Cibrar jp of t:he trheolojical ^mxmvy PRINCETON . NEW JERSEY PRESENTED BY The Library of the Board of Foreign Missions of the Presbyterian Church in the U.S.A. Crx Z C- (o . 1 c ■J k w. ^ ' ■J .t ( 1 Digitized by the Internet Archive in 2017 with funding from Princeton Theological Seminary Library https://archive.org/details/treatiesconventi01unit 61st Congress \ Sd Session j FOREIGN MISSIONS LIBRARY, Ififi F’lflh Avenue, N«w York, SENATE f Document \^^P:'|;gno;357 TREATIES, CONVENTIONS, INTERNATIONAL ACTS, PROTOCOLS AND AGREEMENTS BETWEEN THE UNITED STATES OF AMERICA AND OTHER POWERS 1776-1909 COMPILED BY WILUAM M. MALLOY UNDER RESOLUTION OF THE SENATE OF JANUARY 18, 1909 (RES. No. 252, SIXTIETH CONGRESS, SECOND SESSION) )/ 1) ‘S . TVeaTic j . IN TWO VOLUMES VOLUME I WASHINGTON GOVERNMENT PRINTING OFFICE 1910 PREFACE. This compilation was prepared under the direction of the Committee on Foreign Relations, United States Senate, pursuant to the resolu- tion of the Senate of Januaiy 18, 1909 (S. Res. 252, 60th Cong., 2d sess.), and contains treaties, conventions, international acts, important protocols and agreements by exchange of notes, whether in force or not, to which the United States has been a party from 1776 to and including the year 1909, together with other material pertaining to treaties, such as awards, a reference to every decision of the federal courts affecting treaties, a chronological list of treaties by countries, etc. Treaties and conventions that have become partially or com- pletely abrogated, or suspended, are so indicated by a footnote at the beginning of such treaties and conventions. Those treaties or con- ventions, however, that from their nature have manifestly served the purpose for which they were concluded, such as those relating to claims, cession of territory, or which have expired by their own limi- tation, are not so indicated. The conventions negotiated at the Second Conference of Peace held at The Hague during the year 1907, although not proclaimed until February 28, 1910, are included in the compilation, as the Senate had duly ratified them and the proclamations thereof by the President were waiting only the receipt from the Netherlands Government of the usual process of ratifications showing the states which deposited ratifications. The United States was not a signatory party to the conventions con- cluded at the Central American Peace Conference, held at Washing- ton in 1907, but as the conference met on the initiative of the Presi- dents of the United States of America and the United States of Mexico, and the treaties were concluded under the auspices of those two States, represented respectively in said conference by Mr. Wil- liam I. Buchanan and Ambassador Don Enrique Creel, who were invited to be present at all the deliberations of the conference, the treaties referred to are included at the end of Volume 11 of this compilation. The Department of State cooperated with the compiler in the prepa- ration of this compilation, and the texts of all international arrange- ments to which the United States is a party, as well as all material data in reference to changes in, abrogations of, or adherences to the various instruments furnished by the Department of State, are included herein. William M. Malloy. Committee on Foreign Relations, TTnitfid States Senate. lOIST III i\ A ir*ii ;>iU yvr-ii'''tnr«'^.; rt;.T ■---■ : ,.;yi f-vfiu-J lr^^i^ '^r-PKr i555:-v5^'!l wviv, ^ti - ■ ' - <1 ■/‘' ': ' - im. fy . "'■" k.'j. n.i ■ ’' ' ■4' ' >. ; -, . »4 i-i .-k '.»,.• s'"' I ' .-Tl.^. 4 . ^ais^ I > ■ .70- , ,■ - :v ■/ r; ■■ ; 1': \. V:\13i :'l‘,,i.v' ■ '■■•..< ■ ‘ -r, . '■ !^. ,^. V - .' ^'S,VJ X '‘•Jt'Sr’ i'.‘ <}y»; ■ ,-.■ c-a.* • •. 1 7 ■ l'*^.' ■ ^.- •. .■■■■■.»-■ ■ "'* - »■•■.;-. * ''•ijrtT'^v. .‘‘• ,.j. . u ':.' • ^;- V ^ '-.••;y' - > r’' •' • •■-;^ t. * » . ‘ • ' ‘ * O V' - v. _- ,. .r-7' ■ ■ .' ■' -•-^-^/y.Mt.'Cg;:' ^7- ■'^ : •!i-.:j iii '*' ' ■•><« . \ . ■ : ' ’.ti ‘:i> ^ ' >y ^ i.^- Sit :»?;■• I' . .1 - 77irr Tii ^ *r* ■ • ■ j; '■kv f V • .j(V.-'. Oi >i^r A'.- ^ •u •^- A. UK LIST OF PRESIDENTS. Presidents. Administration. George Washington John Adams Thomas Jefferson James Madison James Monroe John Quincy Adams Andrew Jackson Martin Van Buren William Henry Harrison John Tyler James K. Polk Zachary Taylor Millard Fillmore Franklin Pierce James Buchanan Abraham Lincoln Andrew Johnson Ulysses S. Grant Rutherford B. Hayes James A. Garfield Chester A. Arthur Grover Cleveland Benjamin Harrison Grover Cleveland William McKinley Theodore Roosevelt William H. Taft Began. March 4, 1789 March 4, 1797 March 4, 1801 March 4, 1809 March 4, 1817 March 4, 1825 March 4, 1829 March 4, 1837 March 4, 1841 April 4, 1841 March 4, 1845 March 4, 1849 July 9, 1850 March 4, 1853 March 4, 1857 March 4, 1861 April 15, 1865 March 4, 1869 March 4, 1877 .... March 4, 1881 September 19, 1881... March 4, 1885 March 4, 1889 March 4, 1893 March 4, 1897 September 14, 1901 . . . March 4, 1909 Ended. March 4, 1797. March 4, 1801. March 4, 1809. March 4, 1817. March 4, 1825. March 4, 1829. March 4, 1837. March 4, 1841. April 4, 1841. March 4, 1845. March 4, 1849. July 9, 1850. March 4, 1853. March 4, 1857. March 4, 1861. April 15, 1865. March 4, 1869. March 4, 1877. March 4, 1881. September 19, 1881. March 4, 1885. March 4, 1889. March 4, 1893. March 4, 1897. September 14, 1901. March 4, 1909. V SECRETARIES OF STATE. In the “ Notes upon the foreign treaties of the United States,” pre- pared by Hon, J. C. Bancroft Davis, and republished in the volume of Treaties and Conventions concluded between the United States and other Powers, Senate Executive Document No. 47, Forty-eighth Congress, second session, is given, in concise form, the history of the conduct of the foreign affairs of the United States up to the time of the establishment of the Department of State. From these notes the following statement has been gathered; On the 29th of November, 1775, Congress appointed a “ Committee of Secret Correspondence,” whose duty it would be to correspond with the friends of the colonies in other parts of the world. From the date of the appointment of this committee until the autumn of 1781, the management of the foreign affairs of the country was in the hands of committees of Congress. Robert R. Livingston, of New York, was then appointed “their Secretary of Foreign Affairs,” 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 succeeded to Boudinot as ad interim Secretary. John Jay was elected Secretary May 24, 1784, but did not qualify until December 21, 1784, and he remained the Secretary of Foreign Affairs until the adoption of the Federal Constitution. On September 15, 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 Affairs shall hereafter be de- nominated the Department of State, and the principal officer therein shall be called the Secretary of State.” Jefferson was appointed Sec- retary of State September 26, 1789, but did not enter upon the duties of his office until March 21, 1790. Jay, notwithstanding he had been selected to be Chief Justice, continued to fill the office of Secretary until Jefferson entered upon its duties, although never commissioned as such under the new government. “ VI o “Compilation of treaties in force 1899.” 8ECKETAEIES OF STATE VII The following list contains the names of the different Secretaries, the Presidents by whom appointed, and the dates of their respective commissions: Secretaries of State. Presidents. Commissioned. Thomas Jefferson, of Virginia . . Edmund Randolph, of Virginia George Washington do September 26, 1789. January 2, 1794. Timothy Pickering, of Pennsylvania (Secretary of War). John Marshall, of Virginia Levi Lincoln, of Massachusetts (Attorney-Gen- eral), ad interim. James Madison, of Virginia Robert Smith, of Maryland James Monroe, of Virginia Richard Rush, of Pennsylvania (Attorney-Gen- eral), ad interim. John Quincy Adams, of Massachusetts Henry Clay, of Kentucky James A. Hamilton, of New York, ad interim Martin Van Buren, of New York Edward Livingston, of Louisiana Louis McLane, of Delaware [ do [John Adams do do Thomas Jefferson ... James Madison do James Monroe do John Quincy Adams do Andrew Jackson do do John Forsyth, of Georgia J. L. Martin, of North Carolina, chief clerk), ad interim. I do Martin Van Buren do Daniel Webster, of Massachusetts Hugh S. Legar6, of South Carolina (Attorney- General)i ad interim. [William H. Harrison [John Tyler do jDecember 10, 1795. May 13, 1800. March 5, 1801. Marchs, 1801. March 6, 1809. April 2, 1811. March 10, 1817. March 6, 1817. March 7, 1825. March 4, 1829. March 6, 1829. May 24, 1831. May 29, 1833. I June 27, 1834. March 3, 1841. jMarch 5, 1841. May 9, 1843. W'illiam S. Derrick, of Pennsylvania (chief clerk), ad interim. do June 21, 1843. Abel P. Upshur, of Virginia (Secretary of the Navy). John Nelson, of Maryland (Attorney-General), ad interim. John C. Calhoun, of South Carolina James Buchanan, of Pennsylvania John M. Clayton, of Delaware Daniel Webster, of Massachusetts Charles M. Conrad, of Louisiana (Secretary of War), ad interim. Edward Everett, of Massachusetts William Hunter, of Rhode Island (chief clerk), ad interim, William L. Marcy, of New York Lewis Cass, of Michigan William Hunter, of Rhode Island (chief clerk), ad interim. do do do James K.Polk... fZachary Taylor.. {Millard Fillmore do do do do Franklin Pierce . James Buchanan do June 24, 1843. February 29, 1844. March 6, 1844. March 6, 1845. jMarch 7, 1849. July 22, 1850. September 2, 1852. November 6, 1852. March 3, 1853. March 7, 1853. March 6, 1857. December 13, 1860. Jeremiah S. Black, of Pennsylvania William H. Seward, of New York Elihu B. Washbume, of Illinois Hamilton Fish, of New York William M. Evarts, of New York James G. Blaine, of Maine Frederick T. Frelinghuysen, of New Jersey do [Abraham Lincoln . . . [Andrew Johnson Ulysses S. Grant do Rutherford B. Hayes [James A. Garfield . . . [Chester A. Arthur . . . do December 17, 1860. jMarch 5, 1861. March 6, 1869. March 11, 1869. March 12, 1877. jMarch 6, 1881. December 12, 1881. VIII SECRETARIES OE STATE, Secretaries of State. Presidents. Commissioned. March 6, 1885. March 5, 1889. June 4, 1892. Williata F. Wharton, of Massachusetts (Assistant do Secretary), ad interim. John W. Foster, of Indiana do June 29, 1892. William P. Wharton, of Massachusetts (Assistant do February 24, 1893. Secretary) , ad interim. Walter Q. Gresham, of Illinois Grover Cleveland March 6, 1893. May 28, 1895. Edwin F. Uhl, of Michigan (As.sistant Secretary), do ad interim. Richard Olney, of Massachusetts do June 8, 1895. March 6, 1897, April 26, 1898. September 17, 1898. William McKinley William R. Day, of Ohio do Alvey A. Adee, of the District of Columbia (Sec- do ond Assistant Secretary), ad interim. I do iTheodore Roosevelt John Hay, of the District of Columbia jseptember 20, 1898. do July 7, 1905. January 27, 1909. March 5, 1909. do Philander C. Knox, of Pennsylvania William H. Taft CHRONOLOGICAL LIST OF TREATIES, CONVENTIONS, AGREEMENTS BY COUNTRIES, AND OF INTERNA- TIONAL ACTS, 1778-1909. Country. Subject. Signed. Proclaimed. Page Algiers Algiers Algiers Argentine Re- public. Argentine Re- public. Argentine Re- public. Austria-Hungary Austria-Hungary Austria-Hungary Austria-Hungary Austria-Hungary Austria-Hungary Austria-Hungary Austria-Hungary Austria-Hungary Baden j Baden j Bavaria -. Bavaria Bavaria Bavaria Belgium j Belgium j Belgium Belgium Belgium Belgium Belgium Belgium Belgium Belgium Belgium Belgium Belgium Belgium Belgium Bolivia Bolivia Borneo Brazil Peace and Amity Peace and Amity Peace and Amity Navigation of Rivers Parana and Uruguay. Friendship, Commerce, and Navi- gation. Extradition September 5, 1795. . . June 30, 1815 December 22, 1816 . . July 10, 18.53 July 27, 1853 September 26, 1896. . March 2, 1796 December 26, 1815 . . February 11, 1822 . . . April 9, 1855 April 9,1855 June 5,1900 Commerce and Navigation Property and Consular J urisdiction Extradition Agreement Concerning Tobacco. . Consular Naturalization Trade-marks Copyright Proclamation .Arbitration Extradition Naturalization Abolishing Droit de Baine and Taxes on Emigration. Extradition Naturalization Protocol Relating to Naturaliza- tion. Commerce and Navigation Commerce and Navigation import Duties and Capitalization of Scheldt Dues. Extinguishment of Scheldt Dues. Naturalization Rights, Privileges, and Immuni- ties of Consuls. Trade-marks Extradition Commerce and Navigation Consular Extradition Trade-marks Copyright Proclamation Extradition Trade-marks in China Friendship, Commerce, and Navi- gation. Extradition Amity, Commerce, and Naviga- tion. Amity, Commerce, and Naviga- tion. August 27, 1829 May 8, 1848 July 3, 1856 December 20, 1863 . . July 11, 1870 September 20, 1870. . November 25, 1871 . . January 15, 1909 January 30, 18.57 July 19, 1868 January 21, 1845 September 12, 1853.. May 26, 1868 May 26, 1868 November 10, 1845.. June 17, 1858 May 20, 1863 July20, 1863 November 16, 1868 . . Decembers, 1868 December 20, 1868 . . March 19, 1874 March 8,1875 March 9, 1880 June 13,1882 April 7, 1884 October 26,1901 November 27, 1905 . . May 13, 1858 April 21, 1900 June 23, 1850 December 12, 1828 .. February 1 0, 1831 . . . February 25, 1850 . . . December 15, 1856 . . June 29, 1871 August 1, 1871 June 1, 1872 September 20, 1907. . May 18, 1909 May 19, 1857 January 10, 1870 August 16, 1846 November 18, 1854.. October 8, 1868 March 31, 1846 April 19, 1859 November 18, 1864.. November 18, 1864 .. July 30, 1869 March 7, 1870 July 30, 1869 May 1,1874 June 29, 1875 March 1, 1881 November 20, 1882 . . July 9, 1884 July 1,1891 June 14, 1902 January 8, 1863 December 30, 1901 . . July 12, 1854 March 18, 1829 1 6 11 18 20 25 29 33 36 38 39 45 47 49 49 51 53 56 58 60 62 64 69 73 75 80 81 86 87 90 94 100 104 105 106 111 113 125 130 133 IX X TREATIES, CONVENTIONS, ETC Chronological lid of treaties, etc. — Continued. Country. Subject. Signed. Proclaimed. Page January 27, 1849 .... 144 Trade-marks September 24, 1878. . June 17, 1879 146 Extradition May 14, 1897 April 30, 1903 146 September 6, 1902. . . 152 Extradition September 6, 1853. . . August 21, 1854 July 30, 1855 156 Luneburg. September 15, 1906. . 158 Central America. Peace, Amity, Commerce, and December 5, 182.5 . . . October 28, 1826 160 Navigation. May 16,1832 April 29, 1834 171 Navigation’ September 1, 1833. . . April 29, 1884 181 merce, and Navigation’ Chile Macedonian Claims November 10, 1858.. December 22, 1859 .. 183 Chile August 7, 1892. January 28, 1893 185 May 25, 1896 189 Chile May 24, 1897 190 Chile Mav 24, 1897 March 12, 1900 190 April 17, 1900 May 27, 1902 192 April 18, 1846 196 January 26, 1860 211 222 China November 8, 1858... 232 July 28, 1868 234 China November 17, 1880.. October 5, 1881 237 China November 17, 1880. . 239 dicial Procedure. China Immigration March 17, 1894 December 8, 1894 . . . 241 China 1899 244 Notes. 260 Boxer Troubles. China January 13, 1904 261 290 Whang Pu. China April 6, 1909 290 Colombia May 31, 1825 292 tion. December 12, 1846 . . June 12, 1848 302 Commerce. Colombia May 4, 1850 314 Colombia 319 Colombia 321 Colombia Extradition Mav 7, 1888 February 6, 1891 323 Congo (Kongo).. Declaration April 22, 1884 327 Congo ( Kongo) . . Recognition of Flag April 22, 1884 327 Congo (Kongo).. April 2, 1892 328 Corea ( Korea) . . . Mav 22. 1882 334 Navigation’ Costa Rica May 26, 1852 341 igation.' Costa Rica Claims July 2, 1860 November 11, 1861.. 346 Costa Rica Copyright Proclamation 350 Costa Rica Interoceanic Canal 351 Costa Rica July 21, 1909 351 Cuba 353 Cuba Supplementary Commercial Reel- January 26, 1903 December 17, 1903 . . 357 procity. TREATIES, CONVENTIONS, ETC. Chronological list of treaties, etc. — Continued. XI Country. Subject. Signed. Proclaimed. Page February 16, 1903 . . . 358 Coaling Station. July 2, 1903 360 May 22, 1903 July 2, 1904 362 November 17, 1903.. 365 Supplementary Relations with . . . January 20, 1904 July 2, 1904 365 Extradition April 6, 1904 February 8, 1905 366 Amendatory Extradition December 6, 1904 . . . February 8, 1905 371 April 26, 1826 October 14, 1826 373 gation. ' March 28, 1830 June 5, 1830 377 Discontinuing Sound Dues April 11, 1857 January 13, 1858 380 July 11, 1861 September 20, 1861 . . 383 July 20, 1872 April 15, 1873 384 February 26, 1886 . . . 386 Claims December 6, 1888 . . . May 24, 1899 387 October 12, 1892 .... 389 May 8, 1893 390 April 17, 1902^ 390 Extradition Supplementary November 6, 1905... February 19, 1906 . . . 395 June 22, 1906 396 March 19, 1907 399 May 18, 1908 May 29, 1909 401 Dominican Re- Amity, Commerce, Navigation, February 8, 1867 October 24, 1867 403 public. and Extradition. 414 public. Dominican Re- Collection and Application of the February 8, 1907 July 25, 1907 418 public. Customs Revenues. Peace, Friendship, Navigation, June 13, 1839 September 23, 1842. . 421 and Commerce. * Ecuador Claims November 25, 1862.. September 8, 1864. . . 432 Ecuador May 6, 1872 434 Ecuador June 28, 1872 December 24, 1873 .. 436 Ecuador Claims February 28, 1893... 438 Egypt Commercial Agreement and Cus- November 16, 1884.. May 7, 1885 442 toms Regulations. Ethiopia Commercial Relations December 27 1903 . . September 30, 1904. . 466 France Amity and Commerce February 6, 1778.... 468 France Alliance February 6, 1778 479 France Act Separate and Secret February 6, 1778 482 France Contract for Payment of Loans. . . July 16, 1782 483 France Contract for New Loan February 25, 1783 ... 487 France Consular November 14, 1788 .. 490 France Peace, Commerce, and Navigation. September 30, 1800.. December 21, 1801 . . 496 France Preliminary and Secret Treaty 506 Concerning Louisiana. France April 30, 1803 October 21, 180.3 .^08 France Payment for Louisiana April 30, 1803 511 France Claims April 30, 1803 .518 France Navigation and Commerce June 24, 1822 521 France Separate Article 523 France Claims and Duties on Wines and July 4, 1831 Julv 13, 1832.. - 623 Cotton. France Extradition April 13 1844 526 France Extradition, Additional Article. . . July 24, 1845 ... . 528 France Consular 598 France Extradition, Additional Article. . . February 10 1858... February 14, 1859... 633 XII TEEATIES, CONVENTIONS, ETC. Chronological list of treaties, etc. — Continued. Country. France France France France France France France France France France France German Empire. German Empire. German Empire. German Empire. German Empire. German Empire. German Empire. German Empire. German Empire . German Empire . German Empire . Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Subject. Signed. Proclaimed. Page Trade-marks Claims Claims Claims Copyright Commercial Agreement Commercial Agreement, Amen- datory. Relations in Tunis Trade-marks in China Commercial Agreement Arbitration Consular General Act Concerning Samoa. . . Settlement of Samoan Claims Adjustment of Questions Con- cerning Samoa. Copyright Commercial Agreement Trade-marks in Morocco Trade-marks in China Commercial .Agreement Commercial Agreement Patents Provisional Peace Armistice, Cessation of Hostil- ities. Definitive Peace Amity, Commerce, and Naviga- tion. Explanatory to Article HI of Treaty November 19, 1794. Explanatory to Article V, Treaty November 19, 1794. Payment of Indemnities and Settlement of Debts. Peace and Amity Commerce and Navigation Naval Forces on Great Lakes Fisheries, Boundary, and Resto- ration of Slaves. Indemnity Under the Award of Emperor of Russia. Indemnity for Slaves Continuing in Force Article III of Treaty of 1818. Commercial Arbitration Northea.stern Bound- ary. Boundaries, Suppression of Slave Trade, and Extradition (Web- ster-Ashburton) . I Boundary West of Rocky Moun- tains. Ship Canal Connecting Atlantic and Pacific Oceans. Cession of Horseshoe Reef Claims April 16, 1869 January 15, 1880 July 19, 1882 February 18, 1883... May 28, 1898 August 20, 1902 March 15, 1904 October 3, 1905 January 28, 1908 February 10, 1908. . . December 11, 1871 . . . June 14, 1889 November 7, 1899 . . . December 2, 1899 January 15, 1892 July 10, 1900 September 28, 1901.. December 6, 1905 February 27, 1906... April 27, 1907 February 23, 1909... November 30, 1782.. January 20, 1783 September 3, 1783. . . November 19, 1794.. May 4, 1796 May 15, 1798 January 8, 1802 December 24, 1814.. July 3, 1815 April 28, 1817 October 20, 1818 July 12, 1822 November 13, 1826.. August 6, 1827 August 6, 1827 September 29, 1827.. August 9, 1842 June 15, 1846 April 19, 1850 December 9, 1850 . . . February 8, 1853 July 6, 1869 June 25, 1880 December 29, 1882 . . June 25, 1883 July 1, 1891 May 30, 1898 August 22, 1902 May 9, 1904 March 14, 1908 June 1, 1872 May 21, 1890 March 8, 1900 February 16, 1900 . . . July 13, 1900. May 2, 1907... August 1, 1909 April 11, 1783 . January 14, 1784 February 29, 1796... .May 9, 1796 a June 5, 1798“ April 27, 1802 February 18, 1815. . . December 22, 1815 . . April 28, 1818 January 30, 1819 January 11, 1823 Marih 19, 1827 May 15, 1828 May 15, 1828 May 15, 1828 November 10, 1842.. August 5, 1846 July 5 1850 July 5, 1850 .August 20, 1853 534 635 539 540 .541 542 543 .544 .545 547 549 .550 557 557 557 567 568 559 560 562 563 578 580 584 586 590 607 609 610 612 624 628 631 634 641 643 645 646 650 656 659 663 664 a Ratified by Senate. TEEATIES, CONVENTIONS, ETC, XIII Chronological list of treaties, etc. — Continued. Country. Subject. Great Britain Reciprocity, Fisheries, and Navi- gation. Great Britain Claims Great Britain — Suppression of African Slave Trade. Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain' Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Suppression of Slave Trade, Ad- ditional Articles. Claims Declaration Approving Maps Under Treaty of 1846. Naturalization Suppression of Slave Trade Naturalization Claims, Fisheries, Navigation, and Boundary (Treaty of Wash- ington). Meeting Places for Commission Under Treaty of 1871. Protocol Respecting Northwest Water Boundary. Protocol in Reference to Treaty of 1871. Protocol in Reference to Treaty of 1871. Trade marks Agreement Respecting Fisheries Under Treaty of 1871. Original Modus Vivendi Concern- ing Fisheries. General Act Concerning Samoan Islands. Extradition Claims Modus Vivendi Respecting Fur- Seal Fisheries. Agreement as to Articles for In- sertion in Bering Sea Arbitra- tion Argreement Copyright Proclamation Fur Seals in Behring Sea Renewal of Existing Modus Vi- vendi in Behring Sea. Deserters from Merchant Vessels . Deliminating Boundaries Extending Terms of Alaskan Boundary Commission. Claims Protocol in Reference to Joint High Commission. Tenure and Disposition of Prop- erty. Boundary About Head of Lynn Canal. Samoan Claims Great Britain Adjusting Questions Concerning Samoa. Great Britain Trade-marks in Marocco Great Britain Great Britain Great Britain Supplementary Extradition To Facilitate the Construction of a Ship Canal. (Hay-Paunce- fote Treaty.) Supplementary Tenure and Dis- position of Property. Signed. Proclaimed. June 5, 1854 September 11, 1854.. July 17, 1854 September 11, 1854.. April 7, 1862 February 17, 1863... April 22, 1863 Julv 1, 1863 March 5, 1864 May 13, 1870 September 16, 1870.. June 3, 1870 September 16, 1870.. February 23, 1871... May 6. 1871 Mays, 1871 July 4, 1871 January 18. 1873 April 15, 1873 March 10. 1873 June 7, 1873 May 28, 1874 October 24, 1877 July 17, 1878 June 22, 1886 February 15, 1888 . . . June 14, 1889 May 21, 1890 July 12, 1889 March 25, 1890 June 13, 1891 June 16, 1891 June 15, 1891 December 18, 1891 .. July 1, 1891 February 29, 1892 . . . May 9, 1892 April 18, 1892 May 9, 1892 June 3, 1892 July 22, 1892 February 3, 1894 March 28, 1894 February 8, 1896 June 11, 1896 1898 March 2, 1899 October 20, 1899 November 7, 1899 . . . March 8, 1900 December 2, 1899 . . . February 16, 1900... December 6, 1899 . . . December 13, 1900 . . April 22, 1901 November 18, 1901 . . February 22, 1902 . . . January 13, 1902 April 2, 1902 Page 668 673 674 687 688 658 691 693 698 700 722 723 726 727 737 729 738 739 740 743 743 744 746 746 760 762 763 765 766 770 774 777 780 780 778 780 782 776 XIV TREATIES, CONVENTIONS, ETC, Chronological list of treaties, etc. — Continued. Country. Subject. Signed. Proclaimed. Page Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Great Britain Greece Greece Import Duties in Zanzibar Alaskan Boundary Lirht and Harbor Dues in Zanzi- bar. Relinquishing Extra-territorial Rights in Zanzibar. Acceptance of Report of Commis- sioners Fixing Alaskan Bound- ary. Supplementary Extradition Trade-marks in China Alaskan Boundary Modus Vivendi in Regard to Fisheries. Patents in Morocco Modus Vivendi in Regard to Fisheries. Commercial Arbitration Canadian International Boundary Fisheries Conveyance of Prisoners, Wreck- age and Salvage. Modus Vivendi in Regard to Fisheries. Special Agreement Submitting to Arbitration North Atlantic Coast. Modus Vivendi in Regard to Fisheries. Commerce and Navigation Protocol Explanatory of Treat-"' May 31, 1902 January 24, 1903 June 5, 1903 February 25, 1905 . . . March 25, 1905 October 17,1902... March 3, 1903 December 24, 1903 June 12, 1905 April 12, 1905 June 28,1905 April 21, 1906 October 6,1906 February 4, 1907 September 4, 1907 . . . November 19, 1907 . . April 4, 1908 April 11, 1908 April 11, 1908 May 18, 1908 July 15, 1908 February 12,1907 ... August 21, 1906 December 5, 1907 . . . June 5, 1908 * July 1, 1908 July 1, 1908 July 10, 1908 January 27, 1909 September 8, 1909. December 22, 1837 . . January 30, 1890 August 30, 1838 784 787 785 795 796 798 800 803 805 808 811 812 814 815 827 830 832 835 844 848 854 of 1837. Greece Guatemala Guatemala Guatemala Guatemala Guatemala Guatemala Guatemala Haiti (see Hayti) . Hanover Hanover Hanover Hanover Hanover Hanseatic R e - publics. Hanseatic R e - publics. Hanseatic R e - publics. Hawaiian Is- lands. Hawaiian I.s- lands. Hawaiian Is- lands. Consular Peace, Friendship, Commerce, and Navigation. Claims Claims, Supplemental Trade-marks Tenure and Disposition of Prop- erty. Extradition Patents November 19, 1902.. March 3, 1849 February 23, 1900 May 10, 1900 April 15, 1901 August 27, 1901 February 27, 1903 . . November 10, 1906. July 11, 1903 July 28, 1852 April 11, 1902 September 18, 1902.. July 17, 1903 July 9, 1907 Commerce and Navigation Commerce and Navigation Extradition Abolishing Stade Dues Protocol Abolishing Stade Dues . . Friendship, Commerce, and Navi- gation. Additional Article May 20, 1840 June 10, 1846 January 18, 1855 November 6, 1861... November 6, 1861... December 20, 1827 .. January 2, 1841 April 24, 1847 . . May 5, 1855.... June 17,1862... June 2, 1828. June 4, 1828. July 29, 1829 Consular April 30, 1852 June 6, 1853. Friendship, Commerce, Naviga- tion, and Extradition. Reciprocity December 20, 1849 . . N ovember 9, 1850 . . . January 30, 1875 June 3, 1875 Protocol in Reference to Reci- procity. September 9, 1876. 855 861 871 873 875 876 878 883 885 890 896 898 900 901 905 906 908 915 918 TREATIES, CONVENTIONS, ETC, XV Chronological list of treaties, etc. — Continued. Country. Subject. Signed. Proclaimed. Page Hawaiian Is- Reciprocity December G, 1884 . . . November 9, 1887... 919 lands. November 3, 1864... July 6, 1865 921 and Extradition. May 28, 1884 932 934 May 24, 1888 935 October 18, 1899 936 938 March 22, 1902 March 24, 1904 939 March 24, 1904 941 June 28, 1905 941 Hayti January 7, 1909 November 16, 1 909 , . 945 March 26, 1844 . May 8,1845 947 August 31, 1869 949 May 30, 1865 952 gation. ‘ June 8, 1909 958 February 23, 1869 . . . 961 Italy Extradition March 23, 1868 September 30, 1868. . 966 May 11, 1869 969 May 11, 1869 966 February 26, 1871 . . . Novem ber 23, 1871 . . 969 Consular May 8, 1878 September 27, 1878. . 977 June 29, 1881 983 June 1, 1882 March 19, 1884 984 June 11, 1884 April 24, 1885 985 Italy Copyright October 31, 1892 986 February 8, 1900.... July 18, 1900 987 June 13, 1903 989 December 18, 1905 991 January 25, 1909 992 Italy Commercial, Supplementary April 24, 1909 994 Peace, Amity, and Commerce .... March 31, 1854 June 22, 1855 996 Japan Commercial and Consular June 17, 1857 June 30, 1858 998 Commerce and Navigation July 29, 1858 May 23, 1860 1000 Reduction of Import Duties April 9, 1866 1010 Japan Simonoseki Indemnities October 22, 1864 April 9, 1866 1011 Japan Tariff of Duties June 25, 1866 1012 Japan Commercial July 25, 1878 April 8, 1879 1021 Japan May 17, 1880 1024 penses. Japan April 29, 1886 , 1025 Japan March 21, 1895. . . 1028 Japan 1036 Japan January 13, 1897 March 9. 1897. 1037 signs. Japan May 17, 1906 1037 Japan Extradition, Supplemental May 17, 1907 1039 Japan May 5, 1908 1040 Japan Trfldp-mnTlrs in May 19, 1908 1041 Japan Trade-marks in China May 19, 1908 1043 Japan Exchange of Notes Declaring 1045 Policy” in the Far East. Lew Chew Friendship and Commerce July 11, 1854 1048 Liberia Commerce and Navigation October 21, 1862 1050 Luxemburg Extradition October 29, 1883 August 12, 1884 1053 24449— VOL 1—10 II xvt TREATIES, CONVENTIONS, ETC. Cronological list of treaties, etc. — Continued. Country. Subject. Signed. Proclaimed. Page December 23, 1904.. March 15, 1905 1057 February 14, 1867... 1058 May 13, 1881........ March 13, 1883 1061 Commerce and Navigation December 9, 1947 . . . August 2, 1848 1074 Schwerin. November 26, 1853.. January 6, 1854 1080 Schwerin. Mecklenburg- Extradition December 2, 1853... January 26. 1854 1081 Strelitz. Mexico Limits January 12,1828 April 5, 1832. j 1082 Mexico Limits April 6, 1831 April 5, 1832 1084 April 5,1831 April 5, 1832 1085 Mexico Protocol Concerning Treaty of September 7, 1831. .. 1097 1831. Protocc»l Concerning Treaty of December 17, 1831. . . 1098 1831. Additional Article to Treaty of April 3, 1835 April 21, 1836 1099 1828. Claims April 11, 1839 April 8, 1840... 1101 Claims January 30, 1843 March 30, 1843 1105 Peace, Friendship, Limits, and February 2, 1848 July 4, 1848 1107 Settlement (Guadalupe - Hi- dalgo). Boundary, Cession of Territory, December30,1853... June 30, 1854 1121 Transit of Isthmus (Gadsden Treaty). Extradition December 11, 1861 ... June 20,1862 1125 Claims July 4, 1868 February 1, 1869 1128 Regulating Citizenship of Emi- July 10, 1868 February 1 , 1869 1132 giants. Claims April 19, 1871 February 8, 1873 1133 Claims November 27, 1872.. July 24, 1873 1134 Claims January 31, 1873 .... 1135 Claims November 20, 1874.. January 28, 1875 1136 Claims April 29, 1876 June 29, 1876 1138 Claims December 14, 1876. . . 1140 Boundary July 29, 1882. March 5, 1883. ...... 1141 Pursuit of Indians July 29, 1882 1144 Pursuit of Indians September 21,1882.. 1145 June 2, 1884 1146 Protocols Concerning Commercial January 20, 1883 1152 Reciprocity. Pursuit of Indians June 28, 1883 il57 Mexico Pursuit of Indians October 31, 1884 1158 Mexico Boundary 1159 Mexico May 4, 1886 1161 Mexico Pursuit of Indians 1162 Mexico Boundary June 28, 1887 1163 Mexico May 14, 1886 1164 Mexico 1165 Mexico Boundary December 26, 1890 . . 1167 Mexico June 25, 1890 1170 Mexico Pursuit of Indians November 25, 1892,. 1171 Mexico Boundary Augfust 24, 1894 . October 18, 1894 1174 Mexico Boundary December 21, 1895 .. 1176 Mexico February 27, 1896... 1176 Mexico U77 Mexico Boundary November 6, 1896 . . . December 23, 1896 . . 1179 Mexico Claims March 2, 1897 1180 TREATIES, CONVENTIONS, ETC. XVII Chronological list of treaties, etc. — Continued. Country. Subject. Signed. Proclaimed. Page October 29, 1897 December 21, 1897 . . 1181 December 2, 1898 . . . February 3, 1899 1182 February 22, 1899... April 24, 1899 1184 December 22, 1899 May 7, 1900 1191 November 21, 1900 . . December 24, 1900 . . 1192 Supplementary Extradition June 25, 1902 April 3, 1903 1193 May 22, 1902 1194 March 20, 1905 June 5, 1907 1199 Grande. May 21, 1906 January 16, 1907 1202 Waters of the Rio Grande. March 24, 1908 June 29, 1908 1204 January — , 1787 July 18, 1787 1206 Peace and Friendship September 16, 1836.. January 30, 1837 1212 CapeSpartel Light-House May 31, 1865 March 12, 1867 1217 July 3, 1880 December 21, 1881 . . 1220 September 21, 1833. . June 24, 1837 1228 Abolishing Droit d’Baine Mav 27, 1846 January 26, 1847 1231 Peace and Commerce Octobers, 1782 January 22, 1783 1233 Netherlands Recaptured Vessels October 8, 1782 January 23, 1783 1244 Netherlands Commerce and Navigation January 19, 1839 .... May 24, 1839 1246 Commerce and Navigation . . August 26, 1852 February 26, 1853... 1248 May 26, 1855 1251 Netherlands Consular May 23 1878 August 1, 1879 1255 Netherlands Extradition May 22, 1880 July 30, 1880........ 1261 Netherlands Trade-marks February 10, 1883. . . 1265 Netherlands Extradition June 2, 1887 June 21,1889 1266 Netherlands 1271 Netherlands Extradition January 18, 1904 May 31, 1904 1271 Netherlands Trade-marks in China October 23, 1905 1273 Netherlands Commercial May 16, 1907 August 12, 1908. . 1275 Netherlands Arbitration May 2, 1908 March 25, 1909 1277 Nicaragua Friendship, Commerce, and Navi- June 21,1867 August 13, 1868.. 1279 gation. * Nicaragua Extradition June 25,1870 September 19,1871.. 1287 Nicaragua Interoceanic Canal 1290 Nicaragua Claims 1290 Nicaragua Extradition March 1, 1905 June 15,1907 1292 North German Naturalization February 22, 1868 . . . Mav 27, 1868 1298 Union. Norway Extradition 1300 Norway Extradition . . December 10, 1904. . . April 6, 1905 . 1304 Norway Copvritfht 1305 Norway Arbitration April 4, 1908 June 29, 1908 1306 Oldenburg Commerce and Navigation March 10, 1847 1308 Oldenburg Extradition December 30, 1853.. March 21,1853. . 1309 Orange Free Friendship, Commerce, and Ex- December 22, 1871.. August 23, 1873 1310 State. tradition. Orange Free Extradition April 21, 1899 . 1313 State. Ottoman Empire Commerce and Navigation May 7, 1830 1318 Ottoman Empire Commerce and Navigation February 25, 1862... July 2, 1862 1321 Ottoman Empire Extradition August 11, 1874 May 26, 1875 1341 Ottoman Empire Right to Hold Real Estate October 29, 1874 . 1344 Panama Ship Canal 1349 Panama Extradition May 12, 1905. 1357 Paraguay Claims February 4, 1859 March 12, 1860 1362 XVIII TREATIES, CONVENTIONS, ETC, Chronological list of treaties, etc. — Continued. Country. Subject. Signed. Proclaimed. Page Paraguay Friendship, Commerce, and Navi- February 4, 1859 March 12, 1860 1364 gation. March 13, 1909 1369 Friendship and Commerce December 13, 1856.. August 18, 1857 1371 Peru-Bolivia Peace, Friendship, Commerce, November 30, 1836. . October 3, 1836 1375 and Navigation. Peru Claims March 17, 1841 January 8, 1847 1386 Peru July 26, 1851 July 19, 1852 1388 gation. ' Peru July 22, 1856 November 2, 1857 . . . 1402 Peru July 4, 1857 October 14, 1858 1404 May 19, 1863 1406 Peru May 19, 1863 1408 July 6, 1869 1411 September 6, 1870 . . . July 27, 1870 1414 gation. September 12, 1870. . July 27,1874 1427 June 5, 1873 1430 1870. November 7, 1888 . . . 1431 gation. ‘ Peru May 17, 1898 1443 Peru 1444 Peru January 29, 1901 1445 Peru September 2, 1909... 1449 Peru June 30, 1909 1451 Portugal August 26 1840 April 24, 1841 1452 Portugal September 1, 1851... 1458 Portugal .lime 13 1891 1460 Portugal Copyright July 20, 1893 1462 Portugal Mav 22. 1899 June 12, 1900 1463 Portugal Commercial, Additional January 24, 1907 1466 Portugal Arbitration April 6, 1908 December 14, 1908. . . 1467 Portugal May 7, 1908 December 14, 1908. . . 1468 Portugal May 7 1908. December 14, 1908. . . 1469 1477 Prussia July 11,1799 November!, 1800... 1486 Prussia Commerce and Navigation May 1, 1828 March 14, 1829 1496 June 16 1852 June 1, 1853 1601 Roumania Consular June 17 1881- July 9. 1883 1505 Roumania March 18, 1906 1510 Russia April 17 1824 January 12, 1825 1512 Coast of America. Russia May 11, 1833 1514 Russia 1519 Russia Neutral Rights at Sea July 22, 1854 November 1, 1854. .. 1519 Russia Cession of Alaska June 20, 1867 1521 Russia Trade-marks October 15, 1868 1524 Russia Trade-marks March 28, 1874’ November 24, 1874 . . 1525 Russia Admeasurement of Vessels 1526 Russia Extradition March 28, 1887 June 6, 1893 1527 Russia Fur-Seal Fisheries May 4, 1894 May 12, 1894 1531 Russia Claims 1532 Russia Corporations June 15, 1909 1534 Russia Trade-marks in China 1535 Salvador April 18, 1853 1535 Salvador Extradition ^ May 23, 1870 March!, 1874 1648 TBEATIE8, CONVENTION’S, ETC. XIX Chronological list of treaties, ey the Sen- ate Fehmary 1, 1822; proclaimed February 11, 1822. Articles. I. Amity ; navigation and com- merce. II. Tribute. III. Restitution of prisoners. IV. Delivery of cotton. V. Enemy’s property. VI. Subjects or citizens on board enemy’s vessel. VII. Passports to vessels. VIII. Sufficiency of passports. IX. Provisions; cargo. X. Wrecks. XI. Vessels in port. XII. Most faA'ored nation. “ Algiers having become a province obsolete. XIII. Responsibility of consuls. XIV. Vessels of war. XV. Religious liberty ; consuls. XVI. Settlement of disputes. XVII. Prisoners of war. XVIII. Capture of vessels; prizes. XIX. Settlement of disputes. XX. Assault; trial; punishment. XXI. Free entry for consuls. XXII. Estates citizens of Lfnited States. Additional Article: Annulment of Ar- ticle XVIII. of France in 1830 the treaty became 12 TREATIES, CONVENTIONS, ETC. The President of the United States and the Dey of Algiers, being desirous to restore and maintain, upon a stable and permanent footing, the relations of peace and good understanding between the two pow- ers, and for this purpose to renew the treaty oi peace and amity Avhich VTis concluded betAveen the tAvo States by William Shaler and Com- modore Stephen Decatur, as Commissioners Plenipotentiary on the part of the United States, and His Highness Omar PashaAv, 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 Forces of the United States in the Mediteranean, Commis- sioners Plenipotentiary, to treat with His Highness the Dey of Algiers for the renewal of the treaty aforesaid ; and they have con- cluded, settled and signed the folloAving articles: Article I. There shall be, from the conclusion of this treaty, a firm, perpetual, inviolable and universal peace and friendship betAA^een the President and citizens of the United States of America, on the one part, and the Dey and subjects of the Regency of Algiers, in Barbary, on the other, made by the free consent of both parties, and on the terms of the most faA'ored nations; and if either party shall hereafter grant to any other nation any particular favor or priAulege in navigation or com- merce, it sliall immediately become common to the other party ; freely, Avhen freely it is granted to such other nations, but Avhen 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 conduciA'e 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 Regency of Algiers from the United States of America, on any pretext whatever. Article III. Relates to the mutual restitution of prisoners and subjects, and has been duly executed. Article IV. Relates to the delii'ery, 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 Avar, should be loaded on board A^essels belonging to the other party, they shall jiass free and unmolested, and no attempt shall be made to take or detain them, ALGIERS — 1816. 13 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, such citizens or subjects shall be liberated immediately, and in no case, or on any pretense whatever, shall any American citizen be kept in captivity or confinement, or the property of any American citizen found on board of any vessel belonging to any nation with which Algiers may be at war, be detained from its lawful owners after the exhibition of sufficient proofs of American citizenship and American property, by the Consul of the United States residing at Algiers. Article VII. Proper passports shall immediately be given to the vessels of both the contracting parties, on condition that the vessels of war belong- ing to the Regency of Algiers, on meeting with merchant vessels be- longing 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 ob- taining leave from the commander of said vessel, who shall compare the passports, and immediately permit said vessel to proceed on her voyage; and should any of the subjects of Algiers insult or molest the commander, or any other person on board a vessel so visited, or plunder any of the property contained in her, on complaint being made to the Consul of the United States residing in Algiers, and on his producing sufficient proofs 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 crusier belonging to the Regency of Algiers, on having seen her passports and certificates from the Consul of the United States residing in Algiers, shall permit her to proceed on her cruise un- molested, and without detention. Ro passport shall be granted by either party to any vessel but such as are absolutely the property of citizens or subjects of the said contracting parties, on any pretense whatever. Article VIII. A citizen or subject of either of the contracting parties having bought a prize vessel condemned by the other party, or by any other nation, the certificates 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. Article IX. Vessels of either of the contracting parties putting into the ports of the other, and having need of provisions or other supplies, shall be furnished at the market price; and if any such vessel should so put in from a disaster at sea, and having occasion to repair, she shall be at liberty to land and re-embark her cargo, without paying any cus- toms or duties whatever; but in no case shall be compelled to land her cargo. 14 TREATIES, CONVENTIONS, ETC. Article X. Should a vessel of either of the contracting parties be cast on shore within the territories of the other, all jDroper assistance shall be given to her and her crew ; no pillage shall be allowed ; the laropert}’- 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 re- quired to be iiaid thereon, and the crew shall be jirotected and suc- cored until they can be sent to their own country. Article XI. If a vessel of either of the contracting parties shall be attacked by an eneni}^ within cannon shot of the forts of the other, she shall be protected as much as is possible. If she be in port, she shall not be seized or attacked when it is in the power of the other party to pro- tect her ; and when she proceeds to sea, no enemj^ shall be permitted to pursue her from the same port within twenty-four hours after her departure. Article XII. The commerce between the United States of America and the Regency of Algiers, the protections to be given to merchants, masters of vessels and seamen, the reciprocal rights of establishing Consuls in each country, the privileges, immunities and jurisdictions to be en- joyed 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 for the debts contracted by the citizens of his own country, unless he gives jireviously Avritten obligations so to do. Article XIV. On a vessel or vessels of war belonging to the United States anchor- ing before the city of Algiers, the Consul is to inform the Dey of her arrival, Avhen she shall receiA^e the salutes wdiich are, by treaty or custom, given to the ships of Avar 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 Avhatever, captives in Algiers, make their escape and take refuge on board any of the said ships of war, they shall not be required back again, nor shall the Consul of the United States or commander of the said ship be required to pay anything for the said Christians. Article XV. As the Government of the United States has, in itself, no character of enmity against the laAVS, religion or tranquillity of any nation, and as the said States have never entered into any Amluntary Avar or act of hostility except in defense of their just rights on the high seas, it is declared by the contracting parties, that no pretext arising ALGIERS — 1816. 15 from religious opinions shall ever produce an interruption of the harmony between the two nations; and the Consuls and Agents of both nations shall have liberty to celebrate the rights of their respec- tive religions in their own houses. The Consuls, respectively, shall have liberty and personal security given them to travel within the territories of each other by land and sea, and shall not be jirevented from going on board any vessel they may think projDer to visit; they shall likewise have the liberty to appoint their own dragoman and broker. Article XVI. In case of any dispute arising from the violation of any of the ar- ticles of this treaty no appeal shall be made to arms, nor shall war be declared on any pretext whatever; but if the Consul residing at the place where the dispute shall happen, shall not be able to settle the same, the Government of that country shall state their grievance in writing, and transmit the same to the Government of the other, and the period of three months shall be allowed for answers to be returned, during which time no act of hostility shall be permitted by either jiarty; and in case the grievances are not redressed, and a war should be the event, the Consuls, and citizens, and subjects of both parties, respectively, shall be permitted to embark with their effects unmolested on board of what vessel or vessels they shall think proper, reasonable time being allowed for that purpose. Article XVII. If, in the course of events, a war should break out between the two nations, the prisoners captured by either party shall not be made slaves; they shall not be forced to hard labor, or other confinement than such as may be necessary to secure their safe-keeping, and shall be exchanged rank for rank; and it is agreed that prisoners shall be exchanged in twelve months after their capture; and the exchange may be effected by any private individual legally authorized by either of the parties. Article XVIII. If any of the Barbary Powers, or other States at war with the United States, shall capture any American vessel and send her into any port of the Regency of Algiers, they shall not be permitted to sell her, but shall be forced to depart the port on procuring the requisite supplies of provisions ; but the vessels of war of the United States, with any prizes they may capture from their enemies, shall have liberty to frequent the ports of Algiers for refreshment of anj^’ kind, and to sell such prizes in the said ports, without paying any other customs or duties than such as are customary on ordinar}^ commercial importations. Article XIX. If any of the citizens of the United States, or any i^ersons under their protection, shall have any disputes with each other, the Consul 16 TREATIES, CONVENTIONS, ETC. shall decide between the parties; and whenever the Consul shall re- quire anf aid or assistance from the Government of Algiers to enforce his decision, it shall be immediately granted to him; and if any dis- jiutes shall arise between any citizens of the United States aiid the citizens or subjects of any other nations having a Consul or Agent in Algiers, such disputes shall be settled by the Consuls or Agents of the respective nations; and any disputes or suits at law that may take place between an}' citizens of the United States and the sub- jects 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 sub- ject 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 assist- ing 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 man- ner whatever. Article XXI. The Consul of the United States of America shall not be required to pay any customs or duties whatever on anything he imports from a foreign country for the use of his house and family. Article XXII. Should any of the citizens of the United States of America die within the Regency of Algiers, the Dey and his subjects 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 propert}^ ; neither shall the Dey or his subjects give hinder- ance in the execution of any will that may appear. ARTICLE ADDITIONAL AND EXPLANATORY. The United States of America, in order to give to the Dey of Algiers a proof of their desire to maintain the relations of peace and amity between the two powers upon a footing the most liberal, and in order to withdraw any obstacle which might embarrass him in his relations Avith other States, agree to annul so much of the eighteenth article of the foregoing treaty as gii'es to the United States any ad- A'antage in the ports of Algiers over the most favored nations haA'ing treaties with the Regency. Done at the palace of the Government, in Algiers, on the 22d day of December, 181G, Avhich corresponds to the third of the Moon Safar, year of the Hegira 1232. ALGIERS 1816. 17 llTiereas the undersigned William Shaler, a citizen of the State of New York, and Isaac Chauncey, Commander in Chief of the Naval Forces of the United States stationed in the Mediterranean, being duly appointed Commissioners, by letters-patent under the signature of the President and seal of the United States of America, bearing date at the city of Washington, the 24th day of August, A. D. 1816, for negotiating and concluding the renewal of a treaty of peace be- tween the United States of America and the Dey and subjects of the Regency of Algiers, we, therefore, William Shaler and Isaac Chaun- cey, Commissioners as aforesaid, do conclude the foregoing treaty, and every article and clause therein contained, reserving the same, nevertheless, for the final ratification of the President of the United States of America, by and with the advice and consent of the Senate of the United States. Done in the chancery of the Consulate General of the United States, in the city of Algiers, on the 23d day of December, in the year 1816, and of the independence of the United States the forty-first. [seal.] Wm. Shaler. [seal.] I. Chauncey. [The signature of the Dey is stamped at the beginning and end of the treaty.] 24449— VOL 1—10 2 ARGENTINE REPUBLIC. (ARGENTINE CONFEDERATION.) 1853. Treaty for the Free Navigation of the Rivers Parana and Uruguay. Concluded July 10^ 1853; ratification advised hy the Senate June 13, 185Jj.; ratified hy the President July 5, 1851^; ratification exchanged December 20, 1851^; 'proclaimed April 9, 1855. Articles. I. Free navigation. II. Loading and unloading vessels. III. Marking channels. IV. Collection of dues. Y. Possession of Martin Garcia Island. VI. War. VII. Accession of other governments. VIII. Most favored nation. IX. Ratification. The President of the United States and His Excellency the Pro- visional Director of the Argentine Confederation, being desirous of strengthening the bonds of friendship which so happily subsist between their respective States and countries, and convinced that the surest means of arriving at this result is to take in concert all the measures requisite for facilitating and developing commercial relations, have resolved to determine by treaty the conditions of the free navigation of the rivers Parana and Uruguay, and thus to remove the obstacles which have hitherto impeded this navigation. With this object they have named as their Plenipotentiaries, that is to say : The President of the United States, Robert C. Schenck, Envoy Extraordinary and Minister Plenipotentiary of the United States to Brazil, and John S. Pendleton, Charge d’Atfaires of the United States to the Argentine Confederation; and His Excellency the Provisional Director of the Argentine Confederation, Doctor Don Salvador Maria del Carril, and Doctor Jose Benjamin Gorostiaga ; MTio, after having communicated to each other their full powers found in good and due form, have agreed upon the following articles: Article I. The Argentine Confederation, in the exercise of her sovereign rights, concedes the free navigation of the rivers Parana and Uru- guay, wherever they may belong to her, to the merchant vessels of 18 ARGENTINE REPUBLIC — 1853. 19 all nations, subject only to the conditions which this treaty estab- lishes, and to the regulations sanctioned, or which may hereafter be sanctioned, by the national authority of the Confederation. Article II. Consequently, the said vessel shall be admitted to remain, load and unload in the places and ports of the Argentine Confederation which are open for that purpose. Article III. The Government of the Argentine Confederation, being desirous to provide every facility for interior navigation, agrees to maintain beacons and marks pointing out the channels. Article IV. A uniform system shall be established by the competent authorities of the confederation, for the collection of the custom-house duties, harbor, lights, jDolice and pilotage dues, along the whole course of the waters which belong to the Confederation. Article V. The high contracting parties, considering that the Island of Mar- tin Garcia may, from its position, embarrass and impede the free navigation of the confluents of the river Plate, agree to use their in- fluence to prevent the possession of the said island from being re- tained or held by any State of the river Plate, or its confluents, which shall not have given its adhesion to the principle of their free navi- gation. x\rticle VI. If it should happen (which God forbid) that war should break out between any of the States, Pepublics or Provinces of the river Plate or its confluents, the navigation of the rivers Parana and Uruguay shall remain free to the merchant flag of all nations, excepting in what may relate to munitions of war, such as arms of all kinds, gun- powder, lead and cannon balls. Article VII. Power is expressly reserved to His Majesty the Emperor of Brazil, and the Governments of Bolivia, Paraguay and the Oriental State of Uruguay to become parties to the present treaty, in case they should be disposed to apply its principles to the parts of the rivers Parana, Paraguay and Uruguay, over which they may respectively possess fluvial rights. Article VIII. The principal objects for which the rivers Parana and Uruguay are declared free to the commerce of the world, being to extend the mercantile relations of the countries which border them, and to pro- mote immigration, it is hereby agreed that no fa-s'or or immunity .shall be granted to the flag or trade of any other nation which shall not equally extend to those of the United States. 20 TKEATIES, CONVEKTIUNS, ETC. Article IX. The present treaty shall be ratified on the part of the Government of the United States within fifteen months from its date, and within two days by His Excellency the Provisional Director of the Argen- tine Confederation, who shall present it to the first Legislative Con- gress of the Confederation, for their approbation. The ratifications shall be exchanged at the seat of Government of the Argentine Confederation, within the tei’m of eighteen months. In witness whereof, the respective Plenipotentiaries have signed this treaty, and affixed thereto their seals. Done at San Jose de Flores, on the tenth day of July, in the year of our Lord one thousand eight hundred and fifty-three. [seal.] Eob’t C. Schenck. [seal.] Jno. Pendleton. [seal.] Salvador Ma. del Carril. [seal.] Jose B. Gorostiaga. 1853. Treaty of Friendship, Commerce and Navigation. C oncluded Jidy ^7, 1853 ; ratification advised hy the Senate June 13^ 185h; ratified l>y the President June £9, 185h; ratifications ex- changed December 185^; 'proclaimed April 9, 1855. Articles. I. Amity. II. Mutual freedom of commerce. III. Most favored nation clause. IV. No discriminating duties to be levied. V. Navigation dues to be equal. VI. Mutual privileges to vessels. VII. Nationality of vessels. VIII. Freedom to trade. IX. Privileges of citizens; settling estates. X. Exemptions from military serv- ice and forced loans ; taxes. XI. Diplomatic and consular agents. XII. Privileges in time of war. XIII. Mutual protection to citizens. XIV. Ratification. 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, Robert C. Schenck, Envoy Extraordinary and Minister Plenipotentiary of the United States to Brazil, and John S. Pendleton, Charge d’Affaires of the United States to the Argentine Confederation ; and His Excellency the Pro- visional Director of the Argentine Confederation, Doctor Don Sal- vador Maria del Carril, and Doctor Don Jose Benjamin Gorostiaga; Who, after having communicated to each other their full powers, found in good and due form, have agreed upon the following articles ; ARGENTINE REPUBLIC 1853. 21 Article I. There shall be perpetual amity between the United States and their citizens on the one part, and the Argentine Confederation and its citizens on the other jDart. Article II. There shall be between all the territories of the United States and all the territories of the Argentine Confederation a reciprocal free- dom 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 residence and commerce; to trade in all kinds of produce, manufac- tures and merchandise of lawful commerce; and generally to enjoy, in all their business, the most complete protection and security, sub- ject to the general laws and usages of the two countries respectively. In like manner, the respective ships of war, and post-office or pas- senger 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, privilege or immunity whatever, in matters of commerce or naviga- tion, which either of them has actually granted, or may hereafter grant, to the citizens or subjects of any other government, nation or state, shall extend, in identity of cases and circumstances, to the citizens of the other contracting party, gratuitously, if the conces- sion in favor of that other government, nation or state, shall have been gratuitous ; or, in return for an equivalent compensation, if the concession shall have been conditional. Article IV. No higher or other duties shall be imposed on the importation into the territories of either of the two contracting parties of any article of the growth, produce or manufacture of the territories of the other contracting party, than are, or shall be, 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 territories of the other, than such as are, or shall be, payable on the exportation of the like article to any other foreign country; nor shall any prohibition 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. 22 TREATIES, CONVENTIONS, ETC. Article V. No other or higher duties or charges, on account of tonnage, light or harbor dues, pilotage, salvage in case of average or shiiiwreck, or any other local charges, shall be iinj^osed in the ports of the two contract- ing parties on the vessels of the other, than those payable in the same jiorts 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 into or from the territories of the United States, or into or from the terri- tories 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 which, being furnished by the competent authority with a regular passport or sea-letter, shall, under the then existing laws and regulations of either of the two Governments, be recognized fully and hona -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 themselves, or to commit them to the management of whomsoever the}^ please, as broker, factor, agent or interpreter; nor shall they be obliged to employ any other persons in those capacities than those employed by citizens of the Argentine Confederation, nor to pay them any other salary or remuneration than such as is paid in like cases by citizens of the Argentine Confederation. And absolute freedom shall be allowed in all cases to the buyer and seller to bargain and fix the price of any goods, wares or merchandise imported into, or exjiorted from, the Argentine Confederation, as they shall see good, observing the laws and established customs of the country. The same rights and iirivileges, in all respects, shall be enjoj^ed in the territories of the United States, by the citizens of the Argentine Confederation. The citizens of the two contracting parties shall reciprocally receive and enjoy full and perfect protection for their persons and property, and shall have free and oj^en access to the courts of justice in the said countries respectively, for the prosecution and defense of their just rights, and they shall be at liberty to employ in all cases such advo- cates, attorneys or agents as they may think proper; and they shall enjoy, in this respect, the same rights and privileges therein as native citizens. ARGENTINE REPUBLIC 1853. 23 Article IX. In whatever relates to the police of the ports, the lading and unlad- ing of ships, the safety of the merchandise, goods and effects, and to the acquiring and disposing of property of every sort and denomina- tion, either by sale, donation, excliange, testament or in any other manner whatsoever, as also to the administration of justice, the citi- zens of the two contracting parties shall reciprocally enjoy the same privileges, liberties and rights, as native citizens; and they shall not be charged, in any of those respects, with any higher imposts or duties than those which are paid, or may be paid, by native citizens, sub- mitting, of course, to the local laws and regulations of each country respectively. If any citizen of either of the two 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 the de- ceased belonged, or the representative of such Consul-General or Consul, in his absence, shall have the right to intervene in the posses- sion, 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- eration, and the citizens of the Argentine Confederation 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 com- pelled, under any pretext whatever, to pay any ordinary charges, requisitions or taxes, greater than those that are paid by native citi- zens of the contracting parties respectively. Article XI. It shall be free for each of the two contracting parties to appoint Consuls, for the protection of trade, to reside in an}^ of th^ territories of the other party ; but, before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the contracting parties 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 Confedera- tion shall enjoy, in the territories of the United States, whatever privileges, exemptions and immunities are, or shall be, granted to agents of the same rank, belonging to the most favored nation ; and, in like manner, the Diplomatic Agents and Consuls of the United States, in the territories of the Argentine Confederation, shall enjoy, according to the strictest reciprocity, whatever privileges, exemp- tions and immunities are, or may be, granted in the Argentine Con- federation to the Diplomatic Agents and Consuls of the most favored nation. 24 TREATIES, CONVENTIONS, ETC. Article XII. For the better security of commerce between the United States and the Argentine Confederation, it is agreed that if, at any time, any interruption of friendly commercial intercourse, or any rupture, should unfortunately take place between the two contracting parties, the citizens of either of them, residing in the territories of the other, shall have the privilege of remaining and continuing their trade or occupation therein, without any manner of interruption, so long as they behave peaceably and commit no olfense against the laws; and their effects and property, whether intrusted to individuals or to the State, shall not be liable to seizure or sequestration, 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 territories of the other party, shall enjoy, in their houses, persons and properties, the full protection of the Grovernment. 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 shall be at liberty to build and main- tain, in convenient situations, to be approved of by the local Govern- ment, 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, and within three days by His Excellency the Provisional Director of the Argen- tine Confederation, who will also present it to the first Legislative. Congress of the Confederation, for their approval. 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 Jose, on the twenty-seventh day of July, in the year of our Lord one thousand eight hundred and fifty-three. [seal.] Robert C. Schenck. [seal.] Jno. Pendleton. [seal.] ■ Salvador Ma. del Carril. [seal.] ' Jose B. Gorostiaga. ARGENTINE REPUBLIC 1896. 25 1896. Extradition Convention. Concluded September 26, 1896; ratification with amendments advised by Senate January 28, 1897 ; ratification advised February 5, 1900 ; ratified by President April 7, 1900; ratifications exchanged June 2, 1900; proclaimed June 5, 1900. Articles. I. Mutual delivery of tlie accused. II. Extraditable crimes. III. Nondelivery of citizens. IV. Procedure. V. Provisional detention. VI. Political offenses. VII. Limitations. VIII. Offense for which to be tried. IX. Articles in possession of accused. X. Persons claimed by other countries. XI. Expenses. XII. Ratification ; duration. The President of the United States of America and the President of the Argentine Republic, interested in the improvement of the administration of justice and in the jirevention of crime within their resjiective territories, have agreed to celebrate a treaty by which fugitives from justice will be, in determined circumstances, recipro- cally delivered up, to which effect they have named as their pleni- potentiaries, to wit : The President of the United States of America, William I. Buch- anan, their Envoy Extraordinary and Minister Plenipotentiary, to the Argentine Republic, and the President of the Argentine Repub- lic, H. E. Senor Doctor Don Amancio Alcorta, Minister of Foreign Relations, who, after communicating to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles: Article 1. The Government of the United States of America and the Govern- ment of the Argentine Republic mutually agree to deliver up those persons found accused of, or convicted- of having committed, in the territory of one of the high contracting parties, any of the crimes or offenses specified in the following article, who shall take refuge or be found within the territory of the other. This will only take place when the evidence of criminality is of such a character that according to the laws of the country where the fugitive or person so accused is found, would legally justify his arrest and commitment for trial, if the crime or offense had been there committed. Article 2. Extradition will be granted for the following crimes and offenses. 1. Homicide (comprehending assassination, parricide, poisoning, infanticide, manslaughter, when voluntary), or the attempt to com- mit any of these crimes. 2. Arson. 3. Burglary, house-breaking, shop-breaking, robbery committed with violence, actual, attempted or threatened. Larceny of prop- erty of the value of two hundred dollars, or upwards. 26 TREATIES, CONVENTIONS, ETC. i. Forgery, or the utterance of forged papers; the forgery of offi- cial acts of government, of public authorities, or of courts of justice, or the utterance of the thing forged or falsified. 5. The counterfeiting, or falsifying of money, whether coin or paper, or of instruments of debt created by national. State, provincial or municipal Governments, or of coupons thereof, or of bank notes, or the utterance or circulation of these; the counterfeiting, falsifying or altering of seals of State. 6. Embezzlement of public moneys, committed within the jurisdic- tion of either of the high contracting parties by public functionaries or depositaries; embezzlement committed by one or more persons, hired or salaried, to the detriment of their employers or principals; where in either class of cases the embezzlement exceeds the sum of two hundred dollars. 7. Fraud, or breach of trust, committed by a bailee, banker, agent, factor, trustee, director, member or public officer of any company, when such act is punishable by the laws of both contracting parties, and the amount of money or the value of the property misappropri- ated is not less than two hundred dollars. 8. Perjury, or subornation of perjury. 9. Eape, abduction, kidnapping and child-stealing. 10. Any act, committed with criminal intent, the object of which is to endanger the safety of any person travelling or being upon a railway. 11. Crimes and offenses committed at sea; (a) Piracy by the law of nations. (J) Eevolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authorities of the ship. (c) Wrongfully sinking or destrojdng a ship at sea, or attempting to do so. (d) Assaults on board a ship at sea with intent to do serious bodily harm. 12. Trading in slaves when the offense is declared criminal by the laws of both countries. In all cases the extradition of agents, participants or cooperators in any of the crimes or offenses enumerated herein, or attempts there- of, will be granted when the punishment fixed for the crime or offense is greater than one year’s imprisonment. Article 3. In no case shall the nationality of the person accused be an impedi- ment to his extradition, under the conditions stipulated by the present treaty, but neither Government shall be bound to deliver its own citizens for extradition under this Convention ; but either shall have the power to deliver them up, if, in its discretion, it be deemed proper to do so. Article 4. The requisition for extradition shall be made through the diplo- matic agents of the high contracting parties or, in case of their de- fect, by the superior consular officers thereof, accompanied by a legal- ized copy of the sentence of the judge, or of the warrant of arrest: issued in the country where the crime or offense may have been com- mitted, as also the depositions or other testimony by virtue of which the warrant of arrest was issued. AEGENTINE REPUBLIC 1896. 27 Besides the sentence of the judge, or the warrant of arrest, it will be necessary in the formal request for extradition, to accompany it with such evidence as may be necessary to establish the identity of the person demanded, together with a duly certified copy of the law applicable to the act charged, as shown by statute or judicial decision. For the purpose of extradition the two high contracting parties will proceed, in accordance with this treaty, in conformity with the laws regulating judicial proceedings at the time being in force in the coun- try to which the demand for extradition shall be directed. Article 5. In urgent cases the two high contracting parties may request, by mail or telegraph, the provisional arrest of the person accused and the retention of the objects relating to the crime or offense, in each case setting forth the existence of a sentence, or warrant of arrest, and clearly stating the nature of the crime or offense charged. Such provisional detention will cease and the person held will be placed at liberty if the formalities for his extradition, in the required form set out in the preceding article, are not presented within two months, counting from the day of arrest. Article 6. Extradition will not be granted for a crime or offense of a political character nor for those connected therewith. No person delivered up in virtue of this treaty can be tried, or pun- ished, for a political crime or offense, nor for an act having connec- tion therewith, committed before the extradition or surrender of such person. In cases of doubt with relation to the present article, the decision of the judicial authorities of the country to which the demand for extra- dition is directed will be final. Article 7. Extradition will not be granted when the crime or offense charged, or for which the fugitive has been condemned, is found unpunishable, by reason of statutory limitation, in accordance with the laws of the country of asylum. Article 8. In no case can the person surrendered be held or tried in the coun- try to which he has been surrendered for any crime other than that for which extradition was granted until he has returned, or had an opportunity to return, to the surrendering State. This stipulation will not apply to crimes or offenses committed after extradition has taken place. Article 9. All articles at the time of apprehension in the possession of the per- son demanded, whether being the proceeds of the crime or offense 28 TREATIES, CONVENTIONS, ETC. charged, or being material as evidence in making proof of the crime or offense, shall, so far as practicable in conformity with the laws of the respective countries, be given up when the extradition takes place. Nevertheless, the rights of third jiarties with regard to such articles shall be duly respected. Article 10. If the individual claimed by one of the high contracting parties, in pursuance of the present treatj^, shall also be claimed by one or several powers, on account of crimes or offenses committed within their re- spective jurisdictions, his extradition shall be granted to the State Avhose demand is first received : Provided, that the government from Avhich extradition is sought is not bound by treaty to give jireference otherwise. Article 11. All expenses connected with the extradition of a fugitive, excepting the compensation of public officers Avho receive a fixed salary, vdll be borne by the State asking such extradition. Article 12. The present treaty shall take effect on the thirtieth day after the date of the exchange of the ratifications. The ratifications of the present treaty shall be exchanged at Buenos Aires as soon as possible, and it shall remain in force for a period of six months after the date on which either of the contracting govern- ments shall give notice to the other of a purpose to terminate it. In witness whereof the respective Plenipotentiaries have signed this Treaty and affixed thereto their seals. Done in duplicate, at the city of Buenos Aires, this twenty sixth day of September eighteen hundred and ninety six. William I. Buchanan [seal.] Amancio Alcorta [seal.] AUSTRIA-HUNGARY. 1829. Treaty of Commerce and Navigation. Concluded August ^7, 1829; rati-fication advised hy the Senate Feb- ruary 10^ 1830; ratified hy the President February 11, 1830; rati- fications exchanged February 10, 1831; proclaimed February 10, 1831. Abticles. I. Liberty of commerce and naviga- tion. II. Shipping charges to be equal. III. No discrimination in import du- ties. IV. Application of two preceding ai'- ticles. y. Most favored nation treatment of products. VI. Reciprocal right of vessels to ex- port. VII. Coastwise trade. VIII. No discriminations against ves- sels. IX. Most favored nation favors. X. Consular officers authorized. XI. Property of deceased persons. XII. Duration. XIII. Ratification. (The period for the exchange of ratifications was extended, with the advice and consent of the Senate, by resoiution of February 3, 1831, and the consent of the Emperor of Austria, expressed by his minister in the certificate of exchange of ratifications, February 10, 1831.) The United States of America and His Majesty the Emperor of Austria, King of Hungary and Bohemia, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective States, of ex- tending, also, and consolidating the commercial intercourse between them, and convinced that this object cannot better be accomplished than by adopting the system of an entire freedom of navigation and a perfect reciprocity, based upon principles of equity equally bene- ficial to both countries, have, in consequence, agreed to enter into negotiations for the conclusion of a treaty of commerce and naviga- tion, for which purpose the President of the United States has con- ferred 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: 29 30 TREATIES, CONVENTIONS, ETC. Article I. There shall be between the territories of the high contracting parties a reciprocal liberty of commerce and navigation.' The inhab- itants of their respective States shall mutually have liberty to enter the ports, places and rivers of the territories of each party, wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories, in order to attend to their 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 United States arriving, either laden or in ballast, in the ports of the domin- ions of Austria, 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 fees and per- quisites of public officers and all 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 establishment whatsoever. Article III. All kinds of merchandise and articles of commerce, either the prod- uce of the soil or the industry of the United States of America, or of any other country, which may be lawfully imported into the ports of the dominions of Austria, in Austrian vessels, may also be so imported in vessels of the United States of America, without paying other or higher duties or charges, of whatever kind or 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 merchan- dise or produce had been imported in Austrian vessels. And, re- ciprocally, 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 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 pri- vate 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 declared that the stipulations contained in the two preceding articles are, to their full extent, applicable to Austrian vessels and their cargoes arriving in the ports of the United States of America ; and. '"ntiEiGR iwr?4,oivs li^'j^afy AUSTEIA-HUNGAKY 1829. 3 1 reciprocally, to vessels of the said States and their cargoes 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. Aeticle V. No higher or other duties shall be imposed on the importation into the United States of any article 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 produce or manufacture of the United States, than are or shall be payable on the like article, being the produce or manufacture of any other foreign country. Nor shall any prohibition be imposed on the importation or exportation of any article the produce or manufac- ture 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 domin- ions of Austria, which shall not equally extend to all other nations. Article VI. All kind of merchandise and articles of commerce, either the prod- uce of the soil or of the industry of the United States of America, or of any other country, which may be lawfully exported or re-exported from the ports of the said United States in national vessels, may also be exported or re-exported therefrom in Austrian vessels, without 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 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 domin- ions of Austria, or of any other country, which may be lawfully ex- jDorted 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 Government, the local authorities, or of any private establish- ments whatsoever, than if the same mechandise 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 opera- tion of this treaty, and of every article thereof. Article VIII. No priority or preference shall be given, directly or indirectly, by either of the contracting parties, nor by any company, corporation or agent, acting on their behalf or under their authority, in the pur- 32 TREATIES, CONVENTIONS, ETC. chase of any article of commerce, lawfully imported, on account of, or in reference to the character of the vessel, whether it be of the one party or of the other, in which such article was imported, it being the true intent and meaning of the contracting parties that no dis- tinction or difference whatever shall be made in this respect. Article IX. If either party shall hereafter grant to any other nation any par- ticular favor in navigation or commerce, 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 compensation, when the grant is conditional. Article X. The two contracting parties hereby reciprocally grant to eacli other the liberty of having, each in the ports of the other. Consuls, Vice-Consuls, Agents and Commissaries of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nations. But if any such Consuls shall exercise commerce, they shall be subjected to the same laws and usages to which the private individuals of their nation are subject in the same place, in respect of their commercial transactions. Article XI. The citizens or subjects of each party shall have power to dispose of their personal goods within the jurisdiction of the other, by testa- ment, donation or otherwise ; and their representatives, being citizens or subjects of the other party, shall succeed to their personal goods, whether by testament or ab intestato, and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their will, paying such dues, taxes or charges 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 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 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 anj^ manner from the force of the laws already published, or here- after to be published, by His Majesty the Emperor of Austria, to prevent the emigration of his subjects. Article XII. The present treaty shall continue in force for ten years, counting from the day of the exchange of the ratifications; and if twelve months before the expiration of that period neither of the high con- tracting parties shall have announced, by an official notification to the other, its intention to arrest the operation of said treaty, it shall remain binding for one year beyond that time, and so on, until the expiration of the twelve months which will follow a similar notifi- cation, whatever the time at which it may take place. AUSTEIA-HUNGAilY — 1829-1848. 33 Article XIII. This treaty shall be approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Majesty the Emperor of Austria; and the ratifi- cations 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, de- claring, 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 Buren. [seal,] L. Baron de Lederer. 1848. Convention Relative to Disposal of Property and Consular Jurisdiction. Concluded May 8, 18^8; ratification advised and time for exchange of ratifications extended to July J, 1850, hy the Senate Fehruary 13, 1850; ratified hy the President Fehruary 15^ 1850; ratifications exchanged Fehruary 23, 1850 ; 'proclaimed Fehruary 25, 1850. Articles. I. Disposal of personal property. II. Disposal of real property held by deceased persons. III. Protecting property of absentheirs. IV. Consular privileges ; deserters. V. Duration. 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 per- sonal 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 pur- pose 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 Charge d’Affaires to the United States, John George Hiilsemann; VTio, after having exchanged their said full powers, found in due and proper form, have agreed to and signed the following articl^:; ® This period was extended, with tbe advice and consent o# the Senate, ex- pressed in its resolution of February 3, 1831, and witb tbe consent of tbe Emperor of Austria, expressed by bis Minister in W? certificate of tbe exchange of ratification, February 10, 1831. 24449— VOL 1—10 3 34 TREATIES, CONVENTIONS, ETC. Article I. The citizens or subjects of each of the contracting parties shall have power to dispose of their personal property within the States of the other, by testament, donation or otherwise; and their heirs, 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 inhab- itants 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 prop- erty not personal, within the territories of one party, such real prop- erty would, by the laws of the land, descend on a citizen 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 inhabitants of the country from which such proceeds may be withdrawn. Article III. In case of the absence of the heirs, the same care shall be taken, provisionally, 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. Article IV. The high contracting parties grant to each other the liberty of having, each in the ports of the other. Consuls, Vice-Consuls, Commercial Agents and Vice-Commercial Agents, of their own appointment, who shall enjoy the same privileges and powers as those of the most fa- Amred nations; but if aii}^ of the said Consuls shall carry on trade, they shall be subjected to the same laws and usages to which private individuals of their nation are subjected in the same place. The said Consuls, Vice-Consuls, Commercial and Vice-Commercial Agents shall have the right as such to sit as judges and arbitrators in such differences as may arise between the masters and crews of the vessels belonging to the nation whose interests are committed to their charge, Avithout the interference of the local authorities, unless the conduct of the crews or of the captain should disturb the order or tranquillity of the country; or the said Consuls, Vice-Consuls, Com- mercial Agents, or Vice-Commercial Agents, should require their assistance in executing or supporting their OAvn decisions. But this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their own country. AUSTKIA-HUNGAKY 1848. 35 The said Consuls, Vice-Consuls, Commercial Agents and Vice-Com- mercial Agents, are authorized to require the assistance of the local authorities for the search, arrest and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply in writing to the competent tribunals, judges and officers, and shall demand said deserters, proving by the exhibition of the registers of the vessels, the muster-rolls of the crews, or by any other official documents, that such individuals form legally part of the crews; and, on such claim being substantiated, the surren- der shall not be refused. Such deserters when arrested shall be placed at the disposal of the said Consuls, Vice-Consuls, Commercial Agents, and Vice-Commer- cial Agents, and may be confined in the public j)risons, at the request and cost of those who shall claim them, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months of the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. If, however, the deserter shall be found to have committed any crime or offense requiring trial, his surrender may be delayed until the tribunal before which his case shall be pending shall have pronounced its sentence, and such sentence shall have been carried into effect. Article V. The present treaty shall continue in force for two years, counting from the day of the exchange of its ratifications; and if, twelve months before the expiration of that period, neither of the high con- tracting parties shall have announced by an official notification to the other, its intention to arrest the operation of said treaty, it shall remain binding for one year beyond that time, and so on until the expiration of the twelve months which will follow a similar notifica- tion, whatever the time at which it may take place. Article VI.“ This convention is concluded subject to the ratification of the President of the United States of America, by and with the advice and consent of the Senate thereof, and of His Majesty the Emperor Resolution of the Senate of the United States, February 13, 1850. Whereas the time limited by the sixth article of the convention for the exten- sion of certain stipulations contained in the ti'eaty of commerce and navigation of August 27, 1829, between the United States of America and His Majesty the Emperor of Austria, 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 eoncurring,) 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 notwithstanding. Attest : Asbury Dickins, Secretary. 36 TREATIES, CONVENTIONS, ETC. of Austria ; and the ratifications thereof shall be exchanged in Wash- ington within the. term of one year from the date of the signature thereof, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the above articles, as well in German as in English, and have thereto affixed their seals. Done in the city of Washington, on the eighth day of May, one thousand eight hundred and forty-eight, in the seventy-second year of the independence of the United States of America, and in the four- teenth 3^ear of the reign of His Majesty the Emperor of Austria. [seal.] James Buchanan, [seal.] Hulsemann. 1856." Extradition Convention. Concluded July 3, 1856; ratification advised hy the Senate with amendment A nyust 13, 1856; ratifed hy the President December 12, 1856; ratif cations exchanged December 13, 1856; proclaimed De- cember 15, 1856. Articles. I. Extraditable crimes; proceedings. IV. Duration. II. Persons not to be delivered. A'. Ratification. III. Persons committing crimes in country where found. Bliereas it is found expedient, for the better administration of justice and the prevention of crime within the territories and juris- diction of the parties, respectively, that persons 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 Govern- ment of the United States, with a view of making the convention strictly reciprocal, shall be held equallj'^ 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 jiart 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; and His Majesty the Emperor of Austria, John George Chevalier de Hiilsemann, his said Majesty’s Minister Kesident near the Government of the United States; who, after recipi'ocal commu- nication of their respective powers, have agreed to and signed the folloAving articles: "Federal cases: In re Baruch (41 Fed. Rei)., 472), in re Adult (55 Fed Rep., .‘{76) . AUSTRIA-HUNGARY 1856. 37 Article I. It is agreed that the United States and Austria shall, upon mutual requisitions by them or their ministers, officers or authorities, respec- tively 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 circula- tion 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 justif}" his apprehension and commitment for trial if the crime or offense had there been committed; and the respective judges and other mag- istrates 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, 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. The provisions of the present convention shall not be applied, in any manner, to the crimes enumerated in the first article committed anterior to the date thereof nor to any crime or offense of a political character. Article II. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention. Article III. 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 shall be found, such person shall not be delivered up, under tbe stipulations of this con- vention, until he shall have been tried and shall have received the punishment due to such new crime, or shall have been acquitted thereof. ' Article TV. The present convention shall continue in force until the first of Jan- uary, eighteen hundred and 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 parties shall have given notice to the other of such intention; each of the 38 TREATIES, CONVENTIONS, ETC. 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, 1858. Article V. The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by His Majesty the Emperor of Austria, and the 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 this convention and have hereunto affixed their seals. Done in duplicate at Washington, the third day of July, in the year of our Lord one thousand eight hundred and fifty-six, and of the Independence of the United States the eightieth. [seal.] W. L. Marcy. [seal.] Hulsemann. 1863. Agreement Concerning Admission of Tobacco. Signed Decernher 20, 1863. IWiereas, an informal Convention on the subject of the exportation of certain tobacco from the United States was, on the 23rd day of November last, concluded between the Secretary of State and the Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of the French, a copy of which Convention is hereunto annexed.® It is hereby stipuated by and between Frederick W. Seward, Act- ing Secretary of State of the United States and Count • Nicholas Giorgi, Minister Eesident of His Majesty the Emperor of Austria, that the tobacco in this countrj^, belonging to the Austrian Govern- ment, purchased and paid for prior to the 4th of March 1861, amount- ing to six hundred and twelve (612) hogsheads, or thereabouts, may be exported from places within the limits of the blockade, on condi- tions similar to those required for the exportation of tobacco belong- ing to the French government: but as it is not convenient for the Austrian Government to post any of its naval vessels for the purpose of superintending such exportation, it is farther stipulated that such exportation may be made under the superintendence of such of the vessels of the French navy as may be emplo5'^ed in superintending the exportation of the tobacco belonging to the Government of France. Done at the City of Washington this 24th day of December, 1863. F. W. Seward N Giorgi Not annexed to original in State Dept. AUSTEIA-HUNGARY 1870. 39 1870. Consular Convention. Concluded July 11^ 1870: ratijication advised hy the Senate Decem- ber 9y 1870; ratified by the President December 19^ 1870; time for exchange of ratifications extended by the Senate May 12^ 1871; ratifications exchanged June 26, 1871; 'proclaimed June 29, 1871. Articles. I. Officers recognized. II. Exemptions and immunities. III. Exemptions as witnesses. IV. Use of arms and flags. V. Inviolability of archives VI. Powers of acting officers. VII. Vice-consuls and consular agents. VIII. Applications to local authorities. IX. Performance of notarial acts. X. Authority as to shipping. XI. Disputes between masters and crews. XII. Deserters from ships. XIII. Settlement of damages at sea. XIV. Shipwreck proceedings. XV. Most favored nation privileges. XVI. Notice of death of intestates. XVII. Duration ; ratification. The President of the United States of America, and His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary, animated by the desire to define in a comprehensive and precise manner the recijirocal rights, privileges and immunities of the Consuls-General, Consuls, Vice-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 respective sphere of action, have agreed upon the conclu- sion of a consular convention, and for that jmrpose have appointed their respective Plenipotentiaries, namely: the President of the United States of America, Hamilton Fish, Secretary of State of the United States; and His Majesty the Emperor of Austria, Apostolic King of Hungary, Charles, Baron von Lederer, Knight of the Im- perial and Royal Order of Leopold, and His Majesty’s Envoy Ex- traordinary 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 pariA, except those where it may not be convenient to recognize such officers; but this exception shall not apply to one of the high contracting parties without also applying to every other Power. Consuls-General, Consuls and other Consular officers appointed and taking office according to the pro- visions of this article, in one or the other of the two countries, shall be free to exercise the right accorded them by the present convention throughout the whole of the district for which they may be respec- tively appointed. The said functionaries shall be admitted and rec- ognized 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 be delivered to them free of charge; and upon exhibiting such 40 TREATIES, CONVENTIONS, ETC. exequatur they shall be admitted at once and without interference by the authorities, Federal or State, judicial or executive, of the ports, cities and places of their residence and district, to the enjoyment of the prerogatives reciprocally granted. Article II. The Consuls-General, Consuls, Vice-Consuls and Consular Agents, their chancellors, and other Consular Officers, if they are citizens of the State which appoints them, shall be exempt from military billet- ings, from service in the military or the national guard, and other duties of the same nature, and from all direct and iiersonal 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 they are citizens of the State in which they reside, or if they own property, or engage in any business there that is taxed under any laws of the country, then they shall be subject to the same taxes, charges and assessments as other private individuals. They shall, moreover, enjoy personal immunities, except for acts regarded as crimes by the laws of the country in which they reside. If they are engaged in commerce, personal detention can be resorted to in "their case only for commercial liabilities, and then in accordance only with general laws, applicable to all persons alike. Article III. Consuls-General, Consuls and their Chancellors, Vice-Consuls and Consular Officers, if citizens of the country which appoints them, shall not be summoned to appear as witnesses before a court of justice, except when, pursuant to law, the testimony of a consul may be neces- sary for the defence of a person charged with crime. In other cases the local court, when it deems the testimony of a Consul necessary, shall either go to his dwelling to have the testimony taken orally, or shall send there a competent officer to reduce it to writing, or shall ask of him a written declaration. Article IV. Consuls-Generals, 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-General ”, “ 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. Article V. The consular archives shall be at all times inviolable, and under no pretence whatever shall the local authorities be allowed to examine or seize the papers forming part of them. AUSTRIA-HUNGARY 1870. 41 Article VI. In the event of incapacity, absence, or death of Consuls-General, Consuls, Vice-Consuls, their Consular Pupils, Chancellors or Secre- taries, whose official 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 temporary exer- cise of the consular functions, and they shall, for the duration 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 approbation of the Government of the countri' where they reside. These Vice-Consuls and Consular Agents may be selected indiscriminately 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 authori- ties within their district, whether federal or local, judicial or execu- tive, in the event of any infraction of the treaties and conventions be- tween the two countries; also for the jiurpose of protecting the rights of their countrymen. Should the said authorities fail to take due notice of their application, they shall be at liberty, in the absence of any diplomatic representative of their country, to apply to the Gov- ernment 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 office, at the residence of the parties, or on board ship, the depo- sitions 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 con- tracts 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 instruments, and also copies thereof, when duly authenticated by such Consul-General, Consul, Vice-Consul or Consular Agent under his official seals, shall be received in courts of justice as legal documents, 42 TKEATIES^ CONVENTIONS, ETC. or as authenticated copies, as the case may be, and shall have the same force and effect as if drawn up by competent public officers of one or the other of the two countries. Consuls-General, Consuls, Vice-Con- suls or Consular Agents of the respective countries shall have the power to translate and legalize all documents issued by the authori- ties or functionaries of their own country, and such papers shall have the same force and effect in the country where the aforesaid officers reside as if drawn up by sworn interpreters. Article X. Consuls-General, Consuls, Vice-Consuls or Consular Agents shall be at liberty to go on board the vessels of their nation admitted to entry, either in person or by proxy, and to examine the captain and crew, to look into the register of the ship, to receive declarations with reference to their voyage, their destination, and the incidents of the voyage; also, to draw up manifests, lists of freight, to assist in de- spatching their vessels, and finally to accompany the said captains or crews before the courts and before the administrative authorities, in order to act as their interpreters or agents in their business transac- tions or ajiplications of any kind. The judicial authorities and cus- tom-house officials shall in no case proceed to the examination or search of merchant vessels without previous notice to the consular authority of the nation to which the said vessels belong, in order to enable them to be present. They shall also give due notice to Consuls, Vice-Consuls or Consular Agents, in order to enable them to be present at any depositions or statements to be made in courts of law, or before local magistrates, by captains or persons composing the crew, thus to prevent errors or false interpretations which might impede the correct administration of justice. The notice of Consuls, Vice-Consuls or Consular Agents shall name the hour fixed for such proceedings, and upon the non-appearance of the said officers or their representatives, the case shall be proceeded with in their absence. Article XI. Consuls, Vice-Consuls or Consular Agents, shall have exclusive charge of the internal order of the merchant vessels of their nation. They shall have therefore the exclusive power to take cognizance of and to settle all differences which may arise at sea or in port between captains, officers and crews in reference to wages and the execution of mutual contracts, subject in each case to the laws of their own nation. The local authorities shall in no way interfere, except in cases where the differences on board ship are of a nature to disturb the peace and public order in port or on shore, or when persons other than the offi- cers and crew of the vessel are parties to the disturbance, except as aforesaid, the local authorities shall confine themselves to the render- ing of forcible assistance if required by the Consuls, Vice-Consuls or Consular Agents, and shall cause the arrest, temporary imprisonment and removal on board his own vessel of every person whose name is found on the muster-rolls or register of the ship or list of the crew. AUSTRIA-HUNGARY — 1870, 43 Article XII. Consuls-General, Consuls, Vice-Consuls or Consular Agents, shall have the power to cause the arrest of all sailors or all other persons belonging to the crews of vessels of their nation who may be guilty of having deserted on the respective territories of the high contract- ing 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 docu- ments, 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 de- serters, and the latter shall be taken to the prisons of the country and there detained at the request and expense of the consular au- thority until there may be an opportunity for sending them away. The duration of this imprisonment shall not exceed the term of three months, at the expiration of which time, and upon three days’ notice to the consul, the prisoner shall be set free, and he shall not be liable to rearrest for the same cause. Should, however, the deserter have committed on shore an indictable offence, the local authorities shall be free to postpone his extradition until due sentence shall have been passed and executed. The high contracting parties agree that sea- men, 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 affectecl by the provisions of this article. Article XIII. In all cases where no other agreement to the contrary exists between owners, freighters and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter the respective ports voluntarily or by stress of weather, shall be settled by tlie Consuls- General, Consuls, Vice-Consuls or Consular Agents of their respec- tive nation, provided no interests of citizens of the country 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 authorities shall inform the Consuls-General, Consuls, Vice-Consuls or Consular 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 directed by the United States Consuls-General, Consuls, Vice-Consuls or Consular 44 TEEATTES, CONVENTIONS, ETC. Agents; also all proceedings relative to the salvage of Austro-Hun- garian vessels wrecked or cast on shore in American waters, shall be directed by Austro-Hungarian Consuls-General, Consuls, Vice-Con- suls or Consular Agents. xVn interference of the local authorities in the two countries shall take place for the purpose only of assisting the consular authorities in maintaining order and protecting the rights of salvors not belonging to the crew ; also for enforcing the regulations relative to the import or export of the merchandise saved. In the absence and until the arrival of the Consuls-General, Con- suls, Vice-Consuls or Consular Agents, or their duly appointed dele- gates, the local authorities shall take all the necessary measures for the protection of persons and preservation of the property saved from the wreck. No charges shall be made for the interference of the local authorities in such cases, excej^t 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 hapjoens would have to incur. In case of a doubt concerning the nationality of the wrecks, the local authorities shall have exclusively the management and execu- tion of the provisions laid down in the joresent article. The high contracting parties also agree that all merchandise and goods not destined for consumption in the country in which the wreck takes place shall be free of all duties. Article XV. Consuls-General, Consuls, Vice-Consuls and Consular Agents, also Consular PujdIIs, Chancellors and Consular Officers shall enjoy in the two countries all the liberties, prerogatives, immunities and priv- ileges granted to functionaries of the same class of the most favored nation. Article XVI. In case of the death of a citizen of the United States in the Austro- Hungarian Monarchy, or of a citizen of the Austro Hungarian Monarchy in the United States, without having any known heirs or testamentary executors by him appointed, the competent local au- thorities 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 years from the date of the exchange of the ratifications, which shall be made in conformity with the respective constitutions of the two countries, and exchanged at "Washington within the period of ten months, or sooner, if possible.® ® Ry resolution of the Senate the time for exchange of ratifications was extended three months. AUSTRIA-HUNGARY 1870. 45 In case neither of the contracting parties gives notice before the ex- piration of the said term of his intention not to renew this conven- tion, 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.] Lederer. 1870. Naturalization Convention. Concluded Septemher £0, 1870; ratification advised hy the Senate March 22^ 1871 ; ratided hy the President March 2f^ 1871 ; ratifica- tions exchanged July 1871; proclaimed August i, 1871. Articles. I. Requirements necessary. II. Liability for prior offenses. III. Former treaties continued. IV. Resumption of former citizenship. V. Duration. VI. Ratification. 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 per- sons who emigrate from the United States of America to the terri- tories of the Austro-Hungarian Monarchy, and from the Austro-Hun- garian Monarchy to the United States of America, have resolved to treat on this subject, and have for that purpose appointed Plenipo- tentiaries to conclude a Convention, that is to say : The President of the United States of America, John Jay, Envoy Extraordinary and Minister Plenipotentiary from the United States to His Imperial and Royal Apostolic Majesty; and His Majesty the Emperor of Austria, etc.. Apostolic King of Hungary, the Count Frederick Ferdinand de 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 : Article I. Citizens of the Austro-Hungarian Monarchy who have resided in the United States of America uninterruptedly at least five years, and during such residence have become naturalized citizens of the United States, shall be held by the Government of Austria and Hungary to be American citizens, and shall be treated as such. Reciprocally, citizens of the United States of America who have resided in the territories of the Austro-Hungarian Monarchy, uninter- ruptedly at least five years, and during such residence have become naturalized citizens of the Austro-Hungarian Monarchy, shall be held 46 TREATIES, CONVENTIONS, ETC. by the United States to be citizens of the Austro-Hungarian Mon- archy, and shall be treated as such. The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization. Article II. A naturalized citizen of the one party, on return to the territory of the other party, remains liable to trial and punishment for an action punishable by the laws of his original country committed before his emigration, saving always the limitation established by the laws of his original country and any other remission of liability to pun- ishment. In particular, a former citizen of the Austro-Hungarian Monarchy, who, under the first article, is to be held as an ^Vmerican citizen, is liable to trial and punishment, according to the laws of Austro- Hungary, for non-fulfilment of military duty: 1st. If he has emi- grated, after having been drafted at the time of conscription, and thus having become enrolled as a recruit for service in the standing army. 2d. If he has emigrated Avhilst he stood in service under 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 to the reserve or to the militia, he has emigrated after having received a call into service, or after a public proclamation requiring his appearanqe, or aiter war has broken out. On the other hand, a former citizen of the Austro-Hungarian Monarchy, naturalized in the United States, who by, or after, his emigration has transgressed the legal provisions on military duty by any acts or omissions other than those above enu- merated in the clauses numbered one, two and three, can, on his return to his original country, neither be held subsequently to military serv- ice nor remain liable to trial and punishment for the non-fulfilment of his military duty. Article III. The convention for the mutual delivery of criminals, fugitives from justice, concluded on the 3d July, 1856, betiA^een the Government of the United States of America on the one part, and the Austro- Hungarian Monarchy on the other part, as well as the additional con- vention, signed on the 8th May, 1848, to the treaty of commerce and navigation concluded between the said Goi^ernments on the 27th of August, 1839 [1829], and especially the stipulations of Article 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 held as a citizen of the other State, shall not, on his return to his original country, be constrained to resume his former citizenship ; yet, if he shall of his own accord reacquire it, and renounce the citizenship obtained by naturalization, such a renunciation is allowable, and no fixed period of residence shall be required for the recognition of his recovery of citizenship in his original country. AUSTRIA-HUNGARY ISlO-lSll. 47 Article V. The prasent convention shall go into effect immediately on the ex- change of ratifications, and shall continue in force 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. xVrticle VI. The present convention shall be ratified by the President of the United States, by and with the consent of the Senate of the United States, and by His Majesty the Emperor of Austria, etc., King of Hungary, with the constitutional consent of the two Legislatures of the Austro-Hungarian Monarchy, and the ratifications shall be ex- changed at Vienna within twelve months from the date hereof. In faith whereof the Plenipotentiaries have signed this convention as well in German as in English, and have thereto affixed their seals. Done at Vienna the twentieth day of September, in the year of our Lord one thousand eight hundred and seventy, in the ninety-fifth year of the Independence of the United States of America, and in the twenty-second year of the reign of His Imperial and Eoyal Apostolic Majesty. [seal.] John Jay. [seal.] Beust. 1871. Trade-Mark Convention. Concluded November 25^ 1811; ratification advised by the Senate January 18, 1872; ratifed by the President January 27, 1872; rati- fications exchanged April 22, 1872; proclaimed June 1, 1872. Articles. I. Mutual protection of trade-marks. I III. Duration. II. Registration. I IV. Ratification. The United States of America and his Majesty the Emperor of Austria, King of Bohemia etc., and Apostolic King of Hungary, desiring to secure in their respective territories, a guarantee of prop- erty 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 Royal Apostolic Majesty ; and His Majesty the Emperor of Austria and Apostolic King of Hun- gary ; the Count Julius Andrassy of Csik Szent Kiraly and Kraszna Horka, His Majesty’s Privy Counsellor and Minister of the Imperial House and of Foreign Affairs, Grand Cross of the Order of St. Stephen, &c., &c., &c., who have agreed to sign the following articles. 48 TREATIES, CONVENTIONS, ETC. Article I. Every reproduction of trade-marks which in the countries or terri- tories of the one of the contracting parties are affixed to certain mer- chandize to jDi'ove its origin and quality is forbidden 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 pre- vent 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 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 countries or territories of the other of the two contract- ing parties. Article II. If the owners of trade marks, residing in the countries or terri- tories of the one of the contracting parties, wish to secure their rights in the countries or territories of the other of the contracting 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. Article III. The present arrangement shall take effect ninety days after the exchange of ratifications, and shall continue in force for ten years from this date. In case neither of the high contracting parties gives notice of its intention 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. In faith whereof the respective Plenipotentiaries have signed the present Convention as well in English as in German and Hungarian, and have affixed thereto their respective seals. Done at Vienna the twenty-fifth day of November, in the year of our Lord one thousand eight hundred and seventy-one, in the ninety- sixth year of the Independence of the United States of America, and in the twenty-third year of the reign of His Imperial and Royal Apostolic Majesty. [seal.] John Jay. [seal.] Andrassy. AUSTRIA-HUNGARY — 1907-1909. 49 1907. Copyright. BY THE PRESIDENT OF THE UNITED STA'TES OF AMERICA. A PROCLAMATION. AVliereas it is provided by section 13 of the act of Congress of March 3, 1891, entitled “An Act to amend title sixty, chapter three, of the Revised Statutes of the United States, relating to copyrights,” that said act “ shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on sub- stantially the same basis as its own citizens; or when such foreign state or nation is a party to an international agreement which pro- vides for reciprocity in the granting of copyright, by the terms of which agreement the United States of America may, at its pleasure, become a party to such agreement : ” And whereas it is also provided by said section that “ the existence of either of the conditions aforesaid shall be determined by the Presi- dent of the United States by proclamation made from time to time as the purposes of this act may require : ” And whereas satisfactory official assurances have been given that in Austria the law permits to citizens of the United States the benefit of copyright on substantially the same basis as to the citizens of that country : Now, therefore, I, Theodore Roosevelt, President of the United States of America, do declare and proclaim that the first of the con- ditions specified in section 13 of the act of March 3, 1891, is now fulfilled in respect to the subjects of Austria. In Testimony Whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this 20th day of Sep- tember, in the year of our Lord one thousand nine hun- [SEAL.] dred and seven, and of the Independence of the United States of America the one hundred and thirty-second. Theodore Roosevelt. By the President : Elihu Root Secretary of State. 1909. Arbitration Convention. Signed January 15., 1909; ratification advised hy the Senate January 20., 1909; ratified hy the President March 1909; ratifications exchanged at 'Washington May 13., 1909; Proclaimed May 18, 1909. Articles. I. Differences to be submitted. I III. Ratification ; duration. II. Special agreement. | The President of the United States of America and His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary, signatories of the Convention for the pacific settlement 24449 — VOL 1 — 10 4 50 TEEATIES, CONVENTIONS, ETC. of international disputes, concluded at The Hague on the 29th July, 1899; Taking into consideration that by Article 19 of that Convention the High Contracting Parties have reserved to themselves the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treat- ment, have resolved to conclude the following convention and for that purpose have appointed their Plenipotentiaries: The President of the United States of America, Elihu Koot, Secre- tary of State of the United States ; and His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary, Baron Ladislaus Hengelmiiller de Hen- gervar. Grand Cross of the Orders of Leopold and Francis Joseph, 3rd Class Knight of the Order of the Iron Crown, His Majesty’s Privy Counselor and Ambassador Extraordinary and Plenipoten- tiary to the United States of America ; WTio, after communicating to each other their respective full powers, found in good and due form, have agreed upon the following Articles : Article I. Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the High Contracting Parties, and which it may not have been possible to settle by diplo- macy, shall be referred to the Permanent Court of Arbitration estab- lished at The Hague by the Convention of the 29th July, 1899; pro- vided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the High Contracting Parties, and do not concern the interests of third Parties. Article II. In each individual case the High Contracting Parties, before ap- pealing to the Permanent Court of Arbitration, shall conclude a special Agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that such special agreements on the part of the United States will be made by the President of the United States by and with the advice and consent of the Senate thereof. Such agreements shall be binding only when confirmed by the governments of the High Contracting Parties by an exchange of notes. Article III. The present Convention shall be ratified by the High Contracting Parties, and the ratifications shall be exchanged as soon as possible at Washington. The present Convention shall remain in force for five years from the fifteenth day after the date of the exchange of the ratifications. In testimony whereof the respective Plenipotentiaries have signed this Convention and have affixed thereto their seals. Done in duplicate at Washington the 15th day of January, 1909. Elihu Eoot [seal] Hengelmuller [seal] BADEN. {See German Empire.) 1857. Extradition Convention. Concluded January 30, 1867; ratification advised hy the Senate March 12, 1857 ; ratified hy the President March 23, 1857 ; ratifications exchanged April 21, 1857 ; proclaimed May 19, 1857. Articles. I. Extraditable crimes; proceedings. IV. Duration. II. Persons not to be delivered. V. Ratification. III. Persons committing crimes in country where found. Whereas it is found expedient, for the better administration of jus- tice and the prevention of crime within the territories and jurisdic- tion 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 ot Baden do not allow its Government to surrender 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 Royal Highness the Grand Duke of Baden, having resolved to treat on this subject, have, for that purpose, ap- pointed their respective Plenipotentiaries to negotiate and conclude a convention ; that is to say : The President of the United States of America, Peter D. Vroom, Envoy Extraordinary and Minister Plenipotentiary of the United States at the Court of the Kingdom of Prussia ; and His Royal High- ness the Grand Duke of Baden, Adolph, Baron Marschall de Bieber- stein. His said Royal Highness’s Envoy Extraordinary 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 : Article I. It is agreed that the United States and Baden shall, upon mutual requisitions by them, or their ministers, officers, or authorities, re- spectively made, deliver up to justice all persons who, being charged 51 52 TREATIES^ CONVENTIONS, ETC. with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the fabrication or circula- tion of counterfeit money, whether coin or paper money, or the em- bezzlement of public moneys, committed within the jurisdiction of either party, shall seek an asylum, or shall be found within the terri- tories of the other : Provided.^ That this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offense had there been committed; and the respective judges and other magis- trates 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 persqn so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered ; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. Nothing in this article contained shall be construed to extend to crimes of a political character. Article II. Neither of the contracting jiarties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention. Article III. lAHienever 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 shall be found, such person shall not be delivered up under the stipulations of this con- vention 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 January, one thousand eight hundred and sixty; and if neither party shall have given to the other six months’ previous notice of its inten- tion then to terminate the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other of such intention; each of the high contracting parties reserving to itself the right of giving such notice to the other at any time after the expiration of the said first day of January, one thousand eight hundred and sixty. BADEN — 1857-1868. 53 Artici.e V. The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by the 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 convention, and have hereunto affixed their seals. Done in duplicate, at Berlin, the thirtieth day of January, one thousand eight hundred and fifty-seven, and the eighty-first year of the independence of the United States. [seal.] P. D. Vroow. [seal.] Adolph bar. Marschall de Bieberstein. 1868. Naturalization Convention. Concluded July 19, 1868; ratification advised hy the Senate April 12, 1869; ratified hy the President April 18, 1869; ratifications ex- changed December 7, 1869; proclaimed January 10, 1870. Articles. I. Requirements necessary. II. Liability for prior offenses. III. Former treaty continued. IV. Resumption of former citizenship. V. Duration. VI. Ratification. 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- ject, and have for that purpose appointed Plenipotentiaries; that is to say: The President of the United States of America, George Bancroft, Envoy Extraordinary and Minister Plenipotentiary from the said States near the Grand Duke of Baden; and His Royal Highness the Grand Duke of Baden, his President of the Ministry of the Grand- Ducal House and of Foreign Affairs and Chamberlain, Rudolph von Freydorf; \^o have agreed to and signed the following articles: Article I. Citizens of the Grand Duchy of Baden, who have resided uninter- ruptedly within the United States of America five years, and before, during, or after that time, have become or shall become naturalized citizens of the United States, shall be held by Baden to be American citizens, and shall be treated as such. Reciprocally, citizens of the United States of America, who have resided uninterruptedly within the Grand Duchy of Baden five years, and before, during, or after 54 TREATIES, CONVENTIONS, ETC. 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. Article II. A naturalized citizen of the one party, on return to the territory of the other party, remains liable to trial and punishment for an action punishable by the laws of his original country and committed before his emigration, saving always the limitation established by the laws of his original country, or any other remission of liability to punish- ment. In particular, a former Badener who, under the first article, is to be held as an American citizen, is liable to trial and punishment according to the laws of Baden for non-fulfillment of military duty — 1. If he has emigrated after he, on occasion of the draft from those owing military duty, has been enrolled as a recruit for service in the standing army. 2. If 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 ap- pearance, or after war has broken out. 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 enumerated in the clauses numbered one to three, can, on his return to his original country, neither be held sub- sequently to military service nor remain liable to trial and punishment for the non-fulfillment of his military duty. Moreover, the attach- ment on the property of an emigrant for non-fulfillment of his mili- tary duty, except in the cases designated in the clauses numbered one to three, shall be removed so soon as he shall prove his naturalization in the United States according to the first article. Article III. The convention for the mutual delivery of criminals, fugitives from justice, concluded between the Grand Duchy of Baden on the one part, and the United States of America on the other part, the thirtieth day of January, one thousand eight hundred and fifty-seven, remains in force without change. Article IV. The emigrant from the one State who, according to the first article, is to be held as a citizen of the other State, shall not on his return to his original country be constrained to resume his former citizenship; yet if he shall of his own accord reacquire it and renounce the citizen- ship 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. BADEN — 1868. 65 Article V. The present convention shall go into effect immediately on the ex- change of ratifications, and shall continue in force 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 remain in force until the end of twelve months after either of the contracting parties shall have given notice of such intention. Article VI. The present convention shall be ratified by His Royal Highness the Grand Duke of Baden, and by the President, by and with the advice and consent of the Senate of the United States, and the ratifications shall be exchanged at Carlsruhe as soon as possible. In faith whereof the Plenipotentiaries have signed and sealed this convention. C arlsruhe, the 19^A July, 1868. [seal.] [seal.] George Bancroft. V. Freydorf. BAVAKIA. {iSee German Empire.) 1845. Convention Abolishing Droit d’Aubaine and Taxes on Emigration. Concluded January 21, 181^5; ratification advised hy the Senate, with amendment, March 15, 181^5; ratified hy the President March 18, 18Jf5; ratifications exchanged November 4, 1845; py'oclaimed Au- gust 16, 1846. Articles. I. Taxes abolished. II. Disposal of real property. III. Disposal of personal property. IV. Protecting property of absent heirs. V. Disputes as to inheritances. VI. Emigration from Bavaria not af- fected. VII. Ratification. The United States of America and His Majesty the King of Bava- ria, having agreed, 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 pur- pose, their respective Plenipotentiaries, namely : The President of the United States of America has conferred full po-wers on Henry Wlieaton, their Envoy Extraordinary and Minister Plenipotentiary at the Royal Court of Prussia ; and His INIajesty the King of Bavaria, upon Count Maximilian von Lerchenfeld-Koefer- ing, his Chamberlain, Envoy Extraordinary and Minister Plenipo- tentiary at the Royal Prussian Court, Commander of the Royal Order of the Knights of St. George, of the Order for Merit in Civil Service of the Bavarian Crown, of St. Michael, Grand Cross of the Russian Imperial Order of St. Anne of the first class, of the Royal Prussian Order of the Red Eagle of the first class. Commander, Grand Cross of the Royal Swedish Order of the North Star, and Great Commander of the Royal 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: Article I. Every kind of droit d'^auhaine, droit de retraite, and droit de de- traction or tax on emigration, is hereby, and shall remain, abolished between the two contracting parties, their States, citizens and sub- jects, respectively. 56 BAVARIA — 1845. 57 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 of the land, descend on a citizen or subject of the other, were he not dis- qualified by alienage, such citizen or subject shall be allowed a term of two years to sell the same, which term may be reasonably pro- longed according to circumstances, and to withdraw the proceeds thereof, without molestation, and exempt from all .duties of detraction. Article III. The citizens or subjects of each of the contracting parties shall have power to dispose of their (real and®) 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 con- tracting party, shall succeed to their sakl (real and") 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, pay- ing such duties only as the inhabitants of the country where the said property lies shall be liable to pay in like cases. Article IV. In case of the absence of the heirs, the same care shall be taken pro- visionally of such real or personal property as would be 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, accord- ing to Article II., may take measures to receive or dispose of the in- heritance. Article V. If any dispute should arise between different claimants to the same inheritance, they shall be decided in the last resort according to the laws, and by the judges of the country where the property is situ- ated. Article VI. But this convention 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 Bavaria, to prevent the emigration of his subjects. Article VII. This convention is concluded subject to the ratification of the Presi- dent of the United States of America, by and with the advice and consent of their Senate, and of His Majesty the King of Bavaria, and the ratifications thereof shall be exchanged at Berlin within the term of fifteen months from the date of the signature hereof, or sooner if possible. “The words in parentheses are, in the original treaty, encircled in red ink. 58 TREATIES, CONVENTIONS, ETC. In witness whereof the respective Plenipotentiaries have signed the above articles, as well in English as in German, and have thereto affixed their seals. Done in quadruplicate, in the city of Berlin, on the twenty-first day of January, one thousand eight hundred and forty-five, in the sixty -ninth year of the independence of the United States of America, and the nineteenth of the reign of His Majesty the King of Bavaria. [seal.] Henry Wheaton, [seal.] Graf v. Lerchenfeld. 1853. Extradition Convention.® Concluded Septemher 12, 1853; ratification advised hy the Senate with an amendment July 12, 185 If.; ratified hy the President July 2Ji., 1854; ratif cations exchanged at London November 1, 1854; proclaimed November 18, 1854. Articles. I. Extraditable crimes ; proceedings. II. Accession of other German States. III. Persons not to be delivered. IV. Persons committing crimes in coun- try where found. V. Duration. VI. Ratification. The United States of America and His Majesty the King of Bava- ria, 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 com- munication between Europe and America facilitate the escape of offenders, and that, consequently, provision ought to be made in order that the ends of justice shall not be defeated, have determined to con- clude an arrangement destined to regulate the course to be observed in all cases with reference to the extradition of such individuals as, having committed any of the offenses hereafter enumerated, in one country, shall have taken refuge within the territories of the other. The constitution and laws of Bavaria, however, not allowing the Bavarian Government to surrender their own subjects for trial before a foreign court of justice, a strict reciprocity requires that the Gov- ernment of the United States shall be held equally free from any obligation to surrender citizens of the United States. For which purposes the high contracting powers have appointed as their Pleni- potentiaries : The President of the United States, James Buchanan, Envoy Extraordinary and Minister Plenipotentiary of the United States at the Court of the United Kingdom of Great Britain and Ireland ; His Majesty the King of Bavaria, Augustus Baron de Cetto, his said Majesty’s Chamberlain, Envoy Extraordinary and Minister Plenipo- tentiary at the Court of Her Majesty the Queen of the United King- dom of Great Britain and Ireland, Knight Commander of the Order for Merit of the Bavarian Crown and of the Order for Merit of St. « In I’e Thomas (12 Blatch., 370). BAVAEIA 1853. 59 Michael, Knight Grand Cross of the Koyal Grecian Order of our Saviour ; Who, after reciprocal communication of their respective full powers, found in good and due form, have agreed to the following articles : Article I. The Government of the United States and the Bavarian 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 cir- culation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, committed within the jurisdiction of either party, shall seek an asylum, or shall be found within the terri- tories of the other : Provided^ That this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offense had there been committed; and the respective judges and other magis- trates 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 respectively, to the end that the evidence of criminality may be heard and considered ; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. Article II. The stipulations of this convention shall be applied to any other State of the German Confederation which may hereafter declare its accession thereto. Article III. None of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention. Article IV. Whenever any person, accused of any of the crimes enumerated in this convention, shall have committed a new crime in the territories of the State where he has sought an asylum or shall be found, such per- son shall not be delivered up under the stipulations of this conven- tion until he shall have been tried and shall have received the punish- ment due to such new crime, or shall have been acquitted thereof. 60 TREATIES, CONVENTIONS, ETC. Article V. The present convention shall continue in force until the first of January, one thousand eight hundred and 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 parties shall have given notice to the other of such intention ; each of the high contracting parties reserving to itself the right of giving such notice to the other at any time after the expiration of the said first day of January, one thousand eight hundred and fifty eight. Article VI. The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by the Government of Bavaria, and the ratifications shall be ex- changed in London within fifteen months from the date hereof, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed this convention and have hereunto affixed their seals. Done in duplicate, in London, the twelfth day of September, one thousand eight hundred and fifty-three, and the seventy-eighth year of the independence of the United States. [seal.] James Buchanan. [seal.] a. de Cetto. 1868. Xatuealiz.\tion Treaty. Concluded May 26^ 1868; ratification advised hy the Senate June 29, 1868; ratified hy the President July 17, 1868; ratifications ex- changed Septemher 18, 1868; proclaimed October 8, 1868. Articles. I. Necessary requirements. IV. Resumption of former citizenship. II. Liability for prior offenses. V. Duration. III. Former convention continued. VI. Ratification. His Majesty the King of Bavaria and the President of the United States of America, led by the wish to regulate the citizenship of those persons who emigTate 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 and Minister Plen- ipotentiary ; MTio have agreed to and signed the following articles : BAVAEIA 1863. 61 Article I. Citizens of Bavaria who have become, or shall become, naturalized citizens of the United States of America, and shall have resided unin- terruptedly within the United States, for five years, shall be held by Bavaria to be American citizens, and shall be treated as such. Reciprocally, citizens of the United States of America who have become, or shall become, naturalized citizens of Bavaria, and shall have resided uninterruptedl,y 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 effect of naturalization. Article II. A naturalized citizen of the one party on return to the territory of the other party remains liable to trial and punishment for an action punishable by the laws of his original country, and committed before his emigration, saving always the limitation established bj^ the laws of his original country, or any other remission of liability to punish- ment. Article III. The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States on the one part, and Bavaria on the other part, the twelfth day of September, one thousand eight hundred and fifty-three, remains in force without change. Article IV. If a Bavarian, naturalized in America, renews his residence in Ba- varia. without the intent to return to America, he shall be held to have renounced his naturalization in the United States. Recipro- cally, if an American, naturalized in Bavaria, renews his residence in the United States, without the intent to return to Bavaria, he shall be held to have renounced his naturalization in Bavaria. 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. Article V. The present convention shall go into effect immediately on the exchange of 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 inten- tion. Article VI. The present convention shall be ratified by His Majesty the King of Bavaria and by the President, by and with the advice and consent 62 TREATIES, CONVENTIONS, ETC. of the Senate of the United States, and the ratifications 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 ‘2,y the Senate February 26, 186 If,' ratified hy the President March 5, 186 If.; ratif cations ex- changed June 21f., 186Jf; proclaimed November 18, 1861^. Articles. I. Tonnage, port, pilot dues. I III. Import duties. II. Salt. I IV. Capitalization of Scheldt dues. V. Duration ; ratification. The President of the United States of America on the one side. His Majesty the King of the Belgians on the other side, having deemed it advantageous to complete, by new stipulations the treaty of commerce and navigation entered into bt’" the United States and Belgium on the 17th day of July, 1858, have resolved to make a con- vention in addition to that arrangement, and have appointed for their Plenipotentiaries, namely : The President of the United States, Henry Shelton Sanford, a citizen of the United States, their Minister Resident near His Majesty the King of the Belgians; His Majesty the King of the Belgians, the Sieur Charles Rogier, Grand Officer of the Order of Leopold, deco- rated with the Iron Cross, Grand Cross of the Order of the Ernestine Branch of Saxony, of the Polar Star, of St. Maurice and St. Lazarus, of our Lady of the Conception of Villa Vicosa, of the Legion of Honor, of the White Eagle, &c., a member of the Chamber of Repre- sentatives, 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. From and after the day when the capitalization of the duties levied upon navigation in the Scheldt shall have been secured by a general arrangement : 1st. The tonnage dues levied in Belgian ports shall cease. “ The articles of this treaty uot transitory have been superseded by the treaty of 1875. \ 74 TREATIES, CONVENTIONS, ETC. 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. Article 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 Bel- gium for the transportation of salt. Article III. The tariff of import duties resulting from the treaty of the 1st of May, 1861, between Belgium and France, is extended to goods im- ported from 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 hun- dred 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 subse- quent treaties with other powers. Article IV. The United States, in view of the proposition made by Belgium to regulate, by a common accord, the capitalization of the Scheldt dues, consents to contribute to this capitalization under the following con- ditions : a. The capital sum shall not exceed thirty-six millions of francs. T). Belgium shall assume for its part one-third of that amount. c. The remainder shall be apportioned among the other States, fro 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 appro- priation. In either event, the interest shall commence to run on the date of the first of April, eighteen hundred and sixty-four, above mentioned. BELGIUM 1863. 75 The Government of the United States reserves the right of antici- pating the payment of the projiortion of the United States. The above-mentioned 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. Article V. The Articles I. and IV. of the present additional convention shall be perpetual; and the remaining articles shall, together with the treaty of commerce and navigation made between the high contract- ing parties on the seventeenth of July, eighteen hundred and fifty- eight, have the same force and duration as the treaties mentioned in Article III. The ratifications thereof shall be exchanged with the least possible 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 Ma}'^, eighteen hundred and sixty-three. [seal.] H. S. Sanford. [seal.] Ch. Rogier. 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 become the object of fai’ther stipulations, and it having been imprac- ticable to complete in season the examination of the said stipulations, it is agreed that the Belgian Government will continue thajt examina- tion 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 hun- dred and sixty-three. H. S. Sanford. Ch. Rogier. 1863. C0NI"ENTI0N FOR THE EXTINGUISHMENT OF THE ScHELDT DuES. Concluded July 20, 1863; ratification advised hy the Senate February 26, 186 J/.; ratified by the President March 5, 186 ratifications exchanged June 21^, 186 If ; proclaimed November 18, 1861^. Articles. I. Scheldt dues extinguished. II. Declaration by King of Belgium. III. Tonnage and other dues. IV. Payment by the United States. V. Execution. VI. Application. VII. Eatification. 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 76 TREATIES, CONVENTIONS, ETC. 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 Sanford, a citizen of the United States, their Minister Resident to His Majesty the King of the Belgians; and His Majesty the King of the Belgians, Mr. Charles Rogier, Grand Officer of the Order of Leo- pold, decorated with the Iron Cross, &c., &c., &c., his Minister of Foreign Affairs; 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 Netherlands, which will remain annexed to the present treaty, and by 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 tlie capital sum of the redemption 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 sixty- three, to the Plenipotentiaries of the high contracting 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 aii}^ manner the other provisions of the treaty of the nineteenth of April, eighteen hundred and thirty-nine, which declara- tion shall be considered inserted in the present treaty, to which it shall remain also annexed. Article II. His Majesty the King of the Belgians makes, for what concerns him, the same declaration as to that which is mentioned in the second paragraph of the preceding article. Article III. It is well understood that the tonnage dues suppressed in Belgium, in conformity with the convention of the twentieth of May, eighteen hundred sixty-three, cannot be re-established, and 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. BELGIUM 1863. 77 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 by the high contract- ing parties to the convention of the twentieth May, eighteen hundred and sixty-three. Article V. The execution of the reciprocal engagements contained in the pres- ent treaty is made subordinate, in so far as is necessary, to the for- malities and rules established by the constitutional laws of the high contracting parties. Article VI. It is well understood, that the provisions of Article III. will only be obligatory with respect to the State which has taken part in, or those which shall adhere to, the treaty of this day, the King of the Belgians reserving to himself expressly the right to establish the manner of treatment as to fiscal and customs regulations of vessels belonging to States which shall not be parties to this treaty. Article VII. The present treaty shall be ratified, and the ratifications thereof shall be exchanged at Brussels with the least possible delay. In faith whereof the respective Plenipotentiaries have signed the same in duplicate, and affixed thereto their seals. Done at Brussels, the twentieth day of July, eighteen hundred and sixty-three. [seal.] H. S. Sanforu. [seal.] Ch. Rogier. [Translation.] Treaty of May 12, 1863, between Belgium, and the N eiherlands,^ annexed to the treaty of July 20, 1863. His Majesty the King of the Belgians and His Majesty the King of the Xetherlands, Grand Duke of Luxemburg, having come to an agreement upon the conditions of the redemption, by capitalization, of the dues established upon the navigation of the Scheldt and of its mouths, by paragraph three of the ninth article of the treaty of the 19th April. 1839, have resolved to conclude a special treaty on this subject, and have appointed for their Plenipotentiaries: His Majesty the King of the Belgians, M. Aldephonse Alexander Felix, Baron du Jardin, Commander of the Order of Leopold, deco- rated with the Iron Cross, Commander of the Lion of the Nether- lands, 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 78 TEEATIES, CONVENTIONS, ETC. Netherlands. His Majesty the King of the Netherlands, M. Paul Van der Maesen de Sombre ff, Chevalier Grand Cross of. the Order of the Nichan Iftihar of Tunis, his Minister of Foreign Affairs; M. .lean Eudolphe Thorbecke, Chevalier Grand Cross of the Order of the Lion of the Netherlands, Grand Cross of the Order of Leopold of Bel- gium, 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 - sum of 17,141,640 florins of Holland, the dues levied upon the navi- gation of the Scheldt and of its mouths, by virtue of pai’agi'aph three of Article IX. of the treaty of 19th April, 1839. Article II. This sum shall be paid to the Government of the Netherlands by the Belgian Government, at Antwerji, or at Amsterdam, at the choice of the latter, the franc calculated at 47J cents of the Netherlands, as follows: One-third immediately after the exchange of ratifications, and the two other thirds in three equal installments, payable on the 1st May. 1864, 1st May, 1865, and 1st May, 1866. The Belgian Govermnent may anticipate 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 Nether- lands. 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 bound, in what concerns the Scheldt, by treaties in force. Article V. The pilotage dues now levied on the Scheldt are reduced 20 per cent, for sailing vessels, 25 per cent, for towed vessels, and 30 per cent, for 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 possible. BELGIUM 1863. 79 In faith whereof the Plenipotentiaries above named have signed the same and affixed their seals. Done at the Hague, the 12th May, 1863. [l. s'.] Baron du Jardin. • [l. s.] P. Van Der Maesen de Sombreff. [l. s.] Thorbecke. [l. s.] Betz. [Translation. ] Protocol of July 15, 1863, annexed to the treaty of J%dy 20, 1863. The undersigned Plenipotentiaries, having come together in con- ference 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 12th 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 re- sponse to this invitation, and made the following declaration : “ The undersigned. Envoy Extraordinary and Minister Plenipo- tentiary of His Majesty the King of the Netherlands, declares, in virtue of the special powers which have been delivered to him, that the extinguishment 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 pro- visions of the treaty of the 19th April, 1839.” [l. s.] Baron Gericke d’Heravynen. Brussels, July 15, 1863.” Note has been taken and record made of this declaration, which shall be inserted in or annexed to the general treaty. Done at Brussels, the 15th July, 1863. Baron Gericke d’Herwynen. Baron de Hugel. J. T. DO Amaral. M. Carvallo. P. Bille Brahe. D. CoELLO DE Portugal. H. S. Sanford. Malaret. Howard de Walden et Seaford. Von Hodenberg. Cte. de Montalto. Man. Yrigoyen. Vte. de Seisal. Savigny. Orloff. Adalbert Mansbach. C. Musurus. Geffcken. Ch. Rogier. Bn. Lambermont. L. S.] >. S.] A. s.] A. s.] A. s.] A. s.] A. s.] A. s.] A. s.] A. s.] A. s.] A. s.] A. s.] A. s.] A. s.] A. s.] A. s.] A. s.] A. s.] A. s.] 80 TREATIES, CONVENTIONS, ETC. 1868. Naturalization Convention. Concluded November 16^ 1868; ratification advised by the Senate April 12, 1869; ratified by the President April 18, 1869; ratifi- cations exchanged July 10, 1869; proclaimed July 30, 1869. Articles. I. Recognition of naturalization. II. Liability for prior offenses. III. Exemption from military service. IV. Resumption of former citizenship. V. Duration VI. Ratification. , 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 Belgium, and from Belgium to the United States of America, have resolved to make a Convention on this subject, and have appointed for their Plenipotentiaries, namely : The President of the United States of America, Henry Shelton Sanford, a citizen of the United States, their Minister Eesident 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; IVho, 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 natu- ralized in Belgium will be considered by the United States as citi- zens of Belgium. Eeciprocally, Belgians who may or who 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 misdemeanors committed before naturalization, saving to them 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 embodied military or naval service, or those that may be assimilated thereto by the laws of that country. Article IY. Citizens of the United States naturalized in Belgium shall be con- sidered by Belgium as citizens of the United States when they shall BELGIUM — 1868. 81 have recovered their character as citizens of the United States, according to the laws of the United States. Reciprocally, Belgians naturalized in the United States shall be considered as Belgians by the United States when they shall have recovered their character as Belgians according to the laws of Belgium. Article V. The present convention shall enter into execution immediately after the exchange of ratifications, and shall remain in force for 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 ter- minate the same, it shall continue in 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 His Majesty the King of the Belgians, with the consent of Par- liament ; 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.] H. S. Sanford. [seal.] Jules Vander Stichelen. 1868.“ Convention Concerning the Rights, Privileges, and Immt’nities OF Consuls. Concluded December -5, 1868; ratification advised by the Senate April 12^ 1869; ratifed by the President April 18, 1869; ratif cations ex- changed July 8, 1869; proclaimed March 7, 1870. Articles. I. Liberty to appoint consuls. 11. Exequatur. III. Exemption from arrest. IV. Evidence. V. Arms and flags. VI. Archives. VII. Acting consuls. VIII. Vice-consuls and consular agents. IX. Applications to governments; authorities. X. Depositions. XI. Authority as to shipping. XII. Deserters from ships. XIII. Settlement of damages at sea. XIV. Salvage. XV. Estates of deceased persons. XVI. Duration. The President of the United States of America and His Majesty the King of the Belgians, recognizing the utility of defining the “ This treaty was terminated January 1, 1880, on notice given by the Belgian Government. Ex parte Van Hoven (4 Dill. 411) ; In re stupp (12 Blatch. 501) ; In re Wildenhns (28 Fed. Rep. 924). 24449— VOL 1—10 6 82 TREATIES, C0XVE:XTI0NS, ETC. rights, privileges and iinniunities of consular officers in the two coun- tries, 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 Sanford, a citizen of tlie United States, their Minister Resident 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 projier form, have agreed upon the following articles : Article I. Each 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 officers. This reservation, however, shall not apply to one of the high contracting parties without also apply- ing to every other power. Article II. Consular officers, on the presentation of their commissions in the forms established in their respective countries, shall be furnished with the necessary exequatur free of charge, and on the exhibition of this instriunent they shall be permitted to enjoy the rights, preroga- tives and immunities granted by this convention. Article III. Consular officers, citizens 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 punishes 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, Avho are merchants or OAvners of property. Article IY. No consular officer who is a citizen of the State by which he was appointed, and Avho is not engaged in business, shall be compelled to appear as a Avitness before the courts of the country Avhere he may reside. When the testimony of such a consular officer is needed, he shall be invited in writing to appear in court, and if unable to do so, his testimony shall be requested in writing, or be taken orally, at his dwelling or office. It shall be the duty of said consular officer to comply with this request Avithout any delay Avliich can be aAmided. In all criminal cases, contemplated by the sixth article of the amendments to the Constitution of the United States, whereby the right is secured to persons charged with crimes to obtain witnesses BELGIUM — 1868. 83 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. Aeticle 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-Con- sulate, 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, und^er any pretext, invade 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. VTien, 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-Consuls and Consular Agents, their chancellors or 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 Belgium, may temporarily exercise their func- tions, 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, with the approbation of their respective Governments, appoint Vice-Consuls and Consular Agents in the cities, ports and places within their consular jurisdiction. These officers may be citizens of the United States, of Belgium, or other foreigners. They shall be furnished with a commission by the Consul who appoints them, and under whose orders they are to act. They shall enjoy the privileges stipulated for consular officers in this convention, subject to the exceptions specified in Articles III. and IV. Article IX. Consuls-General, Consuls, Vice-Consuls and Consular Agents may complain to the authorities of the respective ccuntries, whether fed- eral or local, judicial or local, judicial or executive, within their con- ' sular district, of any infraction of the treaties and conventions between the United States and Belgium, or for the purpose of pro- tecting the rights and interests of their countrymen. If the com- plaint 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. 84 TREATIES, CONVE^’TTONS, BTC. Article X. Consiils-General, Consuls, Vice-Consuls and Consular Agents may take at their offices, at the residence of the i^arties, 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 of their nation. They may also I’eceive at their offices, conformably to the laAvs and regulations of their country, all contracts betiveen the citizens of their country and the citizens or other inhabitants of the country where they reside, and eA'en all contracts betAveen the latter, provided they relate to property sit- uated or to business to be transacted in the territory of the nation to Avhich said consular officer may belong. Copies of such papers and official documents of eA^ery kind, Avhether in the original, copies or translation duly authenticated and legalized by the Consuls-General, Consuls, Vice-Consuls and Consular Agents, and sealed Avith their official seal, shall he receiA’ed as legal documents in courts of justice throughout theTJnited States and Belgium. Article XI. Consuls-General, Consuls, Vice-Consuls and Consular Agents shall haA^e exclusive charge of the internal order of the merchant vessels of their nation, and shall alone take cognizance of differences Avhich may arise, either at sea or in jiort, betAveen the captains, officers and creAA’s, Avithout exception, particularly in reference to the adjustment of Avages and the execution of contracts. Xeither the federal, state or municipal authorities or courts in the United States, nor any court or authority in Belgium shall, on any pretext, interfere in these differences. Article XII The respective Consuls-General, Consuls, Vice-Consuls and Con- sular Agents may arrest the officers, sailors and all other persons making part of the creAv of ships of Avar or merchant A’essels of their nation who may be guilty, or be accused of haA'ing deserted said ships and A^essels, 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 consuls of Belgium in the United States may apply in writing to either the federal, state or municipal courts or authorities, and make a request in Avriting for the deserters, supporting it by the exhibition of the register of the A’essel and list of the creAv, or by other official docu- ments, to show that the persons claimed belong to the said crew. Upon such request alone, thus supiiorted, and without the exaction of any oath from the consular officers, the deserters, not being citi- zens of the country Avhere the demand is made at the time of their shipping, shall be giA’en up. All the necessary aid and protection shall be furnished for the search, pursuit, seizure, and arrest of the deserters, Avho shall even be put and kept in the prisons of the coun- try, at the request and expense of the consular officers, until there may be an op]iortunity for sending them away. If, lioweA^er, such an opi^ortunity should not present itself Avithin the space of three BELGIUM 1868. 85 months, counting from the day of the arrest, the deserter shall be set at liberty, nor shall he be again arrested for the same cause. Article XIII. In the absence of an agreement to the contrary between the owners, freighters and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter port voluntarily or are forced by stress of weather, shall be settled by the Consuls General, Con- suls, A^ice-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, respectively, and, until their arrival, by the respective Consular xVgents, wherever an agenej'^ exists. In the places and ports where an agency does not exist, the local authorities, until the arrival of the Consul in whose district the wreck may have occurred, and who shall immediately be informed of the occurrence, shall take all necessary measures for the protection of persons and the preservation of property. The local authorities shall not otherwise interfere than for the maintenance of order, the jorotec- tion of the interests of the salvors, if they do not belong to the crews that have been wrecked, and to carry into effect the arrangements made for the entry and exportation of the merchandise saved. It is understood that such merchandise is not to be subjected to any custom-house charges, unless it be intended for consumption in the country where the wreck may have taken place. Article XV. In case of the death of any citizen of the United States in Belgium, or of a citizen of Belgium in the United States without having any known heirs or testamentary executor by him appointed, the compe- tent local authorities shall inform the Consuls or Consular Agents of the nation to which the deceased belongs of the circumstance, in order that the necessary information may be immediately forwarded to parties interested. Article XVI. The present convention shall remain in force for the space of ten years, counting from the day of the exchange of the ratifications, which shall be made in conformity with the respective constitutions of the two countries, and exchanged at Brussels within the period of six months, or sooner if possible. In case neither party gives notice, twelve months after the expiration of the said period of ten years, of its intention not to renew this convention, it shall remain 86 TREATIES, CONVENTIONS, ETC. in force one year longer, and so on from year to year, until the ex- jiiration of a year from the day on which one of the parties shall have given such notice. In faith whereof the respective PlenijDotentiaries have signed this convention, and have hereunto affixed their seals. Done at Brussels, in duplicate, the fifth day of December, eighteen hundred and sixty-eight. [seal.] H. S. Sanford. [seal.] , Jules Vander Stichelen. Protocol additional to the C onvention signed December -5, 1868.° The Plenipotentiaries of the President of the United States and of His Majesty the King of the Belgians, foreseeing that the exchange of ratifications cannot be made within the delay prescribed, by rea- son of circumstances independent of the will of the high contracting parties, have met this day, and have agreed to prolong the delay for two months. Done at Brussels, the 1st of June, 1869. [seal.] Jules Vander Stichelen. [seal.] H. S. Sanford. 1868.'’ Additional Article to Treaty of July 17, 1858, Concerning Trade- Marks. Concluded December 20., 1868; ratification advised by the Senate April 12., 1869 ; ratified by the President April 18, 1869; ratifica- tions exchanged June 19, 1869; proclaimed July 30, 1869. Additional article: Counterfeiting; registration, etc. The President of the United States of America and His Majesty the King of the Belgians, deeming it advisable that there shoukl be an additional article to the treaty of commerce and navigation between them of the 17th July, 1858, have for this purpose named as their Plenipotentiaries, namely : The President of the United States, Henry Shelton Sanford, a citizen of the United States, their Minister Resident 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, have agreed to and signed the following : ° The Senate of the United States, by its resolution of March 2, 1870. advised and consented to the exchanges of ratifications which had previously been made. ® This treaty terminated July 1, 1875. BELGIU M — 1868-1874. 87 Additional Article. The high contracting parties, desiring to secure complete and effi- cient protection to the manufacturing industry of their respective citizens, agree that any counterfeiting in one of the two countries of the trade-marks affixed in the other on merchandise to show its origin and quality, shall be strictly prohibited, and shall give ground for an action of damages in favor of the injured party, to be prosecuted in the courts of the country in which the counterfeit shall be proven. The trade-marks in which the citizens of one of the two countries may wish to secure the right of property in the other, must be lodged, to wit : the marks of citizens of the United States at Brussels, in the Office of the Clerk of the Tribunal of Commerce; and the marks of Belgian citizens at the Patent Office in Washinglon. It is understood that if a trade-mark has become public property in the country of its origin it shall be equally free to all in the other country. This additional article shall have the same duration as the before mentioned treaty of the 17th of July, 1858, to which it is an addition. The ratifications thereof shall be exchanged in the delay of six months, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the same, and affixed thereto their seals. Done at Brussels, in duplicate, the 20th of December, 1868. [seal.] H. S. Sanford. [seal.] Jltles Vander Stichelen. 1874.“-® Extradition Convention. Concluded March 19^ 187 Jj.; ratification advised hy the Senate March 27, 1874; ratifed hy the President March 31, 1874; ratif cations exchanged April 30, 1874; proclaimed May 1, 1874~ Articles. I. Delivery of accused. II. Extraditable crimes. III. Political offenses. lY. Nondelivery of citizens. Y. Deferring extradition. YI. Procedure. YII. Expenses. YIII. Duration ; ratification. The United States of America and His Majesty the King of the Belgians having judged it expedient with a view to the better admin- istration of justice, and to the prevention of crimes within their respective territories and jurisdiction that persons convicted of, or charged with, the crimes hereinafter specified, and being fugitives from justice should, under certain circumstances, be reciprocally de- livered up, have resolved to conclude a Convention for that purpose, “ This treaty was terminated November 18, 1882, on the exchange of ratifica- tions of the treaty of 1882. * Federal Cases, Ex parte Van hauer (4 Dill,, 411), In re Stupp (12 Blatch., 501), In re Vandervelpen (14 Blatch., 137). 88 TREATIES, CONVENTIONS, ETC. :nul have appointed as their Plenipotentiaries; the President of the United States of America, Hamilton Phsh, Secretary of State of the United States; and His Majesty the King of the Belgians, Maurice Delfosse, His Majesty's Envoy Extraordinary and Minister Plenipo- tentiary in the 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. The Government of the United States and the Government of Bel- gium mutually agree to deliver up persons, who having been con- victed of, or charged with any of the crimes specified in 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 be done upon such evidence of criminality as according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her appre- hension and commitment for trial, if the crime had been there com- mitted. Article II. Persons shall he 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 the crimes designated in the Belgian penal-code by the terms of parricide, assassination, poisoning and infanticide. 2. The attempt to commit murder. 8. 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 act 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 act of feloniously and forcibly taking from the person of another, goods or money by violence or putting him in fear, and the corresponding crimes pun- ished by the Belgian laws under the description of thefts committed in an inhabited house by night, and by breaking in by climbing or forcibly ; and thefts committed with violence or by means of threats. 5. The crime of forgery, by which is understood the utterance of forged papers, and also the counterfeiting of public, sovereign or government acts. 6. The fabrication or circulation of counterfeit money either coin or paper, or of counterfeit public bonds, bank notes, obligations or, in general, anything being a title or instrument of credit ; the coun- terfeiting of seals, dies, stamps and marks of state and public admin- istrations, and the utterance thereof. 7. The embezzlement of public moneys committed within the juris- diction of either party by public officers or depositaries. 8. Embezzlement liy any person or persons, hired or salaried, to the detriment of their employers when the crime is subject to punish- ment by the laws of the place where it was committed. BELGIUM 1874. 89 Article III. The provisions of this treaty shall not apply to any crime or of- fence of a political character nor to any crime or offence committed prior to the date of this treat3L except the crimes of murder and arson, and the person or persons delivered np for the crimes enumer- ated in the preceding article shall in no case be tried for any crime committed previously to that for which his or their surrender is asked. Article IV. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Convention. Article V. If the person whose surrender maj' be claimed pursuant to the stip- ulations of the present treaty shall have 'been arrested for the com- mission of offences in the countrv ivhere he has sought an as\dum, or shall have been convicted thereof, his extradition may be deferred until he shall have been acquitted, or have served the term of impris- onment to which he mai' have been sentenced. Article VI. Requisitions for the surrender of fugitives from justice shall be made bj' the respective diplomatic agents of the contracting parties, or, in the event of the absence of these from the 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 attesta- tion of the official character of the judge bi^ 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. AVhen, however, the fugitive shall have been merelj^ 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 accom- pany the requisition as aforesaid. The President of the United States, or the proper executive authority in Belgium, may then issue a waTrant 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 the law and the evidence, the extradition is due pursuant to the treatiL the fugitive may be given up according to the forms prescribed in such cases. Article VII. The expenses of the arrest, detention and transportation of the per- sons claimed shall be paid by the government in whose name the requisition has been made. 90 TREATIES, CONVENTIONS, ETC. Article VIII. This Convention shall take effect twenty days after the day of the date of the exchange of ratifications, and shall continue in force during five years from the day of such exchange ; but if neither pai’ty shall have given to the other six months’ previous notice of its inten- tion to terminate the same, the Convention shall remain in force five 3^ears longer, and ‘so on. The present Convention shall be ratified, and the ratifications ex- changed at Brussels so soon thereafter as possible. In witness whereof the respective Plenipotentiaries have signed the present Convention in duplicate, and have thereunto affixed their seals. Done at the city of Washington, the 19th day of March, Anno Domini one thousand eight hundred and sevent^’-four. [seal.] _ Hamilton Fish. [seal.] ' Maurice Delfosse. 1875. Treaty of Commerce and Navigation. C onclvded March 8, 1875; ratification advised hy the Senate March 10, 1876 ; ratified hy the President March 16, 1875; ratifications ex- changed, June 11, 1876; proclaimed June 29, 1875. Articles. I. Freedom of commerce and navi- gation. II. Duties payable by Belgian ves- sels. III. Duties payable by Fnited States vessels. IV. Coasting trade. V. Import duties. VI. Export duties. VII. Premiums, drawbacks, etc. VIII. Fisheries excluded. IX. Nationality of vessels. X. Cargoes for other countries. XI. Warehousing. XII. Most favored nation privileges. XIII. Shipwrecks. XIV. Transit duty. XV. Trademarks. XVI. Duration. XVII. Ratification. 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 for- mal manner their reciprocal relations of commerce and navigation, and further to strengthen, through the development of their, interests, respectively, the bonds of friendship and good understanding so hap- pily established between the Governments and people of the two countries ; and desiring with this view to conclude, by common agree- ment, a treaty establishing conditions equalH advantageous to the commerce and navigation of both States, have to that effect appointed as their Plenipotentiaries, namely : the President of the United States, Hamilton Fish, Secretary of State of the United States; and His Majesty the King of the Belgians Maurice Delfosse, Commander of the Order of Leopold, &c., &c., his Envoy Extraordinary and Min- ister Plenipotentiary in the United States; who, after having com- BELGIUM 1875. 91 municated to each other their full powers, ascertained to be in good and proper form, have agreed to and concluded the following articles: Article I. There shall be full and entire freedom of commerce and navigation between the inhabitants of the two countries, and the same security and protection which is enjoyed by the citizens or subjects of each country shall be guaranteed on both sides. The said inhabitants, whether established or temporarily residing within any ports, cities or places whatever of the two countries, shall not, on account of their commerce or industry, pay any other or higher duties, taxes or im- posts than those which shall be levied on citizens or subjects of the country in which they may be ; and the privileges, 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 United States, whatever may be their destination, any other or higher duties of tonnage, pilotage, anchorage, buoys, light-houses, clearance, bro- kerage or, generally, other charges, whatsoever, than are required from vessels of the United States in similar cases. This provision ex- tends, 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, what- ever may be its designation. Article III. Reciprocally, vessels of the United States, whether coming from a port of said States or from a foreign port, shall not pay, either on entering or leaving the ports of Belgium, whatever may be their des- tination, any other or higher duties of tonnage, pilotage, anchorage, buoys, light-houses, clearance, brokerage or, generally, other charges whatever, than are required from Belgian vessels, in similar cases. This provision extends not only to duties levied for the benefit of the State, but also to those levied for the benefit of provinces, cities, coun- tries, districts, townships, corporations or any other division or juris- diction, whatever may be its designation. Article IV. As regards the coasting trade between the ports of either country, the vessels of the two nations shall be treated on both sides on the same footing with the vessels of the most favored nations. Article V. Objects of any kind soever introduced into the ports of either of the two States under the flag of the other, whatever may be their origin and from what country soever the importation thereof may 92 TREATIES, CONVEXTIOIsS, ETC. have been made, shall not pa}^ other or higher entrance duties, nor shall be subjected to other charg'es or restrictions than they would pay, or be subjected to, were they imported under the national flag. Article VI. Articles of every description exported by Belgian vessels, or by those of the United States of America from the ports of either country to any country whatsoever, shall be subjected to no other duties or formalities than such as are required for exportation under the flag of the country where the shipment is made. Article VII. All premiums, drawbacks or other favors of like nature, which may be allowed in the States of either of the contracting parties upon goods imported or exported in national vessels, shall be likewise and in the same manner, allowed iqion goods imported 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 whatsoeA^er. Article VIII. The preceding article is, lioweA^er, not to apply to the importation of the produce of the national fisheries; each of the two parties re- serving to itself the faculty of granting special privileges for the importation of those articles under its oavii flag. Article IX. The high contracting parties agree to consider and to treat as Bel- gian vessels, and as vessels of the United States, all those which being provided by the competent authority with a passport, sea-letter, or any other sufficient document, shall be recognized, conformably with existing laws, as national A^essels in the country to which they respec- tii^ely belong. Article X. Belgian vessels and those of the United States may, conformably with the laws of the two countries, retain on board, in the ports of both, such parts of their cargoes as may be destined for a foreign country; and such parts shall not be subjected, either while they remain on board or upon re-exportation, to anA' charges whatsoever, other than those for the preA^ention of smuggling. Article XI. During the period alloAved by the laws of the two countries respec- tively for the Avarehousing of goods, no duties, other than those of Avatch and storage, shall be levied upon articles brought from either country into the other Avhile 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 im- ported under the flag of the country. BELGIUM 1875. 93 Article XII. In all that relates to duties of customs and navigation, the two high contracting parties promise, reciprocally, not to grant any favor, privilege or immunity to any other State which shall not instantly become common to the citizens and subjects of both parties respec- tively; gratuitously, if the concession or favor to such other State is gratuitous, and on allowing the same compensation, or its equivalent, 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 im- ported 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. In case either of the high contracting parties shall announce to the other its desire to terminate this Article, the operation and the obli- gation thereof shall cease and determine at the expiration of one year from the delivery of such notice, leaving however the remaining articles of the Treaty in force until terminated according to the pro- visions of Article XVI. hei'einafter. Article XIII. 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 protection and the same immunities which would have been granted to its own vessels in similar cases. 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. Keciprocally, articles of all kinds, the transit of which is allowed in Belgium, coming from or going to the United States, shall be ex- empt from all transit duty in Belgium. Such transit, whether , in the United States or in Belgium, shall be subject, however, to such limitations as to the points between Avhich 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 undej' the authority of the laws of the countries respectively. Article XV. The high contracting parties, desiring to secure complete and effi- cient protection to the manufacturing industry of their respective citizens, agree that any counterfeiting in one of the two countries of the trade-marks affixed in the other on merchandise, to show its origin and quality, shall be strictly prohibited, and shall give ground for an action of damages in favor of the injured party, to be prosecuted in the courts of the country in which the counterfeit shall be proven. The trade-marks in which the citizens of one of the two countries may wish to secure the right of property in the other, must be lodged. 94 TREATIES, CONVENTIONS, ETC. to wit: the marks of citizens of the United States, at Brussels, in the office of the Clerk of the Tribunal of Commerce; and the marks of Belgian citizens, at the Patent Office in Washington. It is understood that if a trade-mark has become public property in the country of its origin, it shall be equally free to all in the other country. Article XVI. The present treaty shall be in force during ten years from the date of the exchange of the ratifications, and until the expiration of twelve months after either of the high contracting parties shall have announced to the other its intention to terminate the operation thereof; each party reserving to itself the right of making such dec- laration 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 prolongation accorded on both sides, this treaty and all its stipula- tions shall cease to be in force. Article XVII. This treaty shall be ratified, and the ratifications shall be ex- changed at Brussels within the term of nine months after its date, or sooner if possible. In faith whereof, the respective Plenipotentiaries have signed the present treaty in duplicate, and have affixed thereto their seals al Washington, the eighth day of March eighteen hundred and seventy- five. [seal.] Hamilton Fish. [seal.] Mavrice Deleosse. 1880.“ Consular Convention. Concluded March 9, 1880; ratif cation advised hy the Senate with amendments June 15, 1880; ratified hy the President June 25, 1880; time for exchange of ratifications extended hy the Senate January 5, 1881; ratif cations exchanged February 25, 1881; pro- claimed March 1, 1881. Articles. I. OflBcers authorized. II. Privileges. III. Exemptions. IV. Testimony by consular officers. V. Arms and flags. VI. Inviolability of consulates. VII. Acting officers. VIII. Vice-consuls and consular agents. IX. Applications to local authorities. X. Performance of notarial acts. XI. Authority as to shipping. XII. Deserters from ships. XIII. Settlement of damages at sea. XIV. Shipwreck proceedings. XV. Estates of deceased persons. XVI. Duration : ratification. The President of the United States of America and His Majesty the King of the Belgians, being mutually desirous of defining the rights, privileges and immunities of consular officers in the two coun- “ Wildenhus Case (120 V. S. Rep.. 1). BELGIUM — 1880. 95 tries, deem it expedient to conclude a consular convention for that purpose, and have accordingly named as their plenipotentiaries : The President of the United States, William Maxwell Evarts, Sec- retary of State; and His Majesty the King of the Belgians, Maurice Delfosse, Commander of the Order of Leopold, &c., &c., his Envoy Extraordinary and Minister Plenipotentiary in the United States; who, after having communicated to each other their respective full powers, found to be in good and proper form, have agreed upon the following articles : Article I. Each 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 officers. This reservation, however, shall not apply to one of the high contracting parties without also applying 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 reciprocally, in the States of the other, all the privileges, exemptions and immuni- ties 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 enjoyment of the immunities thereto pertaining, shall present their commissions in the forms es- tablished in their respective countries. The government of each of the two high 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. Article III. Consuls-General, Consuls, Vice-Consuls and Consular Agents, citi- zens of the State by which they are appointed, shall be exempt from preliminary arrest except in the case of offences which the local legis- lation 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 likewise be exempt from all direct taxes, national, state or municipal, imposed upon persons, either in the nature of capitation tax or in respect to their property, unless such taxes become due on account of the pos- session 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 cir- cumstances. Article IV. WTien a court of one of the two countries shall desire to receive the judicial declaration or deposition of a Consul-General, Consul, Vice- Consul or Consular Agent, who is a citizen of the State which ap- 96 TREATIES, CONVENTIONS, ETC. pointed him, and who is engaged in no commercial business, it shall request him, in Avriting. to appear before it, and in case of his inabil- ity 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 I’equest with as little delay as possible. In all criminal cases, contemplated by the sixth article of the amendments 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 the consuls of the United States in Belgium, in the like cases. Article V. Consuls-General, Consuls, Vice-Consuls and Consular Agents may place over the outer door of their offices the arms of their nation, with this inscription: Considate-Generul, or Consulate^ or Vice-Cgnsulate, or Consular Agency of the United States or of Belgium. 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 countr}" OA’er 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 au- thorities shall not, under any pretext, invade them. In no case shall they examine or seize the papers there deposited. In no case shall those offices be used as places of asylum. When 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, incajiacity or absence of Consuls-General, Consuls, Vice-Consuls and Consular Agents, their chancellors or sec- retaries, Avhose official character may have previously been made knoAvn to the Department of State at Washington, or to the ^linistry for Foreign Aflfairs in Belgium, may temporarih^ exercise their func- tions, and Avhile 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 coun- try alloAY, Avith the approbation of their respective governments, ap- point vice-consuls and consular agents in the cities, ports and places Avithin their consular jurisdiction. These agents may be selected from among citizens of the United States or of Belgium, or those of other countries. They shall be furnished with a regular commission, and shall enjoy the privileges stiimlated for consular officei’s in this coiiA^ention, subject to the exceptions "siiecified in Articles III. and IV. BELGIUM — 1880. 97 Article IX. Consnls-General, Consuls, Vice-Consuls and Consular Agents, shall have the right to address the administrative and judicial authorities, whether in the United States, of the Union, the States or the munici- palities, or in Belgium, of the State, the province 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 Belgium, and for the purpose of protecting the rights and interests of their countrymen. If the complaint should not be satisfactorily redressed, the consular officers afoi*esaid, in the ab- sence 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 of the parties, 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 con- 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 original, in copies, or in translation, duly authenticated and legalized by the Consiils-General, Consuls, Vice-Consuls and Consular Agents, and sealed with their official seal, shall be received as legal documents in courts of justice throughout the United States and Belgium. Article XI. The respective Consuls-General, Consuls, Vice-Consuls and Con- sular Agents shall have exclusive charge of the internal order of the merchant vessels of their nation, and shall alone take cognizance of all differences which may arise, either at sea or in port, between the cap- tains, 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 the 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 country or not belong- ing 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 im- prisonment of any person whose name is inscribed on the crew-list, whenever, for any cause, the said officers shall think proper. 24449— VOL 1—10 7 98 TREATIES, CONVENTIONS, ETC. Article XII. The respective Consiils-General, Consuls, Vice-Consuls and Con- sular Agents may cause to be arrested the officers, sailors, and all other persons making part of the crews, in any manner whatever, of ships of w^ar 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 this end they shall address the competent local authorities of the respective coun- tries, 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 persons claimed belong to the said ship’s company. Upon such request alone thus supported, the delivery to them of the deserters 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 protection shall be furnished for the pursuit, seizure and ar- rest 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. how- ever, 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 be again 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. Article XIII. In the absence of an agreement to the contrary between the owners, freighters and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter jiort voluntaril}^ or are forced by stress of weather, shall be settled by the Oonsuls-General, Con- suls, Vice-Consuls and Consular Agents of the respective countries. If, however, any inhabitant of the country or citizen or subject of a third jiower, 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 vessels of the United States wrecked upon the coasts of Belgium, and of Belgian 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 consular agents, wherever an agency exists. In the places and ports where an agency does not exist, the local authorities, until the arrival of the consul in whose district the wreck may have occurred, and who shall be imme- diately informed of the occurrence, shall take all necessary measures BELGIUM — 1880. 99 for the protection of persons and the preservation of wrecked property. The local authorities shall not otherwise interfere than for the maintenance 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 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. 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. Article XV. In case of the death of any citizen of the United States in Belgium, or of a citizen of Belgium in the United States, without having any known heirs or testamentary executor by him appointed, the compe- tent 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 proceed- ings on behalf of the absent or minor heirs, or creditors, until they are duly represented. Article XVI. The present convention shall remain in force for the space of ten years, counting from the day of the exchange of the ratifications, which shall be made in conformity with the respective constitutions of the two countries, and exchanged at Washington as soon as possible within the period of six months. 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 one year longer, and so on from year to year, until the expiration of a a year from the day on which one of the parties shall have given such notice. In faith whereof, the respective Plenipotentiaries have signed this convention, and have hereunto affixed their seals. Done at Washington, in duplicate, the ninth of March, one thou- sand eight hundred and eighty. [seal.] [seal.] William Maxwell Evarts. Maurice Delfosse. 100 TREATIES, CONVENTIONS, ETC. 1883.“ Extradition Convention. Concluded June IB^ 1882; rati-fication advised hy the Senate August 8, 1882; ratified hy the President November 16^ 1882; ratifications exchanged November 18, 1882; proclaimed November 20, 1882. Articles. I. Delivery of accused. II. Extraditable crimes. III. Offense for which to be tried. IV. Political offenses. V. Nondelivery of citizens. VI. Deferring extradition. VII. Procedure. VIII. Expenses. IX. liiinitations. X. Articles in possession of accused. XI. Duration ; ratification. The United States of America and his Majesty the King of the Belgians, having judged it expedient with a view to the better ad- ministration of justice and the prevention of crime within their re- spective territories and jurisdictions, that persons charged with or convicted of the crimes and offences hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a new Convention for that purpose, and have appointed, as their Plenipotentiaries : the President of the United States, Frederick T. Frelinghuysen, Secre- tary of State of the United States; and His Majesty the King of the Belgians, Mr. Theodore de Bounder de Melsbroeck, Commander of His Order of Leopold, etc., etc.. His Envoy Extraordinary and Minister Plenipotentiary 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 and con- cluded the following articles: Article I. The Government of the United States and the Government of Belgium, mutually agree to deliver up jiersons who, having been charged, as principals or accessories, with or convicted of any of the crimes and offences specified in 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 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, Avould 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 the crimes designated in the Belgian penal code by the terms of parricide, assassination, poisoning and infanticide. “ This treaty was terminated June 14, 1902, on the exchange of ratifications of the treaty of 1901. BELGIUM 1882. 101 2. The attem{)t to commit murder. 3. Eape, 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 by vio- lence against the commander. • 6. The crime of burglary, defined to be the act of breaking and entering by night into the house of another with the intent to com- mit felony ; and the crime of robbery, defined to be the act of feloni- ously and forcibly taking from the person of another money or goods by violence or putting him in fear; and the corresponding crimes punished by the Belgian laws under the description of thefts com- mitted in an inhabited house by night, and by breaking in by climb- ing or forcibly, 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 governmental acts. 8. 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 instru- ment of credit ; the counterfeiting of seals and dies, impressions, stamps and marks of state and public administrations, and the utter- ance thereof. 9. The embezzlement of public moneys committed within the juris- diction of either party by public officers or depositaries. 10. Embezzlement by any person or persons, hired or salaried, to the detriment of their employers, when the crime is subject to pun- ishment by the laws of the place where it was committed. 11. Wilful and unlawful destruction or obstruction of railroads which endangers human life. 12. Reception of articles obtained by means of one of the crimes or offences 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 conviction, shall not be tried or punished in the country to which his extradition has been granted, nor given up to a third power for a crime or offence, not provided for by the present convention and committed previously to his extra- dition, until he shall have been allowed one month to leave the coun- try after having been discharged ; and, if he shall have been tried and condemned to punishment, he shall be allowed one month after hav- ing suffered his penalty or having been pardoned. He shall moreover not be tried or punished for any crime or offence provided for by this convention committed previous to his extra- dition, other than that which gave rise to the extradition, without the consent of 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. 102 TREATIES, CONVENTIOKS, ETC. The consent of that Government shall likewise be required for the extradition of the accused to a third counti\y ; nevertheless such con- sent shall not be necessary 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 terri- tory of the country to whi(^i he has been surrendered. Article IV. The provisions of this convention shall.not be applicable to persons guilty of any political crime or offence or of one connected with such a crime or offence. A person who has been surrendered on account 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 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 com- prises the act either of murder or assassination, or of 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 convention. Article VI. If the person whose surrender may be claimed pursuant to the stipulations of the present treaty shall have been arrested for the 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 impris- onment 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 parties, or, in the event of the absence of these from the 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 or offence, a copy of the sentence of the court in which he may have been convicted, authenticated under its seal, and attestation of the official 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 Belgium, respectively, shall accompany the requi- sition. When, however, the fugitii'e shall have been merely charged with crime, a duly authenticated copy of the warrant for his arrest in BELGIUM 1882. 103 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 author- ity in Belgium, 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, ac- cording 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 lUII. The expenses of the arrest, detention and transportation of the persons claimed shall be paid by the government in whose name the requisition has been made. Article IX. Extradition shall not be granted, in pursuance of the provisions of this convention, if legal proceedings or the enforcement of the pen- alty 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 ob- tained through the commission of the act with which he is charged, or that may be used as evidence of the crime for which his extradi- tion 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 neverthe- less be respected. Article XI. The present convention shall take effect thirty days after the ex- change 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 con- vention 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 at Wash- ington 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.] Fredk. T. Frelinghuysen. [seal.] Thre. de Bounder de Melsbroeck. 104 TREATIES, CONVENTIONS, ETC. 1884. Trade-Mark Convention. Concluded Afril 7, 188 J^; ratification advised hy the Senate June 12, 1881^; ratified hy the President Jidy 7, 1881^; ratifications exchanged July 7, 188 'proclaimed July 9, 1884. Articles. I. Mutual protection. I III. Duration ; ratification. II. Requirements. | The President of the United States of America and His Majesty the King of the Belgians, being desirous of securing reciprocal pro- tection for the trade-marks and trade-labels of their respective citi- zens or subjects within the dominions or territories of the other coun- try, have resolved to conclude a Convention for that purpose, and have appointed as their plenipotentiaries: The President of the United States, Frederick T. Frelinghuysen, Secretary of State of the United States; and His Majesty the King of the Belgians, Theo- dore de Bounder de Melsbroeck, Commander of His Order of Leo- pold, His Majesty’s Envoy Extraordinary and Minister Plenipoten- tiary in the 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 trade-marks 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 marks the protection provided for by the foregoing article, the citizens of each one of the contracting parties shall be required to fulfil 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 the twelve months following the notice, given by either of the contract- ing parties, of its desire for the cessation of its effects. The ratifications of this Convention shall be exchanged at Wash- ington as soon as possible within one 37^ear from this date. 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. BELGIUM — 1884-1891. 105 Done at Washington the seventh day of April, in the year of our Lord, one thousand eight hundred and eighty-four. [seal.] Fredk. T, Frelinghuysen. [seal.] Thre. de Bounder de Melsbroeck. 1891. Copyright. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas it is provided by section 13 of the act of Congress of March 3, 1891, entitled “An Act to amend title sixty, chapter three, of the Revised Statutes of the United States, relating to copyrights,” that said act “ shall only apply^ to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on sub- stantially the same basis as its own citizens; or when such foreign state or nation is a party to an international agreement which pro- vides for reciprocity in the granting of copyright, by the terms of which agreement the United States of America may, at its pleasure, become a party to such agreement : ” And whereas it is also provided by said section that “ the existence of either of the conditions aforesaid shall be determined by the Presi- dent of the United States by proclamation made from time to time as the purposes of this act may require And whereas satisfactory official assurances have been given that in Belgium, France, Great Britain and the British possessions, and Switzerland, the law permits to citizens of the United States the benefit of copyright on substantially the same basis as to the citizens of those countries: Now, therefore, I, Benjamin Harrison, President of the United States of America, do declare and proclaim that the first of the con- ditions specified in section 13 of the act of March 3, 1891, is now fulfilled in respect to the citizens or subjects of Belgium, France, Great Britain, and Switzerland. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this first day of July, one thousand eight hundred and ninety-one, and of the Inde- [SEAL.] pendence of the United States the one hundred and fifteenth. By the President: William F. Wharton, Acting Secretary of State. Benj. Harrison. 106 TREATIES, CONVENTIONS, ETC. 1901. Extradition Convention. Concluded October 36, 1901 ; ^^ati-fication advised by Senate January 30, 1903; ratified by President June 13, 1903; ratifications ex- changed June III; 1903; 'proclaimed June ll, 1903. Articles. I. Delivery of accused. II. Extraditable crimes. III. Offense for which to be tried; third countries. IV. Political offenses. V. Nondelivery of citizens. VI. Deferring extradition. VII. Procedure. VIII. Expenses. IX. Limitations. X. Articies in pos.session of accused. XI. Ratification ; duration. The United States of America and His Majesty the King of the Belgians, having judged it expedient with a view to the better admin- istration of justice and the prevention of crime within their respective territories and jurisdictions that persons charged with or convicted of the crimes and offences hereinafter enumerated, and being fugi- tives from justice, should, under certain circumstances, be recipro- cally delivered up, have resolved to conclude a new Convention for that purpose and have appointed as their Plenipotentiaries ; The President of the United States John Hay, Secretary of State of the United States; and His Majesty the King of the Belgians, Mr. Charles C. lYauters, Charge d’Affaires ad interim of Belgium near the Govern- ment of the United States; Who, after having communicated to each other their respective ^ full powers, found in good and due form, have agreed upon and con- cluded the following articles: Article I. The Government of the United States and the Government of Belgium mutually agree to deliver up persons who, having been charged, as principals or accessories, with or convicted of any of the crimes and offences specified in 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 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 the crimes designated in the Belgian penal code by the terms of parricide, assassination, poisoning and infanticide. 2. The attempt to commit murder. BELGIUM 1901. 107 3. Eape, or attempt to commit rape. Bigamy. Abortion. 4. Arson. 6. Piracy, or mutiny on shipboard whenever the crew, or part thereof, shall have taken possession of the vessel by fraud or by vio- lence against the commander. 6. Larceny; the crime of burglary, defined to be the act of break- ing and entering 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 violence or putting him in fear; and the corresponding- crimes punished by the Belgian laws under the description of thefts committed in an inhaliited house by night, and by breaking in by climbing or forcibly, 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 governmental acts. 8. 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 instru- ment of credit ; the counterfeiting of seals and dies, impressions, stamps, and marks of State and imblic administrations, and the utter- ance thereof. 9. The embezzlement of public moneys committed within the juris- diction of either party by public officers or depositaries. 10. Embezzlement by any person or persons hired or salaried to the detriment of their employers, when the crime is subject to punish- ment by the laws of the place where it was committed, and the amount of money or the value of the property embezzled is not less than two hundred dollars or one thousand francs. 11. AVilful and unlawful destruction or obstruction of railroads which endangers human life. 12. Obtaining money, valuable securities or other property by false pretences, w-hen such act is made criminal by the laws of both coun- tries and the amount of money or the value of the property fraudu- lently obtained is not less than two hundred dollars or one thousand francs. 13. Kidnapping of minors. 14. Reception of articles obtained by means of one of the crimes or offences 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 punished in the country to which his extradition has been granted, nor given up to a third power for a crime or offence, not provided for by the present convention and committed previously to his extradi- tion, until he shall have been allowed one month to leave the country after having been discharged ; and, if he shall have been tried and condemned to punishment, he shall be allowed one month after hav- ing suffered his penalty or having been pardoned. 108 TREATIES, CONVENTIONS, ETC. He shall moreover not be tried or punished for any crime or offence provided for by this convention committed previous to his extradi- tion, other than that which gave rise to the extradition, without the consent of the Government which surrendered him, which may, if it think proper, require the production of one of the documents men- tioned in Article VII of this convention. The consent of that Government shall likewise be required for the extradition of the accused to a third country ; nevertheless, such con- sent shall not be necessary 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 offence or of one connected with such a crime or offence. A person who has been surrendered on account 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 account of a political crime or offence committed by him previously to his extradition or on ac- count 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 com- prises the act either of murder or assassination, or of 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 convention. Article VI. If the person whose surrender may be claimed pursuant to the stip- ulations of the present treaty shall have been arrested for the com- mission 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 imprison- ment to Avhich 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 parties, or, in tiie event of the absence of these from the 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 or oflfence, a copy of the sentence of the court in which he may have been convicted authenticated under its seal, and BELGIUM 1901. 109 attestation of the official character of the judge by the proper execu- tive authority, and of the latter by the minister or consul of the tJnited States or of Belgium, respectively, shall accompany the requisition. IVhen, 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. It shall be lawful for any competent judicial authority of the United States, upon production of a certificate issued by the Secre- tary of State stating that a request has been made by the Government of Belgium for the provisional arrest of a person convicted or ac- cused of the commission therein of a crime or offence extraditable under the provisions of this convention, and upon complaint duly made that such crime or offence has been so committed, to issue his warrant for the apprehension of such person. But if the demand for surrender, with the formal proofs hereinbefore mentioned, be not made as aforesaid by the diplomatic agent of the demanding govern- ment, or, in his absence, by the competent consular officer, within forty days from the date of the commitment of the fugitive, the pris- oner shall be discharged from custody. And the Government of Belgium will, upon request of the Govern- ment of the United States, transmitted through the diplomatic agent of the United States, or, in his absence, through the competent con- sular officer, secure in conformity with law the provisional arrest of persons convicted or accused of the commission therein of crimes or offences extraditable under this convention. But if the demand for surrender, with the formal proofs hereinbefore mentioned, be not made as aforesaid by the diplomatic agent of the demanding govern- ment, or, in his absence, by the competent consular officer, within forty days from the date of the commitment of the fugitive, the pris- oner shall be discharged from custody. Article VIII. The expenses of the arrest, detention, examination and delivery of fugitives under this convention shall be borne by the State in whose name the extradition is sought ; Provided, that the demanding gov- ernment shall not be compelled to bear any expense for the services of such officers of the government from which extradition is sought as receive a fixed salary ; and provided that the charge for the services of such public officials as receive only fees shall not exceed the fees to which such officials are entitled under the laws of the country for services rendered in ordinary criminal proceedings. Article IX. Extraditions shall not be granted, in pursuance of the provisions of this convention, if legal proceedings or the enforcement of the pen- alty for the act committed by the person claimed has become barred by limitation, according to the laws of the country to which the requi- sition is addressed. 110 TREATIES, CONVENTIONS, ETC. Article X. All articles found in the possession of the accused party and ob- tained through the commission of the act with which he is charged, or that may be used as evidence of the crime for which his extradi- tion 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 neverthe- less be respected. Article XI. The present convention shall take effect thirty days after the exchange of ratifications. After it shall have taken effect, the convention of June 13, 1882, shall cease to be in force and shall be superseded by the present con- vention 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 ratification shall be exchanged at Wash- ington 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 hereunto affixed their seals. Done, in duplicate, at the City of Washington this 26 day of Octo- ber 1901. John Hav [seal.] Wauters. [seal.] DECLARATION The Senate of the United States, by its resolution of January 30, 1902, having given its advice and consent to the ratification of the extradition treaty between the United States and Belgium, signed at AVashington on October 26, 1901, with the following amendment : In Article II insert after the word “committed” the following: “ and the amount of money or the value of the property embezzled is not less than two hundred dollars or one thousand francs,” and the said amendment being acceptable to the Government of Belgium, the undersigned Plenipotentiaries before proceeding with the exchange of ratifications of the said treaty, and being duly authorized, have agreed to the following: Extradition may not be granted for the offenses enumerated in paragraph 10, Article II, or the said treaty unless “the amount of money or the value of the property embezzled is not less than two hundred dollars or one thousand francs.” The present declaration shall have the same force and duration as the Extradition Treaty of which it forms an integral part. Done in duplicate at Washington, the sixth day of June, 1902. John Hay Secretary of State of the United States of America. BELGIUM — 1905. Ill 1905. Protection of Trade-Marks in China. Agreement effected hy exchange of notes November ^7, 1905. November 27, 1905. Mr. Charge d’affaires and dear Colleague: The Government of the United States being desirous of reaching an understanding with the Government of Belgium for the reciprocal protection against infringement in China by citizens of our respective nations of trade marks duly registered in the United States and Belgium, I am author- ized by the Secretary of State of the United States to inform you that efectual provision exists in American Consular Courts in China for the trial and punishment of all persons subject to the jurisdiction of the United States who may be charged with and found guilty of infringing in any way trade marks of persons subject to the jurisdic- tion of Belgium which have been duly registered in the United States. I beg that you will kindly inform me whether American citizens are entitled to the same legal remedies in the Consular Courts of Belgium in China as regards the protection from infringement of their trade marks duly registered in Belgium. I have the honor to be, my dear Colleague, Your obedient servant, W. W. Rockhill. Mr. DE Prelle de la Nieppe, etc.., etc.., etc. [Translation.] November 27, 1905. Mr. Minister : I have had the honor of receiving Your Excellency’s note of this date regarding the mutual protection of Belgian and American trade marks in China. It is stated in this communication that the Government of the United States of America has given such instructions to the American Consular Courts as are sufficient to insure the legal protection of trade marks the property of Belgian subjects which have been duly registered in the United States. While acknowledging to Your Excellency the receipt of this com- munication I have the honor to inform you that the Royal Govern- ment in like manner guarantees in the Chinese Empire the protection of American trade marks duly registered in Belgium, if counterfeited by Belgian subjects. The Royal Legation and the Consulates, Vice-Consulates and Con- sular Agencies in China ai’e competent to take cognizance of actions brought before them in the matter. I have informed our Consular representatives in China of the agree- ment arrived at between Belgium and the United States of America which is set forth by this interchange of correspondence between us. I avail myself of this occasion to present to Your Excellency the assurance of my high esteem. Edm. de Prelle. His Excellency W. W. Rockhill, etc.., etc.., etc. 112 TREATIES, CONVENTIONS, ETC. Peking, January 32, 1906. Mr. Minister and dear Colleague: In connection with the notes which I had the honor to exchange with Your Excellency on Novem- ber 27, 1905, looking to the reciprocal protection from infringement by our respective nationals in China of trade marks belonging to them I duly transmitted copies of the same to my Government. In reply the Secretary of State has called to my attention, as pos- sibly misleading, the use made in my note to you of the word “ pun- ishment ” by our Consular Courts in China of American citizens who may have infringed in China trade marks the property of persons under the jurisdiction of Belgium. In view of the fact that there is no statute in the United States making the infringement, counterfeiting, etc. of a trade mark a criminal offense, and that effectual provision exists by a civil action for damages by the owner of a trade mark, my Government is of the opinion that the word “ punishment ” should be understood to refer to a civil action only, and not to a criminal procedure, as might be inferred from the use of the word in question without the present explanation added thereto. I beg leave to 'call Your Excellency’s attention to the above pro- vision of our law, so that nothing in my note of November 27, last, may be construed as conflicting therewith. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. AY. AAk Rockhill. To His Excellency Edmond de Prelle de la Nieppe, etc., etc., etc. BOLIVIA. (Bolivia and Peru; also Peru-Bolivia. Page 1375.) 1858. Treaty of Peace, Friendship, Commerce, and Navigation. Concluded May 13^ 1858; ratification advised with amendments hy the Senate June 26, I860;' amendments proposed hy Constituent Assembly of Bolivia consented to hy the Senate and time for ex- change of ratifications extended February 3, 1862; ratified hy the President February 17, 1862; ratifications exchanged November 9, 1862; proclaimed January 8, 1863. Articles. I. Mutual amltj’. II. Most favored nation clause. III. Freedom of trade; coasting trade; travel. IV. Tonnage charges. V. Nationality of Bolivian ships. VI. Import and export duties. VII. Liberty to trade. VIII. Steam vessels in Bolivia. IX. Asylum of ports, etc. X. Assistance to shipwrecks. XI. Captures by pirates. XII. Property of decedents. XIII. Protection to citizens. XIV. Religious freedom. XV. Freedom of navigation. XVI. Neutral rights ; free ships, free goods. XVII. Contraband of war. XVIII. Commerce permitted in case of war. XIX. Delivery of contraband articles. XX. Blockade. XXI. Visitation and search. XXII. Proof of nationality in case of war. XXIII. Vessels under convoy. XXIV. Adjudication of prizes. XXV. Letters of marque forbidden. XXVI. Navigation of the Amazon and I.a Plata. XXVII. Tributaries of the Amazon and La Plata. XXVIII. Rights of citizens in case of war. XXIX. Confiscation forbidden. XXX. Privileges to diplomatic and consular officers. XXXI. Consular officers authorized. XXXII. Exequaturs. XXXIII. Consular exemptions. XXXIV. Deserters from ships. XXXV. Agreement for consular con- vention. XXXVI. Duration ; effect, etc., of treaty; ratification. The United States of America and the Eepublic of Bolivia, desir- ing 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 friendship, commerce and navigation. For this most desirable object the President of the United States of America has conferred full powers on John W. Dana, a citizen of the said States, and their Minister Resident to the said Republic; and the President of the Republic of Bolivia on the citizen Lucas Mendosa de la Tapia, Secretary of State in the Department of Exterior Relations and Public Instruction ; 24449— VOL 1—10 8 113 114 TREATIES, CONVENTIONS, ETC. 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 friendship between the United States of America and the Republic of Bolivia, in all the extent of their possessions and territories, and between their people and citizens respectively, without distinction of persons or places. Article II. If either party shall hereafter grant to any other nation, its citi- zens or subjects, any 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 compen- sation 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 and is common to the other party forthwith, it is declared that, in what pertains to the navigation of rivers, this treaty shall only apply to concessions which the Government may authorize for navigating fluvial streams which do not present obstructions ; that is to say, those whose navigation may be naturally plain and current without there having been need to obtain it by the employ- ment of labor and capital ; that by consequence there remains reserved the right of the Bolivian Government to grant privileges to any association or com- pany, as well foreign as national, which should undertake the navigation of those rivers from which, in order to succeed, there are difliculties to be over- come, such as the clearing out of rapids, &c., &c.] Article III. The United States of America and the Republic of Bolivia mutu- ally agree that there shall be reciprocal liberty of commerce and navigation between their respective territories and citizens. The citizens of either republic may frequent with their vessels all the coasts, ports and places of the other where foreign commerce is per- mitted, 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, 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 paid by native citizens. No examinaCion or inspection of their books, papers, or accounts, shall be made without the legal order of a compe- tent tribunal or judge. “Amendment by the Senate accepted by Bolivia. BOLIVIA — 1858. 115 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 contracting parties — the regu- lation of such navigation and trade being reserved respectively by the parties according to their own separate laws. Vessels of either country shall, however, be permitted to discharge part of their car- goes at one port, open to foreign commerce, in the territories of either of the high contracting parties, paying only the custom-house duties upon that portion of the cargo which may be discharged, and to pro- ceed 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 per- mitted 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 vessels, 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 Unitecl States in their own vessels, may be also imported in vessels of the Republic of Bolivia ; and 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 all kinds of produce, manufactures and merchandise of any foreign country that can be, from time to time, lawfully importecl into the Republic of Bolivia in its own ves- sels, whether in her ports upon the Pacific or her ports upon the trib- utaries of the Amazon or La Plata, may be also imported in vessels of the United States ; and no higher or other duties upon the tonnage of the vessel and her cargo shall be levied or collected, whether the importation be made in vessels of the one country or of the other. And they agree that what may be lawfully exjiorted or re-exported from the one country in its own vessels, to any foreign country, may, in like manner, be exported or re-expoi’ted in the vessels of the other country; and the same bounties, duties and drawbacks shall be al- lowed and collected, whether such exportation or re-exportations be made in vessels of the United States or of the Republic of Bolivia. In all these respects the vessels and their cargoes of the one country, in the ports of the other, shall also be on an equal footing with those of the most favored nation. It being further understood that these 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. 116 TREATIES, CONVENTIOXS, ETC. Article V. For the better understanding- of the preceding article, and taking into consideration the actual state of the commercial marine of the Republic of Bolivia, it is stipulated and agreed that all vessels be- longing exclusively to a citizen or citizens of said Republic, and whose cajjtain is also a citizen of the same, though the construction or the crew are or may be foreign, shall be considered, for all the ob- jects of this treaty, as a Bolivian vessel. Article VI. No higher or other duties shall be imj^osed on the importation into the United States of any articles, the produce or manufactures of the Republic of Bolivia, and no higher or other duties shall be im- posed on the importation into the Republic 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 manufactures 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 Republic of Bolivia, respec- tively, than such as are payable on the exportation of the like articles 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 Republic of Bolivia, to or from the territories of the United States, or to or from the terri- ories of the Republic of Bolivia, 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 either country, to man- age themselves their own business, in all the ports and places sub- ject to the jurisdiction of the other, as well with respect to the con- signment and sale of their goods and merchandise, 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 counti\y in which they reside, or at least to be placed on a footing with the citizens or subjects of the most favored nation. Article A^III. The Republic 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 estab- lish a line of steam-vessels to navigate regularly between the differ- ent 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 baggage and money, carrying the jiublic mails, establishing depots for coal, erecting the necessary machine and work shops for repair- ing and refitting the steam- vessels, and all other favors enjoyed by any other association or company whatsoever of the same character. BOLIVIA 1858. 117 It is furthermore understood between the two high contracting parties that the steam-vessels of either shall not be subject, in the ports of the other party, to any duties of tonnage, harbor, or other similar duties whatsoever than those that are or may be paid by any other association or company. Article IX. inienever 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 or of war, through stress of weather, pursuit of pirates or enemies, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships and placing themselves in a situation to continue their voyage without obstacles or hinderance of any kind. And the provisions of this article shall apply to privateers or pri- vate vessels of war as well as public, until the two high contracting parties may relinquish the right of that mode of warfare, in con- sideration of the general relinquishment of the right of capture of private property upon the high seas. Article X. IVlien any vessel belonging to the citizens of either of the con- tracting parties shall be wrecked, or shall suffer any damages in the .seas, rivers or channels, within the dominions of the other, there shall be given to them 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 ves- sel, if necessary, of its merchandise and effects, without exacting fojr it any duty, impost, or contribution whatever. Artict.e XI. All the ships, merchandise, 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 the high seas, and may be carried or found in the rivers, roads, bays, ports or domin- ions of the other, shall be delivered up to the owners, they proving, in due form, their rights before the competent tribunals; it being well understood that the claim should be made within the term of one year, by the parties themselves, their attorneys, or agents of their respective Governments. Article XII. The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament or otherwise, and their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ah intestato^ and they may take pos- session thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such duties only as the in- habitants 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 118 TREATIES, CONVENTIONS, ETC. would be prevented from entering into the possession of the inheri- tance on account of their character of aliens, there shall be granted to them the 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 their special protection to the persons and property of the citi- zens of each other, of all occupations, who may be in the territories subject to the jurisdiction of the one or the other, transient or dwell- ing 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 em- ploy, in defense of their rights, such advocates, solicitors, notaries, agents and factors as they may judge proper, in all their trials at law ; and such citizens or agents shall have free opportunity to be present at the accusations and sentences of the tribunals in all cases which may concern them; and likewise at the taking of all examina- tions and evidence which may be exhibited on the said trials, in the manner established by the laws of the country. If the citizens of one of the contracting parties, in the territory of the other, engage in internal political questions, they shall be subject to the same meas- ures 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 of conscience in the countries subject to the jurisdiction of the one or the other, without being disturbed or molested on account of their religious opinions, provided they respect the laws and estab- lished 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 bj^ the local authorities. Article XV. It shall be lawful for the citizens of the United States of America, and of the Eepublic of Bolivia, to sail with their ships, with all manner of liberty and security, no distinction being made who are the proprietors of the merchandises laden thereon, from any port to the places of those who now are, or hereafter shall be, at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with their shiiis and merchandises 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. BOLIVIA — 1858. 119 Article XVI. The two high contracting parties recognize as permanent and im- mutable 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 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 contraband of war. The like neutrality shall be extended to persons who are on board a neutral ship with this effect, that although they may be enemies to both or either party, they are not to be taken out of that ship unless they are officers or soldiers, and in the actual service of the enemies. The contracting parties engage to apply these principles to the com- merce and navigation of all such powers and States as shall consent to adopt them as permanent and immutable. Article XVII. This liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only which are distinguished by the name of contraband of war, and under this name shall be compre- hended : 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. Article XVIII. All other merchandises and things not comprehended in the articles of contraband explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free and lawful com- merce, 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 particular, it is declared that those places or ports only are besieged or block- aded which are actually attacked by a belligerent force capable of preventing the entry of the neutral. Article XIX. The articles of contraband before enumerated and classified which may be found in a vessel bound to an enemy’s port shall be subject to detention and confiscation, leaving free the rest of the cargo and the 120 TREATIES, CONVENTIONS, ETC. ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain or supercargo of said vessel will deliver up the arti- cles 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 judgment 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 be- sieged, blockaded or invested, it is agreed that every vessel so cir- cumstanced may be turned away from such port or place, but shall not be detained ; nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from any officer commanding a vessel of the blockading forces, they shall again attempt to enter ; but she shall be permitted to go to any other port or place she shall think proper. Nor 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 reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. Article XXT. In order to prevent all kinds of disorder in the visiting and exam- ination of the ships and cargoes of both the contracting parties on the high seas, they mutually agree that whenever a vessel of war shall meet with a neutral of the other contracting party, the first shall remain at a convenient distance, and may send its boats with two or three men only ; in order to execute the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence or ill-treatment for which the command- ers of the said armed ships shall be responsible with their persons and property ; for which purpose the commanders of private armed ves- sels 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 his papers, or for any other purpose whatever. Article XXII. To avoid all kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to the citi- zens of the two contracting parties, they agree that, in case one of them should be engaged in war, the ships and vessels belonging to the citizens of the other must be furnished with sea-letters or pass- ports, expressing the name, property and bulk of the ships, as also BOLIVIA- — 1858. 121 the name and place of habitation of the master and commander of said vessel, in order that it may thereby appear tliat said ship truly belongs to the citizens of one of the parties ; they likewise agTee that such ships being laden, besides the said sea-letters or passports, shall also be provided with certificates, containing the several particulars of the cargo, and the place whence the ship sailed, so that it may be known whether any forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the place whence the ship sailed in the accustomed form; without such requi- sites said vessels may be detained, to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall prove to be owing to accident, and supplied by testimony entirely equivalent. Article XXIII. It is further agreed that the stipulations above expressed, relative to the visiting and examination of vessels, shall apply only to those which sail Avithout convoy ; and when said A^essels shall be under con- Amy, the verbal declaration of the commander of the convoy, on his word of honor, that the A^’essels under his protection belong to the nation whose flag he carries, and, when they are bound to an enemy’s port, that they have no contraband goods on board, shall be sufficient. Article XXIV. It is further agreed that in all cases the established courts for prize causes in the country to which the prizes may be conducted shall alone take cognizance of them ; and wheneA^er such tribunals of either party shall pronounce judgment against any A^essel, 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 haA^e 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 Avithout any delay, he paying the legal fees for the same. Article XXV. Xo citizen of the Eepublic of Bolivia shall 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 citi- zens, 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 United States, or any of them, take any commission or letters of marque for arming any ship or ships to act as priA^ateers against the citizens of the Re- public of Bolivia, or any of them, or the property of any of them, from any Prince or State with which the said Republic of Bolivia shall be at war; and if any person of either nation shall take such commissions or letters of marque he shall be punished according to their respective laws. 122 TREATIES, CONVENTIONS, ETC. Article XXVI. In accordance with fixed principles of international law, Bolivia re- gards the rivers Amazon and La Plata, with their tributaries, as highways or channels opened by nature for the commerce of all na- tions. In virtue of which, and desirous of promoting an exchange of productions through these channels, she will permit, and invites, com- mercial 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 Bolivian 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 of Bolivia, not inconsistent 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 shall have the right to put up or construct, in whole or in part, vessels adapted to shoal-river navigation, and to transfer their cargoes to them without the payment of additional duties; and they shall not pay duties of any description for sections or pieces of vessels, nor for the machinery or materials which they may introduce for use in the construction of said vessels. All places accessible to these, or other vessels of the United States, upon the said Bolivian tributaries of the Amazon or La Plata, shall be considered as ports open to foreign commerce, and subject to the provisions of this treaty, under such regulations as the Government may deem necessary to establish for the collection of custom-house, port, light -house, police and pilot duties. And such vessels may dis- charge and receive freight or cargo, being 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 expected, and which God for- bid,) the two contracting parties should be engaged in a war with each other, they agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business and transport their effects wherever they please, giving to them the safe-conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens of all other occupations, who may be established in the territories of the United States and the Republic of Bolivia, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. BOLIVIA — 1858. 123 Article XXIX. Neither the debts due from the individuals of one nation to the individuals of the other, nor shares, nor moneys which they 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. Article XXX. Both the contracting parties, being desirous of avoiding all inequality in relation to their public communications and official intercourse, 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 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. Article XXXI. To make effectual the protection which the United States and the Eepublic of Bolivia shall afford in future to the navigation and com- merce 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 I’ights, 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. A.RTICLE XXXII. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, immunities and prerogatives which belong to them by their public character, they shall, before entering upon their functions, exhibit their commission or patent in due form to the Government to which they are accredited, and having obtained their exequatur they shall be held and considered as such by all the authorities, magistrates and inhabitants in the consular district in which they reside. Article XXXIII. It is also agree that the Consuls, and officers and persons attached to the consulate, they not being citizens of the country in which the Consul resides, shall be exempted from all kinds of imposts and con- tributions, 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 respective States. The archives and papers of the consulate shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. 124 TREATIES, CONVENTIONS, ETC. Article XXXIV. The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention and custody of deserters from the public and private vessels of their country; and for that purpose they shall address themselves to the courts, judges and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessels or ships’ roll, or other pulilic documents, that those men were part of the said crews; and on this demand, so proved, (saving, however, when the contrary is proved,) the delivery shall not be refused. Such desert- ers, 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. Article XXXV. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties agree, as soon hereafter as circumstances will permit them, to form a consular convention which shall declare especially the powers and immunities of the Consuls and Vice-Consuls of the respective parties. Article XXXVI. The United States of America and the Republic of Bolivia, desir- ing to make as durable as circumstances will permit the relations which are established between the two parties by virtue of this treaty of peace, amity, commerce and navigation, declare solemnly and agree to the following points: 1st. The present treaty shall remain in full force and virtue for the term of ten years, to be counted from the da}’ of the exchange of the ratifications, and further, until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of said term of ten years; and it is agreed between them that, on the expira- tion of one year after such notice shall have been received by either from the other party, this treaty, in all its parts relative to commerce and navigation, shall altogether cease and determine; and in all those parts which relate to peace and friendship, it shall be peiqDetual and permanently binding on both powers. 2d. If one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizen shall be held personally re- sponsible for the same, and harmony and good correspondence be- tween the two nations shall not be interrupted thereby, each party engaging in no way to protect the offender or sanction such violation. 3d. If, (what indeed cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated, or in- fringed in any other mode whatever, it is expressly stipulated that BOLIVIA — 1858 1900. 125 neither of the contracting parties will order or authorize any act of reprisal, nor declare war against the other, on complaints of injuries or damages until the said party considering itself offended shall have* first presented to the other a statement of such injuries or damages, verified by competent pi’oofs, and demanded justice, and the same shall have been either refused or unreasonably delayed. 4th. Nothing in this treaty shall, however, be construed or operate contrary to former and existing public treaties with other Sovereigns and States. The present treaty of peace, amity, commerce and navigation shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the Presi- dent of the Eepublic of Bolivia, with the approbation of the National Congress; and the ratifications shall be exchanged in the capital of the Republic 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 Republic of Bolivia, have signed and sealed these presents. Done in La Paz, on the thirteenth day of ]\Iay. in the year of our Lord one thousand eight hundred and fifty-eight. [seal.] Johx AV. Dana. [seal.] Lucas M. de la Tapia. 1900, Extradition Convention. Concluded April ^7, 1900; ratif cation advised hy Senate December 18, 1900; ratified by -President August 2, 1901; ratifications ex- changed December 23, 1901; proclaimed December 30, 1901. Articles. I. Delivery of accused. II. Extraditable crimes. III. Procedure. IV. Provisional detention. V. Nondelivery of citizens. VI. Poiiticai offenses. VII. Limitations. VIII. Prior offenses. IX. Property seized with fugitive. X. Persousclaimed by other countries. XI. Expenses. XII. Ratification ; duration. The United States of America, and the Reimblic of Bolivia, being desirous to confirm their friendly relations and to iiromote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice between the United States of America and the Republic of Bolivia, and have appointed for that purpose the follow- ing representatives plenipotentiary. The President of the United States to Dr. George H. Bridgman his Envoy Extraordinary and Minister Plenipotentiary to Bolivia, and the President of Bolivia to Dr. Eliodoro AHllazon, his Minister of Foreign Relations, who, after having communicated to each other 126 TREATIES, CONVENTIONS, ETC. their respective full powers, found in good and due form, have agreed upon and concluded the following articles: .t^TICLE I. The Government of the United States and the Government of Bolivia, mutually agree to deliver up persons Avho, having been chargecl Avith or convicted of any of the crimes and offenses specified in the following article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum or be found Avithin 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, Avould justify his or her apprehension and commitment for trial if the crime or offense had been there committed. Article II. Extradition shall be granted for the following crimes and offenses : 1. Murder, comprehending assassination, parricide, infanticide, and poisoning ; attempt to commit murder ; manslaughter, Avhen Amluntary. 2. Arson. 3. Robbery, defined to be the act of feloniouslj^ and forcibly taking from the person of another money goods, documents or other prop- erty by violence or putting him in fear ; burglary. 4. Forgery, or the utterance of forged papers; the forgery or fal- sification of official acts of government, of public authorities, or of courts of justice, or the utterance of the thing forged or falsified. 5. The counterfeiting, falsifying or altering of money, whether coin or paper, or of instruments of debt created by national, state, provincial or municipal governments, or of coupons thereof, or of bank notes, or the utterance or circulation of the same ; or the counter- feiting, falsifying or altering of seals of state. 6. Embezzlement by public officers, embezzlement by persons hired or salaried, to the detriment of their employers Avhere in either class of cases the embezzlement exceeds the sum of Iavo hundred dollars; larceny. 7. Fraud or breach of trust by a bailee, banker, agent, factor, trus- tee, or other person acting in a fiduciary capacity, or director or mem- ber or officer of any company, when such act is made criminal by the laws of both countries and the amount of money or the value of the property misappropriated is not less than $200.00 or B® 500.00. 8. Perjury; subornation of perjury. 9. Rape, abduction; kidnapping. 10. Willful and unlawful destruction or obstruction of railroads which endangers human life. 11. Crimes committed at sea: (a) Piracy, by statute or by the hiAV of nations. (b) Revolt, or conspiracy to revolt, by tAvo or more persons on board a ship on the high seas against the authority of the master. (c) Wrongfully sinking or destroAung a A'essel at sea, or attempting to do so. (d) Assaults on board a ship on the high seas Avith intent to do grievous bodily harm. BOLIVIA 1900. 127 12. Crimes and offenses against the laws of both countries for the suppression of slavery and slave trading. Extradition is also to take place for participation in any of the crimes and offenses mentioned in this Treaty, provided such partici- pation may be punished, in the United States as a felony, and in Bolivia by imprisonment at hard labor. Article III. Requisitions for the surrender of fugatives from justice shall be made by the diplomatic agents of the contracting parties, or in the absence of these from the country or its seat of government, may be made by the superior consular officers. If the person whose extradition is requested shall have been con- victed of a crime or offense, a duly authenticated copy of the sentence of the court in which he was convicted, or if the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime has been committed, and of the deposi- tions or other evidence upon which such warrant was issued, shall be produced. The extradition of fugitives under the provisions of this Treaty shall be carried out in the United States and in Bolivia, respectively, in conformity with the laws regulating extradition for the time being in force in the state on which the demand for surrender is made. Article IV. Where the arrest and detention of fugitive are desired on telegraphic or other information in advance of the presentation of formal proofs, the proper course in the United States shall be to apply to a judge or other magistrate authorized to issue warrants of arrest in extradition cases and present a complaint on oath, as provided by the statutes of the United States. When, under the provisions of this article, the arrest and deten- tion of a fugitive are desired in the Republic of Bolivia, the proper course shall be to apply to the Foreign Office which will immediately cause the necessary steps to be taken in order to secure the provisional arrest or detention of the fugitive. The provisional detention of a fugitive shall cease and the prisoner be released if a formal requisition for his surrender, accompanied by the necessary evidence of his criminality, has not been produced under the stipulations of this Treaty, within two months from the date of his provisional arrest or detention. Article V. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Treaty. Article VI. A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded be of a political character, or if 128 TREATIES, CONVENTIONS, ETC. he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offense of a iiolitical character. No person surrendered by either of the high contracting parties to the other shall be triable or tried, or be punished, for any political crime or offense, or for any act connected therewith, committed pre- viously to his extradition. If anv question shall arise as to whether a case comes within the provisions of this article, the decision of the authorities of the gov- ernment on which the demand for surrender is made, or which may have granted the extradition, shall be final. Article VII. Extradition shall not be granted, in pursuance of the provisions of this Treaty, if legal proceedings or the enforcement of 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 requisi- tion is addressed. Article VIII. No person surrendered by either of the high contracting parties to the other shall, without his consent, freely granted and publicly de- clared by him, be triable or tried or be punished for any crime or offense committed prior to his extradition, other than that for which he was delivered up, until he shall have had an opportunity of return- ing to the country from which he was surrendered. Article IX. All articles seized, which are in the possession of the person to be surrendered at the time of his apprehension, whether being the pro- ceeds of the crime or offense charged, or being material as evidence in making proof of the crime or offense, shall, so far as practicable and in conformity with the laws of the respective countries, be given up when the extradition takes place. Nevertheless, the rights of third liarties with regard to such articles shall be duly respected. Article X. If the individual claimed by one of the high contracting parties, in pursuance of the present Treaty, shall also be claimed by one or sev- eral other powers on account of crimes or offenses committed within their respective jurisdictions, his extradition shall be granted to the state whose demand is first received : Provided^ That the Government from which extradition is sought is not bound by treaty to give pref- erence otherwise. Article XI. The expenses incurred in the arrest, detention, examination, and the delivery of fugitives under this Treaty shall be borne by the state in whose name the extradition is sought: Provided^ that the demand- ing government shall not be compelled to bear any expense for the BOLIVIA 1900. 129 services of such public officers of the Government from which extra- dition is sought as receive a fixed salary; And, provided^ that the charge for the services of such public officers as receive only fees or perquisites shall not exceed their customary fees for the acts or serv- ices performed by them, had such acts or services been performed in ordinary criminal proceedings under the laws of the country of which they are officers. Article XII. The present treaty shall take effect on the thirtieth day after the date of the exchange of ratifications, and shall not operate retro- actively. The ratifications of the 2iresent Treaty shall be exchanged at La Paz as soon as possible, and it shall remain in force for a period of six months after either of the contracting governments shall have given notice of a iiurpose to terminate it. In witness Avhereof, the respective Plenipotentiaries have signed the above articles, both in the English and the Spanish languages, and have here unto affixed their seals. Done in duplicate at the city of La Paz, Bolivia, this twenty first day of April of one thousand nine hundred. George H. Bridgman [seal.] Eliodoro Villazon. [seal.] 24449— VOL 1—10 9 BOKXEO. 1850. Convention of Ajmity, Commerce, and Navigation. Concluded June £3, 1850 ; ratification, advised and time for exchange of ratifications extended hy the Senate J une 23^ 1352; ratified hy the President January 31, 1853; ratifications exchanged Jxdy 11, 1853; proclaimed Jxdy 12, 1854. Articles. I. Amity. II. Liberty of commerce. III. Protection to United States citi- zens. IV. Freedom of imports and exports, y. Tonnajie on American ships; ex- emptions. YI. No export duty on products of Borneo. VII. Supplies for American ships of war. VIII. Shii)wrecks. IX. Extraterritoriality in Borneo; ratification. His Highness Omar Ali Saifedclin ebn Marhoiim Sultan IMahomed Jamalel Alam and Bangiran Anak Mumin, to whom belong the gov- ernment of the country of Brnni and all its provinces and dependen- cies, for themselves and their descendants on the one part, and the United States of America on the other, have agreed to cement the friendship which has long and happily existed between them, by a Convention, containing the following articles: Article I. Peace, friendship and good understanding shall from henceforward and forever subsist between the United States of America and His Highness Omar Ali Saifeddin, Sultan of Borneo, and their respective successors and citizens and subjects. Article II. The citizens of the United States of America shall have full liberty to enter into, reside in, trade with, and pass with their merchandise (lirough all parts of the dominions of His Highness the Sultan of Borneo, and they shall enjoj^ therein all the privileges and advan- tages. with respect to commerce or otherwise, which are now or which may hereafter be granted to the citizens or subjects of the most favored nation ; and the subjects of His Highness, the Sultan of Borneo, shall, in like manner, be at liberty to enter into, reside in, trade witli, and pass through with their merchandise tbrough all parts of the United States of America as freely as the citizens and 1.10 131 FOREIGN MISi;WS LIBRARY, Fir h BORNEO— 1850. ■ subjects of the most favored nation; and they shall enjoy in the United States of America all the privileges and advantages, with re- spect to commerce or otherwise, which are now or which may here- after be granted therein to the citizens or subjects of the most favored nation. Article III. Citizens of the United States shall be permitted to purchase, rent or occupy, or in any other legal way to acquire, all kinds of property within the dominions of His Highness the Sultan of Borneo; and His Highness engages that such citizens of the United States of America shall, as far as lies in his power, within his dominions, enjoy full and complete protection and security for themselves, and for any projierty which they may so acquire in future, or which they may have acquired ah’eady "befoi’e the date of the present convention. Article 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 here- after be in force in regard to such trade. Article V. No duty exceeding one dollar per registered ton shall be levied on American vessels entering the ports of His Highness the Sultan of Borneo ; and this fixed duty of one dollar per ton, to be levied on all American vessels, shall be in lieu of all other charges or duties what- soever. His Highness, moreover, engages that American trade and American goods shall be exempt from any internal duties, and also from any injurious regulations which may hereafter, from whatever causes, be adopted in the dominions of the Sultan of Borneo. Article VI. His Highness the Sultan of Borneo agrees that no duty whatever shall be levied on the exportation from His Highness’ dominions of any article, the growth, produce or manufacture of those dominions. Article VII. His Highness the Sultan of Borneo engages to permit the ships of war of the United States of America freely to enter the ports, rivers and creeks situate within his dominions, and to allow such ships to provide themselves, at a fair and moderate price, with such supplies, stores and provisions as they may from time to time stand in need of. Article VIII. If any vessel under the American flag shou^:’ oe wrecked on the coast of the dominions of His Highness Sultan of Borneo, His 132 TREATIES^ CONVENTIONS, ETC. Highness engages to give all the assistance in his power to 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 officers and crew and to all other persons on board of such wrecked vessels, full protection, both as to their persons and as to their property. Article IX. His Highness the Sultan of Borneo agrees that in all cases where a citizen of the United States shall be accused of any crime committed in any part of His Highness’ dominions, the person so accused shall be exclusively tried and adjudged by the American Consul, or other officer duly appointed for that purpose ; and in all cases where dis- putes or ditferences may arise between American citizens, or between American citizens and the subjects of His Highness, or between American citizens and the citizens or subjects of any other foreign ])ower in the dominions of the Sultan of Borneo, the American Con- sul, or other duly appointed officer, shall have power to hear and decide the same, without any interference, molestation or hindrance on the part of any authority of Borneo, either before, during or after the litigation. * This treaty shall be ratified, and the ratifications thereof shall be exchanged 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 hundred and sixty-six. [seal.] [seal.] Joseph Balestier, Omar Ali Saifeddin. BRAZIL. 1828.« Treaty of Amity, Commerce, and Navigation. Concluded December 12, 1828; ratification advised by the Senate March 10, 1829; ratified by the President March 10, 1829; ratifica- tions exchanged March 18, 1829; 'proclaimed March 18, 1829. Articles. I. Amity. II. Favored nation clause. III. Freedom of commerce and navi- gation ; coasting trade. IV. No discrimination on vessels. Y. Import and export duties. VI. Freedom of trade. VII. Embargoes. VIII. Asylum in ports. IX. Captures by pirates. X. Shipwrecks. XI. Disposal of property. XII. Special protection. XIII. Religious freedom. XIV. Rights of neutrals. XV. Neutral property under ene- mies’ flag. XVI. Contraband of war. XVII. Trade with nonblockaded ports. XVIII. Seizure of contraband arti- cles. XIX. Blockades. XX. Visitation and search. XXI. Ship’s papers in case of war. XXII. Vessels under convoy. XXIII. Prize courts. XXIV. Letters of marque forbidden. XXV. Protection in case of war. XXVI. Confiscation forbidden. XXVII. Diplomatic officers. XXVm. Consular officers. XXIX. Exequaturs. XXX. Consular exemptions. XXXI. Deserters from ships. XXXII. Consular convention. XXXIII. Duration ; effect, etc. ; ratifi- cation. 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’Affaires at the Court of Brazil; and His Majesty the Emperor of Brazil, on the Most Illustrious and Most Excellent Marquez of Aracaty, a mem- ber of his Council, Gentleman of the Imperial Bedchamber, Coun- cillor of the Treasury, Grand Cross of the Order of Aviz, Senator of the Empire, Minister and Secretary of State for Foreign Affairs, and “ By a nof ice given from the Emperor of Brazil this treaty “ only for articles relating to commerce and navigation ” was terminated December 12, 1841. 133 134 TREATIES, CONVENTIONS, ETC. Miguel de Souza Mello e Alvim, a member of his Council, Com- mander of the Order of Aviz, Knight of the Imiierial Order of the Cross, Chief of Division in the Imperial and Xational Xavy, Minister and Secretary of State for the Marine; Who, after having exchanged their said full powers, in due and proper form, have agreed to the following articles: Article I. There shall he a iierfect, firm and inviolable peace and friendship between the United States of America and their citizens and His Imperial Majesty, his successors and subjects, throughout their pos- sessions and territories respectively, without distinction of persons or places. Article II. The United States of America and His Majesty the Emperor of Brazil, desiring to live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all, engage mutually not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not 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 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 ex- ception to this article. Article III. The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries on the lib- eral basis of perfect equality and reciprocity, mutually agree that the citizens and subjects of each may frequent all the coasts and coun- tries of the other, and reside and trade there in all kinds of produce, manufactures and merchandise; and they shall enjoy all the rights, lirivileges, and exemptions in navigation and commerce, which native citizens or subjects do or shall enjoy, submitting themselves to the laws, decrees and usages there established, to which native citizens or subjects are subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties respectively, according to their own separate laws. Article IV. They likewise agree that whatever kind of produce, manufactures or merchandise of any foreign country can lie from time to time law- fully imported into the United States, in their own vessels, may be also imported in vessels of Brazil; and tbat no higher or other duties upon the tonnage of the vessel and her cargo shall be levied and col- lected. whether the importation be made in the vessels of the one country or the other. And in like manner, that whatever kind of jiroduce, manufactures or merchandise of any foreign country, can BRAZIL 1828. 135 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 importa- tion 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 exjiorted 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 made in vessels of the United States or of the Empire of Brazil. The Government of the United States, however, considering the present state of the naTigation of Brazil, agrees that a vessel shall be con- sidered as Brazilian when the proprietor and captain are subjects of Brazil and the jiapers are in legal form. 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 the Empire of Brazil, and no higher or other duties shall be imposed 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 for- eign country ; nor shall any higher or other duties or charges be im- posed in either of the two countries, on the exportation 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 exporta- tion or importation of any articles, the produce or manufactures of the United States, or of the Empire of Brazil, to or from the ter- ritories of the United States, or to or from the territories of the Empire of Brazil, which shall not equally extend to all other nations. Article VI. It is likewise agreed that it shall be whollj^ free for all merchants, commanders of ships and other citizens or subjects of both countries, to manage themselves their own business, in all the ports and places subject to the jurisdiction of each other, as well with respect to the consignment and sale of their goods and merchandise by wholesale or retail, as with respect to the loading, unloading and sending off their ships; they being in all 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. Article VII. ' The citizens and subjects of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes or merchandise or effects, for any military expedition, nor for any public or private purpose whatever, without allowing to those inter- ested a sufficient indemnification. 13G TREATIES, CONVENTIONS, ETC. Article VIII. Whenever the citizens or subjects of either of the contracting par- ties shall be forced to seek refuge or asylum in the rivers, bays, ports or dominions of the other, with their vessels, whether of merchant or of war, public or private, through stress of weather, pursuit of jiirates or enemies, they shall be received and treated with humanity, giving to them all favor and protection, for repairing their ships, procuring provisions, and placing themselves in a situation to con- tinue their voyage without obstacle or hindrance of any kind. Article IX. All the ships, merchandise and effects belonging to the citizens or subjects of one of the contracting parties, which may be captured by pirates, whether within the limits of its jurisdiction, or on the high seas, and may be carried or found in the rivers, roads, 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 attorneys or agents of their respective Governments. Article X. Vlien 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 of the other, there shall be given to them all assistance and protection, in the same man- ner which is usual and customary with the vessels of the nation where the damage haiipens, permitting them to unload the said vessel, if necessary, of its merchandise and effects, without exacting for it an}’ duty, impost or contribution whatever, until they may be exported, unless they be destined for consumption. Article XI. The citizens or subjects of each of the contracting parties shall have jiower to dispose of their personal goods within the jurisdic- tion of the other, by sale, donation, testament or otherwise; and their representatives, being citizens or subjects of the other party, shall succeed to the said personal goods, whether by testament, or ab inte.stato, 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 countr}’ Avherein said goods are shall be ‘subject to pay in like cases; and if, in the case of real estate, the said heirs Avould be prevented from entering into tlie ])()ssession of the inheritance on account of their character of aliens, there shall be granted to them the term of three years to dis- pose of the same as they may think proper, and to Avithdraw the pro- ceeds Avithout molestation, nor any other charges than those Avhich are imposed by the hiAvs of the country. BRAZIL— 1828. 137 Article XII. Both the contracting parties promise and engage formally to give their siiecial protection to the persons and property of the citizens and subjects of each other, of all occupations, who may be in their territories, subject to the jurisdiction of the one or the other, tran- sient or dwelling therein, leaving open and free to them the tribunals of justice for 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 employ, in de- fence of their rights, such advocates, solicitors, notaries, agents and factors, as they may judge proper in all their trials at law. Article XIII. / It is likewise agreed that the most perfect and entire security of conscience shall be enjoyed by the citizens or subjects of both the contracting parties, in the countries subject to the jurisdiction of 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 and subjects of one of the contracting parties who may die in the territories of the other shall be buried in the usual burying grounds, or in other decent or suitable places, and shall be protected from violation or disturbance. Article* XIV. It shall be lawful for the citizens and subjects of the United States of America and of the Empire of Brazil, to sail with their ships, with all manner of liberty and security, no distinction being made Avho 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 shall likewise be lawful for the citizens and subjects aforesaid to sail with the ships and mer- chandises before mentioned, and to trade with the same liberty and securit}", from the places, ports and havens of those who are enemies of either party, Avithout any opposition or disturbance whatsoeA^er, not only clirectly from the places of the enemy before mentioned to neutral places, but also from one place belonging to an enemy to an- other place belonging to an enemy, Avhether they be under the juris- diction of one power or under seA'eral. 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 con- tracting parties, although the AA-hole 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 lib- erty 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, howeA^er, 138 TREATIES, CONVENTIONS, ETC. and it is hereby agreed, that the stipulations in this article contained, declaring that "the hag shall cover the property, shall be understood as applying to those powers only who recognize this principle; but if eitlier 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 princi^fle and not of others. Article XV. It is likewise agreed that, in the case where the neutral flag of one of the contracting parties shall protect the property of the enemies of the other, by virtue of the above stipulation, it shall always be understood that the peutral 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 con- tracting 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 j^rotect the enemy’s prop- erty, in that case the goods and merchandise of the neutral embarked in such enemj^’s ship shall be free. Article 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 contraband or prohib- ited goods shall be comprehended — 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuzees, rifles, carliines, pistols, j^ikes, swords, sabres, lances, spears, hallierds 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. 1th. And generally all kinds of arms and instruments of iron, steel, brass and copper or of any other materials manufactured, pre- jiared and formed expressly to make war by sea or land. Article XVII. All other merchandise and things not comprehended in the articles of contraband, expressly enumerated and classified as above, shall lie held and considered as free and subjects of free and lawful com- mei'ce. so that they may be carried and transported in the freest man- ner 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 ]ilaces are only besieged or blockaded which are actually attacked by a force capalile of preventing the entry of the neutral. BRAZIL 1828. 139 Article XVIII. The articles of contraband, before enumerated and classified, which may be found in a vessel bound for an enemy’s port, shall be subject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. Xo 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 arti- cles be so great and of so large a bulk that they cannot be received on board the capturing ship without great inconvenience; but in this and all the other cases of just detention the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment, according to law. Article XIX. And whereas it frequently happens that vessels sail for a port or a place belonging to an enemy, without knowing that the same is be- sieged, blockaded, or invested, it is agreed that every vessel so cir- cumstanced may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from any officer commanding a vessel of the blockading forces, she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Xor 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 Avith her cargo, nor if found therein after the reduction and surrender shall such A'essel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. And if any I'essel having thus entered the port before the blockade took place, shall take on board a cargo after the blockade be established, she shall be subject to being warned by the blockading forces to re- turn to the port blockaded and discharge the said cargo, and if after receiving the said ivarning the vessel shall persist in going out ivith the cargo, she shall be liable to the same consequences as a vessel at- tempting to enter a blockaded port after being warned off by the blockading forces. Article XX. In order to prevent all kinds of disorder in the idsiting and exami- nation of the ships and cargoes of both the contracting parties on the high seas, they have agreed mutually, that Avhenever a A^essel of Avar, public or private, shall meet with a neutral of the other contracting party, the first shall remain at the greatest distance compatible with making the Ausit under the circumstances of the sea and wind and the degree of suspicion attending the vessel to be Ausited and shall send its smallest boat, in order to execute the said examination of the papers concerning the ownership and cargo of the vessel, Avithout causing the least extortion, violence or ill treatment, for Avhich the commanders of the said armed ships shall be responsible with their persons and property ; for which purpose the commanders of the said 140 TREATIES, CONVENTIONS, ETa ])i-ivate armed vessels shall, before receiving their commissions, give sufficient security to ansAver 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 iiajAers, or for any other purpose whatever. Article XXI. To avoid all kind of A’exation and abuse in the examination of the papers relating to the ownership of the vessels belonging to the citi- zens and subjects of the two contracting parties, they have agreed and do agree, that in case one of them shall be engaged in war, the ships and vessels belonging to the citizens or subjects of the other must be furnished Avith 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 A^essel, in order that it may thereby appear that the ship really and truly belongs to the citizens or sub- jects 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 Avith certificates, containing the several particulars of the cargo, and the place whence the ship sailed, so that it may be known Avhether any forbidden or contraband goods be on board the same; Avhich certificates shall be made out by the officers of the place whence the ship sailed, in the accustomed form ; without such 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 proA^ed to be OAving to accident, and be satisfied or supplied by testimony entirely equivalent. Article XXTI. It is further agreed that the stipulations aboA^e expressed, relative to the visiting and examining of A'essels, shall apply only to those Avhich sail Avithout coiiAmy; and AAdien said A^essel shall be under con- voy, the verbal declaration of the commander of the convoy, on his AA’ord of honor, that the Aessels under his protection belong to the nation AA'hose flag he carries ; and Avhen they are bound to an enemy’s port, that they liaA^e 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 Avhich the prizes may be conducted, shall alone take cognizance of them. And Avhenever such tribunal, of either party, shall pronounce judgment against any A^essel, or goods, or property claimed by the citizens or subjects of the other party, the sentence or decree shall mention the reasons or moti\^es on Avhich the same shall luiA’e been founded, and an authenticated copy of (he sentence or decree, and of all the proceedings in the case, shall, if demanded, be deliA'ered to the commander or agent of said vessel, Avithout any tlelay, he paying the legal fees for the same. BEAZIL — 1828, 141 Article XXIV. Whenever one of the contracting parties shall be engaged in war with another State, no citizen or subject of the other contracting party shall accept a commission or letter of marque for the purpose of resisting or cooperating hostilely with the said enemy, against the said party so at war, under the pain of being treated as a pirate. Article XXV. If, by any fatalit}^ which cannot be expected, and which God for- bid, the two contracting parties should be engaged in a war with each other, they have agreed, and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other and the term of one j'^ear to those who dwell in the interior, to arrange their business and transport their effects wherever they jilease, giving to them the safe conduct neces- sary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens and subjects of all other occupa- tions, 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 enjo3mient of their personal liberty and prop- erty, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting par- ties engage to give them. Article XXVI. Neither the debts due from the individuals of the one nation to the individuals of the other, nor shares nor money which they may have in public funds nor in public or private banks, shall ever in any event of war or national difference be sequestrafed or confiscated. Article XXVII. Both the contracting parties being desirous of avoiding all in- equality in relation to their public communications and official inter- course, have agreed and do agree, to grant to their Envoys, Ministers, and other public Agents, the same favors, immunities and exemptions which those of the most favored nation do or shall enjoy; it being understood that whatever favors, immunities or privileges the United -States of America or the Empire of Brazil may find it proper to give the Ministers and public Agents of anj^ other power, shall, by the same act, be extended to those of each of the contracting parties. Artici-e XXVIII. To make more effectual the protection which the United States and the Empire of Brazil shall afford in future to the navigation and commerce of the citizens and subjects of each other, they agree to re- ceive and admit Consuls and Vice-Consuls in all the ports open to foreign commerce, who shall enjov in them all the rights, prerogatives and immunities of the Consuls and Vice-Consuls of the most favored nation; each contracting jiarty, however, remaining at liberty to ex- 142 TREATIES, CONVENTIONS, ETC. cejjt those ports and places in which the admission and residence of such Consuls may not seem convenient. Article XXIX. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives and immunities which belong to them by their public character, they shall, before entering on the exercise of their functions, exhibit their commissions or patent, in due form, to the Government to Avhich 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 the}' reside. Article XXX. It is likewise agreed that the Consuls, their secretaries, officers and jiersons attached to the service of Consuls, they not being citizens or subjects of the country in which the Consul resides, shall be exempt from all public service, and also from all kinds of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens or sub- jects and inhabitants, native and foreign, of the country in which they reside are subject; being in everything besides subject to the hiAvs of their respective States. The archives and papers of the con- sulate shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. Article XXXI. The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and 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 com^ietent, 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 Avere part of said crews; and on this demand so proA'ed, (saA'ing, however, Avhere 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 shijis to which they belonged or to others of the same nation. But if they be not sent back within two months, to 1)0 counted from the day of their arrest, they shall be set at liberty, and shall no more be arrested for the same cause. Article XXXII. For the purpose of more effectually protecting their commerce and navigation, the tAvo contracting parties do hereby agree, as soon here- after as circumstances will permit them, to form a consular conven- tion, Avhich shall declare specially the powers and immunities of the Consuls and Vice-Consuls of the respective parties. BRAZIL — 1828. 143 Article 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 j^ears from the date hereof, and further until the end of one year after either of the contracting parties shall have given notice to the other 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 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 partjL this treaty, in all the parts relating to commerce and navigation, shall altogether cease and determine, and in all those parts which relate to peace and friendship it shall be Ijermanently and perpetually binding on both powers. 2d. If any one or more of the citizens or subjects of either party shall infringe any of the articles of this treaty, such citizen or sub- ject shall be held personally responsible for the same, and the har- mony and good correspondence between the nations shall not be interruiAed thereby; each party engaging in no way to protect the oflPender 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 in- fringed in any 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 dam- ages, until the said party considering itself offended shall first have 2iresented to the other a statement of such injuries or damages, veri- fied by competent proof, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed. 4th. Xothing in this treaty contained shall, however, be construed to 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, 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 .vmerica and of His Majesty the Emperor of Brazil, have signed and 'caled these presents. Done in the City of Rio 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, [seal.] [seal.] [seal.] W. Tudor. Marquez de Aracaty. Miguel de Souza Mello E Alvim. 144 TREATIES, CONVENTIONS, ETC. 1849. Claims Convention. Concluded January 27^ 1849; ratification advised Toy the Senate January 14, 1849; ratifed hy the President January 18, 1850; rati- fication exchanged January 18, 1850; 'proclaimed January 19, 1850. Articles. I. Claims to be paid. II. Brazil exonerated from responsi- bility. III. Procedure. IV. Time of payment. V. Interest. VI. Ratification. 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 understanding 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 appointed and conferred full powers, respectively, to wit : The President of the United States of America, on David Tod, Envoy Extraordinary and Minister Plenipotentiary from the said States near the court of Brazil; and His Majesty the Emperor of Brazil, upon the most illustrious and most excellent Viscount of Olinda, of his Council, and of the Council of State, Senator and Gran- dee of the Empire, Grand Cross of the Order of Saint Stephen of Hungary, of the Legion of Honor of France, and of Saint Maurice and Saint Lazarus of Sardinia, Officer of the Imperial Order of the Cross, Commander of the Order of Christ, President of the Council of Ministers, Mini.ster 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- tained by each — one of the justice of the claims, and the other of their injustice — and being convinced that the only equitable dnd honorable method by- which the two countries can arrive at a perfect under- standing of said questions is to adjust them by a single act, they mu- tually agreed, after a mature examination of these claims, and, in order to carry this agreement into execution, it becomes the duty of Brazil, to place at the disposition of the President of the United States the amount of five hundred and thirty thousand miireis, cur- rent 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 pai’ties refrain from entering; it being left to the Government of the I''^nited States to estimate the justice that may pertain to the claimants, for the purpose of distributing among BRAZIL — 1849. 145 them the aforesaid sum of five hundred and thirty thousand milreis as is may deem most proper. Article II. In conformity to what is agreed upon in the preceding article, Brazil is exonerated from all responsibility springing out of the aforesaid claims presented by the Government of the United States up to the date of this convention, which can neither be reproduced nor recon- sidered in future. Article III. In order that the Government of the United States may be enabled properly to consider the claims of the citizens of said States, they remaining, as above declared, subject to its judgment, the respective documents which throw light upon them shall be delivered by the Imperial Government to that of the United States, so soon as this con- vention shall receive the ratification of the Government of said States. Article IV. The sum agreed upon shall be paid by the Imperial Government to that of the United States, in the current money of Brazil, as soon 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 legis- lature. Article V. The payment of the sum above named, of five hundred and thirty thousand milreis, shall not be made until after the reception of the notice in this capital of the exchange 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 preceding article of this convention, the amount stipulated shall be paid. Article VI. The present convention shall be ratified, and the ratifications ex- changed, in Washington, within twelve months after it is signed in this capital, or sooner if possible. In faith of which we. Plenipotentiaries of the United States of America and of His Majesty the Emperor of Brazil, sign and seal the same. Done in the city of Rio de Janeiro,, this twenty-seventh day of January, in the year of our Lord one thousand eight hundred and forty-nine. [seal.] David Tod. [seal.] Visconde de Olinda. The amount of 530,000 milreis under the foregoing convention was paid by Brazil in satisfaction of claims made by United States citizens, and the amount was distributed by the United States. 24449— VOL 1—10 10 146 TREATIES, CONVENTIONS, ETC. 1878. Agreement Concerning Trade-Marks. Concluded September 1878," ratification advised hy Senate Janu- ary 20, 1879; proclaimed J une 17, 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 protection of the marks of manufacture and trade in the two countries, 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 rights 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 respective countries. In witness whereof the undersigned duly authorized to this end, have signed the present agreement and have affixed thereto the seals of their arms. Done in duplicate at Rio de Janeiro the twenty-fourth day of the month of September, one thousand eight hundred and seventy-eight. [seal.] Henry Washington Hilliard. [seal,] B. de Villa Bella. 1897. Extradition Coni’ention and Protocol. Concluded, respectively. May Ilf, 1897, and May 28, 1898; ratification ad vised hy Senate February 28, 1899; ratified by President February IS, 1903; ratifications exchanged April 18, 1903; proclaimed April 30, 1903. Articles. VIII. Limitations. IX. Property seized with fugitive. X. Procedure. third XI. Provisional detention. XII. Expenses. XIII. Ratification; duration. coun- Protocol. 5IODIFICATION OF ARTICLES TWO, THREE, FOUR, AND NINE. The TTnited States of America and the United States of Brazil, de- siring to strengthen their friendly relations and to facilitate the administration of justice by the rejiression of crimes and offences committed in their respective territories and jurisdictions, have agreed I. Delivery of the accused. II. Extraditable crimes. III. Political offences. IV. Offence for which tried ; government. V. Nondelivery of citizens. I'l. Extradition deferred. A'll. Per.'.-on claimed by other tries. BRAZIL 1897. 147 to celebrate a treaty of extradition and have nominated for that purpose the following plenipotentiaries : The President of the United States of America, Mr. Thomas L. Thompson, Envoy Extraordinary and Minister Plenipotentiary near the Gk)vernment of the United States of Brazil ; and'the President of the United States of Brazil, General Dionisio Evangelista de Castro Cerqueira, Minister of State for Foreign Rela- tions ; who having made known their respective full powers, which have been found in good form, agree upon the following articles : Article I. The Government of the United States of America and the Govern- ment of the United States of Brazil mutually agree to deliver up the persons who, having been charged or convicted, as the authors of or accomplices in any of the crimes enumerated in the following article, committed in the jurisdiction of one of the contracting parties, seeks an asylum or be found within the territories of the other; provided, this shall only take place after such evidence of criminality as, ac- cording to the laws of the place where the person or fugitive so charged shall be found, would justifv’^ his or her apprehension and commitment for trial, if the crime had there been committed. Article II. Extradition shall be granted for the following crimes and offences : 1. Voluntary homicide, when such act is punishable in the United States of America, comprehending the crimes of poisoning and infan- ticide; murder; manslaughter. 2. Abortion. 3. Rape and other offences against chastity committed with violence. 4. Bigamy. o. Abduction, willfully and wrongfully depriving any person of natural liberty. 6. Kidnapping or child stealing. 7. Arson. 8. Piracy, by statute or by the law of nations when the state in which the offender is found has no jurisdiction; revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas, against the authority of the master; to willfully and wrongfully cause shipwreck ; to wrongfully and willfully collide with a vessel ; to wrongfully and willfully scuttle a vessel for the purpose of sinking it ; to wrongfully and willfully destroy a vessel on the high seas. 9. Wrongful and willful destruction or obstruction of railroads which endangers human life. 10. Counterfeiting, falsifying or altering money of any kind, or of legally authorized bank notes which circulate as money; to utter or to give circulation to any such counterfeited, falsified or altered money; the falsification of instruments of debt created by national, state or municipal governments, or of the coupons thereof; counter- feiting, falsifying or altering seals of the federal or state govern- ments ; to knowingly use any such instruments or papers. 148 TREATIES, CONVENTIONS, ETC. 11. Forgery, the utterance of forged papers; forgery or falsifica- tion of official acts of government, of public authorities, or of courts of justice, of public or private instruments; the use or the utterance of the thing forged or falsified. 12. Perjury, or to bear false witness; to suborn or bribe a witness. 13. Fraud committed by a depositor, banker, agent, broker, treas- urer, director, member or employe of any company or corporation. 14. Embezzlement, consisting in the misappropriation or theft of public moneys, committed in the jurisdiction of one of the contracting parties, by a public officer or depositary. 15. Embezzlement, or theft of moneys, committed by persons sal- aried or employed, to the detriment of those who employ them. 10. Burglary, defined to be the act of entering during the night, by breaking or climbing, the dwelling-house of another, with intent to commit a felony; robbery, defined to be the act of feloniously and forcibly taking from another money or goods of any value, by vio- lence, or putting in fear, and known in the Brazilian Penal Code as roubo. 17. Complicity in or attempts at the commission of any of the crimes specified in the preceding sections, provided that such com- plicity or attem2it be punishable by the laws of the country from whence the extradition is demanded. Article III. Extradition shall not be granted if the offence on which the surren- der is demanded be of a political character, or if the fugitive jirove that there is an intention to try or punish him for a political crime ; nor if the circumstances on which extradition is demanded are con- nected with jiolitical crimes. The Government from which extradition is demanded will examine the circumstances, to ascertain whether the crime be of a political character, and its decision shall be definite. The following shall not be considered jDolitical crimes when they are unconnected with political movements, and are such as constitute murder, or willful and illegal homicide, as jirovided for in section 1 of the preceding article : 1. An attemjit against the life of the President of the United States of America, or against the life of the Governor of any of the States; an attemjDt against the life of the President of the United States of Brazil, or against the life of the President or Governor of any of the States thereof; 2. An attempt against the life of the Vice-President of the United States of America, or against the life of the Lieutenant-Governor of any of the States; an attempt against the life of the Vice-President of the United States of Brazil, or against the life of the Vice President or Vice Governor of any of the States thereof. Article IV. The person surrendered cannot be tried nor punished in the country which has obtained the extradition, nor be surrendered to a third country, for trial or punishment therein, for any crime or offence not mentioned in this treaty, nor for one committed previous to extra- BRAZIL 1897. 149 dition, other than the crime or offence for which he was extradited, unless such person has been in either case at liberty to leave the coun- try which has obtained the extradition for a month subsequent to trial therein. Furthermore, such person shall not be tried nor punished for an offence or crime mentioned in this treaty committed previous to the extradition, other than the offence or crime for which he was extra- dited, without. the consent of the Government which has surrendered such person, and the said Government shall be able to demand an exhibition of any of the documents mentioned in Article X of the present treaty. In like manner the consent of the said Government shall be solicited if the extradition of the offender is requested by a third Government ; although this shall not be necessary when the offender voluntarily requests trial or consents to punishment ; or if he fails to leave the ter- ritory of the country to which he has been surrendered within the period above fixed. Article V. The contracting parties shall in no case be obliged to surrender their own citizens in virtue of the stipulations of the present treaty. Article VI. If the person shall be in course of trial, or shall have been convicted of an offence other than that for which the surrender is demanded, extradition shall only take place after the trial shall have been con- cluded and the sentence fulfilled. Article VII. When the person demanded by one of the contracting parties is also demanded by one or more powers on account of crimes and offences committed within their respective jurisdictions, extradition shall be conceded to the one whose request is first received, unless the Govern- ment to which the request is made has before agreed by treaty in case of the concurrence of requests to give preference to the country of the person’s origin, to the gravity of the crime, or to the request which is of oldest date ; in whichsoever of these cases the usual rule shall be followed. Article VIII. Extradition shall be refused when the action or sentence for which the offender is demanded shall have been extinguished by prescrip- tion, according to the law of the country to which the request is made, or when such person shall have been already tried and sentenced for the same crime. Article IX. All articles found in the possession of the person accused and obtained through the commission of the act with which such person is charged, and may be used as evidence of the crime for which such person is demanded, shall be seized and surrendered with the person. 150 TREATIES, CONVENTIONS, ETC. Nevertheless, the rights of third persons to the articles so found shall be respected. Article X. Kequisitions for the surrender of fugitives from justice accused or convicted of any of the crimes or offences hereinbefore mentioned shall be made by the diplomatic agent of the demanding Government. In case of the absence of such agent either from the country or from the seat of Government such requisition shall be made by a superior consular officer. When the person whose surrender is requested shall have already been convicted of the crime or offence for which his extradition is de- manded, the demand therefor shall be accompanied by a copy of the judgment of the court or tribunal which has pronounced it, duly signed by the judge of the court or president of the tribunal; and the signature of the judge of the court or president of the tribunal shall be authenticated by the proper executive officer, whose official char- acter shall in turn be attested by the diplomatic agent or a superior consular officer of the Government on which the demand is made. When the person whose surrender is asked is merely charged with the commission of any of the crimes mentioned in the present treaty, the application for extradition shall be accompanied by an authenti- cated copy of the warrant of arrest issued against such person by the officer duly authorized to do so ; and likewise by an authenticated copy of the depositions or declarations made before such officer and setting forth the acts with which the fugitive is charged. The extradition of fugitives under the provisions of the present treaty shall be carried out in conformity with the laws and practice for the time being in force in the state on which the demand is made, without, however, denying recourse to the writ of habeas-corpvs. Article XI. IWien the arrest and detention of a person are desired on telegraphic or other information in advance of the presentation of the formal proofs provided for in the preceding article of the present treaty, the following practice shall be observed : In the United States of Amei'ica application shall be made by the diplomatic agent of Brazil, or in his absence by a superior consular officer, to the Secretary of State, for a certificate stating that request has been made by the Government of the United States of Brazil for the provisional arrest of a person con- victed or accused of the commission within the jurisdiction thereof, of a crime or offence extraditable under the terms of the present treaty, which, upon presentation to any competent judicial officer and upon complaint duly made that such a crime or offence has been so commit- ted, it shall be lawful for such judicial officer to issue a warrant for the ap]u-ehension of such person; And in the United States of Brazil upon request of the Government of the United States of America, duly made through its diplomatic agent, or in his absence by a superior consular officer to the INIinister for Foreign Relations; the provisional arrest shall be made of any person convicted or accused of the com- mission of a ciTine or offence extraditable under this treaty. BRAZIL 1897. 151 But if the formal requisition for surrender with the formal proofs hereinbefore mentioned, be not made as aforesaid by the diplomatic agent of the demanding government, or in his absence by a superior consular officer, within sixty days from the date of the arrest of the fugitive, the prisoner shall be discharged from custody. Article XII. The expenses incurred in the arrest, detention, examination and delivery of fugitives under this treaty shall be borne by the State in whose name the extradition is sought. Article XIII. The present treaty shall take effect six weeks after the exchange of ratifications, and shall continue in force six months after one of the contracting parties shall have notified the other of an intention to ter- minate it. It shall be ratified and the ratifications exchanged at Eio de Janeiro as soon as possible. In witness whereof, the respective plenipotentiaries sign the above articles written in the English and Portuguese languages and here- unto affix their seals. Done and signed in duplicate in the city of Rio de Janeiro, this 14th day of May 1897. [seal.] Thomas L. Thompson. [seal.] Dionisio E. de Castro Cerqueira. A protocol amending the said treaty in certain particulars was con- cluded and signed by the respective plenipotentiaries of the United States of America and the United States of Brazil, at Rio de Janeiro, on the 28th day of May, one thousand eight hundred and ninety-eight, as follows: PROTOCOL. The undersigned, the Envoy Extraordinary and Minister Plenipo- tentiary of the United States of America and the Minister for Foreign Affairs of the Republic of the United States of Brazil, met together to-day in the Department of Foreign Affairs and being duly author- ized, have agreed to modify in the manner hereinafter indicated the provisions of Xo. 13 of Article II. of the end of § 2 of Article III, and of the first two paragraphs of Article IV, and the wording of Article IX of the Extradition Treaty signed May 14th, 1897, for the purpose of preventing questions in the execution thereof. Article II, Xo. 13. To add in the English text after ‘'broker” the word “manager”, corresponding in the Portuguese text to the term “ administrador ”. Article III, § 2. To substitute in the English text for the word “ definite ” the word “ final ”. 152 TREATIES, CONVENTIONS, ETC. Article IV. To change the wording of the first paragraph of the Portuguese text to read as follows: O indi viduo enti'egue nao podera ser proces- sado nein punido no paiz que tiver obtido a extradigao nem entregue a terceiro paiz jior crime on infracgao nao prevista no presente tratado nem i^or crime ou infracQao anterior a extradigao, etc., etc. To substitute in the second paragraph of the English text the expression “ may demand ” for “ shall be able to demand ” Article IX. Substitute for the wording of the English text the following : “All articles found in the possession of the person accused, whether obtained through the commission of the act with which such person is charged, or whether they may be used etc., etc.” This protocol shall be submitted for approA^al to the Congresses of the two countries. Done at the city of Rio de Janeiro this twenty-eighth day of May A. D. 1898. [seal.] Charles Page Bryan [seal.] Dionisio E. de Castro Cerqueira. 1902. Protocol Submitting to Arbitration the Claim of George C. Benner et al. Signed September G, 1902. Articles. 1. Questions to be submitted; arbi- trator. II. Evidence. III. I’ayment. IV. Time of submission. V. Arguments. VI. Time of payment. VII. Expenses. VIII. Award tinal. The Secretary of State of the United States of America and the Envoy Extraordinary and Minister Plenipotentiary of the Republic of the United States of Brazil having agreed to submit to arbitra- tion the claim of George C. Benner and others against the Republic of the United States of Brazil ; The United States of America and the Republic of the United States of Brazil, through their representatives, Charles Page Bryan, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to Brazil, and Doctor Olyntho Maximo de Magalhaes, INIinister of State for Foreign Relations of the Republic of the United States of Brazil, hav^e agreed upon and signed the following protocol : V hereas the owners of the vessel, “James A. Simpson”, citizens of the United States of America, have claimed through the Govern- ment of the Ihiited States of America from the Government of the Republic of the United States of Brazil indemnity on account of BRAZIL 1902. 153 the damage inflicted upon the said vessel and her long boat by the firing of the soldiers of the Government of the Republic of the United States of Brazil and for the damage caused by the detention of the said vessel at the port of Rio de Janeiro, Brazil, it is agreed between the two Governments: I That the question of the liability of the Republic of the United States of Brazil to pay an indemnity in said case, and, if so found by the Arbitrator, the further question of the amount of said indemnity to be awarded and the questions of law and fact brought in issue, shall be referred to Mr. A. Grip, Envoy Extraordinary and Minister Plenipotentiary of Sweden and Norway at Washing- ton, who is hereby appointed as Arbitrator to hear said causes and to determine the question of said liability and the amount of indem- nity, if any, found by said Arbitrator to be justly due. II The Government of the United States of America will lay before the Arbitrator the claimant’s evidence and all correspondence be- tween the Government of the Republic of the United States of Brazil and the Minister of the United States of America at Petropolis, Brazil, and the dispatches from the said Minister re- porting documentary evidence to the Department of State in relation to the said claim. All questions of procedure shall be left to the determination of the Arbitrator. III The Government of the Republic of the United States of Brazil agrees to pay, in American gold, any amount which may be awarded by the Arbitrator, if he finds that it is liable therefor. IV The evidence is to be submitted to the Arbitrator on or before the first day of December, 1902, and his decision is to be rendered within three months thereafter. V • Each Government may furnish to the Arbitrator an argument or brief not later than the fifteenth day of January, 1903, a copy of which each party shall furnish to the other at the same time as to the Arbitrator. VI The Government of the Republic of the United States of Brazil shall pay the indemnity awarded by the Arbitrator, if any, within twelve months from' the date of the award, unless an extension of the time of its payment should be granted by the Government of the United States of America. 154 TREATIES, CONVENTIONS, ETC. VII All the expenses of said arbitration are to be paid in equal moities by the said Governments. VIII Any award given by the Arbitrator shall be final and conclusive. Done in duplicate in English and Portuguese at Rio de Janeiro this sixth day of September 1902. [seal] Charles Page Bryan [seal] Olyntho Maximo de Magalhaes. The claim referred to in the foregoing protocol was presented to the Swedish minister as arbitrator, and withdrawn from the consid- eration of the arbitrator IS^ovember 28, 1902, for want of evidence. BREMEN.® 1853. Declaration of Accession ® of the Senate of the Free Hanseatic City of Bremen to the Convention for the Extradition of Criminals, Fugitives from Justice, between Prussia and Other States of the Germanic Confederation and the United States. Concluded September 6, 1863; ratifications exchanged at Washingt07i October IJi., 1853; proclaimed October 15., 1853. Whereas a Convention for the mutual delivery of criminals fugi- tives 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 Wash- ington, on the 16th June, 1852, by the Plenipotentiaries of the con- tracting parties, and was subsequently duly ratified on the part of the contracting goverments; and whereas, pursuant to the second article of the said convention, the United States have agreed that the stipulations of the said convention shall be applied to any other State of the Germanic Confederation which might subsequently declare its accession thereto : Therefore the Senate of the free Hanseatic city of Bremen accordingly hereby declares their accession to the said con- vention 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 in- serted :] And hereby expressly promises that all and every one of the arti- cles and provisions contained in the said convention shall be faith- fully observed and executed within the dominion of the free Han- seatic city of Bremen. In faith whereof the President of the Senate has executed the pres- ent declaration of accession, and has caused the great seal of Bremen to be affixed to the same. Done at Bremen the Sixth day of September, eighteen hundred and fifty-three. The President of the Senate. [seal.] Smidt. Breuls, Secretary. - “ See also Hanseatic Republics. ® Translation. 155 a^KUXSWICK AND LUNEBUDG.“ {See German Empire.) 1854. Convention Respecting the Disposition of Propertt. Concluded August 21^ 185]).; ratification advised hy the Senate with amendment March 3, 1855; ratified hy the President July 10^ 1855; ratifications exchanged July 28, 1855; -proclaimed July 30, 1855. Articles. I. Disposition of personal property. I III. Duration ; ratification. II. Disposition of real estate. I The President of the United States of America and His Highness the Dnke of Brunswick & Lnnebnrg, 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 jilenipotentiaries, to wit : the President of the United States of America, William L. Marcy, Secretary of State of the United States ; and His Highness the Duke of Brunswick and Luneburg, Dr. Julius Samson, His said Highness’ Consul at Mobile, Alabama; who, after the exchange of their full powers, found in good and due form, have agreed upon and signed the following articles: Article I. The citizens of each one of the high contracting parties shall have power to dispose of their personal property, within the jurisdiction of the other, subject to the laws of the State or country, where the domi- cil is, or the property is found, either by testament, donation, or ah intcstato, or in any other manner; and their heirs, being citizens of the other party, shall inherit all such personal estates, whether by testament or ah intestato, and they may take possession of the same, either personally or by attorney, and dispose of them as they may think proper, paying to the respective governments no other charges than those to which the inhabitants of the country in which the said jiroperty 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 pro- prietor shall have had time to take measures for possessing himself of “ The Duchy of Brunsiyick and Liineburg became a member of the North Herman Union July 1, 1867, and is now incorporated in the German Empire. loG BRUNSWICK AND LUNEBURG 1854. 157 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 the judges, of the country in which the property is situated. Article II. If, by the death of a person owning real property in the territory of one of the high contracting parties, such property should descend, either by the laws of the country, or by testamentary disposition, to a citizen of the other party, who, on account of his being an alien, could not be permitted to retain the actual possession of such property, such term as the laws of the State or country will permit shall be allowed to him to dispose of such property, and collect and withdraw the pro- ceeds thereof, without paying to the Government any other charges than those which, in a similar case, would be paid by an inhabitant of the country in which such real property may be situated. Article III. The present convention shall be in force for the term of twelve years from the date hereof ; and further, until the end of twelve months after the Government of the United States on the one part, or that of His Highness the Duke of Brunswick and Luneburg on the other, shall have given notice of its intention of terminating the same. This convention shall be ratified, and the ratification shall be ex- changed at Washington within twelve months after its date, or sooner, if possible. In faith whereof, the respective plenipotentiaries have signed the present convention, and have thereunto affixed their seals. Done at Washington, this twenty-first day of August in the year of Our Lord one thousand eight hundred and fifty-four, and of the Inde- pendence of the United States the seventy-ninth. W. L. Marcy [seal.] Julius Samson [seal.] BULGAJ^IA. 1906.“ Eeciprocity with Bulgaria. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. lAliereas the Government of the Principality of Bulgaria has taken action, extending on and after June 5, 1906, and until further notice, to the products of the soil or industry of the United States, the benefit of the Bulgarian conventional customs tariff rates, the same being the lowest rates applied by Bulgaria to the like products of any other country, by which action in the judgment of the Presi- dent reciiirocal and equivalent concessions are established in favor of the said products of the United States: Now, Therefore, be it known that I, Theodore Roosevelt, President of the United States of America, acting under the authority conferred by the third section of the Tariff Act of the United States, approved July 24, 1897, do hereby suspend, during the continuance in force of the said con- cessions by the Government of the Principality of Bulgaria, the imposition and collection of the duties imposed by the first section of said act upon the Articles hereinafter specified, being the products of the soil or industry of Bulgaria ; and do declare in place thereof the following rates of duty provided in the third section of said Act to be in force and effect on and after September 30, 1906, of which the officers and citizens of the United States will take due notice, namely : Upon argols, or crude tartar, or wine lees, crude, five per cent ad valorem. Upon brandies or other spirits manufactured or distilled from grain or other materials, one dollar and seventy five cents per proof gallon. ITpon still wines, and vermuth, in casks, thirty five cents per gallon; in bottles or jugs, per case of one dozen bottles or jugs con- iaining each not more than one quart and more than one pint, or twenty four bottles or jugs containing each not more than one pint, one dollar and twenty five cents per case, and any excess beyond these quantities found in such bottles or jugs shall be subject to a duty of four cents per pint or fractional part thereof, but no separate or additional duty shall be assessed upon the bottles or jugs. Upon paintings in oil or water colors, pastels, pen and ink draw- ings, and statuary, fifteen per centum ad valorem. " Teruiinated by the tariff act of 1909, October 31, 1909. luS BULGAKIA — 1906, 159 In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. - Done at the City of Washington this fifteenth day of September, in the year of our Lord one thousand nine hundred and six and of the Independence of the United States of America the one hundred and thirty-first. Theodore Roosevelt. By the President: Robert Bacon Acting Secretary of State. CENTRAL AMERICA. 1825.“ Convention of Peace, Amity, Commerce, and Navigation, Concluded December 5. 1825 ; ratification advised by the Senate De- cember 29, 1825; ratified by the President January 16, 1826; rati- fications exchanged August 2, 1826 ; proclaimed October 28, 1826. Articles. I. Amity. II. Most favored nation. III. Freedom of commerce and navi- gation. IV. No discrimination in tonnage duties. V. No discrimination in duties on imports and exports. VI. Reciprocal privileges in busi- ness affairs. VII. Indemnity to vessels detained. VIII. Asylum to vessels in distress. IX. Captures by pirates. X. Sbii)wrecks. XL Disposition of property. XII. Special protection. XIII. Religious freedom. XIV. Free ships, free goods. XV. Cargoes of neutrals. XI'I. Contraband goods. XVII. Trading privileges of neu- trals. XVIII. Contraband goods. XIX. Notice of blockade. XX. Visitation and search. XXI. Nationality of vessels. XXII. Vessels under convoy. XXIII. Prize courts. XXIV. Letters of marque. XXV. Reciprocal treatment of citi- zens in war. XXVI. Non confiscation of debts. XXVII. Favored nation privileges to ministers. XXVm. Consuls. XXIX. Exequatur. XXX. Privileges of consuls. XXXI. Deserters. XXXII. Consular convention. XXXIII. Ratification ; duration. The United States of America and the Federation of the Centre of America, desiring to make firm and permanent the peace and friend- ship tvhich happily prevail between both nations, have resolved to fix, in a manner clear, distinct and positiA^e, the rules which shall in future be religiously observed betiveen the one and the other, by means of a treaty, or general convention of peace, friendship, commerce and navigation. For this most desirable object, the President of the United States of America has conferred full powers on Henry Clay, their Secretai’y of State; and the Plxecutive Power of the Federation of the Centre of America on Antonio Jose Canas, a Deputy of the Constituent Na- tional Assembly for the Province of San Salvador, and Envo}'^ Ex- traordinary and Minister Plenipotentiary of that Republic near the United States; AVho, after having exchanged their said full powers in due and proper form, have agreed to the folloiving articles; “This troiUy terminated as to articles relating to commerce and navigation. August 2. l.sas. by their own limitations, and the entire treaty was abrogated by the dissolution of the Republic in 1839. IGO CENTRAL AMERICA 1825. 161 Article I. There shall be a iierfect, firm and inviolable peace and sincere friendship between the United States of America and the Federation of the Centre of America, in all the extent of their possessions and territories, and between their people and citizens, respectively, with- out distinction of persons or places. Article II. The United States of America and the Federation of the Centre of America, desiring to live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all, engage mutually not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not 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 compensation if the concession was conditional. Article III. The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries on the liberal basis of perfect equality and reciprocity, mutually agree that the citizens of each may frequent all the coasts and countries of the other, and reside and trade there, in all kinds of produce, manufac- tures 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 subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties, respectively, according to their own separate laws. Article IV. They likewise agree that whatever kind of produce, manufacture or merchandise of any foreign country can be, from time to time, law- fully 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 tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And in like manner that whatever kind of produce, manufactures or merchandise of any foreign country can be, from time to time, lawfully imported into the Central Republic, in its own vessels, may be also imported in vessels of the United States, and that no higher or other duties upon the tonnage of the vessel or her cargo, shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And they further agree that whatever may be lawfully ex- ported 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 24449— VOL 1—10 11 1G2 TREATIES, CONVENTIONS, ETC. drawbacks shall be allowed and collected, w^hether such importation or re-exjiortation be made in vessels of the United States or of the Central Republic. Article V. No higher or other duties shall be imposed on the importation into the United States of any articles, the produce or manufactures of the bVderation of the Centre of America, and no higher or other duties shall be imposed on the importation into the Federation of the Centre of America of any articles, the produce or manufactures of the United States, than are or shall be jiayable on the like articles, being the produce or manufactures of any other foreign country; nor shall any liigher or other duties or charges be imposed in either of the two countries on the exportation of any articles to the United States or to the Federation of the Centre of America, respectively, than such as are payable on the exportation of the like articles to any other for- eign country; nor shall any prohibition be imposed on the exportation or importation of any articles, the produce or manufactures of the TTnited States o-r of the Federation of the Centre of America, to or from the territories of the United States or to or from the territories of the Federation of the Centre of America, which shall not equally extend to all other nations. Article VI. It is likewise agreed that it shall be wholly free for all merchants, commanders of ships and other citizens, of both countries, to manage, themselves, their own business, in all the ports and places subject to the jurisdiction of each other, as well with respect to the consignment and sale of their goods and merchandise, by wholesale or retail, as with respect to the loading, unloading and sending off their ships; 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, merchandise or effects for any military expedition, nor for any public or private purpose whatever, without allowing to those intex’ested a sufficient indemnification. Article VIII. Vdienever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports or dominions of the other, with their vessels, whether 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 placijig themselves in a situation to continue their voyage without obstacle or hindrance of any kind. CENTRAL AMERICA 1825. 163 Article IX. All the ships, merchandise and effects belonging to the citizens of one of the contracting parties, which may be captured by pirates, whether withinthelimitsof its jurisdiction or on the high seas, and may be car- ried 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 under- stood 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. IVhen any vessel belonging to the citizens of either of the contract- ing parties shall be wrecked, foundered, or shall suffer any damage on the coasts, or within the dominions of the other, there shall be given to them all assistance and protection, in the same manner which is usual and customary with the vessels of the nation where the dam- age happens, permitting them to unload the said vessel, if necessary, of its merchandise and effects, without exacting for it any duty, impost or contribution whatever, until they may be exported. Article XI. The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament or otherwise, and their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestato, and they may take pos- session thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhab- itants of the country, wherein said goods are, shall be subject to pay in like cases. And if, in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance, on account of their character of aliens, there shall be granted to them the term of three years to dispose of the same, as they may think proper, and to withdraw the proceeds without molestation, and ex- empt 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 of each other, of all occupations, who may be in the territories, subject to the jurisdiction of the one or the other, transient or dwelling there- in, 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 tri- bunals, in all cases which may concern them, and likewise at the tak- ing of all examinations and evidence which may be exhibited in the said trials. 164 TREATIES, CONVENTIONS, ETC. Article XIII. It is likewise ap^reed that the most perfect and entire security of conscience shall he enjoyed by the citizens of both the contracting parties in 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 and of the Federation of the Centre of America 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 merchan- dise 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 juris- diction 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, contraband goods being always excepted. It is also agi'eed, in like manner, that the same liberty be extended to ]iersons who are on board a free ship, with this effect, that although they lie enemies to both or either partv, they are not to be taken out of that free ship, unless they are officers or soldiers, and in the actual service of the enemy: 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 jiowers only who recognize this jirinciple ; 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 Governments acknowledge this principle, and not of others. Article XV. It is likewise agreed that, in the case where the neutral flag of one of the contracting parties shall protect the property of the enemies of the other by virtue of the above stipulation, it shall always be un- derstood 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 CENTRAL AMERICA 1825. 165 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 con- tracting parties agree that two months having elapsed after the dec- laration, 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 ships, shall be free. Article XVI. This liberty of navigation and commerce shall extend to all kinds of merchandise excepting those only which are distinguished by the name of contraband, and under this name of contraband or prohibited goods shall be comprehended : 1st. 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 ; 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. Article XVII. 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 only those places which are at that time besieged or block- aded; 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 XVIII. The articles of contraband before enumerated and classified which may be found in a vessel bound for an enemy’s port, shall be subject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. Xo vessel of either of the two nations shall be detained on the high seas on account of having on board iirticles 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 ar- ticles be so great and of so large a bulk that they cannot be received on board the capturing ship without great inconvenience; but in this and in all other cases of just detention, the vessel detained shall be •sent to the nearest convenient and safe port, for trial and judgment, according to law. 166 TEEATIES, CONVENTIONS, ETC. Article XIX. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is 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 not contraband, be con- fiscated, unless after warning of such blockade or investment from the commanding officer of the blockading forces she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either that may have entered into such port before the same was actually be- sieged, blockaded or invested by the other, be restrained from quit- ting such place with her cargo, nor if found therein after the reduc- tion and surrender shall such vessel or her cargo be liable to confis- cation, but they shall be restored to the owners thereof. Article XX. In order to prevent all kinds of disorder in the visiting and exami- nation of the ships and cargoes of both the contracting parties on the high seas, they have agreed mutually, that whenever a vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain out of cannon shot, and may send its boat with two or three men only in order to execute the said exami- nation 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 respon- sible with their persons and property, for which purpose the com- manders of said private armed vessels shall, before receiving their commissions, give sufficient 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 whatever. Article XXI. To avoid all kinds of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to the citi- zens of the two contracting parties, they have agreed and do agree that in case one of them should be engaged 'in war, the ships and vessels belonging to the citizens of the other must be furnished with sea-letters or passports expressing the name, property and bulk of the ship, as also the name and place of habitation of the master or com- mander of said vessel, in order that it may thereby appear that the shi]) really and truly belongs to* the citizens of one of the parties; they have likewise agreed that such ships being laden, besides the said f^mletters or passports, shall also be provided with certificates containing the several particulars of the cargo and the jilace whence the ship sailed, so that it may be known Avhether any forbidden or con- traband goods be on board the same; which certificates shall be made out by the officers of the place Avhence the ship sailed in the accus- CENTRAL AMERICA 1825. 167 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 to those which sail without convoy ; and when said vessels shall be under con- voy 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 country to which the prizes may be conducted shall alone take cognizance of them. And whenever such tribunal of either party shall pronounce judgment against any vessel or goods or property claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives on which the same shall have been founded and an authenticated copy of the sentence or decree and of all the proceedings in the case shall, if demanded, be delivered to the commander or agent of said vessel without any delay, he paying the legal fees for the same. Article XXIV. Whenever one of the contracting parties shall be engaged in war with another State, no citizen of the other contracting party shall accept a commission or lettter 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. Article XXV. If, by any fatality which cannot be expected, and which God for- bid, the two contracting parties should be engaged in a war with each other, they have agreed, and do agree, now for then, that there shall be allowed the term of six months to the 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 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. 168 TBEATIES, CONVENTIONS, ETC. Article XXVI. Neither the debts due from individuals of the one nation to the individuals of the other, nor shares, nor moneys which they may have in public funds, nor in public or private banks, shall ever, in any event of war, or of national difference, be sequestered or confiscated. Article XXVII. Both the contracting parties being desirous of avoiding all inequal- ity in relation to their public communications and official intercourse, 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 under- stood that whatever favors, immunities or privileges the United States of America or the Federation of the Centre of America may find it jiroper to give to the Ministers and Public Agents of any other jiower, 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 the Federation of the Centre of America shall afford in 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, remaining at liberty to except those ports and places in which the admission and residence of such Consuls may not seem convenient. Article XXIX. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives and immunities which belong to tliem by their public character, they shall, before entering on the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited ; and having obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates and inhabitants in the con- sular district in which they reside. Article XXX. It is likewise agreed that the Consuls, their Secretaries, officers and persons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempt from all public service, and also from all kind of taxes, imposts and contribu- tions, 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 Slates. I he archives and papers of the consulate shall be respected inviolably, and under no jiretext whatever shall any magistrate seize or in any way interfere with them. CENTRAL AMERICA ^1825. 169 Article XXXI. The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention and custody of deserters from the public and private vessels of their country, and for that purpose they shall address themselves to the courts, judges and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the 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 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 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 soon hereafter as circumstances will permit them, to form a consular con- vention, which shall declare specially the powers and immunities of the Consuls and Vice-Consuls of the respective 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 navigation, have declared solemnly, and do agree to the following points : 1st. The present treaty shall remain in full force and virtue for the term of twelve years, to be counted from the day of the exchange of the ratifications, in all the parts relating to commerce and naviga- tion; 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 of either party shall infringe any of the articles of this treaty, such citizen shall be held personally responsible for the same, and the harmony and good correspondence between the two nations shall not be interrupted thereby; each party engaging in no way to protect the offender or sanction such violation. 3d. If, (which indeed cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated or in- fringed 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 in- juries 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 unreason- ably delayed. 170 TREATIES, CONVENTIONS, ETC. 4li. Nothing in this treaty contained shall, however, be construed or o^ierate contrary to former and existing public treaties with other Sovereigns or States. The present treaty of peace, amity, commerce and navigation shall be a2iproved 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 Federation of the Centre of America, and the ratifications shall be exchanged in the city of Guatemala within eight months from the date of the signature hereof, or sooner if jiossible. In faith whereof we, the PlenijDotentiaries of the United States of America and of the Federation of the Centre of America, have signed and sealed these jiresents. Done in the city of Washington on the fifth day of December, in the year of our Lord one thousand eight hundred and twenty-five, in the fiftieth year of the Independence of the United States of America, and the fifth of that of the Federation of the Centre of America, in dujilicate. [seal.] [seal.] H. Clay. Antonio Jose Canas CHILE. 1832.“ Convention of Peace, Amity, Commerce, and Navigation. Concluded May 16, 1832; ratification advised hy the Senate December 19, 1832; ratified by the President April 26, 1834; ratifications ex- changed April 29, 1834; proclaimed April 29, 1834. Akticles. I. Amity. II. Most favored nation. III. Freedom of commerce and navi- gation. IV. Reciprocal privileges in business affairs. V. Indemity for vessels detained. VI. Asylum to vessels. VII. Captures by pirates. VIII. Shipwrecks. IX. Disposition of property. X. Special protection to citizens. XI. Religious freedom. XII. Free ships, free goods. XIII. Cargoes of neutrals. XIV. Contraband goods. XV. Trading privileges of neutrals. XVI. Contraband goods. XVII. Blockade. XVIII. Visitation and search. XIX. Nationality of A-essels. XX. Vessels under convoy. XXI. Prize courts. XXII. Letters of marque. XXIII. Reciprocal treatment of citi- zens in war. XXIV. Nonconfiscation of debts and securities. XXV. Most favored nation privi- leges to ministers. XXVI. Consuls. XXVH. Exequatur. XXVIII. Privileges of consuls. XXIX. Deserters. XXX. Consular convention. XXXI. Duration ; ratification. In the name of God, Author and Legislator of the Universe. The United States of America and the Republic 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 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 and friendship, commerce and navigation. For this most desirable object, the President of the United States of America, by and with the advice and consent of the Senate thereof, has appointed and conferred full powers on John Hamm, a citizen of said States, and their Charge d’ Affaires near the said Republic ; and His Excellency the President of the Republic of Chili has appointed Senor Don Andres Bello, a citizen of the said Republic ; And the said Plenipotentiaries, after having mutually produced and exchanged copies of their fidl powers in due and proper form, have agreed upon and concluded the following articles, videlicet ; “ This treaty was terminated January 20, 1850, on notice given by the Chilean Government. Federal case; U. S. v. Turnbull (48 Fed. Rep. 94). 171 172 TREATIES, CONVENTIONS, ETC. Article I. There shall be a perfect, firm and inviolable peace and sincere friendship between the United States of America and the Republic of Chili, in all the extent of their possessions and territories, and be- tween their people and citizens, respectively, without distinction of persons or places. Article II. The United States of America and the Republic of Chili, desiring to live in peace and harmony with all the other nations of the earth, by means of a j^olicy frank and equally friendly with all, engage mutuall.v, not to grant any particular favor to other nations in re- spect 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 compensa- tion if the concession was conditional. It is understood, however, that the relations and convention which now exist, or may hereafter exist, between the Republic of Chili and the Republic of Bolivia, the federation of the Centre of America, the Republic of Colombia, the United States of Mexico, the Republic of Peru, or the United Prov- inces of the Rio 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 Republic of Chili, 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 en- joy all the rights, privileges and exemptions in navigation and com- merce, which the most favored nation does or shall enjoy, submitting themselves, nevertheless, to the laws, decre&s and usages there estab- lished. and to which are submitted the citizens and subjects of the most lavored nations. In like manner the citizens of the Republic of Chili may frequent all the coasts and countries of the I'^nited States of America, and re- side and 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 commerce and navigation Avhich 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. 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, accord- ing to their own separate laws. Article IV. It is likcAvise agreed that it shall be Avholly free for all merchants, commanders of ships and other citizens of both countries, to manage, themselves, their own business, in all ports and places subject to the CHILE — 1832. 173 jurisdiction of each other, as well with respect to the consignment and sale of their goods and merchandise, by wholesale and retail, as with respect to the loading, unloading, and sending off their ships, they being in all these cases to be treated as citizens of the country in which they reside, or at least to be placed on a footing with the citi- zens or subjects of the most favored nation. Artiol'e V. The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, merchan- dise or effects for any military expedition, nor for any 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 domin- ions 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 VII. 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 the high seas, and may be carried or found in the rivers, roads, bays, ports or dominions of the other, shall be delivered up to the owners, they proving in due and proper form their rights before the competent tribunals; it being well understood that the claim should be made within the term of one year, by the parties themselves, their attorneys, or agents of their respective Governments. Article VIII. When any vessel belonging to the citizens of either of the contract- ing parties shall be wrecked, foundered or suffer any 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, until they may be exported, unless they be destined for consumption in the country. Article IX. The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament or otherwise, and their representatives, 174 TREATIES, CONVENTIONS, ETC. being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestato^ and they may take jiossession thereof, either by themselves or others acting for them, and dispose of the same at their will, jiaying 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 be granted to them the term of three years to dispose of the same, as they may think proper, and to withdraw the proceeds without molestation and exempt from any other charges than those which may be imposed by the laws of the country. Article X. Both the contracting parties promise and engage formally to give their sjiecial protection to the persons and property of the citizens of each other, of all occupations, who may be in the territories subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial recourse on the same terms which are usual and custo- mary 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 opjiortunity 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 XI. It is likewise agreed that the most perfect and entire security of conscience shall be enjoyed by the citizens of both the contracting 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 viola- tion or disturbance. Article XII. It shall be lawful for the citizens of the United States of America and of the Republic of Chili to sail with their ships, with all 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 Avith 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 froni the places, ports and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not CHILE 1832. 175 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, 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, 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 the principle; but if either of the two contracting parties should be at war with a third, and the other neutral, the flag of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not of others. Article XIII. It is likewise agreed that in the case where the neutral flag of one of the contracting parties shall protect the property of the enemies of the other, by virtue of the above stipulation, it 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 con- tracting parties agree that, four months having elapsed after the dec- laration, their citizens shall not plead ignorance thereof. On the con- trary, if the flag of the neutral does not protect the enemy’s property, in that case the goods and merchandise of the neutral embarked in such enemy’s 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 contraband 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. 176 TREATIES, CONVENTIONS, ETC. Article XV. All other merchandise and things not comprehended in the articles of contraband explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free and lawful com- merce, so that they may be carried and transported in the freest man- ner 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 XVI. The articles of contraband, before enumerated and classified, which may be found in a vessel bound for an enemy’s port, shall be subject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. Xo 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 cajDtor, 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 judg- ment according to law. Article XVII. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is 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 not contraband, be confiscated, unless after warning of such blockade or investment from any officer commanding a vessel of the blockading forces she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Xor 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 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 I’essel having thus entered the port before the blockade took place, shall take on board a cargo after the blockade be established, she shall be subject to be warned by the blockading forces, to return to the port blockaded, and discharge the said cargo; and, if after receiving the said warning, the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as a vessel attempting to enter a blockaded port after being warned off by the blockading forces. CHILE 1832. 177 Article XVIII. In order to prevent all kinds of disorder in the visiting and ex- amination of the ships and cargoes of both the contracting parties on the high seas, they have agreed mutually, that whenever a vessel of war, public or private, shall meet with a neutral of the other con- tracting party, the first shall remain at the greatest distance compat- ible 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 commis- sions, give sufficient security to answer for all damages they may com- mit. And it is expressly agreed, that the neutral party shall in no case be required to go on board the examining vessel for the .purpose of exhibiting her papers, or for any other purpose whatever. Article XIX. To avoid all kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to the citi- zens of the two contracting parties, they have agreed and do agree, that, in case one of them shall be engaged in war, the ships and 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 or com- mander of said vessel, in order that it may thereby appear that the ship really and truly belongs to the citizens of one of the parties ; they have likewise agreed that, such ships being laden, besides the sea- letters or passports, shall also be provided with certificates containing the several particulars of the cargo, and the place whence the ship sailed, so that it may be known whether any forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the place whence the ship sailed, in the accustomed form ; without which requisites said vessel may be detained, to be ad- judged by the competent tribunal, and may be declared legal prize, unless the said defect shall be proved to be owing to accident, and be satisfied or supplied by testimony entirely equivalent. Article XX. It is further agreed that the stipulations above expressed, relative to 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 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. 24449— VOL 1—10 12 178 TREATIES, CONVENTIONS, ETC, Article XXI. It is further agreed that in all cases the established courts for prize causes, in the country to which the prizes may be conducted, shall alone take cognizance of them. And whenever such tribunal of either iiarty 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 commandant or agent of said vessel without any dela}", he paying the legal fees for the same. Article XXII. 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 co-operating hostilely with the said enemy against the said party so at war, under the pain of being treated as a pirate. Article XXIII. If, by any fatality, which cannot be expected, and which God for- bid, the two contracting parties should be engaged in a war with each other, they have agreed and do agree, now for then, that there shall be allowed the term of six months to the 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 trans- port their effects wherever they please, giving to them the safe con- duct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens of all other occupa- tions who may be established in the territories or dominions of the United States of America and of the Republic of Chili, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. Article XXIV. Neither the debts due from the individuals of the one nation to the individuals of the other, nor shares, nor money which they may have in public funds, nor in public or private banks, shall ever, in any event of war or of national difference, be sequestrated or confiscated. Article XXV. Both the contracting parties, being desirous of avoiding all in- equality in relation to their public communications and official inter- course, have agreed and do agree to gi'ant to their Envoys, Ministers and other Public Agents, the same favors, immunities and exemp- tions which those of the most favored nation do or shall enjoy; it CHILE — 1832. 179 being understood that whatever favors, immunities or privileges the United States of America or the Eepublic of Chili 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 jiarties. Article XXVI. To make more effectual the protection which the United States of America and the Eepublic of Chili shall afford in future to the navi- gation and conmierce of the citizens of each other, they agree to re- ceive and admit Consuls and Vice-Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, preroga- tives and immunities of the Consuls and Vice-Consuls of the most favored nations; each contracting party, however, remaining at lib- erty to except those ports and places in which the admission and resi- dence of such Consuls may not seem convenient. Article XXVII. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives and immunities which be- long to them, by their public character, they shall, before entering on the exercise of their functions, exhibit their commission or patent, in due form, to the Government to which they are accredited ; and, having 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 XXVIII. It is likewise agreed that the Consuls, their Secretaries, officers and persons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempt from all public service, and also from all kinds of taxes, imposts and contri- butions, 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 their respective States. The archives and papers of the consulate shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. Article XXIX. The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention and custody of de- serters from the public and private vessels of their country; and for that purpose they shall address themselves to the courts, judges and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessel’s or ship’s roll, or other public documents, that those men were part of said crews; and on this demand, so proved, (saving, however, where the contrary is proved,) the delivery shall not be refused. Such deserters, when 180 TREATIES, CONVENTIONS, ETC. 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, reck- oning from the day of their arrest, they shall be set at libertjq and shall no more be arrested for the same cause. It is understood, how- ever, that if the deserter should be found to have committed any crime or offence, his surrender may be delayed until the tribunal be- fore which the case may be depending shall have pronounced its sen- tence, and such sentence shall have been carried into effect. Article XXX. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon here- after as circumstances will permit them, to form a consular conven- tion, which shall declare, specially, the powers and immunities of the Consuls and Vice-Consuls of the respective parties. Article XXXI. The United States of America and the Eepublic of Chili, 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 naidgation, have declared solemnly, and do agree to the following points: 1st. The present treatly shall remain in full force and virtue for the term of twelve years, to be reckoned from the day of the exchange of the ratifications; and, further until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties re- serving to itself the right of giving such notice to the other at the end of said term of twelve years : and it is hereby agreed between them that^ on the expiration of one year after such notice shall have been received by either, from the other party, this treaty in all the parts relating to commerce and navigation, shall altogether cease and de- termine; and in all those jiarts 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 of either party shall infringe any of the articles of this treaty, such citizen shall be held personally responsible for the same, and the harbony and good correspondence tween the nations shall not be interrupted thereby; each party en- gaging in no way to protect the offender, or sanction such violation. 3d. If, (wliich. indeed, cannot be expected.) unfortunately, any of the articles contained in the present treaty shall be violated or in- fringed in any other way whatever, it is expressly stipulated that neitlier 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 dam- ages. verified by competent proof, and demanded justice and satis- faction, and the same shall have been either refused or unreasonably delayed. CHILE — 1832-1833. 181 4. Nothing in this treaty contained shall, however, be construed to 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 President of the Republic of Chili, with the consent and approbation of the Congress of the same; and the ratifications shall be exchanged in the City of lYashington within nine months, to be reckoned from the date of the signature hereof, or sooner if practicable. In faith whereof we, the underwritten Plenipotentiaries of the United States of America and of the Republic of Chili, have signed, by virtue of our powers, the present treaty of peace, amity, commerce and navigation, and have hereunto affixed our seals, respectively. Done and concluded, in triplicate, in the city of Santiago, this six- teenth day of the month of May, in the year of our Lord Jesus Christ one thousand eight hundred and thirty-two, and in the fifty-sixth year of the Independence of the United States of America, and the twenty-third of that of the Republic of Chili. [seal.] Jno. Hamm. [seal.] Andres Bello. 1833.“ Additional Con^’ention to the Treaty of 1832. Concluded Septemhe7' i, 1833; rati-ficatioti advised hy the Senate April 18814.; rati-fied hy the President April 26^ I83J4; ratifica- tions exchanged April 29^ 183 14; proclaimed April 29^ 188 14. Articles. I. Extension of second article to new III. Slaves. states of South America. If. Ratification duration. II. Equality of citizens before the law. ) MJiereas the time stipulated in the treaty of amity, commerce, and navigation, between the United States of America and the Republic of Chili, signed at the city of Santiago on the sixteenth day of May, 1832, for the exchange of ratifications in the city of Washington has elapsed, and it being the wish of both the contracting parties that the aforesaid treaty should be carried into effect with all the necessary solemnities, and that the necessary explanations should be mutually made to remove all subject of doubt in the sense of some of its arti- cles, the undersigned Plenipotentiaries, namely, John Hamm, a citizen of the United States of America and their Charge d’Affaires, on the jiart and in the name of the United States of America, and Senor Don Andres Bello, a citizen of Chili, on the part and in the name of the Republic of Chili, having compared and exchanged their full powers, as expressed in the treaty itself, have agreed upon the fol- lowing additional and explanatory articles: “ This treaty was terminated January 20, 1850, or notice given by the Chilean Government. 182 TREATIES, CONVENTIONS, ETC. Article I. It beiii" stipulated by the second article of the aforesaid treaty that the relations and conventions which now exist, or may hereafter exist, between the Republic of Chili and the Republic of Bolivia, the Federation of the Centre of America, the Republic of Columbia, the United States of Mexico, the Republic of Peru or the United Provinces of the Rio de la Plata, are not included in the prohibition of granting particular favors to other nations which may not be made common to the one or the other of the contracting powers; and these exceptions being founded upon the intimate connection and iden- tity of feelings and interests of the new Amei'ican States, which were members of the same political body under the Spanish dominion, it is mutually understood that these exceptions will have all the latitude which is involved in their principle; and that they will accordingly comprehend all the new nations within the ancient territory of Span- ish America, whatever alterations may take place in their constitu- tions, names or boundaries, so as to include the present States of Uru- guay and Paraguay, which were formerly parts of the ancient Vice- Royalty of Buenos Ayres, those of New Granada, Venezuela and Equador in the Republic of Colombia, and any other States which may in future be dismembered from those now existing. Article II. It being agreed by the tenth article of the aforesaid treaty that the citizens of the United States of America, personally or by their agents, shall have the right of being present at the decisions and sen- tences of the tribunals, in all cases which may concern them, and at the examination of witnesses and declarations that may be taken in their trials, and as the strict enforcement of this article may be in opposition to the established forms of the present due administration of justice, it is mutually understood that the Republic of Chili is only bound by the aforesaid stipulation to maintain the most perfect equality in this respect between American and Chilian citizens, the former to enjoy all the rights and benefits of the present or future provisions which the laws grant to the latter in their judicial tri- bunals, but no special favors or privileges. Article III. It being agreed by the twenty-ninth article of the aforesaid treaty that deserters from the public and private vessels of either party are to be restored thereto by the respective Consuls; and whereas it is declared by the article 132 of the present constitution of Chili that “ there are no slaves in Chili,” and that “ slaves touching the terri- tory of the Republic are free,” it is likewise mutually understood that the aforesaid stipulation shall not compi’ehend slaves serving under any denomination on board the public or private ships of the United States of America. Article IV. It is further agreed, that the ratifications of the aforesaid treaty of peace, amity, commerce and navigation, and of the present additional and explanatory convention, shall be exchanged in the city of Wash- CHILE 1833-1858. 183 ington within the term of eight months, to be counted from the date of the present convention. This additional and explanatory convention, upon its being duly 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 Chili, with the consent and approbation of the Con- gress of the same, and the respective ratifications mutually exchanged, shall be added to, and make a part of, the treaty of peace, amity, com- merce and navigation between the United States of America and the Eepublic of Chili, signed on the said sixteenth day of May, 1832, hav- ing the same force and effect as if it had been inserted word for word in the aforesaid treaty. In faith whereof we, the undersigned Plenipotentiaries of the United States of America and the Eepublic of Chili, have signed, by virtue of our powers, the aforesaid additional and explanatory con- A’ention, and have caused to be affixed our hands ancl seals, respec- tively. Done in the city of Santiago this first day of September, 1833, and in the fifty-eighth year of the Independence of the United States of America, and the twenty-fourth of the Eepublic of Chili. [seal.] Jno. Hamm. [seal.] Andres Bello. 1858. C0N\"ENTI0N FOR ARBITRATION OF MACEDONIAN CLAIMS. Concluded N ovemher 10^ 1868: ratlficatiou advised hy the Senate March 8, 1859; ratified hy the President August 1869; rati-fica- tions exchanged October 15, 1859; proclaimed Decmher 22, 1859. The Government of the United States of America and the Govern- ment of the Eepublic of Chili desiring to settle amicably the claim made by the former upon the latter for certain citizens of the United States of America, who claim to be the rightful owners of the silver, in coin and in bars, forcibly taken from the possession of Capt. Eliphalet Smith, a citizen of the United States of America, in the valley of Sitana, in the territory of the former Vice-Eoyalty of Peru, in the year 1821, by order of Lord Cochrane, at the time Vice-Ad- miral of the Chilian squadron, have agreed, the former to name John Bigler, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, and the latter Don Geronimo Urmeneta, Minister of State in the Department of the Interior and of Foreign Eelations, in the name and in behalf of their respective Governments, to examine said claim and to agree upon terms of arrangement just and honorable to both Governments. The aforesaid Plenipotentiaries, after having exchanged their full powers, and found them in due and good form, sincerely desiring to preserve intact and strengthen the friendly relations which happily exist between their respective Governments, and to remove all cause of difference which might weaken or change them, have agreed, in the name of the Government which each represents, to submit to the arbitration of His Majesty the King of Belgium, the pending ques- 184 TREATIES, CONVENTIONS, ETC. tioii betAveen them, respecting the legality or illegality of the above referred to capture of silver in coin and in bars, made on the ninth day of May, 1821, by order of Lord Cochrane, Vice-Admiral of the Chilian squadron, in the valley of Sitana, in the territory of the former Vice-Royalty of Peru, the proceeds of sales of merchandise imported into that country in the brig Macedonian, belonging to the merchant marine of the United States of America. Therefore the above-named Ministers agree to name His Majesty the King of Belgium as arbiter, to decide with full powers and pro- ceedings ex a^quo et bono, on the following points : First. Is, or is not, the claim which the Goveimment of the United States of America makes upon that of Chili, on account of the cap- ture of the silver mentionecl in the preamble of this convention, just in Avhole or in part ? Second. If it be just in Avhole or in part, Avhat amount is the Gov- ernment of Chili to allow and pay to the Government of the United States of America, as indemnit}" for the capture? Third. Is the Government of Chili, in addition to the capital, to alloAv interest thereon; and, if so, at what rate and from what date is intei’est to be paid ? The contracting parties further agree that his Majesty the King of Belgium shall decide the foregoing questions upon the correspondence Avhich passed betAveen the represent atiA^es of the two Go\'ernments at IVashington and at Santiago, and the documents and other proofs 2Aroduced during the controversy on the subject of this ca^iture, and iqion a memorial or argument thereon to be presented by each. Each party to furnish the arbiter Avith a copy of the corresjDondence and documents above referred to, or so much thereof as it desires to present, as Avell as aa ith its said memorial, within one year at furthest from the date at which they may respectiA^ely be notified of the ac- ceptance of the arbiter. Each jAarty to furnish the other with a list of the papers to be pre- sented by it to the arbiter, three months in adAmnce of such j^re- sentation. And if either [Aarty fail to present a copy of such jAaiAers, or its memorial, to the arbiter, Avithin the year aforesaid, the arbiter may make his decision u^Aon what shall haA'e been submitted to him Avithin that time. The contracting parties further agree that the exception of jAre- Rcription, raised in the course of controA^ersy, and AA'hich has been a subject of discussion between their resjAective Governments, shall not be considered by the arbiter in his decision, since they agree to AAuth- draAv it and exclude it from the jAresent question. Each of the GoA’ernments represented by the contracting jiai’ties is authorized to ask and obtain the acce^Atance of tlie arbiter; and both jAromise and bind themseh'es in the most solemn manner to acquiesce in and comply AA’ith his decision, nor at any time thereafter to raise any question, directly or indirectly, connected AA'ith the subject-matter of this arbiti'ation. This convention to be ratified by the Governments of the respective contracting jAarties, and the ratifications to be exchanged Avithin tAveh'e months from this date, or sooner, if jAOssible, in the city of Santiago. CHILE — 1858-1892. 185 In testimony whereof the contracting parties have signed and sealed this agreement in duplicate, in the English and Spanish lan- guages, in Santiago, the tenth day of the month of November, in the year of our Lord one thousand eight hundred and fifty-eight. [seal.] JoHisr Bigler, Envoy Extraordinary and Minister Plenipotentiary of the United States of America. [seal.] Geronimo Urmeneta, Plenipotenciario ad hoc. On May 15, 1863, the King of Belgium rendered his award award- ing $42,400 in favor of the United States. 1892. Claims Convention. Concluded August 7, 189£; ratification advised hy the Senate De- cember 8, 1892; ratified by the President December 16., 1892; rati- fications exchanged January 26., 1893; proclaimed January 28, 1893. Articles. I. Claims to be submitted; commis- sion. II. Decision. III. Appointment of new commission- ers. IV. Meeting of commissioners. V. Procedure. VI. Award. VII. Finality of decision. VIII. Presentation of claims. IX. Place of payment. X. Record; expenses. XI. Acceptance of decision. XII. Ratification. The United States of America and the Eepublic of Chile, animated by the desire to settle and adjust amicably the claims made by the citizens of either country against the government of the other, grow- ing out of acts committed by the civil or military authorities of either country, 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 of America, Patrick Egan, Envoy Extraordinary and Minister Plenipotentiary of the United States at Santiago, and the President of the Republic of Chile, Isi- dore Errazuriz, Minister of Foreign Relations of Chile; IVho, after having communicated to each other their respective full jiowers, found in good and true form, have agreed upon the fol- lowing articles : — Article I. All claims on the part of corporations, companies or private indi- viduals, citizens of the United States, upon the Government of Chile, arising out of acts committed against the persons or property of citizens of the United States not in the service of the enemies of Chile, or voluntarily giving aid and comfort to the same, by the civil or military authorities of Chile; and on the other hand, all claims 186 TREATIES, CONVENTIONS, ETC. on the part of corporations, companies or private individuals, citizens of Chile, upon the (Jovernment of the United United States, arising out of acts coinniitted against the persons or property of citizens of Chile, not in the service of the enemies of the United States, or voluntarily giving aid and comfort to the same, by the civil or mili- tary authorities of the Government of the United States, shall be referred to three Commissioners, one of whom shall be named by the President of the United States, and one by the President of the Republic of Chile, and the third to be selected by mutual accord between the President of the United States and the President of C^hile. In case the President of the United States and the President of Chile shall not agree within three months from the exchange'of the ratifications of this Convention to nominate such third Commis- sioner then said nomination of said third Commissioner shall be made by the President of the Swiss Confederation. Article II. The said Commission, thus constituted, shall be competent and obliged to examine and decide upon all claims of the aforesaid char- acter presented to them by the citizens of either country. Article III. In case of the death, prolonged absence or incapacity to serve of one of the said Commissioners, or in the event of one Commissioner omiting, or declining, or ceasing to act as such, then the President of the United States, or the President of the Republic of Chile, or the President of the Swiss Confederation, as the case may be, shall forthwith proceed to fill the vacancy so occasioned by naming another Commissioner within three months from the occurrence of the vacancy. Article IV. The Commissioners named as hereinbefore provided shall meet in the City of IVashington at the earliest convenient time within six months after the exchange of ratifications of this Convention, 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 Chile respectively ; and such declaration shall be en- tered on the record of their proceedings; Provided, however, that the concurring judgment of any two Commissioners shall be ade- quate for every intermediate decision arising in the execution 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 speci- fied in the preceding articles, and notice shall be given to the re- CHILE 1892. 187 spective Governments of the day of their organization and readiness to proceed to the transaction of the business of the Commission. They shall investigate and decide said claims in such order and in such manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of the re- spective Governments. They shall be bound to receive and consider all written documents 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 claim. Each Government shall furnish at the request of the Commissioners, or of any two of them, the papers in its possession which may be important to the just determination of any of the claims laid before the Commission. Article VI. The concurring decisions of the Commisioners, or of any two of them, shall be conclusive and final. Said decisions shall in every 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 ; and in the event of interest being allowed on such award, the rate thereof and the period for which it is to be computed shall be fixed, which period shall not extend beyond the close of the Commission; and said deci- sion shall be signed by the Commissioners concurring therein. Article VII. The High Contracting Parties hereby engage to consider the deci- sion of the Commissioners, or of any two of them, as absolutely final and conclusive upon each claim decided upon by them, and to give full effect to such decisions without any objections, evasions, or delay whatever. Article VIII. Every claim shall be presented to the Commissioners within a period of two months reckoned from the day of their first meeting for business, after notice to the respective Governments as prescribed in Article V of this Convention. Nevertheless, where reasons for delay shall be established to the satisfaction of the Commissioners, or of any two of them, the period for presenting the claim may be extended by them to any time not exceeding two months longer. The Commissioners shall be bound to examine and decide upon every claim within six months from the day of their first meeting for business as aforesaid; which period shall not be extended except only in case of the proceedings of the Commission shall be interrupted by the death, incapacity, retirement or cessation of the functions of any one of the Commissioners, in which event the period of six months 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- cide whether any claim has, or has not, been duly made, preferred, 188 TREATIES, CONVENTIONS, ETC. and laid before them, either wholly, or to any and what extent, accord- ing to the true intent and meaning of this Convention. Article IX. All sums of money which may be awarded by the Commissioners as aforesaid, shall be paid by the one Government to the other, as the case may be, at the capital of the Government to receive such pay- ment, within six 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 Chile may each appoint and employ a Secretary versed in the languages of both countries, and the Commissioners may appoint 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 compensa- tion, as near as may be, for like officers on the one side as on the other. All other ex2ienses, including the compensation of the third Commis- sioner, 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 exj^enses of the Commission, including contingent ex- penses, 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 percentum on the sum so awarded. If the whole exjienses 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 j^rovided for by this Convention as a full, perfect and final settlement of any and every claim upon either Government within the descrijotion and true meaning of Articles I and II ; and that every such claim, whether or not the same may have been j^resented to the notice of, made, ^ireferred or laid before the said Commission, shall, from and after the conclusion of the pro- ceedings of the said Commission, be treated and considered 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 Senate thereof and by the President of the Eepublic of Chile, with the con- sent and approbation of the Congress of the same, and the ratifica- tions shall be exchanged at Washington, at as early a day as may be jiossible within six months from the date hereof. CHILE 1892. 189 In testimony whereof the respective Plenipotentiaries have signed the present Convention, in the English and Spanish languages, in duplicate, and hereunto affixed their respective seals. Done at the city of Santiago the seventh day of August, in the year of our Lord one thousand eight hundred and ninety-two. [seal.] Patrick Egan, [seal.] Isidoro Errazuriz. On April 9, 1894, the Commission provided for in the foregoing treaty, awarded $240,504.35 in faAmr of the United States for its citizens. 1896. COPYRIGHT. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas it is provided by section 13 of the act of Congress of March 3, 1891, entitled “An Act to amend title sixty, chapter three, of the Revised Statutes of the United States, i-elating to copyrights,” that said act “ shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substan- tially the same basis as its own citizens; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agree- ment the United Stales of America may, at its pleasure, become a party to such agreement And whereas it is also provided by said section that “ the existence of either of the conditions aforesaid shall be determined by the Presi- dent of the United States by proclamation made from time to time as the purposes of this act may require And whereas satisfactory official assurances have been given that in the Republic of Chile the law permits to citizens of the United States of America the benefit of copyright on substantially the same basis as to the citizens of that Rejiublic : Now, therefore, I, Grover Cleveland, President of the United States of America, do declare and proclaim that the first of the con- ditions specified in section 13 of the act of March 3, 1891, now exists and is fulfilled in respect to the citizens of the Republic of Chile. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this twenty-fifth day of May, one thousand eight hundred and ninety-six and of the [seal.] Independence of the United States the one hundred and twentieth. Grover Cleveland. By the President: Richard Olney, Secretary of State. 190 TREATIES, CONVENTIONS, ETC. 1897. Claims Protocol. ADJUSTMENT OF CLAIM OF PATRICK SHIELDS. Signed at ashing ton May 1897. Protocol in regai\l to the claim of Patrick Shields against the Gov- ernment of Chile. The Honorable John Sherman, Secretary of State of the United States of America, and the Honorable Domingo Gana, Envoy Extraor- dinary and Minister Plenipotentiary of Chile, being desirous to give a friendly and equitable solution to the claim of Patrick Shields, have agreed on the following: The Government of Chile by equitable considerations will allow to the heirs of Patrick Shields a compensation of three thousand five hundred dollars, and this amount shall be delivered for that purpose to the Honorable Secretary of State of the United States within a jieriod of four months from this date. This agreement is subject to the acceptance of the Congress of Chile, from which the necessary amount is to be requested. The allowance of the said amount of three thousand five hundred dollars in the manner before mentioned, will imply the final and comjilete settlement of the claim of Patrick Shields, and the said claim may not be presented at any other time, or in any other form. In witness whereof the Honorable Secretary of State and the Hon- orable Minister of Chile sign the present agreement, in duplicate, in the English and Spanish languages, in "Washington, the 2I:th day of May one thousand eight hundred and ninety-seven. John Sherman Domingo Gana 1897. Convention to Revive the Convention of August 7, 1892, to Ad- just Amicably the Claims of Citizens of Either Country Against the Other. Signed at YV ashington., May 1897 ; ratifi-cation with amendment advised hy the Senate., Fehrnary 28, 1899; ratified hy the President, March 1, 1899; ratifications exchanged, March 12, 1900; proclaimed, March 12, 1900. Articles : I. Revival of convention of 1829. I II. Ratification. The Convention between the United States of America and the Republic of Chile, signed August 7, 1892, having expired, and the Commission thereunder established to adjust amicably the claims made by the citizens of either country against the Government of the other having failed, through limitation, to conclude its task, leaving certain claims duly presented to the said commission unadjudicated, the Government of the United States of America and the Government of the Republic of Chile, desiring to remove every cause of difference CHILE — 1897. 191 in the friendly relations that happily exist between the two Nations, have agreed to revive the said convention of August 7, 1892, and for that purpose have named as their Plenipotentiaries, to wit : The President of the United States of America, the Honorable John Sherman, Secretary of State of the United States; and The President of the Republic of Chile, Senor Don Domingo Gana, Envoy Extraordinary and Minister Plenipotentiary of Chile in the United States of America : Who have agreed upon the articles following: Article I. The High Contracting Parties agree to revive the Convention of August 7, 1892, between the United States of America and the Re- public of Chile, and that the commission thereunder created shall be allowed for the ti’ansaction of its business a period of four months, to be reckoned from the day of its first meeting for business, and con- forming, in other respects, with the provisions of the second para- graph of Article VIII of the said Convention. Nevertheless, if the period of four months before stipulated shall prove insufficient for the settlement of the claims, the Commissioners are authorized to extend, at their discretion, such period to one or two months more. It is expressly stipulated that this article shall in no wise extend or change the period designated by the first paragraph of Article VIII of the said Convention for the presentation of claims ; so that the new Commission shall be limited to considering the claims duly presented to the former Commission in conformity with the terms of the Convention and with the Rules that governed its labors, except- ing claim No. 7, of the North and South American Construction Com- pany, which was subsequently withdrawn, a direct and final settle- ment thereof having been arrived at by the interested parties. Article II. The present convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the Republic of Chile, with the approbation of the National Congress thereof, and the ratifica- tions shall be exchanged at Washington, at as early a day as possible. In testimony whereof we have signed the present convention in the English and Spanish languages, in duplicate, affixing thereto our respective seals, the Plenipotentiary of Chile declaring that he signs the same “ ad referendum ”. Done at the city of Washington, the 24th day of May in the year of Our Lord eighteen hundred and ninety-seven. John Sherman [l. s.] Domingo Gana [l. s.] The United States and Chilean claims commission appointed under the convention of May 24, 1897, met on June 15, 1900, and adjourned June 18, 1901, awarding $28,062.29 gold, without interest, in favor of the United States and $3,000 gold, without interest, in favor of Chile. 192 TREATIES, CONVENTIONS, ETC. 1900. Extradition Treaty. Concluded April 17, 1900; ratif cation advised lay Senate December 18, 1900; ratijied by President May 21, 1902; ratif cations exchanged May 27, 1902; proclaimed May 27, 1902. Articles. I. Delivery of accused. II. Extraditable crimes. III. Procedure. IV. Provisional detention. V. Nondelivery of citizens. VI. Political offenses. VII. Limitations. VIII. Prior offenses. IX. Property seized with fugitive. X. Persons claimed by other coun- tries. XL Expenses. XII. Ratification ; duration. The United States of America and the Republic of Chile, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice between the United States of America and the Rejiublic of Chile, and have appointed for that purpose the following Plenipotentiaries : The President of the United States of America, Henry L. Wilson, Envoy Extraordinary and Minister Plenipotentiary of the United States in Chile, and the President of Chile, Senor Don Rafael Erra- zuriz Urnieneta, Minister of Foreign Relations of Chile. Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and con- cluded the following articles : Article I. The Government of the United States and the Government of Chile mutually agree to deliver up persons who, having been charged with or convicted of any of the crimes and offenses specified in the following article, committed within the jurisdiction of one of the con- tracting parties, shall seek an asylum or be found within the territo- ries 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 or offense had been there committed. Article II. Extradition shall be granted for the following crimes and offenses; 1. Murder, comprehending assassination, parricide, infanticide, and poisoning; attempt to commit murder; manslaughter, when vol- untary. 2. Arson. 3. Robliery, defined to be the act of feloniously and forcibly taking from tbe person of another money, goods, documents or other prop- erty by violence or putting him in fear; burglary. CHILE 1900. 193 4. Forgery, or the utterance of forged papers; the forgery or falsification of official acts of Government, of public authorities, or of courts of justice, or the utterance of the thing forged or falsified. 5. The counterfeiting, falsifying or altering of money, whether coin or paper, or of instruments of debt created by national, state, provincial, or municipal governments, or of coupons thereof, or of bank notes or the utterance or circulation of the same ; or the counter- feiting, falsifying or altering of seals of state. 6. Embezzlement by public officers ; embezzlement by persons hired or salaried, to the detriment of their employers ; where in either class of cases the embezzlement exceeds the sum of two hundred dollars; larceny. 7. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, or other person acting in a fiduciary capacity, or director or member or officer of any company, when such act is made criminal by the laws of both countries and the amount of money or the value of the property misappropriated is not less than two hundred dollars. 8. Perjury; subornation of perjury. 9. Rape; abduction; kidnapping. 10. Willful and unlawful destruction or obstruction of railroads which endangers human life. 11. Crimes committed at sea. (a) Piracy, by statute or by the laws of nations. (b) Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master. (c) Wrongfully sinking or destroying a vessel at sea, or attempt- ing to do so. (cl) Assaults on board a ship on the high seas with intent to do grievous bodily harm. 12. Crimes and offenses against the laws of both countries for the suppression of slavery and slave trading. Extradition is also to take place for participation in any of the crimes and offenses mentioned in this Treaty, provided such partici- pation may be punished, in the United States as a felony, and in the Republic of Chile by imprisonment at hard labor. Article III. Requisitions for the surrender of fugitives from justice shall be made by the diplomatic agents of the contracting parties, or in the absence of these from the country or its seat of government, may be made by the superior consular officers. If the person whose extradition is requested shall have been con- victed of a crime or offense, a duly authenticated copy of the sentence of the court in which he was convicted, or if the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime has been committed, and of the depositions or other evidence upon which such warrant was issued, shall be produced. The extradition of fugitives under the provisions of this Treaty shall be carried out in the United States and in the Republic of Chile, respectively, in conformity with the laws regulating extradition for the time being in force in the state on which the demand for surrender is made. 24449 — VOL 1 — 10 13 194 TREATIES, CONVENTIONS, ETC. Article IV. Vliere the arrest and detention of a fugitive are desired on tele- graphic or other information in advance of the presentation of for- mal proofs, the projier course in the United States shall be to apply to a judge or other magistrate authorized to issue warrants of arrest in extradition cases and present a complaint on oath, as provided by the statutes of the United States. When, under the provisions of this article, the arrest and detention of a fugitive are desired in the Republic of Chile, the proper course shall be to apply to the Foreign Office, which will immediately cause the necessary steps to be taken in order to secure the provisional arrest or detention of tlie fugitive. The provisional detention of a fugitive shall cease and the prisoner be released if a formal requisition for his surrender, accompanied by the necessary evidence of his criminality has not been produced under the stipulations of this Treaty, within two months from the date of his provisional arrest or detention. Article V. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stijiulations of this Treaty. Article VI. A fugitive criminal shall not be surrendered if the offense in re- spect of which his surrender is demanded be of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offense of a political character. No person surrendered by either of the high contracting parties to the other shall be triable or tried, or be punished, for any political crime or offense, or for any act connected therewith, committed pre- viously to his extradition. If any question shall arise as to whether a case comes within the provisions of this article, the decision of the authorities of the govern- ment on which the demand for surrender is made, or which may have granted the extradition, shall be final. Article VII. Extradition shall not be granted, in pursuance of the provisions of this Treaty if legal proceedings or the enforcement of the penalty for tlie act committed by the person claimed has become barred by limi- tation, according to the laws of the country to which the requisition is addressed. Article VIII. No person surrendered by either of the high contracting parties to the other shall, without his consent, freely granted, and publicly de- clared by him, be triable or tried or be punished for any crime or offense committed prior to his extradition, other than that for which he was delivered up, until he shall liaA^e had an opportunity of return- ing to the country from which he was surrenderee',. CHILE 1900. 195 Article IX. All articles seized which are in the possession of the person to be surrendered at the time of his apprehension, whether being the pro- ceeds of the crime or offense charged, or being material as evidence in making proof of the crime or offense, shall, so far as practicable and in conformity with the laws of the respective countries, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to such articles shall be duly respected. Article X. If the individual claimed by one of the high contracting parties, in pursuance of the present Treaty, shall also be claimed by one or several other powers on account of crimes or offenses committed within their respective jurisdictions, his extradition shall be granted to the state whose demand is first received : Provided, that the gov- ernment from which extradition is sought is note bound by treaty to give preference otherwise. Article XI. The expenses incurred in the arrest, detention, examination, and delivery of fugitives under this Treaty shall be borne by the state in whose name the extradition is sought : Provided, that the demanding government shall not be compelled to bear any expense for the serv- ices of such public officers of the government from which extradition is sought as receive a fixed salary ; And, provided, that the charge for the services of such public officers as receive only fees or perquisites shall not exceed their customary fees for their acts or services per- formed by them had such acts or services been performed in ordinary criminal proceedings under the laws of the country of which they are officers. Article XII. The present treat}'^ shall take effect on the thirtieth day after the date of the exchange of ratifications, and shall not operate retro- actively. The ratifications of the present Treaty shall be exchanged at Wash- ington as soon as possible, and it shall remain in force for a period of six months after either of the contracting governments shall have given notice of a purpose to terminate it In witness whereof, the respective Plenipotentiaries have signed the above articles, both in the English and Spanish languages, and have hereunto affixed their seals. Done in duplicate, at the city of Santiago, this l7th day of April 1900. Henry L Wilson [seal.] R. Errazuriz Urmeneta. [seal.] CITIXA, [Note. — The treaty as to commercial relations, concluded October 8, 1903, Article XVII, provides: “It is agreed * * * that all the 2:>rovisions of the several treaties between the United States and China which were in force on the 1st day of January, 1900, are con- tinued in full force and effect, except in so far as they are modified hy the present treaty or other treaties to which the United States is a partyU'] 1844.“ Treaty of Peace, Amity, and Commerce. Concluded July 3, ISflf; ratification advised hy the Senate January 16, 18If5; ratified hy the President January 17, 1845; ratif cations exchanged December 31, 1845; proclaimed April 18, 1846. Articles. I. Peace and amity. II. Import and export duties. III. Open ports. IV. C’onsular officers. V. Commerce. VI. Tonnage duties. VII. I’assenger and cargo boats. VIII. Pilots, etc. IX. Custom-house officers. X. t'essels arriving in China. XI. Ascertainment of duties. XII. Standard weights and meas- ures. XIII. Payment of duties. XIV. Transshipment of goods. XV. Idl)erty to trade. XVI. Collection of debts. XVII. Privileges of open ports. XVIII. Chinese teachers, etc. XIX. Protection to United States citizens. The United States of America and the Ta Tsing Empire, desiring to establish firm, lasting and sincere friendship between the two nations, have resolved to fix, in a manner clear and positive, by means of a treaty or general convention of peace, amity and commerce, the rules which shall in future be mutually observed in the intercourse of their res])ective countries: For which most desirable object the President of the United States has conferred full powers on their Commissioner, Caleb Cushing, Envoy Extraordinary and Minister Plenipotentiary of the United "The treaties of .lime IS and November 8, 1858, substituted so far as the pro- visions reiate to identical subjects, for treaty of 1814. 19G XX. Reexportation. XXI. Punishment for crimes. XXII. Trade with China in case of war. XXIII. Reports by consuls. XXIV. Communication with officials. XXV. Right of United States citi- zens. XXVI. Merchant vessels in Chinese waters. XXVII. Shipwrecks. XXVIII. Embargo. XXIX. Control over seamen. XXX. Official correspondence. XXXI. Communications. XXXII. Naval vessels in Chinese waters. XXXIII. Clandestine trade. XXXIV. Duration ; ratification. CHINA 1844. 197 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 fol- lowing articles: Article I. There shall be a perfect, permanent and universal peace and a sincere and cordial amity, between the United States of America on the one part, and the Ta Tsing Empire on the other part, and between their people respectively, without exception of persons or places. Article II. Citizens of the United States resorting to China for the purposes of commerce will pay the duties of import and export prescribed in the tariff, which is fixed and made a part of this treaty. They shall, in no case, be subject to other or higher duties than are or shall be required of the people of any other nation whatever. Fees and charges of every sort are wholly abolished, and officers of the revenue, who may be guilty -of exaction, shall be punished according to the laws of China. If the Chinese Government desire to modify, in any respect, the said tariff, such modifications shall be made only in con- sultation with Consuls or other functionaries thereto duly authorized in behalf of the United States, and with consent thereof. And if additional advantages or privileges, of whatever description, be con- ceded hereafter by China to any other nation, the United States, and the citizens thereof, shall be entitled thereupon to a complete, equal and impartial participation in the same. Article III. The citizens of the United States are permitted to frequent the five ports of Kwang-chow, Amoy, Fuchow, Ningpo and Shanghai, and to reside with their families and trade there, and to proceed at pleasure with their vessels and 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 them. But said vessels shall not unlawfully enter the other ports of China, nor carry on a clandestine and fraudulent trade along the coasts thereof. And any vessel belonging to a citizen of the United States which violates this provision shall, with her cargo, be subject to confiscation by the Chinese Government. Article IV. For the superintendence and regulation of the concerns of citizens of the United States doing business at the said five ports, the Govern- ment of the United States may appoint Consuls or other officers at the same, who shall be duly recognized as such by the officers of the Chinese Government, and shall hold official intercourse and corre- spondence with the latter, either personal or in writing, as occasion 198 TREATIES, CONVENTIONS, ETC. may require, on terms of equality and reciprocal respect. If dis- respectfully treated or aggrieved in any way by the local authorities, said officers on the one hand shall have the right to make representa- tion of the same to the superior officers of the Chinese Government, who will see that full inquiry and strict justice be had in the prem- ises ; and, on the other hand, the said Consuls will cai’efully avoid all acts of unnecessaiy oti'ence to, or collision with, the officers and people of China. Article V. At each of the said five ports, citizens of the United States lawfully engaged in commerce shall be permitted to import from their own or any other ports into China, and sell there and 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 herein- before established, and no other charges whatsoever. Article VI. Vdienever anj' merchant vessel belonging to the United States shall enter either of the said five jiorts for trade, her papers shall be lodged with the Consul or person charged with affairs, who will report the same to the commissioner of customs ; and tonnage duty shall be paid on said vessel at the rate of five mace per ton, if she be over one hun- hundred and fifty tons burden; and one mace per ton if she be of the burden of one hundred and fifty tons or under, according to the amount of her tonnage as specified in the register; said payment to be in full of the former charges of measurement and other fees, which are wholly abolished. And if any vessel, which having anchored at one of the said ports, and there paid tonnage duty, shall have occa- sion to go to ani^ 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 customs, who, on the departure of the said ves- sel, 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 jiort the said vessel will only pay duty there on her cargo, but shall not be subject to the payment of tonnage duty a second time. Article VII. No tonnage duty shall be required on boats belonging to citizens of the United States, employed in the conveyance of passengers, bag- gage, letters and articles of provision, or others not subject to duty, to or from any of the five ports. All cargo boats, however, conveying merchandise 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 jiort ; and, when the lawful duties have all been CHINA 1844. 199 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, seamen and persons for whatever necessary service, for a reasonable com- pensation, to be agreed on by the parties, or settled by aiiplication 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 see fit, appoint custom-house officers to guard said vessels, who may live on board the ship or their own boats, at their convenience; but pro- vision for the subsistence of said officers shall be made by the superin- tendent of customs, and they shall not be entitled to any allowance from the vessel or owner thereof; and they shall be subject to suitable punishment for any exaction practiced by them in violation of this regulation. Article X. Whenever a merchant vessel belonging to the United States shall cast anchor in either of said ports, the supercargo, master or con- signee, will, within forty-eight hours, deposit the ship’s papers in the hands of the Consul or person charged with affairs of the United States, who will cause to be communicated to the superintendent of customs a true report of the name and tonnage of such vessel, the names of her men, and of the cargo on board ; which being done, the superintendent will give a permit for the discharge of her cargo. And the master, supercargo or consignee, if he proceed to discharge the cargo without such permit, shall incur a fine of five hundred dollars; and the goods so discharged without permit shall be subject to forfeiture to the Chinese Government. But if the master of any vessel in port desire to discharge a part only of the cargo, it shall be lawful for him to do so, paying duty on such part only, and to pro- ceed with the remainder to any other ports. Or, if the master so desire, he may, within forty-eight hours after the arrival of the vessel, but not later, decide to depart without break- ing 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 pro- ceed to discharge cargo, when he will pay the duties on vessel and cargo, according to law. And the tonnage duties shall be held to be due after the expiration 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, appoint suitable officers, who shall proceed, in the presence of the captain, supercargo or consignee, to make a just and fair examination of all goods in the act of being discharged for importation or laden for exportation on board any merchant vessel of the United States. And if dispute occur in regard to the value of goods subject to ad valorem duty, or in regard to the amount of tare, and the same cannot 200 TREATIES, CONVENTIONS, ETC. be satisfactorily arranged by the parties, the question may, within twenty-four hours, and not afterwards, be referred to the said Con- sul to adjust with the suiierintendent of customs. Article XII. Sets of standard balances, and also weights and measures, duly prepared, stamped and sealed, according to the standard of the cus- tom-house at Canton, shall be delivered by the superintendents of customs to the Consuls at each of the five jiorts, to secure uniformity, and j^revent confusion in measures and weights of merchandise. Article XIII. The tonnage duty on vessels belonging to citizens of the United States shall be paid on their being admitted to entry. Duties of im- port shall be paid on the discharge of the goods, and duties of export on the lading of the same. When all such duties shall have been paid, and not before, the superintendent of customs shall give a port-clear- ance, 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 be- half. Duties payable by merchants of the United States shall be received either in sycee silver or in foreign money, at the rate of ex- change 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. Xo goods on board any merchant vessel of the United States in port are to be transshipped to another vessel, unless there be particu- lar occasion therefor ; in which case the occasion shall be certified by the Consul to the superintendent of customs, who may appoint offi- cers to examine into the facts, and permit the transshipment. And if any goods be transshijiped without such application, inquiry and per- mit, 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 Canton by the Government, and commonly called Ilong-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 Avithout distinc- tion ; they shall not be subject to any neAv limitations, nor impeded in their business by monopolies or other injurious restrictions. Article XVI. The Chinese Government will not hold itself responsible for any debts which may happen to be due from subjects of China to citizens of the United States, or for frauds committed by them ; but citizens CHINA — 1844. 201 of the United States may seek redress in law ; and on suitable repre- sentation being made to the Chinese local authorities through the Con- sul, 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 indemni- fied according to the old system of the co-hong, so-called. And if citizens of the United States be indebted to subjects of China, the latter may seek redress in the same way through the Consul, but without any responsibility for the debt on the part of the United States. Article XVII. Citizens of the United States residing or sojourning at any of the ports open to foreign commerce shall enjoy all proper accommoda- .tion in obtaining houses and places of business, or in hiring sites from the inhabitants on which to construct houses and places of business, and also hospitals, churches and cemeteries. The local authorities of the two Governments shall select in concert the sites for the fore- going 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 ex- orbitant 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 seamen or others sojourning there, may pass and repass in the immediate neighborhood ; but they shall not at their pleasure make excursions into the country among the villages at large, nor shall they repair to public marts for the purpose of disposing of goods unlawfully and in fraud of the revenue. And, in order to the preservation of the public peace, the local offi- cers of the Government at each of the five ports shall, in concert with the Consul, define the limits beyond which it shall not be lawful for citizens of the United States to go. Article XVIII. It shall be lawful for the officers or citizens of the United States to employ scholars and people of any part of China, without dis- tinction of persons, to teach any of the languages of the empire, and to assist in literary labors; and the persons so employed shall not, for that cause, be subject to 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 good will with the subjects of China, shall receive and enjoy, for them- selves and everything appertaining to them, the special protection of the local authorities of Government, who shall defend them from all 202 TREATIES, CONVENTIONS, ETC. insult or injury of any sort on the part of the Chinese. If their dwellings or their property be threatened or attacked by mobs, in- cendiaries or other violent or lawless persons, the local officers, on recpiisition of the Consul, will immediately despatch a military force to disperse the rioters, and will apprehend the guilty individuals, and imnish them with the utmost rigor of the law. Article XX. Citizens of the United States who may have imported merchandise into any of the free ports of China, and paid the duty thereon, if they desire to re-export the same, in part or in whole, to any other of the said ports, shall be entitled to make 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 jDaid on such goods, as entered on the custom-house books, correspond with the representation made, and that the goods remain with their original marks unchanged, and shall then make a memorandum in the port-clearance of the goods, and the amount of duties paid on the same, and deliver the same to the merchant ; and shall also certify the facts to the officers of cus- toms of the other ports. xVll 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 examina- tion the superintendent of customs shall detect any fraud on the revenue in the case, then the goods shall be subject to forfeiture and confiscation to the Chinese Government. Article XXI. Subjects of China who may be guilty of any criminal act towards citizens of the United States shall be arrested and punished by the Chinese authorities according to the laws of ‘China; and citizens of the United States who may commit any crime in China shall be subject to be tried and punished only by the Consul, or other public functionary of the United States, thereto authorized, according to the laws of the United States. And in order to the prevention of all controversy and disaffection, justice shall be equitably and impar- tially administered on both sides. Article XXII. Relations of peace and amity between the United States and China being established by this treats, and the vessels of the United States being admitted to trade freely to and from the five jDorts of China open to foreign commerce, it is further agreed that in case., at any time hereafter, China should be at war with any foreign nation what- ever, 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 jiorts of the belligerent parties, full CHINA — 1844, 203 respect being paid to the neutrality of the flag of the United States : Provided that the said flag shall not protect vessels engaged in the transportation of officers or soldiers in the enemy’s service ; nor shall said flag be fraudulently used to enable the enemy’s ships with their cargoes to enter the ports of China ; but all such vessels so offending shall be subject to forfeiture and confiscation to the Chinese Govern- ment. Article XXIII. The Consuls of the United States, at each of the five ports open to foreign trade, shall make annually to the respective Governors Gen- eral thereof a detailed report of the number of vessels belonging to the United States which have entered and left said ports during the year, and of the amount and value of goods imported or exported in said vessels, for transmission to and inspection of the board of revenue. Article XXIV. • 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, to determine if the language be proper and respectful, and the matter just and right; in which event he shall transmit the same to the appropriate authori- ties for their consideration and action in the premises. In like man- ner, 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 States and subjects of China, which cannot 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. Article XXV. All questions in regard to rights, whether of property or person, arising between citizens of the United States in China, shall be subject to the jurisdiction of, and regulated by the authorities of their own Government. And all controversies occurring in China between citizens of the United States and the subjects of any other Government shall be regulated by the treaties existing between the United States and such Governments, respectively, without inter- ference on the part of China. Article XXVI. Merchant vessels of the United States lying in the waters of the five ports of China open to foreign commerce will be under the juris- diction of the officers of their own Government ; who, with the mas- ters and owners thereof, will manage the same without control on the part of China, For injuries done to the citizens or the commerce 204 TREATIES, CONVENTIONS, ETC. of the United States by any foreign power, the Chinese Government will not hold itself bonnd to make reparation. But if the merchant vessels of the United States, Avhile within the waters over which the Chinese Government exercise jurisdiction, be plundered by robbers or 2iirates, then the Chinese local authorities, civil and military, on receiving information thereof, Avill arrest the said robbers or pirates, and punish them according to law, and will cause all the property which can be recovered, to be placed in the hands of the nearest Con- sul, or other officer of the United States, to be by him restored to the true owner. But if, by r'eason of the extent of territory and numer- ous jDopulation of China, it should, in any case, happen that the robbers cannot be apprehended, or the property only in part recov- ered, then the law will take its course in regard to the local authori- ties, but the Chinese Government will not make indemnity for the goods lost. Article XXVII. If any vessel of the ITnited States shall be wrecked or stranded on the coast of China, and be subjected to plunder or other damage, the proper officers of Government, on receiving information of the fact, 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 the five ports, and shall enjoy all facilities for obtaining supplies of provisions 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 jiersons 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 detained for any pretence of the public service; but they shall be suffered to prosecute their commerce in quiet, and without molesta- tion or embarrassment. Article XXIX. The local authorities of the Chinese Government will cause to be apprehended all mutineers or deserters from on board the vessels of the United States in China, and will deliver them up to the Consuls or other officers 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 be under the superintendence of the appropriate officers of their Government. If individuals of either nation commit acts of vio- lence and disorder, nse arms to the injury of others, or create disturb- ances 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. CHINA — 1844. 205 Article XXX. The superior authorities of the United States and of China in cor- responding together shall do so in terms of equality and in the form of mutual communication, {chau-hwui). The Consuls and the local officers, civil and military, in corresiionding together shall likewise employ the style and foiun of mutual communication, {chau-hwui) AAdien' 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 an}^ terms or style be suffered which shall be offensive or disrespectful to either party. And it is agreed 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. Article XXXI. Communications from the Government of the United States to the Court of China shall be transmitted through the medium of the Im- perial Commissioner charged with the superintendence of the con- cerns of foreign nations with China, or through the Governor-Gen- eral of the Liang Kwang, that of Min and Cheh, or that of the Liang Kiang. Article XXXII. Mdienever ships of war of the United States in cruising for the protection of the commerce of their country shall arrive at any of the ports of China, the commanders of said ships and the superior local authorities of Government shall hold intercourse together in terms of equality and courtesy in token of the friendly relations of their respective nations. And the said ships of war shall enjoy all suit- able facilities on the part of the Chinese Government in the purchase of provisions, procuring water and making repairs if occasion re- quire. Article XXXIII. Citizens of the United States who shall attempt to trade clandes- tinely with such of the ports of China as are not open to foreign com- merce, or who shall trade in opium or any other contraband articles of merchandise, shall be subject to be dealt with by the Chinese Gov- ernment without being entitled to any countenance or protection from that of the United States; and the United States will take measures to prevent their flag from being abused by the subjects of other na- tions as a cover for the violation of the laws of the Empire. Article XXXIV. When the present convention shall have been definitely 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 maj'^ show that inconsiderable modifications are requisite in those parts which relate to commerce and navigation; in which case the two Governments will, at the expiration of twelve years from the date of said convention, treat amicably concerning the same,' 20G TREATIES, CONVENTIONS, ETC. by the means of suitable persons appointed to conduct such negotia- tion. And vhen ratified this treaty shall be faithfully observed in all its parts by the United States and China and by every citizen and sub- ject of each. And no individual State of the United States can ap- jioint or send a minister to China to call in question the provisions of the same. The present treaty of peace, amity, and commerce, shall be ratified and approved by the President of the United States, by and with the advice and consent of the Senate thereof, and by the August Sover- eign of the Ta Tsing Empire, and the ratifications shall be ex- changed within eighteen months from the date of the signature there- of, or sooner if possible. In faith whereof we, the respective Plenipotentiaries of the United States of America and of the Ta Tsing Empire as aforesaid, have signed and sealed these presents. Done at Wang Hiya, this third day of July, in the year of our Lord Jesus Christ one thousand eight hundred and forty-four, and of Taoukwang the twenty-fourth year, fifth month and eighteenth day. [seal.] C. Cushing. [seal.] Tsiyeng, (in Manclni language.') The tariff of duties to he levied on imported and exported merchan- dise at the five ports. The duties which it is asreed shall be paid upon goods imported and exported by the United States, at the cnstoin-honses of Canton, Amoy, Fuehow, Ningpo, and Shanghai, are as follows, the articles being arranged in classes, viz : EXPORTS. Class 1. — Alum, oils, d-c. “ T. M. C. Alum, i. e., white alum, formerly white alum and bluestone, per 100 catties 0 10 Anise-seed oil, not formerly contained in the tariff, per 100 catties 5 0 0 Cassia buds, not formerly contained in the tariff, per 100 catties 10 0 Class 2. — Teas, spices, dc. Tea, formerly divided into fine and native black, and fine and native green teas, per 100 catties 2 5 0 Anise-seed, star, per 100 catties 0 5 0 Musk, each catty 0 5 0 Class 3. — Drugs. Capoor cutchery, per 100 cattles 0 3 0 Camphor, per 100 catties 15 0 Arsenic, under different Chinese names, per 100 catties 0 7 5 Cassia, per 100 catties 0 7 5 Cassi.-i buds, not formerly contained in the tariff, per 100 catties 10 0 China root, per 100 catties 0 2 0 Cubebs, not formerly in tariff, per 100 catties 15 0 (lalingal, per 100 catties 0 10 Ilartall. i)er 100 catties 0 5 0 Rhubarb, per 100 catties 10 0 Turmeric, per 100 catties 0 2 0 “ Taels, mace and caudareeus. CHINA 1844. 207 Class 4. — Sundries. “T. M. C. Bangles, not formerly in the tariff, per 100 catties 0 5 0 Bamboo screens and bamboo ware, per 100 catties 0 2 0 Corals, native or false corals, not formerly in the tariff, per 100 cat- ties 0 5 0 Crackers, and fire-works formerly classed as rockets, per 100 catties 0 7 5 Fans, (feather fans, &c,,) not formerly in the tariff, per 100 catties 10 0 Glass, glass ware of all kinds, formerly classed as native ci'ystal ware, per 100 catties 0 5 0 Glass beads, or false pearls, per 100 catties 0 5 0 Kittisols, or paper umbrellas, per 100 catties 0 5 0 Marble, marble slabs, not formerly in the tariff, per 100 catties 0 2 0 Rice-paper pictures, per 100 catties 0 10 Paper fans, per 100 catties 0 5 0 Pearls, (false,) not formerly in the tariff, per 100 catties 0 5 0 Class 5. — Painters' stores, dc. Brass leaf, per 100 catties 15 0 Gamboge, per 100 catties 2 0 0 Red lead, per 100 catties 0 5 0 Glue, as fish glue, cowhide glue, &c., per 100 cattles 0 5 0 Paper, stationery, per 100 catties 0 5 0 Tin foil, per 100 catties 0 5 0 Vermilion, per 100 catties 3 0 0 Paintings, (large paintings,) formerly divided into large and small paintings, each 0 10 White lead, per 100 catties 0 2 5 Class 6. — Wares of various kinds. Bone and horn ware, per 100 catties 10 0 China ware, fine and coarse, formerly classed as fine, native, coarse and middling, per 100 catties 0 5 0 Copper ware and pewter ware, per 100 catties 0 5 0 Manufactures of wood, furniture, &c., per 100 catties 0 2 0 Ivory ware, all carved ivory work included, formerly divided into ivory and ivory carvings, per 100 catties 5 0 0 Lacquered ware, per 100 catties 10 0 Mother-of-peari ware, per 100 catties 10 0 Rattan ware, rattan and bamboo work, per 100 catties 0 2 0 Sandal-wood ware, per 100 catties 10 0 Gold and silver ware, formerly divided into gold ware and silver ware, per 100 catties 10 0 0 Tortoise-shell ware, per 100 catties 10 0 0 Leather trunks and boxes, per 100 catties 0 2 0 Class 7. — Canes, &c. Canes or walking sticks of all kinds, per 1,000 pieces 0 5 0 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 100 catties 0 5 0 Boots and shoes, whether of leather, satin or otherwise, per 100 catties 0 2 0 Class 9. — Fabrics of hemp, cotton, &c. Grass-cloth, and all cloths of hemp or linen, per 100 catties 10 0 Nankeen, and all cloths of cotton, formerly not in the tariff, per 100 catties 10 0 “Taels, mace and candareens. 208 TREATIES, CONVENTIONS, ETC. Class 10. — Silk, fabrics of silk, dc. “T. M. C. Raw silk of any province, per 100 catties 10 0 0 Coarse or refuse silk, per 100 catties 2 0 0 Organzine of all kinds, per 100 catties 10 0 0 Silk ribOon and thread, per 100 catties 10 0 0 Silk and satin fabrics of all kinds, as craiie, lutestring, &c., &c., for- merly classed as silks and satins, per 100 catties 12 0 0 Silk and cotton mixed fabrics, per 100 catties ■ 3 0 0 Heretofore a further charge per piece has been levied ; the whole duty is now to be paid in one sum, and the further charge is abolished. Class 11. — Carpeting, matting, dc. Mats of all kinds, as of straw, rattan, bamboo &c., per 100 catties 0 2 0 Class 12. — Preserves, dc. Preserved ginger and fruits of all kinds, per 100 catties 0 5 Soy, per 100 catties 0 4 Sugar, white and brown, per 100 catties 0 2 Sugar candy, all kinds, per 100 catties 0 3 Tobacco, prepared and unprepared, &c., of all kinds, per 100 catties 0 2 Class 13. — Vnenumerated articles. All articles which it has not been practicable to enumerate herein specifically 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, dc. Wax, foreign, as beeswax, also called tile wax, per 100 catties 10 0 Oil-of-rose mallows, per 100 catties 10 0 Saltpetre, foreign, per 100 catties , 0 3 0 This article is only allowed to be sold to the Government mer- chants; formerly this regulation did not exist. Soaps, foreign, as perfumed soap, per 100 catties 0 5 0 Class 2. — Spices and perfumes. Gum benzoin and oil of benzoin, per 100 catties 10 0 Sandal wood, per 100 catties 0 5 0 I’epper, black, per 100 catties 0 4 0 All other articles of this class not specifically mentioned herein, to pay a duty of ten per cent, ad valorem. Perfumery, five per cent, ad valorem. Class 3. — Drugs. Asafnetida, per 100 catties 10 0 Camphor, superior quality, i. e., pure, formerly classed as good and inferior, per catty 10 0 Camphor, inferior quality or refuse, formerly uncleaned camphor, per catty 0 5 0 Cloves, superior quality, picked, per 100 catties 15 0 " Taels, mace and caudareens. O O iO O O CHINA — 1844. 209 »T. M. C. Cloves, inferior quality, (mother cloves,) per 100 catties 0 5 0 Cow bezoar, per catty 10 0 Cutch, per 100 catties 0 3 0 Gambier, per 100 catties 0 15 Areca nut, per 100 catties 0 15 Ginseng, foreign, superior quality, &c., per 100 catties 38 0 0 Ginseng, inferior quality, &c., per 100 catties 3 5 0 Of every buudred catties of foreign ginseng of whatsoever sort, oiie-flftb part is to be considered as of superior quality, and four- fifths of inferior. Gum olibanum, per 100 catties 0 5 0 Myrrh, per 100 catties 0 5 0 Mace, or flower of nutmeg, per 100 catties 10 0 Quicksilver, per 100 catties 3 0 0 Nutmegs, first quality, per 100 catties 2 0 0 Nutmegs, second quality, or coarse, per 100 catties 10 0 Putcbuk, per 100 catties 0 7 5 Rhinoceros horns, per 100 catties 3 0 0 Class 4. — Sundrie.oots, leather or satin, per one hundred pairs 3 0 0 0 Shoes, straw, per one hundred pairs 0 18 0 Silk, raw and thrown, per 100 catties 10 0 0 0 Silk, yellow, from Szechuen, per 100 catties 7 0 0 0 Silk, reeled from Dui)ions, per 100 catties 5 0 0 0 Silk, wild raw, per 100 catties 2 5 0 0 Silk, refuse, per 100 catties 10 0 0 Silk, cocoons, per 100 cattles 3 0 0 0 Silk, floss. Canton, per 100 catties 4 3 0 0 Silk, floss, from other provinces, per 100 catties 10 0 0 0 Silk, ribbons and thread, per 100 catties 10 0 0 0 Silk, i)iece goods, pongees, shawls, scarfs, crape, satin, gauze, velvet and embroidered goods, per 100 catties 12 0 0 0 Silk, piece goods, Szechuen aud Shantung, per 100 catties 4 5 0 0 CHINA — 1858. 229 T. M. C. C. Silk, tassels, per 100 catties 10 0 0 0 Silk caps, per hundred 0 9 0 0 Silk and cotton mixtures, per 100 catties 5 5 0 0 Silver and gold ware, per 100 catties 10 0 0 0 Snuff, per 100 catties 0 8 0 0 Soy, per 100 catties 0 4 0 0 Straw braid, per 100 catties 0 7 0 0 Sugar, br wn, per 100 ca'Ces 0 12 0 Sugar, white, per 100 catties 0 2 0 0 Sugar, candy, per 100 catties 0 2 5 0 Tallow, animal, per 100 catties 0 2 0 0 Tallow, vegetable, per 100 catties 0 3 0 0 Tea, per 100 catties 2 5 0 0 Tin-foil, per 100 catties 12 5 0 Tobacco, prepared, per 100 catties 0 4 5 0 Tobacco, leaf, per 100 catties 0 15 0 Tortoise-shell ware, per catty 0 2 0 0 Trunks, leather, per 100 catties 15 0 0 Turmeric, per 100 catties 0 10 0 Twine, hemp. Canton, per 100 catties 0 15 0 Twine, hemp, Soochow, per 100 catties 0 5 0 0 Turnips, salted, per 100 catties 0 18 0 Varnish, or crude lacquer, per 100 catties 0 5 0 0 Vermicelli, per 100 catties 0 18 0 Vermillion, per 100 catties 2 5 0 0 Wax, white or insect, per 100 catties 15 0 0 Wood, piles, poles and joists, each 0 0 3 0 Wood ware, per 100 catties 115 0 Wool, per 100 catties 0 3 5 0 [SEAL.] William B. Reed. ' Rule I. Vnenumerated goods. Articles not enumerated in the list of exports, but enumerated in the list of imports, when exported, shall pay the amount of duty set against them in the list of imports; and similarly, articles not enumerated in the list of imports, but enumerated in the list of exports, when imported, will pay the amount of duty set against them in the list of exports. Articles not enumerated 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. Rule II. Duty-free goods. Gold and silver bullion, foreign coins, flour, Indian-meal, sago, biscuit, pre- served meats, and vegetables. Cheese, butter, confectionery. Fcreigu clothing, jewelry, plated ware, perfumery, soap of all kinds. Charcoal, firewood, candles, (foreign,) tobacco, (foreign,) cigars, (foreign.) Wine, beer, spirits, household stores, ships’ stores, personal baggage, station- ery, cariieting, druggeting, cutlery, foreign medicines and glass and crystal ware. The above commodities pay no import or export duty; but, if transported into the interior, will, with the exception of personal baggage, gold and silver bul- lion, 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 (nersnnal 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. 230 TREATIES, CONVENTIONS, ETC. Rule III. Contraband goods. Import and ex|)ort 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 equal to one hundred and thirty-three and one-third pounds avoir- dupois, and the length of a cJtang of ten Chinese feet to be equal to one hundred and forty-one English inches. One Chinese chih is held to equal fourteen and one-tenth inches English, and four yards English, less three inches, to equal one chang. Rule V. Regarding certain commodities heretofore contraband. The restrictions affecting trade in opium, cash, grain, pulse, sulphur, brim- stone, 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 will be carried into the interior by Chinese only, and only as Chinese property ; the foreign trader will not be allowed to accom- pany 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 Enited States going into the interior to trade or paying transit-duties, shall not extend to the arti- cle of opium, the transit-duties ou which will be arranged as the Chinese Gov- ernment see tit ; nor in future revisions of the tariff is the same rifle of revision to be applied to opium as to other goods. 2. Copper-cash. — The export of cash to any foreign port is prohibited; but it shall be lawful for citizens of the United States to ship it at one of the open ports of China to another on compliance with the following regulation: The shipper shall give notice of the amount of cash he desires to ship, and the port of its destination, and shall bind himself, either by a bond with two sufB- cient sureties, or by depositing such other security as may lie 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 affix his seal; or, failing the pro- duction of the certificate, to forfeit a sum equal in value to the cash shipjied. Cash will pay no duty inwards or outwards, but a freight, or part freight of cash, though no other cargo be on board, will render the vessel carrying it liable to tonnage dues. 3. The export of rice and all other grains whatsoever, native or foreign, no matter where grown or whence imported, to any foreign port, is prohiliited ; 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 •security as cash, on payment at the port of shipment of the duty specified in the tariff. No import duty siiall be levyable upon rice or grain, but a freight or part freight of rice or grain, though no other car.go be ou board, will render the vessel importing it liable to tonnage dues, 4. Pulse. — The export of pplse and bean cake from Tang-Chau, and Xin- Chwang, under the American flag is prohibited. From any of the other open l)orts they may be shipped, on payment of the tariff duty, either to other ports of China or to foreign countries. 5. Saltpetre, sulphur, brimstone and spelter, being deemed by the Chinese to be munitions of war, shall not be imported by citizens of the United States save at the requisition of the Chinese Government, or for sale to Chinese duly authorized to purchase them. No permit to land them shall be issued until the customs have proof that the necessary authority has been given to the pur- chaser. It shall not be lawful for citizens of the United States to carry these 231 iVIl'J' "iO 1 56 Fifth cominodlties up the Yang-tsz-Kiaug, or into any port other than those open on 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. Infractions of the conditions, as above set forth, under which trade in opium, cash, grain, pulse, sulphur, brimstone, saltpetre and spelter may be hencefor- ward carried on, will be punishable by confiscation of all the goods concerned. Rule VI. Liability of vessels entering port. For the prevention of misunderstanding, it is agreed that American vessels must be reported to the Consul within twenty-four hours, counting from the time the vessel comes within the limits of the port, and that the same rule be 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, compatibly with due protection of the revenue; also, the limits of the anchorages within w’hich lading and discharging are permitted by the customs, and the same shall be notified to the Consuls for public information. Rule VII. Transit-dues. It is agreed that the amount of transit-dues legally levyable upon merchan- dise imported 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 cent, ad valorem, as provided in No. II. of these rules. Merchandise shall be cleared of its transit dues under the following regula- tions : In the case of imports. Notice being given at the port of entry from which the imports 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 to which they are bound, with all other necessary particulars, the collector of customs shall, on due inspection made, and on receipt of the transit duty due, issue a transit duty certificate. This must be produced at every barrier station, and viseed. No further duty will be levyable upon imports so certificated, no matter how distant the place of their destination. 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 the amount of the produce, and the port at which it is to be shipped, will be deposited there by the person in charge of the produce. He will then receive a certificate, which must be exhibited and viseed at every barrier on his way to the port of shipment. On the arrival of the produce at the barrier nearest the port notice must be given to the customs at the port, and the transit dues due thereon being paid it will be passed. On exportation the produce will pay the tariff duty. Any attempt to pass goods inward or outward, otherwise than in compliance with the rule here laid down, will render them liable to confiscation. Unau- thorized sale in transitu of goods that have been entered as above for 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 refused by the customs until the transit dues shall have been paid. Rule VIII. Trade with the eapital. It is agreed that no citizen of the United States shall have the privilege of entering the capital city of Peking for the purpose of trade. 232 TREATIES, CONVENTIONS, ETC. Rule IX. Abolition of the rneltage fee. It is agreed that the percentage of one tael, two mace hitherto charged, in excess of duty payments, to defray the expenses of melting by the Chinese Government, shall no longer be levied on citizens of the United States. Rule X. Collection of duties under one system at all ports. It being, by treaty, at the option of the Chinese Government to adopt what means appear to it best suited to protect its revenue accruing on American trade, it is agreed that one uniform system shall he enforced at every port. The high officer appointed by the Chinese Government to superintend foreign trade will accordingly, from time to time, either himself visit, or will send a deputy to visit, the different ports. The said high officer will be at liberty of his own choice, 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 administration 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 maintenance of which shall be provided for out of the tonnage dues. The Chinese Government will adopt what measures it shall find requisite to prevent smuggling up the Yang-tsz-Kiaug, when that river shall be open to trade. [seal.] William B. Reed. 1858.“ Claims Convention. Concluded November 8, 1858; ratification advised hy the Senate March i, 1859; ratified hy the President March 3, 1859; ratifica- tions exchanged August 15., 1859. Articles. I. Liquidation of claims of American citizens. 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 satis- faction of claims of American citizens, by which it was agreed that one-fifth of all tonnage, import and export-duties, payable on Ameri- can shi2is and goods shi^iped in American vessels at the jiorts of Can- ton, Shanghai, and Fuh-chau, to an amount not exceeding six hundred thousand taels, should be apjilied to that end; and the Plenijiotentiary of the United States, actuated by a friendly feeling towards China, is willing, on behalf of the United States, to reduce the amount needed for such claims to an aggregate of five hundred fhousand taels, it is now exjiressly agreed by the high contracting ^larties in the form of a suinilementary convention, as follows: Article I. That on the first day of the next Chinese year the collectors of cus- toms at the said three jicrts shall issue debentures to the amount of “ See uote concerning all treaties with China, page 198. CHINA 1858, 233 five hundred thousand taels, to be delivered to such persons as may be named by the Minister or chief diplomatic officer of the United States in China, and it is agreed that the amount shall be distributed as follows: Three hundred thousand taels at Canton, one hundred thousand taels at Shanghai, and one hundred thousand taels at Fuh- chau, which shall be received in payment of one-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. Reed, Envoy Extraordinary and Minister Plenipotentiary, and on the part of the Ta Tsing Em- pire, 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, Clas- sigal Reader at Banquets, President of the Board of Civil Office, Cap- tain-General of the Bordered Blue Banner Division of the Chinese Bannermen, both of them Plenipotentiaries, with Ho-Kwei-tsing, Governor-General of the two Kiang Provinces, President of the Board of War, and Guardian of the Heir- Apparent ; Mingshen, President of the Ordnance Office of the Imperial Household, with the Insignia of the Second Grade ; and Twan, a titular President of the Fifth Grade, member of the Establishment of the General Council, and one of the junior under Secretaries of the Board of Punishments, all of them special Imperial Commissioners deputed for the purpose, have signed and sealed these presents. Done at Shanghai, this eighth day of November, in the year of our Lord one thousand eight hundred and fifty-eight, and of the Inde- pendence of the United States the eighty-third, and in the eighth year of Heinfung, the tenth month and third day. [seal.] William B. Reed. [seal.] Kweiliang. Hwashana. Ho-Kwei-tsing. Mingshen. Twan. Under the foregoing convention $735,238.97 was paid to the United States minister and a commission appointed to decide upon the claims. The commission awarded claimants $489,187.95, and the Chinese Government refusing to receive the surplus it was finally transmitted to the United States and invested in government bonds. From this fund there was paid out by the Secretary of State for claims against China $281,319.64, and on April 24, 1885, the balance, amounting to $453,400.90, was returned to the Chinese minister at Washington. 234 TREATIES, CONVENTIONS, ETC. 1868.« Treaty of Trade, Consuls, and Emigration. Concluded Jxdy 28^1868 ; ratification advised by the Senate with amend- ments July 2Jf, 1868; amendments hicorporated in the treaty July 28, 1868; ratified by the President, October 19, 1868; ratifications exchanged November 23, 1869; proclaimed February 5, 1870. Articles. I. Jurisdiction over laud in China. II. Regulation of commerce. III. Chinese consuls. IV. Religious freedom. V. Voluntary emigration. VI. Privilegesof travel and residence. VII. Education. VIII. Internal improvements in China. Whereas since the conclusion of the treaty between the United States of America and the Ta Tsing Empire (China) of the eight- eenth of June, 1858, circumstances have arisen showing the necessity of additional articles thereto, the President of the United States and the Augirst Sovereign 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 Emperior of China, Anson Burlingame, accredited as his Envoy Extraordinary and Minister Plenipotentiary, 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: Article I. His Majesty the Emiieror of China, being of the opinion that, in making concessions to the citizens or subjects of foreign powers of the privilege of residing on certain tracts of land, or resorting 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 concessions 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 jiroperty 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 See Treaty of June 18, 1S5S, and Treaty of October 8, 1903. Also, see note as to all treaties with China, page 19G. Federal cases: Chae Chan Ping v. U. S. tl30 U. S., 581), Ex parte Eau Ow Bew (141 U. S., 583), Lau Ow Bew v. U. S. (144 U. S., 47), Fong Yue Ting v. U. S. (149 U. S., 698), In re Ah Fong (5 Sawy., 144), Chapman v. Toy Long (4 Sawy., 28), BaRer v. Portland (5 Sawy., 566), In re Wong Yung Quy (6 Sawy., 237, 442), In re Ah Chong (6 Sawy., 451), In re Parrott (1 Fed. Rep., 481), U. S. v. Douglas (17 Fed. Rep., 634). CHINA 1868. 235 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 con- strued 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. Article II. The United States of America and His Majesty the Emperor of China, believing that the safety and prosperity of commerce will 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 subject to the discretion of the Chinese Government and may be regulated by it accordingly, but not in a manner or spirit incompatible with the treat}’^ stipulations of the parties. Article III. The Emperor of China shall have the right to appoint Consuls at ports of the United States, who shall enjoy the same privileges and immunities as those which are enjoyed by public law and treaty in the United States by the Consuls of Great Britain and Russia, or either of them. Article IV. The twenty-ninth article of the treaty of the eighteenth of June, 1858, having stipulated for the exemption of Christian citizens of the United States 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 subjects 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 worship in either country. Cemeteries for sepulture of the dead, of whatever nativity or nationality, shall be held in respect and free from disturbance or profanation. Article 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 advantage of the free mi- gration and emigration of their citizens and subjects respectively from the one country to the other for purposes of curiosity, of trade or as permanent residents. The high contracting parties therefore join in reprobating any other than an entirely voluntary emigration for these purposes. They consequently agreed to pass laws making it a penal otfence for a citizen of the United States or Chinese sub- jects 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, respectively. 236 TEEATIES, CONVENTIONS, ETC. 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 subjects visit- ing or residing in the United States shall enjoy the same privileges, 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 naturalization upon citizens of the United States in China, nor upon the subjects of Cliina 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 Government of China; and, reciprocally, Chinese subjects shall enjoy all the priv- ileges 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. Article VIII. The United States, always disclaiming and discouraging all prac- tices of unnecessary dictation and intervention by one nation in the affairs or domestic administration of another, do hereby freely dis- claim and disavow any intention or right to intervene in the domestic administration of China in regard to the construction of railroads, telegrajihs or other material internal improvements. On the other hand. His Majesty the Emperor of China reserves to himself the right to decide the time and manner and circumstances of introducing such improvements within his dominions. With this mutual under- standing, it is agreed by 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 em- pire, and shall make apnlication to the United States or any other western power 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 propert}'^ 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-eighth day of July, in the year of our Lord, one thousand eight hundred and sixty-eight. [seal.] William H. Seward. Anson Burlingame. Chih-Kang. Sun Chia-Ku. [seal.] CHINA 1880. 237 1880. Immigration Treaty.® Concluded November 17^ 1880 ; ratification advised by the Senate May 5, 1881; ratified by the President May 9, 1881; ratifications ex- changed July 19^ 1881; 'proclaimed October 5, 1881. Articles. I. Suspension of Cbinese immigra- tion. II. Rights of Chinese in the United States. III. Protection of Chinese in the United States. IV. Notification of legislation; ratifi- cation. lYliereas, in the eighth year of Ilsien 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 Chili, Anno Domini 1868, certain supplementary articles to the advantage of both parties, which supplementary articles were to be perpetually observed and obeyed : — and lAdiereas 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 F. Swift, of Cali- fornia, and William Henry Trescot, of South Carolina as his Com- missioners Plenipotentiary; and His Imperial Majesty, the Emperor of China, has appointed Pao Chiin, a member of His Imperial Majesty’s Prii^ Council, and Superintendent of the Board of Civil Office; and Li Hungtsao, a member of His Imperial Majesty’s Privy Council, as his Commissioners Plenipotentiary; and the said Commissioners 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. “ See note as to all treaties with China, page 196 ; also treaty of 1894. Federal -cases : Chew Heong v. U. S. (112 U. S., 536), Tick Wo v. Hopkins (118 U. S., 356), Baldwin v. Franks (120 U. S., 678), U. S. v. Jung Ah Lung (124 U. S., 621), Chae Chan Ping v. U. S. (130 U. S., 581), Wan Shing v. U. S. (140 U. S., 424), Ex parte Lau Ow Bew (141 U. S., 583), Lau Ow Bew v. U. S. (144 U. S., 47), Fong Yue Ting v. U. S. (149 U. S., 648), In re Ah Kee (22 Blatch., 520), In re Ah Lung (9 Sawy., 306), In re Leong Yick Dew (10 Sawy., 38), In re Ah Quan (10 Sawy., 222), In re Shong Toon (10 Sawy., 268), In re Ah Moy (10 Sawy., 345), In re Chew Heong (10 Sawy., 361), In re Quong Woo (13 Fed. Rep., 229), Case of Chinese Merchant (13 Fed. Rep., 605), In re Moncan (14 Fed. Rep., 44), In re Ho King (14 Fed. Rep., 724), U. S. v. Douglass (17 Fed. Rep., 634), In re Chin Ah On (18 Fed. Rep., 506), In re Pong Ah Chee (18 Fed. Rep., 527), In re Tung Yeong (19 Fed. Rep.. 184), Case of Chinese Wife (21 Fed. Rep., 785), Case of Chinese Laborer (21 Fed. Rep., 791), In re Ah Ping (23 Fed. Rep., 329), In re Chae Chan Ping (36 Fed. Rep., 431), In re Chung Toy Ho (42 Fed. Rep., 398), U. S. v. Ah Fawn (57 Fed. Rep., 591), U. S. v. Yonk Yew (83 Fed. Rep., 832). 238 TREATIES, CONVENTIONS, ETC. Article I. AMienever in the opinion of the Government of the United States, the coming of Chinese laborers to the United States, or their residence therein, atfects or threatens to affect the interests of that country, 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 regulate, limit, or suspend such coming or residence, but may not absolutely 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 immigration, and immigrants shall not be subject to personal maltreatment or abuse. Article II. Chinese subjects, whether jiroceeding to the United States as teachers, students, merchants or from curiosity, together with their body and household servants, and Chinese laborers who are 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, im- munities and exemptions which are accorded to the citizens and sub- jects of the most favored nation. Article III. If Chinese laborers, or Chinese of any other class, now either per- manently or temporarily residing in the territory of the United States, meet with ill treatment at the hands of any other 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 enjoyed by the citi- zens or subjects of the most favored nation, and to which they are entitled by treaty. Article IV. The high contracting Powers having agreed upon the foregoing articles, whenever the Government of the United States shall adopt legislative measures in accordance therewith, such measures will be communicated to the Government of China. If the measures as en- acted are found to work hardship upon the subjects of China, the Chinese Minister at IVashington may bring the matter to the notice of the Secretar}^ of State of the United States, who will consider the subject with him; and the Chinese Foreign Office 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 unqualified 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 j’^ear from date of its execution. CHINA — 1880. 239 Done at Peking, this seventeenth day of November, in the year of our Lord, 1880. Kuanghsii, sixth year, tenth moon, fifteenth day. [seal.] James B. Angell. [seal.] John F. Savift. [seal.] Wm. Henry Trescot. [seal.] Pao Chun. [seal.] Li Hungtsao. 1880.“ Treaty as to Commercial Intercourse and Judicial Procedure. Concluded November 17^ 1880; ratification advised by the Senate May J, 1881 ; ratified by the President May 9, 1881; ratifications exchanged July 19^ 1881; proclaimed October 5, 1881. Articles. I. Commercial relations. I III. Equality of duties. II. Importation of opium forbidden. | IV. Trials of actions in China. The President of the United States of America and His Imperial Majesty the Emperor of China, because of certain points of incom- pleteness in the existing treaties between the two governments, have named as their commissioners plenipotentiary, that is to say : The President of the United States, James B. Angell of Michigan, John F. Swift of California, and William Henry Trescot of South Carolina ; His Imperial Majesty, the Emperor of China, Pao Chiin, a member of His Imperial Majesty’s privy council and Superintendent of the board of civil office, and Li Hungtsao, a member of His Imperial Majesty’s privy council, who have agreed upon and concluded the following additional articles : Article I. The Governments of the United States and China, recognizing the benefits of their past commercial relations, and in order still further to promote such relations between the citizens and subjects of the two powers, mutually 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 and undertake that Chinese subjects shall not be permitted to import opium into any of the ports of the United States ; and citi- zens 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 sell opium in any of the open ports of China. This absolute prohibition, which extends to “ See note as to all treaties with China, page 196. 240 TREATIES, CONVENTIONS, ETC. 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 trans- portation 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 subjects of either power as against the provisions of this article. Article III. His Imperial Majesty the Emperor of China hereby promises and agrees that no other kind or higher rate of tonnage dues, or duties for imiDorts or exports, or coastwise trade shall be imposed or levied in the open ports of China upon vessels wholly belonging to citizens of the United States; or upon the produce, manufactures or mer- chandise imported in the same from the United States; or from any foreign country; or upon the produce, manufactures or 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 another, than are imposed or levied on vessels or cargoes of any other nation 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 imposed or levied in the ports of the United States upon vessels wholly be- longing 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 for- eign port, to any of the open ports of China ; or upon the produce, manufactures cr 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 tonnage-dues or duties on imports, exports or coastwise trade; cr than are imposed or levied on vessels and cargoes of citizens of the United States. Article IV. Wlien controversies arise in the Chinese Empire between citizens of the United States and subjects of His Imperial Majesty, which need to be examined and decided by the public officers of the two nations, it is agreed between the Governments of the United States and China that such cases shall be tried by the proper olficial of the nationality of the defendant. The properly authorized official of the plaintiff’s nationality shall be freely pei’mitted to attend the trial and shall be treated* with the courtesy due to his position. He shall be granted all proper facilities for watching the proceedings 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 dissatis- fied with the proceedings, he shall be permitted to protest against them in detail. The law administered will be the law of the nation- ality 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 CHINA — 1880-1894. 241 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. [seal.] James B. Angell. [seal.] John F. Savift. [seal.] Wm. Henry Trescot. [seal.] Pao Chun. [seal.] Li Hungtsao. 1894.“ Convention Regulating Chinese Immigration.*' Concluded March i7, 1894; ratification advised hy the Senate August 13^ 1894; ratified hy the President August 1894; ratifications exchanged December 7, 1894; proclaimed December 8, 1894- .Articles. I. Immigration of Chinese laborers prohibited for ten years. II. Regulations for return to the United States. III. Classes of Chinese not affected. IV. Protection of Chinese in the United States. V. Registration of citizens in China. VI. Duration. IVliereas, on the day of November A. D. 1880, and of Kwanghsii, the sixth year, tenth moon, fifteenth day, a Treaty was concluded between the United States and China for the purpose of regulating, limiting, or suspending the coming of Chinese laborers to, and their residence in, the United States; And whereas the Government of China, in view of the antagonism and much deprecated and serious disorders to which the presence of Chinese laborers has given rise in certain parts of the United States, desires to prohibit the emigration of such laborers from China to the United States; And whereas the two Governments desire to co-operate in prohibit- ing such immigration, and to strengthen in other ways the bonds of friendship between the two countries; And whereas the two Governments are desirous of adopting recip- rocal measures for the better protection of the citizens or subjects of each within the jurisdiction of the other; Now, therefore, the President of the United States has appointed Walter Q. Gresham, Secretary of State of the United States, as his Plenipotentiary, and His Imperial Majesty, the Emperor of China has appointed Yang Yii, OlRcer of the second rank, Sub-Director of the Court of Sacrificial Worship, and Envoy Extraordinary and Min- ister Plenipotentiary to the United States of America, as his Pleni- “This treaty terminated December 7, 1904, on notice given by the Chinese Government. '•Lin Hop Feng v. U. S. (209 U. S., 453), U. S. v. Chun Hoy (11 Fed. Rep., 899), In re Yung (111 Fed. Rep., 998), U. S. v. Lee (113 Fed. Rep., 465), In re Ong Lung (125 Fed. Rep., 814), Hong Wing v. U. S. (142 Fed. Rep., 128). 24449— VOL 1—10 16 242 TREATIES, CONVENTIONS, ETC. potentiary; and the said Plenipotentiaries having exhibited their respective Full Powers found to be in due and good form, have agreed upon the following articles: Article I. The High Contracting Parties agree that for a period of ten years, beginning with the date of the exchange of the ratifications of this Convention, the coining, exce^Dt under the conditions hereinafter specified, of Chinese laborers to the United States shall be absolutely prohibited. Article II. The preceding Article shall not apply to the return to the United States of any registered Chinese laborer who has a lawful wife, child, or parent in the United States, or property therein of the value of one thousand dollars, or debts of like amount due him and pending settlement. Nevertheless every such Chinese laborer shall, before leaving the United States, deposit, as a condition of his return, with the collector of customs of the district from which he departs, a full description in writing of his family, or property, or debts, as afore- said, and shall be furnished by said collector with such certificate of his right to return under this Treaty as the laws of the United States may now or hereafter prescribe and not inconsistent with the pro- visions of this TreaU; and should the written description aforesaid be jiroved to be false, the right of return thereunder, or of continued residence after return, shall in each case be forfeited. And such right of return to the United States shall be exercised within one year from the date of leaving the United States; but such right of return to the United States may be extended for an additional period, not to exceed one year, in cases where by reason of sickness or other cause of dis- ability beyond his control, such Chinese laborer shall be rendered unable sooner to return — which facts shall be fully reported to the Chinese consul at the port of departure, and by him certified, to the satisfaction of the collector of the port at which such Chinese subject shall land in the United States. And no such Chinese laborer shall be permitted to enter the United States by land or sea without producing to the proper officer of the customs the return certificate herein required. Article III. The provisions of this Convention shall not affect the right at pres- ent enjoyed of Chinese subjects, being officials, teachers, students, merchants or travellers for curiosity or pleasure, but not laborers, of coming to the United States and residing therein. To entitle such Chinese subjects as are above described to admission into the United States, they may produce a certificate from their Government or the Government where they last resided visGl by the diplomatic or con- sular rejiresentative of the United States in the country or port whence they dejiart. It is also agreed that Chinese laborers shall continue to enjoy the privilege of transit across the territory of the United States in the CHINA 1894. 243 course of their journey to or from other countries, subject to such regulations by the Government of the United States as may be neces- sary to prevent said privilege of transit from being abused. Article IV. In pursuance of Article III of the Immigration Treaty between the United States and China, signed at Peking on the 17‘*' day of Novem- ber, 1880, (the 15^** day of the tenth month of Kwanghsii, sixth year) it is hereby understood and agreed that Chinese laborers or Chinese of any other class, either permanently or temporarily residing in the United States, shall have for the protection of their persons and property all rights that are given by the laws of the United States to citizens of the most favored nation, excepting the right to become naturalized citizens. And the Government of the United States reaf- firms its obligation, as stated in said Article III, to exert all its power to secure protection to the persons and property of all Chinese sub- jects in the United States. Article V. The Government of the United States, having by an Act of the Congress, approved May 5, 1892, as amended by an Act approved November 3, 1893, required all Chinese laborers lawfuly within the limits of the United States before the passage of the first named Act to be registered as in said Acts provided, with a view of affording them better protection, the Chinese Government will not object to the enforcement of sucb acts, and reciprocally the Government of the United States recognizes the right of the Government of China to enact and enforce similar laws or regulations for the registration, free of charge, of all laborers, skilled or unskilled, (not merchants as defined by said Acts of Congress), citizens of the United States in China, whether residing within or without the treaty ports. And the Government of the United States agrees that within twelve months from the date of the exchange of the ratifications of this Con- vention, and annually, thereafter, it will furnish to the Government of China registers or reports showing the full name, age, occupation, and number or place of residence of all other citizens of the United States, including missionaries, residing both within and without the treaty ports of China, not including, however, diplomatic and other officers of the United States residing or travelling in China upon official business, together with their body and household servants. Article VI. This Convention shall remain in force for a period of ten years beginning with the date of the exchange of ratifications, and, if six months before the expiration of the said period of ten years, neither Government shall have formally given notice of its final termination to the other, it shall remain in full force for another like period of ten years. In faith whereof, we, the respective plenipotentiaries, have signed this Convention and have hereunto affixed our seals. Done, in duplicate, at Washington, the 17**^ day of March, A. D. 1894. Walter Q. Gresham [seal.] Yang Yu. [seal.] 244 TREATIES, CONVENTIONS, ETC. 1899. Open-door Policy in China. Message from the President of the United States, transmitting a report from the Secretary of State, with copies of correspondence with various foreign governments concerning American commer- cial rights in China. To the House of Re presentatives : In resjionse to the resolution of the House of Representatives of March 24, 1900, reading as follows: Whereas the commercial community of the United States is deeply interested in ascertaining the conditions which are to govern trade in such parts of the Chinese Empire as are claimed by various foreign powers to be within their “ areas of interest ; ” and Whereas bills are now pending before both Houses of Congress for the dis- patch of a mission to China to study its economic conditions : Therefore, be it Resolved, That the Pi’esident of the United States be requested to transmit to the House of Representatives, if not incompatible with the public service, such correspondence as may have passed between the Department of State and various foreign governments concerning the maintenance of the “ open-door ” policy in China, T transmit herewith a rejicrt from the Secretary of State, with accom- panying papers. William McKinley. Executive Mansion, Washingto7i, March 27,, 1900. The President: The undersigned, the Secretary of State, has the honor to transmit herewith, as called for by the resolution of the House of Representa- tives of March 24, 1900, copies of correspondence which has passed between the Department of State and the Governments of France, Germany, Great Britain, Italy, Japan, and Russia concerning Ameri- can commercial rights in China. Respectfullj^ submitted. John Hay. Department of State, Washington, March 26, 1900. CORRRSHONDENCR COVCE’/fV/VG AMERICAN COMMERCIAL RIGHTS IN CHINA. FRANCE. Mr. Hay to Mr. Yignaud. Department of State, W ashington, September 6, 1899. Sir: I have to inclose, for your confidential information, copies of instructions I have sent under this date to the United States ambassa- CHINA — 1899. 245 dors at London, Berlin, and St. Petersburg in reference to the desire of this Government that the Governments of Great Britain, Germany, and Russia make formal declaration of an “ open-door ” policy in the territories held by them in China. I am, etc., John Hay. (Inclosures:) To London, No. 205, September 6, 1899; to Berlin, No. 927, September 6, 1899; to St. Petersburg, No. 82, September 6, 1899. Mr. Hay to Mr. Porter. [Telegram.] Department of State, W ashington.^ November ^7, 1899. Porter, Ambassador, Paris: Informally submit to French Government form of declaration out- lined in inclosures with instruction No. 664 September 6, and ask whether France will ioin. Hay. Mr. Delcasse. to Mr. Porter. Particulier.] Affaires Etrangeres. [Received at United States embassy at Paris December 16, 1899.] Mon CHER Ambassadeur: Je trouve votre mot en rentrant. Des declarations que j’ai apportees a la tribune de la Chambre le 24 Novembre dernier et que j’ai eu depuis I’occasion de vous rappeler, se d%age clairement le sentiment du Gouvernement de la Republique; il desire dans toute la Chine, et, sous la reserve toute naturelle que toutes les puissances interessees affirmeront leur volonte d’agir de meme, il est pret a appliquer dans les territoires qui sont cedes a bail, un traitement egal pour les citoyens et sujets de toutes les nations, notamment en ce qui concerne les taxes douanieres et de navigation ainsi que les tarifs de transport par chemins de fer. Je vous prie, mon cher Ambassadeur, d’agreer avec la nouvelle expression de mes sentiments devoues I’assurance de ma plus haute consideration. Delcasse. [Translation.] Foreign Affairs. My Dear Ambassador : I find your note awaiting me on my return. The declarations which I made in the Chamber on the 24th of Novem- ber last, and which I have had occasion to recall to you since then, show clearly the sentiments of the Government of the Republic. It desires throughout the whole of China and, with the quite natural reservation that all the powers interested give an assurance of their 246 TREATIES, CONVENTIONS, ETC. willingness to act likewise, is ready to apply in the territories which are leased to it, equal treatment to the citizens and subjects of all nations, especially in the matter of customs duties and navigation dues, as well as transportation tariffs on railwaj^s. I beg you, my dear ambassador, to accept, etc. Delcasse. GERMANY. Mr. Hay to Mr. White. Department of State, Washington., September 6, 1899. Sir: At the time when the Government of the United States was informed by that of Germany that it had leased from His Majesty the Emperor of China the port of Kiao-chao and the adjacent territory in the province of Shantung, assurances were given to the ambassador of the United States at Berlin by the Imperial German minister for foreign affairs that the rights and privileges insured by treaties with China to citizens of the United States wmuld not thereby suffer or be in anywise impaired within the area over which Germany had thus obtained control. More recently, however, the British Government recognized by a formal agreement with Germany the exclusive right of the latter country to enjoy in said leased area and the contiguous “ sphere of in- fluence or interest ” certain privileges, more esiiecially those relating to railroads and mining enterprises; but, as the exact nature and ex- tent of the rights thus recognized have not been clearly defined, it is possible that serious conflicts of interest may at any time arise, not only between British and German subjects within said area, but that the interests of our citizens may also be jeopardized thereby. Earnestly desirous to remove any cause of irritation and to insure at the same time to the commerce of all nations in China the un- doubted benefits which should accrue from a formal recognition by the various powers claiming “■ sjiheres of interest ” that they shall en- joy perfect equality of treatment for their commerce and navigation within such “ spheres,” the Government of the United States would be pleased to see His German Majesty’s Government give formal assur- ances and lend its cooperation in securing like assurances from the other interested powers that each within its respective sphere of what- ever influence — First. Will in no way interfere with any treaty port or anj'^ vested interest within any so-called “ sphere of interest ” or leased territory it ma}^ have in China. Second. That the Chinese treaty tariff of fhe time being shall apply to all merchandise landed or shipped to all such ports as are within said “ sphere of interest ” (unless they be “ free ports ”), no matter to what nationality it may belong, and that duties so leviable shall be collected bv the Chinese Government. Tliird. That it will levy no higher harbor dues on vessels of another nationality frequenting any port in such “ sphere ” than shall be levied CHINA 1899, 247 on vessels of its own nationality, and no higher railroad charges over lines built, controlled, or operated within its “ sphere ” on merchan- dise belonging to citizens or subjects of other nationalities transported through such “ sphere ” than shall be levied on similar merchandise belonging to its own nationals transported over equal distances. The liberal policy pursued by His Imperial German Majesty in declaring Kiao-chao a free port and in aiding the Chinese Govern- ment in the establishment there of a custom-house are so clearly in line with the proposition which this Government is anxious to see recognized that it entertains the strongest hope that Germany will give its acceptance and hearty support. The recent ukase of His Majesty the Emperor of Russia declaring the port of Ta-lien~wan open during the whole of the lease under which it is held from China, to the merchant ships of all nations, cou- pled with the categorical assurances made to this Government by His Imperial Majesty’s representative at this capital at the time, and since repeated to me by the present Russian ambassador, seem to insure the support of the Emperor to the proposed measure. Our ambassador at the Court of St. Petersburg has, in consequence, been instructed to submit it to the Russian Government and to request their early con- sideration of it. A copy of my instruction on the subject to Mr. Tower is herewith inclosed for your confidential information. The commercial interests of Great Britain and Japan will be so clearly served by the desired declaration of intentions, and the views of the Governments of these countries as to the desirability of the adoption of measures insuring the benefits of equality of treatment of all foreign trade throughout China are so similar to those entertained by the United States, that their acceptance of the propositions herein outlined and their cooperation in advocating their adoption by the other powers can be confidently expected. I inclose herewith copy of the instruction which I have sent to Mr. Choate on the subject. In view of the present favorable conditions, you are instructed to submit the above considerations to His Imperial German Majesty’s minister for foreign afi'airs, and to request his early consideration of the subject. Copy of this instruction is sent to our ambassadors at London and at St. Petersburg for their information. I have, etc., John Hay. (Inclosures:) To London, September 6, 1899, No. 205; to St. Petersburg, September 6, 1899, No. 82. Mr. Jackson to Mr. Hay. [Telegram.] Embassy of the United States, Berlin., December J, 1899. I have just had a conversation with secretary of state for foreign affairs, who stated that the politics of Germany in the extreme Orient are de facto the politics of the open door, and Germany proposes to maintain this principle in the future. Germany does not wish the 248 TREATIES, CONVENTIONS, ETC. question to become the subject of controversy between the different powers engaged in China. She thinks it would be advantageous for the United States Government to confer with other European govern- ments having interests in China. If the other cabinets adhere to the proposal of the United States Government Germany will raise no objection, and Germany is willing to have the Government of the United States inform these other cabinets that no difficulty will come from her if the other cabinets agree. Jackson, Charge. Count von Billow to Mr. White. Auswartiges Amt, Berlin., den 19 Fehruar, 1900. Herr Botschafter : Eure Excellenz batten mir mittelst eines am 24. V. M. hier iibergebenen Memorandums mitgetheilt, dass die Regie- rung der Vereinigten Staaten von Amerika von alien Machten, an welche eine gleiche Anfrage Avie in Eurer Excellenz Schreiben vom 26. September v. J., betreffend die Politik der offenen Thiir in China, ergangen war, zufriedenstellende schriftliche Antworten er- halten habe. Eure Excellenz batten unter Hinweis hierauf den Wunsch ausgedriickt, dass nunmhr auch die Kaiserliche Eegierung ihre Antwort in schriftlicher Form ertheilen mdge. Indem ich diesen Wunsche gern entspreche, beehre ich mich in Wiederholung bereits miindlich ertheilter Aufschliisse Folgendes zu Eurer Excellenz Kenntniss zu bringen: Wie die Regierung der Ver- einigten Staaten von Amerika nach Eurer Excellenz erwahntem Schreiben A'om 26. September v. J. anerkannt, hat die Kaiserliche Regierung in ihrem chinesischen Besitz den Grundsatz volliger Gleichbehandlung aller Nationen in Bezug auf Handel, Schifffahrt und Verkehr von Anfang an nicht allein aufgestellt, sondern auch praktisch im weitesten Umfange durchgefiihrt. Die Kaiserliche Regierung hegt nicht die Absicht von diesem Grundsatz, welche jede Avirthschaftliche Benachtheiligung oder Zuriicksetzung von Ange- horigen der Vereinigten Staaten Amn Amerika Amn A’ornherein aus- schliesst, in Zukunft abzugehen, so lange sie nicht durch abweichendes Verhalten anderer Regierungen aus Reciprocitatsriicksichten hierzu genothigt werden sollte. Wenn daher die iibrigen, an der wirthschaft- lichen Erschliessung des chinesischen Reichs interessirten ISIachte sich zur Durchfiihrung gleicher Grundsiitze bekennen AA’ollen, so kann dies der Kaiserlichen Regierung nur erAvunscht sein und sie wird in diesem Falle auf Wunsch ihrerseits gern bereit sein, sich mit den Vereinigten Staaten von Amerika und den iibrigen INIiichten an einer in diesem Sinne zu treffenden Vereinbarung zu betheiligen, durch welche wech- selseitig die gleichen Rechte geAviihrt werden. Ich benutze die Gelegenheit um Eurer Excellenz die Versicherung meiner ausgezeichnetsten Hochachtung zu erneuern. Buloav. CHINA 1899. 249 [Translation.] Foreign Office, Berlin^ February 19, 1900. Mr. Ambassador : Your excellency informed me, in a memorandum presented on the 24tli of last month, that the Government of the United States of America had received satisfactory written replies from all the powers to which an inquiry had been addressed similar to that contained in your excellency’s note of September 26 last, in re- gard to the policy of the open door in China. While referring to this your excellency thereupon expressed the wish that the Imperial Government would now also give its answer in writing. Gladly complying with this wish I have the honor to inform your excellency, repeating the statements already made verbally, as fol- lows: As recogmized by the Government of the United States of America, according to your excellency’s note referred to above, the Imperial Government has from the beginning not only asserted but also practically carried out to the fullest extent in its Chinese posses- sions absolute equality of treatment of all nations with regard to trade, navigation, and commerce. The Imperial Government enter- tains no thought of departing in the future from this principle, which at once excludes any prejudicial or disadvantageous commercial treat- ment of the citizens of the United States of America, so long as it is not forced to do so, on account of considerations of reciprocity, by a divergence from it by other governments. If, therefore, the other powers interested in the industrial development of the Chinese Em- pire are willing to recognize the same principles, this can only be desired by the Imperial Government, which in this case upon being requested will gladly be ready to participate with the United States of America and the other powers in an agreement made upon these lines, by which the same rights are reciprocally secured. I avail myself, etc., Btinow. GREAT BRITAIN. Mr. Choate to Lord Salisbury. Embassy of the United States, London, September 22, 1899. My Lord : I am instructed by the Secretary of State to present to your lordship a matter which the President regards as of great and equal importance to Great Britain and the United States— in the maintenance of trade and commerce in the East, in which the interest of the two nations differs, not in character, but in degree only — and to ask for action on the part of Her Majesty’s Government which the President conceives to be in exact accord with its uniformly declared policy and traditions, and which will greatly promote the welfare of commerce. He understands it to be the settled policy and purpose of Great Britain not to use any privileges which may be granted to it in China as a means of excluding any commercial rivals, and that freedom of 250 TREATIES, CONVENTIONS, ETC. trade for it in that Empire means freedom of trade for all the world alike. Her Majesty’s Government, while conceding by formal agree- ments with Germany and Eussia the possession of “ spheres of influ- ence or interest ” in China, in Avhich they are to enjoy especial rights and privileges, particularly in respect to railroads and mining enter- prises, has at the same time sought to maintain what is commonly called the “ open-door ” policy, to secure to the commerce and naviga- tion of all nations equality of treatment within such “ spheres.” The maintenance of this policy is alike urgently demanded by the commer- cial communities of our two nations, as it is justly held by them to be the only one which Avill improve existing conditions, enable them to maintain their positions in the markets of China, and extend their future operations. Mliile the Government of the United States Avill in no way commit itself to any recognition of the exclusive rights of any power within or control over any portion of the Chinese Empire, under such agree- ments as have been recently made, it can not conceal its apprehensions that there is danger of complications arising betAveen the treaty powers AAdiich may imperil the rights insured to the United States by its treaties Avith China. It is the sincere desire of my Government that the interests of its citizens may not be prejudiced through exclusiA^e treatment by any of the controlling poAA^ers Avithin their respective “ spheres of interests ” in China, and it hojies to retain there an open market for all the world’s commerce, remove dangerous sources of international irrita- tion, and thereby hasten united action of the jioAvers at Pekin to pro- mote administrative reforms so greatly needed for strengthening the Imperial Government and maintaining the integrity of China, in which it belicA-es the Avhole Western World is alike concerned. It be- licA’es that such a result may be greatly aided and advanced by dec- larations by the A-arious poAvers claiming “spheres of interest” in China as to their intentions in regard to the treatment of foreign trade and commerce therein, and that the present is a very favorable mo- ment for informing Her Majesty’s Government of the desire of the United States to haA'e it make on its own part and to lend its poAA^erful support in the effort to obtain from each of the various powers claim- ing “ spheres of interest ” in China a declaration substantially to the folloAving effect : (1) That it will in no Avise interfere with any treaty port or any vested interest Avithin any so-called “ sphere of interest ” or leased ter- titory it may haA'e in China. (2) That the Chinese treaty tariff’ of the time being shall apply to all merchandise landed or shipiied to all such ports as are within such “spheres of interest” (unless they be “free ports”), no matter to what nationality it may belong, and that duties so leAuable shall be collected by the Chinese Government. (3) That it will levy no higher harbor dues on vessels of another nationality frequenting any port in such “ sphere ” than shall be levied on A^essels of its OAvn nationality and no higher railroad charges OA’^er lines built, controlled, or operated within its “ sphere ” on merchan- dise belonging to citizens or subjects of other nationalities trans- ported through such “ sphere ” than shall be levied on similar mer- CHINA 1899. 251 chandise belonging to its own nationals transported over equal dis- tances. The President has strong reason to believe that the Governments of both Eussia and Germany will cooperate in such an understanding as is here proposed. The recent ukase of His Majesty the Emjieror of Eussia declaring the port of Ta-lien-wan open to the merchant ships of all nations during the whole term of the lease under which it is to be held by Eussia removes all uncertainty as to the liberal and conciliatory policy of that power and justifies the expectation that His Majesty would accede to the similar requests of the United States now being presented to him and make the desired declaration. The recent action of Germany in declaring the port of Kiao-chao a “ free port,” and the aid which its Government has given China in establishing there a Chinese custom-house, coupled with oral assur- ances given the United States by Germany that the interests of the United States and its citizens within its “ sphere ” would in no wise be affected by its occupation of this portion of the province of Shan- tung, encourage the belief that little opposition is to be anticipated to the President’s request for a similar declaration from that power. It is needless, also, to add that Japan, the power next most largely interested in the trade of China, must be in entire sympathy with the views here expressed, and that its interests will be largely served by the proposed arrangement ; and the declarations of its statesmen within the last year are so entirely in line with it that the coopera- tion of that power is confidently relied upon. It is, therefore, with the greatest pleasure that I present this matter to your lordship’s attention and urge its prompt consideration by Her Majesty’s Government, believing that the action is in entire harmony with its consistent theory and purpose, and that it will greatly re- dound to the benefit and advantage of all commercial nations alike. The prompt and sympathetic cooperation of Her Majesty’s Govern- ment with the United States in this important matter will be very potent in promoting its adoption by all the powers concerned. I have, etc.. Joseph H. Choate. Lord Salisbury to Mr. Choate. Foreign Office, London., September 29, 1899. Your Excellency : I have read with great interest the communica- tion which you handed to me on the 23d instant, in which you inform me of the desire of the United States Government to obtain from the various powers claiming spheres of interest in China declarations as to their intentions in regard to the treatment of foreign trade and com- merce therein. I have the honor to inform your excellency that I will lose no time in consulting my colleagues in regard to a declaration by Her Majes- ty’s Government and on the proposal that they should cooperate with the Government of the United States in obtaining similar declarations by the other powers concerned. 252 TREATIES, CONVENTIONS, ETC. In the meantime, I may assure your excellency that the policy con- sistently advocated by this country is one of securing equal oppor- tunity for the subjects and citizens of all nations in regard to commercial enterprise in China, and from this policy Her Majesty’s Government have no intention or desire to depart. I have, etc., Salisbury. Lord Salisbury to Mr. Choate. Foreign Office, London.:, November 30., 1899. Your Excellency : With reference to my note of September 29 last, I have the honor to state that I have carefully considered, in com- munication with my colleagues, the proposal contained in your excel- lency’s note of September 22 that a declaration should be made by foreign powers claiming “ spheres of interest ” in China as to their intentions in regard to the treatment of foreign trade and interest therein. I have much pleasure in informing your excellency that Her Majesty’s Government will be prepared to make a declaration in the sense desired by your Government in regard to the leased territory of Wei-hai Wei and all territory in China which may hereafter be ac- quired by Great Britain by lease or otherwise, and all spheres of in- terest now held or that may hereafter be held by her in China, pro- vided that a similar declaration is made by other powers concerned. I have, etc.. Salisbury. Mr. Choate to Lord Salisbury. Embassy of the United States, London., December 6, 1899. My Lord : I have the honor to acknowledge the receipt of your lordship’s note of November 30, in which you inform me that, after having carefully considered in connection with your colleagues, the proposals contained in my note of September 22 last. Her Majesty’s Government is prepared to make a declaration in the sense desired by my Government in regard to the leased territory of Wei-hai Wei and all territory in China which may hereafter be acquired by Great Britain by lease or otherwise, and all “ spheres of interest ” now held or which may hereafter be held by her in China, provided that a similar declaration is made by other powers. In acknowledging your lordship’s note, I have also, under instruc- tions from the Secretary of State, to express to your lordship the f ratification he feels at the cordial acceptance by Her Britannic lajesty’s Government of the proposals of the United States. I have, etc., Joseph H. Choate. CHINA 1899. 253 ITALY. Mr. Hay to Mr. Draper. Department of State, ashing ton November 17 1899. Sir: This Government, animated with a sincere desire to insure to the commerce and industry of the United States and of all other nations perfect equality of treatment within the limits of the Chinese Empire for their trade and navigation, especially within the so-called “ spheres of influence or interest ” claimed by certain European powers in China, has deemed the present an opportune moment to make representations in this direction to Germany, Great Britain, Japan, and Russia. To attain the object it has in view and to remove possible causes of international irritation and reestablish confidence so essential to com- merce, it has seemed to this Government highly desirable that the various powers claiming “ spheres of interest or influence ” in China should give formal assurances that — First. They will in no Avay interfere with any treaty port or any vested interest within any so-called “ sphere of interest ” or leased territory they may have in China. Second. The Chinese treaty tariff of the time being shall apply to all merchandise landed or shipped to all such ports as are within said “ sphere of interest ” (unless they be “ free ports ”) , no matter to what nationality it may belong, and that duties so leviable shall be collected by the Chinese Government. Third, They will levy no higher harbor dues on vessels of another nationality frequenting any port in such “ sphere ” than shall be levied on vessels of their own nationality, and no higher railroad charges over lines built, controlled, or operated within its “sphere” on merchandise belonging to citizens or subjects of other nationalities transported through such “ sphere ” than shall be levied on similar merchandise belonging to their own nationals transported over equal distances. The policy pursued by His Imperial German Majesty in declaring Tsing-tao (Kiao-chao) a free port and in aiding the Chinese Gov- ernment in establishing there a custom-house, and the ukase of His Imperial Russian Majesty of August 11 last, erecting a free port at Dalny (Ta-lien-wan) are thought to be proof that these powers are not disposed to view unfavorably the proposition to recognize that they contemplate nothing which will interfere in any way with the enjoy- ment by the commerce of all nations of the rights and privileges guaranteed to them by existing treaties with China. Repeated assurances from the British Government of its fixed policy to maintain throughout China freedom of trade for the whole world insure, it is believed, the ready assent of that power to our pro- posals. The commercial interests of Japan will also be greatly served by the above-mentioned declaration, which harmonizes with the as- surances conveyed to this Government at various times by His Im- perial Japanese Majesty’s diplomatic representative at this capital. In view of the important and growing commercial interests of Italy in eastern Asia it would seem desirable that His Majesty’s Govern- 254 TREATIES, CONVENTIONS, ETC. ment should also be informed of the steps taken by the United States to insure freedom of trade in China, in which it Avould find equal advantages to those which the other nations of Europe expect. You are therefore instructed to submit to His Majesty’s minister for foreign affairs the above considerations and to invite his early atten- tion to them, expressing, in the name of your Government, the hope that they will prove acceptable and that His Majesty’s Government will lend its aid and valuable assistance in securing their acceptance by the other interested jaowers. I inclose, for your personal and confidential information, copies of the instructions sent to our ambassadors at Berlin. London, St. Peters- burg, and to our minister at Tokio. I am, etc., John Hay. (Inclosures:) To Great Britain, to Russia, to Germany, September 6, 1899; to Japan, November 13, 1899. The Marquis Visconti Venosta to Mr. Draper. Roma, 7 Gennaio, 1900. Signor Ambasciatore : A complemento di cito che mi aveva fatto I’onore di comunicarmi colla sua nota del 9 Decembre, 1899, Vostra Eccelenza mi ha participate ieri la notizia datale per telegrafo dal suo Governo, che tutte le Potenze interpellate dal Gabinetto di Washing- ton in ordine alleopportunita di adottare una linea di condotta politica la quale assicuri al commercio di tutto il mondo parita di trattamento in Cilia, hanno dato risposta favorevole. Riferendomi alle sue comunicazioni e a quanto ebbi gia a dischiararle colla mia nota del 23 di detto mese di Decembre, mi e grato di dichia- rarle che anche el Governo del Re aderisce di buon grade ai concetti di massima svolta nella menzionata nota del 9 Decembre. Prego Vostra Eccelenza di volere portare questa nostra adesione alia conoscenza del Gabinetto di Washington, e profitto del I’occasione per rinnovarle. Signor Ambasciatore, gli atti della mia pin alta consi- derazione. Visconti Venosta. [Translation.] Rome, January 7, 1900. Mr. Ambassador: Supplementary to what ^'ou had already done me the honor of communicating to me in your note of December 9, 1899, your excellency informed me yesterday of the telegraphic note received from your Government that all the powers consulted by the cabinet of Washington concerning the suitability of adopting a line of policy which would insure to the trade of the whole world equality of treatment in China have given a favorable reply. Referring to your communications and to the statements in my note of December 23 last, I take pleasure in saying that the Government of the King adheres willingly to the proposals set forth in said note of December 9. CHINA— 1899. 255 I beg your excellency to kindly convey the notice of our adhesion to the Cabinet of Washington, and I avail myself of the occasion to renew to you, etc., Visconti Venosta. JAPAN. Mt. Hay to Mr. Buck. Department of State, Washington., November 13, 1899. Sir: This Government, animated with a sincere desire to insure to the commerce and industry of the United States and of all other nations perfect equality of treatment within the limits of the Chinese Empire for their trade and navigation, especially within the so-called “ spheres of influence or interest ” claimed by certain European powers in China, has deemed the present an opportune moment to make rep- resentations in this direction to Germany, Great Britain, and Russia. To obtain the object it has in view and to remove possible causes of international irritation and reestablish confldence so essential to com- merce, it has seemed to this Government highly desirable that the various powers claiming “ spheres of interest or influence ” in China should give formal assurances that — First. They will in no way interfere with any treaty port or any vested interest within any so-called “ sphere of interest ” or leased territory they may have in China. Second. The Chinese treaty tariff of the time being shall apply to all merchandise landed or shipped to all such ports as are within said “ sphere of interest ” (unless they be “ free ports ”) , no matter to what nationality it may belong, and that duties so leviable shall be col- lected by the Chinese Government. Third. They will levy no higher harbor dues on vessels of another nationality frequenting any port in such “ sphere ” than shall be levied on vessels of their own nationality, and no higher railroad charges over lines built, controlled, or operated within such “ sphere ” on merchandise belonging to citizens or subjects of other nationalities transported through such “ sphere ” than shall be levied on similar merchandise belonging to their own nationals transported over equal distances. The policy pursued by His Imperial German Majesty in declaring Tsingtao (Kiaochao) a free port and in aiding the Chinese Govern- ment in establishing there a custom-house, and the ukase of His Imperial Russian Majesty of August 11 last in erecting a free port at Dalny (Talienwan) are thought to be proof that these powers are not disposed to view unfavorably the proposition to recognize that they contemplate nothing which will interfere in any way with the enjoy- ment by the commerce of all nations of the rights and privileges guar- anteed to them b}^ existing treaties with China. Repeated assurances from the British Government of its fixed policy to maintain throughout China freedom of trade for the whole world insure, it is believed, the ready assent of that power to our proposals. It is no less confidently believed that the commercial 256 TREATIES, CONVENTIONS, ETC. interests of Japan would be greatly served by the above-mentioned declaration, which harmonizes with the assurances conveyed to this Government at various times by His Imperial Japanese Majesty’s diplomatic rejiresentative at this capital. You are therefore instructed to submit to His Imperial Japanese Majesty’s Government the above considerations, and to invite their early attention to them, and express the earnest hojie of your Govern- ment that they will accejit them and aid in securing their acceptance by the other interested powers. I am, etc., John Hay. Viscount Aoki to Mr. Buck. [Translation.] Department of Foreign Affairs, Tokio., the 26th day., the 12th month of the 32d year of Meiji. {December 26, 1899.) Mr. Minister : I have the honor to acknowledge the receipt of the note No. 176 of the 20th instant, in which, pursuing the instructions of the United States Government, your excellency was so good as to communicate to the Imperial Government the representations of the United States as presented in notes to Eussia, Germany, and Great Britain on the subject of commercial interests of the United States in China. I have the happy duty of assuring your excellency that the Impe- rial Government will have no hesitation to give their assent to so just and fair a proposal of the United States, provided that all the other powers concerned shall accept the same. I avail myself, etc.. Viscount Aoki Siuzo, Minister for Foreign Affairs. RUSSIA. Mr. Hay to Mr. Tower. Department of State, Vd ashington, Septemher 6, 1899. Sir: In 1898, when His Imperial Majesty, through his diplo- matic representative at this capital, notified this Government that Russia had leased from His Imperial Chinese Majesty the ports of Port Arthur, Ta-lien-wan, and the adjacent territory in the Liao- tung Peninsula in northeastern China for a period of twenty-five years, your predecessor received categorical assurances from the im- perial minister for foreign affairs that American interests in that part of the Chinese Empire would in no waj' be affected thereby, neither was it the desire of Russia to interfere with the trade of other nations, and that our citizens would continue to enjoy within said leased territory all the rights and privileges guaranteed them CHINA 1899. 257 under existing treaties with China. Assurances of a similar purport were conveyed to me by the Emperor’s ambassador at this capital; while fresh proof of this is afforded by the imperial ukase of August ii last, creating the free port of Dalny, near Ta-lien-wan, and establish- ing free trade for the adjacent territory. However gratifying and reassuring such assurances may be in re- gard to the territory actually occupied and administered, it can not but be admitted that a further, clearer, and more formal definition of the conditions which are henceforth to hold within the so-called Eussian “ sphere of interest ” in China as regards the commercial rights therein of our citizens is much desired by the business world of the United States, inasmuch as such a declaration would relieve it from the apprehensions which has exercised a disturbing influence during the last four years on its operations in China. The present moment seems particularly opportune for ascertaining whether His Imperial Eussian Majesty would not be disposed to give permanent form to the assurances heretofore given to this Govern- ment on this subject. , The ukase of the Emperor of August 11 of this year, declaring the port of Ta-lien-wan open to the merchant ships of all nations during the remainder of the lease under which it is held by Eussia, removes the slightest uncertainty as to the liberal and conciliatory commercial policy His Majesty proposes carrying out in northeastern China, and would seem to insure us the sympathetic and, it is hoped, favorable consideration of the propositions hereinafter specified. The principles which this Government is particularly desirous of seeing formally declared by His Imperial Majesty and by all the great powers interested in China, and which will be eminently bene- ficial fo fhe commercial interesfs of fhe whole world, are : First. The recognition that no power will in any way interfere with any treaty port or any vested interest within any leased ter- ritory or within any so-called “ sphere of interest ” it may have in China. Second. That the Chinese treaty tariff of the time being shall ap- ply to all merchandise landed or shipped to all such ports as are within said “sphere of interest” (unless they be “free ports”), no matter to what nationality it may belong, and that duties so leviable shall be collected by the Chinese Government. Third. That it will levy no higher harbor dues on vessels of an- other nationality frequenting any port in such “ sphere ’’than shall be levied on vessels of its own nationality and no higher railroad charges over lines built, controlled, or operated within its “ sphere ” on mer- chandise belonging to citizens or subjects of other nationalities trans- ported through such “ sphere ” than shall be levied on similar mer- chandise belonging to its own nationals transported over equal dis- tances. The declaration of such principles by His Imperial Majesty would not only be of great benefit to foreign commerce in China, but would powerfully tend to remove dangerous sources of irritation and pos- sible conflict between the various powers; it would reestablish con- fidence and security, and would give great additional weight to the concerted representations which the treaty powers may hereafter 24449— VOL 1—10 17 258 TREATIES, CONVENTIONS, ETC. make to His Imperial Chinese Majesty in the interest of reform in Chinese administration so essential to the consolidation and integrity of that Emjjire, and which, it is believed, is a fundamental principle of the policy of His Majesty in Asia. Germany has declared the port of Kiao-chao, which she holds in Shangtung under a lease from China, a free port and has aided in the establishment there of a branch of the Imperial Chinese maritime customs. The Imperial German minister for foreign affairs has also given assurances that American trade would not in any way be dis- criminated against or interfered with, as there is no intention to close the leased territory to foreign commerce within the area which Germany claims. These facts lead this Government to believe that the Imperial German Government will lend its cooperation and give its acceptance to the proposition above outlined, and which our am- bassador at Berlin is now instructed to submit to it. That such a declaration will be favorably considered by Great Brit- ain and Japan, the two other powers most interested in the subject, there can be no doubt. The formal and oft-repeated declarations of the British and Japanese Governments in favor of the maintenance throughout China of freedom of trade for the whole world insure us, it is believed, the ready assent of these powers to the declaration desired. The acceptance by His Imperial Majesty of these principles must therefore inevitably lead to their recognition by all the other powers interested, and you are instructed to submit them to the Emperoi’s minister for foreign affairs and urge their immediate consideration. A copy of this construction is sent to our ambassadors at London and Berlin for their confidential information, and copies of the in- structions sent to them on this subject are inclosed herewith. I have, etc., John Hay. (Inclosures:) To London, September 6, 1899, No. 205; to Berlin, September 6, 1899, No. 927. Count M ouravieff to Mr. Tower. Ministeke des Affaires Etrangeres, Premier Departement, Le 18 Decembre. 1899. Monsieur l’Ambassadeur : J’ai eu Thonneur de recevoir la note de Votre Excellence en date du 8-20 Septembre a. c. relative aux prin- cipes que le Gouvernement des Etats-Unis desirerait voir adoptes en matiere economique par les Puissances ayant des interets en Chine. Pour ce qui est du territoire cede a bail par la Chine a la Kussie le Gouvernement Imperial a deja manifeste sa ferme intention de prati- quer la politique de “ la porte ouverte ” en erigeant Dalny (Ta -lien- wan), en port franc; et si a ravenir ce dernier port, tout en conti- nuant a rester franc etait separe par une ligne de douanes du reste du territoire dont il s’agit, les taxes douanieres seraient prelevees dans la zone soumise au tarif, sur toutes les marchandises etrangeres sans distinction de nationalite. CHINA — 1899. 259 Quant aux ports deja ouverts, ou qui le seraient a I’avenir, par le Gouvernement Chinois, an commerce etranger et qui se trouvent en dehors du territoire cede a bail a la Russie, le reglement des questions relatives aux taxes douanieres appartient a la Chine elle-meme. et le Gouvernement Imperial n’a nullement I’intention de reclamer pour ses nationaux a cet egard des privileges quelconques a I’exclusion des autres etrangers. II va de soi que cette assurance du Gouvernement Imiierial a pour condition qu’une declaration semblable serait faite par les autres Puissances ayant des interets en Chine. Convaincu que cette reponse est de nature a satisfaire a la demande exprimee dans la note susmentionnee, le Gouvernement Imperial se felicite d’autant plus d’avoir ete au devant des voeux du Gouvernement Americain, qu’il attache le plus grand prix a tout ce qui peut entre- tenir et consolider les relations amicales traditionnelles existant entre les deux pays. Veuillez agreer, Monsieur I’Ambassadeur, I’assurance de ma haute consideration. Comte Moukavieff. [Translation.] Ministry of Foreign Affairs, December 18-30^ 1899. Mr. Ambassador: I had the honor to receive Your Excellency’s note dated the 8th-20th of September last, relating to the principles which the Government of the United States would like to see adopted in commercial matters by the powers which have interests in China. In so far as the territory leased by China to Russia is concerned, the Imperial Government has already demonstrated its firm intention to follow the policy of “ the open door ” by creating Dalny (Ta-lien- wan) a free port; and if at some future time that port, although re- maining free itself, should be separated by a customs limit from other portions of the territory in question, the customs duties would be levied, in the zone subject to the tariff, upon all foreign merchandise without distinction as to nationality. As to the ports now opened or hereafter to be opened to foreign commerce by the Chinese Government, and which lie beyond the ter- ritory leased to Russia, the settlement of the question of customs duties belongs to China herself, and the Imperial Government has no intention whatever of claiming any privileges for its own subjects to the exclusion of other foreigners. It is to be understood, however, that this assurance of the Imperial Government is given upon condi- tion that a similar declaration shall be made by other Powers having interests in China. With the conviction that this reph^ is such as to satisfy the inquiry made in the aforementioned note, the Imperial Government is happy to have complied with the wishes of the American Government, espe- cially as it attaches the highest value to anything that may strengthen and consolidate the traditional relations of friendship existing be- tween the two countries. I beg you to accept, etc. Count Mouravieff. 260 TREATIES, CONVENTIONS, ETC. Lmtructions sent mvtatis mutandis to the United States ambassadors at London^ Paris^ Berlin, St. Petersburg, and Rome, and to the United States Minister at Tokyo. Department of State, W ashington, March 20, 1900. Sir: The Government having accepted the declai’ation sug- gested by the United States concerning foreign trade in China, the terms of which I transmitted to you in mv instruction No. of , and like action having been taken by all the various powers having leased territory or so-called “ spheres of interest ” in the Chinese Empire, as shown by the notes which I herewith transmit to you, you will please inform the government to which you are ac- credited that the condition originally attached to its acceptance — that all other powers concerned should likewise accept the proposals of the United States — having been complied with, this Government will therefore consider the assent given to it by as final and definitive. You will also transmit to the minister for foreign affairs copies of the present inclosures, and by the same occasion convey to him the expression of the sincere gratification which the President feels at the successful termination of these negotiations, in which he sees proof of the friendly spirit which animates the various powers interested in the untrammeled development of commerce and industry in the Chinese Empire and a source of vast benefit to the whole commercial world. I am, etc., John Hay. ( Inclosures :)“ Mr. Delcasse to Mr. Porter (received December IG. 1899), with translation; Mr. Jackson to Mr. Hay, telegram, December 4, 1899; Count von Biilow to Mr. lYliite, Eebruary 19, 1900, with translation; Lord Salisbury to Mr. Choate, November 30, 1899; Mar- quis Visconti Venosta to Mr. Draper, January 7, 1900, with transla- tion ; Viscount Aoki to Mr. Buck, December 26, 1899, translation ; Count Mouraviefl' to Mr. Tower, December 18, 1899, with translation. 1901. Final Protocol Entered Into by the Plenipotentiaries of the Various Powers at the Conclusion of the So-called “ Boxer ” Troubles in China in 1900. Concluded September 7, 1901. Note. — For the text of this final protocol see “ International con- ventions,” etc., page 2006 ; also new agreement of 1905, modifying final protocol concerning Vdiang Pu conservancy, see page 2013. 'All printed ante. CHINA 1903. 261 1903. Treaty as to Commercial Relations. Concluded Octoher 8, 1903; rati-fication advised hy Senate December 18, 1903; ratified by President January 12, 1901^; ratifications ex- changed January 13, 190 If.; froclaimed January 13, 190 1^.. Articles. I. Diplomatic privileges. II. Consular privileges. III. Citizens in China. IV. Abolition of lihin. V. Tariff duties. VI. Establishment of warehouses by United States citizens. VII. Mining regulations. ATII. Drawback certificates. IX. Trade-marks. X. Patents. XI. Copyrights. XII. Navigation of inland waters, and making Mukden and Antung open ports. XIII. Uniform coinage. XIV. Religious liberty and concession to missionary societies. XV. Reformation of .iudicial system ; extra-territorial rights. XVI. Morphia and instruments for its injection. XVII. Existing treaties continued in force ; duration ; revision of annexed tariff; and ratifica- tion. Annexes. I. Opium and salt. II. Native customs oflBces. III. Tariff schedule. Note change of Rule II. The United States of America and His Majesty the Emperor of China, being animated by an earnest desire to extend further the com- mercial relations between them and otherwise to promote the in- terests, of the peoples of the two countries, in view of the provisions of the first paragraph of Article XI of the final Protocol signed at Peking on the seventh day of September, A. D. 1901, whereby the Chinese Government agreed to negotiate the amendments deemed necessary by the foreign Governments to the treaties of commerce and navigation and other subjects concerning commercial relations, with the object of facilitating them, have for that purpose named as their Plenipotentiaries : — The United States of America — Edwin H. Conger, Envoy Extraordinary and Minister Pleni- potentiary of the United States of America to China — John Goodnow, Consul-General of the United States of Amer- ica at Shanghai — John F. Seaman, a Citizen of the United States of America resident at Shanghai — And His Majesty the Emperor of China — Lii Hai-huan, President of the Board of Public Works — Sheng Hsuan-huai, Junior Guardian of the Heir Apparent. Formerly Senior Vice-President of the Board of Public Works — who, having met and duly exchanged their full powers which were found to be in proper form, have agreed upon the following amend- ments to existing treaties of commerce and navigation formerly con- cluded between the two countries, and upon the subjects hereinafter expressed connected with commercial relations, with the object of facilitating them. 262 TREATIES, CONVENTIONS, ETC. Article I. In accordance with international usage, and as the diplomatic rep- resentative of China has the right to reside in the capital of the United States, and to enjoy there the same prerogatives, privileges and iinmunities as are enjoyed by the similar representative of the most favored nation, the diplomatic representative of the United States shall have the right to reside at the capital of His Majesty the Emperor of China. He shall be given audience of His Majesty the Emperor whenever necessary to present his letters of credence or any communication from the President of the United States. At all such times he shall be received in a place and in a manner befitting his high position, and on all such occasions the ceremonial observed toward him shall be that observed toward the representatives of na- tions on a footing of equality, with no loss of prestige on the part of either. The diplomatic representatives of the United States shall enjoy all the prerogatives, privileges and immunities accorded by international usage to such representatives, and shall in all respects be entitled to the treatment extended to similar representatives of the most favored nation. The English text of all notes or dispatches from United States offi- cials to Chinese officials, and the Chinese text of all from Chinese officials to United States officials shall be authoritative. Article II. As China may appoint consular officers to reside in the United States and to enjoy there the same attributes, privileges and immu- nities as are enjoyed by consular officers of other nations, the United States may appoint, as its interests may require, consular officers to reside at the places in the Empire of China that are now or that may hereafter be opened to foreign residence and trade. They shall hold direct official intercourse and correspondence with the local officers of the Chinese Government within their consular districts, either personally or in writing as the case may require, on terms of equality and reciprocal respect. These officers shall be treated with due resjiect by all Chinese authorities, and they shall enjoy all the attri- butes. privileges and immunities, and exercise all the jurisdiction over their nationals which are or may hereafter be extended to similar officers of the nation the most favored in these respects. If the offi- cers of either government are disrespectfully treated or aggrieved in any way by the authorities of the other, they shall have the right to make representation of the same to the superior officers of their own government who shall see that full inquiry and strict justice be had in the premises. And the said consular officers of either nation shall carefully avoid all acts of offense to the officers and people of the other nation. Gn the arrival of a consul duly accredited at any place in China o]iened to foreign trade it shall be the duty of the Minister of the United States to inform the Board of Foreign Affairs, which shall, in accordance with international usage, forthwith cause the proper recognition of the said consul and grant him authority to act. CHINA 1903. 263 Article III. Citizens of the United States may frequent, reside and carry on trade, industries and manufactui’es, or pursue any lawful avocation, in all the ports or localities of China which are now open or may hereafter be opened to foreign residence and trade; and, within the suitable localities at those places which have been or may be set apart for the use and occupation of foreigners, they may rent or purchase houses, places of business and other buildings, and rent or lease in perpetuity land and build thereon. They shall generally enjoy as to their pei’sons and property all such rights, privileges and immunities as are or may hereafter be granted to the subjects or citizens of the nation the most favored in these respects. Article IV. The Chinese Government, recognizing that the existing system of levying dues on goods in transit, and especially the system of taxa- tion known as impedes the free circulation of commodities to the general injury of trade, hereby undertakes to abandon the levy of likin and all other transit dues throughout’the Empire and to abolish the offices, stations and barriers maintained for their collection and not to establish other offices for levying dues on goods in transit. It is clearly understood that, after the offices, stations and barriers for taxing goods in transit have been abolished, no attempt shall be made to re-establish them in any form or under any pretext whatsoever. The Government of the United States, in return, consents to allow a surtax, in excess of the tariff rates for the time being in force, to be imposed on foreign goods imported by citizens of the United States and on Chinese produce destined for export abroad or coastwise. It is clearly understood that in no case shall the surtax on foreign im- ports exceed one and one-half times the import duty leviable in terms of the final Protocol signed by China and the Powers on the seventh day of September, A. D. 190i ; that the payment of the import duty and surtax shall secure for foreign imports, whether in the hands of Chinese or foreigners, in original packages or otherwise, complete immunity from all other taxation, examination or delay; that the total amount of taxation, inclusive of the tariff export duty, leviable on native produce for export abroad shall, under no circumstances, exceed seven and one-half per centum ad valorem. Nothing in this article is intended to interfere with the inherent right of China to levy such other taxes as are not in conflict with its provisions. Keeping these fundamental principles in view, the High Contract- ing Parties have agreed upon the following method of procedure. The Chinese Government undertakes that all offices, stations and barriers of whatsoever kind for collecting likin.^ duties, or such like dues on goods in transit, shall be permanently abolished on all roads, railways and waterways in the nineteen Provinces of China and the three Eastern Provinces. This provision does not apply to the native Customs offices at present in existence on the seaboard, at open ports where there are offices of the Imperial Maritime Customs, and on the land frontiers of China embracing the nineteen Provinces and the three Eastern Provinces. 264 TEEATIES, CONVENTIONS, ETC. Wherever there are offices of the Imperial Maritime Customs, or wherever such may be hereafter placed, native Customs offices may also be established, as well as at any point either on the seaboard or land frontiers. The Government of the United States agrees that foreign goods on importation, in addition to the effective five per centum import duty as provided for in the Protocol of 1901, shall pay a special surtax of one and one-half times the amount of the said duty to compensate for the abolition of likin^ of other transit dues besides liMn^ and of all other taxation on foreign goods, and in consideration of the other reforms provided for in this article. The Chinese Government may recast the foreign export tariff with specific duties, as far as practicable, on a scale not exceeding five per centum ad valorem; but existing export duties shall not be raised until at least six months’ notice has been given. In cases where exist- ing export duties are above five per centum, they shall be reduced to not more than that rate. An additional special surtax of one-half the export duty payable for the time being, in lieu of internal taxa- tion of all kinds, may be levied at the place of original shipment or at the time of export on goods exported either to foreign countries or coastwise. Foreign goods which bear a similarity to native goods shall be fur- nished by the Customs officers, if required by the owner, with a pro- tective certificate for each package, on the payment of import duty and surtax, to prevent the risk of any dispute in the interior. Native goods brought by junks to open ports, if intended for local consumption, irrespective of the nationality of the owner of the goods, shall be reported at the native Customs offices only, to be dealt with according to the fiscal regulations of the Chinese Government. Machine-made cotton yarn and cloth manufactured in China, whether by foreigners at the open jDorts or by Chinese anywhere in China, shall as regards taxation be on a footing of perfect equality. Such goods upon payment of the taxes thereon shall be granted a rebate of the import duty and of two-thirds of the import surtax paid on the cotton used in their manufacture, if it has been imported fx’om abroad, and of all duties paid thereon if it be Chinese grown cotton. They shall also be free of export duty, coast-trade duty and export surtax. The same principle and procedure shall be applied to all other products of foreign type turned out by machinery in China. A member or members of the Imperial Maritime Customs foreign staff shall be selected by the Governors-General and Governors of each of the various provinces of the Empire for their respective provinces, and appointed in consultation with the Inspector General of Imperial Maritime Customs, for duty in connection with native Customs affairs to have a general supervision of their working. Cases where illegal action is complained of by citizens of the United States shall be promptly investigated by an officer of the Chinese Government of sufficiently high rank, in conjunction with an officer of the United States Government, and an officer of the Imperial INIari- time Customs, each of sufficient standing; and, in the event of it being found by the investigating officers that the complaint is well founded and loss has been incurred, due compensation shall be paid through the Imperial Maritime Customs. The high provincial offi- cials shall be held responsible that the officer guilty of the illegal CHINA 1903. 265 action shall be severely punished and removed from his post. If the complaint is shown to be frivolous or malicious, the complainant shall be held responsible for the expenses of the investigation. When the ratifications of this Treaty shall have been exchanged by the High Contracting Parties hereto, and the provisions of this Article shall have been accepted by the Powers having treaties with China, then a date shall be agreed upon when the provisions of this Article shall take effect and an Imperial Edict shall be published in due form on yellow paper and circulated throughout the Empire of China setting forth the abolition of all lihin taxation, duties on goods in transit, offices, stations and barriers for collecting the same, and of all descriptions of internal taxation on foreign goods, and the imiio- sition of the surtax on the import of foreign goods and on the export of native goods, and the other fiscal changes and reforms provided for in this Article, all of which shall take effect from the said date. The Edict shall state that the provincial high officials are responsible that any official disregarding the letter or the spirit of its injunction shall be severely punished and removed from his post. Article V. The tariff duties to be paid by citizens of the United States on goods imported into China shall be as set forth in the schedule an- nexed hereto and made part of this Treaty, subject only to such amendments and changes as are authorized by Article IV of the present convention or as may hereafter be agreed upon by the High Contracting Parties hereto. It is expressly agreed, however, that citizens of the United States shall at no time pay other or higher duties than those paid by the citizens or subjects of the most favored nation. Conversely, Chinese subjects shall not pay higher duties on their imports into the United States than those paid by the citizens or sub- jects of the most favored nation. Article VI. The Government of China agrees to the establishment by citizens of the United States of warehouses approved by the proper Chinese authorities as bonded warehouses at the several open jPorts of China, for storage, re-packing, or preparation for shipment of lawfid goods, subject to such necessary regulations for the protection of the revenue of China, including a reasonable scale of fees according to commodi- ties, distance from the custom house and hours of working, as shall be made from time to time by the proper officers of the Government of China. Article VII. The Chinese Government, recognizing that it is advantageous for the country to develop its mineral resources, and that it is desirable to attract foreign as well as Chinese capital to embark in mining enter- prises, agrees, within one year from the signing of this Treaty, to initiate and conclude the revision of the existing mining regulations. To this end China will, with all expedition and earnestness, go into 266 TREATIES, CONVENTIONS, ETC. the whole question of mining rules; and, selecting from the rules of the United States and other countries regulations which seem appli- cable to the condition of China, will recast its jiresent mining rules in such a way as, while promoting the interests of Chinese subjects and not injuring in any way the sovereign rights of China, will offer no impediment to the attraction of foreign capital nor place foreign cajiitalists at a greater disadvantage than they would be under gen- erally accepted foreign regulations; and will permit citizens of the United States to carry on in Chinese territory mining operations and other necessary business relating thereto provided they comply with the new regulations and conditions which will be imposed by China on its subjects and foreigners alike, relating to the opening of mines, the renting of mineral land, and the payment of royalty, and pro- vided they tippb" for permits, the provisions of which in regard to necessary business relating to such operations shall be observed. The residence of citizens of the United States in connection with such mining operations shall be subject to such regulations as shall be agreed upon by and between the United States and China. Any mining concession granted after the publication of such new rules shall be subject to their provisions. Article VIII. Drawback certificates for the return of duties shall be issued by the Imperial Maritime Customs to citizens of the United States within three weeks of the presentation to the Customs of the papers entitling the applicant to receive such drawback certificates, and they shall be receivable at their face value in payment of duties of all kinds (ton- nage dues excepted) at the port of issue; or shall, in the case of drawbacks on foreign goods re-exported within three years from the date of importation, be redeemable by the Imperial Maritime Customs in full in ready money at the port of issue, at the option of the holders thereof. But if, in connection with any application for a drawback certificate, the Customs authorities discover an attemjit to defraud the revenue, the apjilicant shall be dealt with and punished in accordance with the stipulations provided in the Treaty of Tientsin, Article XXI, in the case of detected frauds on the revenue. In case the goods have been removed from Chinese territory, then the consul shall inflict on the guilty party a suitable fine to be paid to the Chinese Government. Article IX. Whereas the United States undertakes to protect the citizens of any country in the exclusive use within the United States of any lawful trade-marks, provided that such country agrees by treaty or conven- tion to give like protection to citizens of the United States: — Therefore the Government of China, in order to secure such protec- tion in the United States for its subjects, now agrees to fully protect any citizen, firm or coiqioration of the United States in the exclusive use in the Emjiire of China of any lawful trade-mark to the exclusive use of which in the United States they are entitled, or which they have adopted and used, or intend to adopt and use as soon as regis- tered, for exclusive use within the Empire of China. To this end CHINA 1903. 267 the Chinese Government agrees to issue by its proper authorities proclamations, having the force of law, forbidding all subjects of China from infringing on, imitating, colorably imitating, or know- ingly passing otf an imitation of trade-marks belonging to citizens of the United States, which shall have been registered by the proper authorities of the United States at such offices as the Chinese Govern- ment will establish for such purpose, on payment of a reasonable fee, after due investigation by the Chinese authorities, and in compliance with reasonable regulations. Article X. The United States Government allows subjects of China to patent their inventions in the United States and protects them in the use and ownership of such patents. The Government of China now agrees that it will establish a Patent Office. After this office has been estab- lished and special laws with regard to inventions have been adopted it will thereupon, after the payment of the prescribed fees, issue cer- tificates of protection, valid for a fixed term of years, to citizens of the United States on all their patents issued b}^ the United States, in respect of articles the sale of which is lawful in China, which do not infringe on previous inventions of Chinese subjects, in the same man- ner as patents are to be issued to subjects of China. Article XI. I^Tiereas the Government of the United States undertakes to give the benefits of its copyright laws to the citizens of any foreign State which gives to the citizens of the United States the benefits of copy- right on an equal basis with its own citizens : — Therefore the Government of China, in order to secure such benefits in the United States for its subjects, now agrees to give full protec- tion, in the same way and manner and subject to the same conditions upon which it agrees to protect trade-marks, to all citizens of the United States who are authors, designers or proprietors of any book, map, print or engraving especially prepared for the use and education of the Chinese jieople, or translation into Chinese of any book, in the exclusive right to print and sell such book, map, print, engraving or translation in the Empire of China during ten years from the date of registration.' With the exception of the books, majis, etc., specified above, which may not be reprinted in the same form, no work shall be entitled to copyright privileges under this article. It is under- stood that Chinese subjects shall be at liberty to make, print and sell original translations into Chinese of any works written or of maps compiled by a citizen of the United States. This article shall not be held to protect against due process of law any citizen of the United States or Chinese subject who may be author, proprietor or seller of any publication calculated to injure the well-being of China. Article XII. The Chinese Government having in 1898 opened the navigable inland waters of the Empire to commerce by all steam vessels, native or foreign, that may be specially registered for the purpose, for the 268 TEEATIES, CONVENTIONS, ETC. conveyance of jiassengers and lawful merchandise, — citizens, firms and corporations of the United States may engage in such commerce on equal terms with those granted to subjects of any foreign power. In case either party hereto considers it advantageous at any time that the rules and regulations then in existence for such commerce be altered or amended, the Chinese Government agrees to consider ami- cably and to adopt such modifications thereof as are found necessary for trade and for the benefit of China. The Chinese Government agrees that, upon the exchange of the ratifications of this Treaty, Mukden and Antung, both in the province of Sheng-king, will be opened by China itself as places of inter- national residence and trade. The selection of suitable localities to be set apart for international use and occupation and the regulations for these places set apart for foreign residence and trade shall be agreed upon by the Governments of the United States and China after consultation together. Article XIII. . China agrees to take the necessary steps to provide for a uniform national coinage which shall be legal tender in payment of all duties, taxes and other obligations throughout the Empire by the citizens of the United States as well as Chinese subjects. It is understood, how- ever, that all Customs duties shall continue to be calculated and paid on the basis of the Haikuan Tael. Article XIV. The principles of the Christian religion, as professed by the Protes- tant and Roman Catholic Churches, are recognized as teaching men to do good and to do to others as they would have others do to them. 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, jieaceably teaches and practices the principles of Chris- tianity shall in no case be interefered with or molested therefor. Xo restrictions shall be placed on Chinese joining Christian churches. Converts and non-converts, being Chinese subjects, shall alike con- form to the laws of China ; and shall pay due respect to. those in au- thority, living together in jieace and amity ; and the fact of being con- verts shall not protect them from the consequences of any offence they may have committed before or may commit after their admission into the church, or exempt them from paying legal taxes levied on Chinese subjects generall}’’, except taxes levied and contributions for the sup- jiort of religious customs and practices contrary to their faith. INIis- sionaries shall not interfere with the exercise by the native authori- ties of their jurisdiction over Chinese subjects; nor shall the native authorities make any distinction between converts and non-converts, but shall administer the laws without partiality so that both classes can lii^e together in peace. Missionary societies of the United States shall be permitted to rent and to lease in perpetuity, as the property of such societies, buildings or lands in all parts of the Empire for missionary imrposes and, after CHINA 1903. 269 the title deeds have been found in order and duly stamped by the local authorities, to erect such suitable buildings as may be required for carrying on their good work. Article XV. The Government of China having expressed a strong desire to re- form' its judicial system and to bring it into accord with that of Western nations, the United States agrees to give every assistance to such reform and will also be prepared to relinquish extra-territorial rights when satisfied that the state of the Chinese laws, the arrange- ments for their administration, and other considerations warrant it in so doing. Article XVI. The Government of the United States consents to the prohibition by the Government of China of the importation into China of morphia and of instruments for its injection, excepting morphia and instru- ments for its injection imported for medical purposes, on payment of tariff duty, and under regulations to be framed by China which shall efi'ectually restrict the use of such import to the said purposes. This prohibition shall be uniformly applied to such importation from all countries. The Chinese Government undertakes to adopt at once measures to prevent the manufacture in China of morphia and of instruments for its injection. Article XVII. It is agreed between the High Contracting Parties hereto that all the provisions of the several treaties between the United States and China which were in force on the first day of January A. D. 1900, are continued in full force and effect except in so far as they are modified by the present Treaty or other treaties to which the United States is a party. The present Treaty shall remain in force for a period of ten years beginning with the date of the exchange of ratifications and until a revision is effected as hereinafter provided. It is further agreed that either of the High Contracting Parties may demand that the tariff and the articles of this convention be revised at the end of ten years from the date of the exchange of the ratifica- tions thereof. If no revision is demanded before the end of the first term of ten years, then these articles in their present form shall re- main in full force for a further term of ten years reckoned from the end of the first term, and so on for sugcessive periods of ten years. The English and Chinese texts of the present Treaty and its three annexes have been carefully compared ; but, in the event of there being any difference of meaning between them, the sense as expressed in the English text shall be held to be the correct one. This Treaty and its three annexes shall be ratified by the two High Contracting Parties in conformity with their respective constitutions, and the ratifications shall be exchanged in Washington not later than twelve months from the present date. 270 TBEATIES, CONVENTIONS, ETC. In testimonj^ 'whereof, 'we, the undersigned, by virtue of our respec- tive powers, have signed this Treaty in duplicate in the English and Chinese languages, and have affixed our respective seals. Done at Shanghai, this eighth day of October in the year of our Lord one thousand nine hundred and three, and in the twenty ninth year of Kuang Ilsii eighth month and eighteenth day. Edwin H. Conger [seal.] John Goodnow. [seal.] John F. Seaman [seal.] Signatures and seal of Chinese Plenipotentiaries. [Lii Hai-huan] [Sheng Hsuan-huai] Annex I. As citizens of the United States are already forbidden by treaty to deal in or handle opium, no mention has been made in this Treaty of opium taxation. As the trade in salt is a government monopoly in China, no mention has been made in this Treaty of salt taxation. It is, however, understood, after full discussion and consideration, that the collection of inland dues on opium and salt and the means for the protection of the revenue therefrom and for preventing illicit traffic therein are left to be administered by the Chinese Government in such manner as shall in no wise interfere with the provisions of Article IV of this treaty regarding the unobstructed transit of other goods. Edwin H. Conger [seal.] John Goodnow [seal.] John F. Seaman [seal.] Signatures and seal of Chinese Plenipotentiaries. [Lu Hai-huan] [Sheng Hsuan-huai] Annex II. Article IV of the Treaty of Commerce between the United States and China of this date provides for the retention of the native Cus- toms offices at the open ports. For the purpose of safeguarding the revenue of China at such places, it is understood that the Chinese Government shall be entitled to establish and maintain such branch native Customs offices at each open port, within a reasonable distance of the main native Customs offices at the port, as shall be deemed by the authorities of the Imperial INIaritime Customs at that port neces- sary to collect the revenue from the trade into and out of such port. Such branches, as well as the main native Customs offices at each open port, shall be administered by the Imperial Maritime Customs as pro- vided by the Protocol of 1901. Edwin H. Conger [seal.] John Goodnow [seal.] John F. Seaman [seal.] Signatures and seal of Chinese Plenipotentiaries. I Lii Hai-huan] [Sheng Hsuan-huai] CHINA 1903. 271 Annex III. The schedule of tariff duties on imported goods annexed to this Treaty under Article V is hereby mutually declared to be the schedule agreed upon between the representatives of China and the United States and signed by John Goodnow for the United States and Their Excellencies Lii Hai-huan and Sheng Hsiian-huai for China at Shanghai on the sixth day of September A. D. 1902, according to the Protocol of the seventh day of September A. D. 1901. Edwin H. Conger [seal.] John Goodnow [seal.] John F. Seaman [seal.] Signatures and seal of Chinese Plenipotentiaries. [Lii Hai-huan] [Sheng Hsuan-huai] Import Tariff. Agar-agar Agaric. See Fungus. Amber Aniseed (star) : First quality (value 15 taels Second quality (value under Apricot seed Arrowroot and arrowroot flour . Asafetida Ashestns boiler composition and over per picul) 15 taels per picul) -per picul per catty per picul , do do -per picul _ do 0. soa .325 1. 000 .440 .900 5 per ct. 1. 000 . 200 Asbestus fiber do 5. 000 Asbestus millboard do .500 Asbestus packing, including sheets and blocks do 3. 500 Asbestus packing, metallic do 5. 000 Asbestus yarn do 2. 250 Awabi _ _ _ do 1. 500 Bacon and ham_ 5 per ct. Bags : Grass per thousand 1.250 Gunny do 4. 250 Gunny (old) 5 per ct. Hemp per thousand 4. 250 Hemp (old) 5 per ct. Straw per thousand 1. 250 Baking powder in bottles or tins 4-ounce per dozen .083 6-ounce do .110 8-ounce do .145 12-ounce do .226 1-pound do .303 3-pound do .810 5-pound do 1. 350 Bark : Mangrove per picul .073 Plum tree do .120 Yellow (for dvelng) 5 per ct. Yellow (medicinal) per picul . 800 Barley, pearl per picul .300 Basins, iron (enameled) : Up to 9 inches in diameter, decorated or not decorated. .per dozen .050 Over 9 inches in diameter, agate. blue and white, gray or mottled, not decorated .per dozen .090 Over 9 inches in diameter, decorated (with gold) do .175 Over 9 inches in diameter, decorated (without gold). do .125 272 TREATIES, CONVENTIONS, ETC. Basins, tin (common) per gross Beads : Coral per catty Cornelian per picul Glass of all kinds Beer. Sec Wines, etc. Beeswax, yellow per picul Belting Betel-nut husk : Dried per picul Fresli do Betel-nut leaves, dried do Betel nuts : Dried ,do Fresh do Bezoar cow, Indian Bicho de Mar ; Black per picul White do Bicycle materials Bicycles each Birds' nests : First quality per catty Second quality do Third quality do Blue : Paris per picul Prussian do Bones, tiger do Books : Chinese Printed, and charts, maps, newspapers, and periodicals. Borax : Crude per picul__ Beflued do Braid, llama do Bricks, fire Bronze powder per picul Butter in tins, jars, and other packages do Buttons : Agate and porcelain per 12 gross Brass and other kinds (not jewelry) per gross Byrrh. ( See Wines, etc.) Camphor per picul — Camphor baroos ; Clean per catty — Refuse Candles : 9-ounce per case of 25 packages of 6 candles 12-ounce do 16-ounce do All kinds, differently packed per picul — Other weights, duty in proportion. Canes : Bamboo per thousand Coir — 1 foot long per picul — 5 feet long per thousand Canned fruits, vegetables, etc. (all weights and measures approxi- mate) : Table fruits (apples, apricots, grapes, peaches, pears, and plums), per dozen 21-pound cans Pie fruits (apples, apricots, grapes, peaches, pears, and plums), per dozen 21-pound cans Preserved fruits in glass bottles, jars, cardboard, or wooden boxes. Including weight of immediate package per picul — 0. 250 .750 7.000 per ct. 1. 600 per ct. .077 .018 .045 . 225 .018 5 per ct 1. 600 . 700 5 per ct. 3. 000 1.400 .450 .150 1. 500 1.500 2. 500 Free. Free. .610 1. 460 5. 000 5 per ct. 2. 200 2. 000 .010 .020 1. 650 2. 4.50 5 per ct. .075 .100 .133 . 750 .400 .200 .300 .065 .057 .650 CHINA — 1903. Canned fruits, vegetables, etc. — Continued. Asparagus per dozen 2i-pound tins Com per dozen 2-pound tins Pease do String beans do Tomatoes per dozen 25-pound tins All other vegetables preserved in tins, bottles, or jars, including weight of immediate package per picul Tomato sauce and catsup — }-pint bottles per dozen 1-pint bottles do Jams and jellies — 1- pound tins, bottles, or jars per dozen 2- pound tins, bottles, or jars do Milk (including condensed) per case of 4 dozen 1-pound tins Cream, evaporated — 4 dozen pints (family size) per case 2 dozen quarts (hotel size) dol Canned meats — Bacon or ham, sliced — Half-pound tins per dozen 1-pound tins do Dried beef, sliced per dozen 1-pound jars Mince-meat — 1^-pound palls per dozen 3-pound pails do Kits (half barrels and barrels) per picul Pork and beans, plain or with tomato sauce — 1- pound tins per dozen 2- pound tins do 3- p6und tins do Potted and deviled meat — Quarter-pound tins do Half-pound tins do Potted and deviled poultry and poultry and meat combined — Quarter-pound tins per dozen Half-pound tins do Soup and bouilli— 2-pound tins do 6-pound tins do Tamales, chicken — Half-pound tins do 1-pound tins do Tongues of every description — Half-pound tins do 1- pound tins do 14-pound tins do 2- pound tins do 24-poun^ tins do 3- pound tins do 3j-pound tins do All other canned meats, including game, of every description, with or without vegetables — Half-pound tins per dozen 1- pound tins do 2- pound tins do 4- pound tins do 6-pound tins do 14-pound tins do Canvas and cotton duck, not exceeding .36 inches wide per yard Capoor cutchery Cardamoms — Superior, and amomums per picul Inferior, or grains of paradise do Husk do Cards, playing 273 0. 118 . 0.54 .060 . 0,54 .054 . 525 .054 .087 . 060 .118 . 250 .230 .260 . 077 . 144 .144 . 100 .181 . 729 . 040 .075 . 085 . 022 . 042 . 042 . 072 . 101 . 244 .051 .080 . 098 .204 .287 .333 . 445 . .515 .545 .052 .063 .120 . 210 .370 .810 .010 5 per ct. 10. 000 1. 000 . 250 5 per ct, 24449— VOL 1—10 -18 274 TKEATIES, CONVENTIONS, ETC. Cassia : Buds per picul Lignea do Twigs do Cement per cask of 3 piculs Cereals and flour (including barley, maize, millet, oats, paddy, rice, wheat, and flour made therefrom ; also buckwheat and buckwheat flour, corn flour and yellow corn meal, rye flour, and hovis flour, but not including arrowroot and arrowroot flour, cracked wheat, germea, hominy, pearl barley, potato flour, quaker oats, rolled oats, sago and sago flour, shredded wheat, tapioca and tapioca flour, and yam flour) Chairs, Vienna bent-wood per dozen Charcoal per picul Cheese Chestnuts per picul__ China root, whole, sliced, or in cubes do China ware, coarse and fine Chloride of lime per picul Chocolate, sweetened per pound Cigarettes : First quality (value exceeding 4.50 taels per thousand), per thou- sand Second quality (value not exceeding 4.50 taels per thousand), per thousand Cigars Cinnabar per picul Cinnamon do Clams, dried do Clocks of all kinds Cloves per picul Cloves, mother do Coal : Asiatic per ton Other kinds do Asiatic, briquettes do Cochineal Cockles : Dried per picul Fresh do Cocoa do Coffee do Coir canes : 1 foot long do 5 feet long per thousand — Coke: Asiatic per ton__ Other kinds do Compoy per picnl__ Coral per catty__ Coral beads do Coral, broken and refuse do Cordage of all kinds Cornelian beads per picul — Cornelian stones, rough per hundred — Corundum sand per picul — Cotton piece goods: Gray shirtings or sheetings, not exceeding 40 inches wide and not exceeding 40 yards long — (а) Weight 7 pounds and under per piece — (б) Weight over 7 pounds and not over 9 pounds do (c) Weight over 9 pounds and not over 11 pounds do id) Weight over 11 pounds do Imitation native cotton cloth (hand-made), gray or bleached — (a) Not exceeding 20 inches wide and not exceeding 20 yards long: weight 3 pounds and under per piece — (&) Exceeding 20 inches wide 0. 750 .920 .170 .150 Free. . 800 . 030 5 per ct. . 180 . (!50 5 per ct. . 300 . 012 .500 .090 . 500 3. 750 4. 000 . 550 5 per ct. . 630 ..360 . 250 .600 . 500 5 per ct. . 500 . 050 3. 600 1. 000 . 200 . 300 . 500 . 900 2. 000 1. 110 . 750 . 550 5 per ct. 7. 000 .300 .195 .050 .080 . 110 . 120 .027 5 per ct. CHINA 1903. 275 Cotton piece goods — Continued. White shirtings, white Irishes, white sheetings, white brocades, and white striped or spotted shirtings : not exceeding 37 inches wide and not exceeding 42 yards long per piece — Drills, gray or white : not exceeding 31 inches wide and not ex- ceeding 40 yards long — (a) Weight 12 J pounds and under per piece — (&) Weight over 12J pounds do Jeans, gray or white — (a) Not exceeding 31 inches wide and not exceeding 30 yards long per piece (h) Not exceeding 31 inches wide and not exceeding 40 yards long per piece T cloths, gray or white — (a) Not exceeding 34 inches wide and not exceeding 24 yards long per piece (b) Not exceeding 34 inches wide and exceeding 24 yards, but not exceeding 40 yards long per piece (c) Exceeding .34 inches but not exceeding 37 inches wide and not exceeding 24 yards long per piece — Crimp cloth and crape, plain — (a) Not exceeding 30 inches wide and not exceeding 6 yards long per piece (b) Not exceeding 30 inches wide, exceeding 6 yards but not exceeding 10 yards long per piece (c) Not exceeding 30 inches wide but exceeding 10 yards long per yard White muslins, white lawns : and white cambrics : not exceeding 46 inches wide and not exceeding 12 yards long per piece Mosquito netting, white or colored : not exceeding 90 inches wide, per yard Lenos and Balzarines, white, dyed, or printed : not exceeding 31 inches wide and not exceeding 30 yards long per piece Leno brocades and balzarine brocades, dyed Prints — ' (a) Printed cambrics, lawns, or muslins: not exceeding 46 inches wide and not exceeding 12 yards long per piece (b) Printed chintzes, printed crapes, printed drills, printed furni- tures, printed shirtings, printed T-cloths (including those goods known as blue and white printed T-cloths), printed twills: but not including goods mentioned in (e) and (h) — 1. Not exceeding 20 inches wide 2. Exceeding 20 inches but not exceeding 31 inches wide and not exceeding 30 yards long per piece (c) Printed crimp cloth — 1. Not exceeding 30 inches wide and not exceeding 6 yards long per piece— 2. Not exceeding 30 inches wide, exceeding 6 yards but not exceeding 10 yards long per piece 3. Not exceeding 30 inches wide but exceeding 10 yards long. per yard (d) Printed lenos and balzarines: not exceeding 31 inches wide and not exceeding 30 yards long per piece (e) Printed sheetings: not exceeding 36 inches wide and not ex- ceeding 43 yards long per piece (/) Printed Turkey reds: of all kinds, not exceeding 31 inches wide and not exceeding 25 yai’ds long per piece (g) Printed sateens, printed satinets, printed reps, printed cot- ton lastings, including all cotton piece goods which are both dyed and printed, except those specified in (/) and (b), and including any special finish, such as mercerized finish, Schreiner finish, gassed finish, silk finish, or electric finish : not exceeding 32 inches wide and not exceeding 32 yards long per piece (h) Duplex prints or reversible cretonnes (not including those goods known as blue and white printed T-cloths) 0. 135 • KK) .125 .090 .120 .070 .135 .OSO .027 .035 . 003^ . 032 . 010 . 090 5 per ct. .0.37 5 per ct. .080 . 027 . 035 . 0034 .090 . 185 .100 .250 5 per ct. 276 TREATIES, CONVENTIONS, ETC. Dyed cottons — (a) Dyed plain cottons, i. e., without woven or embossed figures (including plain Italians, lastings, reps, and ribs, and all other dyed plain cottons not otherwise enumerated, and including any special finish, such as mercerized finish, Schreiner finish, gassed finish, silk finish, or electric finish) ; not exceeding 36 inches wide and not exceeding 33 yards long per piece 0. 240 (b) Dyed figured cottons, i. e., with woven or embossed figures (including figured Italians and lastings, figured reps, and figured ribs, and all other dyed figured cottons not other- wise enumerated, and including any special finish, such as mercerized finish, schreiner finish, gassed finish, silk finish, or electric finish) : not exceeding 36 inches wide and not exceeding 33 yards long per piece . 150 (c) Dyed crimp cloth — 1. Not exceeding 30 inches wide and not exceeding 6 yards long per piece . 027 2. Not exceeding 30 inches wide, exceeding 6 yards but not exceeding 10 yards long per piece . 035 3. Not exceeding 30 inches wide but exceeding 10 yards long per yard . 003i (d) Dyed drills: not exceeding 31 inches wide and not exceed- ing 43 yards long per piece . 170 (c) Dyed lenos and balzarines: not exceeding 31 inches wide and not exceeding 30 yards long per piece . 090 (/) Dyed leno brocades 5 per ct. (g) Dyed muslins, lawns, and cambrics: not exceeding 40 inches wide and not exceeding 12 yards long per piece . 037 (/() Dyed shirtings and sheetings: not exceeding 36 inches wide and not exceeding 43 yards long per piece . 150 (i) Hongkong-dyed shirtings: not exceeding 36 inches wide and not exceeding 20 yards long per piece . 100 {}) Dyed cotton cuts: not exceeding 36 inches wide and not ex- ceeding 5J yards long per piece . 022^ (N. B. — The pro rata rule does not apply.) (A) Dyed T-cloths (including dyed alpaciauos), dyed real and imitation Turkey reds of all kinds : not exceeding 32 inches wide and not exceeding 25 yards long — 1. Weight 3i pounds and under per piece — . 060 2. Weight over 3i pounds do . 100 Flannelettes and cotton Spanish stripes — (c) Cotton flannel. Canton flannel, swan’s-down, flannelettes, and raised cotton cloths of all kinds, plain, dyed, and printed — 1. Not exceeding 36 inches wide and not exceeding 15 yards long per piece . 065 2. Not exceeding 36 inches wide, exceeding 15 yards but not exceeding 30 yards long per piece .130 (b) Dyed cotton Spanish stripes — 1. Not exceeding 32 inches wide and not exceeding 20 yards long per piece . 085 2. Exceeding 32 inches but not exceeding 64 inches wide and not exceeding 20 yards long per piece . 170 Colored woven cottons, i. e., dyed in the yarn, except crimp cloth 5 per ct. Crimp cloth — (a) Not exceeding 30 inches wide and not exceeding 6 yards long, per piece . 027 (b) Not exceeding 30 inches wide and exceeding 6 yards but not exceeding 10 yards long per piece . 035 (c) Not exceeding 30 inches wide but exceeding 10 yards long, per yai’d . 0034 Velvets and velveteens, velvet cords, and fustians — • (a) Velvets and velveteens, plain — 1. Not exceeding 18 inches wide per yard . 006 2. Exceeding 18 inches but not exceeding 22 inches wide, per yard .007 CHINA — 1903. 277 Velvets and velveteens, velvet cords, and fustians — Continued. (а) Velvets and velveteens, plain — Continued. 3. Exceeding 22 inches but not exceeding 26 inches wide, per yard 0. 008 (б) Velvets and velveteens, printed or embossed; not exceeding 30 inches wide per yard — . 015 (c) Dyed velvet cords, dyed velveteen cords, dyed corduroys, dyed fustians of any description : not exceeding 30 inches wide, per yard . 015 Blankets, cotton, plain, printed, or jacquard per piece — . 030 Handkerchiefs, cotton — (a) Plain, dyed, or printed, not embroidered, hemstitched or initialed : not exceeding 1 yard square per dozen — . 020 (b) All other handkerchiefs 5 per ct. Singlets or drawers, cotton per dozen — . 125 Socks, cotton (including lisle thread) — First quality (i. e., valued at 1 tael or over per dozen pairs), per dozen pairs .075 Second quality (f. e., valued at less than 1 tael per dozen pairs), per dozen pairs .032 Towels, cotton — (a) Honeycomb or huckaback, plain or printed (dimensions exclusive of fringe) — 1. Not exceeding 18 inches wide and not exceeding 40 inches long per dozen . 020 2. Exceeding 18 inches wide and not exceeding 50 inches long per dozen . 030 (b) All other towels 5 per ct. Cottons, unclassed 5 per ct. Cotton, raw per picul__ . 600 Cotton thread : Ball thread, dyed or undyed do 3. 000 On spools — 50 yards per gross . 040 100 yards do . 080 200 yards do . 160 Cotton yarn : Gray or bleached lier picul . 950 Dyed 5 per ct. Gassed 5 per ct. Mercerized 5 per ct. Wooloa or berlinette per picul ,3. 500 Cow bezoar, Indian 5 per ct. Crabs’ flesh per picul . 600 Crocodile (including armadillo) scales do .600 Currants do . 500 Cutch . do . 300 Cuttleflsh do . 667 Dyes, colors, and paints : Aniline 5 per ct. Blue— Paris per picul 1.500 Prussian do 1. 500 Bronze powder do 2. 200 Carthamin 5 per ct. Chrome yellow 5 per ct. Cinnabar per picul 3.750 Gamboge do 2. 700 Green — Emerald do 1.000 Schweinfurt, or imitation do 1. 000 Indigo — Dried, artlflcial or natural 5 per ct. Liquid — Artificial per picul 2. 025 Natural do . 215 Paste, artificial ' do 2. 025 278 TREATIES, CONVENTIONS, ETC. Dyes, colors, and paints — Continued. Lead — Red, dry or mixed ^Yitll oil per picul White, dry or mixed with oil do Yellow, dry or mixed with oil do Logwood extract do Ocher do Smalt 1 do Ultramarine do Vermilion do Imitation White zinc Paints, nnclassed Elephants’ teeth (other than tusks) and jaws, whole or part_per picuL- Blephants’ tusks, whole or part per catty Emery cloth and sandpaper (sheets not exceeding 144 square inches), per ream Emei’y powder Enameled ironware : Mugs, cups, basins, and bowls, 9 inches or under in diameter, deco- rated or not decorated per dozen Basins and bowls, over 9 inches in diameter, agate, blue and white, gray, mottled, not decorated per dozen Basins and bowls, over 9 inches in diameter, decorated (with gold), per dozen Basins and bowls, over 9 inches in diameter, decorated (without gold), per dozen Enamel ware, unclassed Fans: Palm-leaf — Coarse per thousand Fine do Fancy do Paper or cotton, of all kinds do Silk Feathers : Kingfisher — Part skins (i. e., wings, tails, or backs) per hundred Whole skins do ‘ Peacock Files. See Tools. Fire ciay per picul Firewood do Fish : Cuttle do Dried or smoked, in bulk (including stockfish but not including cuttle fish) per picul Fresh do Maws do Salt do Stock do Fishskins do Flints do Flour. See Cereals. Flour, arrowroot, potato, sago, tapioca, yam Fungus or agaric per picui Fungus, white per catty Galangal per picul Gambler do Gambier, false or cunao (yam-root dyestuff) do Gamboge do Gasoline or stove naphtha per 10 gallon drum Ginseng : Crude — Fir.st quality (value exceeding 2 taels per catty) __per catty— Second quality (value not exceeding 2 taels per catty )_do 0. 450 .4.50 .450 . 600 .600 1.600 . 500 4. 0(X) 5 per ct. 5 per ct. 5 per ct. 3. 000 . 170 .250 5 per ct. .050 .090 .175 .125 5 per ct. 0. 280 . 450 1.000 1.400 5 per ct. .250 .600 5 per ct. .050 . 010 .667 .315 .137 4.250 .160 .315 .600 .040 5 per ct. 1. 750 . 250 .170 .300 .150 2. 700 .150 .210 .072 CHINA — 1903. 279 Ginseng — Continued. Clarified or cleaned — First quality (value exceeding 11 taels per catty) per catty 1. 100 Second quality (value exceeding 6 taels but not exceeding 11 taels per catty) per catty — .375 Third quality (value exceeding 2 taels but not not eceeding 6 taels per catty) per catty— .220 Fourth quality (value not exceeding 2 taels per catty) -do . 080 Glass : Plate- Silvered per square foot — . 025 Unsilvered 5 per ct. Window — Colored, stained, ground, or obscured, per box of 100 square feet . 350 Common, not stained, colored, or otherwise obscured, per box of 100 square feet . 170 Glass powder (see match-making materials) per picul — .110 Glue do . 830 Gold thread, imitation. See Thread. Groundnuts do . 150 Gum arable do 1. 000 Gum benjamin do . 600 Gum benjamin, oil of 5 per ct. Gum dragon’s blood per picul 4. 000 Gum myrrh do . 465 Gum olibanum do .450 Gum resin do . 187 Gutta-percha. See India Rubber. Hair, horse do 1. 400 Hair, horsetails do 2. 500 Hams 5 per ct. Handkerchiefs. See Cotton piece goods. Hartall or orpiment per picul . 450 Hemp 5 per ct. Hessians or burlaps, all weights per 1,000 yards— 2. 850 Hide poison or specific 5 per ct. Hides, buffalo and cow per picul . 800 Hollow-ware : cast coated or tinned do . 500 Hoofs, animal do . 125 Hops 5 per ct. Horns : Buffalo and cow per picul . 350 Deer 5 per ct. Rhiuocerosi per catty 2. 400 Hosiery. See Cotton piece goods (socks). India-rubber and gutta-percha articles (other than boots and shoes) 5 per ct. India-rubber and gutta-percha, crude per picul 3.140 India-rubber boots per pair . 080 India-rubber shoes do . 020 India-rubber, old (fit only for remanufacture) per picul .250 Indigo : Dried, artificial or natural 5 per ct. Liquid — Artificial per picul 2. 025 Natural do .215 Paste, artificial do 2. 025 Ink, printing 5 per ct. Isinglass (fish glue) per picul— 4.000 Isinglass, vegetable do 1. 750 Jams and jellies in tins, bottles, or jars : 1- pound per dozen— . 060 2- pound do . 118 .loss sticks per picul— . 640 Kerosene oil cans and cases, empty per 2 cans in 1 case . 005 280 TREATIES, CONVENTIONS, ETC. Lace open work or insertion work of cotton, machine made: (a) Not exceeding 1 inch wide, outside measurement, per 12 dozen yai'ds 0. 050 (&) Exceeding 1 inch but not exceeding 2 inches wide, outside measurement per 12 dozen yards . 100 (c) Exceeding 2 inches but not exceeding 3 inches wide, outside measurement per 12 dozen yards . 166 (d) Exceeding 3 inches wide, outside measurement, per 12 dozen yards . 216 Lace open work or insertion work of any fibrous material except silk or cotton or imitation gold or silver thread : (a) Machine made per catty .500 (b) Hand made (including cotton) do 2.400 Lacquer ware 5 per ct. Lamps and their accessories 5 per ct. Lamp wick per picul — 2. 000 Lard, pure or compound do . 600 Lead, red, white, yellow, dry or mixed with oil do . 450 Leather : Belting 5 per ct. Calf per picul 7. 000 Colored do 7. 000 Cow do 2. 500 Harness (not includinng enameled or pigskin) do 3.000 Kid do 7. 000 Sole do 2. 500 Patent do 7. 000 All other kinds 5 per ct. Lichees, dried per picul — . 450 Lily flowers, dried do . 325 Lily seed (i. e., lotus nuts without husks) do 1.000 Lime, chloride of do . 300 Linen 5 per ct. Liqueurs. See Wines, etc. Licorice per picul . 500 Logwood extract do . 600 Lotus nuts (i. e., lily seeds with husks) do .400 Lucraban seed do . 350 Lung-ngan pulp do . 550 Lung-ngans, dried do . 450 Macaroni and vermicelli, and similar pastes do . 325 Mace 5 per ct. Machines, sewing, hand or foot 5 per ct. Madeira. See Wines, etc. (vins de liqueur). Malaga. See Wines, etc. (vins de liqueur). Malt per picul— . .370 Mangrove bark do . 073 Manure, chemical i 5 per ct. Margarin, in tins, jars, or kegs per picul — 1. 400 Marsala. See Wines, etc. (vins de liqueur). Matches : Rainbow or brilliant per 50 gross boxes 1. 500 Wax vestas: not exceeding 100 in a box per 10 gross boxes — 1.600 Wood, safety or other — Large : boxes not exceeding 2J by IJ by f inches, per 50 gross boxes . 630 Small : boxes not exceeding 2 by If by f inches, per 100 gross boxes . 920 Boxes exceeding above sizes 5 per ct. Match-making materials: Glass powder per picul — . 110 Phosphorus do 4. 125 Splints do . 088 Wax, pai'affin do . 500 Wood shavings do . 113 CHINA — 1903, 281 Mats : Coir (door) per dozen__ Formosa, grass (bed) each — Eush per hundred Straw do Tatami each Matting : Coir : not exceeding 36 inches wide per roll of 100 yards Straw : not exceeding 36 inches wide per roll of 40 yards Meats, in bulk : Beef, corned, pickled, in barrels per picul Dry-salted meat, in boxes and barrels do Dry sausages do Ham aud breakfast bacon, in boxes or barrels 5 Lard, pure or compound per picul — Melon seeds do Metals : Antifriction 5 Antimony per picul — Brass and yellow metal — Bars and rods do Bolts and nuts and accessories do Foil 1 do Nails do Screws 5 Sheets, plates, and ingots per picul Tubes do Wire do Copper — Bars and rods do Bolts, nuts, rivets, and washers 5 Ingots per picul Nalls do Sheets and plates do Slabs do Tacks 5 Tubes 5 Wire per picul Dross — Iron do Iron aud tin do Tin do German silver — Sheets do Wire do Iron and mild steel, new — Anchors, and parts thereof ; mill iron ; mill aud ship’s cranks ; and forgings for vessels, steam engines, and locomotives (weighing each 25 pounds or over) per picul Angles do Anvils and parts of do Bar do Bolts and nuts 5 Castings, rough per picul Chains, and parts of do Cobbles and wire shorts do Hoops do Kentledge do Nail rod : do Nails — Wire do Other kinds 5 Pig per picul Pipes and tubes 5 Plate cuttings per picul Plates and sheets do 1.000 .050 .500' . 225 .045 2. 7.50 . 250 .375 . 475 .808 per ct. .600 .250 per ct. .700 1. 1.50 1. 150 1.675 1. 150 per ct. 1. 150 1. 150 1. 150 1.300 per ct. 1.175 1.300 1.300 1. 175 per ct. per ct. 1. 300 .160 . 300 . 500 2. 200 1.500 .265 . 140 .400 . 140 per ct. .140 .265 .1.30 . 140 .075 .140 .200 per ct. .075 per ct. .110 .140 282 TREATIES, CONVENTIONS, ETC, Metals — Coutinued. Iron and mild steel, new — Continued. Rails per picul__ 0. 125 Rivets do . 250 Screws 5 per ct. Sheets and plates per picul . 140 Tacks, blue, of all sizes do .400 Wire do . 250 Iron, galvanized — Bolts and nuts 5 per ct. Cobbles and wire sborts per picul . 130 Sheets — Corrugated do . 275 Plain do . 275 Tubes 5 per ct. Wire per picui . 250 Wire, shorts do . 130 Iron, old, and scrap, of any description (flt only for reinanufac- ture) per picul . 090 Lead — Pigs do . 285 Sheets do . 330 Lead pipes do . 375 Nickel, unmanufactured do 2. GOO Quicksilver do 4. 280 Spelter do . 375 Steel- Bamboo do . 250 Bars do . 250 Plates and sheets do . 250 Tool, and cast do .750 Wire and wire rope do . 750 Steel, mild. See Iron. Tin- Compound 5 per ct. Foil 5 per ct. Sheets and pipes per picul 1. 725 Slabs do 1. 500 Tacks, blue, of all sizes do . 400 Tinned plates — Decorated do . 350 Plain do .290 White metal — Sheets do 2. 200 Wire do 1. 500 Yellow metal. See Brass. Zinc — Boiler plates do . 600 Powder do . 400 Sheets, including perforated do . 520 Milk, condensed, in tins per case of 4 dozen 1-pound tins . 250 Mineral waters per 12 bottles or 24 half bottles . 050 Mirrors ■ 5 per ct. Morphia, in all forms per ounce 3. 000 Molding per thousand feet 1. 050 Mushrooms per picul — 1. 800 Musical boxes 5 per ct. Musk per catty — 9. 000 Mussels, dried per picul — . 400 Needles : No. 7-0 per 100 mille 1. 800 No. 3-0 do 1.500 Assorted, not including 7-0 do . 985 Nutgalls per picul . 870 Nutmegs do 1. 500 Oakum do . 500 CHINA — 1903, 283 Oil: Castor — Lubricating -per picul — Medicinal do Clove per catty. _ Cocoanut per picul — Colza per American gallon Engine — (a) Wholly or partly of mineral origin do (b) All other kinds (except castor) do Ginger per picul.. Kerosene per case of 10 American gallons In bulk per 10 American gallons Olive per imperial gallon.. Sandalwood per catty — Wood per picul Oil cans and cases (kerosene) empty per 2 cans in 1 case Olives, fresh, pickled, or salted per picul Opium perpicul_.| Husk per catty Orange peel per picul Oysters, dried £ Packing, asbestus. See Asbestus. Packing, engine and boiler, all other kinds E Paints. See Dyes, colors, and paints. Paper : Cigarette : not exceeding 2 by 4 inches per 100,000 leaves Printing — Calendered and (or) sized 1 per picul Not calendered or unsized do Writing or foolscap do All other kinds E Peel, orange per picul Pepper : Black do White do Perfumery E Phosphorus per picul Pitch do Plushes and velvets : (a) Plushes and velvets of pure silk per catty (&) Silk seal (with cotton back) do (c) Plushes and velvets of silk mixed with other fibrous materials (with cotton back) per catty (d) Plushes, all cotton (including mercerized) do (e) Velvets, cotton. See Cotton piece goods. Pork rind per picul Prawns, dried (.see also Shrimps) do Preserved fruits, in glass bottles, jars, cardboard or wooden boxes, including weight of immediate package per picul Purses, leather (not Including silver or gold mounted) per gross Putchuck , per picul.. Raisins and currants do Rattan : Chairs ( Core per picul Skin do Rattans : Split do Whole do Resin do Ribbons, silk, silk and cotton, silk and other fibers, with or without imitation gold or silver thread per catty Rope ( Rose maloes per picul.. Safilower do 0. 510 1. 000 . 150 .400 .050 . 015 . 025 6. 750 . 070 .050 .062 . 240 .500 .005 . 180 30. 000 80.000 .062 .800 per ct. per ct. . 125 .700 . 300 1. 200 per ct. .800 .760 1. 330 per ct. 4. 125 .125 .650 .200 . 150 .110 . 500 1.000 .650 . 500 .715 .500 per ct. . 225 . 750 .325 .225 .187 .550 per ct. 1. 000 .525 284 TKEATIES, CONVENTIONS, ETC. Sake : In barrels per picul In bottles per 12 bottles or 24 half bottles Saltpeter and nitrate of soda per picul Sand, red do Sandalwood do Sapan wood do Sea-horse teeth Seaweed : Cut per picul Long do Prepared do Seed ; Lily (i. c., lotus nuts without husks) do Lotus nuts (i. e., lily seeds with husks) do Lucraban do Melon do Pine, or fir nuts do Sesainuin do Sharks’ fins; Black do Clarified or prepared do White do Shellac do Shells : Mother-of-pearl do Other kinds Sherry. See Wines, etc. (vins.de liqueur). Shoes and boots, india-rubber^ for Chinese: Boots per pair Shoes do Shrimps, dried (see also Prawns) per picul Silk piece goods, all silk (including crape) : (a) Plain per catty (b) Brocaded or otherwise figured do Silk piece goods, mixtures (i. e., silk and cotton, or silk and other materials) (including crape but not including mixtures with real or imitation gold or silver thread) : (a) Plain per catty (b) Brocaded or otherwise figured , do Silver thread, imitation. (See Thread.) Sinews : Buffalo and cow per picul — Deer do Singlets or drawers: Cotton per dozen__ Mixture Skins : Fish per picul__ Sharks Smalt per picuL- Snuff Soap : Household and laundry (including blue mottled), in bulk, bars, and doubletes weighing not less than one-half pound each, per picul Toilet and fancy Socks, cotton (including lisle thread) : First quality (i. e., valued at 1 tael or over per dozen pairs), per dozen pairs Second quality (i e., valued at less than 1 tael per dozen pairs). per dozen pairs Soda : Ash per picul__ Bicarbonate do Caustic do Crystals do Crystals, concentrated do 0.400 . 110 ..325 . 045 .400 . 112 per ct. .150 . 100 1.000 1.000 .400 .350 .250 . 200 .200 1.608 6. OOO 4. 600 2. 500 .700 per ct. .080 .020 .630 ..325 . 700 .250 .500 .550 1.050 . 125 > per ct. .600 per ct. 1.600 per ct. .240 • > per ct. .075 .032 .150 .150 .225 .120 .140 CHINA — 1903. 285 Soy per picul— Spirits. (See Wines, etc.) Spirits of wine. (See Wines, etc.) Stick-lac do Stout. (See Wines, etc.) Sugar ; Brown, up to No. 10 Dutch standard do Candy do White, No. 11 Dutch standard and over, including cube and re- fined per picui Sulphur and brimstone : Crude do Refined do Sulphuric acid do Sunshades. (See Umbrellas.) Telescopes, binoculars, and mirrors Thread : Cotton — Balls, dyed or undyed per picul Spools (50 yards) per gross Gold and silver — Imitation (on silk) Real Gold, imitation (on cotton) per catty Silver, imitation (on cotton) do Tiles 6 inches square per hundred Timber : Beams — Hard wood per cubic foot Soft wood (including Oregon pine and California redwood, on a thickness of 1 inch) per 1,000 superficial feet Teak wood per cubic foot Laths per thousand Masts and spars — Hard wood Soft wood Piles and piling (including Oregon pine and California redwood: on a thickness of 1 inch) per 1,000 superficial feet Planks — Hard wood per cubic foot Teak wood do Planks and fiooring — Soft wood (including Oregon pine and California redwood, and allowing 10 per cent of each shipment to be tongued and grooved; on a thickness of 1 inch), per 1,000 sperficial feet Soft wood (tongued and grooved, in excess of above. 10 per cent ) Railway sleepers Teak-wood lumber, of all lengths and description per cubic foot Tinder per picul— Tin foil Tobacco : Leaf per picuL. Prepared — In bulk do In tins or packages under 5 pounds each Tools : Axes and hatchets per dozen Files, file blanks, rasps, and floats, of all kinds — Not exceeding 4 inches long do Exceeding 4 inches and not exceeding 9 inches long do Exceeding 9 inches and not exceeding 14 inches long do Exceeding 14 inches long do Tortoise shell per catty 0. 250 .700 .190 .300 .240 . 150 . 250 .187 5 per ct. 3.000 .040 5 per ct. 5 per ct. .125 .090 .600 .020 1.150 .081 .210 5 per ct. 5 per ct. 1. 150 .020 .081 1.150 5 per ct. 5 per ct. .081 . 350 5 per ct. .800 .950 5 per ct. .500 .040 .072 .168 .224 . 4.50 286 TREATIES, CONVENTIONS, ETC. Trimmings : Bead 5 per ct. Cotton (pure or mixed with other materials but not silk) 5 per ct. Cotton (mixed with silk and imitation gold or silver thread) 5 per ct. Tumeric per picul— . 185 Turpentine Ijer gallon__ .036 Twine 5 per ct. Ultramarine per picul . .500 Umbrella frames per dozen__ . 080 Umbrellas, parasols, and sunshades; With handles wholly or partly of precious metals, ivory, mother-of- pearl, tortoise shell, agate, etc., or jeweled 5 per ct. With all other handles — Cotton each . 020 Mixtures, not silk each . 030 Silk and silk mixtures do .080 Varnish, crude lacquer, gum lacquer, or oil lacquer 5 per ct. Vaseline 5 per ct. Vegetables, dried and salted or pickled, in bulk 5 per ct. Vermicelli per picul . 325 Vermilion do 4.000 Vermuth. (See Wines, etc.) Watches, of all kinds 5 per ct. Waters, aerated and mineral per 12 bottles or 24 half bottles . 050 Wax : Bees, yellow per picul 1. 600 Japan do . 650 Paraffin do . .500 Sealing 5 per ct. White 5 per ct. Wines, etc. : ’ Champagnes and all other sparkling wines, in bottles, per case of 12 bottles or 24 half bottles . 6.50 Still wines, red or white, exclusively the pi'oduce of the natural fermentation of grapes — (a) Having less than 14° of alcohol — 1. In bottles per case of 12 bottles or 24 half bottles *. .300 2. In bulk per imperial gallon . 025 (b) Having 14° or more of alcohol ; also vins de liqueur other than port — 1. In bottles per case of 12 bottles or 24 half bottles . .500 2. In bulk per imperial gallon .150 Port wine — In bottles per case of 12 bottles or 24 half bottles . 700 In bulk per imperial gallon . 175 Vermuth and byrrh per case of 12 liters .2.50 Sake — In barrels per picul . 4(X) In bottles per case of 12 bottles or 24 half bottles . 110 Brandies and whiskies, in bulk per imperial gallon .125 Brandy and cognac, in bottles per case of 12 reputed quarts . .500 Whisky, in bottles per case of 12 reputed quarts . 3.50 Other spirits (gin, rum, etc.) — In bottles do . 200 In bulk per imperial gallon . 000 Spirits of wine, in packages of any description do . 028 Ales, beers, cider, and perry — In bottles per case of 12 reputed quarts or 24 reputed pints . 085 In casks per imperial gallon . 020 Porters and stouts — In bottles per case of 12 reputed quarts or 24 reputed pints — , 100 In casks per imperial gallon , 025 Liqueurs 5 per ct. CHINA — 1903. 287 Wood : Camapon per picul— 0.090 Ebony do . 200 Fragrant 5 per ct. Garoo per catty— . 100 Kranjee 5 per ct. Laka per picul . 125 Lignum-vitse 5 per ct. Puru per picul . 075 Eed do . 200 Rose do .200 Sandal do . 400 Sapan do . 112 Scented 5 per ct. Shavings, Hinoki per picul — 1. 000 Woolen and cotton mixtures : Flannel (woolen and cotton) : not exceeding 33 inches wide, per yard . 015 Italian cloth, plain or figured, having warp entirely cotton and all one color, and weft entirely wool and all one color : not exceed- ing 32 inches wide and not exceeding 32 yards long_per piece . 372 Poncho cloth : not exceeding 76 inches wide per yard . 030 Spanish stripes (woolen and cotton) : not exceeding 64 inches wide per yard . 014 Union cloth : Not exceeding 76 inches wide do . 030 Woolen and cotton mixtures, unclassed, including alpacas, lusters, Orleans, Sicilians, etc 5 per ct. Woolen manufactures : Blankets and rugs per pound . 020 Broadcloth : not exceeding 76 inches wide per yard . 047A Bunting : not exceeding 24 inches wide and not exceeding 40 yards long per piece . 200 Camlets, Dutch ; not exceeding 33 inches wide and not exceeding 61 yards long per piece 1. OOO Camlets, English ; not exceeding 31 inches wide and not exceeding 61 yards long per piece . 500 Flannel : not exceeding 33 inches wide per yard . 015 Habit cloth ; not exceeding 76 inches wide do . 047J Eastings, plain, figured or craped : not exceeding 31 inches wide and not exceeding 32 yards long per piece . 4.50 Llama braid per picul 5. 000 Long ells : not exceeding 31 inches wide and not exceeding 25 yards long per piece— . 250 Medium cloth : not exceeding 76 inches wide per yard . 0471- Russian cloth : not exceeding 76 inches wide do . 0474 Spanish stripes : not exceeding 64 inches wide do . 021 Woolens (unclassed) 5 per ct. Woolen and worsted yarns and cords (not including Berlin wool) per picul .5. 300 Berlin wool per picul 4. 000 Wooloa or berlinette do 3. .500 Worm tablets, in bottles, not exceeding 60 pieces per dozen . 035 Yarn ; Asbestus per picul 2. 250 Coir 5 per ct. Cotton — Bleached or .gray— per picul . 950 Dyed 5 per ct. Gray per picul . 950 Mercerized or gassed 5 per ct. Wooloa or berlinette per picul 3. .500 Wool. Berlin do 4. 000 Woolen and worsted (not including Berlin wool) do 5. .300 Note. — If any of the articles enumerated in this tariff are imported in dimensions exceeding those specified, the duty is to be calculated in proportion to the measurements as defined. 288 TREATIES, CONVENTIONS, ETC. RULES. Rule I. Imports unenumerated in this Tariff will pay Duty at the rate of 5 per cent, ad valorem ; and the value upon which Duty is to he calculated shall be the market value of the goods in local currency. This market value when con- verted into Haikwan Taels shall be considered to be 12 per cent, higher than the amount upon which Duty is to be calculated. If the goods have been sold before presentation to the Customs of the Appli- cation to pay Duty, the gross amount of the bona fide contract will be accepted as evidence of the market value. Should the goods have been sold on c. f. and i. terms, that is to say, without inclusion in the price of Duty and other charges, such c, f. and i. price shall be taken as the value for Duty-paying purposes without the deduction mentioned in the preceding paragraph. If the goods have not been sold before presentation to the Customs of the Application to pay Duty, and should a dispute arise between Customs and im- porter regarding the value or classification of goods, the case will be referred to a Board of Arbitration composed as follows : An ofScial of the Customs; a merchant selected by the Consul of the im- porter ; and a Merchant differing in nationality from the importer, selected by the Senior Consul. Questions regarding procedure, etc., which may arise during the sittings of the Board shall be decided by the majority. The final finding of the majority of the Board, which must be announced within fifteen days of the reference (not including holidays), will be binding upon both parties. Each of the two merchants on the Board will be entitled to a fee of Ten Haikwan Taels. Should the Board sustain the Customs valuation, or, in the event of not sus- taining that valuation, should it decide that the goods have been undervalued by the importer to the extent of not less than per cent,, the importer will pay the fees ; if otherwise, the fees will be paid by the Customs. Should the Board decide that the correct value of the goods is 20 per cent, (or more) higher than that upon which the importer originally claimed to pay Duty, the Customs authorities may retain possession of the goods until full Duty has been paid and may levy an additional Duty equal to four times the Duty sought to be evaded. In all cases invoices, when available, must be produced if required by the Customs, Rule II. The following will not be liable to Import Duty; Foreign Rice, Cereals, and Flour ; Gold and Silver, both Bullion and Coin ; Printed Books, Charts, Maps, Periodicals, and Newspapers; Samples in reasonable quantities, and certified to be for show and not for sale ; Government Stationery for Consulates in China ; Passengers Baggage for hona fide private use ; Circulars, etc,, distributed gratis by mercantile houses; and Private Effects (not including Wines, Stores, and Tobacco) of individual Foreigners imported by themselves for their own personal use and not for sale, provided that the Customs authorities are satisfied that the articles in question fulfil these conditions. A freight or part freight of Duty-free commodities (personal baggage of less than twenty passengers and Gold and Silver Bullion and Foreign (Toins ex- cepted) will render the vessel carrying them, though no other cargo be on board, liable to Tonnage Dues. Drawbacks will be issued for Ships Stores and Bunker Coal when taken on board. Rule III. E.xcept at the requisition of the Chinese Government, or for sale to Chinese duly authorized to purchase them. Import trade is prohibited in all Arms, Am- munition, and Munitions of AYar of every description. No Permit to land them will be issued until the Customs have proof that the necessary authority has CHINA — 1903. 289 been give to the importer. Infraction of this rule will be punishable by con- fiscation of all the goods concerned. The import of Salt is absolutely pro- hibited. Sheng Hsuan-huai Ltl Hai-huan Subject to the api)roval of His Imp. & Roy. Apostolic Majesty’s Government E v. Hibsch Ad referenclutii D. Siffebt. Db BoYf;. Jas. L. Mackay E. Hioki, M. Odagibi J. Yamaoka Ad referendum advocaat F. B. v’Jacob John Goodnow Shanghai Aug. 29tli 1902. Yotjb Excellencies, With reference to the New Tariff which has just been signed, this note puts on record that the following words have been erased from Rule II of the Rules at the end of the Tariff ; — “ Samples in reasonable quantities & certified to be for show, & not for sale; Government stationery for Consulates in China, passengers’ baggage for bona fide private use; circulars, &c, distributed gratis of Mercan- tile houses; and private effects (not including wines, stores & tobacco) of in- dividual foreigners Imported by themselves for their own personal use & not for sale provided that the Custom Authorities are satisfied that the articles in ques- tion fulfil these conditions”; and also “personal baggage of less than twenty passengers and ” It is understood between the Foreign & Chinese Commissioners that, though the above words have been eliminated from the Rules, the matter therein re- ferred to will be dealt with by the Inspector General of the Imperial Maritime Customs at his discretion in accordance with the Instructions issued by him subsequent to the Final Protocol of the 7th September 1901. We have the honour to be. Your Excellencies’ obedient servants (signed) Hibsch (signed) D. Siffebt ( signed ) Db. BoYfi ( signed ) Jas. L. Mackay ( signed ) E. Hioki (signed) J. Yamaoka Advocaat ( signed ) F. B. v’ Jacob (signed) D. Siffebt (signed) John Goodnow DUTY FREE LIST." Vide T. G. Circulars Nos. 979, 984, 1016, 1020, 1022, 1025, 1026. Instructions received. 12th Oct. 1901. 1. Foreign Rice, cereals and flour, gold and silver coined and uncoined. 12th Oct. 1901 2. Legation supplies from abroad. 7th Nov. 1901. 3. Supplies for the use of Foreign forces Military and Naval. 19th Apl. 1902 4. Official stationary actually transmitted by foreign Govern- ment Departments for Foreign Consulates. 1 May, 1902 5. Supplies under Government stores Certificates. 31 May, 1902 6. Materials for Railways the import of which “ free ” is pro- vided for by agreements antedating the Peace Protocol. 10th May, 1902 7. Samples ; in reasonable quantities certified for show and not for sale. The figures in the Import Tariff schedule express amounts in haikwan taels. 24449— VOL 1—10 19 290 TREATIES, CONVENTIONS, ETC. 3 June, 1902 12th Oct. 1901 3 June, 1902 3 June, 1902 31 May, 1902 8. Circulars, etc., distributed gratis by mercantile houses. 9. The 'bona fide baggage of traveliers i. e. passengers luggage arriving either with the owner or by a vessel other than that by which the passenger travels. 10. Clothing, books, pictures and furniture already in use when brought in by residents and not for sale. N. B. Ships Coal and provisions are entitled to drawbacks. 1905. New Agreement Between China and Certain Powers Modifying THE Final Protocol of 1901 Concerning the Whang Pu Con- Concluded September 27, 1905. Note. — The text of this agreement will be found under “ Interna- tional conventions,” volume 2, page 2013. 1908. Arbitration Convention. Signed at W ashington, October 8, 1908; ratification advised by the Senate, December 10, 1908; ratified by the President, March 1, 1909; ratifications exchanged at W ashington, April 6, 1909; pro- claimed, April 6, 1909. Articles. I. Differences to be submitted. I III. Duration. II. Special agreement. 1 IV. Ratification. The President of the United States of America and His Majesty the Emperor of China, taking into consideration the fact that the High Contracting Parties to the Convention for the pacific settlement of international disputes, concluded at The Hague on the 29th July, 1899, have reserved to themselves, by Article XIX of that Conven- tion, the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treatment, have resolved to conclude an Arbitration Con- vention between the two countries, and for that purpose have named as their Plenipotentiaries, that is to say: The President of the United States of America, Elihu Root, Sec- retary of State of the United States of America ; and His Majesty the Emperor of China, Wu Ting- fang. Envoy Ex- traordinary and Minister Plenipotentiary to the United States of America, Mexico, Peru, and Cuba ; Who, after having communicated to each other their Eull Powers, found to be in good and due form, have agreed upon and concluded the following Articles : — Article I. Differences which may arise of a legal nature or relating to the interpretation of treaties existing between the two Contracting CHINA 1908. 291 Parties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties. Article II. In each individual case the High Contracting Parties before appealing to the Permanent Court of Arbitration shall conclude a special Agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the pro- cedure. It is understood that such special agreements will be made on the part of the United States by the President of the United States by and with the advice and consent of the Senate thereof. Article III. The present Convention shall remain in force for the period of five years from the date of the exchange of the ratifications. Article IV. The present Convention shall be ratified by the High Contracting Parties, and the ratifications thereof shall be exchanged at Washing- ton as soon as jiossible. In witness whereof, the respective Plenipotentiaries have signed the present Convention, and have thereunto affixed their seals. Done at the City of Washington, in duplicate, this 8th day of October, one thousand nine hundred and eight, corresponding to the 14th day of the 9th month of the 34th year of Kuang Hsii. Elihu Root [seal] Wu Ting fang [seal] COLOMBIA. The Republic of Colombia, established in 1819, was divided in November, 1831, into three independent republics. New Grenada, Venezuela, and Ecuador. In 18C)2 its name was changed to the United States of Colombia, and in 1886 the States were abolished and the country became the Republic of Colombia. The treaties with the country became the Rej^ublic of Colombia. The treaties with New Granada are given in chronological order with those of Colombia. 1824.« Treaty of Amity, Cojimerce, axd Navigation. Concluded Octoher 3, 1821^; ratification advised hy the Senate March J, 1825; ratified hy the President March 7, 1825; ratifications e.r- changed May 27, 1825; froclaimed May 31, 1825. Articles. I. Amity. II. Most favored nation. III. Commerce and navigation. IV. Reciprocal privilegesof citizens. V. Indemnity for embargo. VI. Asylum to vessels in distress. VII. Captures by pirates. VIII. Shipwrecks. IX. Disposition of property. X. Special privileges to citizens. XI. Religious freedom. XII. Privileges of neutrals in war. XIII. Neutral flag. XIV. Contraband. XV. Blockade. XVI. Neutral vessels, detention. XVII. Neutral vessels. XVIII. Visitation and search. In the name of God, Author and Legislator of the Universe. The United States of America, and the Republic of Colombia, de- siring to make lasting and firm the friendship and good understand- ing 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 Richard Clough Anderson, XIX. Nationality of vessels. XX. Vessels not subject to visita- tion. XXI. I'rize courts. XXII. Letters of marque. XXIII. Reciprocal privileges of citi- zens. XXIV. Confiscation of debts and se- curities. XXV. Most favored nation to min- isters. XXVI. Consuls. XXVII. E.vequaturs. XXVIII. Rights of consuls. XXIX. Deserters. XXX. Consular convention. XXXI. Duration ; ratification. "This treaty e.\pired by its own limitation October 3, 1836. 292 COLOMBIA 1824, 293 junior, a citizen of the said States, and their Minister Plenipoten- tiary to the said Republic; and the Vice-President of the Republic of Colombia, charged with the executive power, on Pedro Gual, Secre- tary of State and of Foreign Relations, 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 friendship between the United States of America and the Republic 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 Republic of Colombia desir- ing to live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally fidendly with all, engage mutually not to grant any particular favor to other nations, in respect to 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 compensa- tion if the concession was conditional. Article III. The citizens of the United States may frequent all the coasts and countries of the Republic of Colombia, and reside and trade there, in all sorts of produce, manufactures and merchandise, and shall paj^ 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 tbe subjects and citizens of the most favored nations. In like manner the citizens of the Republic of Colombia may fre- quent 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 the^^ shall enjoy all the rights, privileges and exemptions in navigation and commerce, 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 subjects and citizens of the most favored nations. Article IV. 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 and places subject to the jurisdiction of each other, as well with respect to the consignment 294 TREATIES, CONVENTIONS, ETC. and sale of their goods and. merchandise by whole sale or retail, as with re.spect to the loading, unloading and sending off their ships, they being in all these cases to be treated as citizens of the country in which they reside, or at least to be placed on a footing with the subjects or citizens of the most favored nation. Article V. The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, merchandises or effects, for any military expedition, nor for any public or private purpose Avhatever, without allowing to those interested a sufficient indemnification. Article Y1. ^^dienever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports or dominions of the other, with their vessels, whether 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 VII. 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 the high seas, and may be carried or found in the rivers, roads, bays, jiorts or dominions, of the other, shall be delivered up to the owners, they proving in due and jiroper 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 contract- ing parties shall be wrecked, foundered, or shall suffer any damage on the coa-sts, 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 dam- age 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. Article IX. The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament or otherwise, and their representatives, being citizens of the other party, shall .succeed to their said personal goods, whether by testament or ab intestato, and they may take pos- COLOMBIA 1824. 295 session thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhab- itants 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 ex- empt from all rights of detraction, on the part of the government of the respective States. Article X. Both the contracting parties promise and engage formally to give their special protection to the persons and property of the citizens of each other of all occupations, who may be in the territories subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial recourse, on the same terms which are usual and cus- tomary, 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 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 XI. It is likewise agreed that the most perfect and entire security of conscience shall be enjoyed by the citizens of both the contracting parties in the countries subject to the jurisdiction of the one and the other, Avithout their being liable to be disturbed or molested on account of their religious belief, so long as they respect the laws and estab- lished usages of the country. Moreover, the bodies of the citizens of one of the contracting parties, Avho may die in the territories of the other, shall be buried in the usual burying grounds, or in other de- cent and 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 of the Republic of Colombia to sail with their ships with all manner of liberty and security, no distinction being made who are the proprietors of the merchandises laden thereon, from any port to the places of those who now are or hereafter shall be at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandises before mentioned, and to trade with the same liberty and security from the places, ports and havens, of those who are enemies of both or either party, without any 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 296 TREATIES, CONVENTIONS, ETC. place belonging to an enem}^, 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 he deemed to be free and exempt Avhich shall be found on hoard the ships belonging to the citizens of either of the contracting parties, although the whole lading, or any part thei’eof, should appertain to the enemies of either, contraband goods being always excepted. It is also agreed, in like manner, that the same lib^erty be extended to per- sons 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, hoAvever, and it is hereby agreed, that the stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as appl3nng to those powers only who recognized this principle; but if either of the two contracting parties shall be at war with a third, and the other neutral, the flag of the neutral shall cover the property of enemies whose governments acknowledge this principle, and not of others. Article XIII. It is likewise agreed that in the case ivliere 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 shall alwaj's 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 prop- erty as was put on board such vessel before the declaration of war, or even afterward, if it ivere done Aiuthout 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 enem^^’s property, in that case the goods and merchandises, of the neutral, embarked in such enemy’s ships, shall be free. Article XIV. This liberty of navigation and commerce shall extend to all kinds of merchandises, excepting those only which are distinguished Iw the name of contraband ; and under this name of contraband or prohib- ited goods shall be comprehended — First. Cannons, mortars, howitzers, swivels, blunderbusses, mus- kets, fusees, 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 ; Secondly. Bucklers, helmets, breast-plates, coats of mail, infantrj’’ 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, prepared and formed expressly to make war by sea or land. COLOMBIA — 1824. 297 Article XV. All other merchandises and things not comprehended in the articles of contraband explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free and lawful com- merce, so that they may be carried and transported in the freest manner by both the contracting parties, even to places belonging to an enemy, excepting only those places which are at that time be- sieged or blocked up; an^ to avoid all doubt in this particular, it is declared that those places only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral. Article XVI. The articles of contraband, before enumerated and classified, which may be found in a vessel bound for an enemy’s port, shall be subject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great and of so large a bulk that they cannot be 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. Artict.e XVII. And whereas it 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 cir- cumstanced may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from the commanding officer of the blockading forces, she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either, that may have entered into such port before the same was actually be- sieged, blockaded or invested by the other, be restrained from quit- ting such place with her cargo, nor, if found therein after the reduc- tion and surrender, shall such vessel or her cargo be liable to confisca- tion, but they shall be restored to the owners thereof. Article XVIII. In order to prevent all kind of disorder in the visiting and exami- nation of the ships and cargoes of both the contracting parties on the high seas, they have agreed mutually that whenever a vessel of war, public or private, shall meet with a neutral of the other contracting' party, the first shall remain out of cannon shot, and may send its boat with two or three men only in order to execute the said examina- 298 TREATIES, CONVENTIONS, ETC. 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 wdth their persons and property ; for which purpose the commanders of said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damages they may com- mit. And it is expressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting her papers, or for any other purpose whatever. Article XIX. To avoid all kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to the citi- zens of the two contracting parties, they have agreed, and do agree, that in case one of them should be engaged in war, the ships and vessels belonging to the citizens of the other must be furnished with sea-letters or passports, expressing the name, property and bulk of the shiji, 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 con- taining 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 XX. It is further agreed, that the stipulations above expressed relative to the visiting and examination of vessels, shall apply onl_v to those which .sail without convoy; and when said vessels shall be under con- voy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag he carries, and, when they are bound to an enemy’s port, that they have no contraband goods on board, shall be sufficient. Article XXI. It is further agreed, that in all cases the established courts for jirize causes, in the country to which the prizes mav be conducted, shall alone take cognizance of them. And whenever such tribunal of either party shall pronounce judgment against any vessel or goods, or property claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motive on which the same shall have been founded, and an authenticated copy of the .sentence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of said vessel, without anj^ delay, he paying the legal fees for the same. COLOMBIA — 1824. 299 Article XXII. 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 co-operating hostilely with the said enemy against the said party so at war, under the pain of being treated as a pirate. Article XXIII. If by any fatality, which cannot be expected, and which God forbid, the two contracting parties should be engaged in a war with each other, they have agreed, and do agree, now for then, that there shall be allowed the term of six months to the 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 trans- port their effects wherever they please, giving to them the safe con- duct necessary for it, Avhich 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 Republic of Colombia, shall be respected and maintained in the full enjoyment of their personal liberty and jiroperty, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. Article XXIV. Xeither the debts due from individuals of the one nation to the individuals of the other, nor shares, nor moneys, which they may have in public funds, nor in public or private banks, shall ever, in any event of war or of national difference, be sequestered or confiscated. Article XXV. Both the contracting parties being desirous of avoiding all in- equality 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 wdiich 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 Colombia may find it proper to give to the ministers and public agents of any other power, shall by the same act be extended to those of each of the contracting parties. Article XXVI. To make more effectual the protection which the United States and the Republic of Colombia shall afford in 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 com- merce, who shall enjoy in them all the rights, prerogatives and immu- nities 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. 300 TREATIES, COXVEJvTIONS, ETC. Article XXVII. In order that the Consuls and Vice-Consuls of the two contracting- parties may enjoy the rights, prerogatives and immunities which belong to them by their public character, they shall, before entering on the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited ; and having obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates and inhabitants in the consular clistrict in which they reside. Article XXVIII. It is likewise agreed that the Consuls, their secretaries, officers and jiersons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempt from all jDublic service, and also from all kind of taxes, imposts and contribu- tions, 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 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 writ- ing, 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 contrary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall iie put at the disposal of the said Consuls, and may be put in the public prisons at the request and expense of those who reclaim them, to be sent to the ships to which they belonged, or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. Article XXX. For the purpose of more effectuall}^ protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit them, to form a consular con- vention, which shall declare specially the powers and immunities of the Consuls and Vice-Consuls of the respective parties. Article XXXI. The United States of America and the Republic of Colombia, de- siring to make as durable as circumstances will permit the relations COLOMBIA 1824. 301 Mhich are to be established between the two parties by virtue of this treaty, or general convention of peace, amity, commerce and naviga- tion, 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 exchange of the ratifications, in all the parts relating to commerce and navi- gation; and in all those parts Avhich relate to peace and friendship, it shall be permanently and perpetually binding on both powers; Second. If any one or more of the citizens of either party shall infringe anj^ of the articles of this treaty, such citizen shall be held personally resj^onsible for the same, and the harmony and good corre- spondence between the two nations shall not be interrupted thereby, each party engaging in no way to protect the offender, or sanction such violation ; 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 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; 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 l)e 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 Republic of Colombia, with the consent 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 Republic 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 Republic of Colombia. [seal.] Richard Cloitgh Anderson, Jr. [seal.] Pedro Gual. (COLOMBIA.) New Granada. 1846. Treaty of Peace, Amity, Navigation, and Commerce. Concluded December 12^ 18Jf6; ratification advised by the Senate June 18If8; ratified by the President June 10,, 181^8; ratifications ex- changed June 10, 18Ii.8; proclaimed June 12, 1848. Articles. I. Amity. II. Most-favored-nation clause. III. Commerce and navigation. IV. Mutual privileges of shipping. V. Customs duties. VI. Declaration of reciprocal treat- ment. VII. Freedom of trade. VIII. Embargo. IX. Asylum to vessels. X. Captures by pirates. XI. Shipwrecks. XII. Disposal of property. XIII. Mutual protection. XIV. Iteligious freedom. XV. Neutrality ; free ships, free goods. XVI. Enemy’s property. XVII. Contraband goods. XVIII. Trade by neutrals. XIX. Confiscation of contraband. XX. Blockade. XXL Visitation and search. XXII. Proofof nationality of vessels. XXIII. Vessels under convoy. XXIV. Prize cases. XXV. Conduct of hostilities. XXVI. Letters of marque. XX^TI. Protection in case of war. XXVm. Confiscation prohibited. XXIX. Diplomatic privileges. XXX. Consular officers. XXXI. Consular rights. XXXII. Consular exemptions. XXXIII. Deserters from ships. XXXIV. Agreement for consular con- vention. XXXV. Isthmus of Panama; dura- tion : violations. XXXVI. Ratification. Additional article. Acceptance of na- tionality of vessels. The United States of North America and the Republic of New Granada, in South America, desiring to make lasting and firm the friendship and good understanding which happily exist between both nations, have resolved to fix, in a manner clear, distinct and positive, the rules which shall in future be religiously observed between each other, by means of a treaty, or general convention of peace and friendship, commerce and navigation. For this desirable object the President of the United States of America has conferred full powers on Benjamin A. Bidlack, a citi- zen of the said States, and their Charge d’Atfaires in Bogota; and the President of the Republic of New Granada has conferred similar and equal powers upon Manuel Maria Mallarino, Secretary of State and F'oreign Relations; who, after having exchanged their said full powers in due form, have agreed to the following articles : 302 COLOMBIA — 1846. 303 Article I. There shall be a perfect, firm and inviolable peace and sincere friendship between the United States of America and the Republic of New Granada, 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 Republic of New Granada, desiring to live in peace and harmony with all the nations of the earth, by means of a policy frank and equally friendly with all, en- gage 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 compensa- tion, if the concession was conditional. Article III. The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries on the liberal basis of perfect equality and reciiirocity, 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, manufac- tures and merchandise; and that they shall enjoy all the rights, privi- leges and exemptions, in navigation and commerce, which native citi- zens do or shall enjoy, submitting themselves to the laws, decrees, and usages there established, to which native citizens are subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties, respectively, according to their own separate laws. Article IV. They likewise agree that whatever kind of produce, manufacture or merchandise of any foreign country can be, from time to time, law- fully imported into the United States in their own vessels, may be also imported in vessels of the Republic of New Granada ; and that no higher or other duties upon the tonnage of 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 for- eign country can be from time to time lawfully imported into the Republic 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 col- lected, 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 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 304 TREATIES, CONVENTIONS, ETC. shall be allowed and collected, whether such exportation or re-ex- portation be made in vessels of the United States or of the Republic of New Granada. Article V. No higher or other duties shall be imposed on the importation into the United States of any articles the produce or manufacture of the Republic of New Granada, and no higher or other duties shall be imposed on the importation into the Republic of New Granada of any articles the produce or manufactures of the United States, than are or shall be jiayable on the like articles, being the produce or manufac- tures of any other foreign country; nor shall any higher or other duties or charges be imposed, in either of the two countries, on the exportation of any ai’ticles to the United States or to the ReiDublic 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 jirohibition be imposed on the exportation or importation of any articles the produce or manufactures of the United States or of the Republic of New Granada, to or from the territories of the United States or to or from the territories of the Republic of New Granada, ■which shall not equally extend to all other nations. Article VI. In order to prevent the possibility of any misunderstanding, it is hereby declared that the stipulations contained in the three preced- ing articles are to their full extent 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 Republic of New Granada and their cargoes arriving in the ports of the United States, whether they proceed from the ports of the country to which they respectively belong, or from the ports of any other foreign country ; and in either case, no discriminating duty shall be imposed or collected in the ports of either country on said vessels or their cargoes, whether the same shall be of native or foreign produce or manufacture. Article VII. . It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of both countries, 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 merchandise by Avholesale or retail, as with respect to the loading, unloading and sending otf their ships; they being, in all these cases, to be treated as citizens of the country in which they reside, or at least to be placed on an equality with the subjects or citizens of the most favored nation. Article VIII. The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained, with their vessels, cargoes, merchan- dise or effects, for any military expedition, nor for any public or private purpose whatever, without allowing to those interested an equitable and sufficient indemnification. COLOMBIA 1846. 305 Article IX. Whenever the citzens of either of the contracting parties shall be forced to seek refuge or assylum in the rivers, bays, ports, or do- minions of the other with their vessels, whether merchant or of war, public or private, through stress of weather, pursuit of pirates or enemies, or want of provisions, or water, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships, procuring provisions, and placing themselves in a situation 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, counting from the time they cast anchor in port. Article X. All the ships, merchandise and effects, belonging to the citizens of one of the contracting parties, which may be captured by pirates, whether within the limits of its 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 jiroper 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 attornej'^s or agents, of their respective governments. Article XI. When any vessels belonging to the citizens of either of the contract- ing parties shall be wrecked or foundered, or shall suffer any damage on the coasts, or within the dominions of the other, 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 dam- age 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 con- sumption or sale in the country of the port where they may have been disembarked. Article XII. The citizens of each of the contracting parties shall have power to dispose of their jiersonal goods or real estate within the jurisdiction of the other, by sale, donation, testament or otherwise; and their representatives, being citizens of the other party, shall succeed to their said personal goods or real estate, whether by testament or ah intestato^ and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, pay- ing such dues only as the inhabitants of the country wherein said goods are shall be subject to pay in like cases. Article XIII. Both contracting parties promise and engage formally to give their special protection to the persons and property of the citizens of each 24449— VOL 1—10 20 306 TREATIES, CONVENTIONS, ETC, other, of all occupations, who may be in the territories subject to the jurisdiction of one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial re- course, 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 jjerson, 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 decisions 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 Republic of New Granada shall enjoy the most perfect and entire security of conscience, without being annoyed, prevented or disturbed on account of their religious belief. Neither shall they be annoyed, molested or disturbed in the proper exercise of their religion in pri- vate 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 apiiointed and established by themselves for that purpose, with the knowledge of the local authorities, or in such other places of sepulture as may be chosen by the friends of the deceased; nor shall the funerals or sepulchres of the dead be disturbed in anywise, nor upon any account. In like manner, the citizens of New Granada shall enjoy, within the Government and territories of the United States, a perfect and unre- strained liberty of conscience, and of exercising their religion, pub- licly 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 United States. * Article XV. It shall be lawful for the citizens the United States of America and of the Republic of New Grenada 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 wdth 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 sh’ps shall also give freedom to goods, and that everything which shall be COLOMBIA 1846. 307 found on board the ships belonging to the citizens of either of the contracting parties shall be deemed to be free and exempt, although the whole lading or any part thereof should appertain to the enemies of either, (contraband goods being always excepted.) It is also agreed, in like manner, that the same liberty shall be extended to per- sons who are on board a free ship, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship unless they are officers and soldiers and in the actual service of the enemies : Provided, however, and it is hereby agreed, that the stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those powers only who recognize this principle; but if either of the two contracting parties shall be at war with a third, and the other remains neutral, the flag of the neutral shall cover the property of enemies whose governments acknowledge this principle, and not of others. Article XVI. It is likewise agreed that, in the case where the neutral flag of one of the contracting parties shall protect the property of the enemies of the other, by virtue of the above stipulation, it shall always be understood that the neutral property found on board such 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 con- tracting 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 em- barked on 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 contraband, or pro- hibited goods, shall be comprehended — 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, rifles, 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, pre- pared and formed expressly to make war by sea or land. 5th. Provisions that are imported into a besieged or blockaded place. Article XVIII. All other merchandise, and things not comprehended in the articles of contraband, explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free and lawful commerce. 308 TREATIES, CONVENTIONS, ETC. SO that they may be carried and transported in the freest manner by the citizens of both the contracting parties, even to places belonging to an enemy, excepting those places only which are at that time besieged or blockaded; and, to avoid all doubt in this particular, it is declared that those places only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral. Article XIX. The articles of contraband, before enumerated and classified, which ma.y be found in a vessel bound for an enemy’s port, shall be subject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. No A'essel 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 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 judgment according to law. Article XX. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is .be- sieged or blockaded or invested, it is agreed that every vessel so cir- cumstanced 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 that may have entered into such port before the same was actually besieged, block- aded, 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 exami- nation of the ships and cargoes of both the contracting parties on 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 con- tracting 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 COLOMBIA 1846. 309 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 examin- ing vessel for the purpose of exhibiting her papers, or for any other purpose whatever. Article XXII. To avoid all kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to the citi- zens 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 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 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 officers of the place whence the ship sailed, in the accustomed form; without which requisites said vessel may be detained, to be adjudged by the competent tribunal, and may be declared lawful prize, unless the said defect shall be proved to be owing to accident and shall be satisfied or supplied by testimony entirely equivalent. Article XXIII. It is further agreed that the stipulations above expressed relative to the visiting and examination of vessels shall apply only to those which sail without convoy ; and when said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag he carries, and when they may be bound to an enemy’s port that they have no contraband goods on board, shall be sufficient. Article XXIV. It is further agreed that in all cases the established courts for prize causes, in the country to which the prizes may be conducted, shall alone take cognizance of them. And whenever such tribunals of either 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. Article XXV. For the purpose of lessening the evils of war, the two high con- tracting parties further agree that, in case a war should unfortunately 310 TREATIES, CONVENTIONS, ETC. take place between them, hostilities shall only be carried on by per- sons duly commissioned by the Government, 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 accept a commission or letter of marque for the purpose of assisting or co-operating hostilely with the said enemy against the said parties so at war, under the pain of being treated as a pirate. Article XXVII. If by any fatality, which cannot be expected, and God forbid, the two contracting parties should be engaged in a war with 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 neces- sary 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 enjoy- ment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consid- eration of humanity, the contracting parties engage to give them. Article XXVIII. Neither the debts due from individuals of the one nation to the individuals of the other, nor shares, nor money, wdiich they may have in public funds nor in public or private banks, shall ever in any event of war or of national difference, be sequestered or confiscated. Article XXIX. Both the contracting parties being desirous of avoiding all in- equality 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. Article XXX. To make more effectual the iirotection which the United States and the Republic of New Granada shall afford in future to the naviga- tion and commerce of the citizens of each other, they agi’ee to receive and admit Consuls and Vice-Consuls in all the ports open to foreign COLOMBIA — -1846. 311 commerce, who shall enjoy in them all the rights, prerogatives and immunities of the Consuls and Vice-Consuls of the most favored na- tion ; each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls may not seem convenient. Article XXXI. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives and immunities which be- long to them by their public character, they shall, before entering on the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited; and, having obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates and inhabitants in the consular district in which thet’^ reside. Article XXXII. It is likewise agreed that the Consuls, their secretaries, officers and persons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempt from all public service; and also from all kind of taxes, imposts and contri- butions, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens and inhabi- tants, native and foreign, of the country in which they reside are subject, being in everything besides subject to the laws of the re- spective States. The archives and papers of the consulates shall be respected inviolably, and under no pretext whatever shall any magis- trate 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 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 in writing the said de- serters, proving, by an exhibition of the registers of the vessels or ship’s roll or other public documents, that those men were part of the said crews; and on this demand so proved, (saving, however, where the contrary is proved by other testimonies,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of the said Consuls, and may be put in the public prisons at the request and expense of those who reclaim them, to be sent to the ships to which they belonged or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. Article XXXIV. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree to form, as 312 TREATIES, CONVENTIONS, ETC. soon hereafter as circumstances will permit, a consular convention, which shall declare specially the powers and immunities of the Con- suls and Vice-Consuls of the respective parties. Article XXXV. The United States of America and the Republic of New Granada, desiring to make as durable as possible the relations which are to be established between the two parties by virtue of this treaty, have de- clared 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, that the citizens, vessels and merchandise of the United States shall enjoy in the ports of New Granada, including those of the part of the Granadian territory generally denominated Isthmus of Panama, from its southernmost extremity until the boundary of Costa Rica, all the exemptions, privileges and immunities concerning commerce and navigation, which are now or may hereafter be enjoyed by 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 here- after constructed, shall be open and free to the Government and citizens of the United States, and for the transportation of an}^ ar- ticles of produce, manufactures or merchandise, of laAvful commerce, belonging to the citizens of the United States; that no other tolls or charges shall be levied or collected upon the citizens of the United States, or their said merchandise thus passing over ani' road or canal that may be made by the Government of New Granada, or by the authority of the same, than is, under like circumstances, levied upon and collected from the Granadian citizens; that any lawful produce, manufactures or merchandise, belonging to citizens of the United States, thus passing from one sea to the other, in either direction, for the purpose of exportation to any other foreign country, shall not be liable to any import-duties whatever; or, having jiaid such duties, they shall be entitled to drawback uiion their exporta- tion; 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- tages, and as an especial compensation for the said adi'antages, and for the favors they have acquired by the 4th, 5th, and 6th articles of this treaty, the United States guarantee, posith’ely and efficaciously, to New Granada, bv the present stipulation, the perfect neutrality of the before-mentioned isthmus, with the vieiv 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 Neiv Granada has and possesses oi'^er the said territory. COLOMBIA 1846. • 313 2d. The present treaty shall reman in full force and vigor for the term of twenty years from the day of the exchange of the ratifica- tions; and from the same day the treaty that was concluded between the United States and Colombia, on the thirteenth 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 stipu- lated 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 personally responsible for the same, and the harmony and good correspondence between the nations shall not be interrupted thereby ; each party en- gaging in no way to protect the offender, or sanction such violation. 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 cr damages, verified by competent proofs, demanding justice and satisfaction, and the same shall have been denied, in violation of the laws and of international right. Gth. Any special 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 as in compensation of the obliga- tions they have just contracted, and which have been specified in the first number of this article. Article XXXVI. The present treaty of peace, amity, commerce and navigation shall be approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof; and by the President of the Republic of New Granada, with the consent and ap- probation 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 Republic 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.] B. a. Bidlack. [seal.] M. M. Mallarino. ADDITIONAL ARTICLE. The Republics of the United States and of New Granada will hold and admit as national ships of one or the other, all those that shall be 314 TREATIES, CONVENTIONS, ETC. provided by the respective Government with a patent, issued accord- ing 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 Avitness whereof, the respective Plenipotentiaries have signed 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. [seal.] B. a. Bidlack. [seal.] M. M. Mallaeino. 1850. Consular Convention. C oncluded May 4, 1850 ; ratification advised by the Senate September 2Ji., 1850; ratified by the President November IJj., 1850; ratifications exchanged October 30^ 1851 ; proclaimed December 5, 1851. Articles. I. Officers authorized. II. Exequaturs. III. Functions. IV. Good offices. V. Prerogatives, exemptions, etc. In the name of the Most Holy Trinity. The Governments of the Republics of New Granada and the United States of America, having engaged by the thirty-fourth 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 jiowers and immunities of the Consuls and Vice- Consuls of the respective parties, in order to comply Avith this article, and more effectively to protect their commerce and navigation, they have given adequate authority to their respectiA e Plenipotentiaries, to Avit : The Government of NeAv Granada to Raphael Rivas, its Charge d’Affaires in the United States, and the Government of the LT^nited States, to John M. Clayton, Secretary of State; Who, after the exchange and examination of their full powers, found to be sufficient and in due form, have agreed upon the folloAving articles : Article I. Each of the tAvo contracting Republics may maintain in the princi- pal cities or commercial places of the other, and in the ports open to foreign commerce. Consuls of its own, charged with the protection of the commercial rights and interests of their nation, and to sustain their countrymen in the difficulties to Avhich they may be exposed. They may likewise appoint Consuls-General, as chiefs over the other A I. Legal status of consuls. VII. Passports. VIII. Ratification. IX. Duration. COLOMBIA 1850. 315 Consuls, or to attend to the affairs of several commercial places at the same time, and Vice-Consuls for ports of minor importance, or to act under the direction of the Consuls. Each Republic may, however, ■except those cities, places, or ports in which it may consider the resi- dence of such functionaries inconvenient, such exception being common to all nations. All that is said in this convention of Consuls in gen- eral shall be considered as relating not only to Consuls, properly so called, but to Consuls-General and Vice-Consuls, in all the cases to which this convention refers. Article II. The Consuls appointed by one of the contracting parties to reside in the ports or places of the other, shall present to the Government of the Republic in which they are to reside their letters-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 exhibited to the chief authorities of the place in which the Consul is to exercise 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 Consul 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 Republic may exercise in their re- spective districts the following functions: 1. They may apply directly to the authorities of the district 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 com- plaint against any infraction of the treaties of commerce committed by the authorities or persons employed by them in the country, to the injury of the commerce of the nation in whose service the Consul is engaged. 2. They may apply to the authorities of the consular district, and, in case of necessity, they may have recourse to the National Govern- ment through the diplomatic dgent of their nation, if there be any, or directl}^ if there be no such agent, against any abuse on the part of the authorities of the counti’y, or the persons employed by them, against individuals of their nation in whose service the Consul is ('iigaged ; 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-country- men, appear in their name and behalf, whenever so requested by them, before the respective authorities of the place, in all cases in Avhich their support may be necessary. 4. They may accompany the captains, mates or masters of vessels of their nation in all that they may have to do with regard to the 316 TBEATIES, COI^VENTIOiS’S, ETC. 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 captains, mates and masters of vessels of their nation respecting losses and injuries sustained at sea, and protests of any individuals of their nation respecting mercantile affairs. These documents, drawn up in authentic copies, certified by the Consul, shall be ad- mitted in the courts and offices of justice, and shall have the same validity as if they had been authenticated before the same judges or courts. 6. They may determine on all matters relating to injuries sustained at sea by effects and merchandise shipped in vessels of the nation in whose service the Consul is employed arriving at the place of his residence, provided that there be no stipulations to the contrary be- tween the ship2)ers, 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 in- juries a2:)23ertains to the local authorities. 7. They may com})romise amicably, and out of court, the differ- ences arising between their fellow-countrymen, provided that those Iversons agree voluntarily to submit to such arbitration; in which case the document containing the decision of the Consul, authenti- cated by himself and by his Chancellor or Secretary, shall have all the force of a notarial copy authenticated, so as to render it obliga- tory on the intei'ested j^ai’ties. 8. They may cause jjroper order to be maintained on board of vessels of their nation, and may decide on the disputes arising be- tween the ca^ffains, the officers and the members of the crew, unless the disorders taking jjlace on board should disturb the public tran- (juillity, or j^ersons not belonging to the crew or to the nation in whose service the Consul is employed; in which case the local au- thorities may interfere. 9. They may direct all the operations for saving vessels of their nation which may be wrecked on the coasts of the district where the Consul resides. In such cases the local authorities shall interfere oidy in order to maintain tranquillity, to give security to the interests of the parties concerned, and to cause the disjDOsitions which should be observed for the entry and export of the pro^Derty to be fulfilled. In the absence of the Consul, and until his arrival, the said authori- ties shall take all the measures necessary for the 2:)reservation of the effects of the wrecked vessel. 10. They may take joossession, make inventories, appoint a^D- praisers to estimate the value of articles,- and i^roceed to the sale of the movable property of individuals of their nation wdio may die in the country where the Consul resides without leaving executors aj^i^ointed by their Avill or heirs-at-law. In all such jDi'oceedings. the Consul shall act in conjunction with two merchants, chosen by him- self, for drawing up the said papers or delivering the propert}" or the jiroduce of its sales, observing the laws of his country and the orders which he may receive from liis own Government ; but Consuls shall COLOMBIA 1850. 317 not discharge these functions in those States whose peculiar legisla- tion may not allow it. Whensoever there is no Consul in the place where the death occurs, the local authority shall take all the pre- cautions in their power to secure the property of the deceased. 11. They may demand from the local authorities the arrest of sea- men deserting from the vessels of the nation in whose service the Consul is employed, exhibiting, if necessary, the register of the ves- sel, her muster-roll, and any other official document in support of this demand. The said authorities shall take such measures as may be in their power for the discovery and arrest of such deserters, and shall place them at the disposition of the Consul ; but if the vessel to which they belong shall have sailed, and no opportunity for sending them away should occur, they shall be kept in arrest, at the expense of the Consul, for two months; and if, at the expiration of that time, they should not have been sent away, they shall be set at liberty by the respective authorities, and cannot again be arrested for the same cause. 12. They may give such documents as may be necessary for the intercourse between the two countries, and countersign those which may have been given by the authorities. They maj^ also give bills of health, if necessaiy, 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 consulate has none and one is required for authenticating documents. 14. They may appoint commercial agents to employ all the means in their power, in behalf of individuals of the nation in whose 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 preroga- tives conceded to Consuls, but only those which are peculiar to com- mercial agents. Article IV. The Consuls of one of the contracting Republics residing in another country may employ their good offices in favor of individuals of the other Republic which has no Consul in that country. Article V. The contracting Republics recognize no diplomatic character in Consuls, for which reason they will not enjoy in either country the immunities granted to public agents accredited in that character; but, in order that the said Consuls may exercise their proper func- tions 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 they may be. 2. Consuls, in all that exclusively concerns the exercise of their functions, shall be independent of the State in whose territory they reside. 318 TRKATIES, CONVEK'JIOKS, ETC. 3. The Consuls and their chancellors or secretaries shall be exempt from all public service, and from contributions, personal and extra- ordinary, imposed in the country where they reside. This exemption does not comprehend the Consuls or their chancellors or secretaries who may be natives of the country in which they reside. 4. Whenever the presence of Consuls may be required in courts or offices of justice, they shall be summoned in writing. 5. In order that the dwellings of Consuls may be easily and 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 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 import- ing a right of asylum, nor as placing the house or its inhabitants beyond the authority of the magistrates who may think proper to search them, and who shall have that right in I’egard 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. Article VII. Consuls shall not give passports to any individual of their nation or going to their nation who may be held to answer before any authority, court or judge of the country for delinquencies committed by them, or for a demand which may have been legally acknowl- edged ; provided that in each case proper notice thereof shall have been given to the Consul ; and they shall see that the A^essels of their nation do not infringe the rules of neutrality when the nation in which the Consul resides is at war Avith another nation. Article VIII. The present convention shall be ratified by the Governments of the two contracting Republics, and the ratifications shall be ex- changed at Bogota within the term of eighteen months, counted from this date, or sooner if possible. Article IX. The present convention shall be binding upon the contracting parties so long as the treaty of peace, friendship, navigation and commerce between the United States and New Granada, the rati- fications of which were exchanged at Washington, on the tenth of June, one thousand eight hundred and forty-eight, shall remain in force. In faith Avhereof we, the Plenipotentiaries of the United States and of New Granada, have signed the present, and haA’e affixed to COLOMBIA — 1850-1857. 319 it our respective seals at Washington, the fourth day of May, in the year of our Lord one thousand eight hundred and fifty, [seal.] John M. Clayton, [seal.] Eafael Rivas. 1857. Claims Convention, Concluded September 10, 1857; ratification advised by the Senate with amendments March 8, 1869; ratifed by the President March 12, 1859; time for ratif cations extended by the Senate May 8, 1860; ratif cations exchanged November 5, 1860; proclaimed November 8, 1860. Articles. I. Claims to be considered, etc. II. Duties of Commissioners. III. Award. IV. Duration of Commission. Y. Decisions. VI. Expenses. VII. Ratification. The United States of America and the Republic of New Granada, desiring to adjust the claims of citizens of said States against New Granada, and to cement the good understanding which happily sub- sists between the two Republics, have, for that purpose, appointed and conferred full powers, respectively, to wit : The President of the United States upon Lewis Cass, Secretary of State of the United States, and the President of New Granada upon General Pedro A. Herran, Envoy Extraordinary and Minister Pleni- potentiary of that Republic 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, citizens of the United States, upon the Government of New Granada, which shall have been presented prior to the first day of September, 1859, either to the Department of State at Washington, or to the minister of the United States at Bogota, and especially those for dam- ages which were caused by the riot at Panama on the fifteenth of April, 1856, for which the said Government of New Granada ac- knowledges its liability, arising out of its privilege and obligation to preserve peace and good order along the transit route, shall be re- ferred 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 Commissioner omitting or ceasing to act, the Government of the United States, or that of New Granada, respectively, or the Minister of the latter in the United States, acting by its direction, shall forth- with 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 this con- vention, and, before proceeding to business, shall make and subscribe 320 TREATIES, CONVENTIONS, ETC. a solemn oath that they will carefully examine and impartially de- cide, according to justice and equity, upon all the claims laid before them, under the provisions of this convention, by the Government of the United States. And such oath shall be entered on the record of their proceedings. The Commissioners shall then proceed to name an Arbitrator or Umpire, to decide upon any case or cases on which they may differ in opinion. And if they cannot agree in the selection, the Umpire shall be appointed by the Minister of Prussia to the United States, whom the two high contracting parties shall invite to make such apjioint- ment, and Avhose selection shall be conclusive on both parties. Article II. The Arbitrator being aiipointed, the Commissioners shall proceed to examine and determine the claims which may be presented to them, under the provisions of this convention, by the Government of the United States, together with the evidence submitted in support of them, and shall hear, if required, one person in behalf of each Gov- ernment on every separate claim. Each Government shall furnish, upon request of either of the commissioners, such papers in its pos- session as the Commissioners may deem important to the just deter- mination -of any claims jiresented 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 Panama of April 15, 1856, to damages suffered through death, wounds, robberies or destruction of property. In cases where they cannot agree, the subjects of difference shall be referred to the Um- pire, before whom each of the Commissioners may be heard, and whose decision shall be final. Article III. The Commissioners shall issue certificates of the sums to be paid by virtue of their awards to the claimants, and the aggregate amount of said sums shall be paid to the Government of the United States, at Washington, in equal semi-annual payments, the first payment to be made six months from the termination of the Commission, and the whole payment to be completed within eight j’^ears 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 appropriates one-half of the compensation Avhich may accrue to it from the Panama Railroad Company, in lieu of postages, by virtue of the thirtieth article of the contract between the Reiiublic 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 provided 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, COLOMBIA — 1857-1864. 321 Article IV. The Commission herein provided shall terminate its labors in nine months from and including the day of its organization; shall 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 respect 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 Republic which may have accrued prior to the signature of this convention. Article VI. Each Government shall pay its own Commissioner, but the Umpire, as well as the incidental expenses of the Commission, shall be paid, one-half by the United States, and the other half by New Granada. Article VII. The present Convention shall be ratified, and the ratifications ex- changed in 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. Herran. The commission provided for in the foregoing treaty met at Wash- ington June 10, 1861, and adjourned March 9, 1862. Amount of awards, $496,235.47. Not having completed all the cases presented to them, the treaty of 1864, following, was concluded, extending the commission. 1864. Claims Convention. Concluded February 10, ISBJf.; ratification advised hy the Senate June 10, 186 If.; ratified hy the President July 9, 186 time for exchange of ratifications extended hy the Senate June 26, 186 Ii.,' ratifications exchanged August 19, 1865; proclaimed August 19, 1866. Articles. I. Extension. | II, Ratification. Whereas a Convention for the adjustment of claims was concluded between the United States of America and the Republic of New Gra- 24449— VOL 1—10 21 322 TREATIES, CONVENTIONS, ETC. iiada, in the city of Washington, on the tenth of September, 1857, which convention, as afterward amended by the contracting parties, was proclaimed 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 them 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 Republic of New 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 commis- sion 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, Sec- retary of State of the United States of America, and the President of the United States of Colombia, Senor Manuel Murillo, 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 commission, shall be extended for a period not exceeding nine 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 pro- visions 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 respec- tively expressed in the said former convention. Article TI. The present convention shall be ratified, and the ratifications shall be exchanged at Washington as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same, end have hereunto affixed their seals. Done at Washington this tenth day of February, in the year of our Lord one thousand eight hundred and sixty-four. [seal.] Wm. H. Seward. [seal.] M. Murillo. Under the foregoing convention a new commission was organized, which met at Washington, August 4, 1865, and adjourned May 19, 1866. The awards amounted to $88,267.68. COLOMBIA — 1888. 323 1888. Extradition Convention. Concluded May 7, 1888; ratification advised hy the Senate with amendments March 26, 1889; ratification with amendments pro- posed hy Colombia advised hy the Senate February 27, 1890; rati- fied hy the President March 12, 1890; ratifications exchanged Novemher 12, 1890; proclaimed Fehruary 6, 1891. Articles. I. Reciprocal delivery of accused. II. Extraditable crimes. III. Proceedings. IV. Persons under arrest. V. Political offenses. VI. Requisitions and surrender. VII. Temporary detention. Vm. Evidence required. IX. Delivery of foreigners. X. Persons not to be delivered. XI. Persons under obligations. XII. Expenses. XIII. Duration ; ratification. The President of the United States of America, and the President of the Republic of Colombia, with the view of facilitating the admin- istration of justice and to insure the suppression of crimes, which may be committed within the territories and jurisdictions of the two countries and the perpetrators of which may attempt to escape pun- ishment by leaving one country, and taking refuge in the other, have agreed to conclude a Convention establishing rules for the reciprocal extradition of persons accused or convicted of the crimes hereinafter enumerated. And they have for that purpose authorized and empowered their respective Plenipotentiaries, to wit : — The President of the United States of America — John G. Walker. Charge d’Affaires ad interim, and the President of the Republic of Colombia — Vicente Restrepo, Minister of Foreign Affairs, who after communicating to each other their respective full powers, which are found to be in due form, have agreed upon the following articles : Article I. The Government of the United States of America, and the Govern- ment of the Republic of Colombia, under the restrictions and limita- tions hereinafter contained, agree to deliver, reciprocally, all persons accused, or convicted, as principals or accessories, of any of the crimes mentioned in Article II of this Convention, committed within ter- ritories or jurisdiction of the one and who are found within the territories or jurisdiction of the other Government. Article II. The crimes for which extradition is to be reciprocally accorded, are as follows: 1. Murder and attempts to commit murder, by assault, poison or otherwise. • 2. Counterfeiting, or altering money, or knowingly uttering or bringing into circulation counterfeit or altered money ; counterfeiting 324 TREATIES, CONVENTIONS, ETC. or altering certificates or coupons of public indebtedness, bank notes or other instruments of public credit; or knowingly uttering or circulating the same. 3. Forgery, or altering, or uttering what is forged or altered. 4. Embezzlement, being the criminal misapplication of public or private funds, documents or property; or the funds, documents or property of municipal or other corporations, held in trust by a public officer, or as a fiduciary agent, or a confidential employe. 6. Robbery. 6. Burglary, defined to be the breaking into or entering, either in day or night time, the house, office or other building of a government, corporation or private person, with the intent of committing a felony therein. 7. Perjury or the subornation of iDerjury. 8. Rape. 9. Arson. 10. Piracy, as defined by the Law of Nations. 11. Murder, manslaughter, or assault with intent to kill, on the high seas, on board of vessels sailing under the flag of the demanding party. 12. Malicious destruction, or attempted destruction, of railways, bridges, tramways, vessels, dwellings, public edifices, or other build- ings, when the act endangers human life. Article III. When the extradition of a criminal, charged or convicted of any of the foregoing offenses, is demanded, it must be supported by the pro- duction of a duly authenticated warrant of arrest, made in accordance with the laws of the country making the demand, and the depositions upon which it is based. If the person whose extradition is demanded has already been convicted, the demand must be accompanied by a duly authenticated copy of the sentence of the court in which he w^as convicted, and with the attestation of the proper executive authority ; the latter of which must be certified by the Minister or Consul of the Government upon which the demand is made. Article IV. If the person demanded be held for trial in the country on which the demand is, made, it shall be optional wdth the latter to grant extra- dition, or to proceed with the trial : Provided, that unless the trial shall be for the crime for which the fugitive is claimed, the delay shall not prevent ultimate extradition. Article Y If it be made to appear that the extradition is sought with the view of trying or punishing the person demanded for an offense of a polit- ical character, surrender shall not take place; nor shall any person surrendered be tried or punished for a political offense, committed previously to extradition, or for any offense other than that for which extradition was gi’anted. COLOMBIA — ISSS". 325 Article VI The requisition for extradition shall be made through the diplo- matic agents of the contracting parties, or in the event of the absence of these from the country or from the seat of government, by superior consular officers. The fugitive shall be surrendered only on such evidence of criminality as would justify his arrest and trial under the laws of the country where he is found, had the crime been there conunitted. Article VII On being informed by telegraph, or other written communication, through the diplomatic channel, that a lawful warrant has been issued, by a competent authority, upon probable cause, for the arrest of a fugitive criminal, charged with any of the crimes enumerated in Article II of this Convention, and on being assured, through the same source, that a request for the surrender of such criminal is about to be made, in accordance with the provisions of this Convention, each government will endeavor to procure, so far as it lawfully may, the personal arrest of such criminal, and may keep him in safe cutody, for a reasonable time, not exceeding three months, to wait the production of the documents, upon which the claim for extradition is founded. Article VIII When a person is extradited under the formalities prescribed in this Convention, all documents and other objects, which may tend to estab- lish his, guilt, may be delivered to the demanding Government, as well as all money or effects which he may have or may have had in his pos- session or subject to his control, the unlawful possession or taking of which constitutes the offense, in ivhole or in part, for which his extra- dition is requested. Article IX In case a person, who is equally a foreigner in the United States of America and in the Republic of Colombia, takes refuge in either coun- try, after having committed any of the foregoing crimes, within one or the other jurisdiction, extradition can be accorded only after the Government, or its Representative, of which the criminal is a citizen or subject, has been duly informed, and afforded an opportunity to file objections to the extradition. Article X Neither of the high contracting jiarties shall be bound to deliver up its own citizens, under the stipulations of this Convention. Article XI The fact that the person whose extradition is demanded, has con- tracted obligations of which extradition would hinder the perform- ance, shall be no bar to his extradition. 326 TREATIES, CONVENTIOXS, ETC. Article XII The expenses of the arrest, detention, examination and transporta- tion of the accused shall be paid by the Government requesting the extradition. Article XIII The present Convention shall commence to be effective sixty days after the exchange of ratifications thereof, but offenses committed, anterior to that time, shall furnish no grounds for a demand for extradition. For the termination of this convention twelve months notice must be given by either of the high contracting parties. This Convention shall be ratified, and the ratifications exchanged in the City of Bogota, as soon as possible. In faith whereof, we, the Plenipotentiaries of the United States of America, and of the Republic of Colombia, have signed and sealed these presents, in the City of Bogota, this seventh day of May in the year of Our Lord one thousand eight hundred and eighty-eight. [seal.] John G. Walker. [seal.] Vicente Restrepo CONGO. (KONGO.) 1884. Declaration as to the Intention of the International Associ- ation OF THE Congo and the Recognition of its Flag by the United States. Signed April 22^ 1881^; advised hy the Senate April 10, 1887. declaration by 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 Niadi-Kiahm and in adjacent territories upon the Atlantic, there has been ceded to it, territory for the use and benefit of free States established, and being established, under the care and super- vision of the said Association in the said basins and adjacent terri- tories, 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 Interna- tional 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 Custom-House duties upon goods or articles of merchandise im- ported 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 establish commercial houses and to there carry on trade upon the sole condition that they shall obey the laws. They pledge themselves, moreover, never to grant to the citizens of one nation any advantages without immediately 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 BY THE UNITED STATES. Frederick T. Frelinghuysen, Secretary of State, duly empowered therefor by the President of the United States of America, and pur- suant to the advice and consent of the Senate, heretofore given, acknowledges the receipt of the foregoing notification from the Inter- 327 328 TREATIES, CONVENTIONS, ETC. national Association of the Congo, and declares that, in harmony with the traditional policy of the United States, which enjoins a proper regard for the commei’cial interests of their citizens while, at the same time, avoiding interference wdth controversies between other powers as well as alliances with foreign nations, the Government of the United States announces 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 recognize 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. [seal.] ■ Fredk. T. Frelinghuysen. 1891. Treaty or Amity, Commerce, and Navigation. Concluded January 1891 ; rati-fication advised hy the Senate Janu- ary fi, 1892; ratified hy the President January 19, 1892; ratifica- tions exchanged February 2, 1892; 'proclaimed April 2, 1892. Article.s. I. Freedom of commerce .ind navi- gation. II. Property righti?. III. Exemptions of service. IV. Religions freedom. V. Consular officers. t'l. Shipping privileges. VII. Transportation. vni. Prohibitions. IX. (Not agreed to.) X. Import duties. XI. Most favored nation privileges; XII. Other privileges. XIII. Arbitration. XIV. Conditions. XV. Ratification. The United States of America, and His Majesty Leopold II, King of the Belgians, Sovereign of the Independent State of the Congo, desiring to perpetuate, confirm and encourage the relations of com- merce and of good understanding existing already between the two respective countries by the conclusion of a treaty of amity, commerce, navigation and extradition, have for this purpose named as their respective plenipotentiaries, viz: His Excellency, the President of the United States of America, Edwin H. Terrell, Envoy Extraordinary and Minister Plenipoten- tiary of the United States of America near His Majesty the King of the Belgians; and His Majesty, Leopold II King of the Belgians, Sovereign of the Independent State of the Congo, Edm. Van Eetvelde, Administrator General of the Department of Foreign Affairs, Officer of His order of Leopold, who, after having communicated to each other their full powers, found in good and due form, have agreed upon the following articles : CONGO 1891. 329 Article I. There shall be full, entire an^l reciprocal liberty of commerce, establishment and navigation between the citizens and inhabitants of the two High contracting Parties. The citizens and inhabitants of the United States of America in the Independent State of the Congo and those of the Independent State of the Congo in the United States of America shall have reciprocally the right, on conforming to the laws of the country, to enter, travel and reside in all parts of their respective territories; to carry on business there; and they shall enjoy in this respect for the protection of their persons and their property the same treatment and the same rights as the natives, or the citizens and inhabitants of the most favored nation. They can freely exercise their industry or their business, as well wholesale as retail, in the whole extent of the territories, without being subjected, as to their persons or their property, or by reason of their business, to any taxes, general or local, imposts or conditions whatsoever other or more onerous than those which are imposed or may be imposed upon the natives other than non-civilized aborigines, or upon the citizens and inhabitants of the most favored nation. In like manner they will enjoy reciprocally the treatment of the most favored nation in all that relates to rights, privileges, exemp- tions and immunities whatsoever concerning their persons or their property, and in the matter of commerce, industry and navigation. Article II. In all that concerns the acquisition, succession, possession and alienation of property, real and jiersonal, the citizens and inhabitants of each of the High contracting Parties shall enjoy in the territories of the other all the rights which the respective laws accord or shall accord in those territories to the citizens and inhabitants of the most favored nation. Article III. The citizens and inhabitants of each of the High contracting Parties shall be exempt, in the territories of the other, from all personal service in the army, navy or militia and from all pecuniary contributions in lieu of such, as well as from all obligatory official functions whatever, except the obligation of sitting, within a radius of one hundred kilometers from the place of their residence, as a juror in judicial proceedings; furthermore, their poperty shall not be taken for the public service without an ample and sufficient compensation. They shall have free access to the courts of the other, on conform- ing to the laws regulating the matter, as well for the prosecution as for the defense of their rights, in all the degrees of jurisdiction estab- lished by law. They can be represented by lawyers, and they shall enjoy, in this respect, and in what concerns domiciliary visits to their houses, manufactories, stores, warehouses, etc., the same rights and the same advantages which are or shall be granted to the citizens and inhabitants of the most favored nation, or to natives. 330 TREATIES, CONVENTIONS, ETC. Article IV. The citizens and inhabitants of tl* two countries shall enjoy, in the territory of the other, a full and entire liberty of conscience. They shall be protected in the free exercise of their worship ; they shall have the right to erect religious edifices and to organize and maintain missions. Article V. It will be lawful for the two High contracting Parties to appoint and establish consuls, vice-consuls, deputy-consuls, consular agents and commercial agents in the territories of the other; but none of these agents can exercise his functions before having received the necessary exequatur from the Government to which he is delegated. The said agents of each of the two High contracting Parties shall enj-oy, in the territories of the other, upon the footing of a complete reciprocity, all the privileges, immunities and rights which are actu- ally granted to those of the most favored nation or which may be accorded to them hereafter. The said agents, citizens, or inhabitants of the State by which they are ajipointed, shall not be subject to preliminary arrest, except in the case of acts qualified as crimes by the local legislation and pun- ished as such. They shall be exempt from military billeting and from service in the army, navy or militia, as well as from all direct taxes, unless these should be due on account of real estate, or unless the said agents should exercise a profession or business of any kind. The said agents can raise their national flag over their oifices. The consular offices shall be at all times inviolable. The local authorities can not invade them under any pretext. They can not in any case examine or seize the papers which shall be there deposited. The consular office can not, on the other hand, serve as place of asylum, and if an agent of the consular service is engaged in business, commercial or other, the papers relating to the consulate shall be kept separate. The said agents shall have the right to exercise all the functions generally appertaining to consuls, especially in what concerns the legalization of private and public documents, of invoices and com- mercial contracts, the taking of depositions and the right of au- thenticating legal acts and documents. The said agents shall have the right to address the administrative and judicial authorities of the country in which they exercise their functions in order to complain of any infraction of the treaties or conventions existing between the two Governments, and for the pur- pose of protecting the rights and interests of the citizens and in- habitants of their country. They shall have also the right to settle all differences arising between the captains or the officers and the sailors of the sea-vessels of their nation. The local authorities shall abstain from interfering in these cases unless the maintenance of the public tranquility requires it, or, unless their assistance should be asked by the consular authority in order to assure the execution of its decisions. The local authorities will give to the said agents and, on their default to the captains or their casual representatives, all aid for the search and arrest of sailor-deserters, who shall be kept and guarded 331 foreign missions library, 156 Fifth in the prisons of the State upon the requisition and at the expense of the consuls or of the captains during a maximum delay of two months. Article VI. The citizens and inhabitants of each of the High contracting Parties shall have reciprocally, according to the same rights and conditions and with the same j^rivileges as those of the most favored nation, the right to enter with their vessels and cargoes into all the ports and to navigate upon all the rivers and interior waters of the other State. The vessels of each of the contracting Parties and of its citizens or inhabitants can freely navigate upon the waters of the territory of the other, without being subject to any other tolls, charges or obliga- tions than those which the vessels belonging to the citizens or inhab- itants of the most favored nation would have to bear. There will not be imposed by either of the contracting Parties upon the vessels belonging to the other or to the citizens or inhabitants of the other, in the matter of tonnage, port charges, pilotage, lighthouse and quarantine dues, salvage of vessels and other administrative expenses whatsoever concerning navigation, any taxes or charges whatever, other or higher than those which are or shall be imposed upon the public or private vessels of the most favored nation. It is agreed that every v^essel belonging to one of the High con- tracting Parties or to a citizen or inhabitant of one of them, having the right to bear the flag of that country and having the right to its protection, both according to the laws of that country, shall be con- sidered as a vessel of that nationality. Article VII. In what concerns the freight and facilities of transportation, and tolls, the merchandise belonging to the citizens or inhabitants of one of the contracting States transported over the roads, railroads and waterways of the other State, shall be treated on the same footing as the merchandise belonging to the citizens or inhabitants of the most favored nation. Article VIII. In the territories of neither of the High contracting Parties, shall there be e.stablished or enforced a prohibition against the importa- * tion, exportation or transit of any article of legal commerce, pro- duced or manufactured in the territories of the other, unless this prohibition shall equally and at once be extended to all other nations. Article IX. [Stricken out by the Senate. (Extradition provisions.)] Article X. The Republic of the United States of America, recognizing that it is just and necessary to facilitate to the Independent State of the Congo the accomplishment of the obligations which it has contracted 332 TREATIES, CONVENTIONS, ETC. by virtue of the General Act of Brussels of July 2"*^, 1890, admits, so far as it is concerned, that import duties may be collected upon mer- chandise imported into the said State. The tariff of these duties can not go beyond 10% of the value of the merchandise at the port of importation, during fifteen years to date from July 2"*^, 1890, except for spirits, which are regulated by the provisions of Chapter VI of the General Act of Brussels. At the expiration of this term of fifteen years, and in default of a new accord, the United States of America will be replaced, as to the Independent State of the Congo, in the situation which existed prior to July 2“'^, 1890; the right to impose import duties to a maximum of 10% upon merchandise imported into the said State remaining acquired to it, on the conditions and within the limitations deter- mined in articles XI and XII of this treaty. Article XI. The United-States shall enjoy in the Independent State of the Congo, as to the import duties, all the advantages accorded to the most favored nation. It has been agreed besides : 1. That no differential treatment nor transit duty can be estab- lished ; 2. That, in the application of the tariff regime which will be intro- duced, the Congo State will apply itself to simplify as far as possible, the formalities and to facilitate the operations of commerce. Article XII. Considering the fact that in Article X of the present treaty, the United-States of America have given their assent to the establish- ment of import duties in the Independent State of the Congo under certain conditions, it is well understood that the said Independent State of the Congo ’assures to the flag, to the vessels, to the commerce and to citizens and inhabitants of the United States of America, in all parts of the territories of that State, all the rights, privileges and immunities concerning import and export duties, tariff regime^ interior taxes and charges and, in a general manner, all commercial interests, which are or shall be accorded to the signatory Powers of the Act of Berlin, or to the most favored nation. Article XIII. In case a difference should arise between the two High contracting Parties as to the validity, interpretation, application or enforcement of any of the provisions, contained in the present treaty, and it could not be arranged amicably by diplomatic correspondence between the two Governments, these last agree to submit it to the judgment of an arbitration tribunal, the decision of which they bind themselves to respect and execute loyally. The tribunal will be composed of three members. Each of the two High contracting Parties will designate one of them, selected outside of the citizens and the inhabitants of either of the contracting CONGO 1891. 333 States and of Belgium. The High contracting Parties will ask, by common accord, a friendly Government to appoint the third arbi- trator, to be selected equally outside of the two contracting States and of Belgium. If an arbitrator should be unable to sit by reason of death, resigna- tion or for any other cause, he shall be replaced by a new arbitrator whose appointment shall be made in the same manner as that of the arbitrator whose place he takes. The majority of arbitrators can act in case of the intentional absence or formal withdrawal of the minority. The decision of the majority of the arbitrators will be conclusive upon all questions to be determined. The general expenses of the arbitration procedure will be borne, in equal parts, by the two High contracting Parties; but the expenses made % either of the parties for preparing and setting forth its case will be at the cost of that party. Article XIV. It is well understood that if the declaration on the subject of the import duties, signed July 2”^, 1890, by the signatory Powers of the Act of Berlin, should not enter into force, in that case, the present treaty would be absolutely null and without efl’ect. Article XV. The present treaty shall be subject to the approval and the ratifica- tion, on the one hand, of the President of the United- States, acting by the advice and with the consent of the Senate, and on the other hand, of His Majesty the King of the Belgians, Sovereign of the Independent State of the Congo. The ratifications of the present treaty shall be exchanged at the same time as those of the General Act of Brussels of July 2°'^, 1890, and it will enter into force at the same date as the latter. In faith of which the respective Plenipotentiaries of the High con- tracting Parties have signed the present treaty in duplicate, in Eng- lish and French, and have attached thereto their seals. Done at Brussels the twenty-fourth day of the month of January of the year Eighteen hundred and ninety one. Edwin H. Terrell, [seal.] Edm. Van Eetvelde. [seal.] COREA (KOREA.) 1882.“ Treaty of Peace, Amity, Commerce and Navigation. C oncluded May 2^2, 1882; rati-fication advised hy the Senate January 9, 1883; ratified hy the President Fehruary 13, 1883 ; ratifications exchanged May 19, 1883; proclaimed June 1^, 1883. Articles. I. Amity. II. Diplomatic and consular privi- leges. III. Asylum ; shipwrecks. IV. Protection in Korea ; exterritori- ality. V. Shipping dues; imports. VI. Residence and travel. VII. Opium traffic. I VIII. Exportation of breadstuffs and ginseng prohibited. IX. Arms and ammunition. X. Employing natives, etc. XI. Privileges to students. XII. Duration. XIII. Language of correspondence. XIV. Most favored nation privileges ; ratification. 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 ap- pointed— that is to say, the President of the United States — R. IP. Shufeldt, Commodore. TJ . S. Navy, as his Commissioner Plenipoten- tiary, and His Majesty, the King of Chosen, Shin-Chen, President of the Roycd Cabinet, Chin-Hong-Chi, Member of the Royal Cabinet. as his Commissioners Plenipotentiary, who, having reciprocally ex- amined their respective full Powers, which have been found to be in due form, have agreed upon the several following articles : Article I. There shall be perpetual peace and friendship between the Presi- dent of the United States and the King of Chosen and the citizens and subjects of their respective Governments. “Article II of the agreement between Japan and Korea, November 17, 190.5, provides ; “ The Government of Japan undertake to see to the execution of the treaties actually existing between Korea and other powers and the Government of Korea engaged not to conclude hereafter any act or engagement having an international character except through the medium of the Government of Japan.” (For correspondence between the Governments of the Ifiiited States and Japan concerning the agreement between Japan and Korea, see Foreign Relations, 1905, page 612.) 334 COBEA — 1882. 335 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 Contracting Powers may each appoint Diplomatic Kepresenta- tives to reside at the Court of the other, and may each appoint Con- sular Representatives at the ports of the other, which are open to foreign commerce, at their own convenience. These officials shall have relations with the corresponding local authorities of equal rank upon a basis of mutual equality. The Diplomatic and Consular Representatives of the two Govern- ments shall receive mutually all the privileges, rights and immunities without discrimination, which are accorded to the same class of Rep- resentatives from the most favored nation. * Consuls shall exercise their functions only on receipt of an exequa- tur from the Government, to which they are accredited. Consular authorities shall be hona fide officials. No merchants shall be per- mitted to exercise the duties of the office, nor shall Consular officers be allowed to engage in trade. At ports, to which no Consular Rep- resentatives 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 Representatives of the United States in Chosen con- duct their business in an improper manner, their exequaturs may be revoked, subject to the approval previouslj’’ obtained, of the Diplo- matic Representative of the United 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, 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 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, shall immedi- ately render assistance to the crew, provide for their present necessi- ties, 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 knowledge of the nearest Consular Representative of 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 masW or by the United States. 33G TliEATIES, CONVENTIONS, ETC. 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 the protection 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, appre- hend 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 according to the laws of Chosen ; and citizens of the United States, either on shore or in any merchant-vessel, who may insult, trouble or wound the persons or injure the j^roperty of the people 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 citi- zens of the United States and subjects of His Majesty, which need to be examined and decided by the public officers of the two nations, it is agreed between the two Governments of the United States and Chosen, that such cases shall be tried liy the proper 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 facilities for watching the proceedings in the interest of justice. If he so desires, he shall have the right to present, to examine and to cross- examine witnesses. If he is dissatisfied with the proceedings, he shall be permitted to protest against them in detail. It is however mutually agreed and understood between the High •Contracting Powers, that whenever the King of Chosen shall have so far modified and reformed the statutes and judicial procedure of his Kingdom that, in the judgment of the United States, they conform to the laws and course of justice in the United States, the right of exter- ritorial jurisdiction over United States citizens in Chosen shall be abandoned, and thereafter United States citizens, when within the limits of the Kingdom of Chosen, shall be subject to the jurisdiction of the native authorities. Article V. Merchants and merchant-vessels of Chosen visiting the United States for purposes of traffic, shall pay duties and tonnage-dues and all fees according to the Customs-Regulations of the United States, but no higher or other rates of duties and tonnage-dues shall be exacted of them, than are levied uiion 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 for purposes of traffic, shall paj" duties upon all merchandise COREA — 1882. 337 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-dnij of thirty per centum, and that native produce exported shall pay a duty not to exceed five percentum ad valorem. And it is further agreed that the duty upon foreign imports shall 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 per- mitted to reside and to rent premises, purchase land, or to construct residences or warehouses in all parts of the country. They shall be freely permitted to pursue their various callings and avocations, and to traffic in all merchandise, raw and manufactured, that is not declared contraband by law. Citizens of the United 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 resi- dences or warehouses therein. They shall be freely permitted to pur- sue their various callings and avocations within the limits of the port, and to traffic 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 King- dom, and that all rights 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 imports to the interior for sale, or to proceed thither to purchase native produce. Nor are they permitted to transport native produce from one open port to another open port. Violations of this rule will subject such merchandise to confisca- tion, and the merchant offending will be handed over to the Consular Authorities to be dealt with. 24449— VOL 1—10 22 338 TREATIES, CONVENTIONS, ETC. Article VII. The Governments of the United States and of Chosen mutually agree and undertake that subjects of Chosen shall not be permitted to import opium into any of the ports of the United States, and citi- zens of the United States shall not be permitted to import 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 pro- hibition 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. Article VIII. Whenever the Government of Chosen shall have reason to appre- hend a scarcity of food within the limits of the Kingdom, His Majesty may by Decree temporarily prohibit the export of all breadstuffs, and such Decree shall be binding on all citizens 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 Yin-Chuen. Chosen having of old prohibited the exportation of red gingseng, if citizens of the United States clandestinely purchase it for export, it shall be confiscated and the offenders punished. Article IX. The purchase of cannon, small arms, swords, gunpowder, shot and all munitions of war is permitted only to officials of the Government of Chosen, and they may be imported by citizens of the United States only under a written permit from the authorities of Chosen. If these articles are clandestinely imported, they shall be confiscated and the offending party shall be punished. Article X. The officers and people of either nation residing in the other, shall have the right to emjiloy natives for all kinds of lawful work. Should, however, subjects of Chosen, guilty of violation of the laws of the Kingdom, or against whom any action has been brought, con- ceal themselves in the residences or warehouses of United States citizens, or on board United States merchant-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 arrested by the Consular Authorities and handed over to the local constables. Officials or citizens of the United States shall not harbor such persons. COBEA — 1882. 339 Article XI. Students of either nationality, who may proceed to the country of the other, in order to study the language, literature, laws or arts, shall be given all possible protection and assistance in evidence of cordial good will. Article XII. This being the first Treaty negotiated by Chosen, and hence being general and incomplete in its provisions, shall in the first instance be put into operation in all things stipulated herein. As to stipulations not contained herein, after an interval of five years, when the officers and the people of the two Powers shall have become more familiar with each others language, a further negotiation of commercial pro- visions and regulations in detail, in conformity with international law and without unequal discriminations on either part shall be had. Article XIII. This Treaty, and future official correspondence between the two contracting Governments shall be made, on the part of Chosen, in the Chinese language. The United States shall either use the Chinese language, or, if English be used, k 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 of any nation, any right, privilege or favor, connected either 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 an}’ condition, or equivalent concession granted by the other nation interested, the United States, its officers and people shall only be entitled to the benefit of such right, 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 Yin-Chuen 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 thereafter 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 22"'^, A. D. 1882. [seal.] R. W. Shufeldt, Commodore^ U. S. Y., Envoy of the V. S. to Chosen. [seal.] Shin Chen, Chin Hong Chi I [In Chinese.'] 340 TREATIES, CONVENTIONS, ETC. [Senate resolution advising ratification.] In Executive Session, Senate of the United States, January 9, 1883. Resolved, (two thirds of the Senators present concurring,) That the Senate advise and consent to the ratification of the treaty of commerce and navigation between the United States and the Kingdom of Corea or Chosen, concluded on the 22”'’ of May 1882. Resolved, That it is the understanding of the Senate in agreeing to the fore- going resolution, that the clause, “ Nor are they permitted to transport native produce from one open jiort to another open port,” in Article VI of said treaty, it is not intended to prohibit and does not prohibit American shijis from going from one open port to another open port in Corea or Chosen to receive Corean cargo for exportation, or to discharge foreign cargo, and Re.solved, That the President be requested to communicate the foregoing inter- pretation of said clause to the Corean or Chosen government on the exchange of ratifications of .said treaty, as the sense in which the United States understand the same. Resolved further. That the Senate in advising and consenting to the treaty mentioned in the foregoing resolutions does not admit or acquiesce in any right or constitutional power in the President to authorize or empower any person to negotiate treaties or carry on diplomatic negotiations with any foreign power, unless such person shall have been appointed for such purpose or clothed with such power by and with the advice and consent of the Senate, except in the case of a Secretary of State or diplomatic officer appointed by the President to fill a vacancy occurring during the recess of the Senate, and it makes the declaration in order that the means employed in the negotiation of said treaty be not drawn into precedent. Resolved, That the Secretary communicate all the foregoing resolutions to the President. Attest; F. E. Shober, Actiny Hcvretary. COSTA RICA. 1851. Treaty of Friendship, Commerce and Navigation. Concluded July 10, 1861 ; ratifjcation advised hy the Senate March 11, 1852; ratified hy the President May 25, 1852; ratifications ex- changed May 26, 1852 ; proclaimed May 26, 1852. Articles. I. Amity. II. Freedom of commerce and navi- gation. III. Most favored nation privileges. IV. No discrimination in duties. V. Tonnage duties. VI. No discrimination on vessels. VII. Equal trade privileges. VIII. Equal treatment of citizens. IX. Exemption from military serv- ice. etc. X. Consular and diplomatic privi- leges. XI. Rights in case of war. XII. Property rights. XIII. Duration. XIV. Ratification. In the name of the Most Holy Trinity. Commercial intercourse having been for some time established be- tween the United States and the Republic of Costa Rica, it seems good for the security as well as the encouragement of such commer- cial intercourse, and for the maintenance of good understanding be- tween the United States and the said Republic, that the relations now subsisting between them should be regularly acknowledged and confirmed by the signature of a treaty of amity, commerce and navi- gation. For this purpose they have named their respective plenipo- tentiaries, that is to say : The President of the United States, Daniel Webster, Secretary of State, and his Excellency the President of the Republic of Costa Rica, Senor Don Felipe Molina, Envoy Extraordinar}^ and Minister Plenipotentiary of that Republic to the United States ; IWio, after having communicated to each other their full powers, found to be in due and proper form, have agreed upon and concluded the following articles : Article I. There shall be perpetual amity between the United States and their citizens on the one part, and the Government of the Republic of Costa Rica and its citizens on the other. Article II. There shall.be, between all the territories of the United States and the territories of the Republic of Costa Rica a reciprocal freedom of commerce. The subjects and citizens of the two countries, respec- 341 342 TREATIES, CONVENTIONS. ETC. tively, shall have liberty, freely and securely, to come with their ships and cargoes to all places, ports and' rivers in the territories afore- said, to which other foreigners are or may be permitted to come; to enter into the same, and to remain and reside in an}^ 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 jirotection and security for their commerce; subject always to the laws and statutes of the two countries resj^ectively. In like manner, the respective ships of war and post-office packets of the two countries shall have liberty, freely and securely, to come to all harbors, rivers and places to which other foreign ships of war and packets are or may be permitted to come, to enter 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. 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 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 subjects or citizens of ihe other high contract- ing 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 etfect, 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 the growth, produce or manufacture of the Eepublic of Costa Rica, and no higher or other duties shall be imposed on the importation into the territories of the Republic of Costa Rica, of any articles being the growth, prod- uce 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 ex- portation of the like articles to any other foreign countiy ; nor shall any prohibition be imposed upon the exportation or imjiortation of any articles the growth, produce or manufacture of the territories of the United States, or of the Republic of Costa Rica, t,o or from the said territories of the United States, or to or from the Republic of Costa Rica, which shall not equally extend to all other nations. COSTA RICA 1851. 343 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 of damage or shipwreck, or on account of any other local charges, shall be im- posed in any of the ports of the Republic of Costa Rica, on vessels of the United States, than those payable in the same ports by Costa Rican vessels ; nor in any of the ports of the United States, on Costa Rican 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 Republic of Costa Rica of any article being of the growth, produce or manufacture of the territories of the United States, whether such importation shall be made in Costa Rican, or in vessels of the United States ; and the same duties shall be paid on the impor- tation into the territories of the United States of any article being the growth, produce or manufacture of the Republic of Costa Rica, whether such importation shall be made in the United States or in Costa Rican vessels. The same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation to the Republic of Costa Rica of any articles being the growth, produce or manufacture of the territories of the United States, whether such exportations shall be made in Costa Rican or in United States vessels; and the same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any articles being the growth, produce or manufacture of the Repub- lic of Costa Rica to the territories of the United States, whether such exportation shall be made in United States or in Costa Rican vessels. Article VII. All merchants, commanders of ships and others, citizens of the United States, shall have full liberty, in all the territories of the Re- public of Costa Rica, to manage their own affairs themselves, or to commit them to the management of whomsoever they please, as broker, factor, agent or interpreter ; nor shall they be obliged to em- ploy any other persons in those capacities than those employed by Costa Ricans, nor to pay them any other salary or remuneration than such as is paid in like cases by Costa Rican citizens; and absolute freedom shall be allowed in all cases to the buyer and seller to bar- gain and fix the price of any goods, wares or merchandise imported into or exported from the Republic of Costa Rica, as they shall see good, observing the laws and established customs of the country. The same privileges shall be enjoyed in the territories of the United States by the citizens of the Republic of Costa Rica under the same conditions. The citizens of the high contracting parties shall reciprocally re- ceive 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, 344 TREATIES, CONVENTIONS, ETC. the advocates, 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 un- lading 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 reciprocally enjoy the same privileges, liberties and rights as native citizens^ and they shall not be charged in any of these respects with any higher imposts or duties than those which are paid or may be paid by native citizens; submitting, of course, to the local laws and regulations of each country respectively. 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 the deceased be- longed, or the representative of such Consul General or Consul in his absence, shall have the right to nominate curators to take charge of the property of the deceased, so far as the laws of the countiy will permit, for the benefit of the lawful heirs and creditors of the de- ceased, giving proper notice of such nomination to the authorities of the country. Article IX. The citizens of the United States residing in the Republic of Costa Rica, and the citizens of the Republic of Costa Rica residing in the United States, shall be exempted from all compulsory military serv- ice 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, requi- sitions, 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 ap- point Consuls for the protection of trade, to reside in any of the terri- tories of the other party ; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Govern- ment to which he is sent ; and either of the high contracting parties may except from the residence of Consuls such particular places as they judge fit to be excepted. The Costa Rican diplomatic agents and Consuls shall enjoy in the territories of the United States what- ever 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 Rican territories shall enjoy, according to the strictest reciprocity, whatever privileges, exemptions and immunities are or may be granted in the Republic of Costa Rica to the diplomatic agents and Consuls of the most favored nation. COSTA ETOA — 1851. 345 Article XI. For the better security of commerce between the citizens of the United States and the citizens of the Republic of Costa Rica, it is agreed, that if at any time any interruption of friendly intercourse, or any rupture should unfortunately take place between the two high contracting parties, the citizens of either of the two high contracting parties who may be within any of the territories of the other, shall, if residing upon the coast, be allowed six months, and if in the interior, a whole year to wind up their accounts and 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 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 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, 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, sequestered nor detained. Article XII The citizens of the United States and the citizens of the Republic of Costa Rica, respectively, residing in any of the territories of the other party, shall enjoy in their houses, persons, and properties the protection of the Government, and shall continue in possession of the guarantees which they now enjoy. They shall not be disturbed, mo- lested, 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 th^e two high contracting parties; provided they respect the religion of the nation in which they reside, as well as the constitution, laws, and customs of the country. Liberty shall also be granted to bury the citizens of either of the two high contracting parties who may die in the territories aforesaid, in burial-places of their own, which in the same manner may be freely established and maintained ; nor shall the funerals or sepulchres of the dead be disturbed in any way or upon any account. Article XIII. In order that the two high contracting parties may have the oppor- tunity of hereafter treating and agreeing upon such other arrange- ments 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 expiration of seven years from the date of the exchange of the ratifications of the present 346 TREATIES, CONVENTIONS, ETC. treaty, either of the liigh 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 con- tained 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 Jose de Costa Rica, within the space of one year, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto their respective seals. Done at Washington this tenth day of July, in the year of our Lord one thousand eight hundred and fifty-one. [seal.] Dan’l Webster, [seal.] F. Molina. 1860. Claims Convention. Concluded July 1860; ratification advised hy the Senate January 16, 1861 ; ratified hy the President November 7, 1861; time for exchange of ratiftcadions extended by the Senate March 12, 1861; ratifications exchanged November 9, 1861; 'proclaimed November 11, 1861 Articles. I. Claims ; commission. II. Meeting of commission. III. Procedure; award. IV. Payment of indemnity. V. Duration of commission, VI. Decision. VII. Cases pending termination of commission. VIII. Expenses. IX. Ratification. The United States of America and the Republic of Costa Rica, desiring to adjust the claims of citizens of said States against Costa Rica in such a manner as to cement the good understanding and friendly relations now happily subsisting between the two Republics, 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, Min- ister Resident of said United States in the Republic of Costa Rica, and his Excellency the Constitutional President of said Republic of Costa Rica, on Manuel Jose 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: Article I. It is agreed that all claims of citizens of the United States, upon the Government of Costa Rica, arising from injuries to their persons, or damages to their property, under any form whatsoever, through COSTA RICA 1860. 347 the action of aiithorities of the Republic of Costa Rica, statements of which, soliciting the interposition of the Government of the United States, have been presented to the Department of State at Washing- ton, or to the diplomatic agents of said United States at San Jose, of Costa Rica, 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 Government of the Republic of Costa Rica : 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 Rica, 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 to act, the Government of the United States of America, or that of the Republic of Costa Rica, 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 shall, each of them, exhibit a solemn oath, made and subscribed before a competent authority, that they will carefully examine into, and impartially decide, according to the principles of justice and of equity, and to the stipulations of treaty, upon all the claims laid before them, under the provisions of this Convention, by the Government of the United States, and in accordance with such evidence as shall be submitted to them on the part of said United States and of the Republic of Costa Rica, 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 Umpire, to decide upon any case or cases concerning which they may disagree, 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 min- ister of His Majesty the King of the Belgians, to the United States, whom the two high contracting parties shall invite to make such ap- pointment, and whose selection shall be conclusive on both parties. Article III. The Arbitrator, or Umpire, being appointed, the Commissioners shall, without delay, proceed to examine and determine the claims which may be presented to them, under the provisions of this Con- vention, by the Government of the United States, as stated in the preceding article; and they shall hear, if required, one person in behalf or each Government, on every separate claim. 348 TEEATTES, CONVENTIONS, ETC, Each Government shall furnish, upon request of either of the com- missioners, such papers in its possession as may be deemed important to the just determination of anj' claims of citizens of the United States, referred to the board, under the provisions of the first ai'ticle. In cases, whether touching injuries to the person, limb or life of any said citizens, or damages committed, as stipulated in the first article, against their property, in which the Commissioners may agree to award an indemnity, thej'^ 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 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 Com- missioners, in either manner above indicated, and of the sums also accruing from such certificates of award as the Arbitrator, or Um- pire, may, under the authority hereinafter conferred by the seventh article, have made and issued, with the rate of interest stipulated in the present article, in favor of any claimant or claimants, shall be paid to the Government of the United States, in the city of Washing- ton, in equal semi-annual instalments. It is, however, hereby agreed, 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 suc- ceeding 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 be perfected within the term of ten years from the termination of said commission; and each of said sums shall bear interest (also payable semiannually) at the rate of six per cent, per annum, from the day on which the awards, respectively, will have been decreed. To meet these payments, the Government of the Eepublic of Costa Rica hereby specially appropriates fifty per cent, of the net proceeds of the revenues arising from the customs of the said Republic ; but if such appropriation should prove insufficient to make the payments as above stipulated, the Government of said Republic binds itself to provide other means for that purpose. Article V. The Commission herein provided shall terminate its labors in nine months from and including the day of its organization. They shall keep an accurate record of all their proceedings, and they may ap- point a secretary, versed in the knowledge of the English and of the Spanish languages, 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. COSTA RICA 1860. 349 Article VI. The proceedings of this Commission shall be final and conclusive with respect to all the claims of citizens of the United States, which, having accrued prior to the date of this convention, may be brought before it for adjustment; and the United States agree forever to re- lease the Government of the Republic of Costa Rica 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 Govern- ment of Costa Rica shall have 2irovided for and satisfied in the man- ner agreed upon in the fourth article. Article VII. In the event, however, that upon the termination of the labors of said Commission stiiDulated for in the fifth article of this convention, any case or cases should be jiending before the Umjiire, and awaiting his decision, it is hereby understood and agreed by the two contract- ing parties that, though the Board of Commissioners may, by such limitation, have terminated their action, said Umpire is hereby au- thorized and empowered to joroceed to make his decision or award in such case or cases j^iendingas aforesaid; and, upon his certificate there- of, in such case, transmitted to each of the two Governments, mention- ing the amount of indemnity, if such shall have been allowed by him, together with the rate of interest specified 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 de- cision of the case or of the cases, respectively, pronounced by the Um- pire of said board, during the period prescribed for its sessions : Pro- vided^ however, That a decision on every case that may be pending at the termination of the labors of the board shall be given by the Um- pire 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. Article VIII. Each Government shall jDay its own Commissioner ; but the Umpire, as well as the incidental expenses of the commission, including the 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 Republic of Costa Rica. Article IX. The present convention shall be approved and ratified by the Presi- dent of the United States of America, by and with the advice and consent of the Senate of the said States; and by the President of the Republic of Costa Rica, with the consent and apjDrobation of the Supreme Legislative Power of said Republic; 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 jiossible. 350 TBEATIES, CONVENTIONS, ETC. In faith whereof, and by virtue of our respective powers, we, the undersigned, have signed the present convention, in duplicate, and have hereunto affixed our seals. Done at the city of San Jose, 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 in- dependence of Costa Rica the thirty-ninth. [seal.] Alex’r Dimitry. [seal.] Manuel J. Carazo. [seal.] Fran’co M. Yglesias. The commission provided for under the foregoing convention met at Washington February 8, 1862, adjourned November 6, 1862, and awarded $25,704.14 against Costa Rica. 1899. Copyright Proclamation. MJiereas it is provided by section 13 of the act of Congress of March 3, 1891, entitled “An act to amend title sixty, chapter three, of the Revised Statutes of the United States, relating to copyrights,” that said act “ shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substan- tially the same basis as its own citizens ; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States of America may, at its pleasure, become a party to such agreement;” And whereas it is also provided by said section that “the existence of either of the conditions aforesaid shall be determined by the Presi- dent of the United States by proclamation made from time to time as the purposes of this act may require ;” And whereas satisfactory official assurances have been given that in the Republic of Costa Rica the law permits to citizens of the United States of America the benefit of copyright on substantially the same basis as to the citizens of that Republic : Now, therefore, I, William McKinley, President of the United States of America, do declare and proclaim that the first of the con- ditions specified in section 13 of the act of March 3, 1891, now exists and is fulfilled in respect to the citizens of Costa Rica. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this nineteenth day of October, one thousand eight hundred and ninety-nine, and of the Independence of the United States the one hundred and twenty- fourth. William McKinley. By the President: John Hay, Secretary of State. COSTA EICA — 1900-1909. 351 1900. Protocol for the Construction of an Interoceanic Canal. Concluded December i, 1900. It is agreed between the two Governments that when the President of the United States is authorized by law to acquire control of such portion of the territory now belonging to Costa Rica as may be desir- able and necessary on which to construct and protect a canal of depth and capacity sufficient for the passage of vessels of the greatest ton- nage and draft now in use, from a point near San Juan del Norte on the Caribbean Sea, via Lake Nicaragua to Brito on the Pacific Ocean, they mutually engage to enter into negotiations with each other to settle the plan and the agreements, in detail, found necessary to accomplish the construction and to provide for the ownership and control of the proposed canal. As preliminary to such future negotiations it is forthwith agreed that the course of said canal and the terminals thereof shall be the same that were stated in a treaty signed by the Plenipotentiaries of the United States and Great Britain on February 5, 1900, and now pending in the Senate of the United States for confirmation, and that the provisions of the same shall be adhered to by the United States and Costa Rica. In witness whereof, the undersigned have signed this protocol and have hereunto affixed their seals. Done in duplicate at Washington this first day of December, 1900. John Hay [seal.] J. B. Calvo. [seal.] 1909 Arbitration Convention « Signed at Washington, January 13, 1909; ratif,cation advised by the Senate, January 20, 1909; rati-fted by the President, March 1, 1909; ratifications exchanged at W ashington, July 20, 1909; proclaimed, July 21, 1909. Articles I. Differences to be submitted I III. Duration II. Speciai agreement | IV. Ratification The Government of the United States of America, signatory of The Hague Convention for the Pacific Settlement of International Disputes, concluded at The Hague on July 29, 1899, and the Govern- ment of the Republic of Costa Rica, being desirous of referring to arbitration all questions which they shall consider possible to submit to such treatment; Taking into consideration that by Article XXVI of the said Con- vention the jurisdiction of the Permanent Court of Arbitration 352 TKEATIES, CONVENTIONS, ETC. established at The Hague by that Convention may, within the condi- tions laid down in the regulations, be extended to disputes between signatory powers and nonsignatory powers, if the Parties are agreed on recourse to that Tribunal; Have authorized the undersigned to conclude the following Con- vention : Article I. Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two Contracting Par- ties, and which it may not have been possible to settle by diplomacy, shall be refered to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, for the pacific settlement of international disputes, provided, nevertheless, that the}^ do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties. Article II. In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement, defining clearly the matter in dispute, the scope of the powers of the arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of Costa Pica shall be subject to the procedure required by the Constitution and laws thereof. Article III. The present Convention is concluded for a period of five years, and shall remain in force thereafter until one year’s notice of termination shall be given by either party. Article IV. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of Costa Eica in accordance Avith the Constitution and laAvs thereof. The ratifications shall be ex- changed at Washington as soon as possible, and the Convention shall take effect on the date of the exchange of its ratifications. Done in duplicate in the English and Spanish languages at Wash- ington, this 13th day of January, in the year one thousand nine hun- dred and nine. Elihit Koot [ seal] J. B. Calvo [seal] CUBA. 1902. Commercial Convention.®-*’ Concluded December ii, 1902 ; rati-fication advised l)y Senate March 19, 1903; ratified hy President March 30, 1903; ratifications ex- changed March 31, 1903; proclaimed December 17, 1903. Articles. I. Articles on free list. II. Articles of Cuba admitted at re- duction of 20 per cent. III. Articles of United States admitted at reduction of 20 per cent. IV. Articles of United States admitted at reductions of 25, 30, and 40 per cent, respectively. V. Regulations to protect revenue. ' VI. Tobacco. ITI. Similar articles. VIII. Rates of duty to continue prefer- ential. IX. National or local taxes. X. Changes of tariff; revision of treaty. XI. Ratification ; duration. The President of the United States of America and the President of the Republic of Cuba, animated by the desire to strengthen the bonds of friendship between the two countries, and to facilitate their commercial intercourse by improving the conditions of trade between them, have resolved to enter into a convention for that purpose, and have appointed their respective Plenipotentiaries, to-wit : — The President of the United States of America, the Honorable General Tasker H. Bliss; The President of the Republic of Cuba, the Honorable Carlos de Zaldo y Beurmann, Secretary of State and Justice, and the Honor- able Jose M. Garcia _y Montes, Secretary of the Treasury; Avho, after an exchange of their full powers found to be in good and due form, have, in consideration of and in compensation for the respective concessions and engagements made by each to the other as hereinafter recited, agreed and do hereby agree upon the following Articles for the regulation and government of their reciprocal trade, namely : — Article I. During the term of this convention, all articles of merchandise be- ing the product of the soil or industry of the United States which are now imported into the Republic of Cuba free of duty, and all articles of merchandise being the product of the soil or industry of the Republic of Cuba which are now imported into the United States free of duty, shall continue to be so admitted by the respective coun- tries free of duty. ® By act approved December 17, 1903, Congress gave Its approval to this con- vention. ** U. S. V. American Sugar Refining Company (202 U. S., 563); Sugar Re- fining Co. V. U. S. (144 Fed. Rep., 563) ; M. J. Dalton Co. v. United States (151 Fed. Rep., 143) ; Faber v. United States (157 Fed. Rep., 140). 23 24449— VOL 1-10- 353 354 TBEATIES, CONVENTIONS, ETC. Article II. During the term of this convention, all articles of merchandise not included in the foregoing Article I and being the product of the soil or industry of the RepuWic of Cuba import^ into the United States shall be admitted at a reduction of twenty percentum of the rates of duty thereon as provided by the Tariff Act of the United States approved July 24, 1897, or as may be provided by any tariff law of the United States subsequently enacted. Article III. During the term of this convention, all articles of merchandise not included in the foregoing Article I and not hereinafter enumerated, being the product of the soil or industry of the United States, im- ported into the Republic of Cuba shall be admitted at a reduction of twenty per centum of the rates of duty thereon as now provided or as may hereafter be provided in the Customs Tariff of said Republic of Culia. Article IV. During the term of this convention, the following articles of mer- chandise as enumerated and described in the existing Customs Tariff of the Republic of Cuba, being the product of the soil or industry of the United States imported into Cuba shall be admitted at the follow- ing respective reductions of the rates of duty thereon as now provided or as may hereafter be provided in the Customs Tariff of the Republic of Cuba ; — Schedule A. To be admitted at a reduction of twenty five (25) per centum: Machinery and apparatus of copper or its alloys or machines and apparatus in which copper or its alloys enter as the component of chief value; cast iron, wrought iron and steel, and manufactures thereof; of crystal and glass, except window glass; ships and water borne vessels of all kinds, of iron or steel ; whiskies and brandies, fish, salted, pickled, smoked or marinated; fish or shellfish, preserved in oil or otherwise in tins ; articles of pottery or earthenware now classi- fied under Paragraphs 21 and 22 of the Customs Tariff of the Re- public of Cuba. Schedule B. To be admitted at a reduction of thirty (30) percentum: Butter ; flour of wheat ; corn ; flour of corn or corn meal ; chemical and pharmaceutical products and simple drugs; malt liquors in bot- tles ; non-alcoholic beverages ; cider ; mineral waters, colors and dyes ; window glass; complete or partly made up articles of hemp, flax, pita, jute, henequen, ramie, and other vegetable fibers now classified under the paragraphs of Group 2, Class V, of the Customs Tariff of the Republic of Cuba; musical instruments; writing and printing paper, except for newspapers; cotton and manufactures thereof, ex- cept knitted goods (see Schedule C) ; all articles of cutlery; boots, shoes and slippers, now classified under Paragraphs 197 and 198 of CUBA 1902. 355 the Customs Tariff of the Republic of Cuba ; gold and silver plated ware; drawings, photographs, engravings, lithographs, cromolitho- graphs, oleographs, etc., printed from stone, zinc, aluminium, or other material, used as labels, flaps, bands and wrappers for tobacco or other purposes, and all the other papers (except paper for ciga- rettes, and excepting maps and charts), pasteboard and manufactures thereof, now classified under Paragraphs 157 to 164 inclusive of the Customs Tariff of the Republic of Cuba ; common or ordinary soaps, now classified under Paragraph 105, letters “A” and “ B ”, of the Customs Tariff of the Republic of Cuba ; vegetables, pickled or pre- served in any manner; all wines, except those now classified under Paragraph 279 (a) of the Customs Tariff of the Republic of Cuba. Schedule C . To be admitted at a reduction of forty (40) per centum: Manufactures of cotton, knitted, and all manufactures of cotton not included in the preceding schedules ; cheese ; fruits, preserved ; paper pulp; perfumery and essences; articles of pottery and earthenware now classified under Paragraph 20 of the Customs Tariff of the Re- public of Cuba; porcelain; soaps, other than common, now classified under Paragraph 105 of the Customs Tariff of the Republic of Cuba; umbrellas and parasols; dextrine and glucose; watches; wool and manufactures thereof ; silk and manufactures thereof ; rice ; cattle. Article V. It is understood and agreed that the laws and regulations adopted, or that may be adopted, by the United States and by the Republic of Cuba, to protect their revenues and prevent fraud in the declarations and proofs that the articles of merchandise to which this convention may apply are the product or manufacture of the United States and the Republic of Cuba, respectively, shall not impose any additional charge or fees therefor on the articles imported, excepting the con- sular fees established, or which may be established, by either of the two countries for issuing shipping documents, which fees shall not be higher than those charged on the shipments of similar merchandise from any other nation whatsoever. Article VI. It is agreed that the tobacco, in any form, of the United States or of any of its insular possessions, shall not enjoy the benefit of any concession or rebate of duty when imported into the Republic of Cuba. Article VII. It is agreed that similar articles of both countries shall receive equal treatment on their importation into the ports of the United States and of the Republic of Cuba, respectively. Article VIII. The rates of duty herein granted by the United States to the Republic of Cuba are and shall continue during the term of this con- 356 TREATIES, CONVENTIONS, ETC. vention preferential in respect to all like imports from other coun- tries, and, in return for said preferential rates of duty granted to the Eepublic of Cuba by the United States, it is agreed that the conces- sion herein granted on the part of the said Republic of Cuba to the products of the United States shall likewise be, and shall continue, during the term of this convention, jireferential in respect to all like imports from other countries. Provided, That while this convention is in force, no sugar imported from the Republic of Cuba, and being the product of the soil or industry of the Republic of Cuba, shall be admitted into, the United States at a reduction of duty greater than twenty per centum of the rates of duty thereon as provided by the tariff act of the United States approved July 2d, 1897, and no sugar, the product of any other foreign country, shall be admitted by treaty or convention into the United States, while this convention is in force, at a lower rate of duty than that provided by the tariff act of the United States approved July 24, 1897. Article IX. In order to maintain the mutual advantages granted in the present convention by the United States to the Republic of Cuba and by the Republic of Cuba to the United States, it is understood and agreed that any tax or charge that may be imposed by the national or local authorities of either of the two countries upon the articles of mer- chandise embraced in the provisions of this convention, subsequent to importation and iirior to their entering into consumption in the respective countries, shall be imposed and collected without discrimi- nation upon like articles whencesoever imported. Article X. It is hereby understood and agreed that in case of changes in the tariff of either country which deprive the other of the advantage which is represented by the percentages herein agreed upon, on the actual rates of the tariffs now in force, the country so deprived of this protection reserves the right to terminate its obligations under this convention after six months’ notice to the other of its intention to arrest the operations thereof. And it is further understood and agreed that if, at any time during the term of this convention, after the expiration of the first year, the protection herein granted to the products and manufactures of the United States on the basis of the actual rates of the tariff of the Republic of Cuba now in force, should appear to the government of the said Republic to be excessive in view of a new tariff law that may be adopted by it after this convention becomes operative, then the said Republic of Cuba may reopen negotiations with a view to secur- ing such modifications as may appear proper to both contracting parties. Article XI. The present convention shall be ratified by the appropriate authori- ties of the respective countries, and the ratifications shall be ex- changed at Washington, District of Columbia, United States of CUBA 1902-1903. 357 America, as soon as may be before the thirty-first day of January, 1903, and the convention shall go into effect on the tenth day after the exchange of ratifications, and shall continue in force for the term of five (5) years from date of going into effect, and from year to year (hereafter until the expiration of one year from the day when either of the contracting j^arties shall give notice to the other of its inten- tion to terminate the same. This convention shall not take effect until the same shall have been apjjroved by the Congress. In witness whereof we, the respective Plenipotentiaries, have signed the same in duplicate, in English and Spanish, and have affixed our respective seals, at Havana, Cuba, this eleventh day of December, in the year one thousand nine hundred and two. Tasker H. Bliss [seal.] Carlos de Zaldo [seal.] Jose M. Garcl\ Montes [seal.] 1903. Supplementary Commercial Convention. Concluded January ^6“, 1903; ratification advised hy the senate Feh- ruai^ 16^ 1903; ratified hy the President March 30, 1903; ratifica- tions exchanged March 31, 1903; froclaimed December 17, 1903. The President of the United States of America and the President of the Republic of Cuba considering it expedient to prolong the period within which, by Article XI of the Commercial Convention, signed by their respective plenipotentiaries at Habana on December 11, 1902, the exchange of ratifications of the said convention shall take place, have for that purpose appointed their respective plenipo- tentiaries, namely: The President of the United States of America, John Hay, Secre- tary of State of the United States of America ; and The President of Cuba, Gonzalo de Quesada, Envoy Extraordinary and Minister Plenipotentiary to the United States ; Who, after having communicated each to the other their respective full powers, which were found to be in good and due form have agreed upon the following additional and amendatory article to be taken as a part of said Convention : SOLE ARTICLE. The respective ratifications of the said Convention shall be ex- changed as soon as possible, and within two months from January 31, 1903. Done in duplicate at Washington this twenty-sixth day of January A. D. 1903. John Hay [seal] Gonzalo de Quesada [seal] 358 TKEATIES, CONVENTIONS, ETC. 1903. Agreement for the Lease to the United States of Lands in Cuba for Coaling and Naval Stations. Signed hy the President of Cuba February 16, 1903, and by the Presi- dent of the United States Febrxoary 23, 1903. Akticles. I. Lease of land. I III. Jurisdiction. II. Waters. I AGEEEMENT Between the United States of America and the Republic of Cuba for the lease (subject to terms to be agreed upon by the two Govern- ments) to the United States of lands in Cuba for coaling and naval stations. The United States of America and the Republic of Cuba, being desirous to execute fully the provisions of Article VII of the Act of Congress approved March second, 1901, and of Article VII of the Appendix to the Constitution of the Republic of Cuba promulgated on the 20th of May, 1902, which provide : “Article VII. To enable the United States to maintain the inde- pendence of Cuba, and to protect the people thereof, as well as for its own defense, the Cuban Government will sell or lease to the United States the lands necessary for coaling or naval stations, at certain specified points, to be agreed upon with the President of the United States.” have reached an agreement to that end, as follows : Article I. The Republic of Cuba hereby leases to the United States, for the time required for the purposes of coaling and naval stations, the fol- lowing described areas of land and water situated in the Island of Cuba : 1st. In Guantanamo (see Hydrographic Office Chart 1857). From a point on the south coast, 4.37 nautical miles to the eastward of Windward Point Light House, a line running north (true) a dis- tance of 4.25 nautical miles; From the northern extremity of this line, a line running west (true), a distance of 5.87 nautical miles; From the western extremity of this last line, a line running south- west (true), 3.31 nautical miles; From the southwestern extremity of this last line, a line running south (true), to the seacoast. This lease shall be subject to all the conditions named in Article II of this agreement. 2nd. In Northwestern Cuba (see Hydrographic Office Chart 2036). In Bahia Honda (see Hydrographic Ofece Chart 520b). CUBA — ^1903, 359 All that land included in the peninsula containing Cerro del Morrillo and Punta del Carenero situated to the westward of a line running south (true) from the north coast at a distance of thirteen hundred yards east (true) from the crest of Cerro del Morrillo, and all the adjacent waters touching upon the coast line of the above described peninsula and including the estuary south of Punta del Carenero Avith the control of the headwaters as necessary for sanitary and other purposes. And in addition all that piece of land and its adjacent waters on the western side of the entrance to Bahia Honda included between the shore line and a line running north and south (true) to low water marks through a point which is west (true) distant one nautical mile from Pta. del Cayman. Article II. The grant of the foregoing Article shall include the right to use and occupy the waters adjacent to said areas of land and water, and to improve and deepen the entrances thereto and the anchorages therein, and generally to do any and all things necessary to fit the premises for use as coaling or naval stations only, and for no other purpose. Vessels engaged in the Cuban trade shall have free passage through the waters included within this grant. Article III. While on the one hand the United States recognizes the continuance of the ultimate sovereignty of the Republic of Cuba over the above described areas of land and water, on the other hand the Republic of Cuba consents that during the period of the occupation by the United States of said areas under the terms of this agreement the United States shall exercise complete jurisdiction and control over and Avithin said areas with the right to acquire (under conditions to be hereafter agreed upon by the two Governments) for the public purposes of the United States any land or other property therein by purchase or by exercise of eminent domain with full compensation to the owners thereof. Done in duplicate at Habana, and signed by the President of the Republic of Cuba this sixteenth day of February, 1903. [seal] T. Estrada Palma. Signed by the President of the United States the twenty third of February, 1903. [seal] Theodore Roosevelt 360 TKEATIES. CONVENTIONS, ETC. 1903. Lease to the United States by Cuba of Land and Water for Naval or Coaling Stations in Guantanamo and Bahia Honda. Signed July £, 1903; approved hy the President October 2, 1903; ratified by the President of Cuba August 17, 1903; ratifications exchanged October 6, 1903. Articles. I. Eental ; acquirement of land ; pay- ment. II. Survey. III. Occupation. IV. Fugitives. V. Duties, etc. VI. Jurisdiction. VII. Ratification. The United States of America and the Republic of Cuba, being desirous to conclude the conditions of the lease of areas of land and water for the establishment of naval or coaling stations in Guantanamo and Bahia Honda the Republic of Cuba made to the United States by the x\greement of February lG/23, 1903, in fulfillment of the pro- visions of Article Seven of the Constitutional Appendix of the Re- public of Cuba, have appointed their Plenipotentiaries to that end. — The President of the United States of America, Herbert G. Squiers, Envoy Extraordinary and Minister Plenipotentiary in Havana, And the President of the Republic of Cuba, Jose ]\I. Garcia Montes, Secretary of Finance, and acting Secretary of State and Justice, who, after communicating to each other their respective full powers, found to be in due form, have agreed upon the following Articles ; — Article I. The United States of xVmerica agrees and covenants to pay to the Republic of Cuba the annual sum of two thousand dollars, in gold coin of the United States, as long as the former shall occupy and use said areas of land by virtue of said Agreement. All private lands and other real property within said areas shall be acquired forthwith by the Republic of Cuba. The United States of America agrees to furnish to the Republic of Cuba the sums necessary for the purchase of said private lands and properties and such sums shall be accepted by the Republic of Cuba as advance payment on account of rental due by virtue of said Agree- ment. Article TT. The said areas shall be surveyed and their boundaries distinctly marked by permanent fences or inclosures. The expenses of construction and maintenance of such fences or inclosures shall be borne by the United States. Article III. The United States of America agrees that no jierson, partnership, or corporation shall be permitted to establish or maintain a commer- cial, industrial or other enterprise within said areas. CUBA — 1903. 361 Article IV. Fugitives from justice charged with crimes or misdemeanors amen- able to Cuban law, taking refuge within said areas, shall be delivered up by the United States authorities on demand by duly authorized Cuban authorities. On the other hand the Republic of Cuba agrees that fugitives from justice charged with crimes or misdemeanors amenable to United States law, committed within said areas, taking refuge in Cuban territory, shall on demand, be delivered up to duly authorized United States authorities. Article V. Materials of all kinds, merchandise, stores and munitions of war imported into said areas for exclusive use and consumption therein, shall not be subject to payment of customs duties nor any other fees or charges and the vessels which may carry same shall not be subject to payment of jiort, tonnage, anchorage or other fees, except in case said vessels shall be discharged without the limits of said areas ; and said vessels shall not be discharged without the limits of said areas otherwise than through a regular port of entry of the Republic of Cuba when both cargo and vessel shall be subject to all Cuban Cus- toms laws and regulations and payment of corresponding duties and fees. It is further agreed that such materials, merchandise, stores and munitions of war shall not be transported from said areas into Cuban Territory. Article VI. Except as provided in the preceding Article vessels entering into or departing from the Bays of Guantanamo and Bahia Honda within the limits of Cuban territory shall be subject exclusively to Cuban laws and authorities and orders emanating from the latter in all that respects port police. Customs or Health, and authorities of the United States shall place no obstacle in the way of entrance and departure of said vessels except in case of a state of war. Article VII. This lease shall be ratified and the ratifications shall be exchanged in the City of Washington within seven months from this date. In witness whereof. We, the respective Plenipotentiaries, have signed this lease and hereunto affixed our Seals. Done at Havana, in duiolicate in English and Spanish this second day of July nineteen hundred and three. [seal.] H. G. Squiers. [seal.] Jose M. Garcia Montes. 362 TREATIES, CONVENTIONS, ETC. 1903.“ Relations avith Cuba. Concluded May ^2, 1903; ratification advised hy Senate March 22^ 190 If.; ratified hy the President June 25, 190 If.; ratifications ex- changed July 1, 1904. Proclaimed July 2, 190\. Articles. I. Treaties with foreign powers. II. Public debts. III. Intervention to maintain inde- pendence. lA'’. Acts during military occupation. V. Sanitation of cities. AT. Island of Pines. VII. Coaling stations. ATII. Ratification. Whereas the Congress of the United States of America, by an Act approved March 2, 1901, provided as folloAvs : Provided further. That in fulfillment of the declaration contained in the joint resolution approved April twentieth, eighteen hundred and ninety-eight, entitled, “ For the recognition of the independence of the people or Cuba, demanding that the Government of Spain relinquish its authority and government in the island of Cuba, and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States to carry these resolutions into effect,” the President is hereby authorized to “ leave the government and control of the island of Cuba to its people ” so soon as a govern- ment shall haA^e been established in said island under a constitution which, either as a part thereof or in an ordinance appended thereto, shall define the future relations of the United States with Cuba, sub- stantially as follows : “ I. That the government of Cuba shall never enter into any treaty or other compact Avith any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any manner au- thorize or permit any foreign ^oower or jiowers to obtain by coloniza- tion or for military or naval purposes or otherwise, lodgment in or control OA^er any portion of said island.” “ II. That said government shall not assume or contract an}'^ public debt, to pay the interest upon which, and to make reasonable sinking fund provision for the ultimate discharge of which, the ordinary revenues of the island, after defraying the current expenses of gov- ernment shall be inadequate.” “ III. That the goA^ernment of Cuba consents that the United States may exercise the right to intervene for the preservation of Cuban inde- pendence, the maintenance of a government adequate for the protec- tion of life, property, and indiAudual liberty, and for discharging the obligations Avith respect to Cuba imposed by the treaty of Paris on the United States, now to be assumed and undertaken by the gov- ernment of Cuba.” “ IV. That all Acts of the United States in Cuba during its mili- tary occupancy thereof are ratified and validated, and all lawful rights acquired thereunder shall be maintained and protected.” “O’Reilly de Camara v. Brooke (209 U. S., 45) ; American Sugar Refining Co. v. United States (136 Fed. Rep., 508). CUBA — 1903. 363 “ V. That the government of Cuba will execute, and as far as necessary extend, the plans already devised or other plans to be mutually agreed upon, for the sanitation of the cities of the island, to the end that a recurrence of epidemic and infectious diseases may be prevented thereby assuring protection to the people and commerce of Cuba, as well as to the commerce of the southern ports of the United States and the people residing therein.” “ VI. That the Isle of Pines shall be omitted from the proposed constitutional boundaries of Cuba, the title thereto being left to future adjustment by treaty.” “ VII. That to enable the United States to maintain the inde- pendence of Cuba, and to protect the people thereof, as well as for its own defense, the government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations at certain specified points to be agreed upon with the President of the United States. “ VIII. That by way of further assurance the government of Cuba will embody the foregoing provisions in a permanent treaty with the United States.” "Whereas the Constitutional Convention of Cuba, on June twelfth, 1901, adopted a Resolution adding to the Constitution of the Re- public of Cuba which was adopted on the twenty-first of February 1901, an appendix in the words and letters of the eight enumerated articles of the above cited act of the Congress of the United States; And whereas, by the establishment of the independent and sover- eign government of the Republic of Cuba, under the constitution promulgated on the 20th of May, 1902, which embraced the fore- going conditions, and by the withdrawal of the Government of the United States as an intervening power, on the same date, it becomes necessary to embody the above cited provisions in a permanent treaty between the United States of America and the Republic of Cuba ; The United States of America and the Republic of Cuba, being desirous to carry out the foregoing conditions, have for that pur- pose appointed as their plenipotentiaries to conclude a treaty to that end, The President of the United States of America, Herbert G. Squiers, Envoy Extraordinary and Minister Plenipotentiary at Havana, And the President of the Republic of Cuba, Carlos de Zaldo y Beurmann, Secretary of State and Justice, — who after communica- ting to each other their full powers found in good and due form, have agreed upon the following articles : Article I. The Government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any manner authorize or permit any foreign power or powers to obtain by colonization or for military or naval purposes, or otherwise, lodgment in or control over any portion of said island. Article II. The Government of Cuba shall not assume or contract any public debt to pay the interest upon which, and to make reasonable sinking- 364 TREATIES, CONVENTIONS, ETC. fund provision for the ultimate discharge of which, the ordinary revenues of the Island of Cuba, after defraying the current expenses of the Government, shall be inadequate. Article III. The Government of Cuba consents that the United States may exercise the right to intervene for the preservation of Cuban inde- Iiendence, the maintenance of a government adequate for the protec- tion of life, property, and individual liberty, and for discharging the obligations with respect to Cuba imposed by the Treaty of Paris on the United States, now to be assumed and undertaken by the Government of Cuba. Article IV. All acts of the United States in Cuba during its military occupancy thereof are ratified and validated, and all lawful rights acquired thereunder shall be maintained and protected. Article V. The Government of Cuba will execute, and, as far as necessary, extend the plans already devised, or other plans to be mutually agreed upon, for the sanitation of the cities of the island, to the end that a recurrence of epidemic and infectious diseases may be pre- vented, thereby assuring protection to the people and commerce of Cuba, as well as to the commerce of the Southern ports of the United States and the people residing therein. Article VI. The Island of Pines shall be omitted from the boundaries of Cuba specified in the Constitution, the title thereto being left to future adjustment by treaty. Article VII. To enable the United States to maintain the independence of Cuba, and to protect the people thereof, as well as for its own defense, the Government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations, at certain specified points, to be agreed upon with the President of the United States. Article VIII. Tlie present Convention shall be ratified by each party in con- formity with the respective Constitutions of the two countries, and the ratifications shall be exchanged in the City of Washington within eight months from this date. In witness whereof, we the respective Plenipotentiaries, have signed the same in duplicate, in English and Spanish, and have affixed our respective seals at Havana, Cuba, this twenty-second day of May, in the year nineteen hundred and three. H. G. Squiers. [seal.] Carlos de Zaldo. [seal.] CUBA — 1903-1904. 365 1903. COPYKIGHT. BY THE PRESIDENT OF THE tTNlTED STATOS OF AMERICA, A PROCLAMATION. Whereas, it is provided by section 13 of the act of Congress of March 3, 1891, entitled “An act to amend title sixty, chapter three, of the Revised Statutes of the United States, relating to copyrights ”, that said act “ shall only apply to a citizen or subject of a foreign state or nation Avhen such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substan- tially the same basis as its own citizens; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States of America may, at its pleasure, become a party to such agreement ” ; And Whereas it is also provided by said section that “ the existence of either of the conditions aforesaid shall be determined by the Presi- dent of the United States by proclamation made from time to time as the purposes of this act may require ” ; And Whereas satisfactory official assurances have been given that in Cuba the law permits to citizens of the United States the benefit of copvright on substantiallv the same basis as to the citizens of Cuba : ■ Now, Therefore, I, Theodore Roosevelt, President of the United States of America, do declare and proclaim that the first of the con- ditions specified in section 13 of the act of March 3, 1891, now exists and is fulfilled in respect to the citizens of Cuba. In Testimony Whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this 17th day of November one thousand nine hundred and three and of the inde- [SEAL.J pendence of the United States the one hundred and twenty-eighth. Theodore Roosevelt By the President : John Hay Secretary of State. 1904. Relations with Cuba (Supplementary). Signed January 20, 190 Jf; ratification advised hy Senate January 27, 190 If.; ratified hy the President June 25, 1901^; ratifieations ex- changed Jxdy 1, 190 If,’ f reclaimed Jidy 2, 190 1^. The United States of America and the Republic of Cuba, consider- ing it expedient to prolong the period within which, by Article VIII of the treaty signed by their respective plenipotentiaries on May 22, 1903, embodying the provisions defining the future relations of the 366 TREATIES, CONVENTIONS, ETC. United States with Cuba, contained in the act of Congress of the United States approved March 2, 1901, the exchange of ratifications of the said treaty shall take place, have for that purpose appointed their respective Plenipotentiaries, namely : The President of the United States of America, John Hay, Secre- tary of State of the United States; and The President of Cuba, Gonzalo de Quesada, Envoy Extraordinary and Minister Plenipotentiary of Cuba at Washington :, who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following additional article to be taken as part of said treaty. Sole Article. The respective ratifications of the said treaty shall be exchanged as soon as possible and within six months from January 21, 1904. Done in duplicate at Washington in the English and Spanish languages, this 20th day of January A. D. 1904. J ohn Hay [seal] Gonzalo de Quesada [seal] 1904. Extradition Treaty. Concluded April 6, 190 If.; ratification advised hy the senate April 26, 1904/ ratified hy the President January 24, 1905; ratifications ex- changed January 31, 1905; proclaimed February 8, 1905. I. Persons to be delivered. II. Extraditable crimes. III. Requisition ; procedure. IV. Arrest on tele?:rapb. V. Nondelivery of citizens. VI. Political offenses. VII. Limitations. Articles. VIII. Offense for which to be tried. IX. Articles in possession of ac- cused. X. Persons claimed by other coun- tries. XI. Expenses. XII. Ratifications ; duration. The United States of America and the Kepublic of Cuba, being desirous to confirm their friendly relations and cooperate to promote the cause of justice, have resolved to ‘conclude a treaty for the extra- dition of fugitives from justice between the United States of America and the Republic of Cuba, and have appointed for that purpose the following Plenipotentiaries : The President of the United States of America, John Hay, Sec- retary of State of the United States of America; and The President of the Republic of Cuba, Gonzalo de Quesada, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Cuba 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: CUBA — 1904. 367 Article I. The Government of the United States of America and the Gov- ernment of the Kepublic of Cuba mutually agree to deliver up per- sons who, having been charged as principals, accomplices or acces- sories with or convicted of any crimes or offenses specified in the following article, and committed within the jurisdiction of one of the high contracting parties, shall seek an asylum or be found within the territories of the other: Provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehension and commitment for trial if the crime or offense had been there committed. Article II. Extradition shall be granted for the following crimes and offenses : 1. Murder, comprehending the offenses expressed in the Penal Code of Cuba as assassination, parricide, infanticide and poisoning; manslaughter, when voluntary; the attempt to commit any of these crimes. 2. Arson. 3. Robbery, defined to be the act of feloniously and forcibly taking from the person of another money, goods, documents, or other prop- erty, by violence or putting him in fear; burglary; housebreaking and shopbreaking. 4. Forgery, or the utterance of forged papers, or falsification of the official acts or documents of the Government or public authority, including courts of justice, or the utterance or fraudulent use of any of the same. 5. The fabrication of counterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, bank-notes, or other in- struments of public credit; of counterfeit seals, stamps, dies and marks of state or public administration, and the utterance, circula- tion or fraudulent use of any of the above mentioned objects. 6. Embezzlement by public officers or depositaries; embezzlement by persons hired or salaried to the detriment of their employers ; ob- taining money, valuable securities or other personal property by false devices, when such act is made criminal by the laws of both countries and the amount of money or value of the property so obtained is not less than two hundred dollars in gold. 7. Fraud or breach of trust (or the corresponding crime expressed in the Penal Code of Cuba as defraudation) by a bailee, banker, agent, factor, trustee, or other person acting in a fiduciary capacity, or director or member or officer of any company, when such act is made criminal by the laws of both countries and the amount of money or the value of the property misappropriated is not less than two hundred dollars in gold. 8. Perjury; subornation of perjury. 9. Bribery; defined to be the giving, offering or receiving of a reward to influence one in the discharge of a legal duty. 10. Rape, bigamy. 368 TREATIES, CONVENTIONS, ETC. 11. Wilful and unlawful destruction or obstruction of railroads, trains, bridges, vehicles, vessels or other means of transportation or imblic or private buildings, when the act committed endangers human life. 1‘2. Crimes committed at sea, to wit: (a) Piracy, by statute or by the law of nations. (b) Eevolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master. (c) Wrongfidly sinking or destroying a vessel at sea, or attempting to do so. (d) Assaults on board a ship on the high seas with intent to do grievous bodily harm. 13. Crimes and offenses against the laws of both countries for the suppression of slavery and slave-trading. 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 their families, or for any other unlawful end. 15. Larceny, defined to be the theft of money, effects, documents, horses, cattle, live-stock or any other movable property of the value of more than fifty dollars. IG. Obtaining by threats of doing injury, money, valuables or other personal property. 17. Mayhem and other wilful mutilation causing disability or death. Extradition is to take place for participation in any of the crimes and offenses mentioned in this treaty not only as principal or accom- plices, but as accessories in any of the crimes or offenses mentioned in the jiresent article, provided such participation may be punished, in the LTnited States as a felony and in the Republic of Cuba by imprisonment, hard labor or capital punishment. f Article III. Requisitions for the surrender of fugitives from justice shall be made by the diplomatic agents of the contracting parties, or in the absence of these from the country or its seat of government, may be made bt^ the superior consular officers. If the iierson whose extradition is requested shall have been con- victed of a crime or offense, a duly authenticated copy of the sentence of the court in which he was convicted, or if the fugitive is merely charged with a crime or offense, a duly authenticated copy of the warrant of arrest in the country Avhere the crime or offense has been committed, and of the deiiositions or other evidence upon which such Avarrant Avas issued, shall be produced. In both cases wheneA^er liossible all facts and data necessary to establish the identity of the lierson Avhose extradition is sought shall also be presented. The extradition of the fugitiA^es under the iirovisions of this treaty shall be carried out in the United States and in the Republic of Cuba, respectiA'elv, in conformity Avith the laws regulating extradition for the time being in force in the State in Avhich the demand for the sur- render is made. CUBA — 1904. 369 Article IV. Where the arrest and detention of a fugitive in the United States are desired on telegraphfc or other information in advance of the pre- sentation of formal proof, complaint on oath, as provided by the statutes of the United States, shall be made by an agent of the Gov- ernment of Cuba before a judge or magistrate authorized to issue warrants of arrest in extradition cases. When, under the provisions of this article, the arrest and deten- tion of a fugitive are desired in the Republic of Cuba, the proper course shall be to apply to the Foreign Office, wdiich will immediately cause the necessary steps to be taken in order to secure the provisional arrest or detention of the fugitive. The provisional detention of a fugitive shall cease and the prisoner be released if a formal requisition for his surrender accompanied by the necessary evidence of his guilt has not been produced under the stipulations of this Treaty, within two months from the date of his provisional arrest or detention. Article V. Neither of the contracting parties shall be bound to deliver up its own citizens under the stipulations of the Treaty. Article VI. A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded be of a political char- acter, or if it is proved that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offense of a political character. An attempt against the life of the head of a foreign government or against that of any member of his family when such attempt com- prises the act either of murder, assassination, or poisoning, shall not be considered a political offense or an act connected with such an offense. No person surrendered by either of the contracting parties to the other shall be triable or tried, or be punished, for any political crime or offense, or for any act connected therewith, committed previously to his extradition. If any question shall arise as to whether a case comes within the provisions of this article, the decision of the authorities of the gov- ernment on which the demand for surrender is made, or which may have granted the extradition shall be final. Article VII. Extradition shall not be granted, in pursuance of the provisions of this Treaty if legal proceedings or the enforcement of the penalty for the act committed by the person claimed has become barred by limi- tation, according to the laws of the country to which the requisi- tion is addressed. 24449— VOL 1-10- ■24 370 TREATIES, CONVENTIONS, ETC. Article VIII. Xo person surrendered by either of the contracting parties to the other shall, without his consent, freely granted and publicly de- clared by him, be triable or tried or be punished for any crime or of- fense committed prior to his extradition, other than that for which he was delivered up, unless the said person shall have been at liberty to leave the country for a month after having been tried, and in case of conviction, a month after having served sentence or being pardoned. Article IX. All ‘articles found in the possession of the person to be surren- dered, whether being proceeds of the crime or offense, or being ma- terial as evidence in making proof of the crime or offense, shall, so far as practicable, and in conformity with the laws of the respective countries, be seized and surrendered with his person. Neverthe- less the rights of third parties with regard to such articles shall be duly respected. Article X. If the individual claimed by one of the contracting parties, in pur- suance of the present Treaty, shall also be claimed b^y one or several other powers on account of crimes or offenses committed within their respective jurisdictions, his extradition shall be granted to the state whose demand is first received, unless the government from which extradition is sought is bound by treaty to give preference to another. If the said individual shall be indicted or convicted in the country from which extradition is sought, his extradition may be deferred until the proceedings are abandoned, the individual set at liberty or discharged or has served his sentence. Article XI. The . expenses incurred in the arrest, detention, examination and delivery of fugitives under this treaty shall be borne by the State in whose name the extradition is sought : Provided, that the de- manding government shall not be compelled to bear any expense for the services of such public officers of the government from which ex- tradition is sought as receive a fixed salary; and, provided, that the charge for the services of such public officers as receive only fees or perquisites shall not exceed their customary fees for the acts or services perfomied by them had such acts or services been performed in ordinary criminal proceedings under the laws of the country of Avhich they are officers. Article XII. The present treaty shall take effect on the thirtieth day after the date of the exchange of ratifications. The ratifications of the present treaty shall be exchanged at IVash- ington as soon as possible, and it shall remain in force for a period of CUBA — 1904. 371 six months after either of the contracting governments shall have given notice of a purpose to terminate it. In witness whereof, the respective Plenipotentiaries have signed the above articles both in the English and Spanish langixages, and hereunto affixed their seals. Done in duplicate, at the City of Washington this sixth day of April, nineteen hundred and four. John Hay [seal] Gonzalo de Quesada [seal] 1904. Protocol Amending Spanish Text of Cuban Extradition Treaty Signed April 6, 1901. Signed at W ashington^ December 6, 1901f.; ratification advised by the Senate., December 16, 190 J^; ratifed by the President, January 21^, 1905; ratif cations exchanged at Washington, January 31, 1905; proclaimed, February 8, 1905. protocol. The undersigned, the Secretary of State of the United States of America and the Envoy Extraordinary and Minister Plenipotentiary of Cuba, being duly authorized, have agreed to modify the Spanish text of sections 1, 3, 5, 6, 7, 14 and 16 of the Article II of the Treaty of Extradition signed on the 6th of April, 1904, by substituting them by the following, in conformity with the amendments which were adopted by the Senate of the Republic of Cuba, with a view to mak- ing the said Spanish text correspond more closely with the English text, and to a more exact definition of the crimes and offenses therein specified, in the technical terms of the Cuban law. Articulo II. 1. Homicidio, incluso los delitos designados en el Codigo Penal de Cuba con los nombres de asesinato, parricidio, infanticidio y envenena- miento, homicidio voluntario ; el delito frustrado 6 la tentativa de dial quiera de ellos. 3. Robo, entendiendose por tal la sustraccion de dinero, mercancias, documentos u otra propiedad ajenos, empleando para ello fuerza, violencia 6 intimidacion ; y el acto de asaltar la casa de otro de noche con escalamiento 6 fractura y con la intencion de cometer un delito; robo en casa habitada y robo en establecimiento comercial 6 indus- trial. ^ 5. La fabricacion de moneda falsa, bien sea esta metalica 6 en papel, titulos 6 cupones falsos de la Deuda Piiblica, billetes de Banco u otros instrumentos de credito publico, de sellos, de timbres, ciifios y marcas falsas de^ Administraciones, del Estado 6 Publicas y la expendicion, circulacion 6 uso fraudulento de cualquiera de los objetos mencionados. 6. Malversaciqn de fondos piiblicos cometida por empleados piibli- cos b depositarios, defiaudacion realizada por personas a sueldo 6 salario en perjuicio de aquel que lo tiene a su servicio, obtener dinero, 372 TREATIES, CONVENTIOlSrS, ETC. valores u otros bienes muebles por maquinaciones 6 artificios cuando estos delitos esten penados por las leyes de ambos paises y el A'alor de lo obtenido no sea menor de doscientos pesos en oro. 7. Fraude 6 defraudacion (6 el delito eorrespondiente definido en el Codigo Penal de Cuba como de fraudacion), por un depositario, ban- quero, agente, factor u otra persona que administre bienes 6 que proceda por encargo de otra 6 director 6 miembro 6 funcionario de una compania, cuando las leyes de ambos paises declaren punible dicho acto y el valor de lo defraudado no sea menor de doscientos pesos. 14. Rapto, secuestro de menores 6 adultos, entendiendose por tal el hecho de apoderarse de una 6 mas personas, 6 de detenerlas para exigir de ellas 6 de sus familias dinero por su rescate, 6 para cualquier otro fin ilicito. 16. Obtener por medio de amenzas de hacer dano, dinero, valores li otra propiedad mueble. The present Protocol shall be submitted for approval to the Senate of the United States of America. Done at the City of Washington this 6th day of December, in the year 1904. John Hay [seal] Gonzalo de Quesada [seal] DENMARK 1826 Convention of Friendship, Commerce and Navigation.®-* * Concluded April 26, 1826; ratification advised hy the Senate May 4, 1826 ; ratified hy the President May 6, 1826 ; ratifications exchanged August 10, 1826 ; proclaimed October 11^, 1826. Aktices. VII. Property rights. I'lII. Consular officers. I. Most favored nation clause. II. Freedom of trade. III. Equality as to shipping. IV. Import and export duties. V. Sound and belts dues. VI. Trade with Danish colonies. IX. Consular privileges. X. Consular exemptions. XI. Duration. XII. Ratification. The United States of America and His Majesty the King of Den- mark, being desirous to make firm and permanent the peace and friendship which happily prevail between the two nations, and to extend the commercial relations which subsist between their respective territories and people, have agreed to fix, in a manner clear and posi- tive, the rules which shall in future be observed between the one and the other party, by means of a general convention of friendship, com- merce and navigation. With that object, the President of the United States of America has conferred full powers on Henry Clay, their Secretary of State; and His Majesty the King of Denmark has con- ferred like powers on Peter Pedersen, his Privy Counsellor of Lega- tion and Minister Resident near the said States, Knight of the Danne- brog; 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 frank and equally friendly with all, engage, mutually, not to grant any particu- lar 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 comjiensation, if the concession were conditional. “This convention was abrogated by notice April 15, 1850, and renewed by the convention of April 11, 1857, except Article V. See Convention of July 11, 1861, p. 38.3. * Federal cases: Bartram v. Robertson (122 U, S., 116), Thiugvalla Line v. U. S. (24 Ct. CIS., 255). 373 374 TREATIES, CONVENTIONS, ETC. 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 agree that the citi- zens and subjects of each may frequent all the coasts and countries of the other, (with the exception hereafter provided for in the sixth article,) and reside and trade there in all kinds of produce, manu- factures and merchandise; and they shall enjoy all the rights, privi- leges and exemptions, in navigation and commerce, which native citi- zens or subjects do or shall enjoy, submitting themselves to the laws, decrees and usages, there established, to which native citizens or sub- jects are subjected. But it is understood that this article does not include the coasting trade of either countrjq the regulation of which is reserved by the parties, respectively, according to their own sep- arate laws. Article III. They likewise agree that whatever kind of produce, manufacture or merchandise, of any foreign country, can be, from time to time, law- fully imported into the United States, in vessels belonging wholly to the citizens thereof, may be also imported in vessels wholly belonging to the subjects of Denmark ; and that no higher or other duties upon, the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And, in like manner, that whatever kind of produce, man- ufacture or merchandise, of any foreign country, can be, from time to time, lawfully imported into the dominions of the King of Den- mark in the vessels thereof, (with the exception hereafter mentioned in the sixth article,) may be also importecl 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 countrv 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 drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of Denmark. Nor shall higher or other charges of any kind be imposed in the ports of one jiarty, on vessels of the other, than are or shall be payable in the same ports by native vessels. Article IV. No higher or other duties shall be imposed on the importation into the United States of any article, the produce or manufacture of the dominions of His Majesty the King of Denmark; and no higher or other duties shall be imposed on the importation into the said do- minions of any article, the produce or manufacture of the United States, than are or shall be payable on the like articles, being the produce or manufacture of any other foreign country. Nor shall any higher or other duties or charges be imposed in either of the two DENMAKK 1826. 375 countries on the exportation of any articles to the United States, or to the dominions of His Majesty the King of Denmark, respectively, than such as are or may be payable on the exportation of the like arti- cles to any other foreign country. Nor shall any prohibition be im- posed on the exportation or importation of any articles, the produce or manufacture 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 ex- tend to all other nations. Article V. Neither the vessels of the United States nor their cargoes shall, when they pass the Sound or the Belts, pay higher or other duties than those which are or may be paid by the most favoured nation. Article VI. The present convention shall not apply to the northern possessions of His Majesty the King of Denmark — that is to say, Iceland, the Ferroe Islands, and Greenland — nor to places situated beyond the Cape of Good Hope; the right to regulate the direct intercourse with which possessions and places is reserved by the parties, respectively. ./Vnd it is further agreed that this convention is not to extend to the direct trade between Denmark and the West India colonies of His Danish Majesty, but in the intercourse with those colonies it is agreed that whatever can be lawfully imported into or exported from the said colonies in vessels of one party from or to the ports of the United States, or from or to the ports of any other foreign country, may in like manner, and with the same duties and charges applicable to vessel and cargo, be imported into or exported from the said colo- nies 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 shall be levied in the territories or dominions of either party, upon any personal property, money or effects of their respective citizens or subjects, on the removal of the same from their territories or dominions re- ciprocally, either upon the inheritance of such property, money or effects, or otherwise, than are or shall be payable in each State upon the same, when removed by a citizen or subject of such State, respectively. Article VIII. To make more effectual the protection which the United States and His Danish Majesty shall afford in future to the navigation and commerce of their respective citizens and subjects, they agree mutu- ally 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. 376 TREATIES, CONVENTIONS, ETC. Article IX. In order that tlie Consuls and Vice-Consuls of the contracting parties may enjoy the rights, privileges and immunities which belong to them by their jiublic character, they shall, before entering on the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited; and having obtained their exequatur, which shall be granted gratis, they shall be held and considered as such by all the authorities, magistrates 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 exemjit 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 prop- erty, 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 pretext whatever shall any magistrate seize or in any way interfere with them. Article XI. The present convention shall be in force for ten years from the date hereof, and further until the end of one year after either of the con- tracting parties shall have given notice to the other of its intention to terminate the same, each of the contracting jiarties reserving to itself the right of giving such notice to the other at the end of the said term of ten years; and it is hereby agreed between them that, on the exjiiration of one year after such notice shall have been re- ceived by either, from the other party, this convention, and all the provisions thereof, shall altogether cease and determine. Article XII. This convention 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 His Majesty the King of Denmark, and the ratifica- tions shall be exchanged in the city of Copenhagen within eight months from the date of the signature hereof, or sooner if jiossible. In faith whereof, we, the Plenipotentiaries of the United States of America, and of His Danish Majesty, have signed and sealed these presents. Done in triplicate, at the cit.v 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. Pr. Pedersen. DENMARK 1826-1830. 377 ADDENDUM. Mr, Clay to Mr. Pederson. Department of State, Washington, April 25, 1826. The undersigned, Secretary of State of the United States, by direction of the President thereof, has the honor to state to Mr. Pedersen, Minister Resident of His Majesty the King of Denmark, 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 just terminated, to treat of the in- demnities to citizens of the United States, in consequence of the seizure, deten- tion, and condemnation of their property in the ports of His Danish Majesty. But as he has no instructions to that effect, the undersigned is directed, at and before proceeding to the signature of the treaty of friendship, commerce, and navigation on which they have agi’ced, explicitly to declare, that the omission to provide for those indemnities is not hereafter to be interpreted as a waiver or abandonment of them by the Government of the United States, which, on the contrary, is firmly resolved to persevere in the pursuit of them until they shall be finally arranged upon principles of equity and justice. 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 re- quests that Mr. Pedersen will transmit this official declaration to the Govern- ment of Denmark. And he avails himself of this occasion to tender to Mr. Pedersen assurances of his distinguished consideration. H. CLAY. The Chevalier Pedersen. Minister Resident from Denmark. The Chevalier Peter Pederson 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 being waived on the part of the United States by the convention agreed upon and about to be signed, which note he, as requested, will transmit to his Government. And he avails himself of this occasion to renew to Mr. Clay assurances of his dis- tinguished consideration. P. PEDERSON. To the Hon. Henry Clay, Secretary of State of the United States. 1830 Claims Convention. Concluded March 28, 1880; ratification advised hy the Senate May 29, 1830; ratified hy the President June 2, 1830; ratifications ex- changed June 6, 1830; proclaimed June 5, 1830. Articles. I. Indemnity. V. Applicability of convention. II. Mode of payment of indemnity. VI. Ratification. III. Claims to be adjudicated. IV. Release from payment of further ^ indemnity. The United States of America and His Majesty the King of Den- mark, being equally desirous of terminating the discussions which have taken place between them in respect to the claims and preten- 378 TREATIES, CONVENTIONS, ETC. sions 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 propert}" whatsoever, within the territory or under the authority of the respective Governments, have named for this purpose, 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 Se’nate, Henry Wheaton, Charge 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 Danne- brog, 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, Grand 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 of Amer- ica for the subjects of Denmark, on account of the seizure, detention, condemnation or confiscation of their vessels, cargoes or jiroperty 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 United States, who have preferred claims relating to the seizure, detention, condemnation, or confiscation of their vessels, cargoes, or property whatsoever, by the public and private armed ships, or by the tribunals of Denmark, or in the States subject to the Danish sceiitre. Article II. The payment of the above sum of six hundred and fifty thousand Spanish milled dollars shall be made in the times and manner following : On the 31st March, 1831, two hundred and sixteen thousand six hundred 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 jiayment of which the Danish Government shall be responsible. DENMARK 1830. 379 At the time when the first payment shall be made, on the 31st March, 1831, two obligations, corresponding with the two last pay- ments 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 Den- mark, 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 Government of the United States to receive the stipulated payments shall deliver up the said obligations, with receipts for the amount thereof, from the said Government. Article III. To ascertain the full amount and validity of the claims, mentioned in Article I, a Board of Commissioners, consisting of three citizens of the United States, shall be appointed by the President, by and with the advice and consent of the Senate, who shall meet at Wash- ington, 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 affirmation, 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 affirmation, every question relating to such claims, and to receive all suitable authentic testimony concerning the same. In order to facilitate the proceedings of this board. His Majesty the King of Denmark engages, when thereunto required, to cause to be delivered to any person or persons who shall be duly authorized for that purpose by the Government of the United States, in addition to the papers already delivered, all the acts, documents, ship’s papers and prize proceedings which may still remain in the archives of the High Court of Admiralty, or the Prize Tribunals of Denmark, relat- ing 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 proportion to the amount of the respective claims thus allowed. Article IV. In consideration of the renunciation and payments mentioned in Article I. and II., on the part of His Majesty the King of Denmark, the Government of the United States declares itself entireK satisfied, 380 TBEATIES, CONVENTIONS, ETC. not only in what concerns the said Government, but also in what con- cerns 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 confiscation of their vessels, cargoes or property whatsoever, which in the last maritime war of Denmark have taken place under the flag of Denmark, or in the States subject to the Danish sceptre ; and the said claims shall conse- quently be regarded as definitively and iri’evocably terminated. Article V. The intention of the two high contracting parties being solelj^ to terminate, definitely and irrevocably, all the claims which have hitherto been preferred, they expressly declare that the present con- vention is only applicable to the cases therein mentioned ; and, having no other object, can never hereafter be invoked by one iiarty or the other as a precedent or nde for the future. Article VI. The present convention shall be duly ratified by the high con- tracting parties, and the ratifications shall be exchanged at Wash- ington, in the space of ten months, or sooner if possible. 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.] Henry Wheaton. [seal.] E. H. Schimmelmann. [seal.] Stemann. The Commission provided for in the foregoing treaty was duly appointed, met at Washington April 4, 1831, and held its last session March 23, 1833, determining the distribution of the indemnity paid by Denmark. 1857. Convention Discontinuing the Sound Dues." Concluded April 11, 1857 ; ratifications advised hy the Senate January 5, 1858; ratified hy the President January 7, 1858; 7'atifications exchanged Januai'y 12, 1858; proclaimed January 13, 1858. Articles. I. Sound and Belts dues abolished. II. Lights, buoys and piiots. III. Payment by the United States. IV. Most favored nation privileges. V. Convention of 1826 revived. VI. Effect. V'll. Ratification. The United States of America and His Majesty the King of Den- mark, being desirous to terminate amicably the differences which “Federal cases; Bartram v. Robertson (122 U. S., 116), Thingvalla Line r. U. S. (24 Ct. CIS., 255). DENMARK 1857. 381 have arisen between them in regard to the tolls levied by Denmark on American vessels 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, Torben Bille, Esquire, Knight of the Dannebrog, and decorated with the cross of honor of the same order, his said Majesty’s Charge d’Alfaires 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 I. His Majesty the King of Denmark declares entire freedom of the navigation of the Sound and the Belts in favor of American vessels and their cargoes, from and forever after the day when this conven- tion 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 Gov- ernments will concur, if occasion should require it, in taking meas- ures 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 exemption 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 hereto- fore without any charge 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 ma^ require. He further engages that no cliarge 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 Amer- ican vessels either to employ, in the said waters, Danish pilots, at reasonable rates fixed by the Danish Government, or to navigate their vessels without such assistance. Article III. In consideration of the foregoing agreements and stipulations on the part of Denmark, whereby the free and unincumbered navigation of American vessels through the Sound and the Belts is forever se- cured, the United States agree to pay to the Government of Denmark, once for all, the sum of seven hundred and seventeen thousand eight 382 TREATIES, CONVENTIONS, ETC. hundred and twenty-nine rix dollars, or its equivalent, three hundred and ninety-three thousand and eleven dollars in United States cur- rency, at London, on the day when the said convention shall go into full etfect, as hereinafterwards provided. Article IV. It is further agreed that any other or further privileges, rights, or advantages which may have been, or may be, granted by Denmark to the commerce and navigation of any other nation at the Sound and Belts, or on her coasts and in her harbors, with reference to the transit by land through Danish territory of merchandise belonging to the citizens or subjects of such nation, shall also be fully extended to, and enjoyed by, the citizens of the United States, and by their vessels and property in that quarter. Article V. The general convention of friendship, commerce and navigation, concluded between the United States and His Majesty the King of Denmark, on the 26th of April, 1826, and which was 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 ratifi- cation of this present convention, again become binding upon the United States and Denmark; it being, however, understood, 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 j^aid by the United States shall be received by or tendered to Denmark; and for the fulfilment of these purposes, a period not exceeding twelve months from the signing of this convention shall be allowed. But if, in the interval, an earlier day shall be fixed upon and carried into eflfect for a free navigation through the Sound and Belts in favor of any other power or powers, the same shall simultaneous!}' be ex- tended to the vessels of the United States and their cargoes, in antici- pation of the payment of the sum stipulated in Article III ; it being understood, however, that in that event the Government of the United States shall also pay to that of Denmark four per cent, interest on the said sum, from the day the said immunity shall have gone into operation until the principal shall have been paid as aforesaid. Article VII. The present convention shall be duly ratified, and the exchange of ratifications shall take place in Washington within ten months from the date hereof, or sooner if practicable. In faith whereof the respective Plenipotentiaries have signed the liresent convention, in duplicate, and have thereunto affixed their seals. DENMARK 1857-1861. 383 Done at Washington this eleventh day of April, in the year of our Lord one thousand eight hundred and fifty-seven, and of the Inde- pendence of the United States the eighty-first. [seal.] Lewis Cass, [seal.] Torben Bille. 1861. CONSTTLAR CONVENTION. Concluded July 11, 1861; ratification advised by the Senate July 17, 1861; ratified by the President August 25, 1861; ratifications ex- changed September 18, 1861; proclaimed September 20, 1861. Articles. I. Authority of consuls over shipping | II. Deserters from ships; ratification, disputes. 1 The United States of America and His Majesty the King of Den- mark, wishing to favor their mutual commerce by affording, in their ports, every necessary assistance to their respective vessels, the under- signed Plenipotentiaries, being duly empowered for that purpose, have agreed upon the following additional aritcles to the general convention of friendship, 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 Com- mercial Agents shall have the right as such to sit as judges and arbi- trators in such differences as may arise, either at sea or in port, between the captain, officers and crew of the vessels belonging to the nation whose interests are committed to their charge, particularly in reference to the adjustment of wages and the execution of contracts, without the interference of the local authorities, unless the conduct of the crew and the officers, or of the captains, should disturb the order or tranquility of the country. • It is, however, understood that this species of judgment or arbi- tration 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 offi- cers, and shall in writing demand said deserters, proving by the exhi- bition of the registers of the vessels, the rolls of the crews, or by other official documents, or, if the vessel shall have departed, by copy of 384 TREATIES, CONVENTIONS, ETC. said documents duly certified by them, that such individuals form part of the crew ; and on this reclamation being thus substantiated, the surrender shall not be refused, unless there be sufficient proof of the said persons being citizens or subjects of the country where their surrender is demanded. Such deserters, when arrested, shall be placed at the disposal of said Consuls-General, Consuls, Vice-Consuls or Commercial Agents, and may be confined in the public prisons at the request and cost of those who shall claim them, in order to be detained until the time when they shall be restored to the vessels to which they belonged, or sent back to their own country by a vessel of the same nation, or any other vessel whatever. But if not sent back within three months from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. However, if the deserter should be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which his case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. 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 thou- sand 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 thei’eto 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. Seward. [seal.] W. R. Raasloff. 1872. Naturalization Convention. Concluded July 20, 1872; ratification advised hy the Senate January 13, 1873; ratifiecl hy the President January 22, 1873; ratifications exchanged March If., 1873 ; proclaimed April 15, 1873. ' Articles. I. Naturalization recognized. IV. Duration. II. Keadinission to former status. V. Ratification. III. Renunciation of acquired status. The United States of America and his Majesty the King of Den- mark 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, DENMARK 1872. 385 have resolved to conclude a convention for that purpose, and have named as their Plenipotentiaries, that is to say, the President of the United States of America : Michael J. Cramer, Minister Resident of the United States of America at Copenhagen; and His Majesty the King of Denmark : Otto Ditlev Baron Rosenorn-Lehn, Commander of Danebrog and Danebrogsmand, Chamberlain, His INIajesty’s Min- ister for Foreign Affairs, &c., &c., &c. ; who, after having communi- cated to each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles, to wit : Article I. Citizens of the United States of America who have become, or shall become, and are, naturalized, according to law, within the Kingdom of Denmark as Danish subjects, shall be held by the United States of America to be 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 Den- mark 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 King- dom of Denmark. Article II. If any such citizen of the United States, as aforesaid, naturalized within the Kingdom of Denmark as a Danish subject, should renew his 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 character 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, natural- ized within the United States as a citizen thereof, should renew his residence within the Kingdom of Denmark, His Majesty’s Govern- ment may, on his application, and on such conditions as that Govern- ment 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 naturalization. Article III. If, however, a citizen of the United States, naturalized in Den- mark, shall renew his residence in the former country without the 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. 24449— VOL 1—10 25 386 TEEATIES, CONVENTIONS, ETC. The intent not to return may be held to exist, when a person natu- ralized in the one country shall reside more than two years in the other country. Article IV. The present convention shall go into effect immediately on or after the 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. The present convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Denmark, 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. • [seal.] Michael J. Cramer. [seal.] O. D. Eosenorn-Lehn. 1886. Agreement for Mutual Exemption of Vessels froji Readmeas- tTREMENT. Signed at asliington, February 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 readmeas- urement of United States and Danish vessels in the ports of their respective countries, have authorized the undersigned to sign the fol- lowing 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 register 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 ex- empted from readmeasurement in all Danish ports, and the net or register tonnage stated in their certificates of registry shall be deemed to be equal to the net register tonnage of Danish ships; provided only, that in cases in which the certificates of vessels of the United States DENMARK 1886-1888. 387 express the gross tonnage only, deductions of the spaces or compart- ments appropriated 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. C. this twenty-sixth day of February, 1886. [seal.] T. F. Bayard. [seal.] P. Lovenorn. 1888. Agreement submitting Claim of Carlos Butterfield & Co. to Arbitration. Concluded December 6, 1888; ratifcation advised by the Senate Feb- ruary 11, 1889; ratified by the President April 23, 1889; ratif ca- tions exchanged May 23, 1889; proclaimed May 21^, 1889. Articles. I. Arbitrator. IV. Finality of award. II. Evidence ; arguments. V. Ratification. III. Expenses. Whereas the Government of the United States of America has heretofore presented to the Kingdom of Denmark the claim of Carlos Butterfield and Company, of which Carlos Butterfield now deceased was the surviving partner, for an indemnitj^ for the seizure and detention of the two vessels, the steamer Ben Franklin and the Barque Catherine Augusta, by the authorities of the Island of St. Thomas of the Danish West India Islands in the years 1891 and 1855; for the refusal of the ordinary right to land cargo for the jiurpose of making repairs; for the injuries resulting from a shot fired into one of the vessels ; and for other wrongs : Whereas the said Governments have not been able to arrive at a conclusive settlement thereof: and "Wliereas each of the parties hereto has entire confidence in the learning, ability and impartiality of Sir Edmund Monson, Her Brit- ish Majesty’s Envoy Extraordinary and Minister plenipotentiary in Athens, Now therefore the undersigned, Rasmus B. Anderson, Minister Resident of the United States of America at Copenhagen, and Baron O. D. Rosenorn-Lehn, Royal Danish Minister of Foreign Affairs, duly empowered thereto by their respective Governments have agreed upon the stipulations contained in the following Articles : Article I. The said claim of Carlos Butterfield and Company shall be referred to the said Sir Edmund Monson, Her British Majesty’s Envoy ex- traordinary and Minister Plenipotentiary in Athens, as sole arbitra- 388 TREATIES, COKVENTIOXS, ETC. tor thereof in conformity with the conditions hereinafter expressed; to which end the High Contracting Parties agree to communicate to 1dm in writing their common desire to commit the matter to his arbitration. * Article II. The Arbitrator shall receive in evidence before him duly certified copies of all docnments, records, affidavits or other papers heretofore filed in support of or against the claim in the proper department of the respective Governments, copies of which shall at the same time be furnished to the other Government. Each Government shall file its evidence before the arbitrator within seventy five days after its receipt of notice of his acceptance of the position conferred upon him. Each party shall be allowed sevent5^-five days thereafter to file with the arbitrator a written argument. The arbitrator shall render his award within sixty days after the date at which the arguments of both parties shall have been received. Article III. The expenses of such arbitration, which shall include the compen- sation of a clerk at the rate of not more than two hundred dollars a month, should the arbitrator request such aid, shall be borne by the two Governments jointly in equal moieties. Article IY. The High Contracting Parties agree to accept the decision of the arbitrator as final and conclusive and to abide by and perform the same in good faith and without unnecessary delay. Article V. This agreement shall be ratified by each Government and the rati- fications exchanged at Washington as soon as possible. In witness whereof the respective plenipotentiaries have signed and sealed the present Agreement in duplicate in the English and Danish languages. Done at Copenhagen, this sixth day of December in the year of Our Lord one thousand eight hundred and eighty-eight. O. D. Rosenorn Lehn [seal] R. B. Anderson [seal] Sir Edmund Monson accepted the position of arbitrator and in due course rendered his award, disallowing the claim. DENMARK 1892, 389 1892. Trade-Mark Convention. Concluded June 15^ 1892; ratification advised hy the Seriate July 21, 1892; ratifed hy the President July 29, 1892; ratifications ex- changed Septemher 28, 1892; proclaimed October 12, 1892. Articles. I. Reciprocal rights. I III. Duration. II. Formalities. I IV. Ratification. With a view to secure for the manufacturers in the United States of America, and those in Denmark, the reciprocal protection of their Trade Marks and Trade Labels, the Undersigned, duly authorised to that effect, have agreed on the following dispositions. Article I. The subjects or citizens of each of the High Contracting Parties shall in the Dominions and Possessions of the other have the same rights as belong to native subjects or citizens, in everything relating to Trade Marks and Trade Labels of every kind. Provided, always, that in the United States the subjects of Den- mark, and in Denmark, the citizens of the United States of America, cannot enjoy these rights to a greater extent or for a longer period of time than in their native country. Article II. Any person in either country desiring protection of his Trade Mark in the Dominions of the other must fulfil the formalities required by the law of the latter; but no person, being a subject or citizen of one of the contracting States, shall be entitled to claim protection in the other by virtue of the provisions of this convention, unless he shall have first secured protection in his own country in accordance with the laws thereof. Article III. This arrangement shall go into effect immediately on or after the exchange of the ratifications and shall be in force until a year after it has been recalled by the one or the other of the two High Parties. Article IV. The present convention shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof and by His Majesty the King of Denmark, and the ratifications shall be exchanged at Copenhagen as soon as may be within ten months from the date hereof. In witness whereof the Undersigned have signed the present con= vention and have affixed thereto the seal of their arms. Done at Copenhagen in double expedition the 15. June 1892. Clark E. Carr. [seal.] Reedtz Thott. [seal.] 390 TREATIES, CONVENTIONS, ETC. 1893. Copyright Proclamation. Whereas it is provided by section 13 of the act of Congress of March 3, 1891, entitled “An act to amend title sixty, chapter three, of the revised statutes of the United States, relating to copyrights,” that said act “ shall' only apply to a citizen or a subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agree- ment the United States of America may, at its pleasure, become a party to such agreement;” And whereas it is also provided by said section that “ the existence of either of the conditions aforesaid shall be determined by the President of the United States by proclamation made from time to time as the purposes of this act may require ;” And whereas satisfactory official assurances have been given that in Denmark the law permits to citizens of the United States of America the benefit of copyright on substantially the same basis as to the subjects of Denmark, Now, therefore, I, Grover Cleveland, President of the United States of America, do declare and proclaim that the first of the conditions specified in section 13 of the act of March 3, 1891, now exists and is fulfilled in respect to the subjects of Denmark. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this eighth day of May, one thou- sand eight hundred and ninety-three and of the Independence of the United States the one hundred and seventeenth. Grover Cleveland. By the President: W. Q. Gresham, Secretary of State. 1902.“ Extradition Treaty. Concluded January d, 1902; ratification advised by Senate January 30, 1902; ratified by President February 26, 1902; ratifications ex- changed April 16, 1902; proclaimed April 17, 1902. Articles. I. Delivery of accused. II. Extraditable crimes. III. Procedure. IV. Provisional detention. V. Nondelivery of citizens. VI. Political offences. VII. Limitations. VIII. Prior offences. IX. Property seized with fugitive. X. Persons claimed by other coun- tries. XI. Expenses. XII. Ratification ; duration. The United States of America and his Majesty the King of Den- mark, being desirous to confirm their friendly relations and to pro- See supplementary extradition treaty, page 395. DENMAKK — 1902. 391 mote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice, and have appointed for that purpose the following plenipotentiaries: The President of the United States of America, John Hay, Secre- tary of State of the United States; and his Majesty the King of Denmark, Mr. Constantin Brun, Commander of the Order of Danne- broge and decorated with the Cross of Honor of the same Order, His Majesty’s Chamberlain and Envoy Extraordinary and Minister Plenipotentiary 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 articles: Article I. The Government of the United States and the Government of Den- mark mutually agree to deliver up persons who, having been charged with or convicted of any of the crimes and offenses specified in the following article, committed within the jurisdiction of one of the con- tracting parties, shall seek an as3dum or be found within the terri- tories of the other: Provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugutive or person so charged shall be found, would justify his or her apprehension and commitment for trial if the crime or offense had been fhere committed. Article II. Extradition shall be granted for the following crimes and offenses : 1. Murder, comprehending assassination, parricide, infanticide, and poisoning ; attempt to commit murder ; the killing of a human being, when such act is punishable in the United States as voluntary man- slaughter, and in Denmark as manslaughter. 2. Arson. 3. Robbery, defined to be the act of feloniously and forcibly taking from the person of another money or goods, by violence or putting him in fear ; burglar}', also housebreaking or shopbreaking. 4. Forgery, or the utterance of forged papers; the forgery or falsi- fication of official acts of government, of public authorities, or of courts of justice, or the utterance of the thing forged or falsified. 5. The counterfeiting, falsifying or altering of money whether coin or paper, or of instruments of debt created by national, state, provin- cial or municipal governments, or of coupons thereof, or of banknotes, or the utterance or circulation of the same; or the counterfeiting, falsifying or altering of seals of state. 6. Einbezzlement by public officers ; embezzlement by persons hired or salaried, to the. detriment of their employers; larceny; obtaining money, valuable securities or other property by false pretenses, or receiving money, valuable securities, or other property, knowing the same to have been embezzled, stolen or fraudulently obtained, when such act is made crimifial by the laws of both countries and the amount of money or the value of the property fraudulently obtained or received is not less than $200. or Kroner 740. 7. Fraud, or breach of trust by a bailee, banker, agent, factor, trustee or other person acting in a fiduciary capacity, or director or 392 TREATIES, CONVENTIONS, ETC. member or officer of any company, when such act is made criminal by the laws of the countries, and the amount of money or the value of the property misappropriated is not less than $200. or Kroner 740. 8. Perjury; subornation of perjury. 9. Rape ; abduction ; kidnapping. 10. Malicious destruction of, or attempt to destroy, railways, trains or cars, bridges, dwellings, public edifices, or other buildings, when the act endangers human life. ' 11. Crimes committed at sea: (a) Piracy, by statute or by the law of nations. (b) Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master. (c) Wrongfully sinking or destroying a vessel at sea, or attempt- ing to do so. (d) Assault on board a ship on the high seas with intent to do grievous bodily harm. 12. Crimes and otfenses against the laws of both countries for the suppression of slavery and slave-trading. 13. Procuring abortion. Extradition is also to take place for participation in any of the crimes and otfenses mentioned in this Treaty, provided such partici- pation may be punished in the United States as a felony, and in Den- mark by imprisonment at hard labor. Article III. Requisitions for the surrender of fugitives from justice shall be made by the diplomatic agents of the contracting parties, or in the absence of these from the country or its seat of government, may be made by the superior consular officers. If the person whose extradition is requested shall have been con- victed of a crime or otfense, a duly authenticated cojiy of the sentence of the court in which he was convicted, or if the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime has been committed, and of the depositions or other evidence upon which such warrant was issued, shall be produced. The extradition of fugitives under the provisions of this Treaty shall be carried out in the United States and in Denmark respectively, in conformity with the laws regulating extradition for the time being in force in the state on which the demand for surrender is made. Article IV. Vdien the arrest and detention of a fugitive in the United States are desired on telegraphic or other information in advance of the presentation of formal proofs, complaint on oath, as provided by the statutes of the United States, shall be made by an agent of the Danish Government before a judge or other magistrate authorized to issue warrants of arrest in extradition cases. In the Kingdom of Denmark the diplomatic or consular officer of the United States shall apply to the Foreign Office, which will imme- DENMARK 1902. 393 diately cause the necessary steps to be taken in order to secure the provisional arrest and detention of the fugitive. The provisional detention of a fugitive shall cease and the prisoner be released, if a formal requisition for his surrender, accompanied by the necessary evidence of his criminality, has not been produced under the stipulations of this Convention, within two months from the date of his provisional arrest or detention. Article V. Neither of the contracting parties shall be bound to deliver up its own citizens, born or naturalized, under the stipulations of this Con- vention. Article VI. A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded be of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offense of a political char- acter. No person surrendered by either of the high contracting parties to the other shall be triable or tried, or be punished for any political crime or offense, or for any act connected therewith, committed pre- viously to his extradition. An attempt against the life of the head of either Government, or against that of any member of his family, when such attempt com- prises the act either of murder or assassination, or of poisoning, shall not be considered a political offense or an act connected with such offense. If any question shall arise as to whether a case comes within the provisions of this Article, the decision of the authorities of the gov- ernment on which the demand for surrender is made, or which may have granted the extradition, shall be final. Article VII. Extradition shall not be granted, in pursuance of the provisions of this Convention, if legal proceedings or the enforcment of the pen- alty 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 VIII. No person surrendered by either of the high contracting parties to the other shall without his consent, freely granted and publicly de- clared by him, be triable or tried, or be punished for any crime or offense committed prior to his extradition, other than that for which he was delivered up, until he shall have had an opportunity of re- turning to the country from which he was surrendered. 394 TREATIES, CONVENTIONS, ETC. Article IX, All articles seized which are in the possession of the person to be surrendered at the time of his apprehension, whether being the pro- ceeds of the crime or offense charged, or being material as evidence in making proof of the crime or offense shall, so far as practicable and in conformity with the laws of the respective countries, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to such articles shall be duly respected. Article X. If the individual claimed by one of the high contracting parties, in pursuance of the present Treaty, shall also be claimed by one or sev- eral other powers on account of crimes or offenses committed within their respective jurisdictions, his extradition shall be granted to the State whose demand is first received : Provided, that the Government from which extradition is sought is not bound by treaty to give pref- erence otherwise. Article XI. The expenses incurred in the arrest, detention, examination and delivery of fugitives under this Treaty shall be borne by the State in Avhose name the extradition is sought ; Provided, that the demanding government shall not be compelled to bear any expense for the serv- ices of such public officers of the government from which extradition is sought as receive a fixed salary; and Provided that the charge for the services of such public officers as receive only fees or perquisites shall not exceed their customary fees for the acts or services per- formed by them had such acts or services been performed in ordinary criminal proceedings under the laws of the country of which the}^ are officers. Article XII. The present Treaty shall take effect on the thirtieth day after the date of the exchange of ratifications, and shall not operate retro- actively. The ratifications of the present Treaty shall be exchanged at Wash- ington as soon as possible and it shall remain in force for a period of six months after either of the contracting governments shall have given notice of a purpose to terminate it. In witness whereof, the respective plenipotentiaries have signed the above articles, both in the English and the Danish languages and have hereunto affixed their seals. Done in duplicate, at the City of Washington, this sixth day of January nineteen hundred and two. John Hay [seal.] C. Brun. [seal.] 395 1905. Supplementary Extradition Treaty. Signed November 6, 1905; ratification advised by the Senate Decem- ber 7, 1905; ratified by the President February 13^ 1906 ; ratifica- tions exchanged February 19, 1906 ; proclaimed February 19, 1906. Articles. I. Crimes committed in island posses- I II. Bribery. sions. I III. Ratifications. The United States of America and His Majesty the King of Den- mark, agreeing that the convention for the extradition of criminals signed by their Plenipotentiaries at Washington on January 6, 1902, is applicable to their respective island possessions or colonies, and desiring to define the procedure by which applications for the surren- der of accused persons from such island possessions or colonies shall be made, and to add to the list of extraditable crimes mentioned in Article II of the said convention of J anuary 6, 1902, by means of an additional convention, have to that end appointed as their Plenipoten- tiaries : The President of the United States of America, Elihu Root, Secretary of State of the United States; and His Majesty the King of Denmark, Mr. Constantin Brun, Com- mander of the Order of Dannebroge and decorated with the Cross of Honor of the same Order, His Majesty’s Chamberlain and Envoy Extraordinary and Minister Plenipotentiary at Washington; Who, after having communicated to each other their respective full powers, found in due and good form, have agreed upon and con- cluded the following articles: Article I. In the case of crimes committed in the island possessions or colonies of the contracting parties, applications for the surrender of the accused may be made directly to the Governor or Chief Magistrate of the island possession or colony in which the fugitive has sought refuge, by the Governor or Chief Magistrate of the colony or island possession of the other contracting party, provided that both island possessions or colonies are situated in America. The aforesaid Gov- ernors or Chief Magistrates shall have authority either to grant the extradition or to refer the matter for decision to the Government of the mother country. In all other cases applications for extradition shall be made through the diplomatic channel. IVIiere a fugitive criminal is arrested in the Philippine Islands, the Hawaiian Islands, Faroe Islands, or Iceland he may be provisionally detained for a period of four months. Article II. In addition to the crimes and offenses mentioned in Article II of the convention between the United States of America, and the King- 396 TREATIES, CONVENTIONS, ETC. dom of Denmark for the extradition of criminals, signed at Wash- ington on January G, 1902, extradition shall be granted also for the following crime or offense: Bribery, defined to be the offering, giving or receiving of bribes, when made punishable by the laws of the two contracting parties. Article III. The present convention shall be considered as an integral part of the said extradition convention of January G, 1902, and sliall be rati- fied according to the respective laws of the two contracting parties. The ratifications shall be exchanged at Washington as soon as possible. In testimony whereof, the respective plenipotentiaries have signed the above articles, both in the English and Danish languages and have hereunto affixed their seals. Done in duplicate, at the City of Washington, this sixth da}' of November, nineteen hundred and five. Elihu Root [l. s.] C. Brun [l. s.] 1906. Agreement by Exchange of Notes on June 22 and June 2G, 1906, WITH Respect to the Protection of Industrial Designs or Models. The Acting Secretary of State to the Danish Minister. Department of State, W ashington., Jane 1906. Sir : I have the honor to acknowledge the receipt of your note of the 8th instant, in which you state that your Government instructs you to jiropose to the De2iartment that the Government of the United States declare formally, in a note addressed to your legation, that, under the laws of the United States, it is not necessary, in order to secure the protection of Danish industrial designs or models, that the articles they represent shall be manufactured in the United States. In return for such a declaration you announce your willingness to declare, under authority already received from your Government, that the Government of the King will promulgate a royal ordinance by which, under the law of Ajiril 1, 1905, § 11 i. f., exemption from Rule No. 4 of § 11, relating to the requirement that the corresponding articles shall be manufactured in Denmark, shall be granted to Amer- ican industrial drawings or models as long as the said laws of the United States on the subject shall remain unchanged. In reply I have the honor to inform you that this Government is willing to make, and does hereby formally make, the declaration cited above on the condition proposed by you. Accept, etc.. Mr. Constantin Brun, etc.., etc.., etc. Robert Bacon, Acting Secretary. DENMARK 1906. 397 The Danish Minister to the Secretary of State. Legation de Danemark, Bar Harhor.) Me.., le 26 Juin 1906. Monsieur le Secretaire d’Etat: J’ai riionneur d'accuser recep- tion a Votre Excellence de la note (No. G29) du 22 courant par laquelle Monsieur Kobert Bacon, faisant fonction de Secretaire d’Etat, a bien voulu declarer formellement au nom du Gouvernement des Etats-Unis, a la condition proposee par moi, que d’apres les lois des Etats-Unis il n’est pas necessaire j)Our obtenir la protection de dessins oil modeles industriels Danois que les objets representes par ces dessins ou modeles soient fabriques dans les Etats-Unis. En retour de cette declaration et conformement a la condition pro- posee par moi, je m’empresse, en vertu d’une autorisation recue du Ministere Royal des Affaires Etrangeres, de declarer formellement que le Gouvernement du Roi fera promulguer une ordonnance Royale par laquelle, en vertu de la loi du 1st Avril 1905 § 11 i. f., une exemp- tion de la regie du § 11 No. 4, relative a la necessite de fabriquer les objets correspondants en Danemarki sera faite en faveur de dessins ou mod^es industriels provenant des fitats-Unis aussi longtemps que les dites lois des Etats-Unis relatives au sujet en question restent les memes. J’aurai I’honneur de faire parvenir le texte de rordonnance Royale a Votre Excellence immediatement apres la promulgation. Veuillez agreer, etc., C. Brun. Son Excellence Monsieur Elihu Root, Secretaire cVEtat. [Translation,] Legation of Denmark, Bar Harbor.) J/e., June 26 ^ 1906. Mr. Secretary of State: I have the honor to acknowledge the receipt of your excellency’s note No. 629, of the 22d instant, by which Mr. Robert Bacon, Acting Secretary of State, was so good as to make, on the condition proposed by me, the formal declaration that, under the laws of the United States, it is not necessary, in order to secure the protection of Danish industrial designs or models, that the articles they represent shall be manufactured in the United States. In return for that declaration and conformably to the condition proposed by me, I hasten, by virtue of an authorization received from the Royal Ministry of Foreign Affairs, formally to declare that the Government of the King will cause to be promulgated a royal ordi- nance by which, under the law of April 1, 1905, § 11 i. f., exemption from the rule in § 11, No. 4, relative to the requirement that corre- sponding articles shall be manufactured in Denmark, shall be granted to industrial designs or models from the United States as long as the 398 TREATIES, CONVENTIONS, ETC. laws of the United States relative to the matter under consideration shall remain unchanged. I shall have the honor to transmit the text of the royal ordinance to your excellency immediately upon its promulgation. Be pleased to accept, etc., C. Brun. ANORDNING Uvorved bestemmes, at den i Lov Nr. 107 af Iste April 1905 § 11. Nr. 4 ommeldte Opbprsgrund for Beskyttelse af her i Landet registrei’ede Mpustre ikke komnier til Anvendelse over for Genstande, der indfpres fra England og de Forenede Stater af Amerika. Vi Frederik den Ottende, af Guds Naade Konge til Danmark, de Venders og Goters, Hertug til Slesvig, Holsten, Stormarn, Dit- marsken, Lauenborg og Oldensborg, G0re vitterligt : At da det ved Xoteveksling mellem den danske Regering paa den ene Side og Regeringerne i England og de Forenede Stater af Amerika paa den anden Side er blevet fastslaaet, at Genstande, der fra Denmark indf0res til de naevnte Lande, kunne nyde M0nsterbeskyttelse sam- mesteds, saa ville Vi i Henhold til Lov Xr. 107 af Iste April 1905 § 11, sidste Stykke, herved have anordnet, at den i samme Paragxaf under Nr. 4 givne Bestemmelse om, at Beskyttelsen for M0nstret oph0rer, near Anmelderen fra Udlandet indf0rer eller tillader Ind- f0rsel af Genstande, der ere fremstillede efter samme, ikke skal komme til Anvendelse over for Genstande, der indf0res fra England og de Forenede Stater af Amerika, saa laenge den i disse Lande gaeldende Rets Regler paa det omhandlede Omraade forblive uforandrede. Hvorefter alle vedkommende sig have at rette. Givet paa Charlottenlund, den llde August 190G. Under Vor Kongelige Haand og Segl. Frederik R. [l. s.] Sigurd Berg. Royal ordinance. [Translation.] We, Frederick the Eighth, by God’s grace King of Denmark, the Wends and Goths, Duke of Sleswick, Holstein, Stormarn, Ditmarsh, Lauenburg, and Oldenburg, make known that, inasmuch as it was decided in an exchange of notes between the Danish Government on the one hand and the Governments of England and the United States of America on the other that articles imported from Denmark into the said countries may enjoy the protection granted on the model there, it is Our will hereb}^ to order that the provisions contained under No. 4, last paragraph qf law No. 107 of April 1, 1905, § 11, to the effect that the protection granted on the model shall cease if the applicant for registration from abroad imports or allows to be im- ported articles manufactured after the same, shall not be applicable to articles imported from England or the United States of America DENMARK 1906-1907. 399 as long as the laws in force on the subject in those countries remain unchanged. All whom it may concern shall be guided accordingly. Given at Charlottenlund, August 14, 1906. Under Our Eoyal hand and seal. Frederick R. [l. s.] Sigurd Berg. 1907. Protection of Trade-Marks in China; Agreement Effected by Exchange of Notes. Mr. Brun to Mr. Root. [Translation.] Legation of Denmark, AY asMngton., D. C., March 19., 1907. Mr. Secretary of State: By order of my Government I have the honor to beg that Your Excellency will kindly let me know vhether the Government of the United States would be disposed to conclude an arrangement Avith the Government of the King for the reciprocal protection in China of the trade-marks of the citizens of our two countries when the said trade-marks are duly registered in the country of the infringer. Should the Government of the United States be disposed to con- clude such an arrangement, the King’s Government would take the necessary measures to have Danish subjects who would infringe in China an American trade-mark duly registered in Denmark, brought before the Danish Consular Court at Shanghai and eventully pun- ished in accordance with the provisions of the law of Denmark. The GoA’ernment of the King would expect the Government of the United States to take similar measures in regard to American citizens who might violate in China the privilege of a Danish subject whose trade-mark is duly registered in the United States. I am authorized to add that my Government would be very glad if such an arrangement could be effected by means of an exchange of notes between Your Excellency and me. Hoping that Your Excellency will see no objection to assenting to this proposal of my Government, I beg you to accept, Mr. Secretary of State, the renewed assurance of my high consideration. C. Brun. Mr. Root to Mr. Brun. Department of State, W ashington., March 25., 1907. Sir: I have the honor to acknowledge the receipt of your note of the 19th instant, in which, by order of your Government, you inquire whether the Government of the United States would be disposed to conclude with that of Denmark an arrangement by an exchange of 400 TREATIES, CONVENTIONS, ETC. notes for the reciprocal jirotection in China of trade-marks of the citizens of either country from infringement by citizens of the other when the said trade-marks are duly registered in the country of the infringer. By this agreement Danish subjects infringing in China an Amer- ican trade-mark duly registered in Denmark would, you state, be brought before the Danish Consular Court at Shanghai and even- tually punished in accordance with the provisions of the law of Denmark, and the Government of the King would expect the Gov- ernment of the United States to take similar measure in regard to American citizens who might violate in China the privilege of a Danish subject whose trade-mark is duly registered in the United States. The agreement proposed by your Government is in line with the agreements which have been effected by exchange of notes between the Minister of the United States at Peking and the diplomatic rejiresentatives there of certain other countries. It is to be pointed out, however, that in view of the fact that there is no statute in the United States making the infringement — counterfeiting, etc., of a trade-mark — a criminal offense, and that effectual provision exists by a civil action for damages by the owner of a trade-mark, the word “ punishment ” is to be understood, with respect to the United States, to refer to a civil action only and not to a criminal procedure. If this explanation, which has been made in the case of each of the agreements mentioned above, is satisfactory to your Government, I shall be pleased to make the exchange of notes with you. Accept, Mr. Minister, the renewed assurances of my highest con- sideration. Elihu Eoot. Mr. Clan to Mr. Root. [Translation.] Danish Legation, May 27, 1907. Mr. Secretary of State: Eeferring to note Ko. 671, which Your Excellency had the kindness to address to the legation on March 25 last, I have the honor, by order of my Government, to inform you that the necessary instructions have been sent to the Danish consul at Shanghai (the consular headquarters for the whole of China) in order to authorize him to protect American trade-marks, duly de- posited in Denmark, against violations by Danish subjects in China, to the same extent as Danish marks of the same nature are protected. The law which the Danish court at Shanghai is called upon to enforce in the premises is the Danish law of April 11, 1890, amended by the law of December 19, 1898, and the ordinances of September 28, 1894, and September 12, 1902. Hoping to receive a note informing me that the diplomatic and consular officers of the United States in the Middle Kingdom have had the necessary instructions sent to them in order to insure reci- procity by granting the protection of the United States Consular Courts in China to Danish subjects against American citizens who DENMARK — 1907-1908. 401 have counterfeited Danish trade-marks regularly deposited in the United States, I beg of you, Mr. Secretary of State, to accept the renewed assurance of my highest consideration. J. Clan. Mr. Root to Mr. Clan. Department of State, W ashington, June 12^ 1907. Sir: I have the honor to acknowledge the receipt of your note of the 27th ultimo by which you inform me that in pursuance of the understanding reached by the correspondence which passed between the Danish legation and the Department of State on March 19 and 25, 1907, the necessary instructions have been sent to the Danish consul at Shanghai (the consular headquarters for the whole of China) in order to authorize him to protect American trade-marks, duly deposited in Denmark, against violations by Danish subjects in China, to the same extent as Danish marks of the nature are protected. As a completion of the exchange of notes to give the said under- standing effect, I have the honor to inform you that, on the part of the United States, the Minister of the United States at Peking has this day been instructed to inform the consular officers of the United States in China that hereafter trade-marks of Danish subjects, which have been duly registered in the United States, are to be protected against infringement by such persons as come under the jurisdiction of the United States Consular Courts in China. Accept, sir, the renewed assurances of my high consideration. Elihu Koot. 1908. Arbitoatton Convention. Signed at W ashington^ May 18, 1908; ratification advised hy the Senate, May 20, 1908; ratified hy the President, Jam,uary 8, 1909; ratified hy Denmark, February 15, 1909; ratifications exchanged at Washington, March 29, 1909; f reclaimed, March 29, 1909. Articles. % I. Differences to be submitted. i III. Duration. II. Special agreement. | IV. Eatifleation. The Government of the United States of America and His Majesty the King of Denmark, signatories of the Convention for the pacific settlement of international disputes, concluded at The Hague on the 29th July, 1899 ; Taking into consideration that by Article XIX of that Conven- tion the High Contracting Parties have reserved to themselves the right of concluding Agreements, with a view to referring to arbitra- 24449— VOL 1—10 26 402 TREATIES, CONVENTIONS, ETC. tion all questions which they shall consider possible to submit to such treatment ; Have authorized the Undersigned to conclude the following arrangement : Article I. Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two Contracting Par- ties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, provided, nevertheless, that they do not affect the vital interests, the inde- pendence, or the honor of the two Contracting States, and do not concern the interests of third Parties. Article II. In each individual case the High Contracting Parties, before ap- pealing to the Permanent Court of Arbitration shall conclude a special Agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the forma- tion of the Arbitral Tribunal and the several stages of the procedure. It is understood that such special agreements on the part of the United States will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of Denmark by the King in such forms and conditions as He may find requisite or appropriate. Article III. The present Convention is concluded for a period of five years, dating from the day of the exchange of the ratifications. Article IV. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by His Majesty the King of Denmark. The ratifications of this Convention shall be exchanged at Washing- ton as soon as possible, and it shall take effect on the date of the exchange of its ratifications. Done in duplicate in the English and Danish languages, at Wash- ington,»this 18th day of May in the year 1908. Robert Bacon [seal.] C. Brun. [seal.] DOMIlsriCAN REPUBLIC ise?.- Convention of Amity, Commerce, and Navigation and for the Surrender of Fugitive Criminals. Concluded February 8^ 1867 ; ratif,cation advised hy the Senate^ March 20, 1867 ; ratified hy the President, July 31, 1867 ; ratifica- tions exchanged October 6, 1867 ; 'proclaimed October 21^, 1867. Articles. I. Amity. II. Exemption from military serv- ice. III. Reciprocal privileges of citi- zens. IV. Religious freedom. V. Property rights. VI. Tonnage duties. VII. Coasting trade. VIII. Nationality of vessels. IX. Duties on imports and exports. X. Discriminating duties. XI. Shipwrecks. XII. Rights of neutrals to trade. XIII. Contraband goods. XIV. Articles not contraband. XV. Free ships make free goods. XVI. Passports. XVII. Proof of neutrality of vessels. XVm. Visitation and search. XIX. Neutral vessels with convoy. XX. Capture of neutral vessels. XXI. Officers, passengers, etc., on neutral vessels. XXII. Prize courts. XXIII. Admission of ships of war with prizes. XXIV. Disposition of prizes. XXV. Letters of marque. XXVI. Consuls. XXVII. Extradition. XXVIII. Crimes. XXIX. Expenses. XXX. Political offenses. XXXI. Duration. XXXII. Ratification. The.United States of America and the Dominican Kepublic, 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 resolved to conclude a general convention of amity, commerce and navigation, and for the surrender of fugitive criminals. For this purpose they have appointed as their Plenipotentiaries, to wit: The President of the United States, John Somers Smith, Commer- cial Agent of the United States at the city of Santo Domingo, and the President of the Dominican Republic, Jose Gabriel Garcia, Sec- retary of State in the Department of Foreign Relations, and Juan Ramon Fiallo, ex-Secretary of the Treasury; Who, after a communication of their respective full powers, have agreed to the following articles: Article I. It is the intention of the high contracting parties that there shall continue to be a firm, inviolable and universal peace, and a true and “ This convention terminated January 13, 1898, on notice from the Dominican Government. 403 404 TREATIES, CONVENTIONS, ETC. sincere friendship between the Eepublics of the United States of America and the Dominican Republic, and between their respective countries, territories, cities, towns and people, without exception of persons or places. If, unfortunately, the two nations should become involved in war, one with the other, the term of six months after the declaration thereof shall be allowed to the merchants and other citi- zens and inhabitants respectively, on each side, during which time they shall be at liberty to withdraw themselves, with their effects and moveables, which they shall have the right to carry away, send away, or sell, as they please, without the least obstruction; nor shall their effects, much less their persons, be seized during such term of six months ; on the contrar,y, 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 cap- tures which privateers may attempt against their persons and effects, and the money, debts, shares in the public funds, or in banks, or any other property, personal or real, belonging to the citizens of the one party in the territories of the other, shall not be confiscated or seques- trated. Article II. The citizens of each of the high contracting parties, residing or established in the territory of the other, shall be exempt from all compulsory military service 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 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 to hire and occupy warehouses, provided they submit to the laws, as well general as special, relative to the rights of travelling, residing or trading. Wliile they conform to the laws and regulations in force, they shall be at liberty to manage themselves their own business, subject to the jurisdiction of either party, as well in respect to the consignment and sale of their goods by wholesale or retail as with respect to the loading, unloading and sending off their ships. They may also em- ploy 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 re- side; it being, nevertheless, distinctly understood that they shall be subject to such laws and regidations 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 Avhich purpose they may employ in defence of their interests and rights such advocates, attorneys and other agents as they may think proper. DOMINICAN REPUBLIC 1867, 405 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 re- ligious belief, nor shall they in any 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 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 processions going to or returning from them, shall be protected from violation or disturbance. Article V. The citizens of each of the high contracting parties, within the jurisdiction of the other, shall have jiower to dispose of their personal property by sale, donation, testament or otherwise; and their per- sonal 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 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. VTien on the decease of any person holding real estate within the territory of one party, such real estate would by the law of the land descend on a citizen of the other, were he not disqualified by alienage, the longest term which the laws of the country in which it is situated Avill 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 situated. Article VI. The high contracting parties hereby agree, that whatever kind of produce, manufactures or merchandise, of any foreign country can be, from time to time, lawfully imported into the United States in their own vessels, may also be imported in the vessels of the Domini- can Republic, and no higher -or other duties upon the tonnage or cargo of the vessel shall be levied or collected, whether the importa- tion be made in a vessel under the flag of the United States, or a vessel under the flag of the Dominican Republic. And, reciprocally, what- 406 TREATIES, CONVENTIONS, ETC. ever kind of produce, manufactures or merchandise of any foreign country can be, from time to time, lawfully imported into the Do- minican Republic 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 importa- tion be made in a vessel under the flag of the Dominican Republic, or under the flag of the United States. Whatever can be lawfully exported or re-exported by one party in its own vessels to any foreign country, may, in like manner, be ex- ported or re-exported in the vessels of the other ; and the same duties, bounties and drawbacks shall be collected and allowed, whether such exportation or re-exportation be made in vessels of the one or the other. Nor shall higher or other charges of any kind be imposed in the ports of one party on vessels of the other than are or shall be payable in the same f)orts by national vessels. Article VII. The preceding article is not applicable to the coasting trade of the contracting jiarties, which is respectively reserved by each exclusively for its own citizens. But vessels of either country shall be allowed to discharge a part of their cargoes at one port, and proceed to any other jiort or ports in the territories of the other to discharge the remainder, without pay- ing 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 con- ceded to any foreign vessels by the laws of both countries. Article VIII. For the better understanding of the preceding stipulations, it has been agreed that every vessel belonging exclusively to a citizen or citizens of the Dominican Republic, and whose captain is also a citizen of the same, such vessel having also complied with all the other requisites established by law^ to acquire such national character, though the construction and crew are or may be foreign, shall be con- sidered, for all the objects of this treaty, as a Dominican vessel. Article IX. No higher or other duty shall be imposed on the importation into the United States of any article the growth, pi’oduce or manufacture of the Dominican Republic, or of her fisheries; and no higher or other duty shall be imposed on the importation into the Dominican Repub- lic 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 Republic, nor in the Dominican Republic on the exportation of any article to the United States, than such as are or shall be payable on the exporta- tion of the like article to any other foreign country. DOMINICAN REPUBLIC ^1867. 407 No prohibition shall be imposed on the importation of any article the growth, produce or manufacture of the United States or their fisheries, or of the Dominican Republic and her fisheries, from or to the ports of the United States or the Dominican Republic, which shall not equally extend to every other foreign country. Article X. Should one of the high contracting parties hereafter impose dis- criminating duties upon the products of any other nation, the other party shall be at liberty to determine the manner of establishing the origin of its own products intended to enter the country by which the discriminating duties are imposed. Article XI. When any vessel of either party shall be wrecked, stranded or otherwise 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 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 awa}^ shall be jiaid, except such as are payable in like case by national vessels. It is understood, nevertheless, that if, while the vessel is under repair, the cargo shall be unladen and kept in a place of deposit destined for the reception of goods, the duties on which have not been paid, the cargo shall be liable to the charges and fees lawfully due to the keepers of such warehouses. Article XII. It shall be lawful for the citizens of either country to sail with their ships and merchandise (contraband goods always excepted) from any port whatever, to any port of the enemy of the other, and to sail and trade with their ships and merchandise, with perfect security and liberty, from the countries, ports and places of those who are enemies of either party, without any opposition or disturb- ance 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 jilaces be effectively blockaded, besieged or invested. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the 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 any part of her cargo, if not contraband, be confiscated, unless, after notice of such blockade or investment, she 408 TREATIES, CONVENTIONS, ETC. 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 before the same was actually besieged, blockaded or invested by the other, be restrained from quitting such place with her cargo, nor, if found therein after the reduction and surrender of such place, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. Article XIII. The liberty of navigation and commerce shall extend to all kinds of merchandise, excejiting those only which are distinguished by the name of contraband of war, and under this name shall be compre- hended.— 1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, grenades, bombs, powder, matches, balls and everything belonging 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 dr 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. 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 be carried and transported in the freest manner by the citizens of both the contracting parties, even to places belonging to an enemy, excepting only those places which are at the time besieged or blockaded. Article XV. The two high contracting parties recognize as permanent and im- mutable the following principles, to wit : 1. That free shijis 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 cajiture or confiscation when found on board neutral vessels, with the exception of articles contraband of war. 2. 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 jiersons who are on board a neutral ship with this effect, that although they may be enemies of both or either party, they are imt to be taken out of that ship, unless they are officers or soldiers, and in the actual service of the enemy. The contracting parties engage to apjily these principles to the com- merce and navigation of all such powers and States as shall consent to adopt them as permanent and immutable. DOMINICAN REPUBLIC 1867. 409 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 of the enemy of one of the parties, and concerning whose voyage and the articles of their cargo there shall be just grounds of suspicion, shall be obliged to exhibit, as well upon the high seas as in the ports or roads, not only their passports, but likewise their certificates, showing that their goods are not of the quality of those which are specified to be contraband in the thirteenth article of the present convention. Article XVII. And that captures on light suspicions may oe avoided, and injuries thence arising prevented, it is agreed that when one party shall be engaged in war, and the other party be neutral, the ships of the neu- tral party shall be furnished with jiassports, 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 j'^ear; that is, if the ship happens to return home in the sjiace of a year. If the ships are laden they shall be provided, not only with the passports above mentioned, but also with certifi- cates, so that it may be known whether they carry any contraband goods. No other paper shall be required, any usage or ordinance to the contrary notwithstanding. And if it shall not appear from the said certificates that there are contraband goods on board, the ships shall be permitted to proceed on their voyage. If it .shall appear from the certificates that there are contraband goods on board any such ship, and the commander of the same shall offer to deliver them up, the offer shall be accepted, and a receipt for the same shall be given, and the ship shall be at liberty to pursue its voyage unless the quantity of the contraband goods be greater than can 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. 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 or subjects of the neutral party, it shall not be confiscated, but shall be released with her cargo, (contraband goods excepted,) and be permitted to proceed on her voyage. If the master of a ship, named in the passport, should happen to die or be removed by any other cause, and another put in his place, the ship and cargo shall, nevertheless, be equally secure and the pass- port remain in full force. Article XVIII. In order to prevent all kinds of disorder in the visiting and exami- nation 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 410 TKEATIES, CONVENTIONS, ETC. 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 command- ers of the said armed ships shall be responsible with their persons and property ; for which purpose the commanders of all private armed vessels shall, before receiving their commissions, give sufficient secu- rity to answer for all damages they may commit ; and it is hereby agreed and understood that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his papers, or for any other purpose whatever. Article XIX. It is expressly agreed by the high contracting parties that the stipu- lations above mentioned, relative to the conduct to be observed on the sea by the cruisers of the belligerent party towards the ships of the neutral party, shall be applicable only to ships sailing without con- voy, and when the said ships shall be convoyed, it being the intention of the parties to observe all the regards due to the protection of the flag displayed by public ships, it shall not be lawful to visit them; but the verbal declaration of the commander of the convoy that the ships he convoys belong to the nation whose flag he carries, and that they have no contraband goods on board, shall be considered by the respective cruisers as fully sufficient; the two parties reciprocally engaging not to admit under the protection of their convoys ships which shall have on board contraband goods destined to an enemy. Article XX. In all cases where vessels shall be capturea or detained, to be car- ried into port under pretence of carrying to the enemy contraband 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, unless the lading be brought on shore in jiresence of the competent officers, and an inventory be made by them of the same. Nor shall it be lawful to sell, exchange or alienate the said articles of contraband in any manner, unless there shall have been lawful process, and the competent judge or judges shall have pronounced against such goods sentence of confisca- tion. Article XXI. And in such time of war, that proper care may be taken of the vessel and cargo, and embezzlement prevented, it is agreed that it shall not be lawful to remove the master, commander or supercargo of any captured ship from on board thereof, during the time the ship may be at sea after her capture, or pending the proceedings against her, or her cargo, or anything relating thereto; and in all cases where a vessel of the citizens of either party shall be captured or seized and held for adjudication, her officers, passengers and crew shall be hospitably treated. They shall not be imprisoned or de- DOMINICAN REPUBLIC 1867. 411 prived, 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 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, 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 demanded, be delivered to tbe commander or agent of the said vessel without any delay, he paying the legal fees for the same. Article XXIII. When the ships of war of the two contracting parties, or those belonging 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 commissions, which the com- manders of such ships of war shall be obliged to show. It is under- stood, 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 com- missions 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 XXV. No citizen of the Dominican Republic 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 or inhabitant of the said United States, or any of them, apply for or take any commission 412 TREATIES, CONVENTIONS, ETC. or letters of marque for arming any ship or ships to act as privateers against the citizens or inhabitants of the Dominican Republic, or any of them, or the property of any of them, from any Prince or State with which the said Republic shall be at war; and if any person of either nation shall take such commissions or letters of marque, he shall be punished according to their respective laws. Article XXVI. The high contracting parties grant to each other the liberty of having in the ports of the other Consuls or Vice-Consuls of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nation; but if any of the said Consuls or Vice-Consuls shall carry on trade, they shall be subjected to the same laws and usages to which private individuals of their nation are sub- jected in the same place. It is understood that whenever either of the two contracting par- ties shall select a citizen of the other for a Consular Agent to reside in any ports or commercial places of the latter, such Consul or Agent shall continue to be regarded, notwithstanding his quality of a for- eign Consul, as a citizen of the nation to which he belongs, and conse- quently 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 interests are committed to their charge without the interference of the local authorities, unless their assistance shoidd be required, or the conduct of the crews or of the captain 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 thej^ have to resort, on their return, to the judicial authority of their own country. The said Consuls and Vice-Consuls are authorized to require the assistance of the local authorities for the arrest and imprisonment of the deserters from the ships of Avar 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 registers of the A’essels, the muster-rolls of the creAvs, or by any other official documents, that such individuals formed iiart of the crews; and on this claim being substantiated, the surrender shall not be refused. Such deserters, Avhen 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 Avho shall claim them, in order to be sent to the A'essels 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. IIoAvever, if the deserter shall be found to haA'e com- mitted any crime or offence, his surrender may be delayed until the DOMINICAN REPUBLIC 1867. 413 tribunal before which his case shall be pending shall have pronounced its sentence, and such sentence shall have been carried into effect. Article XXVII. The United States of America and the Dominican Republic, on requisitions made in their name through the medium of their respec- tive Diplomatic and Consular Agents, shall deliver up to justice per- sons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum, or shall be found within the territories of the other; Provided^ That this shall be done only when the fact of the com- mission of the crime shall be so established as to justify their 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 tribunals of said country shall proceed and decide accord- ing to their own laws.' Article XXVIII. Persons shall be delivered up according to the provisions of this convention, who shall be charged with any of the following crimes, to wit: Murder, (including assassination, parricide, infanticide, and poisoning;) attempt to commit murder; rape; forgery; the counter- feiting of money; arson; robbery with violence, intimidation, or forcible entry of an inhabited house ; piracy ; embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. Article XXIX. On the part of each country the surrender shall be made only by the authority of the Executive thereof. The expenses of detention and delivery, effective in virtue of the preceding articles, shall be at the cost of the party making the demand. Article XXX. The provisions of the aforegoing articles relating to the surrender of fugitive criminals shall not apply to offences committed before the date hereof, nor to those of a political character. 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 expiration of that period neither of the contracting parties shall have announced, by an official notification, its intention to the other to arrest the operations of said convention, it shall continue binding for twelve months longer, and so on, from year to year, until the expira- tion of the twelve months which will follow a similar declaration, whatever the time at which it may tak*e place. 414 TKEATIES, CONVENTIONS, ETC. Article XXXII. 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 Santo Domingo as soon as circumstances shall admit. In faith whereof the respective Plenipotentiaries have signed the aforegoing articles, in the English and Spanish languages, and they have hereunto affixed their seals. Done in duplicate at the city of Santo Domingo, this eighth day of February, in the year of our Lord one thousand eight hundred and sixty-seven. [seal.] Jno. Somers Smith. [seal.] Jose G. Garcia. [seal.] Juan K. Fiallo. 1903. Arbitration Protocol. — Claim of San Domingo Improvement Company. Signed January 31, 1903. Articles. I. Manner of payment. II. Meeting of arbitrators. III. Procedure. IV. Arguments. V. Cession of properties. VI. Time of payment. VII. Award. VIII. Expenses. Protocol of an agreement between the United States of America and the Dominican Reptiblic, for the submission to arbitration of cer- tain questions as to the payment of the sum hereinafter agreed to be paid by the Dominican Gooernment to the Government of the United States on account of the claims of the San Domingo Im- provement Company of New York, a corporation under the laws of the State of New Jersey and a citizen of the United States, and its allied companies. Whereas, differences exist between the Dominican Government and the “ San Domingo Improvement Company ” and its allied com- panies; and Whereas, as the result of those differences, the interests of the Improvement Company and its allied companies, viz : “ The San Domingo Finance Company of New York,” “ The Company of The Central Dominican Railway,” both being corporations created under the laws of New Jersey, and the National Bank of San Domingo, a company originally organized under a French charter, the two latter companies being owned and controlled by the San Domingo Finance Company, are seriously affected ; and Whereas, it is agreed, as the basis of the present settlement, that the Improvement Company and its allied Companies shall withdraw from the Dominican Republic, and that they shall be duly indemni- fied by the latter for the relinquishment of their rights, properties and interests. DOMINICAN REPUBLIC 1903. 415 The United States of America and the Dominican Republic through their respective representatives, W. F. Powell, Charge d’Affaires, and Juan Fco. Sanchez, Secretary of State for Foreign Relations, have agreed upon the following articles : I. It being hereby agreed that the Dominican Government shall pay to the Government of the United States the sum of $4,500,000 (four millions five hundred thousand dollars) in American gold, on terms to be fixed by the arbitrators, said payment to be made and accepted as full indemnity for the relinquishment by the companies above- mentioned of all their rights, properties and interests, and in full settlement of all accounts, claims and differences between the Do- minican Government and the said companies ; the terms on which the indemnity thus agreed upon shall be paid shall be referred to a board of three arbitrators, one to be named by the President of the United States, one by the President of the Dominican Republic, and the third by the President of the United States and the President of the Dominican Republic jointly; but if, within sixty days after the signa- ture of the present protocol, the third arbitrator shall not have been so named, he shall then be selected by the Dominican Government from members of the United States Supreme Court or the United States Circuit Court of Appeals, from names presented. In case of the death, absence or incapacity of any arbitrator, or in the event of his ceasing or omitting to act, the vacancy shall be filled in the same manner as the original appointment, the period of sixty days to be calculated from the date of the happening of the vacancy. 0 II. The arbitrators shall meet in the city of Washington, within sixty days after the date of the appointment of the third arbitrator. The vote of the majority shall suffice for the decision of all ques- tions submitted to the tribunal, including the final award. III. Within six months after the signature of this protocol, each party shall present to the other and to its agent, and also to each of the arbitrators, two printed copies of its case, accompanied with the documents and evidence on which it rdies, together with the affidavits of their respective witnesses. Within a further period of two months, either party may, in like manner, present a counter-case, with additional documents and evi- dence and affidavits, in reply to the case, documents and evidence of the other party. If the other party shall, in its case or counter-case, refer to any document in its exclusive possession without annexing a copy, it shall, upon the request of the other party, furnish the latter with a copy ; and either party may call upon the other through the arbitrators, to produce the originals or certified copies of any papers adduced aa evidence. 416 TREATIES, CONVENTIONS, ETC. IV. Within two months after the expiration of the term allowed for the filing of counter-cases, each Government may, by its agent, as well as by additional counsel, argue its cause before the arbitrators, both orally and in writing. Each side shall furnish to the other copies of any written arguments, and each party shall be at liberty to make a written reply, provided that such reply be submitted within the two months specified. V. The Companies above mentioned shall cede and transfer to the Dominican Government, and the latter shall acquire from the Com- panies, the properties mentioned herein, the times, terms and condi- tions of the delivery of which shall be fixed by the arbitrators : 1. All the rights and interests which they may possess in the sec- tion of the Central Dominican Railway already constructed, as well as all rights and interests which they may have in the extension of the railways from Santiago to Moca, and from Moca to San Fran- cisco de Macoris. 2. All rights and interests which they may have in the National Bank. 3. All bonds of the Republic of which they may be the holders, the amount of which shall not exceed £850,000, nominal (eight hundred and fifty thousands sterling pounds), nominal and shall be no less than £825,000 (eight hundred and twenty five thousands sterling pounds nominal) It is understood that all these bonds are of the class bearing four per cent, annual interests excepting as to £24,000 (twenty four thousands sterling pounds) two and three-quarter per cent bonds, which shall be accepted at the rate of sixteen 2.f % bonds for eleven 4% bonds. A list of the bonds shall accomjiany the case of the United States. VI. It is agreed, as the basis of the award to be made by the arbitrators, that the sum specified in Article I hereof shall be paid in monthly instalments, the amount and manner of collection of which shall be fixed by the tribunal. The award shall bear interest from the date of its rendition at the The Dominican Government having, in its recent negotiations with the American Companies, proposed to pay, on account of its indebt- edness to them, a minimum suiji of $225,000 (two hundred and twenty five thousands dollars) per annum, which was to be increased on a sliding scale, it is agreed that the Dominican Government shall, pend- ing the present arbitration, and beginning with the 1st of January 1903, pay to the Government of the United States for the use of the American Companies, the sum of $225,000 (two hundred and twenty five thousands dollars) per annum, in equal monthly instalments, the aggregate amount so paid, at the date of the award, to be taken into account of the arbitrators. VII. The award of the tribunal shall be rendered within a year from the date of the signature of the present protocol. It shall be in writing, and shall be final and conclusive. DOMINICAN REPUBLIC 1903. 417 VIII. Keasonable compensation to the arbitrators for their services and all expenses incident to the arbitration, including the cost of such clerical aid as may be necessary, shall be paid by the Governments in equal moieties. Done in quadruplicate, in English and Spanish, at San Domingo City, this 31st day of January, 1903. [seal] Jno Fco Sanchez Ministro de Relaciones Exteriores [seal] W. F. Powell, Charge d' Affaires. AGREEMENT TO THE NAMING OF ARBITRATORS. It is hereby agreed, on the part of the Dominican Government, through Juan Francisco Sanchez, Secretary of State for Foreign Relations, and the Charge d’Atfaires of the United States of North America, in the person of IV. F. Powell, each acting for his respective Government, agree that neither of the signatory parties to this Pro- tocol for International Arbitration, to which has been referred cer- tain disagreements existing between the Dominican Government on the one side, and the Santo Domingo Improvement Company on the other, shall name its Arbitrator as stated in said Prbtocol, until after a period of ninety (90) days from the date of signing the same, in order to allow the Dominican Government to come to an agreement with the Santo Domingo Improvement Company, and the date re- ferred to in the appointment of the third Arbitrator shall bear same as that expressed above. To the above we agree, and with good faith to carry the same into effect, have here-unto affixed our names and attached thereto the Seals of our respective Offices. Done this 31st Day of January, 1903. [seal] Jno Fco Sanchez Secretary of State for Foreign Relations of the Re-public of San Domingo IV. F. Powell. [seal] Charge d' Affaires of the United States of North America The board of arbitrators, consisting of Hon. John G. Carlisle, ap- pointed by the President of the United States, Don Manuel de J. Galvan, appointed by the President of the Dominican Republic, and Judge George Gray, nominated by the President of the Dominican Re- public, on the 14th of July, 1904, rendered the award, providing for the redelivery of the various properties to the Dominican Republic, and providing that the Dominican Republic shall pay the principal sum of four million four hundred and eighty one thousand two hun- dred and fifty dollars, in monthly installments of thirty seven thou- sand, five hundred dollars each, during the first two years and of $41,666.66 each thereafter to the financial agent of the United States on the first day of each month, beginning with September, 1904, and as 24449— VOL 1—10 27 418 TREATIES, CONVENTIONS, ETC. security for such payments the customs revenues and customs houses of Puerto Plata, Sanchez Samana and Montecristy, and all other IDorts of entry or custom houses now existing or might thereafter be established on the coast or in the interior north of eighteen degrees and forty five minutes and east of the Haitian boundry, were to be assigned and designated, which customs houses were to be turned over to a financial agent, to be appointed by the United States, who was to have entire charge of such custom houses and of the collection of the revenues therefrom. 1907. Convention Providing for the Assistance of the United States IN the Collection and Application of the Customs Re\’enues OF THE Dominican Republic. Concluded February 8, 1907 ; ratification advised by the Senate Febru- ary £5, 1907 ; ratified by the President June 1907 ; ratifications exchanged Jtdy 8, 1907 ; proclaimed July 25, 1907. Articles. I. Receiver. * ■ IV. Accounts of receiver. II. Payment of customs revenues. V. Ratification. III. Public debt. liniereas during disturbed political conditions in the Dominican Republic debts and claims have been created, some by regular and some by revolutionary governments, many of doubtful validity in Avhole or in part, and amounting in all to over $30,000,000, nominal or face value; And whereas the same conditions have prevented the peaceable and continuous collection and application of National revenues for pay- ment of interest or principal of such debts or for liquidation and settlement of such claims; and the said debts and claims continually increase by accretion of interest and are a grievous burden upon the people of the Dominican Republic and a barrier to their improvement and prosperity; And whereas the Dominican Government has now effected a con- ditional adjustment and settlement of said debts and claims under which all its foreign creditors have agreed to accept about $12,407,000 for debts and claims amounting to about $21,184,000 of nominal or face value, and the holders of internal debts or claims of about $2,028,- 258 nominal or face value have agreed to accept about $645,827 there- for, and the remaining holders of internal debts or claims on the same basis as the assents already given will receive about $2,400,000 therefor, which sum the Dominican Government has fixed and deter- mined as the amount which it will pay to such remaining internal debt holders; making the total payments under such adjustment and set- tlement, including interest as adjusted and claims not yet liquidated, amount to not more than about $17,000,000. And whereas a part of such plan of settlement is the issue and sale of bonds of the Dominican Republic to the amount of $20,000,000 bearing five per cent interest payable in fifty years and redeemable DOMINICAN EEPUBLIC 1907. 419 after ten years at 102| and requiring payment of at least one jier cent per annum for amortization, the proceeds of said bonds, together with such funds as are now deposited for the benefit of creditors from customs revenues of the Dominican Republic heretofore received, after payment of the expenses of such adjustment, to be applied first to the payment of said debts and claims as adjusted and second out of the balance remaining to the retirement and extinction of certain concessions and harbor monopolies which are a burden and hindrance to the commerce of the country and third the entire balance still remaining to the construction of certain railroads and bridges and other public improvements necessary to the industrial development of the country; And whereas the whole of said plan is conditioned and dependent upon the assistance of the United States in the collection of customs revenues of the Dominican Republic and the application thereof so far as necessary to the interest upon and the amortization and redemption of said bonds, and the Dominican Republic has requested the United States to give and the United States is willing to give such assistance : The Dominican Government, represented by its Minister of State for Foreign Relations, Emiliano Tejera, and its Minister of State for Finance and Commerce, Federico Velasquez H., and the United States Government, represented by Thomas C. Dawson, Minister Resident and Consul General of the United States to the Dominican Republic, have agreed : I. That the President of the United States shall appoint, a Gen- eral Receiver of Dominican Customs, who, with such Assistant Re- ceivers and other employees of the Receivership as shall be appointed by the President of the United States in his discretion, shall collect all the customs duties accruing at the several customs houses of the Dominican Republic until the payment or retirement of any and all bonds issued by the Dominican Government in accordance with the plan and under the limitations as to terms and amounts hereinbefore recited ; and said General Receiver shall apply the sums so collected, as follows: First, to paying the expenses of the receivership ; second, to the pay- ment of interest upon said bonds ; third, to the payment of the annual sums provided for amortization of said bonds including interest upon all bonds held in sinking fund ; fourth, to the purchase and cancella- tion or the retirement and cancellation pursuant to the terms thereof of any of said bonds as may be directed by the Dominican Govern- ment ; fifth, the remainder to be paid to the Dominican Government. The method of distributing the current collections of revenue in order to accomplish the application thereof as hereinbefore provided : hall be as follows: The expenses of the receivership shall be paid by the Receiver as they arise. The allowances to the General Receiver and his assist- ants for the expenses of collecting the revenues shall not exceed five per cent unless by agreement between the two Governments. On the first day of each calendar month the sum of $100,000 shall be paid over by the Receiver to the Fiscal Agent of the loan, and the remaining collection of the last preceding month shall be paid over to the Dominican Government, or applied to the sinking fund 420 TREATIES, CONVENTIONS, ETC. for the purchase or redemption of bonds, as the Dominican Govern- ment shall direct. Provided^ that in case the customs revenues collected by the Gen- eral Receiver shall in any year exceed the sum of $3,000,000, one half of the surplus above such sum of $3,000,000 shall be applied to the sinking fund for the redemption of bonds. II. The Dominican Government will provide by law for the pay- ment of all customs duties to the General Receiver and his assistants, and will give to them all needful aid and assistance and full protec- tion to the extent of its powers. The Government of the United States will give to the General Receiver and his assistants such protection as it may find to be requisite for the performance of their duties. III. Until the Dominican Republic has paid the whole amount of the bonds of the debt its public debt shall not be increased except by previous agreement between the Dominican Government and the United States. A like agreement shall be necessary to modify the import duties, it being an indispensable condition for the modifica- tion of such duties that the Dominican Executive demonstrate and that the President of the United States recognize that, on the basis of exportations and importations to the like amount and the like character during the two years preceding that in which it is desired to make such modification, the total net customs receipts would at such altered rates of duties have been for each of such two years in excess of the sum of $2,000,000 United States gold. IV. The accounts of the General Receiver shall be rendered monthly to the Contaduria General of the Dominican Republic and to the State Department of the United States and shall be subject to exam- ination and verification by the appropriate officers of the Dominican and the United States Governments. V. This agreement shall take effect after its approval by the Senate of the United States and the Congress of the Dominican Republic. Done in four originals, two being in the English language, and two in the Spanish, and the representatives of the high contracting parties signing them in the City of Santo Domingo this 8th day of February, in the year of our Lord 1907. Thomas C Dawsom Emiliano Tejera Federico Velazquez H. ECUADOR 1839. Treaty of Peace, Friendship, Navigation, and Commerce.® Concluded June 13, 1839; ratification advised hy the Senate July 15, 18JfO; ratified hy the President July 31, 18J^0; ratifications ex- changed April 9, 18Jt2; proclaimed September 23, 181^2. Articles. I. Amity. II. Most favored nation. III. Freedom of commerce and navigation. IV. Duties. V. Nationality of vessels. VI. Duties on imports and exports. VII. Reciprocal privileges of citi- zens. VIII. Embargo without indemniflca- tiou. IX. Asylum to vessels. X. Captures by pirates. XI. Shipwrecks. XII. Rights of property. XIII. Special protection. XIV. Religious freedom. XV. Rights of neutrals; free ships, free goods. XVI. Enemy’s flag not to protect property of neutral. XVII. Contraband goods. XVIII. Articles not contraband. XIX. Neutral vessels. XX. Blockade. XXI. Visitation and search. XXII. Nationality of vessels. XXIII. Neutral vessels with convoy. XXIV. Prize courts. XXV. Letters of marque. XXVI. Treatment of citizens in war. XXVII. Exemption of debts and se- curities. XXVIII. Most favored nation to public ministers. XXIX. Consuls. XXX. Exequaturs. XXXI. Rights of consuls. XXXII. Deserters. XXXIII. Consular convention. XXXIV. Construction favored nation provision. XXXV. Duration ; ratification. The United States of America and the Republic of Ecuador, desii’- ing 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 de- sirable object the President of the United States of America has con- ferred full powers on James C. Pickett, a citizen of the said States, and the President of the Republic of Ecuador, on Doctor Luis de Saa, Minister of Finance, charged with the Department of the Interior and “This treaty was terminated August 25, 1892, by notice from the Ecuadoran Government. 421 422 TREATIES, 'CONVENTIONS, ETC. Foreign Relations; who, after having exchanged their said full liowers 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 Reimblic of Ecua- dor, in all the extent of their jiossessions and territories, and between their peojile and citizens, respectively, without distinction of persons or places. Article II. The United States of America and the Eeimblic of Ecuador, desir- ing to live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all, engage mutually not to grant any particular favor to other nations in respect of commerce and navigation which shall not immediately become common to the other party, Avho shall enjoy the same freely, if the concession was freely made, or, on allowing the same com- pensation, if the concession was conditional. Article III. The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries on the liberal basis of perfect equality and reciprocity, mutually agree that the citizens of each may frequent all the coasts and countries of the other, and reside and trade there in all kinds of produce, manu- factures and merchandise; and they shall enjoy all the rights, privi- leges and exemptions in navigation and commerce which native citi- zens do or shall enjoy, submitting themselves to the laws, decrees and usages there established, to which native citizens are subjected; but it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties resjiectively, according to their own separate laws. And it is further agreed that this article shall be subject to the following modification: That whereas by a law of Ecuador of March twenty-first, 1837, vessels built in the dock-yard of Guayaquil shall be exemjited 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 Republics. Article IV. They likewise agree that whatever kind of produce, manufactures or merchandise of any foreign country can be, from time to time, lawfully imported into the United States in their own A^essels, may be also imported in the vessels of the Republic 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 A'essels of the one country or of the other; and, in like manner, that Avhatever kind of produce, manufactures, or merchandise of any foreign country can be, from time to time, lawfully imported into ECUADOR — 1839. 423 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 col- lected, whether the importation be made in vessels of the one country or of the other. And they agree that whatever may be lawfully ex- ported 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 Ecuador. Article V. For the better understanding of the preceding article, and taking into consideration the actual state of the commercial marine of Ecua- dor, it has been stipulated and agreed that all vessels belonging ex- clusively to a citizen or citizens of said Eepublic, and whose captain is also a citizen of the same, though the construction or the crew are or may be foreign, shall be considered, for all the objects of this treaty, as an Ecuadorian vessel. Article VI. No higher or other duties shall be imposed on the importation into the United States of any articles, the produce or manufactures of the Eepublic of Ecuador ; and no higher or other duties shall be im- posed on the importation into the Eepublic of Ecuador of any arti- cles, the produce or manufactures of the United States, than are or shall be payable on the like articles, being the produce or manu- factures of any other foreign country ; nor shall any higher or other duties or charges be imposed 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 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 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, to manage themselves their own business in all the ports and places subject to the jurisdiction of each other, as well with respect to the consignment and sale of their goods and merchandise by wholesale or retail, as with respect to the loading, unloading and sending off their ships; they being in all these cases to be treated as citizens of the country in which they reside, or, at least, to be placed on a footing with the subjects or citizens of the most favored nation. They shall be subject, however, to such general taxes and contributions as are or may be established by law. 424 TREATIES, CONVENTIONS, ETC. Article VIII. The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, merchandises or effects for any military expedition, nor for any public or private purpose whatever, without allowing to those interested a sufficient indemnification. Article IX. IVhenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports or dominions of the other, with their vessels, whether 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 X. All the ships, merchandise 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 the high seas, and may be carried or found in the rivers, roads, bays, ports or dominions of the other, shall be delivered up to the owners, they proving, in due and proper form, their rights before the competent tribunals, it being well understood that the claim should be made within the term of one year by the parties themselves, their attorneys or agents of their respective Governments. Article XI. Vdien any vessels belonging to the citizens of either of the contract- ing parties shall be wrecked, foundered, or shall suffer any damage on the coasts or within the dominions of the other, there shall be given to them all assistance and protection, in the same manner which is usual and customary with the vessels of the nation where the damage happens, jiermitting 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 be destined for consumption. Article XII. The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament or otherwise, and their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ah intestato, and they may take pos- session thereof, either by themselves or by others acting for them, and dispose of the same at their will, paying such duties only as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases. And if, in the case of real estate, the said heirs Avould be prevented from entering into the possession of the inheritance on account of their character of aliens, there shall be granted to them ECUADOR — 1839. 425 the term of three years to dispose of the same as they may think proper, and to withdraw the proceeds without molestation, nor any other charges than those which are imposed by the laws of the country. Article XIII. Both the contracting parties promise and engage, formally, to give their special protection to the persons and property of the citizens of each other, of all occupations, who may be in the territories subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial recourse, on the same terms which are usual and 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 ail 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 conscience may be enjoyed by the citizens of both the contracting par- ties, 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 estab- lished usages of the country. Moreover, the bodies of the citizens of one of the contracting parties, who may die in the territories of the other, shall be buried in the usual burying-grounds, or in other decent or suitable places, and shall be protected from violation or disturbance. Article XV. It shall be lawful for the citizens of the United States of America and of the Republic of Ecuador to sail with their ships with all man- ner of liberty and security, no distinction being made who are the proprietors of the merchandises laden thereon, from any port to the places of those who now are or hereafter shall be at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with 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 ppty, 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 free and exempt which shall be found on board the ships belonging to the citizens of either of the contracting parties, although, the whole lading, or any part thereof, should appertain to the enemies of either, contraband goods being always excepted. It is also agreed, in like manner, that the same liberty shall be extended to persons 426 TREATIES, CONVENTIONS, ETC. 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 contracting parties shall be at war with a third, and the other neutral, the flag of the neutral shall cover the property of enemies whose governments acknowledge this principle, and not of others. Article XVI. It is likewise agreed, that in the case where the neutral flag of one of the contracting parties shall protect the property of the enemies of the other, by virtue of the above stipulations, it shall always be understood that the neutral property found on board such enemy’s vessels shall be held and considered as enemy’s property, and, as such, shall be liable to detention and confiscation ; except such prop- erty as was put on board such vessel before the declaration of war, or even afterwards, if it were done without the knowledge of it; but tbe 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, 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 contraband or pro- hibited goods shall be comprebended : 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halbreds, and grenades, bombs, powder, matches, 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, pre- pared and formed expressly to make war, by sea or land. Article X^H^II. All other merchandises and things not comprehended in the articles of contraband explicitly enumerated and classified as above shall be held and considered as free, and subjects of free and lawful com- merce, so that they may be carried and transported in the freest man- ner, by the citizens of both the contracting parties, even to places belonging to an enemy, excepting onlj'^ 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 a neutral. ECUADOR — 1839. 427 Article XIX, The articles of contraband before enumerated and classified, which may be found in a vessel bound for an enemy’s port, shall be subject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they may see proper. Xo vessel of either of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great, 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 places 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 contraband, be confiscated, unless, after warning of such blockade or investment, from any officer commanding a vessel of the blockading forces, they shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Xor shall any vessel of either, that may have entered into such port before the same was actually 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. 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 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 con- tracting 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 ownership 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 purpose of exhibiting his papers, or for any other purpose what- ever. Article XXII. To avoid all kind of vexation and abuse in the examination of the papers relating to the oiynership of the vessels belonging to the citi- zens of the two contracting parties, they have agreed, and do agree. 428 TBEATIES, CONVENTIONS, ETC. 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 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 con- taining the several particulars of the cargo, and the jilace whence the ship sailed, so that it may be known whether any forbidden or contra- band 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 those which sail without convoy ; and when said vessels shall be under con- voy, 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 XXIV. It is further agreed that, in all cases, the established courts for jirize causes, in the country 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 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. IVhenever one of the contracting parties shall be engaged in war Avith another State, no citizen of the other contracting party shall accept a commission or letter of marque, for the purpose of assisting or co-operating hostility ivith the said enemy, against the said party so at war, under the pain of being considered as a pirate. Article XXVI. If by any fatality, which cannot be expected, and Avhich God for- bid, the two contracting parties should be engaged in a war with each other, they haA'e agreed, and do agree, now for then, that there shall be alloAved the term of six months to the merchants residing on the ECUADOR 1839. 429 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 etfects 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 the Republic of Ecuador, shall be respected and main- tained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this pro- tection, which, in consideration of humanity, the contracting parties engage to give them. Article XXVII. Xeither the debts due from individuals of the one nation to the individuals of the other, nor shares, nor moneys, which they may have in public funds, nor in public nor private banks, shall ever, in any event of war, or of national difference, be sequestered or confiscated. Article XXVIII. Both the contracting parties, being desirous of avoiding all in- equality 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 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. Article XXIX. To make more effectual the protection which the United States and the Republic of Ecuador shall afford in 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 com- merce, who shall enjoy in them all the rights, perogatives and immu- nities 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 be- long to them by their public character, they shall, before entering on the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited ; and, hav- ing obtained their exequatur, they shall be held and considered as such, by all the authorities, magistrates and inhabitants in the con- sular district in which they reside. 430 TREATIES, CONVENTIONS, ETC. 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 exempted from all kinds of taxes, imposts and contributions, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens and inhabitants, native and foreign, of the coun- try in which they reside, are subject; being in everything besides subject to the laws of the respective states. The archives and 23apers of the consulates shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. Article XXXII. The said Consuls shall have power to require the assistance of the authorities of the country, for the arrest, detention and custody of deserters from the jmblic and private vessels of their country; and for that iiurjiose they shall address themselves to the courts, judges and officers competent, and shall demand the said deserters in writ- ing ; jiroving by an exhibition of the register of the vessel’s or ship’s roll, or other joublic documents, that those men Avere jiart 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, Avhen arrested, shall be put at the disposal of said Consuls, and may be jiut in the public jirisons at the request and expense of those Avho 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 Avithin tAvo 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 effectually protecting their commerce and navigation, the two contracting jiarties do hereby agree, as soon here- after as circumstances Avill permit them, to form a consular coiiA^en- tion, Avhich shall declare especially the poAvers and immunities of the Consuls and Vice-Consuls of the respectiA^e jiarties. Article XXXIV. It is further agreed, that the words, “ most favored nation,” that occur in this treaty, shall not be so construed as to prevent either of the contracting parties from concluding any treaty or convention with any other nation or State it may think proper, as freely and as fully as though said Avords Avere not used: Provided^ however., That not- withstanding any such treaty or convention, the citizens of the United States shall be placed in Ecuador, with respect to navigation and commerce, iqion an equal footing with the subjects of Spain and with the citizens of Mexico and of the other Hispano- American States, Avith which treaties haA’^e 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 com- merce, that the citizens of the United States enjoy, or shall enjojq in Ecuador. msiom uemx^ !56 Fifth 431 Article XXXV. The United States of America and the Republic of Ecuador, 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 decided sol- emnly and do agree to the following points : 1st. The present treaty shall remain in full force and virtue for the term of twelve years, to be counted from the day of exchange of the ratifications, and further, until the end of one year 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 re- serving to itself the right of giving such notice to the other at the end of said term of twelve years: And it is hereby agreed between them, that, on the expiration of one year after such notice shall have been received by either, from the other party, this treaty, in all its parts relative to commerce and navigation, shall altogether cease and determine, and in all those parts which relate to peace and friendship, it shall be perpetually and permanently binding on both powers. 2nd. 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 personally responsible for the same, and harmony and good corre- spondence between the two nations shall not be interrupted thereby, each party engaging in no way to protect the offender, or sanction such violation. 3rd. If, (what indeed cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated or in- fringed in any way whatever, it is expressly stipulated that neither of the contracting parties will order or authorize anj^^ act of reprisal, nor declare war against the other on complaints of injuries or dam- ages, until the said party considering itself offended shall first have presented to the other a statement of such injuries or damages, veri- fied by competent proofs, and demanded justice, and the same shall have been either refused or unreasonably delayed. 4th. Nothing in this treaty shall, however, be construed or operate contrary to former and existing public treaties, with other sovereigns and states. The present treaty of peace, amity, commerce and navigation, shall be 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 Republic 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 hundred and thirty-nine, and in the sixty-third year of the Independence of the United States of America and the twenty-ninth of that of the Republic of Ecuador. [seal.] [seal.] J. C. Pickett. Luis de Saa. 432 TREATIES, CONVENTIONS, ETC. 1862 Claims Convention. Concluded November 25, 1862; rati-fication advised by the Senate January 28, 1863; ratified by the President February 13, 1863; ratifications exchanged July 27, 186 J^; proclaimed September 8, 1865. Articles. I. Claims; commission. II. Procedure. III. Award. V. Decisions. VI. Expenses. VII. Ratification. IV. Duration of commission. The United States of America and the Republic of Ecuador, desir- ing 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, Min- ister Resident of the United States in Ecuador, and the President of Ecuador on Juan Jose Flores, General-in-Chief of the Armies of the Republic; MJio, 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, citizens of the United States, upon the Government of Ecuador, or of corporations, companies or individuals, citizens of 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 United States, and one by the Government of Ecuador. In case of death, absence, resignation or incapacity of either Commissioner, or in the event of either Com- missioner 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 Government, shall forthwith proceed to fill the vacancy thus occasioned. The Commissioners so named shall meet in the city of Guayaquil within ninety days from the exchange of the ratifications of this convention, and before pro- ceeding to business shall make solemn oath that they will carefully examine and impartially decide according to justice, and in com- pliance with the provisions of this convention, all claims that shall be submitted to them; and such oath shall be entered on the record of their proceedings. The Commissioners shall then proceed to name an Arbitrator or Umpire, to decide upon any case or cases concerning which they may disagree, or upon any jioint of difference which may arise in the course of their proceedings. And if they cannot agree in the selec- tion, the Umpire shall be appointed by her Britannic Majesty’s Charge d’Affaires, or (excepting the Minister Resident of the United States) by any other diplomatic agent in Quito whom the two high contracting parties shall invite to make such appointment. ECUADOR 1862. 433 Articde II. The Arbitrator or Umpire being appointed, the Commissioners shall, without delay, proceed to examine the claims which may be presented to them by either of the two Governments ; 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 Commissioner, such papers in its possession as may be deemed important to the just determination of any claim or claims. In cases where they agree to award an indemnity, they shall deter- mine the amount to be paid. In cases in which said Commissioners cannot agree, the points 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 to the claimants, respectively, whether by virtue of the awards agreed to between themselves or of those made by the Umpire; and the aggre- gate amount of all sums decreed by the Commissioners, and of all sums accruing from awards made by the Umpire under the authority conferred by the fifth article, shall be paid to the Government to which the respective claimants belong. Payment of said sums shall be made in equal annual instalments, to be completed within nine years from the date of the termination of the labors of the Commis- sion, the first payment to be made six months after the same date. To meet these payments both Governments pledge the revenues of their respective nations. Article IV. The Commission shall terminate its labors in twelve months from the date of its organization. They shall keep a record of their pro- ceedings, and may appoint a Secretary versed in the knowledge of the English and Spanish languages. Article V. The proceedings of this Commission shall be final and conclusive with respect to all pending claims. Claims which shall not be pre- sented to the Commission within the twelve months it remains in existence will be disregarded by both Governments, and considered invalid. In the event that, upon the termination of the labors of said Commission, any case or cases should be pending before the Umpire, and awaiting his decision, said Umpire is hereby authorized to make his decision or award in such case or cases, and his certificate thereof in each case, transmitted to each of the two Governments, shall be held to be binding and conclusive : Provided^ however^ That his decision shall be given within thirty days from the termination of the labors of the Commission, at the expiration of which thirty days his power and authority shall cease. 24449— VOL 1—10 28 434 TREATIES, CONVENTIONS, ETC. Article VI. Each Government shall pay its own Commissioner; but the Um- pire, as well as the incidental expenses of the Commission, shall be paid one-half by the United States and the other half by Ecuador. Article VII. The present convention shall be ratified and the ratifications ex- changed in the city of Quito. In faith whereof, we, the respective Plenipotentiaries, have signed this convention and hereunto afiixed our seals, in the city of Guaya- quil, this twenty-fifth day of November, in the year of our Lord 1862. [seal.] F. Hassatjrek. [seal.] Juan Jose Flores. Pursuant to the foregoing convention the Commission, consisting of two members and an arbitrator, was duly appointed, met at Guayaquil, August 22, 1864, terminated its session August 17, 1865, and awarded $94,799.56 in favor of the United States. 1872.“ Naturalization Convention. Concluded May 6^ 1872; ratification advised hy the Senate May 23^ 1872; ratified hy the President May 25^ 1872; ratifications ex- changed November 6, 1873; proclaimed November 2Jf., 1873. Articles. I. Requisites for naturalization. II. Recovery of former citizenship. III. Renunciation of citizenship. IV. Offense committed before emigra- tion. V. Declaration of intention. VI. Duration. VII. Ratification. The United States of America and the Republic of Ecuador, being desirous of regulating the citizenship of persons who emigrate from Ecuador to the United States, and from the United States to the Republic of Ecuador, have decided to treat on this subject, and for this purpose, have named their respective Plenipotentiaries, to wit : the President of the United States, Hamilton Fish, Secretary of State, and the President of the Republic of Ecuador, Don Antonio Flores, accredited as Minister Resident of that Republic to 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. “ This convention was abrogated August 25, 1892, upon notice by the Ecua- dorian Government. ECUADOR 1872. 435 Article I. Each of the two Republics shall recognize as naturalized citizens of the other, those persons who shall have been therein duly naturalized, after having resided uninterruptedly, in their adopted country as long as may be required by its constitution or laws. This Article shall apply as well to those already naturalized in the countries of either of the contracting parties as to those who may be hereafter naturalized. Article II. If a naturalized citizen of either country shall renew his residence in that where he was born, without an intention of returning to that where he was naturalized, he shall be held to have re-assumed the obligations of his original citizenship, and to have renounced that which he had obtained by naturalization. Article III. A residence of more than two years in the native country of a natu- ralized citizen, shall be construed as an intention on his part to stay there without returning to that where he was naturalized. This pre- sumption, however, may be rebutted by evidence to the contrary. Article IV. Naturalized citizens of either country, on returning to that where they were born, shall be subject to trial and punishment according to the laws, for offences committed before their emigration, saving always the limitations established by law. Article V. A declaration of intention to become a citizen shall not have the effect of naturalization. Article VI. The present convention shall go into effect immediately on the exchange of ratifications, and it shall remain in full force for 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 further remain in force until twelve months after either of the contracting parties shall have given notice to the other of such intention. 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 Republic of* Ecuador with the approval of the Congress of that Republic, and the ratifications shall be exchanged at Washington within eighteen months from the date hereof. 436 TREATIES, CONVENTIONS, ETC. In faith whereof the plenipotentiaries have signed and sealed this convention at the city of Washington this sixth day of May, in the year of our Lord one thousand eight hundred and seventy two. [seal.] Antonio Flores, [seal.] Hamilton Fish. 1872. Extradition Convention. Concluded June 28, 1872 ; ratification adcised hy the Senate January 6, 1873; ratifed by the President January 10, 1873; ratif cations exchanged November 12, 1873; proclaimed December 2It., 1873. Articles. I. Persons to be delivered. II. Extraditable crimes. III. Political offenses, etc. IV. Persons under arrest in country where found. V. Procedure. VI. Expenses. VII. Duration ; ratification. The United States of America and the Republic of Ecuador having deemed it conducive to the better administration of justice and the prevention of crime within their respective territories, that all persons convicted of, or accused of the crimes enumerated below, being fugi- tives from justice, shall be, under certain circumstances, reciprocally delivered up have resolved to conclude a Treaty upon the subject, and the President of the United States has for this purpose named Rumsey Wing, a citizen of the United States, and their Minister Resi- dent in Ecuador, as Plenipotentiary on the part of the United States ; and the President of Ecuador has named Francisco Tavier Leon, Min- ister of the Interior and of Foreign Affairs, as Plenipotentiary on the part of Ecuador; who having reciprocally communicated their full powers, and the same having been found in good and due form, have agreed upon the following articles, viz : Article The Government of the United States, and the Government of Ecuador mutually agree to deliver up such persons as may have been convicted of, or may be accused of the crimes set forth in the follow- ing article, committed within the jurisdiction of one of the contract- ing parties, and who may have sought refuge, or be found within the Territory of the other: it being understood that this is only to be done when the criminality shall be proved in such manner that accord- ing to the laws of the country, where the fugitive or accused may be found such persons might be lawfully arrested and tried, had the crime been committed within its jurisdiction. Article 2"*^. Persons convicted of or accused of any of the following crimes shall be delivered up, in accordance with the provisions of this Treaty. lA Murder, including assassination, parricide, infanticide and poi- soning. ECUADOR 18’72, 437 2°*^. The crime of rape, arson, piracy, and mutiny on ship-board when the crew or a part thereof, by fraud or violence against the com- manding officer have taken possession of the vessel. 3'^'^. The crime of burglary, this being understood as the act of breaking or forcing an entrance into another’s house with intent to commit any crime, and the crime of robbery, this being defined as the act of taking from the person of another, goods or money with crimi- nal intent, using violence or intimidation. 4‘**. The crime of forgery: which is understood to be the wilful use or circulation of forged papers or public documents. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, bank bills and securities, and in general of any kind of titles to or instruments of credit, the counterfeiting of stamps, dies, seals, and marks of the State, and of the administrative authorities, and the sale or circulation thereof. Embezzlement of public projDerty, committed within the juris- diction of either party by public officers or depositaries. Article 3'’''. The stipulations of this treaty shall not be applicable to crimes or offences of a political character ; and the person or persons delivered up charged with the crimes specified in the foregoing article shall not be prosecuted for any crime committed previously to that for which his or their extradition may be asked. Article If the person whose extradition may have been applied for in accordance with the stipulations of the present Treaty, shall have been arrested for offences committed in the country where he has sought refuge, or if he shall have been sentenced therefor, his extra- dition may be deferred until his acquittal, or the expiration of the term for which he shall have been sentenced. Article 5‘^. Requisitions for the extradition of fugitives from justice shall be made by the respective diplomatic agents of the contracting parties, or in case of the absence of these from the country or its capital, they may be made by superior Consular officers. If the person whose extradition is asked for shall have been convicted of a crime, the requisition must be accompanied by a copy of the sentence of the Court that has convicted him, authenticated under its seal, and an attestation of the official character of the judge who has signed it, made by the proper executive authority ; also by an authentication of the latter by the Minister or Consul of the United States or Ecuador respectively. On the contrary however, when the fugitive is merely charged with crime, a duly authenticated copy of the warrant for his arrest in the country where the crime has been committed, and of any evidence in writing upon which such warrent may have been issued, must accompany the aforesaid requisition. The Presi- dent of the United States or the proper executive authority of Ecua- dor, may then order the arrest of the fugitive, in order that he may 438 TREATIES, CONVENTIONS, ETC. be brought before the judicial authority, which is competent to exam- ine the question of extradition. If, then, according to the evidence and the law, it be decided that the extradition is due in conformity with this Treaty, the fugitive shall be delivered up, according to the forms prescribed in such cases. Article 6‘^. The expenses of the arrest, detention and transportation of persons claimed, shall be paid by the Government in whose name the requisi- tion shall have been made. Article This treaty shall continue in force for ten years (10) from the day of the exchange of ratifications, but in case neither party shall have given to the other one year’s (1) previous notice of its intention to terminate the same, then this Treatv shall continue in force for ten years (10) longer, and so on. The present Treaty shall be ratified, and the ratifications exchanged in the Capital of Ecuador, within two months from the day on which the session of the coming Congress of Ecuador shall terminate, which will be in October 1873. In testimony whereof the respective Plenipotentiaries have signed the present Treaty in duplicate, and have hereunto affixed their seals. Done in the city of Quito, Capital of the Kepublic of Ecuador, this twenty eight day of June one thousand eight hundred and seventy two. Rumsey Wing [seal.] Francisco Tavter Leon [seal.] 1893. Claims Convention — Julio R. Santos. Concluded Fehrum^ 28, 1893; ratifcation advised hy the Senate Septemher 11, 1893; ratified hy the President September 16, 1893; ratifvations exchanged November 6, 1891^; proclaimed November 7, 1891i. Articles. I. Claim to be arbiti-ated. II. Selection of arbitrator. III. Submission of case; evidence. IV. Award. V. Finality of award. VI. Expenses. VII. Ratification. The United States of America, and the Republic of Ecuador, being desirous of removing all questions of difference between them, and of maintaining their good relations, in a manner consonant to their just interests and dignity, have decided to conclude a conven- tion, and for that purpose have named as their respective Plenipo- tentiaries, to wit: ECUADOR 1893. 439 The President of the United States; Rowland Blennerhassett Mahany, Envoy Extraordinary and Minister Plenipotentiary of the United States to Ecuador ; and The President of Ecuador; Honorato Vazquez, Plenipotentiary ad hoc^ of that Republic; who, having communicated to each other their respective Full Powers, found in good and due form, have agreed upon the following articles : Article I. The two governments agree to refer to the decision of an arbitra- tor, to be designated in the manner hereinafter provided, the claim presented by the Government of the United States against that of the Republic of Ecuador, in behalf of Julio R. Santos, a native of Ecuador, and naturalized as a citizen of the United States in the year 1874; the said claim being for injuries to his person and prop- erty, growing out of his arrest and imprisonment by the authorities of Ecuador, and other acts of the said authorities in the years 1884 and 1885. Article II. 1. In order to secure the services of a competent and impartial arbitrator, it is agreed that the Government of Her Britannic Majesty be requested to authorize its diplomatic representative in Quito, to act in that capacity ; or in case of his absence from the country, that this permission be given his successor. 2. In case of the failure of the diplomatic representative of Her Britannic Majesty’s Government, or of the successor of the said representative, to act as such arbiter, then the said representative, or his successor, be requested to name an arbitrator who shall not be a citizen either of the United States or of Ecuador. 3. Any vacancy in the office of Arbitrator, to be filled in the same manner as the original appointment. Article III. 1. As soon as may be after the designation of the Arbitrator, not to exceed the period of ninety days, the written or printed case of each of the contracting parties, accompanied by the documents, the official correspondence and other evidence on which each relies, shall be delivered to the Arbitrator, and to the agent of the other party; and within ninety days after such delivery and exchange of the cases of the two parties, either party may, in like manner, deliver to the Arbitrator, and to the agent of the other side, a countercase to the documents and evidence presented by the other party, with such written or printed argument as may, by each, be deemed proper. And each government shall furnish upon the request of the other, or its agent, such papers in its possession as may be deemed important to the just determination of the claim. 2. Within the last named period of ninety days, the Arbitrator may also call for such evidence as he may deem proper, to be furnished within the same period; and shall also receive such oral and docu- mentary evidence as each government may offer. Each government 440 TKEATIES, CONVENTIONS, ETC. shall also furnish, upon the requisition of the Arbitrator, all docu- ments in its possession, which may be deemed by him as material to the just determination of the claim. 3. Within sixty days after the last mentioned period of ninety days, the Arbitrator shall render his opinions and decisions in writing, and certify the same to the two Governments. These decisions and opin- ions shall embrace the following points, to-wit : {a) Whether, according to the evidence adduced, Julio R. Santos, by his return to and residence in Ecuador, did or did not, under the provisions of the Treaty of Naturalization between the two Govern- ments, concluded May 6, 1872, forfeit his United States citizenship as to Ecuador, and resume the obligations of the latter country. (&) If he did not so forfeit his United States citizenship, whether or not it was shown by the evidence adduced, that Julio R. Santos has been guilty of such acts of unfriendliness and hostility to the Govern- ment of Ecuador, as, under the Law of Nations, deprived him of the consideration and protection due a neutral citizen of a friendly Nation. Article IV. 1. In case either one or the other of the points recited in clauses {a) and (6) of the last preceding article, should be decided in favor of the contention of the Government of Ecuador, said Government shall be held to no further responsibility to that of the United States for arrest, imprisonment, and other acts of the authorities of Ecuador towards Julio R. Santos, during the years 1884 and 1885. 2. On the other hand, should the Arbitrator decide the above recited points against the contention of Ecuador, he shall, after a careful examination of the evidence touching the injuries and losses to the person and property of the said Santos, which shall have been laid before him concerning the arrest and imprisonment of said Santos, and other acts of the authorities of Ecuador towards him, during the years 1884 and 1885, award such damages for said injuries and losses as may be just and equitable; which shall be certified to the two Governments and shall be final and conclusive. Article V. 1. Both Governments agree to treat the decisions of the Arbitrator and his award as final and conclusive. 2. Should a pecuniary indemnity be awarded, it shall be specified in the gold coin of the United States, and shall be paid to the Govern- ment thereof within sixty days after the beginning of the first session of the Congress of Ecuador, held subsequent to the rendition of the award, and the said award shall bear interest at six per centum from the date of its rendition. 3. The Government of Ecuador, however, reserves the right to pay, before the expiration of the above stated time, the whole amount to the Government of the United States, with interest at six per centum from the date of the announcement of the award till the date of the payment thereof. ECUADOR — 1893. 441 Article VI. 1. Each Government shall pay its own agent and counsel, if any, for the expenses of preparing and submitting its case to the Arbi- trator. 2. All other expenses, including reasonable compensation to the Secretary, if any, of the Arbitrator, shall be paid upon the certificates of the Arbitrator, by the two Governments in equal moieties. 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; by the Congress of Ecuador and by the President thereof; and the ratifications exchanged at Washington as soon as possible. In faith whereof, the Plenipotentiaries have signed and sealed this Convention in duplicate, in the City of Quito, this twenty eighth day of February, in the year of our Lord one thousand eight hundred and ninety three. [seal.] Kowland Blennerhassett Mahany [seal.] Honorato Vazquez The claim referred to in the foregoing treaty was duly submitted to an arbitrator, who awarded $40,000 in favor of the claimant. EGYPT. 1884. Commercial Agreement and Customs Regulations. Concluded at Cairo November IG, 1881^; ratification advised by the Senate March 18, 1885; ratified by the President May 7, 1885; pro- claimed May 7, 1885. The Undersigned, N. D. Comanos, Vice-Consul-General of the United States of America in Egypt, and His Excellency Nubar Pasha, President of the Council of Ministers, Minister of Foreign Affairs and of Justice of the Government of His Highness the Khe- dive of Egypt, duly authorized by their respective Governments, have held a conference this day on the subject of a Commercial Convention to be concluded between the Egyptian Government and the Foreign Powers, and have agreed to the following: The Government of the United States of America consents that the Regulations of the Egyptian customs applicable, in virtue of a Com- mercial and Customs Convention concluded on the 3rd of March, 1884, between the Hellenic Government and the Egyptian Govern- ment to the Hellenic subjects, vessels, commerce and navigation, may also be applied to the citizens of the United States, vessels, com- merce and navigation. Every right, privilege or immunity that the Egyptian Government now grants, or that it may grant in future, to the subjects or citizens, vessels, commerce and navigation of whatsoever other foreign power, shall be granted to citizens of the United States, vessels, commerce and navigation, who shall have the right to enjoy the same. The present agreement shall become operative immediately upon the consent of the Senate of the United States being given to the same. In testimony whereof, the undersigned have signed the present act and have affixed their seals. Done in Cairo, the sixteenth day of November Eighteen hundred and eighty-four. N. D. Comanos. [seal.] N. Nubar. [seal.] A CONVENTION RELATIVE TO COMMERCE AND CUSTOMS. Articles. I. Most favored nation clause. II. Prohibitions. III. Importations Into Egypt. IV. Egyptian customs duties. V. Goods excluded. VI. Firearms. VII. Reexportations. VIII. Drawbacks on reexported goods. IX. Egyptian export duties. 442 X. Effects of consular officers. XI. Shipping regulations. XII. Customs declarations. XIII. Customs officials. XIV. Fines and confiscations. XV. Administrative regulations. XVI. Duration. Additional article. — Taking effect of modified tariff. EGYPT — 1884. 443 ]_The following is a translation of the printed official French version of the Cotv- vention heteween the Hellenic Government and the Egyptian Government con- cluded March S, I88J1, the provisions of which have been made applicable to the United States by the foregoing Agreement.] A CONVENTION RELATIVE TO COMMERCE AND CUSTOMS. His Excellency Nubar Pasha, President of the Council of Ministers, Minister of Foreign Affairs of His Highness the Khedive, and Mr. Anasthasius Byzantios, Diplomatic Agent and Consul-General of Greece, having been duly authorized by their respective Governments, have agreed upon the following: Article I. Greek commerce in Egypt and Egyptian commerce in Greece shall be treated, as regards customs duties, both when goods are imported and exported, as the commerce of the most favored nation. Article II. No prohibitory measure shall be adopted in respect to the reciprocal import or export trade of the two countries, without being likewise extended to all other nations. It is nevertheless understood that this restriction shall not apply to such special measures as may be adopted by either country for the purpose of protecting itself against epizooty, phylloxera or any other scourge. Article III. The Egyptian Government pledges itself, with the exceptions men- tioned in article VI. hereinafter, not to prohibit the importation into Egypt of any article, the product of the soil and 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 regu- lated by a tariff which shall be prepared by commissioners appointed for this purpose by the two Governments. 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 goods in the port of discharge; the Egyptian Government, however, reserves the privilege of raising the duties on distilled beverages, wines and fancy articks ; but these duties shall, in no case, exceed the rate of 16 per cent, ad valorem. The Egyptian Government likewise reserves the right to reduce the duties on articles of prime necessity that are imported 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 regulations. 444 TREATIES, CONVENTIONS, ETC. Article V. Tobacco, in all its forms, and tombac, together with salt, natron, hashish and saltpeter are excluded from the stipulations of this con- vention. The Egyptian Government retains an absolute right in respect to these articles, the regime of which shall be applicable to Greek sub- jects on the same terms as to its own subjects. The Egyptian Government may institute, in warehouses or dwell- ings, any immediate search that it may deem necessary. A duplicate of the order of search shall be sent to the Greek consular officer, who may repair to the spot at once, if he think proper, although that formality shall not delay the search. xVeticle VI. By way of exception to the stipulations of article III., the importa- tion into Egypt of arms used in war (including fire-arms and side- arms) and munitions of war shall not be permitted. The above restriction does not apply to weapons used in hunting or for ornament or amusement, nor does it apply to gunpowder used in hunting; the importation of these articles shall form the subject of special regulations to be adopted by the Egyptian Government. Article VII. Goods imported into Egypt and re-exported within a period not ex- ceeding six months, shall be considered as goods in transit, and shall pay, as such, only a transit duty of one per cent., computed 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 regula- tions, for a period 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 reexported, 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 goods in transit, and the Egyptian custom-house shall return to the 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, shall pay an export duty of one per cent, ad valorem, com- puted on the value of the goods in the port of exportation. EGYPT — 1884. 445 For greater facility, these productions shall, as far as possible, be periodically taritfed, by mutual agreement, by the representatives of the merchants engaged in the export trade and the Egyptian customs authorities. Article X. Articles and personal effects belonging to Consuls-General and Con- suls not engaged in other than consular business, not performing other duties, not engaged in commercial or manufacturing business, and not owning or controlling real estate in Egypt, shall be exempt from any examination, both when imported and exjiorted, and likewise from the payment of duties. Article XI. Within thirty-six hours at most after the arrival of a vessel in an Egj'ptian roadstead or port, the captain or the agent of the owners shall deposit at the custom-house two copies of the manifest of cargo, certified by him to agree with the original. In like manner, cap- tains shall, before their departure from an 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 com- pared with them. If a A^essel 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 the Greek consular officer, as provided in article V. Any surplus or deficit that may be shown by the comparison of the manifest with the cargo shall furnish ground for the imposition of the fines provided for by the customs regulations w’hich shall be issued by the Egyptian Government. Article XII. Any custom-house operation in Egypt, either on arrival or de- parture, must be preceded by a declaration signed by the owner of the goods or his representative. The custom-house may, moreover, in case of dispute, require the presentation of all the documents that are to accompany any ship- ment of goods, such as invoices, letters, etc. Any refusal to make the declaration on arrival or departure, any delay in making the said declaration, or any excess or deficiency found to exist between the goods and the declaration shall furnish 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 officers, the officers of the A^essels belonging to the Egyptian postal-service, and the officers of national vessels, may board any sailing or steam-vessel of less than two hundred tons’ burden, be 446 TREATIES, CONVENTIONS, ETC. that vessel at anchor or tacking, at a distance not exceeding ten kilo- meters from the shore, without furnishing evidence of vis major, they may ascertain the nature of the cargo, seize any prohibited goods, and secure evidence of anv other infraction of the customs regula- tions. Article XIV. Any illicit importation of goods shall furnish ground for the con- fiscations and fines provided for by the Egyptian customs regulations. Decisions ordering confiscations and fines shall be, communicated, within the period fixed by law, to the Greek consular officer. Article XV. It is understood that this convention can in no wise impair the administrative rights of the two contracting Governments, and that they may enforce any regulations calculated to promote the efficiency of the service and the repression of fraud. Article XVI. The present convention shall be operative for seven years from the twentieth day of March, one thousand eight hundred and eighty-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 Article. The effect of the modifications in the present tariff which are pro- Auded for in article IV., shall be suspended until those modifications have been adopted by the other powers interested. In testimony wheerof, 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. X. XlJBAR. An. Byzantios. [Translation of a printed official French version of the customs regulations of Egypt, of April 2, 1884.] [Office of the director-general of Egyptian custom-houses.] CUSTOMS REGULATIONS. Title I. general provisions. Article I. Customs Boundary. The shore of the sea, and the frontiers touching the territories of the neighboring States, shall form the customs boundary. EGYPT — ^1884. 447 Article II. Zone of Surveillance. The warehousing and transportation of goods which have crossed the customs line shall be subject to the surveillance of the custom- house officers to a distance of two kilometers from the land frontier or from the sea shore, and likewise from both banks of the Suez Canal 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 is monopolized by the State, and tobacco or tombac not accompanied by a raftieh for circulation in the interior. For vessels, the zone of surveillance shall extend to a distance of ten kilometers from the shore. Caravans crossing the desert, and sus- pected of carrying on illicit trade, shall be subjected to examination and search by the custom-house officers. Article III. Passage across the customs boundary. Goods cannot cross the customs boundary during the night, that is to say between the setting and rising of the sun. 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 discharge, transship- ment or shipment shall be made without a special authorization, in writing, from the Collector of Customs. Article IV. No shipment, discharge or transshipment of goods shall take place without the previous authorization of the custom-house, or when no custom-house officers are present. 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 ves- sels, before having fully complied with the customs formalities rela- tive 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 or trans- shipment of goods to take place in the absence of the custom-house officers. In this case, he shall mention the fact in a note on the copy of the manifest. Article V. Of the permit to sail, otherwise known as the Tamhin. Captains, before their departure, must present at the custom-house the manifest of the goods on board of their vessels. Not until after this requirement has been complied with shall the custom-house authorize the port authorities to issue the tamkin. 448 TREATIES, CONVENTIONS, ETC. The custom-house shall be at liberty to cause a tamhin to be issued, even before the presentation of the manifest, to vessels represented by an agent in the port of departure, provided that such agent has deposited at the custom-house a written pledge to comply with this requirement within three days. Steam navigation companies may, with a view to enjoying this privilege, become responsible, once for all and by means of a notarial instrument, for any infractions that may be committed by captains having charge of their vessels. Article VI. Declarations. All custom-house operations must be preceded by a declaration signed by the owner of the goods or his representative. The custom-house shall consider the person holding the transporta- tion company’s order of delivery as the legitimate representative of the owner. (See Articles XIX. and XX.) Article VII. Search. As soon as the declaration has been presented at the custom-house, the goods shall be examined. The custom-house shall have the right to examine all packages, but the Collector may, according to circum- stances, if he think proper, exempt from examination those packages whose declared contents may not appear to him to be proper sub- jects for examination. Less than one package in ten shall not be examined. If, after one examination, and even after the payment of the duties, any further 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 offi- cers of the custom-house, in presence of the interested parties; the operation 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 absence of the interested party, proceed to open the packages, draw- ing up a report thereof. Goods not warehoused, either on account of their dimensions or of their cumbersome character, may be examined outside. Bags, letters and printed documents brought by the mails, either by land or sea, shall be exempt from examination, provided they are entered upon a regular way-bill. On the other hand, all postal packages shall be subjected to ex- amination ; when there is no suspicion of fraud, this examination shall be merely 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. EGYPT — 1884. 449 * Article VIII. Duties to he collected^ 'privilege^ and security of the Treasury. Import, export and transit duties shall be collected in accordance ■with existing treaties and conventions. Charges, moreover, shall be made for storage, warehousing, and porterage ; for wharfage, cranes, locks, tamkins, sealing of packages, raftiehs, keshfs, declarations, measuring, etc., according to special regulations. Payment of duties shall be made in cash, in gold or silver coin according to the tariff of the Government. No goods shall be delivered until the duties to which they are liable shall have been duly paid. Goods received at the custom-house, no matter what is their desti- nation, shall serve as security to the customs authorities, by way of privilege, for the payment of the duties, charges and 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 and from the payment of import and export duties: 1. Articles and personal effects belonging to His Highness the Khedive. 2. Articles and personal effects belonging to Consuls-General and Consuls not engaged in other than consular business. Effects and articles belonging to religious establishments of the various religious denominations, to convents, and charitable or edu- cational institutions, shall be exempt from import and 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 export duties, but shall be subject to examination and search: 1. Effects, household furniture, books and other articles for pri- vate use, belonging to persons who come to settle for the first time in the country. These articles shall, however, bear marks of having been used, under penalty of being subjected 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. 24449 — ^VOL 1 — 10 29 450- TKEATIES, CONVENTIONS, ETC. 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. All applications for free importation or exportation must be ad- dressed to the custom-house and the following particulars must be stated : 1. The nature of the articles. 2. Their value. 3. Their marks and numbers. 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 in- tended 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 siniply consigned to order, the custom-house 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 payment of export duties is ajiplied for. Article X. Goods taken from wrecked vessels. Goods from wrecked vessels shall be subjected to no duty if they are not intended for an Egyptian port, and they may be re-exported without payment of duties as soon as the formalities concerning the wreck have been complied with. Article XI. Permits to leave the custom-house and keshfs. After the custom-house formalities have been complied with and the duties paid, a permit to leave the custom-house shall be delivered to the broker who is to remove the goods from the custom-house. At the request of the importer, and on presentation of the receipt of the cashier of the custom-house, an accurate list, or keshf, of the goods on which duty has been paid, shall be delivered to the inter- ested party. The presentation of the keshf shall be indispensable for the free exportation of goods of foreign origin, and for the establishment of the right to the restitution of the difference between the import and the transit duties, if the re-exportation 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 keshf for goods of a perishable character. A keshf shall be delivered but once, and in case of its loss, it cannot be replaced. EGYPT — 1884. 451 Article XII. Importation of productions of Egyptian origin and exportation of productions of foreign origin. If a production of the country, after having been exported to a foreign country, is brought back to Egj'pt, it shall be liable to the payment of the import duty, established on foreign productions. In like manner, if a production of foreign origin be re-exported, it shall be subject to the export duty which is established on productions of the country, unless it be accompanied by a keshf clearly establish- ing its identity and the date when the import 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 restitution of the difference between the import duty and the transit duty may be claimed. In either case, however, the presentation of the keshf shall be indispensable, as provided in article XI. Article XIII. Removal of Goods from the Custom-House and Authorized Custom- 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 de- livery, issued by the captain or consignee of the vessel, or by the navigation company. Nevertheless, professional custom-house brokers shall not be al- lowed to remove goods arriving for the account of third parties, unless they fulfill the following conditions: 1. No custom-house broker shall carry on his business without hav- ing been authorized to do so by 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 applicant, the said certificate to be signed by two prominent mer- chants of well known respectability. 3. If the certificate is deemed sufficient, the authorization sjiall be granted, and a card of admission shall be delivered to the applicant. 4. If the recommendation is deemed insufficient, the customs authorities may require the candidate to deposit from 2,000 to 10,000 piasters, or to furnish security given by two merchants whose names are acceptable 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 reasons 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, according 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 contain a statement of the reasons for the adoption of such measure. 452 TREATIES, CONVENTIONS, ETC. T. Persons iiermaneiitly einpIo3^ed b\' third jiarties shall be liable to the same fines and penalties as professional custom-house brokers. Title II. IMPORTATION AND 'I’RANSPOKTATION OF GOODS FROM ONE CUSTOM-HOUSE TO ANOTHER. Article XIV. Presentation of goods at Frontier C ustom-Houses. Goods to be imported by land must be presented at the custom- house nearest to the frontier. 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 having them in charge shall provide themselves, at the first custom-house, with a certificate stating that the}^ have presented themselves there, 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 roadstead or port, the captain or agent of the owners shall deposit at the custom-house two copies of the manifest of cargo, certified by him to agree with the original. The original manifest must be pre- sented 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 accompanied by the clearance from that port, unless the vessel has been exempted from procuring that document according to Article V. If the Collector of Customs doubts the agreement of the statements made in the manifest with the cargo, the captain must give all the ex- planations and produce all the papers that may be deemed necessary. The storekeeper of the custom-house, after the discharge of the goods destined for the port of arrival, shall receipt therefor on the copy of the manifest. This copy shall afterwards be delivered to the interested partjv 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 ballast, shall not remain in the port of arrival, except for some reason EGYPT — 1884. 453 over which they have no control, for more than three weeks. During their entire stay they shall be under the surveillance of the custom- house. 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 appear to be valid. In default of authorization, the vessel must leave the port without delay, 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. Ajrticle XVT. Manifest of Importation. In the manifest the following particulars must be stated : The name of the vessel. The port whence she hails and those where she has called during her voyage. A succinct statement of the various kinds of goods of 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 correc- tions, 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 presented. Article XVII. Discharge of Cargo. A custom-house officer shall mark on one of the copies of the mani- fest, in presence of the captain of the vessel or his 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 desti- nation 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 454 TREATIES, CONVENTIONS, ETC, 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 discharged 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 may be granted to him in order to enable him to furnish such ex- planations. Article XVIII. Declarations. The declaration required by article VI shall be presented at the custom-house within eight days after the discharge of the cargo. That time having expired, a storage duty {ardieh) shall be col- lected on the goods, in accordance with the special regulations on this subject. The custom-house may require the exhibition of all papers that jiroperly accompany a shipment of goods, such as invoices, insurance policy, correspondence, etc. AVhen the owner of any goods requests it, he ma}" be authorized to examine the contents of packages received for his account before preparing a declaration thereof. After the declaration has been presented, it cannot be modified without a valid excuse, or without ah authorization, in writing, from the Collector of Customs. A permit to open packages for the purpose of examining their contents is given by the Collector of Customs, or by the Inspector in chief, who designates the officer who is to be present at the examination. Article XIX. Form of a Declaration. Declarations shall be made in writing according to forms printed by the custom-house. They shall state : 1. The Christian name, surname, nationality and domicile of the declarer. 2. The places where the goods are from, their origin and desti- nation, together with the name of the vessel which has transported them, or which is to transport them. 3. The kind of goods, their number, nature, marks, and the num- bers marked on the packages. 4. The value of the goods. If the value is not known to the declarer, the custom-house shall cause the same to be estimated by its appraisers. EGYPT 1884. 455 Article XX. Consequences of a Failure to f resent the Manifest or Declaration. A refusal to exhibit the manifest or other necessary papers, or any delay in so doing, shall give the custom-house the right to have the goods discharged at the expense and risk of the captain or owners, and to keep the goods in the warehouses of the custom-house. A refusal to present the declaration, or any delay in so doing, or a refusal to withdraw the goods within the space of six months from the day on which they were placed in the custom-house, shall give the customs authorities the right to sell them, in due form, at public auction, by giving a single notice to the owner, either directly, or by means of an advertisement inserted in a newspaper published in the nearest city or town. Perishable goods, such as liquids, fruits, etc., cannot remain in the custom-house any longer than their condition allows them to be kept. If they are not then withdrawn, the custom-house shall cause a state- ment to be drawn up of the failure to remove them in time, and shall sell them, without being obliged to summon the owner. The opening and sale of abandoned packages shall take place, in case of the absence of the interested parties, in the presence of the representatives of the consular or native authorities, according to the nationality of the interested party. If, after having been summoned, the representatives of said au- thorities fail to appear, a statement of such failure shall be pre- pared, and the goods shall be sold. The proceeds of the sales, after customs duties, storage, -fines and all other charges have been deducted, shall remain on deposit among the funds of the Customs Department and at the disposal of the owner. If said deposit is not claimed within three years, it shall be for- feited to the Customs Department. Until the sale has actually been consummated, the owner of the goods may withdraw them by paying the duties and all other charges, including those for auction and brokerage, if there are any. Article XXI. Shipments of Foreign Goods from one Custom-House to another. Packages of foreign goods which are to be sent from one custom- house to another before the duties have been paid, cannot be removed until after a declaration has been made. A detailed declaration is not necessary unless the packing of the goods is defective; such declaration may refer simply to the value of the goods if they have been properly packed. The packages must be accompanied by an elm-khaher ; they must, moreover, be placed under the guaranty of the seal of the custom- house. Packages whose value is less than thirty piasters, and goods which, owing to their nature, cannot be sealed, shall be exempted from sealing. In case of transportation by rail, the shipment shall take place under the supervision of the custom-house, which shall take out the 456 TREATIES, CONVENTIONS, ETC. bills of lading and send them to the customs authorities of the place of destination. The custom-house shall send the elm-khdber to the owner of the packages for inspection on their arrival. If the shipment takes place by any other land conveyance, the owner shall deposit the import duties, or give security for the amount of those duties. Goods of foreign origin, on which the duties have already been paid, and which shall be exported by sea to another Egyptian port, shall be subjected to no additional duty. The custom-house of the port from which the goods are shipped shall simply require the consumption duties to be deposited ; these shall be refunded to the interested party on presentation of a certifi- cate from the custom-house to which the goods are sent, showing that they have arrived. Article XXII. Discharge of the Elm-Khaber. On the arrival of the goods at the custom-house to which they have been sent, the party to whom they have been sent must, within seven days, declare their final destination, unless it is already stated in the elm-khaher, or he must withdraw the goods paying the duties thereon. If the goods are allowed to remain at the custom-house after the ex- piration of the time above specified, they shall be liable to the ardieh duty. On the .arrival of the goods, their identity shall be verified; if they are found to be in accordance with the statements made in the elm- khaher, a certificate of discharge shall be delivered to the party to whom they are sent ; if, on the other hand, the examination shows any differences, and if the packages bear marks of having been tampered with on the way, the certificate shall be refused, or shall bq given for such part of the goods only as may be found to accord with the state- ments made in the elm-khaher. A report shall be prepared stating the condition of the goods at the time of the examination. A certificate of discharge may be delivered for such packages as were not subjected, when shipped, to a thorough examination, but which, having been found to be well packed, were simply sealed ; this may be done, when they are found, on their arrival, to be intact, and to bear no marks of any alteration. The return of the certificate of discharge to the custom-house whence the shipment took place shall entitle the party to whom it was issued to have his deposit refunded, or his security shall be released in consequence thereof. Article XXIII. Exportation of Egyptian Goods from one Custom-House to another. Native goods, that is to say productions of the soil or industry of Egypt, that shall be conveyed hy sea to another Egyptian port, shall be subject to the following rules: 1. If these goods are to be sent to a maritime town which is subject to town-dues, and which has no custom-house, the shippers must de- EGYPT — 1884. 457 posit at the custom-house whence the shipment takes place a duty of eight per centum until a certificate shall have been presented showing that these productions have duly reached their destination. 2. If these goods are to be sent to a city not subject to town-dues, they must pay, when forwarded, a duty of eight per centum, ’which shall not be refunded. In the former case the goods are to be accompanied by an eZm- hhaber; in the latter they are to be accompanied by a raftieh. The elm-khaber shall be discharged on the arrival of the goods, in the manner provided in the foregoing article. Title IIL OF TRANSIT. Article XXIV. Goods in Transit. Goods that are to cross the territory shall be subject, as regards the written declaration and the examination, to the rules established for the entry of foreign goods subject to custom duties, and as regards shipment or forwarding, to the rules established for the transporta- tion of goods from one custom-house to another. After the examination of the goods in transit, an elm-khaber shall be delivered to the owner or shipper on payment of the transit duty established by the treaties and conventions, and on his depositing or furnishing security for a sum equal to the amount of the difference between the transit duty and the import duty. The custom-house shall state, in the elm-khaber.^ the time when the goods must be presented at the shipping office. This time may be fixed at ten days at least, and at six months at most, according to the distance that the goods may have to go. Packages in transit shall be subject to sealing. Article XXV. Discharge of the Transit Elm-Khaber. When the identity of the goods shipped in transit has been ascer- tained and they have been sent, the elm-khaber shall be viseed by the custom-house whence the goods are shipped. The presentation at the aforesaid custom-house of the viseed elm- khaber shall entitle the party who has made the deposit to the return thereof, or to the release of the security furnished by him. If, at the expiration of the time fixed by the elm-khaber., the dis- charge is not presented at the custom-house whence the goods were shipped the latter shall be considered as having been placed in the market, and the amount of the deposit shall be forfeited to the custom-house. If any security has been furnished, the Customs Department shall hold the party who furnished it to the payment of the duty guarantied. In case of the loss, duly proved, of the transit elm-khaber after hav- ing been viseed by the custom-house whence the goods were shipped. 458 TREATIES, CONVENTIONS, ETC. that custom-house shall be obliged to issue a certificate to take the place of the elm-khaber. In case of the total loss of the goods, dul}" proved, there shall be ground for the restitution of the sum deposited as security. Title IV. CONCERNING EXPORTATION. Article XXVI. M anifest. The manifest of exportation shall be presented at the custom- house of the port of departure according to the rules established in article V. Article XXVII. Declaration. Goods intended for exportation must be declared. The declaration shall take place according to the rules established in Articles XVIII. and XIX. The custom-house, after having examined the goods and collected the export duties, shall deliver, together with the receipt for said duties, a permit for shipment which shall be exhibited to the officer on guard in the port of exportation. The duties shall not be refunded, even if the exportation does not take place. Goods brought to the custom-house for exportation shall be subject to no ardieh duty during twenty-four hours; at the expiration of that time, they shall be subject to that duty, unless it has been impossible to ship them by reason of bad weather, or lack of means of transpor- tation, etc. Exemption from the payment of ardieh duties on acount of vis major.! shall, however, only be granted in the case of goods on which export duties have preAuously been paid. Titi.e V. CONCERNING CIRCULATION .\ND THE COAST TRADE. Article XXVIII. Shipping of Egyptian Goods. Egyptian goods that are sent by sea from one place to another in the territory shall retain their nationality provided that they have touched no foreign territory. If a vessel engaged in the coast trade shall touch, owing to vis major.! iri a foreign port, the goods shall not lose their nationality for that reason. EGYPT 1884. 459 Article XXIX. Seals to he affixed to jyackages. Packages conveyed by vessels engaged in the coastwise trade must be sealed if the custom-house requires it. Title VI. PROVISIONS RELATIVE TO SURVEILLANCE. Article XXX. Prohibition to put in where there is no custom-house. All vessels, no matter what may be their tonnage, are hereby for- bidden, except in case of vis major., to put in at any point where there is no custom-house. Article XXXI. Surveillance in the Suez Ship-G anal and at the Mouths of the Nile. In the Suez Ship-Canal and in the lakes which it crosses, as well as at the mouths of the Nile, it is forbidden to land or to communicate with the shore so as to be able to take in or discharge cargo without being observed by the custom-house officers, except in case of vis major. It shall be the duty of the custom-house officers to stop and search any sailing vessel that may appear suspicious, and to take it to the nearest custom-house, making a report of their proceedings. Article XXXII. Surveillance at Sea. Custom-house officers may, within a radius of ten kilometers from the shore, board vessels of less than two hundred torts’ burden, and demand the presentation of the manifest and other papers relating to the cargo. If a vessel bound to an Egyptian port has no manifest or shows any indications of fraudulent practices, the officers must accompany 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 statement^, 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, drawing up a report of their action. The custom-house 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. 460 TKEATIES, CONVENTIONS, ETC. If they find any goods on board whose importation or exportation is prohibited, they shall summarily confiscate the same, drawing up a report stating that the vessel has been found within the limits of the radius of surveillance, at anchor without any necessity thereof, or sailing in such a manner as was justified neither by its destination nor by a case of vis major. If the officers of the custom-house, those of the vessels engaged in the Egyptian postal-service or those of national vessels give chase to a vessel of less than two hundred tons’ burden, and if the latter re- fuses to allow them to board her, they shall hoist the flag and jiennant 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 se- rious 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. F.or 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 convenient custom-house, drawing up a report of the infraction committed by it. The aforesaid officers shall search no vessel of any kind that belongs to a foreign power; they shall confine themselves to watching 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 offender is, if that officer shall so request. Title VII. CONCERNING SMUGGLING. Article XXXIII. After any seizure for smuggling, the Collector of Customs and three or four of the principal custom-house officers, shall resolve themselves into a custom-house commission, and, after having investigated the case, they shall decide whether there is ground for confiscation and for the imposition of a fine. The goods may be confiscated, as well as all means of transporta- tion and all 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 offence, it may be increased to four times, and afterwards to six times that amount. The decision of the custom-house commission shall mention the date of the seizure, the circumstances under which it took place, 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- liuted to do so by him, shall, on the day on which it is made or the EGYPT 1884. 461 day following, be sent directly by the custom-house to the consular or native officer under Avhose jurisdiction the accused is. In default of objection made by the accused and communicated to the custom-house within fifteen days from the date of the delivery of the copy to the officer aforesaid, this decision shall become final, and no appeal therefrom shall be admissible. If the accused thinks proper to object, his objection shall be laid before the commercial court having jurisdiction in the case. 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 equal to the damage that he may have suffered in consequence of the seizure. If the objection is set aside, the accused shall be liable to a fine equal to ten per cent, of the value of the articles seized. An appeal cannot legally be taken unless the party shall have deposited the amount of the condemnations resulting from the judg- ment 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 shall be fixed according to circumstances, but which shall 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 and to the owners of the goods, jointly and severally. Article XXXV. In addition to ordinary cases of attempted smuggling, the follow- ing shall be considered as contraband, and shall be treated 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 with- out having been manifested, or those found on board of vessels whose burden 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. 462 TREATIES, CONVENTIONS, ETC. Goods found as above shall, however, not be considered as contra- band if proper evidence of vis major can be furnished. 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 beyond the customs bound- ary, and in such a manner as to be suspicious. 7. Foreign goods re-exported 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 departure, 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 case 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 repetition 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 keshf, raftieh or seal, shall likewise be considered as contraband, and shall be treated according to the same rules. Title VIII. CONCERNING INFRACTIONS. 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 captains of the vessels; the latter shall, moreover, be responsible for any infractions that may be committed by the crew. The goods and vessels shall serve as a guarantee for the. amount of the duties and fines, without prejudice to the provisions of article VIII., paragraph 6, 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 duly furnished 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 regailarly adopted, when such infraction is not included in one of the cases hereinafter provided for, shall be punished by a fine, the amount of which shall be fixed by the Collector of cus- toms. Such fine sliall not be less than one-half the amount of the duty, or more than six times the same amount, and, in cases not pro- EGYPT 1884. 463 vided 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 fines shall be independent of the duties pay- able according to the treaties, laws and re^dations. 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 be less than the amount 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 numbers as other packages mentioned in the manifest, those that are subject to the highest duty shall be considered as not manifested. For each package mentioned 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 state- ments contained 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 mani- fest, may be raised to five thousand Turkish piasters. Nevertheless, discrepancies in excess not exceeding ten per cent., and deficiencies not exceeding five per cent, shall entail no fines. Article XXXIX. For any difference in quantity, value, weight or quality between the written declaration and the goods presented for examination, a fine shall be collected which shall not be less than 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 dif- ferences in quantity, weight or value do not exceed five per cent. Article XL. Captains of vessels shall be liable to a fine of from one thousand to ten thousand Turkish piasters, in the following 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 officers to come on board. 3. If they shall sail or attempt to sail without permission from the cutsom-house. 4. If they shall violate any other provision of article XV. Always without prejudice to cases of contraband. The fine shall be from four hundred to two thousand Turkish pias- ters 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. 464 TREATIES, CONVENTIONS, ETC. 4. In case of a failure to present at the custom-house the raftieh or elm-khaber, which must accompany goods carried by vessels en- gaged 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. Article XLI. The fine shall be from one hundred to one thousand Turkish pias- ters in case the previous declaration provided for by articles VI., XVIII. and XXVII. of these regulations shall not have been made. Article XLII. 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 expiration of the period mentioned in the raftieh or elm-khaber^ with- out proper justification of the delay. 3. In case packages that have been examined and shipped in tran- sit, or that are bound to another custom-house, shall be tampered with on the outside. 4. In case of delay on the part of those who have furnished secu- rity in making the payments prescribed by article XXV., para- graph 3. Title IX. CONCERNING SEARCHES. Article XLIII. In case fraud is suspected, officers may search the houses or stores of private individuals. Such searches shall not, however, be made otherwise than in pur- suance 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 Government, and, in cities in which Municipalities are established, of a representative of the mu- nicipal 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. EGYPT 1884. 465 The interested party, or, in his absence, his representatives or do- mestics, shall be requested to sign the statement. Article XLIV. Folder provisions. All provisions at variance vrith those contained in the foregoing regulations are hereby repealed. The Egyptian Government may adopt, for the proper management of the service and for the repression of fraud, such other measures, similar to the foregoing, as may have been shown by experience to be desirable. A. Caillard, Director General of Custom-Hotises. Examined and approved : Mustapha Fehmy, Minister of Finance. Cairo, Aprril 2(f, 1884. Explanation of foreign terms employed in the Egyptian customs regulations. Ardieh: Storage duty. Elm^Klaber: A carefully prepared, detailed, and descriptive list. Eeshf: Invoice or list of goods. Raftieh: Receipt for payment of customs duties. Tamkin: Permit to sail. Fts major: A condition entirely beyond the control of the person concerned. 24449— VOL 1—10 30 ETHIOPIA. 1903. Treaty to Eegulate Commercial Relations. Signed December 27, 1903; ratification advised by the Senate March 12, 190 ratified by the President March 17, 190 If.; proclaimed September 30, 190If. Articles. I. Freedom to travel and transact business. II. Security of persons and property. III. Customs duties, imposts, jurisdic- tion. IV. Use of means of transportation. V. Representatives of Governments. VI. Duration. VII. Ratification. His Majesty Menelik II, King of Kings of Ethiopia, and the United States of America, having agreed to regulate the commercial relations between the two countries and develop them, and render them more and more advantageous to the two contracting Powers ; His Majesty Menelik II, King of Kings of Ethiopia, in the name of the Empire, and Robert P. Skinner, in the name of the United States of America, have agreed and stipulated that which follows : Article I. The citizens of the two Powers, like the citizens of other countries, shall be able freely to travel and to transact business throughout the extent of the territories of the two contracting Powers, while respect- ing the usages and submitting themselves to the tribunals of the coun- tries in which they may be located. Article II. In order to facilitate commercial relations, the two Governments .shall assure, throughout the extent of their respective territories, the security of those engaged in business therein, and of their property. Article III. The two contracting Governments shall reciprocally grant to all citizens of the United States of America and to the citizens of Ethiopia, all the advantages which they shall accord to other Powers in respect to customs duties, imposts and jurisdiction. 466 ETHIOPIA — 1903, 467 Article IV. Throughout the extent of the Ethiopian Empire, the citizens of the United States of America shall have the use of the telegraphs, posts and all other means of transportation upon the same terms as the citi- zens of other Powers. Article V. In order to perpetuate and strengthen the friendly relations which exists between Ethiopia and the United States of America, the two Governments agree to receive reciprocally, representatives acceptable to the two Governments. These representatives shall not however, be maintained at their posts, unless they are agreeable to the receiving Power, in such cases, they shall be replaced. Article VI. The duration of the present treaty shall be ten years. It is under- stood that at the expiration of these ten years the two Governments shall be able to modify all or any part of this treaty. The Govern- ment which shall request at that time the modihcation, shall make its proposal to the other Government one year before the expiration of the treaty. Article VII. The present treaty shall take effect if ratified by the Government of the United States, and if this ratification shall be notified to His Majesty Menelik II, King of Kings of Ethiopia, within the period of one year. His Majesty Menelik II King of Kings of Ethiopia, in the name of his Empire; Robert P. Skinner in virtue of his full powers, in the name of the United States of America, have signed the present treaty, written in double text, Amharic and French, and in identical terms. Done at Addis- Ababa, this seventeenth day of December, one thou- sand eight hundred and ninety-six in the year of grace (correspond- ing to December twenty-seventh, 1903). [Seal of Menelik II.] (Signed) Robert P. Skinner. FRAWJE. 1778.“^ Treaty of Amiti' aad Commerce. C oncl tided at Paris Fehruary 6, 1778; ratifi-ed l>y Congress May Ji, 1778. Articles. I. Amitj'. II. Most favored natiou privileges. III. Discriuiination iu duties iu the United States. IV. Discrimination in duties iu Prance. V. Particular exemption. VI. Protection to vessels of the United States. VI I. Protection to vessels of France. VIII. Treaties with Barbary Powers. IX. Fisheries. X. PTsheries on banks of New- foundland. XI. Droit d’aubaine. ; disposition of estates. XII. Nationality of vessels. XIII. Contraband goods. XIV. Enemy’s flag not to protect goods of neutrals. XV. Indemnity for injuries to vessels. XVI. Captures by pirates. XVII. Prizes. XVIII. Shipwrecks. XIX. Asylum to vessels. XX. Reciprocal treatment of citi- zens in war. XXI. Letters of marque. XXII. Privateers. XXIII. Privilege of neutrals to trade. XXIV. Contraband goods. XXV. Nationality of vessels. XXVI. Treatment of vessels. XXVII. Detention of vessels. XXVm. Visitation and search. XXIX. Consuls. XXX. Free ports. XXXI. Ratification. The Most Christian King, and the thirteen United States of North America, to wit. New Hampshire, iVIassachusetts Bay, Rhode Island, Connecticut, New York, 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 “By an act of Congress approved July 7, 179S, tbe treaties with France then in force were abrogated. * Federal cases: Glass v. Tbe Betsey (3 Dali., 6), Geyer v. Michel (3 Dali., 285), Moodle v. Tbe Phoebe Anne (3 Dali., 319), Chirac v. Chirac (2 Wheat., 259), Carneal r. Banks (10 Wheat., 181), British Consul v. The Favorite (Bee's Adm. Rep., 39), Stannick v. The Friendship (Bee's Adm. Rep., 40), Salderoudo V. The Nostra Signora del Camino (Bee’s Adm. Rep., 43), Williamson v. The Betsey (Bee’s Adm. Rep., 07), British Consul r. 'The Mermaid (Bee’s Adm. Rep., 09), Bolchos r. Slaves (Bee’s Adm. Rep., 74), Gray v. U. S. (21 Ct, Cls., 340), Hooper v. U, S. (22 Ct. Cls., 408), The Brig William (23 Ct. Cls., 201), The Venus (27 Ct. Cls., 116). 468 FRANCE 1778. 469 equality and reciprocity, and by carefully avoiding all those bur- thensome preferences which are usually sources of debate, embarrass- ment and discontent ; by leaving, also, each party at liberty to make, respecting commerce and navigation, those interior regulations which it shall find most convenient to itself; and by founding the advan- tage of commerce solely upon reciprocal utility and the just rules of free intercourse ; reserving withal to each party the liberty of admit- ting at its pleasure other nations to a participation of the same ad- vantages. 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, Royal Syndic of the city of Strasbourg, Secretary of His Majesty’s Council of State; and the United States, on their part, having fully impowered Benjamin Franklin, Deputy from the State of Pennsylvania to the General Congress, and President of the Convention of said State, Silas Deane, late Deputy from the State of Connecticut, to the said Con- gress, and Arthur Lee, Councellor at Law ; the said respective Pleni- potentiaries, after exchanging their powers, and after mature delib- eration, have concluded and agreed upon the following articles : Article I. There shall be a firm, inviolable and universal peace, and a true and sincere friendship between the Most Christian King, his heirs and successors, and the United States of America ; and the subjects of the Most Christian King and of the said States; and between the countries, islands, cities and towns situate under the jurisdiction of the Most Christian King and of the said United States, and the people and inhabitants of every degree, without exception of persons or places; and the terms hereinafter mentioned shall be perpetual between the Most Christian King, his heirs and successors, and the said United States. Article II. The Most Christian King and the United States engage mutually not to grant any particular favour to other nations, in respect of commerce and navigation, which shall not immediately become com- mon to the other party, who shall enjoy the same favour, freely, if the concession was freely made, or on allowing the same compensa- tion, if the concession was conditional. Article 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, of what nature soever they may be, or by what name soever called, than those which the nations most favoured are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and ex- emptions 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. 470 TREATIES, CONVENTIONS, ETC. Article IV. The subjects, people and inhabitants of the said United States, and each of them, shall not pay in the ports, havens, roads, isles, cities and places under the domination of Ilis Most Christian Majesty, in Europe, any other or greater duties or imposts, of what nature soever they niay 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, Avhich 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; unless 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 dut}^ 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 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 recover 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 j^rotection all vessels belonging to the subjects, people or inhabitants of the said United States, or any of them, and holding the same course, or going the same way, and shall defend such vessels, as long as they hold the same course or go the same way, against all attacks, force and vio- lence, in the same manner as they ought to protect and defend the vessels belonging to the subjects of the Most Christian King. Article VII. In like manner the said United States and their ships of war, sail- ing under their authority, shall protect and defend, conformable to the tenor of the preceding article, all the vessels and effects belong- ing to the subjects of the Most Christian King, and use all their en- deavours to recover and cause to be restored the said vessels and effects that shall have been taken within the jurisdiction of the said United States, or any of them. Article VIII. The Most Christian King will emiffoy his good offices and inter- position Avith the King or Emperor of Morocco or Fez, the regencies FRANCE 1778. 471 of Algier, Tunis, and Tripoli, or with any of them; and also with every other Prince, State or Power, of the coast of Barbary, in Africa, and the subjects of the said King, Emperor, States and Powers, and each of them, in order to provide as fully and effica- ciously as 230ssible for the benefit, conveniency and safety of the said United States, and each of them, their subjects, people and inhabi- tants, and their vessels and effects against all violence, insult, attacks or depredations on the part of the said Princes and States of Bar- bary, 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 hereafter hold; and in like manner the subjects, people and inhabitants of the said United States shall not fish in the havens, bays, creeks, roads, coasts or places which the Most Christian Iving possesses or shall here- after possess; and if any ship or vessel shall be found fishing con- trary to the tenor of this treaty, the said ship or vessel, with its lad- ing, 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 otlier nation. Article X. The United States, their citizens and inhabitants, shall never dis- turb the subjects of the Most Christian King in the enjoyment and exercise of the right of fishing on the banks of Newfoundland, nor in the indefinite and exclusive right Avhich belongs to them 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) Article XI. The subjects and inhabitants of the said United States, or any one of them, shall not be reputed auhains in France, and consequently shall be exempted from the droit d'^aubaine^ or other similar duty, (a) The two articles following were originally agreed to, but afterwards re- scinded, to wit : Article XI. It is agreed and concluded that there shall never be any duty imposed on the exportation of the melasses that may be taken by the subjects of any of the United States from the islands of America which belong or may hereafter appertain to His Most Christian Majesty. Article XII. In compensation of the exemption stipulated by the preceding article, it is agreed and concluded that there shall never be any duties imposed on the expor- 472 TREATIES, CONVENTIONS, ETC. under what name soever. They may by testament, donation or other- wise, dispose of their goods, moveable and immoveable, in favour of such persons as to them shall seem good, and their heirs, subjects of the said United States, residing whether in France or elsewhere, may succeed them ah intestate without being obliged to obtain letters of naturalization, and without having the effect of this concession con- tested or impeded under pretext of any rights or prerogative of prov- inces, cities or private persons; and the said heirs, whether such by particular title, or ah intestate 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 subjects of the Most Christian King shall enjoy on their part, in all the domin- ions of the said States, an entire and perfect reciprocity relative to the stipulations contained in the present article, but it is at the same time agreed that its contents shall not affect the laws made, or that may be made hereafter in France against emigrations which shall remain in all their force and vigour, and the United States on their tation of any kind of merchandize which the subjects of His Most Christian Majesty may take from the countries and possessions, present or future, of any of the thirteen United States, for the use of the islands which shall fur- nish melasses. Act of France rescinding the foregoing articles : [Translation.] The General Congress of the United States of North America, having repre- sented to the King that the execution of the eleventh article of the treaty of amity and commerce, signed the sixth of February last, might be productive of inconvenience; and having, therefore, desired the suppression of this article, consenting in return that the twelfth article shall likewise be considered of no effect : His Majesty, in order to give a new proof of his affection, as also of his desire to consolidate the union and good correspondence established between the two States, has been pleased to consider their representations : His Majesty has consequently declared, and does declare by these presents, that he consents to the suppression of the eleventh and twelfth articles aforementioned, and that his intention is that they be considered as haying 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 hundred and seventy-eight. Gravier de Vergennes. Act of the United States rescinding the foregoing articles : declaration. The Most Christian King having been pleased to regard the representations made to him by the General Congress of North America, relating to the eleventh article of the treaty of commerce, signed the sixth of February, in the present year; and His Majesty having, therefore, consented that the said article should be suppressed, on condition that the twelfth article of the same treaty be equally regarded as of none effect; the abovesaid General Congress hath de- clared on their part, and do declare, that they consent to the suppression of the eleventh and twelfth articles of the above-mentioned treaty, and that their intention is, that these articles be regarded as having never been comprised in •the treaty signed the, sixth of February. In faith whei’eof, &c., B. Franklin. Arthur Lee. John Adams. FRANCE 1778. 473 part, or any of them, shall be at liberty to enact such laws relative to that matter as to them shall seem proper. Article XII. The merchant ships of either of the parties which shall be making into a port belonging to the enemy of the other ally, and concerning whose voyage and the species of goods on board her there shall be just gi’ounds of suspicion, shall be obliged to exhibit, as well upon the high seas as in the ports and havens, not only her passports, but like- wise certificates, expressly shewing that her goods are not of the number of those which have been prohibited as contraband. Article XIII. If by the exhibiting of the abovesaid certificates the other party dis- coA’er there are any of those sorts of goods which are prohibited 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, cofi'ers, 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 Ignited States, unless the lading be brought on shore in the pres- ence of the officers of the court of admiralty, and an inventory thereof made; but there shall be no allowance to sell, exchange or alienate the same, in any manner, until after that due and lawful process shall have been had against such prohibited goods, and the court of ad- miralty shall by a sentence pronounced have confiscated the same; saving always as well the ship itself as any other goods found therein, which by this treaty are to be esteemed free, neither may they be detained on pretence of their being as it were infected by the pro- hibited goods, much less shall they be confiscated, as lawful prize ; but if not the whole cargo, but only part thereof, shall consist of pro- hibited or contraband goods, and the commancier 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 forth- with discharge the ship, and not hinder her by any means freely to prosecute the voj^age on which she was bound. But in case the con- traband merchandises cannot be all received on board the vessel of the captor, then the captor may, notwithstanding the offer of delivering him the contraband goods, carry the vessel into the nearest port agreeable to what is above directed. Article XIV. On the contrary, it is agreed that whatever shall be found to be laden by the subjects and inhabitants of either party on any ship belonging to the enemys of the other, or to their subjects, the whole, although it be not of the sort of prohibited goods, 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 declara- tion of war, or even after such declaration, if so be it were done with- out 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 474 TREATIES, CONVEKTIONS, ETC. are 2:>i‘ohibited or otherwise, which, as is aforesaid, were jsut on board any ship belonging to an enemy before the war or after the declaration of the same, without the knowledge of it, shall no ways be liable to confiscation, but shall well and truely be restored without delay to the proprietors demanding the same ; but so as that if the said merchan- dizes be contraband, it shall not be any ways lawful to carry them afterwards to any ports belonging to the enemy. The two contract- ing jiarties agree, that the term of two months being jiassed after the declaration of war, their respective subjects, from whatever part of the world they come, shall not jilead the ignorance mentioned 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 injui’y by the men-of-war or privateers of the other party, all the commanders of the ships of His Most Christian Majesty and of the said United States, and all their subjects and inhabitants, shall be forbid doing any injury or damage to the other side; and if they act to the con- trary, they shall be punished, and shall moreover be bound to make satisfaction for all matter of damage, and the interest thereof, by reparation, under the pain and obligation of their jierson and goods. Article XVI. All shijis and merchandizes, of what nature soever, which shall be rescued out of the hands of any pirates or robbers on the 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 projirietor, as soon as due and sufficient proof shall be made concerning the projDertv thereof. Article XVII. It shall be lawful for the ships of war of either party, and priva- teers, freely to carry whithersoever the}^ please the ships and goods taken from their enemies, without being obliged to 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 jiorts of either jiarty ; nor shall the searchers or other officers of those jilaces search the same, or make examination concerning the lawfulness of such prizes, but they may hoist sail at an}^ time, and depart and carry their jirizes to the places expressed in their commissions, which the com- manders of such ships of war shall be obliged to show ; on the con- trary, no shelter or refuge shall be given in their ports to such as shall have made prize of the subjects, people or property of either of the parties; but if such shall come in, being forced by stress of weather, or the danger of the sea, all jiroper means shall be vigorously used that they go out and retire from thence as soon as possible. Article XVIII. If any shiji belonging to either of the parties, their people or sub- jects, shall, within the coasts or dominions of the other, stick upon the FKANCE 1778. 475 sands, or be wrecked, or, suffer any other damage, all friendly assist- ance* 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 countr3^ Article 'XIX. In case the subjects and inhabitants of either party, with their ship- ping, whether publick and of war, or private and of merchants, be forced, 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 enjo}'^ all friendly protection and help; and the}-^ shall be permitted to refresh and provide themselves, at reasonable rates, with victuals and all things needful for the sustenance of their persons or reparation of their ships, and conveniency of their voyage ; and they shall no ways be detained or hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance. Article XX. For the better promoting of commerce on both sides, it is agreed that if a war shall break out between the said two nations, six months after the proclamation of war shall be allowed to the merchants in the cities 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. No subjects of the Most Christian King 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 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 Prince or State with which the said United States shall be at war; nor shall any citizen, subject or inhabitant of the said United States, or any of them, apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the subjects of the Most Christian King, or any of them, or the property of any of them, from any Prince or State with which the said King shall be at war; and if any person of either nation shall take such commissions or letters of marque, he shall be punished as a pirate. Article XXII. It shall not be lawful for any foreign privateers, not belonging to subjects of the Most Christian King nor citizens of the said United States, who have commissions from any other Prince or State in 476 TREATIES, CONVENTIONS, ETC. enmity with either nation, to fit their ships in the ports of either the one or the other of the aforesaid jiarties, to sell what they have t^iken, or in any other manner whatsoever to exchange their ships, merchan- dises or any other lading; neither shall they be allowed even to pur- chase victuals, except such as shall be necessary for their going to the next jDort of that Prince or State from which they have commis- sions. Article XXIII. It shall be lawful for all and singular the subjects of the Most Christian King, and the citizens, people and inhabitants of the said United States, to sail with their ships with all manner 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 and merchandizes afore- mentioned, and to trade with the same libert}^ and security from the places, 23orts and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the jilaces of the enemy aforementioned to neutral places, but also from one jihice belonging to an enemy to another jilace belonging to an enemy, whether they be under the jurisdiction of the same Prince or under several. And it is hereby stijDulated that free shij^s shall also give a freedom to goods, and that everything shall be deemed to be free and exemjjt which shall be found on board the shijDS belonging to the subjects of either of the confederates, although the whole lading or any jiart thereof should a2if)ertain to the enemies of either, contraband goods being always excejited. It is also agreed in like manner that the same liberty be extended to per- sons who are on board a free ship, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are soldiers and in actual service of the enemies. Article XXIV. This liberty of navigation and commerce shall extend to all kinds of merchandizes, excepting those only which are distinguished by the name of contraband.; and under this name of contraband or pro- hibited goods shall be comprehended arms, great guns, bombs with the fuzes, and other things belonging to them, cannonball, gunjiowder, match, pikes, swords, lances, spears, halberds, mortars, iietards, gra- nades, saltpetre, muskets, musket -ball, bucklers, helmets, breast-iilates, 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 jirohibited goods; that is to say, all sorts of cloths, and all other manufactures woven of any wool, flax, silk, cotton or any other materials whatever ; all kinds of wearing apparel, together with the species whereof they are used to be made ; gold and silver, as well coined as uncoined, tin, iron, latten, copper, brass, coals; as also wheat and barley, and any other kind of corn and pulse; tobacco, and likewise all manner of spices; salted and FRANCE 1778. 477 smoked flesh, salted fish, cheese and butter, beer, oils, wines, sugars, and all sorts of salts ; and in general all provisions which serve for the nourishment of mankind and the sustenance of life ; furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail-cloths, anchors and any parts of anchors, also shij)s’ 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 prejoared 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 merchandizes and things which are not comprehended and par- ticularly mentioned in the foregoing enumeration of contraband goods ; so that they may be transported and carried in the freest man- ner by the subjects of both confederates, even to places belonging to an enemy, such towns or places being only excepted as are at that time besieged, blocked up, or invested. Article XXV. To the end that all manner of dissentions and quarrels may be avoided and prevented, on one side and the other, it is agreed that in case either of the parties hereto should be engaged in war, the ships and vessels belonging to the subjects or people of the other ally must be furnished with sea-letters or passports, expressing the name, prop- erty 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 accord- ing to the form annexed to this treaty ; they shall likewise 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 person 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 coming upon any coasts belonging to either of the said allies, but not willing to enter into port, or being entered into port and not willing to unload their cargoes or break bulk, they shall be treated according to the general rules prescribed or to be prescribed relative to the object in question. Article XXVII. If the ships of the said subjects, people or inhabitants of either of 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 any privateers, the said 478 TREATIES, CONVENTIONS, ETC. ships of war or privateers, 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 commander of such ship or vessel shall exhibit his passport concerning the prop- erty of the ship, made out according to the form inserted in this pres- ent treaty, and the ship, when she shall have showed such passport, shall be free and at liberty to- pursue her voyage, so as it shall not be lawful to molest or search her in any manner, or to give her chase or force her to quit her intended course. Article XXVIII. It is also agreed that all goods, when once put on board the ships or vessels of either of the two contracting parties, shall be subject to no farther visitation ; but all visitation or search shall be made before- hand, and all prohibited goods shall be stopped on the spot, before the same be put on board, unless there are manifest tokens or proofs of fraudulent practice; nor shall either the persons or goods of the subjects of His Most Christian Majesty or the United States be put under any arrest or molested by any other kind of embargo for that cause; and only the subject of that State to whom the said goods have been or shall be prohibited, and who shall presume to sell or alienate such sort of goods, shall be duly punished for the offence. Article XXIX. The two contracting parties grant mutually the liberty of having each in the ports of the other Consuls, Vice-Consuls, Agents, and Commissiaries, whose functions shall be regulated by a particular 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 ports, where they may bring and dispose of all the produce and merchandize of the thirteen United States; and His Majesty will also continue 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 space of six months, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the above articles, both in the French and English languages, declaring, nevertheless, that the present treaty was originally composed and concluded in the French language, and they have thereto affixed their seals. FBANCE — IT’TS. 479 Done*at Paris this sixth day of February, one thousand seven hun- dred and seventy-eight. [seal.] C. a. Gerard, [seal.] B. Franklin, [seal.] Silas Deane, [seal.] Arthur Lee. annex to the treaty of amity and commerce between the UNITED STATES AND FRANCE OF FEBRUARY 6, 1778. Form of the passports and letters, which are to be given to the ships and barks, according to the twenty-seventh article of this treaty. To all Avho shall see these presents greeting: It is hereby made known that leave and permission has been given to mas- ter 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 ; after that his ship has been visited and before sailing he shall make oath before the officers who have the jurisdiction 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 (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. . 1778.“ Treaty of Alliance. Concluded at Paris February 6,1778; ratif ed by Congress May 1778. Articles. I. Alliance against Great Britain. II. Independence of the United States. III. Efforts to be made against Great Britain. IV. Concurrent operations. V. Conquests to belong to United States. VI. Relinquishment of territory by France. VII. Conquests to belong to France. VIII. Islands in Gulf of Mexico. IX. Renunciation of claims. X. Powers invited to accede to alli- ance. XI. Proprietary rights. XII. Duration. XIII. Ratification. The Most Christian King and the United States of North America, to wit : New Hampshire, Massachusetts Bay, Rhodes Island, Connecti- “ This treaty was abrogated by act of Congress of July 7, 1798. 480 TKEATIES, COlSrVEXTIONS, ETC. cut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Vir- ginia, North Carolina, South Carolina, and Georgia, having this day concluded a treaty of amity and commerce, for the reciprocal advan- tage of their subjects and citizens, have thought it necessary to take into consideration the means of strengthening those engagements, and of rendering them useful to the safety and tranquility of the two parties; particularly in case Great Britain, in resentment of that connection and of the good correspondence which is the object of the said treaty, should break the peace with France, either by direct hostilities, or by 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 councils and efforts against the enterprises of their common enemy, the respective Plenipotentiaries impowered to concert the clauses and conditions proper to fulfil the said intentions, have, after the most mature deliberation, concluded and determined on the following articles: Article I. If war should break out between France and Great Britain during the continuance of the present war between the United States and England, His Majesty and the said United States 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 conjunc- tures, as becomes good and faithful allies. Article II. The essential and direct end of the present defensive alliance is to maintain effectually the liberty, sovereignty, and independance abso- lute and unlimited, of the said United States, as well in matters of government as of commerce. Article III. The two contracting parties shall each on its own part, and in the manner it may judge most proper, make all the efforts in its power against their common enemy, in order to attain the end proposed. Article IV. 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 desired, shall readily, and with good faith, join to act, in concert for that purpose, as far as circumstances and its own particular situation will permit; and in that case, they shall regulate, by a particular convention, the quantity and kind of succour to be furnished, and the time and manner of its being brought into action, as well as the advantages which are to be its compensation. FRANCE 1778. 481 Article V. If the United States should think fit to attempt the reduction of the British power, remaining in the northern parts of America, or the islands of Bermudas, those countries or islands, in case of success, shall be confederated with or dependant upon the said United States. Article VI. The Most Christian King renounces forever the possession of the islands of Bermudas, as well as of any part of the continent of North America, which before the treaty of Paris in 1763, or in virtue of that treaty, were acknowledged to belong to the Crown of Great Britain, or to the United States, heretofore called British Colonies, or which are at this time, or have lately been under the power of the King and Crown of Great Britain. Article VII. If His Most Christian Majesty shall think proper to attack any of the islands situated in the Gulph of Mexico, or near that Gulph, which are at present under the power of Great Britain, all the said isles, in case of success, shall appertain to the Crown of France. Article VIII. Neither of the two parties shall conclude either truce or peace with Great Britain without the formal consent of the other first obtained ; and they mutually engage not to lay down their arms until the inde- pendence of the United States shall have been formally or tacitly assured by the treaty or treaties that shall terminate 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 treaty of alliance, according to its own power and circumstances, there shall be no after claim of compensation on one side or the other, whatever may be the event of the war. Article X. The Most Christian King and the United States agree to invite or admit other powers who may have received injuries from England, to make common cause with them, and to accede to the present alli- ance, under such conditions as shall be freely agreed to and settled between all the parties. Article XI. The two parties guarantee mutually from the present time and for- ever against all other powers, to wit : The United States to His Most Christian Majesty, the present possessions of the Crown of France in America, as well as those which it may acquire by the future treaty of peace: And His Most Christian Majesty guarantees on his part to the United States their liberty, sovereignty and independence, abso- 24440— VOL 1— 10 31 482 TREATIES, CONVENTIOKS, ETC. lute and unlimited, as well in matters of government as commerce, and also their possessions, and the additions or conquests that their con- federation 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 Cth 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 of a rupture between France and England the reciprocal guarantee de- clared in the said article shall have its full force and etl'ect the moment such war shall break out; and if such rupture shall not take place, the mutual obligations of the said guarantee shall not commence 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 sooner if possible. In faith whereof the respective Plenipotentiaries, to wit; On the part of the Most Christian King, Conrad Alexander Gerard, Koyal Syndic of the city of Strasbourg!!, 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 Pennsyl- vania, and President of the Convention of the same State, Silas Deane, heretofore Deputy from the State of Connecticut, and Arthur Lee, Councellor at Law, have signed 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 hereunto affixed their seals. Done at Paris, this sixth day of February, one thousand seven hun- dred and seventy-eight. [seal.] C. a. Gerard. [seal.] B. Franklin. [seal.] Silas Deane. [seal.] Arthur Lee. ITTS." Act Separate and Secret Reserving Right of King of Spain to Agree to the Foregoing Treaties. Concluded Fehruary 6, 1778; ratified hy the Continental Congress May 4, 1778, ratifications exchanged at Paris July 17, 1778. The most Christian King declared in consequence of the intimate union which subsists between him and the King of Spain, that in Abrogated by Act of Congress July 7, 1798. FRANCE — 1778-1182. 483 concluding with the United States of America this treaty of amity and commerce, and that of eventual and defensive alliance, his Majesty hath intended, and intends, to reserve expressly, as he re- serves by this present 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, nevertheless, that if any of the stipulations of the said treatys are not agreeable to the King of Spain, His Catholick Majesty may propose other conditions analogous to the principal aim of the alliance and conformable to the rules of equality, reci- procity and friendship. The Deputies of the United States, in the name of their constitu- ents, 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 conformable 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 PlenijDotentiary of the United States. In faith whereof the respective Plenipotentiaries have signed the the present separate and secret article, and affixed to the same their seals. Done at Paris this sixth day of February, one thousand seven hun- dred and seventy-eight. [seal.] C. a. Gerard. [seal.] B. Franklin. [seal.] Silas Deane. [seal.] Arthur Lee, Deputy^ Plenipotentiary for France and 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. Articles. I. Amount of loans. II. Repayment of loans. III. Abatement of interest. IV. Interest to diminish. V. Foreign loans acknowledged. VI. Engagement to repay Holland. VII. Agreement of the United States to pay. VIII. Interest on the loan to Holland. 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 484 TKEATIES, CONVENTIONS, ETC. had for several years groaned; and His Majesty, after entering into a treaty of amity and commerce with the said Confederated Prov- inces, on the 6th of February, 1778, having had the goodness to sup- port 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 state this matter in such a way as for the future to prevent all difficulties capable of interrupt- ing the good harmony which his Majesty is resolved to maintain and preserve between him and the said United States. For executing so laudable a purpose, and with a view to strengthen the bands of amity and commerce which subsist between His Majesty and the said United States; we, Charles Gravier de Vergennes, &c., Counsellor of the King, in all his councils, Commander of his Orders, Minister and Secretary of State, and of his commands and finances, vested with full powers of His Majesty to us given for this purpose: and we, Benjamin Franklin, Minister Plenipotentiary of the United States of North America, in like manner vested with full powers of the Congress of the said States for the present purpose; after duly com- municating 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, 1782, amount to the sum of eighteen million of livres, money of France, according to the following twenty-one receipts of the above mentioned under written Minister of Congress, given in virtue of his full powers, to wit : 1, 28 February, 1778 750,000 2, 19 May, ditto 759, 000 3, 3 August, ditto 750, 000 4, 1 November, ditto 750, 000 - ■ - - 3, 000, 000 5, 10 June, 1779 250, 000 6, 16 September, ditto 250,000 7, 4 October, ditto 250, 000 8, 21 December, ditto 250, 000 ^ 1,000,000 9, 29 February, 1780 750,000 10, 23 May, ditto 750, 000 11, 21 June, ditto 750,000 12, 5 October, ditto 750, 000 13, 27 November, ditto 1, 000, 000 4, 000, 000 14. 15 February, 1781 750, 000 15. 15 May, ditto 750, 000 16. 15 August, ditto 750, 000 17, 1 August, ditto 1, 000, 000 18. 15 November, ditto 750, 000 4, 000, 000 FKANCE 1’782. 48 5 19, 10 April, 1782 1,500,000 20, 1 July, ditto 1, 500, 000 21, 5 of the same month 3, 000, 000 6, 000, 000 Amounting in the whole to 18 millions, viz 18, 000, 000 By which receipts the said Minister has promised, in the name of Congress, 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 grand banker at Paris, the said sum of eighteen millions, money of France, with interest at 5 per cent, per annum. Article II. Considering that the payment of so large a capital at the one stipu- lated period, the 1st of January, 1788, may greatly injure the 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 which the Minister of Congress has given for the eighteen million livres tournois, mentioned in the foregoing article, and has consented that the payment of the capital in ready money, at the royal treasury, be in twelve equal payments of 1,500,000 livres each, and in twelve years only, to commence from the third year after a peace. Article III. Although the receipts of the Minister of the Congress of the United States specify that the eighteen million of livres above mentioned are to be paid at the royal treasury, with interest at five per cent, per annum. His Majesty being willing to give the said United States a new proof of his affection and friendship, has been pleased to make a present of, and to forgive the whole arrears of interest to this day, and from thence to the date of the treaty of peace ; a favor which the Minister of the Congress of the United" States acknowledges to flow from the pure bounty of the King, and which he accepts in the name of the said United States with profound and lively acknowledgments. Article IV. The payment of the said eighteen millions of livres tournois shall be in ready money at the royal treasury of His Majesty at Paris, in twelve equal parts, and at the terms stipulated in the above second article. The interest of the said sum, at five per cent, per annum, shall commence with the date of the treaty of peace, and shall be paid at every period of the partial payments of the capital, and shall diininish 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. 486 TREATIES, CONVENTIONS, ETC. Article V. Although the loan of five millions of florins of Holland, agreed to by the States General of the United Provinces of the Netherlands, on the terms of the obligations passed on the 5th of November, 1781, between His Majesty and the said States General, has been made in His Majesty’s name, and guaranteed 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. Article -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 the general counter of the States General of the Netherlands, the capital of the said loan, with the interest at four per cent, per annum, without any charge or deduction whatever to the lenders, so that the said capital shall be wholly repaid after the space of five j’ears, 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 afterivards from year to year to the final payment of the said sum ; but it is in like manner acknowl- edged 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 Congress, and on behalf of the thirteen United States, to cause to be reimbursed 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 of the loan of five millions of Holland florins above mentioned, shall be reimbursed, and paid in ready money at the 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 affection 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 jiresent 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. FKANCE — 1782-1783. 487 Article VIII. With regard to the interest of the said loan during the five years preceding the first term of payment of the capital, as the King has engaged to pay it at the general counter of the States General of the Netherlands, at the rate of four per cent, 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 5th of Novem- ber 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 faithful observance of this contract, the ratifications of which shall be exchanged in the space of nine months from this day, or sooner if possible. In testimony whereof we, the said Plenipotentiaries of His Most Christian Majesty, and of the thirteen United States of North America, in virtue of our respective powers, have signed these pres- ents, and thereunto fixed the seal of our arms. Done at Versailles the 16th day of July, one thousand seven hun- dred and eighty-two. [seal.] Gravier de Vergennes. [seal.] B. Franklin. 1783. Contract for a New Loan of Six Million Livres from His Most Christian Majesty and for the Payment of Old Loans. Concluded February 25^ 1783,’ rati-fied by the Continental Congress October 31, 1783. Articles. I. Payment. II. Periods for reimbursements. III. Manner of refund. IV. Interest. V. Interest. VI. Ratification. The re-established peace between the belligerent Powers, the advan- tages of a free commerce to all parts of the globe, and the independ- ence of the thirteen United States of North 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 necessities by means of the resources within themselves without being compelled to implore the continuation of the succours which the King has so liberally granted during the war : But the Minister Plenipoten- tiary 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 considera- tion the request made by the aforesaid Minister, in the name of the 488 TREATIES, CONVENTIONS, ETC. 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, not- withstanding the no less pressing necessities of his own service, to grant to Congress a new pecuniaiw 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 accejitance 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 Majesty’s royal treasury at Paris, after the manner of what has been stipulatecl for the preceding advances, by a former contract 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 Royal Council of Finances, Counsellor of State, &c.. Minister and Secretary of State and of his commands and finances, invested with full powers by His Majesty, given to us for 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 following articles : Article I. The payment of the six millions 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 treasurv, 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. Article II. For better understanding the fixing of periods for the reimbursement of the six millions at the ro^yal treasurv, 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 distinguish 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 hundi’ed 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- FRANCE 1783. 489 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 North America, under the engagement of the King to refund the cajDital, with interest at four per cent, per annum, at the general counter of the States General of the United Provinces of the Nether- lands, 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 Congress, and in behalf of the thirteen United States, to reimburse the ten millions of said loan in ready money at the royal treasury, with interest at four per cent, per annum, in ten equal por- tions oi 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 condi- tions expressed in the contract of the 16th July, 1782. In the third class are comprehended the aids and subsidies fur- nished to the Congress of the United States, under the title of gratu- itous assistance, 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 amount in the whole to nine millions livres tournois. His Majesty here confirms, in case of need, the gratuitous gift to the Congress of the said thirteen United States. Article III. The new loan of six millions livres tournois, the subject of the pres- ent contract, shall be refunded and reimbursed in ready money at His Majesty’s royal treasury, in six equal portions of a million each, with 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. Article IV. The interest of five per cent, per annum of the capital of the six millions, mentioned in the preceding article, shall begin to be reck- oned 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 Jan- uary, 1785, and so on from year to year, until the definitive reimburse- ment of the capital; His Majesty being pleased, by a new act of generosity, to present and remit to the thirteen United States the par- tial 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 490 TREATIES, CONVENTIONS, ETC. article ; Congress and the United States reserving, however, the lib- erty of freeing themselves, by anticipated payments, should the state of their finances admit. Article VI. The contracting parties will reciprocally guaranty the faithful ob- servation of the foregoing articles; the ratifications of which shall be exchanged in the sjiace 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 Xorth 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.] Gravier de Vergennes. [seal.] B. Franklin. 1788.“ Convention Defining and Establishing the Functions and Privileges of Consuls and Vice-Consuls. C oncluded November llf., 1788; ratifications exchanged at Paris Janv- ary 6, 1790, although the certificate of the exchange was dated January 1, 1790. Articles. 1. Exequaturs. II. Privileges of consuls. III. Consular agents. IV. Chancery. V. Powers and duties of consuls. VI. Declarations from captains. VII. Shipwreck. VIII. Vessels. IX. Deserters. X. Crimes. XI. Criminal taking refuge. XII. Disputes between citizens. XIII. Tribunals for decision of com- mercial affairs. XIV. Exemption from personal serv- ice. XV. Most favored nation. XVI. Duration ; ratiflcation. 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 having in their respective States and ports. Consuls, Vice-Consuls, Agents and Commissaries, and being willing, in consequence thereof, to define and establish, in a reciprocal and permanent manner, the functions and privileges of Consuls and Vice-Consuls, which they have judged it convenient to establish of preference. His Most Christian Majesty has nominated the Sieur Count of Montmorin, of St. Herent, Marechal of his Camps and Armies, Knight of his Orders and of the GTilden Fleece, his Counsellor in all his Councils, Minister and Sec- retary of State, and of his Commandments and Finances, having the Department of Foreign Affairs; and the United States have nom- Abrogated by Act of July 7, 1798. U. S. v, Laurence (3 Dal., 42). FRANCE 1788. 491 inated the Sieur Thomas Jefferson, citizen of the United States of America, and their Minister Plenipotentiary near the King; who, after having communicated to each other their respective full powers, 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 commissions according to the forms which shall be established respectively by the Most Christian King within his dominions, and by the Congress within the United States. There shall be delivered to them, Avithout any charges, the exequatur necessary for the exercise of their func- tions; and on exhibiting the said exequatur, the Governors, Com- manders, Heads of Justice, Bodies Corporate, Tribunals and other officers having authority in the ports and places of their consulates, shall cause them to enjoy immediately, and without difficulty, the pre-eminences, authority, and privileges reciprocally granted, with- out exacting from the said Consuls and Vice-Consuls any fee, under any pretext whatever. Article II. The Consuls and Vice-Consuls, and persons attached to their func- tions; that is to say, their Chancellors and Secretaries, shall enjoy a full and entire immunity for their chancery, and +he papers Avhich shall be therein contained. They shall be exempt from all personal 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 imposed 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 im- positions 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 necessity shall require. These agents may be chosen among the merchants, either national or foreign, and furnished Avith 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, Avithout the said agents otherwise participating in the immunities, rights and privileges at- tributed to Consuls and Vice-Consuls, and without power, under any pretext Avhatever, to exact from the said merchants any duty or emolument whatsoever. 492 TREATIES, CONVENTIONS, ETC. Article IV. The Consuls and Vice-Consuls respectively may establish a chan- cery, where shall be deposited the consular determinations, acts and proceedings, as also testaments, obligations, contracts and other acts done by or between persons of their nation, and effects left by de- ceased persons, or saved from shipwreck. They may consequently appoint fit persons to act in the said chancery, receive and swear them in, commit to them the custody of the seal, and authoritj’' to seal commissions, sentences and other consular acts, and also to discharge the functions of notar}^ and register of the consulate. Article V. The Consuls and Vice-Consuls respectively shall have the exclusive right of receiving in their chancery, or on board of vessels, the decla- rations and all the other acts which the captains, masters, crews, pas- sengers, 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 testamentarv 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 consulate; 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 officer, 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 have caused to be paid all debts which the de- ceased 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 jiroceed 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 not 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 them- selves. 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 published within their consulate, and that they shall retain the said effects 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. FRANCE 1788. 493 Article VI. The Consuls and Vice-Consuls respectively shall receive the declara- tions, protests and reports of all captains and masters of their respec- tive nation on account of average losses sustained 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 tribunals of the country, and not by the. Consuls or Vice Consuls; but when only the subjects or citizens of their own nation shall be interested, the respective Consuls or Vice-Consuls shall appoint skillful persons to settle the damages and average. Article 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 ves- sels of the United Stares shall be stranded on the coasts of the domin- ions 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 appur- tenances, as for the storing and the security of the effects and merchan- dize saved. He may take an inventory of them, without the inter- meddling of any officers of the military, of the customs, of justice or of the police of the country, otherwise 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 shipwreck, it is agreed that when there shall be no Consul or Vice-Consul to attend to the saving of the wreck, or that the residence of the said Consul or Vice-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 pre- cautions 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 proceedings, 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 merchandize and effects saved shall be deposited in the nearest custom-house, or other place of safety, with the inventory thereof, 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 merchandize 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 purpose of re-exporting such mechandize, in which case they shall pay no kind of duty of exportation, or for that of selling them in the country, if they be not prohibited there, and in this last case the said merchandise, if they be 494 TREATIES, CONVENTIOKS, ETC. damaged, shall be allowed an abatement of entrance duties, propor- tioned 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 all the vessels of their respective nations, and shall have on board the said vessels all power and jurisdiction in civil matters, in all the disputes which may there arise; they shall have an entire inspection over the said vessels, their crew, and the changes and substitutions 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 cap- tains, officers, mariners, sailors and all other persons being part of the crews of the vessels of their respective nations, who shall have de- serted 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 themselves to the courts, judges and offi- cers competent, and shall demand the said deserters in writing, prov- ing 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. In cases where the respective subjects or citizens shall have com- mitted any crime, or breach of the peace, they shall be amenable to the judges of the country. Article XI. Vlien the said offenders shall be a part of the crew of a vessel of their nation, and shall have withdrawn themselves on board the said vessel, they may be there seized and arrested by order of the judges of the country. These shall give notice thereof to the Consul or Vice- Consul, wlio may repair on board if he thinks proper; but this notifi- cation 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 hai^e been notified thereof; and they FRANCE 1788. 495 shall be delivered to him, if he requires it, to be put again on board of the vessel on which they were arrested, or of others of their nation,, and to be sent out of the country. Article XII. All differences and suits between the subjects of the Most Christian King in the United States, or between the citizens of the United States within the dominions of the Most Christian King, and par- ticularly all disputes relative to the wages and terms of engagement of the crews of the respective vessels, and all differences, of whatever nature they be, which may arise between the privates of the said crews, or between any of them and their captains, or between the captains of different vessels of their nation, shall be determined by the respective Consuls and Vice-Consuls, either by a reference 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 consular 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 particular tribu- nals and forms for expediting the decision of commercial affairs, the merchants of the United States shall enjoy the benefit of these estab- lishments; and the Congress of the United States will provide in the manner the most conformable to its laws for the establishment of equivalent advantages in favour of the French merchants, for the prompt despatch and decision of affairs of the same nature. Article XIV. The subjects of the Most Christian King, and the citizens of the United States who shall prove by legal evidence that they are of the said nations respectively, shall in consequence enjoy an exemp- tion 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 preemi- nences, powers, authority and privileges, the Consuls and Vice- Consuls of the Most Christian King, or of the United States, re- ciprocally shall participate therein, agreeable to the terms stipu- lated 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 ratifi- 496 TREATIES, CONVENTIONS, ETC. 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 present convention, and have thereto set the seal of our arms. Done at Versailles the fourteenth of November, one thousand seven hundred and eighty-eight. [seal.] L. C. De Montworin. [seal.] Th: Jefferson. 1800 « Convention of Peace Commerce and Navigation. Concluded September 30^ 1800; ratifications exchanged at Pans, July 31, 1801 ; proclaimed December 21, 1801. Articles. I. Amity. II. Former treaties. III. Captured ships. IV. Captured property. V. Prosecution of debts.' VI. Freedom of commerce and navi- gation. VII. Property rights. VIII. Reciprocal treatment of citizens. IX. Confiscation of debts. X. Commercial agents. XI. Discrimination in duties. XII. Neutral vessels: blockade. XIII. Contraband. XIV. Free ships, free goods. XV. Enemy’s flag over neutral goods. XVI. Nationality of vessels. XVII. Neutral ships. XVIII. Visitation and search. XIX. Neutral vessels under convoy. XX. Capture of neutral vessels. XXI. Officers of neutral vessels. XXII. Prize courts. XXIII. Indemnification for damages. XXIV. Admission of prizes to ports. XXV. Privateers. XXVI. Pirates. XXVII. Fisheries; ratification. Senate resolution. 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 respectfully appointed their Plenipo- tentiaries, and given them full power to treat upon those differences, and to terminate the same; that is to say, the Premier Comsul 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 France 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 Plenipotentiaries, Oliver Ells- worth, Chief Justice of the United States; William Eichardson “This treaty, expired by its own limitations July 31. 1S09. Federal cases: U. S. V. The I’eggv (1 Cranch. 103), Chirac f. Chirac (2 Wheat.. 259), De Geofrov v. Riggs (133 U. S., 258), Gray v. U. S. (’21 Ct. Cls., 340), Cushing v. V. S. (22 Ct. Cls., 1), Hooper r. U. S. (22 Ct. Cls., 40S), The Schooner Jane (23 Ct. Cls., 226), The Ship Tom (29 Ct. Cls., 68). FRANCE 1800. 497 Davie, late Governor of the State of North Carolina ; and William Vans Murray, Minister Resident of the United States at the Hague; who, after having exchanged their full powers, and after full and mature discussion of the respective interests, have agreed on the following articles: Article I. There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between the French Republic and the United States of America, and between their respective countries, territories, cities, towns, and people, without exception of person or places. Article II.® The Ministers Plenipotentiary of the two jiarties not being able to agree at present respecting the treaty of alliance of Cth February, 1778, the treaty of amity and commerce of the same date, 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, or which may be taken before the exchange of ratifications, shall be restored. Article IV. Property captured, and not yet definitively condemned, or which may be captured before the exchange of ratifications, (contraband goods destined to an enemy’s port excepted,) shall be mutually re- stored 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 : 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 , of the town of , burthen tons, or thereabouts, 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 jurisdiction 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 “ This article was expunged before the final ratification of the treaty, and the following article was added : “ It Is agreed that the present convention 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. 24449— VOL 1—10 32 498 TREATIES, CONVENTIONS, ETC. 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 Republic 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 num- ber of voyages the said ship may have made, unless she shall have returned home within the space of a year. Proof with respect to the cargo shall be certificates, containing the several particulars of the cargo, the place whence the ship sailed and whither she is bound, so that the forbidden and contraband goods may be distinguished by the certificates; which certificates shall have been made out by the officers of the place whence the ship set sail, in the accustomed form of the country. And if such passport or certificates, or both, shall have been destroyed by accident or taken away by force, their de- ficiency 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 signature, any property shall be condemned contrary to the intent of the said con- vention, before the knowledge of this stipulation shall be obtained, the property so condemned shall, without delay, be restored or paid for. Article V. The debts contracted by one of the two nations with individuals of the other, or by the individuals of one with the individuals of the other, shall be paid, or the payment may be prosecuted, in the same manner as if there had been no misunderstanding between the two States. But this clause shall not extend to indemnities claimed on account of captures or confiscations. Ar'itcle VI. Commerce between the parties shall be free. The vessels of the two nations and their privateers, as well as their prizes, shall be treated in their respective ports as those of the nation the most favoured; and, in general, the two parties shall enjoy in the ports of each other, in regard to commerce and navigation, the privileges of the most favoured nation. Article VII. The citizens and inhabitants of the United States shall be at liberty to dispose by testament, donation, or otherwise, of their goods, move- FRANCE 1800. 499 able and immoveable, holdeii in the territorj^ of the French Republic in Europe, and the citizens of the French Republic shall have the same liberty with regard to goods, moveable and immoveable, holden in the territory of the United States, in favor of such persons as they shall think proper. The citizens and inhabitants of either of the two countries who shall be heirs of goods, moveable or immoveable, in the other, shall be able to succeed ab intestate, without being obliged to obtain letters of naturalization, and without having the effect of this provision contested or impeded, under any pretext whatever; and the said heirs, whether such by particular title, or ab intestate, shall be exempt from any duty whatever in both countries. It is agreed that this article shall in no manner derogate from the laws which either State may now have in force, or hereafter may enact, to prevent emigration ; and also that in case the laws of either of the two States should restrain strangers from the exercise of the rights of property with respect to real estate, such real estate may be sold, or otherwise disposed of, to citizens or inhabitants of the country where it may be, and the other nation shall be at liberty to enact similar laws. Article VIII. To favor commerce on both sides it is agreed that, in case a war should break out between the two nations, which God forbid, the term of six months after the declaration of war shall be allowed to the merchants and other citizens and inhabitants respectively, on one side and the other, during which time they shall be at liberty to with- draw themselves, with tfeir effects and moveables, which they shall be at liberty to carry, send away, or sell, as they please, without the least obstruction ; nor shall their effects, much less their persons, be seized during such term of six months; on the contrary, passports, which shall be valid for a time necessary for their return, shall be given to them for their vessels and the effects which they shall be willing to send away or carry with them ; and such passports shall be a safe conduct against all insults and prizes which privateers may attempt against their persons and effects. And if anything be taken from them, or any injury done to them or their effects, by one of the parties, their citizens or inhabitants, within the term above pre- scribed, full satisfaction shall be made to them on that account. Article IX. Neither the debts due from individuals of the one nation to indi- viduals of the other, nor shares, nor monies, which they may have in public funds, or in the public or private banks, shall ever, in any event of war or of national difference, be sequestered or confiscated. Article X. It shall be free for the two contracting parties to appoint com- mercial agents for the protection of trade, to reside in France and the United States. Either party may except such place as may be thought proper from the residence of those agents. Before any agent shall exercise his functions, he shall be accepted in the usual forms by the party to whom he is sent ; and when he shall have been accepted and 500 TREATIES, CONVENTIONS, ETC. furnished with his exequatur, he shall enjoy the rights and j^reroga- tives of the similar agents of the most favoured nations. Article XI. The citizens of the French Eepublic shall pay in the ports, havens, roads, countries, islands, cities, and towns of the United States, no other or greater duties or imposts, of what nature soever they may be. or by what name soever called, than those which the nation most favoured 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 State to another, or in going to and from the same from and to any jiart of the world, which the said nations do or shall enjoy. And the citizens of the United States shall reciprocally enjoy, in the terri- tories of the French Republic in Europe, the same privileges and immunities, as well for their property and persons as for what con- cerns trade, navigation, and commerce. Article XII. It shall be lawful for the citizens of either countr}^ to sail with their ships and merchandise (contraband goods always excepted) from any port whatever to any port of the enemy of the other, and to sail and trade with their ships and merchandise, 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 disturb- ance 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 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, blockaded, or invested, it is agreed that every vessel so cir- cumstanced 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 con- fiscated, 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. Xor shall any vessel of either that may have entered into such port or place before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor if found therein after the reduction and surrender of such place shall such vessel or her cargo be liable to confiscation, but thev shall be restored to the owners thereof. Article XIII. In order to regulate what shall be deemed contraband of war, there shall be comprised, under that denomination, gun-powder, saltpetre, petards, match, ball, bombs, grenades, carcasses, pikes, halberts, swords, belts, pistols, holsters, cavalry-saddles and furniture, cannon, FRANCE 1800. 501 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 con- fiscation; 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 jDrohibited 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 to be free and exempt which shall be found on board the ships belonging to the citizens of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either, contraband goods being always excepted. It is also agreed, in like manner, that the same 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 by the citizens of either party on any ship belonging to the enemies of the other, or their citizens, shall be confiscated without distinction of goods, contraband or not contraband, in the. same man- ner as if it belonged to the enemy, except such goods and merchan- dizes 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 citizens of either party, whether they be of the nature of such as are prohibited, or other- wise, 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 Avell and truly be restored without delay to the proprietors demanding the same; but so as that if the said merchandizes be contraband, it shall not be any ways lawful to carry them afterwards to any ports belonging to the enemy. The two contracting parties agree that the term of two months being passed after the declaration of war, their respective 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 con- tracting parties, which shall be bound to a port of the enemy of one of the parties, and concerning whose voyage and the articles of their cargo there shall be just grounds of suspicion, shall be obliged to exhibit, as well upon the high seas as in the ports or roads, not only their passports, but likewise their certificates, showing that their goods are not of the quality of those which are specified to be contra- band in the thirteenth article of the present convention. 502 TREATIES, CONVENTIONS, ETC. 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 ships of the neu- tral 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 passports above mentioned, but also with certificates similar to those described in the same article, so that it may be known whether they carry any contraband goods. No other paper shall be required, any usage or ordinance to the contrary notwithstanding. And if it shall not appear from the said certificates that there are contraband goods on board, the ships shall be permitted to proceed on their vo3"age. 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 shall be at liberty to pursue its voyage, unless the quantity of 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 b}’' 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 per- mitted to proceed on her voyage. If the master of a ship named in the passport should happen to die, or be removed by any other cause, and another put in his place, the ship and cargo shall nevertheless be equally secure, and the passport remain in full force. Article XVIII. If the ships of the citizens of either of the parties shall be met with, either sailing along the coasts or on the high seas, by any ship of war or privateer of the other, for the avoiding of anj^ disorder the said ships of war or jirivateers 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 pass- port concerning the property' of the ship, made out according to the form prescribed in the fourth article. And it is expressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his papers, or for any other examination whatever. Article XIX. It is expressly agreed by the contracting parties that the stipula- tions above mentioned, relative to the conduct to be observed on the FRANCE 1800. 603 sea by the cruisers of the belligerent party towards the ships of the neutral 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 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 respec- tive cruisers as fully sufficient, the two parties reciprocally engaging not to admit, under the protection of their convoys, ships which shall carry contraband goods destined to an enemy. Article XX. In all cases where vessels shall be captured or detained, under pre- tence of carrying to the enemy contraband goods, the captor shall give a receipt for such of the papers of the vessel as he shall retain, which receipt shall be annexed to a descriptive 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. Article XXI. And 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 siqiercargo of any captured ship from on 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 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, and mate five hundred dol- lars each, ancl for the sailors and passengers one hundred dollars each. Article XXII. It is further agreed that in all cases the established courts for prize causes, in the country to which the prizes may be conducted, shall alone take cognizance of them. And whenever such tribunal of either of the parties shall pronounce judgment against any vessel or goods, or property claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives on which the same shall have been founded, and an authenticated copy of the sen- tence of decree, and of all the proceedings in the case, shall, if de- manded, be delivered to the commander or agent of the said vessel, Avithout any delay, he paying the legal fees for the same. 504 TKEATIES, CONVENTIONS, ETC. Article XXIII. And that more abundant care may be taken for the securit}'’ of the respective citizens of the contracting parties, and to prevent their suffering injuries by the men-of-var or privateers of either party, all commanders of ships of war and privateers, 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 con- trary 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 com- petent judge, sufficient security by at least two responsible sureties who have no interest in the said privateer, each of whom, together with the said commander, shall be jointly and severally bound iii the sum of seven thousand dollars or thirty-six thousand eight hun- dred 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 officers, or men, or any of them, may do or commit during their cruise, contrary to the tenor of this convention, or to the laws and instructions for regulating their conduct; and further, that in all cases of aggression the said commission shall be revoked and annidled. Article XXIV. VTien 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 commissions, which the commanders of such ships of war shall be obliged to shew. It is always under- stood that the stipulations of this article shall not extend beyond the privileges of the most favored nation. Article XXV. It shall not be lawful for an}’ 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 nation, to sell their prizes, or in any manner to exchange them ; neither shall they be allowed to purchase provisions, except such as shall be necessary for their going to the next port of that Prince or State from which they have received their commissions. Article XXVI. It is further agreed that both the said contracting parties shall not only refuse to receive aii}^ pirates into any of their ports, havens, or FRANCE 1800. 505 towns, or permit any of their inhabitants to receive, protect, harbor, conceal, or assist them in any manner, but will bring to condigm pun- ishment all such inhabitants as shall be guilty of such acts or offenses. And all their ships, with the goods or merchandises, 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 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. Xeither 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 Newfoundland, 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, if possible. In faith whereof the respective Plenipotentiaries have signed the above articles both in the French and English languages, and they have thereto affixed their seals : declaring, nevertheless, that the sign- ing in the two languages shall not be brought into precedent, nor in any way operate to the prejudice of either party. Done at Paris the eighth day of Vendemiaire of the ninth year of the French Eepublic, the thirtieth day of September, anno Domini eighteen hundred. [seal.] J. Bonaparte. [seal.] C. P. Fleurieu. [seal.] POEDERER. [seal.] 0. Ellsworth. [seal.] W. R. Davie. [seal.] 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 convention : Provided., The second article be expunged, and that the following article be aclded or inserted : “ It is agreed that the present convention shall be in force for the term of eight years from the time of the exchange of the ratifications.” Bonaparte, First Consul, in the name of the French people, con- sented on the 31st July, 1801, “to accept, ratify, and confirm the above convention, with the addition importing that the convention shall be in force for the space of eight years, and with the retrench- ment of the second article : Provided., That by this retrenchment the two States renounce the respective pretensions, wdiich are the object of the said article.” These ratifications having been exchanged at Paris on the 31st of July, 1801, -were again submitted to the Senate of the United States, ■which on the 19th of December, 1801, declared the convention fully ratified, and returned it to the President for promulgation.] 506 TREATIES, CONVENTIONS, ETC. 1800. Preliminary and Secret Treaty between the French Republick AND HIS C. M. THE KiNG OF SpAIN, RELATING TO THE AGGRANDIZE- MENT OF H. R. H. THE Infant Duke of Parma in Italy, and to THE RECESSION OF LOUISIANA. (See Art. I, treaty 1803.) His Catholick Majesty having always manifested the most anxious desire to procure for his R. H. the Duke of Parma an aggrandizement, which might place him on a footing corresponding with his dignity; and the French Republick having long since given to H. C. M. the King of Spain to understand the desire which they felt to recover possession of the colony of Louisiana ; both governments having inter- changed their views upon these two subjects of common interest, and circumstances permitting them to enter into engagements in this par- ticular, which as far as it depends on them, may assure reciprocal satisfaction, have authorized for this purpose, that is to sa}" : the French Republic, the citizen Alexander Berthier, general in chief; and his C. M. don Mariano Luis de Urquijo, Chevalier of the Order of Charles III, and of St. John of Jerusalem, Counsellor of State, his Envoy Extraordinary and Plenipotentiary near the Batavian Republick, and his provisional first Secretary of State; who, after having exchanged their powers, have agreed, saving the ratification, upon the following articles : Article I. The French Republick engages to procure for H. R. H. the Infant Duke of Parma an augmentation of territory which shall raise the population of his estates to one million of inhabitants with the title of King, and all the rights annexed to the royal dignity; and to this effect the French Republick engages to obtain the consent of H. M. the Emperor and King, and of the other states interested, so that H. R. H. the Infant Duke of Parma may without opposition enter into possession of the said territories, at the time of the confirmation of jieace between the Erench Rejiublick and his Imperial Majesty. Article II. The augumentation to be given to H. R. H. the Duke of Parma maj'^ consist of Tuscany, in case the present negotiations of the French government with H. I. Majesty shall permit them to dispose of that country, or of the three Roman ecclesiastical provinces, or any other continental provinces of Italy, that may form a rounded estate. Article III. H. C. M. promises and engages on his part to recede to the French Republick, six months after the full and entire execution of the con- ditions and stipulations herein expressed, relative to H. R. H. the Duke of Parma, the colony or province of Louisiana, with the same extent that it now has in the hands of Spain, and had while in the possession of France, and such as it ought to hein conformity with the treaties subsequently concluded between Spain and other states. See Treaty 1S03, i>. 508. FRANCE — 1800. 507 Article IV. H. C. M. will give the necessary orders for the occupation of Lou- isiana by France, the moment the estates designed for his aggrandize- ment shall be placed in the hands of H. R. H. the Duke of Parma. The French may, according to its convenience, defer the taking pos- session ; and when this is to be done, the states directly or indirectly interested shall agree upon the ulterior conditions which their common interests and that of their inhabitants may demand. Article V. H. C. M. engages to deliver to the F rench Republick in the ports of Spain in Europe, one month after the execution of the stipulation with regard to the Duke of Parma, six ships of war in good condition, of seventy four guns, armed and equipped, and in a state to receive the French crews and supplies. Article VI. The stipulations of the present treaty having no prejudicial object ; but on the contrary preserving untouched the rights of every one, it is not to be presumed, they can excite the suspicions of any power. But if the contrary should happen, and the result of their execution should be that the two states are attacked or threatened, both powers engage to make a common cause, as well to repel aggression, as also to take those conciliatory measures proper to maintain peace with all their neighbours. Article VII. The obligations contained in the present treaty, in nothing annul those which are expressed in the treaty of alliance signed at St. Ilde- fonso, on the 2d Fructidor, year 4, (18th of August, 1796;) on the contrary they unite with new ties the interests of the two powers, and confirm the stipulations of the treaty of alliance in all the cases to which they can be applied. Article VIII. The ratifications of the present preliminary articles shall be com- pleted and exchanged in the period of one month, or sooner if possi- ble, counting from the date of the signing of the present treaty. In faith of which, we, the undersigned, ministers plenipotentiary of the French Republick, and of H. C. M. by virtue of our respective powers, have signed the present preliminary articles, and have affixed our seals. Done at St. Ildefonso, the 9th Vendimiaire, 9th year of the French Republick, (1st October, 1800.) (Signed) (Signed) Alexander Berthier, Mariano Luis de Urquijo. 508 TREATIES, CONVENTIONS, ETC. 1803. Treaty for the Cession of Louisiana.® Concluded April 30, 1803; raiif cation advised hy the Senate October 20, 1803; ratified by the President October 21, 1803; rcdifications exchanged October 21, 1803; proclaimed October 21, 1803. Articles. I. Cession of the colony of Louisiana. II. Extent of cession. III. Citizenship to inhabitants. IV. Transfer of territory. V. Assumption of possession. VI. Treaties with Indians. VII. Privileges to French and Spanish ships. VIII. Most favored nation clause. IX. Approval of other conventions. X. Ratification. The President of the United States of America, and the First Con- sul of the French Republic in the name of the French People desir- ing to remove all source of misunderstanding relative to objects of discussion mentioned in the second and fifth articles of the Conven- tion of the jgQ ^plembmASOO *0 the rights claimed by the United States in virtue of the Treaty concluded at Madrid the 27 of October 1795, between His Catholic Majesty, & the said United States, & willing to strengthen the union and friendship which at the time of the said Convention was happily reestablished between the two na- tions have respectively named their Plenipotentiaries to wit the Presi- dent of the United States, b,y and with the advice and consent of the Senate of the said States; Robert R. Livingston Minister Plenipo- tentiary of the United States and James Monroe Minister Pleni- potentiar}^ and Envoy extraordinary of the said States near the Gov- ernment of the French Republic; And the First Consul in the name of the French people. Citizen Francis Barbe Marbois INIinister of the public treasury who after having respectively exchanged their full powers, have agreed to the following Articles. — Article I AYhereas by the Article the third of the Treaty concluded at St. Idelfonso the jpt 2800^^^ First Consul of the French Republic and his Catholic Majesty it was agreed as follows. — “ His Catholic Majesty promises and engages on his part to cede to “the French Republic six months after the full and entire execution “Federal cases: Foster v. Neilson (2 Pet., 253); Soulard r. Lh S. (4 Pet., 511) ; Delassus v. V. .S. (9 Pet.. 117) ; New Orleans v. De Armas (9 Pet., 224) ; Smith V. U. S. (10 Pet., 326) ; New Orleans v. U. S. (10 Pet., 662) ; Strother v. Lucas (12 Pet., 410) : Garcia v. Lee (12 Pet., 511) ; Keene v. IVhitaker (14 Pet., 170) ; Chouteau v. Eckhart (2 How., 344) ; Pollard v. Hagan (3 How., 212) ; McDonogh v. Millaudou (3 How., 693) ; U. S. v. King (3 How., 773) ; U. S. v. Reynes (9 How., 127) ; Davis r. Police Jury of Concordia (9 How., 280) ; U. S. v. D’Auterive (10 How., 609) ; U. S. r. Philadelphia and New Orleans (11 How., 609) : V. S. v. Turner (11 How., 663) ; IT. S. v. Lynde's Heirs (11 Wall., 632) ; Slidell V. Grand.iean (111 U. S., 412) ; Brvan r. Keunett (113 U. S., 179) ; Josephs V. IT. S. (1 Ct. CIS., 197; 2 Ct. Cls., 5S6) ; Gray v. U. S. (21 Ct. Cls. 340) ; The Ship Tom (29 Ct. Cls., 68) ; Iowa v. Rood (187 U. S., S7). FRANCE 1803. 509 “ of the conditions and stipulations herein relative to his Royal High- “ ness the Duke of Parma, the Colony or Province of Louisiana with “ the same extent that it now has in the hands of Spain, & that it had “when France possessed it; and such as it should be after the Trea- “ties subsequently entered into between S^Dain and other States.”® And whereas in pursuance of the Treaty and particularly of the third article the French Republic has an incontestible title to the domain and to the possession of the said Territory — The First Consul of the French Republic 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 Republic forever and in full sovereignty the said territory with all its rights and appurtenances as fully and in the same manner as they have been acquired by the French Repub- lic in virtue of the above mentioned Treaty concluded with his Cath- olic Majesty. Art: II In the cession made by the preceding article are included the adja- cent Islands belonging to Louisiana all public lots and squares, vacant lands and all public buildings, fortifications, barracks and other edi- fices which are not private property. The Archives, papers and docu- ments relative to the domain and sovereignty of Louisiana and its dependencies 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 doc- uments as may be necessary to them. Art: III The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible accord- ing to the j^rinciples 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. Art: IV There shall be sent by the Government of France a Commissary to Louisiana to the end that he do every act necessary as well to receive from the Officers of his Catholic Majesty the said country and its dependencies in the name of the French Republic if it has not been already .done as to transmit it in the name of the French Republic to the Commissary or agent of the United States. Art: V Immediately after the ratification of the present Treaty by the Pres- ident of the United States and in case that of the first Consul’s shall have been previously obtained, the Commissary of the French Repub- “ For full text of agreement see page 506. 510 TREATIES, CONVENTIONS, ETC. lie shall remit all military posts of Xew Orleans and other parts of the ceded territory to the Commissary or Commissaries named by the President to take possession — the troops whether of France or Spain who may be there shall cease to occupy any military post from the time of taking possession and shall be embarked as soon as possible in the course of three months after the ratification of this treaty. — Art: VI The United States promise to execute such treaties and articles as may have been agreed between Spain and the tribes and nations of Indians until by mutual consent of the United States and the said tribes or nations other suitable articles shall have been agreed upon — Art: VII As it is reciprocally advantageous to the commerce of France and the United States to encourage the communication of both nations for a limited time in the country ceded by the present treaty until general arrangements relative to the commerce of both nations may be agreed on : it has been agreed between the contracting parties that the French ships coming directly from France or any of her colonies loaded only Avith the produce and manufactures of France or her said Colonies ; and the ships of Spain coming directly from Spain or any of her colonies loaded only with the produce or manufactures of Spain or her Colonies shall be admitted during the space of twelve years in the Port of New-Orleans and in all other legal ports-of-entry within the ceded territory in the same manner as the ships of the United States coming directly from France or Spain or any of their Colonies Avithout being subject to any other or greater duty on mer- chandize or other or greater tonnage than that paid by the citizens of the United States. — During the space of time aboA^e mentioned no other nation shall have a right to the same privileges in the Ports of the ceded terri- tory— the twelve years shall commence three months after the ex- change of ratifications if it shall take place in France or three months after it shall haA^e been notified at Paris to the French GoA^ernment if it shall take place in the United States; It is hoAveA’^er Avell under- stood that the object of the aboA^e article is to faA'our the manufac- tures, commerce, freight and naAUgation of France and of Spain so far as relates to the importations that the french and Spanish shall make into the said ports of the United States without in any sort aflPecting the regulations that the United States may make concern- ing the exportation of the produce and merchandize of the United States, or any right they may have to make such regulations. — Art: VIII In future and forever after the expiration of the twelve years, the ships of France shall be treated upon the footing of the most favoured nations in the ports above mentioned — FEANCE — 1803. 511 Art: IX The particular Convention signed this day by the respective Minis- ters having for its object to provide for the payment of debts due to the Citizens of the United States by the French Republic prior to the 30^*' Sepf 1800 (8**' Vendemiaire an 9) is approved and to have its execution in the same manner as if it had been inserted in this pres- ent treaty and it shall be ratified in the same form and in the same time so that the one shall not be ratified distinct from the other— Another particular Convention signed at the same date as the pres- ent treaty relative to a definitive rvde between the contracting parties is in the like manner approved and will be ratified in the same form,, and in the same time and jointly. — Art X The present treaty shall be ratified in good and due form and the ratifications shall be exchanged in the space of six months after the date of the signature by the Ministers Plenipotentiary or sooner if possible. In faith whereof the respective Plenipotentaries have signed these articles in the French and English languages; declaring nevertheless that the present Treaty was originally agreed to in the French lan- guage ; and have thereunto affixed their seals. Done at Paris the tenth day of Floreal, in the eleventh year of the French Republic; and the of April 1803 Rob’^ R Livingston [seal.] Ja®. Monroe. [seal.] Barbe Marbois [seal.] 1803. Convention for Payment of Sixty Million Francs by the United States. Concluded April 30, 1803; ratification advised Oy the Senate Octoher 20, 1803; ratified hy the President October 21, 1803; ratifications exchanged October 21, 1803; proclaimed October 21, 1803. Articles. I. Sum to be paid. I III. Value of the dollar ; ratification. II. Manner of payment. | The President of the United States of America and the First Con- sul of the French Republic, in the name of the French people, in consequence of the treaty of cession of Louisiana, which has been signed this day, wishing to regulate definitively everything which has relation to the said cession, have authorized to this effect the Plenipotentiaries, that is to say : The President of the United States 512 TEEATIES, CONVENTIOKS, ETC. has, by and with the advice and consent of the Senate of the said States, nominated for their Plenipotentiaries, Robert R. Livingston, Minister Plenipotentiary of the United States, and James Monroe, Minister Plenipotentiary and Envoy Extraordinary of the saicl United States, near the Government of the French Republic; and the First Consul of the French Republic, in the name of the French people, has named as Plenipotentiary of the said Republic, the citi- zen Francis Barbe Marbois; who, in virtue of their full powers, which have been exchanged this day, have agreed to the following articles : Article I. The Government of the United States engages to pay to the French Government in the manner specified in the following article, the sum of sixty millions of francs, indej)endent of the sum which shall be fixed by another convention for the payment of the debts due by France to citizens of the United States. Article II. For the payment of the sum of sixty million of francs, mentioned in the 23receding article, the United States shall create a stock of eleven millions two hundred and fifty thousand dollars, bearing an interest of six jier cent, jier annum, playable half yearly in London, Amster- dam, or Paris, amounting by the half year, to three hundred and thirty-seven thousand five hundred dollars, according to the iirojior- tions which shall be determined by the French Government to be jiaid at either jilace; the jirinciiial of the said stock to be re-imbursed at the Treasury of the United States, in annual payments of not less than three millions of dollars each, of which the first jiayment shall commence fifteen years after the date of the exchange of ratifications : this stock shall be transferred to the Government of France, or to such person or persons as shall be authorized to receive it, in three months at most after the exchange of the ratifications of this treaty, and after Louisiana shall be taken possession of in the name of the Government of the United States. It is further agreed, that if the French Government should be de- sirous of disposing of the said stock to receive the capital in Euroiie, at shorter terms, that its measures for that jiui’iiose shall be taken so as to favor, in the greatest degree jiossible, the credit of the United States, and to raise to the highest jirice the said stock. Article III. It is agreed that the dollar of the United States, specified in the present convention, shall be fixed at five francs iVimr or five livres eight sous tournois. The present convention shall be ratified in good and due form, and the ratification shall be exchanged in the sjiace of six months to date from this day, or sooner if possible. In faith of which, the respective Plenipotentiaries have signed the above articles, both in the French and English languages, declaring, nevertheless, that the jiresent treaty has been originally agreed on and FRANCE — 1803. 513 written in the French language; to which they have hereunto affixed their seals. Done at Paris the tenth of Floreal, eleventh year of the French Re- public, (30th April, 1803.) [seal.] Robt. R. Livingston, [seal.] Jas. Monroe. [seal.] Barbe Marbois. 1803. Convention for Payment of Sums Due by France to Citizens OF THE United States. Concluded April 30, 1803; rati-fication advised hy the Senate Octoher 20, 1803; ratified hy the President Octoher 21, 1803; ratifications exchanged Octoher 21, 1803; proclaimed Octoher 21, 1803. Articles. I. Payment of claims. II. Description of claims. III. Mode of payment. IV. Claims comprehended. V. To what cases applicable. VI. Commissioners. VII. Examination of claims to be ad- mitted. VIII. Examination of claims not liqui- dated. IX. How debts shall be discharged. X. Commercial agent to assist. XI. Decision. XII. Claims since September, 1809. XIII. Ratification. The President of the United States of America and the First Consul of the French Republic, in the name of the French people, having by a treaty of this date terminated all difficulties relative to Louisiana, and established on a solid foundation the friendship which unites the two nations, and being desirous, in compliance with the second and fifth articles of the convention of the eighth Vendemiaire, ninth year of the French Republic (30th September, 1800,) to secure the payment of the sums due by France to the citizens of the United States, have respectively nominated as Plenipotentiaries, that is to say : the President of the United States of America, by and with the advice and consent of their Senate, Robert R. Livingston, Minister Plenipotentiary, and James Monroe, Minister Plenipotentiary and Envoy Extraordinary of the said States, near the Government of the French Republic; and the First Consul, in the name of the French people, the citizen Francis Barbe Marbois, Minister of the Public Treasury ; who, after having exchanged their full powers, have agreed to the following articles : Article J. The debts due by France to citizens of the United States, con- tracted before the 8th of Vendemiaire, ninth year of the French Republic, (30th September, 1800,) shall be paid according to the following regulations, with interest at six per cent., to commence from the period when the accounts and vouchers were presented to the French Government. 24449— VOL 1—10 33 514 TREATIES, CONVENTIONS, ETC. Article II. The debts provided for by the preceding article are those whose result is comprised in the conjectural note annexed to the present Convention, and which, with the interest, cannot exceed the sum of twenty millions of francs. The claims comprised in the said note which fall within the exceptions of the following 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 the United States, by orders drawn by their Minister Plenipo- tentiary on their treasury; these orders shall be payable sixty days after the exchange of ratifications of the treaty and the conventions 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, who have been and are yet creditors of France, for supplies, for embar- goes, and prizes made at sea^ in which the appeal has been properly lodged within the time mentioned in the said convention, 8th Vende- miaire, ninth year, (30th September, 1800.) Article V. The preceding articles shall apply only, 1st, to captures of which the council of prizes shall have ordered restitution, it being well understood that the claimant cannot have recourse to the United States, otherwise than he might have had to the government of the French Kepublic, and only in case of insufficiency of the captors; 2d, the debts mentioned in the said fifth article of the convention contracted before the 8th Vendemiaire, an 9, (30th September, 1800,) the payment of which has been heretofore claimed of the actual Government of France, and for which the creditors have a right to the protection of the United States; the said fifth article does not comprehend prizes whose condemnation has been or shall be con- firmed : it is the express intention of the contracting parties not to extend the benefit of the present convention to reclamations of Amer- ican citizens, who shall have established houses of commerce in France, England or other countries than the United States, in part- nership with foreigners, and who by that reason and the nature of their commerce ought to be regarded as domiciliated in the places where such houses exist. All agreements and bargains concerning merchandise, 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. FRANCE 1803. 515 Article VI. And that the different questions which may arise under the pre- ceding article may be fairly investigated, the Ministers Plenipoten- tiary of the United States shall name three persons, 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 Ven- demiaire, 9th year, (30th Se^itember, 1800,) the debtor shall be entitled to an order on the Treasury of the United States, in the manner prescribed by the third article. Article VII. The same agents shall likewise have power, without removing the documents, to examine the claims which are prepared for verification, and to certify those which ought to be admitted by uniting the necessary qualifications, and not being comprised 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 in their judgment ought to be admitted to liquidation. Article IX. In proportion as the debts mentioned in these articles shall be admitted, they shall be discharged with interest, at six per cent., by the Treasury of the United States. Article X. And that no debt which shall not have the qualifications above mentioned, and that no unjust or exorbitant demand may be admitted, the Commercial Agent of the United States at Paris, or such other agent 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 completely proved, or if he shall judge that it is not comprised in the principles of the fifth article above mentioned, and if, notwithstanding his opinion, the bureaus established by the French Government s&uld think that it ought to be liquidated, he shall transmit his observations to the board established by the United States, who, without removing documents, shall make a complete examination of the debt and vouchers which support it, and report the result to the Minister of the United States. The Minister of the United States shall transmit his observations, in 516 TREATIES, CONVENTIONS, ETC. all such cases, to the Minister of the Treasury of the French Republic, 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 the United States from the payment of it, the French Gov- ernment reserving to itself the right to decide definitively on such claim so far as it concerns itself. Article XI. Every necessary decision shall be made in the course of a year, to 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 with citizens of the United States since the 8th Vendemiaire, ninth year, (30th September, 1800,) not being comprised in this conven- tion, may be pursued, and the payment demanded 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 date of the signature of the Ministers Plenipotentiary, or sooner if possible. In faith of which, the respective Ministers Plenipotentiary have signed the above articles both in the French and English languages, declaring, nevertheless, that the present treaty has been originally agreed on and written in the French language; to which they have hereunto affixed their seals. Done at Paris, the tenth of Floreal, eleventh year of the French Republic, thirtieth April, 1803. [seal.] [seal.] [seal.] Robt. R. Livingston. Jas. Monroe. Barbe Marbois. TABLEAU GENERAL DES RECLAMATIONS AMERICAINES. Liquidation gtnkrale de. la dette publique, ime direction, Ire section. CREANCES RECONNUES PAR L’EX-COMMISSION DE LA COMPTABILIT^: INTERM^IDIAIRE. 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FRANCE — 1803. 519 ©«0<0^00®©i-40sO'^00>-^eOOC3>.-HC*50 ^©©©00 00©© ©0©C*3©i-»©OOt^OO©«5b>»CO©©GOt^©©”oe,©©©©-^c^© c^eot-HC^©c< tF»-ioc^> * S J§l iJ ii|‘IISl|° "•oS'o'^l'a^e^d ■g .s.5!as : :3 :-2 d :> : ::3 3o§§-gw^«a : fe’Cf— - g’o •'SiJ 1 ©‘^ c3 • to ^ o eo a> «o ;^oto'*^t^arco'eo'e^T5J‘cr oo »-H to «0 OJ T-=( CO C3 o >4^ o a) (DOS O s a g'Q „ — ^ ^ f = .Wo £ o o S S o'3ai'2 § Qgo'S 53(i; • *3 3 M g 5, Qn © CQ O © K, 'O S'o'S So W)s9^ ^ fc- w ^ sy *©2 ®*.Z3 tn ®.b ® CQ I a fi B* - <33 i fc- -i W 1 g|g2 '§2 'O'S £ ? ’3 © .s « -is .b go £ 2 CO CO c3 S+J f-t rlM © i'S^PPPPPpS bSooooooo TO . +■> © ©-3 «- s § 3 s £ o © o ft ft . c • a © ‘S'P ^ fcjC'ft .2 Sgl 0*0 3*^ 3 "O 3^3 a,'0 . 3 ■ S •s OTS ^*3 ^ •3 .~S ft a o a a « aft -a =3 ftc3 • '’^ft ^ MH w«i£-3„ . a'Cft > .ft H ft 2 © z u- 3 5 ftg ft^ <33 a *^ © ft&^.b c3 copn o Oft >s.b ft C3 ft li c3 a"! j -1 © f w ft ^ ft OS &H^e 2 2 2S5go&a E/jCS<©«©«©<© «© - a 3 © © © © O ft ft ^CO'3*iOcOt|^OOCSO Cr4ances reoonnues par Tex-commission cle !a comptabilitcS Intermfidlaire 3,459,778 13 6 jLesjugemcntsarbitrauxsur lesquelslaliqui- Cr^ances dont les rapports ont 6t6 soumis au dirccteur particulier 5,093,679 10 2 > dation a 6t6 faite ont ddjit aUou6 les in- Cr^ances &, llquider 8,034,722 14 4 | tdrOts de plusieurs de ces crdances. Rfelamations relatives 5, 1’erabargo de 1793 3,301,122 8 8 Susceptible d’uno rdduction considerable. Total 19,889,303 6 8 FEANCE — 1803-1822. 521 The Commission provided for in the foregoing convention was duly appointed, held its first meeting July 5, 1803, and adjourned December 1, 1804. 1822. Convention of Navigation and Commerce. Concluded June 24, 1822; ratification advised hy the Senate January 31, 1823; ratified hy the President February 12, 1823; ratifications exchanged February 12, 1823; 'proclaimed February 12, 1823. Articles. I. Extra duties by American vessels. II. Extra duties by French vessels. III. Transit and reexportation. IV. Ton described. V. Shipping charges. VI. Deserters from ships. VII. Duration ; reduction of extra du- ties. Vm. Ratification. Separate article. Refund of ex- tra duties. The United States of America and His Majesty the King of France and Navarre, being desirous of settling the relations of navigation and commerce between their respective nations, by a temporary con- vention reciprocally beneficial and satisfactory, and thereby of lead- ing 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 Royal and Military Order of St. Louis, Commander of the Legion of Honor, Grand Cross of the Royal American Order of Isabella the Catholic, his Envoy Extraordinary and Minister Plenipotentiary near the United States ; Who, after exchanging their full powers, have agreed on the fol- lowing articles: Article I. Articles of the growth, produce or manufacture, of the United States, imported into France in vessels of the United States, shall pay an additional duty, not exceeding twenty francs per ton of mer- chandise, 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. Article II. Articles of the growth, produce or manufacture, of France, im- ported into the United States in French vessels, shall pay an addi- tional duty, not exceeding three dollars and seventy-five cents per ton of merchandise, over and above the duties collected upon the like articles, also of the growth, produce or manufacture of France, when imported in vessels of the United States. Article III. No discriminating duty shall be levied upon the productions of the soil or industry of France, imported in French bottoms into the ports of the United States for transit or re-exportation ; nor shall any such 522 TREATIES, CONVENTIONS, ETC. 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: Wines — four 61-gallon hogsheads, or 244 gallons of 231 cubic inches, Ameri- can measure. Brandies, and all other liquids, 244 gallons. Silks and all other dry goods, and all other articles usually subject to measurement, forty-two cubic feet, French, in France, and fifty cubic feet American measure, in the United States. Cotton, 804 lbs. avoirdupois, or 365 kilogrammes. Tobacco, 1,600 lbs. avoirdupois, or 725 kilogrammes. Ashes, pot and pearl, 2,240 lbs. avoirdupois, or 1,016 kilogs. Rice, 1,600 lbs. avoirdupois, or 725 kilogrammes; and for all weigh- able articles, not specified, 2,240 lbs. avoirdupois, or 1,016 kilo- grammes. Article V. The duties of tonnage, light-money, pilotage, port charges, broker- age and all other duties upon foreign shipping, over and above those paid by the national shipping in the two countries respectively, other than those specified in articles 1 and 2 of the present convention, shall not exceed in France, for vessels of the United States, five francs per ton of the vessel’s American register; nor for vessels of France in the United States, ninety-four cents per ton of the vessel’s French passport. Article VI. The contracting parties, wishing to favor their mutual commerce, by affording in their ports every necessary assistance to their re- spective vessels, 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 Vice-Consuls shall address themselves to the courts, judges and officers competent, and shall demand the said deserters in writing, proving b}'^ 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 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 VII. The present temporary convention shall be in force for two years from the first day of October next, and even after the expiration of FRANCE — 1822-1831. 523 that term, until the conclusion of a definitive treaty, or until one of the parties shall have declared its intention to renounce it; which declaration shall be made at least six months before hand. And in case the present arrangement should remain without such declaration of its discontinuance by either party, the extra duties specified in the 1st and 2d articles, shall, from the expiration of the said two years, be, on both sides, diminished 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 renouncing it as above stated. Article VIII. The present convention shall be ratified on both sides, and the ratifi- cations shall be exchanged within one year from the date hereof, or sooner if possible. But the execution of the said convention shall commence in both countries on the first of October next, and shall be effective, even in case of non-ratification, for all such vessels as may have sailed hona fde for the ports of either nation, in the confi- dence of its being in force. In faith whereof, the respective Plenipotentiaries have signed the present convention, and have thereto affixed their seals, at the city of Washington, this 24th day of June, A. D. 1822. [seal.] John Quincy Adams. [seal.] G. Hyde de Neuville. separate 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 ordinance of 26th July of the same year, and others confirmative 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 Quincy Adams, [seal.] G. Hyde de Neuville. 1831. Convention as to Claims and Duties on Wines and Cotton.® Concluded July 4, 1831 ; ratification advised hy the Senate January 27^ 1832; ratified hy the President February 2, 1832; ratifications exchanged February 2, 1832; froclaimed July 13^ 1832. Articles. I. Indemnity to American citizens. II. Mode of payment. III. Idemnity to French citizens. IV. Mode of payment. V. Claims not provided for. VI. Documents and papers. VII. French wines. VIII. Ratification. The United States of America and His Majesty the King of the French, animated with an equal desire to adjust amicably, and in a manner conformable to equity, as well as to the relations of good in- “ Federal cases : Frevall v. Bashe (14 Pet., 95), Gray v. U. S. (21 Ct. Cls., 340). 524 TEEATIES, CONVENTIONS, ETC. telligence and sincere friendship which unite the two countries, the reclamations formed by the respective Governments, have, for this purpose, named for their Plenipotentiaries, to wit: The President of the United States, by and with the advice and consent of the Senate, William C. Rives, Envoy Extraordinary and Minister Plenipotentiary of the said United States, near his Majesty the King of the French, and His Majesty the King of the French, Count Horace Sebastiani, Lieutenant General of his Armies, his Min- ister 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: Article I. The French Government, in order to liberate itself completely from all the reclamations preferred against it by citizens of the United States, for unlawful seizures, captures, sequestrations, 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 determine. Article II. The sum of twenty-five millions of francs, above stipulated, shall be paid at Paris, in six annual instalments, of four millions one hun- dred and sixty-six thousand six hundred and sixty-six francs sixty- six centimes each, into the hands of such person or persons 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 in- terest at four per cent, thereupon, as upon the other instalments then remaining unpaid ; the said interest to be computed from the day of the exchange of the ratifications of the present Convention. Article III. The Government of the United States, on its part, for the purpose of being liberated completely from all the reclamations presented by France on behalf of its citizens, or of the Royal 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 distri- bution of the same in the manner and according to the rules to be de- termined 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 payable in six annual instalments, of FRANCE 1831. 525 two hundred and fifty thousand francs; and the payment of each of the said instalments shall be effected by a reservation 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 exchange of the ratifications of the present Convention. Article V. As to the reclamations of French citizens against the Government of the United States, and the reclamations of citizens of the United States against the French Government, which are of a different nature from those which it is the object of the present convention to adjust, it is understood that the citizens of the two nations may prose- cute them in the respective countries before the competent judicial or administrative authorities, in complying with the laws and regu- lations of the country, the dispositions and benefit of which shall be applied to them, in like manner as to native citizens. Article VI. The French Government and the Government of the United States reciprocally engage to communicate to each other, by the intermedi- ary of the respective legations, the documents, titles or other informa- tions proper to facilitate the examination and liquidation of the reclamations comprised in the stipulations of the present convention. Article VII. The wines of France, from and after the exchange of the ratifica- tions of the present convention, shall be admitted to consumption in the States of the Union at duties which shall not exceed the follow- ing rates, by the gallon, (such as it is used at present for wines in the United States,) to wit: six cents for red wines in casks; ten cents for white wines in casks ; and twenty-two cents for wines of all sorts in bottles. The proportion existing between the duties on French wines thus reduced, and the general rates of the tariff which went into operation the first of January, 1829, shall be maintained, in case the Government of the United States should think proper to diminish those general rates in a new tariff. In consideration of this stipulation, which shall be binding on the United States for ten years, the French Government abandons the reclamations which it had formed in relation to the 8th article of the treaty of cession of Louisiana. It engages, moreover, to estab- lish on the long staple cottons of the United States, which, after the exchange of the ratifications of the present convention, shall be brought directly thence to France by the vessels of the United States, or by French vessels, the same duties as on short staple cottons. 526 TKEATIES, CONVENTIONS, ETC. Article VIII. The present convention shall be ratified, and the ratifications shall be exchanged at Washington, in the space of eight months, or sooner if possible. In faith of which, the respective Plenipotentiaries have signed these articles, and thereto set their seals. Done at Paris the fourth day of the month of July, one thousand eight hundred and thirty-one. [seal.] W. C. Rives. [seal.] Horace Sebastiani. 1843. Extradition Con\"ention.“ Concluded November 9, 1843; ratification advised by the Senate Feb- ruary i, 1844; Tatified by the President February 1844; ratifica- tions exchanged April 12, 1844; proclaimed April 13, 1844- I. Delivery of accused. II. Extraditable crimes. III. Delivery. Articles. IV. Expenses. V. Political crimes, etc. VI. Duration ; ratification. The United States of America and His Majesty the King of the French having judged it expedient, with a view to the better admin- istration of justice, and to the prevention of crime within their re- spective territories and jurisdictions, that persons charged with the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, the said United States of America and His Majesty the King of the French have named as their Plenipotentiaries to conclude a conven- tion for this purpose: That is to say, the President of the United States of America, Abel P. Upshur, Secretary of State of the United States, and His Majesty the King of the French, the Sieur Pageot, officer of the Royal Order of the Legion of Honor, his Minister Plenipotentiary, ad interim, in the United States of America; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles: Article I. It is agreed that the high contracting parties shall, on requisitions made in their name, through the medium of their respective diplo- matic agents, deliver up to justice persons who, being accused of the crimes enumerated in the next following article, committed within the jurisdiction of the requiring party, shall seek an asylum, or shall be found within the territories of the other: Provided, That this shall "Federal case: In re Metzger (5 How., 176). See extradition eouveutious 1845 and 1858, pp. 523 and 533. FRANCE 1843. 527 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 appre- hension and commitment for trial, if the crime had been there com- mitted. Article II. Persons shall be so delivered up who shall be charged, according to the provisions of this convention, with any of the following crimes, to wit: Murder, (comprehending the crimes designated 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 only by authority of the Keeper of the Seals, Minister of Justice; and on the part of the Government of the United States, the sur- render shall be made only by authority of the Executive thereof. Article IV. The expenses of any detention and delivery eflPected in virtue of the preceding provisions shall be borne and defrayed by the Government in whose name the requisition shall have been made. Article V. The provisions of the present convention shall not be applied in any manner to the crimes enumerated in the second article, committed anterior to the date thereof, nor to any crime or offence of a purely political character. Article VI. This convention shall continue in force until it shall be abrogated by the contracting parties, or one of them ; but it shall not be abro- gated, except by mutual consent, unless the party desiring to abrogate it shall give six months’ previous notice of his intention to do so. It shall be ratified, and the ratifications shall 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 affixed thereto the seal of their arms. Done at Washington the ninth day of November, anno Domini one thousand eight hundred and forty-three. [seal.] a. P. Upshur. [seal.] a. Pageot. 528 TREATIES, CONVENTIONS, ETC. 1845. Additional Article to Extradition Convention .“ Concluded February 2]f^ ISJfo; ratification advised by the Senate March 12^ 18^5; ratified by the Pr'esident May 5, ISlfB; ratifications exchanged June 21^ 1845; proclaimed July 24i 1845. The crime of Robbery, defining the same to be, the felonious and forcible taking from the person of another, of goods, or money to any value, by violence or putting him in fear; — and the crime of Bur- glary, defining the same to be, breaking and entering by night into a mansion house of another with intent to commit felony ; and the cor- responding 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 con- formity with the first article of the said convention ; and the present article when ratified by the parties, shall constitute a part of the said convention, and shall have the same force as if it had been originally inserted in the same. In witness whereof, the respective Plenipotentiaries have signed the present article, in duplicate, and have afiixed thereto the seal of their arms. Done at Washington this twenty-fourth of February, 1846. J. C. Calhoun [seal.] A. Pageot [seal.] 1853. Consular Convention.® Concluded February 23, 1853; ratification advised by the Senate with amendments March 29,1853; ratified by the President April 1,1853; ratifications exchanged August 11, 1853; proclaimed August 12, 1853. I. Officers recognized ; exequaturs. II. Privileges and immunities. III. Inviolability of consulates. IV. Complaints to authorities. V. Agencies. VI. Notarial authority. VII. Property rights. The President of the United States of America, and his Majesty the Emperor of the French, being equally desirous to strengthen the VIII. Settlement of shipping disputes. IX. Deserters from ships. X. Authority as to shipping. XI. Shipwrecks. XII. Most favored nation privileges. XIII. Duration ; ratification. “Federal case, In re Baneusi (120 Fed. Rep.. S64). ® Federal cases: Prevost v. Greneaux (19 How., 1), De Geofroy v. Riggs (133 U. S., 258), De Geofroy v. Rig.gs (18 Dist. Col., 331), Bahnaud v. Beize (105 Fed. Rep., 487), Dallemagne v. Moisau (197 U. S., 169), Bahnaud et al. v. Beize et al. (105 Fed. Rep., 485). FRANCE 1853. 529 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 convention which shall determine, in a precise and reciprocal manner, the rights, privileges and duties of the Consuls of the two countries. Accordingly they have named : The President of the United States, the Honorable Edward Everett, Secretary of State of the United States; His Majesty the Emperor of the French, the Count de Sartiges, Commander of the Imperial Order of the Legion of Honor, &c., &c., his Envoy Extraordinary and Minister Plenipotentiary at Washington; 'Who, after communicating to each other their full powers, found in good, and due form, have agreed upon the following articles : Article I. The Consuls-General, Consuls and Vice-Consuls or Consular Agents of the United States and France shall be reciprocally received and recognized, on the presentation of their commissions, in the form established in their respective countries. The necessary exequatur for the exercise of their functions shall be furnished to them without charge; and on the exhibition of this exequatur, they shall be admitted at once, and without difficulty, by the territorial authorities, federal or State, judicial or executive, of the ports, cities and places of their residence and district, to the enjoyment of the prerogatives recipro- cally granted. The Government that furnishes the exequatur re- serves the right to withdraw it on a statement of the reasons for which it has thought proper to do so. Article II. The Consuls-General, Consuls Vice-Consuls or Consular Agents of the United States and France, shall enjoy in the two countries the privileges usually accorded to their offices, such as personal immunity, except in the case of crime, exemption from military billetings, from service in the militia or the national guard, and other duties of the same nature ; and from all direct and personal taxation, whether fed- eral, State or municipal. If, however, the said Consuls-General, Consuls, Vice-Consuls or Consular Agents, are citizens of the country in which they reside ; if they are, or become, owners of property there, or engage in commerce, they shall be subject to the same taxes and imposts, and with the reservation of the treatment granted to Com- mercial 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 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, 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 testimony shall be requested in writing, or be taken orally at their dwellings. 24449— VOL 1—10 34 530 TKEATIES, CONVENTIONS, ETC. Consular pupils shall enjoy the same personal privileges and im- munities as Consuls - General, Consuls, Vice-Consuls or Consular Agents. In case of death, indisposition or absence of the latter, the Chan- cellors, Secretaries, and Consular pupils attached to their offices, shall be entitled to discharge 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 authorities shall not invade them under any pretext. 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. Article IV. The Consuls-General, Consuls, Vice-Consuls or Consular Agents, of both countries, shall have the right to complain to the authorities of the respective Governments, whether federal or 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 ab- sence. Should there be no diplomatic agent of their nation, they shall be authorized, in case of need, to have recourse to the General or Federal Government of the country in which they exercise their functions. Article V. The respective Consuls-General, and Consuls, shall be free to estab- lish, in such parts of their districts as they may see fit, Vice-Consuls, or Consular Agents, who may be taken indiscriminately from among Americans of the United States, Frenchmen, or citizens of other countries. These agents, whose nomination, it is understood, shall be submitted to the approval of the respective Governments, shall be provided with a certificate given to them by the Consul by whom they are named, and under whose orders they are to act. Article VI. The Consuls-General, Consuls, Vice-Consuls or Consular Agents, shall have the right of taking at their offices or bureaux, at the domi- cile of the parties concerned, or on board ship, the declarations 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 bu- reaux, 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 betiveen the latter, provided that these acts relate to property situated, or to business to be transacted, in the territory rVHtiun mwm imm, 156 FRANCE — 1853. 531 of the nation to which the Consul or the Agent before whom they are executed may belong. Copies of such papers, duly authenticated by the Consuls-General, Consuls, Vice-Consuls or Consular Agents, and sealed with the official seal of their consulate or consular agency, shall be admitted in courts of justice throughout the United States and France, in like manner as the originals. Article VII. In all the States of the Union, whose existing laws permit it, so long 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 gratuitously or for value received, by donation, testa- ment or otherwise, just as those citizens themselves; and in no case shall they be subjected to taxes on transfer, inheritance or any others different from those paid by the latter, or to taxes which shall not 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 recom- mend 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 establishing reciprocity in regard to possession and inheritance, the Government of France accords to the citizens of the United States the same rights within its territory in respect to real and personal property, and to inheritance, as are enjoyed there by its own citizens. Article VIII. The respective Consuls-General, Consuls, Vice-Consuls or Consular Agents, shall have exclusive charge of the internal order of the merchant-vessels of tlieir 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, particularly in refer- ence to the adjustment of wages and the execution of contracts. The local authorities shall not, on any pretext, interfere in these differ- ences, but shall lend forcible aid to the Consuls, when they may ask it, to arrest and imprison all persons composing the crew whom they may deem it necessary to confine. Those persons shall be arrested at the sole request of the Consuls, addressed in writing to the local authorit}^ and supported by an official extract from the register of the ship or the list of the crew, and shall be held, during the whole time of their stay in the port, at the disposal of the Consuls. Their release shall be granted at the mere request of the Consuls made in writing. The expenses of the arrest and detention of those persons shall be paid by the Consuls. Article IX. The respective Consuls-General, Consuls, Vice-Consuls 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, 532 TREATIES, CONVENTIONS, ETC. who may be guilty or be accused of having deserted said ships and vessels, for the purpose of sending them on board, or back to their country. To that end the Consuls of France in the United States shall apply to the magistrates designated in the act of Congress of May 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 authorities 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 citi- zens 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 Con- suls 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 desert- ers shall be set at liberty, and shall not again be arrested for the same cause. Article X. The respective Consuls-General, Consuls, Vice-Consuls or Consular Agents, shall receive the declarations, protests and reports of all cap- tains of vessels of their nation in reference to injuries experienced at sea ; they shall examine and take note of the stowage ; and when there are no stipulations to the contrary between the owners, freighters or insurers, they shall be charged with the repairs. If any inhabitants of the country in which the Consuls reside, or 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-Consuls of France in the United States, and until their arrival by the respective Consular Agents, wherever an agency exists. In the places and ports where an agency does not exist, the local authorities, until the arrival of the Consul in whose district the wreck may have occurred, and who shall be immediately informed of the occurrence, shall take all neces- sary 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 merchandise saved. FRANCE — 1853-1858. 533 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 con- formity with the regulations of the respective countries. Article XII. The respective Consuls-General, Consuls, Vice-Consuls or Con- sular Agents, as well as their consular pupils, chancellors, and secre- taries, 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 years from the day of the exchange of the ratifications, which shall be made in conformity with the respective constitutions of the two countries, and exchanged at Washington within the period of six months, or sooner if jjossible. 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 3’ear, until the expiration of a year from the day on which one of the parties shall give such notice. In testimony whereof the respective Plenipotentiaries have signed this convention, and hereunto affixed their respective seals. Done at the city of Washington the twenty-third day of February, anno Domini one thousand eight hundred and fifty-three. [seal.] Edward Everett, [seal.] Sartiges. 1858. Additional Article to Extradition Convention. Concluded February 10, 1858; ratif.cation advised by the Senate, with amendment, June 15, 1858; ratified by the President June 28, 1858 ; ratifications exchanged February 12, 1869; ^proclaimed Feb- ruary llf, 1859. It is agreed between the High Contracting Parties that the provi- sions of the treaties for the mutual extradition of criminals between the United States of America and France, of November 9*^^, 1843, and February 24‘^, 1845, and now in force between the two Governments, shall extend not only to persons charged with the crimes therein men- tioned, but also to persons charged with the following crimes, whether as principals, accessories or accomplices, namely, forging or know- ingly 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 persons hired or salaried to the detriment of their Employers, when these crimes are subject to infamous punishment. 534 TREATIES, CONVENTIONS, ETC. In witness whereof the respective Plenipotentiaries have signed the present article in triplicate, and have affixed thereto the seal of their arms. Done at Washington the tenth of February, 1858. Lew Cass. [seal.] Sartiges. [seal.] 1869.“ Trade-Mark Convention. Concluded April 16, 1869 ; ratification advised hy the Senate April 19, 1869; ratified hy the President April SO, 1869; ratifications ex- changed July 3, 1869; proclaimed July 6, 1869. Articles. I. Protection of trade-marks. I III. Duration. II. Registration. | IV. Ratification. 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 con- vention for this purpose, and have named as their Plenipotentiaries: The President of the United States, Hamilton Fish, Secretary of State, and His Majesty the Emperor of the French, J. Berthem}^, Commander of the Imperial Order of the Legion of Honor, &c., &c., &c., accredited as his Envoy Extraordinary and Minister Plenipo- tentiary to the United States; and the said Plenipotentiaries, after an examination of their respective full powers, which were found to be in good and due form, have agreed to and signed the following articles : Article I. Every reproduction in one of the two countries of trade-marks affixed in the other to certain merchandise to prove its origin and quality is forbidden, and shall give ground for an action for damages in favor of the injured party, to be prosecuted in the courts of the country in which the counterfeit shall be proven, just as if the plain- tiff 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 territoiy 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 coun- tries, wish to secure their rights in the other country, they must de- “ Federal cases: Lacroix v. Sarrazin (4 Woods, 174), La Republique Fran- caise r. Schultz (57 Fed. Rep., 37), In re Balensi (120 Fed. Rep., 864). PRANCE — 1869-1880. 535 posit duplicate copies of those marks in the Patent-Office at Washing- ton, 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. In case neither of the two high contracting parties gives notice of its intention 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 arrangement shall be exchanged at Washington, within ten months, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the present convention in duplicate, and affixed thereto the seal of their arms. Done at Washington the sixteenth day of April, in the year of our Lord one thousand eight hundred and sixty-nine. [seal.] Hamilton Fish. [seal.] Berthemy. 1880.“ Claims Convention. Concluded January 15^ 1880 ; ratif cation advised hy the Senate March 29, 1880; ratif-ed hy the President April 3, 1880; ratifications exchanged June 23, 1880; proclaimed June 26, 1880. Articles. I. Claims. II. Jurisdiction of commission. III. Vacancies. IV. Meetings. V. Procedure. VI. Decision ; payment. VII. Finality of decision. VIII. Time for presenting claims. IX. Time of payment. X. Record ; expenses. XI. Finality of settlement. XII. Ratification. The United States of America and the French Republic, animated by the desire to settle and adjust amicably the claims made % the citi- zens 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, Sec- retary of State of the United States, and the President of the French “Burthe v. Denis (1.33 XT. S., 514). 536 TREATIES, CONVENTIONS, ETC. Republic, Georges Maxime Outrey, Envoy Extraordinary and Minis- ter Plenipotentiary of France at Washington, Commander of the National Order of the Legion of Honor, &c., &c., &c. ; 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 claims on the part of corporations, companies or private indi- viduals, citizens of the United States, upon the Government of France, arising out of acts committed against the persons or property of citi- zens of the United States not in the service of the enemies of France, or voluntarily giving aid and comfort to the same, by 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 disturbances known as the “ Insurrection of the Commune ” ; and on the other hand, all claims on the part of corporations, companies or private individuals, citizens of France, upon the Government of the United States, arising out of acts committed against the persons or property of citizens of France not in the service of the enemies 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 twentieth day of August, eighteen hundred and sixty-six, shall be referred to three Commissioners, one of whom shall be named by 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- acter, presented to them bv the citizens of either country, except such as have been already diplomatically, judicially or otherwise by com- petent authorities, heretofore disposed of by either Government ; but no claim or item of damage or injury based upon the emancipation or loss of slaves shall be entertained by the said Commission. Article III. In case of the death, prolonged absence or incapacity to serve of one of the said Commissioners, or in the event of one Commissioner omitting, or declining, or ceasing to act as such, 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 occurrence of the vacancy. FRANCE — 1880. 537 Article IV. The Commissioners named as hereinbefore provided shall meet in the city of Washington at the earliest convenient time within six months after the exchange of the ratifications of this convention, 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 concurring judgment of any two Commissioners shall be adequate for every intermediate decision arising in the execution 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 speci- fied in the preceding articles, and notice shall be given to the respec- tive Governments of the day of their organization and readiness to proceed to the transaction of the business of the Commission. They shall investigate and decide said claims in such order and in such manner as they may think proper, but upon such evidence or infor- mation only as shall be furnished by or on behalf of the respective Governments. They shall be bound to receive and consider all writ- ten documents 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 claim. Each Government shall furnish at the request of the Commissioners, or of any two of them, the papers in its possession 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 them, shall be conclusive and final. Said decisions shall in every 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 on such award, the rate thereof and the period for which it is to be computed shall be fixed, which period .shall not extend beyond the close of the Commission ; and said decision shall be signed by the Commissioners concurring therein. Article VII. The High Contracting Parties hereby engage to consider the de- cision of the Commissioners, or of any two of them, as absolutely 538 TREATIES, CONVENTIONS, ETC. final and conclusive upon each claim decided upon by them, and to give full effect to such decisions without any objections, 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 for business, after notice to the respective Governments, as prescribed in Article V of this Convention. Nevertheless, in any case where rea- sons for delay shall be established to the satisfaction of the Commis- sioners, or of any two of them, 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 claim within two years from the day of their first meeting for business as aforesaid; which period shall not be extended except only in case the proceedings of the Commission shall be interrupted by the death, incapacity, retirement or cessation of the functions of any one of the Commissioners, in which event the 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 decide whether any claim has, or has not, been duly made, preferred, and laid before them, either wholly, or to any and what extent, according to the true intent and meaning of this Convention. Article IX. All sums of money which may be awarded by the Commissioners as aforesaid, shall be paid by the one Government to the other, as the case may be, at the capital of the Government to receive such pay- ment, 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 may each ap- point and employ a Secretary versed in the language of both coun- tries, and the Commissioners may appoint 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 compensa- tion, as near as may be, for like officers on the one 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 ex- penses, shall be defrayed by a ratable deduction on the amount of the sums awarded by the Commissioners, provided always that such PRANCE — 1880-1882. 539 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 as a full, perfect and final settlement of any and every claim upon either Government within the description and true meaning of Articles I. and II. ; and that every such claim, whether or not the same may have been presented to the notice of, and made, preferred or laid before the said Commission, shall, from and after the conclusion of the proceed- ings of the said Commission, be considered and treated as finally settled, 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 Senate thereof, and by the President of the French Republic, and the ratifi- cations shall be exchanged at AVashington, at as early a day as may be possible within nine months from the date hereof. In testimony whereof the respective Plenipotentiaries have signed the present convention, in the English and French languages, in duplicate, and hereunto affixed their respective seals. Done at the city of AVashington, the fifteenth day of January, in the year of our Lord one thousand eight hundred and eighty. [seal.] AVilliam Maxwell Evarts. [seal.] Max Outrey. The Commission provided for in the foregoing Convention was duly appointed, met at AVashington, November 5, 1880, and adjourned March 31, 188-1, awarding $625,566.35 against the United States, and 13,659 francs 14 centimes against France. 1882. Claims Convention. Concluded July 19, 1882; ratification advised hy the Senate August 8, 1882; ratified hy the President December 28, 1882; ratifications exchanged December 29, 1882; proclaimed December 29, 1882. Articles. Sole Article : Time for examination and presenting of claims extended. The United States of America and the French Republic, beipg 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 AVashington the fifteenth day of January, 1880, cannot be concluded within the term fixed by that convention, have deemed it expedient to conclude a supplementary convention 540 TREATIES, CONVENTIONS, ETC. 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, Secretary of State of the United States; and The President of the French Republic, Theodore- Justin-Dominique Roustan, Envoy Extraordinary and Minister Plenipotentiary 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 Republic, concluded January 15, 1880, within which the Commis- sioners appointed thereunder shall be bound to examine and de- cide upon every claim presented to them, is hereby extended to July first, 1883. Nothing in this agreement contained shall extend or alter the terms fixed in the first paragraph of said Article VIII. for the presenta- tion 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 of any one of the Commissioners, then the period for which the term of the Commission is hereby extended shall not be held to include 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 practicable. In testimon}’" whereof the respective plenipotentiaries have signed the present convention, in the English and French languages, in duplicate, and have hereunto affixed their respective seals. Done at the city of Washington the nineteenth day of July, in the year of our Lord one thousand eight hundred and eighty-two. [seal.] Fred’k T. Frelinghuysen. [seal.] Th. Roustan. 1883. Claims Convention. Concluded February 8, 1883; ratification advised by the Senate with an amendment February 21^ 1883; ratified by the President April J, 1883; ratifications exchanged June 25^ 1883; proclaimed June 25, 1883. Articles. I. Time for examination and presenta- I II. Time of receiving evidence; ratifi- tion extended. I cation. The Government of the United States of America and the Govern- ment of the French Republic, being persuaded that the labors of the Commission for the settlement of the claims of citizens of either FRANCE 1883-1891. 541 country against the Government of the other, which was organized under the convention between the two Governments signed at Wash- ington the fifteenth day of January, 1880, and which was extended to July first, 1883, by the supplementary convention of July 19th, 1882, cannot be concluded by July 1st, 1883, have deemed it expedient to conclude another 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, Secretary of State of the United States, and the President of the French Republic, Theodore Justin Dominique Roustan, Envoy Ex- traordinary and Minister Plenipotentiary 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 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 Republic, concluded January fifteenth, 1880, within which the Com- missioners appointed thereunder shall be bound to examine and decide upon every claim presented to them which was extended 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 presentation of claims, but the same shall remain as therein fixed. If the proceedings of the Commission shall be interrupted by the death, or incapacity of any one of the Commissioners, then the period for which the term of the Commission is hereby extended shall not be held to include the time during which such interruption may actually exist. Article II. No testimony or evidence either in support of or in answer to any claim shall be presented to, or received by the Commission after the first day of July, 1883. The present convention shall be ratified and the ratification ex- changed at Washington at as early a day as may be practicable. In testimony whereof the respective Plenipotentiaries have signed the present convention in the English and French languages, in duplicate, and have hereunto affixed their respective seals. Done at the City of Washington the eighth day of February in the year of our Lord, one thousand eight hundred and eighty-three. [seal.] Feed’k T. Frelinghuysen. [seal.] Th. Roustan. 1891. Copyright Proclamation Concluded July 1, 1891. Note. — See copyright proclamation, Belgium, France, Great Brit- ain and Switzerland, page 105. 542 TEEATIES, CONVENTIONS, ETC. 1898.“ Eecipkocal Commercial Agreement.® Concluded May 28, 1898; 'proclaimed May SO, 1898; in eifect June 1, 1898. Articles. I. Concessions by France. I III. Effect; duration. II. Concessions by United States. | PROTOCOL of the Reciprocal Agreement between the Governments of the United States of America and of the French Republic concluded at Wash- ington this twenty-eighth day of May 1898 by their respective Repre- sentatives duly empowered for that purpose ; namely, on the part of the United States the Honorable John A. Kasson, Special Commis- sioner Plenipotentiary etc. and on the part of the French Republic His Excellency, M. Jules Cambon, Ambassador of France etc. etc. etc. The Government of the United States and the Government of France being animated by the same spirit of conciliation and being equally desirous to improve their commercial relations, have con- cluded the following Agreement. I. It is agreed on the part of France that during the continuance in force of this Agreement the following articles of commerce, the product of the soil or industry of the United States, shall be admit- ted into France at the minimum rates of duty, to wit, not exceeding the following rates : French Tariff No. Per 100 kilogs. 19 Canned meats Fraiics. 15 84 Table fruits, fresh: 5 10 8 Apples and pears: ‘ 2 1.50 Other fruits except hothouse grapes and fruits 3 85 Fruits dried or pressed (e.xciuding raisins): Apples and pears: For the table 10 4 128 Prunes Other fruits 10 5 0.65 Sawed or squared timber 80 mm. or more in thickness Squared or sawed lumber exceeding 35 mm. and less than 80 mm. in thickness. . 1 1.25 1.75 129 1.75 130 0. 75 160 30 174 1.50 50 25 “ Terminated bv tariff act of 1909, to take effect October 31, 1909. Federal case : Nicholas V. U. S. (122 Fed. Rep., 892). FRANCE — 1898-1902. 543 II. It is reciprocally agreed on the part of the United States in accord- ance with the provisions of Section 3 of the United States Tarilf Act of 1897 that during the continuance in force of this Agreement the following articles of commerce, the product of the soil or industry of France, shall be admitted into the United States at rates of duty not exceeding the following, to wit : On argols, or crude tartar, or wine lees, crude, five per centum ad valorem. On brandies, or other spirits manufactured or distilled from grain or other materials, one dollar and seventy-five cents per proof gallon. On paintings in oil or water colors, pastels, pen and ink drawings, and statuary, fifteen per centum ad valorem. It is further agreed on the part of the United States that the rates of duty heretofore imposed and collected on still wines, the product of France, under the provisions of the United States Tariff Act of 1897 shall be conditionally suspended, and in place thereof shall be imposed and collected as follows, namely : On still wines and vermuth, in casks, thirty-five cents per gallon; in bottles or jugs, per case of one dozen bottles or jugs containing each not more than one quart and more than one pint, or twenty-four bottles or jugs containing each not more than one pint, one dollar and twenty-five cents per case, and any excess beyond these quantities found in such bottles or jugs shall be subject to a duty of four cents per pint or fractional part thereof, but no separate or additional duty shall be assessed upon the bottles or jugs. But it is expressly understood that this latter concession may be Avithdrawn in the discretion of the President of the United States whenever additional duties beyond those noAv existing, and which may be deemed by him unjust to the commerce of the United States, shall be imposed by France on products of the United States. III. This Agreement shall take effect and be in force on and after the first day of June 1898. Signed in duplicate this tAventy-eighth day of May A. D. 1898, in the City of Washington. John A. Kasson Jules Cambon 1903.“ Amendatory Reciprocal Commercial Agreement avith France. Concluded August 20, 1902; proclaimed August 22, 1902. Articles. I. Algeria ; Porto Rico. I II. Effect ; duration. The United States of America and the French Republic, finding it expedient to amend the Commercial Agreement between the two “Terminated Oct. 31, 1909. Federal cases; Fernan v, U. S. (144 Fed. Sep., 683). 544 TKEATIES, CONVENTIONS, ETC. countries, signed at Washington on the 28th day of May, 1898, have named for this purpose their respective Plenipotentiaries, to wit; — The President of the United States of America, the Honorable Alvey A. Adee, Acting Secretary of State of the United States of America; and The President of the French Republic, Mr. Pierre de Margerie, Charge d’Affaires of France at Washington; Who, after having communicated each to the other their respective full powers, found to be in good and due form, have agreed to the following additional and amendatory articles to be taken as part of said Agreement: Article I. The High Contracting Parties mutually agree that the provisions of the said Agreement shall apply also to Algeria and the Island of Porto Rico. It is further agreed on the part of the French Re- public that coffee, the product of Porto Rico, shall enjoy until the 23rd day of February, 1903, the benefit of the minimum customs tariff of France on that article. Article II. This Amendatory and Additional Agreement shall take effect from and after the date of the President’s Proclamation which shall give effect thereto, and shall be and continue in force during the con- tinuance in force of the said Commercial Agreement, signed Mav 28th, 1898. Done in duplicate in English and French texts at Washington this twentieth day of August, one thousand nine hundred and two. [seal] Alvey A. Adee [seal] Pierre de Margerie 1904. Relations in Tunis. Signed March 15, 190 Jf.; ratification advised hy the Senate March 2^, lOOJf,’ ratified hy the President May 6, 1904; ratifications exchanged May 7, 1904; proclaimed May 9, 1904. Abticles : I. Renunciation of treaties with Tunis, I II. Ratification, etc. I The President of the United States of America and the President of the French Republic, acting in his own name as Avell as in that of His Highness the Bey of Tunis, desiring to determine the relations between the United States and France in Tunis, and desiring to de- fine the treaty situation of the United States in the Regency, have named for that purpose the folloiving plenipotentiaries: The President of the United States of America, John Hay, Secre- tary of State of the United States; and The President of the French Republic, J. J. Jusserand, Ambassa- dor Extraordinary and Plenipotentiary of France at Washington; PEAXCE — 1904. 545 Who, after communicating to each other their full powers, which were found in good and due form, have agreed upon the following Articles : Article I. The Government of the United States declares that it renounces the right of invoking in Tunis the stipulations of the Treaties made between the United States and the Bey of Tunis in August 1797, and in February 1824, and that it will refrain from claiming for its Con- suls and citizens in Tunis other rights and privileges than those which belong to them in virtue of international law or which belong to them in France by reason of treaties in existence between the United States and France. The Government of the F rench Eepublic agrees on its side to assure these rights and privileges in Tunis to the Consuls and citizens of the United States and to extend to them the advantage of all treaties and conventions existing between the United States and France. Article II. The present convention shall be ratified and the ratifications shall be exchanged at Washington as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the foregoing Articles and have affixed their seals. Done in duplicate at Washington, in the English and French lan- guages, the 15th day of March, in the year 1904. John Hay [seal.] JUSSERAND [seal.] 1905. Protection of Trade-Marks in China. Agreement effected Jjy exchange of notes October J, 1905. American Legation, Peking., China., October 3, 1905. Mr. INIinister and dear Colleague : The Government of the United States being desirous of reaching an understanding with the Government of the French Republic for the reciprocal protection against infringement in China by citizens of our respective nations of trade marks duly registered in the United States and France, I am authorized, by the Secretary of State of the United States, to inform you that effectual provision exists in American Consular Courts in China for the trial and punishment of all persons subject to the jurisdiction of the United States who may be charged with and found guilty of infringing in any way trade marks of persons subject to the jurisdiction of France which have been duly registered in the United States. I beg that you will kindly inform me whether American citizens are entitled to the same legal remedies in the Consular Courts of France in China as regards the protection from infringement of their (rade marks duly registered in France. I have the honor to be. My dear Colleague, Your obedient servant, W. W. Rockhill. His Excellency Monsieur Dubail, etc.., etc., etc. 24449— VOL 1—10 35 546 TREATIES, CONVENTIONS, ETC. [Translation.] Legation of the French Republic in China, Peking^ October 3, 1905. Mr. Minister and dear Colleague : By your despatch of this day Your Excellency has been pleased to inform me that the Govern- ment of the United States of America being desirous of reaching an understanding with the Government of the Republic for the reciprocal protection of trade marks, you have been authorized to state to me that the American Consular Courts in China are competent in all matters relating to the counterfeiting of trade marks by persons under the jurisdiction of the United States. Any complaint made by a person under French jurisdiction to an American Consular Court for the purpose of securing against persons under American jurisdiction protection for a trade mark duly regis- tered in the United States of America will be heard by said courts in first instance and on appeal by the competent courts. I have the honor to confirm to Your Excellency this declaration which responds to the request I had made jmu. So as to perfect the understanding thus arrived at by both countries I am authorized to state on my side to Your Excellency that the Government of the Reiiublic will willingly insure in China protection for duly registered American trade marks which may be counterfeited by persons under French jurisdiction. To that end French Consular Courts in China, for complaints in first instance, and the Court of Saigon, for appeals, will be comjietent to hear all such cases presented by persons under American juris- diction. Please accept, Mr. Minister and dear Colleague, the assurance of my highest consideration. G. Dubail. Peking, January 22, 1906. Mr. Minister and dear Colleague : In connection with the notes which I had the honor to exchange with Your Excellency on Octo- ber 3, 1905, looking to the reciprocal protection from infringement by our respective nationals in China of trade marks belonging to them I duly transmitted copies of the same to my Government. In reply the Secretary of State has called to my attention, as possibly misleading, the use made in my note to you of the word “ punishment ” by our Consular Courts in China of American citi- zens who may have infringed in China trade marks the property of persons under the jurisdiction of France. In view of the fact that there is no statute in the United States making the infringement, counterfeiting, etc., of a trade mark a criminal offense, and that effectual provision exists by a civil action for damages by the owner of a trade mark, my Government is of the opinion that the word “ punishment ” should be understood to refer to a civil action only, and not to a criminal jirocedure, as might be inferred from the use of the word in question without the present explanation added thereto. I beg leave to call Your Excellencj^’s attention to the above pro- vision of our law, so that nothing in my note of October 3. last, may be construed as conflicting therewith. FKANCE — 1904-1908. 547 I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. W. W. Eockhill. To His Excellency M. Dubail, etc.^ etc.^ etc. 1908.“ Additional Commercial Agreement. Signed January 28, 1908. Articles. I. Concessions by France. I III. Commissiontoexamineregulations. II. Concessions by the United States. | IV. Effect; duration. The Government of the United States of America and the Govern- ment of the French Kepublic, considering it appropriate to supple- ment by a new additional Agreement the Commercial Agreements signed between the two countries, at Washington, on May 28, 1898, and August 20, 1902, respectively, have appointed as their Plenipo- tentiaries, to wit : The President of the United States of America, the Honorable Elihu Root, Secretary of State of the United States: and The Pi’esident of the French Republic, His Excellency J. J. Jusse- rand. Ambassador of the French Republic to the United States of America, Who, after an exchange of their respective full powers, found to be in due and proper form, have agreed ujion the following articles : Article I. It is agreed, on the part of the French Government that the applica- tion of the duties of the general tariff to coffee, cacao, chocolate, vanilla and other food products known in the French tariff law as “ denrees coloniales de consommation^’’ except sugar and its by-prod- ucts and tobacco, products of the United States, including Porto Rico, shall be conditionally suspended and that the said products shall be admitted into France and Algeria at the rates of the mini- mum tariff or at the lowest rates applied to the like products of any other foreign origin. In addition, mineral oils from the United States and coming under the decree of July 7, 1893, shall upon entry into France and Algeria enjoy the benefits of the lowest rates of duty. But it is expressly understood that these concessions may be with- drawn in the discretion of the President of the French Republic whenever additional duties beyond those now existing and which may be deemed by him unjust to the commerce of France shall be im- posed by the United States on products of France. “Terminated October 31, 1909, under tariff act of 1909. 548 TREATIES, CONVENTIONS, ETC. Article II. It is reciprocally agreed on the part of the United States, in ac- cordance with the provisions of Section 3 of the United States Tariff Act of 1897, that the rates of duty heretofore imposed and collected, under the said Act, on Champagne and all other French sparkling wines upon entering the United States and the Island of Porto Rico shall be conditionally suspended and, instead, the following duties shall be imposed and collected, to wit : On Champagne and all other sparkling wines, in bottles contain- ing not more than one quart and more than one pint, six dollars per dozen ; containing not more than one pint each and more than one- half pint, three dollars per dozen; containing one-half pint each or less, one dollar and fifty cents per dozen; in bottles or other vessels containing more than one quart each, in addition to six dollars per dozen bottles on the quantities in excess of one quart, at the rate of one dollar and ninety cents per gallon. But it is expressly understood that this concession may be with- drawn in the discretion of the President of the United States when- ever additional duties beyond those now existing and which may be deemed by him unjust to the commerce of the United States shall be imposed by France on products of the United States. Article III. It is further agreed that, inasmuch as complaints have arisen in both countries regarding the effect of the regulations in force in the respective countries affecting the admission of each other's products, and to the end that if there b’e in the regulations of either country any provisions which unnecessarily restrict trade, such provisions may be modified, and the cause of complaint removed, a commission of three experts shall be appointed by the Government of the United States and a like commission of three experts shall be appointed by the Government of France. Such Commissions shall in conference each with the other inquire into and ascertain fully the existing conditions in each country as bearing upon the necessity of the regulations affecting the trade of the other country and as bearing upon the practicability of reciprocal tariff concessions. Each com- mission shall report to its own Government thereon. It is further agreed that upon the basis of the report so made the two Governments shall enter upon an exchange of views to the end. that if possible all cause of complaint in their respective regulations regarding the admission of any of the products of either country to the other may be removed. Article IY. This additional Agreement shall take effect and be in force on and after the first day of February, one thousand nine hundred and eight, and shall continue in force so long as the Agreements signed on May 28, 1898, and August 20, 1902, shall remain in force. Done in duplicate in English and French texts at Washington, this twenty-eighth day of January, one thousand nine hundred and eight. Elihu Root [seal] JUSSERAND [seal] FRANCE — 1908. 549 1908. Arbitration Convention. Signed at W ashington February 10, 1908; ratification advised 'by 'the Senate February 19, 1908; ratifed by the President February £7, 1908; ratif cations exchanged at W ashington March 12, 1908; 'pro- claimed March 11/., 1908. Articles. I. Differences to be submitted. I III. Ratification. II. Special agreement. I The Government of the United States of America and the Govern- ment of the French Republic, signatories of the Convention for the pacific settlement of international disputes, concluded at The Hague on the 29th July, 1899; Taking into consideration that by Article XIX of that Convention the High Contracting Parties have reserved to themselves the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treat- ment. Have authorized the Undersigned to conclude the following ar- rangement : — Article I. Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two Contracting Par- ties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, provided, nevertheless, that they do not affect the vital interests, the independ- ence, or the honor of the two Contracting States, and do not con- cern the interests of third Parties. Article II. In each individual case the High Contracting Parties, before ap- pealing to the Permanent Court of Arbitration, shall conclude a special Agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the pro- cedure. It is understood that on the part of the United States such .special agreements will be made by the President of the United States, by and with the advice and consent of the Senate, and on the part of France they will be subject to the procedure required by the constitutional laws of France. Article III. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; it shall become effective on the day of such ratifica- tion, and shall remain in force for a period of five years thereafter. Done in duplicate in the English and French languages, at Wash- ington, this tenth day of February, in the year 1908. Elihu Root [seal] JuSSERAND [seal] GERMA^^ EMPIRE. The formation of the German Empire in 1871 by the consolidation of the North German Union, etc., has in some instances abrogated the treaties entered into with the independent German governments now embraced in the Empire, but reference is here given to all the separate governments with which treaties have been concluded. See Baden, Bavaria, Bremen, Brunswick and Liineberg, Hanover, Hanseatic Republics, Hesse, Mecklenburg-Schwerin, Mecklenburg- Strelitz, Nassau, North German Union, Oldenburg, Prussia, Saxony, Schaumburg-Lippe, Wiirttemburg. 1871. Consular Convention.® Concluded December 77, 1871; rati-fication advised by the Senate January 18^ 1872 ; ratified by the President January 26, 1872; rati- fications exchanged April 29, 1872: proclaimed June 1, 1872. Articles. I. Consular officers. II. Exequaturs. III. Privileges and immunities. IV. Arms and flags. V. Inviolability of consulates. VI. Temporary vacancies. VII. Consular agencies. VIII. Communications with authorities. IX. Notarial authority. X. Property of decedents. XI. Effects of deceased sailors and passengers. XII. Authority over ships. XIII. Disputes between officers and crews of ships. XIV. Deserters from ships. XV. Damages to vessels at sea. XVI. Shipwrecks. XVH. Trade-mark protection. XVm. Duration; ratification. Protocol. As to meaning of “ prop- erty,” and “deceased citizens.” The President of the United States of America and His Majesty the Emperor of Germany, King of Prussia, in the name of the Ger- man Empire, led by the wish to define the rights, privileges, immuni- ties and duties of the respective Consular Agents, have agreed upon the conclusion of a Consular Convention, and for that purpose have appointed their Plenipotentiaries, namely: The President of the United States of America, George Bancroft, Envoy Extraordinary and Minister Plenipotentiary from the said States, near His Majesty the Emperor of Germany; His Majest}'^ 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 Agents in all “Federal cases: The Burcfiard (42 Fed. Rep., 608), Ricfiter v. Reynolds (59 Fed. Rep., 577), The Neck (138 Fed. Rep., 144), The Baker (171 Fed. Rep., 485). 550 GERMAN EMPIRE ISll. 551 its ports, cities and places, except those where it may not be conven- ient to recognize such officers. This reservation, however, shall not apply to one of the Contracting Parties without 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 func- tions shall be furnished to them free of charge, and, on the exhibition of this instrument, they shall be admitted at once, and without diffi- culty, by the territorial authorities. Federal, State or communal, judi- cial, 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. Article III. The respective Consuls-General, Consuls, Vice-Consuls or Consular Agents, as well as their Chancellors and Secretaries, shall enjoy in the two countries all privileges, exemptions and immunities which have been granted, or may in future be granted, to the Agents of the same rank of the most favored nation. Consular officers, not being citizens of the country where they are accredited, shall enjoy, in the country of their residence, personal immunity from arrest or impris- onment excejit in the case of crimes, exemption from military billet- ings and contributions, from military service of every sort and other public duties, and from all direct or personal or sumptuary taxes, duties and contributions, whether Federal, State or municipal. If, however, the said consular officers are or become owners of property in the country in which they reside, or engage in commerce, they shall be subject to the same taxes and imposts, and to the same jurisdiction, as citizens of the country, property-holders or merchants. But under no circumstances shall their official income be subject to any tax. Consular officers who engage in commerce shall not plead their consu- lar privileges to avoid their 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 place over the outer door of their offices, or of their dwellings, the arms of their nation, with the proper inscription indicative of the office. And they may also hoist the flag of their country on the con- sular 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. 552 TREATIES, CONVENTIONS, ETC. Article V. The consular archives shall be at all times inviolable, and under no pretence whatever shall the local authorities be allowed to examine or seize the papers forming part of them. When, however, a con- sular officer is engaged in other business, the papers relating to the consulate shall be kept in a separate enclosure. The offices and dwellings of Consules missi who are not citizens of the country of their residence shall be at all times inviolable. The local authorities shall not, except in the case of the pursuit for crimes, under any pretext invade them. In no case shall they exam- ine 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, Consuls, Vice-Consuls and Consular Agents, their Chancellors or Secretaries, whose official character may have previously been made known to the respective authorities in Germany or in the United States, may temporarily exercise their functions, and, while thus acting, they shall enjoy all the rights, prerogatives and immunities granted by this convention to the incumbents. Article VII. Consuls-General and Consuls may, with the approbation of their respective Governments, appoint Vice-Consuls and Consular Agents in the cities, ports and places within their consular jurisdiction. These officers may be citizens of Germany, of the United States, or any other country. They shall be furnished with a commission by the Consul who appoints them and under whose orders they are to act, or by the Government of the country which he represents. They shall enjoy the privileges stipulated for consular officers in this con- vention, 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, within the extent of their consular district, for the redress of any infraction of the treaties and conventions existing between the two countries, or of interna- tional law ; to ask information of said authorities, and to address said authorities to the end of protecting the rights and interests of their countrymen, especially in cases of the absence 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 applica- tion, the consular officers aforesaid, in the absence of a diplomatic agent of their country, may apply directly to the Government of the country where they reside. Article IX. Consuls-General, Consuls, Vice-Consuls and Consular Agents of the two countries, or their Chancellors, shall have the right, conformably to the laws and regulations of their country. GERMAN EMPIRE — 1811. 553 1. To take at their office or dwelling, at the residence of the parties, or on board of vessels of their own nation, the depositions of the cap- tains and crews, of passengers on board of them, of merchants, or of any other citizens of their own country. 2. To receive and verify unilateral acts, wills and bequests of their 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, provided they relate to property sit- uated 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 such Consul- General, Consul, Vice-Consul or Consular Agent, under his official seal, shall be received by public officials, and in courts of justice as legal documents, or as authenticated copies, as the case may be, and shall have the same force and effect as if drawn up or authenticated by competent public officers of one or the other of the two countries. Article X. In case of the death of any citizen of Germany in the United States, or of any citizen of the United States, in the German Em- pire, without having in the country of his decease any known heirs or testamentary executors by him appointed, the competent local au- thorities shall at once inform the nearest consular officer of the nation to which the deceased belongs of the circumstance, in order that the necessary information may be immediately forwarded to parties in- terested. The said consular officer shall have the right to appear personally or by delegate in all proceedings on behalf of the absent heirs or cred- itors, until they are duly represented. In all successions to inheritances, citizens of each of the contracting parties shall pay in the country of the other such duties only as they would be liable to pay, if they were citizens of the country in which the property is situated or the judicial administration of the same may be exercised. Article XI. Consuls-General, Consuls, Vice-Consuls and Consular Agents of the two countries are exclusively charged with the inventorying and the safe-keeping of goods and etfects of every kind left by sailors or pas- sengers 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 of their nation admitted to entry and to examine the officers and crews, to examine the ships’ papers, to receive declarations 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 554 TREATIES, CONVENTIONS, ETC. clearance of their vessels, and finally to accompany the said officers or crews before the judicial or administrative authorities of the country, to assist them as their interpreters or agents. The judicial authorities and custom-house officials shall in no case proceed to the examination or search of merchant-vessels without having given previous notice to the consular officers of the nation to which the said vessels belong, in order to enable 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 per- sons belonging to the crew, thus to prevent errors or false interpre- tations which might impede the correct administration of justice. The notice to Consuls, Vice-Consuls or Consular xVgents 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-vessels of their nation, and shall have the exclusive power to take cognizance of and to determine differences of every kind which may arise, either at sea or in port, between the captains, officers and crews, and spe- cially in reference to wages and the execution of mutual contracts. Neither any court or authority shall, on any pretext, interfere in these differences, except in cases where the differences on board ship are of a nature to disturb the peace and public order in port, or on shore, or when persons other than the officers and crew of the vessel are parties to the disturbance. Except as aforesaid, the local authorities shall confine themselves to the rendering of efficient aid to the Consuls, when they may ask it, in order to arrest and hold all persons, whose names are borne on the ship’s articles, and whom they may deem it necessary to detain. Those persons shall be arrested at the sole request of the Consuls, addressed in writing to the local authorities and supported by an official extract from the register of the ship or the list of the crew, and shall be held during the whole time of their stay in the port at the disposal of the Consuls. Their release shall be granted only at the request of the Consuls, made in -writing. The expenses of the arrest and detention of those persons shall be paid by the Consuls. Article XIV. Consuls-General, Consuls, Vice-Consuls or Consular Agents may arrest the officers, sailors and all other persons making part of 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 GERMAN EMPIRE 1871. 555 for the deserters, supporting it by an official extract of the register of the vessel and the list of the crew, or by other official documents, 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 coun- try where the demand is made either at the time of their shipping or of their arrival in the port) shall be given up to the Consuls. All aid 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 de- serters shall be set at liberty, and shall not again be arrested for the same cause. Article XV. In the absence of an agreement to the contrary between the owners, freighters and insurers, all damages sufi'ered at sea by the vessels of the two countries, whether they enter port voluntarily or are forced by stress of weather, shall be settled by the Consuls-General, Con- suls, Vice-Consuls and Consular Agents of the respective countries. If, however, any inhabitant of the country, or citizen or subject of a third Power, shall be interested in the matter, and the parties cannot agree, the competent local authorities shall decide. Article XVI. In the event of a vessel belonging to the Government or owned by a citizen of one of the two contracting parties being wrecked, or cast on shore, on the coast of the other, the local authorities 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, Vice-Consul or Consular Agent of the nearest district. AU proceedings relative to the salvage of American vessels wrecked or cast on shore in the territorial waters of the German Empire shall take place in accordance with the laws of Germany; and, re- ciprocally, all measures of salvage relative to German vessels wrecked or cast on shore in the territorial waters of the United States shall take place in accordance with the laws of the United States. The consular authorities have in both countries to intervene only to superintend the proceedings having reference to the repair and revictualling, 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 proceedings provided for in this article. All merchandise and goods not destined for consumption in the country where the wreck takes place shall be free of all duties. 556 TREATIES, CONVENTIONS, ETC. Article 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 States of America, and American citizens shall enjoy in Germany, the same protection as native citizens. Article XVIII. The present convention shall remain in force for the space of ten years, counting from the day of the exchange of the ratifications, 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.] Geo. Bancroft. [seal.] B. Koenig. PROTOCOL.® 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. Before proceeding to this act, the undersigned. Envoy Extraor- dinary and Minister Plenipotentiary of the United States of America, declared : 1. That, in accordance with the instruction given him by his Gov- ernment, with the advice and consent of the Senate, the expression “ 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 apiilies, not only to persons of the male sex, but also to persons of the female sex. 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 ex- changed, and the present Protocol was in duplicate executed. Berlin, the twenty-ninth April, 1872. Geo. Bancroft. Delbrueck. “ By resolution of April 24, 1872, the Senate advised consent to the execution of this Protocol. GERMAN EMPIRE — 1889-1892-1899. 557 1889. General Act Concerning Samoan Islands, 1889. Concluded June 1889. Note. — For text of this general act bet^yeen United States, Ger- many, and Great Britain, see “ Samoan Islands,” page 1576. 1899. Adjustment of Questions Concerning Samoan Islands. Concluded December 1899. Note. — For text of this treaty see “ Samoan Islands,” page 1595. 1899. Settlement of Samoan Claims. Concluded November 7, 1899. Note. — For text of this treaty between United States, German}’, and Great Britain, see “ Samoan Islands,” page 1589. 1892. Copyright Agreement. Concluded January 15., 1892. Articles. I. Copyrights in Germany. I III. Ratification ; duration. II. Copyrights in the United States. I The President of the United States of America, and His Majesty the German Emperor, King of Prussia, in the name of the German Empire, being actuated by the desire to extend to their subjects and citizens the full benefit of the legal provisions in force in both coun- tries in regard to copyright, have, to this end, decided to conclude an agreement, and have appointed as their plenipotentiaries : The President of the United States of America, James G. Blaine, Secretary of State of the United States ; His Majesty the German Emperor, King of Prussia, Alfons Mumm von Schwarzenstein, his charge d’affaires near the Government of the United States of America, who, being duly authorized, have con- cluded the following agreement, subject to due ratification: 558 TREATIES, CONVENTIONS, ETC. Article I. Citizens of the United States of America shall enjoy, in the Ger- man Empire, the protection of copyright as regards works of litera- ture and art, as well as photographs, against illegal reproduction, on the same basis on which such protection is granted to subjects of the Empire. Article II. The United States Government engages, in return, that the Presi- dent of the United States shall, in pursuance of section 13 of the act of Congress of March 3, 1891, issue the proclamation therein pro- vided for in regard to the extension of the provisions of that act to German subjects, as soon as the Secretary of State shall have been officially notified that the present agreement has received the neces- sary legislative sanction in the German Empire. Article III. This agreement shall be ratified, and the ratifications shall be ex- changed at Washington as soon as possible. The agreement shall go into operation at the expiration of three Aveeks from the date of the exchange of its ratifications, and shall be applicable only to ivorks not published at the time when it shall have gone into operation. It shall remain in force until the expiration of three months from the day on which notice of a desire for the cessa- tion of its effects shall have been given by one of the contracting parties. Done in duplicate, in the English and German languages, at the city of Washington, this 15th day of January, 1892. James G. Blaine, [seal.] A. V. Mumm. [seal.] 1900.« Reciprocal Commercial Arrangement With Germany. Concluded July 10, 1900; proclaimed July 13, 1900. Articles. I. Concessions by United States. I III. Effect ; duration. II. Concessions by Germany. 1 The Undersigned, on behalf of their respective Governments have concluded the following Commercial Agreement. I. In conformity with the authority conferred on the President in Section 3 of the Customs Act of the United States approved July 24, 1897, it is agreed on the part of the United States that the following products of the soil and industry of Germany imported into the United States shall, from and after the date when this Agreement shall be put in force, be subject to the reduced Tariff rates provided by said Section 3, as follows : — Upon argols, or crude tartar, or wine lees, crude, five per centum ad valorem. Denounced by Germany to take effect February 28, 1906. GERMAN EMPIRE 1900-1901. 559 Upon brandies, or other spirits manufactured or distilled from grain or other materials, one dollar and seventy-five cents per proof gallon. Upon still wines, and vermuth, in casks, thirty-five cents per gallon; in bottles or jugs, per case of one dozen bottles or jugs containing each not more than one quart and more than one pint, or twenty four bottles or jugs containing each not more than one pint, one dollar and twenty-five cents per case, and any excess beyond these quantities found in such bottles or jugs shall be subject to a duty of four cents per pint or fractional part thereof, but no separate or additional duty shall be assessed upon the bottles or jugs. Upon paintings in oil or water colors, pastels, pen and ink draw- ings, and statuary, fifteen per centum ad valorem. II. Eeciiirocally the Imperial German Government guarantees to the products of the United States on their entry into Germany the Tariff rates which have been conceded by the Commercial Treaties concluded during the years 1891-1891 between Germany on the one part, and Belgium, Italy, Austria-Hungary, Roumania, Russia, Swit- zerland and Serbia on the other part. Moreover, the Imperial German Government will as soon as this Agreement shall be imt in force, annul the regulations providing that the dried or evaporated fruits imported from the United States into Germany be inspected on account of the San Jose scale. These fruits shall during the continuance in force of this Agreement be admitted into Germany without other charges than the payment of the Cus- toms duties to which they may now or in future be subject by law. III. From and after the date of the President’s Proclamation which shall give effect to this Agreement, the same shall be in force and shall continue in full force until three months from the date when either Party shall notify the other of its intention to terminate the same. Done in duplicate in English and German texts at Washington this tenth day of July one thousand nine hundred. John Hay [seal.] Secretary of State of the United States of America. Holleben [seal.] Ambassador Extraordinary and Plenipotentiary of His Imperial and Royal Majesty the German Emperor., King of Prussia. 1901. Agreement by Exchange of Notes with Germany for the Recip- rocal Protection of Trade-Marks in Morocco. Concluded September 28-October 8, 1901. [Translation.] No. 4. Tangier, September 28th., 1901. Mr. Consul-General: I have the honor to acknowledge the receipt of your letter of the 26th inst., in which you inform me that you have been empowered 560 •TKEATIES, CONVENTIONS, ETC. by your Government to enter into a reciprocal agreement on the basis of that existing between the United States and Great Britain, by which Trade-Marks registered in Germany and the United States will be protected against infringements by German and United States citizens in Morocco, by mutual protection of both Governments. As I have already had the honor to point out in my letter of July 10th of this year addressed to the Consulate-General, the legal con- dition so far as Germany is concerned is already of such a nature, that American merchants are able to claim, without difficulty, the protection of German Consular Courts for Trade-Marks registered in Germany in their dealings with German subjects in Morocco. ' It will therefore be sufficient, in order to perfect a reciprocal agreement, that, in view of the powers granted to you by your Government, you should declare that the same protection should in future be extended in Morocco to Trade-Marks of German merchants, previously regis- tered in the United States, by the U. S. Consular Courts in Morocco, against encroachments of American citizens. If you could make such a declaration in the name of your Govern- ment, I should receive the same with Great pleasure, and I beg of you to receive the expression of my high consideration (Signed) von Bruning. Mr. S. E. Gummere, Consul-General of the Cnited States Tangier. [Translation.] Tangier, October 8th, 1901. Dear Sir : I have the honor to acknowledge the receipt of your let- ter of the 28th of September, 1901, by Avhich you inform me that the German latv extends protection in Morocco to the foreign trade-marks duly registered in Germany. Thanking jmu for this communication I hereby beg to assure you that the protection will be equally granted by the American consular authorities in Morocco to the German Trade-Marks which hai^e been duly registered in the United States in conformity with the Days. Accept, Sir, the assurance of my high consideration. (Signed) S. K. Gummere. Monsieur von Bruning, Charge d' Affaires of Germany. 1905. Protection or Trade-ISIarks in China. Agreement effected hy exchange of notes December 6, 1905. December 6, 1905. Mr. Minister and dear Colleague : The Government of the United States being desirous of reaching an understanding Avith the Government of Germany for the reciprocal protection against in- fringement in China by citizens and subjects of our respective na- GERMAN EMPIRE 1905. 561 tions of trade marks duly registered in the United States and Ger- many, I am authorized by the Secretary of State of the United States to inform you that effectual provision exists in American Consular Courts in China for the trial and punishment of all persons subject to the jurisdiction of the United States who may be charged with and found guilty of infringing in any way trade marks of persons subject to the jurisdiction of Germany which have been duly regis- tered in the United States. I beg that you will kindly inform me whether American citizens are entitled to the same legal remedies in the Consular Courts of Germany in China as regards the protection from infringement of their trade marks duly registered in Germany. I have the honor to be, Mr. Minister and dear Colleague, Your obedient servant, W. W. UoCKHILL. His Excellency, Baron von Mumm, etc., etc., etc. [Translation. ] Imperiae German Legation, Peking, December 6, 1905. Mr. Minister: I have the honor to acknowledge the receipt of your letter of this date informing me that you have been authorized by your Government to effect with me, by an exchange of notes, an ' agreement for the reciprocal protection against infringement in ; China by citizens and subjects of our respective nations of trade marks duly registered in Germany and the United States. 1 You furthermore inform me that effectual provision exists in American Consular Courts in China for the trial and punishment of ] all persons subject to the jurisdiction of the United States who may I be charged with and found guilty of infringing in any way trade f marks of persons subject to the jurisdiction of Germany which have been duly registered in the United States. I have the honor to inform you in* reply that I have been author- J ized by the Chancellor of the German Empire to enter into this i' reciprocal agreement, and to state that German Consular Courts in I China are empowered under the German law for the protection of [ trade marks of May 12th, 1894, to prosecute and punish all persons [ subject to their jurisdiction for infringement , of trade marks the I property of persons coming under the jurisdiction of the United States when cluly registered in Germany. I Furthermore, for the iiurpose of putting this arrangement into ■ j effect, I am authorized and ready to instruct the German Consular II representatives in China in accordance therewith, subject to your taking similar action. I I avail myself of this opportunity to renew the assurances of my highest consideration. ; A. V. Mumm, 1 Hon. W. W. Rockhiee, j etc., etc., etc. 24449— VOL 1—10 36 I 562 TREATIES, CONVENTIONS, ETC. Peking, J anuary 22, 1906. Mr. Minister and dear Colleague: In connection with the notes which I had the honor to exchange with Your Excellency on De- cember 6, 1905, looking to the reciprocal protection from infringe- ment by our respective nationals in China of trade marks belonging to them I duly transmitted cojiies of the same to my Government. In reply the Secretary of State has called to my attention, as possibly misleading, the use made in my note to you of the word “ jiunishment ” by our Consular Courts in China of American citi- zens who may have infringed in China trade marks the projierty of persons under the jurisdiction of Germany. In view of the fact that there is no statute in the United States making the infringement, counterfeiting, etc. of a trade mark a criminal offense, and that effectual provision exists by a civil action for damages by the owner of a trade mark, my Government is of the opinion that the word “ punishment ” should be understood to refer to a civil action only, and not to a criminal procedure, as might be inferred from the use of the word in question without the present explanation added thereto. I beg leave to call Your Excellency’s attention to the above pro- vision of our law, so that nothing in my note of December 6th, last, may be construed as conflicting therewith. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. lY. W. Rockhill. To His Excellency Baron von Mumim, etc., etc., etc. 1906.“ Commercial Proclamation, 1906. Reciprocity with Germany. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. IVhereas the Government of Germany has taken action, extending, on and after March 1, 1906, and until June 30, 1907, or until further notice, the benefit of the German conventional customs tariff to the products of the soil or industry of the United States, by which action in the judgment of the President reciprocal concessions are estab- lished in favor of the said products of the United States : Now, Therefore, be it known that I, Theodore RooSE^^3LT, Presi- dent of the United States of America, acting under the authority conferred by the third section of the Tariff Act of the United States, approved July 24, 1897, do hereby suspend, during the continuance in “ Superseded bj- agreement of April 27, 1907. GERMAN EMPIRE 1906-1907. 563 force of the said concessions by the Government of Germany, the im- position and collection of the duties imposed by the first section of said Act upon the Articles hereinafter specified, being the products of the soil or industry of Germany; and do declare in place thereof the following rates of duty provided in the third section of said Act to be in force and effect on and after March 1, 1906, of which the officers and citizens of the United States will take due notice, namely: Upon argols, or crude tartar, or wine lees, crude, five per centum ad valorem. Upon brandies, or other spirits manufactured or distilled from grain or other materials, one dollar and seventy-five cents per pi’oof gallon. Upon still wines, and vermuth, in casks, thirty-five cents per gal- lon; in bottles or jugs, per case of one dozen bottles or jugs contain- ing each not more than one quart and more than one pint, or twenty- four bottles or jugs containing each not more than one pint, one dollar and twenty-five cents per case, and any excess beyond these quantities found in such bottles or jugs shall be subject to a duty of four cents per pint or fractional part thereof, but no separate or additional duty shall be assessed upon the bottles or jugs. Upon paintings in oil or water colors, pastels, pen and ink draw- ings, and statuary, fifteen per centum ad valorem. In Testimony Whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-seventh day of Feb- ruary, in the year of our Lord one thousand nine hundred [seal.] and six, and of the Independence of the United States of . America the one hundred and thirtieth. Theodore Eoosevelt. By the President: Elihu Root, Secretary of State. 1907.“ Commercial Agreement Signed April ^7, 1907 -May 1907. Articles. I. Concessions by T’nitecl States. V. Application to territories. II. Customs and consular regulations. VI. Ratification. III. Concessions by Germany. IV. Importations through third coun- try. The President of the United States of America, on the one hand, and His Majesty the German Emperor, King of Prussia, in the name “ Terminated on notice given by United States under the direction of the Tariff Act of 1909, to take effect Peb. 6, 1910, 564 TREATIES, CONVENTIONS, ETC. of the German Empire, on the other, animated by a desire to adjust the commercial relations between the two countries until a compre- hensive commercial treaty can be agreed upon, have decided to con- clude a temporary Commercial Agreement, and have appointed as their Plenipotentiaries for that purpose, to wit : The President of the United States of America, the Honorable Elihu Eoot, Secretary of State of the United States; and His Majesty the German Emperor, King of Prussia, His Excel- lency Baron Speck von Sternburg, His Ambassador Extraordinary and Plenipotentiary to the United States of America, Who, after an exchange of their respective full powers, found to be in due and proper form, have agreed upon the following Articles : Article I. In conformity with the authority conferred on the President of the United States in Section 3 of the Tariff Act of the United States approved July 24, 1897, it is agreed on the part of the United States that the following products of the soil and industry of Germany imported into the United States shall, from and after the date when this Agreement shall be put in force, be subject to the reduced Tariff rates provided by said Section 3, as follows ; Argols, or crude tartar, or wine lees, crude, five per centum ad valorem. Brandies, or other spirits manufactured or distilled from grain or other materials, one dollar and seventy-five cents per proof gallon. Champagne and all other sparkling wines, in bottles containing not more than one quart and more than one pint, six dollars per dozen ; containing not more than one pint each and more than one- half pint, three dollars per dozen ; containing one-half pint each or less, one dollar and fifty cents per dozen ; in bottles or other vessels containing more than one quart each, in addition to six dollars per dozen bottles on the quantities in excess of one quart, at the rate of one dollar and ninety cents per gallon. Still wines, and vermutli, in casks, thirty-five cents jier gallon; in bottles or jugs, per case of one dozen bottles or jugs containing each not more than one quart and more than one pint, or twenty-four bottles or jugs containing each not more than one pint, one dollar and twenty-five cents per case, and any excess beyond these quantities found in such bottles or jugs shall be subject to a duty of four cents per pint or fractional part thereof, but no separate or additional duty shall be assessed upon the bottles or jugs. Paintings in oil or Avater colors, pastels, pen and ink drawings, and statuary, fifteen per centum ad valorem. Article II. It is further agreed on the part of the United States that the modifications of the Customs and Consular Kegulations set forth in the annexed diplomatic- note, and made a part of the consideration of this Agreement, shall go into effect as soon as possible and not later than from the date when this Agreement shall be put in force. GERMAN EMPIRE 1907. 565 Article III. Reciprocally, the Imperial German Government concedes to the products of the soil and industry of the United States enumerated in the attached list upon their importation into Germany the rates of duty indicated therein. Article IV. The provisions of Articles I and III shall apply not only to products imported directly from the country of one of the contract- ing parties into that of the other, but also to products which are imported into the respective countries through a third country, so long as such products have not been subject to any further processes of manufacture in that country. Article V. The present Agreement shall apply also to countries or territories which are now or may in the future constitute a part of the Customs territory of either contracting party. Article VI. The present Agreement shall be ratified by His Majesty the German Emperor, King of Prussia, as soon as possible, and upon official notice thereof the President of the United States shall issue his proclamation giving full effect to the respective provisions of this Agreement. This Agreement shall take effect on July 1, 1907, and remain in force until June 30, 1908. In case neither of the contracting parties shall have given notice six months before the expiration of the above term of its intention to terminate the said Agreement, it shall remain in force until six months from the date when either of the contract- ing parties shall notify the other of its intention to terminate the same. Done in duplicate in English and German texts. In testimony whereof, the Plenipotentiaries above mentioned have subscribed their names hereto at the places and on the dates expressed under their several signatures. Elihu Root [seal.] Washington, Afril 22, 1907. Sternburg. [seal.] Levico, May 2, 1907. Excellency : Department of State, W ashington, April 22, 1907. Referring to the Commercial Agreement signed this day between the Imperial German Government and the Government of the United States, I have the honor to inform you that instructions to the cus- toms and consular officers of the United States and others concerned 566 TREATIES, CONVENTIONS, ETC. will be issued to cover the following points and shall remain in force for the term of the aforesaid Agreement : A. Market value as dehned by section 19 of the Customs Adminis- trative Act shall be construed to mean the export price whenever goods, wares, and merchandise are sold wholly for export, or sold in the home market only in limited quantities, by reason of which facts there can not be established a market value based upon the sale of such goods, wares, and merchandise in usual wholesale quantities, packed ready for shipment to the United States. B. Statements provided for in section 8 of the Customs Administra- tive Act are not to be required by consular officers except upon the request of the appraiser of the port, after entry of the goods. The Consular Regulations of 1896, paragraph 674, shall be amended accordingly. C. In reappraisement cases, the hearing shall be open and in the presence of the importer or his attorney, unless the Board of Ap- praisers shall certify to the Secretary of the Treasury that the public interest will suffer thereby; but in the latter case the importer shall be furnished with a summary of the facts developed at the closed hearing upon which the reappraisement is based. D. The practice in regard to •“ personal appearance before consul,” “ original bills,” “ declaration of name of ship,” shall be made uni- form in the sense — 1. That the personal appearance before the consular officer shall be demanded only in exceptional cases, where special reasons require a personal explanation. 2. That the original bills are only to be requested in cases where invoices presented to the consular officer for authentication include goods of various kinds that have been purchased from different manufacturers at places more or less remote from the consulate and that these bills shall be returned after inspection by the consular officer. 3. That the declaration of the name of the ship in the invoice shall be dispensed with whenever the exporter at the time the invoice is presented for authentication is unable to name the ship. Paragraph 678 of such regulations, as amended March 1, 1906, shall be further amended by striking out the words : “ Whenever the invoice is presented to be consulated in a coun- try other than the one from which the merchandise is being directly exported to the United States.” And by inserting after the first sentence the following clause: “As place, in which the merchandise was purchased, is to be con- sidered the place where the contract was made, whenever this was done at the place where the exporter has his office.” Paragraph 681 of the Consular Regulations of 1896 relative to “ swearing to the invoice ” shall be revoked. GERMAN EMPIRE 1907. 567 E. Special agents, confidential agents, and others sent by the Treasury Department to investigate questions bearing upon customs admin- istration shall be accredited to the German Government through the Department of State at Washington and the Foreign Office at Berlin, and such agents shall cooperate with the several chambers of com- merce located in the territory apportioned to such agents. It is hereby understood that the general principle as to personce gratm shall apply to these officials. F. The certificates as to value issued by German chambers of com- merce shall be accepted by appraisers as competent evidence and be considered by them in connection with such other evidence as may be adduced. Accept, Excellency, the renewed assurance of in}" highest con- sideration. Elihu Boot His Excellency Baron Speck von Sternburc, Imperial German Ambassador. RATES OF IMPORT DUTY IN GERMANY. The German general tariff mentioned in this list is the Customs Tariff of December 25, 1902, as formulated by the German Customs Law of the same day. Numbers of the German general tariff. 1 2 3 4 7 10 11 12 15 18 19 ex 45 ex 46 ex 47 Articles. Rate of duty. Rye per 100 kilos.. Wheat and spelt do Barley: Mai tin g barley do other barley do Oats do Maize (Indian corn) and sorghum [Dari] do Rice, notcleaned [un-policrl] do Beans for food do Pease, lentils do Beans for fodder (horse beans, etc.), lupines, vetches do Linseed, hemp seed Red-clover seed, white-clover seed, and other clover seed Grass seed of all kinds Grapes: Fresh- Table grapes, sent otherwise than by post in packages weighing up to 5 kilos. Inclusive per 100 kilos. . Other do Walnuts and hazelnuts, unripe (green) or ripe, even if shelled, ground, or otherwise broken up or simply prepared per 100 kilos. . (ex 47-49 Other fruit): Fresh — Apples, pears, quinces — Sent by post in packages weighing not more than 5 kilos Imported Otherwise- Unpacked or only in sacks of at least 50 kilos gross weight — From September 1 to November 30 From December 1 to August 31 per 100 kilos. . Otherwise packed— In single covering do In more than one covering do MarTcs. 5.00 5.50 4.00 1.30 5. 00 3.00 4.00 2.00 1.50 1.50 Free. Free. Free. 4.00 10. 00 2.00 Free. Free. 2.00 3.20 5.00 568 TREATIES, CONVENTIONS, ETC. Numbers of the German general tariff. ex 47 48 49 ex 51 ex 59 74 75 76 Articles. (ex 47-49 Other fruit)— Continued. Fresh — Continued. Apricots Peaches — Sent by post in packages weighing not more than 5 kilos Imported otherwise per 100 kilos. . Medlars Plums ofall kinds, cherries, mahaleb cherries [W cichsdn]— Sent by post In packages weighing not more than 5 kilos Imported otherwise — Prunus domestica \Hauszwetschgen\— From September 1 to November 30 From December 1 to August 31 per 100 kilos. Other plums do. .. Cherries for use in the distillation of spirits, by permission and with control over their use Other cherries; mahaleb cherries [IFficftsf fra] per 100 kilos. H ips and sloes and other s tone or kernel fruit not mentioned above Strawberries— Sen t b y pos t in packages weigh ing no t more than 5 kilos Imported otherwise per 100 kilos. Raspberries, currants, gooseberries, blackberries, bilberries (huckleberries), elderberries, j uniper berries, and other edible berries, except cranberries Aof£.— Apples, pears, and quinces, fresh, are treated as unpacked if they are imported loose or in sacks of at least 50 kilos gross weight in vehicles pro- vided with not more than eight compartments. Similarly, apples, pears, and quinces, fresh, are treated as unpacked it imported loose or in sacks of at least 50 kilos gross weight in ships provided with compartments on condition that the capacity of each compartment is not less than 6 cubic meters. The compartments of vehicles or ships may be carpeted or covered with straw or lined with paper or straw, or may even be formed of layers of straw. Dried, kiln-dried (cut up and peeled or not) — Apples and pears, including waste capable of use .”. per 100 kilos. Apricots and peaches do. . . Piums of all kinds — Loose or in casks or sacks weighing at least 50 kilos gross weight, per 100 kilos In boxes weighing at least 10 kilos gross weight per 100 kilos. Packed otherwise do. . . Other dried or kiln-dried fruit do... Ground, pulped, powdered, or otherwise broken; also salted, cooked without sugar, or otherwise simply prepared; fermented per 100 kilos. Oranges, fresh do. . . Juices of fruits [06sf] (except of grape), not fermented, not containing ether or alcohoi, not boiled down, or boiled down without the addition of sugar, sterilized or not, per 100 kilos (74-76) Timber for building and industrial purposes, not separately mentioned in the general tariff: Rough or merely cut across with the ax or saw, with or without the bark — Ty . /per 100 kilos (, ,, /per 100 kilos \or per cubic meter. Hewn longitudinally or otherwise prepared or cut up with the ax; also shavings produced by rending and shavings intended for the clarification of liquids pro- duced otherwise than by rending- TTorrI /pBr 100 MlOS (or per cubic meter. „ /per 100 kilos \or per cubic meter. Sawn longitudinally or otherwise prepared, not planed — TTorH Jper 100 kilos \or per cubic meter, Of. /per 100 kilos Notes to Nos. 7.5 and 70. Shingle boards grooved by the saw only will pay duty under No. 76 as shingle boards merely sawn. Square timber (baulks, planks, etc.) hewn longitudinally, sawn or other- wise prepared, not planed, having only peg holes, pegs, slits, grooves, or bored holes, will pay conventional duty under Nos. 75 and 76, with a surtax as follows: If the duty is paid by weight, 0.20 mark per 100 kilos. If the duty is paid by volume — Hardwood 1.60 marks per cubic meter. Softwood 1.20 marks per cubic meter. Rate of duty. Marks. Free. Free. 2.00 Free. Free. Free. 2.00 2.00 Free. 1.00 Free. Free. 10.00 Free. 4.00 4.00 4.00 .12 1.08 .12 .72 .24 1.92 .24 1.44 .72 5.76 .72 4.32 8888 8S5 GERMAN EMPIRE- — 1907, 569 Numbers of the German general tariff. Articles. 81 82 83 104 105 106 107 108 ex 110 ex 126 127 ex 162 ex 180 ex 185 198 ex 219 (74-76) Timber for building and industrial purposes, etc.,— Continued. Sawn longitudinally or otherwise prepared, not planed— Continued. Notes to Nos. 74-76. 1. Wood for building or industrial purposes, merely steamed (not at the same time colored), as also the same wood impregnated or otherwise chem- ically treated with the object only of increasing its durability, will pay duty under Nos. 74-76 without a surtax. Colored wood, or wood chemically treated for the purpose of being colored, is subjected to a surtax as follows: If the duty is paid by volume, per cubic meter 2.40 marks. If the duty is paid by weight, per 100 kilos — Hard wood 30 mark. Soft wood 40 mark. 2. The duty on wood included under these numbers may be paid either 1 y weight or by measure, at the importer’s option. Wooden blocks for paving: /per 100 kilos Hard wood meter, . (per 100 kilos Soft wood pg^ gyjjjg meter. . Note. — Wooden paving blocks, steamed, impregnated, or otherwise chem- ically treated, pay the conventional rates of No. 81, without surtax. Naves, fellies, spokes, as well as pieces of wood recognizable as roughly shaped for these objects: (rplfcS™*:: (per 100 kilos Of soft wood ior per cubic meter. . Wood for casks (staves and headings), also pieces of wood recognizable as roughly shaped for these objects, not colored, not planed: Of oak. (per 100 kilos. ■\o lor per cubic meter Ot other h.rd wood {Sf'pl” Slteneir Note. — The duty on wood for casks is not affected by mere treatment with the drawing knife or by smoothing the edges with the plane. (ex 100-107) Live stock: Sheep per 100 kilos live weight Goats Hogs.. .7 per 100 kilos live weight Poultry- Geese Fowls of all kinds and other poultry per 100 kilos net weight Meat, except bacon, and edible entrails of animals, except those of poultry: Fresh or chilled per 100 kilos Frozen do.. Note. — Hogs, cut up, including the bacon adhering thereto, are dutiable at the conventional rate of 35 marks. Simply prepared per 100 kilos. Prepared for the table do. . . Notes. 1. Slaughtered animals, fit for consumption, pay the same duty as fresh meat. 2. Fresh and simply prepared meat, free from bone (also tongues, but not edible entrails), is subject to a surtax of 10 per cent. Pickled and smoked hams (fore and hind hams) pay the conventional rate on meat simply prepared, without a surtax. Poultry: Killed, not prepared, carved up or not per 100 kilos. Larded or otherwise simply prepared do. . . Greases and grease-like fats (hog’s lard, goose grease, beef marrow, and other grease- like fats), except oleomargarine per 100 kilos. Hog’s fat and goose fat, raw (not rendered nor pressed), excep£ bacon and intestinal fat; also edible greaves per 100 kilos. Flour, burned or roasted or not, of grain, except oats do. . . Wine and fresh must of grapes, sterilized or not, in casks or tank wagons, of an alco- holic strength of not more than 14 per cent by weight per 100 kilos. Fruit wine (also fruit must in process of fermentation) in casks per 100 kilos. Common baker’s produce (without the addition of eggs, lard, spices, sugar, or the •'1(e) per 100 kilos. Articles of food or consumption of all sorts (not including beverages) in hermetically sealed receptacles, unless subject as such to higher duties: Apricot sauce, without addition of sugar or sirup, in tin receptacles, weighing at least 5 kilos per 100 kilos. Preserved tomatoes; olives, whether preserved or not in vinegar, oil, or brine, per 100 kilos Other articles of food or consumption, except milk and cream, in hermetically sealed receptacles, so far as they are not subject to higher rates of duty as such, per 100 kilos Rate of duty. 0. 72 5. 76 .72 4.32 .72 5. 76 .72 4. 32 .20 1.60 .30 2.40 .30 1.80 8.00 Free. 9.00 Free. 4.00 35.00 35.00 35.00 75.00 14. 00 20. 00 10.00 5.00 10.20 20.00 3.00 10.20 5.00 30.00 60. 00 570 TREATIES, CONVENTIONS, ETC. Numbers of the German general tariff. 225 233 ex 239 249 ex 250 251 ex 258 259 200 ex 316 373 374 375 ex 385 545 ex 546 556 Articles. Pumice stone, emery, Vienna lime (powdered quicklime for polishing or cleaning), tripoli and similar mineral grinding, polishing, and cleaning substances, raw, ground, or washed: In boxes, glasses, jars, or other packages suitable for retail sale, per 100 kilos In other receptacles, also shaped in bricks Slate: Rough blocks Rough slabs, rough table slabs. per 100 kilos. Roofing slates do Note. — Slabs of slate more than 20 centimeters thick are to be treated as blocks. Petroleum, fluid natural mineral tar, brown coal tar oil, peat oil, shale oil, oil from the tar of bog-head or cannel coal, and other mineral oils not otherwise enumerated in the general tariff, crude or refined: Lubricating oils; residues from the distillation of mineral oils, containing paraffin or of a taiTy or pitchy nature, the latter provided that they do not sink in water; rosin oil per 100 kilos. Heavy benzine of a specific gravity of more than 0.750 up to 0.770, inclusive, at 15° C., for driving motors, manufactured in inland factories or imported from foreign countries, under control per ICO kilos. Gas oil of a specific gravity of over 0.830 up to 0.880, inclusive, at 15° C., for driving motors, or for the carburation of water gas, manufactured in inland factories or imported from foreign countries, under control per 100 kilos. Note. — Petroleum and other refined mineral oils, not specially mentioned, suitable for illuminating purposes, may, at the option of the importer, be as- sessed for duty according to weight on the basis of 100 kilos, or according to volume, upon the condition that 125 liters, at a temperature of 15° C,, are con- sidered to be equivalent to 100 kilos, net weight, of the fluid. Mineral wax (ozocerite), refined, and ceresin (made from mineral wax, mixed or not with paraffin), in blocks, tablets, or balls; wax stumps [Wachsstumpfc^ of refined mineral wax and of ceresin per 100 kilos. Paraffin, crude (paraffin scales, paraffin butter, etc.) or refined, except soft paraffin, per 100 kilos Soft paraffin per 100 kilos Paraffin ointment, vaseline and vaseline ointment (not scented), per 100 kilos gross weight. Axle grease per 100 kilos Other lubricants, manufactured, of fats or oils, liquid or solid, molded into shapes cr not per 100 kilos gross weight Calcium carbide Casein, casein gum, and similar preparations, so far as they are not included under No. 2064)f the general tariff per 100 kilos. Glue in the rough (delimed bones) do. . . Glue of all sorts (except albuminous glue), solid or liquid; gelatin, even colored, per 100 kilos Licorice juice: Mixed with sugar, honey, oil of aniseed, sal ammoniac, or other flavoring or medicinal ingredients, or made up for retail sale per 100 kilos. Other, raw or purified, even in sticks packed in boxes or other larger coverings serving for the purpose of transportation only (ex 545-547) Leather, half or entirely dressed, whether prepared or not, not otherwise mentioned in the general tariff: Of a net weight of more than 3 kilos each piece — Entire hides or half hides, with the heads, necks, bellies, and hoofs unsepa- rated; head, neck, and belly pieces and hoofs, as well as horse shields, without regard to the weight of the pieces per 100 kilos . Pig leather, without regard to the weight of the pieces do. . . Bend leather [ Kernstiicke] do. . . Note.— Leather, including bend leather, of a net weight of more than 3 kilos per piece, for the manufacture of driving belts, with permit, and under control per 100 kilos. Of a net weight of from 1 to 3 kilos each piece — Calf, natural color (natural bro^vn) do. . . Other calf do. . . (ex 555-556) Boots and shoes of leather of all kinds. Including those made from hides with the hair still on and those made from fish or reptile skins: With soles of materials other than wood— Weighing more than 1,200 grams per pair per 100 kilos. Weighing more than 600 and up to 1,200 grams per pair; boot uppers of leather of all kinds, with elastic insertions, without regard to weight, per 100 kilos Weighing 600 grams or less per pair per 100 kilos. Slippers and house shoes, without regard to weight do. . . Notes. 1. Linings, trimmings, and ornaments of all kinds (buckles, bows, tas- sels,, embroideries, laces, etc.), of other materials, including silk, but not including fur, do not affect the tariff treatment. 2. The following are to be treated as slippers and house shoes: Shoes which give no support to the instep or the heel, and are not in any other way (c. g., by lacing, buttons, or elastic sides) adapted for closely fitting the foot. The conventional duty is also applicable to slippers and house shoes with a heel piece, but not to those with a raised heel. Rate of duty. Marks. 2.00 Free. Free. l.CO .65 6.00 2.00 3.00 10.00 10.00 8.00 10.00 6.00 7. 50 Free. 6.00 3.00 3.00 60.00 Free 30.00 18.00 33.00 22.00 25.00 40.00 60.00 80.00 90.00 60.00 GERMAK EMPIRE — 1907. 571 Numbers of the German general tariff. Articles. 557 ex 560 661 578 ex 580 585 586 650 ex 651 633 654 655 656 657 ex 660 ex 694 Driving belts and breadths of driving belts of leather of all kinds, as well as of raw hide (without the hair), with or without layers of coarse te.xtilesorfelt.per 100 kilos. . Saddler’s and trunkmaker’s wares, as well as other wares not separately mentioned in the general tariff, of leather of all kinds, raw hide (with or without the hair), parchment, bladder, gold-beater’s skin, or fish or reptile skin, or entirely or partly covered with such materials; also saddler’s and trunkmaker’s wares of coarse vegetable textiles or of the rope-maker’s wares mentioned imder Nos. 484 or 485 of the general tariff, or wares entirely or mainly covered with such materiais; all these so far as they are not chargeable with higher duties by reason of their combination with other materials, or do not belong to the classes of paper and paper wares entirely or partly covered with leather, included under Nos. 667 to 669 of the general tariff: Picking straps, sewing and bmding laces, leather tapes for dividers [Florteil- ritmen], leather laces for spinning and weaving, pickers, without regard to weight per 100 kilos. . Other articles — Of a net weight of 2 kilos and more each — Harness for horses; card backs, card bends (card slivers); card plates for fancy rollers; slips and plates for pickers; sliders (rubbing belts, trav- eling leather bands) od Other do Of a net weight less than 2 kilos each article — Harness lor horses; card backs, card bends (card slivers): card plates for fancy rollers; slips and plates for pickers; sliders (rubbing belts, trav- eling leather bands) per 100 kilos. . Other; also leather hangings without regard to weight do Glove leather cut out or stamped for gloves do India-rubber tires for wheels of vehicles; also tire covers, of textiies impregnated or coated with India rubber or with an internal layer of India nibber per 100 kilos. . Textiles or felt impregnated or coated with india rubber or with internal layers of india rubber; India-rubber wares coated with textiles or with yam woimd thereon; all these if the textiles or the yam do not consist entirely or partly of silk, per 100 kilos Textiles in combination with india-rubber threads; tissues of india-mbber threads combined with threads or yam; all these if the textiles or the yam consist entirely or partly of silk or other textile material per 100 kilos . . Tubes of hardened india rabber, not further worked do Other wares of hardened india mbber, not separately mentioned in the general tariff, combined or not with other materials, so far as not falling under higher duties by reason of such combination per 100 kilos. . (ex 649-630) Paper stock (half stuff for the manufacture of paper and pasteboard), in the form of pulp or solidified, whether bleached, dyed, mixed with mineral sub- stances, glue, etc., or not; From wood, straw, esparto grass, or other vegetable fiber — Wood pulp (mechanically prepared wood meal, wood grindings), per 100 kilos Chemically prepared wood pulp (cellulose); straw, esparto, and other fibrous materials per 100 kilos. . Pasteboard, molded (dipped) or couched; also made of sheets of pasteboard stuck together: Cardboard of mechanically or chemically prepared wood pulp; also of wood f)ulp prepared from steamed wood, rolled hard [Braunholzpappe, so-called eafher boardl strawboard, Schrenzpajipe, and peat cardboard, and other coarse cardboard not separately mentioned in the general tariff, dyed in the pulp or not per 100 kilos. . Yellow straw paper do Very coarse gray blotting paper do Packing paper, dyed in the pulp, glazed on one side or not do Paper not inciuded under other numbers of the general tariff, including carton paper, even mled, made like parchment, or grained: Packing paper not included under No. 654 per 100 kilos. . Other do Colored paper, including paper coated with chalk, white lead, or the like, or provided with metallic Impressions; varnished paper; paper covered with scales of mica or glass, pounce or wool flocks; paper provided with painted, applied, or galvano- plastic metallic surfacing: also paper with gilt or silvered edges per 100 kilos. . Printed matter, printed by any process, so far as not included in chapter 12 of the general tariff; also “picture paper,” including that produced by a copying process on paper and cardboard; also paper or cardboard colored or black edged, or orna- mented in any way whatever: Of one color per 100 kilos. . Of more than one color; also with impressions or edges in colors, gold or other metals per 100 kilos. . Wall paper and wall-paper borders of all kinds, neither giit, silvered, bronzed, em- bossed, nor velvety per 100 kilos.. Grindstones and whetstones, wholly or partly of carborundum.. do Rate of duty. Maries. 30.00 50.00 50.00 0.'). 00 65.00 80.00 125. 00 60.00 100.00 90.00 25.00 40.00 1.25 1.25 1.50 3. 00 2.00 3. 00 3.00 6. 00 8.00 6.00 6.00 12.00 12.00 5V2 TEEATIES, CONVENTIONS, ETC. Numbers of the German general tariff. Articles. 737 738 739 741 0X742 758 759 760 763 782 797 800 ex 820 ex 821 829 ex 839 (ex 737-7‘'.0) Hollow glass: Neither molded nor ground, polished, smoothed, cut, etched, or figured — Of natural color X)er 100 kilos.. V/hite (or half white) transparent, with or without separate rings of massive white (or half white) glass per 100 kilos gross weight. . Colored or white nontransparent, or even flashed with colored or white non- transparent glass — Milk, alabaster, and bone glass, white per 100 kilos. . Other do With the bottoms only molded, or with the stoppers shaped or ornamented by grinding, molding, etc. — Colored or white nontransparent, or even fiashed with colored or white non- transparent glass per 100 Idlos. . Other do Molded, ground, polished, smooth, cut, engraved, or figured in any other way — Colored or white nontransparent, or even fiashed with colored or white non- transparent glass per 100 kUos. . Other do (ex 741-742) Plate and sheet glass, not separately mentioned in the general tariff, neither ground, polished, cut, figured, ribbed, scolloped, curved, frosted, etched, flashed, cut in facets, nor silvered; Neither colored nor opaque — Plate glass, cast and blown; so-called crude glass (rough cast plates) more than 5 milliiheters thick, ribbed or not per 100 kilos. . Sheet glass, including “crude” glass (ribbed or not) having a thickness of 5 mUllmeters or less, if the length and breadth together amount to — 120 centimeters or less per 100 kilos. . More than 120 and up to 200 centimeters per 100 kUos gross weight. . More than 200 centimeters do Bull’s-eye glass do Glass pendants for chandeliers; glass buttons; all these colored or not, with loops or not .per 100 kUos. . Note. — Painted, gilt or silvered glass buttons pay duty imder No. 763. SmaU glass plates; glass beads, bugles, and scales, even if strung on thread oidy for purposes of packing and transmission; glass drops (glass tears. Prince Rupert’s drops); small glass balls (massive glass drops): White or colored per 100 kilos. . Painted, gilt or silvered do Glass pastes containing lead or not; artificial gems, and glass corals, not mounted, even if strung on thread only for purposes of packing and transmission: Rough — (jlass pastes and artificial gems.. per 100 kilos. . Glass corals do. . . . Worked (ground, etc.) do.... Glass not otherwise mentioned in the general tariff, molded, stamped, ground, pol- ished, smoothed, cut, etched, figured, or not; glass threads and spun glass: Not colored nor opaque per 100 kilos. . Colored or opaque.. do Painted, gilt or silvered, figured or not by the application or burning in of colors per 100 kilos. . (ex 777-843) Iron and iron alloys: Nonmalleable cast iron, not otherwise mentioned in the general tariff, rough: Weighing, per piece, net weight — More than 100 kilos.. ..per 100 kilos.. More than 40 up to 100 Mlos do 40 kilos or less do Axles and parts of railway wheels (including hubs, tires, frames, and rims), rail- way wheels, sets of railway wheels .• per 100 kilos. . Construction pieces of malleable iron, painted or not do Bolts tor fish plates and sleepers, cross-tie bars, clips, hook nails, insulator sup- ports (brackets), rough per 100 kilos. . Screws and rivets of more than 13 millimeters shank diameter; nuts and washers for screws; horseshoes, calkins, rough per 100 kOos. . Railway couplings, parts of switches and signals, rough do — Railway buffers, rough do — Chains (except bicycle chains) and parts thereof: Rough— For towing do Other do Worked do Springs not otherwise mentioned in the general tariff: Fine (for wigs, gloves, hats, and the like), including all springs, polished, nickeled, lacquered, varnished, or which have undergone any further process of working up other than mere grinding per 100 kilos. . Other: Rough do Merely ground do Rate of duty. Maries. 3.00 8.00 10.00 15.00 15.00 12.00 15.00 12.00 3.00 6.00 8.00 10.00 12.00 12.00 2.00 15.00 20.00 15.00 25.00 12.00 15.00 20.00 2.50 3.00 3.50 2.50 4.50 3.00 5.00 6.00 3.00 1.50 5.00 15.00 20.00 6.00 10.00 GERMAN EMPIRE 1907. 573 Numbers of the German general tariff. Articles. 875 ex 891 e.x 894 ex 914 ex 915 ex 917 (ex 8C9-880) Copper and copper alloys: Wire gauze of all kinds for industrial purposes, especially for use in the manu- facture of paper, endless or in rolls or pieces, composed of wire, with or without insertions [Einlagen] of thread or yarn; drying cylinders for printing estal> lishments [Vordriicku’alzen], smoothed or ribbed, with or without water- mark per 100 kilos. Phonographs, including electrical machines in combination therewith. . per 100 kilos. Combustion and explosion motors for motor cycles, weighing, per piece, 40 kilos or less, net weight per 100 kilos. Steam engines, steam turbines, water turbines; combustion and explosion motors; power (other than electromotive) machinery in combination with pumps (includ- ing water engines) or freezing machines; cranes: Weighing, per piece, net weight — Over 500 up to 1,000 kilos per 100 kilos. Over 1,000 up to 2,500 kilos do. . . Over 2,500 up to 5,000 kilos do. . . Over 5,000 up to 50,000 kilos do. . . Over 50,000 up to 100,000 kilos do. . . Over 100,000 kilos do. . . Water-pressure engines: Weighing, per piece, net weight — Over 1,000 up to 2,500 kilos do Over 2,500 up to 5,000 kilos do. . . Over 5,000 up to 50,000 kUos do Over 50,000 up to 100,000 kilos do Steam engines combined with hammers, blowing machines (including ventilating machines), or with hoisting machines: Weighing, per piece, net weight — Over 5,000 up to 50,000 kilos per 100 kilos. Over 50,000 up to 100,000 kilos do. . . Other machines of the kinds specified in No. 894 of the general tariff: Weighing, per piece, net weight — Over 1,000 up to 2,500 kilos per 100 kilos. Over 2,500 up to 5,000 kilos do. . . Over 5,000 up to 50,000 kilos do. . . Over 50,000 up to 100,000 kilos do. . . Note. — Steam endues for use in shipbuilding, together with the paddle wheels and screw propellers pertaining thereto, are admitted duty free. (ex 913-914) Vehicles, intended to run on rails: Not combined with motive machinery — Freight cars, covered or not per 100 kilos. Vehicles not intended to run on rails (except water craft), combined with motive machinery (motor cars and motor cycles): Motor cycles — Weighing, each, net weight — 50 kilos or less per 100 kilos. Over 50 up to 100 kilos do. . . Over 100 up to 250 kilos do. . . Motor cars and motor cycles — Weighing, each, net weight — Over 250 up to 500 kUos do. . . Over 500 up to 1,000 kilos do. . . Over 1,000 kilos do. . . (ex 916-918) Vehicles not intended to run on rails (except watercraft), without motive machinery: Carriages — Four-wheeled, with not more than four fixed seats — Without cover — Weighing, each, net weight — 150 kilos or less per piece. More than 150 kilos do. . . With cover do. . . Four-wheeled, with more than four fixed seats— Without cover do. . . With cover do... Notes. 1. Folding seats are not reckoned as fixed seats. The box (driver’s seat) is not to be counted as one of the fixed seats. 2. Wooden carriage bodies without the trucks shall be treated as wooden wares, according to their character, even if they are fitted with iron mounts; nor shall they be dutiable as passenger carriages, even where the hinge-fasteoed cover frames and the sloping footboard of the driver’s seat (which is securely fastened to the iron clasps traversing the carriage body) have already been fixed in position, or where the wooden panels of the doors have been covered with coarse blocks of wood, or with jute tissue or sheet iron in order to strengthen them or to keep them from splitting. Rate of duty. Marks. 18.00 40.00 75.00 11.00 7.50 6.00 5. CO 4.50 3.50 8. CO 6. 50 5. 50 5.00 5.00 4.50 10.00 8.00 6.00 5.00 3.00 100. 00 75.00 70.00 40.00 25.00 15.00 fO.OO 100.00 150. 00 1.50. 00 160.00 574 TREATIES, CONVENTIONS, ETC. ox 926 927 928 929 930 931 932 933 937 943 (ex 916-918) Vehicles not intended to run on rails, etc. — Continued. Carriages — Continued. JVbtfS— Continued. 3. Four-wheeled carriages fitted together in the rough pay one-fourth the duty on similar carriages finished. By carriages in the rough are meant those which, though provided with all the parts and fittings necessary in order to enable the carriages to be used (springs, axles, wheels, fore- frame, brake, whiffietrees, and parts for attaching the traces, etc.), are neither colored, varnished, polished, painted, nor covered with leather or upholstered (nor contain loose cushions). 4. Carriage rugs, lamps, chests, and similar articles imported with carriages and intended to be fitted securely to or otherwise connected with the same, shall be regarded as parts of carriages and not charged duty separately. 5. Carriages imported without trucks (chassis), motors, or wheels, and intended for the construction of motor cars, shall be treated as four- wheeled carriages, and shall be dutiable according to the treaty rates under No. 917, it in a finished state, and at one-fourth of those rates if in the rough. Small arms of all kinds of common metals or of alloys of common metals, except military arms per 100 kilos. . Trigger guards, springs, cocks, and barrels, and parts thereof; also other parts of small arms (except looks and breech bolts [ Verschlussstilcke]) of common metals or alloys of common metals: Rough per 100 kilos. . Worked— Barrels only bored and turned or roughly ground do Other articles do Locks and breech bolts [ Verschlussstiicke] and parts thereof, for small arms: Roughly worked per 100 kilos.. Other : do Note to Nos. 927 and 928. — Barrels and stocks for small arms with locks, lock cases, or breech bolts [ VerscMussstucke] fitted to them or packed up with them have to pay duty according to No. 926. Watches, including those with chimes: In cases — Of gold per piece. . Of silver, gilt or not, or provided with gilt rims, pendants or knobs, .per piece. . Of common metals or alloys thereof, gilt or silvered or not, or provided with gilt or silvered rims, pendants or knobs: of other materials, .per piece. . Note. — Electrical watches are dutiable under No. 929. Watch cases: Of gold .per piece. . Of silver, of common metals or alloys thereof, gilt or not, or providecf with gilt rims, pendants, or knobs; of other materials per piece. . Note. — If watch cases are imported in pieces but ready to be put together, backs will pay halt, and rims (together with bezels or not) and bezels each a quarter of the duty on entire watch cases. So-called “false” watch cases and other parts pay duty according to the material of which made. Note to Nos. 929 and 930. — Watches and watch cases plated with gold or silver will pay duty as gilt or silvered Mechanism for watches, complete, and rough works per piece. . Steel mainsprings and balances for watches per 100 kilos. . Parts of watches of common metals or alloys thereof not previously mentioned in the general tariff: Watch springs of steel; balances of bronze or brass per 100 kilos. . Other parts of watches, even gilt or silvered, or plated with gold or silver, or in combination with other materials, in so far as they may not be dutiable at higher rates by reason thereof per 100 kilos. . Note. — Pendants, rings, and key caps are dutiable under No. 933 when they are obviously intended to form parts of watches. Organs (with pipes) per 100 kiios. . Musical boxes: Musical boxes without case, weighing 500 grams, net weight, or less, per piece per 100 kilos. . Other musical boxes do Apparatus for mechanical repetition of musical pieces do Note. — Parts of musical boxes, obviously recognizable as such, also alarm bells for alarm clocks (without mechanism), are dutiabie as musical boxes. Marks. 60.00 6.00 10. 24. 24. 60. 60. 60. 120. 20. 20. 20. 25. List referred to in Article Three of Commercial Agreement Correct : James L. Gerry S. N. D. North N. I. Stone. Elihu Root Sternburg. 888 8 8 8 8S g g g gg 88 88 GERMAN EMPIRE 1907. 575 [Appendix I.] DIPLOMATIC NOTE. May 2, 1907. Excellency : Referring to the Commercial Agreement concluded this day between this Government and the Imperial German Government, I have the honor to inform you that the President of the United States authorizes me to state that he will recommend to the Congress the enactment of an amendment of Section 7 of the Customs Administrative Act of June 10, ISOO, as amended by Section 32, Act of July 21, 1897, so as to read as follows : “ Section 7. That the owner, consignee, or agent of any imported merchandise may, at the time when he shall make and verify his written entry of such merchandise, but not afterwards, make such addition in the entry to or such deductions from the cost or value given in the invoice, or pro forma invoice, or statement in form of an invoice, which he shall produce with ids entry, as in his opinion may raise or lower the same to the actual market value or whole- sale price of such merchandise at the time of exportation to the United States in the principal markets of the country from which the same has been imported; and the collector within whose district any merchandise may be imported or entered, whether the same has been actually purchased or procured otherwise than by purchase, shall cause the actual market value or wholesale price of such merchandise to be appraised ; and if the appraised value of any article of imported merchandise subject to an ad valorem duty or to a duty based upon or regulated in any manner by the value thereof shall exceed the value declared in the entry by more than ten per centum there shall be levied, collected, and paid, in addition to the duties imposed by law on such merchandise, an ad- ditional duty of one per centum of the total appraised value thereof for each one per centum in excess of ten per centum that such appraised value exceeds the value declared in the entrj', but the additional duties shall only apply to the particular article or articles in each invoice that are so undervalued, and shall not be imposed upon any article upon which the amount of duty imposed by law on account of the appraised value does not exceed the amount of duty that would be imposed if the appraised value did not exceed the entered value, and shall be limited to twenty-tive per centum of the appraised value of such article or articles. Such additional duties shall be construed to be penal and within the purview of Sections 5292 and 5293, Revised Statutes, and Sections 17 and 18, Act, June 22, 1874, and further shall be remitted in cases arising from uniu- tentionai or manifest clerical error; but these duties shall not be refunded in case of exportation of the merchandise nor shall they be subject to the benefit of drawback; Provided, That if the appraised value of any merchandise shali exceed the value declared in the entry by more than thirty-five per centum, ex- cept when arising from an unintentional or a manifest clerical error, such entry shall be held to be presumptively fraudulent, and the collector of customs may seize such merchandise and proceed as in the case of forfeiture for violation of the customs laws ; and in any legal proceeding that may result from such seizure the undervaluation as shown by the appraisal shall be presumptive evi- dence of fraud, and the burden of proof shall be on the claimant to rebut the same, and forfeiture shall be adjudged unless he shall rebut such presumption of fraudulent intent by sufficient evidence. The forfeiture provided for in this section shall only apply to the particular article or articles which are under- valued ; Provided, further. That all additional duties, penalties, or forfeitures applicable to merchandise entered by a duly certified invoice shall be alike ap- plicable to merchandise entered by a pro forma invoice or statement in the form of an invoice. The duty shall not, however, be assessed in any case upon an amount less than the entered value. “ Accept, Excellency, the renewed assurance of my highest consideration. “ Eliiiij Root. “His Excellency “ Baron Speck von Sternburg, “Irnperitil German Amhassador." [Appendix II.] [Strike out the words in brackets and insert the words printed in italics.'i Sec. 7. That the owner, consignee, or agent of any imported merchandise [which has been actually purchased] may, at the time when he shall make and 576 TREATIES, COISTVENTIONS, ETC. verify his written entry of such merchandise, but not afterwards, make such addition in the entry to or such deductions from the cost or value given in the invoice or pro forma invoice or statement in form of an invoice, which he shall produce with his entry, as in his opinion may raise or lower the same to the actual market value or wholesale price of such merchandise at the time of exportation to the United States, in the principal markets of the country from which the same has been imported; [but no such addition shall be made upon entry to the invoice value of any imported merchandise obtained otherwise than by actual purchase;] and the collector within whose district any merchandise may be imported or entered, whether the same has been actually purchased or procui’ed otherwise than by purchase, shall cause the actual market value or wholesale price of such merchandise to be appraised ; and if the appraised value of any article of imported merchandise subject to an ad valorem duty or to a duty based upon or regulated in any manner by the value thereof shall exceed the value declared in the entry hy more than ten per centum there shall be levied, collected, and paid, in addition to the duties imposed by law on such merchandise, an additional duty of one per centum of the total appraised value thereof for each one per centum in excess of ten per eentum that such appraised value exceeds the value declared in the entry, but the additional duties shall only apply to the particular article or articles in each invoice that are so undervalued, and shall not he imposed upon any article upon which the amount of duty imposed hy law on account of the appraised value does not exceed the amount of duty that would he imposed if the appraised value did not exceed the entered value, and shall be limited to [fifty] twenty-five per centum of the appraised value of such article or articles. Such additional duties shall [not] be constructed to be penal, and wiihin the purview of sections 5292 and 5293 Revised Statutes and sections J7 and 18, act, June 22, 187Jf, and further shall [not] be remitted, [nor payment thereof in any way avoided, except] in cases arising from [a] unintentional or manifest clerical error, [nor shall they be refunded] hut these duties shall not he refunded in case of exportation of the merchandise [or on any other account,] nor shall they be subject to the benefit of drawback : Provided, That if the appraised value of any merchandise shall exceed the value declared in the entry by more than [fifty] thirty-five per centum, except when arising from an unintentional or a manifest clerical error, such entry shall be held to be presumptively fraudulent, and the collector of customs [shall] may seize such merchandise and proceed as in case or for- feiture for violation of the customs laws, and in any legal proceeding that may result from such seizure, the undervaluation as shown by the appraisal shall be presumptive evidence of fraud, and the burden of proof shall be on the claimant to rebut the same and forfeiture shall be adjudged unless he shall rebut such presumption of fi’audulent intent by sutficient evidence. The for- feiture provided for in this section shall only apply to [the whole of the mer- chandise or the value thereof in the case or package containing] the particular article or articles [in each invoice] which are undervalued: Provided, further. That all additional duties, penalties or forfeitures applicable to merchandise entered by a duly certified invoice, shall be alike applicable to merchandise entered by a pro forma invoice, or a statement in the form of an invoice, [and no forfeiture or disability of any kind, incurred under the provisions of this section shall be remitted or mitigated by the Secretary of the Treasury,] The duty shall not, however, be assessed in any case upon an amount less than the [invoice or] entered value. [Appendix III,] REGULATIONS PROVIDED FOR IN TFIE COMMERCIAL AGREEMENT BETWEEN GERMANY AND THE UNITED STATES. 1007. Depabtme.nt Circul.ar, No. 36. Division of Customs. Treasury Department, Office of the Secretary, Washington, June 1, 1907. To Colleetors and other Officers of the Customs: In accordance with the commercial agreement signed April 22, 1907, between the Imperial Gei’man Government and the Government of the United States the following regulations, which will remain in force for the term of that agree- ment, are published for your guidance so far as they relate to your duties. Market value as defined by section 19 of the customs administrative act shall be construed to mean the export price whenever goods, wares, and merchandise GEEMAN EMPIRE 1907. 577 are sold wholly for export, or sold in the home market ouly in limited quanti- ties, by reason of which facts there can not be established a market value based upon the sale of such goods, wares, and merchandise in usual wholesale quanti- ties, packed ready for shipment to the United States. Statements provided for in section 8 of the customs administrative act are not to be required by consular officers except upon the request of the appraiser of the port, after entry of the goods. The consular regulations of 1896, para- graph 674, shall be amended accordingly. In reappraisement cases the hearing shall be open and in the presence of the importer or his attorney, unless the Board of Appraisers shall certify to the Secretary of the Treasury that the public interest will suffer thereby ; but in the latter case the importer shall be furnished with a summary of the facts developed at the closed hearing upon which the reappraisement is based. The practice in regard to “ personal appearance before consul,” “ original bills,” “ declaration of name of ship,” shall be made uniform in the sense — 1. That the personal appearance before the consular officer shall be demanded only in exceptional cases, where special reasons require a personal explanation. 2. That (he original bills are only to be requested in cases where invoices presented to the consular officer for authentication include goods of various kinds that have been purchased from different manufacturers at places more or less remote from the consulate, and that these bills shall be returned after inspection by the consular officer. 3. That the declaration of the name of the ship in the invoice shall be dis- pensed with whenever the exporter at the time the invoice is presented for authentication is unable to name the ship. Paragraph 678 of such regulations, as amended March 1, 1906, shall be further amended by striking out the words : “ Whenever the invoice is presented to be consulated in a country other than the one from which the merchandise is being directly exported to the United, States.” And by inserting after the first sentence the following clause : “As place, in which the merchandise was purchased, is to be considered the place where the contract was made, whenever this was done at the place where the exporter has his office.” Paragraph 681 of the consular regulations of 1896 relative to “ swearing to the invoice” shall be revoked. Special agents, confidential agents, and others sent by the Treasury Depart- ment to investigate questions bearing upon customs administration shall be ac- credited to the German Government through the Department of State at Washington and the Foreign Office at Berlin, and such agents shall cooperate with the several chambers of commerce located in the territory apportioned to such agents. It is hereby understood that the general principle as to personw gratw shall apply to these officials. The certificates as to value issued by German chambers of commerce shall be accepted by appraisers as competent evidence and be considered by them in connection with such other evidence as may be adduced. George B. Cortelyou, Secretary. [Appendix IV.] EXECUTIVE ORDER. The Consular Regulations of 1896 are hereby amended as follows : The practice in regard to “personal appearance before consul,” “original bills, “ declaration of name of ship,” shall be made uniform in the sense — 1. That the personal appearance before the consular officer shall be demanded only in exceptional cases, where special reasons require a personal explanation. 2. That the original bills are only to be requested in cases where invoices pre- sented to the consular officer for authentication include goods of various kinds that have been purchased from different manufacturers at places more or less remote from the consulate and that these bills shall be returned after inspec- tion by the consular officer. 3. That the declaration of the name of the ship in the invoice shall be dis- pensed with whenever the exrKirter at the time the invoice is presented for au- thentication is unable to name the ship. 24449— VOL 1—10 37 578 TREATIES, CONVENTIONS, ETC. Paragraph 678 of such regulations, as amended March 1, 1906, is further amended by striking out the words: “ Whenever the invoice is presented to be consulated in a country other than the one from which the merchandise is being directly exported to the United States.” And by inserting after the first sentence the following clause : “As place, in which the merchandise was purchased, is to be considered the place where the contract was made, whenever this was done at the place where the exporter has his office.” So that the entire paragraph shall read as follows : “ 678. Invoices of merchandise purchased for export to the United States must be produced for certification to the consul of the district at which the merchandise was purchased, or in the district in which it was manufactured, but as a rule consular officers shall not require the personal attendance at his office of the shipper, purchaser, manufacturer, owner, or his agent, for the pur- pose of making declarations to invoices, but he shall certify invoices sent to him through the mails or by messenger. As place, in which the merchandise was purchased, is to be considered the place w’here the contract was made, when- ever this was done at the place where the exporter has his office. To conform to the statute which requires that merchandise shall be invoiced at the market value or wholesale price of such merchandise as bought and sold in usual whole- sale quantities at the time of exportation to the United States, in the principal markets of the country whence imported, consuls will certify to invoices, the additional cost of transportation from the place of manufacture to the place of shipment.” Paragraph 681 of the Consular Regulations of 1896 relative to “swearing to the invoice ” is hereby revoked. Paragraph 674 of the Consular Regulations of 1896 is amended so that the statements provided for in Section 8 of the Customs Administrative Act are not to be required by consular officers except upon the request of the appraiser of the port, after entry of the goods. THEODORE ROOSEVELT: The White House, June 1, 1907. 1909. Patent Convention. Concluded Fehruary 23, 1909; ratification advised hy the Senate April 15, 1909 ; ratified 5y the President April 20, 1909; ratifica- tions exchanged July 11^, 1909; proclaimed August 1, 1909. Articles. I. Reciprocal rights. , III. Ratification, II. Time of taking effect ; duration. I The President of the United States of America and His Majesty the German Emperor, King of Prussia, in the name of the German Empire, led by the wish to effect a full and more operative reciprocal protection of patents, designs, working patterns, and models in the two countries, have decided to conclude an agreement for that pur- pose and have appointed as their Plenipotentiaries : The President of the United States of America, Mr. Robert Bacon, Secretary of State of the United States; and His Majesty the German Emperor, King of Prussia, His Excel- lency Count von Bernstorlf, His Ambassador Extraordinary and Plenipotentiary to the United States; GERMAN EMPIRE — 1909. 579 Who, after having communicated each to the other their respective full powers, found to be in good and due form, have agreed to the following articles: • Article I. The provisions of the laws applicable, now existing or hereafter to be enacted of either of the Contracting Parties, under which the non- working of the patent, working pattern (Gebrauchsmuster) , design or model carries the invalidation or some other restriction of the right, shall only be applied to the patents, working patterns (Ge- brauchsmuster), designs or models enjoyed by the citizens of the other Contracting Party within the limits pf the restrictions imposed by the said Party upon its own citizens. The Avorking of a patent, Avorking pattern (Gebrauchsmuster), design or model in the terri- tory of one of the Contracting Parties shall be considered as equiva- lent to its working in the territory of the other Party. Article II. This Agreement shall take effect from the date of 'its i^romulgation and remain in force until the expiration of 12 months following the notice of termination given by one of the Contracting Parties. Article III. The present x4.greement shall be ratified and the ratifications shall be exchanged at Washington as soon as possible. In Avitness Avhereof the respective Plenipotentiaries have executed the present Agreement and affixed their seals thereunto. Done in duplicate in the English and German languages at Wash- ington this 23rd day of February, 1909. Robert Bacon [seal] J. Bernstorff [seal] GREAT BRITAIN UNITED KINGDOM OF GREAT BRITAIN AND IRELAND. 1782.“ Provisional Articles Agreed Upon, by and Between Richard Os- wald, Esquire, the Commissioner or His Britannic Majesty, FOR Treating of Peace, with the Commissioners of the United States of America, in Behalf of His Said Majesty on the One Part, and John Adams, Benjamin Franklin, John Jay, and Henry Laurens, Four of the Commissioners of the Said States FOR Treating of Peace with the Commissioner of His Said Maj- esty, ON Their Behalf, on the Other Part. To be Inserted in, AND to Constitute the Treaty of Peace Proposed to be Con- cluded 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 Conti- nental Congress April 11, 1783. Articles. I. Inclepenclence acknowledged. II. Boundaries. III. Fishery rights. IV. Recovei’y of debts. V. Restitution of estates. VI. Confiscations and prosecutions to cease. VII. Withdrawal of British armies. ^'III. Navigation Df the Mississippi River. IX. Restoration of territory. Separate Article. Boundary of AVest Florida. MTiereas reciprocal advantages and mutual convenience are found by experience to form the only permanent foundation of jieace and friendship between States, it is agreed to form the articles of the ® Note concerning treaties with Great Britain of 1782, 1783, 1794 and the additional and explanatory articles thereto, and 1802. In response to an inquiry as to whether these treaties, so far as they were not fully executed, terminated by the war of 1812, the Department of State, in a communication addressed to AAL AI. Alalloy, dated January 20, 1910, replied as follows : “ AA^ith respect to the British treaties mentioned, you are informed that they were claimed by Great Britain, after the conclusion of the treaty of Ghent, to have been terminated by the war of 1812. In a note from Lord Bathurst to John Quincy Adams it is stated, ‘She (Great Britain) knows of no exception to the rule that all treaties are put an end to by a subsequent war between the same parties,’ (.American State Papers, vol. 4, p. 354.) .Against this view of the British Government and its unqualified expression the United States protested. (On the effect of war on treaties, see Aloore’s Digest International Law, vol, 5, p. 372,)” See also decision of Supreme Court of United States (Society for Propaga- tion of Gospel V. New Haven, S AA’heaton, 464) as to effect of war of 1812 on treaties with Great Britain. 580 GREAT BRITAIN 1782. 581 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 coun- tries may be established as to promise and secure to both perpetual peace and harmony. Article I. His Britannic Majesty acknowledges the said United States, viz., New Hampshire, Massachuset’s Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Del- aware, 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, relin- quishes all claims to the Government, propriety and territorial rights of the same, and every part thereof; 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 : 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 River to the Highlands ; along the 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 River; 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 untill it strikes the river Iroquois or Cataraquy ; thence along the mid- dle 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 communication 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 between that lake and Lake Superior; thence through Lake Superior north- ward of the isles Royal 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 untill it shall intersect the northernmost part of the 31st degree of north latitude. South, by a line to be drawn due east from the de- termination of the line last mentioned, in the latitude of 31 degrees north of the equator, to the middle of the river Apalachicola or Cata- houche ; thence along the middle thereof to its junction with the Flint River; thence strait to the head of St. Mary’s River; and thence down along the middle of St. Mary’s River to the Atlantic Ocean. East, by a line to be drawn along the middle of the river St. Croix, from its mouth in the bay of Fundy to its source, and from its source directly north to the aforesaid highlands which divide the rivers that fall into the Atlantic Ocean, from those which fall into the river St. Laurence; comprehending all islands within twenty leagues of any 582 TREATIES, CONVENTIONS, ETC. part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries be- tween Nova Scotia on the one part, and East Florida on the other, shall respectively touch the bay of Fundy and the Atlantic Ocean; excepting such islands as now are, or heretofore have been, within the limits of the said province of Nova Scotia. Article III. It is agreed that the people of the United States shall continue to enjoy 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 liberty to take fish of every kind on such part of the coast of Newfoundland as British fishermen shall use, (but not to dry or cure the same on that island;) and also on the coasts, bays and creeks of all other of his Britannic Majesty’s dominions in America ; and that the Ameri- can fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours and creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled; but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settle- ment, without a previous agreement for that jiurpose with the inhabi- tants, proprietors or possessors of the ground. Article IV. It is agreed that creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money of all hona -fide debts heretofore contracted. Article V. It is agreed that the Congress shall earnestly recommend it to the legislatures of the respective States to provide for the restitution of all estates, rights and properties which have been confiscated, belong- ing to real British subjects, and also of the estates, rights and prop- erties of persons resident in districts in the possession oi His Majesty’s arms, and who have not borne arms against the said United States: And that persons of any other description shall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain twelve months unmolested in their en- deavours 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 posses- sion the hona fide price (where any has been given) which such per- sons may have paid on purchasing any of the said lands, rights and GREAT BRITAIN — 1782. 583 properties since the confiscation. And it is agreed that all persons who have any interest in confiscated lands, either by debts, marriage settlements or otherwise, shall meet with no lawful impediment in the prosecution of their just rights. Article VI. That there shall be no future confiscations made, nor any prosecu- tions commenced against any person or persons for or by reason of the part 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 prose- cutions so commenced be discontinued. Article VII. There shall be a firm and perpetual peace between His Britannic Majesty and the said States, and between the subjects of the one and the citizens of the other, wherefore all hostilities, 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 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 port, place and harbour within the same, leaving in all fortifications the American artillery that may be therein ; and shall also order and cause all archives, records, deeds and papers belonging to any of the said States or their citizens, which in the course of the war may have fallen into the hands of his officers, to be forthwith restored and delivered to the proper States and persons to whom they belong. Article VIII. The navigation of the river Mississippi, from its source to the ocean, shall forever remain free and open to the subjects of Great Britain and the citizens of the United States. 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 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. Done at Paris the thirtieth day of November, in the year one thou- sand seven hundred and eighty-two. [seal.] Richard Oswald, [seal.] John Adams. [seal.] B. Franklin, [seal.] John Jay. [seal.] Henry Laurens. Witness: Caleb Whitefoord, Sec’y to the British Commission. W. T. Franklin, SeCy to the American C ommission. 584 TREATIES, CONVENTIONS, ETC. SEPARATE ARTICLE. It is hereby understood and agreed that in case (Ireat Britain, at the conclusion of the present war, shall recover, or be put in possession of West Florida, the line of north boundary between the said prov- ince 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.] Attest : Caleb Whitefoord, Sec’y to the British C ommission. W. T. Franklin, Sec’y to the American C ommission. Richard Oswald. John Adams. B. Franklin. John Jay. Henry Laurens. 1783. Armistice Declaring a Cessation or Hostilities. C oncluded January £0, 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 : “ IVhereas 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 stipulation of a cessation of hostilities between those three Powers, which is to take place after the exchange of the ratifica- tions of the said preliminary articles : And whereas, by the provisional treaty signed on the thirtieth day of November last, between His Britannic Majesty and the United States of North America, it hath been stipulated that that treaty should take effect as soon as peace should be established between the said Crowns : The undersigned Min- ister Plenijiotentiary of His Britannic 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 enjoy 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 posses- sions; the Avhole 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 suspen- sion of arms, and contain’g the assurance of the most perfect reci- procity on their part. GREAT BRITAIN 1783. 585 “ In faith whereof we, the Minister Plenipotentiar}^ of His Bri- tannic Majesty, have signed the present declaration, and have caused the seal of our arms to be thereto affixed. “ Versailles, Jmx’y 20, 1783. (Signed) “ALLEYNE FITZ HEKBERT. [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 reciiirocally declare that the said States shall cause all hostili- ties to cease against his Britannic Majesty, his subjects, and his posses- sions, at the terms and epochs agreed upon between his said Majesty the King of Great Britain, His Alajesty 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.] John Adams. [seal.] B. Franklin. Copy of the first and twenty-second of the preliminary articles, be- tween 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 to the armies and squadrons, as well as to the subjects of the two Powers, to cease all hostilities and to live in the most perfect union, forgetting the past, according to the order and example of their sovereigns ; and for the execution of this article sea-passes shall be given on each side to the ships which shall be dispatched to carry the news to the pos- sessions 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 da3!'s, to be computed from the ratification of the present preliminary articles, shall be restored on each side. That the term shall be of one month from the Channel and 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 distinction of times and places. I 1 586 TREATIES, CONVENTIONS, ETC. 1783 Definitive Treaty of Peace.“, ® C oncluded at Paris September 3, 1783; raiified by Congress January IJf, 178 J).; proclaimed January 11^, 178 J^. Articles. I. Independence acknowledged. II. Boundaries. III. Fishery rights. IV. Recovery of debts. V. Restitution of estates. VII. Withdrawal of British armies. VIII. Navigation of the Mississippi River. IX. Restoration of territory. X. Ratification. VI. Confiscations and prosecutions to cease. 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 Roman Empire, &ca., and of the United States of America, to forget all past misunderstandings and differ- ences that have unhappily interrupted the good correspondence and friendship which they mutually wish to restore; and to establish such a beneficial and satisfactory intercourse between the two coun- tries, upon the ground of reciprocal advantages and mutual conven- ience, as may promote and secure to both perpetual jieace and har- mony : 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, by the commissioners empowered on each part, which articles were agreed to be inserted in ancl to con- stitute the treaty of peace proposed to be concluded between the Crown of Great Britain and the said United States, but which treaty was not to be concluded until terms of peace should be agreed upon between Great Britain and Erance, and His Britannic Majesty should be ready to conclude such treaty accordingly ; and the treaty between Great Britain and France having since been concluded. His Britannic Majesty and the United States of America, in order to carry into full effect the provisional articles above mentioned, according to the tenor thereof, have constituted and appointed, that is to say. His Britannic Majesty on his part, David Hartley, esqr., member of the Parliament ® See note concerning treaties of 1782, 1783, 1794, and 1802. Page 580. ** Federal cases: Repnblica v. Gordon (1 Dali., 233), Georgia v. Brailsford (3 Dali., 1), Ware v. Hylton (3 Dali., 199), Hunter v. Fairfax (3 Dali., 305), Hopkirk v. Bell (3 Crancb, 4.54, 4 Cranch, 164), M'llvaine v. Coxe’s Lessee (4 Cranch, 209), Higginson r. Mein (4 Cranch, 415), Owings v. Norwood’s I.essee (5 Crancb, 344), Smith r. Maryland (6 Cranch, 286), Fairfax v. Hunter (7 Cranch, 603), Martin v. Hunter’s Lessee (1 Wheat., 304), Orr v. Hodgson (4 Wheat., 453), Blight’s Lessee v. Rochester (7 Wheat., 535), Society for Propagation of the Gospel v. New Haven (8 Wheat., 464), Harcourt v. Gaillard (12 Wheat., 523), Shanks v. Dupont (3 Pet., 242), Carver v. Jackson (4 Pet., 1), U. S. V. Repentigny (5 Wall., 211), Hylton’s Lessee v. Brown (1 Wash. C. C., 298, 343), Gordon’s Lessee v. Kerr( 1 Wash. C. C., 322), Fisher v. Hamden (1 Paine C. C., 55), Jones v. Walker (2 Paine C. C., 688), Dunlop v. Alexander (1 Cranch C. C., 498). GREAT BRITAIN 1783. 587 of Great Britain; and the said United States on their part, John Adams, esqr., late a commissioner of the United States of America at the Court of Versailles, late Delegate in Congress from the State of Massachusetts, and chief justice of the said State, and Minister Pleni- potentiary of the said United States to their High Mightinesses the States General of the United Netherlands; Benjamin Franklin, esq’re, late Delegate in Congress from the State of Pennsylvania, president of the convention of the said State, and Minister Plenipo- tentiary from the United States of America at the Court of Ver- sailles; John Jay, esq’re, late president of Congress, and chief justice of the State of New York, and Minister Plenipotentiary from the said United States at the Court of Madrid, to be the Plenipotentiaries for the concluding and signing the present definitive treaty ; who, after having 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, Khode Island, and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Del- aware, 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, relin- quishes all claims to the Government, propriety and territorial rights of the same, and every part thereof. Article II. And that all disputes which might arise in future, on the subject of the boundaries of the said United States may be prevented, 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 River to the Highlands ; 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 northwestern- most head of Connecticut River; 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 communication into Lake Erie, through the middle of said lake until it arrives at the water communication between that lake and Lake Huron ; thence along the middle of said water communication into the Lake Huron ; thence through the middle of said lake to the water communication between that lake and Lake Superior; thence through Lake Superior northward of the Isles Royal and Phelipeaux, 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 until it shall intersect the northernmost part 588 TREATIES, CONVENTIONS, ETC. of the thirty-first degree of north latitude. South, by a line to be draivn 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 rii'er Apalachicola or Catahouche; thence along the middle thereof to its junction with the Flint Kiver ; thence strait to the head of St. Mary’s River; and thence down along the middle of St. Mary's River to the Atlantic Ocean. East, 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 High- lands, Avhich divide the rivers that fall into the Atlantic Ocean from those which fall into the river St. Lawrence; comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of F undy and the Atlantic Ocean ; excepting such islands as now are, or heretofore have been, within the limits of the said province of Nova Scotia. Article III. It is agreed that the people of the United States shall continue to enjoy unmolested the right to take fish of ever}^ kind on the Grand Bank, and on all the other banks of Newfoundland ; also in the Gulph of Saint Lawrence, and at all other places in the sea where the inhabitants of both countries used at any time heretofore to fish. And also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of 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 Amer- ican fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours and creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled; but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settle- ments, without a previous agreement for that purpose with the inhabitants, iiroprietors or possessors of the ground. Artici.e IV. It is agreed that creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted. Article V. It is agreed that the CongTess shall earnestly recommend it to the legislatures of the respective States, to provide for the restitution of all estates, rights 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 possession of His Majesty’s arms, and who have not borne arms against the said United States. And that persons of any other description shall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain twelve months, unmolested in their endeavours to obtain the restitution of such of their estates, rights and GREAT BRITAIN 1783. 589 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 re- stored to them, they refunding to any persons who may be now in possession, the hona -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. Article VI. That there shall be no future confiscations made, nor any prosecu- tions commenc’’d against any person or persons for, or by reason of the part which he or they may have taken in the present war ; and that no person shall, on that account, suffer any future loss or dam- age, either in his person, liberty or property; and that those who may be in confinement on such charges, at the time of the ratifica- tion of the treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be discontinued. Article VII. There shall be a firm and perpetual peace between His Britannic Majesty and the said States, and between the subjects of the one and the citizens of the 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 all con- venient 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 fortifications the American artillery that may be therein: And shall also order and cause all archives, records, deeds and papers, belonging to any of the said States, or their citizens, which, in the course of the war, may have fallen into the hands of his officers, to be forthwith restored and deliver’d to the proper States and persons to whom they belong. Article VIII. The navigation of the river Mississippi, from its source to the ocean, shall for ever remain free and open to the subjects of Great Britain, and the citizens of the United States. 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 conquer’d by the arms of either from the other, before the arrival of the said pro- visional articles in America, it is agreed, that the same shall be re- stored without difficulty, and without requiring any compensation. 590 TKBATIES, CONVENTIONS, ETC. Article X. The solemn ratifications of the present treaty, expedited in good and due form, shall be exchanged between the contracting parties, in the space of six months, or sooner if possible, to be computed from the day of the signature of the present treaty. In witness whereof, we the undersigned, their Ministers Plenipotentiary, have in their name and in virtue of our full powers, signed with our hands the present definitive treaty, and caused the seals of our arms to be affix’d thereto. Done at Paris, this third day of September, in the year of our Lord one thousand seven hundred and eighty-three. [seal.] [seal.] [seal.] [seal.] D. Hartley. John Adams. B. Franklin. John Jay. 1794.“ Treaty of Amity Commerce and Navigation. (JAY TREATY.) Concluded November 19, 179Jt.; ratification advised by the Senate with amendment June 2 If., 1795; ratified by the President; ratifications exchanged October 28, 1795; proclaimed February 29, 1796. ARTICLES : I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. Amity. Withdrawal of forces ; privi- leges of settlers. Commerce and navigation ; duties. Survey of the Mississippi. St. Croix River. ludeiimilicalioii by United States. Indemnification by Great Britain. Expenses. Land tenures. Private debts, etc. IJberty of navigation ;iud commerce. West India trade ; duties. East India trade ; duties. Commerce and Navigation. Discrimination on vessels, imports, etc. XVI. Consuls. XVH. Capture or detention of neu- trais. XVIII. Contraband. XIX. Oflicers and passengers on neutrals. XX. Pirates. XXI. Commissions from foreign state. XXII. Reprisals. XXIII. Ships of war. XXIV. Foreign privateers. XXV. Prizes. XXVI. Reciprocal treatment of citi- zens in war. XXVII. Extradition. XXVm. Limitation of Article XII ; ratification. H is Britannic Majesty and the United States of America, being desirous, by a treaty of amity, commerce and navigation, to terminate “As to effect of war of 1S12 on this treaty see note concerning treaties of 17S2, ]7S3, 1794, and 1802, page 580. ® Federal cases: Fitzsininions r. Newport Ins. Co. (4 Crancb, 185), Fairfax v. Hunter (7 Crancb, G0.3), Harden v. Fisher (1 Wheat., 300), Jackson v. Clarke (3 Wheat., 1), Craig r. Radford (3 Wheat., .594), Orr r. Hodgson (4 Wheat., 453), Blight’s Lessee r. Rochester (7 Wheat., 535), Society for the Propagation of the Gospel r. New Haven (8 Wheat., 464), Hughes r. Edwards (9 Wheat., 489), Shanks v. Dupont (3 Pet., 242), Forsyth r. Reynolds (15 How., 358), U. S. r. Nash. (Bee's Adni. Rep.. 267), Fisher t- Hamden (1 Paine C. C., 55), Jackson V. Porter (1 Paine C. C., 457), Society for the Propagation of the Gospel v. IVheeler (2 (iallisoii, 105), Gray r. U. S. (21 Ct. Cl., 340). GREAT BRITAIN 1794. 591 their difference 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 respec- tive countries, territories and people, in such a manner as to render the same reciprocally beneficial and satisfactory ; they have, respec- tively, named their Plenipotentiaries, and given them full powers to treat of, and conclude 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 Secretary of State for Foreign Affairs; and the President of the said United States, by and with the advice and consent of the Senate thereof, hath appointed for their Plenipotentiary, the Honorable John Jay, Chief Justice of the said United States, and their Envoy Extraordinary to His Majesty; Who have agreed on and concluded the following articles: Article I. There shall be a firm, inviolable and universal peace, and a true and sincere friendship between His Britannic Majesty, his heirs and successors, and the United States of America ; and between their respective countries, territories, cities, towns and people of every degree, without exception of persons or places. Article II. His Majesty will withdraw all his troops and garrisons from all posts and places within the boundary lines assigned by the treaty of peace to the United States. This evacuation shall take 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 con- cert 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, extending their settlements to any part within the said boundary line, except within the precincts or jurisdiction of any of the said posts. All settlers and traders, within the precincts or jurisdiction of the said posts, shall continue to enjoy, unmolested, all 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 con- tinue to reside within the said boundary lines, shall not be compelled to become citizens of the United States, or to take any oath of alle- giance 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. 592 TREATIES, CONVENTIONS, ETC. Article. III. i It is agreed that it shall at all times be free to His Majesty’s sub- jects, and to the citizens of the United States, and also to the Indians dwelling on either side of the said boundary line, freely to pass and rejiass by land or inland navigation, into the respective territories and countries of the two parties, on the continent of America, (the country within the limits of the Hudson’s Bay Company only ex- cepted,) 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 ves- sels of the United States into the sea-jDorts, harbours, bays or creeks of His Majesty’s said territories; nor into such parts of the rivers in His Majesty’s said territories as are between the mouth thereof, and the highest port of entry from the sea, except in small vessels trading Ijona fide between Montreal and Quebec, under such regulations as shall be established to prevent the possibility of any frauds in this respect. Nor to the admission of British vessels from the sea into the rivers of the United States, be^vond the highest ports of entry for foreign vessels from the sea. The river Mississippi shall, however, according to the treaty of peace, be entirely open to both parties; and it is further agreed, that all the ports and places on its eastern side, to whichsoever of the parties belonging, may freely be resorted to and used by both parties, in as ample a manner as any of the Atlantic ports or places of the United States, or any of the ports or places of His Majesty in Great Britain. All goods and merchandize whose importation into His Majesty’s said territories in America shall not be entirely prohibited, may freely, for the purposes of commerce, be carried into the same in the manner aforesaid, by the citizens of the United States, and such goods and merchandize shall be subject to no higher or other duties than would be payable by His Majesty’s subjects on the impoi’tation of the same from Europe into the said territories. And in like man- ner all goods and merchandize whose importation into the United States shall not be wholly prohibited, ma}^ freely, for the purposes of commerce, be carried into the same, in the manner aforesaid, by His Majesty’s subjects, and such goods and merchandize shall be subject to no higher or other duties than would be pa^^able by the citi- zens of the United States on the importation of the same in Amer- ican vessels into the Atlantic ports of the said States. And all goods not prohibited to be exported from the said territories respec- tively, may in like manner be carried out of the same by the two parties respectively, paying duty as aforesaid. _ No duty of entry shall ever be levied by either party on peltries brought by land or inland navigation into the said territories respec- tively, nor shall the Indians passing or repassing with their own proper goods and effects of Avhatever nature, pay for the same any impost or duty Avhatever. But goods in bales, or other large pack- ages, unusual among Indians, shall not be considered as goods be- longing bona fide to Indians. No higher or other tolls or rates of ferriage than Avhat are or shall be payable by natiA^es, shall be demanded on either side; and no duties shall be payable on any goods AA’hich shall merely be carried over any of the portages or carrying-places on either side, for the GREAT BRITAIN llQi. 593 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 passage across the same, and proper regulations may be estab- lished to prevent the possibility of any frauds in this respect. As this article is intended to render in a great degree the local ad- vantages of each party common to both, and thereby to promote a disposition favorable to friendshiji and good neighborhood, it is agreed that the respective Governments will mutually promote this amicable intercourse, by causing speedy and impartial justice to be done, and necessary protection to be extended to all who may be con- cerned therein. Article IV. Wliereas it is uncertain whether the river Mississippi extends so far to the northward as to be intersected by a line to be drawn due west from the Lake of the Woods, in the manner mentioned in the treaty of iieace between His Majesty and the United States: it is agreed that measures shall be taken in concert between His Majesty’s Government in America and the Government of the United States, for making a joint survey of the said river from onfe degree of lati- tude below the falls of St. Anthony, to the princiiial 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 regu- late 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.® VTiereas doubts have arisen what river was truly intended under the name of the river St. Croix, mentioned in the said treaty of peace, and forming a part of the boundary therein described ; that question .shall be referred to the final decision of commissioners to be ap- pointed in the following manner, viz : One commissioner shall be named by His Majesty, and one by tbe President of the United States, by and with the advice and consent of the Senate thereof, and the said two commissioners shall agree on the choice of a third ; or if they cannot so agree, they shall each pro- pose 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, impar- tially to examine and decide the said question, according to such evi- dence as shall respectively be laid before them on the part of the British Government and of the United States. The said Commis- sioners shall meet at Halifax, and shall have power to adjourn to “ The Commission made a declaration October 25, 1878, as to the true source of the St. Croix River. 24449— VOL 1—10 38 594 TREATIES, CONVENTIONS, ETC. 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 contain a description of the said river, and shall particularize, the latitude and longitude of its mouth and of its source. Duplicates of this declaration and of the statements of their accounts, and of the journal of their proceedings, shall be delivered by them to the agent of His Majesty, and to the agent of the United States, who may be resjiectively appointed and authorized to manage the busi- ness on behalf of the respective Governments. And both parties agree to consider such decision as final and conclusive, so as that the same shall never thereafter be called into question, or made the sub- ject of dispute 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, which were 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 since the peace, not only the full re- covery of the said debts has been delayed, but also the value and security thereof have been, in several instances, impaired and lessened, so that, by the ordinary course of judicial proceedings, the British creditors cannot now obtain, and actually have and receive full and adequate compensation for the losses and damages which they have thereby sustained : It is agreed, that in all such cases, where full compensation for such losses and damages cannot, for whatever reason, be actually obtained, had and received by the said creditors in the ordinary course of justice, the United States will make full and comjilete compensation for the same to the said creditors: But it is distinctly understood, that this provision is to extend to such losses only as have been occasioned by the lawful impediments afore- said, and is not to extend to losses occasioned by such insolvency of the debtors or other causes as would equally have operated to pro- duce such loss, if the said impediments had not existed ; nor to such losses or damages as have been occasioned b_y the manifest delay or negligence, or wilful omission of the claimant. For the purpose of ascertaining the amount of any such losses and damages, five Commissioners shall be appointed and authorized to meet and act in manner following, viz : Two of them shall be ap- pointed by His Majesty, two of them by the President of the United States by and with the advice and consent of the Senate 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 liroposed, one shall be drawn by lot, in the presence of the four origi- nal Commissioners. When the five Commissioners thus appointed “The Commission under this Article met May 29, 1797, and suspended July 31, 1799, owing to disagreements. By the treaty of 1802 $2,664,000 was pro- Tided to be paid to Great Britain in settlement of these claims. GREAT BRITAIN 1794. 595 shall first meet, they shall, before they proceed to act, respectively 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 Commission, pro- vided 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 Commissioners shall form a l)oard, and be ready to proceed to business, are assigned for receiving complaints and applications; but they are nevertheless 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 Commis- sioners 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 applica- tions so preferred to them, are empowered and required, in pursuance of the true intent and meaning of this article, to take into their con- sideration all claims, whether of principal or interest, or balances of principal and interest, and to determine the same respectively, ac- cording 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 affirma- tion, 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 thereof; every such deposition, book, or paper, or copy, or extract, being duly au- thenticated either according to the legal form now respectively exist- ing in the two countries, or in such other manner as the said Commis- sioners 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 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 awarded by the said Commissioners ; and on condi-. tion 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 Commission- ers to take place sooner than twelve months from the day of the ex- change of the ratifications of this treaty. 59G TREATIES, CONVENTIONS, ETC. Article VII.“ ^Miereas complaints have been made by divers merchants and others, citizens of the United States, that during the course of the war in which His Majesty is now engaged, they have sustained consider- able losses and damage, by reason of irregular or illegal captures or condemnations of their vessels and other property, under color of au- thority or commissions from His Majesty, and that from various cir- cumstances belonging to the said cases, adequate compensation for the losses and damages so sustained cannot now be actually obtained, had, and received by the ordinary course of judicial proceedings; it is agreed, that in all such cases, where adequate compensation cannot, for whatever reason, be now actually obtained, had, and received by the said merchants and others, in the ordinary course of justice, full and complete compensation for the same will be made by the British Government to the said complainants. But it is distinctly understood that this provision is not to extend to such losses or damages as have been occasioned by the manifest delay or negligence, or wilful omis- sion of the claimant. That for the purpose of ascertaining the amount of any such losses and damages, five Commissioners shall be ajDpointed and authorized 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 affirmation, (mutatis mutandis,) the same term of eighteen months is also assigned for the reception of claims, and they are in like manner authorized to extend the same in 23articular cases. They shall receive testimony, books, jiapers and evidence in the same lati- tude, and exercise the like discretion and powers respecting that sub- ject; and shall decide the claims in question according to the merits of the several cases, and to justice, equity and the laws of nations. The award of the said Commissioners, or any such three of them as aforesaid, shall in all cases be final and conclusive, both as to the jus- tice of the claim, and the amount of the sum to be jiaid to the claim- ant; and His Britannic Majesty undertakes to cause the same to be jiaid to such claimant in s^iecie, without any deduction, at such jjlace or places, and at such time or times, as shall be awarded b}'^ the said Commissioners, and on condition 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 caiiture of their vessels and merchandise, taken within the limits and jurisdiction of the States and brought into the jiorts of the same, or taken b}'^ vessels originally armed in jDorts 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. 5, 1793, a cojDy of which is annexed to this treaty ; the complaints of the jiarties shall be and hereby are referred to the Commissioners to be ajD^Dointed by ifirtue of this article, who are hereby authorized and required to joroceed in " The Commission met August 16. 1796, and suspended .July 20. 1799. The meetings were resumed under the treaty of 1802, and the final meeting held February 4, 1804. The awards against the United States amount to $143,428.14, and against Great Britain $11,656,000. GREAT BRITAIN 1794. 597 the like manner relative to these as to the other cases committed to them ; and the United States undertake to pay to the complainants or claimants in specie, without deduction, the amount of such sums as shall be awarded to them respectively by the said Commissioners, and at the times and places which in such awards shall be specified; and on condition of such releases or assignments to be given by the claim- ants 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. Article VIII. It is further agreed that the Commissioners mentioned in this and in the two preceding articles shall be respectively paid in such man- ner as shall be agreed between the two parties, such agi'eement 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 jointly by the two parties, the same being previously ascertained and allowed by the majority of the Commissioners. And in the case of death, sickness or necessary absence, the place of every such Commissioner respectively shall be supplied in the same manner as such Commissioner was first apjiointed, and the new Commissioners shall take the same oath or affirmation and do the same duties. Article IX. It is agreed that British subjects who now hold lands in the terri- tories of the United States, and American citizens who now hold lands in the dominions of His Majesty, shall continue to hold them accord- ing to the nature and tenure of their respective estates and titles therein; and may grant, sell or devise the same to whom they please, in like manner as if they were natives; and that neither they nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident thereto, be regarded as aliens. Article X. Neither the debts due from individuals of the one nation to indi- viduals of the other, nor shares, nor monies, which they may have in the public funds, or in the public or private banks, shall ever in any event of war or national differences be sequestered or confiscated, it being unjust and impolitic that debts and engagements contracted and made by individuals, having confidence in each other and in their respective Governments, should ever be destroyed or impaired by national authority on account of national differences and discontenfs. 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. ".Articles XI to XXVII, iiic., expired October 28, 1807. 598 TREATIES, CONVENTIONS, ETC. Article XII." His Majesty consents that it shall and ma}^ be lawful, during the time hereinafter limited, for the citizens of the United' States to 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, manu- facture or produce of the said States, AAdiich it is or may be lawful to carry to the said islands or ports from the said States in British ves- sels; and that the said American vessels shall be subject there to no other or higher tonnage duties or charges than shall be payable by British vessels in the ports of the United States ; and that the cargoes of the said American vessels shall be subject there to no other or higher duties or charges than shall be payable on the like articles if imported there from the said States in British A^essels. And His Majesty also consents that it shall be laivfid for the said American citizens to purchase, load and carry away in their said ves- sels to the United States, from the said islands and ports, all such articles, being of the growth, manufacture or produce of the said islands, as may now by law be carried from thence to the said States in British vessels, and subject only to the same duties and charges on exportation, to wliich British vessels and their cargoes are or shall be subject in similar circumstances. Provided always, that the said American A^essels do carry and land their cargoes in the United States only, it being expressly agreed and declared that, during the continuance of this article, the United States Avill prohibit and restrain the carrying any molasses, sugar, coffee, cocoa or cotton in American vessels, either from His Majesty’s islands or from the United States to any part of the world except the United States, reasonable sea-stores excepted. Provided, also, that it shall and may be laAvful, during the same period, for British A^essels to im- port from the said islands into the United States, and to export from the United States to the said islands, all articles AvhateA-er, being of the growth, produce or manufacture of the said islands, or of the United States respectively, which noiv 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 contained, shall continue to be in force during the continuance of the Avar in which His Majesty is noAV engaged; and also for Iayo years from and after the date of the signature of the preliminary or other articles of peace, by Avhich the same may be terminated. And it is further agreed that, at the expiration of the said term, the tAvo contracting parties will endeaAmur further to regulate their commerce in this respect, according to the situation in which His Majesty may then find himself Avith respect to the West Indies, and with a vieAA^ to such arrangements as may best conduce to the mutual advantage and extension of commerce. And the said parties Avill then also reneAv their discussions, and endeaAmur to agree, Avhether in any and Avhat cases, neutral vessels shall protect enemy’s propert}’^; “Suspended by the Additional Article being an amendment l)y the Senate (see p. GOT). GREAT BRITAIN 1794. 599 and in liat cases provisions and other articles, not generally contra- band, may become such. But in the mean time, their conduct to- wards each other in these respects shall be regulated by the articles hereinafter inserted on those subjects. Arttcbe XIII.“ His Majesty consents that the vessels belonging to the citizens of the United States of America shall be admitted and hospitably re- ceived in all the sea-jDorts and harbors of the British 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 ex- portation respectively, to or from the said territories, shall not be entirely prohibited. Provided only, that it shall not be lawful for them in any time of war between the British Government and any other Power or State whatever, to export from the said territories, without the special permission of the British Government there, any military stores, or naval stores, or rice. The citizens of the United States shall pay for their vessels when admitted into the said ports no other or higher tonnage duty than shall be payable on British vessels when admitted into the ports of the United States. And they shall pay no other or higher duties or charges, on the importa- tion or exportation of the cargoes of the said vessels, than shall be payable on the same articles Avhen imported or exported in British vessels. But it is expressl}^ agreed that the vessels of the United States shall not carry any of the articles exported by them from the said British territories to any port or place, except to some port or place in America, where the same shall be unladen and such regulations shall be adopted by both parties as shall from time to time be found necessary to enforce the due and faithful observance of this stipulation. It is also understood that the permission granted by this article is not to extend to allow the vessels of the United States to carry on any part of the coasting trade of the said British territories; but vessels going with their original cargoes, or part thereof, from one port of discharge to another, are not to be consid- ered as carrying on the coasting trade. Neither is this article to 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, without the permission of the British Government 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 harbour 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. Expired October 28, 1807. 600 TREATIES, CONVENTIONS, ETC. Artui.e XTV.“ i There shall be between all the dominions of His Majesty in Europe and the territories of the United States a reciprocal and perfect lib- erty of commerce and navigation. The people and inhabitants of the two countries, respectively, shall have liberty freely and securely, and without hindrance and molestation, to come with their ships and cargoes to the lands, countries, cities, ports, places and rivers within the dominions and territories aforesaid, to enter into the same, to resort there, and to remain and reside there, without any limitation of time. Also to hire and possess houses and warehouses for the purposes of their commerce, and generally the merchants and traders on each side shall enjoy the most complete protection and security for their commerce; but subject always as to what respects this arti- cle to the laws and statutes of the two countries respectively. Article XV.“ It is agreed that no other or higher duties shall be paid by the ships or merchandise of the one party in the ports of the other than such as are paid by the like vessels or merchandize of all other na- tions. Nor shall any other or higher duty be imposed in one country on the importation of any articles the growth, jiroduce or manufac- ture of the other, than are or shall be payable on the importation of the like articles being of the growth, jiroduce or manufacture of any other foreign country. Nor shall any prohibition be imposed on the exportation or importation of any articles to or from the territories of the two parties respectively, which shall not equally extend to all other nations. But the British Government reserves to itself the right of impos- ing on American vessels entering into the British ports in Europe a tonnage duty equal to that which shall be jiayable by British vessels in the ports of America ; and also such duty as may be adequate to countervail the ditference of duty now pa^^able on the importation of European and Asiatic goods, when imported into the United States in British or in American vessels. The two parties agree to treat for the more exact equalization of the duties on the respective navigation of their subjects and people, in such manner as may be most beneficial to the two countries. The arrangements for tliis purpose shall be made at the same time with those mentioned at the conclusion of the twelfth article of this treaty, and are to be considered as a part thereof. In the interval it is agreed that the United States will not impose an}'^ new or additional tonnage duties on British vessels, nor increase the now-subsisting difference between the duties jiayable on the importation of any articles in British or in American vessels. ARTICL.E XVI.“ It shall be free for the two contracting parties, respectively, to ap- point Consuls for the protection of trade, to reside in the dominions and territories aforesaid; and the said Consuls shall enjoy those lib- Expired October 28, 1807. GREAT BRTTATN 1*794. 601 erties and rights which belong to them I’eason 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 improjier conduct towards the laws or Government, a Consul may either be punished according to law, if the laws will reach the case, or be dismissed, or even sent back, the offended Government assigning to the other their reasons for the same. Either of the parties may except from the residence of Consuls such jiarticular places as such party shall judge proper to be so excepted. Article XVII.® It is agreed that in all cases where vessels shall be captured or de- tained on just suspicion of having on board enemy’s property, or of carrying to the enemy any of the articles which are contraband of Avar, 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 A'essel shall be at liberty to proceed with the remainder with- out any impediment. And it is agreed that all proper measures shall be taken to prei^ent 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. Article XVIII.® In order to regulate what is in future to be esteemed contraband of war, it is agreed that under the said denomination shall be com- prised all arms and implements serving for the purposes of war, by land or sea, such as cannon, muskets, mortars, petards, bombs, gre- nades, carcasses, saucisses, carriages for cannon, musket-rests, bando- liers, 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 whatei^er may serine directly to the equipment of vessels, un- wrought iron and fir planks only excepted ; and all the above articles are hereby declared to be just objects of confiscation whenever they are attempted to be carried to an enemy. And whereas the difficulty of agreeing on the precise cases in which alone provisions and other articles not, generally contraband may be regarded as such, renders it expedient to provide against the incon- veniences and misunderstandings which might thence arise; It is further agreed that whenever any such articles so becoming contra- band, according to the existing laws of nations, shall for that reason be seized, the same shall not be confiscated, but the owners thereof shall be speedily and completely indemnified; and the captors, or, in their default, the Government under whose authority they act, shall pay to the masters or owners of such vessels the full value of all such articles, with a reasonable mercantile profit thereon, together with the freight, and also the demurrage incident to such detention. Expired October 28, 1807. 602 TREATIES, CONVENTIONS, ETC. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy ivithout knowing that the same is either besieged, blockaded or invested, it is agreed that every vessel so cir- cumstanced 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 thereinafter the reduction or surrender of such place, be liable to confiscation, but shall be restored to the owners or proprietors there. Article XIX.“ And that more abundant care may be taken for the security of the respective subjects and citizens of the contracting parties, and to pre- vent 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 com- petent judge, sufficient security by at least two responsible sureties, who have no interest in the said privateer, each of whom, together with the said commander, shall be jointly and severally bound in the sum of fifteen hundred pounds sterling, or, if such ships be provided with above one hundred and fifty seamen or soldiers, in the sum of three thousand pounds sterling, to satisfy all damages and injuries which the said privateer, 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 instructions for regulating their conduct; and further, that in all cases of aggressions the said commissions shall be revoked and annulled. It is also agreed that whenever a judge of a court of admiralty of either of the parties shall pronounce sentence against any vessel or goods or property belonging to the subjects or citizens of the other jiarty, 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 pay- ing all legal fees and demands for the same. Article XX." It is further agreed that both the said contracting parties shall not only refuse to receive any pirates into any of their ports, havens or towns, or permit any of their inhabitants to receive, protect, harbor, conceal or assist them in any manner, but will bring to condign pun- ishment all such inhabitants as shall be guilty of such acts or offences. Expired October 28, 1807. GREAT BRITAIN 1794. 603 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 na- tions shall not do any acts of hostility or violence against each other, nor accept commissions or instructions so to act from any foreign Prince or State, enemies to the other party ; nor 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 % 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 shall first have presented to the other a statement thereof, verified by competent proof and evidence, and demanded justice and satisfaction, and the same shall either have been refused or unreasonably delayed. Article XXIII.® The ships of war of each of the contracting parties shall, at all times, be hospitably received in the ports of the other, their officers and crews paying due respect to the laws and Government of the country. The officers shall be treated with that respect which is due to the commissions which they bear, and if any insult should be offered to them by any of the inhabitants, all offenders in this respect shall be punished as disturbers of the peace and amity between the two countries. And His Majesty consents that in case an American vessel should, by stress of weather, danger from enemies, or other misfortune, be reduced to the necessity of seeking shelter in any of His Majesty’s ports, into which such vessel could not in ordinary cases claim to be admitted, she shall, on manifesting that necessity to the satisfaction of the Government of the place, be hospitably re- ceived, 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 Expired October 28, 1807. 604 TREATIES, CONVENTIONS, ETC. allowed to bi’eak bulk or unload her cargo, unless the same should be bona fide necessary to her being refitted. Nor shall be permitted to sell any part of her cargo, unless so much only as may be necessary to defray her expences, and then not without the express permission of the Government of the place. Nor shall she be obliged to pay any duties whatever, except only on such articles as she may be permitted to sell for the purpose aforesaid. Article XXIV.“ It shall not be lawful for any foreign privateers (not being sub- jects or citizens of either of the said parties) who have commissions from any other Prince or State in enmity with either nation to arm their ships in the ports of either of the said parties, nor to sell what they have taken, nor in any other manner to exchange the same ; nor shall they be allowed to purchase more provisions than shall be nec- essary 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 said parties respectively to carry whithersoever they please the ■ships and goods taken from their enemies, without being obliged to pay any fee to the officers of the admiralty, or to any judges what- ever; nor shall the said prizes, when they arrive at and enter the ports of the said parties, be detained pr seized, neither shall the searchers or other officers of those places visit such jirizes, (except for the purjiose of preventing the carrying of any of the cargo thereof on shore in any manner contrary to the established laws of revenue, navigation, 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 saicl prizes to the place mentionecl in their commissions or patents, which the com- manders of the said ships of war or jirivateers shall be obliged to show. No shelter or refuge shall be given in their ports to such as have made a prize upon the subjects or citizens of either of the said parties; but if forced by stress of weather, or the dangers of the sea, to enter therein, particular care shall be taken to hasten their de- parture, 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 in future make any treat}’’ that shall be inconsistent with this or the preceding article. Neither of the said parties shall permit the ships or goods belong- ing to the subjects or citizens of the other to be taken within cannon shot of the coast, nor in any of the bays, 2iorts or rivers of their terri- tories, by ships of war or others having commission from any Prince, Republic or State whatever. But in case it should so haiipen, the loarty whose territorial rights shall thus have been violated shall use his utmost endeavors to obtain from the offending party full and ample satisfaction for the vessel or vessels so taken, whether the same be vessels of war or merchant i^essels. Expirert October 2S, IS07. GREAT BRITAIN 1794. 605 Article XXVI.“ If at any time a rupture should take place (which God forbid) be- tween His Majesty and the United States, and merchants and others of each of the two nations residing in the dominions of the other shall have the privilege of remaining and continuing their trade, so long as they behave peaceably and commit no offence against the laws ; and in case their conduct should render them suspected, and the re- spective 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 de- clared that such rupture shall not be deemed to exist while negocia- tions 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 ac- count 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 Ambassador or Minister of the other, and that without prejudice to their mutual friendship and good understanding. Article XXVII.® It is further agreed that His Majesty and the United States, on mutual requisitions, by them respectively, or by their respective Min- isters or officers authorized to make the same, will deliver up to jus- tice all persons who, being charged with murder or forgery, com- mitted 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 de- livery shall be borne and defrayed by those who make the requisi- tion 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, 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 discussion, so early before the expiration of the said term as that new arrangements on that head may by that time be perfected and ready to take place. But if it should unfortunately happen that His Majesty and the ® Expired October 28, 1807. 606 TREATIES, CONVENTIONS, ETC. United States should not be able to agree on such new arrangements, 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 respective ratifications mutually exchanged, shall be binding and obligatory 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 inter- course and obviate difficulties, that other articles be proposed and added to this treaty, which articles, from want of time and other circumstances, cannot now be perfected, it is agreed that the said parties will, from time to time, readily treat of and concerning such articles, and will sincerely endeavor so to form them as that they may conduce to mutual convenience and tend to promote mutual satisfac- tion and friendship ; and that the said articles, after having been duly ratified, shall be added to and make a part of this treaty. In faith whereof we, the undersigned Ministers Plenipotentiary of His Majesty the King of Great Britain and the United States of America, have signed this present treaty, and have caused to be affixed thereto the seal of our arms. Done at London this nineteenth day of November, one thousand seven hundred and ninety- four. [seal.] Grenville. [seal.] John Jay. Letter from Thomaa Jefferson to George Hammond. Philadelphia, September .5, 1193, Sir: I am honored with yours of August 30. Mine of the 7th of that month assured you that measures were taken for excluding from all further asylum in our ports vessels armed in them to cruise on nations with which we are at peace, and for the restoration 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 considered it as incumbent on the United States to make compensation for the vessels. We are bound by our treaties with three of the belligerent nations, by all the means in our power, to protect and defend their vessels and effects in our ports, or waters, or on the seas near our shores, and to recover and restore the same to the right owners when taken from them. If all the means in our power are used, and fail in their effect, we are not bound by our treaties with those nations to make compensation. Though we have no similar treaty with Great Britain, it was the opinion of the President that we should use towards that nation the same rule which, under this article, was to govern us with the other nations ; and even to extend it to x;aptures 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 compensation to the other Poewrs in the analogous case, he did not mean to give an opinion that it ought to be done to Great Britain. GREAT BRITAIN 1794-1’796. 607 Bnt still, if any cases shall arise subsequent to that date, the circumstances of which shall place them on similar ground with those before it, the President would think compensation equally incumbent on the United States. Instructions are given to the Governors of the different States to use all the means in their power for restoring prizes of this last description found within their ports. Though they will, of course, take measures to be informed of them, and the General Government has given them the aid of the custom-house officers for this purpose, yet you will be sensible of the importance of multiplying the channels of their information as far as shall depend on yourself, or any person under your direction, in order that the Governors may use the means in their power for niaking restitution. Without knowledge of the capture they cannot restore it. It will always be best to give the notice to them directly ; but any inforamtion which you shall be pleased to send to me, also, at any time, shall be forwarded to them as quickly as distance will permit. Hence you Will perceive, sir, that the President contemplates restitution or compensation in the case before the 7th of August; and after that date, resti- tution if it can be effected by any means in our power. And that it will be Important that you should substantiate the fact that such prizes are in our ports or waters. Your list of the privateers illicitly armed in our ports is, I believe, correct. With respect to losses by detention, waste, spoliation sustained by vessels taken as before mentioned, between the dates of June 5th and August 7th, it is proposed as a provisional measure that the Collector of the Customs of the dis- trict, and the British Consul, or any other person you please, shall appoint per- sons 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 sig- nify 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. Geo : Hammond, Esq. ADDITIONAL ARTICLE.® It is further agreed, between the said contracting parties, that the operation of so much of the twelfth article of the said treaty as re- spects the trade which his said Majesty thereby consents may be carried on between the United States and his islands in the West Indies, in the manner and on the terms and conditions therein speci- fied, shall be suspended. 1796.*' Explanatory Article to the Third Article of the Treaty of No- vember 19, 1794, Respecting the Liberty to Pass and Repass the Borders and to Carry on Trade and Commerce. Concluded May .^, 1796; Ratification advised hy 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 “Amendment of the Senate by its resolution advising ratification, June 24, 1795, accepted by Great Britain. This additional article expired October 28, 1807. ® See note concerning treaties with Great Britain, page 580. 608 TREATIES, CONVENTIONS, ETC. 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 citi- zens 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 respective territories and countries of the two contracting parties, on the continent of America, (the country within the limits of the Hudson’s Bay Company only excepted,) and to navigate all the lakes, rivers, and waters thereof, and freely to carry on trade and commerce with each other, 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, be- tween the United States and the nations or tribes of Indians called the Wyandots, Delawares, Shawanoes, Ottawas, Chippewas, Puta- watimies, Miamis, Eel River, Weeas, Kickapoos, Piankashaws, and Kaskaskias, it was stipulated 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 pur- pose under the authority of the United States: IITiich latter stipu- lation has excited doubts, whether in its operation it may not inter- fere with the due execution of the third article of the treat}’^ 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 satisfac- tion 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 Southern States of America, (and now His Majesty’s Charge d’Alfaires to the United States,) and the President of the United States having named for their Commissioner, Timothy Pickering, Esquire, Secretary of State of the United States, to whom, agreeably to the laws of the United States, he has intrusted this negotiation : They, the said Commission- ers, having communicated to each other their full powers, have, in virtue of the same, and conformably to the spirit of the last article of the said treaty of amity, commerce and navigation, entered into this explanatory article, and do by these presents explicitly agree and declare, that no stipulations in any treaty subsequently concluded by either of the contracting parties with any other State or nation, or Avith any Indian tribe, can be understood to derogate in any manner from the rights of free intercourse and commerce, secui’ed by the aforesaid third article of the treaty of amity, commerce and naviga- tion, to the subjects of his Majesty and to the citizens of the United States, and to the Indians dAvelling 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 naUgation, into the respective territories and countries of the contracting parties, on either side of the said boundary line, and freely to carry on trade and commerce with each other, according to the stipulations of the said third article of the treaty of amity, commerce and navigation. This explanatory article, when the same shall have been ratified by His Majesty and by the President of the United States, by and with the advice and consent of their Senate, and the respective ratifications GREAT BRITAIN 1796-1798. 609 mutually exchanged, shall be added to and make a part of the said treaty of amity, commerce and navigation, and shall be permanently binding upon His Majesty and the United States. In witness whereof we, the said Commissioners of His Majesty the King of Great Britain and the United States of America, have signed this present explanatory article, and thereto affixed our seals. Done at Philadeliihia this fourth day of May, in the year of our Lord one thousand seven hundred and ninety-six. [seal.] P. Bond. [seal.] Timothy Pickering. 1798.“ Explanatory Article to the Treaty of November 19, 1794, Re- leasing THE Commissioners under the Fifth Article from Particularizing the Latitude and Longitude of the River St. Croix. Concluded March 15^ 1798; Ratification advised hy Senate June 5, 1798. Wliereas by the twenty-eighth article of the treaty of amity, com- merce, and navigation between His Britannick Majesty and the United States, signed at London on the nineteenth day of November, one thousand seven hundred and ninety-four, it was agreed that the contracting parties would, from time to time, readily treat of and concerning such further articles as might be proposed; that they would sincerely endeavour so to form such articles as that they might conduce to mutual convenience and tend to promote mutual satisfac- tion 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 Com- missioners appointed under the same should in their description particularize the latitude and longitude of the source of the river which m.ay be found to be the one truly intended in the treaty of peace between His Britannick Majesty and the United States, under the name of the river St. Croix, by reason whereof it is expedient that the said Commissioners should" be released from the obligation of conforming to the provisions of the said article in this respect. The undersigned being respectively named by His Britannick Maj- esty and the United States -of America their Plenipotentiaries for the purpose of treating of and concluding such articles as may be proper to be added to the said treaty, in conformity to the above- mentioned stipulation, and having communicated to each other their respective full powers, have agreed and concluded, and do hereby declare in the name of His Britannick Majesty and of the United States of America, that the Commissioners appointed under the fifth article of the above-mentioned treaty shall not be obliged to particu- larize, in their description, the latitude and longitude of the source “ See note concerning treaties with Great Britain, page 580. 24449— VOL 1—10 39 610 TREATIES, CONVENTIONS, ETC, 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 man- ner as they may judge expedient, which description shall be consid- ered as a complete execution of the duty required of the said Commis- sioners in this respect by the article aforesaid. And to the end that no uncertainty may hereafter exist on this subject, it is further agreed. That as soon as may be after the decision of the said Commissioners, measures shall be concerted between the Government of the United States and His Britannick Majesty’s Governors or Lieutenant Gov- ernors in America, in order to erect and keep in repair a suitable monument at the 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 mutually 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 perma- nently 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 hundred and ninety-eight. [seal.] Grenville. [seal.] Rufus King. Tlie declaration was made by the Commission under this treaty October 25, 1798. 1802.“ Convention for Payment of Indemnities and Settlement of Debts. Concluded January <§, 1802; Rati-fications advised by Senate April 26, 1802; Rati-fied by the President April 27, 1802; Ratifications exchanged July 15, 1802. Proclaimed April 27, 1802. Articles. I. Claims; time of payments. II. Claims under treaty of 1783. III. Commissioners. IV. Ratification. Difficulties having arisen in the execution of the sixth article of the treaty of amity, commerce and navigation, concluded at London “ See note concerning treaties with Great Britain, page 580. GEEAT BRITAIN 1802. 611 on the nineteenth day of Xovember, one thousand seven hundred and ninety-four, between His Britannic Majesty and the United States of America, and in consequence thereof the proceedings of the Com- missioners under the seventh article of the same treaty having been suspended, the parties to the said treati^ 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 Right Plonourable Robert Banks Jenkinson, commonly called Lord Hawkesbury, one of His Majesty’s Most Honourable Privy Council, and his Principal Secretary of State for Foreign Affairs; and the President of the United States, by and with the advice and consent of the Senate thereof, has named for their Plenipotentiary, Rufus King, Esquire, Minister Plenipotentiary of the said United States to his Britannic Majesty; who have agreed to and concluded the fol- lowing 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 of the said sixth article, which is hereby declared to be cancelled and an- nulled, except 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, tjiat is to say, the said sum of six hundred thou- sand pounds sterling shall be paid at the city of AVashington, 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 expi- ration of two years, and the third and last instalment at the expira- tion of three years next following the exchange of the ratifications of this convention. And to prevent any disagreement concerning the rate of exchanges, the said payments shall be made in the money of the said United States, reckoning four dollars and forty-four cents to be equal to one pound sterling. Article II. Whereas it is agreed by the fourth article of the definitive treaty of peace, concluded at Paris on the third day of September, one thousand seven hundred and eighty-three, between His Britannic Majesty and the United States, that creditors on either side should meet with no lawful impediment to the recovery of the full value in sterling money of all hona fide debts theretofore contracted, it is hereby declared that the said fourth article, so far as respects 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 punctuality 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 ster- ling money of their hona fide debts. 612 TKEATIES, CONVENTIONS, ETC. Article III. Tt is furthermore agreed and concluded that the Commissioners ap- pointed in pursuance of the seventh article of the said treaty of amity, commerce and navigation, and whose proceedings have been suspended as aforesaid, shall, immediately after the signature of this convention, re-assemble and proceed in the execution of their duties according to the provisions of the said seventh article, except only that, instead of the sums awarded by the said Commissioners being made payable at the time or times by them appointed, all sums of money by them awarded to be paid to American or British claimants, according to the 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 ex- change of the ratifications of this convention. Article IV. 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 respective ratifica- tions duly exchangedj shall be binding and obligatory upon His Maj- esty and the said United States. In faith whereof we, the undersigned Plenipotentiaries of His Bri- tannic 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.] HAWKESBrRY. [seal.] Rufus King. 1814. Treaty or Peace and Amity. (TREATY OF GHENT.) Concluded at Ghent December 181k; ratification advised by the Senate February 16, 1815; ratified by the President February 17, 1815; ratifications exchanged February 17, 1815; proclaimed Feb- ruary 18, 1815, Articles. I. Peace declared ; restoration of territory, archives, etc. II. Cessation of hostilities. III. Release of prisoners. IV. Boundaries ; determination of northeastern. V. Boundaries; determination of northern, from St. Croix River to St. I>awrence River. VI. Boundaries; determination of northern, from St. Lawrence River to Lake Superior. VII. Boundaries; determination of northern, from Lake Huron to Lake of the Woods. VIII. Powers of boundary commis- sions, etc. IX. Cessation of hostilities with Indians. X. Abolition of slave trade. XT. Ratification. His Britannic Majesty and the United States of America, desirous of terminating the war which has unhappily subsisted between the GEEAT BEITAIN 1814. 613 two countries, and of restoring, upon principles of perfect reciproc- ity, peace, friendship and good understanding between them, have, for that purpose, appointed their respective Plenipotentiaries, that is to saj^ : His Britannic Majesty, on his part, has appointed the Eight Hon- ourable James Lord Gambler, late Admiral of the White, now Ad- miral of the Eed Squadron of His Majesty’s fleet, Henry Goulburn, Esquire, a member of the Imperial Parliament, and Under Secretary of State, and William Adams, Esquire, Doctor of Civil Laws; and the President of the United States, by and with the advice and con- sent of the Senate thereof, has appointed John Quincy Adams, James A. Bayard, Henry Clay, Jonathan Russell, and Albert Gallatin, citizens of the United States ; Who, after a reciprocal communication of their respective full powers, have agreed upon the following articles : Article I. There shall be a firm and universal peace between His Britannic Majesty and the United States, and between their respective coun- tries, territories, cities, towns and people, of every degree, without excejition of places or persons. All hostilities, botli by sea and land, shall cease as soon as this treaty shall have been ratified by both par- ties, as hereinafter mentioned. 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 captured in the said forts or places, and which shall remain therein upon the ex- change of the ratifications of this treaty, or any slaves or other pri- vate 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 respec- tively 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 disposition made by this treaty as to such possession of the islands and territories claimed by both parties shall, in any manner whatever, be construed to affect the right of either. Article II. Immediately after the ratifications of this treaty by both parties, as hereinafter mentioned, orders shall be sent to the armies, squad- rons, officers, 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 614 Treaties, conventions, etc. from the said ratifications, upon all parts of the coast of Xorth 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 as the thirty-sixth degree of west longitude from the meridian of Greenwich, shall be restored on each side: that the time shall be thirty days in all other parts of the Atlantic Ocean north of the equinoctial line or equator, and the same time for the British and Irish Channels, for the Gulf of Mexico, and all parts of the West Indies; forty days for the North Seas, for the Baltic, and for all parts of the Mediterranean ; sixty days for the Atlantic Ocean south of the equator, as far as the latitude of the Cape of Good Hope; ninety days for every other part of the world south of the equator; and one hundred and twenty days for all other parts of the world, without exception. Article III. All prisoners of war taken on either side, as well by land as by sea, shall be restored as soon as practicable after the ratifications of this treaty, as hereinafter mentioned, on their paying the debts which they 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 sustenance and maintenance of such prisoners. Article IV.“ MTiereas 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, that the bound- ary 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 heretofore have been, within the limits of Nova Scotia ; and whereas the several islands in the Bay of Passamaquoddy, which is part of the Ba}’^ of Fundy, and the Island of Grand Menan, in the said Bay of Fundy, are claimed by the PTnited States as being comprehended within their aforesaid boundaries, which said islands are claimed as be- longing to His Britannic Majesty, as having been, at the time of and previous to the aforesaid treaty of one thousand seven hundred and eighty-three, within the limits of the Province of Nova Scotia; In order, therefore, finally to decide upon these claims, it is agreed that they shall be referred to two Commissioners to be appointed in the following manner, viz : One Commissioner shall be appointed by His Britannic Majesty, and one by the President of the United States, by and with the advice and consent of the Senate thereof ; and the said two Commissioners so appointed shall be sworn impartially to examine and decide upon the said claims according to such evidence as shall be laid before them on the part of His Britannic Majesty and “ Decision of Commission under this article, page G19. GREAT BRITAIN 1814. 615 of the United States respectively. The said Commissioners shall meet at St. Andrews, in the Province of New Brunswick, 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 contracting parties the several islands aforesaid do respectively belong, in conformity with the true intent of the said treaty of peace of one thousand seven hun- dred 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 Commis- sioners differing upon all or any of the matters so referred to them, or in the event of both or either of the said Commissioners refusing, or declining, or wilfully omitting to act as such, they shall make, jointly or separately, a report or reports, as well to the Government of His Britannic Majesty as to that of the United States, stating in detail the points on which they differ, and the grounds upon which their respective opinions have been formed, or the grounds upon which they, or either of them, have so refused, declined, or omitted to act. And His Britannic Majesty and the Government 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, de- clinig or omitting to act, shall also wilfully omit to state the grounds upon wdiich he has so done, in such manner that the said statement may be referred to such friendly sovereign or State, to- gether with the report of such other Commissioner, then such sovereign or State shall decide ex parte upon the said report alone. And His Britannic Majesty and the Government of the United States engage to consider the decision of such friendly sovereign or State to be final and conclusive on all the matters so referred. Article V.® IVhereas neither that point of the highlands lying due north from the source of the river St. Croix, and designated in the former treaty of peace between the two Powers as the northwest angle of Nova Scotia, nor the northwesternmost head of Connecticut Kiver, 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 northwest angle of Nova 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 River, 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 Commissioners shall be appointed, sworn and Decision of Commission under this article, page G20. 616 TREATIES, CONVENTIONS, ETC. authorized to act exactly in the manner directed Avitii respect to those mentioned in the next preceding article, unless otherwise specified in the present article. The said Commissioners shall meet at St. An- drews, in the Province of New Brunswick, and shall have power to adjourn to such other place or places as they shall think fit. The said Commissioners shall hai’e poAver to ascertain and determine the points aboA’e mentioned, in conformity Avith 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 riA’er St. Croix to the river Iroquois or Cataraquy, to be surA^eyed and marked ac- cording to the said proAusions. The .said Commissioners shall make a map of the said boundary, and annex to it a declaration under their hands and seals, certifving it to be the true maji of the said boundary, and particularizing the latitude and longitude of the northwest angle of Nova Scotia, of the northwesternmost head of Connecticut EiA’er, and of such other points of the said boundary as they may deem jDi’oper. And both parties agree to consider such majD and declaration as finally and conclusiA^ely fixing the said boundary. And in the event of the said tAvo Commissioners differing, or both or either of them refusing, declining, or Avilfully omitting to act, such reports, declarations or statements shall be made by them, or either of them, and such reference to a friendly soA^ereign or State shall be made in all respects as in the latter part of the fourth article is contained, and in as full a manner as if the same was herein repeated. Article VI." lldiereas by the former treaty of jieace that portion of the boundary of the United States from the point Avliere the forty-fifth degree of north latitude strikes the river Iroquois or Cataraquy to the Lake Superior, Avas declared to be “ along the middle of said river into Lake Ontario, through the middle of said lake, until it strikes the communication by water between that lake and Lake Erie, thence along the middle of said communication into Lake Erie, through the middle of said lake until it arriA-es 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 wdiat Avas the middle of the said riA^er, lakes and Avater communications, and AA’hether certain islands lying in the same were wdthin the dominions of His Britannic ^lajesty or of the United States : In order, therefore, finally to decide these doubts, theA^ shall be referred to tAvo Commissioners, to be ajipointed, sworn and author- ized to act exactly in the manner directed with respect to those men- tioned in the next preceding article, unless otherwise specified in this present article. The said Commissioners shall meet, in the first in- stance, at Albany, in the State of New York, and shall haA'e poAver to adjourn to such other jilace 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 ri\’er, lakes and Avater communications, and decide to Avhich of the two contracting parties the seA’eral islands lying Avithin the said riA’ers, lakes and Avater communications, do respectiA-ely belong, in conformity with the true intent of the said treaty of one thousand seA'en hundred and “ Decision of Commission under Ibis article, paiie 020. GREAT BETTAIK — 1814. 617 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, de- clining or wilfully omitting to act, such reports, declarations or state- ments 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 Commis- sioners, after they shall have executed the duties assigned to them in the preceding article, shall be, and they are hereby, authorized upon their oaths impartially to fix and determine, according to the true intent of the said treaty of peace of 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 j^oint of the Lake of the IVoods, to decide to which of the two parties the sev- eral 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 one thousand seven hun- dred 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 re- ferred to them, and particularize the latitude and longitude of the most northwestern point of the Lake of the IVoods, and of such other parts of the said boundary as they may deem proper. And both parties agree to consider such designation and decision as final and conclusive. And in the event of the said two Commissioners differ- ing, or both or either of them refusing, declining or Avilfully 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. Article VIII. The several boards of two Commissioners mentioned in the four preceding articles shall respectively have power to appoint a Secre- tary, and to employ such surveyors or other persons as they shall judge necessary. Duplicates of all their respective reports, declara- tions, statements and decisions and of their accounts, and of the journal of their proceedings, shall be delivered by them to the agents of His Britannic Majesty and to the agents of the United States, who may be respectively appointed and authorized to manage the business on behalf of their respective Governments. The said Commissioners shall be respectively paid in such manner as shall be agreed between the two contracting parties, such agreement being to be settled at the time of the exchange of the ratifications of this treaty. And all other Disagreement of Commission under this article, page 624. 618 TREATIES, CONVENTIONS, ETC. expenses attending the said Commissions shall be defrayed equally by the two jiarties. 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 Commissioner shall take the same oath or affirmation, and do the same duties. It is further agreed between the two contracting parties, that in case any of the islands mentioned in any of the preceding articles, which were in the possession of one of the parties prior to the commencement of the present ivar between the two countries, should, by the decision of any of the Boards of Com- missioners 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 commence- ment of the war, by the party having had such possession, shall be as valid as if such island or islands had, by such decision or decisions, been adjudged to be within the dominions of the party having had such possession. Article IX. The United States of America engage to put an end, immediately after the ratification of the present treaty, to hostilities with all the tribes or nations of Indians Avith whom they may be at war at the time of such ratification; and fortliAvith to restore 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 hun- dred and eleA'en, previous to such hostilities: Provided ahva5’'s that such tribes or nations shall agree to desist from all hostilities against the United States of America, their citizens and subjects, upon the ratification of the present treaty being notified to such tribes or na- tions, and shall so desist accordingly. And His Britannic Majesty engages, on his part, to put an end immediately after the ratification of the present treaty, to hostilities with all the tribes or nations of Indians with whom he may be at war at the time of such ratification, and forthwith to restore to such tribes or nations respectii^ely all the possessions, rights and ]irivileges which they may have enjoyed or been entitled to in one thousand eight hundred and eleven, previous to such hostilities : Provided ahvays 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. IVliereas the traffic in shiA^es is irreconcilable with the principles of humanity and justice, and Avhereas 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. Article XI. This treaty, when the same shall have been ratified on both sides, without alteration by either of the contracting parties, and the ratifi- cations 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. GREAT BRITAIN 1814. 610 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.] Gambier. [seal.] Henry Goulburn. [seal.] William Adams. [seal.] John Quincy Adams. [seal.] J. A. Bayard. [seal.] H. Clay. [seal.] JoNA. Russell. [seal.] Albert- Gallatin. DECLARATION OF THE COMMISSIONERS UNDER THE FOURTH ARTICLE OF THE TREATY OF GHENT. NOVEMBER 24, 1817. New York, November 1817. Sir: The undersigned Commissioners, appointed by virtue of the fourth article of the treaty of Ghent, have attended to the duties as- signed them; and have decided that Moose Island, Dudley Island, and Frederick 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 Passama- quoddy, and the Island of Grand Menan, in the Bay of Fundy, do each of them belong to His Britannic Majesty, in conformity with the true intent of the second article of the treaty of peace of one thou- sand seven hundred and eighty-three. The Commissioners have the honor to enclose herewith the decision. In making this decision it became necessary that each of the Com- missioners should yield a part of his individual opinion. Several rea- sons induced them to adopt this measure; one of which was the im- pression and belief that the navigable waters of the Bay of Passama- quoddy, which, by the treaty of Ghent, is said to be part of the Bay of Fundy, are common to both parties for the purpose of all lawful and direct communication with their own territories and foreign ports. The undersigned have the honor to be, with perfect respect, sir, your obedient and humble servants, J. Holmes. Tho. Barclay. The Hon. John Quincy Adams, Secretary of State. DECISION OF THE COMMISSIONERS UNDER THE FOURTH ARTICLE OF THE TREATY OF GHENT. NOVEMBER 24, 1817. By Thomas Barclay and John Holmes, Esquires, Commissioners, appointed by virtue of the fourth article of the treaty of peace and amity between His Britannic Majesty and the United States of Amer- ica, concluded at Ghent on the twenty-fourth day of December, one 620 TREATIES, CONVENTIONS, ETC. lliousand eight hundred and fourteen to decide to which of the two contracting parties to the said treaty the several islands in the Bay of Passamaquoddy, which is part of the Bay of Fundy, and the Island of Grand Menan, in the said Bay of Fundy, do respectively belong, in conformity with the true intent of the second article of the treaty of peace of one thousand seven hundred and eighty-three, between his said Britannic JNIajesty 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, respectively, have decided, and do decide, that Moose Island, Dudley Island, and Frederick Island, in the Bay of Passamaquoddy, which is part of the Bay of Fundy, do, and each of them does, belong to the United States of America ; and we have also decided, and do decide, that all the other islands, and each and every of them, in the said Bay of Passamaquoddy, which is part of the Bay of Fundy, and the Island of Grand Menan, in the said Bay of Fundy, do belong to his said Britannic Majesty, in conformity with the true intent of the said second article of said treaty of one thousand seven hundred and eighty-three. In faith and testimony whereof we have set our hands and affixed our seals, at the city of New York, in the State of New York, in the United States of America, this twenty-fourth day of November, in the year of our Lord one thousand eight hundred and seventeen. [seal.] John Holaies. [seal.] Tho. Barclay. lYitness : Jaaies T. Austin, Agt. U. S. A. Anth. Barclaa', Sec'y. COAIAIISSION UNDER ARTICLE V. BOUNDARY EROAI THE SOURCE OF THE SAINT CROIX RIVER TO THE SAINT LAWRENCE RIVER. The Commission met September 23, 1816, and, having disagreed, held their last meeting April 13, 1S22. By the* convention of 1827 the dispute was left to the decision of the King of the Netherlands, who delivered Jiis award January 10, 1831. which was not accepted by either Government and the boundary was finally agreed upon in the Webster-Ashburton treaty. DECISION OF THE COAIAIISSIONERS UNDER THE SIXTH ARTICLE OF THE TREAT!' 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 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, impartially to exam- ine, and, by a report or declaration, under their hands and seals, to designate “ that iiortion of the boundary of the United States from the GREAT BRITAIN 1814. 621 point where the 45th degree of north latitude strikes the river Iro- quois or Cataraqua, along the middle of said river into Lake Ontario, through the middle of said lake until it strikes the communication, by water, between that lake and Lake Erie ; thence, along the middle of said communication, into Lake Erie, through the middle of said lake, until it arrives at the water communication into Lake Huron; thence, through the middle of said water communication, into Lake Huron ; thence, through the middle of said lake, to the water communication between that lake and Lake Superior ; ” and to “ decide to which of the two contracting parties the several islands, lying within the said rivers, lakes and water communications, do respectively belong, in conformity with the true intent of the treaty of 1783 : ” Do decide and declare, that the following described line, (which is more clearly indi- cated on a series of maps accompanying this report, exhibiting correct surveys and delineations of all the rivers, lakes, water communica- tions 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 Ameri- can side with blue; and each sheet of which series of maps is identi- fied by a certificate, subscribed by the Commissioners, and by the two principal surveyors employed by them,) is the true boundary intended by the two before mentioned treaties, that is to say : Beginning at a stone monument, erected by Andrew Ellicott, Es- quire, in the year of our Lord one thousand eight hundred and seven- teen, on the south bank, or shore, of the said river Iroquois or Catara- qua, (now called the St. Lawrence,) which monument bears south seventy-four degrees and forty-five minutes west, and is eighteen hundred and forty yards distant from the stone church in the Indian village of St. Regis, and indicates the point at which the forty-fifth parallel of north latitude strikes the said river ; thence, running north thirty-five degrees and forty-five minutes west, into the river, on a line at right angles with the southern shore, to a point one hundred yards south of the opposite island, called Cornwall Island; thence, turning westerly, and passing around the southern and western sides of said island, keeping one hundred yards distant therefrom, and fol- lowing 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 Avhich 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 Lower Sault Island ; thence up the north branch of the river, keeping to the north of, and near, the Lower Sault Island, and also north of, and near, the Upper Sault (sometimes called Baxter’s) Island, and south of the two small islands, marked on the map A and B, to the western extremity of the Upper Sault, or Baxter’s Island ; thence passing be- tween the two islands called the Cats, to the middle of the river above ; thence along the middle of the river, keeping to the north of the small islands marked C and D ; and north also of Chrystler’s Island and of the small island next above it, marked E, until it approaches the northeast angle of Goose Neck Island ; thence along the passage which 622 TREATIES, CONVENTIONS, ETC. 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 Rapid 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 Cousson (or Tussin) and Presque Isle; thence up the river, keeping north of, and near, the several Gallop Isles, numbered on the map 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, and also of Tick, Tibbet’s, and Chimney Islands ; and south of, and near, the Gallop Isles, numbered 11, 12, and 13, and also of Duck, 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 Rowe’s Island, keeping to the north of the small islands No. 51, 52, 54, 58, 59, and 61, and to the south of the small islands numbered 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 Hicliory 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 mid- dle of said lake, to a point opposite the mouth of the Niagara River; thence to and up the middle of the said river to the Great Falls ; thence up the Falls, through the jioint of the Horse Shoe, keeping to the west of Iris or Goat Island, and of the group of small islands at its head, and following the bends of the river so as to enter the strait between Navy and Grand Islands; thence along the middle of said strait to the head of Navy Island ; thence to the west and south of, and near to. Grand and Beaver Islands, and to the west of Strawberry, Squaw, and Bird Islands, to Lake Erie; thence southerly and westerly, along the middle of Lake Erie, in a direction to enter the passage immedi- ately south of Middle Island, being one of the easternmost of the group of islands lying in the 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 Westeni Sister, and to the south of the islands called the Hen and Chickens, and of the Eastern and Middle Sisters; thence to the middle of the mouth of the Detroit GREAT BRITAIN 1814. 623 River, in a direction to enter the channel which divides Bois-Blanc and Sugar Islands; thence up the said channel to the west of Bois- Blanc Island, and to the east of Sugar, Fox, and Stony Islands, until it approaches Fighting or Great Turkey Island; thence along the western side, and near the shore of said last-mentioned island, to the middle of the river above the same; thence along the middle of said river, keeping to the southeast of, and near. Hog Island, and to the northwest 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 American shoie; thence along the middle of the river St. Clair, keeping to the west of, and near, the islands called Belle Riviere 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 north- ern shores of Drummond’s Island, and proceeding in a direction to enter the passage between the Island of St. Joseph’s and the American shore, passing to the north of the intermediate islands No. 61, 11, 10, 12, 9, 6, 4, and 2, and to the south of those numbered 15, 13, 5, and 1 ; thence up the said last-mentioned passage, keeiiing near to the island St. Joseph’s, and passing to the north and east of Isle a la Crosse, and of the small islands numbered 16, 17, 18, 19, and 20, and to the south and west of those numbered 21, 22, and 23, until it strikes a line (drawn on the map with black ink and shaded on one side of the point of intersection with blue, and on the other -with red,) passing across the river at the head of St. Joseph’s Island, and at the foot of the Neebish Rapids, which line denotes the termination of the boun- dary 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 communications, be- tween 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, betw^een the said boundary-line and the adjacent shores of the United States, or their territories, do, and each of them does, belong to the United States of America, in conformity with the true intent of the second article of the said treaty of 1783, and of the sixth article of the treaty of Ghent. In faith whereof we, the Commissioners aforesaid, have signed this declaration, and thereunto affixed our seals. Done in quadruplicate at Utica, in the State of New York, in the United States of America, this eighteenth day of June, in the year of our Lord one thousand eight hundred and twenty-two. [seal.] Peter B. Porter. [seal.] Anth; Barclay. 624 TREATIES, CONVENTIONS, ETC. COMMISSION CNDER ARTICLE VH. BOUNDARY FROM LAKE HURON TO THE LAKE OF THE WOODS. The Commission met .June 22, 1822, and, having disagreed, held their final meeting December 24, 1827. The boundary was agreed to by the Webster- Ashburton treaty. 1815.“ Convention of Commerce and Navigation. Concluded July 3, 1815 • ratification advised hy the Senate^ subject to exception as to the island of St. Helena, December 19, 1815 ; ratified by the President December 22, 1815 ; ratifications exchanged Decem- ber 22, 1815 ; proclaimed December 22, 1815. Articles. I. Freedom of commerce and naviga- tion. II. Import and export duties; ship- ping ; trade with British posses- sions in West Indies and North America. III. Trade with British East Indies, etc. IV. Consuls. 1'. Duration ; ratification. Declaration. Vessels excluded from island of St. Helena. The United States of America and His Britannick Majesty being desirous, by a convention, to regulate the commerce and navigation bettveen their respective countries, territories and people, in snch a manner as to render the same reciprocally beneficial and satisfac- tory, have respectively named Plenipotentiaries, and given them fall jiowers to treat of and conclude such convention, that is to say : The President of the United States, by and with the advice and consent of the Senate thereof, hath appointed for their Plenipoten- tiaries John Quincy Adams, Henry Clay, and Albert Gallatin, citi- zens of the United States; and His Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty, has named for his Plenipotentiaries the Right Honourable Frederick John Robinson, 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 Pleniiiotentiaries, 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 : Article I. There shall be between the territories of the United States of America, and all the territories of His Britannick Majesty in Europe, a reciprocal liberty of commerce. The inhabitants of the two coun- tries, respectively, shall have liberty freely and securely to come “This convention was continued in force for ten years I)y Article IV, treaty of 1818, and indefinitely extended by the convention of August 6, 1827. GREAT BRITAIN 1815. 625 with their fhips and cargoes to all such places, ports and rivers, in the territories aforesaid, to which other foreigners are permitted 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 ware- houses for the purposes of their commerce; and, generally, the mer- chants 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, respectively. Article II. ISio higher or other duties shall be imposed on the importation into the United States of any articles the growth, produce or manufacture of his Britannick Majesty’s territories in Europe, and no higher or other duties shall be imposed on the importation into the territories of His Britannick Majesty in Europe 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 countr}" ; 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, respective!}^, than such as are payable on the exportation of the like articles to any other foreign country; nor shall aii}^ 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 extencl to all other nations. Xo higher or other duties or charges shall be imposed in any of the ports of the United States on British vessels than those payable in 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 Brit- ish vessels. The same duties shall be paid on the importation into the United States of any articles the growdli, produce or manufacture of His Britannick Majesty’s territories in Europe, whether such importa- tion shall be in vessels of the United States or in British vessels, and the same duties shall be paid on the importation into the ports of any of His Britannick Majesty’s territories in Europe, of any article the growth, produce or manufacture of the United States, whether such importation shall be in British vessels or in vessels of the United States. The same duties shall be paid, and the same bounties allowed, on the exportation of any articles the growth, produce or manufacture 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 Britihs vessels or in vessels of the United States. 24449 — VOL 1 — 10 40 626 TREATIES, CONVENTIONS, ETC. It is further agreed that in all cases where drawbacks are or may be allowed upon the re-exiiortation of any goods the growth, produce or manufacture of either country, respectively, the amount of the said drawbacks shall be the same, whether the said goods shall have been originally imported in a British or an American vessel; but when such re-exportation shall take place from the United States in a British vessel, or from the territories of His Britannick Majesty in Europe in an American vessel, to any other foreign nation, the two contracting parties reserve to themselves, respective!}', the right of regulating or diminishing, in such case, the amount of the said draw'- back. The intercourse between the United States and his Britannick Maj- esty’s possessions in the West Indies, and on the continent of North America, shall not be affected by any of the provisions of this article, but each party shall remain in the complete iiossession of its rights, with res2iect to such an intercourse. Article III. His Britannick Majesty agrees that the vessels of the United States of America shall be admitted and hospitably received at the principal settlements of the British dominions in the 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 be- tween the said jirincijial settlements and the said United States, in all articles of which the imiiortation and exportation, respectively, to and from the said territories, shall not be entirely jirohibited; pro- vided 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 exjDort from the said territories, without the sjiecial permission of the British Government, 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 imjiortation or exjiorta- tion of the cargoes of the said vessels than shall be payable on the same articles when imjiorted or ex^iorted in the vessels of the most favored Eurojiean nations. But is it expressly agreed that the vessels of the United States shall not carry any articles from the said princijial settlements to any jiort or jilace, excejit to some port or place in the Ui^it^d States of America, 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 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 princijial settlements of the British Dominions in the East Indies, and then going with their original cargoes, or part thereof, from one of the said iirinciiial settlements to another, shall not be considered as carrying on the coasting trade. The vessels of the United States may also touch for refreshment, but not for com- merce, in the course of their voyage to or from the British territories in India, or to or from the dominions of the Emperor of China, at GREAT BRITAIN 1815. 627 the Cape of Good Hope, the island of St. Helena,® or such other places as may be in the possession of Great Britain, in the African or Indian seas; it being well understood that in all that regards this article the citizens of the United States shall be subject, in all re- spects, to the laws and regulations of the British Government from time to time established. xVrticle 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 do- minions and territories of the other party; but before any Consul shall act as such, he shall, in the usual form, be apiiroved and admit- ted by the Government to which he is sent ; and it is hereby declared that, in case of illegal or improper conduct towards the laws or Gov- ernment 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 liack, the offended Government assigning to the other the reasons for the same. It is hereby declared that either of the contracting parties may ex- cept from the residence of Consuls such particular places as such party shall judge fit to be so excepted. Article V. This convention, when the same shall have been duly ratified by the President of the United States, by and with the advice and consent of their Senate, and by His Britannick Majesty, and the respective rati- fications mutually exchanged, shall be binding and obligatory on the said United States and His Majesty for four years from the date of its signature ; * and the ratifications shall be exchanged in six months from this time, or sooner if possible. Done at London this third day of July, in the year of our Lord one thousand eight hundred and fifteen. [seal.] John Quincy Adams. [seal.] H. Clay. [seal.] Albert Gallatin. [seal.] Frederick John Robinson. [seal.] Henry Goulburn.* [seal.] William Adams. DECLARATION. The undersigned. His Britannick Majesty’s Charge d’Affaires in the United States of America, is commanded by His Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty, to explain and declare, upon the exchange of the ratifica- “ See “ Declaration ” at the end of this convention. ** Continued for ten years by the fourth article of the convention of 20th Oc- tober, 1818, and indefinitely extended by convention of August 6, 1827. ® In consequence of the death of the Emperor Napoleon Bonaparte, the British Government notified the Minister of the T'nited States at London of the cessa- tion of this restriction, on the 30th July, 1821. 628 TREATIES, CONVENTIONS, ETC. tions of the convention concluded at London on the third of July of the present year, for regulating the commerce and naviga- tion between the two countries, that, in consequence of events which have happened in Europe subsequent to the signature of the con- vention aforesaid, it has been deemed expedient, and determined, in conjunction with the allied sovereigns, that St. Helena shall be the place allotted for the future residence of General Xapoleon Bonaparte, under such regulations as may be necessary for the per- fect 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, excepting only ships belonging to the East India Company, shall be excluded from all communication with, or approach to, that island. It has therefore become impossible to comply with so much of the third article of the treaty as relates to the liberty of touching for re- freshment at the island of St. Helena, and the ratifications of the said treaty will be exchanged under 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. Anthont St. Jno. Baker. Washington, November 1815. 1817. Agreement Effected by Exchange of Notes Concerning Naval Force on the Great Lakes. Signed at ^V ashing ton., Ajiril 28-29, 1817 ; ratification advised by the Senate, April 16, 1818 ; proclaimed by the President, Apnl 28, 1818. Washington, April 28 1817 The Undersigned, His Britannick Majesty's Envoy Extraordinary and Minister Plenipotentiary, has the honour to acquaint Mr Eush, that having laid before His Majesty’s Government the correspondence which passed last j-ear between the Secretary of the Department of State and the Undersigned ujion the subject of a proposal to reduce the Naval Force of the resjiective Countries upon the American Lakes, he has received the commands of His Eoyal Highness The Prince Eegent to acquaint the Government of the United States, that His Eoyal Highness is willing to accede 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 INIajesty, agrees, that the Naval Force to be maintained upon the American Lakes by His iNIajesty 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 exceeding one hundred Tons burthen and armed with one eighteen pound cannon. On the Upper Lakes to two Vessels not exceeding like burthen each and armed with like force. GREAT BRITAIN — 1817. 629 On the waters of Lake Champlain to one Vessel not exceeding like burthen and armed with like force. And His Royal 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 Royal Highness further agrees, that if either Party should hereafter 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 expiration of six months from the date of such notice. The Undersigned has it in command from His Royal Highness the Prince Regent to acquaint the American Government, that His Royal Highness has issuecl orders to His Majesty’s Officers on the Lakes directing, that the Xaval Force so to be limited shall be restricted to such services as will in no respect interfere with the proper duties of the armed vessels of the other Party. The Undersigned has the honour to renew to Mr. Rush the assur- ances of his highest consideration. Charles Bagot Department or State, Afnl 29 1817. The Undersigned, acting Secretary of State, has the honor to ac- knowledge 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 be- tween the Secretaiy of State and himself upon the subject of a pro- posal to reduce the naval force of the two countries upon the American Lakes, he had received the commands of His Royal Highness The Prince Regent to inform this Government that Plis Royal 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 satis- faction which The President feels at His Royal Highness The Prince Regent’s having acceded to the proposition of this Government as contained in the note alluded to. And in further answer to Mr. Bagot’s note, 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 maintained upon the Lakes by the United 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 one 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 hereafter be desirous of annulling this stipulation and should give notice to that effect to the other psirty, it shall cease to be binding after the expiration 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 630 TREATIES, CONVENTIONS, ETC. the naval force thus limited to such services as will in no respect inter- fere 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 considera- tion and respect. Richard Rush. [By THE President of the United States of America. A rROCLAMATION. "^^Tiereas, an arrangement was entered into at the city of Wash- ington, in the month of April, in the year of our Lord one thousand eight hundred and seventeen, between Richard Rush, esquire, at that time acting as Secretary for the Department of State of the United States, for and in behalf of the government of the United States, and the Right Honorable Charles Bagot, His Britannic Majesty’s Envoy Extraordinary and Minister Plenipotentiary, for and in behalf of His Britannic Majesty, which arrangement is in the words follow- ing, to wit : “ The naval force to be maintained upon the American lakes by His Majesty and the Government of the United States shall hence- forth 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 one eighteen pound cannon “ On the Upper Lakes, to two vessels not exceeding like burden each, and armed with like force. “ On the waters of Lake Champlain, to one vessel not exceeding like burden, and armed with like force. “All other armed vessels on these lakes shall be forthwith dis- mantled, and no other vessels of war shall be there built or armed. “ If either party should be hereafter desirous of annulling this stipulation, and should give notice 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 naval force so to be limited shall be restricted to such serv- ices as will, in no respect, interfere with the proper duties of the armed vessels of the other party.” And whereas the Senate of the United States have approved of the said arrangement, and recommended that it should be carried into effect, the same having also received the sanction of His Royal Highness the Prince Regent, acting in the name and on the behalf of His Britannic Majesty. Now, therefore, I, James Monroe, President of the United States, do, by this my proclamation, make known and declare that the arrangement aforesaid, and every stipulation thereof, has been duly entered into, concluded and confirmed, and is of full force and effect. Given under my hand, at the citv of Washington, this twenty- eighth day of April, in the year of our Lord one thousand eight hundred and eighteen, and of the independence of the United States the forty-second. By the President: James Monroe. John Quincy Adams, Secret ar]j*of State.^ WRiSrUNS UBHAWY, 156 Fifth Avenue. York. GKEAT BRITAIN 1818. 631 1818. Convention Respecting Fisheries, Boundary and the Restora- tion or Slaves.® Concluded Octoher 20, 1818; ratifccition advised loy the Senate January 25, 1819; rntif.ed hy the President January 28, 1819; ratifications exchanged January 30, 1819; 'proclaimed January 30, 1819. Articles. I. Fisheries. II. Boundary from the Lake of the Woods to the Stony Mountains. III. Country west of the Stony Moun- tains. IV. Commercial convention extended. V. Claims for restitution of slaves. VI. Ratification. 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 Plenijiotentiaries, that is to say: The President of the United States, on his part, has appointed, Albert Gallatin, their Envoy Extraordinary and Minister Plenipo- tentiary to the Court of France; and Richard Rush, their Envoy Extraordinary and Minister Plenipotentiary to the Court of His Britannic Majesty: — and His Majesty has appointed the Right Honorable Frederick John Robinson, 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 fol- lowing articles. Article 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 Britannic Majesty’s dominions in America, it is agreed between the high con- tracting parties, that the inhabitants of the said United States shall have forever, in common with the subjects of His Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the 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, without prejudice however, to any of the exclusive rights of the Hudson Bay Company : And that the American fishermen shall also have liberty forever, to dry and cure fish in any of the unsettled bays, harbours, and creeks of the southern part of the coast of Newfoundland hereabove described, and of the coast of Labrador; Federal case : McKay v. Campbell, 2 Sawy, 118. 682 TEEATIES, CONVENTIOKS, ETC. blit 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 settled, without previous agreement for such purpose with the inhabitants, proprietors, or possessors of the ground. And the United States hereby renounce 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 har- bours 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 purchasing Avood, and of obtaining Avater, and for no other pur- pose whateA’er. But they shall be under such restrictions as may be necessary to prevent their taking, drying or curing fish therein, or in any other manner AvliateA^er abusing the privileges hereby re- served to them. Article II. It is agreed that a line drawn from the most northwestern point of the Lake of the Woods, along the forty-ninth parallel of north lati- tude, or, if the said point shall not be in the forty -ninth parallel of north latitude, then that a line draAvn from the said point due 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 inter- section due west along and Avith the said parallel shall be the line of demarcation betAveen the territories of the United States, and those of His Britannic Majesty, and that the said line shall form the northern boundary of the said territories of the United States, and the southern boundary of the territories of His Britannic Majesty, from the Lake of the Woods to the Stony Mountains. Article III.® It is agreed, that any country that may be claimed by either party on the northwest coast of America, westward of the Stony Mountains, shall, together Avith its harbours, bays, and creeks, and the navigation of all rivers Avithin 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, and subjects of the tAvo PoAvers: it being well understood, that this agreement is not to be construed to the preju- dice of any claim, Avhich either of the tAvo high contracting parties may haA^e to any part of the said country, nor shall it be taken to affect the claims of any other PoAver or State to any part of the said country; the only object of the high contracting parties, in that respect, being to prevent disputes and differences amongst themselves. Article IV.*' All the provisions of the conA^ention “ to regulate the commerce be- tween the territories of the United States and of His Britannic Majesty ” concluded at London on the third da}’’ of July in the year « See coin’eiitioii of 1S27. ** See conveution of 181.5. GREAT BRITAIN 1818. 633 of our Lord one thousand eight hundred and fifteen, with the excep- tion of the clause which limited its duration to four years, and ex- cepting also so far as the same was affected by the declaration of His Majesty resjDecting the island of St. Helena, are hereby extended and continued in force for the term of ten years from the date of the sig- nature 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 either party from the other during the war, or which may be taken after the signing of this treaty, excepting only the islands hereinafter men- tioned, shall be restored without delay; and without causing any de- struction, or carrying away any of the artillery or other public prop- erty 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 jirivate iiro^ierty;” and whereas under the aforesaid article the United States claim for their citizens, and as their private property, the restitution of, or full compensation for all slaves who, at the date of the exchange of the ratifications of the said treaty, were in any territory, places, or possessions whatsoever directed by the said treaty to be restored 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 ter- ritory or jurisdiction of the United States; and whereas differences have arisen whether, by the true intent and meaning of the aforesaid article of the treaty of Ghent, the United States are entitled to the restitution of, or full compensation for all or any slaves as above de- scribed, the high contracting parties hereby agree to refer the said differences to some friendly sovereign or State to be named for that purpose ; and the high contracting parties further engage to consider the decision of such friendly sovereign or State, to be final and con- clusive on all the matters referred. Article VI. 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 the respective ratifications mutually exchanged, shall be binding and obligatory on the said United States and on His Majesty; and the ratifications shall be exchanged in six months from this date, or sooner, if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have thereunto affixed the seal of their arms. Done at London this twentieth day of October, in the year of our Lord one thousand eight hundred and eighteen. [seal.] Albert Gallatin. [seal.] [seal.] [seal.] Richard Rush. Frederick John Robinson. Henry Goulburn. Referred to Emperor of Russia, convention of 1822. 634 TREATIES, CONVENTIONS, ETC. 1822 Convention for Indejinity Under Award of Emperor of Russia as TO THE True Construction of First Article of the Treaty of December 24, 1814. Concluded July 12^ 1822^ ratijiccdion advised l>y the senate January 3, 1823; ratifed hy the President January 1823; ratifications ex- changed January 10, 1823; proclaimed January 11, 1823. Articles. I. Arbitrators and commissioner. II. Agreement as to vaiiie. III. Commissioners to examine. IV. Examinations and evidence. V. Case of disagreement. VI. Finality of decision ; payment. VII. Pay of commissioners. VIII. Certified copies of convention. 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 Ireland, hav- ing agreed, in pursuance of the fifth article of the convention con- cluded at London on the 20th day of October, 1818, to refer the dif- ferences which had arisen between the two Governments, upon the true construction and meaning of the first article of the treat}^ of peace and amity concluded at Ghent on the 21th day of December, 1814, to the friendly arbitration of His Majesty the Emperor of all the Russias, mutually engaging to consider his decision as final and conclusive. And his said Imperial Majesty having, after due con- sideration, given his decision upon these differences in the following terms, to wit : “ That the United States of America are entitled to claim from Great Britain a just indemnification for all private property which the British forces may have carried away ; and, as the question relates to slaves more especiallj^, 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 awa}^, all such slaves as may have been transferred from the above-mentioned territories to British vessels within the waters of the said territories, and who for this reason may not have been restored. “ But that if there should be any American slaves who were carried away from territories of which the first article of the treaty of Ghent has not stipulated the restitution to the United States, the United States are not entitled to claim an indemnification for the said slaves.” Now, for the purpose of carrying into effect this award of His Im- perial Majesty, as arbitrator, his good offices have been farther in- voked to assist in framing such convention or articles of agTeement 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 aAvay in contravention of the treaty of Ghent, and for which indem- nification is to be made to the citizens of the United States, in Aurtue of His Imperial Majesty’s said aAvard, and shall secure compensation to the sufferers for their losses, so ascertained and determined. And GREAT BRITAIN 1822. 635 His Imperial Majesty has consented to lend his mediation for the above purpose, and has constituted and appointed Charles Robert Count Nesselrode, His 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 Mdiite Eagle of Poland, Grand Cross of the Order of St. Stephen of Hungary, of the Black and of the Red Eagle of Prussia, of the Legion of Honor of France, of Charles III of Spain, of St. Ferdinand and of Merit of Naples, of the Annunciation of Sardinia, of the Polar Star of Sweden, of the Elephant of Denmark, of the Golden Eagle of Wirtemberg, of Fi- delity of Baden, of St. Constantine of Parma, and of Guelph of Han- novre; and John Count Capodistrias, His Imperial Majesty’s Privy Counsellor, and Secretary of State, Knight of the Order of St. Alex- ander Nevsky, Grand Cross of the Order of St. Vladimir of the first class, Knight of that of the Wliite Eagle of Poland, Grand Cross of the Order of St. Stephen of Hungary, of the Black and of the Red 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 Demnark, of Fi- delity and of the Lion of Zahringen of Baden, Burgher of the Canton of Valid, and also of the Canton and of the Republic of Geneva, as his Plenipotentiaries to treat, adjust, and conclude such articles of agreement as may tend to the attainment of the above-mentioned 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 Middleton, a citizen of the said United States, and their Envoy Extraordinary and Minister Plenipotentiary to His Majesty the Emperor of all the Russias; and on the part of His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honorable Sir Charles Bagot, one of Mis Majesty’s most Honorable Privy Council, Knight Grand Cross of the most honorable Order of the Bath, and his Majesty’s Am- bassador Extraordinary and Plenipotentiary to His Majesty the Emperor of all the Russias ; And the said Plenipotentiaries, after a reciprocal communication of their ■ respective full powers, found in good and due form, have agreed upon the following articles : Article I. For the purpose of ascertaining and determining the amount of indemnification which may be due to citizens of the United States under the decision of His Imjierial Majesty, two Commissioners and two Arbitrators shall be appointed in the manner following, that is to say : One Commissioner and one Arbitrator 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 Britan- nic Majesty. And the two Commissioners and two Arbitrators, thus appointed, shall meet and hold their sittings as a board in the city of Washington. They shall have power to appoint a secretary, and 636 TREATIES, CONVENTIONS, ETC. before proceeding to the other business of the commission, they shall, respectively, 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, that is to say : “ I, A. B., one of the Commissioners (or Arbitrators, as the case may be) appointed in pursuance of the convention concluded at St. Petersburg on the day of jviy*;' one thousand eight hundred and twenty-two, between His Majesty the Emperor of all the Russias, the United States of America, and His Britannic Majesty, do solemnly swear (or affirm) that I will diligently, impartially, and carefully examine, and, to the best of my judgment, according to justice and equity, decide all matters submitted to me as Commis- sioner (or Arbitrator, as the case may be) under the said coni’ention.'’ All vacancies occurring by death or otherwise shall be filled up in the manner of the original appointment, and the new Commissioners or Arbitrators shall take the same oath or affirmation, and perform the same duties.. Article II. If, at the first meeting of this board, the Governments of the United States and of Great Britain shall not have agreed upon an average value, to be allowed as compensation for each slave for whom indemnification may be due; then, and in that case, the Commissioners and Arbitrators shall conjointly proceed to examine the testimon}'^ 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 fix the average value. But in case that the majority of the board of Commissioners and Arbitrators should not be able to agree respect- ing such average value, then, and in that case, recourse shall be had to the arbitration of the Minister or other Agent of the mediating Power accredited to the Government of the United States. A state- ment of the evidence produced, and of the proceeding’s of the board thereupon, shall be communicated to the said INIinister or Agent, and his decision, founded upon such evidence and proceedings, shall be final and conclusive. And the said average value, Avhen 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 ma}^ afterwards be found that indem- nification is due. Article III. Mdien the average value of slaves shall have been ascertained and fixed, the two Commissioners shall constitute a board for the ex- amination of the claims which are to be submitted to 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 idemnifica- tion; it being understood and hereby agreed that the commission shall not take cognizance of, nor receive, and that his Britannic Majesty shall not be required to make, compensation for any claims GEEAT BEITAIN 1822. 637 for private property under the first article of the treaty of Ghent not contained in the said list. And his Britannic Majesty hereby engages to cause to be produced before the commission, as material towards ascertaining facts, all the evidence of which his Majesty’s Govern- ment may be in possession, by returns from His Majesty’s officers or otherwise, of the number of slaves carried away. But the evidence so produced, or its defectiveness, shall not go in bar of any claim or claims which shall be otherwise satisfactorily authenticated. Article IV. The two Commissioners are hereby empowered and required to go into an examination of all the claims submitted, thro’ the above- mentioned list, by the owners of slaves or other property, or by their lawful attorneys or representatives, and to determine the same, re- spectively, according to the merits of the several cases, under the rule of the Imperial decision hereinabove recited, and having refer- ence, if need there be, to the explanatory documents hereunto an- nexed, marked A and B. And, in considering such claims, the Commissioners are empowered and required to examine, on oath or affirmation, all such persons as shall come before them touching the real number of the slaves, or value of other property, for which idemnification is claimed ; and, also, to receive in evidence, accord- ing as they may think consistent with equity and justice, written depositions or papers, such depositions or papers being duly authen- ticated, either according to existing legal forms, or in such other manner as the said Commissioners shall see cause to require or allow. Article V. In the event of the two Commissioners not agreeing in any par- ticular case under examination, or of their disagreement upon any question which may result from the stipulations of this convention, 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; and a final decision shall be given, conformably to the opinion of the ma- jority of the two Commissioners and of the Arbitrator so drawn by lot. And the Arbitrator, when so acting with the two. Commis- sioners, shall be bound in all respects by the rules of proceeding en- joined by the IVth article of this convention upon the Commissioners, and shall be vested with the same powers, and be deemed, for that case, a Commissioner. Article VI. The decision of the two Commissioners, or of the majority of the board, as constituted by the preceding article, shall in all cases be final and conclusive, whether as to number, the value, or the owner- ship 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 638 TREATIES, CONVENTIONS, ETC. be given as they shall direct: Provided, that no such payment shall be fixed to take place sooner than twelve months from the day of the exchange of the ratifications of this convention. Article VII. It is farther agreed that the Commissioners and Arbitrators shall be respectively paid in such manner as shall be settled between the Governments of the United States and Great Britain at the time of the exchange of the ratifications of this convention. And all other expenses attending the execution of the commission shall be defrayed jointly by the United States and His Britannic Majesty, the same being previously ascertained and allowed by the majority of the board. Article VIII. A certified copy of this convention, when duly ratified by His Majesty the Emperor of all the Russias, by the President of the United States, by and with the advice and consent of their Senate, and by His Britannic Majesty, shall be delivered by each of the con- tracting parties, respectively, to the Minister or other Agent of the mediating Power accredited to the Government of the United States, as soon as may be after the ratifications shall have been exchanged; which last shall be effected at Washington in six months from the date hereof, or sooner if possible. In faith whereof, the respective Plenipotentiaries have signed this convention, drawn up in two languages, and have hereunto affixed their seals. Done in triplicate at St. Petersburg, this-tj^^f^jf day of one thousand eight hundred and twenty-two. [seal.] [ SEAL.] [seal.] [seal.] Nesselrode. Capodistrias. Henry Middleton. Charles Bagot. A. Count Nesselrode to Mr. Middleton. [Translation.] The undersigned, Secretary of State, directing the Imperial Administration of Foreign Affairs, has the 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 ob.iect of the differences which have arisen between the United States and Great Britain, realtive to the interpi'etation of the first article of the treaty of Ghent, Mr. Middleton is requested to consider this opinion as the award required of the Emperor by tlie two I'owers. He will doubtless recollect that he, as well as the Plenipotentiary of His Britannic Majesty, in all his memorials, has principally insisted on the gram- matical sense of the first article of the treaty of Ghent, and that, even in his note of the 4th (16th) November. 1S21. 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 liis Imperial Majesty should be founded. GREAT BRITAIN 1822. 639 The same declaration being made in the note of the British Plenipotentiary dated 8th (20th) October, 1821, the Emperor had only to conform to the Mdshes expressed by the two parties, by devoting all his attention to the examination of the grammatical question. The above-mentioned opinion will show the manner in which His Imperial Majesty judges of this question ; and in order that the Cabinet of Washington may also know the motives upon which the Emperor’s judgment is founded, the undersigned has hereto subjoined an extract of some observations upon the literal sense of the first article of the treaty of Ghent. In this respect the Emperor has confined himself to following the rules of the language employed in drawing up the act, by which the two Powmrs have required his arbitration, and defined the object of their difference. His Imperial Majesty has thought it his duty, exclusively, to obey the author- ity of these rules, and his opinion could not but be the rigorous and necessary consequence thereof. The undersigned eagerly embraces this occasion to renew to Mr. Middleton the assurances of his most distinguished consideration. NESSELRODE. St. Petersburg, 22d April, 1822. HIS IMPERIAL majesty’s AWARD. [Translation. ] ^ Invited by the United States of America and by Great Britain to give an opinion, as Arbitrator, in the differences which have arisen between these two Powers, on the 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 resiiective Plenipotentiaries have set forth to his administration of foreign affairs the arguments upon which each of the litigant parties depends in support of th,e 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 tb.e 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 upon the construction of the text of the article as it stands, that the Arbitrator's decision should be founded, and that both have appealed, only as subsidiary means, to the general principles of the law of nations and of maritime law ; The Emperor is of opinion “ that the question can only be decided according to the literal and grammatical sense of the first article of the treaty of Ghent.” As to the literal and grammatical sense of the first article of the treaty of Ghent : Considering that the period upon the signification of which doubts have arisen, is expressed as follows: “All territory, places, and possessions whatsoever, taken by either party from the other during the war. or which may be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall be restored with- out 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, and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves, or other private property; and all archives, records, deeds, and papers, either of a public nature, or belonging to private persons, which, in the course of the war, may have fallen into the hands of the officers of either party, shall be, as far as may be practicable, forthwith restored and delivered to the proper authorities .and persons to whom they respectively belong.” Considering that, in this period, the words originally captured, and which shall remain therein upon the exchange of the ratifications, form an incidental phrase, which 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 restitu- 640 TREATIES, CONVENTIONS, ETC. tion, only the public property which might have heen originally captured there, and which should remain therein upon the exchange of the raii/iculions, 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 Fnited States of America are entitled to a just indemnification, from Great Britain, for all private property carried away by the British forces; and as the question regards slaves more especially, for all such slaves as were carried away by the British forces, from the places and territories of which the restitution was stipulatetl by the treaty, in quitting the said places and territories ; * “That the T'nited States are entitled to consider, as having been so carried away, all such slaves as may have been transported from the above-mentioned territories on board of the British vessels within the waters of the said terri- tories, and who. for this reason, have not lieen restored; “ But that, if there should be any American slaves who were carried away fi’om territories of which the first article of the treaty of Ghent has not stipu- lated the i-estitution to the Thiited States, the United States are not to claim any indemnification for the said slaves.” The Emperor declares, besides, that he is ready to exercise the office of mediator, which has been conferred on him beforehand by the two States, in the negotiations which must ensue between them in consequence of the award which they have demanded. Done at St. Petersburg 22d April. 1822. B. Count Nesselrode to 1/r. Middleton. [Translation.] The undersigned. Secretary of State, directing the Imperial Administration of Foreign Affairs, has, without delay, laid before the Emperor, his master, the explanations into which the Ambassador of His Britannic Majesty has entered with the Imperial Ministry, in consequence of the preceding confidential com- munication 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 IMajesty, “ 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, voluntarily joined the British forces, either in consequence of the encouragement which His Majesty’s officers had offered them, or to free them- selves from the power of their master — 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 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 from the text of the article in disi)ute. does not think himself called upon to decide here any question relative to what the laws of war permit or forbid to the billigerents ; but, always faithful to the grammatical interpretation of the 1st article of the treaty of Ghent, His Imperial Majesty declares, a second time, that it appears to him according to this interpretation ; “ That, in quitting the places and territories of which the treaty of Ghent stipulates the restitution to the United States. His Britannic Majesty’s forces had no right to carry away from these same places and territories, absolutely, any slave, by whatever means he had fallen or come into their power. “ But that if, during the war, American slaves had been carried away by the English forces, from other places than those of which the treaty of Ghent stipu^ GREAT BRITAIN — 1822-1826. 641 lates the restitution, upon the territory, or on board British vessels. Great Britain should not be bound to indemnify the United States for the loss of these slaves, by whatever means they might have fallen or come into the power of her officers.” Although convinced, by the previous explanations above mentioned, that such is also the sense which Sir Charles Bagot attaches to his observation, the undersigned has nevertheless received from His Imperial Majesty orders to address the present note to the respective Plenipotentiaries, which will prove to them, that, in order the better to justify the confidence of the two Govern- ments, 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. Middle- ton the assurance of his most distinguished consideration, NESSELRODE. St. Peteesbubg, 22d April, 1822. The Commission provided for in the foregoing treaty met In Washington August 25, 1823, and having fixed the average value of the slaves on September 13, 1824, met to consider the claims. Being unable to agree, the convention of November 13, 1826, was negotiated and the Commission was dissolved March 26, 1827. 1826. Convention Eelattve to Indemnity foe Slaves. Concluded November 13., 1826; ratification advised by the senate December 26, 1826; ratified by the President December 27, 1826 ; ratificatioTis exchanged February 6, 1827 ; 'proclaimed March 19, 1827. ■ Akticles. I. Sum to be paid. II. Convention annulled. III. Place of payment. IV. To be in full payment. V. Papers of the commission. VI. Ratification. Difficulties having arisen in the execution of the convention con- cluded at St. Petersburg!! on the twelfth day of July, 1822, under the mediation of His Majesty the Emperor of all the Russias, between the United States of America and Great Britain, for the purpose of carrying into effect the decision of His Imperial Majesty upon the dif- ferences which had arisen between the said United States and Great Britain on the true construction and meaning of the first article of the treaty of peace and amity concluded at Ghent on the twenty- fourth day of December, 1814: The said United States and his Britannick Majesty, being equally desirous to obviate such difficulties, have respectfully named Plenipotentiaries to treat and agree respect- ing 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 Right Honour- able William Huskisson, a member of his said Majesty’s Most Honour- able 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 24449— VOL 1—10 41 642 TREATIES, CONVENTIONS, ETC. Addington, Esquire, late His Majesty’s Charge d’ Affaires to the United States of America ; AVlio, after having communicated to each other their respective full powers, found to be in due and proper form, have agreed upon and concluded 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 agree to receive, for the use of the persons entitled to indemnifications and compensation by virtue of the said decision and convention, 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 com- plete 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 conven- tion is hereby declared to be cancelled and annulled, save and except the second article of the same, which has already been carried into execution by the Commissioners appointed under the said conven- tion;— and save and except so much of the third article of the same as relates to the definitive list of claims and has already likewise 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 per- sons 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. Article IV. The above sums being taken as a full and final liquidation of all claims whatsoever arising under the said decision and convention, both the final adjustment of those claims, and the distribution of the sums so paid by Great Britain to the United States, shall be made in such manner as the United States alone shall determine; and the Government of Great Britain shall have no further concern or liability therein. Article V. It is agreed that from the date of the exchange of the ratifications of the present convention, the joint commission appointed under the GREAT BIRTAIN — 1826-182’7. 643 said convention of St. Petersbnrgh, of the twelfth of July, 1822, shall he dissolved; and upon the dissolution thereof, all the documents and papers in possession of the said commission, relating to claims under that convention, shall he delivered over to such person or per- sons as shall he 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 he made over) relating to claims under the said convention, which he may have received from his Government for the use of the said commission, conformahly to the stipulations contained in the third article of the said convention. Article VI. The present convention shall he ratified, and the ratifications shall be exchanged in London, in six months from 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 affixed thereunto the seals of their arms. Done at London this thirteenth day of November, in the year of our Lord one thousand eight hundred and twenty-six. [seal.] Albert Gallatin. [seal.] Willia^i Huskisson. [seal.] Hexry Unwin Addington. By Act of Congress of March 2, 1827, a coniinission was anthorized to settle the claims referred to in the foregoing convention. Its first meeting was held July 10, 1827, and it adjourned August 31, 1828. 1827. Convention Continuing in Force Article III Treaty or 1818. Concluded August 6^ 1827 ; ratifcation advised hy the Senate Fehru- ary 5, 1828; ratified hy the President February 21^ 1828; ratifica- tions exchanged April 2, 1828; proclaimed May 15^ 1828. The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, being 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 America, west of the Stoney or Rocky 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 respectively named their Plenipotentiaries to treat and agree concerning a temporary renewal of the said article, that is to say : 644 TREATIES, CONVENTIONS, ETC. The President of the United States of America, Albert Gallatin, their Envoy Extraordinary and INIinister Plenipotentiary to His Britannick Majesty ; and His Majesty the King of the United King- dom of Great Britain and Ireland, the Right Honourable Charles Grant, a member of his said Majesty’s Most Honourable Privy Coun- cil, 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 powers, found to be in due and proper form, have agreed upon and concluded the following articles: Article L 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 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 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 twentieth of October, 1828, on giving due notice of twelve months to the other contracting party, to annul and abrogate this convention : and it shall, in such case, be accordingly entirely annulled and abrogated, after the expiration of the said term of notice. Article III. Nothing contained in this convention, or in the third article of the convention of the twentieth of October, 1818, hereby continued in force, shall be construed to impair, or in any manner affect, the claims which either of the contracting parties may have to any part of the country westward of the Stoney or Rocky ^Mountains. Article IV. The present convention shall be ratified, and the ratifications shall be exchanged in nine months, or sooner if possible. It witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at London the sixth day of August, in the year of our Lord one thousand eight hundred and twenty-seven. [seal.] Albert Gallatin. [seal.] Cha. Grant. [seal.] Henry Unwin Addington. The boundary from the Rocky Mountains to the Pacific Coast was agreed to by the treaty of 1846. GEEAT BEITAIN ^1827. 645 1827. Commercial Convention. Concluded August 6, 1827 ; rati-fication advised Ijy the Senate January 9, 1828; rati-fied hy the President January 12^ 1828; ratifications exchanged ApHl 2^ 1828; 'proclaimed. May 15^ 1828. Articles. I. Commercial convention continued I III. Ratification. II. Duration. 1 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 1816, and further renewed by the Fourth Article of the Convention of the Twentieth of October 1818, — have, for that purpose, named Their respective Plenipotentiaries, that is to say : The President of the United States of America, Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiary to His Bri- tannick Majesty : And his Majesty The King of the United Kingdom of Great Britain and Ireland, The Right Honourable Charles Grant, a Mem- ber of His said Majesty’s Most Honourable Privy Council, a Mem- ber of Parliament, and Vice President of the Committee of Privy Council for Affairs of Trade and Foreign Plantations; — and Henry Unwin Addington, Esquire: — MTio, after having communicated to each other their respective Full Powers, found to be in due and proper form, have agreed upon and concluded 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 Kingdom of Great Britain and Ireland, on the Third of July 1815, and further continued for the term of ten Years by the fourth Article of the Con- vention of the Twentieth of October i818, with the exception therein contained, as to S‘ Helena, are hereby further indefinitely, and with- out the said exception, extended and continued in force, from the date of the expiration of the said ten Years, in the same manner as if all the Provisions of the said Convention of the Third of July 1815, were herein specifically recited. Article II. It shall be competent, however, to either of the Contracting Parties, in case either should think fit, at any time after the expiration of the said ten years, — that is, after the Twentieth of October, 1828, — on giving due notice of twelve months to the other Contracting Party, to annul and abrogate this Convention: — and it shall, in such case, 646 TREATIES, CONVENTIONS, ETC. 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 Ratifications shall be exchanged in Nine Months, or sooner if possible. In Witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the Seals of their Arms. — Done at London the Sixth day of August, in the Year of Our Lord One Thousand Eight Hundred and Twenty-Seven. [seal.] Albert Gallatin [seal.] Cha. Grant. [seal.] Henry Unwin Addington. 1827. Convention Providing for the Subjiission to Arbitration the Dispute Concerning the Northeastern Boundary. Conclvded Septemher £9, 1827; ratification advised hy the Senate Jana ary i4, 1828; ratified hy the President Fehriuu'y 12^ 1828; rati- fications exchanged ApHl 2^ 1828; proclaimed May 15, 1828. I. Reference of difficnlties. II. Statement of respective cases. III. Evidence. IV. Maps. Articles. V. Delivery of statement. VI. Procedure. VII. Decision. VIII. Ratification. AVhereas 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 Com- missioners, stating the points on which they had differed, should be submitted to some friendly Sovereign or State, and that the decision given by such Sovereign or State, on such points of difference, should be considered by the contracting parties as final and conclusive: That case having now arisen, and it having, therefore, become expedient to proceed to and regulate the reference as above described, the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland have, for that purpose, named their Plenipotentiaries, that is to say: The President of the United States has appointed Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiary at the Court of His Britannick Majesty; and His said Majesty, on his part, has appointed the Right Honourable Charles Grant, a member of Parliament, a member of His said Majesty’s Most Honourable Privy Council, and President of the Committee of the Privy Council for Affairs of Trade and Foreign Plantations, and Henry Unwin Adding- ton, Esquire; GREAT BRITAIN 1827. 647 AVho, after having exchanged their respective full powers, found to be in due and proper form, have agreed to and concluded the fol- lowing articles: Article I. It is agreed that the points of difference which have arisen in the settlement of the boundary between the American and British domin- ions, 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 decision upon, such points of difference. The two contracting Powers engage to proceed in concert, to the choice of such friendly Sovereign or State, as soon as the ratifications of this convention shall have been exchanged, and to use their best endeavours to obtain a decision, if practicable, within two years after the Arbiter shall have signified his consent to act as such. 0 Article II. The reports and documents, thereunto annexed, of the Commis- sioners appointed to carry into execution the 5th article of the treaty of Ghent, being so voluminous and complicated as to render it im- probable that any Sovereign or State should be willing or able to un- dertake the office ofin vestigating 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 communi- cated to each other by the contracting parties, that is to say, by the United States to His Britannick Majesty’s Minister or Charge d’Af- faires at Washington, and by Great Britain to the Minister or Charge d’Affaires of the United States at London, within fifteen months after the exchange of the ratifications of the present convention. After such communication shall have taken place, each party shall have the power of drawing up a second and definitive statement, if it thinks fit so to do, in reply to the statement of the other party, so com- municated, which definitive statements shall also be mutually com- municated, in the same manner as aforesaid, to each other, by the contracting parties, within twenty-one months after the exchange of ratifications of the present convention. Article III. Each of the contracting parties shall, within nine months after the exchange of ratifications of this convention, communicate to the other, in the 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 annexed, 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 ratifications of this convention, to give authentick copies of such indi- 648 TREATIES, CONVEKTIONS, ETC. vidually 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, be5mnd that v?hich is hereinafter stipulated, nor shall any fresh evidence of any description be adduced or adverted to, by either party, other than that mutually communi- cated 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 Commissioners, or papers thereunto annexed, and other written docu- ments 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. Article 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 con- tracting parties, as a delineation of the water-courses, and of the boundary lines in reference to the said water-courses, as contended for by each party respectively, and which has accordingly been signed by the above-named Plenipotentiaries, at the same time with this con- vention, shall be annexed to the statements of the contracting parties, and be the only maps that shall be considered as evidence, mutually acknowledged by the contracting parties, of the topography of the country. It shall, however, be lawful for either party to annex to its respec- tive first statement, for the purposes of general illustration, any of the maps, surveys, or topographical delineations, which were filed by the Commissioners under the 5th article of the treaty of Ghent, any engraved map heretofore published, and also a transcript of the above-mentioned map A, or of a section thereof, in which transcript each party may lay down the highlands, or other features of the country, as it shall think fit; the water courses and the boundry 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 state- ments, shall be communicated to the other party, in the same manner as aforesaid, within nine months after the exchange of the ratifica- tions 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 mar- gin of such transcript, map or maps, or otherwise. Article V. All the statements, papers, maps, and documents, above mentioned, and which sliall have been mutually communicated as aforesaid, sliall, GREAT BRITAIN ^1827. 649 without any addition, subtraction, or alteration, whatsoever, be jointly and simultaneously delivered in to the arbitrating Sovereign or State within two years after the exchange of ratifications of this convention, unless the Arbiter should not, within that time, have con- sented 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 statements, papers, maps, or documents shall ever be laid before the Arbiter, except as hereinafter provided. Article VI. In order to facilitate the attainment of a just and sound decision on the part of the Arbiter, it is agreed that, in case the said Arbiter should desire further elucidation or evidence in regard to any spe- cifick point contained in any of the said statements submitted to him, the requisition for such elucidation or evidence shall be simultane- ously made to both parties, who shall thereupon be permitted to bring further evidence, if required, and to make, each, a written reply to the specifick questions submitted by the said Arbiter, but no further ; and such evidence and replies shall be immediately commu- nicated by each party to the other. And in case the Arbiter should find the topographical evidence, laid as aforesaid before him, insufficient for the purposes of a sound and just decision, he shall have the power of ordering additional surveys to be made of any portions of the disputed boundary line or territory, as he may think fit; which surveys shall be made at the joint expense of the contracting parties, and be considered as conclusive by them. Article VII. The decision of the Arbiter, when given, shall be taken as final and conclusive; and it shall be carried, without reserve, into im.mediate effect, by Commissioners appointed for that purpose by the contract- ing parties. Article VIII. This convention shall be ratified, and the ratifications shall be ex- changed in nine months from the date hereof, or sooner if possible. In witness whereof, we, the respective Plenipotentiaries, have signed the same, and have affixed thereto the seals of our arms. Done at London the twenty-ninth day of September, in the year of our Lord one thousand eight hundred and twenty-seven. SEAL. SEAL. SEAL. Albert Gallatin. Cha. Grant. Henry Unwin Addington. On January 10, 1831, the King of the Netherlands submitted an award which was not accepted by either Government. The boundary was finally determined by the convention of August 9, 1842. 650 TREATIES, CONVENTIONS, ETC. 1842. Convention as to Boundaries, Suppression of Slave Trade, and Extradition.® (WEBSTBR-ASHBURTON TREATY.) Concluded August 9, 18If2; ratification advised hy the Senate August 20, 18Jf2; ratified hy the President August 22, 18Jf2 ; ratifications exchanged October 13, 18Jf2 ; froclaimed November 10, 181^2. Articles. I. Northeastern boundary agreed to. II. Northern boundary, Lake Huron to Lake of the Woods. III. Navigation of St. John River. IV. Confirmation of prior land grants. V. Distribution of “ Disputed terri- tory fund.” VI. Commission to mark northeastern boundary line. VII. Channels open to both parties. VIII. Suppression of slave trade. IX. Remonstrances with other pow- ers. X. Extradition of fugitives from justice. XI. Duration. XII. Ratification. Whereas certain portions of the line of boundary between the United States of America and the British dominions of North Amer- ica, described in the second article of the treaty of peace of 1783, have not yet been ascertained and determined, notwithstanding the re- peated 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 respect under the said treaty, they should agree on a conven- tional line in said portions of the said boundary, such as may be con- venient 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 Britannic Majesty, an article was agreed to and in- serted of the following tenor, vizt: “Art. 10. Whereas the traffic in slaves is irreconcilable with the principles of humanity and justice: and whereas both His Majesty and the United States are desirous of continuing their efforts to promote its entire abolition, it is hereby agreed that both the contracting parties shall use their best endeav- ® Federal cases: In re Kaine (14 How., 10.3), U. S. v. Rauscher (119 U. S., 407), Bryant v. U. S. (167 U. S., 104), In re Kelly (2 Lowell, 339), In re Dugau (2 Lowell, 367), Ex parte Ross (2 Bond, 252), The British Prisoners (1 Wood. & M., 60), Ex parte Kaine (3 Blatch., 1), Ex parte Van Aernam (3 Blatch., 160), U. S. V. Caldwell (8 Blatch., 131), In re MacDonnell (11 Blatch., 79, 170), U. S. V. Lawrence (13 Blatch., 295), In re Fowler (4 Fed. Rep., 303), Ex parte Lane (6 Fed. Rep., 34), U. S. v. Watts (14 Fed. Rep., 130), In re Wadge (15 Fed. Rep., 864 : 16 Fed. Rep., 332), In re Tully (20 Fed. Rep., 812), In re Miller (23 Fed. Rep., 32), In re Kelley (25 Fed. Rep., 268; 26 Fed. Rep., 8.52), Ex parte Hibbs (26 Fed. Rep., 421), In re Ferrelle (28 Fed. Rep., 878), In re McPhun (30 Fed. Rep., 57), In re Fergus (30 Fed. Rep., 607), In re Herres (33 Fed. Rep., 165), In re Charleston (34 Fed. Rep., 531), In re Reinitz (39 Fed. Rep., 204), In re Cross (43 Fed. Rep., 517), In re Miiieau (45 Fed. Rep., 188), Hall v. Patterson (45 Fed. Rep., 352), In re Carrier (57 Fed. Rep., 578), In re Sternaman (77 Fed. Rep., ,595; 80 Federal. 883; 83 Federal, 690), In re Newman (79 Fed. Rep., 622), In re Bryant (80 Fed. Rep., 282), In re Ori)eu (86 Fed. Rep. 760), Cohn v. Jones (100 Fed. Rep., 639), In re Hersko\itz (136 Fed. Rep., 713). GREAT BRITAIN — 1842. 651 ors to accomplish so desirable an object; ” and whereas, notwithstand- ing the laws which have at various times been passed by the two Governments, and the efFoits made to suppress it, that criminal traffic is still prosecuted and carried on ; and whereas the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland are determined that, so far as may be in their power, it shall be effectually abolished ; and whereas it is found expe- dient, for the better administration of justice and the prevention of crime within the territories and jurisdiction of the two parties re- spectively, that persons committing the crimes hereinafter enu- merated, and being fugitives from justice, should, under certain cir- cmnstances, 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 Honorable Alex- ander Lord Ashburton, a peer of the said United Kingdom, a mem- ber 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 agi’eed and declared that the line of boundary shall be as follows : Beginning at the monument at the source of the river St. Croix as designated and agreed to by the Commissioners under the fifth article of the treaty of 1794, between the Governments of the United States and Great Britain ; thence, north, following the ex- ploring line run and marked by the suiweyors of the two Governments in the years 1817 and 1818, under the fifth article of the treat3'^ of Ghent, to its intersection Avith 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 Pohenaga- mook; 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 Avhich empty them- selves into the river Saint LaAvrence 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, southerly, by the said branch, to the 652 TBEATIES, CONVENTIONS, ETC. 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 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 under- stood, to the Iroquois or St. Lawrence River. Article II. It is moreover agreed, that from the place where the joint Commis- sioners terminated their labors under the sixth article of the treaty of Ghent, to wit, at a point in the Neebish 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 chan- nel at or near the head of St. Joseph’s Island ; thence, turning east- wardly and northwardly around the lower end of St. George’s or Sugar Island, and following the middle of the channel which divides St. George’s from St. Joseph’s Island; thence up the east Neebish Channel, nearest to St. George’s Island, through the middle of Lake George; thence, west of Jonas’ Island, into St. Mary’s River, 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 He Royale, 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 Royale, where the line marked by the Commissioners terminates ; and from the last-mentioned point, south- westerly, through the middle of the sound between He Royale and the northwestern main land, to the mouth of Pigeon River, and up the said river, to and through the north and south Fowl Lakes, to the lakes of the height of land between Lake Superior and the Lake of the Woods; thence, along the water communication to Lake Saisagi- naga, and through that lake; thence, to and through Cypress Lake, Lac du Bois Blanc, Lac la Croix, Little 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 Rainy Lake, at the Chaudiere 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' 65" 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 Rocky Mountains. It being understood that all the water communications and all the usual portages along the line from Lake Superior to the Lake of the GREAT BRITAIN — ^1842. 653 Woods, and also Grand Portage, from the shore of Lake Superior to the Pigeon River, as now actually used, shall be free and open to the use of the citizens and subjects of both countries. Articbe III. In order to promote the interests and encourage the industry of all the inhabitants of the countries watered by the river St. John and its tributaries, whether living within the State of Maine or the prov- ince 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 all the produce of the forest, in logs, lumber, timber, boards, staves, or shingles, or of agi’iculture, 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 New Brunswick, the said produce shall be dealt with as if it were the pro- duce of the said province; that, in like manner, the inhabitants of the territory of the upper St. John, determined by this treaty to be- long 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 through the State of Maine ; Provided, always, that this agree- ment shall give no right to either party to interfere with any regu- lations not inconsistent with the terms of this treaty which the gov- ernments, respectively, of Maine or of New Brunswick may make re- specting 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 the limits of the territory which by this treaty falls within the dominions of the other party, shall be held valid, ratified, and confirmed 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 improve- ments 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. 654 TREATIES, CONVENTIONS, ETC. Article V. Whereas in the course of the controversy respecting the disputed territory on the northeastern boundary, some moneys have been re- ceived by the authorities of Her Britannic Majesty’s province of New Brunswick, with the intention of preventing depredations on the forests of the said territory, which moneys were to be carried to a fund called the “ disputed territory fund,” the proceeds whereof it was agreed should be hereafter paid over to the parties interested, in the proportions to be determined by a final settlement of boundaries, it is hereby agreed that a correct account of all receipts and pay- ments on the said fund shall be delivered to the Government of the United States within six months after the ratification of this treaty; and the proportion of the amount due thereon to the States of IMaine and Massachusetts, and any bonds or securities appertaining thereto shall be paid and delivered over to the Government of the United States ; and the Government of the United States agrees to receive for the use of, and pay over to, the States of Maine and Massachusetts, their respective portions of said fund, and further, to pay and satisfy said States, respectively, for all claims for expenses incurred by them in protecting the said heretofore disputed territory and making a survey thereof in 1838; the Government of the United States agree- ing with the States of Maine and Massachusetts to pay them the further sum of three hundred thousand dollars, in equal moieties, on account of their assent to the line of boundary described in this treaty, and in consideration of the conditions and equivalents received therefor from the Government of Her Britannic Majesty. Article VI. It is furthermore understood and agreed that, for the purpose of running and tracing those parts of the line between the source of the St. Croix and the St. Lawrence River which will require to be run and ascertained, and for marking the residue of said line by proper monuments on the land, two Commissioners shall be ap- pointed, 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 Bangor, in the State of Maine, on the first day of May next, or as soon thereafter 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 outlet of the said lake they shall ascertain, fix, and mark, by proper and durable monuments on the land, the line described in the first article of this treaty; and the said Commissioners shall make to each of their respective Governments a joint report or declaration, under their hands and seals, designating such line of boundary, and shall accompany such report or declaration with maps, certified by them to be true maps of the new boundary. Article VII. It is further agreed that the channels in the river St. Lawrence on both sides of the Long Sault Islands and of Barnhart Island, the GREAT BRITAIN 1842. 655 channels in the river Detroit on both sides of the island Bois Blanc, and between that island and both the American and Canadian shores, and all the several channels and passages between the various islands lying near the junction of the river St. Clair with the lake of that name, shall be equally free and open to the ships, vessels, and boats of both parties. Article VIII.“ The parties mutually stipulate that each shall prepare, equip, and maintain in service on the coast of Africa a sulRcient and adequate squadron or naval force of vessels of suitable numbers and descrip- tions, 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 Governments stipulat- ing, nevertheless, to give such orders to the officers commanding their respective forces as shall enable them most effectively to act in con- cert and co-operation, upon mutual consultation, as exigencies may arise, for the attainment of the true object of this article, copies of all such orders to be communicated by each Government to the other, respectively Article IX. Whereas, notwithstanding all efforts which may be made on the coast of Africa for suppressing the slave-trade, the facilities for carrying on that traffic and avoiding the vigilance of cruisers, by the fraudulent use of flags and other means, are so great, and the tempta- tions 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 becoming representations and remonstrances with any and all Powers within whose dominions such markets are allowed to exist, and that they will urge upon all such Powers the propriety and duty of closing such markets effectually, at once and forever. Article X.* *" It is agreed that the United States and Her Britannic Majesty shall, upon mutual requisitions by them, or their Ministers, officers, or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper, committed within the jurisdiction of either, shall seek an asylum or shall be found within the territories of the other : Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugi- tive or person so charged shall be found, would justify his apprehen- sion 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 ® See Treaties of 1862, IS6.3, 1870, and General Act of July 2, 1890, p. 1964. * See convention of 1889, p. 740. 656 TBEATIES, CONVENTIONS, ETC. 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 evi- dence 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 apprehen- sion and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. Akticle 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 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 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 ninth day of August, anno Domini one thousand eight hundred and forty-two. [seal.] Danl. Webster, [seal.] Ashburton. 1846.“ Treaty Establishing Boundary West of the Rocky Mountains. Concluded June 15, ISlfi; rati-fication advised hy the Senate June 18, 181^6; ratif,ed hy the President June 19, 1846; ratifications ex- changed July 17, 1846; proclaimed August 5, 1846. Articles. I. Boundary established; free navi- gation. II. Navigation of Columbia River. III. Property rights. IV. Property of Puget’s Sound Agricul- tural Company. V. Ratification. The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, deeming it to be de- sirable for the future welfare of both countries that the state of doubt and uncertainty which has hitherto prevailed respecting the sover- eignty and government of the territory on the northwest coast of America, lying westward of the Rocky or Stony Mountains, should “Federal Cases: McKay r. Canipbeli (2 Sawy., llS) ; Town v, DeHaveu (6 Sawyer, 146). GBEAT BKITAIN 1846. 657 be finally terminated by an amicable compromise of the rights mutually asserted by the two parties over the said territory, have respectively named Plenipotentiaries 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, furnished with full powers James Buchanan, Secretary of State of the United States, and Her Majesty the Queen of the United King- dom of Great Britain and Ireland has, on her part, appointed the Right Honorable Richard Pakenham, a member of Her Majesty’s Most Honorable Privy Council, and Her Majesty’s Envoy Extraordi- nary 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 boundary laid down in existing treaties and conventions between the United States and Great Britain terminates, the line of boundary between the territories of the United States and those of Her Britan- nic Majesty shall be continued westward along the said forty-ninth parallel of north latitude to the middle of the channel which sepa- rates the continent from Vancouver’s Island; and thence southerly through the middle of the said channel, and of Fuca’s Straits, to the Pacific 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. From the point at which the forty -ninth parallel of north latitude shall be found to intersect the great northern branch of the Columbia River, the navigation of the said branch shall be free and open to the Hudson’s Bay Company, and to all British subjects 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 described shall, in like manner, be free and open. In navigating the said river or rivers, British subjects, with their goods and produce, shall be treated on the same footing as citizens or 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 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 this treaty, the possessory rights of the Hudson’s Bay Company, and of all British subjects who may be already in the occupation of land or other property lawfully acquired within the said territory, shall be respected. 24449— VOL 1—10 42 658 TREATIES, CONVENTIONS, ETC. Article IV. The farms, lands, and other property of every description belonging to the Puget’s Sound Agricultural Company, on the north side of the Columbia River, shall be confirmed to the said 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. Article 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.] James Buchanan. [seal.] Richard Pakenham. 1870. Declaration Approving and Adopting the Maps Prepared bt the Joint Commission of the Northwest Boundary for Surveying AND Marking the Boundaries between the British Possessions AND THE United States along the 49th Parallel of North Lati- tude, under the First Article of the Treaty of 15th June, 1846. Signed at Washington February 2Jt.th, 1870. The undersigned Hamilton Fish, Secretary of State of the United States, and Edward Thornton, Esquire, Her Britannic Majesty's Envoy Extraordinary and Minister 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 article 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 Con- ventions prior to June 15th, 1846, terminates Westward on the 49th Parallel 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; GBEAT BRITAIN — 1846-1850. 659 The undersigned, without prejudice to the rights of their respective Governments as to the settlement and the determination of the re- mainder of the said Boundary, hereby declare that the said maps certi- fied 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 authenticated 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 Georgia 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 affixed thereto their respective seals. Done at Washington the twenty fourth day of February, in the year of our Lord, one thousand eight hundred and seventy. [ seal.] Hamilton Fish [seal.] Edwd. Thornton 1850.“ Convention as to Ship-Canal Connecting Atlantic and Pacific Oceans. (CLAYTON-BULWER TREATY.) Concluded April 19, 1860; ratification advised hy the Senate May 22, 1860; rati^ed hy the President May 23, 1860; ratifications ex- changed July Jf., 1860; proclaimed July 6, 1860. Articles. I. Declaration as to control of canal, occupation of territory, and commercial advantages. II. Neutrality of canal in case of war. III. Protection of construction. IV. Mutual influence to facilitate con- struction. V. Guarantee of neutrality. VI. Cooperation of other States. VII. Mutual encouragement to speedy construction. VIII. Protection to other communica- tions. IX. Ratiflcation. The United States of America and Her Britannic Majesty, being desirous of consolidating the relations of amity which so happily subsist between them by setting forth and fixing in a convention their views and intentions with reference to any means of communication by ship-canal which may be constructed between the Atlantic and Pacific Oceans by the way of the river San Juan de Nicaragua, and “ This convention is superseded by the convention concluded November 18, 1901. 660 TBEATIES, CONVENTIONS, ETC. either or both of the lakes of Nicara^ia 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 Right Honourable Sir Henry Lytton Bulwer, a member of Her Majesty’s Most Hon- ourable Privy Council, Knight Commander of the Most Honourable Order of the Bath, and Envoy Extraordinary and Minister Plenipo- tentiary of Her Britannic Majesty to the United States, for the afore- said purpose; and the said Plenipotentiaries, having exchanged their full 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 declare that neither the one nor the other will ever obtain or maintain for itself any exclusive control over the said ship-canal : agreeing that neither will ever erect or maintain any fortifications command- ing the same, or in the vicinity thereof, or occupy, or fortify, or colonize, or assume or exercise any dominion over Nicaragua, Costa Rica, the Mosquito coast, or any part of Central America; nor will either make use of any protection which either aft'ords 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 forti- fications, or of occupying, fortifying, or colonizing Nicaragua, Costa Rica, the Mosquito coast, or any part of Central America, or of as- suming or exercising 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 acquiring 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 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 contract- ing parties engage that, if any such canal shall be undertaken upon fair and equitable terms by any 2:)arties having the authority of the local government or governments through whose territory the same may pass, then the persons employed in making the said canal, and their property used or to be used for that object, shall be jirotected, from the commencement of the said canal to its completion, b}’^ the GREAT BRITAIN — 1850. 661 Governments of the United States and Great Britain, from unjust detention, confiscation, seizure, or any violence whatsoever. Article IV. The contracting parties will use whatever influence they respec- tively exercise with any State, States, or Governments possessing, or claiming to possess, any jurisdiction or right over the territory which the said canal shall traverse, or which shall be near the waters applicable thereto, in order to induce such States or Governments to facilitate the construction of the said canal by every means in their power; and, furthermore, the United States and Great Britain agree to use their good offices, wherever or however it may be most expedi- ent, in order to procure the establishment of two free ports, one at each end of the said canal. Article V. The contracting parties further engage that when the said canal shall have been completed they will protect it from interruption, seizure, or unjust confiscation, and that they will guarantee the neutrality thereof, so that the said canal may forever be open and free, and the capital invested therein secure. Nevertheless, the Governments of the United States and Great Britain, in according their jirotection to the construction of the said canal, and guarantee- ing 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 Government should deem that the per- sons or company undertaking or managing the same adopt or estab- lish 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 con- tracting parties over the commerce of the other, or by imposing oppressive exactions or unreasonable tolls upon passengers, vessels, goods, wares, merchandise, or other articles. Neither ]iarty, how- ever, shall withdraw the aforesaid protection and guarantee without first giving six months’ notice to the other. Article VI. The contracting parties in this convention engage to invite every State with which both or either have friendly intercourse to enter into stipulations with them similar to those which they have entered into with each other, to the end that all other States may share in the honor and advantage of having contributed to a work of such general interest and importance as the canal herein contemplated. And the contracting parties likewise agree that each shall enter into treaty stipulations with such of the Central American States as they may deem advisable for the purpose of more effectually carrying out the great design of this convention, namely, that of constructing and maintaining the said canal as a ship communication between the two oceans, for the benefit of mankind, on equal terms to all, and of pro- 662 TREATIES, CONVENTIONS, ETC. tecting the same; and tliey also agree that the good offices of either shall be employed, when requested by the other, in aiding and assist- ing the negotiation of such treaty stiimlations ; and should any dif- ferences arise as to right or property over the territory through which the said canal shall pass, between the States or Governments of Central America, and such differences should in any way impede or obstruct the execution of the said canal, the Governments of 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. Articee 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 their support and encouragement to such persons or company as may first offer to com- mence the same, with the necessary capital, the consent of the local authorities, and on such principles as accord with the spirit and in- tention of this convention; and if any persons or company should already have, with any State through which the proposed ship-canal may pass, a contract for the construction of such a canal as that speci- fied 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, persons, or company to the protection of the Governments of the United States and Great Britain, and be allowed a year from the date of the exchange of the ratifications of this convention for concluding their arrangements and presenting evidence of sufficient capital subscribed to accomplish the contemplated undertaking; it being understood that if, at the expiration of the aforesaid period, such persons or company be not able to commence and carry out the proposed enterprize, then the Governments of the United States and Great Britain shall be free to afford their protection to any other persons or company that shall be prepared to commence and proceed with the construction of the canal in question. Article VIII. The Governments of the United States and Great Britain having not only desired, in entering into this convention, to accomplish a particular object, but also to establish a general principle, they hereby agree to extend their protection, by treaty stipulations, to any other practicable communications, whether by canal or railway, across the isthmus which connects North and South America, and especially to the interoceanic communications, should the same prove to be jirac- ticable, 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 GREAT BRITAIN — 1850. 663 and Great Britain that the parties constructing or owning the same shall impose no other charges or conditions of traffic thereupon than the aforesaid Governments shall approve of as just and equitable; and that the same canals or railways, being open to the citizens and subjects of the United States and Great Britain on equal terms, shall also be open on like terms to the citizens and subjects of every other State which is willing to grant thereto such protection as the United States and Great Britain engage to atford. Article IX. The ratifications of this convention shall be exchanged at Washing- ton within six months from this day, or sooner if possible. In faith whereof we, the respective Plenipotentiaries, have signed this convention, and have hereunto affixed our seals. Done at Washington the nineteenth day of April, anno Domini one thousand eight hundred and fifty. [seal.] John M. Clayton. [seal.] Henry Lytton Bulwer. 1850. Protocol of a Conference held at the Foreign Office, Decem- ber 9, 1850, Ceding Horse-Shoe Reef to the United States. Abbott Lawrence, Esquire, the Envoy Extraordinary and Minister Plenipotentiary of the United States of America at the court of Her Britannic Majesty, and Viscount Palmerston, Her Britannic Maj- esty’s Principal Secretary of State for Foreign Affairs, 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 Amer- ica, and more particularly that concentrating at the town of Buffalo near the entrance of the Niagara River 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 River is at that spot very strong, and in- creases in rapidity as the river approaches the falls ; and as that part of the river is necessarily used for the purpose of a harbor, the Con- gress of the United States, in order to guard against the danger aris- ing 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 Reef,” 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 Reef, or such part thereof as may be necessary for the purpose of erecting a lighthouse; and if not, 664 TREATIES, CONVENTIONS, ETC. whether the British Government will itself erect and maintain a lighthouse on the said Reef. Viscount Palmerston stated to Mr. Lawrence in reply, that Her Majesty’s Government concurs in opinion with the Government of the United States, that the proposed lighthouse would be of great advantage to all vessels navigating the Lakes; and that Her Maj- jesty’s Government is prepared to advise Her Majesty to cede to the United States such portion of the Horse-shoe Reef as may be found requisite for the intended lighthouse, provided the Government of the United States will engage to erect such lighthouse, and to main- tain a light therein; and provided no fortification be erected on the said Reef. Mr. Lawrence and Viscount Palmerston, on the part of their respec- tive 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. Law- rence to “address a note to the British Secretary of State for Foreign Affairs, acquainting him that the arrangement referred to is approved by this Govern- ment.” MS. Department of State. Mr. Lawrence did so on the 10th of the fol- lowing February. The acts of Congress making appropriations for the erection of the light-house will be found in 9 St. at L., 380 and 627, and 10 St. at L., 343. It was erected in the year 1856. 1853. Claims Convention. Concluded February 8, 1863; ratif,cation advised by the Senate March 15^ 1853; ratified by the President March 17, 1853; ratifications exchanged July 26, 1853; 'proclaimed August 20, 1853. Articles. I. Claims; commissioners, etc, II. Investigation of claims. III. Time; examination; decision. IV. Payment. V. Finality of decision. VI. Record ; compensation, etc. VII. Ratification. 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, citi- zens 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 GBEAT BRITAIN 1853. 665 maintenance of the friendly feelings which subsist between the two countries, have resolved to make arrang ents for that purpose by means of a Convention, and have name*., as their Plenipotentiaries to confer and agree thereupon, that is to say : The President of the United States of America, Joseph Reed Inger- soll. Envoy Extraordinary and Minister Plenipotentiary of the United States to Her Britannic Majesty; and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable John Russell, (commonly called Lord John Russell,) a member of Her Britannic Majesty’s Most Honourable Privy Council, a member of Parliament, and Her Britannic Majesty’s Principal Sec- retary of State for Foreign Affairs; MTio, 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 corporations, companies, or private individuals, citizens of the United States upon the Government of Her Britannic Majesty, and all claims on the part of corporations, companies, or private individuals, sub- jects of Her Britannic Majesty, upon the Government of the United States, which may have been presented to either Government for its interposition with the other since the signature of the treaty of peace and friendship concluded between the United States of America and Great Britain, at Ghent, on the 24th of December, 1814, and which yet remained unsettled, as well as any other such claims which may be presented within the time specified in Article III, hereinafter, shall be referred to two Commissioners, to be appointed in the following manner, that is to say: One Commissioner shall be named by the President of the United States, and one by Her Britannic Majesty. In case of the death, absence, or incapacity of either Commissioner, or in the event of either Commissioner omitting or ceasing to act as such, the President of the United States, or Her Britannic Majesty, respectively, shall forthwith name another person to act as Commis- sioner in the place or stead of the Commissioner originally named. The Commissioners so named shall meet at London at the earliest convenient period after they shall have been respectively named ; and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and de- cide, 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 Govern- ments of the United States and of Her Britannic Majesty, respec- tively; and such declaration shall be entered on the record of their proceedings. The Commissioners shall then, and before proceeding to any other business, name some third person to act as an Arbitrator or Umpire in any case or cases on which they may themselves differ in opinion. If they should not be able to agree upon the name of such third person, they shall each name a person ; and in each and every case in which the Commissioners may differ in opinion as to the decision which they ought to give, it shall be determined by lot which of the two persons so named shall be the Arbitrator or Umpire in that particular 666 TREATIES, CONVENTIONS, ETC. case. The person or persons so to be chosen to be Arbitrator or Um- pire shall, before proceeding to act as such in any case, make and sub- scribe 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 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 sub- scribe such declaration as aforesaid. Article II. The Commissioners shall then forthwith conjointly proceed to the investigation of the claims which shall be presented to their notice. 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 person on each side, on behalf of each Government, as counsel or agent for such Government, on each and every separate claim. Should they fail to agree in opinion 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 ad- duced for and against the claim, and after having heard, if required, one person on each side as aforesaid, and consulted with the Commis- sioners, shall decide thereupon finally, and without appeal. The decision of the Commissioners, and of the Arbitrator or Umpire, shall be given upon each claim in writing, and shall be signed by them respectively. It shall be competent for each Government to name one person to attend the Commissioners as agent on its behalf, 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 investi- gation and decision thereof. The President of the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland hereby solemnly and sincerely engage to consider the decision of the Commissioners conjointly, or of the Arbitrator or Umpire, as the case 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 objection, evasion, or delay whatsoever. It is agreed that no claim arising out of any transaction of a date prior to the 24th of December, 1814, shall be admissible under this convention. Article III. 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 the Com- GREAT BRITAIN— 1853. 667 missi oners, or of the Arbitrator or Umpire, in the event of the Com- missioners 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. It shall be competent for the Commissioners conjointly, or for the Ar- bitrator or Umpire, if they differ, to decide in each case whether any claim has or has not been duly made, preferred, or laid before them, either wholly, or to any and what extent, according to the true intent and meaning of this convention. Article IV. All sums of money which may be awarded by the Commissioners, or by the Arbitrator or Umpire, on account of any claim, shall be paid by the one Government to the other, as the case may be, within twelve months after the date of the decision, without interest, and without any deduction, save as 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 settlement of every claim upon either Government arising out of any transac- tion 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 to the notice of, made, pre- ferred, 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, barred, and thenceforth inadmissible. Article VI. The Commissioners, and the Arbitrator or Umpire, shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof, and shall appoint and employ a clerk, or other persons, to assist them in the transaction of the business which may come before them. Each Government shall pay to its Commissioner an amount of salary not exceeding three thousand dollars, or six hundred and twenty pounds sterling, a year, which amount shall be the same for both Governments. The amount of salary to be paid to the Arbitrator (or Arbitrators, as the case may be) shall be determined by mutual consent at the close of the commission. The salary of the clerk shall not exceed the sum of fifteen hundred dollars, or three hundred and ten pounds sterling, a year. The whole expenses of the commission, including contingent ex- penses, shall be defrayed by a rateable deduction on the amount of the sums awarded 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 Governments. 668 TREATIES, CONVEKTIONS, ETC. Article VII. The present convention shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty; and the ratifications shall be exchanged at London as soon as may be within twelve months 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.] J. R. Ingersoll. [seal.] J. Russell. The commission met in London September 15, 18.53, and adjourned January 15, 1855. The auaids in favor of the American claimants amounted to $329,734.16, and to British claimants, $277,102.88. 1854.“ 6 Reciprocity Treaty as to Fisheries, Duties and Navigation British North America. Concluded June 5, 185^; ratification advised hy the Senate August 185Jf.; ratified hy the President August P, 185!^.; ratifications ex- changed September 9, 1854-; proclaimed September 11, 186Jf. Articles. I. Fisheries. II. Rights of British subjects. III. Reciprocity. IV. St. Lawrence & Canadian canals. V. Duration of treaty. VI. Newfoundland. VH. Ratification. The Government of the United States being equally desirous with Her Majesty the Queen of Great Britain to avoid further misunder- standing between their respective citizens and subjects in regard to the extent of the right of fishing on the coasts of British North Amer- ica, secured to each by article I of a convention between the United States and Great Britain signed at London on the 20th day of Octo- ber, 1818 ; and being also desirous to regulate the commerce and navi- gation between their respective territories and people, and more espe- cially 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 Plenipoten- tiaries to confer and agree thereupon, that is to say : The President of the United States of America, William L. Marcy, Secretary of State of the United States, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, James, Earl of Elgin and Kincardine, Lord Bruce and Elgin, a peer of the United “ This treaty terminated by notice from the United States March 17, 1866. Federal case: Pine Lumber (4 Blatch., 182). GEBAT BEITAIN — 1854. 669 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, 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 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, with- out 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 dry- ing their nets and curing their fish ; provided that, in so doing, they do not interfere with the rights of private property, or with British fishermen, in the peaceable use of any part of the said coast in their occupancy for the same purpose. It is understood that the above-mentioned liberty applies solely to the sea fishery, and that the salmon and shad fisheries, and all fisher- ies in rivers and the mouths of rivers, are hereby reserved exclusively for British fishermen. And it is further agreed that, in order to prevent or settle any dis- putes as to the places to which the reservation of exclusive right to British fishermen contained in this article, and that of fishermen of the United States contained in the next succeeding article, apply, each of the high contracting parties, on the application of either to the other, shall, within six months thereafter, appoint a Commissioner. The said Commissioners, before proceeding to any business, shall make and subscribe a solemn declaration that they will impartially and 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 such places as are intended to be reserved and excluded 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 Commissioners shall name some third person to act as an Ar- bitrator or Umpire in any case or cases on which they may themselves differ in opinion. If they should not be able to agree upon the name of such third person, they shall each name a person, and 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 670 TREATIES, CONVENTIONS, ETC. 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, Arbitrator, or Umpire, another and different person shall be appointed or named as aforesaid to act as such Commissioner, Arbitrator, or Umpire, in the place and stead of the person so originally appointed or named as aforesaid, and shall make and subscribe such declaration as aforesaid. Such Commissioners shall proceed to examine the coasts of the North American provinces and of the United States, embraced within the provisions of the first and second articles of this treaty, and shall designate the places reserved by the said articles from the common right of fishing therein. The decision of the Commissioners and of the Arbitrator or Umpire shall be given in writing in each case, and shall be signed by them respectively. The high contracting parties hereby solemnly engage to consider the decision of the Commissioners conjointly, or of the Arbitrator or Umpire, as the case may be, as absolutely final and conclusive in each case decided upon by them or him respectively. Article II. It is agreed by the high contracting parties that British subjects shall have, in common with the citizens of the United States the liberty to take fish of every kind, except shell fish, on the eastern sea-coasts and shores of the United States north of the 36th parallel of north latitude, and on the shores of the several islands thereunto adjacent, and in the bays, harbors, and creeks of the said sea-coast and shores of the 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 to the sea fishery, and that salmon and shad fisheries, and all fisheries in rivers and mouths of rivers, are hereby reserved exclusively for fisher- men of the United States. Article III. It is agreed that the articles enumerated in the schedule hereunto annexed, being the growth and produce of the aforesaid British colo- nies or of the United States, shall be admitted into each country respectively free of duty : Schedule. Grain, flour, and breadstuffs, of all kinds. Animals of all kinds. Fresh, smoked, and salted meats. GKEAT BEITAIN 1854. 671 Cotton-wool, seeds, and vegetables. Undried fruits, dried fruits. Fish of all kinds. Products of fish, 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. Dyestuffs. Flax, hemp, and tow, unmanufactured. Unmanufactured tobacco. Bags. Article IV. It is agreed that the citizens and inhabitants of the United States shall have the right to navigate the Eiver St. Lawrence, and the canals in Canada used as the means of communicating between the great lakes and the Atlantic Ocean, with their vessels, boats, and crafts, as fully and freely as the subjects of Her Britannic Majesty, subject only to the same tolls and other assessments as now are, or may hereafter be, exacted of Her Majesty’s said subjects; it being understood, however, that the British Government retains the right of suspending this privilege on giving due notice thereof to the Gov- ernment of the United States. It is further agreed that if at any time the British Government should exercise the said reserved right, the Government of the United States shall have the right of suspending, if it think fit, the operations of Art. Ill of the present treaty, in so far as the province of Canada is affected thereby, for so long as the suspension of the free naviga- tion of the Eiver ^t. Lawrence or the canals may continue. It is further agreed that British subjects shall have the right freely to navigate Lake Michigan with their vessels, boats, and 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. 672 TBEATIES, CONVENTIONS, ETC. 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 portion 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 to carry it into operation shall have been passed by the Imperial Parli- ment 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 opera- tion, 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 be- ing at liberty to give such notice to the other at the end of the said term of ten years, or at any time afterwards. It is clearly understood, however, that this stipulation is not in- tended to affect the reservation made by article IV of the present treaty, with regard to the right of temporarily suspending the opera- tions of articles III and IV thereof. Article VI. And it is hereby further agi’eed that the provisions and stipulations of the foregoing articles shall extend to the island of Newfoundland, 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 provi- sion by law to give it effect, by either of the legislative bodies afore- said, shall not in any way impair the remaining articles of this treaty. Article VII. The present treaty shall be duly ratified, and the mutual exchange of ratifications shall take place in AVashington within six months from the date hereof, or earlier if possible. In faith whereof we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals. Done in triplicate, at AVashington, the fifth day of June, anno Domini one thousand eight hundred and fifty-four. [seal.] AA^. L. Marcy. [seal.] Elgin & Kincardine. GBEAT BRITAIN 1854. 673 1864. Claims Convention. Concluded July 17, 185 Jf; ratification advised hy the Senate July 21, 185If.; ratified hy the President July 2 If, 1851t.; ratifications ex- changed August 18, 185Ii.; proclaimed September 11, 1851^. Abticles. 1. Time extended. I II. Ratification. 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 com- mission, limited to endure for twelve months from the day of the first meeting of the Commissioners; and whereas doubts have arisen as to the practicability of the business of the said commission being concluded within the period assigned, the President of the United States, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, are desirous that the time originally fixed for the duration of the commission should be extended, and to this end have named plenipotentiaries to agree upon the best mode of effect- ing 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 Queen of the United Kingdom of Great Britain and Ireland, John Fiennes Crampton, Esq’re, Her Majesty’s Envoy Extraordinary and Minister Plenipotentiary at Washington; who have agreed as follows: Article I. The high contracting parties agree that the time limited in the con- vention above referred to for the termination of the commission shall be extended for a period not exceeding four months from the 15th of September next, should such extension be deemed necessary by the Commissioners, or the Umpire in case of their disagreement; it being agreed that nothing contained in this article shall in any- wise alter or extend the time originally fixed in the said convention for the presentation of claims to the 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 Avhereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at Washington the seventeenth day of July, in the year of our Lord one thousand eight hundred and fifty-four. [seal.] W. L. Marcy. [seal.] John F. Crampton. 24449— VOL 1—10 43 674 TREATIES, CONVEKTIOISIS, ETC. 1862. Treaty for the Suppression of African Slave Trade.® Concluded April 7, 1862; ratification adoised hy the Senate April 21^, 1862; ratified hy the President April 25, 1862; ratifications ex- changed May 20, 1862; proclaimed June 7, 1862. Aeticles. 1. Search of suspected slavers by war vessels. II. Authority and procedure. III. Indemnity for losses. IV. Mixed courts established. V. Eeparation for wrongful seizures. VI. Evidences of slave trading. VII. No compensation to vessels with slave equipments. VIII. Disposal of vessels condemned. IX. Punishment of owners, crew, etc. X. Release of negroes. XI. Instructions and regulations. XII. Ratification; duration. 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 exjiedient to conclude a treaty for that purpose, and have named as their Plenipotentiaries, that is to say : The President of the United States of America, William H. Seward, Secretary of State, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Eight Honorable Rich- ard Bickerton Pemell, Lord Lyons, a peer of her United Kingdom, a Knight Grand Cross of her most honorable Order of the Bath, and her Envoy Extraordinary and Minister Plenipotentiary to the United States of America; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and con- cluded the following articles; Article I. The two high contracting parties mutually consent that those ships of their respective navies which shall be provided with special in- struction for that purpose, as hereinafter mentioned, may visit such merchant vessels of the two nations as may, upon reasonable grounds, be suspected of being engaged in the African slave trade, or of hav- ing 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 Afri- can slave trade, contrary to the provisions of this treaty; and that such cruisers may detain, and send or carry away, such vessels, in order that they may be brought to trial in the manner hereinafter agreed upon. In order to fix the reciprocal right of search in such a manner as shall be adapted to the attainment of the object of this treaty, and at the same time avoid doubts, disputes, and complaints, the said right of search shall be understood in the manner and according to the rules following: First. It shall never be exercised except by vessels of war, author- ized expressly for that object, according to the stipulations of this treaty. See convention of 1870. page 693, and General Act, page 1904. GEEAT BRITAIN 1862. 675 Secondl5^ The right of search shall in no case be exercised with re- spect to a vessel of the navy of either of the two Powers, but shall be exercised only as regards merchant vessels; and it shall not be exer- cised by a vessel of war of either contracting party within the limits of a settlement or port, nor within the territorial waters of the other party. Thirdly. Whenever a merchant vessel is searched by a ship of war, the commander of the said ship shall, in the act of so doing, exhibit to the commander of the merchant vessel the special instructions by which he is duly authorized to search ; and shall deliver to such com- mander a certificate, signed by himself, stating his rank in the naval service of his country, and the name of the vessel he commands, and also declaring 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. WTien the search is made by an officer of the cruiser, who is not the commander, such officer shall exhibit to the captain of the merchant vessel a copy of the before-mentioned special instructions, signed by the commander of the cruiser ; and he shall in like manner deliver a certificate signed by himself, stating his rank in the navy, the name of the commander by whose orders he proceeds to make the search, that of the cruiser in which he sails, and the object of the search, as above described. If it appears from the search that the papers of the vessel are in regular order, and that it is employed on lawful objects, the officer shall enter in the log-book of the vessel that the search has been made in pursuance of the afore- said special instructions; and the vassel shall be left at liberty tcf pur- sue 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 exercised only within the distance of two hundred miles, from the coast of Africa, and to the southward of the thirty-second parallel of north latitude, and within thirty leagues from the coast of the island of Cuba. Article II. In order to regulate the mode of carrying the provisions of the pre- ceding article into execution, it is agreed — First. That all the ships of the navies of the two nations which shall be hereafter employed to prevent the African slave trade shall be furnished by their respective Governments with a 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 respectively 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 ships furnished with such insti’uctions, the force of each, and the names of their several commanders. The said commanders shall hold the rank of captain in the navy, or at least that of lieutenant: it being never- theless understood that tlie 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 author- 676 TREATIES, COKVEKTIOKS, ETC. ize the officer on whom the command of the vessel has devolved to make the search, although such an 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 under the escort or convoy of any ship or ships of war of the other nation car- ries negroes on board, or has been engaged in the African slave trade, or is fitted out for the purpose thereof, the commander of the cruiser shall communicate his suspicions to the commander of the convoy, who, accompanied by the commander of the cruiser, shall proceed to the search of the suspected vessel; and in case the suspicions appear well founded, according to the tenor of this treaty, then the said vessel shall be conducted or sent to one of the places where the mixed courts of justice are stationed, in order that it may there be adjudi- cated 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 instructions. Article III. I As the two preceding articles are entirely reciprocal, the two high contracting parties engage mutually to make good any losses which their respective subjects or citizens may incur by an arbitrary and illegal detention of their vessels; it being understood that this in- demnity 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 elfected only by ships which may form part of the two navies, respectively, and by such of those ships only as are provided with the special instructions annexed to the present treaty, in pur- suance of the provisions thereof. The indemnification for the dam- ages of which this article treats shall be paid within the term of one year, reckoning from the day in which the mixed court of justice pronounces its sentence. Article IV. In order to bring to adjudication with as little delay and inconven- ience as possible the vessels which may be detained according to the tenor of the first article of this treaty, there shall be established, as soon as may be practicable, three mixed courts of justice, formed of an equal number of individuals of the two nations, named for this purpose by their respective Governments. These courts shall reside, one at Sierra Leone, one at the Cape of Good Hope, and one at New York. But each of the two high contracting parties reserves to itself the right of changing, at its pleasure, the place of residence of the court or courts held within its own territories. These courts shall judge the causes submitted to.them according to the provisions of the present treaty, and according to the regulations and instructions Avhich are annexed to the present treaty, and which are considered an integral part thereof; and there shall be no apjieal from their decision.® “Abolished. See convention of 1870, page 693. GREAT BRITAIN 1862. 677 Article V. In case the commanding officer of any of the ships of the navies of either country, duly commissioned according to the provisions of the first article of this treaty, shall deviate in any respect from the stipu- lations of the said treaty, or from the instructions annexed to it, the Government which shall conceive itself to be ivronged thereby shall be entitled to demand reparation; and in such case the Government to which such commanding officer may belong binds itself to cause inquiry to be made into the subject of the complaint, and to inflict upon the said officer a punishment proportioned to any wilful trans- gression which he may be proved to have committed. Article VI. It is hereby further mutually agreed that every American or British merchant vessel which shall be searched by virtue of the present treaty, may lawfully be detained, and sent or brought before the mixed courts of justice established in pursuance of the provisions thereof, if, in her equipment, there shall be found any of the things hereinafter mentioned, namely: 1st. Hatches with open gratings, instead of the close hatches, which are usual in merchant vessels. 2nd. Divisions or bulkheads in the hold or on deck, in greater num- ber than are necessary for vessels 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 requisite for the consumption of the crew of the vessel as a merchant vessel. Cth. 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 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 678 TREATIES, CONVENTIONS, ETC. she shall in consequence be condemned and declared lawful prize; unless the master or owners shall furnish clear and incontrovertible evidence, proving to the satisfaction of the mixed court of justice, that at the time of her detention or capture the vessel was employed 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 maj' have been embarked during the voyage on which she was engaged when captured, were indispensable for the lawful object of her voyage. Article VII. If any one of the articles specified in the preceding article as grounds for condemnation should be found on board a merchant ves- sel, or should be proved to have been on board of her during the voy- age on which she was captured, no compensation for losses, damages, or expenses consequent upon the detention of such vessel shall, in any case, be granted either to the master, the owner, or any other person interested in the equipment or in the lading, even though she should not be condemned by the mixed court of justice. Article VIII. It is agreed between the two high contracting parties that in all cases in which a vessel shall be detained under this treaty, by their respective cruisers, as having been engaged in the African slave trade, or as having been fitted out for the purposes thereof, and shall con- sequently 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 for the use of its navy, at a price to be fixed by a competent person chosen for that purpose bv the mixed court of justice; in which case the Government whose cruiser shall have detained the condemned vessel shall have the first option of purchase. Article IX. The captain, master, pilot, and crew of any ve^el condemned by the mixed courts of justice shall be punished according to the laws of the country to which such vessel belongs, as shall also the owner or owners' and the persons interested in her equipment or cargo, unless they prove that they had no pai’ticipation in the enterprise. For this purpose the two high contracting parties agree that, in so far as it may not be attended with grievous expense and inconvenience, the master and crew of any vessel which may be condemned by a sen- tence 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 juris- diction 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^ ci’ew, or othei persons shall also be sent with them. The same course shall be pursued with regard to subjects or citizens of either contracting party who may be found by a cruiser of the other on board a vessel of any third Power, or on board a vessel sailing without flag or papers, which may be condemned by any competent court for having engaged in the African slave trade. GBEAT BRITAIN 1862. 679 Article X. The negi’oes who are found on board of a vessel condemned by the mixed courts of justice, in conformity with the stipulations of this treaty, shall be placed at the disposal of the Government 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. Article XI. The acts or instruments annexed to this treaty, and which it is mutually agreed shall form an integral part thereof, are as follows : (A.) Instructions for the ships of the navies of both nations, des- tined to prevent the African slave trade. (B.) Kegulations for the mixed courts of justice. Ajiticle XII. The present treaty shall be ratified, and the ratifications thereof shall be exchanged at London, in six months from this date, or sooner if possible. It shall continue and remain in full force for the term of ten yeai-s 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 reserving to itself the right of giving such notice to the other at the end of said term of ten years ; and it is hereby agreed between them that, on the expiration of one year after such notice shall been received by either from the other party, this treaty shall altogether cease and determine. In witness whereof the respective Plenipotentiaries have signed the present treaty, and have thereunto affixed the seal of their arms. Done at A^^ishington the seventh day of April, in the year of our Lord one thousand eight hundred and sixty-two. [seal.] William H. Seward. [seal.] 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 Bintish 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 have a right to search and detain any United States or British mer- chant 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 “ Superseded by treaty of 1870 and by instructions annexed thereto. 680 TREATIES, CONTENTIOlfS, ETC. thereof, or to have been enjxagecl in such trade during the voyage in which she may be met with by such ship of the United States or British navy ; and such commander shall thereupon bring or send such merchant vessel (save in the case provided for in Article V of these instructions) as soon as possible for judgment before one of the three mixed courts of justice established in virtue of the IVth article of the said treaty, that is to say: If the vessel shall be detained on the coast of Africa, she shall be brought before that one of the two mixed courts of justice to be estab- lished at the Cajie of Good Hope and at Sierra Leone which may be nearest to the place of detention, or which the 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 New York. ArttcliE II. Whenever a ship of either of the two navies, duly authorized as aforesaid, shall meet a merchant vessel liable to be searched under the provisions of the said treaty, 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 HI. The commander of any ship of the two navies, duly authorized as aforesaid, who may detain any merchant -vessel in pursuance of the tenor 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 declara- tion, 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 adjudi- cation. 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 bringing 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 vassel, her crew, the negroes, if any, and her cargo, between the period of her detention and the time of delivering in such paper. GREAT BRITAIN 1862. 681 Article IV. If urgent reasons arising from the length of the voyage, the state of health of the negroes, or any other cause, should require that either the 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 commander of the capturing ship may take upon himself the responsibility of so disembarking the negroes, pro- vided the necessity of the disembarkation, and the causes thereof, be stated in a certificate in proper form. Such certificate shall be drawn up and entered at the time on the log-book of the detained vessel. Article V. In case any merchant vessel detained in pursuance of the present instructions should prove to be unseaworthy, or in such a condition as not to be taken to one of the three ports where the mixed courts of 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, provided 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 preced- ing paragraph 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 con- sidered 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.] William H. Seward. [seal.] Lyons. ANNEX (b) to the TREATY BETWEEN THE UNITED STATES OF AMERICA AND 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 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 pur- suance of the- stipulations of the aforesaid treaty, shall be brought before them. “Superseded by treaty of 1870 and by instructions annexed thereto. 682 TREATIES, CONVENTIONS, ETC. The judges and the arbitrators shall, before they enter upon the duties of theii- office, respectively make oath before the principal magistrate of the place in which such courts shall respectively reside, that they will judge fairly and faithfully; that they will have no preference either for claimant or for captor; and that they will act in all their decisions in pursuance of the stipulations of the afore- said treaty. There shall be attached to each of such courts a secretary or regis- trar, who shall be appointed by the party in whose teri’itories such court shall reside. Such secretary or registrar shall register all the acts of the court to which he is appointed ; and shall, before he enters upon his office, make oath before the court that he will conduct him- self with due respect for its authority, and will act with fidelity and impartiality in all matters relating to his office. The salaries of the judges and arbitrators shall be paid by the Governments by whom they are appointed. The salary of the secretary or registrar of the court to be estab- lished 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 estalblished in the territories of Great Britain shall be paid by Her Britannic Majesty. Each of the two Governments shall defray half of the aggregate amount of the other expenses of such courts. Article II. The expenses incurred by the officer charged with the reception, maintenance, and care of the detained vessel, negroes, and cargo, and with the execution of the sentence, and all disbursments occasioned by bringing a vessel to adjudication, shall, in case of condemnation, be defrayed from the funds arising out of the sale of the materials of the vessel, after the vessel shall have been bi’oken up, of the ship’s stores, and of such parts of the cargo as shall consist of merchandise. 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 adjudi- cation shall have taken place. If the detained vessel shall be released, the expenses occasioned by bringing her to adjudication shall be defrayed by the captor, ex- cept in the cases specified and otherwise provided for under Article VII of the treaty to which these regulations form an amiex, and under Article VII of these regulations. Article III. The mixed courts of justice are to decide upon the legality of the detention of such vessels as the cruisers of either nation shall detain in pursuance of said treaty. The said courts shall adjudge definitively, and without appeal, all questions which shall arise out of the capture and detention of such vessels. The proceedings of the courts shall take place as summarily as possible; and for this purpose the 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. GREAT BRITAIN 1862. 683 The final sentence shall not in any case be delayed beyond the period of two months, either on account of the absence of witnesses or for any other cause, except upon the application of any of the parties interested ; but in that case, ujjon such party or parties giving satisfactory security that they will take upon themselves the expense and risks of the delay, the courts in^y, at their discretion, grant an additional delay, not exceeding four months. Each party shall be allowed to employ such counsel as he may think fit, to assist him in the conduct of his cause. All the acts and essential parts of the proceedings of the said courts shall be committed to writing and be placed upon record. Article IV. The form of the process, or mode of proceeding to judgment, shall be as follows : The judges appointed by the two Governments, respectively, shall in the first place proceed to examine the papers of the detained vessel, and shall take the depositions of the master or commander, and of two or three, at least, of the principal individuals on board of such vessel ; and shall also take the declaration on oath of the captor, if it should appear to them necessary to do so, in order to judge and to pro- nounce whether the said vessel has been justly detained or not, ac- cording to the stipulations of the aforesaid treaty, and in order that, according to such judgment, the vessel may be condemned or released. In the event of the two judges not agreeing as to the sentence which they ought to pronounce 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 am' 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 arbi- trator, after having considered the proceedings which have taken place, shall consult with the two judges on the case; and the final sen- tence or decision shall be pronounced conformably 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 then be found, (with the exception of the negi’oes found on board, if such negroes shall have been previously disembarked under the provisions of Articles IV and V of the instructions annexed to the treaty of this date,) shall forthwith be given up to the master, or to the person who represents him ; and such master or other person may, before the same court, claim a valuation of the damages which he may have a right to demand. The captor himself, and, in his default, his Gov- ernment, shall remain responsible for the damages to which the mas- ter 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 y'ear from the date of the sentence, the costs and damages 684 TREATIES, CONVENTIONS, ETC. which may be awarded by the court; it being mutually agreed that such costs and damages shall be paid by the Goverimienl of the coun- try of which the captor shall be a subject. Article VI. If the detained vessel shall be (Condemned, she shall be declared law- ful iirize, together with her cargo, of whatever description it may be, with the exception of the negi’oes who shall have been brought on board for the purpose of trade; and the said vessel, subject to the stipulations in the Vlllth article of the treaty of this date, shall, as well as her cargo, be sold by public sale for the profit of the two Gov- ernments, subject to the payment of the expenses hereinafter men- tioned. The negroes who may not previously have been disembarked shall receive from the court a certificate of emancipation, and shall be de- livered over to the Government to whom the cruiser which made the capture belongs, in order to be forthwith set at liberty. Article VII. The mixed courts of justice shall also take cognizance of, and shall decide definitively and without appeal, all claims for compensation on account of losses occasioned to vessels and cargoes which shall have been detained under the provisions of this treaty, but which shall not have been condemned as legal prize by the said courts ; and in all cases wherein restitution of such vessels and cargoes shall be decreed, save as mentioned in the Vllth article of the treaty to which these regulations form an annex, and in a subsequent part of these regulations, the court shall award to the claimant or claimants, or to his or their lawful attorney or attorneys, for his or their use, a just and complete indemnification for all costs of suit, and for all losses and damages which the owner or owners may have actually sustained by such capture and detention; and it is agreed that the indemnifi- cation shall be as follows: First. In case of total loss, the claimant or claimants shall be in- demnified— (A.) For the ship, her tackle, equipment, and stores. (B.) For all freights due and payable. (C.) For the value of the cargo of merchandise, if any, deducting all charges and expenses which would have been payable upon the sale of such cargo, including commission of sale. (D.) For all other regular charges in such case of total loss. Secondly. In all other cases (save as hereinafter mentioned) not of total loss, the claimant or claimants shall be indemnified — (A.) For all special damages and expenses occasioned to the ship by the detention, and for loss of freight, when due or payable. (B.) For demurrage when due, according to the schedule annexed to the present article. (C.) For any deterioration of the cargo. (D.) For ali premium of insurance on additional risks. The claimant or claimants shall be entitled to interest at the rate of 5 (five) per cent, per annum on the sum awarded, until such sum is paid by the Government to which the capturing ship belongs. The GREAT BRITAIN 1862. 685 whole amount of such indemnifications shall be calculated in the money of the country to which the detained vessel belongs, and shall be liquidated at the exchange current at the time of the award. The two high contracting parties, however, have agreed, that if it shall be proved to the satisfaction of the judges of the two nations, and without having recourse to the decision of an arbitrator, that the captor has been led into error by the fault of the master or comman- der of the detained vessel, the detained vessel in that case shall not have the right of receiving, for the time of her detention, the de- murrage stipulated by the present article, nor any other compensation for losses, damages, or expenses consequent upon such detention. Schedule of demm^age or daily allowance for a vessel of — 100 tons tc . 120, inclusive __ J£5 per diem 121 150, U 6 44 151 U 170, 4C _ 8 44 171 (( 200, 44 _ 10 44 201 u 220, 44 _ 11 44 221 250, 44 _ 12 44 251 u 270, 44 _ 14 44 271 u 300, 44 _ 15 44 And so on in proportion. Article VIII. Neither the judges, nor the arbitrators, nor the secretaries or regis- trars of the mixed courts of justice, shall demand or receive from any of the parties concerned in the cases which shall be brought before such courts any emolument or gift, under any pretext whatsoever, for the performance of the duties which such judges, arbitrators, and secretaries or registrars have to perform. Article IX. The two high contracting parties have agreed that, in the event of the death, sickness, absence on leave, or any other legal impediment of one or more of the judges or arbitrators composing the above- mentioned courts, respectively, the post of such judge or arbitrator shall be supplied, ad interim, in the following manner : First. On the part of the United States, and in that court which shall sit within their territories : If the vacancy be that of the United States judge, his place shall be filled by the United States arbritrator; 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 New York; and the said court, so constituted as above, shall sit, and, in all cases brought before them for adjudication, shall proceed to adjudge the same and pass 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 m that case, or in case the vacancy be originally that of the United States arbi- trator, his place shall be filled by the United States Consul, or, in the 686 TREATIES, CONVENTiUXS, ETC. unavoidable absence of the Consul, by the United States Vice-Consul. In case the vacancy be both of the United States judge and of the United States arbitrator, then the vacancy of the judge shall be filled by the United States Consul, and that of the United States arbitrator by the United States Vice-Consul. But if there be no United States Consul or Vice-Consul to fill the place of the United States arbitrator, then the British arbitrator shall be called in in those cases in which the United States arbitrator would be called in; and in case the vacancy be both of the United States judge and of the United States arbitrator, and there be neither United States Consul nor Vice-Consul to fill ad interim the vacancies, then the British judge and the British arbitrator shall sit, and, in all cases brought before them for adjudi- cation, shall proceed to adjudge the same and pass sentence accord- ingly; 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- cancj^ be that of the British judge, his place shall be filled by the British arbitrator; and either in that case, or in case the vacancy be originally that of the British arbitrator the place of such arbitrator shall be filled by the Governor or Lieutenant Governor resident in such possession ; in his unavoidable absence, by the principal magis- trate of the same; or in the iina voidable absence of the principal magistrate, by the secretary of the Government ; and the said court so constituted as above, shall sit, and, in all cases brought before it for adjudication, shall proceed to adjudge the same, and to pass sentence accordingly. Fourthly. On the part of Great Britain, and in that court which shall sit within the territories of the United States of America : If the vacancy be that of the British judge, his place shall be filled by the British arbitrator; and either in that case or in case the vacancy be originally that of the British arbitrator, his place shall be filled by the British Consul ; or in the unavoidable absence of the Consul, by the British Vice-Consul; and in case the vacancy be both of the British judge and of the 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 if there be no British Consul or Vice-Consul to fill the place of British arbitrator, then the United States arbitrator shall be called in in those cases in which the British arbitrator would be called in ; and in case the vacancy be both of the British judge and of the British arbitrator, and there be neither British Consul nor Vice-Consul to fill ad interim the vacancies, then the United States judge and arbitrator 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 contracting party where the mixed courts of justice shall sit. shall, in the event of a vacancy arising, either of the judge or the arbitrator of the other high contracting party, forthwith give notice of the same by the most expeditious method in his power to the Government of that other high contracting party, in order that such vacancy may be supplied at the earliest possible period. And each of the high contracting parties agrees to supply defini- tively, as soon as possible, the vacancies which ma}" arise in the above- mentioned courts from death, or from an}’- other cause whatever. GREAT BRITAIN 1862, 687 The undersigned Plenipotentiaries have agreed, in conformity with the Xlth article of the treaty signed by them oi this day, that the preceding regulations shall be annexed to the said treaty and con- sidered an integral part thereof. Done at Washington the seventh day of April, in the year of our Lord one thousand eight himdred and sixty-two. [seal.] William H. Seward, [seal.] Lyons. 1863. Additional Articles to the Treaty for the Suppression of Slave Trade, 18G2. Concluded February 17^ 1863; ratification advised by the Fenaie Feb- ruary 27^ 1863; ratifed by the President March -5, 1863 ; rutifca- tions exchanged April 7, 1863; proclaimed April 22^ 1863. Wliereas by the first Article “ of the treaty between the United States of 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 Washington on the of Ajiril, 1862, it was stipulated and agreed that those ships of the respective navies of the two High Contracting Parties which shall be provided wfith special instructions for that purpose, as thereinafter mentioned, may visit such merchant vessels of the two nations as may, upon reasonable grounds, be suspected of being engaged in the African slave trade, or of having been fitted out for that purpose, or of having, during the voyage on which they are met by the said cruisers, been engaged in the African slave trade contrary to the provisions of the said treaty; and that such cruisers may detain and send or carry away such vessels in order that they may be brought to trial in the manner thereinafter agreed upon: And whereas it was by the said Article further stipulated and agreed, that the reciprocal right of search and detention should be exercised only within the distance of Uvo 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 efficacious for its purpose; the Plenipotentiaries who signed the said treaty have, in virtue of their full powers, agreed that the reciprocal right of visit and detention, as defined in the Article aforesaid, may be exer- cised also within thirty leagues of the Island of Madagascar, within thirty leagues of the Island of Puerto Rico, and within thirty leagues of the Island of San Domingo. The present Additional Article shall have the same force and valid- ity as if it had been inserted word for word in the treaty concluded between the two High Contracting Parties on the of April, 1862, and shall have the same duration as that treaty. It shall be ratified, and the ratifications shall be exchanged at London in six months from this date, or sooner if possible. 688 TKEATIES, CONVENTIONS, ETC. In witness whereof, the respective Plenipotentiaries have signed ' the same, and have thereunto affixed the seal of their arms. Done at Washington the l7th day of February, in the year of our Lord one thousand eight hundred and sixty-three. [seal.] William H. Seward [seal.] Lyons. 1863. Treaty for Settlement of Claims with the Hudson Bay Co., etc. Concluded July 1, 1863, • ratification advised hy the Senate January 18, 1864; ratified hy the President March 2, 1864.; ratifications ex- changed March 3, 1864-; 'proclaimed March 5, 1864- Articles : I. Claims. IV. Award. II. Commissioners. V. Ratification. III. Records. 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 Puget’s Sound Agricultural Companies, specified in Articles HI and IV of the treaty concluded between the United States of America and Great Britain on the 15th of June, 1816, have resolved to con- clude a treaty for this purpose, and have named as their Plenipo- tentiaries, 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 Right Honorable Richard Bickerton Pemell, Lord Lyons, a peer of her United King- 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 powers, found in good and due form, have agreed upon and con- cluded the following articles: Article I. Whereas by the Hid and IVth articles of the treaty concluded at Washington on the 15th day of June, 1846, between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, it was stipulated and agreed that in the future appropriation of the territory south of the 49th parallel of north latitude, as provided in the first article of the said treaty, the possessory rights of the Hudson’s Bay Company, and of all British subjects who may be already in the occupation of land or other prop- erty lawfully acquired within the said territory, should be respected, and that the farms, lands, and other property of every descript. on, GREAT BRITAIN 1863. 689 belonging to the Puget’s Sound Agricultural Company, on the north side of the Columbia River, should be confirmed 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 im- portance, 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 Government 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, iW Article II. The Commissioners mentioned in the preceding article shall, at the earliest convenient period after they shall have been respectively 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 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 all the matters referred to them for their decision, and such decla- ration shall be entered on the record of their proceedings. The Commissioners shall then proceed to name an Arbitrator or Umpire to decide upon any case or cases on which they may differ in opinion; and if they cannot agree in the selection, the said Arbi- trator or Umpire sluill be appointed by the King of Italy, whom the two high contracting parties shall invite to make such appoint- ment, and whose selection shall be conclusive on both parties. The person so to be chosen shall, before proceeding to act, make and sub- scribe a solemn declaration, in a form similar to that which shall already have been made and subscribed by the Commissioners, which declaration shall also be entered on the record of the proceedings. In the event of the death, absence, or incapacity of such person, or of his 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 decla- ration as aforesaid. The United States of America and Her Britannic Majesty engage to consider the decision of the two Commissioners conjointly, or of the Arbitrator or Umpire, as the case may be, as final and conclusive on the matters to be referred to their decision, and forthwith to give full effect to the same. 24449— VOL 1—10 — -44 690 TREATIES, CONVENTIONS, ETC. Article III. The Commissioners and the Arbitrator or Umpire shall keep ac- curate records and correct minutes or notes of all their proceedings, 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 befote them. The salaries of the Commissioners and of the clerk or clerks shall be paid by their respective Governments. The salary of the Arbi- trator 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 Uinjiire, on account of any claim, shall be paid by the one Government to the other in two equal annual instal- ments, whereof the first shall be paid within twelve months after the date of the award, and the second within twenty-four months after the date of the award, without interest, and without any deduction whatever. Article V. The present treaty shall be ratified, and the mutual exchange of ratifications shall take place in Washington, in twelve 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 first day of July, anno Domini one thousand eight hundred and sixty-three. [seal.] William H. Seward. [seal.] ' Lyons. award. At a meeting of the Commissioners under the treaty of July 1st, 1863, between the United States of America and Her Britannic Maj- esty, for the final settlement of the claims of the Hudson s Bay and Puget’s Sound Agricultural Companies, held at the city of Washing- ton, on the 10th day of September, 1869 — Present: Alexander S. Johnson, Commissioner on the part of the United States of America; John Bose, Commissioner on the part of Her Britannic Majesty. The Commissioners having heard the allegations and proofs of the respective parties, and the arguments of their respective counsel, and duly considered the same, do determine and award that, as the ade- quate money consideration for the transfer to the United States of America of all the possessory rights and claims of the Hudson’s Bay Company, and of the Puget’s Sound Agricultural Company, under the first article of the treaty of July 1st. 1863, and the third and fourth articles of the treaty* of June 15. 1816, commonly called the Oregon treaty, and in full satisfaction of all such rights and claims, GREAT BRITAIN 1863-1870. 691 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 dol- lars; and on account of the possessory rights and claims of the Puget’s Sound Agricultural Company, the sum of two hundred thou- sand 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 Amer- ica 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 aforesaid. Alexander S. Johnson, Commissioner on the fart of the United States. John Rose, Commissioner on the fart of Her BHtannic Majesty. 1870. Naturalization Convention. Conclvded. May 13^ 1870; ratification advised hy the Sevate Jnhy 8, 1870; ratified hy the President Jxdy 19. 1870; ratifications ex- changed August 10, 1870; froclaimed Seftember 16, 1870. Articles. I. Naturalization recofoiized. III. Resumption of original citizenship. II. Renunciation of previous natural- IV. Ratification, izatiou. The President of the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being desirous to regulate the citizenship of citizens of the United States of America who have emigrated or who may emigrate fi'om the United States of America to the British dominions, and of Brit'sh 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 Plenipoten- tiaries, that is to say : The President of the United States of America, John Lothrop Mot- ley, Esquire, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to Her Britannic Majesty; and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable George William Frederick, Earl of Clarendon, Baron Hyde of Hindon, a peer of the United Kingdom, a niember of Her Britannic Majesty’s most honourable Privy Council, Knight of the most noble Order of the Garter, Knight Grand Cross of the most iionourable Order of tlie Bath. Her Britannic Majesty’s Principal Secretary of State for Foreign Afiairs; 692 TBEATIES, CONVENTIONS, ETC. 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: Articue I. Citizens of the United States of America who have become, or shall become, and are naturalized according to laAV Avithin the British do- minions as British subjects, shall, subject to the proAusions of Article II, be held by the United States to be in all respects and for all pur- poses 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 Ureat 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 become and are naturalized within the dominions of Her Britannic Majesty as British subjects, shall be at liberty to renounce their naturalization and to resume their nationality as citizens of the United States, pro- Auded that such renunciation be publicly declared within tAvo 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 re- nounce their naturalization and to resume their British nationality, provided that such renunciation be publicly declared Avithin two years after the twelfth day of May, 1870. The manner in Avhich 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, should reneAV his residence in the United States, the United States GoATrnment may, on his OAvn application and on such conditions as that GoATrnment may think fit to impose, readmit 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 nat- uralized in the United States should reneAv his residence Avithin the dominions of Her Britannic IMajesty, Her IMajesty’s GoATrnment may, on his own application and on such conditions as that Govern- ment may think fit to impose, re-admit him to the character and privileges of a British subject, and the United States shall not. in that case, claim him as a citizen of the United States on account of his former naturalization. GREAT BRITAIN- — 1870. 693 Article IV. The present convention shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty, and the ratifications shall be exchanged at London as soon as may be within twelve months from the date hereof. In witness whereof the respective Plenipotentiaries have signed the same, and have afiixed 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.] John IjOthrop Motley. [seal.] Clarendon. 1870. Convention for the Suppression of Slave Trade.® Concluded June 3, 1870; rati-fication advised hy the Senate July 8, 1870; ratified hy the President July 19, 1870; ratifications ex- changed August 10, 1870; 'proclaimed September 16, 1870. Articles. I. Mixed courts abolished. II. Jurisdiction over vessels seized. III. Procedure. IV. Instructions to war ships. V. Former treaty continued. VI. Notification of effect of conven- tion. VII. Duration ; ratification. The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, having come to the conclusion that it is no longer necessary to maintain the three mixed courts of justice established at Sierra Leone, at the Cape of Good Hope, and at New York, in pursuance of the treaty concluded at Washington on the 7th day of April, 1862, for the suppression of the African slave trade, they have resolved to conclude an additional con- vention for the purpose of making the requisite modifications of the said treaty, and have named as their Plenipotentiaries, that is to say : The President of the United States of America, Hamilton Fish, Secretary of State, and Her Majesty the Queen of the United King- dom of Great Britain and Ireland, Edward Thornton, Esquire, Com- panion of the Order of the Bath, and Her Envoy Extraordinary and Minister Plenipotentiary to the United States of America; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded . the following articles: Article I. Everything contained in the treaty concluded at Washington on the 7th of April, 1862, between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and “ See General Act for Suppression of Slave Trade, July 2, 1890, p. 1964. 694 TBEATIES, CONVENTIONS, ETC. 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 York, to hear and decide all cases of capture of vessels which may be brought before them as having been engaged in the African slave trade, or as having been fitted out for the purposes thereof, as well as to the composition, jurisdiction, and mode of pro- cedure of such courts, shall cease and_ determine as regards the said mixed courts, from and after the exchange of the ratifications of the present additional convention, except in so far as regards any act or proceeding done or taken in virtue thereof, before this additional convention shall be officially communicated to the said mixed courts of justice. The said courts shall nevertheless have the power, and it shall be their duty, to proceed with all practicable dispatch to the final de- termination 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 ratification of this convention. Article II. The jurisdiction heretofore exercised by the said mixed courts in pursuance of the provisions of the said treaty shall, after the exchange of the ratifications of the present additional convention, be exercised by the courts of one or the other of the high contracting parties ac- cording 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, how- ever, provided that there may be an appeal from the decision of any court of the high contracting parties, in the same manner as by the law of the country where the court sits is allowed in other cases of maritime prize. Article III. It is agreed that in case of an American merchant vessel searched by a British 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 to New York or Key West, whichever shall be most accessible for adjudication, or shall be handed over to an United States cruiser, if one should be available in the neighborhood of the capture; and that in the corresponding case of a British mer- chant 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 neighbor- hood 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 GREAT BRITAIN 1870. 695 be sent and handed over with the vessel itself, in order to be produced to the court before which such vessel or persons may be brought for trial. All negroes or others (necessary witnesses excepted) who may be on board either an American or a British vessel for the purpose of being consigned to slavery, shall be handed over to the nearest British 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. \Wiere a detained vessel is handed over to a cruiser of her own nation, an officer in charge, and other necessary witnesses and proofs, shall accompany the vessel. * Article IV. It is mutually agreed that the instructions for the ships of the navies of both nations destined to prevent the African slave trade, which are annexed to this convention, shall form an integral part thereof, and shall have the same force and effect as if they had been annexed to the treaty of the 7th of April, 1862, in lieu of the instruc- tions 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 given by one of the high contracting parties to the other, in the manner pre- scribed by Article XII thereof. Article VI. The high contracting parties engage to communicate the present convention to the mixed courts of justice, and to the officers in com- mand of their respective cruisers, and to. give them the requisite in- structions in pursuance thereof, with the least possible delay. Article VII. The present additional convention shall have the same duration as the treaty of the 7th of April, 1862, and the additional article thereto of the l7th of February, 1863. It shall be ratified, and the ratifica- tions 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.] Edwd. Thornton. 696 TREATIES, C0NVE2SITI0NS, ETC. ANNEX TO THE ADDITION AE CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND GREAT BRITAIN, FOR THE SUPPRESSION OF THE AFRICAN SLAVE TRADE. SIGNED AT WASHINGTON ON THE THIRD DAY OF JUNE, 1870. Instructions for tlie 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 have a right to search and detain any United States or British mer- chant vessels which shall be actually engaged, or suspected to be engaged, in the African slave trade, or to be fitted out for the purposes thereof, or to have been engaged in such trade during the voyage in which she may be met with by such ship of the United States or British navy; and such commander shall thereupon bring or send such merchant vessel (save in the case provided for in Article V of these instructions) as soon as possible for judgment, in the manner provided by Article III of the additional convention of this date, that is to say: In the case of an American vessel searched and detained as afore- said by a British cruiser, she shall be sent to New York or Key West, whichever shall be most accessible, or be handed over to an United States cruiser, if one should be available in the neighborhood of the capture. In the case of a British vessel searched and detained as aforesaid by an United States cruiser, she shall be sent to the nearest or most accessible British colony, or shall be handed over to a British cruiser, if one should be available in the neighborhood of the capture. Article II. YTienever a ship of either of the two navies, duly authorized as aforesaid, shall meet a merchant vessel liable to be searched under the provisions of the treaty of the Tth 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 of the tenor of the present instructions, shall leave on board the vessel so detained the master, the mate, or boatswain, two or three at least of the crew, and all the cargo. The captor shall at the time of detention draw up in writing a declaration which shall exhibit the state 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 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 GREAT BRITAIN 1870. 697 negroas or other persons destined for slavery who may have been found on board at the moment of detention. In the declaration which the captor is hereby required to make, as well as in the certified list of the papers seized, and in the certificate of the number of negroes or others destined for slavery who may be found on board the detained vessel, he shall insert his own name and surname, the name of the capturing ship, and the latitude and longi- tude of the place where the detention shall have been made. The officer in charge of the detained vessel shall, at the time of delivering 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 deten- tion and the time of delivering in such paper. IVhere a detained vessel is handed over to a cruiser of her own nation, an officer in charge, and other necessary witnesses and proofs, shall accompany the vessel. Article IV. All the negroes or others (necessary witnesses excepted) who may be on board either an American or a British detained vessel, for the purpose of being consigned to slavery, shall be handed over by the commander of the capturing ship to the nearest British authority. Article V. In case any merchant vessel detained in pursuance of the present instructions should prove to be unsea worthy, or in such a condition as not to be taken in for adjudication as directed by the additional convention of this date, the commander of the detaining cruiser may take upon himself the responsibility of abandoning or destroying her, provided the exact causes which made such a step imperatively nec- essary be stated in a certificate verified on oath. Such certificate shall be drawn up and formally executed by him in duplicate at the time, and shall be received as prima facie evidence of the facts therein stated, subject to rebuttal by counter proof. In case of the abandonment or destruction of a detained vessel, the master and crew, together with the papers found on board, and other necessary proofs and witnesses, and one of the certificates men- tioned 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 produc- tion of the said certificate, the court may proceed to adjudicate upon the detention of the vessel in the same maimer 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 con- vention, and be considered an integral part thereof. Done at IVashington the third day of June, in the year of our Lord one thousand eight hundred and seventy. [seal.] [seal.] Hamilton Fish. Edwd. Thornton. 698 TREATIES, CONVENTIONS, ETC. 1871. Convention as to Renunciation of Naturalization. Concluded February 23^ 1871; ratification advised by the Senate March 22, 1871 ; ratifed by the President March 21^., 1871; ratif- cations exchanged May 4, 1871; 'proclaimed May 5, 1871. Articles. I. Eennnciation of naturalization. I III. Ratification. II. Names to be furnished. I Annex. Form. Whereas by the second article of the convention between the United States of America and Her Majesty the Queen of the United King- dom of Great Britain and Ireland, for regulating the citizenship of citizens and subjects of the contracting parties who have emigrated or may emigrate, from the dominions of the one to those of the other party, signed at London, on the 13th of May, 1870, it was stipulated that the manner in which the renunciation by such citizens and sub- jects of their naturalization, and the resumption of their native alle- giance may be made and publicly declared, should be agreed upon by the Governments of the respective countries, the President of the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, for the purpose of effecting such agreement, have resolved to conclude a supplemental convention, and have named as their Plenipotentiaries, that is to say, the Presi- dent of the United States of America, Hamilton Fish, Secretary of State, and Her 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 Extraordi- nary and Minister Plenipotentiary to the United States of America; who have agreed as follows : Article I. Any person, being originally a citizen of the United States, who had previously to May 13th, 1870, been naturalized as a British subject, may, at any time before August 10th, 1872, and any British subject who, at the date first aforesaid, had been naturalized as a citizen within the United States, may, at any time before May 12th, 1872, publicly declare his renunciation of such naturalization by sub- scribing an instrument in writing, substantially in the form hereunto appended, and designated as Annex A. Such renunciation, by an original citizen of the United States, of British nationality, shall, within the territories and jurisdiction 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 naturaliza- tion, or before the clerk or prothonotary of any such court: if the declarant be beyond the territories of the United States, it shall be made in duplicate, before any diplomatic or consular officer of the United States. One of such duplicates shall remain of record in the custody of the court or officer in whose presence it was made; the other shall be, without delay, transmitted to the Department of State. GREAT BRITAIN 1871. 699 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 and Ire- land, be made in duplicate, in the presence of a justice of the peace; if elsewhere in Her Britannic Majesty’s dominions, in triplicate, in the presence of any judge of civil or criminal jurisdiction, of any justice of the peace, or of any other officer for the time being author- ized by law, in the place in which the declarant is, to administer an oath for any judicial or other legal purpose : if out of Her Majesty’s dominions, in triplicate, in the presence of any officer in the diplo- matic or consular service of Her Majesty. Article II, The contracting parties hereby engage to communicate each to the other, from time to time, lists of the persons who, within their re- spective dominions and territories, or before their diplomatic and consular officers, have declared their renunciation of naturalization, with the dates and places of making such declarations, and such in- formation as to the abode of the declarants, and the times and places of their naturalization, as they may have furnished. Article III. The present convention shall be ratified by the President of the 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 Washington as soon as may be convenient. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at Washington the twenty-third day of February, in the year of our Lord one thousand eight hundred and seventy-one. [seal.] Hamilton Fish, [seal.] Edwd. Thornton. Annex A. I, A. B., of [insert abode], being originally a citizen of the United States of America, [or a British subject,] and having become nat- uralized within the dominions of Her Britannic Majesty as a British subject, [or as a citizen within the United States of America,] do hereby renounce my naturalization as a British subject, [or citizen of the United States,] and declare that it is my desire to resume my nationality as a citizen of the United States, [or British subject.] (Signed) A. B. Made and subscribed to before me, , in [insert country or other subdivision, and State, province, colony, legation, or consulate,] this day of , 187-. ( Signed) X Justice of the Peace [or other title.] E. F., [seal.] [seal.] Hamilton Fish. Edwd. Thornton. 700 TREATIES. CONVENTIOKS, ETC. 1871.0 (Treaty of Washington.) Concluded May 8, 1871; ratification advised hy the Senate May 24-, 1871; ratified Jjy the President May 25, 1871; ratifications ex- changed June 17, 1871; proclaimed July If, 1871. Articles. I. Alabama claims ; arbitrators. II. Time of meeting. III. Case of each party. IV. Counter case; time. V. Arguments. VI. Rules to govern. VII. Decision. VIII. Expense. IX. Record. X. Board of assessors; awards. XI. Finality of decision. XII. Other claims. XIII. Investigation of claims. XIV. Time of presentation; deci- sion. XV. Awards. XVI. Records. XVII. Finality of decision. XVIII. Fishery rights. XIX. Fishery rights. XX. Exception as to fishery rights. XXI. Duties. XXII. Compensation for fishery rights. XXIII. Commissioners. XXIV. Proceeding before commission. XXV. Records. XXVI. Xavigation of St. Lawrence. XXVII. Use of canals. XXVIII. Navigation of Lake Michi- gan. XXIX. Conveyance of merchandise through United States. XXX. Conveyance in bond. XXXI. Duty on lumber cut in Maine. XXXII. Newfoundland. XXXIII. Time to take effect Arti- cles XVIII to and includ- ing XXV and Article XXX XXXIV. Boundary. XXXV. Award of Emijeror of Ger- many. XXXVI. Time of hearing case. XXXVH. Evidence. XXXVIII. Agents. XXXIX. Proceeding by arbitrator. XL. Secretary. XLI. Expenses. XLII. Award. XLIII. Ratification. The United States of America and Her Britannic Majesty, being desirous to provide for an amicable settlement of all causes of dif- ference between the two countries, have for that purpose appointed their respective Plenipotentiaries, that is to say : The President of the United States has appointed, on the part of the United States, as Commissioners in a Joint High Commission and Plenipotentiaries, Hamilton Fish, Secretary of State ; Robert Cumming Schenck, Envoy Extraordinary and Minister Plenipotentiary to Great Britain; Samuel Nelson, an Associate Justice of the Supreme Court of the United States; Ebenezer Rockwood Hoar, of Massachusetts; and George Henry Williams, of Oregon; and Her Britannic ^Majesty, on her part, has appointed as her High Commissioners and Plenipo- tentiaries, the Right Honourable George Frederick Samuel, Earl de Grey and Earl of Ripon, Viscount Goderich, Baron Grantham, a Baronet, a Peer of the United Kingdom, Lord President of Her Majesty’s Most Honourable Privy Council, Knight of the Most Noble Order of the Garter, etc., etc.; the Right Honourable Sir Stafford Henry Northcote, Baronet, one of Her Majesty’s Most Honourable Privy Council, a Member of Parliament, a Companion of the Most Honourable Order of the Bath, etc., etc.; Sir Edward Thornton, Knight Commander of the Most Honourable Order of the Bath, Her Weld & Co. V. U. S. (23 Ct. Cls., 126). GREAT BRITAIN 1871. 701 Majesty’s Envoy Extraordinary and Minister Plenipotentiary to the United States of America; Sir John Alexander Macdonald, Knight Commander of the Most Honourable Order of the Bath, a Member of Her Majesty’s Privy Council for Canada, and Minister of Justice and Attorney General of Her Majesty’s Dominion of Canada ; and Mountague Bernard, Esquire, Chichele Professor of International Law in the University of Oxford. And the said Plenipotentiaries, after having exchanged their full powers, which were found to be in due and proper form, have agreed to and concluded the following articles: Article I.“ Whereas differences have arisen between the Government of the United States and the Government of Her Britannic Majesty, and still exist, growing out of the acts committed by the several vessels which have given rise to the claims generically known as the “Ala- bama Claims:” And whereas Her Britannic Majesty has authorized her High Com- missioners and Plenipotentiaries to express, in a friendly spirit, the regret felt by Her Majesty’s Government for the escape, under what- ever 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 Majesty’s Gov- ernment, the high contracting parties agree that all the said claims, growing out of acts committed by the aforesaid vessels, and gener- ically known as the “Alabama Claims,” shall be referred to a tribunal of arbitration to be composed of five Arbitrators, to be appointed in the following manner, that is to say: One shall be named by the President of the United' States ; one shall be named by Her Britannic 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 Arbi- trators 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 Majestj'^ the Emperor of Brazil, as the case may be, may forthwith 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 recei]Dt of the request from either of the high contracting parties of His Majesty the King of Italy, or the President of the Swiss Con- federation, or His Majesty the Emperor of Brazil, to name an Arbi- trator either to fill the original appointment or in the place of one who may have died, be absent, or incapacitated, or who may omit, “Articles I to XI. inclusive, relate to tlie Tribunal for Arbitration of the Alabama Claims, which Tribunal met at Geneva, September 14, 1S72, awarding $15,500,000 in favor of the United States. (See text of Geneva Award, p. 717.) 702 TREATIES, CONVENTIONS, ETC. 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 Arbi- trator or Arbitrators. Article II. The Arbitrators shall meet at Geneva, in Switzerland, at the ear- liest convenient day after they shall have been named, and shall proceed impartially and catefully to examine and decide all ques- tions that shall be laid before them on the part of the Governments of the United States and Her Britannic Majesty respectively. 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 all matters connected with the arbitration. Article III. The written or printed case of each of the two parties, accompanied by the documents, the official correspondence, and other evidence on which each relies, shall be delivered in duplicate to each of the Arbitrators and to the Agent of the other party as soon as may be after the organization of the tribunal, but within a period not exceeding six months from the date of the exchange of the ratifica- tions 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, correspondence, and evi- dence, 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 counter case, documents, correspondence, and evidence, when, in their judgment, it becomes necessary, in consequence of the distance of the place from which the evidence to be presented is to be procured. If in the case submitted to the Arbitrators either party shall have specified or alluded to any report or document in its own exclusive possession without annexing a copy, such jiarty 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 V. It shall be the duty of the Agent of each party, within two months after the expiration of the time limited for the delivery of the counter case on both sides, to deliver in duplicate to each of the said GEEAT BRITAIN 1871. 703 Arbitrators and to the Agent of the other party a written or printed argument showing the points and referring to the evidence upon which his Government relies ; and the Arbitrators may, if they desire further 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. Article VI. In deciding the matters submitted to the Arbitrators, they shall be governed by the following three rules, which are agreed upon by the igh contracting parties as rules to be taken as applicable to the case, and by such principles of international law not inconsistent there- with as the Arbitrators shall determine to have been applicable to the case. RTJTjES* A neutral Government is bound — First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reason- able ground to believe is intended to cruise or to carry on war against a Power with which it is at peace; and also to use like diligence to prevent the departure from its jurisdiction 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 military 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 prevent 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 can- not assent to the foregoing rules as a statement of principles of inter- national law which were in force at the time when the claims men- tioned in Article I arose, but that Her Majesty’s Government, in order to evince its desire of strengthening the friendly relations be- tween 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 assume 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 futui’e, and to bring them to the knowledge of other maritime Powers, and to invite them to accede to them. Article 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 Avriting and dated, and shall be signed by the Arbitrators who may assent to it. 704 TREATIES, CONVENTIONS, ETC. The said tribunal shall first determine as to each vessel separately whether Great Britain has, by any act or omission, failed to fulfil any of the duties set forth in the foregoing three rules, or recognized by the principles of international law not inconsistent with such rules, and shall certify such fact as to each of the said vessels. In case the tribunal find that Great Britain has failed to fulfil any duty or duties as aforesaid, 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 referred to it ; and in such case the gross sum so awarded shall be paid in coin by the Government of Great Britain to the Govern- ment 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 the other copy shall be delivered to the Agent of Great Britain for his Gov- ernment. Article VIII. Each Government shall pay its own Agent and provide for the proper remuneration of the counsel employed bj’’ it and of the Ar- bitrator appointed by it, and for the expense of preparing and sub- mitting its case to the tribunal. All other expenses connected with the arbitration shall be defrayed by the two Governments in equal moieties. Article IX. The Arbitrators shall keep an accurate record of their proceedings, and may appoint and employ the necessary ofiicers to assist them. Article X. In case the tribunal finds that Great Britain has failed to fulfil any duty or duties as aforesaid, and does not award a sum in gross, the high contracting parties agree that a board of assessors shall be ap- pointed to ascertain and determine what claims are valid, and what amount or amounts shall be paid by Great Britain to the United States on account of the liability arising from such failure, as to each vessel, according to the extent of such liability as decided by the Arbitrators. The board of assessors shall be constituted as follows : One member thereof shall be named by the President of the United States, one member thereof shall be named by Her Britannic Majesty, and one member thereof shall be named by the Eepresentative at Washington of His Majesty the King of Italy; and in case of a vacancy happen- ing from any cause, it shall be filled in the same manner in which the original appointment was made. As soon as possible after such nominations the board of assessors shall be organized in Washington, with power to hold their sittings there, or in New York, or in Boston. The members thereof shall sev- erally subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment and ac- cording to justice and equity, all matters submitted to them, and shall forthwith proceed, under such rules and regulations as they may prescribe, to the investigation of the claims which shall be jire- sented to them by the Government of the United «States, and shall examine and decide upon them in such order and manner as they may GEEAT BBITAIN 1871. 705 think proper, but upon such evidence or information only as shall be furnished by or on behalf of the Governments of the United States and of Great BritaiOj respectively. They shall be bound to hear on each separate claim, if required, one person on behalf of each Gov- ernment, as counsel or agent. A majority of the Assessors in each case shall be sufficient for a decision. The decision of the Assessors shall be given upon each claim in writing, and shall be signed by them respectively and dated. Every claim shall be presented to the Assessors within six months from the day of their first meeting, but they may, for 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 expiration of one year from the date of their first meeting, the 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 meet- ing; 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 the United States, and one copy thereof to the Representative 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 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 ex- pedient, on the production of accounts certified by the board. The remuneration of the Assessors shall also be paid by the two Govern- ments 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 Asses- sors, should such board be appointed, as a full, perfect, and final set- tlement of all the claims hereinbefore referred to; and further en- gage 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 pro- ceedings of the tribunal or board, be considered and treated as finally settled, barred, and thenceforth inadmissible. Article XII.“ The high contracting parties agi’ee that all claims on the part of corporations, companies, or private individuals, citizens of the United “The commission provided for in Articles XII to XVII met in Washington September 26, 1871, and held its final meeting September 25, 1873, awarding $1,929,819 gold to Great Britain. The claims of United States citizens against Great Britain were all disallowed. 24449— VOL 1—10 45 706 TREATIES, CONVENTIONS, ETC. States, upon the Government of Her Britannic Majesty, arising out of acts committed against the persons or property of citizens of the United States during the period between the thirteenth of April, eighteen hundred and sixty-one, and the ninth of April, eighteen hundred and sixty-five, inclusive, not being claims growing out of the acts of the vessels referred to in Article I of this treaty, and all claims, with the like exception, on the part of corporation, companies, or private individuals, subjects of Her Britannic Majesty, upon the Government of the United States, arising out of acts committed against the persons or property of subjects of Her Britannic Majesty during the same period, which may have been presented to either Government for its interposition with the other, and which yet remain unsettled, as well as any other such claims which may be presented within the time specified in Article XIV of this treaty, shall be re- ferred to three Commissioners, to be appointed in the following man- ner, that is to say : One Commissioner shall be named by the Presi- dent 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 ex- change of the ratifications of this treaty, then the third Commissioner shall be named by the Kepresentative at Washington of His Majesty the 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 appointment; 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 convenient period after they have been respectiveh'^ named; and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment, and according to justice 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 Maj- esty, respectively ; and such declaration shall be entered on the record of their proceedings. Article XIII. The Commissioners shall then forthwith proceed to the investiga- tion of the claims which shall be presented to them. They shall in- vestigate and decide such claims in such order and such manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of the respective Governments. They shall be bound to receive and consider all written documents 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 Government, as counsel or agent for such Government, on each and every separate claim. A majority of the Commissioners shall be suffi- cient for an award in each case. The award shall be given upon each claim in writing, and shall be signed by the Commissioners as- senting to it. It shall be competent for each Government to name GREAT BRITAIN — 1871. 707 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 with the investiga- tion and decision thereof. The high contracting parties hereby engage to consider the de- cision of the Commissioners as absolutely final and conclusive upon each claim decided upon by them, and to give full effect to such decisions without any objection, evasion, 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 the Com- missioners, and then, and in* any such case, 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 claim within two years from the day of their first meeting. It shall be competent for the Commissioners to decide in each case whether any claim has or has not been duly made, preferred, and laid before them, either wholly or to any and 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 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, Avith the dates thereof, and may appoint and employ a secretary, and 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 and Agent or Council. All other expenses shall be defrayed by the two Govern- ments in equal moieties. The whole expenses of the commission, including contingent ex- penses, 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 cent, on the sums so awarded. Article XVII. The high contracting parties engage to consider the result of the proceedings of this commission as a full, perfect, and final settlement of all such claims as are mentioned in Article XII of this treaty upon either Government; and further engage that every such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said commission, shall, from and 708 TREATIES, CONVENTIONS, ETC. after the conclusion of the proceedings of the said commission, be considered and treated as finally settled, barred, and thenceforth inadmissible. Article XVIII.® It is agreed by the high contracting parties that, in addition to the liberty secured to the United States fishermen by the convention be- tween the United States and Great Britain, signed at London on the 20th day of October, 1818, of taking, curing, and drying fish on certain coasts of the British North American Colonies therein de- fined, the inhabitants of the United States shall have, in common with the subjects of Her Britannic Majesty, the liberty, for the term of years mentioned in Article XXXIII of this treaty, to take fish of every kind, except shell-fish, on the sea-Qoasts and shores, and in the bays, harbours, and creeks, of the provinces of Quebec, Nova Scotia, and New Brunswick, and the colony of Prince Edwarcl’s Island, and of the several islands thereunto adjacent, without being restricted to any distance from the shore, with permission to land upon the said coasts and shores and islands, and also upon the Magdalen Islands, for the purpose of drying their nets and curing their fish ; provided that, in so doing, they do not interfere with the rights of private property, or with British fishermen, in the peaceable use of any part of the said coasts in their occupancy for the same purpose. It is understood that the above-mentioned liberty applies solely to the sea fishery, and that the salmon and shad fisheries, and all other fisheries in rivers and the mouths of rivers, are hereby reserved ex- clusively 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, the liberty, for the term of years mentioned in Article XXXIII of this treaty, 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, harbours, and creeks of the said sea-coasts and shores of the United States and of the said islands, without being restricted to any distance from the shore, with permis- sion to land upon the said coasts of the United States and of the islands aforesaid, for the jmrpose of dr5dng 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 to the sea fishery, and that salmon and shad fisheries, and all other fisheries in rivers and mouths of rivers, are hereby reserved ex- clusively for fishermen of the United States. “Articles XVIII to XXV, inc., and Articles XXX and XXXII were terminated July 1, 1885, upon notice given in pursuance of a joint resolution of March 3, 1883. The Commission provided for in Articles XXII to XXV met at Halifax, Nova Scotia, June 15, 1877, and November 23, 1877, awarded to Great Britain 15,500,000 in gold. GREAT BRITAIN — -1871. 709 Article XX.® It is agreed that the places designated by the Commissioners ap- pointed under the first article of the treaty between the United States and Great Britain, concluded at Washington on the 5th of June, 1854, upon the coasts of Her Britannic Majesty’s dominions and the United States, as places reserved from the common right of fishing under that treaty, shall be regarded as in like manner reserved from the common right of fishing under the preceding articles. In case any question should arise between the Governments of the United States and of Her Britannic Majesty as to the common right of fishing in places not thus designated as reserved, it is agreed that a commission shall be appointed to designate such places, and shall be constituted in the same manner, and 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 the inland lakes, and of the rivers falling into them, and except fish preserved in oil,) being the produce of the fisheries of the United States, or of the Dominion of Canada, or of Prince Edward’s Island, shall be admitted into each country, respectively, free of duty. Article XXII.® Inasmuch as it is asserted by the Government of Her Britannic Majesty that the privileges accorded to the citizens of the United States under Article XVIII of this treaty are of greater value than those accorded by Articles XIX and XXI of this treaty to the sub- jects of Her Britannic Majesty, and this assertion is not admitted by the Government of the United States, it is further agreed that Com- missioners shall be appointed to determine, having regard to the privileges accorded by the United States to the subjects of Her Britannic Majesty, as stated in Articles XIX and XXI of this treaty, the amount of any compensation which, in their opinion, ought to be paid by the Government of the United States to the Government of Her Britannic Majesty in return for the privileges accorded to the citizens of the United States under Article XVIII of this treaty; and that any sum of mone}'^ which the said Commissioners may so award shall be paid by the United States 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 appointed in the following manner, that is to say : One Commissioner ® Articles XVIII to XXV, inc., and Articles XXX and XXXII were terminated July 1, 1885, upon notice given in pursuance of a joint resolution of March .8, 1883. The Commission provided for in Articles XXII to XXV met at Halifax, Nova Scotia, June 15, 1877, and November 23, 1877, awarded to Great Britain 85,500,000 in gold- 710 TREATIES, COKVENTIONS, ETC. 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 Com- missioner 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 Representative at London of His Majesty the Emperor of Austria 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 original appointment, 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 in the city of Halifax, in the province of Nova Scotia, at the earliest convenient period after they have been respectively named, and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide the matters referred to them to the best of their judgment, and according to justice and equity; and such declaration shall be entered on the record of their proceedings. Each of the high contracting parties shall also name one person to attend the commission as its Agent, to represent it generally in all matters connected with the commission. Article XXIV.® The proceedings shall be conducted in such order as the Commis- sioners appointed under Articles XXII and XXIII of this treaty shall determine. They shall be bound to receive 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 Commissioners shall prescribe. If in the case submitted to the Commissioners either party shall have specified or alluded to any report or document in its own exclu- sive possession, without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof; and either party may call upon the other, through the 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 from the date of the organization of the Commission, and the Com- missioners 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 Commis- sioners under the circumstances contemplated in Article XXIII of this treaty. Article XXV.“ The Commissi^ers shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof, and « Terminated July 1, 1885. GREAT BRITAIN 1871. 711 may appoint and employ a Secretary and any other necessary officer or officers to assist them in the transaction of the business which may come before them Each of the high contracting parties shall pay its own Commis- sioner and Agent or Counsel ; all other expenses shall be defrayed by the two Governments in equal moieties. Article XXVI. The navigation of the river St. Lawrence, ascending and descend- ing, from the forty-fifth parallel of north latitude, where it ceases 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, subject to any laws and regula- tions of Great Britain, or of the Dominion of Canada, not inconsistent with such privilege of free navigation. The navigation of the rivers Yukon, Porcupine, and Stikine, ascending and descending, from, to, and into the sea, shall forever remain free and open for the purposes of commerce to the subjects of Her Britannic Majesty and to the citizens of the United States, subject to any laws and regulations of either country within its own territory, not inconsistent with such privilege of free navigation. Article XXVII. The Government of Her Britannic Majesty engages to urge upon the Government of the Dominion of Canada to secure to the citizens of the United States the use of the Welland, St. Lawrence, and other canals in the Dominion on terms of equality with the inhab- itants of the Dominion; and the Government of the United States engages that the subjects of Her Britannic ISIajesty shall enjoy the use of the St. Clair Flats canal on terms of equality with the in- habitants of the United States, and further engages 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 navi- gation of the lakes or rivers traversed by or contiguous to the bound- ary line between the possessions of the high contracting parties, 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 mentioned in Article XXXIII of this treaty, be free and open for the purposes of commerce to the subjects of Her Britannic 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 ports of New York, Boston, and Portland, and any other ports “Not considered in effect. (See Messages & Papers of Presidents, vol. IX, p. 335.) 712 TREATIES, CONVENTIONS, ETC. in the United States which have been or may, from time to time, be specially designated by the President of United States, and des- tined for Her Britannic Majesty’s possessions in North 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 pro- tection of the revenue as the Government of the United States may from time to time prescribe; and under like rules, regulations, and conditions, goods, wares, or merchandise may be convej^ed in transit, without the payment of duties, from such possessions through the territor}' 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 North America and destined for the United States may be entered at the proper custom-house and conveyed in transit, without the payment of duties, through the said possessions, under such rules and regulations, and conditions for the protection of the revenue, as the Governments of the said possessions may from time to time prescribe; and 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 pos- sessions 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 of this treaty, subjects of Her Britannic Majesty may carry in British vessels, without payment of duty, goods, wares, or merchandise from one port or place within the territory of the United States upon the St. Lawrence, the great lakes, and the rivers connecting the same, to another port or place within the territory of the United States as aforesaid: 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 States vessels, without payment of duty, goods, wares, or merchandise from one port or place within the possessions of Her Britannic Majesty in North America, to another port or place within the said possessions: Provided, That a portion of such transporta- tion 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 im- pose any export duties on goods, wares, or merchandise carried under this article through the territory of the United States; and Her Maj- esty’s Government engages to urge the Parliament of the Dominion of Canada and the Legislatures of the other colonies not to impose TRis article terminated July 1, 1885, on notice by United States. GREAT BRITAIN ^1871. 713 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 23eriod that such duties are imposed, the right of carry- ing granted under this article in favor of the subjects of Her Britan- nic Majesty. The Government of the United States may suspend the right of carrying granted in favor of the subjects of Her Britannic Majesty under this article in case the Dominion of Canada should at any time deprive the citizens of the United States of the use of the canals of the said Dominion on terms of equality with the inhab- itants of the Dominion, as provided in Article XXVII. Artk t.e XXXI. The Government of Her Britannic Majesty further engages to urge upon the Parliament of the Dominion of Canada and the Legis- lature of New Brunswick, that no export duty, or other duty, shall be levied on lumber or timber of any kind cut on that' portion 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. 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 suspend 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 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 to give it effect, by either of the legislative bodies aforesaid, shMl 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 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 from the date at which they may come into operation ; and further until the expiration of two years after either of the high “This article terminated July 1, 1885, on notice by United States. 714 TREATIES, CONVENTIONS, ETC. 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. Article XXXIV.» IVhereas it was stipulated by Article I of the treaty concluded at Washington on the 15th of June, 1846, between the United States and Her Britannic Majesty, that the line of boundary between the terri- tories of the United States and those of Her Britannic Majesty, from the point of the forty-ninth parallel of north latitude up to which it had already been ascertained, should be continued westward along the said parallel of north latitude “ to the middle of the channel which separates the continent from Vancouver’s Island, and thence southerly, through the middle of the said channel and of Fuca Straits, to the Pacific Ocean;” and whereas the Commissioners appointed by the two high contracting parties to determine that portion of the boundary which runs southerly through the middle of the channel aforesaid, were unable to agree upon the same; and whereas the Government of Her Britannic Majesty claims that such boundary line should, under the terms of the treaty above recited, be run through the Rosario Straits, and the Government of the United States claims that it should be run through the Canal de Haro, it is agreed that the respective claims of the Government of the United States and of the 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, finally and without appeal, which of those claims is most in accordance with the true interpreta- tion of the treaty of June 15, 1846. Article XXXV.“ The award of His Majesty the Emperor of Germany shall be con- sidered as absolutely final and conclusive: and full effect shall be given to such award without any objection, evasion, or delay whatso- ever. 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 Rejiresentatives 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 by the evidence offered in support of the same, shall be laid before His Majesty the Emperor of Germany within six 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 Representatives at Berlin. The high contracting parties may include in the evidence to be considered by the Arbitrator such documents, official correspondence, “ See award of Emperor of Germany, page 716. GREAT BRITAIN 1871. 715 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 com- municated, which definite statement shall be so laid before the Arbi- trator, and also be mutually communicated in the same manner as aforesaid, by each party to the other, within six months from the date of laying the first statement of the case before the Arbitrator. Article XXXVII.» If, in the case submitted to the Arbitrator, either party shall specify or allude to any report or document in its own exclusive possession without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof, and either party may call upon the other, through the Arbitrator, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the Arbitrator may require. And if the Arbi- trator should desire further elucidation or evidence with regard to any point contained in the statements laid before him, he shall be at liberty to require it from either party, and he shall be at liberty to hear one Counsel or Agent for each party, in relation to any matter, and at such time, and in such manner, as he may think fit. Article XXXVIII.» The Representatives or other public Agents of the United States and of Great Britain at Berlin, respectively, shall be considered as the Agents of their respective Governments to conduct their cases before the Arbitrator, who shall be requested to address all his com- munications and give all his notices to such Representatives or other public Agents, who shall repre.sent their respective Governments generally, in all matters connected with the arbitration. Article XXXI X.“ It shall be competent to the Arbitrator to proceed in the said arbi- tration, and all matters relating thereto, as and when he shall see fit, either in person, or by a person or persons named by 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 renumer- ation as he shall think proper. This, and all other expenses of and connected with the said arbitration, shall be provided for as herein- after stipulated. “ See award, page 716. 716 TREATIES, CONVENTIONS, BTO. 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 been put to, in relation to this matter, which shall forthwith be re- paid 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 each of the said Agents. Article XLIII. The present treaty shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty; and the ratifica- tions 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.] Hamilton Fish. SEAL.] Robt. C. Schenck. SEAL.] Samuel Nelson. SEAL.] Ebenezer Rockwood Hoar. SEAL.] Geo. H. Williams. SEAL.] De Grey & Ripon. 'seal.] Stafford H. Northcote. SEAL.] Edwd. Thornton. SEAL.] John A. Macdonald. SEAL.] Montague Bernard. AWARD OP THE EMPEROR OF GERMANY UNDER THE XXXIVth ARTICLE OF THE TREATY OP MAY 8, 1871, GIVING THE ISLAND OF SAN JUAN TO THE UNITED STATES. ITranslation.] 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 Governments have submitted to Our Arbitrament the ques- tion at issue between them, whether the boundary-line which, ac- cording to the Treaty of Washington of June 15, 1846, after being carried westward along the forty-ninth parallel of northern latitude “ See award, page 716. ® So in the original. The date of the treaty is, however. May 8th. GREAT BRITAIN — IS*?!. 717 to the middle of the channel which separates the continent from Van- couver’s Island is thence to be drawn southerly through the middle of the said channel and of the Fuca Straits to the Pacific Ocean, should be drawn through the Rosario Channel 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 summoned 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 be- tween the territories of Her Britannic Majesty and the United States should be drawn through the Haro Channel. Authenticated by Our Autographic Signature and the impression of the imperial great seal. Given at Berlin, October the 21st, 1872. [seal.] William. THE geneva award UNDER ARTICLES I TO XI OF THE CONVEN- TION OF 1871 made by the tribunal of arbitration constituted by virtue of the first article of the treaty concluded at Washington the 8th of May 1871, between the United States and Great Britain. The United States of America and Her Britannic Majesty having agreed by Article I. of the treaty concluded and signed at Washing- ton the 8th of iMay 1871, to refer all the claims “ generically known as the Alabama claims ” to a tribunal of arbitration to be composed of five arbitrators named : One by the President of the United States, One by Her Britannic Majesty, One by His Majesty the King of Italy, One by the President of the Swiss Confederation, One by his Majesty the Emperor of Brazil; And the President of the United States, Her Britannic Majesty, His Majesty the King of Italy, the President of the Swiss Confed- eration, and His Majesty the Emperor of Brazil having respectively named their arbitrators, to wit : The President of the United States, Charles Francis Adams, esquire ; Her Britannic Majesty, Sir Alexander James Edmund Cockburn, baronet, a member Her Majesty’s privy council, lord chief justice of England ; His Majesty the King of Italy, His Excellency Count Frederick Sclopis of Salerno, a knight of the order of the Annunciata, minister of state, senator of the Kingdom of Italy ; The President of the Swiss Confederation, M. James Stampfli; His Majesty the Emperor of Brazil, His Excellency Marcos Antonio d’ Araujo, Viscount d’ Itajuba, a grandee of the Empire of Brazil, member of the council of H. M. the Emperor of Brazil, and his envoy extraordinary and minister plenipotentiary in France. 718 TREATIES, CONVENTIONS, ETC. And the five arbitrators above named having assembled at Geneva (In Switzerland) in one of the chambers of the Hotel de Ville on the 15th of December, 1871, in conformity with the terms of the second article of the treaty of Washington of the 8th of May of that year, and having proceeded to the inspection and verification of their respective powers, wdiich were found duly authenticated, the tribunal of arbitration was declared duly organized. The agents named by each of the high contracting parties, by virtue of the same article II. to wit: For the United States of America, John C. Bancroft Davis, esquire; And for Her Britannic Majesty, Charles Stuart Aubrey, Lord Tenterden, a peer of the United Kingdom, companion of the Most Honorable Order of the Bath, assistant under secretary of state for foreign affairs; Whose powers were found likewise duly authenticated, then de- livered to each of the arbitrators the printed case prepared by each of the two parties, accompanied by the documents, the official corre- spondence, and other evidence on which each relied, in conformity with the terms of the third article of the said treaty. In virtue of the decision made by the tribunal at its first session, the counter case and additional documents, correspondence, and evi- dence referred to in article four of the said treaty were delivered by the respective agents of the two parties to the secretary of the tri- bunal on the 16th of April, 1872, at the chamber of conference, at the Hotel de Ville of Geneva. The tribunal, in accordance with the vote of adjournment passed at their second session, held on the 16th of December, 1871, reassembled at Geneva on the 16th of June 1872; and the agent of each of the parties duly delivered to each of the arbitrators, and to the agent of the other party, the printed argument referred to in article V of the said treaty. The tribunal having since fully taken into their consideration the treaty, and also the cases, counter cases, documents, evidence, and ar- guments, and likewise all other communications made to them by the twm parties during the progress of their sittings and having impar- tially and carefully examined the same. Has arrived at the decision embodied in the present award: Whereas, having regard to the Vlth and Vllth articles of the said treaty, the arbitrators are bound under the terms of the said Vlth article, “ in deciding the matters submitted to them, to be governed by the three rules therein specified and by sucli principles of inter- national law, not inconsistent therewith, as the arbitrators shall de- termine to have been applicable to the case ; ” And whereas the “ due diligence ” referred to in the first and third of the said rules ought to be exercised by neutral Governments in exact proportion to the risks to which either of the belligerents may be exposed, from a failure to fulfill the obligations of neutrality on their part; And whereas the circumstances out of which the facts constituting the subject matter of the present controversy arose were of a nature to call for the exercise on the part of Her Britannic Majesty’s Gov- ernment of all jjossible solicitude for the observance of the rights and the duties involved in the proclamation of neutrality issued by her Majesty on the 13th day of May 1861; GREAT BRITAIN 1871. 719 And whereas the effects of a violation of neutrality committed by means of the construction, equipment and armament of a vessel are not done away with by any commission which the Government of the belligerent power, benefited by the violation of neutrality, may after- wards have granted to that vessel; and the ultimate step, by which the offense is completed cannot be admissible as a ground for the absolution of the offender, nor can the consummation of his fraud become the means of establishing his innocence ; And whereas the privilege of extraterritoriality accorded to vessels of war has been admitted into the law of Nations, not as an absolute right, but solely as a proceeding founded on the principle of courtesy and mutual deference between different nations, and therefore can never be appealed to for the protection of acts done in violation of neutrality ; And whereas the absence of a previous notice cannot be regarded as a failure in any consideration required by the law of nations in those cases in which a vessel carries with it its own condemnation ; And whereas in order to impart to any supplies of coal a character inconsistent with the second rule prohibiting the use of neutral ports of waters as a base of naval operations for a belligerent it is necessary that the said supplies should be connected with special circum- stances of time, of persons, or of place, which may combine to give them such character; And whereas with respect to the vessel called the Alabama, it clearly results from all the facts relative to the construction of the ship at first designated by the number “ 290 ” in the port of Liver- pool and its equipments and armament in the vicinity of Terceira through the agency of the vessels called the “Agrippina” and the “ Bahama ”, dispatch from Great Britain to that end, that the British Government failed to use due diligence in the performance of its neutral obligations; and especially that it omitted, notwithstanding the warnings and official representations made by the diplomatic agents of the United States during the construction of the said num- ber “ 290 ”, to take in due time any effective measures of prevention, and that those orders which it did give at last, for the detention of the vessel, were issued so late that their execution was not practicable ; And whereas after the escape of that vessel, the measures taken for its pursuit and its arrest were so imperfect as to lead to no result, and therefore cannot be considered sufficient to release Great Britian from the responsibility already incurred; And whereas, in spite of the violations of the neutrality of Great Britain committed % the “ 290,” this same vessel, later known as the confederate cruiser Alabama, was on several occasions freely admitted into the ports of colonies of Great Britain, instead of being proceeded against as it ought to have been in any and every port within British jurisdiction in which it might have been found; And whereas the Government of Her Britannic Majesty cannot justify itself for a failure in due diligence on the plea of insufficiency of the legal means of action which it possessed : For the arbitrators for the reasons above assigned and the fifth for the reasons separately signed by him. Are of opinion — That Great Britain has in this case failed by omission, to fulfil the duties prescribed in the first and the third of the rules, established by the Vlth article of the treaty of Washington. 720 TREATIES, CONVENTIONS, ETC. And whereas, with respect to the vessel called the “ Florida *’ it results from all the facts relative to the construction of the Oreto ” in the port of Liverpool, and to its issue there from, which facts failed to induce the authorities in Great Britain to resort to measures ade- quate to prevent the violation of the neutrality of that nation, not- withstanding the warnings and repeated representations of the agents of the United States, that Her Majesty’s Government has failed to use due diligence to fulfill the duties of neutrality ; And whereas it likewise results from all the facts relative to the stay of the “ Oreto ” at Nassau, to her issue from that port, to her enlistment of men, to her supplies, and to her armament, with the co- operation of the British vessel “ Prince Alfred ” at Green Cay, that there was negligence on the part of the British colonial authorities ; And whereas, notwithstanding the violation with Great Britain committed by the Oreto, this same vessel later known as the con- federate cruiser Florida, was nevertheless on several occasions freely admitted into the ports of British colonies; And whereas the judicial acquittal of the “ Oreto " at Nassau cannot relieve Great Britain from the responsibility incurred by her under the principles of international law ; nor can the fact of the entry of the Florida into the confederate port of Mobile, and of its stay there during four months extinguish the responsibility previously to that time incurred by Great Britain; For these reasons. The tribunal by a majority of four voices to one is of opinion — That Great Britain has in this case failed by omission to fulfill the duties prescribed in the first, in the second, and in the third of the rules established by article VI. of the treaty of lYashington. And whereas, with respect to the vessel called the ” Shenandoah,” it results from all the facts relative to the departure from London of the merchant vessel “ The Sea King ” and to the transformation of that ship into a confederate cruiser under the name of the Shenandoah near the Island of Madeira, that the Government of Her Britannic Majesty is not chargeable with any failure, down to that date, in the use of all diligence to fulfill the duties of neutrality ; But whereas its results from all the facts connected with the stay of the Shenandoah at Melbourne, and especially with the augmenta- tion which the British Government itself admits to have been clan- destinely effected of her force, by the enlistment of men within that port, that there was negligence on the part of the authorities of that place : For these reasons. The tribunal is unanimously of opinion — That Great Britain has not failed by any act or omission, “ to fulfill any of the duties prescribed by the three rules of article VI in the treaty of Washington or by the principles of law not inconsistent therewith,” in respect to the vessel called the Shenandoah, during the period of time anterior to her entry into the port of Melbourne; And by a majoiuty of three to two voices, the tribunal decided that Great Britain has failed, by omission to fulfill the duties prescribed by the second and third of rules aforesaid, in the case of this same vessel, from and after her entry into Hobson’s Bay, and is therefore responsible for all acts committed by that vessel after her departure from Melbourne on the 18 day of February 1865. GREAT BRITAIN 1871. 721 And so far as relates to the vessels called — The Tuscaloosa, (tender to the Alabama) , The Clarence, The Tacony and The Archer, (tenders to the Florida), The tribunal is unanimously of opinion — That such tenders or auxiliary vessels, being properly regarded as accessories, must necessarily follow the lot of their principals, and be submitted to the same decision which applies to them respectively. And so far as relates to the vessel called “ Retribution,” The tribunal by a majority of three to two voices is of opinion — That Great Britain has not failed by any act or omission to ful- fill any of the duties prescribed by the three rules of article VI in the treaty of Washington, or by the principles of international law not inconsistent therewith. And so far as relates to the vessels called — The Georgia, The Sum- ter, The Nashville, The Tallahasse, and The Chickamauga, respec- The tribunal is unanimously of opinion — That Great Britain has not failed, by any act or omission to ful- fill any of the duties prescribed by the three rules of article VI. in the treaty of Washington or by the principles of international law not inconsistent therewith. And so far as relates to the vessels called — The Sallie, The Jeffer- son Davis, The Music, The Boston and the V. H. J oy, respectively. The tribunal is unanimously of opinion — That they ought to be excluded from consideration for want of evidence. And whereas, so far as relates to the particulars of the indemnity claimed by the United States, the cost of pursuit of the confederate cruisers, are not, in the judgment of the tribunal, properly distin- guishable 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 indemnity under this head. And whereas prospective earnings cannot properly be made the subject of compensation, inasmuch as they depend in their nature upon future and uncertain contingencies : The tribunal is unanimously of opinion — That there is no good ground for awarding to the United States any sum by way of indemnity under this head. And whereas in order to arrive at an equitable compensation for the damages which have been sustained, it is neccessary to set aside all double claims for the same losses, and all claims for “ gross freights ” so far as they exceed “ nef freights ; ” And whereas it is just and reasonable to alloAV interest at a reason- able rate; And whereas, in accordance with the spirit and letter of the treaty of Washington, it is preferable to adopt the form of adjudication of a sum in gross, rather than refer the subject of comjiensation for a further discussion and deliberation to a board of assessors, as pro- vided by article X of the said treaty ; 24449 — VOL 1 — 10 46 722 TREATIES, CONVENTIONS, ETC. The tribunal, making use of the authority conferred upon it by article VII of the said treaty, by a majority of four voices to one awards to the United States a sum of $15,600,000 in gold as the in- demnity to be paid by Great Britain to the United States, for the satisfaction of all the claims referred to the consideration of the tribunal, conformably to the provisions contained in article VII of the aforsaid treaty. And, in accordance with the terms of article XI of the said treaty, the tribunal declares that “ all the claims referred to in the treaty as submitted to the tribunal are hereby fully, perfectly, and finally settled Further it declares, that “each and every one of the said claims, whether the same may or may not have been presented to the notice of, or made, preferred, or laid before the tribunal, shall henceforth be considered and treated as finally settled, barred, and inadmissible.” In testimony whereof this present decision an award has been made in duplicate and signed by the arbitrators who have given their assent thereto, the whole being in exact conformity with the provisions of article VII of the said treaty of Washington. Made and concluded at the Hotel de Ville of Geneva, in Switzer- land, the 14th day of the month of September, in the year of our Lord, One thousand eight hundred and seventy-two. Chas. Francis Adams. Frederick Sclopis. Stampfli. ' ViCOMTE d’ItAJUBA. 1873. Additional Article to Treaty of May 8, 1871, Respecting Meeting Places for the Commission under Article XII. Concluded January 18, 1873; ratification advised hy the Senate Feb- ruary lit-, 1873; ratified by the President February 28, 1873; ratifi- cations exchanged AfAl 10, 1873 ; proclaimed April 15, 1873. Vdiereas, 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 has invested Hamilton Fish, Secretary of State, with full power, and her Britannic Majesty has invested the Right Idonourable Sir Edward Thornton, one of Her Majesty’s Most Honourable Privy Council, Knight Commander of the INIost Honourable Order of the Bath, Her Majesty’s Envoy Extraordinary and Minister Plenipoten- tiary 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 additional article. It is agreed that the sessions of the Commissioners provided for by the twelfth Article of the Treaty between the United States and Her GREAT BRITAIN 1873. 723 Britannic Majesty of the 8th of May 1871, need not be restricted to the city of Washington, but may be held at such other place within the United States as the commission may prefer. The present Additional Article shall be ratified, and the ratifica- tions 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 seventy-three. [seal.] Hamilton Fish. [seal.] Edwd. Thornton. 1873. Protocol of a Conference at Washington, March 10, 1873, Eespecting 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 Wash- ington 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 Continent from Vancouver’s Island; and thence southerly through the middle of the said channel, and of Fuca’s Straits, to the Pacific Ocean; Provided^ however^ That the navigation of the wdiole 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: Article XXXIV. “ Whereas it was stipulated by Article I of the Treaty concluded at Washington on the 15th of June 1846, between the United States and Her Britannic Majesty, that the line of boundary between the terri- tories of the United States and those of Her Britannic Majesty, from the point on the 49th parallel of North Latitude up to which it had already been ascertained, should be continued westward along the said parallel of North Latitude to the middle of the channel which separates the Continent from Vancouver’s Island, and thence southerly, through the middle of the said channel and of Fuca’s Straits to the Pacific Ocean — and whereas the commisisoners ap- 724 TREATIES, CONVENTIONS, ETC. pointed 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 agvee upon the same; and whereas the Govemment of Her Britannic Majesty claims that such boundary line should under the terms of the Treaty above recited, be run through the Eosario Straits, and the Government of the United States claims that it should be run through the Canal de Haro, it is agreed that the respective claims of the Government of the United 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 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 treaty 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 richtigen Auslegung des zwischen den Eegierungen Hirer Britischen IMajestat und der Vereinigten Staaten von Amerika geschlossenen Vertrages de dato Washington den 15 Juni 1846, steht der Auspruch der Eegierung der Vereinigten Staaten am meisten im Einklange, dass die Grenzlinie zwischen den Gebieten Hirer Britischen IMajestat und den Vereinigten Staaten durch den Plaro-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 IMajesty’s Envoy Extraordinary and Minister Plenipotentiary to the United States of America, and Eear- Admiral Janies Charles Preimst, Commissioner of Her Britannic Majesty in respect of the boundary aforesaid, duly au- thorized 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 determination of so much of the Boundary line between the territory of the United States and the possessions of Great Brit- ain, as was left uncomiileted by the commissioners heretofore ap- pointed to carry into effect the First Article of the Treaty of 15th June 1846, have met together at Washington, and have traced out and marked the said Boundary line on four charts, severally entitled — ■ “ North America, West Coast, Strait of Juan de Fuca and the chan- nels between the Continent and Vancouver Id., showing the Bound- ary line between British and American Possessions, from the ad- miralty surveys by Captains H. Kellett E. N. 1847, and G. H. Eich- ards, E. N., 1858-1862 ” and having on examination agTeed that the lines so traced out and marked on the respective charts are identical, they have severally signed the said charts on behalf of their respective Governments, two copies thereof to be retained by the Government of the United States, and two copies thereof to be retained by the Government of Her Britannic IMajesty, to serve with the “ definition of the Boundary line,” attached hereto, showing the general bear- ings of the line of Boundary as laid down on the charts, as a per- jietual record of agreement between the two Governments in the matter of the line of Boundary between their respective dominions under the First Article of the Treaty concluded at Washington on the 15th of June 1846. GREAT BRITAIN — 1873. 725 In witness whereof the undersigned have signed this Protocol and have hereunto affixed their seals. Done in duplicate at Washington, this tenth day of March in the year 1873. Hamilton Fish. Edwd. Thornton. James C. Pkevost. [seal.] [seal.] [seal.] DEFINITION OF THE BOHNDARY-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 Fuca 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, R N, 1847, and G H Richards, R N, 1858-1862.” The Boundary line thus laid down on the chart is a black line shaded red on the side of the British possessions and blue on the side of the possessions of the United States. The Boundary line thus defined commences at the point on the 49th parallel of North Latitude on the west side of Point Robarts which is marked by a stone monument, and the line is continued along the said parallel to the middle of the channel which separates 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 50° E (true) for about fifteen geographical miles, when it curves to the southward passing equidistant between the west point of Patos Island and the east point of Saturna Island until the point midway on a line drawn between Turnpoint on Stewart Island and Fairfax point on Moresby Island bears S. 68° W, (true,) distant ten miles then on a course south 68° W, (true,) ten miles to the said point midway between Turnpoint on Stewart Island and Fairfax Point on Moresby Island, thence on a course about south 12° 30' east (true) for about eight and three quarter miles to a point due east one mile from the northernmost Kelp Reef which reef on the said chart is laid down as in Latitude 48° 33' north and in longitude 123° 15' west, then its direction con- tinues about S 20° 15' east (true) six and one-eighth miles to a point midway between Sea Bird Point on Discovery Island 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° 1'^' 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 Race Island to Angelos Point midway between the same. Thence the line runs through the center of the Strait of Juan de Fuca first in a direction N. 80° 30' IV about 5f 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 direction N. 76° W, about 13J miles to a point equidistant 726 TREATIES, CONVENTIOKS, ETC. in a straight line between Sherringham Point on Vancouver Island and Pillar Point on the shore of Washington Territory, thirds in a direction N. 68 W, about 30| 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 siqj- posed to be necessary to a practical definition of the line laid down on the chart and intended to be the Boundary line. Hamilton Fish. Edwd. Thornton. James C. Prevost. 1873. Protocol of a Conference Held at Washington, June 7, 1873, Set- ting THE Time at avhich Articles 18 to 25, and Article 30 of the Treata' of Maa" 8, 1871, Should go into Effect, with Re- spect 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: — “ARTICLE XXXIII. “ The foregoing Articles, XVIII to XXV, inclusive, and Article XXX of this Treaty shall take effect as soon as the laws required to carry them into operation shall have been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Edward’s Island on the one hand, and by the 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 from the date at which they may come into operation, and further until the expiration of two 3"ears 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 b}^ the Imperial Parliament of Great Britain in the 35th and 36th years of the reign of Queen Vic- toria, 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 Eirst Parliament, held in the thirty-fifth year of Her IMajesty’s Reign, and assented to in Her Majesty’s name, by the Governor General on the Fourteenth day of June, 1872, intituled “ An Act relating to the Treaty of Washington 1871,” GKEAT BRITAIN — 1873-1874. 727 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 Repre- 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 Hamilton Fish, Secretary of State of the United States, and the Right Honourable Sir Edward Thornton, one of Her Majesty’s Most Honourable Privy Council, Knight Commander of the Most Honourable Order of the Bath, Her Brittanic Majesty’s Envoy Extraordinary and Minister Plenipotentiary to the United States of America, duly authorized for this purpose by their respec- tive Governments, having met together at Washington and having found that the laws required to carry the Articles XVIII to XXV inclusive, and Article XXX of the Treaty aforesaid into operation have been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Edward’s Island on the one part, and by the Congress of the United States on the other, hereby declare that Articles XVIII to XXV inclusive, and Article XXX of the Treaty between Her Britannic Majesty and the United States of America of the 8th of May, 1871, will take effect on the First day of July next. In witness whereof the undersigned have signed this Protocol, and have hereunto affixed their seals. Done in duplicate at Washington, this Seventh day of June, 1873. [seal.] Hamilton Fish. [seal.] Edwd. Thornton. 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 Re- spect TO Newfoundland. Whereas it is provided by Article XXXII 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 Washing- ton on the 8th of May, 1871, as follows: “Article XXXII. “ 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 to give it effect, by either of the legislative bodies aforesaid, shall not in any way impair any other articles of this treaty.” 728 TREATIES, CONVENTIONS, ETC. And whereas an Act was passed by the Senate and House of Repre- 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 fish- eries— ” by which Act it is provided : “ Sec. 2. That whenever the Colony of Newfoundland 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 Parlia- ment shall pass the necessary laws for that purpose, the above enu- merated Articles, being the produce of the fisheries of the Colony of Newfoundland, shall be admitted into the United States free of dut}", 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 con- tained, 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 to the terms and condi- tions 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 con- vened 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 revisions of the Treaty of Washington as far as thev 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 Majesty’s Most Honorable Privy Council, Knight Commander of the IMost 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 Articles 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 Canada and by the Legislature of Prince Edward’s Island and the Legislature of Newfoundland on the other, hereby declare that Arti- cles XVIII to XXV inclusive, and Article XXX of the Treaty be- tween the United States of America and Her Britannic Majesty, shall take effect in accordance with Article XXXIII of said Treaty between the citizens of the United States of America and Her Maj- esty’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.] [seal.] Hamilton Fish. Edivd. Thornton. GREAT BRITAIN 1871. 729 1885. Agreement Between the United States and Great Britain , Bespecting the Fisheries. (Under treaty of 1871.) Concluded June 1886. notice. By direction of the President, the undersigned, Secretary of State, hereby makes known to all whom it may concern that a temporary diplomatic agreement has been entered into between the Government of the United States and the Government of Her Britannic Majesty in relation to the fishing privileges which were granted by the fishery clauses of the treaty between the United States and Great Britain of May 8, 1871, whereby the privilege of fishing, which would otherwise have terminated with the treaty clauses of the 1st of July proximo, may continue to be enjoyed by the citizens and subjects of the two countries engaged in fishing operations throughout the season of 1885. This agreement proceeds from the mutual good-will of the two Governments, and has been reached solely to avoid all misunderstand- ing and difficulties which might otherwise arise from the abrupt termination of the fishing of 1885 in the midst of the season. The immunity which is accorded by this agreement to the vessels belonging to citizens of the United States engaged in fishing in the British American waters will likewise be extended to British vessels and sub- jects engaged in fishing in the waters of the United States. The joint resolution of Congress of March 3, 1883, providing for the termination of the fishing articles of the treaty of May 8, 1871, having repealed in terms the act of March 1, 1873, for the execution of the fishing articles, and that repeal being express and absolute from the date of the termination of the said fishing articles, under due notifi- cation given and proclaimed by the President of the United States, to wit, July 1, 1885, the present temporary agreement in no way affects the question of statutory enactment or exemption from customs duties^ as to which the abrogation of the fishing articles remains complete. As part of this agreement, the President will bring the whole ques- tion of the fisheries before Congress at its next session in December, and recommend the appointment of a joint commission by the Govern- ments of the United States and Great Britain to consider the matter, in the interest of maintaining good neighborhood and friendly inter- course between the two countries, thus affording a prospect of nego- tiation for the development and extension of trade between the United States and British North America. Copies of the memoranda and exchanged notes on which this tem- porary agreement rests are appended. Reference is also made to the President’s proclamation ® of January 31, 1885, terminating the fishing articles of the Treaty of Washington. By direction of the President : T. F. Bayard, Secretary of State. Proclamatiou, page 734. 730 TREATIES, CONVENTIONS, ETC, APPENDICES. 1. Mr. West’s memorandum of March 12, 1885. 2. Mr. Bayard to Mr. West, memorandum of April 22, 1885. 3. Mr. West’s memdranda of June 13, 1885. 4. Mr. Bayard to Mr. West, June 19, 1885. 5. Mr. West to Mr. Bayard, June 20, 1885. 6. Mr. Bayard to Mr. West, June 20, 1885. 7. Mr. Bayard to Mr. West, June 22, 1885. 8. Mr. West to Mr. Bayard, June 22, 1885. President’s proclamation, January 31, 1885. 1. — Mr. West's memorandum of March 12, 1885. [Memorandum. — Confidential.] The fishery clauses of the Treaty of Washington of 1871 will expire on the 1st of July next. It has been represented by the Canadian Government that much inconvenience is likely to arise in consequence, unless some agreement can be made for an extension of the period. When the time comes (1st of July next) American ships will be actually engaged in fishing within the territorial waters of the Dominion. These vessels will have been fitted out for the season’s fishing and have made all their usual arrangements for following it up until its termination in the autumn. If, under these circumstances, the provincial or municipal authorities in Canada were to insist upon their strict rights, and to compel such vessels, on pain of seizure, to desist from fishing, considerable hardship would be occasioned to the owners, and a feeling of bitterness engendered on both sides which it is clearly the interest of both Governments to avert. It seems therefore desirable, in order to avoid such possible complications, that both Governments should come to an agreement under which the clauses might be in effect extended until the 1st of January, 1886. If this were done the existing state of things would come to an end at a date between the fishery season of 1885 and that of 1886, and an abrupt transi- tion at a moment when fishery operations were being carried on would be thus avoided. Washington, March 12, 1885. 2. — Mr. Bayard to Mr. West, April 22, 1885, [Memorandum of April 22, 1885. — Personal.] Department of State, Washington, April 22, 1885. Dear Mr. West : I have on several occasions lately, in conversation, ac- quainted you with my interest in the fisheries memorandum which accompanied your personal letter of March 12. Several informal talks I have had with Sir Ambrose Shea have enabled me to formulate the views of this Government upon the proposition made in behalf of the Dominion and the Province of Newfoundland, and I take pleasure in handing you herewith a memorandum embodying the results. If this suits, I shall be happy to confirm the arrangement by an exchange of notes at your early convenience. I am, my dear Mr. West, very sincerely yours, T. F. Bayard. The Hon. L. S. Sackville West, &c. MEMORANDUM. The legislation passed by the Congress of the United States, act of March 1, 1873, for the execution of the fishery articles of the Treaty of Washington, has been repealed by the joint resolution of March 3, 1883, the repeal to take effect July 1, 1885. From that date the effects of the fisheries articles of the Treaty 731 j F of Washington absolutly determine, so far as their execution within the juris- k diction of the United States is concerned, and without new legislation by ' * Congress modifying or postponing that repeal the Executive is not constitu- tionally competent to extend the reciprocal fisheries provisions of the treaty I r beyond the 1st of July next, the date fixed by the action of Congress. I f Mr. West’s memorandum of March 12, 1885, suggests the mutual practical I ; convenience that would accrue from allowing the fishing ventures commenced I j prior to July 1, 1885, to continue until the end of the season for fishing of that i year, thus preventing their abrupt termination in the midst of fishing operations ■ on the 1st of July. f It has been, moreover, suggested on the part of the Province of Newfound- land and of the Dominion of Canada, that in view of the mutual benefit and i convenience of the present local traflic, consisting of the purchase of ice, bait, 9 wood, and general ship supplies by the citizens of the United States engaged in i fishing from the inhabitants of the British American fishing coast, the usual \ operations of the fishing season of 1885 should be continued by the fishing ' vessels belonging to citizens of the United States until the end of the season j of that year, and that the local authorities of Newfoundland and of the Dominion of Canada, in a spirit of amity and good neighborhood, should abstain f from molesting such fishermen or impeding their progress or their local traflic f with the inhabitants incidental to fishing during the remainder of the season of \ 1885, and all this with the understanding that the I’resident of the United States V would bring the whole question of the fisheries before Congress at its next V session in December, and recommend the appointment of a commission in which 4 the Governments of the United States and of Great Britain should be respec- tively represented, which commission should be charged with the consideration 1 and settlement, upon a just, equitable, and honorable basis, of the entire ques- tion of the fishing rights of the two Governments and their respective citizens ‘ on the coasts of the United States and British North America. The President of the United States would be prepared to recommend the , adoption of such action by Congress with the understanding that in view and in consideration of such promised recommeudation there would be no enforcement of restrictive and penal laws and regulations by the authorities of the Dominion of Canada or of the Province of Newfoundland, against the fishermen of the United States resorting to British-American waters between the 1st of July , next and the close of the present year’s fishing season; the mutual object and intent being to avoid any annoyance to the individuals engaged in this business and traffic, and the irritation or ill-feeling that might be engendered by a harsh or vexatious enforcement of stringent local regulations on the fishing coast pending an effort to have a just and amicable arrangement of an important and somewhat delicate question between the two nations. Public knowledge of this understanding and arrangement can be given by an exchange of notes between Mr. West and myself, which can be given to the press. 3. — Mr West’s memoranda of June 13, 18S5. [Memoranda.] It is proposed to state in notes according temporary arrangements respecting fisheries that an agreement has been arrived at under circumstances affording prospect of negotiation for development and extension of trade between the United States and British North America. The Government of Newfoundland do not make refunding of duties a con- dition of their acceptance of the proposed agreement, but they rely on it having due consideration before the international commission which may be appointed. 4. — Mr. Bayard to Mr. West, June 19, 1885. [Confidential.] Department of State, Washington, June 19, 1885. My Dear Mr. West : I assume that the two confidential memoranda you handed to me on the 13th instant embrace the acceptance by the Dominion and the British-American coast provinces of the general features of my memo- 732 TEEATIES, CONVENTIONS, ETC, randum of April 21, concerning a temporary arrangement respecting the fisher- ies, with the understanding expressed on their side that the “ agreement has been arrived at under circumstances affording prospect of negotiation for de- velopment and extension of trade between the United States and British North America.” To such a contingent understanding I can have no objection. Indeed, I re- gard it as covered by the statement in my memorandum of May 21, that the arrangement therein contemplated would be reached “ with the understanding that the President of the United States would bring the whole question of the fisheries before Congress at its next session in December, and recommend the appointment of a commission in which the Governments of the United States and of Great Britain should be respectively represented, which commission should be charged with the consideration and settlement, upon a just, equitable, and honorable basis, of the entire question of the fishing rights of the two Governments and their respective citizens on the coasts of the United States and British North America.” The equities of the question being before such a mixed commission would doubtless have the fullest latitude of expression and treatment on both sides; and the purpose in view being the maintenance of good neighborhood and iutei’- course between the two countries, the recommendation of any measures which the commission might deem necessary to attain those ends would seem to fall within its province, and such recommendations could not fail to receive attentive consideration. I am not, therefore, prepared to state limits to the proposals to be brought forward in the suggested commission on behalf of either party. I believe this statement will be satisfactory to you, and I should be pleased to be informed at the earliest day practicable of your acceptance of the under- standing on behalf of British North America ; and by this simple exchange of notes and memoranda the agreement will be completed in season to enable the President to make the result publicly known to the citizens engaged in the fishing on the British-Americau Atlantic coast. I have the honor to be, with the highest respect, sir, your obedient servant, T. F. BAYARD. The Hon. L. S. Sackville West. 5. — Mr. West to Mr. Bayard, June 20, 1S85. [Confidential.] British Legation, . Washington, June 20, 1885. My Dear Mr. Bayard : I beg to acknowledge the receipt of your confidential note of yesterday’s date, concerning the proposed temporary arrangement re- specting the fisheries, which I am authorized by Her Majesty’s Government to negotiate with you on behalf of the Government of the Dominion of Canada and the Government of Newfoundland, to be effected by an exchange of notes founded on your memorandum of the 21st of April last. The two confidential memoranda which I handed to you on the 13th instant con- tain, as you assume, the acceptance by the Dominion and the British-American coast provinces of the general features of your above-mentioned memorandum, with the understanding expressed on their side that the agreement has been arrived at under circumstances affording prospects of negotiation for the de- velopment and extension of ti’ade between the United States and British North America, a contingent understanding to which, as you state, you can have no objection, as you regard it as covered by the terms of your memorandum of April 21. In authorizing me to negotiate this agreement. Earl Granville states, as I have already had occasion to intimate to you, that it is on the distinct under- standing that it is a temporary one, and that its conclusion must not be held to prejudice any claim which may be advanced to more satisfactory equivalents by the colonial governments in the course of the negotiation for a more perma- nent settlement. Earl Granville further wishes me to tell you that Her Majesty’s Government and the colonial governments have consented to the ar- rangement, solely as a mark of good will to the Government and people of the United States, and to avoid difficulties which might be raised by the termina- tion of the fishery articles in the midst of a fishing season ; and also the ac- GREAT BRITAIN 1871. 733 ceptance of such a modus vivendi does not, by any implication, affect the value of the inshore fisheries by the Governments of Canada and Newfoundland. I had occasion to remark to you that while the colonial governments are asked to guarantee immunity from interference to American vessels resorting to Canadian waters, no such immunity is offered in your memorandum to Canadian vessels resorting to American waters, but that the Dominion Government pre- sumed that the agreement in this respect would be mutual. As you accepted this view, it would, I think, be as well that mention should be made to this effect in the notes. Under the reservations, as above indicated, in which I believe you acquiesce, I am prepared to accept the understanding on behalf of British North America, and to exchange notes in the above sense. I have the honor to be, With the highest respect, §ir, your obedient servant. L. S. Sackville West. Hon. T. F. Bayard, &c. 6. — Mr. Bayard to Mr. West, June 20, 18S5. Department of State, Washington, June 20, 1885. Sir : I have just received your note of to-day’s date in regard to the proposed temporary arrangement touching the fisheries. I'ndoubtedly it is our clear and mutual understanding that the arrangement now made is only temporary, and that it proceeds from the mutual good will of our respective Governments, and solely to avoid all difficulties which might otherwise arise from the termination of the fishing of 1885 in the midst of the season. I understand, also, that the same immunity which is accorded by this agree- ment to the vessels belonging to the citizens of the United States, engaged in fishing in fhe British-American waters, will be extended to British vessels and subjects engaged in fishing in the waters of the United States. Perceiving, therefore, no substantial difference between our respective propositions and these statements as contained in our correspondence on the subject, I shall consider the agreement as embodied in our memoranda and the correspondence between us and as thus concluded ; and public notification to that effect will be given in a few days by the President. I have the honor to be, with the highest consideration, sir, your obedient servant, T. F. Bayard. The Hon. L. S. Sackville West, &c. 7. — Mr. Bayard to Mr. West, June 22. 1885. Department of State, Washington, June 22, 1885. Sir: In compliance with your verbal request of this morning that I should restate part of my note to you of the 19th, I repeat that the arrangement, whereby a modus vh-endi on the fishing question has been reached, rests on the memoranda and correspondence exchanged; that your memorandum of the 13th instant expressed the understanding on your side that the “ agreement has been arrived at under circumstances affording prospect of negotiation for development and extension of trade between the United States and British North America ; ” that I not only had no objection to such an understanding, but, in fact, regarded it as amply embraced in our proposal to recommend a commission to deal with the whole subject in the interest of good neighborhood and intercourse, and that the recommendation of any measures which the com- mission might deem necessary to attain those ends would seem to fall within its province, and such recommendations could not fail to have attentive con- sideration. Having thus not only admitted the proviso of your memorandum in your own language, but gone still further and pointed out that no limits would be set, so far as I was concerned, to the proposals to be brought forward in the sug- gested commission on behalf of either party, I do not see how it is possible 734 TREATIES, CONVENTIONS, ETC, for me to give any stronger assurance that the understanding has “ been reached under circumstances affording a prospect of negotiation for the development and extension of trade between the United States and British America.” I have the honor to be, with the highest consideration, sir, T. F. Bayard. The Hon. L. S. Sackville West, &c. 8. — Mr. West to Mr. Bayard, June 22, 1885. Washington, June 22, 1885. Sir: I have the honor to acknowledge the receipt of your notes of the 20th and 22d instant in regard to the proposed temporary arrangement touching the fisheries, in which you state that it is our clear and mutual understanding that such arrangement is only temporary, and that it proceeds from the mutual good-will of our respective Governments, and solely to avoid all difficulties which might otherwise arise from the termination of the fishing of 1885 in the midst of the season. Also that the same immunity which is accorded by this Government to the vessels belonging to the citizens of the United States engaged in fishing in the British-American waters will be extended to British. A^essels and subjects engaged in fishing in the waters of the United States, and that the agreement has been reached under circumstances affording a prospect of negotiation for the development and extension of trade between the United States and British North America. As therefore there exists no substantial difference between our respective propositions and the statements as contained in our correspondence on the subject, I shall consider the agreement as embodied in our memoranda and the correspondence between us as thus concluded, and shall inform Her Majesty’s Government and the Governments of the Dominion of Canada and Newfound- land accordingly. I have the honor to be, with the highest consideration, sir, your obedient servant, L. S. Sackville West. Hon. T. F. Bayard, &c. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, A PROCLAMATION. Whereas the Treaty concluded between the United States of America and Her Majesty the Queen of Great Britain and Ireland, concluded at Washington on the 8th day of May, 1871, contains among other Articles the following, viz : “Article XVIII.” “ It is agreed by the High Contracting Parties that, in addition to the liberty secured to the United States fishermen by the Convention between the United States and Great Britain, signed at London on the 20th day of October, 1818, of taking, curing, and drying fish on certain coasts of the British North American Colonies therein defined, the inhabitants of the United States shall have in com- mon with the subjects of Her Britannic Majesty, the liberty, for the term of years mentioned in Article XXXIII of this Treaty, to take fish of every kind, except shell-fish, on the sea-coasts and shores, and in the bays, harbors, 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 permission to land upon the said coasts and shores and islands, and also upon the Magdalen Islands, for the purpose of drying their nets and curing their fish ; provided that in so doing, they do not interfere with the rights of private property, or with British fishermen, in the peaceable use of any part of the said coasts in their occupancy for the same purpose. “ It is understood that the above-mentioned liberty applies solely to the sea fishery, and that the salmon and shad fisheries, and all other fisheries in rivers and the mouths of rivers are hereby reserved exclusively for British fishermen,” GEEAT BRITAIN 1871. 735 “Article XIX.” “It is agreed by the High Contracting Parties that British subjects shall have, in common with the citizens of the United States, the liberty, for the term of years mentioned in Article XXXIII of this Treaty, 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, harbors, and creeks of the said sea-coasts and shores of the United States and of the said islands, without being restricted to any distance from the shore, with permission to land upon the said coasts of the United States and of the islands aforesaid, for the pur- pose 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 to the sea fishery, and that salmon and shad fisheries, and all other fisheries in rivers and mouths of rivers, are hereby reserved exclusively for fishermen of the United States.” “Article XX.” “ It is agreed that the places designated by the Commissioners appointed under the first Article of the Treaty between the United States and Great Britain, concluded at Washington on the 5th of June, 1854, upon the coasts of Her Britannic Majesty's Dominions and the United States, as places reserved from the common right of fishing under that Treaty, shall be regarded as in like manner reserved from the common right of fishing under the preceding articles. In case any question should arise between the Governments of the United States and of Her Britannic Majesty as to the common right of fishing in places not thus designated as reserved, it is agreed that a Commission shall be appointed to designate such places, and shall be constituted in the same manner, and have the same powers, duties, and authority as the Commission appointed under 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 the inland lakes, and of the rivers falling into them, and except fish preserved in oil,) being the produce of the fisheries of the United States, or of the Dominion of Canada, or of Prince Edward’s Island, shall be admitted into each country, respectively, free of duty.” “Article XXII.” “ Inasmuch as it is asserted by the Government of Her Britannic Majesty tlmt the privileges accorded to the citizens of the United States under Article XtTII of this Treaty are of greater value than those accorded by Articles XIX and XXI of this Treaty to the subjects of Her Britannic Majesty, and 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 Treaty, the amount of any compensation which, in their opinion, ought to be paid by the Government of the United States to the Government of Her Britannic Majesty in return for the privileges accorded to the citizens of the United States under Article XVIII of this Treaty; and that any sum of money which the said Commissioners may so award shall be paid by the United States 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 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 con- jointly; 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 736 TREATIES, CONVENTIONS, ETC, the third Commissioner shall be named by the Representative at London of His Majesty the Emperor of Austria and King of Hungary. In case of the death, absence, or incapacity of any Commissioner, or in the event of any Com- missioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefore provided for making the original appointment, 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 in the City of Halifax, in the Province of Nova Scotia, at the earliest convenient period after they have been respectively named, and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide the matters referred to them to the best of their judgment, and according to justice and equity; and such declaration shall be entered on the record of their proceedings. “ Each of the High Contracting Parties shall also name one person to attend the Commission as its agent, to represent it generally in all matters connected with the Commission.” “Article XXIV.” “ The proceedings shall be conducted in such order as the Commissioners appointed under Articles XXII and XXIII of this Treaty shall determine. They shall be bound to receive such oral or written testimony as either Gov- ernment may present. If either Party shall offer oral testimony, the other Party shall have the right of cross-examination, under such rules as the Com- missioners shall prescribe. “ If in the case submitted to the Commissioners either Party shall have specified or alluded to any report or document in its own exclusive possession, without annexing a copy, such Party shall be bound, if the other Party thinks proper to apply for it, to furnish that Party with a copy thereof; and either Party may call upon the other, through the 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 from the date of the organization of the Commission, and the Commissioners 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 contemplated in Article XXIII of this treaty.” “Article XXV.” “ The Commissioner shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof, and may appoint ami employ a secretary and any other necessary officer or officers to assist them in the transaction of the business which may come before them. “ Each of the High Contracting Parties shall pay its own Commissioner and agent or counsel ; all other expenses shall be defrayed by the two Governments in equal moieties.” “Article XXX.” “ It is agreed that, for the term of years mentioned in Article XXXIII of this Treaty, subjects of Her Britannic Majesty may carry in British vessels, without payment of duty, goods, wares, or merchandise from one port or place within the territory of the United States upon the St. Lawrence, the Great Lakes, and the rivers connecting the same, to another port or place within the territory of the United States as aforesaid : Provided, That a portion of such transiiortation 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 States vessels, without payment of duty, goods, wares, or merchandise from one port or jilace within the Possessions of Her 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. GREAT BRITAIN — 1871-18’77. 737 “ The Government of the United States further engages not to impose any export duties on goods, wares, or merchandise carried under this article through the territory of the United States; and Her Majesty’s Government engages to urge the Parliament of the Dominion of Canada and the Legislatures of the other colonies 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 carrying granted in favor of the subjects of Her Britannic Majesty under this article, in case the Dominion of Canada should at any time deprive the citizens of the United States of the use of the canals in the said Dominion on terms of equality with the inhabitants of the Dominion, as provided in Article XXVII.” “Abticle XXXII.” “ 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 to give it effect by either of the legislative bodies afore- said, shall not in any way impair any other articles of this Treaty.” And, whereas, pursuant to the provisions of Article XXXIII of said Treaty, due notice has been given to the Government of Her Britannic Majesty of the intention of the Government of the United States of America, to terminate the above recited Articles of the Treaty in question, on the 1st day of July, 1885; And, whereas, pursuant to the terms of said Treaty, and of the notice given thereunder by the Government of the United States of America to that of Her Britannic Majesty, the above recited articles of the Treaty of Washington, concluded May 8, 1871, will expire and terminate on the 1st day of July, 1885 ; Now, therefore, I, Chester A. Arthur, President of the United States of America, do hereby give public notice that Articles XVIII, XIX, XX, XXI, XXII, XXIH, XXIV, XXV, XXX, and XXXII, of the Treaty of Washington, concluded May 8, 1871, will expire and terminate on the 1st day of July, 1885, and all citizens of the United States are hereby w’arned that none of the privileges secured by the above recited articles of the Treaty in question will exist after the 1st day of July next; all American fishermen should govern themselves accordingly. Done at the City of Washington, this 31st day of January, in the year of Our Lord one thousand eight hundred and eighty-five, and of the Independence of the United States of America the one hundred and ninth. [SEAL.] Chesteb a. Abthub, By the President : Fbedk. T. Feelinghutsen, Secretafy of State. 1877. Declaration Atfording Reciprocal Protection to Trade-Marks. Concluded October 1877 ; ratification advised by the Senate May ^2, 1878; ratified by the President May 25\ 1878; no exchange of ratifications made; ^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 24449— VOL 1—10 47 738 TREATIES, CONVENTIONS, ETC. 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 have, in the dominions and possessions of the other, the same rights as belong to native subjects or citizens, or as are now granted or may hereafter be granted to the subjects and citizens 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 respective countries. In witness whereof the undersigned have signed the present decla- ration, and have affixed thereto the seal of their arms. Done at London, the twenty fourth day of October 1877. [seal.] Edwards Pierrepont [seal.] Derby 1888. Original Modus Vivendi Pending the Eattfication of the Treaty Concerning Fisheries. Signed February 15, 1888. PROTOCOL. The Treaty having been signed the British Plenipotentiaries desire to state that they have been considering the position which will be created by the immediate commencement of the fishing season before the Treaty can possibly be ratified by the Senate of the United States, by the Parliament of Canada, and the Legislature of Newfoundland. In the absence of such ratification the old conditions which have given rise to so much friction and irritation might be revived, and might interfere with the unprejudiced consideration of the Treaty by the legislative bodies concerned. Under these circumstances, and with the further object of affording evidence of their anxious desire to promote good feeling and to re- move all possible subjects of controversy, the British Plenipotentiaries are ready to make the following temporary arrangements for a period not exceeding two years, in order to afford a '"'‘modus vivendV pend- ing the ratification of the Treaty. 1. For a period not exceeding two years from the present date, the privilege of entering the bays and harbors of the Atlantic coasts of Canada and of Newfoundland shall be granted to United States fish- ing vessels by annual Licenses at a fee of $1^ per ton — for the follow- ing purposes: The purchase of bait, ice, seines, lines, and all other supplies and outfits. Transshipment of catch and shipping of crews. GKEAT BRITAIK — ^1888-1889. 739 2. If during the continuance of this arrangement, the United States should remove the duties on fish, fish oil, whale and seal oil (and their coverings, packages, &c.,) the said licenses shall be issued free of charge. 3. United States fishing vessels entering the bays and harbors of the Atlantic coasts of Canada or of Newfoundland for any of the four purposes mentioned in Article I. of the Convention of October 20, 1818, and not remaining therein more than twenty-four hours, shall not be required to enter or clear at the custom-house, providing that they do not communicate with the shore. 4. Forfeiture to be exacted only for the offences of fishing or pre- paring to fish in territorial waters. 5. This arrangement to take effect as soon as the necessary measures can be completed by the Colonial Authorities. Washington, February 15th, 1888. J Chamberlain L S Sackville West Charles Tupper PROTOCOL. The American Plenipotentiaries having received the communication of the British Plenipotentiaries of this date conveying their plan for the administration to be observed by the Governments of Canada and Newfoundland in respect of the Fisheries during the period which may be requisite for the consideration by the Senate of the Treaty this day signed, and the enactment of the legislation by the respective Governments therein proposed, desire to express their satisfaction with this manifestation of an intention on the part of the British Plenipotentiaries, by the means referred to, to maintain the relations of good neighborhood between the British Possessions in North America and the United States; and they will convey the communica- tion of the British Plenipotentiaries to the President of the United States, with a recommendation that the same may be by him made known to the Senate for its information, together with the Treaty, when the latter is submitted to that body for ratification. Washingon, February 15, 1888. T. F, Bayard William L Putnam James B. Angell 1889. June IJf.^ 1889. General Act, Between Great Britain, Germany and United States, for the Neutrality and Autonomous Government of Samoan Islands. (For text of this General Act see “ Samoan Islands,” page 1576.) 740 TREATIES, CONVENTIONS, ETC. 1889. Extradition Convention.® ® Concluded July 12, 1889; ratification advised hy the Senate with amendments February 18, 1890; ratified by the President Febi'uary 25, 1890; ratifications exchanged March 11, 1890; proclaimed March 25, 1890. Articles. I. Additional extraditable crimes. II. Political crimes. III. Prior offenses. IV. Delivery of articles seized. VI. Procedure. VII. Escaped convicts. VIII. No prior effect. IX. Ratification; duration, V. Crimes committed in other coun- tries. Whereas by the Tenth Article of the Treaty concluded between the United States of America and Her Britannic Majesty on the ninth day of August, 1842, provision is made for the extradition of persons charged with certain crimes; And Whereas it is now desired by the High Contracting Parties that the provisions of the said Article should embrace certain crimes not therein specified, and should extend to fugitives convicted of the crimes specified in the said Article and in this Convention ; The said High Contracting Parties have appointed as their Pleni- potentiaries to conclude a Convention for this purpose, that is to The President of the United States of America, James G. Blaine, Secretary of State of the United States; And Her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, Sir Julian Pauncefote, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Most Honorable Order of the Bath, and Envoy Extraordinary and Minister Plenipotentiary of Her Britannic Majesty to the United States; AVho, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and con- cluded the following Articles: Article I, The provisions of the said Tenth Article are hereby made applica- ble to the following additional crimes : 1. Manslaughter, when voluntary. 2. Counterfeiting or altering money; uttering or bringing into circulation counterfeit or altered money. “Federal cases: Bryaut v. U. S. (167 U. S., 104), Cosgrove v. Winney (174 U. S., 64), Rice v. Ames (ISO U. S., .371), Wright v. Henkel (190 U. S., 45), Pettit V. Walshe (194 U. S., -05), Barrington v. Missouri (205 U. S., 483), Col- lins V. O’Neill (214 U. S., 113), in re Breen (75 Fed. Rep., 458), in re Bryaut (80 Fed. Rep., 282), in re Taylor (118 Fed. Rep., 196), in re Wright (123 Fed. Rep., 263), in re Frank (107 Fed. Rep., 272), in re Walshe (125 Fed. Rep., 572), U. S. V. Piaza (133 Fed. Rep., 998), U. S. v. Greene (146 Fed. Rep., 766), ex parte Brown (148 Fed. Rep., 68), Greene v. U. S. (154 Fed. Rep., 401), and in re Mitchell (171 Fed. Rep., 189). ® See Supp. Extradition, pages 780 and 798. ' GEEAT BBITAIN — ^1889. 741 3. Embezzlement ; larceny ; receiving any money, valuable security, or other property, Imowing the same to have been embezzled, stolen, or fraudulently obtained. 4. Fraud a bailee, banker, agent, factor, trustee, or director or member or officer of any company, made criminal by the laws of both countries. 5. Perjury, or subornation of perjury. 6. Eape; abduction; child-stealing; kidnapping. 7. Burglary; house-bi'eaking or shop-breaking. 8. Piracy by the law of nations. 9. Eevolt, or conspiracy to revolt by two or more persons on board a ship on the high seas, against the authority of the master ; wrong- fully sinking or destroying a vessel at sea, or attempting to do so; assaults on board a ship on the high seas, with intent to do grievous bodily harm. 10. Crimes and offenses against the laws of both countries for the suppression of slavery and slave-trading. Extradition is also to take place for participation in any of the crimes mentioned in this Convention or in the aforesaid Tenth Ar- ticle, provided such participation be punishable by the laws of both countries. Article II. A fugitive criminal shall not be surrendered, if the offense in re- spect of which his surrender is demanded be one of a political charac- ter, or if he proves that the requisition for his surrender has in fact been made with a view to try or punish him for an offense of a politi- cal character. No person surrendered by either of the High Contracting Parties to the other shall be triable or tried, or be punished for any political crime or offense, or for any act connected therewith, committed pre- viously to his extradition. If any question shall arise as to whether a case comes within the provisions of this Article, the decision of the authorities of the gov- ernment in whose jurisdiction the fugitive shall be at the time shall be final. Article III. No person surrendered by or to either of the High Contracting Parties shall be triable or be tried for any crime or offense, com- mitted prior to his extradition, other than the offense for which he was surrendered, until he shall have had an opportunity of returning to the country from which he was surrendered. Article IV. All articles seized which were in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crimq or offence charged, or being material as evidence in making proof of the crime or offense, shall, so far as practicable, and if the competent authority of the State applied to for the extradi- tion has ordered the delivery thereof, be given up when the extra- dition takes place. Nevertheless, the rights of third parties with regard to the articles aforesaid shall be duly respected. 742 TKEATIES, CONVENTIONS, ETC. Article V. If the individual claimed by one of the two High Contracting Parties, in pursuance of the present Convention, should also be claimed by one or several other Powers on account of crimes or offenses committed within their respective jurisdictions, his extradi- tion shall be granted to that state whose demand is first received. The provisions of this Article, and also of Articles II to IV, in- clusive, of the present Convention, shall apply to surrender for offenses specified in the aforesaid Tenth Article, as well as to sur- render for offenses specified in this Convention. Article VI. The extradition of fugitives under the provisions of this Conven- tion and of the said Tenth Article shall be carried out in the United States and in Her Majesty’s dominions, respectively, in conformity with the laws regulating extradition for the time being in force in the surrendering State. Article VII. The provisions of the said Tenth Article and of this Convention shall apply to persons convicted of the crimes therein respectively named and specified, whose sentence therefor shall not have been executed. In case of a fugitive criminal alleged to have been convicted of the crime for which his surrender is asked, a copy of the record of the conviction and of the sentence of the court before which such convic- tion took place, duly authenticated, shall be produced, together with the evidence proving that the prisoner is the person to whom such sentence refers. Article VIII. The present Convention shall not apply to any of the crimes herein specified which shall have been committed, or to any conviction which shall have been pronounced, prior to the date at which the Convention shall come into force. Article IX. This Convention shall be ratified, and the ratifications shall be exchanged at London as soon as possible. It shall come into force ten days after its publication, in conformity with the forms prescribed by the laws of the High Contracting Parties, and shall continue in force until one or the other of the High Contracting Parties shall signify its wish to terminate it, and no longer. In witness whereof, the undersigned have signed the same and have affixed thereto their seals. Done in duplicate at the city of Washington, this twelfth day of July, 1889. [seal.] James G. Blaine, [seal.] Julian Pauncefote. GREAT BRITAIN 1889-1891. 743 1891. Claims Protocol. Concluded June 13, 1891. This protocol, in reference to arbitration of claims against Portugal, will be found under (Portugal) June 13, 1891, page 1460. 1891. Modus Vivendi Eespecting the Fur-Seal Fisheries in Behring Sea. Signed June 15, 1891 ; Proclaimed June 16, 1891. Articles. I. Prohibition by Great Britain. I III. Seizure of vessels. II. Prohibition by the United States. ] IV. Right of visit. agreejment between the government of the united states and the GOVERNMENT OF HER BRITANNIC MAJESTY FOR A MODUS VIVENDI IN RELATION TO THE FUR SEAL FISHERIES IN BEHRING SEA. For the purpose of avoiding irritating differences and with a view to promote the friendly, settlement of the questions pending between the two Governments touching their respective rights in Be&ing Sea, and for the preservation of the seal species, the following agreement is made without prejudice to the rights or claims of either party. I. Her Majesty’s Government will prohibit, until May next, seal killing in that part of Behring Sea lying eastward of the line of demarcation described in Article No. 1 of the Treaty of 1867 between the United States and Russia, and will promptly use its best efforts to ensure the observance of this prohibition by British subjects and vessels. II. The United States Government will prohibit seal killing for the same period in the same part of Behring Sea and on the shores and islands thereof, the property of the United States (in excess of 7,500 to be taken on the islands for the subsistence and care of the natives) and will promptly use its best efforts to ensure the observance of this prohibition by United States citizens and vessels. III. Every vessel or person offending against this prohibition in the said waters of Behring Sea outside of the ordinary territorial limits of the United States, may be seized and detained by the naval or other duly commissioned officers of either of the High Contracting Parties, but they shall be handed over as soon as practicable to the authorities of the nation to which they respectively belong, who shall alone have jurisdiction to try the offense and impose the penalties for the same. The witnesses and proofs necessary to establish the offense shall also be sent with them. 744 TEEATIES, CONVENTIONS, ETC. IV. In order to facilitate such proper inquiries as Her Majesty’s Government may desire to make, with a view to the presentation of the case of that government before arbitrators, and in expectation that an agreement for arbitration may be arrived at, it is agreed that suitable persons desi^ated by Great Britain will be permitted at any time, upon application, to visit or to remain upon the seal islands during the present sealing season for that purpose. Signed and sealed in duplicate at Washington, this fifteenth day of June 1891, on behalf of their respective Governments, by William F. Wharton, Acting Secretary of State of the United States, and Sir Julian Pauncefote, G. C. M. G., K. C. B., H. B. M. Envoy Extraor- dinary and Minister Plenipotentiary. William F. Wharton [seal.] Julian Pauncefote [seal.] 1891. Agreement Between the Secretary of State of the United States AND THE Envoy Extraordinary and Minister Plenipotentiary OF Great Britain on the Text of Articles for Insertion in the Bering Sea Arbitration Agreement. Signed Deceniber 18, 1891. The following is the text of Articles for insertion in the Behring Sea Arbitration Agreement as settled in the Diplomatic Correspond- ence between the Government of the United States and the Govern- ment of Great Britain : I. "What exclusive jurisdiction in the sea now known as the Behring’s Sea, and what exclusive rights in the seal fisheries therein, did Kussia assert and exercise prior and up to the time of the cession of Alaska to the United States ? II. How far were these claims of jurisdiction as to the seal fisheries recognized and conceded by Great Britain ? III. Was the body of water now known as the Behring’s Sea included in the phrase “ Pacific Ocean ”, as used in the Treaty of 1825 between Great Britain and Russia ; and what rights, if any, in the Behring’s Sea were held and exclusively exercised by Russia after said Treaty? IV. Did not all the rights of Russia as to jurisdiction, and as to the seal fisheries in Behring’s Sea east of the water boundary, in the Treaty between the United States and Russia of the 30th March, 1867, pass unimpaired to the United States under that Treaty ? GREAT BRITAIN — 1891. 745 V. Has the United States any right, and, if so, what right of protec- tion or property in the fur seals frequenting the islands of the United States in Behring Sea when such seals are found outside the ordinary three-mile limit? VI. If the determination of the foregoing questions as to the exclusive jurisdiction of the United States shall leave the subject in such posi- tion that the concurrence of Great Britain is necessary to the estab- lishment of Regulations for the proper protection and preservation of the fur seal in, or habitually resorting to, the Behring’s Sea, the Arbitrators shall then determine what concurrent Regulations outside the jurisdictional limits of the respective Governments are necessary, and over what waters such Regulations should extend, and to aid them in that determination the report of a Joint Commission to be appointed by the respective Governments shall be laid before them, with such other evidence as either Government may submit. The Contracting Powers furthermore agree to co-operate in secur- ing the adhesion of other Powers to such Regulations. VII. The respective Governments having found themselves unable to agree upon a reference which shall include the question of the liability of each for the injuries alleged to have been sustained by the other, or by its citizens, in connection with the claims presented and urged by it; and, being solicitous that this subordinate question should not interrupt or longer delay the submission and determination of the main questions, do agree that either may submit to the Arbitrators any question of fact involved in said claims and ask for a finding thereon, the question of the liability of either Government upon the facts found to be the subject of further negotiation. James G. Blaine 18 December 1891 Julian Pauncefote 18 Dec. 1891. The following is the text of the Behring’s Sea Joint Commission Agreement as settled in the Diplomatic Correspondence between the Government of the United States and the Government of Great Britain : Each Government shall appoint two Commissioners to investigate conjointly with the Commissioners of the other Government all the facts having relation to seal life in Behring’s Sea, and the measures necessary for its proper protection and preservation. The four Commissioners shall, so far as they may be able to agree, make a joint report to each of the two Governments, and they shall also report, either jointly or severally, to each Goverment on any points upon which they may be unable to agree. These reports shall not be made public until they shall be submitted to the Arbitrators, or it shall appear that the contingency of their being used by the Arbitrators cannot arise. James G. Blaine 18 December 1891 Julian Pauncefote 18 Dec. 1891. 746 TREATIES, CONVENTIONS, ETC. 1891. Copyright Proclamation. Note. — See copyright proclamation Belgium, France, Great Brit- ain and Switzerland, page 105. 1892. Convention Relating to Fur-Seals in Behring Sea. Concluded Fehruary 29, 1892 ; ratification advised hy Senate March 29, 1892; ratified by Presiuent April 22, 1892; ratifications ex- changed May 7, 1892; proclaimed May 9, 1892. Articles. I. Tribunal. II. Meeting; agent. III. Submission of case. IV. Procedure. V. Arguments. VI. Points for decision. VII. Regulations to preserve seals VIII. Liabilities for injuries. The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being desirous to provide for an amicable settlement of the questions which have arisen between their respective governments concerning the jurisdictional rights of the United States in the waters of Behring’s Sea, and con- cerning also the preservation of the fur-seal in, or habitually resort- ing to, the said Sea, and the rights of the citizens and subjects of either country as regards the taking of fur-seal in, or habitually re- sorting tOj the said waters, have resolved to submit to arbitration the questions involved, and to the end of concluding a convention for that purpose have appointed as their respective Plenipotentiaries: The President of the United States of America, James G. Blaine, Secretary of State of the United States ; and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir Julian Pauncefote, G. C. M. G., K. C. B., Her Majesty’s Envoy Extraordinary and Minister Plenipotentiary to the United States; Who, after having communicated to each other their respective full powers which were found to be in due and proper form, have agreed to and concluded the following articles. Article I. IX. Report. X. Expenses. XI. Decision. XII. Arbitration expenses. XIII. Record. XIV. Final settlement. XV. Ratification. The questions which have arisen between the Government of the United States and the Government of Her Britannic Majesty con- cerning the jurisdictional rights of the United States in the waters of Behring’s Sea, and concerning also the preservation of the fur-seal in, or habitually resorting to, the said Sea, and the rights of the GKEAT BEITAIN — ^1892. 747 citizens and subjects of either country as regards the taking of fur- seal in, or habitually resorting to, the said waters, shall be submitted to a tribunal of Arbitration, to be composed of seven Arbitrators, who shall be appointed in the following manner, that is to say : Two shall be named by the President of the United States; two shall be named by Her Britannic Majesty; His Excellency the President of the French Republic shall be jointly requested % the High Con- tracting Parties to name one; His Majesty the King of Italy shall be so requested to name one; and His Majesty the King of Sweden and Norway shall be so requested to name one. The seven Arbitra- tors to be so named shall be jurists of distinguished reputation in their respective countries ; and the selected Powers shall be requested to choose, if possible, jurists who are acquainted with the English language. In case of the death, absence or incapacity to serve of any or either of the said Arbitrators, or in the event of any or either of the said Arbitrators omitting or declining or ceasing to act as such, the Pres- ident of the United States, or Her Britannic Majesty, or His Excel- lency the President of the French Republic, or His Majesty the King of Italy, or His Majesty the King of Sweden and Norway, as the case may be, shall name, or shall be requested to name forthwith 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 receipt of the joint request from the High Contracting Parties of His Excellency the President of the French Republic, or His Majesty the King of Italy, or His Majesty the King of Sweden and Norway, to name an Arbitrator, either to fill the original appointment or to fill a vacancy as above provided, then in such case the appointment shall be made or the vacancy shall be filled in such manner as the High Contracting Parties shall agree. Article II. The Arbitrators shall meet at Paris within twenty days after the delivery of the counter cases mentioned in Article IV, and shall proceed impartially and carefully to examine and decide the ques- tions that have been or shall be laid before them as herein provided on the part of the Governments of the United States and Her Britannic Majesty respectively. All questions considered by the tribunal, including the final decision, shall be determined 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 all matters connected with the arbitration. Article III. The printed case of each of the two parties, accompanied by the documents, the official correspondence, and other evidence on which each relies, shall be delivered in duplicate to each of the Arbitrators and to the Agent of the other party as soon as may be after the appointment of the members of the tribunal, but within a period not exceeding four months from the date of the exchange of the ratifications of this treaty. 748 TREATIES, CONVENTIONS, ETC. Article IV. Within three months after the delivery on both sides of the 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, correspondence, and evidence, in reply to the case, documents, correspondence, and evidence so pre- sented by the other party. If, however, in consequence of the distance of the place from which the evidence to be presented is to be procured, either party shall, within thirty days after the receipt by its agent of the case of the other party, give notice to the other party that it requires addi- tional time for the delivery of such counter case, documents, corre- spondence and evidence, such additional time so indicated, liut not exceeding sixty days beyond the three months in this Article pro- vided, shall be allowed. If in the case submitted to the Arbitrators either party shall have specified or alluded to any report or document in its own exclusive possession, without annexing a copy, such party shall be bound, if the other party thinks proper to aj)ply 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 notice thereof within thirty days after delivery of the case ; and the original or copy so requested shall be delivered as soon as may be and within a period not exceeding forty days after receipt of notice. Aritcle V. It shall be the duty of the Agent of each party, within one month after the expiration of the time limited for the delivery of the coun- ter case on both sides, to deliver in duplicate to each of the said Arbitrators and to the agent of the other party a printed argument showing the points and referring to the evidence upon which his Government relies, and either party may also support the same before the Arbitrators by oral argument of counsel; and the Arbi- trators may, if they desire further 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. Article VI. In deciding the matter submitted to the Arbitrators, it is agreed that the following five points shall be submitted to them, in order that their awards shall embrace a distinct decision upon each of said five points, to wit: 1. What exclusive jurisdiction in the sea now known as the Behring’s Sea, and what exclusive rights in the seal fisheries therein, did Russia assert and exercise prior and up to the time of the cession of Alaska to the United States? 2. How far were these claims of jurisdiction as to the seal fisheries recognized and conceded by Great Britain? GREAT BRITAIN 1892. 749 3. Was the body of water now known as the Behring’s Sea included in the phrase “ Pacific Ocean ”, as used in the Treaty of 1825 between Great Britain and Eussia ; and what rights, if any, in the Behring’s Sea were held and exclusively exercised by Eussia after said Treaty? 4. Did not all the rights of Eussia as to jurisdiction, and as to the seal fisheries in Behring’s Sea east of the water boundary, in the Treaty between the United States and Eussia of the 30th March, 1867, pass unimpaired to the United States under that Treaty ? 5. Has the United States any right, and if so, what right of protec- tion or property in the fur-seals frequenting the islands of the United States in Behring Sea when such seals are found outside the ordinary three-mile limit? Article VII. If the determination of the foregoing questions as to the exclusive jurisdiction of the United States shall leave the subject in such posi- tion that the concurrence of Great Britain is necessary to the estab- lishment of Eegulations for the proper protection and preservation of the fur-seal in, or habitually resorting to, the Behring Sea, the Arbitrators shall then determine what concurrent Eegulations outside the jurisdictional limits of the respective Governments are necessary, and over what waters such Eegulations should extend, and to aid them in that determination the report of a Joint Commission to be appointed by the respective Governments shall be laid before them, with such other evidence as either Government may submit. The High Contracting Parties furthermore agree to cooperate in securing the adhesion of other Powers to such Eegulations. Article VIII. The High Contracting Parties having found themselves unable to agree upon a reference which shall include the question of the liability of each for the injuries alleged to have been sustained by the other, or by its citizens, in connection with the claims presented and urged by it; and, being solicitous that this subordinate question should not in- terrupt or longer delay the submission and determination of the main questions, do agree that either may submit to the Arbitrators any question of fact involved in said claims and ask for a finding thereon, the question of the liability of either Government upon the facts found to be the subject of further negotiation. Article IX. The High Contracting Parties have agreed to appoint two Commis- sioners on the part of each Government to make the joint investigation and report contemplated in the preceding Article VTI, and to include the terms of the said Agreement in the present Convention, to the end that the joint and several reports and recommendations of said Com- missioners may be in due form submitted to the Arbitrators should the contingency therefor arise, the said Agreement is accordingly herein included as follows: Each Government shall appoint two Commissioners to investigate conjointly with the Commissioners of the other Government all the facts having relation to seal life in Behring’s Sea, and the measures necessary for its proper protection and preservation. 750 TKEATIES, CONVENTIONS, ETC. The four Commissioners shall, so far as they may be able to agree, make a joint report to each of the two Governments, and they shall also report, either jointly or severally, to each Government on any points upon which they may be unable to agree. These reports shall not be made public until they shall be submitted to the Arbitrators, or it shall appear that the contingency of their being used by the Arbitrators can not arise. Article X. Each Government shall pay the expenses of its members of the Joint Commission in the investigation referred to in the preceding Article. Article XI. 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 by the Arbitrators who may assent to it. The decision shall be in duplicate, one copy whereof shall be de- livered to the Agent of the United States for his Government, and the other copy shall be delivered to the Agent of Great Britain for his Government. Article XII. Each Government shall pay its own Agent and provide for the proper remuneration of the counsel employed by it and of the Arbi- trators appointed by it, and for the expense of preparing and sub- mitting its case to the tribunal. All other expenses connected with the Arbitration shall be defrayed by the two Governments in equal moieties. Article XIII. The Arbitrators shall keep an accurate record of their proceedings, and may appoint and employ the necessary officers to assist them. Article XIV. The High Contracting Parties engage to consider the result of the proceedings of the tribunal of arbitration, as a full, perfect, and final settlement of all the questions referred to the Arbitrators. Article XV. The present treaty shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty; and the ratification 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 Pleniiiotentiaries, have signed this treaty and have hereunto affixed our seals. Done in duplicate at Washington the twenty-ninth day of Febru- ary, one thousand eight hundred and ninety-two. James G. Blaine [seal] Julian Paunceeote [seal] GEEAT BEITAIN 1892. 751 Award of the Tribunal of Arbitration Constituted under the Treaty Concluded at Washington, the 29'^^^ of February 1892, BETWEEN THE IJnITED StATES OF AmERICA AND HeR MaJESTY THE Queen of the United Kingdom of Great Britain and Ireland. Whereas by a Treaty between the United States of America and Great Britain, signed at Washington, February 29, 1892, the ratifica- tions of which by the Governments of the two Countries were ex- changed at London on May the 7^“, 1892, it was, amongst other things, agreed and concluded that the questions which had arisen between the Government of the United States of America and the Government of Her Britannic Majesty, concerning the jurisdictional rights of the United States in the waters of Behring’s Sea, and concerning also the preservation of the fur-seal in or habitually resorting to the said sea, and the rights of the citizens and subjects of either Country as regards the taking of fur-seals in or habitually resorting to the said waters, should be submitted to a Tribunal of Arbitration to be composed of seven Arbitrators, who should be appointed in the fol- lowing manner, that is to say : two should be named by the President of the United States ; two should be named by Her Britannic Majesty ; His Excellency the President of the French Republic should be jointly requested by the High Contracting Parties to name one; His Majesty the King of Italy should be so requested to name one; His Majesty the King of Sweden and Norway should be so requested to name one; the seven Arbitrators to be so named should be jurists of distinguished reputation in their respective Countries, and the se- lecting Powers should be requested to choose, if possible, jurists who are acquainted with the English language; And whereas it was further agreed by article II of the said Treaty that the Arbitrators should meet at Paris within twenty days after the delivery of the Counter-Cases mentioned in article IV, and should proceed impartially and carefully to examine and decide the questions which had been or should be laid before them as in the said Treaty provided on the part of the Governments of the United States and of Her Britannic Majesty respectively, and that all questions considered by the Tribunal, including the final decision, should be determined by a majority of all the Arbitrators; And whereas by article VI of the said Treaty, it was further pro- vided as follows : “ In deciding the matters submitted to the said “ Abritrators, it is agreed that the following five points shall be sub- “ mitted to them in order that their award shall embrace a distinct “ decision upon each of said five points, to wit : “ 1. What exclusive jurisdiction in the sea now known as the “ Behring’s Sea, and what exclusive rights in the seal fisheries therein^ “ did Russia assert and exercise prior and up to the time of the cession “ of Alaska to the United States? “ 2. How far were these claims of jurisdiction as to the seal fisheries “ recognized and conceded by Great Britain ? “ 3. Was the body of water now known as the Behring’s Sea in- “ eluded in the phrase Pacific Ocean^ as used in the Treaty of 1825 “ between Great Britain and Russia ; and what rights, if any, in the “ Behring’s Sea were held and exclusively exercised by Russia after “ said Treaty ? 752 TREATIES, CONVENTIONS, ETC. “ 4. Did not all the rights of Eussia as to jurisdiction and as to the “ seal fisheries in Behring’s Sea east of the water boundary, in the “ Treaty between the United States and Russia of the 30^*’ of March “ 1867, pass unimpaired to the United States under that treaty? “ 5. Has the United States any right, and if so, what right of pro- “ tection or property in the fur-seals frequenting the islands of the “ United States in Behring Sea when such seals are found outside the “ ordinary three-mile limit?” And whereas, by article VII of the said Treaty, it was further agreed as follows : “ If the determination of the foregoing questions as to the exclusive “ jurisdiction of the United States shall leave the subject in such posi- “ tion that the concurrence of Great Britain is necessary to the estab- “ lishment of Regulations for the proper protection and preservation “ of the fur-seal in, or habitually resorting to, the Behring Sea, the “ Arbitrators shall then determine what concurrent Regulations, out- “ side the jurisdictional limits of the respective Governments, are “ necessary, and over what waters such Regulations, should extend “ The High Contracting Parties furthermore agree to cooperate in “ securing the adhesion of other Powers to such Regulations;” And whereas, by article VIII of the said Treaty, after reciting that the High Contracting Parties had found themselves unable to agree upon a reference which should include the question of the liability of each for the injuries alleged to have been sustained by the other, or by its citizens, in connection with the claims presented and urged by it, and that “ they were solicitous that this subordinate question “ should not interrupt or longer delay the submission and determi- “ nation of the main questions ”, the High Contracting Parties agreed that “ either of them might submit to the Arbitrators any question of “ fact involved in said claims and ask for a finding thereon, the ques- “ tion of the liability of either Government upon the facts found, to “ be the subject of further negociation ;” And w’^hereas the President of the United States of America named The Honourable John M. Harlan, Justice of the Supreme Court of the United States, and the Honourable John T. Morgan, Senator of the United States, to be two of the said Arbitrators, and Her Britan- nic Majesty named The Right Honourable Lord Hannen and The Honourable Sir John Thompson, Minister of Justice and Attorney General for Canada, to be two of the said Ai-bitrators, and His Ex- cellency the President of the French Republic named the Baron de CouRCEL, Senator, Ambassador of France, to be one of the said Arbi- trators, and His Majesty the King of Italy named the Marquis Emilio Visconti Venosta, former Minister of Forei^i Affairs and Senator of the Kingdom of Italy, to be one of the said Arbitrators, and His Majesty the King of Sweden and Norway named Mr. Gregers Gram, Minister of State, to be one of the said Arbitrators; And whereas We, the said Arbitrators, so named and appointed, having taken upon ourselves the burden of the said Arbitration, and having duly met at Paris, proceeded impartially and carefully to ex- amine and decide all the questions submitted to us the said Arbi- trators, under the said Treaty, or laid before us as provided in the said Treaty on the part of the Governments of Her Britannic Majesty and the United States respectively; GREAT BRITAIN ^1892. 753 NOW WE, the said Arbitrators, having impartially and carefully examined the said questions, do in like manner by this our Award decide and determine the said questions in the manner following, that is to say, we decide and determine as to the five points mentioned in article VI as to which our Award is to embrace a distinct decision upon each of them: As to the first of the said five points. We, the said Baron de CouRCEL, ]Mr Justice Harlan, Lord Hannen, Sir John Thompson, Marquis Visconti Venosta and Mr Gregers Gram, being a majority of the said Arbitrators, do decide and determine as follows : By the Ukase of 1821, Russia claimed jurisdiction in the sea now known as the Behring’s Sea, to the extent of 100 Italian miles from the coasts and islands belonging to her, but, in the course of the nego- ciations which led to the conclusion of the Treaties of 1824 with the United States and of 1825 with Great Britain, Russia admitted that her jurisdiction in the said sea should be restricted to the reach of can- non shot from shore, and it appears that, from that time up to the time of the cession of Alaska to the United States, Russia never as- serted in fact or exercised any exclusive jurisdiction in Behring’s Sea or any exclusive rights in the seal fisheries therein beyond the ordi- nary limit of territorial waters. As to the second of the said five points. We, the said Baron de CouRCEL, Mr Justice Harlan, Lord Hannen, Sir John Thompson, Marquis Visconti Venosta and Mr Gregers Gram, being a majority of the said Arbitrators, do decide and determine that Great Britain did not recognize or concede any claim, upon the part of Russia, to exclusive jurisdiction as to the seal fisheries in Behring Sea, outside of ordinary territorial waters. As to the third of the said five points, as to so much thereof as requires us to decide whether the body of water now known as the Behring Sea was included in the phrase “ Pacific Ocean ” as used in the Treaty of 1825 between Great Britain and Russia, We, the said Arbitrators, do unanimously decide and determine that the body of water now known as the Behring Sea was included in the phrase “ Pacific Ocean ” as used in the said Treaty. And as to so much of the said third point as requires us to decide what rights, if any, in the Behring Sea were held and exclusively exercised by Russia after the said Treaty of 1825, We, the said Baron de Coijrcel, Mr. Justice Harlan, Lord Hannen, Sir John Thomp- son, Marquis Visconti Venosta and Mr. Gregers Gram, being a majority of the said Arbitrators, do decide and determine that no exclusive rights of jurisdiction in Behring Sea and no exclusive rights as to the seal fisheries therein, were held or exercised by Russia out- side of ordinary territorial waters after the Treaty of 1825. As to the fourth of the said five points. We, the said Arbitrators, do unanimously decide and determine that all the rights of Russia as to jurisdiction and as to the seal fisheries in Behring Sea, east of the water boundary, in the Treaty between the United States and Russia of the 30^^* March 1867, did pass unimpaired to the United States under the said Treaty. As to the fifth of the said five points. We, the said Baron de CouRCEL, Lord Hennen, Sir John Thompson, Marquis Visconti Venosta and M. Gregers Gram being a majority of the said arbi- 24449— VOL 1—10 48 754 TREATIES, CONVENTIONS, ETC. trators, do decide and determine that the United States has not any right of protection or property in the fur-seals frequenting the islands of the United States in Behring Sea, when such seals are fqund out- side the ordinary three-mile limit. And whereas the aforesaid determination of the foregoing ques- tions as to the exclusive jurisdiction of the United States mentioned in Article VI leaves the subject in such a position that the concurrence of Great Britain is necessary to the establishment of Regulations for the proper protection and preservation of the fur-seal in or habitually resorting to the Behring Sea, the Tribunal having decided by a ma- jority as to each Article of the folloAving Regulations, We, the said Baron de Courcel, Lord Hannen, Marquis Visconti Venosta, and Mr. Gregers Gram, assenting to the whole of the nine Articles of the following Regulations, and being a majority of the said Arbitrators, do decide and determine in the mode provided by the Treaty, that the following concurrent Regulations outside the jurisdictional limits of the respective Governments are necessary and that they should ex- tend over the waters hereinafter mentioned, that is to say : Article 1. The Governments of the United States and of Great Britain shall forbid their citizens and subjects respectively to kill, capture or pur- sue at any time and in any manner whatever, the animals commonly called fur seals, within a zone of sixty miles around the Pribilov Islands, inclusive of the territorial waters. The miles mentioned in the preceding paragraph are geographical miles, of sixty to a degree of latitude. Article 2. The two Governments shall forbid their citizens and subjects re- spectively to kill, capture or pursue, in any manner whatever, during the season extending, each year, from the 1®* of May to the of July, both inclusive, the fur seals on the high sea, in the part of the Pacific Ocean, inclusive of the Behring sea, which is situated to the North of the 35^’’ degree of North latitude, and eastward of the 180‘'' degree of longitude from Greenwich till it strikes the water boundary described in Article 1 of the Treaty of 1867 between the United States and Russia, and following that line up to Behring straits. Article 3. During the period of time and in the waters in which the fiv seal fishing is allowed, only sailing vessels shall be permitted to carry on or take part in fur-seal fishing operations. They will however be at liberty to avail themselves of the use of such canoes or undecked boats, propelled by paddles, oars, or sails, as are in common use as fishing boats. Article 4. Each sailing vessel authorised to fish for fur seals must be pro- vided with a special license issued for that purpose by its Government and shall be required to carry a distinguishing flag to be prescribed by its Govermnent. GEEAT BRITAIN — 1892. 755 Article 5. The masters of the vessels engaged in fur seal fishing shall enter accurately in their official log book the date and place of each fur seal fishing operation, and also the number and sex of the seals cajitured upon each day. These entries shall be communicated by each of the two Governments to the other at the end of each fishing season. Article 6. The use of nets, fire arms and explosives shall be forbidden in the fur seal fishing. This restriction shall not apply to shot guns when such fishing takes place outside of Behring’s sea, during the season when it may be lawfully carried on. Article 7. The two Governments shall take measures to control the fitness of the men authorized to engage in fur seal fishing; these men shall have been proved fit to handle with sufficient skill the weapons by means of which this fishing may be carried on. Article 8. The regulations contained in the preceding articles shall not apply to Indians dwelling on the coasts of the territory of the United States or of Great Britain, and carrying on fur seal fishing in canoes or undecked boats not transported by or used in connection with other vessels and propelled wholly by paddles, oars or sails and manned by not more than five persons each in the way hitherto practised by the Indians, provided such Indians are not in the employment of other persons and provided that, when so hunting in canoes or un- decked boats, they shall not hunt fur seals outside of territorial waters under contract for the delivery of the skins to any person. This exemption shall not be construed to affect the Municipal law of either country, nor shall it extend to the waters of Behring Sea or the waters of the Aleutian Passes. Nothing herein contained is intended to interfere with the em- ployment of Indians as hunters or otherwise in connection with fur sealing vessels as heretofore. Article 9. The concurrent regulations hereby determined with a view to the protection and preservation of the fur seals, shall remain in force until they have been, in whole or in part, abolished or modified by common agreement between the Governments of the United States and of Great Britain. The said concurrent regulations shall be submitted every five years to a new examination, so as to enable both interested Governments to consider whether, in the light of past experience, there is occasion for any modification thereof. And whereas the Government of Her Britannic Majesty did sub- mit to the Tribunal of Arbitration by article VIII of the said Treaty 756 TEEATIES, CONVENTIONS, ETC. certain questions of fact involved in the claims referred to in the said article VIII, and did also submit to us, the said Tribunal, a statement of the said facts, as follows, that is to say: ’‘'"Findings of fact proposed hy the Agent of Great Britain and ’‘'"agreed to as proved hy the Agent for the United States, and sub- mitted to the Trihuncd of Arbitration for its consideration^ “ 1. That the several searches and seizures, whether of ships or “goods, and the several arrests of masters and crews, respectively “ mentioned in the Schedule to the British Case, pages 1 to 60 inclu- “ sive, were made by the authority of the United States Government. “ The questions as to the value of the said vessels or their contents or “ either of them, and the question as to whether the vessels mentioned “ in the Schedule to the British Case, or any of them, were wholly or “ in part the actual property of citizens of the United States, have “been withdrawn from and have not been considered by the Tri- “ bunal, it being understood that it is open to the United States to “ raise these questions or any of them, if they think fit, in any future “negotiations as to the liability of the United States Government “ to pay the amounts mentioned in the Schedule to the British Case ; “ 2. That the seizures aforesaid, with the exception of the “ Path- “ finder ” seized at Neah-Bay, were made in Behring Sea at the “ distances from shore mentioned in the Schedule annexed hereto “ marked “ C ” ; “ 3. That the said several searches and seizures of vessels were “made by public armed vessels of the United States, the command- “ ers of which had, at the several times when they were made, from “ the Executive Department of the Government of the United States, “ instructions, a copy of one of which is annexed hereto, marked “A” “ and that the others were, in all substantial respects, the same : that “ in all the instances in which proceedings were had in the District “ Courts of the United States resulting in condemnation, such pro- “ ceedings were begun by the filing of libels, a copy of one of which “ is annexed hereto, marked “ B ”, and that the libels in the other “ proceedings were in all substantial respects the same : that the “ alleged acts or offences for which said several searches and seizures “ were made were in each case done or committed in Behring Sea “ at the distances from shore aforesaid ; and that in each case in “ which sentence of condemnation was passed, except in those cases “when the vessels were released after condemnation, the seizure was “adopted by the Government of the United States: and in those “ cases in which the vessels were released the seizure was made by “the authority the United States; that the said fines and imprison- “ ments Avere for alleged breaches of the municipal laws of the “ United States, which alleged breaches were whollj^ committed in “ Behring Sea at the distances from the shore aforesaid : “ 4. That the several orders mentioned in the Schedule annexed “ hereto and marked “ C ” warning vessels to leaA^e or not to enter “ Behring Sea were made by public armed vessels of the United States “ the commanders of which had, at the seA^eral times when they were “ given, like instructions as mentioned in finding 3, and that the ves- “ sels so warned Avere engaged in sealing or prosecuting voyages for “ that iDurpose, and that such action was adopted by the Government “ of the United States ; GBEAT BEITAIN — 1892. 757 “ 5. That the District courts of the United States in which any pro- “ ceedings were had or taken for the purpose of condemning any ves- “ sel seized as mentioned in the Schedule to the Case of Great Britain, “ pages 1 to 60, inclusive, had all the jurisdiction and powers of “ Courts of Admiralty, including the prize jurisdiction, but that in “ each case the sentence pronounced by the Court was based upon the “ grounds set forth in the libel “ Annex A. “ Teeasuey Depaetment, Office of the Seceetaey, “ Washington, April 21, 1886. “ Sie: “ Referring to Department letter of this date, directing you to proceed with “ the revenue-steamer Bear, under your command, to the seal Islands, etc., you “ are hereby clothed with full power to enforce the law contained in the pro- “ visions of Section 1956 of the United States’ Revised Statutes, and directed to “ seize all vessels and arrest and deliver to the proper authorities any or all “ persons whom you may detect violating the law referred to, after due notice “ shall have been given. “ You will also seize any liquors or fire-arms attempted to be introduced into “ the country without proper permit, under the provisions of Section 1955 of “ the Revised Statutes, and the Proclamation of the President dated 4*“ Febru- “ ary, 1870.” “ Respectfully yours,” “ Signed : C. S. Faiechild,” “ Acting Secretary." “ Captain M. A. Healy, “ Commanding Revenue-Steamer Bear, San-Francisco, California.” “ Annex B. “ In the District Court of the United States for the District of Alaska. August special term, 1886. “ To the Honourable Lafayette Dawson, “Judge of said District Court: “ The libel of information of M. D. Ball, Attorney for the United States for “ the District of Alaska, who prosecutes on behalf of said United States, and “ being present here in Court in his proper person, in the name and on behalf “ of the said United States, against the schooner Thornton, her tackle, apparel, “ boats, cargo, and furniture, and against all persons intervening for their “ interest therein, in a cause of forfeiture, alleges and informs as follows ; “ That Charles A. Abbey, an officer in the Revenue marine Service of the “ United States, and on special duty in the waters of the district of Alaska, “ heretofore, to wit, on the 1“' day of August, 1886, within the limits of Alaska “ Territory, and in the waters thereof, and within the civil and judicial district “ of Alaska, to wit, within the waters of that portion of Behring sea belonging “ to the said district, on waters navigable from the sea by vessels of 10 or “ more tons burden, seized the ship or vessel commonly called a schooner, the “ Thormton, her tackle, apparel, boats, cargo, and furniture, being the property “ of some person or persons to the said Attorney unknown, as forfeited to the “ United States, for the following causes : “ That the said vessel or schooner was found engaged in killing fur-seal “ within the limits of Alaska Territory, and in the waters thereof, in violation “ of section 1956 of the Revised Statutes of the United States. “ And the said Attorney saith that all and singular the premises are and were “ true, and within the Admiralty and maritime jurisdiction of this Court, and “ that by reason thereof, and by force of the Statutes of the United States in “ such cases made and provided, the afore-mentioned and described schooner “ or vessel, being a vessel of over 20 tons burden, her tackle, apparel, boats, “ cargo, and furniture, became and are forfeited to the use of the said United “ States, and that said schooner is now within the district aforesaid. “ Wherefore the said Attorney prays the usual process and monition of this “ honourable Court issue in this behalf, and that all persons interested in the “ before-mentioned and described schooner or vessel may be cited in general “ and special to answer the premises, and all due proceedings being had. that “ the said schooner or vessei, her tackle, apparel, boats, cargo, and furniture 758 TEEATIES, CONVENTIONS, ETC. “ may, for the cause aforesaid, and others appearing, be condemned by the “ definite sentence and decree of this honourable Court, as forfeited to the use “ of the said United States, according to the form of the Statute of the said “ United States in such cases made and provided. “ Signed : M. D. Ball, “ United States District Attorney for the District of Alaska. “ Annex C. “ The following Table shows the names of the British sealing-vessels seized “ or w'arned by United States revenue cruizers 1886-1890, and the approximate “ distance from land when seized. The distances assigned in the cases of the “ Carolena, Thornton and Onward are on the authority of U. S. Naval Com- “ mander Abbey ( see 50'“ Congress, 2°“' Session, Senate Executive Documents “ N° 106, pp. 20, 30, 40). The distances assigned in the cases of the Anna Beck, “ TF. P. Saytoard, Dolphin and Grace are on the authority of Captain Shepard “ U. S. R. M. (Blue Book, United States N" 2, 1890. — pp. 80-82. See Appendix, “vol. III.)” Name of vessel. Date of seizure. Approximate distance from land when seized. United States ves- sel making seizure. Carolena August 1 1880 75 miles Onward August 2 1 880 115 miles Favourite Anna Beck August 2 1886 July 2 1887 /Warned by Corwin in about Lame position as \ Onward. 66 miles W. P. Say ward... July 9 1887 July 12 1887 Grace July 17 1887 96 miles Ada August 25 1887 15 miles Bear. Triumph August 4 1887 July 31 18S9 Warned by Rush net to enter Behring Sea. July 29,1889 Triumph July 11 1889 July 11 1889 ... . Ordered out of Behring Sea by Rush. (?) As to position when warned. Ariel Kate July .30 1889 August 13 1889 July 15 1889 Ordered out of Behring Sea by Rush. Ditto. Pathfinder March 27 1890 Seized in Neah Baya Corwin. “ Neah Bay is in the State of AVashington, and the Pathfinder was seized there on charges made against her in the Behring Sea in the previous year. She was released two days later. And Avhereas the Government of Her Britannic Majesty did ask the said Arbitrators to find the said facts as set forth in the said statement, and whereas the Agent and Counsel for the United States Government thereupon in our presence informed us that the said statement of facts was sustained by the evidence, and that they had agreed with the Agent and Counsel for Her Britannic Majesty that We, the Arbitrators, if we should think fit so to do might find the said statement of facts to be true. Now, We, the said Arbitrators, do unanimously find the facts as set forth in the said statement to be true. And whereas each and every question which has been considered by the Tribunal has been determined by a majority of all the Arbi- trators; Now We, Baron de Courcel, Lord Hannen, Mr Justice Harlan, Sir John Thompson, Senator Morgan, the Marquis Visconti Ve- NOSTA and Mr Gregers Gram, the respective minorities not with- drawing their votes, do declare this to be the final Decision and Award in writing of this Tribunal in accordance with the Treaty. GREAT BRITAIN — 1892. Made in duplicate at Paris and signed by us the fifteenth day of August in the year 1893. And We do certify this English Version thereof to be true and accurate. • Alph. de Courcel John M. Harlan John T. Morgan Hannen Jno S D Thompson Visconti Venosta G. Gram. Declarations made by the Tribunal of Arbitration and Referred TO THE Governments of the United States and Great Britain for their Consideration. I The Arbitrators declare that the concurrent Regulations, as deter- mined upon by the Tribunal of Arbitration, by virtue of article VII of the Treaty of the 29“* of February 1892, being applicable to the high sea only, should, in their opinion, be supplemented by other Regulations applicable within the limits of the sovereignty of each of the two Powers interested and to be settled by their common agree- ment. II In view of the critical condition to which it appears certain that the race of fur-seals is now reduced in consequence of circumstances not fully known, the Arbitrators think fit to recommend both Govern- ments to come to an understanding in order to prohibit any killing of fur-seals, either on land or at sea, for a period of two or three years, or at least one year, subject to such exceptions as the two Governments might think proper to admit of. Such a measure might be recurred to at occasional intervals if found beneficial, III The Arbitrators declare moreover that, in their opinion, the carry- ing out of the Regulations determined upon by the Tribunal of Arbi- tration, should be assured by a system of stipulations and measures to be enacted by the two Powers; and that the Tribunal must, in con- sequence, leave it to the two Powers to decide upon the means for giving effect to the Regulations determined upon by it. We do certify this English version to be true and accurate and have signed the same at Paris this IS*** day of August 1893. Alph De Courcel John M. Harlan I approve declarations I & III Hannen I approve declarations I & III Jno S D Thompson John T. Morgan Visconti Venosta G. Gram. 760 TEEATIES, CONVENTIONS, ETC. 1892. Convention for the Renewal of the Existing Modus Vivendi IN Behring Sea. Concluded April 18, 1892; ratification advised hy the Senate April 19, 1892; ratified hy the President April 22, 1892; ratifications exchanged May 7, 1892; proclaimed May 9, 1892. Articles : I. Prohibition by Great Britain. II. Prohibition by United States. III. Seizure of vessels. IV. Right of visit. V. Arbitration. VI. Denunciation. Vll. Ratification. convention between the united STATES OF AMERICA AND GREAT BRITAIN FOE THE RENEWAL OF THE EXISTING “ MODUS VIVENDI IN Behring’s sea. Whereas by a Convention concluded between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, on the twenty -ninth day of February, one thousand eight hundred and ninety-two, the High Contracting Par- ties have agreed to submit to Arbitration, as therein stated, the ques- tions which have arisen between them concerning the jurisdictional rights of the United States in the waters of Behring’s Sea and con- cerning also the preservation of the fur-seal in, or habitually resort- ing to, the said sea, and the rights of the citizens and subjects of either country as regards the taking of fur-seal in, or habitually resorting to, the said waters; and whereas the High Contracting Parties, having differed as to what restrictive Regulations for seal-hunting are neces- sary, during the pendency of such Arbitration, have agreed to adjust such difference in manner hereinafter mentioned, and without preju- dice to the rights of either party : The said High Contracting Parties have appointed as their Pleni- potentiaries to conclude a Convention for this purpose, that is to say : The President of the United States of America, James G. Blaine, Secretary of State of the United States ; And Her Majesty the Queen of the United Kingdom of Great Brit- ain and Ireland, Sir Julian Pauncefote, Knight Grand Cross of the Most Distinguished Order of Saint INIichael and Saint George, Knight Commander of the Most Honourable Order of the Bath, and Envoy Extraordinary and Minister Plenipotentiary of Her Britannic Majesty to the United States; Who, after having communicated to each other their respective full powers, found in due and good form, have agreed upon and concluded the following Articles: Article I. Her Majesty’s Government will prohibit, during the pendency of the Arbitration, seal killing in that part of Behring Sea lying east- ward of the line of demarcation described in Article No. I of the Treaty GEEAT BKITAIN — 1892. 761 I of 1867 between the United States and Kussia, and will promptly use its best efforts to ensure the observance of this prohibition by British subjects and vessels. Article II. The United States Government will prohibit seal-killing for the same period in the same part of Behring’s Sea, and on the shores and islands thereof, the property of the United States (in excess of seven thousand five hundred to be taken on the islands for the sub- sistence of the Natives), and will promptly use its best efforts to ensure the observance of this prohibition by United States citizens and vessels. Article III. Every vessel or person offending against this prohibition in the said waters of Behring Sea outside of the ordinary territorial limits of the United States, may be seized and detained by the naval or other duly commissioned officers of either of the High Contracting Parties, but they shall be handed over as soon as practicable to the authorities of the Nation to which they respectively belong, who alone shall have jurisdiction to try the offence and impose the penalties for the same. The witnesses and proof necessary to establish the offence shall also be sent with them. Article IV. In order to facilitate such proper inquiries as Her Majesty’s Gov- ernment may desire to make with a view to the presentation of the case and arguments of that Government before the Arbitrators, it is agreed that suitable persons designated by Great Britain will be per- mitted at any time, upon application, to visit or remain upon the Seal Islands during the sealing season for that purpose. Article V. If the result of the Arbitration be to affirm the right of British Sealers to take seals in Behring Sea within the bounds claimed by the United States, under its purchase from Russia, then comjiensa- tion shall be made by the United States to Great Britain (for the use of her subjects) for abstaining from the exercise of that right during the pendency of the Arbitration upon the basis of such a regulated and limited catch or catches as in the opinion of the Arbitrators might have been taken without an undue diminution of the seal- herds; and, on the other hand, if the result of the Arbitration shall be to deny the right of British sealers to take seals within the said waters, then compensation shall be made by Great Britain to the United States (for itself, its citizens and lessees) for this agreement to limit the island catch to seven thousand five hundred a season, upon the basis of the difference between this number and such larger catch as in the opinion of the Arbitrators might have been taken without an undue diminution of the seal-herds. The amount awarded, if any, in either case shall be such as under all the circumstances is just and equitable, and shall be promptly paid. 762 TREATIES, CONVENTIONS, ETC. Article VI. This Convention may be denounced by either of the High Contract- ing Parties at any time after the thirty-first day of October, one thousand eight hundred and ninety-three, on giving to the other Party two months notice of its termination; and at the expiration of such notice the Convention shall cease to be in force. Article VII. The present Convention shall be duly 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 either at IVashington or at London as early as possible. In faith whereof. We, the respective Plenipotentiaries have signed this Convention and have hereunto affixed our Seals. Done in duplicate at Washington, this eighteenth day of April, one thousand eight hundred and ninety-two. James G. Blaine [seal] Julian Pauncefote [seal] 1892. Treaty for the Recovery of Deserters from Merchant Vessels. Concluded June 3, 189.3; ratification advised hy the Senate June 30, 1893; ratified hy the President July IJf,, 1892; ratifications ex- changed August i, 1892; 'proclaimed August 1, 1892. Aeticles. I. Arrests of deserting seamen. I III. Duration. II. Ratifications. I "Whereas the Governments of the United States of America and of Great Britain are desirous to make provision for the apprehension, recovery and restoration of iiersons who may desert from merchant vessels of their respective countries while in the ports of the other country, and to conclude a treaty for the above purpose, the Higli Contracting Parties have accordingly appointed as their PlenijDoten- tiaries to conclude the said treaty, that is to say: The President of the United States of America, James G. Blaine, Secretary of State of the United States ; and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir Julian Pauncefote, G. C. M. G.. K. C. B., 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 due and good form, have agreed upon the fol- lowing articles. Article I. The Consuls General, Consuls, Vice-Consuls and Consular Agents of either of the High Contracting Parties, residing in the dominions. GREAT BRITAIN 1892. 763 possessions or colonies of the other, shall have power to require from the proper authorities the assistance provided by law for the appre- hension, recovery and restoration of seamen who may desert from any ship belonging to a citizen or subject of their respective coun- tries, while in the ports of the other country. If, however, any such deserter shall have committed any crime or offence in the country where he is found, his surrender or restoration may be delayed until the proper tribunal before which the case shall be pending or may be cognizable, shall have pronounced its sentence and the sentence shall have been carried into effect. It is understood that the preceding stipulations shall not apply to the citizens or subjects of the country where the desertion shall take place. Article II. The present Treaty shall be ratified and the ratifications shall be exchanged at Washington or at London without delay. Article III. The present Treaty shall come into operation at the expiration of thirty days from the date of the exchange of ratifications. It shall remain in force for five years after that date and thereafter until terminated by a twelve months’ notice to be given by either High Contracting Party to the other. In faith whereof, we, the respective Plenipotentiaries have signed tliis Treaty and have hereunto affixed our Seals. Done in duplicate at Washington, this third day of June, one thousand oight hundred and ninety-two. James G. Blaine [seal.] Julian Pauncefote [seal.] 1892. Convention for Delimiting Boundaries not Permanently Marked. Concluded July 22^ 1892; ratification advised hy the Senate July 25, 1892; ratified hy the President July 29, 1892; ratifications ex- changed August 23, 1892; 'proclaimed August 26, 1892. Articles. I. Commissions to survey Alaskan boundary. II. Commission to mark the boundary in Passamaquoddy Bay. III. Ratification. The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being equally de- serious to provide for the removal of all possible cause of difference between their respective governments hereafter in regard to the delimitation of the existing boundary between the United States and Her Majesty’s possessions in North America in respect to such por- tions of said boundary as may not in fact have been permanently marked in virtue of treaties heretofore concluded; have resolved to conclude a Convention in furtherance of these ends, and for that purpose have appointed as their respective plenipotentiaries; 764 TREATIES, CONVENTIONS, ETC. The President of the United States, John W. Foster, Secretary of State of the United States, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, The Honorable Michael H. Herbert, Charge d’Affaires ad interim of Great Britain, Who, after having communicated to each other their respective full powers, which were found to be in due and proper form, have agreed to and concluded the following Articles : Article I. The High Contracting Parties agree that a coincident or joint survey (as may be found in practice most convenient) shall be made of the territory adjacent to that part of the boundary line of the United States of America and the Dominion of Canada dividing the Territory of Alaska from the Province of British Columbia and the Northwest Territory of Canada, from the latitude of 54° 40' North to the point where the said boundary line encounters the 141®*^ degree of longitude westward from the meridian of Greenwich, by Com- missions to be appointed severally by the High Contracting Parties, with a view to the ascertainment of the facts and data necessary to the permanent delimitation of said boundary line in accordance with the spirit and intent of the existing treaties in regard to it between Great Britain and Kussia and between the United States and Eussia. Application will be made without delay to the respective legislative bodies for the appropriations necessary for the prosecution of the survey, and the Commissions to be appointed by the two governments shall meet at Ottawa within two months after said appropriation shall have been made, and shall proceed as soon as practicable there after to the active discharge of their duties. The respective Commissions shall complete the survey and submit their final reports thereof within two years from the date of their first meeting. The Commissions shall, so far as they may be able to agree, make a joint report to each of the two governments, and they shall also re- port, either jointly or severally, to each government on any points upon which they may be unable to agree. Each government shall pay the expenses of the Commission ap- pointed by it. Each government engages to facilitate in every possible way any operations which, in pursuance of the plan to be agreed upon by the Commisions, may be conducted within its territory by the Commis- sion of the other. The High Contracting Parties agree that, as soon as practicable after the report or reports of the Commissions shall have been re- ceived, they will proceed to consider and establish the boundary line in question. Article II. The High Contracting Parties agree that the Governments of the United States and of Her Britannic Majesty in behalf of the Domin- ion of Canada shall, with as little delay as possible, appoint two Com- missioners, one to be named by each party,’ to determine upon a method of more accurately marking the boundary line between the two countries in the waters of Passamaquoddy Bay in front of and GREAT BRITAIN — ^1892-1894. 765 adjacent to Eastport, in the State of Maine, and to place buoys or fix such other boundary marks as they may determine to be necessary. Each government shall pay the expenses of its own Commissioner, and cost of marking the boundary in such manner as shall be deter- mined upon shall be defrayed by the High Contracting Parties in equal moieties. Article III. The present Convention shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty; and the ratifica- tions shall be exchanged at Washington within twelve months from the date hereof, or earlier if possible. In faith whereof we, the respective Plenipotentiaries, have signed this Convention and have hereunto affixed our seals. Done in duplicate at Washington the 22^ day of July one thou- sand eight hundred and ninety -two. John W. Foster. [seal.] Michael H Herbert [seal.] 1894. Convention Extending the Terms of the Alaskan Boundary Commissions. Concluded February 3^ 1891^; ratification advised by the Senate Feb- ruary 12, ISOlf.; ratified by the President February 16, 189.it.; ratifi- cations exchanged March 28, 189 It; proclaimed March 28, 189 1^. Articles. I. Term of commissions extended. | II. Ratification. The Governments of the United States of America and of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being credibly advised that the labors of the Commission organized pursuant to the Convention which was concluded between the High Contracting Parties at Washington, July 22, 1892, pro- viding for the delimitation of the existing boundary between the United States and Her Majesty’s possessions in North America in respect to such portions of said boundary line as may not in fact have been permanently marked in virtue of treaties heretofore con- cluded, can not be accomplished within the period of two years from the first meeting of the Commission as fixed by that Convention, have deemed it expedient to conclude a supplementary convention extending the term for a further period and for this purpose have named as their respective plenipotentiaries: The President of the United States, Walter Q. Gresham, Secretary of State of the United States, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, His Excellency Sir Julian Pauncefote, G. C. B., G. C. M. G., Ambassador Extraordinary and Plenipotentiary of Great Britain; "Who, after having communicated to each other their respective full powers which were found to be in due and proper form, have agreed upon the following articles: 766 TREATIES, CONVENTIONS, ETC. Article I. The third paragraph of Article I of the Convention of July 22, 1892, states that the respective Commissions shall complete the sur- vey and submit their final reports thereof within two years from the date of their first meeting. iTe Joint Commissioners held their first meeting November 28, 1892; hence the time allowed b}' that Conven- tion expires November 28, 1894. Believing it impossible to complete the required work within the specified period, the two Governments hereby mutually agree to extend the time to December 31, 1895. Article II. The present Convention shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty, and the ratifica- tions shall be exchanged at Washington at the earliest practicable date. In faith whereof we, the respective Plenipotentiaries, have signed this Convention and have hereunto affixed our seals. Done in duplicate at Washington, the 3"^ day of February, one thousand eight hundred and ninety-four. [seal.] W. Q. Gresham [seal.] Julian. Pauncefote 1896. Convention for the Settlement of Claims Presented bt Great Britain Against the United States in Virtue of the Conven- tion of February 19, 1892. Concluded February 8, 1896; ratification advised by the Senate^ with amendments^ Ayndl 15, 1896 ; ratified by the President April 23, 1896; ratifications exchanged June 3, 1896; proclaimed June 11, 1896. Akticles. I. Reference of claims. II. Commissioners; meeting. III. Examination; determination. IV. Secretary. V. Failure to agree. VI. Death of commissioner. VII. Remuneration of commissioners. Vm. Payment of award. IX. Ratification. Whereas by a 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 February 29, 1892, the questions which had arisen between their respective Governments concerning the jurisdictional rights of the United States in the waters of Beh- ring Sea, and concerning also the preservation of the fur-seal in, or habitually resorting to, the said Sea, and the rights of the citizens and subjects of either country as regards the taking of fur-seal in, or habitually resorting to, the said waters, were submitted to a Tribunal of Arbitration as therein constituted; And whereas the High Contracting Parties having found them- selves unable to agree upon a reference which should include the question of the liability of each for the injuries alleged to have been sustained by the other, or by its citizens, in connection with the claims presented and urged by it, did, by Article VIII of the said Treaty, agree that either party might submit to the Arbitrators any questions of fact involved in said claims and ask for a finding GREAT BRITAIN— 1896. 767 thereon, the question of the liability of either Government on the facts found to be the subject of further negotiation; And whereas the Agent of Great Britain did, in accordance with the provisions of said Article VIII, submit to the Tribunal of Arbi- tration certain findings of fact which were agreed to as proved the Agent of the United States, and the Arbitrators did unanimously find the facts so set forth to be true, as appears by the Award of the Tribunal rendered on the 15th day of August, 1893 ; And whereas in view of the said findings of fact and of the deci- sion of the Tribunal of Arbitration concerning the jurisdictional rights of the United States in Behring Sea and the right of protec- tion or property of the United States in the fur-seals frequenting the islands of the United States in Behring Sea, the Government of the United States is desirous that in so far as its liability is not already fixed and determined by the findings of fact and the decision of said Tribunal of Arbitration, the question of such liability should be definitely and fully settled and determined, and compensation made, for any injuries for which, in the contemplation of the Treaty aforesaid, and the award and findings of the Tribunal of Arbitration compensation may be due to Great Britain from the United States; And whereas it is claimed by Great Britain, though not admitted by the United States, that prior to the said award certain other claims against the United States accrued in favor of Great Britain on ac- count of seizures of or interference with the following named British sealing vessels, — to wit, the “ Wanderer,” the “ Winifred,” the “ Hen- rietta ” and the “ Oscar and Hattie,” and it is for the mutual interest and convenience of both the High Contracting Parties that the liability of the United States, if any, and the amount of compensa- tion to be paid, if any, in respect of such claims and each of them should also be determined under the provisions of this Convention — all claims by Great Britain under Article V of the Modus Vivendi of April 18, 1892, for the abstention from fishing of British sealers dur- ing the pendency of said arbitration having been definitely waived before the Tribunal of Arbitration ; The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, to the end of concluding a Convention for that purpose, have appointed as their respective Plenipotentiaries : The President of the United States, the Honorable Richard Olney, Secretary of State; and Her Majesty the Queen of the United King- dom of Great Britain and Ireland, the Right Honorable Sir Julian Pauncefote, G. C. B., G. C. M. G., Her Majesty’s Ambassador Ex- traordinary and Plenipotentiary to the United States; Who, after having communicated to each other their respective full powers, which were found in due and proper form, have agreed to and concluded the following Articles: Article I, The High Contracting Parties agree that all claims on account of injuries sustained by persons in whose behalf Gieat Britain is en- titled to claim compensation from the United States and arising by virtue of the Treaty aforesaid, the award and the findings of the said Tribunal of Arbitration, as also the additional claims specified in the 768 TREATIES, CONVENTIONS, ETC. 5th paragraph of the preamble hereto, shall be referred to two Com- missioners, one of whom shall be appointed by the President of the United States, and the other by her Britannic Majesty, and each ot whom shall be learned in the law. Appended to this Convention is a list of the claims intended to be referred. Article II. The two Commissioners shall meet at Victoria, in the Province of British Columbia, Canada, as soon as practicable after the exchange of the ratifications of this Convention, and, after taking an oath that they will fairly and impartially investigate the claims referred to them and render a just decision thereon, they shall proceed jointly to the discharge of their duties. The Commission shall also sit at San Francisco, California, as well as Victoria, provided either Commissioner shall so request if he shall be of opinion that the interests of justice shall so require, for reasons to be recorded on the minutes. Article III. The said Commissioners shall determine the liability of the United States, if any, in respect of each claim and assess the amount of com- pensation, if any, to be paid on account thereof — so far as they shall be able to agree thereon — and their decision shall be accepted by the two Governments as final. They shall be authorized to hear and examine, on oath or affirma- tion, which each of said Commissioners is hereby empowered to ad- minister or receive, every question of fact not found by the Tribunal of Arbitration, and to receive all suitable authentic testimony con- cerning the same; and the Government of the United States shall have the right to raise the question of its liability before the Commis- sioners in any case where it shall be proved that the vessel was wholly or in part the actual property of a citizen of the United States. The said Commission, when sitting at San Francisco or Victoria, shall have and exercise all such powers for the procurement or en- forcement of testimony as may hereafter be provided by appropriate legislation. Article IV. The Commissioners may appoint a Secretary and a clerk or clerks to assist them in the transaction of the business of the Commission. Article V. In the cases, if any, in which the Commissioners shall fail to agree, they shall transmit to each Government a joint report stating in de- tail the points on which they differ, and the grounds on which their opinions have been formed ; and any such difference shall be referred for final adjustment to an Umpire to be appointed by the two Gov- ernments jointly, or, in case of disagreement, to be nominated by the President of the Swiss Confederation at the request of the two Gov- ernments. Article VI. In case of the death, or incapacity to serve, from sickness or any other cause, of either of the two Commissioners, or of the Umpire, if any, his place shall be filled in the manner herein provided for the original appointment. GKEAT BRITAIN 1896. 769 Article VII. Each Government shall provide for the remuneration of the Com- missioner appointed by it. The remuneration of the Umpire, if one should be appointed, and all contingent and incidental expenses of the Commission, or of the Umpire, shall be defrayed by the two Governments in equal moieties. Article VIII. The amount awarded to Great Britain under this Convention on account of any claimant shall be paid by the Government of the United States to the Government of Her Britannic Majesty within six months after the amount thereof shall have been finally ascertained. Article IX. The present convention shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty; and the ratifica- tions 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 Convention and have hereunto affixed our seals. Done in duplicate at Washington, the eighth day of February, 1896. Eichard Olney [seal] Julian Pauncefote [seal] Appendix of Claims. Claims submitted to the Tribunal of Arbitration at Paris. Name oi vessel. Date of seiz- ure. Approximate distance from land when seized. United States ves- sel making seizure. Carolina Aug. 1,1886 Aug. 1,1886 Aug. 2, 1886 Aug. 2, 1886 75 miles Thornton 70 miles 115 miles Favorite Warned by Corwin in about same position as Onward. Anna Beck ‘ July 2, 1887 July 9,1887 July 12,1887 July 17,1887 Aug. 10,1887 Aug. 25,1887 Aug. 4, 1887 66 miles 59 miles Dolphin 40 miles Grace 96 miles Alfred Adams 62 miles Ada 15 miles Bear. Triumph Warned by Rush not to enter Behring Sea. Juanita July 31,1889 July 29,1889 July 11,1889 66 miles Pathfinder Push Triumph Ordered out of Behring Sea by Rush— Query as to position Black Diamond July 11,1889 Aug. 6, 1889 July 30,1889 Aug. 13,1889 July 15,1889 Mar. 27,1890 when warned. 35 miles Lily 66 miles Ariel Kate Ordered out of Behring Sea by Rush. Minnie 65 miles Pathfinder Corwin. Personal Claims 1886. Personal Claims 1887. Costs in Sayward Case. ADDITIONAL CLAIMS. Wanderer 1887-89. Winifred 1891. Henrietta 1892. Oscar and Hattie 1892. 24449— VOL 1—10 49 770 TREATIES, CONVENTIONS, ETC. The commissioners under the foregoing convention, on Dec. 17, 1897 rendered an award of $473,151.26 against the United States. 1898. Protocol of the Conferences at Washington in May, 1898, Preliminary to the Appointment of a Joint Commission for THE Adjustment of Questions at Issue between the United States and Great Britain, in respect to the Relations of the Former with the Dominion of Canada. At the first meeting of the conferees, held on the 25th day of May, were present : On the part of Great Britain, His Excellency The Right Honorable Sir Julian Pauncefote, G. C. B., G. C. M. G., Her Britannic Majesty’s ambassador at Washington, etc., and the Honorable Sir Louis Davies, K. C. M. G., minister of marine and fisheries of the Dominion of Canada; and On the part of the United States, the Honorable John W. Foster, late Secretary of State of the United States, etc., and the Honorable John A. Kasson, special commissioner plenipotentiary, etc. At this meeting the conferees considered and adojited the following declaration : There is concurrence of views on both sides upon the following points : I. It is desirable that all controversies between the United States and Great Britain in respect to the Dominion of Canada should be amicably settled, to the end that their intercourse shall be established and maintained on the principles of a cordial friendship between coterminous neighbors. II- To accomplish this result it is expedient that each should communi- cate to the other, in outline, the modification of existing conditions, the concessions or adjustments which it believes ought to be made for the removal of grievances and for the improvement of its commercial or international relations with the other. III. That for the final consideration and adjustment of the questions so presented a joint commission, to consist of members, to be appointed by each of the Governments, should be created with pleni- potentiary powers, whose conclusions shall be presented in the form of a convention or conventions between the two Governments. IV. In the meantime it is expedient that informal 'pour parlors should proceed, with a view to formulate the propositions to serve as bases GREAT BRITAIN 1898. 771 for the consideration and determination of the commission to be appointed as above suggested. At the second meeting, held on the 26th day of May, the same con- ferees being present, the subjects which should be presented for the consideration and action of the projiosed joint commission were pre- sented and discussed. The number of members of which the commis- sion should consist, and the place where the sessions of the commission should be held, were also considered. The conferees on the part of the United States expressed their desire to consult the wishes of the Canadian government in respect to the place of meeting of the commission, and would not object to a convenient point in Canada, if this should be more agreeable to that government. They further expressed the opinion that in view of the number and character of the questions before the commission, it should be com- posed of five representatives of each government. The conferees on the part of Great Britain were apiirehensive that so large a number might be conducive to debate and delay rather than to deliberation and decision. Without concluding the consideration of the foregoing subjects, the meeting was adjourned until Friday, the 27th. At the third meeting, held on Friday, May 27, the same conferees being present, the subjects d-iscussed at the previous meeting were again under consideration, and the following statement of the subjects to be presented for the action of the joint commission Avas agreed upon : In order to attain a complete concord in the relations between the United States and the Dominion of Canada, it is expedient to come to an agreement upon the following subjects: First. The questions in respect to the fur seals in Bering Sea and the waters of the North Pacific Ocean. Second. Provisions in respect to the fisheries off the Atlantic and Pacific coasts and in the inland waters of their common frontier. Third. Provisions for the delimitation and establishment of the Alaska-Canadian boundary by legal and scientific experts if the com- mission shall so decide, or otherwise. Fourth. Provisions for the transit of merchandise in transportation to or from either country across intermediate territory of the other, whether by land or water, including natural and artificial waterways and intermediate transit by sea. Fifth. Provisions relating to the transit of merchandise from one country to be delivered at points in the other beyond the frontier. Sixth. The question of the alien-labor laws applicable to the sub- jects or citizens of the United States and of Canada. Seventh. Mining rights of the citizens or subjects of each country within the territory of the other. Eighth. Such readjustment and concessions as may be deemed mutually advantageous, of customs duties applicable in each country to the products of the soil or industry of the other, upon the basis of reciprocal equivalents. Ninth. A revision of the agreement of 1817 respecting naval vessels on the Lakes. 772 TREATIES, CONVENTIONS, ETC. Tenth. Arrangements for the more complete definition and marking of any part of the frontier line, by land or water, where the same is now so insufficiently defined or marked as to be liable to dispute. Eleventh. Provisions for the conveyance for trial or punishment of persons in the lawful custody of the officers of one country through the territory of the other. Any other unsettled difference not included in the foregoing specifi- cations may be considered and acted upon by mutual agreement of the commissioners representing the two Governments. It was also understood that, so far as j^racticable and in accordance with the second paragraph of the declaration adopted at the first meet- ing, each Government should communicate to the other in advance of the meeting of the commission a memorandum of its views on each of the aforesaid subjects. There was also a concurrence of opinion that each Government should defray the expenses of its own commissioners, and that any joint expenses incurred by order of the joint commission, and so certi- fied, should be paid in equal moieties by the respective Governments. And that the joint commission, when assembled, should be author- ized to determine from time to time, in its discretion, the dates and places of its sessions. The meeting was then adjourned until Saturday, the 28th. At the fourth meeting, held on Saturday, May 28, the same con- ferees being present, upon the suggestion of Sir Louis Davies, the third clause in the statement of subjects to be submitted to the pro- posed commission, and relating to the Alaska-Canadian boundary, was amended by adding the following words at the end thereof : “ by legal and scientific experts, if the commission shall so decide, or otherwise.” In that connection it was remarked by the conferees on the part of the United States that in their opinion the power of the commission to consider this method of adjustment already existed in the former terms, and that this addition neither enlarged nor restricted the powers already granted. They had, therefore, no objection to the amendment. It was further agreed that each Government would have the power at any time after the appointment of its commissioners to fill any vacancy in its representation arising from any cause. The British conferees desiring time to consult their Government touching the number of commissioners, and the time and place for the first meeting of the joint commission, it was agreed that these points should be settled by subsequent correspondence between the two Governments. In the meantime the conferees of the United States concurred in the suggestion of the British conferees that Quebec might be named as a suitable city for the assembling of the commission. The conference then adjourned until Monday, Alay 30. At the fifth meeting, held on Monday, May 30, the same conferees being present, Sir Louis Davies renewed the question which had been mentioned at the meeting on Saturday of submitting to the proposed GREAT BRITAIN 1898. 773 commission the subject of reciprocity in wrecking and salvage rights and in the coasting trade, and urged, in accordance with instructions from the Canadian government, that they should be specifically re- ferred for consideration to the proposed commission. In reply, it was stated by the conferees on the part of the United States that in respect to wrecking they regarded that question as an “ unsettled difference,” which had been already discussed between the two Governments, and that it could properly come before the commission. Thereupon it was distinctly understood by the conferees that the question of reciprocity in wrecking and salvage rights should be sub- mitted to the proposed joint commission. In resiiect to the coasting trade, the conferees on the part of the United States observed that this could hardly be considered a ques- tion in difference between the two Governments. Under existing in- structions from their Government they did not feel at liberty to in- clude it within the jurisdiction conferred upon the joint commission. Having concluded the subjects before them for consideration, the conference then adjourned without date. In verification of the foregoing protocol of their proceedings and conclusions, the conferees aforesaid have hereunto affixed their names in duplicate this 30th day of May, 1898, under reserve of the approval of their respective Governments. John A. Kasson. John W. Foster. Julian Pauncefote. L. H. Davies. Pursuant to the above protocol, the following commissioners were appointed, namely, Messrs. Charles W. Fairbanks, George Gray, Nelson Dingley, John W. Foster, John A. Kasson, T. Jefferson Coolidge, and Charles J. Faulkner ® on the part of the United States; and Baron Herschell, Sir Wilfred Laurier, Sir Rich- ard Cartwright, Sir Louis Davies, Hon. John Charlton, and Hon. James Winter, on the part of Great Britain. The convention met at Quebec, August 23, 1898. President McKinley, in his annual message of 1899, said, “ Much progress had been made by the commission toward the adjustment of many of these questions, when it became apparent that an irreconcilable difference of views was enter- tained respecting the delimitations of the Alaskan boundary. In the failure of an agreement ^is to the meaning of articles 3 and 4 of the treaty of 1825 be- tween Russia and Great Britain, which defined the boundary between Alaska and Canada, the American commissioners proposed that the subject of the boundary be laid aside and that the remaining questions of difference be pro- ceeded with, some of which were so far advanced as to assure the probability of a settlement. This being declined, by the British commissioner, an adjourn- ment was taken until the boundary should be adjusted by the two Gov ernments.” Appointed to fill the vacancy created by the resignation of Hon. George Gray. 774 TREATIES, CONVENTIONS, ETC. 1899.“ Convention as to Tenure and Disposition of Real and Personal Property. Concluded March 2, 1899 ; ratification advised hy the Senate March 22, 1900; ratified hy the President July 16, 1900; ratifications ex- changed July 28, 1900; froclaimed August 6, 1900. Articles. I. Disposition of real property. II. Disposition of personal property. III. Decease of property holder. IV. Not applicable to colonies or pos- sessions. V. Most-favored-nation treatment. VI. Duration. VII. Ratification. Accession of Colonies of Great Britain to convention. The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, desiring to improve the condition of the citizens and subjects of each of the respective countries in relation to the tenure and disposition of real and per- sonal property situated or being within the territories of the other, as well as to authorize the representation of deceased persons by the Consuls of their respective nations in the settlement of estates, have resolved to conclude a convention for those purposes and have named as their plenipotentiaries: The President of the United States of America, the Honorable John Hay, Secretary of State of the United States of America ; and Her -Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honorable Sir Julian Pauncefote, Knight Grand Cross of the Order of the Bath and of St. Michael and St. George. Ambassador Extraordinary and Plenipotentiary of Great Britain; Who, having exchanged their said full powers, found in due and proper form, have agreed to and signed the following articles : Article I. Where, on the death of any person holding real property (or prop- erty not personal), within the territories of one of the Contracting Parties, such real property would, by the laws of the land, pass to a citizen 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 three years in wliich to sell the same, this term to be reasonably prolonged if circumstances render it nec- essary, and to withdraw the proceeds thereof, without restraint or interference, and exempt from any succession, probate or adminis- trative duties or charges other than those which may be imposed in like cases upon the citizens or subjects of the country from which such proceeds may be drawn. Article II. The citizens or subjects of each of the Contracting Parties shall have full power to dispose of their personal property within the ter- ritories of the other, by testament, donation, or othei’wise; and their See Supplementary Convention, page 776. GREAT BRITAIN 1899. 775 heirs, legatees, and donees, being citizens or subjects of the other Contracting Party, whether resident or non-resident, 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 citizens or subjects of the country where the property lies shall be liable to pay in like cases. Article III. In case of the death of any citizen of the United States of America in the United Kingdom of Great Britain and Ireland, or of any sub- ject of Her Britannic Majesty in the United States, without having in the country of his decease any known heirs or testamentary ex- ecutors by him appointed, the competent local authoi’ities shall at once inform the nearest consular officer of the Nation to which the deceased person belonged of the circumstance, in order that the necessary information may be immediately forwarded to persons interested. The said consular officer shall have the right to appear personally 01’ by delegate in all proceedings on behalf of the absent heirs or creditors, until they are otherwise represented. Article IV. The stipulations of the present Convention shall not be applicable to any of the Colonies or foreign possessions of Her Britannic Maj- esty unless notice to that effect shall have been given, on behalf of any such Colony or foreign possession by Her Britannic Majesty’s Kepresentative at Washington to the United States Secretary of State, within one year from the date of the exchange of the ratifica- tions of the present Convention. It is understood that under the provisions of this Article, Her Majesty can in the same manner give notice of adhesion on behalf of any British Protectorate or sphere of influence, or on behalf of the Island of Cyprus, in virtue of the Convention of the 4th of June, 1878, between Great Britain and Turkey. The provisions of this Convention shall extend and apply to any territory or territories pertaining to or occupied and governed by the United States beyond the seas, only upon notice to that effect being given by the Kepresentative of the United States at London, by direc- tion of the treaty making power of the United States. Article V. In all that concerns the right of disposing of every kind of prop- erty, real or personal, citizens or subjects of each of the High Con- tracting Parties shall in the Dominions of the other enjoy the rights which are or may be accorded to the citizens or subjects of the most favored nation. Article VT. I'he present Convention shall come into effect ten days after the day upon which the ratifications are exchanged, and shall remain in 776 TREATIES, CONVENTIONS, ETC. force for ten years after such exchange. In case neither- of the High Contracting Parties shall have given notice to the other, twelve months before the expiration of the said period of ten years, of the intention to terminate the present Convention, it shall remain in force until the expiration of one year from the day on which either of the High Contracting Parties shall have given such notice. The United States or Her Britannic Majesty shall also have the right separately to terminate the present Convention at any time on giving twelve months’ notice to that effect in regard to any British Colony, foreign possession, or dependency, as specified in Article IV, which may have acceded thereto. Article VII. The present Convention shall be duly ratified by the President of the United States, by and with the approval of the Senate thereof, and by Her Britannic Majesty, and the ratifications shall be ex- changed in London or in Washington. In faith whereof, we the respective Plenipotentiaries, have signed this Treaty and have hereunto affixed our seals. Done in duplicate at Washington, the second day of March, one thousand eight hundred and ninety-nine. John Hay [seal.] Julian Pauncefote [seal.] 1902. Supplementary Convention as to Tenure and Disposition of Real and Personal Property. C oncluded Janvary 13^ 1902; rati-fication advised hy Senate February 17, 1902; ratified hy the President March 7, 1902; ratifications exchanged April 2, 1902; proclaimed April 2, 1902. The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, finding it expedient to prolong for a period of twelve months the time fixed by Article IV of the Convention relative to the disposal of real and personal projierty, signed at Washington on the 2nd day of March, 1899, for the notification of their accession to that Convention by His Britan- nic Majesty’s Colonies or Foreign Possessions, have agreed to con- clude an additional Convention for that purpose, and have named as their plenijiotentiaries : The President of the United States of America, the Honorable John Hay, Secretary of State of the United States of America ; and His Majesty the King of Great Britain and Ireland, and of the British Dominions beyond the Seas, Emperor of India, The Right Honorable Lord Pauncefote, of Preston, G. C. B., G. C. M. G., His Majesty’s Ambassador Extraordinary and Plenipotentiary to the United States; who, having communicated to each other their Full Powers, which were found to be in due and proper form, have agi'eed upon the following sole Article: GKEAT BRITAIN — 1902-1899. ' 777 SOLE ARTICLE. It is agreed that the time fixed in Article IV of the said Con- vention, within which the accessions thereto of His Britannic Majesty’s Colonies or Foreign Possessions shall be notified, shall be prolonged for a period of twelve months from July 28th 1901. In faith whereof the respective plenipotentiaries have signed this Convention and hereunto affixed their seals. Done in duplicate at Washington, the 13th day of January, in the year of Our Lord one thousand nine hundred and two. John Hay [seal.] Pauncefote [seal.] [note by the department of state.] The following British colonies and possessions have acceded to the Convention between the United States and Great Britain of March 2, 1899, relating to the tenure and disposition of real and personal property : Cape, Fiji, Jamaica, Bahamas, Trinidad, Barbados. Newfoundland, New' Zealand, Leeward Islands, Northern Nigeria, South Nigeria, St. Vincent, St. Lucia, Falkland Islands, St. Helena, Sierra Leone, Gambia, Labuan, Mauritius, Gold Coast Colony, South Rhodesia, Australia, Cyprus, Ceylon, Hongkong, Straits Settlements, British Honduras, Grenada, North Borneo, British Guiana, Bermuda, Lagos, British New Guinea, India, including the Native States, Transvaal, Orange River Colony, Basutoland and Bechuana- land protectorates. 1899. Modus vevendi with Great Britain, fixing a provisional bound- ary LINE BETWEEN THE TERRITORY OF AlASKA AND THE DOMINION OF Canada about the head of Lynn Canal. Concluded October 20, 1899. It is hereby agreed between the Governments of the United States and of Great Britain that the boundary line between Canada and the territory of Alaska in the region about the head of Lynn Canal shall be provisionally fixed as follows without prejudice to the claims of either party in the permanent adjustment of the international boundary : In the region of the Dalton Trail, a line beginning at the peak West of Porcupine Creek, marked on the map No. 10 of the United States Commission, December 31, 1895, and on Sheet No. 18 of the British Commission, December 3T, 1895, with the number 6500; thence ruiming to the Klehini (or Klaheela) River in the direction of the Peak north of that river, marked 5020 on the aforesaid United States map and 5025 on the aforesaid British map ; thence follow- ing the high or right bank of the said Klehini river to the junction 778 TREATIES, CONVENTIONS, ETC. thereof with the Chilkat Eiver, a mile and a half, more or less, north of Kliikwan, — provided that persons proceeding to or from Porcu- pine Creek shall be freely permitted to follow the trail between the said creek and the said junction of the rivers, into and across the territory on the Canadian side of the temporary line wherever the trail crosses to such side, and, subject to such reasonable regulations for the protection of the Revenue as the Canadian Government may prescribe, to carry with them over such part or parts of the trail between the said points as may lie on the Canadian side of the tem- porary line, such goods and articles as they desire, without being required to pay any customs duties on such goods and articles; and from said junction to the summit of the peak East of the Chilkat river, marked on the aforesaid map No. 10 of the United States Commission with the number 5410 and on the map No. 17 of the aforesaid British Commission with the number 5490. On the Dyea and Skagway Trails, the summits of the Chilcoot and White Passes. It is understood, as formerly set forth in communications of the Department of State of the United States, that the citizens or sub- jects of either Power, found by this arrangement within the tempo- rary jurisdiction of the other, shall suffer no diminution of the rights and privileges which they now enjoy. The Government of the United States will at once appoint an officer or officers in conjunction with an officer or officers to be named by the Government of Her Britannic Majesty, to mark the tempo- rary line agreed upon by the erection of posts, stakes, or other appro- priate temporary marks. 1899. Agreement by Exchange or Notes with Great Britain for the Protection of Trade-Marks in Morocco. C oncluded December 6, 1899. Tangier, October 9, 1895. Dr. J. J. Barclay, U. S. Consul-Geyieral, Tangier. Sir; The question of trade marks protection has, as you are aware, formed the subject of some correspondence between Her Majesty’s Legation and yourself, and as the matter has again been referred to in a recent despatch, I have received from my Government, I should feel much obliged if you would kindly inform me whether you would be disposed to enter into a similar reciprocal arrangement as that con- cluded between the French and this Legation. I beg leave to trans- mit a copy of that arrangement; and trusting that you will see your way to coming to some mutual understanding, I have the honor to be. Sir, Your obedient, humble servant, (Signed) A. Nicolson. GREAT BRITAIN 1899. 779 [Translation.] The Count d'Auhigny, Minister of France at Tangier, to Mr. Satow, Minister of Great Britain. Tangier, 4th June, 1894- Mr. Minister and dear Colleague, By a letter of April 3, last, you have had the kindness to inform the Charge cl’Affaires of France that the French Con- sular authority in Morocco, has the right to prosecute through the British Con- sular authority everybody counterfeiting the French trade-marks, in receiving them on the following terms. 1st. That the registration of the French mark should have been effected in England, accordingly to the “ merchandise marks act 1887 ” ; 2nd. that protec- tion on the same terms would be assured in Morocco by the French authority, to the English manufacturers. As Mr. Souhart has informed you though he was (persuaded) satisfied that the French Government was ready to grant the reciprocity in question, he thought it was his duty to refer to the Minister of Foreign Affairs. According to the reply that reached me, I am officially author- ized to promise you reciprocity of treatment, and to lend on the same terms, my aid to the reclamations that the English manufacturers may have to address to the French Consular authority to obtain protection for their trade marks against French subjects. I am Sir, (Signed) d’AuBiGNY. Tangier, Decerriber 1st, 1899. To His Excellency Sir A. Nicolson, H. B. J/’s. Minister, etc. etc. Tangier. Sir: I have the honor to inform Y. E. that I am in receipt of In- structions from my Government, authorizing me to enter into a reciprocal agreement with Y. E. for the mutual protection of Trade- Marks registered in Great Britain and the United States against infringement in Morocco by subjects of the respective nations on the lines of that existing between the British and French Legation at Tangier. I enclose for Y. E’s. further information a copy of said Instructions. I have the honor to be, Sir, your obedient servant, (Signed) S. R. Gummere. United States C onsul- General. British Legation, Tangier. Mh December 1899. Sir. I have the honour to acknowledge the receipt of your letter of the 1st instant informing me that you have been authorized by your Government to enter into a reciprocal agreement with me for the mutual protection of Trade-Marks registered in Great Britain and in the United States against infringement in Morocco by the subjects of the respective nations. I beg to thank you for this communication and to assure you that it affords me much satisfaction to enter into this reciprocal agree- ment, and that henceforth protection will be afforded by the British Consular Courts in Morocco to Trade-Marks of citizens of the United States, which have been duly registered in Great Britain in con- formity with the Patents, Designs and Trade-Marks Acts 1883 to 1888. I have the honour to be, sir, your obedient servant, (Signed) A. Nicolson. Hon. S. R. Gummere, United States Consvl Gertcrrd, Tangier. 780 TREATIES, CONVENTIONS, ETC. Consulate-General of the United States of America, T angier^ December 6, 1899. His Excellency, Sir A. Nicolson, H. B. M's. Minister etc. etc. Tangier. Sir: I have the honor to acknowledge receipt of Your Excellency's letter of the 4th inst. and to thank you for the agreement, that hence- forth protection will be afforded by the British Consular Courts in Morocco to Trade Marks of citizens ©f the United States, which have been duly registered in Great Britain in conformity with the Patents, Designs and Trade Marks Acts 1883 to 1888. In reply, it gives me great pleasure to agree, on behalf of the Gov- ernment of the United States, that henceforth Trade Marks of British citizens, having been duly registered in the United States of America, will be protected against infringement by such persons as come under the jurisdiction of the United States Consular Courts of Morocco. I am, Sir, your obedient servant S. R. Gummere United Stales Consul General. 1899. Convention Between United States, Germany, and Great Britain Relating to Settlement of Samoan Claims. November 7, 1899. (For text of convention see Samoan Islands, page 1589.) 1899. Convention to Adjust the Questions Between United States, Great Britain, and Germany in Respect to the Samoan Islands. December 2, 1899. (For text of convention see Samoan Islands, page 1595.) 1900. Supplementary Extradition Treaty. Conelvded December 13. 1900; ratifteation advised by Senate March 8, 1901 ; ratified by President March 28. 1901; ratifications exchanged April 22, 1901 ; proclaimed April 22, 1901. ARTICLES. T. Extraditable crimes. ri. Extradition convention of .Inly 12. 1899; ratification; duration. GREAT BRITAIN 1900. 781 The President of the United States of America and Her Majesty the Queen of Great Britain and Ireland, being desirous of enlarging the List of Crimes on account of which Extradition may be granted under the Convention concluded between the United States and Her Britannic Majesty on the 12th of July 1889, with a view to the better administration of justice and the prevention of crime in their respec- tive territories and jurisdictions, have resolved to conclude a Sup- plementary Convention for this purpose and have appointed as their Plenipotentiaries, to wit : The President of the United States, the Honorable John Hay, Secretary of State of the United States, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, His Excellency the Eight Honorable Lord Pauncefote, Knight Grand Cross of the Most Honorable Order of the Bath, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, and Her Majesty’s Ambassador Extraordinary and Plenipotentiary to the United States ; MJio, after having communicated to each other their respective full powers, which were found to be in due and proper form, have agreed to and concluded the following Articles : Article I. The following crimes are added to the list of crimes numbered 1 to 10 in the first Article of the said Convention of July 12, 1889, on account of which extradition may be granted, that is to say : 11. Obtaining money, valuable securities or other property by false pretenses. 12. Wilful and unlawful destruction or obstruction of railroads which endangers human life. 13. Procuring abortion. Article II. The present Convention shall be considered as an integral part of the said Extradition Convention of July 12, 1889, and the first Article of the last mentioned Convention shall be read as if the list of crimes therein contained had originally comprised the additional crimes specified and numbered 11 to 13 in the first Article of the present Convention. The present Convention shall be ratified and the ratifications shall be exchanged either at Washington or London as soon as possible. It shall come into force ten days after its publication in conformity with the Laws of the High Contracting Parties and it shall continue and terminate in the same manner as the said Convention of July 12, 1889. In testimony whereof the respective Plenipotentiaries have signed the present Convention in duplicate and have thereunto affixed their seals. Done at Washington this 13th day of December, 1900. John Hay [seal.] Pauncefote [seal.] 782 TREATIES, CONVENTIONS, ETC. 1901. Treaty to Facilitate the Construction of a Ship Canal. Concluded N ovember 18^ 1901; ratification advised by Senate De- cember 16^ 1901; ratified by President December 26, 1901; ratif- cations exchanged February 21, 1902; proclaimed February 22. 1902. Articles. I. Convention of April 19, 1850. IV. Change of sovereignty. II. Construction of canal. V. Ratitication. III. Rules of neutralization. The United States of America and His iSIajesty Edward the Sev- enth, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India, being desirous to facilitate the construction of a ship canal to connect the Atlantic and Pacific Oceans, by 'whatever route may be consid- ered expedient, and to that end to remove any objection which may arise out of the Convention of the 19th April, 1850, commonly called the Clayton-Bulwer Treaty, to the construction of such canal under the auspices of the Government of the United States, without im- pairing the “general principle” of neutralization established in Article VIII of that Convention, have for that purjiose appointed at their Plenipotentiaries : The President of the United States, John Hay, Secretary of State of the United States of America ; And His Majesty Edward the Seventh, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India, the Right Honourable Lord Pauncefote, G. C. B., G. C. M. G., His Majesty’s Ambassador Ex- traordinary and Plenipotentiary to the United States; Who, having communicated to each other their full powers which were found to be in due and proper form, have agreed upon the following Articles: — Article I. The High Contracting Parties agree that the present Treaty shall supersede the afore-mentioned Convention of the 19th April, 1850. Article II. It is agreed that the canal may be constructed under the auspices of the Government of the United States, either directly at its own cost, or by gift or loan of money to individuals or Corporations, or through subscription to or purchase of stock or shares, and that, subject to the provisions of the present Treaty, the said Government shall have and enjoy all the rights incident to such construction, as well as the exclusive right of providing for the regulation and man- agement of the canal. Article III. The United States adopts, as the basis of the neutralization of such ship canal, the following Rules, substantially as embodied in GREAT BRITAIN 1901, 783 the Convention of Constantinople, signed the 28th October, 1888, for the free navigation of the Suez Canal, that is to say : 1. The canal shall be free and open to the vessels of commerce and of war of all nations observing these Rules, on terms of entire equality, so that there shall be no discrimination against any such nation, or its citizens or subjects, in respect of the conditions or charges of traffic, or otherwise. Such conditions and charges of traffic shall be just and equitable. 2. The canal shall never be blockaded, nor shall any right of war be exercised nor any act of hostility be committed within it. The United States, however, shall be at liberty to maintain such military police along the canal as may be necessary to protect it against law- lessness and disorder. 3. Vessels of war of a belligerent shall not revictual nor take any stores in the canal except so far as may be strictly necessary; and the transit of such vessels through the canal shall be effected with the least possible delay in accordance with the Regulations in force, and with only such intermission as may result from the necessities of the service. Prizes shall be in all respects subject to the same Rules as vessels of war of the belligerents. 4. No belligerent shall embark or disembark troops, munitions of war, or warlike materials in the canal, except in case of accidental hindrance of the transit, and in such case the transit shall be resumed with all possible dispatch. 5. The provisions of this Article shall apply to waters adjacent to the canal, within 3 marine miles of either end. Vessels of war of a belligerent shall not remain in such waters longer than twenty-four hours at any one time, except in case of distress, and in such case, .shall depart as soon as possible; but a vessel of war of one belligerent shall not depart within twenty-four hours from the departure of a vessel of war of the other belligerent. 6. The plant, establishments, buildings, and all work necessary to the construction, maintenance, and operation of the canal shall be deemed to be part thereof, for the purposes of this Treaty, and in time of war, as in time of peace, shall enjoy complete immunity from attack or injury by belligerents, and from acts calculated to impair their usefulness as part of the canal. Article IV. It is agreed that no change of territorial sovereignty or of the international relations of the country or countries traversed by the before-mentioned canal shall affect the general principle of neutrali- zation or the obligation of the High Contracting Parties under the present Treaty. Article 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 His Britannic Majesty; and the ratifications shall be ex- changed at Washington or at London at the earliest possible time within six months from the date hereof. 784 TREATIES, CONVENTIONS, ETC. In faith whereof the respective Plenipotentiaries have signed this Treaty and thereunto affixed their seals. Done in duplicate at Washington, the 18th day of November, in the year of Our Lord one thousand nine hundred and one. John Hay [seal.] Paijncefote. [seal.] 190S. Treaty as to Import Duties in Zanzibar. Concluded May 31^ 1902; ratification advised Oy Senate June 50, 1902; ratified hy President July 22, 1902 ; ratifications exchanged October 17, 1902; proclaimed OctoOer 17, 1902. Articles. I. Import duties. III. Most favored nation treatment as II. Most favored nation treatment as to commercial interests, to duties. The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, acting in the name of His Highness the Sultan of Zanzibar, have, for the purposes herein- after stated, appointed their respective Plenipotentiaries, namely : The President of the United States of America, the Honorable John Hay, Secretaiy of State of the United States of America; and His Britannic Majesty, Arthur Stewart Eaikes, Esquire, His Britannic Majesty’s Charge d’Affaires, Who, after having communicated each to the other their respective full powers in good and due form, have agreed upon the following Articles : Article I. Eocognizing that it is just and necessary to facilitate to that por- tion of the dominions of His Highness the Sultan of Zanzibar which is under the protection of Great Britain, and which is situated in the basin of the Congo, as defined by the General Act of the African Con- ference at Berlin of Febniary 26th, 1885 j the accomplishment of the obligations which it has contracted by virtue of the General Act of Brussels of July 2nd, 1890, the United States waives any objection on its part to the collection of import duties upon merchandise imported into that Protectorate. The tariff of these duties, as provided in the Declaration of Brus- sels bearing the same date as the said General Act of Brussels, for the period of fifteen years next ensuing from that date, is not to exceed ten per centum of the value of the merchandise at the port of impor- tation, except for spirits and for firearms and ammunition, which are regulated by the General Act of Brussels. At the expiration of the said period of fifteen years, and in default of a new agreement, the United States will, with respect to this sub- ject, be restored to the relations with the said Protectorate which ex- GBEAT BRITAIN — ^1902-1903. 785 isted prior to the Conclusion of this Convention, the right to impose thereafter import duties to a maximum of ten per centum upon mer- chandise imported into the said Protectorate remaining acquired to the latter so long only as it shall continue to comply with the condi- tions and limitations stated in this Convention. ABTIOliE II. The United States shall enjoy in fhe said Protectorate as to import duties all the advantages accorded to the most favored nation. Neither differential treatment nor transit duty shall be established in said Protectorate. In the application of the tariff regime of the said Protectorate, the formalities and operations of commerce shall be simplified and facili- tated so far as possible. Article III. Considering the fact that in Article I of this Convention the United States has given its assent under certain conditions to the establish- ment of import duties in that portion of the Dominions of His High- ness the Sultan of Zanzibar which is under the protection of Great Britain, it is well understood that the said Protectorate assures to the flag, to the vessels, to the commerce, and to the citizens and inhabit- ants of the United States, in all parts of the territory of that Pro- tectorate, all the rights, privileges and immunities concerning import and export duties, tariff regime, interior taxes and charges and, in a general manner, all commercial interests, which are or shall be ac- corded to the signatory Powers of the Act of Berlin, or to the most favored nation. This Convention shall be ratified, and the ratifications shall be ex- changed at Washington as soon as may be and within twelve months from the date hereof. Done in duplicate at Washington this thirty-first day of May, in the year of our Lord one thousand nine hundred and two. John Hay [seal.] Arthur S Eaikes [seal.] 1903. Treaty as to Light and Harbor Dues in Zanzibar. Concluded June 5, 1903; ratification advised Oy Senate Novemlter 25, 1903; ratified hy President December 8, 1903; ratifications ex- changed December 21^, 1903; proclaimed December 2Ii,, 1903. Articles. I. Imposition of light and harbor dues. I III. Ratification. II. Light houses ; consent of powers. I Whereas it is provided by Article III of the Treaty of Amity and Commerce concluded September 21st 1833, between the United States of America and His Highness the Sultan of Muscat, which treaty 24449— VOL 1—10 50 786 TREATIES, CONVENTIONS, ETC. was accepted by His Highness the Sultan of Zanzibar after the sepa- ration of that state from the jurisdiction of Muscat, that vessels of the United States entering any ports of the Sultan’s dominions shall pay no more than five per centum duties on the cargo landed; and this shall be in full consideration of all import and export duties, tonnage, license to trade, pilotage, anchorage, or any other charge whatever ; And whereas no provision is made in the above mentioned treaty nor in any subsequent agreement for the payment of light and harbor dues in the dominions of His Highness the Sultan ; And whereas the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, acting in the name of His Highness the Sultan of Zanzibar are desirous, in the interest of commerce, of so amending the said Article III of the said Treaty of Amity and Commerce of September 21st 1833, as to permit the imposition of light dues at the rate of one anna upon every registered ton, with an added harbor due of one anna upon every registered ton, on vessels of the United States entering the ports in the islands of Zanzibar and Pemba ; Now, therefore, the High Contracting Parties have to that end resolved to conclude a convention, and have for this purpose ap- pointed their plenipotentiaries, to wit; The President of the United States of America, John Hay, Secre- tary of State of the United States; and His Britannic Majesty, The Right Honorable Sir Michael H. Her- bert, G. C. M. G., C. B., His Majesty’s Ambassador Extraordinary and Plenipotentiary; Who, having exhibited each to the other their respective full powers which were found to be in due and proper form, have agreed upon the following articles: - Article I. It is understood and agreed between the High Contracting Parties that nothing contained in said Article III of the said Convention of September 21st 1833, shall be, construed as preventing the imposition on and collection from vessels of the United States entering any port in the islands of Zanzibar and Pemba of a light due of one anna per registered ton and an added harbor due of one anna per registered ton. His Britannic Majesty, acting in the name of His Highness the Sultan of Zanzibar, engaging that the light and harbor dues so im- posed and collected shall be applied to the construction and mainte- nance of lighthouses and buoys for the proper lighting of the coasts of the said islands. Article II. It is further understood and agreed between the High Contracting Parties that the consent of the United States to the imposition and collection of the light and harbor dues aforesaid is given on the con- ditions : — 1. That really adequate lighthouses are provided and maintained; also that lights shall be placed upon the buoys when required by American vessels entering or leaving the harbor of Zanzibar at night. GREAT BRITAIN — 1903. 787 2. That accounts of the receipts and expenditures of the dues are carefully kept and published. 3. That provision be made for the reduction of the dues if they should hereafter become disproportionate to the expenditure. 4. That the consent of all the other Powers having treaties with Zanzibar be given to the imposition of the said light and harbor dues on their vessels, and that vessels of the United States be subject to no differential treatment. Article III. The present convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by his Britannic Majesty, and the ratifications shall be exchanged in the City of Washington as soon as practicable. In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at the City of Washington, this fifth day of June, in the year one thousand nine hundred and three. John Hay [seal.] Michael H. Herbert [seal.] 1903. Convention as to Alaskan Boundary. Concluded Jamiary 2Jf, 1903; ratification advised hy Senate Fehmary 11. 1903; ratified hy President February 2Jf, 1903; ratifications exchanged March 3, 1093; 'proclaimed March 3, 1903. Aeticles. I. Tribunal. II. Procedure. III. Treaties considered. IV. Questions to be decided. V. Meeting. VI. Decision. VII. Ratification. The United States of America and His Majesty Edward the Seventh, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India, equally desirous for the friendly and final adjustment of the differences which exist between them in respect to the true meaning and application of certain clauses of the convention between Great Britain and Russia, signed under date of February 28/16, A. D. 1825, which clauses relate to the delimitation of the boundary line between the territory of Alaska, now a possession of the United States, and the British possessions in North America, have resolved to. provide for the submission of the questions as hereinafter stated to a tribunal, and to that end have appointed their respective plenipotentiaries as follows : The President of the United States of America, John Hay, Secre- tary of State of the United States; and 788 TREATIES, CONVENTIONS, ETC. His Britannic Majesty, The Eight Honorable Sir Michael H. Her- bert, K. C. M. G., C. B., His Britannic Majesty’s Ambassador Extra- ordinary and Plenipotentiary; Who, after an exchange of their full powers which were found to be in good and due form, have agreed upon the following articles : Article I. A tribunal shall be immediately appointed to consider and decide the questions set forth in Article IV of this convention. The tribunal shall consist of six impartial jurists of repute who shall consider judicially the questions submitted to them, each of whom shall first subscribe an oath that he will impartially consider the arguments and evidence presented to the tribunal and will decide thereupon according to his true judgment. Three members of the tribunal shall be appointed by the President of the United States, and three by His Britannic Majesty. All questions considered by the tribunal, includ- ing the final award, shall be decided by a majority of all the members thereof. In case of the refusal to act, or of the death, incapacity or absten- tion from service of any of the persons so appointed, another impar- tial jurist of repute shall be forthwith appointed in his place by the same authority which appointed his predecessor. The tribunal may appoint a secretary and a bailiff to perform such duties as they may prescribe, and may employ scientific experts if found to be necessary, and may fix a reasonable compensation for such officers. The tribunal shall keep an accurate record of all its proceedings. Each of the High Contracting Parties shall make compensation for the services of the members of the tribunal of its own appoint- ment and of any agent, counsel, or other person emploj^ed in its behalf, and shall pay all costs incurred in the preparation of its case. All expenses reasonably incurred by the tribunal in the performance of its duties shall be paid by the respective governments in equal moieties. The tribunal may, subject to the provisions of this con- vention, establish all proper rules for the regulation of its pro- ceedings. Article II. Each of the High Contracting Parties shall also name one person to attend the tribunal as its agent. The written or printed case of each of the two parties, accom- panied by the documents, the official correspondence and all other evidence in writing or print on which each party relies, shall be delivered in duplicate to each member of the tribunal and to the agent of the other party as soon as may be after the organization of the tribunal, but within a period not exceeding two months from the date of the exchange of ratifications of this convention. Within two months after the delivery on both sides of the written or printed case, either party may, in like manner, deliver in dupli- cate to each member of the tribunal, and to the agent of the other party, a counter-case and additional documents, correspondence and evidence in reply to the case, documents, correspondence and evi- GREAT BRITAIN — 1903. 789 dence so presented by the other party. The tribunal may, however, extend this last mentioned period when in their judgment it becomes necessary by reason of special difficulties which may arise in the procuring of such additional papers and evidence. If in the case submitted to the tribunal either party shall have specified or referred to any report or document in its own exclusive possession without annexing a copy, such party shall be bound, if the other party shall demand it, within thirty days after the delivery of the case, to furnish to the party applying for it a duly certified copy thereof; and either party may call upon the other, through the tri- bunal, to produce the original or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the tribunal may require; and the original or copy so requested shall be delivered as soon as may be and within a period not exceed- ing forty days after receipt of notice. Each party may present to the tribunal all pertinent evidence, documentary, historical, geographical, or topographical, including * maps and charts, in its possession or control and applicable to the rightful decision of the questions submitted ; and if it appears to the tribunal that there is evidence pertinent to the case in the possession of either party, and which has not been produced, the tribunal may in its discretion order the production of the same by the party having control thereof. It shall be the duty of each party through its agent or counsel, within two months from the expiration of the time limited for the delivery of the counter-case on both sides, to deliver in duplicate to each member of the said tribunal and to the agent of the other party a written or printed argument showing the points and referring to the evidence upon which his Government relies, and either party may also support the same before the tribunal by oral argument of counsel. The tribunal may, if they shall deem further elucidation with regard to any point necessary, require from either party a written, printed, or oral statement or argument upon the point; but in such case the other party shall have the right to reply thereto. Article III. It is agreed by the High Contracting Parties that the tribunal shall consider in the settlement of the questions submitted to its decision the Treaties respectively concluded between His Britannic Majesty and the Emperor of All the Russias under date of 28/16 February, A. D. 1825, and between the United States of America and the Emperor of All the Russias concluded under date of March 30/18, A. D. 1867 ; and particularly the Articles III, IV, V, of the first mentioned treaty, which in the original text are word for word as follows: “ La ligne de demarcation entre les Possessions des Hautes Parties Contractantes sur la Cote du Continent et les lies de I’Amerique Nord-Ouest, sera tracee ainsi qu’il suit : “A partir du Point le plus meridional de I’lle dite Prince of W dies ^ lequel Point se trouve sous la parallele du 54me degre 40 minutes de latitude Nord, et entre le 131me et 133 me degre de longitude Quest (Meridien de Greenwich), la dite ligne remontera au Nord le long de la passe dite Portland Channel^ jusqu’au Point de la terra ferme ou 790 TREATIES, CONVENTIONS, ETC. elle atteint le 56me degre latitude Nord ; de ce dernier point la ligne de demarcation suivra la crete des montagnes situees parallelement a la Cote, jusqu’au point d’intersection du 141me degre de longitude Quest (meme Meridien) ; et finaleinent, du dit point d’intersection, la meme ligne meridienne du 141me degre formera, dans son prolonge- ment jusqu’a la Mer Glaciale, la limite entre les Possessions Russes et Britanniques sur le Continent de I’Amerique Nord-Ouest.” IV. “ II est entendu, par rapport a la ligne de demarcation determinee dans I’Article precedent; “ 1. Que I’Isle dite Prince of W ales appartiendra toute entiere a la Russie. “2. Que partoute ou la crete des montagnes qui s’etendent dans une direction parallele a la Cote depuis le 56me degre de latitude Nord au point d’intersection du 141me degre de longitude Quest, se trouveroit a la distance de plus de dix lieues marines de I’Qcean, la* limite entre les Possessions Britanniques et la lisiere de Cote men- tionnee ci-dessus comme devant appartenir a la Russie, sera formee par une ligne parallele aux sinuosites de la Cote, et qui ne pourra jamais en etre eloignee que de dix lieues marines.” V. “ II est convenu en outre, que nul Etablissement ne sera forme par I’une des deux Parties dans les limites que les deux Articles pi-ecedens assignent aux Possessions de I’Autre. En consequence, les Sujets Britanniques ne formeront aucun Etablissement soit sur la Cote, soit sur la lisiere de terre ferme comprise dans les limites des Pos- sessions Russes, telles qu’elles sont designees dans les deux Articles precedens; et, de meme, nul Etablissement ne sera forme par des Sujets Russes au dela des dites limites.” The tribunal shall also take into consideration any action of the several governments or of their respective representatives preliminary or subsequent to the conclusion of said treaties so far as the same tends to show the original and effective understanding of the parties in respect to the limits of their several territorial jurisdictions under and by virtue of the provisions of said treaties. Article IV. Referring to Articles III, IV, and V of the said treaty of 1825 the said tribunal shall answer and decide the following questions : — 1. What is intended as the point of commencement of the line? 2. What channel is the Portland Channel? 3. What course should the line take from the point of commence- ment to the entrance to Portland Channel? 4. To what point on the 56th parallel is the line to be drawn from the head of the Portland Channel, and what course should it follow between these points? 5. In extending the line of demarcation northward from said point on the parallel of the 56th degree of North latitude, following the crest 01 the mountains situated parallel to the coast until its inter- GREAT BRITAIN — ^1903. 791 section with the 141st degree of longitude west of Greenwich, subject to the condition that if such line should anywhere exceed the distance of ten marine leagues from the ocean then the boundary between the British and the Russian territory should be formed by a line parallel to the sinuosities of the coast and distant therefrom not more than ten marine leagues, was it the intention and meaning of said conven- tion of 1825 that there should remain in the exclusive possession of Russia a continuous fringe or strip of coast on the mainland, not exceeding ten marine leagues in width, separating the British Posses- sions from the bays, ports, inlets, havens, and waters of the ocean, and extending from the said point on the 56th degree of latitude north to a point where such line of demarcation should intersect the 141st degree of longitude west of the Meridian of Greenwich? 6. If the foregoing question should be answered in the negative, and in the event of the summit of such mountains proving to be in places more than ten marine leagues from the coast, should the width of the lisiere which was to belong to Russia be measured (1) from the mainland coast of the ocean, strictly so-called, along a line per- pendicular thereto, or (2) was it the intention and meaning of the said convention that where the mainland coast is indented by deep inlets, forming part of the territorial waters of Russia, the width of the lisiere was to be measured (a) from the line of the general direc- tion of the mainland coast, or (b) from the line separating the waters of the ocean from the territorial waters of Russia, or (c) from the heads of the aforesaid inlets? 7. IVhat, if any exist, are the mountains referred to as situated parallel to the coast, which mountains, when within ten marine leagues from the coast, are declared to form the eastern boundary ? Article V. The tribunal shall assemble for their first meeting at London as soon as practicable after receiving their commissions; and shall themselves fix the times and places of all subsequent meetings. The decision of the tribunal shall be made so soon as possible after the conclusion of the arguments in the case, and within three months thereafter, unless the President of the United States and His Britan- nic Majesty shall by common accord extend the time therefor. The decision shall be made in writing, and dated, and shall be signed by the members of the tribunal assenting to the same. It shall be signed in duplicate, one copy whereof shall be given to the agent of the United States of America for his government, and the other to the agent of His Britannic Majesty for his government. Article VI. When the High Contracting Parties shall have received the de- cision of the tribunal upon the questions submitted as provided in the foregoing articles, which decision shall be final and binding upon all parties, they will at once appoint, each on its own behalf, one or more scientific experts who shall with all convenient speed proceed together to lay down the boundary line, in conformity with such decision. Should there be, unfortunately, a failure by a majority of the tri- bunal to agree upon any of the points submitted for their decision, it 792 TREATIES, CONVENTIONS, ETC. shall be their duty to so report in writing to the respective govern- ments through their respective agents. Should there be an agree- ment by a majority upon a part of the questions submitted, it shall be their duty to sign and report their decision upon the points of such agreement in the manner hereinbefore prescribed. 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, and by His Britannic Majesty, and the ratifications shall be exchanged in Washington or in London so soon as the same may be effected. In faith whereof we, the respective plenipotentiaries, have signed this Convention and have hereunto affixed our seals. Done at Washington, in duplicate, this 24th day of January, A. D. 1903. John Hay [seal.] Michael H. Herbert [seal.] Decision of the Alaskan Boundary Tribunal under the Treaty OF January 24, 1903, between the United States and Great Britain. Whereas by a Convention signed at Washington on the 24th day of January 1903, by Plenipotentiaries of and on behalf of His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and of and on behalf of the United States of America, it was agreed that a Tribunal should be appointed to consider and decide the questions hereinafter set forth, such Tribunal to consist of six impartial Jurists of repute, who should consider judicially the questions submitted to them each of whom should first subscribe an oath that he would impartially consider the arguments and evidence presented to the said Tribunal, and would decide thereupon according to his true judg- ment, and that three members of the said Tribunal should be ap- pointed by His Britannic Majesty and three by the President of the United States: And whereas it was further agreed by the said Convention that the said Tribunal should consider in the settlement of the said ques- tions submitted to its decision the Treaties respectively concluded between His Britannic Majesty and the Emperor of All the Russias under date of the 28th (16th) February A D 1825 and between the United States of America and the Emperor of all the Russias, con- cluded under date of the 18th (30th) March A D 1867, and particu- larly the Articles III, IV and V of the first mentioned Treaty, and should also take into consideration any action of the several Gov- ernments or of their respective Representatives, preliminary or sub- sequent to the conclusion of the said Treaties so far as the same tended to show the original and effective understanding of the parties in respect to the limits of their several territorial jurisdictions under and by virtue of the provisions of the said Treaties. GBEAT BRITAIN — 1903. 793 And whereas it was further agreed by the said Convention, refer- ring to Articles III, IV and V of the said Treaty of 1825, that the said Tribunal should answer and decide the following questions : — 1. What is intended as the point of commencement of the line ? 2. What channel is the Portland Channel? 3. What course should the line take from the point of commence- ment to the entrance to Portland Channel? 4. To what point on the 66th parallel is the line to be drawn from the head of the Portland Channel, and what course should it follow between these points? 5. In extending the line of demarcation northward from said point on the parallel of the 56th degree of north latitude, following the crest of the mountains situated parallel to the coast until its inter- section with the 141st degree of longitude west of Greenwich, subject to the conditions that if such line should anywhere exceed the dis- tance of 10 marine leagues from the ocean, then the boundary be- tween the British and the Russian territory should be formed by a line parallel to the sinuosities of the coast and distant therefrom not more than 10 marine leagues, was it the intention and meaning of the said Convention of 1825 that there should remain in the exclu- sive possession of Russia a continuous fringe, or strip, of coast on the mainland not exceeding 10 marine leagues in width, separating the British possessions from the bays, ports, inlets, havens, and waters of the ocean, and extending from the said point on the 56th degree of latitude north to a point where such line of demarcation should intersect the 141st degree of longitude west of the meridian of Greenwich ? • 6. If the foregoing question should be answered in the negative and in the event of the summit of such mountains proving to be in places more than 10 marine leagues from the coast should the width of the lisiere, which was to belong to Russia be measured (1) from the main- land coast of the ocean, strictly so-called along a line perpendicular thereto, or (2) was it the intention and meaning of the said Conven- tion that where the mainland coast is indented by deep inlets form- ing part of the territorial waters of Russia, the width of the lisiere was to be measured {a) from the line of the general direction of the mainland coast, or {h) from the line separating the waters of the ocean from the territorial waters of Russia, or (c) from the heads of the aforesaid inlets? 7. What, if any exist, are the mountains referred to as situated parallel to the coast, which mountains, when within 10 marine leagues from the coast, are declared to form the eastern boundary? And whereas His Britannic Majesty duly appointed Richard Ever- ard, Baron Alverstone, G. C. M G. Lord Chief Justice of England, Sir Louis Amable Jette K C M G Lieutenant-Governor of the Prov- ince of Quebec, and Allen Bristol Aylesworth one of His Majesty’s Counsel, and the President of the United States of America duly appointed the Honourable Elihu Root Secretary of War of the United States, the Honourable Henry Cabot Lodge, Senator of the United States from the State of Massachusetts and the Honourable George Turner of the State of Washington, to be members of the said Tribunal. Now therefore we the Undersigned having each of us first sub- scribed an oath as provided by the said Convention and having taken into consideration the matters directed by the said Convention to be 794 TBEATIES, CONVENTIONS, ETC. considered by us, and having judicially considered the said questions submitted to us, do hereby make Answer and Award as follows : — In answer to the f^rst question The Tribunal unanimously agrees that the point of commencement of the line is Cape Muzon. In answer to the second question The Tribunal unanimously agrees that the Portland Channel is the Channel which runs from about 55° 56' NL and passes to the north of Pearse and Wales Islands. A majority of the Tribunal that is to say Lord Alverstone Mr Root Mr Lodge and Mr Turner decides that the Portland Channel after passing to the north of Wales Island is the channel between Wales Island and Sitklan Island called Tongass Channel. The Portland Channel above mentioned is marked throughout its length by a dotted red line from the point B to the point marked C on the map signed in duplicate by the members of the Tribimal at the time of signing their decision. In answer to the third question A majority of the Tribunal that is to say Lord Alverstone Mr Root Mr Lodge and Mr Turner decides that the course of the line from the point of commencement to the entrance to Portland Channel is the line marked A B in red on the aforesaid map. In answer to the fourth question A majority of the Tribunal that is to say Lord Alverstone Mr Root Mr Lodge and Mr Turner decides that the point to which the line is to be drawn from the head of the Portland Channel is the point on the 56th parallel of latitude marked D on the aforesaid map and the course which the line should follow is drawn from C to D on the aforesaid map. In answer to the fifth question A ma jority of the Tribunal, that is to say Lord Alverstone Mr Root Mr Lodge and Mr Turner decides that the answer to the above ques- tion is in the affirmative Question five having been answered in the affirmative question six requires no answer. In answer to the seventh question A majority of the Tribunal that is to say Lord Alverstone, Mr Root, Mr Lodge and Mr Turner decides that the mountains marked S on the aforesaid map are the mountains referred to as situated parallel to the coast on that part of the coast where such mountains marked S are situated and that between the points marked P (mountain marked S 8,000) on the north and the point marked T (mountain marked S 7,950) in the absence of further survey the evidence is not sufficient to enable the Tribunal to say which are the mountains par- allel to the coast within the meaning of the Treaty. In witness whereof we have signed the above written decision upon the questions submitted to us. Signed in duplicate this twentieth day of October 1903. Alverstone. Elihtj Root Henry Cabot Lodge Witness George Turner Reginald Tower: Secretary. GEEAT BKITAIN — ^1905. 795 1905. Tkeatt Relinquishing Extraterritorial Rights in Zanzibar. Concluded February 25^ 1905; ratifications advised by the Senate March <§, 1905; ratified by the President May 12^ 1905; ratifieations exchanged June 12, 1905; proclaimed June 12, 1905. Abticles. I. Relinquishment of extraterritorial rights. II. Jurisdiction of British Courts III. Ratification. The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, acting in the name of His Highness the Sultan of Zanzibar, have, for the purposes hereinafter stated, appointed as their Plenipotentiaries, namely : The President of the United States of America, the Honorable John Hay, Secretary of State of the United States of America ; and His Britannic Majesty, the Right Honorable Sir Henry Mortimer Durand, G. C. M. G., K. C. S. I., K. C. I. E., his Ambassador Extraor- dinary and Plenipotentiary near the Government of the United States ; Who, after having communicated each to the other their respective full powers, found in good and due form, have agreed upon the following articles: Article I. The United States of America agrees to renounce in the British Protectorate of Zanzibar, and in that part of the mainland dominions of His Highness the Sultan of Zanzibar which lies within the Pro- tectorate of British East Africa, the extraterritorial rights secured to it by the treaty of September 21, 1833, between the United States and the Sultan of Muscat, and the treaty of July 3, 1886, between the United States and Zanzibar. The jurisdiction exercised thereunder by consular courts of the United States in the British Protectorate of Zanzibar and in that part of the mainland dominions of His Highness the Sultan of Zanzibar which is under British protection, and all the exceptional privileges, exemptions, and immimities enjoyed by citizens of the United States as a part of or appurtenant to such jurisdiction, shall absolutely cease and determine. It being understood, however, that this renunciation shall not take effect until such time as the rights of extraterritoriality enjoyed in Zanzibar by other nations shall have been likewise re- nounced. Article II. In consideration of this renunciation by the United States of Amer- ica, the Government of His Britannic Majesty agrees to empower the competent British courts which have been established in the British Protectorate of Zanzibar and in that part of the mainland dominions 796 TREATIES, CONVENTIONS, ETC. of His Highness the Sultan of Zanzibar which is under British pro- tection, to exercise jurisdiction over citizens of the United States the same as over British subjects and British protected persons, and that citizens of the United States shall have in and before said courts all the rights and privileges that belong and are accorded therein to British subjects and to British protected persons. Article III. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty, and the ratifications shall be exchanged at Washington as soon as possible. In faith whereof, we, the respective Plenipotentiaries, have signed this Convention and have hereunto affixed our seals. Done in duplicate at the City of Washington this twenty-fifth day of February, in the year of our Lord one thousand nine hundred and five. John Hay [seal.] H M Durand [seal.] 1905. Alaskan Boundary. — Exchange of Notes. — Acceptance or the Report of the Commissioners to Complete the Award Under THE Convention of January 24, 1903, Respecting the Bol^’^dary Line Betaveen Alaska and the British North American Possessions. Agreement effected hy exchange of notes, March 26, 1905. Department of State W ashington March 26, 1905 Excellency, — Referring to your note of October 1st, and Mr. Hay’s reply of December 2d, 1904, in regard to the report by IMessrs. O. H. Tittmann and W. F. King, the Commissioners appointed to carry out the delimitation of the Alaska boundary so far as it was left undefined by the Award of the London Tribunal, and concern- ing the character of our agreement between the United States and Great Britain for the formal acceptance of the recommendations of the Commissioners by an exchange of notes, I have the honor to state, by direction of the President, that the Government of the United States agrees with the Government of His Britannic Majesty that the part of the boundary between Alaska and Canada lying between the points P and T mentioned in the award of the Tribunal of 1903, shall be defined, in accordance with the general principles laid down by said Tribunal, by the summits whose geographical coordinates are given with sufficient approximation for identification in the at- tached Table, provided that the Commissioners are hereby em- powered, after they have secured sufficient data, to select additional and intermediate peaks between the points 7 and 8 and 8 and T where the distances between the peaks given in the Table exceed the proba- ble limit of intervisibility. Provided also that no such additional and intermediate peak shall be more than 2,500 meters from the GBEAT BEITAIN — ^1905. 797 straight line joining peaks 7 and 8 or 8 and T of the attached Table, as follows : TABLE SHOWING THE POSITIONS AND DISTANCES OF PEAKS. The latitudes and longitudes are taken from, and refer to, the Maps numbers 10 and 12 of the surveys made by the British Commission under the Convention of 1892. The successive peaks are designated by consecutive numbers, counting southward from Point P. Points. Latitude. Longitude. From. to Approxi- mate Dis- tances Sheet 12 1 58 36 29 133 41 tt 55 P 1 Meters 15,840 12,800 2 58 31 01 133 33 14 1 2 3 58 24 40 133 26 09 2 3 13; 680 4,000 4 58 22 35 133 27 09 3 4 6 58 16 10 133 21 08 4 5 13,200 6 58 13 24 133 16 48 5 6 6,960 9,700 81,440 7 58 09 07 133 11 10 6 7 Sheet 10 7 8 8 57 29 47 132 32 52 8 T 36,800 Your acknowledgment of this communication, with a similar state- ment on behalf of the Government of His Majesty will complete the agreed Exchange of Notes and will confirm and give validity to the agreement reached by the Commissioners, thus completing the award of the London Tribunal under the Convention of January 24, 1903 as to the above-described part of the Alaska boundary. Expressing the President’s satisfaction at this settlement of the matter, I have the honor to be, Your Excellency’s obedient servant Alvey a. Adee Acting Secretary of State. His Excellency The Right Honble. Sir H. M. Durand, G. C. M. G., K. C. S. I., K. C. I. E. etc etc etc. British Embassy, 'Washington., March 25th; 1905. Sir, I have the honour to acknowledge the receipt of your note No. 187 of this date, in regard to the report by Messrs. W. F. King and O. H. Tittmann, the Commissioners appointed to carry oui the delimitation of the Alaska Boundary so far as it was left undefined by the Award of the London Tribunal, and concerning the character of an agreement between Great Britain and the United States for the formal acceptance of the recommendations of the Commissioners by an exchange of notes. By direction and on behalf of the Government of His Britannic Majesty, I have the honour to state that the Government of His Majesty agrees with the Government of the United States that the part of the boundary between Canada and Alaska lying between the points P and T mentioned in the award of the Tribunal of 1903, shall be defined, in accordance with the general principles laid down by 798 TREATIES, CONVENTIONS, ETC. said Tribunal, by the summits whose geographical coordinates are given with sufficient approximation for identification in the attached Table, provided that the Commissioners are hereby empowered, after they have secured sufficient data, to select additional and intermediate peaks between the points 7 and 8 and 8 and T where the distances between the peaks given in the Table exceed the probable limit of intervisibility. Provided also that no such additional and inter- mediate peak shall be more than 2,500 meters from the straiofht line joining peaks 7 and 8 or 8 and T of the attached Table, as follows: TABLE SHOWING THE POSITIONS AND DISTANCES OF PEAKS. The latitudes and longitudes are taken from, and refer to, the Maps numbers 10 and 12 of the surveys made by the British Commission under the Convention of 1892. The successive peaks are designated by consecutive numbers, counting southward from Point P. Points. Latitude. Longitude. From. To. Approxi- mate Dis- tances. Sheet 12 1 58 36 29 133 41 P 1 Meters. 15, 840 12,800 13,680 4,000 2 58 31 01 133 33 14 1 2 3 58 24 40 133 26 09 2 3 4 58 22 35 133 27 09 3 4 5 58 16 10 133 21 08 4 5 13,200 6,960 6 58 13 24 133 16 48 5 6 7 58 09 07 133 11 10 6 7 9,700 81,440 36,800 7 8 8 57 29 47 132 32 52 8 T I am instructed to express the gratification of my Government that, by this Exchange of Notes, confirmation and validity are given to the agreement. reached by the Commissioners, thus completing the award of the London Tribunal, under the Convention of January 24, 1903, as to the above-described part of the Alaska Boundary. I have the honour to be. With the highest consideration, Sir, Your most obedient, humble Servant, The Honorable John Hay, Secretary of State, etc., etc., etc. H M Durand 1905. Supplementary Extradition Convention. Concluded April 12, 1905; ratification advised hy the Senate Decem- her 13, 1905; ratified l)y the President December 21, 1906; ratifi- cations exchanged December 31, 1906; proclaimed February 12, 1907. Articles. I. Extraditable crimes. (II. Ratification ; duration. The President of the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the GREAT BRITAIN- — 1905. 799 British Dominions beyond the Seas, Emperor of India, being desirous of enlarging the list of crimes on account of which extradition may be granted under the Conventions concluded between the United States and Great Britain on the 12th July, 1889, and the 13th Decem- ber, 1900, with a view to the better administration of justice and the prevention of crime in their respective territories and jurisdictions, have resolved to conclude a Supplementary Convention for this pur- pose and have appointed as their Plenipotentiaries, to wit : The President of the United States, the Honourable Joseph Hodges Choate, Ambassador Extraordinary and Plenipotentiary of the United States at the Court of His Britannic Majesty : And his Britannic Majesty, the Most Honourable Henry Charles Keith Petty-Fitzmaurice, Marquess of Lansdowne, His Majesty’s Principal Secretary of State for Foreign Affairs; Who, after having communicated to each other their respective full powers, which were found to be in due and proper form, have agreed to and concluded the following Articles : Article I. The following crimes are added to the list of crimes numbered 1 to 10 in the 1st Article of the said Convention of the 12th July, 1889, and to the list of crimes numbered 11 to 13 in Article I of the Supple- mentary Convention concluded between the United States and Great Britain on the 13th December, 1900, that is to say : 14. Bribery, defined to be the offering, giving or receiving of bribes made criminal by the laws of both countries. 15. Offences, if made criminal by the laws of both countries, against bankruptcy law. Article II. The present Convention shall be considered as an integral part of the said Extradition Conventions of the 12th July, 1889, and the 13th December, 1900, and the 1st Article of the said Convention of the 12th July, 1889, shall be read as if the lists of crimes therein contained had originally comprised the additional crimes specified and numbered 14 and 15 in the 1st Article of the present Convention. The present Convention shall be ratified, and the ratifications shall be exchanged either at Washington or London as soon as possible. It shall come into force ten days after its publication in conformity with the laws of the High Contracting Parties, and it shall continue and terminate in the same manner as the said Convention of the 12th July, 1889. In testimony whereof the respective Plenipotentiaries have signed the present Convention in duplicate, and have thereunto affixed their seals. Done at London, this 12th day of April, 1905. [l. s.] Joseph H. Choate, [l. 8.] Lansdowne. 800 TKEATIES, CONVENTIONS, ETC. 1905. Protection of Trade-marks in China. Agreement efected hy exchange of notes, June 28, 1905. British Embassy, Lenox, Mass., August 16, lOOlf.. Sir: Under an Order in Council of the 2nd February, 1899, it is open to a foreigner whose trade-mark has been infringed by a British subject in China to take proceedings against the latter in the British Consular Court, provided — (1) That the consent in writing of His Majesty’s Minister or Charge d’Atfaires be obtained to the prosecution ; but (2) Such consent may be withheld unless His Majesty’s Minister or Charge d’Affaires is satisfied that effectual provision exists for the punishment in Consular or other Courts in China of similar acts committed by the subjects of the State or Power of which such prose- cutor is a subject. By correspondence with the French, German and Italian repre- sentatives in London, it has been ascertained that provision exists for the punishment in the Consular Courts of France, Germany, and Italy in China of citizens or subjects of those countries should they infringe British trade-marks, and the necessary information has been given to His Majesty’s Representative in Peking and to the Repre- sentatives there of the three countries mentioned to enable them to carry out the arrangements desired by their Governments for the mutual protection of their trade-marks. I am instructed by His Majesty’s Principal Secretary of State for Foreign Affairs to enquire whether the Government of the United States would be disposed to conclude a similar arrangement with His Majesty’s Government. I have the honour to be, with the highest consideration, sir, your most obedient, humble Servant, (Signed) H M Durand The Honourable John Hay, Secretary of State, etc., etc., etc. GBEAT BRITAIN ^1905. 801 Department of State. W ashing ton^ September 23, 190 Jf. Excellency : I have the honor to acknowledge the receipt of your note of the 16th ultimo inquiring whether this Government would be disposed to conclude with that of Great Britain an agreement pro- viding for the punishment in the consular courts of the United States of American citizens infringing British trade-marks in China and for the punishment in the consular courts of Great Britain of British subjects infringing American trade-marks in China. The Government of the United States is of the opinion that some arrangement of this sort would be advantageous to its citizens doing business in China, and is therefore willing to enter into such an agree- ment with regard to China as it already has with your Govern- ment for the reciprocal protection of trade-marks in Morocco. Under that agreement the American consular courts in Morocco pro- tect British subjects against the infringement by American citizens in Morocco of such of their trade-marks as have been duly registered in the United States, and the British consular courts afford like pro- tection to American citizens against the infringement by British sub- jects of such of their trade-marks as have been duly registered in Great Britain. If this is satisfactory to your Government, the proposed agreement could be effected by an exchange of notes as in the case of Morocco. I have the honor to be, with highest consideration, your excellency’s most obedient servant, Francis B. Loomis, Acting Secretary. His Excellency the Right Honorable Sir H. M. Durand, G. C. M. G., K. C. S. I., K. C. I. E., etc., etc., etc. British Embassy, W ashington, April 10, 1905. Sir, I communicated to His Majesty’s Secretary of State for For- eign Affairs your note of September 23, 1904 relative to the proposed Agreement between His Majesty’s Government and the United States Government for the mutual protection of British and American Trade Marks in China. I am now in receipt of a despatch from Lord Landsdowne stating that His Majesty’s Government agree in the proposal put forward in that note that an arrangement should be come to between the two Governments with regard to China, such as already exists between them for the reciprocal protection of Trade Marks in Morocco. I am directed to inform you of the concurrence of His Majesty’s Government in the proposal, and to add that the necessary instruc- tions on the subject will be sent to His Majesty’s Minister at Peking. I have the honour to be, with high consideration, sir, your most obedient, humble servant, H M Durand The Honourable Francis B. Loomis, Acting Secretary of State, etc., etc., etc. 24449— VOL 1—10 51 802 TBEATIES, CONVENTIONS, ETC. Department of State, W ashing ton, April 17, 1905. Excellency : I have the honor to acknowledge the receipt of ^our note of the 10th instant informing me of the concurrence ot his Majesty’s Government in the proposal made by this Department’s note of September 23, 1904, that the agreement between the Govern- ment of the United States and that of His Britannic Majesty for the mutual protection of American and British trade-marks in China, be etfected by an exchange of notes, as was done in the case of the reciprocal protection of trade-marks in Morocco, and that the neces- sary instructions on the subject would be sent to His Majesty’s Min- ister at Peking. In accordance with the understanding thus reached, instructions have this day been addressed to the American Minister at Peking directing him to effect the exchange of notes with His Majesty’s Minister there. I have the honor to be, with the highest consideration, your excel- lency’s most obedient servant (Signed) Francis B. Loomis Acting Secretary. His Excellency the Eight Honorable Sir H. M. Durand, G. C. M. G., K. C. S. I., K. C. I. E., etc., etc., etc. American Legation, Peking, China, June 2S, 1905. Mr. Minister and Dear Colleague: The Acting Secretary of State of the United States has informed me in an instruction dated April 17, 1905, that you have been authorized by jmur Government to enter into a reciprocal agreement with me for the mutual protection of trade marks registered in the United States and Great Britain against infringement in China by the citizens or subjects of our respective nations, and he has given me authority to effect with you by an exchange of notes an agreement for the reciprocal protection of American and British trade marks in China. In pursuance of the general agreement reached between our respec- tive governments on the subject, it affords me much satisfaction to agree on behalf of the government of the United States, that hence- forth trade marks of British subjects, having been duly registered in the United States of America, will be protected against infringe- ment by such persons as come under the jurisdiction of the United States Consular Courts in China, in which effectual provision exists for the punishment of such infringements by American citizens. I have the honor to be, my dear colleague, your obedient servant, (sgd.) W. W. Eockhill. Peking, June 28, 1905. Mr. Minister and Dear Colleague : I have the honour to acknowl- edge the receipt of your letter of this date, informing me that you GEEAT BEITAIK — ^1905^1906. 803 have been authorized by your Government to effect with me by an exchange of notes an agreement for the reciprocal protection of American and British trademarks. I beg to thank you for this communication and to assure that it affords me much satisfaction to enter into this reciprocal agreement, and henceforth protection will be afforded in China by His Britannic Majesty’s Supreme Court for China and Corea and the Provincial Courts to trademarks of citizens of the United States which have been duly registered in Great Britain in conformity with “ Th" Pat- ents, Designs, and Trademarks Acts, 1883 to 1888.” At the same time it appears necessary to mention that the consent in writing of His Majesty’s Minister or Charge d’Affaires must be obtained on each occasion, which consent will be given as a matter of course in consequence of the assurance contained in your Note under reply that effectual provision exists for the punishment in the United States Consular Courts in China of infringement, by such persons as come under the jurisdiction of those Courts, of the trademarks of British subjects which shall have been duly registered in the United States of America. I have the honour to be, sir, your obedient servant, ( Sgd) Ernest Satow. His Excellency, the Honourable W. W. Kockhill, etc., etc., etc. 1906. Axaskan Boundary Con\’ention. Concluded Afril 21, 1906; ratification advised hy the Senate Apnl 25, 1906; ratified hy the President July 10, 1906; ratifications ex- changed August 16, 1906; 'proclaimed August 21, 1906. Articles. I. Appointment of Commissioners. IV. Reports. II. Marking of meridian. V. Ratification. III. Expenses. Whereas by a treaty between the United States of America and His Majesty the Emperor of all the Eussias, for the cession of the Russian possessions in North America to the United States, con- cluded March 30, 1867, the most northerly part of the boundary line between the said Russian possessions and those of His Britannic Majesty, as established by the prior convention between Russia and Great Britain, of Febiiiary 28/16, 1825, is defined as following the 141st degree of longitude west from Greenwich, beginning at the point of intersection of the said 141st degree of west longitude with a certain line drawn parallel with the coast, and thence con- tinuing from the said point of intersection, upon the said meridian of the 141st degree in its prolongation as far as the Frozen Ocean ; And whereas, the location of said meridian of the 141st degree of west longitude between the terminal points thereof defined in said treaty, is dependent upon the scientific ascertainment of conven- 804 TREATIES, CONVENTIONS, ETC. ient points along the said meridian and the survey of the country intermediate between such points, involving no question of inter- pretation of the aforesaid treaties but merely the determination of such points and their connecting lines by the ordinary processes of observation and survey conducted by competent astronomers, engi- neers and surveyors; And whereas such determination has not hitherto been made by a joint survey as is requisite in order to give complete effect to said treaties ; The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, Emperor of India, being equally desir- ous to provide for the surveying and marking out upon the ground of the said astronomical line established by existing treaties, and thus to remove any possible cause of difference between their respec- tive governments in regard to the location of the said 141st merid- ian of West Longitude, have resolved to conclude a convention to that end, and for that purpose have appointed their respective plenipotentiaries : The President of the United States of America, The Honorable Elihu Root, Secretary of State of the United States, and His Britannic Majesty, The Right Honorable Sir H. Mortimer Durand, G. C. M. G., K. C. S. I., K. C. I. E., His Majesty’s Ambas- sador Extraordinary and Plenipotentiary to the United States; Who, after having communicated to each other their respective full powers, which were found in due and proper form, have agreed to and concluded the following articles: Article I. Each Government shall appoint one Commissioner with whom may be associated such surveyors, astronomers and other assistants as each Government may elect. The Commissioners shall at as early a period as practicable ascer- tain by the telegraphic method a convenient point on the 141st meridian of West Longitude and shall then proceed under their joint direction and by their joint operations in the field, to trace and mark so much of a north and south line passing through said point as is necessary to be defined for determining the exact boundary line as established by the said Convention of 28/16 February, 1825, between the possessions in America of His Britannic Majesty, and the adja- cent possessions in America formerly belonging to His Majesty The Emperor of all the Russias and ceded to the United States by the said Treaty of 30th March, 1867. Article II. The location of the 141st meridian as determined hereunder shall be marked by intervisible objects, natural or artificial, at such dis- tances apart as the Commissioners shall agree upon and by such additional marks as they shall deem necessary, and the line when and where thus marked, in whole or in part, and agreed upon by the Com- missioners, shall be deemed to define permanently for all international purposes the 141st meridian mentioned in the treaty of February 28/16, 1825, between Great Britain and Russia. CEEEAT BRITAIN — ^1906. 805 The location of the marks shall be described by such views, maps and other means as the Commissioners shall decide upon, and dupli- cate records of these descriptions shall be attested by the Commis- sioners jointly and be by them deposited with their respective Gov- ernments, together with their final report hereinafter mentioned. AKTICI.E III. Each Government shall bear the expenses incident to the employ- ment of its own appointees and of the operations conducted by them, but the cost of material used in permanently marking the meridian, and of its transportation and erection in place, shall be borne equally and jointly by the two Governments. ARTICIiE IV. The Commissioners shall diligently prosecute the work to its com- pletion and they shall submit to their respective Governments from time to timej and at least once in every calendar year, a joint report of progress, and a final comprehensive report upon the completion of the whole work. Articlje V. The present convention shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty, and the ratifica- tions shall be exchanged at Washington or at London as soon as possible. In faith whereof- we the respective plenipotentiaries have signed this convention and liave hereunto affixed our seals. Done in duplicate at Washington this twenty-first day of April, in the year of our Lord one thousand nine hundred and six. Elihu Root [seal.] H M Dukand [seal.] 1806.“ Modus Vivendi Between the United States and Great Britain IN Regard to Inshore Fisheries on the Treaty Coast of Newfoundland. Agreement effected ~by exchange of notes at London October 6-8, 1906. The American Ambassador to the British Foreign Office. American Embassy, London, October 6th, 1906. Sir, I am authorized by my Gevernment to ratify a modus vivendi in regard to the Newfoundland Fishery Question on the basis of the Foreign Office Memorandum, dated the 25th of September 1906, in which you accept the arrangement set out in my Memorandum of the 12th of September and consent accordingly to the use of purse “ See renewals of modus vivendi concerning Newfoundland fisheries — 1907, page 811 ; 1908, page 832 ; 1909, page 844. 806 TREATIES, CONVENTIONS, ETC. seines by American fishermen during the ensuing season, subject of course to due regard being paid in the use of such implements to other modes of fishery, which, as you state, is only intended to secure that there shall be the same spirit of give and take and of respect for common rights between the users of purse seines and the users of sta- tionary nets as would be expected to exist if both sets of fishermen employed the same gear. My Government understand by this that the use of purse seines by American fishermen is not to be interfered with, and that the ship- ment of Newfoundlanders by American fishermen outside the 3 mile limit is not to be made the basis of interference or to be penalized ; at the same time they are glad to assure His Majesty’s Government, should such shipments be found necessary, that they will be made far enough from the exact 3 mile limit to.avoid any reasonable doubt. On the other hand it is also understood that our fishermen are to be advised by my Government, and to agree, not to fish on Sunday. It is further understood that His Majesty’s Government will not bring into force the Newfoundland Foreign Fishing Vessels Act of 1906 which imposes on American fishing vessels certain restrictions in addition to those imposed by the Act of 1905, and also that the provisions of the first part of Section I of the Act of 1905, as to boarding and bringing into port, and also the whole of Section 3 of the same Act, will not be regarded as applying to American fishing vessels. It also being understood that our fishermen will gladly pay light dues if they are not deprived of their rights to fish, and that our fishermen are not unwilling to comply with the provisions of the Colonial Customs Law as to reporting at a custom house when physi- cally possible to do so. I need not add that my Government are most anxious that the pro- visions of the modus vivendi should be made effective at the earliest possible moment. I am glad to be assured by you that this note will be considered as sufficient ratification of the modus vivendi, on the part of my Government. I have the honour to be, with the highest consideration. Sir, Your most obedient, humble Servant, Whitelaw Reid. The Right Honble. Sir Edward Grey, Bt., Etc. Etc. Etc. The British Foreign Office to the American Ambassador. Foreign Office, October 8th, 1906. Your Excellency, I have received with satisfaction the note of the 6th instant in which Your Excellency states that you have been authorized by your Government to ratify a modus vivendi in regard to the Newfoundland Fishery Question on the basis of the Memoran- dum which I had the honour to communicate to you on the 25th ultimo, and I am glad to assure Your Excellency that the note in question will be considered by His Majesty’s Government as a sufii- cient ratification of that arrangement on the part of the United States Government. GEE AT BEIT AIN ^1906. 807 His Majesty’s Government fully share the desire of your Govern- ment that the provisions of the modus vivendi should be made eflPect- ive at the earliest moment possible and the necessary instructions for its observance were accordingly sent to the Government of New- foundland immediately on receipt of Your Excellency’s communi- cation. I ha ve the honour to be, with the highest Consideration, Your Excellency’s most obedient, humble Servant, (In the absence of the Secretary of State) E. Goest. His Excellency the Honourable Whitelaw E,Em, Etc. Etc. Etc. MEMOEANDUM. My Government hears with the greatest concern and regret that in the opinion of His Majesty’s Government there is so wide a diver- gence of views with regard to the Newfoundland Fisheries that an immediate settlement is hopeless. But it is much gratified with His Majesty’s Government’s desire to reach a modus vivendi for this season, and appreciates the readiness to waive the Foreign Fishing Vessels Act of 1906. This and other restrictive legislation had compelled our fishermen to use purse seines or abandon their treaty rights. My Government sees in the offer not to apply Section 3, Act of 1905 and that part of Section 1 relating to boarding fishing vessels and bringing them into port fresh proof of a cordial disposition not to press unduly this kind of regulation. Our fishermen will also gladly pay light dues, if not hindered in their right to fish. They are not unwilling either, to comply with the regulation to report at Custom Houses, when possible. It is sometimes physically impossible, however, to break through the ice for that purpose. Most unfortunately the remaining proposals, those as to purse- seining and Sunday fishing, present very grave difficulties. We appreciate perfectly the desire of His Majesty’s Government to prevent Sunday fishing. But if both this and purse-seine fishing are taken away, as things stand there might be no opportunity for profitable fishing left under our treaty rights. We are convinced that purse seines are no more injurious to the common fishery than the gill nets commonly used — are not in fact so destructive and do not tend to change the migratory course of the herring as gill nets do, through the death of a large percentage of the catch and conse- quent pollution of the water. The small amount of purse-seining this season could not of course materially affect the common fishery anyway. Besides many of our fishermen have already sailed, with purse seines as usual, and the others are already provided with them. This use of the purse seine . was not the free choice of our fishermen. They have been driven to it by local regulations and the continued use of it at this late date this year seems vital. 808 TREATIES, CONVENTIONS, ETC. But we will renounce Sunday fishing for this season if His Maj- esty’s Government will consent to the use of purse seines, and we cannot too strongly urge an acceptance of this solution. American Embassy, London. September 12, 1906. MEMORANDUM. His Majesty’s Government have considered, after consultation with the Government of Newfoundland, the proposals put forward in the Memorandum communicated by the United States Ambassa- dor on the 12th instant, respecting the suggested “ modus vivendi ” in regard to the Newfoundland Fishery question. They are glad to be able to state that they accept the arrangement set out in the above Memorandum and consent accordingly to the use of purse seines by United States fishermen during the ensuing season, subject, of course, to due regard being paid, in the use of such implements, to other modes of fishery. His Majesty’s Government trust that the United States Govern- ment will raise no objection to such a stipulation, which is only intended to secure that there shall be the same spirit of give and take and of respect of common rights between the users of purse seines and the users of stationary nets as would be expected to exist if both sets of fishermen employed the same gear. They further hope that, in view of this temporary authorization of the purse seines, the United States Government will see their way to arranging that the practice of engaging Newfoundland fishermen just outside the three mile limit which to some extent prevailed last year should not be resorted to this year. An arrangement to this effect would save both His Majesty’s Gov- ernment and the Newfoundland Government from embarrassment which it is conceived, having regard to the circumstances in which the “ modus vivendi ” is being settled, the United States Government would not willingly impose upon them. Moreover it is not in itself unreasonable, seeing that the unwillingness of the United States Gov- ernment to forego the use of purse seines ajipears to be largely based upon the inability of their fishermen to engage local men to work the form of net recognized by the Colonial fishery regulations. The United States Government assured His Majesty’s late Govern- ment in November last that they would not countenance a specified evasion of the Newfoundland Foreign Fishing Vessels Act 1905, and the proposed arrangement would appear to be in accordance with the spirit which prompted that assurance. Foreign Office, September 25, 1906. 1907. PROTECTION OF PATENTS IN ^MOROCCO. Agreemeri ejected by Exchange of Notes Tangier, Febraary Ifth, 1907. Mr. Minister and dear Colueague: Referring to the correspondence which has taken place between our two Legations on the subject of the protection of Trade-Marks, I GREAT BRITAIN — ^1906. 809 have the honor to suggest to you the utility of extending to patents of inventions the arrangement which is in force with respect to Trade-Marks. To this end I have the honor to inform you that protection will be accorded by the British consular tribunals in Morocco to American patents of inventions which have been duly registered in Great Britain in conformity with “ Patents, Designs and Trade-Marks Acts 1883-1888 ”, on condition that protection, under the same condi- tions will be assured in Morocco, by the American authorities, to English patents of invention. Begging you to have the kindness to communicate to me your opinion on this subject, accept the assurances of my high consideration. Gerard Lowther. To His Excellency Mr. S. R. Gtjmmere American Minister^ etc., etc., etc., T angier. Tangier, Fel>ruary 15th 1907. Mr. Minister and dear Colleague : I have the honor to acknowledge the receipt of your letter of the 4th of February 1907, in which, referring to the correspondence which has taken place between our two Legations, on the subject of Trade-Marks, you set forth the utility of extending to patents of in- ventions the arrangement which is in force with respect to Trade- Marks. To this end you inform me that protection will be accorded by the British Consular tribunals in Morocco to American patents of invention which have been duly registered in Great Britain in con- formity with “ Patents, Designs and Trade-Marks Acts 1883-1888 ”, on condition that protection under the same conditions will be as- sured in Morocco by the American authorities to English patents of invention. I have the honor to inform Y. E. that I have submitted to my Government your proposition regarding the extension to patents of invention the arrangement which is in force with respect to Trade- Marks and will at once inform you of their decision on the subject. With apologies for delay in sending my response, occasioned by my illness, accept Mr. Minister and dear Colleague the assurances of my high consideration. S. K. Gummere. To His Excellency Mr. Gerard Lowther, British Minister, etc., etc., etc., T angier. Tangier, Afril 29th 1907. Mr. Minister and dear Colleague : Referring to our correspondence on the subject of the utility of extending to patents of invention the arrangement in force in Morocco between our two Governments regarding trade-marks, I have the honor to inform you that I have received instmictions from my Government to the effect that protection by the Consular Courts 810 TEEATIES, CONVENTIONS, ETC. of the United States in Morocco will be accorded to British Patents of Invention, duly registered in the United States, on condition that protection under the same conditions shall be assured in Morocco by the British Authorities to American patents of invention. Accept Mr. Minister and dear Colleague the assurance of my high consideration, S. R. Gummere. His Excellency Mr. Gerard Lowther, H. B. M. Minister^ etc., etc., etc., Tangier. Tangier, June 20tTi 1907. Mr. Minister and dear Colleague : In reply to your letter of April 29th, I have the honor to inform you that I am authorized by my Government to declare to you that protection will be accorded by the British Consular Tribunals in Morocco to the Patents of Inventions of the United States of America, which have been duly registered in England in conformity with the “ Patents, Designs and Trade-Marks, Acts 1883 to 1902 ”, and that I am prepared to give instructions to that effect to the British Consular OtRcers, to the end that the accord shall enter into force im- mediately. May I hope that Your Excellency will give similar in- structions to the Consular officials of the United States of America. I take this occasion, Mr. Minister and dear Colleague to renew the assurances of my very high consideration. Gerard Lowther. His Excellency Mr. S. R. Gummere, Minister of the United States of America, etc., etc., etc., Tangier. Tangier, June ^Mh, 1907. Mr. Minister and dear Colleague : I have the honor to acknowledge the receipt of your letter of the 20th of Jilne informing me that you are authorized by your Government to declare that protection will be accorded by the British Consular Tribunals in Morocco to Patents of Invention of the United States of America, which have been duly registered in England, in con- formity with the “ Patents Designs and Trade-Marks, Acts 1883 to 1902 ”, and that you are ready to give instructions to that effect to the British Consular Officials to the end that the accord shall be put in force at once. I have the honor to inform Your Excellency that I am also au- thorized by my Government to declare to you that protection will be accorded by the American Consular Tribunals in Morocco to [British] Patents of Invention duly registered in the United States and that I will give instructions to that effect to the American Con- sular Officers to the end that the accord shall be entered into at once. Pray accept, Mr. Minister and dear Colleague the assurance of my high consideration. S. R. Gummere. His Excellency Mr. Gerard Lowther, H. B. M. Minister, etc., etc., etc., T angier. GREAT BRITAIN — 811 1907.“ Modus Vivendi Between the United States and Great Britain IN Regard to Inshore Fisheries on the Treaty Coast of New- foundland. Agreement effected hy exchange of notes at London Septemher f-6, 1907. The American Ambassador to the British Foreign Office. American Embassy, London.^ September 4-, 1907. Sir: — I am authorized by my Government to ratify a Modus Vivendi in regard to the Newfoundland fishery question, as follows: It is agreed that the fisheries shall be carried on during the present year substantially as they were actually carried on for the most of the time by mutual agreement, under the Modus Vivendi of 1906. (1) It is understood that His Majesty’s Government will not bring into force the Newfoundland foreign fishing vessels act of 1906, which imposes on American fishing vessels certain restrictions in addition to those imposed by the act of 1905, and also that the provisions of the first part of Section One of the act of 1905, as to boarding and bringing into port, and also the whole of Section three of the same act, will not be regarded as applying to American fishing vessels. (2) In consideration of the fact that the shipment of Newfound- landers by American fishermen outside the three-mile limit is not to be made the basis of interference or to be penalized, my Govern- ment waives the use of purse seines by American fishermen during the term governed by this agueement, and also waives the right to fish on Sundays. (3) It is understood that American fishing vessels will make their shipment of Newfoundlanders, as fishermen, sufficiently far from the exact three-mile limit to avoid reasonable doubt. (4) It is further understood that American fishermen will pay light dues when not deprived of their rights to fish, and will comply With the provisions of the Colonial customs law as to reporting at a custom house when physically possible to do so. I need not add that my Government is most anxious that the pro- visions of this Models Vivendi should be made effective at the earliest possible moment, and that, in view of this, and of the actual pres- ence of our fishing fleet on the treaty shore, we do not feel that an exchange of ratifications should be longer delayed. But my Gov- ernment has every desire to make the arrangement, pending arbi- tration, as agreeable as possible to the Newfoundland authorities consistent with the due safeguarding of treaty rights which we have enjoyed for nearly a century. If, therefore, the proposals you have recently shown me from the Premier of Newfoundland or any other changes in the above Modus Vivendi should be proposed by mutual agreement between the Newfoundland authorities and our fishermen, having due regard to the losses that might be incurred by a change of plans so long after preparations for the season’s fishing had been made and the voyage begun, my Government will be ready to consider such changes with you in the most friendly spirit, and if found not to compromise our rights, to unite with you in ratifying them at once. “ See modus vivendi 1908, p. 832. 812 TEEATIES, CONVENTIONS, ETC. I am glad to be assured by you that this note will be considered as sufficient ratification of the Modus Vivendi on the part of mj' Government. I have the honor to be, with the highest consideration, Sir, Your most obedient humble servant, Whitelaw Reid. The Right Honorable Sir Edward Grey, Baronet, <&c (&C &c The British Foreign Office to the Americcm Ambassador. Foreign Office, September 6t\ 1907 Your Excellency. I have the honour to acknowledge the re- ceipt of Your Excellency’s note of the 4th instant, containing the terms of the Modus Vivendi with regard to the Newfoundland fish- eries,— which you are authorized by your Government to ratify. I am glad to assure your Excellency that His Majesty’s Govern- ment agrees to the terms of the Modus Vivendi and that your Excel- lency’s note will be considered by His Majesty’s Government as a sufficient ratification of that arrangement on the part of His Maj- esty’s Government. His Majesty’s Government fully shares the desire of your Gov- ernment that the provisions of the Modus Vivendi should be made effective at the earliest possible moment, and the necessary steps will be taken by His Majesty’s Government to secure its observance. His Majesty’s Government takes note of the conciliatory offer of the United States Government to consider in a most friendly spirit any changes in the Modus Vivendi, which may be agreed upon locally between the Newfoundland authorities and the United States fisher- men and Avhich may be acceptable both to the United States Gov- ernment and to His Majesty’s Government. I have the honour to be, with the highest consideration. Your Excellency’s most obedient humble servant, E. Grey His Excellency The Honorable Whitelaw REro, diC c&G <£c 1907. By the President of the United States of America, A Proclamation.® Wliereas the Government of His Britannic Majesty has entered into a Commercial Agreement with the United States providing for the application of the minimum rate under the third section of the Tariff Act of the United States approved July 24, 1897, to works of art, being the product of the industry of the United Kingdom, in return for the free admission of samples of dutiable goods brought into the territory of the United Kingdom by commercial travelers of the United States, by Avhich Agreement, in the judgment of the President, reciprocal and equivalent concessions are secured in favor of products of the United States; Therefore, be it known that I, Theodore Roosevelt, President of the United States of America, acting under the authority conferred by said Act of Congress, do hereby suspend during the continuance ® Terminated February 7, 1910, on notice given by the United States. GREAT BRITAIN — ^1907. 813 in force of said Agreement the imposition and collection of the duties imposed by the first section of said act upon the articles hereinafter specified, being the products of the industry of the United Kingdom of Great Britain and Ireland, and do declare in place thereof the rate of duty provided in the third section of said act to be in force, as follows: Paintings in oil or water colors, pastels, pen and ink drawings, and statuary, fifteen per centum ad valorem. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this fifth day of December, in the year of our Lord one thousand nine hundred and seven, [seal.] and of the Independence of the United States of America the one hundred and thirty-second. Theodore Roosevelt By the President: Elihu Root Secretary of State. The Government of the United States of America and the Gov- ernment of His Britannic Majesty, being desirous of facilitating and extending the commercial relations existing between their re- spective countries, but without prejudice to the views held by each of them as to the interpretation of the “ most-favoured-nation ” Article of the Convention of Commerce between the two countries signed at London on the 3rd July, 1815, mutually agree as follows : — 1. In order to facilitate the clearance through the Customs De- partment of the United Kingdom of samples of dutiable goods brought into the territory of the United Kingdom by commercial travellers of the United States of America, such samples being for use as models or patterns for the purpose of obtaining orders, and not for sale. His Majesty’s Government agrees that the marks, stamps, or seals placed upon such samples by the Customs authori- ties of the United States of America at the time of exportation, and the ofiicially attested list of such samples, containing a full descrip- tion thereof issued by the proper authority, shall be accepted by the Customs officials of the United Kingdom as establishing their char- acter as samples, and exempting them from inspection on importa- tion, except so far as may be necessary to establish that the samples produced are those enumerated on the list. The Customs authorities of the United Kingdom may, however, affix a supplementary mark to such samples in special cases where they may think this precau- tion necessary. 2. The Government of the United States of America agrees to extend to the United Kingdom the special reduction of duty on paintings in oil or water colours, pastels, pen and ink drawings, and statuary, being the product of the industry of the United Kingdom, authorized under section 3 of the Tariff Act of the United States, approved the 24th July, 1897. 3. This agreement shall continue in force until six months from the date when either party shall notify the other of its intention to terminate it. Done in duplicate at London, the 19th day of November, 1907. [seal] Whitelaw Reid. E. Gray. 814 TBEATIES, CONVENTIONS, ETC. 1908. Arbitration Convention. Signed at 'Washington April 1908; ratification advised by the Senate April £2, 1908; ratified by the President May 11^ 1908; ratifications exchanged at Washington June A, 1908; proclaimed June 5, 1908. Articles. I. Differences to be submitted. I III. Ratification. II. Special agreement. | IV. Duration. The President of the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, desir- ing in pursuance of the principles set forth in Articles 15-19 of the Convention for the pacific settlement of international disputes, signed at The Hague July 29, 1899, to enter into negotiations for the conclusion of an Arbitration Convention, have named as their Plenipotentiaries, to wit: The President of the United States of America, Elihu Root, Secre- tary of State of the United States, and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, The Right Honorable James Bryce, O. M., who, after hav- ing communicated to one another their full powers, found in good and due form, have agreed upon the following articles: Article I. Differences which may arise of a legal nature or relating to the interpretation of treaties existing between the two Contracting Par- ties and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th of July, 1899, provided, nevertheless, that they do not affect the vital interests, the independ- ence, or the honor of the two Contracting States, and do not concern the interests of third Parties. Article II. In each individual case the High Contracting Parties, before ap- pealing to the Permanent Court of Arbitration, shall conclude a special Agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that such special agreements on the part of the United States will be made by the President of the United States, by and with the advice and consent of the Senate thereof; His Majesty’s Government reserving the right before con- cluding a special agreement in any matter affecting the interests of a self governing Dominion of the British Empire to obtain the con- currence therein of the Government of that Dominion. Such Agreements shall be binding only when confirmed by the two Governments by an Exchange of Notes. Article III. The present Convention shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof, and by his Britannic Majesty. The ratiRcations shall GREAT BRITAIN — 1908. 815 be exchanged at Washington as soon as possible, and the Conven- tion shall take effect on the date of the exchange of its ratifications. Article IV. The present Convention is concluded for a period of five years, dating from the day of the exchange of its ratifications. Done in duplicate at the City of Washington, this fourth day of April, in the year 1908. Elihu Boot [seal] James Bryce [seal] 1908. Treaty Concerning the Canadian International Boundary. Conclvded April 11, 1908; ratif,cation advised hy the Senate May Ji., 1908; ratified hy the President May 11, 1908; ratifications ex- ! changed June If., 1908; proclaimed July 1, 1908. Articles. I I. Boundary through Passamaquoddy I Bay. II. Boundary from the mouth to the source of the St. Croix River. III. Boundary from the source of the St. Croix to the St. Lawrence. IV. Boundary from the St. Lawrence to the mouth of Pigeon River. V. Boundary from Pigeon River to i Lake of the Woods. i The United States of America and His Majesty Edward the Seventh, of the United Kingdom of Great Britain and Ireland, and . of the British Dominions beyond the Seas, King, and Emperor of ! India, being desirous of providing for the more complete definition : and demarcation of the international boundary between the United States and the Dominion of Canada, have for that purpose resolved to conclude a treaty, and to that end have appointed as their Pleni- potentiaries : The President of the United States of America, ^Elihu Boot, Sec- retary of State of the United States ; and His Britannic Majesty, Bight Honorable James Bryce, O. M., his Ambassador Extraordinary and Plenipotentiary at Washington; Who, after having communicated to each other their respective full I powers, which were found to be in due and proper form, have agreed ! to and concluded the following articles : Article I. the boundary through passamaquoddy bay. The High Contracting Parties agree that each shall appoint, with- out delay, an expert geographer or surveyor to serve as Commissioners for the purpose of more accurately defining and marking the inter- national boundary line between the United States and the Dominion of Canada in the waters of Passamaquoddy Bay from the mouth of the St. Croix Biver to the Bay of Fundy, and that in defining and marking said boundary line the Commissioners shall adopt and fol- low, as closely as may be, the line surveyed and laid down by the Com- missioners appointed under Article II of the Treaty of July 22, 1892, VI. Boundary from Lake of the Woods to the summit of Rocky Mountains. VII. From Rocky Mountains to Gulf of Georgia. VIII. From forty-ninth parallel to the Pacific Ocean. IX. General provisions. X. Ratification. 816 TBEATIES, CONVENTIONS, ETC. between the United States and Great Britain, so far as said Com- missioners agreed upon the location of said line, namely : (1) From a point at the mouth of the St. Croix River defined by the ranges established by them, by a connected series of six straight lines defined by ranges and cross ranges, to a point between Treat Island and Friar Head, likewise de- fined by ranges and cross ranges established by them ; and also (2) From a point in Quoddy Roads, defined by the intersection of the range passing through the position of the Beacon of 1886 and Lubec Channel Light, with a range established by them on the west shore of Quoddy Roads along the course of this latter range, which is about 80° 35' east of true south, into the Bay of Fundy. In ascertaining the location of the above-described line, the Com- missioners shall be controlled by the indications of the range marks and monuments established along its course by said former Commis- sioners and by the charts upon which the said Commissioners marked the line as tentatively agreed upon by them. The remaining portion of the line, lying between the two above- described sections, and upon the location of which said former Com- missioners did not agree, shall pass through the center of the Lubec Narrows Channel between Campo Bello Island and the mainland, and, subject to the provisions hereinafter stated, it shall follow on either side of the said Narrows such courses as will connect with the parts of the line agreed upon as aforesaid, and such boundary shall consist of a series of straight lines defined by distances and courses; but inasmuch as differences have arisen in the past as to the location of the line with respect to Pope’s Folly Island above Lubec Narrows and with respect to certain fishing grounds east of the dredged chan- nel below Lubec Narrows, it is agreed that each of the High Contract- ing Parties shall present to the other within six months after the ratification of this Treaty a full printed statement of the evidence, with certified copies of original documents referred to therein which are in its possession, and the arguments upon which it bases its con- tentions, with a view to arriving at an adjustment of the location of this portion of the line in accordance with the true intent and mean- ing of the provisions relating thereto of the treaties of 1783 and 1814 between the United States and Great Britain, and the award of the Commissioners appointed in that behalf under the treaty of 1814; it being understood that any action by either or both Governments or their representatives authorized in that behalf or by the local govern- ments on either side of the line, whether prior or subsequent to such treaties and award, tending to aid in the interpretation thereof, shall be taken into consideration in determining their true intent and mean- ing. Such agreement, if reached, shall b^e reduced to writing in the form of a protocol and shall be communicated to the said Commis- sioners, who shall lay down and mark this portion of the boundary in accordance therewith and as herein provided. In the event of a failure to agree within six months after the date of exchanging the printed statements aforesaid, the question of which Government is entitled to jurisdiction over such island and fishing grounds under treaty provisions, and proceedings thereunder, inter- preted in accordance with their true intent and meaning as above provided, and by reason of any rights arising under the recognized principles of international law, shall be referred forthwith for de- cision upon the evidence and arguments submitted as aforesaid, with such additional statement of facts as may be appropriate, and an GBEAT BRITAIN 1908. 817 argument in reply on each side, to an arbitrator to be agreed upon by the two Governments, or, in case of a failure to agree, to be ap- pointed by a third Power selected by the two Governments by com- mon accord, or, if no agreement is thus arrived at, each Government shall select a different Power and the choice of the arbitrator shall be made in concert by the Powers thus selected. The decision of such arbitrator shall be final, and the line shall be laid down and marked by the said Commissioners in accordance therewith and as herein provided. The arbitrator shall be requested to deliver, together with his award, a statement of all the costs and expenses incurred by him in connection with the arbitration, which shall forthwith be repaid by the two Governments in equal moieties. It is further agreed that if, under the foregoing provisions, the boundary be located through the channel to the east of the dredged channel above mentioned, the latter shall be equally free and open for the passage of ships, vessels, and boats of both parties. The entire boundary shall be marked by permanent range marks established on land and, if desirable in the opinion of Commission- ers, by buoys in the water, so far as practicable, and by such other boundary marks and monuments and at such points as the Commis- sioners may determine to be necessary; but the said Commissioners shall proceed to define and mark and chart the portion of the line agreed upon by the former Commissioners under the Treaty of 1892 aforesaid without waiting for the final determination of the location of the remaining portion of the line. The course of the said boundary line as defined and marked as aforesaid shall be laid down by said Commissioners on quadruplicate sets of accurate modern charts prepared or adopted by them for that purpose, which charts shall be certified and signed by the Commis- sioners, and two duplicate originals thereof shall be filed by them with each Government; and they shall also prepare in duplicate and file with each Government a joint report or reports under their hands and seals describing in detail the course and location of the boundary line and the range marks and monuments and buoys marking it. The line so defined and laid down shall be taken and deemed to be the international boundary from the Bay of Fundy to the mouth of the St. Croix River, as established by treaty provisions and the proceedings thereunder. Article II. THE BOUNDARY FROM THE MOUTH TO THE SOURCE OF THE ST. CROIX RIVER. Whereas Article II of the Treaty of 1783 between the United States and Great Britain provides that a line drawn along the middle of the River St. Croix from its mouth in the Bay of Fundy to its source shall be, between those points, the international boundary between the United States and the British possessions in North America, and the identity of the River St. Croix has been determined by the Com- missioners appointed for that purpose under Article V of the Treaty of 1794 between the United States and Great Britain, and the loca- tion of the mouth and the source of said river has been duly estab- lished, and the course of said river has been described, surveyed, and charted by said Commissioners, as appears from their joint report dated the 25th day of October, 1798, and from the chart or plan of 24449— VOL 1—10 52 818 TREATIES, CONVENTIONS, ETC. said river prepared and filed by them with said report, but said line of boundary along the middle of said river was not laid down by them on said chart or plan, and was not marked or monumented by them along the course of said river; and whereas, pursuant to an additional article, dated March 15, 1798, supplementing the provi- sions of the Treaty of 1794 above referred to, a monument was erected by joint action of the two Governments marking the source of the River St. Croix, but said line of boundary through the River St. Croix has not otherwise been monumented and has never been laid down on charts by joint action of the two Governments: therefore, in order to complete and render thoroughly effective the demarkation of the boundary described and established as aforesaid. It is agreed that each of the High Contracting Parties shall ap- point, without delay, an expert geographer or surveyor as a Commis- sioner, and the Commissioners so appointed shall jointly lay down upon accurate modern charts, to be prepared or adopted by them for that purpose, the line of boundary along the middle of the River St. Croix from its mouth to its source as defined and established by the existing treaty provisions and the proceedings thereunder, above referred to, with the agreed understanding, however, that the line of boundary through said river shall be a water line throughout and shall follow the center of the main channel or thalweg as naturally existing, except where such course would change, or disturb, or con- flict with the national character of an island as already established by mutual recognition and acquiescence, in which case the line shall pass on the other side of any such island, following the middle of the channel nearest thereto, or, if the Commissioners find that the national character of any island is in dispute, the question of its nationality shall be submitted by them to their respective Govern- ments, with a chart or map certified jointly by said Commissioners, showing the depth and volume of the 'water at its high and low stages between such island and the river banks on each side and indicating the course of the main channel of the river as it passes such island, together with a descriptive statement by said Commissioners show- ing the reasons for selecting such channel as the main channel ; and in all such cases the High Contracting Parties agree that the location of the boundary with respect to each island in dispute shall be deter- mined and settled in accordance Avith the following rules : (1) The nationality of each island in dispute shall be determined by the predominance of the claims established on either side to such island, arising from the exercise of jurisdiction and soA’ereignty over it, including such exercise of jurisdiction by the local governments on either side of the line. (2) The burden of proving the nationality of an}^ such island shall be upon the party seeking to change the general course of the boun- dary as above prescribed so as to include such island on its own side of the boundary. (3) The selection by the Commissioners of the main channel pass- ing such island shall not be conclusive upon the parties hereto and is subject to review, but the burden of proving the main channel to be other than the one selected shall be upon the party proposing the change. The Government proposing such change in the prescribed course of the boundary shall, upon the submission of the question of the nation- GREAT BRITAIN ^1908. 819 ality of any island or islands by the Commissioners as aforesaid, promptly present to the other Government a printed statement, with certified copies of any original documents in its possession referred to therein, showing the grounds and arguments upon which its claim of jurisdiction and oifnership with respect to such island rests. Un- less an agreement is reached upon the presentation of such statement, the Government to which such statement is presented shall within six months after its receipt present in reply a similar statement show- ing the grounds and arguments upon which the claims of the other Government are contested. If an agreement is reached between the two Governments, it shall be reduced to writing in the form of a protocol and shall be communicated to the said Commissioners, who shall proceed to lay down and mark the boundary so as to leave such island on the side of the boundary to which it is shown it belongs, in accordance with the determination of its nationality arrived at as aforesaid. In the event of a failure by the two Governments to come to an agreement within six months after the presentation of the printed statements in reply herein above provided for, then the question of the nationality of the islands in dispute shall be referred forthwith for decision under the rules herein above set forth for the determination of that question, and under the recognized principles of international law not inconsistent therewith, and upon the evidence and argiunents submitted as aforesaid, with such additional statement of facts as may be ap^iropriate, and such further printed argument on each side as may be desired, to an arbitrator to be agreed upon by the two Governments, or, in case of a failure to agree, to be appointed by a third Power selected by the two Governments by common accord, or, if no agreement is thus arrived at, each Government shall select a different Power and the choice of the arbitrator shall be made in concert by the Powers thus selected. The decision of such arbitrator shall be final, and the line shall be laid down and marked by the said Commissioners in accordance therewith and as herein provided. The arbitrator shall be requested to deliver, together with his award, a statement of all the costs and expenses incurred by him in connection with the arbitration, which shall forthwith be repaid by the two Governments in equal moieties. It is further agreed that so far as practicable the said Commis- sioners shall establish boundary monuments and ranges and buoys marking the course and location of the said line, and showing on which side of the boundary the several islands lying in said river belong, wherever in their judgment it is desirable that the boundary be so marked. The charts upon which the boundary is marked as aforesaid shall be in quadruplicate, and shall be certified and signed by said Commis- sioners, and two duplicate originals thereof shall be filed by them with each Government, and it shall also be the duty of said Commis- sioners to prepare in duplicate, and file with each Government, a joint report under their hands and seals describing the line so marked by them and the monuments and range marks and buoys marking it. The line so defined and laid down shall be taken and deemed to be the international boundary from the mouth to the source of the St. Croix River as established by treaty provisions and the proceedings thereunder as aforesaid, 820 TBEATIES, CONVENTIONS, ETC. Article III. THE BOUNDARY FROM THE SOURCE OF THE ST. CROIX RFV’ER TO THE ST. LAWRENCE RIVER. • Whereas the remonumenting of the course of the boundary defined and laid down under the provisions of Articles I and VI of the Treaty of August 9, 1842, between the United States and Great Britain has already been undertaken without a formal treaty agree- ment, but by the joint and concurrent action of the Governments of the United States and Great Britain, certain monuments between Vermont and Canada having been relocated in 1849, and the portion of said boundary extending between Hall’s Stream and the St. Lawrence River in part having been remonumented in recent years and in part is now being remonumented under such action on both sides ; and whereas the Commissioners appointed under Article VI of the Treaty of 1842 aforesaid were required to and did mark by monuments the land portion only of said line, and were not required to and did not mark by monuments the portions of the boundary extending along water courses, with the exception that the nationality of the several islands in the St. John River was indicated by monu- ments erected thereon and a series of monuments was placed by them along the edge of certain of the water courses to fix the general di- rection of the boundary, most of which monuments have since dis- appeared, but the entire boundary, including its course through the Avaterways as well as on land, was charted and marked on maps by said Commissioners under the provisions of Article VI above referred to, and the nationality of the respective islands in the St. John River was determined by them, as appears from the joint report filed by said Commissioners dated June 28, 1847, and the series of maps signed by said Commissioners and filed with their joint report; and Avhereas the portion of the line through said waterways has not since been monumented or marked along its course by joint action of the two Governments, and the monuments placed by said Commissioners along the land portion of said boundary require repairing and re- newing where such work has not already been done in recent years, and additional or supplementary intermediate monuments at conA’en- ient points are required under modern conditions: therefore, in order to carry on and complete the .work ah’eady undertaken as afore- said, and to reestablish the location of said boundary and render thoroughly effective the demarcation of the said boundary as existent aid established. It is agreed that each of the High Contracting Parties shall ap- point, without delay, an expert geographer or surveyor as a Commis- sioner, and under the joint direction of such Commissioners the lost or damaged boundary monuments shall be relocated and repaired, and additional monuments and boundary marks shall be established wherever necessary in the judginent of the Commissioners to meet the requirements of modern conditions along the course of the land portion of said boundary, ‘and where the said boundary runs through Avaterways it shall be marked along its course, so far as practicable, by buoys and monuments in the water and by pennanent ranges established on the land, and in such other Avay and at such points as GBEAT BRITAIN 1908. 821 in the judgment of the Commissioners it is desirable that the bound- ary be so marked ; and it is further agreed that the course of the en- tire boundary as described in Article I of the Treaty of 1842 and as laid down as aforesaid under Article VI of that Treaty, shall be marked by said Commissioners upon quadruplicate sets of accurate modern charts prepared or adopted by them for that purpose, and that said charts so marked shall be certified and signed by them and two duplicate originals thereof shall be filed with each Government, and said Commissioners shall also prepare in duplicate and file with each Government a joint report or reports describing in detail the course of the boundary so marked by them, and the character and location of the several monuments and boundary marks and ranges marking it. The line so defined and laid down shall be taken and deemed to be the international boundary as defined and laid down under Articles I and VI of the said Treaty of 1842. Article IV. THE BOUNDART FROM ITS INTERSECTION WITH THE ST. LAWRENCE RIVER TO THE MONTH OF PIGEON RIVER. The High Contracting Parties agree that the existing International Waterways Commission, constituted by concurrent action of the United States and the Dominion of Canada and composed of three Commissioners on the part of the United States and three Commis- sioners on the part of the Dominion of Canada, is hereby authorized and empowered to ascertain and reestablish accurately the location of the international boundary line beginning at the point of its inter- section with the St. Lawrence Kiver near the forty-fifth parallel of north latitude, as determined under Articles I and VI of the Treaty of August 9, 1842, between the United States and Great Britain, and thence through the Great Lakes and communicating waterways to the mouth of Pigeon River, at the western shore of Lake Superior, in accordance with the description of such line in Article II of the Treaty of Peace between the United States and Great Britain, dated September 3, 1783, and of a portion of such line in Article II of the Treaty of August 9, 1842, aforesaid, and as described in the joint report dated June 18, 1822, of the Commissioners appointed under Article VI of the Treaty of December 24, 1814, between the United States and Great Britain, with respect to a portion of said line and as marked on charts prepared by them and filed with said report, and with respect to the remaining portion of said line as marked on the charts adopted as treaty charts of the boundary under the provisions of Article II of the Treaty of 1842, above mentioned, with such deviation from said line, however, as may be required on account of the cession by Great Britain to the United States of the portion of Horse Shoe Reef in the Niagara River necessary for the light-house erected there by the United States in accordance with the terms of the protocol of a conference held at the British Foreign Office Decem- ber 9, 1850, between the representatives of the two Governments and signed by them agreeing upon such cession ; and it is agreed that wherever the boundary is shown on said charts by a curved line along the water the Commissioners are authorized in their discretion to 822 TREATIES, CONVENTIONS, ETC. adopt, in place of such curved line, a series of connecting straight lines defined by distances and courses and following generally the course of such curved line, but conforming strictly to the description of the boundary in the existing treaty provisions, and the geograph- ical coordinates of the turning points of such line shall be stated by said Commissioners so as to conform to the system of latitudes and longitudes of the charts mentioned below, and the said Commis- sioners shall so far as practicable mark the course of the entire bound- ary line located and defined as aforesaid, by buoys and monuments in the waterways and by permanent range marks established on the ad- jacent shores or islands, and by such other boundary marks and at such points as in the judgment of the Commissioners it is desirable that the boundary should be so marked ; and the line of the boundary defined and located as aforesaid shall be laid down by said Commis- sioners on accurate modern charts prepared or adopted by them for that purpose, in quadruplicate sets, certified and signed by the Com- missioners, two duplicate originals of which shall be filed by them with each Government; and the Commissioners shall also prepare in duplicate and file with each Government a joint report or reports describing in detail the course of said line and the range marks and buoys marking it, and the character and location of each boundary mark. The majority of the Commissioners shall have power to ren- der a decision. The line so defined and laid down shall be taken and deemed to be the international boundary as defined and established by treaty pro- visions and the proceedings thereunder as aforesaid from its inter- section with the St. Lawrence River to the mouth of Pigeon River. Article V. » THE BOUNDARY FROM THE MOUTH OF PIGEON RIVER TO THE NORTHWEST- ERN MOST POINT OF THE LAKE OF THE WOODS. In order to complete and perfect the demarcation of the interna- tional boundary line between the United States and the Dominion of Canada from the mouth of Pigeon River, at the western shore of Lake Superior, to the northwesternmost point of the Lake of the Woods, which boundary is defined in Article II of the Treaty of Peace between the United States and Great Britain dated September 3, 1783, and in Article II of the Treaty of August 9, 1812, between the United States and Great Britain, wherein is defined also the location of the said northwesternmost point of the Lake of the Woods, and the greater part of the said boundary is marked on charts covering that section of the boundary adopted as treaty charts of the bound- ary under the provisions of Article II of the Treaty of 1842 afore- said, but has never been actually located or monumented along its course by joint action of the two Governments, and no joint survey of its course has been made since the survey under the direction of the Commissioners appointed under Article VII of the Treaty of December 24, 1814, between the United States and Great Britain, under whose direction the charts above mentioned were prepared. It is agreed that each of the High Contracting Parties shall ap- point, without delajq an expert geographer or surveyor as Commis- sioners, who shall reestablish and fix the actual location of said entire GREAT BRITAIN ^1908. 823 boundary described and charted as aforesaid, and designate the side of the boundary upon which each island adjacent to the boundary belongs, it being mutually understood that the boundary, so far as practicable, shall be a water line and shall not intersect islands lying along its course, and the Commissioners shall so far as practicable mark such boundary along its course by monuments and buoys and range marks, and such other boundary marks as the Commissioners may determine, and at such points as in their judgment it is desir- able that the boundary shall be so marked ; and it is further agreed that the course of the entire boundary as described* and laid down as aforesaid and as monumented by said Commissioners shall be marked by them upon quadruplicate sets of accurate modern charts prepared or adopted by them for that purpose, and that said charts so marked shall be certified and signed by them and two duplicate originals thereof shall be filed with each Government, and said Commissioners shall also prepare in duplicate and file with each Government a joint report or reports describing in detail the course of the boundary so marked by them and the character and location of the several monu- ments and boundary marks and ranges marking it. The line so defined and laid down shall be taken and deemed to be the international boundary as defined and established under the aforesaid treaties from the mouth of Pigeon Eiver to the north- westernmost point of the Lake of the Woods. Article VI. THE boundary FROM THE NORTHWESTERNMOST POINT OF THE LAKE OF THE WOODS TO THE SUMMIT OF THE ROCKY MOUNTAINS. In order to complete and render thoroughly effective the demarca- tion of the international boundary between the United States and the Dominion of Canada from the northwesternmost point of the Lake of the Woods to the summit of the Rocky Mountains, which bound- ary, according to existing treaties, runs due south from said north- westernmost point to the forty-ninth parallel of north latitude and thence along that parallel to the summit of the Rocky Mountains, and has been surveyed and charted and monumented as appears from the series of twenty-four sectional maps covering this portion of the boundary prepared and filed by the Joint Commission appointed for that purpose by joint action of the two Governments in 1872. It is agreed that each of the High Contracting Parties shall ap- point, without delay, an expert geographer or surveyor as a Commis- sioner, and under the joint direction of such Commissioners lost or damaged monuments along the course of said boundary shall be relocated and repaired and additional monuments and boundary marks shall be established wherever necessary, in the judgment of the Commissioners, to meet the requirements of modern conditions and to render more effective the demarcation of the existent bound- ary established under the treaty provisions and proceedings there- under as aforesaid; and it is further agreed that in carrying out these provisions the said Commissioners shall observe the agreement stated in the protocol of the final meeting, dated May 29, 1876, of the Joint Commission aforesaid, which is as follows: 824 TEEATIES, CONVENTIONS, ETC. “ 2. In the intervals between the monuments along the parallel of latitude, it is agreed that the line has the curvature of a parallel of 49° north latitude; and that such characteristic shall determine all questions that may hereafter arise with reference to the position of the boundary at any point between neighboring monuments. “ 3. It is further agreed that, in the event of any of the said three hundred and eighty-eight monuments or marks being obliterated beyond the power of recognition, the lost site or sites shall be recov- ered by their recorded position relatively to the next neighboring unobliterated mark or marks.” It is further agreed that the said Commissioners shall mark upon quadruplicate sets of accurate modern charts prepared or adopted by them for that purjiose the entire course of said boundary and the location of the boundary monuments and marks established along the course of said boundary, and two duplicate originals thereof shall be filed with each Government, and said Commissioners shall also prepare in duplicate and file with each Government a joint report describing in detail the work done by them in replacing and repair- ing lost or damaged monuments and the character and location of the several monuments and boundary marks placed by them along said boundary. The line so laid down and defined shall be taken and deemed to be the international boundary as defined and established by treaty provisions and the proceedings thereunder as aforesaid from the northwesternmost point of the Lake of the Woods to the summit of the Rocky Mountains. Article VII. THE BOUNDARY FROM THE SUMMIT OF THE ROCKY MOUNTAINS TO THE GULF OF GEORGIA. Whereas, by concurrent action of the Government of the United States and the Government of Great Britain in 1902 and 1903, Com- missioners were designated to act jointly for the purpose of renew- ing lost or damaged monuments and placing additional monuments where such were needed throughout the course of the boundary along the forty-ninth parallel of north latitude, from the summit of the Rocky Mountains westward to the eastern shore of the Gulf of Georgia, as defined in Article I of the treaty of June 15, 1846, between the United States and Great Britain and as marked by monuments along its course and laid down on a series of charts, seven in number, by a Joint Commission organized in 1858 for that purpose- and composed of two Commissioners appointed one by each Government, which charts, duly certified and authenticated in dupli- cate by said Commissioners, were approved and adopted by the two Governments, as • appears from the declaration in writing to that effect sig-ned on February 24, 1870, at Washington by duly authorized Plenipotentiaries of the respective Governments, and it appearing that the remonumenting of this line by the Commissioners first above referred to is now approaching completion ; It is hereby agreed by the High Contracting Parties that when such work is completed the entire course of said boundary, showing the location of the boundary monuments and marks established along GEEAT BRITAIN 1908. 825 the course of the boundary, shall be marked upon quadruplicate sets of accurate modern charts prepared or adopted for that purpose, and the said Commissioners, or their successors, are hereby authorized and required to so mark the line and designate the monuments on such charts, two duplicate originals of which shall be filed with each Gov- ernment, and the said Commissioners, or their successors, shall also prepare in duplicate and file with each Government a joint report describing in detail the work done by them in replacing and repair- ing lost or damaged monuments and the character and location of the several monuments and boundary marks placed by them along said boundary. The line so laid down and defined shall be taken and deemed to be the international boundary as defined and established by treaty pro- visions and the proceedings thereunder as aforesaid, from the summit of the Eocky Mountains to the eastern shore of the Gulf of Georgia. .l^JITICLE VIII. THE BOUNDARY FROM THE FORTY-NINTH PARALLEL TO THE PACIFIC OCEAN. The High Contracting Parties agree that each shall appoint, with- out delay, an expert geographer or surveyor to serve as Commission- ers for the purpose of delineating upon accurate modern charts, pre- pared or adopted by them for that purpose, the international bound- ary line between the United States and the Dominion of Canada from the forty-ninth parallel of north latitude along the middle of the channel which separates Vancouver’s Island from the mainland and the middle of the Haro Channel and of Fuca’s Straits to the Pacific Ocean, as defined in Article I of the Treaty of June 15, 1846, between the United States and Great Gritain, and as determined by the award made on October 21, 1872, by the Emperor of Germany as arbitrator pursuant to the provisions of Articles XXXIV-XLII of the Treaty of May 8, 1871, between the United States and Great Britain, and as traced out and marked on a quadruplicate set of charts prepared for that purpose and agreed upon and signed by the duly authorized representatives of the respective Governments, as appears from the protocol of a conference at Washington on March 10, 1873, between such representatives which was signed by them on that date, and as defined by them in a written definition of said boundary signed by them and referred to in and attached to said protocol, and it is agreed that the said Commissioners shall adopt in place of the curved line passing between Saturna Island and Patos Island as shown on said charts a straight line running approximately north and south through a point midway between the eastern point of Saturna Island and the western point of Patos Island and intersecting the prolongations of the two straight lines of the boundary now joined by a curved line. The entire line thus laid down shall consist of a series of connecting straight lines defined by distances and courses; and the Commis- sioners are authorized to select and establish such reference marks on shore as they may deem necessary for the proper definition and loca- tion on the water of the boundary aforesaid. A quadruplicate set of such charts, showing the lines so laid down and marked by them, and the location of the several marks or monuments selected or 826 TREATIES, CONVENTIONS, ETC. established by them along its course, shall be signed by them and two duplicate originals thereof shall be filed by them with each Gov- ernment, and the Commissioners shall also prepare in duplicate and file with each Government a joint report, or reports, describing in detail the course of said line and the boundary marks and their loca- tion along its course. The line so defined and laid down shall be taken and deemed to be the international boundary, as defined and established by treaty provisions and the proceedings thereunder as aforesaid, from the forty-ninth parallel of north latitude along the middle of the channel which separates Vancouver’s Island from the mainland and the middle of Haro Channel and of Fuca’s Straits to the Pacific Ocean. Article IX. GENERAL PROVISIONS. The Commissioners appointed under the provisions of this Treaty shall proceed without delay to perform the duties assigned to them, but each Commissioner shall, before entering upon his duties, make oath in writing that he will impartially and faithfully perform his duties as such Commissioner. In case a vacancy occurs in any of the Commissions constituted by this Treaty, by reason of the death, resignation, or other disability of a Commissioner, before the work of such Commission is completed, the vacancy so caused shall be filled forthwith by the appointment of another Commissioner by the party on whose side the vacancy occurs, and the Commissioner so appointed shall have the same powers and be subject to the same duties and obligations as the Com- missioner originally appointed. If a dispute or difference should arise about the location or de- marcation of any portion of the boundary covered by the provisions of this Treaty and an agreement with respect thereto is not reached by the Commissioners charged herein with locating and marking such portion of the line, they shall make a report in writing jointly to both Governments, or severally each to his own Government, set- ting out fully the questions in dispute and the differences between them, but such Commissioners shall, nevertheless, proceed to carry on and complete as far as possible the work herein assigned to them with respect to the remaining portions of the line. In case of such a disagreement between the Commissioners, the two Governments shall endeavor to agree upon an adjustment of the questions in dispute, and if an agreement is reached between the two Governments it shall be reduced to writing in the form of a pro- tocol, and sliall be communicated to the said Commissioners, who shall proceed to lay down and mark the boundary in accordance there- with, and as herein provided, but without prejudice to the special provisions contained in Articles I and II regarding arbitration. It is understood that under the foregoing articles the same persons will be appointed to carry out the delimitation of boundaries in the several sections aforesaid, other than the section covered by Article IV, unless either of the Contracting Powers finds it expedient for some reason which it may think sufficient to appoint some other per- son to be Commissioner for any one of the above-mentioned sections. GREAT BRITAIN — ^1908. 827 Each Government shall pay the expenses of its own Commissioners and their assistants, and the cost of marking and monumenting the boundary shall be paid in equal moieties by the two Governments. Article X. This Treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty; and the ratifications shall be exchanged in Wash- ington as soon as practicable. In faith whereof the respective Plenipotentiaries have signed this Treaty in duplicate and have hereunto affixed their seals. Done at Washington the 11th day of April in the year of our Lord one thousand nine hundred and eight. Elihu Eoot [seal.] James Bryce [seal.] 1908. Treaty Concerning Fisheries in United States and Canadian Waters. Concluded April 11, 1908; ratification advised hy the Senate April 17, 1908; ratified hy the President May 11, 1908; ratifications ex- changed June J^, 1908; proclaimed July 1, 1908. Articles. I. International Fisheries Commis- sion. II. Duties of Commission. III. Enforcement of regulations. IV. Waters in which regulations ap- plicable. V. Duration of Commission. VI. Duration of regulations. VII. Ratification. The United States of America and His Majesty Edward the Sev- enth, of the United Kingdom of Great Britain and Ireland, and of • the British Dominions beyond the Seas, King, and Emperor of India, equally recognizing the desirability of uniform and effective measures for the protection, preservation, and propagation of the food fishes in the waters contiguous to the United States and the Dominion of Canada, have resolved to conclude a Convention for these purposes, and have named as their Plenipotentiaries : The President of the United States of America, Elihu Eoot, Sec- retary of State of the United States ; and His Britannic Majesty, the Eight Honorable James Bryce, O. M., His Majesty’s Aimbassador Extraordinary and Plenipotentiary at Washin^on; Who, having exchanged their full powers, found in due form, have agreed to and signed the following articles ; Article I. The times, seasons, and methods of fishing in the waters contiguous to the United States and Canada as specified in Article IV of this 828 TBEATIES, CONVENTIONS, ETC. Convention, and the nets, engines, gear, apjDaratus, and appliances which may be used therein, shall be fixed and determined by uniform and common international regulations, restrictions, and provisions; and to that end the High Contracting Parties agree to appoint, within three months after this Convention is proclaimed, a Commission to be known as the International Fisheries Commission, consisting of one person named by each Government. Aeticle II. It shall be the duty of this International Fisheries Commission, within six months after being named, to prepare a system of uniform and common International Regulations for the protection and pres- ervation of the food fishes in each of the waters prescribed in Article IV of this Convention, which Regulations shall embrace close seasons, limitations as to the character, size, and manner of use of nets, engines, gear, apparatus, and other appliances; a uniform system of registry by each Government in waters where required for the more convenient regulation of commercial fishing by its own citizens or subjects within its own territorial waters or any part of such waters; an arrangement for concurrent measures for the propagation of fish ; and such other provisions and measures as the Commission shall deem necessary. Article III. The two Governments engage to put into operation and to enforce by legislation and executive action, with as little delay as possible, the Regulations, restrictions, and provisions with appropriate pen- alties for all breaches thereof; and the date when they shall be put into operation shall be fixed by the concurrent proclamations of the President of the United States and the Governor-General of the Dominion of Canada in Council. And it is further agreed that jurisdiction shall be exercised by either Government, as well over citizens or subjects of either party apprehended for violation of the Regulations in any of its own waters to which said Regulations apply, as over its own citizens or subjects found within its own jurisdiction who shall have violated said Regu- lations within the waters of the other party. Article IV. It is agreed that the waters within which the aforementioned Reg- ulations are to be applied shall be as follows: (1) The territorial waters of Passamaquoddy Bay; (2) the St. John and St. Croix Rivers; (3) Lake Memphremagog; (4) Lake Champlain ; (5) the St. Lawrence River, where the said River constitutes the International Boundary; (6) Lake Ontario; (7) the Niagara River; (8) Lake Erie; (9) the waters connecting Lake Erie and Lake Huron, including Lake St. Clair; (10) Lake Huron, excluding Georgian Bay but including North Channel; (11) St. Mary’s River and Lake Superior; (12) Rainy River and Rainy Lake; (13) Lake of the Woods; (14) the Strait of San Juan de Fuca, those parts of Washington Sound, the Gulf of Georgia and Puget Sound lying between the parallels of 48° GBEAT BRITAIN — ^1908. 829 10' and 49° 20' ; (15) and such other contiguous waters as may be rec- ommended by the International Fisheries Commission and approved by the two Governments. It is agreed on the part of Great Britain that the Canadian Government will protect by adequate regulations the food fishes frequenting the Fraser River. The two Governments engage to have prepared as soon as prac- ticable charts of the waters described in this Article, with the Inter- national Boundary Line indicated thereon; and to establish such additional boundary monuments, buoys, and marks as may be recom- mended by the Commission. Article V. The International Fisheries Commission shall continue in existence ^ so long as this Convention shall be in force, and each Government j shall have the power to fill, and shall fill from time to time, any vacancy which may occur in its representation on the Commission. Each Government shall pay its own Commissioner, and any joint i expenses shall be paid by the two Governments in equal moieties. i Article "VT. The Regulations, restrictions, and provisions provided for in this Convention shall remain in force for a period of four years from the date of their executive promulgation, and thereafter until one year from the date when either the Government of the United States or of I Great Britain shall give notice to the other of its desire for their revision ; and immediately upon such notice being given the Commis- sion shall proceed to make a revision thereof, which Revised Regula- tions, if adopted and promulgated by the President of the United . States and the Governor-General of Canada in Council, shall remain I in force for another period of four years and thereafter until one year I from the date when a further notice of revision is given as above provided in this Article. It shall, however, be in the power of the two Governments, by joint or concurrent action upon the recommen- dation of the Commission, to make modifications at any time in the Regulations. Article VII. The present Convention shall be duly ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty, and the ratifications shall be exchanged in Washington as soon as practicable. In faith whereof, the respective Plenipotentiaries have signed the present Convention in duplicate, and have thereunto affixed their seals. Done at Washington the 11th day of April, in the year of our Lord one thousand nine hundred and eight. Elihu Root [seal.] James Bryce [seal.] 830 TBEATIES, CONVENTIONS, ETC. 1908. Treatt in Reference to Reciprocal Rights for United States and Canada in the Matters of Conveyance of Prisoners and Wreck- ing AND Salvage. Concluded May 18, 1908 ; ratification advised Toy the Senate May 20, 1908; ratified Toy the President June 19, 1908; ratifications ex- changed June 30, 1908; 'proclaimed July 10, 1908. Articles. I. Conveyance of prisoners. I III. Duration. II. Wrecking and salvage. I IV. Ratification. The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, being desirous to make provision for the conveyance of persons in lawful custody for trial or punishment eitlier in the United States or the Dominion of Canada through the territory of the other, and for reciprocal rights in wrecking and salvage in the waters contiguous to the boundary between the United States and the Dominion of Canada, have for that purpose resolved to conclude a treaty, and to that end have appointed as their plenipotentiaries: The President of the United States of America, Robert Bacon, Act- ing Secretary of State of the United States; and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, the Right Honorable James Bryce, O. M., His Ambassador Extraordinary and Plenipotentiary at Washington; who, after communicating to each other their respective full powers, which were found to be in due and proper form, have agreed to and concluded the following articles: Article I. CONVEYANCE OF PRISONERS. Any officer of the United States of America or of any state or terri- tory thereof, having in his custody without the borders of Canada, by virtue of any warrant or any other lawful process issued by authority of the United States or of any state or territory thereof, any person charged with or convicted of any of the criminal offences specified below, committed within the jurisdiction of the United States or of any state or territory thereof, may, in executing such warrant or process, convey such person through any part of Canada to a place in the United States, if such warrant or process is endorsed, or nacked, by a judge, magistrate or justice of the peace in Canada, or if the authority of the Minister of Justice of Canada for such conveyance is first obtained. During such conveyance of such person through Canada, such officer may keep such person in his custody, and in case of escape may recapture him. Any officer of the Dominion of Canada or of any province or terri- tory thereof, having in his custody without the borders of the United 831 ■ = -GHteAT BRITAIN ^1908. "V States of America, by virtue of any warrant or any other lawful process issued by authority of the law of the Dominion or of any province or territory thereof, any person charged with or convicted of any of the criminal offences specified below, committed in Canada, may, in executing such warrant or process, convey such person through any part of the United States to a place in Canada, if such warrant or process is endorsed, or backed, by a judge, magistrate or justice of the peace in the United States, or if the authority of the Secretary of State of the United States for such conveyance is first obtained. During such conveyance of such person through the United States, such officer may keep such person in his custody, and in case of escape may recapture him. The foregoing provision shall apply only to persons charged with or convicted of offences of the following descriptions : 1. Offences for which extradition is at the time authorized by a treaty in force between the United States and Great Britain. 2. Assault with intent to commit grievous bodily harm. 3. Assault upon an officer of the law in the execution of his duty. The United States and the Dominion of Canada may by concur- rent legislation make further or other regulations for authenticat- ing the warant or process under which the person in custody is to be conveyed, as before provided. Article II WRECKING AND SALVAGE. The High Contracting Parties agree that vessels and wrecking appliances, either from the United States or from the Dominion of Canada, may salve any property wrecked and may render aid and assistance to any vessels wrecked, disabled or in distress in the waters or on the shores of the other country in that portion of the St. Lawrence Eiver through which the International Boundary line extends, and, in Lake Ontario, Lake Erie, Lake St. Clair, Lake Huron, and Lake Superior, and in the Rivers Niagara, Detroit, St. Clair, and Ste Marie, and the Canals at Sault Ste Marie, and on the shores and in the waters of the other country along the Atlantic and Pacific Coasts within a distance of thirty miles from the International Boundary on such Coasts. It is further agreed that such reciprocal wrecking and salvage privileges shall include all necessary towing incident thereto, and that nothing in the Customs, Coasting or other laws or regulations of either country shall restrict in any manner the salving operations of such vessels or wrecking appliances. Vessels from either country employed in salving in the waters of the other shall, as soon as practicable afterwards, make full report at the nearest custom house of the country in whose waters such salving takes place. Article III. This Treaty shall remain in force for ten years after its date and thereafter until terminated by twelve months’ written notice given by either High Contracting Party to the other. , 832 TREATIES, CONVENTIONS, ETC. i Article IV. This Treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty; and the ratifications shall be exchanged in Wash- ington as soon as possible. In faith whereof the respective Plenipotentiaries have signed this Treaty in duplicate and have hereunto affixed their seals. Done at Washington the eighteenth day of May, in the year of our Lord one thousand nine hundred and eight. Egbert Bacon [seal] James Bryce [seal] 1908.“ Agreement Effected by Exchange or Notes Concerning Newfoundland Fisheries. Signed at London^ July 15-23, 1908. The British foreign office to the American Ambassador. - Foreign Office, July 15, 1908. Your Excellency, On the 18th ultimo Your Excellency pro- posed on behalf of the United States Government that, as arbitra- tion in regard to the Newfoundland fisheries question could not be arranged before the forthcoming fishery season, the “ modus vivendi ” of last year should be renewed with the same elasticity as before for the parties concerned to make local arrangements satis- factory to both sides. I have the honor to inform Your Excellency that the Newfound- land government, having been consulted on the subject, have ex- pressed the desire that the herring fishery during the ensuing season should be commenced on the same principles as in the season of 1907, and formally undertake to permit during this year the conduct of the herring fishery as last year. As the arrangements for last year were admittedly satisfactory to all concerned in the fishing. His Majesty’s Government hope that the United States Government will see their way to accept this formal assurance on the part of the Newfoundland government as a satis- factory arrangement for the season of 1908. It this course be adopted it would seem unnecessary to enter into any further formal arrange- ments, seeing that the communication of this assurance to the United States Government and its acceptance by them would be tantamount to a modus vivendi. I have the honor to be, with the highest consideration, your excel- lency’s most obedient, humble servant. For Sir Edward Grey, Louis Mallet. His excellency the Honorable Whitelaw Reid, etc., etc., etc. The Ameiican ambassador to the British foreign office. American Embassy, London, July 23, 1908. Sir, The reply, in your letter of July 15, 1908, to my proposal of June 18th, for a renewal of last year’s modus vivendi for the ap- “ See modus vivendi 1909, p. 844. GREAT BRITAIN 1908. 833 preaching Newfoundland fisheries season, with the same elasticity as before for local arrangements, has been duly considered. I am gratified to learn that the Newfoundland Government was so well satisfied with the result of these arrangements under the modus vivendi for last year that it offers a formal undertaking that the American fishermen shall be permitted to conduct the herring fish- eries this year in the same way. It is proper to obseri^e that our fishermen would have preferred last year, and would prefer now to work the fisheries with purse seines, as heretofore, as provided in the modus vivendi. But they yielded last year to the strong wishes of the Newfoundland Government in this matter, and joined in the arrangement under the elastic clause at the close of the modus vivendi by which, with the approval of the British and American Governments, they gave up the use of purse seines in return for certain concessions. I must reserve their right to this use, as heretofore enjoyed, as not now abandoned, and there- fore to be duly considered in the pending arbitration before the Hague Tribunal. But with this reservation and with the approval of my Govern- ment, I now have pleasure in accepting the offer that the herring fish- ery during the ensuing season shall be conducted on the same prin- ciples as in the season of 1907, and the formal undertaking against interference with this by the Newfoundland Government, as a sub- stantial agreement on my proposal of June 18th. We unite also with you in regarding this exchange of letters as con- stituting in itself a satisfactory agreement for the season of 1908, without the necessity for any further formal correspondence. I am glad to add that Mr. Alexander of the United States Fish Commission, will be sent again this year to the treaty shore, and that my Government feels sure that, through his influence, there will be general willingness to carry out the spirit of the understanding, and work on the lines of least resistance. I have the honor to be, with the highest consideration. Sir, your most obedient humble servant, Whitelaw Keid. The right honorable Sir Edward Grey, Bart., etc., etc., etc. [Modus Vivendi Between the United States and Great Britain IN Regard to Inshore Fisheries on the Treaty Coast oe New- foundland.® AGREEMENT EFFECTED BY EXCHANGE OF NOTES AT LONDON SEPTEMBER 4r~6, 1907. The American ambassador to the British foreign offlee. American Embassy, London, September If, 1907. Sir : I am authorized by my Government to ratify a Modus Vivendi in regard to the Newfoundland fishery question, as follows : It is agreed that the fisheries shall be carried on during the present year sub- stantially as they were actually carried on for the most of the time by mutual agreement, under the Modus Vivendi of 1906. “ Reprinted in State Department print of modus vivendi, 1908. 24449— VOL 1-10- 53 834 TREATIES, CONVENTIOKS, ETC, (1) It is understood that His Majesty’s Government will not bring into force the Newfoundland foreign fishing vessels act of 1906, which imposes on Amer- ican fishing vessels certain restrictions in addition to those imposed by the act of 1905, and also that the provisions of the first part of Section One of the act of 1905, as to boarding and bringing into port, and also the whole of Section three of the same act, will not be regarded as applying to American fishing vessels. (2 In consideration of the fact that the shipment of Newfoundlanders by American fishermen outside the three-mile limit is not to be made the basis of interference or to be penalized, my Government waives the use of purse seines by American fishermen during the term governed by this agreement, and also waives the right to fish on Sundays. (3) It is understood that American fishing vessels will make their shipment of Newfoundlanders, as fishermen, sufficiently far from the exact three-mile limit to avoid reasonable doubt. (4) It is further understood that American fishermen will pay light dues when not deprived of their rights to fish, and will comply with the provisions of the colonial customs law as to reporting at a custom house when physically possible to do so. I need not add that my Government is most anxious that the provisions of this Modus Vivendi should be made effective at the earliest possible moment, and that, in view of this, and of the actual presence of our fishing fleet on the treaty shore, we do not feel that an exchange of ratifications should be longer delayed. But my Government has every desire to make the arrangement, pend- ing arbitration, as agreeable as possible to the Newfoundland authorities con- sistent with the due safeguarding of treaty rights which we have enjoyed for nearly a century. If, therefore, the proposals you have recently shown me from thp Premier of Newfoundland or any other changes in the above Modus Vivendi should be proposed by mutual agreement between the Newfoundland author- ities and our fishermen, having due regard to the losses that might be incurred by a change of plans so long after preparations for the season’s fishing had been made and the voyage begun, my Government wall be ready to consider such changes with you iu the most friendly spirit, and if found not to compromise our rights, to unite w'ith you in ratifying them at once. I am glad to be assured by you that this note will be considered as sufficient ratification of the Modus Vivendi on the part of my Government. I have the honor to be, with the highest consideration. Sir, Your most obedient humble servant, Whitelaw Reid. The Right Honorable Sir Edward Grey, Baronet, &c &c &c The British Foreign Office to the American Ambassador, Foreign Office, September 6th, 1907. Yotjr Excellency. I have the honour to acknowledge the receipt of Your Ex- cellency’s note of the 4th instant, containing the terms of the Modus Vivendi with regard to the Newfoundland fisheries, — which you are authorized by your Government to ratify. I am glad to assure your Excellency that His Majesty’s Government agrees to the terms of the Modus Vivendi and that your Excellency’s note wiU be con- sidered by His Majesty's Government as a sufficient ratification of that arrange- ment on the part of His Majesty’s Government. His Majesty’s Government fully shares the desire of your Government that the provisions of the Modus Vivendi should be made effective at the earliest possible moment, and the necessary steps will be taken by His Majesty’s Government to secure its observance. His Majesty’s Government takes note of the conciliatory offer of the United States Government to consider in a most friendly spirit any changes in the Modus Vivendi which may be agreed upon locally between the Newfoundland authorities and the United States fishermen and which may be acceptable both to the United States Government and to His Majesty’s Government. I have the honour to be, with the highest consideration. Your Excellency’s most obedient humble servant, E. Grey]. His excellency The Honorable Whitelaw Reid, &c &c &c GKEAT BRITAIN 1909. 835 1909. Special Agreement, Submitting to Arbitration the North At- lantic Coast Fisheries. Signed January 27,, 1909; ratification advised Toy the Senate Feloruary 18, 1909; confirmed Toy exchange of notes March 4, 1909. Articles. I. Questions to be submitted. II. Legislative or executive acts to be considered. III. Commission of experts. IV. Rules and method of procedure for future. V. Tribunal to be chosen from Per- manent Court, Hague. Special Agreement for the Submission of Questions Relating to Fisheries on the North Atlantic Coast under the General Treaty of Arbitration Concluded between the United States and Great Britain on the Ifth day of April, 1908. Article I. Whereas, by Article I of the Convention signed at London on the 20th day of October, 1818, betvreen the United States and Great Britain, it was agreed as follows : 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 Britannic Majesty’s Dominions in America, it is agreed between the High Contracting Parties, that the Inhabitants of the said United States shall have forever, in common with the Subjects of His Britannic Majesty, the Liberty to take Fish of every kind on that part of the Southern Coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the Western and Northern Coast of Newfoundland, from the said Cape Ray to the Quirpou Islands on the shores of the Magdalen Islands, and also on the Coasts, Bays, Harbours, and Creeks from Mount Joly on the Southern Coast of Labrador, to and through the Sti’aits of Belleisle and thence Northwardly indeflnitely along the Coast, without prejudice however, to any of the exclusive Rights of the Hudson Bay Company; and that the American Fishermen shall also have liberty forever, to dry and cure Fish in any of the unsettled Bays, Harbours, and Creeks of the Southern part of the Coast of Newfoundland 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 law- ful for the said Fishermen to dry or cure Fish at such Portion so settled, with- out previous agreement for such purpose with the Inhabitants, Proprietors, or Possessors of the ground. — And the United States hereby renounce forever, any laberty 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 Harbours of His Britannic Majesty’s Dominions in America not included within the above mentioned limits; provided, however, that the American Fish- ermen shall be admitted to enter such Bays or Harbours for the purpose of Shelter and of repairing damages therein, of purchasing Wood, and of obtaining Water, and for no other purpose whatever. But they shall be under such Restrictions as may be necessary to prevent their taking, drying or curing Fish therein, or in any other manner whatever abusing the Privileges hereby reserved to them. And, whereas, differences have arisen as to the scope and meaning of the said Article, and of the liberties therein referred to, and other- VI. Pleadings; procedure. VII. Copy of documents to be fur- nished. VIII. Meeting of tribunal. IX. Decision. X. Revision of award. XI. Ratification. 836 TREATIES, CONVENTIONS, ETC. wise in respect of the rights and liberties which the inhabitants of the United States have or claim to have in the waters or on the shores therein referred to: It is agreed that the following questions shall be submitted for decision to a tribunal of arbitration constituted as hereinafter pro- vided : Question 1. To what extent are the following contentions or either of them justified? It is contended on the part of Great Britain that the exercise of the liberty to take fish referred to in the said Article, which the inhabit- ants of the United States have forever in common with the subjects of His Britannic Majesty, is subject, without the consent of the United States, to reasonable regulation by Great Britain, Canada, or Newfoundland in the form of municipal laws, ordinances, or rules, as, for example, to regulations in respect of (1) the hours, days, or seasons when fish may be taken on the treaty coasts; (2) the method, means, and implements to be used in the taking of fish or in the carry- ing on of fishing operations on such coasts; (3) any other matters of a similar character relating to fishing; such regulations being reasonable, as being, for instance — (a.) Appropriate or necessary for the protection and preservation of such fisheries and the exercise of the rights of British subjects therein and of the liberty which by the said Article I the inhabitants of the United States have therein in common with British subjects; (6) Desirable on grounds of public order and morals; (c) Equitable and fair as between local fishermen and the inhabit- ants of the United States exercising the said treaty liberty and not so framed as to give unfairly an advantage to the former over the latter class. It is contended on the part of the United States that the exercise of such liberty is not subject to limitations or restraints by Great Britain, Canada, or Newfoundland in the form of municipal laws, ordinances, or regulations in respect of (1) the hours, days, or sea- sons when the inhabitants of the United States may take fish on the treaty coasts, or (2) the method, means, and implements used by them in taking fish or in carrying on fishing operations on such coasts, or (3) any other limitations or restraints of similar character — (:ument showing the points ard referring to the evidence upon which it relies. The time fixed by this Agreement for the delivery of the case, counter-case, or argument, and for the meeting of the Tribunal, may be extended by mutual consent of the Parties. Article IX, The decision of the Tribunal shall, if possible, be made within two months from the close of the arguments on both sides, unless on the request of the Tribunal the Parties shall agree to extend the period. It shall be made in writing, and dated and signed bj^ each member of the Tribunal, and shall be accompanied by a statement of reasons. A member who may dissent from the decision may record his dis- sent when signing. The language to be used throughout the proceedings shall be English. Article X. Each Party reserves to itself the right to demand a revision of the award. Such demand shall contain a statement of the grounds on which it is made and shall be made within five days of the promulga- tion of the award, and shall be heard b}^ the Tribunal within ten days thereafter. The Party making the demands shall serve a copy of the same on the opposite Party, and both Parties shall be heard in argu- ment by the Tribunal on said demand. The demand can only be made on the discovery of some new fact or circumstance calculated to exer- cise a decisive influence upon the award and which was unknown to the Tribunal and to the Party demanding the revision at the time the discussion was closed, or upon the ground that the said award does not fully and sufficiently, within the meaning of this Agreement, determine any question or questions submitted. If the Tribunal shall allow the demand for a revision, it shall afford such opportunity for further hearings and arguments as it shall deem necessary. Article XI. The present Agreement shall be deemed to be binding only when confirmed by the two Governments by an exchange of notes. In witness whereof this Agreement has been signed and sealed by the Secretary of State of the United States, Elihu Boot, on behalf of GREAT BRITAIN 1909. 841 the United States, and by His Britannic Majesty’s Ambassador at Washington, The Eight Honorable James Bryce, O. M., on behalf of Great Britain. Done at Washington on the 27th day of January, one thousand nine hundred and nine. Elihg Koot [seal.] James Bryce [seal.] Department or State, Washington, January 27, 1909. Excellency : In order to place officially on record the understand- ing already arrived at by us in preparing the special agreement which we have signed today for the submission of questions relating to fisheries on the North Atlantic Coast under the general Treaty of Arbitration concluded between the United States and Great Britain on the fourth day of April, 1908, 1 have the honor to declare on behalf of the Government of the United States that Question 5 of the series submitted, namely, “From where must be measured the ‘three marine miles of any of the coasts, bays,, creeks, or harbors ’ referred to in the said Article ” is submitted in its present form with the agreed understanding that no question as to the Bay of Fundy, considered as a whole apart from its bays or creeks, or as to innocent passage though the Gut of Canso is included in this question as one to be raised in the present Arbitration ; it being the intention of the parties that their respective views or contentions on either subject shall be in no wise prejudiced by anything in the present Arbitration. I have the honor to be, with the highest respect. Your Excellency’s most obedient servant, Elihg Root His Excellency The Right Honorable James Bryce, O. M., Ambassador of Great Britain. British Embassy, W ashington, January 27, 1909. Sir, I have the honour to acknowledge your note of to-day’s date and in reply have to declare on behalf of His Majesty’s Government, in order to place officially on record the understanding already ar- rived at by us in preparing the special Agreement which we have signed to-day for the submission of questions relating to fisheries on the North Atlantic Coast under the general Treaty of Arbitration concluded between Great Britain and the United States on the 4th day of April, 1908, that Question 5 of the series submitted, namely, “ From where must be measured the ‘ three marine miles of any of the coasts, bays, creeks or harbours ’ referred to in the said Article ” is submitted in its present form with the agreed understanding that no question as to the Bay of Fundy, considered as a whole apart from its bays and creeks, or as to innocent passage through the Gut of Canso is included in this question as one to be raised in the present 842 TREATIES, CONVENTIONS, ETC. arbitration ; it being the intention of the parties that their respective views or contentions on either subject shall be in no wise prejudiced by anything in the present arbitration. I have the honour to be, With the highest consideration, Sir, your most obedient, humble Servant, James Bryce The Honourable Elihu Root, etc.^ etc.^ etc., Secretary of State. Departsient of State, Washington, February 21, 1909. Excellency: I have the honor to inform you that the Senate, by its resolution of the 18th instant, gave its advice and consent to the ratification of the Special Agreement between the United States and Great Britain, signed on J anuary 27, 1909, for the submission to the Permanent Court of Arbitration at The Hague of questions relating to fisheries on the north Atlantic Coast. In giving this advice and consent to the ratification of the Special Agreement, and as a part of the act of ratification, the Senate states in the resolution its understanding — “ that it is agreed by the United States and Great Britain that question 5 of the series submitted, namely, ‘ from where must be measured the three marine miles of any of the coasts, bays, creeks or harbors referred to in said Article ? ’ does not include any question as to the Bay of Fundy, considered as a whole apart from its bays or creeks, or as to innocent passage through the Gut of Canso, and that the respective views or conten- tions of the United States and Great Britain on either subject shall be in no wise prejudiced by anything in the present arbitration, and that this agreement on the part of the United States will be mentioned in the ratification of the special agreement and will, in effect, form part of this special agreement.” In thus formally confirming what I stated to you orally, I have the honor to express the hope that you will in like manner formally con- firm the assent of His Majesty’s Government to this understanding which 3^ou heretofore stated to me orally, and that you will be pre- pared at an early day to exchange the notes confirming the Special Agreement as provided for therein and in the general arbitration convention of June 5, 1908. I have the honor to be, with the highest consideration. Your Excellency’s most obedient servant, Robert Bacon His Excellency The Right Honorable James Bryce, O. M., Ambassador of Great Britain. British Embassy, Washington, March 4, 1909. Sir, I have the honour to acknowledge the receipt of your note informing me that the Senate of the United States has approved the GEEAT BEITAIN — ^1909. 843 Special Agreement for the reference to arbitration of the questions relating to the fisheries on the North Atlantic Coast and of the terms of the Resolution in which that approval is given. It is now my duty to inform you that the Government of His Britannic Majesty confirms the Special Agreement aforesaid and in so doing confirms also the understanding arrived at by us that Ques- tion V of the series of Questions submitted for arbitration, namely from where must be measured the “ three marine miles of any of the coasts, bays, creeks, or harbours ” referred to in the said article, is submitted in its present form with the agreed understanding that no question as to the Bay of Fundy considered as a whole apart from its bays or creeks, or as to innocent passage through the Gut of Canso, is included in this question as one to be raised in the present arbitration, it being the intention of the Parties that their respective views or contentions on either subject shall be in no wise prejudiced by any- thing in the present arbitration. This understanding is that which was embodied in notes exchanged between your predecessor and myself on January 27th, and is that expressed in the abovementioned Resolution of the Senate of the United States. I have the honour to be, with the highest respect. Sir, Your most obedient, humble Servant, James Bryce The Honourable Robert Bacon, Secretary of State. Department of State, Washington, March J, 1909. Excellency : I have the honor to acknowledge the receipt of your note of the 4th instant in which you confirm the understanding in the matter of the Special Agreement submitting to arbitration the differences between the Governments of the United States and Great Britain concerning the North Atlantic fisheries, as expressed in the Resolution of the Senate of February 18, 1909, and as previously agreed upon by the interchange of notes with my predecessor of January 27, 1909. I therefore have the honor to inform you that this Government considers the Special Agreement as in full force and effect from and after the 4th day of March, 1909. I have the honor to be, with the highest consideration. Your Excel- lency’s most obedient servant, Robert Bacon His Excellency The Right Honorable James Bryce, O. M., Ambassador of Great Britain. IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES. February 18, 1909. Resolved {two-thirds of the Senators present concurring therein'). That the Senate advise and consent to the ratification of a special agreement between the United States and Great Britain for the sub- 844 TREATIES, CONVENTIONS, ETC. mission to the permanent court of arbitration at The Hague of questions relating to fisheries on the north Atlantic coast, signed on the 27th day of January, 1909. In giving this advice and consent to the ratification of the said special agreement, and as a part of the act of ratification, the Senate understands that it is agreed by the United States and Great Britain that Question 5 of the series submitted, namely, “ from where must be measured the ‘ three marine miles of any of the coasts, bays, creeks, or harbors ’ referred to in the said Article,” does not include any question as to the Bay of Fundy, considered as a whole apart from its ba3’S, or creeks, or as to innocent j^assage through the Gut of Canso, and that the respective views or contentions of the United States and Great Britain on either subject shall be in no wise preju- diced by anything in the present arbitration, and that this agree- ment on the part of the United States will be mentioned in the ratifi- cation of the special agreement and will, in efi'ect, form part of this special agreement, 1909. Agree^ient Effected by Exchange of Notes Concerning New- foundland Fisheries. Signed at London,^ July 22-September 8, 1909. The. AmeHcan Ambassador to the, BHtish Foreign O^ce. American Embassy, London,^ July 22nd., 1909. Sir, Inasmuch as under the provisions of the Special Agreement, dated January 27th, 1909, between the United States and Great Britain for the submission to arbitration of certain questions arising with respect to the North Atlantic Coast Fisheries, the decision of the Tribunal on such questions ivill not be rendered before the summer of 1910, and inasmuch as the Modus Vivendi entered into with Great Britain last July with respect to the Newfoundland Fisheries does not in terms extend beyond the season of 1908, my Government thinks it desirable that the Modus of last j^ear should be renewed for the com- ing season, and if possible until the termination of the Arbitration proceedings for the settlement of these questions. I am therefore instructed to propose such a renewal to His IMaj- esty’s Government, the understanding on both sides originally having been, as you may remember, that the ISIodus ivas entered into pending arbitration. I have the honour to be. with the highest consideration. Sir, Your most obedient, humble Servant, Whitelaw Eeid. The Eight Hon’’!® Sir Edward Grey, Bt., &c. &c. &c. The BHtish Foreign Oiftce to Charge Garter. . Foreign Office, Seytemher 8th, 1909. Sir, In reply to Mr. IVhitelaw Eeid’s note of July 22nd last I have the honour to state that His Majesty’s Government agi’ee to the renewal of the modus vivendi of 1908 for the regulation of the Newfoundland GREAT BRITAIN 1909. 845 Fisheries, until the termination of the arbitration proceedings before the Hague Tribunal for the settlement of the Atlantic Fisheries questions. His Majesty’s Government suggest that Mr. Whitelaw Reid’s note of July 22nd and my present reply should be regarded as constituting a sufficient ratification of the above understanding without the neces- sity for embodying it in a more foimal document. I have the honour to be, with high consideration, Sir, Your most obedient, humble Servant, E. Grey. J. R. Carter, Esq., &c. &c. &c. [TTie British Foreign Office to the American AmhassadorA Foeeign Office, July 15, 1908. Your Excellency, On the 18th ultimo Your Excellency proposed on behalf of the United States GoTernment that, as arbitration in regard to the Newfoundland fisheries question could not be arranged before the forthcoming fishery season, the “ modus viveudi ” of last year should be renewed with the same elasticity as before for the parties concerned to make local arrangements satisfactory to both sides, I have the honor to inform Your Excellency that the Newfoundland govern- ment, having been consulted on the subject, have expressed the desire that the herring fishery during the ensuing season should be conducted on the same prin- ciples as in the season of 1907, and formally undertake to permit during this year the conduct of the herring fishery as last year. As the arrangements for last year were admittedly satisfactory to all con- cerned in the fishing, His Majesty’s Government hope that the United States Government will see their way to accept this formal assurance on the part of the Newfoundland government as a satisfactory arrangement for the season of 1908. If this course be adopted it would seem unnecessary to enter into any further formal arrangements, seeing that the communication of this assurance to the United States Government and its acceptance by them would be tanta- obedient, humble servant, I have the honor to be, with the highest consideration, your excellency’s most obedient, humble servant. For Sir Edward Grey, Louis Mallet. His exceliency the Honorable Whitelaw Reid, etc., etc., etc. The American Ambassador to the British Foreign Office.. American Embassy, London, Jy,ly 28rd, 1908. Sir, The reply, in your letter of July 15, 1908, to my proposal of June 18th, for a renewal of last year’s modus viveudi for the approaching Newfoundland fisheries season, with the same elasticity as before for local arrangements, has been duly considered. I am gratified to learn that the Newfoundland Government was so well satis- fied with the result of these arrangements under the modus vivendi for last year that it offers a formal undertaking that the American fishermen shall be per- mitted to conduct the herring fisheries this year in the same way. It is proper to observe that our fishermen would have preferred last year, and would prefer now to work the fisheries with purse seines, as heretofore, as pro- vided in the modus vivendi of 1906. But they yielded last year to the strong wishes of the Newfoundland Government in this matter, and joined in the arrangement under the elastic clause at the close of the modus vivendi of 1907 by which, with the approval of the British and American Governments, they gave up also other claims in return for certain concessions. I must reserve their right to these and to purse seines, as heretofore enjoyed, as not now abandoned, and therefore to be duly considered in 'the pending arbitration before the Hague Tribunal. Reprinted in State Department print of modus vivendi, 1909, p. 844. 846 TREATIES, CONVENTIONS, ETC, But with this reservation and with the approval of my Government, I now have pleasure in accepting the offer that the herring fishery during the ensuing season shall be conducted on the same principles as in the season of 1907, and the formal undertaking against interference with this by the Newfoundland Government, as a substantial agreement on my proposal of June 18th. We unite also with you in regarding this exchange of letters as constituting in itself a satisfactory agreement for the season of 1908, without the necessity for any further formal correspondence. I am glad to add that Mr. Alexander of the United States Fish Commission, will be sent again this year to the treaty shore, and that my Government feels sure that, through his infiuence, there will be general willingness to carry out the spirit of the understanding and work on the lines of least resistance. I have the honor to be, with the highest consideration. Sir, your most obedient, humble servant, Whitlaw Reid. The right honorable Sir Edward Grey, Bt., etc., etc., etc.] [Modus Vivendi Between the United States and Great Britain IN Regard to Inshore Fisheries on the Treaty Coast of New- foundland.® AGREEMENT EFFECTED BY EXCHANGE OF NOTES AT LONDON SEPTEMBER 4-6, 1907. The American Ambassador to the British Foreign Office. American Embassy, London, September 4, 190T. Sib: I am authorized by my Government to ratify a Modus Vivendi in regard to the Newfoundland fishery question, as follows : It is agreed that the fisheries shall be carried on during the present year sub- stantially as they were actually carried on for the most of the time by mutual agreement, under the 2Iodus Vivendi of 1906. (1) It is understood that His Majesty’s Government will not bring into force the NewToundlaud foreign fishing vessels actof 1906, which imposes on American fishing vessels certain restrictions in addition to those imposed by the act of 1905, and also that the provisions of the first part of Section One of the act of 1905, as to boarding and bringing into port, and also the whole of Section three of the same act, will not be regarded as applying to American fishing vessels. (2) In consideration of the fact that the shipment of Newfoundlanders by American fishermen outside the three-mile limit is not to be made the basis of interference or to be penalized, my Government waives the use of purse seines by American fishermen during the term governed by this agreement, and also waives the right to fish on Sundays. (3) It is understood that American fishing vessels will make their shipment of Newfoundlanders, as fishermen, sufficiently far from the exact three-mile limit to avoid reasonable doubt. (4) It is further understood that American fishermen will pay light dues when not deprived of their rights to fish, and will comply with the provisions of the colonial customs law as to reporting at a custom house when physically possible to do so. I need not add that my Government is most anxious that the provisions of this Modus Vivendi should be made effective at the earliest possible moment, and that, in view of this, and of the actual presence of our fishing fieet on the treaty shore, we do not feel that an exchange of ratifications should be longer delayed. But my Government has every desire to make the arrangement, pend- ing arbitration, as agreeable as possible to the Newfoundland authorities con- sistent with the due safeguarding of treaty rights which we have enjoyed for nearly a century. If, therefore, the proposals you have recently shown me from the Premier of Newfoundland or any other changes in the above Modus Vivendi should be proposed by mutual agreement beUveen the Newfoundland au- thorities and our fishermen, having due regard to the losses that might be incurred by a change of plans so long after preparations for the season’s fishing had been made and the voyage begun, my Government will be ready to consider such Reprinted in State Department print of modus vlvendi. 1909. GKEAT BRITAIN — 1909. 847 changes with you in the most friendly spirit, and if foimd not to compromise our rights, to unite with you in ratifying them at once. I am glad to be assured by you that this note will be considered as sufficient ratification of the Models Vivendi on the part of my Government. I have the honor to be, with the highest consideration, Sir, Your most obedi- ent humble servant, Whitelaw Reid. The Right Honorable Sir Edwaed Grey, Baronet, &c &c &c The British Foreign Office to the American Ambassador. Foreign Office, September 6th, 1907. Totjb Excellency. I have the honour to acknowledge the receipt of Tour Ex- cellency’s note of the 4th instant, containing the terms of the Modus Vivendi with regard to the Newfoundland fisheries, — which you are authorized by your Government to ratify. I am glad to assure your Excellency that His Majesty’s Government agrees to the terms of the Modus Vivendi and that your Excellency’s note will be con- sidered by His Majesty’s Government as a sufficient ratification of that ar- rangement on the part of His Majesty’s Government. His Majesty’s Government fully shares the desire of your Government that the provisions of the Modus Vivendi should be made effective at the earliest possible moment, and the necessary steps will be taken by His Majesty’s Gov- ernment to secure its observance. His Majesty’s Government takes note of the concilatory offer of the United States Government to consider in a most friendly spirit any changes in the Modus Vivendi which may be agreed upon locally between the Newfoundland authorities and the United States fishermen and which may be acceptable both to the United States Government and to His Majesty’s Government. I have the honour to be, with the highest consideration. Your Excellency’s most obedient humble servant, E. Grey. His Excellency The Honorable Whitelaw Reid, &c &c &c] GREECE. 1837. Treaty of Commerce and Navigation.® Concluded December 22, 1837 ; ratification advised by the Senate March 26, 1838; ratified by the President April 12, 1838; ratifica- tions exchanged June 13, 1838; proclaimed August 30, 1838. Aeticles. I. Freedom of commerce. II. Tonnage duties, etc. III. Imports. IV. Exports. V. Coasting trade. VI. Government purchases. VII. Navigation duties. VIII. No discriminating prohibitions. IX. Transit, bounties, and drawbacks. X. Vessels entering without unload- ing. XI. Unloading part of cargo. [These articles abrogated by "xiV I concluded Nov. 19, 1902. XV. Quarantine. XVI. Blockades. XVII. Duration. XVIII. Ratification. The United States 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 sub- sisted between their respective States; of extending, also, and con- solidating 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, agTeed to enter into negotiations for the con- clusion of a treaty of commerce and navigation, and for that purpose have appointed Plenipotentiaries: The President of the United States of America, Andrew Stevenson, Envoy Extraordinary and Minister Plenipotentiary of the United States near the court of Her Britannic Majesty; and His Majesty the King of Greece, Spiridion Tricoupi, Councillor of State on Special Service, his Envoy Extraordinary and Minister Plenipotentiary near the same court. Grand Commander of the Royal Order of the Saviour, Grand Cross of the American Order of Isabella the Catholic; Mdio, after having exchanged their full powers, found in good and due form, have agreed upon the following articles : Article I. The citizens and subjects of each of the two high contracting parties may, with all security for their persons, vessels, and cargoes, freely enter the ports, places, and rivers of the territories of the other, wher- “Articles XII, XIII, XIV abrogated by treaty of Nov. 19, 1902. 848 GKEECE 1837. 849 ever foreign commerce is permitted. They shall be at liberty to so- journ and reside in all parts whatsover of said territories; to rent and occupy houses and warehouses for their commerce; and they shall enjoy, generally, the most entire security and protection in their mer- cantile transactions, on conditions of their submitting to the laws and ordinances of the respective countries. Article II. Greek vessels arriving, either laden or in ballast, into the ports of the United States of America, from whatever place they may come, shall be treated, on their entrance, during their stay, and at their departure, upon the same footing as national vessels coming from the same place, with respect to the duties of tonnage, light-houses, pilot- age, and port charges, as well as to the perquisites of public officers, and all other duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local au- thorities, or of any private establishment whatsoever; and, recipro- cally, 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 coming 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 what- ever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishments whatsoever. Article III. All that may be lawfully imported into the United States of Amer- ica, in vessels of the said States, may also be thereinto imported in Greek vessels, from whatever place they may come, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local au- thorities, or of any private establishments whatsoever, than if imported in national vessels. And, reciprocally, all that may be lawfully imported into the Kingdom of Greece, in Greek vessels, may also be thereinto imported in vessels of the United States of America, from whatever place they may come, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establish- ments whatsoever, than if imported in national vessels. Article IV. All that may be lawfully exported from the United States of America, in vessels of the said States, may also be exported therefrom 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 establishments whatsoever, than if exported in national vessels. 24449— VOL 1-10 54 850 TREATIES, CONVENTIONS, ETC. And, reciprocally, all that may be lawfully exported from the Kingdom of Greece, in Greek vessels, may also be exported therefrom in vessels of the United States of America, without paying other or higher duties or charges of whatever kind or 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 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. Article VI. Each of the two high contracting parties engages not to grant in its purchases, or in those which might be made by companies or agents acting in its name, or under its authority, any preference to importations made in its own vessels, or in those of a third Power, over those made in the vessels of the other contracting party. Article VII. The two high contracting parties engage not to impose upon the navigation between their respective territories, in the vessels of either, any tonnage or other duties of any kind or denomination 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 os’ industry of the Kingdom of Greece, any prohibition, or restriction, of imiiortation or exportation, nor any duties of any kind or denomination whatsoever, unless such pro- hibitions, restrictions, and duties shall likewise be established upon articles of like nature, the growth of any other countriL And, reciprocally, there shall not be established in the Kingdom pi Greece, on the products of the soil or industry of the United States of America, any iirohibition or restriction of importation or expor- tation, nor any duties of any kind or denomination whatsoever, un- less such prohibitions, restrictions, and duties be likewise established upon articles 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 contracting parties, upon the importation or exportation of any article whatso- GEEECE — 1837. 851 ever, shall likewise be allowed on the articles of like nature, the products of the soil, or industry of the other contracting party, and on the importations and exportations made in its vessels. Article X. The citizens or subjects of one of the high contracting parties, arriving with their vessels on the coasts belonging to the other, but not wishing to enter the port; or, after having entered therein, not wishing to unload any part of their cargo, shall be at liberty to depart and continue their voyage without paying any other duties, imposts, or charges whatsoever, for the vessel and cargo, than those of pilotage, wharfage, and for the support of light-houses, when such duties shall be levied on national vessels in similar cases. It is understood, however, that they shall always conform to such regula- tions and ordinances concerning navigation and the places and ports which they may enter, as are, or shall be, in force with regard to na- tional 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 XI. It is further agreed that the vessels of one of the high contracting parties, having entered into the ports of the other, will be permitted to confine themselves to unloading such part only of their cargoes as the captain or owner may wish, and that they may freely depart with the remainder without j^aying 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 exhibiting the enumeration of the articles with which the vessel was laden; which manifest shall be presented entire at the custom-house of the place where the vessel shall have entered. Nothing shall be paid on that part of the cargo which the vessel shall carry away, and with which it may continue its voyage to one or several other ports of the same country, there to dispose of the remainder of its cargo, if com- posed of articles whose importation is permitted on paying the duties chargeable upon it, or it may proceed to any other countiy. It is understood, however, that all duties, imposts, or charges whatsoever, which are or may become chargeable upon the vessels themselves, 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 determined anew in the ports of the same country, which such vessels might afterwards wish to enter, unless national vessels be in similar cases subject to some ulterior duties. Article XII.“ Each of the high contracting parties grants to the other the privi- lege 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 exercise of their functions; but it is expressly declared that in case of illegal or im- Abrogated by convention of November 19, 1902. 852 TREATIES, CONVENTIONS, ETC. proper conduct with respect to the laws or Government of the country in which said Consuls, Vice-Consuls, or commercial agents shall reside, they may be prosecuted and punished conformably to the laws, and deprived of the exercise of their functions by the offended Govern- ment, which shall acquaint the other with its motives for having thus acted ; it being understood, however, that the archives and documents relative to the affairs of the consulate shall be exempt from all search, and shall be carefully preserved under the seals of the Consuls, Vice- Consuls, or commercial agents, and of the authority of the place where they may reside. The Consuls, Vice-Consuls, or commercial agents, or the persons duly authorized to supply their places, shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the cajitains and crews of the vessels belonging to the nation whose interests are committed to their charge without the interfer- ence of the local authorities, unless the conduct of the crews, or of the captain, should disturb the order or tranquillity of the country ; or the said Consuls, Vice-Consuls, or commercial agents should require their assistance to cause their decisions to be carried into effect or sup- ported. 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 XIII.“ The said Consuls, Vice-Consuls, or commercial agents are author- ized to require the assistance of the local authorities for the arrest, detention, and imprisonment of the deserters from the ships of war and merchant vessels of their country ; and for this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand said deserters, proving by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such 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 dis- posal 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 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 sjiace of two months, reckoning from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. It is understood, however, that if the deserter should b'^ found to have committed any crime or offence, his surrender may be delayed until the tribunal before which the case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. Article XIV.“ In case any vessel of one of the high contracting parties shall have been stranded or shipwrecked, or shall have suffered any other damage on the coasts of the dominions of the other, every aid and assistance shall be given to the persons shipwrecked or in danger, and passports shall be granted to them to return to their country. Abrogated by convention of November 19, 1902. GREECE — 1837. 853 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 acceptance of their services except in the same cases and after the same delays as shall be granted to the captains and crews of national vessels. Moreover, the respective Governments will take care that these companies do not commit any vexatious or arbitrary acts. Article XV. It is agreed that vessels arriving directly from the United States of America at a port within the dominions of His Majesty the King of Greece, or from the Kingdom of Greece at a port of the United States of America, and provided with a bill of health granted by an officer having competent power to that effect at the port whence such vessel shall have sailed, setting forth that no malignant or con- tagious diseases prevailed in that port, shall be subjected to no other quarantine than such as may be necessary for the visit of the health officer of the port where such vessels shall have arrived, aftei which said vessels shall be allowed immediately to enter and unload their cargoes: Provided, always, that there shall be on board nc person who, during the voyage, shall have been attacked with any maligmant or contagious diseases; that such vessels shall not during their passage have communicated with any vessel liable itself to undergo a quarantine, and that the country whence they came shall not at that time be so far infected or suspected that before their arrival an ordinance had been issued, in consequence of which all ■vessels coming from that country should be considered as suspected, and consequently subject to quarantine. Article XVI. 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 departure to be blockaded, shall not, however, be captured or condemned for having attempted a first time to enter said port, unless it can be proved that said vessel could and ought to have learned during its voyage that the blockade of the place in question still continued. But all vessels which, after having been warned off once, shall during the same voyage attempt a second time to enter the same blockaded port, during the continu- ance of said blockade, shall then subject themselves to be detained and condemned. Article XVII. The present treaty shall continue in force for ten years, counting from the day of the exchange of the ratifications, and if, before the expiration of the first nine years, neither of the high contracting parties shall have announced by an official notification to the other its intention to arrest the operation of said treaty, it shall remain 854 TREATIES, CONVENTION'S, ETC. binding for one year beyond that time, and so on, until the expira- tion of the t'vrelve months 'which will follow a similar notification, whatever the time at which it may take place. Article XVIII. The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate, and by His Majesty the King of Greece, and the ratifications to be exchanged at London within the space of twelve months from the signature, or sooner if possible. In faith whereof the respective Plenipotentiaries of the high con- tracting parties have signed the present treaty, both in English and French, and have affixed thereto their seals. Done in duplicate at London, the twen^T-second December, in the year of our Lord one thousand eight hundred and thirty-seven. [seal.] a. Stevenson. [seal.] S. Tricoupi. Protocol Explanatory of the Scope and Effect of Article 1 of THE Treaty Between the United States of America and Greece OF December 10-22, 1837. Protocol of a conference held at Athens on the day of 1890 between the Honorable A. Loudon Snou'den Minister Resi- dent of the United States of America and His Excellency Stephen Dragoumis^ Minister for Foreign Affairs of His Majesty the King of the Hellenes. In view of the desire of the Government of the United States and of that of His Hellenic Majesty to effect a reciprocal understanding in regard to the rights and remedies of associations organized under the laws of one of the countries, in the territories of the other, the IMinister of the United States declares that joint stock companies and other associations commercial industrial and financial constituted in conformity with the laws in force in Greece may exercise in the United States, the rights and privileges of subjects of Greece, under Article I of the Treaty of Commerce and navigation, between the Government of the United States and that of His Hellenic Majesty, concluded in London on the 10th.-22nd. of December 1837, including the right of appearing before tribunals for the purpose of bringing an action or of defending themselves with the sole condition that in exercising these rights they always conform to the laws and customs existing in the United States and the several States. The Hellenic Minister for Foreign Affairs declares on his part reciprocally, that similar rights and privileges shall be enjoyed by corporations of the United States in Greece, whether now or hereto- fore organized, or to be created in the future, pro-vided they likewise conform to the laws and customs of Greece. In testimony of which we have interchangeably signed this Pro- tocol Athens on the of 1890. A. Loudon Snowden [seal.] E, Dragoumis [seal.] GREECE — 1902. 855 [Appendix.] Article I of the Treaty of 1837. The Citizens and subjects of each of the two High Contracting Parties, may, with all security for their persons, vessels, and cargoes, freely enter the ports, places, and rivers of the Territories of the other, wherever Foreign Commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatso- ever of said territories ; to rent and occupy houses and warehouses for their commerce, and they shall enjoy generally, the most entire security and protec- tion in their Mercantile Transactions, on conditions of their submitting to the Laws and Ordinances of the respective Countries. 1902. Consular Convention. C onclud^d November 19, 1902 {December 2, 1902) ; ratification ad- vised by Senate Febmiary 16, 1903 ; ratified by President May 20, 1903; ratifications exchanged July 9, 1903; froclaimed July 11, 1903. Articles. I. Consular officers. II. Most - favored - nation consular privileges, etc. III. Exemptions. IV. Testimony by consuls. V. Arms and flag. VI. Iminunities of offices and ar- chives. VII. Acting officers. VIII. Vice-consuls and agents. IX. Application to authorities. X. Notarial powers. XI. Estates of deceased persons. XII. Shipping disputes. XIII. Deserters from ships. XIV. Damages to vessels at sea. XV. Shipwrecks and salvage. XVI. Examination on vessels. XVII. Ratification ; duration. The President of the United States of America and His Majesty the King of the Hellenes, being mutually desirous of defining the rights, privileges and immunities of consular officers in the two Coun- tries, deem it expedient to conclude a consular convention for that purpose, and have accordingly named as their Plenipotentiaries : The President of the United States of America, Charles S. Francis, Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Hellenes, His Majesty the King of the Hellenes, Alexander Th. Zaimis, Com- mander of the Eoyal Order of the Saviour, etc.. President of His Council, His Minister for Foreign Affairs, Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon the following articles: Article I. Each 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 conven- ient to recognize such officers. This reservation, however, shall not apply to one of the high contracting parties without also applying to every other power. 856 TBEATIES, CONVENTIONS, ETC. Article II. The consiils-general, consuls, vice-consuls and consular agents of the two high contracting parties shall enjoy reciprocally, in the states of the other, all the privileges, exemptions 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 enjoyment of the immunities thereto pertain- ing, 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 free of charge, and, on the exhibition of this instrument, they shall be per- mitted to enjoy the rights, privileges and immunities granted by this convention. Article III. Consuls-General, consuls, vice-consuls and consular agenfs, citizens of the State by which they are appointed, shall be exempt from pre- liminary arrest, except in the case of offences which the local legisla- tion qualifies as crimes and punishes as such; they shall be exempt from military billetings, from service in the regular army or navjq in the militia, or in the national guard; they shall likewise be exempt from all direct taxes, national, state or municipal, 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 engaged in any pro- fession, business or trade; but said officers shall in such case be sub- ject to the payment of the same taxes as would be paid by any other foreigner under the like circumstances. Article IV. Vdien a court of one of the two countries shall desire to receive the judicial declaration 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 olitain it oralty. It shall be the duty of such officer to comply with this request with as little delay as possible. In all criminal cases the a^ipearance in court of said consular officer shall be demanded, with all possible regard to the consular dignit}' and to the duties of his office. It shall be the duty of said consular officer to comply with this re- quest, without any delay which can be avoided. Nothing in the fore- going part of this article, however, shall be construed to conflict with the provisions of the sixth article of the amendments to the Constitu- tion 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. GBEECE — 1902. 857 Akticle V. Consuls-general, consuls, vice-consuls and consular agents may place over the outer door of their offices the arms of their nation, with this inscription : Consulate-General, or Consulate, or Vice-Consulate, or Consular Agency of the United States or of Greece. They may also raise the flag of their country on their offices. They may in like manner, raise the flag of their countr}’ over the boat em2Dlo3'ed by them in the port for the exercise of their functions. Akticle VI. The consular offices shall at all times be inviolable. The local au- thorities shall not, under any pretext, invade them. In no case shall they examine or seize the papers there deposited. In no case shall those offices be used as places of asylum. Vdien 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-consuls and consular agents, their chancellors or secre- taries, whose official character may have previous!}" been made known to the Department of State at Washington or to the Ministry of For- eign Affairs in Greece, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, prerogatives and immunities granted to the incumbents. Article VIII. Consuls-general and consuls may, so far as the laws of their country allow, with the approbation of their respective governments, appoint vice-consuls and consular agents in the cities, ports and places within their consular jurisdiction. These agents may be selected from among citizens of the United States or of Greece, or those of other countries. They shall be fur- nished with a regular commission, and shall enjoy the privileges stip- ulated for consular officers in this convention, subject to the excep- tions specified in articles 3 and I. Article IX. Consuls-general, consuls, vice-consuls and consular agents shall have the right to address the administrative and judicial authorities, whether in the United States of the Union, the States or the munic- ipalities, or in Greece, of the State, 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 Greece, 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. 858 TREATIES, CONVENTIONS, ETC. Article X. Consiils-general, consuls, vice-consuls and consular agents may take at their offices, at their private residence, at the residence of the par- ties, or on board ship the depositions of the captains and crews of ves- sels 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 con- tracts 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 the said consular officer may belong. Such papers and official documents, whether in the original, in copies or in translation, duly authenticated and legalized by the con- suls-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 Greece. Article XI. In the case of the death of any citizen of the United States in Greece, or of a Greek subject in the United States, without having any known heirs or testamentary executors by him appointed, the competent local authorities shall give information of the circumstance to the consular officers of the nation to which the deceased belongs, in order that the necessary information may be immediately forwarded to the parties interested. In all that relates to the administration and settlement of estates, the consular officers of the high contracting parties shall have the same rights and privileges as those accorded in the United States of America and Greece, respectively, to the consular officer of the most favored nation. Article XII. 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 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. In case any discord should happen on board of vessels of either party, in the territory or waters of the other, neither the Federal, State or Municipal Authorities or Courts in the United States, nor any Court or Authority in Greece, shall on any pretext interfere ex- cept when the said disorders are of such a nature as to cause or to 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 Authorities in Greece, shall not interfere 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 writ- ing to either the Federal, State or Municipal Courts or Authorities in the United States, or to any Court or Authority in Greece, and sup- GKEECE 1902. 859 ported 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 detention of those persons, shall be paid by the consular officers. Article XIII. The said consuls-general, consuls, vice-consuls and consular agents are authorized to requix’e the assistance of the local authorities for the arrest, detention and imprisonment of the deserters from the ships of war and merchant vessels of their country; and for this purpose they shall apply to the competent tribunals, judges and officers and shall, in writing, demand said deserters, proving by the exhibition of the registers of the vessels, the rolls of the crews, or by other official doc- uments, that such individuals formed part of the crews, and on this reclamation being thus substantiated the surrender shall not be re- fused. Such deserters, when arrested, shall be placed at the disposal of the said consuls-general, consuls, vice-consuls and consular agents, and may be confined in the public prisons at the request and cost of those who claim them, in order to be sent to the vessels to which they belonged, or to others of the same country. But if not sent back within the space of two months, reckoning from the day of their arrest, they shall be set at liberty, and shall not again be 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 car- ried into effect. Article XIV In the absence of an agreement to the contrary, between the own- ers, freighters and insurers, all damages suffered at sea, by the vessels of the two countries, whether they enter the respective ports volun- tarily or are forced by stress of weather or other cause, over which the officers 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 the said officers reside, or subjects of a third power, should be interested in these damages, and the parties cannot come to an amica- ble agreement, the competent local authorities shall decide. Article XV All operations relative to salvage of United States vessels wrecked upon the coasts of Greece, and of Greek vessels upon the coasts of the United States, shall be directed by the respective consuls-general, consuls, and vice-consuls of the two countries, and until their arrival, by the respective consular agents, where consular agencies exist. In places and ports where there is no such agency, the local author- ities shall give immediate notice of the shipwreck to the 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 pro- tection of persons and the preservation of property. 860 TREATIES, CONVENTIONS, ETC. The local authorities shall intervene only to preserve order, and to protect the interests of the salvors, if they do not belong to the crew of the wrecked vessel, and to secure the execution of the arrange- ments made for the entry and exportation of the merchandise saved. It is understood that such merchandise is not to be subjected to any custom-house charges, unless it be intended for consumption in the country in which the wreck took place. Article XVI Consuls-general, 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 examine tlie officers and crews, to examine the ship’s papers, to receive declarations concerning their voyage, their destination and the incidents of the voyage; also to draw up manifests and list of freight, to facilitate the entry and clearance of their vessels, and finally to accompa.ny the said officers or crews before the judicial or administrative authorities of the coun- try, to assist them as their interpreters or agents. The judicial authorities and custom-lxmse officials shall in no case proceed to the examination or search of merchant vessels without having given previous notice to the consular officers of the nation to which the said vessels belong, in order to enable 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 per- sons belonging to the crew, thus to prevent errors or false interpreta- tions which might impede the correct administration of justice. The notice to consuls, vice-consuls or consular agents shall name the hour fixed for such proceedings. Upon the non-appearance of the said ofiicers or their representatives, the case may be proceeded with in their absence. Article XVII. The present coni'ention shall remain in force for the space of ten years, counting from the day of the exchange of the ratifications, which shall be made in conformity with the respective constitutions of the two countries and exchanged at Athens as soon as possible. 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 dai- on which one of the parties shall have given such notice. This convention abrogates articles 12, 13 and 14 of the treaty of Commerce and Navigation concluded between the United States of America and Greece at London, December 10th/22d, 1837, the re- maining articles of such treat}’ continuing in force. In faith whereof, the respective plenipotentiaries have signed this convention in duplicate and have hereunto affixed their seals. N ovember Done at Athens the 19th/2d day of 1902 Charles S. Francis, (seal) {T2.) A. A. ZAiMH2. GUATEMALA. 1849.“ Treaty of Peace, Friendship, Commerce, and Navigation. Concluded March 3, 1849; ratificntion advised hy the Senate Septerru- her 24i 1850; time for exchange of ratifications extended hy the Senate September 27, 1850, and again June 7, 1852 ; ratified hy the President November 14, 1850; ratifications exchanged May 13, 1852; proclaimed July 28, 1852. Articles. I. Amity. II. Most favored nation. III. Navigation and trade. IV. Tonnage duties. V. Discrimination in duties. VI. Reciprocal privileges of citizens. VII. Embargo. VIII. Asylum for vessels. IX. Captures by pirates. X. Shipwrecks. XI. Disposition of property. XII. Reciprocal protection property rights. XIII. Religious liberty. XIV. Trade in war. XV. Neutral property. XVI. Contraband. XVII. Blockade. XVIII. Procedure in contraband. XIX. Blockade and siege. XX. Visitation and search. XXI. Ships’ papers in war. XXII. Convoys. XXIII. Prize courts. XXIV. Letters of marque. XXV. War. XXVI. Debts in war. XX■^TI. Exemptions of envoys. XXVIII. Mo.st favored nation, consuls. XXIX. Exequaturs. XXX. Rights of consuls. XXXI. Deserters. XXXII. Consular convention. XXXIII. Duration; ratification. The United States of America and the Eepiiblic 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 man- ner clear, distinct, and positive, the rules which shall in future be religiously observed between the one and the other, by means of a treaty or general convention of peace, friendship, commerce, and navigation. For this most desirable object the President of the United States of America has conferred full powers on Elijah Hise, Charge d’Affaires 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. Jose 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 friendship between the United States of America and the Eepublic “This treaty was terminated by notice November 4, 1874. 861 862 TEEATIES, CONVENTIONS, ETC. of Guatemala, in all the extent of their possessions and territories, and between their people and citizens respectively, without dis- tinction of persons or places. Article II. The United States of America and the Republic of Guatemala, de- siring to live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all, engage mutually not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensa- tion, if the concession was conditional. Article III. The two high contracting parties, being likewise desirous of plac- ing the commerce and navigation of their respective countries on the liberal basis of perfect equality and reciprocity, mutually agree that the citizens of each may frequent all the coasts and countries of the other, and reside and trade there in all kinds of produce, manufac- tures, 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 subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved to the parties respectively, according to their own separate laws. Article IV. They likewise agree that whatever kind of produce, manufacture, or merchandise of any foreign country can be from time to time lawfully imported into the United States in their own vessels, may be also imported in vessels of the Republic of Guatemala ; and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other; and, in like manner, that whatever kind of produce, manufacture, or merchandise of any foreign country can be from time to time lawfully imported into the Republic 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 im- portation be made in vessels of the one country or of the other. And they further agree that whatever maj^ be lawfully exported or re- exported from the one country in its own vessels to any foreign coun- try, may be in like manner exported or re-exported in vessels of the other country. And the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of the Republic 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 the Republic of Guatemala, and no higher or other duties shall be im- GUATEMALA — ^1849. 863 posed on the importation into the Republic of Guatemala of any arti- cles 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 Republic of Guatemala, respectively, than such as are payable on the exportation of the like articles to any other foreign country ; nor shall any prohibition be im- posed on the exportation or importation of any articles the produce or manufactures of the United States or of the Republic of Guate- mala, to or from the territories of the United States, or to or from the territories of the Republic of Guatemala, which shall not equally ex- tend 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 to manage themselves their own business in all the ports and places subject to the jurisdiction of each other, as well with respect to the consignment and sale of their goods and merchandise, by wholesale or retail, as with respect to the loading, unloading, and sending off their ships; 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 sub- jects or citizens of the most favoured nation. Article VII. The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, merchandise, or effects, for any military expedition, nor 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 forced to seek refuge or asylum in the rivers, bays, ports, or domin- ions of the other with their vessels, whether merchant or of war, pub- lic 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 repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage with- out 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 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 domin- ions 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, 864 TREATIES, CONVENTIOKS, ETC. Article X. When any vessel belonging to the citizens of either of the contract- ing parties shall be wrecked, foundered, or shall suffer any damage on the coasts, or within the dominions of the other, there shall be given to them all assistance and protection, in the same manner which is usual and customary with the vessels of the nation where the dam- age happens, permitting them to unload the said vessel (if necessary) of its merchandise and effects, without exacting for it any duty, impost, or contribution whatever, provided the same be exported. Article XI, The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament, or otherwise, and their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestato, and they may take pos- session thereof, 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 where said goods are or shall be subject to pay in like cases. And if, in the case of real estate, the said heirs would be pre- vented 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 respec- tive States. Article XII, Both the contracting parties promise and engage formally to give their special protection to the persons and property of the citizens of each other, of all occupations, who may be in the territories subject to the jiirisdietion of the one or of the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial recourse, on the same terms which are usual and cus- tomary with the natives or citizens of the country in which they may be ; for which they may enijilo^r, in defence of their rights, such advo- cates, solicitors, notaries, agents, and factors as thej^ 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 tri- bunals 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 contracting 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 “ The word Todo appears in the Spanish text but its equivalent all does not appear in the English text of the treaty. GUATEMALA ^1849. 865 their religious belief, so long as they respect the laws and established usages of the country. Moreover, the b^ies of the citizens of one of the contracting parties who may die in the territories of the other shall be buried in the usual burying-grounds, or in other decent or suitable places, and shall be protected from violation or disturbance. 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 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 merchandises 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 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 be- longing to the citizens of either of the contracting parties, although the whole lading or any part thereof should appertain to the enemies of 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 officers or soldiers, and in the actual service of the enemies ; provided, however, and it is hereby agreed, that the stipula- tions in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those Powers only who recognize this principle ; but if either of the two contracting parties shall be at war with a third and the other neutral, the flag of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not of others. Article XV. It is likewise agreed that in the case where the neutral flag of one of the contracting parties shall protect the property of the enemies of the other, by virtue of the above stipulation, it shall always be under- stood 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 conflscation, 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 par- ties agree that, two months having elapsed after the declaration, their citizens shall not plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy’s property, in that case the goods and merchandises of the neutral embarked in such enemy’s ship shall be free. 24449— VOL 1—10 55 866 TREATIES, CONVENTIONS, ETC. Article XVI. This liberty of navigation and commerce shall extend to all kinds of merchandises, excepting those only which are distinguished by the name of contraband ; and under this name of contraband 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, helmets, breast-plates, coats of mail, infantry belts, and clothes made up in the form and for a military use. 3dly. Cavalry belts, and horses with their furniture. 4thly. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, pre- pared, and formed expressly to make war by sea or land. Article XVTI. 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 only those places which are at that time besieged or block- aded; 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 be found in a vessel bound for an enemy’s port, shall be sub- ject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such arti- cles be so great and of so large a bulk that they cannot be received on board the capturing ship without great inconvenience ; but in this and in all other cases of just detention the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment according to law. Article XIX. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is 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 warning of such blockade or investment from the commanding officer of the blockading forces, she GUATEMALA — 1849. 867 shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either of the parties, that may have entered into such port or place before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo ; nor, if found therein after the reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. Article XX. In order to prevent all kind of disorder in the visiting and exam- ination of the ships and cargoes of both the contracting parties on the high seas, they have agreed, mutually, that whenever a vessel of war, public or private, shall meet with a neutral of the other con- tr.acting 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 responsi- ble, with their persons and property; for which purpose, the com- manders of the said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damages they may commit. And it is expressly agreed that the neutral party shall in no case be 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 to the citi- zens of the two contracting parties, they have agreed, and do agree, that in case one of them should be engaged in war, the ships and vessels belonging to the citizens of the other must be furnished with sea-letters or passports expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander of said vessel, in order that it may thereby 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 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 de- tained to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be satisfied or supplied by testimony entirely equivalent. Article XXII. It is further agreed tl^t the stipulations above expressed relative to the visiting and examination of vessels shall apply only to those which sail without convoy ; and wjien said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of 868 TREATIES, CONVENTIONS, ETC. 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 country to which the prizes may be conducted shall alone take cognizance of them, and whenever such tribunal of either party shall pronounce judgment against any vessel, or goods, or property claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives on which the same shall have been founded ; and an authenticated copy of the sentence or de- cree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of said vessel without any delaj", 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 co-operating hostilely with the said enemy against the said party so at war, under the pain of being treated as a pirate. Article XXY. If by any fatality, which cannot be expected, and which God for- bid, the two contracting parties should be engaged in a war Avith each other, they have agreed, and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business and transport their effects wherever they please, giving to them the safe-conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens of all other occupations who may be established in the territories or dominions of the United States of America and of the Republic of Guate’uala shall be re- spected and maintained in the full enjoyment of tlu personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. Article XXVI. Neither the deots due from individuals of the one nation to individ- uals of the other, nor shares nor moneys which they may have in public funds or in public or private banks, shall ever, in any event of war or of national difference, be sequestered or confiscated. Article XXVII. Both the contracting parties, being desirous of avoiding all inequal- ity in relation to their public communications and official intercourse, have agreed, and do agree, to grant to the Envoys, Ministers, and GUATEMALA 1849. 869 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 Republic 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 Republic of Guatemala shall afford in 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, preroga- tives, 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. Article XXIX. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities which be- long to them by their public character, they shall, before entering on the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited ; and, hav- ing obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates, and inhabitants in the con- sular district in which they reside. Article XXX. It is likewise agreed that the Consuls, their secretaries, officers, and persons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempt from all public service, and also from all kind of taxes, imposts, and contribu- tions, 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 magistrate seize or in any way interfere with them. Article XXXI. The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and 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 writ- ing, 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 870 TREATIES, CONVENTIONS, ETC. 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 belonged, or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. Article XXXII. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon here- after as circumstances will permit, to form a consular convention, which shall declare specially the powers and immunities of the Con- suls and Vice-Consuls of the repective parties. Article XXXIII. The United States of America and the Republic of Guatemala, 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 naviga- tion, have declared solemnly, and do agree to, the following points : 1st. The present treaty shall remain in full force and virtue for the term of twelve years, to be counted from the day of the exchange of the ratifications, 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 re- serving 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 in- fringe any of the articles of this treaty, such citizen shall be held personally responsible for the same, and the harmony and good cor- respondence between the nations shall not be interrupted thereby; each party engaging in no way to protect the offender or sanction such violation. 3dly. If (which indeed cannot be expected) unfortunately any of the articles contained in the present treaty shall be violated or in- fringed 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. 4thly. Nothing in this treaty contained shall, however, be con- strued or operate contrary to former and existing public treaties with other sovereigns or States. GUATEMALA — ^1849-1900. 871 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 Guatemala, and the rati- fications 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.] Elijah Hise. [seal.] J. Mariano Rodriguez. 1900. Protocol of an Agreement Sitbmitting to Arbitration the Claim OF Robert H. May Against Guatemala and the Claim of Guatemala Against said May. Signed at AV ashing ton., Fehruary 23, 1900. protocol of an agreement between the secretary of state of THE united states OF AjMERICA AND THE ENVOY EXTRAORDINARY AND MINISTER PLENIPOTENTIARY OF THE REPUBLIC OF GUATEMALA FOR SUBMISSION TO AN ARBITRATOR OF THE CLAIM OF ROBERT H. MAY AGAINST THE REPUBLIC OF GUATEMALA AND OF THE CLAIM OF THE REPUBLIC OF GUATEMALA AGAINST SAID MAY. The United States of America and the Republic of Guatemala, through their representatives, John Hay, Secretary of State of the United States of America, and Antonio Lazo Arriaga, Envoy Ex- traordinary and Minister Plenipotentiary of the Republic of Guate- mala, have agreed upon and signed the following protocol. Whereas, the United States of America, on behalf of Robert H. May, has claimed indemnity from the Government of Guatemala for a debt alleged to be due him from that Government under certain contracts between him and that Government in connection with the Guatemala Northern Railroad and for damages alleged to have been caused him by that Government, its civil or military authorities in connection therewith; and the Government of Guatemala denies any liability therefor ; and Whereas, the Government of Guatemala has claimed that said May is indebted to it both on account of said contracts and of dam- ages caused by his alleged unlawful acts or those of his agents or employees acting by his authority ; and said May, to secure his faith- ful performance of said contract, has delivered to said Government a promissory note, signed by certain third parties for $40,120.79;. and the Government of the United States denies any liability on May’s part to said Government of Guatemala on account of said claims ; 872 TREATIES, CONVENTIONS, ETC. It is therefore agreed between the two Governments, with the con- sent of said May and of his attorney of record : I. That the questions of law and fact brought in issue between the two Governments in respect of their claims shall be referred to the decision of Mr. George Francis Birt Jenner Her Britannic Majesty’s Minister Resident and Consul General to the Republics of Guatemala, Honduras, Nicaragua, Costa-Rica and Salvador, whose award shall be final and conclusive. II. That within thirty days from the date of the signing of this pro- tocol, each party shall furnish to the other and to the arbitrator a copy of the memorial on which its own claim is based; and within ninety days after such signing each Government shall furnish to the other and to the arbitrator copies of all the documents, papers, ac- counts, official correspondence and other evidence on file at their respective Foreign Offices relating to these claims, and of all affida- vits of their respective witnesses relating thereto: Provided, that said arbitrator may request either Government to furnish such addi- tional proof as he may deem necessary in the interests of justice, and each Government agrees to comply with said request as far as pos- sible; but he shall not for such purpose delay his decision. III. That each Government by its counsel, and said May by his attor- ney, may severally submit to said arbitrator an argument in writing touching the questions involved within sixty days from the date lim- ited for the submission of the evidence; but the arbitrator shall not for such purpose nor in any event delay his decision beyond four months from the date of the submission to him of the evidence aforesaid. IV. It shall be the duty of said arbitrator to decide both cases upon such evidence as may have been filed before him and solely upon the issues of law and fact presented by the claim and counter- claim and upon the consideration of said entire controversy, he shall render an award in favor of the party entitled thereto; which shall not exceed the amount claimed by said party as shown by the evi- dence, and interest thereon from the time said sums were due until the date of the award, and said award shall bear six per cent inter- est from said date until paid. V. The award shall be payable in American gold, and in case said award shall be against said May, said Government of Guatemala may retain the aforesaid note as security and collect it for the paimient of said award, which said May agrees to pay wdthin six months from GUATEMALA — 1900. 873 the date of the award, the Government of the United States being in nowise responsible for the payment thereof. In case said award shall be against said Government of Guatemala, then said Govern- ment shall surrender to May said note. Said Government shall pay the indemnity awarded against it by the arbitrator, if any, as soon as the Legislative Assembly of Guatemala shall authorize the pay- ment; but the time thus allowed shall in no case exceed six months from the day the decision is rendered, unless an extension of the time of its payments should be granted by the Government of the United States. VI. Reasonable compensation to the arbitrator for all his services and expenses, is to be paid in equal moieties by the said Governments. VII. This protocol shall be submitted for approval and ratification on the part of Guatemala, to its Legislative Assembly. AVhen so ap- proved and ratified the Government of Guatemala will promptly notify the Government of the United States thereof. Unless so ap- proved and ratified and said notice given by April 1, 1900, this proto- col shall be deemed null and void. Done in duplicate in English and Spanish at Washington this 23d day of February, 1900. John Hay Anto. Lazo Arriago. 1900. Supplemental Protocol to the Agreement or February 23, 1900, Submitting to Arbitration the Claim of Robert H. May Against Guatemala and the Claim of Guatemala Againt Said May. Signed at W ashing ton May 10, 1900. SUPPLEMENTAL PROTOCOL. Whereas, a protocol was signed at Washington, February 23, 1900, between the Secretary of State of the United States and the Envoy Extraordinaiy and Minister Plenipotentiary of the Republic of Guatemala for submission to an arbitrator of certain issues involved in the claim and counterclaim of Robert H. May and Guatemala, as specified in said protocol; and Whereas, it is stipulated in Article II of said protocol as follows, to wit: “ That within thirty days from the date of the signing of this pro- tocol, each party shall furnish to the other and to the arbitrator a copy of the memorial on which its own claim is based; and within ninety days after such signing each Government shall furnish to the other and to the arbitrator copies of all the documents, papers, ac- counts, official correspondence and other evidence on file at their respective Foreign Offices relating to these claims, and of all affidavits of their respective witnesses relating thereto: Provided, that said arbitrator may request either Government to furnish such additional proof as he may deem necessary in the interests of justice, and each 874 TREATIES, CONVENTIONS, ETC. Government agrees to comply with said request as far as possible; but he shall not for such purpose delay his decision ” ; and Whereas, it is stipulated by Article III, of said protocol as follows, to wit: “ That each Government by its counsel, and said May by his attor- ney, may severally submit to said arbitrator an argument in writing touching the questions involved within sixty days from the date lim- ited for the submission of the evidence; but the arbitrator shall not for such purpose nor in any event delay his decision beyond four months from the date of the submission to him of the evidence afore- said ” ; Whereas, it is stipulated by Article IV of said protocol, as follows, to wit: ‘‘ It shall be the duty of said arbitrator to decide both cases upon such evidence as may have been filed before him and solely upon the issues of law and fact presented by claim and counterclaim and upon the consideration of said entire controversy, he shall render an award in favor of the party entitled thereto; which shall not exceed the amount claimed by said party as shown by the evidence, and interest thereon from the time said sums were due until the date of the award, and said award shall bear six per cent, interest from said date until paid.” It is agreed between the two Governments that said Article II be, and the same is hereby, amended to read as follows, to wit: — “ That within ninety da5^s from the date of the signing of the original protocol each party shall have furnished to the arbitrator and to the other a copy of the memorial on which its own claim is based; and within one hundred and fifty days after such signing each Government shall furnish to the arbitrator and to the other copies of all the documents, papers, accounts, official correspondence and other evidence on file at their respective Foreign offices relating to these claims, and of all affidavits of their respective witnesses re- lating thereto: Provided, that said arbitrator may request either Government to furnish such additional proof as he may deem neces- sary in the interests of justice, and each Government agrees to com- ply with said request as far as possible.” It is agreed that said Article III, be, and it is hereby, amended to read as follows, to wit: “ That each Government by its counsel, and said May by his attor- ney, may severally submit to said arbitrator an argument in writing touching the questions involved within ninety days from the date limited for the submission of the evidence; but the arbitrator shall not for such purpose nor in any event delay his decision beyond six months from the date of the submission to him of the evidence afore- said.” It is agreed that said Article IV be, and it is hereby amended to read as follows: “ It shall be the duty of said arbitrator to decide both cases upon such evidence as may have been filed before him and solely upon the issues of law and fact presented by the claim and counterclaim and upon the consideration of said entire controversy, he shall render an award in favor of the party entitled thereto; which shall not exceed the amount claimed by said party and interest at the rate of six per cent, per annum thereon from the time said sums were due until the GUATEMALA — 1900-1901. 875 date of the award, and said award shall bear six per cent interest per annum from said date until paid.” Done in duplicate in English and Spanish at Washington this 10th day of May, 1900. John Hay. Anto Lazo Arriaga. award. On the 16th of November 1900 the arbitrator appointed pursuant to the foregoing protocols rendered his award, awarding a total sum of $143,750.73 gold in favor of the claimant. 1901. Trade-Mark Convention. Concluded April 15, 1901 ; ratification adoised l>y Senate January 27, 1902; ratified 5y President February 1, 1902; ratifications exchanged April 3, 1902; proclaimed April 11, 1902. Articles. I. Reciprocal rights. I III. Duration. II. Formalities. | IV. Ratification. With a view to secure for the manufacturers of the United States of America, and those in the Republic of Guatemala, the reciprocal protection of their Trade-Marks and Trade-Labels, the Undersigned, duly authorized to that effect, have agreed on the following dispositions : Article I. The citizens of each of the High Contracting Parties shall in the Dominions and Possessions of the other have the same rights as be- long to native citizens, in everything relating to Trade-Marks and Trade-Labels of every kind. Provided, always, that in the United States the citizens of Guate- mala, and in Guatemala, the citizens of the United States of America, cannot enjoy these rights to a greater extent or for a longer period of time than in their native country. Article II. Any person in either country desiring protection of his Trade-Mark in the Dominions of the other must fulfil the formalities required by the law of the latter; but no person, being a citizen of one of the con- tracting States, shall be entitled to claim protection in the other by vii'tue of the provisions of this convention, unless he shall have first secured protection in his own country in accordance with the laws thereof. 876 TEEATIES, CONVENTIONS, ETC. Article III. This arrangement shall go into effect immediately on or after the exchange of the ratifications and shall be in force until a year after it has been recalled by one or the other of the two High Parties. Article IV. 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 the Republic of Guatemala, and the ratifications shall be exchanged at Guatemala as soon as may be within twelve months from the date hereof. In witness whereof the Undersigned have signed the present con- vention and have affixed thereto the seal of their arms, in Guatemala the fifteenth day of April of one thousand nine hundred and one. W. Godfrey Hunter [seal.] Juan Barrios M. [seal.] 1901. Convention Relating to Tenure and Disposition of Real and Personal Property. Concluded August 27^ 1901; ratification advised hy Senate January 30, 1902; ratified hy President February 6, 1902; ratifications ex- changed September 16, 1902; proclaimed September 18, 1902. Articles. I. Disposition of real property. IV. Duration. II. Disposition of personal property. V. Ratification. III. Notice of decease of citizens, etc. The United States of America and the Republic of Guatemala, desiring to improve the condition of the citizens of each of the re- spective countries in relation to the tenure and disposition of real and personal property situated or being within the territories of the other, as well as to authorize the representation of deceased persons by the Consuls of their respective nations in the settlement of estates, have resolved to conclude a convention for those purposes and have named as their Plenipotentiaries : The President of the United States of America the Honorable W. Godfrey Hunter, Envoy Extraordinary and Minister Plenipotentiary of the United States of America in Guatemala ; and The President of Guatemala the Licentiate Juan Barrios M., Secre- tary of State in the Department of Foreign Affairs, Mfiio having exchanged their said full powers, found in due and proper form have agreed to and signed the following articles : Article I. VTiere on the death of any person holding real property (or prop- erty not personal), within the territories of one of the Contracting Parties, such real property would, by the laws of the land, pass to GUATEMALA — ^1901. a citizen of the other, were he not disqualified by the laws of the country where such real property is situated, such citizen shall be allowed a term of three years, in which to sell the same, this term to be reasonably prolonged if circumstances render it necessary, and to withdraw the proceeds thereof, without restraint or interference, and exempt from any succession probate or administrative duties or charges other than those which may be imposed in like cases upon the citizens of the country from which such proceeds may be drawn. Article II. The citizens of each of the Contracting Parties shall have full power to dispose of their personal property within the territories of the other, by testament, donation, or otherwise; and their heirs, legatees, and donees, being citizens of the other Contracting Party, whether resident or non-resident, 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 citizens of the country where the prop- erty lies shall be liable to pay in like cases. Article III. In case of the death of any citizen of the United States of America in Guatemala, or of any citizen of Guatemala in the United States, without having in the country of his decease any known heirs or tes- tamentary executors by him appointed, the competent local authori- ties shall at once inform the nearest consular officer of the Nation to which the deceased person belonged of the circumstance in order that the necessary information may be immediately forwarded to persons 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 otherwise represented. Article IV. The present Convention shall come into effect ten days after the day upon which the ratifications are exchanged, and shall remain in force for ten years after such exchange. In case neither of the Con- tracting Parties shall have given notice to the other, twelve months before the expiration of the said period of ten years, of the intention to terminate the present Convention, it shall remain in force until the expiration of one year from the day on which either of the High Contracting Parties shall have given such notice. Article V. The present convention shall be duly ratified by the President of the United States, by and with the approval of the Senate thereof, and by the President of Guatemala, by and with the approval of the National Legislative Assembly thereof, and the ratifications shall be exchanged in Washington or in Guatemala, 878 TREATIES, CONVENTIONS, ETC. In faith whereof, we, the respective plenipotentiaries, have signed this Treaty and have hereunto afllxed our seals. Done in duplicate at Guatemala, this twenty-seventh day of August, one thousand nine hundred and one. W. Godfrey Hunter [seal.] Juan Barrios M. [seal.] 1903. Extradition Treaty. Concluded February 1^7, 1903; ratification advised by Senate March 11^1903; ratifed by President July Si, 1903; ratif cations exchunged July 16^ 1903; 'proclaimed July 17 i, 1903. Articles. I. Delivery of accused. II. Extraditable offenses. III. Offense for which tried. IV. Political offenses. V. Nondelivery of citizens. VI. Deferring extradition. VII. Persons claimed by other coun- tries. VIII. Limitations. IX. Provisional arrest. X. Procedure. XI. Expenses. XII. Property in possession of accused. XIII. Crimes by citizens of one against other contracting power. XIV. Duration; ratification. The United States of America and the Republic of Guatemala, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice between the United States of America and the Republic of Guatemala, and have appointed for that purpose the following Plenipotentiaries : The President of the United States of America, John Hay, Secre- tary of State of the United States, and The President of Guatemala, Sehor Don Antonio Lazo Arriaga, Envoy Extraordinary and Minister Plenipotentiary of Guatemala 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 con- cluded the following articles: Article I. The Government of the United States and the Government of Gua- temala mutually agree to deliver up persons who, having been charged, as principals or accessories, with or convicted of any of the crimes and offenses s]iecified in the following article committed within the juris- diction of one of the contracting parties, shall seek an asylum or be found within the territories of the other: Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or persons so charged shall be found, would justify his or her apprehension and commitment for trial if the crime had been there committed. GUATEMALA 1903. 879 Akttcle II. Persons shall be delivered up, according to the provisions of this convention, who shall have been charged with, or convicted of, any of the following crimes or offences : 1. Murder, comprehending the crimes known as parricide, assassi- nation, poisoning, and infanticide; assault with intent to commit murder; manslaughter, when voluntary. 2. Mayhem and any other wilful mutilation causing disability or death. 3. The malicious and unlawful destruction or attempted destruction of railways, trains, bridges, vehicles, vessels, and other means of travel, or of public edifices and private dwellings, when the act com- mitted shall endanger human life. 4. Rape. 5. Bigamy. 6. Arzon. 7. Crimes committed at sea : (a) Piracy, by statute or by the law of nations. (b) Wrongfully sinking or destroying a vessel at sea, or at- tempting to do so. (c) Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master. (d) Assaults on board a ship on the high seas with intent to do grievous bodily harm. 8. Burglary, defined to be the act of breaking and entering into the house of another in the nighttime, with intent to commit a felony therein. 9. The act of breaking into and entering public offices, or the offices of banks, banking houses, savings banks, trust companies, or insur- ance companies, with intent to commit theft therein, and also the thefts resulting from such acts. 10. Robbery, defined to be the felonious and forcible taking from the person of another of goods or money, by violence or by putting the person in fear. 11. Forgery, or the utterance of forged papers. 12. The forgery, or falsification of the official acts of the Govern- ment or public authority, including courts of justice, or the utterance or fraudulent use of any of the same. 13. The fabrication of counterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, bank notes, or other in- struments of public credit : of counterfeit seals, stamps, dies, and marks of State or public administration, and the utterance, circula- tion, or fraudulent use of any of the above mentioned objects. 14. The introduction of instruments for the fabrication of counter- feit coin or bank notes or any other paper current as money. 15. Embezzlement or criminal malversation of public funds com- mitted within the jurisdiction of either party by public officers or de- positaries, where the amount of money embezzled is not less than two hundred dollars. 16. Embezzlement of funds of a bank of deposit or savings bank, or trust company chartered under Federal or State laws, where the amount of money embezzled is not less than two hundred dollars. 880 TKEATIES, CONVEimONS, ETC. 17. 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, and where the amount of money or the value of the propert}’^ embezzled is not less than two hundred dollars. 18. 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 their families, or for any unlawful end. 19. Obtaining by threats of injury, or by false devices, money, val- uables or other personal property, and the receiving of the same with the knowledge that they have been so obtained, when such crimes or offenses are punishable by imprisonment or other corporal punish- ment by the laws of both countries, and the amount of mone}^ or the value of the property so obtained is not less than $200.00. 20. Larceny, defined to (be) the theft of effects, pei’sonal property, horses, cattle, or live stock, or money, of the value of twenty-five dol- lars or more, or receiving stolen property, of that value, knowing it to be stolen. 21. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, or other person acting in a fiduciary capacity, or director or member or officer of any company, when such act is made criminal by the laws of both countries and the amount of money or the value of the property misappropriated is not less than two hundred dollars. 22. Perjury; violation of an affirmation or a promise to state the truth, when required by law ; subornation to commit said crimes. 23. Extradition shall also be granted for the attempt to commit any of the crimes and offenses above enumerated, when such attempt is punishable as a felony by the laws of both contracting parties. Article III. A person surrendered under this convention shall not be tried or punished in the country to which his extradition has been granted, nor giyen up to a third power for a crime or offense, not provided for by the present convention and committed previously to his extradi- tion, until he shall have been allowed one month to leave the country after having been discharged; and. if he shall have been tried and condemned to punishment, he shall be allowed one month after having suffered his penalty or having been pardoned. He shall moreover not be tried or punished for any crime or offense provided for by this convention committed previous to his extradition, other than that which gave rise to the extradition, without the consent of the Govern- ment which surrendered him, Avhich may, if it think proper, require the production of one of the documents mentioned in Article XI of this convention. The consent of that Government shall likewise be required for the extradition of the accused to a third country; nevertheless, such con- sent shall not be necessary 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. GUATEMALA ^1903. 881 Article IV. The provisions of this conA^ention shall not be applicable to per- sons guilty of any political crime or offense or of one connected Avith such a crime or offense. A person AA'^ho has been surrendered on ac- count of one of the common crimes or offenses mentioned in Article II shall consequently in no case be prosecuted and punished in the State, to which his extradition has been granted on account 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 leaA’'e 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 com- prises 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. Article V. Neither of the contracting parties shall be bound to deliver up its own citizens under the stipulations of this convention, but the exec- utive authority of each shall have the power to deliver them up, if, in its discretion, it be deemed proper to do so. Article VI. If the person whose surrender may be claimed, pursuant to the stip- ulations of the present convention, shall have been accused or arrested for the commission of any offense in the country where he or she has sought asylum, or shall have been convicted thereof, his or her extra- dition may be deferred until he or she is entitled to be liberated on account of the offense charged, for any of the following reasons: acquittal; expiration of term of imprisonment; expiration of the period to which the sentence may have been commuted, or pardon. 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 or offenses committed within their jurisdiction, such criminal shall be delivered up in preference in accordance with that demand which is the earliest in date, unless the State from which extradition is sought is bound to give preference otherwise. Article VIII. Extradition shall not be granted, in pursuance of the provisions of this convention, if legal proceedings or the enforcement of 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 requisi- tion is addressed. 24449 — VOL 1 — 10 56 882 TREATIES, CONVENTIONS, ETC. Article: IX. On being informed by telegraph or otherwise, through the diplo- matic channel, that a warrant has been issued by competent authority for the arrest of a fugitive criminal charged with any of the crimes enumerated in the foregoing articles of this treaty, and on being assured from the same source that a requisition for the surrender of such criminal is about to be made, accompanied by such warrant and duly authenticated depositions or copies thereof in support of the charge, each government shall endeavor to procure the provisional arrest of such criminal and to keep him in safe custody for such time as may be practicable, not exceeding forty days, to await the produc- tion of the documents upon which the claim for extradition is founded. Article X. Requisitions 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 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 or offense, a copy of the sentence of the court in which he has been convicted, authenticated under its seal, with attes- tation 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 Guatemala, respectively, shall accompany the requisition. When, however, the fugitive shall have been merely charged with crime, a duly authenticated copy of the warrant of arrest in the coun- try where the crime has been committed, and of the depositions upon which such warrant has been issued, must accompany the requisition as aforesaid. Article XI. The expenses of the arrest, detention, examination and delivery of fugitives under this convention shall be borne by the State in whose name the extradition is sought; Provided, that the demanding gov- ernment shall not be compelled to bear any expenses for the services of such officers of the government from which extradition is sought as receive a fixed salary; and provided that the charge for the services of such public officials as receive only fees shall not exceed the fees to which such officials are entitled under the laws of the country for services rendered in ordinary criminal proceedings. Article XII. All articles found in the possession of the accused party and ob- tained through the commission of the act with which he is charged, and that may be used as evidence of the crime for which his extradi- tion 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 neverthe- less be respected. GUATEMALA — ^1903--1906. 883 Article XIII. Each of the contracting parties shall exercise due diligence in pro- curing the extradition and prosecution of its citizens who may be charged with the commission of any of the crimes or offenses men- tioned in Article II, exclusively committed in its territory against the government or any of the citizens of the other contracting party, when the person accused may have taken refuge or be found within the ter- ritory of the latter, provided the said crime or offense is one that is punishable, as such, in the territory of the demanding country. Article XIV. The present convention shall take effect thirty days after the ex- change of ratifications, when the convention of October 11, 1870,® and the additional article of October 22, 1887,“ shall cease to be in force and shall be superseded by the present convention which shall con- tinue 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 at Wash- ington as soon as possible. In witness whereof, the respective plenipotentiaries have signed the above articles both in the English and Spanish languages, and have hereunto affixed their seals. Done, in duplicate, at the City of Washington, this 27th day of February one thousand nine hundred and three. John Hay [seal.] Ant Lazo Arriaga [seal.] 1906. Patent Convention. Signed Novemher 10.^ 1906; ratif cation advised hy the Senate De- cember 13^ 1906; ratijied by the President March 6, 1907; ratifica- tions exchanged June 18^ 1907 ; proclaimed July 9, 1907. Aeticles. I. Reciprocal rights. I III. Effect; duration. II. Reciprocal compliance with laws. I CONVENTION BETWEEN THE UNITED STATES AND GUATEMALA FOR THE RECIPROCAL PROTECTION OF PATENTS. The United States of America and the Republic of Guatemala, desiring to secure for their respective citizens the reciprocal protec- tion of their patents, have for that purpose resolved to conclude a “These treaties were not perfected by exchange of ratifications and were never proclaimed by the President. 884 TBEATIES, CONVENTIONS, ETC. Convention and to that end have appointed as their Plenipotenti- aries, to-wit: The President of the United States of America, Mr. Philip M. Brown, Charge d’Affaires ad interim of the United States to Guate- mala, and. The President of Guatemala Mr. John Barrios M. Minister for Foreign Affairs; Who, after exhibiting to each other their full powers, found in good and due form, have agreed upon the following articles: Article I. Citizens of each of the High Contracting Parties, shall in the ter- ritory of the other, enjoy the same rights as are enjoyed by native citizens in all matters pertaining to the protection of inventions by letters patent. Article II. In order to enjoy the protection of their inventions, the citizens of each country must fulfill the formalities required by the laws of the country in which the protection is asked. Article III. This Convention shall take effect upon its promulgation in both countries and shall remain in force until the expiration of one year after either of the high Contracting Parties shall have given notice to the other of its wish to terminate the same. The ratifications of this Convention shall be exchanged at Guate- mala city as soon as possible within one year from the date thereof. In witness whereof we, the respective Plenipotentiaries have signed the present Convention this tenth day of November nineteen hun- dred and six, and have hereunto affixed our seals. [seal.] [seal.] Philip M Brown Juan Barrios M. HAITI Noi’e. — See Hayti, page 921. HANOVER. (Hanover was conquered and merged into Prussia in 1866 and is now In- cluded in the German Empire.) 1840.“ Treaty of Commerce and Navigation. Concluded May 20, ratification advised hy the Senate July 15, ISIfi; ratified hy the President June 28, ISlfi; ratifications ex- changed November lit., ISlfi; 'proclaimed January 2, Articles. I. Commerce and navigation. II. Discrimination in duties. III. Discrimination in duties. IV. Coasting trade. V. Nationality of vessels. VI. Consuls. VII. Reciprocal privileges of citizens. VIII. Shipwrecks; salvage. IX. Duration. X. Ratification. The United States of America and His Majesty the King of Han- over, equally animated by the desire of extending as far as possible the commercial relations between, and the exchange of the produc- tions of their respective States, have agreed, with this view, to con- clude 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 Ex- traordinary and Minister Plenipotentiary near His Majesty 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 Extraor- dinary and Minister Plenipotentiary near His Majesty the King of Prussia, Lieutenant General, Knight Grand Cross of the Order of Guelph, the Red 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 fol- lowing articles: Article I. There shall be between the territories of the high contracting parties a reciprocal liberty of commerce and navigation. “ This treaty was superseded by the treaty of 1846. 886 886 TREATIES, CONVENTIONS, ETC. 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 commerce is permitted. They shall be permitted to sojourn and reside in all parts whatsoever of said territories, in order to attend to their affairs, and also to hire and occupy houses and warehouses for the purposes of their commerce, provided they submit to the laws, as well general as special, relative to the right of residing and trading. Whilst they conform to the laws and regulations in force, they shall be at liberty to manage themselves their own business, in all the terri- tories subject to the jurisdiction of each party, 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 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 the country to native citizens or subjects, for which purpose they may employ in defence of their rights such advocates, attorneys, and other agents as they may judge proper. Article II. No higher or other duties shall be imposed in any of the ports of the United States on Hanoverian vessels than those payable in the same ports by vessels of the United States; nor in the ports of the Kingdom of Hanover on the vessels of the United States than shall be payable in the same ports on Hanoverian vessels. The privileges secured by the present article to the vessels of the respective high contracting parties shall only extend to such as are built within their respective territories, or lawfully 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, officers, and two-thirds of the crew shall consist of the citizens or subjects of the countr}^ 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 manufacture of the Kingdom of Hanover, or of any other country belonging to the Germanic Confederation and the Kingdom of Prussia, from what- soever ports of the said country the said vessels may depart, whether such importation shall be in vessels of the United States or in Han- overian vessels; and the same duties shall be paid on the importation 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. Hanover — 1840. 887 The same duties shall be paid and the same bounties allowed on the exportation of any articles the growth, produce, or manufacture 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 Han- over ; and the same duties shall be paid and the same bounties allowed on the exportation of any articles the growth, produce, or manufac- ture of the United States and of every other country on the continent of America and the West India Islands, to the Kingdom of Hanover, whether such exportation shall be in Hanoverian vessels or in vessels of the United States departing from the ports of the United States. Article III. No higher or other duties shall be imposed on the importation into the United States of any articles the growth, produce, or manufacture 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. 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 exportation 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 King- dom or of the said United States, which shall not equally extend to all other nations. Articee IV. The preceding articles are not applicable to the coasting trade and navigation of the high contracting parties, which are respectively re- served 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 on their behalf, or under their authority, in the purchase of any article of commerce lawfully imported on account or in reference to the national character of the vessel, whether it be of the one party or of the other in which such article was imported. Article VI. The contracting parties grant to each other the liberty of having, each in the ports of the other. Consuls, Vice-Consuls, agents, and commissaries of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nations; but if 888 TREATIES, CONVENTIONS, ETC. 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 differences as may arise between the masters and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or of the captain should disturb the order or tranquillity of the country; or the said Consuls, Vice-Consuls, or Commercial Agents should require their assistance to cause their decisions to be carried into effect or supported. It is, however, understood that this species of judgment or arbitra- tion shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their own country. The said Consuls, Vice-Consuls, and Commercial Agents are au- thorized to require the assistance of the local authorities for the search, arrest, and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand said deserters, proving by the exhibition of the registers of the vessels, the muster- rolls of the crews, or by any other official documents, that such indi- viduals 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, 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 carried into effect. Article VII. The citizens or subjects of each party shall have power to dispose of their personal property within the jurisdiction of the other, by sale, donation, testament, or otherwise. Their personal representatives, being citizens or subjects of the other contracting party, shall succeed to their said personal prop- erty, whether by testament or ab intestate. They may take possession thereof, either by themselves or by others acting for them, at their will, and dispose of the same, pay- ing 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. HANOVER — ^1840. 889 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 with- out 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 removing from the place of their domicile, shall likewise be exempt from all duties of detraction or emigration on the part of the respec- tive Governments. AsTicnE VIII. The ancient and barbarous right to wrecks of the sea shall be entirely abolished 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 otherwise damaged on the coasts, or within the dominions of the other, their respective citizens or subjects shall receive, as well for themselves as for their vessels and effects, the same assistance which would be due to the inhabitants of the country where the accident happens. They shall be liable to pay the same charges and dues of salvage as the said inhabitants would be liable to pay in a like case. If the operations of repair shall require that the whole or any part of 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. Article 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 after the Government of the United States on the one part, or that of Hanover on the other, shall have given notice of its intention of terminating the same. Article X. The present treaty shall be approved and ratified by the President of the United States of America, by and with the advice and con- sent of their Senate; and by His Majesty the King of Hanover; and the ratifications thereof shall be exchanged at the city of Berlin, within the space of ten months from this date, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the above articles as well in French as in English, and have affixed 890 TREATIES, CONVENTIONS, BTO. 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 prece- dent, 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.] Henry Wheaton. [seal.] Augustus De Berger. 1846.“ 6 Treaty of Commerce and Navigation. Concluded June 10^ 18Jf.6 ; ratif.cation advised hy the Senate January 6, 184?'; rati-fied hy the President July 28, 1847; ratifications ex- changed March 16, 1847 ; 'proclaimed April 24, 1847. Artici.es. I. Discrimination in duties. II. Coasting trade. III. Nationality of vessels. IV. Shipwrecks. V. Vessels to which privileges ap- plicable. VI. Discrimination in duties on im- ports and exports. VII. Most favored nation. VIII. Duty on raw cotton. IX. Consuls. X. Reciprocal privileges of citizens. XI. Duration. XII. Extension to States of German Confederation. XIII. Ratification. The United States of America and His Majesty the King of Han- over, equally animated with a desire of placing the privileges of their navigation on a basis of the most extended liberality, and of afford- ing otherwise every encouragement and facility for increasing the commercial intercourse between their respective States, have resolved to settle in a definitive manner the rules which shall be observed be- tween the one and the other, by means of a treaty of navigation and commerce; for which purpose the President of the United States has conferred full powers on A. Dudley Mann, their Special Agent to His Majesty the King of Hanover; and His Majesty the King of Hanover has furnished with the like full powers the Baron George Frederick de Falcke^ of his Privy Council, Knight Grand Cross of the Royal Guelphick Order; Who, after exchanging their full powers, found in good and due form, have concluded and signed subject to ratification, the following articles. Article I. The high contracting parties agree that whatever kind of produce, manufacture, or merchandise of any foreign country, can be, from time to time, lawfully imported into the United States in their own vessels, may also be imported in vessels of the Kingdom of Hanover ; “This treaty terminated on tlie merging of Hanover into the Kingdom of Prussia. * Federal case, Valk v, U. S. et. al. (29 Ct Cls., 62). HANOVER — ^1846. 891 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 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 into the Kingdom of Hanover in its own vessels, may also be im- ported in vessels of the United States ; and no higher or other duties upon the tonnage or cargo of the vessel shall be levied or collected, whether the importation be made in 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 ex- ported or re-exported in the vessels of the other. And the same duties, bounties, and drawbacks shall be collected and allowed, whether such exportation or re-exportation be made in vessels of the one party or the other. Nor shall higher or other charges of any kind be imposed in the ports of the one party on vessels of the other than are or shall be payable in the same ports by national vessels. And further, it is agreed that no higher or other toll shall be levied or collected at Brunshausen or Stade, on the River Elbe, upon the tonnage or cargoes of vessels of the United States, than is levied and collected upon the tonnage and cargoes of vessels of the Kingdom of Hanover; and the vessels of the United States shall be subjected to no charges, detention, or other inconvenience by the Hanoverian au- thorities, in passing the above-mentioned place, from which vessels of the Kingdom of Hanover are or shall be exempt. Article II. The preceding article is not applicable to the coasting trade and navigation of the high contracting parties, which are respectively 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 on their behalf, or under their authority, in the purchase of any article of commerce, lawfully imported, on account of 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 imported. Article IV. The ancient and barbarous right to wrecks of the sea shall remain entirely abolished with respect to the property belonging to the citi- zens or subjects of the high contracting parties. "When any vessel of either party shall be wrecked, stranded, or otherwise damaged on the coasts or within the dominions of the other, their respective citizens or subjects shall receive, as well for them- selves as for their vessels and effects, the same assistance which would be due to the inhabitants of the country where the accident 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. 892 TREATIES, CONVENTIONS, ETO. If the operations of repairs 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 such as are payable in the like case by national vessels. It is nevertheless understood that if, whilst the vessel is under re- pair, 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 are built within their respective territories, or lawfully condemned as prize 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 citizens or subjects. It is further stipulated that vessels of the Kingdom of Hanover may select their crews from any of the States of the Germanic Con- federation, provided that the master of each be a subject of the King- dom 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 manufacture of the Kingdom of Hanover, or of its fisheries, and no higher or other duties shall be imposed on the importation into the Kingdom of Hanover of any articles 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 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 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 fish- eries, 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 particular favor to other nations in respect of navigation and duties of customs, 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 a compensation, as near as possible, if the con- cession was conditional. Article VIII. In order to augment, by all the means at its bestowal, the commer- cial relations between the United States and Germany, the Kingdom of Hanover hereby agrees to abolish the import duty on raw cotton, HANOVER — 1846. 893 and also to abolish the existing transit 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 destined for, or landed in, ports or other places within its territory on the Weser; and it moreover agrees that if the States bordering 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 sufficient for defraying the expense of maintaining the regulation respecting transit goods. But in no case shall such tax exceed eight pfennigs Hanoverian currency (two cents United States currency) for one hundred pounds Hanoverian weight, (one hundred and four pounds United States weight.) Article IX. The high contracting parties grant to each other the liberty of hav- ing, each in the ports of the other. Consuls, Vice-Consuls, 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 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, in such differences as may arise between the masters and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or of the captain should disturb the order or tranquillity of the country, or the said Consuls, Vice-Consuls, Com- mercial 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 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- Commercial Agents are authorized to require the assistance of the local authorities for the search, arrest, 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, prov- ing by the exhibition of the registers of the vessels, the muster-rolls of the crews, or by any other official documents, that such individuals formed part of the crews ; and on this claim being thus substantiated, the surrender 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 894 TBEATIES, CONVENTIONS, ETC. 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. Article X. The subjects and citizens of the high contracting parties shall be permitted to sojourn and reside in all parts whatsoever of the said territories, in order to attend to their affairs, and also to hire and occupy houses and warehouses for the purposes of their commerce, provided they submit to the laws, as well general as special, relative to the right of residing and trading. Whilst they conform to the laws and regulations in force, they shall be at liberty to manage themselves their own business in all the 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 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 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 liti- gous 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 employ 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 to dispose of their personal property within the jurisdiction 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 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 disquali- fied by alienage, such citizen or subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds without molesta- HANOVER — ^1846. 895 tion, and exempt from all duties of detraction on the part of the Gov- ernment of the respective States. The capitals and effects which the citizens or subjects of the respec- tive 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 Governments. Article 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 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 inten- tion of terminating the same; but upon the condition hereby ex- pressly 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 gutengroschen per one hundred pounds Hanoveriai currency 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. Article XII. The United States agree to extend all the advantages and privileges contained in the stipulations of the present treaty to one or more of the other States of the Germanic Confederation, which may wish to accede to them, by means of an official exchange of declarations; pro- vided 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 obligations. Article XIII. The present treaty shall be approved and ratified by the President of the United States of America, by and with the advice and consent of their Senate, and by His Majesty the King of 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 con- tracting 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 affixed our seals. Done in quadruplicate at the city of Hanover, on the tenth day of June, in the year of our Lord one thousand eight hundred and forty- 896 TREATIES, CONVENTIONS, ETC. 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.“ Extradition Treaty. Concluded January 18, 1855; ratification advised hy Senate March 13, 1855; ratified hy the President March 18, 1855; ratifications exchanged April 17, 1855; proclaimed May 5, 1855. Articles. I. Crimes. II. Accession of other States. III. Nondelivery of citizens. IV. New offense in country of asylum. V. Duration. VI. Ratification. 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 com- munication between Europe and America facilitate the escape of offenders, and that consequently provision ought to be made in order that the ends of justice shall not be defeated, have determined to con- clude an arrangement destined to regulate the course to be observed in all cases with reference to the extradition of such individuals as, having committed any of the offenses hereafter enumerated in one country, shall have taken refuge within the territories of the other. The 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 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 Ex- traordinary and Minister Plenipotentiary of the United States at the Court of the United Kingdom of Great Britain and Ireland ; His Majesty the King of Hanover, the Count Adolphus von Kielman- segge, his Envoy Extraordinary and Minister Plenipotentiary to Her Britannic Majesty, Grand Cross of the Order of the Gueiphs, &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 “This treaty terminated when Hanover was merged into the Kingdom of Prussia. HANOVER 1855. 897 justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or rob- bery, or forgery, or the utterance of forged papers, or the fabrica- tion 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 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 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. Article II. The stipulations of this convention shall be applied to any other State of the Germanic Confederation which may hereafter declare 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 convention. 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 shall be found, such person shall not be delivered up, under the stipulations of this con- vention, 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 January, one thousand eight hundred and 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 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. 24449— VOL 1—10 57 898 TREATIES, CONVENTIONS, ETC. Article VI. The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by the Government of Hanover, and the ratifications shall be ex- changed in London within three months from the date hereof, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed this convention, and have hereunto affixed their seals. Done in duiilicate in London, the eighteenth day of January, one thousand eight hundred and fifty-five, and the seventy, -ninth year of the Independence of the United States. [seal.] James Buchanan, [seal.] a. Kielmansegge. 1861.“ Convention Abolishing Stade or Brunshausen Dues. Concluded November 6, 1861 ; ratification advised by the Senate Feb- ruary 3, 1862; ratifed, by the President Febniary 7, 1862; ratif ca- tions exchanged April 29, 1862; proclaimed June 17, 1862. Articles. I. Abolition of dues. II. Navigation of the Elbe. III. Indemnity. IV. Payment of indemnity. V. Execution of obligations. VI. Former treaty. VII. Ratification. The United States of America and His Majesty the King of Han- over, equally animated by the desire to increase and facilitate the rela- tions 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 of the United States of America to Prussia, and His Majesty the King of Hanover upon his Envoy Extraordinary and Minister Plenipoten- tiary at the Eoyal Prussian Court, the Lieutenant Colonel and Ex- traordinary Aid-de-Camp, Mr. August IVilhelm von Beitzenstein, Knight Commander of the 2d class of the Eoyal Guelphick Order, etc. ; VJio, after having exchanged their full powers, and having found them to be in due and proper form, have concluded the following articles : Article I. His Majesty the King of Hanover assumes towards the United States of America, who accept the same, the .obligation — 1. To abolish completely and forever the toll hitherto levied on the cargoes of American vessels ascending the Elbe, and passing the “ This treaty terminated when Hauover was merged into the Kingdom of Prussia. HANOVER — 1861, 899 mouth of the river called Schwinge, designated under the name of the Stade or Brunshausen dues; 2. To levy no toll of any kind, of whatever nature it may be, upon the hulls or cargoes of American vessels ascending or descending the Elbe, in place of those dues, the abolition of which is agreed upon in the preceding paragraph; 3. Nor to subject hereafter, under any pretext whatever, American vessels ascending or descending the Elbe to any 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 necessarj^ for the free navigation of the Elbe; 2. Not to impose, as a compensation for the expenses resulting from the execution of this obligation, upon the American marine, any charge whatever, in lieu and place of the Stade or Brunshausen dues. Article III. By way of damage and compensation for the sacrifices imposed upon His Majesty the King of Hanover by the above stipulations, the United States of America agree to pay to his Majesty the King of Hanover, who accejits the same, the sum of sixty thousand three hun- dred and fifty-three thalers, Hanoverian currency, this being the pro- portional quota part of the United States in the general table of in- demnification for the abolition of the Stade or Brunshausen dues. Article IV. The sum of sixty thousand three hundred and fifty-three thalers courant, stipulated in Article III, shall be paid at Berlin, into the hands of such person as shall have been authorized by His Majesty the King of Hanover to receive it, on the day of the exchange of ratifications as hereinafter provided. In consideration of the fact that the stipulations contained in Arti- cles I and II have already been applied to the American flag since the first day of July, 1861, the United vStates of America agree to pay be- sides, and the same time with the capital above named, the interest of that sum, at the rate of four per centum per annum, commencing with the first day of October, 1861. Article V. The execution of the obligations contained in the present treaty is especially subordinated to the accomplishment of such formalities and rules as are established by the constitutions of the high contract- ing Powers, and the compliance with these formalities and rules be brought about within the shortest delay possible. 900 TREATIES, CONVENTIONS, ETC. Article VI. The treaty of commerce and naAdgation concluded between the United States of America and His Majesty the King of Hanover on the tenth day of June, 1846, shall continue to remain in force, with the exception of the stipulation contained in paragraph 3, Article I, Avhich 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 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 November, in the year of our Lord one thousand eight hundred and sixty-one, and the Inde- pendence of the United States of America the eighty-sixth. [seal.] N. B. Judd. [seal.] Wilhelai August Von Reitzenstein. PROTOCOL. It remains understood that, until the execution of the stipulations contained in Articles V and VII of the treaty of to-daj'^ shall have taken place, the Hanoverian Government shall preserve 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 Han- overian Government shall order the discharge of that temporary measure of precaution, as regards merchandise transported in Amer- ican vessels. Until, however, all the Powers, parties to the general treaty of the 22d day of June, 1861, concerning the abolition of the Stade or Brunshausen dues, shall have fulfilled the engagements con- tained in the Articles VI and VII of the last-named treaty, it shall have power to require of American vessels a proof of their national- ity, without thereby causing them a delay or detention. Done at Berlin the 6th November, 1861. [seal.] N. B. Judd. [seal.] WiLHELiVi August Von Reitzenstein. HANSEATIC REPUBLICS (BREMEN, HAMBURG, AND LUBECK.) The Hanseatic Republics were incorporated into the North German Union July 1, 1867. 1827. Convention of Friendship, Commerce, and Navigation.® Concluded December £0, 1827 ; rati'fication advised hy the Senate Jan- uary 7, 1828; ratif,ed l>y the President; ratifications exchanged June 2, 1828; froclaimed June 2, 1828. Aeticles. I. Equality of duties. II. Import and export duties. III. Government purchases. IV. Proof of Hanseatic vessels. V. Rights to trade. VI. Commercial privileges. VII. Property rights VIII. Special protection to persons and property. IX. Most favored nation privileges. X. Duration. XI. Ratification. The United States of America on the one part, and the Republic and Free Hanseatic City of Lubeck, the Republic and Free Hanse- atic City of Bremen, and the Republic 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 which 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 United States of America has conferred full powers on Henry Clay, their Secretary of State; and the Senate of the Republic and Free Hanseatic City of Lubeck, the Senate of the Republic and Free Hanseatic City of Bremen, and the Senate of the Republic and Free Hanseatic City of Hamburg, have conferred full powers on Vincent Rumpff, 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, man- ufacture, or merchandise of any foreign country can be, from time “Federal case: North German Lloyd S. S. Co. v. Hedden (43 Fed. Rep., 17). 901 902 TREATIES, CONVENTIONS, ETC. to time, lawfully imported into the United States in their own ves- sels, may be also imported in vessels of the said Free Hanseatic Ke- publics 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 Republics. And, in like manner, that whatever kind of produce, manufacture, or merchan- dise of any foreign country can be, from time to time, lawfully im- ported into either of the said Flanseatic Republics, in its own ves- sels, may be also imiDorted 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 ves- sels of the one party or of the other. And they further agree, that 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 party. And the same bounties, duties, and drawbacks shall be alloAved and collected, whether such exportation or re-exportation be made in ATSsels of the one party or of the other. Nor shall higher or other charges, of any kind, be imposed in the ports of the one party, on vessels of the other, than are or shall be payable in the same ports by national vessels. Article II. No higher or other duties shall be imposed on the importation, into the United States, of any article the produce or manufacture of the Free Hanseatic Republics of Lubeck, Bremen, and Hamburg; and no higher or other duties shall be imposed on the importation, into either of the said Republics, 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 Republics of Lubeck, Bremen, or Hamburg, respectively, than such as are, or shall be payable on the exportation of the like articles to any other foreign country; nor shall any jirohibition be imposed on the importation or exportation of any article the produce or manufacture of the United States, or of the Free Hanseatic Re- publics of Lubeck, Bremen, or Hamburg, to or from the ports of the United States, or to or from the ports of the other party, Avhich shall not equally extend to all other nations. Article III. No priority or preference shall be given, directly or indirectly, by any or either of the contracting parties, nor by any company, copora- tion, or agent, acting on their behalf, or under their authority, in the purchase of any article the gvowth, produce, or manufacture of their States, respectively, imported into the other, on account of, or in reference to the character of the vessel, whether it be of the one party or of the other, in which such article was imported;- it being the true intent and meaning of the contracting parties that no dis- tinction or difference whatever shall be made in this respect. HANSEATIC REPUBLICS 1827. 903 Article IV. In consideration of the limited extent of the territories of the Re- publics of Lubeck, Bremen, and Hamburg, and of the intimate connec- tion of trade and navigation subsisting between these Republics, 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 subjects of any or either of the said Republics, 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 con- sidered as a vessel belonging to Lubeck, Bremen, or Hamburg. Article V. Any vessel, together with her cargo, belonging to either of the Free Hanseatic Republics of Lubeck, Bremen, or Hamburg, and com- ing from either of the said ports to the United States, shall, for all the purposes of this convention, be deemed to have cleared from the Republic to which such vessel belongs, although, in fact, it may not have been the one from which she departed; and any vessel of the United States, and her cargo, trading to the ports of Lubeck, Bremen, or Hamburg, directly, or in succession, shall, for the like purposes, be on the footing of a 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 consign- ment and sale of their goods and merchandise by wholesale or retail, as with respect to the loading, unloading, and sending off their ships, submitting themselves to the laws, decrees, and usages there established, to which native citizens are subjected; they being, in all these cases, to be treated as citizens of the Republic in which they reside, or at least to be placed on a footing with the citizens or sub- jects 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 the other, by sale, donation, testament, or otherwise; and their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestato, and they may take pos- session thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhab- itants of the country wherein said goods are shall be subject to pay in like cases; and if, in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance on account of their character of aliens, there shall be granted to them 904 TREATIES, CONVENTIONS, ETC. the term of three years to dispose of the same, as they may think proper, and to withdraw the proceeds without molestation, and ex- empt from all duties of detraction on the part of the Government of the respective States. Article VIII. Both the contracting parties promise, and engage formally, to give their special protection to the persons and property of the citi- zens of each other, of all occupations, who may be in the territories subject to the jurisdiction of the one or the other, transient or dwell- ing 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 as free opportunity as native citizens to be present at the de- cisions 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 IX. The contracting parties, 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 par- ticular favor to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional. Article X. The present convention shall be in force for the term of twelve years from the date hereof, and further, until the end of twelve months after the Government of the United States on the one part, or the free Hanseatic Republics of Lubeck, Bremen, or Hamburg, or either of them, on the other part, shall have given notice of their intention to terminate the same ; each of the said contracting parties reserving to itself the right of giving such notice to the other, at the end of the said term of twelve years. And it is hereby agreed be- tween them that, at the expiration of twelve months after such notice shall have been received by either of the parties from the other, this convention, and all the provisions thereof, shall, altogether, cease and determine, as far as regards the States giving and receiving such notice; it being always understood and agreed that, if one or more of the Hanseatic Republics aforesaid shall, at the expiration of twelve years from the date hereof, give or receive notice of the pro- posed termination of this convention, it shall nevertheless remain in full force and operation as far as regards the remaining Hanseatic Republics or Republic, which may not have given or received such notice. HANSEATIC BEPUBLICS — 1827-1828. 905 Article XI. The present convention being approved and ratified by the Presi- dent of the United States, by and with the advice and consent of the Senate thereof, and by the Senates of the Hanseatic Kepublics of Lubeck, Bremen, and Hamburg, the ratifications shall be ex- changed at Washington within nine months from the date hereof, or sooner if possible. In faith whereof we, the Plenipotentiaries of the contracting parties, have signed the present convention, and have thereto affixed our seals. Done in quadruplicates at the city of Washington, on the twentieth day of December, in the year of our Lord one thousand eight hun- dred and twenty-seven, in the fifty-second year of the Independence of the United States of America. [seal.] H. Clay. [seal.] V. Rumpff. 1828.“ Additional Article to Convention of 1827. Concluded June J/., 1828; ratification advised hy the Senate Decemher 29^ 1828; ratified hy the President; ratifications exchanged Janu- ary Ilf, 1829; 'proclaimed July 29, 1829. The United States of America and the Hanseatic Eepublics of Lubeck, Bremen, and Hamburg, wishing to favor their mutual com- merce 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, commerce, and navigation, concluded at Washington on the twentieth day of December, 1827, between the contracting parties. The Consuls and Vice-Consuls may cause to be arrested the sailors, being part of the crews of the vessels of their respective countries, who shall have deserted from the said vessels, in order to send them back and transport them out of the country. For which purpose the said Consuls and Vice-Consuls shall address 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 said vessels, or ship’s roll, or other official document, that those men were part of said crews; and on this demand being so proved, (saving, however, where the contrary is proved,) the delivery shall not be refused; and there shall be given all aid and assistance to the said Consuls and Vice-Consuls for the search, seizure, and arrest 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. “ This article was superseded by the Consular Convention with the German Empire, 1871. 906 TBEATIES, CONVENTIONS, ETC. It is understood, however, that if the deserter sho'Jd 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 car- ried 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 Washington 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 Rejmblics of Lubeck, Bremen, and Hamburg, the ratifications shall be ex- changed 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 affixed our seals. Done in quadruplicate at the city of Washington, on the fourth day. of June, in the year of our Lord one thousand eight hundred and twenty-eight. [seal.] H. Clay. [seal.] V. Rumpff. 1852.“ Consular Convention. Concluded April 30, 1852; ratification advised hy the Senate Angnst 30, 1862; ratifed toy the President September 2Ij., 1852; ratif cations exchanged February 25, 1853 ; proclaimed June 6, 1853. Articles. I. Powers of consuls. I III. Ratiflcation. II. Duration of convention. I The United States of America and the Free and Hanseatic Eepub- lics 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 stipu- lations, have named for this purpose, as their respective Plenipoten- tiaries, to wit: The President of the United States of America, Daniel Webster, Secretary of State of the United States, and the Senate of the Free and Hanseatic City of Hamburg, the Senate of the Free and Hanseatic City of Bremen, and the Senate of the Free and Hanseatic City of Lubeck, Albert Schumacher, Consul-General of Hamburg and Bremen in the United States; Who, having exchanged their full powers, found in due and proper form, have agreed to and signed the following articles: Article I. The Consuls, Vice-Consuls, commercial and vice-commercial agents of each of the high contracting parties shall have the right as such. “This convention was superceded by the Geueral Consular Convention with the German Empire of 1871. HANSEATIC EEPUBUCS 1852. 907 to sit as judges and arbitrators in such differences as may arise be- tween the masters and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interfer- ence of the local authorities, unless the conduct of the crews or of the master should disturb the order or tranquillity of the country; or the said Consuls, Vice-Consuls, commercial agents, or vice-commercial agents, should require their assistance in executing or supporting their own decisions. But this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their own country. Article II. The present convention shall be in force for the term of twelve years from the day of its ratifications; and further until the end of twelve months, after the Government of the United States on the one part, or the Free and Hanseatic Republicks of Hamburg, Bremen, or Lubeck, or either of them, on the other part, shall have given notice of their intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of the said term of twelve years. And it is hereby agreed that, at the expiration of twelve months after such notice shall have been received by either of the parties from the other, this 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 Free and Hanseatic Eepublicks aforesaid shall, at the expira- tion of twelve years from the date of the ratification of the conven- tion, give or receive notice of the termination of the same, it shall, nevertheless, remain in full force and operation, as far as regards the remaining Free and Hanseatic Republicks or Republick, which may not have given or received such notice. Article III. This convention is concluded subject to the ratification of the Presi- dent of the United States of America, by and with the advice 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.] [seal.] Dan’l Webster. A. Schumacher. HAWAIIAN ISLANDS. The cession of the Hawaiian Islands to the United States having been accepted by the resolution approved by the President July T, 1898, (U. S. Stats. Vol. 30, p. 76.), the treaties with that country ter- minated upon the formation of the government for the Islands. 1849.“ Treaty of Friendship, Commerce, and Navigation and Extradi- tion. Concluded December £0, 181^9; ratification advised by the Senate January IJf, 1850 ; ratified by the President February 4, 1850; ratifi- cations exchanged August 1850; froclaimed November 5, 1850. Abticles. I. Amity. II. Commerce and navigation. III. Duties, bounties, etc. IV. Tonnage duties. V. Coasting trade. VI. Steam vessels carrying mail. VII. Whale ships. VIII. Reciprocal privileges of citizens. IX. Reciprocal privileges in business. X. Consuls. XI. Religious liberty. XII. Shipwrecks. XIII. Asylum for vessels. XIV. Extradition. XV. Mail arrangements. XVI. Duration. XVII. Ratification. 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 subsisted between their respective States, and consolidating the com- mercial intercourse between them, have agreed to enter into negotia- tions for the conclusion of a treaty of friendship, commerce, and navi- gation, for which purpose they have appointed Plenipotentiaries, that is to say : The President of the United States of America, John M. Clayton, Secretary of State of the United States; and His Majesty the King of the Hawaiian Islands, James Jackson Jarves, accredited as his special Commissioner to the Government of the United States ; Who, after having exchanged their full powers, found in good and due form, have concluded and signed the following articles; Article I. There shall be perpetual peace and amity between the United States and the King of the Hawaiian Islands, his heirs and his successors. “This treaty terminated on cession of Islands to United States. 908 HAWAIIAN ISLANDS— 1849. 909 Akticle II. There shall be reciprocal liberty of commerce and navigation be- tween the United States of America and the Hawaiian Islands. No duty of customs, or other impost, shall be charged upon any goods, the produce or manufacture of one country, upon importation from such country into the other, other or higher than the duty or impost charged upon goods of the same kind, the produce 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 have been gratuitous, and in return for a compensation, as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional. Article III. All articles, the produce or manufacture of either country, which can legally be imported into either country from the other, in ships of that other country, and thence coming, shall, when so imported, be subject to the same duties, and enjoy the same privileges, whether imported in ships of the one country or 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 allow- ances, whether exported in ships of the one country or in ships of the other; and all goods and articles, of whatever description, not being of the produce or manufacture of the United States, which can be legally imported into the Sandwich Islands, shall, when so imported in vessels of the United States, pay 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 denomi- nation, shall be imposed in either country upon the vessels of the other in respect of voyages between the United States of America and the Hawaiian Islands, if laden, or in respect of any voyage if in ballast, which shall not be equally 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 of either contract- ing party, such navigation and trade being reserved exclusively to national vessels. 910 TREATIES, CONVENTIONS, ETC. Article VI. Steam-vessels of the United States which may be employed by the Government of the said States in the carrying of their public mails across the Pacific Ocean, or from one port in that 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 pertain- ing to the public mail service of the United States, and shall be sub- ject in such ports to no duties of tonnage, harbor, light-house, quar- antine, or other similar duties, of whatever nature or under whatever denomination. Article VII. The whale-ships of the United States shall have access to the ports of Hilo, Kealakekua, and Hanalei, in the Sandwich Islands, for the purposes of refitment and refreshment, as well as to the ports of Honolulu and Lahaina, which only are ports of entiy for all merchant vessels; and in all the above-named ports they shall be permitted to trade or barter their supplies or goods, excepting spirituous liquors, to the amount of two hundred dollars ad valorem for each vessel, 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 ex- emption from all charges for tonnage and harbor dues, further to trade or barter, with the same exception as to spirituous liquors, to the additional 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 imported in the vessels and by the citizens or subjects of the most favored foreig-n 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 Hono- lulu ; 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 Sandwich Islands other than Lahaina or Honolulu. Article. VIII. The contracting parties engage, in regard to the personal privileges that the citizens of the United States of America shall enjoy in the dominions of His Majesty the King of the Hawaiian Islands and the subjects of his said INIajesty in the United States of America, that they shall have free and undoubted right to travel and reside HAWAIIAN ISLANDS 1849. 911 in the States of the two high contracting parties, subject to the same precautions of police which are practiced towards the subjects or citi- zens of the most favored nations. They shall be entitled to occupy dwellings and warehouses, and to dispose of their personal property of every kind and description, by sale, gift, exchange, will, or in any other way whatever, without the smallest hindrance or obstacle ; and their heirs or representatives, being subjects or citizens of the other contracting party, shall succeed to their personal goods, whether by testament or ab intestato, and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at 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 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 Avhich of them said goods belong, the same shall' be decided finally by the laws and judges of the land wherein the said goods are. AAdiere, on the decease of any person holding real estate ivithin the territories of one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other Avere 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 citizens of the most favored nations in the respective States of the high contracting parties. They shall be exempt from all military service, Avhether by land or by sea ; from forced loans; and from every extraordinary contribution not general and by law established. Their dwellings, warehouses, and all premises appertaining thereto, destined for the purposes of commerce or residence, shall be respected. Xo arbitrary search of or visit to their houses, and no arbitrary examination or inspection whatever of the books, papers, or accounts of their trade shall be made; but such measures shall be executed only in conformity Avith the legal sentence of a competent tribunal ; and each of the tAvo 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 ahvays to the laws and statutes of the tAvo countries, respectively. Article IX. The citizens and subjects of each of the two contracting parties shall be free in the States of the other to manage their own affairs themselves, or to commit those affairs to the management of any per- sons whom they may appoint as their broker, factor, or agent; nor shall the citizens and subjects of the two contracting parties be re- strained in their choice of persons to act in such capacities, nor shall 912 TREATIES, CONVENTIONS, ETC. 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 of the two contracting parties, save and except generally such cases wherein the laws and usages of the country may require the intervention of any special agents in the States and dominions of the contracting parties. But nothing contained in this or any other article of the present treaty shall be construed to authorize the sale of spirituous liquors to the natives of the Sandwich Islands, farther than such sale may be allowed by the Hawaiian laws. Article X. Each of the two contracting parties may have, in the ports of the other. Consuls, Vice-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 Consuls shall exercise commerce, they shall be subject to the same laws and usages to which the private individuals of their nation are subject in the same place. The said Consuls, Vice-Consuls, and Commercial Agents are authorized to require the assistance of the local authorities for the search, arrest, detention, and imprisonment of the deserters from the ships of war and merchant vessels of their country. F or this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand the said deserters, proving, by the exhibi- tion of the registers of the vessels, the rolls of the crews, or by other official documents, that such individuals formed part of the crews; and this reclamation being thus substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the dis- posal 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 ac- count of whom the deserters have been apprehended, upon requisi- tion 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 com- mitted any crime or offence, their surrender may be delayed until the tribunal before which their case shall be depending shall have pro- nounced its sentence, and such sentence shall have been carried into effect. Article XI. It is agreed that perfect and entire liberty of conscience shall be enjoyed by the citizens and subjects of both the contracting parties, in the countries of the one and the other, without their being liable HAWAIIAN ISLANDS 1849. 913 to be disturbed or molested on account of their religious belief. But nothing contained iii this article shall be construed to interfere with the exclusive right of the Hawaiian Government to regulate for itself the schools which it may establish or support within its jurisdiction. Article XII. If any ships of war or other vessels be wrecked on the coasts of the States or territories of either of the contracting parties, such ships or vessels, or any parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandise which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored, with the least possible delay, to the proprietors, upon being claimed by them, or by their duly authorized factors; and if there are no such proprietors or factors on the spot, then the said goods and merchandise, or the proceeds thereof, as well as all the papers found on board such wrecked ships or vessels, shall be delivered to the American or Hawaiian Consul or Vice-Consul in whose district the wreck may have taken place ; and such Consul, Vice-Consul, pro- prietors, or factors, shall pay only the expenses incurred in the pres- ervation of the property, together with the rate of salvage and ex- penses 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 con- sumption, it being understood that in case of any legal claim upon such wreck, goods, or merchandise, the same shall be referred for de- cision to the competent tribunals of the country. Article 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 ports of the other, shall be exempt from all duties of port 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. Article XIV. The contracting parties mutually agree to surrender, upon official requisition, to the authorities of each, all persons who, being charged with the crimes of murder, piracy, arson, robbery, forgery, or the ut- terance of forged paper, committed within the jurisdiction of either, 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 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 per- 24449— VOL 1—10 58 914 TREATIES, CONVENTIONS, ETC. son 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 execu- tive 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. Article XV. So soon as steam or other mail packets, under the flag of either of the contracting parties, shall have commenced running between their respective ports of entry, the contracting parties agree to receive at the post-offices of those ports all mailable matter, and to forward it as directed, the destination being to some regular post-office of either country; charging thereupon the regular postal rates as established by law in the territories of either party receiving said mailable matter, in addition to the original postage of the office whence the mail was sent. Mails for the United States shall be made up at regu- lar intervals at the Hawaiian post-office, and despatched to ports of the United States ; the postmasters at which ports shall open the same, and forward the enclosed matter as directed, crediting the Hawaiian Government with their postages as established by law, and stamped upon each manuscript or printed sheet. All mailable matter destined for the Hawaiian Islands shall be re- ceived 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 agi’eeing 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 pre- paid. 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 the ratifications, for the term of ten years, and further, until the end of twelve months after either of the contracting jiarties 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 subse- quent 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 sanction such violation. HAWAIIAN" ISLANDS 1849-1875. 915 Article XVII. The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate of the said States, and by His Majesty the King of the Hawaiian Islands, by and with the advice of his Privy Council of State, and the ratifications shall be exchanged at Honolulu within eighteen months from the date of its signature, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same in triplicate, and have thereto affixed their seals. Done at Washington, in the English language, the twentieth day of December, in the year one thousand eight hundred and forty-nine. [seal.] John M. Clayton. [seal.] James Jackson Jarves. 1875.“ Treaty of Reciprocity. Concluded January 30^ 1875; ratifcation advised hy the Senate March 18, 1875; ratified hy the President May 31, 1875; ratifications exchanged June 3, 1875; 'proclaimed June 3, 1875. Articles. I. Hawaiian products to be admitted. II. American products to be admitted. III. Evidence as to growth and manu- facture. IV. Export duties. V. Duration. VI. Ratification. The United States of America and His Majesty the King of the Hawaiian Islands, equally animated by the desire to strengthen and perpetuate the friendly relations which have heretofore uniformly existed between them, and to consolidate their commercial inter- course, have resolved to enter into a Convention for Commercial Reciprocity. For this purpose, the President of the United States has conferred full powers on Hamilton Fish, Secretary of State, and His Majesty the King of the Hawaiian Islands has conferred like 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 Plenipo- tentiary to the United States of America, and Honorable Henry A. P. Carter, Member of the Privy Council of State, His Majesty’s Special Commissioner 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 fol- lowing articles. Article I. For and in consideration of the rights and privileges granted by His Majesty the King of the Hawaiian Islands in the next succeeding article of this convention and as an equivalent therefor, the United “ Terminated on cession of islands to United States. Federal case. Netber- clift V. Robertson (2.3 Blatch., 548). 916 TREATIES, CONVENTIONS, ETC, States of America hereby agree to admit all the articles named in the following 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. SC^HEDXXLE* Arrow-root; castor oil; bananas, nuts, vegetables, dried, and un- dried, 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 com- monly imported from the Hawaiian Islands and now known in the markets of San Francisco and Portland as “ Sandwich Island sugar;” syrups of sugar-cane, melado, and molasses ; tallow. Article II. For and in consideration of the rights and privileges granted by the United States of America in the preceding article of this convention, and as an equivalent therefor. His Majesty, the 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. Agricultural implements; animals; beef, bacon, pork, ham and all fresh, smoked or preserved meats ; boots and shoes ; grain, flour, meal, and bran, bread and breadstuffs, of all kinds; bricks, lime and cement; butter, cheese, lard, tallow, bullion ; coal, cordage, naval stores includ- ing tar, pitch, resin, turpentine raw and rectified; copper and com- position sheathing; nails and bolts; cotton and manufactures of cot- ton bleached, and unbleached, and whether or not colored, stained, painted or printed; eggs; fish and 03^sters, and all other creatures living in the water, and the products thereof; fruits, nuts, and vege- tables, green, dried or undried, preserved or unpreserved; hardware; hides, furs, skins and pelts, dressed or undressed; hoop iron, and rivets, nails, spikes and bolts, tacks, brads or sprigs; ice; iron and steel and manufactures thereof; leather; lumber and timber of all kinds, round, hewed, sawed, and unmanufactured 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 manu- factures 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 cloth- ing; wagons and carts for the purposes of agriculture or of drainage; wood apd manufactures of wood, or of wood and metal except furni- ture 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 readv-made clothing; harness and all manufactures of leather; starch; and tobacco, whether in leaf or manufactured. HAWAIIAN ISLANDS 1875. 917 Article III. The evidence that articles proposed to be admitted into the ports of the United States of America, or the ports of the Hawaiian Islands, free of duty, under the first and second articles of this 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 respec- tively prescribe. Article IV. No export duty or charges shall be imposed in the Hawaiian Islands or in the United States, upon any of the articles proposed to be admit- ted 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 con- vention. 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 otherwise dispose of or create any lien upon any port, harbor, or other territory in his dominions, or grant any special 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 into operation shall have been passed bj?^ the Congress of the United States of America. Such assent having been given and the ratifica- tions 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 expi- ration 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. Article VI. The present convention shall be duly ratified, and the ratifications exchanged at Washington city, within eighteen months from the date hereof, or earlier if possible. In faith whereof the respective Plenipotentiaries of the high con- tracting 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.] Hamilton Fish. [seal.] Elisha H. Allen. [seal.] Henry A. P. Carter. “Time extended by convention of January 30, 1884, p. 919. 918 TREATIES, CONVENTIONS, ETC. 1876. Protocol of a Conference Between the Acting Secretary of State of the United States and the Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of the Hawaiian Islands. Held at W ashington 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 pro- claimed on the part of the Government of the United States, but not until the law to carry it into operation shall have been passed by the Congress of the United States of America, such assent having been given, and the ratifications 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 termi- nate 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 pi’oclaimed His Majesty the King of the Hawaiian Islands and has been rati- fied 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 Kepre- sentatives of the United States of America in Congress assembled entitled “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 loth 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. 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 authorized for this purpose by their respective Governments, haA^e met together at Washington, and having found the said convention has been approved and proclaimed by His Majesty the King of the Ha- waiian Islands and has been ratified and duly proclaimed on the part of the Government of the United States, and that the laws required to HAWAIIAN ISLANDS 1875-1884. 919 carry the said Treaty into operation have been passed by the Con- gress of the United States of America on the one part and by the Legislative Assembly of the Hawaiian Islands on the other, hereby declare that the Convention aforesaid concluded between the United States of America and His Majesty the King of the Hawaiian Islands on the 30th day of January, 1875, will take effect on the date hereof. In witness whereof the undersigned have signed this protocol and have hereunto affixed their seals. Done in duplicate, at Washington, this ninth day of September, one thousand eight hundred and seventy-six. [seal.] W. Hunter. [seal.] Elisha H. Allen. 1884.“ Reciprocity Convention. Concluded December 6, 1884-; ratification advised by the Senate with amendments January 20, 1887 ; ratified by the President Novem- ber 7, 1887 ; ratification exchanged November 9, 1887. Articles. I. Duration of convention of 1875 ex- I II. Coaling station, tended. | III. Ratification. 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 the 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 termi- nate the same; and Whereas, the High Contracting Parties consider that the increase and consolidation of their mutual commercial interests would be bet- ter promoted by the definite limitation of the duration of the said convention ; Therefore, the President of the United States of America, and His Majesty the King of the Hawaiian Islands, have appointed: The President of the United States of America, Frederick T. Frelinghuysen, Secretary of State; and His Majesty the King of the Hawaiian Islands, Henry A. P. Car- ter, accredited to the (xovernment of the United States, as His Maj- esty’s Envoy Extraordinary and Minister Plenipotentiary; 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 time fixed for the duration of the said convention, shall be definitely extended for a term of seven years from the date of the exchange of ratifications “ Tei’minated ou cession of islands to the United States. 920 TREATIES, CONVENTIONS, ETC. 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. Article II. ® His Majesty the King of the Hawaiian Islands grants to the Gov- ernment of the United States the exclusive right to enter the harbor of Pearl River 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 purpose afore- said. Article III. The present convention shall be ratified and the ratifications ex- changed at Washington, as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the present convention in duplicate, and have hereunto affixed their respective seals. Done at the city of Washington the 6th day of December, in the year of our Lord 1884. [seal.] Fred’k T. Frelinghtjysen. [seal.] Henry A. P. Carter. “ This article is an amendment of the Senate which was accepted by the Hawaiian Government. HAYTI. (HAITI.) 1864. Treaty of Amity, Commerce and Navigation, and Extradition." Concluded November 3, ISGIf.; ratifjcation advised by the Senate Jan- uary 17, 1865; ratified by the President May 18, 1865; ratifications exchanged May 23, 1865; proclaimed July 6, 1865. Articles. I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX. XXI. XXII. XXIII. Amity. Most favored nation treatment. Immunity in case of war. Confiscations prohibited. Personal exemptions of citizens. Trade privileges. Privacy of books and papers. Eeligious freedom. Disposal of personal property. Imports. Exports. Coasting trade. Equality of duties and prohibi- tions. Discriminating duties. Rights of asylum. Shipwrecks. Neutrality of vessels. Blockades. Free ships, free goods. Contraband articles. Goods not contraband. Merchant ships. Papers of neutral vessels. XXIV. XXV. XXVI. xxvn. XXV I II. XXIX. XXX. XXXI. XXXII. XXXIII. XXXIV. XXXV. XXXVI. XXXVII. XXXVIII. XXXIX. XL. XLI. XLII. XLIII. Right of search. Ships under convoy. Captures. Care of property captured. Prize courts. Entry of captured vessels. Restriction on foreign pri- vateers. Letters of marque forbid- den: Diplomatic privileges. Consular service. Exequators. Consular privileges. Deserters from ships. Consular convention to be concluded. Extradition of fugitives from justice. Extraditable crimes. Surrender ; expenses. Political offenses. Duration. Ratification. The United States of America and the Republic of Hayti, desiring to make lasting and firm the friendship and good understanding which happily prevail between both nations, and to place their com- mercial relations upon the most liberal basis, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall, in future, be religiously observed between the one and the other, by means of a treaty of amity, commerce, and navigation, and for the extradition of fugative criminals. For this purpose they have appointed as their Plenipotentiaries, to wit: The President of the United States, Benjamin F. Whidden, Com- missioner and Consul General of the United States to the Republic of Hayti; and the President of Hayti, Boyer Bazelais, Chef d’Esca- dron, his Aide-de-Camp and Secretary; Deuouuced by Haiti to take effect May 7, 1905. 921 922 TREATIES, CONVENTIONS, ETC. Who, after a reciprocal communication of their respective full powers, found in due and proper form, have agreed to the following articles ; Article I. There shall be a perfect, firm, and inviolable peace and sincere friendship between the United States of America and the Eepublic of Hayti, 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 Republic of Hayti, 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, 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 Government, nation, or State, shall extend, in identity of cases and circumstances, to the citizens of the other contracting party; gratuitously, if the concession in favor of that other Government, nation or State shall have been gratuitous ; or in return for an equivalent compensation, if the concession shall have been conditional. Article III. If by any fatality (which cannot be expected, and which God for- bid) 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 and inhabitants respec- tively, on each side, during which time they shall be at liberty to with- draw themselves, with their effects and movables, which they shall have the right to carry away, send away, or sell, as they please, with- out the least obstruction ; nor shall their effects, much less their per- sons, be seized during such term of six months; which immunity is not in any Avay to be construed to prevent the execution of any ex- isting 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 con- duct against the insults and captures which privateers may attempt against their persons and effects. Article IV. Neither the money, debts, shares in the public funds or in banks, or any other property, of either party, shall ever, in the event of war or national difference, be sequestered or confiscated. Ajiticle V. The citizens of each of the high contracting parties, residing or established in the territory of the other, shall be exempt from all compulsory military duty by sea or by land, and from all forced HAYTI — ^1864. 923 loans or military exactions or requisitions; nor shall they be com- pelled to j^ay 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 of the other, engage in business, hire and occupy warehouses, provided they submit to the laws, as well general as special, relative to the rights of travelling, residing, or trading. While they conform to the laws and regulations in force, they shall be at liberty to manage themselves their own business, subject to the jurisdiction of either party respec- tively, as well as in respect to the consignment and sale of their goods as with respect to the loading, unloading, and sending off their ves- sels. They may also employ such agents or brokers as they may deem proper; it being distinctly understood that they are subject also to the same laws. The citizens of the contracting parties shall have free access to the tribunals of justice, in all cases to which they may be a party, on the same terms which are granted by the laws and usage of the country to native* citizens, furnishing security in the cases required ; for which purpose they may employ in the defence of their interests and rights such advocates, solicitors, attorneys, and other agents as they may think proper, agreeably to the laws and usage of the country. Article VII. There shall be no examination or inspection of the books, papers, or accounts of the citizens of either country residing within the juris- diction of the other without the legal order of a competent tribunal or judge. Article VIII. The citizens of each of the high contracting parties, residing with- in the territory of the other, shall enjoy full liberty of conscience. They shall not be disturbed or molested on account 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 authorities. Article IX. The citizens of each of the high contracting parties, within the jurisdiction of the other, shall have power to dispose of their per- sonal property by sale, donation, testament, or otherwise; 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 citizens of the country wherein the said personal property is situated shall be subject to pay in like 924 TREATIES, CONVENTIONS, ETC. 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, 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 de- termined by the judicial tribunals of the country in which it is situated. Article X. The high contracting parties hereby agree that whatever kind of produce, manufactures, or merchandise of any foreign country can be, from time to time, lawfully imported into the United States in their own vessels, may also be imported in the vessels of the 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 imported into Hayti in her own vessels, may be also imported in the vessels of the United States, 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. Article XI. It is also hereby agreed that whatever may be lawfully exported or re-exported from the one country in its own vessels, to any foreign country, may in like manner be exjiorted or re-exjiorted in vessels of the other; and the same duties, bounties, and drawbacks shall be col- lected and allowed as are collected of and allowed to the most favored nation. It is also understood that the foregoing principles shall apply, whetlier the vessels shall have cleared directly from the ports of the nation to which they appertain, or from the ports of any other nation. Article XII. The provisions of this treaty are not to be understood as applying to the coasting trade of the contracting parties, which is respectively reserved by each exclusively, to be regulated by its own laws. Article XIII. No higher or other duties shall be imposed on the importation into the United States of any article the growth, produce, or manufacture of Hayti or her fisheries; and no higher or other duties shall be im- posed on the importation into Hayti of any article the growth, prod- uce, or manufacture of the United States or their fisheries, than are or shall be payable on the like articles the growth, produce, or manu- facture of any other foreign countrj^ or its fisheries. No other or higher duties or charges shall be imposed in the United States on the exportation of any article to Hayti, nor in Hayti on the exportation of any article to the United States, than such as are or shall be payable on the exportation of the like article to any for- eign country. HAYTI ^1864. 925 No prohibition shall be imposed on the importation of any article the growth, produce, or manufacture of the United States or their fisheries, or of Hayti and her fisheries, from or to the ports of the United States or Hayti, which shall not equally extend to any other foreign country. Article XIV. It is hereby agreed that if either of the high contracting parties should hereafter 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 forced to seek refuge or asylum in the rivers, ports, or dominions of the other with their vessels, whether merchant or war, through stress of weather, pursuit of pirates or enemies, or want of provisions or water, they shall be received and treated with humanity, 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 pri- vate 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. Article XVI. Vdien any vessel of either party shall be wrecked, stranded, or otherwise damaged on the coasts or within the jurisdiction of the other, their respective citizens shall receive, as w^ell for themselves as for their vessels and effects, the same assistance which would be due to the inhabitants of the country where the accident happened; and they shall be liable to pay the same charges and dues of salvage as the said inhabitants would be liable to pay in 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 unloaded, no duties of custom, charges, or fees on such cargo as may be carried away shall be paid, except such as are payaMe in like cases by national vessels. Article XVII. It shall be lawful for the citizens of either Republic to sail with their ships and merchandise (contraband goods excepted) 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 their ships and merchandises before mentioned, and to trade with the same liberty and security, not only from ports and places of those 926 TREATIES, CONVENTIONS, ETC. 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 an- other place belonging to an enemy, whether they be under the juris- diction of one or several Powers, unless such ports or places are block- aded, 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 same is either besieged, blockaded, or invested, it is hereby agreed by the high con- tracting parties 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 no- tice 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, provided the same be not blockaded, besieged, or in- vested. 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 confiscation, but they shall be restored to the owners thereof. Article XIX. The two high contracting parties recognize as permanent and im- mutable 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 at war are free from capture or confiscation when found on board neutral vessels, with the exception of articles contraband of war. 2nd. That the property of neutrals on board of an enemy’s vessel is not subject to confiscation, unless the same be contraband of war. The like neutrality shall be extended to persons who are on board a neutral ship, with this effect, that although they may be enemies of both or either party, they are not to be taken out of that ship unless they are officers or soldiers, and in the actual service of the enemy. The contracting parties engage to apply these principles to the com- merce and navigation of all such Powers and States as shall consent to adopt them as permanent and immutable. Article XX. The liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only which are distinguished by the name of contraband of war, and under this name shall be compre- hended— 1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, hal- berds, 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. HAYTI — 1864. 927 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 arti- cles of contraband explicitly enumerated and classified as above shall be held and considered as free, and subjects of free and lawful com- merce, so that they be carried and transported in the freest manner by the citizens of both the contracting parties, even to places belong- ing to an enemy, excepting only those places which are at the time besieged or blockaded. Article XXII. In time of war the merchant ships belonging to the citizens of either of the contracting parties which shall be bound to a port of the enemy of one of the parties, and concerning whose voyage and the articles of their cargo there may be just grounds of suspicion, shall be obliged to exhibit not only their passports, but likewise their cer- tificates, showing that their goods are not of the quality of those specified as contraband in this treaty. Article XXIII. To avoid all kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to the citi- zens of the contracting parties, it is hereby agreed that when one party shall be engaged in war, and the other party shall be neutral, the vessels of the neutral party shall be furnished with passports, that it may appear thereby that they really belong to citizens of the neutral party. These passjDorts shall be valid for any number of voyages, but shall be renewed every year. If the vessels are laden, in addition to the passports above named they shall be provided with certificates, in due form, made out by the officers of the jilace 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 quantity of contraband goods be greater than can be con- veniently 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 convenient 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 ex- amined by a proper judge or tribunal; and if it shall appear from other documents or proofs, admissible by the usage of nations, that the vessel belongs to citizens or subjects of the neutral party, it shall not be confiscated, but shall be released with her cargo, (contraband goods excepted,) and be permitted to proceed on her voyage. 928 TREATIES, CONVENTIONS, ETC. Article XXIV. In order to prevent all kinds of disorder in the visiting and exami- nation 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 property ; for which jiurpose the commanders of all private armed vessels shall, before receiving their commissions, give sufiicient secur- ity 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 purpose whatever. Article XXV. It is expressly agreed by the high contracting parties that the stip- ulations before mentioned, relative to the conduct to be observed on the sea by the cruisers of the belligerent 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 convoyed, it being the in- tention of the parties to observe all the regards due to the protection of the flag displayed by public ships, it shall not be lawful to visit them; but the verbal declaration of the commander of the convoy that the ships he convoys belong to the nation whose flag he carries, and that they have no contraband goods on board, shall be considered by the respective cruisers as fully sufficient; the two parties recipro- cally engaging not to admit, under the protection of their convoys, ships which shall have on board contraband goods destined to an enemy. Article XXVI. "Whenever vessels shall be captured or detained, to be carried into port under pretence of carrying to the enemy contraband 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 small- est part of the goods, unless the lading be brought on shore in pres- ence of the competent officers, and an inventory be made by them of the same. Nor shall it be lawful to sell, exchange, or alienate the said articles of contraband in any manner, unless there shall have been lawful process, and the competent judge or judges shall have pronounced against such goods sentence of confiscation. Article XXVII. That proper care may be taken of the vessel and cargo, and em- bezzlement prevented in time of war, it is hereby agreed that it shall not be lawful to remove the master, commander, or supercargo of any HAYTI — 1864. 929 captured vessel from on board thereof, during the time the vessel may be at sea after her capture, or pending the proceedings against her or her cargo, or anything relating thereto ; and in all cases where a vessel of the citizens of either party shall be captured or seized and held for adjudication, her officers, passengers, and crew shall be hospitably treated. They shall not be 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 passen- gers five hundred dollars each, and for the sailors one hundred dol- lars each. Akticle 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, shall alone take cognizance of them. And whenever such tribunal of either of the parties shall pronounce judgment against any vessel, or goods, or property claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives on which the same shall have been founded, and an authenticated copy of the sen- tence or decree, and all of the proceedings in the case, shall, if de- manded, be delivered to the commander or agent of the said vessel without any delay, he paying the legal fees for the same. Article XXIX, 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 commissions, which the commanders of such ships shall be obliged to show. It is understood, however, that the privileges conferred by this article shall not extend beyond those allowed by law or by treaty with the most favored nation. Article XXX. It shall not be lawful for any foreign privateers who have commis- sions from any Prince or State in enmity with either nation to fit their ships in the ports of either, to sell their prizes, or in any man- ner to exchange them ; neither shall they be allowed to purchase pro- visions, 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 let- ters of marque for arming any ship or ships to act as privateers against the said United States, or any of them, or against the citi- 24449— VOL 1—10 59 930 TREATIES, CONVENTIONS, ETC. zens, 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 arm- ing any ship or ships to act as privateers against the citizens or in- habitants of Hayti, or any of them, or the property of any of them, from any Prince or State with which the said Republic shall be at war; and if any person of either nation shall take such commission or letters of marque, he shall be punished according to their re- spective laws. Article XXXIL The high contracting parties, desiring to avoid all inequality in their public communications and official intercourse, agree to 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 Republic of Playti 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 contracting parties. Article XXXIII. To protect more effectually the commerce and navigation of their respective citizens, the United States of America and the Republic of Hayti agree to admit and receive, mutually. Consuls and Vice-Con- suls in all their ports open to foreign commerce, who shall enjoy, within their respective consular districts, all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation. Article XXXIV. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities which be- long to them by their public character, they shall, before exercising their official functions, exhibit to the Government to which they are accredited their commissions or patents in due form ; and, having ob- tained their exequatur, they shall be acknowledged, in their official character, by the authorities, magistrates, and inhabitants, in the consular district in which they reside. Article XXXV. It is also agreed that the Consuls, their secretaries, officers, and per- sons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempt from all kinds of 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 besides, subject to the laws of the respective States. The archives and papers of the con- sulates 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. 931 foreign missions library, 156 Fifth te.Y^*rk. Article XXXVL 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 ves- sels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, de- mand such deserters, proving by the exhibition of the registers of the vessels, the muster-rolls of the crews, or by any other official docu- ments, 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 coun- try. 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 arrested for the same cause. Article XXXVII. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon here- after as circumstances will permit, to form a consular convention, which shall declare specially the powers and immunities of the Con- suls and Vice-Consuls of the respective parties. Article XXXVIII. It is agreed that the high contracting parties shall, on requisitions made in their name, through the medium of their respective diplo- matic 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 asjdum or shall be found within the territories of the other: Provided^ That this shall be done only when the fact of the commission of the crime shall be so established as to justify their apprehension and commitment for trial, if the crime had been committed in the country where the per- sons so accused shall be found ; in all of which the tribunals of said country shall proceed and decide according to their own laws. Article XXXIX. Persons shall be delivered up, according to the provisions of this treaty, who shall be charged with any of the following crimes, to wit : murder, (including assassination, parricide, infanticide, and poison- ing,) attempt to commit murder, piracy, rape, forgery, the counter- feiting of money, the utterance of forged paper, arson, robbery, and embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infa- mous punishment. Article XL. The surrender shall be made, on the part of each country, only by the authority of the Executive thereof. The expenses of the deten- 932 TREATIES, CONVENTIONS, ETC. tion and delivery, effected in virtue of the preceding articles, shall be at the cost of the party making the demand. Article XLI. The provisions of the foregoing articles relating to the extradition of fugitive criminals shall not apply to offences committed before the date hereof, nor to those of a political character. Neither of the con- tracting parties shall be bound to deliver up its own citizens under the provisions of this treaty. Article XLII. The present treaty shall remain in force for the term of eight years, dating from the exchange of ratifications; and if one year before the expiration of that period neither of the contracting parties shall have given notice to the other of its intention to terminate the same, it shall continue in force, from year to year, until one year after an official notification to terminate the same, as aforesaid. Article XLIII. The present treaty shall be submitted on both sides to the approval and ratification of the respective competent authorities of each of the contracting parties, and the ratifications shall be exchanged at Wash- ington within six months from the date hereof, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the foregoing articles, in the English and French languages, and they have herunto affixed their seals. Done, in duplicate, at the city of Port au Prince, this third day of November, in the year of our Lord one thousand eight hundred and sixty-four. [seal.] B. F. Whidden. [seal.] Boyer Bazelais. 1884. Protocol of an Agreement for Submission to an Arbitrator of THE Claims of Antonio Pelletier and A. H. Lazare, against Hayti. Signed May 28, 1884-. protocol of an agreement for the submission to an arbitrator of THE claims known AS THE PELLETIER AND LAZARE CLAIMS AGAINST HAYTI. Whereas, the Government of the United States of America has pre- sented to the Government of Hayti, the claims of Antonio Pelletier and A. H. Lazare for indemnity for acts against person and property alleged to have been done by Haytien authorities; and Whereas, the Government of Hayti has persistently denied its lia- bility in the premises; and HATTI — ^1884. 933 Whereas, the Honorable William Strong, formerly one of the Justices of the Supreme Court of the United States of America, inspires both the contracting parties with full confidence in his learn- ing, ability and impartiality: therefore The undersigned Frederick T. Frelinghuysen, Secretary of State of the United States, and Stephen Preston, Envoy Extraordinary and Minister Plenipotentiary of the Eepublic of Hayti, duly empowered thereto by their respective Governments, have agreed upon the stip- ulations contained in the following articles. AKTICnE I. The said claims of Antonio Pelletier and A. H. Lazare against the Eepublic of Hayti shall be referred to the said Honorable William Strong, as sole Arbitrator thereof, in conformity with the conditions hereinafter laid down. AETICI.E II. The following facts as to these two claims are admitted by the Government of Hayti. AS TO ANTONIO PELLETIER: That Pelletier was master of the bark “ William ”, which vessel en- tered Fort Liberte about the date claimed (31st of March 1861) ; that the master and crew were arrested and tried on a charge of piracy and attempt at slave trading; that Pelletier, the master, was sentenced to be shot and the mate and other members of the crew to various terms of imprisonment; that the Supreme Court of Hayti reversed the judgment as to Pelletier, and sent the case to the Court at Cape Haytien, where he was retried, and sentenced to five years’ imprisonment ; and that the vessel, with her tackle, was sold, and the proceeds divided between the Haytien Government and the party who, claiming to have suffered by her acts, proceeded against the vessel in a Haytian tribunal. AS TO A. H. LAZARE : That Lazare entered into a written contract with the Haytian Gov- ernment, September 23, 1874, for the establishment of a National Bank at Port-au-Prince, with branches, — the capital being fixed first at $3,000,000, and afterwards reduced to $1,500,000 of which capital the Government was to furnish one-third part and Lazare two-thirds ; that the Bank was to be opened in one year from the date of the con- tract, and an extension of forty-five days on this time was granted on Lazare’s request; and that on the day when the Bank was to be opened the Haytian Government, alleging that Lazare had not ful- filled his part of the engagement, declared, in accordance with the stipulations of Article 24 of the agreement, the contract null and void, and forfeited on his, Lazare’s, part. \ Article HI. The said Arbitrator shall receive and examine all papers and evi- dence relating to said claims, which may be presented to him on behalf of either Government. 934 TREATIES, CONVENTIONS, ETC. If, in presence of such papers and evidence so laid before him, the said Arbitrator shall request further evidence, whether documentary, or by testimony given under oath before him or before any person duly commissioned to that end, the two Governments, or either of them, engage to procure and furnish such further evidence by all means within their poiver, and all pertinent papers on file with either Government shall be accessible to the said Arbitrator. Both Governments may be represented before said Arbitrator by Counsel, who may submit briefs, and may also be heard orally if so desired by the Arbitrator. Article IV. Before entering upon the discharge of his duties, the said Arbi- trator shall subscribe to the following declaration : “ I do solemnly declare that I will decide impartially the claims of Antonio Pelletier and A. H. Lazare preferred on behalf of the Gov- ernment of the United States against the Government of the Republic of Hayti ; and that all the questions laid before me by either Govern- ment in reference to said claims shall be decided by me according to the rules of International Law existing at the time of the transactions complained of.” Article V. The said Arbitrator shall render his decision, separately, in each of the aforesaid cases, within one j^ear from the date of this agreement. Article VI. The High Contracting parties will pay equally the expenses of the Arbitration hereby provided ; and they agvee to accept the decision of said Arbitrator in each of said cases, as final and binding, and to give to such decision full effect and force, in good faith, ancl without un- necessary delay or any reservation or evasion whatsoever. In witness whereof, the undersigned have hereunto set their hands and seals this twenty-eighth day of May, 1884. Fredk. T. Frelinghuysen. [seal.] Stephen Preston. [seal.] 1885. Additional Protocol of Agreement for an Extension of the Term IN Which Decision of the Umpire Mai: be Given. Signed March 20^ 1885. additional protocol of agreement made for the purpose of extend- ing TO THE 28 JULY, 1885, THE TERM PROVIDED BY THE PROTOCOL OF AGREEMENT SIGNED AT WASHINGTON FOR THE SUBMISSION TO AN ARBI- TRATION OF THE CLAIJIS CALLED LAZARE AND PELLETIER. Whereas the Government of the United States has expressed to the Haytian Government the belief that the decision of the Arbi- trator named in virtue of the Protocol of agreement, signed at Wash- HAYTI — 1885-1888. 935 ington, the 28 May 1884, for the consideration of the said claims can- not be rendered the 28 May next, conformably to the provisions of Article V. of the said Protocol ; Whereas a new delay is thus recognized as necessary to favour the decision by arbitration; Whereas the Government of the United States having proposed the 28 July of the present year as the final term, the Haytian Gov- ernment, on its part accepts the date of the 28 July, 1885 as the last delay for the consideration of the claims Lazare and Pelletier; For these considerations and reasons; The undersigned, John Mercer Langston, Minister Resident of the United States of America in Hayti, and Brenor Prophete, General of Division, Secretary of State of War and of the Marine, charged par interim of the portfolio of Foreign Relations, duly empowered by their respective Governments, have concluded the agreement con- tained in the following article: Sole Aeticle. The date of the 28 July 1885, is fixed as the last delay in which shall be delivered the decision of the Arbitrator charged to consider the claims known under the name of claims Lazare and Pelletier. In witness whereof the undersigned have hereunto set their hands and seals this twentieth day of the month of March 1885. John Mercer Langston [seal.] B. Prophete. [seal.] The award in the claims of Pelletier and Lazare against Haiti was made July 13, 1885, in the sum of $57,250 and $117,500, respectively. This award was set aside by the Secretary of State. 1888. Protocol of an Agreement for Submission to an Arbitrator of the Claim of Charles Adrien van Bokkelen. Signed May ^4? 1888. The United States of America and the Republic of Hayti, being mutually desirous of maintaining the good relations that have so long subsisted between them and of removing, for that purpose, all causes of difference, their respective representatives, that is to say : Thomas F. Bayard, Secretary of State of the United States, and Stephen Preston, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Hayti, have agreed upon and signed the following protocol : 1. It having been claimed on the part of the United States that the imprisonment of Charles Adrien Van Bokkelen, a citizen of the United States, in Hayti, was in derogation of the rights to which he was entitled as a citizen of the United States under the treaties between the United States and Hayti, which the Government of the latter country denies, it is agreed that the questions raised in the cor- 936 TREATIES, CONVENTIONS, ETC. respondence between the two Governments in regard to the impris- onment of the said Van Bokkelen shall be referred to the decision of a person to be agreed upon by the Secretary of State of the United States and the Envoy Extraordinary and Minister Plenipotentiary of the Republic of Hayti. 2. The referee so chosen shall decide the case upon such papers as may be presented to him by the Secretary of State of the United States and the Minister of Hayti respectively, within two months after the date of his appointment ; but he shall not take into consid- eration any question not raised in the correspondence between the two Governments prior to the date of the signature of this protocol. 3. Each Government shall submit with the papers presented by it a brief of argument, and should the referee so desire, he may require further argument, oral or written, to be made within five months from the date of his appointment. He shall render his decision within six months from said date. 4. A reasonable fee to the Referee shall be paid by the Govern- ment of Hayti. 5. Any award made shall be final and conclusive and, if in favor of the claimant, shall be paid by the Government of Hayti within twelve (12) months of the date of such award. Done in duplicate, at Washington this 24th day of May, one thou- sand eight hundred and eighty-eight. T. F. BAYARD. [seal.] STEPHEN PRESTON, [seal.] The award under the foregoing protocol was rendered on Decem- ber 4, 1888, under which the claimant was awarded the sum of $60,000. 1899. Protocol of an Agreement.® Signed at W asMngton^ October 18, 1899. PROTOCOL OF AN AGREEMENT BETWEEN THE UNITED STATES AND HAITI, FOR THE ARBITRATION OF THE QUESTION OF THE LIABILITY AND AMOUNT OF DAMAGES TO BE AWARDED JOHN D. METZGER AND COMPANY. Signed at Washington, October 18, 1899. Protocol of an agreement between the Secretary of State of the United States and the Envoy Extraordinary and Minister Plenipo- tentiary of the Republic of Haiti, for submission to an arbitration of the question of liability and amount of damages to be awarded in favor of John D. Metzger and Company, American citizens, against the Republic of Haiti, signed at Washington. The United States of America and the Republic of Haiti, through their representatives, John Hay, Secretary of State of the United States of America, and J. N. Leger, Envoy Extraordinary and Min- “ Award, page 939. HAYTI — 1899. 937 ister Plenipotentiary of the Eepublic of Haiti, have agreed upon and signed the following protocol : — Whereas, the said John D. Metzger and Company, citizens of the United States of America, have claimed, through the Government of the United States, from the Government of Haiti, indemnity on ac- count of the seiziire and sale of their goods at Port-au-Prince for the non-payment of certain license taxes; and on account of the alleged failure to furnish them an adequate supply of water for the operation of their mill at Port-au-Prince; and on account of the alleged liability of Haiti on account of a quantity of lumber alleged to have been sold by them for a Relief Committee on the occasion of devastation by fire at Jacmel, it is agreed between the two Governments: — I. That the question of the liability of the Republic of Haiti to pay an indemnity in each of said cases, and, if so found by the arbitrator, the further question of the amount of the said indemnity to be awarded, shall be referred to the Honorable William R. Day, some- time Secretary of State of the United States, and now Judge of the Circuit Court thereof, who is hereby appointed as arbitrator to Irear said causes and to determine the questions of said liability and the amount of said indemnity, if any is found by said arbitrator to be justly due. The Government of the United States will lay before the arbitra- tor the claimants’ evidence and all correspondence, either between the Haitien Government and the United States Minister at Port-au- Prince, or between the Department of State and the Haitien Minister at Washington, and the despatches with their enclosures from the said Minister, reporting documentary or other evidence to the Depart- ment of State in relation to said claims. Reciprocally, the Haitien Government shall have the same rights of presentation of evidence in its own behalf, as are above stipulated for the Government of the United States. Each Government will furnish to the other a duplicate of the evi- dence and correspondence at the same time they are by them respec- tively laid before the arbitrator. If, in the opinion of the arbitrator, it shall be deemed desirable, in the interests of justice, to take further evidence, he shall commu- nicate to both parties his opinion, and shall indicate the questions of fact on which the same shall be taken. Likewise, either Government, on notice to the other, may apply to him for that purpose. Each Government shall, in case the arbitrator orders the taking, name an agent to take such evidence, in its own behalf, who shall each have the right to be present at the taking thereof, and to cross-examine the witnesses and take copies of documentary evidence offered by the other. All questions of procedure shall be left to the determina- tion of the arbitrator. Each Government agrees to abide by such determination, and in default thereof, the said arbitrator may pro- ceed in such manner and at such times as he may determine, in order to close the proofs and make final award. 938 TREATIES, CONVENTIONS, ETC. III. The Government of Haiti agrees to pay any amount or amounts which may be awarded by the arbitrator, if he finds that it is liable therefor. IV. The evidence is to be submitted to the arbitrator and finally closed on or before the 1st day of March, 1900, and his decision is to be ren- dered within four months thereafter. Y. Each Government shall furnish to the arbitrator an argument or brief not later than the 1st day of April, 1900, a copy of which each party shall furnish to the other at the same time as to the arbitrator, and the claimant and the Commune of Port-au-Prince may also file briefs in the cause on the same terms; but the arbitrator need not for such purpose -delay his decision. VI. The Government of Haiti shall pay the indemnity awarded by the arbitrator, if any, as soon as the Legislative Assembly of Haiti shall authorize the payment; but the time thus allowed shall in no case exceed six months from the day the decision is pronounced, unless an extension of time of its payment should be granted by the Govern- ment of the United States. VII. Eeasonable compensation to the arbitrator for all his services and expenses, and the other expenses of said arbitration, are to be paid in equal moieties by the said Governments. VIII. Any award given by the arbitrator shall be final and conclusive. Done in duplicate in English and in French, at Washington, this 18th day of October, 1899 John Hay J. N. Leger 1900. SUPPLEAIENTAL PROTOCOL. June 30 ^1900. Supplemental protocol to the agreement of October 18. 1899, be- tween the Secretary of State of the United States and the Envoy Extraordinary and Minister Plenipotentiary of the Republic of Haiti, submitting to arbitration the claim of John D. INIetzgar and Company against Haiti, signed at Washington June 30, 1900. HATTI — 1900-1902. 939 SUPPLEMENTART PROTOCOL. Whereas a protocol was signed at Washington on October 18, 1899, between the Secretary of State of the United States and the Envoy Extraordinary and Minister Plenipotentiary of the Kepublic of Haiti, for submission to an arbitrator of certain issues involved in the claim of John D. Metzgar and Company against Haiti, as specified in the said protocol; and Whereas it is stipulated in article 4 of said protocol as follows, to wit: “ The evidence is to be submitted to the arbitrator and finally closed on or before the 1st day of March 1900 and his decision is to be ren- dered within four months thereafter ; ” It is agreed between the two Governments that said article 4 be, and the same is, hereby, amended to read as follows to wit : “ The evidence is to be submitted to the arbitrator and finally closed on or before the 1st day of March, 1900, and his decision is to be rendered by the first day of October 1900.” Done in duplicate in English and French at Washington, this 30th day of June 1900. John Hay. J. N. Leger. The arbitrator under the foregoing protocol, the Hon. Wm. R. Day, rendered his award on the 27th of September, 1900, awarding $23,000 in favor of the claimant. 1902. Naturalization Treaty. Concluded March 22^ 1902; ratification advised hy Senate February 7, 190 Ij.; ratified by President March 77, 190 If.; ratifications exchanged March 19, 190 If.; 'proclaimed, March 21f., lOOIf. Articles. I. Reciprocal recognition of citizens. II. Renunciation of nationality. III. Intent to return. IV. Punishment of citizens. Y. Declaration of intention. VI. Duration. VII. Ratification. The United States of America and the Republic of Haiti desiring to regulate the citizenship of those persons who may emigrate from the United States to Haiti, or from Haiti to the United States, have resolved to conclude a treaty on this subject. For that purpose they have appointed their Plenipotentiaries, to-wit : The President of the United States: John Hay, Secretary of State of the United States ; The President of Haiti : Mr. J. N. Leger, Envoy Extraordinary and Minister Plenipotentiary of Haiti at Washington; 940 TEEATIES, CONVENTIONS, ETC. after the mutual communication of their respective full pow- ers, found in good and due form, have agreed upon the following articles : Akticle I. Citizens of the United States of America who shall have been duly naturalized as citizens of Haiti, and who shall have resided uninter- ruptedly in Haiti during a period of five years, shall be recognized by the United States as citizens of Haiti. Reciprocally, citizens of Haiti who shall have been duly naturalized as citizens of the United States of America, and who shall have re- sided uninterruptedly in the United States during a period of five years, shall be recognized by Haiti as citizens of the United States. This article shall apply as well to those already naturalized in either country as those hereafter naturalized. Article II. The person who, after having become a naturalized citizen of one of the contracting States, shall return to live in the country of his origin, without intention to return to the country where he has been naturalized, shall be considered as having renounced the nationality obtained through naturalization. Article III. The intent not to return may be held to exist when the person natu- ralized in the one country resides more than two years in the other country. Article IV. The naturalized citizens of either State who return to their country of origin, will be there liable to prosecution and punishment in con- formity to the laws for the crimes or misdemeanors committed before their emigration and that are not covered by the statute of limitations. Article V. The declaration of intention to become a citizen of the one or the other country has not for either party the effect of naturalization. Article VI. The present treaty shall remain in force for ten years from the date of the exchange of ratifications; and unless one of the contracting parties shall notify the other of its intention to terminate it one year before the expiration of that period, the said treaty shall continue in force from year to year until the expiration of one year after official notice shall have been given b}^ either of the contracting governments of a purpose to terminate it. Article VII. The present treaty shall be submitted to the approval and ratifica- tion of the respective appropriate authorities of each of the contract- HAYTI — 1902-1903-1904. 941 ing parties, and the ratifications shall be exchanged at Washington as soon as possible within twelve months from the date hereof. Done in duplicate at the City of Washington, in the English and French languages this twenty-second day of March, 1902. John Hay [seal.] J. N. Leger [seal.] 1903. Supplemental Naturalization Convention. Concluded February 28, 1903; Ratification advised by the senate February 1, 1901^; ratifed by the President March 17, 190Jf; ratif- cations exchanged March 19, 190!f; proclaimed March 21^., 190Jf. The United States of America and the Republic of Haiti, consid- ering it expedient to prolong the period Avithin which, by Article VII of the treaty of naturalization, signed by their respective pleni- potentiaries at Washington on March 22, 1902, the exchange of rati- fications of the said treaty shall take place, have for that purpose appointed their respective Plenipotentiaries, namely: The President of the United States of America, John Hay, Secretary of State of the United States of America; and The President of Haiti, Mr. J. N. Leger, Envoy Extraordinary and Minister Plenipotentiary of Haiti at Washington : Who, after haiung communicated each to the other, their respective full powers, found in good and due form, have agreed upon the fol- lowing additional article to be taken as part of said treaty. Sole Article. The respective ratifications of the said treaty shall be exchanged as soon as possible and within twelve months from March 22, 1903. Done in Duplicate at Washington in the English and French lan- guages this 28th day of February A. D. 1903. John Hay [seal.] J. N. Leger [seal.] 1904. Extradition Conatention. Concluded August 9, 190 Jf.; ratif cation advised by the senate Decem- ber 15, 190 J).; ratifed by the President June 17, 1906; ratif cations exchanged June 28, 1906. Articles. I. Delivery of accused. II. Extraditable offenses. III. Attempt to commit crimes. lA". Nondelivery of citizens. V. Deferring extradition. VI. Persons claimed by other coun- tries. VII. Political offenses. VIII. Offense for which to be tried. IX. Provisional detention. X. Demand; requisition. XI. Procedure. XII. Property found on accused. XIII. Expenses. XIV. Insular possessions. XV. Duration. XVI. Ratification. The United States of America and the Republic of Haiti, wishing to insure the proper administration of justice, have resolved to con- 942 TREATIES, CONVENTIONS, ETC. elude a treaty for the purpose of mutually surrendering persons who, being charged with one of the crimes hereinafter specified, or having been sentenced for one of these crimes, shall, by flight, have escaped judicial prosecution or the consequences of their sentence. To this end they have appointed their Plenipotentiaries, to wit: The President of the United States of America, John Hay, Secre- tary of State of the United States of America; and. The President of the Republic of Haiti, Mr. J. N. Leger, Envoy Extraordinary and Minister Plenipotentiary of Haiti at Washington ; Who, after having communicated their respective full powers, found in good and due form, have agreed on the following articles: Article I. The High Contracting Parties agree to deliver up to their re- spective justice, persons who, being accused or convicted of any of the crimes hereinafter enumerated, committed within the limits of jurisdiction of the demanding party, shall have afterwards taken refuge or shall be found in the territory 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 commit- ment for trial if the crime or offense had been there committed. Article II. The crimes for which extradition shall be granted are the fol- lowing : 1. Murder (including assassination, parricide, infanticide, poison- ing, and voluntary manslaughter.) 2. Counterfeiting of money, either coin or paper; utterance or circulation of counterfeit or altered money; introduction of coun- terfeit or altered money into the territory of one of the Contracting Parties. 3. Counterfeiting of any securities issued by one of the Contract- ing Parties, of bonds or coupons of the public debt, of bank notes or other instruments of credit authorized by law; utterance, use. or in- troduction, in the territory of one of the Parties, of the aforemen- tioned counterfeit or falsified securities or notes. 4. Forging of the public or private documents; use of forged docu- ments. 6. Larceny; robbery, or that which corresponds to the crime pro- vided for and punished by the laws of Haiti as theft committed with arms in hand or by violence or threats, or on the public highwai's; burglary, or that which corresponds to the crime provided for and punished by the laws of Haiti as theft committed by breaking or climbing into, or using false keys, or at night in a place inhabited or used as a dwelling. 6. Embezzlement by public officers or by persons hired or salaried, to the detriment of their employers; provided, that the amount of money or value of the property embezzled is not less than two hun- dred dollars. 7. Arson ; destruction of railways, bridges, tramways, vessels, pub- lic edifices or other buildings, endangering human life. HAYTI ^1904. 943 8. Perjury; subornation of perjury; bribery, defined to be the giv- ing, offering or receiving of a reward to influence one in the discharge of a legal duty. 9. Rape. 10. Bigamy. 11. Kidnapping of minors. 12. Piracy, as o^efined by statute or international law. Article III. Extradition shall also be granted for the attempt to commit one of the crimes above enumerated, and against any accomplice of these crimes or attempts at crimes, when such complicity and attempt are punishable by the laws of the Party demanding the extradition. Article IV. Neither of the Contracting Parties shall be obliged to deliver up its own citizens. Article V. If the person claimed is under prosecution, either in the United States or Haiti, for any other crime than that upon which the demand for extradition is based, the extradition shall be postponed until the judgment is pronounced, and, if the person is convicted, until the sentence imposed is fully served or remitted. The extradition may also be postponed when the person claimed is being prosecuted for a civil offense in the country of which the demand is made. In this case it will not take place until after the execution of the judgment or the remission of the penalty. Article VI. A fugitive who shall have been claimed at the same time by two or more States, shall be delivered up to the State which has first pre- sented its demand ; provided, that the government from which extra- dition is sought is not bound by treaty to give preference otherwise. Article VII. The provisions of the present treaty shall not apply to offenses of a political character. The assassination or poisoning of the head of a government, or any other attempt against the life of the head of a government, shall not be considered as a crime of a political character. A person whose extradition shall have been granted on account of one of the crimes mentioned in Article II of this Convention shall not, in any case, be tried for a political offense or for an act connected with a political offense committed prior to the demand for extradi- tion, unless such person has had abundant opportunity to quit the country during the month following that in which he was set at liberty either as a result of acquittal, expiration of his sentence, or pardon- 944 TREATIES, CONVENTIONS, ETC. Article VIII. A person surrendered cannot, without the consent of the State which has granted the extradition, be detained or tried in the State which has obtained his extradition, for any other crime or causes than those which have given rise to the extradition. This stipulation does not apply to crimes committed subsequently to the extradition. However, a person who has had ample opportunity to quit the country which has obtained his extradition, and who shall be found there a month after his release by acquittal, the expiration of his sen- tence, or pardon, may be arrested and tried, without the consent of the State which has granted the extradition, for other crimes than those which have given rise to the demand for extradition. Article IX. Wliere the arrest and detention of a fugitive in the United States are desired on telegraphic or other information in advance of the presentation of the formal proofs, complaint on oath, as provided by the statutes of the United States, shall be made by an agent of the Haitian Government, before a judge or other magistrate authorized to issue warrants of arrest in extradition cases. In Haiti the diplomatic or consular agent of the United States shall address, through the INIinistry of Foreign Relations, a com- plaint to the government commissioner or any other magistrate authorized to issue warrants of commitment. The provisional arrest and detention of a fugitive shall cease and the prisoner be released if a formal requisition for his surrender, accompanied by the neces- sary evidence of criminality, has not been produced under the stipula- tions of this Convention within sixty days from the date of his arrest. Article X. Every demand for extradition shall be made through the diplo- matic agents of the High Contracting Parties. In case of absence or impediment of these agents, the demand may be presented by the consuls. This demand shall be acted on in conformity with the laws of each of the Parties. Nevertheless, if the person demanded has already been sentenced for one of the crimes hereinbefore enumerated, the requisition shall be merely accompanied by the sentence, duly certified by the competent authority of the State demanding the extradition. Article XI. In Haiti the diplomatic or consular agent of the United States their own laws, the authorities of the State of which the demand is made who are qualified to decide on the demand for extradition, shall admit as entirely valid evidence all depositions or declarations of wit- nesses coming from the other State, or copies thereof, and warrants issued, provided these documents are signed or certified by a compe- tent magistrate or officer of the State making the demand. Article XII. The objects found in the possession of the fugitive and which were obtained by the perpetration of the crime with which he is HAYTI — 1904-1909. 945 charged, or which may serve to prove his crime, shall be seized at the time of his arrest and delivered together with his person to the party demanding the extradition. Nevertheless, the rights of third persons to the articles so found shall be respected. Article XIII. The expenses of detention, procedure, and delivery, incurred in virtue of the preceding articles, shall be borne by the demanding Party. It is agreed, however, that the State making the demand shall have nothing to pay to the officers of the State to which the demand is addressed who receive fixed salaries; officers who, having no fixed salary, receive fees, shall not demand any other fees than those generally charged in ordinary criminal procedures. Article XIV. The stipulations of the present treaty are applicable to the insular possessions of the United States. In this case the demand shall be addressed to the Governor or principal authority of the possession by the consul of Haiti. Article XV. The present treaty shall remain in force until it is denounced; it shall cease to bind the Parties six months after one of them shall have notified its intention to terminate it. Article XVI. The present treaty shall be approved and ratified by the competent authority of each of the High Contracting Parties, and the ratifica- tions shall be exchanged at Washington as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the foregoing articles, and have affixed their seals. Done in duplicate at Washington, in English and French, this ninth day of August, nineteen hundred and four. J. N. Leger [seal] J. N. Leger [seal] 1909. Arbitration Convention. Signed at Washington, January 7, 1909; ratification advised hy the Senate, February 13, 1909; ratifed hy the President, March 1, 1909; ratif cations exchanged at Wa,shington, November 16, 1909; froclaimed November 16, 1909. Articles. I. Differences to be submitted. I III. Duratioij. II. Special agreement. 1 IV. Ratification. The Government of the United States of America, signatory of the two conventions for the Pacific Settlement of International Disputes, concluded at The Hague, respectively, on July 29, 1899, and October 24449— VOL 1—10 60 946 TREATIES, CONVENTIONS, ETC. 18, 1907, and the Government of the RepubUc of Haiti, adherent to the said convention of July .29,41899, and signatory of the -said con- vention of October 18, 1907 ; Taking into consideration that by Article XIX of the convention of July 29, 1899, and by Article XL of the convention of October 18, 1907, the High Contracting Parties have reserved to themselves the right of concluding Agreements, vpith a view to referring to arbitra- tion all questions which they shall consider possible to submit to such treatment ; Have authorized the Undersigned to conclude the following Con- vention : Article I. Differences which may arise of a legal nature or relating to the interpretation of treaties existing between the two Contracting Parties, and which it may not have been possible to settle by diplo- macy, shall, if not submitted to some other arbitral jurisdiction, be referred to the Permanent Court of Arbitration established at The Hague by the convention of July 29, 1899, for the pacific settlement of international disputes, and maintained by The Hague Convention of the 18th October, 1907 ; provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties. Article II. In each individual case the High Contracting Parties, before ap- pealing to the Permanent Court of Arbitration, shall conclude a spe- cial Agreement, defining clearly the matter in dispute, the scope of the powers of the arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of Haiti shall be subject to the procedure required by the Constitution and laws thereof. Article III. The present Convention is concluded for a period of five years and shall remain in force thereafter until one year’s notice of termi- nation shall be given by either party. Article IV. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of Haiti in accordance with the Constitution and laws thereof. The ratifications shall be ex- changed at Washington as soon as possible, and the Convention shall take effect on the date of the exchange of its ratifications. Done in duplicate in the English and French languages at Wash- ington, this 7th day of January, in the year one thousand nine hun- dred and nine. Elihlt Root [seal] J. N. Leger [seal] HESSE. (See North German Confederation.) 1844. Convention Abolishing Droit d’Ahbaine and Taxes on Emigration. Concluded March 26, 181^1^.; ratification advised hy the Senate June 12, ISIf-Jf.; ratified hy the President June 22, ratifications ex- changed October 16, ISJtJf.; time for exchomge of ratifications ex- tended to July 4, I845, and exchange previous thereto declared regular by the Senate January 13, 1845; proclaimed May 8, 1845. Articles. I. Droit d’aubaine, etc., abolished. II. Disposition of real estate. III. Disposition of personal property. IV. Eights of absent heirs. V. Inheritance disputes. VI. Ratification. The United States of America, on the one part, and His Eoyal Highness the Grand Duke of Hesse, on the other part, being equally desirous of removing the restrictions which exist in their territories upon the acquisition and transfer of property by their respective citizens and subjects, have agreed to enter into negotiation for this purpose. For the attainment of this desirable object the President of the United States of America has conferred full powers on Henry Whea- ton, their Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the King of Prussia, and His Royal High- ness the Grand Duke of Hesse, upon Baron Schaeffer-Bernstein, his Chamberlain, Colonel, Aid-de-Camp, and Minister Resident 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 de retraite, and droit de de- traction, or tax on emigration, is hereby, and shall remain, abol- 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 territories of one party, such real property would, by the laws of the land, descend on a subject or citizen of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a 947 948 TREATIES, CONVENTIONS, ETC. 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 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 power to dispose of their personal property within the States of the other, by testament, donation, or otherwise; and their heirs, being citizens or subjects of the other contracting party, shall suc- ceed to their said personal property, whether by testament or ah intestato, and may take possession thereof, either by themselves or by other acting for them, and dispose of the same at their pleasure, pay- ing 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, provisionally, 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 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, according to the laws and by the judges of the country where the 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 Senate, and by His Royal Highness the Grand Duke of Hesse, and the ratifications shall be exchanged at Berlin, within the term of six months from the date of the signature hereof, or sooner if possible. In faith of which the respective Plenipotentiaries have signed the above articles, both in French and English, and have thereto affixed their seals ; declaring, nevertheless, that the signing in both languages shall not hereafter be cited as a precedent, nor in any way operate to the prejudice of the contracting parties. Done in quadruplicata in the city of Berlin, on the twenty-sixth day of March, in the year of our Lord one thousand eight hundred and forty-four, and the sixty-eighth of the Independence of the United States of America. [seal.] Henry Wheaton. [seal.] B’on de Schaeefer-Bernstein. Note: For stipulations of June 16, 1852, for the mutual delivery of criminals fugitives from justice in certain cases, between the Jlnited States and the Elector of Hesse, the Grand Duke of Hesse and on HESSE — 1844-1868. 949 Ehine, and the Landgrave of Hesse-Homburg, and other powers, see convention of that date with Prussia and other states of the Ger- manic Confederation. 1868. Naturalization Convention. Concluded August 1, 1868; ratification advised hy the Senate April 12, 1869; ratified hy the President April 18, 1869; ratifications exchanged July 23, 1869 ; proclaimed August 31, 1869. Articles. I. Naturalization recognized. V. Duration. II. Prior offenses. VI. Ratification. III. Extradition. IV. Renunciation of acquired citizen- ship. Whereas an agi’eement was made on the 22'* of February 1868 be- tween the United States of America and the North German Con- federation, to regulate the citizenship of those persons, who emigrate from the United States of America to the territory of the North Ger- man Confederation and from the North Geiman Confederation to the United States of America and whereas this agreement by publica- tion 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 man- ner to establish regulations resiiecting 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 Confed- eration and from the above described parts of Hesse to the United States of America. The President of the United States of America and His Royal Highness the Grand Duke of Hesse and by Rhine have therefore resolved to treat on this subject, and for that purpose have appointed plenipotentiaries to conclude a convention, that is to say : the President of the United States of America : George Bancroft, Envoy extraordinary and Minister plenipotentiary and His Royal Highness the Grand Duke of Hesse and by Rhine, Dr. Frederick Baron von Lindelof, President of his council of State, Minister of Justice, &■ actual Privy Counsellor, who have agreed to, and signed the following articles ; Article 1. Citizens of the parts of the Grand Duchy of Hesse not included in the North German confederation, who have become or shall become naturalized citizens of the United States of America, and shall have resided uninterruptedly within, the United States five years, shall be held by the Grand Ducal Hessian Government to be American citi- zens, and shall be treated as such. 950 TREATIES, CONVENTIONS, ETC. Eeciprocally : Citizens of the United States of America, who have become, or shall become naturalized citizens of the above described parts of the Grand Duchy Hesse, and shall have resided uninterrupt- edly therein five years, shall be held by the United States to be citi- zens 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 other country, has not for either party the effect of naturalization. Article 2. 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 cbuntry, and conunitted before his emigration; saving always the limitation established by the laws of his original country. Article 3. The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States of America and the Grand Duchy Hesse on the 16‘’’ of June 1852, re- mains in force, without change." Article 4. If a Hessian, naturalized in America, but originally a citizen of the parts of the Grand Duchy not included in the North German Confed- eration, renews his residence in those parts without the intent to return to America, he shall be held to have renounced his naturaliza- tion in the United States. Eeciprocally : If an American, naturalized in the Grand Duchy of Hesse, (within the above described parts,) renews his residence in the United States without the intent to return to Hesse, he shall be held to have renounced his naturalization in the Grand Duchy. The intent not to return may be held to exist, when the person nat- uralized in the one country resides more than two years in the other country. Article 5. The present convention shall go into effect immediately on the exchange of 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 con- tracting parties shall have given notice to the other of such intention. Article 6. 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 Ehine 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 * See note bottom page 948. HESSE — 1868. 951 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 1. of August 1868. Geo. Bancroft. [seal.] Friedrich Freiherr von Lindelof. [seal.] HONDURAS. 1864. Treaty of Friendship, Commerce, and Navigation. Concluded July 4, ISGIf.; ratification advised hy the Senate Fehruary W, 1865; ratified hy the President March 9, 1865; ratifications exchanged May 5, 1865; froclaimed May 30, 1865. Articles. I. Amity. II. Freedom of commerce ; coasting trade. III. Most favored nation privileges. IV. Equality of import and export duties. V. Shipping dues. VI. Reciprocal treatment of vessels. VII. Protection of property, etc. VIII. Disposal of property, etc. IX. Exemptions from military serv- ice, loans, etc. X. Diplomatic and consular privi- leges. XI. Protection in case of war. XII. General liberties. XIII. Duration of Articles IV, V, and VI. XIV. Neutrality of Honduras Inter- oceanic Railway. XV. Ratification. Commercial intercourse having been for some time established be- tween the United States and the Kepublic of Honduras, it seems good for the security as well as the encouragement of such commercial intercourse, and for the maintenance of good understanding between the United States and the said Republic, that the relations now sub- sisting 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 Resident of the United States to the Republic of Honduras; and His Excellency the Pre.sident of the Republic of Honduras, Senor Li- cenciado Don Manuel Colindres, Minister of Foreign Relations of that Republic; Who, after having communicated to each other their full powers, found to be in due and proper form, have agreed upon and concluded the following articles : Article I, There shall be perpetual amity between the United States and their citizens on the one part, and the Government of the Republic of Hon- duras and its citizens on the other. Article II. There shall be, between all the Territories of the United States and the Territories of the Republic of Honduras, a reciprocal freedom of commerce. The subjects and citizens of the two countries, respec- 952 HONDURAS — 1864, 953 lively, shall have liberty, freely and securely, to come with their ships and cai’goes to all places, ports, and rivers in the Territories afore- said, 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, resjDectively ; 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-office packets of the two countries shall have liberty, freely and securely, to come to all harbors, rivers, and places to which other foreign ships of war and packets are or may be permitted to come, to enter 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. Article III. It being the intention of the two high contracting parties to bind themselves by the preceding articles, to treat each other on the footing of the most favored nation, it is hereby agreed between them that any favor, privilege, or immunity whatever, in matters of com- merce 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 conditional. Article IV. No higher nor other duties shall be imposed on the importation into the territories of the United States of any articles being of the growth, produce, or manufacture of the Eepublic of Honduras, and no higher nor other duties shall be imposed upon 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 terri- tories 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 Hon- duras, to or from the said territories of the United States, or to or from the Republic of Honduras, which shall not extend equally to all other nations. 954 TREATIES, CONVENTIONS, ETC. 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 of dam- age or shipwreck, or on account of any other local charges, shall be imposed in an^ of the ports of the Republic of Honduras, on ves- sels of the United States, than those payable in the same ports by vessels of Honduras; nor in any of the ports of the United States, on vessels of Honduras, than shall be payable in the same ports on vessels of the United States. Article VI. The same duties shall be paid on the importation into the territories of the Republic of Honduras of any article being of the growth, prod- uce, or manufacture of the territories of the United States, whether such importation shall be made in vessels of Honduras or of the United States ; and the same duties shall be paid on the imjDortation into the territories of the United States of any article being the growth, produce, or manufacture of the Republic of Honduras, whether such importation shall be made in United States or in Hon- duras vessels. The same dues shall be paid, and the same bounties and drawbacks allowed, on the exportation to the Republic of Honduras of any articles being the growth, produce, or manufacture of the territories of the United States, whether such exportations shall be made in vessels of Honduras or of the United States; and the same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any articles being the growth, produce, or manufac- ture of the Republic of Honduras to the territories of the United States, whether such exportation shall be made in United States or in Honduras vessels. Article VII. All merchants, commanders of ships, and others, citizens of the United States, shall have full liberty, in all the territories of the Republic of Honduras, to manage their own affairs 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 citizens of Honduras, nor to pay them any other salary or remu- neration than such as is paid in like cases by citizens of 'Honduras; and absolute freedom, in all cases, shall be allowed to the buyer and seller to bargain and fix the price of any goods, wares, or mer- chandise imported into or exported from the Republic of Honduras, as they shall see good, observing the laws and established customs of the country. The same privileges shall be enjoyed in the territories of the United States by the citizens of the Republic of Honduras under the same conditions. The citizens of the high contracting parties shall reciprocally re- ceive and enjoy full and perfect protection for their persons and property, and shall have free and open access to the courts of justice in the said countries, respectively, for the prosecution and defense of HONDURAS 1864. 955 their just rights; and they shall be at liberty to employ, in all cases, the advocates, 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. Articue VIII. In whatever relates to the police of the ports, the lading and unlad- ing of ships, the safety 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, dona- tion, exchange, testament, or in any other manner whatsoever, as also the administration of justice, the citizens of the two high contract- ing parties shall reciprocally enjoy the same privileges, liberties, and rights as native citizens, and they shall not be charged in any of these respects with any higher imposts or duties than those which are paid or may be paid by native citizens ; submitting, of course, to the local laws and regulations of each country respectively. 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 the deceased belonged, or the representative of such Consul-General or Consul in his absence, shall have the right to nominate curators to take charge of the property of the deceased, so far as the laws of the country will permit, for the benefit of the lawful heirs and creditors of the de- ceased, giving proper notice of such nomination to the authorities of the country. Article IX. The citizens of the United States residing in the Republic of Hon- duras, and the citizens of the Republic of Honduras residing in the United States, shall be exempted from all compulsory military serv- ice 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, requi- sitions, 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 ap- point 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 and Consuls of Honduras shall enjoy in the territories of the United States whatever privileges, exemptions, and immunities are or shall be granted to agents of the same rank belonging to the most favored nation; and in like manner the Diplomatic Agents and Consuls of the United States in the territories of Honduras shall enjoy, accord- ing to the strictest reciprocity, whatever privileges, exemptions, and immunities are or may be granted, in the Republic of Honduras to the Diplomatic Agents and Consuls of the most favored nation. 956 TREATIES, CONVENTIONS, ETC. Article XI. For the better security of commerce between the citizens of the United States and the citizens of the Republic of Honduras, it is agreed that if at any time any interruption of friendly intercourse, or any rupture, should unfortunately take place between the two high con- tracting parties, the citizens of either of the two high contracting parties who may be within any of the territories of the other shall, if residing upon the coast, be allowed six months, and, if in the interior, a whole year, to wind up their accounts and 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 par- ties who are established in any of the territories of the other, in the exercise of any trade or special employment, shall have the privilege of remaining, and of continuing such trade and employment therein without any manner of interruption, in the full enjoyment of their liberty and property as long as they behave peaceably, and commit no offense against the laws; and their goods and effects, of whatever description they may be, whether in their own custody or intrusted to individuals or to the State, shall not be liable to seizure or 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 companies, shall never be confiscated, sequestered, nor detained. Article XII. The citizens of the United States and the citizens of the Republic of Honduras, respectively, residing in any of the territories of the other party, shall enjoy in their houses, persons, and properties the protection of the Government, and shall continue in 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 pur- pose, agreeably to the system of tolerance established in the territories of the two higii contracting parties ; provided they respect the religion of the nation in which they reside, as well as the constitution, laws, and customs of the country. Liberty shall also be granted to bury the citizens of either of the two high contracting parties who may die in the territories aforesaid, in burial places of their own, which in the same manner may be freely established and maintained ; nor shall the funerals or sepulchres of the dead be disturbed in any way, or upon any account. Article XIII. In order that the two high contracting parties may have the oppor- tunity of hereafter treating and agreeing upon such other arrange- ments 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 expiration of seven years from the date of exchange of the ratifications of the present HONDURAS — 1864. 957 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 con- tained 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 Honduras and a company entitled the “ Honduras Inter-oceanic Rail- way Company,” for the construction of a railway from the Atlantic to the Pacific Oceans, through the territories of Honduras, which con- tract was ratified by the constitutional powers of the State, and pro- claimed as a law on the 28th April, 1854 ; and inasmuch, by the terms of article 5, section VI, of said contract, “ the Government of Hon- duras, with the view to secure the route herein contemplated from all interruption and disturbance from any cause, or under any circum- stances, engages to open negotiations with the various Governments with which it may have relations for their separate recognition of the perpetual neutrality, and for the protection of the aforesaid route; ” therefore, to carry out the obligations thus incurred: 1. The Government of Honduras agrees that the right of way on or transit 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. No tolls, duties, or charges of any kind shall be imposed by the Government of Honduras on the transit of property belonging to the Government of the United States, or on the public mails sent under authority of the same, nor on the citizens of the United States. And all lawful produce, manufactures, merchandise, or other property belonging to the citizens of the United States, pass- ing from one ocean to the other, in either direction, shall be subject to no import or export duties 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 Republic of Honduras further agrees that any other privilege or advantage, commercial or other, which is or may be granted to the subjects 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 ad- vantages 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 efficaciously, the entire neutrality of the same, so long as the United States shall enjoy the privileges conceded to it in the 958 TREATIES, CONVENTIONS, ETC. preceding section of this article. And when the proposed road shall have been completed, the United States equally engages, in conjunc- tion with Honduras, to protect 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 over the commerce of any other nation or na- tions, or by imposing oppressive exactions or unreasonable tolls upon passengers, vessels, goods, wares, merchandise, or other articles. The aforesaid protection and guarantee shall not, however, be withdrawn by the United States without first giving six months notice to the Republic 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 sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at Comayagua this fourth day of July, in the year of our Lord one thousand eight hundred and sixty-four. [seal.] Thos. H. Clay. [seal.] M. Colindres. 1908. Naturalization Convention. Conclnded Jnne 23, 1908; ratification advised by the Senate Decem- ber 10, 1908 ; ratified by the President December 26, 1908; ratifica- tions exchanged AfiPL 16, 1909; proclaimed June 8, 1909. Articles. I. Naturalization recognized. V. Declaration of intention. II. Readmission to former status. VI. Effect ; duration ; ratification. III. Definition of “ citizen.” IV. Liability for offenses committed before emigration.^ The President of the United States of America and the President of the Republic of Honduras, desiring to regulate the citizenship of those persons who emigrate from the United States of America to Honduras, and from Honduras to the United States of America, have resolved to conclude a Convention on this subject; and for that 959 HONDUEAS— 1908. purpose have appointed their. Plenipotentiaries, to conclude a Con- vention, that is to say : The President of the United States of Ameri'ca, H. Percival Dodge, Envoy Extraordinary and Minister Plenipotentiary of the United States of America near the Government of Honduras; and The President of Honduras, Senor Licenciado Marcos Lopez Ponce, Sub-Secretary of Foreign Affairs of the Republic of Hon- duras ; Wlio, having examined one another’s full powers and having found them in due form, have agreed to and signed the following Articles : Article I Citizens of the United States who may or shall have been natu- ralized in Honduras, upon their own application or by their own consent, will be considered by the United States as citizens of the Republic of Honduras. Reciprocally, Honduraneans who may or shall have been naturalized in the United States upon their own application or with their own consent, will be considered by the Republic of Honduras as citizens of the United States. Article II If a Honduranean, naturalized in the United States of America, renews his residence in Honduras, without intent to return to the United States, he may be held to have renounced his naturalization in the United States. Reciprocally, if a citizen of the United States, naturalized in Honduras, renews his residence in the United States, without intent to return to Honduras, he may be presumed to have renounced his naturalization in Honduras. 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, but this presumption may be destroyed by evidence to the contrary. Article III It is mutually agreed that the definition of the word “ citizen,” as used in this Convention, shall be held to mean a person to whom the nationality of the United States or of Honduras attaches. Article IV A recognized citizen of the one party, returning to the territory of the other, remains liable to trial and legal punishment for an action punishable by the laws of his original country and committed before his emigration, but not for the emigration itself, saving always the limitation established by the laws of his original country, and any other remission of liability to punishment. Article V The declaration of intention to become a citizen of the one_ or the other country has not for either party the effect of naturalization. 960 TBEATIES, CONVENTIONS, ETC. Article VI The present Convention shall go into effect immediately on the ex- change of ratifications, and in the event of either party giving the other notice of its intention to terminate the Convention it shall con- tinue to be in effect for one year more, to count from the date of such notice. The present Convention shall be submitted to the approval and ratification of the respective appropriate authorities of each of the Contracting Parties, and the ratifications shall be exchanged at Washington or at Tegucigalpa within twenty-four months of the date hereof. In witness whereof, the Plenipotentiaries of the United States of America and of Honduras have signed this Convention in duplicate and have affixed hereunto their respective official Seals in the City of Tegucigalpa, on the twenty-third day of June, in the year of Our Lord one thousand nine hundred and eight. [seal.] [seal.] H. Percival Dodge. M. Lopez Ponce. ITALY. 1868.“ Consular Convention. Concluded Fehruary 8, 1868; ratifhcation advised hy the Sevute June 17, 1868; ratvfied hy the President June 22, 1868; ratifications ex- changed Scftemher 17, 1868; proclaimed Fehruary 23, 1869. Articles. I. Consuls. II. Exequaturs. III. Exemptions. IV. Consuls as witnesses. V. Arms and flag. VI. Archives. VII. Death or absence of consuls. VIII. Vice Consuls. IX. Infraction of treaties. X. Powers of consuls. XI. Merchant vessels. XII. Settlement of disinites. XIII. Deserters. XIV. Damages at sea. XV. Salvage. XVI. Disposition of property. XVII. Duration ; ratification. The President of the United States and His Majesty the King of Italy, 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, William H. Seward, Secre- tary of State of the United States; His Majesty the King of Italy, the Commander Marcello Cerruti, &c., &c. ; Who, after communicating to each other their full powers, found in good and due form, have agreed upon the following articles : Article I. Each of the high contracting parties agrees to receive from the other 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 officers. This reservation, however, shall not apply to one of the high contracting parties without also applying to every other Power. Article II. Consular officers, on the presentation of their commissions in the forms established in their respective countries, shall be furnished with the necessary exequatur free of charge, and on the exhibition “ This Convention was superseded by the Convention of 1878 upon the ex- change of ratifications September 17, 1878. In re De Giacema (12 Blatch., 391) ; Ex parte Fudera (162 Fed. Kep., 591). 24449— VOL 1—10 61 961 962 TREATIES, CONVENTIONS, ETC. of this instrument they shall be permitted to enjoy the rights, pre- rogatives, and immunities granted by this convention. Aeticee 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 punishes as such; from military billetings, from service in the militia or in the national guard, or in the regular army, and from all taxation. Federal, State, or municipal. If, however, they are citizens or sub- jects 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 or subjects of the country, who are merchants or owners of property. Article IV. No consular officer who is a citizen or subject of the State by which he was appointed, and who is not engaged in business, shall be com- pelled to appear as a witness before the courts of the country where he may reside. When the testimony of such a consular officer is needed, he shall be invited in writing to appear in court, and if unable to do so, his testimony shall be requested in writing, or be taken orally, at his dwelling or office. It shall be the duty of said consular officer to comply with this re- quest, without any delay which can be avoided. In all criminal cases contemplated by the sixth article of the amendments 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. Ar'jtcle V. Consuls Generals, Consuls, Vice-Consuls, and Consular Agents may place over the outer door of their offices, or of their dwelling-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. Article VI. The consular offices and dwellings shall be at all times inviolable. The local authorities shall not, under any pretext, invade 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. ITALY — 1868. 963 Aeticlb VII. In the event of the death, incapacity, or absence of Consuls Gen- eral, Consuls, Vice-Consuls, and Consular Agents, their chancellors or 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 func- tions, and while thus acting they shall enjoy all the rights, prerog- atives, and immunities granted to the incumbents. Article VIII. Consuls General and Consuls may, with the approbation of their respective Governments, appoint Vice-Consuls and Consular Agents in the cities, ports, and places within their consular jurisdiction. These officers may be citizens of the United States, Italian subjects, or other foreigners. They shall be furnished with a commission by the Consul who appoints them, and under whose orders they are to act. They shall enjoy the privileges stipulated for consular officers in this convention, subject to the exceptions specified in Articles III and IV. Article IX. Consuls General, Consuls, Vice-Consuls, and Consular Agents, may complain to the authorities of the respective countries, whether Fed- eral or lof:al, judicial or local, judicial or executive, within their con- sular district, of any infraction of the treaties and conventions betiveen the United States and Italy, or for the purpose of protecting the rights and interests of their countrymen. If the complaint should not be satisfactorily redressed, the consular officers aforesaid, in the absence of a diplomatic agent of their country, may apply directly to the Government of the country where they reside. Article X. Consuls General, Consuls, Vice-Consuls, and Consular Agents may take at their offices, at the residence of the parties, at their 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 regulations of their country, all contracts between the citizens and subjects of their coun- try, and the citizens, subjects, or other inhabitants of the counti-y 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. 964 TREATIES, CONVENTIONS, ETC. 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 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. Neither the Federal, State, or municipal authorities or courts in the United States, nor any court or authority in Italy, shall on any pretext interfere in these differ- ences, but shall render forcible aid to consular officers, when they may ask it, to search, arrest, and imprison all persons composing the crew whom they may deem it necessary to confine. Those persons shall be arrested at the sole request of the Consuls, addressed in writ- ing to either the Federal, State, or municipal courts or authorities in the United States, or to any court or authority in Italy, and sup- ported by an official extract from the register of the ship, or the list of the crew, and shall be held, during the whole time of their stay in the port, at the disposal of the consular officers. Their release shall be granted at the mere request of such officers made in writing. The expenses of the arrest and detention of those persons shall be paid by the consular officers. Article XII. In conformity with the act of Congress, (5 [3] March, 1855, “to regulate the carriage of passengers on steamships and other vessels,”) all disputes and differences of any nature between the captains and their officers on one hand, and the passengers 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 Con- sular Agents may arrest the officers, sailors, and all other persons making part of the crew 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 Italy in the United States may apjily in writing to either the Federal, State, or municipal courts or authorities ; and the Consuls of the United States in Italy may apply to any of the competent authorities and make a request in writing for the deserters, supporting it by the exhibition of the register of the ves- sel and list of the crew, or by other official documents, to show that the persons claimed belonged to the said crew. Upon such request alone, thus supported, and without the exaction of any oath from the consular officers, the deserters, not being citizens or subjects of the country where the demand is made at the time of their shipping, shall be given up. All the necessary aid and protec- tion shall be furnished for the search, pursuit, seizure, and arrest of the deserters, who shall even be put and kept in the prisons of the country, at the request and expense of the consular officers until there may be an opportunity for sending them away. If, however, such an ITALY — 1868. 965 opportunity should not present itself within the space of three months, counting from the day of the arrest, the deserter shall be set at liberty, nor shall he be again arrested for the same cause. Article XIV. In the absence of an agreement to the contrary between the owners, freighters, and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter port voluntarily or are forced by stress of weather, shall be settled by the Consuls-General, Consuls, Vice-Consuls, and Consular Agents of the respective countries where they reside. If, however, any inhabitant of the country, or citizen, or subject of a third Power shall be interested in the rhatter, and the parties cannot agree, the competent local authorities shall decide. Article XV. All proceedings relative to the salvage of American vessels wrecked upon the coasts of Italy, and of Italian vessels wrecked upon the coasts of the United States, shall be directed by the Consuls-General, Consuls, and Vice-Consuls of the two countries respectively, and, until their arrival, by the respective consular agents, whenever an agency exists. In the places and ports where an agency does not exist, the local authorities, until the arrival of the Consul in whose district the wreck may have occurred, and. who shall immediately be informed of the occurrence, shall take all necessary measures for the 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 arrange- ments made for the entrv and exportation of the merchandise saved. It is understood that such merchandise is not to be subjected to any custom-house charges, unless it be intended for consumption in the country where the wreck may have taken place. Article XVI. In case of the death of a citizen of the United States in Italy, or of an Italian subject in the United States, without having any known heirs or testamentary executor by him appointed, the competent local authorities shall inform the Consuls or Consular Agents of the nation to which the deceased belongs of the circumstance, in order that the necessary information may be 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 ratifica- tions, which shall be made in conformity with the respective consti- tutions 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 (10) 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. 966 TREATIES, CONVENTIONS, ETC. In faith whereof, the respective Plenipotentiaries have signed this convention, and have hereunto affixed their seals. Done in duplicate, at Washington, the eighth day of February, 1868, the ninety-second year of the Independence of the United States of America. [seal.] William H. Seward, [seal.] Marcello Cerruti. 1869. Additional Article to Convention of February 8, 1868. Concluded January 21, 1869 ; ratifications exchanged at W ashington 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 Majesty the King of Italy, which was signed on the 8th of February, 1868, having been unavoidably delayed beyond the period stipulated in Article XVII, it is agreed between the high contracting parties that the said convention shall have the same force and effect as it would have had if the exchange had been effected within the stipulated period. In witness whereof, the respective Plenipotentiaries have signed the present article in duplicate, and have affixed thereto the seal of their arms. Done at Washington the 21st day of January, 1869. [seal.] William H. Seward, [seal.] M. Cerruti. 1868. Extradition Convention.® Concluded March 23, 1868; ratification advised 'with an amendment hy the Senate June 17,1868; ratified hy the President June 22, 1868 ; ratifications exchanged September 17, 1868; proclaimed September 30, 1868. Articles. I. Delivery of accused. II. Extraditable crimes. III. Political offenses. IV. Persons under arrest. V. Procedure. VI. Expenses. VII. Duration ; ratification. 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 ter- ritories 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 re- solved to conclude a convention for that purpose, and have appointed as their Plenipotentiaries: The President of the United States, William H. Seward, Secretary of State; His Majesty the King of Italy, the Commander Marcello Cerruti, Envoy Extraordinary and Minister Plenipotentiary; Federal case: In re De Giacoma (12 Blatcb., 391). ITALY- — 1868. 967 Who, after reciprocal oommunication of their full jDOwers, found in good and due form, have agreed upon the following articles, to wit: Aeticle I. The Government of the United States and the Government of Italy mutually agree to deliver up persons who, having been convicted of or charged with the crimes specified in the following article, com- mitted within the jurisdiction of one of the contracting parties, shall seek an asylum or be found within the territories of the other : Pro- vided, 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. Aeticle 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 the crimes designated in the Italian penal code by the terms of parricide, assassination, poisoning, and infanticide. 2. The attempt to commit murder. 3. The crimes of rape, arson, piracy, and mutiny on board a ship, whenever the crew, or part thereof, by fraud or violence against the commander, have taken possession of the vessel. 4. The crime of burglary, defined to be the action of breaking and 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 feloni- ously and forcibly taking from the person of another goods or money, by violence or putting him in fear. 5. The crime of forgery, by which is understood the utterance of forged papers, the counterfeiting of public, sovereign, or Government acts. 6. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, bank-notes, and obligations, and in general of any title and instrument of credit whatsoever, the counterfeiting of 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. Aeticle III. Tlie provisions of this treaty shall not apply to any crime or offence of a political character, and the person or persons delivered 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. “ Kidnapping added to the list of crimes by Article I of the convention of .June 11, 1884. ''Amended by convention of January 21, 1869. 968 TREATIES, CONVENTIONS, ETC. Article IV. « If the person whose surrender may be claimed, pursuant to the stipulations of the present treaty, shall have been arrested for the 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 impris- onment to which he may have been sentenced. Article V.“ Requisitions 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 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 con- victed 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 author- ity, and of the latter by the Minister or Consul of the United States or of Italy, respectively, shall accompany the requisition. When, however, the fugitive shall have been merely charged with crime, a duly authenticated copy of the warrant for his arrest in the country where the crime may have been committed, or of the depositions upon which such warrant may have been issued, must accompany the requisition as aforesaid. The President of the United Stat^, 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. Article VI. The expenses of the arrest, detention, and transportation of the persons claimed, shall be paid by the Government in whose name the requisition shall have been made. Article VII. This convention shall continue in force during five (5) years from the day of exchange of ratifications; but if neither party shall have given 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 shall be ratified, and the ratifications ex- changed at Washington, within six (6) months, and sooner if possible. In witness whereof, the resj^ective Plenipotentiaries have signed the present convention in duplicate, and have thereunto affixed their seals. Done at Washington the twenty-third day of March, A. D. one thousand eight hundred and sixty-eight, and of the Independence of the United States the ninety -second. [seal.] William H. Seward. [seal.] M. Cerruti. “Ameiitletl by .Article II of the couvention of June 11, 1884. ITALY — 1869-1871. 969 1869. Extradition Convention. Concluded January 21, 1869; ratification advised Toy the senate FeTo- ruary 16, 1869; ratified by the President February 23, 1869; rati- f cations exchanged May 7, 1869; proclaimed May 11, 1869. It is agreed that the concluding paragraph of the second article of the convention aforesaid shall be so amended as to read as follows: 8. Embezzlement by any person or persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment according to the laws of the United States, and criminal punishment according to the laws of Italy. In witness whereof, the respective PlenijDotentiaries 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. [seal.] William H. Seward, [seal. M. Cerruti. 1871. Treaty of Commerce and Navigation.® Concluded February 26, 1871; ratif cation advised by the Senate April 15, 1871; ratifed by the President April 29, 1871; ratifea- tions exchanged November 18, 1871; proclaimed November 23, 1871. Articles. I. Freedom of commerce and navi- gation. II. Liberty to trade and travel. III. Rights of person and property ; exemptions. IV. Embargo. V. No shipping discriminations. VI. No discriminations of imports and exports. VII. Shipping privileges. VIII. Exemptions from shipping dues, etc. IX. Shipwrecks. X. Completing crews. XI. Piratical captures. XII. Exemptions in war. XIII. Blockade. XIV. Regulation of blockades. XV. Contraband articles. XVI. Rights of neutrals ; free ships, free goods. XVII. Proof of nationality of vessels. XVIII. Right of search. XIX. Vessels under convoy. XX. Conduct of commanders of war vessels. XXI. Protection in case of war. XXII. Disposal of property. XXIII. Legal rights. XXIV. Most favored nation privileges. XXV. Duration. XXVI. Ratification. The United 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 United States of America, George Perkins Marsh, their Envoy Extraordinary and Minister Plenipotentiary near His Majesty the “Federal cases: Storti v. Massachusetts (183 U. S., 138); Maiorano v. Baltimore & Ohio Ry. Co. (213 U. S., 268) ; Cantini v. Tillman (54 Fed. Rep., 969) ; Tuleo v. Schuylkill Stone Co. (163 Fed. Rep., 124) ; Tuleo v. SchuylkiU Stone Co. (169 Fed. Rep., 98). 970 TREATIES, CONVENTIONS, ETC. King of Italy; and His Majesty the King of Italy, the Noble Emilio Visconti Venosta, Grand Cordon of his Orders of the Saints Maurice and Lazarus, and of the Crown of Italy, Deputy in Parliament, and his Minister 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 : Article 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 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, respec- tively, which may be open to foreign commerce. They shall also have liberty to sojourn and reside in all parts whatever of said territories. They shall enjoy, respectively, within the States and possessions of each party, the. same rights, privileges, favors, immunities, and exemp- tions for their commerce and navigation as the natives of the country wherein they reside, without paying other or higher duties or charges than are paid by the natives, on condition 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. Article 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 on trade, wholesale and retail, to hire and occupy houses and ware- houses, 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 established. Article III. The citizens of each of the high contracting parties shall receive, in the States and Territories of the other, the most constant protection and security for their persons and property, and shall enjoy in this respect the same rights and privileges as are or shall be granted to the natives, on their submitting themselves to the conditions imposed upon the natives. They shall, however, be exempt in their respective territories from compulsory military service, either on land or sea, in the regular forces, or in the national guard, or in the militia. They shall likewi^ be exempt from any judicial or municipal office, and from any contri- bution whatever, in kind or in money, to be levied in compensation for personal services. Article IV. The citizens of neither of the contracting parties shall be liable, in the States or Territories of the other, to any embargo, nor shall they be detained with their vessels, cargoes, merchandise, or effects, for ITALY 1871. 971 any military expedition, nor for any public or private purpose what- soever, 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 be from time to time lawfully imported into the United States, in their own 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 foreign country can be from time to time lawfully imported into Italy in its own ves- sels, 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 ves- sels of the one country or of the other; and they further agree that whatever may be lawfully exported and re-exported from the one country, in its own vessels, to any foreign country, may in the like manner be 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 Italy. Article VI. No higher or other duties shall be imposed on the importation into the United States of any articles, the produce or manufactures of Italy, and no higher or other duties shall be imposed on the im- portation into Italy of any articles, the produce or manufactures of the United States, than are or shall be payable on the like articles, being the produce or the manufactures of any other foreign country ; nor shall any other or higher duties or charges be imposed, in either of the two countries, on the exportation of any articles to the United States or to Italy, respectively, than such as are payable on the exportation of the like articles to any foreign country, nor shall any prohibition be imposed on the importation 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. Article VII. Vessels of the United States arriving at a port of Italy, and, re- ciprocally, vessels of Italy arriving at a port of the United States, may proceed to any other port of the same country, and may there discharge such part of their original cargoes as may not have been discharged at the port where they first arrived. It is, however, un- derstood 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. 972 TEEATIES, CONVENTIONS, ETC. Akticle vm. The following shall be exempt from paying tonnage, anchorage, and clearance duties in the respective ports: 1st. Vessels entering in ballast, and leaving again in ballast, from whatever port they may come. 2. Vessels passing from a port of either of the two States into one (XT more ports of the same State, therein to discharge a part or all of their cargo, or take in or complete their cargo, whenever they shall furnish proof of having already paid the aforesaid duties. 3. Loaded vessels entering a port either voluntarily or forced from stress of weather, and leaving it without having disposed of the whole or part of their cargoes, or having therein completed their cargoes. No vessel of the one country, which may be compelled to enter a port of the other, shall' be regarded as engaging in trade if it merely breaks bulk for repairs, transfers her cargo to another 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 custom duties. Article IX. When any vessel belonging to the citizens of either of the contract- * ing parties shall be wrecked, foundered, or shall suffer any damage, on the coasts or within the dominions of the other, there shall be given to it all 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, 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 crew, in order to continue their voyage, with sailors articled in the country, provided they submit to the local regulations and their enrolment be voluntary. Article XI. All ships, merchandise, and effects belonging to the citizens of one of the contracting parties, which may be captured by pirates, whether within the limits of its jurisdiction or on the high seas, and may be carried or found in the rivers, roads, bays, ports or dominions of the other, shall be delivered up to the owners, they proving, in due and proper form, their rights before the competent tribunals; it being well understood thfit the claim should be made within the term of one year, by the parties themselves, their attorneys, or agents of the re- spective Governments. Article XII. The high contracting parties agree that, in the unfortunate event of a war between them, the private property of their respective citi- ITALY — -1871. 973 zens 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. Article XIII. The high contracting parties having agreed that a state of war between one of them and a third Power shall not, except in the cases of blockade and contraband of war, effect the neutral commerce of the other, and being desirous of removing every uncertainty which may hitherto have arisen respecting that which, upon principles of fairness and justice, ought to constitute a legal blockade, they hereby expressly declare that such places only shall be considered blockaded as shall be actually invested by naval forces capable of preventing the entry of neutrals, and so stationed as to create an evident danger on their part to attempt it. Article XIV. And whereas it frequently happens that vessels sail for a port or a place belonging to an enemy without knowing that the 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 not contraband of war, be confiscated, unless, after a warning of such blockade or investment from an officer commanding a vessel of the blockading forces, by an endorsement of such officer on the papers of the vessel, mentioning the date and the latitude and longitude where such endorsement was made, she shall again attempt to enter ; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either, that may have entered into such a port before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor, if found therein after the reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof; and if any vessel, having thus entered any port before the blockade took place, shall take on board a cargo after the blockade be established, she shall be subject to being warned by the blockading forces to return to the port blockaded and discharge the said cargo, and if, after receiving the said warning, the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as a vessel attempting to enter a blockaded port after being warned off by the blockading forces. Article XV. The liberty of navigation and commerce secured to neutrals by the stipulations "of this treaty shall extend to all kinds of merchandise, excepting those only which are distingushed by the name of contra- band of war. And, in order to remove all causes of doubt and mis- understanding upon this subject, the contracting parties expressly 974 TREATIES, CONVENTIONS, ETC. 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, hal- berds, bombs, grenades, powder, matches, balls, and all other things belonging to, and expressly manufactured for, the use of these arms. 2. Infantry belts, implements of war and defensive weapons, clothes cut or made up in a military form and for a military use. 3. Cavalry belts, war saddles and holsters. 4. And generally all kinds of arms and instruments of iron, steel, brass, and copjoer, or of any other materials manufactured, prepared, and formed expressly to make war by sea or land. Article XVI. It shall be lawful for the citizens of the United States, and for the subjects, of the Kingdom of Italy, 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 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 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 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 apper- tain to the enemies of the other, contraband goods being always ex- cepted. 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 soldiei-s, and in the actual service of the enemy: 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 recogmize this principle, but if either of the two contracting parties shall be at war with a third, and the other neutral, the flag of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not of others. Article XVII. All A^essels sailing under the flag of the United States, and fur- nished with such papers as their laws require, shall be regarded in Italy as vessels of the United States, and, reciprocally, all vessels sailing under the flag of Italy, and furnished with the papere which the laws of Italy require, shall be regarded in the United States as Italian vessels. ITALY — ^1871. 975 Abticle xvm. In order to prevent all kinds of disorder in the visiting and ex- amination of the ships and cargoes 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 contracting 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 examination of the papers, concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treat- ment; and it is expressly agTeed that the unarmed party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his papers, or for any other purpose whatever. Article XIX. It is agreed that the stipulations contained in the present treaty relative to the visiting and 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 protection 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 subjects of the contracting parties, it is agreed between them that all commanders of ships of war of each party, respectively, shall be strictly enjoined to forbear from doing any damage to or committing any outrage against the citizens or subjects of the other, or against their vessels or property; and if the said commanders shall act con- trary to this stipulation, they shall be severely punished, and made answerable in their persons and estates for the satisfaction and reparation of said damages, of whatever nature they may be. Article XXI. If by any fatality, which cannot be expected, and which may God avert, the two contracting parties should be engaged in a war with each other, they have agreed and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business, and transport their effects wherever they please, with the safe con- duct 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 destroyed, nor their fields wasted by 976 TREATIES, CONVENTIONS, ETC. the armed force of the belligerent in whose power, by the events of war, they may happen to fall ; but, if it 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 trea- ties, nor any other whatever, shall be considered as annulling or sus- pending this article; but, on the contrary, that the state of war is precisely that for which it is provided, and during which its provi- sions are to be sacredly observed as the most acknowledged obligations in the law of nations. Article XXII. The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament, or otherwise, and their representatives, being citizens of the other party, shall succeed to their 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, without any other conditions, restrictions, or taxes than such as are imposed upon the natives. They shall, therefore, be free to 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 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 ti’ials. Article XXIV. The United States of America and the Kingdom of Italy mutually engage not to gvant any particular favor to other nations, in respect to commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely if the concession was freely made, or on allowing the same compensation if the concession was conditional. Article XXV. The present treaty shall continue in force for five (5) years fi’om the day of the exchange of the ratifications; and if, twelve (12) months before the expiration of that period, neither of the high con- tracting parties shall have announced to the other, by an official noti- fication. its intention to terminate the said treaty, it shall remain obligatory on both parties one (1) year beyond that time, and so on ITALY — 1871-1878. 977 imtil the expiration of the twelve (12) months, which will follow a similar notification, whatever may be the time when such notification shall be given. Article XXVI. The present treaty shall be approved and ratified by His Majesty the King of Italy, and by the President of the United States, by and with the advice and consent of the Senate thereof, and the ratifica- tions 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 languages, and thereto afiixed their respective seals. Done at Florence this twenty-sixth day of February, in the year of our Lord one thousand eight hundred and seventy-one. [seal.] George P. Marsh, [seal.] Visconti Venosta. 1878.“ Consular Convention. Concluded May 8, 1878; ratif,cation advised hy the Senate May ^<5, 1878; ratified hy the President June If.^1878 ; ratifications exchanged Septemher 18, 1878; proclaimed September 27, 1878. Articles. I. Consular recognition. II. Exequaturs. • III. Exemptions. IV. Status in legal proceedings. V. Arms and flags. VI. Archives. VII. Vacancies. VIII. Vice-consuls and agents. IX. Dealings with officials. X. General powers. XI. Shipping disputes. XII. Disputes between passengers and officers of vessels. XIII. Deserters from ships. XIV. Damages at sea. XV. Shipwrecks. XVI. Death of citizens. XVII. Most favored nation privileges. XVIII. Duration; ratification. The President of the United States and His Majesty the King of Italy, recognizing the utility of defining the rights, privileges and immunities of consular officers in the two countries, have determined to conclude a consular convention for that purpose, and accordingly, 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 Minister 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 Consuls General, Consuls, Vice-Consuls and Consular Agents of the “Federal case: The Salomoni (29. Fed. Rep., 534). 24449— VOL 1—10 62 978 TREATIES, CONVENTIONS, ETC. other in all its ports, places and cities, with the exception 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 contracting parties without being applied in like manner to all the other Powers. Article II. Consular officers shall receive, after presenting their commissions, and according to the formalities established in the respective coun- tries, the exequatur required for the exercise of their functions, which shall be furnished to them free of cost; and on presentation of this document, they shall be admitted by all the authorities of their place of residence, to the enjoyment of the rights, prerogatives and im- munities granted them by this convention. Article III. Consular offices, citizens of the state by which they were appointed, shall be exempt from arrest or imprisonment in civil cases and from preliminary arrest in penal cases, except in the case of offenses which the local law qualifies as crimes and punishes as such, and they shall be exempt from military billettings and from the perfonnance 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 capitation tax or in respect to their property unless such taxes be- come due on account of the possession of real estate or for interest on capital invested 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. Article IV. Consular officers, citizens of the state which appointed them, and who are not engaged in trade, professional business or any kind of manufactures, shall not be obliged to appear as witnesses before the courts of the country in which they reside. If their testimoni'^ 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 com- ply 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 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. ITALY — 1878. 979 Article V. Consuls General, Consuls, Vice-Consuls and Consular Agents may place over the outer door of their office, the arms of their nation with this inscription: Consulate or Vice-Consulate or Consular Agency of the TJnit^ed States or of Italy. They may also hoist the flag of their country, over the house in which the consular office is, provded they do not reside in the capital in which the legation of their country is established. Article VI. The consular offices shall be at all times iiiA'iolable. The local au- thorities shall not be allowed to enter them under any pretext, nor shall they in any case examine or sequestrate the papers therein de- jiosited. These offices, 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. Article VII. In case of death, incapacity or absence of the Consuls General, Consuls, Vice-Consuls, and Consular Agents, their Chancellors and Secretaries, whose official character shall have been previously an- nounced to the Department of State at Washington, or to the Min- istry of Foreign Affairs in Italy, shall be permitted to discharge their functions ad interim., and they shall enjoy, while thus acting, the same rights, prerogatives and immunities as the officers whose places they fill, on the condition and with the reserves prescribed for those offices. Article VIII. Vice-Consuls or Consular Agents may be appointed by the respec- tive governments or by the Consuls General or Consuls, with the ap- proval of said governments, in the cities, ports, and places of each consular district. These agents may be selected from the citizens of the United States, or from Italian citizens or other foreigners, and they shall be furnished with a commission by the government or by the Consul appointing them under whose orders they are to discharge their functions. They shall enjoy the privileges provided in this convention for con- sular 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 within their district, whether federal or local, judicial or executive, for the purpose of complaining of any infraction of the treaties 'or conven- tions existing between the United States and Italy, as also in order to defend the rights and interests of their countrymen. If the com- 980 TREATIES, CONVENTIONS, ETC. plaint 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. ArticioE X. Consuls General, Consuls, Vice-Consuls, and Consular Agents, and their Chancellors or Consular Clerks shall have the right to take in their offices, at the residence of the parties, in their own dwelling and even on board ship, the depositions of captains and crews of the ves- sels of their nation, of passengers on board of the same, and of any other citizens or subjects of their country. They shall also have the right to i-eceive at their offices, conformably to the laws and regulations of their country, any contract between citizens or subjects and other inhabitants of the country in which they reside, and also any contract between these latter, provided it relates to real estate situated in the territory of the nation to which the con- sular 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 authenti- cated, by the Consuls General, Consuls, Vice-Consuls and Consular Agents and sealed with the seal of office of the Consulate, shall be received as evidence in the United States and Italy. Article XI.® Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall have exclusive charge of the internal order on board of the merchant vessels of their nation, and shall alone take cognizance of questions, of whatever kind, that may arise, both at sea and in port, between the captain, officers and seamen, without exception, and especially of those relating to wages and the fulfilment of agreements reciprocally made. The courts, or federal, state or municiiial authorities in the United States, and the tribunals or authorities in Italy, shall not under any pretext, interfere in such questions, but they shall lend aid to consular officers when the latter shall request it, in order to find out, arrest and imprison any person belonging to the crew, whom they may think proper to place in custody. These persons shall be arrested at the sole demand of the consular officers, made in writing to the courts or federal, state or municipal authorities in the United States, or to the competent court or authority in Italy, such demands being supported by an official extract from the register of the vessel and from the crew-list and they shall be detained during the stay of the vessel in the jiort, at the disposal of the consular 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 carriage of passengers in steamships and other vessels^ all disputes ® This article is annulled and a new one substituted by the convention of February 24, 1881. ITALY — 981 and questions of any nature that may arise between captains 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. Article XIII. The respective Consuls General, Consuls, Vice-Consuls and Con- sular 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 officers, the deserters, not being citizens or sub- jects 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 ex- pense of the consular officer, until he finds an opportunity to send them home. 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. Article XIV. In the absence of an agreement to the contrary, between the owners, freighters and insurers, all damages suffered at sea, by the vessels of the two countries whether they enter the respective ports volun- tarily, or are forced by stress of weather or other causes over which the officers 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 upon the coasts of Italy, and of Italian vessels upon the coasts of the United States, shall be directed by the respective Con- suls General, Consuls and Vice-Consuls of the two countries, and 982 TREATIES, CONVENTIONS, ETC. until their arrival, by the respective consular agents, where consular agencies exist. In places and ports where there is no such agency, the local au- thorities shall give immediate notice of the shipwreck to the 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 jirotection of persons and the preservation of property. The local authorities shall intervene only to preserve order, and to protect the interest of the salvors, if they do not belong to the crew of the wrecked vessel, and to secure the execution of the arrange- ments made for the entry and exportation of the merchandise saved. It is understood that such merchandise is not to be subjected to any custom-house charges, unless it be intended for consumption 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 an Italian citizen in the United States, who has no known heir, or testamentary executor designated by him, the competent local authorities shall give notice of the fact to the Consuls or Consular Agents of the nation to which the deceased belongs, to the end that information may be at once transmitted to the parties interested. Article XVII. The respective Consuls General, Consuls, Vice-Consuls and Con- sular Agents, as likewise the Consular Chancellors, Secretaries, Clerks or Attaches, shall enjoy in both countries, all the rights, pre- rogatives, immunities and privileges which are or may hereafter be granted to the officers of the same grade, of the most favoured nation. Article XVIII. This Convention shall remain in force for the space of ten years from the date of the exchange of the ratifications, which shall take place in conformity with the respective Constitutions of the two countries, at Washington or at Rome, within the period of six months, or sooner, if possible. In case neither party gives notice twelve months previously to the expiration of said period of ten years, of its intention not to renew the Convention, this shall remain in force until the expiration of a year from the day on which one of the parties shall have made such announcement. 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 thousand eight hundred and seventy-eight. [seal.] William Maxwell Evarts. [seal.] a. Blanc. ITALY 1881. 983 1881. Convention Supplejmental to Consular Convention, 1878. C oncluded February 2^, 1881; ratification advised by the Senate May 6, 1881 ; ratified by the President May 10, 1881; ratifications ex- changed June 18, 1881; 'proclaimed June 29, 1881. Aeticles. I. Shipping disputes ; substitute for I II. Ratification and effect. Article XI. | llTiereas question has arisen at divers times between the government of the 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 Washing- ton 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 Consular 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 article of that Convention; the United States of America and His Majesty the King of Italy, have resolved to con- clude a special supplementary Convention to that end and have ap- pointed 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 Italy: Paul Beccadelli Bologna, Prince of Camporeale, his Charge d’Affaires in the United States of America; who after communicat- ing to each other their full powers, found in good and due form, have agreed upon the following articles : Article I. Tlie eleventh article of the Consular Convention of May 8, 1878, between the United States of America and Italy, is hereby annulled, and in its place the following article is substituted, namely : 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 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. 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 Authori- ties or Courts in the United States nor any Court or Authority in Italy, shall on any pretext interfere except when the said liisorders 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 984 TREATIES, CONVENTIONS, ETC. trouble or breach of the peace, a person or persons shall be impli- cated, not forming a part of the crew. In any other case, said Fed- eral, 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 request of the Consuls addressed in writing to either the Fed- eral, 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 detention of those persons, shall be paid by the Consular Officers. Article II. This supplementary Convention shall be ratified in conformity with the laws of the respective countries, and the ratifications there- of shall be exchanged at Washington, as soon as possible 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. 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 Feb- ruary, Anno Domini, one thousand eight hundred and eighty-one. [seal.] William Maxwell Evarts. [seal.] Camporeale. 1882. Declaration for the Reciprocal Protection of Marks of Manu- facture AND Trade. Concluded June 7, 1882; rati-jication advised hy the Senate February 25, 188J{.; froclaimed March 19, 1881).. declaration. The Government of the United States of America and the Govern- ment of His Majesty the King of Italy, wishing to provide for the reciprocal 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 belong to native citizens, or as are now granted or may hereafter be granted to the subjects or citizens of the most favored nation, in everything relating to property in trade-marks and trade-labels. ITALY — 1882-1884. 985 It is understood that any person who desires to obtain the aforesaid protection must fulfil the formalities required by the laws of the respective countries. In witness whereof the undersigned, having been duly authorized to this effect, have signed the present declaration, and have affixed 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.] Fred’k T. Frelinghuysen. [seal.] Fava. [Note.- — Inasmuch as the act of Congress, entitled “An act relating to the registration of trade-marks ”, approved August 5, 1882, gives the right of trade- mark registry to subjects of any foreign country which by law admits the like right for citizens of the United States, this Declaration is held to be an estab- lishment of the fact that such reciprocal privilege exists, and is therefore effective from June 1, 1882, the date of its signature.] 1884. Convention Additional to Extradition Convention, 1868.® Concluded June 11^ 188 Jf; ratification advised hy the Senate July 5, 1884; ratified hy the President April 10, 1885; ratifications ex- changed April 24, 1885; proclaimed April 24-, 1885. Articles. I. Kidnapping added to extraditable I II. Preliminary detention, crimes. I III. Effect; ratification. 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 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 ap- pointed as their Plenipotentiaries, to-wit: The President of the United 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; 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 from them or their families, or for any other unlawful purpose. “ See Convention of 1868. 986 TREATIES, CONVENTIONS, ETC. Article II. The following clause shall be inserted after Article V. of the afore- said 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 the Minister of Foreign Affairs [of Italy] or the Secretary of 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 Avhich, pursuant to this Convention, extradition may be granted, and on complaint duly made under oath by a person cog- nizant of the fact, or by a diplomatic or consular officer of the de- manding Government, being duly authorized by the latter, and at- testing that the aforesaid crime was thus perpetrated, to issue a warrant 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 evi- dence of his or her criminality may be heard and considered ; and the person thus accused and imprisoned shall from time to time be re- manded to prison until a formal demand for his or her extradition shall be made and supported by evidence as above provided ; if, how- ever, the requisition, together Avith the documents aboA^e provided for, shall not be made, as required, by the diplomatic representative of the demanding Government, 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 extradition convention of March 23. 1868, and together with the additional article of January 21, 1869, as having the same A^aliie 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 take effect immediately after the said exchange of ratifications. 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 year of our Lord one thousand eight hundred and eighty-four. [seal.] Fredk. T. Frelinghuysen. [seal.] Fava. 1892. Copyright Proclamation, October 31, 1892. Whereas it is provided by section 13 of the act of congress of March 3, 1891, entitled “ an act to amend title sixty, chapter three of the revised statutes of the United States, relating to copyrights,” that said act “ shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens ITALY — 1892-1900. 987 of the United States of America the benefit of copyright on snbstan- tiallj^ the same basis as its own citizens; or when such foreign states or nation, is a party to an international agreement which provides for recijirocity in the granting of copiu'ight, by the terms of which agreement the United States of America may, at its pleasure, become a party to such agreement And whereas it is also provided by said section that “ the existence of either of the conditions aforesaid shall be determined by the President of the United States by proclamation made from time to time as the purposes of this act may require And whereas satisfactory official assurances have been given that in Italy the law permits to citizens of the United States the benefit of copyright on substantially the same basis as to the subjects of Italy: Now, therefore I, Benjamin Harrison, President of the United States of America, do declare and proclaim that the first of the con- ditions specified in section 13 of the act of March 3, 1891, now exists and is fulfilled in respect to the subjects of Italy. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this thirty first day of October one thousand eight hundred and ninety two, and of the Independ- ence of the United States the One hundred and seventeenth. Benj. Harkison. By the President : John W. Foster, Secretary of State. 1900.“ Keciprocal Commercial Arrangement with Italy. Concluded February 8, 1900/ 'proclaimed July 18^ 1900. Articles. I. Concessions by tbe United States. | III. Approval; duration. II. Concessions by Itaiy. I The President of the United States of America and His Majesty the King of Italy, mutually desirous to improve the commercial rela- tions between the two countries by a Special Agreement relative thereto, have apiiointed as their Plenipotentiaries for that purpose, namely : — The President of the United States of America, the Honorable J ohn A. Kasson, Special Commissioner Plenipotentiary, etc. and His Majesty the King of Italy, His Excellency the Baron S. Fava, Senator of the Kingdom, his Ambassador at Washington, etc.. Who being duly empowered thereunto have agreed upon the follow- ing Articles. Article I. It is agreed on the part of the United States, pursuant to and in accordance with the provisions of the third Section of the Tariff Act “ This agreement terminates to take effect August 7, 1910, on notice by United States pursuant to tariff act of 1909. 988 TREATIES, CONVENTIONS, ETC. of the United States approved July 24, 1897, and in consideration of tlie concessions hereinafter made on the part of Italy in favor of the products and manufactures of the United States, that thq existing; duties imposed upon the following articles being the product of th(> soil or industry of Italy imported into the United State shall be sus- pended during the continuance in force of this Agreement, and in place thereof the duties to be assessed and collected thereon shall be as follows, namely On argols, or crude tartar, or wine lees, crude, five per centum ad valorem. On brandies, or other spirits manufactured or distilled from grain or other materials, one dollar and seventy-five cents per proof gallon. On still wines, and vermuth, in casks, thirty-five cents per gallon; in bottles or jugs, per case of one dozen bottles or jugs containing each not more than one quart and more than one pint, or twenty-four bottles or jugs containing each not more than one pint, one dollar and twenty-five cents per case, and any excess beyond these quantities found in such bottles or jugs shall be subject to a duty of four cents per pint or fractional part thereof, but no separate or additional duty shall be assessed upon the bottles or jugs. On paintings in oil or water colors, pastels, pen and ink drawings, and statuary, fifteen per centum ad valorem. Article II. It is reciprocally agreed on the part of Italy, in consideration of the provisions of the foregoing Article, that so long as this Convention shall remain in force the duties to be assessed and collected on the following described merchandise, being the product of the soil or industry of the United States, imported into Italy shall not exceed the rates hereinafter specified, namely : — Upon cotton seed oil “ flsli, pickled or in oil, excluding the tunny, pre- served in boxes or barrels, sardines and anchovies “ other fish, preserved “ agricultural machinery “ detached parts of agricultural machinery: (1) of cast iron (2) of other iron or steel “ scientific instruments : (a) of copper, bronze, brass or steel: (1) with spy-glasses or microscopes, or graduated scales or circles, spy-glasses for use on land, monocles, binocles, lenses, detached and mounted (2) not provided with any optical in strument, nor with graduated scales or circles (b) of all kinds, in the construction of which iron is evidently predominant “ dynamo-electrical machines : (1) the weight of which exceeds 1000 kilo- grams (2) weighing 1000 kilograms or less “ detached parts of dynamo-electrical machines “ sewing machines : (1) with stands (2) without stands ** varnishes, not containing spirits nor mineral oils Lire 21.50 per quintal, “ 15.00 “ “ 25.00 “ “ 9.00 “ “ 10.00 “ “ 11.00 “ “ 30.00 “ “ 30.00 “ “ 30.00 “ 16.00 “ 25.00 “ 25.00 “ 25.00 “ 30.00 “ 20.00 “ ITALY — 1900-1903, 989 The following articles shall be admitted free of duty : — • TurpeDtiue oil. Natural fertilizers of all kinds. Skins, crude, fresh or dried, not suitable for fur; and fur skins. Abticle III. This Agreement is subject to the approval of the Italian Parliament. IVhen such approval shall have been given, and official notification shall have been * given to the United States Government of His Majesty’s ratification, the President shall publish his proclamation, giving full effect to the provisions contained in Article I of this Agreement. From and after the date of such proclamation this Agreement shall be in full force and effect, and shall continue in force until the expiration of the year 1903, and if not denounced by either Party one year in advance of the expiration of said term shall con- tinue in force until one year from the time when one of the High Con- tracting Parties shall have given notice to the other of its intention to arrest the operation thereof. In witness whereof we the respective Plenipotentiaries have signed this Agreement, in duplicate, in the English and Italian texts, and have affixed thereunto our respective seals. Done at Washington this eighth day of February, A. D. one thousand and nine hundred. John A. Kasson [seal] Fava [seal] 1903. Protection of Trade-Marks in Morocco. Agreement effeeted hy exchange of notes June 13, 1903-March m, 1901^. [Translation.] Tangier, June 13th 1903. Dear Colleague: I have the honor to inform you that the Gov- ernment of my Sovereign gives its adherence to the agreements con- cluded and resulting from the declarations exchanged in 1892, 1894, 1895, 1896; 1899 and 1900 between the Consulate-General of the United States and the Legations of France, Portugal, Belgium. Ger- many, Spain, Austria-Hungary, the Consulate-General of Holland and the Legation of His Britannic Majesty, with regard to the mu- tual protection of property in Trade-Marks in Morocco. I. By virtue of the civil and criminal jurisdiction which they have acquired and exercise, in that country, the Consuls and Consular Courts of His Majesty have jurisdiction over all claims regarding the infringement of Trade-Marks by Italian subjects. II. Consequently, all complaints addressed to them by American manufacturers to obtain protection for Trade-Marks duly registered in the Kingdom, against infringement by Italian subjects should in future be prosecuted, in the first place before the Consular Court and finally before the Royal Court of Appeals in Genoa. III. The right of proprietorship in Trade-Marks is regulated in Italy by the law of August 30th 1868. 990 TREATIES, CONVENTIONS, ETC. I beg you, dear Colleague, to take note of the present declaration and let me know whether Italian subjects will have the same legal protection before the Consular authorities of the United States in all that concerns the proprietorship of their Trade-Marks duly reg- istered in the United States. Accept, dear Colleague, the assurances of my high consideration. Malmusi. Mr. Gtjmmere, C onsul-General of the United States of America. Tangier, July 29th 1903. Your Excellency: In pursuance of your letter to the Consul- General of June 13th last, I have the honor to inform you that I am in receipts of Instructions from my Government, authorizing me to enter into a reciprocal agreement with the Government of the Kingdom of Italy and the United States. The agreement to be for the mutual protection of Trade-Marks registered in Italy and the United States against infringement in Morocco by subjects of the respective nations, on the lines of that now existing between the United States and Great Britain. Accept, Mr. Minister, the assurance of my high consideration. Hoffman Philip, Acting Consul-General. Mr. Malmusi, Minister of Italy. Tangier, March 12th WOlf. Sir: Beferring to the letter of the 13th of June 1903, received from His Excellency the Italian Minister, and to our interview of the 10th instant, I beg to assure you that I am authorized by m3' Government to declare that the same protection ivill be accorded by the Consular Authorities of the United States in Morocco, to Italian Trade-Marks duly registered in the United States in conformity with the laws, as that accorded to American Trade-Marks under the same circumstances, by Italian tribunals in Morocco. Accept, Sir, the assurance of my distinguished consideration. S. R. Gummere. Mr. Gianatelli Gentile, Charge d"' Affaires of Italy. [Translation.] Royal Embassy of Italy, 'Washington., D. C., December 19., 1903. Mr. Secretary of State : As Your Excellenc3' is aware, an agree- ment was reached by an exchange of notes dated August 13“ and 4 “Evidently a clerical error. For dates of notes see nnic. TTie note of .Inly 2!) is a duplicate of the note of August 4. There is no note of August 13 in (he correspondence, but one of June 13, 1903. ITALY — 1903-1905. 991 last between the Minister of Italy at Tangiers and the representative, there, of the United States of America, respectively to defer to the Italian and American Consular courts in Morocco disputes arising from the counterfeiting of trade marks committed by the citizens of either country to the prejudice of those of the other. The Government of the King has issued to the Koyal Legation at Tangiers appropriate instructions for the execution of this agree- ment in accordance with articles 65, 67 and 111 of the existing Con- sular laws of Italy. I am directed by my Government and have, in consequence, the honor to transmit herewith to your Excellency the text of those instruction together with its two accompaniments, for the due information of the Government of the United States and in completion of the agreement made at Tangiers by the representa- tives of the two States. I embrace the opportunity, &c., V. Macchi di Cellere. 1905. Protection of Trade-Marks in China. Agreement effected hy exchange of notes December 18, 1905. December 18, 1905. Mr. Minister and dear Colleague: The Government of the United States being desirous of reaching an understanding with the Government of Italy for the reciprocal protection against infringe- ment in China by citizens and subjects of our respective nations of trade marks duly registered in the United States and Italy, I am authorized by the Secretary of State of the United States to inform you that effectual provision exists in American Consular Courts in China for the trial and punishment of all persons subject to the jurisdiction of the United States who may be charged with and found guilty of infringing in any way trade marks of persons sub- ject to the jurisdiction of Italy which have been duly registered in the United States. I beg that you will kindly inform me whether American citizens are entitled to the same legal refnedies in the Consular Courts of Italy in China as regards the protection from infringement of their trade marks duly registered in Italy. I have the honor to be, Mr. Minister and dear Colleague, Your obedient servant, W. W. Eockhill. His Excellency, Monsieur Carlo Baroli, etc., etc., etc. [Translation.] Peking, December 18, 1905. Mr. Minister: I have the honor to acknowledge the receipt of your note of to-day’s date by which you inform me that you have been authorized by your Government to conclude an arrangement with the Italian Legation by means of an exchange of notes, for the 992 TREATIES, CONVENTIONS, ETC. reciprocal protection in China of American and Italian trade marks, and that hereafter infringements of trade marks the property of Italian subjects and duly registered in the United States by persons subject to the jurisdiction of American Consular Courts In China will be tried by the latter according to law. Having been duly authorized thereto by the Royal Government, I am pleased to inform you that hereafter infringements of trade marks of American citizens, duly registered in Italy, by persons subject to the jurisdiction of the Italian Consular Courts in China will in first instance be tried according to the law by said Courts and on appeal by the Royal Court of Appeals of Ancona. Please accept, etc., etc. C. Baroli. Peking, January 22^ 1906. Mr. Minister and dear Colleague: In connection with the notes which I had the honor to exchange with Your Excellency on Decem- ber 18, 1905, looking to the reciprocal protection from infringement by our respective nationals in China of trade marks belonging to them I duly transmitted copies of the same to my Government. In reply the Secretary of State has called to my attention, as possibly misleading, the use made in my note to you of the word “ punishment ” by our Consular Courts in China of American citi- zens who may have infringed in China trade marks the property of persons under the jurisdiction of Italy. In view of the fact that there is no statute in the United States making the infringement, counterfeiting, etc. of a trade mark a criminal offense, and that effectual provision exists by a civil action for damages by the owner of a trade mark, my Government is of the opinion that the word “ punishment ” should be understood to refer to a civil action only, and not to a criminal procedure, as might be inferred from the use of the word in question without the present explanation added thereto. I beg leave to call Your Excellency’s attention to the above pro- vision of our law, so that nothing in my note of December 18, last, may be construed as conflicting therewith. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. W. W. Rockhill. To His Excellency Carlo Baroli, etc.., etc.., etc. 1908. Arbitration Convention. Signed at W ashington, March 28, 1908; ratification advised by the Senate, April 2, 1908; rati fed by the President, June 19, 1908; rati- f cations exchanged at W ashinqton, Januai^y 22, 1909; proclaimed, January 25, 1909. Articles. I. Differences to be submitted. I III. Duration. II. Special agreement. | IV. Ratification. The Government of the United States of America and the Govern- ment of His Majesty the King of Italy, signatories of the Conven- ITALY — 1908. 993 tion for the pacific settlement of international disputes, concluded at The Hague on the 29th July, 1899; Taking into consideration tliat by Article XIX of that Convention the High Contracting Parties have reserved to themselves the right of concluding agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treat- ment. Have authorized the Undersigned to conclude the following Con- vention : Article I. Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two Contracting Par- ties, and which it may not have been possible to settle by diplo- macy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of either of the two Contracting States, and do not concern the interests of third Parties. Article II. In each individual case the High Contracting Parties before ap- pealing to the Permanent Court of Arbitration, shall conclude a spe- cial Agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators and the periods to be fixed for the for- mation of the Arbitral Tribunal and the several stages of the pro- cedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate thereof. Article III. The present Convention is concluded for a period of five years, dating from the day of the exchange of its ratifications. Article IV. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the Government of His Majesty the King of Italy in accordance with its constitution and laws. The ratifi- cations shall be exchanged at Washington as soon as possible, and the Convention shall take effect on the date of the exchange of its ratifications. Done in duplicate at the City of Washington in the English and Italian languages, this twenty-eighth day of March, in the year 1908. Elihu Root [seal] Mayor [seal] 24449— VOL 1—10 63 994 TKEATIES, CONVENTIONS, ETC. 1909.“ Supplementary Commercial Agreement Signed March 1909; 'proclaimed April 1909. Articles. The President of the United States of America and His Majesty the King of Italy, considering it appropriate to supplement by an Additional Agreement the Commercial Agreement signed between the two Governments at Washington, on February 8, 1900, have appointed as their plenipotentiaries, to wit: The President of the United States of America, the Honorable Robert Bacon, Secretary of State of the United States; and His Majesty the King of Italy, His Excellency the Baron Mayor des Planches, His Ambassador Extraordinary and Plenipotentiary at Washington, MTio, after an exchange of their respective full powers, found to be in due and proper form, have agreed upon the following Articles : j Article I. It is agreed on the part of the United States, in accordance with the provisions of section 3 of the Tariff Act of the United States approved July 24, 1897, that the rates of duty heretofore imposed and collected, under the said Act, on Italian sparkling wines upon entering the United States, including the island of Porto Rico, shall be suspended during the continuance in force of this agreement, and, instead, the following duties shall be imposed and collected, to wit: On all sparkling wines, in bottles containing not more than one quart and more than one pint, six dollars per dozen ; containing not more than one pint each and more than one-half pint, three dollars per dozen ; containing one-half pint each or less, one dollar and fifty cents per dozen ; in bottles or other vessels containing more than one quart each, in addition to six dollars per dozen bottles on the quan- tities in excess of one quart, at the rate of one dollar and ninety cents per gallon. Article II. It is reciprocally agreed on the part of Italy, in consideration of the provisions of the foregoing Article, that during the term of this Additional Agreement the duty to be assessed and collected on mowers and tedders, included in item No. 240, paragraph “ f,” of the Customs Tariff of Italy, products of the industry of the United States, imported into Italy, shall not exceed the rate of four lire per one hundred kilograms. Will terminate August 7, 1910, on notice by United States. ITALY — 1909. 995 Article III. When official notification of His Majesty’s ratification shall have been given to the Government of the United States, the President of the United States shall publish his proclamation, giving full effect to the provisions contained in Article I of this Agreement. From and after the date of such proclamation this Agreement shall be in full force and effect, and shall continue in force until the expiration of one year from the time when either of the High Con- tracting Parties shall have given notice to the other of its intention to terminate the same. In witness whereof we, the respective Plenipotentiaries, have signed this Agreement, in duplicate, in the English and Italian texts, and have affixed hereunto our respective seals. Done at Washigton, this second day of March, A. D. one thousand nine hundred and nine. Egbert Bacon [seal] E. Mayor des Planches, [seal] JAPAN 1854.“ Treaty of Peace, Amity, and Commerce. Concluded March 31, ISSlf.; rati-fication advised hy the Senate July 15, 185 1^; rati-fied hy the President August 7, 185k; ratifications ex- changed February 21, 1855; 'proclaimed June 22, 1855. Articles. I. Peace and amity. II. Opening of Simoda and Hako- dade. III. Shipwrecks. IV. Treatment of shipwrecked persons. V. Shipwrecked persons at Simoda and Hakodade. VI. Business. VII. Trade. VIII. Supplies to vessels. IX. Most favored nation privileges. X. Open ports. XI. Consuls. XII. Ratification. 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 maimer clear and positive, by means of a treaty or general convention of peace and amity, the rules which shall in future be mutually observed in the intercourse of their re- spective countries; for which most desirable object the President of the United 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 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 Revenue. And the said Commissioners, after having exchanged their said full powers, and duly considered the premises, have agreed to the following articles : Article I. Thbre 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 be- tween their people respectively, without exception of persons or places. Article II. The port of Simoda, in the principality of Idzu, and the port of Hakodade, in the principality of Matsmai, are granted by the Japanese as ports for the reception of American ships, where they ® This treaty was superseded on July 17, 1899, by the treaty of November 22, 1894, Article XVIII. 996 JAPAN — 1854. 997 can be supplied with wood, water, provisions, and coal, and other articles their necessities may require, as far as the Japanese have them. The time for opening the first-named port is immediately on signing this treaty; the last-named port is to be opened immediately after the same day in the ensuing Japanese year. Note. — A tariff of prices shall be given by the Japanese officers of the things which they can furnish, payment for which shall be made in gold and silver coin. Article III. Whenever ships of the United States are thrown or wrecked on the coast of Japan, the Japanese vessels will assist them, and carry their crews to Simoda, or Hakodade, and hand them over to their country- men, 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. Article IV. Those shipwrecked persons and other citizens of the United States shall be free as in other countries, and not subjected to confinement, but shall be amenable to just laws. Article V. Shipwrecked men and other citizens of the United States, tempora- rily living at Simoda and Hakodade, shall not be subject to such re- strictions and confinement as the Dutch and Chinese are at Naga- saki, but shall be free at Simoda to go where they please within the limits of seven Japanese miles (or ri) from a ^mall island in the har- bor 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 be defined after the visit of the United States squadron to that place. Article VI. If there be any other sort of goods wanted, or any business which shall require to be arranged, there shall be careful deliberation be- tween the parties in order to settle such matters. Article VII. It is agreed that ships of the United States resorting to the ports open to them shall be permitted to exchange gold and 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 they are unwilling to exchange. Article VIII. Wood, water, provisions, coal, and goods required, shall only be procured through the agency of Japanese officers appointed for that purpose, and in no other manner. 998 TREATIES, CONVENTIONS, ETC. Article IX. It is agreed that if at any future day the Government of Japan shall grant to any other nation or nations privileges and advantages which are not herein granted to the United States and the citizens thereof, that these same privileges and advantages shall be granted likewise to the United States and to the citizens thereof, without any consultation or delay. Article X. Ships of the United States shall be permitted to resort to no other ports in Japan but Simoda and Hakodade, unless in distress 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 expira- tion of eighteen months from the date of the signing of this treat}’; provided that either of the two Governments deem such arrangement necessary. Article XII. The present convention having been concluded and duly signed, shall be obligatory and faithfully observed by the United States of America and Japan, and by the citizens and subjects of each respec- tive Power ; and it is to be ratified and approved by the President of the United States, by and with the advice and consent of the Senate thereof, and by the August Sovereign of Japan, and the ratification shall be exchanged within eighteen months from the date of the signa- ture 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. Perry. 1857. Commercial and CoNsn.AR Treaty.® Concluded June 17, 1857; ratification advised hij the Se?iate June 15, 1858; ratified hy the President June 30, 1858; 'proclaimed June 30, 1858. Articles. I. Port of Nangasld, II. Simoli, Hakodade. III. Coin. IV. Offences. V. Medium of exchange. VI. Consul-general. VII. Purchases for the consul-general. VIII. Language. IX. Ratification. “This treaty was superseded by the treaty of 1858. Ross v. McIntyre (140 U. S., 453). JAPAN — 1857. 999 For the purpose of further regulating the intercourse of American citizens within the Empire of Japan, and after due deliberation, His Excellency Townsend Harris, Consul General of the United States of America for the Empire of Japan, and their Excellencies In- owouye. Prince of Sinano, and Nakamoera, Prince of Dewa, Gov- ernors of Simoda, all having full powers from their respective Governments, have agreed on the following articles, to wit: Article I. The port of Nangasaki, in the principality of Hizen, shall be open to American vessels, where they may repair damages, procure water, fuel, provisions, and other necessary articles, even coals, where they are obtainable. Article II. It being known that American ships coming to the ports of Simoda and Hakodade cannot have their wants supplied by the Japanese, it is agreed that American citizens may permanently reside at Simoda and Hakodade, and the Government of the United States may ap- point a Vice-Consul to reside at Hakodade. This article to go into effect on the fourth day of July, eighteen hundred fifty-eight. Article III. In settlement of accounts the value of the money brought by the Americans shall be ascertained by weighing it with Japanese coin (gold and silver itsebues,) 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. Article IV. Americans committing offences in Japan shall be tried by the American 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. Article V. American ships which may resort to the ports of Simoda, Hako- dade, or Nangasaki, for the purpose of obtaining necessary supplies, or to repair damages, shall pay for them in gold or silver coin ; and if they have no money, goods shall be taken in exchange. Article VI. The Government of Japan admits the right of His Excellency the Consul General of the United States to go beyond the limits of Seven Ri, but has asked him to delay the use of that right, except in cases of emergency, shipwreck, &c., to which he has assented. 1000 TREATIES, CONVENTIONS, ETC. Article VII. Purchases for His Excellency the Consul General, or his family, may be made by him only, or by some member of his family, and payment made to the seller for the same, without the intervention of any Japanese olRcial; and for this purpose Japanese silver and copper coin shall be supplied to His Excellency the Consul General. Aetice VIII. As His Excellency the Consul General of the United States of America has no knowledge of the Japanese language, nor their Ex- cellencies the Governors of Simoda a knowledge of the English lan- guage, it is agreed that the true meaning shall be found in the Dutch version of the articles. Artice IX. All the foregoing articles shall go into effect from the date hereof, except article two, which shall go into effect on the date indicated in it. Done in quintuplicate, (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, corresponding 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.] Townsend Harris. 1858.“ Treaty of Commerce and Navigation. Concluded July 29, 1858; ratvfication advised hy the Senate Deeem- her 15, 1858; ratified hy the President April 12, 1860; ratifications exchanged May 22, 1860; proclaimed May 23, 1860. Abticles. I. Amity; diplomatic and consular officers. II. Mediation and assistance by the United States. III. Ports opened ; trade regulations. IV. Duties ; naval supplies ; opium. V. Coins authorized. VI. Consular courts, etc. VII. Limits of open ports. VIII. Religious freedom. IX. Deserters and fugitives from Jus- tice. X. Purchases of ships, etc., by Ja- pan. XI. Trade regulations. XII. Revocation of former treaties. XIII. Duration. XIV. Effect; ratification. The President of the United States of America and His Majesty the Ty-coon of Japan, desiring to establish on firm and lasting foun- ® This treaty was susperseded on July 17, 1899, by the treaty of November 22, 1894. JAPAN — 1858. 1001 dations 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 regu- lating 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 Townsend Harris, Consul General of the United States of America for the Empire of Japan, and His Majesty the Ty-coon of Japan, their Ex- cellencies Inoooye, Prince of Sinano, the Iwasay, Prince of Hego : IMio, 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 be- tween the United States of America and His Majesty the Ty-coon of Japan and his successors. The President of the United States may appoint a Diplomatic Agent to reside at the city of Yedo, and Consuls or Consular Agents to reside at any 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 discharge of their official duties. The Government of Japan may appoint a Diplomatic Agent to reside at Washington, and Consuls or Consular Agents for any or all 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 IL The President of the United States, at the request of the Japanese Government, will act as a friendly mediator in such matters of differ- ence as may arise between the Government of Japan and any Euro- pean power. The ships of war of the United States shall render friendly aid and assistance to such Japanese 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 Japanese vessels shall also give them such friendly aid as may be permitted 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 and towns shall be opened on the dates respectively appended 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, 18(59) fourth day of July, one thousand eight hundred and fifty-nine; Nee-e-gata, on the (1st of January, 1860) 1002 TREATIES, CONVENTIONS, ETC. 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 Nee-e-gata is found to be unsuitable as a harbour, another port on the west coast of Nipon shall be selected by the two Governments 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 warehouses; and to see that this article is observed, the Japanese authorities shall have the right to inspect, from time to time, any buildings which are being erected, altered, or repaired. The place which the Americans shall occupy for their buildings, and the harbour regu- lations, 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 settled 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 prevent a free egress and ingress to the same. From the (1st of January, 1862) first day of January, one thou- sand eight hundred and sixty-two, Americans shall be allowed to re- side in the city of Yedo; and from the (1st of January, 1863,) first day of January, one thousand eight hundred and sixty-three, in the city of Osaca, for the purposes of trade only. In each of these two cities a suitable place within which they may hire houses, and the dis- tance they may go, shall be arranged by the American Diplomatic Agent and the Government of Japan. Americans may fi’eely buy from Japanese and sell to them any articles that either may have for sale, without the intervention of any Japanese officers in such purchase or sale, or in making or receiving payment for the same; and all classes of Japanese may purchase, sell, keep, or use any articles sold to them by the 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 Americans resident in Japan, and ships, for their crews and passen- gers, shall be furnished with sufficient supplies of the same. The Japanese Government will sell, from time to time at public auction, any surplus quantity of copper that may be produced. Americans residing in Japan shall have the right to employ Japanese as servants or in any other capacity. Article IV. Duties shall be paid to the Government of Japan on all goods landed in the country, and on all articles of Japanese production that are exported as cargo, according to the tariff hereunto appended. JAPAN- — 1858. 1003 If the Japanese custom-house officers are dissatisfied with the value placed on any goods by the owner, they may place a value thereon, and offer to take the gods 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 -vVith- out delay, and without any abatement or discount. Supplies for the use of the United States navy may be landed at Kanagawa, Hakodade, and Nagasaki, and stored in warehouses, in the custody of an officer of the American Government, without the payment of any duty. But, if any such supplies are sold in Japan, the purchaser shall pay the proper duty to the Japanese authorities. 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 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 imported in Japanese vessels, or the vessels of any other nation. Article V.“ All foreign coin shall be current in Japan and pass for its corre- sponding weight of Japanese coin of the same description. Ameri- cans and Japanese may freely use foreign or Japanese coin, in mak- ing 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 Avith Japanese coin, in exchange for theirs, equal weights being given and no discount taken for recoinage. Coins of all de- scription (with the exception of Japanese copper coin) may be ex- ported from Japan, and foreign gold and silver uncoined. Article VI. Americans committing offences against Japanese shall be tried in American consular courts, and when guilty shall be punished accord- ing to American law. Japanese committing offences against Ameri- cans shall be tried by the Japanese authorities and punished accord- ing to Japanese law. The consular courts shall be open to Japanese creditors, to enable them to recover their just claims against Ameri- can citizens, and the Japanese courts shall in like manner be open to American citizens for the recovery of their just claims against Jap- anese. All claims for forfeitures or penalties for violations of this treaty, or of the articles regulating trade which are appended hereunto, shall be sued for in the consular courts, and all recoveries shall be de- livered to the Japanese authorities. “This article is .Tinendert by Article VI of the convention of June 2.5. ISliG. 1004 TREATIES, CONVENTIONS, ETC. Neither the American or Japanese Governments are to be held re- sponsible for the payment of any debts contracted by their respective citizens or subjects, . Article VIL In the opened harbours of Japan, Americans shall be free to go where they please within the following limits : At Kanagawa, the Kiver Logo (which empties into the Baj^ of Yedo, between Kawasaki and Sinagawa) , and (10) ten ri in any other direction. 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 vessels resorting to Hiogo shall not cross the River Enagawa. which empties into the bay between Hiogo and Osaca, The distances shall be measured inland from the Goyoso, or town hall, of each of the foregoing harbours, the ri being equal to (4,275) four thousand two hundred and seventy-five yards, American measure. At Nagasaki, Americans may go into any part of the imperial domain in its vicinity. The boundaries of Nee-e-gata, or the place that may be substituted for it, shall be settled by the American Dip- lomatic Agent and the Government of Japan. Americans who have been convicted of felony, or twice convicted of misdemeanours, shall not go more than (1) one Japanese ri inland from the places of their respective residences; and all persons so convicted shall lose their right of permanent residence in Japan, and the Japanese authorities may require them to leave the country. A reasonable time shall be allowed to all such persons to settle their affairs, and the American consular authority shall, after an ex- amination into the circumstances of each case, determine the time to be allowed, but such time shall not in any case exceed one year, to be calculated from the time the person shall be free to attend to his affairs. Article VIII. Americans in J apan shall be allowed the free exercise of their reli- gion, and for this purpose shall have the right to erect suitable places of worship. No injury shall be done to such buildings, nor any insult be offered to the religious worship of the Americans. American citi- zens 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 calculated to excite religious animosity. The Government of Japan has already abolished the practice of trampling on religious emblems. Article IX. Wlien requested by the American Consul, the Japanese authorities will cause the arrest of all deserters and fugitives from justice, re- ceive in jail all persons held as prisoners by the Consul, and give to tlie Consul such assistance as may be required to enable him to en- force the observance of the laws by the Americans who are on land. JAPAN — 1858. 1005 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. Abticle X. The Japanese Government may purchase or construct, in the United States, ships of war, steamers, merchant-ships, whale-ships, cannon, munitions of war, and arms of all kinds, and any other things it may require. It shall have the right to engage, in the United States, scientific, naval, and military men, artisans of all kinds, and mariners to enter into its service. All purchases made for the Government of Japan may be exported from the United States, and all persons 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 mili- tary capacity, while Japan shall be at war with any power in amity with the United States. Article XI. The articles for the regulation of trade, which are appended to this treaty, shall be considered as forming a part of the same, and shall be equally binding on both the contracting parties to this treaty, and on their citizens and subjects. Article XII. Such of the provisions of the treaty made by Commodore Perry, and signed at Kanagawa, on the 31st of March, 1854, as conflict with the provisions of this treaty are hereby revoked ; and as all the pro- visions 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 appointed 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 XIII. After the (4th of July, 1872) fourth day of July, one thousand eight hundred and seventy-two, upon the desire of either the Ameri- can or Japanese Governments, and on one year’s notice given by either party, this treaty, and such portions of the treaty of Kana- gawa as remain unrevoked by this treaty, together with the regula- tions of trade hereunto annexed, or those that may be hereafter in- troduced, 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 desirable. 1006 TREATIES, CONVENTIONS, ETC. 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 exchanged 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 verified by the signature of the President of the United States, countersigned 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 sig- natures of such of his high officers as he may direct. This treaty is executed in quadruplicate, each copy being written in the English, Japanese, and Dutch languages, all the versions hav- ing the same meaning and intention, but the Dutch version shall be considered as being the original. In witness whereof, the above-named Plenipotentiaries have here- unto set their hands and seals, at the city of Yedo, 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 iVIma. [seal.] Townsend Harris. Regulations under which American Trade is to be Conducted IN Japan.® REGULATION FIRST. Within (48) forty-eight hours (Sundays excepted) after the ar- rival of an American ship in a Japanese port, the captain or com- mander shall exhibit to the Japanese custom-house authorities 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 cap- tain 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 the}' 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 “Amended by the convention of June 25, 1866. JAPAN- — 1858. 1007 same. If any error is discovered in the manifest, it may be corrected within (24) twenty-four hours (Sundays excepted) without the pay- ment of any fee; but for any alteration or post entry to the mani- fest made after that time a fee of (15) fifteen dollars shall be paid. All goods not entered on the manifest shall pay double duties on being landed. Any captain or commander that shall neglect to enter his vessel at the Japanese custom-house within the time prescribed by this regulation shall pay a penalty of (60) sixty dollars for each day that he shall so neglect to enter his ship. REGULATION SECOND. The Japanese Government shall have the right to place custom- house officers on board of any ship in their ports, (men-of-war ex- cepted.) All custom-house officers shall be treated with civility, and such reasonable accommodation shall be allotted to them as the ship affords. No goods shall be unladen from any ship between the hours of sunset 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 affix- ing 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 offend- ing 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 J apanese custom-house, as hereinafter provided, shall be liable to seizure and confiscation. Packages of goods made up with an attempt to defraud the reve- nue of Japan, by concealing therein articles of value which are not set forth in the invoice, shall be forfeited. American ships that shall smuggle, or attempt to smuggle, goods in any of the non-opened harbours of Japan, all such goods shall be forfeited 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. Cax’go 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 satisfactory proof has been given to the custom-house authorities of the bona fide nature of the transaction, and also under a permit to be granted for that purpose by such authorities. The importation of opium being prohibited, if any person or persons shall smuggle, or attempt to smuggle, any opium, he or they shall pay a fine of (15) fifteen dollars for each catty of opium so smuggled or attempted to be smuggled; and if more than one person shall be engaged in the offence, they shall collectively be held responsible for the payment of the foregoing penalty. 1008 TREATIES, CONVENTIONS, ETC. REGULATION THIRD. The owner or consimee of any goods, who desires to land them, shall make an entry of the same at the Japanese custom-house. The entry shall be in writing, and shall set forth the name of the person making the entry, and the name of the ship in which the goods were imported, and the marks, numbers, packages, and the contents 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 exhibits the actual cost of the goods, and that nothing has been con- cealed 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 presented to the custom-house authorities, and shall remain in their possession until they have examined the goods contained in the entr3^ 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 practicable,) and such examination shall be made without any unrea- sonable delay. If any owner or importer discovers that his goods have been dam- aged on the voyage of importation, before such goods have been deliv- ered to him, he may notify the custom-house authorities of such damage; and he may have the damaged goods appraised by two or more competent and disinterested persons, who, after due examina- tion, shall make a certificate setting forth the amount per cent, of damage on each separate package, describing it by its mark and number, which certificates shall be signed by the appraisers, in pres- ence 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 apprais- ing the goods in the manner provided in article fourth of the treaty, to which these regulations are appended. After the duties have been paid, the owner shall receive a permit authorizing the delivery to him of the goods, whether the same are at the custom-house or on ship-board. All goods intended to be ex- ported shall be entered at the J apanese custom-house before they are placed on ship-board. The entry shall be in writing, and shall state the name of the ship by which the goods are to be exported, with the marks and numbers of the packages, and the quantity, description, and value of their contents. The exporter shall certify, in writing, that the entry is a true account of all the goods contained therein, and shall sign his name thereto. Any goods that are put on board of a ship for exportation before they have been entered at the custom- house, and all packages which contain prohibited articles, shall be forfeited to the Japanese 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 passengers. JAPAN — ^1858. 1009 REGULATION FOURTH. Ships wishing to clear shall give (24) twenty-four hours’ notice at the custom-house, and at the end of that time they shall be entitled to their clearance; but, if it be refused, the custom-house authorities shall immediately inform the captain or consignee of the ship of the i-easons 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 custom-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 required 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. "WTiale-ships touching for supplies, or ships in distress, shall not be required to make a manifest or their cargo; but if they subsequently wish to trade, they shall then deposit a manifest, as required in regu- lation 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. REGULATION FIFTH. Any person signing a false declaration or certificate, with the intent to defraud the revenue of Japan, shall pay a fine of (125) one hun- dred and twenty-five dollars for each offence. REGULATION SIXTH.® No tonnage duties shall be levied on American ships in the ports of Japan, but the following fees shall be paid to the Ja]3anese custom- house authorities: For the entry of a ship, (15) fifteen dollars; for the clearance of a ship, (7) seven dollars; for each permit, (1^) one dollar and a half; for each bill of health, (1^) one dollar and a half; for any other document, (1^) one dollar and a half. REGULATION SEVENTH. Duties shall be paid to the Japanese Government on all goods landed in the country, according to the following tariff: Class one. — All articles in this class shall be free of duty. Gold and silver, coined or uncoined. Wearing apparel in actual use. Household furniture and printed books not intended for sale, but the property of persons who come to reside in Japan. Class two. — A duty of (5) five per cent, shall be paid on the follow- ing articles: All articles used for the purpose of building, rigging, repairing, or fitting out of ships; whaling gear of all kinds; salted provisions of all kinds; bread and breadstuffs; living animals of all kinds; coals; timber for building houses ; rice ; paddy ; steam machinery ; zinc ; lead ; tin ; raw silk. ® This regulation is amended by Article III of the convention of June 25, 1866. 24449— VOL 1—10 64 1010 TEEATIES, CONVENTIONS, ETC. Class three. — A duty of (35) thirty-five per cent, shall be paid on all intoxicating liquors, whether prepared by distillation, fermenta- tion, or in any other manner. Class four. — All goods not included in any of the preceding classes shall pay a duty of (20) twenty per cent. All articles of Japanese production which are exported as cargo shall pay a duty of (5) five per cent., with the exception of gold and 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 Harris. 1864.“ C!onvention for the Reduction of Import Duties. Concluded January ^5, 1864; ratification advised hy the Senate Febru- ary 21, 1866 ; ratified by the President April 9, 1866 ; proclaimed April 9, 1866. Articles. I. Articles duty free. I III. Duty to be paid. II. Articles reduced duty. I IV. Duration ; ratification. For the purpose of encouraging and facilitating the commerce of the citizens of the United States in Japan, and after due deliber- ation, His Excellency Robert H. Pruyn, Minister Resident of the United States in Japan, and His Excellency Sibata Sadataro, Gov- ernor for Foreign Affairs, both having full powers from their re- sjDective 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 : Sheet lead, soder, matting, rattan, oil for painting, indigo, gipsum, firing pans, and baskets. Article II. The following articles shall be admitted at the reduced duty of five per cent. : Machines and machinery; drugs and medicines. Note. — The pro- hibition of the importation of opium, according to the existing treaty, remains in full force. Iron, in pigs or bars; sheet iron and iron wire; tin plates, white sugar, in loaves or crushed; glass and glass- ware; clocks, watches, and watch chains; wines, malted and spiritu- ous liquors. Article III. The citizens of the United States, importing or exporting goods, shall always pay the duty fixed thereon, whether such goods are in- tended for their own use or not. “This convention was superseded by the convention of June 25. 1866, which latter convention was superseded by the convention of November 22, 1894. JAPAN — 1864. 1011 Article IV. This convention having been agreed upon a year ago, and its signa- ture delayed through unavoidable circumstances, it is hereby agreed that the same shall go into effect; at Kanagawa, on the 8th of Feb- ruary next, corresponding to the first day of the first month of the fourth Japanese 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 co^iy being written in the English, Japanese, and Dutch languages; all the versions having the same meaning, but the Dutch version shall be considered as the original. In witness whereof the above-named Plenipotentiaries have here- unto set their hands and seals, at the city of Yedo, the 28th day of January, of the year of our Lord one thousand eight hundred and sixty-four, and of the Independence of the United States the eighty- eighth, corresponding to the twentieth day of the twelfth month of the third year of Bunkin Ye of the Japanese era. [seal.] Robert H. Pruyn. 1864. Convention for the Payment of the Simonoseki Indemnities. Concluded October 22^ 1861^.; ratification advised toy the Senate Feb- ruary 21, 1866; ratified by the President April 9, 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 assuming such formidable proportions as to make it difficult for the Tycoon faith- fully to observe the treaties, having been obliged to send their com- bined 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 council, invested with plenipoten- tiary powers by the Tycoon of Japan, animated with the desire to put an end to all reclamations concerning the acts of aggression and hostility committed by the said Mori Daizen since the first of these acts, in June, 1863, against the flags of divers treaty Powers, and at the same time to regulate definitively the question of indemnities of war, of whatever kind, in respect to the allied expedition to Simono- seki, 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 tile operations of the allied squadrons. 1012 TREATIES, CONVENTIONS, ETC. 2. The whole sum to be payable quarterly, in instahnenls of one- sixth, or half a million dollars, to begin from the date when the rep- resentatives of said Powers shall make known to the Tycoon’s Gov- ernment the ratification of this convention and the instructions 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 advantageous footing is still the leading object in view, therefore, if His Majesty the Tycoon wishes to offer, in lieu of payment of the sum claimed, and as a material compensation for loss and injury sus- tained, the opening 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 conditions above stipulated. 4. This convention to be formally ratified by the Tycoon’s Govern- ment within fifteen days from the date thereof. In token of which the respective Plenipotentiaries have signed and sealed this convention, 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. Egbert H. Peuyn, Minister Resident of the United States in Japan. Kutherfoed Aecock, H. B. 31. ^s Envoy Extraordinary and Minister Plenipotentiary in Japan. Leon Eoches, 3Iinistre Plenip'^re de S. 31. UEmpereur des Frangais au Japon. D. De Graeff Van Polsbroek, H. N. d/.’s Consul General and Political Agent in Japan. (Signature of Sakai Hida no Kami.) 1866.“ Convention Establishing Tariff of Duties between Japan and THE United States, Great Britain, France, and the Nether- lands. Concluded June 25., 1866; ratification advised hy the Senate June 17, 1868. Articles. I. Effect. II. Revision. III. Permits. IV. Warehousing. V. Transit charges. VI. Coins. VII. Protection of trade. VIII. Japanese vessels ; tonnage. IX. Freedom of trade. X. Importations; travel; employ- ment of Japanese. XI. Aids to navigation. XII. Effect ; ratification. Tariff and rules. The Eepresentatives of the United States of America, Great Britain, France, and Holland, having received from their respective ® This treaty was not proclaimed and was superseded July 17, 1899, by the treaty of November 22, 1894. JAPAN — 1866. 1013 Governments identical instructions for the modification of the Tariff of Import and Export Duties, contained in the Trade Eegulations, annexed to the Treaties concluded by the aforesaid Powers with the Japanese Government in 1868, which modification is provided for by the VIP** of those Regulations : — And the Japanese Government having given the said Representa- tives, during their visit to Osaka, in November 1865, a written engagement to proceed immediately to the Revision of the Tariff in question on the general 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 rela- tions 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 Rep- resentatives of the above-named four Powers ; that is to say ; Of the United States of Aunerica : — A. L. C. Portman, Esq., Charge 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 Extraordinary and Minister Plenipotentiary in Japan; Of France: — Monsieur Leon Roches, Commander of the Imperial Order of the Legion 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 of the Netherlands Lion, Political Agent and Consul General of his Majesty the King of the Netherlands: — The following Convention comprising Twelve Articles. Article I ' The contracting parties declare in the names of their respective Governments that they accept, and they hereby do formally accept as binding on the citizens of their respective countries, 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 but also for the special Conventions and arrangements relative 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 (Yokohama) on the first day of July next, and in the ports of Nagasaki and Hakodate on the first day of the following month. Article II The Tariff, attached to this convention, being incorporated from the date of its signature in the Treaties concluded between Japan and the above named four powers; is subject to revision 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 the others, may claim a re-adjustment of the duties on Tea 1014 TREATIES, CONVENTIONS, ETC. and Silk on the basis of 5 per cent on the average value of those articles during the three years last preceding. On the demand also of any of the contracting parties, the duty on timber may be changed from an ad valorem to a specific rate six months after the signature of this convention. Article III The Permit fee, hitherto levied under the Regulation attached to the above named Treaties, is hereby abolished. Permits for the landing or shipment of cargo will be required as formerly, but will hereafter be issued free of charge. Article IV On and from the first day of July next at the port of Kanagawa (Yokohama) and on and from the day of October next at the ports of Nagasaki and Hakodate, the Japanese Government will be pre- pared to warehouse imported goods, on the application of the importer or owner without payment of duty. The J apanese Govern- ment will be responsible for the safe custody of the goods so long as they remain in their charge, and will adopt all the precautions neces- sary to render them insurable against fire. When the importer or the owner wishes to remove the goods from the warehouse, he must pay the duties fixed by the Tariff, but if he should wish to re-export them, he may do so without payment of duty. Storage charges will in either case be paid on delivery of the goods. The amount of these charges together with the regulations necessary for the management of the said warehouses, will be established by the common consent of the contracting parties. Article V All articles of Japanese production may be conveyed from any place in Japan to any of the Ports open to foreign trade, free of any tax or transit duty other than the usual tolls levied equally on all traffic, for the maintenance of roads or navigation. Article VI In conformity with those articles of the treaties concluded between Japan and Foreign Powers, which stipulated for the circulation of forei^ coin at its corresponding weight in native coin of the same description, dollars have hitherto been received at the Japanese Cus- tom 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 this practice and to abstain from all inter- ference in the exchange of native 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 alreadj^ determined to enlarge the Japanese Mint so as to admit of the Japanese Govern- ment 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 or silver that may at any time be tendered to them by foreigners or Japanese. It being essential how- JAPAN — 1866. 1015 ever 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 propose to those Powers the adop- tion of the necessary modification 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. Article VII In order to put a stop to certain abuses and inconveniences com- plained of at the open Ports, relative to the transaction of business at the Custom-house, the landing and shipping of cargoes, and the hiring of boats, coolies, servants &c the Cont^racting 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 establish- ment, by mutual consent, of such regulations as shall effectually put an end to those abuses and inconveniences and afford all possible facility and security both to the operations of trade and to the trans- actions of individuals. It is hereby stipulated that, in order to protect merchandize from exposure to weather, these regulations shall include the covering in at each port of one or more of the landing places used by foreigners for landing or shipping cargo. Article VIII Any Japanese subject shall be free to purchase, either in the open ports of Japan or abroad, every description of sailing or steam vessel intended to carry either passengers or cargo ; but ships of war may only be obtained under the authorization of the Japanese government. All foreign vessels purchased by Japanese subjects shall be regis- tered as Japanese vessels, on payment of a fixed duty of three Boos per ton for steamers, and one Boo per ton for sailing vessels. The tonnage of each vessel shall be proved by the Foreign Register of the ship, which shall be exhibited through the Consul of the party interested, on the demand of the Japanese Authorities, and shall be certified by the Consul as authentic. Article IX In conformity with the Treaties concluded between Japan and the aforesaid Powers and with the special arrangements made by the Envoys of the Japanese Government, in their note to the British Government of the of June 1862, and in their note to the French Government, of the sixth of October of the same year, all the restric- tions on trade and intercourse between foreigners and Japanese alluded to in the said notes, have been entirely removed, and procla- mations to this effect have already been published by the Govern- ment of Japan. The latter, however, do not hesitate to declare that Japanese merchants and traders of all classes are at liberty to trade directly, and without the interference of Government officers, with foreign merchants 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 convention, 1016 TREATIES, CONVENTIONS, ETC. without being subject to higher taxation by the Japanese Govern- ment than that levied on the native trading classes of Japan in their ordinary transactions with each other. And they further declare that all Daimios, or persons in the em- ploy of Daimios are free to visit, on the same condition, any foreign country as well as all the open Ports of Japan, and to trade there with foreigners as they please wdhout the interference of any Japanese officer, provided always they submit to the existing Police regulations and to the payment of the established duties. Article X All Japanese subjects may ship goods to or from any open Port in Japan, or to and from the Ports of any Foreign Power, either in vessels owned by Japanese, or in the vessels of any nation having a Treaty with Japan. Furthermore, on being provided with passports through the proper Department of the Government, in the manner specified in the Proclamation of the Japanese Government, dated the twenty third day of May 1866, all Japanese subjects may travel to any foreign country for purposes of study or trade. They may also accept employment in any capacity on board the vessels of any nation having a Treaty with Japan. Japanese in the employ of Foreigners may obtain Government passports to go abroad on appli- cation to the Government of any open port. Article XI The Government of Japan will provide all the Ports open to Foreign trade with such lights, buoys and beacons as may be necessary to render secure the navigation of the approaches to the said Ports. Article XII The undersigned being of opinion that it is unnecessary that this Convention should be submitted to their respective Governments for ratification before it comes into operation, it will take effect on and from the first day of July, one thousand eight hundred and sixty six. Each of the Contracting Parties having obtained the approval of his Government to this Convention shall make known the same to the others, and the communication in writing of this approval shall take the place of a formal exchange of Ratifications. In witness whereof the above named Plenipotentiaries have signed the present Convention and have affixed thereto their seals. Done at Yedo in the English, French, Dutch and Japanese lan- guages this twenty fifth day. of June, one thousand eight hundred and sixty six. [seal.] a. L. C. Portman, Charge d’’ Affaires a. i. of the United States in Japan. [seal.] Harry S. Parkes, H. B. ISPs Envoy ExtroMr dinary Minister Plenipotentiary in Japan. [seal.] Leon Roches, Ministre Plenip^^ de S. M. VEmpereur des Frangais au Japan. [seal.] D. De Graeff Van Polsbroek, H N il/’s Political Agent & Consul General v Japan. Midzuno Idzumi No Kami. [seal.] JAPAN — ^1866, 1017 Import tariff.'^ Class 1. — SPECIFIC DUTIES. Duty. No. Article. Per. Boos. Cents. 1 100 catt 0 15 2 0 45 3 Gross 0 22 4 100 catt 2 25 5 10 yards 0 25 6 Catty 0 25 7 100 catt 1 00 8 (( 21 00 9 a 1 25 10 it 1 25 COTTON MANUFACTUBES. 11 Shirtings, Grey, White and Twilled; White Spotted or Figured, Drills and Jeans; White Brocades; T-Cloths; Cambrics; Muslins; Lawns; Dimities; Quiitings; Cottonets; alt the above goods Dyed; Printed Cottons, Chintzes, and Furnitures; 10 yards 0 07§ 08i 10 B. “ “ 40 “ “ 0 C. “ “ 46 “ “ it 0 n 0 Hi 17i 25 12 it 0 n 0 13 Fustians, as Cotton Velvets, Velveteens, Satins, Satinets, and Cotton it 0 20 14 n 0 06 it 0 09 15 0 05 16 Singlets and Drawers 0 30 17 Table-Cloths 0 06 18 7 50 19 Cotton Yam, plain or dyed 5 00 20 Cutch 0 75 21 Feathers (Kingfisher, Peacock, &c) 100 catt 1 50 22 Flints 0 12 23 Gambier ti 0 45 24 Gamboge Bx of 100 sq.ft. 100 catt 3 75 25 Glass, Window 0 35 26 Glue. 0 60 27 Gum Benjamin and Oil of Do if 2 40 28 ** Dragons Blood, Myrrh, Olibanum a 1 80 29 Gypsum.” ...! ’ it 0 08 30 Hides, — Buffalo and Cow a 1 20 31 Homs, — Buffalo and Deer if 1 05 32 “ Tlhinoceros a 3 50 33 Hoofs it 0 30 34 Indigo, liquid it 0 75 35 drV it 3 75 36 Ivory, — Elephants’ Teeth, all qualities it 15 00 37 Paints, — as "Red, White^ and Yellow lead, (Minium, Ceruse, and Massicot,) and paint-oils 1 50 38 Leather...! ? 2 00 39 Linen of all qualities 0 20 40 Mangrove bark 0 15 41 Matting, floor Roll of 40 yds.. 0 75 METALS. 42 Copper and Brass in Slabs, Sheets, Rods, Nails 3 50 43 Yelfow metal, — Muntz Metal, Sheathing and Nails 2 50 44 Iron, manufactured, as in Rods, Bars, Nails, &c...; if 0 30 45 Ironj manufactured^ as in Pigs. 1 it 0 15 46 “ ** as in Kentledge a 0 06 47 ** ** as in Wire. .,1 it 0 80 48 Lead, pigs it 0 80 49 “ sheet if 1 00 SO Spelter and Zinc if 0 60 51 it 0 60 52 Tin it 3 00 53 Tin plates 0 70 54 Oil Cloth for flooring catt. 10 yards 0 30 55 “ or Leather Cloth for Furniture 0 15 56 Pepper, Black and White 100 catt 1 00 57 Pu’tchuk it 2 25 .58 Quicksilver tt 6 00 « By the protocol November 22, 1894 (p. 359), it was agreed that the general statutory tariff of Japan should be made applicable to importations of goods and merchandise of the United States, one month after the ratifications of the treaty of the same date were exchanged, March 21, 1895. 1018 TREATIES, CONVENTIONS, ETC. Import tariff — Continued. Class 1. — SPECIFIC DUTIES — Continued. No. 76 83 Article. Duty. Per. Boos. METALS— continued. Quinine 1 Rattans 0 Rhubarb H 1 Salt fish tt 0 Sandal Wood (( 1 Sapan Wood (( 0 Sea horse Teeth (1 7 Narwhal or “Unicorn” Teeth 1 Sharks’ Skins 7 Snuff 0 Soap, Bar 0 Stick Lao 1 Sugar — Brown and Black (t 0 “ White. tt 0 “ Candy and Loaf u 1 Tobacco 1 It 1 Vermillion it 9 WOOLEN MANUFACTURES. Broad, Habit, Medium, and narrow cloth: A. not exceeaing 34 in 0 B. “ “ ” 55 inches 1 C. exceeding 55 “ tt 1 Spanish Stripes tt 0 Cassimeres, Flannel, Long-Ells and Serges tt 0 Bunting T. tt 0 Camlets, Dutch tt 0 English it 0 Lastings, Cr'ape-Lastings, and Worsted Crapes, Merinos, and all other Woolen Goods not classed under No. 76: A. not exceeding 34 inches tt 0 B. exceeding 34” “ tt 0 Woolen andUotton Mixtures, as Imitation Camlets; Imitation Last- Ings; Orleans, (plain and figured,) Lustres, (plain and figured,) Alpacas; Baratheas, Damasks; Italian Cloth; Taflachelass; Rus- sell Cords; Cassandras; Woolen Fancies; Camlet Cords, and all other Cotton and Woolen Mixtures: A. not exceeding 34 inches t1 0 B. exceeding 34 “ tt 0 Blankets and Horse Cloths 0 Traveling Rugs; Plaids and Shawls Each 0 Figured Woolen Table Cloths “ 0 Woolen Singlets and Drawers Dozen 1 Woolen & Cotton Singlets & Drawers “ 0 Woolen Yam, plain and dyed 100 catties 10 Class II. — Duty free goods. All animals used for food or draught Anchors and chain cables Coal 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 Oil Cake. Packing matting Printed Books Salt Salted Meats in Casks Saltpetre Solder Tar and Pitch Tea Firing pans and baskets Tea Lead Traveling Baggage Q ® Q cn Cp kU CO Jfc CO rf* 4». -4 to O 05 Q 00 O — J O? CO Cp O O? tC *0 Q OOOCPOOCnO CnO CpCpCPCJsCpCpOO OOOCPOO«OOOOOOCnCPOCPO JAPAN — 1866. 1019 Class III. — Prohibited Goods. Opium, Class IV. — Goods subject to an ad valorem duty of five per cent on original VALUE. Arms and munitions of war. Articles de Paris Boots and Shoes. Clocks, Watches and Musical Boxes Coral. Cutlery. Drugs and Medicines such as Ginseng, &c. Dyes. Porcelain and Earthenware. Furniture 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 Vel- vets, Damasks, Brocades, &c ' Paintings and Engravings Perfumery, Scented Soap. Plated ware Skins and Furs. Telescopes and Scientific instruments Timber Wines, Malt and Spirituous Liquors. Table stores of all kinds. And all other unenumerated Goods. Note. — According to the VIII**' Article of the Convention of Yedo, a duty will be charged on the sale of Foreign Vessels to Japanese of three Boos per ton for Steamers, and one Boo per ton for Sailing Vessels. Export tariff. Class I.— SPECIFIC DUTIES. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Duty. Article. Per— Boos, 100 catt 3 0 i( 1 (( 0 (( 0 “ buds (( 2 it 0 (( 2 Coir (( 0 u 0 do cuttle it 1 Gall nuts ti 0 ii 0 Hemp a 2 it 1 ti 0 ({ 3 n 0 a 2 ii 0 it 5 Oil, Fish...' ft 0 do Seed it 1 tt 3 ii 1 Peas, Beans, and Pulse of all kinds ti 0 Peony Bark (Botanpi) “ 3 Cents. 00 08 80 75 30 25 04 25 45 75 05 90 45 00 05 90 00 60 25 90 00 30 05 00 00 30 75 1020 TREATIES, CONVENTIONS, ETC, Export tariff — Continued. Class I.— SPECIFIC DUTIES — Continued. No. Article. Duty. Per— Boos. Cents. 28 Potatoes lOO catt 0 15 29 Raes <( 0 12 30 Sake or Japanese Wines or Spirits n 0 90 31 Seaweed, Uncut .* .. ti 0 30 32 “ Cut n 0 60 33 Seeds, Rape (( 0 45 34 Do. Sesamum (< 0 90 35 Shark’s fins (( 1 80 36 Shrimps and Prawns, Dried Salt ti 1 80 37 SILK. Raw and thrown 75 00 38 (( 20 00 39 Noshi or Skin ti 7 so 40 it 20 00 41 Cocoons, Pierced a 7 00 42 ti 12 00 43 Waste silk and Waste Cocoons a 2 25 44 Sheet. 0 07i 45 Soy rr. 100 catt 0 45 46 0 30 47 ii 3 50 48 quality known as *‘Bancha” (when exported from Nagasaki tt 0 75 49 50 ft 0 75 t( 1 50 51 ft 0 45 52 ti 1 50 53 “ ’ bees’ 2 50 Class II. — Duty-free goods. Gold and Silver, coined. Gold, Silver, and Copper, uncoined, of Japanese production, to be sold only by the Japanese Government at public auction. Class III. — Prohibited goods. Rice; Paddy; Whpat and Barley. Flour made from the above Saltpetre. Class IY.— Goods subject to an ad valorem duty of five per cent to be CALCULATED ON THEIR MARKET VALUE. Bamboo Ware. Copper Utensils of all kinds. Charcoal. Ginsing and unenumerated Drugs. Horns, deer, young or soft. Mats and Matting. Silk dresses, manufactures or embroideries. Timber. And all other unenumerated goods. RULES. Rule I. Unenumerated Imports, if mentioned in the Export list shall not pay duty under that list, but shall be passed ad valorem, and the same shall apply to any unenumerated Exports that may be named in the Import list. JAPAN — 1866-1878. 1021 Rule II. Foreigners resident in Japan and the crews or passengers of foreign ships shall be allowed to purchase such supplies of the grain or flour named in the list of exports as they may require for their own consumption; but the usual shipping permit must be obtained from the Custom House before any of the aforesaid grain or flour can be shipped to a foreign vessel. Rule III The Catty mentioned in this Tariff is equal to one pound and a third English avoirdupois weight. The Yard is the English measure of three feet, — the Eng- lish foot being one-eighth of an inch larger than the Japanese Kan Ishaku. The Boo is a silver coin weighing not less than 134 grains Troy weight and containing not less than nine parts of pure silver and not more than one part of alloy. The Cent is the one hundredth part of the Boo. [SEAL.] A. L. C. PORTMAN, Charge d' Affaires a. i. of the United States m Japan. [SEAL.] Harry S. Parkes, E. B. M.'s Envoy Extraordinary d Minister Plenipotentiary in Japan. [seal.] Leon Roches, Ministre pl4nipotentiaire de 8. M. L'Empereur des Francais ait Japon. [seal.] D. De Graeff Van Polsbroek, H. F. M's Political Agent d Consul General in Japan. [seal.] Midzuno Idzumi No Kami. 1878.“ Commercial Convention. Concluded July 25, 1878; ratification advised hy the Senate DecerrCber 18, 1878; ratified hy the President January 20, 1879; ratifications exchanged Ayril 8, 1879; proclaimed Apr'd 8, 1879. Articles. I. Previous treaties annulled. II. Discrimination of duties. III. Export duties abolished. IV. Consular courts. V. Coasting trade. VI. Cargo; port charges. VII. Open ports. VIII. Coinage. IX. Annulment of former treaties. X. Effect, ratification. The President of the United States of America, and His Majesty the Emperor of Japan, both animated with the desire of maintain- ing the good relations which have so happily subsisted between their respective countries, and wishing to strengthen, if possible, the bond of friendship and to extend and consolidate commercial intercourse between the two countries by means of an additional convention, have for that purpose named as their respective plenipotentiaries; that is to say ; the President of the United States, William Maxwell Evarts, Secretary of State of the United States, and His Majesty the Emperor of Japan, Jushie Yoshida Kiyonari, of the Order of the Rising Sun, and of the Third Class, and His Majesty’s Envoy Ex- traordinary and Minister Plenipotentiary to the United States of “This treaty was superseded July 17, 1899, by the treaty of November 22, 1894, 1022 TREATIES, CONVENTIONS, ETC. America, who, after reciprocal communication of their 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 the Tariff Con- vention, signed at Yedo on the 25th day of June, 1866, or the 13th of the 5th month of the second year of Keio, by the respective repre- sentatives of the United States, Great Britain, France and Holland on the one hand, and Japan on the other, togetlier with the schedules of tariff on imports and exports and the bonded warehouse regula- tions, both of which are attached to the said convention, shall hereby be annulled and become inoperative as between the United States and J apan under the condition expressed in Article X. of this present convention ; and all such provisions of the treaty of 1858, or the fifth year of Ansei, signed at Yedo, as appertain to the regulations of harbors, customs and taxes, as well as the whole of the trade-regula- tions, which are attached to the said treaty of 1858, or the fifth year of Ansei, shall also cease to operate. It is further understood and agreed that from the time when this present convention shall take effect, the United States will recognize the exclusive power and right of the Japanese government to adjust the customs tariff and taxes and to establish regulations appertaining to foreign commerce in the open ports of Japan. Article II. It is, however, further agreed that no other or higher duties shall be imposed on the importation into Japan of all articles of merchan- dise from the United States, than are or may be imposed upon the like articles of any other foreign country; and if the Japanese gov- ernment should prohibit the exportation from, or importation 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 duties on merchandise shipped to Japan, no export duties on mer- chandise 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 sentences which are comprised in the first paragraph of article VI. of the treaty of 1858, or the fifth year of Ansei, shall be in force, all claims by the Japanese government for forfeitures or penalties for violations of such existing treaty, as well as for violations of the customs, bonded-warehouse and harbor regulations, which may, under this convention, from time to time, be established by that government, shall be sued for in the consular courts of the United States, whose duty it shall be to tty each and every case fairly and JAPAN — 1878. 1023 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 Japanese authorities. Abticle V. It is understood and declared by the high contracting parties, that the right of controlling the coasting trade of Japan Mongs 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 con- formity with the customs laws of that country, such portions of their cargoes as may be desired, and that they may depart with the re- mainder, 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, imposts, or charges what- soever, which are or may become chargeable upon the vessels them- selves, 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 Japan, as above stipulated in Article I., the government of Japan will, on the principle of reciprocity, make the following concessions, to wit: That two additional ports (whereof one shall be Shimo-no-seki, and the other shall be hereafter decided upon by the contracting parties jointly), from the date when the present convention may go into effect, shall 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 is con- sidered to have passed away, that article shall, after 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 conventions heretofore concluded between the two countries and not herein expressly abrogated, as conflict with any provisions of the present convention are hereby revoked and annulled; that the pres- ent convention shall be considered to be and form a part of the exist- 1024 TREATIES, CONVENTIONS, ETC. ing treaties between the two countries; that the revision of such portions of the said treaties as are not modified or revoked by the present convention, as also the revision of the present con- vention itself, may be demanded hereafter by either of the high contracting parties ; and that this convention, as well as the previous treaties as modified thereby, shall continue in force until, upon such a revision of the whole, or any part thereof, it shall be otherwise provided. Article X. The present convention shall take effect when Japan shall have concluded such conventions or revisions of existing treaties with all the other treaty powers holding relations with Japan 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 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. [seal.] William Maxwell Evarts. [seal.] Yoshida Kiyonari. 1880. Convention for Reimbursing Shipwreck Expenses." Concluded May 17^ 1880; ratification advised hy the Senate March 23^ 1881; ratified hy the President April 7, 1881; ratifications ex- change June 16, 1881 ; proclaimed October 3, 1881. The United States of America and the Empire of Japan being de- sirous of concluding an agreement providing for the reimbursement of certain specified expenses which may be incurred by either coun- try in consequence of the shipwreck on its coasts of the vessels of the other, have resolved to conclude a special convention for this pur- pose, and have named as their Plenipotentiaries : The President of the the United States of America, John A. Bing- ham, their Envoy Extraordinary and Minister Plenipotentiary to His Imperial Majesty, and His Majesty the Emperor of Japan, Inouye Kaoru Sho-shii, Minister for Foreign Affairs and decorated with the Class of the order of the Rising Sun, who after reciprocal communication of their full powers found in good and due form, have agreed as follows : All expenses incurred by the Government of the United States for the rescue, clothing, maintenance and travelling of needy ship- wrecked Japanese subjects, for the recovery of the bodies of the drowned, 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 United States by that of Japan. See Article XI, Treaty November 22, 1894. JAPAN — 1880-1886. 1025 And a similar course of procedure to the above shall be observed by ' the 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- curred in the recovery or preservation of a wrecked vessel or the property on board. All such expenses shall be a 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 officers, police or local functionaries who shall proceed to the 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 Wash- ington as soon as may be. It shall take effect in the respective coun- tries thirty days after the Exchange of said ratifications. 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 17^** day of May in the year 1880. (17^'^ day of the month of the year Meiji) . John A. Bingham [seal.] Inouye Kaoru [seal.] 1886.“ Extradition Treaty. Concluded Afril 29, 1886 ; ratijication advised hy the Senate with amendments June 21, 1886; ratified hy the President July 13, 1886; ratifications exchanged September 27, 1886; proclaimed November 3, 1886. Articles. I. Delivery of accused. II. Extraditable crimes. III. Persons under arrest. IV. Political offenses. V. Procedure. VI. Temporary detention. VII. Delivery of citizens. VIII. Expenses. IX. Duration; ratification. 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 fugi- tives 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. Hub- bard, their Envoy Extraordinary and Minister Plenipotentiary near “ See extradition convention of 1906, page 1039. 24449— VOL 1—10 65 1026 TREATIES, CONVENTIONS, ETC. His Imperial Majesty, and His Majesty the Emperor of Japan Count Inouye Kaoru, Jinsammi, His Imperial Majesty’s Minister of State for Foreign Affairs, First Class of the Order of the Rising 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 con- cluded the following articles : Article I. The High Contracting Parties engage to deliver up to each other, under the circumstances and conditions stated in the present Treaty, all persons, who being accused or convicted of one of the crimes or offences named below in Article II, and committed within the juris- diction of the one Party, shall be found within the jurisdiction of the other Party. Article II. 1. Murder, and assault with intent to commit murder. 2. Counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money ; counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit of either of the parties, and the utterance 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, committed within the jurisdiction of either party, by public officers or depositaries. 5. Robbery. 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. Rape. 10. Arson. 11. Piracy by the law of nations. 12. Murder, assault with intent to kill, and manslaughter, com- mitted on the high seas, on board a ship bearing the flag of the de- manding 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. Article 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 ex- tradition or to proceed with the trial: Provided that, unless the trial shall be for tlie crime for which the fugitive is claimed, the delay shall not prevent ultimate extradition. JAPAN — 1886. 1027 ArtioiIe IV. If it be made to appear that extradition is sought with a view to try or punish the person demanded for an offense of a political char- acter^ surrender shall not take place ; nor shall any person surrendered be tried or punished for any political offense committed previously to his extradition, or for any offense other than that in respect of which the extradition is granted. Article V. The requisition for extradition shall be made through the diplo- matic agents of the contracting parties, or, in the event of the absence of these from the country or its seat of government, by supe- rior consular officers. 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 the demand and of the depositions on which such warrant may have been issued, must accompany the requisition. The fugitive shall be surrendered only on such evidence of crimi- nality 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 had been there committed. Article VI. On being informed by telegraph or other written communication through the diplomatic channel, that a lawful warrant has been issued by competent authority upon probable cause for the arrest of a fugitive criminal charged with any of the crimes enumerated in Article II of this Treaty, and, on being assured from the same source that a request for the surrender of such criminal is about to be made in accordance with the provisions of this Treaty, each Government will endeavor to procure so far as it lawfully may the provisional 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 convention, but they shall have the power to deliver them up if in their discre- tion it be deemed proper to do so. Article VIII. The expenses of the arrest, detention, examination and transiiorta- tion of the accused shall be paid by the Government which has requested the extradition. 1028 TREATIES, CONVENTIONS, ETC. Article IX. The present Treaty shall come into force sixty days after the ex- change of the ratifications thereof. It may be terminated by either of them, but shall remain in force for six months after notice has been given of its termination. The treaty shall be ratified, and the ratifications shall be exchanged at Washington, as soon as possible. In witness whereof the respective Plenipotentiaries have signed the present Treaty in duplicate and have thereunto affixed their seals. Done at the city of Tokio, the Twenty-ninth day of April, in the eighteen hundred and eighty-sixth “ year of the cliristian era, corre- sponding to the Twenty-ninth day of the Fourth month, of the nine- teenth year of Meiji. [seal.] Richard B. Hubbard. [seal.] Inouye Kaoru. 1894. Treaty of Commerce and Navigation.® Concluded November 22, 1891).; ratification advised by the Senate with amendments February 6, 1895; ratified by the President February 15, 1895; ratifications exchanged March 21, 1895; proclaimed March 21, 1895. Articles. I. Mutual freedom of trade, travel, etc. ; taxes ; exemptions. II. Commerce and navigation. III. Inviolability of dwellings, etc. IV. Import duties. V. Export duties. VI. Transit dues, etc. VII. Equality of shipping. VIII. Tonnage, etc., dues. IX. Port regulations. X. Coasting trade. XI. Vessels in distress, shipwrecks, etc. XII. Nationality of vessels. XIII. Deserters from ships. XIV. Favored nation privileges. XV. Consular officers. XVI. Patents, trade-marks, and de- signs. XVII. Abolition of foreign settlements in Japan. XVIII. Former treaties superseded. XIX. Date of taking effect. XX. Ratification. Protocol. The President of the United States of America and His Majesty the Emperor of Japan, being equally desirous of maintaining the re- lations of good understanding which happily exist between them, by extending and increasing the intercourse between their respective States, and being convinced that this object cannot better be accom- plished than by revising the Treaties hitherto existing between the “ In the protocol of exchange of the ratifications of this treaty, signed by the Plenipotentiaries at Tokio, September 27. 1880, it is declared that “ the eighteen hundred and eighty-sixth year of the Christian era,” is intended to mean the year A. D. 1886. The protocol also declares that notwithstanding the treaty provided that the exchange of the ratifications should take place at Washing- ton, the Two High Contracting Parties, in order to save time, agreed that the exchange shonld take place at Tokio instead. ®The Jai)anese immigrant case (189 U. S., 86). JAPAN — 1894. 1029 two countries, have resolved to complete such a revision, based upon principles of equity and mutual benefit, and, for that purpose, have named as their Plenipotentiaries, that is to say: Tlie President of the United States of America, IValter Q. Gresham, Secretary of State of the United States, and His Majesty the Emperor of Japan, Jushii Shinichiro Kurino, of the Order of the Sacred Treasure, and of the Fourth Class; who, after having communicated to each other their full powers, found to be in good and due form, have agreed upon and concluded the following Articles ; — Article I. The citizens or subjects of each of the two High Contracting Par- ties shall have full liberty to enter, travel, or reside in any part of the territories of the other Contracting Party, and shall enjoy full and perfect protection for their persons and property. They shall have free access to the Courts of Justice in pursuit and defence of their rights; they shall be at liberty equally with native citizens or subjects to choose and employ lawyers, advocates and rep- resentatives to pursue and defend their rights before such Courts, and in all other matters connected with the administration of justice they shall enjoy all the rights and privileges enjoyed by native citi- zens or subjects. In whatever relates to rights of residence and travel ; to the pos- session of goods and effects of any kind ; to the succession to personal estate, by will or otherwise, and the disposal of projDerty of any sort and in any manner whatsoever which they may lawfully acquire, the citizens or subjects of each Contracting Party shall enjoy in the ter- ritories of the other the same privileges, liberties, and rights, and shall be subject to no higher imposts or charges in these respects than native citizens or subjects or citizens or subjects of the most favored nation. The citizens or subjects of each of the Contracting Parties shall enjoy in the territories of the other entire liberty of conscience, and, subject to the laws, ordinances, and regulations, shall enjoy the right of private or public exercise of their worship, and also the right of burying their respective countrymen, according to their re- ligious customs, in such suitable and convenient places as may be established and maintained for that purpose. They shall not be compelled, under any pretext whatsoever, to- pay any charges or taxes other or higher than those that are, or may be paid by native citizens or subjects, or citizens or subjects of the most favored nation. The citizens or subjects of either of the Contracting Parties resid- ing in the territories of the other shall be exempt from all compul- sory military service whatsoever, whether in the army, navy, national guard, or militia ; from all contributions imposed in lieu of personal service; and from all forced loans or military exactions or contribu- tions. Article II. There shall be reciprocal freedom of commerce and navigation Ijetween the territories of the two High Contracting Parties. 1030 TREATIES, CONVENTIONS, ETC. The citizens or subjects of each of the High Contracting Parties may trade in any part of the territories of the other by wholesale or retail in all kinds of produce, manufactures, and merchandize of lawful commerce, either in person or by agents, singly or in partner- ship with foreigners or native citizens or subjects; and thej^ may there own or hire and occupy houses, manufactories, warehouses, shops and premises which may be necessary for them, and lease land for residential and commercial purposes, conforming themselves to the laws, police and customs regulations of the country like native citizens or subjects. They shall have liberty freely to come with their ships and cargoes to all places, ports, and rivers in the territories of the other, which are or may be opened to foreign commerce, and shall enjoy, respec- tively, the same treatment in matters of commerce and navigation as native citizens or subjects, or citizens or subjects of the most favored nation, without having to pay taxes, imposts or duties, of whatever nature or under whatever denomination levied in the name or for the profit of the Government, public functionaries, private individuals, corporations, or establishments of any kind, other or greater than those paid by native citizens or subjects, or citizens or subjects of the most favored nation. It is, however, understood that the stipulations contained in this and the preceding Article do not in an}^ way affect the laws, ordi- nances and regulations with regard to trade, the immigration of laborers, police and public security which are in force or which may hereafter be enacted in either of the two countries. Article III. The dwellings, manufactories, warehouses, and shops of the citi- zens or subjects of each of the High Contracting Parties in the terri- tories of the other, and all premises appertaining thereto destined for purposes of residence or commerce, shall be respected. It shall not be allowable to proceed to make a search of, or a domi- ciliary visit to, such dwellings and premises, or to examine or inspect books, papers, or accounts, except under the conditions and with the forms prescribed by the laws, ordinances and regulations for citizens or subjects of the country. Article IV. No other or higher duties shall be imposed on the importation into the territories or the United States of any article, the produce or manufacture of the territories of His Majesty the Emperor of Japan, from whatever place arriving ; and no other or higher duties shall be imposed on the importation into the territories of His JMajesty the Emperor of Japan of any article, the produce or manufacture of the territories of the United States, from whatever place arriving, than on the like article produced or manufactured in any other foreign country; nor shall any prohibition be maintained or imposed on the importation of any article, the produce or manufacture of the terri- tories of either of the High Contracting Parties, into the territories of the other, from whatever place arriving, which shall not equally extend to the importation of the like article, being the produce or 1031 mum r^fssiofvs UBfim, ' "' japan — 1894, ''■ '!' manufacture of any other country. This last provision is not appli- cable to the sanitary and other prohibitions occasioned by the neces- sity of protecting the safety of persons, or of cattle, or of plants use- ful to agriculture. Article V. No other or higher duties or charges shall be imposed in the terri- tories of either of the High Contracting Parties on the exportation of any article to the territories of the other than such as are, or may be, payable on the exportation of the like article to any other foreign country; nor shall any prohibition be imposed on the exportation of any article from the territories of either of the two High Contract- ing Parties to the territories of the other which shall not equally extend to the exportation of the like article to any other country. Article VI. The citizens or subjects of each of the High Contracting Parties shall enjoy in the territories of the other exemption from all transit duties, and a perfect equality of treatment with native citizens or subjects in all that relates to warehousing, bounties, facilities, and drawbacks. Article VII. All articles which are or may be legally imported into the ports of the territories of His Majesty the Emperor of Japan in Japanese vessels may likewise be imported into those ports in vessels of the United States, without being liable to any other or higher duties or charges of whatever denomination than if such articles were im- ported in Japanese vessels; and, reciprocally, all articles which are or may be legally imported into the ports of the territories of the United States in vessels of the United States may likewise be im- ported into those ports in Japanese vessels, without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in vessels of the United States. Such reciprocal equality of treatment shall take effect without distinction, whether such articles come directly from the place of origin or from any other place. 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 drawbacks allowed, in the territories of either of the High Contracting Parties on the exportation of any article which is or may be legally exported therefrom, whether such exportation shall take place in Japanese vessels or in vessels of the United States, and whatever may be the place of destination, whether a port of either of the High Contracting Parties or of any third Power. Article VIII. No duties of tonnage, harbor, pilotage, lighthouse, quarantine, or other similar or corresponding duties of whatever nature, or under whatever denomination levied in the name or for the profit of Gov- ernment, public functionaries, private individuals, corporations, or 1032 TREATIES, CONVENTIONS, ETC. establisliinents of any kind, shall be imposed in the ports of the ter- ritories 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 or vessels of the most favored nation. 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 IX. In all that regards the stationing, loading, and unloading of vessels in the ports, basins, docks, roadsteads, harbors or rivers of the terri- tories of the two countries, no privilege shall be granted to national vessels which shall not be equally granted to vessels of the other coun- try ; the intention of the High Contracting Parties being that in this respect also the respective vessels shall be treated on the footing of perfect equality. Article X. The coasting trade of both the High Contracting Parties is ex- cepted from the provisions of the present Treaty, and shall be regu- lated according to the laws, ordinances and regulations of the United States and Japan, respectively. It is, however, understood that citi- zens of the United States in the territories of His Majesty the Em- peror of Japan and Japanese subjects in the territories of the United States, shall enjoy in this respect the rights which are, or may be, granted under such laws, ordinances and regulations to the citizens or subjects of any other country. A vessel of the United States laden in a foreign country with cargo destined for tAvo or more ports in the territories of His Majesty the Emperor of Japan, and a Japanese vessel laden in a foreign country with cargo destined for tAvo or more ports in the territories of the United States, may discharge a portion of her cargo at one port, and continue her voyage to the other port or ports of destination Avhere foreign trade is permitted, for the purpose of landing the remainder of her original cargo there, subject always to the laws and customs regulations of the two countries. The Japanese Government, however, agrees to allow vessels of the United States to continue, as heretofore, for the period of the dura- tion of the present Treaty, to carry cargo between the existing open ports of the Empire, excepting to or from the ports of Osaka, Niigata, and Ebisuminato. Article XI.“ Any ship-of-war or merchant vessel of either of the High Contract- ing Parties which may be compelled by stress of weather, or by reason of any other distress, to take shelter in the port of the other, shall be at liberty to refit therein, to procure all necessary supplies, and to put to sea again, without pa^ying any dues other than such as would be payable by national vessels. In case, howcA^er, the master of a merchant vessel should be under the necessity of disposing of a part “ See CoiiA’ention of ISSO. JAPAN — 1894. 1033 of his cargo in order to defray the expenses, he shall be bound to conform to the regulations and tariffs of the place to which he may have come. If any ship-of-war or merchant-vessel of one of the High Contract- ing Parties should run aground or be wrecked upon the coasts of the other, the local authorities shall inform the Consul General, Consul, Vice-Consul, or Consular Agent of the district, of the occurrence, or if there be no such consular officers, they shall inform the Consul General, Consul, Vice-Consul, or Consular Agent of the nearest district. All proceedings relative to the salvage of Japanese 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, and, reciprocally, all measures of salvage relative to vessels of the United States, wrecked or cast on shore in the territorial waters of His Maj- esty the Emperor of JajDan, shall take place in accordance with the laws, ordinances, and regulations of Japan. Such stranded or wrecked ship or vessel, and all parts thereof, and all furnitures and appurtenances belonging thereunto, and all goods and merchandize saved therefrom, including those which may have been cast into the sea, or the proceeds thereof, if sold, as well as all papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners or their agents, when claimed by them. If such owners or agents are not on the spot, the same shall be delivered to the respective Consuls General, Consuls, Vice-Consuls, or Consular Agents upon being claimed by them within the period fixed by the laws, ordinances and regulations of the country, and such Consular officers, owners, or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been jjayable in the case of the wreck of a national vessel. The goods and merchandize saved from the wreck shall be exempt from all the duties of the Customs unless cleared for consumption, in which case they shall pay the ordinary duties. When a vessel belonging to the citizens or subjects of one of the High Contracting Parties is stranded or wrecked in the territories of the other, the respective Consuls General, Consuls, Vice-Consuls, and Consular Agents shall be authorized, in case the owner or master, or other agent of the owner, is not present, to lend their official assist- ance in order to afford the necessary assistance to the citizens or sub- jects of the respective States. The same rule shall apply in case the owner, master, or other agent is present, but requires such assistance to be given. Article XII. All vessels which, according to United States law, are to be deemed vessels of the United States, and all vessels which, according to Jap- anese law, are to be deemed Japanese vessels, shall, for the purposes of this Treaty, be deemed vessels of the United States and Japanese vessels, respectively. Article XIII, The Consuls General, Consuls, Vice-Consuls, and Consular Agents of each of the High Contracting Parties, residing in the territories of 1034 TREATIES, CONVENTIONS, ETC. the other, shall receive from the local authorities such assistance as can laAY be given to them for the recovery of deserters from the vessels of their respective countries. It is understood that this stipulation shall not apply to the citizens or subjects of the country Tvhere the desertion takes place. Article XIV. The High Contracting Parties agree that, in all that concerns com- merce and navigation, any privilege, favor or immunity which either High Contracting Party has actually granted, or may hereafter grant, to the Government, ships, citizens or subjects of any other State, shall be extended to the Government, ships, citizens, or subjects of the other High Contracting Party, gratuitously, if the concession in favor of that other State shall have been gratuitous, and on the same or equivalent conditions if the concession shall have been conditional; it being their intention that the trade and navigation of each country shall be placed, in all respects, by the other upon the footing of the most favored nation. Article XV. Each of the High Contracting Parties may appoint Consuls Gen- eral, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents, in all the ports, cities, and places of the other, except in those where it may not be convenient to recognize such officers. This exception, however, shall not be made in regard to one of the High Contracting Parties without being made likewise in regard to ' every other Power. The Consuls General, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents may exercise all functions, and shall enjoy all jirivileges, exemptions, and immunities which are, or may hereafter be, granted to Consular officers of the most favored nation. Article XVI.“ The citizens or subjects of each of the High Contracting Parties shall enjoj" in the territories of the other the same protection as native citizens or subjects in regard to patents, trade-marks and designs, upon fulfilment of the formalities prescribed by law. Article XVII. The High Contracting Parties agree to the following arrange- ment : — The several Foreign Settlements in Japan shall, from the date this Treaty comes into force, be incorporated with the respective Japanese Communes, and shall thenceforth form part of the general municipal system of Japan. The competent Japanese Authorities shall there- upon assume all municipal obligations and duties in respect thereof, and the common funds and property, if any, belonging to such Settle- ments shall at the same time be transferred to the said Japanese Authorities. “ In effect ilarcb 8, 1897. JAPAN — 1894. 1035 When such incorporation takes place existing leases in perpetuity upon ^vhich property is now held in the said Settlements shall be con- firmed, and no conditions whatsoever other than those contained in such existing leases shall be imposed in respect of such property. It is, however, understood that the Consular Authorities mentioned in the same are in all cases to be replaced by the Japanese Authorities. All lands which may previously have been granted by the Japanese Government free of rent for the public purposes of the said Settle- ments shall, subject to the right of eminent domain, be permanently reserved free of all taxes and charges for the public purposes for which they were originally set apart. Akticle XVIII. This treaty shall, from the date it comes into force, be substituted in place of the Treaty of Peace and Amity concluded on the day of the 3^ month of the 7*^^ year of Kayei, corresponding to the day of March, 1854 ; the Treaty of Amity and Commerce concluded on the 19“^ day of the month of the 5‘** year of Ansei, corresponding to the 29“^ day of July, 1858; the Tariff Convention concluded on the 13‘** day of the 5‘*^ month of the 2°*^ year of Keio, corresponding to the 25“* day of June, 1866 ; the Convention concluded on the 25“' day of the 7“' month of the 11“' year of Meiji, corresponding to the 25“* day of July, 1878, and all Arrangements and Agreements subsidiary thereto concluded or existing between the High Contracting Parties; and from the same date such Treaties, Conventions, Arrangements and Agreements shall cease to be binding, and, in consequence, the jurisdiction then exercised by Courts of the United States in Japan and all the exceptional privileges, exemptions and immunities then enjoyed by citizens of the United States as a part of, or appurtenant to such jurisdiction, shall absolutely and without notice cease and determine, and thereafter all such jurisdiction shall be assumed and exercised by Japanese Courts. Aeticle XIX. This Treaty shall go into operation on the 17‘’' day of July, 1899, and shall remain in force for the period of twelve years from that date. Either High Contracting Party shall have the right, at any time thereafter to give notice to the other of its intention to terminate the same, and at the expiration of twelve months after such notice is given this Treaty shall wholly cease and determine. Article XX. This Treaty shall be ratified, and the ratifications thereof shall be exchanged, either at Washington or Tokio, as soon as possible and not later than six months after its signature. In witness whereof the respective Plenipotentiaries have signed the present Treaty in duplicate and have thereunto affixed their seals. Done at the City of Washington the 22** day of November in the eighteen hundred and ninety-fourth year of the Christian era, corre- sponding to the 22^ day of the 11‘'' month of the 27“' year of Meiji. Walter Q. Gresham [seal] Shinichiro Kurino. [seal] 1036 TREATIES, CONVENTIONS, ETC. Protocol. The Government of the United States of America and the Govern- ment of His Majesty the Emperor of Japan, deeming it advisable in the interests of both countries to regulate certain special matters of mutual concern, apart from the Treaty of Commerce and Navigation signed this day, have, through their respective Plenipotentiaries, agreed upon the following stipulations: — 1. It is agreed by the Contracting Parties that one month after the exchange of the ratifications of the Treaty of Commerce and Navigation signed this day the Import Tariff now in operation in Japan in respect of goods and merchandise imported into Japan by citizens of the United States shall cease to be binding. From the same date the General Statutory Tariff of Japan shall, subject to the provisions of Article IX of the Treaty of March 31, 1854, at present subsisting between the Contracting Parties, so long as said Treaty remains in force, and, thereafter, subject to the provisions of Article IV and Article XIV of the Treaty signed this day, be applicable to goods and merchandise being the growth, produce or manufacture of the Territories of the United States upon importation into Japan. But nothing contained in this Protocol shall be held to limit or qualify the right of the Japanese Government to restrict or to pro- hibit the importation of adulterated drugs, medicines, food or bev- erages; indecent or obscene prints, paintings, books, cards, litho- graphic or other engravings, photographs or any other indecent or obscene articles; articles in violation of the patent, trade-mark or copjr-right laws of Japan; or any other article which for sanitary rea- sons, or in view of public security or morals, might offer any danger. 2. The Japanese Government, pending the opening of the country to citizens of the United States, agrees to extend the existing passport system in such a manner as to allow citizens of the United States, on the production of a certificate of recommendation from the Eepre- sentative of the United States at Tokio, or from any of the Consuls of the United States at the open ports of Japan, to obtain upon application passports available for any part of the country and for any period not exceeding twelve months, from the Imperial Japanese Foreign Office in Tokio, or from the Chief Authorities in the Prefec- ture in 'which an open port is situated, ^it being understood that the existing Rules and Regulations governing citizens of the United States Avho visit the interior of the Empire are to be maintained. 3. The undersigned Plenipotentiaries have agreed that this Pro- tocol shall be submitted to the two High Contracting Parties at the same time as the Treaty of Commerce and Navigation signed this day, and that when the said Treaty is ratified the agreements con- tained in the Protocol shall also equally be considered as ai)pr()ved, without the necessity of a further formal ratification. It is agreed that this Protocol shall terminate at the same time the said Treaty ceases to be binding. In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto their seals. Done at Washington the 22^ day of November in the eighteen hun- dred and ninety-fourth year of the Christian era, corresponding to the 22'^ day of the 11“^ month of the 27“^ year of Meiji. Walter Q. Gresham [seal] Shinichiro Kttrino [seal] JAPAN — 1897-1905. 1037 1897. Convention as to Patents, Teade-Marks, and Designs. Concluded January 13, 1897 ; ratif, cation advised hy the Senate Feb- ruary 1, 1897 ; ratified hy the President February 1897 ; ratifica- tions exchanged March 8, 1897 ; f roclaimed March 9, 1897 . The President of the United States of America and His Majesty the Emperor of Japan, being desirous of securing immediate recipro- cal protection for patents, trade-marks and designs, have resolved to conclude a Convention for that purpose, and have appointed as their Plenipotentiaries : The President of the United States, the Honorable Richard Olney, Secretary of State of the United States; and His Majesty the Em- peror of Japan, Torn Hoshi, Jushii, His Majesty’s Envoy Extraordi- nary and Minister Plenipotentiary 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 agTeed as follows : Article XVI of the Treati^ of Commerce and Navigation between the United States of America and Japan concluded at Washington on the twenty-second day, the eleventh month, the twenty-seventh 3"ear of Meiji, corresponding to the twenty-second day of November, eighteen hundred and ninety-four of the Christian Era, shall have full force and effect from the date of the exchange of ratifications of this convention. The present convention shall be duly 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 Emperor of Japan in the usual manner; and the ratifications shall be exchanged at Tokyo as soon as possible. In witness whereof, the respective Plenipotentiaries have signed this convention and have thereunto affixed fheir seals. Done, in duplicate original, at Washington, this thirteenth day of January in the one thousand eight hundred and ninety seventh year of the Christian Era. Richard Olney [seal] Toru Hoshi [seal] 1905. Copyright Convention. Signed at Tohio November 10, 1905; ratification advised by the Senate February 28, 1906 ; ratified by the President March 7, 1906; ratifications exchanged at Tokio May 10, 1906; proclaimed May 17, 1906. Articles. I. Reciprocal protection. III. Ratification. II. Translation of books, etc. The President of the United States of America and his Majesty the Emperor of Japan being equally desirous to extend to their sub- L038 TBEATIES, CONVENTIONS, ETC. jects and citizens the benefit of legal protection in both countries in regard to copyright, have, to this end, decided to conclude a Con- vention, and have appointed as their respective Plenipotentiaries : The President of the United States of America, Lloyd C. Griscom, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to Japan; and His Majesty the Emperor of Japan, General Count Taro Katsura, Junii, First Class of the Imperial Order of the Rising Sun, Third Class of the Imperial Order of the Golden Kite, His Imperial Maj- esty’s Minister of State for Foreign Affairs; AVho, having reciprocally communicated their full powers, found in good and due form, have agreed as follows : Article I. The subjects or citizens of each of the two High Contracting Par- ties shall enjoy in the dominions of the other, the protection of cop,y- right for their works of literature and art as well as photographs, against illegal reproduction, on the same basis on which protection is granted to the subjects or citizens of the other, subject however to the provisions of Article II of the present Convention. Article II. The subjects or citizens of each of the two High Contracting Par- ties may without authorization translate books, 'pamphlets or any other writings, dramatic works, and musical compositions, published in the dominions of the other by the subjects or citizens of the latter, and print and publish such translations. Article III. The present Convention shall be ratified, and the ratifications thereof shall be exchanged at Tokio as soon as possible. It shall come into operation from the date of the exchange of ratifications, and shall be applicable to such works only as shall be published after it shall have come into operation. Either of the Contracting Parties shall have the right at any time, to give notice to the other of its intention to terminate the present Convention, and at the expiration of three months after such notice is given this Convention shall wholly cease and determine. In witness whereof the above mentioned Plenipotentiaries have signed the present Convention and have affixed thereto their seals. Done in duplicate at Tokio, in the English and Japanese languages, this 10th day of November, of year one thousand nine hundred and five, corresponding to the 10th day of the 11th month of the 38th year of Meiji. [seal.] Lloyd C. Griscom. [seal.] Taro Katsura. JAPAN — 1906. 1039 1906. Supplementary Extradition Convention. Signed at Tokyo, May 17, 1906; ratification advised hy the Senate, June 22, 1906; ratified hy the President, June 28, 1906; ratifica- tions exchanged at Tokyo, September 25, 1906; proclaimed, Septem- ber 26, 1906. Articles. EXTRADITABLE CRIMES. The President of the United States of America and His Majesty the Emperor of Japan being desirous to add the crimes of embezzle- ment of private moneys or property and larceny to the list of crimes or offences on account of which extradition may be granted under the Treaty concluded between the two countries on the 29th day of April, 1886 (corresponding to th^e 29th day of the 4th month of the 19th year of Meiji), with a view to the better administration of justice and the prevention of crime in their respective territories and jurisdictions, have resolved to conclude a Supplementary Convention, and, for this purpose, have appointed as their Plenipotentiaries, to wit : The President of the United States of America, Huntington Wilson, Charge d’Affaires ad interim of the United States of America at Tokio, and His Majesty the Emperor of Japan, Marquis Kinmoti Saionzi, Shonii, First Class of the Imperial Order of the Rising Sun, His Imperial Majesty’s Minister of State for Foreign Affairs; Who, after having communicated to each other their respective full powers, which were found to be in due and proper form, have agreed to and concluded the following Article. The following crimes are added to the list of crimes or offences numbered 1 to 13 in the second Article of the said Treaty of the 29th day of April, 1886 (corresponding to the 29th day of the 4th month of the 19th year of Meiji), on account of which extradition may be granted, that is to say : Embezzlement by persons hired or salaried, to the detriment of their employers, where the amount of money or the value of the property embezzled is not less than $200 or 400 Yen. Larceny, where the offence is punishable by imprisonment for one year or more, or for which sentence of imprisonment for one year or more has been pronounced. The present Convention shall be ratified and the ratifications shall be exchanged at Tokio as soon as possible. It shall come into force ten days after the exchange of the ratifi- cations, and it shall continue and terminate in the same manner as the said Treaty of, the 29th day of April, 1886 (corresponding to the 29th day of the 4th month of the 19th year of Meiji). In testimony whereof the respective Plenipotentiaries have signed the present Convention and have affixed thereto their seals. 1040 TBEATIES, CONVENTIONS, ETC. Done in duplicate at Tokio, in the English and Japanese lan- guages, this 17th day of May, one thousand nine hundred and six (corresponding to the 17th day of the 5th month of the 39th year oi Meiji). [seal] Huntington Wilson, [seal] Marquis Saionzi. 1908. Arbitration Convention. Signed at W ashington, May 5, 1908; ratification advised ty the Sen- ate, May 13, 1908; Ratifed by the President, August 19, 1908; Ratif cations exchanged at W ashington, August ^4? 1908; Pro- claimed, September 1, 1908. Articles. • I. Differences to be submitted. | III. Duration. II. Special agreement. 1 IV. Ratification. The President of the United States of America and His Majesty the Emperor of Japan, taking into consideration the fact that the High Contracting parties to the Convention for the pacific settle- ment of international disputes, concluded at The Hague on the 29th July, 1899, have reserved to themselves, by Article XIX of that Con- vention, the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to sub- mit to such treatment, have resolved to conclude an Arbitration Con- vention between the two countries, and for the purpose have named as their Plenipotentiaries, that is to say : The President of the United States of America, Elihu Koot, Secre- tary of State of the United States of America ; and His Majesty the Emperor of Japan, Baron Kogoro Takahira, Sho- sammi, Grand Cordon of the Imperial Order of the Rising Sun, His Ambassador Extraordinai*y and Plenipotentiary to the United States of America ; Who, after having communicated to each other their Full Powers, found to be in good and due form, have agi-eed upon and concluded the following Articles: — Article I. Differences which may arise of a legal nature, or relating to the in- terpretation of treaties existing between the two Contracting Parties, and which it may not have been possible to settle by diplomacy, shall be refeiTed to the Pennanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, provided, neverthe- less, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the inter- ests of third parties. Article II. « In each individual case the High Contracting Parties, before ap- pealing to the Permanent Court of Arbitration shall conclude a spe- cial Agreement defining clearly the matter in dispute, the scope of the JAPAN — ^1908, 1041 powers of the Arbitrators, and the periods to be fixed for the forma- tion of the Arbitral Tribunal and the several stages of the procedure. It is understood that such special agreements will be made on the part of the United States by the President of the United States by and with the advice and consent of the Senate thereof. Such agreements shall be binding only when confirmed by the two Governments by an Exchange of Notes. Article III. The present Com^ention shall remain in force for the period of five years from the date of the exchange of the ratifications. Article IV. The present Convention shall be ratified by the High Contracting Parties, and the ratifications thereof shall be exchanged at Washing- ton as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the present Convention, and have thereunto affixed their seals. Done at the City of Washington, in duplicate, this fifth day of May, one thousand nine hundred and eight, corresponding to the fifth day of the fifth month of the forty-first year of Meiji. [seal] Elihu Koot [seal] K. Takahira 1908. Treaty Concerning Protection of Trade Marks in Korea. Concluded May 19, 1908; ratification advised hy the senate May 20, 1908; ratified hy the President June 2, 1908; ratifications exchanged August 6, 1908; Proclaimed August 11, 1908. Articles. I. Protection of trade mark, etc., in Korea. II. Infringement. III. Citizens of possessions of United States. IV. Rights of Korean subjects. V. Reciprocal protection of inven- tions, designs etc. Protection of commercial names. Vn. Ratification. The President of the United States of America and His Majesty the Emperor of Japan being desirous to secure in Korea due pro- tection for the inventions, designs, trade marks and copyrights of their respective citizens and subjects 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, Kobert Bacon, Acting Secretary of State of the United States; and His Majesty the Emperor of Japan, Baron Kogoro Takahira, Shosammi, Grand Cordon of the Imperial Order of the Rising Sun, His Ambassador Extraordinary and Plenipotentiary to the United States of America; 24449— VOL 1—10 66 1042 TREATIES, CONVENTIONS, ETC. Who, after having communicated to each other their Full Powers, found to be in good and due form, have agreed upon and concluded the following articles: — Article I. The Japanese Government shall cause to be enforced in Korea simultaneously with the operation of this convention, laws and regu- lations relative to inventions, designs, trade marks and copyrights similar to those which now exist in Japan. These laws and regulations are to be applicable to American citi- zens in Korea equally as to Japanese and Korean subjects. In case the existing laws and regulations of Japan referred to in the preced- ing paragraph shall hereafter be modified, those laws and regula- tions enforced in Korea shall also be modified according to the prin- ciple of such new legislation. Article II. The Government of the United States of America engages that in case of the infringement by American citizens of inventions, designs, trade marks or copyrights entitled to protection in Korea, such citi- zens shall in these respects be under the exclusive jurisdiction of the Japanese courts in Korea, the extraterritorial jurisdiction of the United States being waived in these particulars. Article III. Citizens of possessions belonging to the United States shall have in respect to the application of the present convention the same treatment as citizens of the United States. Article IV. Korean subjects shall enjoy in the United States the same protec- tion as native .citizens in regard to inventions, designs, trade marks and copyrights upon the fulfillment of the formalities prescribed by the laws and regulations of the United States. Article V. Inventions, designs, trade marks and copyrights duly patented or registered in Japan by citizens of the United States prior to the enforcement of the laws and regulations mentioned in Article I hereof shall without further procedure be entitled under the present convention to the same protection in Korea as is or may hereafter be there accorded to the same industrial and literary properties simi- larly patented or registered by Japanese or Korean subjects. Inventions, designs, trade marks and copyrights duly patented or registered in the United States by citizens or subjects of either High Contracting Party or by Korean subjects prior to the operation of the present convention shall similarly be entitled to patent or regis- tration in Korea without the payment of any fees, provided that said ini^entions, designs, trade marks and copyrights are of such a char- acter as to permit of their patent or registration under the laws and JAPAN 1908. 1043 regulations above-mentioned and provided further that such patent or registration is effected within a period of one year after this con- vention comes into force. Article VI. The Japanese Government engages to extend to American citizens the same treatment in Korea in the matter of protection of their com- mercial names as they enjoy in the dominions and possessions of Japan under the convention for the protection of industrial property signed at Paris March 20, 1883. “ Hong ” marks shall be considered to be commercial names for the purpose of this convention. Article VII. The present convention shall be ratified and the ratifications thereof shall be exchanged at Tokyo as soon as possible. It shall come into force ten days after such exchange of ratifications. In witness whereof, the respective Plenipotentiaries have signed the present convention in duplicate, and have thereunto affixed their seals. Done at the City of Washington, the 19th day of May in the nine- teen hundred and eighth year of the Christian era corresponding to the 19th day of the 5th month of the 41st year of Meiji. Robert Bacon [seal.] K. Takahira [seal.] 1908. Treaty Concerning Protection or Trade Marks in China. Concluded May 19^ 1908; ratification advised hy the senate May 20, 1908; ratified hy the President June 2, 1908; ratifications ex- changed August 6, 1908; 'proclaimed August 11, 1908. Articles. I. Protection of trade marks in China. II. Protection of copyrights in China. III. Infringement. IV. Protection of commercial names. V. Citizens of possessions of the United States and subjects of Korea. VI. Insular possessions and leased territories. VII. Cancellation of false trade marks. VIII. Unauthorized reproductions of works of literature and art. IX. Ratification. The President of the United States of America and His Majesty the Emperor of Japan being desirous to secure in China reciprocal protection for the inventions, designs, trade marks and copyrights of their respective citizens and subjects have resolved to conclude a con- vention for that purpose and have named as their Plenipotentiaries, that is to say : The President of the United States of America, Robert Bacon, Acting Secretary of State of the United States; and 1044 TEEATIES, CONVENTIONS, ETC. His Majesty the Emperor of Japan, Baron Kogoro Takahira, Shosammi, Grand Cordon of the Imperial Order of the Kising Sun, His Ambassador Extraordinary and Plenipotentiary to the United States of America ; Who, after having communicated to each other their Full Powers, found to be in good and due form, have agreed upon and concluded the following articles: Article I. Inventions, designs and trade marks duly patented or registered by citizens or subjects of one High Contracting Party in the appropriate office of the other Contracting Party shall have in all parts of China the same protection against infringement by citizens or subjects of such other Contracting Party as in the dominions and possessions of such other Contracting Party. Article II. The citizens or subjects of each of the two High Contracting Parties shall enjoy in China the protection of copyright for their works of literature and art as well as photographs to the same extent as they are protected in the dominions and possessions of the other party. Article III. In case of infringement in China by a citizen or subject of one of the two High Contracting Parties of any invention, design, trade mark or copyright entitled to protection in virtue of this convention the aggrieved party shall have in the competent territorial or consular courts of such Contracting Party the same rights and remedies as citizens or subjects of such Contracting Party. Article IV. Each High Contracting Party engages to extend to the citizens or subjects of the other Contracting Party the same treatment in China in the matter of protection of their commercial names as they enjoy in the dominions and possessions of such Contracting Party under the convention for the protection of industrial property signed at Paris March 20, 1883. “ Hong ” marks shall be considered to be commercial names for the purpose of this convention. Article V. Citizens of possessions belonging to the United States and subjects of Korea shall have in China the same treatment under the present convention as citizens of the United States and subjects of Japan respectively Article VI. It is mutually agreed between the High Contracting Parties that the present convention shall be enforced so far as applicable in any other country in which either Contracting Party may exercise ex- traterritorial jurisdiction. JAPAN — 1908. 1045 All rights growing out of the present convention shall be recog- nized in the insular and other possessions and leased territories of the High Contracting Parties and all legal remedies provided for the protection of such rights shall be duly enforced by the competent courts. Article VII. Any person amenable to the provisions of this convention who possesses at the time the present convention comes into force mer- chandise bearing an imitation of a trade mark owned by another person and entitled to protection under said convention shall remove or cancel such false trade mark or withdraw such merchandise from market in China within six months from the date of the enforcement of this convention. Article VIII. Unauthorized reproductions by the citizens or subjects of one High Contracting Party prior to the operation of this convention of the works of literature and art as well as photographs of the citizens or subjects of the other Contracting Party published after the 10th day of May, 1906, and entitled to protection in virtue of this convention shall be withdrawn from sale or circulation in China within one year from the date of the enforcement of this convention. Aeticle IX. The present convention shall be ratified and the ratifications thereof shall be exchanged at Tokyo as soon as possible. It shall come into force together with the convention relative to the protection of inven- tions, designs, trade marks and copyrights in Korea, ten days after such exchange of ratifications. In witness whereof, the respective Plenipotentiaries have signed the present convention in duplicate and have thereunto affixed their seals. Done at the City of Washington the 19th day of May in the nine- teen hundred and eighth year of the Christian era corresponding to the 19th day of the 5th month of the 41st year of Meiji. Robert Bacon [seal.] K. Takahira [seal.] 1908. Notes Exchanged between the United States and Japan November 30, 1908, Declaring their Policy in the Far East. Imperial Japanese Embassy, 'Washington, November 30, 1908. Sir: The exchange of views between us, which has taken place at the several interviews which I have recently had the honor of hold- ing with you, has shown that Japan and the United States holding important outlying insular possessions in the region of the Pacific Ocean, the Governments of the two countries are animated by a common aim, policy, and intention in that region. 1046 TBEATIES, CONVENTIONS, ETC. Believing that a frank avowal of that aim, policy, and intention would not only tend to strengthen the relations of friendship and good neighborhood, which have immemorially existed between Japan and the United States, but would materially contribute to the preser- vation of the general peace, the Imperial Government have author- ized me to present to you an outline of their understanding of that common aim, policy, and intention: 1. It is the wish of the two Governments to encourage the free and peaceful development of their commerce on the Pacific Ocean. 2. The policy of both Governments, uninfluenced by any aggressive tendencies, is directed to the maintenance of the existing status quo in the region above mentioned and to the defense of the principle of equal opportunity for commerce and industry in China. 3. They are accordingly firmly resolved reciprocally to respect the territorial possessions belonging to each other in said region. 4. They are also determined to preserve the common interest of all powers in China by supporting by all pacific means at their disposal the independence and integrity of China and the principle of equal opportunity for commerce and industry of all nations in that Empire. 5. Should any event occur threatening the status quo as above described or the principle of equal opportunity as above defined, it remains for the two Governments to communicate with each other in order to arrive at an understanding as to what measures they may consider it useful to take. If the foregoing outline accords with the view of the Government of the United States, I shall be gratified to receive your confirmation. I take this opportunity to renew to Your Excellency the assurance of my highest consideration. K. Takahika Honorable Eliiiu Boot, Secretary- of State. Department of State, 'W ashing ton., November 30., 1908. Excellency : I have the honor to acknowledge the receipt of your note of to-day setting forth the result of the exchange of views be- tween us in our recent intervieivs defining the understanding of the two Governments in regard to their policy in the region of the Pacific Ocean. It is a pleasure to inform you that this expression of mutual under- standing is welcome to the Government of the United States as appro- priate to the happy relations of the two countries and as the occasion for a concise mutual affirmation of that accordant policy respecting the Far East which the two Governments have so frequently declared in the past. I am happy to be able to confirm to Your Excellency, on behalf of the United States, the declaration of the two Governments embodied in the following words : 1. It is the wish of the two Governments to encourage the free and peaceful development of their commerce on the Pacific Ocean. 2. The policy of both Governments, uninfluenced hj any aggressive tendencies, is directed to the maintenance of the existing status quo JAPAN — 1908. 1047 in the region above mentioned, and to the defense of the principle of equal opportunity for commerce and industry in China. 3. They are accordingly firmly resolved reciprocally to respect the territorial possessions belonging to each other in said region. 4. They are also determii ad to preserve the common interests of all powers in China by supporting by all pacific means at their disposal the independence and integrity of China and the principle of equal opportunity for commerce and industry of all nations in that Empire. 5. Should any event occur threatening the status quo as above described or the principle of equal opj)ortunity as above defined, it remains for the two Governments to communicate with each other in order to arrive at an understanding as to what measures they may consider it useful to take. Accept, Excellency, the renewed assurance of my highest consid- eration. Elihu Koot. His Excellency Baron Kogoro Takahtra, Japanese Ambassador. KONGO. (SEE CONGO, PAGE 327.) KOREA. (SEE COKEA, page 334.) LEW CHEW. 1864. Compact of Friendship and Commerce. Concluded July 11^ 185J^; ratification advised hy the Senate March 3, 1856; ratified hy the President March 9, 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. 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 exchanged 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 rea- sonable prices, but if they wish to get other articles, they shall be purchaseable only at Napa. If Ships of the United States are wrecked on Great Lew Chew or on Islands under the jurisdiction of the Royal Government of Lew Chew, the local authorities shall dispatch persons to assist in saving life and property, and preserve what can be brought ashore till the Ships of that Nation shall come to take away all that may have been saved ; and the expenses incurred in rescuing these unfortunate per- sons 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 without hindrance or having officials sent to follow them, or to spy what they do ; but if they violently go into houses, or trifle with women, or force people to sell them things, or do other such like illegal acts, they shall be arrested by the local officers, but not 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 in to 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. 1048 LEW CHEW — 1854. 1049 Whenever Ships anchor at Napa, the officers shall furnish them with Wood at the rate of Three Thousand Six hundred Copper Cash per thousand catties; and with Water at the rate of 600 Copper Cash (43 cents) for one thousand catties, or Six barrels full, each contain- ing 30 American Gallons. Signed in the English and Chinese languages by Commodore Mat- thew C. Perry, Commander in Chief of the United States Naval Forces in the East India, China and Japan Seas, and Special Envoy to Japan, for the United States; and by Sho Fu fing, Superintendent of Affairs (Tsu li-kwan) in Lew Chew, and Ba K.io-si, Treasurer of Lew Chew, at Shni, for the Government of Lew-Chew, and copies exchanged, this 11^** day of July, 1854, or the reign Hien fung, 4‘** year, 6^** moon, 7'-^ day, at the Town Hall of Napa. M, C, Perry Sho fu fing. Ba Rio-si. LIBERIA. 1862. Treaty of Commerce and Navigation. Concluded Octoher 21^ 1862; ratification advised hy the Senate Janu- ary 9, 1863; ratified hy the President January 12, 1863; ratificor- tions exchanged February 17, 1863; 'proclaimed March 18, 1863. Articles. I. Amity. II. Freedom of commerce. III. No discrimination in vessels. IV. Imports and exports. V. Shipwrecks and salvage. VI. Most favored nation privileges, VII. Consuls. VIII. Noninterference in Liberia. IX. Ratification. The United States of America and the Kepublic 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 reciprocity for the basis of their agreement; and to effect this, they have named as their respective plenipotentiaries, that is to say : The President of the United States of America, Charles Francis Adams, Envoy Extraordinary and Minister Plenipotentiary of the United States of America at the Court of St. James; and the Eepub- lic of Liberia, His Excellency Stephen Allen Benson, President thereof ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles: Article I. There shall be perpetual peace and friendship between the United States of America and the Eepublic of Liberia, and also between the citizens of both countries. Article II. There shall be reciprocal freedom of commerce between the United States of America and the Eepublic of Liberia. The citizens 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 for- 1050 LIBEBIA 1862. 1051 eigners 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 privi- leges which are or may be granted to any other foreigners, subjects, or citizens of the most favored nation. The citizens of the Republic of Liberia shall, in return, enjoy similar protection and privileges in the United States of America and in their territories. Article III. No tonnage, import, or other duties or charges shall be levied in the Republic of Liberia on United States vessels, or on goods imported or exported in United States vessels, beyond what are or may be levied on national vessels, or on the like goods imported or exported in national vessels ; and in like manner no tonnage, import, or other duties or charges shall be levied in the United States of America and their territories on the vessels of the Republic of Liberia, or on goods imported or exported in those vessels, beyond what are or may be levied on national vessels, or on the like goods imported or exported in national vessels. Article IV. Merchandise or goods coming from the United States of America in any vessels, or imported in United States vessels from any country, shall not be prohibited by the Republic of Liberia, nor be subject to higher duties tlian 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 Republic of Liberia may be exported therefrom by citizens of the United States and United States vessels on as favorable terms as by the citizens and vessels of any other foreign country. In like manner all merchandise or goods coming from the Republic of Liberia in any vessels, or imported in Liberian vessels from any country, shall not be jirohibited by the United States of America, nor be subject to higher duties than are levied on the same kinds of mer- chandise or goods coming from any other foreign country or imported in any other foreign vessels. All articles the produce of the United States, or of their territories, may be imported therefrom by Liberian citizens and Liberian vessels on as favorable terms as by the citizens and vessels of any other foreign country. Article V. When any vessel of either of the contracting parties shall be wrecked, foundered, or otherwise damaged on the coasts or within the territories of the other, the respective citizens shall receive the greatest possible aid, as well for themselves as for their vessels and effects. All possible aid shall be given to protect their property from being plundered and their persons from ill treatment. Should a dispute arise as to the salvage, it shall be settled by arbitration, to be chosen by the parties respectively. 1052 TREATIES, CONVENTIONS, ETC. Article VI. It being the intention of the two contracting parties to bind them- selves by the present treaty to treat each other on the footing of the most favored nation, it is hereby agreed between them that any favor, privilege, or immunity whatever in matters of commerce and 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 been gratuitous, or in return for a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agree- ment, if the concession shall have been conditional. Article VII. Each contracting party may appoint consuls for the protection of trade, to reside in the dominions of the other; but no such consul shall enter upon the exercise of his functions until he shall have been approved and admitted, in the usual form, by the Government 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 between the aboriginal inhabitants and the Government of the Republic of Li- beria, in the jurisdiction and territories of the Republic. Should any United States citizen suffer loss, in person or property, from violence by the aboriginal inhabitants, and the Government of the Republic of Liberia should not be able to bring the aggressor to justice, the United States Government engages, a requisition having been first made therefor by the Liberian Government, to lend such aid as may be required. Citizens of the United States residing in the territories of the Republic of Liberia are desired to abstain from all such inter- course with the aboriginal inhabitants as will tend to the violation of law and a disturbance of the peace of the country. Article IX. The present treaty shall be ratified, and the ratifications exchanged at London, within the space of nine months from the date 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.] Charles Francis Adams. Stephen Allen Benson. LUBEC. (SEE HANSEATIC REPUBLICS.) EUXEMBUBG. 1883. Extradition Convention. Concluded October £9, 1883; ratification advised by the Senate July 4, 188^; ratified by the President July 5, 1881^.; ratifications ex- changed July 1884; proclaimed August 12, 1884. Articles. I. Delivery of accused. II. Extraditable crimes. III. Trials of persons surrendered. IV. Political offenses. Y. Delivery of citizens. VI. Persons under arrest. VII. Procedure. VIII. Expenses. IX. Limitations. X. Articles in possession of accused. XI. Duration; ratification. The United States of America and His Majesty the Kin^ of the Netherlands, Grand Duke of Luxemburg, having judged it expe- dient, with a view to the better administration of justice and the prevention of crime within their respective territories and jurisdic- tions, 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. Sar- gent, His Envoy Extraordinary and Minister Plenipotentiary to His Majesty the Emperor of Germany at Berlin; and His Majesty the King of the Netherlands, Grand Duke of Luxemburg, Dr. Paul Eyschen, His 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 con- cluded 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 as principals or accessories, with or convicted of any of the 1053 1054 TREATIES, CONVENTIONS, ETC. crimes and offenses specified in 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 be done upon such evidence of criminality as, ac- 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 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°. Rape, 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 entering 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 violence or putting him in fear; and the corresponding crimes pun- ished by the laws of Luxemburg under the description of thefts committed in an inhabited house by night and by breaking in, by climbing or forcibly ; 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 governmental acts; 8°. 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 instru- ment of credit; the counterfeiting of seals and dies, impi'essions, stamps, and marks of State and public administrations and the utter- ance thereof; 9°. The embezzlement of public moneys committed within the juris- diction of either party by public officers or depositaries ; 10°. Embezzlement by any person or persons hired or salaried to the detriment of their employers, when the crime is subject to punish- ment 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°. Reception 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. LUXEMBURG 1883. 1055 Article III. A person surrendered under this convention shall not be tried or punished in the country to which his extradition has been granted, nor given up to a third power for a crime or offense not provided for by the present convention and committed previously to his extradi- tion, until he shall have been allowed one month to leave the country after having been discharged; and, if he shall have been tried and condemned to punishment, he 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 men- tioned in article 7 of this convention. The consent of that government shall be required for the extradi- tion of the accused to a third country; nevertheless such consent shall not be necessary 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 with such a crime or offense. A person who has been surrendered 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 account 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, un- less 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 com- prises 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. Article V. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention. Article VI. If the person whose surrender may be claimed pursuant to the stipulations of the present treaty shall have been arrested for the commission 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 impris- pmnent to which he may have been sentenced. 1056 TREATIES, CONVENTIONS, ETC. Article VII. Requisitions 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 convicted of a crime or offense, a copy of the sentence of the court in which he may have been convicted, authenticated under its seal and 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 by the minister or consul charged with the interests of Luxemburg, respectively, shall accompany the requisition. Vdien, 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 authority in Luxemburg 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 the law and the evidence, the extradition is due pursuant to the ti-eaty, the fugitive may be given up according to the forms prescribed in such cases. Article VIIL The expenses of the arrest, detention and transportation of the persons claimed shall be paid by the government in whose name the requisition has been made. Article IX. Extradition shall not be granted in pursuance of the provisions of this convention, if legal proceedings or the enforcement of 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 requisi- tion is addressed. Article X. All 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 extradi- tion 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 neverthe- less be respected. Article XI. The present convention shall take effect thirty days after the ex- change 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 for its termination. It shall be ratified and its ratifications shall be exchanged as soon as possible. LUXEMBUEG 1883-1904. 1057 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 Berlin, this 29th day of October, A. D. 1883. [seal.] a. a. Sargent, [seal.] Paul Eyschen. 1904. Declaration for the Protection of Trade-Marks. Signed at Luitemburg^ December £3, lOOJf.; signed at The Hague^ De- cember ^7, 190 Jt,; ratification advised by the Senate, February 3, 1905; ratified by the President, March 15, 1905; 'proclaimed, March 15, 1905. Articles. I. Reciprocal protection. | III. Ratification. II. Formalities to be fulfilled. I DECLARATION. The Government of the United States of America and the Govern- ment of the Grand Duchy of Luxemburg being desirous of securing a complete and effective protection of the manufacturing industry of the citizens and subjects of the two countries, the undersigned, being duly authorized to that effect, have agreed upon the following provisions. Article I. The subjects and citizens of each of the high contracting parties shall enjoy in the dominions and possessions of the other the same rights as are given to native subjects or citizens in matters relating to trade-marks. Article II. In order to secure to their marks the protection stipulated for by the preceding article, American citizens in the Grand Duchy of Lux- emburg and Luxemburg subjects in the United States of America must fulfil the formalities prescribed to that effect by the laws and regulations of the country in which the protection is desired. Article III. The present arrangement shall take effect from the date of its official publication in the two countries and shall remain in force until the expiration of twelve months immediately following a de- nunciation made by one or the other of the contracting parties. In witness whereof, the undersigned have signed the present Dec- laration and have thereto affixed their seals. Done in duplicate at Luxemburg, the 23, and in the Hague, the 27 December 1904. Stanford Newel [seal.] Eyschen [seal.] 24449— VOL 1—10 67 MADAGASCAK Madagascar having become a colony of France, the treaties of 1867 and 1881 have become obsolete. 1867.“ Treaty of Commerce and Navigation. Concluded Fehruary 11^.^ 1867 ; ratijication advised hy the Senate Janu- ai'y 20^ 1868; ratifed hy the President January 1868; rati-fica- tions exchanged July 8, 1868; proclaimed October 7, 1868. Articles. I. Amity. II. Rights of person and property. III. Tariff duties. IV. Consuls. V. Privileges of citizens. VI. Vessels; deserters. VII. Shipwrecks. VIII. Ratification. Between Rainimaharavo, Chief Secretary of State, 16 vtra., Andri- antsitohaina, 16 vtra., Eafaralahibemalo, head of the civilians, on the part of the 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 Amer- ica, all duly authorized to that effect by their respective Governments, the following articles of a comercial treaty have this day been drawn up and signed by mutual agreement : I. Her Majesty Rasoherina Manjaka, Queen of Madagascar, and his Excellency Andrew Johnson, President of the U. S. of 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 sol- emnly declare that peace and good friendship shall exist between them and their respective heirs and successors forever without war. II. The dominions of each contracting party, as well as the right of domicil of their inhabitants, are sacred ; and no forcible possession of territory shall ever take jilace in either of them by the other party, nor any domiciliary visits or forcible entries be made to the houses of “ This treaty was superseded by the treaty of 1881. 1058 MADAGASCAK — ^1867. 1059 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 con- cert with the U. S. Consul, or, in his absence, by a duly authorized officer, 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 other. Citizens of the 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 builded by them without the permission of the Government. They shall enjoy full and complete protection and security for themselves and their property, equally with the subjects of Mada- gascar; the right to lease or rent land, houses, or storehouses 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 previous notice. Contracts for renting or leasing land or houses or hiring labourers may be executed by deeds signed before the U. S. Consul and the local authorities. They also shall be permitted to trade or pass with their merchandise through all parts of Madagascar which are under the controle of a Governor, duly appointed by Her Majesty, with the exception of Ambohimanga, Ambohimanambola, and Amparafara- vato, which places foreigners are not permitted 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. Citizens of America shall, however, pay a duty, not exceeding ten per cent, on both export and import in Madagascar, to be regulated by a tariff mutually agreed upon, with the following exceptions: Munition of war, to be im- ported only by the Queen of Madagascar into her dominions, or by her order. Prohibited from export by the laws of Madagascar are munition of war, timber, and cows. No other duties, such as ton- nage, 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 controle of a Governor, must not be entered by U. S. vessels. 1060 TREATIES, CONVENTIONS, ETC. IV. Each contracting party may appoint consuls, to reside in the do- minions of each other, who shall enjoy all privileges granted to con- suls of the most favoured nations, to be witness of the good relation- ship existing between both nations and to regulate and protect com- merce. V. Citizens of the U. S. who enter Madagascar, and subjects of Her Majesty the Queen of Madagascar, while sojourning in America, are subject to the laws of trade and comerce in the respective countries. In regard to civil rights, however, whether of person or property, of American citizens, or in cases of criminal offences, they shall be under the exclusive civil and criminal jurisdiction of their own con- sul only, duly invested with the necessary power. But should any American citizen be guilty of a serious criminal offence against the laws of Madagascar, he shall be liable to banish- ment from the country. All disputes and differences arising within the dominions of Her Majesty between citizens of the U. S. and subjects of Madagascar shall be decided before the U. S. Consul and an officer duly authorized by Her Majesty’s Government who shall afford mutual assistance and every facility to each other in recovering debts. VI. No American vessel shall have communication with the shore before receiving pratique from the local authorities of Madagascar, nor shall any subject of Her Majesty the Queen be permitted 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 Consul to bring back the deserters and to re-establish discipline, if possible, among the crew of a merchant-vessel. VII. In case of a shipwreck of an American vessel on the coast of Mada- gascar, or if any such vessel should be attacked or plundered in the waters of Madagascar adjacent to any military station, Her Majesty engages to order the Governor to grant every assistance 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. VIIL The above articles of treaty, made in good faith, shall be submitted to both the Government of the U. S. of America and Her jNIajesty the Queen of Madagascar for ratification, and such ratifications be ex- changed 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. MADAGASCAE — ^1867-1881. 1061 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 au- thority, have been signed and sealed at Antananarivo this day. SUPPLEMENTARY ARTICLE TO § II. P. S. — Should there be any business of the Queen requiring the services of such labourers, they shall be permitted to leave without giving previous notice. The sentence in Article II, stating that pre- vious notice must be given, refers only to labourers leaving on their own account. [seal.] J. P. Finkelmeier, TJ . S. G. A. [seal.] Rainimaharavo, Chief Secretary of State, 16 vtra. Andriantsitohaina, 16 vtra. Raearalahibemalo, Loholona Chihe amy ny Brz. Antananarivo, IJfth February, 1867. 1881.“ Treaty of Friendship and Commerce. Concluded May 13, 1881 ; ratification advised Toy the Senate Febru- ary 27 , 1883; ratif.ed Toy the President March 10, 1883; ratifications exchanged March 12, 1883; 'proclaimed March 13, 1883. Articles. I. Friendship. II. Rights of domicile, etc. III. Personal and property rights. IV. Commerce, etc. V. Consuls. VI. Civil rights. VII. Sanitary regulations, passports, etc. VIII. Shipwrecks, etc. IX. American goods shipped to. X. Development of industries. XI. Taxes. XII. Ratification. MTiereas a treaty of friendship and commerce between the Govern- ment of Madagascar and the Government of the United States of America was concluded on the fourteenth of February, 1867, at Antananarivo, the capital of Madagascar, under which the most friendly relations between the two have existed up to the present time; and whereas Her Majesty Ranavalomanjaka, Queen of Mada- gascar, and his Excellency James A. Garfield, President of the “This treaty became obsolete when the sovereignty of France was extended over Madagascar, and was replaced by “ the whole of the conventions con- cluded between France and the United States.” — Note of July 22, 1896, from the French ambassador to the Secretary of State. 1062 TREATIES, CONVENTIONS, ETC. United States of America, are both desirous, for the good and wel- fare of their respective countries, to maintain the present friendly relations, and to expand the commerce between the two countries; to prevent as far as possible complications and disputes between their respective subjects and citizens, and to provide more definitely the manner of executing the obligations of the treaty and the adjust- ments of disputes that may arise in the future, the following articles of revision and addition to the treaty of the fourteenth of February, 18G7, have been mutually agreed to and signed by Ravoninahitrini- arivo 15th Honor, Officer of the Palace, Chief Secretary of State for Foreign Affairs, on the part of the Government of Madagascar; and W. W. Robinson, United States Consul for Madagascar, 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 existing between them and their respective heirs and successors for- ever 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 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 espionage of, the houses of either party against the will of the occu- pants, except as hereinafter provided in Article VI, sects. 4 and 23. 2. The right of sovereignty shall in all cases be respected in the dominions of one government by the subjects or citizens of the other. 3. Citizens and proteges of the United States of America will respect the government of Ranavalomanjaka, and that of her heirs and successors, and will not interfere with the institutions of the country, nor meddle with affairs of Her Majesty’s 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 vessels and citizens shall not aid Her Majesty’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 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 Madagascar, shall enjoy the privilege of free and unmolested exercise of their respective Christian religious opinions and customs; new places of worship, however, shall not be built by them without the permission of the Government of Madagascar. 6. Citizens and proteges of the United States of America while in Madagascar shall enjoy full and complete protection and security for themselves and their property equally with the subjects of Madagascar. MADAGAS CAE 1881. 1063 Abticle III. 1. According to the laws of Madagascar from all time, Malagasy lands cannot be sold to foreigners, and, therefore, citizens and pro- teges of the United States of America are prohibited from pur- chasing lands in Madagascar; but still they shall be permitted to lease or rent lands, houses, or storehouses for a term of months or years, 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-five 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 mak- ing it before the proper authorities, 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 iDermitted to build houses and magazines, of any material desired, on land leased by them, according to the agreement made with the OAvner; and Avhen the lease contains a condition permitting the lessee to remove the building and fixtures so constructed by him, the same shall be removed within three months after the final expiration of the lease; otherwise they shall become the property of the oAvner of the land. 3. This privilege of leasing lands and building thereon by United States citizens and proteges shall not be construed as a right to build fortifications of whateA^er nature, nor to mine on the lands; and should any minerals be accidentally found on such lands, they are to be left to the disposition of Her Majesty’s Government, and no agree- ment 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 unappropriated lands in Madagascar may lease of the Malagasy Government, under the same rules as proAuded above in this article, secs. 1-3, for leasing lands of Her Majesty’s subjects. 6. United States citizens and proteges shall be allowed to hire laborers, not soldiers, and, if slaves, not without the permission of their masters. And 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 giAung one month’s previous notice. 6. This notice, howcA^er, shall not be required from the Govern- ment of Madagascar, when Her Majesty the Queen shall have imme- diate and unexpected need of the services of such laborers; but the ofiicers of the Government in taking such laborers for government service will avoid taking the skilled laborers — 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. 1064 TREATIES, CONVENTIONS, ETC. The above restriction is intended to prevent the local authorities from taking such permanent laborers from their employers, but not to interfere 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 United States citizens and proteges, and provided with passports from the Malagasy Government, will not be taken away while en route, but must be permitted to finish their journeys. Nevertheless, such per- sons 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 labor- ers, shall be executed by leases for lands and contracts for labor in writing which shall be executed before the United States consular officer and the governor of the district where such consular officer resides, or instead of said governor such officer as he may delegate 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 contracted for, for labor does not exceed six months, procuring 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 officer that may be designated by the governor for that purjiose, 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 American lessee shall pay to Her Majesty an annual tax of two 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 citi- zens and proteges, or the citizens and subjects of other nations resid- ing in Madagascar and Malagasy 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 shall be designated to receive such, shall upon reception of each tax give a receipt therefor, over his signature and official seal, men- tioning the day, month and year on which it was received, and de- scribing the land upon which the tax is paid, and for what year, as a proof of payment. MADAGASCAE 1881. 1065 15. Such leases may be transferred; in which cases notice must be given to the government authority of Madagascar. 16. Citizens and proteges of the United States of America who come to Madagascar must present a j^assport from their government, 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 follow any occupation they wish ; to print books or newspapers of a moral character, or any books or periodicals on literary, commer- cial, 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, carriers, and servants, through 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, Ambohmian- ambola, and Amparafaravato, which places foreigners are not per- mitted to enter; and, in fact, be entitled to all privileges of com- merce or other business, calling or profession granted to the most favored nation, so long as they do not -infringe the laws of Mada- gascar. 19. The subjects of Her Majesty the Queen of IMadagascar 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 Madagascar shall be perfectly free, with all the privileges under which the most favored nations are now, or may hereafter be trading. 2. Citizens of the United States of America shall, however, pay a duty not exceeding ten per cent, on both exports and imports in Madagascar, to be regulated by a tariff to be mutually agreed upon. 3. No other duties, such as tonnage, pilotage, quarantine, or 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 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 money or in kind, on each kind of goods, at the option of the owner or con- signee, and according to a tariff that shall be agreed upon, not ex- ceeding ten per cent. 5. This tariff of customs dues shall be drawn up by the United States consul and an officer delegated by Her Majesty’s Government for the purpose, within three months after the exchange of the rati- fication of this treaty, and shall be submitted to the two govern- ments 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 government, should it be found rated too high or too low, in whole or upon any one article or articles of merchandise. 1066 TREATIES, CONVENTIONS, ETC. 6. In case any article of import or export should be inadvertently omitted from such tariff, the duty levied on such article shall be ten per cent, ad valorem until the proper tariff on the same shall be agreed upon. 7. United States citizens and proteges are not allowed to import- munitions of war into Madagascar, except on orders from Her Majesty the Queen of Madagascar. 8. In regard to alcoholic liquors, the Malagasy Government may regulate the importation according to its pleasure; or prohibit the importation altogether; or limit the importation as required; may levy as high a duty as it may see fit, or make it a misdemeanor 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 morals of Her Majesty’s subjects, are being imported. Her Majesty’s Government shall have the right to control, restrict or prohibit the importation in like manner, after giving due notice to the United States Govern- ment. 10. Prohibited from export by the laws of Madagascar are timber and cows. Timber, however, may be exported by Her Majesty the Queen of Madagascar, or by her order. 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 pur- poses of trade ; should they do so, they will be treated as smugglers. 12. And Pier Majesty’s Government will not be responsible for damciage by robbery of, or other malfeasance to United States citi- zens or protegfe in districts where there are no governors, nor 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 payment, on pres- entation of invoices of the same, duly certified by the chief collector of customs at the port of entry, showing that the duties have been paid. T4. Vessels entering Malagasy ports which are not ports of entry for the purpose of trade, will be seized; the masters and crews will be treated as smugglers, and the vessel and cargo will be confiscated. 15. It is further agreed between the high contracting parties that the offering of a forged passport or one surreptitiously obtained, for entry of goods at any of Her Majesty’s ports, or being in any manner knowingly concerned in such fraudulent passports or invoices, either by making, or buying, or selling the same, or by offering to enter goods by means of the same, shall be considered a felony, and the per- son or persons found guilty of such an offense, whether American or Malagasy, shall be punished by imprisonment or fine or both accord- ing to the aggravation of the offence, as hereinafter provided by Article VI. ; and this in addition to the penalty for smuggling when goods have been smuggled, or attempt has been made to smuggle, by means of such fraudulent passports or invoice. 16. United States vessels of war shall be permitted to enter freely into the militarj'^ ports, rivers, and creeks situated in the dominions MADAGASCAR — 1881. 1067 of Her Majesty the Queen of Madagascar, to make repairs and to provide themselves, at a fair and moderate price, such supplies, stores and provisions as they may from time to time need, including timber for necessary repairs, without payment of duty. 17. On account of Her Majesty the Queen of Madagascar’s desire to facilitate communication between the United States and Mada- gascar and thereby to advance commerce between the two coun- tries. the United States Government and United States private steam- ship companies are hereby granted the privilege to land and deposit coal for the use of the United States Government and private steam- ers at Tamatave or Mojanga, or both, on land designated by the gov- ernor for that purpose, and to take the same away again from time to time for the use of such steamers, without pajunent of duties or harbor 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 pro- duction in sufficient quantity for such steamers can be bought. But should any of the vessels 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 auy of such coal be sold in Madagascar, dut}’^ must be paid on the quantity so sold. Article V. 1. The contracting parties may appoint consular officers of any or of all grades to reside in the dominions of the other, and such con- sular officers shall be granted all the rights and privileges granted to functionaries of like grades of the most favored nation, as witnesses of the good relations existing between the two nations, and to regu- late and protect commerce. 2. The President of tlie United States of America may send a diplomatic officer of any grade to reside in Madagascar who shall enjoy the rights and privileges provided by international law for his grade. 3. The Queen of Madagascar shall have the like privilege of send- ing a diplomatic officer of any grade to the United States of America, and he shall enjoy there likewise all the rights and privileges of his grade established by international law. Article VI. 1. Citizens and proteges of the United States of America, who enter Madagascar, and subjects of Her Majesty the Queen of Mada- gascar, while sojourning in the United States of America, 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 citi- zens and proteges of the United States of America, where disputes or differences shall arise between them, or in cases of criminal offences committed upon them by each other, they shall be under the exclu- sive civil and criminal jurisdiction of their own consuls, duly in- vested with the necessary powers. 3. Neither shall the Malagasy authorities interfere in differences or disputes between United States citizens and proteges and the citi- zens or subjects of any third power in Madagascar. 1068 TREATIES, CONVENTIONS, ETC. 4. But the Malagasy police may, whenever a United States citizen or protege shall be discovered in the act of committing a crime 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 otfender 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 supply to each United States consular officer residing in Madagascar, within six months after the exchange of the ratification of this treaty, one or more printed copies of all laws, decrees, or customs having the force of law which affect in any way, directly or indirectly, foreigners sojourning in Mada- f ascar, in their rights and privileges, either of person or property, or the information of United States citizens sojourning in Mada- gascar. 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 shall be furnished to each said United States consular officers, 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 pro- teges of the United States of America and subjects of Madagascar, and all criminal offences committed by such citizens and proteges against said subjects of Madagascar, and all criminal offences com- mitted by the subjects of Madagascar against the citizens and pro- teges of the United States of America, as well as all infringement 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 the kingdom, the chief or senior United States consular officer, and a Malagasy officer, duly appointed by her Majesty the Queen of Mada- gascar 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 consular and each United States consular agent’s district in Mada- gascar. Such courts shall consist of the United States consular officer of the district and a Malagasy officer appointed by Her Maj- esty’s Government for the purpose, for each district. MADAGASCAR 1881. 1069 11. The inferior courts shall have original jurisdiction of civil cases where the sum claimed does not exceed five hundred dollars ($500) or imprisonment 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 the two governments, at the option of the party appealing, in the manner provided in said “ Code of Rules.” 13. In the trial of actions in these coui’ts, the native judge shall preside and have the prevailing voice in the decisions when United States citizens or protegfe are the plaintiffs, and vice versa when they are defendants, that is, when subjects of the Queen are the plaintiffs the United States (consular or diplomatic) officer, as the case may be, shall preside and have the prevailing voice in the decisions. 14. But the presiding judge shall in every case counsel with and give due weight to the opinions of the associate judge before giving decisions. 15. It is agreed by the high contracting parties that any attempt to influence the decision of these judges, or any one of them, in a case on trial, or to be decided by them, except by arguments 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 pun- ished by the government to which he belongs, according to the grade of his crime. And if it shall be proved that a judge of these courts, of either nationality, shall have received a bribe to influence his decision in any case, he shall be dismissed from his office 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 officer of the United States, who shall be at the time residing in Madagascar, and one or more officers to be selected by Her Majesty’s Government, shall meet and together draw up a “ Code of Rules ” of proceedings 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 governments 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 proceedings in these courts. 17. It is agreed that the said “ Code of Rules ” shall follow, in so far as the laws and present status of things in Madagascar will admit, the rules of proceedings in United States consular courts in Mada- gascar; 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. 1070 TEEATIES, CONVENTIONS, ETC. how, and to whom appeals may be taken, and all other matters neces- sary for the intelligent working of such courts. And shall also con- tain forms for writs and other processes, and a tariff of fees. 18. In all cases of arrest permitted by this treaty now, and to be provided for by the “ Code of Rules,” the prisoners shall be, during their detention, treated with all the humanity consonant with the laws of civilized nations. Her Majesty’s Government will see that they are sipiplied with wholesome food and drink in sufficient quan- tity, and detained in healthy quarters, and that they are brought to trial in the shortest time possible consonant with the convenience 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 resides, the authority causing the arrest shall immediately inform the nearest United States consular officer of the fact and of the circum- stance 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 to submit the same to the decision of referees agreed upon by the parties. And in criminal cases, which are not of a heinous character, it shall be lawful for the parties aggrieved or concerned therein, with the assent of th.e 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 their legal claims against Her Majesty’s subjects; and United States con- sular officers will likewise render every assistance in collecting 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 premises of United States citizens or proteges, such premises 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 offence, and not bailable; and when a United States citizen shall be con- victed 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 protege he shall suffer such punishment as the Mala- gasy law awards for such crime when Her Majestiq-the Queen of Madagascar, shall have approved the judgment of the court. 24. When a United States citizen shall have been convicted of several minor offences, showing him to be a turbulent and intractable person, he shall, upon the request of the Government of her Majesty the Queen, be banished the country. MAD AG AS CAE. 1881. 1071 Abticle VII. 1. No United States vessel shall have communication with the shore before receiving pratique from the local authorities of Madagascar and producing a “ bill of health ” from the port 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 States vessels without a passport from Her Majesty’s Government. 3. In cases of mutiny on United States merchant vessels, or in cases of desertion from United States national or private vessels, the local authorities shall, on application, render all necessary 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. MTien a United States consular officer 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 reported to the governor, who shall re^Dort to the consular officer. 5. For the services required by this article for arresting deserters, if such deserter be arrested, a fee of three dollars ($3) may be exacted for each deserter arrested, and five cents per English mile for the distance actually travelled by the police, and also such necessary ex- penses as may be incurred for food, ferrying, and imprisonment of the deserter. 6. And if discovered that such police did not do their utmost they shall be punished by the governor ; and if such police have done 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). Article VIII. 1. In case of a shipwreck of a United States vessel on the coast of Madagascar, or if any such vessel should be attacked or plundered 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 engaged in saving such vessel, and designate those who rescue lives and those who save goods. 3. And if such vessel be an abandoned one, then one-fourth of vessel 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 cents a day for soldiers and laborers, and one dollar a day for officers who superintend such help. 1072 TKEATIES, CONVENTIONS, ETC. 5. And if any vessel be wrecked or in distress, and the captain or crew do not demand assistance, being in a situation to do so, and consequently the Malagasy do not save anything, the governor and people will not be responsible. 6. However, in case the captain or crew demand assistance, or are in a situation where making such a demand is impossible, and it is known that the governor did not do his utmost to move the people to save such vessel and cargo, he shall be punished according to the laws of Madagascar. 7. The same protection shall be granted to Malagasy vessels at- tacked or plundered in the waters of the United States of America. Article IX. 1. American goods may be landed in bond to be reshipped to other ports without payment of duties, under the following 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 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 in- voice 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 officei's shall verify by inspection the goods when landed with the invoice or manifest; then the owner, consignee, or master of the vessel, as the case may be, shall execute a bond payable to the governor or collector of customs, as ma}'^ 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 will be entitled to the return of his bond, or if the goods or any part of them are lack- ing, he must pay the duty established by Article IV. on such as are not found and reshipped, which will equally entitle 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 useful mechanical and agricultural industries therein, and thereby to pro- mote the best interests of commerce and Christian civilization by adojition and application of such modern improvements and aiipli- ances 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 objects, should any United States citizens or proteges of good character, and possessing the requisite qualifications for the special business proposed, desire to engage in such industries in Madagascar by investment of capital or labor, or in teaching the people how to apply the modern improve- ments in the prosecution of the industries, their applications to the MADAGASCAB — 1881. 1073 government will be favorably received, and their propositions liber- ally entertained; and if they and the government can agree upon terms, they will be permitted to engage in such avocations by con- tracts, grants, commissions or salaries. Article XI. 1. It is agreed between the high contracting parties that the levy of taxes on United States citizens, as hereinbefore provided for condi- tionally in Article III., section 13, shall never be at a higher rate than shall be levied upon Her Majesty’s subjects for the same pur- poses and upon like values, except the special land tax hereinbefore provided for in Article III., section 12. 2. United States citizens and proteges shall not be deprived of any privileges relinquished by this treaty unless the same restrictions 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 submit- ted to both the Government of the United States of America and Her Majesty, the Queen of Madagascar, for ratification; and such ratifi- cation be exchanged within one year from date of ratification at Antananarivo. 2. Should it at any future time seem desirable in the interests of either of the contracting parties to alter or add to the present treaty, such alterations or adclitions 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 thou- sand eight hundred and eighty-one. [seal.] W. W. Robinson, United States Consul for Madagascar. [seal.] Ravoninahitriniarivo, 15th Honor Officer of the Palace., Chief Secretary of State for Foreign Affairs. In the name of Her Majesty Ranavalomanjaka, Queen of Madagas- car, and by Her Royal Command and authority. We, Her Majesty’s duly empowered Ambassadors Plenipotentiary hereby ratify and con- firm the within treaty and every part thereof. March twelfth, 1883. [seal.] Ravoninahitriniarivo, 15 Vtra 0. D. P. Chief Secretary of State for Foreign Affairs., Chief Ambassador of H. M. the Queen of MadagoLScar. Ramanirka, Ilf. Vtra 0. D. P. Member of the Privy Council, Ambassador of H. M. the Queen of Madagascar. 24449— VOL 1—10 68 MASKAT (SEE MUSCAT.) MECKLENBURG-SCHWERIN. (SEE NORTH GERMAN UNION.) 1847. Treaty of Commerce and Navigation. C oncluded Decernher 9, 1847; ratification advised hy the Senate May 18. 1848; ratified hy the President May 20. 1848; vroclaimed Avgust 2, 1848. Articles. I. Freedom of commerce. II. Coasting trade. III. No preference tb vessels import- ing. IV. Shipwrecks. V. Extent of shipping privileges. VI. Duties on imports and exports. VII. Most favored nation commercial privileges. VIII. Duties on cotton, rice, tobacco, and whale-oil. IX. Consular officers and functions. X. Trade and property rights. XI. Duration ; increase of duties. DECLARATION. llTiereas a treaty of commerce and navigation between the United States of America and His Majesty the King of Hanover was con- cluded 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 Gov- ernments ; 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 official 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 Royal 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 con- tained, as far as the same are or may be applicable to the two coun- 1074 MECKIiENBURG-SCHWEKIN 1847. 1075 tries, and to become a party thereto, and has expressed its readiness to confer similar 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 Mecklen- burg-SchAverin, in its anxiety to avoid the possibility of a miscon- ception hereafter of the nature and extent of the favours differing essentially from those of Hanover, which it consents to bestoAV 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 Avhich 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, from time to time, lawfully imported into the United States in their own vessels, may also be imported in the vessels of the Grand Duchy of Mecklenburg-SchAverin, and no higher or other duties upon the ton- nage 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, whatei^er kind of produce, manufacture, or merchandise of any foreign country can be, from time to time, law- fully imported 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 A^essel shall be levied or collected, Avhether the importation be made in vessels of the one party or the other. WhateA’er may be lawfully exported or re-exported by one party in its own vessels to any foreign country may in like manner be ex- ported or re-exported in the i^essels of the other ; and the same duties, bounties, and drawbacks shall be collected and allowed, Avhether 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 one party on vessels of the other than are or shall be payable in the same ports by national vessels. Article II. The preceding article is not applicable to the coasting trade and navigation of the high contracting parties, which are respectively reserved by each exclusively to its own subjects or citizens. Article III. No priority or preference shall be given by either of the contract- ing parties, nor by any company, corporation, or agent acting on their behalf or under their authority, in the purchase of any article of commerce lawfully imported on account of or in reference to the national character of the A^essel, whether it be of the one party or of the other in which such article was imported. 1076 TREATIES, CONVENTIONS, ETC. Article IV. The ancient and barbarous right to wrecks of the sea shall remain entirely abolished with respect to the property belonging to the sub- jects or citizens of the high contracting parties. IVlien any vessel of either party shall be wrecked, stranded, or otherwise damaged on the coasts or within the dominions of the other, their respective citizens or subjects shall receive, as well for themselves as for their vessels and effects, the same assistance which would be due to the inhabitants of the country where the accident happens. They shall be liable to pay the same charges and dues of salvage as the said inhabitants would be liable to pay in a like case. If the operations of repair shall require that the whole or any part of 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 such as are payable in the like case by national vessels. It is nevertheless understood that if, whilst the vessel is under repair, the cargo shall be unladen, and kept in a place of deposite destined to receive goods, the duties on which have not been paid the cargo shall be liable to the charges and fees lawfully due to the keep- ers of such warehouse. Article V. The privileges secured by the present treaty to the respective ves- sels of the high contracting parties shall only extend to such as are built within their respective territories, or lawfully condemned as prizes of war, or adjudged to be fortified for a breach of the mu- nicipal 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 Meck- lenburg-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 imposed on the importation into the Grand Duchy of Mecklenburg-Schwerin of any articles 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 Mecklenburg-Schwerin, or in Mecklenburg-Schwerin on the ex- portation 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. MECKLENBUllG-SCHWEKIN 1847. 1077 No prohibition shall be imposed on the importation or exportation 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, from 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. Aeticle VII. The high contracting parties engage mutually not to grant any par- ticular favor to other nations in respect of navigation and duties of customs, which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession was freely made, or bn allowing a compensation as near as possible, if the con- cession was conditional. Article VIII. In order to augment by all the means at its bestowal the commer- cial relations between the United States and Germany, the Grand Duchy of Mecklenburg-Schwerin agrees, subject to the reservation in article eleventh, to abolish the import duty on raw 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 thaler and two schillings for one hundred pounds, Hamburg weight, (equal to seventy cents United States currency and weight;) to 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, Hamburg 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 their movement 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-men- tioned articles when conveyed through the ports of the country. It is understood, however, that nothing herein contained shall pro- hibit the levying of a duty sufficient for control, which in no in- stance 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. )| Article IX. The high contracting parties grant to each other the liberty of hav- ing, each in the ports of the other. Consuls, Vice-Consuls, Commer- cial Agents, and Vice-Commercial Agents of their own appointment, who shall enjoy the same privileges and powers as those of the most favoured 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, Commercial and Vice-Commercial Agents shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the masters and crews of the 1078 TREATIES, CONVENTIONS, ETC. vessel belonging to the nation whose interests are committed to their charge without the interference of the local authorities, unless the conduct of the crews or of the captain should disturb the order or tranquillity of the country or the said Consuls, Vice-Consuls, Com- mercial Agents, or Vice-Commercial Agents should require their as- sistance 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, Commercial Agents, and Vice- Commercial Agents are" authorized to require the assistance of the local authorities for the search, arrest, 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 muster-rolls of the crews, or by any other olficial 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-Commer- cial 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 be- fore which his case shall be pending shall have pronounced its sen- tence and such sentence shall have been carried into effect. Article X. The subjects and citizens of the high contracting parties shall be permitted to sojourn and reside in all parts whatsoever of the said territories, in order to attend to their affairs, and also to hire and occupy houses and warehouses for the purpose of their commerce, provicled they submit to the laws, as well general as special, relative to the right of residing and trading. Vdiilst they conform to the laws and regulations jn 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 consignment 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 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 employ, in defence of their rights, such advocates, attornej'S, and other agents as they may judge proper. MECKLENBUEG-SCHWERIN — 1841. 1079 The citizens or subjects of each party shall have power to dispose of their personal property within the jurisdiction 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 property is situated shall be subject to pay in like cases. In the case of the absence of the per- sonal 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 them 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, Avere he not dis- qualified by alienage, such citizen or subject shall be allowed a reason- able 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 Avhich the citizens or subjects of the respec- tive parties, in changing their residence, shall be desirous of I'emoving 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 the end of twelve months after the Government of Mecklenburg-Schwerin 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 Grand Duchy of Mecklenburg- ScliAverin shall deem it expedient, or find it compulsory, during the said term, to levy a duty on paddy, or rice in the husk, or augment the duties upon leaves, strips, or stems of tobacco, on whale-oil and rice, mentioned in Article VIII (eight) of the present treaty, the Government of Mecklenburg-Schwerin shall give 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 Mecklenburg-ScliAverin, 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 part of Mecklenburg-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 1080 TKEATIES, CONVENTIONS, ETC. 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 declaration 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 affixed their names and seals. Done at Schwerin this 9th (ninth) day of December, 1847. [seal.] a. Dudley Mann, [seal.] L. of Lutzow. 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 Article Thereto of November 16, 1852. Dated November 26, 1853, • 'proclaimed Ja'auary 6, 1851^. Whereas a treaty for the reciprocal extradition of fugitive crimi- nals, in special cases, was concluded between Prussia and other States of the Germanic Confederation on the one hand, and the United States of North America on the other, under date of June 16th, 1852, at Washington, by the Plenipotentiaries of the contracting parties, and has been ratified by the contracting Governments; and whereas, in the second article of the same, the United States of North America have declared that they agree that the stipulations of the aforesaid treaty shall be applicable to every other State of the Germanic Con- federation which shall have subsequently declared its accession to the treaty: Now, therefore, in accordance therewith, the Government of His Royal Idighness the Grand Duke of Mecklenburg-Schwerin hereby declares, through the undersigned Grand Ducal Minister of Foreign Affairs, its accession to the aforesaid treaty of June 16th, 1852, which is, word for word, as follows: [The original declaration here includes a copy, in German and English, of the treaty of June 16, 1852, and of the additional article thereto of November 16, 1852.] 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 Royal Highness the Grand Duke of Mecklenburg- Schwerin, has executed this declaration of accession, and caused the Ministerial seal to be thereunto affixed. Done at Schwerin, November 26th, 1853. [seal.] Gr. V. Bulow, Grand Duccd Minister of Foreign Affairs of Mecklenburg -Sch'werin. MECKLENBURG-STRELITZ. 1853. Declaration of Accession to the Convention for 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. Dated December 2, 1853; 'proclaimed January 26, 1854-. Whereas a treaty for the reciprocal extradition of fugitive crimi- nals, 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 o]f June 16th, 1852, at Washington, by the Plenipotentiaries of the contracting parties, and has been ratified by the contracting Governments; and whereas, in the second article of the same, the United States of North America have declared that they agree that the stipulations of the aforesaid treaty shall be applicable to every other State of the Germanic Con- federation which shall have subsequently declared its accession to the treaty: Now, therefore, in accordance therewith, the Government of His Royal Highness the Grand Duke of Mecklenburg-Strelitz, hereby declares its accession to the aforesaid treaty of June 6th, 1852, which is, word for word, as follows: [The original declaration here includes a copy, in German, of the treaty of June 16, 1852.] and hereby expressly gives assurance that each and every article and stipulation of this treaty shall be faithfully observed and enforced within the territory of the Grand Duchy of Mecklenburg-Strelitz. In testimony whereof the undersigned Grand Ducal Minister of State, in the name of His Royal Plighness the Grand Duke of Meck- lenburg-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. Kandorff, Grand Ducal Minister of State. Drischow. 1081 MEXICO. 1828.“ Treaty of Limits. Concluded January 12, 1828; rati-ftcation advised hy the Senate ApHl If., 1832; ratif,ed hy the President April 5, 1832; ratifications exchanged Apnl 6, 1832; proclaimed April 6, 1832. Articles. I. Boundary. I III. Commissioners. II. Boundary line. I IV. Ratification. The limits of the United States of America with the bordering territories of Mexico having been fixed and designated by a solemn treaty, concluded and signed at Washington on the twenty-second day of February, in the year of our Lord one thousand eight hun- dred and nineteen, betiveen 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 Mexi- can States : With this intention, the President of the United States of America has appointed Joel Roberts Poinsett their Plenipotentiary, and the President of the United Mexican States their Excellencies Sebastian Camacho and Jose Ygnacio Esteva; And the said Plenipotentiaries, having exchanged their full powers, have agreed upon and concluded the following articles: Article I. The dividing limits of the respective bordering territories of the United 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 Feb- ruary, in the year one thousand eight hundred and nineteen, the two “ The commissiou referred to in this treaty was never appointed. The acces- sion of Texas and the war between the United States and Mexico rendered the treaty inoperative. 1082 MEXICO — ^1828. 1083 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: Article II. The boundary line between the two countries west of the Missis- sippi shall begin on the Gulf of Mexico, at the mouth of the river Sabine, in the sea, continuing north along the western bank of that river to the thirty-second degree of latitude; thence by a line due north to the degree of latitude where it strikes the Rio Roxo of Natchitoches, or Red River; then following the course of the Rio Roxo westward to the degree of longitude one hundred west from London and twenty -three from Washington; then crossing the said Red River, 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 in Melish’s map of the United States, published at Philadelphia, improved to the first of January, one thousand eight hundred eighteen. But if the source of the Arkansas River 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 Red and Arkansas Rivers, throughout the course thus described, to belong to the United States of America ; but the use of the waters and the navigation of the Sabine to the sea, and of the said rivers Roxo and Arkansas, throughout the extent of the said boundary on their re- spective banks, shall be common to the respective inhabitants of both nations. The two high contracting parties agree to cede and renounce all their rights, claims, and pretensions to the territories described by the said line; that is to say, the United States hereby cede to His Catholic Majesty, and renounce forever, all their rights, claims, and jiretensions to the territories lying west and south of the above- described line; and, in like manner. His Catholic Majesty cedes to the said United States all his rights, claims, and pretensions to any ter- ritories east and north of the said line; and, for himself, his heirs, and successors, renounces all claim to the said territories forever. Article III. To fix this line with more precision and to place the landmarks which shall designate exactly the limits of both nations, each of the contracting parties shall appoint a commissioner and a surveyor, who shall meet before the termination of one year from the date of the ratification of this treaty, at Natchitoches, on the Red River, and proceed to run and mark the said line, from the mouth of the Sabine to the Red River, and from the Red River to the river Arkansas, and to ascertain the latitude of the source of the said river Arkansas, in conformity 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 1084 TREATIES, CONVENTIONS, ETC. by them shall be considered as part of this treaty, and shall have the same force as if it were inserted therein. The two Governments will amicably agree respecting the necessary articles to be furnished to those persons, and also as to their respective escorts, should such be deemed necessary. Article IV. The present treaty shall be ratified, and the ratifications shall be exchanged at Washington, within the term of four months, or sooner if possible. In witness whereof we, the respective Plenipotentiaries, have signed the same and have hereunto affixed our respective seals. Done at Mexico this twelfth day of January, in the year of our Lord one thousand eight hundred and twenty-eight, in the fifty- second year of the Independence of the United States of America, and in the eighth of that of the United Mexican States. [seal.] J. R. Poinsett, [seal.] S. Camacho, [seal.] J. Y. Esteva. 1831.“ Treaty of Limits. Concluded Apnl 5, 1831; ratification advised hy the Senate April If., 1832; ratified hy the President Apnl 5, 1832; ratifications ex- changed April J, 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 of America and the United Mexican States, signed in Mexico on the twelfth day of January, one thousand eight hundred and twenty- eight, and both Republics being desirous that it should be carried into full and complete effect, with all due solemnity, the President of the United States of America has fully empowered, on his part, Anthony Butler, a citizen thereof, and Charge 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 em- powered, on his part, their Excellencies Lpcas Alaman, Secretary of State and Foreign Relations, and Rafael Mangino, Secretary of the Treasury; Who, after having exchanged their mutual powers, found to be ample and in form, have agreed, and do hereby agree, on the follow- ing article: The ratifications of the treaty of limits concluded on the twelfth of January, one thousand eight hundred and twenty-eight, shall be exchanged at the city of Washington within the term of one year, counting from the date of this agreement, and sooner should it be possible. “This extension treaty expired with the treaty of 1828. MEXICO — 1831. 1085 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 Constitutions 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.] a. Butler. [seal.] Lucas Alaman. [seal.] Rafael Mangino. 1831.“ Treaty of Amity, Commerce, and Navigation. Conchided April 5, 1831; ratification advised hy the Senate March, 23, 1832; ratifed hy the President April 5 ,1832 ; ratif cations exchanged April 5, 1832; proclaimed April 5, 1832. Articles. I. Amity. II. Most favored nation. III. Entry into ports. IV. Duties on imports. V. Tonnage duties. VI. Drawbacks. VII. Reciprocal privileges of citizens. VIII. Embargo. IX. Military service. X. Asylum for vessels. XI. Pirates. XII. Shipwrecks. XIII. Succession to personal estate. XIV. Protection to persons and prop- erty. XV. Religious liberty. XVI. Free ships ; free goods. XVII. Neutral flag over enemy’s prop- erty. XVIII. Contraband. XIX. Blockade. XX. Contraband liable to confis- cation. XXI. Notice of blockade. XXII. Examination of vessels at sea XXIII. Sea letters. XXIV. Vessels under convoy. XXV. Prize courts. XXVI. War. XXVII. Jlinisters. XXVIII. Consuls. XXIX. Consuls. XXX. Deserters. XXXI. Consular convention. XXXII. Interior commerce. XXXIII. Indian hostilities. XXXIV. Duration ; ratification. The United States of America and the United Mexican States, de- siring to establish upon a firm basis the relations of friendship that so happily subsist between the two Republics, have determined to fix in a clear and positive manner the rules which shall in future be religiously observed between both, by means of a treaty of amity, commerce, and navigation. For which important object the Presi- “ ® The operation of this treaty was suspended by war between the parties in 1846-47, but was revived with some exceptions hy article 17 of the treaty of February 2, 1848. Article XXXIII was abrogated by the second article of the treaty of December 30, 1853, and the entire treaty was finally terminated November 30, 1881, by virtue of notice given by Mexico.” — J. Q. Bancroft Davis’ Notes to Treaties and Conventions, 1889, p. 1234. Atocha V. U. S. (8 Ct. Cls., 427). 1086 TREATIES, CONVENTIONS, ETC. dent of the United States of America has appointed Anthony But- ler, 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 Ex- cellency Lucas Alaman, Secretary of State for Home and Foreign Affairs, and His Excellency Rafael Mangino, Secretary of the Treasury ; And the aforesaid Plenipotentiaries, after having compared and exchanged in due form their several powers as aforesaid, have agreed upon the following articles: Article I. There shall be a firm, inviolable, and universal peace and a true and sincere friendship between the United States of America and the United Mexican States in all the extent of their possessions and territories, and between their people and citizens respectively, with- out distinction of persons or places. Article II. The United States of America and the United Mexican States, de- signing to take for the basis 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 to all such places, ports, and 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, gen- erally, 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 Avhatsoever, than those which the most favored nations are or may be obliged to pay; and shall enjoy all the rights, privileges, and exemp- tions, 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 coasting trade, which is permitted to national vessels only. Articije IV. No higher or other duties shall be imposed on the importation into the United Mexican States of any article, the produce, growth, or MEXICO — 1831. 1087 manufacture of the United States of America, than those which the same or like articles, the produce, groAvth, or manufacture of any other foreign country do now or may hereafter pay; nor shall articles, the produce, growth, or manufacture of the United Mexican States, be subject, on their introduction into the United States of America, to higher or other duties than those which the same or like articles of any other foreign country do now or may hereafter pay. Higher duties shall not be imposed in the respective States on the exportation of any article to the States of the other contracting party, than those which are now or may hereafter be paid on the exportation of the like articles to any other foreign country ; nor shall any prohi- bition be established on the exportation or importation of any article, the produce, growth, or manufacture of the United States of America, or of the United Mexican States, respectively, in either of them, which shall not in like manner be established with respect to other foreign countries. Article V. No higher or other duties or charges on account of tonnage, light or harbour dues, pilotage, salvage in case of damage or shipwreck, or any other local charges, shall be imposed in any of the ports of Mexico on vessels of the United States of America than those paj'able in the same ports by Mexican vessels; nor in the ports of the United States of America on Mexican vessels than shall be payable in the same ports on vessels of the United States of America. Article VI. The same duties shall be paid on the importation into the United Mexican States, of any article, the growth, produce, or manufacture of the United States of America, whether such importation shall be in Mexican vessels or in vessels of the United States of America; and the same duties shall be paid on the 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 vessels. The same duties shall be paid and the same bounties and drawbacks allowed on the exiiortation to Mexico of any articles, the growth, produce, or manufacture of the United States of America, whether such exportation shall be in Mexi- can A’^essels 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, whether such exportation shall be in vessels of the United States of America or in ^Mexican vessels. Article VII. All merchants, captains, or commanders of vessels, and other citi- zens of the United States of America, shall have full liberty in the United Mexican States to direct or manage themselves their oivn affairs, or to commit them to the management of whomsoever they may think proper, either as broker, factor, agent, or interpreter ; nor shall they be obliged to employ for the aforesaid purposes any other persons than those employed by Mexicans, nor to pay them higher 1088 TBEATIES, CONVENTIONS, ETC. salaries or remuneration than such as are in like cases paid by Mexi- cans ; 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 mer- chandise imported into, or exported from, the United Mexican States, as they may think proper ; observing the laws, usages, and customs of the country. The citizens of Mexico shall enjoy the same privileges in the States and Territories of the United States of America, being subject to the same conditions. Article VIII. The citizens of neither of the contracting parties shall be liable to any embargo; nor shall their vessels, cargoes, merchandise, or effects, be detained for any military expedition, nor for any public or private purpose whatsoever, without corresponding compensation. Article IX. The citizens of both countries, respectively, shall be exempt from compulsory service in the army or navy ; nor shall they be subjected to any other 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 forced to seek refuge or asylum in the rivers, bays, ports, or 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, with the precautions which may be deemed expedient on the part of the respective Govern- ments in order to avoid fraud, giving to them all favor and protection for repairing their vessels, procuring provisions, and placing them- selves in a situation to continue their voyage without obstacle or hindrance of any kind. Article XI. All vessels, merchandise, or effects, belonging to the citizens of one of the contracting parties, which may be captured by pirates, whether within the limits of its jurisdiction, or on 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 owners, they proving, in due and proper form, their rights before the competent 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 respec- tive Governments. Article XII. When any vessel belonging to the citizens of either of the contract- ing parties shall be wrecked, foundered, or shall suffer any damage on the coasts or within the dominions of the other, there shall be given to it all the assistance and protection in the same manner which MEXICO — ^1831. 1089 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, 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 contribution whatever, until they be exported. Aeticle XIIL In whatever relates to the succession of [personal] estates, either by will or ah intestato [and the rights of] disposal of such property, of whatever sort or denomination it may be, by sale, donation, ex- change, 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 respects, 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 other, of all occupations, who may be in their 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 cus- tomary 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 jiroper, in all their trials at law ; and the citizens of either party, or their agents, shall enjoy, in every respect, the same rights and privi- leges, either in prosecuting or defending their rights of person or of property, as the citizens of the country where the cause may be tried. Article XV. The citizens of the United States of America residing in the United Mexican States shall enjoy in their houses, persons, and properties the protection of the Government, with the most perfect security and liberty of conscience; they shall not be disturbed or molested, in any manner, on account of their religion, so long as they respect the Constitution, the laws, and established usages of the country where they reside; and they shall also enjoy the privilege of burying the dead in places which now are, or may hereafter be assigned for that purpose ; nor shall the funerals or sepulchres of the dead be dis- turbed in any manner, nor under any pretext. The citizens of the United Mexican States shall enjoy, throughout all the States and Territories of the United States of America, the same protection; and shall be allowed the free exercise of their re- ligion, in public or in private, either within their own houses, or in the chapels or places of worship set apart for that purpose. 24449— VOL 1—10 69 1090 TREATIES, CONVENTIONS, ETC. Article XVI. It shall be lawful for the citizens of the United States of America and of the United Mexican States, respectively, to sail with their vessels with all manner of security and liberty, no distinction 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 Mexi- can States. It shall likewise be lawful for the aforesaid citizens re- spectively to sail with their vessels 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 same Government or under several ; and it is hereby stipulated that free ships shall also give freedom to goods; and that everything shall be deemed free and exempt which shall be found on board the vessels belonging to the citizens of either of the contracting parties, although the whole lading or any part thereof should appertain to the enemies of either, contraband goods being always excepted. It is also agreed that the same liberty be extended to persons who are on board a free vessel, so that, although they be enemies to either party, they shall not be made prisoners, or taken out of that free vessel, unless they are soldiers, and in the actual service of the enemy. By the stip- ulation that the flag shall cover the property, the two contracting parties agree that this shall be so understood with respect to those Powers who recognize this principle; but if either of the two con- tracting 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 acknowledge this principle, and not of others. Article XVII. It is likewise agreed that in the case where the neutral flag of one of the contracting parties shall protect the property of the enemies of the other, by virtue of the above stipulation, it shall be always 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 prop- erty as was put on board such vessel before the declaration of war, or even afterwards, if it were done without the knowledge of it ; but the contracting parties agree that 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 j^rotect the enemy’s property, in that case the goods and merchandises embarked in such enemy’s vessel shall be free. Article XVIII. This liberty of commerce and navigation shall extend to all kinds of merchandise, excepting those only which are distinguished by the name of contraband; and under this name of contraband or pro- MEXICO — ^1831. 1091 hibited goods shall be comprehended; first, cannons, mortars, howit- zers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberts, and granades, bombs, powder, matches, balls, and all other things belonging to the use of these arms; secondly, bucklers, helmets, breast-plates, coats of mail, infantry belts, and clothes made up in a military form, and for a military use; thirdly, cavalry belts and horses with their furniture; fourthly, and generally, all kinds of arms, and instruments or iron, steel, brass, and copper, or of any other materials, manufactured, prepared, and formed expressly to make war by sea or land. Article XIX. All other merchandise and things not comprehended in the articles of contraband expressly enumerated and classified as above, shall be held and considered as free and subjects of free and lawful com- merce, so that they may be carried and transported in the freest manner by both the contracting parties, even to places belonging to an enemy, excepting only those places which are at that time be- sieged or blockaded; and to avoid all doubt in that particular, it is declared that those places only are besieged or blockaded which are actually besieged or blockaded by a belligerent force capable of pre- venting the entry of the neutral. Article XX The articles of contraband before enumerated and classified, which may be found in a vessel bound for an enemy’s port, shall be subject to detention and confiscation, leaving free the rest of the cargo and the vessel, that the owners may dispose of them as they see proper. No vessels of either of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great and of so large a bulk that they cannot be re- ceived on board the capturing vessel without great inconvenience ; but in this, and in all other cases of just detention, the vessel de- tained shall be sent to the nearest convenient and safe port for trial and judgment, according to law. Article XXI. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without konwing that the same is be- sieged, blockaded, or invested, it is agreed that every vessel so sit- uated 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 con- fiscated, unless, after warning of such blockade or investment from the commanding officer of the blockading force, she should again attempt to enter the aforesaid port; but she shall be permitted to go to any other port or place she may think proper. Nor shall any vessel of either of the contracting parties that may have entered into such port before the same was actually besieged, blockaded, or in- vested by the other, be restrained from quitting such place with her 1092 TEEATIES, CONVENTIONS, ETO. cargo; nor if found therein after the surrender shall such vessel or her cargo be liable to confiscation, but she shall be restored to the owner thereof. Article XXII. In order to prevent all kinds of disorder in the visiting and exami- nation of the vessels and cargoes of both the contracting parties on the high seas, they have agreed, mutually, 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, wifliout 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 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 what- soever. 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 vessels belonging to the citizens of the other must be furnished with sea-letters or passports, expressing the name, property, and bulk of the vessel, and also the name and place of habitation of the master or commander 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 contract- ing 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 certifi- cate shall be made out by the officers of the place whence the vessel sailed, in the accustomed form; without which requisites the said vessel may be detained, to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be satis- fied 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 the visiting and examination of vessels, shall apply only to those which sail without convoy ; and when said vessels are under convoy, the verbal declf#'ation of the commander of the convoy, or his word of honor, that the vessels under his protection belong to the nation whose flag he carries, and when they are bound to an enemy’s port that they have no contraband goods on board, shall be sufficient. MEXICO — 1831. 1093 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, 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 reason or motives on which the same shall have been founded; and an authenticated copy of the sentence or decree, in conformity with the laws and usages of the country, and of all the proceedings of the case, shall, if demanded, be deliv- ered 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 States, it is agreed, now for then, that if there should be at any time hereafter an interruption of the friendly relations which now exist, or a war unhappily break out between the two contracting parties, there shall be allowed the term of six months to the merchants residing on the coast, and one year to those residing in the interior of the States and territories of each other respectively, to arrange their business, dis- pose of their effects, or transport them wheresoever they may please, giving them a safe-conduct to protect them to the port they may designate. Those citizens who may be established in the States and territories aforesaid, exercising any other occupation or trade, shall be permitted to remain in the uninterrupted enjoyment of their liberty and property, so long as they conduct themselves peaceably, and do not commit any offence against the laws ; and their goods and effects, of whatever class and condition they may be, shall not be subject to any embargo or sequestration whatever, nor to any charge nor tax other than may be established upon similar goods and effects belonging to the citizens of the State in which they reside respec- tively; 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 in- equality 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 exemp- tions 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. 1094 TEEATIES, CONVENTIONS, ETC. 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 consular 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 foreign commerce, who shall enjoy therein all the rights, prerogatives, and immunities of the Consuls and Vice-Con- suls of the most favored nation, each of the contracting parties re- maining at liberty to except those ports and places in which the admission and residence of such Consuls and Vice-Consuls may not seem expedient. Article XXIX. It is likewise agreed that the Consuls, Vice-Consuls, their secre- taries, officers and persons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempt from all 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 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 everjdhing besides subject to the laws of their respective States. The archives and papers of the consulates shall be respected in- violably, and Under no pretext whatever shall any magistrate seize or in any way interfere with them. Article XXX. The said Consuls shall have power to require the assistance of the authorities of the country, for the arrest, detention, and custody of deserters from the public and private vessels of their country; and for that purpose, they shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writ- ing, 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. “ This article was abrogated by the second article of the treaty of December 30, 1853 MEXICO — 1831. 1095 Article XXXI. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit, to form a consular conven- tion, which shall declare specially the powers and immunities 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 Republics, 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 commerce shall be conducted; and in all cases where the caravans employed in such commerce may require convoy and protection by military escort, the Supreme Executive of each nation shall, by mutual agreement, in like manner, fix on the period of departure for such caravans, and the point at which the military escort of the two nations shall be exchanged. And it is further agreed, that, until the regulations for governing this interior commerce between the two nations shall be established, the commercial intercourse between the State of Mis- souri of the United States of America, and New Mexico in the United Mexican States, shall be conducted as heretofore, each Gov- ernment atfording 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 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 expressly 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 residing 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 or persons, captured by the Indians who inhabit the territory of either of the contracting parties, being or having been carried into the territories of the other, both Govern- ments 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 ex- penses incurred in the transmission and maintenance of such person 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. 1096 TEEATIES, CONVENTIONS, ETC. Nor 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 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 naviga- tion, shall altogether cease and determine, and in all those parts which relate to peace and friendship, it shall be permanently and perpetu- ally binding on both the contracting parties. Secondly. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizens shall be held personally responsible for the same; and the harmony and good correspondence between the two nations shall not be interrupted thereby; each party engaging in no way to protect the offender, or sanction such violation. Thirdly. If (what indeed cannot be expected) any of the articles contained in the present treaty shall be violated or infracted in any manner whatever, it is 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 proofs, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed. Fourthly. Nothing in this treaty contained shall, however, be con- strued to operate contrary to former and existing public treaties with other Sovereigns or States. The present treaty of amity, commerce, and navigation shall be ap- proved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the Vice-President of the United Mexican States, with the consent and approbation of the Congress thereof; and the ratifications 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 on the fifth day of April, in the year of our Lord one thousand eight hundred and thirty-one. MEXICO — 1831. 1097 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,.] * A. Butler. [seal.] Lucas Alaman. [seal.] Rafael Mangino. ADDITIONAL ARTICLE. lYhereas, in the present state of the Mexican shipping, it would not be possible for Mexico to receive the full advantage of the reci- procity established in the fifth and sixth articles of the treaty signed this day, it is agreed that for the term of six years, the stipulations contained in the said articles shall be suspended ; and in lieu thereof, it is hereby agreed, that, until the expiration of the said term of six 3'^ears, 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 manufacture of the most favored nation; and, reciprocally, it is agreed that Mexican vessels entering into the ports of the United States of America, and all articles the growth, produce, or manufacture of the United Mexican States, imported in such vessels, shall pay no other or higher duties than are, or may hereafter be, payable in the said ports by the vessels and the like articles the growth, produce, or manufacture of the most favored nation ; and that no higher duties shall be paid, or bounties or drawbacks allowed, on the exportation of any article the growth, produce, or manufacture of either country, in the vessels of the other, than upon the exportation of the like articles in the vessels of any other foreign country. The present additional article shall have the same force and value as 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 hun- dred anc [seal, [seal, [seal. thirty-one. A. Butler. Lucas Alaman. Rafael Mangino. 1831. Protocol Concerning the Treaty of Amity, Commerce and Navigation of 1831. Concluded September 7, 1831. Protocol of a conference had on the 7th of September, 1831, between Anthony Butler, Plenipotentiary on the part of the United States of America, and their Excellency’s Lucas Alaman and Raphael Man- gino, Plenipotentiaries for the United Mexican States. 1098 TREATIES, CONVENTIONS, ETC. The undersigned Plenipotentiaries having assembled in the Office of the Secretary of State for foreign affairs proceeded to consider the articles 7th and 13th of the Treaty of Amity, commerce and navi- gation concluded by the undersigned Plenipotentiaries, and also that part of the 3d article of the said Treaty contained in the following words : “ to trade therein in all sorts of produce, manufactures and merchandise ; ” These articles 7.th and 13. th and that part of the 3.d abovementioned having been suspended by the Chamber of Deputies of the Congress of the United Mexican States, untill the undersigned shall have determined upon the construction which the said articles shall receive in regard to the rights of Commerce that may be enjoyed by the citizens of each of the high contracting parties. After free and mature deliberation, the undersigned have agreed that the con- struction to be given to the above mentiond articles, shall in no matter restrain the power possessed by each nation respectively of regulating sales by retail of goods, wares and merchandize within their respective States and Territories. And to remove all doubts as to the object designed to be effected by the said Treaty in regard to the several branches which it embraces. The Plenipotentiaries agree that the above-mentioned articles so far as they relate to the Com- mercial intercourse conductd. by the citizens of their respective Countries, it shall be reciprocal and equal reserving however to the United States of America, and to the United Mexican States, full power and entire liberty to regulate commerce of retail, by means of their respective Legislatures in conformity with what each party may consider as the interest of their own citizens, without being restrained by any stipulation contained in the above mentioned Treaty of Amity, Commerce, and Navigation, provided that the Measures adopted by the Legislature of either party, shall be general in their operations and extend equally to the subjects and Citizens of all other nations who maintain commercial relations with the high contracting parties in conformity with the principle of “ the most favored Nation, ” establishd. on a reciprocal basis in the Treaty of Amity, Commerce and Navigation concluded by the undersigned Plenipo- tentiaries and signed on the 6th April of the present year, and of which Treaty the abovementiond. articles 3d., 7th and 13 form a part. In testimony of which the undersignd. have subscribed the present protocol in Mexico on the 7th, Sept.er in the year 1831. A. Butler Lucas Alaman Raphael Mangino 1831. Protocol Concerning the Treaty of Amity, Commerce and Navigation of 1831. Concluded December 17, 1831. Protocol of a conference held by their Excellencies the Secretaries of State for Home and Foreign Affairs, and of the Treasury, and Anthony Butler, Charge d’Affaires of the United States of America, Plenipotentiaries respectively of these States and of those, for the celebration of Treaties of Amity, Commerce Navigation and bound- ary between both Republics, the 17th day of Decbr, 1831. MEXICO — 1831-1835. 1099 On the 17th of Decbr, 1831, their Excellencies, Lucas Alaman, Sec- retary of State for Home and Foreign Affairs and Eaphael Mangino, Secretary of the Treasury, Plenipotentiaries appointed by the Vice President, in exercise of the executive power of these States, for the celebration of Treaties of Amity, Commerce and Navigation, and for the adjustment of a boundary with the United States of America, and Anthony Butler, Charge d’Affaires of the said States, and Pleni- potentiary appointed, for the same object, by the President of the said States, having met in the Office of the Secretary for Home and Foreign Affairs, the two former set forth, that the Treaty of Amity, Commerce and navigation, celebrated in this Capital by the under- signed Plenipotentiaries on the fifth of April of the present year, being approved by both Chambers of the General Congress of these States, with the exception of the 34th article, on the approval of which difficulties have occured, that have caused the deliberation re- specting it to be suspended and of the second additional article, which has been disapproved, having been considered unnecessary; and the additional article of the Treaty of Boundary, celebrated the 5th of April last, being also approved, the extraordinary Sessions of Con- gress have been closed, without a communication to the Executive of the Decree of approbation withheld solely by the difficulties which have occurred only with respect to the said 34th article; and the Plenipotentiaries, having conferred at large upon the particular, de- sirous on the one part and on the other, that no hindrance should be put to the conclusion of treaties, which, drawing closer the friendly relations that happily unite the two Reijublics, are equally beneficial to both, they agreed that, to remove every obstical which might em- barrass the attainment of this desired end, the before mentioned 34th article ought to be separated from the Treaty of Amity, Commerce and Navigation, it not having any necessary Connection with the other Stipulations of the said Treaty, and, in the place of it, ought to be substituted the 35th article, which would then become, by numeri- cal order, the 34th and the last; and that, besides, in the copy which should be made for the exchange of ratifications and the publication of the Treaty, the second additional article which has been disap- proved by the Congress of these States, should be suppressed. And it having been thus agreed and settled, for the due and suit- able proof of the same, it was equally settled that this Protocol should be written in duplicate, and be signed by the plenipotentiaries ; which they did accordingly in the day, month and year already mentioned. A. Butler Lucas Alaman Raphael Mangino 1835.“ Second Additional Article to Treaty of Limits of January 12, 1828. Concluded April 3, 1835; ratifications exchanged at W ashington 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 “ The commission referred to was not appointed and the treaty itself expired with the treaty of 1828. 1100 TREATIES, CONVENTIONS, ETC. America and the Mexican United States, for the purpose of estab- lishing 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 River, and proceed to run and mark said line from the mouth of the Sabine to the Red River, and from the Red River to the river Arkansas, and to ascertain the latitude of the source of said river Arkansas, in conformity to what is agreed upon and stipulated, and the line of latitude 42 to the South Sea. They shall make out plans, and keep journals of their proceedings, and the result agreed upon by them shall be considered as part of this treaty, and shall have the same force as if it were inserted therein. The two Governments will amicably agree respect- ing the necessary articles to be furnished to those persons, and also as to their respective escorts should such be deemed necessary : ” And the ratifications of said treaty having been exchanged in the city of Washington, on the 5th day of April, in the year of 1832, but from various causes the contracting parties have been unable to perform the stipulations contained in the above mentioned 3d article, and the period within which the said stipulations could have been executed has elapsed; and both Republics being desirous that the said treaty should be carried into effect with all due solemnity, the President of the United States of America has for that purpose fully empowered on his part Anthony Butler, a citizen thereof and Charge d’Affaires of said States in Mexico, and the acting President of the United Mexican States having in like manner fully empowered on his part their Excellencies Jose Maria Gutierrez de Estrada, Secretary of State for Home and Foreign Affairs, and Jose Mariano Blasco, Secretary of the Treasury ; and the said Plenipotentiaries, after hav- ing mutually exchanged 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 exchange of the ratifications of this said additional article, there shall be appointed by the Government of the United States of America and of the Mexican United States, each a commissioner and surveyor, for the purpose of fixing with more precision the dividing- line, and for establishing the landmarks of boundary and limits be- tween 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 additional article shall have the same force and effect as if it had been inserted word for word in the above-mentioned treaty of the 12th of January, 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 affixed their respective seals. Done in the city of Mexico on the third day of April, in the year of our Lord one thousand eight hundred and thirty-five, in the MEXICO — ^1835-1839. 1101 fifty-ninth year of the independence of the United States of America, and of the fifteenth of that of the United Mexican States. [seal.] a. Butler. [seal.] J. M. Gutierrez de Estrada, [seal.] Jose Mariano Blasco. 1839.“ Claims Convention.** Concluded April 11, 1839; ratiiication advised hy the Senate March 17, 18Ifi; ratijied hy the President April 6, 181^.0; ratifications ex- changed April 7, 18Jfi; proclaimed April 8, 18Ifi. Articles. I. Claims. II. Secretaries. III. Meeting. IV. Documents. V. Decision on justice of claims. VI. Payment. VII. Disagreement of commission. VIII. Umpire. IX. Umpire. X. Decision of umpire. XI. Payment. XII. Finality of decision. XIII. Expenses. XIV. Ratification. Whereas a convention for the adjustment of claims of citizens of the United States upon the Government of the Mexican Republic was concluded and signed at Washington on the 10th day of Septem- ber, 1838, which convention was not ratified on the part of the Mexi- can Government, 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, desirous of terminating the discussions which have taken place be- tween them in respect to said claims, arising from injuries to the persons and property of citizens of the United States by Mexican authorities, in a manner equally advantageous to the citizens of the United States, by whom said injuries have been sustained, and more convenient to Mexico than that provided by said convention : The President of the United States has named for this purpose, and furnished with full powers, John Forsyth, Secretary of State of the said United States ; and the President of the Mexican Republic has named His Excellency Senor Don Francisco Pizarro Martinez, accredited as Envoy Extraordinary and Minister Plenipotentiary of the Mexican Republic to the United States, and has furnished him with full powers for the same purpose ; And the said Plenipotentiaries have agreed upon and concluded the following articles: Article I. It is agreed that all claims of citizens of the United States upon the Mexican Government, statements of which, soliciting the inter- “Gill V. Oliver’s Executors (11 How., 529). 1102 TREATIES, CONVENTIONS, ETC, position of the Government of the United States, have been pre- sented to the Department of State or to the diplomatic agent of the United States at Mexico until the signature of this convention, shall be referred to four commissioners, who shall form a board, and be appointed in the following manner, namely : two commissioners shall be appointed by the President of the United States, by and with the advice and consent of the Senate thereof, and two commissioners by the President of the Mexican Republic. The said 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 the United States and the Mexican Republic respec- tively. Article 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 of the Senate thereof, and the other by the President of the Mexican Republic. And the said Secretaries shall be sworn faithfully to discharge their duty in that capacity. Article III. The said board shall meet in the city of Washington within three months after the exchange of the ratifications of this convention, and within eighteen months from the time of its meeting shall terminate its duties. The Secretary of State of the United States shall, imme- diately 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 papers as he may think proper. Article IV. All documents which now are in, or hereafter, during the continu- ance of the commission constituted by this convention, may come into the possession of the Department of State of the United States, in relation to the aforesaid claims, shall be delivered to the board. The Mexican Government shall furnish all such documents and explana- tions as may be in their possession, for the adjustment of the said claims according to the principles of justice, the law of nations, and the stipulations of the treaty of amity and commerce between the United States and Mexico of the 5th of April, 1831 ; the said docu- ments to be specified when demanded at the instance of the said commissioners. Article Y, The said commissioners shall, by a report under their hands and seals, decide upon the justice of the said claims and the amount of compensation, if any, due from the Mexican Government in each case. Article VT. It is agreed that if it should not be convenient for the Mexican Government to pay at once the amount so found due, it shall be at MEXICO — 1839. 1103 liberty, immediately after the decisions in the several cases shall have taken place, to issue Treasury notes, receivable at the maritime cus- tom-houses of the Republic in payment of any duties which may be due or imposed at said custom-houses upon goods entered for importa- tion or exportation; said Treasury notes to bear interest at the rate of eight per centum per annum from the date of the award on the claim in payment of which said Treasury notes shall have been issued until that of their receipt at the Mexican custom-houses. But as the presentation and receipt of said Treasury notes at said custom-houses in large amounts might be inconvenient to the Mexican Government, it is further agreed that, in such case, the obligation of said Govern- ment to receive them in payment of duties, as above stated, may be limited to one-half the amount of said duties. Article VII. It is further agreed that in the event of the commissioners differ- ing in relation to the aforesaid claims, they shall, jointly or severally, draw up a report, stating, in detail, the points on which they differ, and the grounds upon which their respective opinions have been formed. And it is agreed that the said report or reports, with authen- ticated 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 volumi- nous that it cannot be expected His Prussian Majesty would be will- ing or able personally to investigate them, it is agreed that he shall appoint a person to act as an arbiter in his behalf ; that the person so appointed shall proceed to Washington; that his travelling expenses to that city and from thence on his return to his place of residence in Prussia, shall be defrayed, one-half by the United States and one-half by the Mexican Republic ; and that he shall receive as a compensation for his services a sum equal to one-half the compensation that may be allowed by the United States to one of the commissioners to be appointed 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 Government. Article VIII. Immediately after the signature of this convention, the Plenipoten- tiaries of the contracting parties (both being thereunto competently authorized) shall, by a joint note, addressed to the Minister for For- eign Affairs of His Majesty the King of Prussia, to be delivered by the Minister of the United States at Berlin, invite the said monarch to appoint an umpire to act in his behalf in the manner above men- tioned, 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 parties, on being informed thereof, shall, without delay, invite Her 1104 TREATIES, CONVENTIONS, ETC. Britannic Majesty, and in case of her declining. His Majesty the King of the Netherlands, to appoint an umpire to act in their behalf, re- spectively, 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 re- ferred. Article XL For any sums of money which the umpire shall find due to citizens of the United States by the Mexican Government, Treasury notes shall be issued in the manner aforementioned. Article XII. And the United States agree forever to exonerate the Mexican Government from any further accountability for claims which 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 defrayed, one moiety by the United States and one moiety by the Mexican Eepublic. Article XIV. This convention shall be ratified, and the ratifications shall be ex- changed at Washington within twelve months from the signature hereof, or sooner if possible. In faith whereof 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.] Fran. Pizarro Martinez. The commission provided for in the foregoing treat^^ was duly ap- pointed. The commission held its first session in Washington August 25, 1840, and terminated its duties February 25, 1842, and by the treaty of 1843 the payment of the awards rendered by the commission under the treaty of 1835 was provided for. MEXICO- — 1843. 1105 1843. Claims Convention. Concluded January 30, 181^3; ratification advised hy the Senate March 2, 18^3; ratified hy the President; ratifications exchanged March 29, 1843; proclaimed March 30, 1843. I. Interest. II. Time of payment. III. Place of payment. IV. Pledge of direct taxes. Abticles. V. Interest to cover charges. VI. New convention. VII. Eatification. Whereas, by the convention between the United States and the Mexican 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 inconvenient either to pay them in money or to issue the said Treasury notes : The President of the United States has, for the purpose of carrying into full effect the intentions of the said parties, conferred full powers on Waddy Thompson, Envoy Extraor- dinary and Minister of the United States to the Mexican Govern- ment, and the President of the Mexican Republic has conferred full powers on their Excellencies Jose Maria de Bocanegra, Minister of Foreign Relations, and Manuel Eduardo de Gorostiza, Minister of Finance. And the said Plenipotentiaries, after having exchanged their full powers, found to be in due form, have agreed to and con- cluded the following articles : Article I. On the 30th day of April, 1843, the Mexican Government shall pay all the interest which may then be due on the awards in favor of claimants 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 months, the said term of five years to commence on the 30th day of April, 1843, aforesaid. Article III. The payments aforesaid shall be made in the city of Mexico to such person as the United States may authorize to receive them, in gold or silver money. But no circulation, export, nor other duties 24449 — VOL 1 — 10 70 1106 TREATIES, CONVENTIONS, ETC. shall be charged thereon ; and the Mexican Government takes the risk, charges, and expenses of the transportation of the money to the city of Vera Cruz. Article IV. The Mexican Government hereby solemnly pledges the proceeds of the direct taxes of the Mexican Republic for the payment of the in- stalments and interest aforesaid, but it is understood that whilst no other fund is thus specifically hypothecated, the Government of the United States, by accepting this pledge, does not incur any obliga- tion to look for payment of those instalments and interest to that fund alone. Article V. As this new arrangement, which is entered into for the accommoda- tion of Mexico, will involve additional charges of freight, commis- sion, &c., the Government of Mexico hereby agrees to add two and a half per centum on each of the aforesaid payments on account of said charges. Article VI. A new convention shall be entered into for the settlement of all claims of the Government and citizens of the United States against the Republic of Mexico, which were not finally decided by the late commission which met in the city of Washingion, and of all claims of the Government and citizens of Mexico against the United States. Article VII. The ratifications of this convention shall be exchanged at Washing- ton within three months after the date thereof, provided it shall arrive at Washington before the adjournment of the present session of Con- gress; and if not, then within one month after the meeting of the next Congress of the United States. In faith whereof we, the Plenipotentiaries of the United States of Aonerica and of the Mexican Republic, have signed and sealed these presents. Done at the city of Mexico on the thirtieth day of Januaiy, in the year of our Lord one thousand eight hundred and forty-three, and in the sixty-seventh year of the Independence of the United States of America, and in the twenty-third year of that of the Mexican Republic. [seal.] [seal.] [seal.] Waddy Thompson. J. Ma. de Bocanegra. M. E. DE Gorostiza. MEXICO — 1848. 1107 1848. Treatt of Peace, Friendship, Limits, and Settlement.® (TREATY OF GUADALUPE HIDALGO.) Concluded Fehruary 2, 181f.8; rati-fication advised hy the Senate, with amendments, March 10, 18Jf8; ratified hy the President March 16, 18If.8; ratifications exchanged May 30, 1848; proclaimed July 4i 1848. Aeticles. I. Declaration of peace. II. .Suspension of hostilities. III. Withdrawal of troops, etc. IV. Restoration of territory ; evacua- tion ; prisoners. V. Boundary line. VI. Navigation of Gulf of California and lower Colorado River. VII. Navigation of Gila and Bravo rivers. VIII. Inhabitants of ceded territory. IX. Acquiring United States citizen- ship. X.* (Stricken out.) XI. Protection against Indians. XII. Payment for ceded lands. XIII. Payment of claims awarded against Mexico. XIV. Discharge of all prior claims. XV. Ascertainment of outstanding claims. XVI. Fortifications. XVII. Revival of former treaties. XVIII. Supplies for United States troops occupying Mexico. XIX. Imports during United States occupation. XX. Duties on imports before resto- ration of Mexican customs authorities. XXI. Arbitration of future disagree- ments. XXII. Rules to be observed in case of war. XXIII. Ratification. Protocol. In the name of Almighty God : The United States of America and the United Mexican States, animated by a sincere desire to put an end to the calamities of the war which unhappily exists between the two Republics, and to estab- lish upon a solid basis relations of peace and friendship, which shall confer reciprocal benefits upon the citizens of both, and assure the concord, harmony, and mutual confidence wherein the two peoples should live, as good neighbours, have for that purpose appointed their respective plenipotentiaries, that is to say : The President of the United States has appointed Nicholas P. Trist, a citizen of the United States, and the President of the Mexican Republic has appointed Don Luis Gonzaga Cuevas, Don Bernardo Couto, and Don Miguel Atristain, citizens of the said Republic; Who, after a reciprocal communication of their respective full powers, have, under the protection of Almighty God, the author of peace, arranged, agreed upon, and signed the following “Federal cases: Cross v. Harrison (16 How., 164), Judson v. Corcoran (17 How., 612), McKinney r. Saviego (18 How., 2.35), U. S. v. Auguisola (1 Wall., 352), U. S. V. Moreno (1 Wall., 400), U. S. i\ Yorba (1 Wall., 412), Townsend r. Greeley (5 Wall., 326), In re Atocha (17 Wall., 439), Basse v. Brownsville (22 Law. Ed., 420, 154 U. S., 610), Botiller v. Dominguez (130 U. S., 238), Seabury v. Field (1 McAllister, 1), Friedman v. Goodwin (1 McAllister, 142), Tobin v. Walkinshaw (1 McAllister, 186), Tripp v. Spring (5 Sawy., 209), Atocha v. U. S. (8 Ct. Cls., 427), Crystal Springs Land and Water Co. v. Los Angeles (76 Fed. Rep., 148), In re Rodriguez (81 Fed. Rep., 337), Hooker v. Los Angeles (I. 88 U. S., 314), Sena v. U. S. (189 U. S., 233), Devine v. Los Angeles (202 U. S., 313). 1108 TKEATIES, CONVENTIONS, ETC. Treaty of Peace, Friendship, Limits, and Settlement between the United States of America and the Mexican Kepublic. ArTICLiE I. There shall be firm and universal peace between the United States of America and the Mexican Republic, and between their respective countries, territories, cities, towns, and people, without exception of places or persons. Article II. Immediately upon the signature of this treaty, a convention shall be entered into between a commissioner or commissioners appointed by the General-in-chief of the forces of the United States, and such as may be appointed by the Mexican Government, to the end that a provisional suspension of hostilities shall take place, and that, in the places occupied by the said forces, constitutional order may be re- established, as regards the political, administrative, and judicial branches, so far as this shall be permitted by the circumstances of military occupation. Article III. Immediately upon the ratification of the present treaty by the Gov- ernment of the United States, orders shall be transmitted to the commanders of their land and naval forces, requiring the latter ( jiro- vided this treaty shall then have been ratified by the Government of the Mexican Republic, and the ratifications exchanged) immediately to desist from blockading any Mexican ports; and requiring the for- mer (under the same condition) to commence, at the earliest moment practicable, withdrawing all troops of the United States then in the interior of the Mexican Republic, to points that shall be selected by common agreement, at a distance from the seaports not exceeding thirty leagues; and such evacuation of the interior of the Republic shall be completed with the least possible delay; the Mexican Gov- ernment hereby binding itself to atford every facility in its power for rendering the same convenient to the troops, on their march and in their new positions, and for promoting a good understanding between them and the inhabitants. In like manner orders shall be dispatched to the persons in charge of the custom-houses at all ports occupied by the forces of the United States, requiring them (under the same condition) immediately to deliver possession of the same to the persons authorized by the Mexican Government to receive it, together with all bonds and evidences of debt for duties on importa- tions and on exportations, not yet fallen due. Moreover, a faithful and exact account shall be made out, showing the entire amount of all duties on imports and on exports, collected at such custom-houses, or elsewhere in Mexico, by authority of the United States, from and after the day of ratification of this treaty by the Government of the Mexican Republic ; and also an account of the cost of collection ; and such entire amount, deducting only the cost of collection, shall be de- livered to the Mexican Government, at the city of Mexico, within three months after the exchange of ratifications. The evacuation of the capital of the Mexican Republic by the troops of the United States, in virtue of the above stipulation, shall MEXICO — ^1848. 1109 be completed in one month after the orders there stipidated for shall have been received by the commander of said troops, or sooner if possible. Article IV. Immediately after the exchange of ratifications of the present treaty all castles, forts, territories, places, and possessions, which have been taken or occupied by the forces of the United States dur- ing the present war, within the limits of the Mexican Republic, as about to be established by the following article, shall be definitively restored to the said Republic, together with all the artillery, arms, apparatus of war, munitions, and other public property, which were in the said castles and forts when captured, and which shall remain there at the time when this treaty shall be duly ratified by the Gov- ernment of the Mexican Republic. To this end, immediately upon the signature of this treaty, orders shall be despatched to the Ameri- can officers commanding such castles and forts, securing against the removal or destruction of any such artillery, arms, apparatus of war, munitions, or other public jiroperty. The city of Mexico, within the inner line of intrenchments surrounding the said city, is com- prehended in the above stipulation, as regards the restoration of artillery, apparatus of war, &c. The final evacuation of the territory of the Mexican Republic, by the forces of the United States, shall be completed in three months from the said exchange of ratifications, or sooner if possible; the Mexican Government hereby engaging, as in the foregoing article, to use all means in its power for facilitating such evacuation, and rendering it convenient to the troops, and for promoting a good understanding between them and the inhabitants. If, however, the ratification of this treaty by both parties should not take place in time to allow the embarkation of the troops of the United States to be completed before the commencement of the sickly season, at the Mexican ports on the Gulf of Mexico, in such case a friendly arrangement shall be entered into between the General-in- chief of the said troops and the Mexican Government, whereby healthy and otherwise suitable places, at a distance from the ports not exceeding thirty leagues, shall be designated for the residence of such troops as may not yet have embarked, until the return of the healthy season. And the space of time here referred to as comprehending the sickly season shall be understood to extend from the first day of May to the first day of Noi’-ember. All prisoners of war taken on either side, on land or on sea, shall be restored as soon as practicable after the exchange of ratifications 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. Article V.“ The boundary line between the two Republics shall commence in the Gulf of Mexico, three leagues from land, opposite the mouth of * This article was amended by Article 1 of the treaty of December 30, 1853. 1110 TREATIES, CONVENTTOlSrS, ETC. the Rio Grande, otherwise called Rio Bravo del Norte, or opposite the mouth of its deepest branch, if it should have more than one branch emptyino- directly into the sea ; from thence uji the middle of that river, following the deepest channel, where it has more than one, to the point where it strikes the southern boundary of New Mexico; thence, westwardly, along the whole southern boundary of New Mexico (which runs north of the town called Paso) to its western termination; thence, northward, along the western line of New Mexico, until it mtersects 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 Rio Colorado; thence across the Rio Colorado, following the division line between Upiier 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 of the United Mexican States, as organized and defined hy various acts of the Congress of said re'public, and constructed according to the best authorities. Revised edition. Published at New Y oid\ in 1847, by J. Distui'nell S’’ of which map a copy is added to this treaty, bearing the signatures and seals of the undersigned Plenijiotentiaries. And, in order to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower California, it is agreed that the said limit shall consist of a straight line drawn from the middle of the Rio Gila, where it unites with the Colorado, to a point on the coast of the Pacific Ocean, distant one marine league due south of the southernmost point of the jiort 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 voyage of the schooners Sutil and Mexi- cana ; of which plan a copy is hereunto added, signed and sealed by the respective Plenipotentiaries. In order to designate the boundary line with due precision, upon authoritative maps, and to establish uiion the ground landmarks which shall show the limits of both republics, as described in the present article, the two Governments shall each appoint a commis- sioner and a surveyor, who, before the expiration of one year from the date of the exchange of ratifications of this treaty, shall meet at the port of San Diego, and proceed to run and mark the said boundary in its whole course to the mouth of the Rio Bravo del Norte. They shall keep journals and make out plans of their ojiera- tions ; and the result agreed upon by them shall be deemed a part of this treaty, and shall have the same force as if it were inserted therein. IJie two Govei’nments will amicably agree regarding what may be necessary to these persons, and also as to their respective escorts, should such be necessary. The boundary line established by this article shall be religiously respected by each of the two republics, and no change shall ei'er be made therein, except by the expi-e'^s and free consent of l)oth nations, lawfully given by the General Government of each, in conformity with its own constitution. MEXICO — 1848. 1111 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 by the river Colorado below its confluence with the Gila, to and from their possessions situated north of the boundary line defined in the preceding article; it being understood 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 Avhich may be made, it should be ascer- tained to be practicable and advantageous to construct a road, canal, or railway, which should in whole or in pai’t run upon the river Gila, or upon its right or its left bank, within the space of one marine league from either margin 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 advantage of both countries. Article VII.“ The river Gila, and the part of the Rio Bravo del Norte lying below the southern boundary of New Mexico, being, agreeably to the fifth article, divided in the middle between the two republics, the navigation of the Gila and of the Bravo below said boundary shall be free and common to the vessels and citizens of both coun- tries; and neither shall, without the consent of the other, construct 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. Nor shall any tax or contribution, under any denomination or title, be levied upon vessels or persons navi- gating the same, or upon merchandise or effects transported thereon, except in the case of landing upon one of their shores. If, for tlie purpose of making the said rivers navigable, or for maintaining them in such state, it should be necessary or advantageous to establish any tax or contribution, this shall not be done without the consent of both Governments. The stipulations contained in the present article shall not impair the territorial rights of either republic within its established limits. Article VIII, Mexicans now established in territories previously belonging to Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to con- tinue where they now reside, or to remove at any time to the Mexi- can Republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wher- ever 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 citizens of the United States. But they shall be under the obliga- This article was amended by Article 4 of the treaty of December 30, 1853. 1112 TEEATIES, CONVENTIONS, ETC. tion 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 territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected to become citizens of the United States. In the said territories, property of every kind, now belonging to Mexicans not established there, shall be inviolably respected. The present owners, the heirs of these, and all Mexicans who may here- after acquire said property by contract, shall enjoy with respect to it guarantees equally ample as if the same belonged to citizens of the United States. Article IX. The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted 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, accord- ing to the principles of the Constitution ; and in • the mean time, shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their re- ligion without restriction. Aeticee X. [Stricken out.] Article XI.® Considering that a great part of the territories, which, by the pres- ent treaty, are to be comprehended for the future within the limits of the United States, is now occupied by savage tribes, who will hereafter be under the exclusive controul of the Government of the United States, and whose incursions within the territory of Mexico would be prejudicial in the extreme, it is solemnly agreed that all such incursions shall be forcibly restrained by the Government of the United States whensoever this may be necessary; and that when they cannot be prevented, they shall be punished by the said gov- ernment, and satisfaction for the same shall be exacted — all in the same way, and with equal diligence and energy, as if the same in- cursions were meditated or committed within its own territory, against its own citizens. It shall not be lawful, under any pretext whatever, for any in- habitant of the United States to purchase or acquire any Mexican, or any foreigner residing in Mexico, who may have been captured by Indians inhabiting the territory of either of the two republics; nor to purchase or acquire horses, mules, cattle, or property of any kind, stolen within Mexican territory by such Indians. And in the event of any person or persons, captured within Mexi- can territory by Indians, being carried into the territory of the “ This article was abrogated by the second article of the treaty of December 80, 1853. MEXICO — 1848. 1113 United States, the Government of the latter engages and binds it^lf, in the most solemn manner, so soon as it shall know of such captives being within its territory, and shall be able so to do, through the faithful exercise of its influence and power, to rescue them and return them to their country, or deliver them to the agent or repre- sentative of the Mexican Government. The Mexican authorities will, as far as practicable, give to the Government of the United States notice of such captures; and its agents shall pay the expenses in- cuiTed in the maintenance and transmission of the rescued captives; who, in the mean time, shall be treated with the utmost hospitality by the American authorities at the place where they may be. But if the Government of the United States, before receiving such notice from Mexico, should obtain intelligence, through any other channel, of the existence of Mexican captives within its territory, it will pro- ceed forthwith to effect their release and delivery to the Mexican agent, as above stipulated. For the purpose of giving to these stipulations the fullest possible efficacy, thereby affording the securit}'^ and redress demanded by their true spirit and intent, the Government of the United States will now and hereafter pass, without unnecessary delay, and always vigilantly enforce, such laws as the nature of the subject may require. And, finally, the sacredness of this obligation shall never be lost sight of by the said Government, when jiroviding for the removal of the Indians from any portion of the said territories, or for its being set- tled by citizens of the United States ; but, on the contrary, special care shall then be taken not to place its Indian occupants under the neces- sity of seeking new homes, by committing those invasions which the United States have solemnly obliged themselves to restrain. Articee XII. In consideration of the extension acquired by the boundaries of the United States, as defined in the fifth article of the present treaty, the Government of the United States engages to pay to that of the Mexi- can Bepublic the sum of fifteen millions of dollars. Immediately after this treaty shall have been duly ratified by the Government of the INIexican Republic, the sum of three millions of dol- lars shall be paid to the said Government by that of the United States, at the city of Mexico, in the gold or silver coin of Mexico. The re- maining twelve millions of dollars shall be paid at the same place, and in the same coin, in annual instalments of three millions of dollars each, together with interest on the same at the rate of six per centum per annum. This interest shall begin to run upon the whole sum of twelve millions from the day of the ratification of the present treaty by the Mexican Government, and the first of the instalments shall be paid at the expiration of one year from the same day. Together with each annual instalment, as it falls due, the whole interest accruing on such instalment from the beginning shall also be paid. Article XIII. The United States engage, moreover, to assume and pay to the claimants all the amounts now due them, and those hereafter to be- come due, by reason of the claims already liquidated and decided 1114 TREATIES, CONVENTIONS, ETC. against the Mexican Republic, under the conventions between the twc republics severally concluded on the eleventh day of April, eighteen hundred and thirtv-nine, and on the thirtieth day of January, eight- een hundred and forty-three; so that the Mexican Republic shall be absolutely exempt, for the future, from all expense whatever on account of the said claims. Article XIV. The United States do furthermore discharge the Mexican Republic from all claims of citizens of the United States, not heretofore decided against the Mexican Government, which may have arisen previously to the date of the signature of this treaty; which discharge shall be final and perpetual, whether the said claims be rejected or be allowed by the board of commissioners provided for in the following article, and whatever shall be the total amount of those allowed. Article XV.“ The United States, exonerating Mexico from all demands on ac- count of the claims of their citizens mentioned in the preceding article, and considering them entirely and forever cancelled, whatever their amount may be, undertake to make satisfaction for the same, to an amount not exceeding three and one-quarter millions of dollars. To ascertain the validity and amount of those claims, a board of commis- sioners shall be established by the Government of the United States, whose awards shall be final and conclusive ; provided that, in deciding upon the validity of each claim, the board shall be guided and gov- erned by the principles and rules of decision prescribed by the first and fifth articles of the unratified convention, concluded at the city of Mexico on the twentieth day of November, one thousand eight hun- dred and forty-three;® and in no case shall an award be made in favour of any claim not embraced by these principles and rules. If, in the opinion of the said board of commissioners or of the claimants, any books, records, or documents, in the possession or power of the Government of the Mexican Republic, shall be deemed necessary to the just decision of any claim, the commissioners, or the claimants through them, shall, within such period as Congress may designate, make an application in writing for the same, addressed to the Mexican Minister for Foreign Affairs, to be transmitted by the Secretary of State of the United States; and the Mexican Gov- ernment engages, at the earliest possible moment after the receipt of such demand, to cause any of the books, records, or documents so specified, which shall be in their possession or power, (or authenti- cated copies or extracts of the same,) to be transmitted to the said Secretary of State, who shall immediately deliver them over to the said board of commissioners ; provided that no such application shall be made by or at the instance of any claimant, until the facts which it is expected to prove by such books, records, or documents, shall have been stated under oath or affirmation. “ By act of March 3, 1849, these commissioners were appointed to examine and adjust claims. The commission concluded April 15, 1851, allowing claims to the amount of $3,208,314.96. ® See page 1120. MEXICO — 1848. 1115 Article XVI. Each of the contracting parties reserves to itself the entire right to fortify whatever point within its territory it may judge proper so to fortify for its security. Article XVII. The treaty of amity, commerce, and navigation, concluded at the city of Mexico on the fifth day of April, A. D. 1831, between the United States of America and the United Mexican States, except the additional article, and except so far as the stipulations of the said treaty may be incompatible with any stipulation contained in the present treaty, is hereby revived for the period of eight years from the day of the exchange of ratifications of this treaty, with the same force and virtue as if incorporated therein ; it being understood that each of the contracting parties reserves to itself the right, at any time after the said period of eight years shall have expired, to terminate the same by giving one year’s notice of such intention to the other party. Article XVIII. All supplies whatever for troops of the United States in Mexico, arriving at ports in the occupation of such troops previous to the final evacuation thereof, although subsequently to the restoration of the custom-houses at such ports, shall be entirely exempt from duties and charges of any kind ; the Government of the United States hereby engaging and pledging its faith to establish, and vigilantly to enforce, all possible guards for securing the revenue of Mexico, by preventing the im2iortation, under cover of this stipulation, of any articles other than such, both in kind and in quantity, as shall really be wanted for the use and coiisunqition of the forces of the United States during the time they may remain in jMexico. To this end it shall be the duty of all officers and agents of the United States to denounce to the Mexican authorities at the respective jDorts any attemjits at a fraudulent abuse of this stijiulatiou, which they may know of, or may have reason to suspect, and to give to such authorities all the aid in their power with regard thereto; and every such attemjit, when duly proved and established by sentence of a competent tribunal, shall be punished by the confiscation of the property so atteniiited to be fraudulently introduced. Article XIX. With resjiect to all merchandise, effects, and property whatsoever, imjiorted into ports of iSIexico whilst in the occupation of the forces of the United States, whether by citizens of either republic, or by citizens or subjects of any neutral nation, the following rules shall be observed : 1. All such merchandise, effects, and property, if imported pre- viously to the restoration of the custom-houses to the Mexican au- thorities, as stipulated for in the third article of this treaty, shall be exempt from confiscation, although the importation of the same be prohibited by the Mexican tariff. 1116 TKEATIES, CONVENTIONS, ETC. 2. The same perfect exemption shall be enjoyed by all such mer- chandise, effects, and property, imported subsequently to the restora- tion of the custom-houses, and previously to the sixty days fixed in the following article for the coming into force of the Mexican tariff at such ports respectively; the said merchandise, effects, and prop- erty being, however, at the time of their importation, subject to the payment of duties, as provided for in the said following article. 3. All merchandise, effects, and property described in the two rules foregoing shall, during their continuance at the place of importation, and upon their leaving such place for the interior, be exempt from all duty, tax, or impost of every kind, under whatsoever title or denom- ination. Nor shall they be there subjected to any charge whatsoever upon the sale thereof. 4. All merchandise, effects, and property, described in the first and second rules, which shall have been removed to any place in the inte- rior whilst such place was in the occupation of the forces of the United States, shall, during their continuance therein, be exempt from all tax upon the sale or consumption thereof, and from every kind of impost or contribution, under whatsoever title or denomina- tion. 5. But if any merchandise, effects, or property, described in the first and second rules, shall be removed to any place not occupied at the time by the forces of the United States, they shall, upon their introduction into such place, or upon their sale or consumption thei’e, be subject to the same duties which, under the Mexican laws, they would be required to pay in such cases if they had been imported in time of peace, through the maritime custom-houses, and had there paid the duties conformably with the Mexican tariff. 6. The owners of all merchandise, effects, or proiierty, described in the first and second rules, and existing in any port of Mexico, shall have the right to reship the same, exempt from all tax, impost, or contribution whatever. With respect to the metals, or other property, exported from any Mexican port whilst in the occupation of the forces of the United States, and 2)reviously to the restoration of the custom-house at such port, no person shall be required by the Mexican authorities, whether general or state, to pay any tax, duty, or contribution u^Don any such importation, or in any manner to account for the same to the said authorities. Article XX. Through consideration for the interests of commerce generally, it is agreed, that if less than sixty days should elapse between the date of the signature of this treaty and the restoration of the custom- houses, conformably with the stipulation in the third article, in such case all merchandise, effects, and property whatsoever, arriving at the Mexican ports after the restoration of the said custom-houses, and previously to the expiration of sixty days after the day of the signa- ture of this treaty, shall be admitted to entry; and no other duties shall be levied thereon than the duties established by the tariff found in force at such custom-houses at the time of the restoration of the same. And to all such merchandise, effects, and projierty, the rules established by the preceding article shall apply. MEXICO — 1848. 1117 Akticub XXI. If unhappily any disagreement should hereafter arise between the Governments of the two republics, whether with respect to the in- terpretation of any stipulation in this treaty, or with respect to any other particular concerning the political or commercial relations of the two nations, the said Governments, in the name of those na- tions, do promise to each other that they will endeavour, in the most sincere and earnest manner, to settle the differences so arising, and to preserve the state of peace and friendship in which the two coun- tries are now placing themselves, using, for this end, mutual repre- sentations and pacific negotiations. And if, by these means, they should not be enabled to come to an agreement, a resort shall not, on this account, be had to reprisals, aggression, or hostility of any kind, by the one republic against the other, until the Government of that which deems itself aggrieved shall have maturely considered, in the spirit of peace and good neighbourship, whether it would not be better that such difference should be settled by the arbitration of commissioners appointed on each side, or by that of a friendly nation. And should such course be proposed by either party, it shall be ac- ceded to by the other, unless deemed by it altogether incompatible with the nature of the difference, or the circumstances of the case. Article XXII. If (which is not to be expected, and which God forbid) war should unhappily break out between the two republics, they do now, with a view to such calamity, solemnly pledge themselves to each other and to the world to observe the following rules; absolutely where the nature of fhe subject permits, and as closely as possible in all cases where such absolute observance shall be impossible: 1. The merchants of either republic then residing in the other shall be allowed to remain twelve months, (for those dwelling in the interior,) and six months, (for those dwelling at the seaports,) to collect their debts and settle their affairs; during which periods they shall enjoy the same protection, and be on the same footing, in all respects, as the citizens or subjects of the most friendly nations; and, at the expiration thereof, or at any time before, they shall have full liberty to depart, carrying off all their effects without molestation or hindrance, conforming therein to the same laws which the citizens or subjects of the most friendly nations are required to conform to. Upon the entrance of the armies of either nation into the territories of the other, women and children, ecclesiastics, scholars of every faculty, cultivators of the earth, merchants, artisans, manufacturers, and fishermen, unarmed and inhabiting unfortified towns, villages, or places, and in general all persons whose occupations are for the com- mon subsistence and benefit of mankind, shall be allowed to continue their respective employments, unmolested in their persons. Nor shall their houses or goods be burnt or otherwise destroyed, nor their cattle taken, nor their fields wasted, by the armed force into whose power, by the events of war, they may happen to fall; but if the necessity arise to take anything from them for the use of such armed force, the same shall be paid for at an equitable price. All churches, hospitals, schools, colleges, libraries, and other establishments for charitable 1118 TREATIES, CONVENTIONS, ETC. and beneficent purposes, shall be respected, and all persons connected with the same protected in the discharge of their duties, and the pursuit of their vocations. 2. In order that the fate of prisoners of war may be alleviated, all such practices as those of sending them into distant, inclement, or unwholesome districts, or crowding them into close and noxious places, shall be studiously avoided. They shall not be confined in dungeons, prison-ships, or prisons; nor be put in irons, or bound, or otherwise restrained in the use of their limbs. The officers shall enjoy liberty on their paroles, within convenient districts, and have comfortable quarters; and the common soldier shall be disposed in cantonments, open and extensive enough for air and exercise, and lodged in bar- racks as roomy and good as are provided by the party in whose power they are for its own troops. But if any officer shall break his parole by leaving the district so assigned him, or any other prisoner shall escape from the limits of his cantonment, after they shall have been designated to him, such individual, officer, or other prisoner, shall forfeit so much of the benefit of this article as provides for his liberty on parole or in cantonment. And if any officer so breaking his parole, or any common soldier so escaping from the limits assigned him, shall afterwards be found in arms, previously to his being regularly ex- changed, the person so offending shall be dealt with according to the established laws of war. The officers shall be daily furnished, by the party in whose power they are, with as many rations, and of the same articles, as are allowed, either in kind or by commutation, to officers of equal rank in its own army; and all others shall be daily furnished with such ration as is allowed to a common soldier in its own service; the value of all which supplies shall, at the close of the war, or at periods to be agreed upon between the respective commanders, be paid by the other party, on a mutual adjustment of accounts for the sub- sistence of prisoners ; and such accounts shall not be mingled with or set off against any others, nor the balance due on them be withheld, as a compensation or reprisal for any cause whatever, real or pre- tended. Each party shall be allowed to keep a commissary of prisoners, appointed by itself, with every cantonment of prisoners, in possession of the other; which commissary shall see the prisoners as often as he pleases; shall be allowed to receive, exempt from all duties or taxes, and to distribute, whatever comforts may be sent to them by their friends; and shall be free to transmit his re2)orts in o^ien letters to the party by whom he is employed. And it is declared that neither the pretence that war dissolves all treaties, nor anj^ other whatever, shall be considered as annulling or suspending the solemn covenant contained in this article. On the contrary, the state of war is 2:)recisely that for which it is provided; and. during which, its stipulations are to be as sacredly observed as the most acknowledged obligations under the law of nature or nations. Article XXIII. This treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of the Mexican Reiiublic, with the jirevious approbation of its general Congress; and the ratifications shall be exchanged in the city of Washington, or at the seat of Government of MEXICO — ^1848. 1119 Mexico, in four months from the date of the signature hereof, or sooner if practicable. In faith whereof we, the respective Plenipotentiaries, have signed this treaty of peace, friendship, limits, and settlement, and have hereunto affixed our seals respectively. Done in quintuplicate, at the city of Guadalupe Hidalgo, on the second day of February, in the year of our Lord one thousand eight hundred and forty-eight. [seal,.] N. P. Trist. Luis G. Cuevas. Bernardo Couto. Migl. Atristain. [seal.] [seal.] [seal.] PROTOCOL. In the city of Queretaro, on the twenty-sixth of the month of May, eighteen hundred and forty-eight, at a conference between their excel- lencies Nathan Clifford and Ambrose H. Sevier, Commissioners of the U. S. of A., with full powers from their Government to make to the Mexican Republic suitable explanations in regard to the amend- ments which the Senate and Government of the said United States have made in the treaty of peace, friendship, limits, and definitive settlement between the two Republics, signed in GLiadalnpe Hidalgo, on the second day of February of the present year; and His Excel- lency Don Luis de la Rosa, Minister of Foreign Affairs of the Re- public of Mexico; it was agreed, after adequate conversation, respect- ing the changes alluded to, to record in the present protocol the following explanations, which their aforesaid excellencies the Com- missioners gave in the name of their Government and in fulfillment of the commission conferred upon them near the Mexican Republic; 1st. The American Government by suppressing the IXth article of the treaty of Guadalupe Hidalgo and substituting the Hid article of the treaty of Louisiana, did not intend to diminish in any way what was agreed upon by the aforesaid article IXth in favor of the in- habitants of the territories ceded by Mexico. Its understanding is that all of that agreement is contained in the 3d article of the treaty of Louisiana. In consequence all the privileges and guarantees, civil, l)()litical, and religious, which would have been possessed by the in- habitants of the ceded territories, if the IXth article of the treaty had been retained, will be enjoyed by them, without any difference, under the article which has been substituted. ‘2d. The American Government by suppressing the Xth article of the treaty of Guadalupe did not in any way intend to annul the grants of lands made by Mexico in the ceded territories. These grants, notwithstanding the suppression of the article of the treaty, preserve the legal value which they may possess, and the grantees may cause their legitimate [titles] to be acknowledged before the Ameri- can tribunals. Conformably to the law of the United States, legitimate titles to every description of property, personal and real, existing in the ceded territories are those which were legitimate titles under the Mexican law in California and New Mexico up to the 13th of May, 1846, and in Texas up to the 2d March, 1836. 1120 TREATIES, CONVENTIONS, BTC. 3d. The Government of the United States, by suppressing the con- cluding paragraph of article Xllth of the treaty, did not intend to deprive the Mexican Eepublic of the free and unrestrained faculty of ceding, conveying, or transferring at any time (as it may judge best) the sum of the twelve millions of dollars which the same Government of the U. States is to deliver in the places designated by the amended article. And these explanations having been accepted by the Minister of Foreign Affairs of the Mexican Eepublic, he declared, in name of his Government, that with the understanding conveyed by them the same Government would, proceed to ratify the treaty of Guadalupe, as modified by the Senate and Government of the U. States. In testi- mony of which, their Excellencies, the aforesaid Commissioners and the Minister have signed and sealed, in quintuplicate, the present protocol. [seal.] a. H. Sevier. [seal.] Nathan Clifford, [seal.] Luis de la Eosa. Articles Eeferred to in the Fifteenth Article of the Pre- ceding Treaty. First and fifth articles of the unratified convention between the United States and the Mexican Republic of the 20th November, 18Jf3. Article I. All claims of citizens of the Mexican Eepublic against the Govern- ment of the United States which shall be presented in the manner and time hereinafter expressed, and all claims of citizens of the United States against the Government of the Mexican Eepublic, which, for whatever cause, were not submitted to, nor considered, nor finally decided by, the commission, nor by the arbiter appointed by the con- vention of 1839, and which shall be presented in the manner and time hereinafter specified, shall be referred to four commissioners, who shall form a board, and shall be appointed in the following manner, that is to say: Two commissioners shall be appointed by the President of the Mexican Eepublic, and the other two by the President of the United States, with the approbation and consent of the Senate. The said commissioners, thus appointed, shall, in presence of each other, take an oath to examine and decide impartially the claims submitted to them, and which may lawfully be considered, according to the proofs which shall be presented, the principles of right and justice, the law of nations, and the treaties between the two republics. Article V. All claims of citizens of the United States against the Government of the Mexican Eepublic, which were considered by the commis- sioners, and referred to the umpire appointed under the convention of the eleventh April, 1839, and which were not decided b^" him. shall be referred to, and decided by, the umpire to be appointed, as pro- vided by this convention, on the points submitted to the umpire under MEXICO — 1848-1853. 1121 the late convention, and his decision shall be final and conclusive. It is also agreed, that if the respective commissioners shall deem it expedient, they may submit to the said arbiter new arguments upon the said claims. 1853.® Treatt or Boundary, Cession of Territory, Transit of Isthmus of Tehuantepec, etc. (GADSDEN TREATY.) Concluded December 30, 1853; ratification advised by the Senate with amendments April 25, 186 If.; ratified by the President June 29,1851^,; ratifications exchanged June 30, 185^; proclaimed June 30, 185 If.. Akticles. I. Boundary established ; survey, etc. II. Release of obligations as to In- dians. III. Payment for territory acquired. IV. Navigation of Gulf of California, Colorado, and Bravo rivers. V. Inhabitants of ceded territory ; fortifications ; navigation and commerce. In the name of Almighty God. The Republic of Mexico and the United States of America, desir- ing to remove every cause of disagreement which might interfere in any manner with the better friendship and intercourse between the two countries, and esjiecially in respect to the true limits which should be established, when, notwithstanding what was covenanted in the treaty of Guadalupe Hidalgo in the year 1818, opposite interpreta- tions have been urged, which might give occasion to questions of serious moment: To avoid these, and to strengthen and more firmly maintain the peace which happily prevails between the two republics, the President of the United States has, for this purpose, appointed James Gadsden, Envoy Extraordinary and Minister Plenipotentiary of the same near the Mexican Government, and the President of Mexico has appointed as Plenipotentiary “ ad hoe ” his excellency Don Manuel Diez de Bonilla, cavalier grand cross of the national and distinguished order of Guadalupe, and Secretary of State and of the office of Foreign Relations, and Don Jose Salazar Ylarregui and General Mariano Monterde, as scientific commissioners, invested with full powers for this negotiation; who, having communicated their respective full powers, and finding them in due and proper form, have agreed upon the articles following: VI. Recognition of land grants. VII. Adjustment of future differences. VIII. Transit of Tehuantepec Isthmus. IX. Ratification. Article I. The Mexican Republic agrees to designate the following as her true limits with the United States for the future : Retaining the same “Federal case: In re Rodriguez (81 Fed. Rep., 337), 24449— VOL 1—10 71 1122 TKEATIES, CONVENTIONS, ETC. dividing line between the two Californias as already defined and established, according to the 5th article of the treaty of Guadalupe Hidalgo, the limits between the two republics shall be as follows: Beginning in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, as provided in the fifth article of the treaty of Guadalupe Hidalgo; thence, as defined in the said article, up the middle of that river to the point where the parallel of 31° 47' north latitude crosses the same; thence due west one hundred miles; thence south to the parallel of 31° 20' north latitude; thence along the said parallel of 31° 20' to the 111th meridian of longitude west of Greenwich; thence in a straight line to a point on the Colorado River twenty English miles below the junction of the Gila and Colo- rado Rivers; thence up the middle of the said river Colorado until it intersects the present line between the United States and Mexico. For the performance of this portion of the treaty, each of the two Governments shall nominate one commissioner, to the end that, by common consent, the two thus nominated, having met in the city of Paso del Norte, three months after the exchange of the ratifications of this treaty, may proceed to survey and mark out upon the land the dividing line stipulated by this article, where it shall not have already been surveyed and established by the mixed commission, according to the treaty of Guadalupe, keeping a journal and making proper plans of their operations. For this purpose, if they should judge it it necessary, the contracting parties shall be at liberty each to unite to its respective commissioner scientific or other assistants, such as astronomers and surveyors, whose concurrence shall not be considered necessary for the settlement and ratification of a true line of division betiveen the two republics; that line shall be alone established upon which the commissioners may fix, their consent in this particular being considered decisive and an integral part of this treaty, without necessity of ulterior ratification or approval, and without room for interpretation of any kind by either of the parties contracting. The dividing line thus established shall, in all time, be faithfully respected by the two Governments, without any variation therein, unless of the express and free consent of the two, given in conform- ity to the principles of the law of nations, and in accordance with the constitution of each county, respectively. In consequence, the stipulation in the 5th article of the treaty of Guadalupe upon the boundary line therein described is no longer of any force, wherein it may conflict with that here established, the said line being considered annulled and abolished wherever it may not coincide with the present, and in the same manner remaining in full force where in accordance with the same. Abticle II. The Government of Mexico hereby releases the United States from all liability on account of the obligations contained in the eleventh article of the treaty of Guadalupe Hidalgo; and the said article and the thirty-third article of the treaty of amity, commerce, and naviga- tion between the United States of America and the United Mexican States, concluded' at Mexico on the fifth day of April, 1831, are hereby abrogated. MEXICO — 1853. 1123 Article III. In consideration of the foregoing stipulations, the Government of the United States agrees to pay to the Government of Mexico, in the city of New York, the sum of ten millions of dollars, of which seven millions shall be paid immediately upon the exchange of the ratifi- cations of this treaty, and the remaining three millions as soon as the boundary line shall be surveyed, marked, and established. Article IV. The provisions of the 6th and 7th articles of the treaty of Guada- lupe Hidalgo having been rendered nugatory for the most part by the cession of territory granted in the first article of this treaty, the said articles are hereby abrogated and annulled, and the provisions as herein expressed substituted therefor. The vessels and citizens of the United States shall, in all time, have free and uninterrupted passage through the Gulf of California, to and from their posses- sions situated north of the boundary line of the two countries. It being understood 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; and precisely the same provisions, stipulations, and restrictions, in all respects, are hereby agreed upon and adopted, and shall be scrupulously observed and enforced, by the two contracting Governments, in reference to the Rio Colorado, so far and for such distance as the middle of that river is made their common boundary line by the first article of this treaty. The several provisions, stipulations, and restrictions contained in the 7th article of the treaty of Guadalupe Hidalgo shall remain in force only so far as regards the Rio Bravo del Norte, below the initial of the said boundary provided in the first article of this treaty; that is to say, below the intersection of the 31° 47' 30" parallel of latitude, with the boundary line established by the late treaty dividing said river from its mouth upwards, according to the 5th article of the treaty of Guadalupe. Article V. All the provisions of the eighth and ninth, sixteenth and seven- teenth articles of the treaty of Guadalupe Hidalgo, shall apply to the territory ceded by the Mexican Republic in the first article of the present treaty, and to all the rights of persons and property, both civil and ecclesiastical, within the same, as fully and as effectually as if the said articles were herein again recited and set forth. Article VT. No grants of land within the territory ceded by the first article of this treaty bearing date subsequent to the day — twenty-fifth of Sep- tember— when the Minister and subscriber to this treaty on the part of the United States proposed to the Government of Mexico to ter- minate the question of boundary, will be considered valid or be recognized by the United States, or will any grants made previously 1124 TBEATIES, CONVENTIONS, ETC. be respected or be considered as obligatory which have not been located and duly recorded in the archives of Mexico. Article VII. Should there at any future period (which God forbid) occur any disagreement between the two nations which might lead to a rupture of their relations and reciprocal peace, they bind themselves in like manner to procure by every possible method the adjustment of every difference; and should they still in this manner not succeed, never will they proceed to a declaration of war without having previously paid attention to what has been set forth in article 21 of the treaty of Guadalupe for similar cases; which article, as well as the 22d, is here re- affirmed. Article VIII. The Mexican Government having on the 5th of February, 1853, authorized the early construction of a plank and rail road across the Isthmus of Tehuantepec, and, to secure the stable benefits of said transit way to the persons and merchandize of the citizens of Mexico and the United States, it is stipulated that neither Govern- ment will interpose any obstacle to the transit of persons and mer- chandise of both nations; and at no time shall higher charges be made on the transit of persons and property of citizens of the United States than may be made on the persons and property of other foreign nations, nor shall any interest in said transit way, nor in the proceeds thereof, be transferred to any foreign government. The United States, by its agents, shall have the right to transport across the isthmus, in closed bags, the mails of the United States not intended for distribution along the line of communication; also the efi'ects of the United States Government and its citizens, which may be intended for transit, and not for distribution on the isthmus, free of custom-house or other charges by the Mexican Government. Neither passports nor letters of securit;^ will be required of persons crossing the isthmus and not remaining in the country. When the construction of the railroad shall be completed, the Mexican Government agrees to open a port of entry in addition to the port of Vera Cruz, at or near the terminus of said road on the Gulf of Mexico. The two Governments will enter into arrangements for the prompt transit of troops and munitions of the United States, which that Government may have occasion to send from one part of its terri- tory 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 work, the United States may extend its protection as it shall judge wise to it when it may feel sanctioned and warranted by the public or inter- national law. Article IX. This treaty shall be ratified, and the respective ratifications shall be exchanged at the city of Washington within the exact period of six months from the date of its signature, or sooner if possible. In testimony whereof we, the Plenipotentiaries of the contracting parties, have hereunto affixed our hands and seals at Mexico, the MEXICO — 1853-1861. 1125 thirtieth (30th) day of December, in the year of our Lord one thou- sand eight hundred and fifty-three, in the thirty-third year of the Independence of the Mexican Kepublic, and the seventy-eighth of that of the United States. [seal.] James Gadsden. [seal.] Manuel Diez de Bonilla, [seal.] Jose Salazar Ylarregui. [seal.] J. Mariano Monterde. 1861.“ Extradition Treatt. Concluded December 11^ 1861; ratification advised by the Senate with amendments April 9, 1802; ratified by the President April ii, 1862; ratifications exchanged May 20, 1862; proclaimed June 20, 1862. Articles. I. Surrender of accused. II. Requisitions; crimes in frontier States. III. Crimes. IV. Surrender, how made. V. Expenses. VI. Political offenses. VII. Duration. VIII. Ratification. 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 terri- tories and jurisdictions, that persons charged with the crimes here- inafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a treaty for this purpose, and have named as their respec- tive 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- traordinary and Minister Plenipotentiary near the Mexican Govern- ment ; and the President of the United Mexican States has appointed Sebastian Lerdo de Tejada, a citizen of the said States, and a Deputy of the Congress of the Union; \Vlio, after having communicated to each other their respective full powers found in good and due form, have agreed upon and con- cluded the following articles: Article I. It is agreed that the contracting parties shall, on requisitions made in their name, through the medium of their respective diplomatic “ By notification from the Mexican Government this treaty was abrogated January 24, 1899. Federal cases: Benson v. McMahon (127 U. S., 457), Ornelas v. Ruiz (161 U. S., 502), Ex parte Coy (32 Fed. Rep., 911), In re Benson (34 Fed. Rep., 649), Ex parte McCabe (46 Fed. Rep., 363), In re Rowe (77 Fed. Rep., 161), Ex parte Yerdi (166 Fed. Rep., 921). 1126 TEEATIES, CONVENTIONS, ETC. agents, deliver up to justice persons who, being accused of the crimes enumerated in article third 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 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 Terri- tories of the two contracting parties, requisitions may be made through their respective diplomatic agents, or throug[h] the chief civil authority of said States or Territories, or through such chief civil or judicial authority of the districts or counties bordering on the frontier as may for this purpose be duly authorized by the said chief civil authority of the said frontier States or Territories, or when, from any cause, the civil authority of such State or Territory shall be suspended, through the chief military otRcer in command of such State or Territory. 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, accessories, or accomplices, to wit: Murder, (including assassination, parricide, infanticide, and poisoning;) as- sault 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 making, or knowingly passing or putting in circulation counterfeit coin or bank notes, or other paper current as money, with intent to defraud any person or persons; the introduction or making of instruments for the fabrication of counterfeit coin or bank notes, or other paper current as money; embezzlement of public moneys; robbery, defining the same to be the felonious and forcible taking from the person of another of goods or money to any value, by vio- lence or putting him in fear; burglary, defining the same to be breaking and entering into the house of another with intent to com- mit 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 contract- ing parties. Article IV. On the part of each country the surrender of fugitives from jus- tice shall be made only by the authority of the Executive thereof, 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 MEXICO — ^1861. 1127 civil authority of the said frontier States or Territories, or if, from any cause, the civil authority of such State or Territory shall be suspended, then such surrender may be made by the chief military officer in 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 Gov- ernment or authority of the frontier State or Territory in whose name the requisition shall have been made. Article VI. The provisions of the present treaty shall not be applied in any manner to any crime or offence of a purely political character, nor shall it embrace the return of fugitive slaves, nor the delivery of criminals who, when the offence was committed, shall have been held in the place where the offence was committed in the condition of slaves, the same being expressly forbidden by the Constitution of Mexico; nor shall the provisions of the present treaty be applied in any manner to the crimes enumerated in the third article committed anterior to the date of the exchange of the ratifications hereof. Neither of the contracting parties shall be bound to deliver up its own citizens under the stipulations of this treaty. Aettcle VII. This treaty shall continue in force until it shall be abrogated by the contracting parties, or one of them ; but it shall not be abrogated except by mutual consent, unless the party desiring to abrogate it shall give twelve months’ previous notice. Article VIII. The present treaty shall be ratified in conformity with the Consti- tutions of the two countries, and the ratifications shall be exchanged at the city of Mexico within six months from the date hereof, or earlier if possible. In witness whereof we, the Plenipotentiaries of the United States of America and of the United Mexican States, have signed and sealed these presents. Done in the city of Mexico on the 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.] Thos. Corwin. [seal.] Seb’n Lerdo de Tejada. 1128 TREATIES, CONVENTIONS, ETC. 1868. Claims Convention.®* * Concluded July J/., 1868; ratification advised hy the Senate July ^5, 1868; ratified hy the President January 25^ 1869; ratifications ex- changed February 1, 1869; 'proclaimed February i, 1869. Abticles. I. Claims. II. Commissioners. III. Time for presenting and decision. IV. Award. V. Finality of settlement. VI. Records, etc. VII. Ratification. Whereas it is desirable to maintain and increase the friendly feel- ings between the United 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 com- plaints have been made by citizens of the United States, on account of injuries to their persons and their property by authorities of that republic, and similar claims and complaints have been made on ac- count of injuries to the persons and property of Mexican citizens by authorities of the United States, the President of the United States of America and the President of the Mexican Republic have 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 Mexican Republic, Matias Romero, accredited as Envoy Extraordinary and Minister Plenipotentiary of the Mexican Republic to the United States; who, after having communicated to each other their respective full powers, found in good and due form, have agreed to the following articles : Article I. All claims on the part of corporations, companies, or private indi- viduals, citizens of the United States, upon the Government of the Mexican Republic, arising from injuries to their persons or property by authorities of the Mexican Republic, and all claims on the part of corporations, companies, or private individuals, citizens of the Mexi- can Republic, 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 Government for its interposition with the other since the signature of the treaty of Guadalupe Hidalgo between the United States and the Mexican Re- public of the 2d of February, 1848, and which yet remain unsettled, as well as any other such claims which may be presented within the time hereinafter specified, shall be referred to two commissioners, one to be appointed by the President of the United States, by and “Federal cases: Frelingfiuysen v. Key (110 IT. S., 63) : Ailing v. U. S. (114 U. S., 562) ; U. S. ex rel. Boynton v. Blaine (139 U. S., 306) ; U. S. ex rel. Key V. Frelingfiuysen (2 Mackey (D. C.), 299). * See extension conventions, 1871, p. 1133 ; 1872, p. 1134 ; 1874, p. 1136. MEXICO — 1868, 1129 with the advice and consent of the Senate, and one by the President of the Mexican Republic. In case of the death, absence, or incapacity of either commissioner, or in the event of either commissioner omit- ting or ceasing to act as such, the President of the United States or the President of the Mexican Republic, 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 convention, and shall, before proceeding to business, 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 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 Republic, 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 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 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 incapacity of such person or persons, or of his or their omitting, or declining, or ceasing to act as such umpire, another and different person 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, Artilce II. The commissioners shall then conjointly proceed to the investiga- tion and decision of the claims which shall be presented to their notice, 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 state- ments which may be presented to them by or on behalf of their re- spective 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 to their assistance the umpire whom they may have agreed to name, or who may be deter- mined by lot, as the case may be ; and such umpire, after having exam- ined 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 1130 TBEATIES, CONTENTIONS, ETC. appeal. The decision of the commissioners and of the umpire shall be given upon each claim in writing, shall designate whether any sum which may be allowed shall be payable in gold or in the currency of the United States, and shall be signed by them respectively. It shall be competent for each government to name 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 matters connected with the investigation and de- cision thereof. The President of the United States of America and the President of the Mexican Republic hereby solemnly and sincerely engage to consider the decision of the commissioners conjointly, or of the um- pire, 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 objection, evasion, or delay what- soever. It is agreed that no claim arising out of a transaction of a date prior to the 2d of February, 1848, shall be admissible under this con- vention. Article III. Every claim shall be presented to the commissioners within eight months from the day of their first meeting, unless in any case where reasons for delay shall be established to the satisfaction of the com- missioners, or of the umpire in the event of the commissioners dif- fering 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 two years and six months from the day of their first meeting. It shall be competent for the commissioners con- jointly, or for the umpire 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. Article IV. When decisions shall have been made by the commissioners and the arbiter in every case which shall have been laid before them, the total amount awarded in all the cases decided in favor of the 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 hundred thousand 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 close of the commission, to the government in favor of whose citizens the greater amount may have been awarded, with- out interest or any other deduction than that specified in Article VI of this convention. The residue of the said balance shall be paid in annual instalments to an amount not exceeding three hundred thou- sand dollars, in gold or its equivalent, in any one year until the whole shall have been paid. 1131 ^ORLIGW MISSIONS LIBRARY, rifnu Yrric, Aktici/E V. The high contracting parties agree to consider the result of the proceedings of this commission as a full, perfect, and final settlement of every claim upon either government arising out of any transac- tion 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 to the notice of, made, preferred, or laid before the said commission, shall, from and after the con- clusion of the proceedings of the said commission, be considered and treated as finally settled, barred, and thenceforth inadmissible. Article VI. The commissioners and the umpire shall keep an accurate record and correct minutes of their proceedings, with the dates. For that purpose they shall appoint two secretaries versed in the language of both countries to assist them in the transaction 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 recommendation 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, including contingent expenses, shall be defrayed by a ratable deduction on the amount of the sums awarded by the commission, provided always that such deduction shall not exceed five per cent, on the sums so awarded. The defi- ciency, 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 Republic, with the ap- probation of the Congress 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, and have affixed thereto the seals of their arms. Done at Washington, the fourth day of July, in the year of our Lord one thousand eight hundred and sixty-eight. [seal.] William H. Seward, [seal.] M. Romero. The commission provided for in the foregoing treaty was duly ap- pointed and concluded its work January 31, 1876, rendering awards in favor of citizens of the United States to the amount of $4,125,622.20 and $150,498.41 in favor of citizens of Mexico. 1132 TBEATIES, CONVENTIONS, ETC. 1868.“ Convention Regulating Citizenship of Emigrants. Concluded July 10, 1868; ratification advised hy the Senate July 25, 1868; ratified hy the President January 27, 1869; ratifications ex- changed February 1, 1869; froclaimed February 1, 1869. Articles. 1. Treatment of naturalized citizens. II. Offenses committed before emigra- tion. III. Extradition convention. IV. Renunciation of citizenship. V. Duration. VI. Ratification. The President of the United States of America and the President of the Republic of Mexico, being desirous of regulating the citizenship of persons who emigrate from Mexico to the United States of Amer- ica, and from the United States of America to the Republic of Mex- ico, have decided to treat on this subject, and with this object have named as Plenipotentiaries, the President of the United States, Wil- liam H. Seward, Secretary of State; and the President of Mexico, Matias Romero, accredited as Envoy Extraordinary and Minister Plenipotentiary of the Republic of Mexico near the Government of the United States; who, after having communicated to each other their resjiective full powers, found in good and due form, have agreed upon the following articles : Article I. Those citizens of the United States who have been made citizens of the Mexican Republic by naturalization, and have resided, without interruption, in Mexican territory five years, shall be held by the United States as citizens of the Mexican Republic, and shall be treated as such. Reciprocally, citizens of the Mexican Republic who have become citizens of the United States, and who have resided un- interruptedly in the territory of the United States for five years, shall be held by the Republic of Mexico as citizens of the United States, 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 eft'ect of naturalization. This article shall apply as well to those already naturalized in either of the countries contracting as to those hereafter naturalized. Article II. Naturalized citizens of either of the contracting parties, on return to the territory of the other, remain liable to trial and punishment for an action punishable by the laws of his original country, and com- mitted before his emigration; saving always the limitations estab- lished by his original country. “ This convention was terminated February 11, 1SS2, upon notification given by Mexico. In re Rodriquez (81 Fed. Rep., 337). MEXICO — 1868-1871. 1133 Article III. The convention for the surrender in certain cases of criminals, fugi- tives from justice, concluded between the United States of America of the one part, and the Mexican Republic on the other part, on the eleventh day of December, one thousand eight hundred and sixty-one, shall remain in full force without any alteration. Article IV. If a citizen of the United States naturalized in Mexico renews his residence in the United States without the intent to return to Mexico, he shall be held to have renounced his naturalization in Mexico. Reciprocally, if a Mexican naturalized in the United States renews his residence in Mexico without the intent to return to the United States, he shall be held to have renounced his naturalization in the United States. The intent not to return may be held to exist when the person naturalized in the one country resides in the other country more than two years, but this presumption may be rebutted by 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 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 further remain in force until twelve months after either of the con- tracting 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 thereof, and by the President of the Mexican Republic, with the ap- proval of the Congress of that republic, and the ratifications shall be exchanged in Washington within nine months from the date hereof. In faith whereof the Plenipotentiaries have signed and sealed this convention at the city of Washington, this tenth day of July, in the year of our Lord one thousand eight hundred and sixty-eight. [seal.] William H. Seward. [seal.] M. Romero. 1871.“ Claims Convention. Concluded April 19, 1871; ratification advised hy the Senate Decem- ber 11, 1871 ; ratified by the President December 15, 1871; ratifica- tions exchanged February 8, 1872; proclaimed February 8, 1872. Whereas a convention was concluded on the 4th day of July, 1868, between the United States of America and the United States of Mexico, for the settlement of outstanding claims that have originated Extended by convention of 1872. 1134 TBEATIES, CONVENTIONS, ETC. since the signing of the treaty of Guadalupe Hidalgo, on the 2d of February, 1848, by a mixed commission limited to endure for two years and six months from the day of the first meeting of the com- missioners ; and whereas doubts have arisen as to 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 time originally fixed for the duration of the said commission should be extended, and to this end have named Plenipotentiaries to agree upon the best mode of effecting this object that is to say: The President of the United States of America, Thomas H. Nelson, accredited as Envoy Extraor- dinary and Minister Plenipotentiary of the United States of America to the Mexican Kepublic; and the President of the United States of Mexico, Manuel Azpiroz, Chief Clerk and in charge of the Ministry of Foreign Relations of the United States of Mexico; who. after having presented their respective powers, and finding them sufficient and in due form, have agreed upon the following articles: Article I. The high contracting parties agree that the term assigned in the convention of the 4th of J uly , 1868, above referred to, for the dura- tion of the said commission, shall be extended for a time not exceed- ing one year from the day when the functions of the said commis- sion 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 disagreement. 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 ratifications 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.] Thomas H. Nelson. [seal.] Manuel Azpiroz. 1872.“ Claims Convention. Concluded November ^7, 1872; ratification advised by the Senate with amendment March 9, 1873; ratified by the President March 10, 1873; ratifications exchanged July 17, 1873; proclaimed July 2^, 1873. Whereas, by the convention concluded between the United States and the Mexican Republic on the fourth day of July, 1868, certain ® See convention of 1874, p. 1136. MEXICO — 1872-1873. 1135 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 com- missioners; and llTiereas 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 commis- sion’s concluding its labors even within the period fixed by the afore- said convention of April nineteenth, 1871, is doubtful ; Therefore, the President of the United States of America and the President of the United States of Mexico, desiring that the term of the 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 Government of the United States as Envoy Extraordinary and Minister Plenipo- tentiary of said United States of Mexico, who, having exchanged their respective powers, which were found sufficient and in due form, have agreed upon the following articles: Article I. The high contracting parties agree that the said commission be revived and that the time fixed by the convention of April nineteenth, 1871, for the duration of the commission aforesaid, shall be extended for a term not exceeding two years from the day on which the func- tions of the said commission would terminate according to that con- vention, 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 convention for the presentation of claims to the commission. Article II. 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 their respective seals. Done in the city of AVashington the twenty-seventh day of Novem- ber, in the year one thousand eight hundred and seventy-two. [seal.] Hamilton Fish. [seal.] Igno. Mariscal. 1873. Extension Protocol. Concluded Janvury 81, 1873. PROTOCOL. AVhereas the Convention between the United States and the Mexi- can Republic of the 19th of April 1871, stipulates that the Commis- 1136 TEEATIES, CONVENTIONS, ETC. sion to which it relates shall be extended for a term not exceeding one year from the day when the functions of the said Commission would terminate pursuant to the Convention of the 4th of July, 1868, which year will expire on the last day of this month; and Whereas a Convention for the still further prolongation of that Commission has been signed, but, owing to unavoidable circum- stances, has not seasonably been ratified by the parties ; Now, therefore, be it known, that the Undersigned, Hamilton Fish, Secretary of State of the United States, and Ignacio Mariscal, Envoy Extraordinary and Minister Plenipotentiary of the Mexican Republic, upon due consultation one with the other, have deemed it advisable, under the circumstances for the interests of the parties to the said Convention, that the apartments heretofore occupied by the said Commission shall, with the papers and books relating to the business continue in the custody of the respective Secretaries thereof, until the pleasure of both Governments in regard to the further prosecution of the business of the Commission shall be definitely known. It is further understood that all the expenses which may attend this continued occupation, including the rent of the apartments, fuel, messengers and other incidental charges, shall be borne and de- frayed equally, one half by the United States and one half by the Mexican Government. Hamilton Fish Igno. Mariscal Washington, January 31, 1873. 1074.“ Convention for the Further Extension of Duration of the Joint Commission for the Settlement of Claims. Concluded November 20, 1874.; ratification advised by the Senate January 20, 1875; ratified by the President January 22, 1876; rati- fications exchanged January 28, 1875; proclaimed January 28, 1876. Articles. I. Duration extended. III. Cases decided by commission; II. Umpire allowed additional time. award. IV. Ratification. Whereas, pursuant to the convention between the United States and the Mexican Republic of the 19th day of April, 1871, the func- tions of the joint commission under the convention between the same parties of the 4th of July, 1868, were extended for a term not exceed- ing 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 be- tween 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 “Award. See p, 1131. MEXICO — 1874. 1137 two years from the day on which the functions of the said commis- sion would terminate pursuant to the said convention of the nine- teenth day of April, 1871; but whereas the said extensions have not proved sufficient for the disposal of the business before the said com- mission, the said parties being equally animated by a desire that all that business should be closed as originally contemplated, the Presi- dent of the United States has for this purpose conferred full powers on Hamilton Fish, Secretary of State, and the President of the Mexican Republic has conferred like powers on Don Ignacio Mariscal, Envoy Extraordinary and Minister Plenipotentiary of that republic to the United States. And the said Plenipotentiaries, having ex- changed their full powers, which were found to be in due form, have agreed upon the following articles. Article I. The high contracting parties agree that the said commission shall again be extended, and that the time now fixed for its duration shall be prolonged for one year from the time when it would have expired pursuant to the convention of the twenty-seventh of November, 1872 ; that is to say until the thirty-first day of January in the year one thousand eight hundred and seventy-six. It is, however, agreed that nothing contained in this article shall in any wise alter or extend the time originally fixed by the convention of the 4th of July, 1868, aforesaid, for the presentation of claims to the commission. Article II. It is further agreed that, if at the expiration of the time when, pur- suant to the first article of this convention, the functions of the com- missioners will terminate, the umpire under the convention should not have decided all the cases which may then have been referred to him, he shall be allowed a further period of not more Ihan six months for that purpose. Article III. All cases which have been decided by the commissioners or by the umpire heretofore, or which shall be decided prior to the exchange of the ratifications of this convention, shall, from the date of such exchange be regarded as definitely disposed of, and shall be consid- ered and treated as finally settled, barred, and thenceforth inad- missible. And, pursuant to the stipulation contained in the fourth article of the convention of the fourth day of July, one thousand 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 pur- pose, either by the commissioners or by the umpire, in favor of citi- zens 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 hundred thousand dollars shall be paid at the city of Mexico, or at the city of Washington, in gold or its equivalent, 24449— VOL 1—10 72 1138 TEEATIES, CONVENTIONS, ETC. within twelve months from the 31st day of January one thousand eight hundred 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 con- vention. The residue of the said balance shall be paid in annual instalments to an amount not exceeding three hundred thousand dol- lars in gold or its equivalent, in any one year until the whole shall have been paid. Article IV. 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 November, in the year one thousand eight hundred and seventy- four. [seal.] Hamilton Fish, [seal.] Igno. Mariscal. 1876.“ Convention Extended Functions of the Umpire of the Joint Commission for the Settlement of Claims until November 20, 1876. Concluded April 39, 1876; rati-fication advised hy the Senate May 3Ji., 1876; ratified hy the President June 37, 1876; rxitifications ex- changed June 39, 1876 ; proclaimed June 39, 1876. Articles. I. Umpire continued. I III. Ratification. II. Awards; payment. j Whereas, pursuant to the Convention between the United States and the Mexican Eepublic of the 19th day of April, 1871, the func- tions of the joint commission under the Convention between the same parties of the 4th of July, 1868, were extended for a term not exceed- ing 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 be- tween 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 Avhich the functions of the said commis- sion would terminate pursuant to the said Convention of the nine- teenth day of April, 1871; And whereas pursuant to the Convention between the same parties, of the tAventieth day of November one thousand eight hundred and seventy-four, the said commission Avas again extended for one year from the time Avhen it Avould have expired pursuant to the CoiiA-en- tion of the twenty-seventh of November, one thousand eight hundred and seventy-two, that is to say, until the thirty-first day of January For aAvard see p. 1131, MEXICO — 1876. 1139 one thousand eight hundred and seventy-six; and it was provided that if at the expiration of that time, the Umpire under the Con- vention 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 ap- pointed pursuant to the Convention adverted to, to decide all the cases referred to him, within the said period of six months prescribed by the Convention of the twentieth of November one thousand eight hundred and seventy-four; And the parties being still animated by a desire that all that busi- ness should be closed as originally contemplated, the President of the United States has for this purpose conferred full powers on Hamilton Fish, Secretary of State, and the President of the Mexican Republic has conferred like powers on Don Ignacio Mariscal, Envoy Extraor- dinary 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 following articles : Abticle I. The high contracting parties agree that if the Umpire appointed under the Convention above referred to, shall not, on or before the expiration 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. Abticle II. It is further agreed that so soon after the twentieth day of Novem- ber one thousand eight hundred and seventy-six, as may be prac- ticable, the total amount awarded 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 hundred 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 J anuary one thousand eight hundred and seventy- seven, to the government in favor of whose citizens the greater amount may have been awarded, without interest or any other deduc- tion than that specified in Article VI of the said Convention of July 1868. The residue of the said balance shall be paid in annual instal- ments on the thirty-first day of January in each year, to an amount not exceeding three hundred thousand dollars, in gold or its equiva- lent, in any one year, until the whole shall have been paid. ARTICnE III. The present Convention shall be ratified, and the ratifications shall be exchanged at Washington, as soon as possible. 1140 TREATIES, CONVENTIONS, ETC. In witness whereof 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.] Igno. Mariscal. 1876. Protocol Concerning Compensation of Umpire under Treaty of 1868, Concluded December 1876. PROTOCOL Whereas the Convention for the adjustment of claims provided for by the Convention between the United States and the Mexican Republic of the 4th of July 1868, stipulates in its Sixth Article that the compensation to be paid to the Umpire shall be determined by mutual consent at the close of the Commission : And whereas the said Commission, though continued from time to time by subsequent Conventions, has concluded its functions and come to a close: And whereas the same Article stipulates that the whole expenses of the Commission, including contingent expenses, shall be defrayed by a ratable deduction on the amount of the sums awarded by that Commission, provided always that such deduction shall not exceed five per cent on the sums so awarded, the deficiency, if any, to be defrayed in moieties by the two governments : Now, Therefore, the Undersigned, Hamilton Fish, Secretary of State, and Don Ignacio Mariscal, accredited to the government of the United States as Envoy Extraordinary and Minister Plenipotentiary of the Mexican Republic, have this day met for a consideration of these subjects, and have determined that the compensation of the Umpire aforesaid shall be at the rate of six thousand dollars a year. Consequently, deducting the advances made by each Government to Doctor Leiber during the time of his service as Umpire, there re- mains the sum of eighteen thousand five hundred and fifty dollars for compensation of the Umpire, one half payable by each Govern- ment. The advances and payments made to Doctor Leiber were six thousand one hundred and thirty-nine dollars and seventy-two cents, paid by each Government, in all twelve thousand two hundred and seventy-nine dollars and forty-four cents. The expenses of the Commission contemplated in Article VI of the Convention including the contingent expenses, have amounted to one hundred and seventy-eight thousand seven hundred and thirty eight dollars and forty-six cents, equal to four per cent — and seventeen thousand nine hundred and ninety-two one hundred thou- sandths of one per cent, on the total amount of awards on both sides. MEXICO — 1876-1882. 1141 The Undersigned have also caused the account hereunto annexed to be stated, and have approved the same under their respective hands. Hamilton Fish SecK of State Ign° Mariscal Washington IJf^ December 1876. 1882.0 Boundary Convention. Concluded July 29, 1882; ratification advised by the Senate August 8, 1882; rati^ed by the President January 29, 1883; ratifications ex- changed March 3, 1883; proclaimed March 5, 1883. Abticles. I. Preliminary reconnaissance. II. International Boundary Commis- sion authorized. III. Powers of commission. IV. Boundary monuments. V. Reports of commission. VI. Expenses. VII. Payment for monuments. VIII. Duration of commission, IX. Protection of monuments; ratifi- cation. 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 desirous 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 de- fining 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. Frelinghuysen, Esquire, Secretary of State of the United States of America; and the President of the United States of Mexico, Senor Don Matis Romero, Envoy Extraordinary and Minister Plenipoten- tiary 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 the treaties of February 2nd, 1848, and December 3rd,* * 1853, and for deter- mining generally what monuments, if any, have been destroyed or removed and mav require to be rebuilt or replaced, a preliminary reconnaissance of the frontier line shall be made by each govern- ment, within six months from the exchange of ratifications of this •With the exception of Article IX this treaty has been fuliy executed. See conventions, pp. 1164, 1165, 1167, 1174, 1175, 1179, 1181, 1182, 1191, 1192. * Should be December 30th, 1853. 1142 TREATIES, CONVENTIONS, ETC. convention. These reconnaissances shall be made by parties under the control of officers of the regular army of the respective couiitries, 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 ratifications of this convention : (а) the condition of the present boundary monuments; (б) the number of destroyed or displaced monuments; (jU-. f. f S‘'f ' /■ : 'k . -iT:' */.' . . ■ ilr?' •iV'. • -■ - ■'^ ■ , ^ , .' a:- , ■ ,:■ ^ . Jffe- . #;>'■■■■:■ ft ■-. ’r-^..:' •■ . V^' 0- ;t7 , •ri > 1 ia if*'..:: ■f^. 1 M 1 y ■J; tc: A f ^ /'' , s ’>* , . • 'V . 4" ■' • ■K ') - • X I 1 . 1 •/ '1 1 * . 'iV:' - -V' '' .j* V •/ • ...v^ '>V » i <:4 * *5 f