoyal Highness the Duke of Nassau, 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 [Jnited States of America has conferred full powers on Henry Wheaton, their Envoy Extraordinary and Minister Plenipotentiary at the JBoyal Court of Prussia, and "egofator. His Eoyal Highness the Duke of Nassau upon his Minister Eesident at the Eoyal 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 full powers, found in due and proper form, have agreed to and signed the following articles: Article .1. Every kind of droit d'aubaine, droit de retraite, and droit de detrac- tion or tax on emigration is hereby and shall remain abol- Droit d'aubaina ished between the two contracting parties, their States, citi- "'«'"">='"• 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 Heir,toreaiprop. laws of the land, descend on a citizen or subject of the other, S^samnnd'^iti" were he not disqualified by alienage, such citizen or subject 'i™«'i>e proceeds, shall be allowed a term of two years to sell the same — -which terra may be reasonably prolonged according to circumstances — and to withdraw the proceeds thereof without molestation, and exempt from all duties of detraction. *See notes: "Abrogated, saspoiidecl, or obsolete treaties." 747 748 TREATIES AND CONVENTIONS. Aeticle III. The citizens or subjects of each of the contracting parties shall have Citizens and Bub P^"^®^ to disposc of thclr personal property, within the States mrE"'lF ""'^ ^^ *^® other, by testament, donation, or otherwise, and their will i^Mherwi'e^ hcirs, legatccs, and donees, being citizens or subjects of the erS'in tK°tatS°M othcr contractiug party, shall succeed to their said personal the other. Duties , tj^i • j_i j? -j.! tT at to,^be the .ame as propBrty, aud may take possession thereoi, either by them- "" ''' '°'"'""°"- selves, 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. In case of the absence of the heirs, the same care shall be taken, pro- Property of absent visioually, of such Tcal Or personal property, as would be ^'"'- 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 in- Disputestobeset- hcntance, they shall be decided, in the last resort, accord- tied by local laws. jQg ^q ^jjg jg_^g g^j,^ -j^j thc judgcs of thc couutry where the property is situated. Article VI. stipulation of pres- All tho stlpulatlons of the present convention shall be ob- nroiy™w°propert'y Ugatory lu rcspcct to property already inherited or be- but "uM^y'ewi'ih- queathcd, but not yet withdrawn from the country where drawn. .j^jjg game is situated, at the signature of this convention. 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 con- sent of their Senate, and of His Eoyal Highness the Duke of Nassau, and the ratifications thereof shall be exchanged at Berlin, RatiBcations. ^i^jjiQ ^^jg tcrm of twclvc mouths from the date of the sig- 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 afQxed their seals. Done in triplicala, in the city of Berlin, on the 27th day of May, one thousand eight hundred and forty-six, in the 70th year of the Indfepend- ence of the United States of America and the seventh of the reign of His Eoyal Higbiiess the Duke of Nassau. SEAL.] Henry Whbaton. SEAL.] Otto "Wilhelm Carl v. Boeder. NETHEELANDS. 1782.* TREATY OF AMITY AND COMMERCE Concluded October 8, 1782; ratified by the Continental Congress January 23, 1783; proclaimed Jamuary 23, 1783. Their High Mightinesses the States General of the United Nether- lands and the United States of America, to wit, Hew Hampshire, Mas- sachusetts, Ehode Island and- Providence Plantations, Connecticutt, New York, New Jersey, Pennsylvania, Delaware, Maryland, Tirginia, 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 per- fect .equality and reciprocity for the basis of their agreement, and by avoiding all those burdensome preferences 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 by founding the advantages of commerce solely upon reciprocal utility and the just rules of free intercourse; reserving withal to each party the liberty of adinitting 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 Dele- gate 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 1. There shall be a firm, inviolable, and universal peace and sincere friendship between their High Mightinesses the Lords the Beckration oi States General of the United Netherlands and the United °°''"- States of America and between the subjects and inhabitants of the said parties, and between the countries, islands, cities, and places situ- ated under the jurisdiction of the said United Netherlands and the said United States of America, their subjects and inhabitants, of every de- gree, without exception of persons or places. 'See Notes: "Abrogated, suspended, or obsolete treaties." 749 750 TREATIES AND COISTVENTIONS. AETIOLB II. The subjects of the said States General of the United Netherlands Subjects of United shall pay in the ports, havens, roads, countries, islands, pe""™! p?". cities, or places of the United States of America, or any of smeVM'the''mo8t theDtt, uo othcr nor greater duties or imposts, of whatever favorednation. naturc Or deuomination 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 a^nother 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. Aeticle III. The subjects and inhabitants of the said United States of America Citizens of United shall pay iu the ports, havens, roads, countries, islands, laml'priiiieS'in oltles. Or placcs of the said United Netherlands, or any of ?e°thonSM''ravo?ed them, HO othcr nor greater duties or imposts, of whatever nation. uaturc 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 excemptions 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 theii; sub- jects and inhabitants, shall leave to those of their High Mightinesses the peaceable enjoyment of their rights in the countries, islands, and seas, in the Bast and West Indies, without any hindrance or molesta- tion. Article IV. There shall be an entire and perfect liberty of conscience allowed to Libert of n ^^® subjccts Bud Inhabitants of each party, and to their science' 'aec°nrcd°°to famllics I aud uo ouc shall be molested in regard to his wor- the citizens of each ,. 'jii i •!_ j_j.i if j i. i.' n partem the other's ship, providcd he submits, as to the public demonstration or 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 thev shall be interested. Article V. Their High Mightinesses the States General of the United Nether- lands and the United States of America shall endeavor, tec° vSe'rof X" by all the means in their power, to defend and protect all °onMo°rc.t'oro°them vcssells 3,11(1 othcr eftccts, belonging to their subjects and w cSnvoy Srcmam inhabltauts, 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. 751 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 block[ad]ed, 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 violence of the common enemy, in the same manner as they ought to protect and defend the vessells be- longing to their own respective subjects. Aeticle VI. The subjects of the contracting parties may, on one side and on the other, in the respective countries and States, dispose of their citene of either effects by testament, donation, or otherwise ; and their heirs, Se'Srv-mTot" subjects of one of the parties, and residing in the country of '"'''""■ the other, or elsewhere, shall receive such successions, even ab intestato, 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 Regulation, con. minors may govern, direct, administer, sell, and alienate the "™i°ethe»»me. 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 fullflU 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 guar- dians, tutors, curators, by testament, codicil, or other legal instrument. Aetiole VII. It shall be lawfull and free for the subjects of each party suwectB or e.ch to employ such advocates, attorneys, notaries, solicitors, or S?' advocate™*' factors as they shall judge proper. they think proper. Article VIII. Merchants, masters and owners of ships, mariners, men of all kinds, ships and vessells, and all merchandizes and goods in gen- vessou not to be eral, and effects of one of the confederates, or of the subjects ^^'^'"'"'■ 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 force any- thing Irom the subjects of the other party, without the consent of the owner; which, .however, is not to be understood of seizures, detentions, and arrests which shall be made by the command and authority of jus- tice, 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 justice. 752 TREATIES AND CONVENTIONS. Abticlb IX. It is further agreed and concluded that it shall be wholly free for all merchants, commanders of ships, and other subjects and in- 8608 of mVnaLn in habitants of the contracting parties, in every place subjected otheMn'&e.s'a^ to the jurisdictiou of the two Powers respectively, to manage 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, on 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- comfoB from 'an'en' gato frecly towards any port of an enemy of the other ally: fft'eaSSsIaBdj Thcy shall be, nevertheless, held, whenever it shall be re- go?dB°.°r° V/boMd, quired, to exhibit, as well upon the high seas as in the ports, sMipasB. their sea-letters and other documeBts 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 contra- band goods for an enemy's port, they may freely, and without hindrance, pursue their voyage towards the port of an enemy. ^Ifevertheless, it shall not be required to examine the papers of vessells convoyed by vessells ot war, but credence shall be given to the word of the officer who shall con- duct 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 i„fS,iln°Lnt°S^i other party shall discover there are any of those sorts of (foodB are discovered, g^^^g whlch ETO dcclarcd prohlbitcd and contraband, and that they are consigned for a port underthe 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 a,dmiralty, 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 infected by 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 papets that he who has taken and carried in the ves- sell has been able to discover any there, he ought to be condemne4 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. 753 assure the liberty of the effects with which they shall be loaded, aiid that this liberty shall extend itselff equally to the persons who shall be found in a free vessell, who may not be taken out of her, unless they are military men actually in the service of an enemy. Article XIL On the contrary, it is agreed that whatever shall be found to be laden by the subiects and inhabitants of either party, on any ship , »', • •l j_i • _o ii 1.1 A 1.1 • 1 • J. Goods found in ftn belongmg to the enemies of the other, or to their subiects, enemy, ship liabio 111 1 •!. 1 J. i_ J- J 3 1.1- 1. e 1 •! to be confiacated, un- although it be not comprehended under the sort of prohib- lessputon boardbo- ,, t -t ,1 IT 1 n i-i«jT fore declaration of itedgoods, the whole may be confiscated in the same manner "ar or mibm >a 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 lawfnll 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 party, that they do not suffer molestation vesaeis or »oror from the vessells of war or privateers of the other party, it SftTeuierVr" shall be forbidden to all commanders of vessells of war and p^ii8he'd°Ld°'makl 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 ofience 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 orflttersout of vessells armed for war, under commis- ^^ ^^^^^^ .^^ sion and on account of private persons, shall beheld, before teera''tr'g°ve*5X their departure, to give sufficient caution, before competent j^"f™3ftf3' "'"° j udges, 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, navigat- ing the high seas •without requisite commissions, shall be fromJir'aJ.Yo'be re- brought into 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 ep- 3769 TR 48 754 TREATIES AND CONVENTIONS. tire to the true proprietor as soon as due and sufficient proofs shall be made concerning the property thereof. Aeticle XVI. If any ships or vesseHs, belonging to either of the parties, their sub- jects, or people, shall, within the coasts or dominions of the Shipwrecks. other, stick upon the sands, or be wrecked, or suffer any 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 ves- sells, effects, and merchandizes, or the part of them which snail have been saved, or the proceeds of them, if, being perishable, they shall have been sold, being claimed within a year and a day 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 passpoi-ts, for their free and safe passage from thence, and to returne, each one, to his own country. Article XVII. In case the subjects or people of either party, with their shipping, whe. vesseiB, by whcthcr puWlc -Eud of war, or private and of merchants, be SVLceThS forced, through stress of weather, pursuit of pirates or ene- J?pw'cte'd^.»d''"6r°- mies, or any other urgent necessity for seeking of shelter milted to depart, j^ud harboup, 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 that, inca8e<.rwar,D,i,e Jf ^ War should brcak out between their- High Mightinesses Sen'; feZt, S the Statcs General of the United Netherlands and the S°°n'and°tr°anl"ort Uuitcd Statcs of AmeHca, there shall always be granted to their elTecta. the 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 hindrance, 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 declar- ation 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 fbr the offences which may have been given them, in the interval of the said terms, a compleat satisfaction shall be given them. NETHERLANDS, 1782. 755 AETIOLB XIX, No subject of their High Mightinesses the States General of the TJnited Netherlands shall apply for or take any commission ciKzMsor neither or letters of marque, for arming any ship or ships to act as Ssta^iVfette'i"™? privateers against the said United States of America, or any ""E'^Sh Km of them, or the subjects and inhabitants of the said United »"» "iter is at war. 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 Mighti- nesses, 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 ti^'^SofnZZ 1 , •ii'i .-1 Til- ■« T-i-ii the ports of either and not willing to unload their cargoes or break bulk, or P»rty. now to be 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 render 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 lib- erty of having, each in the ports of the other. Consuls, Vice- ubeny t„ ap„o,nt .Consuls, Agents, and Commissaries of their own appointing, "™''''- whose functions shall be regulated by x>articular agreement, whenever either party chases 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 France, as they were numbered in the same i^^eli^l'ZuLTy treaty, concluded the sixth of February, 1778, and which '""■''^""'"■ 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 France: Nor shall it hinder His Catholic Majesty from acceeding 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, tJ'"aid''fl,fua or Tripoli, or with any of them, to obtain passports for the SL with'TiTf security of their navigation in the Mediteranean Sea, their ''"^""'-"="- High Mightenesses promise that upon the requisition which the United 756 TREATIES AND CONVENTIONS. States of America shall make of it, they will second such negotiations in the most favorable manner, by means of their Consuls, residing near the said King, Emperor, and Eegencies. CONTEABAND. aeticle xxrv. The liberty of navigation and commerce shall extend to all sorts of merchandizes, excepting only those which are distinguished ^ what gooda shall -iii j?j.l_j T.J- i -i "j. t bo deemed toMra- uudcr the uamo of contraband, or merchandizes prohibited: And under this denomination of contraband and merchan- dizes prohibited, shall be comjirehended 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 interpretation whatever, ought they, or can they be comprehended un- der the notion of effects prohibited or contraband : so that all effects and merchandizes, which are not expressly before named, may, without any exception, and in perfect liberty, be transported by the subjects and inhabitants 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. Aktiole XXV. To the end that all dissention and quarrel may be avoided and pre- Regulations re- vcuted. It has bccu agreed, that in case that one of the two epecting passports, paftlcs happcus to bc 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 vessel], 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 jirovided 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, coiitaining a specification of the cargo, of the place fr6m whence the vessel departed, and of that of her destination, or, instead of all these, with certificates from the magistrates or governors of cities, places, NETHERLANDS, 1782. 757 and colonies from whence the vessell came, given in the usual form, to 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 lielong, 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. Aeticle XXVI. 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 Howewpsandres- a vessell of war, or privateer, or other armed vessell of the "JaSmMbySwft other party, the said vessells of war, privateers, or armed """P'^'wo"- 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 passporf, sea-letter, and other documents, shall be free to con- tinue her voyage, so that it shall not be lawful! 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 lawfuU for merchants, captains and commanders of ves- sells, whetherpublicandofwar,orprivateandofmerchants, ^^^|,^j ^^ ^^^_ belonging to the said United States of America, or any of chanwiramnS them, or to their subjects and inhabitants, to take freely into °mo° IE bIAwI II <' . -,■ 'i -1/111* 11 • secimen and others their service, and receive on board of their vessells, in any beionsmg m 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, aU 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, fhat neither on one side nor the other, they mary 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- ter? under the command of whom such persons may be found, will not of his own consent .discharge them from their service, upon pain of be- ing otherwise treated and punished as deserters. Akticle XXVIII. The affair of the refraction shall be regulated in all equity and jus- tice, by the magistrates of cities respectively, where it shall neguktion or » be judged that there is any room to complain in this respect. ''""''°°- 758 TREATIES AND CONVENTIONS. Article XXIX. The present treaty shall be ratified and approved by their High Ratiiicat on MightiDesses the States General of the United Netherlands, and by the United States of America; and the acts of rati- fication 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 ^ague the eight of October, one thousand seven hundred eighty-two. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL John Adams. Geoege Van Eandwyck. B. V. D. Santhetjvel. P. V. Bleiswyk. W. 0. H. Van Ltnden. D. J. Van Heeckeeen. Joan Van Ktjppelee. F: G: Van Dbdbm, tot den Odder. H: TjaSSENS. ANNEX TO THE TEEATY OF AMITY AND COMMEECE OF OCTOBEE 8, 1782. TJiefoiin of the passport which shall be given to ships and vessels in con- sequence of the 25th article of this treaty. To all who shall see these presents, greeting: Be it known that leave and permission are hereby given to -, master or commander of the ship or vessel called , of the burthen of tons, or thereabouts, lying at present in the port or haven of , bound for and laden with , to depart and proceed with his said ship or vessel on his said voyage, such ship or vessel having been visited, and the said master and commander having made oath before the proper officer that the said ship or vessel belongs to one or more of the subjects, people, or inhabitants of , and to him or them only. In witness whereof we have subscribed our names to these presents and affixed the seal of our arms thereto, and caused the same to be countersigned by , at , this day of , in < the year of our Lord Christ . Form of the certificate which shall ie given to ships or vessels in consequence of the 25th article of this treaty. We, , magistrates or officers of the customs of the city or port of , do certify and attest that on the day of , in the NETHERLANDS, 1782. 759 year of our Lord , G. D., of , personally appeared before us, and declared by solemn oath that the ship or vessel called , of tons or thereabouts, whereof , of '-, is at present master or commander, does, rightfully and proper[ly], belong to him or them only. That she is now bound from the city or port of to the port of . , laden with goods and merchandises, hereunder particularly de- scribed and enumerated as follows : In witness whereof we have signed this certificate and sealed it with the seal of our office this day of in the year of our Lord Christ . Form of the 8ea-Letter. Most Serene, Serene, most Puissant, Puissant, High, Illustrious, :Noble, Honorable, Venerable, "Wise and Prudent, Lords, Emperors, Kings, Eepublicks, Princes, Dukes, Earls, Barons, Lords, Burgomasters, Schepens, Councillors, as also Judges, OflB,cers, Justiciaries and Ee- gents of all the good cities and places, whether ecclesiastical or sec- ular, who shall see these patents, or hear them read : We Burgomasters and Regents of the city of make known that the master of appearing before us has declared upon oath that the vessell called ,of the burthen of about lasts which he at present navigates, is of the United Provinces, and that no subjects of the enemy have any part or portion therein, directly nor indirectly, so may God almighty help him. And as we wish to see the said master prosper in his law- ful affairs our prayer is to all the before mentioned, and to each of thems eparately, where the said master shall arrive, with his vessel and cargo, that they may please to receive the said master with goodness and to treat him in a becoming manner, permitting him, upon the usual tolls and expenses, in passing and repassing, to pass, navigate and frequent the ports, passes and territories to the end to transact his business, where, and in what manner he shall judge proper : whereof we shall be willingly indebted. In witness and for cause whereof we affix hereto the seal of this citty. (In the margin :) By ordinance of the High and Mighty Lords, the States General of the United Netherlands. 1782.* ■ CONVENTION CONCERNING VESSELLS RECAPTURED. Concluded October 8, 1782; ratified hy the Continental Congress January 23, 1783; proclaimed January 23, 1783. The Lords the States General of the United Netherlands, and the United States of America, being inclined to establish some uniform principles with relation to prizes made by vessells of war, and commis- sioned by the two contracting Powers, upon their common enemies, and to vessells of the subjects of either party, captured by the enemy, and recaptured by vessells of war commissioned by either party, have agreed npon the following articles. * See Notes: ''Abrogated, suspended, or obsolete treaties." 760 TREATIES AND CONVENTIONS. ' Aetiole I. The vessells of either of the two nations recaptured by the privateers ■When ,e».ei. of of tho Other, shall be restored to the first proprietor, if such SpwShoKteJ vessells have not been four and twenty hours in the power si.«ii be restored, of tfac onemy, 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 oflScers of the admiralty, of the place where the privateer who has retaken the vessell shall have conducted her. Aktiole II. If the vessell recaptured has been more than twenty-four hours in When they Bhuii tho powor of the enemy, she shall belong entirely to the beionito the rooap- privrateor who has retaken her. ABTIOLE III. In case a vessell shall have been recaptured by a vessell of war belong- when recptured Jog to tho Statcs Gcucral of the United Netherlands, or to the,™h.'ii °b.^"Jl the United States of America, she shall be restored to the .torod. fli-g^ owner, he paying a thirtieth part of the value of the 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 recapt- ured 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 con- vention, Arxiole IV. The restitution of prizes, whether they may have been retaken by ves- Be.tituiion '^^'^^^ ^^ ^^^ °^ ^^ privatcers, in the mean time and untill 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 veieen of w«r "^^ious, shall bc rBciprocally, both in Europe and in the privreor", and Sr othcr parts of thc world, admitted- in the respective ports of '""■°"' each with their prizes, which may be unloaded and sold ac- cording to the formalities used in the State where the prize shall have been conducted, 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 thoilawa 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- Mch nation n..y lauds, as wcll as for the United States of America, to make makoreeuiMione. g^^jj rcgulatious as they sball judge necessary, relative to the conduct which their respective vessells and privateers ought to hold NETHEELANDS, 1839. 761 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 eighty-two. "SEAL.] John Adams. SEAL. George Van EAndwyok. SEAL.] B, V. D. Santhetjvel. SEAL.] P. Y. BlEISWYK. 'seal.] "W. C. H. Van Lyndbn. SEAL.] D. J. Van Heeokbren. SEAL.] Joan Van Kuppelee. SEAL. I F: G: VAN Dedbm, tot den Gelder. 'seal.] H: Tjassbns. 1839. TREATY OF COMMERCE AND NAVIGATION. Concluded January 19, 1839; ratifications exchanged at Washington May 23, 1839; proclaimed May 24, 1839. The United States of America and His Majesty the Bang of the Neth- erlands, anxious to regulate the commerce and navigation carried on between the two countries in their respective vessels, have, for that purpose, named plenipotentiaries, that is to say : The President of the United States has appointed John Forsyth, Sec- retary of State of the said United States; and His Majesty Nesotiators. 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 Charg6 d'Aflfaires near the United States ; Who, having exchanged their respective full powers, found in good and due form, have agreed to the following articles: Article L* Goods and merchandise, whatever their origin may be, imported into or exported from the ports of the United States from or to ^o dismmmation the ports of the Netherlands in Europe, in vessels of the L°fSi?'rore5i Netherlands,, shall pay no higher or other duties than shall r""""^ "°p°'"- 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 'Articles I and II of this treaty are amended by the convention of August 26, 1852, 762 TREATIES AND CONVENTIONS. vessels of the other country to and from the ports of the two countries j it being understood that, in the latter as in the preceding case, the goods shall have been loaded in the ports from which such vessels have been cleared. Article II.* Neither party shall impose upon the vessels of the other, whether No diBcrimmation Carrying cargoes between the United States and the ports '° '°°°''*'= '''"'"• of the Netherlands in 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 denomi- nation which shall not be imposed in like cases on national vessels. Aetiole III. It is further agreed between the two contracting parties that the Con- prwiieses of con- suls SbuA Vicc-Consuls of the United States in the ports of ■""■ the Netherlands in Europe, and, reciprocally, the Consuls and Vlce-Consuls of the Netherlands in the ports of the said States, shall continue to enjoy all privileges, protection, and assistance, as may be usual and necessary for the duly exercising of their functions, in re- spect also of the deserters from the vessels, whether public or private, of their countries. Aetiole IV. The contracting parties agree to consider and treat as vessels of the United States and of the Netherlands all such as, being fur- .wered nationals- uishcd by tho compctcnt authority with a passport or sea- letter, shall, under the then existing laws and regulations, be recognized as national vessels by the country to which they respect- ively belong. Article V. In case of shipwreck or damage at sea, each party shall grant to the vessels, whether public or private, of the other, the same sbipwrfckB. assistance and protection which would be afforded to its own vessels in like cases. Aeticle VI. The present treaty shall be in force for the term of ten years, com- mencing six weeks after the exchange of the ratifications; EuratioDofueaty. ^^^ further uutil thc end of twelve months after either of 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 tjjiat 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. Aeticle VII. The present treaty shall be ratified, and the ratifications shall be ex- changed at Washington, within six months of its date, or RatificatiODB, ° ,« ,. ■, T ' sooner, if practicable. 'Articles I and II of this treaty are amended by the convention of August 26, 1852. NETHEBLANDS, 1852. 763 In witness whereof, the respective Pleuipotentiaries haye 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. SEAL. SEAL.' John. Foesyth. Adr, Martini. 1852. CONVENTION OF COMMERCE AND NAVIGATION ADDITIONAL TO TREATY OF JANUARY 19, 1839. Concluded August 26, 1852 ; ratifications exchangad at Washington Feb- ' ruary 25, 1853; proclaimed February 26, 1853. The United States of America and His Majesty the King of the Netherlands, being desirous of placing the con:^inerce of the two coun- tries on a footing of greater mutual equality, have appointed as their Plenipotentiaries for that purpose, that is to say : The President of the United States of America, Daniel Webster, Secretary of State of the United States; and His Majesty the King of the Netherlands, Frangois Mathieu Wenceslas Nwtmtors. Baron Testa, Commander of the Eoyal Grand Ducal Order of the Crown of Oak of Luxembourg, Knight of the Eoyal Order of the Lion of the ^Netherlands, and of the Grand Ducal Order of the White Falcon, third class, Counsellor of Legation, and His Majesty's Charg6 d'Affaires to the Government of the United States of America; Who, after having communicated to each other their respective pow- ers, found in good and due form, have agreed that, for and in lieu of the first and second articles of the treaty of commerce and navigation, signed at Washington on the 19th of January, 1839, between the high contracting parties, the following articles shall be substituted: Article I. Goods and merchandise, whatever their origin may be, imported into or exported from the ports of the United States from and to 1,0 discrimination any other country, in vessels of the Netherlands, shall pay ?„fb'o»i?""on?m- no higher or other duties than shall be levied on the like p<'"»»»'i export.. goods and merchandise imported or exported in national vessels. - Ee- ciprocally, goods and merchandise, whatever their origin may be, im- ported into or exported from the ports of the Netherlands from and to any other country, in vessels of the United States, shall pay no higher or other duties than shall be levied on the like goods and merchandise imported or exported in national vesselsi The bounties, drawbacks, and other privileges 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 imported or exported in vessels of the other country. Article II. The above reciprocal equality in relation to the flags of the two coun- tries is understood to extend also to the ports of the colonies Beciprooity to ox- and dominions of the Netherlands beyond the seas, in which '=»'' '° '°'°°''= goods and iperchandise, whatever their origin may be, imported or 764 TREATIES ANB CONVENTIONS. • exported from and to any other country in vessels of the United States, shall pay no higher or other duties than shall be levied on the like goods and merchandise jmported or exported from and to the same places in vessels of the Netherlands. The bounties, drawbacks, or other privi- leges of similar denomination which may be there granted on goods and merchandise imported or exported in vessels of the Netherlands shall also, and in like manner, be granted on goods and merchandise im- ported or exported in vessels of the United States. Article III. Neither party shall impose upon the vessels of the other, whether No ducrimmrtion Carrying cargoes or arriving in ballast from either of the in toBiage duties, ^^q couutrics, or any other country, any duties of tonnage, harbor dues, light-house, salvage, pilotage, quarantine, or port charges of any kind or denomination, which shall not be imposed in like cases on national vessels. Article IV. The present arrangement does notextendto the coasting trade.andfish- ooa.tinB trade and erfos of thc two countrics respectively, which are exclusively CBheries excested. allowcd to uatioual vcssels I it being moreover understood Their disposition. that,,in thc East Indian Archipelago of the Netherlands, the trade from island to island is considered as coasting trade, and likewise in the United States, the trade between their ports on the Atlantic and their ports on the Pacific; and if, at any time, either the Netherlands or the United States shall allow to any other nation the whole or any part of the said coasting trade, the same triide shall be allowed on the same footing and to the same extent to the other party. It being, however, expressly understood and agreed that nothing in this article shall prevent the vessels of either nation from entering and landing a portion of their inward cargoes at one port of the other nation, and then proceeding to any other port or ports of the same, to enter and land the remainder, nor from preventing them in like manner from load- 'Jig a portion of their -outward cargoes at one port and proceeding to another port or ports to complete their lading, such landing or lading .to be done under the same rules and regulations as the two governments may respectively establish for their national vessels in like cases. Article V. The above reciprocal equality in relation to the flags of the two coun- DiecriminMinjdu- trfes Is uot undcrstood to prevent the Government of the t'iln 'Jrlde" m°'r' be Netherlands from levying discriminating duties of import imposed. Qp export in favor of th6 direct trade between Holland and her colonies and dominions beyond the seas; but American vessels en- gaged in such direct commerce shall be entitled to all the privileges and immunities, whether as regards import or export duties, or otherwise, that are or may be enjoyed by vessels under the Dutch flag. Likewise, the United States shall continue to levy the discriminating duties im- posed by the present tariff on teas and coffee, in favor of the direct im- portation of these articles from the place of their growth, but also without discriminating between the flags of the two countries. And if, at any time, the Netherlands Of the United States shall abolish the said discriminating duties, it is understood that the same shall be in like manner abolished in relation to the commerce of the other country. NETHERLANDS, 1855. 765 Akticle VI. The present convention shall be considered as additional to the above-mentioned treaty of the 19th of January, 1839, and ni, treaty t. b, shall, altogether, with the unmodified articles of that treaty, SSiTiglis'a'"' be in force for the term of two years, commencing six weeks after the exchange of the ratifications; and further, until Deration of con. the end of twelve months after either of the contracting ''™"°"- parties shall have given to the other notice of its intention 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 terin of two years. And it is hereby mutually agreed tha^, in case of such no- tice, this convention, and all the provisions 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 c6nvention shall be ratified, and the ratifications shall be exchanged at Washington within six months of its date, or sooner if possible. Katisction,. 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 flfty-two. SEAL.] Dan'l Webster. SEAL.] Fs. Testa. 1855.* CONVENTION CONCERNING THE RIGHTS AND PRIVILEGES OF CONSULS OF THE UNITED STATES IN DUTCH COLONIES. Concluded January 22, 1855; ratifications exchanged at Washington 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 be- tween the two nations, has, for the acct mplishmeni of that purpose, and in order to satisfy a desire repeatedly exi)ressed by the Government of the United States, consented to receive Consuls 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 priv- ileges 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 Resident near His Majesty the King of the Netherlands; «=8°'-to-. His Majesty the King of the Netherlands, the Sieur Floris Adriaan Van Hall, Grand Cross of the Order of the Netherlands Lion, His Ma- *See Notes: "Abrogated, suspended, or obsolete treaties." 766 TREATIES AND CONVENTIONS. jesty's Minister of State and for Foreign Affairs, and the Sieur Charles Ferdinand 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 : Aetiole I. • Oonsuls-Generalj Consuls, and Vice-Consuls of the United adm'S « ctSn States of Amerika will be admitted into all the ports in the m«^or the Nethsr- transmarinc possessions or colonies of the JNetherlancIs, which are open to the vessels of all nations. Aktiole II. The Consuls-General, Consuls, and Vice-Consuls of the United States Their pollers and of Amciica SLrB cousidercd as commercial agents, protectors °'"™- of the maritime commerce of their countrymen, in the ports within the circumference of their consular districts. They are subject to the laws, both civjl and criminal, of the country' To be subject to 11 wWch thcy rcsldc, with such exceptions as the present theia»s. convention establishes in their favor. Article III. The Consuls-General and Consuls, before being admitted to exercise Their commiaaion. their functious, aud tocujoy thc immunities attached thereto, tobepreaented. njust prescut a commissioH, in due form, tO the government of His Majesty the King of the Netherlands. Aftej; having obtained the exequatur, which shall be countersigned Exe uatura ^^ promptlj as posslWc by the governor of the colony, the ■xequatura. ^^^^ Cousular Agcuts 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. Akticlb IV. The Consuls-General and Consuls are authorized to place on the outer lascription on their ^oor of thclr cousulatcs the arms of their Government, with office.. the inscription: "ConsulateoftheUnitedStatesof America." It is well understood that this outward mark shall never be consid- Hot to 8i.e the ^rcd as conferring the right of asylum, nor as having the riEhtof aayium. pQwer to cxcmpt thc housc and those dwelling therein from the prosecution of the local justice. Article V. It is, nevertheless, understood that the archives and documents re- conauiar archivea ^^^Ing to thc affalrs of the cousulatc shall be protected Consular arc ,vea. j^gg^jj,g(. g^jj gcarch, aud that HO authorlty or magistrate shall have the power, under any pretext whatever, to visit or seize them, or to examine their contents. NETHERLANDS, 1855. 767 Akticle VI. The Consuls-General, Consuls, and Vice-Consuls shall not be invested with any diplomatic character. ha«rd%iom'ati? 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 have not been at- tended to. Abtiole VII. Consuls-General and Consuls shall be free to establish Vice Consuls in the ports mentioned in art. 1, and situated in their con- vice-coMuu m»y sular districts. •" "^'■"'""^'^ The Vice Consuls may be taken indiscriminately from among the sub- jects of the !N"etherland8, 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- proval of the Governor of the colony, shall be provided with a certificate, given to them by tlie 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. Aeticle VIII. Passports delivered or signed by Consuls or Consular Agents, do not dispense the bearer from providing himself with all the pa- p„sport»»ndth8ir pers required by the local laws, in order to travel or to estab- "'''""• lish 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 pass- port 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 shi„„,^k, 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. Aeticle X. Consuls-General, Consuls, and Vice-Consuls may, in so far as the ex- tradition of deserters from merchant- vessels or ships of war ^^^^^^^ shall have been stipulated by treaty, request the assistance of the local aatborities for the arrest, detention, and imprisonment of 768 TEEATIES AND CONVENTIONS. deserters from vessels of tbe United States. To this end they shall ap- ply to the 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 ex- ercise 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 prp- nounced its sentence, and the same has been carried into execution; Abticle XI. In case of the death ot a citizen of the United States, without Estates of deceased haviug auy kuowu hclrs or testamentary executors, the persons. Dutch authoiitles, who, according to the laws of the colo- 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. Aeiicle XII. The Consuls-General, Consuls, and Vice-Consuls have, in thatcapacity. Arbitration by ^^ SO far astho laws of the United States of America allow Consuls. ^j;_ ^jjg right to be named arbiters in the differences which may arise between the masters and the crews of the vessels belonging to the United States, and this without the interference of 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-Consuls, 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 cohntry. Article XIII. The Consuls-General, Consuls, and Vice-Consuls, who are not subjects Military service of thc Nethcrlauds, who, at the time of their appointment, andta^es. g_j,g jj^j^ cstablished as residents in the Kingdom of the ^Netherlands or its colonies, and who do not exercise any calling, pro- fession, or trade, besides their consular functions, are, in so far as in the United States the same privileges are granted to the Consuls-Gen- eral, Consuls, and Vice-Consnls of the N'etherlands, exempt from mili- tary 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-housedutiesor ptber taxes, whether indirect or real. NETHERLANDS, 1878. 769 The Consuls-General, Consuls, and Vice-Consuls, who are not natives or recognized subjects of the Netherlands, but who may exercise con- jointly with their consular functions any profession or trade whatever, are obliged to fulfill duties, and pay taxes and contributions, like all Dutch subjects and other inhabitants. Consuls General, Consuls, and Vice-Consnls, subjects of the IJTether- lands, but to whom it has been, accorded to exercise consular functions conferred by the Government of the United States of America, are obliged to fuMU duties, and pay taxes and contributions, like all Dutch subjects and other inhabitants. Abticle 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 fu- tion°°priYTe"» ^- ture 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 years from the day of the exchange of the ratiflcations,which ^^^^^^^^ „f ^^„. shall take place within the delay of twelve months, or sooner Tent"™ S JatiS- if possible. In case neither of the contracting parties gives notice twelve months before the 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 oa 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. SEAL. SEAL. SEAL. August Belmont. Van Hall. C. F. Pahud. 1878. CONTENTION CONCERNING THE RIGHTS AND PRIVILEGES OF CONSULS. Concluded May 23, 1878; ratifications exchanged at Washington July 31, 1879; proclaimed August 1, 1879. The United States and His Majesty, the King of the Netherlands, be- ing equally actuated by a desire to determine with precision the recip- rocal rights, privileges, immunities and duties of their respective Con- sular Officers, together with their functions, have resolved to conclude a Consular Convention, and have appointed their plenipotentiaries, viz : The President of the United States of America, William M. Evarts, Secretary of State of the United States: His Majesty, the ^^^^.^^^^ King of the Netherlands; Jonkheer Kudolph Alexander August Eduard von Pestel, Knight of the Order of the Netherland's Lion, His Majesty's Minister Eesident in the United States, who having 3769 TR 49 770 TEEATIES AND CONVENTIONS. exchanged their respective full powers which were found to be in good and due form, have agreed upon the following articles : Article I. Bach of the high contracting parties agrees to receive Consuls-Gen- consuia ®^^^' "^ice-Consuls-General, Consuls, Vice-Oonsuls and Con- sular-Agents of the other, into all its ports, cities and places, except in those localities where there may be some objection to admit- ting such officers. This exception, however, shall riot be made in regard to one of the high contracting parties, without being made likewise in regard to every other Power. AUTICLE II. The Consuls-General, Vice-Consuls-General, Consuls, Vice-Cousuls and commisBioiB nod Cousular-Agcnts of the two high contracting parties, shall exequaturs. ^q reclprocally received and recognized on producing their commissions in the forms established in their respective countries, and the necessary exequaturs shall be delivered to them free of cost, on ex- hibiting which they shall enjoy the rights, prerogatives and immunities which aregranted by the present convention. The government granting the exequatur shall be at liberty to withdraw the same on stating the reasons for which it has thought proper so to do. Notice shall be given, on producing the commission, of the extent of the district allotted to the consular officer, and subsequently of the changes that may be made in this district. Article III. The respective Consuls- General, Vice-Consuls-General,. Consuls, Vice- Exemptions aud Consuls, Consular-Agents, Consular-Pupils and Consular- priviieeeB. Clerks of the high contracting parties, shall enjoy in the two countries all the privileges, exemptions and immunities which are en- joyed or which may be hereafter enjoyed by the officers of the same rank of the most favored nation. Such consular of&cers being citizens or subjects of the country which has appointed them shall be exempted from military billeting and contributions, and from all military service by land or by sea, whether in the regular army, in the national or civic guard; or in the militia, and shall enjoy personal immunity from arrest or imprisonment except for acts constituting crimes or misdemeanors by the laws of the country in which they reside. They shall, moreover, when citizens or subjects of the country which has appointed them, and provided they be not engaged in commerce or manufactures, likewise be exempt from capitation or sumptuary taxes, and from all other fiscal duties or contributive taxes of a direct or personal character; but this immunity shall not extend to customs, excise or octroi duties, nor to taxes upon real or personal property which they may acquire or own in the country in which they exercise their functions. Consular officers who engage in commerce shall not plead their con- sular privileges to avoid their commercial liabilities. Article IV. If the testimony of a consular officer, who is a citizen or subject of Testimony or con tho Statc by which he was appointed, and who is not en- .ninr oiDcera. gaged lu busiucss, is needed before the courts of either coun- try, he shall be invited in writing to appear in court, and if unable to NETHERLANDS, 1878. 771 do SO, his testimony shall be requested in writing, or be taken orally at his dwelling or office. To obtain the testimony of such consular officer before the courts of the country where he may exercise his fihictions, the interested party in civil cases, or. the accused in criminal cases, shall apply to the com- petent judge, who shall invite the consular officer in the manner pre- scribed in § I, to give his testimony. It shall be the duty of said consular officer to comply with this request, without any delay which can be avoided. Nothing in the foregoing part of this article, however, shall be con- strued to conflict with the provisions of the sixth article of the amend- ments to the constitution of the United States, or with like provisions in the constitutions of the several States, whereby the right is secured to persons charged with crimes, to obtain witnesses in their favor, and to be confronted with the witnesses against them. Article V. Consuls-General, Vice-Consuls-General, Consuls, Vice-Consuls and Consular- Agents may place above the outer door of their i^^Bandiia.. oflBces, or residences, the arms of their nation, together with ^™° "" ""■ a proper inscription indicative of their office. They may also display the flag of their country over their offices, or dwellings, and may hoist their flag upon any vessel employed by them in port in the discharge of their duty. ■ Akticle VI. The consular archives shall be at all times inviolable, and the local authorities shall under no pretext, examine or seize the , - • , 1 . Consular archivea, papers belonging thereto. When a consular officer is engaged in business, the papers relating to the Consulate shall be kept in a separate enclosure and apart from the papers pertaining to his business. The offices and dwellings of consular officers shall in no event be used as places of asylum. Akticle VII. In the event of inability to act, absence or decease of Consuls-Gen- eral, Vice-Consuls-General, Consuls, Vice-Consuls, Consular- oo^uis' inability Agents, their Consular-Pupils and Consular-Clerks, Chan- '°'"'- cellors or Secretaries, whose official character may have previously been made known to the Department of State at "Washington, or to the Min- ister of Foreign Affairs at the Hague, shall be permitted to take charge ad interim of the business of the Consulate, and while thus acting, and so far as may be competent according to Article III., if foreign citizens not engaged in commerce, shall enjoy all the rights, privileges and im- munities granted to the incumbents. Article VIII. Consuls-General and Consuls may with the approval of their respective governments, appoint Vice-Consuls-General, Vice-Consuls ^^^^^ ^^ ^^^^^^^ and Consular-Agents in the cities, ports and places within to n"^"^" vf™" their consular district. They may appoint as such, without °""' distinction, citizens of the United States, subjects of the Netherlands, or citizens or subjects of other countries. The persons so appointed 772 TREATIES AND CONVENTIONS. shall be furnished with a commission, and shall enjoy the privileges, rights and immunities provided for in this Convention in favor of con- sular officers, subject to provisions and limitations as specified in Ar- ticle III , and in other articles hereof. Article IX. TheConsuls-General, Vice-Consuls-General, Consuls, Yice-Consuls and Consular- Agents of the two high contracting parties, shall B^r^''am^^M have the right to address the authorities of the respective »ut onto. countries, national or local, judicial or executive, within the extent of their respective consular districts, for the purpose of complain- ing of any infraction of the treaties or conventions existing between the two countries, or for purposes of information, or for the protection of the rights and interests of their countrymen. If such application shall not receive proper attention, such consular ofiScers may, in the absence of the diplomatic agent of their country, apply directly to the government of the country in which they reside. Article X. Consuls-General, Vice-Consuls-General, Consuls, Vice-Consuls or Con- Ki htB f consuls snlar- Agents of the two countries, or their Chancellors, shall K,ghtBo consuls, jjg^^g ^jjg right 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 persons. 2. To receive and verify certificates of births and deaths of their coun- trymen and of marriages between them, and all unilateral acts, wills and bequests of their countrymen, and any aijd all acts of agreement entered upon between subjects or citizens of their own country, and be- tween such subjects or citizens and the subjects or citizens or other in- habitants of the country where they reside, and also all contracts between the latter; provided such unilateral acts, acts of agreement or contracts relate to property situated or to business to be transacted 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 and translations thereof, when duly authenticated by snch Consul-Gen- eral, Vice-Consul-General, Consul, Vice-Consul or Consular- Agent under his official seal, shall be received in Courts of Justice, as legal documents or as authenticated copies as the case may be, subject to the provisions of law on such subject, however, in the two countries. Article XI. Consuls- General, Vice-Consuls-General, Consuls, Vice-Consuls and Consular- Agents shall have charge of the internal ordet on p.;!«'b?!we'e° "is- board of the merchant vessels of their nation, to the exclu- ter. and crews. ^^^^ ^^ ^^j ^^^^j authorfties. Thcy shall take cognizance of all disputes and determine all differences which may have arisen at sea, or which may arise in port, between the captains, officers and crews, in- cluding disputes concerning wages and the execution of contracts recip- rocally entered into. The courts or other authorities of either country, shall on no account interfere in such disputes unless such differences on board ship be of a nature to disturb the public peace on shore or in port, or unless persons other than the officers and crew are parties thereto. NETHERLANDS, 1878. 773 The Consuls-General, Vice-ConsulsGeneral, Consuls, Vice-Consuls, and Consular- Agents shall be at liberty to go, either In person or by proxy, on board vessels of their nation admitted to entry, and to exam- ine the officers and crews, to examine the ships' papers, to receive decla- rations concerning their voyage, their destination and the incidents of the voyage; also to draw up manifests and lists of freight or other doc- uments, to facilitate the entry and clearance of their vessels, and finally to accompany the said ofiBcers or crews before the judicial or adminis- trative authorities of the country to assist them as their interpreters or agents* Article XII. The Consuls-General, Vice-Consuls-General, Consuls, Vice-Consuls and Consular-Agents of the two countries may respectively cause to be arrested and sent on board, or cause to be re- tiu'ned to their own country^such officers, seamen or other persons form- ing part of the crew of ships of war or merchant vessels of their nation, who may have deserted in one of the ports of the other. To this end they shall respectively address the competent national or local authorities in writing and make request for the return of the de- serter, and furnish evidence by exhibiting the register, crew list or other oflBcial documents of the vessel, or a copy or extract therefrom, duly cer- tified, that the persons claimed belong to said ship's company. On such application being made, all assistance shall be furnished for the pursuit and arrest of such deserters, who shall even be detained and guarded in the jails of the country, pursuant to the requisition and at the expense of the Consuls-General, Vice-Consuls- General, Consuls, Vice Consuls or Consular- Agents until they find an opportunity to send the deserters home. If, however, no such opportunity shall be had for the space of three months from the day of the arrest, the deserters shall be set at liberty, and shall not again be arrested for the same cause. It is understood that persons who are subjects or citizens of the country within which the de- mand is made, shall be exempted from these provisions. If the deserter shall have committed.any crime or offence in the coun- try within which he is found, he shall not be placed at the disposal of the Consul until after the proper tribunal having jurisdiction in the case shall have pronounced sentence, and such sentence shall have been ex- ecuted. Aeticle XIII. Except in the case of agreement to the contrary, between the owners, freighters and insurers, all damages suffered at sea by the s^„,^„j„j„rjj^ vessels of the two countries, whether they put into port aEef^£|red°it°B?; voluntarily, or are forced so to do by. stress of weather, shall be adjusted by the Consuls-General, Vice-Consuls-General, Con- suls, Vice-Consuls and Consular Agents of the respective countries. If, however, any inhabitants of the country, or subjects or citizens of a third nation shall be interested in such damages, and if the parties cannot agree, recourse may be had to the competent local authorities. Article XIV. All necessary measures connected with the salvage of vessels of the XJnited States which shall have been wrecked on the coasts of the lifetherlands, with their cargoes and all that apper- "'''"° tains to such vessels, shall he taken by the Consuls-General, Vice-Con- 774 TREATIES AND CONVENTIONS. suls-G-eneral, Consuls, Vice-Consuls and Consular- Agents of the United States, and reciprocally, the Consuls-General, Vice-Consuls-General, Consuls, Vice-Consuls and Consular-Agents of the Netherlands shall take such necessary measures in the case of the wreclr of vessels of their country on the coasts of the United States. The local authorities shall not otherwise interfere than for the main- tenance of order, the protection of the interest 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. In the absence of and until the arrival of the Consuls-General, Vice- Consuls-General, Consuls, Vice-Consuls and Consular-Agents, it shall be the duty of the local authorities to take all necessary measures for the preservation of the persons and property on board of the wrecked vessel. It is understood tha.t the merchandise sa^ed is not to be subjected to any Cnstom-House charges unless it be intended for consumption in the country where the wreck may have taken place. Article XV. In case of death of any citizen of the United States in the Nether- Death of citizens lauds. Or of any subject of the Netherlands in the United t°e'^rri»,?'""o°f'Vhe Statcs, wlthout having in the country of his decease any other. known heirs, or testamentary executors by him appointed, or in case of minority of the heirs, there being no guardian, the compe- tent local authorities shall at once inform the nearest consular oiflcer of the nation to which the deceased belongs, of the circumstance, in order that the necessary information may be immediately forwarded to par- ties interested. The said consular officer shall have the right to appear personally or by delegate, in all proceedings on behalf of the absent or minor heirs, or creditors, until they are duly represented. AET1.0LE XVI; The present convention shall not be applicable to colonies of either Duration of eon- of the High Goutracting Parties, and shall not take effect ventiou. until the twentieth day after its promulgation in the manner prescribed by the laws of the two countries. It shall remain in force for five years from the date of the exchange of ratifications. In case neither of the contracting parties shall have given notice twelve months before the expiration of the said period, of its desire to terminate this convention, it shall remain in force for 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 for its termi- nation. Article XVII. The present convention shall be ratified, and the ratifications thereof shall be exchanged at the city of Washington, within six natifeationa. moflths fTom thc date hereof, and sooner if possible. In testimony whereof, the respective plenipotentiaries have signed this convention, and have hereunto affixed their seals. NETHERLANDS, 1880. 775 ' Done ill duplicate at Washington, in the English and Dutch lan- guages, on the twenty-third day of May, in the year of Grace, one thou- sand eight hundred and sev6nty-eight. SEAL. SEAL, William Maxwell Evaets. E. Von Pestel. 1880. CONVENTION FOE THE EXTRADITION OF CRIMINALS, FUGITIVE FROM JUSTICE. Concluded May 22, 1880; ratifications exchanged at Washington July 29, 1880; proclaimed July 30, 1880. The United States of America and His Majesty the King of the Netherlands having judged it expedient, with a View to the better ad- ministration of justice and the prevention of crime within their respect- ive territories and jurisdictions, that persons charged with, or convicted of, the crimes hereinafter enumerated, and being fugitives from justice, should under certain circumstances, be reciprocally delivered up, have resolved to conclude a convention for that purpose, and have appointed as their Plenipotentiaries : The President of the United States: William Maxwell Evarts, Sec- retary of State of the United States, and His Majesty the King of the Netherlands : Jonkheer, Eudolph Alexander Negotiators. August Edward von Pestel, Knight of the Order of the Netherlands Lion, His Majesty's Minister Eesident in the United States; 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 United States of America and His Majesty the King of the Netherlands reciprocally engage to deliver up to justice ^ . , . . T /. T T ■ ii i ii ■ Reciprocal extra- all persons convicted of or charged with any oi the crimes f£°;^j°fit^''^j?°°' or offences enumerated in the following article, committed " "'° within the respective jurisdiction of the United States of America, or of the Kingdom of the Netherlands, exclusive of the Colonies, thereof, such persons being actually within such jurisdiction when the crime or offence was committed, who shall seek an asylum or shall be found within the jurisdiction of the other, exclusive of the colonies of the Netherlands : Provided, That this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive so charged shall be found, would justify his apprehension and commit- ment for trial, if the crime or offence had been there committed. Article II. Persons shall be delivered up, according to the provisions of this con- vention, who shall have been charged with, or convicted of, ' 11 • • Crimea. any of the following crimes : 1. Murder, comprehending the crimes of assassination, parricide, in- fanticide and poisoning. 2. The attempt to commit murder. 776 TREATIES AND CONVENTIONS. 3. Eape. 4. Arson. 5. Burglary; or the corresponding crime in the E'etherlands law under the description of thefts committed in an inhabited house by night, and by breaking in, by climbing, or forcibly. 6. The act of breaking into and entering public offices, or the offices of banks, banking-houses, savings-banks, trust companies, or insurance companies, with intent to commit theft therein ; and also the thefts re- sulting from such act. 7. Eobbery; or the corresponding crime punished in the Netherlands law under the description of theft committed with violence or by means of threats. 8. Forgery, or the utterance of forged papers including the forgery or falsification of official acts of the Government or public authority or courts of justice affecting the title or claim to money or property. 9. The counterfeiting, falsifying or altering of money, whether coin or paper, or of bank notes, or instruments of debt created by National, State or Municipal Governments, or coupons thereof, or of seals, stamps, dies or marks of state; or the utterance or circulation of the same. 10. Embezzlement by public officers charged with the custody or re- ceipt of public funds. 11. Embezzlement by any person or persons hired or salaried, to the detriment of their employers, where the offence is subject to punishment by the law of 'the Netherlands as abus de confiance, if extradition is de- manded by the United States, or is subject to punishment as a crime in the United States, if extradition is demanded by the Netherlands. Article III. The provisions of this convention shall not apply to any crime or offence of a political character, nor to acts connected with extradited fo°po'iti° such crimcs Or offences ; and no person surrendered under cai o6ence>. ^^^ provislou hcrcof shall in any case be tried or punished for a crime or offence of a political character, nor for any act connected therewith, committed previously to his extradition. Aeticle IV. The present Convention shall not apply to any crime or offence com- conventicnotap. mlttcd prcvlous to thc exchange of the ratifications hereof; ?immlttedbefore?tI aud HO pcrsou shall be tried or punished after surrender for ratification. g^^y grimc Or offence other than that for which he was sur- rendered if committed previous to his surrender, unless such crime or offence be one of those enumerated in Article II. hereof, and shall have been committed subsequent to the exchange of ratifications. Abticle V. A fugitive criminal shall not be surrendered under the provisions hereof Exemption by ^hcu, by lapsc of time, he is exempt from prosecution or lapse of time. puuishmeut for the crime or offence for which the surrender is asked, according to the laws of the country from which the extradi- tion is demanded, or when his extradition is asked for the same crime or offence for which he has been tried, convicted or acquitted in that country, or so long as he is under prosecution for the same. NETHERLANDS, 1880. 777 Article VI. If a fugitive criminal, whose extradition may be claimed pursuant to the stipulations hereof, be actually under prosecution for a oirenoM in cou,,- crime or offence in ^the country where he has sought asylum, «"°f ""y'"""- or shall have been convicted thereof, his extradition may be deferred until such proceedings be terminated, and until such criminal shall be set at liberty in due course of law. Abtiole VII. If a fugitive criminal claimed by one of the parties hereto shall also be claimed by one or more powers, pursuant to treaty pro- . . ^ J. • •j.7' T -i-i • J.-I ■ • • T Fugitive criminals visions on account 01 crimes committed withm their jurisdic- Maimed by mora tion, such criminal shall be delivered in preference in ac- cordance with that demand which is the earliest in date. Aeticle VIII. Neither of the contracting parties shall be bound to deliver up, under the stipulations of this convention, its own citizens Neitiier nation to or subjects. deiiv»it.citi»i.a. Aktiole IX, The expenses of the arrest, detention, examination and transportation of the accused shall be paid by the government which has ExpenBeB. preferred the demand for extradition. '""^'' Aktiole X. Everything found in the possession of the fugitive criminal, at the time of his arrest, which may be material as evidence in mak- ^^^^^^^ ^^^^^ .^ ^ ing proof of the crime, shall, so far as practicable according cnmi^vs To-sea- to the laws or practice in the respective countries, be deliv- "°°' ered up with his person at the time of surrender. Nevertheless, the rights of third parties, with regard to all such articles, shall be duly respected. Aktiole XI. Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the contracting par- j,^^^.,.,,^_, ^^^ ties. In the event of the absence of such agents from the =f;»'J;Ji™4 ■*«« country, or its seat of government, requisition may be made by consular officers. When the person whose extradition shall have been asked, shall have been convicted of the crime, a copy of the sentence of the court in which he may have been convicted, authenticated under its seal and accom- panied by an attestation of the official character of the judge by the proper authority, shall be furnished. If, however, the fugitive is mereby charged with crime, a duly authen- ticated copy of the warrant of arrest in the country where ^ .^^^^^ the crime was committed, and of the depositions upon which such warrant may have been issued, shall be produced, authenticated as above provided, with such other evidence or proof as may be deemed competent in the case. 778 TREATIES AND CONVENTIONS. If, after an examination, it shall be decided, according to the law and evidence, that extradition is due pursuant to this convention, the fugi- tive shall be surrendered according to the forms of law prescribed in such cases. o Article XII. The present convention shall take effect on the twentieth day after its Duration of con- promulgatiou 10. the manner prescribed by the laws of the vention. respcctlve couutries. Aftertheconventionshallsohavegone into operation, it shall continue until one of the two parties shall give to the other six months notice of its desire to terminate it. This coAvention shall be ratified, and the ratifications shall be ex- changed at Washington or the Hague as soon as possi- Hat.r,cat,on.. ^^^^ In testimony whereof the respective Plenipotentiaries have signed the present convention, in duplicate, and have hereunto af&xed their seals. Done at Washington, in the English and Dutch languages, on the twenty-second day of May in the year of our Lord eighteen hundred and eighty. SEAL.1 William Maxwell Evabts. SEAL.] Rudolph von Pbstel. NEW GRANADA. [See Colombia. Ante, page 195 to page 212.] NICARAGUA. 1867. TEEATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION. Concluded June 21, 1867 ; ratifications exchanged at Granada June 20, 1868 ; proclaimed August 13, 1868. The United States of America and the Eepublic of Nicaragua, desir- ing to maintain and to improve the good understanding and the friendly relations which now happily exist between them, to promote the com- merce of their citizens, and to make some mutual arrangement with re- spect to a communication between the Atlantic and Pacific Oceans by the Eiver San Juan and either or both the lakes of Nicaragua and Man- agua, or by any other route through the Territories of Nicaragua, have agreed, for this purpose, to conclude a trieaty of friendship, commerce, and navigation, and have accordingly named as their respective Pleni- potentiaries, that is to say: The President of the United States, Andrew B. Dickinson, Minister Eesident and Extraordinary to Nicaragua ; and His Excel- ' . lency the President of the Eepublic of Nicaragua, Senor Negofatora. Wcenciado Don Tomas Ayon, Minister of Foreign Eelations : Who, after communicating to each other their full powers, found in due and proper form, have agreed upon the following articles : Aeticle I. There shall be perpetual amity between the United States and their citiiiens on the one part, and the Government of the Eepub- De<:iar.fo« of am- lic of Nicaragua and its citizens of the other. ity. Aktiolb II. There shall be between all the territories of the United States and the territories of the Eepublic of Nicaragua a reciprocal freedom p,„j„„ „f ^„„. of commerce. Thesubjectsandcitizensof the two countries, '""""'■ respectively, shall have full liberty freely and securely to come with 779 780 TREATIES AND CONVENTIONS. their ships and cargoes to all places, ports, and rivers in the territo- ries 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 nation, 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-offtce 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 Coaating trade. -. ' , ,^. T-t- t,. ^^ ■■■*' . «, understood; m which trade national vessels only of tne country where the trade is carried on are permitted to engage. Aeticle III. It being the intention of the two high contracting -parties to bind Most favored na- thcmselvcs by thc two preceding articles to treat each other tioM. QQ ^jjg footing of the most 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. Aetiolb IY. l&Q higher or other duties shall be imposed on the importation into No aiBcrimmation tho tcrritories of the United States of any article being the o°''eCTort°''a'i,'d'fm- growth, producc, or manufacture of the Eepublic of Mca- ■""" ragua, and no higher or other duties shall be imposed on the importation into the territories of the Eepublic of Mcaragua 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 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 ex- portation of the like articles to any other foreign country; nor shall any prohibition be imposed upon the importation or exportation of any arti- cles the growth, produce, or manufacture of the territories of the United States or the Eepublic of Nicaragua to or from the said territories of the United States, or to or from the Eepublic of Nicaragua, which shall not equally extend to all other nations. Aeticle. V. Ko higher or other duties or payments on account of toiinage, of light No dismmination Of harbor duBS, or pilotage, of salvage in case of either dam- in tonnage dntie.. g^gg q,, ghipwrcck, or ou accouut of auy local charges, shall be imposed in any of the ports of Nicaragua on vessels of the United NICARAGUA, . 1867. • 781 States than those payable by Nicaraguan vessels, nor in any of the ports of the United States on N icaraguan vessels 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 of the Eepublic of Nicaragua of any articles being the no disor,mi„atio„ growth, produce, or manufacture of the territories of the •'"'"""» "" "='"""■ United States, whether such importation shall be made in Mcaraguan vessels 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 Eepublio of Nicaragua, whether such importation shall be made in Mcaraguan or United States vessels. The same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation to the Eepiiblic of Nicaragua, of any article, being the growth, produce, or manufaJeture of the territories of the United States, whether such exportation shall be made in Nicaraguan or United States vessels; and the same duties shall be paid, and the same bounties and drawbacks allowed, on the expor- tation 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 Sta,tes, shall have full liberty in all the territories of the Ee- j. . .^^ ^^ ^^ . . public of Nicaragua to manage their own affairs themselves, x™of™?nationi'ii' as permitted by the laws,, or to commit them to the man- o'tbeHn'SneBB'S agement 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 Nicaraguans, nor to pay them any other salary or remuneration than such as is paid in like cases by Mcaraguan 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 Nicara- gua as they shall see good, observing the laws and established customs of the country. The same privileges shall be (jnjoyed in the territories of the United States by the citizens of the Eepublic of Nicaragua under the same conditions. The citizens ot the high contracting parties shaU reciprocally receive and enjoy full and perfect protection for their persons and rroteaion to por- property, and shall have free and open access to the courts •''■■»'""'p«>p'^"y- of justice in 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. Aeticle VIII. In whatever relates to the police of the ports, the lading and unlading of ships, the safety of merchandise, goods, and effects, the p,i,„eE„ or ^11. succession to personal estates, by will or otherwise, and the S'telSorr'or "lio disposal of personal property of every sort and denomination ""'='• by sale, donation, exchange, testament, or any other manner whatsoever, 782 TREATIES AND CONVENTIONS. 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 citizeins; 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 Real estate. ^ithiu thc Statcs of thc American Union, or within the Ee- 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 shall be 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 difllculty, and witdout 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 of deceaaed will Or testamcut lu SLuy of the territories of the other, the person.. Miuistcr 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- intermarriage and zcus of Nicaragua Tcsiding In the United States, may inter- w'SrSoMi marry with the natives of the country; hold and possess, character. .^j purchasc, marrlagc, 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- E:teiii tion from ^^^S^^f ^^^ t^c citizcns of Nlcaragua residents in the United miiiS^e^icean" States, shall be exempted from all forced or compulsory 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 tak'e"''witL°°t'ram^ for auv public object without full and iust compensation to pensation. i-i-j i be paid in advance; and 4. The citizens of the two high contracting parties shall have the un- Freedom of travel Hmitcd rfght to go to auy part of the territories of the other, and interoourse. ^^j^ jjj 3,]^ cascs cujoy the samc security as the natives of the country where they reside, with the condition that they duly ob- serve the laws and ordinances. NICARAGUA, 1867. 783 AETIOLE 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 ^^^^^^ 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 Diplomatic Agents of Nicaragua and Consuls shall enjoy in the territories 'Of the United States whatever privileges, exemp- ;. -1 ■ ... 1T1T ni,-T 1 Moat favorea na- tions, and immunities are or shall be allowed to the agents tion priviiegea ac- of the same rank belonging to the most favored nations; and in the like manner the Diplomatic Agents and Consuls Diplomatic Agenta of the United States in Nicaragua shall enjoy, according to '■"^ '^°°™''- the strictest reciprocity, whatever privileges, exemptions, and immu- nities are or may be granted in the Eepublic of Nicaragua to the Dip- lomatic Agents and Consuls of the most favored nations. abticle xr. For the better security of commerce between the citizens of the United States and the citizens of Nicaragua, it is agreed, that if at i„„aaeofunrriend- any time any interruption of friendly intercourse, or any JJar'r"mSva"'pro°iJ rupture, should unfortunately take place between the two ='"• 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 efiects, of whatever description they may be, whether in their own cus- tody, or intrusted to individuals or to the StHte, 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. Akticle Xli. The citizens of the United States and the citizens of the Republic of Nicaragua, respectively, residing in any of the territories pHviieees or oiti. of the other party, shall enjoy in their houses, persons, and r„°°?hf toJritir'y'o" 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 propfer 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 784' XEEATIES AND CONVENTIONS. 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. Whenever a citizen of either of the contracting parties shall be forced ii=ru 8 and as lum ^^ ^^^^ Tcfuge Or asylum in the rivers, bays, ports, or do- nefuEsan asylum. jjjjjj|(jj,g ^f ,^gg other wlth 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. Aeticle XIV. The Eepublic of Nicaragua hereby grants to the United States, and to their citizens and property, the right of transit between befvifeDth8A?Sc the Atlautic and Pacific Oceans through the territory and Pacific Oceans. /*j_ij_-r»iT j_/» ■*_• , i of that Eepublic, on any route of communication, natural 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 Eepub- 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 routes of communication as aforesaid, and to guarantee the rouS'to'K sSarSl! ncutrality 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 Free port. ouB ftco port at cach extremity of one of the aforesaid routes of communication between the Atlantic and Pacific NotonnaBBorother Occaus. At thcsB ports uo tonuagc or other duties shall dutie... ijg 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, bona fide, for transit across the said routes of communication, and not for consumption within co„reya„ceof the EcpubUc of Nlcaragua. The United States shall also troops. ]jg at 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. 785 States, or of any other country, across the said routes of communica- tion, 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 individ- uals or companies to transport the mails of the United States along the said routes of communication, or aloug 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 indiyidals or compa- nies, by virtue of this right to transport the mails, to carry also passen- gers 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- tection of persons and property passing over any of the »onJa'ndp?S.erty oa routes aforesaid, it will employ the requisite force for that ''*°"'""""- purpose; but upon failure to do this from any cause whatever, the Gov- ernment of the United States may, with the consent, or at the request of the Government of Nicaragua, or of the Minister thereof at Wash- ington, or of the competent legally appointed local authorities, civil or military, employ such force for this and for no other pur- pose; and when, in the opinion of the Government of Nica- proiSrt touS^by ragua, the necessity 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 haying 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 ^^^^^^.^^ ^ their neutrality and security, always intend that the pro- umKd°Vtete/may tectiou 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 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. 3769 TR 50 786 TREATIES AND CONVENTIONS. Akticle XVIII. And it is further agreed and understood that in any grants or con Bi bu or citizen. ^^^'^^^ which may hereafter be made or entered into by the Kuo citizen.. QQygj,jjjjjgji^ of Mcaragua, haviug reference to the inter- oceanic routes above referred to, or either of them, the rights and privi- leges 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 em- braced in their original grants or contracts; after which recognition and agreement said guarantee and protection shall be in full force; pro- vided 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 Mcaragua, from the Atlantic to the Pacific Ocean, no company which may have constructed or be in possession of the same shall ever divide, di- rectly or indirectly, by the issue of new stock, the jpaymeut 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 to make this treaty as durable as possible, agree that this treaty shall remain in Duntion of treaty, ^^jj forco for thc tcrm of fifteen years from the day of the exchange of the ratifications; and either party shall have the right to 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- KatiBcationa. •11 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. seal. SEAL. A. B. Dickinson. TOMAS ATON. NICARAGUA, 1870. 787 1870, CONVENTION FOE THE EXTRADITION OF CRIMINALS, FUGITIVE FROM JUSTICE. Concluded June 25, 1870; ratifications exchanged at Managua June 24, 1871; proclaimed September 19, 1871. The United States of America and the Eepublic of Nicaragua, having judged it expedient, with a view to the better administration of justice, and to prevention of crimes within their respective territories and juris- diction, that persons convicted of, or charged with the crimes hereinaf- ter mehtioned, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a convention for that purpose, and have appointed as their Plenipoten- tiaries: The President of the United States, Charles IN". Eiotte, a citizen and Minister Eesident of the United States in Nicaragua, the ^^ ^^.^^^^ President of the Eepublic of Nicaragua, Mister Tomas Ayon, Minister for ForFeign] 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 ^ . ^^^^^ ^^^^ been convicted of or charged with the crimes specified in *;|jfj,°f ° f"*i'«''» the following 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 E,iae„ce 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, ^ .^^^ with any of the following crimes : 1. Murder, comprehending assassination, parricide, infanticide, 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 vessel. 3. The crime of burglary, defined to be the action of breaking and entering by night into the house of another with the intent to commit 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 vio- lence, 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. 5. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, bank-notes, and obligations, and in general of all 788 TEEATIES AND CONVENTIONS. titles of instruments of credit, the counterfeiting of seals, dies, stamps, and marks of State and public administrations, and the utterance thereof. 6. The embezzlement of public moneys, committed within the juris- diction of either party, by public oflcers or depositors. 7. Embezzlement by any person or persons hired or salaried, to the detriment of their employers, when these crimes are subjected to infa- mous punishment. Aetiole III. The provisions of this treaty shall not apply to any crime or offence pewons cannot bo 0^ 3' PoUtical charactcp, and the person or persons delivered extra" ted fonoii' up foF thc crlmcs enumerated in the preceding article, shall ical onences. .*■ ' t. j. ' n' j? t • -.j-t in no case be tried for any ordinary crime, committed pre- viously to that for which his or their surrender is asked. Aeticle IV. If the person, whose surrender may be claimed pursuant to the stipu- offenco, in conn- lations of tho prcscut treaty, shall have been arrested for trr of asylum. ^jjg commisslon 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. Aeticle V. Eequisitions for the surrender of fugitives from justice shall be made Eo uisitions for ^^ ^^^ rcspective Diplomatic Agents of the contracting par- eitrad°t'o'nimodo°of tjcs. Or, lu tho cvcut of tho abscnco of these from the coun- procedure. ^^ ^^ .^^ ^^^^ ^^ govcrnment, they may be made by superior consular of&cers. 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 offtcial character of the judge by the proper execu- tive authority, and of the latter by the Minister or Consul of the United States or of Mcaragua, 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, and of the deposi- tions upon which such warrant may have been issued, must accompany the requisition as aforesaid. The President gf the United States, or the proper executive authority in Mcaragua, may then issue a warrant for the apprehension of the fugitive, in order that he may be brought be- fore the proper judicial authority for examining the question of extra- dition. If it should then be decided that, according to law and evidencQ, 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 tFansportation of the per-, sons claimed shall be paid by the Government in whose Ezpen.ea. Qame thc icquisition shall have been made. NICARAGUA, 1870. 789 Article VII. This convention shall continue in force during five (5) years from the day of exchange of ratifications ; but if neither party shall i,„„tioD or con- have given to the other six (6) months previous notice of its ™°''°"- 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 occupied by the Mcaraguan 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 aflSxed their seals. Done at the city 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 ATON. NORTH GERMAN UNION. 1868. CONVENTION RELATIVE TO NATUEALIZATION. Concluded February 22, 1868; ratifications exchanged at Berlin May 9, 1868; proclaimed May 27, 1868. The President of the United States of America and His Majesty the King of Prnssia in the name of the North German Confederation, led by the wish to regulate 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, Nejotiaiore. Gcorge Baucroft, Envoy Extraordinary and Minister Pleni- potentiary 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 NortU German Confederation, who become naturalized iieciprocai natural- citizcus of thc Uultcd Statds of Amcrica and shall have re- i.Mion conditions, glded Uninterruptedly within the United States five years, shall be held by the North German Confederation to be American citi- zens, and shall be treated as such. Eeciprocally, citizens of the United States of America who become naturalized citizens of the North German Confederation, and shall have resided uninterruptedly within North Germany 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 naturali- zation. 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 other party remains liable to trial and punishment for ted before "Sa- au actlou puuishablo by the laws of his original country and committed before his emigration; saving, always, the limitations established by the laws of his original country. 790 NOKTHcGEEMAN^UNIOlTj-lSeS. 791 Article III. The convention for the mutual delivery ojf criminals, fugitives from justice, in certain cases, concluded between the United Form«r«.i.vmtion States on the one part and Prussia and other States of Ger- '"giu™ wi^ti°i many on the other part, the sixteenth day of June, one '^^"^'^ thousand eight hundred and fifty-two, is hereby extended to all the States of the Forth German Confederation, Abticle IV. If a German naturalized in America renews his residence in Iforth Germany, without the intent to return to America, he shall Kennnciation of be held to have renounced his naturalization in the United <=''i»<">=i'i''- States. Eeciprocally, if an American naturalized in North Germany renews his residence in the United States, without the intent to return to Korth Germany, he shall be held to have renounced his naturaliza- tion in Korth Germany. The intent not to return may be held to exist when the person naturalized in the one country resides more than two years in the other country. Aeticle V. The present convention shall go into effect immediately on the ex- change of ratifications, and shall continue in force for ten Duration or con- years. If neither party shall 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 contracting parties shall have given notice to the other of such intention. Akticle 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 Prussia, in the name of the North German Confederation; and the ratificatipns shall be exchanged at Berlin within six months from, the date hereof. In faith whereof, the Plenipotentiaries have signed and sealed this convention. BeeleS^, the 22d of February, 1868. [seal.] Geoege Banoeoft. [seal.] Beenhaed Konig. OLDENBUEG, 1847. DECLARATION OF ACCESSION TO THE TREATY OF COMMERCE AND NAVI- GATION WITH HANOVER OF JUNE 10, 1846. Concluded March 10, 1847 ; ratifications exchanged at Oldenburg March 10, 1847. Whereas a treaty of navigation and commerce between the United States of America and His Majesty the King of Hanover was concluded at Hanover on the 10th day of June last, by the Plenipotentiaries of the contracting parties, and was subsequently duly ratified on the part of both Governments; And whereas by the terms of the twelfth article of the same, "the United States agree to extend all the advantages and privileges con- tained in the stipulations of the present treaty to one or more of the other States of the Germanic Confederation, which may wish to accede to them, by means of an ofiacial exchange of declarations; provided that such State or States shall confer' similar favors upon the said United States to those conferred by the Kingdom of Hanover, and observe and be subject to the same conditions, stipulations, and obliga- tions ; " And whereas the Government of His Eoyal Highness the Grand Duke of Oldenburg has signified its desire to accede to the said treaty, and to all the stipulations and provisions therein contained, so far as the same are or may be applicable to the two countries, and to become a party thereto; that is to say, to all the said stiipulations and provisions, excepting only those relating to the Stade and the Weser tolls, in which the Government of Oldenburg has no interest, and over which it has no control: Now, therefore, the undersigned, Baron W. E. de Beaulieu Marcon- Dechrstion of ac ^^^^ ^^ ^^^ Prlvy Couucil of Hls Eoyal Highness, and at the tes!ioi>"f'theGra°n'd hcad of the Dcpartmeut of Foreign Affairs, on the part of S"the "ttS'w wuh Oldenburg, and A. D. Mann, Special Agent on the part of the United States, invested with full powers to this efleat, found in good and due form, have this day signed in duplicate, and have exchanged this declaration of the accession (hereby agreed to on the part of the United States) of His Eoyal Highness the Grand Duke of Oldenburg, for the Duchy of Oldenburg, to the treaty aforesaid, the effect of which accession and agreement is hereby declared to be to establish the said treaty between the high parties to this declaration as fully and perfectly, to all intents and purposes, as if all the provisions therein contained, excepting as above excepted, had been recited word 792 OLDENBUKG, 1853. 793 for word in a separate treaty, concluded and ratified between them in the ordinary form. In witness whereof the above-named Plenipotentiaries have hereto affixed their names and seals. Done at Oldenburg this tenth day of March, 1847. [SEAL. [SEAL. A. DUDLET MANiir. W. B. voir Beatjlietj Maeconnay. 1853. DECLARATION OF ACCESSION'' TO THE CONVENTION FOE THE EXTEA- DITIO* OP CRIMINALS, FUGITIVE FROM JUSTICE, OF JUNE 16, 1852, BE- TWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION, AND TO ADDITIONAL ARTICLE THERETO OF NOVEMBER 16, 1852. ' Signed December 30, 1853; proclaimed March 21, 1853. Whereas a treaty for the reciprocal extradition of fugitive criminals, in special cases, was concluded between Prussia and other Statesof the Grermanic Confederation, on the one hand, and the United States of North America on the other, under date of June 16th, 1852, at Wash- ington, by the Plenipotentiaries of the contracting parties, and has been ratiiied by the contracting Governmehts; 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 Confedera- tion which shall have subsequently declared its accession to the treaty: Now, therefore, in accordance therewith, the Government of His Eoyal Highness the Grand Duke of Oldenburg hereby declares Ext^dMoro treaty its accession to the aforesaid treaty of June 16th, 1852, which sSttrSnd'GeSS is, word for word, as follows : states acceded to. [The original declaration here includes a copy in German 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 Grand Duchy of Oldenburg. In testimony whereof, the Grand Ducal Minister of State of Olden- burg, in the name of His Eoyal Highness the Grand Duke of Oldenburg, has executed the present declaration of accession, and caused the Min- isterial seal to be affixed thereto. Done at Oldenburg, December thirtieth, one thousand eight hundred and fifty-three. [seal.] Von Eossing, • Grand Ducal Minister of State of Oldenburg, ^Translation. OEANGE FREE STATE. 1871. GENERAL CONVENTION OF FRIENDSHIP, COMMERCE, AND EXTRADITION Concluded December 22, 1871 ; ratifications exchanged at Wasliington August 18, 1873 ; proclaimed August 23, 1873. The United States' of America and the Orange Free State, equally animated by the desire 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 intercourse of their respective citizens, have mutually resolved to conclude a general con-, vention of friendship, commerce and extradition. For this purpose they have appointed as their plenipotentiaries, to KcBotiator^ ^^^ " ^^® Prcsldent of the United States Willard W. Edg- comb, special agent of the United States and their consul at the Cape of Good Hope, and the President of the Orange Free State Friedrich JKaufman Hohne gov. secty., who, after oommunication 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 the „ , Orange Free State, shall be admitted and treated upon a Equal treatment «•,• n • ' t tj^ • _li j_ i_ • i to citizens of the footing of rcciprocal equality m the two countnes, where tSa nMw'Inciude such admission and treatment shall not conflict with the ""'""■ constitutional or legal provisions of the contracting parties. 'So pecuniary or other more burdensome condition shall be imposed upon them, than upon the 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 enjoyment of political rights. Article II. The citizens of one of the two countries residing or established in the other, shall be free from personal military service ; but «.mS''ae™ice.'"'° t^ey shall be liable to the pecuniary or other contributions which may be required, by way of compensation, from citi- zens of the country where they reside, who are exempt from the said service. 794 ORANGE FREE STATE, 1871. - 795 ISo 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 coun- coS?y"?esidm«°in try, in which they reside, nor any contribution whatever, to SrerlSstlXJ which the latter shall not be liable. • aKo°beonan°»Ju"i In case of war, or of the seizure or occupation of property, %°^TXm^it^B^l for public purposes, the citizens of one of the two countries, "'''°"'«=°- residing or established in the other, shall be placed upon an equal footing with the citizens of the country in which they reside, with respect to indemnities for damages they may have sustained. Aetiole III. The citizens of each one of the contracting parties shall have power to dispose of their personal property within the jurisdic- tion of the other, by sale, testament, donation or in any a^j pJlSeny. ''™°° 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 ab- sence of such heir, heirs or other successors, the same care shall be taken by the 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 meas- ures for possessing himself of the same. But in case real estate situated within the territories of one of the con- tracting parties should fall to a citizen of the other party, who, on account of his being an alien, could not be per- haf ™''°"'' "'' ""^ mitted to hold such property, there shall be accorded to the said heir or other successor, such term as the laws will perpiit to sell such property, he shall be at liberty at all times to withdraw and ex- port tiie 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 inhabitant of the country in which the real estate may be situated. Article IV. Any controversy which may arise among the claimants to the property of a decedent, shall be decided according to the laws and by the judges of the country, in which the property may be iafp^Srw. "'""'" situated. Article V. The contracting parties give to each other the privilege of having, each in their respective States, consuls and vice-consuls of their own appointment, who shall enjoy the same privileges as tio^^privSeB °c: those of the most favored nation. corded toc<.nB»i». But before any consul or vice-consul shall act as such, he shall in thei ordinary form, be approved by the government of the country in which his functions are to be discharged. 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. 796. TEEATIES AND CONVENTIONS. It is hereby understood that in case of offence against the laws by a offsnce. by con- consul Or vice-consiil, the government from which [he re- ™''- ceives] his exequatur may withdraw the same, send him away from the country, or have him punished in conformity with the laws, assigning to tfie other government, its reason for so doing. . The archives and papers belonging to the consulates, shall be invio- late, and under no pretext whatever, shall any magistrate Consular ardilves. '.i /••• "j ■ • * , n or olher functionary inspect, seize, or in any way interfere with them. Article VI. Neither of the contracting parties shall impose any higher or other duties upon the importation, exportation or transit of the yo discrimination . i •-ij'i -i/r^Ji it ji -in in duties on exports uatural or ludustrial products of the other, than are or shall andiinports. ^^ payable upon the like articles being the produce of any other country. Article VII. Each of the contracting parties hereby engages not to grant any favor Most toored na- iQ commcrce to any nation, which shaU not immediately be "'"'■ enjoyed by the other party. Article VIII. The United States of America and the Orange Free State, on requisi- tions made in their name through the medium of their respective diplo- Extradition of uiatic Or cousular agents, shall deliver up to justice persons oriminaifuKitiyes. ^ff]xo, bciug Charged with the crimes enumerated in the fol- lowing 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 commis- sion of the crime shall be so established as to justify their apprehension and commitment for trial, if the crime had been committed in the coun- try where the person so accused, shall be found. Article IX. 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 Crimes. forgcd papcrs, arson, robbery with violence, intim[id]ation or forcible entry of an inhabited house, piracy; embezzle- ment by public officers, or by persons hired or salaried to the detriment of their employers, when these crimes are subject to infamous punish- ment. Article X. Surrender, how to Thc surreuder shall be made by executives of the contract- be made. ' jjjg partlcs respcctivcly. Article XI. The expense of detention and delivery effected pursuant to the pre- ceding articles, shall be at the cost of the party making the demand. ORANGE FREE STATE, 1871. 797 Akticle XII. The provisions of the aforegoing articles relating to the surrender of fugitive criminals, shall not apply to offences committed surrender » apply before the date hereof, nor to those of a political char- Sd '°o°?o pomS acter. °^^'"^- 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 that period, neither of the contracting parties shall have announced, by an official notification, its intention, to the other, to arrest the operations of the s^iid convention, it nation""" °^ "°" 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 will take place. X ' Article XIV. This convention shall be submitted, on both sides to the approval and ratification of the respective competent authorities and the Batiscat.oa. ratifications shall be exchanged 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 22nd day of December in the year of our Lord, one thousand eight hundred and seventy-one. [seal.] W. W. Edgcomb. LSEAL.] F. K. HOHNE. THE OTTOMAN PORTE 1830. TREATY OF COMMEECE AND NAVIGATION.* Concluded May 7, 1830; ratifications exchanged at Constantinople October 5, 1831 ; proclaimed February 4, 1832. The object of this firm instrument, and the motive of this writing well drawn up, is, that — IsTo treaty or diplomatic and ofQeial convention having heretofore existed between the Sublime Porte, of perpetual duration, and the United States of America, at this time, in consideration of the desire formerly ex- pressed, 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 ofiace of Chief of the Chancery of State of the Sublime Porte, ex- isting forever, having been permitted by His very Noble NejotiatiDns. 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 Offley, 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 MerchantB. ^-^^ Uuitcd Statcs of Amcrica, 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 shrill be granted*. * Translation. The original convention is in the Tnrlush language. 798 " THE OTTOMAN POETE, 1830. 799 Article II. The Sublime Porte may establish Shahbenders (Consuls) in the TJnited States of America, and the United States may appoint their ^^^^^ citizens to be Consuls or Vice-Consuls at the commercial 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 Sublime Porte for purposes of commerce shall have liberty Emi>ioyra™t of to employ 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 ofl&cers of the custom-house and the Chancery of the Port than vessels of the most favored nations. Article TV. If litigations and disputes should arise between subjects of the Sub- lime Porte and citizens of the United States, the parties settlement or din- 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 the United States of America, quietly pursuing their com- j„ri.dictio„ over merce, and not being charged or convicted of any crime or African citize™. 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 Porte, may go and come in perfect safety with their own u^i^a state, nag flag; but they shall not take thfe flag of any other Power, «<'i'=''»p=='«i 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 intelli- gence, according to naval usage; and towards merchant vessels they shall exhibit the same kind and courteous manner. 800 TREATIES AND CONVENTIONS. Article VII. Merchant vessels of the United States, in like manner as vessels of passagaoftheDar. tho Diost favorcd natloHs, shall have liberty to pass the danoiies. Caoal of the Imperial Eesidence, and go and come in the 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 Ship, not to be im- taken, for the shipment of troops, munitions and other preased. objccts of wBT, If tfac captalns or proprietors of the vessels, shall be unwilUng 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 shipwrecka. ^^ ^^^ cTBw 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.' CONCLUSION. The foregoing articles, agreed upon and concluded between the Eiasset (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 mouths from the date of this temessuck, or instrument 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 Zilcaade, 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, Eeis-ul-Eutab, {Beis JEffendi.) 1862.* TREATY OF COMMERCE .AND NAVIGATION. Concluded February 25, 1862 ; ratifications excJianged at Constantinople June 5, 1862; proclaimed July 2, 1862. The United States of America, on the one part, and His Imperial Majesty the Sultan of the Ottoman Empire, on the other part, being equally animated by the desire of extending the commercial relations between their respective countries, have agreed, for this purpose, to * See Notes: "Abrogated, suspended, or obsolete treaties." THE OTTOMAN PORTE. 1862. 801 conclude a treaty of commerce and navigation, and have namtid as their respective Plenipotentiaries, that is to say : The President of the United States of America, Edward Joy Morris, Minister Eesident of the Sublime Porte ; and His Imperial , , Majesty the Sultan of the Ottoman Empire, His Highness Mehemed Emin Aali Pacha, Minister of Foreign Affairs, decorated with the Imperial Orders of the Othmanieh in Brilliants, the Majidieh, and Order of 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 heen conferred on the citizens or vessels of the United States of America by privilege, ..( the treaty already existing between the United States of f'^ilTxiiir", America and the Ottoman Empire, are confirmed, now and i»='='n'"'<'^ii''='i- 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 stipulated that all rights, privileges, or immunities, which the c* T_T T» J. _L t j?j. J. i. j^ Most favored nation. Sublime Porte now grajnts, or may hereafter grant to, or sufter to be enjoyed by the subjects, ships, commerce, or navigation of any other foteign 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 be permitted to purchase, at all places in the Ottoman Empire cui^ens orthe and its possessions, (whether for the purposes of internal S°aift p«Ss " IJ trade or exportation,) all articles, without any exception ""'OttomanEmpire. 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 produce, or of every other article whatsoever, as well as all ..p„mita" aboi- " 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 Governor^ 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 th.e same for internal consumption in mto™rc°o''n6ump'! 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 Jn similar circumstances by \,hp RiQSt 3769 XR 51 802 TREATIES AND CONVENTIONS. favored class of Ottoman subjects, or of foreigners in tlie internal trade of the Ottoman Empire. Aeticlb IV. No other or higher duties or charges shall be imposed in the dominions and possessions of either of the contracting parties, on the Duties onezporta, j. j.' j? j_--ij,t i .■ -i exportation of any article to the dominions and possessions of the other, than such as are or may be payable on the exportation of Prohibition. ^^^ ^^^^ article to any other foreign country; nor shall any proh. ,t,on.. 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 Export duty of Ottomau produce or manufacture purchased by citizens of eightperceot. j-jjg xTnltcd Statcs of America, or their agents, either at the place where stich 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- To bs reduced one tioncd wlU bc aunually rcduced by one per cent., until itshall percent, annually, jjg jjj |-}jjg manner flually reduced to a fixed duty of one per 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 Duties in, ^^® Unitcd States of America of any article the produce or 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 Ids 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 ; Prohibitions ^^'^ shall any prohibition be maintained or imposed on the importation of anj"^ 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 Jmport duties not ,, t <■ j. T_ • T " j.- i j_, t to ejceed eight per thc dutie^, to bo imposcd ou cvory article the produce or manufacture of the IFnited States of America imported into the Empire and possessions of His ImperialfjVIajesty the Sultan shall in no cq.se fjxceefi one flxg^rate of ejgjht per cent, ad valorem, or a specific duty, fixed by common consent, equivalent thereto. Such rate shall be THE OTTOMAN PORTE, 1862. 803 calculated upon the value of suck 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 merchandise in transit by land, and be treated as is stated hereinafter in Article XII of this treaty; the administration of the cus- toms 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 ques- tion have paid the import duty of eight per cent., the difference between that duty and the duty levied on goods in 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 ^^ . ^^^ -M^ni^d Principalities of Moldo-Wallachie, or into the Principality r<" Moid'-wTChra, 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 not be liable to th« payment of customs-duty until such ^^ „thBr porta or 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 produce or manufacture of those Principalities, as well as sa™ruie..toei- 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. Aeticlb VII. The subjects and citizens of the contracting parties shall enjoy, in the dominions and possessions of the other, equality of treat- w»rehm..iiiB,b<.ui. ment with the native subjects or citizens in regard to ware- '■'"• ""'' ''""'■'^'i'"- housing, and also in regard to bounties, facilities, and drawbacks. Aeticle VIII. All articles which are or may be legally importable into the United States of America, in vessels of the United States, may no diacrimination likewise be imported in Ottoman vessels ^without being i"f ;J;t'™^,°?yy,"j',^ liabMto any other or higher duties or charges, of whatever "'"■ denomination, than if such articles were imported in vessels of the United States; and, reciprocally, all articles which are or may be legally 804 TREATIES AND C0NVENTI01i[S. importable into the dominions and possessions of His Imperial Majesty the Saltan 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 denominatioh, then 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 shall be perfect equality of treatment in regard to exportation, so that the same export duties shall be paid, and the same bounties and draw- backs allowed, in the dominions and possessions of either of the con- tracting parties, on the exportation of any article which is, or may be, legally exportable therefrom, whether such exportations shall take place in Ottoman or in vessels of the United States, and whatever may be tbe 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 harbor *^^^^^ slmllaf Or corresponding duties of whatever nature, or andTBhfhou."''dS under whatever denomination, levied in the nameor for the ties. 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 country, which shall not equally, and under the same conditions, be imposed, in the like cases, 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 Proofs of nation- ^^ dccmed vessels of the United States, and all vessels aiityorvesaeis. whlch, accordlug to Ottoman laws, are to be deemed Otto- man vessels, shall, for the purposes of this treaty, be deemed vessels of the United States and Ottoman vessels respectively. Article XI. ISTo charge whatsoever shall be made upon goods of the United States, being the produce or manufacture of the United States of certain go'ld. of th" Amerfca, whether in vessels of the United States or other Uniteu States. i ' -i 1 1 -i . /> , <• vessels, nor upon any goods the produce or manufacture ot any other foreign country carried' in vessels pf the United States, when the same shajl pass through the Straits of the Dardanelles, or of tbe Bosphorus, whether such goods shall pass through those straitsnn 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 ves- sels 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. THE OTTOMAN PORTE, 1862. 805 Article XII. The Sublime Porte, desiring to grant, by means of gradual concessions, all facilities in its power to ttansit by land, it is stipulated and agreed that the duty of three per cent., levied Up to this Transit duw. 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 pres- ent treaty, to a fixed and definite tax of one per cent., which shall be 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- self the right to establish, by a special enactment, the meas- ures 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 Xrv. An exception to the stipulations laid down in the fifth article shall be 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 selling tobacco or salt for consumption in the Ottoman Em- T™deremt<,bacco pire, shall be subject to the same regulations and shall pay »»■'«!'"!■■ Turkey. the same duties as the most favored Ottoman subjects trading in the two articles aforesaid ; and furthermore, as a compensation for the pro- hibition of the two articles above-mentioned, no duty what- no .xpon duw ■.,, soever shall in future belevied 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 the quantity of tobacco and salt thus exported to the proper RemiatioM as w customhouse authorities, who shall, as heretofore, have the "■='' "p"""'™ 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 Porte reserves to itself the faculty and right of issuing a ,„,p„rtetio„orgu.. general prohibition against the importation into the Ottoman '"'""'" '"^ """■ Empire of gunpowder, canon, 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 [)rohibition. Any of these articles which have not been so specifically prohibited shall, on being imported into the Ottoman 806 TREATIES AND CONVENTIONS. 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 Guo wder ^^° ^^ allcgcd. Guupowdcr, in particular, when allowed to uopow er. ^^ 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 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 Not to ,ppi7 to small quantities of gunpow'der for sporting, reserved for criain article.. privatc usc, shsU uot bc subject to the stipulations of the present article. Abticbe XVI. The firmans required for merchant-vessels of the United States of rinHm America, on passing through the Dardanelles and the Bos- phorus, shall always be delivered in such manner as to occa- sion to such vessels the least possible delay. Akticle XVII. The captains of merchant-vessels of the United States laden with goods destined for the Ottoman Empire shall be obliged, d=pOTUe'd^„ ci^tom" immediately on their arrival at the port of their destination, to deposit in the custom-house of said port a true copy of their manifest. Aeticle XYIII, Contraband goods will be liable to confiscation by the Ottoman treasury ; but a report or prods verbal of the alleged act of contraband must, so soon as the said goods are seized by the authorities, be drawn up and communicated to theconsular authority of the citizen or subject to whom the goods said to be contraband shall proc«-: ;d « n^i A a asm MM.. '.5 M^ a 1 g 1*1 ^ a M M ?! O I2i-S -«-s §1 (>^o ■«1 en M ^ i H to p S-- Pi <( piece ... " quintal . of walnut Scaramony , . Scissors of Gabrova Senna of Mekha Senaraura Sballi of Angora and Soff, wide and nar- row. Slialli of Constantinople " " Tossia Shawl of Caragialar " coloured of Tunis „, " " " for drawers... Shawl of Tunis called Helati " white gMBts, coloured, of Magnesia Shirts, of cotton " Constantinople II " gauze (Meles) of Broussa ,j " '' Constantinople of Konia inferior Shoes called Yemeni of Bartin II " Khafaf native (inner shoes) - „.' , " " worked Silk braid of Volo II Cocoons of Ama-isia " of the wholeEmpire except Amassia. 3769 TR — -52 ad valorem per 1,000 " oke " quintal . ad valorem . per kilo, each ad valorem . per oke . - -^ . ad valorem., each ad valorem. . per oke each ad valorem. peroke *' 2 boxes of 120 okes. ad valorem peroke " piece of 32 pikes ad valorem, each . 27 each. per pieoe. each per paiT- ad valorem. per oke ad valorem . peroke 568 6 10 6 4.5 70 231 193 128 64 186 262 46 30 138 473 1 424 .178 50 14 818 TREATIES AND CONVENTIONS. Tariff— Artioles of exportation — Continued. Description of merchandise. Silk Cocoons with holes and donhle ones. " " called Boubions and Fri- sons. Silk Cocoons called Eghirmeh made of silk, husks. Silk Knnbs or Husks l : . " spnn by European machinery in the whole Empire. Silk spnn mandgilik»». " " of Cyprus, Aidin, Mentesh6 Scio Candia gighala Aleppo, Beyrout Sidon & Damascus. Silk Stuff called Hakir Ibrahimiah &. Kitabi of the Lebanon. Silk Stuff of Constantinople called Ibra- himiah. Silk Stuff of Aleppo called Sivai super- fine. Silk Stuff of Aleppooalled Sivai inferior.. " " " " '* " middling. Silk stuff watered, called Ghezi of Sparta and Bronssa. Silk and cotton stuff, of Damascus, called Aladje Kitabi and Chitari. Silk and cotton stnff, of Constantinople called Bindalli. Silk and cotton stuffy of Constantinople called Chitari Contouni & Hakir. Silk and cotton stnff, of Aleppo called Coutonni. Silk and cotton stnff, of Bronsa called Coutonni. Silk and cotton stnff, of Damascus " " Constantinople called Damghan6. Silk a^d cotton stuff, of Constantinople called Gulmez. Silk and cotton stuff, of Broussa called Hakir. Silk and thread gauze of Broussa called Meles. Silk and thread ganze of Constantinople called Holes. Silk thread coloured " " of Constantinople called Kar zazih. Silk worm seed of all sorts Silver thread of Constantinople Skins hare of Anatoli " Koumelia lamb and kid sheep of Angora, white & colo ared . " and goats ^. Smoked meat, smoked and dried Soap Soapwort Soksof Volo Soks of Volo colonrod " called Terlik large, of aba " " " small " " *' ordinary Sopha, assortment of Cyprus (2 covers and 12 cushions). Sopha, assortment of Cyprus called Taela and Yastik. Sopha, covers and cushions, red, called Thram and Tastik. Sopha, covers and cushions, of Koumoli white and coloured. Sponges Spoons of Boxwood, black and wide * ' common wood of all sorts * ' " coral and mother of pearl " dyed called Boyama of wood Staves Stirrups of iron Stockings of Adrianople and Zagora ' ' Drama and Salonic^ Qnantities. ad valorem - per oke ad valorem, per oke piece of 9 Tx) 10 pikes . . pr piece , piecfe of 12 pikes . piece oke ad valorem . per 100 each ad valorem . each ad valorem . per quintal . " oke ad valorem per parcel of 10. ' pair — ad valorem . each- per oke . ad valorem . per oke ad valorem - per pair " oke Net prices less 10 %. Piastres, cent. 78 217 155 108 41 57 295 65 197 118 70 99 66 53 83 157 94 3 136 1 13 22 90 24 Eate of Duty, 8%. Piastres, cent. THE OTTOMAN PORTE, 1862. Tariff— Articles of exportation,— Contiaaad. 819 Description of mercbandise. Quantities. Net prices less 10 %. Piastres, cent Eate of duty less 8 %. Piastres, cent. StocIi:iiigs of PhilippODOli and B.njardjik ofVolo....". " " and coloured " of Yourook ordinary Sweet meats, jelly and jam Table covers of Cyprus " " Hama plain and em- broidered in gold. Tallow Tinder of wood •' " cork Timber of all sorts Tongues dried and salted ^. Towels, of Broussa, called Siledjik and Havlou large & small: Towels, of Broussa, called Barma Si- ledjik. Towels, of Constantinople called Barma Siledjik. Towels, of Caraferea called Havlou " " Cyprus called Siledjik " called Akbask Pesbtimal & Havlou. Towels, of Gbeiv6 called Havlou " embroidered in tinsel Tragagantb of Bagdad inferior. . - .■ ", " Buseorah " middling " superfine called Taprak (leaf). Tragaganth inferior called Mablout TrowHers of Constantinople, called Ka- ravana dizlik (blue). Ti-owsers witb gaiters called Polowo of aba of goat's wool. Trowsers embroidered for liorseman " ordinary and gaiters Turban piece, embroidered of Bagdad called Abanee. Turban piece, embroidered of Constan- tinople called Abanee. Turban piece, plain 'of Constantinople called Sestar. Twine Valonia of Aidin TJshak, Crhnedons and others places df^livered at Smyrna. Valonia of Aivadgih Ezineh Mitylene Kemer and Dardenelles. Violet earth called Mor Toprak Walnuts Wax of Bees Weights of Brass " " Copper Wheat per kilo of Constantinopl e Wine of the whole Ottoman Empire, in- cluding common Cyprus.' Wine of Cyprus called Commandaria Wool (sheeps) of Anatolia Eoumelia & , Const pie unwashed & in lime. Wool (sheeps) of Anatolia Eoumelia washed. Wool Syria Tripoli in the west, Bagdad &c unwashed in lime. Wool Syria Tripoli Bagdad wash d Wool Goat's, of Angora Konia, Castam- bol, Gheredeh and Beybazari. WooliGoat's, of Van.... Woolen braid of Constantinople , " cloth called ab^ for military cloaks from Balikesri Bazardgik and Philippopoli. Woolen braid called Aba, coloured, of Philippopoli, also called Sivri, Kaya and Koaidon Taonz. Woolen called Aba of Goat's wool of Islimia. Woolen cloth called Aba of Salonica white & black. per oke ad valorem . per oke per piece . each ad valorem . per oke ad valorem . per oke . " pair : each per oke - . each. " pair . " oke.. each per oke - each . each . per oke per quintal . " oke " kiloof lOOokes. ad valorem per oke ad valorem., per quintal . oke. per piece of 11 pikes Per piece of 17 to 19 pikes " " " 11 12 10 357 20 •""■ manufacture of any other foreign country. 'No prohibition shall be im- posed 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 V. No other or higher duties or charges on account of tonnage, light, or harbor dues, pilotage, salvage in case of damage or ship- ^„ di,crimm.ti„„ wreck, or any other local charges, shall be imposed in any '"''''"™ »"»s>mi>. 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. 832 TREATIES AND CONVENTIONS. Article VI. The same duties shall be paid upon the importation and exportation No di^rimiMtion °^ ^^^ articlc whlch is or may be legally importable or ex- ' o°f !lL'ioEil"s°iE portable into the dominions of the United States of America i:ebMmit,ei^nii and into those of Paraguay, whether such importation or exportation be made in vessels of the United States of America or in Piiraguayan vessels. Article VII. All vessels which, according to the laws of the United States ot proofeofnatiooai- Amedca, arc to be deemed vessels of the United States of ityofvMjei.. America, and all vessels which, according to the laws of Paraguay, are to be deemed Paraguayan vessels, shall, for the purposes of this treaty, be deemed vessels of the United States of America and Paraguayan vessels, respectively. Aeticle VIII. Citizens of the United States of America shall pay, in the territories of the Kepublic of Paraguay, the same import and export in.mpo"tM7eiJl,n dutics whlch arcestablishcd or may be established hereafter °"°' for Paraguayan citizens. lu the same manner the latter shall pay, in the United States of America, the duties which are estab- lished or may hereafter Ije established for citizens of the United States of America. Article IX. All merchants, commanders of ships, and others, the citizens of each country, respectively, shall have full liberty, in all the ter- xensorSIVM^on in. ritorics of thc othcr, to manage their own aftairs themselves, ithe^iL'Eu'eL'Sf- or to commit them to the management of whomsoever they "^ please, as agent, broker, factor, or interpreter ; and they shall not be obliged to employ any other persons than those employed by natives, nor to pay to such persons as they shall think lit to employ any higher salary or remuneration than such as is paid in like cases by natives. The citizens of the United States of America in the territories of Para- guay, and the citizens of Paraguay in the United States of America, shall enjoy the same full liberty which is now or may hereafter be en- joyed by natives of each country, respectively, to buy from and sell to whom they like all articles of lawful commerce, and to hx the prices thereof as they shall see good, without being affected by any monopoly, contract, or exclusive privilege of sale or purchase, subject, however, to . the general ordinary contributions or imposts established by law. , The citizens of either of the two contracting parties in the territories of the other shall enjoy full and perfect protection for their persons and property, and shall have free and open access to the courts of justice for the prosecution and defence of their just rights ; they shall enjoy, in this respect, the same rights and privileges as native citizens ; and they shall be at liberty to employ, in all causes, the advocates, attorneys, or agents, of whatever descrix>tioii, whom they may think proper. PAEAGUAY, 1859. 833 Article X. In whatever relates to the police of the ports, the lading or unlading of ships, the warehousing and safety of merchandise, goods, nighw »; cito™ and effects, the succession to personal, estates by will or °er?i'wr"/"°Sf'" Si otherwise, and the disposal of personal property of every °*''"- sort and denomination by sale, donation, exchange, or testament, or in any other manner whatsoever, as also with regard to the administra- tion of justice, the citizens of each contracting party shall enjoy, in the territories of the other, the same privileges, liberties, and rights as native citizens, and shall not be charged, in any of these respects, with any other or higher imposts or duties than those which are or may be paid by native citizens, subject always to the local laws and regulations of such territories. In the event of any citizen of either of the two contracting parties dying without will or testament in the territory of the other ca.e of the death contracting party, the Consul-General, Consul, or Vice-Con- ?LSt,^ta fte'ttr?" sul, of the nation to which the deceased may belong, or, in ^'y«t<^<'°'-^'"- his absence, the representative of such Consul-General, Consul, or Vice- consul, shall, so far as the laws of each country will permit, take charge of the property which the deceased may have left, for the benefit of his lawful heirs and creditors, until an executor or administrator be named by the said Consul-General, Consul, or Vice-Consul, or his representa- tive. Article XI. The citizens of the United States of America residing in the terri- tories of the Eepublic of Paraguay, and the citizens of the Republic of Paraguay residing in the United States of foreeTToan'tTtTa America, shall be exempted from all compulsory military """' service whatsoever, whether by sea or land, and from all forced loans or military exactions or requisitions ; and they shall not be compelled to pay any charges, requisition, or taxes other or higher than those that are or may be paid by native citizens. Article XII, It shall be free for each of the two contracting parties to appoint Con- suls for the protection of trade, to reside in 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 Gpv- ernment to which he is sent ; and either of the two contracting parties way except from the residence of Consuls such particular places as either of them may judge fit to be excepted. The Diplomatic Agents and Consuls of the United States of America in the territories of the Eepublic of Paraguay, shall enjoy whatever privileges, exemptions, and immunities are or may '^°" '""'''°'"- be there granted to the Diplomatic Agents and Consuls of any other nation whatever ; and, in like manner, the Diplomatic Agents and Con suls of the Eepublic of Paraguay in the United States of America shall enjoy whatever privileges, exemptions, and immunities are or may be there granted to agents of any other nation whatever. 3769 T^ 53 834 TEEATIES AND CONVENTIONS. Aetiole XIII. For the better security of commerce between tlie citizens of the United proviaiona in case States of Amcrfca aud the citizens of the Eepublio of Para- oi war. guay, it is agreed that if at any time any interruption of friendly intercourse or any rupture should unfortunately take place be- tween,the two contracting parties, the citizens of either of the said con- tracting parties, who may be established in the territories of the other in the exercise of any trade or special employment, shall have the priv- ilege of remaining and continuing such trade or employment therein without any manner of interruption, in full enjoyment of their liberty 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 sequestration, or to any other charges or demands than those which maybe made upon the like effects or property belonging to native citizens. If, however, they pre- fer to leave the country, they shall be allowed the time they may require to liquidate their accounts and dispose of their property, and a safe con- duct shall be given them to embark at the ports which they shall them- selves select. Consequently, in the case referred to of a rupture, the public funds of the contracting States shall never be confiscated, seques- tered, or detained. Article XIV, The citizens of either of the two contracting parties residing in the Protection to per- terfitories of the other shall enjoy, in regard to their houses, Bon. and property, pgrsous, aud propcrtlcs, the protection of the Government in as full and ample a manner as native citizens. In like manner the citizens of each contracting party shall enjoy, in the territories of the other, full liberty of conscience, and Rei,g,ouB i.berty. gjjg^jj jj^j. -^^ molcsted On account of their religious belief; and such of those citizens as may die in the territories of the other Rietts of biwiai party shall be buried in the public cemeteries, or in places and worahip. appolutcd for the purpose, with suitable decorum and re- spect. The citizens of the United States of America residing within the ter- ritories of the Eepublic of Paraguay shall be at liberty to exercise, in I)rivate and in their own dwellings, or within the dwellings or oflces of the Consuls or Yice-Oonsuls of the United States of America, their religious rights, services, and worship, and to assemble therein for that purpose without hindrance or molestation. Article XV. The present treaty shall be in force during ten years, counted from Duration of treaty ^^^ ^^'^ ^^ ^^^ cxchauge of tho ratificatious J and, further, until the end of twelve months after tlie Government of the United States of America on the one part, or the Government of Para- guay on the other, shall have given notice of its intention to terminate the same. The Paraguayan Government shall be at liberty to address to the Government of the United States of America, or to its representative in the Eepixblic of Paraguay, tlie official declaration agreed upon in this article. PARAGUAY, 1859. 835 Article XVI, The present treaty shall be ratified by His Excelleucy the President of the United States of America within the term of fifteen months, or earlier if possible, and by His Excellency the President of the Eepublic of Paraguay within twelve days from this date, and the ratifications shall be exchanged in "Washington. ' In witness whereof the respective Plenipotentiaries have signed it, and affixed thereto their seals. Done at Assumption this fourth day of February, in the year of our Lord one thousand eight hundred and fifty-nine. SEAL. SEAL. James B. Bowlin. Nicolas Vasquez. PERSIA. 1856. TEEATY OF FEIENDSHIP AND COMMEECE. Concluded December 13, 1856 ; ratifications exchanged at Constantinople, June 13, 1857 ; proclaimed August 18, 1857. In the name of God, the clement and the merciful. The President of the United States of North America, and His Majesty as exalted as the planet Saturn ; the Sovereign to whom the sun serves as a standard ; whose splendor and magnificence are equal to that of the skies ; the Sublime Sovereign, the Monarch whose armies are as numerous as the stars ; whose greatness calls to mind that of Jeinshid; whose magnificence equals that of Darius ; the heir of the crown and throne of the Kayanians ; the Sublime Emperor of all Persia ; being both equally and sincerely desirous of establishing relations of friendship between the two Governments, which they wish to strengthen by a treaty of friendship and commerce reciprocally advantageous and useful to the citizens and subjects of the two high contracting parties, have for this purpose named for their Plenipotentiaries : The President of the United States of ISorth America, Carroll Spence, Minister Eesident of the United States near the Sublime Nesotrntor.. Portc J ood Hls Majcsty the Emperor of all Persia, His Excellency Emin ul Molk Parrukh Khan, Ambassador of His Imperial Majesty the Shah, decorated with the portrait of the Shah, with the great cordon blue, and bearer of the girdle of diamonds, &c., &c., &c., &c. And the said Plenipotentiaries, having exchanged their full powers, which were found to be in proper and due form, have agreed upon the following articles : Article I. There shall be hereafter a sincere and constant good understanding Deciaraticmofain- betwecu thc Govcmment and citizens of the United States ''■'- of North America and the Persian Empire and all Persian subjects. Aetiole II. The Ambassadors or Diplomatic Agents whom it may please either of the two high contracting parties to send and maintain near the other shall be received and treated, they and all those composing their missions, as the Ambassadors and Diplomatic Agents of the most favored nations are received and treated in the two respective countries ; and they shall enjoy there, in all respects, the same preroga- tives and immunities. 836 PERSIA, 1856. 837 Aeticle III. The citizens and subjects of tho two high contracting parties — travel- lers, merchants, manufacturers, and others — who may reside p„te=t;on to cm- in the territory of either country, shall be respected and T^^°L°SLr?luZ efficiently protected by the authorities of the country and ""'"• their agents, and treated in all respects as the subjects and citizens of the most favored nation are treated. They may reciprocally bring, by land or by sea, into either country, and export from it, all kinds of merchandise and products, . .^^ ^ ^^ .j. and sell, exchange, or buy, and transport them to all places j£l2"|oS'»atumVn in the territories of either of the high contracting parties. lih^TlntSinea^J- It being, however, understood that the merchants of either nation who shall engage in the internal commerce of either country shall be governed, in respect to such commerce, by the laws of the country in which such commerce is carried on ; and in case either of the high contracting Powers shall hereafter grant other privileges con- cerning such internal commerce to the citizens or subjects of other Governments, the same shall be equally granted to the merchants of either nation engaged in such internal commerce within the territories of the other. Aeticle IV. The merchandise imported or exported by the respective citizens or subjects of the two high contracting parties shall not pay in either country, on their arrival or departure, other duties than those which are charged in either of the countries on the merchan- dise or products imported or exported by the merchants and subjects of the most favored nation, and no exceptional tax, under any name or pretext whatever, shall be collected on them in either of the two coun- tries. Aeticle Y. All suits and disputes arising in Persia between Persian subjects and citizens of the United States shall be carried before the Persian tribunal to which such matters are usually referred at the place where a Consul or Agent of the United States may reside, and shall be discussed and decided according to equity, in the presence of an employ^ of the Consul or Agent of the United States. All suits and disputes which may arise in the Empire of Persia be- tween citizens of the United States shall be referred entirely for trial and for adjudication to the Consul or Agent of tho United States resid- ing in the province wherein such suits and disputes may have arisen, or in the province nearest to it, who shall decide them according to the laws of the United States. All suits and disputes occurring in Persia between the citizens of the United States and the subjects of other foreign Powers, shall be tried and adjudicated by the intermediation of their respective Consuls or agents. In the United States, Persian subjects, in all disputes arising between themselves, or between them and citizens of the United States or for- eigners, shall be judged according to the rules adopted ill the United States respecting the subjects of the most favored nation. Persian subjects residing in the United States, and citizens of the United States, residing in Persia, shall, when charged with criminal offences, be tried and judged in Persia and the "^"'"""' °'*°"'' 838 TREATIES AND CONVENTIONS. United States in the same manner as are the subjects and citizens of the most favored nation residing in either of the above-mentioned countries. Article VI. In case of a citizen or subject of either of the contracting parties Effects or persons dyiDg within the territorics of the other, his effects shall be ''''™- delivered up integrally to the family or partners in business of the deceased; and in case he has no relations or partners, his effects in either country shall be delivered up to the Consul or agent of the nation of which the deceased was a subject or citizen, so that he may dispose of them in accordance with the laws of his country. Article VII. For the protection of their citizens or subjects, and their commerce Each Power may respcctivcly, aud in order to facilitate good and equitable Agmt''and'''°S« iclations between the citizens and >8ubjects of the two Consuls. countries, the two high contracting parties reserve the right to maintain a Diplomatic Agent at either seat of government, and to name each three Consuls in either country ; those of the United States shall reside at Teheran, Bender-Bushir, and Tauris; those of Persia, at Washington, New York, and New Orleans. The Consuls of the high contracting parties shall reciprocally enjoy Privileges of Con- 11 the tcrritories of the other, where their residences shall "'''■ be established, the respect, priviledges, and immunities granted in either country to the Consuls of the most favored nation. The Diplomatic Agent or Consuls of the United States shall not pro- tect, secretly or publicly, the subjects of the Persian Government, and they shall never suffer a departure from the principles here laid down and agreed to by mutual consent. And it is further understood, that if any of those Consuls shall engage in trade, they shall be subjected to the same laws and usages to which private individuals of their nation engaged in commercial pursuits in the same place are subjected. And it is also understood by the high contracting parties, that the Diplomatic and Consular Agents of the United States shall not employ a greater number of domestics than is allowed by treaty to those of Enssia residing in Persia. Article VIII. And the high contracting parties agree that the present treaty of friendship and commerce, cemented by the sincere good feel- 'J urotiono treaty. .^^ ^^^ confidencc whlch exists between the Governments of the United States and Persia, shall be in force for the term of ten , years from the exchange of its ratification ; and if, before the expiration a of the first ten years, neither of the high contracting parties shall have announced, by official notification to the other, its intention to arrest the operation of said treaty, it shall remain binding for one year be- yond that time, and so on until the expiration of twelve months, which will follow a similar notification, whatever the time may be at which it Ratiflcaii ™*^ *^'^® place ; and the Plenipotentiaries of the two high contracting parties further agree to exchange the ratifica- tions of their respective governments at Constantinople in the space of six months, or earlier if practicable. In faith of which the respective Plenipotentiaries of the two high con- tracting parties have signed the present treaty, and have attached their seals to it. Done in duplicate inPersian and English, the thirteenth day of Decem- ber, one thousand eight hundred and fifty-six, and of the Hijereh the fifteenth day of the moon of Eebiul Sany one thousand two hundred and seventy-three, at Constantinople. I SEAL, [SEAL. Caeeoll Spence. Emin xjl Molk Eaueukh Khan. PERU-BOLIVIA. 1836.* CONVTilNTION OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION. Concluded, Novemher 30, 1836; ratifications exchanged at Lima May 28, 1838; proclaimed October 3, 1838. The United States of America and the Peru-Bolivian Confederation, desiring to mate firm and permanent the peace and friendship which happily subsist between them, have resolved to fix, in a clear, distinct, and positive manner, 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 desirable purpose, the President of the United States of America has conferred full powers on Samuel Larned, Charg6 Negotiaio™. d'Affalrcs of the said States near the G-overnment of Peru ; and the Supreme Protector of the North and South Peruvian States, President of the Republic of Bolivia, encharged with the direction of the foreign relations of the Peru-Bolivian Confederation, has conferred like powers on John Garcia del Eio, Minister of State in the Department of Finance of the Eorth Peruvian State ; Who, after having exhibited to each other their respective full powers, found to be in due and proper form, and exchanged certified copies thereof, have agreed to the following articles, to wit : Aeticle I. There shall be a perfect, firm, and inviolable peace and sincere friend- Deciarationof sMp, bctwecn the United States of America and the Peru- .mity. Bolivian Confederation, in all the extent of their respective territories and possessions, and between their people and citizens, respectively, without distinction of persons or places. Aeticle II. The United States of America and the Peru-Bolivian Confederation, Mort favored na- dcsiring to llvc lu peacc and harmony, as well with ^each "''°- other as with all the nations of the earth, by med^ns of a policy frank, and equally friendly with all, engage, mutually, not to concede any particular favor to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party to this treaty ; who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional. * See notes: " Abrogated, suspended, or obsolete treaties." 840 PEEU-BOLIVIA, 1836. 841 Aeticlb III. The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries ^.^.^^^^ ^^^^ __ on the liberal basis of perfect equality with the most favored the' 'SZ "of t2° .. i n J.1 i ^1 -J.' _fi 1 _p A. most favored nation. nation, mutually agree that the citizens of each may frequent with their vessels all the coasts and countries of the other, and may reside and trade there in all kinds of produce, manufactures, and mer- chandize, not prohibited to all ; and shall pay no other or higher duties, charges or fees, whatsoever, either on their vessels or cargoes, than the citizens or subjects of the most favored [nation] are, or shall be, obliged to pay on their vessels and cargoes ; and they shall enjoy, respectively, all the rights, privileges, and exemptions, in navigation and commerce, which the citizens or subjects of the most favored nation do or shall enjoy; they submitting themselves to the laws, decrees, and usages there established, to which such citizens or subjects are of right sub- jected. But it is understood that the stipulations contained in this article do not include the coasting trade of either of the two countries ; coastine trade ei- the regulation of this trade being reserved by the parties, "'"'"'• respectively, according to their own separate laws. Article IV. It is likewise agreed that it shall be wholly free for all merchants commanders of ships, and other citizen of both countries, ^ . .^^ ^ ^^ .^. to manage themselves their own business in all the ports, ^ens of oMnaoonin and places subject to the jurisdiction of the other, as well otter ■mb^m^,\i- with respect to the consignment and sale of their goods and """' merchandize, as to the purchase of their returns, unloading, loading, and sending off of their vessels. The citizens of neither of the contract- ing parties shall be liable to any embargo, nor to be detained with their vessels, cargoes, merchandize, or effects, for any military expedition, uor for any public or private purpose whatever, without being allowed therefor a sufficient indemnification. Neither shall they be called upon for any forced loan, or occasional contributions; nor be subject to military service on land or sea. Article V. Whenever the citizens of either of the contracting parties shall be forced to seek refuge, shelter, or relief, in the rivers, bays, p^,,,^^^;^^ ^ ^. . ports, and dominions of the other, with their vessels, whether «en»°oreither pa'r* of war, (public or private,) of trade, or employed in the doSinS>M"of'°thI fisheries, through stress of weather, want of water or °"'°'^' provisions, pursuit of pirates or enemies, they shall be received and treated with humanity ; and all favor and protection shall be given to them , in the repairing of their vessels, procurin g of supplies, and placin g of themselves in a condition to pursue their voyage, without obstacle or hindrance. Article VI. ■.M.,t* ;. All ships, merchandize, and effects belonging to citizens of one of the contracting parties, which may be captured by pirates, ^^_^ whether on the high seas, or within the limits of its juris- bypS'S tlXe'rt diction, and may be carried or found in the rivers, roads, """^ 842 TREATIES AND CONVENTIONS. 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 understood thatthe claim should be made within the term of two years, by the parties themselves, their attornies, or the agents of their respective Governments. Article VII. Whenever any vessel belonging to the citizens of either of the con- tracting parties shall be wrecked, founder, or suffer damage. Shipwrecks ^^ ^^^ coast, or within the dominions of the other, all assist- ance and protection shall be given to the said vessel, her crew, and the merchandise on board, in the same manner afe is usual and customary with vessels of the nation where the accident happens, in like cases; and it shall be permitted to her, if necessary, to unload the merchandize and effects on board, with the proper precautions to prevent their illicit introduction, without exacting, in this case, any duty, impost, or con- tribution whatever, provided the same be exported. Article VIII. The citizens of each of the contracting parties shall have power to Power to di.po,8 dlsposc of thclr personal effects, within the jurisdiction of orperacai effects, ^jjg Qthcr, by salc, douation, testament, or otherwise ; and their representatives, being citizens of the other party, shall succeed to their said personal effects, whether by testament or ab intestate, and may take possession thereof, either 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 said effects are shall be subject „ , to pay in like cases. And if, in the case of real estate, the said heirs should be prevented from entering into possession of the inheritance on account of their character as aliens, there shall be granted to them the term of three years in which to dispose of the same, as they may think proper, and to withdraw the proceeds, which they may do without obstacle, and exempt from all charges, save those which are imposed by the laws of the country. Article IX. Both the contracting parties solemnly promise and engage to give Protection to per- their spcclal protcctiou to the persons and property of the ■one and property cltizcns of cach othcr, of all classes and 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 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 circumstances to which one of the parties thereto has heretofore been exposed, it is PEEU-BOLIVIA, 1836. 843 hereby further stipulated and declared, that all the rights and privi- leges which are now enjoyed by, or may hereafter be conferred on, the citizens of one of the contracting parties, hj or in virtue of the consti- tution and laws of the other, respectively, 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. Article X. It is likewise agreed, that perfect and entire liberty of conscience shall be enjoyed, by the citizens of both the contracting parties, Liberty or con- in the countries 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. Akticle XI. It shall be lawful for the citizens of the United States of America and of the Peru-Bolivian Confederation to sail with their citizens of both ships with all manner of liberty and security ; no distinc- ^"i^vnly'tLTlS- tion being to be made who are the i^roprietors of the mer- '"'^° "reither. 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 under that of several. And it is hereby stipulated, that free rreeehipetomake ships shaU give freedom to goods ; and that everything shall [S '"f^Var "S: be deemed 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 ^^^ be extended to persons who are on board of a free ship, with boa^ a free°s°hip Z this 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 oflflcers 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 applying to 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. 844 TREATIES AND CONVENTIONS. Aeticlb XII. It is likewise agreed that, in cases where the neutral flag of one of the contracting parties shall protect the property of the prmdpte°2i'°K>°n*° eDemics of the other, in virtue of the above stipulation, it trai property. sixskll alwajs be undcrstood that the neutral property found on board of such enemy's vessel 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 of such vessels before the dec laration of war, oreven afterwards, if it were done without the knowl- edge of such declaration ; but the contracting parties agree that, six months having elapsed after the declaration, their citizens shall not be allowed to plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy's property on board, in this case, the goods and merchandise of the neutral, embarked in such ene- my's ship, shall be free. Article XIII. This liberty of navigation and commerce shall extend to all kinds of Liberty of com- mcrchandige, excepting only those which are distinguished SejttrdtoljuoJdS by the name of contraband or prohibited goods, under which '''contrXif tS^ci- name shall be comprehended : 1st, cannons, mortars, howit- ^"^ zers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, grenades and bombs, powder, matches, balls, and all other things belonging to the use of these arms ; 2ndly, bucklers, helmets, breasl^lates, coats of mail, infantry belts, and clothes made up in a military form and for a military use; 3rdly, 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 for the purposes of war, either by sea or land. Article XIY. All other merchandise and things not comprehended in the articles of contraband explicitly enumerated and classified, as above, chandisereiceptTon- shall bo hcM aud cousidcred as free, and subjects of free and lawful commerce, so that the y 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 o. force capable of preventing the entry of the neutral. Article XV, The articles of contraband, of those before enumerated and classified, Contraband oods ^^^^^ ^^J ^^ fouud lu a vcsscl bouud for an enemy's port, onty°°'jabie°to''°on° shall bc subjcct to dcteutlon and confiscation; but the rest of the cargo and the ship shall be left free, that the owners deuSS" °°' '° "" iii^y "ii^pose of them as they see proper, ^o vessel of either of the contracting parties 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, indeed, the quantity of such PEEU-BOLIVIA, 1836. 845 articles be so great, and of so large a bulk, that they cannot be received on board of the capturing vessel 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 XVI. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is . 'Ill 1 Tji- j_T •, • Tj-1 , Notice of 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 con- traband, be confiscated, unless, after being warned of such blockade or investment by the commanding officer of a vessel forming part of the blockading forces, she shall again attempt to enter ; but she shall be permitted to go to any other port or place the master or supercargo shall think proper. Nor shall any vessel of either party iTeeeBreB3.iiowed 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 it, with her cargo ; nor, if found therein before or after the reduction and surrender, shall such vessel or her cargo be hable to seizure, confiscation, or any demand on the score of redemption or restitution, but the owners thereof shall be allowed to remain in the undisturbed possession of their property. And if any ves- ^^^^^ sel, having thus entered the port before the blockade took perSej "S d"p»rt place, shall take on board a cargo after the blockade be Mi'boMrdimi>B''the established, and attempt to depart, 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 said warning, the vessel shall persist in going out with the cargo, she shall be liable to the same consequences to which a vessel attempting to enter a block- aded port, after being warned off by the blockading forces, would be liable. Aetiolb XYII. To prevent all kinds of disorder and irregularity in the visiting and examining of the ships and cargoes of both the contracting ^^^\ „f se„ch at 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 the possibility and safety of making the visit under the circumstances of wind and sea, and in the degree of suspicion attending the vessel to be visited ; and shall send one of her small boats, with no more men than those necessary to man it, for the purpose of executing the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment, in respect of which the commanders of said armed vessels 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 injuries and damages they may commit. And it is expressly ' agreed that the neutral party shaU in no case be required to go on board the examining vessel for the purpose of exhibiting the ship's papers, nor for any other purpose whatever. 846 teeaties'Tn.d conventions. Article XVIII. To avoid all vexation and abuses in tbe examination of the papers relating to tbe ownership of the vessels belonging to the .eis°?o'b» provided cltizeus of thc contracting parties, they have agreed^ and 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 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 and 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 of&cers of the place whence the ship sailed, in the accustomed form, without which If not so rovided ^cquisites the said vessel may be detained to be adjudged raaybeadj-udSraV by thc competcut tribunals, and may be declared a legal ° ""'' prize, unless the said defect shall be proved to be owing to 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 Vessela under con- , ■, ■, -I'l'i-.i i ii • i voy not object to thosc Only which sail without convoy ; and when said ves- ojainination. ^^j^ shall bo uudcr convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the na^tion whose flag he carries, and, when they are bound to an enemy's port, that they have no contraband goods on board, shaU 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- toteklcSizMMS ducted, shall alone take cognizance of them. And when- '""'' ever such tribunal or court of either party shall pronounce judgment against any vessel, goods, or property, claimed by citizens of the otlier 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 commander or agent. of said vessel or property, without any excuse or delay, he paying the le^al fees for the same. Article XXI. Whenever one of the contracting parties shall be engaged in war Citizen, of neitber ^ith auothcr Statc, HO cltizcn of the other contracting Srivatee°rin?'ilKinit V^^^J shall acccpt a commissiou or letter of marque, for the other. ^jjg purposo of asslstlug or co-operating hostilely with the said enemy against the said party so at war, under pain of being treated as a pirate. PEEU-BOLIVIA, 1836. 847 Article XXII. If, at any time, a rupture should take place between the two con- tracting nations, and (which God forbid) they should be- ^^^^ come engaged in war with each other, they have agreed, and do agree now, for then, that the merchants, traders, 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 re- maining and continuing 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 behave peaceably and properly, and commit no offense against the laws. And in case their conduct should render them suspected of malpractices, and, hav- ing thus forfeited this privilege, the respective 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, eftiscts, and property; to which end the necessary safe con- duct shall be given to them, and which shall serve as sufBcient protec- tion 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, 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 may have in public funds, nor in public or private banks zenrjot'w'be ™ shall ever, in any event of war or national difference, be ''°°""° ' sequestered or confiscated. Article XXIV. Both the contracting parties being desirous of avoiding all inequal- ity in relation to their public communications and official immunities of pub 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 door 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 America and the Peru-Bolivian Confederation shall afford in future to the navigation and commerce of the citizens of intoTmta opei"w each other, they agree to receive and admit Consuls and ^°'°"^ '<'""">":'=■ yice-Consuls in all the ports open to foreign commerce; who shall epjoy, within their respective consular districts, all the rights, preroga- tives, and immunities of the Consuls and Vice-Consuls of the most 848 TREATIES AND CONVENTIONS. favored nation, each contracting party, however, remaining at liberty 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 commission, and partics may enjoy the rights, prerogatives, and immunities exequatur. wMch beloug to thcm 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 accredited ; and, having received their exequatur, they shall be held and considered as such Consuls and Vice-Consuls by all the authorities, magistrates, and inhabitants in the consular district in whiclj they reside. Article XXVII. It is likewise agreed that the Consuls, Vice-Consuls, their secretaries. Privilege, of con- ofQccrs, aud pcrsous attached to their service, (they not '""■ being citizens of the country in which the Consul or Vice- 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 everything besides, subject to the laws of the Consular archive, i^^spcctive Statcs. Tho archlvcs, and papers of the consu- lates shall be respected inviolably, and under no pretext 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 tb^ 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 this purpose they shall address themselves to the courts, judges, or officers competent, and shall de- mand the said deserters in writing, proving, by an , exhibition of the ship's roll or other public document, that the men so demanded are part of the crew of the vessel from which it is alleged they have de- serted ; and on this demand, so proved, (saving, however, when the contrary is more conclusively proved,) the delivery shall not be refused. 8uch deserters, when arrested, shall be put at the disposal of the said Consuls or Vice-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 belong, or to others of the same nation ; but if they should not be so sent 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 XXIX. For the purpose of more effectually protecting their commerce and coosniar conven uavigatlou, thc two coutractiug parties do hereby agree to tion to be formed, form, as sooH hereaftcr as may be mutually convenient, a consular convention, which shall declare, specially, the powers and im-. mupities of the Consiils and Vice-Consuls of the respective parties, PERU-BOLIVIA, 1836. 849 AKTICLE XXX. The United States of America, and tlie Peru-Bolivian Confederation, desiring to make as durable as circumstances will permit the relations which are established between the two parties ■"•"""" ">• in virtue of this treaty, or general copvention of peace, friendship, com- merce, and navigation, have declared solemnly, and do agree, as follows: Ist. The present treaty shall be in force for twelve years from the day of the exchange of the ratifications thereof ; and, further, - 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 shall be held personally responsible therefor, and the har- t^^^Zo'^'mI -I J T Tj_ 111 .• tions of this treaty. mony and good correspondence between the two nations shall not be interrupted thereby ; each party engaging in no way 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 the stipulations contained in the present treaty shall be vio- lated or infringed in any other way whatever, it is expressly ciaref "Sii'^edn.^ i_-i T T.ij • It /»ii j_ j_» has been demanded. 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 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 have demanded redress and satisfaction, and the same shall have been either refusedor unreasonably delayed. 4thly. Nothing in this treaty contained shall, however, be construed to operate contrary to former and existing public treaties „ ^ .,,^ .t,.*' . or other trcRtiea not With other states or sovereigns. ". ^e an-ected by 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 Eepublic of Bolivia, encharged with the direction of the foreign relations of the Peru-Boliv- ian Confederation; and the ratifications shall be exchanged within eighteen months from the date of the signature hereof, or sooner if pos- sible. 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. JEt&UficatioDB. [SEAL. [SEAL. Samuel Lakned. J. Garcia del Kio. 3769 RT 51 PEEU. 1841. CONVENTION FOE THE SETTLEMENT OF CLAIMS OF CITIZENS OF THE UNITED STATES. ConclvAed March 17,1841; ratifications exclianged at Lima July 22, 1843, and October 31, 1846; proclaimed February 21, 1844, and January 8, 1847.* The United States of America and the Ilepublic of Peru, desirous of consolidating permanently the good understanding and friendship now happily existing between the parties, have 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 0. Pickett, Charg6 d' Affaires of said States Nwtotor.. ^^^^ Peru, and His Excellency the President of the Eepub- lic of Peru has appointed Don Manuel del Eio, principal offtcer 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 Peru to pay United various clalm of citizens of the United States, on account states $300,000 qJ sclzurcs, captures, detentions, sequestrations, and con- fiscations 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 Grovernment of Peru, or under its au- thority, has stipulated, to pay to the United States, the sum of three * The reason why this treaty was proclaimed twice will appear in the ibllowing 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 he 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 Eepublic of Peru did, on the 21st of October, 1845, by law, approve in all respects the said convention, with tnecondition, however, that the first annual instalment of thirty thousand dollars on account of the principg.! of the debt recognised thereby, and to which the second article relates, should begin from the 1st of January, 1846, and the interest ou this annual sum,, according to Article III, should be calculated and paid from the Ist of January, 1842 ; and whereus the said convention and the aforesaid modification thereof have been duly ratified, aind 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 Eio, on the part of the Eepublic of Peru : Now, therefore, be it known," &c 850 851 hundred thousand dollars, \*hich 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. Article II. The sum of three hundred thousand dollars, which the Government of Peru has agreed to pay, in the preceding article, shall be to be p»m imen paid at Lima, in ten equal annual instalments of thirty thou- ''"°>'»ii''"»i"'=""»- 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. Aeticle III. The Peruvian Government agrees also to pay interest on the before- 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 I\. All the annual payments made on account of the three hundred thou- sand dollars, shall be paid in hard dollars of the same Toiepaidmhard 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. Aeticle V. There shall not be demanded of the Government of Peru! any other payment or indemnification, on account of any claim of the ^0 further demand citizens of the United States, that was presented to it by ror''oiB"Ss''presS.ted Samuel Larned, esquire, when Charg6 d' Affaires 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 option of paying each annual instalment, when it is due, optionaiwithpen. with orders on the custom-house at Oallao, which shall be J,° Som-hon°B''e"? 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. 852 TREATIES AND CONVENTIONS. 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 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 at the city of Lima, this seventeenth day of March, in the year of our Lord one thou- sand eight hundred and forty-one. SEAL.] J. C. Pickett. SEAL.] Manuel del Eio. 1851.* TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGCTION. Concluded July 26, 1851 ; ratifications exchanged at Washington, July 16, 1852 ; proclaimed July 19, 1852. The United States of America and the Eepublic of Peru, being equally animated with the desire to render firm and permanent the peace and friendship which have always so happily subsisted between them, and to place their commercial relations upon the most liberal basis, have re- solved 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 Eandolph Clay, NwtiBtor.. ^j^^ accredited Charg6 d'Affaires of the said States to the Government of Peru, and the President of the Eepublic 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 Eepublic of Peru, and DeclarRtion ol amity, ij ii* j* i •.* ■■ i>j> between. their respective territories, people, and citizens, without distinction of persons or places. Article II. The United States of America and the Eepublic of Peru mutually Freedom of com- sgrcc that thcrc shall bc reciprocal liberty of commerce and merce. Davigatiou between their respective territories and citizens; th^ citizens of either republic may frequent with their vessels all the coasts, portsfi andiplaces of the other, wherever foreign commerce is permitted, and reside in all parts of the territores of either, and occupy • See Notes: " Abrogated, suspended, or obsolete treaties." PERU, 1851. 853 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 goods, ten.^f o^nau™ » merchandise, manufactures, and produce not prohibited to otLr°"i'°'biiiiiU! 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 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 of ™'e "aSon'S'™ the natives of the country wherein they reside, on condition "'""°'y°"'"'°"'"- 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 expe- tlition, or for any public purpose whatsoever, without being allowed therefor a full and sufELcient indemnification, which shall in all cases be agreed upon and paid in advance. Aeticle in. The two high contracting parties hereby bind and engage themselves not to grant any favor, privilege, or immunity whatever, in ,. " „ "' ' S • i- i iJ_ i- 1 ■ 1. Most f»TOI«l MtioiL matters of commerce and navigation, to other nations, which shall not be also immediately extended to the citizens of the other con- tracting 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. Aeticle IV. Ifo highe* or other duties or charges on account of tonnage, light- houses, or harbour dues, pilotage, quarantine, salvage in case n„ di.crimm.tioii of damage 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 tons 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. Aeticle V. All kinds of merchandise and articles of commerce which may be lawfully imported into the ports and territories of either of ,, ^.^ . . the bigh contracting parties in national vessels may also ■" aSties o"°S;oJ°° be so imported in vessels of the other party, without paying °oi°°ta°whSi°7rti.' other or higher duties and charges of any kind or denonqi- "r"°'T"°i^ nation whatever than if the same merchandise and articles of com- merce were imported in national vessels ; nor shall any distinction be made in the manner of making payment of the said duties or charges. 854 TREATIES AND CONVENTIONS. 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. Aeticlb YI. Fo higher or other duties or charges shall be imposed or levied upon No diacriiiDatmg the importatioii into the ports and territories of either of of oauoSity'oFS' tho high contractlug parties of any article the produce porta. growth, or manufacture of the other party, than are or shall be ijayable on the like article being the produce, growth, or manufact- ure of any other country ; nor shall any prohibition be imposed upon the importation 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. Aeticle YII. All kinds of merchandise and articles of commerce which may be law- No discriminMion Mly Bxportcd from the ports and territories of either of the Sid^oSntierontl: blgh coiitractlng parties in national vessels may also be ex- Dort.. ported in vessels of the other party ; and they shall be sub- ject to the same duties only, and be entitled to the same drawbacks, bounties, and allowances, whether the same merchandise and articles of commerce be exported in vessels of the one party or in vessels of the other party. Aeticle VIII. No changes or alterations in the tariffs of either of the high contract- chsnges in duties, iDg paxtles, augmenting the duties payable upon merchandise when to take oBoot qj. articlcs of commercc of any sort or kind imported into 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. Aeticle IX. It is hereby declared that the stipulations of the present treaty are Provision, as to not to bc uudcrstood as applying to the navigation and toasting trade. coastiug trade between one port and another situated in the 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 .Vessels may visit P^rt of thclr cargoBS at one port open to foreign commerce .nceessive port., jjj ^jjg territorfes 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 fEiJu, 1851. S65 be paid by natioaal 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 pro,iBion. as to accord to any citizen or citizens of the United States who >'""'-"=="i' may establish aline of steam -vessels, to navigate regularly between the 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. J3.KTICLE XI. Eor the better understanding of the preceding articles, and taking into consideration the actual state of the commercial marine w^^,3^„„j^ ■„„. of Peru, it is stipulated and agreed that every vessel belong- '^^^^•' peroS ing exclusively to a citizen or citizens of the said republic, and of where 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 p,;,,,^^^,^^^^,,^ sail from one port to another for the purposes of refreshment ehiS" ff 'pemin 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 without paying any tonnage or har- bour 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 additional amount of one thousand dollars, ad valorem, for each vessel, upon paying for the said additional articles the same du- ties ias 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 of either contracting party, shall be wholly free to manage ,1 . , , ° , ™7 . . n j_-i ^ 11 Pnvilegee of citi- their own business and affairs, m all the ports and places ^ens of one nation m within the jurisdiction of the other, or to commit their busi- o'he'""n°'b°LMs iiess and affairs to the management of any person whom * This article was amended by the convention of July 4, 1857. 856 TREATIES AND CONVENTIONS. they may choose to appoint, as aigent, factor, consignee, or interpreter. They shall not be restrained in the choice of persons to act in such ca- pacities, 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 regulations of commerce established in the respective countries being in every case duly observed. Abticlb XIV. Peruvian citizens shall enjoy the same privileges in frequenting the prmie e» of Peru ™^°®S' ^^^ ^^ digging Or worklug for goM upon the public .kn"7/t'i!IS.meTSf lauds situated in the State of California, as are, or may be hereafter, accorded by the United States of America to the citizens or subjects of the most favored nation. Aeticle XV. The citizen's of either of the high contracting parties shall have the Eight to di»po» full power and liberty to dispose of their personal property of property. ^jj^j cffccts, of cvcry klud and description, within the juris- 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 intestate, 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 than 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 Shi wrecks parllcs should be wrecked, suffer damage, or be left derelict, on or near the coasts, within the territories of the other, all 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 pj^oper precautions to prevent their illicit introduction, without exacting in such case any duty, impost, or contribution whatever, provided the same be exported. PERU, 1851. ' 857 Article XVII. When through stress of weather, want of water or provisions, pursuit of enemies or pirates, the vessels of one of the high con- samesubett. tracting parties, whether of war (public or private) or of samesujett. 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 ; sufBcient 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, and to place them in a condition to pursue their voyage without obstacle or hindrance. Article XYIII. All vessels, merchandise, and effects, belongingto the citizens of either of the high contracting parties, which may be captured by pirates, either on the high seas or within the limits of its ured'Tom "iXl . 1. , . J -1^ -i-i ^ T'j_i • to be reatored. jurisdiction, and may be carried into or found m 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 tha.t 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 p„tecti(mtoper. of each other, of all classes and occupations, who may be »°''»»"ip'w'i'- dwelling or transient in the territories subject to their respective juris- diction ; they shall have free and open access to 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, and they shall be at liberty to employ, in all causes, the advocates, attor- nies, notaries, or agents, of whatever description, whom they may think proper. The said citizens shall not be liable to imprisonment 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 aftei arrest ; and if not so examined, the accused shall forthwith be discharged from custody. Said citizens, when detained in prison, shall be treated during their imprisonment with humanity, and no un- necessary severity shall be exercised towards them. Article XX. It is likewise agreed that perfect and entire liberty of conscience shall be enjoyed by the citizens of both the contracting parties Liberty or co- 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 citizens Rights ;pf-^u rial. of one of the contracting parties, who may die in tbe terri- tories of the other, shall be buried in the usitkl'^'tiur^iiig'- ' grounds, or In other decent and suitable places, and shall be protected from violation or disturbance. 858 TREATIES AND CONVENTIONS. AETICLE XXI. The citizens of the United States of America and of the Eepublic of Trade with ei>«- Pepu maj sail with their vessels, with entire freedom and mies. security, from any port to the ports or places of those who now are, or hereafter shall be, enemies of either of the contracting par- ties, whoever may be the owners of the merchandise laden in the said vessels. The same citizens shall also be allowed to sail with their ves- sels, and to carry and traffic with their merchandise from the ports and places of the enemies of both parties, or of one of them, without any hindrance, not only to neutral ports and places, but also from 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 belonging 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. Aeticle XXII. When the neutral flag of one of the contracting parties shall protect Neutrai.good.- ^^c propcrty of the enemies of the other, in virtue of the pre- enemies' vessel,, ccdiug artlclc, Dcutral property found on board enemies' vessels shall likewise be considered as enemies' property, and shall be subject to detention and confiscation, unless it shall have been put on board before the declaration of war, or 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. Aeticle XXIII. The liberty of commerce and navigation stipulated for in the preced- contraband ar- JDg artlclcs shall cxtcud to all kinds of merchandise except ticteB. ^jjg articles called contraband of war, under which name 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. 2nd. Bucklers, helmets, breastplates, coats of mail, accoutrements, and clothes made up in military form and for military use. PERU, 1851. 859 '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. AUTICLE XXIV. All other merchandise and things not comprehended in the articles of contraband explicitly enumerated and classified as above a„ other jooJs shall be held and considered as free and subjects of free and bS'ee«d'"'oJ°biock° lawful commerce, so that they may be Carried and trans- °''°''- 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 attached by a force capable of preventing the entry of the neutral. Article XXV. The articles of contraband, or those before enumerated and classified, which may be found in a vessel bound for an enemy's ports, p^^,,;^,^^^ ,„„^^ shall be subject to detention and confiscation ; but the rest caae™o7coSinsaid oaths shall be entered upon the record of the proceedings of said commission. • Akticle IV. The arbitrator or umpire being appointed, the Commissioners shall without delay, proceed to examine and determine the claims ciaim« to be ei- specified in the first article, and shall hear, if required, one "'"'""'• person in behalf of each Government on each separate claim. Mode of procedure. Each government shall furnish, at the request of either of p.^ere to be fur. the Commissioners, the papers in its possession which may "''""^ be important to the just determination of any of the claims referred. Article V. Prom the decision of the Commissioners there shall be no appeal; and the agreement of three of them shall give full force and effect to their decisions, as well with respect to the justice of their miBaS™ "o'Te claims as to the amount of indemnification that may be ad- AVeement of three judged to the claimants ; and in case the Commissioners cannot agree, the points of difference shall be referred to the arbitrator or umpire, betore 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 duty of the Commissioners to report to the respective Gov- cuied"Tithout"j: ernments the result of their proceedings; and if the decision """'' of said Commissioners require the payment of indemnities to p,y„e„t,, how 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, each Government shall appoint a secretary to assist in the secretary to the transaction of their business and to keep a record of their '^'""">'»»'<>°- proceedings, arid for the conduct of their business said com- ^"'" """"'""■ missioners are authorised to make all necessary rules. Article VIII. The decisions of this Commission, or of the umpire in case of a difference between the Commissioners, shall be final and conclusive, DeeiBions to to and shall be carried into full effect by the 'two contracting ""'"■ parties. The Commission shall terminate its labors in six m'[n°"e"'iT°»ii jmonths from and including the day of its organization ; jpro- "«""'"■ ' • " 872 TREATIES AND CONVENTIONS. vided, however, if at the time stipulated for the termination of said Commission any case or cases should be pending before the thSS'Ss'Sdiuon- umpire and awaiting his decision, it is understood and agreed by the two contracting parties that said umpire is author- ised to proceed and make his decision or award in such case or cases ; and upon his report thereof to each of the two Governments, mention- ing 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; pro- vided that said decision shall be made by said umpire within thirty days after the final adjournment of said Commission, and at the ex- piration of the said thirty days the power and authority hereby granted to said umpire shall cease. Akticle IX. Each Government shall pay its own Commissioners and secretary, but the umpire shall be paid, one-half by the Government Expensm. ^^ ^^^ United States and one-half by the Eepublic of 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. [SEAL. [SEAL, Cheistophee Eobinson. JosiS G. Paz Soldan. 1868. CONVENTION FOE THE, SETTLEMENT OF CLAIMS. Concluded, December 4, 1868 ; ratifications exchanged at Lima 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 United 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 wiU contribute ninch 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 feonven- tion, and have named as their Plenipotentiaries to. confer aiifl agree thereupon, that is to say : The President of the United States names Alvin P. Hovey, Envoy HeiotimioM Extraordiuary and Minister Plenipotentiary of the United "° °' States of America near the Government of Peru; and the PERU, 1868. 873 President of Peru names His Excellency Doctor Don Jos6 Antonio Barrenechea, Minister of Foreign Affairs of Peru ; Who, after having communicated to each other their respective full powers, found in good and true form, have agreed as follows : Aeticle I. The high contracting parties agree that all claims on the part of cor- porations, companies, or private individuals, citizens of the United States, upon the Government of Peru, and all claims ">^ Sa mLedm?^ on the part of corporations, companies, or private individuals, 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 speci- fied in Article III hereinafter, shall be referred to the two Commis- sioners, who shall be appointed in the following manner, that is to say: One Commissioner shall be named by the President of the jvppomtm«»t of United States, and one by the President of Peru. In case ™°>">i«»»»"»- 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 forthwith name another person to act as Com- missioner in the place or stead of the Commissioner already named. The Commissioners so named shall meet at Lima at their earliest con- venience after they 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 o^'i'^*""-- solemn declaration that they will impartially and carefully 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 8uch claims as shall be laid before them on the part of the Govern- ments of the United States and Peru, respectively, and such declara- tions 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 by lot which of the two persons so named shall be the . ipj„i„tme,.t of 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 procieedings. In the event of the death, absence, or incapacity of such person^ or persons, or of his or their omitting or de- clining, or ceSfclsing 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 declaration as aforesaid. 874 TREATIES AND CONVENTIONS. Article II. The Commissionfers shall then forthwith proceed to the investigatioil 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- ner as they may conjointly think proper, but upon such, evidence or information as shall be furnished by or on behalf of their respective Claims to be ex- Govemments. They shall be bound to receive and peruse amined. g^|^ writtcu documeuts or statements which may be presepted 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 person on each side on behalf of each Government as Counsel or Agent for such Gov- ernment, on each and every separate claim. Should they fail to agree in opinion on any individual claim, they shall call to thfeir assistance the Arbitrator or Umpire whom they have agreed to name, or who may Mode of proced- ^c determined by lot, as the case may be, and such Arbi- ""• trator or Umpire, after having examined the evidence ad- duced for and against the claim, and after having heard, as 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 Arbitrator or Umpire shall be given upon each claim iu writing, and shall be signed by them respectively. Agents to be ap- It shall bc compcteut for each Government to name one ipomted. person to attend the Commissioners as agent 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, and the President of Peru, hereby Deeisiom to be solomuly aud sincerely engage to consider the decision of the ^""■^ Conimissioners conjointly, or of the Arbitrator or Umpire, 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 whatsoever. 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 conven- tion. Aetiolb III. Every claim shall be presented to the Commissioners within two months -Time for present- fro™ thc day of thclr tirst mectlng, unless in any case where -«a claims. 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 presenting the claim may be extended to any period not exceeding one month longer. The Commissioners shall be bound to examine and decide upon every claim within six months from the day of their first meeting. Aeticle IV. All sums of money which may be awarded by the Commissioners, or Payment of ^J tho Arbitrator or Umpire, on account of any claim, shall awards. jjg p^jfl by i\^Q qj^q Govemmcnt to the other, as the case may be, within four months after the date of the decision, without in- terest, and without any deduction, save as specified in Article VI, here- inafter. PEEU, 1868. 875 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- Rea„it„f proceeds tlement of every claim upon either Government arising out aeraent "of^'.li of any transaction of a date prior to the exchange of the "'"'"'• ratifications of the present convention ; and further engage that every such claim, whether or not the same may have been presented tp the notice of, made, preferred, or laid before the said Commissioners, shall, from and after the conclusion of the proceedings of the said Commission, be considered and treated as finally settled, barred, and therefore in- admissible. Article VI. The salaries of the Commissioners shall not exceed forty-five hundred dollars in United States gold coin, each, yearly. Those of the secretaries and Arbitrator or Umpire shall be deter- mm-mnm'ymtSl,', 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- duction on the amount of the sums awarded by the Commissioners, pro- vided always that such deduction shall not exceed the rate of five per cent, 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 United States, by and with the consent of the Senate thereof, and by the President of Peru, with the approbation of the Congress of that Eepublic, 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 obligatorv on them, and that ,, , . 7. J 1-1 i J. t • ^T_ This convention they remain in perrect libei'ty to proceed m the mannner not to be a precedent ,,, . _, , .. !• IT T'l as to tuture claims, 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. SEAL. SEAL. Alvin p. Hovet. J. A. Barbenechea. 876 TREATIES AND CONVENTIONS. 1870. • TEEATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION. Concluded September 6, 1870 j ratifications exchanged at Lima May 28, 1874; 'proclaimed July 27, 1874. The United States of America and the Republic of Peru, being equally animated with the desire to render firm and permanent the peace and friendship which have always so happily subsisted 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 Alvin P. Hovey, the accredited Envoy Extraordinary and Minister Plenipotentiary of the said States to the Government of NeotiMor. Peru, aud the President of Peru has conferred like full powers upon Doctor Jos6 Jorge Loayza, Minister of Foreign Affairs, 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 Declaration of the Uuitcd Statcs of Amcrica and the Eepublic of Pern, amity. g^jj^ bctwceu thcir respective territories, people and citi- zens, without distinction of persons or places. Article II. The United States of America and the Eepublic of Peru mutually Liberty of com- Rgrce that thorc shall be reciprocalliberty of commerce and tnerce and navlga- . ,. ■% • jt« i* i •• • t • >• tion. navigation between their respective territories and citizens ; ponl!" '° '""^''""' the citizens of either republic may frequent with their ves- sels, all the coasts, ports, and places of the other, wherever foreign com- merce is permitted, and reside in all parts of the territory of either, and occupy the dwellings and warehouses which they may require; and everything belonging thereto shall be respected, and Arbitrary .earches. shall uot bc subjcct to any arbitrary visits or search. TradiiM. - rpjig 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 goods, merchandise, manufactures, 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 or imposts than those which are or may be Efluai.tyoftaxe,. ^^.^ j^^ natlvB citlzeus. The citizens of either country shall also have the unrestrained right to travel in any part of the TraTehag. posscssious of thc othcr, and shall in all cases enjoy the same security and protection as the natives of the country wherein they reside, on conditibn of their submitting to the laws and ordinances there prevailing : they shall not be called upon for any forced loan or extraordinary contribution, for any mili- tary expedition, or for any public purpose whatever, nor * See Notes : " Abrogated, suspended, or obsolete treaties." PERU, 1870. 877 shall they be liable to any embargo, or be detained with their vessels, cargoes, merchandise, goods or effects, without being allowed therefor a full and sufficient indemnification, which shall in all cases indemnity for .m. be agreed upon and paid in advance. ''"''°- Aktiole III. The two high contracting parties hereby bind, and engage themselves not to grant any favor, privilege, or immunity whatever, in „„,, f„„,ed matters of commerce and navigation, to other nations, which °"'°"- shall not be immediately extended also to the citizens of the other con- tracting 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- houses or harbor dues, pilotage, quarantine, salvage in case no ducriminstbg duties on veaaelB. of damage or shipwreck, or any other local charges, shall be imposed in any ports of Peru on vessels of the United States than those payable in the same ports by Peruvian vessels : nor in any of the ports of the United States by Peruvian vessels than shall be payable in the same ports by vessels of the United States. Akticlb V. All kinds of merchandise and articles of commerce which may be lawfully imported into the ports and territories of either of ^^ di,„i„i„a,i the high contracting parties in national vessels, may also be duueaoolmpS'^ , ■% ' -r n ji j_i ±. *Jt 1. • account of nation- so imported in vessels of the other party without paying aiity or ■>^«si, im other or higher duties or charges of any kind or denomina- tioa 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 preceding 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 di- rectly from the ports of the country to which they appertain or from the ports of any other nation. Aeticle VI. S'o higher or other duties or charges shall be imposed or levied upon the importation into the ports and territories of either of ^o diacrtamating 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 manu- facture of any other country ; nor shall any prohibition be imposed upon the importation 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. duti(!3 on account of natioDslity of im- ports. 878 TREATIES AND CONVENTIONS. Aeticle VII. All kinds of merchaudise and articles of commerce which may be No discrimination lawfullj cxpoitcd from thc ports and territories of either of !.°d"bonnu'e7orex: thc high coutracting parties in national vessels, may also ports. ^jg exported in vessels of the other party; and. they shall be subject to the same duties only, and be entitled to tl^e same draw- backs, bounties and allowances whether the same merchandise and articles of commerce be exported in vessels of the one party, or in ves- sels of the other party. Article VIII. It is hereby declared that the stipulations of the present treaty are not to be understood as applying to the navigation and Coasting trade. (jQastiug trade between one port and another situated in the territ/ories of either contracting party, the regulation of such naviga- tion 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 Right to proceed commercc in the territories of either of the high contracting from port to port, partlcs, aud to proceed with the remainder of their cargo to any other port or ports of the same territories open to foreign com- merce, 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 IX. The Eepublic of Peru desiring to increase the intercourse along its coasts by means of steam navigation hereby engages to accord to any citizen or citizens of the United States who may establish a line of i,i„ee of steam- stcam vcsscls to uavigato regularly between the different vessels. ports of cutry within the Peruvian territories, 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 baggage, specie and bullion, carrying the public mails, establishing depots for coal, erecting the necessary machine and work shops for re- pairing and refitting the steam vessels, and all other favors enjoyed by any other association or company whatsoever. It is furthermore under- stood between the two high contracting parties that the steam vessels of either shall not be subject in the ports of the other party on''v°essek°of°stea'm- to any dutlcs of tounagc, harbor, or other similar duties whatsoever, than those that are or may be paid by any . other association or company. Article X, ' For the better understanding of the preceding articles, and taking Nationaiit ofpern ^^^^ cousideratiou the actual state of the commercial marine via''°v™eu° ho» of Pcru, it Is Stipulated and agreed that every vessel be- longing exclusively to a citizen or citizens of the said republic and of which the captain is also a citizen of the same, though the con- struction or the crew is op may be foreign, shall b© considered, for all of the objects of this treaty, as a Peruvian v^^sel, PEEU,^ 1870. 879 Article XI. The merchants, commanders or masters of vessels, and other citizens of either contracting party, shall be wholly free to manage ^ . .^^ ^^^^ .^. their own business and affairs in all the ports and places ?en»'o'f°one°iiation within the jurisdiction of the other, or to commit their busi- Septhefl^busmsss ness and affairs, to the management of any person whom they may choose to appoint, as 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 mer- chandise 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 ex- ported from the t erritories of either contracting party, the regulations of commerce established in the respective countries being in every case duly observed. Article XII. The citizens of either of the high contracting parties shall have the full power and liberty to dispose of their personal and real estate and effects, of every kind and description, within the .uSlEn °o pS jurisdiction of the other, by sale, donation, testament, or otherwise, and their heirs or representatives, being citizens of the other party, shall succeed to the said personal and real estate 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 citizens of the country wherein said estate and effects may be, shall be subject to pay in like cases. Article XIII. If any vessel belonging to the citizens of either of the high contract- ing parties should be wrecked, suffer damage, or be left de- relict on or near the coasts, within the territories of the shipwrea.. other, all assistance and protection shall be given to such vessel and her crew, and the vessel, or any part thereof, and all furniture and ap- purtenauces belonging thereto, together with all the merchandise which shall be saved therefrom, or the produce thereof if sold, shall be faith- fully restored to the owners or their agents they paying only the ex- penses incurred in the preservation of the property, together with the rate of salvage which would have been payable, in 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 con- tribution whatever, provided the same be exported. Article XIV. When through stress of weather \^ant of water or provision, pur- suit of enemies or pirates, the vessels of one of the high contracting partifeSj whether of war, (public or private) or of trade, or employed in fishing, shall be forced to seek shelter in the ports, rivers, veB.ei. »eeki„, bays and dominions of the other, they shall be received and "'^'^''■ treated with humanity : sufficient time shall be allowed for the com- 880 TREATIES AND CONVENTIONS. pletion 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, and to place them in a condition to pursue their voyage without obstacle or hindrance. Aetiole XV. " All vessels, merchandise and effects belonging to the citizens of Property captured citbcr of thc high coutracting parties, which may be capt- bypirat«- yj.g^ ^j pjrates either on the high seas, or within the limits of its 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 own- ers 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 agents of the respective G-overnments. Article XVI. The high contracting parties promise and engage to give full and Protection of per- pcrfect protcction to tiic persons and property of the citi- soisaod property, ^eus of cach othcr, of all classes and occupations, who may be dwelling or transient in the territories subject to their respective Access to tribu- jurisdictiou : they shall have free and open access to the nais. 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 : and they shall be at liberty to employ, Employment of at- ih ^11 causcs, thc advocatos, attorneys, notaries or agents, eorneys. ^f whatcver dcscriptioD, whom they may think proper. m risonmeu ^^^ ^^^^ cltizeus shall uot bc liable to imprisonment with- out formal commitment under a warrant signed by a legal authority, except in cases ^a(;raM^i« delicti; and they shall in all cases be brought before a magistrate, or other legal authority for examination Exammation after wlthiu twcuty-four hours aftcr arrcst J and if not so exam- arreat. j^g^ ^jjg accuscd shall forthwith' be discharged from cus- Treatmentof per- tody. Said citizcus, whcu dctalued in prison, shall be sons in prison. trcatcd duriug their imprisonment with humanity, and no unnecessary severity shall be exercised toward them. Article XVII. It is likewise agreed that perfect and entire liberty of conscience Liberty of con- shall bc cnjoycd by the citizens of both the contracting par- science and religion, ^jgg jjj thc couutries subjcct to thc jurisdlctiou 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 citizens of one of the contracting parties who may die in the territories of the RibtofbnriaL otliBr, shall bc buried in the usual burying grounds, or in other decent and suitable places, and shall be protected from violation or disturbance. Article XVIII. The citizens of the United States of America and of the Eepublic of Peru may sail with their vesselts, with entire freedom and security, from PEEU, 1870. 881 apy port to the ports or places of those who now are, or hereafter shall be, the enemies of either of the contracting parties, whoever Tmdras from .n.- may be the owners of the merchandise laden in the said "r'»i«'"»- vessels. The same citizens shall also be allowed to sail with their ves- sels, and to carry and traffic with their merchandise from the ports and places of the enemies of both parties, or of one of them, without any hindrance, not only to neutral porta and places, but also from one port belonging to an enemy to another enemy's port, whether they be under the jurisdiction of one power or of several. And it is agreed that free ships shall give freedom to goods, and that everything shall F„e ships ni.k. be deemed free which shall be found on board the vessels '"'"'°^'- belonging 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. coi.tr.h.Ed » The same liberty shall be extended to persons who may be '"J'^otoctionof per- on board free. ships, so that said persons cannot be taken •»■«'"> ""'"i'' out of them, even if they be the 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 de- Application of .tip- daring that the flag shall cover the property shall be under- °'"'°°'- stood as applying to those nations only who recognize this principle : 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 XIX. When the neutral flag of one of the contracting parties shall protect the property of the enemiesof the other, in virtue of the preceding article, neutral property found on board enemies' vessels shall like- wise be considered as enemies' property, and shall be subject p^pert" i."ir«w'» to detention and confiscation, unless it shall havebeen put on '"°''"'^' board before the declaration of war, or 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 em- propmy ie"f™'on barked in enemies' vessels shall be free. ""'""^ ' "■""■ Article XX. The liberty of commerce and navigation stipulated for in the preced- ing articles shall extend to all kinds of merchandise, except the articles called contraband of war, under which name shall be com- irti„,„ „„„,„. prehended: hand of war. 1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fu- sees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, hal- berds, grenades, bombs, powder, matches, balls, torpedoes, and every- thing belonging to the use of these arms. 2. Bucklers, helmets, breast-plates, coats of mail, accoutrements and clothes made up in military form, and for military use. 3. Cavalry belts and horses, with their harnesses. 4. And generally all offensive and defensive arms made of iron, steel, brass, copper, or of any other material, prepared and formed to make war by land or at sea. 3769 TE 56 882 TEEATIES AND CONVENTIONS. Article XXI. 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 belonging to an enemy, excepting B»sieg=a and ohIy thosc placcs which are at that time besieged or block- bioekaded place., aded c aud to avoid all doubt in this particular, it is declared that those places onlysnallbe considered as besieged or blockaded which are actually invested or attacked by a force capable of preventing the entry of the neutral. -Akticlb XXII. The articles of contraband or those before enumerated and classified, Detention of arti- whlch may bc fouud in a vessel bound for an enemy's port, ck8 of contraband. gijaU 1)6 subj cct to detcntion and confiscation; but the rest of the cargo and the ship shall be left free, that, the owners ma'y dispose of them as they see proper. ISo vessel of either of the contracting par- ties shall be detained on the high seas on account of having Detention of vee* ijj.'tj?,..ijt. j.i j. aei-^carrying contra- OH board articlcs of coutrabaud, whenever the master, cap- tain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless, indeed, the quantity of such articles be so great, or of so large 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 judgment, according to law. Article XXIII. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is besieged, blockaded, or invested, it is agreed that every vessel so cir- Veanela to be turned . ', -i._i_j ^ ij. i away from block- cumstauocd 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 having been warned of such blockade or investment by a commanding ofiScer of a vessel form- ing part of the blockading forces, she again attempts to enter; but she shall be permitted to go to any other port or place the master or super- cargo may think proper. Nor shall any vessel of either party that may Vessel in a port havc cutered into such port or place before the same was before blockade. actually bcsiegcd, blockaded, or invested by the other, be restrained from leaving it with her cargo, nor if found therein before Vessel found in a Or aftcr tho rcductlon or surrender, shall such vessel or her port on surrender. QQ^j.gQ ])Q Hablc to scizurc, conflscatlou, or any demand on the score ef redemption or restitution : but the owners thereof shaJl re- main in the undisturbed possession of their property. And if any ves- sel having thus entered the port before the blockade took place, shall take on board a cargo after the blockade be established ^^to fe'ave'bSS Siud attcmpt to depart, she may be warned by the block- portwtb cargo. ^diug forccs to return to the blockaded port, and discharge the said cargo : and if, after receiving such warning, the vessel shall per- sist in going out with the cargo, she shall be liable to the same conse- quences as in the case of a vessel attempting to enter a blockaded poirt after having been warned off by the blockading forces. cxamioinK any pur- pose. PEEU, 1870. 883 Abtiole XXIV. To prevent disorder and ii'regularity in visiting and examining the vessels and cargoes of both the contracting parties on the ^_^.__ a„a,e,„h high seas, they have agreed, mutually, that whenever a or ^LZ^t°ou"h°ih vessel of war, public or private, shall meet with a neutral-of '°"' the other party, the former shall remain at the greatest distance com- patible with the possibility and safety of making the visit, under the circumstances of wind and sea, and the degree of suspicion attending the vessel to be visited, and shall send one of her small boats with no more men than may be necessary 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, in respect of which the commanders of said armed vessels shall be responsible with their persons and property : for which purpose the commanders of said private armed vessels shall, before receiving their conmissions, give security giTon bj suflBcient security to answer for all the injuries and damages •"""""•«'»°- they may comnjit. And it is expressly agreed that the neu- „&"'«'% "m trai party shall in no case be required to go on board of the y°,|'ei^„r' examining vessel for the purpose of exhibiting the ship's papers, nor for any other purpose whatever. Aeticlb XXV. * Both contracting parties likewise agree that when one of them shall be engaged in war the vessels of the other must be fur- sevietters; «heii nished with sea-letters, patents, or passportSj'in which shall " ■" "'"■■ be expressed the name, burden of the vessel, and the name and place of residence of the owner and master, or captain thereof, in order that it may appear that the vessel really and truly belongs to citizens of the said other party. It is also agreed that such vessel, being laden, besides the said sea-letters, patents, or passports shall be provided with manifests or certificates containing the particulars of the cargo, and the place where it was taken on board, so that ^''°''^"° "'^'"''°' it may be known whether any part of the same consists of contraband or prohibited articles : which certificate shall be made out in the ac- customed form by the authorities of the port whence the vessel sailed: without which requisites the vessel may be detained, to be adjudged by the competent tribunals, and may be declared teis" uw sViet good and legal prize, unless it shall be proved that the said defect or omission was owing to accident, or unless it shall be satisfied or supplied by testimony equivalent in the opinion of the said tribunals, for which purpose there shall be allowed a reasonable length of time to procure and present it. Article XXVI. The preceding stipulations relative to the visit and examination of vessels shall apply only to those which sail without convoy : for when said vessels shall be under convoy, the verbal declaration of y«.eiB .a.nns the commander of the convoy, on his word of honor, that "'"" <^'">"'y- the vessels under his protection belong to the nation whose flag they carry, and, when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient. 884 TREATIES AND CONVENTIONS. Article XXVII. It is further agreed that, in all prize cases, the courts specially estab- vrke courts and lishcd for such causcs in the country to which the prizes decre.». jjj^y ^,g conductcd shall alone take cognizance of them. And whenever such courts of either party shall pronounce judgment against any vessel, merchandise, or property claimed by the citizens of the other party, the sentence or decree shall set forth the reasons or motives on which the same shall have been founded j and an authen- ticated copy of the sentence or decree, and of all the proceedings con- nected with the case, shall, if demanded, be delivered to the commander or agent of the said vessel, merchandise, or property, without any excuse or dplay, upon payment of the established legal fees for the same. Article XXVIII. Whenever one of the contracting parties shall be engaged in war with another nation, no citizen of the other contracting party shaU ac- Lettersofmarau., ccpt a commlssiou, Or letter of marque for the purpose of whe» forbidden. assistiug Or coopcrating hostilely with the said enemy against the said party so at war, under pain of being treated as a pirate. Article XXIX. If, which is not to be expected, a rupture should at any time take place between the two contracting nations, and they should engage in war with each other, th^ have agreed now for then, that the mer- chants, traders, and other citizens of all occupations of either of the two parties residing in the cities, ports and dominions of Mutnat ri hta of ^^^ othcr,, shall havo the privilege of remaining and con- reSm/m'^caM of tiuuiug their trade and business therein, and shall be re- spected and maintained in the full and undisturbed enjoy- ment of their personal liberty and property so long as they conduct themselves peaceably and properly, and commit no offense against the laws. And in case their acts should render them justly suspected, and having thus forfeited this privilege, the respective Governments should 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 remove, forthwith, to such places in the interior as may be designated. Article XXX. In the event of a war, or of any interruption of friendly intercourse Exemption of prop, bctwcen thc high contracting parties, the money, private cS'Luofin S?n° debts, shares in the public funds, or in the public or private of war. 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. PERU, 1870. 885 Article XXXI. The high contracting parties, desiring to avoid all inequality in their public communications, and official intercourse, agree to . .^^ ^^ ^^^ .^ grant to their envoys, ministers, charges d'affaires and niuniti'ea°°of''°mii"- other diplomatic agents, the same favors, privileges, immu- nities and exemptions, that those of the most favored nation do or shall eiyoy, it being understood that the favors privileges immunities and exemptions granted by the one party to the envoys, ministers, charges d'affaires, 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 XXXII. To protect more effectually the commerce and navigation of their respective citizens, the United States of America and the Eepublic of Pern agree to admit and receive, mutually, consuls and > ,. Ti^i" . j/i- Consuls, and their vice-consuls in all their ports open to foreign commerce, priyiieBeaandimmu- who shall enjoy, within their respective consular districts, all the rights, privileges, and immunities of the consuls and vice-con- suls of the most favored nation : but to enjoy the rights, prerogatives and immunities which belong to them in virtue of their public char- acter, 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 receiving which they shall be actnowleged, in their official char- acters 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 and vice-consuls may not seem to be convenient, provided that the refusal to admit them shall likewise extend to those of all nations. Article XXXIII. 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 except those ™ns'S"j'miohbii! which they shall be lawfully 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 re- spects subject to the laws of the respective countries. The archives and papers of the consulates shall be inviolably respected, and no per- son, magistrate, or other public authority shall, under any pretext, in- terfere with or seize them. Article XXXIV. The consuls and vice-consuls shall have power to require the assist- ance of the public authorities of the country in which they reside, for the arrest, detention and custody of deserters from the ves- sels 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 886 TREATIES AND CONVENTIONS. 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 oflcer attached to the said vessel shall be sufficient to indentify the deserters : and when the demand of the consuls, or vice-consuls, shall, in either case, be so proved, the de- livery 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 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, 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 persons within their respective dominioos, to harbor or protect such deserters. Article XXXV. For the purpose of more effectually protecting their commerce and Consular conven- navigatiou, thc two coutracting parties do hereby agree to tiontoboformei form, as soou hereafter as maybe mutually convenient, a con- sular convention, which shall declare specially the powers, and immunities of the consuls and vice-consuls of the respective parties. Aeticlb XXXVI. Until the conclusion of a consular convention the high contracting T>Mh of citi^em partlcs agrcc that, in the absence of the legal heirs or repre- tor°iMi^'"o°f "thl sentatives, the consuls or vice-consuls of either party shall °"'"- be ex officio the executors or administrators of the citizens of their nation who may die within their consular jurisdictions, 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 some other judicial authority, to assist iu taking an inven- tory 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 prop- erty as may be of a perishable nature, and to dispose of the remainder according to the instructions of their respective Governments. And where the deceased has been engaged in commerce or other business, the consuls or vice-consuls shall hold the effects and property so remain- ing 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 and 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. PERU, 1870. 887 ARTICLE XXXVII. As a consequence of the principles of equality herein established, in virtue of which the citizens of each one of the high contracting parties enjoy in the territory of the other, the same rights as natives, and receive from the respective Governments the same protection in when claims shau their persons and property, it is declared that only in case SfpC'^tiotntoveS! that such protection should be denied, on account of the fact "°°- that the claims preferred have not been promptly attended to by the legal authorities, or that manifest injustice has been done by such authorities, and after all the legal means have been exhausted, then alone shall diplomatic intervention take place. Article XXXVIII. The United States of America and the Eepublic of Peru desiring to make as durable as possible 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, and further until the end of one year after either of the °'""">°'"'"""='- high contracting parties shall have given notice to the other of its in- tention 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 of ten years. And it is hereby agreed between the parties that, on the expira- tion of one year after such notice shall have been received by either of them from the other party, as above mentioned, this treaty shall alto- gether cease and terminate. 2d. If any citizen or citizens of either party shall infringe any of the articles of this treaty, such citizen or citizens shall be held i^,i„,ement or personally responsible therefor and the harmony and good "^w k?"'''™-! understanding between the two nations shall not be interrupted 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. 3d. Should, unfortunately, any of the provisions contained in the present treaty be violated or infringed in any other manner whatever, it is expressly stipulated and agreed that neither of the contracting par- ties shall order or authorize any act of reprisals, nor declare r^^^m, „„a ^^ nor make war against the other, on complaint of injuries or '«"«<"« »<■ war- 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. 4th. Nothing contained in this treaty shall however, be construed to operate contrary to former and existing public treaties with Treaties withother other nations or sovereigns. natiomnot asected. The present treaty of friendship, 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 Presi- dent of the Eepublic of Peru with the approbation of the Congress thereof, and the ratifications shall be exchanged """'""i™ at Washington or Lima within eighteen months from the date of the signature hereof, or sooner if possible. 888 TREATIES AND CONVENTIONS. In faitii 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, in duplicate English and Spanish this the sixth day of September in the year of our Lord one thousand eight hundred and seventy. [seal.] Alvin p. Hovey. [seal.] j0s:6 j. loayza. 1870.* CONVENTION FOE THE EXTRADITION OF CRIMINALS FUGITIVE FROM JUSTICE. Concluded /September 12, 1870 ; ratifications exchanged at Lima May 28, 1874 ; proclaimed July 27, 1874. The United States of America and the Eepublic of Peru, havingjudged it expedient, with a view to the better administration of justice and the prevention of crime within their respective territories and jurisdictions, that persons charged with the crimes hereinafter enumerated should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a treaty for this purpose, and have named as their respect- ive Plenipotentiaries, that is to say ; the President of the United States of America has appointed Alvin P. Hovey, Envoy Extraor- NegotiMors (Unary and Minister Plenipotentiary of the United States of America near the Government of the Eepublic of Peru ; and the Pres- ident of Peru has appointed His Excellency Doctor Jos6 Loayza, Min- ister of Foreign Affairs of Peru ; who, after having communicated to each other their respective full powers, found in good and true form, have agreed upon and concluded the following articles: Article I. It is agreed that the contracting parties shall, on requisitions made Extradition of in thclr usbuxe through the medium of their respective diplo- criminaiB. matic agcuts, deliver up to justice persons who, being ac- cused or convicted of the crimes enumerated in Article II of the present treaty, 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 Proof of ths 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 the provisions of this treaty, with any of the following crimes, whether as principals, accessories, or accomplices, to wit : 1. Murder, comprehending the crimes of parricide, assassi- Crimea. ,. .'. t • r* •• • n nation, poisoning, and infanticide. 2. Eape, abdaction by force. . * See Notes : " Abrogated, suspended, or obsolete treaties." PERU, 1870. 889 3. Bigamy. 4. Arson. 6. Kidnapping, defining the same to be the taking or carrying away of a person by force or deception. 6. Eobbery, highway robbery, larceny. 7. Burglary, defined to be the action of breaking and entering by night-time into the house of another person with the intent to commit a felony. 8. Counterfeiting or altering money, the introduction or fraudulent commerce of and in false coin and money; counterfeiting the certifi- cates or obligations of the Government, of bank-notes, and of any other documents of public credit, the uttering and use of the same ; forging or altering judicial judgments or decrees of the Government or courts, of the seals, dies, postage-stamps, and revenue-stamps of the Govern- ment, and the use of the same ; forging public and authentic deeds and documents, both commercial and of banks, and the use of the same. 9. Embezzlement of public moneys committed within the jurisdiction of either party by public ofiQcers or bailees, and embezzlement by any persons hired or salaried. 10. Fraudulent bankruptcy. 11. Fraudulent barratry. 12. Mutiny on board of a vessel, when the persons who compose the crew have taken forcible possession of the same or have transferred the ship to pirates. 13. Severe injuries intentionally caused on railroads, to telegraph 'lines, or to persons by means of explosion of mines or steam-boilers. 14'. Piracy. Akticle III. The provisions of the present treaty shall not be applied in any man- ner to any crime or oftense of a purely political character, persons cannot b» nor shall the provisions of the present treaty be applied in Z]"^^V^°iM any manner to the crimes enumerated in the second article "'"°'"- committed anterior to the date of the exchange of the ratification hereof. Neither of the contracting parties shall be bound Neither nation to to deliver up its own citizens under the stipulations of this ''s^ver it. citizens. treaty. Aetiolb IV. The extradition will be granted in virtue of the demand made by the one Government on the other, witli the remission of a con- ^ „i,iti„„, f„^ demnatory sentence, an order of arrest, or of any other extmSn "moil'el process equivalent to such order, in which will be specified "'"'"^ °"' the character and gravity of the imputed acts, and the dispositions of the penal laws relative to the case. The documents accompanying the demand for extradition shall be originals or certified copies, legally au- thorized by the tribunals or by a competent person. If possible, there shall be remitted at the same time a descriptive list of the individual required, or any other proof towards his identity. Article V. If the pM'son accused or condemned is not a citizen of either of the contracting powers, the Government granting the extradi- w,,cn person de. tion will inform the Government of the country to which yifoiStlti to'i^- the accused or condemned may belong of the demand made, "' ■ and if the last-named Government reclaims the individn,al on its own 890 TREATIES AND CONVENTIONS. account for trial in its own tribunals, the Government to which was made the demand of extradition may, at will, deliver the criminal to the State in whose territories the crime was committed, or to that to which the criminal belongs. If the accused or sentenced person whose extradition may be demanded, in virtue of the present convention, from ■ one of the contracting parties, should at the same time be the subject of claims from one or other Governments simultaneously for When the accused . .-< •,i-i*jt* j_*j jB aemsDded by dif- crimcs Or misdemeanors committed m their respective ter- erent .oyemmeats. j,j^Qj,jgg^ ]jg qj. gjjg gjjaU bc delivcred up to that Government in whose territories the offense .committed was of the gravest character; and when the offenses are of like nature and gravity, the delivery will be made to the Government making the first demand ; and if the dates of the demands be the same, that of the nation of which the criminal may belong will be preferred. Aeticle VI. If the person claimed is accused or sentenced in the country where he may have taken refuge, for a crime or misdemeanor committed in that When ertradition couutry, hls dclivcry may be delayed until the definitive sen- may be delayed. teucB relcasiug him be pronounced, or until such time as he may have complied with the punishment inflicted on him in the country where he took refuge. Article VII. In cases not admitting of delay, and especially in those where there ca.e.for.i.mmary Js daugcr of cscapc, cach of the two Governments, author- proceeding.. j^cd by the order for apprehension, may, by the most expe- ditious means, ask and obtain the arrest of the person accused or sentenced, on condition of presenting the said order for apprehension as soon as may be possible, not exceeding four months. Article VIII. All expenses whatever of detention and delivery effected in virtue of the preceding provisions shall be borne and defrayed Expe..e». i^y ^j^^ Government in whose name the requisition shall have been made. Article IX. This treaty shall commence from the date of the exchange of the ratifications, and shall continue in force until it shall be Daratioaoftreaty. gjgj.Q^^Q^ ^jy tjjg coutractiug partlcs Or ouc of them ; but it shall not be abrogated, except by mutual consent, unless the party desiring to abrogate it shall give twelve months' previous notice. Article X. The present treaty shall be ratified in conformity with the constitu- tions of the two countries, and the ratifications shall, be exchanged at the cities of Washington or Lima, within eighteen months from the date hereof, or sooner if possible. In witness whereof we, the Plenipotentiaries of tTie United States of America and the Eepublic of Peru, have signed and sealed these presents. . Done in the city of Lima, in duplicate, English and Spanreh, this the twelfth day of September, in the year of our Lord one thousand eight hundred and seventy. RatiRcations. SEAL. SEAL. Alvin p. Hovey. J0S6 J. LOATZA. PORTUGAL 1840. TEEATY OF COMMERCE AND NAVIGATION. Concluded August 26, 1840; ratifications exchanged at Washington, April 23, 1841; proclaimed April 24, 1841. In the 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, in consequence, agreed to enter into negotiations for the conclusion of a treaty of commerce aud 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 d'Affaires at the Court of Her Most Faithful ^^ ^^.^^^^^ Majesty; and Her Most Faithful Majesty, the most illustri- «»«'»""»■ ous and most excellent John Baptist de Almeida Garrett, First Histo- riographer to her said Majesty, of her Council, Member of the Cortes, Knight of the ancient and most noble Order of the Tower an[d] Sword, Knight Commander of the Order of Christ, OfiScer of the Order of Leo- pold in Belgium, Judge of the Superior Court of Commerce, Envoy Extraordinary and and Minister Plenipotentiary to Her Catholic Maj- esty. Who, after having exchanged their respective full powers, found to be in due and proper form, have agreed upon and concluded the fol- lowing articles : f 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, of co'mme?»e' "il have liberty to entet the ports, places, and rivers of the ter^ °'""'""°''' ritories of each party, wherever foreign commerce is or snail 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 conceming commerce. 891 892 TREATIES AND CONVENTIONS. Akticlb II. ■ Vessels of the United States of America arriving, either laden or in Vessels of either ballast, in thc ports of the Kingdom and possessions of fooSnf Zm Portugal; and, reciprocally, Portuguese vessels arriving, vessels. either laden or in ballast, in the ports of the United States of 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, ^ith respect to the duties of tonnage, light-house duties, pilotage, port charges, as well as to the fees and perquisites of public ofiBcers, 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. Aetiolb III. No higher or other duties shall be imposed on the importation into No diserimmRting the Klugdom aud possessions of Portugal of any article SBb"ty°'oT"lm- the growth, produce, or manufacture of the United States ports. Qf 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- tion of any article the growth, produce, or manufacture of the United States of America, or of the Kingdom and possessions of Portugal, to or from the ports of the said Kingdom and possessions 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 nis.riminatin ^^ ^^^ two couutrics, OH thc exportation of any articles to datiesto"6"impos"d tho Uultcd Statcs of America, or to the Kingdom of Portu- 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 No .luopioiinatioo P^vilcges allowod, on the importation into the Kingdom indStie'loTi'mpo'S and Possessions of Portugal, of any. article the growth, Siit°r o°"v'e°8e°s"S!- produce, or manufacture of the United States of America, portits same. 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 importation 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. POETUGAL, 1840. 893 Akticle V. It is agreed by the high contracting parties that, whenever there may be lawfully imported into all or any of the ports of the King- „<„i f^o^a „,. dom and Possessions of Portugal, in vessels of any foreign ''""• country, articles of the growth, produce, or manufacture of a country other than that to which the importing vessels shall belong, the same privilege shall immediately become common to vessels of the TJnited 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 exteht, in the ports of the United States of America. Akticle VI. All kinds of merchandise and articles of commerce, which may be lawfully exported or re-exported from the ports of either of ko di.crimin«tion the high contracting parties to any foreign country, in na- LnKuMteron'ej'- tional vessels, may also be exported or re-exported therefrom 5°S„°,uyTf""Te°- in vessels of the other party, respectively, without paying s='b export™ .ame. 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 bounties and drawbacks shall be allowed, whether such exportation or re-exportation be made in vessels of the one party or the other. Aeticlb VII. It is expressly understood that nothing contained in this treaty shall he applicable to the coastwise navigation of either of the oo.»tin8 trade ei- two countries, which each of the high contracting parties ^"""^ reserves exclusively to itself. Aetice VIII. It is mutually understood that the foregoing stipulations do not apply to ports and territories, in the Kingdom and possessions of Portugal, where foreign commerce and navigation are not tionT not°lppSfo 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- p„ts, when open- merce or navigation of any foreign nation, they shall, from ff„J° t°Vropen°tV that moment, be also opened to the commerce and navigation "■= """'^ ^"""■ of the United States of America, with the same privileges, rights, and favors as may be allowed to the most favored nation, gratuitously, if the "concession was gratuitously made, or on allowing the same compen- sation 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, p„,5„,io„ ,„ ,„. bays, ports, or territories of the other, with their vessels, '"^""""f^ite'- whether merchant or of war, through stress of weather, pursuit of pirates 894 TREATIES AND CONVENTIONS. or enemies, they shall be received and treated with humanity, giving to them all favor, facility, and protection for repairing their ships, pro- curing provisions, and placing themselves in a situation to continue their voyage, without obstacle and hindrance of any kind. Article X. The two contracting parties shall have the liberty of having, each in conBuu *^® ports of the other. Consuls, Yice-Consuls, Agents, and 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- coMuis e„eaeinir mitted to the same laws and usages to which the private iD coD>ner<;e. indlvlduals of thcir 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. Consuls violating such CoDsul, Vice-Coosul, AgBut, OT Commissary may either the laws. be punished 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- consuiar archives bly J aud uudor HO pretcxt whatever shall any magitrates inviolable. geizc Or in any way interfere with them. The Consuls, Vice-Consuls, and Commercial Agents shall have the right, as such, to sit as iudges and arbitrators in such dif- Disputes between e* •iji-i ,• t nn Americans to be de- fcronces as may arise between the captains and crews of the ci'efi"ai- 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 Mafesty promises to pay, or cause to be paid, for all the claims presented pre- vious to the 6th day of July, 1850, in behalf of American paid Wae'^tiier 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 five years, to the properly-authorized agent of the United •'«™™'''""' ■"»"=• States. The first instalment of nine thousand one hundred and seventy- 898 TREATIES AND CONVENTIONS. two dollars seventy cfents, 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. Aeticle VI. It is hereby agreed that each and all of the said instalments are to intereBt. 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. /., i, i i i o -n "ii after the date hereof, or sooner if possible. In testimony whereof the respective Plenipotentiaries have signed the same, and aflQxed 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 SEAL. SEAL. Dan'l Webster. J. 0. DE FlGANliiRE E MORAO, PRUSSIA. 1785. TEEATY* OP AMITY AND COMMERCE. Concluded September 10,1785; ratified by the Continental Congress May 17, 1786; ratifications exchanged at the Hague October, 1786. His Majesty the King of Prussia and the United States of America, desiring to fix, in a permanent and equitable manner, the rules to be observed in the intercourse and commerce they desire to establish be- tween their respective countries. His Majesty and the United States have judged that the said end cannot be better obtained than by tak- ing the most perfect equality and reciprocity for the basis of their agree- ment. 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 seisoi\ktoT, powers to John Adams, Esquire, late one of their Ministers Plenipotentiary for negotiating a peace, heretofore a Delegate in Con- gress from the State of Massachusetts, and Chief Justice of the same, and now Minister Plenipotentiary of the United States with His Britan- nic Majesty ; Doctor Benjamin Franklin, late Minister Plenipotentiary at the Court of Versailles, 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 Declarations of heirs, successors, and subjects, on the one part, and the »™"^- United States of America and their citizens on the other, without ex- ception of persons or- places. *This treaty expired by its own limitation October, 1796, buttho XII article is re- vived by the XII article of the treaty of May 1, 1828. 900 TREATIES AND CONVENTIONS. Akticle II. The subjects of His Majesty the King of Prussia may frequent all the privii. a. of Pro. ^''^^sts and countries of the Ilnited States of America, and ■ia "."bjIctotraS lesido aud trade there in all sorts of produce, manufactures, totbeDnitedswte.. ^^^ merchandizc J and shall pay within the said United States no other or greater duties, charges, or fees whatsoever, than the most favoured nations are or shall bcvobliged to pay : and they shall enjoy all the rights, privileges, and exemptions in navigation and com- merce 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 citizens of the ITnited States, and the citi- zens and subjects of the most favoured nations. Aeticle ni. In lite manner the citizens of the United States of America may Reciprocal priri- frcqueut all the coasts and countries of His Majesty the iSeSs'^'SiDf'S? King of Prussia, and reside and trade there in all sorts of Prussia. produce, manufactures, and merchandize ; and shall pay in the dominions of his said Majesty no other or greater duties, charges, or fees whatsoever 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 thfe laws and usages there established, and to which are submitted the subjects of His Majesty the King of Prussia, and the subjects and citizens of the most favoured nations. Akticle IV. More especially each party shall have a right to carry their own pro- Repihtionotcom. ducc, mauufacturcs, and merchandize in their own or any merciai intercourse, other vcsscls to auy 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, mani|factures, and merchandize of the other, which all the said citizens of 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 restali- 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 Loading aad no- of cithcr party, shall not within the ports of jurisdiction of loading vessels. .j^jjg jj^j^gj. ^^ forccd to uuload any sort o^,mei?chandize-into any other vessels, nor to receive them into their own, nor to wait for their being loaded longer than they please. PRUSSIA, 1785. 901 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, g o o d . to b. ex it is agreed that all examinations of goods required by the IJ'^^ninMliK^ut laws shall be made before they are laden on board the ves- i=>'«i» =»«««''&'»'«' sel, 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 ; bat 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] aU vessels and other effects belong- ^.^^^^^^^^^ „ ing to the citizens or subjects of the other, which shall be enySntheS™- within the 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 ^ ^^^^^^ ^^ ^^ port, or being entered into port, and not willing to unload Bei^ToS'on'tbe their cargoes or. break bulk, shall have liberty to depart S^wiihlu^'wK 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 entered into pcq|| and appropriated to the maintenance of the port itself, or of othe^ 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 on the coasts, or within the dominion of the other, their respective subjects or citizens shall receive, ^^'v^'tn. as well for themselves as for their vessels and effects, the same assist- ance which would be due to the inhabitants of the country where the damage happens, and shall pay the saiue charges and dues only as the said inhabitants would be subject to pay in a like case ; and if the opera- tions 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 Mb sea shall be entirely abolished, with respect to the sub-, ject^or citizehs of the two contracting parties. 902 TREATIES AND CONVENTIONS. Article X. The citizens or subjects of each party shall have power to dispose of peraonai esta e> ^^^^^ pcrsoDal goods wlthiii thc jurisdictloii of the other, by may^be'dispo'ed of testamcDt, doiiatioii, or otherwise ; and their representa- by will or otherwise, ^j^gg^ bcing subjccts Or cltizcns of the other party, shaR succeed to their said personal goods, whether by testament or ab in- testato, 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 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 Inherited real ea- dcath of auy pcrsou hoMiug real estate within the territories tate,howdiBiiosedof. ^f ^^q Qjjg party, such real estate would by the laws of the land descend on a citizen 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 the citizens or subjects of either party within the jurisdic- scien'eaSworsS tlou of tho other, without being liable to molestation in that Righto buriaL rcspcct for any cause other- than an insult on the Mbgion 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 protected from violation or disturbance. Article XII. If one of the contracting parties should be engaged in war with any Liberty for either othcr Powcr, thc frcc intercourse and tjommerce of the sub- SS^at^war^^uh jccts Or citizcus of the party remaining neuter with the bel- the other. ligercut Powers shall not be interrupted. On the contrary, in that case, as in full peace, the vessels of the neutral party mayfiavi- Free ships maiie g^tc frccly to Bud from the ports and on the coasts of the free 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 bourd a free vessel, although they should be enemies to the other party, unless they be soldiers in actual serviue of such enemy. PKUSSIA, 1785. 903 AETICLE XIII. And in the same case of one of the contracting parties being engaged in var with any other Power, to prevent all the difBculties Contraband eood. and misunderstandings that usually arise respecting the iMe7SM-^l"ll merchandize heretofore called contraband, such as arms, ES b °t mayTe 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 articles, and to detain them for such length of time as the captors may tbink 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. Akticle 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 vessels to be fur- readily and certainty known, it is agreed that they shall be S^f, pwus In 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 ho^ vessels without convoy, shall be met by any vessel of war, public b?'ship1,''of or private, of the other party, such vessel of war shall not "rivateers. 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 petrsons and property for damages and interest, sufficient se- carity for which shall be given by all commanders of private armed vessels before they are commissioned. are to when met war or 904 TREATIES AND CONVENTIONS. Aeticle XVI. It is agreed that the subjects or citizens of each of the contracting Teaeeis not to be partlcs, tbcir vcsscls and effects, shall not be liable to. any det^Bi , embargo or detention on the part of the other, for any mili- tary expedition, or other public or 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, vithin 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. Aeticle XYII. If any vessel or effects of the neutral Power be taken by an enemy wii™ recaptured, of thc othcr, or by a pirate, and retaken by that other, they Jtt,SV'r''il,Mfui shall be brought into some port of one of the parties, and o^ner. 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. Aeticle XVIII. If the citizens or subjects of either party, in danger from tempests, ve».ei» taki pi^^/tes, euemles, or other accident, shall take refuge with ShSfL '° "°r' *^®^^ vessels or effects, within the harbours or jurisdiction e protect* . ^^ ^j^^ othcr, thcy 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 veaaeiB of war frccly wheresocver thcy plcase the vessels and effects taken wThe'iS^u'^Jnach from their enemies, without being obliged to pay any duties, °"'°''- charges, or fees to 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. > Aeticle XX. No citizen or subject of either of the contracting parties shall take Subject, of o„e f^om auj PoweT with which the other may be at war any SommtaaiinroVict commissiou or letter of marque for arming any vessel to act the' eLmyTf'Th" ^s a pfivateor against the other, on pain of being punished °"'*'- as a 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. PRUSSIA, 1785. 905 Article XXI. If the two contracting parties should be engaged in war against a common enemy, the following points shall be observed between 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 B„,es applicable twenty-four hours, she shall berestored to the first owner '„°*X.f.Tf°o™? for one-third of the value of the vessel and cargo ; but if "^ ™'""'- she shall have been more than twenty-four hours in 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, restitution shall be made to the owner fbr 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 wherfe 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 en- titled. 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, un- til their legality shall have been decided, according to the laws and regulations of the States to which the captor belongs, but by the judi- catures 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 respective 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 The ships of war take under their protection the vessels of the other going prote"uhev«.e'S the same course, and shall defend such vessels as long as are°„eurarorha'v°e* they hold the same course against all force and -violence, in <:°">«on enemy. 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 i„ca»eofwarnine to remain nine months to collect their debts and settle their S^ehanSw" Se afifairs, and may depart freely, carrying off all their effects ^^i^T^i"- 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 wastedj.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. And all merchant and trading 906 tEEATIES AND CONVENTIONS. vessels employed in exchanging the products of different 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 of the contracting besraSTo p?ryat8 Powcrs shall grant or issue any commision to auy private armed vessels, empowering them to take or destroy such trading vessels or interrupt such commerce. Aeticle XXIV. And to prevent the destruction of prisoners of war, by sending them into "distant and inclement countries, or by crowding them riBonetso war. ^^^^ closc aud uoxioMS placcs, 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 common men be disposed in cantonments open and extensive enough for air and exercise, and lodged in barracks as roomly and good as are pro- vided 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 adjustement 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-consuls, Agents, and Commissaries of their own appointment, whose func- tions shall be regulated by particular agreement whenever either party PRUSSIA, 1799. 907 shall cliuse to make sucli 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 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 be- , , . ~ ,1 .-, , J* t 1 '.•ft Most favored nation. come common to the other party, freely, where it is freely granted to such other nation, or on yeilding the compensation, where such nation does the same. 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 . #1 ii T_ /. , . o .1 ■ 1 'J? ii Durationoftreaty. ten years from the exchange oi ratifications ; and if the ex- 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 ratified on both sides, and the ratifications ex- R*"a=at.o™. changed 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. [seal.] ■ B. Franklin. Passy, July 9, 1785. [seal.] Th: Jefferson. Paris, July 28, 1785. [SEAL.] John Adams. London, August 5, 1785. [SEAL.] P. G. DE THULEMEIBR. A la Eaye le 10 Septemirej 1785. 1799. TREATY* OF AMITY AND COMMERCE. Concluded, July 11, 1799 ; ratifications exchanged at Berlin June 22, 1800 ; proclaimed November 4, 1800. 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 an^ commerce concldded between the two Powers at the * This treaty exipired>by its own limitation June 22, ISIO, but articles XIII to XXIV, inclusive, -vrititi the exception of tUe last paragraph in the XIX article relating to treaties with Great Britain, are revived by the XII article of the treaty of May 1, 1828. 908 TREATIES AND CONVENTIONS. Hague the 10th of September, 1785, for the term of ten years. His Neotiator. Prasslan Majesty has nominated and constituted as his egotiator.. pieuipoteutiaries the Count Charles William de Einken- stein, his Minister of State, of War, and of the Cabinet, Knight of the Orders of the Black Eagle and of the Eed Eagle, and Commander of that of St. John of Jerusalem, the Baron Philip Charles d'AlvensIeben, his Minister of State, of War, and of the Cabinet, Knight of the Orders of the Black Eagle and of the Eed 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 Eed Eagle ; and the President of the United States has furnished with their full powers John Quincy Adams, a citi- zen of the United States, and their Minister Plenipotentiary at the Court of His Prussian Majesty ; which Plenipotentiaries, after having exchanged their fuU powers, found in good and due form, have conclu- ded, settled, and signed the following articles : Aktiolb I. There shall be in future, as there has been hitherto, a firm, inviolable, Docur.tiooof and universal peace and a sincere friendship between His amity. Majcsty 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 subj«3cts of His Majesty the King of Prussia may frequent all the privife eaofprns- •'^^sts aud couutries of the United States of America, and Bian'in'wKtBVdTnB Tcsidc aud trade there in all sorts of produce, manufactures, to the Uoited states. -. if 11 11 ji ji j and merchandize, and shall pay there no other or greater duties, charges, or fees whatsoever than the most favoured nations 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 efsjtablished laws and usages to which are submitted the citizens of the United States and the most favoured nations. Aeticlb III. In like manner, the citizens of the United States of America may leciprocai prin- frcqucut all the coasts and countries of His Majesty the s?aU. ci?izeMS King of Prussia, and reside and trade there in all sorts of ing to Prussia. produco, mauufactures, and merchandize, and shall pay, in the dominions of his said Majesty, no other or greater duties, charges, or fees whatsoever 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 established laws and usages to which are submitted the subjects of His Majesty the King of Prussiaand the subjects and the 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, PRUSSIA, 1799. 909 to any parts of thg dominions of the other, where it shall be lawful for all the subjects and citizens of that other freely to purchase Reflation of com- 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 retal- iating 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 or 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 ^^^i^g „j „„. of the other, be forced to unload any sort of merchandize '>'i™'«»==i»- 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- tionof the other, may not be uselessly harassed, or detained. Good, to bo ex- it is agreed, that all examinations of goods, required by the e?SnofX',°5n- laws, shall be made before they are laden on board the I'Mi" «»»»»' &'«">'• vessel, and that there shall be no examination after ; nor shall the ves- sel 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 per- son 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 p_,„^^„„„^f „^ citizens or subjects of the other, which shall be within the ert/S'nthejS extent of their jurisdiction by sea or by land ; and shall *''=""'°°'"'='""'"y 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 coasf belonging to the other, but not willing to enter into vessoLoomingl port, or who entfefing into port are not willing to unload f^nwlZT^i^t their cargoes or break bulk, shall have liberty to depart '■ww'reakbuik. and to pursue their voyage without molestation, and without being 910 TREATIES AND CONVENTIONS. obliged to render account of their cargo, or to pay any duties, charges, or fees whatsoever, exceptthose established forvessele 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. Aeticle IX. When any vessel of either party shall be wrecked, foundered, or otherwise damaged, on the coasts or within the dominions Shipwrecks. ^^ ^.j^^ othcr, thclr 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 operations of repair shall require that the whole or auy 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. Aeticle X. The citizens or subjects of each party shall have power to dispose of their personal goods within the jurisdiction of the other, by mr/'briiBpS'^f testament, donation, or otherwise, and their representatives, bywiiiorotherw.»e. |jgjjjg subjccts Or citizcus of the other party, shall succeed to their said personal goods, whether by testament or ab intestate, and may ta.ke possession thereof, either by themselves or by others acting for them, and dispose of the same at thleir 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 represent- ative, such care shall be taken of the said goods as would be taken of the goods of a native in like case, untill the lawfuU owner may take meas- ures for receiving them. And if question should arise among several claimants to which of them the said goods belong, the same shall be de- cided finally by the laws and judges of the land wherein the said goods Inherited red e»- ^^6. Aud whcro, On thc dcath of any person, holding real tate,how disposed of. estate, within the territories of the one party, such real es- tate would, by the laws of the land, descendon a citizen or subject 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 pro- ceeds, without molestation, and exempt from all rights of detraction 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 already published or hereafter to be published by His Majesty the King of Prus- sia, to prevent the emigration of his subjects. Article XI. The most perfect freedom of conscience and of worship is granted to Preedom of co- thocitizeus Or subjects of either party within the jurisdiction . ience and worship. Qf ^Jjq othcr, aud no persou shall be molested in that respect for any cause other than an insult on the religion of others. Moreover, PRUSSIA, 1799. 911 when the subjects or citizens of the one party shall die within the juris- diction of the other, their bodies shall be buried in the usual burying- grounds, or other decent and suitable places, and shall be protected from violation or disturbance. Aetiole XII. Experience having proved, that the principle adopted in the twelfth article of the treaty of 1785, according to which free ships p„e .tips mako make free goods, has not been sufficiently respected during f"'""'^'- the two last wars, and especially in that which still continues, 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 consoli- date the liberty and the safety of the neutral navigation and commerce in future wars. And if in the interval either of the contracting parties should be engaged in a war to which the other should remain neutral, theshipsof war and privateers of the belligerent Power shall conduct themselves towards the merchant vessels of the neutral Power as fa- vourably as the course of the war then existing may permit, observing the principles and rules of the law of nations generally acknowledged. Aetiole XIII. And in the same case of one of the contracting parties being engaged in war with anv other Power, to prevent all the difficulties 1 . ^ \ f ji 1 Ti • ^' Contrabond goods and misunderstandings that usually arise respecting mer- intended for an .... « J11 1 .J.- T enemy not to be con- chandise. of contraband, such as arms, ammunition, and fiacated but may be military stores of every kind, no such articles canied 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 confiscation 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, pay- ing, 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 ascer- tained 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, cui- contmband rasses, pikes, swords, belts, cartouch boxes, saddles and bridles, beyond the quantity necessary for the use of the ship, or be- yond that which every man serving on board the vessel, or passenger, ought to have; and in general whatever is comprised under the de- nomination of arms and military stores, of what description soever, shall be deemed objects of contraband. 912 TEEATIES AND CONVENTIONS. Aktiole XIV, To ensure to the vessels of the two contracting parties the advantage veB»i>t. b. fa^ of being readily and certainly known in time of war, it is «f M ri^mrSn agreed that they shall be provided with the sea-letters and umeofwar. docuDients hcreaftcr 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 tb the neutral party, the simple declaration of the oflcer 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 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 exhibitioo 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 saile& 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. Article XV. And to prevent entirely all disorder and violence in such cases, it is Bo-T.»ei.M^.to stipulated that, when the vessels of the neutral party, sail- by "ww''of''w«"'S ing without convoy, shall be met by any vessels of war, pub- privateers. jjg qj. private, of tho other 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 lier 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, suflScient 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 Embsr o«^ contracting parties shall be obliged to lay a general embargo, Em »rio«^ 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 tfaving 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 PRUSSIA, 1799. 913 proprietors of the vessels which shall have been detained, whether for some military expedition, or for what other use soever, shall obtain from the Government that shall have employed them an equitable indemnity, as well for the freight as for the loss occasioned by the s»izure., deten- delay. And furthermore, in all cases of seizure, detention, "e'liir/.T'fnS or arrest, for debts contracted or offences committed by any ™"™»"«'">°iy- 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. 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, they shall be restored to the first proprietor, upon the condi- vere'i°''8S'"bTre'! tions hereafter stipulated in the twenty- first article for cases "°"""° "'°"- of recapture. Abticle XVIII. If the citizens or subjects of either party, in danger from tempests, pirates, enemies, or other accidents, shall take refuge, with their vessels or effects, within the harbours or jurisdiction of iiJ1"poVm''.™ fb^ the other, 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, health, and accom[m]odation, and for the repair of their vessels. Aeticlb XIX. The vessels of war, public and private, of both -parties, shall carry freely, wheresoever they please, the vessels and effects taken Te.esi« of war from their enemies, without being obliged to pay any duties, rthe"r?rK"a'ch charges, or fees to oflScers 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 oflQcer 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 [Jnited 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 irom any Power with which the other may be at war any s„yee„ „, „„e commission or letter of marque, for arming any vessel to ?Sm'!B°"„ri/£° act as a privateer against the other, on pain of being pun- ,'h"°Lw'"^^^°lS ished as a pirate ; nor shall either party hire, lend, or give """'■ any part of its naval or military force to the enemy of tiie other, to aid them offensively or defensively against the other. 3769 TK 58 914 TREATIES AND CONVENTIONS. ; Article XXI. If the two contracting parties should be engaged in a war against a com- Ruies apBiicabie ^on enemy, the following points shall be observed between to the prosecution of ■f-lipTn. ' war againat a com- U*^*^^^ • . moaeaemj. ^ jf g, vesscl of OHe of tho partics, taken by the enemy, 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. Article XXII. When the eoutracting parties shall have a common enemy, or shall ThcahipBofwarof both bc ncutral, the vessels of war of each shall upon all tot''5.TveMei8''"f occasions take under their protection the vessels of the other arlSrM''™h°^ goi^g thc samo course, and shall defend such vessels as long acommoa enemy, ^s thcy hoW thc samc coursc, against all force and violence, in the same manner as they ought to protect and defend vessels belong- ing to the party of which they are. Article XXIII. If war should arise between the two contracting parties, the merchants la case of war ot citbcr couutry then residing in the other shall be allowed aiiow"d°°m'erc'hanM to rcmalu uiuc moutfas to collect their debts and settle their tosettieti.eiraff.irB. aftkirs, aud 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 po#er 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 Prisoners „i war. .^^^ closc aud uoxious placcs, the two contracting parties soleinnly pledge themselves to the world and to each ptjipr that they PRUSSIA, 1799. 915 will not adopt any sach 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 theirdominions 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 common men be dis- posed 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 shall allow to a common soldier in their own service ; the value whereof shall be paid by the other party on a mutual adjust- ment 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 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 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 distrib- ute whatever comforts may be sent to them by their friends, and ^hall 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 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 con- sidered 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 arid nations. Abticle XXV. The two contracting parties have granted to each otheir the liberty of having each ki 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 favoured nations; but if any such Consuls shall exercise commerce, they shall be submitted to the same laws and usages to which the private individ- uals 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 be- M„t ,^,„^^ „^ come 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. 916 TREATIES AND CONVENTIONS. Aeticle 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 treaty. ^^ years from the exchange of the ratifications ; and if the expiration of that term should happen during the course of awar 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 shaU restore peace. This treaty shall be ratified on both sides, and the ratifications ex- changed 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 afllxed their seals. Done at Berlin- the eleventh of July, in the year one thousand seven hundred and ninety-nine. fSEAl.' iSEAL." SEAL. SEAL. John Qtjxnct Adams.. Charles William Comte de Finkenstein. Philippe Charles d'Altensleben. Chretien Henri Curce Comte de Haugwiz. 1828. TREATY OP COMMERCE AND NAVIGATION. Concluded May 1, 1828 ; ratifications exchanged at WasMngt07i 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 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 Henry Clay, their Secretary of State ; and His Negotiators. Majcsty thc King of Prussia has conferred like powers on the Sieur Ludwig Niederstetter, Charg6 d' Affaires of His said Majesty, ne^r the United States ; and the said Plenipotentiaries, having ex- changed their said full powers, found in good and due form, have con- cluded and signed the following articles : Article I. There shall be between the territories of the high contracting parties Keciprecai liberty » rcciprocal Hbcrty of commerce and navigation. The in- of commerce. habltauts of thclr 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 PRUSSIA, 1828. 917 to attend to their affairs ; and they shall enjoy, to that effect, the same security and protection as naftves 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 ^o diBmmination United States arriving either laden or in ballast in the m duties o-veaBeis. ports of the Kingdom of Prussia, shall be treated, on their entrance, during their stay, and at their departure, upon the same footing as na- tional vessels coming from the same place, with respect to the duties of tonnage, light-houses, 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 estab- lishment whatsoever. Article III. All kind of merchandise and articles of commerce, either the produce of the soil or the industry of the United States of America, or of any other country, which may be lawfully imported in duties on importa . . .1 . J. _!_! TT-' J J* -rt • • T^ ■ on account of nation- mto the ports of the Kingdom of Prussia, in Prussian ves- aiiw of vcads im sels, may also be so imported 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 what- soever, than if the same merchandise or produce had been imported in Prussian vessels. And, reciprocally, all kind of merchandise and arti- cles of commerce, 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 authori- ties, 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 prevent the possibility of any misunderstanding, it is hereby, de- clared that the stipulations contained in the two preceding ^^ ^^^^ ^^ .^ articles are to their full extent applicable to Prussian ves- ion. furtre"™ez- 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 manufact- no aiBcrimmation ure of Prussia, and no higher or other duties shall be i,°rSna'i°ty'o7°m' imposed on the importation into the Kingdom of Prussia of ■'°"'- any article the produce or manufacture of the United States, than are 918 TREATIES AND CONVENTIONS. or shall be payable on the like article being the produce or manufact- ure of any other foreign country. If or shfeU 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, in duties on exports Or of auy othcr country, which may be lawfully exported a°ity°rf°ve8Be°il"M- from the ports of the said United States in national vessels, portmgsame. ^^^ ^j^^ ^^ cxportcd thcrefrom in Prussian vessels with- 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 the same merchandise 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, so t^at 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 may be lawfully exported from Prussian ports 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 Coastwise naviga- of thc two couutries, whlch is respectively reserved by uon excepted. estich of thc high contractlug 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- Neitber party to . . , ,~ '^ ill • i. t i^ j xl. • 8.v= any preference poratiou. Or agBut, actiug ou thcir bchalf or under their rfth^m™rtSI°bot authority, in the' purchase of any article of 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- Most favored na- tlcular favor in navigation or commerce, it shall immedi- ''°°- ately become common to the other party, freely, where it is freely granted to such other nation, or on yielding the same compen- sation, when the gr^nt is conditional. PEtJSStA, 1828. 9l9 AETtCLE X^. » The two contracting parties have granted to each other the liberty of having, each in the ports of the other, Consuls, Vice-Oonsuls, 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 right, as such, to sit as judges and arbitrators in such dif- jmisdiciion of con- ferences as inay 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, Yice-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. Aetiole XI. The said Consuls, Vice-Consuls, and Commercial Agents are author- ised to require the assistance of the local authorities, for the search, arrest, and imprisonment of the deserters from Bt-^ti7^°^lSu^i the ships of war and merchant vessels of their country. For ''""'°""''°- this purpose they shall apply to the competent tribunals, judges, and ofQcers, 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 ofi&cial 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-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 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 shairbe 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 sen- tence, and such sentence shall have been carried into effect. Aeticlb XII. The twelfth article of the treaty of amity and commerce, concluded between the parties in 1785, and the articles from the thir- teenth to the twenty-fourth, inclusive, of that which was tafoSer'StST- 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, under- stood that the stipulations contained in the articles thus revived shall 920 TREATIES AND CONVENTIONS. be always considered as in no manner affecting the treaties or conven- tions concluded by either party with other Powers, during the interval between the expiration of the said treaty of 1799, and the commence- ment of the operation of the present treaty. The parties being still desirous, in conformity with their intention SMurity of neu- dcclarcd In the twelfth article of the said treaty of 1799, to Jhe.°bjMtrf"u°u« establish between themselves, or in concert with other mari- treaty. ^{mg powcrs, furthcr provisious to ensure just protection and 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 Vessel, enterin, contractiug partlos, and the uncertainty resulting therefrom, blockaded port., .^jtjj 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 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 ouce 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. Article XIV. The citizens or subjects of each party shall have power to dispose of their personal goods within the iurisdiction of the other, by Peraonal eetatee • i . • t j- Lt « i it • j_j_- maybe disposed of tcstamcnt, donatiou, or otherwisc J and their representatives, bywiiiorotherwiae. |jg|jjg cJtizeDs Or subjccts of thc otjicr party, shall succeed to their said 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 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 Inherited real .8- wlthlu thc tcrritories of the one party, such real* estate ute,howdi.poBedof. ■jy^QuM, by thc laws of the land, descend on a citizen or sub- ject 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 with- draw 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 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 subjects. PRUSSIA, 1852 921 Article XY. The present treaty shall continae in force for twelve years, counting from the day of the exchange of the ratifications ; and if 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 con- sent of the Senate thereof, and by His Majesty the King of J^"'""""' Prussia, and the ratifications shall be exchanged in the city of Washing- ton, 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 af&xed 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. SEAL.] H. Clay. SEAL.] • LXTDWia NrBDEBSTBTTBB, 1852. CONVENTION FOE THE EXTRADITION OF CRIMmALS. FUGITIVES PROM JUSTICE, WITH PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION. Concluded Jime 16, 1852 ; ratiftoaUons exchanged at Washington 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 jurisdiction 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 Prussia, and of the other Ger- man 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 reciprocal, shall be held equally free from any obligation to surrender citizens of the United States : Therefore, on the one part, the United States of Amer- ica, 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 Bhine, His Eoyal Highness the Grand Duke of 922 TREATIES AND CONVENTIONS. Saxe-W«imar-Eisenach, His Highness the Duke of Saxe-Meiningen, His Highness the Duke oi Saxe-Altenburg, His Highness the Duke of Saxe-Goburg-Gofcha, His Highness the Duke of Brunswick, His High- ness the Duke of Anhalt-Dessau, His Highness the Duke of Anhalt- Bernburg, His Highness the Duke of Nassau, His Serene Highness the Prince Schwarzburg-Rudolstadt, His Serene Highness the Prince of Schwarzburg-Sondershausen, Her Serene Highness the Princess and Begent of Waldeck, His Serene Highness 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 Land- grave of Hesse-Homburg, as well as the free city of Prancfort, 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 his own name, as well as in the name of the other German Sovereigns above enumerated, and the free, city of Prancfort, Prederic 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 : Aetiole I. It is agreed that the United States and Prussia, and the other States p , of the Germanic Confederation Included in or which may hereafter accede to this convention, shall upon mutual re- quisitions by them or their ministers, ofi&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 papers, 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 proceedioge before withlu thc tcrritorles of the other : Provided, That this shall .urrender. Only bc doue upou 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 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 maybe heard and con- sidered ; and if, on such hearing, the evidence be deemed suflScient 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 mar of thc Gcrmauic Confederation which may hereafter declare «ceae hereto. j^g acccssion thereto. PRUSSIA, 1852. 923 Article III. None of the contracting parties shall be bound to delivef ijeitte* aaiiot. to up its own citizens or subjects under the stipulations oif this ■)=«'='•"'""»=""■ convention. Article IV. Whenever any person accused of any of the crimes enumerated in this convention shall have committed anew crime in the offence.;., country territories of the State where he has sought an asylum, or o'""^^^- shall be 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 V. The present convention shall continue in force until the 1st of Jan- uary, 1858, and if neither party shall have given to the j3„„ji„„„f,„^t 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 other, 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 ratifi- 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 coavention, 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. SEAL.' SEAL, Dan'l Webster. Fr, v. Gerolt. By the President of the JTrtUed States of America. K PROCLAMATION. Whereas it is provided by the second article of the convention of the 16th of June, 1852, between the United States and Prussia and other States of the Germanic Con- federation, for the mutual delivery of criminals, fugitives from justice, in certain cases, that the stipulations of that convention shall be applied to any other State of the Germanic Confederation which might thereafter declare its accession thereto ; And whereas the Free Hanseatic city of Bremen has declared its accession to the said convention, and the exchange of the said declaration for my accept- ance of the same was made at Washington on the 14th instant, by Eu- "'°™' dolph Schleiden, Minister Resident of the said Free Hauseatic city of Bremen, and William L. Marcy, Secretary of State of the United States, on behalf of their re- spective governments : Now, therefore, be it known, that I, Fkanklin Pierce, President of the United! States of America, have caused this information to be'made public, in order that the 924 TREATIES AND CONVENTIONS. stipulations of the said convention may be observed and fulfilled with good faith in respect to the Free Hanseatio 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 afiBxed. Done at Washington the fifteenth day of October, in the year of our Lord one thou- sand eight hundred and fifty-three, and of the Independence of the United States the seventy-eighth. [SBAL.] Franklin Pibrce. By the President : W. L. Makcy, Secretary of State. [Notice of the accession of the Governments of Mecklenburg-Schwerin, Mecklen- burg- Strelitz, Oldenburg, Schaumburg-Lippe, and Wiirtemburg to the foregoing con- vention 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 suoh 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. 1 ROUMANIA. 1881. CONVENTION CONCEENING THE EIGHTS AND PEIVILE6ES OF CONSULS Concluded June 17, 1881; ratifications exchanged at Bucharest Jume 13, 1883; proclaimed July 9, 1883. The United States of America and His Majesty the King of Eoumania, being mutually desirous of defining the rights, privileges and immu- nities of consular oflcers in the two countries, deem it expedient to conclude a consular convention for that purpose, and have accordingly named as their plenipotentiaries : The United States of America, Eugene Schuyler, their Charg6 d' Af- faires and Oonsui-General ; His Majesty the King of Eou- mania, Mr. D. Bratiano, President of His Council of Minis- Nwt,ator». ters. His Minister of Foreign Affairs, etc., etc., who, after having com- municated to each other their respective full powers, found to be in good and proper form, have agreed upon the following articles : Article I. Bach of the high contracting parties agrees to receive from the other, consuls general, consuls, vice-consuls and consular agents, ^^^^^^ in all its ports, cities and places, except those where it may not be convenient to recognize such ofl&cers. This reservation, however, shall not apply to one of the high contracting parties without also ap- plying to every other power. Article II. The consuls-general, consuls, vice-consuls and consular agents of each of the two high contracting parties shall enjoy recipro- n . .1 r>*., n ,-, ,1 11 n • ■! Most favored na cally, in the States of the other, all the pnvweges, exemp- tion^^privueges ao tions and immunities that are enjoyed by officers of the """ '""'"''''■ same rank and quality of the most favored nation. The said officers, before being admitted to the exercise of their functions and the enjoy- ment of the immunities thereto pertaining, shall present their commis- sions in the forms established in their respective countries. The gov- ernment of each of the two liigh contracting powers shall furnish them the necessary exequatur free of charge, and, on the exhibition of this instrument they shall be permitted to enjoy the rights, privileges and immunities granted by this convention, 925 926 TREATIES AND CONVENTIONS. Aeiicle III. Consuls-general, consuls, vice-consuls and consular agents, citizens Exe™puon»ofcon. of the State by which they are appointed, shall be exempt suiarofflcera. from preliminary arrest except in the case of offences which the local legislation qualifies as crimes and punishes as such ; they shall be exempt from military billetings, from service in the regular army or navy, in the militia, or in the national guard ; they shall like- wise be exempt from all direct taxes, national, state or municipal, im- posed upon persons, either in the nature of capitation tax or in respect to their property, unless such taxes become due on account of the posses- sion of real estate, or for interest on capital invested in the country where the said officers exercise their functions. This exemption shall not, however, apply to consuls-general, consuls, vice-consuls, or consular agents engaged in any profession, business or trade, but the said officers shall in such case be subject to the payment of the same taxes that would be paid by any other foreigner under the like circumstances. It is understood that the respective consuls, if they are merchants, shall be entirely submitted, as far as concerns preliminary arrest for commercial acts, to the legislation of the country in which they exer- cise their functions. t Akticle IV. When a court of one of the two countries shall desire to receive the Testimow of con- judlclal dcclaration or deposition of a consul-general, consul, "^'- vice-consul or consular agent, who is a citizen of the State which appointed him, and who is engaged in no commercial business, it shall request him, in writing, to appear before it, and in case of his inability to do so, it shall request him to give his testimony in writing, or shall visit his residence or office to obtain it orally. It shall be the duty of such officer to comply with this request with as little delay as possible. 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 ajso be extended to the consuls of the United States in Roumania in the like cases. Article V. Consuls-general, consuls, vice-consuls and consular agents may place nd da °^^^ outer door of their offices the arms of their naiiion, ag. ^.^j^ j.j^^g inscription : Consulate-General, or Consulate, or Vice-Consulate or Consular Agency of the United States, or of Eoa- mania. They may also raise the flag of their country on their offices, except in the capital of the country when there is a legation there. They may, in like manner, raise the flag of their country over the boat employed by them in the port for the exercise of their functions. KOUMANIA, 1881. 927 Article VI. The consular ofiBces shall at all times be inviolable. The local author- ities shall not, under any pretext, invade them. In no case „ , : „ ., . • iU il. 3 -i. J T Consular premmea shall they examine or seize the papers there deposited. In and archives inviok- no case shall those offices be used as places of asylum. When a consular officer is engaged in other business, the papers relat- ing 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 consulat agents, their chancellors j,^„„^ of consu. or secretaries, whose official character may have previously ''"•°'«'=»" been made known to the Department of State at Washington, or to the Ministry of Foreign Affairs in Eoumania, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, preroga- tives and immunities granted to the incumbents. Article VIII. Consuls-general and consuls may, so far as the laws of their country allow, with the approbation of their respective governments, .',. 1 1 -I .•ji-j» , Power of consuls appoint vice-consuls and consular agents m the cities, porta » appoint vice^^on- and places within their consular jurisdiction. These agents °°'°' may be selected from among citizens of the United States, Eouman- ians, or citizens of other countries. They shall be furnished with a regular commission, and shall enjoy the privileges stipulated for consu- lar officers in this convention, subject to the exceptions specified in Articles 3 and 4. Article IX. Consuls-general, consuls, vice-consuls and consular agents shall have the right to address the administrative and judicial author- ities, whether in the United States, of the Union, the States sntToe^'e™™""; or the municipalities, or in Eoumania, of the State, the dis- trict or the commune, throughout the whole extent of their consular jurisdiction, in order to complain of any infraction of the treaties and conventions between the United States and Eoumania, and for the pur- pose 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 exercise their functions. Article X. Consuls-general, consuls, vice-consuls and consular agents may take at their offices, at their private residence, at the residence i,epo,itions and of the parties, or on board ship, the depositions of the cap- """"t'- tains 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, conformably to the laws and regulations of their coun- try, all contracts between the citizens of their .country and the citizens or other inhabitants of the country where they reside, and even all con- 928 TEEATIES AND CONVENTIONS. tracts between the latter, provided they relate to property situated or to business to be transacted in the territory of the nation to which the said consular officer may belong. Such papers and official documents of every kind, whether in the orig- inal, in copies or in 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 Eoumania. Article XI. The respective consuls-general, consuls, vice-consuls and consular agents shall have exclusive charge of the internal order of .putM beTw°?n° m^ thc mcrchaut vessels of their nation, and shall alone take crew.. cognizance of all differences which may arise, either at sea or in port, between the captains, officers and crews, without exception, particularly in reference to the adjustment of wages and the execution of contracts. The local authorities shall not interfere except when ithe disorder that has arisen is of such a nature as to disturb tranquillity and public order on shore, or in the port, or when a person of the coun- try or not belonging to the crew shall be concerned therein. In all other cases, the aforesaid authorities shall confine themselves to lending aid to the consuls and vice-consuls or consular agents, if they are requested by them to do so, in causing the arrest and imprisonment of any person whose name is inscribed on the crew-list, whenever, for any cause, the said officers shall think proper. Article XII. The respective consuls general, consuls, vice-consuls and consular agents may cause to be arrested the officers, sailors and D6>erteni. ^jj othcr pcrsous making part of the crews, in any manner whatever, 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 purpsse of sending them on board or back to theircountry. To this end they shall address the competent local authorities of the respective countries, in writing, and shall make to them a written request 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 per- sons claimed belong to the said ship's company. Upon such request thus supported, the delivery to them of the desert- ers cannot be refused, unless it should be duly proved that they were citizens of the country where their extradition is demanded at the time of their being inscribed on the crew-list. All the necessary aid and pro- tection shall be furnished 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 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 deserters shall be set at liberty, nor shall they again be arrested for the same cause. If the deserter has committed any misdemeanor, and the court hav- ing the right to take cognizance of the offence shall claim and exercise it, the delivery of the deserter shall be deferred until the decision of the court has been pronounced and executed. EOUMANIA, 1881. 929 AETICLE XIII. In the absence of an agreement to the contrary between the owners freighters and insurers, all damages suffered at sea by the namagss to re- vessels of the two countries, whether they enter port volun- ■°" " '"''• tadly or are forced by stress of weather, shall be settled by the con- suls-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 th-e matter, and the parties cannot agree, the competent local authorities shall decide. Aeticle XIY. All proceedings relative to the salvage of vessels of the United States ' wrecked upon the coasts of Eoumania, and of Eoumanian vessels wrecked upon the coasts of the United States, shall ^'''"^°' be directed by the consuls-general, consuls and vice-consuls of the two countries respectively, and, until their arrival, by the respective con- sular 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 fbr the protection of persons and the preservation of wrecked property. The local authorities shall not otherwise interfere than for the main- tenance of order, the protection of the interests of the salvors if these 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 subjected to any custom-house charges, unless it be intended for consumption in the country where the wreck may have taken place. The intervention of the local authorities in these different cases shall occasion no expense of any kind, except such as may be caused by the operations of salvage and the preservation of the goods saved, together with such as would be incurred under similar circumstances by vessels of the nation. Aeticle XV. In case of the death of any citizen of the United States in Eoumania, or of any Eoumanian in the United States, without having Deati or citizen. any known heirs or testamentary executor by him appointed, fe ??1 t°o " ^o" Se the competent local authorities shall give information of the °"'"- circumstance to the consuls or consular agents of the nation to which the deceased belongs, in order that the necessary information may be immediately forwarded to parties interested. Consuls-general, consuls, vice-consuls and consular agents shall have the right to 'appear, personally or by delegate, in all pro- ceedings on behalf of the absent or minor heirs or creditors, until they are duly represented. Aeticle XVI. The present convention shall remain in force for the space of ten years, counting from the day of the exchange of the ratifications, !,„„«„„ „f „„„ which shall be made in conformity with the respective con- '=°'""'' stitutions of the two countries and exchanged at Bucarest as soon as possible. 3769 TK 59 930 TREATIES AND CONVENTIONS. In case neither party gives notice, twelve months before the expira- tion 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 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 con- vention in duplicate, and have hereunto affixed their seals. Done at Bucarest the 5-17 day of June, in the year one thousand eight hundred and eighty-one. [SBAx.] Eugene Sohitylee. [SEAL.] D. BKATIANO. RUSSIA. t 1824. CONVENTION* EELATIVE TO NAVIGATION, FISHING, AND TRADING IN THE PACIFIC OCEAN AND TO ESTABLISHMENTS ON THE NROTHWEST COAST. Concluded April 17, 1824; ratifications exchanged at Washington 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 theEussias, wishing to cement the bonds of amity which unite them, and to secure between them the invariable maintenance of a perfect concord, by means of the present convention, have named as their Plenipotentiaries to this eifect, to wit : The President of the United States of America, Henry Middleton, a citizen of said States, and their Envoy Extraordinary and Negotiators Minister Plenipotentiary near his Imperial Majesty; and His Majesty the Emperor of all the Eussias, his beloved and faithful Charles Eobert Count of I^esselrode, actual Privy Counsellor, Member of the Council of State, Secretary of State directing the administration of Foreign Aifars, actual Chamberlain, Knight of the Order of St. Alex- ander 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 St. Michael, and Grand Cross of the Legion of Honor of France, Knight Grand Cross of the Orders of the Black and of the Eed Eagle of Prussia, of the. Annunciation of Sardinia, of Charles III of Spain, of St. Ferdinand and o^ Merit of Naples, of the Elephant of Den- mark, 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. Constantine of Parma ; and Pierre de Ppletioa, 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 : Aeticle I. It is agreed that, in any part of the Great Ocean, commonly called the Pacific Ocean, or South Sea, the respective citizens or NaTigatio,,»ndii.h. subjects of the high contracting Powers shall be neither dis- ".esof thepacinc. turbed nor restrained, either in navigation or in fishing, or in the power * Translation from the original, wMoh is in the French language. 931 932 TREATIES AND CONVENTIONS 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- cised upon the Great Ocean by the citizens and subjects of uucittrnde. ^^^ j^.^j^ coutractiug 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 Eusian establishment, without the permission of the governor or commander ; and that, reciprocally, the subjects of Eussia shall not resort, without permission, to any estab- lishment of the United States upon the E^orthwest coast. Article III. It is moreover agreed that, hereafter, there shall not be formed by Establishments to thc citizcHs of thc United States, or under the authority of oftt,™cni«dsTat"s tho Said Statcs, any establishment upon the Northwest orKuesia. coast of Amcrica, 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 converition, the intmor sea.s. gjjipg of both Powcrs, or wWch belong to their citizens or su"bjects 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 trad- ing with the natives of the country. Article Y. All spirtuous liquors, fire-arms, other arms, powder, and munitions of war of every kind, are always excepted from this same c=pi!eT"°rram'%Ss commcrco 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 thediselves 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 RatificatioDs ^^ ^^^ Unltcd .Statcs, with the advice and consent of the ati catioDs. Senate, on the one part, and, on the other, by His Majesty the Emperor of all the Eussias, the ratifications shall be exchanged at RUSSIA, 1824. 933 Washington in the space of ten months 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. SEAL. SEAL. sealJ Henry Middleton. Le Comte Charles de Nesselkode. PlEKEE De Poletica. 1832. treaty of commerce and navigation. Concluded Becemher 18, 1832 ; ratifications exchanged at Washington May 11, 1833; proclaimed May 11, 1833. In the name 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 con- .^ ^^^ ferred full powers on James Buchanan, their Envoy Extra- ordinary and Minister Plenipotentiary near His Imperial Majesty; and His Majesty the Emperor of all the Eussias has conferred like powers on the Sieur Charles Eobert Count de Nesselrode, his Yice 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- o„mmerc. .nd habitants of their respective States shall mutually have "'"e^''""- 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 prevail- ing, 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 ^^ aismmmatio United States arriving either la.den or in ballast in the ports m tonnige"™°S'op of the Empire of Eussia, shall be treated, on their entrance, °'"™"' d.uring their stay, and at their departure, upon the same footing as na- tional vessels coming from the same place, with respect to the duties of 934 TREATIES AND CONVENTIOKS. tonnage. 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, iij 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. Article III. All kind of merchandise and articles of commerce, which may be law- „ ^. . . , fully imported into the ports of the Empire of Eussia in i>°nlccount°orS" -'^'^s^i^''^ vcsscls, may also be so imported m vessels of the Siiw °°r vraadB fm- TJuitcd Statcs 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, tihan 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 Eussian ves- sels, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Gov- ernment, the local authorities, or of any private establishments what- soever, than if the same merchandise or articles of commerce had been imported in vessels of the United States of America. Article rv. It is understood that the stipulations contained in the two preceding The .ams rule ^^rticles arc to thclr full extent applicable to Eassian ves- obt.iV^T^eui°r\r- scls aud their cargoes arriving in the ports of the United own or from foreim Statcs of Amcrica, and reciprocally to vessels of the said States and their cargoes arriving in the ports of the Empire of Eussia, 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- fully exported from the ports of the United States of America wo discnminatiDn ..-i i -i-i jiii n • -rt in duties on exports in natioual vcsscls, may also be exported therefrom in Eus- on account of nation- . .• • ,■§ , • .t i«i i i • aiity of vessels ex- siau vosscls without payiug other or higher duties or porting same. chargcs, of whatcvcr 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 vessels of the United States of America. And, reciprocally, all kind of merchandise and articles of commerce, which may be lawfully exported from the ports of the Em- pire of Eussia 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 articles of commerce had been exported in Eussian vessels. RtrssiA,-^ 1832. 935 Aeticle VI. No higher or other duties shall be imposed on the importation into the United States of any article the produce or manufacture ^o aiKriminMins ofEussia, andno higher or other duties shall be imposed i'Si^Z^'"^r\S!. on the importation into the Empire of Eussia 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. Kor shall any prohibition be im- p^wbwon, .mi posed on the importation or exportation of any article the '^senerai. produce or manufacture of the United States or of Eussia, to or from ' the ports of the United States, or to or from the ports of the Eussian 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 coa»tmg trade ei- of either of the two countries, which each of the high con- ''"^'■ tracting parties reserves exclusively to itself. Article VIII. '« The two contracting parties shall have the liberty of having in their respective ports Consuls, Vice-Consnls, Agents, and Com- missaries, of their oXvn appointment, who shall enjoy the ''°°"'""' same privileges and powers as those of the most favored nations; but if any such Constil 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 dif- ferences as may arise between the captains and crews of the puS'towel «»: vessels belonging to the nation whose interests are com- mitted to their charge, without the interference of the local authorities, unless the conduct of the crews or of the captain should disturb the order of the tranquillity of the country, or the said Consuls, Vice-Con- suls, 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 de- prive the contending parties of the right they have to resort, on their return, to the judicial authority of their country. Article IX. The said Consuls, Vice-Consuls, and Commercial Agents are author- ized to require the assistance of the local authorities, for 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 snbstan Hated, the surrender shall not be refused. 936 TREATIES AND CONVENTIONS. 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 crime or oftience, 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 estate. ^^^ havc powcr to disposo of their personal goods within may'™°diBmB?d°of the iurisdiction of the other, by testament, donation, or by will or otherwise j_i • t jt • j_ j_- i • -j.- i_ • otherwise, and their representatives, being citizens or sub- jects of the other party, shall succeed to their said 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 representatives, 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 Inherited real e» l^ud dcsccud on a citizcu or subject of the other party, who tat.,howdisposedoc jjy rgasou 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 without molestation, and without paying to the profit of the respective Governments 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 Maj- esty the Emperor of all the Eussias, to prevent the emigration of his subjects. Article XI. If either party shall hereafter grant to any other nation any particu- Most favored na- l^r favoT lu uavigatiou 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 compensatiion, when the grant is conditional. RUSSIA, 1832. '937 Akticle XII. The present treaty, of whicli the effect shall extend in like manner to the Kingdom of Poland, so far as the same may be Duration »nd e,- applicable thereto, shall continue in force until the first day "^■""f "'"?■ of January, in the year of our Lord one thousand eight hundred and thirty-nine, and if, one year before that day, one of the high contract- ing parties shall not have announced to the other, by an official notifi- cation, its intention to arrest the operation thereof, this treaty shall remain obligatory one year beyond that day, and so on until the expi- ration of the year which shall commence after the date.of a similar notification. 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 i«kt'fi=='"<'M- Majesty the Emperor of all the Eussias, and the ratifications shdll 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 af&xed thereto the seal of their arms. Done at St. Petersburg the eigSmh December, in the year of Grace one thousand eight hundred and thirty-two. SEAL. 'seal. James Buchanan. Charles Comte de Nesselrod^. 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 ftS tTofK Kingdoms of Sweden and Norway by special stipulations,' ""'°''»''°"°=«""^- now actually in force, and which may be renewed hereafter ; which stip- ulations are in no manner connected with the existing regulations for foreign commerce in general: The two high contracting parties, wishing to remove from their 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 considera- tion 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 Dntchy 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 oigSnth of December, in the year of Grace one thousand eight hundred and thirty-two. SEAL.] James Buchanan. SEAL.] Chaeles Comte de Nesselrode. 938 TREATIES AND CONVENTIONS. 1854. CONVENTION RELATIVE TO THE EIGHTS OF NEUTRALS AT SEA. Concluded July 22, 1854 ; ratifications exchanged at Washington October 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 which have at all times so happily subsisted between themselves, as also between the in- habitants 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 conditions of Negotiator.. ^jj fpgg^gm (jf navigatlou and maritime trade. For this purpose the President of the United States has conferred full powers on William L. Marcy, Secretary of State of the United States ; and His Majesty the Emperor of all the Eussias has conferred lilie powers on Mr. Edward de Stoeckl, Counsellor of State, Knight of the Orders of Ste. Anne of th&2d class, of St. Stanislas of the 4th class, and of the Iron Crown of Austria of the 3d class, His Majesty's Charg6 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 tbllowing 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 Free ships male ov goods bclonging to subjccts or citizens of a Power or free goods. State at War arc frcc 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 subject to confiscation, unless the same be contraband of Neutral property. ^^^ Thcy eugBgc 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 11. The two high contracting parties reserve themselves to come to an ulterior understanding as circumstances may require, with a. tJ appfatioi°of regard to the application and extension to be given, if there these prmcpies. -^^ ^^^ caus6 for it, to thc priuciples laid down In the 1st article. But they declare from this time that they will take the stipu- lations contained in said article 1 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 other nations may shall Or may conscnt to accede to the rules of the first article ncMdetothu treaty, ^f ^]j|g convcution, by a formal declaration stipulating to observe them, shall enjoy the rights resulting from such accession as RUSSIA,-- 1867. 939 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 His Majesty the Emperor of all the Eussias, and the ratifications of the same shall bo exchanged at Washington, within the period of ten 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 Washington the twenty- second day of July, the year of Grace, 1854. SEAL.] W. L. Maeoy. SEAL.] BDOTJABD STOECKL. 1867. CONVENTION FOR THE CESSION OF THE RUSSIAN POSSESSIONS IN NORTH AMERICA TO THE UNITED STATES. Concluded March 30, 1867 ; ratifications exchanged at Washington June 20, 1867 ; proclaimed June 20, 1867. The United States of America and His Majesty the Emperor of all the Eussias, being desirous of strengthening, if possible, the good understanding which exists between them, have, for that purpose, ap- pointed as their Plenipotentiaries, the President of the United States, William H. Seward, Secretary of State ; and Negotiators. His Majesty the Emperor of all the Russias, the Privy Counsellor Ed- ward 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 ^^,,1011 of er 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 is the hne of demarcation between the Russian andf the Boundane«. British possessions in Iforth America, as established by the convention between Russia and Great Britain, of February 28-16, 1825, 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 940 TREATIES AND CONVENTIONS. 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 degreee, 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.) " 2d. That whenever the sammit 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 JSritish 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 Eatmanofif, or ]S"oonarbook, 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 Gape 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 Ocean, 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. Aetiolb II. In the cession of territory and dominion made by the preceding article are included the right of property in all public lots and thf SoTo/tori- squares, vacant lands, and all public buildings, fortifications, tory uud dominion. ][ja,rracks, aud 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 Eussian 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, jjapers, and documents relative to the territory and dominion aforesaid, which may now be existing there, will be lelt 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 Eussian Government, or to such Eussian officers or subjects as they may apply for. RUSSIA. 1867. 941 Aktiole hi. The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Eussia Kirt„ „, ^1,^;,. 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. Article IV. His Majesty, the Emperor of all the Eussias shall appoint, with con- venient despatch, an agent or agents for the purpose of 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- ce8.ion to be .b- theless to bedeemed complete and absolute on the.exchange '°!°*°- 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 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 the exchange of the ratifications of this convention, to the payment. 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 Territory ceded k. and dominion herein made is hereby declared to be free ^eB^^SS^^'l^^l and unincumbered by any reservations, privileges, fran- >'=K".<"f«ii:'"i««"- 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 j and the cession hereby made conveys all the rights, franchises, and privileges now belonging to Eussia in the 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 of the Senate, on the one part, and, on the other, by His Maj- Ka""''""-"- 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. 942 TREATIES AND CONVENTIONS. In faith whereof the respective Plenipotentiaries havo sig-nsd 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. [seal.] William H. Sewaed. [SEAL.] EDOUAKD DE STOECKL. 1868. ARTICLE RESPECTING TRADE-MARKS,* ADDITIONAL TO THE TREATY OF NAVIGATION AND COMMERCE OF DECEMBER 6-18, 1838. Concluded at Washington January 27, 1868 ; ratifications exchanged at 8t. Petersburg 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 ^ December, 1832, have for this purpose named as their Plenipotentiaries, the President of the United States, William H. Seward, Secretary of State, and Neeotiators. g^.^ Majcsty thc Emperor of all the Eussias, the Privy Coun- cillor, Edward de Stoeckl, accredited as his Envoy Extraordinary and Minister Plenipotentiary to the United States ; And the said Plenipotentiaries, after an examination of their re- spective full powers, which were found to be in good and due form, have agreed to and signed the following : ADDITIONAL AETICLB. The high contracting parties, desiring to secure complete and efflcient 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 in. 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 Buritionofcon™. bo ratified by the President, by and with the advice and tisk RauocafoHB. couseut of thc Senate of the United States, and by His Majesty the Emperor of all the Eussias, and the respective ratifications of the same shall be exchanged at St. Petersburg within nine months from the date hereof, or sooner if possible. * See also Declaration of March 28, 1874. EUSSIA, 1874, 1884. 943 In faith whereof the respective Plenipotentiaries have signed the present additional article in duplicate, and afflxed 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. SEAL." SEAL. William H. Sewakb. Edouabd de Stoeokl. 1874. DECLARATION RESPECTING PEEVIOUS TEEATY STIPULATIONS IN EE- GAED TO TEADE-MAEKS. Signed March 28, 1874; proclaimed November 24, 1874. DBCLAEATION. The Government of the IJnited States of America and the Government of His Majesty the Emperor of all the Eussias, having recognized the necessity of defining and rendering more ef&cacious the stipulations contained in the additional article of the ^J^ January, 1868, to the Treaty of Commerce and Navigation concluded between the United States of America and Russia on the j^^J^ December, 1832, the under- signed, duly authorized to that effect, have agreed upon the following arrangements: Aeticle I. With regard to marks of goods or of their packages, and also with regard to marks of manufacture and trade, the citizens of Reciprocal trade- the United States of America shall enjoy in Eussia, and """"prmioBee. Eussian subjects shall enjoy in the United States, the same protection as native citizens. Article II. The preceding article, which shaU come immediately into operation, shall be considered as forming an integral part of the Treaty of the ■^\^ December, 1832, and shall have the same force and duration j,„„ti„„ „f jc^ia. as the said Treaty. "''°°- In faith whereof the undersigned have drawn up and signed the pres- ent Declaration, and aflxed thereto their seals. Done in duplicate in the English and Eussian languages at St. Petersburg this ^J5 day of March, 1874. SEAL.l SEAL. Marshall Jewell, gortchacow. 1884. DECLARATION CONCEENING THE ADMEASUEEMENT OF VESSELS. Signed June 6, 1884. DECLARATION. The English method for the admeasurement of vessels (the Moorsom system) being now in force not only in the United States of America, but also in tJie Empire of Eussia and the Grand Duchy of Finland, the 944 TREATIES AND CONVENTIONS. ' undersigned, haTing been duly authorized by their Governments, hereby declare: Aeticle I. That American vessels admeasured according to the aforesaid method, Adiiieai.iir.ment shall be admitted into the ports of Enssia and Finland, and •fvesseie. likewisc that Eussian and Finnish vessels admeasured ac- cording to the same system, shall be admitted into the ports of the United States, without being subjected, for the payment of navigation dues, to any new admeasurement whatever. These navigation dues shall be computed according to the net tonnage. A. Eussian certificates of admeasurement issued since "jaZ^''.^' and Certificates of ad- ^^^^ish certlflcates of admeasurement issued since' May 31, measurement °to\e 1877, shall be recogulzed in the United States of America without any formafity as regards the net tonnage of sailing or steam vessels. B. In like manner American certificates of admeasurement shall be recognized in Eussia and Finland without any formality as regards the tonnage of American sailing vessels. American certificates of admeas- urement, issued since e^^, 1882, shall be recognized in Enssia and Fin- land without any formality as regards the net tonnage of American steam vessels. As the American admeasurement regulations which were in force previously to that date make no deduction for the space occupied by the machinery and its appurtenances, certificates of ad- measurement of American vessels issued before the act of j°'^.'\ 1882, took effect, shall be recognized in Eussian and Finnish ports without such vessels being subjected to the readmeasurement, but on condition that the navigation dues shall be computed according to the gross ton- nage stated in the certificate of admeasurement. The owners or captains of such vessels shall, nevertheless, if they desire it, have a right to de- mand a partial readmeasurement according to Eussian or Finnish rules, in order thereby to secure a reduction of such dues. C. Inasmuch as the Eussian and Finnish regulations are not entirely Keadmeaeuiement i^ couformlty wlth thosc of thc Uuitcd. states of America in of steam yesseiB. rcspcct to tho admcasuremcut of steam vessels, commanders of Eussian or Finnish vessels in American ports, and vice versa, shall have the right to demand the partial readmeasurement of the space oc- cupied by the machinery, boilers, etc., according to the system in force in the port in which they are. The other figures of the certificate of admeasurement shall be taken as the basis of such readmeasurement. D. This readmeasurement, executed in accordance with paragraphs B and C of this article, shall be performed at a rate to be established for this purpose by the local authorities. Aktiole II. The above provisions shall likewise be applicable to vessels propelled by any other mechanical motor. This declaration shaU take effect on the ut'ly^ln^l 1884, and shall re- Dnration of decia- malu lu forco uutll ouc of the contracting parties shall have ration. madc known to the other, six months in advance, ite inten- tion to cause its effects to cease. In testimony whereof the undersigned have afiflxed their signatures to this declaration, together with the seals of their arms. Done in dupUcate at Washington, this s^dlroS: 1884. SEAL. SEAIi. Feed'k T. Feelinghuysen. 0. SlEUVE. SALVADOE, 1850.* TREATY OF AMITY, NAVIGATION, AND COMMERCE. Concluded January 2, 1850 ; ratifications exchanged at San Salvador June 2, 1852 ; proclaimed April 18, 1853. The United States of North America and the Eepublic of San Salva- dor, desiring to make lasting and firm the friendship and good under- standing which happily exists 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 naviga- tion. For this desirable object the President of the United States of America has conferred fnll powers upon E. G. Squier, a citizen of the Negotiators said States, and their Charg6 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 due 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 Decoration or of San Salvador, in all the extent of their possessions and "°"^- 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 Most f«vor.d na. of the earth, by means of a policy feank 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 immedi- ately 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. * See Notes: "Abrogated, suspended, or obsolete treaties." ?45 946 TREATIES AND CONV^ENTIONS. Article III. The two high contractiiig parties, being likewise desirous of placing priTiie e. of citi ^^^ commerce and navigation of their respective countries jeoS'SoM nation ta OH tho liberal basis of perfect equality and reciprocity, mu- other "iTImi^l 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 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, whioli na- tive citizens do or shall enjoy, submitting themselves to the laws, decrees, or usages there established, to which native citizens are coastini! trade ro- subjoctcd. But it is undcrstood that this article does not nerved. includc thc coasting trade of either country, the regulation of which is reserved by the parties respectively, according to their own separate laws. Aeticle IV. ' They likewise agree that whatever kind of. produce, manufacture, or . merchandise of any foreign country can be, from time to indSt?er?°wb"ck° time, lawfully imported into the United States in their own pori'^dSporu "n vesscls, may be also imported in vessels of the Eepublic of ityo°Te™eiimpm. Sau Salvador J and that no higher or other duties upon the insaame. tonuago of thc vcsscl and her cargo shall be levied and col- lected, 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 Eepublic 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 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 exporta- tion or re-exportation be made in vessels of the United States or of the Eepublic of San Salvador. Aktiole V. No higher or other duties shall be imposed on the importation into the No diacrimmating Uultcd Statcs of auy articlcs the produce or manufactures ^ZZi'^i"'\m. of the Eepublic of San Salvador, and no higher or other Sf'na'Lrto'wS duties shall be imposed on the inlportation into the EeTpub- exports are sent. Jig q^ g^jj galvador of auy artlclcs the produce or manufact- ures of the United States, than are or shaU be payable on the like articles being the produce or manufactures of any 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 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 bn the exportation or importation of any articles the produce or manufactures of the United States or of the SALVADOE, 1850. 947 Eepublic of San Salvador, to or from the territories of tlie United States, or to or from the territories of the Eepublic of San Salvador, which shall not equally extend to all other nations. Article IV. In order to prevent the possibility of any misanderstanding, it is hereby declared that the stipulations contained in the three The three preced- preceding articles are to their full extent applicable to the im articUB redpro: call7 applicable to vessels of the United States and their cargoes arriving in voyases from aw port. the ports 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 im- posed 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. , Aeticle VII. It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of both countries, Transaction ot 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. • Aetiole VIII. The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, mer- Embargoes and de- 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. Aeiicle IX. Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports, or j^^^^^^ „ „y,„„ dominions 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 T/rtth 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. Aeticle 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 jurisdiction or on nrcdTrom^pirLtesto 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 948 TREATIES' AND CONVENTIONS. 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 shwwreckB. (jamage 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 maybe destined for consumption or sale in the country of the port where they may have been dieembarked. Article XII. The citizens of each of the contracting parties shall have power to iviiiy topoee o disposc of thclr personal goods or real estate within the t«'ebriiuor'oth/r- junsdictlon 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 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. Article XIII. Both contracting parties promise and engage formally to give their Protection of per- spccial protcctlon to the persons and property of the citi- BODB and property, ^eus of cach Other, of all occupations, who may be in the territories subject to the jurisdiction of one or the other, transient or AccesBtotribnnata dwclliug thcreiu, leaving open and free to them the tribu- of justice. jjjiig of justice for their judicial recourse, on the same terms which are usual and customary with the natives or citizens of the coun- try, for which purpose they may either appear in proper person, or em- ploy 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 j and such citizens or agents shall have free opportunity to be present at the decisions 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 Freedom of con- KepuWic of Sau Salvador shall enjoy the most perfect and Bcienoe and worship, eutiro securlty of conscience, 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 jj^^. I country. Liberty shall also be granted to bury the citizens of the' United States who may die in the territories of the Eepublic of San Salvador, in convenient and adequate places, to be appointe4 and established for that purpose, witl^ tU© liROwledge of the SALVADOR, 1850. 949 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. Aeticle XV. It shall be lawful for the citizens of the United States of America and of the Kepublic of San Salvador to sail with their ships, i,ib„ty of com. with all manner of liberty and security, no distinction being ""^Mi-tini^ofw^r- 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, without 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 belongingto 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 F^e ships m»k<= freedom to goods, and thart 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 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 nianner, that the same liberty shall be extended to persons who are on board a free ship, with this effect ; si„i,„ provision that altho' they be enemies to both or either party, they are " '" •'""°"'- not to be taken out of that free ship, unless they are oflcers and sol- diersj 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 of the 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 the contracting parties shall protect the property of one of Emmy's .up to the enemies of the other by virtue of the above stipulation, ■»»i'""™j''»<:o<"i»- it shall always be understood that the neutral property 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 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, two months having elapsed K„o„ieace of dec- after the declaration of war, their citizens shall not plead '""""■"'f »■"• ignorance thereof. On the contrary, if the flag of the neutral does not 950 fEEATIES AND CONVENTIONS. 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 XYIL This liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only which are distinguished Contraband. ^^ ^j^^ Damc of coutrabaud ; and under this name of contra- band or prohibited goods shall be comprehended — 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberts, hand-grenades, bombs, powder, matches, balls, and all other things be- longing 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. 4th. 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 make war by sea or land. 5th. Provisions that are imported into a besieged or blockaded place. Aettcle XVIII. All other merchandise and things not comprehended in the articles of ^^ ^^ contraband explicitly enumerated and classified as above, other 800 . ee. gjjg^^ |jg jjgj^ ^^^ cousidcred 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 siseoandbiockado j^ ^jjjg parjjigyiar, 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. Aeticle XIX. The articles of contraband before enumerated and classified which proooedingsracaso m^y ^6 fouud lu a vcsscl bouud for an enemy's port shall be ofcontraband. gubjcct to deteutiou and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. !N"o 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. Aeticle XX. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is Blockades. bcsicgcd 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 or her cargo, if not con- SALVADOR, 1850. 951 traband, be confiscated, unless, after warning of such blockade or in- Tcstment from the commanding ofQcer 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 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 shall be restored to the owners thereof. 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- Ri,i,tof.e.rci.at ties on the high seas, they have agreed mutually that when- '"^ 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 or 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 commanders 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 sufflciiept security to answer for all the damage 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 what- ever. 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 the citizens of the two contracting parties, they have agreed, and do hereby agree, that in case one of them should be engaged in war, the ships and 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 ship, as also the name and place of habitation of the master and, y„^i^ ^ ^e r„^ commander of the said vessel, in order that it may thereby feS'o* p!Spor?;''n appear that the ship really and truly belongs to the citizens ''■"=»'■''"• of one [ofj 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 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 certificates shall be made out by the ofQcers of the place whence the ship sailed, in the accustomed form ; without which requisities 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 exaniination of vessels, shall apply only to v«seiB™d«co». 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 952 TREATIES AND CONVENTIONS. 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 sufQcient. Aktiole XXIV. It is further agreed that in all cases the established courts for prize prhe courts causcs iTi thc couutry to which the prizes may be conducted shall alone take cognizance of them. And whenever such 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. Akticlb XXV. For the purpose of lessening the evils of war, the two high contract- Hostiiities *°^ 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. Aeticlb XXVI. Whenever one of the contracting parties shall be engaged in war with citizeM of one auothcr State, no citizen of the other contracting party shall' ?o2miS.'oL''o'rfet acccpt a commission or letter of marque for the purpose fhe'°n"my°of'^'J'h" of asslstiug Or co-opcratiug hostilely with the said enemy other. 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 la cR.e of war two contractiug parties should be engaged in a war with cSni'to'St""; 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 suf&cient pro- tection until they arrive at the designated port. The citizens of all other, may re- othcr occupatious who fflay be established in the territories "»'°- or dominions 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 con- tracting parties engage to give them. Aeticle XXVIII. Neither the debts due from individuals of the one nation to the indi- Debtaandnioney, viduals of tho Other, uor shares nor money which they may nottobeconfiaeatei jj^ye in publjc fuuds, uor lu publlc or private banks, shall ever, in any event of war or of national difference, be sequestered or confiscated. SALVADOR, 1850. 953 AETICLE XXIX, Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official inter- i,„mtii>itie.ofdiiH course, have agreed, and do agree, to grant to the Envoys, i<'">»'i':°'5"'=™- 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 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 ^^^^^ navigation a.nd commerce of the citizens of each other, they 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 commusion, ai.rincipte. ^jjjg principle ; but if either of the two contracting i^arties 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 16th. 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, it shall always be un- Enemy'. .hip to dcrstood that the neutral property found on board such m.ke™eny'.wod8. eucmy's vesscls 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 Knowledge of dec of .Itj but tho coutracting parties agree that, two months larationofwar. havlug clapscd aftcr 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. '' *■ " Aeticle 17th. 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 contraband or pro- hibited goods shall be comprehended : 1st. Cannons, mottars, howitzers, swivels, blunderbusses, muskets, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberts, hand-grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms. , 2d. Bucklers, helmets, breast-plates, coats of maU, infantry -belts, and clothes made up in the form and for the military use. 3d. Cavalry belts and horses, with their farniture. 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- rtilriake war by sea or land. 6th. Provisions that are imported into a besieged or blockaded place. SALVADOE, 1870. 963 Article 18th. 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 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 sit,t .nd block. doubt in this particular, it is declared that those places *'''• only are besieged or blockaded which are actually attacked by a bellig- erent force capable of preventing the entry of the neutral. « Aeticle 19th. The articles of contraband before enumerated and classified which may be found in a vessel bound for an enemy's port shall p,„ce,"'' '■^wfi.oaie.i. companies and property of whatever description, shall never be confis- cated nor detained nor sequestered. Article 28th. In whatever relates to the police of the ports, the lading and unlad- ing of ships, the safety of merchandise, goods, and effects, the succession to personal estates by will or otherwise, and »= w pouce, safety the disposal of personal property of every sort and denom- °fMd''S'eMSSM ination by sale, donation, exchange, testament, or any other """""'■ manner whatsoever, as also the administration of justice, the citizens of the two high contracting parties shall •reedprocally 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. 966 TREATIES AND CONVENTIONS. The foregoing provisions shall be applicable to real estate situated within the States of the American Union, or within the Republic of Sal- vador, 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 con- tracting parties should fall to a citizen of the other party, who, on ac- inherited re couut of hls bciug au alien, could not be permitted to hold tatJ, h"w j'wos'S such property in the state in which it may be situated, there shall be 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 without 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 will or testament in any of the territories of the other, the wiii,^c'h°Jje of'pmp- minister or consul of the nation to which the deceased be- ""'" longed, (or the representative of such minister or consul, 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 wUl permit, for the benefit of the lawful heirs and creditors of the deceased, giving proper notice of such nomination to the authorities of the country. Article 29th. Ist. The citizens of the United States residing in Salvador, or the cituen,bip not citizens of Salvador residing in the United States, may in- SfpSis'Tonrfnaj tcTmarry with the natives of the country, hold and possess, estate. jjy puFchase, 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. 2nd. When the citizens of the United States residing in Salvador, or the citizens of Salvador residing in the United States, marry MarriMe.. natlvcs of the country according to the laws, such marriage shall be considered legal in the other country. 3rd. The citizens of the United States residents in the Eepublio of Salvador, and the citizens of Salvador residents in the Ber,°c"°oaM',""Jd Uflitgcl. States, shall be exempted from all forced or com- piulsory m^itary service whatsoever, by land or sea, from all contributions of war, military exactions, forced loans in time of war; but they shall be obliged, in the same manner as 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. 4th. Nor shall the property of either of any kind be taken for any oorap=r«ation fcr publlc objcct wlthout fuU aud just compensation, to be paid property take-. jjj advaucc ; and 5th. The citizens of the two high contracting parties shall have Iftie RightoftraTdai.* Unlimited rfght to goto any part of the territories of the .ecuritr. other, and in all 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. Aetiole 30th. Both the contracting parties, being desirous of avoiding all inequality in relation to their public communications and official intercourse, have SALVADOR, 1870. 967 agreed, and do agree to grant to the envoys, minister^', and i,„„„„i,i„ „r jip. other public agents, the same favors, immunities, and ex- >■>"«''lmmIt:M"i 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. 2nd. They may apply to the authorities of the consular district, and, in case of necessity, they may have recourse to the national government 968 TJIEATIES AND CONVENTIONS. through the diplomatic agent of their nation, if theri Com i.inta of a ^ ^^^^^ ^6 HO such Egent, agaiust any s b»s°"bySho°rities the authorfties of the country, or the persons employed by against individuals. .- ........ .-•'. i. ■*-. . ,'-■' ." them, against individuals of their nation in whose service the consul is engaged; and they may, when necessary, take such measures as maybe proper to prevent justice from being denied to compiaintsagainst thcm OT delayed, and to prevent them from being judged or denial of justice, puuished by any other than competent judges, and agree- ably to the laws in fprce. 3rd. They may, as the natural defenders of their fellow-countrymen, Ap sarin before ^PP^^^ ^^ thcir uamc aud behalf, whenever so requested by authorlSin bIbaTf them, bcforo the respective authorities of the place, in all of countrymen. •T--ij_i« j. t cases m which their support may be necessary. 4th. They may accompany the captains, mates, or masters of vessels of Accom an fu sbi ^^^^^ uatiou lu all that they may have to do with regard to n.ast°e?s'"'i!f'clrtai!i thc maulfests 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 mentioned, or any other belonging to their respective crews. 5th. They shall have the right, in the ports or places to which they Protests and decia- ^rc Or may be severally appointed, of receiving the pro- ratious. tests or declarations which such captains, masters, crews, passengers, and merchants as are citizens of their country maj respect- ively choose to make there ; and also such as any foreigners may choose to make before them relative to the personal interests of any of their Autbenticatedcop- citizcus J aud thc copies of said acts, duly authenticated ios of protests. jjy ^]jg g^j^ cousuls uudcr the seal of their consulates re- spectively, shall receive faith in law, as if they had been authenticated before the judges or courts of the respective countries. 6th. They may determine on all matters relating to injuries sus- ininries at sea to talDcd at sca by effects and merchandise shipped in vessels Jr°*c'con°ui'^r ni! of the nation in whose service the consul is employed arriv- "°''- ing 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 inhabitants 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. 7th. They may compromise amicably, and out of court, the differences , „ arising between their fellow countrymen, providing that Arbitration of dif- ,, " i j .-i j , .I'j i -u-j. ferences between fet thoso persoHS agTcc voluntarily to submit to such arbitra- tion; in which case the document containing the decision of the consul, authenticated by himself and his chancellor or secretary, shall have all the force of a notarial copy authenticated, so as to render it obligatory on the interested parties. fJth. They may cause proper order to be maintained on board of ves- settiement of dis- ^^^^ ^^ their uatlou, aud may decide on the disputes arising p«ss'Jpt™iS miT between the captains, the officers, and the members of the tersan crews. gfcw, uuIbss the disordors taking place on board should dis- turb the public tranquillity, or persons not belonging to the crew or to the nation in whose ger^(5e.,the consul is employed, in which case the local authorities may interfere. 9th. They may direct all the operations for saving vessels of their Shipwrecks nation which may be wrecked on the coasts of the district where the consul resides. In such cases the local anthori- SALVADOR, 1870. 969 ties shall interfere only in order to maintain tranquillity, to give Security to the interests of the parties concerned, and to cause the dispositions which should be observed for the entry and export of the property to be fulfilled. In thei absence of the consul, and until his arrival, the said authorities shall take all the measures necessary for the preserva- tion of the efifects of the wrecked vessel. 10th. They shall take possession of the personal or real estate left by any of their citizens who shall die within their consulate, Estates of jm«- leaving no legal representative or trustee by him appointed '''""• to take charge of his effects ; they shall inventory the same with the assistance of two merchants, citizens of the respective countries or for want of them of any others whom the consuls may choose ; ^^^.^^ ^^^^^ shall cause a notice of the death to be published in some newspaper of the country where they reside; shall collect coiiecticmdpay- the debts due to the deceased in the country where he died, -""""f 'i«i>'»- and pay the debts due from his estate which he shall have contracted; shall sell at auction, after reasonable public notice, such of the estate as shall be of a perishable nature, and such further part, if any, as shall be necessary for the payment ciai™. sgaiMt en- of his debts, but they shall pay no claims not reduced to a *»"=»"»<^'=''«='J' judgment for damages on account of any wrongful act alleged to have been done by the deceased. Whensoever there is no con- sul 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, and immediately notify the nearest consul of the country to which the deceased belonged. 11th. They may demand from the local authorities the arrest of sea- men deserting from the vessel of the nation in whose service the consul is employed, exhibiting, if necessary, the roister 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 re- spective authorities, and cannot again be arrested for the same cause. 12th. They may give such documents as may be necessary for the intercourse between the two countries, and countersign j,„^„^i,^,^„ those which may have been given by the authorities. They B«ry°fo°"i™ere!ISr8e; , . ,*'.„ „, 1,1°./, J. 1 •!• bills of healtl), ja- may also give bills of health, if necessary, to vessels sailing voices, and otiier from the port where the consul resides to the port of the '""'°"' nation to which he belongs ; they may also certify invoices, muster- rolls, and other papers necessary for the commerce and navigation of vessels. 13th. They may appoint a chancellor or secretary whensoever the consulate has none and one is required for authenticating chanceiioror»e»- ■ documents. """^i Itth. They may appoint commercial agents to employ all the means iu,theirpower in behalf of individuals of thenation in whose commercial service the consul is, and for executing the" coihthissions "e^""" 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 the prerogatives conceded to consuls, but only those which are peculiar to commercial agents. 970 teeaties and conventions. * Article 34th. The consuls of one of the contracting republics residing in another When con»ni, of countpy may employ their good ofBces in favor of individuals ofSroSiei? of the other republic which has no consul in that country. either nation may a id citizena Article 35th. The contracting republics recognize no diplomatic character in con- Dipiomaticcharac suls, foT which rcasou they will not enjoy in either country co»Sr°'""""° the immunities granted to public agents accredited in that oon.»iar prerdw- charactcr J but in order that the said consuls may exercise ""'»• their proper functions without difficulty or delay, they shall enjoy the following prerogatives: 1st. The consular offices and dwellings shall be at all times inviolable. Office,, dvfeiiiMs, The IocrI authorities shall not, under any pretext, invade and archive.. ' ^jjem. Iq ]jo caso shall they examine or seize the archives or papers there deposited. In no case shall those offices or dwellings be ^ 1^^ used as places of asylums. "When, however, a consular offi- cer is engaged in business, the papers relating to the con- sulate shall be kept separate. ^^jrfependent of 2nd. Oousuls, lu all that exclusively concerns the exercise tSfincS!" "'^ of their functions, shall be independent of the state in whose territory they reside. 3rd. The consuls and their chancellors or secretaries shall be exempt from all public service and from contributions, personal and Sxemption from , ■■- . t»ii . i,i >i contributions and ar- extraordiuary, imposed m the country where they reside, and they shall be exempt from arrest, except in the case of offences which the local legislation qualifies as crimes and punishes as such. This exemption does not comprehend the consuls or their chan- cellors or secretaries who may be natives of the country in which they reside. 4:th. N"o consular officer who is not a citizen of the country to which he is accredited shall be compelled to appear as a witness before the courts of the country where he resides. When the testimony of such consni, as wit cousular offiocr is needed, it shall be asked in writing, or nesses. somc ouc shall to go his house to take it viva voce. If, how- ever, the testimony of a consular officer in either country should be nec- essary for the defence of a person charged with a crime and should not be volun'tarily given, compulsory process requiring the presence of such consular officer as a witness may be issued. 5th. In order that the dwellings of consuls may be easily and gener- ally known for the convenience of those who may have to resort to them, they shall be allowed to hoist on them the flag, and to place Arms and Ha,. ^^^^ thclr doops thc coats of arms of the nation in whose service the consul may be, with an inscription expressing the functions discharged by him. Article 36th. Consuls shall not give passports to any individual of their nation, or pae, ortB when S^^^S *<> thcip natiou, who may be held to answer before jot^i'b''''™ •'y any authority, court, or judge of the country for delinquen- cies committed by them, or for a demand which may have been legally acknowledged, provided that in each case proper notice thereof shall have been given to the consul. salvador, 1870. 971 Akticle 37th. The United States of America and the Pepublic of Salvador, desiring to make as durable as possible the relations which are to be established by virtue of this treaty, have declared solemnly, and do agree to the following points : 1st. This treaty is concluded for the term of ten years, dating from the exchange of the ratifications; and if one year before the ^^^^^.^^ ^^ J^^^, expiration of that period neither of the contracting parties ""'"'"" ° '""'"' shall have announced, by an ofiQcial notification, its intention to the other to arrest the operations of said treaty, it shall continue binding for twelve months longer, and so on, from year to year, until the expira- tion of the twelve months which will follow a similar declaration, what- ever the time at which it may take place. 2nd. K 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 biuw of citizei.. •.> 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 laSn'ol-'w'li, hoS ordain or authorize any acts of reprisal, nor shall declare war against the other, on complaints of injuries or damages, until the said party considering itself offended shall have laid before the other a statement of such injuries Or d.amages, verified by competent proofs, demanding justice and satisfaction, and the same shall have been de- nied, in violation of the laws and of national right. Article 38th. The treaty between the United States of America and the Eepublic of Salvador of the second day of January, one thousand eight hundred and fifty, is hereby abrogated, and the stipu- treatr""al'u°i^2! lations of the preceding treaty are substituted therefor. Aeticlb 39th. This treaty shall be submitted on both sides to the approval and rati- fication of the respective competent authorities of each of the contracting parties, and the ratifications shall be ex- changed at Washington, within the space of twelve months. In faith whereof the respective Plenipotentiaries have signed the aforegoing articles in the English and Spanisii languages, and they have hereunto afiSxed their seals. Done in duplicate, at the city of San Salvador, this sixth day of December, in the year of our Lord one thousand eight hundred and seventy. SEAL.] ■ Alfred T. A. Toebeet. SEAL.] GeEGO. AEBIZtJ. SAMOA. 1878. TREATY OF FRIENDSHIP AND COMMERCE. Concluded, January 17, 1878 ; ratifications exchanged at Washington Feb- ruary 11, 1878; proclaimed February 13, 1878. The Grovernment of the TTnited States of America and the Govern- ment of the Samoan Islands, being desirous of concluding a treaty of friendship and commerce, the President of the United States has for Neeotiator, ^^^^ purpose couferrcd full powers upon William M. Evarts, Sec^retary of State; and the Government of the Samoan Islands has conferred like powers upon MK. Le Mamea, its Envoy Ex- traordinary to the United States. And the said Plenipotentiaries hav- ing exchanged their full powers, which were found to be in due form, have agreed upon the following articles : Aeticlb I. There shall be perpetual peace and friendship between the Govern- Deciaratio-ofam- Hieut of thc Uultcd Statcs aud the Government of the Sa- ''■"■ moan Islands. Article II. Naval vessels of the United States shall have the privilege of enter- pr vile es ci iDg ^^d uslug tho port of PagopEgo, aud cstablisMng therc- nmtedsta°efve.B6is in aud ou the shores thereof a station for coal and other amoanpom. jja,val suppllcs for their naval and commercial marine, and the Samoan Government will hereafter neither exercise nor authorize any ju^sdiction within said port adverse to such rights of the United States or restrictive thereof. The same vessels shall also have the privilege of entering other ports of the Samoah Islands. The citizens of the United States shall likewise have free liberty to enter the same ports with their ships and cargoes of whatsoever kind, and to sell the same to any of the inhabitants of those islands, whether natives or foreigners, or to barter them for the products of the islands. All such trafSc in what- ever articles of trade or barter shall be free, except that the trade in fire-arms and munitions of war in the islands shall be subject to regu- lations by that Government. Aeticlb III. No import or export duty shall be charged on the cargoes of the ves- sels of the United States entering or clearing from the ports Dufea. ^^ ^j^^ Samoan Islands, and no other than a tonnage dutj of one half of one per cent, per ton actual measurement* shall be charged on the entrance of such vessels. * Mbmorandum.— The words "oBe-half of one per cent, per ton actual measure- ment " in Article III, are understood to mean at the rate of one-half cent on each ton, and they are not deemed susceptible of any other meaning. Department ov State, Washington, February 9, 1878, 97;i SAMOA, 1878. 973 Aeticle IV. . All disputes between citizens of the United States in the Samoan Isl- ands, whether relating to civil matters or to offences or . crimes, shall be h6ard and determined by the Consul of the uSTsm°3"c!S United States at Apia, Samoa, under such regulations and ""^ '"""''"'■ limitations as the United States may provide; and all disputes between citizens of the United States and the people of those Islands shall be heard by that Consul in conjunction with such officer of the Samoan Government as may be designated for that purpose. Crimes and offen- ces in cases where citizens of the United States may be convicted shall be punished according to the laws of their country; and in cases where the people of the Samoan Islands may be convicted, they shall be pun- ished pursuant to Samoan laws and by the authorities of that country. Aeticle V. If, unhappily, any differences should have arisen, or shall hereafter arise, between the Samoan Government and any other Gov- ernment in amity with the United States, the Government twecD^Tamoa aad of the latter will employ its good offices for the purpose of °"'" '°'"'"'°' adjusting those differences upon a satisfactory and solid foundation. Akticle VI. The Government of Samoa agrees to allow to the Government and citizens of the United States free and equal participation in „„,( ravorsd ua- any privileges that may have been or may hereafter be "°°- granted to the Government, citizens, or sutyects of any other nation. Akticle VII. The present treaty shall remain in force for ten years from its date. If neither party shall have given to the other six months j,,_,^,j^^ ^^^j^^^, previous notice of its intention then to terminate the same, """"'°° ° "°"'' it shall further remain in force until the end of twelve months after either party shall have given notice to the other of such intention. Aeticle VIII. The present treaty shall be ratified and the ratifications exchanged as soon as possible. In faith whereof the Plenipotentiaries have signed and sealed this treaty at Washington, the seventeenth day of January, one thousand eight hundred and seventy eight. SEAL.] William Maxwell Evaets. SEAL.] MK. Lb Mamea. SARDINIA. 1838.* TREATY OF COMMERCE AND NAVIGATION AND SEPARATE ARTICLE TO SAME. Concluded November 26, 1838; ratifications exchanged at Washington 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 purposethe ['resident of the United States has conferred full powers on Nathaniel N.got.ator8. "j^Hqs^ thcir Special Agent near His Sardinian Majesty, and His Majesty the King of Sardinia has conferred like powers on the Count Clement Solar de la Marguerite, Grand Cross of the Military and Eeligious Order of S. Maurice and S. Lazarus, of Isabella the Catho- lic 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 oommercemd » Teciprocal liberty of commerce and navigation. Thein- naviBatioD. habltauts of their respective States shall mutually have 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 arder 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 pa«JTrriv°D8'S United States arriving either laden or in ballast in the ports p<„t.ort.« «b«,. .^j ^^^ ^oifliflI6M of His Sardinian Majesty, 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 * See Notes : " Abrogated, BnspeMed, or obsolete treaties." 974 / SAEDINIA, 1838. 975 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 local authorities, or of any private estab- lishment whatsoever. Article III. All kind of merchandise and articles of commerce either the produce of the soil or the industry of the United States of America ^^ ai,„i„i„tm or of any other country, which may be lawfully imported jf"»jjj°,"^^j^j into the ports of the dominions of Sardinia in Sardinian tSiiafS™*f Si^mS 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 establishnient whatsoever, than if the same merchandise or produce had been imported in Sardinian 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 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 denomi- nation, 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 produce had been imported in vessels of United States of America. Aeticle IV. To prevent the possibility of any misunderstanding, it is hereby de- clared that the stipulations contained in the two preceding ^.^^^^.^ ,y ^,^ articles are to their full extent applicable to Sardinian ves- tionThow' «£»■ 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 respediively belong, or from the ports of any other foreign country. Abticle V. " All kind of merchandise and articles of commerce, which may lawfully be exported from the ports of the United States of America ^ . . in national vessels, mav also be exported therefrom m Bar- duties on eipone on ■t, m t .,', *^ ■ .-T f*i -ij_> account of nation- dinian vessels without paying other or higher di*ties or aiiw of veeiei. e*- 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- ^^.^^^ ^ disc and articles of commerce which may be lawfully ex- ieismayexportfr^m 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 ii^m&w.M> ^^^ 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. 976 teeaties and conventions. Article TI. Ho higher or other duties shall be imposed on the importation into No disnimmation '^e United Statos of any article the produce or manufacture o"fttoi>5°woT°m' of Sardinia, and no higher or other duties shall be imposed '°'^- on the importation into the Kingdom of Sardinia of any ar- ticle 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 manufacture 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 Sar- dinia, which shall not equally extend to all other nations. Article VII. It is expressly understood and agreed that the preceding articles do coVstin, trade ex- ^ot apply to tho coastwiso navigation of either of the two cepted. countries, which each of the two high contracting parties reserves exclusively to itself. Article VIII. Xo priority or preference shall be given directly or indirectly by either of the high contracting parties, nor by any coihpanv, cor- in purchase of im- poratiou, or agcut actio g m their behalf, or under their au- Enamrof veLei thorfty, lu the purchase of any article of commerce lawfully mpoitmg .arae. imported ou accouut 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 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 particular Most favored na- fevor in commejce or navigation, it shall immediately be- "■"^ come common to the other party, freely where it is freely granted to such other nation, or on yielding the same or an equivalent compensation, when the grant is conditional. Article X. Vessels of either-of the high contracting parties arriving on the coasts vesseu to be oa of thc othcr, but without the intention to enter a port, or [ho.fo7?he°m™ fa! haviug entered not wishing to discharge the whole or any vored nationa. pg^rt of tfacir cargocs, shall enjoy in this respect the same privileges and be treated in the same manner as the vessels of the most favored nations. Article XL When any vessel belonging to either of the contracting parties or to Shi wrecii. their citizens or subjects, shall be wrecked, foundered, or s .pwrec 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 ■vrhere suc^ shipwreck or damage happens j SARDINIA, 1838. 977 and sucli 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 those entitled to receive them, upon the payment of such costs of salvage as would have been paid by national vessels in the same circumstances. Aetiole XII. Sardinian merchant-vessels being forced from stress of weather or other unavoidable causes to enter a port of the United States veMei. forced i„to ' of 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 jwrt, such as loading and un- loading merchandise, it beeing understood, nevertheless, that the unloads ingand reloadingrenderednecessary for therepair 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. Aeticle XIII. Considering the remoteness of the respective countries of the two high contracting parties, and the uncertainty resulting Te„e,.mt«riD,. therefrom with respect to the various events which may i''<"=i'»<'=^i">«- 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 warn ed 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. Aeticle XTV. All articles of commerce the growth or manufacture of the United States of America, and the products of their fisheries, with the exception of salt, gunpowder, and tobacco manufactured me,'a ™iowed°» for use, shall be permitted to pass in transitu from the free thro'ugiSsard'ini^ port of Genoa through the territories of His Sardinian Maj esty '°""°"°'- to any point of the inland! frontier of the said territories ; and, vice versa, aU 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 3769 TE 62 978 TREATIES AND CONVENTIONS. liigh contracting parties. Bat if peculiar circumstances or considera- Notice of trnnait tious shouM render the re-establishment of transit duties duty to be given, ncccssary 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 estalilish such duty, engaiges to notify to the Government of the Dnited States such determination six months before any such transit duty shall be exacted. It is also unders[t]ood that all Articles of commerce imported directly from the direetiyfraiiruSiMd TJulted Statcs of America shall be taken and considered as 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. Aeticlb XV. The two high contracting parties reciprocally grant to each other the liberty of having each in the ports and other commercial places of the other. Consuls, Vice-Consuls, and Commercial Agents of their own appointipent, 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- of oo e tracting parties shall select for a consular agent to reside in pnr'ty"' wpoinied auy port Or commercial place of the other party a subject or consul. by the other, g^j-j^gj^ of thls last, such Oousul 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. Akticle XVII. The said Consuls, Vice-Consuls, and Commercial Agents are authorized licMion b ^^ require the assistance of the local authorities for the eon^bCtocai J- scarch, arrest, detention, and emprisonment of the deserters from the ships of war and merchant-vessels of their coun- try. For this purpose, they shall apply to the competent tribunals, judges, and offtcers, and shall in writing demand said deserters, prov- ing 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 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 SARDINIA, 1838. 979 vessel whatsoever. But if not sent back within three mpnths from the day of their arrest, they shall be set at liberty and shall not Deserters. again be arrested for the same cause. If, however, the de- serter should be found to have committed any crime or offence, his sur- render 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. Abticle' XVIII. The citizens and subjects of each of the contracting psi-rties shall have power to dispose of their personal goods within the juris- j,^^,^_^^, dietion of the other, by testament, donation, or otherwise, iw'bThs^'ll'ot , , , . J. J.- T. • -i- 1 . J. J? J.1 by will or Otherwise. and their representatives, being citizens or subjects of the other party, shall succeed to their said personal goods, whether by tes- tament 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, pay- ing 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 representatives, 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 forreceiving 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 w herein the said goods are. And where, on the death of any person holding real estate within the territories ^^^^^^^^^ ^^^, ^, of one of the contracting parties, such real estate would by tat", low dSosl'J ' 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 pay- ing to the profit of the respective Governments any other dues, taxes, or charges than those to which the inhabitants 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 the day of the exchange of the ratifications; and if, twelve i,^„t;„„„ftre»t months before the expiration of that period, neither of the ''""°°° "™^- high contracting parties shall have announced to the other by an ofBcial- 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 the United States of America, by and with the advice and natifioatio ». 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 afQxed their respective seals. Done at Genoa this 26th ]S"ovember, 1838. [seal.] I^Tathaniel Niles. [SEAL.] Solar db la MARauERiTE. 980 TEEATIES AND CONVENTIONS. SEPAEATE ARTICLE. Circumstances of a peculiar nature rendering it necessary for His Sardinian Majesty to continue for a time differential duties, to the disadvantage of foreign flags, on grain, olive-oil, and wine, imported directly from the Black Sea, the ports of the Adriatic, and of those of the Mediterranean, as far as Cape Trafalgar, nothwith- 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 con- tracting parties, that the United States shall have fuU and entire liberty to establish countervailing differential duties on the same articles im- ported 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 liave the same force and value as if it were inserted word for word in the treaty signed this Effect of this article. i -aiiit , • n t • i-w i> i/o day, and shall be ratified m the same time. , In faith whereof we, the undersigned, by virtue of our ftdl powers, have signed the present separate article, and thereto aflxed our respect- ive seals. Done at Genoa the 26th November, 1838. SEAL.] Nathaniel Niles. SEAL.] Solar de la MAKauEBiiE. SAXONY 1845. CONVENTION FOE THE MUTUAL ABOLITION OF THE DEIOT D'AUBAINE AND TAXES ON EMIGRATION. Concluded May 14, 1845 ; ratifications exchanged at Berlin 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, hajre agreed to enter into negotiations for this purpose. For theattainment of this desirable object, thePresident of the United States of America has conferred full powers on Henry Wheaton, their Envoy Extraordinary and Minister Plenipo- "eMtato™. 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 fall powers, found in due and proper form, have agreed to the following articles : Aktiolb I. Every kind of droit d'aubaine, droit de retraite, and droit de detrac- tion or tax on emigration, is hereby and shall remain abol- i,,„it d..„b.m. ished between the two contracting parties, their States, •'"■''"''i 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 laws Heir, to reai prop- of the land descend on a citizen or subject of the other, l^I ^^^rAiV^l were he not disqualified by alienage, or where such real ■'"""bowoceeds. property has been devised by last will and testament to such citizen or subject, he shall be allowed a term of two years from the death of such person — which term may be reasonably prolonged according to circum- stances — ^to sell the same 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. 981 982 TREATIES AND CONVENTIONS. Article III. The citizens or subjects of each of the contracting parties shall have Personal ro ert P^'^^^^ ^^ disposc of their pBrsonal property within the States ersonai property. ^^ ^j^^ Other, hj testamcnt, 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 intestato, 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 IV. In case of the absence of the heirs, the same care shall be taken, pro- propertyofabsent vlsionally, of such rcal or personal property as would be ''""■ taken, in a like case, of the property belonging to the na- tives 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 the different claimants to the same iPispntestobeBet- Inheritance, they shall be decided according to the laws and iiej byiocni laws, -j^j ^jjg judgcs of the country where the property is situated. Article VI. stipulation of ii,e AH the stipulatious of the present convention shall be to"roiytoTo?e'r™ obligatory in respect to property already inherited, devised, birJot'^yeJ"S or bequeathed, but not yet withdrawn from the country jrawn. whcro thc samc Is situatcd at the signaturc of thisconventiou. Article VII. This convention shall be 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 Saxony, and the ratifications shall be exchanged at Berlin within the term of eight- een months from the date of -the signature, or sooner if possible. In faith of which, the respective Plenipotentiaries have signed the above articles, both in German and English, and have thereto afSxed their seals. Done in triplicata, in the city of Berlin, on the 14th of May, in the year of our Lord one thousand eight hundred and forty-five, and the sixty-ninth of the Independence of thb United States of America? [SEAL, ^ [seal.' Henry Whbaton. MiNCKWITZ. SOHAUMBURG-LIPPE. 1854. DECLARATION ' OF ACCESSION TO THE CONVENTION TOR THE EXTRA- DITION OF CRIMINALS, FUGITIVE FROM JUSTICE, OF JUNE 16, 1852, BETWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION, 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 Wash- ington, 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 Forth America have declared that they agree that the stipulations of the aforesaid treaty shall be applicable ta any 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 Serene Highness the Eeigning Prince of Schaumburg-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.] Extradition treaty and hereby expressly gives assurance that each and every lt°Je"Ind°Ge™Jni2 article and stipulation of this treaty shall be faithfully ob- s«=»»«=-='ie'i to- served and enforced within the territory of the Principality of Schaum- burg-Lippe. In testimony whereof, the Government of the Prince, in the name of His Serene Highness the Eeigning Prince of Schaumburg-Lippe, has executed the present declaration of accession, and caused the seal of the Government to be thereunto af&xed. 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. * Translation. 983 SEEBIA. 1881. CONVENTION FOE FACILITATING AND DEVELOPING COMMERCIAIi EE- LATIONS. Concluded at Belgrade Octoher 14, 1881 ; ratifications exchanged at Bel- grade November 15, 1882 ; proclaimed December 27, 1882. The United States of America and His Highness the Prince of Serbia, animated by the desire of facilitating and developing the commercial relations established between the two countries, have determined with this object to conclude a treaty, and have named as their respective plenipotentiaries, viz : K. oftor. ^^® United States of America, Eugene Schuyler, their "°""°"' charg^ d'affaires and consul-general at Bucarest: His Highness the Prince of Serbia, Monsieur Ched. Mijatovitch, His Minis- ter of Foreign Affairs, Grand Oflcer of His Order of Takova, &c., &c., &c., 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 : Aeticlb I. There shall be reciprocally full and entire liberty of commerce and Freedom of com ii^ivigatlon bctwccn the citizens and subjects of the two high nifr™' J"d °J°^- contracting powers, who shall be at liberty to establish them- '"^ selves freely in each other's territory. Citizens of the United States in Serbia ahd Serbian subjects in the prwiieie. of citi- Uuitcd Statcs shall reciprocally, on conforming to the laws to°Jh.°'ter°r°itS''o°f of the country, be at liberty freely to enter, travel or reside the other. Jq ^uy part of the respective territories, to carry on their business, and shall enjoy in this respect for their persons and property the same protection as that enjoyed by natives or by the subjects of the most favored nation. They shaU be at liberty to exercise their industry and trade, both^by wholesale and by retail, in the whole extent of both territories, without being subjected as to their persons or property, or with regard to the ex- ercise of their trade or business, to any taxes, whether general or local, or to any imposts or conditions of any kind other or more onerous than- those which are or may be imposed upon natives or upon the subjects of the most favored nation. In like manner in all that relates to local taxes, customs, formalities, brokerage, patterns or samples introduced by commercial traveler^, and all other matters connected with trade, citizens of t he United States 9S4 SERBIA, 1881. 985 ia Serbia and Serbian subjects in the United States shall enjoy the treatment of the most favored nation, and all the rights, privileges, ex- emptions and immunities of any kind enjoyed with respect to commerce and industry by the citizens or subjects of the high contracting parties, or which are or may be hereafter conceded to the subjects of any third power, shall be extended to the citizens or subjects of the other. Article II. In all that concerns the right of acquiring, or possessing or disposing of every kind of property, real or personal, citizens of the R„i„dp.r.o»ai United States in Serbia and Serbian subjects in the United JS'iid'tow'si States, shall enjoy the rights which the respective laws grant "''■ or shall grant in each of these states to the subjects of the most favored nation. Within these limits, and under the same conditions as the subjects of the most favored nation, they shall be at liberty to acquire and dispose of such property, whether by purchase, sale, donation, exchange, mar- riage contract, testament, inheritance, or in any other manner whatever, without being subject to any taxes, imposts or charges whatever, other or higher than those which are or shall be levied on natives or on the subjects of the most favored state. They shall likewise be at; liberty to export freely the proceeds of the sale of their property, and their goods in general, without being sub- jected to pay any other or higher duties than those payable under simi- lar circumstances by natives or by the subjects of the most favored state. Aeticlb III. Merchants, manufacturers, arid trades people in general of one of the two contracting countries traveling in the other, or sending R„iprocai liberty thither their clerks and agents— whether with or without •»'«'"•«« ""'i^^'"- samples — ^in the exclusive interest of the commerce or industry that they carry on, and for the purpose of making purchases or sales or receiving commissions, shall be treated with regard to their licenses, as the mer- chants, manufacturers and trades people of the most favored nation. It is understood, however, that the preceding stipulations do not affect in any way the laws and regulations in force in each of the two countries appUcable to all foreigners as respects peddling and hawking. The citizens and subjects of the Contracting Parties shall be recipro- cally treated as the natives of the country or as the subjects of the most favored nation, when they shall go from one country to the other to visit fairs and markets for the purpose of exercising their commerce and sell- ing their products. No obstacle shall be placed in the way of the free movements of trav- elers, and the adminislirative formalities relative to traveling Tr.T,i,r. passports shall bp restricted to the strict necessities of the public service on passing the frontiers. Aetiole IV. Citizens of the United States in Serbia and Serbian subjects in the United States shall be reciprocally exempted from all per- js„„p,i„„ f„„ sonal service, whether in the army by land or by sea; S?4rta'a^;'L°j,, whether in the national guard or militia ; from billeting ; '»"'■ from all contributions, whether pecuniary or in kind, destined as a com- pensation for personal service; from all forced loans, and from all mill- 986 TREATIES AND CONVEKTIONS. tary exactions or requisitions. The liabilities, however, arising out of the possession of real property and for military loans aiid requisitions to which all the natives might be called upon to contribute as proprie- tors of real property or as farmers, shall be excepted. They shall be equally exempted from all obligatory offtcial, judicial, administrative or municipial functions whatever. They shall have reciprocally free access to the courts of justice on Access to court, couformlng to the laws of the country, both for tbe prose- ofjustice. cution and for the defense of their rights in all the degrees of jurisdiction established by the laws. They can employ in every case , advocates, lawyers and agents of all classes authorized by the law of the country, and shall enjoy in this respect, and as concerns domiciliary visits to their houses, manufactories, warehouses or shops, the same rights and advantages as are or shall be granted to the natives of the country, or to the subjects of the most favored nation. It is understood that every favor or exemption which shall be subse- quently granted in this matter to the subjects of a foreign country by one of the two contracting powers shall be immediately and by right extended -to the citizens or subjects of the other party. Aeticlb V. Neither of the contracting parties shall establish a prohibition of im- portation, exportation or transit against the other which prohibitioo of im- shall uot bc applicable at the same time to all other nations, iKSxifafflE' ^^<^*'Pt t^® special measures that the two countries reserve Sinationl" " °" to thcmsclves the, right of establishing for a sanitary pur- pose, or in event of a war. ' Aetiole VI. As to the amount, the guarantee and the collection of duties on im- ports and exports, as well as regards transit, re-exportation, warehous- ing, local dues and custom-house formalities, each of the two high con- Reciprocai risht. tractlug partlcs binds itself to give to the other the advan- fes^nmporu and t^gc of BVCTy favor, privilege or diminution in the tariffs on ' exports. ^jjg import or export of the articles mentioned or not in the present convention, that it shall have granted to a third power. Also every favor or immunity which shall be later granted to a third power shall be immediately extended and without condition, and by this very fact to the other contracting party. Aeticle VII. The products of the soil or of the industry of Serbia which shall be E uaii ora««3 imported into the United States of America, and the prod- on produa5°fe?ihe? nets of the soil or of the industry of the United States which shall be imported into Serbia, and which shall be destined for consumption in the country, for warehousing, fon re-exportation or for transit, shall be subjected to the same treatment, and shall not be liable to other or higher duties than the products of the most favored , nation. Aetiole VIII. Merchandise of every kind coming from one of the two territories or Transit daty g^iug thlthcr shall be reciprocally exempted in the other, , from every transit duty, whether it pass directly through the country, or whether during the transit it shall be unloaded, stored SERBIA, 1881. 987 and reloaded without prejudice to the special regulations which, con- ' formably to Article V., may be established concerning gunpowder and arms of war. Article IX. As concerns the customhouse laws and regulations on goods subjected to ad valorem duty, the importers and the products of one of goojs. snwect to the two countries shall be in all respects treated in the other "■ "'°""' '■'"'■ as the importers and products of the most favored country. Article X.- The provisions of the preceding articles relative to the treatment in all respects like the subjects of the most favored state shall Exceptions ». to not affect the special facilities which have been or may be "^hbormg states. hereafter conceded on the part of one of the two states to neighboring states with respect to the local traffic between the conterminous fron- tier districts. Article XI. It is agreed that, as regards freight and all other facilities, goods of the United States, conveyed over Serbian railways,- and ^^^^i „„ ,,„. Serbian goods conveyed over railways of the United States, '"^'• shall be treated in exactly the same manner as the goods of any other nation the most favored in that respect. Article XII. The high contracting parties, desiring to secure complete and efllcient protection to the manufacturing industry of their respective coMterreiti-g ot citizens and subjects, agree that any counterfeiting in one t""'»°""-i'»- of the two countries of the trade-marks affixed in the other on merchan- dise to show its origin and quality shall be strictly prohibited and re- pressed and shall give ground for an action of damages in favor of the injured parties, to be prosecuted in the courts of the country in 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 Trade-mark, other, must be registered exclusively, to wit : The marks of citizens of the United States in the Tribunal of Commerce, at Belgrade, and the marks of Serbian subjects in the Patent Office at Washington, subject to the conditions and restrictions prescribed by the laws and regulations of the country in which the trade-marks are registered. Article XIII. Ships of the United States and their cargoes shall in Serbia, and Ser- bian ships and their cargoes shall in the United States, sh,p8 and cargoes, from whatsoever place arriving, and whatever may be the "=""==■" "'■ place cf origin or destination of their cargoes, be treated in every re- spect as the ships and cargoes of the most favored state. The preceding stipulation applies to local treatment, dues and charges in the ports, basins, docks, roadsteads, harbors and rivers of the two countries, pilotage, and generally to all matters connected with navi- gation. 988 TREATIES AND CONVENTIONS. Every favor or exemption in these respects, or any other privilege in matters of navigation which either of the contracting parties shall grant to a third power shall be extended immediately and unconditionaUy to the other party. Article XIV. The present treaty shall remain in force for ten years from the day of i).^«im.ftr« *^® exchange of ratifications, and if twelve months before """"" '"**■ the expiration of that period neither of the high contracting parties shall have announced to the other its intention to terminate the said treaty, it shall remain obligatory until the expiration of one year from the day when either Of the high contraciing parties shall have denounced it. The preceding stipulations shaU come into force in the two countries one month after the exchange of ratifications. Article XV. The present treaty shall be ratified by the President of the United iuti6c.ti.M States of America, by and with the advice and consent of " ""°°'' the Senate thereof, and by His Highness the Prince of Ser- bia, and the ratifications shall be exchanged at Belgrade as soon as possible. In faith whereof the plenipotentiaries of the two high contracting parties have signed the present i treaty in duplicate in the English and Serbian languages, and thereto afilxed their respective seals. Done in duplicate at Belgrade this 2-14 day of October, 1881. [SEAL.] Eugene Schuyler. fsKAL.] Oh. Mijatotech. 1881. CONVENTION CONCERNING THE RIGHTS AND PRIVILEGES OF CONSULS. Concluded at Belgrade Optober 14, 1881 ; ratifications escoJianged at Bel- grade November 15, 1882 ; proclaimed December 27, 1882. The President of the United States of America and His Highness the Prince of Serbia, being mutually desirous of defining the rights, privi- leges and immunities of consular ofilcers in the two countries, as well as their functions and obligations, have resolved to conclude a consular convention, and have accordingly named as their plenipotentiaries : The President of the United States, Eugene Schuyler, charg6 d'affaires Ne Mirtor. ^^^ consul-gencral of the United States at Bucarest ; His ejotator.. Highness the Prince of Serbia, Monsieur Ohed. Mijatovitch, His Minister of Foreign Affairs, Grand Officer of His Order of Takova, &c., &c., &c. Who, after having communicated to each other their respective full powers, found to be in good and proper form, have agreed upon the fol- lowing articles : Article I. '■' Each of the high contracting parties agrees to receive from the other " coi..ui«offi«r.t. consuls-generalj consuls, vice-consuls and consular agents ip be r.™iv.d. all its ports, cities and places, except those where it may not be convenient to recognize such officers. This reservation, however, SERBIA, 1881. 989 shall not apply to one of the high contracting parties without also ap- plying to every other power. Article 11. The consuls-general, consuls, vice-consuls and consular agents of the two high contracting parties shall enjoy reciprocally, in the states of the other, aU the privileges, exemptions and immunities that are enjoyed by ofQcers of the same rank and quality of the most favored nation. The said officers, before being admitted to the exercise of their func- tions and the enjoyment of the immunities thereto pertaining, shall present their commissions in the forms established in their respective countries. The government of each of the two high con- tracting powers shall furnish them the necessary exequatur E^watur.. free of charge, and, on the exhibition of this instrument, they shall be permitted to enjoy the rights, privileges and immunities granted by this convention. Akticle III. Consuls-general, consuls, vice-consuls and consular agents, citizens of the State by which they are appointed, shall be exempt from preliminary arrest, except in the case of offences which re^'mTiiSs^TiJ^ the local legislation qualifies as crimes and punishes as such; '" """'"°°- they shall be exempt from military billetings, from service in the regulair army or navy, in the militia, or in the national guard ; they shall like- wise be exempt from all direct taxes, natipnal, state or municipal, im- posed upon persons either in the nature of capitation tax or in respect to their property, unless such taxes become due on account of the possession of real estate, or for interest on capital invested in the country where the said officers exercise their functions. This exemption shall not, however, apply to consuls-general, consuls, vice-consuls or consular agents en- gaged in any profession, business or trade ; but said officers shall in such case be subject to the payment of the same taxes that would bo paid by any other foreigner under the like circumstances. Aeticle IV. When a court of one of the two countries shall desire to receive the judicial declaration or deposition of a consul-general, con- Te.tiiiiowof.on. sul, vice-consul or consular agent, who is a citizen of the "^■ State which appointed him and who is engaged in no commercial business, it shall request Mm, in writing, to appear before it ; and in case of his inability to do so, it shaU request him to give his testimony in writing, or shall visit his residence or office to obtain it orally. It shall be the duty of such officer to comply with this request with as little delay as possible. In all criminal cases, contemplated by the sixth article of the Amend- ments to the Constitution of the United States, whereby witn..»«. m the right is secured to persons charged with crimes to obtain "i"'""! ■=«•«■ 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 ex- tended to the consuls of the United States in Serbia, in the like cases. Article V. Consuls-general, consulSj vice-consuls and consular agentS'imay place over the outer door of their offices the arms of their nation, with this inscription : Consulate-General, or Consulate, or Vice-Con- sulate, or Consular Agency of the United States or of Ser- *™' ""' """ Wa. 990 • TKEATIES AND CONVENTIONS. They may also raise the flag of their country on their offices, except in the capital of the country when there is a legation there. They may in like manner, raise the flag of their country over the boat employed by them in the port for the exercise of their functions. Article VI. The consular offices shall at all times be inviolable. The local author- consuiar office, u. itics shall not, uudcr any pretext, invade them. In no case > inviolable. ghall thcy examine or seize the papers there deposited. In no case shall those offices be used as places of asylum. When a con- sular officer is engaged in other business, the papers relating to the consulate shall be kept separate. Abticle VII. In the event of the death, incapacity or absence of consuls-general, De»th or absence cousuls, vicc-consuls aud consular agents, their chancellors of consni. Qj, secretaries, whose official character may have previously been made known to the Department of State at Washington or to the Ministry of Foreign Affairs in Serbia, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, pre- rogatives and immunities granted to the incumbents. A'eticle VIII. Consuls-general and consuls may, so far as the laws of their country Power of con™i» allow, wlth thc approbatlon of their respective governments, »"i'""'a°od' conslur appolut vicc-coDsuls and consular agents in the cities, ports »seM8. and places within their consular jurisdiction. These agents may be selected from among citizens of the United States or of Serbia, or those of other countries. They shall be furnished with a regular commission, and shall enjoy the privileges stipulated for consular officers in this convention, subject tp the exceptions specified in Articles 3 and 4. Article IX. Consuls-general, consuls, vice consuls and consular agents shall have the right to address the administrative and judicial author- .iiuToBovemmentS Itics, whcthor lu thc United States of the Union, the States or the municipalities, or in Serbia, of the State or the Com- mune, throughout the whole extent of their consular jurisdiction, in order to complain of any infraction of the treaties and conventions be- tween the United States and Serbia, and 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 exercise their functions. Article X. Consuls-general, consuls, vice-consuls and consular agents may take BepoBitions before ^^ thclr officcs, at their private residence, at the residence consuls. Qf ^jjg parties, or on board ship the depositions of the cap- tains 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 re- SERBIA, 1881. 991 ceive at their oflBlces, conformably to the laws and regulations of their country, all contracts between the citizens of their country and the citi- zens or other inhabitants of the country where they reside, and even all contracts between the latter, provided they relate to property situ- ated, or to business to be transacted, in the territory of the nation to which the said consular officer may belong. Such papers and ofGicial documents of every kind, whether in the orig- inal, in copies or in translation, duly authenticated and le- galized by the consuls-general, consuls, vice-consuls and custody °of°cBrtrin consular agents, and sealed with their official seal, shall be '""'°"' received as legal documents in courts of justice throughout the United States and Serbia. Aeticle XI. In the case of the death of any citizen of the United States in Serbia, or of a Serbian subject in the United States, without hav- ing anv known heirs or testamentary executors by him ap- or^Jr^natonliTu" territoryof the other. pointed, the competent local authorities shall give inform- ation of the circumstance to the consuls or consular agents of the nation to which the deceased belongs, in order that the necessary information may be immediately forwarded to the parties interested. Oonsals-general, consuls, vice-consuls and consular agents shall have the right to appear, personally or by delegate, in all proceedings on behalf of the absent or minor heirs or creditors until they are duly rep- resented. Article XII, In consideration of the present convention the United States consent to surrender the privileges and immunities hitherto enjoyed by their citizens in Serbia, in virtue of the capitulations to .rrrendK JSSu with the Ottoman Empire, granted and confirmed to the '""''°^'"' United States by their treaties of 1830 and 1862. Provided always, and it is hereby agreed, that the said capitulations shall, as regards all judicial matters, except those affecting real estate in Serbia, remain in full force as far as they concern the mutual relations between citizens of the United States and the subjects of those other powers which, having a right to the privileges and immunities accorded by the aforesaid capitulations, shall not have abandoned them. Aeticle XIII, The present convention shall remain in force for the space of ten years, counting from the day of the exchange of the ratifl- D„„tio„ of con- cations, which shall be made in conformity with the respect- '^""°"- ive constitutions of the two countries and exchanged at Katmcatioo^ Belgrade as soon as possibly. In case neither party gives notice, twelve months before the expira- tion 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 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 in duplicate, and have hereunto affixed their seals. Bone at Belgrade this 2-14 day of October, 1881. SEAL. SEAL, EtraENE SCHTJYLEE. Oh, Mijatovich, SIAM. 1833. ^ TREATY OF AMITY AND COMMEECE. Concluded March 20, 1833 j ratiflcaiions exchanged at Bangjcok April 14, 1836 ; proclaimed June 24', 1837. His Majesty the Sovereign and Magnificent King in the City of Sia- . otiatori^ Yut'hia has appointed the Chau Phaya-Phra-klang, one of NesoMtori^ the flist Mtuisters of State, to treat with Edmund Eoberts, Minister of the United States of America, who has been sent by the Government thereof, on its behalf, to form a treaty of sincere friend- ship and entire good faith between thetwo nations. For this purpose, the Siamese and the citizens of the United States of America shall, with sincerity, hold commercial intercourse in the ports of their respect- ive nations as long as heaven and earth shall endure. This treaty is concluded on Wednesday, the last of the fourth month of the year 1194, called Pi-mar6ng-chat-tava-s6k (or the year of the Dragon), corresponding to the twentieth day of March, in the year of our Lord 1833. One original is written in Siamese, the other in En- glish ; but as the Siamese are ignorant of English, and the Americans of Siamese, a Portuguese and a Chinese translation are annexed, to serve as testimony to the contents of the treaty. The writing is of the same tenor and date in all the languages aforesaid. It is signed, on the one part, with the name of the Chau P'haya-P'hra-klang, and sealed with the seal of the lotus flower, of glass ; on the other part, it is signed with the name of Edmund Eoberts, and sealed with a seal containing an eagle and stars. One copy will be kept in Siam, and another wiU be taken by Edmund Eoberts to the United States. If the Government of the United States shall ratify the said treaty and attach the seal of the Government, then Siam wiU also ratify it on its part, and attach the seal of its Government. Article I. . cedaraiion^oTamj Thcro shaU bc & porpctual j^eace between the United iL.. "'""■'"■ states of America and the Magnificent King of Siam. % Article II. The citizens of the United States shall have free liberty to enter aU c.te»M of umtej tlie ports of the Kingdom of Siam with their cargoes, of eS?r' th.'w5f S whatever kind the said cargoes may consist ; and they shall S M'd'bSy l"d" liave liberty to sell the same to any of the subjects of the* Miuoodn. King, or others who may wish to purchase the same, or to barter the same for any produce or manufacture of the Kingdom, or 992 SIAM, 18S3. 993 other articles that may be found there. No prices shall be fixed by the officers of the King on the articles to be sold by the merchants of the United States, or the merchandise they may wish to buy, 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. Whenever the said citizens of the United States shall be ready to depart, they shall be at liberty so to do, and the proper officers shall furnish them with passports : Pro- vided always, There be no legal impediment to the contrary. Nothing contained in this article shall be understood as granting permission to import and sell munitions of war to any person excepting to the King, who, if he does not require, will not be bound to purchase them ; neither is permission granted to import opium, which is contraband, or to ex- port rice, which cannot be embarked as an article of commerce. These only are prohibited. Aetiolb III.* Vessels of the United States entering any port within His Majesty's dominions, and selling or purchaising cargoes of merchandise, shall pay, in lieu of import and export duties, tonnage, license to trade, or any other charge whatever, a measurement duty only as follows : The measurement shall be made from side to side, in the middle of the vessel's length ; and, if a single-decked vessel, on such- single deck ; if otherwise, on the lower deck. On every vessel, selling merchandise, the sum of one thousand seven hundred Ticals, or Bats, shall be paid for every Siamese fathom in breadth, so measured ; the said fathom being computed to contain seventy-eight English or Amer- ican inches, corresponding to ninety-six Siamese inches ; but if the said vessel should come without merchandise, and purchase a cargo with specie only, she shall then pay the sum of fifteen hundred Ticals, or Bats, for each and every fathom before described. Furthermore, neither the aforesaid measurement, duty, nor any other charge whatever, shall be paid by any vessel of the United States that enters a Siamese port, for the purpose of refitting, or for refreshments, or to inquire the state of the market. Aetiole IV. If hereafter the duties payable by foreign vessels be di- ^^^ ^^^^^ ^^ minished in favor of any other nation, the same diminution uon" stipulation. shall be made in favor of the vessels of the United States. '" *" ° '"• Article V. If any vessel of the United States shall suffer shipwreck on any part of the Magnificent King's dominions, the persons escaping shipwrecic, from the wreck shall be taken care of and hospitably enter- ""'"° "' tained at the expense of the King, until they shall find an opportunity to be returned to their country ; and the property saved from such wreck shall be carefully preserved and restored to its owners ; and the United States will repay all expenses incurred by His Majesty on account of such wreck. Aeticle VI. If any citizen of the United States, coming to Siam for the purpose Of trade, shall contract debts to any individual of Siam, or if Df^ cbntractea any individual of Siam shall contract debts to any citizen ''^'""f- 'Measurement duty abolishp4 by Article VII of the Treaty of May 29, 1856. i 3769 TB 63 / 994 TREATIES AND CONVENTIONS. of the United States, the debtor shall be obliged to bring forward and sell all his goods to pay his debts therewith. When the product of such bona fide sale shall not suffice, he shall no longer be liable for the re- mainder, nor shall the creditor be able to retain him as a slave, imprison, flog, or otherwise punish him, to compel the payment of any balance remaining due, but shall leave him at perfect liberty. Aktiole VII. Merchants of the United States coming to trade in the Kingdom of Siam, and wishing to rent houses therein, shall rent the tjnitejItaiMtoreSt Klug's factorics, aud pay the customary rent of the country, j^. ^j^^ g^j^ merchants bring their goods on shore, the King's officers shall take account thereof, but shall not levy any duty there- upon. AeticLe vin. If any citizens of the United States, or their vessels, or other prop- tiired ^'^^y' shall be taken by pirates and brought within the by^ptaM to'brre- dominions of the Magnificent King, the persons shall be set stored to owners. LawB and ciifltomB at liberty, and the property restored to its owners. Article IX. Merchants of the United States trading in the Kingdom of''s^rro°°to°"b?°"'- of Siam shall respect and follow the laws and customs of epecttd. ^jj^ country in all points. Article X. " If hereafter any foreign nation other than the Portuguese shall request and obtain His Majesty's consent to the appointment of Consuls to reside in Siam, the United States shall be at lib- erty to appoint Consuls to reside in Siam, equally with such other for- eign nation. ' [SEAL.] Edmund Egberts. Whereas the undersigned, Edmund Eoberts, a citizen of Portsmouth, in the State of New Hampshire, in the United States of America, being duly appointed an envoy, by letters-patent, undpr the signature of the President and seal of the United States of America, bearing date at the city of Washington, the twenty-sixth day of January, A. D. 1832, for negotiating and concluding a treaty of amity and commerce between the United States of America and His Majesty the King of Siam : > Now know ye, that I, Edmund Eoberts, Envoy as aforesaid, do con- clude the foregoing treaty of amity and commerce, and every g,rticle 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. Done at the royal city of Sia-Yuthiaj (commonly called Bankok,) on the twentieth day of March, in the year of our Lord one thousand eight hundred and thirty-three, and of the Independence of the United States. of America, tljxe fifty-seventh. [SEAL.] . jjDiMnTHB Roberts. SIAM, 1856. 995 1856. TREATY OP AMITY AND COMMERCE. Concluded at Ba/ngliok, May 29, 1856; ratifications exchanged at BanglcoJc June 15, 1857; proclaimed August 16, 1858. The President of the United States of America, and tlieir Majesties Phra-Bard, Somdetch, Plira-Paramendr, Maha, Mongkut, Phra, Chom, Klau, Chau, Tu, Hua, the First King of Siam, and Phra, Bard, Som- detch, Phra, Pawarendr, Eamesr, Mahiswaresr, Phra, Pin, Klau, Chau, Yu, Hua, the second King of Siam, desiring to establisli upon firm and lasting foundations the relations of peace and friendship existing be- tween the two countries, and to secure the best interest of their respect- ive citizens and subjects by encouraging, facilitating, and regulating their industry and trade, have resolved to conclude a treaty of amity and commerce for this purpose, and have therefore, named as their Plenipotentiaries, that is to say : The President of the United States, Townsend Harris, Esq., of New York, Consul-General of the United States of America for the Empire of Japan, and their Majesties the First and Second Kings of Siam, His Eoyal Highness the Prince Krom Hluang, Wongsa, Dhiraj, Snidh, His Excellency Somdetcli, Chau, Phaya, Param, Maha, Bijai, Neate, His Excellency Chau, Phaya, Sri, Suriwongse, Samuha, Phra, Kralahom, His Excellency Chau, Phaya, Eawe, Won- gee, Maha, Kosa, Dhipade, the Phra Klang, His Excellency Chau, Phaya, Tomray, the lord mayor ; Who, after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon and concluded the following articles : Article I. There shall, henceforward, be perpetual peace and friendship between the United States and their Majesties the First and Second Declaration of Kings of Siam and their successors. """"'■ All American citizens coming to Siam shall receive from the Siamese Government full protection and assistance to enable them Mutuauid to reside in Siam in all security, and trade with every facility, free from oppression or injury on the part of the Siamese. Inasmuch as Siam has no ships trading to the ports of the United States, it is agreed that the ships of war of the United States shall render friendly aid and assistance to such Siamese vessels as they may meet on the high seas, so far as can be done without a breach of neutrality; and all American Consuls, residing at ports visited by Siamese vessels, shall also give them such friendly aid as may be permitted by the laws of the respective countries in which they reside. Article II. The interests of all American citizens coming to Siam shall be placed under the regulations and control of a Consul, who will be American cwim appointed to reside at Bangkok. He will himself conform »'B"bI'<'|'- to and will enforce the observance by American citizens of all the pro- visions of this treaty, and sucli of the I'ormey Ijreaty, negotiated by Mr. Edmund Eoberts, in 1833, as shall still remain in operation. He shall 996 TREATIES AND CONVENTIONS. also give effect to all rules and regulations as are now or may hereaftter be enacted for the government of American citizens in Siam, the con- duct of their trade, and for the prevention of violations of the laws or Siam. Any dispute arising between American citizens and Siamese Consul to tc7 of- subjects shall beheard and determined by the Consu],incon- fendsrs. junction with the proper Siamese officers ; and criminal of- fences will be punished in the case of American offenders, by the Con- sul, according to American laws, and in the case of Siamese offenders by their own laws, through the Siamese authorities. But the Consul shall not interfere in any matters referring solely to Siamese; neither will the Siamese authorities interfere in questions which only concern the citizens of the TJnited States. Akticle III. \ If Siamese in the employ of American citizens offend against the laws of their country, or if any Siamese, having so offended, or mutuaiiT surren- dcsinug to dcsert, take refuge with American citizens in Siam, they shall be searched for, and, upon proof of their guilt or desertion, shall be delivered up by the Consul to the Siamese authorities. In like manner, any American offienders, resident or trad- ing in Siam, who may desert, escape to, or hide themselves in Siamese territory, shall be apprehended and delivered over to the American Consul on his requisition. Article IV. American citizens are permitted to trade freely in all the seaports of Siam, but may reside permanently only at Bangkok, or KiBht to trade. -ir, ■ il_ T -i ■ J T. J.^-• £ j. Within the limits assigned by this treaty. American citizens coming to reside at Bangkok may rent land and buy or build houses, but cannot purchase land within a circuit of two hun- dred seng (not more than four miles English) from the city walls, until they shall have lived in Siam for ten years, or shall obtain special au- thority from the Siamese Government to enable them to do so. But with the exception pf this limitation American residents in re""'hoMo»'"'Jn°d Slam may, at any time, buy or rent houses, lands, or planta- tions situated anywhere within a distance of twenty-four hours' journey from the city of Bangkok, to be computed by the I'ate at which boats of the country can travel. In order to obtain possession of such lands or houses, it will be necessary that the American citizen shall, in the first place, make application through the Consul to the proper Siamese officer, and the Siamese officer and the Consul having satisfied themselves of the honest intentions of the applicant, will assist him in settling, upon equitable terms, the amount of the purchase money; will make out and &k the boundaries of the property, and will convey the same to the American purchaser under sealed deeds, whereupon he and his property shall be placed under the protection of the governor of the district, and that of the particular local authorities. He shall conform in ordinary matters to any just direction given him by them, and will be subject to the same taxation that is levied on Siamese subjects. But if, through negligence, the want of capital, or other cause, an American citizen should fail to commence the cultivation or improvements of the lands so acquired within a term of three years from the date of receiving possession thereof, the Siamese Government shall have the power of SIAM, 1856. 997 resaming the property upon retarning to the American citizen the pur- chase money paid by him for the same. Aetiole V. All American citizens visiting jor residing in Siam shall be allowed the free exercise of their religion, and liberty to build places ^^. .^^^ ^^^^^^^ of worship in such localities as shall be consented to by the '^""°°' Siamese authorities. The Siamese Government will place no restriction upon the employment by the Americans of Siamese subjects • 1 • j_-» * , -r\ I 1 Siameae aerTant?. as servants, or m any other capacity. But wherever a Siamese subject belongs or owes service to some particular master, the servant who engages himself to an American citizen without the consent of his master may be reclaimed by him, and the Siamese Government will not enforce an agreement between an American citizen and any Siamese in his employ, unless made with the knowledge and consent of the master who has a right to dispose of the services of the person engaged. Akticle VI. American ships of war may enter the river and anchor at Paknam ; but they shall not proceed above Paknam unless with the American .i.ip« ot consent of the Siamese authorities, which shall be given '"• where it is necessary that a ship shall go into dock for repairs. Any American ship of war conveying to Siam a public functionary, accredited by the American Government to the Court of Bangkok, shall be allowed to come up to Bangkok, but shall not pass the forts caljed Phrachamit and Pit-pach-nuck, unless expressly permitted to do so by the Siamese Government. But, in the absence of an American ship of sium=.eto.id war, the Siamese authorities engage to furnish the Consul A"""'"""™"'- with a force suflflcient to enable him to give effect to his authority over American citizens, and to enforce discipline among American shipping. Article VII. The measurement duty hitherto paid by American vessels trading to Bangkok, under the treaty of 1833, shall be abolished from the date of this treaty coming into operation, and American shipping or trade will thenceforth only be subject to the payment of import and export duties on the goods landed or shipped. , On the articles of import the duty shall be three per cent., payable, at the option of the importer, either in kind or money, cal- !„,„„« ana ewort culated upon the market value of the goods. Drawback of ^""'°'- the full amount of duty shall be allowed upon goods found unsala- ble and re-exported. Should the American merchant and the custom- house officers disagree as to the value to be set upon im- y,,,,, „f i„p„i, ported articles, such disputes shall be referred to the Consul =°'"°''- and a proper Siamese officer, who shall each have the power to call in an equal number of merchants as assessors, not exceeding two on either side, to assist them in coming to an equitable decision. ' Opium may be imported free of duty, but can only be sold to the opium farmer or his agents. In the event of no arrangement being effected with them for the sale of the opium, it shall be re- °'"'"°' exported, and no impost or duty [shall be] levied thereon. Any infringe- ment of this regulation shall subject the opium to seizure and confisca- tion. 998 TREATIES AND CONVENTIONS. Articles of export, from the time of production to the date of shipment, j.^ ^^^ shall pay one impost only, whether this be levied under the name of inland tax, transit duty, or duty on exportation. The tax or duty to be paid on each article of Siamese produce previous to or upon exportation is specified in the tariff attached to this treaty ; and it is distinctly agreed that goods or produce that pay any descrip- tion of tax in the interior shall be exempted from any further payment Right tw'isposedor. 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 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. 3769 TE 64 1010 TREATIES AND CONVENTIONS. » ; f 1 >i .< Akticle XII. The merchant-ships of either of the parties whicfi shall be making vea.ei. eu.perted iDto a poit bcloDging to the enemy of the other party, and 5S "nd'^^ce'S concerning whose voyage, and the species of goods on board catea. jjgj.^ thcrc 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 showing that her goods are not of the number of those which have been prohibited as contraband. Akticle XIII, For the bet[t]er promoting of commerce on both sides, it is agreed. In case of war ttaf' if * '"^^r shall break out between the said two nations, Ss to°erao°e Sr ouc ycar after the proclamation of war shall be allowed to «ood.. ^]jg merchants in the cities and towns where they shall live, for collecting and transporting their goods alhd 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 satisfac- tion shall be made for the same by the Government. Aeticlb XTV. So subject of His Catholic Majesty shall apply for, or take any com- privateersnotper- mlssion Or Icttcrs of marquBj for arming any ship or ships mined. ^Q act as privateers against 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. Not 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 ^hall be punished as a pirate. Aeticlb XV.* It shall be lawful for all and singular the subjects of His Catholic Majesty, and the citizens, people, and inhabitants of the Liberty of tradB ^^j^ Uuitc'd Statcs, 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 these who now are, or hereafter shall be, at enmity with His Catholic Majesty or the United States. It shall be likewise lawful for the sub- jects and inhabitants aforesaid, to sail with the ships and merchandizes aforementioned, and to trade with the same liberty and securityrfrom the places, ports, and havens of those who are eneniies of both or either party, without any opposition or distufbance j^jv^hatsoever, not only directly from the places of the enemy^forementioned, to neutral places, but also from one place belonging to an enemy, to another place be- longing to an enemy, whether they be under the jurisdiction of the Free .hip» make Same Prlncc or under several ; and it is hereby stipulated free goods. j-jjg^^ f j,gg gijipg ghall also glvc freedom to goods, and that everything shall be deemed free and exempt wliifi^jghall beifound ou * This article is amended by the XII article of the Treaty of February 22, 1819. SPAIN, 1795. 1011 board the ships belonging to the subjects of either of the contracting parties, although the whole lading, or any part thereof, should appar- tain 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 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. Akticle XVI. This liberty of navigation and commerce shall extend to all kinds of merchandizes, excepting those only which are distinguished ^^^^^^ by the name of contraband ; and under this name of contra- band or prohibited goods, sh all 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- diers, musket-rests, belts, horses with their furniture, and all other war- hke instruments whatever. These merchandizes which follows 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 ap[p]arel, together with all species whereof they are used to be made; gold and silver, as well coined as uncoined, tin, iron, latton, copper, brass, coals, as also wheat, barley, oats, 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 sustenance of life. Furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sailcloths, anchors, and any parts of anchors ; also ships' masts, planks, wood of all kind, and all other things proper either for building or repairing ships, and all other goods whatever which have not be^en worked into the form of any instrument 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 whol[l]y 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 parties, even to places belonging to an enemy, such towns or places being only excepted as are at that time besieged, blocked up, or invested. And except the cases in which any ship of war or squad- ron shall, in consequence of storms or other accidents at sea, be under the necessity of taking the cargo of any trading vessel or vessels, in which case they may stop the said vessel or vessels, and furnish them- selves with necessaries, giving a receipt, in order that the Power to whom the said ship of war belongs may pay for the articles so taken according to the price there'6f, at the^^port to which they may appear to have been destined by the ship's papers : and the two contracting par- ties engage, that the vessels shall not be detained longer than may be absolutely necessary for their said ships to supply themselves with necessaries; that they will immediately pay the value of the receipts, and itjdemnify the proprietor for all losses which he may have sustained in conseqdfence of sueht 'transaction. 1012 TREATIES AND CONVENTIONS. ABTICLE XVII. To the end that all manner of dissentions and qiiar[r]els may be pasBporisandsei- avoided aud prevented on one side and the other, it is letters. agreed, that in case either of the parties hereto should be engaged in a war, the ships and vessels belonging to the subjects or peo- ple of the other party 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 truly belongs to the subjects of one of the parties, which passport 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, that so it may be known whether any forbidden or contra- band goods be on board the same; which certificates shall be made out by the oflcers of the, place whence the ship sailed in the accustomed form. And if any one shall think it fit or advisable to express in the said certificates the person to whom the goods on board belong, he may freely do so: Without which requisites they may b§ sent to one of the ports of the other contracting party, and adjudged by the competent tribunal, according to what is above set forth, that all the circumstances of this omission having been well examined, they shall be adjudged to * The form of passport referred to in this article is not annexed either to the original treaty signed by the negotiators, or to the copy bearing the ratification of the King of Spain, on file in the Department of State, ^ee The Amiable Isabella, (6 Wheaton's Eep., 1.) It is remarkable, however, that to the Spanish Tcrsion of the treaty, in vol. 2, page 429, of "Coleccion de los Tratados de Paz," &c., published at Madrid in 1800, " de orden del Key, en la imprenta real," there are annexed two forms in Spanish for passports ; one for ships navigating European seas, the other for those navigating the American s^as. These forms ■will be found in Cth Wheaton's Rep., 97 et seq. No explanation orthese facts has ever been discovered. , iPrivate.] GEOEGBTOwir (Col.) 3 Now. 1814. SiK : 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 ChevaUer (now JVIarquis) 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 kno wlr 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 perpetiiam rei memoriam, but as it passsed about 18 years ago I cannot refer to It from memory. Among the printed State-Papers I collected and hadboupd together, when employed in the Department gf State, was a quarto volume, coimprehending an official copy of the treaty as prpmulged by the Spanish Sovereign. If the volume remains in the office, it may be consulted with advantage, as it embraces a variety of passports pre- scribed 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 WAGNER. Jambs Monkob, Esqr., fo., ^-c, ^o. SPAIN, 1795. 1013 be legal prizes, unless they shall give legal satisfaction of their property by testimony entirely equivalent. Aeticle XVIII. , If the ships of the said subjects, people, or inhabitants, of either of the parties shall be met with, either sailing along the coasts [or] on the high seas, by any ship of war of the other, or by '^'e""''™'-'^"' any privateer, the said ship of war or privateer, for the avoiding of any disorder, shall remain out of cannon-shot, and may send 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 com- mander of such jship or vessel shall exhibit his passports, concerning the property of the ship, made out according to the form inserted in this present treaty; and the ship, when she shall have shewed such passports, shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or give her chace in any manner, or force her to quit her intended course. Aeticle XIX. Consuls shall be reciprocally established, with the privileges and powers which those of the most favoured nations enjoy, in the ports where their Consuls reside or are permitted to be. Aeticle XX. It is also agreed that the inhabitants of the territories of each party shall respectively have free access to the courts of justice of > the other, and they shall be permitted to prosecute suits "=»""» °fj°«"» for the recovery of their properties^ the payment of their debts, and for obtaining satisfaction for the damages which they may have sustained, whether the persons whom they may sue be subjects or citizens of the country in which they may be found, or any other persons whatsoever, who may have taken refuge therein ; and the proceedings and sentences of the said courts shall be the same as if the contending parties had been subjects or citizens of the said country. Aeticle XXI.* In order to terminate all differences on account of the losses sus- tained by the citizens of the United States in consequence ciaim f,om„s of their vessels and cargoes having been taken by the sub- S,°of"y|'Lif by jects of His Catholic Majjesty, -during the late war between spaniahauwscts. Spain and France, it is agreed that all such cases shall be referred to the final decision of Commissioners, to be appointed in the following manner. His Catholic Majesty shall name one Commissioner, and the President, of the United States, by and with the advice and consent of their Senate, shall appoint another, and the said two Commissioners shall agree on the choice of a third, or if they cannot agree so, 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 person whose name shall be so drawn shall be the commu.ioner» to third Commissioner ; and the three Commissioners so ap- ■»««"'" ii'i= ""« pointed shall'be sworn impartially to examine and decide the claims in •This article is annulled by Article XII of the Treaty of February 22, 1819. 1014 TREATIES AND CONVENTIONS. question, according to the merits of the several cases, and to justice, equity, and the laws of nations. The said Commissioners shall meet and sit at Philadelphia; and in the case of the death, sickness, or neces- sary absence of any such Commissioner, his place shall be supplied in the same manner as he was first appointed, and the new Commis- sioner shall take the same oaths, and do the same duties. They shall receive all complaints and applications authorized by this article, during eighteen months from the day on which they shall assemble. They shall have power to examine all such persons as come before them on oath or afiSrmation, touching the complaints in question, and also to receive in evidence all written testimony, authenticated in such manner Awardatobesnai ^'S thcy shall tWuk propcr to rcQuirc or admit. The award *""' "°''°°''*'- of the said Commissioners, or any two of them, shall be final and conclusive, both as to the justice of the claim and the amount of the sum to be paid to the claimants; and His Catholic Majesty under- takes to cause the same to be paid in specie, without deduction, at siich times and places, and under such conditions as shall be awarded by the said Commissioners. Article XXIL* The two high contracting parties, hopping that the good correspond- ence and friendship which happily reigns between them will be further increased by this treaty, and that it will contribute to augment their prosperity and opulence, will in future give to their mutual commerce all the extension and favor which the advantage of both countries may require. And in consequence of the stipulations contained in the IV article, Spain permit, citi- Hls CathoUc Majcsty will permit the citizens of the United wTiSftlood" « States, for the space of three years from this time, to deposit New oriem.. thclr mcrchandizc and effects in the port of New-Orleans, and to export them from thence without paying any other duty thau a fair price for the hire of the stores ; and His Majesty promises either to continue this permission, if he finds during that time that it is not prejudicial to the interests of Spain, or if he should not agree to continue it there, he will assign to them on another part of the banks of the Mississippi an equivalent establishment. Aetiole XXIII. The present trea«ty shall not be in force untill ratified by the con- tracting parties, and the ratifications shall be exchanged in SIX months from this time, or sooner if possible. In witness whereof we, the underwritten Plenipotentiaries of His Catholic Majesty and of the United States of America, have signed this present treaty of friendship, limits, and navigation, and have thereunto afflxed our seals respectively. Done at San Lorenzo el Eeal, this seven and twenty day of October, one thousand seven hundred and nine^y-fiVe. ' [SEAL.] ' Thomas Eincknet. [seal.] El Pkinoipe de la Paz. * The second paragraph of this article is annnlled ^by the XII article of the Treaty of February 22, 1819. ,-, . ,, ^., SPAIN, 1802. 1015 1802.* COnVeU'tion for Me indemnification of those who have SUS- , TAINED losses, DAMAGES, OE INJURIES IN CONSEQUENCES OP THE EXCESSES OF INDIVIDUALS OP EITHER NATION DURING THE LATE WAR, CONTRARY TO THE EXISTING TREATY OR THE LAWS OF NA- TIONS. Concluded August 11, 1802 ; ratifications exchanged at Washington De- cember 21, 1818; proclaimed December 22, 1818. His Catholic Majesty and the iGovernment of the Uuited States of America, wishing amicably to adjust the claims which have arisen from the excesses committed during the late war, by individuals of either nation, contrary to the laws of nations or the treaty existing between the two countries. His Catholic Majesty has given, for this purpose, fall powers to His Excellency D° Pedro Cevallos, Couucellor of State, Gentleman of the Bed-Chambier in employment, first Nsgotiswrs. Secretary of State and Universal Despatch, and Superintendent Gen- eral of the Posts and PostOffices in Spain and the Indies ; and the Government of the United States of America to Charles Pinckney, a citizen of the said States, and their Minister Plenipotentiary near His Catholic Majesty ; who have agreed as follows : 1st. A Board of Commissioners shall be formed, composed of five Com- missioners, two of whom shall be appointed by His Catholic ri,e commission- Majesty, two others by the Government of the United States, "" '° ''= '■"■"'"^'i- and the fifth by common consent ; and in case they should not be able to agree on a person for the fifth Commissioner, each party shall name one, and leave the decision to lot; and hereafter, in case of the death, sictness, or necessary absence of any of those alreadf^ appointed, they shall proceed in the same manner to the appointment of persons to re- place them. 2d. The appointment of the Commissioners being thus made, each one of them shall take an oath to examine, discuss, and decide commiBsioii8rs,to on the claims, which they are to judge, according to the "^e an oath. laws of nations and the existing treaty, and with the impartiality justice may dictate. , 3rd. The Commissioners shall meet and hold their sessions in Madrid, where, within the term of eighteen months (to be reckoned commissioner, to from the day on which they may assemble) they shall receive "^^ " '""'"'^ all claims which, in consequence of this convention, may be made, as well by the subjects of His Catholic Majesty as by citizens of the United States of America, who may have a right to demand compensa- tion for the losses, damages, or injuries sustained by them, in conse- quence of the excesses committed by Spanish subjects or American citizens. 4th. The Commissioners are authorized, by the said contracting par- ties, to hear and examine, on^path, every question relative £,<,m„.i,sioner8ma to the said demands, and ^o receive as' worthy of credit all exlmZe"°lS'f«'«i°»-, 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 jurisdiction of Spain. '"'"°"' 3. To all claims of indemnities on account of the suspension of the right of deposit at Ifew 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. 6. 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 (jpnvention 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 upon the Govecnment of the United States arizing from unlawful seizures at sea, or within the ports and territorial jurisdiction of the United States. Finally, to aU 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, before 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. 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 in the Floridas. The United States will cause satisfaction to be made for the injuries, if any, which, by process of law, shall be established to satisfaction by have been suffered by the Spanish officers, and individual Spanish inhabitants, by the late operations of the American Army in Florida. «f ' r > Article X. The convention entered into between the two Governments, on the 11th of Augusty 1802, the ratifications of which were ex- conv»tionofAur changed'the 21strDeeem4)er, ISiS, i($)iajQaalled. "- ""'■ """"""^ United States for in< juries lo inhabitaots of Florida. 1020 TREATIES AND CONVENTIONS. Aeticlb XI. The United States, exonerating Spain from all demands in future, on United state, to accouut of the claiffls of their citizens to which the renunci- ftS'/cMzeSiS'thi ationshereincontainedextend, and consideringthem entirely amo«ntor$5,ooo,ooo. Cancelled, undertake to make satisfaction, for the same, to an amount riot exceeding five millions of dollars. To ascertain the full Three oommis«io.i- amouut aud Validity of those claims, a commission, to Gon- dii JTiT^v"i sist of three Commissioners, citizens of the United States, cinimB. 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, oi 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 G-overnment shall furnish all such documents and elucidations as may be in their possession, for the adjustment of the safd 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 Pwment of ti, e Said Commissioncrs, or the major part of them, to an amount cinims. jjQj; 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 interest of six per cent, per annum, payable from the proceeds of sables 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 of pro- wlth thc vouchcrs and documents produced before them, ceedi»gi relative to the claims to be adjusted and decided upon by them, shall, after the close of their transactions, be deposited in the Copies to the Span- Department of State of the United States ; and copies of 6h GoTornment. thcm, Or auy part of them, shall be furnished to the Spanish Government, if required, at the demand of the Spanish Minister in the United States. Article XII. The treaty of limits and navigation, of 1795, remains confirmed in Treaty on795 eon ^^^ aud cach ouc of Its articles excepting the 2,3,4,21, tuSF'"'"' ""'"^ ^^^ ^^® second clause of the 22 article, which, having been altered by this treaty, or having received their entire exe- cution, are no longer valid. , With respec|;^tq-.the 15th article of the same treaty of friendship. .^i^^__ ^ ___^^^^^j limits,,. and ;n,avigation, of 1795, in which it is stipulated flas ia,to.?ov«t"4ne- that the flag shall cover the property, the two high contract- """ """""■ ing parties agree that this shall be so understood with respect to those Powers who recognize this principle ; but if either of SPAIN, 1819. 1021 the two contractiug 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 Government acknowledge this principle, and not of others. Article XIII. Both contracting parties, wishing to favour their mutual commerce, by affording in their ports every necessary assistance to their respective merchant- vessels, have agreed that the sailors who shall desert from their vessels in the ports of the other, shall be arrested and delivered up, at the instance of the Consul, who shall prove, nevertheless, that the deserters belonged to the vessels that claimed them, exhibiting the document that is customary in their nation : that is to say, the American Consul in a Spanish port shall exhibit the 1 document -known by the name of articles, and the Spanish Consul in American ports the roll of the vessel ; and if the name of the deserter or deserters who are claimed shall appear in the one or the other, they shall be arrested, held in custody, and delivered to the vessel to which they shall belong. AEa?IOLE XIV. The United States hereby certify that they have not xeceived any compensation from France for the iniuries they suffered TTnitGd St&.tGS c^r- from her privateers, Consuls, and tribunals, on the coasts "%jj",°„' J^'^jj" and in the ports of Spain, for the satisfaction of which pro- tfo'n 'mm f "Sor vision is made by this treaty; and they will present an authentic statement of the prizes made, and of their true value, that Spain may avail herself of the same in such manner as she may deem just and proper. Article XV. The United States, to give to His Catholic Majesty a proof of their desire to cement the relations of amity subsisting between sp«mshve,seis thfe two nations, and to favour the commerce of the subjects i'^d'ctToBs °?S of His Catholic Majesty, agree that Spanish versels, coming c^Mttds^KTSete laden only with productions of Spanish growth or manu- ."[faSrst" aX'. factures, directly from the ports of Spain, or of her colonies, ""° shall be admitted, for the term of twelve years, to the ports of Pensb- colaand St. Augustine, in theFloridas, without paying other or higher duties on their qargoes, or of tonnage, than will be paid by the vessels of the United States. During the said term no other nation shall enjoy the same privileges within the ceded territories. The twelve years shall commence three months after the exchange of the ratifications of this treaty. Article XVI. The present treaty shall be ratified in due foBUi, by the contracting parties, and the ratifications shall be exchanged in six months ^ .^ . n ... .. .„ ., , . , ' Ratifications. jtrom this time, or sooner if possible. In witness whereof we, the' underwritten Plenipotentiaries of the United States of America and of His CaJJiolic Majesty, have signed, by virtue of our powers, the present treaty of amity, settlement, and limits, and have thereunto affixed our seals, respectively. Done at Washington this twenty-second day of February, one thou- sand eight hundred and ninetegm'. SEAL. SEAL. John Quinoy Adams. Ltjis de Onis. 1022 TREATIES AND CONVENTIONS. Batifioation * hy His Catholic Majesty, on the twenty-fourth day of October, in the year of our Lord one thousamd eight hundred and twenty. Ferdinand the Seventh, by the Grace of God and by the constitution of the Spanish monarchy, King of the Spains. Whereas on the twenty-second day of February, of the year one Katificationbyfte thousaud eight huudrcd and nineteen last past, a treaty was 5Sly°'^of'p'eb[ 22! concluded and signed in the city of Washington, between leia. j)on Luis de Onis, my Envoy Extraordinary and Minister Plenipotentiary, and John Quincy Adams, Esquire, Secretary of State of the United States of America, competently authorized by both parties, consisting of sixteen articles, which had for their object the arrangement of differences and of limits between both Governments and their respect- ive territories, which are of the following form and literal tenor: [Here follows the above treaty, word for word.] Therefore, having seen and examined the sixteen articles aforesaid, and having first obtained the consent and authority of the General Cor- tes of the nation with respect to the cession mentioned and stipulated in the 2d and 3d articles, I approve and ratify all and every one of the articles referred to, and the clauses which are contained in them ; and, in virtue of these presents, I approve and ratify them ; promising, on the faith and word of a Kiing, to execute and observe them, and to cause them to be executed and observed entirely as if I myself had signed them ; and that the circumstance of having exceeded the term of six months, fixed for the exchange of the ratifications in the 16th article, may afford ho obstacle in any manner, it is my deliberate will that the present ratification be as valid and firm, and produce the same effects, as if it had been done within the determined period. Desirous at the same time of avoiding any doubt or ambiguity concerning the meaning of the 8th article of the said treaty, in respect to the date which is pointed out in it as the period for- the confirmation of the grants of landfe in the Floridas, made by me, or by the competent authorities in my royal name, which date was fixed in the positive understanding of the three grants of land made in favor of the Duke of Alagon, the Count of Punonrostro, and Don Pedro de Vargas, being annulled by its tenor, I think proper to declare that the said three grants have remained and do remain entirely annulled and invalid; and that neither the three individuals mentioned, nor those who may have title or interest through them, can avail themselves of the said grants at any time, or in any manner ; under which explicit declaration the said 8th article is to be understood as ratified. In the faith of all which I have commanded the issuance of these presents. Signed by my hand, sealed with my secret seal, and countersigned by the underwritten my Secretary of the De- partment of State. Given at Madrid, the twenty-fourth of October, one thousand ei'ght hundred and twenty. Feenando. EVAEISTO PEEEZ de CASTEO. [Copies of the grants annulled by the foregoing treaty will be found in 8 Statutes at Large, page 267, et seq.] *Trapslati9p. huu>.th SPAIN, 1834. ' 1023 1834. . . CONVENTION FOE THE SETTLEMENT OF CLAIMS. Concluded February 17, 1834 ; ratifications exchanged at Madrid August 14, 1834; proclaimed ^^oveniber 1, 1834. The Government of the United States of America and Her Majesty the Queen Kegent, Governess of Spain during the minority of her august daughter, Her Catholick Majesty Donna Ysabel the 2d, from a de- sire of adjusting by a definitive arrangement the claims preferred by each party against the other, and thus removing all grounds of disagreement, as also of strengthening the ties of friendship and good understanding which happily subsist betwieen the two nations, have appointed for this purpose, as their respective Plenipotentiaries, namely : The President of the United States, Cornelius P. Van Ness, a citizen of the said States, and their Envoy Extraordinary and ^^ ^^.^^^^ i^Iinister Plenipotentiary near Her Catholick Majesty Donna ««>"■»<»'»■ Tsabel the 2d ; and Her Majesty the Queen Eegent, in the name and behalf of Her Catholick Majesty Donna Ysabel the 2d, His Excellency Don Jos6 de Heredia, Knight Grand Cross of the Eoyal American Order of Tsabel the Catholick, one of Her Majesty's Supreme Council of Finance, ex-Envoy Extraordinary and Minister Plenipotentiary, and IPresident of the Eoyal Junta of Appeals of Credits against France ; Who, after having exchanged their respective full powers, have agreed upon the following articles: Aetiolb I. Her Majesty the Queen Eegent and Governess, in the name and in be- half of Her Catholick Majesty DonnaTsabel the2d, engages to pay to the United States, as the balance on account of the j = SnTfy v^m claims afotesaid^the sum of twelve millions of rials vellon, in one or several inscriptions, as preferred by the Government of the Fnited States, of perpetual rents, on the great book of the consolidated debt of Spain, bearing an interest of five per cent, per annum. Said inscription or inscriptions shall be issued in conformity with the model or form annexed to this convention, and shall be delivered in Madrid to such person or persons as may be authorized by the Government of the TJnited States to receive them, within four months after the exchange of the ratifications. And said inscriptions, or the proceeds thereof, shall be distributed by the Government of the United States among the claimants entitled thereto, in such manner as it may deem just and equitable. Article II. The interest of the aforesaid inscription or inscriptions shall be paid in Paris every six months, and the first half yearly payment i„,e,eBttobep,ud is to be made six months after the exchange of the ratifica- i"J--"»>>air.jeariy. tions of this convention. Article III. The high contracting parties, in virtue of the stipulation contained in article first, reciprocally renounce, release, and cancel all certain ckim. re- claims 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 Mgning this convention. 1024 TREATIES AND CONVENTIONS. AKTICLE IV. On the request of the Minister Plenipotentiary of Her Oatholick Maj- ustofcia,™. ^^*y ^* Washington, the Government of the United States ,e o ca™.. ^jjj 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. Aeticlb V. This convention shall be ratified, and the ratifications shall be ex- • , . changed, in Madrid, in six months from this time, or sooner Ratifications. . „ *^ ., , ' / if possible. ' In witness whereof, the respective Plenipotentiaries have signed these articles, and afflxed thereto their seals. ' Done in triplicate at Madrid, this seventeenth day of February, one thousand eight hundred and thirty- four. SEAL- SEAL. G. P. Van Ness. Jose DE Hbeedia. The following is the form, or model, of the inscription : No. Cupon de pesos fuertes de rent a pagadero en de de 183 Cupon No. 1°. Eenta perpetua de Espaila, pagadera eu Paris S, razon de 5 p. 0-0 al aSo, inscrita en el gran libro de la Denda consolidada. Esta Xnscripciou so expide ^ couseouenoia de nn con- veniocelebrado en Madrid eu do do entre S. M. Catolica la Eeyna de EspaHa y Iob Estados' Unidos de America, para el page de las reclamaoioues de los ciudadanos de diclios Estados. Insceipcion No. Capital. Pesos fuertes 6 seau francos Sentd. Pesos fuertes 6 scan francos El portador de la presente tiene derecho & una renta anualde pesos fuertes, 6 sea de francos, pagaderos en Paris por seniestres, en los dias de y de por los banqneros de Espafia en aquella capital, ^ razon de 5 francos y 40 centimes por peso fuerte, con arreglo al El. deoreto de 15 de Diciembre de 1825. Consiguiente al mismo real deoreto se destina cada alia ^ la amortizacion de esta renta uno por cionto de su valor nominal, ^ iuteres compuesto, ouyo importe sera empleadp en su amortizacion periodica al curso corriente por dichos banqueros. — Madrid, do de £1 Secrdario de Estado y del Deapadho de Hacienda. El Director de la M. 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 tliis model, and have afflxed thereunto our seals. Done at Madrid, this day of [seal.] [seal.] JosiS 0. p. DE HEEEDIA, Van Ness. ' " SPAIN,' 1871. 1025 1871. AGBJEEMENT FOE SETTLEMENT OF CERTAIN CLAIMS OF CITIZENS OF THE UNITED STATES ON ACCOUNT OF WRONGS AND INJUEIES COM- MITTED BY AUTHORITIES OF SPAIN IN THE ISLAND OF CUBA. Concluded at Madrid February 11-12, 1871. Legation of the TJnitbd States, Mad/rid, February Uth, 1871. SiK: I have the honor to receive the note of to-day's date addressed 'to me by your excellency, proposing certain modifications of the plan of arrangement submitted to you on the 7th instant, for the adjustment of the reclamations made by my Government against that of Spain. I take much pleasure in stating that the changes suggested in the mem- orandum inclosed in your note have my entire concurrence, and have been duly embodied in the following record of the basis upon which we have agreed. 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 injuries committed against their persons and property, or against the persons and property of citizens of whom the said heirs are thie legal representatives, by the authorities of Spain in theislaM 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 appointed by the Secretary of State of the United ^^ .^ States, another by the Envoy Extraordinary and Minister ™«=£^»>° "^iS- Plenipotentiary of Spain at Washington, and these two to &'°en.ont''»°um. name an umpire who shall decide all questions upon which "'"'■ they shall be unable to agree; and in case the place of either arbitra- tor or of the umpire shall from any cause become vacant, such vacancy shall be filled forthwith in the manner herein provided for the original appointment. 2. The arbitrators and umpire so named shall meet at Washington within one month from the date of their appointment and qremhni^ of shall, before proceeding to business, make and subscribe a cWMcommiKiion. 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 declara- tion shall be entered upon the record of their proceedings. 3. Bach Government may name an advocate to appear before the arbitrators or the umpire, to represent the interests of the Each myemment ,. J- 1 may Lame an advo- parties respectively. «ate 4. The arbitrators shall have full power, subject to these stipulations, and it shall be their duty before proceeding -With the hearing and decis- ion of any case, to make and publish convenient rules prescribing the lime 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; claims to bo pro- that all claims and the testimony in favor of them shall Sme„t"'o?S un': be presented only through the Government of the United ^'^^"■'^'■ States; that the award made in each case shall be in writing an(^, if in- 3769 TE «K 1026 TREATIES AND CONVENTIONS. (lemnity be given, the sum to be paid shall be expressed in the gold coin of the United States. 5. The arbitrators shall have jurisdiction of all cl&ims presented to Extent oijurisdk- 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 October, 1868. Adjudications of the tribunals in Cuba, concerning citizens 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 re- viewed by the arbitrators, who shall make such award in any such, case as they shall deem just, lifo judgment of a Spanish tribunal, dis- allowing the affirmation of a party that he is a citizen of the United States shall prevent the arbitrators from hearing a reclamation pre- sented in behalf of said party by the United States Government. Never- theless, 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 commis- sion having recognized the quality of American citizens in the claim- ants, they will acquire the rights accorded to them by the present stip- ulations as such citizens. And it is further agreed that the arbitrators shall not have jurisdiction 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 adjudicated by a com- petent tribunal in Cuba and the claimant, having appeared therein, either in person or by his duly appointed attorney and being required by the laws of Spain 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 EipenBes. arbltrators and umpire shall not exceed three thousand dol- lars each; the same allowance shall be made to each of the two advocates representing respectively the two Governments; and the arbi- trators 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 conclus- EiTect of awards. .^^^ ^^^ ^^^j ^.^^ ^^^ eflfect to thc samc in good faith and as soon as possible. I avail myself of this opportunity to renew to your excellency the assurances of my most distinguished consideration. , D. E. Sickles. His Excellency the Ministee of State. [Translation.] MiNisTEY OP State, Madrid, February 12, 1871. SiK : I have had the honor to receive the note you were pleased to ad- dress me under date of yesterday, communicating to me the definitive record of the memorandum in reference to tb§ manner of arranging the SPAIN, 1877. 1027 settlement of the reclamations of citizens of the CTnited States consequent upon the insurrection in the island of Cuba, and as, in drawing up this documenti yon have kindly incorporated the slight modifications I pro- posed to you, for greater clearness and precision, in my note of yester- day in answer to yours of the 7th, I take pleasure in informing you that I entirely -concur in the contents of the said memorandum. I improve this occasion to renew to you the assurances of my most distinguished consideration. Oeistino Maetos. . The Minister Plenipotentiaky of the United States op America. 1877.* convention foe the extradition of criminals fugitive from justice. Concluded January 5, 1877 ; ratifications exchanged at Washington Feb- ruary 21, 1877; proclaimed February 21, 1877. The United States of America and His Majesty the King of Spain having judged it expedient, with a view to the better administration of justice and the prevention of crime within their respective lerritories and jurisdictions, that persons charged with or convicted of the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a Convention for that purpase,*and have appointed, as their Plenipotentiaries, the President of the United States, Caleb Cushing, the Envoy Extraordinary and Minister Plenipotentiary of the United States near the Government of Spain ; and His Majesty the ^^ ^^^^^^ King of Spain, His Excellency Don Fernando Calderon y ""f'tors. CoUantes, his Minister of State, Knight Grand Cross of the Eoyal and distinguished Order of Cdrlos Tercero, of those of Leopold of Austria and of Belgium, of that of Our Lord Jesus Christ of Portugal, of the Savior of Greece, of the Holy Sepulchre, and of the Nishan Iftijar of Tunis ; who, after having communicated to each other their respective fuU powers, found in good and due form, have agreed upon and concluded the following articles : Article I. It is agreed that the Government of the United States and the Gov- ernment of Spain shall, upon mutual requisition duly made ^^^.^^^ ^^ ^ .^. as herein provided, deliver up to justice all persons who rai8"up™°rSi- may be charged with, or who have been convicted of, any of "°"' the crimes specified in Article II. of this Convention, committed within the jurisdiction of one of the contracting parties, while said persons were actually within such jurisdiction when the crime was committed, and who shall seek an asylum orshaU be found within the territories of the other ; provided that such surrender shall take place only 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 ap- prehension and commitment for trial if the crime or offence bad been there committed. *Thi8 convention is amended by tlie convention of August 7, 1882. 1028 TKEAtlES AND CONVENTIONS. Article II. Persons sliall bo delivered up, according to the provisions of this Convention, who shall have been charged with, or convicted Crimea. ^^^ ^^^ ^^ ^j^^ followiug crimcs : 1. Murder, comprehending the crimes designated by the terms of par- ricide, assassination, poisoning or infanticide. 2. The attempt to commit murder. 3. Eape. 4. Arson. 5. Piracy or mutiny on board ship when the crew or other j^ersons on board, or part thereof, have, by fraud or violence against the com- mander, taken possession of the vessel. 6. Burglary, defined to be the act of breaking and entering into the house of another in the night-time with intent to commit a felony therein. 7. The act of breaking and entering the offices of the Government and public authorities, or the offices of banks, banking-houses, saving-banks, trust companies, insurance companies, with intent to commit a felony therein. 8. Robbery, defined to be the felonious and forcible taking from the person of another, goods or money by violence or by putting him in fear. 9. Forgery, or the utterance of forged papers. 10. The forgery or falsification of the official acts of the Government or public authority. Including courts of justice, or the uttering or fraud- ulent use of any of the same. 11. The fabrication of counterfeit' money, whether coin or paper, counterfeit titles or coupons of public debt, bank-notes or other instru- ments of public credit; of caunterfeit seals, stamps, dies and marks of state or public administrations ; and the utterance, circulation or fraud- ulent use of any of the above-mentioned objects. 12. The embezzlement of public funds, committed within the jurisdic- tion of one or the other party, by public officers or depositaries. 13. Embezzlement by any person or persons, hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. 14. Kidnapping, defined to be the detention of a person or persons in order to exact money from them or for any other unlawful end. Aeticlb III. The provisions of this Convention shall not import claim of extradi- tion for any crime Or offence of a politcal character, nor for extradited fo?"p°oiitf- acts couuected with such crimes or offences ; and no person oi offence.. surrendered, by or to either of the contracting parties in virtue of this Convention, shall be tried or punished for any political crime or offence, nor for any act connected therewith, committed pre- viously to the extradition. ' Akticle IV. No person shall be subject to extradition in virtue of this Convention for any crime or offence committed previous to the exchange b^tefrrutei'Snof of the ratifications hereof; and no person shall be tried for '^' any crime or offence other than that for which he was sur- rendered, unless such crime be one of those enumerated in Article II., and shall have been committed subsequent to the exchange of the rati- fications hereof. SPAlNj^lSW. 1029 Aeticle V. A fagitive criminal shall uot be surrendered under the provisions hereof when, from lapse of time or other lawful cause, ac- E^mption from cording to the laws of the place within the jurisdiction of "S^^o^^JoTf which the crime was committed, the criminal is exempt from ""'°' prosecution or punishment for the offence for which the surrender .is asked. Aktiole VI. If a fugitive criminal, whose surrender may be claimed pursuant to the stipulations hereof, be actually under prosecution, out ofl-.»<;e» in coun. on bail or in custody, for a crime or offence committed in ''"f »sy'»">- the country where he has sought asylum, or shall have been convicted thereof, his extradition may be deferred until such proceedings be de- termined and until such criminal shall have been set at liberty in due course of law. Article VII. If a fugitive criminal, claimed by one of the parties hereto shall be also claimed by one or more powers pursuant to treaty provisions on account of crimes committed within their jurisdiction, by m"™ than™ne such criminal shall be delivered, in preference, in accord- '"'"'"' ance with that demand which is the earliest in date. Article VIII. Neither of the contracting parties shall be bound to deliver ^^^^^ „„ti„„ ,„ up its own citizens or subjects under the stipulations of this ■'»"'■'"•!'«='«»»»'■ Convention. Article IX. The expenses of the arrest, detention, examination and transporta- tion of the accused shall be paid by the Government which has preferred the demand for extradition. Ewns... Article X. Everything found in the possession of the fugitive criminal at the time of his arrest,' which maybe material as evidence in connacauon of making proof of the crime, shall, so far as practicable, be SfSa '°7L^b- delivered up with his person at the time of the surrender. ''°"- Nevertheless, the rights of a third party, with regard to the articles aforesaid, shall be duly respected. Article XI. The stipulations of this Convention shall be applicable to all foreign , or colonial possessions of either of the two contracting parties. Eeqiiisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the contracting par- ties. In the event of the absence of such agents from the -jtSufdnTmod" country or its seat of Government, or where extradition is °'''"'°"''"''- sought from a colonial ijossession of one of the contracting parties, requisition may be made by superior consular officers. 1030 , TREATIES AND CONVENTIONS. It shall be competent for such, representatives or such superior, con- sular officers to ask and obtain a mandate or preliminary warrant of arrest for the person whose surrender is sought, whereupon the judges and magistrates of the two Governments shall, respectively, have power and authority, upon complaint made under oath, to issue a warrant for the apprehension of the person charged, in order that he or she may be Ivought before such judge or magistrate, 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 executive authority, that a warrant may issue for the surrender of the fugitive. If the fugitive criminal shaU have been convicted of the crime for which his surrender is asked, a copy of the sentence of the court before which such conviction took place, duly authenticated, shall be produced. If, however, the fugitive is merely charged with crime, a duly authen- ticated copy of the warrant of arrest in the country where the crime was committed, and of the depositions upon which such warrant may have been issued, shall be produced, with such other evidence or proof as may be deemed competent in the case. Aeticlb XII. This Convention shall continue in force from the day of the exchange Diimtion or con- of thc ratlficatious thereof, but either party may at any time vention. termluatc the same on giving to the other six months' notice of its intention so to do. In testimony whereof, the respective Plenipotentiaries have signed the present Convention in triplicate, and have hereunto afflxed their seals. Done at the city of Madrid, in triplicate, English and Spanish, this fifth day of January, in the year of our Lord one thousand eight hun- dred and seventy-seven. SEAL.] Caleb Cushing. SEAL.] Feendo. Caldebow y Collantes. 1877. PROTOCOL OF conference AND DECLARATIONS CONCERNING JUDICIAL V PROCEDURE. Signed January 13, 1877. Protocol of a conference held at Madrid on the 12th of January, 1877, between the honorable Caleb Cushing, Minister Plenipotentiary of the United States of America, and His Excellency Seuor Don Fer- nando Calderon y Collantes, Minister of State of His Majesty the King of Spain. The respective parties, mutually desiring to terminate amicably all controversy as to the effect of existing treaties in certain matters of judicial procedure, and for the reasons set forth and representations exchanged in various notes and previous conferences, proceeded to make declaration on both sides as to the understanding of the two Gov- SPAIN, 1877. 1031 ernments in the premises, and respecting the true application of said treaties. Senor Calderon y Collantes declared as follows : 1. No citizen of the United States residing in Spain, her adjacent islands, or her ultramarine possessions, charged with acts , . , „,.;., -S • i AT • i-x J.- Trial of United of sedition, treason or conspiracy against the institutions, f^f^|tg°f/„^T,''%7 the public security, the integrity of the territory or against »«""'"'"'""" '""'^ the Sapreme Government, or any other crime whatsoever, shall be subject to trial by any exceptional tribunal, but exclusively by the or- dinary jurisdiction, except in the case of being captured with arms in hand. 2. Those who, not coming within this last case, may be arrested or im- prisoned, shall be deemed to have been so arrested or imprisoned by order of the civil authority for the effects of the Law of April 17, 1821, even though the arrest or imprisonment shall have been effected by armed force. 3. Those who may be taken with arms in hand, and who are there- fore comprehended in the exception of the first article, shall be tried by ordinary council of war, in conformity with the second article of the hereinbefore-mentioned law ; but even in this case the accused shall enjoy for their defense the guarantees embodied in the aforesaid Law of AprillT, 182L 4. In consequence whereof, as well in the cases mentioned in the third paragraph as in those of the second, the parties accused are allowed to name attorneys and advocates, who shall have access to them at suitable times; they shall be furnished in due season with copy of the accusation and a list of witnesses for the prosecution, which latter shall be examined before the presumed criminal, his attorney and advocate, in conformity with the provisions of articles twenty to thirty- one of the said law ; they shall have right to compel the witnesses of whom they desire to avail themselves to appear and give testimony or to do it by means of depositions ; they shall present such evidence as they may judge proper; and they shaU be permitted to be present and to make their defense, in public trial, orally or in writing, by them- selves or by means of their counsel. 5. The sentence pronounced shall be referred to the andiehcia of the judicial district, or to the Captain General, according as the trial may have taken place before the ordinary judge or before the council of war, in conformity also with what is prescribed in the above-mentioned law. Mr. Gushing declared as follows : 1. The Constitution of the United States provides that the trial of all crimes except in cases of impeachment shall be by jury, and such trial shall be held in the State where said crimes shall have been com- mitted, or when not committed within any State the trial will proceed in such place as Congress inay direct (Art. Ill, § 2) ; that no person shall be held to answer for a capital or otherwise infamous crime unless on presentment of a grand jury except in cases arising in the land and naval forces or in the militia when in actual service, (Amendments to the Constitution, Art. V); and that in all criminal jprosecutions the ac- cused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been com- mitted, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor ; and to have counsel for his defense, (Amendments to the Constitution, Art. VI.) 1032 TREATIES AND CONVENTIONS. 2. The Act of Congress of April 30, 1790, chap. 9, sec. 29, re-enacted in the Revised Statutes, provides that every person accused of treason shall have a copy of the indictment and a list of the jury, and of the witnesses to be produced at the trial, delivered to him three days before the same, and in all other capital cases two days before that takes place ; that in all such cases the accused shall be allowed to make his full de- fease by counsel learned in the law, who shall have free access to him at all seasonable hours; that he shall be allowed in his defense tQ make any proof which he can produce by lawful witnesses, and he shall have due power to compel his witnesses to appear in court. . 3. All these provisions of the Constitution and of Acts of Congress are of constant and permanent force, except on occasion of the tempo- rary suspension of the writ of habeas corpus. 4. The provisions herein set forth apply in terms to all persons ac- cused of the commission of treason or other capital crimes in the United States, and therefore, as well by the letter of the law as in virtue of ex- isting treaties, the said provisions extend to and comprehend all Span- iards residing or being in the United States. Senor Calderon y CoUantes then declared as follows : In view of the satisfactory adjustment of this question in a manner so proper for the preservation of the friendly relations between the re- spective Governments, and in order to afford to the Government of the United States the completest security of the sincerity and good faith of His Majesty's Government in the premises, commaud will be given by Eoyal Order for the strict observance of the terms of the present Proto- col in all the dominions of Spain and specifically in the island of Cuba. In testimony of which we have interchangeably signed this Protocol. Caleb Cushing. Ferndo. Calderqn y Collawtes. 1881. AGEEEMENT FOR TERMINATING THE CLAIMS COMMISSION FORMED UNDER THE AGREEMENT OF FEBRUARY 12, 1871. Concluded February 23, 1881. Department op State, Washington, February 23, 1881. Sir : I have had the honor to hold several recent conferences with you, touching the desire of your Government, formally expressed in the note of the Minister of State, Senor Elduayen, to the Minister of the U. S. at Madrid on the 5th.of July 1880 ; for the adoption of an accord between the two Governments looking to the fixation of a term for the labors of the American and Spanish Claims Commission which . was organized under the agreement of February 12, 1871. In those con- ferences, the entire agreement of our views in the matter happily ren- ders any discussion thereof unnecessary, save only as to the form and manner of placing s.uch agreement of views on record, with the same force and effect as the original agreement of 1871. As you are aware, the agreement of 1871 was discussed between the U. S. Minister at Madrid and the Spanish Minister of State for some time before a final understanding was reached, during which time vari- ous written projects and counter projects of an agreement were recipro- cally submitted and considered, and that at the wish of the Spanish / SPAIN, 1881. 1033 government itself, it was determined that a final accord should be ef- fected by simple exchange of diplomatic notes. This was accordingly- done and the date of Senor Martos' note accepting the completed redac- tion of the agreement became, therefore, the date of the agreement itself. It is thought unnecessary that a fresh agreement determining the duration of the Commission should involve more of formality than the original accord whereby the commission itself was created ; and I have, accordingly, the honor to propose, for your prompt acceptance as I doubt not a like conclusion of our present negotiation by means of a simple exchange of diplomatic notes, and in the suggested form of an additional article to the Agreement of 1871. I believe that you and I are in accord upon the substantial points of the following text of such additional article, as the result of our delib- erations thereon. "Vni All claims for injuries done to citizens of the [Jnited States by the Authorities of Spain in Cuba, since the first day of p^^,^„j^j;„„ ^^ October, A. D. 1868, which have not heretofore been pre- ciaimS'lSotTereM- sented by the Government of the IT. S. to the Commission '""'■""s"""'- now sitting in Washington under the agreement of February 12, 1871, shall be so presented to the said Commission within sixty days, from this twenty third day of February, 1881, unless in any case where reasons for delay shall be established to the satisfaction of the Arbitrators, and in any such case the period for presenting the claim may be ex- tended by them to any time not exceeding thirty days longer. "The Commission shall be bound to examine and decide upon every claim which may have been presented to it, or which shall commission to ex- hereafter be presented to it in accordance with this article, ci™im/°™hii''°oi" within one year from the 12th day of May, 1881. Provided, '"='"^- however, that in any particular case in which delay in completing the defense shall make an extension for the claimant's proofs or final argu- ment, or decision, beyond this period, necessary for justice, such exten- sion may be granted, by the Arbitrators,- or, on their disagreement by the Umpire." "The Arbitrators shall have full power, subject to these stipulations, to make and pubb'sh convenient rules for carrying into effect ^^^;j^^,„^ .^^^ this additional Article, and any disagreement with reference poj»er' 'to°"puE to such rules shall be decided by the Umpire." If, therefore, you are of like opinion with me that the foregoing mem- orandum of the text of an additional article to the Agreement of Feb- ruary 12, 1871, correctly represents the accord we have reached in our recent verbal conferences, and will intimate to me, by note, your ac- ceptance thereof, said additional article will be regarded by this, Gov- ernment (as also by that of Spain) as bearing date from the date of your note of acceptajQce, and as thereupon and thenceforth having like force and effect with the original agreement which it supplements. Accept, &c., Wm. M. Evaets. [Translation.] Legation of Spain, Washington, February 23, 1881. The undersigned, envoy extraordinary and minister plenipotentiary of His Catholic Majesty, has the honor to acknowledge the receipt of the note which the Honorable Secretary of State has this day been pleased to address to him stating, with perfect correctness, the result of the conferences held with the view of reaching an understanding with regard to thedesire of the government of His Majesty the King, which was 1034 TREATIES AND CONVENTIONS. expressed in the note of the minister of state to the representative of the United States at Madrid (said note being dated July 5, 1880), to fix a term for the labors of the Spanish- American Commission of Arbitra- tion which was appointed in pursuance of the convention of February 12, 1871. The undersigned shares the views entertained by the Honorable Sec- retary in respect to the form in which it will be proper to express the understanding adopted in said conferences, and he hereby signifies his entire assent to the terms in which the Honorable Secretary of the State is pleased to express it in the following additional article to the conven- tion of 1871, which will be considered by the Government of Spain and that of the TJnited States, from this date, as having the same force and effect as the aforesaid convention : " VIII. All claims for injuries done to citizens of the United States by the authorities of Spain in Cuba since the 1st day of October, A. D. 1868, which have not heretofore been presented by the Government of the United States to the Commission now sitting in Washington under the agreement of February 12, 1871, shall be so presented to the said Commission within sixty days from this twenty-third day of February, 1881, unless in any case where reasons for delay shall be established to the satisfaction of the arbitrators; and in any such case the period for presenting the claim may be extended by them to any time not exceed- ing thirty days longer. "The Commission shall be bound to examine and decide upon every claim which may have been presented to it, or which shall hereafter be presented to it in accordance with this article, within one year from the 12th day of May, 1881 ; Provided, however, that in any particular case in which delay in completing the defence shall make an extension for the claimant's proofs or final arguments or decision, beyond this period, necessary for justice, such extension may be granted by the Arbitra- tors, or in their disagreement by the Umpire. " The Arbitrators shall have full power, subject to these stipulations, to make and publish convenient rules for carrying into effect this addi tional article, and any disagreement with reference to such rules shall be decided by the Umpire." The undersigned avails himself of this occasion to reiterate to the Honorable William M. Evarts the assurances of his highest considera- tion. Felipe Mbndez de Vigo. 1882. PEOTOCOL EXTENDING THE TIME FOE THE TERMINATION OF THE CLAIMS COMMISSION UNDEE THE AGREEMENT OF FEBRUARY 12, 1S71, TO JANUAEy 1, 1883. Signed May 6 and December 14, 1882. ' Protocol of a conference between the Honorable Frederick T. Freling- huysen, Secretary of State of the United States, and His Excellency Francisco Barca, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of Spain, held at the Department of State in Washington on the sixth day of May, eighteen hundred and eighty two. Mr. Frelinghuysen handed to Mr. Barca the following paper, entitled " Article IX", and said that it embodied the results of several prelimi- nary conferences between himself and Mr. Barca relating to the pro- SPAIN, 1882. 1035 longation of the ' Spanish American Claims Commission until the first day of January next.: Aktiole IX. It being impossible for the Commission, in consequence of the death of the Arbitrator and of the Advocate on the part of the United States, to examine and decide within one year from for "exaSnB 'ISd the 12th. of May 1881 each and every claim which has been ''="^'""'^'"'" presented, it is agreed that the term aforesaid be extended to the 1st. of January 1883, for the sole purpose of permitting the Commission to examine and decide the claims actually pending. And it is further agreed to this end 1st. That no evidence in any case shall be received after the 15th day of June next. 2nd. That no printed or written brief or argument before the Arbi- trators shall be filed on behalf of any claimant after the 15th day of July 1882. 3rd. That no printed or written brief or argument shall be filed in reply on behalf of Spain after the 15th day of September 1882. 4th. That no oral arguments shall be heard by the Arbitrators after the 1st day of November 1882. 5th. That no arguments either written or oral shall be made before the Umpire except on his written request addressed to the Commission, specifying the time within which he will hear or receive said argu- ments. 6th. That the Arbitrators may establish in accordance with the pre- ceding stipulations convenient rules for the better and more rapid des- patch of the business of the Commission, and any disagreement which may arise between them as to those rules or their interpretation, shall he decided by the Umpire. Decisions in every pending case shall be given by both Arbitrators before the 15th day of December next : jointly if they agree, separately when they disagree. All cases in which on that day the two Arbitrators shall not have agreed, or in which neither Arbitrator shall have rendered caaes before a. a decision, shall go to the Umpire. "°"'"°- All cases in which the American arbitrator shall have failed to give a decision shall be rejected or allowed, as the case may be, Rgectionofdama in the form determined by the decision of the Arbitrator of SVarbLat^'has Spain if the Spanish Arbitrator shall have given a decision : ''""' ^'' ^™''°°- and vice-versa all cases in which the Spanish Arbitrator shall have failed to give a decision shall be allowed or rejected, as the case maybe, in the form determined by the decision of the American Arbitrator if the American Arbitrator shall have given a decision : it being the purpose of both parties to have the work of the Arbitrators finished before De- cember 15, 1882. The Umpire is requested to render decisions before January 1, 1883, in all cases submitted to him in order that the work of the Commission may cease on that day. But if the Umpire fails to comply with this request, decisions rendered by him after that day shall be respected by both parties, notwithstanding that the Commission shall be deemed to be terminated and dissolved after the 1st day of January 1883. Mr. Barca observed that the Article as reduced embodied correctly the understanding between himself and Mr. Frelinghuysen. In testimony whereof w;e have interchangeably signed this protocol. Fredk. T. Feelinghutsen. Franco Baroa. 1036 TEEATIES AND CONVENTIONS. It is agreed by the Honorable P. T. Frelinghuysen, Secretary of State, and Don Francisco Barca, Envoy Extraordinary and Minister Plenipotentiary of Spain, that the 6th clause of the protocol of May C, 1882, shall be changed by the insertion of the words, " the 27th day, of December," instead of the -trords, " the 15th day of December," where the latter occur. Fkedk. T. Fkelinghtjysen. Fran''" Bakca. WASHiNaa'ON, December 14, 1882. 1882. CONVENTION CONCERNING TEADE-MARKS. Concluded June 19, 1882 ; ratifications exchanged at Washington April 19, 1883 ; proclaimed April 19, 1883. The President of the United States of America and His Majesty the King of Spain, being desirous of securing reciprocal protection for the trade-marks and manufactured articles of their respective citizens or subjects within the dominions or territories of the other country, have resolved to conclude a Convention for that purpose, and have appointed as their Plenipotentiaries: the President of the United Negouators. gtatcs, Frcderick T. Frelinghuysen, Esquire, Secretary of State of the United States; and His Majesty the King of Spain, His Exgellency Don Francisco Barca, His Majesty's Envoy Extraordinary and Minister Plenipotentiary in the United States ; who, after recipro- cal communication of their full powers, found in good and due form, have agreed upon the following articles, to wit : Aeticlb I. The citizens and subjects of each of the two contracting parties shall Reciprocal righla ^DJoy, iu thc domimous and possessions of the other, the as to tiade-marka. game rfghts as tho natives of the country in everything re- lating to the ownership of trade-marks, industrial designs or models, or of manufactures of any kind. Article II. Persons desiring to secure the aforesaid protection shall be obliged pormaiitiea to be to comply wlth thc formalitlcs required by the laws of the complied with. respective countries. Akticle III. This Convention shall take effect as soon as it shall have been pro- Duration of con- mulgated in both countries; and shall remain in force for Tention. ^g^ ycars thereafter, and further until the expiration of one year after either of the contracting parties shall have given notice to the other of its \rish to terminate the same ; each of the contracting parties being at liberty to give such notice to the other at the end of said period of ten years or any time thereafter. The ratifications of this Convention shall be exchanged at Washing- RatiBcatiop,. tou as soou as possible within one year from this date. In testimony whereof the respective Plenipotentiaries have signed SPAIN, 1882. 1037 this Convention in duplicate, in the Englisli and Spanish languages, and affixed thereto the seals of their arms. Done at Washington, the 19th day of June, in the jear of our Lord one thousand eight hundred and eighty-two. SEAL. SEAL.' Feed'k T. Fkelinghuysen. Fban^o Baeca. 1882. CONVENTION FOK THE EXTRADITION OF CRIMINALS FUGITIVE FROM JUSTICE, BEING SUPPLEMENTAL TO THE CONVENTION OF JANUARY 5, 1877. Concluded August 7, 1882 ; ratifications exchanged at Washington April 19, 1883; proclaimed April 19, 1883. The President of the United States of America and His Majesty the King of Spain, being satisfied of the propriety of adding some articles to the extradition convention concluded between the United States and Spain on the 5th day of January, 1877, with a view to the better adminis- tration of justice and the prevention of crime within their respective territories and jurisdictions, have resolved to conclude a supplementary convention for that purpose, and have appointed as their plenipoten- tiaries : The President of the United States, Frederick T. Frelinghuysen, Es- quire, Secretary of State of the United States ; and His ^ ^^ ^^^^^^ Majesty the King of Spain, His Excellency Don Francisco =i°tmtor8. Barca, Knight Grand Cross of the Eoyal American Order of Isabel la Catolica, His Majesty's Envoy Extraordinary and Minister Plenipoten- tiary near the Government of the United States ; Who, after having reciprocally exhibited their full powers, found in good and due form, have agreed upon and concluded the following ar- ticles : ARTICLE I. Paragraph 5 of Article II. of the aforesaid Convention of Alteration. m con- January 5, 1877, is abrogated, and the following substituted : I'wn" °' ^""""^ 5. Crimes committed at sea : (a) Piracy as commonly known and defined by the law of nations. (b) Destruction or loss of a vessel caused intentionally, or conspiracy and attempt to bring about such destruction or loss, when committed by any person or persons on board of said vessel, on the high seas. (c) Mutiny or conspiracy by two or more members of the crew or other persons on board of a vessel on the high seas, for the purpose of rebelling against the authority of the captain or commander of such vessel, or by fraud or violence taking possession of such vessel. Paragraph 12 of said Article II. is amended to read as follows : 12. The embezzlement or criminal malversation of public funds com- mitted within the jurisdiction of one or the other party, by public offi- cers or, depositaries. Paragraph 13 of said Article II. is likewise modified to read as fol- lows: 13. Embezzlement by any person or persons hired, salaried or em- ployed, to the detriment of their emyloyers or principals, when the 1038 TREATIES AND CONVENTIONS. crime or offense is punishable by imprisonment or otlier corporal punish- ment by the laws of both countries. Paragraph 14 of said Article II. is likewise modified to read as fol- lows : 14. Kidnapping of minors or adults, defined to be the abduction or detention of a person or persons, in order to exact money from them or from their families, or for any other unlawful end. AETICLE II. Additions to ^^ continuation of and as forming part of Article II. of title ii™of "ormer thc aforcsald Convention of January 5, 1877, shall be added the following paragraphs : 15. Obtaining by threats of injury, or false devices, money, valuables or other personal property, and the purchase of the same with the knowl- edge that they have been so obtained, when the crimes or offenses are punishable by imprisonment or other corporal punishmcDt by the laws of both countries. 16. Larceny, defined to be the theft of effects, personal property, or money, of the value of twenty-five dollars or more. 17. Slave-trade, according to the laws of each of the two countries respectively. 18. Complicity in any of the crimes or offenses enumerated in the Convention of January 5, 1877, as well as in these additional articles, provided that the persons charged with such complicity be subject as accessories to imprisonment or other corporal punishment by the laws of both countries. Aeticle III. to^S°e°r"'conyl!,' "^ftcr Artlclc XI. of the aforesaid Convention of January tioD."'"" '°°'"°' 5, 1877, shall be inserted the two following articles : Article XII. If, when a person accused shall have been arrested in virtue of the Teiegrapiio re- maudatc Or preliminary warrants of arrest, issued by the questforextradition. competcnt authorlty as provided in Article XI, hereof, and been brought before a judge or a magistrate to the end of the evidence of his or her guilt being heard and examined as hereinbefore provided, it shall appear that the mandate or preliminary warrant of arrest has been issued in pursuance of a request or declaration received by tele- graph from the government asking for the extradition, it shall be com- petent for the judge or magistrate at his discretion to hold the accused for a period not exceeding twenty-five days, so that the demanding government may have opportunity to lay before such judge or magis- trate legal evidence of the guilt of the accused ; and if, at the expira- tion of said period of twenty-five days, such legal evidence shall not have been produced before such judge or magistrate, the person ar- rested shall be released ; provided that the examination of the charges preferred against such accused person shall not be actually going on< Ariicle XIII. In every case of a request made by either of the two contract^ig par- . . , , ^ ties for the arrest, detention or extradition of fugitive crimi- AflSietance to be., n -, .-.■*- ? h r,nrr 1 reciprocjiiy render- nals lu pursuauco of thc convcution 01 January 5, 1877, ana ed to officers of the „., -ii-j. -, ,., ,, , -, nn ' n i'_ Boiemment demnnd- 01 thcsc additioual articlcs, tho legal oflBcers or fiscal min- ing extradition. .. e. ii , -, ' ■. °-.. n t -l.J.- istry of the country where the proceedings of extradition are had, shall assist the ofi&cers of the government demanding ,the ex- SPAIN, 1884. 1039 tradition, before the respective judges and magistrates, by every legal means within their or its power; and no claim whatever for compensation for any of the services so rendered shall be made against the government demanding the extradition ; provided however that any officer or o&- cers of the surrendering government, so giving assistance, who shall, in the usual course of their duty, receive no salary or compensation other than specific fees for services performed, shall be entitled to re- ceive from the government demanding the extradition the customary fees for the acts or services performed by them, in the same manner and to the same amount as though such acts or services had been per- formed in ordinary criminal proceedings under the laws of the country of which they are officers. Article IV. All the provisions of the aforesaid convention of the 5th of January, 1877, not abrogated by these additional arti- aS^'^'T'pLioil cles, shall apply to these articles with the same force as to fo°S'°°p'Ji°mSlJ the said original Convention. ''" °°°"°"°°- This additional Cohvention shall be ratified and the ratifications ex changed at Washington as soon as may be practicable ; and upon the exchange of ratifications it shall have immediate K»«fi'=»'"'» effect, and form a part of the aforesaid Convention of January 5, 1877, and continue and be terminable in like manner therewith. In testimony whereof the respective Plenipotentiaries have signed the present additional Conveiition in duplicate, in the English and Spanish languages, and have hereunto affixed their seals. Done at the city of Washington this 7th day of August in the year of our Lord one thousand eight hundred and eighty-two. SEAL.] FEBDK. T. PeELINGHUTSEN. SEAL.] FeAWCO BAECA. AGEEEMENT' EESPECTING EECIPEOCAL ABOLITION OF CEETAIN DIS- CEIMINATING DUTIES IN THE PORTS OF THE UNITED STATES AND IN CUBA AND POETO EICO. Executed and signed at Madrid, February 13, 1884, As the commercial agreement for the improvement of the mercantile relations between the United States of America and the islands of Cuba and Porto Eico, signed in this capital on the second day of January of the present year, embraces, besides the stipulations which the Govern- ment of His Catholic Majesty may, in virtue of legal authorization, put into execution at once, others which require the examination and appro- bation of the legislative power, which on account of special circum- stances is unable to deliberate upon them in proper time to put them " The President, on the 14th of February, 1884, issued a, proclamation declaring that after the Ist day of March, 1884, bo long as the products of and articles proceeding from the United States, imported into the Islands of Cuba and Porto Eico shall be exempt ii'om discriminating customs duties, any such duties on the products of and articles proceeding from Cuba and Porto Eico under the Spanish flag shall be suspended and discontinued. This suspension was revoked by the President's proclamation of Octo- ber 13, 1886, but was revived by the President's proclamation of October 27, 1886. For a later agreement see page 1149, 1040 TREATIES AND CONVENTIONS. in executioa on the first day of March next, as agreed npon ;- the Gov- Ne oti^tor emment of the United States of America and the Goyern- Neeotmtors. mgu); (jf gis Majcsty the King of Spain, and in their name John W. Foster, Envoy Extraordinary and Minister Plenipotentiary of said Eepublic in Madrid, and His Excellency Jos6 Elduayen, Mar- ques del Pazo de la Merced, Minister of State, duly authorized, have decided to modify the Commercial Agreement of the second of January last, and have agreed upon the following articles : Article 1. In virtue of the authorization given to the Spanish Government by Duties ofthethirj articlc 3 of thc law of the 20th of July, 1882, the duties of "riirrofouK™ the third column of the customs tariffs of Cuba and Porto Porto Rico. Eico, which implies the suppression of the differential flag duty, wUl be applied to the products of, and articles proceeding from the United States of America. AETltiLB 2. The Government of the United States will remove the extra duty United st«e« to of tcu pcT ceut. ttd valoreM which it has imposed on the prod- onTrtlcilfirocee? ucts of, and articles proceeding from, Cuba and Porto Eico ing I'rom Cuba and i , ■% n • i n f i Porto Kico. under the Spanish flag. Aeticlb 3. The customs-houses of the United States will furnish to the respect- ive Spanish consuls, whenever they may request them, cer- United States cus- ,.n 7 j* ^.^ j? i"^i t ii,* torn-houses to fur- tiflcatcs of the cargoos of sugar and tobacco brought m cites to"pani°hcon- vcssbIs procBediug from both the Spanish Antilles, stating the quantities of said articles received . Article 4. The preceding stipulations shall go into effect both in the United States of America and the Islands of Cuba and Porto Eico on the first day of March, 1884 ; and to this effect the Government of the United States of America and that of Spain will at once issue the proper orders. Executed in duplicate in Madrid on this 13th February, one thou- sand eight hundred and eighty-four. SEAL.] John W. Foster. 'seal.] J. Eldtjaten. The Government of His Catholic Majesty will submit in due time to the deliberations of the C6rtps, the suppression of the tonnage fees on merchandise at present paid on the cargoes* of vessels leaving the ports of the United States for Cuba and Porto Eico, as well as the special duty which is imposed on live fish imported into Cuba under a foreign flag in accordance with the Eoyal Order of 13th of March, 1882. Executed in duplicate in Madrid on this 13th February, one thousand eight hundred and eighty-four. SEAL. SEAL. John W. Foster. J. Elduayen. SPAIN, 1884. 1041 [Note. — The agreement of JanvMry 2, 1884, referred to in, fbe jpreamble to the foregoing, and superseded liereby, is as follows.'] The Government of the United States of America and the Government of his Maj- esty the King of Spain, desiring to improve the commercial relations between said States and the Spanish Provinces of Cuba and Porto Eico, John W. Foster, Envoy Extraordinary and Minister Plenipotentiary of said Eepnblio at Madrid, and his Ex- cellency Servando Euiz Gomez, His Catholic Majesty's Minister of State, duly author- ized by their respective Governments have agreed upon the following articles: Article 1. In virtue of the authorization given to the Spanish Government by article 3 of the law of the 20th of July, 1882, the duties of the third column of the customs tariflfs of Cuba and Porto Eico, which implies the suppression of the differential flag duty, will at once be applied to the products of, and articles proceeding from, the United States of America. Articub 2. In consequence of this agreement the Eoyal Order of the 13th March, 1882, which imposes a special duty on Uve fish imported into Cuba under a foreign flag, is void for the United States. ' Article 3. The Spanish consular officers in the United States will cease to impose or collect tonnage tees on the cargoes of vessels leaving the ports of the United States for Cuba and Porto Eicot Article 4. The Government of the said United States will remove the extra duty of ten per cent, ad valorem which it has imposed on the products and articles proceeding from Cuba and Porto Eico under the Spanish flag. Article .5. Perfect equality of treatment between the said Spanish provinces and the United States is established, thus removing all extra duties or discrimination not general as to other countries having the treatment of the most favored nations. Article 6. The custom houses of the United States will furnish to the respective Spanish con- suls, whenever they may request them, certificates of the cargoes of sugar and to- bacco brought in vessels proceeding from both the Spanish Antilles, stating the quan- tities of said articles received. Article 7. The preceding stipulations shall go into effect both in the United States and in the provinces of Cuba and Porto Eico on the first day of March, 1884. Article 8. Both Governments bind themselves to begin at once negotiations for a complete treaty of commerce and navigation between the United States of America and the said provinces of Cuba and Porto Eico. Executed in duplicate at Madrid on this second day of January A. D. one thousand eight hundred and eighty-fonr. [SEAL.] John W. Foster. [SEAL.] Servando Euiz 66mkz. 3769 IE 66 SWEDEN 1783. TREATY* OF AMITY AND COMMERCE, AND SEPARATE ARTICLES. Concluded A'pril 3, 1783 ; ratified by the King of Sweden May 23. 1783, and by the Continental Congress July 29, 1783 ; ratifications exchanged at Paris 1783; proclaimed September 25, 1783. The King of Sweden, of the Goths and Vandals, «&c., &c.,;&c., and the thirteen United States of North America, to wit: New Hamp- shire, Massachusetts Bay, Ehode 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 nominat'ed and appointed for his Plenipotentiary Count Gustavus Philip Nesotiatora. ^^ Crcutz, hls 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 diliberation in. consequence thereof, have agreed upon, concluded, and signed the following articles: Aeticle I. There shall be a firm, inviolable, and universal peace, and a true and Declaration of slncerc frieudsMp between the King of Sweden, his heirs amity. and successors, and the United states of America, and the subjects of His Majesty, and those of the said States, and between the * Translation from the original, -which, is in the French language. This treaty terminated hy the limitation contained in the first separate article, j;ost, fifteen years from the day of the ratification, hut Articles II, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIIl, XIX, XXI, XXII, XXIII, and XXV, as well as Ihc separate Articles I, II, IV, and V, were revived by Article XII of the treaty ot Sep- temher 4, 1816, vfith Sweden and Norway, voat, and were again revived by Article XVII of the treaty of July 4, 1827. 1042 MoBt favored na- tion. SWEDEN, 1783. 1043 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 in this present treaty shall be perpetual and permanent between the King, his heirs and sucessors, and the said United States. Aeticle II. The King and the United States engage mutually not to grant here- after any 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. Aeticle III. The subjects of the King of Sweden shall not pay in the ports, havens, roads, countries, islands, cities^ and towns of the United States, or in any of them, any other nor greater duties or eS^to"^"!™" imposts, of what nature soever they may be, than those which K»'ns ae m°o st 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. Aeticle IV. The subjects and inhabitants of the said United States shall not pay in the ports, havens, roads, islands, cities, and towns under citizen, orthe the dominion of the King of Sweden, any other or greater ued^to^tiT'.aTe duties or imposts, of what nature soever they may be, or by Ja^? mos? ^r,tZ what namesoever called, than those which themost 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 nations 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. Aeticle V. There sh^ll be granted a full, perfect, and entire liberty of conscience to the inhabitants and subjects of each party ; and no per- Liberty or con- son shall 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. Aeticle VI. The subjects of the contracting parties in the respective States may freely dispose of their goods and effects, either by testament, donation, or otherwise, in favour of such persons as they ^"°'°° thmk proper ; and their heirs, in whatever place they shall reside, shall 1044 TEEATIES AND CONVENTIONS. receive the succession even ab intestato, either in person or by their attorney, without having occasion to take out letters of naturalization. These inheritances, aswell as the capitals and eifects wjiich the subjects of the two parties, in changing their dwelling, shall be desirous of re- moving 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 ordi- nances published in Sweden against emigratipns, or which may here- after be published, which shall remain in full force and vigor. The Cnited States, on their part, or any of them, shall be at liberty to make, respecting this matter, such laws as they think proper. Aeticle 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 Trade with nations ., -i-Lj.!- i • ti>j. j^j t at war with the Davigatc With their vessels, in all safety and freedom, and 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 witb their vessels, and, with the same liberty and safety, to fre- quent the 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 re- spect to ships and merchandizes, that free ships shall make to"|ood.'f except the merchandizes free, and that everything which shall be on contrabaud artidea. ^,qjjj,jJ ^f ghips bclongiug to subjccts 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 ; which 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 m^y 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. Aeticle VIII. This liberty of navigation and commerce shall extend to all kinds of merchandizes, except those only which are expressed in the following articles, and are distinguished by the name of contraband goods. Aeticle IX. ' Under the name of contraband or prohibited goods shall be compre- hended arms, great guns, cannon-balls, arquebuses, mus- contraband ,ooci8. g^^^g^ mortars, bombs, petards, granadoes, saucisses, pitch- balls, carriages for ordnance, musquet-rests, bandoleers, cannon-powder, matches, saltpetre, sulphur, bullets, pikes, sabres, swords, morions, helmets, cuirasses, halbards, javelins, pistols and their holsters, belts, bayonets, horses with their harness, and all other like kinds of arms and instruments of war for the use of troops. SWEDEN, 1783. 1045 Article X. These whicli follow shall not be reckoned in the number of prohibited goods, that is to say: All sorts of cloths, and all other GoodB not contra- 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 smok'ed 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. JSTor 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 foregoing article, so that they shall not by any pretended interpre- tation be comprehended among prohibited or contraband goods. On the contrary, they may be freely transported by the subjects of the King and of the IJnited 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. Aeticle XI. 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 j„^^,3„f„„,^., , in a war, the ships and vessels belonging to the subjects or ?^|^s°CitF»S inhabitants of the other shall be furnished witl^^sea-letters S'k" B.ni ce't^- or passports, expressing the name, property, and port of the °'"^°' vessel, and also the name and place of abode of the master or com- mander 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. Aeticle XII. 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, N.yi,ationintimi they shall, nevertheless, be bound, at all times when re- »'""• required, to exhibit, as well on the high sea as in port, their passports and certificates above mentioned; and, not. having contraband mer- chandize on board for an enemy's port, they may freely and without hindrance pursue their voyage to the place of their destination. Never- 1046 TREATIES AND CONVENTIONS. theless, the exhibition of papers shall not be demanded of merchant- ships under the convoy of vessels of war, but credit shall be giyen to the word of the officer commanding the convoy. Aexiolb XIII. If on producing the said certificates it be discovered that the vessel Discovery of con- carrics soffle of the goods which are declared to be prohib- traband goods. j^-g^ qj. contrabftud, and which are consigned to an enemy's port, 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 merchan- dize be only a part of the cargo, and the master of the vessel agrees, consents, and offers to deliver th^m 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 qf her desti- nation. When a vessel is taken and brought into any of the ports of the contracting 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 of the vessel unjustly detained. • Akticlb XIV. It is likewise agreed that whatever shall be found to be laden by the Gooas found in an subjccts of cithcr of tho two contracting parties, on a ship ' enenwa ship. bclougiug to tho encmics of the other party, the whole ef- fects, 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 make 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. Aeticle XV. And that more effectual care may be taken for the security of the Teaseisofwarand two contractlng parties, that they suffer no prejudice by privateers. .jjjg men-of-wax of the other party or by privateers, all cap- tains and commaTiders of fihips of His Swedish Majesty and of the SWEDEN,-: 1783. 1047 United 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 per- sons and goods. Aeiicle XVI. For this cause, every individual who is desirous of fitting out a pri- vateer, shallv before he receives letters-patent, or special Every per,™ nt- commission, be obliged to give bond with sufftcient sureties, ^i,°^i°"Jve tvrt before a competent judge, for a sufficient sum, to answer all """"^ "" ^'""'"'"'■ damages and wrongs which the owner of the priyateer, 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. Akticle XVII. One of the contracting parties being at war and the other remaining neuter, 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 tlie 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 te,86is not to be efiects 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. If it should happen that the two contractin g parties should HesuMo™ m caB« be engaged in a war at the same time with a common enemy, boa^wa5'™thf°om^ the foUoVing points shall be observed on both sides: monen=my. 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 enem j-, it shall belong wholly to him who has retaken it. 1048 TREATIES AND CONVENTIONS. 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. 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 XTnited 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 pmes. ^^^ ^^^^ ^^y ^.^j^ ^jj 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. ARTICLE XX. Un-case any vessel belonging to either of the two States, or to- their subjects, shall be stranded, shipwrecked, or suffer any other sha.wreci.. damage on the coasts or under the dominion of either of the parties, all aid and assistance shall be given to the persons shipvvreckd, 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 nier- chandizes wrecked, or their procfeeds, 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 ia.ws and customs of the two nations. Article XXI. When the subjects and inhabitants of the two parties, with their ves- sels, whether they be public and equipped for war, or pri- J^^iA'tTl'oi vate or employed in commerce, shall be forced by tempest, weather. ^^ pursuit of privatccrs and of enemies, or by any other urgent necessity, to retire and enter any of the rivers, bays, roads, or SWEDEN, 1783; 1049 ports of either of the two parties, they shall be received and treated 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 allways that they pay a reasonable price; and they shall not in any manner be 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. la order to favour commerce on both sides as much as iiossible, it is agreed that, in case a war should break out between the said Treatment of cw- two nations, which God forbid, the term of nine months ?hTt?mwrrof°°ii2 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 obsta- cle ; nor shall any seize their effects, and much less their persons, dur- ing 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 of marque for arming any vessel to act as a privateer against comm«sioM or the United States of America, or any of them, or against i"t"»»f»"'-»<«^- the subjects, people, or inhabitants of the said IJnited 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. INor 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 Swed- ish 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. Aeticle 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 ^^, ^ ^^^ ^^^^^ port, or being entered into port, and not willing to unload «,n?en»gJhep"rtrof 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. 1050 _ TREATIES AND CONVENTIONS. Article XXV. When a vessel belonging to the subjects and inhabitants of either of sup.inMbT.hip. the parties, sailing on the high sea, shall be met by a ship ofwar;orpriy.t.«.. of War or pplvateer of the other, the said ship of war or 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 chage* or force her to quit her intended course. Aeticle XXVI. The two contr3,cting parties grant mutually the liberty of having each coMub. ™ *^® ports of the other. Consuls, Vice-Consuls, Agents, and Commissaries, whose functions shall be regulated by a particular agreement. Aktiole XXVII. The present treaty shall be ratified on both sides, and the ratiflCa- Batfflction, tlons shall be exchanged in the space of eight months, or sooner if possible, counting from the day of the signature. In faith whereof the respective Plenipotentiaries have signed thp above articles, and have thereto affixed their seals. Done at Paris the third of April in the year of our Lord one thousand seven hundred and eighty- three. SEAL.] B. FeANKLIN. SEAL.] GXJSTAV PHILIP COMTB DE CBEUTZ. SEPAEATE AETICLE. I The King of Sweden and the United States of North America agree Duration of treat ^^^^ ^^^ prcscut trcaty shall have its full effect for the space urafono treaty, ^f £f jggjj ycars, couutiDg ftom thc day of the ratification, and the two contracting parties reserve to themselves the liberty of re- newing 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. [SEAL.] B. FeAWKLIN. [SEAL.] GUSTAV PHILIP COMTB DE CeEUTZ. SEPAEATE AETICLES. Aeticle I. His Swedish Majesty shall use all the means in his power to protect Kinu of Sweden to ^ud dcfcud thc vcsscls aud effectsbclonging to citizcus Or iu- ffiS of™'hSns'"o'f habitants of the Cnited States of iTorth America, and every United statei^. ^f ^j^gjjj -^yijicjj ghall bc lu thc ports, havens, roads; or on the seas near the countries, islands^ cities and towns of His said Majesty, SWEDEN, 1783. 1051 and shall use Lis utmost endeavours to recover and restore to the right owners all such vessels and effects which shall be taken from them within his jurisdiction. Aeticle II. In like manner the United States of North America shall protect and defend the vessels and effects belonging to the subjects of ^„n^i s,,,„ ,„ His Swedish Majesty, which shall be in the ports, havens, Kro'Sectro'l or roads, or on the seas near to the countries, islands, cities ^'""'="' and towns of the said States, and shall use their utmost eiforts 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 it is agreed that if the merchants ships of either party should or w^TfoSStve"'.'- 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 necessarj'^ 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 j, , .^^ ^ ^^ .^. full liberty in all places under the dominion or jurisdiction mw on?na°ion '!; of the United States of America, to manage their own affairs, Mhe^in'SnSLtf- 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 titie 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 ^^^^^^ ^^ ^^^ ^ shall not be subjected to any examination ; but all examina- tion and search must be before lading, and the prohibited merchan- 1052 TREATIKS AND CONVENTIONS. dizes 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 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 in- tended 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 eighth-three. SEAL.] B. FeANKLIN. SEAL^I GUSTAT PHILIP GOMTE DE CKEUTZ. SWEDEN AND NORWAY. 1816.* TEEATY + OF AMITY AND COMMERCE. Concluded September 4, 1816; ratifications exchanged at StocMolm Septem- ber 25, 1818 ; proclaimed December 31, 1818. 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 maintain and confirm the relations of friendship and commerce which have hitherto subsisted between the two States, and being convinced that this object cannot be more effectually accomplished than by establishing, recipro- cally," the commerce between the two States upon the firm basis of lib- eral 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 Plenipoten- tiary at the Court of Stockholm ; and His Majesty the King ^«s«'»">"- of Sweden and Iforway, His Excellency the Count Laurent d'Euge- strom, his Minister of State for Foreign Affairs, Chancellor of the Uni- versity of Lund, Knight Commander of the Orders of the King, Knight of the Order of Charles XIII, Grand Cross of the Orders of St. Etienne of Hungary, of the Legion of Honour of France, of the Black Eagle aud 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 on the fol- lowing articles: Aeticle I. There shall be between all the territories under the dominion of the United States of America, and of His Majesty the King of Reciprocal liberty Sweden and E"orway, a reciprocal liberty of commerce. The °' "'•^•^^••'o- inhabitants of either of the two countries shall have liberty, with all 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 vessels of the most favored nations are permitted to enter. They can there remain and reside in any part whatsoever of the said terri- • See notes : "Abrogated, suspended, or obsolete treaties." t Translation from the original, ■wLich is in the French language. ^053 1054 TREATIES AND CONVENTIONS. tories ; they can there hire and occupy houses and warehouses for their Security for mer- commerce ; and, generally, the merchants and traders of chanu and traders, g^cli of thc two uatlons shall cujoy 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 coun- tries, respectively. Abticle II. No other or higher duties, imposts, or charges, whatsoever, shall be No discrimmatraB imposcd OTi ths Importatiou into the territories of His Maj- SMhty°™o°°im^ 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, re- 'spectively, 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 coun- tries, respectively, 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- tion of any article, the growth, produce, or manufacture, of tioij°"rivii°Be» ac^ the territorlcs of His Majesty the King of Sweden and Nor- tioM^ an'd imSa- Way, Or of tho 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. » Swedisb or Norwegian vessels arriving in ballast, or importing, into No diacrimination ^^^ Uultcd Statcs tho producc Or manufactures of their mdutie. onvesBeia. couutrics, Or exportiug 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 ad- vantages which the vessels of the United States shall enjoy in its ports, as in relation to those which the vessels of the colony shall enjoyin the ports of the United States, provided the owners are inhabitants of St. Barthelemy, and there established and, naturalized, and shall have there caused their vessels to be naturalized. "Article III.* [His Majesty the King of Sweden and Norway agrees that all articles the growth, produce, or manufacture, of the West Indies, -which are permitted to he imported in Swedish or Norwegian vessels, -whether these articles be imported, directly or indl- * The Senate declined to give its adTioe and consent to the ratification of Articles III, IV, and VI, and the King of Sweden and Norway acceded. ^ SWEDEN AND NORWAY, " 1816. 1055 reotly, from said Indies, may likewise be imported into its territories in vessels of the United States, and there shall not he paid, either for the said vessels or the cargoes, any higher or other duties, imposts, or charges, whatsoever, than those -which -would he paid, by Swedish or Norwegian vessels in the same circumstances, -with an addition only of ten per centum on the said duties, imposts, and (Jharges, and no more. [In order to avoid misapprehension in this respect, it is expressly declared, that the term "West Indies" ought to he taken in its most extensive sense, comprising all that portion of the earth, -whether mainland or islands, -which at any time has heen denominated the West Indies, in contradistinction to that other portion of the earth denominated the East Indies.] Akticlb IV.* [The United States of America, on their part, agree that all articles the growth, produce, or manufacture, of the countries surrounding the Baltic Sea, or bordering thereon, which are permitted to be imported in vessels of the United States, -whether these articles he 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 subjects of one of the con- tracting parties ought to pay on arriving in the ports of the other, with a cargo con- sisting 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 imported this sort of merchandise only.] Aetiole 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 their func- tions. But it is here expressly declared that, in case of illegal or im- proper conduct in respect to the la-ws or government of the country to which they are sent, the said Consul, Vice-Consul, or Agent, may be either punished according to la-w, dismissed, or sent away, by the of- fended Government, that Government assigning to the other the reasons therefor. It is, nevertheless, understood, that the archives Archives k. be in- and documents relative to the affairs of the consulate shall '''°'"'- be protected from all examinations, 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 ^^^^^^^^^ ^^ j^_ between the captains and crews of the vessels of the nation mM^i^en mas- 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 Con- sul of the place shall feel himself obliged to resort to the interposition and support of the executive authority to cause his decision to be re- spected and maintained ; it being, nevertheless, understood, that this kind of judgment, 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. "The Senate declined to give its advice and consent to the ratification of Articles in, IV, and VI, and the King of Sweden and Norway acceded. 1056 TEEATIES AND CONVENTIONS. Article VI.* [In order to prevent all dispute and uncertainty in respect to what may 1)6 considered as being the growth, produce, or manufacture of the contracting parties respectively, it is agreed that whatever the chief or iutendant of,the customs 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 acknowl- edged and admitted as such in the United States; and that, in the same manner, what- ever the chief or collector of the customs in the ports of the United States shall have designated and specified ias the growth, produce, or manufacture of the United States, shall be aoinowledged and admitted as ^ch 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 confirmed by the governor of the colony, shall be considered as sufficient proof of the origin of the articles thus speci- fied or designated to obtain for them admission into the ports of the United States accordingly. J Akticlb YII. ' The citizens or subjects of one of the contracting parties, arriving with their vessels on any coast belonging to the other, but portTnd™?w[S not willing to enter into port, or being entered into port, to unload. ^^^ ^^^ willing to unload or break bulk, shall have liberty to depart, and to pursue their voyage, without molestation, and with- out being obliged to render account of their cargo, or to pay any duties, imposts, or charge^, whatsoever, on the vessels or cargo, excepting only the dues of pilotage, when a pilot shall have been employed, or those of qhayage, or light-money, whenever these dues are paid in the same circumstances by the citizens or subjects of the country. It beiug, nevertheless, understood, that whenever the vessels belonging to the citizens 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 in 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 remain on board, and to take such precautions as may bo 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, ves.eui^ndmB euteriug the ports of the other, shall bo permitted to dis- S'no°duS°on r" chargc a part only of their cargoes, whenever the captain marndsr. q^ owucr 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 th^t 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 there- with 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 * The Senate declined to give its advice and consent to the ratification of Articles III, IV, and VI, and the King of Sweden and Norway acceded. SWEDEN AND NORWAY, 1816. 1057 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 countty where the said vessel may thereafter enter, except the inhabitants of the country be subjected to futher duties in the same circumstances. * Aeticle 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 KigWB .nd prm- merchandise, all the rights and privileges of entrepot, which ^"'^ of swrepot. are enjoyed by the most favoured nations in the same ports. Aetiolb 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 sh.pwreck. 6f 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 ouarantta. and Norway, or from the ports of his said Majesty in Europe 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 nbt be subjected to any other quarantine than such as shall be necessary for the visit of 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, i Aeticle XII. The treaty of amity and commerce concluded at Paris in 1783, by , the Plenipotentiaries of the United States and of His Maj- c^^^^.„^„-'^^^^ „, esty the King of Sweden, is renewed and put in force by rhe^traaSor Apriu, the present treaty, in respect to all which is contained in ' '""° ' the second, filth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, 3769 TE 67 1058 TREATIES AND CONVENTIONS. 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 seperate articles one, two, 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, nevertheless, that the stipulations contained in the articles above mentioned shall always be considered as making no change in the conventions previously concluded with other friendly and allied nations. Article XIII. (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. Aeticle XIV. The present treaty, when the same shall have been ratified by the President of the United States, by and with the advice and RatMcation,. conscnt of the 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. In faith whereof the respective Plenipotentiaries have signed thei 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. SEAL. SEAL. SEAL. jona. eussell. Le Comte D'Engbsteom. Le Comte a. G-. Db Moenee. 1827. TREATY* OF COMMERCE AND NAVIGATION, AND SEPARATE ARTICLE. Concluded July 4:, 1827; ratifications exchanged at Washington 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 consolU * Translation from the original which is in the French language, SWEDEN AND NORWAY, 1827. 1059 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, Charg6 d'Affaires of the said States at the court of His Majesty th6 King of Sweden and Norway ; and His Majesty "==«■«■"»• the King of Sweden and Norway, the Sieur Gustave Count de W^tter- 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, aft»er having exchanged their full powers, found in good and due form, have agreed upon the following articles: AmidLE I. The citizens and subjects of each of the two high contracting parties may, with all security for their persons, vessels, and cargoes. Reciprocal iibeny freely enter the ports, places, and rivers of the territories of "f^"™™™ 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 com- security (or mer- merce; and they shalLenjoy, generally, the most entire se- '^>'^°»»"'i '"'»«««°<' import,. like nature the products of the soil or industry of the other contracting party, and on the importations and exportations made in its vessels. Aeticle XI. The citizens or subjects of one of the high contracting parties arriving .'" "With their \tessels on the coasts belonging to the other, but y^^^^^^^^ ^ not wishing to enter the port, or, after having entered porTandnotw'liMM therein, not wishing to unload any part of their cargo, shall *" "° °' • he at liberty to depart and continue their voyage without paying any other duties, imposts, or charges whatsoever, for the vessel and cargo. 1062 TREATIES AND CONVENTIONS. than .those of pilotage, wharfage, and for the support of light-houses, when such duties shall be levied on national vessels in similar cases. It is understood, however, that they shall always conform to such reg- ulations 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 officers 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 XII. It is farther agreed that the vessels of one of the high contracting vesssiB landiig partlcs, havlug entered into the ports of the other, will be ?a?i>°d of t^^lfth, thirteenth, fourteenth, fifteenth, sixteenth, seven- «we.£orApn'i3, tecuth, 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, together with the first, second, fourth, and fifth separate articles, signed on the same day by the same Plenipotentiaries, are revived, and made appli- cable to all the countries iinder the dominion of the present high con- tracting parties, and shall have the same force and value as if they were inserted in the context of the present treaity ; 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. Aeticle XVIII. Considering the remoteness of the respective countries of the two high contracting parties, and the uncertainty resulting 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. ,3ut 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. Aeticle XIX. ' •^^; The present treaty shall continue in force for ten years, counting from the day of the exchange of the ratifications ; and if D«r.t.o«of.rea«,. ^^^^^^ ^^^ explratiou of thc first nine years neither of the high contracting parties shall have announced, by an ofi&cial notifica- SWEDEN AND NORWAY, 1827. 1065 tion to the other, its intentiou 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. Aeticlb 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 Majiesty the King of Sweden and K""*""'""'- 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 iseals of th^ir arms. Done at Stockholm the fourth of July, in the year of Grace one thousand eight hundred and twenty-seven. [SEAL.] J. J. Appleton. [SEAL.] G. OOtJNT DE WETTEESTEDT. SEPAEATE AETIOLE. Certain relations of proximity and ancient connections having led to regulations for the importation of the products of the King- Forgoing treaty doms of Sweden and Norway into the Grand Duchy of ptrbetwemB*^ Finland, and that of the products of Finland into Sweden N?rww^"«p°rt°nB and Norway, in vessels of the respective countries, by 'n"i« «'«• inland. 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 Eussia, said stipulations being in no manner con- nected with the existing regulations for foreign commerce in general, the two high contracting parties, anxious to remove from their com- mercial 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 iji the general tariff of custom-house duties, and in 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 Eussia on certain articles of importa- tion 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 afiQxed thereto the seals of our arms. Bone at Stockholm the fourth of July, one thousand eight hundred and twenty-seven. SEAL.! J. J. Appleton, [seal.] G. Count db Wettbestedt. 1066 TRiSATlES AND CONVENTIONS. 1860. CONVENTION FOR THE EXTRADITION OF CRIMINALS FUGITIVE FROM JUSTICE. Concluded March 21, 1860 ; ratifications exchanged at Washington Decern- her 20, 1860 ; jprdclaimed Becemher 21, 1860. 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 j and also to enumerate such crimes explicitly : The United 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 respective Plenipotentiaries to negotiate and conclude a convention, that is to say: The President of the United States of America, Lewis Cass, Secre- Nejotiators ^^^ ^^ State of thc Uultcd States, and His Majesty the King of Sweden and Iforway, Baron Nicholas William de Wetterstedt, Knight of the Orders of thp Polar Star and of St. Olaff, Commander of the Order of Dannebrog of Denmark, 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: Aeticlb I. It is agreed that the high contracting parties shall, upon mutual 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 Evidence., ^^ 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- tive, 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 he shall have taken refuge. Article II. Persons shall be so delivered up who shall have been charged with or sentenced for any of the following crfmes," to Witi^Murder, cnme.. (including assassination, parricide, infanticide, and poison- ing,) or attempt to commit murder; rape; piracy, (including mutiny on board a ship, whenever the crew or part thereof, by fraud or violence SWEDEN AND NOEWAY, 1860. l06? against the commander, have taken possession of the vessel ;) arson ; robbery and burglary;. forgery, and the fabrication or circulation of counterfeit money, whether coin or paper money ; embezzlement by public oflScers, including appropriation of public funds. Article III. The expenses of any detention and delivery, effected in virtue of the preceding provisions, shall be borne and defrayed by the party who makes the requisition and receives the fugitive. ^''"^'^•■ Akticle IY, Neither of the contracting parties shall be bound to deliver up, under the stipulations of this convention, any person who, accord- Neither nation to ing to the laws of the country where he shall be found, is a °»- tions shall be exchanged within ten months from the date of its 'signa- ture, or earlier if possible. In faith whereof, the respective Plenipotentiaries have signed, this convention, and have hereunto aflftxed their seals. Done in duplicate, at Washington, the twenty-first day of March, one thousand eight hundred and sixty, and the eighty-fourth year of the pisdependence of the United States. ' {SBAL.j Lew. Cass. ' '[SEAL,] N. W. DE WBTTEESTEDT. 1068 , TREATIES AND CONVENTIONS. 1869. CONVENTION AND PROTOCOL RELATIVE TO NATURALIZATION. Concluded, May 26, 1869 ; ratifieatiqns exchanged at Stockholm Jtme 14, 1871; proclaimed January 12, 1872. The President of the United States of America and His Majesty the King of Sweden and Norway, led by the wish to regulate the citizen- ship of those persons who emigrate from the United States of America to Sweden and Norway and their dependencies and territories, and from Sweden and Norway to the United States of America, have resolved to treat on this subject, and have for that purpose appointed Plenipotenti- aries to conclude a convention, that is to say : The President of the United States of America, Joseph J. Bartlett, Minister Ees- NeBofitor.. iflcnt ; aud Hls Majesty the King of Sweden and Norway, Count Charles Wachtmeister, Minister of State lor Foreign Affairs; who have agreed to and signed the following articles : Aetiole I. Citizens of the United States of America who have resided in Sweden or Norway for a continuous period of at least five years, and fteuntodstlttsuo durfng such residence have become and are lawfully recog- ^«.°of°swedlS"id nized as citizens of Sweden or Norway, shall be held by the Norway. Govemment of the United States to be Swedish or Norwe- gian citizens, and shall be treated as such. Eeciprocally, citizens of Sweden or Norway who have lesided in the United States of America for a continuous period of at least sweden°aSd'No™w fivc ycMS, aud duriog such residence have become natural- dtlzmBrftheu^itld ized citizens of the United States, shall be held by the Gov- ^'■'■^- ernment of Sweden and Norway to be American citizens, and shall be treated as such. The declaration of an intention to become a citizen of the toS" nof T affert ouo Or thc othcr country has not for either party the effect ...ur.ii.a«o». ^j citizenship legally acquired. Article II. A recognized citizen of the one party, on returning to the territory Nat..r.iized cit of thc othcr, rcmalus liable to trial and punishment for an jenaimbisonjetoQ actiou puuishablc by the laws of his original country, and cSfJd'b°i^"'r" committed before his emigration, but not for the emigration emisation. jtsclf, savlug always the limitation established by the laws of his original country, and any other remission of liability to punish- ment. ' Article HI. 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- .e^hiS"'ii°°oris^n5 nal country, and applies to be restored to his fepmer ooMw. citizenship, the Government of the last-named country is authorized to receive him again as a citizen, on such conditions as the said Government may think proper. SWEDEN AND NORWAY, 1869. 1069 Aetiolb IV. The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United convention fouhe States on the one part and Sweden and Norway on the uvef &om °jnS other part, the 21st March, 1860, remains in force without ^o^^^^'^"^ change. . Article V. The present convention shall go into effect immediately on the ex- change of ratifications, and shall continue in force for ten Dnration of con- years. If neitherpartyshallhavegiventheothersixmonths' '™"°°- previous notice of its intention then to terminate the same, it shall farther 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, Eatification. 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, 3Iay 26, 1869. SEAL. SEAL. Joseph J. Bartlett. O. Wachtmeistbb. PEOTOCOL. Bone at Stockholm, Ma/g 26, 1869. ' The undersigned met today 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, and from Sweden and Norway to the United States of America ; on which occasion the following observations, more exactly defining and explaining the contents of this convention, were entered in the following protocol: I. Relating 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 when ho add;. other side, if a Swede or a Norwegian has been discharged JSlco't, nS"e- 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 iaiBeq)iired;,but.§' person who has in that manner been recognized as a citizen of ithe 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. 1070 TEEATIES AND CONVENTIONS. II. Eelating to the second article of the convention. If a former Swede or Norwegian, who under the first article is to be Swedes natural^ ^^^^ ^^ ^^ adoptcd citlzcn of thc United States of America, inaennlterstSL has emigrated after he has attained the age when he be- their"""oT/ina°i coffles Mablc to military service, and returns again to his i?rfin'th'eip''muitaw OHgiual couutry, 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 Ms emigration, but not for the act of emigration itself, unless thereby have been committed any pun- ishable action against Sweden or Norway, or against a Swedish or Nor- wegian 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 othel remission of liability to punishment j 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, nd Nor ^'^ further agreed that if a Swede or Norwegian, who wegT,S.rnaturaii°ed has bccomc a naturalized citizen of the United States, re- in the United Sta^B, i . ■ f • r> ' -i -v-r <*ji j_ii ■■ i ""sMSITswe'ta ^^^^ '^^^ residence in Sweden or Norway without the intent Sh uie° S? nSt to return to America, he shall be held by the Government umteTSate*?, heH of thc Uultcd States to have renounced his American citi- to renoance tlieir ^ • Americancitizen- 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. SBAx.] Joseph J. Baetlett. SEAL.! 0. WACHTMBISTBE. SWISS CONFEDERATION. 1847. CONVENTION FOE THE MUTUAL ABOLITION OF THE DROIT D'AUBAINE AND TAXES ON EMIGRATION. Concluded 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 Confe4eration, animated by the desire to secure and extend by an amicable convention therelations happily existing between the two countries, have to this effect appointed as their Pleni- potentiaries, to wit : The President of the United States of America, James Buohainan , 'Secretary of State of the United States: and the Federal Directory of the Swiss Confederation, A, 0. Cazenove, Swiss Negotiators Consul at Alexandria ; 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 power to dispose of their personal property within the juris- diction of the other, either by testament, donation, or ab in- ina/"e°disSd''& testate, or in any other manner; and their heirs, being oiti- '"'"'' """"=' ""°- zens 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 dispose of them as they may thinli proper, paying to the respective governments 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 property of absent 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 case any dispute should arise between claimants to the same succession as to the property """^ "^ *"'"'°' thereof, the question shall be decided according to the laws and by tUo , judges of the country in which the property is situated. 1071 1072 TREATIES AND CONVENTIONS. Aetiolb II. If, by the death of a person owning real property in the territory of of ^^^ ^^ ^^® ^^^ (Contracting parties, such property should «iie°hei?"w"' 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 mealsures which have been or shall be adopted by either of the icontracting countries in the interest of public morality, security, or order. Article XIII. The United States of America and the Swiss Confederation, on requi- Extradition „f sitious madc in their name through the medium of their re- criminajs spBctive Diplomatic or Consular Agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within th© 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 ih 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 Crimea. • j_ ^j, crimes, to wit : Murder, (including assassination, parricide, infanticide, and poison- ing;) attempt to commit murder; rdpe; forgery, or the emission of forged papers; arson; robbery with violence, intimidation, or forcible entry of an inhabited house; piracy ; embezzlement by public oflcers, or bj, 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 shall be made only Surrender ^^ thc authoHty of thc Executive thereof; and on the part of the Swiss Confederation, by that of the Federal Coun(^il. SWISS CONFEDERATIOK, 1850. ' 1077 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 11 i 1/ o Expenses. demand. Article XVII. The provisions of the aforegoing articles relating to the surrender of fugitive criminals shall not apply to offences committed be- ho extradition for fore the date hereof, nor to those of a political character. fi°.' ''°""''''' "" Article XVIII. The present convention is concluded for the period of ten years, count- ing from the day of the exchange of the ratifications ; and Duration or con- if, one year before the expiration of that period, neither of ""'"■""'■ the contracting parties shall have announced, by an oflcial 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. 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. [seal.] a. Dudley Mann. 'seal.] H. Druey. seAl.I F. FREY-n:fiROs:eE. TEXAS. 1838. t CONVENTION FOE THE SETTLEMENT OF THE CLAIMS AEISING FROM THE CAPTURE, SEIZURE, AND DETENTION OF THE BRIGS POCKET AND DUEANGO, AMD FOR INJURIES SUFFERED BY AMERICAN CITIZENS ON BOARD THE POCKET. Concluded April 11, 1«38 ; ratifications exchanged at Washington July 6, 1838 ; proclaimed July 6, 1838. Alc6e La Branclie, Oharg6 d' Affaires of the United States of America, Neirotiator. "^^"^ ^^^ EepuWic of Tesas, 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 agree'd to the following articles : Article I. The Government of the Eepublic of Texas, with a view to satisfy the Texa. a ree» to ^^orosaid rcclamations for the capture, seizure, and confis- MSfy°D?it8d 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 ofScers, 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. Aeticlb II. • The sum of eleven thousand seven hundred and fifty dollars, ($11,750,) Pwrnent of said agreed on in the first art[icle,] shall be paid in gold or silver, tademmty. ^f^ith. intercst at six per cent., one year afteir 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 Govern'ment of the United States of America to receive the same. Article III. The present convention shall be ratified, and the ratifications thereof uatiocation, ^^^^^ ^^ cxchanged in the city of Washington, in the space " °"'°°'' of three months' froril this d^te, 6i sooner if possible. 1078 TEXAS, 1838. , 1079 In faith whpreof 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. SEAIi.] ALCiE La BkANCHE. SEAL.] E. A. IkION. 1838. CONVENTION FOE MARKING THE BOUNDARY. Concluded April 25, 1838 ; ratifications exchanged at Washington Octoher 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 into at a time when Texas formed a part of the said United Mexican States 3 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 countires 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 Memucan Hunt its Plenipotentiary ; Negotiators. And the said Plenipotentiaries, having exchanged their full powers, have agreed upon and concluded the following articles : Aetiolb 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 ratificationis of this con- B""""!"?!™- vention, at K"ew 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, elich of the contracting Eaoh party to e, parties shall continue to exercise jurisdiction in all territory "» t n then*"™ over which its jurisdiction has hitherto been exercised; and "■"''=''• 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- 1080 TREATIES AND CONVENTIONS. 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. Aeticle III. The present convention shall be ratified, and the ratifications shall be exchanged at Washington, within the term of six months Rat.ecai.om. ^-^Qm ^jjg ffg^^g hcrcof, Or sooner if possible. In witness whereof we, the respective Plenipotentiaries, have signed the same, and have hereunto affixed our respective seals. Done at Washington this twenty-fifth 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 Eepublic of Texas. '[seal.] ' John Porsyth. 'sEAii.j Memtjoan Hunt. TRIPOLI. 179G.* TEEATY OP PEACE AND FEIENDSHIP. Concluded November i, 1796; Batification advised hy the Senate June 7^, 1797 ; proclaimed June 10, 1797. 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 suJameeoftheDey guaranteed by the Most Potent Dey and Eegency of Al- giers. Aeticle II. I 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 35„„„y,,j„„j, the other party, they shall pass free, and no attempt shall • '-"'""' '"°° '■ be made to take or detain them. Aeticle 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 erty'in°"nemy'B''vS- and the effects restored to the owners. Aeticle 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 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. Aeticle V. A citizen or subject of either party having bought a prize- vessel con- demned by the other party or by any other nation, the cer- coi.demnationaiid tificate of condemnation and bill of sale shall be a sufficient bm ^BaS i°p™«- passport for such vessel for one year ; this being a reasona- M'msspt>rt''for one ble time for her to procure a proper passport. * See Notes : "Abrogated, suspended, or obsolete treaties." 1081 1082 TREATIES AND CONVENTIONS. Article VI. Vessels of either party putting into the ports of the other, and having Vessels, potting Deed of provislons or other supplies, they shall be furnished uSfM^rovWonem ^t the market price. And if any such vessel shall so put in repairs. froHi Sb disaster at sea, and have occasion to repair, she shall be at liberty to land andreimbark her cargo, without paying any duties. But in no case shall she be compelled to land her cargo. Abticle 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 shipwseck. 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. aeticle vm. If a vessel of either party should be attacked by an enemy within gun Neutraii of orta ^^^ ^^ ^^^ ^^^^^ "^ ^^^ othcr, shc shall Tdb defended as Neutrality., porta. ^^^^^^ ^^ possiWc. If shc bc iji 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.* Aeticlb IX. The commerce between the United States and Tripoli; the protection ■ to be given to merchants, masters of vessels and seamen; Commerce. ^-^^ rcciprocal 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. . Aeticlb X. The money and presents demanded by the Bey of Tripoli, as a full and satisfactory consideration on his part, and on the part Price of peace. QfYj^g subjccts, for thls trcaty 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 Beligion ; as it has in itself Religious freedom. ^^ 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 Mehomitan nation, it is declared by the piarti&s, (that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries. ' TRIPOLI, -17«6. 1083 Article XII. 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 DLputes betwee. war be declared on any pretext whatever. But if the Con- a^iit'ikenl/ot sal residing at the place where the dispute shall happen ^"''"'■ shall not be able to settle the same, an amicable referrence 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 Barbary, the 3d day of Jumad, in the year of the Hegira 1211, corresponding with the 4th day of ITovember, 1796, by SEAL. SEAL. SEAL.' SEAL,' SEAL.' 'seal.' SEAL. SEAL. SEAL." Jtjssup Bashaw Mahomet, Bey. Mamet, Treasurer. Amet, Minister of Marine. Ambt, Chamherlain. Ally, Chief of the Divan. SOLIMAN Kaya. Galil, General of the Troops. Mahomet, Comt. of the City, Mamet, Secretary. Signed and sealed at Algiers,the 4th day of Argil, 1211, correspond- ing with the 3d day of January, 1797, by [SEAL.] Hassan Bashaw, Dey. And by the Agent Plenipotentiary of the United States of America, I [seal.] Joel Barlow. I, Joel Barlow, Agent and Consul General of the United States oi America, for the City and Kingdom of Algiers, certify and certificate or the attest that the foregoing is a true copy of thC' treaty, con- =<>py.i>yJ<>=iE«riow. eluded between the said United States and the Bey and subjects oi 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 aflSx thereto the seal of the Consulate of the United States, at Algiers, this 4th day of January, 1797. ,.] Joel Barlow. , 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 tteTreafy'iirDavid States of America, dated the 30th of March, 1795, for nego- ""™'"°^'- 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 writing under his hand and seal, dated the 10th of Feb- ruary, 1796, he did, (in coQformity^fto the authority committed methere- for,) constitute and appoint Joel Barlow, and Joseph Donaldson, junior, agents, jointly and separately in the business aforesaid : Whereas the 1084 trea!ties and conventions. 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 guarauteied by the Most Potent Dey and Eegency of Algiers : And whereas the same was certiiied at Algiers oh the 3d of January, 1797, with the signature and seal of Hassan Bashaw, 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 ar- ticle 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. [seal.] ' David Humphreys. 3805. TREATY OP PEACE, AMITY, AND COMMERCE. Concluded June i, 1805 ; ratification advised hy the Senate April 12, 1806. Article I. There shall be from the conclusion of this treaty a firm, inviolable, Peace and frieud- ^ud uulversal pcacc, aud a sincere friendship, between the shipre-estabi.8hed. Presidcut and citizens of the United States of America, on the one part, and the Bashaw, Bey, and subjects of the Eegency of Tripoli, in Barbary, on the other, made by the free consent of both parties, and on the terms of the most favoured nation. And if either party shall hereafter grant to any other nation any partic- Commerce. in • -I • ■ j.' , -i 1. 11 ular favour 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 respect- ive interests. Article II. , The Bashaw of Tripoli shall deliver up to the American squadron now pruonerstobee:;- off Tripoll all thc Amcricaus lu hls possession, and all the changed. 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 subjects in the power of the Americans to about one hundred, more or less, the Bashaw of Tripoli shall receive from the United Statefe of America the sum of sixty thousand dollars, as a payment for the dif- ference between the prisoners herein mentioned. > Article III. All the forces of the United States which have been or may be in American forces to hostlllty agalust thc Bashaw of Tripoli, in the province of be withdrawn. Dcme, Or clsc whcrc within th e dominions of the said Bashaw, shall be withdrawn therefrom ; and no supplies shall be given by or TRIPOLI, 1805. 1085 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 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 they 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 f.,^^ ,^;^, „„,,„ the other party, they shall pass free and unmolested, and no '«= e"""*'- attempts shall be made to take or detain them. Article V. If any citizens or subjects, with their 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 liber- eivoi w If tVm in ated immediately, and their effects so captured shall be """' "''"' ^' restored to their lawful owners, or their agents. "Aeticle YI. Proper passports shall immediately be given to the vessels of both the contracting parties, on condition that the vessels of war p,,,port, belonging to the Eegency 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 said vessel, without first obtaining leave from the commander of said vessel, who shall compare the passport, and immediately permit sai|d vessel to proceed on her voyage; and should any of the said subjects of Tripoli insult or mo- lest 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 belonging to the Eegency of Tripoli, on having seen her passport and certificate from the Consul of the United States of America residing in the Eegency, 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. Aeticle YII. A citizen or subject of either of the contracting parties, having bought a prize-vessel, condemned by the other party, or by any pa«p„rt, „r pri.= other nation, the certificate of condemnation and bill of '^■'^'=- sale shall be a sufficient passport for such vessel for two years, which, 1086 TEEATIES AND CONVENTIONS. considering the distance between the two countries, is no more than » reasonable time for her to procure proper passports. Aeticle VIII. Vessels of either party, putting into the ports of the other, and hav- veB.ei» may enter iDg nced of provisious Or othcr supplies, they shall be fur- JepS'rSpit'p?/- nished at the market price, and if any such vessel should so ment of duties. py^ jq^ from a disastcr at sea, and have occasion to repair, she shall be at liberty to land and reimbark her cargo without paying any duties; but in no case shall she be compelled tp land her cargo. Article IX. Should a vessel of either party be cast on the shbre of the other, all AssistanM to be P'^'^P^^ assistanco shall be given to her and her crew- No 8'^£'y°"8tr°8Bed 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. Akticle X. If a vessel of either party shall be attacked by an enemy within gun- Thetimewheii,™d shot of thc forts of thc othcr, she shall be defended as much ai^m^y^f "e»ei ^s posslblc. If she be in port, she shall not be seized or at- raay be attacked, tackcd whcu it Is lu thc powcr of the other party to protect her; and when she proceeds to sea, no enemy shall be allowed to pur- sue her from the same port within twenty-four hours after her depart- ure. Article XI. The commerce between the United States of America and theEegency Commerce and of Trfpoli; the protectlous to begivento merchants, masters Consuls. Qf vessels, and seamen ; the reciprocal right of establishing Consuls in each country, and the privileges, immunities, and jurisdic- tions to be enjoyed by such Oonsals, are declareii to be on the same footing with those of the most favoured nations, respeictively. Article XII. The Consul of the United States of America shall not be answerable Consul not liable ^ov dcbts coutracted by citizens of his own nation, unless dfizt™?"'^''"""" lie 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 Beii ousf eedo n. ^haractcr of -enmity agaitist the laws, religion, or tranquility e,8,ous ree oin. ^^ Mussclmen, and as the said States never have entered into any voluntary war or act of hostility against any Mahometan na- TRIPOLI, 1805. 1087 tion, except in the defence of their jast rights to freely navigate the high seas, it is declared by the contracting xjarties, 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. AH slaves of the same religion shall not be impeded in going to said Consul's house at hours of prayer. The ^ , ,.^ . » o , ., , ,.» , T , ... ,i Consuls at liberty Consuls shall have liberty and personal security given them «. t^'^' <"'•> "'»" to travel within the territories of each other both by land ' ""'' and sea, and shall not be prevented from going on board any vessel that they may think proper to visit. They shall have likewise the liberty to appoint their own drogaman and brokers. Aeticle 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 ^ime allowed to war be declared on any pretext whatever ; but if the Consul ttH^'J'ZXi « residing at the place whete 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 callendar 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 re- dressed, and 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. Akticle 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 oh 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 months from the time of their capture ; and that this exchange may be effected by any private individual legally authorized by either of the parties. Akticle XVII. If any of the Barbary States, or other Powers, at war with the United States of America, shall capture any American vessel, and send her into any of the ports of the Eegency of Tripoli, strtS°capturS"m.t they shall not be permitted to sell her, but shall be obliged TripoiL^NodutyS! to depart the port, on procuring the requisite supplies of «f SfSf un't'ed provisions ; and no duties shall be exacted on the sale of °'"°'' prizes, captured by vessels sailing under the flag of the United States of Amerfpa, when brought , into anysport in the EegencjjrOf Tripoli. 1088 TREATIES AND CONTENTIONS. Akticle XVIII. If aDy of the citizens of the United States, or any persons under their protection, shall have any dispute with each: other, the tiedbrtieJon-""? Consul shall decide between the parties, and whenever the Consul shall require any aid or assistance from the Govern- ment of Tripoli to enforce his decisiotis, it shall immediately be granted to him, and if any dispute 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 dispute shall be settled by the Consuls or Agents of the respective nations. AktiCle XIX. If a citizen of the United States should kill or wound a Tripoliue, or, on the contrary, if a Tripoliue shall kill or wound a citizen vaKS'^Varj to of thc Uultcd Statcs, the law of the country shall take place, hgra,cidM. ^^^ 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 tor him in any manner whatever. Article XX. Should any citizen of the United States of America die within the Estate, of dece- IJmits of tfac Ecgeucy of Tripoli, the Bashaw and his sub- dent.. jects shall not interfere with the property of the deceased, but it shall be under the immediate direction of the Consul, 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. Ifeither 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 ^Itegency 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, 1803, for negociating and con- cluding a treatj' of peace between the United States of America, and the Bashaw, Bey, and subjects of the Eegenoy 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 Lear. Having appeared in our presence, Colonel Tobias L^ar, Consul-Gen- eral of the United States of America, in the Eegency of xilgiers, 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 ^vithin articles, they were by TRIPOLI, 1805 1089 US minutely examined, and we do hereby accept, confirm, and ratify them, ordering all our subjects to fulfill entirely their contents without any violation, and under no pretext. In witness whereof we, with the heads of our Eegenoy, subscribe it. Given at Tripoli, in Barbary, the sixth day of the first month of Eab- bia, 1220 corresponding with the fourth day of June, 1805. 'seal.] Jusiip Cakamahlt, Bashaw. SEAL.] Mohamet Gaeabnamly, J5ey. SEAL.' Mohamet, Kahia. SEAL.' Hamet, Eais de Marine. SEAL. Mohamet Dghies, First Minister. SEAL," ■ i^ALAS, Aga of Divan. SEAL,] Selim, Sasnadar. SBAL.J Mubat, Bvlartile. • SEAL.] MuEAT Eais, Admiral. SEAL.' SOLIMAW, Kehia. SEAL. Abdalla, Basa Aga. SEAL.' Mohamet, Scheig al Belad. SEAL.] Alli Ben Diab, Mrst Secretary. 3769 TE- -69 TUNIS. 1797. TEEATY OF PEACE, FEIENDSHIP, COMMERCE, AND NAVIGATION. \ Concluded August, 1797, March 26, 1799 ; ratification advised by the Sen- ate December 25, 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, Selim 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 Justice, the Emperor of Emperors. The Most Jllustrious 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, the 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. We have concluded between us the present treaty of peace and friend- ship, all the articles of which nave been framed by the intervention of Joseph Stephen Famin, French merchant residing at Tunis, Charg6 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. Akticle I. There shall be a perpetual and constant peace between the United Deciara t i o n o I Statcs of AmcHca 0,116. the Magnificent Pach^, Bey of Tunis ; »mity. and also a permanent friendship, which shall more and more increase. Aktiole II. If a vessel of war of the two nations shall make prize of an enemy's Restoration of sub- v^sscl, lu which may be found effects, property, and sub- jects aid goods, jggijg gf ^]jg ^^q coutracting partios, the whole shall be re- stored : 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. TUNIS, 1797. 1091 AETIOLE III. Merchandise belonging to any nation which may be at war with one of the contracting parties, and loaded on board of the ves- sels of the other, shall pass without molestation, and with- b£fiTnB^\°^tll out any attempt being made to capture or detain it. , """" '° "" ''"' Article IV. On both sides sufficient passports shall be given to vessels, that they maybe known and treated as friendly; and, considering \ the distance between the two countries, a term of eighteen '■"•i»™- months is given, within which term respect shall be paid to the said passports, without requiring the cong6 or document, (whiQh, at Tunis, is called testa,) but after the said term the cong6 shall be presented. Aeticlb V. If the corsairs of Tunis shall meet at sea with ships of war of the United States, having under their escort merchant-vessels of their commander of > .nation, they shall not be searched or molested; and in such Jponl^worfrn'o",? cas6 the commanders shall be believed upon their word, to ftL'°Beareh"""Jd exempt their ships from being visited, and to avoid quaran- '""'"om- tine. The American ships of war shall act in like manner towards merchant-vessels escorted by the corsairs of Tunis. Aktiole VI.* If a Tunisian corsair shall meet with an American merchant- vessel, and shall visit it with her boat, she shall not oxact any- ^^^^^ tob.«x thing, under pain of being severely punished. And in like acted' ooMoount'oi 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 re- stored; and if any of their prisoners shall escape on board and°p'risVnl?s'trbe the Tunisian vessels they shall be restored. But if any slave shali 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 returaed, or his ransom shall be paid. Aexiolb VIL An American citizen having purchased a prize vessel from our Odgiak, may sail with our passport, which we will deliver for the rThe,^„\,,ho« 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. * This article is amended by the Convention of February 24, 1824. 1092 TREATIES AND CONVENTIONS. Article VIII. If a vessel of oue of the contracting parties shall be obliged to enter veaseis "^^'^ ^ P*''^* ^^ ^^^ other, aucl may have need of provisions ™te?"!>r""br''Bu'^ and other articles,, they shall be granted to her without piies and repairs. ^^ diflculty, at tile prfce current at the place' ; and if such a vessel shall have sufiered 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. Aeticle 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 Shipwrecks. ^^ ^^^ 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. Aeticle X. In case a vessel of one of the contracting parties shall be attacked by Nentraiity to be ^11 cucmy uudor thc caunou of the forts of the other party, enforced. g]jg ghall bo defeudcd 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. Aeticle XI.* When a vessel of war of the United States of America shall enter the port of 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 a»d 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. Aeticle XII.* When citizens of the United States shall come within the dependen- Merchimts may ciBS of Tuuis, to Carry on commerce there, the same respect ^eivS^nnd'ha™'": shall bc paid to them which the merchants of other nations terpreter,, cujoy; aud if thcy wish to establish. themselves within our ports, no opposition 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 de- pendencies of the United States, he shall be treated in like manner. "Articles XI and XII are amended by tlie Couvention of February 24, 1»24. TUNIS, 1797. 1093 ' If any Tunisian subject shall freight an American vessel and load her with merchandise, and shall afterwards want to unlade or ^^^_^^ _^^^^^^ ship them on board of another vessel, we will not permit freS^IVimS him, until the matter is determined by a reference of mer- "w M^he 111- chants, who shall decide upon the case; and after the de- cision the determination shall be conformed to. No captain shall be detained in port against his copsent, except when our ports are shut for the vessels of all other nations, which captain, not k. b. may take place with respect to merchant- 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 .^ j. ^^ ^ of the place where they may be, and no other person shall aubSorVe pV° have authority over them. If the commandant of the place "^°' does not conduct hi-mself agreeably to justice, a representation of it shall be made to us. In case the Government shall have need of an American merchant- vessel, it shall cause it to be freighted, and then a suitable ^^^ ^^ freight shall be paid to the captain agreeably to the inten- TSa^mw "VreisM 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 Enemy-a suwecta made slaves, on condition that they do not exceed a third °? th°e"ptr'ite7m°ad8 of the crew ; and when they do exceed a third, they shall be ''''"^'• made slaves : The present article only concerns the sailors, and not the passengers, who shall not be in any manner molested. Article XIY.* 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 American soodaon shall pay six per cent, duty : In like manner, if a foreign fS3 ^f^t ""^ merchant shall bring the merchandise of his country under the American flag, he shall also pay six per cent. duiyinxunia Ainerican ' vessela to pay 6ix per ceot. Article SV. It shall be free for the citizens of the TJnited 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 >nerce° coVaS othernations; but they shall not carry on commerce in wine, °'°°'"° 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 • This aiticlb is amended by the Convention of February 24, 1824. , 1094 TREATIES AND CONVENTIONS. 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 oflfender, who shall be demanded to be punished. 2^0 captain shall be obliged to receive merchandise on board his vessel, asterao ve..ei». ^^^ ^^ uulado the samc against his will, until the freight shall be paid. Abticlb 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 Anchorage.. ^^ Tuuls, shall bc obligcd to pay the same anchorage for 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. Article XVII. Each of the contracting parties shall be at liberty to establish a Oon- coMuia '^^ ^^ *^® 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 hisyGovernmeut 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 XVIII. If the subjects or citizens of either of the contracting parties, being Subject, cnnt^ac^ withlu the possesslons of the other, contract debts, or enter medebta. jjj^q obligatious, ucither 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. Article XIX. In case of a citizen or subject of either of the contracting parties dying Effects 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 ; iand the Government of the place shall have nothing to do therewith. And if there shaU 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 feUow-citi- conaui'B jnriadic. zBus Or subjccts, as also between all other persons who may "°°- beimmediatelyunderhisprotection; andinallcaseswherein he shall require the assis'tance of the Government where he resides to sanction his decisions, it shall be granted to him. TUNIS, 1797. . 1095 Article XXI. If a citizen or subject of one of the parties shall kill, wound, or strike a citizen or subject of the other, justice shall be done ac- p„„iBi,mei>tfori«i. cording to the laws of the country where the offence shall '"m' »«»>""•• 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. Aetiole 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 Con- ' i" n n J3 ±.' ^ j»T'i' 1 111 Disputes between sul, or of a confidential person of his choice, who shall rep- "«iiiect» or the two resent him, and endeavor to accommodate the difference °^"°°°' which may have happened between the citizens or subjects of the two nations. Aeticle XXIII. If .any difference or dispute shall take place concerning the infraction of any article of the present treaty on either side, peace and i„ „,„ „f national good harmony shall not be interrupted, until a Iriendlyap- SS °to '6e°S: plication shall have been made for satisfaction; and resort '^^^f ^'"^ '^ shall not be had to arms therefor, except where suchappli- """• 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 Det'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.J eighteenth day of December, one thousand seven hundred and ninety-eight, vested Eichard O'Brien, William Baton, 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, TvCjthe 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 1096 TREATIES AND CONVENTIONS. 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 bf 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 Baton. Jakes Leander Cathcaet. 1824. CONVENTION TO ALTER ARTICLES OF TREATY OP PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION OF AUGUST, 1797. Concluded February 24, 1824 ; ratification advised iy the Senate 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 Eebia 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, Charg6 d' Affaires 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 the 6th — As it was. If a Tunisian corsair shall meet If a Tunisian corsair shall meet Nottin to be ei ^^^^ ^^ Amcricau ves- with an American merchant vessel, acte°doS'aSo«n"i scl, Bud shall vlsit it and shall visit it with her boat, she Tisita at sea. with her boat, two men shall not exact anything, under only shall be allowed to go on pain of being severely ^^^^^^ ^^ ^ ^^ board, peaceably, to satisfy them- punished. Aud,inlike >«?d»n''«Mouutof selves of its being American, who, manner, if a vessel of ■""'""°°- as well as any passengers of other war of the United States shall meet nations they may have on board, with a Tunisian merchant vessel, shall go free, both them and their she shall observe the same rule, goods; and the said two men shall In case a slave shall take refuge notexact anything, on pain of being on board of an American vessel of^ severely punished. war, the Consul shall be required In case a slave escapes, and takes to cause him to be re- . . , « ij j_-i -■-#. > Fugitive alaTM and siavea eBcaping to Teiuge On board an stored; and if any of pmrne™ » ^e re- be free. Amcrfcan vessel of their prisoners shall """^ war, he shall be free, and no de- escapeonboard of the Tunisian ves- TUNIS, 1824. 1097 mand sball be made either for his sels, they shall be restored; but if restoration or for payment. 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. Abticle the jLlth — As it now is. Abtiole llth-^As it was. 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 gun only, and no powder will be given, as mentioned in the ancient eleventh article of this treaty, which is hereby annulled. When a vessel of war of the United States of Amer- ^^^^^ ica shall enter the port of Tunis, and the Consul shall re- quest- 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 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. When citizens of the United Merchant, w Statcs shall come wlth- SKd'hi'S: in the dependencies of terpreiers. Tuuls to Carry on com- merce there, the same respect shall be paid to them which the mer- chants of other nations enjoy; and if they wish to establish themselves withinour ports, no opposition shall be made thereto, and they shall be free to avail themselves of such in- terpreters as they may judge nec- essary, 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 Tanwan .nbiect. freight an Amcrican ^^"^"aJfct vessel, and load her ryoutth. contract ^jjjj merchaudise, and shall afterwards want to unload. Article 12th — As it was. When citizens of the United States shall come with- Merchant, ma, in the dependencies of Sfo'.Tnd"have'iS: Tunis to carry on com- ^'"^''■ merce there, the same respect shall be paid to them which the mer- chants 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 in- terpreters as they may judge nec- essary, 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 Tum.,a>. .nwect. vessel, and load her JrS m^lt^cIJ: with merchandise, and '^ °"' "■= "°°"'"'- shall afterwards want to unlade or 1098 TREATIES AND CONVENTIOITS. or ship them ou 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 Captain, .ot to b, port Egaiust his con- detamedmport. SBUt, BXCCpt WhCn OUr ports are shut for the vessels of all other nations, which may take place with respect to merchant vessels, but not to those of war. The subjects and citizens of the two nations, respect- Protection of the . . ™, . '. ■*■ , .ubjectB of ths par- ivcly, Tuuisians and Americans, shall 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 Tu- nis shall have need of Government of Tu- . . , i « oiamayfreightAmer- au Amexican vcsscl for icnn vessels. . , • ■• -> its service, such vessel being within the Eegency, and not previously engaged, the Govern- ment shall have the preference, on its paying the same freight as other merchants usually pay for the same service, or at the like rate, if the service be without a customary precedent. Article the 14th — As it now is. All vessels belonging to the citi- Beci rocai tradb ^^^^ '^^^ Inhabitants eciproca tra b. ^^ ^^^ UnitCd StatCS 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 ship them on board of another ves- sel, we will not permit him, until the matter is determined by a ref- erence of merchants, who shall de- cide upon the case ; and after the decision the determination shall be conformed to. No captain shall be detained in port against his con- o.ptaip,„„t«.b. sent, except when our ^=«"™'!'" tort- ports are shut for the vessels of all other nations ; which may takeplace with respect to merchant vessels, but not to those of war. The subjects of the two contract- ing Powers shall be J , -i , , . Protection of the under the protection anMects of the par- of the Prince, and un- der the jurisdiction of the chief of the place where they may be, and no other person shall have author- ity over them. If the Command- ant of the place does not conduct himself agreeably to justice, a rep- resentation of it shall be made to us. In case the Government shall have need of an Amer- 1 , 1 , Government of Tii- ICan merCnant vessel, nismayfreiehtAmer- 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 ca/ptain shall not refuse it. Article 14th — As it was. A Tunisian merchant, who may go to America with a . ,, . *-'-,. , . Reciprocal duties. vessel ol any nation soever, loaded with merchandize, which is the production 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 merchandize of their country, which they may bring to Tunis, under their flag, the same duty as the Tunisians pay in America. TUNIS,- 1824. 1099 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. American goocls on foreign vesseliD and foreign goods on American veasela to pay Bix per cent, duty in 'funis. But if an American merchant, or a merchant of any other nation, shall bring American merchandize 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 Tnnis, the 24th day of the moon jumed-teni, in the year of the JETegira 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. SEAL. SEAL. D. Heap, Charge d' Affaires. SlDI Mahmoud. TWO SICILIES. 1832. CONVENTION FOR THE SETTLEMENT OF CLAIMS GROWING OUT OF THE DEPREDATIONS INFLICTED UPON AMERICAN COMMERCE BY MUEAT DURING THE YEARS 1809, 1810, 1811, AND 1812. Concluded October 14, 1832; ratifications escclianged at Naples 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, seiz- ures, confiscations, and destruction of their vessels and cargoes, during the years 1809, 1810, 1811, and 1812, and His Sicilian Majesty desiring thereby to strengthen with, the said Government the bonds of that har- mony, not hitherto disturbed : The said Government of the United States and his aforesaid Majesty the King of the Kingdom pf 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 said States, and their Oharg6 d'Affaires near His Majesty the King of the Kingdom of the Two Sicilies ; and his Maj- Neeotiatora. esty, His ExcsUency D. Antonio Maria Statella, Prince of Cassaro, Marquis of Spaccaforno, Count Statella, etc., etc., etc.,. his said Majesty's Minister Secretary of State for Foreign Afl:airs, etc., etc. ; Who, after the exchange of their respective full powers, found in good and due form, have agreed to the following articles : Aeticle I. His Majesty the King of the Kingdom of the Two Sicilies, with a view to satisfy the aforesaid reclamations, fbr the depredations, seques- paynie»t to b« tratious, confiscatious, and destruction of the vessels and rlm«?^"°pr™ cargoes of the merchants of the United States, (and for erty. evcry expense of every kind whatsoever incident to or growing out of the same,) inflicted by Murat during the years 1809, 1810, 1811, and 1812, obliges himself to pay the sum of two millions one hundred and fifteen thousand Ifeapolitan ducats to the Government of the United States; seven thousand six hundred and seventy-nino 1100 TWO SICILIES, 1835. 1101 ducats, part thereof to be applied tp reimburse the said Government for the expense incurred by it in the transportation qf American sea- men from the Kingdom of Naples, during the year 1810, and the resi- due to be distributed amongstvthe claimants by the said Government of the United States, in such manner and according to such rules as it may prescribe. Article II. The sum of two millions one hundred and fifteen thousand Neapolitan ducats agreed on in article the 1st, shall be paid in Naples, Tobe paidm -me in nine equal installments of two hundred and thirty- five »9">ii°»'»ii''»=°"- 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, untill 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 in- terest, successively, one year after another. The said payments shall be roade in Naples into the hands of such person as shall be duly author- ised by the Government of tiie United States to receive the same. AETICLE III. The present convention shall be ratified and the ratifications thereof shall be exchanged in this capital, in the space of eight months from this date, or sooner if possible. In faith whereof the parties above named have respectively sub- scribed these articles, and thereto affixed their seals. Done at Naples on the 14th day of October, one thousand eight hun- dred and thirty -two. SEAL. SEAL. Jno. Nelson. The Pkince op Cassako. 1835. AERANGEMENT PROVIDING FOR THE RECEPTION IN ONE PAYMENT OF THE BALANCE OF THE INDEMNITY REMAINING UNDER THE CONVEN- TION OP OCTOBER 14, 1832. Concluded December 26, 1835. The claimants entitled to indemnity by the award of the Commission- ers under the Convention with the Kingdom of The Two Sicilies, con- cluded on the fourteenth of October, eighteen hundred and thirty-two, having agreed to an arrangement proposed by the Consul-General of the King of 'The Two Sicilies, to receive in full payment of the bal- ance of the indemnity remaining unpaid under said convention, one million five hundred thousand Neapolitan ducats, to be paid in Naples, on the eighth day of February, eighteen hundred and thirty-six ; and having authorised and requested the Government of the United States to adopt the measures necessary to accomplish that object ; the President of the United States has empowered and di- "=«<"'«''"■ rectod the Secretary of State to make with the Chevalier Morelli, who 1102 TEEATIES AND CONVENTIONS. has the instructions and powers of his Government for that purpose, the following arrangement : On the deposite in the Treasury Department by the claimants under the Treaty of Indemnity of their several certificates, the Secretary of the Treasury wiU give directions to the agent of the United States, to Money to be paid applj iQ ^aplcs for ono million five hundred thousand N^ea- Febraarr8,i836. politau ducats, ou Or after the eighth day of February, eighteen hundred and thirty-six, to His Sicilian Majesty's Government, which, if paid, will be considered by the United States as a full and complete execution of the said treaty. The said one milUon five hun- dred thousand ducats shall be distributed pro rata among trib°°eT "amoj'i thc clalmauts, according to the amount of their certificates ciaimiint. pro rata. ^^ ^^^ Treasury Department, as the several instalments would have been paid if this arrangement had not been made. The certificates shall be delivered to His Sicilian Majesty's Government, or such other disposition made of them as it shall direct. If the said sum of one million five hundred thousand Neapolitan ducats shall not be paid within forty-eight hours after the demand so as aforesaid to be made by the agent of the United States at Naples, this arrangement shall be void and of no effect. Signed at the city of Washington, on the twenty-sixth day of Decem- ber, A. D. 1835, by John Forsyth, Secretary of State, on the part of the United States, and the Chevalier Morelli, on the part of His Maj- esty the King of the Two Sicilies. John Foesyth, Secretary of State of the United States. The CHEVAilEE DOMINIOO MOEELLI, His Sicilian Majesty's Consul- General at the United States. 1845.* TREATY OF COMMERCE AND NAVIGATION. Concluded December 1, 1845; ratifications exchanged at Naples, June 1, 1840 ; 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- te[a]ining 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 negotiations 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, WiUiam H. J»olk, Charg6 d' Affaires of the same United States .of America to Negofato... ^j^^ ^^^^ ^^ g.^ Majcsty the King of the Kingdom of the Two Sicilies ; and His Majesty the King of the Kingdom of the Two Sicilies, D. Giustino Fortuoato, Knight Grand Cross of the Eoyal Mili- tary Constantinian Order of St. George, and of Francis the 1st, Minis- ter Secretari[y] of State of His said Majesty ; D. Michael Gravina and Kequesenz, Prince of Oomitini, Knight Grand Cross of the Eoyal Order of Francis the 1st, Gentleman of the Chamber in Waiting, and Minister " See Notes: "Abrogated, suspended, or obsolete treaties." TWO SICILIES, 1845. 1103 Secretary of State of his said Majesty ; and D. Antonio Spinelli, of Scalea, Commander of the EI. Order of Francis the Ist, Gentleman of the Chamber of His said Majesty, Member of the General Consulta, and Surintendant-General of the Archives of the Kingdom ; Who, after having each others exchanged their full powers, found in good and due forme, 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 Freedom of com- ^ . ., . ^ - marce and na?iga- Sicilies. tion. No duty of customs, or other impost, shall be charged upon any goods the produce or manufactuye of one country, upon ^o dismmmatiM importation by sea or by land from such country into the Sn^iiy^T °'m- 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 Most avored na- 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 concessions shall have been conditional. Aetiolb II. All articles of the produce or manufacture of either country, and of their respective States, which can legally be imported into ^^ aummination either country from the other, in ships of that other country, rad»^es!|pbJok^ and thence coming, shall, when so imported, be subject to " the same duties and enjoy the same privileges, whet[h]er imported in ships of the one country or in ships of the other; and, m like manner, all goods which can legally be exported or re-exported from either coun- try to the other, in ships of that other countrj', shall, when so exported or re-[e]xported, 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. Aeticlb III. No duties of tonnage, harbour, light-houses, pilotage, quarantine, or other similar duties, of whatever nature, or under whatever »„ discrtai-atioD denomination, shall be imposed in either country upon the i,"ad'°iShouse"'d'„': vessels of the other, in respect of voyages between the 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 iniposed in the like cases on national vessels. Aetiole 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 <=oa.tmB trade. the States of either contracting party, such navigation and trade being 1104 TREATIES AND CONVENTIONS. reserved exclusively to national vessels. Vessels of either country shall, however, be permitted to load or unload the whole or part of their 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. Aetiole V. Neither of the two Governments, nor any corporation or agent acting in behalf or under the authority of either Government, shall, in purchase of im- lu tho purchasc of Auj articlo which, being the growth- ports on account of, e j. j} a.i 2. t n t_ • nationality oivesseiB producc, OT mauufacture of the one country, shall be im- import,n6.ame. ported luto tho othor, give, directly or indirectly, any, pri- ority or preference on account of or in reference to the national char- acter of the vessel 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. Aeticle VI. The high contracting parties engages, in regard to the personal privi- RiebtofcitiieMoi leges, that the citizens of the United States of America am! "Sfn'Sl shall eujoy in the dominions of His Majesty the King of the tory of the other. Klugdom of ths Two SiciUcs, 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 par,ties, subject to the same precautions of police which are practiced towards the subjects or citizens of the most favoured na- tions. They shall be entitled to occupy dwellings and warehouses, and to dispose of their personal property of every kind and descrip- Peraonftl property ... t .5".. i .i\ • .i t . maybe diepoBed ot tion, by salc, gilt, cxchangc. Will, Or lu any other way what- bymiiorotherw.ee. g^gj,^ wMthout thc smallcst hiudrauce or obstacle; and their heirs or representatives, being subjects or citizens of th^ 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 sub- ject to pay in like cases. And in case of the absence of the heir and Property of absent reprcscntative, such care shall be taken of the said goods heixB. as would be taken of the goods of « native of the same coun- try 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 pretense whateve*, 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 shall be exempt from all military service, whether by land or by Exemptions from ^^^ ' ^"^^"^ forccd loaus, and from every extraordinary con- ™MS''Sicea°n'd tcibutiou uot general and by law established. Their dwell- ings, warehouses, andallpremisesappa[e[rte[a]iningthereto, destined for purposes of commerce or residence shall be respected. No TWO SICILIES, 1845. ilUO arbitrary search of or or visit to their houses, and -no arbitrary exami- nation or inspection whatever of the books, papers, or ac- ^^^^^^ ^^ ^^ ^ counts of their trade, shall be made, butsuch measures shall orex'aminauonofpi.- be executed only in conformity with the legal sentence of a ""'; competent tribunal ; and each of the two high contracting parties en- gages that the citizens or subjects of the other, residing in security to persons their respective States, shall enjoy their property and per- ""' '"■>»'"''• sonal security in as full and ample manner as their own citizens or sub- jects, or the subjects or citizens of the most favoured nations. Articbe VII. The citizens and the subjects of each of the two high contracting parties shall be free in the States of the other to manage their own afi'airs themselves, or to commit those affairs to 7,en8"ofo5e°ii°tionta the management of any persons whom they may appoint as otherTbusUss'at their broker, factor, or agent: nor shall the citizens and '^"'' subjects of the two high 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 toghether, and to fix the price of any goods or merchandise imported into or to be exported from the 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 interven- tion of any special agents in the States and dominions of the high con- tracting parties. Article YIII. Bach 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 submit- ted in the same place. The said Consuls, Vice-Consuls, and Commercial Agents are author- ized to require the assistance of the local authorities for the . ^^.^^^^ ^^^ search, arrest, detention, and imiirisonment of the deserters »uts"&'Sanee°oi 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 the said deserto[e]rs, proving, by the exhibition of the registres 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 ^^""i^- those who shall claim tliem, 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 3769 TE 70 1106 TREATIES AND CONVENTIONS. not defrayed by the-party causiDg 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 sentence shall have been carried into effect. Aeticle IX. If any ships of war or merchant yessels be wrecked on the coasts of the States of either of the high contracting parties, such Shipwreck!. siiips or vessels, or any parts thereof, and all furniture and appa[u]rtenances 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 pa- pers found on board such wrecked ships or v-essels, shall be delivered to the American or Sicilian Consul or Vice-Oonsul in whose district the wreck may have taken place; and such Consul, Vice-Consul, proprie- tors, 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 merchandise 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. Aeticle X. The merchant vessels of each of the two high contracting parties, v=.eei8 forced b ^'^ich may bo forced by stress of weather or other cause .trem'oVweMherin- Into ouc of thc ports of thc othcr, shall be exempt from all to ports. ^^^^y ^^ p^^j. ^^ 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 merchandises; Loadingor unload- pt bclng] wbU undcrstood, however, that the loading or n?t'°cSLroTlf,i unloading, which may regard the subsistence of the crew, BWMi. commerce, qj. neccssary for the reparation of the vessel, shall not be considered operations of commerce, which lead lothe payement of duties, and that the said vessels do not stay in port beyond the time necessary, keeping in w[v]iew the cause which led [to] taking refuge. Aeticle XI. To carry always more fully into effect the intentions of the two high Difference of dmj coutractiug partlcs, they agree that every difference of duty, I erence o n j. ^jjg^j^gp q£ ^j^g ^^j^ pgj. ggjj^_ qj. othcr, establishcd in the respective States, to the prejudice o:^ 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 Ist article of the present treaty, as well on the pro- ductions of the soil and industry of the Kingdom of the Two Sicilies, i which therefrom shall be imported in [to] the United States of America, TWO SICILIES,S.1855. i 1107 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[to] the ports of the other, shall not be subject to greater duties than those which shall be imposed on the like productions of the most favoured nations, so the red and white wines of the Kingdom of the Two Sicilies of every 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, 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. Aeticle 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 either of the high contracting parties shall have given ""™"°° »"-"='• notice to the other of its intention to terminate the same ; each of the said high 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. Aeticle XIII. The present treaty shall be approved and ratified by the President of the United States of America, by and with the advice and coosent of the Senate of the said States, and by His Majesty R^'-ac^"""' the King of the Kingdom of the Two Sidilies, 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 Plenipotentiair[iJes have signed the same and have affixed thereto the seal[sl of their arms. Done at Naples the'first of Ui[e]cember, in the year one thousand eight hundred and forty-five. • 'seal." SEAL. SEAL. SEAL. WiLLTATvr H. Polk. GlUSTINO FOETtmATO. IL Peincipe di Gomitini. Antonio Spinelll 1855.* CONVENTION EELATiyE TO THE EIGHTS OP NEUTEALS AT SEA. Concluded Jcmuary 13, 1855 ; ratifioations exchanged at Washington July 14, 1855 ; proclaimed July 16, 1855. The United States of America and His Majesty the King of the King- dom of the Two Sicilies, equally animated with a desire to maintaip and to preserve from all harm the relations of good understanding which * See Notes : "Abrogated, suspended, or obsolete treaties." 11,08 TREATIES AND CONVENTIONS. bave at ^11 times so happily subsisted between themselves, as also be- tween 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 full powers Negotiators. ^^ Eobert Dalc Owen, Minister Eesident at Naples of the United States of America; and His Majesty the King of the King- dom of the Two -Sicilies has conferred like powers on Mr. Louis Ca- rafa della Spina, of the Dukes of Traetto, Weekly Major-domo of His Majesty, Commeiidator of His Eoyal Order of the Civil Merit of Francis the First, Grand Cross of the distinguished El. Spanish Order of Charles the Third, Great Of&cer of the Order of the Legion d'Honneur, Grand Cross of the Order of S. Michael of Baviera, Grand Cross of the Flor- entine 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 Brasiliau Order of the Eose, provisionally 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- Free Mps make tablc tlic followiug priuciples, to wit: 1st. That free ships freewods. 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 fl^ee 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 subject to con- Be»trai property, gggg^j^j^jj ynjess thc samc bc coutraband of war. They en- gage 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 understandin a. "^t®™'^ Understanding as circumstances may require with to'^'appSi™* of regard to the appli,cation and extension to be given, if there the.e principle.. ^^ auy causc 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 other nntioM may shall Or may consent to accede to the rules of the first arti- aceedetothiatreaty. clc of tMs couvention, 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. 'U. TWO SICILIES, 1855. 1109 Aeticle 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 hy His Majesty the King of the Kingdom of the Two Sicilies ; and the rat- ifications 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 Ifaples, thirteenth of January, eighteen hundred and fifty- five. SEAL. SEAL. EooBEET Dale Owen. LuiGi Cakapa. 1855.* CONVENTION OP AMITY, COMMERCE, AND NAVIGATION, AND FOR THE EXTRADITION OF CRIMINALS FUGITIVE FROM JUSTICE. Concluded October 1, 1855 ; ratifications exchanged at Naples 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 intercourse 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 re- ciprocity, 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 purpose, they have re- spectively 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 egotmtor.. 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 Plorentine* 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 BraiZihan Order of the Eose, charged provisionally with the Portfolio of Foreign Affairs ; and Don Michael Gravina e Eequesenz, Prince of Comitinijhis 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 * See Notes: "Abrogated, siispeuded, or obsolete treaties." 1110 TREATIES AND CONVENTIONS. following orders, namely : of Leopold of Austria, of the Eed Eagle of Prnssia, 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 th'e.Grand Court of Accounts ; And the said Plenipotentiaries, after having exchanged their respect- ive full powers, found in good and due form, have concluded and signed the following articles : Abticlb I. It is the intention of the two high contracting parties that there shall Declaration of ^6, aud continuc through all time, a firm, inviolable, and .mity. universal ^eace, and a true and sincere friendship, between them and between their respective territories, cities, towns, and people, without exertion of persons or places. But if, notwithstanding, the withdrawaiof r ^^^ uations should, unfortuiiately, become involved in war, BOM"aii?rprop»w 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 hinddrance 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 suf&cient 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 n. Considering the remoteness of the respective countries of the two contracting parties, and the uncertainty resulting therefrom, ^ith 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 i 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 shipa sufiBlciently near, there is evident danger in entering. TWO SICILIES, 1865. 1111 AKTICLE 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 snob oo„trabaDi cannot be conveyed to the countries, cities, places, or seaports of their enemies, have declared and agreed that under the name of contraband 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 instruments 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- fiscation, either on the vessel on which it shall have been sooS'nSt "forfeited loaded, or on the merchandise forming the rest of the cargo '""'""'"°''=""""'- of said vessel, whether the said merchandise belong to the same or to a diflerent owner. Aetiole IV. The citizens and subjects of each of the high contracting parties shall have free and undoubted right.to travel and reside in the Rightofcitoensof States of the other, remaining subject only to the precau- Zl ?Sld2 S S 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 from all military service, whether by land or sea, from all ma^^^l'Si'J'md billeting of soldiers in their houses, from every extraordi- 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 busi- _ 1 , . , . /, ... , . Search of houBea ness, and no arbitrary examination or inspection whatever otexamiuationofpa. of their books, papers, or accounts of trade, shall be made ; "''"' but 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 per- security to per- sonal security, in as full and ample a manner as their own """'"ifopBto. citizens or subjects, or the citizens or subjects of the most favored na- tions. Aeticle 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 '^ns'ofonrnaHonin warehouses, and to dispose of their property of every' kind, MherTbuTin™'af- whether real or personal, by sale, gift, exchange, or in any "*''' other vray, without hinderance or obstacle. And they shall be free to 1112 TREATIES AND CONVENTIONS. manage their own affairs themselves, or to commit those affairs to per- sons whom they may appoint 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 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 r&ay require the in- tervention of special agents, or where, in either of the countries, articles may be the subject of a Government monopoly, as at present in the Kingdom of the Two Sicilies the royal monopolies of tobacco, salt, play- ing cards, gunpowder, and saltpetre. It being expressly understood, however, that none of the provisions Patent. "^ ^^^ prcscnt treaty shall be so construed as to take away "«■>«» ^jjg right of either of the high contracting jiartifes to grant patents of invention or improvement, either to the inventors or to others, and that the principles of reciprocity established by this treaty shall not extend to premiums which either of thehigh 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 YII. As to any citizen or subject of either of the high contracting parties soccessiontoprop.. dying withiu 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 ab intestato ; 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 propertyofobsent thc couutry Itsclf J thc rcspectlve Consular Agents having heirs. notice from the competent judicial authorities of the day and hour in which tbey will jiroceed 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 liereditary effects of their countrymen, which shall be immediately de- livered 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 b(B finally decided by the laws and judges of the land wherein the said Trial of ea,^., PFopcrty is. Aud the citizens and subjects of either of the contracting parties in the States of ^the other shall havefree 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 citi- zens or subjects ; and they may employ, in defence of their interests and ■ rights, such advocates, attornies, and other agents, being citizens or subjects of the other, as they may choose to select. two sicilies, 1855. 1113 Article VIII. There shall be, between the territories of the high contracting par- ties, reciprocal liberty of commerce and navigation ; and to commerce and that effect the vessels of their respective States shall mutu- ""i^"''""- ally have liberty to enter the jports, places, and rivers of the territories of each party wherever national vessels arriving from abroad are per- 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 admitted by each of the parties, accord- Natio-ai character ing to its own laws and special rules, by means of papers •>'^"'^^'- 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. 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 n„ discrimination thence,, and to deposit and store there, every sort of goods, Sid^ta^"!;;;*,": "wares, iand merchandise, from whatever place the same may """ »'"' ""■""■"• come, the importation and exportation of which are legally permitted in the respective 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 pro- ducts 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 im- ported or exported in their own vessels shall be allowed, also, on similar produce imported or exported in vessels of the other party. Article XL TSo priority or preference shall 'be given, directly or indirectly, by either of the contracting parties, nor by any company, cor- poration, or agent, in their behalf, or under their authority, m purcbaeTof 'im. in the purchase of any article of commerce lawfully imported S>amy°STMei on account of or in reference to the character of the vessel ""''°"'"""°'=- in which such article was imported ; it being the true intent and mean- ing of the contracting parties that no distinction or difference shall be made in this respect. 1114 TREATIES AND CONVENTIONS. Aeticlb XII. The principles contained in the foregoing articles shall be applicable Application of fore- JQ ^11 thcir extcnt to vessels of each of the high contracting loin, articles. partics, and to their cargoes, whether the said vessels arrive from the ports of either of the contracting parties, or from those of any other foreign country, so that, as far as regards dues of navigation or of 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 pishsries and t^o coasting tradc from one port to another in each country, coaatins trade. whcthcr for passcngers 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. Aeticlb xiy. No higher or other duty shall be imposed on the importation, by sea .vo d,acriminatin, Or laud, luto thc Unitcd States, of any article the growth, SM°°ty"o?°'im! produce, or manufacture of the Kingdom of the Two Sicilies, '"'"'• or of tier 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 No diacriraination Statcs ou the cxportatlou of any article to the Kingdom of in export duties. |;]jg ij^q Sicilics, Or 1X1 the Kingdom of the Tvto Sicilies 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. 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 fisheries, 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. i If either of the high cocftracting parties shall hereafter grant to any Most favored na- othcr uatiou any particular favor, privilege, or immunity, tion. Jq 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 compensation; as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, when the grant is conditional. .. TWO SICILIES, 1855. 1115 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 in any port within the territories of the other, shall be treated « S byXLu'Sr 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 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. Aeticle 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 shipwrecks. 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 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 Sicilian Consul, or Vice- , Consul, in \^hose district the wreck may have taken place, and such Consul, ViceConsul, 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 re- ferred for decision to the competent tribunals of the country, Aetioe 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 comnierce is usually permitted. Con- suls, Vice-Oonsuls, 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-Oonsul, 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- /ily 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, howeyer, shall not be so construed so as to embarrass his consular functions, nor to affect the inviolability of the consular archives. 1116 TREATIES - AND - CONVENTIONS. Article XIX. The said Consuls, Yice-Consuls, and Commercial Agents shall have , ^ the right as such to judge, in quality of arbitrators, such Settlement of di8- , . ~, " • i I ji j. j n pates between mas- diflferences 38 may arise between the masters and crews of ters and crews. ^^^ vcssels beloHgiug to the nation whose interests are com- mitted 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 assistance to cause his decisions to be carried into effect or supported. ^Nevertheless, it is understood that this species of judgment or arbitration shall not deprive the con- tending parties of the right they have to resort, on their return home, to the judicial authorities of their own country. AETfCLE XX. The said Consuls. Vice-Consuls, and Commercial Agents may cause to Deserters ^® arrestcd 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 sai.d Consuls shall have found ah opportunity to send them away. It being under- stood, however, that if such an opportunity shall not occur iu 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 for auy 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^v sented a copy of the judicial declaration or sentence establishing the culpability of the fugitive, in case such sentence or declaration shall have beeu pronounced. But if such sentence or declaration shall not have been pronounced, then the surrender may be demanded, and shall TWO SICILIES, 1855. 1117 be made, wlien tbe demanding Government shall have furnished such proof as would have been sufficieut 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, accordiug to the provisions of this treaty, who shall be charged with any of the following crimes, to wit : Murder, (including assassination, parricide, infanticide, and poison- ing;) attempt to commit murder; rape; piracy; arson; the making and uttering of false money, forgery, including forgery of cadences of public debt, bank-bills, and bills of exchange; robbery with violence; intimidation or forcible entry of an inhabited house; embezzlement by public ofQcers, including appropriation of public funds ; when these crimes are subject, by the code of the Kingdom of the Two Sicilies to the ^umshment dellareGlusione, or oiher 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 authority of the Executive thereof. The .nrren'der to And all expenses whatever of detention and delivery, 'cSt? '"'"'°^''" 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 E,tradition Mt to articles, so far as they relate to the surrender of fugitive ^JJ^iioSoTpouIi- 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 shall 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 ^^^y^^^fj^^^ of ten years, and further, until the end of twelve months "" ""'^"■"^^■ 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 con- tracting 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 '^"■B^.on.. „pf tbe Kingdom, of the Two Sicilies; and the ratifications shall be ex- changed at Naples within twelve mouths from the date of its signature, or sooner if possible. 1118 TREATIES AND CONVENTIONS. In faith whereof, the respective Plenipotentiaries have signed the foregoing articles in the English and Italian languages, and have here- unto afi&xed the seals of their arms. Done in duplicate, at the city of Naples, this first day of October, in the year of our Lord one thousand eight hundred fifty-five. SEAL. SEAL. SEAL.' SEAL.' EoBEEX Dale Owen. Ltjigi Cabafa. Peincpe di Comitini. Giuseppe Maeio Aepino. • DEOLAEATION. It having been stipulated in Article XI of the treaty of the first De- Bntte- on wines ccmber, 1845, that the red and white wines, of every kind, "^ """"^ of the Kingdom 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 dipectly 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 uhdersigned 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 Kingdom 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 lutificaton. ®^^^ "®^ treaty, and shall be ratified, and the ratifioations thereof exchanged, at the same time as those of the treaty itself. In faith whereof, the undersigned 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. SEAL. SEAL. SEAL. SEAL.' EoBEET Dale Owen. ^ LUIGI CAEAPAj, Peincipe di Comitini. Giuseppe Maeio Aepino. VENEZUELA. 1836* TEEATY OF PEACE, FRIENDSHIP, NAVIGATION, AND COMMERCE. Concluded January 20, 1836 ; ratifications exchanged at Caracas May 31, 1836 ; proclaimed June 20, 1836. The United States of America and the Eepublic of Venezuela, desir- iog 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 religiously observed between the one and the other, by means of a treaty of friendship, commerce, and navigation. For this most desir- able object, the President of the United States of America has conferred full powers on John G. A. Williamson, a citi- "w^"""- zen of the said States, and their Charge d' Affaires to the said Republic, and the President of the Eepublic of Venezuela on Santos Michelena, a citizen 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 Eepub- ,,„„ „j t^^^, lie of Venezuela, in all the extent of their possessions and *'''■ territories, and between their people and citizens, respectively, ^thout distinction of persons or places. Article II. , The United States of America and the Eepublic of Venezuela, desiring to hve in peace and harmony with all the other nations of Most avored ».■ the earth, by means of a policy frank and equally friendly ''°°- with all, engage, mutually, not to grant any particulai^ 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 ponditional. Article III. The two high contracting parties being likewise desirous of placing the commerce and navigation of their respective countries Mutual berate m on the liberal basis of perfect equality and reciprocity, mu- ""^° "^ reswmce. tnally agree that the citizens of each may frequent all the coasts and •See notes: '' Abrogated, suspended, or obsolete treaties." 1119 1120 TEEATIES AND CONVENTIONS, countries of the other, and reside and trade there in all kinds of produce, 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. coastin traae "^^^ ^^ ^^ undcrstood that this article does not include the oaBtmgtraae. gQastiug tradc of either country, the regulation of which is reserved, by the parties respectively, according t6 their own separate laws. Article IV. They likewise agree that whatever kind of produce, manufactures, No diBcrimipation OT mcrchandizB, of any foreign country, can be from time to in tonnaire duties, ^jjjjg lawfuUy 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 Venezula, 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, 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 the Eepublic of Venezuela. Aeticle V. For the better understanding of the preceding article, and taking into Definition of vone- consideratlou the actual state of the commercial marine of lueian yesseL ^jjg EcpubUc of Vcnezucla, 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 pr 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 Ho diBcrimii.atii.B thc Uultcd Statcs of any articles the produce or manufactures SioM°ftr™or'im- of the Eepublic of Venezuela, and no higher or other duties porta or exports, shall bc Imposcd on the importation into de Eepublic 'of Vene- zuela of any articles the produce or mjinufacture 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 ex- portation of any articles to the United States or to the Eepublic of Vene- zuela, 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 Venezuela, VENEZUELA, 1836. 1121 to or from the territories of the United States, or to or from the terri- tories of the Eepublic of Venezuela which shall not equally extend to all other nations. Article VU. It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of both countries, ^^^.^^ ^^ ^^ .^. to manage themselves their own business, in all the ports zeMofoMnauonln and places subject to the jurisdiction of each other, as well li^TinSn^JJ- with respect to the consignment and sale of their goods and """' merchandize 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 favoured nation. Aeticle Vill. The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoFels, mer- ,P' ™.. « .,.. -...."'-J^„ Uq embargo or de- chandizes, or effects, for any military expedition, nor for tsntion^or veB»ri any public or private purpose whatever, without allowing p"fose°»ith,' '" . i, . . . ■s jm • J. • J -Hi.' demnification. to those mterested a sufficient mdemnincation. Article IX. Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports, yesBeia of either or dominions of the other with their vessels, whether mer- f"{L"poru o? '?'! cbantorof war, public or ijrivate, through stress of weather, °"'°'- pursuit of pirates or enemies, they shall be received and treated with humanity; giving to them all favour and prdlection 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 by pS'm « b'e're. the high seas, and may be carried or found in the rivers, roat^ls, bays, ports, or dominions of the other, shall be delivered up to -the owners, they proving, in due and proper form, their rights before tde 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 contract- ing parties shall be wrecked, foundered, or shall suffer any shipwrecks 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 iperchandize and effects, without exacting for it any duty, impost, or contribution whatever, until they may be exported, unless they be destined for consumption. 3769 TE 71 1122 TREATIES AKD CONVENTIONS. AETICLB XII. The citizens of each of the contracting parties shall have power to Real nnd per.onai flisposB of their pcKSODal goods wltMn the jurisdiction of the S37f'by''»mS other, by sale, donation, testament, or othervdse, and their otherwi-e. rcpresentativcs, being citizens of the other party, shall suc- ceed to their said personal goods, whether by testament or abintestato; 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, shiall be subject to pay in like cases. And if, in the case of reali[e]State, the said heirs would be prevented from entering into the possession of the inheritance 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. Aeticle XIII. Both the contracting parties promise and engage, formally, to give persoM and prop- thcir spoclal jprotcction to the persons and property of the .rty to be protected, cltizcus of CEch othcr, of all occupations, who may b6 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 jus- tice for their judicial recourse on the same terms which are usual and costttmary with the natives or citizens of the country in which they may be; for which they may employ, in defence of their rights, such advo- cates, 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#t 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 XIV. The citizens of the United States residing in the territories of tUe of con l^epil*^ic of Venezuela shall enjoy the most perfect and en- .oieice^Snd worS tlrc sccurlty of conscience, without being annoyed, pre- necnred. vcuted. Or dlsturbcd on account of tbeir religious belief. Neither shall Ihey 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 Venezuela, in convenient and adequate places, to be ap- pointed and established by themselves for that purpose, with the knowl- edge 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[h]res of the dead be disturbed in any wise nor upon any account. In like manner, the citizens of Venezuela shall enjoy within the Gov- ernment and territories of the United States a perfect and unrestrained liberty of conscience and of exercising their religion publicly or pri- vately, within their own dwelling-houses, or in the chapels and places of worship appointed for that purpose, agreeable to the laws, usages, and customs of the United States. VENEZUELA, 1836. 1123 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 pnrt«s at all manner of liberty; and security, no distinction being toeatenmSwiS made who are 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 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 Free ai,ip» m»kB stipulated that free ships shall also give freedom to goods, t'^^"'^'- and that everything shall be deemed to be free and exempt which shall he 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 pree ships w make liberty shall be extended to persons who are on board a free f'^^ps"""'- 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 ofBcers 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 shal[l] cover the property, shall be understood as applaying 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 property of enemies whose governments acknowledge this principle, and not of others. Article XVI. It is likewise agjeed, that in the case where the neutral flag of one of the contracting parties shall protect the property of the , /..!.? T ■ i _D j_i 1 i- 1 J." -J. ifneutriii flag pro- enemies of the other, by virtue of the above stipulations, it teets 'j»|5jr'» pj-opj shall always be understood that the neutral property found prap'ertVone!llmy°» X. -11 - 11T1T-I1T-1 -1 T vesael sHall be con on board such enemy's vessel shall be held and considered .iderej eaenn-s as enemy's property, and as such shall be liable to deten- ^""^'"' tion 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 two months having clasped after the declaration, their citizens shall not plead ignorance thereof. On the contrary, if the flag of the neur tral does not protect the enemy's property, in that case, the goods and merchandizes of the neutral, embarked 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- band or prohibited goods shall be comprehended : 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, 1124 TREATIES AND CONTENTIONS. .fasees, 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 form[ed] expressly to make war by sea or land. Aeticle XVIII. All other merchandises and things not comprehended in the articles Goods not contra- of contrabaud 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 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 thai; those places only are besieged or blockaded which are actually attafcked by a belligerent force capable of preventing the entry of the neutral. Article XIX. The articles of contraband before enumerated and classified, which Mode of proceed- ^^J ^6 found lu sk vesscl bouud for an enemy's port, shall or'theModS°«e?or 1)6 subject to detention and confiscation, leaving free the traband. ppg^ of {jjjg cargo and the ship, that the owners mfiy dispose of them as they see proper. E"o 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 quan- tity 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 judg- ment according to law. Article XX. And whereas it frequently happens that vessels sailfor a port or places Blockade belonging to an enemy without knowing that the same 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 contra- band, be confiscated, unless, after warning of such blockade or invest- ment from any of&cer commanding a vessel of the blockading forces, she shall again attempt to enter; but she shall be permitted to go 10 any other port or place she shall think proper. Kor shall any vessel of either, that may have entered into such port before the same was actu- ally besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo ; nor, if found therein after the re- duction and surrender, shall such vessel or her cargo be liable to con- flscatiouj but they shall be restored to the owners thereof. VENEZUELA, 1836. 1125 Aeticle XXI. , In order to prevent all kind of disorder in the visiting and examina- tion of the ships and cargoes of both the contracting parties luji, ^f ,i,;,atio>i 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 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 ship[s] shall be responsible, with their persons and property; for which purpose the commanders of said private armed vessels shallj 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 exhibit-' ing his papers, or for any other purpose whatever. Akticle XXII. To avoid all kind of vexation .and abuse in the examination of the papers relating to the ownership of the vessels belonging ^^ ^^^^ -^^ '^^^ to the citizens of the two contracting parties, they have veBseia^tohaJepMs- 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 appear that said ship really and truly belongs to the citi- zens of one of the parties: they have likewise agreed that such ship, being laden, besides the said sea-letters, or passports, shall also be pro- vided 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 cer- tificates shall be made out by the ofQcers of the place whence the ship sail[e]d, 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 be proved to be owing to accident, and 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, sha'll apply only to vessels under cod- 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 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 couducted, shall alone take cognizance of them; and whenever such ■'"m courts. tribunals, of either party, shall pronounce judgment against any vessel. 1126 TREATIES AND CONVENTIONS. 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 haye^^beeh founded, and an authenticated copy of the sen- tence or decree, and of all the proceedings in the case, shiall, if demanded, be delivered to the commander or agent of said-vessel without any delay, he paying the legal fees for the same. Aeticle XXV, "Whenever one of the contracting parties shall be engaged in war with The neutral party anothcr Statc, 110 cltizeu of the other contracting party !S88'°rtt''c?u?re shall accept a commission or letter of marque, for the pur- aeamsi the other. pQgg jjf assistlug Or co-operatiug hostilely with the said enemy against the said party so at war, under the pain of being consid- ered as a pirate. Akticlb XXVI. If, by any fatality, which cannot be expected, and which God forbid. In case of war, ths two coutractlng partlcs shouM bo engaged in a war with "me«°a?ranleS."r ^ach other, thcy have agreed, and do agree now for then, bneineBa. ^]ja,t thcrc 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 the[y] please, giving to them the safe-conduct necessary for it, which may serve as a sufflcient 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 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 con- tracting parties engage to give them. ) Akticle XXVII. Neither the debts due from individuals of the one nation to the indi- viduals of the other, nor shares, nor moneys which they no^t^to' bVconS 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 XXVIII. Both the contracting parties being desirous of avoiding all inequality priTiieeea of min- Jn rclatiou to thclr publlc communicatious and official inter- '""■• 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, ahall, by the same act, be extended to those of each of the con- tracting parties. Aeticle 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 agree to receive and admit Consuls and Vice-Consuls in all the ports 1127 open to foreign commerce, who shall enjoy in them all the rights, pre- rogatives, and immunities of the Consuls and Vice-Oonsuls of the most favoured nation ; each contracting party, however, remaining at liberty to ex[(i]ept those ports and places in which the admission and residence of such Consuls [and Vice-Consuls] may not seem convenient. Article XXX. lu order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, jprerogatives, and immunities which belong to them by their public character, they shall. Exequaturs. before entering on the exercise of their functions, exhibit their commis- sion or patent in due form to the Government to which they are ac- credited ; 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, ofiScers, and persons attached to the service of Consuls, they not being Exemptic.i.8ofi:on citizens of thecoimtry in which the Consul resides, shallbe ■"'■■ exempt from all kinds of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce or thier property, to which the citizens and inhabitants, native and foreign, of the country in which they reside are subject, Iseing in everything besides subject to the laws of the respective States. , The con»ukr archives archives and papers of the consulates shall be respected '""<>'=''>|=- inviolably, and under no pretext wbg^tever 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 ofiScers competent, and shall demand the said de- serters in writing ; proving by an exhibition of the registers of the vessel's or ship's roll, or other publifc 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 said Consuls, and may be put in the public prisons, at the request and expenc[sje 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 XXXIII. For the purpose of more eifectually protecting their commerce and navigation, the two contracting parties do hereby agree, as consular qouTe- soon hereafter as circumstances will jjjermit them, to form a "^wte concluded. consular contention, which shall deciare especially the powers and im- munities of the Consuls and Vice Consuls of the respective parties. 1128 TREATIES AND CONVENTIONS. AKTIOLE XXXIV. The United States of America and the Eepublic of Venezuela, 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 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 Dumior of treat ^^^^ ^^ twelvo yoars, to be counted from the day of the Dum.or.o treaty, g^pjjj^jjgg gf ^jjg ratificatious, aud 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 th6 other party, this treaty inall 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 in- indivMuau per- frluge auy of the articles of this treaty, such citizen shall be for'i',!frinSSts''lf b^ld persoually responsible for the same, and harmony and treaty. good correspondcnce between the two^nations shaU not be interrupted thereby, each party engaging in no way to protect the of- fender, or sanction such violation. 3d. If, (what, indeed, cannot be expected,) unfortunately, any of the War not to be de- articlcs lu thc preseut treaty shall be violated or infringed ^ilt^TmJiT^'d. ™ any other way whatever, it is expressly stipulated that satLfacuon refised. neither of tho coutracting 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 unreasonably delayed. 4th. Ifothing in this treaty contained shall, however, be constructed Ejfetin! treaties [coustrued] Or opcrate contrary to former and existing pub- not to be affected, jjg trcaties wlth othcr Sovereigns and States. The present treaty of peace, amity, commerce, and navigation, shall be approved and ratified by the President of the United Rat.ncatione. gtatcs of Amerfca, 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 Republic 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. SEAL. SEAL. John G. A. Williamson. Santos Miohelbna. VENEZUELA, 1859. 1129 1859. CONVENTION FOR THE SETTLEMENT OF AVES ISLAND CLAIMS. Concluded January 14, 1859 ; ratified February 26, 1861. Eduard A. Turpin, Minister Eesident of the United. States of America, and Luis Sanojo, Secretary of State in tlie Department of Foreign Rela- 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 Tap- Netototors. pan, 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 : Aeticle I. The Government of Venezuela obliges itself to pay to the Government of the United States, or to its Minister Eesident in Ven- ^^^^^ ^ ezuela, the gross sum of one hundred and thirty thousand tts^uSJ stS 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 Tappan, and is to be distributed among themselves, and the residue, that is to say, twenty-five thou- sand dollars, ($25,000,) is in liquidation of claims of Lang and Delano. Abticlb II. The said sum of one hundred and thirty thousand dollars, ^^^^ „f ^ me i. shall be paid in the following terms : For Shelton, Tappan and Sampson : fist June 2,600 isKo J 1st August 2,600 ^^''- 1 1st October 2, 500 [1st December 2, 500 $10, 000 For Shelton & Go. : For Lang & Delano ; i8Rn«30June $7,500 2,000 iot)(i. I 3j^ December 7, 500 2, 000 $15, 000 $4, 000 isfii (30June 10,000 2,000 ^^^- \ 31 December 10, 000 2, 000 20,000 4,000 iSR^jSOJune 10,000 2,500 ^°*'^- \ 31 December 10,000 2,500 20,000 5,000 iofio(30June , 10,000 3,000 ^°'''^- i 31 December 10,000 3,000 20,000 6,000 isfi. (SOJune 10,000 3,000 ^"*- \ 31 December 10,000 3,000 . 20,000 6,000 $95, 000 $25, 000 1130 TREATIES AND CONVENTIONS. Interest at the rate of five per cent, per annum shall be paid on the intcrait. gfoss amouht of indemnity, commencing from the Ist day of this present month, January, 1859, and being added to the several instalments as they fall due. The interest being always computed on the amount of indemnity, remaining unpaid at the time of the payment of the several instalments. Article III. In consideration of the above agreement and indemnification, the iDdemnification to G-ovemmeut of the United States, and the individuals in oroi°°m.''lKtiyit"b" whose behalf they have been made, agree to desist from all ukiidoiAves. farther reclamation respecting the Island of Aves. Aetiolb IV. ' This agreement shall be submitted to the present l^ational Conven- A eeineirt to be ^^^^! ^^^ ^^ ^^^^ ^^ shouM uot be ratified by it before the jii.bS'dw'the.a"- closing of its present session, then it shall be considered tional convention. n i • t null and void. Valencia, January the fourteenth, of eighteen hundred and fifty -nine. e. a. turpin. Luis Sanojo. I860.* TREATY OF AMITY, COMMERCE, NAVIGATION, AND FOR SURRENDER OF FUGITIVE CRIMINALS. Concluded August 27, 1860 ; ratifications exchanged at Caracas August 9, 1861 ; proclaimed September 25, 1861. -The United States of America and the Eepublic of Venezuela, equally animated with the desire of maintaining the cordial relations, and of tightening, if possible, the bonds of friendship between the two coun- tries, as well as to augment, by all the means at their disposal, the , commercial intercourse of their respective citizens, have mutually re- solved to cbnclude a general convention of amity, commferce, and navi- gation, 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 Eesi- N. otiators *^^°* ^^^^ ^^^ Govemmeut of Venezuela ;, and the President of Venezuela, Pedro de las Gasas, Secretary of State in the Department of Foreign Relations j 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,shallcon- Dedaration oi am- tiuuc to bc & firm, iuvlolable, and universal peace, and a true '"• and-sincere friendship between the Republics of the United States of America and Venezuela, and between their respective coun- * See Notes : "Abrogated, suspended, or obsolete treaties." VENEZUELA, 1860. 1131 tries, 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 merchants and other citizens aad inhabi- tants respectively, on each side, during which time they shall be at lib- erty to withdraw themselves, with their effects and mova- ^y■^^■^,i,^„^^„[,^,. bles ; which they shall have the right to carry away, send Bonsand^proSertyTn 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 with them or send away, and such passports shall be a safe conduct against the insults and capt- ures, which privateers may attempt against their persons and effects, and the money, debts, shares in the public funds, or in banks, qr 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 seques- trated. Aeticle II. The citizens of each of the high contracting parties, residing or es- tabhshed in the territory of the other, shall be exempt from ,, ... .,., "^ . > ' IT ■, -1/1 ExemptioDB from all compulsory military service by sea or by land, and from jjjij^s'y »^''^ ""'' 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 ni. The citizens of the contracting parties shall be permitted to enter, sojourn, settle, and reside in all parts of said territories, p,j,j,^^, „, ^;,i and such as may wish to engage in business shall have the jenor'onTnafionin • i.,.. 1 -1 -Tij.! -I'j^ the territory of_the right to hire and occupy warehouses, provided they submit other in busineMar- 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 re- spect 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 such agents 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 wholesale or retail. They shall have free access to the tribunals of 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 which purpose they may employ in defense of their interests and rights such advocates, attorneys, and other agents as they may think ijroper. Article IV, The citizens of each of the high contracting parties, residing in the other, shall enjoy the most perfect liberty of conscience, ut^ty of con- They shall be subjected to no inconveniences whatever on »"=>":» <">'i»'M»wr. 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 1132 TREATIES AND CONVENTIONS. / houses, or in the chapels and places which they may select for 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, and funeral pro- cessions going to or returning from them, shall be protected from vio- lation or disturbance. Aeticlb V. The citizens of each of the high contracting parties, within the juris- Personal ro ert •^^^'^'o^ '^^ *^® othcr, shall havo power to dispose of their mJ?'be°di.Sd"^f personal property by sale, donation, testament, or other- by will or otherwise. . -iji* -i i /* t • • i_* n wise ; and their personal representatives being citizens of the other contracting 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 only as the citi- zens of the country wherein the said personal property is situated shall be subject to pay in like cases. In the absence of a personal repre- sentative, the same care shall be taken of the property as bj'- 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 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 Reiii estate tcrritory of one party, such real estate woijld by the law of Reii estate. ^^ \2,vA dcsceud ou 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. Aeticlb VI. The high contracting parties hereby agree that whatever kind of pro- No diBcrimtaatiol '^'^^®' manufactures, or merchandize, of any foreign country, in dutieron'^SMrtS cau fac from time to time lawfully imported into the United alit^J'TTe^eb'Tm- Statcs, vo. thcir own vessels, may also be imported in the porting same. ycsscls of Veuczuela, and no higher or other duties upon the tonnage or cargo cf 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, manufactures, or merchandize, of any foreign country, can be from time to time lawfully imported into Venezuela, in het" 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 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 Nodi.crin,ination= owu vcsscls, to auy forcigu country, may in like manner be i.nd"biSt1ero''n «; oxportcd 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 bo made in vessels VENEZUELA, 1860. 1133 of tlie 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. Aetiolb VII. The preceding article is not applicable to the coasting trade of the contracting parties, which is respectively reserved by each exclusively for its own citizens. Bat vessels of either conn- const,Mtra, i;,„,^,^^t,^^ facture of Venezuela, or of her fisheries, and no higher or SSnaiHy°™'°'m- other duty shall be imposed on the importation into Vene- """• znela of any article the growth, produce, or manufacture of the United States or their fisheries, than are or shall be payable on the like arti- cles the growth, produce, or manufacture of any other foreign country or its fisheries. Ko 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 arti- ,cle to any other foreign country. No prohibition shall be imposed on the importation of any article the ^^owth, produce, or manufacture of the United States or „„,t f„,„^j „,. their fisheries, or of Venezuela and her fisheries, from or to "°°- the ports of the United States or Venezuela, which shall not equally extend to every other foreign country. If, however, 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 shall be freely granted to such other nation, or for the same equivalent, when the grant shall be conditional. Aetiole X. Should one of the high contracting parties hereafter impose discrimi- nating duties upon the products of any other nation, the 3i,„i„,i„atia«du. 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. 1134i TREATIES AND ■ CONVENTIONS. Aktiole XI, When any vessel of either party shall be wrecked, stranded, or other- wise damaged on the coasts or within the jurisdiction of the Shipwrecks. other, their respective citizens shall receive, as well for them- selves as for their vessels and effects, the same assistance which wouM 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 re- pair, the cargo shall be unladen and kept in a place of deposit destined for the reception of goods, the duties on which haye 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) R,ghta of neutrals. ^^^^ auy port whatcver to any port of the enemy of the other, and to sail and trade with their ships and merchandize, with perfect security and liberty, from the . countries, ports, a,nd places of those who are enemies of either party, without any opposition or dis- turbance whatsoever, and to pass not only directly from the places and ports of the enemy aforementioned to neutral ports and jilaces, 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 blockadedj be- sieged, or invested. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is either besieged, blockaded, or invested, ib 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 hpr 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. 'Eov shall any vessel of eithetr 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 vessel or her cargo be liable to confiscation, but they shall be re- stored to the owners thereof. Aetiolb XIII. In order to regulate what shall be deemed contraband of war, there Contraband or wir ^^^^^ ^c comprlscd uudcr that denomination gunpowder, saltpetre, petards, matches, balls, bombs, grenades, car- casses, pikes, halberds, swords, belts, pistols, holsters, cavalry saddles and furniture, cannons, mortars, their carriages and beds, and generally VENEZUELA, 1860. 1135 all kinds of arms, ammunition of war, and instruments fit for the use of troopSi All the above articles, whenever they ai'e 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 pres ,hm maie shall be found on board the ships belonging to the citizens ''^"""^^ of either of the contracting partiies, 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 ^e 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. Aetiole 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 the enemy oi one of the parties,, and concerning whose voy- hibu pwaport. and -. !\ x'T j.j.T- j-i t 11 • ±. J certificates to bTjow age and the articles of their cargo there shall just grounds absence or contra- of suspicion, shall be obliged to exhibit, as well upon the ''°°'^ high seas as in the ports or roads, not only their passports, but like- wise 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 convention. Article XVI. And that captures on light suspicions may be avoided, and injuries thence arising prevented, it is agree(i that, when one party Neatrai vessel. shall he engaged in war, and the other party be neutral, the T/'c^"™ iTc'f??f ships of the neutral party shall be furnished with passports, ?i;;7"J,„"'coato- that it may 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, 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 tha* 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 contraband to be such ship, and the commander of the same shall offer to de- '""^ liver 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 con- veniently be received on board the ship of war or privateer; in which caise, 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. 1136 TREATIES AND CONVENTIONS. If any ship shall not be furnished with such passport or certificates as If there are no SbTQ above requirccl for the same, such case may be exam- paasporu. j^g^ ^jy ^ ppoper 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 nol^ be confiscated, but shall be released with her cargo, (contra- band goods excepted,) and be permitted to proceed on her voyajje. If the master of a ship, named in the passport, should happen to die, If master of ship Or bc rcmovcd by any other cause, and another put in his ^°^ place, the ship and cargo shall, nevertheless, be equally se- cure, and the passport remain in full force. Article XVII. If the ships of the citizens of either of the parties shall be met with Ri,ht of visitation ou the high seas by any ship of war or privateer of the other, and search. fgj. ^]jg avoldiug of auy aisorder the said ships of war or pri- vateers shall remain out of 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 prop- erty 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 pur- pose of exhibiting his papers, or for any other examination whatever. ^ Article XVIII. It is expressly agreed by the high contracting parties that the stipula- tions above mentioned, relative to the conduct to be observed colv'oy 'not°to"be OH thc sca by the cruisers of the belligerent party towards the ships of the neutral party, shall be applicable only to ships sailing without 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 shaU 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 XIX. In all cases where vessels shall be captured, or detained to be carried Duty in ease of Joto port, undcr prctcnce of carrying to the enemy contra- captured vessels, feaud goods, thc 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 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 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. VENEZUELA^ 1860. ' 1137 AETIOLE 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 Bh^°'S°to"br™ 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, shaU 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, ='"""'^ """■;«"'■ 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 courts for prize 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. Aeticlb XXII. And that more abundant care may be taken for the' security of the citizens of the contracting parties, and to prevent their commander, of suffering injuries, all commanders of ships of war and pri- l^il^^i T"m. vateers, and all others, the said citizens, shall forbear doing i'i=f<>'-'i«°"e=»- 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 what- ever 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 respon- prP™e"°s°to"Biv°i 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 doliars, 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 com- mit during her cruise contrary to the tenor of this convention, or to , the laws and instructions for regulating their conduct ; and, further, that in aU cases of aggressions said commission shall be revoked and annulled. 3769 TE 72 1138 TREATIES AND CONVENTIONS. AKTICLE XXIII. When the ships of war of the two contracting parties, or those be- longing 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, 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. Aktiole XXIV. , It shall not be lawful for any foreign privateers who have commis- Enemiea' priva- sious fifom any Prince or State in enmity with either nation teera. ^q fl^ thcir shlps lu thc ports of either, to sell their prizes, or in any manner to eschahge 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. Aktiole XXV. No citizen of Venezuela shall applv for or take any commission or Citizens or one lettcrs of marQue for arming any ship or ships to act as pri- terl" o°f"''m™rJue vatccrs agalust the said United Stjates, or any of them, or ngaiMt the utiier. agalust thc citizcu s, people, or inhabitants of the said United States, or any of'°»'=- 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 ottier : Provided, That this shall be done only when the fact j,ridenceof<;rin.= 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- vention, who shall be charged with any of the following ^ ._^^^ crimes, to wit: murder, (including assassination, parricide, infanticjde, and poisoning j) attempt to cororoit mwclerj rapcj forgeryj 1140 TREATIES AND CONVENTIONS. the counterfeiting of money ; arson ; robbery with, violence, intimida- tion, or forcible entry of an inhabited house; piracy; embezzlement by public ofiBcers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. Aetiole XXIX. On the part of each country the surrender shall be made only by the E,ec.t,Te aionsto authorlty of thc Executive thereof. The expenses of deten- eurrender. ^jqq j^jj^ dclivcry, cffectcd in virtue of the preceding arti- Eipenae>. gjgg^ gjig,!! foc at thc cost of the party making the demand. Abticle XXX. The provisions of the aforegoing articles relating to the surrender of persoM not to be fugltlvc crlmluals shall not apply to offences committed be cai oS/r """"" fore the date hereof, nor to those of a political character. AETICIiE XXXI. This convention is concluded for the term of eight years, dating from the exchange of the ratification ; and if one year before the expiration of that period neither of the contracting parties shall have announced, Duratioaoftrea ' ^^ ^^ officlal notiflcatiou, its intention to the other to arrest urauoao treaty. ^^^ operatious of Said convcntiou, ifshaU continue binding for twelve months longer, and so on, from year to year, until the expi- ration of the twelve months which will follow a similar declaration, what- ever the time at which 'it may take place. Article XXXII. This convention shall be submitted on both sides to the approval and ratification of the respective competent authorities of each t cationa. ^^ ^j^^ 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, 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 and sixty. seal. SEAL. e. a. tuepin. Pedeo De Las Oasas. .1866. CONVENTION FOR THE SETTLEMENT OF CLAIMS AGAINST VENEZUELA. Concluded April 25, 1866 ; ratifications exchanged at Caracas 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 tlnited States of America, as a means of examining and justly VENEZUELA, 1866. 1141 terminating such claims ; and it having been thought that the adoption of the contemplated course -will secure at least some of the advantages attending arbitration, so strongly recommended in article the 112th of the Federal 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 Eelations to negotiate and sign the proper Convention. Negotiators. Thereupon 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 Vene- ciaim.»poiivene- zaela, which may have been presented to the,ir Government, '""'• or to its legation in Caracas, shall be submitted for examination and decision to a mixed commission, consisting of two members, conimi»s.onet», one of whom shall be appointed by the Government of the '""' ■■""•'""*• United 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 tacwdes, how Government of the United States or that of Venezuela, re- ^""'• " spectively, or the Minister of the United States in Caracas, by authority of his Government, shall forthwith proceed to fill the vacancy. The Commissioners so named shall meet in the city of Caracas within four months from the exchange of the ratifications of this convention; and, before proceeding to business, they shall melT'"S'"i^ make solemn oath that they will carefully examine and im- ^^'""' partially 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 proceedings. The Commissioners shall then proceed to appoint an Umpire to decide upon any case or cases concerning which they may disagree, to Bdect an u™- or upon any point of difference that may arise in the course ^"°- of their proceedings. And if they cannot agree in the selection, the Umpire shall be named by the Diplomatic Eepresentative either of Switzerland or of Eussia, in Washington, on the previous invitation of the high contracting parties. Aeticle II. So soon as the Umpire shall have been appointed, the Commissioners shall proceed, without delay, to examine the claims which commisaionor. to may be presented to them under this convention; and they """i-^d^i™'- shall, if required, hear one person in behalf of each Government on every separate claim. Each Government shall furnish, on request of either Commissioner, all such documents and papers in its possession, as may he deemed important to the just determination of any claim. In cases where they agree to award an indemnity, they shall determine the amount to be paid, and issue certificates of the same. ji„„i „, j^j^^. In cases when the Commissioners cannot agree, the points of °"^ ''°'' ^rtiacat™. difference shall be referred to the Umpire, before whom com"i8B'io°nerB°''ao each of the Commissioners may be heard, and whose decision ""■ '""'^■ shaU be final. 1142 TREATIES AND CONVENTIONS. The Coinmissioners shall make such decision as they shall deem, in Decision of the reference tosuch claims, comformable tojustico, eventhoTigh commisBi»ners. g^jj^ decisioDs amouiit 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 issne certificates of the sums to be paid to Amount of iwarde ^^^ claimauts, respcctlvely, by virtue of their decisions or to b"Taid tolhl those of the Umpire, and the aggregate amount of all sums United states in ten t t i j_i r-i - • t r» ii eqnai annnai pay- awardcd by thc Commissioncrs, and of all sums accrumg 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 Interest. ^^ ^^^ termination of the labors of the commission; the first payment to be inade six months from same date. Semi- 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. Aeticle IV. The commission shall terminate its labors in twelve months from the oommisaion,when date of Its orgauizatiou, cxccpt that thirty days' extension to terminate labor. jQg^y jjg giyen to Issuo certificates. If ncccssary, on the deci- sions of the Umpire in the case referred to in the following article. They shall keep a record of their proceedings, and may appomt a secretary. Article V. The decisions of this commission and those (in case there may be any) Deeisions of oon,- of thc Umpire, shall be final and conclusive as to all pending Jl™ 'to°be fitat """ claims at the date of their installation. Claims which shall not be presented within the twelve months herein prescribed ^tf'liTLS will be disregarded by both Governments, and considered invalid. invalid. In the event that, upon the termination of the labors of said commis- caaes pending be- slon, thorc should remalu pending one or more cases before S™in™on°o°f ?he thc Umplrc awaiting his decision, the said Umpirfe is au- eommiaaion. thorlzcd to make his decision and transmit same to the Commissioners, who shall issue their certificates thereupon and commu- nicate [them*J to each Government, which shall be held binding and conclusive ; 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 j,^ ^^ one-half of what may [be*] due the Umpire and secretary, zpennea. ^^^ onc-half tho lucidental expenses of the commission. * These words by a clerical error were omitted from the English text. Eficorda ot mission. VENEZUELA, 1866 . 1143 Article VIL The present convention shall be ratified, and the ratifications ex- changed, so soon as may be practicable, in the city of Cara- Bauacationa cas. In testimony whereof the Plenipotentiaries have signed this conven- tion, and hereunto affixed the seals of the Ministry of Foreign Eelations of the United States of Venezuela, and of the 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. Ths Minister Resident of the United States of America, [SBAlJ E. D. OtTLVEE. ' The Minister of Foreign Relations of the United States of Venezuela, [SEAL.] EAPAEL SeTJAS. WtRTTEMBEEG. 1844. CONVENTION FOR ABOLITION OP DROIT D'ATJBAINE AND TAXES ON EMIGRATION. Concluded April 10, 1844; ratifications exchanged at, Berlin October 3, 1844; proclaimed December 16, 1844. The United States of America and His Majesty the King of Wiirt- terhberg 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 Negotiators Euvoy Bxtraordiuary and Minister Plenipotentiary at the Eoyal Court of Prussia; and His Majesty the King of Wiirttemberg, upon Baron ^e Maucler, his Captain of the Staff and Charg-6 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- Droit d'aubaine tiou or tax ou emigratloD, is hereby and shall remain abol- aboiished. ished, 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 Di.posai of real tcrritories of one party, such real property would by the property. jg^^^g q£ (.{jg j^jj^j desccnd ou 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. 1144 WURTTEMBERG, 1844. 1145 Article III. The citizens or subjects of eacli 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 mw'bni»?S°?d"o' heirs, legatees, and donees, being citizens or subjects of the ''^'"''°"'*''°""'°- other contracting party, shall succe[e]d to their said personal property, 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. Aetiolb IV. In case of the absence of the heirs, the same care shall be taken pro- visionally of stich real or personal property as would be Properarofab».nt 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 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- ing to the laws, and by the judges of the country where the dd"d"'by°°t?e''focai property is situated. '""■ Article VI. All tlie stipulations of the present convention shall be obligatory in respect to property already inherited or bequeathed, but not yet withdrawn from the country where the same is sit- „itkS»embrac°d uated at the signature of this convention. - '° tu. 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 ad- Ratification. vice and consent of their Senate, and of His Majesty the King.of Wiirttemberg, 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. seal. SEAL. Henry Wheaton. Freiherr vow Maucler. 1146 TREATIES AND CONVENTIONS. 1853. DECLAEATION* OF ACCESSION TO THE CONVENTION FOR THE EXTEA- BITION OF CRIMINALS, FUGITIVE FROM JUSTICE, OF JUNE 16, 1852, BETWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OP THE GERMANIC CONFEDERATION. Bated October 13, 1853 j proclwimed December 27, 1853. Inasmuch as a convention for the reciprocal extradition of fugitive criminals in certain cases, was concluded between Prussia and other States of the Germanic Confederation on the one hand^ and the United States of Korth- America on the other, under date of June 16, 1852, at Washington, by the Plenipotentiaries of the contracting parties, and was ratified by the contracting Governments ; and whereas, in the second article thereof, the United States of Korth America declare that they agree that the stipnlations of the aforesaid convention shall be applied to any other State of the Germanic Confederation that shall subsequently declare its accession to the convention, now therefore, in pursuance ^ J. . , , thereof, the Government of His Majesty the King of Wiirt- Extradition treaty i i t 'j_ • , ,, "^n . , * between the United tcmbcrg dcclarcs its accession to the aforesaid convention states and Germamc ^ ~r i /*j.i -i f>efi j.ij_j_/'i-t- -./. States acceded to. 01 Juue loth, 185z, tue text of which is word for word, as follows: [The original declaration here includes a copy, in German and English of the convention of June 16, 1852] and hereby gives the express assurance that each and every. article and provision of this convention shall be faithfully observed and executed within the territory of the Kingdom of Wiirttemberg. In testimony whereof, the Royal Minister of B'o reign Affairs of Wiirt- temberg has, in the name of His Majesty the King of Wiirttemberg, executed this certificate of accession, and caused the Eoyal Official Seal to be thereunto affixed. Done at Stuttgart, October the 13th, 1853. [SEAL.] VON ]SrBUBATH, Eoyal Minister of Foreign Affairs at Wiirttemberg. 1868. CONVENTION RELATIVE TO NATURALIZATION AND FOR EXTRADITION OP CRIMINALS. Concluded July 27, 1868 ; 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 citizenship of those persons who emigrate from the United States of America to Wiirttemberg, and from Wiirttemherg to the territory of the United States of America, have resolved to treat on this subject, and have for •Translatien. WURTTEMBERG, 1868. 1147 that purpose appointed Plenipotentiaries to conclude a convention, that is l;o say : The President of the Fnited States of America, ^^ ^^.^^^^ George Bancroft, Envoy Extraordinary and Minister Plen- ''"°"""'- ipotentiary, and His Majesty the King of Wiirttemberg, his Minister of the Eoyal House and of Foreign Affairs, Charles Baron Varabiiler, who have agreed to aud ^gned the following articles : Article I. Citizens of Wiirttemberg, who have become or shall become natural- ized citizens of the United States of America, and shall when cifeen. ot have resided uninterruptedly within the United States five Zllll^dtl'Imeti'- years, shall beheld by Wiirttemberg to be American citizens, <'""^'"^- and shall be treated as such. Eeciprocally, citizens of the United States of America who have become or shall become naturalized ^hen AmericaM citizens of Wiirttemberg, and shall have resided uninter- "^^'ensorvrarueS?. 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- i,^,„^y„„ „, j^ zeu of the one or the other country has not for either party tsnttan" «" " ea-eSi the effect of naturalization. Aeticlb II. A naturalized citizen of the one party on return to the territory of the other party remains liable to trial and punishment for Nawraiiwa cui- an action punishable by the laws of his original country, c!™Jcomm&St aind committed before his emigration; saving always the f"'-««"°is">"'"'- limitation established by the laws of his original country, or any other remission of liability to punishment. Aeticlb III. The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between Wiirttemberg ^^^^^.^^^^ o„„. and the United States the ,i""°°' ".^^' remains in force with ■ TenSonn'Ss tore- is October, 1833, mam in force. out change. Aeticle IV. If a Wiirttemberger, naturalized in America, renews his residence in Wiirttemberg without the intent to return to America, he Renunciation of shall be held to have renounced his naturalization in the '""''=''»'i'>'- United States. Eeciprocally, if an American naturalized in Wiirttem- berg 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 not to return to ret5nJ°may Te 1,,., . , ,, ^ , i-T-j_i held to exist. may be held to exist when the person naturalized in the one country resides more than two years in the other country. Aeticlb V. The present convention shall go into effect immediately on the ex- change of ratifications, and shall continue in force for ten Dnratio. of con years. If neither party shall have given to the other six "'""'°- 1148 TREATIES AND CONVENTIONS. months' previous notice of its intention then to terminate the same, it shall farther remain in force until the end of t^^elve months after either of the high contracting parties shall have given notice to the other of such intention. Akticle VI. The present convention shall be ratified by His Majesty the King of Wiirttemberg, with the consent of the Chambers of the RatiBction.. xiugdom, aud by the President by and with, the advice and 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. SEAL. Geo. Bancroft. Fbeihbkk von Vaknbulee. PROTOCOL explanatory OF THE CONVENTION. Done at Stuttgart the 27th July, 1868. The undersigned met to-day to sign the treaty 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 Wurtemberg and from Wurtemberg to the United States of America ; on which occasion the following observations, more exactly defining and explaining the contents of this treaty were entered in the following pro- tocol. I. — Belating to the first article of the Treaty. (1) It is of course understood that not the naturalization alone, but a five years uninterrupted residence is also required, before a person can be regarded as coming within the treaty ; but it is by no means requisite, that the five years residence should take place after the naturalization. Yet it is hereby agreed, that if citizens of the one state become legally naturalized in the other state before they have resided there five years ; the persons so naturalized from the moment of their nuturalization, have to exercise all civil rights and are liable to all civil duties in the state into which they have been adopted. (2) The words; "resided uniuterraptedly" are obviously to be understood, not of a continual bodily presence, but in the legal sense ; and therefore a transient absence, a journey or the like, by no means interrupts the period of five years contemplated by the first article. II. — BelaUng to the second article of the treaty. , On the side of Wurtemberg, it is agreed that all former Wurtembergers, who under the first article of this treaty arc to be held as American citizens niay, whether they have emigrated before or after the age of liability to military service, return to their original coimtry, free from military duties and penalties and with a claim to the de- livery of the property which may have been sequestered, with the exception of those Wurtemberg emigrants liable to military duty who have taken to fl.ight (1) After their enrolment in the active army and before their discharge from the same, or (2) after they (o) have been called into service ,with the class of their age or on oc- casion of placing the military force on a war footing, or (6) have been present at a muster and been desigiiated as a part of the contingent. m. — Eelaiing to the fourth article of the treaty. It is agreed that the fourth article shall not receive the interpretation, that the nat- uralized citizen of the one state who returns to the other state, his original country, PROTOCOL EXPLANATOKY OF THE CONVENTION. 1149 and there takes up his residence, does by that act alone recover his former citizenship ; nor can it be assumed, that the state to which the emigrant originally belonged is bound to restore him at once to his original relation. On the contrary it is only in- tended to be declared ; that the emigrant so returning, is authorized to acquire the citizenship of his former country, in the same manner as other aliens in conformity to the laws and regulations which are there established, yet it is left to his own flee choice, whether he will adopt that course, or will preserve the citizenship of the coun- try of his adoption. With regard to this choice, after a two years residence in his original country he is bound if so requested by the proper authorities, to malie a dis- tinct declaration, upon which these authorities can come to a decision as the case may ba, with regard to his being received again into citizenship or his further residence in the manner prescribed by law. [SEAi.] Geo. Banckoft. [SEAI..] , FRBIHEKR TON VaKNBOLER. AMELIORATION OF THE CONDITION OF THE WOUNDED IN WAR. 1864. CONVENTION* FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED IN ARMIES IN THE FIELD BETWEEN SWITZERLAND, BADEN, BELGIUM, DENMARK, SPAIN, PRANCE, HESSE, ITALY, NETHERLANDS, PORTUGAL, PRUSSIA, WtJRTEMBERG, AND ACCEDED TO BY SWEDEN AND NORWAY, GREECE, GREAT BRITAIN, MECKLENBURG-SCHWERIN, TURKEY, BAVARIA, AUSTRIA, RUSSIA, ROUMANIA, PERSIA, SALVADOR, MONTENEGRO, SERVIA, BOLIVIA, CHILI, ARGENTINE REPUBLIC, PERU AND JAPAN. Concluded August 22, 3 864 ; ratifications exchanged at Geneva June 22, 1865; acceded to by the United States March 1, 1882; accession of United iStates accepted by /Switzerland, on behalf of the powers, June 9, 1882 ; proclaimed as to the original convention, but with reserve as to the additional articles, July 26, 1882. The Swiss Confederation ; His Eoyal Highness the Grand Duke of Baden ; His Majesty the King of the Belgians ; His Majesty the King of Denmark; Her Majesty the Queen of Spain; His Majesty the Em- peror of the French ; His Eoyal Highness the Grand-Duke of Hesse ; His Majesty the King of Italy ; His Majesty the King of the I^etherlands ; His Majesty the King of Portugal and of the Algarves ; His Majesty the King of Prussia; His Majesty the King of Wiirtemberg, being equally animated with the desire to soften, as much as depends on them, the evils of warfare, to suppress its useless hardships and improve the fate of wounded soldiers on the field of battle, have resolved to conclude a convention to that effect, and have named for their plenipotentiaries, viz: The Swiss Confederation: Guillaume Henri Dufour, Grand Officer of the Imperial Order of the Legion of Honor, General in Nesotiator. Qj^jef of the federal army, Member of the Council of the State ; Gustavo Moynier, President of the International Belief Commit- tee for wounded soldiers, and of the Geneva Society of Public Utility ; and Samuel Lehmann, federal Colonel, Doctor in Chief of the federal army. Member of the ifational Council ; His Eoyal Highness the Grand Duke of Baden : Eobert Volz, Knight of the Order of the Lion of Zsehringen, M. D., Medical Councillor at the Direction of Medical Affairs ; and Adolphe Steiher, Knight.of the Order of the Lion of Zsehringen, Chief Staff Physician ; 'The President's ratification of the act of accession, as transmitted to perne and exchanged for the ratifications of the other signatory and adhesory powers, embraces the French text of the convention of August 22, 1864, and the additional articles of October 20, 1868. The Frencli text is, therefore, for all international purposes, tlQ standard one. 1150 AMELIORATION OF THE CONDITION OF WOUNDED IN WAE. 1151 His Majesty the King of the Belgians : Augaste Visschers, Officer of the Order of Leopold, Councillor at the Council of Mines ; His Majesty the King of Denmark : Charles Emile Penger, Com- mander of the Order of Danebrog, decorated with the silver cross of the same Order, Grand Cross of the Order of Leopold of Belgium, &c., &c., His Councillor of State ; Her Majesty the Queen of Spain : Don Jos6 Heriberto Garcia de Que- vedo, Gentleman of her Chamber on active service, Khight of the Grand Cross of Isabella the Catholic, Numerary Commander of the Order of Charles III., Knight of the first class of the Royal and Military Or- der of St. Ferdinand, Officer of the Legion of Honor of France, Her Minister-Eesident to the Swiss Confederation ; His Majesty the Emperor of the French: Georges Charles Jager- schmidtj Officer of the Imperial Order of the Legion of Honor, Officer of the Order of Leopold of Belgium, Knight of the Order of the Eed Eagle of Prussia of the third class, &c., «&c., Sub-Director at the Min- istry of Foreign Affairs ; Henri Eugfene S^guineau de Pr6val, Knight of the Imperial Order of the Legion of Honor, decorated with the Im- perial Order of the Medjidi6 of fourth class. Knight of the Order of Saints Maurice and Lazarus of Italy, &c., &c., military Sub-Commis- sioner of first class; and Martin Prangois Boudier, Officer of the Im- perial Order of the Legion of Honox-, decorated with the Imperial Or- der of the Medjidi^ of the fourth class, decorated with the medal of Military Valor of Italy, &c., &c., doctor in chief of second class ; His Eoyal Highness the Grand Duke of Hesse: Charles Auguste Brodriick, Knight of the Order of Philip the Magnanimous, of the Or^ der of St. Michael of Bavaria, Officer of the Eoyal Order of the Holy Savior, &c., &c.. Chief of Battalion, Staff Officer ; His Majesty the King of Italy : Jean Oapello, Knight of the Order of Saints Maurice and Lazarus, his Corisul-General to Switzerland, and Felix Baroffio, Knight of the Order of Saints Maurice and Lazarus, Doctor in Chief of medical division ; His Majesty the King of the Netherlands: Bernard Ortuinus Theo- dore Henri Westenberg, Officer of His Order of the Crown of Oak, Knight of the Orders of Charles III. of Spain, of the Crown of Prussia, of Adolphe of Nassau, L. D., His Secretary of Legation at Frankfort; His Majesty the King of Portugal and of ibhe Algarves : Jos6 Antonio Marques, Knight of the Order of Christ, of Our Lady of the Conception of Villa Vigiosa, of Saint Benedict of Aviz, of Leopold of Belgium, &c., M. D. Surgeon of Brigade, Sub-Chief to the Departnient of Health at the Ministry of War ; His Majesty the King of Prussia : Charles Albert de Kamptz, Knight of the Order of the Eed Eagle of second class, &c., &c., &c.. His Envoy Extraordinary and Minister Plenipotentiary to the Swiss Confederation, Private Councillor of Legation; Godefroi Pr6d6ric Prangois Loeffler, Knight of the Order of the Eed Eagle of third class, &c., &c., M. D. Physician in Chief of the fourth Army Corps ; and Georges Hermann Jules Eitter, Knight of the Order of the Crown of third class, &c., &c., Private Councillor at the Ministry of War ; His Majesty the King of Wiirtemberg : Christophe Ulric Hahn, Kuight of the Order of Saints Maurice and Lazarus, &c., Doctor of Phi- losophy and Theology, Member of the Central liojal Direction for Charitable Institutions: Who, after having exchanged their powers, and found them in good and due form, agree to the following articles : Aktiole I. Ambulances and military hospitals shall be ackaowl- 1152 TREATIES AND CONVENTIONS.' , , , ^ edged to be neuter, and, as such, shall be protected and "iijtjry _^^io»i>itais Tespectsd by belligerents so long as any sick or wounded e..are neutral. ^^^ ^^ therCiU. Such neutrality shall cease if the ambulances or hospitals should be held by a military force. A.ET. II. Persons employed in hospitals and ambulances, comprising peraoM employed the Staff foT supcrintendcnce, medical service, administra- intbsra also neutral, ^jqj,^ trangpoit of wouuded, as well as chaplains, shall par- ticipate in the benefit of neutrality, whilst so employed, and so long as there remain any wounded to bring in or to succor, Aet. III. The persons designated in the preceding article may, even Treatment and ^^^cr occupation by the enemy, continue to fulfill their duties prMesM^of l°ch iu thc hospltal or ambulance which they serve, or>may with- draw in order to rejoin the corps to which they belong. Under such circumstances, when these persons shall cease from their functions, they shall be delivered by the occupying army to the out- posts of the enemy. Aet. IV. As the equipment of military hospitals remains subject to Cannot carry away thc laws of War, pcrsons attachcd to such hospitals cannot, e,uipments. Jq wlthdrawiug, carry away any articles but such as are their private property. Under the same circumstances an. ambulance shall, on the contrary, retain its equipment. Aet. V. Inhabitants of the country who may bring help to the Inhabitants of the "^^undcd Shall be respected, and shall remain free. The coumry' who" a'id goncrals of the belligerent Powers shall make it their care to inform the inhabitants of the appeal addressed to their humanity, and of the neutrality which will be the consequence of it. Any wounded man entertained and taken care of in a house shall be considered as a protection thereto. Any inhabitant who shall have en- tertained wounded men in his house shall be exempted from the quar- tering of troops, as well as from a part of the contributions of war which may be imposed. i Care of wounded Aet. VI. Woundcd or sick soldiers shall be entertained soldiers. g^Q^ taken care of, to whatever nation they may belong. Commanders-in-chief shall have the power to deliver iinmediately to the outposts of the enemy soldiers who have been wounded in an en- gagement when circumstances permit this to be done, and with the consent of both parties. Keturn of wound- ThosB who arc recoguizcd, after their wounds are healed, ed soldiers. g^g incapablo of serving, shall be sent back to their country. The others may also be sent back, on condition of not again bearing arms during the continuance of the war. Evacuations nen- Evacuatious, togcthcr with the persons under whose direc- "''■ tions they take place, shall be protected by an absolute neutrality. Aet. VII. A distinctive and uniform flag shall be adopted for hos- Fiag lor hospital, pltals, ambulauces and evacuations. It must, on every oc- and ambulances, caslou, bo accompanicd by the national flag. An arm-badge (brassard) shall also be allowed for individuals neutralized, but the de- livery thereof shaU be left to miUfcary authority. The flag and the arm-badge shall bear a red cross on a white ground. Aet. VIII. The details of execution of the present convention shall Execution of con. bc rcgulatcd by the commanders-in-chief of belligerent vention. armics, according to the instructions of their respective goverunieuts, and in conformity with the general principles laid down, in this convention. AMELIOEATION OF THE CONDITION OF WOUNDED IN WAR. 1153 Aet. IX. The high contracting Powers have agreed to communicate the present convention to those Governments which have not found it convenient to send plenipotentiaries to the In- comZVi^id" w ternational Conference at Geneva, with an invitation to °"'"°"'°"'- accede thereto ; the protocol is for that purpose left open. ' Aet. X. The present convention shall be ratified, and the ratifica- tions shall be exchanged at Berne, In four months, or sooner, if possible. Katiacations.. In faith whereof the respective Plenipotentiaries have^igned it and have affixed their seals thereto. Done at Geneva, the twenty-second day of the month of August of the year one thousand eight hundred and sixty-four. SEAL. SEAL.' SEAL.' SEAL.' SEAL.' SEAL.' SEAL.' SEAL.' 'sEAIi.' SEAL.' 'seal.' SEAL.' SEAL.' SEAL.' SEAL.' SEAL.' 'seal.' SEAL.' SEAL.' SEAL.' General G. H. Dufotjk. G. MOYNIEE. Dr. Lehmann. Dr. Eobeet Volz. Steinee. Visschees. Fehgee. .f. HeEIBBETO GAEOfA DE QUEVEDO. Ch. Ja&eeschmidt. S. DE PEilfiVAL. botjdibe. Bkodeuok:. Capello. F. Baeopfio. "Westenbeeg. Jos:6 Antonio MAEQiTJES. De Kamptz. lcepplee. Eittbe. Dr. Hahn. ^ 1868. ADDITIONAL AETICLES * TO THE CONVENTION OF AUGUST 22, 1864, FOE THE AMELIORATION OF THE CONDITION OF THE WOUNDED IN ARMIES IN THE FIELD, EXTENDING TO NAVAL FORCES THE ADVANTAGES OF THAT CONVENTION, CONCLUDED BY NORTH GERMANY, AUSTRIA, BA- DEN, BAVARIA, BELGIUM, DENMARK, FRANCE, GREAT BRITAIN, ITALY, NETHERLANDS, SWEDEN AND NORWAY, SWITZERLAND, TURKEY, AND WtJRTEMBERG. Concluded Octoier 20, 1868 ; acceded to ly the United States March 1, 1882 ; acoeasion of tie United States accepted by Switzerland, on iehalf of the powers, June 9, 1883 ; promul- gation hy the United States deferred until the exchange of ratifications hy the contracting States. The governments of North. Germany BAustria, aden, Bavaria, Belgium, Denmark, France, Great Britain, Italy, the Netherlands, Sweden and Norway, Switzerland, Turkey, and Wiirtemberg, desiring to extend to arnjies ou the sea the advantages of the Convention concluded at Geneva the 22d of August, 1864, for the amelioration of the condition of wounded soldiers in armies in the field, and to further particularize some of tho stipulations of the said Convention, have named for their commissioners : "These "Additional articles" will have the full force and effect of au international treaty when the several contracting powers shall have exchanged their ratifications Of the same and when it shall have been proclaioied hy the President. 3769 TE 73 1154 TEEATIES AND CONVENTIONS. 1. North Germany: Henri de Eoeder, Lieutenant-General, Envoy Extraordinary Negotiators ^^^ Minister Plenipotentiary of His Majesty the King of Prussia and of the North Germanic Confederation to the Swiss Confederation, Knight of the Eed Eagle, second class, &c., &o. ; Frfid^ric Loefflef, Physician in Chief of the Army, Professor of Military Medicine, Knight of the Order of the' Crown, second class, with crossed swords, &c., &c. ; and Henry Kohler, Naval Captain, Chief of Division athips. tinuanoe of the war. *[The vessels not equipped for fighting, wU6h,dwring peace,tlie government shall have offimally declared to he intended to serve as floating hospital ships, shall, however, evjoy dur- ing the war complete neutrality, both as regards stores, and also as regards their staff,pro- • vided their equipment is exclusively appropriated to the special service on which they are employed.'] ' i Art. X. Any merchantman, to whatever nation she may belong, charged exclusively with removal of sick and wounded, 13 protected by neutrality, but the mere fact, noted on the ship's books, of the vessel having been visited """'•"' """'•■ by an enemy's cruiser, renders the sick and wounded incapable of serving during the continuance of the war. The cruiser shall even have the right of putting on board an officer in order to accompany the convoy, and thus verify the good faith of the operation. If the merchant ship also carries a cargo, her neutrality will still protect it, pro- vided that such cargo is not of a nature to be confiscated by the belligerents. 'In the published English text, from which this versign of the Additional Arti- cles is taken, the paragraph thus marked in brackets appears in continuation of Article IX. It is n6t, however, found in the original French text adopted by the Geneva conference, October 30, 1868. By an instruction sent to the United States minister at Berne, January 20, 1883, the right is reserved to omit this paragraph from the English text, and to make any other necessary corrections, if at any time hereafter the Additional Articles shall be completed by the exchange of the ratifications hereof between the several signatory and adhering powers. 1156 TREATIES AND CONVENTIONS; The belligerents retain the right to interdict neutralized vessels from all commulii- certai. riBbte of "^'tion, and from any course which they may deem prejudicial to the beiiigerBnte towards sccreoy of their Operations. In urgent cases special conventions may be neutraiiMd Teasels, entered luto bctwcen commanders-in-chief, in order to neutralize tempo- rarily and in a special manner the vessels intended for the removal of the sick and ■wounded. Wounded Bsiiors -^^^ ^^' Woundcd or sick sailors and soldiers, when embarked, to whatever nation they may belong, shall be protected and t-aken care of by their captors. Their return, to their own country is subject to the provisions of Article VI. of the Xionvention, and of the additional Article V. Aet. XII. The distinctive flag to be used with the national flag, in order to indicate DistinctiTe flajof any vcsscl OT boat which may claim the benefits of neutrality, in virtue ' neutrality. of the principles of this Convention, is a white flag with a red cross. The belligerents may exercise in this respect any mode of verification which they may deem necessary. Military hospital ships shall be distinguished by being painted white outside, with green strake. Aet. XIII. The hospital ships which are ectuipped at the expense of the aid soeie- Hospitai ships be *i^^> recognizcd by the governments signing this Convention, and which longing to aid socie are fumishcd with a commission emanating from the sovereign, who "°'' shall have given express authority for their being fitted out, and with a certificate from the^ proper naval authority that they have been placed under his coq- trol during their fitting out and on their final departure, and that they were then ap- propriated solely to the purpose of their mission, shall be considered neutral as well as the whole of their staff. They shall be recognized and protected by the belliger- ents. They shall make themselves known by hoisting, together with their national flag, the white flag with a red cross. The distinctive mark of their staff, Distinctive flag. .^^ilo performing their duties, shall be an armlet of the same colors. Xhe outer painting of these hospital ships shall be white, with red strake. These ships shall bear aid and assistance to the wounded and wrecked belligerents, without distinction of nationality. They must take care not to interfere in any way with the movements of the corn- Most do theirdnty batauts. During and after the battle they must do their duty at their at their own risk. q^jj jjg^ and peril. The belligerents shall have the right of controlling and visiting them; they will be Control of heiiig. at liberty to refuse their assistance, to order them to depart, and to de- erents over them, ^aiu them if the exigencios of the case require such a step. No reclamation of "^^^ woundcd and Wrecked picked up by these ships cannot be re- theJ "onn. Felice Bakrofio. F. LCEFITLER. Paolo COTTRAU. KOhlek. H. a. van Kahnebeek. De. Mundt. Westenberg. Steinbe. F. N. Staaff. De. Dompibeee. G. H. Dufoue. Visschees. Gr. Motnibe. J. B. G. Galiffb. De. S. Lehmastn. A. COUPVBNT DES BOIS. HUSNT. H. DE Pe^vai. De. C. Hahn. ' John Satiixe Lumley. De. Fichm!. H. E. Yelvheton. INTERNATIONAL BUREAU OF WEIGHTS AND MEASURES. 1875. CONVENTION* FOE THE ESTABLISHMENT OP AN' INTEENATIONAL BU- EEAU OF WEIGHTS AND MEASUEES BETWEEN THE UNITED STATES, GEEMANY, AUSTEIA-HUNGARY, BELGIUM, BEAZIL, THE ARGENTINE CON- FEDEEATION, DEMAEK, SPAIN, FEANCE, ITALY, PEEU, POETUGAL, EUSSU, SWEDEN AND NOEWAY, SWITZEELAND, TUEKEY, AND VENE- ZUELA. Concluded May 20, 1875 j ratifications exchanged at Paris August 2, 1878 ; proclaimed September 27, 1878. His Excellency the President of the United States of America, His Majesty the Emperor of Germany, His Majesty the Emperor of Austria- Hnngary,His Majesty the King of the Belgians, His Majesty theEmperor of Brazil, His Excellency the President of the Argentine Confederation, His Majesty the King of Denmark, His Majesty the King of Spain, His Excellency the President of the French Eepublic, His Majesty the King of Italy, His Excellency the President of the Eepublic of Peru, His Majesty the King of Portugal and the Algarves, His Majesty the Em- peror of all the Eussias, His Majesty the King of Sweden and Norway, His Excellency the President of the Swiss Confederation, His Majesty the Emperor of the Ottomans, and His Excellency the President of the Republic of Venezuela, desiring international uniformity and precision in standards of weight and measure, have resolved to conclude a con- vention to this effect, and have named as their plenipotentiaries the following : His Excellency the President of the United States of America : Mr. Elihu Benjamin Washburne, Envoy Extraordinary and Nejotiawrs Minister Plenipotentiary of the United States at Paris ; His Majesty the Emperor of Germany : His Highness Prince Hohen- lohe Schillingsfilrst, Grand Cross of the Order of the Eed Eagle of Prussia, and of the Order of St. Hubert of Bavaria, &c., &c., &c., his Ambassador Extraordinary and Plenipotentiary at Paris ; His Majesty the Emperor of Austria- Hungary : His Excellency Count Apponyi, his Actual Chamberlain and Privy Counselor, Knight of the Golden Fleece, Grand Cross of the Eoyal Order of St. Stephen of Hun- gary, and of the Imperial Order of Leopold, &c., &c., &c., his Ambas- sador Extraordinary and Plenipotentiary at Paris ; His Majesty the King of the Belgians : Baron Beyens, Grand Offlcer of his Order of Leopold, Grand Officer of the Legion of Honor, &c., &"c., &c., his Envoy Extraordinary and Minister Plenipotentiary at Paris ; His Majesty the Emperor of Brazil > Mr. Marcus Antonio d'Araujo, Viscount d'ltajuba. Grandee of the Empire, member of His Majesty's • Translation. The convention as signed was in the French language only. 1158 TREATIES AND CONVENTIONS. Council, Commander of Ms Order of Christy Grand OfQcer of the Legion of Honor, &c.,&c., &c., his Envoy Extraordinary and Minister Pleni- potentiary at Paris ; His Excellency the President of the Argentine Confederation : Mr. Balcarce, Envoy Extraordinary and Minister Plenipotentiary of the Ar- gentine Confederation at Paris ; His Majesty the King of Denmark : Count de Moltke-Hvitfeldt, Grand Cross of the Order of Dannebrog, and decorated with the Cross of Honor of the same order. Grand OfBcer of the Legion of Honor, &c., &c., &c., his Envoy Extraordinary and Minister Plenipotentiary at Paris ; His Majesty the King of Spain : His Excellency Don Mariano Eoca de Togores, Marquis de Molins, Viscount de Eocamora, Grandee of Spain of the First Class, Knight of the Eenowned Order of the Golden Fleece, Grand Cross of the Legion of Honor, &c., &c., &c,, Director of the Eoyal Spanish Academy, his Ambassador Extraordinary and Pleni- potentiary at Paris ; and General Ibanez, Grand Cross of the Order of Isabella the Catholic, &c., &c., Director General of the Geographical and Statistical Pustitute of Spain, Member of the Academy of Sciences j His Excellency the President of the French Eepublic: The Diike Decazes, deputy to the Natioflal Assembly, Commander of the Order of the Legion of Honor, &c., &c., &c., Minister of Foreign Affairs ; the Viscount de Meaux, deputy to the National Assembly, Minister of Agri- culture and of Commerce; and Mr. Dumas, Perpetual Secretary to the Academy of Sciences, Grand Cross of the Order of the Legion of Honor; His Majesty the King of Italy : The Chevalier Constantino Mgra, Knight of the Grand Ccoss of his Orders of St. Maurice and St. Lazarus, and of the Crown of Italy, Grand Offlcer of the Legion of Honor, &c., &c., &c., his Envoy Extraordinary and Minister Plenipotentiary at Paris ; His Excellency the President of the republic of Peru : Mr. Pedro Galvez, Envoy Extraordinary and Minister Plenipotentiary of Peru at Paris ; and Mr. Francisco de Eivero, formerly Envoy Extraordinary and Minister Plenipotentiary of Peru ; His Majesty the King of Portugal and of the Algarves : Mr. Jos6 da Silva Mendes Leal, Peer of the Eealm, Grand Cross of the Order of Saint James, Knight of the Order of the Tower and Sword of Portugal, &c., &c., &c., his Envoy Extraordinary and Minister Plenipotentiary at Paris; His Ma,jesty the Emperor of all the Eussias : Mr. Gregory Okounefif, Knight of the Eussian Orders of St. Anne of the first class, of St. Stan- islaus of the first class, of St. Vladimir of the third. Commander of the Legion of Honor, Actual Counselor of State, Counselor of the Embassy of Eussia at Paris ; His Majesty the King of Sweden and ]S"orway : Baron Adelsward, Grand Cross of the Order of the Polar Star of Sweden, and of St. Olaf of Norway, Grand Officer of the Legion of Honor, &c., &c., &c., his En- voy Extraordinary and Minister Plenipotentiary at Pari3 ; ' His Excellency the President of the Swiss Confederation : Mr. Jean Conrad Kern, Envoy Extraordinary and Minister Plenipotentiary of the Swiss Confederation at Paris ; His Majesty the Emperor of the Ottomans : Husny Bey, Lieutenant- Colonel of Stafi:", wearer of a fourth-class decoration of the Imperial Order of Osmania, of a fifth-class decoration of the Order of Medjidie, Officer of the Legion of Honor, &c., &c., &c. ; His Excellency the President of the Eepublic off Venezuela : Doctor Eliseo Acosta, ' iNfEtSNAttONAL feUtiEAtJ dip WEIGJHSs ANb MEASURES. 1159 Who, after having exhibited their full powers, which were found to be in good and due form, have agreed upon the following articles : Article 1. The high contracting parties engage to establish and maintain, at their common expense, a scientific and permanent interna- Tmemationai bu- tional bureau of weights and measures, the location of which ™a™Lr?o?a«d « shall be at Paris. ^<"•'■ Article 2. "^ The French Government shall take all the necessary measures to facilitate the purchase, or, if expedient, the construction, of Buiidma for thi. a building which shall be especially devoted to this purpose, "'""'°'^ subject to the conditions stated in the regulations which are subjoined to this convention. Article 3. The operation of the international bureau shallbe under the exclusive direction and supervision of an international committee of Direction' of ae weights and measures, which latter shall be under the con- ^'"""'■ trol of a general conference for weights and measures^ to be composed of the delegates of all the contracting governments. Article 4. The general conference for weights and measures shall be presided over by the president for the time being of the Paris presiding osceroi Academy of Sciences. Bcnerai conference. Article 5. The organization of the bureau, as well as the formation and the pow- ers of the international committee, and of the general con- orsamzation ot ference for weights and measures, are established by the '""'"• regulations subjoined to this convention. Article 6. Duties of bureau. The international bureau of weights and measures shall be charged with the following duties : 1st. All comparisons and verifications of the new prototypes of the meter and kilogram. ' 2d. The custody of the interpational prototypes. 3d, The periodical comparison of the national standards with the in- ternational prototypes and with their test copies, as well as compari- sons of the standard thermometers. 4th. The comparison of the prototypes with the fundamental stand- ards of non- metrical weights and measures used in different countries for scientific purposes. 5th. The sealing and comparison of geodesic measuriug-bars. 6th. The comparison of standards and scales of i)recisiou, the verifi- cation of which may be requested by governments or by scientific so- cieties, or even by constructors or men of science. 1160 TREATIES AND CONVENTIONS. Akticle 7. The persons composing the bureau shall be a director, two assistauts, and the necessary number of employes. When the com- bnreau. pg^j.jgQjjg ^f jjjg jjg^ prototypcs shall have been finished, and when these prototypes shall have been distributed among the different states, the number of persons composipg the bureau shall be reduced so far as may be deemed expedient. The governments of the high contracting parties will be informed by the international committee of the appointment of the persons compos- ing this bureau. Akticle 8. The international prototypes of the meter and of the kilogram, to- gether with the test copies of the same, shall be deposited w6°BMl''a°nd'°n!'eM- in tho bureau, and access to them shall be allowed to the ures to be deposit»sd. . , ,. ■, ' ... -. international committee only. Article 9. The entire expense of the construction and outfit of the international bureau of weights and measures, together with the annual spenses. ^^^^ ^^ .^^ maintenance and the expenses of the committee, shall be defrayed by contributions from the contracting states, the amount of which shall be computed in proportion to the actual popula- tion of each. Akticle 10. The amounts representing the contributions of each of the contract- paytnent br con- i^g statcs shall bc paid at the beginning of each year, tractbgBfcto. through the ministry of foreign affairs of France, into the Gaisse de d6p6ts et consignations at Paris, whence they may be drawn as occasion may require, upon the order of the director of the bureau. Article 11. Filiation ofcontri- ThosB govemmeuts which may tate advantage of the outione. privilege, open to every state, of acceding to this convention, shall be required to pay a contribution, the amount of which shall be fixed by the committee on the basis established in article 9, and which shall be devoted to the improvement of the scientific apparatus of the bureau. Article 12. The high contracting parties reserve to themselves the power of in- Modifimiona of troduclug luto the present convention, by common consent, present coi>v=ntio„. g^jjy modifications the propriety of which may have been shown by experience. Article 13. Abrogation of con "^^ the cxplratlon of twelve years this convention may ^^"SSeF" ^® abrogated by aoy one of the high contracting parties, so far as it is conc^ned. Any government which may avail itself of the right of terminating this convention, so far as it is concerned, shall be required to give no- INTEENATIONAL BUREAU OP \^EIGHTS AND MEASURES. 1161 tice of its intentions one year in advance, and by so doing shall re- nounce all rights of joint ownership in the international prototypes and in the bureau. Abticle 14. This Convention shall be ratified according to the constitutional laws of each state, and the ratifications shall be exchanged in Paris within Bix months, or sooner, if possible. It shall take effect on the first day of January, 1876. Intestimony whereof the respective plenipotentiaries have attached their signatures and have hereunto affixed their seals of arms. :Done at Paris, May 20, 1875. > SEAL. E. B. Washbui^ne. SEAL.' Hohenlohe. SEAL. Apponyi. SEAL." Beyens. SEAL.' Viscount d'Itajuba. SEAL. M. Balcaege. SEAL.' MOLTKE-HVITFELDT. SEAL.' Marquis db Molins. SEAL. ' OIrlos Ibanez. SEAL.' Decazes. ) SEAL. 0. DE MeAUX. > "seal. N. Dumas. ) SEAL.' Nigra. SEAL.' P. Galvez. 'seal.' Fran'co de Eivero. SEAL. JOS]E DE SiLVA MeNDES LeAL. SEAL. Okouneep. For M. le Barton Adelsward (prevented). SEAL. H. Akerman. • seAl.' Keen. SEAL.' HUSNY. SEAL. E. ACOSTA. Appendix No. 1.— EEGULATIONS. Article 1. The international bureau of weights and measures shall be established in a special building, possessing all the necessary safe-guards Bmidinj co, bu- of stillness and stability. • It shall comprise, in addition to the vault, which shall be devoted to the safe-keeping of the prototypes, rooms for mounting the comparators and balances ; a laboratory, a library, a room for the archives, work- rooms for the employes, and lodgings for the watchmen and attendants. Article 2. It shall be the duty of the international committee to acquire and fit up the aforesaid building and to set in operation the work ,icu„„iti„„„„df,t. for which it was designed. ' tingoruiebuiWinB. In case of the committee's inability to obtain a suitable building, one shall be built under its directions' and in accordance with its plans. 1162 TREATIES AND CONVENTIONS. Abticlb 3. ' The Frencli Governmecit shall, at the request oif the international Kecognitionof bn- committce, take the necessary measures to cause the bureau «nme»t^''°'''°°" to be recoguized as an establishment of public utility. Aeticle 4. The international committee shall cause the necessary instruments to be constructed, such as comparators for the standards of inBtrmnents. j.^^^ ^^^ ^^^ measurcs, apparatus for the determination of absolute .dilatations, balances for weigBiijig in air and in vacuo, com- parators for geodetic measuring-bars, &c. Aeticle 5. The entire expense incurred in the purchase or construction of the Expens. limited to bulldiug, aud iTi thc purchase and placing of the Instruments 400,000 francs. ^ud apparatus, shall not exceed 400,000 francs. Aeticle ,6. Eetimated ezpen- diturea. The estimate of annual expenditures is as follows: (A) For the first period — during the construction and comparison of the new prototypes — (a) Salary of the director , 15,000 fr. " oftwoadjnncts, at 6,000 fr. each 12,000 " offour assistants, at 3,000 fr. each 12,000 Pay of door-keeper, (mechanic) 3,000 Wages of two-office boys, at 1,500 fr. each 3,000 • ' Total for salaries ^ 45,000 (6) Compensation to men of science and artists who, by direction of the committee, may be employed to perform special duties, keeping of the building in proper order, purchase and repair of apparatus, fuel, light, and office-expenses 24,000 (c) Compensation of the secretary of the international committee of weights and measures 6,000 Total 75,000 The annual budget of the bureau may be modified by the interna- tional committee as necessity may require at the suggestion of the director, but it shall in no case exceed the sum of 100,000 francs. The contracting governments shall be notified of any modifications that the committee may think proper to make within these limits, in the annual budget fixed by the present tegulations. The committee may authorize the director, at his request, to make transfers from one subdivision of the allotted Isudget to another. (B) For the period subsequent to the distribution of the prototypes: (a) Salary of the director 15,000 fr. " one adjunct 6,000 Pay of a door-keeper, (mechanic) 3,000 Wages of an office-boy 1,500 25,500 (6) Office.expen8es 18,500 (c) Compensation of secretary, international committee 6, 000 Total.... 50,000 INTERNATIONAL BUEEAIT OF WEIGHTS AND MEASUEES. II 63 Akticle 7. ' The general conference mentioned in article 3 of this convention shall beat Paris, upon the summons of the international com- smerai confer- mittee, at least once every six years. "==• It shall be its duty to discuss and initiate measures necessary for the dissemination and improvement of the metrical system, and to pass upon such new fundamental metrological determinations as may have been made during the time when it was not in session. It shall receive the report of the international committee concerning the work that has been accomplished, and shall replace one-half of the international committee by secret ballot. The voting in the general conference shall be by states ; each state shall be entitled to one vote. Each of the members of the international committee shall be entitled to a seat at the meetings of the conference. They may at the same time be delegates of their governments. Aeticle 8. The international committee mentioned in article 3 of the convention shall be composed of fourteen members, who tsr'i.°aSif'cSiSmS'. shall belong to different states. It shall consist, at first, of the twelve members of the former perma- manent committee of the international commission of 1872, and of the two delegates who, at the time of the appointment of that permanent committee, received the largest number of votes next to the members who were elected." At the time of the renewal of one-half of the international committee, the retiring members shall be, first, those who, in cases of vacancy, may have been elected provisionally during the interval occurring between two sessions of the conference. The others shall be designated by lot. The retiring members shall be re-eligible. Article 9. The international committee shall direct the work connected with the verification of the new prototypes, and, in general, all the D„,ie, of intern.. metrological labors, as the high contracting parties may ""-i'l ="""""«» decide to have performed at the common expense. It shall, moreover, exercise supervision over the safe-keeping of the international proto- types. Aeticle 10. The international committee shall choose its chairman and secretary by secret ballot. The governments of the high ofSteS.on°uom' contracting parties shall be notified of the result of such elections. The chairman and secretary of the committee, and the director of the bureau, must belong to different countries. After having been formed, the committee shall hold no new elections and make no new appointments until three months after notice thereof shall have been given to all themembers by the bureau of the committee. 1164 TREATIES AND CONVENTIONS. AETIOLB 11. Until the new prototypes shall have been finished and distributed, Meetings oi com- t^o committee shall meet at least once a year. After that miitee. ^jjjjjg ^^ meetings shall be held at least biennially. Article 12. Questions upon which a vote is taken in the committee shall be de- voting in commit- clded by a majority of the votes cast. In case of a tie, the «=»■ • vote of the chairman shall decide. ISo resolution shall be considered to have been duly adopted unless the number of members present be at least equal to a majority of the members composing the committee. This condition being fulfilled, absent members shall have the right to authorize members who are present to vote for them, and the mem- bers thus authorized shall furnish proper evidence of their authorization. The same shall be tiie case in elections by secret baUot. Akticle 13. During the interval occurring between two sessions, the committee shall have the right to discuss questions by correspond- Discu^BioD of QiieB- , "^ */ ±. tions between aes- 611C6a • BioQS of the commit- -r * '■ iiij*i ij* i tee by correspond- lu such cascs, lu ordcr that its resolutions may be con- sidered to have been adopted in due form, it shall be nec- essary for all the members of the committee to have been called upon to express their opinions. Article 14. The international committee for weights and measures shall provis- vacanciesincom- ioually fill such vacancics as may occur in it; these elec- mittee. tlons shall take place by correspondence, each of the mem bers being called upon to take part therein. Article 15. The international committee shall prepare detailed regulations for the Regulations for orgauizatlon and the labors of the bureau, and shall fix the conducting bureau, amouuts to bo paid for the performance of the extraordinary duties provided for in article 6 of this convention. Such amounts shall be applied to the improvement of the scientific apparatus of the bureau. Article 16. All communications from the international committee to the govern- comnmnications mcuts of thc high coutractlng parties shall take place f?om commit°t?o"S through thc diplomatic representatives of such countries at be through diplomat- "Po-pio jc representa-Wea at J- f-A io. ''"'"■ For all matters requiring the attention of the French au- thorities, the committees shall have recourse to the ministry of foreign aifairs of France. INTERNATIONAL BUKEAU OF WEIGHTS AND MEASURES. 1165 Aeticle 17. The director of the bureau and the adjuncts shall be chosen by the international committee b*y secret ballot. Directoivorburea«. The employes shall be appointed by the director. The director shall have a right to take part in the deliberations of the committee. Article 18. The director of the bureau shall have access to the place of deposit of the international prototypes of the meter and the kilo- ... n ij_- /»j_i •11 T Eeposita of stand- gram only in pursuance of a resolution of the committee and ards of wBisnts ana in the presence of two of its members. The place of deposit of the prototypes shall be opened only by means of three keys, one of which shall be in possession of the director of the archives of Prance, the second in that of the chairman of the committee, and the third in that of the director of the bureau. The standards of the class of national prototypes alone shall be used for the ordinary comparing work of the bureau. Article 19. The director of the bureau shall annually furnish to the committee : Ist. A financial report concerning the accounts of the pre- -,. I'll 11 1 •! 1 '^ J? J 1. Duties of director. csilmg year, which shall be examined, and, if found correct, a certificate to that effect shall be given him : 2d. A report on the con- dition of the apparatus ; 3d. A general report concerning the work ac- complished during the course of the year just closed. The international committee shall make to each of the governments of the high contracting parties an annual report concerning a„„„j, „p„„ „, all its scientific, technical, and administrative operations, ™"'""'«»- and concerning those of the bureau. The chairman of the committee shall make a report to the general conference concerning the work that has been accomplished since its last session. The reports and publications of the committee shall be iu the French language. They shall be printed and furnished to the governments of the high contracting parties. Article 20. The contributions referred to in article 9 of the convention ^.^c^ie^oi S''"" shall be paid according to the following scale : co»ntrief. The number representing the population, expressed in millions, shrill be multiplied by the coefiicient three for states iu which the use of the metrical system is obligatory ; by the coefficient two for those in which it is optional j by the coefficient one for other states. The sum of the products thus obtained will furnish the number of units by which the total expense is to be divided. The quotient will give the amount of the unit of expense. Article 21. The expense of constructing the international prototypes, and the standards and test copies which are to accompany them, shall be defrayed by the high contracting parties in accord- str^cS^arapS- ance with the scale fixed in the foregoing article. 1166 TREATIES AND CONVENTIONS. The amounts to be paid for the comparison and verification of stand- ards required by states not represented at this convention shall be regu- lated by the committee in conformity with the rates fixed in virtue of article 15 of the regulations. ' ' "> Article 22. These reguiatioM Thcso regulatious shall have the same force and value as to have a like force ii j.- a t ' t ii i with the conyention. the couvention to ■which they are annexed. (Signed) E. B. Washburne. hohenlohe. Apponyi. Beyens. ViSCOtTNT D'ITAJUBA. M. Balcarce. Moltee-Hviteeldt. Marquis de_Molins. CIelos Ibanez. Decazes. 0. DE MEAtrx. Dumas. Nigra. P. G-ALVEZ. Fran'co DE ErVBRO. JOS]^ DA SiLVA MeNDES LbAL. Okounepp. For M. le Baron Adelsward, (prevented), H. Akerman. Kern. HUSNY. B. ACOSTA. Appendix No. 2.— TRANSIENT PROVISIONS. Article 1. All states which were represented at the international meter commis- sion which met at Paris, in 1872, whether they are contract- orfnteSoMi'p'/c^ ing parties to the present convention or not, shall receive totype.. ^^^ prototypes that they may have ordered, which shall be delivered to them in the condition guaranteed by the said international commission. Article 2. sanMioo «nj diB- •'•^® principal object of the first meeting of the general tribS'n°o'f°proto.- confcrence of weights and measures shall be to sanction SI°iT,"tinrof the these new prototypes, and to distribute them among the states which shall have expressed a desire to receive them. ' In consequence, the delegates of all the governments which were represented in the international commission of 1872, as likewise the members of the French section, shall, of right, form part of this first meeting for the sanction of the prototypes. international bureau of weights and measures. 1167 Article 3. It shall be the daty of the international committee mentioned in Ar- ticle 3 of the convention, and composed as provided in Ar- conip»ri.o„or„ew tide 8 of the regulations, to receive and compare the new ■""""st""- prototypes one with the other, in accordance with the scientific decisions of the international commission of 1872, and of its permanent committee. Such modifications may, however, be made as may in future be sug- gested by experience. Article 4. The French section of the international commissiouof 1872 shall con- tinue to have charge of the labors inttusted to it in the construction of construction of the new prototypes, with the co-operation of "" """"■ the international committee. Article 5. The cost of manufacturing the metrical standards prepared by the French section shall be reimbursed by the governments in- terested, according to the cost-price per unit which shall be -ir?iS"t°ha"m°°rtai fixed by the said section. Btanjards. Article 6. The immediate formation of the international committee is authorized., and that body, when formed, is hereby empowered to make 11 i •j.'j*Ai ' • i_ Formation of in- all necessary preparatory examinations for the carrying into tomationBi commii, effect of the convention, without, howevet, incurring any '°=°"'"'°"^'"'- expense before the exchange of the ratifications of the said convention. E. B. Washburne. hohenlohe. Apponyi. Betens. Viscount d'Itajuba. M. Balcarce. Moltke-Hvitpeldt. Marquis beMolins. CIrlos Ibanez. Decazbs. G. DE MEAUX. Dumas. Nigra. P. Galvez. Fran'co de Eivbro. JosiS DA Silva Mendes Leal. Okouneff. For M. le Baron Adelsward (prevented), H. Akekman. Kern. HUSNT. E. Acosta. PROTECTION OF INDUSTRIAL PROPERTY. 1883. CONVENTION * AND FINAL PROTOCOL FOR THE PROTECTION OF INDUS- TRIAL PROPERTY BETWEEN BELGIUM, BRAZIL, FRANCE, GUATEMALA, ITALY, NETHERLANDS, PORTUGAL, SALVADOR, SERBIA, SPAIN, SWITZ- ERLAND, AND ACCEDED TO BY DOMINICAN REPUBLIC, GREAT BRITAIN, SWEDEN AND NORWAY, THE UNITED STATES, AND TUNIS.t Concluded at Paris March 20, 1883; ratifications exchanged by Signatory Powers at Paris, June 6, 1884; Accession of the United States to the Union announced by the Minister Resident and Consul- General of the United States at Berne to the Federal Council of Switzerland, May 30, 1887; proclaimed, June 11, 1887. His Majesty the King of the Belgians; His Majesty the Emperor of Brazil; His Majesty the King of Spain; The President pf the French Eepublic; The President of the Eepublic of Guatemala; His Majesty the King of Italy; His Majesty the King of the Netherlands; His Maj- esty the King of Portugal and the Algarves; the President of the Re- public of Salvador; His Majesty the King of Servia; the Federal Coun- cil of the Swiss Confederation; Equally animated by the desire to assure, by common accord, a com- plete and efficacious protection to the industry and commerce of the ^^^^^., subjects of their respective states and- to contribute to the osot^tor.. safeguard of the rights of inventors, and to the loyalty of commercial transactions, have resolved to conclude a Convention to that effect, and have named as their Plenipotentiaries the following: Sis Majesty the King of the Belgians: Baron Beyens, Grand Oflcer o His Eoyal Order of Leopold, Grand Officer of the Legion of Hoaor, etc., His Envoy Extraordinary and Minister Plenipotentiary at Paris; His Majesty the Umperor of Brazil : M. Jules Constant, Count de Vil- leneuve. Member of the Council of His Majesty, His Envoy Extraordi- nary and Minister Plenipotentiary near His Majesty the King of the * Tranalation. The couvention as signed was in the French language only. + The Republic of Salvador has announced its intention of withdrawing from the Union on and^after August 17, 1887. The several States hereinafter named have declared that their accession to the In- ternational Union for the protection of Industrial Property includes that of their Colonies and Possessions hereinafter enumerated, namely : Prance: Martinique, Guadeloupe and dependencies, Reunion and dependency, (Saint Mary of Madagascar) Cochin-China, Sb. Pierre, Miquelon; Guiana, Senegal and dependencies (Riviferes du Sud, Grand Bassam, Assimie, Porto Novo and Koto- nou), the Congo and of the Gaboon, Mayotte, Nossl-B6, the French Establishments in India (Pondicherry, Chanderuagore, Karikal, Mah6, Yanaon), New Caledonia, the French Establishments i'n Ooeanioa (Tahiti and dependencies), Obook and Di^go- Suarez; Portugal: The Azores and Madeira ; Spain: Cuba, Porto Rico and the Phillippines. 1168 PROTECTION OF INDUSTRIAL PROPERTY. 116^ Belgians, Commander of the Order of Christ, Officer of His Order of the Eose, Knight of the Legion of Honor, etc.; His Majesty the King of Spain: His Excellency the Duke de Fernan- Nunez, de Montellano, and Del Areo, Count de Cervellon, Marquis of Almonacir, Grandee of Spain of the 1st Class, Knight of the distin- guished Order of the Golden Fleece, Grand Cross of the Order of Charles III., Knight of Calatrava, Grand Cross of the Legion of Honor, etc.. Senator of the Kingdom, His Ambassador Extraordinary and Pleni- potentiary at Paris; Tlie President of the French Republic: Mr. Paul Challemel-Lacour, Senator, M;ini8ter of Foreign Affairs; Mr. H6rissou, Deputy, Minister of Commerce; Mr. Charles Jagerschmidt, Minister Plenipotentiary of 1st Class, Officer of the National Order of the Legion of Honor ; The President of five Republic of Guatemala : Mr. Crisanto Medina, Officer of the Legion of Honor, etc.. His Envoy Extraordinarj' and Min- ister Plenipotentiary at Paris; Eis Majesty the King of Italy : Mr. Constantin Eessman, Commander of His Orders of St. Maurice and St. Lazarus, and of the Crown of Italy, Commander of the Legion of Honor, etc., Counsellor of the Em- bassy of Italy at Paris ; His Mjaesty the King of the Netherlands : Baron de Zuylen de IJiryevelt, Commander of His Order of the Lion of the Netherlands, Grand Cross of His Grand Ducal Order of the Oaken Crown and of the Golden Lion of Nassau, Grand Officer of the Legion of Honor, etc., His Envoy Ex- traordinary and Minister Plenipotentiary at Paris; Eis Majesty the King of Portugal and the Algarves : Mr. Jos6 da Silva Mendes Leal, Counsellor of State, Peer of the Kingdom, Minister and Honorary Secretary of State, Grand Cross of the Order of St. James, Knight of the Order of the Tower and of the Sword of Portugal, Grand Officer of the Legion of Honor, etc., His Envoy Extraordinary and Minister plenipotentiary at Paris; Mr. Fernand de Azevedo, Officer of the Legion of Hoi;ior, etc., First Secretary of the Legation of Portugal at Paris ; The President of the Republic of Salvador : Mr. Torres Caicedo, Cor- responding Member of the Institute of France, Grand Officer of the Legion of ffonor, etc.. His Envoy Extraordinary and Minister Plenipo- tentiary at Paris ; • Eis Majesty the King of Servia : Mr. Sima M. Marinovitch, Charg6 d' Affaires ad interim of Servia, Knight of the Eoyal Order of Takovo, etc. ; And the Federal Council of the Swiss Confederation: Mr. Charles Ed- ward Lardy, its Envoy Extraordinary aiid Minister Plenipotentiary at Paris; Mr. J. Weibel, Engineer at Geneva, President, of the Swiss Sec- tion of the permanent Commission for the protection of Industrial Prop^ erty. Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon the follow- ing articles : Article I. The Governments of Belgium, of Brazil, of Spain, of France, of Guate- mala, of Italy, of the Netherlands, of Portugal, of Salvador, «■.!<,„&, ths pro. of Servia and of Switzerland, have constituted themselves X°S/cVnl°.S into a state of Union for the protection of Industrial Prop- erty. 4769 tr 74 • 1170 TREATIES AND CONVENTIONS. ARTICLE; II. The subjects or citizens of each of the contracting States shall enjoy, subjecwofaiithe ^n ^11 the Other States of the Union, so faras concerns.pat- fararproteSoa'w ^uts fop inventions, trade, or commercial marks, and the. those oi any State, commcrcial namc, the advantages that the respective laws thereof at present accord, or shall afterwards accord to subjects, or citi- zens. In consequence they shall have the same protection as these latter, and the same legal recourse against all infringements of their rights, uhder reserve of complying with the formalities and conditions imposed upon subjects or citizens by the domestic legislation of each State. Article III. Are assimilated to the subjects or citizens of the contracting States, Subjects of states ^^^ subjccts Or citizcus of States, not forming part of the the'"u^™"Lt"ii' tTnion, who are domiciled or have industrial or commercial ins in'omonVtl'tW establishmcnts upon the territory of one of the States of the to be protected ___ . ^ "^ ' , - Union. Article IV. Any one who shall have regularly deposited an application for a patent of invention, of an industrial model, or design, of a trade or commercial Application in one 'uark, iu onc of the contracting States, shall enjoy for, tlip tS'purpoaeTf"!^- purposc of making the deposit in the otl^er States, aiud un- smelTriBWof'pri- der reserve of the rights of third parties, a right of- ppiprity """' during the periods hereinafter determined. In consequence, the deposit subsequently made in one of the qtlje?. States of the Union, before the expiration of these peripdgcau npii be invalidated by acts performed in the interval, especially by another de- posit, by the publication of the invention or its working by a third pq,rty, by the sale of copies of the design or model, by the employment of the mark. The periods of priority above-mentioned shall be six months for patents periodsofpriority. of invcution and three months for designs or indjustrial niod- els, as well as for trade or commercial marks. They shall; be augmented by one month for countries beyond the seas. Article V. Introduction into a Thc iutroduction by the patentee in,to countries where thjO nfactured'iJfanSr patcut hSiS bceu grautod, of articles manufactured iij any not to entad forfeit- ^^^^^ q£ ^j^g g^atos of thc Uuion, sball not entail forfeiture. Patentee to »ork Thc patcutec, howovcr, shall be subject to the obligai- fo1i°e law? TSJ tion of working his patent conformably; to the laws of pa?ented'°artic"e't ^^e couutry Into whlch he has introduced the paitanted' introduced. , articlcs. Article VI. Trade marks de- Evcry tradc or commorclal mark regularly d&PQsited in po».te '"'p'j^;. ii^Q country of origin shall be admitted to deposit and so origin ._ _, tected in all Sof fteVnion""' protcctod lu all the other countries of the Union. Shall be considered as country of origin, the country where the de- positor has his principal establishment. PROTECTION OF INDUSTRIAL PROPERTY. 1171 If this principal establishment is not situated in one of the coun- tries of the Union, shall be considered as country of ori-, couWy orbriim. gill that to which the depositor belongs. The deposit may be refused, if the object, for which it ' ifcontrarytomor- is asked, is considered contrary to morals and to public order, JefuaX"' """^ *" Article VII. The nature of the production upon which the trade or dutSm^'^SVTa commercial mark is to be affixed can not in any case be an 2^1*0° th?m*k. ^°' obstacle to the deposit of the mark. Article VIII. The commercial name shall be protected in all the countries of the Union without obligation of deposit, M'hether it forms part comme'rci»inarae, or not, of a trade or commercial mark. "> ^^ t'"^^'^^' Article IX. Every production bearing, unlawfully, a trade or commercial mark, or a commercial name, may be seized upon importationinto A.nide,betri„s, those of the States of the Union in which such mark or such ;;,°aVT8'^"ommerc:ii commercial name has a right to legal protection. names may be .ei^od. The seizure shall take place either at the instance of the public prose- cutor or of the interested party, conformably to the domestic legisla- tion of each State. Article X. The provisions of the preceding article shall be applicable to every production bearing falsely as indication of origin, the name Articles bear; ^e of a stated locality when this indication shall be joined to Sn. '°''"'""°°. "' a fictitious commercial name or a name borrowed with fraudulent in- tention. ' Is reputed interested party every manufacturer or trader engaged in the manufacture or sale of this production, when established in the locality falsely indicated as the place of export. ^ . ARTICIiE XI. The High Contracting parties engage between themselves to accord a temporary protection to patentable inventions, to industrial p„,ertio„ give„ to designs or models as well as to trade or commercial marks for t{^SZvMti'^^°^' the productions, which may figure at oflcial or officially rec- ognized International Exhibitions. Article XII. Each one of the High Contracting parties engages to establish a spe- cial service of Industrial Prbperty and a Central Dep6t, for centmi ceptit or giving information to the piiblic,'concernings patents of in- SSx?"'"'"'''- vention, industrial designs or models and trade or commer- cial iriarks^ Article XIII. An International Office shall be organized under the title i„,ef„ati„„ai bu. of "International Bureau of the Union for the Protection of IZa,"^' '"■ '"^*'- Industrial Property." 1172 TREATIES AND CONVENTIONS. This Bureau, the cost of which shall be supported by the Goveraments of all the contracting States, shall be placed under the high authority of the Superior Administration of the Swiss Oonfedoration, and shall work under its supervision. Its powers shall be determined by com- mon accord between the States of the Union. Aetiolb XIV. The present convention shall be submitted to periodical revisions for Periodical revi»- tho purposB of iutroducing improvements calculated to per- ioMtobemade. fgg(. ^jjg system of the Union. With this object, Conferences shall take place successively in one of the contracting States between the 'delegates of said States. The next meeting shall take place in 1885 at Eome. Aeticle XV. It is understood that the High Contracting parties respectively re- serve the right to make, separately, between themselves, mfnM"''bet'"e°fn spcclal arraugcmeuts for the protection of industrial prop- tateamiy e ma e. ^^^^ ^^ ^.^^ ^^ thcse arraugemcuts shall not interfere with the provisions of the present convention. Article XVI. The States that have not taken part in the present convention shall be admitted to adhere to the same upon their application. conSon°may'be This adheslou shall "be notified through the diplomatic sutM. '" """^ channel to the Government of the Swiss Confederation and by the latter to all the others. It shall convey, of full right, accession to all the clauses and admis- sion to all the advantages stipulated by the present convention. Article XVII, The execution of the reciprocal engagements continued in the pres- ent convention is subordinated so far as needful, to the ac- 8BsKy law/wTthout compllshment of the formalities and rules established by ''"'"' the Constitutional laws of such of the High Contracting parties as are bound to ask the application thereof, which they agree to do within the shortest delay possible. Article XVIII. The present convention shall be put into execution within a month Daratioi. of con- ^ftcr exchaugo of ratifications, and shall remain in force rention. durfng Sb pcrlod of time not determined, until the expiration of one year from the day upon which the denunciation shall be m^de. This denunciation shall be addressed to the Government empowered to receive adhesions. It shall only produce its effect as regards the State making it, the convention remaining executory for the other con- tracting parties. Article XIX. The present Convention shall be ratified and the ratifications shall be Ratiscations. cxchauged at Paris, within the period of one year at the latest, PROTECTION OF INDUSTRIAL PEOPEETY. 1173 In witness whereof the respective Plenipotentiaries have signed it and iifQxed to it their seals. Done at Paris the 20th of March, 1883, K,. •• SEAL. SEAL.' SEAL.' SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL.' SEAL.' SEAL. SEAL.' Beyens. ViLLENETJVE. Duo DB Peetstan-Nunez. P. Ohallembl-Lacour. CH. Hl^EISSON. Oh. jAaEESCHMIDT. Ceisanto Medina. Eessman. Baeon de Zuylen Db Nyevelt. JOSjfi DA SiLVA MeNDES LEAL, F. D'AZBTEDO. J. M. Toeees-Oaicedo. SiMA M. MAEINOVITCH. Laedy. J. Wbibel. PINAL PEOTOCOL. On proceeding to the signature of the convention, concluded this day between the Governments of Belgium, Brazil, Spain, France, Guate- mala, Italy, the ^Netherlands, Portugal, Salvador, Servia, and Switzer- land, for the protection of Industrial property, the undersigned pleni- potentiaries have agreed on the following: 1. The words Industrial Property are to be understood in their widest acceptation, in the sense that they apply not only to the i„d„,tri»i property productions of industry property so called, but equally to ''=^°'^- the productions of agriculture (wines, grains, fruits, cattle, &c.) and to mineral productions used in commerce fmiueral waters, &c.). 2. Under the name Patents of Inventions are included the various classes of industrial patents granted by the laws of the con- p„„„te „, i„„iv. tracting states, such as patents of importation, patents of "°"' '''=''°"'- improvement, &c. 3. It is understood that the final provision of Article 2 of the conven- tion shall in no respect infringe upon the laws of each of the p„„edure before contracting states, so far as concerns the procedure before "" °°""'- the courts and the competence of the said courts. 4. Paragraph 1 of Article 6 is to be understood in the sense that no trade or commercial mark shall be excluded from protection, Tmde or commer. in one of the states of the Union, by the mere fact that it ^ir,!iS\rl'°pro': may not satisfy, in respect to the signs composing it, the con- ^SL°"oi"t°,°° u„;™ ditions of the laws of this state, provided that it does sat- i^i,?Jf'it"„C„''t isfy, in this regard, the laws of the country of origin, and '■"<''" that it has been in this latter country, duly deposited. Saving this ex- ception which concerns only the form of the mark, and under reserva- tion of the provisions of the other articles of the convention, the domes- tic legislation of each of the states shall receive its due application. In order to avoid all, misinterpretation, it is understood that the use of public armorial bearings and decorations may be consid- p„Mi„ armori,.i ered contrary to public order in the sense of the final para- ^ZT^^t^"'" graph of Articled 5. The organization of a special service of Industrial Property men- tioned in Article 12 shall include, as far as is possible, the p„Micatio„or publication in each state of an ofiacial periodical. eiai periodicals. o(K- 1174 TREATIES AND CONVENTIONS, 6. The common expenses of the International Bureau, created by Article 13, shall in no case exceed yearly a sum-total repre- Eipenses. scntlng Sb mcan of 2,000 francs for each contracting state. In order to determine the contributory share of each of the states in this sum-total of expenses, the contracting states, and those who may hereafter adhere to the Union,' shall be divided into six classes, each contributing in the proportion of a certain number of units, namely : Is* class 25 units 2d ^' 20 " 3d " 15 « Uh " 10 " 5th " 5 " 6th " 3 ". These co-efficients shall be multiplied by the number of the states of each class, and the sum of the products thus obtained shall I'arnish the number of units by which the total expense is to be divided. The quotient will give the amount of the unit of expense. The contracting states are classified as follows in respect to the di- vision of the expenses : Is* class. — France, Italy. 2d " .—Spain. 3d " . — Belgium, Bra,zil, Portugal, Switzerland. 4:th " . — ^Netherlands. 5th " • .— Servia. - 6i7t " . — Guatemala, Salvador., The Swiss Government shall supervise the expenditure of the Jnter- Ejpsnditarestobe ii^'tioDal Burcau, make the necessary advances, and state Bupl^^sedV thi the annual account, which shall be communicated to all the SwiMfl Government. j > y-t i other Governments. The International Bureau shall collect information of every ,kind Information to be relating to thc protectiou of Industrial Property, and shiiU collected. compile from it general statistics, which shall be trans- mitted to all the Governments. It shall occupy itself with_ exaiijina- piibucationof doc tlous of gCDeral utility which may be of interest to the Union, oinentB. g^jjjj skall pubHsh, with the assistance of the documents put at its disposal by the various Governments, a periodical in the French language on questions which concern the object of the Union,, The numbers of this periodical and all the documents published by DLtribntion of thc International Bureau shall be partitioned among the docnnfenu,. Govcmmeuts of the states of the Union in the proportion of the number of contributory units above mentioned. The copies and supplementary documents which may be requested either by the said Governments, or by corporations or private persons, shall be paid for separately. ^ The International Bureau must always hold itself at the disposal of •special informa- the membcrs of the Union, in order to furnish them, on tion to bo furnished, questlous relating to the international service of Indus- trial Property, with such special information as they may need. The Government of the country where the next Conference is to be proceedins, of hcld shall prcparc, with the assistance of the International conference,. Burcau, thc work of the said Conference. The director of the International Bureau shall be present at the ses- Dntiee of the Di- slons of the Confercnccs, and shall take part in the dis- SLKeai?'"" cussions without voting. « PROTECTION OF INDUSTRIAL PROPERTY. 1175 He shall make an annual report on its management, which shall be communicated to all the members of the Union. The official language of the International Bureau shall la.fS'J ""^ °°'"°' be the French language. 7 The present final protocol, which shall be ratified at the same time as the Convention concluded this day, shall be 'considered p„tocoi to form as forming an integral part of that Convention, and shall p"""'™"'""'!"" have the same force, value, and duration. In faith whereof the undersigned plenipotentiaries have drawn up the present protocol. Signed: BEYENS. " VlLLENETJVE. " Due DE Pernan -Nunez. « p. Challeimel-Lacoue. " Ch. H:f!BissdN. " Oh. Jagerschmidt. " Ceisanto Medina. « Eessman. " Baron de Zuylen de Nyevelt. " JOS:iil DA SiLVA Mendes Leal. " p. d'AZEVEDO. " J. M. ToERBS-CAICEliO. " SiMA M. Marinovitch. " Lardy. " J. Weibel. PROTECTION OF SUBMARINE CABLES. 1884, CONVENTION » FOR THE PKOTECTION OP SUBMARINE CABLES BETWEEN THE UNITED STATES AND ARGENTINE CONFEDERATION, AUSTRIA-HUN- GARY, BELGIUM, BRAZIL, UNITED STATES OF COLOMBIA, COSTA RICA, DENMARK, DOMINICAN REPUBLIC, FRANCE, GERMANY, GREAT BRITAIN, GREECE, GUATEMALA, ITALY, NETHERLANDS, PERSIA, PORTUGAL, ROUMANIA, RUSSIA, SALVADOR, SERVIA, SPAIN, SWEDEN AND NORWAY TURKEY, AND URUGUAY, WITH AN ADDITIONAL ARTICLE CONCERNING* THE MEANS PROVIDED FOR ADMITTING TO THE PRIVILEGES OF THE CONVENTION THE COLONIES OP GREAT BRITAIN, NAMELY: CANADA, NEWFOUNDLAND, THE CAPE OP GOOD HOPE, NATAL, NEW SOUTH WALES, VICTORIA, QUEENSLAND, TASMANIA, SOUTH AUSTRALIA, WEST AUSTRALIA, AND NEW ZEALAND. Conclvded March 14, J 884; ratifications by seventeen of the signaiory powers exchanged at Paris April 16, 1885; proclaimed May 22, 1885. His Excellency the President of the United States of America, His Majesty the Emperor of Germany, King of Prussia, His Excellency the President of the Argentine Confederation, His Majestythe Emperor of Austria, King of Bohemia, etc., Apostolical King of-Hungary, His Maj- esty the King of the Belgians, His Majesty the Emperor of Brazil, His Excellency the President of the Eepublic of Costa Eica, His Majesty the King of Denmark, His Excellency the President of the Dominican Eepublic, His Majesty the King of Spain, His Ex;cellency the President of the United States of Colombia, His Excellency the President of the French Eepublic, Her Majesty the Queen of the United Kingdom of * Translation. The convention as signed was in the French labguage only. The ratifications were exchanged at Paris April 16, 1885, by all the signatory powers except the Argentine Confederation, United States of Colombia, Costa Rica, Den- mark, Greece, Italy, the Netherlands, Persia, and Ronmania, and it was stipulated in the protocol of exchange that those Governments should have the privilege of de- positing their ratifications with the French Government up to the 1st of January, 1886. Of this privilege all the Governments that had not exchanged ratifications availed themselves, except the United States of Colombia and Persia. _ In order to afford the contracting parties opportunity for the adoption of requisite legislation, the 1st of January, 1887, was finally agreed upon as the date when the convention was to become operative. A conference of representatives of the ratifying powers met at Paris on May 12, 1886, to consider the situation, and haviug adopted a protocol submitting to the sig- natory powers for their approval a projet of a declaration explanatory of articles 2 and 4 of the convention, adjourned on the 21st of the same month to meet December 1, 1886, so that the powers that had not adopted legislation to carry the convention into efiect might have an opportunity to do so before the next meeting of the Confer- ence, at which it remained necessary to determine the effect of such legislation as might have been adopted and the status of such powers as should have failed to adopt appropriate legislation. Japan acceded to the convention May 12, 1884. 1176 ' PKOTECTION OP SUBMARINE CABLES. 1177 Great Britain and Ireland, Empress of India, His Excellency the Pres- ident of the Eepublic of Guatemala, His Majesty the King of the Hel- lenes, His Majesty the King of Italy, His Majesty the Emperor of the Ottomans, His Majesty the King of the Netherlands, Grand Duke of Luxemburg, Hi^ Majesty the Shah of Persia, His Majesty the King of Portugal and the Algarves, His Majesty the King of Eoumauia, His Majesty the Emperor of all the Kussias, His Excellency the President of the Eepublic of Salvador, His Majesty the King of Servia, His Maj- esty the King of Sweden and Korway, and His Excellency the Ptesi- dent of the Oriental Eepublic of Uruguay, desiring to secure the main- tenance of telegraphic communication by means of submarine cables, have resolved to conclude a convention to that end, and have appointed as. their Plenipotentiaries, to wit : His Excellency the President of the United States of America, Mr. L. P. Morton, Envoy Extraordinary and Minister Plenipo- tentiary of the United States of America at Paris, etc., 6tc., Negouatota. etc., and Mr. Vignaud, Secretary of the Legation of the United States of America at Paris, etc., etc., etc. ; His Majesty the Emperor of Germany, King of Prussia, His Highness Prince Charles Yiclior von Hohenlohe-Schillingsfiirst, Prince of Eatibor andCorvey, Grand Chamberlain of the Crown of Bavaria, His Ambassa- dor Extraordinary and Plenipotentiary near the Government of the French Eepublic, etc., etc., etc. ; His Excellency the President of the Argentine Confederation, M. Balcarce, Envoy Extraordinary and Minister Plenipotentiary of the Confederation at Paris, etc., etc., etc. ; His Majesty the Emperor of Austria, King of Bohemia, etc.. Apos- tolical King of Hungary, His Excellency Count Ladislas Hoyos, Actual Privy Counselor, His Ambassador Extraordinary and Plenipotentiary near the Government of the French Eepublic, etc., etc., etc. ; His Majesty the King of the Belgians, Baron Beyens, His Envoy Extraordinary and Minister Plenipotentiary at Paris, etc., etc., etc. ; and Mr. Leopold Orban, Envoy Extraordinary and Minister Plenipoten- tiary, Director General of Political Affairs at the Department of Foreign Affairs of Belgium, etc., etc., etc. ; His Majesty the Emperor of Brazil, Mr. d'Araujo, Baron d'ltajubd, Charg6 d' Affaires of Brazil at Paris, etc., etc., etc. ; His Excellency the President of the Eepublic of Costa-Eica, Mr. Leon Somz^e, Secretary of the Legation of Costa-Eica, at Paris, etc., etc., etc. ; ' His Majesty the King of Denmark, Count de Moltke-Hvitfeldt, His Envoy Extraordinary and Minister Plenipotentiary at Paris, etc., etc., etc.; His Excellency the President of the Dominican Eepublic, Baron de Almeda, Envoy Extraordmary and Minister Plenipotentiary of the Dominican Eepublic at Paris, etc., etc., etc. ; His Majesty the King of Spain, His Excellency Manuel Silvela de le Vielleuse, permanent Senator, member of the Spanish Academy, His Ambassador Extraordinary and» Plenipotentiary near the Government of the French Eepublic, etc., etc., etc. ; His Excellency the President of the United States of Colombia, Doc- tor Jos6 G. Triana, Consul-General of the United States of Colombia at Paris, etc., etc., etc. ; His Excellency the President of the French Eepublic, Mr. Jules Ferry, Beputy, President of the Council, Minister of Foreign Affairs, etc., etc., \ 1178 TREATIES AND CONVENTIONS. etc.; and Mr. Adolphe Cochery, Peputy, Minister of Posts and Tele- graphs, etc., etc., etc.; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, His Excellency the Eight Honorable Eich- ardBikerton Pemell, Viscount Lyons, Peer of the United Kingdom of Great Britain and Ireland, meinber of HerBritish Majesty's Privy Coun- cil, Her Amibassador Extraordinary and Plenipotentiary near the Gov- ernflieht of the French Eepublic, etc., etc., etc. ; His Excellency the President of the Eepublic of Guatemala, Mr.-Cri- santo Medina, Envoy Extriaordinary and Minister JPlenipOtentiary of the E^ublic of Guatemala at Paris, etc., etc., etc. ; His Majesty the King of the Hellenes, Prince MaurocoMatos, His Envoy Extraordinary and Minister Plenijjotentiary at Pa;ris, etc., etc., etc.; His Majfesty the King of Italy, His Excellency General ConntiKIeila- brea, Marquis de Valdora, His Ambassador Extraordinary and Pleni- potentiary hear the Government of the Frehbh Eepublic, etc., etc., etc. ; His Majesty the Emperor of the Ottomans, His Excellency Essd-d Pa- sha, His Ambassador Extraordinary and Plenipotentiary near the Gov- ernment of the French Eepublic, etc., etc., etc. ; ' His Majesty the King of the N"ethefrahds, Grand Duke of LuxeihBilfg, Baxbn de Zuylen de Nyevelt, His Envoy Extraordinary and Minister Plenipotentiary at Paris, etc., etc., etc. ; His Majesty the' Shah of Pei-sia, General Nazai-e-Aga,- His EnvbyBx- traordinary and Minister Plenipotentiary at Paris, etc.; etG.,.ete- ; His Majesty the King of Portugal and the Algarves,'Mr. d'Azevfedo, Charg6 d' Affaires of Portugal at Paris, etc., etc., etc. ; His Majesty the King of Eoumania,Mr. Alexander Odbbesco, Oharg6 d' Affaires ad interim of Eoumania at Paris, etc., etc., etc.; His Majesty the Emperor of all the Eussias, His Excellehoy'the Aid- de-Oamp General Prince Mcholas Orloff, His Ambassador Extraordi- nary and Plenipotentiary near the Government of the French Eepublic, etc., etc., etc. ; His Majesty the King of Servia, Mr. Marihbvitch, His Envby Extra- ordinary and Minister Plenipotentiary at Paris, etc., etc., etc. ; His Majesty the King of Sweden and IJIorway, Mr. Sibbern, His En- voy Extraordinary and Minister Plenipotentiary at Paris, etc., etc., etc. ; His Excellency the President of the Oriental Eepubhc of Uruguay, Colonel Diaz, Envoy Extraordinary and Minister Plenipotentiary of the Eepublic of Uruguay at Paris, etc., etc., etc. ; Who, after having exchanged their full powers, which were found to be in good and due form, have agreed upon the following articles : Akticle I. The present Convention shall be applicable, outside of the tierritorial SC0P6 of mnren- watcrs, to all Ifigally established submarine cables landed "°°- in the territories, cbloniqp or possessions of one or more of the High Contracting Parties. Abticle II. The breaking or injury of a submarine cable, done willfully or through puniBbment for culpablc flegHgence, and resulting in the total or p"artial in- breS or"huuri°B tcrruptlou br embarrassment of telegraphic communication, shall be a punishable offense, but the punishment inflicted » shall be no bar to a civil action for damages. PROTECTION OF SUBMARINE CABLES. 1179 This provision shall not apply to ruptures or injuries when the par- ties guilty thereof have become so simply with the legitimate object of saving their lives or their vessels, after having taken all necessary pre- cautions to avoid such ruptures of injuries. Article III. . The Sigh Cbntracting, Parties agree to insist, as fkv as j)Ossible, when , they. ^hall authorize the landing of a submarine cable, updn E„,„i„m6its ro, suitiible conditions of safety, both as regards the track of ■""■'"""^i the cable and its dimensions. Article 1Y. Tlie owner of a cable who, by the layiiig or repairing of that cable, shall cause fhe breaking or injury of another cable, shall be Meranmmlontor required to pay the cost of the repairs which such breaking '™''"==- or injury shall have rendered necessary, but such payment shall not bar the enforcement, if there be ground therefor, of article II. of this Convention. Article V. Vessels engaged in laying or repairing submarine cables mustobserve the rules concerning signals that have been or shall be adopted, by common consent, by the High Contracting Par- yess"is° enS"'?' ties, with a view to preventing collisions at sea. laymscabie. When a vessel engaged in repairing a cable carries the said signals, other vessels that see or are able to see those signals shall withdraw or keep at a distance of at least one nautical mile from such vessel, in order not to interfere with its. operations. Fishing gear and nets shall be kept at the same distance. Nevertheless, a period of twenty-four hours at most shall be allowed to fishing vessels that perceive or are able to perceive a telegrapih ship carrying the said signals, in order that they may be enabled to obey the notice thus given, and no obstacle shall be placed in the way of their operations during such period. The operations of telegraph ships shall be finished as speedily as possible. Article VI. Vessels that see or are able to see buoys designed to show the po.si- tion of cables when the latter are being laid, are out of order, ^^^^^^^ ^^ ^^^^ ^^ or are broken, shall keep at a distance of one quarter of a a d"tance iVom nautical mile at -least from such buoys. Fishing nets and gear shall be kept at the same distance. Article VII. Owners of ships or vessels who can prove that they have sacrificed an anchor, a net, or any other implement used in fishing, in , ^ , order to avoid im urine' a submarine cable, shall be inaem- loaim anchors, neta, •."ii iTjT «.. ^^ Of other fiuhingim- ninea by the owner ol the cable. SoTS "" ""^ '"' In order to be entitled to such indemnity, one must pre- """"^ " pare, whenever possible, immediately after the accident, in proof thereof, a statement supported by the testimony of the men belonging to the crew; and the captain of the vessel must, within twenty-four hours after arriving at the first port of temporary entry, make his declaration to the competent authorities. The latter shall give notice thereof to the con- sular authorities of the nation to which the owner of the cable belongs. 1180 TREATIES AND CONVENTIOXS. ABTICLE VIII. The courts competent to take cognizance of infractions of this con- mat court, to vention shall be those of the country to which the vessel on havejuriadiotioL. fooRrd of wWch tho infraction has been committed belongs. It is, moreover, understood that, in cases in which the provision con- tained in the foregoing paragraph cannot be carried out, the repression of violations of this convention shall take place, in each of the contract- ing States, in the case of its subjects or citizens, in accordance with the general rules of penal competence established by the special laws of those States, or by international treaties. Aeticle IX. Prosecutions on account of the infractions contemplated in articles su.ta to be insu- H-j ^- ^^^ ^^- ^f this convcution, shall be instituted by the tut=d by State. gj^te or lu its name. AUTICLE X. Evidence of violations of this convention may be obtained by all Evidence, bow Ob- mcthods of sccunng proof that are allowed by the laws of tained. ' ^jjg couutry of the court before which a case has been brought. When the officers commanding the vessels of war or the vessels spe- cially commissioned for that purpose, of one of the High Contracting Parties, shall have reason to believe that an infraction of the measures provided for by this Convention has been committed by a vessel other than a vessel of war, they may require the captain or master to exhibit the official documents furnishing evidence of the nationality of the said vessel. Summary mention of such exhibition shall at once be made on the documents exhibited. Eeports may, moreover, be prepared by the said officers, whatever may be the nationality of the inculpated vessel. These reports shall be drawn up in the form and in the language in use in the country to which the officer drawing them up belongs; they may be used as evidence in the country in which they shall be invoked, and according to the laws of such country. The accused parties and the witnesses shall have the right to add or to cause to be added thereto, in their own language; any explanations that they may deem proper; these declarations shall be duly signed. Akticlb XI. Proceedings and trial in cases of infractions of the provisions of this Convention shall always take place as summarily as the laws Trial to be epeedy. , i .• • j? .ii -j. and regulations in force will permit. Article XII. The High Contracting Parties engage to take or to propose to their Laws for puni,h. rcspcctive legislative bodies the measures necessary in order JJonvt'tio'^to^bS to secure the execution of this Convention, and especia.lly pa..ej. jQ order to cause the punishment, either by fine or imprison- ment, or both, of such persons as may violate the provisions of articles II., V. and VI. Article XIII. The High Contracting Parties shall communicate to each other such Laws be ^^^^ ^^ ^^^ already have been or as may hereafter be en- raan'cate^ to co"- actcd lu thcir respcctivc countries, relative to the subject of tracting States. j_i • /~i x • this Convention. PROTECTION OF SUBMARINE CABLES. 1181 Aeticle XIV. - States that have not taken part in this Convention shall be allowed to adhere thereto, on their requesting to do so. Notice of otw state. »,», such adhesion shall be given, diplomatically, to the Govern- """■='=• jnent of the French E&public, and by the latter to the other signatory Governments. Article XV. ' It is understood that the stipulations of this Convention Liberty of .cti™ shall in no wise affect the liberty of action of belligerents. <>' """Kerent.. Article XVI. This Convention shall take effect on such day as shall be agreed upon by the High Contracting Parties. It shall remain in force for five years from that day, and, in case none of the High Contracting Parties shall have given notice, Duration of con- twelve months previously to the expiration of the said period '"=°",°°- of five years, of its intention to cause its effects to cease, it shall con- tinue in force for one year, and so on from year to year. In case one of the Signatory Powers shall give notice of its desire for the cessation of the effects of the Convention, such notice shall be effect- ive as regards that Power only. Article XVII. This Convention shall be ratified; its ratifications shall be exchanged at Paris as speedilv as possible, and within one year at the 1 , , A fc A 7 *j RatiBcatioiw. latest. In testimony whereof, the respective Plenipotentiaries have signed it, and have thereunto af&xed their seals. Done in twenty-six copies, at Paris, this 14th day of March, 1884. SEAL SEAL. SEAL. SEAL. SEAL. SEAL.' SEAL.' SEAL. SEAL.' SEAL.' 'seal, 'seal. SEAL. SEAL. 'seal, 'seal; 'seal.' seal.' SEAL.' SEAL.' SEAL. SEAL.' SEAL.' SEAL.' SEAL." SEAL." L. P. Mortow. HOHENLOHE. M. Balcarcb. LADISLAS count HoYOS. Betens. BN. d'ItaoxtbI. LiSoN Somz:6e, Molteii-Htitpeldt. Bblantjel be Almeda, Manuel Siltela. Jog:6/G. Triana. Jules Ferry. Lyons. Crisanto Medina. Maueocordatos. Menabrea. BSSAD. BN. DE ZUYLEN DE NyEVELT. Nazare-Aga. F. d'Azetedo. Odobesco. Prince Orlofp. J, M. Torees-Caicedo. J. Maeinovitoh. G. SrBBBRN. Juan J. Piaz. [SEAL.] Henry Vignaud. [SEAL.] Leopold Orban. [SEAL.J Ad. Cochery. 1182 TREATIES AND CONVENTIONS. ' ' ADDITIONAL AETICLB. The stipulations of the Convention concluded this day for the pro- convention to he fectioh of Submarine cables shall be applicable, according SrSl'JSdl'/'ce?- to Artide I., to the colonies and possessions of Her Britan- taincoEii^ioM. jjjg Majesty with the exception of those named below, to wit: Canada, N'ewfoundland. The Cape. Natal. Ijfew South Wales. Victoria. Queensland. Tasmania. South Australia. West Australia. Kew Zealand. Nevertheless, the stipulations of the said Convention shall be appli- cable to one of the above-named colonies or possessions, if, in their fits'?] name, a notification to that effect has been addressed by the represent- ative of Her Britannic Majesty at Paris to the Minister of Foreign Af- fairs of France. Each of the above-named Colonies or possessions that shall have ad- hered to the said Convention, shall have the privilege of withdrawing in the same manner as the contracting powers. In case one of the col- onies or possessions in question shall desire to withdraw from the Con- vention, a notification to that effect shall be addressed by Her Britianhic Majesty's representative at Paris to the Minister of Foreign Affairs of France. Done in twenty-six copies at Paris, this fourteenth day of March, 1884. L. P. m;okton. Henky Victaud. HOHENLOHE. M. Balcaece. ' • LADISLAS cotin HOYOS. BEYENS. Li^OPOLD Okban. BN. d'ItajubI. L:i&ON Somz:6e. moltke-hvitpeldt. , Emanuel de Almeda. Manuel Silvela. Josiia G. Triana. Jules Feeey. Ad. Coohbey. liYONS. Ceisanto Medina. Maueocoedatos. Menabeea. ESSAD. BN. DE ZUYLEN DE NyEVELT. NAZAEB-A'aA. F. d'Azevudo. Odobesoo. Peince Oelofp. J. M. Toeees-Caicedo. J. Maeinovitoh. Gr. SiBBEEN. Juan J. Piaz. PKOTECTIQN OF SUBMARINE CABLES. 1183 1886. PKOTOCOL* PROVIDING FOR THE SUBMISSION TOi THE SIGNATORY POW- ERS FOR THEIR APPROVAL, A DRAFT+ OF A DECLARATIOJST INTERPRET- ING ARTICLES II AND IV OF THE CONVENTION OP MARCH 14, 1884, POR THE PROTECTION OP SUBMARINE CABLES. Signed at Paris, May 21, 1886. Tiaftundersigned, representatives of the ArgentiaeEepublic, Austria- Hung^py, Belgium, Brazil, Costa Eica, Deamark, the DDminican Ee- public, Spain, the United State,s. o,f America, France, Great Britain, Greece, Guatemala^ Italy, Japan, the K"etlierlands, Portugal, J^oumaniai, Eussiaj Salvador, Servia, Sweden and Norway, Tu,rkey, and Cragiiay assembled at Ifaris^ oh the 12th of May, 1886, for the purpose of examin- ing^ the situation of the different signatory States of the convention of the lith of March, 1884, for the protection of submarine cables, in re- spect to the execution of article 12 of the said convention. As the result of the exapaination to" which they have applied them- selyes in concert, they have arranged a draft of a Declaration whicli is anijexed to the present protocol and which they bind themselves to recommend for adoption to their respective governments. t)one at Paris, May 21, 1886. Argentine Confederation: Greece: Josi; C. Paz. K. S. Delyaisini. Austria-Hungary : Gualemala: GOLTJCHOWSKI. C. GOGUEL. Belgium: Italy: Leopold Okban. F. Salvatoei. Brazil: G. POLACbO. Aeinos. Japaij : Costa Eica: F. Maeshall. FbrnIndez, The Netherlands : Denmark: A. DE Stuees. MOLTKE-HVIT-FELDT. Portugal : Dominican Eepublic: JOAO D'ANDEADB EMAN.UEL DE AlMEDA. COEVO. Spain : JoAo Antonio de J. Luis Albaeeda. B;^iss^c DAS Neves Vicente Coromina. Feeeeiea. ZOLLO S-™ OCANO. Eoumania: United States: . V. Alecsandei. EOBEET M. McLane. Eussia: France: E. Alexeieff. F. Geanet. Salvador: Claveey. E. Pectoe. Feiboueg. Servia: . L. Ebnault. J. Maeinovitch. H. Chass:6eiau. Sweden and Norway: J. Eaynaud. 0. Lewenhaupt. Great Britain : Turkey: C. M. Kennedy. I)J|MAL. C. Cecil Teevoe. Uruguay: ' J, C. Lamb. Juan J. Diaz. • 'Translation. The protocol as signed was in the French language only. _t This draft was adopted by the signatory powers and signed Ijy the plenipoten- tiaries December 1, 1886, and on the part of Germany March 33, 1887, 1184 TREATIES AND CONVENTIONS. 1886. DECLARATION* RESPECTING THE INTERPRETATION OF ARTICLES II AND IV OF THE CONVENTION OF MARCH 14, 1884, FOR THE PROTEC- TION OF SUBMARINE CABLES. Signed at Paris December 1, 1886; proclaimed May 1, 18S8. The undersigned, Plenipotentiaries of the signatory Governments of the Convention of March 14, 1884, for the Protection of -Submarine Cables, having recognized the expediency of defining the sense of the terms of Articles II and IV, of the said Convention, have prepared by common accord the following declaration: Certain doubts having arisen as to the^ meaning of the word " wil- • fully" inserted in Article II of the Convention of the 14th of March, 1884, it is understood that the imposition of penal responsibility men- tioned in the said article, does not apply to cases of breaking or of in- juries occasioned accidentally or necessarily in repairing a cable, when all precautions have been taken to avoid such breakings or damages. It is likewise understood that Article IV of the Convention has no other object and is to have no other effect than to charge the compe- tent tribunals of each country with the determination, conformably to their laws and according to circumstances, of the question of the civil responsibility of the owner of a cable, who, by the laying or repairing of such cable, causes the breaking or injury of another cable, and also of the consequences of that responsibility, if it is found to exist. Done at Paris, December 1, 1886, and March 23, 1887, for Germany. Egbert M. McLane. N. S. Delyanni. MuNSTER. L. L. Mbnaeeba; Josifi ,C. Pais. Haea. goluchowski. essab. Betens. a. de Stuees. Aeinos. Comte de Valbom. E. PernIndes. v. Alecsandei. Moltke-Hvitfbldt. Kotzebub. Emanuel de Almeda. E. Pectoe. J, L. Albaebda. J. Maeinovitch. C. D. Fretcinbt. C. Lewbnhatjpt. Lyons. Juan J. Diaz. Ceisanto Medina. 1887. PINAL PROTOCOL+ OF AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND OTHER POWERS FIXING MAY 1ST, 1883, AS THE DATE OF EFFECT OF THE CONVENTION CONCLUDED AT PARIS MARCH 14, 1884, FOR THE PROTECTION OF SUBMARINE CABLES. Signed at Paris July 7, 1887; proclaimed May 1, 1888. The undersigned. Plenipotentiaries of the Governments, parties to the Convention of March 14, 1884, for the protection of submarine cables, having met at Pai»is for the purpose of fixing, in pursuance of article 16 * Translation. The declaration as signed was in the French language only.' t Trwslatioa. The protocol as signed was in the French language only, PEOTECTION OF SUBMAKIKE CABLES. 1185 of tbat iaternational instrumeat, a date for putting the said Convention iato execution, have agreed upon the following: I. The International Convention of March 14, 1884, for the protection of submarine cables, shall go into operation on the 1st day of May, 1888, provided, howeverj that at that date those of the contracting Govern- ments that have not yet adopted the measures provided for by article 12 of the said international instrument, shall have conformed to that stipu- lation. II. The measures which shall have been taken by the said States in execution of article 12 aforesaid, sha;ll be made known to the other con- tracting Powers through the French Government, which is charged with the examination of the said measures. III. The Government of the French Bepublio is likewise charged with the examination of the similar legislative and reglementary pro- visions which are to be adopted, in their respective countries, in pursu- ance of article 12, by such States as have not taken part in the Con- vention, and as may desire to avail thejmselves of the privilege of ac- cession, for which provision is made in article 14. In testimony whereof, the undersigned Plenipotentiaries have adopted this final protocol, which shall be considered as forming an integral part of the International Convention of March 14, 1884. Done at Paris, July the 7, 1887. liOBEET M. MoLANE. ]Sr. S. DELYANNI. Leyden. L. L. Menabeea. Jos]& C. Paz. Haka. . , JEOYOS. H. MiSSAK. Beybns. a. de Stuees. AEINOS. ' COMTE DE VALBOM. Manuel M. de Peealta. -V. Alecsandei. Moltke-Htitpeldt. N. de Giees. Emanuel de Almeda. J. F. Medina. Floueens. J. Maeinovitch. J. Luis Albakbda. 0. Lewenhaupt. Lyons. Juan J. Diaz. Oeisanto Medina. 3769 TE 75 SUPPLEMENT. DENMARK. 1886. AGEEEMENT FOR MUTUAL EXEMPTION OF VESSELS FROM EEADMEAS- UEEMENT. Signed at Washington, Februdnf 26, 1886. The Government of the United States of America and the Govern- ment of His Majesty the King of Denmark having found it expedient to enter into an agreement for the mutual exemption from readmeasure- ment of United States and Danish vessels in the ports of their respect- ive countries, have authorized the undersigned to sign the following declaration. I. Danish steam and sailing vessels shall be exempted from read- measurement in all ports of the United States, and the net register tonnage denoted in their certificate of registry and nationality shall be deemed to be equal to the net or register tonnage of vessels of the United States, provided only, that, if in any case it shall be found that a vessel has added to her carrying capacity since the issue of her reg- ister or certificate of admeasurement, the spaces or houses so added shall be admeasured and the usual fee exacted. II. Steam and sailing vessels of the United States shall be exempted from readmeasurement in all Danish ports, and the net or register ton- nage stated in their certificates of registry shall be deemed to be equal to the net register tonnage of Danish shi^s ; provided only, that in cases in which the certificates of vessels of the United States express the gross tonnage only, deductions of the spaces or compartments ap- propriated to the use of the crew of the vessel in steam and sailing vessels, and of the spaces occupied by or necessary for the propelling power in steam vessels, shall be made according to the Danish rules for admeasurement, without any expense to the vessel. * The present agreement shall take effect on the 1st of April, 1886. Done in duplicate at Washington, D. G. this twenty-sixth day of Pebruary, 1886, [seal.] T. F. Bayaed. [seal.] p. Lovenokn. 1186 HAWAIIAN ISLANDS. 1884, CONVENTION EXTENDING THE DURATION OP THE CONVENTION EE- SPECTING COMMERCIAL RECIPROCITY OF JANUARY 30, 1875, AND GRANTING TO THE UNITED STATES THE EXCLUSIVE RIGHT TO ESTAB- LISH A COALING STATION ON PEARL RIVER. Concluded December 6, 1884:; ratifications exchanged, at Washington,, Eo- vernier 9, 1887; proclaimed November 9, 1887. Whereas a convention was concluded between the United States of America, and His Majesty the King of the Hawaiian Islands, on the thirtieth, day of January, 1875, concerning commercial reciprocity, which by tfee fifth article thereof, was to continue in force for seven years from the date after it was to come into operation, and further, until the expiration of twelve months after either of the High Con- tracting Parties should give notice to the other of its wish to terminate the samej and Whereas, the High Contracting Parties consider that the increase and consolidation of their mutual commercial interests would be better promoted by the definite limitation of the duration of the said cpnven- tion; Therefore, the President of the TJuited States of America, and His Majesty the King of the Hawaiian Islands, have appointed : The President of the United States of America, Frederick Nssotiators. T. Frelinghuysen, Secretary of State; and His Majesty the King of the Hawaiian Islands, Henry A. P. Carter, accredited to "the Government of the United States, as His Majesty's Envoy Extraordinary and Minister Plenipotentiary ;' Who, having exchanged their respective powers, which were found ' sufdcieut and in due form, have agreed upon the following articles : ARTICLE I. The High Contracting Parties agree, that the time fixed c„„ii„„ „, ^^ for the duration of the said convention, shall be definitely ex- "ZT'^wTim, "'"x: tendedforatermofsevenyearsfromthedateof theexchange '="''=''• of ratifications hereof, and further, until the expiration of twelve months 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 seven years or at any time thereafter. 1187 1188 TEEATIES AND CONVENTIONS. Akticle II.* RiBht to e,tabiish HIs Majesty the King of the Hawaiian Islands grants to » coaling staiion. ^{jg G-ovBrnmeut of the United States the exclusive right to enter the harbor of Pearl Eiver in the Island of Oahu, and to establish and. maintain there a coaling and repair station for the use of vessels of the United States, and to that end the. United States may improve the entrance to said harbor and do all other things needful to the pur- pose aforesaid. Article III. Ratiacations. rj^jg prcscnt couveution shall be ratified and the ratifica- tions exchanged at Washington, as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the present convention in duplicate, and have hereunto affixed their re- spective seals. \ Done at the city of Washington the 6th day of December, in the year of our Lord 1884. SEAL. SEAL. Pked'k T. Prelinghutsen. Henry A. P. Carter. * This article is an amenclmeut of the Senate which was accepted by the Hawaiian Government. MEXICO. 1885* CONVENTION PROVIDING FOE AN EXTENSION OF THE TIME FIXED IN AETXCLE VIII OF THE CONVENTION OF JULY 29, 1882 FOR RESURVEY- ING AND RELOCATING THE EXISTING FRONTIER LINE BETWEEN THE TWO COUNTRIES WEST OP THE RIO GRANDE Concluded December 5, 1885; ratifications exchanged at Washington June 27, 1887 ; proclaimed June 28, 1887. The United States of America and the United States of Mexico being desirous to comply with the provisions of the Convention, signed at Washington on the twenty-ninth of July one thousand eight hun- dred and eighty-two to survey and relocate the existing boundary line, between the two countries west of the Eio Grande which so far as they relate to Article VIII of said (convention, have not been car- ried out through delays in the appointment of the Commission to un- dertake the work have deemed it expedient to agree upon an extension of the time provided for in said article, and to this end they have ap- pointed their respective Plenipotentiaries, to wit: The President of the United States of America, Thomas F. Bayard, Secretary of State to the United States of America, and The President of the United States of Mexico, Matias ^^ ^^.^^^^^ Eomero, Envoy Extraordinary and Minister Plenipotentiary of the United States of Mexico in Washington, Who, after Laving communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following article. Additional Article. The time fixed in Article VIII of the Convention concluded at Wash- ington July 29, 1882, between the the United States of America and the United States of Mexico, to establish an international Tim« ■„ ^vhSci. to boundary commission for the purpose of re-surveying and 1°,^!"^^^°^ re-locating the existing boundary line betwiien the two coun- ^^'"""' '- '™- tries, west of the Kio Grande, as provided for in said Convention, is hereby extended for eighteen months froai the expiration of the term fixed in Article VIII of thQ said Treaty of July 29, 1882. This additional Article shall be ratified by the contracting parties in conformity with their respective constitutions and its ratifi- cation shall be exchanged in Washington as soon aspossible. In faith whereof, we, the undersigned, in virtue of, our respective full "Seo notes: "Abrogated, suspended, or obsolete treaties." 1190 TREATIES AND CONVENTlOKS. powers, have signed the present additional article in duplicate and have thereunto afQxed our respective seals. Done at the city of Wstshington, the 5th day of December, in the year of the Lord one thousand eight hundred and eighty-five. SEAL. SEAi. T. F, Bayaed. M. EOMEEO, 1886.* SUPPLEMENTARY ARTICLE TO THE CONVENTION PROVIDING FOR COM MERCIAL RECIPROCITY OF JANUARY 20, 1883, EXTENDING THE TIME ORIGINALLY FIXED FOR THE APPROVAL OF THE LAWS NECESSARY TO CARRY IT INTO OPERATION TO MAY 20, 1887. Concluded May 14, 1886 ; ratifications excUanged at Washington January 29, 1887 ; proclaimed February 1, 1887. The United States of America and the United States of Mexico, deem- ing it expedient to further extend the time for the approval of the laws necessary to carry into operation the Commercial Convention concluded between the two Governments, signed, at Washington, January 20, 1883, which time as fixed in Article VIII, of said convention was by the ad- ditional article signed February 25, 1885, extended until the 20th of May of the present year, have appointed as their PJeuipotentiaries, to wit: The President of the United States of America, Thomas Francis Bayard, Secretary of State of the United States of America, N=eot,«or.. ^^^ ^^g President of the United States of Mexico, Matias Romero, Envoy Extraordinary and Minister Plenipotentiary of the United States of Mexico at Washington ; who, after having exhibited to each other their respective full powers, found in good and due form, have agreed upon and concluded the following article : SUPPLEMENTARY ARTICLE. The time originally fixed in Article VIII of the Commercial Conven- tion between the United States of America and the United States of Mexico, signed at Washington January 20, 1883, for the i.rai°'i° of 'tiS'iaws approval of the laws necessary to carry it into operation, !ho°°oo»veMion"'°of aud whlch time was, by the additional article between the eSIdtokJ ™; United States of America and the United States of Mexico ""'■ signed February 25, 1885, extended to May 20, 188d, is hereby further extended to the 20th of May, 1887. This Supplementary Article shall be ratified by the contracting par- ties in conformity with their respective Constitutions, and Rat,r.cat,on,. .^^ ratificatious shall be exchanged in Washington as soon as possible, it being understood that such. exchange of ratifications at any date prior to the 20th of May, 1887, shall be efi'ective for all the intents and purposes of the present article. In faith whereof, we, tbe undersigned Plenipotentiaries have signed the present supplementary article, in duplicate, in the English and Spanish languages, and have hereunto affixed our respective seals. Done at the Citv of Washington the 14th day of May, in the year of our Lord one thousand eight hundred and eighty-six. SEAL. seAl. T. F. Bayaed. M. Eomeeo. * See notes:, "Abrogated, suspendetl. or obsolete treaties." . PERU. 1887. TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION Goneluded August 31, 1887 ; ratifications exchanged at Lima, October 1, 1888; proclaimed November 7, 1888. The United States of America and the Kepublic of Peru, being mu- taally animated with the desire, to render permanent the friendly rela-' tions which happily have always subsisted between them, and to place their international intercourse upon the most liberal basis, have re- solved to fix clear rules for their future guidance, through the forma- tion of a treaty of friendship, commerce, and navigation. To attain this purpose, the President of the United States of Amer- ica has conferred full powers on Charles W. Buck, Envoy Extraordi- nary and Minister Plenipotentiary of said Government, to the Government of Peru, and the President of Peru has ■''"°"^"'"- conferred like full powers upon SeSor Don 04rlos M. Elias, Minister of Foreign Eelations who, after comparing their respective powers, found to be in proper form, have agreed upon the following articles : ABTICLJi I. There shall be perfect and perpetual peace and friendship between the United States of America and the Eepublic of Peru, Declaration or am- and between their respective territories, people, and citi- '"■■ zens, without distinction of persons or places. Article II. The United States of America and the Eepublic of Peru ^^^^^^^ ^^ ^^^ mutually agree that there shall be reciprocal liberty of com- njerw "and "m°m- merce and navigation between their respective territories and citizens; the citizens of either Eepublic may frequent with their vessels all the coasts, ports, and places of the other, wher- ^,^4 ,„ r„,uent ever foreign commerce is permitted, and reside in all parts """'" of the territory of either, and occupy the dwellings and ware- houses which they may require, subject to the existing laws; '^'""''"™' and everything pertaining 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 1191 1192 ' TEEATIES AND CONVENTIONS. ' regulations of commerce, in all kinds of goods, merchandise, mannfact- Tradm "'^®'^' ^°^ producB not prohibited to all, and to open retail and wholesale stores and shops under tJie same municipal and police regulations as native citizens ; and they shall not in this re- spect be liable to any other or higher taxes or imposts than those which are or may be paid by native citizens. The citizens of either country shall also have the unrestrained right to travel in any part of the possessions of the other, and Traveling security. •, ^ . . •, , v *. ^ a ^ , 7 shall in all cases enjoy the same security and protection as the natives of the country wherein they reside, on condition of their sub- mitting to the laws and Ordinances there prevailing; they shall not be Forced loan. callcd upou for any forced loan or extraordinary contribu- tion for any military expedition, or for any public purpose whatever, nor shall they be liable to any embargo, or be detained with Indemnity (or em- their vBSsels, cargocs, merchaudise, goods, or effects, with- bareo. (J^|; being allowed therefor a full and sufftcient indemnifica- tion, which shall in all cases be agreed upon and paid in advance. Aeticle III. NohigherorotherdutieSjOrchargesonaccount of tonnage, lighthouses No discriminating Or harbor dues, pilotage, quarantine, salvage in case of dam- duties on vessel., ggg Qp shipwrcck, Or auy othcr local charges, shall be im- posed in any ports of Peru, on vessels of the United States, than those payable in the same ports by Peruvian vessels, nor in any of the ports of the TJiiited States on, Peruvian vessels, than shall be payable in the same ports by vessels of the United States. Article IV. All kinds of merchandise and articles of commerce which may oe lawfully imported into the ports and territories of either of the high .. , . contracting parties in national vessels may also be so im- in dSties o'™mSo'r°S portcd iu vcsscls of the other party without paying other °ionauty''°of°ve.°ei'3 Or Mghcr dutlcs or charges, of any kind or denomination importing same, ^jiatcver, than if the same merchandise and articles of com- merce 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. Article V. . No discriminating N& hlghcr Or othcr duties or charges shall be imposed or iuties onaci ~-.- .. ... .. _ -. . ... n natfonailty dnticon accomt_of levlcd upoH tho Importatiou into the ports and territories of purts. either of 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 artiqle, being the produce, growth, or manufact- ure of any other country; tior shall ,any prohibition be imposed upon the importation of any article, the produce, growth, or manufacture ojF either party, into the ports or territories of the other, which shall not equally extend to all other nations. PERU, 1887. 1193 Article VI. All kinds of merchandise and articles of commerce which may be lawfully exported from the ports and territories of either of the high contracting parties in national vessels, may also be exported in vessels of the other party; and they shall be subject to the same no aismmin»tio„ duties only, and be entitled to the same drawbacks, boun- t'^Souui?J,Z''nt^'- ties, and allowances, ^whether the same merchandise and ''°""- articles of commerce be exported in vessels of the one party or in ves- sels of the other party. Article VII. It is hereby declared that the stipulations of the present treaty are not to be understood as applying to the navigation and coasting trade between one port and another, situated in '^''"™°"™''°- the territories of either contracting party, the regulation of such navi- gation and trade being reserved respectively by the parties according to their own separate laws. Vessels of either country shall, however, he permitted to discharge part of their cargoes at one port open to for- eign commerce in the territories of either of the high contracting par- ties, and to proceed with the remainder of their cargo to aij^t to proceed any other port or ports of the same territories open to for- f'"" i""'" i"="- eign 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 outward. , Article VIII. The Eepublic of Peru, desiring to increase the intercourse along its coasts by means of steam-navigation, hereby engages to accord to any citizen or citizens of the United States, who may establish Lines of steam- a line of steam-vessels to navigate regularly between the '"-"»°'"- different ports of entry within the Peruvian territories, the same privi- leges of taking in and landing freight and cargo, entering the by -ports for the purpose of receiving and landing passengers and their baggage, specie and bullion, carrying the public mails, establishing depots tor coal, erecting the necessary machine and work- shops for repairing and refitting the steam-vessels, and all other favors enjoyed by any other association or company whatsoever. It is furthermore understood be- tween the two high contracting parties that the vessels of either shall not be subject in the ports of the other party to any duties of E5a,iityofch»rgea tonnage, harbor, or other similar duties whatsoever, than o"""*""'™"'!"- those that are or may be paid by any other association or company as provided by law current at the time of application. Article IX. For the better understanding of the preceding articles, it «i!f' °row"ci': is stipulated and agreed that every vessel belonging exclu- "='"=''• sively to a citizen or citizens of either country, and iiying the flag of such country, shall be considered as a vessel of that country. 1194 TREATIES AND CONVENTIONS. Article X. citoon,VL'on The merchants, commanders, or masters of vessels, and othef in"S°f*t other citizens of either contracting party, shall be wholly '""'■ free to manage their own business and affairs in all the ports and places within the jurisdiction of the other, or to commit their busi- ness and affairs to the management of any person whom they may choose to appoint as 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 re- spect 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 regulations of commerce established in the re- spective countries being in every case duly observed. Article XI. The citizens of either of the high contracting parties shall have the Di.poaai ot and ful] powcr SLud Ubcrty to dispose of their personal and real ertr.""""" " ^'°°' estate and effebts Of every kind and description, within the jurisdiction of the other, by sale, donation, testament, or otherwise ^ and their heirs or representatives, being citizens of the other party, shall succeed to the said personal and real estate and effects, whether by tes- tament or ab intestate, 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 citizens of the country, wherein said estate and effects may be, shall be subject to pay in like cases. Article XII. If any vessel belonging to the citizens of either of the high contract- shirwrecks. ing partics should be wrecked, suffer damage, or be left der- elict on or near the coasts within the territories of the other, all assist- ance and protection shall be given to such vessel and her crew; and the vessel, or any part thereof, and all furniture and appurtenances belonging thereto, together with all the merchandise which shall be saved there- from, or the produce thereof, if sold, shall be faithfully restored to the owners or their agents, they paying only the expenses incurred in the Salvage. prcservatlon of the property,together with the rate of salvage which would have been payable, in 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, import or contribution whatever provided the same \)6 exported. Article XIII. "When through stress of weather, want of water or provisions, pursuit of enemies or pirates, the vessels of one of the high contracting parties, veaseb aeekins whethor 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 PERU, 1887. 1195 with humanity ; suiBcieut time shall be allowed for the completion of re-' pairs, and while any \essel 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, and to place them in a condition to pursue their A'oyage without obstacle or hinderance. Article XIV. All vessels, merchandise, and effects belonging to the citizens of either of the high contracting parties, which may be captured p„p„tr cwmred by pirates either on the high seas or within the limits of its '=' "'''"'"'• 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 t'lgents, or the agents of the respective Governments. Akticlb XV. The high contracting parties promise and engage to give full and perfect protection to the persons and property of the citizens p„tertion to per- of each other, of all classes and occupations, who maybe ">"= and property. dwelling or transient in tbe territories subject to their respective juris- diction ; they shall have free and open access to the tribunals Access to tr,bu„aia of j-ustice for their judicial recourse, on the same terms as °'j""'™- are usual and customary with the natives or citizens of the country in which they may be ; and they shall be at liberty to em- Kmpioyme„torat. ploy, in all causes, the advocates, attorneys, notaries, or '"'"""■ agents, of whatever description, whom they may think proper. The said citizens shall not be liable to imprison- ''"'^"""""'"•^ ment without formal commitment under a warrant signed by a legal au- thority, except in cases flagrantis delicti ; and they shall in all cases be brought before a magistrate or other legal authority for ex- Examination artor amination within twenty-four hours after arrest; and if not ""^''• so examined, the accused shall forthwith be discharged from custody. 8aid citizens, when detained in prison, shall be treated, dur- Treatment or por- ing their imprisonment, with humanity, and no unnecessary »°"" '" ''"'°"- severity shall be exercised toward thjem. Article XVI. It is likewise agreed that perfect and entire liberty of conscience shall be enjoyed by the citizens of both the contracting ,,,^^1.,^ „f ^„„. parties in the countries subject to the jurisdiction of the one '^'^e andreiig,o„. or 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 citi- zens of one of the contracting parties who may die in the territories of the other shall be buried in the usual burying-grounds, or ^.^.^^^^f^,,^,^, in other decent and suitable places, and shall be protected '^ '° """' s from violation or disturbance. Article XVII. The citizens of the United States of America and the Eepublic of Peru may sail with their vessels, with entire freedom and security, from 1196 TREATIES AND CONVENTIONS. Tndme from sne- ^Dy port to tlie poits Or places of those, wlio now are, or ,uie»'ports. hereafter shall be, the enemies of either of the contracting parties, whoever may be the owners of the merchandise laden in the said vessels. The same citizens shall alsobe allowed to sail with their vessels, and to carry and traffic with their merchandise, from the ports and places of the, enemies of both i)arties, or of one of them, without any hinderance, not only to neutral ports and places, but also from one port belonging to an enemy to another enemy's port, whether they be Free .hips matei undcr the jurisdiction of one power or of several. And it tee goods. jg agreed that free ships shall give freedom to goods, and that everything shall be deemed free which shall be found on board the vessels belonging to the citizens of either of the contracting parties, * although the whole lading, or a part thereof, should belong to the contrab«nd ei. encmles of either, articles contraband of war being always "Trotectwo to per- exceptcd. The samo liberty shall be extended to persons BOOS on free ships, ^jjq jjj^y bc ou board frcc ships, so that said persons can- not 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 serv- Appiicatioiiofstip. ice of the enemy. It is agreed that the stipulations in this uiat[ons. article declaring that the flag shall cover the property shall be understood as applying to those nations only who recognize this prin- ciple; 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 XVIIT. The liberty of commerce and navigation stipulated for in the preceding Articles contraband artlcles shall cxtcnd to all kinds of merchandise, except the or war. articles called contraband of war, under which name shall be comprehended : 1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, i)ikes, swords, sabres, lances, spears, halberds, grenades, bombs, powder, dynamite and all explosives wjiich are recognized as of use for purposes of war, matches, balls, torpedoes, and everything belonging to the use of these arms. 2. Bucklers, helmets, breastplatfes, 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 and defensive arms made of iron, steel, brass, copper, or any other material, prepared and formed to make war by land or at sea. Aeticlb XIX. All other merchandise and things hot comprehended in the ai'liicles of contraband explicitly enumerated and classified as above shall be held and considered as free, and subject 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, ex- cepting only those places which are at that time besieged or blockaded ; Besieged andbiocic. aud to avold all doubt in this particular, it is declared that aded places. thosB placcs ouly shall be considered as besieged or block-' aded which are actually invested or attacked by a force capable of pre- venting the entry of the neutral. PERU, 1887. 1197 AKTICLB XX. The articles of contraband, or those before enumerated and classified, which may be found in a vessel bound for an enemy's port, shall be subject to detention and confiscation, but the rest of the Detention or con- cargo and the ship shall be left free, that the owners may "•»i>»nd.rticios. dispose of them as they see proper. No vessel of either of the con- tracting parties shall be detained on the high seas on ac- count of having on board articles of contraband, whenever seScSryins "onmv the master, captain, or supercargo of said vessel will de- '''°^' liver up the articles of contraband to the captor, unl6ss, indeed, the quantity of such articles be so great, or of so large bulk, that they can- not be received on board the capturing vessel without great inconven- , ience; 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 XXI. And whereas i-t frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same Is be- sieged, blockaded, or invested, it is agreed that every vessel so circum- stanced may be turned away from such port or place, but shall not be detained; nor shall any part of her cargo, if ed^a™' f™n!''bK not contraband, be confiscated, unless, after having been '"'°'' """■ warned of such blockade or investment by a commanding ofi&cer of a vessel forming part of the blockading forces, she again attempts to enter; but she shall be permitted to go to any other port or place the master or supercargo may think proper. N"or shall any vessel of either party that may have entered into such port or place before vei^u » » port tiie same was actually besieged, blockaded, or invested, by ^''°"' "»''""'■'■ the other, be restrained from leaving it with her cargo, nor if found therein before or after the reduction or surrender, shall such veosei romd [„ ^ vessel or her cargo be liable to seizure, confiscation, or any p*'""™"*"''"- demand on the score of redemption or restitution, but the owners thereof shall remain in the undisturbed possession of their property. 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 and attempt to depart, she may be warned to ie»'yo 'hSSeS by the blockading forces to return to the blockaded port ""'"'"' °"'°' and discharge the said cargo ; and if, after receiving such warning, the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as in the case of a vessel attempting to enter a blockaded port after having been warned off by the blockading forces. Aktiole XXII. To prevent disorder and irregularity in visiting and examining the vessels and cargoes of both the contracting parties on the ^_^.^ „„d search high seas, they have agreed mutually that whenever a ves- of^'veS'orhiell sel of war, public or private, shall meet with a neutral of '"^' the other party, the former shall remain at the greatest distance compat- ible with the possibility and safety of making the visit, under the cir- cumstances of wind and sea, and the degree of suspicion attepdingthe vessel to be visited, and shall send one of her small boats with no more mm tban iaay be necessary to execute the ga,icl oxamiug^tiou of tUe pa-; 1198 TEEATIES AND CONVENTIONS. pers concerning the ownership and cargo df the vessel, without causing the least extortion, violence, or ill-treatment, in respect of which the, commanders of said armed vessels shall be responsible with their per- security given by SOUS aud propcrtjT ; for which purpose the commanders of privateersmen. gg^j^ pdvato arfficd vesscl shall, before receiving their com- missions, give sufficient security to answer for all the injuries and dam- Neutral p«, not ^gcs thcj may commit. And it is expressly agreed that the KifeimbiSevea" UButral party shall in no case be required to go on board of riei for any purpose, ^jjg cxamiuing vcsscl for the purpose of exhibiting the ship's papers, nor for any other purpose whatever. Aeticle XXIII. Both contracting parties likewise agree that when one of them shall Sea-letters; when ^^ ougagcd in \var, thc vcsssls of the other must be furnished to be o»ed. ' ^£^jj sea-letters, patents, or passports, in which shall be ex- pressed the name, burden of the vessel, and the name and place of resi- dence of the owner thereof, in order that it may appear that the vessel really and truly belongs to citizens of the said other party. It is alst agreed that such vessel, being laden, besides the said sea letters, pat- Manifestsofea o ^^^^^ ^^ passports, shall bc provided with manifests or cer- aniestso cargo, ^j^gg^^gg ooutainiug thc partioulars of the cargo, and the place where it was taken on board, so that it may be known whether any part of the same consists of contraband or prohibited articles; which certificate shall be made out in the accustomed form by the au- Treatment or ves thoritics of th© poft whcnco tho vessel sailed; without rl'3?£L°eB?' '^'^i^''^ requisites the vessel may be detained, to be adjudged tersan man.ieeta. ^^ ^j^^ compcteut tribuHals imd may be declared good and legal prize, unless it shall be proved that the said defect or omission was owing to accident, or unless it shall be satisfied or supplied by tes- timony equivalent in the opinion of the said tribunals, for which pur- pose there shall be allowed a reasonable length of time to procure and present it. Article XXIV. The preceding stipulations relative to the visit and examination of vessels shall apply only to those whicli sail without convoy ; wilh convoy. °°"'°' for when said vessels shall be under convoy, the verbal dec- laration of the commander of the convoy,, on his word of honor, that the vessels under his protection belong tO the nation whose flag they carry, and when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient. Akticle XXV. It is further agreed, that in all prize-cases, the courts specially estab- lished for such causes in the country to which the prizes decrees. °°"" ""'' ^ay be couducted shall alone take cognizance of them. And whenever such courts of either party shall pronounce judgment against any vessel, merchandise, or property claimed by the citizens of the other party, the sentence or decree shall set forth the reasons on motives on which the sam e shall have been founded ; and an authenticated copy of the sentence or decree, and of all the proceedings connected with the case, shall, if demanded, be delivered to the com- mander or agent of the said vessel, merchandise, or property, without any excuse or delay, upon payment of the established legal fees for the same. PERU, 1887. , 1199 Article XXVI. Whenever one of the contracting parties shall beengaged in war with another nation, no citizen of the other contracting party Letters ormnrque; shall accept a commission or letter of marque for the pur- "'i'^- forbidden. pose of assisting or cooperating hostilely with the said enemy against the said party so at war, under pain of being treated as a pirate. ' Aeticlb XXVII. If, which is not to be expected, a rupture should at any time take place between the two contracting nations, and they should engage in war with each other, they have agreed, now for 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 r^E^ i"?ale "f the other, shall have the privilege of remaining and con tin- ""' uing their trade and business therein, and shall be respected and main- tained in the full and undisturbed enjoyment of their personal liberty and property so long as they conduct themselves peaceably and prop- erly, and commit no offence against the laws. And in case their acts should render them justly suspected, and having thus forfeited this privilege the respective Governments should 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 suflBcient 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, nevertheleiss, un- derstood that the respective Grovernments may order the persons so suspected to remove forthwith to such places in the interior as may be designated. Article XXVIII. In the event of a war, or of any interruption of friendly intercourse between the high contracting parties, the money, private Exemption or debts, shares in the public funds, or in the public or private KTSnn'ciiiof " banks, or any other property whatever, belonging to the "■"^"f""- citizens of the one party in the territories of the other, shall in no case, for that cause alone, be sequestrated or confiscated. Article XXIX. The high contracting parties, desiring to avoid all inequality in their public communications and offlcial intercourse, agree to grant to their envoys, ministers, charges d'affaires, and other diplomatic "; ',, \ *^ . ., .' ... T Pnvilegea .111(1 itn- agents, the same favors, privileges, immunities, and exemp- mumues or minu. tions that those of the most favored nation do or shall enjoy, it being understood that the favors, privileges, immunities, and exemp- tions granted by the one party to the envoys, ministers, charges d'af- faires, 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. 1200 TREATIES AND CONVENTIONS. Article XXX. ' To protect more effectually the commerce and navigation of their respective citizens, the United States of America and the Eepuhlic of Peru agree to admit and receive, mutually, consuls and vice- priT°fcges°aniimiift- cousuls iu all thclr ports open to foreign commerce, who shall enjoy, within their respective consular districts, all the rights, privileges, 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 con- suls and vice-consuls shall, before exercising their official functions, exhibit to the Government to which they are accredited their commis- sions or patents in due form, in order to receive their exequatur; after receiving which they shall be acknowledged in their official characters by the authorities, magistrates, and inhabitants of the districts in which • they reside. The high contracting parties, nevertheless, remain at lib- erty to except those ports and places where the admission and residence of consuls and vice-consu}s may not seem to be convenient, provided that the refusal to admit them shall likewise extend to those of all nations. Article XXXI. The consuls, vice-consuls, their officers and persons employed in their consulates, shall be exempt from all public service, and Exemption or con- n iii>-i/>j -i t i 't , • • .ub; inviolability of from all kinds of taxes, imposts, and contributions, except archives. thosc whlch thcy shall be lawfully 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 inviolably respected ; and no person, magistrate, or other public authority shall, under any pretext, interfere with or seize them. Article XXXII. The consuls and vice-consuls shall have power to require the assist- ance of the public authorities of the country in which they reside for the arrest, detention, and custody of deserters from the ves- sels 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 deliv- ery 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 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 tl;ieir arrest, they shall be set at liberty, m^ §liaU ngt be P-gain apprehended for th§ s^nj© c^se. Th§ PERU, 1887. 1201 high contracting parties agree that it shall not be lawful for any pub- he authority or other person within their respective dominions to har- bor or protect such deserters. Aeticle XXXIII. Until the conclusion of a consular convention, which the high con- tracting parties agree to form as soon as may be mutually convenient, it is stipulated, that in the absence of the legal heirs or representatives the consuls or vice-consuls of either party shall be ex-officio the executors or administrators of the citizens of their na- ofon?iation'in™hB ,, T -!• •' It • i_t • 1 • • T J ' t n territory of the other. tion who may die withm their consular jurisdictions, 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 some other judicial authority to assist in taking an inven- tory of the elfects and property left by the deceased, after which the said efi'ects shall remain in the hands of the said consuls or vice-consuls, who shall be authorized to sell immediately such of the effects or prop- erty as may be Of a perishable nature, and to dispose of the remainder according to the instructions of their respective Governments. And where the deceased has been engaged in commerce or other business, the consuls or vice-consuls shall hold the effects and property so remain- ing 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 and 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. Abticlb XXXIV, As a consequence of the principles of equality herein established, in virtue of which the citizens of each one of the high con- whenciaim^sh^n tracting parties enjoy in the territory of the other the same dfpi°rati°"Se'r"ve™- rights as natives, and receive from the respective Govern- """■ ments the same protection in their persons and property, it is declared that only in case that such protection should be denied, on account of the fact that the claims preferred have not been promptly attended to by the legal authorities, or that manifest injustice has been done by such authorities, and after all the legal means have been exhaustbd, then alone shall diplomatic intervention take place. Article XXXV. The United States of America and the Eepublic of Peru, desiring to make as durable as possible the relations established between the two parties in virtue of this treaty of friendship, commerce, and navigation, declare solemnly and agree as follows: Ist. The present treaty shall remain in force for the term of ten years from the day of the exchange of the ratifications thereof, ^^ . and further until the end of one year after either of the ""'»"''°''''"=''"- high contracting parties shall have given notice to the other of its in- 3769 TK 76 12U2 TREATIES AND CONVENTIONS, tention to terminate the same, each of them reserving to itself the right of giving such notice to the other at any time after expiration of the said term of ten years. And it is hereby agreed between the par- ties 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 terminate. 2nd. If any citizen or citizens of either party shall infringe any of ufrmsement of tho articlcs of thls treaty, such citizen or citizens shall be tre.ty by citizens, jjgifj persoually Tespousible therefor, and the harmony and good understanding between the two nations shall not be interrupted thereby, each party engaging in no way to protect the offender or of- fenders, or to sanction such violation, under pain of rendering itself liable for the consequences thereof. iieprisaisa-ddeo- 3d. ShouW, uufortunately, any of the provisions con- larationsorwar. taiuftd lu thc prcseut treaty be violated or infringed in any other manner whatever, it is expressly stipulated and agreed that neither of the contraotiug parties shall order or authorise any act of rteprisals, nor declare nor 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. Treaties with other ^th. IJiTothing coutalued in this treaty shall, however be uations not affected, coustrued to opcratc 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, Eauacafona. ^^ ^^^ ^j^j^ ^j^^ advlcc aud cousBut of the Senate thereof, and by the Priesident of the Eepublic of Peru, with the approbation of the Congress thereof, and the ratifications shall be exchanged at Wash- ington or Lima as soon thereafter as possible. In evidence whereof we, the Plenipotentiaries of the United States of America and of the Republic of Peru, have signed and sealed these presents : at the city of Lima, in duplicate English and Spanish, this the thirty-first day of August in the year of our Lord one thousand eight hundred and eighty-seven. SEAL SEAL' Chas. W. Buck Carlos M. Elias SPAIN. 1886. AGEEEMENT FOE THE EECIPEOCAL SUSPENSION OF ALL DISCEIMINAT- INGr DUTIES OF TONNAGE OR IMPOSTS IN THE POETS OF THE UNITED STATES AND THE ISLANDS OF CUBA AND POETO EICO. Signed at Washington, October 27, 1886; proclaimed October 27, 1886. Memoraadum of agreement between the G-overnment of the United States of America and the G-overnment of Spain for the reciprocal and complete suspension of all discriminating duties of tonnage or imposts in the United States and in the islands of Cuba and Porto Eico upon vessels of the respective countries and their cargoes. Eirst. It is positively understood that from this date an absolute equalization of tonnage and impost duties will at once be applied to the products of and articles proceeding from the United States, or from any foreign country in vessels owned by citizens of the ni,„i„i„,ji„ j„ United States, to the islands of Cuba and Porto Eico, and HB^^'iTZimliei that no higher or other impost or tonnage duties Will be SsutervesseUMd, i.-i ^ 'I 1 Tji IT • -I • their cargoes in the levied upon such vessels and the merchandise carried in islands of cuba and them, as aforesaid, than are imposed upon Spanish vessels and their cargoes under the same circumstances. Cnder the above conditions the President of the United States will at once issue his proclamation declaring that the foreign DiscrimmatinB da- discriminating duties of tonnage and imposts within the t'L^^^t^iTs^^ United States are suspended and discontinued so far as iawrn'iheMred respects Spanish vessels and the produce, manufactures, or ='""'■ merchandise imported in them into the United States from Spain or her possessions aforesaid, or from any foreign country. , This memorandum of agreement is offered by the Government of Spain and accepted by the Government of the United States as a full and satisfactory notification of the facts above recited. Secondly. The United States minister at Madrid will be authorized to negotiate with the minister of foreign affairs, either by an agree- ment or treaty, so as to place the commercial relations be- commercial treaty tween the United States and Spain on a permanent footing '"i-e negotiated. advantageous to both countries. In witness whereof the undersigned, in behalf of the Governments of , the United States and of Spain respectively, have hereunto set their hands and seals. , Done at Washington, this 27th day of October, A. D. 1886. SEAL.] T. P. BAYAED. SEAL.j E. DE MUKXTAGA. 1203 1204 TREATIES AND CONVENTIONS. 1887. MEMORANDUM OF AGREEMENT FOR THE RECIPROCAL AND COMPLETE SUSPENSION OP ALL DISCRIMINATING DUTIES OF TONNAGE OK IM- POSTS IN ALL THE PORTS OF THE UNITED STATES AND SPAIN. Done at Washington September 21, 1887. Memorandum of agreement between the G-overnment of the United States of America and the Government of Spain for the reciprocal and complete suspension of all discriminating duties of tonnage or imposts in the United States and in the Islands of Cuba and Porto Eico and all other countries belonging to the Crown of Spain, upon vessels of the respective countries and their cargoes. 1. It is positively agreed that from this date an absolute equaliza- tion of tonnage dues and imposts shall at once be applied to the pro- „. . ductions of or articles proceeding from the United States, ""SutobeabrfishSi ''^ ^^^ Other foreign country, when carried in vessels belong- ESiil'vHei °° ^^S *** citizens of the United States, and under the Amer- ican flag, to the Islands of Cuba, Porto Eico and the Phil- ippines, and also to all other countries belonging to the Crown of Spain, and that no higher or other tonnage dues or imposts shall be levied upon said vessels and the goods carried in them, as aforesaid, than are paid by Spanish vessels a.nd their cargoes under similar circumstances. . 2. On the above conditions, the President of the United States shall at once issue a proclamation declaring that discriminating Discriminatinjton- tounago ducs aud Imposts in the United States are sus- iiage dues and im- ^^ i-i* j--i ii-^ •-■ i t po9« to be abolished pcudcd aud discontinued as regards Spanish vessels and with respect to Span- -,' j*' j_ ?■!•• j-i.^j_t ish vessel,. produce, manufactures or merchandise imported into the United States, proceeding from Spain, from the aforesaid possessioijs and from the Philippine Islands ; and also from all other countries belonging to the Crown of Spain or from any foreign country. This protocol of an agreement is offered by the Government of Spain and accepted by that of the United States as a full and satisfactory notification of the facts above recited. 3. The United States Minister at Madrid will be authorized to ne- gotiate with the Minister for Foreign Affairs either by an to^b7nS'atd.°"* agreement or treaty, so as to place the commercial relation's between the United States and Spain on a permanent foot- ing advantageous to both countries. In witness whereof, the undersigned, in behalf of the Governments of the United States and of Spain respectively, have hereunto set their hands and seals. Done at Washington this 21^t day of September in the year of our Lord 1887. [SEAL.l T. E. Bayard. I SEAL. 1 E. DB MUKUAGA. TONGA. 1886. , TREATY OF AMITY, COMMEECE, AND NAVIGATION. Concluded October 2, 1886 ; ratifications exchanged at l^ukualofa August 1, 1888; proclaimed September 18, 1888. The United States of America, and the King of Tonga, mutually desirous of maintaining and strengthening their relations and inter- ests; have resolved to conclude a treaty of amity, commerce and navi- gation; and to this end have empowered as their represent- atives: The President of the TJnited States; George H. '"'*°""°"- Bates, Special Commissioner of the United States to Tonga; And His Majesty, the King of Tonga; the Eeverend Shirley Waldemar Baker, Premier of the Kingdom of Tonga; Who, after producing to each other their respective powers, have agreed upon the following Articles : Akticle I. Peace and amity. There shall be perpetual peace and amity between the United States of America and the King of Tonga, his heirs and his successors. Aetigle II. The citizens of the United States shall always enjoy, in the domin- ions of the King of Tonga, and Tongan subjects shall always enjoy in the United States, whatever rights, privileges and immuni- Keoi„rocai immu- ties are now accorded to citizens or subjects of the most- ■>!''" » ""i^""'- favored nation; and no rights, privileges or immunities shall be granted hereafter to any foreign state or to the citizens or subjects of any for- eign state by either of the High Contracting Parties, which shall not be also equally and unconditionally granted by the same to the other High Contracting Party, its citizens or subjects; it being understood that the Parties hereto affirm the principle of the law of nations that no privilege granted for equivalent or on account of propin- ^nyw^m sranted quity or other special conditions comes under the stipula- fo'^i"""'^""- tions herein contained as to favored nations. Akticle III. Citizens of the United States in Tonga, and Tongans in the United States, may visit sojourn and trade in any part of the re- Permis.ion to spective jurisdictions, and rent, occupy and improve lands t''"i= "-"i s<>j»"rn. and erect dwellings, offices and ware-houses thereon, subject to the 1205 1206 TEEATIES AND CONVENTIOSTS. laws and regulations of the country; which shall however in no case, except in respfect of employment as laborers, be more restrictive than those imposed upon the citizens or subjects of the respective country, or upon the citizens or subjects of the most-favored nation. , Akticle IV. Commerce mfl Thcro shall bo feclprocal Hbcrty of commercc aud uavl- ^vigation. gation between the United States and the Tonga Islands, and no duty of customs or other impost shall be charged upon any goods being the produce or manufacture of one country, when imported there- from into the other country, other or higher than is charged upon the same, the produce or manufacture of Or imported from any other country. Akticle V. Harbor dues and ^o othcr Or highcr duties or charges on account of harbor .h,pping charges, ducs, pllotagc, quarantiuc, salvage in case of damage or ship-wreck or other shipping charges shall be imposed in the dominions of the King of Tonga on vessels of the United States, or in the United States on Tongau vesselsj than are imposed on vessels belonging to the most-favored nation. Article VI. Rights of ships-or- The ships-of- war of either of the High Contracting Parties may enter all ports, places and waters within the jurisdiction of the other, to anchor and remain, take in stores, refit and repair, sub- ject to the laws and regulations of the country. To enable this privilege to be carried out in his dominions, the King of Tonga agrees to secure to the government of the United States by lease at nominal »taSn°on°ToMai"i- rcut, wlth covcuants of renewal, all rights of free use of necessaty ground in any harbor of the Tonga Islands which shall be mutually agreed upon, for the purpose of establishing a perma- nent coaling and repair-station, the rights of TOngan sovereignty therein being fully reserved and admitted ; and in selecting a station for this pur- pose, due regard shall be had for any similar concession which the King of Tonga has or may have granted by treaty to any other government. Article VII. steam mail ves- Ail stcam vcsscls wMch may be employed by the Grovern- seis. ment of the United States in the carrying of their mails in and across the Pacific Ocean shall have free access to all ports of the Tonga Islands, and shall be there subject only to one-third of the usual harbor and pilotage dues, provided that no vessel shall be entitled to such exemptioil except upon condition of carrying free of charge the Tongan mails to ports of destination and call of such vessel. Article VIII. Privileges to whai ^^® whallug Or flshiug vessels of the United States shall i in/in'dTah'Sg\L; have free access to the ports and harbors of Tonga, and in the ports of dntry thereof shall be permitted, to barter or : trade their supplies or goods for provisions for the use of their own ves- sels and crews, without being smbject to the law relative to trading 1207 licenses, ana shall be subject to no port-, or barbor-dues or pilotage whatever ; but this privilege of barter and trade shall not include the supplying of spirituous liquors, or arms or ammunition to the Tongans. And such whaling or fishing vessels shall, after having entered any port of entry in the-Tonga Islands, be at liberty to anchor off any island or reef thereof, for the purpose of whaling or boiling down ; provided, such vessel does not anchor within the distance of three nautical miles from any inhabited town, — but nothing in this clause shall be so con- strued as to permit infringement of the quarantine laws of the dominions of the King of Tonga. Article IX. All citizens of the United States residing in the Tonga Islands, and Tongan subjects residing in the United States, shall be exempted from all compulsory military service whether by sea or land, and from all , forced loans, military requisitions and quartering of troops. They shall, moreover not be compelled to pay any other or ,„iSar7datJ. '^'°'" higher taxes or license fees, or personal dues of any kind, than are or may be paid by the citizens or subjects of the High Con- tracting Party levying the same. Article X. Should any member of the ship's company desert from a vessel-of- war or merchant vessel of either of the High Contracting Parties, while such vessel is within the territorial jurisdiction of the other, the local authorities shall render all lawful assistance for the ^S?'"""" "'' """ apprehension of such deserter, on application to that effect made by ;the Consul of the High Contracting Party concerned, or if there be no consul, then by the master of the vessel. Article XI. Each of the, High Contracting Parties may appoint Consuls, Vice- Consuls, Commercial Agents and Vice-Commercial Agents, for the pro- tection of trade, to reside in the territory of the other High Contracting Party ; but before any Consular officer so ap- cots"a°r o&S? °' pointed shall act as such, he shall in the usual form be ap- proved of and admitted by the Government of the country to which he is sent ; and all such Consular officers shall enjoy the same privileges and powers with those of the most favored nation. Article XII. Consuls and Consular representatives of the United States in Tonga shall have all iurisdictional rights over civil and criminal ... ■ _n ■ .J.. J 1 ■ Junisdiction of U. matters concerning their own citizens and vessels, in con- ?. consular ofscer? formity with the statutes of the United States and the law "'^°°''" of nations; and they may call upon the authorities of Tonga for aid in making arrests or enforcing judgments: And, Citizens of the United States charged with committing offenses against Tongans shall be amenable only to the Consular jurisdiction and shall be punished ac- i cording to the law of the United States: and Tongans charged with committing offenses against citizens of the United States shall be tried by Tongan courts and punished accor4ing to Tongan law. Claims of a civil nature against citizens of the United States shall be cognizable only in the Consular jurisdiction, ''""' '"'"' and Tongan courts shall be open to citizens of the United States to 1208 TREATIES AND CONVENTIONS. prosecute such claims against Tongans, according to law: Provided that citizens of the United Stages charged with violations of laws and regu- lations of Tonga relating to customs, taxation, public health and loca;i police not cognizable as such under the laws of the United States, shall be amenable to the jurisdiction of the Tongan courts upon notice to the nearest U. S. Consul or Commercial Agent, if there be one resident in Tonga, who shall have the right to be present at the trial and to direct or provide for the defense of the accused; the proceedings at all such trials shall be public and accessible. Aetiole xm. Edi iousfreejom Perfcct aud cntirc freedom of conscience and worship, with right of sepulture according to their creed, shall be enjoyed by the citizens or subjects of either of the High Contracting Parties withiti the jurisdiction of the other. Article XIV. Duntion. Thls Treaty shall become effective upon promulgation and shall continue in force for ten years, and thereafter until one year after notice shall have been given by one of the High Contracting Parties to the other of its desire to terminate the same: save and except as to Article VI. (relative to the establishment of a coaling-station), which shall be terminable only by mutual consent. Article XV. This Treaty shall be ratified and the ratifications ex-_ changed at Nukualofa as soon as possible. This Treaty is executed in. duplicate, one copy being in English and the other in Tongan, both versions having the same meaning and inten- tion, but the English version shall be considered the original, and shall control iu case of any variance. In witness whereof, the respective plenipotentiaries have signed this Treaty, and thereunto affixed their respective seals. Done in the harbor of Nukualofa, in Tongatabu, on board' the United States Steamer, " Mohican," this second day of October, in the year of oar Lord, one thousand, eight hundred and eighty-six. SEAL.J Geo. H. Bates. SEAL.J Shirley W. Baker. ZANZIBAE. 1886, TKEATY CONCERNING IMPORT DUTY AND CONSULS, ENLARGING AND DEFINING STIPULATIONS OF THE TREATY OF SEPTEMBER 21, 1833. Concluded July 3, 1886; ratifications exchanged at Zanzibar June 29y 1888 ; proclaimed August 17, 1888. Tlie GoTernment of the United States of America and His Highness BargLasli bin Said Sultan of Zanzibar, being mutually de- contracting par- sirous to confirm and strengthen the friendly relations which "='■ , now subsist between the two countries by enlarging and defining the treaty stipulations already existing between them in virtue of the Treaty concluded on the 21st of September 1833, corresponding to the sixth day of the moon called Jamada Alawel in the year of the Allha- , jia 1249, between the United States of America and His Majesty Seyed Syed bin Sultan of Muscat (and Sovereign of Zanzibar), which Treaty has continued in force as to Zanzibar, and its dependencies after the separation of Zanzibar from Muscat, and has been expressly accepted, ratified and confirmed by His said Highness Barghash bin Saiid, Sul- tan of Zanzibar on the 20* of October 1879, corresponding to the 4*'^ Zulkaatli, 1296, have resolved to conclude an additional treaty to that end and have appointed as their Plenipotentiaries to wit: — The President of the United States of America, Frederic M. Cheney, Consul of the United States at Zanzibar, and His High- ness the Sultan of Zanzibar his private secretary Mohamet '"'°'""°"- Salim bin Mahommed Al Mavli, who having exhibited to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles. Article I. Notwithstanding the provisions of Article III of the treaty above- mentioned, by which bo more than five per centum duties i,„ty „„ uquors shall be paid oh the cargo landed from vessels of the United '»"«»='' States entering any port within His Highness the Sultan's dominions, spirits and spirituous liquors containing more than 20 per centum by volume of alcohol, when imported into the dominions of His Highness the Sultan from abroad in vessels of the United States, shall be shb- ject to an entry or import duty not exceeding 25 per centum ad valorem. Provided that no other or higher import duties shall be so levied and collected upon spirits carried to Zanzibar in vessels of the United States than are levied and collected upon like imports of spirits in the vessels of any other nation. 1209 1210 TREATIES AND CONVENTIONS. Akticle II, The Consuls of the XJnitecl States appointed under the stipulations of the IX*'' article of the treaty above mentioned, shall in n,8i.ts of consuls. j^^^j^j^Qjj ^Q ^jjg rights, powejs and immunities secured by said article, enjoy all the rights, privileges, immunities and iurisdic- tional powers which are now or may hereafter be enjoyed by the Con- suls and Consular Agents of the most favored nations and conversely, the Consuls and Consular Agents which His Highness the Sultan may appoint to reside in the United States shall have the treatment of Agents of like grade of the most favored nation. Article III. This Treaty shall be ratified and the ratifications ex- EatiBcatioM. {jhangcd at Zanzibar, as soon as possible. Done in duplicate each copy being in the English and Arabic lan- guages, at Zanzibar the third day of July 1886, corresponding to the thirtieth day of the moon called Eamajan in the year of the Hegira, 1303. [seal] Frbdekic M. Chbkbt Mohamet Salim bin Mahommed [seal] Ali Mavli. W^' F= 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. 17?8. Fobruarye iFiance Amity and commerce 296 FebraaryG France Alliance 307 February France Act separate and secret 309 1782. Jnly 10 France Payment of loan 310 Octobers iCTetherlands Amity and commerce 749 Octobers Netherlands EQcaptured vessels ^ 759 November 30 Great Britain Provisional articles preliminary to peace. . 370 November 30. J- _. Great Britain Separate article 373 1783. January 20 Great Britain Armistice 374 February 25 France New loan - 314 April3 Sweden Amity and commerce i 1042 Aprils Sweden Separate articles 1050 September 3 . Great Britain Peace '375 1785. JaIy9aDd28, An- Prussia Amity and commerce 899 gust 5, and Sep- tember 10. 1787. January Morocco Amity and commerce .'.. 724 1788. November U France Consuls 316 II. President Washington's Administration : March 4, 1789 to March 4, 1797. 179i. Novembe^l9 Great Britain Peace, amity, commerce, navigation, bound- 379 ary, claims, and extradition. November 19 Great Britain (Additional article.) Suspending part of 395 12th article. ,1765. September 5 Algiers Peace and amity 1 October27 Spain Friendship, limits, and navigation 1006 1796. May 4 Great Britain Article explanatory of 3d article of treaty 395 of 1794. Novemb6r4 Tripoli Peace, friendship, and navigation 1081 III. President John Adams's Administration : March 4, 1797 to March 4, 1801. 1797. August..., Tunis Peace, friendship, and navigation 1090 1798. March 15 Great Britain Article explanatory of 5th article of treaty 396 of 1794. ' ■ 1799. July 11 ^ Pruiisia Amity and commerce — ^ 907 1800. September 30 France Peace, commerce, navigation, and iisheries. 322 IV. President Jefferson's Administration : March 4, 1801 to March 4, 1809. 1802. Januarys Great Britain Additional convention to treaty of 1794 39S AugnstU Spain Indemnity 1015 1803. April 30 France Cession of Lonisiana 331 April 30 France Payment of 60,000,000 francs by the TTnited 334 States. April 30 France Claims against France to be paid 335 1805. June4 Tripoli Peace, friendship, navigation, and prison- 1084 ers. ^ V. President Madison's Administration : March 4, 1809 to March 4, 1817. 1814. December 24 Great Britain Peace, boundary, and slave-trade.' 399 1816. July 3 Great Britain , Commerce, duties, and consuls 410 June 30, July 6.. -Algiers Peace and amity 6 Nov6mber2'4 GreatBritain Declaration relativeto St. Helena, as real- 413 dence ofBonaparte. 1816. September 4 Sweden and Norway Amity and commerce ^053 December 22, 23. . Algiers Peace and amity ' 10 1211 1212 LIST OF TREATIES AND CONVENTIONS. VI. Pi'esident Monroe's Administration: March 4, 1817 to March 4, 1825. Page. 1817. April28 GieatBritain ArraiijiemoDtforai'mcdTasseUontlieLakes 413 November 24 G-reat Britain Decision of Gommissionors respecting 405 boundary. > 1818. October 20 Great Britain .Fisbejies, boundary, and slaves 415 1819. Febrnary22 Spain Peace, cession of Florida, limits, claims, 1016 and commerce. 1822. June 18 GreatBritain Decision of Commissioners respecting 407 boundary. 1822. June 24 France Duties and consuls ,.. 343 June 24 Fiance Duties to be refunded 345 June30, Julyl2 ..Great Britain Differenoesreforred to Emperor of Eussia. 418 182#, February 24 Tunis Altered articles of peace, friendship, and 1096 navigation. Aprils, 17 Bnssia Navigation, dshing, and trading in Pacific 031 Ocean. October 3 Colombia Friendship, commerce, and navigation ISO VII. President J. Q. Adams's Administration : March 4, 1825 to March 4, 1829. 1825. December 5 Central America Commerce and navigation 121 1826. April 26 Denmark , Friendship, commerce, and navigation 231 NovemberlS Great Britain Indemnity under treaty of Ghent 424 1827. July4 Sweden and Norway. Commerce and navigation 1058 July 4 Sweden and Norway Not to affect the trade with Finland— sepa- 1065 rate article. August 6...... ...Great Britain Boundary.,.^ 420 August 6 ,. Great Britain Een ewal' of commercial conventions 428 September 29 Great Britain Boundary; differences to be referred to an 429 arbiter. December 20 Hanseatic Kepublics Friendship, commerce, and navigation 533 1828. Januaiyl2 Mexico Boundary : 661 Mayl Prussia Commerce and navigation 916 June 4 Hanseatic Bepublics Deserters 537 December 12 Brazil Friendship, commerce, and navigation 105 VIII. President Jackson's Administration : March 4, 1829 to March 4, 1837. 1829. August 27 Austria Commerce and navigation 23 1830. irarcb28 Denmark Indemnity, claims .- 235 ■May7 Ottoman Porte Friendship and commerce..., — 798 1831. Aprils Mexico Boundary; additional article to treaty of 1828 663 AprilSl Mexico Amity, commerce, and navigation 664 Aprils Mexico Amity, commerce, and navigation; addi- 674 tional article to treaty of ] 831. July 4... France Claims; duties on wines and cottons 345 1832. May 16 Chili Friendship, commerce, and navigation 131 October 14 Two Sicilies Indemnity 3100 December 6-18. -.Eussia Commerce and navigation.... 933 December 6-18 ... Eussia Certain stipulations with other powers not 937 to be invoked; separate article. 1833. March 20 Siam Amity and commerce 992 September 1 Chili Explanatory of treaty of 1832 140 September 21 Muscat ....Amity and commerce 744 18.34. February 17 Spain.. Indemnity 1023 1835. Aprils Mexico Boundary; second additional article to 675 treaty of 1828. December 26 Two Sicilies Claims'; provisiom for the payment of the 1101 awards under the.convention of October 14, 1832. 1836. January 20 Tenezuela Friendship, commerce, and navigation 1119 September 16 Morocco Amity and commerce ' 729 November 30 Peru-Bolivia Friendship, commerce, and navigation 840 IX. President Van Buren's Administration : March 4, 1837 to March 4, 1841, 1837. December 10-22. -Greece Commerce and navigation : ^ 502 1838. April 11 Texas :■ Indemnity for brigs "Pocket" and "Du- 1U78 range." April 25 Texa,s Boundary ; 1079 November 26 Sardinia : Commerce and navigation -..-. 974 November 26 Sardinia Differential duties in certain oases 980 1839. January 19 Netherlands Commerce and navigation 761 April 11 Mexico Claims J'° June 13 Ecuador... Friendship, navigation, and commerce 25|) 1840. May 20 Hanover Commerce and navigation 518 August 26 Portugal Commerce and navigation 891 f X. President Harrison's Administration : March 4, 1841 to April 4, 1841, 1841. March 17 Peru Claims ; 850 LIST OF TEEATIES AND CONVENTIONS. 1213 XI. President TyWa Administration: April 4, 1841 to March 4, 184,5. Page. 1343. August 9 Great Britain. Boundary, slaTe-trade, and extradition 432 1843. January 30 ..^.-•Mexico .' Claims; pp-yment of awards to claimauta . . 680 November 9 France Extradition 348 1844. Maroli26 Hesse, Grand Duchy of Abolition of droit d'anbaineand taxes on 563 emigration.. April 10 Wiirttemberg Abolition of droit d'aubaine and taxes on 1144 emigration. July 3 CMna Peace, amity, and commerce 145 1845. January 21 Bavaria .Abolition of droit d'aubaine and taxes on 45 emigration. February 24 France Extradition, (additional article to conven- 349 tion of November 9, 1843.) XII. President Polk's Administration: March 4, 1845 to March 4, 1849. May 14 '.Saxony Abolition of droit d'aubaine and taxes on 981 emigration. November 10 Belgium Commerce and navigation 52, December 1 Two Sicilies Commerce and navigation 1102 1846. May27 Nassau Abolition of droit d'aubaine and taxes on 747 emigration. June 10 H.inover Commerce and navigation 523 June 15 Great Britain Boundary west of Kocky Mountains 438 December 12 New Granada Amity, commerce, and navigation 195 December 12 New Granada Defining national ships, additional article. 206 1847. March 10 Oldenburg Commerce and navigation (accession) 792 May 18 Swiss ConfetJeration Abolition of droit d'aubaine aud taxes on 1071 emigration. / December 9 Mecklenbnrg-Schwerin Commerce and navigation (accession) 653 1848. February2 Mexico .". Peace, friendship, limits,- and claims 681 Mays Austria Disposal of property, consuls ,. .. 27 May26 Mexico Peace, friendship, limits, and claims. Ex- 692 planatory protocol. 1849. January27 Brazil Claims 115 MarchS Guatemala Amity, commerce, and navigation 508 XIII. Presidmt Taylor's Administration: March i,13i9 to July 0,1850. December 20 Hawaiian Islands Commerce, navigation, and extradition 540 ISJO. January2 SanSalvador Amity, navigation, and commerce 945 Aprill9 ..Great Britain Ship-canai from the Atlantic to the Pacific. 440 May 4 New Granada Consuls '. '. 206 Juno 23 Borneo Peace aud amity; consular jurisdiction 102 XIV. President Fillmore's Administration .- July 9, 18.50 to March i, 1853. November 25 Swiss Confederation Friendshijp, commerce, and extradiiion 1072 December 9 Great Britain Cession of Horseshoe. Reef 443 1851. February 26 Portugal Certaiuclaims to be referred to an arbiter., 891 July 10 Costa Bica Amity, commerce, and navigation 226 July26 iperu Friendship, commerce, and navigation S52 1852. April 30 Hanseatic EepubUcs Consuls 538 Jane 16 Prussia and other states Extradition 921 August 26 Netherlands Duties 763 1853. February 8 Great Britain Claims 445 February 23 France (Consuls 350 XV. President Pierce's Adminislration : March 4, 1853 to March 4, 1857. 4 JulylO Argentine Confederation Free navigation of rivers Parani andlTru- 16 ' guay. Jnly27 Argentine Confederation Friendship, commerce, and navigation 18 September 6 Bremen Extradition (accession) 118 September 12 Bayaria Extradition 47 October 13 Wiirtomberg Extradition (accession) 1145 November26 MecMenburg-Sohwerin Extradition (accession) 658 December2 Meoklenburg-Strelitz Extradition (accession) 060 December 30 Oldenburg Extradition (accession) 793 December 30 Mexico Boundary, road across Tehuantepeo..-. 694 1851 March 31 Japan Peace and amity; opening of ports of Si- 697 moda and Halcodade. Jiine5 Gr?at Britain Eeciprocity of trade and fisheries with Brit- 448 isli possessions in North America. June 7 Schaumbnrg-Lippe Extradition (accession) 983 July }1 lew Chew .Friendship and commerce 629 July 17 !.... Great Britain Claims. 1 453 July 22 Russia Rights of neutrals at sea 938 August 21 Brunswick and Luneburg Disposal of property 119 1855. January 13 Two Sicilies Rights of neutrals at sea 1107 January 18 Hanover Extradition .528 January 22 ......Netherlands American consuls in Datoh colonies 765 October 1 Two Sicilies Commerce, navigation, and extradition 1109 1214 LIST OF TREATIES AND CONVENTIONS. 'Page. 1856. May 29 Siam Amity and commerce 995 Julys Austria Extradition 29 July 22 Peru Biglitsof neutrals at 8oa 864 December 13 Persia Friendship and commerce 836 1857. January 30 Baden Extradition 41 XVI. President Buchanan's Administration : March 4, 1857 to March 4, 1861. April 11 Denmark Sound and Belt dues 238 June 17 Japan Commercial intercourse; coin and consuls. 599 July 4 Peru Privileges of wlialing ships 866 September 10 — New Granada Claims 210 1858. February 10 France - Extradition (additignal article) 354 May 13 Bolivia Friendship, commerce, audnavigWon 90 June 18 China Peace, amity, and commerce 159 July 17 Belgium Cpmmerce and navigation 56 July 29 .---' Japan Amity and commerce 601 Novembers China Begnlation of trade 169 Novembers Chii^a Claims: 178 November 10 Chili Arbitration of Macedonian claims 142 1859. January 14 Tenezuela Aves Island claims 1129 February 4 Paraguay Claim, United 'States and Paraguay Navi- 828 Ration Company. F6brnary4 Paraguay Friendship, commerce, and navigation 830 1860. March 21 Sweden and Norway ..Extradition 1066 July 2 Costa Bica Claims 227 August 27 Yeuezuela Commerce, navigation, and extradition 1130 XVII. President Lincoln's Administration : March 4, 1861 to April 15, 1865. 1861. July 11 , Denmark Deserters 240 November 6 Hanover Abolition of Stado or Brunshausen dues .. 630 December U Mexico' Extradition 698 1862. Februaay 25 Ottoman Empire Commerce and navigation 800 April7 G-reat Britain -•■ .Sappreseion of slave-trade 454 Ooiober 21 Liberia Commerce and navigation 631 November 25 Ecuador Claims ,'.. , 265 December 20 Peru Claims growing out of the capture of the 868 ' "lizzie Thompson" and "Grcorgianna." 1863. January 12 Peru Claims 870 February 17 Great Biitain Suppression of slave-trade 466 May 20 Belginm Import duties and capitalization of Scheldt 6U dues. July 1 Great Britain ...^ Claims of Hudson's Bay and-Puget Sound 467 -Agricultural Companies. July 20 Belginm Extinguishment of Scheldt dues 62 1C64. January 28 Japan Beduction of duties 610 February-10 .--..Colombia Claims ■. 213 July4 Honduras Friendship, commerce, and navigation — 566 August 22 International Amelioration of the condition of the wounded in the field and in the naval forces (accession) 1150 October 22 Japan Indemnity 611 Novembers . Hayti »... Commerce, navigation, and extradition 551 XVIII. President Johnson's Administration : April 15, 1865 to March 4, 1869. 1865. May31 Morocco Light-house at Cape Spartel 730 1866. April 26 Venezuela Claims 1144 June 25 Japan Duties 612 1867. Februarys .. Dominican Bepnblic Amity, commerce, navigation, extradition. 244 February 14 MadAgascar , Commerce and navigation 638 MarchSOl Eussia Cession of Bnssian possessions in North 939 America to the United States. June 21 Nicaragua Friendship, commerce, and navigation 779 December 17-31.. Siam Modification of the treaty of May29, 1856.. 1002 1868. January 27 Eussia.- Trade-marks 9*2 Februarys ...;.. Italy Consuls... 573 February 22 North German Union Naturalization - 790 March 23 Italy.... Extrailitlon '-.*• 578 May 26 Bavaria Naturalization *' July 4 Mexico Claims L ™ July 10 Mexico Naturalization , "5* July 19'. Baden Naturalization f> July27 Wiirtemberg Naturalization and extradition 1146 July 28 .., China. .J Amity, commerce, and navigation 170 August 1 Hesse, Grand Duchy of Naturalization 1 ™3 November 16 Belgium Naturalization "J December 4 Peru Claims '. "''' December 5 Belgium Consuls .'. ^^ December 20 Belginm Trade-marks - ''? 1869. January 21 Italy Consuls...; '..'. »"' January 21 Italy Extradition , 580 LIST OF TREATIES AND CONVENTIONS. 1215 XIX. President GvanVs Administration : March 4, 1869 to March 4, 1877. Page. 1869. April 16 France Trademarks 355 May 26 Sweden and Norway Naturalization j 1068 May26 Sweden and If oiway Naturalization. Explanatory article 1069 September 10 Great Britain Claims of tlie Hudson's Bay and Puget 469 Sound Agrioultoral Companies. Award. 1870. February 24 Great Britain Boundary j approval of the maps prepared 440 by tbe commissioners under Article 1 of the Treaty of June 15, 1846. May 13 Great Britain Naturalization 470 May23 San Salvador Extradition.... - 955 Junes ..Great Britain Slave-trade; mixed courts 472 June 25 Nicaragua Extradition 787, July 11 Austro-Hungary. Consuls 31 Septembers Peru „ Friendship, commerce, and navigation 876 September 12 Peru Extradition 888 SeptemberSO Austro-Hungary Naturalization 37 Beceraber6 San Salvador Amity, commerce, and consuls 957 1871. February 11-12 -.Spain Certain claims for wrongs in Cuba 1025 Febraary23 Great Britain denunciation of naturalization 476 February 2D Italy Commerce and navigation 581 Aprill9 . Mexico Claims. Extension of the duration of the 705 Claims Commission. May 8 Great Britain.. Claims, lisheries, navigation of the St. law- 478 reuce, &c., American lumber on the river St. John, boundary. November 25 Auatro.Hungary Trade-marks 39 December 11 German Empire Consuls and trade-marks 363 December 22 Orange Free State Friendship, commerce, and extradition 794 1872. May 6 Ecuador , Naturalization 267 Jnn628 Ecuador Extradition 269 July20 Denmark Naturalization 241 October 21 Great Britain Boundary Northwest water. Awardof the 494 Emperor of Germany. November27 Mexico .'. Claims. Further extension of the duration 706 of the Claims Commission. 1873. Januaryl8 Groat Britain Claims. Eelative to places for holding ses- 494 sions of the commissioners under the 12th article of the treaty of May 8, 1871. March 10 Great Britain Deflnitionof thoNorthwestBoundaryllne.. 495 June? Great Britain. Protocol respecting the time at which arti- 498 cles 18 to 25 and article 30 of the treaty of May 8, 1871, respecting fisheries shall take' efiEect. 1874. March 19 Belgium Extradition 73 , March28 i.Bussia ...Trade-marks 94.? May 28 Great Britain Protocol of conference respecting the time 499 when Articles 18 to 25 and Article 30 of Treaty of May 8, 1871, should go into effect with respect to Newfoundland. August 11 Ottoman Empire :..., Extradition 821 August 11 Ottoman Empire Eight of foreigners to hold real estate in 824 Turkey. ' November 20 Mexico Claims. Further extension of the duration 707 of the Claims Commission. 1875. January 30 Hawaiian Islands Commercial Eeoiprocity 546 March 8 Belgium Commerce, navigation, and Trade-marks .. 76 May 20 International Establishment of an International bureau 1157 of weights and ineasures. 1870. April 29 Mexico Claims. Extending the duration of the 709 functions of the Arbitrator. Septeniber 9 Hawaiian Islands Commercial Eeoiprocity Protocol respect- 549 ■ ing the time at which the convention of January 30, 1875, shall take effect. 1877. Januarys Spain Extradition .■ 1027 January 12 Spain Judicial procedure 1030 XX. President Hayes' Administration : March 4, 1877 to March 4, 1881. October 24 Great Britain Trade-marks 501 1878. January 17 Samoa Friendship and commerce 972 May 8 Italy Consuls > 588 May 23 Netherlands ...' Consuls , 769 July 25 Japan ..Commercial Treaties. Eevision of 621 September 24 Brazil Trade-marks 116 1880. January 15 France Claims 366 March 9 Belgium Consuls 80 May 17 Japan Shipwrecks 624 May 23 Netherlands Extradition 775 July 3 Morocco Protection of Moors in Morocco 737 November 17 China Immigration 182 November 17 China Commercial intercourse and Judicial pro- 184 oeduro. 1881. February 23 Spain Claims. Termination of the Commission 1032 under the agreement of February 12, 1871. February 24 Italy , Consuls, additional 593 1216 LIST OF TREATIES AND CONVENTIONS. XXI. President Garfield's Administration : March 4, 1881 to September 19, 1881. 1881. May 13 Madagascar 'Frientlahip and commerce 641 Juno 17 Eoumanla Consuls 925 XXII. President Arthur's Administration: September 19, 1881 to March 4, 1685. October 14 -J Serbia .Commerce and duties 084 October 14 Serbia Consuls 988 1882. May 22 Corea Amity, commerce, and narigation 216 June 1.-- Italy Trade-marks ^ ■- 5U5 June 13 Belgium; Extradition 85 June 19 .Spain Trade-marks 1030 July 19 Praiioe Claims 360 July 29 Mexico ^ Boundary 711 August? Spain Extradition.! 1037 May 6 and De- Spain Claims. . Extending tbo time for the termi- 1034 comber 14. nation of the commission under the agree- ment of February 12, 1871. 1883. January 20 Mexico Commercial reciprocity 714 Februarys France Claims -■ 361 March 20 International Protection of Industrial projierty. Acces* 1168 sion. October 20 Luxemburg r Extradition 634 1884. February 13 Spain Duties -"- 1039 March 14 International -... Protection of submarine cables 117C April 7 Belgium Trade-marks t 88 April22 Congo Kecognition of the flag of the International 214 Association. May 14 Siam Liquor traffic 1003 June 6 Kussia ..Admeasurement of vessels 943 June 11 Italy Extradition 695 November 12 Mexico Water Boundary 72 1 November 16 Egypt Commercial and customs regulations 272 December 6 Hawaiian Islands Commercial reciprocity. Coaling station on 1187 Pearl Eiver. 1885. F6bruary25 Mexico Commercial reciprocity. Extending the 722 time in ■which to pass the necessary laws to carry into operation the convention of January 20, 1883. , XXIII. President Cleveland's Administration : March 4, 1885 — Decembers Mexico Boundary. Extending the time iixed by thft 1189 convention of July 29, 1882, in which to resurvey and relocate the existing frontier line. 1880. February 20 Denmark Admeasurement of vessels 1186 April 29 Japan ..-Extradition i-.- 625 May 14 Mexico Commercial Eeciprocity. Further exten- 1190 sion of the time in which to pass the neces- sary laws to carry into operation the Con- vention of January 20, 1883. May21 , International Protection of submarine cables. Protocol 1183 respecting the execution of Article 211 of the Convention of March 14, 1384. July 3 Zanzibar Import duties and consuls 1209 October 2 Tonga Amity, commerce, and navigation 1205 October 27 Spain ' Discriminating Duties 1203 ' Deoemberl International Protection of submarine cables. Deolara- 1184 tion interpreting Articles II and IV of the Convention of March 14, 1884. 1887. July 7 International Protection of submarine cables. Protocol 1181 putting the Convention of March 14, 1864, into execution. August 31 Pern ' Friendship, commerce, and navigation 1191 September 21 Spain Discriminating Duties. '■ 1204 jm^'f^' NOTES UPON THE FOREIGN TREATIES or THE UNITED STATES; SOME REFERENCES TO NEGOTIATIONS PRECEDING THEM; TO THE EXECUTIVE, LEGISLATIVE, OR JUDICIAL CONSTRUCTION OF THEM; AND TO THE CAUSES OF THE ABROGATION OF SOME OF THEM. 3769 TK 77 1217 The official publications respecting Foreign Relations are the following : 1. The Diplomatic 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 Washington 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 Eelations." These volumes are referred to as the Folio Edition of the Foreign Eelations, and are cited thus: " F. E. F." — 4. No collection of papers was made between 1828 and 1861. The references during this period are therefore made to the Congressional classifica- tion of the documents', thus: Senate Executive Document, Ist Session 30th Congress, "S.E. Doc, 1st Sess. 30th Cong.," &o.; House Eeports, "H.E.;" House Miscellaneous, "H. M.,"&c. — 5. The correspondence which accompanied President Lincoln's and President Johnson's Annual Messages is contained in seventeen volumes, and is re- ferred to thus: " D. C. 1866, part 1," (Diplomatic Correspondence, 1866, part 1.)— 6. In 1869 no papers accompanied the President's Message. Since 1869 the papers with the Annual Message have been styled (as before 1861) "Foreign Eelations," and are so referred to— (as F.E., 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 statutes of the United States, as revised and enacted pursuant to the act of June 20, 1874, are styled "Eev. Stat. U. S." The Revised Statutes relating to the District of Columbia, post-roads, public treaties, are referred to as " E. S. Pub. Tr." The Annals of Congress extend to the 2d session, 18th Congress, and are cited thus: "Annals Ist 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, Ist 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 Eelations for 1872. In all cases where there is more than one volume iu 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 Eelations, page 250. J. 5. H. Januakt, 1889. ~ 1S18 ISrOTES. INTRODTJCTOBY NOTE.' The purpose of these Notes is expressed in their title. They will aim to make such references to the negotiations which preceded the politi- cal treaties of the United States, as may be necessary to a comprehen- sion 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 may 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 publications. 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 a])pointed 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 Vergennes, and to ascertain, if possible, " whether, if the colonies should be forced to form themselves into an independent State, Prance would * * enter into any treaty or alliance with them for commerce or defence, or both." These instruc- tions were signed by Dr. Franklin, Benjamin Harrison, John Dickinson, Eobert Morris, and John 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 acquaintance, all friends to the Americans ; by conversing with them you will have a good op- portunity of acquiring Parisian French.'" 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^oposed to foreign nations, with the amendments agreed to by the Committee of the Whole j"* and there- upon adopted a plan of treaty to be proposed to His Most Christian Majesty the French King, which will be found in the Secret Journal.^ ' Th.« Notes of J. C. Bancroft Davis have been retained in this publication and the additional notes have been placed in brackets in order to distinguish thenj, 'D. C. 1776-'S3,5. 3 lb. "SSecret Journals, of Congress, 6. 5ib.,7-25. 1219 1220 NOTES INTRODUCTORY NOTE. 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.' 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 Oommissioners who were originally selected by the Continental Congress to conclude Treaties with the European Powers, were Dr. Franklin, Silas Deane, and Thomas Jefferson.^ Jefferson having de- clined, Arthur Lee was elected in his place.' 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 Prus- sia, in 1785; of a Treaty of Peace and Friendship with Morocco, in 1787; and of a Consular 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 diflBcult to recognize, in these provisions, the impress of the states- manlike intelligence and humane and elevated characters of the mem- bers of the Continental Congress, and of the American Plenipotentiaries 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 territories of the other to close their business and remove their properties ; * or that, should differences arise, resort should not be had to force until a friendly application should be made for an arrangement.* 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 f 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. ' See Art. 6, concerning the Treatment of Pirates ; 14,' respecting tlie 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 asyluaa for wrecked vessels and persons ; 23, Respecting the protection of citizens of each in f&| territory 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 neutrals to trade with the enemy, and the right of neutral vessels to carry enemy's goods ; 27, defining contraband of war ; 28, 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. ^ 2 Secret Journals of Congress, 31. ^ lb., 35. •> France, 1778, Art. 20; Netherlands, 1782, Art. 18 ; Sweden, 1783, Art. 22 ; Prussia, 1785, Art. 23. . ^ Morocco, 1787, Art. 24. « France, 1778, Art. 31 ; Netherlands, 1782, Art. 19 ; Sweden, 1783, Art. 23 ; Prussia, 1785, Art. 20. NOTES — INTRODUCTORY NOTE. 1221 The rights of neutrals to maintain and carry on their commerce and trade on the high seas during time of war were fully recognized.^ For this purpose articles which were to be held to be contraband of war were expressly defined and limited f and in the Treaty of 1785 with Prussia, which bears the signatures of John Adams, Dr. Franklin, and Jeffer- son, it was even agreed that no articles should be deemed contraband, so as to induce confiscation, or condemnation, and a loss of property to individuals.' It was further agreed that Free ships should make free goods ;* 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.^ Precise rules were laid down to be observed in the visit of neutral vessels on the high seas,^ and humane regulations were made respecting vessels on which articles contraband of war should be discovered. ' " To prevent the destruction of prisoners of war by sending them into distant and inclement countries or by crowding them into close and nox- ious places," regulations were made for their treatment ;= and it was agreed that women aud 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.^ 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 ;'° 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." 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.^^ They allowed aliens to hold personal property aud 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.'' They allowed aliens, without obtaining letters of naturalization, to inherit real estate and things immovable in every State,'* but in such case the '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. '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. ' France, 1778, Art. 13 ; Netherlands, 1782, Art. 11; Sweden, 1783, Art. 13; Prussia, 1785, Art. 13. 'Prussia, 1785, Art. 24. ^Ib., ,Art. 23. 10 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. 4. ^^ France, 1778, Art. 11. "France, 1778, Art. 11; Netherlands, 1782, Art. 6; Sweden, 1783, Art. 6; Prussia, 1785, Art. 10. » France, 1778, Art. 11 ; Netherlands, 1782, Art. 6 ; Sweden, 1783, Art. 6 ; Prussia, 1785, Art. 10. •1222 NOTES — INTRODUCTOKY NOTE. Prussian alien was required to sell the real estate and withdraw the proceeds, which he was to be permitted to do without molestation ;^ and in case of withdrawal no droit de detraction was to be exacted.^ The right to aliens to frequent the coasts and countries of eacli 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;^ 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.* 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.' The Consular Convention concluded with Prance by Jefferson main- tained a yet wider supremacy for the national authority. It authorized French Consuls to administer, in certain cg^ses, 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 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.^ The same statesmen contemplated at one time a postal convention between France and the United States. A scheme was submitted by the French Minister ;'' after considering which Jay submitted a counter proposal.^ But nothing further appears to have been done. Had the scheme been carried out it would have anticipated by half a century the modern international postal conventions 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 conven- tions entered into by the United States since the adoption of the Con- stitution. 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 Foreign Power under the new form of government, recognized the right of the United States, which had been inserted 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.^ It aimed to establish, as far as the British monopoly of that day would permit, reciprocity in trade on the American continent ; 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." 1° It made reciprocal provisions for the equalization of iifiport and export duties. '^ It provided a mode for settling by arbitration differences which had arisen between the two powers;'^ 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 government, should ever be destroyed or im- lArt. 10. 3 France, 1778, Art. 11 ; SwedeTi. 1783, Art. 6 ; Prassia, 1785, Art. 10. ^ Prus- sia, 1785, Art. 2. "France, 1778, Art. 3; Netherlands, 1782, Art. '2; Sweden, 1783, Art. 3; Prussia, 1785 Art. 2. « Netherlands, 1782, Art. 4: Sweden, 1783, Art. 5; Prnsaia, 1785, Art. 11. « France, 1788, Art's 5, 8, 9, and 12. '1 D. C. 1783-'89, 185. » lb., 201. 9Great Britain 1794, Art. 9. "Art. 3. "Art. 15. '^Art. 7. NOTES-^INTRODUCTORT NOTE. 1223 paired by national authority on accouiit 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.' 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.^ 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 ; ^ and it made provisions to a limited extent, for the extradition of persons charged with the commission of crimes.* The Treaty of 1795, concluded with Spain during the same adminis- tration, provided that the vessels or etlects 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 other, within its jurisdiction, were to be made and prosiecuted under the ordinary forms of law, atidthat 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 exa;minations and trials,' 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 Prance 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 Prance, together with the conclusion of the Treaty of 1794 with England, had aflected the relations of the two countries to such a degree that, in 1798, Congress had, bylaw, assumed to exonerate the nation from further ob- ligation to observe the Treaties with Prance ; and the Attorney-General had given an official opinion that there was a state of war.^ 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 CTnited 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.'" The subject of the Slave-Trade first appears in the Treaty of Peace with Great Britain, concluded in 1814, at G-hent, 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."' John Quincy Adams, James A, Bayard, Henry Clay, Jonathan Eussell, and Albert Gallatin subscribed this declaration on the part of the United States. 'Art. 10. 'Art. 18. ^ Art. 22. * Art. 27. ^Art. 7. H Op. At.-Gen., 701, Wirt, 'Arts, '"Art. 10. 1224 NOTES — ^INTRODUCTORY NOTE. At the close of the wars of Napoleon, the Treaty of 1795 with Spain alone, of all of the commercial Treaties, survived. President Madison contemplated using the opportunity to mould all the Treaties of this nat- ure 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."^ 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 D nited States of any articles the growth, produce, or manufacture of a foreign Power, whether 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.^ 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 provisions already noted, an agreemenfwhich has since been incorpo- rated into many other Treaties, that infractions of the Treaty by citizens of either party should not interrupt the harmony and good correspond- ence 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 important Convention was concluded in 1818, in London, by Mr. Gallatin and Mr. Eush,for the purpose, among other things, of settling the disputes which had arisen after the Treaty of Ghent, respecting thefisheries. 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- ions in America not included in the above-mentioned limits," that is, the limits described in the Treaty.' We have the authority of Ensh for the assertion that this renunciation was inserted by the American Plenipo- tentiaries. "The British Plenipotentiaries," he says, "did not desire it."* 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 1 Monroe to Changuion, April 12, 1815. MS. Dept. of State. ^Ait. % ^Art. 1. ■'S. NOTES— INTIiODUCTOEY NOTE. ' 1225 imported into the United States in thdr own vessels might also be im- ported in vessels of the other power.' These Treaties were subscribed by Henry Clay, 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 and crews of such vessels, and concerning deserters, which had been conferred upon Consuls by Jef- ferson's Convention with Prance in 1788.^ These important provisions were now inserted in the Treaties of Commerce, and contihued to be so until the revival of the practice of concluding exclusively Consular Con- ventions, 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 nearly forty years, it was not doubted that the citizens of the United States within the dominions of the Porte enjoyed certain rights of exterritoriality.' 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 iirst time established between the United States and the Em- peror of China.* 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."^ "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." ^ The same administration also brought to a close the long-pending disputes about the Northeastern Boundary,' 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.^ Henry Wheaton, the represent- ative of the United States at Berlin, signed, during this administration Treaties with Hesse, Wiirttemberg, 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,^ 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.'" He also caused the United States to enter into a Treaty with New Granada, 'Central America, 1825, Art. 4; Denmark, 1826, Art. 3; Hanseatio Republics, 1827, Art. I; Prussia, 1828, Art. 3. 2 Prussia, 1828, Art's 10 and 11. = Ottoman Porte, 1830, Art. 4. "China, 1844. ^ Art. 21. « Art. 25. ' Great Britain, 1842. « New Granada, 1844. 9 Mexico, 1848. '» Great Britain, 1846. 1226 NOTES — INTRODUCTORY NOTE. whereby tliey agtee to " guarantee positively and efficaciously to New Granada » * * the perfect neutrality of the before-mentioned Isthmus" (Panama) * * * and " the rights of sovereignty and property which Few Granada has and possesses over the said territory,"^ the first international obligation of this nature incurred since 1778. During President Taylor's short administration several Treaties of commerce were entered iiito 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 Clayton-Bulwer Treaty) in which theTJnlted 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 Eica, the Mosquito Coast, or any part of Central America.^ An engagement of this nature was a new one in the history of the United Statps, 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 the basis of all subsequent conventions of that nature.- Its defects are noticed hereafter. It bore the signature of Edward Everett, then Secretary of State. 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,* the Two Sicilies,* and Peru,^ respecting the rights of neutrals at sea. Treaties of Commerce, Consular Conventions, and Extradition Treaties were negotiated and concluded with various powers under the direction of Wm. L. Maroy, as Secretary of State ; a Treaty was concluded for reciprocal trade with Canada, and for the en- joyment of the Canadian Fisheries;" diplomatic intercourse was opened with Japan;' and Arizona was acquired by Treaty with Mexico.' President Buchanan released the commerce of the United States from the Danish dues at the Sound and Belts," made wider and broader the friendly relations with Japan," 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 during 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,i* the navigation of the Dardanelles and of the Bosphorus was regu- lated," and the Scheldt dues were extinguished." 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 ter- ritories of the United States.'* Several Treaties were made securing the recognition of the right of expatriation and naturalization,'^ and 1 New Granada, 1846, Art. 35. 2 Great Britain, 1850, Art. 1. ' France, 1853. ■• 1854. n855. 61856. 'Great Britain, 18.54. » Japan, 1854. 9 Mexico, 1853. '» Denmark, 1857. "Japan, 1857. 1= Hanover, 1861. " Ottoman Porte, 1862. " Belgium, 1863. "Great Britain, 1862. lajsTorth Germany, 1868; Bavaria, 1868; Mexico, 1868; Wiirttemberg, 1868; Hesse, 1868. NOTES INTEODUCTOEY NOTE. 1227 the protection of Trade-Marks was also made the subject of a Treaty.^ The relations with China, too, were essentially modified.^ During the administration of President Grant the Department of State, under the direction of Hamilton Fish, carried out the previous 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 Treatj' 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, Eobert C. Schenck, E. E. Hoar, and Greorge H. Will- iams, as High Commissioners on the part of the United States, and by Earl de Grey and Ripon, 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 success, in the midst of great difiQculties, 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 Etats-Unis sont dans une autre situation. * * Lorsqu'onviole a leur^gard les regies de la neutrality, ils ne font pas la guerre; * " * Faire rendre justice k leurs citoyens est done un de leurs premiers devoirs; et, en cela, ils sont plus k imiter qu'a blS,mer. De sorte que, sans 6clater en hostilit^s, ils se plaignent, pro- duisent patiemment leurs reclamations ; et quand le jour arrive oil I'on a hesoin de leur bienveillance, oti leur amiti6 pourrait 6tre k rechercher, ils profitent de I'occasion, et font solder les cr6ances privies, dont on con- testait ou retardait paiement." ^ 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.^ [While, however, treaties are a part of the supreme law of the land, they are nevertheless to, be viewed in two lights, — that is to say, in the light of politics .and in the light of juridical law. The decision of polit- ical questions is preeminently the function of the political branch of ' Russia, 1868. ^ Cbina, 1868. ^S. E. Doo. 161, 1st sess., 24tli Cong., 10. "The oaso Ja different with the United States. * * When the laws of neutrality are violated withrespeot tothem they do not go to war. * * To cause justice to be rendered to their citizens is then one of their first duties, and in that they are more to be imitated than blamed. So that without beginning hostilities they protest, quietly present their claims, and, when the time arrives wheu 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." *6 Op. At.-Gen., 293, Cush- JDg, and the cases cited by him ; United States v. The Schooner Peggy, 1 Cranch, 103 ; Ware v. Hylton, 3 Dallas, 199 : Gordon's Lessee v. Kerr, 1 Wash. C. C. E. , 322 ; Lessee of Fisher v. Harnden, 1 Paine, C. C. E., 55 ; 8 Op. At.-Gen., 417, Gushing. [13 Op. At.- Gen., 354, Akerman.] 1228 NOTES INTRODUCTORY NOTE. the government, of the Executive or of Congress, as the case may be ; and when a political question is so determined, the courts follow that determination. Such was the decision of the Supreme Court in cases involving boundary and other questions, under the treaty of 1803 with Prance, of 1819 with Spain, and of 1848 with Mexico.^] II. A Treaty is binding on the contracting parties, unless otherwise' provided, from the day of its date.^ 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 principal 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.^ 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 cannot become operative as to the particular engagements until all the requisite legislation has taken place.* 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.* V. But when it can be executed without legislation, the courts will enforce its provisions.^ 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.''' VII. Treaties do not generally ipso facto become extinguished by war. Vested rights of property will not become divested in such case." VIIL 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.' IX. Such acquisition does not impair the rights of private property in the territory acquired." 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." 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.i^ f Doe et al. v. Braden, 16 Howard, 635 ; Foster v. Neilson, 2 Peters, 314 ; The Amiable Isabella, 6 Wheaton, 1 ; Grisar v. McDowell, 6 Wallace, 363 ; U. S. v. Yorba, 1 Id., 412 ; U. S. V. Pico, 23 How., 326 ; U. S. v. Lynde, 11 Wallace, 632 ; Meade v. U. S., 9 Id., 691 ; U. S. T. Reynes, 9 Howard, 127; Davis v. The Parish of Concordia, Id., 280; 5 Op. At.-Gen., 67, Toucey.] i'Davis v. The Parish of Concordia, 9 Howard, 280 ; Lessee of Hylton u. Brown, 1 Wash. C. C. R., 343. = Haver ij. Yaker,, 9 Wallace, 32; The United States V. Arredondo, 6 Peters, 691. ^6 Op. At.-Gen., 750, Gushing. « lb., 296, Gush- ing, and cases cited, e Foster et al. v. Neilson, 2 Peters, 314 ; United States v. Arre- dondo, 6 Peters. 735. ' United States v. Arredondo et al., 6 Peters, 710. « Society for the Propagation of the Gospel v. The Town of New Haven, 8 Wheaton, 464 ; Carneal V. Banks, 10 Wheaton, 182. ^SAmerican Insurance Company v. 366 Bales of Cotton, 1 Peters, 542. i" United States v. Morano, 1 Wallace, 400. " United States v. Arredondo et al., 6 Peters, 710; '^gouiard v. The United States, 4 Peters, 511 ; Delanus v. The United States, 9 Peters, 117; Mitchell v. The United States, lb., 711; Smith v. The United States, 10 Peters, 326. [U. S. v. Perchemou, 7 Peters, 86; Id. v. Kingsley, 12 Id., 476; Id. D. Augnisola, 1 Wallace 352. Under the term "property" in this connection may be placed every species of title, legal or equitable, and rights which lie in contract, executory as well as executed. Bryan v. Kennett, 113 U. s., 179. It has been held that upon a conquest of territory, those of the inhabitants who adhere to their old allegiance and continue in the service of the vanquished sovereign, forfeit the right to be protected in their property, except so far as it may be secured by treaty . U. S, V. Kepentigny, 5 Wallace, 311.1 NOTES — INTEODUCTOEY NOTE. 1229 XI. Iq 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.'" ^ XII. Interest, according to the usage of nations, is a necessary part of a just national indemnification.^ ' The Treaty Power under the Constitution has also been the subject of legislative discussion in Congress. 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 House, however, adopted the resolution, 61 ayes, 38 noes.' 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. * * * * -^^> therefore, it is perfectly clear to my understanding that the^ssent 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 Coqstitution and to the duty of my office, under all the circumstances of mis case, forbid a compliance with your request." ^ 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 appliq,ation."^ 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.^ 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^ 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 '5 Op. At.-Gen., 345, Crittenden. But see opinions by Justice Chase, 3 Dallas, 236, and by Marshall, C. J., 1 Cranoh, 109, each pronouncing the opinions of the Supreme Court. ^ i Op. At.-Gen., 28, Wirt ; 5 Op. At.-Gen., 350, Crittenden ; Geneva, Award, 4 Pap. rel. Tr. W., 53. 'Annals Ist Sess, 4th Cong., 759. ■'lb., 761-2. ^Ib., 771-2. »Ib., 940. 'Annals 1st Sess. 8th Congress. 1230 NOTES — INTEODUCTOKY NOTE. 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.^ The House, on its part, passed an act, in several sections, enacting seriatim the provisions 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 afllrming that legislation was necessary to carry it into effect. A committee of conference, of which Eufus King was Chairman of the managers on 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.^ 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.' 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 on 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 power|."* 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,* 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." ^ A parallel discussion' 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 Aff'airs," and took the oath of office on the 20th of October, 1781.^ Livingston resigned in June 1783, and Elias Boudinot, the President of Congress, acted officially as Secretary in the interim.^ General Thomas Mifflin was chosen President of Congress on the 3d of November, 1783, at the beginning of a new Congress, and as such 1 Annals 1st Sess. 14th Cong., 36. ^ 3 St. at L., 255. » Globe, 2cl Sess. 28th Cong., 3. * Calhoun to Wheaton, June 28, 1844, MS. Dept. of State. See Lawrence's note 41 on Wheaton, page 103, Lawrence Wheaton; ^ i, g, 3, 4, and 5 Globe, 2d Sess. 40th Cong. 6 15 St. at L., 198. 'S. E. Doc. 161, Ist Sess. 24th Cong, s Livingston to Franklm, 2 D. C 1776-'83, 173. "Boudinot to Ministers at Paris, 1 D. C, 1783-'89, 3. NOTES — INTRODUCTOKY NOTE. 1231 succeeded to Boudinot as adinterim Secretary. John Jay was elected Secretary on the 7th of May, 1784 ;i 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.^ 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 DepaBtment of State, and the principal ofiQcer therein shall be called the Secretary of State.^ Jef- ferson was appointed Secretary of State on the 26th day of September, 1789,^ but did not enter upon the duties of his office until the 21st March, 1790.° Jay, notwithstanding the fact that he had been selected to be Chief Justice, an appointment which he received September 26, 1789, continued to fill the office of Secretary until Jefferson entered upon its duties, although never commissioned as such under the new government.^ The following is a complete list of the Secretaries of State since the adoption of the Constitution, with their respective terms of office : Secret AKiES op- State — 1789 to 1889. Secretaries of State. Presidents. 1789, Sept. 26. Thomas Jefferson, ofVirginia... George Washington. 1794, Jan. 2. Edmnnd Randolph, .of Virginia do. 1795, Deo. 10. Timothy Pickering, of PennsylTania i j^^ 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 Virgin ia do. 1817, Mar. 5. John Q uincy Adams, of Massachusetts James Monroe. 1825, Mar. 7. Henry Clay, of Kentucky John Quinoy Adams. 1829, Mar. 6. Martin Van Buren, of New York Andrew Jackson. 1831, May 24. Edward Livingston, of Louisiana do. 1833, May 29. Louis McLane, of Delaware Andrew Jackson. 1834, June 27. John Forsyth, of Georgia .' I Martin Van Buren. 1841, Mar. 5. Daniel Webster, of Massachusetts | John T^l^r.^^™^""* 1843, May 24. Hugh S. Legar6, of South Carolina ...John Tyler. 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 j ^^^^raulZi 1850, July 22. Daniel Webster, of Massachusetts do. 1852, Nov. 6. Edward Everett, of Massachusetts do. 1853, Mar. 7. William L. Marcy, of New York Franklin Pierce. ' 9 Journals of Congress, 205, original edition, and 4 Way & Gideon edition, 1823, 400. i"! St. at L., 28. 3ib.,68. "Register of the Department of State, 1874. » Jef- ferson to Randolph, March 28, 1790; 3 Jefferson's Works, 128. « 1 Life of John Jay, by William Jay, 274j 10 Writings of Washington, 11 note. 1232 NOTES ABROGATED OR OBSOLETE TREATIES. 1857, Mar. 1860, Deo. 1861, Mar. 1869, 1869, 1873, 1877, 1681, 1881, 1885, Mar. Mar. Mar. Mar. Mar. Dec. Mar. Secretaries of State. Presidents. 6. Lewis Cass, of Michigan James Buchanan. 17. Jeremiah S. Black, of Pennsylvania do. 5. WilliamH. Seward, of New York { Abraham Lincoln. < ' \ Andrew Johnson. 5. ElihuB. Washbume, of Illinois U. S. Grant.. 11. Hamilton Fish, of New York do. 17. do. do. do. 12. William M. Evarts, do. Rutherford B. Hayes. 5. James G. Blaine, of Maine James A. Garfield. 12. Frederick T. Frelinghuysen, of New Jersey. ..Chester A. Arthur. 7. Thomas F. Bayard, of Delaware ' Grover Cleveland. ABROGATED, SUSPENDED, OR OBSOLETE TREATIES. [The following is a list, arranged for convenience of reference in alpha- betical order, of the treaties and conventions that have become partially or completely abrogated, suspended, obsolete, or amended. Those treat- ies or conventions, however, that from their nature have manifestly served the purpose for which they were concluded, such as those relat- ing to claims, cession of territory, &c., are not included in this list. The Eoman numerals in parentheses following the year indicate the par- agraph under this heading : Algiers 1795 (IV.), 1815 (IV.), 1816 (IV.). Belgium 1845 (III.), 1858 (IIL), 1868 Con- suls (III.), 1868 Trade marks (III.), 1874 (VI.). Brazil 1828 (III.). Central America 1825 (IL). Chili 1832 (III.), 1833 (III.). China 1844 (VL). Colombia 1824 (II.). France 1778 Alliance (I.), 1778 Amity and Commerce (I.), 1778 Act Separate and Secret (L), 1788 (I.), 1800 (IL). Great Britain 1782 (VII.), 1783 (VII.), 1794 (IL and VIL), 1796 (VII.), 1798 (VII.), 1802 (VII.). 1827 (VI. ), 1854 (IIL), 1862 (VL), 1871 (IIL). Guatemala 1849 (III.).. Hanover 1840 (IV.), 1846 (IV.), 1855 (IV.), 1861 (IV.). Italy 1868 (IIL), 1868 (VL), 1878 (VI.). Japan 1854 (VI. ), 1857 (VL), 1858 (VI. ), • 1864 (VL). Madagascar 1867 (VI.^. Mexico 1828 (VI. ), 1831 Commerce and Navigation (IIL, VL, and VIL), 1835 (VI. ), 1848 (VI. ), 1868 (IIL), 1883, 1885, Mexico — Continue^, and 1886 Commercial Reciprocity (VIIL), 1882 (IL), 1885 (IL). Morocco 1787 (II. , IV.). Nassaa 1846 (IV.). Netherlands 1782 (IV.), 1839 (VL), 1855 (VL). . Ottoman Porte 1862 (III. See also Notes : "Ottoman Porte"). Peru-Bolivia 1836 (V.). Peru 1851 (IIL), 1857 (IIL), 1870 Friend- ship, Commerce, and Navigation (IIL), ] 870 Extradition (IIL). Prussia 1885 (II. ), 1799 (II. ). Russia 1824 (VI. ). Salvador 1850 (VL). Sardinia 1838 (VL). Siam 1833 (VI. ), 1856 (VL). Spain 1795 (VI. ), 1802 (VL), 1877 (VL). Sweden 1783 (II. ). Sweden and Norway 1816 (II. ). TripoU 1796 (VI. and VIL). Tunis 1797 (VI. ). Two Sicilies 1845 (VL), 1855 (VL)., Venezuela 1836 (IIL), 1860 (III.).] 1. Treaties abrogated 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, i788. The circum- stances which led to the Act of Congress of July 7, 1798, annulling these Treaties are stated under the title " France." This act of Congress was the subject of some discussion between the Plenipotentiaries who ne- NOTES — ABROGATED OR OBSOLETE TREATIES. 1233 gotiated the Convention of 1800.^ The latter convention contained orig- inally a statement that the Plenipotentiaries could not agree respecting these Treaties, and that the Parties should negotiate further upon the subject. The Senate, in consenting to the ratification, expunged that Article. 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." ^ 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 am^ricain k iusister sur le retranchement d'un article que ui I'engageait k rien, parait' avoir 6t6 de ne laisser aucun doute sur la ferme resolution ou il 6tait de ne jamais consentir au renouvellement des trait^s de 1778; et si la reconnaissance, d6j^ rare parmi lesparticuliers, n'est pas un devoir des gouvernements, le presi- dent des Etats-TJnis pouvait se croire autoris^ k saisir une occasion de se soustraire k une obligation qui 6tait au-dessus de ses forces, puisque la r6publique manquait de flottes pour proteger les possessions fran- 9aises dans le golfe du Mexique. Parcette raison, la pr6tendue garantie stipul6e par le traits de 1778, 6tait devenue tout-^-fait illusoire pour la France. Aussi le premier consul ne fit-il pas beaucoup de difiicuUe d'admettre cette ratification modifi^e, quoique peu usit6e dans la diplo- matic moderne. II ajouta seulement k son acceptation cette phrase : ' bien entendu que, par ce retranchement, les deux 6tats renoncent aux pretentions respectives qui sont I'objet du dit article,' annongant ainsi qu'on n'accueillirait dor6navant aucune reclamation des Americains pour indemnity due k raison de b^timents iliegalement enlev^s par les corsaires frangais." ' II. Treaties that have expired by their own limitation: [Central America. Treaty of 1825 terminated August 2, 1838 ; Colombia. Treaty of 1824, terminated October 3, 1836; France. Treaty of 1800, terminated July 31, 1809 ; Creat Britain. Articles XI to XXYIII, inclusive of the Treaty of 1794. and the additional article terminated October 28, 1807 ; Mexico. Convention of July 29, 1882, and the additional article of December 5, 1885 ; Morocco. Treaty of 1787, terminated January, 1837; Prussia. Treaty of 1785, terminated October, 1796 (but the tw^elfth article is revived by the Treaty of 1828;) Prussia. Treaty of 1799, terminated June 22, 1810 (but Articles XIII to XXIV, inclusive, with the exception of the last clause in the XIX article relating to treaties with Great Britain, are revived by the Treaty of 1828); Sweden. Treaty of 1783, together with the Separate Articles, terminated 1798 (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 '2F. R. F., 295-345. ^e i\ R. F., 145 ^6 Garden, trait^s jle paix, 131. "The motive whioli induced the American Government to insist upon the withdrawal. of an article which committed it to nothing appears to have been, to leave no doubt re- specting its firm determination never to consent to a renewal of the Treaties of 1778 ; and if gratitude, rare among individuals, is not a duty of governments, the Presi- dent might think himself authorized to seize the opportunity tg release himself from an obligation which was beyond his power to fulfill, 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, did not hesitate to accept this modified ratifica- tion, though quite unusual in modern diplomacy. He only added to his acceptance this phrase: "Provided that by this amendment the two States renounce the respective pretensions which are the object of the said article," thus giving notice that thence- forth he would consider no reclamation from the Americans for indemnities due in oonseqaence of illegal seizures of vessels by French privateers." '^7CQ niT> Td 1234 NOTES ABROGATED OE OBSOLETE TEEATIES. Articles 1, 2, 4, and 5 of the Separate Articles were revived by the Treaty of 1816 and were again revived by the Treaty of 1827 with- Sweden and Korway :) Sweden and Norway, 1816, terminated Septem- ber 25, 1826. J III. Treaties terminated in consequence of notice given in accordance with the provisions of the Treaty: [Belgium. Treaty of 1845, terminated August 20, 1858; Belgium. Treaty of 1858, terminated July 1,1875; Belgium. Treaties of 1868, relating to Consuls and Trade Marks, ter- minated January 1, 1880; Brazil. Treaty of 1828, terminated Decem- ber 12, 1841; Chili. Treatyofl832, terminated January 20, 1850; Chili. Treaty of 1833, terminated January 20, 1850 ; Great Britain. Treaty of 1854, terminated March 17, 1866 ; Great Britain. Articles 18, 19, 20, 21, 22, 23, 24, 25, 30, and 32 of the Treaty of May 8, 1871, terminated July 1, 1885 ; Guatemala. Treaty of 1849, terminated Ijfovember 4, 1874; Italy. Consular treaty of 1868, terminated September 17, 1878; Mexico. Treaty of amity, commerce and navigation of April 5, 1831, and the Additional Article thereto. The operation of this Treaty was suspended by war between the parties in 1846-1847, but was revived with some exceptions by Article 17 of the Treaty of February 2, 1848. Article 33 was abrogated by the 2d Article of the Treaty of December 30, 1853, and the entire Treaty was flnallj' terminated November 30, 1881,by virtue of notice given by Mexico; Mexico. Naturalization treaty of July 10, 1868, terminated February 11, 1882; Ottoman Porte, Com- merce and Navigation of February 25; 1862. See Notes: "Ottomarf Porte;" Peru. Treaties of 1851 and of 1857, terminated December 9, 1863 ; Peru. Treaty of Friendship, Commerce, and Navigation of Sep- tember 6, 1870, and of Extradition of September 12, 1870, were termi- nated March 31^ 1866 ; Venezuela. Treaty of 1836, terminated January 3, 1851 ; Venezuela. Treaty of 1860, terminated October 22, 1870.] IV. Treaties with Powers that have been absorbed into other nationali- ties ; [Algiers. Treaties of 1795, 1815, and 1816, French jurisdiction was extended by conquest in 1830 over Algiers, and Consuls are acting there under French exequaturs; Hanover. Treaties of 1840,1846,1855, and 1861. All the treaties with Hanover are regarded as having terminated in consequence of its conquest and incorporation into the Kingdom of Prussia in 1866 ; Nassau, 1846. Prussian jurisdiction was extended over Nassau by conquest in 1866. The establishment of the German Empire in 1871, and the complex relations of its component parts to each other and to the Empire, neces- sarily give rise to questions as to the treaties entered into with the North German Confederation and with many of the states composing the Empire. It can not be said that any fixed rules have been estab- lished. Where a state has lost its separate existence, as in the case of Han- over and Nassau, no question can arise. Where no new tteaty has been negotiated with the Empire, the trea- ties with the various states which have preserved a separate existence have been resorted to. The question of the existence of the extradition treaty with Bavaria was presented to thfe United States district court, on the application of a person accused of a forgery committed in Bavaria, to be discharged on habeas corpus, who was in custody after the issue of a mandate, at the request of the minister of Germany. The court held that the treaty was admitted by both Governments to be in existence .' Such a ques- tion is, after all, purely a political one. "^^ [' In re Thomas, Vi Blatohf., 370.] ' NOTES — ABROGATED OR OBSOLETE TREATIES. J 235 In 1871 a consular convention was concluded with the German Em- pire, but even since this date, in some oases, exequaturs of consuls of the United States have been granted by the ruler of a particular state within which the consul is to act. The German Minister, after the establishment of the Empire, in a note' dated October 19, 1871, forwarded to the Secretary of State a list of the consuls appointed on behalf of the German Empire, and requested the issue of exequaturs. These appointees were, in most cases, consuls holding appointments at the time from the North German Union or from some of the States of the Empire. Tnis note also informed the Secretary of State of the abolition of the consulates of the North Ger- man Union. All consuls representing Germany who are now enumerated in the Register of the Department of State are accredited by the Empire. Similar questions have also been raised as to consuls representing the Papal States since the occupation of Rome by the Government of Italy.] Netherlands, 1782. A war between the United Provinces and Prance broke out in 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 Ne therlands, 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 Ohanguion 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." ' Monroe answered: " Mr. Changuion having intimated, by order of his government, tliat the Treaty of 1782 was to be considered, in conse- quence of the events which have occurred in Holland, as no longer in 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."* 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."* The ne- gotiations failed for reasons stated in the President's Message to Con- gress.^ The United Statesi subsequently attempted to maintain that the Treaty was not abrogated, but the claim was resisted, and a long correspondence ensued.' 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."^ The United States acquiesced in this statement. In a re. ['MS. Dept of state.] ^ Changuion to Monroe, February 24, 1815, MS. Dept. of State. 3 Ten Cate to Monroe, April 4, 1816, MS. Dept. of State. ■• Monroe to Ten Cate, August 17, 1816, MS. Dept. of State. ^Teu Cate to Monroe, Sept. 16, 1816, MS. Dept. of State. 6 4 j?_ j{_ pi_^ i72_ 75 P. R. F., 598-639. » Baron de Nagell to Alexander H. Everett, 14th June, 1819. ' lb., 608. 1236 NOTES ABEOGATED OK OBSOLETE TREATIES. cemt correspondence the United States have informed the Minister of Holland that " The Treaty of 1782 is no longer binding on the parties.'" 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 thuir stipulations are in their terms per- petual, expire in case either of the contracting parties loses its existence as an independeut State, or in case its internal constitution is so changed as to render the Treaty inapplicable to the new condition of things."^ V. Treaties that have expired in consequence of the dissolution of the Federation with which they were made: [Peru-Bolivia, 1836, terminated in 1839J VI. Treaties or Parts of Treaties for which other agreements have been substituted by acts of the Parties: [Belgium 1874 terminated December 18, 1882 in accordance with the provisions of Article XI of the Conven- tion of Jane 13, 1882 which takes its place ; China, 1844, Treaties of June 18 and November 8, 1858 substituted so far as the provisions relate to identical subjects; France 1843 amended by Treaties of 1845 and 1858; Great Britain, 1827, Treaty of 1842 substituted; Great Brit- ain, 1862, Slave Trade. Modified by extending the right of search and detention to vicinity of certain islands by Convention of February 17, 1863. Provisions as to Mixed Tribunals abolished August 10, 1870 and the instructions for the ships employed in the prevention of the African Slave Trade modified by Convention of June 3, 1870 ; Italy 1868 amended by Treaties of 1869 and 1884 ; Italy 1878 amended by Treaty of 188 L; Japan 1854 such of the provisions of this Treaty as conflict with those of the Treaty of July 29, 1858 are revoked by the 12th Article of the latter Treaty ; Japan, 1857. Terminated by the Treaty of July 29, 1858 ; Japan, 1858, Convention of 1866 modi- fies the tariff of import and export duties contained in the trade-regu- lations annexed to the treaty of 1858 ; Japan, 1864, convention of 1866 modifies the tarifl' on imports and exports; Madagascar 1867. Modified by Treaty of May 13, 1881 ; Mexico, 1828. From various causes the stipulations of this treaty were not carried out within the period provided by its terms and a further time was given by the Treaty of April 3, 1835, but the boundary commission was never estab- lished. Texas becoming an independent Eepublic, the United States claimed that the treaty of January 12, 1828 with Mexico was binding upon Texas, the same having been entered into at a time when Texas formed a part of Mexico. On the 25th of April 1838 a Treaty provid- ing for the establishment of the boundary was concluded with Texas ; Mexico, 1831. Article 33 was abrogated by Article 2 of the Treaty of 1853; Mexico 1835 Treaty with Texas of 1838 take its place ; Mexico, 1848, Articles 5, 6, 7, and 11 renounced by the Treaty of 1853 ; Morocco 1787, the Treaty of September 16, 1836, takes its place; Nether- lands 1839, amended by treaty of August 26, 1852 ; Netherlands, 1855 terminated August 20, 1879 and the Treaty of May 23, 1878 ta^es its place ; Russia, 1824, Articles 3 and 4 made iuoperative by the Treaty of March 30, 1867 ; Salvador, 1850. Abrogated by the 38 Article of the Treaty of December 6, 1870; Sardinia, 1838, and Separate Article. The Treaty of February 26, 1871 with Italy takes it place; Siam, 1833. Modified by the Treaty of May 29, 1856 ; Siam, 1856. Eegulation I an- nexed to the Treaty is modified by the Arrangement of December 17-31, 1867 ; Spain 1795. Articles 2, 3, 4, 21, and the 2d paragraph of Article 22 were annulled and Article 15 was amended by Article 12 of the Treaty of 1 Mr. Fish to Mr. de Westenburg, 9tli April, 1873, MS. Dept. of State. " Halleek's International Law, 899 ; see alsaVattel, Droit des GensLiv. 2, ch. 12, J 176 ; Wheatou's NOTES — ALIENS AND ALIENAGE. 1237 February 22, 1819 ; Spain, 1802. Annulled by Article 10 o£ Treaty of February 22, 1819 ; Spain, 1877, Amended by tbe Treaty of August 7, 1882 ; Tripoli, 1796, Terminated by war and the Treaty of June 4, 1805 takes it place ; Tunis, 1797, Amended by the Treaty of February 24, 1824 ; Two Sicilies, 1845, Treaty of October 1, 1855 substituted and the Treaty of February 26, 1871 with Italy takes the place of the lat- ter ; Two Sicilies, 1855, Treaty respecting the rights of neutrals at sea. In 1861 the Two Sicilies were merged into the Kingdom of Italy and the principle that Free Ships make free goods are included in Article XVI of the Treaty of February 26, 1871 with Italy ; Two Sicilies, 1855, Commerce, Navigation, and Extradition. The Treaty of Commerce and navigation of February 26, 1871 and the Treaty of Extradition of March 23, 1868 with Italy take it place.] VII. Treaties the Executory Parts of which are claimed to have been terminated by war : [Great Britain, 1782, 1783, ] 794, and the Additional and Explanatory Articles thereto, and 1802; Mexico, 1831 and the Ad- ditional Article thereto, but Article 17 of the Treaty of February 2, 1848 revived the Treaty except so far as the stipulations were incom- patible and except the additional Article ; Tripoli, 1796.] After the conclusion of tire 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.' Lord Bathurst replied, "To a position of this novel nature Great Britain ' cannot accede. Stie knows of no exception to the rule that all Treaties are put an end to by a subsequent war between the same parties."* During the negotiations which followed Great Britain never abandoned 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 subjects 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.'" 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 ITotes. [VIII. Treaties that have failed owing to absence of legislation to put them m operation: Mexico, Commercial Eeciprocity of 1883,1885 and 1886.] ^ AlilENS AND AtlESTAGE. [See " Claims, " " Great Britain, " " Netherlands. "] 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- ' 4 F. E. F., 352. = lb.. 354. ^ (jiobe, 1st Seas. 30th Cong., 5. 1238 NOTES — ALIENS AND ALIENAGE. eral objects" which it should 'teffect Were euumerated; among these it is said, "iOth. The intercourse with England makes it necessary that the disabilities, arising from alienage in oases of inheritance, should be put upon a liberal footing, or rather abolished."' The flth 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 tliey, 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 Unioo.^ Attorney- General Gushing says that the case of Fairfax's Devisee v. Hunter's Lessee presented "the direct constitutional question in its fullest conditions," and adds that this is "a stipulation of Treaty, con- stitutional in substance and form.''^ It has, however, been questioned in later times by a Justice of the Supreme Court, whether the General Government can, by Treaty, control the succession of Eeal Estate in a State.* When the contents of the Treaty of 1794 became known, it was re- ceived with discontent, and petitions, all couched in the same language, were, circulated 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 Congress. The seventh of these was "in changing the terms of and establishing a rule to hold real estate."^ This point was not dwelt upon, however, in the discussions in Congress. [The 6th article of the treaty of peace, of 1783, protected from for- feiture, by reason of alienage, lands then held by British subjects.' Tiie word " heirs" in the 9th article of the treaty of 1794 between the United States and Great Britain included only such persons as were either British subjects or American citizens, and did not extend the stip- ulated benefits to any persons who were aliens to both governments.' As sustaining the position that the treaty of 1794 between United States and England enabled aliens to hold lands.^ A defeasible title to lands in Virginia, purchased during the Eevolu- tion, in a British born subject, who has never become a citizen, is com- pletely protected and confirmed by the 9th article of the treaty of 1794, between the United States and Great Britain.' Under the 9th article of the treaty with Great Britain of 1794, by which it was provided that British subjects, holding lands in the United States, and their heirs, so far as respected those lands, and the remedies incident thereto, should not be considered as aliens ; the par- ties must show that the title to the land for which the suit was 'com- menced was in them, or their ancestors, at the time the treaty was made." ' ' ' 1 F. E. F., 473. ^ Fairfax's Devisee v. Hunter's Lessee, 7 Cranch, 627; see also Orr V. Hodgson, 4 Wheaton, 453; Blights. Eoohester, 7 Wheatoii, 535; Hughes v. 'Edwards, 9 Wheaton, 489; Shanks v. Dupont, 3 Peters, !J4a; Ware v. Hylton, 3 Dallas, 242; Chirac v. Chirac, 2 Wheaton, 259. ■''8 Op. At.-Gen., 417. "Prevost v, Greneaux, 19 Howard, 7. "^2 Pitkin's History U. S., 454, note. " [Orri;. Hodgson, 4 Wheaton, 453. 'Orr v. Hodgson, 4 Wheaton, 453. * Jackson, ex dem. The People, &o., V. Clarke, 3 Wheaton, 1. ^ Craig v. Bradford, 3 Wheaton, 594. i" Harden v. Fisher, 1 Wheafcon, 300.] NOTES ALIENS AND ALIENAGE. 1239 All alien enemy might take lands in Virginia by devise, and hold them until office found; and where lands were so held, and possession and seizin continued jip to and after the treaty of 1794, that instru- ment, being the supreme law of the land, protected the owner from for- feiture by reason of alienage.^ The provisions in the treaties with Great Britain of 1783 and 1794, to enable aliens to inherit, secured only titles then existing.^ The property of British corporations in this country is protected by the 6th article of the treaty of peace of 1783, in the same manner as that of natural persons; and their title thus protected is confirmed by the 9th article of the treaty of 1794, so that it could not be forfeited by an intermediate legislative act, or other proceeding, for the defect of alienage." On a conquest of territory by one nation from another, those of the inhabitants who do not remain and become citizens of the victorious sovereign, but adhere to their old allegiance and continue in the service of the vanquished sovereign, deprive themselves of protecjiion or secur- ity to their property, except so far as it may be secured by treaty. This was said in reference to the treaties of 1762 and 1763 between France and Great Britain ceding Canada to the latter. These treaties provided that the inhabitants who wished to adhere to the vanquished sovereign might sell their property, provided they sold It to certain per- sons and within a certain time. Held, that the property, if not so sold, became abandoned to the conqueror.^] 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 citi- ' 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.' A glance at the Title "Beal 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 ca^e of Fairiax 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. [Th,e duties of donjiciled aliens have been discussed in the Supreme Court, and it has been held that domiciled.aliens owe a local and tem- porary allegiance ; that they are bound to obey all the laws of the country not immediately relating to citizenship during their residence, and are amenable equally with citizens for any infractions of those laws.^ ■ Under the 11th article of the treaty of amity and commerce between the United States and France of 1778, the subjects of France were en- abled to purchase and hold lands iu the United States. The stipulation in the convention of 1800 between the United States and France, " that in case the laws of either of the two States should [' Fairfax's Devisee v. Hunter's Lessee, 7 Cranch, 603. ^ Blight'aLessee v. Eoohester, 7 Wheaton, 535. ■' Society for Propagating the Gospel v. New Haven, 8 Wheaton, 464. 'U. S. V. Eepentigny, 5 Wallace, 211.] 'Mr. Sumner, Chairman of Senate Com. of Foreign Relations, to Mr. Fish, April 21, 1870, MS. Dept. of State. [ eCarlyle v. U. S., 12 Wallace, 147.] 1240 NOTES — ALIENS AND ALIENAGE. restrain strangers from the exercise of the rights of property with re- spect to real estate, such real estate may be sold, or otherwise disposed of, to citizens or inhabitants of the country where it may be," was held not to 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 this country ; and was held to give to a French subject, who had ac- quired lands by descent, or devise (and, perhaps, in any other manner,) the right, during life, to sell, or otherwise dispose thereof, if lying in a State where lands purchased by an alien would be immediately excheat- able. Although the convention expired by its own limitation, yet the in- stant the descent of lands was cast on a French subject during its con- tinuance, his rights became complete under it, and could not be affected by its subsequent expiration.^ The convention of 1800 with France enabling the people of one coun- try holding lands in the other, to dispose of them by testament, or other- wise, and to inherit lands in the respective countries without being obliged to obtain letters of naturalization, rendered the performance of the condition required by the law of Maryland, to sellto a citizen within ten years, a useless formality, and the conventional rate applied equally to the case of those who took by descent, under the act, as to those who acquired by purchase, without its aid.^ By the 7th article of the treaty with France of Feb. 23, 1853, ,it was provided, as follows : "In all the States of the TJnioh whose existing laws permit it, so long and to the same extent as the said laws shall remain in force. Frenchmen shall enjoy the right of possessing personal 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 gratu- itously or for value received, by donation, testament, 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 be equally imposed." The laws of Louisiana impose a tax of ten per cent, on the value of all property inherited in that State by any person not domiciliated there, and not being a citizen of any State or Territory of the United States. It was held that the tax accrued on the estate of a person who died in 1848 was not affected by the treaty, it having vested in the State. It was said that " certainly a treaty, subsequently made by the United States with France, could not divest rights of property already vested in the State, even if the words of the treaty had^ imparted such an in- tention." * * * ^ " In afftrming this judgment, (that the treaty did not affect the vested interest of the State,) it is proper to say that the (jbligation of the treatj and its operation in the State, after it was made, depend upQu the laws of Louisiana. The treaty does not claim for the United States the right of controlling the succession of real and personal property in a State." ' The 5th article of the treaty with Switzerland of the 25th of Nov., 1850, so far as it relates to titles to real estate, is within the treaty- making power conferred by the Constitution.'' The treaty between the King of Wtlrttemberg and the United States of 1844 provided as follows : " The citizens or subjects of each of the contracting parties shall have [1 Chirac v. Lessee of Chirac, 2 Wheaton, 259. ^Ib. ^'Prevost v. Greneaux, 19 How- ard, 1. * Havenstein v. Lynham, 100 U. S., 483.] NOTES — AUBAINE, DROIT d' — AUSTRIA. 1241 power to dispose of their personal property within the States of the other by testament, donation, or otherwise; and their heirs, legatees, and donees, being citizens or subjects of the other contracting party, shall succeed to their said personal property, 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 said property lies shall be liable to pay in like cases." This article, it was held, does not include the case of a citizen of the TTnited States dying at home, and disposing of property there in favor of subjects of the King of Wiirttemberg ; and, consequently, that a tax of ten per cent, on the legacies, which tax was claimed by Louisiana, was not in conflict with the treaty. In the course of this decision, the Court said : "It has been suggested in the argument of this case, that the Gov- ernment of the United States is incompetent to regulate testamentary dispositions or laws of inheritance of foreigners, in reference to property within the States. The question is one of great magnitude, but it is not important in the decision of this cause, and we consequently abstain from entering upon its consideration."!] AUBAINE, DROIT D'. ''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 Jms albinagi4 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 dStraction or droit de retraite, (jus detractfts,) 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."^ 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 Eepresentatives by the President on the 2d of March, 1831.3 ['Frederickaonv. Loaisiana, 23Howard, 445.] 'Wheaton'sElements of International Law, Part II, Chapter II, Section 83. » H. E. Doo. 129, 2d Sess. 2l8t Cong. 1242 NOTES — BARBARY STATES. 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 of September 20, 1870, was sent to the Senate on the 12th day of December, 1870, with the correspondence re- lating to it. The ratifications not being exchanged within the limita- tions of the treaty, the time was extended three months. [For an opinion of the Attorney General on a question arising under the naturalization treaty of 1870, see under title " Citizenship." Comi)laint was made by the minister of Austria-Hungary in 1883 that a local court in Philadelphia had taken cognizance of a case which came within the jurisdiction of consuls of that country in the United States under the eleventh article of i he consular Treaty of 1870. Mr. Freling- huysen, under date of Nov. 13, 1883, communicated to the minister an opinion of the Attorney General, of July 9, 1883, that the only way to compel the State court to observe the terms of the Treaty was by a writ of error from the Supreme Court of the United States.^] BAEBAET 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 of their dried and pickled fish, and some rice, found their best markets iu the Mediterranean."^ This trade then employed about 12,000 men, and 20,000 tons of ship- ping, and was protected by British passes.' The war of the revolution having abrogated this protection, Con- gress early took into consideration plans for substituting anothbr in its place. In the sketch for a Treaty which that body, on the 17th of Septem- ber, 1776, agreed that their Commissioners should endeavor to conclude with the French King, an article was inserted to the efi'ect 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 plunderings, 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,^ and the Commissioners were instructed that this article '' ought to be.obtained, if possible ; but should be waived rather than that the Treaty should be interrupted by insisting upon it."^ The Commissioners did not obtain such protectipn. Instead of it, the King of France in the Treaty, of • 1778, agreed to "employ his good ofQces 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 effects, against all violence, insults, attacks or depredations on the part of the said Princes and States of Barbary, or their subjects."" The recognition of the Independence of the United States by Great Britain found no steps taken iu this direction, for reasons which appear [IF. E. 1883, pp. 9-31.] ^Report of Mr. Jeflferson, Secretary of State, 1 F. R. F., 104. 32 Lyman's History of tlie Diplomacy of the United States, 339. "S Secret Journals of Congress, 10. ^Ib., 28. "Axt.S. NOTES— BARBAEY STATES. 124b iu the official cori-espondeHce.i Mr. Adams, therefore, wrote to the Presideat ofCoDgress-on the 10th September, 1783: "There are other Powers with whom it is more rieoessary 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."^ 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.^ On the 2Sth 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.* • Franklin left Paris for America on the 12th of July, 1785,= 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,^ and John Lamb to negotiate with Algiers^'' and they reported their pro- ceedings to Jay, who referred them to Congress, with a recommendation 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.' 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."' These demands were so exorbitant that the negotiations were suspended." Morocco. Barclay was, however, instructed to continue his negotiations with Morocco." By the 16th of July, 1786, a Treaty with Morocco was nearly agreed npon.12 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 receutly 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 ."^^ 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;"^* and in- structions were sent to secure the recognition for the twenty thousand dollars if possible; if not, for twenty -five thousand.^^ 'ID.C, 1783-'89, 570-571. M D. C, 1776-'83, 116. ^l D. C, 1783-'89, 501-2'. *1 D. C, l*83-'89, 568 This letter is printed incorrectly, with the date of. " Passy, March 28, 1786." Ou that day Adams and Jefiferson were in London, and Franklin was inAmerica. « 10 Franklin's Works, 22-2. « i d. c., 1783-'89, 656. Ub.,657. «lb.,728. "lb., 604. '«Ib., 768. "lb. '^Ib., 814. "lh.,24ii. »1 F. E. F., 288. ^euandolph to Humphreys, March 28, 1795. lb., 525. 1244 NOTES — BAKBAET STATES. 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.'" 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 Emperot issued an order that "the American nation are still, as they were, in peace and friendship with our person, exalted of God."^ 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.' . 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.^ 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;' 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 palliate its effects."^ On the 8th of May, 1792, President Washington asked the Senate whether in 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 ? '' The Senate answered each question in the afSirmative,^ and the President appointed Admiral John Paul Jones a Commisioner to negotiate a Treaty,* 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. Col. David Humphreys, then the Minister of the United States at Lisbon, was thereupon appointed a Plenipotentiary in their place." Eight hundred thousand dollars were placed at his dis- posal, 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." '^ More precise instruc- tions followed on the 25th of August, 1794." A Swede named Skjolde- brand, 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- ' 1 p. E. p., 527. » 2 p. E. P., 591-2. ^H. E. Doc, 145, 2d Sess. 24th Cong. ■> Con- fidential Ex. Doo.X, Ist Session 39th Congress. 6 1 P. E. P., 119. 6Ib., 104. 'lb., 136. 81b., 290. 9Ib. i°Ib., 292. i^Ib., 294. i^j^.^sas. i^jb.^sgg. NOTES BARBARY STATES. 1245 saud ; Eedempfcion 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."^ Humphreys sent this communication home, and received in- structions " that Skjoldebrand's terms are to be acceded to, if better can- not be obtained.'" Only a few days before this instruction was written, the Secretary of State had informed Ool. 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 JDey into a peace and ransom. The humanity of our countrymen has been long excited in be- half of our suffering fellow- citizens.'" In March, 1795, Donaldson, the Consul to Tunis and Tripoli, was associated with Humphreys, and the latter was also authorized to employ Skjoldebrand in negotiating the Treaty with the Dey.* Joel Barlow was added to the negotiators by Monroe and Humphreys in Europe.* Donaldson arrived in Algiers on the 3d of September,' and concluded the Treaty on the 5th, on which day Barlow arrived, and they joined in their report to Humphreys.^ Congress was informed by President Washington, in his speech at the opening of the second session of the Fourth Congress, of the prob- ability that the Treaty would be concluded, "but under great, though inevitable disadvantages in the pecuniary transactions occasioned by that war."' A few days later the House called for information as to the measures taken to carrythe Treaty into effect,' which was commu- picated confidentially on the 9th January, 1797." The Bill making appropriations for these objects was discussed with closed doors,i° and was passed February 22, 1797, by 63 ayes to 19 nays." The Secretary of the Treasury estimated the whole expense of fulfilling the Treaty at 1992,463.25.12 In March, 1802, President Jefferson was able to advise Congress that "the sums due to the Government of Algiers are now fully paid up."" In 1808, an enquiry having been made by Congress respecting the pay- ments to Algiers, the Secretary of State reported that they were "of two kinds : 1st. That stipulated by Treaty, viz : Twelve thousand se- quins, equal to twenty-one thousand six hundred dollars, made annu- ally 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 bien- nial presents to the officers of the government, estimated at $17,000. 3. Incidental and contingent 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."" The course pursued by Algiers during the last war with Great Bri- tain induced President Madison, in February, 1815, to recommend Con- gress 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.^' A naval force was despatched to Algiers, and an Algerine frigate" and brig" were captured en route to that place. The squadron arrived off Algiers on the 28th of June, '1 F. R. F., 529. 2 Randolph to Humphreys, Nov.'ai, 1794, MS. Dept. of State. 'Ran- dolph to Humphreys, Nov. 8, 1794, MS. Dept. of State. *! F. R. F., 529. nh., 553. "lb., 554. '■AnnalsSdsess. 4th Cong., 1593. « lb., 1703, 1763-7. 9Ib.,2235. "'Ib.,189,5, 2835. "lb., 2246. '=Ib., 2239; 1 F. R. F., 555. 1=3 F. R. F., 381. »3 F. E. F., 33. »Ib., 748-9. 16 Annals 1st sess. 14th Congress, 1767. "lb., 1762-3. 1246 NOTES — BAEBAKY STATES. and on the 29th opened communications with the Government. The next day the Dey proposed a Treaty. The American negotiators re- plied 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 ofilcers 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.^ The papers relating to the only remaining Treaty with Algiers (that of 1816) will be found in 5 F. E. F., 133 et seq. [Algiers through conquest became in 1830 a colonial province of France.] Tripoli. On the 4th. 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.^ But the Bashaw did not long rest contented. In April, 1800, he told Cathcart,,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." ' 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 hurt the commerce of any nation as much as the Tunisians." i The same month he wrote to the President, "Our sincere friend, we could wish that these your expressions were followed 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 can not but be prejudicial to your in- terests." ' The answer made was a naval squadron and a war against Tripoli on land and 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 Tripoli.^ Nothing was paid for the peace. Prisoners were exchanged man for man, and $00,000 were paid by the United States for the re- lease of the number of American prisoners in the hands of the Tripo- liiies over and above the number of Tripolines in the hands of the Amer- icans. They were about two hundred. Tunis. The Treaty wibh Tunis was negotiated under the directions of Bar- low in 1797.^ It cost one hundred and seven thousand dollars, viz : $35,000, Eegalia: $50,000, Peace; $12,000, Peace presents; $4,000, Consul presents; and $6,000, Secret Service. The !3enate advised its ratification, on condition that the 14th Article should be modifljSi.' This modification appears to have been assented to in 1799.' See 2 F. E. F., 799, and 3 F. E. F., 394, for correspondence, &c., respectiug other questions arising between the two Powers. In 1824 the modified Articles were agreed to in the form in which they now stand. ^'' , \ i 'Decatur and Shaler to Monroe, lb., 1475. See also lb., t762 et anq., and 4 F. E. F., 6. ^President Adams's Message to Congress, June 23, 1797, 2F. R. V., i'fi. Forthe Message communicating it to tiie Senate, see 3 Annals 5tli Congress, ;i094. "2 F. R. F., 350. ■'lb. 6 lb., 352. 6X1)., 7i7_7i8. ' 2 F. E. F.-, 123-5. ^ lb., 126. Mb, 281. See also, 3 Annals 15th Cong., 3287. "> 5 F. R. F., 430, NOTES BAEBA.RY STATES. 1247 [By a treaty concluded May 12, I8S1, Tunis passed under the protec- tion of France. In the 4th article the French government guarantees the execution of the treaties between Tunis and the various European powers. Since the establishment of the protectorate, the French government has introduced various administrative reforms, and reorganized the administration of justice. The French minister, on the 20th IvTovember, 1882, addressed to the Secretary, of State a note asking that the G-ov- ernment of the United States renounce the exercise of consular extra- territorial jurisdiction in Tunis. On Nov. 23, 1882, Mr. Frelinghuysen replied : "Inasmuch as the consular jurisdiction in Tunis, to which you refer, is expressly commanded by a statute of Congress, the renunciation of that jurisdictional right does not appear to be a mattier within the con- trol of the Executive of the United States, and it will therefore be necessary to lay the subject before Congress at its approaching session, and ask for appropriate legislation thereon. " Meanwhile, as the consulate of the United States at Tunis has been suspended, owing to the withdrawal of the appropriation for its main- tenance, and as there is consequently no ofi&cer of the United States in that region empowered by law or treaty to act judicially, it is not likely that any question of jurisdiction affecting American interests there will arise pending the awaited action of Congress." '] General remarks. In the interesting report of Jefferson to the House of Representatives concerning the Mediterranean Trade, which has been already referred to,^ three modes of dealing with the Barbary pirates are indicated : 1. To ensure vessels and cargoes and to^ajgree upon a fixed rate of ranspm 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.'= This was before the war with Tripoli. The Statutes under which payments were made are the following . 1791, ch. 16, Ist St. at L., 214; 1792, ch. 24, lb., 256; 1796, ch. 19, lb., 460; 1797. ch. 12, lb., 505 ; 1797, ch. 12, lb., 553; 17t)8, ch. \8, lb., 544; 1799, ch! 28, lb., 723; 1800, ch. 47, 2 St. at L., 66; 1803, ch. 19, lb., 215; 1804, ch. 21, lb., 269; 1805, ch. 21, lb., 321; 1806, oh. 33, lb., 388 ; 1807, ch. 29, lb., 436 ; and from this time forward there was an annual appropriation until the Tribute was terminated. [In an opinion* of Jan. 31, 1849, Mr. Toncey, Attorney General, in answer to the question whether the act of Aug. 11, 1848, "to carry into effect certain pcovisions in the treaties between the United States and China, and the Ofct^man Porte, giving certain judicial powers to minis- ters and consuls of the United States in those countries," embraced Egypt and the Barbary States, said that it was a political question. "The political action of the government on this subject," it was said, " would control the courts of law, and furnish a rule for their guidance, which they would be obliged to follow. We have treaties with the Bar- bary States, without the intervention of the Sultan of Turkey. How [T. B., 188J, 297.] n h\ E. F., 104. ^ F. E. F., 369. [■> 5 Op. At. Gen., 67.] 1248 ■ NOTES — BAVAEIA — BELGIUM. far Egypt, or those States, may be regarded as ' in the dotuinious of the. Sublime Porte,' is a question which cannot be solved without the aid of the State Department."] BAVARIA. The words "real and" in parentheses on page 46 are encircled in red ink in the original treaty. The cause of this is the following : The Treaty was submitted to the Senate, and ratified by it on the 15th of 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 amend- ment was accepted by the Bavarian Government."^ BELGIUM. [See " Extradition," " Commerce."] On the 20th of August, 1857, Mr. Bosch Spencer, the Belgian Minis- ter at Washington, wrote General Cass, the Secretary of State, thus : " Le soussign6 a 6t6 charg6 par le gouvernement du roi, de d6noncer oflS.ciellement le trait6 du dix novembre 1845, ainsi qu'il a I'honneur de le faire aujourd'hui en adressant la pr6sente communication tli'l'honor- able secr6taire d'6tat des Etats-TJnis."^ General Cass acknowledged the receipt of this notice on the 3d of September, 1857. The ratifications of the Consular Convention of 1868 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. [The extradition treaty of 1874 limited the operation of the treaty, as to crimes or offenses committed anterior to its date, to the crimes of murder and arson. Under article III Carl Vogt, whose surrender to Prussia under the treaty of 1852, and to Belgium, with which no treaty' then existed, had been refused, (see under title "Extradition,") was sur- rendered to Belgium. Congress, by a joint resolution approved June 17, 1874, provided for notice to terminate the treaty of 1858, pursuant to the seventeenth arti- cle, and authorized the President to communicate sufih notice to the government of Belgium.^ The Secretary of State, under date of June 17, instructed Mr. Jones, the minister of the United States at Brussels, to give the necessary no- tice, inclosing a copy of the joint resolution.* The notice was given July 1, and the treaty terminated pursuant to its_ terms July 1, 1875.^ It had been found that the fourth and thirteenth articles of the treaty in their operation, and under the most favored nation clause in other treaties, worked a discrimination against the marine of the United States 1 Buchanan to Wheaton, No. 68, 27th March, 1845. Wheaton to Buchanan, No. 276, 5th Nov., 1845. MS. Dept. of State. '^ "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 communication to the honorable Secretary of State of the United States." MS. Eecords, Pept. of State. Translation. ['18 Stat. L., 387. "F. E. 1874, 64. = «Ib. 65, 66,] NOTES — BORNEO — BOUNDAEY. 1249 and in favor of that of foreign countries. Exemption from tonnage-dues had been claimed by several foreign powers for their vessels, on account of the exemption accorded to Belgian vessels under the fourth article of the treaty.^ The causes making it necessary to abrogate the treaty were commu- nicated to the government of Belgium^ and to Mr. Delfosse, the Belgian minister, by note dated November 9, 1874.' The suggestion that the United States was ready to negotiate a new treaty, excluding the objectionable clauses, was met by the negotiation of the treaty of March 8, 1875, which included also some new provisions and went into effect June 11, 1875.] 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.* BOUNDARY. [See "France," " Great Britain,'' " Mexico, " "Spain," "Cession of Territory."'^ [By the treaty of St. Ildefonso, of the 1st of October, 1800, Spain ceded Louisiana 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 country between the Iberville and the Perdido. This claim has been supported both by the executive and legislative branches of the government. And in a controversy between the United States and a foreign sovereign as to boundary, the court must follow the decision of that department' of the government in- trusted by the constitution with the care of its foreign relations, espe- cially if sanctioned by the legislative power.^ This decision was affirmed in all particulars.^ It is a sound principle of law, and applies to the treaty-making power of the government of the United States, whether exercised with a for- eign nation or an Indian tribe, that all questions of boundary may be settled by the parties to the treaty ; and to the exercise of that high function of the government within its constitutional powers, neither the rights of a state nor of an individual can be interposed.' Under the treaty of Dec. 30, 1853, with Mexico, called the Mesilla treaty, the " establishment" of the boundary line consisted of the offi- cial agreement of the two commissioners, appointed, one by each govern- ment, to survey, mark, and establish the line ; and that agreement, when duly made, is conclusive against both governments. ['On.claim of Sweden and Norway, 14 op. At.-Gen., 468 Williams of Hanseatio Ee- puWics,Id.,53.0; andl6Id.,276,626Devens. ^^MS., Dept. of State, n F.E., 1875,72.] *S. Ex. Doc 38, Ist Sees. 32d Cong. [^ Foster v. Neilson, 3 Peters, 253, "Garria v, Lee, 12 Peters, 511. TLatimer v, Poteet, 14 Peters, 4.] 3769 IE 79 1250 NOTES BRAZIL — BEEMEET— GENTEAi AMERICA. To establish the line, it is not requisite that the maps contemplated by the treaty shall first have been made ; that is not the establishment of the line, but only the record or history of its survey.'] BEAZIIi. 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 Pobligation de ne pas prolonger la dur^e du traitd conclu entre I'empire et cette r6publique le 12 d6cembre 1828, au-del4 du terme 6nonc6 dans I'Article 11 du mcme trait6 ; devant par conse- quent le dit trait6 6tre termini k I'expiration de douze mois 4 compter de cette date, pour les articles seulementqui se rapportent au commerce et k la navigation." ^ 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 ^bat neither party can give it before the expiration of the twelve 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 givien, 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 Brazilian 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 lettee of the instrument involved in the premature notice given in Mr. Chavesr note, and, to receive said notice as if given in accordance with the terms' of the Treaty at the expiration of the twelve years." " For the corre- spondence in the negotiation of the Treaty, see House Executive Docu- ment 32, 1st Session 25th Congress. BREMEN. [See " Oommeroe."] CEKTKAL 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 [established bv the adoption of a constitution December 17, 1823,* and was dissolved in 1839.=] B ut one Treaty (1825) [17 Op. At.-G6n.,582, CashinK.] 2"The Imperial Government is oblised not to pro- long the duration of the Treaty oonoluded 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 mouths from this date the said Treaty will be terminated, only for the articles relating to commerce and navigation." MS. Records, D'ept. of State. 3Ib. [< Montftfar, Resena Histfirioa de Ceutro America and Baily'a Ceutral An(e?;ie^. of'isl} tfl Williamsoa, Jui^e 17, 1873, MS, Dept, of m^te.] NOTES — CESSION OF TERRITORY. 1251 was concluded with tMs power, the articles ia which, relating to com- merce and navigation, expired by their own limitation on the 2d of August, 1838 ; theTemaining 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.' The two Governments tried in vain to adjust these differences by Treaty. Great Britain thereupon made separate arrangements with the several States — with Guatemala, April 30, 1857 ; ^ with Honduras, November 28, 1859 ; ^ and with Nicaragua, January 28, I860.* These separate arrangements are understood, in the aggregate, to comply with the expectations of the United States. CESSION 'OF TERRITORY. [See " JFrance," " Cheat Britain," " Mexico," " Spain.""] [It was said by Chief Justice Marshall, In the American Insurance Company v. Canter, 1 Peters, 542, that " the Constitution confers abso- lutely on the Government of the Union the powers of making war and of making treaties ; consequently, that Government possesses the power of acquiring territory, either by conquest or treaty.'^ ° The formation of the civil government in California, when it was done, was the. lawful exercise of a belligerent right over a conquered territory. It was the existing government when the territory was ceded to the United States, as a conquest, and did not cease as a matter of course, or as a consequence of the restoration of peace ; and it was rightfully con- tinued after peace was made with Mexico, until Congress legislated otherwise, under its constitutional power, to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States. The tonnage duties, and duties upon foreign goods imported into San Francisco, were legally demanded and lawfully collectei by the civil governor, whilst the war coatinued, and afterwards, from the ratifica- tion of the treaty of peace until the revenue system of the United States was put into practical operation in California, under the acts of Con- gress, passed for that purpose.® The usage of the world is, if a nation be not entirely subdued, to con- sider the holding of conquered territory as a mere military occupation, until its fate shall be determined at the treaty of peace. If it be ceded by treaty, the acquisition is confirmed, and the ceded territory becomes a part of the nation to which it is annexed, either on the terms stipu- lated in the treaty of cession, or on such as its new master shall impose.. 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 'S. E. 'Doc. 1, Isfc Sess. 34tt Cong., 43-120. '49 British ami Foreign State Papers, 7. »ib., 13. ■'50 lb., 96. [«se§ also Qm^ V, fiW, 6 giwsli, 33g, oQm^ V, Umi- 1252 NOTES — CESSION OP TEREITOEY. of the United States. They do not however participate in politicai power ; they do not share in the government, until Florida shall be- come a State. In the mean time Florida continues to be a territory of the United States governed by virtue of that clause of the Constitution, which empowers " Congress to make all needfal rales and regulations, respecting the territory, or other property belonging to the United States."! When territory is ceded, the national character continues for com- mercial purposes, until actual delivery ^ but between the time of sign- ing the treaty and the actual delivery of the territory, the sovereignty of the ceding power ceases, except for strictly municipal purposes, or such an exercise of it as is necessary to preserve and enforce the sanctions of its social condition.^ The State of Missoiiri was formerly a part of the territory, first of France, next of Spain, then of France, who ceded it to the United States by the treaty of 1803, in full propriety, sovereignty and domin- ion, as she had acquired and held it; 2 Peters, 301, &c.: by which this government put itself in place of the former sovereigns, and became invested with all their rights, subject to their concomitant obligations to the inhabitants. Both were regulated by the law of nations, accord-, ing to which the rights of property are protected, even in the case of a conquered country; and held sacred and inviolable when it is ceded by treaty, with or without any stipulation to such effect ; and the laws, whether in writing, or evidenced by the usage and customs of the conquered or ceded country, continue in force until altered by the new sovereign.^ The term " grant " in the treaty comprehends not only those which are made in form, but also any concession, warrant, order or permission to survey, possess or settle, whether evidenced b^ parol, or presumed from possession; and in the term " laws" is included custom and usage, when once settled ; though it may be " comparatively of recent date, and is not one of those to the contrary of which the memory of man runneth nob, which contributed so much to make up the common law code, which is so justly venerated." Its evidence consists in the sense and under- standing of parties in their contracts, which are made with reference to such usage or custom, for the custom then becomes a part of the con- tract, and may not improperly be considered the law of the contract, and it rests on the same principle as the lex loci. * "Treaties are the law of the land, and a rule of decision in all courts. 2 Peters, 314; 9 Peters, 133." In the treaty of cession of Louisiana no exceptions were made, and the court has declared that none can thereafter be made. 8 Peters, 463. The United States must remain content with that which' contented them at the transfer, when they assumed the precise position of the King of Spain. The United States have so remained, as appears by their laws. By the acts of 1804, 1805, 1807, and 1816, they recognized the laws,, usages, and customs of Spain to be legitimate sources of titles. A part of the laws, &c., was the unwritten law of Louisiana.' " It may not be unworthy of remark, that it is very unusual, even in cases of conquest, 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 jus- tice and of right which is acknowledged and felt by the whole civilized world would be outraged if private property should be generally confls- [' The American Insurance Co. v. Canter, 1 Peters, 542. 2 Davia v, Concordia, 9 How- ard 880, =StrotIier v. I^ucas, 13 Peters, 410. ^b, » lb.] ■ NOTES CESSION OF TEERITOET. 1253 cated, and private rights annulled. The people change their allegiance ; their relation to their ancient sovereign is dissolved, but their relations toeachother, and their rights of property, remain undisturbed. * * # The language of the second article (of the Spanish treaty of 1819) con- forms to this general principle. ' His catholic majesty cedes to the United States in full property and sovereignty, all the territories which belong to him situated to the eastward of the Mississippi, known by the name of East and West Florida.' A cession of territory is never under- stood to be a cession of the property belonging to its inhabitants * * * The cession of a territory by its name from one sovereign to another, conveying the compound idea of surrendering at the same time the lands and the people who inhabit them, would be necessarily understood to pass the sovereignty only, and not to interfere with private property." ^ Afftrmed as to rights of property after cession of territory.^ " Had Florida changed its sovereign by an act containing no stipu- lation 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.'"' Even in cases of conquest, the conqueror does no more than dis- place the sovereign, and assume dominion over the country. 7 Peters, 86; (10 Peters, 720, 729-30, passim). "A cession of territory is never • understood to be a cession of the property of the inhabitants. The king cedes only that which belongs to him ; lands he had previously granted, were not his to cede. Neither party could so understand the treaty. Neither party could consider itself as attempting a wrong to individuals condemned by the whole civilized world. 'The cession of a territory' would necessarily be understood to pass the sovereignty only, and not to interfere with private property." lb., 87. No construction of a treaty, which would impair that security to private property, which the laws and usages of nations would without express stipulation have conferred, would seem to be admissible further than its positive words require. ' Without it, the title of individuals would remain as valid under the new government, as they were under the old ; and those titles, at least so far as they were consummate, might be asserted in the courts of the United States, independently of this article.' " lb., 88 ; 6 Peters, 741-2 ; S. P. 9 Peters, 133.* In the treaty by which Louisiana was acquired, the United States stipulated that the inhabitants of the ceded territory 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 if it had not been inserted in the con- tract. The term "property," as applied to lands, comprehends every species of title, inchoate or complete. It is supposed to embrace those rights which lie in contrast, those which are executory ; as well as those which are executed. In this respect the relation of the inhabitants to their goverament is not changed. The new government takes the place of that which has passed away.^ Under the treaty of 1783 with Great Britain the United States suc- ceeded to all the rights, in that part of old Canada which now forms the State of Michigan, that existed in the King of France prior to its con- quest by the British in 1760 ; and among these rights, with that of deal- [' U. S. V. Perolieman, 7 Peters, Bd. ^Loitensdorfer v. Webb, 20 Howard, 176. 'Ch. J. Marshall, inU. S. v. Percheman, 7 Peters, 51-87 ; quoted in U. S. v. Kepentigny, 5 Wallace, 211. iStrother v. Lucas, 12 Peters, 410. egoulard v. V. 8., 4 Peters, 511.] 1254 NOTES — CESSION OP TEKEITOKY. * ing with the seigniorial estate of lauds granted out as seigniorigs by the said King, after a forfeiture had occurred for non-fulfilment of the conditions of the fief. And under our system a legislative act, after forfeiture for non fulfilment of the seigniorial conditions, — directing the appropriation and possession of the land, — which is equivalent to the " cfeice found" of the common law, — is sufficient to complete its reunion with the public domain .^ No principle can be better established by the authority of this court, than " that the acts of an officer, to whom a public duty is assigned by his king, within the sphere of that duty, are prima facie taken to be within his power." " The principles on which it rests are believed to be too deeply founded in law and reason ever to be successfully assailed. He who would controvert a grant executed by the lawful authority, with all the solemnities required by law, takes on himself the burthen of showing that the officer has transcended the powers conferred upon him ; or that the transaction is tainted with fraud." ^ "Where an act of an officer to pass the title to land according to the Spanish law, is done contrary to the written order of the king, pro- duced at the trial, without any explanation, it shall be presumed that the power had not been exceeded ; that the act was done on the motives set out therein ; and according to some order known to the king and his officers, though not to his subjects : and courts ought to require very- full proof that he had transcended his powers before they so determine it." "The terms of a treaty are to be applied to the state of things then existing in the ceded territory, 8 Peters, 462; in thut which had been held by Spain, the whole i>ower of granting and confirming titles had, by the royal order of 1754, been transferred to officers in the colonies, the commandants of posts, and local authorities, &C."' Under the Florida treaty, grants of land made before the 24th Janu- ary, 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 dominion of Spain; and the owners of conditional grants, who have been prevented from fulfilling all the conditions of their grants, have time by the treaty extended to them to complete such conditions. That time, as was declared by the court in Arredondo's case, 6 Peters, 748, began to run in regard to indi- vidual 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 be null and void. * In the construction of the Florida treaty, it is admitted that the United States succeeded to all those equitable obligations which we are to suppose would have influenced his catholic majesty to secure their property to his subjects, and which would have been applied by him in the construction of a conditional grant, to make it absolute ; and further, that the United States must maintain the rights of property under it, by applying the laws and customs by which those rights were secured, before Florida was ceded ; or by which an inchoate right of property would, by those laws and customs, have been adjudicated by the Spanish authorities to have become a perfect right.^ All the laws which were in force in Florida, while a province of Spain, except those of a political character, which concerned the relations be- [1 U. S. V. Eepentigny, 5 Wallace, 21L ^strother v. Lucas, 12 Peters, 410. 'lb. Oa this point, see 8 Peters, 449-50, 458, 475, 488-9 ; 7 Peters 96 ; 9 Peters 134, 169, 734; 10 Peters, 331;' S. P., 727, &o. *V. S. v. Kingsley, 12 Peters, 476. »Ib.] NOTES — CHILI. 1265 tvteen tbe people and their sovereign, remained in force until altered by tlie government of the United States.' The tribunals of the United States, in passing upon the rights of the inhabitants of the territory ceded under the treaty of Guadalupe Hi- dalgo are " governed by the treaty, the law of nations, the laws, usages, and customs of the former government, the principles of equity, and the decisions of the Supreme Court, so far as they are applicable. They (the United States) have not desired the tribunals to conduct fheir in- vestigations as if the rights of the inhabitants to the property which they claim depended upon the nicest observance of every legal formal- ity. They have desired to act as a great nation, not seeking, in extend- ing their authority over the ceded territory, to enforce forfeitures, but to afford protection and security to all just rights which could have been claimed from the government they superseded." ^ " California belonged to Spain by the rights of discovery and conquest. The government of that country established regulatiousfor transfers of the public domain to individuals. When the sovereignty of Spain was displaced by the revolutionary action of Mexico, the new government established regulations upon the same subject. These two sovereign- tiee are the spring heads of all the land titles in California existing at the time of the cession of that country to the United States by the treaty of Guadalupe Hidalgo. That cession did not impair the rights of private property. They were consecrated by the law of nations, and protected by the treaty. The treaty stipulation was but a formal rec- ognition of the pre-existing sanction in the law of nations. The act of March 3, 1851, was passed to assure to the inhabitants of the ceded territory the benefit of the rights of property thus secured to them. It recognizes alike legal and equitable rights, and should be administered in a large and liberal spirit." '] CHILI. On the 19th of January, 1849, M. Carvallo, Chilian Minister at Wash- ington, wrote to Mr. Buchanan, Secretary of State, " que, en ejercicio d6 la facultad que por el articulo 31 del tratado de navegacion y comercio, celebrado en Santiago &16 deMayo 1832, se reservaron ^mbos gobiernos, el de Chili desea terminar dicbo tratado ; lo que en conformidad del citado articulo tendrd efecto el dia 20 de Enero del aiio proximo f utnro." * On the 27th 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 to, the notice will take effect on the 20th of January next." ^ For the correspondence respecting the seizure of the Brig Macedonian, see- Senate Executive Document ^o. 58, 35th Congress, 1st Sess. The [' The American Insurance Co. v. Canter, 1 Peters, 544. ''U. S. v. Anguisola, 1 Wal- lace, 35a. =17. S. V. Moreno, 1 Wallace, 400.] "iMS. Records, Dept. of State. , "That, in the exercise of the privilege which, by article 31 of the treaty of navigation and commerce, concluded at Santiago 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." — Transla- tion. « MS. Records, Dept. of State.] 1256 NOTES — CHINA. 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 iSth of May, 1863. CHINA. On the 3d of March, 1843, an act was approved placing forty thou- sand 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," i and on the 8th of the following May, Caleb Cushing was commissioned as Envoy Extraordinary, Minister Plenipotentiary, and Commissioner to China. He says of his mission there: "I entered China with the formed gen- eral 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 subjects 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.^ A Treaty on this basis was concluded on the 3d day of July, 1844, and was communicated to the Senate by the Presi- dent on the 22d of January, 1845 ;5 and on the 28th of January the in- junction of secresy was removed from the correspondence submitted with the Treaty.* On the exchange of the ratifications of this Treaty,' it became neces- sary that laws should be enacted conferring judicial powers on Ministers and Consuls, in order that citizens of the United States in Chiija 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.^ Under this act it was originally held that Vice-Consuls could not be empowered to exercise judicial functions;^ but this decision was re- versed by Attorney-General Gushing.'' 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. 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.' On the 12th of December, 1856, regulations made by Peter Parker, a successor of McLane, were also transmitted to Congress.' William B. Reed was appointed Commissioner on the 18th of April, 1857. His instructions, which were communicated to the Senate.by t^e President on the 20th of April, 1858,"" 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, ~ >5 St. at L., 624. ^Cusliing to Calhoun, Sept. 29, 1844, cited in 7 Op. At.-Gen., 497-9. »S. E. Doc. 58, 2(1 Sess. 28tli Cong. ■'S. E. Doc. 67, 2d Sess. 28th Cong. "9 St. at L., 276. « Consular Instructions of 1855, § 275. . '7 Op. At.-Gen., 511. ^g. E. Docs. 33 and 92, 1st Sess. 34th Cong. sg. e. Doc. 6, and H. E. Doc. 11, 3d Sess. 34th Cong. "S. E. Doe. 47, Ist Sess. 35th Cong. NOTES — CHINA. 1257 further regulatious made by Parker on tlie 4th of March, 1857, for such revision as Congress might deem expedient.^ The Senate Committee reported that these Eegnlations needed no revision,^ and the Senate passed a resolution to that effect.' 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.* This document con- tains 1424 pages, and exhibits in detail thequestions which had arisen with China during the period it covers. On the 27th of December, 1858, the President transmitted to Congress a decree, and a further regulation which had been made by Eeed, who had been appointed Minister Plenipotentiary.^ 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 1860.^ 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 ^j the United States, and we ought not to be drawn along with it, however anxious it may be for our co-operation."' He writes to Parker on the 27th of February, 1857: "ThePresident does not believe that our relations with China warrant the ' last resort ' you speak of. * * The ' last resort ' means war."^ But in the following May, Mr. Cass, the Secretary of State, directg Eeed to co-operate peacefully with the allied Powers for the objects named in his despatch.^ 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 the Senate Committee of Foreign Eelations.^" Congress passed the Act June 22, 1860.ii 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 Pekin I at once elaborated my views, and found, upon comparing them with those held by the representatives of England and Eussia, that they were in accord with theirs.'"'' 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;'"' and he added, "I have submitted the above letter to the British, French, and Eussian Ministers, and they authorize me to inform you they entirely approve its views and policy."" Burlingame described the policy he was prescribing as " an effort to substitute fair diplomatic action in China for force."" When this important action was commu- nicated to Mr. Seward, Secretary of State, he wrote, "It is approved with much commendation."'^ 'fl. E. Doc. 9, Ist Sess. 35th Cong, i" Globe, Ist Sess. 35th Cong., 1203. ^Ib., 1555. 'S. E. Doo. 22, 2d .Sess. 35th Cong. ^g. e. Doo. 11, and H. E. Doc. No. 21, 2d Sess. 35th Cong. eg. g. Dqo. 30 and 39, Ist Sess. 36fch Congress. ' S. E. Doo. 30, lat Sess. 36th Cong., 4. sib., 6. "lb., 7. '» S. E. Doc. 43, 1st Sess. 36th Cong. "12St. atL., 72. See also Acts of Sept. 20, 1850; 9 St. at L., 468, of March 3, 1859; 11 St. at J^., 408, and of Jaly 1, 1870; 16 St. at L., 183. i'3D.C.,1863; 937 of one imprint and 859 of the otUer imprint. "3 0.c.,1864,426. »Ib.,430. »ib. i6ib.,440. 1258 NOTES-T-CHINA. On the 9th of November, 1864, Burllngame transmitted to the Depart- ment further rules and regulations for Consular Courts.^ Seward re- plied that the despatch would " be snbmitted to Congress."^ In 1866 Burllngame submitted for approval " land regulations " for the regulation and the government of the European Colony (the French excepted) at Shanghai.^ In 1868 the powers agreed npon rules for joint investigation, under the Treaty, in cases of confiscation and fine by the- Oustom-House authorities."* In the summer of 1868 a Legation from China arrived at Washington, with Burllngame (who had left the service of the United States) as its chief.* 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: '^ Ton will undoubtedly meet Mr. Burllngame * in Berlin. * * Impress upon him the importance to China of an early ratification of the Treaties. * * While the President cordially gives hisadhesion to the principles of the Treaty of 1868, * * yet he earnestly hopes that the advisers of His Majesty the Emperor may soon see their way clear to counselling the granting of. some concessions."^ In 1870 Congress enacted that the superior judicial authority conferred 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.'' N In an opinion dated September 19, 1855, Attorney-General Gushing reviews at length the effect of the Statute of 1848, and the extent of the judicial authority it confers upon Consuls.^ Attorney-General Black held that it was limited to the five 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.'" In November, 1858, Commissioner Eeed, 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 custody of the money, and authorizing the President to appoint Commissioners 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 Exec- utive Document No. 29, 3d Sess. 40th Congress. After the payment of. the awards in full the remainder of the money was remitted to the De- partment of State. It has been the subject of several reports from the Secretary of State, and of some discussions in Congress." [When it was found that after paying the awards of the commission- ers a surplus remained, its return to the Chinese Government was pro- posed ; and several of the Presidents in their annual messages '^ recom- mended either the return of the balance or its utilization in the interest of the Chinese. >2 D.C.,1865,413. ^Ib.,437. H D. C, 1867, 429. 4St. atL., 359. ^ 9 St. at L., 276. =7 Op. At. -Gen., 495 ; see also lb., 565. "laSt. atL., 72. nest, at L., 183. « Section 28. 'Section 29. n4 St. at L., 323. n6 St, at L., 183. NOTES CONSULS. 1281 essary to organize and give efficiency to the courts created by the act. Mr. Fish, 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 powers 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 powers on Ministers. " The first section provides th,at ' to carry into full effect the provis- ions of the Treaties, &c., * * the Ministers and the Consuls of the TJnited 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,' («. 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.' " The fifth section provides that Hn 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 advisers inscribed thereon, make it to become binding and obligatory until an- nulled 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 3769 TB 81 1282 NOTES — CONSULS. 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 ' to furnish stdtable and appro- priate remedies,^ 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 feonferred upon the Minister, ' in order to organize and carry into effect a system of jurisprudence.^''^ The power of originating civil land 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 maybe useful, or that a severer punishment is required, summon associates, not more than four in number, taken by lot from a 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 are 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." 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 onlyin case of disagreement between him and one of his associates. In civil proceedihgs, 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, " 1 1 F. E. 1873., 571. ' 11 Op. At.-Gen., 474, Speed. ', "" NOTES CONSULS. 1283 but does not exceed two thousand five hundred dollars, exclusive of costs ; and where the matter exceeds two thousand five hundred dollars, exclusive 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 Minis- ters 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." 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 IJnited States. It is not in dispute that the usages observed towards other Franks 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 substitutedih 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 oflcio administer upon the estates of citizens of his nationality dying within his j urisdiction- without legal heirs there, gives no right of reclamation against the United States for the value of tbe property of such a decedent improp- erly administered on by a State Court, unless the Consul first exhausts his remedies at law to prevent such State administration. ^ [Judicial powers are not necessarily incident to the office of consul, although usually conferred in non-Christian countries. The Supreme Court of the United States has held that the treaties with the Ottoman Empire of 1830 and 1862 concede to the United States the same privileges in this respect as are enjoyed by other Christian nations, which may be exercised by the consuls.^ In the revision of the Statutes the acts to carry into effect treaty pro- visions with certain non Christian countries ^ appear in Title 47. In the enumeration of consular officers, upon whom judicial duties are devolved, consuls-general and vice-consuls were omitted in the re- vision of the Statutes.* The omission was rectified by an act of Con- gress approved February 1, 1876. ^ The Federal court in California has considered the requisites in cases of appeal from the consular and ministerial courts of China and Japan to the circuit court of the district of California.^ A consul cannot be required to certify to the official character or acts of a foreign notary public.''' ' 9 Op. At.-Gen., 383, Black. pDainese v. Hale, 91 U. S. S. C, 13. 3June22, 1860 : July 28, 1866 ; July 1, 1870. •'R.S.,§« 4083 to 4130. n9 St. atL., 2. « Steamer Sparl «. Lee Choi Chum, 1 Sawyer, 713. '12 Op. At.-Gen.^ 1, Stanbery.] 1284 NOTES — CONSULS. A consul has no authority, since the passage of the act of 1872, 'to demand and receive from the master of a vessel the money and effects of a deserter.' The consular officers named in article 10 of the treaty of 1828 with Prussia, have exclusive jurisdiction in a claim made by the crew against the vessel for the recovery of wages.^ An act' of Congress approved March 23, 1874, authorized the Presi- dent, when he should receive satisfactory information that the Ottoman government, or that of Egypt, had organized new tribunals likely to secure to citizens of the United States the same impartial justice en- joyed under the exercise of judicial functions by diplomatic and consular officers, pursuant to the act of June 22, 1860, to suspend the operation of such act and to accept for citizens of the United States the jurisdic- tion of such new tribunals. The Department of State having been in- formed of the organization of such tribunals in Egypt, the President, upon March 27, 1876, issued a proclamation* suspending, during the pleasure of the President, the operation of the act of June 22, 1860, within the dominions of the government of Egypt, so far as the jurisdiction of the new tribunals embraced matter cognizable by the minister, consuls, or Qther functionaries of the United States in said dominions, except as to cases in progress. The question of the judicial authority of consuls over persons serving on American vessels in China and Japan has been construed as author- izing consular officers to assume jurisdiction where ofi'enses are com- mitted on shore by foreigners serving on board American merchant- vessels, when such foreigners, are citizens or subjects of countries having no treaty engagements upon the subject with China and Japan, or when, being subjects or citizens of. treaty-powers, their own consuls decline to assume jurisdiction.^ Persona servingon board national vessels who have committed offenses on shore in Japan and China are held to be subject to the jurisdiction of the consul of the country under whose flag they are serving.^ • A sentence of imprisonment rendered by a consular court cannot be legally executed beyond the territorial jurisdiction of the court. Per- sons convicted at Smyrna or Constantinople cannot, therefore, be brought to the United States for imprisonment.'' But transfers have been made under conditional pardon. In Janu- ary, 1880, one O'Neil was sentenced to twenty years' imprisonment for manslaughter by the Consular Court for Osaka and Hiogo, Japan. This sentence was commuted by conditional pardon to ten years' imprison- ment, to be served in the United States consular jail at Kanagawa. In January, 1882, the President ordered his transfer to San Quentin, Cali- fornia. Mirzan was convicted of murder at Alexandria, Egypt, and sentenced to be hanged, but his sentence was commuted, July 29, 1880, to imprisonment for life in the United States prison at Smyrna. In August of 1882 the President directed that the prisoner be transferred to Albany, New York, and that the remainder of his sentence be setved out at that place.^ See, also, the case of John Eoss, under title "Ex- territoriality." A consul of the United States in China cannot entertain a criminal charge against a citizen or subject of another power.^ In 1874 the German Government raised objection to the taking of testimony by consuls of the United States in Germany except as pro- [ 1 14 Op. At.-Gen. , 520, Williams. => The El wine Kreplin , 9 Blatchford, 438. HS Stat. at L., 23. ■< 19 Stat, at L., 662. «MS. Dept; of State. ^Ih. ' 14 Op. At.-Gen., 533, Williams. » MS. Department of State, s 1 F. E., 1873, 139.3 NOTES COEEA DENMARK. 1285 vided by article 9 of the treaty of 1871 with the German Empire. , The Department of State endeavored to induce the German authorities to permit testimony to be taken with the same freedom as in the United States, but without effect, it being stated that the law of Germany pro- vided for letters rogatory in such cases.'] COREA. [On the 22d day of May, 1882, a treaty of peace, amity, commerce and navigation was concluded with Oorea. Diplomatic intercourse was opened in the spring of 1883 by the United States appointing an Envoy Extraordinary and Minister Plenipotentiary.^ In the fall of the same year a Minister Plenipotentiary and Envoy Extraordinary' and a Vice Minister from Corea were received by the President.] DEKMAKK. 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.* 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 countrynjen, in which he said : "As I know you are on the point of making a tour to France, I 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. * * Touhavewitnessedthe satisfaction with which we have learned the glorious issue of this war for the United States of America, 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 con- nections of friendship and commerce. Nothing certainly would be more agreeable to us than to learn by your letters tliatyou find the same dis- positions in Mr. Franklin."^ De Walterstorf went to Paris, and made the acquaintance of Frank- lin, and assured him that the King had a strong desire to have a Treaty of Friendship and Commerce with the United States. Franklin in- formed Eobert Livingston of the advances, and suggested that Con- gress should send the necessary powers for entering into the negotia- tions;^ but nothing came of it. Franklin would not go on without a special power,' 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.^ At that time claims were also pending against Denmark, for spolia- tions during the wars of Napoleon. ['F. E., 1874, 46-2; 1 F. K., 1875, 537,562, 573. « F. K., 1883, 243. ' lb., 249.] •'8 Franklin's Works, 407. See also lb., 425, 433, and 462; and see W. B. Lawrence, note 15, in his edition of Wheaton, for a History of this case. ^ 9 Franklin's Works: 487- 488. e lb., 512. 'lb.. 537. »6 F. E. F., 266. 1286 NOTES DENMARK. "The allegations on which the seizure and condemnation of Ameri- can vessels and their cargoes were rnade and attempted to be justified were principally three. 1. The possession of false and simulated pa- pers, by which, it was alleged, an American character was stamped on British property. 2. Sailing under British couToy, whereby, it was al- leged, our vessels lost the immunities of our flag, and subjected them- selves to be treated as British property; and, 3. The possession of French consular certificates of origin after the French consuls were forbidden to give them, except to vessels sailing direct to French ports."^ The reclamations were first made on the 23d of June, 1811, by Ewing, United States Minister at Copenhagen, in a note to de Eosentrantz, Dan- ish 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 i)wing's letters, two vessels were taken and condemned in Norway, and two others were then under trial there ; making in all 28 cases as the subject of Ewing's communication to the Danish Minister of State.^ Subsequent repre- sentations were made trom time to time without reaching a result. Danish courts continued to exercise the objectionable jurisdiction, and to make condemnation. To the complaints of the United States against the long delay in answering, response was made that certain Danish claims on the United States had reniained unsettled since 1799."' The extreme poverty of the Danish government* 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.'^ 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 !d 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 admiralty, 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."' In a paper of marked ability 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 comniission 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 ' Clay to Wheaton, May 31, 1827, H. Doc. 49, Ist Sess. 22d Cong. ^MS. Dept. of State. sForbestoSecretary of State, 20 Uec, 1817. MS. Dept. of State. Ib.,150. nh. "lb., 151. ^ib., 708. « lb., 568. '8 Garden, Trait^s de Pais, 43, " personally insulted by the acts of Mr. Genet." » 1 F. E. F 709 lb., 147. i» lb., 309, 426: 3769 IE— 82 1298 . NOTES — FEANCE. the Ohio and the Mississippi, ■were to fall unexpectedly upon Kew Orleans." ^ The action of the Governmeut and the recall of G-enet put a stop to these expeditions against Spain, although Jefferson at that time thought a war with Spain inevitable.^ In retaliation the Executive Provisory .Council of the French Eepub- lic demanded the recall of Morris.' In communicating the fact to him Secretary Eandolph said: "You have been assailed, however, from another quarter. IsTothing 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. Fauchet 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. Fauchet was answered by me, under the direction of the President, as I am sure your ^pd sense will think inevitable, that the act of reciprocity de- mandea should be. performed."^ 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 aud regard for you, remain undi- minished * * and it will be nothing new to assure you that I am always and very sincerely, yours, affectiouately;'"^ and when his corre- spondence was called for by the Senate, Washington himself, in associa- tion with Hamilton and Eandolph, went over it (and it was voluminous) in order that nothing might be communicated which would put in peiil those who had given hiin information, or which would re-act upon him in FranGe.*^ 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." ' ' 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 Eepublic mer- chant-vessels which are wholly or in part loaded with provisions, being neutral property bound to an enemy's port, or having on board mer- chandise belonging to an enemy.' On the 23d of the same month the vessels of the United States were exenapted from the operation of this decree;' 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 Assenrijly, subjecting vessels laden with provisions to be carried into their ports, and making enemies' goods lawful prize in the vessel of a friend, con- trary to our Treaty, though revoked at one time as to the United States, has been since extended to their vessels also, and has been recently stated to us." " ' 8 Garden , Trait6s de Paix, 42. More detailed account of this aifair will be found in 3 Pitkin's Political History, 379. ^3 Jefferson's Works. 591. n f. E. F., 463. "Ean- dolpli to Morris, April 29, 1794, MS. Dept. of State, ° 1 F. E. F., 409. ^ Eandolph to Morris, April 29, 1794, MS. Dept. of State. U F. E. F., 350, ^Ib., 244. ^Ib. "lb., 141, NOTES — FRANCE. 1299 An embargo was laid upoa vessels in the port'of Bordeaux, "some exceptions in favor of those vessels said to be loaded on account of the republic " being made.^ Morris was promised daily that the embargo should be taken off, and indemnilication be granted for the losses,^ but it was not done, and "a number of Americans," injured by it, com- plained to the Minister.^ The embargo was not removed until the 18th of lifovember, 1794.* Monroe succeeded Morris, and on the 12th of February, 1795, wrote : " Upon my arrival here I found our affairs * * in the worst possible situation. The Treaty between the two Eepublics was violated. Our commerce was harassed in every quarter and in every article, even that of tobacco not excepted. * * Our former Minister wac not only without the confidence of the government, but an object of particular jealousy and distrust. In addition to which it was suspected 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."* 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," but the angry correspondence which preceded his recall' 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 declined." He remained in relations of personal good- will with the different Governments of France, and did not fail to urge in his correspondence with the Secretary of State the policy of settling the differences with Great Britain by an alliance with France : " nor did he conceal those opinions from the Government to which he was accredited.'" 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- tion, except in confidence, and Monroe declined to receive it unless he should be at liberty to communicate it to the French Government." A copy was, however, officially communicated to the French Minister at Washington. 12 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." In lieu of that they lodged with him, on the 11th of March, 1796, a summary exposi- tion of the complaints of the French Government against the Govern- ment of the United States, namely, (1.) That the United States Oourt% took jurisdiction over French Prizes, in violation of the Treaty of 1778. (2.) That British men-of-war were admitted into American ports in 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 ' 1 F. E. F., 401. =Ib., 403. ^Ib., 405. ^b., 689. ^^ lb., 694. «Ib.,741. 'lb., 658- 741. 8£b 675. 9 See among others, his letters in 1 F. E. F. of Nov. 20, 1794, 685; Dec. 2, 1794, 687; Jan. 13, 1795, 691 ; Peb.l2, 1795, 694; and March 17, 1795, 700. '»Ib., 700. "lb., 517, 691, 700. laji, 594. isjb.^rso. 1300 NOTES— FBANCE. "Oassius" Lad been arrested in Philadelphia for an offense committed on the high seas. (5.) That an outrage had been committed on the effects of the French Minister within the waters of tlie 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.i On the 2d of July, 1796, the directory decreed that all nentra^ 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,^ 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.' Garden refers to Eondonneau, E6pertoire g6n6ral de la Legislation frangaise. Vol. II, p. 311, for the text of the second.* Pickering, the successor of Eandolph, noticed the complaints of the French Government in elaborate instructions to Pinckney, Monroe's successor, on the 16th of January, 1797.^ 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 United 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- struction. (4.) The facts respecting the " Cassins " were stated in order to show that no offense had been committed. (5.) That the executive had taken as efflcacious measures as it could to obtain satisfaction for the outrage upon Fauchet. (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 independent arrangement had been made which did not affect the other Treaty arrangement made with France. (7.) That the stipulation as to provisions, without admitting the principle that provisions were contra- band, 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 re- peated and other complaints were urged.' To the latter Pickering re- sponded thus, in the same note in which he noticed the complaints which had been made in Paris : (1.) Charge. — That the negotiation at London had been " enveloped from its origin in the shadow of mystery, and cov- • ered with the veil of dissimulation." ' Beply. — " To whom was our Gov- ernment bound to unveil it ? To Prance or to her Minister ? * Did we stipulate to submit the exercise of our sovereignty * * to the direction of the Government of France ? Let the Treaty itself fur- nish an answer."" (2.) Charge. — That the Government of the United States had made an insidious proclamation of neutrality. Beply. — That " this proclamation received the pointed approbation of Congress," and n F. E. F., 732-3. =Ib., 577. ^ib., 739. "6 Gaxden, Traili^s de Paix, 112, note, n F. E. F., 559. 6 lb., 579. 'lb., 581. « lb., 561. ' NOTES — FRANCE. 1301 "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 neutra.1, 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, Fauchet, 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 France. 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 arrearages and installments mentioned by Mr. Jefferson, had been con- tinually anticipating the subsequent installments until, in the year 1795, the whole of our debt to France was discharged by the payment of 11,500,000 livres, no part of which would have becoine due until Septem- ber 2, 1796, and then only 1,500,000, the residue at subsequent periods, the last not until 1802." (7.) Cha/rge. — 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- tiens 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 Ol the 9th of September, 1796, Charles Cotesworth 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 Eepub- lic are of great extent, and they are waiting the issue of them, through lihe public agents, with much impatience. Mr. Pinckney is particularly" charged to look into this business, iif 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.' 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 fa- mous law of the 10th Brumaire, year 5 (31st October, 1796), whereby ' 1 r. K. F., 753-758. « lb., 742. = lb., 745. 1302 NOTES FRANCE. the importation of manufactured articles, whether of English make or or of English commerce, was prohibited both by land and sea through- out the French Eepublic;'"^ and, on Ms arrival, they informed Monroe that the directory would no longer recognize or receive a Minister Plen- ipotentiary 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."^ Pinckney was thereupon ordered to quit France under circumstances of great indignity,' and Monroe took his formal leave on the 30th De- cember, 1796. In reply to his speech at that time, the president of the 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 ancient tyrants. The French Eepublic expects, however, that the successors 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." * The moment this speech was concluded, the directory, accompanied by the Diplomatic Corps, passed into the audience-hall to receive from an Aide-de-Camp of Bonaparte the four Austrian colors taken at the battle of Areola.^ The Diplomatic Corps may, therefore, be presumed to have witnessed this indignity. A French writer of authority thus characterizes these incidents: "Ainsi ce gouvernement prcltendait que les Etats-unis acc^dassent ^ ses demandes sans examen, sans discussion pr^alable; ^ cet outrage, le gouvernement frangais en ajouta un autre : lorsque M. Monroe prit publiquement cong6 du directoire ex^cutif, Baras, qui en 6tait le pre- sident, lui adressa un discours rempli d'expressions qui durent choquer les Americains."* 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, 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 Americans taking a commission against France should be treated as pirates : and that every American ship should be good prize which 1 6 Garden, Traitfe de Paix, 117. 2 1 F. R. F., 746. '2 lb., 710. nib., 747. 6R6- dacteur. No. 382, Jan. 1, 1797. «6 Garden, Trait^s de pais, 118. " Thus this govern- ment pretended that the United States should accede to its demands without exam- ination, without discussion. To this outrage the French Government added another : While Mr. Monroe took public leave of the Executive Directory, Barras, who was the president, made him a speech full of expressions calculated to shock the Americans." NOTES — FRANCE. 1303 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 Article's.^ 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 Register,' and her ton- nage was to be stated in the same instrument, as the result of our dfScial survey.* Equally cogent laws were made to ensure an accurate crew-list.* 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 document ; and it is equally probable that the French 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 Eepublic besought the United States Minister to represent to his Government " how use- ful 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 dn their flag by the English ; " * and the Spanish 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 ; because it extended the list of contraband ; and because it assumed that Great Britain had the right of navigation of the Mississippi.' 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 more dangerous to our independence and union, and at the same time studiously marked with indignities towards the Government of the United States. It evinces a disposition to separate the people of the United States from the Government; to persuade them that they have diflerent affections, principles, and. interests from those of their fellow- citizens whom they themselves have chosen to manage their common concerns; and thus, to produce divisions fatal to our peace. Such at- tempts 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 be the miserable instruments of foreign influence, and regardless of national honor, char- acter, and interest. * * * " The diplomatic intercourse between the United States and France '2F. R.F., 31. iilSt. at L., 288. = lb. 289. ., 621. 8Ib.,725. 9Ib.,613. i" lb., 624. "lb., 743. '^ Annals 5th Cong., 622. "1 Op. At.-Gen., 84, Lee. " 2 F. E. F., 241. ^^I\).,2A2. i«Ib., 243. "lb., 307. "lb., 306, 18 lb., 313-14. NOTES ^l^RANCE. 1307 the guarantee; but (4) made no provisions for a loan; (5) made' no en- gagements inconsistent with prior treaties ; (6) did not renew the ob- jectionable consular provisions ; and (7) no limitation was set to its ope- ration. When it was submitted to the Senate that body advised its ratiflca- ■ tion, provided the second article concerning indemnities should be ex- punged, and that the convention should be in force foV eight years from the date of the exchange of the ratifications. The French Govern- ment 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.^ On the day following the signature of this Treaty in Paris, (Sept. 30, 1800,) a secret treaty was concluded at St. Ildefonso between Prance and Spain, which came to be of importance to the United States. This was the Treaty by which Louisiana was restored to Prance. In con- sideration of the elevation of the Duke of Parma to the rank of Kin^, and the enlargement of his territory, it was agreed that " Sa Majeste Catholique donnera les ordres necessaires pour que la Prance occupe la Louisiane au moment oil S. A. E. le due de Parme sera mise en posses- sion de ses nouveaux Btats."^ The United States were anxious concerning the effect of this upon their future.' 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 cession. Marbois favored it. Early the next morning he called Marbois to him and said, "Je nonce k la Louisiane. Oe n'est point seulement la Nouvelle-OrMans que je veux c6der; c'est toute, la colonic sans en rien r^server." * The interview took place on the 10th of April;' the decision was made on the morning of the 11th. On the afternoon of the sa'me 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,^ said, "No, we only want New Orleans and the Ploridas.'" 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 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 Prance, and sixty millions were payable in cash to Prance. When it was concluded, Napoleon said : " Cette acessiou de territoire, affermit pour toujours la puissance des Etats- LFnis, et je viens de donner k I'Angleterre un rival maritime, qui tdt ou tard" abaissera seon orgueil."' Between the conclusion of the two Treaties of 1800 and 1803 a corre- spondence arose respecting the construction of the former Treaty.' i2r.E.F.,344. » 8 Garden, Trait^s de paix, 48; S. Doo. 56, 2d Sess. 23d Cong. "His Catholic Majesty will give the necessary orders so that France may occupy Louisiana the moment when His Eoyal Highness the Duke of Parma shall he put in possession of his new State." !> 2 F. E. F., 552. " 8 Garden, Traitfis de paix, 64. " I tenounoe Louisiana. It is not New Orleans only that I wish to cede ; it is all the colony, reserving nothing." ^ 8 Garden, Trait^s de paix, 54. «6 F. E. F.,162, No. 460. ' 2 F. E. F., 552. » 8 Garden, Trait^s de paix, 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." ^ 6 F. E. F., 154-168. 1308 NOTES— FRANCE. Eobert Livingston, the Minister of the United States, complained that the Council of Prizes (which he regarded "as a political board")' was proceeding in violation of the provisions of the Treaty. On the 26fch of January, 1802, he was "almost hopeless" as to the claims.'' His anxiety communicated itself to Madison.^ The French Court next pro- posed to meet the French obligation in paper money,* while the appro- priations on the American side were payable in coin.^ 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."^ Monroe was sent out to aid in the negotiations, with special powers as to New Orleans and the Floridas.' 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.' An explanation, which may account for part of this, may be found in two dates. The peace of Amiens was signed the 25th of Mai'ch, 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 witli individuals of the other should be paid,' 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 millions 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 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 Government of France before the 30th of April, 1803 ; 3. That, if for prizes, it should 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 Eepublic, 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.'" 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." [A bill for the relief of the claimants was passed by Congress, but received the veto of President Polk by his message of August 8, 1846.'^ Again Congress passed a measure of relief which received the veto of President Pierce February 17, 1855." In 1882 the su bject being revived 1 6 F. E. F., 156. 5! lb. 3H,.,X58. ■'rb.,161. nh.,16il. 6ib.,163. 'lb., 166. Hb., 167-168. sArt. 5. w 6 F. E. F., 182-207. " See particularly 5 F. E. F., 314, 3.52, and 6 F. E. F., 3-207, 658, 1121, and S. E. 10, 2d Sess. 41st Cong., and the various authori- ties there cited; also, among others, an elaborate debate in the Senate, 11 Debates, 2d Sess. 23d Cong. [H. K., 445, 25tb Cong, ad Sess.]. [i^Veto messages of the Presi- dents, S. M., 53, 2d Sess. 49th Cong., 191, i^Ib., 235.] NOTES FRANCE. 1309 led to the passage of the act^ approved January 20, 1885, by which the claims were referred for ascertainment as to facts to the Court of Claims. This resulted in the filing of petitions embracing nearly three thousand vessels and involving between five and six thousand cases. Under the act above referred to the Secretary of State sent abroad special agents and the results of their researches have been in obtaining a mass of documents and information of historical interest as well as incalculable value in determining the true merits of the individual cases.*] 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 thtis : (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 I 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. (6.) Ko 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 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,' the French did not regard it as a njatter 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 correspondence between the Envoys in 1800, which shows the estimate which either side put upon all the en- gagements which it was proposed to abrogate.* The course of lifapoleon 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 l^apoleon, will be found in the 3d volume of the Folio Edition of the Foreign Kelatious, those of Great Britain between pages ' 23 St. at L., 283.- ^S. E. Docs. 30 and 102, Ist Sess. 49th Cong.; H, E. Doc. 194, 1st Seas, ^th Cong. ; H. E. Doc. 309, Ist Sess. 50th Cong. ] n F. R. F. , 246. ■• 2 F. R. F. , 335. 1310 NOTES — FRANCE. 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, IsTapoleon 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 Kovember, 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 be considered unlawful, and that all neutral vessels found carry- ing French certificates should be deemed lawful prize. lifapoleon 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 vessels in the ports and harbors of the United States ;" ^ (2) The " act to inte'rdict the commercial intercourse between the United States and Great Britain and' France, and their dependen- cies." ^ An English writer of authority says of the latter statute, "It con- veyed a just and dignified rebuke both to France and England, and it was worthy of the country which has contributed such valuable mate- rials to the edifice of international law.'" 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 citizens.^ France met them by counter claims." 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 vessels of France. The United States replied that the vessels of England enjoyed these additional favors by virtue of a reciprocal agreemejit, and that there was no such reciprocal agreement with France. The French Minister rejoined that the rights of France were absolute under t he Treaty to enjoy the privileges of the most favored nation without au obligation to confer similar privileges on American vessels in the ports of France.^ 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.' Pending these negotiations the Commercial Treaty of 1822 was concluded.' At length it was agreed to determine both questions in the Treaty of July 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 ' 2 St. at L., 451. = lb., 528. 3 Phillimore on International Law, part ix, oh. 10, sec. 168. IS F. E. F., 17. 5Ib.,640. e ib 149-213, 640-674. Ub., 17, 136, 282, 351, 476 ; 6 lb., 384, 613. » 5 lb., 149-21?, NOTES FRANCE. 1311 of certain Frencli claims; the United States were to reduce the duties on French wines ; and Prance in consideration of the latter agreement was to relinquish its claims and reclamations respecting the 8th Article of the Treaty of cession of Louisiana.' The ratiiications 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.^ 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 ^ were proved and allowed against France.* 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 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.* 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: "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."^ After a discussion in the Senate, in which Clay, Webster, Buchanan. Calhoun, Clayton and others took part,' 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."^ The Pres- ident, on the 7th of the following February, transmitted to thes House of Eepresentatives further correspondence from Edward Livingston, then Minister at Paris ;* 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 fulfillment of the Convention shall be refused by the Chambers." i" The next day the Committee on 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, Eobt. P. Letcher, and E. Conlter.ii 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.^^ Livingston left Paris under instructions from the President," and was 1 H. E. Doc. 147, Hd Sess. 22tl Cong. ^ 4 St. at L., 574, which was extended June 19, 1834; lb., 679. See also lb., 778. =5 F. E. F., 598-629 ; G lb., 497-503. " S. E. Doc. 17, Ist Se^s. 23d Cong. ; H. E. Doc. 117, 1st Sess. 24tli Cong. ^h. E. Doc. 2, 2d Sess. 23d Cong., 543. e 11 Debates, part 2, appendix 4, 5. 'lb., 215. » lb., parti, 103,200. ' H. E. Doc. 136, 2d Sess. 23d Cong. '» H. E. Doc. 174, 2d Sess. 23d Cong. " H. E. 133, 2d Sess. 23d.Cong. '^ 11 Debates, part 2, 1633-4 ; for the debate see 1531-1565, 1570- 1634. " Docs, with President's message, 1st Sess. 24th Cong. 1312 NOTES FEANCE. followed by Barton, whom he had left as Oharg6 d'Afifaires.* This caused the withdrawal from Washington of Pageot, the French Minis- ter,^ 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- ences.' 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.* 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.^ The payments of the installments were duly made. Thenceforward diplo- matic relations were resumed, and the last difficulty with France^ arising from the wars of Kapoleon, 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."^ In the spring of 1854 the Mexican Consul at San Francisco being under indictment for an offense against the sovereignty of the United States, the prosecuting officer asked to have theevidence«of the French Consul at Ban 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 m his favor, and it was granted. Therejipon 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 Lhnys. It was terminated in August, 1855, by an agreement that "when a French national ship or squadron shall appear in the harljor 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." ' 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." ' [Mr. Outrey, the French Minister, on, the 21st of March, 1877, wrote as follows to the Secretary of State: "The obscure terms of the English version of the second article of the convention concerning trademarks, which was concluded between France and the United States in 1869, 1 S. E. Doc. 62, l8t SeS8. 24tli Cong., No. 5, p. 10. «Ib., No. 12, p. 15. »H. E. Doe- 103, Ist Sess. 24th Cong. ■'S.E. Doc. 161, 1st Sess.'24th Cong. ' S. E. Doc. 187, lat Sess. 24th Cong. ; also H. E. Doc. 116, same Cong. ^ 1 St. at L., 21. '' Mason to Marcy, No. 65, Aug. 13, 1855, enclosure. MS. Dept. of State, s g. e. Doc. 1, Ist Sess. 34th Cong. NOTES — FRANCE. 1313 have frequently beeu a source of anxiety to the owners of sucli marks in France. The following is the French text: ' Les marques . NOTES — GREAT BRITAIN. 1319 Niagara, Oswego, Oswegatchie, Point au Fer, and Diitohman's Point,' notwithstanding tlie 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,"^ 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. 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 ."^ 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 Secre- tary of State, opened with Hammond, the new Minister, formal nego- tiations to secure the long-delaved performance of the 7th article of the Treaty of 1783.* 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 mod.e of discussing them, or in any subsequent arrangements which may result from that discussion."^ Jefl'erson fnet 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." This drew from Hammond an elab- orate reply on the 5th of March, 1792,' in which ho 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 tiierefore "the measure that the King has adopted (of 4. ■'lb., 188, et seq. 6 lb., 1^9. ^ib., 190-193. 'lb., 193. 1320 NOTES GREAT BRITAIN. Houses of Parliament, when tbe 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 TJnited States, preceded them, and were in no way dependent upon them.'^ More than a year elapsed without a reply, J efferson then, on the 19th of June, 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 thereply. 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.'" Hammond replied that as soon as he should receive in- structions the reply should be transmitted, and added,' "There is 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 ofi&cers to facilitate, as far as may be in their power, any nfegotiations 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."' 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.* 'No answer was ever made. In the autumn of 1793 a new. question of difference arose. The Ad- iniralty instructions to British ships of War and 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.^ 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 Eaadolph, Jefferson's successor as Secretary of State, met this by saying: "We have labored to cultivate with the British nation per- fect harmony. We have not attempted by a revival of maxims which, if ever countenanced, g-re 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 rnatter of sincere regret to learn the intention of your Government to adhere to them, notwithstanding our represen- tations, which utter, as we flatter ourselves, the decent but firm lan- guage of right." '^ 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 'IF. R. p., 201-237. 2Ib.,238. ^ib. -iib. 5Ib.,240. » 11.. ; also 448-454. Ub., 451. NOTES— GREAT BRITAIN. 1321 SO often been the scourge of nations, aijd cannot fail to check the ad- vancing prosperity of the United States, is contemplated, I have thought proper to nominate, and do hereby nominate, John Jay as Envoy Ex- traordinary of the United States to His Britannic Majesty." ' The nomination was confirmed by a vote of 18 to 8. Jay's instruc- tions were dated the 6th of May, 1794.^ He sailed from Sew York on the 12th of the same month.^ 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 1 find no appearance of a line remains, 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 conduct 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 war- riors." * Simultaneously with this three companies of a British regi- ment 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. ^ When com- plaints were made of these hostile acts, the British Minister at Wash- ington justified both as defensible preparations for an actual state of. war about to begin between the two nations, and he retorted by com- plaining 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." ^ President Washington, in transmitting 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, not- withstanding the endeavors making to avert it, may, by circumstances beyond our control, be forced upon us." '' The treaty concludied by Jay on the 19th of November, 1794, re- moved. or suspended these grave causes of diff'ereuce. 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,"^ in viola- tion 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 captured or con- demned. The United States undertook to make compensation 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 captured by vessels originally armed in the ports of the United States, it was agreed that provisions and other articles not generally contraband of war should not be confiscated if seized, but 'that the owners should be fully indemnified; 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 thpm, 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." The reasons which induced the President and his advisers to assent to it are detailed in a letter from Pickering to Monroe of Sep- ' 1 F. R. F., 447. 23 lb., 472. ^ 1 Life of Jay, 314. " 1 F. R. F., 463. ^Ib., 461. "lb., 462. ' lb., 461. 8 Art. 6. n F. R. F., 470-525. 1322 NOTES — GREAT BRITAIN. tember 12, 1795.i This Treaty, was the cause of the long and able de- bates in Congress, which have been referred to in the Introductory Note. On tlie 5th of May, 1796, President Washington submitted to the Senate 2 an explanatory article with the reasons wbich had made' it necessary,* 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,' and by Parliament on the 4th of July, 1797.* 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.^ 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 Eufus King, dated September 4, 1799.'= "A letter received last even- ing," he says, "from Mr. Fitzsimmons, informed me that Mr. Macdon- ald and Mr. Eich, Couimissioners 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 probabilitj'' 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 Relations, pages 382 to 428.' 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 violation of the neutrality of Ameri- can waters, and of the claims of American citizens on G-reat Britian for captures made in violation of international law. Many of the latter were disposed of through a preliminary examination made by Sir Will- iam Scott, who was acting as counsel for the United States, and Dr. Nicholl, one of the British Commissioners.^ Great Britain accepted the results of this examination, and paid the amounts found due. The Commission itself was organized on the 16th of August, 1790, at the house of Dr. Nicholl, in Lincoln's Inn Fields, Mr. Gore and Mr. Pinckney being the American Commissioners, and Mr. NichoU and Mr. Anstey the British Commissioners. Being unable to agree upon a fifth Commissioner, the names of Col. Trumbull, of Connecticut, and of Mr. 1 1 F. R. F., 59G. 2 IV,., 551. 3 y gt. at L., 459. ■• 2 F. R. F., 103. » 1 St. at L., 545. «2 F. R. F., 383. ' See particularly pages 4^4-4.JG. ^-^ F. R. ]■',, 120. NOTES — GREAT BRITAIN. 1323 Swabey, of London, were placed in an urn, and Ooh Trumbull's name was drawn. Mr. Swabey was afterward substituted for Dr. JSTichoU. "Repeated objections to the jurisdiction of tlie Commission having, about the middle of [the following] December, brought the board to a stand ;" Eufus King, then Minister at London, asked of Lord Grenville a conference, which took place on the 10th of December.^ King com- plained that " the Commissioners on the part of His Majesty's Govern- ment had intimated an opinion that it was their duty, in every case in which the King'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." ^ 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 with- draw to prevent the decision of any question not intended to be sub- mitted to them."' Grenville concluded the interview " expressing a wish that Mr. King would have a conference on the subject with the Lord Chancellor."* Lord Loughborough was at that time Lord Chancellor. King had more than one interview with him. In one of them he re- ports, " Upon its being suggested that the same embarrassments might arise in future if, upon every objection to the competency of the Com- missioners, a reference must be made to the respective Governments for their instructions, instead of such questions being decided by the Commissioners themselves, the Chancellor said that the doubt respect- ing the authority of the Commissioners to settle their own jurisdiction was absurd; and that they must necessftrily decide upon a case's being within or without their competency."^ 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 examining and decid- ing every question that should be brought before them according to the conviction of their consciences.^ 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,"' 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,^ after the conclusion of the Convention for settling the diiferences respecting the sixth article of the Treaty of 1794, and were continued until the 24th of February, 1804, when Gore and Piackney announced that the Commissioners had " closed the Commission after having completely fulfilled the objects of their appointment."' At the time when the proceedings were interrupted inl798, the Ameri- can Agent reported to the Secretary of State that "the awards [against ' Mr. King's No. 26, Feb. 20, 1797, MS. Dept. of State. The main difference was re- specting the right to revise decisions bf the British Admiralty Courts. Lord Lough- borough, 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 Reminiscences, cited in Lawrence's Wheaton, note 205.) ^Mr. King's No. 26, Feb. 20, 1797, MS. Dept. of State. 'lb.. ^Ib. nh. "lb. ' Gore aud Pinokney to Pickering, July 25, 1799, MS. Dept. of State. « Minutes of the Commission. MS. Dept. of State 'Gore and Piuokney to Madison, February 21, 1804, MS. Dept. of State. 1324 NOTES- — GREAT BRITAIN. Great Britain] made and completed by the Board of Coiamissioners, 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. HichoU on 39 cases for costs and damages, amounting, with interest to the 5th instant, to £"M,659 7 1, we daily expect will be paid." ^ 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 i)recise amount of British claims on the United States awarded by the Commission. Various letters of the American Com- missioners show awards amounting to $33,590.60 prior to the suspen- sion; 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.^ There were forty-two cases pending at the time of the suspension, on seven only of which were adverse awards afterwards rendered, amounting to $109,833.50. The appropriations for paying these sums will be found in 2 St. at L. 202, 248, 307, and 336. JDuring the latter part of his mission Eufus King, under instructions w'as 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 confirmed, giving to the United States , the French rights under the Treaty of Utrecht.^ The Senate therefore advised that the Treaty should be ratified without the 5th article.* 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 Holland and Auckland were the British Plenipotentiaries.' This Treaty was not sent to the Senate for approyal, because it contained no aban- donment of the claim to impress citizens of the United States.' Presi- dent Jefferson, in a Message to Congress on the 27th of Oct., 1807, said of 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 fw consideration, candidly declaring to the other ne- gotiators, at the same time, that they- were acting against their instruc- tions, and that their Government, therefore, could not be pledged for ratification."' 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 1 Cabot to Pickering 28 July, 1798, MS. Dept. of State. ^ 1 St. at L., 536. » " The northern boundary, 'we Lave reason to believe, was settled between France and Great Britain by commissioners, appointed under the treaty of Utrecht, who sepa- rated the British and French territories, west of the Late of the Woods, by the 49th degree of latitude." Madison to Livingston, 2 F. E. F., 574. See also 3 F. E. F., 90 and 97. See also Monroe's paper, 3 F. E. ]?., 97. Madison may have been mis- taken in bis belief. There is no evidence, either in the French or British archives, of the appointment of a boundary commission under the Treaty of Utrecht ; iiud 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 Brenob. Territories yetremained to bo done." (Mr. Bancroft to Mr. Fish, Sept. 1, 1873, MS. Dept. of State.) * 2 F. E. F., 584-591. s 3 P. E. F., 147. '^ lb., 154. ' 1 P. E. Pr, 70. NOTES — GREAT BRITAIN. 1325 two Governments. The published correspondencerespectingtheBritish 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 Eelations." The Statutes which were enacted during this period, affecting the relations between the United States and Great Britain, will be found in the second volume of the Statutes at Large.^ 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.^ It was received in each Body with closed doors.^ 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 Eelations 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 and 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 now arrived when the United States must 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 States at London was instructed to invite the British Government to enter into a negotiation on all the points on which a collision 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 vas accepted. * Itwasatthistime, 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, 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-establislied principles of the law of nations— principles .which have served for ages as guides, and fixed the boundary between the rights of belligerents and neutrals — were violated.. * The next act of the British Govern- ment 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 Gteat Britain might hot freely trade. * We proceed to bring into view the British order in council of November 11, 1807. * By this order all France and her allies,, and every other country at war with Great Brit- ain, 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 manu- fafcture of the said countries and colonies, and the vessels engaged in it, were subject to capture and condemnation as lawful prize. * The at- tempt to dismember our Union, and overthrow our excellent Constitu- tion, by a secret mission, the object of which was to foment discontent ' Respecting embargoes, pages 451, 4r)3, 473, 490, and 700 ; respecting the interdiction of intercourse with. Great Britain, pages 528, 547, 605, and 651 ; the declaration of war, 755. «! Statesman's Manual, 293. = Ancals, 1st Sess. ISth Cong,, 950 and 1481. 1326 NOTES — GREAT BRITAIN. and excite insurrection against the constituted authorities and laws of the nation, as lately disclosed by the agent employed in it, affords full proof that there is no bound to the hostility of the British Grovernment against the United States. * The dates of British and French aggres- sions 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 Novem- ber 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 sovereignity and independence. * Your Committee recommend an immediate appeal to arms." ' 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.^ The Senate amended it and passed it as amended on the 17th of June.^ On the 18th of June the House informed the Senate that the amendments were concurred in,^ and on the same day the bill was signed by the President and be- came a law.^ 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."^ The communication to Jonathan Eussell, the charg6 d'affaires in Lon- don, to w-hich 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, and 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.'" 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 Quincy 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 joii 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 ot peace."' '3 F. E. p., 567-570. ^Annals 1st Sess. 12tli Coug., 266. 3ib.,298. "lb. 52St.at L., 755. nF. E. F., 81. 'Monroe to Eussell, June 26, 1812, 3 F. E. F., 585. sib., 700. NOTES — GREAT BRITAIN. 1327 On liis way to St. Petersburg, G-allatiu addressed from Gotteiibarg 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- tenburg. * * 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 mast 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 incliue to think it safer to consider an American as an inevitable concomitant of a French war, and to provide for it accord- ingly-'" As Baring said, mediation was declined by Great Britain. 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 Oastlereigh 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 Eussell were added to the Commission, and new instructions in the same spirit were issued to the four commissioners on the 28th of January, 1814^^ Before they reached Gottenburg, Xapoleon 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.^ 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.* 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.^ 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,^ to which pro- posal the Americans acceded.'' 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 'Alexander Baring to Gallatin, July 22, 1813, MS. Dept. of State. ^ 3 F. R. F., 701. 'Bayard to Clay, April 20, 1814, MS. Dept. of State. * Clay to Bayard, May 2, 1814,Ib. ''Bayard and Gallatin to Castlereigh, May 13, 1814, lb. » Bathurst to Gallatm and Bayard, May 16, 1814, lb. ' Bayard and Gallatin to Bathurst, May 17, 1814, lb. 1328 NOTES — GKEAT BEITAIN. whatever modification in the practice of impressment might be obtained the point itself would not be conceded.^ On the 25th of June, 1814, Monroe instructed the Commissioners that if no stipulation could be obtained from th'e British Government, either relinquishing the claim to impress from American vessels, or discontin- uing the practice, they might qoncur 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 .^ On theday following these instructions Monroe received Bayard and Grallatin'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.^ By the 11th of July the American Commissioners had notified the Secretary of State that they were at Ghent. The first confer«nce was held on the 8th of August. The course which the negotiations took may be found detailed in Foreign Eelations, Folio, 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) Eevision 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 ot 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, jusjiifj' this change of our ultimatum. Our right to the fisheries to the full extent of our territory as defined by the Treaty of 1 783 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 event be surrendered."' Under these instructions the Treaty was concluded on the 24th day''of December, 1814. John Quincy Adams was appointed minister at London on the 2Sth of February, 1815. Clay and Gallatin also went there, and negotiations were opened for a Commercial Convention. The ofQcial conferences be- gan on the 18th of May, 1815.^ Napoleon having meanwhile returned from Elba, the American Commissioners endeavored to take advantage of the situation to secure stipulations respecting impressment and a 1 Bayard and Gallatin to Monroe, May 16, 1814, MS. Dont. of State. ^ 3 F. E. F., 703. 3 lb. 704. -IMS. Dept. of State., 64P.e.f.,8. NOTES GREAT BKITAIN. 1329 definition of bloliades.' Tlie 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.^ 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.' 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 Relations, 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 disputedline which Mr. King's treaty aimed to settlein 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 in opinion and made separate reports to their Governments.* 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 ; ' but his award was satisfactory to neither party, and was rejected by both. Negotiations were from time to time resumed, but they proved fruitless 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, 184G, and the messages and correspondence there referred to.^ 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 north westernmost 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.^ 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. ''4F.R.F.,8. =3 St. at L., 377. =4 F. E. F., 202-207. " 5 F. K, F. , 138-9. s&F.R' F., 643. «5 Webster's Works, 78; Appendix to Globe, Xst Sess. 29th Cong. ,524-537, '5 F. K. F., 241-245. 3769 TK 84 1330 NOTES — GREAT BRITAIN. The rights of the United States iu 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 thb Convention of 1818 which relates to the fisheries have been referred to in the Introductory l^ote. The correspondence relating to it will be found -in the 4th volume of the Folio Foreign Eelations, pages 348-407. See, also, the papers submitted to the Senate with the Treaty of 1871, pages" 35-50.1 rpjjg subject has been often discussed in Con- gress. The debate in the Senate in the year 1852 presents a thorough discussion of the merits.^ 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 slaives 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 Eussia, who rendered an award in favor of the United States.^ A joint com- mission was then appointed to ascertain the claimants and the amount of their claims under this award.* Langdon Cheves was the American Commissioner, Gedrge Jackson the British. Their proceedings^ which commenced August 25, 1823, were terminated in December, 1825, 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 accommodation between its component members. Such a spirit has, unfortunately, not been evinced in the course of its proceedings by Mr. Jackson."* The whole question was settled by the two Governments by a Convention on the 13th lyTovember, 1826, providing for the payment of an agreed sum.^ The undetermined boundary-line between the old province of Louisiana and the British- American possessions, the provisions concerning which defeated Eufus King's Treaty of 1803, presented itself again after the peace of 1814.^ 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 Eocky Mountains, and that the territory west of the Eocky 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,' was only then formally restored to them." Negotiations were opened at London in 1823, on the motion of the United States, for settling this boundary, but they came " to a close * without any treaty or other engagement having been concluded." i" The British Plenipotentiaries proposed " the 49th parallel to the point where it strikes the northernmost branch of the Columbia and thence down along the middl-e of the Columbia to the Pacific Ocean." Eush, 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." 'S. Conf. E. Doo. A, Spec. Sess. ^Globe, 1st Sess. 32(1 Cong. ^4 F.R.F., 106-126; correspondence acoompaaying the Convention of 1818. lb., 348. 5 F. R. F., 214. *!> F. R. F., 801. 60 F. E. F., 339 ; see, also, 5 F. E. F., 801. "g F. R. F,, 339-355. '4 F. U. F., 851-864. 8 K„s]j ^q J(,^,^ Quincy Adams, lb., 853. ^ lb., 856. '" 5 l\ R. F., 533. No. 10, "lb., 557. ■ ■ NOTES GREAT BRITAIN. 1331 In 1826 negotiations were resumed on the suggestion of the British Government. Canning inquired of Eufus King, then Minister at London, whether he was provided with instructions for their resumption.^ King, who was about leaving London, answered that he had been awaiting special instructions, and transmitted the correspondence to Washington,^ Olay, then Secretary of 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,^ but the attempt proved fruitless, and the negotiations terminated August 6, 1827, by an indefinite extention of the joint occupation subject to its termination on twelve months' notice by either party.^ 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."^ On the 15th of the following June a Treaty was concluded at Wash- ington, in which it was provided that the 49th parallel should be the boundary "to the middle of the chanYiel which separates the continent from Vancouver's Island, and thence southerly, through' the middle of said channel andof Fuca's Straits, to the Pacific Ocean." The debates in Congress on these subjects will be found in the Globe and Appendix for the 1st Sess. 29th Cong. 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."" What the British Ministry intended, was stated by Sir Eobert Peel in the House of Commons on the 26th of June, 184G. "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 u.s 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.'" It is difiQ- cult to see the difference between these two propositions. Lord Palmer- ston, however, laid claim to run the boundary through the Eosario 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 Eosario 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 ofthe United States.^ In the year 1827 the Commercial Convention of 1815, which had been renewed and extended in 1818, was again renewed. The United States struggled for more liberal agreements and for a more liberal interpre- tation of the existing agreement, but could secure neither.' Ineffectual efforts were also made ou 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.i" No treaty arrangement was come to on this subject until the '6r.E.F.,645. ^MS.Dept. of State. 'See 6 F.E. F., 646-706, for tlie details. «Ib., 641. 69 st_ at L 109-10. »S. Conf., Ex. Doc. A, Spec. Sess. 1871, 79, '87 Hansard, 1051. 85Pap.rel Tr.W. s'4 F.K.F., 869; 5 F. K. F., 1, 12, a3,a24,510; 6F.E.F.,207, 294, 295, 3S8r639. i»4 F. E. F., 740; 5 F. E. F., 69, 77, 90, 140, 315-347, 359, 639, 782. ' See LawrfiTifip.'.q Wlieaton. note 31. for a sketch of these negotiations. 1332 NOTES GEEAT BRITAIN. Treaty of 1842, negotiated by Mr. Webster and Lord Ashburton, which has already been referred to in connection with the northeastern and northern boundaries, and ia the introductory note in coanection with extradition. The United States have also made like ineffectual efforts to secure a treaty for the mutual surrender of fugitive slaves.^ 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 Sess. 27th Cong. The acquisition of California, the easiest approaches to which, at that time, were through the various isthmus passages from Tehuantepec to 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 American 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." ^ This connection was asserted to have been founded on an alleged submission by the Mosquito King to the Gov- ernor of Jamaica. The investigations made under Lawrence's direc- tions enabled 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 Bica;) he pretended to be a king there, and came from the others of his country to beg of the Duke of Alber- marle. Governor 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 Charles I submitted itself to him. The Duke ot J.?ier»iarie did nothing in this matter."^ And from another ptiblication, reprinted in Churchill's Voyages, Lawrence was able to give an account 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 com- mission, 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.''.^ On the day that this despatch was sent from London, the Clayton- Bulwei- Treaty was concluded at Washington, The tentative proposal for it came from the United States.^ It was stated after its conclusion that it was understood that it did not include British Honduras,^ 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.' 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 vi^it and search on the high seas, the construction of the Convention of 1818 relating to the fisheries, the ' Lawrence's Wheaton, ncte 77, page 243. i>S. E. DoC. 27, 2d Sess. 32d Cong., 46. 'lb., 90. "lb., 91-2. sib., 54. «S. E. Doc. 12, 2d Sess. 32d Cong. ? S. E. Poc, 1, 1st Sess. 34th Cong., et seq. NOTES — GREAT BRITAIN. 1333 obligation to restore vessels captured after the period uamed iu the Treaty of Ghent for the cessation of acts of war, &c., &c. These decisions were printed in Senate Ex. Doc. No. 103, 1st. Sess. 34th Cong. 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.^ The later Treaties respecting the slave-trade have already been re- ferred to. Ko 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 Geneva 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 further complaints and of further reclamations. At the close of the war the United States made a formal demand for compensation for the national losses, and for the losses to individuals from these causes, and proposed an arbitration.^ Lord Eussell 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 danger- ous. A maritime nation, whose people occupy themselves in construct- ing ships, and cannon, and arms, might be made responsible for the whole damages of a war in which that nation had taken no part.'" Ee- specting the individual losses, he said that "Her Majesty's Government must ~ * * decline either to make reparation and compensation for the captures made by the Alabama, or to refer the question to any for- eign state."* Subsequently a convention was signed for a reference of these claims to arbitration,^ but it failed to meet the approbation of 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 in-, formed his Government of the rejection of this Treaty with the following comments : " The sum of Mr. Sumner's assertions is that England * * is responsible for, the property destroyed by the Alabama, and other Confederate cruizers, and even for the remote damage to American shipping interests, including the increase of the rate of insurance ; that the Confederates were so much assisted by being able to get arms and ammunition 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."^ IS. Conf. E. Doc. A, Spec. Sess. 1871, 57-74. » S. E. Doc. IX, 1st Sess. 41st Coug. part 1, 290, and part 3, 522. ^Ib., part 3, 561. ■•lb., 563. = See 3 Pap. rel. Tr. "W., 191-194, for a sketch of tho negotiations. «S. E. Doc. 11, 1st Sess. 41st Cong., part 3,784. 1334 NOTES — GREAT BRITAIN. Mr. Fish, when he became Secretary of State, hastened to say to Mr. Motley, the United States Minister at London, that " the President rec cognizes the right of every power, when a civil conflict has arisen within another state, and has attained a sufBcient 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."' 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 sitm 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 St$tes pre- ferred their claims^ with astatementof the grounds on which indemnity was asked. Themain 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. Fish 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 seeia 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 tho, assumption should be "displaced by xiroof to the contrary " presented on behalf of the United States. In the proceedings which followed, the United -States demanded com- pensation for the following classes oflosses and expenditures, so far as they grew out of the acts of the cruizers, viz : 1. "Direct losses growing out 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." 4. " 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."^ 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.^ The United States denied this proposition, and contended that the Tribunal was invested with power to decide the ques- tion of the extent of its jurisdiction.'' The Tribunal, without deciding that question, held that ".these claims do not constitute, upon the prin. 'S. E. Doc. 10,2dSess.41stCong.,4. n Pap.rel. Tr.W., 185. »lb., 425-588. "The opinion of Lord Louglibroagh, already referred to, respecting the power.s of the Com- missioners under tlie 7th Article of Jay's Treaty, -would seem to he couclnsive on this point. See also Lawrence's note on Wheaton, No. 206, p. 680. NOTES — GREAT BRITAIN. 1335 ciples of international law applicable to sucli cases, good foundation for an award of compensation or computation of damages between nations, and should, upon such principles, be wholly excluded from the consid- eration of the Tribunal*, in making its award, even if there were no dis- agreement between the two Governments as to the competency of the Tribunal to decide thereon."^ 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 no't, in the jugdment of the Tribunal, properly distinguishable from the general expenses of the war, carried. on by the United States: The Tribunal 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 indem- nity under this head."^ The Tribunal awarded to the United States the sum of fifteen and one-half millions of dollars in full satisfaction 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 Ministerthat the United States would not consent to refer. Such claims were, however, presented before the Commission by the British 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 anarbitration todetermine whether any further compensation ought to be made. The navigation of the St. Lawrence, concerning which there had been much correspondence,' 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. [Conformable to the joint resolution approved March 3. 1883.* notice was given to the government of Great Britain on the 2d day of July 1883'' of the desire of the United States to terminate the fiehery articles num- bered 18 to 25 inclusive, and article XXX of the treaty of May 8. 1871, upon the expiration of two years after the time of giving such notice. The resolution provided that the act approved March 1. 1873 to'carry into effect the provisions of the treaty, so far as it related to the articles so to be terminated should be and stand repealed and be of no force on and after the time of the expiration of the said two years. The Presi- dent in his proclamation'' of January 31, 1885 stated that the articles in question would terminate July 1, 1885. 14 Pap. rel. Tr. W., 20. ^Ib., 53. »5 F. R. F., 543, 571 ; 6 F. R. F., 757 ; Presi- dent's message, 1870. [< 22 St. at L. 641. ^F. B. 1883. 440. 633 gt. at L. 837.] 1336 NOTES — GREAT BRITAIN. On the 25tli of June 1885 the Secretary of State by direction of the President gave public ^ notice that a temporary diplomatic agreement had been entered into with the government of Great Britain, in rela- tion to the fishing privileges which were granted by the fishing clauses of the treaty of May 8, 1871 whereby the privilege of fishing, which would otherwise have terminated with the treaty clauses on the 1st of July would be continued to be enjoyed by the citizens and subjects of the two countries engaged in fishing operations tliroughout the season of 1885. Pursuant to the award of the Emperor of Germany, dated October 21 1872, upon the boundary question, submitted to him by art 34 of the Treaty^ of Washington, the British forces in joint occupation of the island of San Juan finally withdrew November 25, 1872.' The boundary from the intersection of the 49th parallel of north lati- tude with the middle of the channel which separates the continent from "Vancouver's Island southwardly through the said channel and theFuca Straits, to the Pacific Ocean, was defined by the protocol of March 10 1873.* Certain correspondence thereupon arose as to the rights of British subjects to lands within the limits of the subject of the award. Con- gress by an act approved June 20, 1874^ provided for a commission to reijort upon the possessory rights of British subjects Pursuant to an act"^ of Congress approved March 19, 1872 Archibald' Campbell was appointed commissioner on the part of the United States on the Joint Commission for determining the boundary line between the United States and British Possessions, from the northwest angle of the Lake of the Woods to the Kocky Mountains.'' The work of this commis- sion is now completed. With the award of the emperor of Germany, the fixing of the bound- ary by the protocol of March 1 0, 1873, and the completion of the work of this commission, the boundary between the United States and the British possessions is finally adjusted, except as to the boundary be- 'tween that portion of territory ceded by Russia to the- United States, under the treaty of 1867, and the possessions of Great Britain. On June 18, 1874, the President submitted to the Senate a proiect,^ proposed by the British government, for a convention on the subject of commercial reciprocity between the United States and Canada. This convention, if approved, would have done away with the Fishery Commission provided for by article 22 of the Treaty of Washington. The Senate however declined to advise the negociation of a treaty. The report of liobert S. Hale, the agent and counsel of the United States before the mixed commission of American and British claims, dated Ifovember 30, 1873,° contains a record of the proceedings of the . commissiou,^ with a reference to the cases decided, and to certain of the opinions delivered. The sum of $1,929,819, in gold subject to the de- duction provided for by article 16 of the treaty, was awarded Septem- ber 25, 1873, " for and in fall satisfaction of the several claims on the part of corporations, companies or prival-.e 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 x)eriod between the 13th day of April 1861, and the 9th day of April, 1865, inclusive." The amount awarded was duly paid to the joint' agents of Great L' F. R. 1885 460. ^R. S., Pub. Tr., 36B. ' ^MS. Dept. of State. *R. S., Pub. Tr., 309. 51«St. atL.,129. 617 St. at L., 43. 'P. R., 1872, 199. » MS., Dept. of State. »Pap. rel. to Tr. W. Vol. 6. J NOTES — GREAT BRITAIN. 1337 Britain for the distribution of the award September 21, 1874, the same having been payable within one year from the day of the award.^ Congress by act^ approved June 23, 1874, provided a court for the adjudication and disposition of the amount awarded by the tribunal of arbitration at Geneva. The court was organized July 22, 1874, and was continued by proclamation of the President for the term of six months from the 22d day of July 1875, pursuant to section 8 of the act organizing the court, and was further continued for the term of six months, pursuant to an act approved December 24, 1875, and again continued until January 1, 1877, pursuant to an act approved July 22, 1876. The Court adjourned December 29, 1876 after having passed upon 2,068 cases, in which the amount claimed was about fourteen and one half millions of dollars, not including interest, and awarded the sum of $9,316,120.25 3 After the awards had been paid there yet remained in the Treasury to the credit of the fund the sum of $9,703,904.89 and also the sum of $385,100.07 realized as premium from the sale of certain bonds in which the fund had been invested, making in the aggregate the sum of $10,089,004.96. Congress passed an act which was approved June 5, 1882,* providing for the reestablishing of the Court of Commissioners of Alabama Claims and for the distribution of the unappropriated moneys. The act divided the claims to be considered into two classes. To the first class belonged claims directly resulting from damage done on the high seas by Confederate cruisers during the late rebellion, in- cluding vessels and cargoes attacked on the high seas, although the loss or damage occurred within four miles of the shore. To the sec- ond class belonged claims for the payment of premiums for war risks, whether paid to corporations, agents, or individuals, after the sailing of any Confederate cruiser. The Court was organized July 13, 1882. Its functions were to termi- nate at the end of two years but the act of June 3, 1884, extended the time of its duration until December 31, 1885 at which time the court ad- journed. The Court considered 5770 claims. Of these 1602 belonged to class one and 4168 to that of class two. In class one 1000 were decided in favor of the claimants and in class two 3643 were so decided.] 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 lands which at the time of the treaty remained unsold.^ The treaties with Great Britain of 1783 and 1794 only provide for titles existing at the time those treaties were made, and iy)t for titles subsequently acquired. Actual possession of property is not necessary to give the party the benefit of the treaty ."^ [The setting up by a defendant in ejectment of an outstanding title in d third person, under whom he does not claim, does not make " a case arising under a treaty," of which the Supreme Court has jurisdiction, under the 25th section of the Judiciary Act, 1 Statutes at Large, 85, although the validity of the said title depends upon the eii'ect of the treaty.'' L'F.R. 1874, 570,571. HB St. at L.', 245 ^ g. E. Doc. 21, 2(1 Sess 44tli Cong. ■" 22 St. at L. 96.] '^Higginson v. Mein; 4 Cranch, 415. e Blight's Lessee v. Rochester, 7 Wheaton, 535. L' O wings «. Norwood's Lessee, 5 Crauoh, 344. ] 1338 NOTES — GEE AT BRITAIN. The " interest in lauds by debts," intended to be protected by the 6th article of the treaty of 1783 with Great Britain, must be an interest Iield as security at the time of the treaty.^ Copies of the proceedings of a foreign court of admiralty may be authenticated by the seal of the court and the attestation of the deputy registrar, and the certificate of the judge under his hand and the seal of the court, attesting the seal, and the fact that the person signing is registrar; and the certificate and seal of the secretary .and notary of the island, proving that the person signing as judge, holds that office. Such proof is in conformity with the law, and also with the 19th article of the treaty of 1794 with Great Britain.^] 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.' 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 Charleston 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 pf peace between this country and Great Britain of the 19th of November, 1794. Held, that they were entitled to recover and hold the same.* 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 1794.5 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." 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 peo1)le o^ each State.' 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*for- ['Owinga v. Norwood's Lessee, 5 Craiich, 'Mi. '^Yeatoo v. Fry, 5 Cranob, 335.] ^Blight's Lessee et al. x. Eochest.er, 7 Wbeatoii, 535. •'Shauks ot al. vs. Dupont et al., 3 Peters, 242. ^Ib., 250. ^Ib., 274. 'M'Uvaino v. Coxe's Lessee, 4 Craucli, 209. NOTES — GEE AT BRITAIN. 1339 feited by any intermediate legislative act or other proceeding for the defect of alienage.' . [A debt due to a British subject not being barred by a statute of lim- itations at the commencement of the Eevolutionary war (1775), the treaty of peace of 1783 did not allow the time previous to the war to be added to any time subsequent to the treaty in order to make a bar.''] The treaty of peace of 1783 between the United States and Great Britain was a mere recognition of ure-existing rights as to territory, and no territory was thereby acquired by way of cession from Great Britain.^ 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.^ 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 couid 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.* Debts due in the United States to British subjects before the war of the Revolution, though sequestered or paid into the StatQ, treasuries, revived by the treaty of peace of 1783, and the creditors are entitlefl to recover them from the original debtors.'' 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, 177C, in England, devised the same to the defendant and E. C. 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 Eevolution. 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 Britain of 1794 contains the following provision: "Article IX. It is agreed that Britisb 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 lands and the legal remedies incident thereto, be considered as aliens." The defendant, at the time of the action brought, still continued to be a British subject. Held, that he was entitled to hold the lands so devised to him by G. C. and transferred m him by E. Q.e « 'The Society for Propagating the Gospel, &o., v. New Haven, 8 Wheaton, 464. [^Hopkirk v. Bell, 3 Cranch, 454.] »Hai-courfc et al. v. Gaillard, 12 Wheaton, 523. *Ware v. Hylton, 3 Dallas, 199. * Georgia v. Brailsford, 3 Dallas, 1. ^New York v. Clarke, 3 Wheaton, 1. 1340 NOTES — GREAT BRITAIN. By the treaty of 1783 the United' States succeeded to all the rights that existed in the King of Prance in that part of Canada which now for ms 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-fulfillment of the conditions of the fief.^ Lands granted by the acts of March 3, 1807, in fulfillment of the second article of the treaty of 1794, were not donations.^ The reciprocity treaty of 1854 did not release a forfeiture previously incurred.' There is nothing in the treaties with Great Britain which gives a British merchant resident in a portof the seceded States during the war an immunity from the general principles of public law applicable to resident neutral merchants.* The term "prosecution" in the 6th Article of "Jay's Treaty" "im- ports a suit against another in a criminal cause." ^ The authority of the Commissioners appointed under the 5th Article of that Treaty cannot be executed by a majority of them," but they must all agree in their decisions, which must be signed and sealed by them all. The dnited States are not required by the Treaty of Commerce of 1815 to protect in slaves.' In the discussion attending the Treaty of 1842, Attorney-General Legar^ was requested by the Secretary of State to take part in the dis- cussion, and sent to Lord Ashburton an official memorandum concern- ing the case of the " Creole."^ There is nothing in the Clayton-Bulwer Treaty of April 19 1850 which forbids either party to intervene by alliances, influences, or even arms, in the affairs of Central America." [Under the treaty of 1794 with Great Britain, merchandise carried from any place in British America by the subjects of Great Britain into the northern districts of the United States is subject to the same duties which would be payable by our citizens on the same goods imported from the same place in American ships into the Atlantic ports of tlie United States." This was under the 3rd article. The reference in this article to ton- nage dues is not connected with the provision as to duties on goods and mercJiandise. So much of article 30 of the treaty with Great Britain of May 8, 1871, called the treaty of Washington, as relates to the transportation of merchandise in British vessels, without iiayment of duty, from one port or place within the territory of the United States to another port or place within the same territory, examined and construed." Under the provisions of that article a British vessel may, during a single voyage, ship merchandise at two or more ports of the United States in succession on the river Saint Lawrence, the Great Lakes, and the rivers connecting the same — the merchandise being destined for other ports of the United States, and to be carried part of the way through Canada by land, in bond — and after thus completing her cargo sail to the port or place in Canada where the land-carriage is to begin.** Such vessel may also, after taking a cargo 9f merchandise aboard at a Canadian port, to which the same has been transported from a portof 1 United States v. Eepentigny, 5 Wallace, 211. ^Forsytli v. Reynolds, 15 Howard, SoS. 3 Pine Lninber, 4 Blatchford's Circuit Court Reports. < The Sarah Starr, Blatch- ford's Prize Cases, 69. = 1 Op. At.-Gen., 51, Bradford, ^ib., 66, Lee. 'aOp. At.-Gen., 475, Taney. » 4 Op. At. -Gen., 98. 98 Op. At.-Gen., 436, Gushing. ['"1 Op. At. -Gen., 155, Breckenridge.* >' 14 Op. At.-Gen., 310, Williams. " /6.] NOTES — griJece. 1341 the United States part of the way overland in bond find part of the way by water in the manner above indicated, sail thence to two or more ports of the United States on the above-mentioned waters, in succes- sion, during a single voyage, and deliver at each port whatever part of the cargo is consigned thereto.^ Under article 30 of the treaty of Washington, of May 8, 1871, and article 19 of the regulations made under the tirst-mentioned article to carry its provisions into execution, it is lawful to transport goods by means of British or American vessels from the ports of Chicago and Milwaukee to points in Canada, thence through Canadian territory by rail, and from the termini of the lines of railway by either the British or American vessels to the ijorts of Oswego and Ogdensburg.^ The above-mentioned ports are " ports on the northern frontier of the United States " within the meaning of those regulations. The term " fishery," in the legal parlance of the United States and Great Britain, primarily denotes one of that class of objects of property known as things incorporeal ; and such is its significance as used in ar- ticle 21 of the treaty of May 8, 1871, between those countries. Accordingly the phrase in that article, " produce of the fisheries of the United States, or of the Dominion of Canada, or of Prince Edward Island," covers only the produce of incorporeal things so denominated beleuging to those governments respectively. Canada and Prince Edward Island derive no right under the treaty to import into the United States free of duty fish, etc., caught by their subjects no matter where, nor do the United States derive thereunder a corresponding right against Canada and Prince Edward Island."^ The provisions in article 21 of the treaty of Washington, of May 8, 1871, that " fish oil * * * being the produce of the fisheries' of the United States, or of the Dominion of Canada, or of Prin-ce Edward Isl- and, shall be admitted into each country, respectively, free of duty," does not include cod-liver oil which has been purified and refined for medicinal purposes whether it is put up in barrels or other kind of package. This opinion distinguished between, cod-liver oil as a medicinal preparation and cod-liver oil of commerce not further manufactured than other fish- oils.*] 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.* 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 df an agent or com- missioner to Greece, whenever the President shall deem it expedient to make such appointment." 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.' ril4 Op. At-Gen., 310, Williams. n6 Op. At.-Gen., 42, Devens. ^ 15 Op. At.-Gen., 661, Bevens. ^le Op. At.-Gen., 60], Phillips, Solicitor-Gen'l.] "Aunals 2cl Seas. 17tli Cong., 457. 6 Annals Ist Sess. ISth Coug., 805. 'lb., 843, 847. 1342 NOTES — GUATEMALA— HANOVER. On the 29tli a memorial was presented from citizens of New York, requesting the recognition of the independence of Greece.' On the 31st the President transmitted the desired information to Congress.^ On the 2d of January, 1824, Mr. Poinsett laid before the House a resolution of the General Assembly of Sooth Carolina that that State would hail with pleasure the recognition by the American Government of the In- dependence of Greece.^ ' On the 5th Webster presented a memorial from citizens of Boston.* The debate upon Webster's resolution began upon the 19th of January* and continued until the 2Gth. 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 on Ways and Means to report a bill appropriating $50,000 for provisions for their relief.* The bill was negatived on the 27th.' 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.^ 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.' GUATEMALA. [On the 12th of September, 1873, the minister of foreign affairs of Guatemala addressed a note '" to the minister resident of the United States for the purpose of terminating the treaty of March 3, 1849, in which it was stated that from and after the day on which the Department of State at Washington shall receive the notification of the abrogation of the treaty its existence would terminate. The notification was received November 4. Thereupon, the Secretary of State, in an instruction to Mr. Williamson, dated November 5, 1873, stated that "the competency of that government to give the notice, pursuant to the 33rd article, can- not be questioned. You are right in supposing, however, that the notice must not take effect when received by the government to which it may be addressed, but in a year from that date. In this instance, therefore, the treaty will be regarded as at an end on the fourth of November, 1874." i»] HAliTOVER. 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.'^ This proved tabe a mistake. How these Treaties became abrogated is explained in note^^ Abrogateij Suspended, or Obsolete Treaties." 1 Annals 1st Sess., IStli Cong., 889. 'lb., 914, 2917; 5 P. E. F., 252. = Annals Ist Suss., 18th Cong., 916. ■'lb., 931. 'lb., 1084. « 3 Debates, 577. '1^,654. s6 F. E. F. 636, 637. ^S. E. Doc. 1, 3d Sess. 25th Cong. [i»MS. Dept. of State.] n H. E. Doc. 258, 2d Sess. 25tb Cong. ; H. E. Doc. 60, 1st Sess. 36th Cong. " H. E. Doo. 258, 2d Sess. 25th Cong., 22. NOTE^ — HAWAIIAN I&LANDS. 1343 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 Treatywith the King of the Hawaiian Islands.^ The Hawaiians profess to have observed this as a Treaty,* 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 might by any means acquire power. * * But under the fostering influ- ence, patronage, and care of His Majesty, and that of his predeces- sors, 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 monarchical government has been organized 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 communication between the Western Continent of America and the Eastern Continent of Asia; and such are the prevailing winds on that ocean that all vessels re- quiring repairs or supplies, either of provisions or of water, naturally touch at those islands, whether the vessels sail from Columbia Eiver or the north, or from the far distant ports of Mexico, Central America, or Peru upon the south."' Mr. Webster replied, " The United states have regarded the existing authorities in the Sandwich Islands as a GovernmeiiL suited to the con- dition of the people, iind 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 the nego- tiation of a formal Treaty.'" It was not until 1849 that a Treaty was concluded. Under this treaty it was held by Attorney-General Speed, (June 26, 18C6,) 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.* |A treaty was concluded between the United States and the King of the Hawaiian Islands on the 30th of January, 1875, on the subject of commercial reciprocity. Several amendments were afterwards inserted in the Senate, among which was a proviso, attached to article 4, as to a lease or disposition of any harbor or port in the King's dominions, and a clause was also inserted in article 5, that the convention should not take- effect until legislation to carry it into effect should be obtained from Congress. The treaty thus amended was ratified, exchanged, and proclaimed, and in accordance with the act of August 15, 1876, the President, by his proclamatiou* of the 9th of the following September, declared the treaty to be in operation.] ' H. E. Doc. 35, 3d Sess. 27th Coug. =Ib. nb., 4-5. ilb.O. m Op. At.-Geii.,508. '[19St. atL. 666.] 1344 NOTES HONDUEAS — ITALY, HONDrRAS. Prior to the signature of tbe Clajton-Bulwer Treaty of 1850, Great Britain liad taken possession of Tigre Island, iu the Gulf of Ponseoa. An animated discussion followed.' In the ] 4th 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 i^urpose of holding these guarantees to be in force before the United States had come into the enjoyment of the concessions, Mr. Fish wrote Mr. Baxter, " It has not hitherto been sup- posed that the obligation of the United States to maintain that neu- trality -would become perfect, except upon the completion of that rail- way, as the charge was assumed as a consideration for advantages prom- ised, the realization of which obviously cannot begin so long as the road shall be in an unfinished state.'' 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."' He also instructed Mr. Torbert, the Minister at San Sal- vador to the same effect.* ITALY. 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 Buren iu 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.'" The correspondence "touching the origin, progress, and conclusion" of that convention, and also "all consular and other oflcial correspond- ence in regard to the execution of said treaty," was called for by the Senate and transmitted to that body." " With the Two Sicilies an important political question was adjusted by a Treaty. "On the 1st day of July, 1S09, the Minister for Foreign Affairs of the then Government of Naples, addressed to Frederick Be- gan, esq., then Consul of the United States, an official letter, contq,in- 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 mer- chants of the United States) sent to Naples many valuable vessels and cargoes ; * but scarcely had they reached the destination to which they had been allured, when they were seized, without distinction, as prizes, o r as otherwise forfeited to the Neapolitan Government. * 'H. E. Doc. 75, 1st Sess. Slat Cong.; see, also, Notes " Central dmericaj> ^ V. E-, 187X^577. 3Ib., 581. "lb., 691-602. * Globe, 1st Sess. 2Cth Cojjg., Appen4ix S- «H. . E. Doo. 118, Ist Sess. 39th Cong. fa»»i'i'."i»* NOTES ITALY. 1345 These arbitrary seizures were followed * by summary decrees confls- catiDg, in the name and for the use of the same Government, the whole of the property which had thus been brought within its grasp.''^ In 1816 William Pinkney, the Unitetl States Minister to St. Peters- burg, was sent on a special mission to Naples to make reclamations for these spoliations. He laid the matter before the Neapolitan Grovern- ment, and that government denied its obligation to make reparation. The Marquis di Oircello, Minister for Foreign Affairs, verbally told Pinkney that Monsieur Murat, (as he styled him), " appropriated to his own use whatever of value he could lay his hands upon, and in partic- ular the vessels and merchandise belonging to our citizens,"^ and he officially informed the American Envoy thai the fund received from the confiscation of this property " was always considered as appertain- ing 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 marriage 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 instru- ment of the will of Bonaparte in the confiscation of the Anierican ships."' Q'he rejected claims were from time to time the subject of memorials to Congress.* 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."* 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.'' The act to carry this into effect was passed on the 2d of March, 1833." Before the consolidation of Italy two Treaties of Amity and Com- merce had been concluded between the United Staties and the Two Sici- lies — one in 1845, and one in 1855. 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."^ The Italian Government had already expressed its willingness to include in a Treaty a provision for "the total exemption '4F. R. F., 163. M lb., 161. ^ib., 170-171. *6P.E.F., 614,1005. ^Debates 1st Seas. 22d Cong., Appendix 3. « Debates 1st Sess. 23d Cong., Appendix 3. '4 St. at L.,666. MD. C, 1864, 328. 3769 TE 85 1346 ■ NOTES — JAPAN. of all private property not contraband of war from capture at sea by ships of war in all cases." ^ 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.^ 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 Washirigton, for the surrender of criminals. [The consular convention was terminated September 17, 1878, by virtue of notice given by Italy and the convention of May 8, 1878, took its place.] 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 Eicasoli 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 oflicially 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."^ JAPAIf. [See "Consuls," " Mxierritoriality."^ Mr. Edmund Eoberts, 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."* 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,."^ 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,"^ andthatwhen he should arrive at Canton he would probably receive further instruc- tions. He had wibh him blank letters of credence, and on the 28th of October, 1832, Edward Livingston, Secretary of State, instructed him that the United States had "it in contemj>lation 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.' Again, in 1845, Alexander Everett was empowered to open negotia- tions with the Japanese Government,^ and Commodore Biddle was instructed to " take the utmost care to ascertain if the ports of Japan were accessible." ' The Commodore did go to the bay of Yedo, and ID. C, 1861, 321. 2D. C, 1865, 148-149. ^F. K., 1871, 5. "MS. Dept. of State. ^Ib. "lb. 'S. E. Doc. 59,lstSess.3adCong.,63. 8Ib.,69. ^Ib., 64. NOTES — JAPAN. . 1347 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 various quarters, but have always been received in the same way. In taking this course with regard to you, we only pursue our accustomed policy."^ 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.^ He succeeded in doing so,' and on his return helaid before the President reasons why he thought it to be " a favorable time for entering upon a negotiation with Japan."* The Dutch Government at that time had the monopoly of the foreign trade of Japan.^ 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.'"* 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, but he also received " full power to negotiate and sign a, Treaty of Amity and Commerce between the United States and the Empire of Japan.'" This was in June, 1851. In November, 1852, Commodore Perry was sent out with an increased naval force. " A copy of the gen- 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."^ 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 com- piled by the Eev. Francis L. Hawks, D. D., and printed in quarto form by order of the House. ^ 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 was in conflict with the new Treaty, were revoked. In 1859 it was determined to send a Japanese embassy to the United States ;'" 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."" The circum. 'S.Ex.Doc.59,lstSes8. 32dCoiig.,68. nb.,6. 8Ib.,9-57. ilb., 74. ^Ib., 68. ^Ib., 79. 'lb., 80-61. «S. E. Doc. 34, 2d Seas. 33d Coug. "H. E. Doc. 97, 8d Seas. 33d Cong. » IJ. 5- Poo, 25, Ist l^eaa. Zm Cong. " Ante, 611, 1348 NOTES — JAPAN. stances which 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 convention of October 22, 1864, 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 Jap- anese fortifications which command the Strait of Simonoseki, and also having with him the person of the Mikado, refused to recognize the va- lidity 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 JliJ'etherlands 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 commanding* 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 agree- ment to pay the expenses of the expedition. " The ratification of the treaties by the Mikado, and the firm establish- ment 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, of whatever nature, 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 install- ments ' 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 terms 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. 10^.) 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 bonds of the United States." ^ 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,^ and was manned with a crew of eighteen. persons from the Jamestown, which, with her own crew of forty, made a crew of fifty-eight in all.' The Ta-Kiang had three guns, and received one thirty -pound Parrott gun from the James- town.* The actual cost of the expedition to the United States was $9,^00 for the charter,^ and $1,848 for the coal consumed." [The mode of dividing this money between the four powers to whom it was payable, namely, France, Great Britain, the Netherlands, and the United States, was discussed at Paris in 1865. The French minis- ter for foreign affairs, M. Drouyn de Lhuys, suggested the division should be made according to the proportion which the forces of each 1 S. E. Doc. 58, 2d Sess. 41st Cong., 2; see, also, 3 D. C, 1864. i'lb., 579. =Ib., 584. "lb., 553, 584. 'lb., 579. «Ib., 581; see, also, H. M. Doc. 151. ad Sess. 42d Cong., as to this fund. KOTES — JAPAN. 1349 power iu Japan bore to the aggregate forces of the four, while the United States minister to France, Mr. Bigelow, contended that each power should be considered to have contributed equally by its moral support to the success ot the common cause, irrespective of the material force which each brought into the field, namely, France, 1,225 men ; Great Britain, 5,156 men ; Netherlands, 951 men ; United States, 258 men — and, therefore, that each power should receive an equal share of the indemnity. Her majesty's government willingly concurred in Mr. Bigelow's proposal in order to mark their estimation of the value of united action between all the powers then represented in Japan, and the division of the indemnity in equal shares was accordingly agreed to by the four governments. In June 1863, the Pembroke, a small American steamer, loaded with merchandise, from Yokohama for Nagasaki, and carrying the flag of the United States, attempted to pass through the Strait of Shimonoseki. She was fired upon by the shore batteries, and by an armed brig belong- ing to the Prince of Nagato. She was not struck ; no one was hurt ; and she retraced her way and abandoned the voyage to Nagasaki. Demand was made by the American minister for redress for this insult to the American flag, and, by his direction, Commander McDougal, in the United States steamer Wyoming, proceeded in July to retaliate upon the daimio. He found at Shimonoseki three vessels belonging to the prince, lying at anchor near the shore. He attacked them, and, after a sharp conflict with them and the shore batteries, sank a brig and blew up a steamer, by which some forty persons were said to have been killed. The loss of the Wyoming was five killed and six wounded. A French steamer and a Dutch corvette had also been fired upon at these straits by this rebellious daimio. No English ship was attacked. A claim was at once made by Mr. Pruyn, our minister, for loss of time, freight, etc., sustained by the Pembroke, amounting to ^10,000, which was fully and promptly paid by the Japanese government. It was therefore agreed that compensation for the injuries sustained by French subjects and the damage done to United States and Nether- lands ships at the Straits of Simonoseki prior to the joint operations of the four powers against Ghoshien should be assessed at $140,000 in the case of each of the said three powers, and that the total amount of these special compensations, or $420,000, should form a first charge on the Simonoseki indemnity and be paid ratably out of each installment. That is to say, that the indemnity being payable in six installments of $500,000 each, one-sixth of the sum due for these special compensations, or $70,000, was to be deducted from each installment as it was received from the Japanese government, and was to be divided between France, the Netherlands, and the United States, while the balance of each in- stallment after the above deduction had been made, or $430,000, was to be divided equally between the said three powers and Great Britain. Consequently on each of these three occasions when an installment of the said indemnity was paid by the Japanese government to the representative of the four powers in equal proportions of $125,000 each, the British representative, acting in conformity with the above arrange- ment of the four governments, accepted only $107,500 of the sum thus tendered to him— this being a one-fourth share of $430,000— and handed the amount paid to him in excess, namely, $17,500, to the representa- tives of France, the Netherlands, and the United States, in order that it might be applied to the payment of their special compensations. The Japanese government having paid a portion of the Shimonoseki indemnity under the convention of October 22, 1864, as before men- 1350 NOTES — JAPAN. tioned the subject of relieving that government from the residue was on several occasions presented to Congress. ISo conclusion was reached, however, and, as certain amounts were payable to the United States under the treaty, upon the 20th of April 1874, Mr. Bingham was in- structed'^ that " had the other powers interested refrained from collect- ing their portions, this Government would not have been disposed to press for its portion, notwithstanding the refusal of Congress to act on the subject. . But as the other governments interested have been paid, you will make known to the Japanese government our expectation of being treated in the same manner." After this time Mr. Bingham re- ceived at different times the entire residue due the United States, the final amount having been paid in the month of July, 1874.^ The several instalments received from Japan amounted to $785,000 which netted in bills on London the sum of £170.428. 16s. Ad. Upon the receipt of the different instalments the money was invested in United States bond and the interest on the bonds as it became due was like- wise invested. On the 22d day of I'ebruary 1883 an act ' was approved authorizing the President to pay out of the Treasury to the government of Japan the sum of $785,000.87 and directed that the bonds in which the funds had been invested should be cancelled and destroyed. The act also directed the Secretary of the Treasury to pay the sum of $140,000 to the officers and crew of the United States ship Wyoming for extraordinary, valuable, and specially, meritorious and jjerilous services in the destruction of hostile vessels in the strait of Shimonoseki on the 16th of July 1863,. and to the officers and crew of the steamer Takiang who were detached from the United States ship Jamestown, for similar services on the 4th, 5th, 6th, 7th and 8th of September 1864. At the time of the passage of the act the fund with the accumulated interest and the gain by the increase of the value of bonds and by exchange amounted to the sum of $1,837,823.78, which sum was turned over to the Secretary of the Treasury by the Secretary of State March 16, 1883. In transmitting the money to Japan Secretary Prelinghuysen in his instruction to Minister Bingham under date of March 21, 1883 stated : "In discharging the duty imposed upon you by this instruction, you will take occasion to express to the minister for foreign affairs of Japan the satisfaction which the President feels in being enabled by the action of Congress to carry out the desire long entertained by this Govern- ment to return this money to Japan, and that he does not doubt but that it will be accepted by that Government as an additional evidence, if such were needed, of the friendly interest felt by the Government of the United States in everything that concerns the welfare and progress of the people and Government of that country."* The Minister for Foreign Affairs replied : " It is a source of satisfac- tion to me to be able to assure your excellency in reply, that His Im- perial Majesty's Government regards the spontaneous return of ^he money, which was paid by the Government of Japan to that of the United States, under the convention of October 22, 1864, not only as an additional proof of the friendly disposition of your excellency's Gov- ernment, but as a strong manifestation of that spirit of justice and equity which has always animated the United States in their relations with Japan, and it will, I am convinced, tend to perpetuate and strengthen the mutual confidence and the feeling of cordial good-will and friend- ship which at present happily subsist between the people of our respect- ive countries." ^] [' P. K., 1874, 675. » lb. 694. 3 22 St. at L. 421 "F. K., 1883, 603. ^ib. 606.] NOTES JAPAN. 1351 In 1867 it became necessary to make " arrangements for the 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- cipleofexterritorialitywascarefullypreserved,"as to the Treaty Powers.^ 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 recommended 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- 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 commerce, 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. You 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 mouth-piece to utter their decision, then the extraordinary result 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."^ [The representatives of the United States, Great Britain, France, Hol- land, and Japan signed a convention on June 25, 1866, for the modifi- cation of the tariff of import and export duties contained in the trade regulations annexed to the treaties concluded by those powers in 1858. The tariff fixed by this convention provides for specific in place of ad valorem duties, and is a substitute for the tariffs previously agreed upon between Japan, Prance, Great Britain, Holland aad the United States. This convention went into operation July 1, 1866, the plenipo- tentiaries being of opinion that ratifl.cation by their respective govern- ments was not necessary before the convention should take effect. Eatiflcation was advised by the Senate June 17, 1868. In 1872 an embassy arrived from Japan, and afterward visited Europe, having in view, among other things, the revision of existing treaties. The mission was unsuccessful ; but on July 25, 1878 a commercial conven- tion was concluded with Japan by which it was stipulated that as be- tween the United States and Japan the convention of June 25, 1866 should be annulled and become inoperative, together with the schedules of tariff on imports and exports and the bonded warehouse regulations attached to that convention ; and also that all such provisions of the treaty of 1858 as appertained to the regulations of harbors, customs and taxes, as well as the whole of the trade-regulations, were to cease to operate. In this convention the United States recognized the ex- clusive power and right of the Japanese government to adjust the cus- tomstariff and taxes and to establish regulations appertaining to com- merce. It was provided however that the convention should take effect ' 1 2 D. C, 18G7, 73. » 1 F. R., 1873, 613. 1352 NOTES — LEW CHEW — MADAGASCAR — ^METRIC STANDARD. when Japan had concluded, with all the other treaty powers holding re- lations with Japan, conventions or revisions of existing treaties that should be similar in effect. Japan not having concluded such conven- tions with all the. other treaty powers this convention at present is not in operation. A convention providin g for the reimbursement of expenses incurred for the rescue, clothing', and maintenance of shipwrecked persons was concluded on the 17th of May 1880 and an extradition treaty was signed on the '29th of April 1886.] LAND GRANTS. [See "France," "Great Britain," "Mexico," "Spain."'] LEW CHEW. While Commodore Perry was at Lew Chew in 1854, one of the sailors jia 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.! MADAGASCAR. The conclusion of a Treaty with Madagascar in 1867, conferring exter- ritorial jurisdiction upon the Consul of the United States, made it neces- sary to extend to Madagascar the provisions of the Act of J 860 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.'" METRIC STANDARD. [The United States, in common with a large number of foreign nations,' entered into a convention to establish and maintain at their joint ex- pense, a scientific and permanent international bureau of weights and measures at Paris. This convention is dated May 20, 1875 and was pro- claimed by the President September 27, 1878.J 1 S. E. Doo. 34, 2d Sess. 33d Cong., 174. « 16 St. at L., 183. NOTES MEXICO. 1353 MEXICO. In a commuuication to the Secretary of State, printed in the Folio Edition of the Foreign Eelations,i 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," ^ 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 Governmeut should be requested to direct without delay the Viceroy of Mexico to inforni Iturbide that the Cortes were occupied in projecting a plan of Government for America, and to ijropose a suspension of hostilities until the resolution should be finally made by the Cortes and Execu- tive." => 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 America to be considered as from one province to another, and the in- habitants of the latter to have equal eligibility with those of the former to all public employments."^ 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,* upon which the American Deputies submitted a plan to the Cortes." iro 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 Seiior O'Donoju, Lieut.- General of the Armies of Spain, by which the Independence of New Spain was declared to be recognized.'' As a result; of this, supreme authority, with the title of Highness, was vested in Iturbide,' 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.^ 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 '4J\R. F., 8S6. ''lb., 837. =Ib., 82S. •'lb., tJSS. ^Ib., 830, B. °Ib,, 831,0. 'lb., 841. sib., 843. «Ib., 845-6. "lb., 847. 1354 NOTES — MEXICO. nized by theUnited States as independent nations.'" The action of Con- gress is stated under the title " Colombia." 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 system to any portion of this hemisphere."^ These instructions were afterwards made the subject of some discussion in the House,' 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 France. * Under these cir- cumstances the question was, how is it likely the'Allied Powers will act toward the former Spanish colonies in America? 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."* Poinsett was further instructed to secure, if possible, a Treaty of limits, and a Treaty of Amity and Commerce, on the basis of the re- cently concluded Convention with Colombia.^ 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 Eelations, pages 578-613. This Treaty did not receive the assent of the Senate, except upon conditions which caused it to fail.^ The Treaty of limits of 1828 was then concluded,' 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.' 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 MF.E.F.,850. i'5F.R.F.,909;6Ib.,578. »2 Debates, 1826, 1798-1890. nb., 1807-8, 6 6F. E. F.,.579. 63 Ex. Jour., 570. '6 F. E. F., 946. » S. E. Doc. 415, 1st Sess. 24th Cong. ; S. E. Docs. 20, 84, 160, and 189, 2cl Sess. 24th Cong. ; H. E. Doc. 256, 1st Sees. 24th Cong. ; H. E. Docs. 35, and 105, 2d Sess. 24th Cong. ; H. E. 281, 2d Sesa. 24th Cong. ; H. E, Docs. 40 and 42, 1st Sess. 25th Cong. ; H. E. Does. 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. • NOTES — MEXICO. 1355 1836.' In 1837 they were made the subject of Presidential messages.* A convention was concluded for the adjustment of these claims in 1838, which was not ratified by the Mexican Government; and another con- vention was concluded and ratified by both parties, for the same pur- pose, in April, 1839. The acts of Congress to carry this into effect were approved on the 12th of June, 1840,^ and on the 1st of September, 1841.'' When the Commissioners on each side met together, William L. Marcy was one of the United States Commissioners, a radical difference of opinion on important subjects was found to exist. (1) The American Commissioners regarded the joint body as a judiciall tribunal. The Mexi- can Commissioners regarded it as a diplomatic body.= (2) The Ameri- cans asserted that the claimants had a right to appear personally or by counsel before the Commissioners. The Mexicans denied this, and in- sisted that the proof must come through the government.^ 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.'' This was the cause of much subsequent correspondence.^ Mexico did not keep its engagements under this Treaty, and iu 1843 a new convention respect- ing the payments was made in which it was agreed that another claims convention should be entered into ; but this had not been done when war broke out between the parties, in 1846.^ 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 righttuUy belonging to, the Eepublic of Texas, maybe erected into anew State, to be called the State of Texas,"" 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, and admitted into the Union on an equal footing with the original States in all respects whatever." ^^ > 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 Eepublic of Mexico a state of war exists between that Government and the United States,"^ and on the same day President Polk made proclamation of that fact." 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.i* 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.'"* The proposals were rejected by Mexico, and the Commis- sioner was recalled'on the 6th of October, 1847." He remained, how- ever, in Mexico, notwithstanding the instructions to return, and he suc- ceeded in concluding the Treaty of Guadalupe Hidalgo on the 2d of » S. Doc. 424, Ist Sess. 24th Cong. ^B. E. Doc. 160, 2d Sess. 24th Cong. ; H. E. Doc. 139. lb.. ; see also Reports of the Secretary of State accompanying President's Mes- sage 2d Sess. 25th Cong. ; and S. E. Doc. 14, 2d Sess. 25th Cong. =5 St. at L., a83. *Vo., 452. 6H. E. Doc. 291, 2tt Sess. 27th Cong.; 5. ^ib., 14-15. 'lb., 40-49; H, E. 1096, 2d Sess. 27th Cong. sg. E. Docs. 320 and 411, 2d Sess. 27th Cong. <* h. E. Docs. 144 and 158, 2d Sess. 28th Cong. ; S. E. Doc. 81, 2d Sess. 26th Cong.; S. E. Doc. 151, Ist Sess. 29th Cong. ; H. E. Doc. 133, 1st Sess. 29th Cong. i» 5 St. at L., .797. " 9 St. at L., 108. 12 9 St. at L., 9. '^ lb., 999. For Congressional papers during the war, or descriptive of it, see S. Doc. 337, Ist Sess. 29th Cong. ; H. E. Doc. 196, Ist Sess. 29th Cong. ; S. E. Doc. 1, 2d Sess. 29th Cong. ; S. E. Doc. 107, 2d Sess. 29th Cong. ; S. E. Docs. 20 and 52, Ist Sess. 30th Cong. ; H. E. Docs. 40, 56, and 60, Ist Sess. 30th Cong. , S. E. Doc. 32, Ist Sess. 31st Cong. " S. E. Doc. 20, 1st Sess. 30th Cong. « president's Message. S. E. Doc. 1, 1st Sees. 30th Cong., 7. le ib., 11. 1356 NOTES — ^MEXICO. February, 1848. This was communicated to the Senate on the 23d of February,' 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.' On the 6th of July, 1848, the President communicated the Treaty to Congress, with a message asking legislation to carry it into eifect.^ On the 29th of the same month the act for the payment of the liquidated claims against Mexico passed Congress.* 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,^ and in the following session provision was made for payment in part of the sums due to Mexico under the 12th article." On the 3d of March, 1849, a commission was created to examine the claims upon Mexico, which were to be as- sumed by the United States ; "^ and on the 3d of March, 1851, a loan was authorized for their payment.* One hundred and eighty-two claims were allowed, and seventy were rejected.* In the exchange of the ratifications of the Treaty of Guadalupe Hi- dalgo, certain explanations were embodied in a protocol signed by the Plenipotenitg,ries. These became the subject of a discussion in Con- gress early in 1849 which induced the Mexican Minister at Washing- ton, (who appears to have been the same person who, as plenipoten- tiary, exchanged 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 United States adhered to the protocol. 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 countrymen ; much less, therefore, can he be called upon by the representative of a foreign government for any explanation, con- demnation, defence, or approval of their proceedings. * * The President will be ever ready, in the kindest spirit, to attend to all rep- resentations of the Mexican government, communicated in a form which does not interfere with his own rights or those of Congress."" The annexation of California by the Treaty of Gaadalupe 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 followed by long negotiations.'^ The Commission for running- the boundary-line under the Treaty of 1848 met with difilculties and de- lays,'^ 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 constracted across the Isth; mus of Tehuantepec.'' A Commission was organized for surveying the new line." The United States continued their exertion to acquire greater rights in the Isthmus of Tehuantepec. In 1857 Forsyth, Minister at Mexico, was instructed to endeavor to conclude such a Treaty,'^ and two years later Mr. Cass wrote to Robert McLane, Forsyth's successor, " It is 1 S. E. Doc. 52, -Ist Sess. 30th Cong. = McKennej- v. Sairego, 18 Howard, 235. 'S. E. Doc. 60, Ist Sess. 30fcb Cong, ■•g St. at L., 265. 6 it,._ 301. on,., 348. 'lb., 393. 8Ib.,617. sg. E. Doc. 34, Ist Sess. 32cl Cong. ""H. E. Doc. 5, Ist Sess., 31st Cong., 69-73. " S. E. Doc. 97, 1st Sess. 33d Cong. 123. e. Doc. 34, 1st Sess. 31st Cong. ; H. E. Doc. 112, 1st Sess. 32d Cong.; S. E. Docs. 119, 120, 121, 131, 1st Sess. 32d Cong.; S. K. 345, 1st Sess. 32d Cong. ; S. E. Doc. 56, 2d Sess. 33d Cong. >3 H. E. Doc. 109, Ist Sess. 33d Cong. " S. E. Doc. 57, Ist Sess. :^4th Cong, i" Confidential S. E. Doc. 221, 1st Sess. 36th Cong., 3. NOTES — MEXICO. 1357 hoped you may be able to conclude a convention embracing the cession of Lower Oalifornia, and the transit rights and privileges above referred to. The President would deeply regret to learn that this was impralc- ticable. * There is reason to believe that Lower California may be secured j and this result, I repeat, is regarded by your government as of great importance. Xou will not readily come to the conclusion that it cannot be obtained. But if, after your best efforts have been ex- hausted, 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 re- served for the payment of such claims as may be found due from Mexico to our citizens."^ These negotiations 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.^ 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 under the claims convention was duly organized in Washington, July 31, 1869. Its powers were extended by a convention, concluded April 19, 1871, and a further extension was authorized by a convention concluded Kovember 27, 1872, fits powers were further extended by a convention concluded IS'ovem- ber 20, 1874, for the period of one y€far, which expired January 31, 1876. By article 2 it was provided that a further extension of six months should be allowed the umpire if necessary. The umpire found it necessary to take advantage of this extension. Upon April 29, 1876, another conven- tion was concluded, allowing to the umpire a farther period, that is, until November 20, 1876, to conclude the cases before him. There were presented for the consideration of the commission 1,017 claims' on the part of citizens of the United States against Mexico, ag- gregating, inclusive of damages and interest where they were claimed, $470,126,613.40. Of these claims, 831 were dismissed or disallowed, and in 186 cases awards were made in favor of the respective claimants against the Mexican Eepublic, aggregating $4,125,622i20. There were 998 claims on the part of citizens of Mexico against the U nited States re- ferred to the commission, such claims aggregating, inclusive of damages and interest where claimed, the sum of $86,661,891.15. Of these claims 831 Vere dismissed or disallowed, and awards were made in 167 cases against the United States, aggregating $150,498.41. The balance in favor of citizens of the United States, is therefore, $3,975,125.79. The Mexican government having proposed the reconstruction and re- location of the monuments marking the boundary line established by the treaties of February 2, 1848 and December 3, 1853, a convention having that object in view was concluded July 29, 1882. The preliminary reconnaissance stipulated by the 1st article was com- pleted by an officer of the Engineer Corps who had been designated by the Secretary of War, and his report was communicated to Con- gress.* The 2d article provided that the final commission of resurvey should meet on the frontier within six months* from the date of the exchange 'Confidential S. E. Doc, 221, 1st Sess 36th Cong. 15. ^H. E. Doo. 100, 2d Sess. 37th Cong.; H. E. Docs. 20, 31, .%, 73, 93,137, 1st Sess. 39th Cong.; S. E. Docs. 5, 6. 17, 54, 56, Ist Sess. 39th Cong.; D. C. 1861 to 1866. ['S. E. Doc. 31, 2d Sess., 44th Cong. « S.M.DOC. 96, Ist Sess. 48th Cong.] 1358 NOTES MEXICO. of the ratifications of the convention, which took place March 3, 1883. Congress failing to make the necessary appropriation, it was not pos- sible for the United States to fulfill its part of the engagement in the time stipulated. The President urged Congress to make the necessary provision,' and the sum of one hundred thousand dollars was appro- priated.^ An additional article to the convention of July 29, 1882 was con- cluded December 5, 1885, which extends the time in which to appoint the iinal commission eighteen months. On the 20th of January 1883 a commercial reciprocity convention was concluded. The 8th article as amended provided that the con- vention should not take effect until the laws and regulations that each party should deem necessary to carry it into operation should have been passed by both countries, and twelve months from May 20, 1884 was allowed for that purpose. There being a failure on the part of both governments to pass the necessary legislation, an additional article to the convention was concluded February 25, 1885 which extended the time to May 20, 1886. The time was again extended to May 20, 1887 by the supplementary article of May 14, 1886. This time having ex- pired the convention can be revived only by the negotiation of another instrument. • On the 12th of IJfovember 1884 a convention was concluded which provided that the boundary line described in the conventions of Febru- ary 2, 1848 and December 30, 1853 shall forever be that which follows the center of the normal channel of the Eio Grande and the Colorado river, and that any change wrought by the force of the current, whether by the cutting of a new bed, or when there is more than one channel, by the deepening of another than that which was fixed by the surveys of the international boundary commission in 1852, shall produce no change in the boundary line, but that the line then established shall continue to follow the middle of the original bed, even though this should become wholly dry or be obstructed by deposits. A diplomatic arrangement was entered into with Mexico on the 29th of July 1882 which permitted the regular federal troops of the two republics to cross the boundary line when they should be in close pur- suit of savage Indians. This arrangement was prolonged annually. The last one, however, terminated November 1, 1886. All Mexican grants in colonization, under the decree of 1824 and the regulations of 1828, were made subject to the approval of the Depart- mental assembly. Until such approval, they were not definitively valid. And if not thus approved before the change of jurisdiction, it devolved upon the United States, succeeding under the stipulations of the treaty of cession to the obligations of the former government, to complete what thus remained imperfect.^ The 8th article of the treaty of Guadalupe Hidalgo, stipulating for • protection to the property of Mexican citizens in the territory ceded to the United States, was inapplicable to persons who, before the revo- lution in Texas, had been citizens of Mexico, and who, by that revolution, had been separated from it.* The fact that Mexico declared, through her commissioners who nego- tiated the treaty of Guadalupe Hidalgo, that no grants of land were issued by the Mexican governors of California, after the 13th of May, 1846, does not affect the right of parties who, subsequent to that date, obtained grants from the governors whilst their authority and jurisdic- [1 H. E. Doc. 158, 1st Sees. 48th Cong. ^2i St. at L. 478. » Beard v. Federy, 3 Wal- lElce, 478. ■'McKinney v, Saviego, 18 Howard, 235.] NOTES — Mitchell's map — m6st favoked nation. 1359 tion continued. The authority and jurisdiction of Mexican officers in California are regarded as terminating on the 7th of July, 1846. The political department of the government has designated that day as the period when the conquest of California was completed, and the Mexican officers were displaced; and in this respect the judiciary follows the action of the political department.^ In the execution of its treaty obligations with respect to property claimed under Mexican laws, the government may adopt such modes of procedure as it may deem expedient. It may act by legislation directly upon the claims preferred, or it may provide a special board for their determination, or it may require their submission to the ordinary tri- bunals. It is the sole judge of the propriety of the mode, and having the plenary power of confirmation ic may annex any conditions to the confirmation of a claim resting uj)ou an iinperfect right, which it may choose. It may declare the action of the- special board final; it may make it subject to appeal ; it may require the appeal to go through one or more courts, and it may arrest the action of board or courts at any stage.'' The treaty of Guadalupe Hidalgo did not alter or destroy the rights of the inhabitants in the ceded territory.^] Mexican titles were recognized by the Treaty of 1848, and by the Treaty of 1853. If any comdition was annexed to a grant which was inconsistent with the public policy of the United States, it was annulled by the conquest.* 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. 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 Fundy, 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 The 8th Article of the Convention for the cession of Louisiana pro- vided that after the expiration of twelve years from the date of that Treaty, the ships of Fra'nce should be treated upon the footing of the most favored nations in the ports of the ceded territory. It was contended by France that this was an absolute agreement, ir- respective of the conditions upon which favors were granted to other ~ [1 U S V Yorba, 1 Wallace, 412. See U. S. v. Pico, 23 Howard, 326. = Grisar v. Mc- Dowell, 6 Wallace, 363. sTownaend v. Greeley, 5 Wallace, 326.] ■> U. S- V. Vaoa, 18 Howard, 556. ^ 6 Op. At.-Gen., 148, Gushing. 1 360 NOTES — MUSCAT NATURALIZATION NETHERLANDS. nations, and that, therefore, when a favor should be granted to another nation for a consideration (reciprocal or otherwise) or upon a condi- tion, France was entitled to enjoy the same favor without consideration or condition. This was denied by the United States. The claim was abandoned by France in the Treaty of 1831.i MUSCAT. The Treaty with Muscat was negotiated by the same Edmund Eoberts referred to in the note upon Japan. It was transmitted to Congress with the President's Message at the commencement of the 2d Session of the 25th Congress.* NAT URAIilZATION. [See " Citizenshijp."'i NBTHBELANDS. - On the 23d of September, 1778, the Pensionary of the city of Amster- dam sent word to the American Commissioners in France that he was " empowered by the burgomastiers 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 Eepublic and the aforesaid United States, containing the most extensive reciprocal advantages in relation to the commerce of the subjects of the two Powers.'" 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;"* 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."^ A plan of a treaty had been agreed upon at Aix la Ohapelle on the 4th of the same month between William Lee and M. de Neufville,^ which was transmitted to the Committee of Foreign Affairs of Congress by Lee on the 15th of the next month, (October''.) A copy of this project fell into the hands of the British Government with the papers captured with Laurens. The correspondence of John Adams shows that he was restive under the restraints imposed upon the American Commissioners by France, 'See Notes "France." ^S. Doc. 1, 26. n D. C, 1776-^83, 333. *lh., 332. »Ib., 333. e lb., 589-90. 'lb., 606-624. NOTES NETHERLANDS. 1361 and was impressed with the importance of making independent over- tures to Holland. After a somewhat unpleasant correspondence be- tween him and Mr. de Vergennes, he left Paris for Amsterdam,i in the hope of being able to obtain a loan there. Congress empowered him to negotiate a loan if possible, and sent him credentials as their Envoy, with authority to negotiate a Treaty. The Northern Powers of Europe were at that time engaged, for pur- poses of their own, in the formation of the "armed neutrality," to which the States General were about to accede, at the time when the pro- ject of 1778 fell into British hands.* The British Miuiste^r at the Hague on the 16th of November 1780, presented to the States General a me- morial, in which he said : " His Majesty has had for some time indica- tions without number of the dangerous designs of an unbridled cabal. But the papers of Mr. Laurens, who calls himself a President of a pre- tended Congress, have made a discovery of a conspiracy without exam- ple in the annals of the republic. It appears by these papers that the gentlemen of Amsterdam have commenced a clandestine correspondence with the rebels of America, from the month of August, 1778, and that there were instructions and full powers given by tbem, relative to the conclusion of an indissoluble Treaty of Ami'y with these rebels, subjects of a sovereign to whom the republic is bound by engagements the most strict. The authors of this conspiracy pretend not to deny it; on the contrary they avow it, and endeavor in vain, to justify it. It is in these circumstances that His Majesty, depending on the equity of your High Mightinesses, demands a formal disavowal ibf a conduct so irregular, not less contrary to your engagements, the most isacred, than to the fun- damental laws of the Batavian Constitution. . The King demands also a prompt satisfaction, proportioned to the offense, and an exemplary punishment of the Pensionary, Van Berckel, and of his accomplices, as disturbers of the public peace and violators of the law of nations.'" The States General replied that the subject should be investigated as soon as the laws would permit. John Adams intimated his opinion that this peremptory demand was "adjusted to the state of parties and politics in the Eepublie;" and he added, "be this as it may, * the publication of Mr. Laurens's papers has had a contrary effect from what they expected and intended."* On the receipt of the reply of the States General the British Minister renewed his demand in still more haughty language. He reminded the States General that " the question is concerning a complaint made by an offended Sovereign,"^ and that if they did not punish the offenders, the King would take charge of it himself.^ Before he wrote thus, orders had been dispatched to him from London to leave the Hague. As soon as he received them he lelt Holland; and the year 1781 opened with what was virtually a state of war between the Netherlands and Great Britain. Adams made skillful use of these events. The constitution of the government of the United Provinces made it impossible to move rap- idly. It was necessary to consult each Province before a Treaty could be concluded.'' By the 1st of March, 1781, Adams thought that Pries- land had "taken the provincial resolution to acknowledge the independ- ence of America.'" In the following December the Quarter of Oostergo in that province proposed a connection with the United States.' In February, 1782, Adams writes: "Priesland has at last taken the pro- vincial resolution to acknowledge the independence of which United " '3D C 1776-'83, 221. ''lb., 273. =Ib., 269. "lb., 874. ^3 D. C- 177e-'83, 378, PIb.,279. 7Ib.,257. nh.,321, ^V},,6U. 3769 TP m 1362 NOTES-^NEUTRALS. America is in full possession." ^ On the 19tli of Marcli he communi- cates in detail the action. of the various provinces.^ On Monday, the 22d of April, the States General declare "that the said Mr. Adams is agreieable to their High Mightinesses, and that he shall be acknowl- edged in quality of Minister Plenipotentiary,'" and on the same day he is ofiQcially received by the Stadtholder.* On the following day he makes proposal to negotiate a treaty of amity and commerce,' and in the evening he meets the Diplomatic Corps at a dinner given by the French Minister in his honor. He quaintly informs Eobert Livingston, then Secretary for Foreign Affairs, that there being no etiquette to "hinder a minister from making a good dinner in good company," all were present; and that he was as happy as he should have been if he "had been publicly acknowledged a Minister by every one of them."^ With all this good-will the Treaty moved slowly. In June he writes, " I do not expect this Treaty will be finished and signed in less than three months."' Four months, less one day, passed before it was signed." But meanwhile Adams had been able to bring to a successful termina- tion the other object of his instructions, which he had rightly conject- ured could not be obtained until a Treaty was assured. He had engaged to open " a loan for five millions of guilders," of which he thought it doubtful whether a million and a half would be obtained by the follow- ing Christmas.' The circumstances through which this treaty of 1782, negotiated un- der so great difflculties, ceased to be operative, are related under the Title " Abrogated, suspended, or obsolete Treaties."" NEUTRALS. The United States have embodied in one series of Treaties, provisions respecting the rights of neutrals in time of war ; in other Treaties they have contracted engagements respecting the duties of nedtrals towards belligerents. 1. Bights of Neutrals. The early Treaties of the United. States were framed under the influ- ence of the ideas which prevailed at the time of the " armed neutral- ity." Those Treaties, and many others concluded by us, gave compe- tent authority to doctrines which, though disregarded in the general wars consequent upon the French Eevolution, have since been assented to by many of the great European Powers in treaties between them- selves. (1.) That blockades should not be regarded as effective unless maintained by sufilcient force. (2.) That a vessel approaching a blockaded port in ignorance of the blockade is entitled to warning, and to be allowed to retire after notice, if not carrying contraband or war. (3.) That neutrals should have full liberty of loading, (except in contraband,) in enemy's ports not blockaded. (4.) That free ships make free goods, (5.) That free ships protect the persons of enemies, unless officers or an armed force. A reference to the analytical index, Titles " Neutrals'" and " Neutral Vessels," will show with what countries such treaty stipulations have been made by us. The Treaties of November 10, 1858, with Chili ; of March 28, 1830, '3ri.C.,1776-'83,552. ^b. 562., ajb., 604. nb., 605. 6Ib.,606. «Ib.,607. 'Ih., 617. « lb., 671. 9 lb., 622. 1° See 5, F. K. F., 590-629, and 6 lb., 374 and 384. NOTES NEUTRALS. 1363 with Denmark; of April 30, 1803, and July 4, 1831, with Prance; of November 19, 1794, and May 8, 1871, with Great Britain ; and of Octo- ber 14, 1832, with the Two Sicilies, recognize the duties of belligerents to make compensation to the citizens or subjects of neutrals for losses occasioned by acts done by the belligerent in violation of the principles of international law. For the efforts which have been made by the United States to secure the exemption from capture of property on the high seas, see House Ex. Doc. No. lU, 1st Sess. 33d Cong. For corre- spondence showing the action of certain European Powers, at the open- ing of the Crimean war, with respect to the rights accorded to neutrals and those claimed by belligerents, see House Ex. Doc. l^o. 103, 1st Sess. 33d Cong. 2. Duties of Neutrals. , The Treaty of Amity and Commerce of 1778 with France recognizes the duty of a neutral to protect vessels of a belligerent within its juris- diction.' The analytical index will show withi what other Powers this engagement has been made. The United States attempted to enforce the same obligation against Portugal in the absence of a Treaty. The general duty was recognized, but the liability in the particular case was not maintained.'* In 1794 Jay's Treaty recognized the obligation of a neutral to make compensation to the subjects or citizens of a belligerent who had " sus- tained loss and damage, by reason of the capture of their vessels and merchandise, taken within the limits and jurisdiction of the neutral, and brought into the ports of the same, or taken by vessels originally armed in the ports of the neutral.'" The Treaty of Washington of May 8, 1871, contains thre;p rules re- specting the duties of neutrals in a maritime war. In the Arbitration, which took place at Geneva, the main contentions on each side, and the decisions, so far as any were given, were as fol- lows: I. The United States contended that the three rules were in force be- fore tbe Treaty was made.* Great Britain denied this, both in the Treaty, and in the papers submitted at Geneva.^ In the British Coun- ter Case it was said: "These rules go beyond any definition of neutral duty which, up to that time, had oeen established by the law or general practice of nations."^ The Tribunal did not notice this point; but Mr. Gladstone, in the House of Commons, on the 26th day of May, 1873, said with respect to it : " Were they, as regards us, an ex post facto law I I say they were not. We deemed that they formed part of the inter- national law at the time the claims arose."^ II. The United States contended that the Government of Great Brit- ain, by its indiscreet haste in counselling the Queen's proclamation rec- ognizing the insurgents as belligerents, by its preconcerted joint action with France respecting the declarations of the Congress of Paris, by its refusal to take steps for the amendment of its neutrality laws, by its refraining for so long a time from seizing the rams at Liverpool, by its conduct in the affair of the Trent, and by its approval of the course of its colonial officers at various times— and that the individual members of the Government, by their open and frequent expressions of sympathy with the insurgents, and of desires for their success— had exhibited an unfriendly feeling, which might affect their own course, and could not •Art VI ''See post "Portugal." 'Art. VII: See " Great Sritain." amount of coal than was necessary to enable a vessel to reach the near- est port of its cbuntry constitutes in itself a sufficient grievance to call for an indemnity. As the Lord Chancellor of England said, on the 12th of June, 1871, in the House of Lords, England and the United States equally hold the principle that it is no violation of the law of nations to furnish arms to a belligerent. But if an excessive supply of coal is connected with other circumstances which show that it was used as a veritable res hostilis, then there is an infraction of the second article of the Treaty. * * * Thus, for example, when I see the Florida and the Shenandoah choose for their fields of action, the one the stretch of sea between the Bahama archipelago and Bermuda, to cruise there at its ease, and the other Melbourne and Hobson's Bay, for the purpose, immediately carried out, of going to the Arctic Seas, there to attack the whaling vessels, I cannot but regard the supplies of coal in quantities sufficient for such services infractions of the second rule of Article VI." Mr. Stampfli says of the Sumter : " The permission given to the Sumter to remain and to take in coal at Trinidad does not of itself constitute a sufficient basis for accusing the British authorities of having failed in their duties as neutrals, be- cause the fact cannot be considered by itself, since the Sumter both before and after that time was admitted into the ports of many other States, where it staid and took in coal, * * * so that it cannot be held that the port of Trinidad served as a base of operations." But of the Shenandoah he says: "A supply of coal was not a neces- sary condition of neutral asylum, and in supplying her with so large a quantity of coal, the capacity of the ship for making war was increased just as much as by the recruitment of her crew which took place." The Viscount d'ltajuba, at the thirty-first conference, while signing the de- cision, remarked with regard to the recital concerning the supply of cbals, that he is of the opinion that every government is free to furnish to the belligerents more or less of that article.^ » The manner in which the United States had performed their duties as a neutral was made the subject of extended comment by both sides in these proceedings. The United States were arraigned in the case of Great Britain ;2 in the British Counter Case ;3 in the British argument ;* in Sir Eoundell Palmer's supplemental argument.^ In their Counter Case they met the allegations of Great Britain," and they attached to it a mass of historical documents in support of their denial ;'' and their Counsel discussed the subject at length in the argument.^ [The Attorney-General has held that there is no authority for the issue of letters or documents addressed to representatives of the United States or naval officers to secure a vessel against interference.' It was also held that judicial proceedings should not be instituted nuder the act of April 20, 1818, against gunboats building for Spain to he used against Cuba, Cuba having no acknowledged separate exist- ence as a state.'" U Pap. rel. Tr. W., 11-12. n lb., 238-244. » 2 lb., 234-263. "Sib., 269. ^ib., 405 and 414-422. nib., 433. n,2, lb. "S lb., 28-48. 9 13 Op. At. -Gen., 65. ""lb., 177. 1368 NOTES — NICAKAGUA^OTTOMAN PORTE. Transportation by a vessel from Aspinwall to the coast of Cuba of men, arms, and munitions of war, in aid of an insurrection, has been held not to be of itself a violation of the act of April 20, 1818.'] NICARAGUA. Mcaragua controls one of the apparently feasible interoceanic canal routes. The engagements with Great Britain respecting this will be found referred to under the title " Great Britain." The engagements with Nicaragua are to be found ante, 779-789.^ OTTOMAN POETE. Various attempts were made prior to 1830 to negotiate a Treaty of Amity and Commerce with the Ottoinflu Porte.' These efforts began in 1817, before which time American commerce in Turkish Dominions had been "under the protection of the English Levant Company, for whose protection a consulate duty, averaging one and one-fourth per cent, on the value of cargoes inward and outward, was paid."* On the 12th of September, 1829, full power was conferred upon Commodore Biddle, in command of the Mediterranean squadron,_David Offley, Con- sul at Smyrna, and Charles Kliiud, of Philadelphia, 'jointly and sever- ally, to conclude aTreaty. They were instructed to make a commercial Treaty upon the most favored nation basis,^ and they were referred to previous negotiations by Ofidey, in which he had been instructed to " be careful to provide that the translation shall be correct, and such as will be received on both sides as of the same import." ^ ' Khiud made a great mystery of leaving America. He sailed at night in a packet for Gibraltar, where he joined Biddle, and they proceeded together to Smyrna ; but when Offley came on board in that port he informed them that it " was perfectly well known in Smyrna that they were Commissioners." Bhind expressed his disappointment. It was then agreed that he should go alone to Constantinople and commence the negotiations, while Ms colleagues waited at Smyrna. He proceeded there and pre'- sented his letters of credence. After these ceremonies were over he submitted a draft of a Treaty to the Eeis Effendi,' [which appears to have been in French, in which tongue the negotiation was conducted,] Some days later he was shown the Turkish text of a treaty, and was told by the Eeis Effendi that it was " drawn up in strict conformity with the one which he had submitted," ^ and on the 7th of May the Treaty of 1830 was signed, the Turkish text being signed by the Eeis Effendi, as it had been prepared by him, and the French text being signed hj Rhind after examination and comparing it with the Turkish. A secret and separate article was also signed at the same time, respect- ing the building of ships and purchase of ship-timber in the United States. Rhind then dispatched a special messenger to summon his colleagues to Constantinople. [1 13 Op. At.-Gen., 177, Hoar.] =See also, S. E. Docs. 8 and 115, 1st sess. 33d Cong. ; S. E. Doc. lia, 2d sess. 46tli Cong. ; S. E. Doc. 194, 1st seas. 47th Cong. = H. E. Doc. 259, Treas, Dept., and 303 State Dept,. Ist Sess., 22d Cong. ^ Offley to Van Buren, 7 June, 1830, MS. Dept. of State. H-I. E. Doc. 250. Treas. Dept., Ist Sess. 22d Cong., 69-73. "lb., 65. 'lb,, 89. sib., 93. . NOTES OTTOMAN POETE. 1369 When they arrived, and were made acquainted with the sepalrate arti- cle, they disapproved of the latter ; but rather than lose the Treaty they signed both the Treaty and the separate article in French and informed the Secretary of State of the reasons for their course.^ This caused a great breach between them and Ehind. The Senate approved of the Treaty itself, but rejected the separate article. David Porter was then commissioned as charg6 d'affaires, and was empowered to exchange the ratifications of the Treaty, and to ex- plain the rejection of the separate article. When hearrived in Constan- tinople he was met with complaints at the rejection of the separate article by the Senate. Then he reports that a discussion was had "on the return of the translation made at Washington, instead of the one signed at Constantinople."^ It appears from the archives of the De- partment of State that four translations were sent to America : (1) An English translation from the original Turkish, not verified ; (2) a French translation from the original Turkish verified by Navoni, the American dragoman; (3) another French translation, in black ink, with annota- tions in red ink ; (4) another English translation made from the French. The translation which went before the Senate and was acted on by that body was neither of these. No French version appears to have been transmitted to the Senate with the Turkish text, but a new English ver- sion, which, from internal evidence as well as from the tradition of the Department, may be assumed to have been made in the Department of State, mainly from the French version l^o. 3. Whether this be so or not, it is certain that the French translation signed by Biddle and his col- leagues was not the version which was submitted to the Senate, and which after ratification, was offered in exchange at Constantinople. [There are three English translations of the treaty in the Department of State, each differing slightly from the other, all in the handwriting of two clerks of the oflice. .One is written in a "large bold hand," and the other two are written in a smaller style of chirography and by a dif- ferent clerk. On the 9th of December, 1830, the President sent the treaty to the Senate. In his message transmitting it, which in fact bears the date of the 10th, he says: "The French versions herewith transmitted, and accompanied by copies and English translations of the same, are transcripts of the orig- inal translations from the Turkish, signed by the Commissioners of the United States, and delivered to the Government of the Sublime Porte. The p9,per in Turkish is the original, signed by the Turkish Plenipo- tentiary, and delivered by him to the American Commissioners : of this, a translation into the English language, made at the Department of State, and believed to be correct, is likewise transmitted." The Senate ordered the papers to be printed in confidence.' The confidential document, as printed, consists of the President's message ; a French translation of the treaty and of the Separate and Secret Ar- ticle; and an English translation of the same. The French translation, as printed, conforms to the one verified by Ifavoni. With the message was transmitted to the Senate a copy of the English translation, written in the " large bold hand," and this appears in the confidential document as the English translation. This copy of the English translation was not acted upon by the Senate, but on the 16th of December the original of one of the other two English translations was presented to the Senate, unaccompanied by a comntunication, and printed in confidence.* This 'H. E. Doc. 250, Treas. Dept,, 1st sess. a2d. Cong., 95; also MS. Dept. of State. « Porter's dispatch No. 22, Sept. 26, 1831, MS. Dep. of State. ['8. Conf. Doc. Dec. 9,1630. -"S. Conf. Doc. Dec. 16, 1830.] 1370 NOTES — -OTTOMAN POKTE. was the English translation, which received the consideration of the Senate and met with its approval. It was returned to the President wibh the Turkish text, and this particular paper and the Turkish text forms part of the President's ratification, which bears date of February 2, 1831. It must, therefore, be considered the oiBacial English transla- tion of the treaty, as no other translation, either in the English or French languages, accompanies that instrument, and it received the approval of the Senate. The act of ratification as signed by the Presi- dent is written in the "large bold hand." The President's proclama- tion of the treaty, dated February 4, 1832, is written in the same hand- writing as the English translation which is attached to the ratification of the President.] Porter met the dif&culty by signing a paper in Turkish of which he returns to Washington the following as a translation : "Some bxpres- sions in the French translation- of the Turkish instrument exchanged between the plenipotentiaries of the two contracting parties, and which contains the articles of the Treaty of Commerce, concluded between tlie Sublime Porte and the United States of America, not being perfectly in accordance with the Turkish original, a circumstance purely the effect of translation, and the Government of the United States being satisfied witt the Turkish Treaty, and having accepted it without the reserve of any word ; therefore, on every occasion the above instrument shall be strictly observed, and if, hereafter, any discussion should arise between the contracting parties, the said instrument shall be consulted by me and by my successors to remove doubts."^ This was received at the Department of State on the 5th of Decem- ber, 1831, and there is no evidence that the act was disapproved* An item was inserted in the appropriation bill to enable the President to carry out the provisions of the Treaty. Porter's dispatches were placed at the service of the Committee of Foreign Affairs of the House,^ the subject of the appropriation was discussed in the House,' and the ap- propriation was passed.* No question arose respecting the differences between the versions until 1868, when the Turks claimed jurisdiction over two American citi- zens, arrested and imprisoned by the Turkish authorities in Syria, for alleged offences against the Ottoman government. This claim of juris- diction over American citizens was resisted by E. Joy Morris, the American Minister, who referred to that part of the 4th article of the Treaty of 1830 which provides that " even when they may have com. mitted some offense, 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 offense." The Minister for Foreign Af- fairs replied that the translation was incorrect ;' that the words " they shall be tried by their Minister or Consul, and punished according to their offense," and the words " they are not to be arrested," were not to be found in the Turkish text ; and he cited Porter's declaration in sup? port of his claim that the Turkish text should be accepted as the stand- ard. Morris then, under instructions, secured, through the Russian Ambassador, translations to be made from the Turkish text in Con- stantinople by the first dragoman of the Prussian Legation, by the first and second dragomans*of the Eussian Embassy, and by two former dragomans of the Eussian Embassy, and sent them to the Department of State. In no one of these were found the words objected to by the Minister for Foreign ^ffairs, nor any equivalent. > Porter's No. 22, Sept. 26, 1831, MS. Dept. of State. ^ H. E. Doo. 303, lat Sess. SSd Cong. = 8 Debates, 2186-2198. ^4 St. at L., 513. HOTES OTTOMAN POETE, 1371 Mr. Fish then instructed Morris that the President had " determined to submit the facts to the consideration of the Senate, and await its reso- lution before inaugurating any diplomatic action." This was done.^ [The discussion as to the true meaning of the Turkish text, assuming it to be the accepted standard, has since continued and is still pending. The Turkish Government has controverted the assertion of jurisdiction by the United States Minister and Consuls over Americans charged with crime in Turkey in several cases, notably with regard to the seaman Kelly who in 1877 was tried by the consul at Smyrna on the charge of murdering a native Turk, and acquitted. The Turkish Government ad- heres to the allegation that the words defining jurisdictional rights in the premises which appear in the English version are not to be found in the Turkish text. Meanwhile, the Department of State has accumu- lated a number of additional translations from the Turkish, made by high authority in such matters, without encountering one in which some form does not appear of distinct admission of the intervention of the Minister or Consuls to inflict, administer or apply the punishment due to the crime proven. It is to be observed in this relation that in 1838 a trjBaty was concluded between the Ottoman Porte and Belgium, signed in parallel Turkish and French texts, between which no discrepancy is alleged ; and that the French text of article 4 of that treaty is identical, as to extraterritorial jurisdiction over citizens, with the disputed text of our treaty with Turkey concluded eight ye\rs earlier. The same pro- vision also occurs in a still later treaty between Turkey and Portugal.] In 1855, before question was made of the genuineness of the transla- tion from the original Turkish of the Treaty of 1830, Attorney-General Gushing held that citizens of the United States enjoyed the privilege of exterritoriality in Turkey, Egypt, Tripoli, Tunis, and Morocco,^ And Attorney-General Black held that the Consuls had judicial powers only in criminal cases.' In 1862- a new Treaty of amity and commerce was concluded. Mr. Seward wrote to the negotiator, (K Joy Morris,) " Seeing no cause to question the justice of the expediency of the Treaty you have negoti- ated, I have the President's instructions to submit the same to the Senate for its consideration.* [This treaty, by its 20th article, was to continue for 28 years, count- ing from the day of the exchange of ratifications, subject however to one year's notice of termination to be given by either party at the end of the 14th or 21st year. By the 22d article, a tariff was stipulated for the Ottoman Empire, subject to revision at the end of the seventh, fourteenth, twenty-first, twenty-eighth or any subsequent septennial period, counting from the date of exchange of ratifications, on notice duly given by either party of desire for such revision one year before the close of the current seven years. Aristarchi Bey, the Turkish minister, under date of January 15, 1874, informed the Secretary of State of the desire of his government to ter- minate the treaty, and that the Sublime Porte had resolved to invite the United States to examine the question of a new treaty. The note stated that, although the time fixed for giving notice to terminate the treaty has not yet arrived, the Imperial government had thought proper to give such notice, with a view to giving time to the high contracting par- ties to come to an early understanding. Under date of January 21, 1874, Aristarchi Bey was informed that no objection existed to receiving the notice in advance of the period fixed by the treaty, but called at- 'S.E.Conf. E, 2d Sess. 41st Cong. =7 Op. At .-Gen., 565. ^gOp. At.-Gen., 296. *D. C, 1862, 783. 1372 NOTES OTTOMAN POETE, tention to the fact that by the twenty-second article the second term of the seven years prescribed for its existence would only expire upon the 5th day of June 1876. Timely notice of termination was not in fact given by Turkey before that date, and thus the treaty, and the tariff thereunder, entered upon their third septennial periods. On March 12, 1883, Aarifi Pasha gave notice to the United States Minister, Lewis Wallace, of the desire of Turkey to terminate the Treaty one year from that date. Under the terms of the 20th article, the treaty, its ratification having been exchanged June 5, 1862, would not end its tw.enty-first year until June 5, 1884, and the United States government declined to accept notice of an earlier termination, and suggested a new notice to be given before June 5, 1883. Such notice "was not in fact tendered until after that date, and the treaty entered upon a fourth septennial period. This was contested by the Turkish government, which claimed that its announced intent to terminate the treaty, simultaneously with the acceptance by the United States of its proposal for a tariff revision operated as a sufficient notification. Throughout this discussion, the government of the Porte appears to have confounded the dates at which tariff revision became practicable under article twenty-two of the treaty, and the dates when the treaty itself might be terminable under article twenty. The acceptances (rati- fications) of the tariff were exchanged March 12, 1862, and the tariff" was therefore subject to revision at the end of each seventh year there- after on one year's prior notice. The treaty was terminable at the end of the fifteenth, twenty-second and twenty-ninth years from date of ex- change of ratifications (June 5, 1862) on one years notice given at the expiration of the fourteenth, twenty-first and twenty-eighth years of it? life. The tariff and treaty periods therefore differed by about fifteen months. In his first annual message to Congress President Cleveland said: "The termination of the commercial treaty of 1862 between the United States and Turkey has been songht by that government. While there is question as to the snfflci.ency of the notice of termination given, yet as the commercial rights of our citizens in Turkey copae under the favored nation guarantees of the prior treaty of 1830, and as equal treatment is admitted by the Porte, no inconvenience can result from the assent of this government to the revision of the Ottoman tariff, in which the treaty powers have been invited to join."^ Since June 5, 1884, the Ottoman government has treated the conven- tion of 1862 as no longer operative. Ko result has yet attended the standing invitation of the Turkish gov- ernment to negotiate a new commercial treaty. Meanwhile, the com- merce of the United States enjoys in the Ottoman dominion the most fa- vored treatment. The Supreme Court has held that the treaties concluded between the United States and the Ottoman Empire concede to the United States the same privileges and rights as to exterritorial jurisdiction enjoyed by other Christian nations.^ The Ottoman government having passed a law conceding to foreign- ers the right to hold real estate under certain conditions, Congress, by act of March 23, 1874,' authorized the President to accept such law for citizens of the United States; and a protocol was thereupon signed to that effect. A proclamation was issued by the President October 29 1874.* ['P. E., 18-35, xiv. sDainesei). Hale9l U. S. 13. = 18 St. at L., 23. ■'lb. 850.] NOTES PERSIA PERU. 1373 In 1874, conventions of naturalization and extradition were con- cluded by the minister of the United States at Constantinople. The convention for extradition was duly ratified by the Senate, exchanged, and proclaimed. In the iifth article the word " et " (and) follows the word " commis " (committed) in the French text. In the English text the word " or" is substituted for the word " and," which appears to be a clerical error. The convention of naturalization was amended in the Senate by a change of phraseology in reference to the effect of a two years' residence after naturalization by the naturalized citizen m his original country. The amendments were accepted by the Sublime Porte, with a decla- ration of what it understood to be their intent and significance, and ratifications were exchanged at Constantinople, April 22, 1875. The G-overnment of the United States, however, did not accept the inter- pretation attached to the amendment by the Porte, and Mr. Maynard, then Minister at Constantinople was instructed by Mr Fish, June 5. 1875 that if the Turkish government " should seriously and earnestly object " to construeing the treaty " according to its literal and obvious meaning as amended by the Senate" he was to propose the negotiation of a new treaty. Nothing was however then accomplished in the way of new negotiations, and the naturalization treaty has since remained in suspense for want of due proclamation on both sides. Eecently, negotiations have been set on foot, looking to the accept- ance of the Senate's amendments by the Porte and the promulgation of the treaty.] PERSIA. The Treaty with Persia was negotiated at Constantinople. " On the negotiation * the sum of ten thousand dollars was expended through the Legation in gifts, under the authority of the Department."^ The provisions for carrying into eftect the judicial. parts of it are re- ferred to under the title ""Consuls." [The act of June 6, 1872, subjecting opium, &c., when imported from places west of the Cape of Good Sope, to an additional duty of ten per cent, ad valorem, is not in conflict with the favored nation clause of the treaty with Persia.* ] PERU. [See "Clams."'\ On the 9th of Decemoer, 1862, Mr. Barreda, the Peruvian Minister at Washington, wrote to Mr. Seward— , _ ^ ^. , , ^ . ^ " El infrascripto, ministro residente del Peru, tiene el. honor de mfor- mar & S. E. el secretario de estado de los Estados Unidos, que ha re- cibido ordenes de su gobierno para notificar al de la union que el del Peru en uso de la facultad que le concede el par^grafo primero del ar- 1 E Joy Morris to Mr Seward, Feb. 85. X863 MS. Dopt, of State. [^ Powers v. Comly, 101 U, S., 789.] 1374 NOTES PEEU. ticulo cuarenta del tratado de atnistad, comercio y navegacion, cele- brado en Lima el dia 26 de Julio de 1851, y cuyas ratificaciones faeron canjeadas en Washington el 16 de Julio de 1852, declara: que el referido tratado concluird y terminard enteramente, un ano despues de la fecha de la presente notificacion. " El infrascripto ha recibido tambien 6rdea espresa de su gobierno para manifestar al de S. B. el secretario de estado de los estados Uni- dos, que e^te procedimieuto no envuelve en manera alguna la intencion de interrumpir las cordiales relaciones que eosisten eutre los dbs paises; su objeto es unicamente devolver d estos su plena libertad, bien para declarar subsistente ese tratado,. 6 para negociar otro que sea maS con- veniente & los intereses de ambas naciones."^ Mr. Seward replied on the 15th of the same month, "The under- signed, Secretary of State of the United States, has the honor to ac- knowledge the receipt of the note of Senor P. L, Barreda, Minister Eesi- dent of the Eepublic of Pern, of the 9th instant, in which, pursuant to instructions received from his G-overnment, notice is given of its intention to terminate and conclude the treaty of 26 July, 1851, between the United States and Peru, within one year from the date of this notifica- tion, which is not intended as an indication of any disposition on the part of Peru to interrupt the cordial relations now existing, but merely to leave the two Governments at liberty either to declare the continu- ance of the present Treaty, or to negotiate another more conducive to mutual interests. " The Government of the United States cannot but be gratified that that of Peru has taken this step, in order that it may be free to enter into conventional stipulations of the most liberal character, if it should be found more expedient to frame a new than to continue in force the existing Treaty; he, therefore, contents himself with acknowledging the receipt of this official notification, assuring Mr. Barreda that the Governnaent of the United States will promptly respond to the liberal and enlightened intentions of Peru in the adoption of such measures as may be deemed most productive of those cordial relations which it is equally the interest as it is undoubtedly the object of both to maintain." ^ [Under the treaty of 1851 with Peru, the United States are not bound to pay a consul of the Peruvian government the value of property be- longing to a deceased Peruvian, on whose estate the consul was entitled to administer, which may have been unjustly detained«and administered by a local public administrator.^] 1 " The undersigned, Minister Resident of Pern, has tha honor to inform His Excel- lency the Secretary of State of the United States, that he has received orders from his Government to notify that of the United States, that that of Peru, in use of the authority which the first paragraph of' Article forty of the Treaty of Friendship, Commerce, and Navigation concedes to it, concluded at Lima, ou the 26th day of July, 1851, and the ratifications of which were exchanged at "Washington, on the 16th of July, 1852, declares that the said Treaty shall altogether cease and determine on the expiration of one year from the present notice. v "The undersigned has also received from his Government the express order to mate known to that of His Excellency the Secretary of State of the United States, that this measure does not in any manner involve the intention of interrupting the cordial relations which exist between the two countries, its purpose being to restore to them their full liberty, either to declare this treaty in force, or to negotiate another which may be more advantageous to the interests of both nations." MS. Dept. of State. 2 MS. Dept. of State. [= 9 Op. At.-Gen., 383, Black.] NOTES PORTUGAL. 1375 PORTUGAIj. [See " Commerce."'] The destruction of the American armed brig " General Armstrong" by a British man-of-war, in the harbor of Fayal, in 1814, gave rise to a long-continuing correspondence,^ which resulted, in 1851, in an agree- ment to refer the claims growing out of it to " the arbitrament of a sovereign, potentate, or chief of some nation in amity with both the high contracting parties."^ The President of the French Eepublic (af- terwards ISTapoleon III) was selected as the arbiter. This decision was adverse to the United States.^ [The second article of the treaty between the United States and Por- tugal, made on the 26th of August, 1840, provides as follows: "Vessels of the United States of America arriving, either laden or in ballast, in the ports of the Kingdom of Portugal, and, reciprocally, Portugese ves- sels arriving, either laden or in ballast, in the ports of the United States of America, shall be treated, on their entrance, daring 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-house 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 de- nomination, levied upon vessels of commerce, in the name or to the profit of the government, the local authorities, or any public or private establishment whatsoever." On the 30th of July, 1846, Congress passed an act, which contained the following provision : "Schedule I. (Exempt from daty.) Coffee and tea, when imported direct from the place of their growth or production, in American ves- sels, or in foreign vessels entitled by reciprocal treaties to be exempt from discriminating duties, tonnage, and other charges ; * * *." iH. E. Doc. 53, lat Sess. 32cl Cong. ^ Ante, 896. 'S. E. Doc. 24, 2d Sess. 32d Cong. The following is a translation of the material paits of the decision : "Considering that it is clear, in fact, that the United States were at war with Her Britannic Majesty, and Her Most Faithful Majesty preserving her neutrality, the American brig The General Armstrong, commanded hy Captain Keid, legally provided with letters of marque, and armed for privateering purposes, having sailed from the port of New Yorli, did, on the 26th of September, 1814, cast anchor in the port of Fayal, one of the Azores Islands, constituting part of Her Most Faithful Majesty's domin- ions; "That it is equally clear that, on the evening of the same day, au English squad- ron, commanded by Commodore Lloyd, entered the same port ; "That it is no less certain that, during the following night, regardless of the rights of sovereignty and neutrality of Her Most Faithful Majesty, a bloody encounter took place between the Americans and the English ; and that on the following day, the 27th of September, one of the vessels belonging to the English squadron came to ran^e herself near the American privateer for the purppse of cannonading her ; that this demonstration, accompanied by the act, determined Captain Beid, followed by his crew,' to abandon his vessel, and to destroy hor; " Considering that if it be clear that, on the night of the 26th of September; some English long-boats, commanded by Lieutenant Robert Fausset, of the British navy, approached the American brig The General Armstrong, it is not certain that the men who manned the boats aforesaid were provided with arms and ammunition ; "That it is evident, in fact, from the documents which have been exhibited, that the aforesaid long-boats, having approached the American brig, the crew of the latter, after having hailed them and summoned them to be off, immediately fired upon them, and that some men were killed on board the English boats, and others wounded — some of whom mortally — without any attempt having been made on the part of the crew of the boats to repel at once force by force ; " Considering that the report of the governor of Fayal proves that the American 1376 NOTES — PORTUGAL ' As to the article alone, it was lield that it applied only to vessels of \ the two nations, and not to the cargoes of the vessels. Such was the view taken by both nations. In October, 1841, less than six months after the ratification of the treaty had been proclaimed by the United States, the Queen of Portu- gal promulgated a decree of the general Cortes, imposing a discriminat- ing duty on goods imported in foreign vessels which were not the pro- duction of the country to which such vessels might belong. The United States did the same by the eleventh section of the act of August 30, 1842, two years after the treaty was made, in placing an ad- ditional duty of ten per cent, above the rates of duty fixed in the act, " upon goods, on the importation of which, in American br foreign ves- sels, a specific discrimination between them is not herein made, which shall be imported in ships not of the United States," This legislation was acted upon by both nations without any com- plaint, or suggestion, that it was not in conformity with the treaties. But it was contended that the act of 1846 did what the treaty did not do. There was such a misapprehension for some time. The error arose, the court said, from a misapplication of the act to the treaties which we had with nations abolishing discriminating duties of tonnage and port charges, instead of confining it to our treaties stipulating for that, and containing the additional reciprocity, permitting our vessels and theirs to import into the ports of either, on ijayment of the same duties, the productions of other foreign countries, whether they are shipped from the country in which they are produced, or from any other foreign country. " When the act of July 30, 1846, was passed, we had commercial trea- ties with t wenty-foup nations. Thirteen of them — Eussia, Austria, Prus- sia, Sweden, Denmark, Hanover, Sardinia, the Hanseatic cities, Greece, Venezuela, Brazil, Central America, and Ecuador — ' had acceded to the most liberal and extended basis of maritime and commercial reci- procity.' '' The provisions of these treaties " give to us and to them a direct and indirect carrying trade. * * # captain did not apply to the Portuguese government for protection until blood had already been shed, and, when the fire had ceased, the brig General Armatrong came to anchor under the castle at a distance of a stdne's-throw ; that the said governor states that it was only then that he was informed of what was passing in the port ; that he did, on several occasions, interpose with Commodore Lloyd, with a view of obtaining a cessation of hostilities, and to complain of the violation of a neutral ter- ritory ; " That he eflfeotively prevented some American sailors, who were on land, from em- barking on board the American brig for the purpose of prolonging a conflict which was contrary to the law of nations; " That the weakness of the garrison of the island, and the" constant dismantling of the forts, by the removal of the guns which guarded them, rendered all armed inter- vention on his part impossible ; " Considering, iu this state of things, that Captain Eeid, not having applied from the beginning for the intervention of the neutral sovereign, and having had recourse to arms in order to repel an unjust aggression of which he pretended to be the object,, has thus failed to respect the neutrality of the territory of the foreign sovereign, -and released that sovereign of the obligation iu which he was, to afford nim protection by aiuy other means than that of a pacific intervention ; " From which it follows that the government of Her Most Faithful Majesty cannot be held responsible for the results of the collision which took place in contempt of her rights of sovereignty, in violation of the neutrality of her territory, and without the local officers or lieutenants having been required in proper time, and enabled to grant aid and protection to those having a right to the same ; " Therefore we have decided, and we declare, that the claim presented by the Gov- ernment of the United States against Her Most Faithful Majesty has no fonndation, and that no indemnity is due by Portugal in consequence of the loss of the Ameiicon brig The General Armstrong, arihed for privateering purposes," NOTES — PEOCLAMATION — PEUSSIA. 1377 "Between the treaties of which we have been just speaking and our treaty with Portugal there is nothing in common, except the provis- ion in the latter abolishing discriminating duties of tonnage and all other port charges upon vessels. In the negotiation of our treaty with her, our Charg6 d' Affaires, Mr, Kavanagh, was instructed to offer and to ask for the same enlarged intercourse which we had with these nations. But Portugal preferred to keep the direct trade, placing her- self with those nations which had denied to us the indirect trade, or the transportation of foreign produce in our vessels from the place of its growth to their ports." i] PBOCLAMATIOlvr. [The Supreme Court held that a proclamation took effect when it was signed by the President and sealed with the seal of the United States, officially attested, and that its publication in the newspapers was not requisite to make it operative.^] PRUSSIA. Overtures for a Treaty of Commerce and Navigation were made to John Adams by M. de Thulemeier, Prussian Envoy to the Hague, on the 18th of February, 1784.' Adams replied that he "could do nothing but in concurrence with Mr. Franklin and Mr. Jay, who were at Paris, but that he thought he could answer for the good disposition of those gentlemen, as well as of his own." * Franklin and Jay concurred in de- siring to negotiate such an instrument, and Adams proposed to Thule- meier that the then recently negotiated Treaty with Sweden should be taken as the model of the proposed instrument. Thulemeier adopted the suggestion, and in the following April sent Adams a proj6t based upon it, which Adams transmitted to the President of Congress.' On the 7th of the following June, Adams transmitted to the President of Congress an account of the negotiations, with his observations upon the Prussian proj6t.^ On the 3d of that month, however, Adams, Franklin, and Jefferson had been invested by Congress with a general power to conclude Treaties of Amity and Commerce with various Pow- ers in EurQpe, among others with Prussia; ' and. they notified Thule- meier that they were ready " to consider and complete the plan of a Treaty " which he had already transmitted.^ Thulemeier communicated this to his Government, and received a "full power to conclude a Treaty of Commerce and Friendship between Prussia and the United States."* The negotiations were conducted with great rapidity, under the circumstances."" Franklin left Passy on the 12th of July, 1785, for America. ii The French text of the Treaty at the time of his signature had not reached Paris, and he signed only the English text.*^ The French draught reached Paris several da;ys later, and was copied, by Jefferson's directions, into the instruments [} Oldfield V. Marriott, 10 Howard, 146. ^ Lapeyre v United States, 17 Wallace, 191.1 3 1 D. C, 1783-9, 435. ■'lb. nb., 442, et seq. ^ib., 458, et seq. 'lb., 501. » lb., 505. 9 lb., 519. 1° lb., 554-561, 578-582, and 593. " 10 Franljlin's Works, 213, '^ 1 Jefierson's Works, 359. 3769 TR 87 1378 NOTES — PRUSSIA. which Franklin had signed. Then Jefferson signed the documents, and Short took them to Adams, in London, for his signature.' Short then went to the Hague to secure Thulemeier's signature to the Treaty, and its exchange.'' 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 Berlin, which his father, the President, communicated to Congress on the 22d of November, 1800.' This also expired in ten years from the exchange of ratifications, in the midst of the wars of Napoleon. In 1828 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 in 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 States. * * 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." * 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 subject before Congress, and to recommend such legislation as may be necessary to give effect to these Treaty obligations." ^ No such act was passed until June 11, 1868.^ It was held bj' Attorney-General 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.'' 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 recriprocity.' 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."^ Before the formation of the North German Union," questions were arising with Prussia, respecting the compulsory enlistment in the Prussian army of persons who had become naturalized as citizens of the United States." These questions were intended to be set at rest by the Treaty of Naturalization with the North German Union.'* 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 ^ 1 Jeflferson'a Works, 365-366. = 1 D. C. , 1783-'89, 597. H F. E. P., 54. * 8 Op. At.- Gen., 417. ^ h. E. Doo. 2, 1st Sess. 29th Cong., 15. " 13 St. at L., 121. ' 12 Op. At.- Gen. , 463. « F. E. , 1870, 217. « lb. '» S. E. Doo. 9, 2d Sess. 40th Cong. " S. E. Doc. 38, 1st Sess. sett Cong, ■ President's message May 2, 1860. '=> Ante, 790. NOTES RUSSIA. 1379 bound to acknowledge as American citizens can not be held to military duty in North Germany. That is the main purpose of the Treaty. Whosoever emigrates bonafide with the purpose of residing permanently iu America shall meet with no obstacle on our part to his becoming an American citizen, and his iona 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."' [Where the detention of a vessel in the. port of New Orleans was caused by her resistance to the orders of the properly constituted au- thorities whom she was bound to obey, she preferring such detention to a clearance upon the conditions imposed. Held, that her owner, a subject of Prussia, was. not entitled to any damages against the United States, under the law of nations or the treaty of 1828 with that power.^ Article 10 of the same treaty gives exclusive jurisdiction to the com- petent consular officers of contests as to wages between the vessel and the crew. Where the court entertained a suit the decree was reversed.^ The provisions of the Prussian treaty of May 1, 1828, for the arrest and imprisonment of deserters from public ships and merchant vessels of the respective countries, applies to public vessels sailing under the flag of the North German Union and deserters from such vessels.*] 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 Eelations, pages 432 to 471. liussia, Great Britain, and the United States were each claimants of an indefinite coast line 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 Coast, 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.^ * 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."'^ The negotiations under these instructions were delayed under the 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.' 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."' In less than two months from the beginning of the negotiations the Convention was signed. I S E Doc 51, 2d Sesa. 40th Cong. [} U. S. v. Dickelinau, 92 U. S., 5a0. = The Elwine Kreplin, 9 Blatcliford, 438; see also Exparte Newman, 14 Wallace, lb%. "l? Pp. At.-Gen. 463, Eysrt?.] '5 F. K, F., 436, PJb.,446. ab.,458, fib, 1380 NOTES — SALVADOR — SI AM. • The fourth article of this Treaty was to reraaia in force for ten years. At the expiration of that time the Eussian Minister at Washington gave notice to the Secretary of State that American sea-captains were infringing upon what Russia 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 invite the Government of the United States to take the most suitable measures with regard to it.''^ 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 sayingthatit was "impossible for the Imperial G-overnmeut 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 cnltivate with the Government of the Union." ^ 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,^ The steps taken in the actual transfer of the ceded territory are set forth in the President's Message of January 27, 1868.* A copy of the Treaty of cession, and of the correspondence re- lating to it, and other correspondence, with "information in relation to Russian America," including Mr. Sumner's speech, was communicated to the House on the 17th of February, 1868.^ The subject of the appropriation to carry out this Treaty was dis- cussed at length in the House.'' The Chairman of the Committee on Foreign Affairs reported in favor of it.' The act was at last passed on the 27th of July.= SALVADOR. [In the fourth article of the extradition treaty of 1870, the conjunction "o" (or) appears in the Spanish text, after the word " asilo" (asylum). The non-appearance of the corresponding word in the English text appears to be a clerical omission. In the fifteenth article of the treaty of amity commerce, and consular privileges of 1870, the words " d otro lugar perteneciente 4 un enemigo," follow the words " un enemigo " (an enemy) in the Spanish text. The absence from the English text of these words, being in translation "to another place belonging to an enemy," appears to be a clerical omis- sion.] SIAM. The first Treaty with Siam was concluded by Edmund Roberts, al- ready alluded to, who, on the 27th of January, 1832, was made the Agent of the President " for the purpose of examining, in the Indian Ocean, the means of extending the commerce of theUnited States by commer- 'S. E. Doc. 1, 3(1 Seas. 25th Cong., 25-26. !>Ib., 70. =8. E. Doc. 17, let Sess. 40th Cong. ' H. E. Doc. 125, 2(1 Sobs. 40th Cong. i>H. E. Doc.,177,2d.Ses8. 40th Cong. ; see also part 2 same doc. « Globe, 2d Sess. 40th Cong, 'H.E. 37, 2d Sess. 40th Cong. "!& St, L., 198. NOTES — SPAIN. 1381 cial arrangements with the Powers whose dominions border on those seas."i The second Treaty was communicated to' Congress by President Bu- chanan on the 10th of December, 1858, with the recommendation of " an act for carrying into effect the provisions of Article II."* A gen- eral law for the purpose was passed in 1860.^ [An agreement regulating the traffic in spirituous liquors in Siam was signed May 14. 1884. The sixth article provides that the agree- ment shall come into operation on a date to be fixed by mutual consent. This time has not yet- been agreed upon- and consequently the agree- ment is not in force at the present writing.] SPAIN. ISee " Cession of Territory," " CitizensUp," "France," "Free skips," "Treaties."'] The Preliminary Treaty of Fontainebleau, (1762,) between England, France, and Spain, contained the following stipulation respecting bound- aries in America : Article VI : « H est arrets qu'^ Pavenir les conflns entre les 4tats de s. m. brit^nnique et ceux de s. m. tr.-ehret. en cette partie du monde, seront irr^vocablelment flx^s par nne ligne tir6e au milieu dufleuve de Mississippi^ depuis sa source jusqu'a la riviere H^Iber- ville; et del4 par une ligne tir6e au milieu de cette rivifere et des lacs Maurepas et Fontchartrainin&qv^h la mer, et, ^cette fin, le roi treschritien c6de en toute propri6t6 et g^rantit is. m. brit. la riviere et le port de la Mo- ileh et tout ce qu'il possede ou a du poss6der du c6t6 gauche du fleuve de Mississippi, h I'exception de la Nouvelle-OrUans et de Pile dans laquelle elle est situ6e, qui demeureront a la France. Bien entendu que la nav- igation du Mississippi sera' ^galement libre tant aux sujets de la Grande- Br6tagne qu'a ceux de la France, dans toute sa largeur et dans toute sa longueur, depuis sa source jusqu'a la mer, et nomm^ment dans cette partie qui est entre cette ile et la rive droite du fleuve. aussi bien qu'^ son entree ou a sa sortie, par son embouchure." Article XIX: "S. m. caih. cfede et garantit, en toute propri^t6, a s. m. hrit. toiit ce que VEspagne possSde sur le continent de VAmSrique septentrionale k Pest ou au sud-est du Mississippi.^ * On the same day the Due de Choisenl on the part of France, and the Marquis de Grimaldi on the part of Spain, signed the preliminary act for the cession of Louisiana and ;N"ew Orleans to Spain, which was soon »MS. Dept. of State. ^ g. E . Doc. 8, 2d Sess. 35th Cong. =12 St. at L. , 72. ^Martens, Eecueil de trait^s. Article VI : " It is agreed that in future the bounda- ries between the states of His Britannic Majesty and tliose of HiS Most Christian Majesty in that part of the world, shall be irrevocably fixed by a line drawn in the middle of the Mississippi Eiver, from its source to the Ilerville River ; and thence by a line drawn in the middle of the latter river and of Lakes Maurepas and Pontckartrain to the sea : and, to this end, the Most Christian King cedes, in absolute ownership, and guarantees to His Britannic Majesty, the river and port of MoMle, and all that he pos- sesses or ought to have possessed on the left side of the Mississipvi Eiver, with the ex- ception of New Orleans and of the island on which it is situated, which shall continue to belong to France. ■ It is understood that the navigation of the Mississippi shall be equally free to the subjects of Great Britain and to those of France, throughout its breadth and length, from its source to the sea, and especially in that pare which is be- tween that island and the right bank of the river, both at its entrance and at its out- let, through its mouth." Article XIX : His CathoUe Majesty cedes and guarantees, in absolute ownership, to his Britannic Majesty all that Spain possesses on the continent of North America, to the east or southeast of the Mississippi." 1382 NOTES — SPAIN. after ratified by the King of Spain. In this it was agreed that " Sa majesty tres-chr^tienne c5de en toute propriety, piirement et simple- ment, et sans aucune exception, k sa majeste catholiqiie et ^ ses suc- cesseurs a perp6tuit6, tute le pays connu sous le nom de Louisiane, ainsi que la Nouvelle Orleans, et I'ile sur laquelle se trouve cette ville.'" The provisional articles of Peace between the United States and Great Britain were dated November 30, 1872, and describe the Western and Southern Boundaries thus: "Thence by a line to be drawn along the middle of the said river Mississippi until it shall 'intersect the north- ernmost part of the 31st degree of north latitude; south by a line to be drawn due eiast from the determination of the line last mentioned, in the latitude of 31 degrees north of the equator to the middle of the river Appalachicola, or Catahouche ; thence along the middle t^iereof to its junction with the Flint Eiver; thence straight to the head of St. Mary's Eiver, and thence down along the middle of St. Mary's Eiver to . to the Atlantic Ocean." The preliminary Articles of Peace between Great Britain and Spain were signed on the 20th of January, 1783. By the 3d article it was agreed " Sa majesty britannique c6dera a sa majesty catholique la Ploride orientale, et sa dite majest6 catholique conservera la Ploride occidentale." ^ The definitive Treaties of Peace between Great Britain and Spain and between Great Britain and the United States were both signed on the same day, (Sept. 3, 1783,) the fljst at Versailles, the other at Paris. Under these several Treaties the United States had a valid title to the right of navigation of the Mississippi, from its source to its mouth, and an equal right to the 3Jst parallel as a southern boundary, except as departed from between the Flint Eiver and the Atlantic Ocean. But Spain at once began encroachments upon our territories. In 1784 she opened indirect negotiations with -the Indians residing within those territories;' in 1790 she opened direct negotiations with them, and di- vided with them the territory within what was afterwards the States of Mississippi and Alabama, as far north as Vicksburg, and established a station at Natchez,* and on the 25th of May, 1793, she made up her mind to cast in her fortunes with England in the war against revolutionary France.^ While these proceedings were going on Genet arrived in America from France, and began the hostile operations against Spain from the territories of the United States, which have been alluded to under the title "JVawce." Jefferson was thoroughly persuaded that it would be impossible, under all those circumstances, to avoid a war with Spain. On the 2d of June, 1793, he wrote Madison : "There is, too, at this time ar lowering disposition perceivable both in England and Spain. The former keeps herself aloof, and in a state of ineommunication with us, except in the way of demand. The latter has not begun auspiciously with 0. and S. at Madrid, and has lately sent 1,500 men to New Orleans, and greatly strengthened her upper posts on the Mississippi."^ And* on the 23d of the same month he again wrote Madison: " Spain is un- questionably picking a quarrel with us; ' a series of letters from her Com- missioners here prove it. We are sending a courier to Madrid. The ' 8 Gs-rden traites de palx, 40. "His Most Christian Majesty cedes, in absolute own- ershipi pnrely and simply, and without any exception, to His Catholic Majesty and to his successors forever, all the country known by the name of Louisiana, including New Orleans and the island on which that city is situated." ^ 3 Martens, Kecueil, 511. " His britannic majesty shall cede eastern Florida to his catholic majesty, and his said catholic ma-iesty shall retain western Florida." » 1 F. K. F., 278. " 3 St. at L. , 254. ." 2 F. E. F., 564, '^Ib., 569. 13 lb 583. NOTES — SPAIN. 1385 district at Mobile became known in Madrid, the King refused to ratify the Treaty of 1802, unless the objectionable act was either repealed or modified by a declaration that it was not intended to qaestion the sov- ereignty 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 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 IJnited States."' 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 propo- sitions 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." ^ Monroe's passport was theii 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.' In the year 1808, " direct and official relations " between Spain and the United States were broken off. * 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 east- ward of the River Mississippi, and extending to the River Perdido.^ This occupation continued and was in existence when diplomatic re- lations were resumed after the wars of Kapoleon ; but before the re- sumption, the Spanish-American wars of independence had broken out. The undoubted sympathy with this movenlent 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.^ A long correspondence ensued, con- ducted partly in Madrid and partly in Washington, and extending over into, the next administration.' It resulted in the Treaty of 1819. But, only two months before this was signed,^the suspended Treaty of 1 802, having been ratified by Spain, was proclaimed by the President.^ An act had been passed in 1804 to carry this Treaty into effect, which be- came operative for the two months only.^ 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 2 F R F., 659. ^ lb., 667. = Foster et al. v. Neilson, 2 Peters, 306. *4 F. R. F., 422. mSt. at L., 761. "8 4 F.R.F., 424-426. 'lb., 422-626. » lb., 407. ^ 2 St. at L., 270. 1386 NOTES — SPAIN. America, or to form, other relations with them."i la this emergency " the Governments of Prance and Eussia * 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." ^ The President was enabled, on the 13th of February, 1821, to commu- nicate the ratification by Spain to the Senate.' The time for the ex- change of ratifications had expired, but the Senate resolved to consent to and advise the President to ratify it,* 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 iu the 11th article,* and on the 24th of May, 1824, an act was approved authorizing the creation of a stock to meet the awards.^ It turned out that the sum named in the Treaty, $5,000,000, was not enough to pay all the awards.' The records and papers of the commission, after the awards were made, were deposited in the Department of State. Attorney-G-eneral Taney held that they ought not to be given up to claimants.^ 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.' On the 3d of March, 1823, Congress passed an act to carry into effect the 9th article of this Treaty." 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 the respective amounts adjudged. The attempts made to extend the operation of this article are shown in the contemporaneous docnments.^' It has been 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; butthatthey are subject to review by that officer.'* 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 claims, is to be regarded as decisive, and binding upon his and their successors. Mr. Fish referred the subject to Congress,'^ saying that " it is a practical necessity to await further legislation by Congress before any action can be taken."" Attorney-General Gushing 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 subjiect for damages under this article.'* At- torney-General Grundy held that under this article the United States 'Annals 1st Sess. 16th Cong., 679. ^jb., itiSd. '4 F. K. F., 650. "lb., 703. ^SSt. atL.,637. 64ib.,33. '5 F. E. F., 798. sg Op. At.-Gen.,515. 9 Annals 1st Sess. 17th- Cong., 2550. '" 3 St. at L., 768. " 5 F. E. F., 829, and 6 lb., 741. "> 3 Op. At.-Gen., 677, Legarfi ; 4 lb., 286, Nelson ; 5 lb., 333, Crittenden ; 6 lb., 533,. Gushing. "H. M. Doc. 131, 2d Sess. 42d Cong. "lb., 6. 1^6 Op. At.-Gen,, 530. NOTES SPAIN. 1387 were bound to pay Spanish inhabitants of Florida the value of slaves carried away or killed by troops of the United States shortly prior to the conclusion ojf the Treaty.' 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 Kess, the Minister to Madrid.'' 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 deiclined 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 paya- ble in Paris.^ 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 Grov- 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 char- acteristic fortitude, with a deadly civil war raging in her bosom, and weighed down with financial embarrassments, Spain has acknowledged 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."* The act was passed June 7, 1836,^ and its operation was afterwards extended for a limited time.^ The loDg 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- 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.'" "Mr. Buchanan, when Secretary of^State, agreed to receive an annual payment of $30,000 at Havana in full of the interest of the principle 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 Feb- ruary, 1862, to accept the same in current money of the United States. The latter alternative was reluctanfly acceded to."^ 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 iu 1868 ; questions which taxed the skill and forbearance of statesmen on both sides. But they did not concern the construction orthe 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 »3 0p.At.-Gen.,391. » S.E. Doc. 147, 2d Sess. 23d Cong., 3-12. ^Ib., 90-92. nSDe- bates,2681. « 5 St. at L., 34. «Ib.,179. 'Globe, 2d Sess. 27t]j Cong., 5. sSewardto Gray, Oct. 7, 1864, MS. Dept. of State. 1388 NOTES — SPAIN. ■ property, and embargoing the property of some citizens of the United States, Avho 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 pf 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 been put in operation against the properties of the citizens of the United States, in 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 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."^ The subject was referred to Madrid, where, after some correspond- ence, 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. [The commission under the agreement organized May 31, 1871 and there were 330 claims presented for consideratibn amounting to $29,- 946,183.32. Awards were given in favor of 35 claims amounting to $1,293,450.55. A diplomatic arrangement was entered into February 23, 1881 by which it was agreed that all claims should be presented within sixty days from that date, but gave the arbitrators authority to extend the time thirty days if found to be necessary and the commission was to decide all claims within one year from the 12th day of May 1881. The Protocol of May 6, with its subsequent amendment of December 14, 1882 provided for the termination of the labors of the arbitrators December 27, 1882, and those of the Umpire were to terminate January 1, 1883. An extradition convention was concluded January 5, 1877 which was amended by the one of August 7 1882. The question of trials of citizens of the United States by military tribunals has given rise to many and vexatious questions ; the govern- ment of the United States insisting that, under the treaty of 1795, ' S. E. Doc. 108, ad Scss. 41st Cong., 240-241. NOTES — SPAIN. 1389 and under general rules common to all civilized nations, the proceedings of Spanish military tribunals in Cuba could not be upheld. These questions it is hoped were put at rest by the protocol signed at Madrid January 12, 1877 which provides that no citizen of the IJnited States residing in the possessions of Spain shall be tried by any exceptional tribunal, but exclusively by the ordinary jurisdiction, except in the case of being captured with arms in hand. Under the 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 cot a substantive ground of condemnation. It only authorizes capture and sending in for adjudi- cation, and the proprietary interest in the ship may be proved by other equivalent testimony. But if, upon the original evidence, the cause appears extremely doubtfuU and suspicious, and farther proof is neces- sary, the grant or denial of it rests on the same general rules which gov- ern the discretion of prize-courts in other cases.^ The terms " subjects," in the fifteenth article of the treaty, when ap- plied to persons owing allegiance to Spain, must be construed in the same sense as the term " citizen," or " inhabitants " when applied to persons owing allegiance to the IJnited States, and extends to all per- sons domiciled in the Spanish dominions.^ The Spanish character of the ship being ascertained, the proprietary interest of the cargo cannot be inquired into, unless so far as to ascer- tain that it does not belong to citizens of the IJnited States whose prop- erty engaged in trade with the enemy is not protected by the treaty.^ A stipulation between the United States and Spain for the restoration of property obtained by piracy and by captures in violation of neutrality was held not to apply to a capture of a Spanish vessel and cargo, made by a privateer commissioned by the Province of Cartagena, while ithad an organized government, and was at war with Spain. " The treaty with Spain can have no bearing upon the case," said tbe court, " as this court cannot recognize such captors as pirates, and the capture was not made within our jurisdictional limits. In those two cases only does the treaty enjoin restitution."^ The seventeenth article of the treaty of 1795, so far as it purports to give any effect to passports, is imperfect and inoperative, in conse- quence of the omission to annex the form of passi)ort to the treaty.^ 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 conclu- sively established, never having been duly annexed to the treaty, the proprietary interest of the ship is to be proved according to the ordi- nary rules of the prize-court, and if thus shown to be Spanish, will pro- tect the cargo on board, to whomsoever the latter may belong.* The treaty of 1795 does not contain, expressed or implied, a stipula- tion that enemy's ships shall make enemy's goods.^ 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 nature.'' 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.' [1 The Pizarro, 2. Wheaton, 2-^7. ^ lb. ' The Neustra Seuora de la Caridad, 4 Whea- toD 497. iThe Amiable Isabella, 6 Wheaton, i ; The Amistad, 15 Peters, 521. ^The Nerelde, Bennet, Master, 9 Cranoh, 388. «The Santissima Trinidad, 7 Wheaton, 28.3. 'Le Tigre, 3 Washington's Circuit Court Reports, 567. See The Maria Josepha, 3 Wheeler's Criminal Cases, 600.] 1390 NOTES SPAIN. If the capture were made by a neutral, it would he iprima fade pirat- ical, 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."^ In the case of the Amistad the 6th and 9th article of the Spanish treaty of 1795 came in question. It was held that the negroes were kidnapped Africans, not slaves, or "property." The language of the treaty with Spain of 1795, requires the proprietor "to make due and sufficient proof" of his property ; and that proof cannot be deemed either due or sufficient, which is stained with fraud.^ Supposing the African negroes on board the Amistad not to be slaves, but kidnapped, and free negroes, the treaty with Spain cannot be obligatory upon them ; and the United States are bound to respect their rights, as much as those of Spanish subjects. The treaty with Spain never could have been intended to take away the equal rights of all foreigners who should assert their claims to equal justice before the courts of the United States, or to deprive such foreigners of the pro- tection given to them by other treaties, or by the general laws of na- tions.' The court cited the rule from Vattel that even if a treaty in its terms were such as to oblige us to violate towards strangers the immutable laws of justice, it would impose no obligation. The law of nature and the law of nations bind us as effectually to render justice to the African, as the treaty can to the Spaniard. In an opinion given in 1839, Mr. Grundy held that the case of the Amistad was within the 9th article of the treaty with Spain of 27 Oct., 1795, and advised that the vessel and cargo be restored to the pwners, as far as practicable, entire.'' Under the Florida treaty the United States did not succeed to those rights which the King of Spain had held by virtue of his royal preroga- tive, but possessed the territory subject to the institutions and laws of our own government.^ The treaty of 1795 was not a cession of territory by Spain to the United States,' but the recognition of a boundary line, and an admission, by Spain, that all the territory on the American side of the line was originally within the United States." The Spanish treaty of Oct. 27, 1795, established a disputed bound- ary ; there was no cession of territory. The jurisdiction exercised by Spain over the country north of the 31st degree of north latitude was not claimed or occupied by force of arms, against an adversary power ; but it was a naked possession, under a misapprehension of right. In such a case, Georgia, within whose sovereignty the country was situated, was not bound to recognize the grants or other evidentje of title by the Spanish government.'' Under the treaty of the 27th of October, 1795, between the United States and Spain, it was agreed that the line which was described in the preliminary articles of peace between the United States and Great Britain, on the 30th of November, 1782, as their southern boundary, should be the line which divides their territory from East and West Florida. It was accordingly held that Spanish grants made after the preliminary articles of 1782, within the territory east of the Mississippi, and north of a line drawn from that river, at the 31st degree of north \} Le Tigre, 3 WasMngton's Circuit Court Reports, 567. See The Maria Josepta, 2 WJieeler's Criminal Cases, 600. a U. S. «. Tiie Amistad, 15 Peters, 518. =11). "3 Op. At. -Gen., 484. = Pollard's Lessee i). Hagan, 3 Howard, 312. ^Ib. 'Eobinson «. Mine*, 10 Howard, 627.] NOTES — SPAIN. 1391 latitude, east to the middle of the Eiver Appalachicola, had no intrinsic validity, and the holders must depend for their titles exclusively on the laws of the United States.^ By the treaty of St.Jldefonso, made on the first of October, 1800, Spain ceded Louisiana to Prance ; 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 Iber- ville and the Perdido. Spain contended that her cession to France comprehended only that territory, which, at the time of the cession, was denominated Louisiana, consisting of the Island of New Orleans and the country which had been originally ceded to her by France west of the Mississippi. The land claimed by the plaintiffs in error, under a grant from the Crown of Spain, made after the treaty of St. Ildefonso, lies within the disputed territory; and this case presents the question, to whom did the country between the Iberville and Perdido belong after the treaty of St. Ildefonso ? Had France 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 conclusion . In questions of thi s charac- ter, political considerations have too much influence over the conduct of nations to permit their declarations to decide the course of an inde- pendent government, in a matter vitally interesting to itself.^ If a Spanish 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 American construction wrong ? Such a decision would subvert those piinciples which govern the rela- tions between the legislation and judicial departments, and mark the limits of each.' • The sound construction of the 8th article of the treaty of 1819 will not enable the court to apply its provisions to the case of the plaintiff.* 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 dominion. It does not say that those grants are hereby confirmed. 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 language is that those grants shall be ratified and confirmed to the persons in possession, &c. By whom shall they be ratified and con- • firmed? 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 liberty to disregard the existing laws on the subject. The article did not, propria vigore, confirm Spanish grants ; it was reserved for Congress to execute its provisions.* By the 8th article, the lands theretofore completely granted by the King were excepted out of the grant to the United States. The original of that treaty, in the Spanish language, not corresponding precisely with the original in English, the language of the former is to be taken ['Henderson v. Poindexter's Lessee, 12 Wheaton, 530. i' Foster et al. v. Neilson, 2 Peters, 306. =11)., 309. * lb., 314. * Poster i). Neilson, 2 Peters, 253. See Garcia «. Lee 12 Peters, 511 ; Keene v.Whitaker, 14 Peters, 170; Chouteau v. Eokliart, 2 How- ard' 344; United States ».'King, 3 Howard, 773; United States v. Reynes, 9 Howard, 127; United States v. Philadelphia, 11 Howard, 609; United States v. Turner, lb., 663.] 1392 NOTES — SPAIN. as expressing the intent of the grantor as to the lands granted and re- served.^ The words " in possession of the lands," in the same article do not re- quire actual occupancy ; they are satisfied by that constructive posses- sion which is attributed by the law to legal ownership.^ A condition to settle two hundred families on the land granted, was held to be a condition subsequent, and performance excused in equity, by circumstances and change of jurisdiction.^ An inquisition having been taken under the Spanish authorities, by which it was found that the Indians had previously abandoned the lands granted, this was held to be res judicata.^ Spain, in ceding Florida to the United States only cededed so much thereof as belonged to her, and hence did not cede any of the territory lying between the Perdido and the Mississippi river, which the United States claimed by the treaty of 1803 with France, ceding Louisiana.* Consequently the 8th article Of the treaty of 1819, confirming all Spanish grants in the ceded territory, did not embrace grants made in the above territory after Spain ceded Louisiana to France by the treaty of St. lldefonso, in 1801.« The 8th article, providing that " all the grants of land made before the 24:th of January, 1818, by his catholic majesty, or his lawful au- thorities, in the said 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 territo- ries had remained under the dominion of his catholic majesty," was " ap- parently introduced on the part of Spain, and must be intended to stipu- late expresly for that security to private property which the laws and usages of nations would, without express stipulation, have conferred."' By the treaty by which Louisiana was acquired, the United States stipulated that the inhabitants of the ceded territories should be pro- tected 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 in- serted in the treaty.' The term property, as applied to lands, comprehends every species of title, inchoate or complete. It is supposed to embrace those rights which lie in contract ; those which are executory, as well as those which are executed. In this respect, the relation of the inhabitants of Louisi- ana to their government is not changed. The new government takes the place of that which has passed away.^ 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 Louisi- ana 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 per- fect inviolability and security of property is among these rights." The right of property is protected and secured by the treaty, and no principle is better settled in this country than that an inchoate title to [' United States v. Arredondo, 6 Peters, 691 ; United States v. Percheman, 7 Peters, 51 ; Garcia v. Lee, 12 Peters, 511 ; Keene v. WMtaker, A Peters, 170 ; United States 11. Eeynes, 9 Howard, 127 ; United States v. Philadelphia, 11 Howard, 609 ; United States V. Wiggins 14 Peters, 334 ; Lessee of Pollard's heirs v. Kibber 14 Peters, 353. Mb. »Ib. '*Ib. m.S.«. Lynde, 11 Wallace, 652. ^Ib, ■ U. S. ». Percheman, 7 Peters, 88. Same principle in U. S. v. Clarke, 8 Peters, 436. ^ Sonlard et al. v. the United States, 4 Peters, 5XX. " lb. '"Delassus v. The United States, 9 Peters, 117.] NOTES SPAIN. 1393 land 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 ceding Louisiana excludes any idea of interfering with private property.^ In the ratification, by the King of Spain, of the treaty by which Florida was ceded to the United States, it was admitted that certain grants of land in Florida;, amongst which was one to the Duke of Ala- gon, were annulled and declared void. Whether or not the King of Spain had power, according to the constitution of Spain, to annul this grant, is a political and not a judicial question, into which the courts will not inqure. The treaty speaks for itself.^ By the law of nations, the inhabitants, citizens, or subjects of a con- quered or ceded country, territory, or province, retain all the rights of property which have not been taken from them by the orders of the conquerer ; and this is the rule by which we must test its efiicacy ac- cording to the act of Congress, which we must consider as of binding authority.^ A treaty of cession is a deed or grant by one sovereign to another, which transferred nothing to which he had no right of property; and only such right as he owned, and could convey to the grantee. By the treaty with Spain the United States acquired no lands in Florida to which any person had lawfully obtained such right, by a perfect or in- choate title, that the court could consider it as property under the sec- ond article, or which had, according to the stipulations of the 8th article of the treaty, been granted by the lawful authorities of the King ; which \fords grants or concessions were to be construed in their broadest sense, so as to comprehend all lawful acts which operated to transfer a right of property, perfect or imperfect. The effect of the clauses of confirmation of grants made was that they confirm them presently on the ratification of the treaty, to those in pos- session of the lands, which was declared to be; that legal seisin and pos- session which follows a title, is co-extensive with the rights and contin- ues till it is ousted by an actual adverse possession, as contradistin- guished from residence and occupation.* The United States, by accepting the cession under the terms of the 8th article, and the ratification of the King, with an exception of the three annulled grants to Allegon, Punon Eostro, and Vargas, can make no other exceptions of grants made by the lawful authorities of the king. The meaning of the words lawful authorities in the 8th article, or com- petent authorities in the ratification, must be taken to be "by those per- sons who exercised the granting power by the authority of the crown." The 8th article expressly recognizes the existence of these lawful au- thorities in the ceded Territories, designating the governor or intendent, as the case might be,: as invested with such authority : which is to be deemed competent till the contrary is made to appear. By "the laws of Spain" is to be understood the will of the King, ex- pressed in his orders, or by liis authority, evidenced by the acts them- selves ; or by such usage and customs in the province as may be pre- sumed to have emanated from the King, or to have been sanctioned by him, as existing authorized local laws.' F' DelasBus v. The United States, 9 Peters, 117. ^Doe et al. v. Braden, 16 Howard, 635. 3 Mitchell v. U. S., 9 Peters, 711. ■•lb. ^ Mitchell v. U. S., 9 Peters, 711, con- curring as to lawful authorities or competent authoriUes. Smith v. U. S., 10 Peters, 336.] 1394 NOTES — SPAIN. After the acquisition of Florida by the United States, in virtue of the treaty with Spain of 22d of February, 1819, various acts of Con- gress were passed for the adjustment 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 ex- ceeding 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 pas- sage of the law of the 22d May, 1828. By the sixth section it was pro- vided " that all claims to land within the Territory of Florida, embraced by the treaty, which shall not be finally decided and settled under the provisions of the same law, containing a greater quantity of land than the commissioners were authorized 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 supe- rior court of the district in which the land lies, upon the petition of the claimant, according to the forms, rules and regulations, conditions, re- strictions, and regulations prescribed to the district judges, 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 commission- ers,>&c., according to the acts of Congress, were excluded.' By the 8th article of the treaty of cession of Florida the same time is allowed to the owners of land granted under the authority of Spain, to fulfill the conditions of their grants, after the date of the treaty, as was limited in the grants. It has been decided by the court, in the case of Arredondo,that as to individual rights the treaty is to be considered as dated at its ratification. In was also decided in Arredondo's case, that the provision of the treaty as to the performance of the conditions in grants, was not con- fined to owners of land by occupancy or residence; but extends to per- sons who have a legal seizin and possession, in virtue of a grant ; and that, in the situation of the province, and the claimants to land at the time of the cession, it was enough that they should show a performance of the conditions cy pres? 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.^ 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 held under the concessions have been uniformly confirmed where the tract did not exceed a league square.* 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 au- thorities 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, un- der the provisions of the acts of Congress for the settlement of land- claims in Florida, that the grantees did not acquire, under the Indian grants, a legal title to the land: Held, That the acts of Congress sub- 1 United States v. Arredondo et al.,G Peters, 706. = U. S. v, Sibbald, 10 Peters, 313.] 'United States v. Clarke, 9 Peters, 168. ^ lb.] 3769 TK 88 NOTES SPjtiN. 1395 mit these claims to the adjudication of this court as a court of equity : and those acts as often and uniformly construed in its repeated decis- ions, 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 ^ Under the Florida treaty, grants of lands made before the 24th Jan- uary, 1818, by His Catholic Majesty, or by his lawful authorities, stand ratified and confirmed to the same extent that the same grants would have been valid, if Florida had remained under the dominion of Spain : and the owners of conditional grants, who have been prevented from fulfllhng all the conditions of their grants, have time by the treaty ex- tended 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 ratiftcation 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 be null and void.^ No claim for land can be sustained under a grant, or confirmation of a prior grant made by a decree of the Spanish Governor of Florida, in 1819, as the same was substantially a violation of the treaty with Spain, which confirms only grants made before January 24, 1818^ In the case of a grant made before the 24 of January, 1818, it is valid, although the survey was not made until after that day, provided the survey was made before the exchange of flags.* The treaty with Spain, by which Florida was ceded to the United States, is the law gf 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 have 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 constitu- tion which empowers " Congress to made all needful rules and regula- tions respecting the territory or other property belonging to the United States.'^ The object of the treaty with Spain, which ceded Florida to the United States, was to invest the commissioners with full power and au- thority 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, is conclusive and final, and is not re- examinable. The parties must abide by it as a decree of a competent tribunal of exclusive jurisdiction. A rejected claim can not 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 dif- ferent 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.^ 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 or- [■• Mitchell et al v. The United States, 9 Peters, 711. ^ United States v. Kiiigsley 12 Peters, 476. ^o'Hara v. United States, 15 Peters, 275; United States v. Clarke, 8 Peters, 454, cited in United States v. Delespine, 15 Peters, 319. See also United States V. Hanson, 16 Peters, 196; United States v. Breward ; lb., 143; United States v. Mir- anda; lb., 153. •'United States v. Acosta, 1 Howard, 24. "American Ins. Co,!*. Three hundred and fifty-six bales of cotton, 1 Peters, 542. " Comegys et al v. Vasse i Peters, 212; S. C, 4 Washington's Circuit Court Report, 570.] 1396 NOTES — SPAIN. dinary course of judicial proceedings in the established courts of just- ice.i The treaty with Spain recognized an existing right in the aggrieved parties to compensation ; and did not, in the most remote decree, turn upon the notion of donation or gratuity. It was demanded by our gov- ernment as matter of right, and as such was granted by Spain ^ The right to compensation from Spain, hold under abandonment made to underwriters, 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,^ as to claims under the treaty ceding Florida^ 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 ef- fect depended on his intentionSj expressed by his words in reference to the thing granted, and the thing reserved ^nd 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 differ- ent, the Supreme Court can not adopt it as as rule to decide what was granted, what excepted, and what reserved ^ 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 coun- try. 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 anrfulled, 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 dis- solved, but their relations to each other, and their rights of property remain undisturbed. Had Florida changed its sovereign by an act con- taining no stipulation respecting the property of individuals, the right of property in all those who became subjects or citizens of the new gov- ernment would have been unaffected by the change. It would have re- mained the same as under the ancient sovereign.* The language of the second article of the treaty between the United States and Spain, of 22d February, 1819, by which Florida was ceded to the United States, conforms to this general principle.'' The eighth article of the treaty must be intended to stipulate ex- pressly for the security to private property, which the laws and usages of nations would, without express stipulations, 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 under the old. And those titles, so far at least as they were con- summated, might be asserted in the courts of the United States, inde- pendently of this article' The treaty was drawn up in the Spanish as well as in the English lan- guage. Both are origijial, 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 ih pos- session of them, to the same extent," &c., thus conforming exactly to the universally received law of nations.^ [ i Comegys et al v. Vasse, 1 Peters 212. ^ lb., 217. = lb. * See Meade v. 9 Wallace, 691. ''United States v. Arredondo et al., 6 Peters, 741. ^United States v. Percheman, 7 Peters, 51. 'lb. »Ib. ^ilb.] NOTES — SPAIN. • 1397 If the English aud Spanish part can, without violence, be made to agree, that construction -which establishes this conformity ought to prevail. 1 No violence is done to the language of the treaty by a construction which conforms the English and Spanish to each otiier. 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.'* In the case of Foster v. Neilson, 2 Peters, 253, the Supreme Court con- sidered 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 same instrument, drawn up in the language of each party. Had this circumstance been known, it is believed it would have produced the construction which is now given to the article.' By the treaty of 1819, lands heretofore completely granted by the King were excepted out of the grant to the United States* 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 ^ , ■ The title to land which had been granted by the King of Spain was confirmed by force of the instrument itself."^ By the treaty of cession, the United States obtained no rights to lands, except such as were then vested in the King of Spain. ' 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.'' Congress, in confirming or rejecting claims, acted as the successor of the intendant general, and both exercised in this respect a portion of sovereign iJower.^ Under the ninth article of the treaty of 1819, providing for the resto- ration 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.^" 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 pirates or robbers if they rise and kill the master, and take pos- session of the vessel to regain their liberty. ■' Native Africans unlawfull y detained on board a Spanish vessel are not bound by a treaty between the United States and Spain, but may, [' United States v. Percheman, 7 Peters, 51. ' lb. ' II). * Uuited States v. Arre- dondo, 6 Peters, 691 ; United States v. Percheman, 7 Peters, 51 ; Garcia v. Lee, 12 Peters, 511 ; Keene v. Whitaker, 14 Peters, 170 ; United States v. Eeynes, 9 Howard, 127 ; United States v. Philadelphia, 11 Howard, 609. ^ lb. « United States v. Perche- man, 7 Peters, 51^ United States v. Clarke, 9 Peters, 168; Mitchell v. United States, lb., 711; Smith v. United States, 10 Peters, 326; Garcia v. Lee, 12 Peters, 511. ' Strother v. Lucas, 12 Peters, 411 ; United States v. Kingsley, lb., 476. » Chotitean v. Eckhart, 2 Howard, 344. »Ib. '" United States v. the Amistad, 15 Peters, 518 ; S. C. 1 Hazard's U. S. Register, 177, 2-44. " lb. J 1398 NOTES — SWEDEN. as foreigners to both countries, assert tlieir rights to their liberty before our courts.^ By the 11th article of the treaty with Spain of 1819, the Department of State was made the depository of the records referred to in that ar- ticle ; and the Secretary of State cannot deliver them to claimants, and a law of Congress authorizing the delivery would be a violation of the treaty.^] Spanish land tithes. 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 v. Lucas, 13 Peters, 411; United States ■;;. Delespine, 15 Peters, 319; Le Bois v. Bramell, 4 Howard, 449; Bissell V. Penrose, 8 Howard, 317; Lecompte v.TJ. S.., 11 Howard, 115; United States V. Power's Heirs, lb.,- 570; U. S. v. Moore, 12 Howard., 209; U. S. V. i5imon, lb., 433.^ 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 of Florida.* If the title was granted upon condition, the concession be- came absolute on the performance of the condition,^ but if the condition was not i)erformed and no good excuse shown for the non-performance, then the grant was invalid.'' Brightly's Digest ^p. 534) enumerates the cases in which concessions of land by the governors of East Florida have never been confirmed. 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 Robert 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 France, with such im- provements as that with Holland may suggest, being intended as the basis.'" 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."^ On the 7th of March, 1783, he writes Livingston : " I can only send you a line 1o 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."' The Treaty in fact bears date April 3, 1783. [1 United States v. the Amistad, 15 Peters, 518 ; S. C. 1 Hazard's U. S. Eegister, 177, 244. =2 Op. At.-Gen., 515, Taney.] ^\ Brightly's Federal Digest, 532; see also S. Doc. 56, 2d Sess. 23d Cong, i United States v. Percheman, 7 Peters, 51 ; United States V. Clarke, 9 Peters, 168; Mitchell v. United States, lb., 711, and other cases cited in Brightly's Digest, 533. « United States v. Clarke, 9 Peters, 168. « United States v. Mill's Heirs, 12 Peters, 215. ' 2 D. C, 1776-'83, 359. « lb., 405. ^Ib., 418. NOTES TREATIES. 1399 TREATIES. ISee " Prance," " Great Britain," "Mexico," "^iJaire?"] [By the law of nations, all treaties, as well those for cessions of terri- tory as for other purposes, are binding upon the contracting parties, unless when otherwise provided in them, from the day they are signed. The ratification of them relates back to the time of signing.' Under the treaty between the IJnited States and Great Britain of June 5, 1854, the President cannot issue his proclamation giving effect to the treaty as to Canada alone in anticipation of the action of Kew Brunswick, Nova Scotia, and Prince Edward's Island; nor until he shall have received evidence, not only of the action of those Provinces, but also of the Imperial Parliament.* In many treaties there are provisions which require preliminary things to be done before those provisions can have their full execution. The treaty binds the good faith of each Government to endeavor to have the requisite preliminary things doiie, and so far, in regard even to the provisions of imperfect or prospective execution, the treaty has full effect at once, by making the stipulations as to that point obligatory at once upon both Governments.^ The treaty of St. Ildefonso, between Spain and the French Eepublic, and that of Paris, between France and the United States, should be construed as binding on the parties thereto, from the respective dates of those treaties.* Upon no plausible pretext could it be denied that the treaty of St. Ildefonso was obligatory upon Spain from the period of her acceptance of the provision made for the JDuke of Parma, in pursuance of that treaty, viz : On the 21st of March, 1801, or from the date at which she ordered the surrender of the Province of Louisiana to France, viz : On the 15th of October, 1802.5 A treaty is primarily a compact between independent nations, and depends for the enforcement of its provisions on the honor and interest of the governments which are parties to it. If these fail, its infraction becomes the subject of international reclamation and negotiation, which may lead to war to enforce them. With this, the courts have nothing to do.^ But a treaty may also confer private rights on citizens or subjects of the contracting powers which are of a nature to be enforced in a court of justice, and which, in cases otherwise cognizable in such courts, furnish rules of decision. The constitution of the United States makes the treaty, while in force, a part of the supreme law of the land in all courts where such rights are to be tried.' In this respect, so far as the provisions of a treaty can become the subject of judicial cognizance in the courts of the country, they are subject to such acts as Congress may pass for their enforcement, modi- fication, or repeal.^ Where a treaty and an award thereunder are introduced into a case merely as a part of its history, as facts not disputed by either party, it does not come under the section of the Judiciary Act in relation to ques- tions affecting the validity or construction of a treaty.' [1 Davis V. Concordia, 9 Howard, 280. ^6 Op. At.-Gen., 748, Cnslimg. =lb. lU. S. «. Eeynes, 9 Howard, 127. nh. « Head Money Cases, 112 U. S., 580. 'lb. ^Ib, sGill V. Oliver's Ex'rs, 11 Howard, 529.] 1400 NOTES^TBEATIES. A treaty, constitutionally concluded and ratified, abrogates whatever law of any one of the States may be inconsistent therewith.^ A trieaty made conformably to the constitution in substance and form repeals preexisting conflicting Federal law.^ Not to observe a treaty is to violate a deliberate and express engage- ment, and aftbrd good cause of war. When Congress takes upon itself to disregard the provisions of any foreign treaty it, of course, infringes the same, in the exercise of sovereign right, and voluntarily accepts the casus belli, as when, in 1798, it annulled the treaties between the United States and France. See act of July 7, 1798.^ Under the constitution, treaties, as well as statutes are the law of the land ; both the one and the other, when not inconsistent with the con- stitution, standing upon the same level and being of equal force and validity ; and, as is the case of all laws emanating from an equal au- thority, the earlier in date yields to the latter.* A treaty, when proclaimed, is so far forth the law of the land, to be respected as such, although, as in the case of many laws of a merely muni- cipal character, some of the provisions thereof may be contingent or executory only.^ This applies to the treaty of 5 June, 1854, between the United States and Great Britain. A treaty is in its nature a contract between two nations, not a legis- lative act. It does not generally effect, of itself, the object to be accom- plished, especially so far as its operation is infra-territorial, but is carried into execution by the sovereign power of the respective parties to the instrument. " In the United States, a different principle is established. Our con- stitution declares a treaty to be the law of the land. It is, consequently to be regarded in courts of justice as equivalent to an act of the legisla- ture, whenever it operates of itself without the aid^of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become a rule for the court."^ " But we are not inclined to admit the doctrine urged at the bar, that treaties become extinguished, ipso facto, by war between the two gov- ernments, unless they should be revived by an express or implied re- newal on the return of peace. * * * There may be treaties of such a nature, as to their object and import, as that war will put an end to them ; but where treaties contemplate a permanent arrangement of ter- ritorial and other national rights, or which, in their terms, are meant to provide for the event of an intervening war, it would be against every principle of just interpretation to hold them extinguished by the event of .war. If such were the law, even the treaty of 1783, so far as it fixed our limits, and acknowledged our independence, would be gone, and we should have had again to struggle for both upon original revolutionary principles.'" We think, therefore, that treaties stipulating for permanent rights, and general arrangements, and professing to aim at perpetuity, and to deal with the ease of war as well as of peace, do not cease on the occur- rence of war, but are at most only suspended while it lasts ; and unless ['6 Op. At.-GeD., 291, Gushing. ^Ib. ^ lb., 658, Gushing, ns Op. At. -Gen., 354, Akerman. « 6 Op. At.-Gen., 748, Gushing. « Foster d. Neilson, 2 Peters, 314. 'Society for the Propagation of the Gospel v. New Haven, 8 Wheaton, 464.] NOTES— TREATIES. 1401 they are waived by the parties, or new and repugnant stipulations are made, they revive in their operation at the return of peace.i The termination of a treaty by war does not divest rights of property already vested under it.^ A treaty was concluded and signed between the United States and the Swiss Confederation in 1850, but ratifications were not exchanged until Nov, 8, 1855. Mr. Justice Davis delivered the opinion of the court, as follows : « It is undoubtedly true, as a principle of intenational laws, that, as respects the rights of either government under it, a treaty is considered as concluded and binding from the date of its signature. In this regard the exchange of ratifiications has a retroactive affect, confirm- ing the treaty from its date. But a different rule prevails where the treaty operates on individual rights. The principle of relation does not apply to rights of this character, which were vested before the treaty was ratified. In so far as it affects them, it is not considered as conclu- ded until there is an exchange of ratifications, and this we understand to have been decided by the court, in Arredondo's case, reported in 6th Peters. The reason of the rule is apparent. In this country, a treaty is something more than a contract, for the Federal Constitution de- clares it to be the law of the land. If so, before it can become a law, the Senate, in whom rests the authority to ratify it, must agree to it. But the Senate are not required to adopt or reject it as a whole, but may modify or amend it, as was done with the' treaty under consider- ation. As the individual citizen, on whose rights of property it oper- ates, has no means of knowing anything of it while before the Senate, , it would be wrong in principle to hold him bound by it, as the law of the land, until it was ratified and proclaimed. And to construe the law, so as to make the ratification of the treaty relate back to its signing, thereby divesting a title already vested, would be manifestly unjust, and can not be sanctioned.'" Where one of the parties to a treaty, at the time of its ratification annexes a written declaration explaining ambiguous language in the in- strument or adding a new and distinct stipulation, and t.he treaty is afterwards ratified by the other party with the declaration attached to it, and the ratifications duly exchanged, — the declaration thus annexed is a part of the treaty and as binding and obligatory as if it were in- serted in the body of the instrument. The intention of the parties is to be gathered from the whole instrument, as it stood when the ratifica- tions were exchanged.* Where a ca>se involves the construction of a treaty, the court heard a third argument on the application of the executive government of the United States.^ The construction of a treaty is drawn in question when the inquiry is whether, under the laws of a State, such a title existed as the treaty protects, although the only difficulty of that inquiry consists in the in- terpretation of the State laws and their application to the case.^ Where the question is whether a title is protected by a treaty, the Supreme Court has power to determine upon the validity of the title.' The treaty of 1819 with Spain " was drawn up in the Spanish as well as in the English language. Both are originals, and were unques- tionably intended by the parties to be identical. The Spanish has been translated, and we now understand that the article, as expressed in that [' Society for the Propogation of the Gospel v. New Haven, 8 Wheaton, 465. ^ lb. ' Haver v. Taker, O' Wallace, 32. ■• Doe et al. v. Braden, 16 Howard, 635. » The Amiable Isabella, 6 Wheaton, 1. « Smith v. The State of Maryland, 6 Cranch,286. ''Martin V. Hunter's Lessee, 1 Wheaton, 304. ] 1402 NOTES — VENEZUELA. language, is," that the grants ' shall remain ratified and confirmed to the persons in possession of them, to the same extent,' &c., — thus con- forming exactly to the universally received doctrine of the law of na- tions. If the English and the Spanish parts can, without violence be made to agree, that construction which established this conformity ought to prevail. * * * No violence is done to thelanguageofthe treaty by a construction which conforms the English and Spanish to each other. Although the words 'shall be ratified and confirmed ' are properly the words of contract, stipulation, for some future legislative act, they are not necessarily so. They may import that they ' shall be ratified and confirmed ' by force of the instrument itself. When we observe that in the counterpart of the same treaty, executed at the same time by the same parties, they are used in this sense, we think the construction proper, if not unavoidable." "In the case of Foster v. Elam (Neilson), 2 Peters, 253, this court considered thiese words as importing contract. The Spanish part of the treaty was not then brought to our view, and we then supposed that there was no variance between them. We did not suppose that there was even a formal difference of expression in the same instrument, drawn up in the language of each party. Had this circumstance been known, we believe it would have produced the construction which we now give to the article." Several acts were passed by Congress creating com- missions to investigate claims in Florida, the last being that of May 26, 1830. The findings of the commissioners under this act were not con- clusive till acted on by Congress ; and the confirmation by Congress of claims that were reported by the commissioners as valid, was not equiva- lent to Congressional rejection of those rejected by the commissioners. "It is apparent," said the court, "that no claim was finally acted upon until it had been acted upon by Congress ; and it is equally apparent that the action of congress on the report containing this claim, is con- fined to the confirmation of those titles which were recommended for confirmation. Congress has not passed on those which were rejected. They were, of consequence, expressly submitted to the court."^ If a decree of condemnation by the circuit court was rightful when pronounced, but by reason of a subsequent treaty the claimant has since become entitled to restitution, this court on appeal must order it. Condemnation, subject to an appeal, is not final, and so noc definitive, within the meaning of the treaty with Prance of the 2l8t of December, 1801.2] 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 Vene- zuela, in compliance with the Treaty, in the following language : " The undersigned. Secretary of State for the Department of Foreign Eela- tions of the Kepublic 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, ratified by the IJnited States and by Venezuela, respect- ively, on the 20th of April, and 25th of May, of the same year, and of [' U. S. V. Percheman, 7 Peters, 94. « U. S. v. Schooner Peggy, 1 Cranoh, 103.] NOTES — VENEZUELA. 1403 which the ratifications were exchanged in this city ou the 31st of the last-named mouth, has expired on the Slstof Mayof the year last past, and the undersigned has received orders and instructions from the President of this Republic 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 tliis notice will begin the period of one year, at the end of which the Treaty wHl cease to have effect in all that relates to Commerce and Navigation. His Excellency 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 sending herewith a certified copy."i Mr. Clayton, the Secretary of State, responded on the 5th of Jan- uary, 1850, as follows : " The undersigned, Secretary of State of the United States, has the honor to acknowledge the receipt of the note ad- dressed 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 Ee- public, and expressing a wish that the existing Treaty between the United States and Venezuela, in all those parts relative to commerce and navigation, 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 Depart- ment on the third instant, the stipulations of the Treaty to which it ap- plies will consequently cease to be binding on either government on and after the third of January next."' 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 ou 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 Vene- zuela in virtue of the samCj or of the convention of 5th June, 1863, hy- pothecating for its benefit the export dues of certain ports of Vene- zuela."' The Treaty of A^nity, Commerce, Navigation, and Extradition, of 1860, was terminated by notice from the Minister of Venezuela, as follows : "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 "^ 1 MS. Dept. of State. ' ' 1404 NOTES VENEZUELA. cease to be obligatory in one year after the making of this declaration, as was agreed in article 31st of the same.'" 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 Go'vernment, you give the offlcial notifi- cation to the United States of the intention of Venezuela, as stipulated in the 31st article of the Convention of I860 between the'IJnited States and Venezuela, to arrest the operations of said Convention twelve months from the date of said notification."^ The Commissioners provided for by the claims convention of 1866 were duly appointed, and after examination made awards against Venezu- ela 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. Con- gress did not act at that session, but a subsequent Congress enacted, Feb- ruary 25, 1873, " that the adjudication of claims by the Convention with Venezuela 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 Eepublic of Venezuela.'" [This statute, sometimes known as the " Finality act," was subse- quently repealed by an act approved June 20, 1878,^ as the result of a prolonged examination by Congress of allegations of corruption against the members of the Caracas mixed Commission, and the matter thus reverted to the competence of the Executive. Being again brought by the President before Congress, that body, by a joint resolution ap- proved March 3, 1883,* and in response to the President's solicitation of its advisory action requested the President " to open diplomatic correspondence with the Government of Venezuela with a view to the revival of the general stipulations of the treaty of April 25, 1866, and the appointment thereunder of a new Commission," to consider all the evidence before the former Commission, and such new evidence as might be adduced, with power to make new awards, to the payment of which the moneys already paid by Venezuela and remaining in the hands of the United States Government, should be applied. The contemplated proposal was made by Mr. Frelinghuysen to Mr. Soteldo, the Venezuelan Minister, June 11, 1884,* but without satis- factory result, and the President again consulted Congress in the mat- ter. The 48th Congress adjourned without having taken joint action on the conflicting reports of the Senate and House Foreign committees. TheExecutive thereupon resumed its plenary discretion in the premises, and the negotiation with Venezuela was successfully revived, a con- vention being signed at Washington by Mr. Bayard and Mr. Soteldo, December 5, 1885, providing for a new mixed commission to hear all claims which were proper to be brou-ght under the convention of 1866 and to make awards thereon in substitution of those of the Caracas commission. This convention was advised and consented to by the United States Senate, with amendments which have been concurred in by the Venezuelan Senate. Owing, however, to circumstances which it is unnecessary here to detail, the ratifications of this treaty have not yet been exchanged, and the time therefor has been twice extended by supplementary conventions, the first of which has received the advice 1 MS. Dept. of state. = 17 St. at L., 477. See S. E. Doc. 5, Ist Sess. 41st Cong. ; S. M. Doc. 162, 2d Sess. 41st Cong.: H. E. Dob. 176, 2cl Sess. 4l8t Cong.: H. R. 79, II). [=30 St. at L., 241. "22 St. at L., 643. = S. E. Doc. 52, 2cl Sess., 48th Cong.] NOTES — VESSELS — WUETTEMBEEG. 1 405 and consent of the Senate' of the United States and of the Congress of Venezuela. The second supplementary convention has been approved by the Senate of the United States, and at the time of preparing these notes for the press is awaiting the approval of the Venezuelan Congress.] VESSELS. [A merchant vessel, except under some treaty stipulation otherwise providing, has no exemption from the territorial jurisdiction of the har- bor in which the same is lying. The right " to sit as judges and arbitrators in such diiferenees as may arise between the captains and crews " given to consuls, vice-consuls, etc., by article 13 of the treaty with Sweden and Norway of 1827, is limited to the determination or arbitrament of disputes and controver- sies of a civil nature, and does not extend to the cognizance of offences. If the conduct of the captains or of the crews, where differences arise between them, is such as to " disturb the order or tranquillity of the country, (which includes all acts, as against each other, amounting to actual breaches of the public peace,) the right of the local authorities to interfere, in the exercise of their police and jurisdictional functions, is reserved in said article. Semble that a more enlarged jurisdiction is conferred upon consuls in some other treaties, as e. g., in the treaty with France of February 23, 1853, in the treaty with the German Empire of December 11, 1871 and in the treaty with Italy of February 8, 1868,^] WURTTEMBBRG. " By a statute of Louisiana, it is provided that ' each and every person not being domiciliated in this State, and not being a citizen of any 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 prop- erty, which he may have actually received from such successon, or so much thereof as is situated in this State, after deducting all debts due by the succession.' " It Avas claimed that this statute was in contravention of the third article of the Treaty of 1844 with Wiirtteraberg when applied to the case of a native of Wiirttemberg, naturalized in the United States and resid- ing and dying in Kew Orleans, leaving legatees who resided in Wiirttem- berg; but the Supreme Court of the United States held that the Treaty "does not regulate the testamentary disposition of the citizens or sub- jects of the contracting powers in reference to property within the coun- try of their origin or citizenship. The case of a citizen or subject of the respective 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."^ [115 Op. At.-Gen., 178; Taft. See Wildenlius' case, 120 U. S., 1. ^ Frederickson V. Louisiana, 23 Howard, 445, 1406 NOTES — WUKTTEMBEEG. The CoQSul-General of Wiirttemberg, under iustructions 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.'" • 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.^ 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."^ To this latter proposal Mr. Pishreplied, (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.'^'' [A treaty of naturalization was concluded at Stuttgart on the 27th of July, 1868 and at the same time a protocol explanatory of the 1st," 2nd, and 4th articles of the treaty was signed by the plenipotentiaries. The 6th article of the treaty provided that it should be ratified by the King, with the consent of the Chambers and by the President, with the advice and consent of the Senate, and the ratifications should be exchanged within twelve months from the date thereof. The treaty and protocol arrived in the United States after the ad- journment of the Senate. They were submitted to that body at its next session and on the 12th of April 1869 a resolution was adopted giving its advice and consent to the ratification 'of the treaty, but the resolution is silent as to the protocol. Six days afterwards the treaty was ratified by the President but the act of ratification following the words of the resolution of the Senate, is also silent as to the protocol. The exchange copy was duly prepared and forwarded to Berlin but there is no evidence that the protocol accompanied it. The treaty arrived at Berlin on the 15th of July 1869 during the ab- sence of the King and Minister of Foreign Affairs from the Kingdom. The King was in Switzerland at St Maurice in the Engadine where on the 26th of July he ratified the treaty and the protocol notwithstanding the sanction of Chambers had not been obtained.] 'Mr. Bierwith to Mr. Fisli May 26, 1869, MS. Dept. of State. ^Ib. ^Ib. ■'Mr. Fish to Mr. Bierwith, June 7, 1869, MS. Dept. of State. ANALYTICAL INDEX. A. Alabama claims: treaty for settlement of, Great Britain, 478. Alaska : treaty for cession of, Russia, 939. Algiers. (See Duties; Vessels ; Notes, title Abrogated, suspended, or obsolete treaties.) Alienage. {See JReal estate.) Amazon EiVBR. {See Navigation.) Anchokage dues. {See Eeciprocal commercial agreements.) Arbitration: (See Claims.) for settlement of differences with Great Britain Regarding indemnity for slaves un- der the treaty of Ghent, 418; award respecting the same, 423; of the Alabaipa claims, 473; with Great Britain of the claims growing out of the rebellion, 484; respecting the fisheries under the treaty of Washington, 487 ; of the northwest water boundary, 491. Arson. (See Extradition. ; Assassination. (See Extradition.) Assault. (See Extradition.^ Asylum: (See Reciprocal commercial agreements, title Wrecks and shipwrecks.) vessels seeking asylum by reason of stress of weather to be treated with humanity and allowed to repair and depart — Bolivia, 93 ; Colombia, 197 ; Corea, 217 ; Ecua- dor, 257 ; Hayti, 554; Morocco (as to United States vessels), 726 ; Nicaragua, 784 ; Portugal, 893; Prussia, 913; Salvador, 960 ; Spain, 1008; Sweden {see Sweden and Norway), 1048. to be exempt from the payment of duties on vessel and cargo, unless entered for consumption — Hawaiian Islands, 545 ; Morocco (as to American vessels), 726. to be subject to no duties or charges except pilotage, unless remaining longer than forty-eight hours in port — Colombia (New Granada), 197. vessels seeking asylum to be treated as national vessels — Belgium, 78. asylum not to be granted to Corean criminals in the residences or warehouses of United States citizens or on their vessels — Corea, 220. consulates not to be used as asylums— Germany, 364 ; Italy, 589 ; Persia, 838 ; Nether- lands, 771 ; Eoumania, 927 ; Salvador, 970 ; Servia, 990. AuBAiNE, Droit d' : (See Personal property, Heal estate.) abolished by treaty with Bavaria, 45 ; Hesse, 562 ; Saxony, 981 ; Wiirtemberg, 1144. Average dues or charges. (See Reciprocal commercial agreements.) Award. i^See Arbitration.) B. Bankruptcy. (See Extradition.) Barratry. (See Extradition.) Base of operations : a neutral port not to be made a. Great Britain, 481. Belgium. (See Notes, title Abrogated^ suspended, or obsolete treaties.) Belts DUES. (Danish.) (See Sound dues.) Bigamy. (See Extradition.) Blockade: (See War.) to be effective must be by a force capable of preventing the neutral's entry — Bolivia, 95; Ecuador, 260 ; Italy, 584 ; Colombia (New Granada), 200 ; Salvador, 963. 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, 96 ; Colombia (New Granada), 200 ; Dominican Republic, 248 ; Ecuador, 260 ; Hayti, 555 ; Italy, 584 ; Peru, 1197 ; Salvador, 963, 1407 1408 ' ANALYTICAL INDEX. Blockade — Coniinued. vessels arriving at a port supposed at the time of departure to be blockaded slmll not be captured and coniiemned for an attempt to enter, unless on proof that they had or could have learned of Ihe continuance of the blockade; but an attempt to re-enter after warning will subject them to condemnation — Greece, 507; Prussia, 920 ; Sweden and Norway, 1064. vessels in port before the establishment of the blockade are to be permitted to de- part with their cargoes— Bolivia, 96 ; Colombia (New Granada), 201 ; Dominican Kepublic,248; Ecuador, 260; Hayti, 555; Italy, 584; Peru, 1197; Salvador, 963. a cargo taken on board after the establishment of the blockade must be first dis- charged—Italy, 584 ; Peru, 1197. Borneo: (See Consuls.) citizens of the United States may aoriuire property in Borneo and be protected there, 102; shall have complete liberty of import and export, subject only to customs, 103, tonnage duty limited to $1 per ton, 103; no export duties, 103; American ships of war free to enter ports and obtain supplies, 103 ; provisions as to wrecks, 103. Boundaries of the United States: acquisition of Louisiana, France, 331 ; provisional articles with Great Britain, 1782, 370 ; definitive treaty with Great Britain, 1783, 375 ; treaty with Great Britain of 1794 as to the rivers Mississippi and Saint Croix, 382 ; treaty of peace with Great Britain, 1814, 401, 403 ; declaration of the commissioners under the fourth article of the treaty of Ghent, 405; convention of 1818 with Great Britain, 415 ; decision of commissioners under the sixth article of the treaty of Ghent, 407 ; reference of the northeastern boundary to arbitration, 429; treaty of 1842 with Great Britain, 432 ; treaty of 1846 with Great Britain, .438 ; protocol with Great Britain ceding Horse Shoe Reef, 1850, 444 ; reference of the northwest water boundary to arbitra- tion. Great Britain, 491; protocol relative to northwest water boundary, 1873, Great Britain, 495; treaty with Mexico, 1828, 661 ; with the same, 1835, 675 ; with Texas, 1838, 1079; with Mexico, 1848, 681 j with the same, 1853, 694; with the same, 1882, 711 ; with the same, 1884; 721 ; with the same, 1885, 1189 ; treaty with Russia for the acquisition of Alaska, 939; treaty with Spain of 1795, 1006; treaty with Spain for the annexation of Florida, 1017. Bounties. (See Beciprocal commercial agreements.) Brazil. (See Notes, title Abrogated, suspended, or obsolete treaties.) Bravo River. (See Navigation.) British armies : to bo withdrawn from the United States, Great Britain, 372, 378 380. Beokbragb charges : (See Beciprocal commereial agreements.) amount of, in France limited by treaty of 1822, 344. Buoys : (See Beciprocal commefreial agreements.) open ports to be provided With, by J apan, 616. BuuGLARY. (See Extradition.) Burial. (See Beciprocal privileges of citizens. ) California : treaty for acquisition of, Mexico, 681. California, Gulf of. (See Navigation.) Canada, canals of. (See Navigation.) Canada, transit through : (See Beciprocal commercial agreements.) ■ provisions respecting reciprocity for fisheries and markets for fish ; coasting trade ; export duties— ^Great Britain, 489, 490 ; protocol carrying these provisions into efl'ect, 498. Captures: {See War.) by pirates, of vessels, etc., of citizens of one party to be restored when found within the jurisdiction of the other — Bolivia, 93 ; Colombia (New Granada), 197 ; Ecua- dor, 257; Great Britain, 390; Italy, 583 ; Muscat, 745; Peru, 1195; Salvador, 960; Spain, 1009; Sweden (see Sweden and Norway), 1047. same provision respecting vessels of one party, being neutral, captured by ai^ enemy of the other and recaptured — Sweden (see Sweden and Norway), 1047. special provisions as to, in treaty with the Dominican Republic, 250, 251 ; with Prussia, 914. Central America: (See Interoceanic communications.) general convention with, terminated, partly by limitation and partly by dissolution i of the federation, 121. neither power will fortify, colonize, or assume dominion over — Great Britain, 441, Chili. (See Notes, title Abrogated, suspended, or obsolete treaties.) ANALYTICAL INDEX. 1409 China : (See Consuls, and Notes, title Abrogated, suspended, or oisolete treaties.) privileges of the diplomatic agents of the United States, 160 ; of their consular agents, 162 ; provisions regarding internal improvements, 181; internal interven- tion in, disavowed, 181 : commercial intercourse with, regulated hy the treaty of 1858, 163. limitation and suspension of immigration of laborers from, 182. privileges of subjects of, in the United States, 183. treatment of subjects of, in the United States, 183. in the open ports, no higher duties will be imposed by, on exports or coastwise trade carried in American vessels than on the same when carried in Chinese ves- sels, 184. • . Citizens. (See Extradition, Naturalization, Beoiprocal privileges of citizens.) Claims, treaties respecting : Brazil, 115 ; Chili, 142 ; China, 178 ; Colombia, 210, 213 ; Costa Eica, 227 ; Den- mark, 235; Ecuador, 265; France, 335, 345, 356, 360,361 ; Great Britain, 382, 3»3, 384, 385, 398, 445, 467, 478, 494 ; Mexico, 676, 680, 693, 700, 705, 706, 707 ; Paraguay, 828; Peru, 850, 868, 87.0, 872; Portugal, 896; Spain, 1013, 1015, 1023, 1019, 1025; Two Sicilies, 1100; Venezuela, 1129, 1140. certain claims to be assumed by the United States — France, 335, 345 ; Spain, 1020. Clearance dues. (See Beciprooal commercial agreements.) Coasting trade. (See Eeciprocal commercial agreements.) definition of, in treaty with the Netherlands, 764. Colombia. (See notes, title Abrogated, suspended, or obsolete treaties.) United States of, represent the old Republic of New Granada, 213. Colorado River. (See Navigation.) Columbia River. (See Navigation.) Commercial Agreements. {See Reciprocal commercial agreements, Briinshausen dues, China, Cottons, Danish Colonies, Dardanelles, Discriminating duties, Duties, Import duties; Japan, Light dues, Pilotage, Port dues, Swiss Confederation.) Commission. (See Letter of marque.) Confiscation. (See Neutral vessels, Meciprocal privileges of citizens, War.) public funds are not to be confiscated in time of war — Paraguay, 834. Congo: declaration by the International Association of the, 214 ; recognition by the United States of the flag of the International Association of the, 214, 215. Consular jurisdiction. (See Consuls.) Consular privileges. (See Consuls.) Consuls, treaties respecting. 1. Reciprocal agreements. each party may establish consulates within the territories of the other— Argentine Confederation, 20; Austria, 31; Belgiara, GO; China, 162, 180; Colombia (New Granada), 206 ; Corea, 216 ; Costa Rica, 225 ; Denmark, 233 ; Dominican Republic, 252 ; Ecuador, 263 ; Germany, 363 ; Great Britain, 412 ; Greece, 505 ; Mecklenburg- Schwerin, 656; Oldenburg, 792 ; Hawaiian Islands, .543 ; Hayti, 559; Honduras, 569 ; Italy, 588 ; Libeiria, 633 ; Netherlands, 770 ; Nicaragua, 783 ; Orange Free State, 795 ; Paraguay, 833 ; Persia, 838 ; Madagascar, 639, 646 ; Portugal, 894 ; Ot- toman Porte, 799 ; Peru, 1200 ; Prussia, 919 ; Rouraania, 925 ; Russia, 935 ; Salva- dor 967 ; Servia. 985 ; Spain, 1013 ; Sweden and Norway, 1062 ; Swiss Confedera- tion, 1075; Tonga, 1207; Tripoli, 1086; Tunis, 1094. they may be established wherever any other power is permitted to maintain a consulate— Austria, 31 ; Belgium, 80; Colombia (New Granada), 206 ; Italy, 588 ; Netherlands, 770 ; Peru, 1200 ; Roumania, 925 ; Salvador, 967 ; Servia, 989 ; Spain, 1013. each power is to decide for itself where consulates may be maintained within its territories— Austria, 31; Belgium, 80 ; Bolivia, 99; Colombia (New Granada), 203, 206 • Costa Rica, 225 ; Honduras, 569 ; Argentine Confederation, 20 ; Ecuador, 263 ; Great Britain, 412 ; Italy, 588 ; Netherlands, 770 ; Nicaragua, 783 ; Paraguay, 833 ; Peru, 1200; Roumania, 925; Salvador, 967; Servia, 988. they may be established at ports open to foreign commerce— Bolivia, 99 ; Corea, 216 , Denmark, 233; Ecuador, 263; Hayti, 559; Colombia (New Granada) 203 ; Peiu, 1200 ; Salvador, 967. sundry provisions respecting graiuting exequaturs— Austria, 32 ; Belgium, 80 ; Bo- livia, 99; Colombia (New Granada), 203, 207: Corea, 216, 217 ; Costa Rica, 225 ; Denmark, 233; Ecuador, 263 ; France, 350 ; Germany, 363; Great Britain, 412; Hayti, 559 ; Honduras, 569 ; Italy, 588 ; Liberia, 633 ; Netherlands, 770 ; Nicara- gua, 783; Orange Free State, 795; Paraguay, 833 ; Peru, 1200 ; Portugal, 894 ; Rou- mania, 925 ; Salvador, 967 ; Servia, 989; Swiss Co.nfederation, 1075 ; Tonga, 1207. respecting the withdrawal of exequaturs — Germany, 363; Great Britain, 412; Greece, 505; Sweden and Norway, 1062"; Colombia (New Granada), 203; Swiss Confedera- tion, 1075. consulshave no diplomatic character- Colombia (New Granada), 209 ; Salvador, 970. 3769 TK-- — 89 • 1410 ANALYTICAL INDEX. Consuls, tkbaties respecting. 1. Reciprocal agreements— Continued. they are appointed for the protection of trade — Great Britain, 412 ; Liberia, 633 ; Nicaragua, 783 ; Ottoman Porte, 799 ; Paraguay, 833 ; Salvador, 967 ; Tonga, 1207. provisions for the appointment of vice-consuls, consular agents, and other offi- cers — Austria, 33 ; Belgium, 82 ; Colombia (New Granada), 209 ; France, 351 ; Ger- many, 365 ; Italy, 590 ; Netherlands. 771 ; Eoumania, 927 ; Salvador, 969 ; Servia, 990. who may act in the event of the incapacity, absence, or death of a consul — Austria, . 33 ; Belgium, 81 ; France, 351 ; Germany, 364 ; Italy, 590 ; Netherlands, 771 ; Eou- mania, 927 ; Servia, 990. in what cases consuls may apply to the local authorities — Austria, 33; Belgium, 82; Colombia (New Granada), 207; France, 351; Germany, 365; Greece, 506; Italy, 590; Netherlands, 772 ; Eoumania, 927; Salvador, 967 ; Servia, 990. when they may apply to the government — Austria, 33; Belgium, 82; Colombia (New Granada), 207 ; France, 351 ; Germany, 365 ; Greece, 506 ; Italy, 590 ; Netherlands, 772 ; Eoumania, 927 ; Salvador, 967 ; Servia, 990. they may appear as the natural defenders of their countrymen — Colombia (New Granada), 207 ; Salvador, 968. they shall not give passports in certain cases — Colombia (New Granada), 210 ; Sal- vador, 970. the consuls-general of each power may travel freely in the territories of the other — Japan, 602. consuls shall enjoy the privileges of consuls of the most favorged nations — Ar- gentine Confederation, 21 ; Austria, 36; Belgium, 80; Colombia (New Granada), 203; Corea, 216; Costa Eica, 225; Dominican Eepublio, 252; Ecuador, 263; France, 354 ; Germany, 364 ; Meoklenbnrg-Schwerin, 656 ; Oldenburg, 792 ; Ha- waiian Islands, 543; Hayti, 559; Honduras, 569; Italy, 592; Madagascar, 646 ; Netherlands, 770 ; Nicaragua, 783 ; Orange Free State, 795 ; Paraguay, 833 ; Per- sia, 838 ; Peru, 1200 ; Portugal, 894; Prussia, 919 ; Eoumania, 925; .Eussia, 935 ; Servia, 989 ; Spain, 1013 ; Swiss Confederation, 1075 ; Tripoli, 1086 ; Tonga, 1207 ; Zanzibar, 1210. consuls who are citizens of the state which appoints them are exempt from military billetings and from military service — Austria. 32 ; Belgium, 80 ; France, 350 ; Ger- many, 364; Italy, 589; Netherlajids, 770; Eoumania, 926; Servia, 989. consuls who are not citizens of the country in which they reside areexempt from all public service — Colombia (New Granada), 209; Denmark, 233 ; Peru, 1200: Salva- dor,- 970. provisions respecting exemption from arrest — Belgium, 80; Italy, 589; Netherlands, 770; Eoumania, 926; Salvador, 970; Servia, 989. consuls shall enjoy personal immunities — Austria, 32 ; France, 350 ; except that in France, if they are citizens thereof, or own property, or engage in commerce there- in, they can only cl,aim the immunities of commercial agents, 350. they shall finjoy the privileges necessary for their functions, in respect of the de- serters from the vessels, whether public or private, of their countries — ^Nether- lands, 762 ; Sweden and Norway, 1063 ; but the said deserters may be prosecuted for violations of the laws of the country in which they reside — Sweden and Nor- way, 1063 ; Portugal, 895. 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, 99 ; Denmark, 233 ; Ecuador, 263 ; Germany, 364 ; Hayti, 560 ; Colombia (New Granada), 203 ; Peru, 1200 ; Salva- dor, 967. if they are citizens of the state which appoints them, and do not own real estate uor engage in business they are to be exempt from all taxation — Austria, 32. if they are citizens of the state which appoints them, and do not own real estate, uor have capital invested, nor pursue a profession or business, they are to be ex- empt from all taxation— Belgium, 80 ; Italy, 589 ; Eoumania, 926 ; Servia, 989 ; ex- cept customs, octroi, and excise duties — Netherlands, 770. their official income is not subject to taxation — Germany, 364. they may establish a chancery — Salvador, 969. their persons and dwellings kre to be subject to the laws of the country, except as specially exempted by treaty— Colombia (New Granada), 210. if they are in business, they are to be subject to the laws of the country — Domini- can Eepublio, 252; Hawaiian Islands, 543-4; Orange Free State, 795; Portugal, 894; Prussia, 919; Eussia, 935; Swiss Confederation, 1075 ; but in such case can be detained only for commercial debts— Austria, 32. if they are citizens of the country in which they reside, they are to continue sub- ject to its laws — Dominican Eepublio, 252. they are to be independent of the state in which they reside in what concerns their ■ functions— Colombia (New Granada), 209; Salvador, 970. ANALYTICAL INDEX. 1411 Consuls, treaties kespbcting. 1. Ekcipuocal agreements— Continued. they may employ their good offices in favor of citizens of another country where there is no consul in that conntry — Colombia (New Grauada), 209 ; Salvador, 970. they are not required to appear in courts of jaatice as witnesses— France, 351; ex- cept for defense of i)ersons charged with crime — Austria, 32 ; Belgium, 81 ; Italy, 589; Netherlands, 771; Koumania, 926; Salvador, 970; Servia, 9d9. their testimony in other cases shall be taken at their dwellings — Austria, 32; Bel- gium, 81; Italy, 589; Netherlands, 770; Eoumania, 926; Servia, 989. they shall be invited in writing to appear in court, and, if unable to do so, their testimony may be requested in writing or taken at their dwellings— France, 354 ; Belgium, 81 ; Italy, 589 ; Netherlands, 770 ; Eoumania, 926 ; Salvador, 970 ; Servia, 989. when their testimony is required, they are to be summoned in writing — Colombia (New Granada), 209, consular arms, name, flag, etc.— Austria, 32;. Belgium, 81 ; Colombia (New Granada), 209; France, 351; Germany, 364; Italy, 589: Netherlands, 771: Eoumania, 926; Servia, 989; Salvador, 970. inviolability of consular archives — Austria, 33; Argentine Confederation, 21 ; Bel- gium, 81; Bolivia, 99; Colombia (New Granada), 209; Denmark, 234 ; Dominican Eepublic, 252; Ecuador, 263; France, ^51; Germany, 364; Greece, 505 ; Hayti, 560 ; Italy, 589 ; Netherlands, 771 ; Orange Free State, 796 ; Peru, 1200 ; Portugal, 894 ; Eoumania, 927 ; Salvador, 970 ; Sweden andNorway, 1062 ; Servia, 990 ; Swiss Confederation, 1075. inviolability of consular offices, etc.— Belgium, 81; France, 351: Bolivia, 99; Ger- many, 364; Italy, 589; Eoumania, 927 ;. Salvador, 970 ; Servia, 990. what depositions and papers they may receive and verify — Austria, 33 ; Belgium, 82; Colombia (New Granada), 207; France, 352; Germany, 365; Italy, 590; Neth- erlands, 772; Eoumania, 927-8; Salvador, 968-9 ; Servia, 990-1. their authority over their national vessels in the ports of the conntry in which they reside — Austria, 34; Belgium, 82; Colombia (New Granada), 207; France, 353; Germany, 366 ; Italy, 594 ; Netherlands, 772 ; Eoumania, 928 ; Salvador, 968. they have a right to be notified of intended searches by customs officials and to be present — Austria, 34; Germany, 366. jurisdiction over disputes between masters, officers, and crews of national vessels — Austria, 34; Belginin, 82 ; Colombia (New Granada), 208; Denmark, 240 ; Do- minican Eepublic, 252 ; France. 352 ; Germany, 366 ; Greece, 505 ; Oldenburg, 792 ; Mecklenburg-Schwerin, 056 ; Hauseatic Eepnblic, 538 ; Italy, 591 ; Netherlands, 772; Portugal, 894; Prussia, 919; Eussia, 935; Salvador, 968; Sweden and Nor- way, 1062. provisions respecting arrest of deserters — Austria, 35; Belgium, 83; Bolivia, 99; Colombia (New Granada), 203, 208; Denmark, 240; Dominican Eepublic, 252; Ecuador, 263; France, 343, 344; Germany, 367; Greece, 506; Oldenburg, 792; Mecklenburg-Schwerin, 656 ; Hanseatio Eepublics, 537 ; Hawaiian Islands, 544 ; Hayti, 560; Italy, 591; Madagascar, 640, 650; Netherlands, 773; Peru, 1200; Portu- gal, 894; Prussia, 919; Eoumania, 92S; Eussia, 935; Salvador, 969 ; Spain, 1021 ; Sweden and Norway, 1063 ; Tonga, 1207. provisions respecting the adjustments of damages suffered at sea — Austria, .S5; Belgium, 83; Colombia (New Grauada), 208 ; Germany, 367; Italy, 593; Nether- lands, 773; Eoumania, 929; Salvador, 968. ' provisions respecting salvage and wrecks — Austria, 35; Belgium, 83; Colombia (New Granada), 208; Corea, 217; France, 353; Germany, 368; Hawaiian Islands, 544; Italy, 592; Madagascar, 650 ; Netherlands, 773; Eoumania, 929; Salvador, 968. consuls as arbitrators in differences between their fellow countrymen— Tunis, 1094; Colombia (New Granada), 208; Salvador, 968. right of being present at trial of their countrymen — Tunis, 1094. rights of consuls in respect to their countrymen dying intestate — Austria, 36 ; Bel- gium, 84; Germany, 366; Italy, 592; Netherlands, 774 ; Eoumania, 929; Serbia, 991; Tunis,1094; Colombia (New Granada), 208; Peru, 1201 ; Salvador, 969 ; Cos- ta Eiea,.225; Honduras, 569; Nicaragua, 782; Paraguay, 833. 2. Agreements which are not reciprocal: (See Asylum.) jurisdiction of consuls in non-Christian countries (see Exterritoriality) : Borneo, 103 ; China, 162; 167, 185 ; Corea, 217, 218 ; Japan, 604, 605 ; Madagascar, 639, 640, 646; Morocco, 732, 733; Muscat, 745; Ottoman Porte, 799; Persia, 837; Samoa, 973; Siam, 995-6-8; Tripoli,- 1088 ; Tunis, 1094-5 ; Tonga, 1207, Zanzibar, 1210. 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, 745 ; > Ottoman Porte, 800. privileges of an American consul in China, 163 ; of a Chinese consnl in the United States, 180. consuls shall not be oflloiaUy responsible for the debts of their countrvmen — Trip- oli, 1086. 1412 ANALYTICAL INDEX. Contraband of war: (S>&& Blockade, Prizes, War.) provisions respecting — Bolivar, 95-6 ; Colombia (New Granada), 199, 200 ; Domin- ican Eepublic, 24S-251; Ecuador, 259-262; Hayti, 556-558; Italy, 585; Peru, 1196, 1197; Prussia, 911; Salvador, 962,963; Spain, 1011; Sweden (see Sweden and Norway), 1044-48. Convoys. (See Vessels.) CoREA : (See Consuls.) declaration' of amity with, 216. appointment of diplomatic and consular officials in the respective countries, and privileges, rights, and immunities of the same, 216. clandestine trade with, forbidden to American vessels, 217. protection, of citizens of the United States therein, 217. tariff on imports therein, 218. privileges of citizens of the respective countries, 218, 919. exportations of breadstnfifs and red ginseng from, prohibited, 219. importation of munitions of war into, restricted, 219. Costa Rica: treaty of 1850 with Great Britain respecting ship-canal in, 440. neither party will occupy, fortify, colpliize, or exercise dominion over it, 441. Cottons: long staple and short staple brought directly to France in vessels of either country subject to the same duty, 347. import duty on, abolished in Mecklenbnrg-Schwerin, 655; Oldenburg, 792. Counterfeit MONEY. (Jieei Extradition.) Currency: measures to be adopted by Japan for the exchange of, so soon as existing treaties in regard to currency are modified — Japan, 614. D. Danish colonies : * certain colonies not affected by treaty of 1826 — Denmark, 233. direct trade between Denmark and the West Indian colonies not affected by the same — Denmark, 233. Dardanelles, Straits of the : United States vessels to enjoy the privileges of the most favored nation in — Otto- man Porte, 800 ; when United States goods and goods in United States vessels are . exempt from dues, Ottoman Porte, 804; firmans for the passage of, Ottoman Porte, 806. Debts: (See War.) how collected in China, 166. Deceased persons, estates of. (Sbe Consuls, Personal properly. Peal estate. Dip- lomatic agents.) • Denmark. (See JDanish Colonies.) Deserteks from vessels. (See Consuls,) Distraction, droit de : (See Personal property. Real estate, Succession.) — Bavaria, 45 ; Hanseatic Republics, 535 ; Hesse, 562 ; Nassau, 747 ; Saxony, 981 ; Spain, 1009 ; Sweden,' 1044 ; Wiirtemberg, 1144. Detroit River. (See Navigation.) Diplomatic agents: their privileges are to be those of the diplomatic agents of the most favored na- tion — Argentine Confederation, 21 ; Bolivia, 99 ; China, 161; Corea, 216 ; Colombia (New Granada), 203; Costa Rica, 225; Euoador,262; Hayti, 559; Honduras, 569 ; Nicaragua, 783; Paraguay, 833; Persia, 836; Peru, 1199; Salvador, 967. they may nominate curators of property of Americans deceased intestate — Nicara- gua, 182; Salvador, 966. in Persia they are not to employ more servants than are allowed to Russians, 838. shall not afford asylum to Persian subjects, 838. not to interfere in claims of their countrymen, until legal remedies shall have been exhausted — Peru, 1201. Discriminating Duties. (See Beciprocal commercial agreements.) Drawbacks and Bounties. {See Peciprooal commercial agreements.) Dues. (See Peciprocal commercial agreements, Dardanelles.) Duration of treaties: treaties which are regarded as terminated or suspended. (See notes, title Abro- gated, suspended, or obsolete treaties.)' Duties: (See Cotton, Reciprocal commercial agreements, Discriminating duties.) import duties regulated hy oonvention-^China, 169 ; Corea, 218 ; Egypt, 273 ; Japan (obsolete, "603, 610, 612), 623 ; Madagascar, 629 ; Siam, 997 ; Muscat, 744 ; Zanzi- bar, 1209. provisions regarding, in treaty of 1871 with Great Britain, 487. on successions (see Personal proper*?/, iJeaZ estate). — ANALYTICAL INDEX, 1413 E. Education : mntnal privileges in respect to — China, 181. Egttpt : extension of the convention between Greece and Egypt to the United States, 272. commerce as respects customs dues to be treated on the basis of the most favored nation, 273. prohibition to import or export must be applied to all nations impartially, 273, provisions respecting tariff, 273. provisions respecting tobacco, 273. no prohibition of American products, excepting arms and munitions of vrar, 273, 274. imported and re-exported goods to be treated as goods in transit, 274. export duty of 1 per cent, ad valorem on productions of the soil and industry of Egypt, 274. exemption of personal effects of consuls from examination and payment of duties, exceptions, 274. provisions concerning manifests, declarations by owners of goods, search of vessels, fines, etc., 275. customs regulations, 276. Elbe. (See Brunshausen dries.) Embargo. (See RecAproeal privileges of citizens.') Embezzlement. (See Extradition.) Emigration : tax on, abolished by treaty with Bavaria, 45 ; Hesse, 562 ; Saxony, 981 ; Wurtem- berg, 1144. Bavarian laws to prevent, not affected by convention — Bavaria, 46. Rnssian laws to prevent, are not affected by Article X of the treaty of 1832 — Rus- sia, 936. Swedish laws to prevent, are not affected by Article VI of the treaty of 1783— Swe- den, 1044. free emigration permitted from China — Chiaa, 181. right of Japanese to emigrate when provided with passports — Japan, 616. Enemy. (See Vessels, War.) Estates. (See Personal property, Ecal estate. ) Examination of books and papers. (See Beclprocal privileges of citizens.) Export duties : tariff of, established by treaty— Japan, 619 ; Chiua, 173. Exterritoriality : in Borneo, 103; China, 167, 185; Corea, 217»18; Japan, 604; Madagascar, 639-40, 646; Morocco, 7^2; Muscat, 745; Persia, 837; Ottoman Porte, 799; Samoa, 973; Siam, 995; Tripoli, 1088; Tunis, 1094; Tonga, 1207; Zanzibar, 1210. Extradition: granted on proof of the commission of the following crimes in the manner pointed out in the several treaties : Jftoriiore.- Belgium, 85 ; Luxemburg, 635. ^rsoM.— Austria, 30; Baden, 41 ', Bavaria, 47; Belgium, 85; Bremen, 118; Domini- can Republic, 253 ; Ecuador, 269; France, 348; Great Britain, 437 ; Hawaiian Isl- ands, 545; Hayti, 561; Italy, 579; Japan, 626; Luxemburg, 635; Mecklenburg- Schwerin, 569 ; Slecklenburg-Strelitz, 660 ; Mexico, 699; Netherlands, 776 ; Nica- ragua, 787; North German Union, 791; Oldenburg, 793;. Orange Free State, 796; Ottoman Porte, 822 ; Peru (obsolete), 889 ; Prussia, Saxony,Hesse, Hesse and by Rhine, Saxe-Weimar-Eisenaoh, Saxe-Meiningen, Saxe-Altenburg, Saxe-Coburg- Gotha, Brunswick, Auhalt-Dessan, Anhalt-Bernburg, Nassau, Schwarzburg-Rudol- stadt, Sohwarzburg-Sondershausen, Waldeck, Reuss elder branch, Reuss junior branch, Lippe, Hesse-Homburg, Frankfort, 9^1-22; Salvador, 9.56; Schaumburg- Lippe, 983; Spain; 1028; Sweden and Norway, 1,067; Swiss Confederation, 1076; Wiirtemberg, 1147. aasassmation.— Belgium, 85 ; Dominican Republic, 253 ; Ecuador, 269 ; France, 348 ; Hayti, 561; Italy, 578; Luxemburg, 635 ; Mexico, 699; Netherlands, 775 ; Nicara- gua, 787 ; Orange Free State, 796 ; Ottoman Porte, 822 ; Salvador, 955 ; Spain, 1028 ; Sweden and Norway, 106ff ; Swiss Confederation, 1076. assault toith intent to commit niMrder.— Austria, 30; Baden, 41; Bavaria, 47; Belgium, 85; Bremen,118; Dominican Republic, 253 ; Prance,348; Great Britain, 437; Hayti, 561 ; Italy, 578 ; Japan, 626 ; Luxemburg, 635 ; Meoklenburg-Schwerin, 659 ; Meck- lenburg-Strelitz, 660 ; Mexico, 699 ; Netherlands, 775 ; North German Union, 791 ; Oldenburg, 793 ; Orange Free State, 796; Ottoman Porte, 823; Prussia and other states, 921-922; Salvador, 955 ; Sweden and Norway, 1066; Swiss Confederation, 1076 ; Spain, 1028. 1414 ANALYTICAL INDEX. Extradition— Continued. bigamy. — Belghim, 85 ; Luxemburg, 635. breaking and entering public offices, etc. — Japan, 626; Netherlands, 776; Spain, 1028. breaking and, entering the house of another in the day or night time with intent to commit felony. — Japan, 626. burglary. — Belgium, 85; Ecuador, 269; France, 349; Italy, 579; Japan, 626; Lux- emburg, 635 ; Mexico, 699 ; Netherlands, 776 ; Nicaragua, 787 ; Ottoman Porte,822 ; Salvador, 956 ; Spain, 1028. complicity in the crimes or offenses specified in the treaty. — Spain, 1038. counterfeit money, fabrication or dirculation of. — Austria, 30; Baden, 41 ; Bavaria, 47 ; Belgium, 86 ; Bremen, 118 ; Dominican Republic, 253 ; Ecuador, 269 ; France, 348 ; Hayti, 561 ; Italy^ 579 ; Japan, 626 ; Luxemburg, 635 ; Meoklenburg-Sohwerin, 659 ; Mecklenburg Strelitz, 660; Netherlands, 776; Nicaragua, 787; North German Union 791; Oldenburg, 793; Ottoman Porte, 822; Prussia and other states, 921-922; Salvador, 956; Schaumburg-Lippe, 983; Spain, 1028; Sweden and Nor- way, 1067 ; Wiirttemberg, 1147 ; and tlie introduction of or making instruments for the fabrication of, Mexico, 699. counterfeiting- bonds, bank-notes, seals, dies, stamps, etc. — Belgium, 86 ; Ecuador, 269 ; Italy, 579; Japan, 626; Netherlands, 776; Nicaragua, 787; Ottoman Porte, 822; Salvador, 956 ; Spain, 1028. embezzlement of public money. — Austria, 30; Baden, 41 ; Bavaria, 47; Bremen, 118; Mecklenburg-Schwerin, 659; Mecklenburg-Strelitz, 660; Mexico, 699; North- German Union, 791 ; Nicaragua, 787 ; Oldenburg, 793 ; Prussia and other coun- tries, 921-22 ; Schaumburg-Lippe, 983 ; Wiirttemberg, 1147. embezzlement of public money by public officers. — Dominican Eepublic, 253 ; France, 348;. Hayti, 561; Belgium, 86; Ecuador, 269; Italy, 579 ; Japan, 626; Nether- lauds, 776; Nicaragua, 787; Orange Free State, 796; Ottoman Porte, 822; Salva- dor, 956; Spain, 1028, 1037; Sweden and Norway, 1067; Swiss Confederation, 1076. ■. ■ embezzlement J}y persons hired or salaried. — Belgium, 86; Dominican Eepublic, 253; France, 354; Hayti, 561; Italv, 579, 580; Netherlands, 776; Nicaragua, 787; Orange Free State, 796; Ottoman Porte, 822; Salvador, 956; Spain, 1028, 1037; Swiss' Confederation, 1076. forged paper, utterance of . — Bavaria, 47; Belgium, 86; Bremen, 118; Ecuador, 269; France, 354 ; Great Britain, 437; Hawaiian Islands, 545 ; Hayti, 561 ; Italy, 579; Japan, 626; Mecklenburg-Schwerin, 659; Mecklenburg-Strelitz, 660; Mexico, 699; Netherlands, 776; Nicaragua, 787; North German Union, 791; Oldenburg, 793; Orange Free State, 796; Ottoman Porte, 822; Prussia and other states, 921-22; Salvador, 956; Spain, 1028 ; Swiss Confederation, 1076. forgery. — Austria, 30; Baden, 41 ; Bavaria, 47; Belgium, 86; Bremen, 118 ; Doniin- i can Eepublic, 253; Ecuador, 269; France, 348,354; Great Britain, 437; Hawaiian Islands, 545; Hayti, 561; Italy, 579; Japan. 626; Mecklenbufg-Schwerin, 659; Mecklenburg-Strelitz, 660; Mexico, 699; Netherlands, 776; Nicara,gua, 787; North German Union, 791; Oldenburg, 793; Orange Free State, 796 ; Ottoman Porte, 822; Prussia and other states, 921-22 ; Salvador, 956; Schaumburg-Lippe, 983; Spain, 1028; Sweden and Norway, 1067; Swiss Confederation, 1076; Wtirt- tomburg, 1147. .: in/(Mitci(Ze.— Belgium, 85; Dominican Eepublic, 253 ; Ecuador, 269; France, 348; Hayti, 561 ; Italy, 578; Mexico, 699; Netherlands, 775; Nicaragua, 787; Orange Free State, 786 ; Ottoman Porte, 822; Salvador, 955; Spain,' 1028; Sweden and Norway, 1066; Swiss Confederation, 1076. kidnapping.— ItaXy, 596 ; Mexico, 699 ; Spain, 1028-1038. larceny of goods and chattels of the value of $25 or upwards. — Mexico, 699 ; Spain, 1038. malicious destruction of or attempt to destroy railways, public edifices, etc., when the act endangers human life. — Japan, 626. . • mutimi. — Belgium, 85; Ecuador, 269; Italy, 579; Nicaragua, 787 ; Ottoman Porte, 822; Salvador, 956; Spain, 1028-1037; Sweden and Norway, 1066. murder. — Austria, 30; Baden, 41 ; Bavaria, 47; Belgium, 85; Bremen, 118 ; Do- minican Eepublic, 253; Ecuador, 269; France, 348; Great Britain, 437; Hawaiian Islands, 545 ; Hayti, 561 ; Italy, 578 ; Japan, 626 ; Mecklenburg-Schwerin, 659 ; Mecklenburg Strelitz, 660 ; Mexico, 699 ; Netherlands, 776 ; Nicaragua, 787 ; North German Union, 791 ; Oldenburg, 793 ; Orange Free State, 796 ; Ottoman Porte, 822 ; Prussia and other states, 921-22 ; Salvador, 955 ; Schaumburg Lippe, 983 ; Spain, 1028 ; Sweden and Norway, 1066 ; Swiss Confederation, 1076 ; WUrttem- burg, 1147. murder, assault with intent to Mil, and manslaughter on the high seas, committed on ves- sel of demanding country. — Japan, 626. obtuining by threats or false devices, money, valuables, etc. — Spain, 1038. ANALYTICAL INDEX. 1415 Extradition— Contimied. ■ » parricide. Belgium, 85 ; Dominican Republic, 253 ; Ecuador, 269 ; France, 348 ; Hayti, 561 ; Italy, 578 ; Mexico, 699 ; Netherlands, 775 ; Nicaragua, 787 ; Orange Free State, 796 ; Ottoman Forte, 822 ; Salvador, 955 ; .Sweden and Norway, 1066 ; Swiss Confederation, 1076. perjury, or the subornation of. — Japan, 626. iJM'ac]/.— Austria, 30; Baden, 41 ; Bavaria, 47; Belgium, 85; Bremen, 118; Domini- can Republic, 253 ; Ecuador, 269 ; Great Britain, 437 ; Hawaiian Islands, 545 ; Hayti, 561 ; Italy, 579 ; Japan, 626 ; Mecklenburg-Sohwerin, 659 ; Mecklenburg- Strelitz, 660; Mexico, 699; Nicaragua, 787 ; North German Union, 791; Olden- burg, 793; Orange Free State, 796; Ottoman Porte, 822; Prussia and other states, 921-22 ; Salvador, 956 ; Schaumburg-Llppe, 983 ; Spain, 1 0S»8, 1037 ; Sweden and Norway, 1066; Swiss Confederation, 1076; VViirttemberg, 1147. jjoisonirajr.— Belgium, 85 ; Dominican Republic, 253 ; Ecuador, 269 ; France, 348 ; Hayti, 561 ; Italy, 578 ; Mexico, 699 ; Netherlands, 775 ; Nicaragua, 787 ; Orange Free State, 796 ; Ottoman Porte, 822 ; Salvador, 955 ; Spain, 1028: Sweden and Norway, 1066 ; Swiss Confederation, 1076. rape, Belgium, 85; Dominican Republic, 253; Ecuador, 269; France, 348; Hayti, 561 ; Italy, 579 ; Japan, 626 ; Mexico, 699 ; Netherlands, 776 ; Nicaragua, 787 ; Orange Free State, 796; Ottoman Porte, 822; Salvador, 956; Spain,1028; Sweden and Norway, 1066 ; Swiss Confederation, 1076. reception, knowingly, of articles obtained hy metina of one of the crimes specified in the convention. — Belgium, 86. rohiery. — Austria, 30 ; JBaden, 41 ; Bavaria, 47; Belgium, 85 ; Bremen, 118 ; Domin- ican Republic, 253; Ecuador, 269; France, 349; Great Britain, 437; Hawaiian Islands, 545; Hayti, 561; Italy, .579; Japan, 626; Mecklenburg-Sohwerin, 659; Mecklenburg-Strelitz, 660; Mexico, 699; Netherlands, 776 ; Nicaragua, 787 ; North German Union, 791 ; Oldenburg, 793 ; Orange Free State, 796 ; Ottoman Porte, 823; Prussia and other states, 921-22 ; Salvador, 956 ; Spain,- 1028; Sweden and Norway, 1067; Swiss Confederation, 1076 ; Wurttemberg, 1147. slave-trade. — Spain, 1038. wilful and unlawful destruction or olistruotion of railroads. — Belgium, 86. expenses of the detention and delivery are to be borne by the party making the demand (all the treaties referred to under Murder, supra). politioal'offences, extradition will not be granted for. — Austria, 30 ; Baden, 42 ; Bel- gium, 86-7; Dominican Republic, 253 ; Ecuador, 270; France, 349; Hayti, 561; Italy, 579; Japan, 626; Mexico, 699; Netherlands; 776; Nicaragua, 788; Orange Free State, 797 ; Spain, 1028; Sweden and Norway, 1067; Swiss Confederation, 1077 ; nor for offences committed before the treaty. — Austria, 30 ; Belgium, 86 ; ■ Dominican Republic, 253 ; France, 349; Hayti, 561; Mexico, 699 ; Netherlands, 776; Orange Free State, 797 ; Spain, 1028; Swiss Confederation, 1077. citizens of the country on which the demand is made are not obliged to be given up. — Austria, 30; Baden, 42; Bavaria, 48 ; Belgium, 87; Bremen, 118; Hayti, 561; Japan, 626; Mecklenburg-Schwerln, 659; Mecklenburg-Strelitz, 660; Mexico, 699; Netherlands, 777; North Germany, 791 ; Ottoman Porte, 823; Oldenburg, 792; Prussia and other states, 923; Spain, 1029; Sweden and Jiforway, 1067; Salvador, 956. extradited persons not to be tried for crimes committed previously to that for which their surrender is asked. — Belgium, 86; Ecuador, 270; Netherlands, 776; Otto- man Porte, 822; Salvador, 956. extradited persons not to be tried for an offense other than that for which extradi- tion is granted. — Japan, 626. if the person demanded h3,8 committed a crime in the state where found, no surren- der is to be made till after the punishment thereof. — Austria, 30 ; Baden, 42 ; Ba- varia, 48; Belgium, 87; Bremen, 118; Ecuador, 270; Italy, 579; Netherlands, 777; Nicaragua, 788; Mecklenburg-Schwerin, 659 ; Mecklenburg-Strelitz, 660; North German Union, 791; Oldenburg, 792 ; Ottoman Porte, 823 ; Prussia and other states, 923; Salvador, 956; Schaumburg-Lippe, 983'; Spain, 1029; Sweden and Norway, 1067: Wurttemburg, 1146. if the person demanded has committed a crime in the state where found, it shall be optional with it to surrender or try him. — Jap"an, 626. mode of procedure for extradition of criminals (see all the treaties referred to under Murder, supra). if prosecution be barred by lapse of time, extradition shall not be granted. — Bel- gium, 88; Netherlands, 776 ; Spain,- 1029. in case of demand by more than one Government for the same person, he shall be surrendered to that which makes the first demand. — Netherlands, 777. articles found in possession of the criminal are to be given up. — Belgium," 88 ; Neth- erlands, 777 ; Spain, 1029. 1416 ANALYTICAL INDEX. Extradition— Continued, ■warrant of preliminary arrest, when and by whom to issue — Italy, 596 ; Spain, 1038. provisions in the treaty_ with Siam relating to extradition, 996. former treaties of, continued— Austria, 38: Baden, 44; Bavaria, 49; North German Union, 791. F. Favored Nation Clause: (For reciprocal agreements in this respect see ComsmZs, Diplomatio agents, Persia, Heal estate, Seeiprocal commereial agreements, Reciprocal privileges of- tAtizens, Ships of war — Corea, 220-1 ; Madagascar, 652 ; Serbia, 98y. the general clause in the treaty with Bolivia applies only in what pertains to the navigation of rivers, to concessions which the Government may authorize for navigating fluvial streams which do not present obstructions — Bolivia, 90. privileges or rights granted to citizens or subjects of. any other nation respecting their commerce and navigation at the Sound and Belts, or of transit through Dan- ish territory to be enjoyed by citizens of the United States — Denmark, 239. construction of the words "most favored nations "^Ecuador, 264. ships of Prance on the footing of the most favored nation in the ports of Louisiana by the treaty of 1803— France, 333. thecommerce of the United States in the ports of the other power on the same basis as that of the most favored nation, the agreement not being reciprocal — Mo- rocco, 732 ; Ottoman Porte, 801 ; Siam, 998 ; China, 168 ; Muscat, 745 ; Samoa, 973 ; Egypt, 272 ; Zanzibar, 1209. goods imported into the ports of the other power in American bottoms to pay the same duties as those imported in vessels of the most favored nation, the agree- ment not being reciprocal — Japan, 604 ; Muscat, 745 ; Zanzibar, 1209. Fbrko:^ Islands: not affected by the treaty of 1826 with Denmark, 233. Fisheries : pro*-isions respecting, in the convention of 1818, 415. exempted from the operation of the commercial treaty with the Netherlands; 764. Florida : treaty for the cession of— Spain, 1017. Forced Loans. (See Semproeal privileges of citizens.) Forged Papers, Utterance op. {See Extradition.) Forgery. {See Mxtradition.) , Freedom of Commerce. (See Reciprocal commercial agreements.) Free Navigation. (See Navigation.) Free Ships, Free Goods. (See Neutral vessels.) G. Germanic Confederation : the states of, may accede to the provisions of the treaty of commerce of 1846 with Hanover, 528. GiLA-EiVER. {See Navigation.) Good Offices: when to be exercised in favor of China, 159 ; of Samoa, 973. Great Britain: (See Alienage ; notes title Abrogated, suspended, or oisolele treaties.) treaties prior to the war of 1812 with, regarded by Great Britaiu as terminated. (See notes title Abrogated, suspended, or obsolete treaties.) Greenland : not affected by treaty of 1826 with Denmark, 233. Guaranty : by the United States of the neutrality of the Isthmus of Panama — Colombia (New Granada), 205. of the neutrality of ship-canal in Nicaragua— Great Britain, 442. of an inter-oceanic route in Nicaragua — ^Nicaragua, 784, how the latter guaranty can be withdrawn — Nicaragua, 785. Hanover. (See notes title Abrogated, suspended, or obsolete treaties.) Harbor Dues. {See Bedprocal commercial agreements.) Hawaiian Islands. {See lieoiprocity.) protocol flxing date of taking effect of commercial reciprocity convention of Jan- uary 30, 1875, with, 549. convention extending the duration of the convention of January 30, 1875, with, and granting the United States the exclusive right to establish a coaling-station on Pearl Eiver, Hawaiian Islands, 1187. ANALYTICAL INDEX. 1417 Hudson Bay Company: rights of, protected by treaty of 1846 with Great Britain, 439. convention for determining the claims of — Great Britain, 467 I. Iceland : not affected by treaty of 1826 with Denmark, 233. Import Dutiiss : (See JReciprocal commercial agreements, Cottons.^ not to be collected on goods intended for re-exportation — Japan, 614. special provisions in treaty with Belgium, 61. tariff of, established by treaty— China, 170 ; Egypt, 273 ; Japan, 617 ; Muscat, 744. Indians : agreements regarding— Spain, 1007 ; Great Britain (as to trading), 380, 395,404; • France, 333 ; Mexico, 673. Industrial Property: accession of new States to the Union for the protection of, 1172. commercial name protected, without obligation of registration, in all the States of the Union for the protection of, 1171. convention for the protection of, 1168. definition of, 1173. definition of patents of invention, a branch of, 1173. duration of the convention for the protection of, and its denunciation, 1172. duties of the international bureau for the protection of, 1174. establishment of an international bureau for the protection of, 1171, 1172. establishment of a special department or bureau to take charge of, in each of the States of the Union, 1171. expenses of the international bureau for the protection of, 1174. introduction by the patentee into a State of the Union for the protection of, in which the patent has been granted of articles, manufactured under the patent in another State of the Union shall not entail forfeiture, 1170. members of the Union for the protection of, to pass the laws necessary to the exe- cution of the convention, 1172. periods during which an applicant for a patent, etc., in one of the States of the Union for the protection of, is protected against other applicants throughout the protection of, on exhibit at official or officially recognized international exhibi- tions, 1171. revision of the convention for the protection of, 1172. right of the parties to the convention for the protection of, to make between them- selves special arrangemenis not contrary to the conventioji, 1172. subjects or citizens of a State not belonging to the Union for the protection of, dom- iciled or having establishments in a State belonging to the Union have the same protection as the citizens thereof, 1170. subjects or citizens of all the States of the Union for the protection of, have the same protection in any State as the subjects or citizens thereof, 117.0. the French language is the offlcial language of the international bureau for the protection of, 1175. trade or commercial marks a branch of, 1170. articles bearing unlawfully a trade or commercial mark or the commercial name may be seized upon importation into a State of the Union for the protection of, where the mark or name is protected, at the instance of the public prosecutor or of an interested party ; application of these provisions and definition of interested party, 1171. nature of the production, upon which the trade or commercia,l mark is to be affixed, is not an obstacle to the registration of the mark, 1171. public armorial bearings and decorations are not to be registered as trade-marks, 1173. registration of trade or commercial marks, 1170. registration of trade or commercial marks may be refused if object for which it is asked is contrary to morals and pul^lic order, 1171. trade or commercial marks which satisfy the laws of the country of origin and are duly registered there, must be received for registration in the other States of the'Union, 1183. Infanticide. (See Extradition.) Infractions of treaties by citizens: governments not responsible for, of 1846 with Columbia (New Granada), 205 ; of 1839 with Ecuador, 264 ; of 1840 with Portugal, 896 ; of 1858 with Bolivia, 100 ; Peru, 1202; Salvador, 971. Internal improvements. (See China.) 1418 ANALYTICAL INDEX, International agreements : (See War, Weights and measures, Industrial property, Submarine cables.) convention fertile amelioration of the condition of the wounded in war, 1150. oonTentlon for the establishment of an international bureau of weights and meas- ures, 1157. convention for the protection of industrial property, 1168. convention for the protection of submarine cables, 1176. Interocbanic communication : (See Central America, Costa Eicaj Gvarantee, Nica- ragua.) provisions relating to, through Isthmns of Panamas-New Granada, 204, 205. between North and South America to be protected — Great Britain 413; agreements with Mexico respecting Tehuantepec, 697; concessions to the United States in Nicaragua, 784 ; dividends of companies in Nicaragua limited, 786 ; United States may protect route by force, 785. Intervention. (See China.) J. Japan: (See 'Notes, title Abrogated, suspended, or obsolete treaties.) commercial intercourse with, regulated by treaty of 1866, 613. annulment and modification of certain previous treaties, 622. no discrimination to be made against tlie United States, 662. no export duty to be levied on merchandise shipped to the United States, 622. suits for forfeitures growing out of violations of the treaties and of customs reg- ulations, etc., to be brought in United States consular courts, 623. control of coasting trade belongs to Japan, 623. provisions respecting duties and port chajges, 623. opening by Japan of additional ports, 623. Article V of treaty of 1858 abrogated, 623. provisions of former treaties conflicting with the present annulled, 623, 624. Land grants: certain, prior to the treaty of 1842 with Great Britain to be valid, 435 ; same as to grants prior to treaty of 1846 with the same power, 439 ; provisions concerning land grants in Florida — Spain, 1018; land grants in California, New Mexico, anil Texas — Mexico, 693; in Arizona — Mexico, 696. La Plata Eiver. (See Navigation.) Legalization of papers. (See Consuls.) Letters op marque: .(See Piracy, Privateers.) ■ , they are not to be taken by citizens of one State in the service of an eueray of the other — Bolivia, 97; Columbia (New Gi:anada), 202; Dominican Republic, 252; Ecuador, 262; Hayti, 559; Morocco, 7a0; Prussia, 913; Persia, 1199; Salvador, 965; Spain, 1010; Sweden (see Sweden and Norway), VA^^. Liberia : its relation with the native inhabitants, 633. Liberty of conscience. (See Reciprocal privileges of citizens.) Light DUES: (See Seciprocal commercial agreements.) amount limited by treaty with France, 344. Lights : open ports to be provided with — Japan, 616. Louisiana: cession of, by France, 331 ; payment for it — France, 333 ; certain claims of United States citizens on France to be satisfied by the United States — France, 336. M. Madagascar : treaty of peace, friendship, and commerce, 641. rights, privileges, duties, and immunities of subjects and citizens of the respective countries in the same, 641-2-3-4. provisions respecting commerce, customs, tariff, etc., vessels of war, coaling sta- tions, 644-5-6. diplomatic officers may be appointed in the respective countries, 646. arrest for crimes in, 647, 649. arrest of deserters from, United States vessels iu, 650. provisions respecting sanitary regulations, passports, etc., 649, 650. provisions respecting shipwreck, vessels in distress, etc., 650. provisions respecting bonding goods, inspection thereof, invoices, etc., 651. ANALYTICAL INDEX. 1419 MADAGASCAE^Continned. provisions respecting development of indastries, investment of capital, taxes, etc., 651-2. Mails : ' provisions respecting, in treatv with Hawaiian Islands, 545. with Tonga, 1206. Manufactures. (See Eeeiprocal commei-cial agreements.) Marque. {See Lettei-s of marque.') Marriages : citizens of one party may marry citizens of the other; such marriages to be con- sidered legal in cither's territory Salvador, 966. nationality not affected by marriage Salvador, 966. Martin Garcia: provisions concerning the island of— Argentine Confederation, 17. Mbcklenburg-Schwerin : accession to convention of commerce, navigation, etc., with Hanover, 653. accession to extradition convention with Prussia and other states, 658. Mecklenbueg-Strblitz : accession to extradition convention with Prussia and other states, 660. Mediation : when the President will act as a friendly mediator — Japan, 602. Mexico : (See Indian land grants, Notes, title Abrogated, suspended, or oisolele treaties.) treaty of commerce of 1831 revived lay article 17, treaty of 1848, 688. treaty for the relocation of the boundary line west of the Eio Grande, 711. destruction of the monuments a misdemeanor, 713. convention touching the boundary line between the two countries where it follows the bed of the Rio Colorado — Mexico, 721. convention to extend the time for resurveying and relocating the boundary line be- tween the two countries west of the Eio Grande — Mexico, 1189. Michigan, Lake. (See Navigation.) Military service. {See Beciprocal privileges of citizens.) Mississippi River. (See Navigation.) Mitchell's map: recognized as the map used in framing the treaty of 1783 with Great Britain, 430. Mixed tribunals: established by the slave-trade treaty of 1862 with Great Britain, 454 ; abolished by the convention of 1870 with Great Britain, 473. provisions respecting — Madagascar, 647, 648. Morocco : (See Notes, title Abrogated, suspended, or obsolete treaties.) a light-house to be maintained at Cape Spartel, Morocco, 734. convention for the establishment of protection in and conditions of protection, 738. who have the right to protect, 738. protection doesnot barsuits previously instituted against the protected persons, 739. protection extends to family, 739. names of protected persons to be furnished, 739,740. provisions respecting property, taxes, etc., 740,741. no irregular or unofficial protection perrflHted, 741. regulations relative to protection, 842. Mosquito Coast: neither party to occupy, fortify, colonize, or assume jurisdiction over — Great Britain, 441. Most favored nation. (See Favored nation clause.) Murder. (See Extradition.) N. Nassau. (See Notes, title Abrogated, suspended, or obsolete treaties.) Nationality : not affected by marriage or the possession of property — Salvador, 966. Naturalization : treaties relating to — Austria, 37 ; Baden, 43; Bavaria, 49; Belgium, 66; Denmark, ,241 ; Ecuador, 267 ; Great Britain, 470, 467 ; Hesse, 563 ; North German Union, 790 ; Sweden and Norway, 1068 ; W.Urtemberg, 1146. provisions concerning citizenship of inhabitants of territories annexed to the United States— France, 332; Mexico, 685,486; Spain, 1018; Russia, 941. Navigation : '. of the Parana and Uruguay — Argentine Confederation, 16 ; of the Amazon and La Plata — Bolivia, 98; Spain, 1007: of St. John River, New Brunswick — Great Brit- ain, 435; of the St. Lawrence — Great Britain, 436; of the Detroit — Great Britain, 436; of the St. Clair — Great Britain, 436; of the Columbia— Great Britain, 438; of the St. Lawrence, Yukon, Porcupine, Stikine, Lake Michigan, Canadian canals, canal on St. Clair Flats — Great Britain. 488, 489 ; of the Paraguay — Paraguay, 830. 1420 ANALYTICAL INDEX. Netherlands, The. (See Discriminating duties, Notes, title Abrogated, suspended, or obsolete treaties. ) Neutrality : , violation of, in building, arming, equipping,or increasing the force of cruisers, or in permitting neutral ports to be made the base of hostile operations, provisions respecting,, in treaty of 1871 with Great Britain, 481. Neutrals : (See Privateers, Prizes. ) one power being neutral shall protect the vessels and effects of the others in the waters within its jurisdiction — Morocco, 731 ; Tripoli, 1086 ; Tunis, 1092. the Vessels of one party being a belligerent sailing from ports of the other party be- ing a neutral, no vessels belonging to the enemy shstll sail for twenty-four hours .after departure— Morocco, 731 ; Tripoli, 1082, 1086. neutrals are bound to prevent, within their jurisdiction, the fitting out, arming or equipping of vessels intended to carry on war against a power, with which they are at peace — Great Britain, 481 ; and to detain such vessels when coming again within their j urisdiction — Great Britain, 48 1 ; not to permit their ports to be made bases of hostile naval operations, 481 ; not to permit renewals or augmentations of militar.y supplies or arms, or recruitment of men to be made there, 481 ; to use due diligence to prevent such violations of neutral duties, 481. neutral's property found in enemy's vessels to be protected, unless contraband of war — Bolivia, 95 ; Dominican Republic, 249 ; Hayti, 556 ; Morocco, 730 ; Russia, 938. such property, if captured, is to be restored — Morocco, 730 ; Tunis, 1090 ; Tripoli, 1085. such property is liable to capture unless put on board in ignorance of the war — Co- lombia (New Granada), 199 ; Ecuador, 259 ; Salvador, 962 ; Sweden (see Sweden and Norway), 1046. neutrals taken on enemy's vessels are to be set at liberty — Morocco, 730; Tunis, 1090 ; Tripoli, 1085. may trade with enemy — Peru, 1190 ; Salva;dor, 961. ■ may trade with the einemy, except in contraband of war — Bolivia, 95; Colombia (New Granada). 200 ; Dominican Republic, 248 ; Ecuador, 259; Hayti, 555; Italy, 585; Prussia, 902; Peru, 1196; Salvador, 961; Spain, 1010,1020; Sweden (see Siceden and Nonoay), 1044. neutral's property on enemy's vessel shall be free in cases where enemy's property on neutral's vessels is not protected by neutral's flag — Salvador, 962. neutral's property on enemy's vessel is liable to capture in cases where enemy's property on neutral's vessels is protected by neutral's flag — Salvador, 962. Neutral vessels: protect enemies, except officers or soldiers in actual service — Dominican Republic, 249; Ecuador, 259; Hayti, 556; Italy, 585; Peru, 1196; Prussia, 902; Salva- dor, 962 ; Spain, 1011 ; Sweden (see Sweden and Norway), 1044. protect enemy's property, except contraband of war — Bolivia, 95 ; Colombia (New Granada), 200; Dominican Republic, 249 ; Ecuador, 259; Hayti, 556; Italy, 585; Peru, 1196; Prussia, 902; Russia, 938; Salvador, 962; Spain, 1011; Sweden (see Sweden and Norway),- 1044. this rule will apply to the commerce and navigation of all powers who adopt it — Bolivia, 95; Colombia (New Granada), 200; Dominican Republic, 249 ; Ecuador, 259; Hayti, 556; Italy, 585; Peru, 1196; Russia, 938; Salvador, 962; Spain, 1020. neutral vessels are not to be confiscated if found in a besieged port after capture — Bolivia, 96; Colombia (Ne a- Granada), 201; Domihican Republic, 248 ; Ecuador, 260; Hayti, 555 ; M«xico, 670 ; Pern, 1197 ; Salvador. 962. Nicaragua: (See Guarantee, Inter -oceanic communications.) neither party will occupy, fortify, colonize, or exercise dominion over it — Great Britain, 441. free ports to be established on the Atlantic and Pacific — Nicaragua, 784. O. Oldenburg : accession to convention of commerce, navigation, etc., with Hanover, 792; accession to extradition convention with Prussia and other German States, 793. Opium : importation of, into the United States and Cliina forbidden to the citizens and sub- jects of the respective countries — China, 184. same provision respecting United States and Corea— Corea, 219. P. Pacific Ocean: neither party shall restrain citizens of the other in its navigation — Russia, 931 ; citizens of each not to resort to settlements of the other — Russia, 932 ; what com- merce is forbidden — Russia, 932. ANALYTICAL INDEX. 1421 Panama, Isthmus of : the rights of the United States and its citizens in and upon, defined— Colombia (New Granada), 204. . Pakaguay. (See Navigation.) Parana. (See Navigation.) Parricide. (See Extradition.) Passengers : act of March 5, 1855, to regulate the carriage of passengers in steam-ships and other vessels — Italy, 591. Passenger PACKETS. {See Ships of loar.) Passports: {See Prizes, Vessels.) effect of— Dominican Kepublic, 244 ; form of— France, 306, Peace, treaty or : , Mexico, 681. Pearl Kiver Harbor : the exclusive right of entry into, and the establishment there of a coaling and re- pair station granted the United States by Hawaii, 1188. Persia : crimes committed by Persians in the United States and by Americans in Persia to be judged according to the rules adopted respecting subjects of the most favored nation, 837. Personai, Property : (See Droit d'Aubaine, Consuls, Droit de detraction, Suoeesaion, War.) citizens of each in the country of the other may own personal property and may dispose of it by ^ift, will, or in any other way, and may take such property by gift, purchase, will, or succession, paying only such dues as the inhabitants of the country would pay in such case — Austria, 25, 27 ; Bavaria, 46 ; Bolivia, 94 ; Brunswick and Liineburg, 119 ; Colombia (New Granada), 198 ; Costa Kica, 224 ; Dominican Republic, 245 ; Ecuador, 258'; France, 352; Hanseatic Kepublic, 535 , Hawaiian Islands, 542; Hay ti, 553: Hesse, 562; Honduras, 568 ; Italy, 587; Meok- lenburg-Schwerin, 657 ; Nassau, 748 ; Nicaragua, 781 ; Oldenburg, 792 ; Orange Free State, 795 ; Paraguay, 832; Peru, 1194; Portugal, 895'; Prussia, 920; Russia, 936; Salvador, 960 ; Saxony, 981; Servia, 985; Spain, 1009 ; Swiss Confederation, 1071, 1074 ; "Wtirtemberg, 1144 ; Sweden (see Sweden and Norway), 1043. citizens of each in the country of the other may own and succeed, as above, and on removal of the property it shall be exempted from all duty called " droit de de- traction." — Sweden (see Sweden and Norway), 1043. in case of the absence of persons who would be entitled to personal property on the death of the owner, the property shall receive the same care which would be be- stowed upon the property of a native — Austria, 26, 27 ; Bavaria, 46 ; Brunswick and Luneburg, 1 19 ; Dominican Republic, 246 ; Hawaiian Islands, 542 ; Hay ti, 553 He8ee,563; Honduras, 569 ; Mecklenburg-Schwerin, 657 ; Orange Free State, 795 Prussia, 920; Russia, 936; S3,xony, 982; Spain, 1009; Swiss Confederation, 1071 Wiirtemberg, 1145. disputes as to the inheritance of such property shall be decided by the courts of the country where the property is situated — Austria, 26; Brunswick and Liineburg, 119; Dominican Republic, 246; Hawaiian Islands, 542; Hayti, 553; Hesse, 563; Honduras, 568 ; Mecklenburg-Schwerin, 657 ; Orange Free State, 795; Prussia, 920 ; Russia, 936 ; Saxony, 982 ; Spain, 1009; Swiss Confederation, 1071 ; Wiirtem- berg, 1145. Pilotage : (See Reciprocal commercial agreements. ) amount limited by treaty with France, 344. fees for, to be reduced— Belgium, 61. Piracy: (See Extradition, Letters of marque.) when accepting a letter of marque or commissiou may be — Colombia (New Gra- nada), 202; Ecuador, 262 ; Prussia, 913; Spain, 1010; Sweden, 1049. Pirates: {See Captures.) how punished in China, 163. Poisoning. (See Extradition.) Poland : treaty with Russia of 1832 extends to, so far as applicable, 937. Porcupine River. (See Navigation.) Port-dues: {Sea Reciprocal commercial agreements.) . of Antwerp — Belgium, 61; limited by treaty with France, 344. Ports : What are open in China, 163 ; in Japan, 602. Portugal. (See Discriminating duties.) Post-opfice packets. {See Ships of war.) Prisoners of war. (See War.) 1422 ANALYTICAL INDEX. Privateers : (See Asylum, Letters of marque.) forbidden to be fitted out in ports of either country to act against the other, to sell or exchapge prizes ther^or to purchase provisions except sufficient to take them to the next port of their own countrv — Dominican Republic, 351 ; Hay ti, 559. every person fitting out a privateer in either country shall give bonds to answer all damage — Bolivia, 96 ; Colombia (New Granada), 201 ; Dominican Eepublic, 250 ; Ecuador, 261 ; Prussia, 903 ; Salvador, 964 ; Sweden (see Sweden and Norway"), 1047. Privileges and protection: (See Consuls, BeHproeal privileges of citizens.) afforded to citizens of the United States residing oi: being within the territories subject to the jurisdiction of the other power — China, 162, 163, 181 ; Japan, 602, 603, 604 ; Morocco, 732 ; Siam, 997. Prizes: {^fki Asylum.) regulations respecting — Dominican Eepublic, 250,251,252; Hayti, 558,559; Mo- rocco, 730 ; Tripoli, 1085, 1087 ; Tunis, 1091. Prize causes: shall be heard only in established courts; the judgment shall state the reasons on which it is founded, and a copy shall be delivered to the master or agent of the vessel if demanded, and the legal fees be paid — Bolivia, 97 ; Colombia (New Gran- ada), 202; Dominican Eepublic, 251; Ecuador, 261; Hayti, 558; Peru, 1198; Salvador, 964. Produce and manueacture. (See Eeciprocal commercial agreements.) Protection, RIGHT of. {See Morocco.) PuGET Sound Agricultural Company : provisions of the treaty of 1846 respecting their lands — Great Britain, 439 ; conven- tion for determining the claims of Great Britain, 467. Quarantine. (See Be. passports are allowed them, which are to protect them and their property-^Domin- ican Republic, 244; Costa Rica, 226; Hayti, 552; Paraguay, ti34 ; Bolivia, 98; Sweden (see Sweden and Nonvay), 1049; Salvador, 965. all but merchants can remain, even after the expiration of the time named, pro- tected in person and property, unless they forfeit the right by their conduct — Colombia (New Granada), 202 ; Bolivia, 98. all can remain and be protected who behave peaceably and commit no offense against the laws — Honduras, 570 ; Nicaragua, 783. Eeciprocity: (See Fai^ored-nation clause. Consuls, Extradition, Neutrals, Naturali- zation, Seal estate. Personal property, Reciprocal commercial agreements, Reciprocal privileges of citizens, Vessels, War,) ANALYTICAL INDEX. 1429 Reciprocity— Continued . with Canada, Great Britain, 448 ; -with Hawaiian Islands, 546, 1187 ; with Mexico, 714, 722, 1190; with Spain, 1203, 1204. Ee-exportation : ,(See Seoiprocal commercial agreements.) imports for, not subject to import duties — Japan, 614. Eeugious BELIEF, FREEDOM OF : {&&& JRedprocdl privileges of oitizens.) citizens of United States in China shall enjoy, 168, 180 ; Chinese converts to Chris- tianity shall enjoy, 168; Americans in Japan shall enjoy, 605; American citizens visiting or residing in Siam shall be allowed, 997 ; shall not interfere with the harmony between the United States and Tripoli, 1086. Reprisals: are not to he made for infractions of a treaty until a statement of injuries shall have been made and redress refused or unreasonably delayed — Bolivia, 100; Colombia (New Granada), 205 ; Ecuador, 264 ; Portugal, 896 ; Salvador, 971. Retraite, Droit de : (See Personal property. Real estate.) abolished by treaty, Bavaria, 45; Hesse, 562; Saxony, 981 ; Wiirttemberg, 1144. Robbery, {^eo Extradition.) Russia : declaration as to the admeasurement of vessels in the respective countries, 943, 944. S. Salvage. (See Consuls, Reciprocal commercial agreements.) Samoa : privileges of United States vessels and citizens in Samoan ports, 972. no import or export duties on vessels of the United States, and tonnage, duty one- half of one cent per tori, 972. provisions relating to actions, civil or criminal, to which United States citizens are . parties, 973. good offices of the United States in case of a difficulty between Samoa and a nation at enmity with the former, 973. United States to have privileges accorded to most favored nation, 973. Sandwich Islands. {See Hawiian Islands, Steam vessels.) Sardinia. (See notes, title Abrogated, suspended, or obsolete treaties.) SCHAUMBURG-LlPPE : accession to extradition convention, 983. SCHELDT-DTJBS : arrangement for the capitalization of— Belgium, 60 ; treaty for the extinguishment of — Belgium, 62 Sea-letters: (See Vessels.) form of — France, 306. Seamen. (See Consuls.) Search. (See Vessels.) Serbia : convention for facilitating and developing commercial relations, 984. principle of the most favored nation applied throughout to the citizens and com- merce of the respective countries, 984 et seq. United States agree, with qualification, to surrender privileges and immunities enjoyed in virtue of capitulations with the Ottoman Empire, 991. 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, 581. entrance into harbors, rivers, etc.— Argentine Confederation, 18 ; Costa Rica, 222 ; Honduras, 566; Nicaragua, 780. of each may enter into the ports of the other — Borneol, 03 ; Morocco, 731. are not to be examined on any pretense whatevel:— Morocco, 731. of the United States are to be afforded facilities of intercourse in Chinese waters — China, 161. ' of the United States may anchor at Paknam, but shall not go above in the river without the consent of the Siamese authorities — Siam, 997. of the United States are to be entitled to a salute of twenty-one guns and are to return the same number — Tripoli, 1086 ; Tunis, 1097. of each party saluting a fort of the other are entitled to a salute of au equal num- ber of guns — Morocco, 731. 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— Italy, 586 ; Sweden, 1046. of the United States are to render friendly aid to Japanese vessels — Japan, 602. 1430 ANALYTICAL INDEX. Ships of war — Continued, of the United States and Turkey shall observe toward each other demonstrations of friendship and good intelligence according to naval usage — Ottoman Porte, 799. of each party are to protect the vessels of the other party — Prussia, 914. of each party in the ports of the other party are not liable to pay duties or charges on their prizes — Prussia, 913 ; Hayti, 558. of either of the parties may enter all ijorts, places, and waters ■withii] the jurisdic- tion of the other, to anchor and remain, take in stores, refit and repair, subject to the laws of the country — Tonga, 1206. arrangements respecting the force to be maintained on the Auierican lakes — Great Britain, 413. ^HiPWKECKS. (See Consuls, Beciprocal commercial agreements, WreoTcs.) Si AM : (See Ships of war. ) agreement regulating liquor traffic in, 1008. Sicilies, Two. (See notes, title Abrogated, suspended, or obsolete Ifeaties.) Silk: duties on — Japan, 613. Slaves: provisions in the treaty for the restoration ot — Great Britain, 400 ; further prcjivis- ions concerning, in the convention with Great Britain of 1818, 417 ; treaty of 1822 ■with Great Britain respecting the same, 418 ; award of the emperor of Russia, 423; convention with Great Britain for final adjustment, 424. Slave-trade. (See Vessels.) provisions regarding abolition of — Great Britain, 405 ; squadrons for suppressing — Great Britain, 436; further engagements respecting the same and providing for the establishment of mixed courts — Great Britain, 454 et seq.; abolition of the mixed conrts, 472; instructions for vessels bf both parties— Great Britain, 474; suppression of and remonstrances concerning — Great Britain, 436. Sound dues: the United States to be on the footing of the most favored nation— Denmark, 232; the dues extinguished — Denmark, 238. Spartel, Cape. (See Morocco.) Spain: protocol of conference and declarations concerning judicial procedure, 1030 etseq. agreement for terminating the claims commission formed under the agreement of February '12, 1871, 1032 et seq. protocol extending the time for the termination of the claims commission under the agreement of February 12, 1871, 1034 et seq. agreement respecting the reciprocal abolition of certain discriminating duties in the ports of the United States and of Cuba and Porto Eica, 1203, 1204. Spirituous liquors: duty on, imported in vessels of the United States — Zanzibar, 1209. Steam lines. (See Beciprocal privileges.) Steam-vessels : (See Iteciprocal privileges. Ships of war.) of the United States carrying mails to have access to the Sandwich Islands without payment of dues — Hawaiian Islands, 541. privileges accorded to citizens of the United States establishing lines of— Peru, 1193; Tonga, 1206. Saint Clair Flats Canal. (See Navigation.) Saint Clair River. (See Navigation.) Saint Croix River: commission for determining which river is intended by the treaty of 1783 — Great Britain, 382,396,402. Saint John's River, New Brunswick. (See Navigation.) Great Britain will urge the abolition of the export duty on lumber; if not abol- ished, the right of transit may be suspended — Great Britain, 4S0. Saint Lawrence River. {See Navigation.) Submarine cables: additional article to the convention for the protection of, providing for the adhe- sion of certain of the colonies of Great Britain, 1182. adhesion of new States to the convention for the protection of, 1181. agreement by the parties to the convention for the protection of, to communicate to each other the laws they may enact relative to the subject of the conventicm, 1180, 1185. application of the convention for the protection of, 117H. breaking or injuring a submarine cable willfully or through culpable negligence a punishable offense, and a ground for a civil action for damages, 1178, 1179, 1184. convention for the protection of, 1176. date of taking effect of the convention for the protection of, 1185. ANALYTICAL INDEX. 1431 Submarine cables— Continued, duration of oonYentiou for the protection of, and ita denunciation, 1183. evidence in cases of the infraction of the convention for the protection of, 1180. indemniiication due to owners of vessels which lose anchors, nets, etc., to- avoid injujing, 1179. legislation to carry out the provisions of the convention for the protection of, to be enacted by the parties to the convention, 1180. liberty of action of belligerents not to be interfered with by the stipulations of the convention for the protection of, 1181, " ' parties to the convention for the protection of, 1176, 1182. protocol providing for the submission to the parties to theS conviention of a d»aft of a declaration interpreting articles 2 and 4 of the convention for the protection of, 1183. right of the parties to the convention for the protection of, to insist on suitable conditions of safety in laying the cables, 1179. rules governing the laying of, 1179. the owner of a cable who, in laying or repairing his cable, breaks another cable is liable for the cost of repairs, 1179j 1184. trial in cases of prosecution for infractions of the convention for the protection ef, to be speedy, 1180. violators of the convention for the protection of, to be prosecuted by the State or in its name, 1180. what courts have jurisdiction over infractions of the convention for the protection of, 1180. .Succession : (See Droit d'auiaine, Droit de detraction, Personal property, Eedl estate.) the dues are to be the same as those paid by natives — Denmark, 233 ; German Em- pire, 366. Suits at law. (See Consuls, Beciprocal privileges of citizens.) Sweden: (See notes, title ^iroiyaierf, suspended, or oisolete treaties, Sweden and Xor- way.) treaty of amity and commerce and separate articles, 1042. Sweden and Norway: treaty of amity and commerce, 1053. several articles of the treaty of 1783. with Sweden, and the separate articles revived by the treaty of 1827, Sweden and Norway — 1058. commerce with Finland excepted from the operation of the treaty of 1827— Sweden' and Norway,, 1058. Swiss Confederation : convention of friendship, commerce, and extradition, 1072, et seq. Tariff of duties: established by treaty — Japan, 613. Taxes. {See lieciprocal privileges of citizens.) Tea: , duties on — Japan, -613. ..., j, . , Termination op treaties. (See Duration of treaties ; notes, title Abrogated, sus- pended or obsolete treaties.) Texas : claims convention (obsolete), 1078. boundary convention (obsolete), 1079. Timber : duties on — Japan, 613. Ton: • definition of, in treaty of 1822, with France, •343. *roNGA Island : lease of a permanent coaling and repair .station at— Tonga, 1206. Tonnage dues. (See Reciprocal commercial agreements.) ill Belgium shall cease when arrangement for capitalization of Scheldt dues is made — Belgium, 60. rates iixed— China, 164, 184, 185 ; Corea, 218. when to be paid— China, 165. amount limited by treaty with France, 344. Trade. {&ee Enemy.) ., ^ . rights of Japanese merchants to trade with foreigners— Japan, 616. provisions for protection of — Japan, 615. certain restrictions on, removed— Japan, 615. right of Japanese Daimios to trade with foreigners— Japan, 616. 1432 ANALYTICAL INDEX. Tkadb-marks. (See Industrial p^-operty,) agreements for the protection of —Austria, 39 ; Belgium (obsolete, 73), 79, 88, 89; Brazil, 116 ; France, 355 ; Germany, 368 ; Great Britain, 501 ; Italy, 595 ; Russia, 942, 943 ; Serbia, 9?7 J Spain, 1036. Transit. (See Bedprocal commercial agreements, Interoceanic communication) auty not to be collected in Japan, 614. Transports : , . n merchant vessels are not to be impressed as, in the respective countries — Ottoman Empire, 800. x Travel, bight to. (See SeciprocOil privileges of citizens'). U. Uruguay, {^eo Navigation.) V. Venezuela. (See notes, title ^Scopofed, suspended, or ohsolete treaties.) Vessels. (See Asylum ; Captures; Consuls; Contraband of war ; Dardanelles; Neu- tral vessels; Meciproeal commercial agreements; Reprisals; Ships of war ; Steam-ves- sels; War.) how the nationality of the vessel is to be established — Argentine Confederation, 19; Belgium, 78; Bolivia, 92; Dominican Republic, 247; Colombia (New Granada), 206; Ecuador, 256; Hanseatic Republics, 534; Italy, 585; Mecklenbnrg-Schwe- rin,655; Morocco, 730 ; Netherlands, 762 ; Oldenburg, 792 ; Ottoman Porte, 804 ; Paraguay, 832 ; Peru, 119£!. in case one power is at war, the vessels or citizens of the other must be furnished with sea-letters or passports, and if the vessel be laden, it must also be furnished with certificates as to the character of the cargo, and if not so furnished it may be taken before a prize court — Bolivia, 97 ; Colombia (New Granada), 201 ; Do- minican Republic, 249 ; Ecuador, 261; Hayti, .^56; Peru, 1198 ; 'Prussia, 912 ; Sal- vador, 964; Spain, 1012; Sweden {%ee Sweden and Norway), 1045; Tunis, 1091. these passports should be renewed every year, if the vessel returns home in the year — Dominican Republic, 249; Hayti, 556; Spain, 1012. they should be renewed every time the vessel returns home in the course of a year — Sweden, 1045. the death or removal of the master does not affect them — Dominican Republic, 250. vessels of each making into a port belonging to an enemy of the other must exhibit passport and certificate — Hayti, 556; Spain, 1010. regulations for 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 — Bolivia, 96; Colombia (New Granada)j 201 ; Dominican Re- public, 250; Ecuador, 261; Hayti, .557; Italy, 585; Morocco, 730; Prussia, 912; Peru, 1197; Salvador, 963; Spain, 1012; Tripoli, 1085; Tunis, 1091, 1096. vessels sailing under a convoy are not subject to visits — Bolivia, 97; Colombia (New Granada), 201 ; Dominican Republic, 250 ; Ecuador, 261 ;• Hayti, 557 ; Italy, 586; Morocco, 730; Peru, 1198; Salvador, 964 ; Tunis, 1091. 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, 454, 466. the vessels of each power are to be protected and defended when within the juris- diction of the other — Spain, IOOh. duties of vessels of the United States on arriving in Chinese ports as to pilots — China, 164. * as to customs officers — China, 164. on arriving in Japanese ports — Japan, 607, et seq. all disputes between officers of passenger steam-ships arid the passengers shall be brought before, and decided in, the circuit or district courts in the United States, to the exclusion of all other courts — Italy, 57<). merchant vessels of the United States are not liable to penalties for contraband goods found on board and laden in port — Morocco, 732. vessels 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, 5a3. and may receive supplies — Morocco, 731 ; Tripoli, 1086. rights of Japanese to curchase vessels — Japan, 615. Visit. (See Vessels.) Vol QUALiFiifi crime. (See Extradition.) ANALYTICAL INDEX. 1433 W. Wages op seamen. (See Consuls.) War : (See Blookade, Captures, Contraband of war, Confiscation, Letters of marque, Nm- tralUy, Neutrals, Neutral vessels, Firacy, Privateers, Prices, 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, 100; Colombia (New Granada), 205 ; Ecuador, 264 ; Morocco, 733 ; Portugal, 896 ; Peru, 1202; Salvador, 971; Tanis, 1095; Tripoli, 1087. private property not contraband of war is to be exempt from capture at sea— Italy, 584 ; Salvador, 963. on the breaking out of war the consuls and citizens of the United States may with- draw unmolested— Tripoli, 1087. war shall be carried on only under the orders of duly commissioned persons — Co- lombia (New Granada), 202; Salvador, 965. rules applicable to the prosecution of a common war — Prussia, 914 ; Sweden (see Sweden and Norway), 1047. agreement for the humane treatment of prisoners of war — Prussia, 914. prisoners of war are to be exchanged — Morocco, 732 ; and are iiot to be made slaves— Tripoli, 1087. navigation of the Parana and Uruguay in time of war — Argentine Confederation, 17. personal property, debts, etc., not to be confiscated in time of war — Bolivia, 98 Salvador, 965 ; Peru, 1199. convention for the amelioration of the condition of the wounded in, 1150. accession of new States to the convention, 1153. additional articles to the convention, 1153. ambulances and military hospitals, and persons employed in them declared neutral, 1152. care and return of wounded soldiers and sailors, 1152, 1155, 1156. definition of " ambulance," 1155. details of execution of the convention regulated by commanders-in-chief of bellig- erent armies, 1152. evacuations and persons directing them are under absolute neutrality, 1152. . inhabitants of the country aiding wounded to be treated as neutrals, and account to be taken of their action in apportioning the quartering of troops and the levy- ing of contributions, 1152, 1155. parties to the convention, 1150. privileges a'nd duties of persons employed in ambulances and military hospitals, 1152, 1154, 1155. provisions relating to equipment of military hospitals and ambulances, 1152. provisions relating to flag and badge, 1152, 1156. light to temporarily suspend convention andtosuspend during the war given under certain circumstances, 1156. articles concerning naval forces, 1155. boats picking up wounded and shipwrecked during or after an engagement consid- ered neutral, 1155. . hospital-ships equipped by aid societies and their staff declared neutral ; their duties and their privileges, 1156. merchant ships of any nation removing sick and wounded declared neutral, and their cargoes protected, unless of a nature to be confiscated by belligerents, 1155. religious, medical, and hospital staff of a captured vessel declared neutral and their privileges and duties defined, 1155. right of belligerents to interdict neutralized ships from communication and from any course deemed prejudicial to their interests, 11.56. stores of a military hospital-ship remain under martial law, 1155. wounded and wrecked picked up by hospital-ships not to serve during war, 1156. Warehouse dubs. (See Beciprocal commercial agreements.) Warehousing op imported goods: provisions relative to Japan, 614. Washington, treaty of : rules respecting neutrals. (See Neutrals.) Weights and measures: convention for the establishment of an international bureau of, 1157. composition of international committee, 1163. denunciation of the convention, 1160. duties of international committee, 1159, 1161, 1162, 1163, 1164,' 1165, 1167. duties of international bureau 1159. expenses of international bureau defrayed by contributions from contracting States; the amount of contribution and payment of same, 1160, 1162, 1164, 1165, 1167. 3769 TK 91 1434 ANALYTICAL INDEX. Weights and measures — Continued. international bureau to be under direction of the international committee, 1159. international committee to be under direction of general conference, 1159, 1163. location of international bureau at Paris, 1159. modification of the convention, 1160. officers of international bureau, their choice, duties, etc., 1160, 1165. officers, meetings, voting, etc., of the international committee, 1163, 1164. parties to the convention, 1157. prototypes of international weights and measures, 1160, 1166, 1167. Whale-ships of the United States: privileges of — Hawaiian Islands, 542; Tonga, 1206. Wrecks: (See Consuls, Seciprocal 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 — Bel- gium, 78; Bolivia, 93; Colombia (New Granada), 198 ; Dominican Republic, 247 ; Ecuador, 258; Germany, 368; Hayfci, 555 ; »Mecklenburg-Schwerin, 654; Nether- lands, 762 ; Oldenburg, 792 ; Salvador, 960 ; Spain, 1009. in such case all possible aid shall be rendered — Greece, 506; Liberia, 632; Tunis, 1092, Peru, 1194. in such case assistance shall be rendered — Ottoman Porte, 800. Y. Yukon River. (See Navigation.) ■f1^^^/#