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Code · STATUTES-AT-LARGE · Vol. 13 STAT. · March 3, 1865 · Chapter CXLI

Chapter CXLI. for the Relief of Benjamin Vreeland, Surgeon in the Navy of the United States

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Chap. CXLI.— An Act for the Relief of Benjamin Vreeland, Surgeon in the Navy of the United States.March 3, 1865. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That there be paid to BenjaminPayment to Benjamin Vreeland. Vreeland, surgeon in the navy of the United States, out of any money in the treasury not otherwise appropriated, the sum of four hundred and forty-nine dollars and seven cents, being the difference of compensation to an assistant surgeon and a past assistant surgeon, from the ninth day of May, eighteen hundred and fifty-five, to the thirtieth day of March, eighteen hundred and fifty-seven.
Approved, March 3, 1865. 603 THIRTY-EIGHTH CONGRESS. Sess. II. Res. 2, 21, 22. 1865. RESOLUTIONS. No. 2: authorizing the Secretary of the Treasury to dispose of certain Moneys therein mentioned. Private Resolution 2 13 Stat. 603 1864-12-15 Little, Brown and Company text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-27 38 2 private [No. 2.] Joint Resolution *authorizing the Secretary of the Treasury to dispose of certain Moneys therein mentioned.*Dec. 15, 1864. *Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Secretary of the TreasuryCertain money may be paid over to Henry C.
De Ahna. be, and he is hereby, authorized to pay over to Henry C. De Ahna the sum of two thousand dollars, deposited by said De Ahna with Jay Cook and Company to the credit of C. V. Hogan, an employee in the secret service of the Treasury Department, or any part thereof, or to cause the whole or part of the same to be confiscated and paid over to the treasury of the United States, as, in the judgment of the Secretary, may appear just. Approved, December 15, 1864. No. 21: in the Matter of Sergeant Daniel Collett, Jr., deceased.
Private Resolution 21 13 Stat. 603 1865-02-25 Little, Brown and Company text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-27 38 2 private [No. 21.] Joint Resolution *in the Matter of Sergeant Daniel Collett, Jr., deceased.*Feb. 25, 1865. *Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Secretary of War be directed to cause the name of Daniel Collett, Jr., who died of wounds receivedDaniel Collett, Jr., deceased, to be on rolls of army as first lieutenant, &c. in battle, to be entered and borne upon the rolls of the army as a first lieutenant of the fortieth regiment of Ohio volunteer infantry, from the ninth day of May, eighteen hundred and sixty-four, the date to which he was commissioned to that office by the governor of the State of Ohio, the same as if he had been on that day mustered in as such first lieutenant.
Approved, February 25, 1865. No. 22: for the Relief of James B. Royce. Private Resolution 22 13 Stat. 603-604 1865-02-25 Little, Brown and Company text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-27 38 2 private [No. 22.] A Resolution *for the Relief of James B. Royce.*Feb. 25, 1865. Whereas, James B. Royce, of the town of Shrewsbury and State ofPreamble.
Vermont, entered the service of the United States as a private in company I, seventh regiment of Vermont volunteers, on the tenth day of February, eighteen hundred and sixty-two, and continued to serve in said company and regiment until the tenth day of February, eighteen hundred and sixty-three, on which day, at Fort Barrancas, Florida, by the premature discharge of a cannon at which he was engaged in target practice, he received injuries which resulted in the loss of his left arm and left eye, by reason of which disabilities he was discharged from the service on the fourth of December, eighteen hundred and sixty-three, having served twenty-one months and twenty-two days; and whereas, by reason of not having been discharged for wounds actually received in battle, he is not entitled to the benefit of the act entitled “An act to amend an act entitled ‘An act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property,’ approved July twenty-two,1861, ch. 9.Vol. xii. p. 268.1863, ch. 84.Vol. xii. p. 758. eighteen hundred and sixty-one,” approved March third, eighteen hundred and sixty-three; and whereas his case comes within the spirit and intent of said act:
Therefore, *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That the said James B. Royce,James B. Royce entitled to bounty. of Shrewsbury, Vermont, be, and he is hereby, declared entitled to the604THIRTY-EIGHTH CONGRESS. Sess. II. Res. 26, 38, 39, 40. 1865. benefit of said act, approved March third, eighteen hundred and sixty-three, the same as if he had been discharged from the service by reason of wounds received in battle, or had served out the full period of his enlistment.
Approved, February 25, 1865. No. 26: authorizing the Secretary of the Navy to advance to Paul S. Forbes two hundred and fifty thousand Dollars additional out of the Sum to be paid him under his Contract for building a Steam Screw Sloop-of-War. Private Resolution 26 13 Stat. 604 1865-03-02 Little, Brown and Company text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-27 38 2 private [No. 26.] Joint Resolution *authorizing the Secretary of the Navy to advance to Paul S.
Forbes two hundred and fifty thousand Dollars additional out of the Sum to be paid him under his Contract for building a Steam Screw Sloop-of-War.*March 2, 1865. *Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Secretary of the NavyAdvance of $250,000 to Paul S. Forbes. be, and he is hereby, authorized to pay to Paul S. Forbes, of the city of New York, the sum of two hundred and fifty thousand dollars, in addition to the sums heretofore paid, to apply on his contract of the date of May twenty-second, eighteen hundred and sixty-three, for building a steam screw sloop-of-war, the same being an advance payment on the contract, to aid in the completion of said sloop-of-war: *Provided,* That no part of said sum shall be paid without the assent in writing of the sureties of said Paul S.
Forbes: *And provided further,* That nothing in this resolution contained shall be so construed as in any manner to affect or vary said contract, except as to the time of making said payment. Approved, March 2, 1865. No. 38: for the Relief of Mrs. Lucy A. Rice, late of Richmond, Virginia. Private Resolution 38 13 Stat. 604 1865-03-03 Little, Brown and Company text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2026-01-27 38 2 private [No. 38.] A Resolution *for the Relief of Mrs. Lucy A. Rice, late of Richmond, Virginia.*March 3, 1865. Whereas Mrs. Lucy A. Rice, late of Richmond, Virginia, by her couragePreamble. and patriotic devotion in saving Colonel Streight and his party, and enabling them to make their escape from the hands of the rebels, has deserved well of the country, *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That the sum of one thousand fiveGift of $1500 to Lucy A.
Rice. hundred dollars be, and the same is hereby, appropriated to said Lucy A. Rice, her heirs or administrators, out of any moneys in the treasury not otherwise appropriated. Approved, March 3, 1865. No. 39: authorizing the Acceptance of a Sword of Honor from the Government of Great Britain, by Captain Henry S. Stellwagen, of the United States Navy. Private Resolution 39 13 Stat. 604 1865-03-03 Little, Brown and Company text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2026-01-27 38 2 private [No. 39.] A Resolution *authorizing the Acceptance of a Sword of Honor from the Government of Great Britain, by Captain Henry S. Stellwagen, of the United States Navy.*March 3, 1865. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That Captain Henry S. Stellwagen,Captain Stellwagen of the navy may receive a sword of honor from government of Great Britain. of the navy of the United States, be, and he hereby is, authorized to accept the sword of honor recently presented to him by the government of Great Britain as a mark of their gratitude for the assistance rendered by him, while in command of the frigate Constellation, to the British brigantine Mersey when in a disabled condition.
Approved, March 3, 1865. No. 40: for the Relief of Garrett R. Barry, a Paymaster in the United States Navy. Private Resolution 40 13 Stat. 604 1865-03-03 Little, Brown and Company text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-27 38 2 private [No. 40.] A Resolution *for the Relief of Garrett R. Barry, a Paymaster in the United States Navy.*March 3, 1865. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That Paymaster Garrett R.
Barry,Garrett R. Barry released as surety of John De Bree. United States navy, be, and he is hereby, released from his liability as surety of John De Bree, formerly paymaster in the navy of the United States. Approved, March 3, 1865. July 11, 1861 Treaty 13 Stat. 605 TREATY WITH DENMARK. July 11. 1861. 605 TREATIES. *Additional Articles to the General Convention of Friendship, Commerce, and Navigation between the United States and Denmark, of April* 26, 1826. *Concluded at Washington, July* 11, 1861 ; *Ratifications exchanged, September* 18, 1861. *Proclaimed by the President of the United States, September* 20, 1861.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. July 11, 1861. Whereas additional articles to the General Convention of Friendship,Preamble. Commerce, and Navigation between the United States and Denmark, of the 26th of April, 1826, were concluded and signed by the respectiveVol. viii. p. 340. Plenipotentiaries of the parties, at Washington, on the eleventh day of July last, which additional articles, being in the English and French languages, are word for word as follows : — ADDITIONAL ARTICLES.
To the General Convention of Friendship, Commerce and Navigation, concluded at Washington on the twenty-sixth day of April, 1826, between the United States of America and His Majesty the King of Denmark. The United States of America and His Majesty the King of Denmark, wishing to favor their mutual commerce by affording, in their ports, every necessary assistance to their respective vessels, the undersigned Plenipotentiaries, being duly empowered for that purpose, have agreed upon the following additional articles to the General Convention of 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 Commercial Agents, shall have the right 606 as such to sit as judges and arbitrators 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 tranquillity of the country.
Not to prevent resort to the judicial authority.It is however understood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort on their return to the judicial authority of their country. article ii. Consuls-General, consuls, &c., may require the assistance of the local authorities to arrest deserters, &c.The Consuls-General, Consuls, Vice-Consuls and Commercial Agents are authorized to require the assistance of the local authorities for the search, arrest and imprisonment of the deserters from the ships of war and merchant-vessels of Mode of procedure.their country.
For this purpose they shall apply to the competent tribunals, judges and officers, and shall in writing demand said deserters, proving by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, or, if the vessel shall have departed, by copy of said 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 Deserters when arrested how to be disposed of.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 607 by a vessel of the same nation, or any other vessel whatsoever. But if not sent back within three months from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause.
However, if the deserter should be found to have committed any crime or offence, his surrender may be delayed until the 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 thousand eight hundred and twenty-six, and being approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Denmark, the ratifications shall be exchanged at Washington within six months from the date hereof, or sooner, if possible.
In faith whereof, we, the undersigned, in virtue of our respective full powers, have signed the present additional articles, and have thereto affixed our seals. Done in triplicate at the city of Washington, on the eleventh day of July, in the year of our Lord one thousand eight hundred and sixty-one. WILLIAM H. SEWARD, [l. s.] W. R. RAASLOFF. [l. s.] ARTICLES ADDITIONNELS.Additional articles. A la Convention Générale d’Amitié, de Commerce et de Navigation conclue à Washington le vingt-six Avril mil huit cent vingt-six entre Sa Majesté le Roi de Danemark et les Etats-Unis d’Amérique.
Sa Majesté le Roi de Danemark et les Etats-Unis d’Amérique désireux de favoriser leur commerce réciproque, en accordant dans leurs ports toute aide et assistance nécessaire à leurs navires respectifs, les soussignés Plénipotentiaires ayant été dûment autorisés à cet effet, sont tombés d’accord sur les articles suivants, additionnels à la Convention Générale d’Amitié, de Commerce et de Navigation conclue à Washington le vingt-six Avril mil huif cent vingt-six, entre les deux parties contractantes. article i.
Les Consuls-Généraux, Consuls,Consuls-General, consuls, &c., may sit as judges and arbitrators. Vice-Consuls, et Agents Commerciaux respectifs auront le droit 606 comme tels, de siéger comme juges et arbitres dans les différents qui se seront éléves en mer on s’élèveront dans les ports entre le capitaine, les officiers et l’équipage des bâtimens de la nation dont ils soignent les intérêts, particulièrement pour le réglement des salaires et l’exécution des engagements réciproquement consentis, sans que les autorités locales puissent y intervenir, il moins que la conduite de l’équipage, des officiers ou des capitaines ne troublât l’ordre ou la tranquillité du pays.
Il est bien entendu cependant., que cette espèce de jugement ou d’arbitrage ne saurait priver les parties contondantes du droit qu’elles ont, à leur retour, de recourir aux autorités judiciaires de leur pays. article ii. Les Consuls-Généraux, Consuls, Vice-Consuls, et Agents Commerciaux seront autorisés à requérir l’assistance des autorités locales pour la recherche, l’arrestation et l’emprisonnement des déserteurs des bâtimens de guerre et de commerce de leur pays. Ils s’addresseront à cet effet aux tribunaux, juges et officiers compétents et réclameront par écrit les déserteurs susmentionnés en prouvant par l’exhibition des registres des bâtimens ou rôles des équipages ou par d’autres documens officiels, ou si le bâtiment était parti par copie des dites pièces dûment certified par eux, que ces individus font partie du dit équipage.
Cette réclamation, ainsi justifiée, la remise ne pourra leur être refusée à moins qu’il ne soit dûment prouvé que les dits individus sont des sujets ou des citoyens du pays où la remise est réclamée. Ces déserteurs, lorsqu’ils auront été arrêtés, seront mis à la disposition des dits Consuls-Généraux, Consuls, Vice-Consuls ou Agents Commerciaux, et pourront être enfermés dans les prisons publiques à la réquisition et aux frais de ceux qui les réclament pour être retenus jusqu’au moment où ils pourront être rendus aux bâtimens auxquels ils appartenaient ou pour être renvoyés dans leur pays sur 607 des bâtimens nationaux ou autres.
Mais s’ils ne sont pas renvoyés dans l’espace de trois mois à compter du jour de leur arrestation, ils seront mis en liberté et ne pourront plus être arrêtés pour la même cause. Toutefois si le déserteur se trou-vaitOffences against laws of the country to be punished. avoir commis quelque crime ou délit il pourra être sursis à sa remise jusqú à ce que le tribunal saisi de l’affaire ait rendu sa sentence et que celle-ci ait reçu son exécution. Les présents articles additionnelsEffect of present articles. auront la même force et valeur que s’ils étaient insérés, mot pour mot, dans la convention signée à Washington le vingt-six Avril mil huit cent vingt-six, et étant approuvés et ratifiés par Sa Majesté le Roi de Danemark et par le Président des Etats-Unis par et avec l’avis et le consentement du Sénat des dits Etats, les ratifications en seront échangées à Washington dans l’espace de six mois à dater de ce jour ou plutôt si faire se peut.
En foi de quoi nous, les soussignés, en vertu de nos pleins pouvoirs respectifs, avons signé les présents articles additionnels et y avons apposé nos sceaux. Fait par triplicate en la cité de Washington le onze juillet l’an de grâce mil-huit-cent soixante un. (Signed)Signature. W. R. RAASLOFF. [l. s.] WILLIAM H. SEWARD, [l. s.] And whereas the said additional articles have been duly ratified onRatification. both parts and the respective ratifications of the same were exchanged in the city of Washington, on the eighteenth instant, by William H.
Seward, Secretary of State of the United States, and W. R. Raasldff, Charge d’Affaires of His Majesty the King of Denmark in the United States, on the part of their respective governments : Now, therefore, be it known that I, Abraham Lincoln, President of theProclamation. United States of America, have caused the said additional articles to be made public, to the end that the same and every clause and article thereof may be observed and. fulfilled with good faith by the United States and the citizens thereof.
In witness whereof I have hereunto set my hand, and caused the seal of the United States to be affixed. 608 Done in the city of Washington this twentieth day of Sep- [l. s.] tember, in the year of our Lord one thousand eight hundred and sixty-one, and of the Independence of the United States the eighty-sixth. ABRAHAM LINCOLN. By the President, William H. Seward, Secretary of State. February 25, 1862 Treaty 13 Stat. 609 TREATY WITH THE OTTOMAN EMPIRE. February 25, 1862. 609 *Treaty between the United States of America and the Ottoman Empire.
Concluded at Constantinople, February* 25, 1862; *ratifications exchanged, June* 5, 1862 ; *proclaimed by the President of the United States, July* 2, 1862. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a treaty of commerce and navigation between the United States of America and the Ottoman Empire was concluded and signed by their respective Plenipotentiaries at Constantinople on the twenty-fifth day of February last, which treaty, being in the English and French languages, is word for word as follows : — Treaty of Commerce and Navigation between the Uriited States of America and the Ottoman Empire.
The United States of America on the one part, and his Imperial Majesty the Sultan of the Ottoman Empire on the other part, being equally animated by the desire of extending the commercial relations between their respective countries, have agreed, for this purpose, to conclude a treaty of commerce and navigation, and have named as their respective Plenipotentiaries, that is to say : The President of the United States of America, Edward Joy Morris, Minister Resident at the Sublime Porte; and his Imperial Majesty the Sultan of the Ottoman Empire, his highness Mehemed Emin Aali Pacha, Minister of Foreign Affairs, decorated with the Imperial orders of the Othmanieh in Brilliants, the Majidieh, and Order of Merit of the first class, and the grand crosses of several foreign orders; who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles : — 610 article i.
Privileges, &c., of former treaties confirmed, except as herein modified.All rights, privileges, and immunities which have been conferred on the citizens or vessels of the United States of America by the treaty already existing between the United States of America and the Ottoman Empire, are confirmed, now and forever, with the exception of those clauses of the said treaty which it is the object of the present treaty Rights of most favored nation.to modify; and it is moreover expressly stipulated that all rights, privileges, or immunities which the Sublime Porte now grants or may hereafter grant to, or suffer to be enjoyed by the subjects, ships, commerce, or navigation of any other foreign Power, shall be equally granted to and exercised and enjoyed by the citizens, vessels, commerce, and navigation of the United States of America. article ii.
Citizens of the United States may make purchases in the Ottoman Empire.The citizens of the United States of America, or their agents, shall be permitted to purchase, at all places in the Ottoman Empire and its possessions, (whether for the purposes of internal trade or of exportation,) all articles, without any exception whatsoever, the produce or manufacture of the said Empire and possessions; and the Sublime Porte having, in virtue of the second article of the convention of commerce of the 16th of August, 1838, with Great Britain, formally engaged to abolish all monopolies of agricultural produce, or of every other article whatsoever, as well as “Permits” abolished.all “permits” (*tezkerehs*) from the local governors, either for the purchase of any article or for its removal from one place to another when purchased, any attempt to compel the citizens of the United States of America to receive such “permits” from the local governors shall be considered as an infraction of this treaty, and the Sublime Porte shall immediately punish with severity any viziers or other officers who shall have been guilty of such misconduct, and shall render full justice to citizens of the United 611 States of America for all losses or injuries which they may duly prove themselves to have suffered thereby. article iii.
If any articles of Ottoman produce or manufacture be purchased by citizens of the United States of America, or their agents, for the purpose of selling the same for internal consumption in Turkey, the said citizens or their agents shall pay at the purchase and sale of such articles, and in any manner of trade therein, the same duties that are paid in similar circumstances by the most favored class of Ottoman subjects, or of foreigners in the internal trade of the Ottoman Empire. article iv.
No other or higher duties or charges shall be imposed in the dominions and possessions of either of the contracting parties, on the exportation of any article to the dominions and possessions 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 dominions and possessions of either of the two contracting Powers to the dominions and possessions of the other, which shall not equally extend to the exportation of the like article to any other country.
No charge or duty whatsoever will be demanded on any article of Ottoman produce or manufacture purchased by citizens of the United States of America, or their agents, either at the place where such article is purchased or in its transit from that place to the place whence it is exported, at which it will be subject to an export duty not exceeding eight *per cent.*, calculated on the value at the place of shipment, and payable on exportation; and all articles which shall once have paid this duty shall not again be liable to the same duty, however 612 they may have changed hands within any part of the Ottoman Empire.
To be reduced one per cent, annually.It is furthermore agreed that the duty of eight *per cent.*, above mentioned will be annually reduced by one *per cent.*, until it shall be, in this manner, finally reduced to a fixed duty of one *per cent.*, *ad valorem*, destined to cover the general expenses of administration and control. article v. Duties on imports not to be higher than, &c.No other or higher duties shall be imposed on the importation into the United States of America of any article the produce or manufacture of the dominions and possessions of his Imperial Majesty the Sultan, from whatever place arriving, whether by sea or by land ; and no other or higher duties shall be imposed on the importation into the dominions and possessions of his Imperial Majesty, of any article the produce or manufacture of the United States of America, from whatever place arriving, than are or may be payable on the like article the produce or manufacture of any other foreign country ; nor shall any prohibitionProhibitions. be maintained or imposed on the importation of any article, the produce or manufacture of the dominions and possessions of either of the contracting parties, into the dominions and possessions of the other, which shall not equally extend to the importation of the like articles, being the produce or manufacture of any other country.
His Imperial Majesty further engages that, save as hereinafter excepted, he will not prohibit the importation into his dominions and possessions of any article the produce and manufacture of the United Import duties not to exceed eight per cent.States of America, from whatever place arriving; and that the duties to be imposed on every article the produce or manufacture of the United States of America imported into the empire and possessions of his Imperial Majesty the Sultan, 613 shall in no case exceed one fixed rate of eight *per cent.*, *ad valorem*, or a specific duty, fixed by common consent, equivalent thereto.
Such rate shall be calculated upon the value of such articles at the wharf, and shall be payable at the time of their being landed, if brought by sea, or at the first custom-house they may reach, if brought by land. If these articles, after having paid the import duty of eight *per cent.*, are sold either at the place of their arrival or in the interior of the country, neither the buyer nor the seller shall be charged with any further duty in respect to them; and if such articles should not be sold for consumption in the Ottoman Empire, but should be reexported within the space of six months, the same shall be considered as merchandise in transit by land, and be treated as is stated hereinafter in Article XII. of this treaty; the administration of the customs being bound to restore, at. the time of their re-exportation, to the merchant, who shall be required to furnish proof that the goods in question have paid the import duty of eight *per cent.*, the difference between that duty and the duty levied on goods in transit by land, as set forth in tile article above cited. article vi.
It is understood that any article, the produce or manufacture of a foreign country intended for impor-tation into the United Principalities of Moldo-Wallachia, or into the Principality of Servin, which shall pass through any other part of the Ottoman Empire, will not be liable to the payment of customs duty until it reaches those principalities; and, on the other hand, that any article of foreign produce or manufacture passing through those principalities but destined for some other part of the Ottoman Empire, will not be liable to the payment of customs duty until such article reaches the first custom-house under the direct administration of the Sublime Porte.
The same course shall be fol- 614 lowed with respect to any article the produce or manufacture of those principalities, as well as with respect to any article the produce or manufacture of any other portion of the Ottoman Empire, intended for exportation. Such articles will be liable to the payment of customs duties, the former to the custom-house of the aforesaid principalities, and the latter to the Ottoman custom-house ; the object being that neither import nor export duties shall in any case be payable more than once. article vii.
Rights of warehousing, bounties, drawbacks, &c.The subjects and citizens of the contracting parties shall enjoy, in the dominions and possessions of the other, equality of treatment with native subjects or citizens in regard to warehousing, and also in regard to bounties, facilities, and drawbacks. article viii. Imports in vessels of either country to be charged the same duty.All articles which are or may be legally importable into the United States of America, in vessels of the United States, may likewise be imported in Ottoman 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; and, reciprocally, all articles which are or may be legally importable into the dominions and possessions of his Imperial Majesty the Sultan in Ottoman vessels, may likewise be imported in vessels of the United States without being liable to any other or higher duties or charges, of whatever denomination, than if such articles were imported in Ottoman vessels.
Such reciprocal equality of treatment shah take effect without distinction, whether such articles come directly from the place of origin or Same rule as to exports.from any other country. In the same manner there shall be perfect equality of treatment in regard to exportation, so that the same export duties shall be paid, and the same bounties and drawbacks al- 615 lowed in the dominions and possessions of either of the contracting parties on the exportation of any article which is, or may be, legally exportable therefrom, whether such exportations shall take place in Ottoman or in vessels of the United States, and whatever may be the place of destination, whether a port of either of the contracting parties, or of any third power. article ix.
No duties of tonnage, harbor, pilotage, light-house, quarantine, or other similar or corresponding duties of whatever nature, or under whatever denomination, levied in the name or for the profit of government, public functionaries, private individuals, corporations, or establishments of any kind, shall be imposed in the ports of the dominions and possessions of either country upon the vessels of the other country which shall not equally, and under the same conditions, be imposed in the like cases on national vessels in general.
Such equality of treatment shall apply reciprocally to the respective vessels, from whatever port or place they may arrive and whatever may be their place of destination. article x. All vessels which, according to the laws of the United States, are to be deemed vessels of the United States, and all vessels which, according to Ottoman laws, are to be deemed Ottoman vessels, shall, for the purposes of this treaty, be deemed vessels of the United States and Ottoman vessels respectively. article xi.
No charge whatsoever shall be made upon goods of the United States, being the produce or manufacture of the United States of America, whether in vessels of the United States or other vessels, nor upon any goods the produce or 616 manufacture of any other foreign country carried in vessels of the United States, when the same shall pass through the Straits of the Dardanelles, or of the Bosphorus, whether such goods shall pass through those straits in the vessels that brought them, or shall have been transshipped to other vessels ; or whether, after having been sold for exportation, they shall, for a certain limited time, be landed, in order to be placed in other vessels for the continuance of their voyage.
In the latter case, the goods in question shall be deposited at Constantinople, in the magazines of the custom-house, called transit magazines; and in any other places where there is no entrepot they shall be placed under the charge of the administration of the customs. article xii. Transit duty to be reduced.The Sublime Porte, desiring to grant, by means of gradual concessions, all facilities in its power to transit by land, it is stipulated and agreed that the duty of three *per cent.*, levied up to this time on articles imported into the Ottoman Empire, in their passage through the Ottoman Empire to other countries, shall be reduced to two *per cent.*, payable as the duty of three *per cent*, has been paid hitherto, on arriving in the Ottoman dominions ; and at the end of eight years, to be reckoned from the day of the exchange of the ratifications of the present treaty, to a fixed and definite tax of one *per cent.*, which shall be levied, as is to be the case with respect to Ottoman produce exported, to defray the expense of registration.
Frauds may be prevented.The Sublime Porte, at the same time, declares that it reserves to itself the right to establish, by a special enactment, the measures to be adopted for the prevention of fraud. article xiii. Taxes upon and rights of citizens of the United States.Citizens of the United States of America, or their agents, trading in goods the produce or manufacture 617 of foreign countries, shall be subject to the same taxes and enjoy the same rights, privileges, and immunities, as foreign subjects dealing in goods the produce or manufacture of their own country. article xiv.
An exception to the stipulations laid down in the fifth article shall be made in regard to tobacco in any shape whatsoever, and also in regard to salt, which two articles shall cease to be included among those which the citizens of the United States of America are permitted to import into the Ottoman dominions. Citizens of the United States, however, or their agents, buying or selling tobacco or salt for consumption in the Ottoman Empire, shall be subject to the same regulations and shall pay the same duties as the most favored Ottoman subjects trading in the two articles aforesaid ; and furthermore, as a compensation for the prohibition of the two articles above mentioned, no duty whatsoever shall in future be levied on those articles when exported from the Ottoman Empire by citizens of the United States.
Citizens of the United States shall, nevertheless, be bound to declare the quantity of tobacco and salt thus exported to the proper custom-house authorities, who shall, as heretofore, have the right to watch over the export of these articles, without thereby being entitled to levy any tax thereon on any pretence whatsoever. article xv. It is understood between the two contracting parties that the Sublime Porte reserves to itself the faculty and right of issuing a general prohibition against the importation into the Ottoman Empire of gunpowder, cannon, arms of war, or military stores, but such prohibition will not come into operation until it shall have been officially 618 notified, and will apply only to the articles mentioned in the decree enacting the prohibition.
Any of these articles which have not been so specifically prohibited shall, on being imported into the Ottoman Empire, be subject to the local regulations, unless the legation of the United States of America shall think fit to apply for a special license, which will in that case be granted, provided no valid objection thereto can be alleged. Gunpowder,Stipulations as to gunpowder when imported. in particular, when allowed to be imported, will be liable to the following stipulations : — 1.
It shall not be sold by citizens of the United States in quantities exceeding the quantities prescribed by the local regulations. 2. When a cargo or a large quantity of gunpowder arrives in an Ottoman port, on board a vessel of the United States, such vessel shall be anchored at a particular spot, to be designated by the local authorities, and the gunpowder shall thence be conveyed, under the inspection of such authorities, to depots, or fitting places designated by the government, to which the parties interested shall have access under due regulations.
Not to apply to what.Fowling-pieces, pistols, and ornamental or fancy weapons, as also small quantities of gunpowder for sporting, reserved for private use, shall not be subject to the stipulations of the present article. article xvi. Firmans.The firmans required for merchant-vessels of the United States of America, on passing through the Dardanelles and the Bosphorus, shall always be delivered in such manner as to occasion to such vessels the least possible delay. article xvii.
Manifests to be deposited in custom-house.The captains of merchant-vessels of the United States laden with goods destined for the Ottoman Empire shall be obliged, immediately on their arrival at the port of their destination, to deposit in the 619 custom-house of said port a true copy of their manifest. article xviii. Contraband goods will be liable to confiscation by the Ottoman treasury; but a report or *procés verbal*, of the alleged act of contraband, must, so soon as the said goods are seized by the authorities, be drawn up and communicated to the consular authority of the citizen or subject to whom the goods said to be contraband shall belong ; and no goods can be confiscated as contraband unless the fraud with regard to them shall be duly and legally proved. article xix.
All merchandise, the produce or manufacture of the Ottoman dominions and possessions, imported into the United States of America, shall be treated in the same manner as the like merchandise, the produce or manufacture of the most favored nation. All rights, privileges, or immunities, which are now or may hereafter be granted to, or suffered to be enjoyed by the subjects, vessels, commerce, or navigation of any foreign power in the United States of America shall be equally granted to, and exercised and enjoyed by the subjects, vessels, commerce, and navigation of the Sublime Porte. article xx.
The present treaty, when ratified, shall be substituted for the commercial convention of the 16th of August, 1838, between the Sublime Porte and Great Britain, on the footing of which the commerce of the United States of America has been heretofore placed, and shall continue in force for twenty-eight years from the day of the exchange of the ratifications; and each of the two contracting parties being, however, at liberty to give to the other, 620 Notice to terminate maybq, given, &c.at the end of fourteen years, (that time being fixed, as the provisions of this treaty will then have come into full force,) notice for its revision, or for its determination at the expiration of a year from the date of that notice, and so again at the end of twenty-one years.
Treaty to be executed in all the provinces of the Ottoman Empire.The present treaty shall receive its execution in all and every one of the provinces of the Ottoman Empire; that is to say, in all the possessions of his Imperial Majesty the Sultan, situated in Europe or in Asia, in Egypt and in the other parts of Africa belonging to the Sublime Porte, in Servia, and in the united Principalities of Moldavia and Wallachia. article xxi. Treaty to be construed fairly.It is always understood that the government of the United States of America does not pretend, by any article in the present treaty to stipulate for more than the plain and fair construction of the terms employed, nor to preclude in any manner the Ottoman government from the exercise of its rights of internal administration where the exercise of these rights does not evidently infringe upon the privileges accorded by ancient treaties or by the present treaty to citizens of the United States or their merchandise. article xxii.
Tariff of custom- house duties to be agreed on.The high contracting parties have agreed to appoint, jointly, commissioners for the settlement of a tariff of custom-house duties, to be levied in conformity with the stipulations of the present treaty, as well upon merchandise of every description, being the produce or manufacture of the United States of America, imported into the Ottoman Empire, as upon articles of every description the produce or manufacture of the Ottoman Empire and its possessions, which citizens of the United States or their agents are free to purchase in any part of the Ottoman Empire for exportation to the United States or 621 to any other country.
The new tariff, to be so concluded, shall remain in force during seven years, dating from the date of the exchange of the ratifications. Each of the contracting parties shall have the right, a year before the expiration of that term, to demand the revision of the tariff. But if, during the seventh year, neither the one nor the other of the contracting parties shall avail itself of this right, the tariff then existing shall continue to have the force of law for seven years more, dating from the day of the expiration of the seven preceding years ; and the same shall be the case with respect to every successive period of seven years. article xxiii.
The present treaty shall be ratified and the ratifications shall be exchanged at Constantinople in three calendar months, or sooner, if possible, and shall be carried into execution when ratified. Done at Constantinople on the twenty-fifth day of February, eighteen hundred and sixty-two. EDWARD JOY MORRIS, [l. s.] A ALI. [l. s.] Traité de Commerce et de Navigation entre les Etats-Unis d’Amérique, et Sa Majesté Impériale le Sultan de l’Empire Ottoman. Les Etats-Unis d’Amérique d’uneContracting parties. part, et Sa Majesté Impériale le Sultan de l’Empire Ottoman de l’autre part, étant également animés du désir d’étendre les relations commerciales entre leurs pays respectifs, sont convenus, â cet effet, de conclure un Traité de Commerce et de Navigation, ont nommé pour leurs Plénipotentiaires, savoir:
Le PrésidentPlenipotentiaries. des Etats-Unis d’Amérique — Edward Joy Morris, Ministre Résident des Etats-Unis d’Amérique près la Sublime Porte; Sa Majesté Impériale le Sultan, Mouhammed-Emin — Aali Pacha, Son Ministre des Affaires Etrangères, décoré des Ordres Impériaux de l’Osmanié en brillants, du Médjidié et du Mérite de 1ere Classe, Grand Croix de plusieurs Ordres Etrangers. Les quels, après s’être communiqué leurs pleins pouvoirs respectifs, trouvés en bonne et due forme, sont convenus des articles suivants. 610 article i.
Tous les droits, privileges et immunités, qui ont été conférés aux citoyens ou aux bâtimens des Etats-Unis d’Amérique par le Traité déjà existant.entre les Etats-Unis d’Amérique et l’Empire Ottoman sont confirmés maintenant et pour toujours, â l’exception des clauses du dit Traité que le présent Traité a pour objet de modifier; et il est, én outre, expressément stipule que tous les droits, privilèges et immunités que la Sublime Porte accorde â présent, ou pourra accorder â l’avenir, aux sujets, bâtimens, commerce ou navigation de toute autre Puissance Etrangère, ou dont elle pourra tolérer la jouissance seront également accordés, et l’exercice et la jouissance en seront laissés aux citoyens, bâtimens, commerce, et navigation des Etats-Unis d’Amérique. article ii.
Il sera permis aux citoyens des Etats-Unis d’Amérique, ou à leurs ayant cause, d’acheter dans toutes les parties de l’Empire et des possessions Ottomanes (soit pour en faire le commerce à l’intérieur, soit pour les exporter) tous les articles, sans exception quelconque, provenant du sol ou de l’industrie du dit Empire, et des dites possessions; et la Sublime Porte, en vertu du deuxième article de la Convention Commerciale du 16 Août 1838 avec la Grande Bretagne, s’étant engagée, formellement, à abolir tous les Monopoles sur les produits de l’Agriculture ou tout autre article quelconque, ainsi que les Permis (Tezkérés) émanant des Gouverneurs locaux pour autoriser l’achat d’un article ou son transport d’un lieu à un autre après l’acquisition, toute tentative ayant pour but de contraindre les citoyens des Etats-Unis d’Amérique à recevoir d’un Gouverneur Local ces sortes de permis, sera considérée comme une infraction aux Traités, et la Sublime Porte punira, immédiatement, avec sévérité tout Visit, ou autre fonctionnaire qui se sera rendu coupable de cette infraction et rendra pleine justice 611 aux citoyens des Etats-Unis d’Amérique pour tout préjudice ou toute . perte, qu’ils pourront dûment prou ver avoir subis pour cette cause. article iii.
Les négociants des Etats-UnisDuties on articles purchased for consumption in Turkey. d’Amérique, ou leurs ayant cause, qui achèteront un produit quelconque du sol ou de l’industrie Ottomane dans le but de le revendre pour la consommation dans l’intérieur de la Turquie, paieront lors de l’achat et de la vente de cet objet, et pour toute espèce d’opération ocommerciale y relative, les mêmes droits, qui sont payés dans les circonstances analogues par les plus favorisés parmi les sujets Ottomans ou étrangers engagés dans le commerce intérieur de l’Empire Ottoman. article iv.
Aucun droit, aucune charge imposéDuties on exports not to be higher than, &c. dans le Territoire ou les Possessions de l’une des Parties Contractantes sur l’exportation d’un article quelconque destiné à être importé dans le Territoire, ou les Possessions de l’autre Partie, ne seront autres, ni plus élevés que ce qui est, ou peut être payable sur l’exportation de ce même article destiné à être importéProhibitions. dans tout autre pays; et il n’y aura de prohibition frappant l’exportation d’un article, quelconque, du Territoire ou des Possessions de l’une des deux Parties Contractantes, et destiné à être importé dans le Territoire ou les possessions de l’antre Partie, qu’autant que cette prohibitionExport duty of eight per cent. s’étendrait également sur l’exportation de ce même article à tout autre pays.
Aucune charge, aucun droit, quelconque ne sera exigé sur un article de production ou de fabrication Ottomane, acheté par des citoyens des Etats-Unis d’Amérique, ou leurs ayant cause, soit à l’endroit où cet article aura été acheté, soit lors de son transport de cet endroit à l’endroit d’où il sera exporté, et où il sera assujetti à un droit d’exportation qui n’excédera pas huit pour cent, calculé sur la valeur à l’échelle, 612 et payable au moment d’etre ex porté; et tout article qui aura acquitté ce droit ne sera point assujetti de nouveau à ce même, droit, dans aucune autre partie de l’Empire Ottoman, quand même il aurait changé de mains.
Il est en outre convenu que le droit précité de huit pour cent sera réduit chaque année de un pour cent, jusqu’à ce qu’il soit de la sorte définitivement réduit à une taxe fixe de un pour cent (ad valorem) destiné il couvrir les frais généraux d’administration et de surveillance. article v. Aucun droit imposé sur l’importation dans les Etats-Unis d’Amérique d’un article quelconque produit du sol ou de l’industrie de l’Empire et des possessions de Sa Majesté Impériale le Sultan, (de quelque lieu qu’il arrive, que ce soit par terre ou par mer) à aucun droit imposé sur l’importation dans les Etats et possessions de Sa Majesté Impériale d’un article quelconque produit du sol ou de l’industrie des Etats-Unis d’Amérique (de quelque lieu qu’il arrive) ne sera autre ou plus élevé que ce qui est, ou peut être payable sur le même article produit du sol ou de l’industrie de tout autre pays.
De plus, aucune prohibition ne sera, ni maintenue, ni imposée, sur un article quelconque produit du sol ou de l’industrie des Pays et Possessions de l’une des Parties Contractantes, lors de son importation dans les Pays et Possessions de l’autre, si la dite prohibition ne s’étend pas à l’article en question, quand il est produit du sol ou de l’industrie de tout autre pays. Se Majesté Impériale s’engage en outre, sauf les exceptions ci-après, 4 ne pas prohiber l’importation dans les Etats et Possessions d’aucun article produit du sol ou de l’industrie des Etats-Unis d’Amérique, de quelque lieu qu’il arrive; et, d ce que les droits à percevoir sur les produits du sol ou de l’industrie des Etats-Unis d’Amérique importés dans les Etats et Possessions de Sa Majesté Impériale, n’excédent en aucun cas, 613 un taux fixe de huit pour cent (ad valorem) ou une tarification équivalente, fixée de commun accord.
Ce faux sera calculé sur la valeur des articles à l’échelle, et payable au moment de leur débarquement s’ils arrivent par mer, ou à la première Douane,.s’ils arrivent par terre. Si ces articles, après avoir payéNo further duty on articles sold in the country. le droit d’importation de huit pour cent., sont vendus, soit au lieu où ils arrivent soit dans l’inférieur du pays, ni l’acheteur ni le vendeur, ne pourront être ensuite soumis àaueun autre droit relativement h ees objets; et si ces articles ne doivent pas être vendus pour la consommation dans l’Empire Ottoman, mais qu’ils doivent être exportés deReëxportation. nouveau dans le délai de six mois, ils seront considérés comme marchandise de transit par terre, et traités comme il est dit dans l’Article XII. l’administration des Douanes étant alors tenue de restituer au moment de leur reexportation, au négociant (qui sera requis de fournir la preuve que le droit d’importation de huit pour cenr. à été acquitté) la différence entre ce droit et le droit de transit spécifié dans l’article précité. article vi.
Il est entendu que les articlesArticles intended for Moldo-Wallachia, or Sema; d’importation étrangère destinés aux Principautés Unis de Moldo-Valaehie et à celle de Serbie, et traversant les autres parties de l’Empire Ottoman n’acquitteront les droits de Douane qu’à leur arrivée dans ces Principautés et réciproquement, que les marchandises d’importation étrangère traversant ces Principautés pour se rendre dans les autres parties de l’Empire Ottoman, ne devront acquitter les droits de Douane qu’au premier bureau des Douanesfor other parts of the Ottoman Empire. administré directement par la Sublime Porte.
Il en sera de même pour les produits du sol ou de l’industrie de ces Principautés aussi bien que pour ceux du reste de l’Empire OttomanSame rule as to exports. destinés à l’exportation dans les 614 pays étrangers, qui devront payer les droits de Douane les premiers entre les mains de l’administration Douanière de ces Principautés, et les derniers au Fisc Ottoman, de telle sorte que les droits d’importation et d’exportation ne pourront en tous les cas être perçus qu’une seule fois. article vii.
Les citoyens, ou sujets de chacune des Parties Contractantes, seront traités dans les Etats et possessions de l’autre sur le même pied que les sujets ou citoyens indigènes relativement aux Droits d’emmagasinage, ainsi qu’ à l’égard des primes, facilités, et remboursements de Droits. article viii. Tout article étant, ou pouvant être légalement importable dans les Etats-Unis d’Amérique sur des bâtimens des Etats-Unis, peut, de même, être importé sur des bâtimens Ottomans, sans être soumis à aucun droit ni charge (quelle qu’en soit la dénomination) autre, ou plus élevé que si cet article était importé sur un bâtiment des Etats-Unis; et réciproquement, tout article étant, ou pouvant être légalement importable dans les Etats et Possessions de Sa Majesté le Sultan sur des bâtimens Ottomans, pourra, de même être importé sur des bâtimens des Etats-Unis, sans être soumis à aucun droit ou charge (quelle qu’en soit la dénomination) autre ou plus élevé que s’ils étaient importés sur des bâtimens Ottomans.
Cette mesure réciproque sera appliquée également, et sans distinction, soit aux articles arrivant directement du lieu de leur origine, soit à ceux arrivant de tout autre pays étranger. De même, il y aura parfaite réci-procité en ce qui concerne l’exportation. Ainsi, les mêmes droits d’exportation seront payés et les mêmes 615 primes et les mêmes remboursements de droit seront accordés dans les Etats et Possessions de l’une ou de l’autre des Parties contractantes sur l’exportation d’un article quelconque qui est, ou pourra être, légalement susceptible d’en être exporté, soit que l’exportation ait lieu sur un bâtiment Ottoman ou des Etats-Unis d’Amérique, soit que le lieu de destination se trouve être un port de l’une des Parties, ou, d’une Puissance tierce quelconque. article ix.
Aucun Droit de Tonnage, de Port, deTonnage duties; harbor, light-house, feeduties. Pilotage, Phare, Quarantaine, ou autres semblables (quelle qu’en soit la nature, ou la dénomination) levé au nom, ou au profit du gouvernement, de fonctionnaires publics, de particuliers, de corporations, ou d’établissements d’aucune sorte ne sera imposé dans les ports des Etats et Possessions de l’un des deux pays sur les navires de l’autre dans les conditions differentes de celles relatives à tout bâtiment national en général se trouvant dans le même cas.
Cette réciprocité s’appliquera aux bâtimens respectifs des deux Puissances, de quelque port ou endroit qu’ils viennent, et quelque soit le lieu de leur destination. article x. Tout bâtiment considéré commeWhat to be deemed vessels of the United States and what Ottoman vessels. Américain par les lois des Etats-Unis d’Amérique, et tout bâtiment considéré comme Ottoman par les lois Ottomanes, sera pour ce qui concerne ce Traité, considéré respectivement comme bâtiment Américain, ou bâtiment Ottoman. article xi.
Aucun Droit quelconque ne seraNo charge upon certain goods of the United States. prélevé sur les marchandises, produits du sol ou de l’industrie des Etats-Unis d’Amérique, soit qu’elles arrivent sur des bâtimens Américains. ou d’autres, ni sur les marchandises provenant des produits du 616 sol et de l’industrie de tout autre pays étranger, chargées sup des bâtimens des Etats-Unis, quand ces marchandises passeront les Détroits des Dardanelles et du Bosphore, soit qu’elles traversent ces Détroits sur les bâtimens, qui les ont apportées ou qu’elles aient été transbordées sur d’autres bâtimens, ou que vendues pour l’exportation, elles soient débarquées pour un temps limité pour être mises à bord d’autres bâtimens et continuer leur voyage.
Dans ce dernier cas, ces marchandises devront être déposées à Constantinople dans les magasins de la Douane, dits de Transit et placées partout ailleurs ou il n’y aurait pas d’entrepôt, sous la surveillance de l’administration des Douanes. article xii. La Sublime Porte désirant accorder, au moyen de concessions graduelles, toutes les facilités en son pouvoir au Transit par terre, il a été stipulé et convenu que le Droit de trois pour cent, prélvé jusqu’ à ce jour sur les marchandises importées dans l’Empire Ottoman pour en être expédiées dans d’autres pays, sera réduit à Deux pour cent., payable (comme le droit de Trois pour cent, a été payé jusqu’ici) à leur arrivée dans les Etats Ottomans, et au bout de huitans, à compter du jour où les Ratifications du présent Traité auront été échangées, à une taxe fixe, et définie, d’un pour cent., qui sera prélevé (comme ce sera également lecas pour l’exportation des produits Ottomans) pour couvrir les frais d’enregistrement.
La Sublime Porte déclare, en même temps, se réserver le droit d’établir par une disposition spéciale, les mesures à adopter pour préve nir la fraude. article xiii. Les citoyens des Etats-Unis d’Amérique, ou leurs ayant cause, se livrant dans l’Empire Ottoman, 617 au Commerce des articles, produits du sol, ou de l’industrie des Pays étrangers, acquitteront les mêmes taxes et jouiront des mêmes droits, privilèges et immunités que les sujets Etrangers trafiquant des marchandises provenant des produits du sol ou de l’industrie de leur propre pays. article xiv.
Par exception aux stipulations deTobacco and salt not to be imported into Turkey. l’Art. V., 1e tabac, sous toutes les formes, et le sel, cessent d’être compris au nombre des articles que les citoyens des Etats-Unis d’Amérique ont la faculté d’importer dans l’Empire Ottoman; cependant les citoyens des Etats-Unis d’Amérique, ou leurs ayant cause, qui achèteront ou vendront du tabac, ou duTraders in tobacco and salt in Turkey. sel pour la consommation de l’Empire Ottoman, seront soumis aux mêmes réglements, et payeront les mêmes droits que les sujets Ottomans les plus favorisés parmi ceux qui se livreront au commerce de ces’deux articles, et en outre, comme compensation de cette prohibition des deux articles susmentionnés, aucun droit ne sera perçu à l’avenir sur ces articles quand ils seront exportés de l’Empire Ottoman par desNo export duty on tobacco and salt. citoyens des Etats-Unis d’Amérique.
Les citoyens des Etats-Unis d’ Amérique seront, néanmoins, tenusRegulations as to their exportation. de déclarer aux autorités de la Douane la quantité de tabac et de sel exportée, et les dites autorités conserveront, comme par le passé, le droit de surveiller l’exportation de ces articles, sans pouvoir pour cela être autorisées à les frapper d’aucune taxe sous un prétexte quelconque. article xv. Il est entendu entre les deuxImportation of gunpowder, arms, &c., may be prohibited.
Hautes Parties Contractantes que la Sublime Porte se réserve la faculté et le droit de frapper d’une prohibition générale l’importation de la poudre, des canons, armes de guerre, ou munitions militaires dans les Etats de l’Empire Ottoman. Cette prohibition ne pourra être en vigueur qu’autant qu’elle sera officielle- 618 ment notifiée, et ne pourra s’étendre que sur les articles spécifiés dans le Decret qui les interdit. Celui de ces articles qui ne sera pas ainsi prohibé, sera assujetti, h son introduction dans l’Empire, aux Reglements locaux, sauf les cas où la Légation des Etats-Unis d’Amérique demande une permission exceptionelle, la quelle sera alors accordée, à moins que des raisons sérieuses ne s’y opposent.
La poudre en particulier, si son introduction est permise, sera assujettie aux obligations suivantes. 1re Elle ne sera pas vendue par les citoyens des Etats-Unis d’Amériqu’ au-delà de la quantité prescrite par les Réglements locaux. 2d Quand une cargaison, ou une quantité considérable de Poudre arrivera dans un port Ottoman à bord d’un bâtiment des Etats-Unis d’Amérique, ce bâtiment sera tenu de mouiller sur un point particulier désigné par les autorités locales, et de débarquer sa poudre sous l’inspection de ces mêmes autorités, dans des entrepôts ou autres endroits qui seront également désignés par elles, et aux quels les parties intéressées auront accès en se conformante aux réglements voulus.
Ne sont pas compris dans les restrictions du présent article, les fusils de chasse, les pistolets, les armes de luxe, ainsi qu’ une petite quantité de poudre de chasse réservée à l’usage privé. article xvi. Les *Firmans* (ordres Impériaux) exigés des bâtimens marchands des Etats-Unis d’Amérique à leurs passages par les Dardanelles et le Bosphore, leur seront toujours délivrés de manière à leur occasionner le moins de retard possible. article xvii. Les Capitaines des bâtimens de commerce des Etats-Unis d’Amérique ayant à bord des marchandises à destination de l’Empire Ottoman, seront tenus, immédiatement après leur arrivée du port de destination, 619 de déposer à la Douane une copie exacte de leur manifeste. article xviii.
Les marchandises introduites enContraband. contrebande seront passibles de confiscation au profit du trésor Ottoman; mais un rapport, ou procès verbal du fait de contrebande allégué devra, aussitôt que les marchandises seront saisies par les autorités, être dressé et communiqué à l’autorité Consulaire du citoyen ou sujet auquel appartiendraient les olyeis réputés de contrebande; et aucune marchandiseProceedings to confiscate. ne pourra être confisquée comme contrebande tant que la fraud e n’aura pas été dûment et légalement prouvée. article xix.
Toute marchandise, produit duSubjects, vessels, and merchandise of the Sublime Porte in the United States to have the -rights of the most favored nation. sol, ou de l’industrie Ottomane, soit de l’Empire, soit de ses Dependances importée dans les Etats-Unis d’Amérique, sera traité sur le même pied que la marchandise produit du sol ou de l’industrie, de la nation la plus favorisée. Tous les Droits, privilèges, ou immunités accordés maintenant, ou pouvant être accordés plus tard, aux subjets, bâtimens, commerce ou navigation de toute Puissance étrangère dans les Etats-Unis d’Amérique, ou, dont la jouissance pourra y être tolerée, seront également accordés aux sujets, bâtimens, commerce et navigation de la Porte Ottomane et l’exercice et la jouissance leur en seront laissés. article xx.
Le présent Traité, une fois ratifié,Present treaty to be substituted for what; sera substitué à la Convention conclue le 16 Août 1838, entre la Sublime Porte et la Grande Bretagne, et qui était déjà applicable au commerce des Etats-Unis d’Amérique; et il sera en vigueur pour vingt huit ans, à partir du jour de l’échange des ratifications. Chacune des Partiesto continue for twenty-eight years. Contractantes aura, cependant, la faculté de faire savoir à l’autre, à l’expiration de la quatorzième année (époque à laquelle les provi- 620 sions du Traité auront réçu leur pleine et entière exécution) de même qu’ à l’expiration de la vingt-et unième année, si elle à le projet de le reviser, ou de le faire cesser à l’expiration d’une année, à partir de la date de cette notification.
Le présent Traité sera exécutoire dans toutes et dans chacune des Provinces de l’Empire Ottoman, c’est-â-dire, dans tous les Etats de Sa Majesté Impériale le Sultan situés en Europe ou en Asie, en Egypte et dans les autres parties de l’Afrique, appartenant à la Sublime Porte, en Serbie, et dans les Principautés Unies de Moldavie et de Valachie. article xxi. Il est toujours entendu que le Gouvernement des Etats-Unis d’Amérique ne pretend point, par aucun article du present Traité stipuler au delà du sens clair et équitable des termes employés, ni entraver, en aucune manière, le Gouvernement Ottoman, dans l’exercice de ses droits d’administration intérieure, autant, toutefois, que ces droits ne porteront pas une atteinte manifeste aux privilèges accordés par les Traités anciens, ou par celui-ci aux citoyens des Etats-Unis d’Amérique, ou à leurs marchandises. article xxii.
Les Hautes Parties Contractantes sont convenues de nominee, conjointement des Commissaires pour établir le Tarif des Droits de Douane à percevoir, conformément aux stipulations du présent Traité, tant sur les marchandises de toute espèce provenant des produits du sol ou de l’industrie des Etats-Unis d’Amérique importées dans l’Empire Ottoman, que sur les articles, de toute sorte, provenant des produits du sol, ou de l’industrie de l’Empire Ottoman, articles que les citoyens des Etats-Unis d Amérique, ou leurs ayant cause sont libres d’acheter dans toutes les parties de l’Empire Ottoman, pour les exporter soit dans 621 les Etats-Unis d’Amérique, soit enTo remain in force seven years. d’autres pays.
Le nouveau Tarif à établir de ia sorte, restera en vigueur pendant sept ans, à dater du jour de l’échange des Ratifications. Chacune des Parties ContractantesHow and when may be revised. aura le droit, un an avant l’expiration de ce terme, de demander la révision du Tarif. Mais si, pendant la septième année ni l’une ni l’autre n’use de ce droit, le Tarif continuera d’avoir force de Lois jrour sept autres années, à dater du jour de l’expiration des sept années précédentes; et il en sera de même à chaque période successive de sept ans. article xxiii.
Le présent Traité sera ratifié, etTreaty when to be ratified. les ratifications en seront échangées à Constantinople dans l’espace de trois mois, ou plus tôt si faire se peut, et il sera mis à exécution à partir du jour de l’échange des Ratifications. Fait à Constantinople le *treize* ving-cinqWhen concluded. février, mil-h uit-cent-soixante-deux. A ALI. [l. s.] EDWARD JOY MORRIS, [l. s.] And whereas the said treaty has been duly ratified on both parts, andExchange of ratifications. the respective ratifications of the same were exchanged at Constantinople on the fifth ultimo, by Edward Joy Morris, Minister Resident of the United States at the Sublime Porte, and by his highness Mehemed Emin Aali Pacha, Minister of Foreign Affairs of his Imperial Majesty the Sultan of the Ottoman Empire, on the part of their respective governments :
Now, therefore, be it known that I, ABRAHAM LINCOLN, PresidentProclaimed by the President of the United States. of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause, and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this second day of July, in the year of our Lord one thousand eight hundred and [l. s.] sixty-two, and of the Independence of the United States the eighty-sixth.
ABRAHAM LINCOLN. By the President: F. W. Seward, *Acting Secretary of State*. June 28, 1862 Treaty 13 Stat. 623 TREATY WITH THE KICKAPOO INDIANS. June 28, 1862. 623 *Treaty between the United States of America and the Kickapoo Tribe of Indians. Concluded June* 28, 1862. *Ratification advised, with amendment, by Senate, March* 13, 1863. *Amendment accepted May* 5, 1863. *Proclaimed by the President of the United States, May* 28, 1863. ABRAHAM LINCOLN, PRESIDENT OE THE UNITED STATES OF AMERICA, to all and singular to whom these presents shall come, greeting :June 28, 1862.
Whereas a treaty was made and concluded at the Agency of thePreamble. Kickapoo Tribe of Indians, on the twenty-eighth day of June, in the year of our Lord one thousand eight hundred and sixty-two, by and between Charles B. Keith, Commissioner, on the part of the United States, and the hereinafter named Chiefs, Headmen, and Delegates of the Kickapoo Indians, for and on behalf of said Indians, and duly authorized thereto by them, which treaty is in the words and figures following, to wit:
Articles of a Treaty made and concluded at the agency of the KickapooContracting parties. Tribe of Indians, on the 28th day of June, in the year of our Lord one thousand eight hundred and sixty-two, by and between Charles B. Keith, Commissioner, on the part of the United States, and the undersigned Chiefs, Headmen, and Delegates of the Kickapoo nation, on behalf of said nation. Article I. The Kickapoo Tribe of Indians, believing that it will contributeReservation to be surveyed. to the civilization of their people to dispose of a portion of their present reservation in Kansas, consisting of one hundred and fifty thousand acres of land, to allot land in severalty to those members of said tribe who desire to have separate tracts of lands, and have adopted the customs of the whites, and to set apart for the others of said tribe a portion ofPortion to be set apart. said reservation, to be held by them in common, or (if a majority of them so elect) provide for them a suitable home elsewhere, to be held by them in common, it is therefore hereby agreed that the Commissioner of IndianSee page 20.
Affairs shall cause the whole of said reservation to be surveyed in the same manner as the public lands are surveyed, and the quantity of land hereinafter mentioned to be set apart to those of said tribe who desire to have their land in severalty; and, if so elected by a majority of the others of said tribe, the quantity of land hereinafter mentioned to be by such others held in common, and the remainder of the land, after the special reservations hereinafter provided for shall have been made, to be soldRemainder to be sold. for the benefit of said tribe.
Article II. It shall be the duty of the agent of the United States forCensus of the tribe to be taken. said tribe to take an accurate census of all the members of the tribe, and to classify them in separate lists, showing the names, ages, and numbersSee page 21. of those desiring lands in severalty, and of those desiring lands in common,Separate lists to be made. designating chiefs and heads of families respectively; each adult choosing for himself or herself, and each head of a family for the minor children of such family, and the agent for orphans and persons of an unsound mind and otherwise incompetent, as to which of these classes they will belong.
And thereupon shall be assigned, under the direction ofAssignments of land. the Commissioner of Indian Affairs, to each chief, at the signing of the treaty, one half section; to each other head of a family, one quarter section ; and to each other person, forty acres of land ; to include in every case, as far as practicable, to each family, their improvements and a reasonable portion of timber, to be selected according to the legal subdivision of survey. When such assignments shall have been completed, certificatesCertificates to issue. shall be issued by the Commissioner of Indian Affairs for the tracts 624 assigned in severalty, specifying the names of the individuals to whom they have been assigned respectively, and that said tracts are set apart for the perpetual and exclusive use and benefit of such assignees and their Lands to be exempt from taxation, &c.heirs.
Until otherwise provided by law, such tracts shall be exempt from levy, taxation, or sale, and shall be alienable in fee, or leased, or otherwise disposed of only to the United States, or to persons then being members of the Kickapoo tribe, and of Indian blood, with the permission of the President, and under such rules and regulations as the Secretary of the Persons receiving certificates to relinquish, &c.Interior shall provide, except as may be hereinafter provided. And on receipt of such certificates, the person[s] to whom they are issued shall be deemed to have relinquished all right to any portion of the lands assigned to others in severalty, or to a portion of the tribe in common, and to the proceeds of sale of the same whensoever made.
Article III. Patents in feesimple when to issue to allottees. At any time hereafter, when the President of the United States shall have become satisfied that any adults, being males and heads of families, who may be allottees under the provision of the foregoing article, are sufficiently intelligent and prudent to control their affairs and interests, he may, at the requests of such persons, cause the land severally held by them to be conveyed to them by patent in fee-simple, with power of alienation; and may, at the same time, cause to be paid to Their shares of credits to be paid them.them, in cash, or in the bonds of the United States, their proportion of the cash value of the credits of the tribe, principal and interest, then held in trust by the United States, and also, as the same may be received, their See page 21.proportion of the proceeds of the sale of lands under the provisions of this treaty.
And on such patents being issued, and such payments ordered to be made by the President, such competent persons shall cease to They to become citizens of the United States.be members of said tribe, and shall become citizens of the United States; and thereafter the lands so patented to them shall be subject to levy, taxation, and sale, in like manner with the property of other citizens : *Provided, That,* before making any such application to the President, they shall appear in open court, in the district court of the United States for the district of Kansas, and make the same proof and take the same oath Oath of allegiance and proof.of allegiance as is provided by law for the naturalization of aliens; and shall also make proof, to the satisfaction of said court, that they are sufficiently intelligent and prudent to control their affairs and interests; that they have adopted the habits of civilized life, and have been able to support, for at least five years, themselves and families.
Article IV. Provision for those members who wish to hold their lands in common. To those members of said tribe who desire to hold their lands in common, there shall be set apart from the present reservation of the tribe an undivided quantity, sufficient to allow one half section to each chief, one quarter section to each other head of a family, and forty acres to each other person ; and said land shall be held by that portion of the tribe for whom it is set apart by the same tenure as the whole reserve has been held by all of said tribe under the treaty of 1854.
And upon Effect of assignment in common.such land being assigned in common, the persons to whom it is assigned shall be held to have relinquished all title to lands assigned in severalty, and in the proceeds of sales thereof whenever made; or should a majority of the adult males of said class decide to remove to the Indian country south of Kansas, then, and in that case, their new home shall not be limited to the quantity above designated, but shall be as large as can be purchased with the proceeds of the sale of the tract to which they would have been entitled had they determined to remain upon the present reservation, computing the same at the rate of at least one dollar and twenty-five New home to be purchased, &c.cents per acre: *Provided,* That the purchase of such new home shall be made by the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, and at such locality within said Indian country as he may select: *And provided, also,* That such new home shall be purchasedSee page 21. and the Indians entitled removed thereto, at the cost of the United States, within the period of two years after the completion of the surveys 625 herein provided for.
And such Indians shall be entitled to the benefits of their full proportionate share of all assets belonging to said tribe, in the same manner that they would have been entitled had such removal not been made. Article V. The Kickapoo tribe of Indians, entertaining the opinionAtchison and Pike’s Peak Railroad may buy certain lands. that it is the desire of the government and the people of the United States to extend railroad communication as far west as possible in the shortest possible time, and believing that it will greatly enhance the value of their lands reserved in severalty by having a railroad built, connecting with the eastern railroads running from the city of Atchison, in the state of Kansas, westerly in the direction of the gold mines in Colorado territory; and entertaining the opinion that the Atchison and Pike’s Peak Railroad Company, incorporated by an act of the legislative assembly of the territory of Kansas, approved February 11th, 1859, has advantages for travel and transportation over all other companies, it is therefore provided that the Atchison and Pike’s Peak Railroad Company shall have the privilege of buying the remainder of their land within six months after the tracts herein otherwise disposed of shall have been selected and set apart, providedProviso. said railroad company purchase the whole of such surplus lands at the rate of one dollar and twenty-five cents per acre ; and when the selections shall have been made and assigned as aforesaid, it shall be the duty of the Commissioner of Indian Affairs to notify the president of said railroad company thereof; and if said railroad company signifies its consent to purchase said surplus lands, the Secretary of the Interior shall issueSee page 21. to said railroad company certificates of purchase, and such certificates shall be deemed and held in all courts as evidence of title and possession in said railroad company to all or any part of said lands, unless the same shall be forfeited as hereinafter provided.
And if said railroad companyConditions of purchase. make such purchase, it shall be subject to the following considerations, viz: They shall construct and fully equip a good and efficient railroad from the city of Atchison, in the state of Kansas, westerly, within six years, and as follows: The first section of fifteen miles of said road to be completed within three years from the date of said purchase, and the second section to a point as far west as the western boundary of said reservation within three years thereafter; and no patent or patents shall issue to said company or its assigns for any portion of said lands until the first section of said road shall be completed, and then for not more than one half of said lands; and no patent or patents shall issue to said company or its assigns for any of the remaining portion of said lands until said second section of said railroad shall be completed as aforesaid ; and before any patents shall issue for any part of said lands, payments shall be made for the lands to be patented at the rate of one dollar and twenty-five cents per acre.
And said company shall pay the whole amount of the purchasemoney for said lands in the securities of the United States to the Secretary of the Interior, in trust for said Kickapoo Tribe of Indians, within six years from the date of such purchase ; and when so paid the President is authorized hereby to issue patents therefor. Said company shall, in like manner, pay to the Secretary of the Interior, in trust as aforesaid, each and every year, until the whole purchase-money shall have been paid, interest from date of purchase, at six per cent, per annum, on all the purchase-money remaining unpaid.
Said interest, and the interest due on the purchase-money after it is paid to the United States, shall be held in trust and paid to said Indians on the first day of April of each and every year ; and in ten years from the ratification of this treaty there shall be paid by the United States to said tribe of Indians ten thousand dollars, as their first instalment upon the amount of said purchase-money, and ten thousand dollars each and every year thereafter until all is paid. Article VI.
In case said railroad company shall fail to completeContract or purchase when to be null and void. either section of said railroad in a good and efficient manner, or shall fail 626 to pay the whole of the purchase-money for said lands within the time herein prescribed, or shall fail to pay all or any part of the interest upon the same each year as aforesaid, within thirty days from the date when such See page 21.payment of interest shall fall due, then the contract or purchase shall be deemed and held absolutely null and void, and shall cease to be binding on either of the parties hereto, and said company or its assigns shall forfeit all payments of principal and interest made on such purchase, and all right and title, legal and equitable, of any kind whatsoever, in and to all and every part of said lands which shall not have been before the date of such forfeiture earned and paid for pursuant to the provisions of this Patents to contain what conditions.treaty.
And whenever any patents shall issue to said railroad company for any part of said lands, it shall contain the condition that the said company shall sell the lands described in such patent, except so much as shall be necessary for the working of the road, within five years from the issuing of such patent. And said company shall have the perpetual right of way over the lands of the Kickapoos not sold to it for the construction and operation of said railroad, not exceeding one hundred feet in width, and the right to enter on said lands and take and use such gravel, stone, earth, water, and other material, except timber, as may be necessary for the construction and operation of the said road, making compensation for any damages to improvements caused by obtaining such material, and for any damages arising from the location or running of said road, to improvements made before the road was located; such damages and compensation, in cases where said company and the persons whose improvements are injured or the property taken cannot agree, to be ascertained and adjusted under the direction of the Commissioner of Indian Affairs.
And in case said company shall not promptly pay the amount of such damages and compensation, the Secretary of the Interior may withhold patents for any part of the lands purchased by them until payment be made of the amount of such damages, with six per cent, interest thereon from the date when the same shall have been ascertained and demanded; and in case said company shall not purchase said surplus lands, or having purchased, shall forfeit the whole or any part thereof, the Secretary of the Interior shall thereupon cause the same to be appraised at not less than one dollar and twenty-five cents per acre, and shall sell the same in quantities not exceeding one hundred and sixty acres at auction, to the highest bidder for cash, at not less than [the] appraised value: *Provided, however,* In case any of said lands have been conveyed to bona fide purchasers by said railroad company, such purchasers shall be entitled to a patent for said lands so purchased by them on payment of one dollar and twenty-five cents per acre therefor, under such rules and regulations as may be prescribed by the Secretary of the Interior.
On the purchase of said lands by the said railroad company the same shall become a part of the state of Kansas, but none of said lands shall be subject to taxation until the patents have been issued therefor. Article VII. Statement of amounts due the Kickapoos under treaties, and of amounts received to be made. The Kickapoos having heretofore negotiated treaties with the United States containing various stipulations in their behalf, which they claim have not been fully complied with, it is hereby provided that a correct statement of the amount that was agreed to be paid by any and all treaty stipulations, of all the treaties heretofore made, and also of See page 21.all amounts received by said tribe by virtue of such treaty stipulations, shall be made under the direction of the Commissioner of Indian Affairs; and in case any amount shall be found due or unpaid to said Indians, the same, together with all annuities which have not heretofore been kept up and paid, shall now be paid up in full to said tribe, together with all the interest thereupon.
Article VIII. Dwelling-house to be erected for each head of family.See page 21. For the purpose of comfortably establishing the Kickapoo Tribe of Indians upon the lands to be assigned to them in severalty, the agent of said tribe, upon the ratification of this treaty, shall cause 627 to be erected for each head of a family a suitable dwelling-house, to be paid for out of the first moneys due said Indians, and not otherwise appropriated. Article IX. It is hereby agreed that the Commissioner of IndianCertain losses sustained by the Kickapoos, how to be ascertained and paid.
Affairs, with the concurrence of the Secretary of the Interior, shall appoint a commissioner whose duty it shall be to ascertain the amount of losses sustained by said Kickapoo nation by reason of the destruction of their timber, and the stealing of their horses, cattle, and other property by the whites and hostile Indians, and said amount, when so ascertained,See page 21. shall be paid as follows, viz : the amount of losses sustained by the destruction of their timber shall be invested in the purchase and erection of a steam saw and grist mill, provided said sum shall not amount to more than eight thousand dollars; the residue, if any, shall be invested in six per cent.
United States or state bonds and added to the fund now held in trust by the United States for said tribe ; and to each member of said tribe shall be paid, in gold or silver, the amount he or she may have lost by reason of the stealing of horses, cattle, and other property : *Provided,*Not to exceed $50,000 in the whole. That said amounts shall not, altogether, exceed fifty thousand dollars. And if a larger sum shall be claimed and proved up, the amount shall be paid *pro rata*, and shall be in full of all demands arising from such causes.
Article X. Whereas some years since a portion of the KickapoosProvision as to Kickapoos who heretofore went South. went down among the Southern Indians, and there is reason to believe that but few, if any, of them will ever return, and they having been notified of the provisions of this treaty, it is hereby agreed that they shall receive no benefits arising therefrom, unless they return to the presentSee page 21. reservation of the Kickapoos within six months from the date of this instrument, in which case it is hereby agreed that forty acres each be allotted to them, with the understanding that they will occupy, improve, and cultivate the same, and in every respect to be governed by the same rules and regulations as is prescribed for the government of the lands reserved by the preceding articles.
Article XI. There shall be reserved six hundred and forty acres ofReservation for saw and gristmill. land to be selected by the chiefs of said tribe of Kickapoos as a site for a saw and grist mill, three hundred and twenty acres where the mission-house now is, and one hundred and sixty acres where the house built forSee page 21. the agency now is, which, with the improvements thereupon, shall be disposed of when the objects for which they have been reserved shall have been accomplished, in such a manner and for such purposes as the Secretary of the Interior shall determine to be just and equitable for the benefit of the Kickapoos.
Article XII. The fund now held in trust by the United States forInvestment of fund for educational purposes. said tribe of Indians for educational purposes shall be invested in six per cent. United States or state bonds, and the interest thereof expendedInterest, how applied. annually, under the direction of the Commissioner of Indian Affairs, for agricultural, school, and other beneficial purposes for said Indians.See page 21. Article XIII. Inasmuch as it was provided by the treaty betweenExpenses of surveys to be paid by the United States. the United States and said Kickapoos, entered into on the 18th day of May, A.
D. 1854, that the President may cause to be surveyed, in the same manner that the public lands are surveyed, the reservation providedVol. x. p. 1078. for the Kickapoos, it is agreed that the expense of said surveys shall be paid by the United States, and all expenses incident to the negotiationSee page 21. and execution of this treaty, and not otherwise provided for, shall be defrayed by the Kickapoos; the same to be deducted from any funds applicable to that purpose now or hereafter held for them in trust by the United States; and the Commissioner of Indian Affairs, with the concurrence of the Secretary of the Interior, shall, from time to time, and asSee page 21. promptly as practicable, adopt such measures and institute all such proceedings as may be necessary and not otherwise provided for, in order to the full execution of all and every part of this treaty. 628 Article XIV.
Reservation ceded to the United States. It is further agreed that all rights, title, and interest of Kickapoos in their present reservation shall cease, and the same is hereby ceded to and vested in the United States, subject to the limitations and for the purposes herein expressed and provided for. Article XV. Inconsistent stipulations of no effect. Any stipulation in former treaties inconsistent with those embraced in the foregoing articles shall be of no force or effect. Article XVI.
Effect of rejection, &c., of any article of this treaty. Should the Senate reject or amend any of the foregoing articles, such rejection or amendment shall not affect the other provisions of this treaty, but the same shall go into effect when ratified and approved. Signature.In testimony whereof, the said Charles B. Keith, commissioner as aforesaid, and the undersigned chiefs, headmen, and delegates of the Kickapoo Tribe of Indians, have hereunto set their hands and seals, at the place, on the day, and in the year hereinbefore written.
CHARLES B. KEITH, [seal.] *Commissioner on behalf of the United States.* CHIEF PAR-THEE, or the Elk Chief, CHIEF PAH-KAH-KAH, or John Kennekuk, CHIEF MACK-A-TAIR-CHEE-QUA, or Black Thunder, KEN-NE-KUK, or Stephen Pen-sion-eau, MAH-MAH-SHE-COW-AH, or Bear Track, PET- TI-QUAUK, or Rolling Thunder, JOHN C. ANDERSON, TOTH-WAY, or Frank Cadue, his x mark. [seal.] his x mark. [seal.] his x mark. [seal.] his x mark. [seal.] his x mark. [seal.] his x mark. [seal.] [seal.] his x mark. [seal.] Executed in presence of— John E.
Badger. H. C. Pursel. Nelson S. Shaler. Paschall Pensioneau, his x mark, *U. S. Interpreter.* W. D. Barnett, *witness to signature of Paschall Pensioneau.* Ratification, With amendment.And whereas, the foregoing treaty having been submitted to the Senate of the United States for its constitutional action thereon, the Senate did, on the thirteenth day of March, one thousand eight hundred and sixty-three, advise and consent to the ratification of the same by resolution, and with an amendment in the words and figures following, to wit:
In Executive Session, Senate of the United States, March 13 th, 1863. *Resolved, * (two thirds of the Senators present concurring,) That the Senate advise and consent to the ratification of the “Articles of a treaty made and concluded at the Agency of the Kickapoo Tribe of Indians, on the 28th day of June, in the year of our Lord one thousand eight hundred and sixty-two, by and between Charles B. Keith, commissioner on the part of the United States, and the undersigned chiefs, headmen, and delegates of the Kickapoo nation, on behalf of said nation,” with the following amendments :Amendments.
See page 15.Article 1, line 15, after “the” strike out “Commissioner of Indian Affairs,” and insert in lieu thereof: *Secretary of the Interior* 629 Article 2, lines 1 and 2, strike out “Agent of the United States for saidSee page 15. tribe to take,” and insert in lieu thereof: *Secretary of the Interior to cause to he made*. Article 3, lines 12,13, and 14, strike out the following : “paid to them, in cash or in the bonds of the United States,” and insert inSee page 16. lieu thereof: *set apart and placed to their credit severally*.
Article 4, line 39, strike out the words “at the cost of the UnitedSee page 16. States.” At the end of article 4 insert: *deducting therefrom the necessary expenses of their removal*. Article 5, line 34, after the word “lands” insert: *within sixty days thereafter, and shall make, execute, and deliver to the Secretary of the Interior the bonds of the said company in a penal sum equal to double the value of said surplus lands*See page 17. *as heretofore ascertained, with the condition that the said bonds shall become void whenever the said company shall comply with the conditions of the treaty*.
Article 5, line 39, strike out “title and” and insert: *the right of*. Article 6, line 11, strike out “shall” and insert: *may*.See page 18. “ “ lines 12, 13, and 14, strike out the words “and shall cease to be binding on either of the parties hereto,” and insert: *if the Secretary of the Interior shall so determine*. “ “ line 57, after the word “same” insert: *not including improvements*. “ “ line 72, after “payment” strike out “of” and insert: *to the United States in trust for said Kickapoos of the appraised value thereof (exclusive of their improvements) and not less than*.
Strike out Article 7.See pages 18, 19. Strike out Article 8. Strike out Article 9. Article 10, lines 11 and 12, strike out “six months from the date of this instrument,” and insert in lieu thereof: *one year from the ratification of this treaty*.See page 19. Article 11, lines 13, 14, and 15, strike out “the Secretary of the Interior shall determine to be just and equitable for the benefit of the Kickapoos,” and insert in lieu thereof: *may be provided by law*See page 19.. Strike out Article 12.See page 19.
Article 13, line 7, after “United States” insert: *out of the proceeds of the sales of said lands*.See page 19. “ “ lines 12,13, 14,15,16, and 17, strike out the following words: “and the Commissioner of Indian Affairs, with the concurrence of the Secretary of the Interior, shall, from time to time, and as promptly as practicable, adopt such measures and institute all such proceedings as may be necessary and not otherwise provided for in order to the full execution of all and every part of this treaty.
” Attest: J. W. FORNEY, *Secretary*. And whereas the foregoing amendment having been fully interpreted andAmendment assented to. explained to the hereinafter named chiefs, headmen, and delegates of the Kickapoo Tribe of Indians, they did, on the fifth day of May, one thousand eight hundred and sixty-three, give their free and voluntary assent to the same, in the words and figures following, to wit : And whereas the foregoing amendments have been submitted and fully interpreted to the undersigned, chiefs, delegates, and headmen of the Kickapoo nation, and we, being thereunto duly authorized, do hereby, for and on behalf of said nation, agree to and ratify the said treaty and the amendments thereto as above set forth. 630 In testimony whereof we have hereunto set our hands and seals this fifth day of May, A.
D. 1863. CHIEF PAR-THEE, or the Elk, CHIEF PAH-KAH-KAH, or John Kennekuk, CHIEF MACK-A-TAIR-CHEE-QUA, or Black Thunder, PET-TI-QUAUK, or Rolling Thunder, KEN-NE-KUK, or Stephen Pen-sion-eau, MAH-MAH-SHE-COW-AH, or Bear Track, JOHN C. ANDERSON, his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] [seal.] Executed in presence of— John E. Badger. N. S. Shaler. William Foster. Paschall Pensioneau, his x mark. *U. S.
Interpreter*. H. C. Pursel, *witness to signature of Paschall Pensioneau*. I hereby certify that the foregoing treaty between the United States and the Kickapoo Tribe of Indians, concluded on the 28 th day of June, 1862, together with the foregoing amendments thereto made by the Senate of the United States on the 13th day of March, 1863, were read and fully explained by me to said Indians through Paschall Pensioneau, the United States Interpreter, and that the chiefs, headmen, and delegates above named, on behalf of said tribe, this day in council assembled, did freely accept and consent to said treaty, together with said amendments, and subscribe their names and affixed their seals thereto in my presence.
Given under my hand this 5th day of May, A. D. 1863. CHARLES B. KEITH, *U. S. Indian Agent*. Proclaimed by the President of the United States.Now, therefore, be it known that I, ABRAHAM LINCOLN, President of the United States of America, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the thirteenth of March, one thousand eight hundred and sixty-three, accept, ratify, and confirm said treaty, with the amendment as aforesaid. In testimony whereof I have hereto signed my name and caused the seal of the United States to be affixed.
Done at the city of Washington, this twenty-eighth day of May, in the year of our Lord one thousand eight hundred and [l. s.] sixty-three, and of the Independence of the United States the eighty-seventh. ABRAHAM LINCOLN. By the President: F. W. Seward, *Acting Secretary of State.* Nov. 25, 1862 Convention 13 Stat. 631 CONVENTION WITH ECUADOR. November 25, 1862. 631 TREATIES. *Convention between the United States of America and the Republic of Ecuador ; Concluded at Guayaquil, November* 25, 1862; *Ratified by the President of the United States, February* 13, 1863 ; *Ratifications exchanged at Quito, July* 27, 1864; *Proclaimed by the President of the United States, September* 8, 1864.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. Nov. 25, 1862. A PROCLAMATION. Whereas a Convention between the United States of America and thePreamble. Republic of Ecuador, for the mutual adjustment of claims, was concluded and signed by their respective Plenipotentiaries, at the city of Guayaquil, on the twenty-fifth day of November, in the year of our Lord one thousand eight hundred and sixty-two, which Convention, being in the English and Spanish languages, is, word for word, as follows : — The United States of America and the Republic of Ecuador, desiring to adjust the claims of citizens of said States against Ecuador, and of citizens of Ecuador against the United States, have, for that purpose, appointed and conferred full powers, respectively, to wit:
The President of the United States on Frederick Hassaurek, Minister 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, who, after exchanging their full powers, which were found in good and proper form, have agreed on the following articles : — article i. All claims on the part of corporations, companies, or individuals, 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, 632 Appointment.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 commissioner omitting or ceasing to act, the Government of the United States or that of Ecuador, respectively, or the Minister of the United States in Ecuador, in the name of his Government, shall forthwith proceedVacancy. to fill the vacancy thus occasioned. The commissioners so named Time of meeting.shall meet in the city of Guayaquil within ninety days from the exchange of the ratifications of this convention, and before proceeding to business Oath.shall make solemn oath that they will carefully examine and impartially decide according to justice, and in compliance with the provisions of this convention, all claims that shall be submitted to them; and such oath shall be entered on the record of their proceedings.
The commissioners shall then proceedUmpire. to name an abitrator or umpire, to decide upon any case or cases concerning which they may disagree, or upon any point of difference which may arise in the course of their proceedings. And if they cannot agree in the selection, the umpire shall be appointed by her Britannic Majesty’s Chargé 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. article ii.
Examination of claims.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 Papers to be furnished.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.
Amounts to be paid.In cases where they agree to 633 award an indemnity, they shall determine the amount to be paid. In cases in which said commissioners cannot agree, the points of difference shall be referred to the 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 aggregate 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 commission, the first payment to be made six months after the same date. To meet these payments both governments pledge the revenues of their respective 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 proceedings, 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 presented 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, 634 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. article vi.
Pay of commissioners and of the umpire.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 Ecuador. article vii. Ratifications.The present convention shall be ratified and the ratifications exchanged in the city of Quito. In faith whereof, we, the respective Plenipotentiaries, have signed this convention and hereunto affixed our seals, in the city of Guayaquil, this twenty-fifth day of November, in the year of our Lord, eighteen hundred and sixty-two.
F. HASSAUREK. [l. s.] JUAN JOSE FLORES, [l. s.] La República del Ecuador y losContracting parties. Estados Unidos de América, deseando atender á las reclamaciones de ciudadanos del Ecuador contra los Estados Unidos y de ciudadanos de los Estados Unidos contra el Ecuador, han nombrado con el enunciado objeto, y conferido plenos poderes; el Presidente del Ecuador á Juan José Flores, General en Jefe de los ejércitos de la República, y el Presidente de los Estados Unidos á Federico Hassaurek, Ministro Residente de los Estados Unidos en el Ecuador, quienes, despues de haber canjeado sus plenos poderes y de hallarlos en debida forma, han convenido en los artfculos siguientes : — articulo i.
Las reclamaciones de particulares,Claims between the contracting parties to be referred to commissioners. compañias, ó corporaciones del Ecuador contra los Estados Unidos, ó las de particulares, compañias ó corporaciones de los Estados Unidos contra el Ecuador se someterán al exámen y decision de una comision compuesta de dos individuos nombrados, el uno por el Gobierno del 632 Ecuador, y el otro por el de los Estados Unidos. En los casos de muerte, ausencia, renuncia, ó incapacidad de alguno de los dos comisionados, ó de que falte ó cese en el ejercicio de sus funciones, el Gobierno del Ecuador, ó el de los Estados Unidos, respectivamente, ó el Ministro de los Estados Unidos Residente en el Ecuador, á nombre de su Gobierno, procederán inmediatamente á llenar la vacante.
Los comisionados se reunirán en la ciudad de Guayaquil dentro de noventa dias contados desde el canje de las ratificaciones de esta Convencion ; y ántes de empezar á ejercer sus funciones prestarán juramento de examinar escrupulosamente las reclamaciones que les sean sometidas, de fallar acerca de ellas con estricta justicia y con arreglo á lo estipulado en la presente convention. Dicho juramento constará en el registro de sus trabajos. Los comisionados procederán en seguida á nombrar un árbitro para que decida definitivamente en los casos que no estén de acuerdo ó acerca de las diferencias que puedan suscitarse en el curso de sus trabajos.
Si no pudieren convenirse en la eleccion del árbitro, este será nombrado por el Encargado de Negocios da Su Magestad Británica ó cualquier otro Ajente Diplomatico en el Gabinete de Quito, previa invitation de las dos altas partes contratantes. Se esceptúa al Ministro de los Estados Unidos por estar impedido. articulo ii. Luego que haya sido nombrado el árbitro, la comision procederá á examinar detenidamente las reclamaciones y pruebas que le dirija cualquiera de los dos Gobiernos, y oirá (si se exijiere) á una persona por parte de cada Gobierno en el exámen de una ó mas reclamaciones.
Cada Gobierno, á peticion de cualquier comisionado, suministrará los documentos que posea, y que el comisionado estime necesarios para formar su juicio y fallar con acierto. Cuando la comision conceda una indemnizacion cualquiera, fiiará la 633 cantidad que se debe pagar; y en caso de que los comisionados no puedan ponerse de acuerdo someterán sus diferencias al árbitro, quien oirá á cada uno de ellos si lo estimaren necesario. El fallo del árbitro será definitive. articulo iii.
La comision expedirá certificadosCertificates of amounts awarded. de las sumas á que fueren acreedores los reclamantes, ya sea en virtud de sus fallos ó de los que pronunciare el árbitro; y la cantidad á que ascendieren los certificados expedidos por los comisionados y la que resultare de los fallos del árbitro en virtud de lo acordado en el artículo 5º, se pagará al Gobierno de que dependan los reclamantes,. verificando dicho pago por novenas partes dentro de nueve años, contados, desde la fecha en que la comision terminePayment. sus trabajos, y el primer dividendo seis meses despues.
Para verificar los pagos mencionados, ambos Gobiernos comprometen las rentas de sus respectivas naciones.Revenues pledged. articulo iv. La comision terminará sus funcionesEnd of commission. doce meses despues del dia de su instalacion, llevará un rejistro de sus trabajos y podrá nombrar un secretario que conozca la lengua españolaSecretary. y la inglesa. articulo v. Los trabajos de la comision ponenProceedings to be conclusive as to pending claims. término á las reclamaciones pendientes, y las que no le sean dirijidas dentro de los doce meses fijados, serán desestimadas por ambos GobiernosClaims to be presented while commission exists. y se considerarán prescritas.
En caso de que al concluirse los trabajos de la comision quedaren pendientes una ó mas decisiones delDuty of umpire as to certain cases. árbitro, se autoriza á este para pronunciar su fallo y expedir los correspondientes certificados, ponién- 634 dolo en conocimiento de los dos Gobiernos, que los estimarán válidos y obligatorios. El árbitro dará sus decisiones dentro de treinta dias perentorios, contados desde aquel en que la comision termine sus trabajos, quedando sin valor ni efecto los que se pronunciaren despues. articulo vi.
Cada Gobierno costeará su respective comisionado, pagará la mitad de lo que se asigne al árbitro y satisfará la mitad de los gastos que ocasionare la comision. articulo vii. La presente Convencion será ratificada, y las ratificaciones serán cangeadas en la ciudad de Quito. En fe de lo cual, nosotros los respectivos Plenipotenciarios hemos firmado esta Convencion y selládola con nuestros sellos particulares en la ciudad de Guayaquil á veinticinco de Noviembre de mil ochocientos sesenta y dos.
JUAN JOSÉ FLORES, [l. s.] F. HASSAUREK. [l. s.] Exchange of ratifications.And whereas the said convention has been duly ratified on both parts, and the respective ratifications of the same were exchanged in the city of Quito on the twenty-seventh day of July last : Now, therefore, be it known, that I, ABRAHAM LINCOLN, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every clause and article thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, this eighth day of September, one thousand eight hundred and sixty-four, and of the Indepen- [l. s.] dence of the United States of America the eighty-ninth. ABRAHAM LINCOLN. By the President: F. W. Seward, *Acting Secretary of State*. Dec. 20, 1862 Convention 13 Stat. 635 CONVENTION WITH PERU. December 20, 1862. 635 *Convention between the United States of America and the Republic of Peru.
Concluded at Lima, December* 20, 1862 ; *ratified by the President of the United States, February* 24, 1863 ; *exchanged at Lima, April* 24, 1863 ; *proclaimed by the President of the United States, May* 19, 1863. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Dec. 20, 1862. A PROCLAMATION. Whereas a Convention between the United States of America andPreamble. the Republic of Peru was concluded and signed by their respective Plenipotentiaries at the city of Lima on the twentieth day of December, in the year of our Lord one thousand eight hundred and sixty-two, which Convention, being in the English and Spanish languages, is, word for word, as follows: — Convention between the United States of America and the Republic of Peru.
Whereas differences having arisen between the United States of America and the Republic of Peru, originating in the capture and confiscation by the latter of two ships belonging to citizens of the United States, called the “Lizzie Thompson” and “Georgiana”; and the two governments not being able to come to an agreement upon the questions involved in said capture and confiscation, and being equally animated with the desire to maintain the relations of harmony which have always existed, and which it is desirable to preserve and strengthen between the two governments, have agreed to refer all the questions, both of law and fact, involved in the capture and confiscation of said ships by the government of Peru, to the decision of some friendly Power; and it being now expedient to proceed to and regulate the reference as above described, the United States of America and the Republic of Peru have for that purpose named their respective Plenipotentiaries — that is to say, the President of the United States has appointed Christopher Robinson their Envoy Extraordinary and Minister Plenipotentiary to Peru, and the President of Peru Don José Gregorio Paz Soldan, Minister of State in the office of Foreign 636 Belations and President of the Council of Ministers, who, after having exchanged their full powers, found to be in due and proper form, have agreed upon the following articles: article i.
The King of Belgium to be arbiter.The two contracting parties agree in naming as arbiter, umpire, and friendly arbitrator, his Majesty the King of Belgium, conferring upon him the most ample power to decide and determine all the questions both of law and fact involved in the proceedings of the government of Peru in the capture and confiscation of the ships “Lizzie Thompson” and “Georgiana.” article ii. The King of Belgium to be properly solicited to act as arbiter.The two contracting parties will adopt the proper measures to solicit and obtain the assent of his Majesty the King of Belgium to act in the office hereby conferred upon him.
After his Majesty the King of Belgium shall have declared his assent to exercise the office of arbiter, the two contracting parties will submit, through their diplomatic agents residing at Brussels, to his Papers to be submitted to him.Majesty copies of all the correspondence, proofs, papers, and documents which have passed between the two governments or their respective representatives; and should either party think proper to present to said arbiter any other papers, proofs, or documents in addition to those above mentioned, the same shall be communicated to the other party within four months after the ratification of this convention. article iii.
Documents, &c., to be submitted within six months.Both parties being equally interested in having a decision upon the questions hereby submitted, they agree to deliver to the said arbiter all the documents referred to in the second article within six months after he shall have signified his consent to act as such. 637 article iv. The sentence or decision of said arbiter, when given, shall be final and conclusive upon all the questions hereby referred, and the contracting parties hereby agree to carry the same into immediate effect. article v.
This convention shall be ratified and the ratifications exchanged in the term of six months from the date hereof. In faith whereof the Plenipotentiaries of the two governments have signed and sealed, with their respective seals, the present convention. Done in the city of Lima, in duplicate, on the twentieth day of December, in the year of our Lord one thousand eight hundred and sixty-two. CHRISTOPHER ROBINSON. [l. s.] JOSÉ G. PAZ SOLDAN. [l. s.] Convencion entre el Perú y los Estados Unidos de América.
Por cuanto se han suscitado entreClaims upon Peru for the capture, &c., of the “Lizzie Thompson” and “Georgiana” to be referred to the decision of some friendly power. la República del Perú y los Estados Unidos de América algunas diferencias originadas por la captura y confiscacion de dos buques pertenecientes á ciudadanos de los Estados Unidos, titulados “Lizzie Thompson” y “Georgiana,” y no habiendo podido los dos gobiernos arribar á un arreglo de las cuestiones provenientes de dicha captura y confiscacion, y estando animados ambos del deseo de mantener las relaciones de amistad y armonía que siempre han existido y que desean continuar y estrechar, han convenido en someter todas las cuestiones tanto de hecho como de derecho, anexas á la captura y confiscacion de los buques “Lizzie Thompson” y “Georgiana” á la decision de una potencia amiga.
Y estando convenidos en proceder asi y arreglar de este modo las diferencias mencionadas, la República del Perú y los Estados Unidos de América han nombrado con tai objeto sus respectivos Plenipotenciarios, á saber; el Presidente del Perú á Don José Gregorio Paz Soldan,Plenipotentiaries. Ministro de Estado en el Despacho de Relaciones Exteriores y Presidente del Consejo de Ministros, y los Estados Unidos de Americá á Don Cristobal Robinson, Enviado Extraordinario y Ministro Plenipotenciario de dichos Estados en 636 Lima, quienes, despues de haber canjeado sus respectivos plenos poderes y hallándolos en buena y debida forma, han convenido en los artículos siguientes; articulo i.
Las dos partes contratantes convienen en nombrar árbitro, arbitrador y amigable componedor á S. M. el Bey de los Belgas, confiriéndole el mas ámplio poder para que decida y resuelva todas las cuestiones, tanto de hecho como de derecho, procedentes de la conducta observada por el Gobierno Peruano en la captura y confiscacion de los buques “Lizzie Thompson” y “Georgiana.” articulo ii. Las dos partes contratantes emplearán los medios conducentes para suplicar y obtener de S. M. el Bey de los Belgas la aceptacion del cargo que le confieren.
Despues que S. M. haya manifestado su aquiescencia para ejercer el cargo de árbitro, ambas partes contratantes someterán, por medio de sus agentes diplomáticos residentes en Bruselas, á S. M. copias de toda la correspondencia, pruebas, papeles y documentos que han sido cambiados entre los dos gobiernos y sus respectivos representantes ; y si alguna de las partes contratantes creyere conveniente presentar al dicho árbitro otros papeles, pruebas ó documentos ademas de los mencionados, estos serán comunicados á la otra parte en el término de cuatro meses despues de la ratifica cion de este convenio. articulo iii.
Estando ambas partes igualmente interesadas en que se decidan las cuestiones sometidas, convienen en entregar al dicho árbitro todos los documentos mencionados en el art. 2º en el término de seis meses, despues que el árbitro haya prestado su consentimiento. 637 articulo iv. La sentencia ó decision de dichoDecision of arbiter to be final. árbitro será la conclusion de todas las cuestiones mencionadas anteriormente, y las partes contratantes se comprometen á cumplir inmediatamente esta decision. articulo v.
Esta convencion será ratificadaRatifications to be exchanged within six months. y se cangearán las ratificaciones en el término de seis meses contados despues de firmado este convenio. En fé de lo cual los Plenipotenciaros de los gobiernos han firmadoSignature. y sellado con sus sellos respectivos la presente convencion. Hecha en Lima por cuadruplicado á los veinte dias del mes de Diciembre del año del Senor mil ochocientos sesenta y dos. JOSÉ G. PAZ SOLD AN. [l. s.] CHRISTOPHER ROBINSON. [l. s.] And whereas the said Convention has been duly ratified on both parts,Exchange of ratifications. and the respective ratifications of the same were exchanged in the city of Lima on the twenty-fourth day of April last:
Now, therefore, be it known that I, ABRAHAM LINCOLN, PresidentProclamation by the President of the United States of America, have caused the said Convention to be made public, to the end that the same and every clause and article thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this nineteenth day of May, in [l. s.] the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States of America the eighty-seventh.
ABRAHAM LINCOLN. By the President: William H. Seward, *Secretary of State*. January 12, 1863 Convention 13 Stat. 639 CONVENTION WITH PERU. January 12, 1863. 639 *Convention between the United States of America and the Republic of Peru. Concluded at Lima, January* 12, 1863 ; *ratified by the President of the United States, February* 24, 1863; *exchanged at Lima, April* 18, 1863 ; *proclaimed by the President of the United States, May* 19, 1863. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:
January 12, 1863. A PROCLAMATION. Whereas a Convention between the United States of America andPreamble. the Republic of Peru, for the settlement of the pending claims of the citizens of either country against the other, was concluded and signed by their respective plenipotentiaries at the city of Lima on the twelfth day of January, in the year of our Lord one thousand eight hundred and sixty-three, which Convention, as amended by the contracting parties, and being in the English and Spanish languages, is, word for word, as follows: — Convention between the United States of America and the Republic of Peru for the settlement of the pending claims of the citizens of either country against the other.
The United States of America and the Republic of Peru, desiring to settle and adjust amicably the claims which have been made by the citizens of each country against the government of the other, have agreed to make arrangements for that purpose by means of a Convention, and have named as their plenipotentiaries to confer and agree thereupon as follows: The President of the United States Christopher Robinson, Envoy Extraordinary and Minister Plenipotentiary of said States to Peru, and the President of Peru Don Josd Gregorio Paz Soldan, the Minister of Foreign Relations and President of the Council of Ministers, who, after having communicated to each other their respective full powers, found to be in due and proper form, have agreed as follows : — article i.
All claims of citizens of the United States against the Government of Peru, and of citizens of Peru against the Government of the 640 United States, which have not been embraced in conventional or diplomatic agreement between the two governments or their plenipotentiaries, and statements of which, soliciting the interposition of either government, may, previously to the exchange of the ratifications of this convention, have been filed in the Department of State at Washington, or the Department of Foreign Affairs at Lima, shall be referred to Number and appointment of commissioners.a mixed commission composed of four members, appointed as follows :
Two by the Government of the United States and two by the Government of Peru. In case of the death, absence, or incapacity of either commissioner, or in the event Vacancies.of either commissioner ceasing to act, the Government of the United States, or its Envoy Extraordinary and Minister Plenipotentiary in Peru, acting under its direction, or that of the Republic of Peru, shall forthwith proceed to fill the vacancy thus occasioned. article ii. Commissioners to name an umpire;The commissioners so named shall immediately after their organization, and before proceeding to any other business, proceed to name a fifth person to act as an arbitrator or umpire in any case or cases in which they may themselves differ in opinion. article iii. to meet in Lima within three months after, &c.;The commissioners appointed as aforesaid shall meet in Lima within three months after the exchange of the ratifications of this Convention ; and each one of the commissioners, before proceeding to any business, to take and subscribe an oath.shall take an oath, made and subscribed before the most Excellent Supreme Court, that they will carefully examine and impartially decide, according to the principles of justice and equity, the principles of international law and treaty stipulations, upon all the claims laid before them under the provisions of this Convention, and in accordance with the evidence submitted on the part of either government.
A sim- 641 ilar oath shall be taken and subscribed by the person selected by the commissioners as arbitrator or umpire, and said oaths shall be entered upon the record of the proceedings of said commission. article iv. The arbitrator or umpire being appointed, the commissioners shall, without delay, proceed to examine and determine the claims specified in the first article, and shall hear, if required, one person in behalf of each government on each separate claim. Each government shall furnish, at the request of either of the commissioners, the papers in its possession which may be important to the just determination of any of the claims referred. article v.
From the decision of the commissioners there shall be no appeal; and the agreement of three of them shall give full force and effect to their decisions, as well with respect to the justice of their claims as to the amount of indemnification that may be adjudged to the claimants, and in case the commissioners cannot agree, the points of difference shall be referred to the arbitrator or umpire, before whom the commissioners may be heard, and his decision shall be final. article vi.
The decision of the mixed commission shall be executed without appeal by each of the contracting parties, and it shall be the duty of the commissioners to report to the respective governments the result of their proceedings ; and if the decision of said commissioners require the payment of indemnities to any of the claimants, the sums determined by the said commissioners shall be paid by the government against which they are awarded within one month after said government shall have received the report of said commissioners; and for any delay in the payment of the sum awarded 642 after the expiration of said month, Interest, when to be paid.the sum of six per cent, interest shall be paid during such time as said delay shall continue. article vii.
For the purpose of facilitating the labors of the mixed commission, each government shall appoint a Secretary to the commission.secretary to assist in the transaction of their business and to keep a record of their proceedings, and for the Rules of business.conduct of their business said commissioners are authorized to make all necessary rules. article viii. Decisions to be final.The decisions of this commission, or of the umpire in case of a difference between the commissioners, shall be final and conclusive, and shall be carried into full effect by Commission to conclude labors in six months.the two contracting parties.
The commission shall terminate its labors in six months from and including the day of its organization; provided, however, if at the time stipulated for the termination of said commission, any case or cases should Decision of umpire on pending cases may be made within thirty days after.be pending before the umpire and awaiting his decision, it is understood and agreed by the two contracting parties, that said umpire is authorized to proceed and make his decision or award in such case or cases, and upon his report thereof to each of the two governments, mentioning the amount of indemnity, if such shall have been allowed by him, such award shall be final and conclusive in the same manner as if it had been, made by the commissioners under their own agreement ; provided that said decision shall be made by said umpire within thirty days after the final adjournment of said commission, and at the expiration of the said thirty days, the power and authority hereby granted to said umpire shall cease. article ix.
Expenses of commissioners, umpire, &c., how to be paid.Each government shall pay its own commissioners and secretary, but the umpire shall be paid, one half by the Government of the United 643 States and one half by the Republic of Peru. article x. The present Convention shall be ratified and the ratifications thereof shall be exchanged in the term of four months from the date hereof. In faith whereof, the respective Plenipotentiaries have signed the same and affixed their respective seals.
Done in the city of Lima this twelfth day of January, in the year of our Lord one thousand eight hundred and sixty-three. CHRISTOPHER ROBINSON. [l. s.] JOSé G. PAZ SOLDAN. [l. s.] Convencion entre la República del Perú y los Estados Unidos de América para el arreglo de las reclamaciones de los ciudadanos de ambas naciones contra los respectivos gobiernos.Contracting parties. La República del Perú y los Estados Unidos de América, deseando ajustar y arreglar amigablemente las reclamaciones de los ciudadanos de ambos paises contra los respectivos gobiernos, han convenido en arreglarlas por medio de una Convencion, y con tai objeto han nombrado como Plenipotenciarios para proceder á este arreglo, el Presidente del Perú á Don José Gregorio Paz Soldan, Ministro de Relaciones Exteriores y Presidente del Consejo de Ministros; y el Presidente de los Estados Unidos de América á Don Cristobal Robinson, su Enviado Extraordinario y Ministro Plenipotenciario en Lima; quienes, despues de haber cangeado sus respectivos plenos poderes, y hallándolos en buena y debida forma, han convenido en lo siguiente : — articulo i.
Todas las reclamaciones de losClaims against Peru to be referred to a mixed commission. ciudadanos del Perú contra el Gobierno de los Estados Unidos, y las de los ciudadanos de los Estados 640 Unidos contra el Gobierno del Perú, las cuales no hayan sido comprendidas en arreglos convencionales ó diplomáticos entre los dos Gobiernos ó sus Plenipotenciarios, y cuyas solicitudes por la interposicion de sus gobiernos, antes del cange de las ratificaciones de esta Convencion, hayan sido presentadas al Ministerio de Relaciones Exteriores en Lima ó al Departamento de Estado en Washington, serán sometidas á una Comision Mixta, compuesta de cuatro miembros, nombrados así: dos por el Gobierno del Perú, y dos por el Gobierno de los Estados Unidos.
En caso de rauerte, ausencia ó incapacidad de algun comisionado, ó en que caso de que por algun motivo deje de funcionar, el Gobiernp del Perú y el de los Estados Unidos, ó su Enviado Extraordinario y Ministro Plenipotenciario, procediendo en su nombre, llenará la vacante ocasionada. articulo ii. Los Comisionados nombrados en esta forma, despues de organizarse y antes de proceder á ningun otro asunto, nombrarán una quinta persona que ejerza el cargo de tercero en discordia, en el caso en que aquellos no estuvieren de acuerdo. articulo iii.
Los Comisionados nombrados en esta forma se reunirán en Lima tres meses despues del cambio de las ratificaciones de esta Convencion; y cada uno de ellos antes de proceder á ocuparse en ningun asunto, prestarán y suscribirán un juramento ante la Excelentisima Corte Suprema, de que examinarán con cuidado y decidiran con imparcialidad, y segun los principios de justicia y equidad y las prescripciones del Derecho de Gentes y los Tratados, todas las reclamaciones que se les someterán conforme esta Convencion, y en virtud de las pruebas que presente cada gobierno.
Un juramento igual será prestado y suscrito 641 por la persona elegida por los ComisionadosOath of umpire. como Arbitro ó Tercero en Discordia; y estos juramentos formarán parte de las actas de la Comision. articulo iv. Nombrado el árbitro ó Tercero, los Comisionados procederán sin demora á examinar y determinar lasClaims to be examined. reclamaciones especificadas en el articulo primero, y oirán, si lo tienen por conveniente, una persona en defensaMode of procedure. de cada gobierno para cada reclamacion.
Los dos Gobiernos, áPapers to be furnished. solicitud de cualquiera de los Comisionados, presentarán los papeles que tengan y que puedan conducir á la justa decision de las reclamaciones. articulo v. La decision ó sentencia de laDecision of commissioners to be final.Agreement of three to be sufficient. Comision será sin apelacion ; y bastará el voto de tres Comisionados para dar plena fuerza y efecto á sus decisiones, tanto respecto a la justicia de las reclamaciones como al monto de las indemnizaciones que puedan ser adjudicadas á los reclamantes ; y en caso de discordia, los puntos de diferencia serán sometidos al árbitro ó Tercero, ante el cual deben ser oidos les Comisionados; y la decision del Tercero será el final y conclusion. articulo vi.
La decision de la Comision MixtaEach party shall execute to decree without appeal. será ejecutada sin apelacion por cada una de las partes contratantes; y será deber de los Comisionados presentar á los respectivos gobiernos el resultado de sus procedimientos ; y si la decision de los dichos Comisionados requiriere el pago de indemnizaciones en favor de algunoPayments, how made. de los reclamantes, las sumas determinadas por dichos Comisionados serán pagadas por el Gobierno contra el cual se decreten, un mes despues que este haya recibido la sentencia de la Comision; y por cualquier demora en el pago de la suma acordada, despues de cumplido el 642 mes estipulado, se pagará el interes legal de seis por ciento sobre la cantidad, mientras dure la demora. articulo vii.
Con el objeto de facilitar los trabajos de la Comision Mixta cada Gobierno nombrará un Secretario para que auxilie á los Comisionados en sus trabajos y lleve la acta respectiva; para el modo de organizar sus trabajos y procedimientos los Comisionados están autorizados para dictar las reglas. articulo viii. Las decisiones de la Comision ó del Tercero, en caso de discordia entre los Comisionados, serán concluyentes y finales, y se llevarán á debido efecto por las dos partes contratantes.
La Comision terminará sus trabajos seis meses despues del dia de su organization, inclusive aquel; sin embargo si al tiempo estipulado para la terminacion de sus trabajos hay algunos puntos pendientes ante el Tercero en discordia, queda entendido y convenido por las dos partes contratantes, que el mencionado Tercero queda autorizado para emitir su decision ó bando, y presentará al Gobierno el valor de la indemnizacion, si esta se decreta, y este bando será el final y conclusion del mismo modo que si hubiera sido expedido por los Comisionados en sus acuerdos.
Esta decision sin embargo será expedida por el Tercero treinta dias despues de la última sesion de la mencionada Comision ; y despues de este plazo estipulado de treinta dias, cesan los poderes y el encargo del Tercero en Discordia. articulo ix. Cada Gobierno pagará sus Comisionados y Secretario; pero el Tercero en Discordia será pagado, la mitad por el Gobierno del Perú y 643 la mitad por el de los Estados Unidos. articulo x. La presente Convencion será ratificadaRatifications to be exchanged within six months. y las ratificaciones cambiadas en el término de cuatro meses de su fecha.
En fé de lo cual los respectivos Plenipotenciarios la han firmado y puesto sus sellos. Hecha en Lima á los doce diasSignature. del mes de Enero del año del Senor de mil ochocientos sesenta y tres. JOSÉ G. PAZ SOLDAN. [l. s.] CHRISTOPHER ROBINSON. [l. s.] And whereas the said Convention, as amended, has been duly ratifiedRatifications. on both parts, and the respective ratifications of the same were exchanged at the city of Lima on the eighteenth day of April last: Now, therefore, be it known that I, ABRAHAM LINCOLN, PresidentProclamation by the President. of the United States of America, have caused the said Convention to be made public, to the end that the same and every clause and article thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this nineteenth day of May, in the year of our Lord one thousand eight hundred and sixty- [l. s.] three, and of the Independence of the United States of America the eighty-seventh. ABRAHAM LINCOLN. By the President: William H. Seward, *Secretary of State*. February 17, 1863 Treaty 13 Stat. 645 TREATY WITH GREAT BRITAIN. February 17, 1863. 645 *Additional Article to the Treaty for the Suppression of the African Slave-Trade, between the United States of America and her Britannic Majesty, of the* 7*th of April,* 1862; *concluded February* 17, 1863; *ratified by the United States, March* 5, 1863 ; *ratifications exchanged, April* 1, 1863; *and proclaimed by the President of the United States, April* 22, 1863.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: A PROCLAMATION. February 17, 1863. Whereas an additional article to the treaty for the suppression of thePreamble. African slave-trade, between the United States of America and her Britannic Majesty, of the 7th of April, 1862, was concluded and signed at Washington by their respective plenipotentiaries, on the 17th day of February, 1863, which additional article is, word for word, as follows: — *Additional Article to the Treaty between the United.
States of America and her Britannic Majesty for the Suppression of the African Slave-Trade, signed at Washington April* 7, 1862. Whereas, by the first article of the treaty between the United StatesRight of search and detention of certain vessels may be exercised within thirty leagues of Madagascar, Puerto Rico, and San Domingo. 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 7th of April, 1862, it was stipulated and agreed that those ships of the respective navies of the two high contracting parties which shall be provided with special instructions for that purpose as thereinafter mentioned, may visit such merchant-vessels of the two nations as may, upon reasonable grounds, be suspected of being engaged in the African slave-trade, or of having been fitted out for that purpose,Vol. xii. p. 1225. or of having, during the voyage on which they are met by the said cruisers, been engaged in the African slave-trade contrary to the provisions of the said treaty; and that such cruisers may detain and send or carry away such vessels in order that they may be brought to trial in the manner thereinafter agreed upon ; and whereas it was by the said article further stipulated and agreed that the reciprocal right of search and detention should be exercised only within the distance of two hundred miles from the coast of Africa, and to the southward of the thirty-second parallel of north 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 exercised 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 validity asThis article to have same effect as if it formed part of former treaty.Ratifications to be exchanged in six months. if it had been inserted word for word in the treaty concluded between the two high contracting parties on the 7th 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.
In witness whereof the respective plenipotentiaries have signed the same, and have thereunto affixed the seal of their arms. 646 Signature.Done at Washington, the 17th day of February, in the year of our Lord one thousand eight hundred and sixty-three. WILLIAM H. SEWARD. [l. s.] LYONS. [l. s.] Ratification.And whereas the said additional article has been duly ratified on both parts, and the respective ratifications of the same were exchanged at London on the 1st instant, by Charles Francis Adams, Esq., Envoy Extraordinary and Minister Plenipotentiary of the United States, at the Court of St.
James, and Earl Russell, her Britannic Majesty’s principal Secretary of State for foreign affairs, on the part of their respective governments: Proclamation by the President.Now, therefore, be it known, that I, ABRAHAM LINCOLN, President of the United States of America, have caused the said additional article to be made public, to the end that the same, and every clause and part thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.
In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-second day of April, in the year of our Lord one thousand eight hundred [l. s.] and sixty-three, and of the Independence of the United States the eighty-seventh. ABRAHAM LINCOLN. By the President: William H. Seward, *Secretary of State*. May 20, 1863 Convention 13 Stat. 647 CONVENTION WITH BELGIUM. May 20. 1863. 647 *Convention between the United States of America and His Majesty the King of the Belgians;
Dated at Brussels, May* 20, 1863; *Ratified, March* 6, 1864; *Exchanged, June* 24, 1864; *Proclaimed by the President of the United States, November* 18, 1864. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. May 20, 1863. A PROCLAMATION. Whereas a convention between the United States of America and hisPreamble. Majesty the King of the Belgians, to complete by new stipulations the treaty of commerce and navigation between the United States and Belgium, of the seventeenth of July, eighteen hundred and fifty-eight, wasVol. xii. p. 1043. concluded and signed by their respective plenipotentiaries, at Brussels, on the twentieth day of May, eighteen hundred and sixty-three, which convention, being in the English and French languages, is word for word, as follows: — 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 by the United States and Belgium on the seventeenth day of July, eighteen hundred and fifty-eight, have resolved to make a convention 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, decorated 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 Representatives, 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: — 648 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.
Tonnage dues. The tonnage dues levied in Belgian ports shall cease. 2d. Fees for pilotage. 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, &c. Port dues and other charges levied by the city of Antwerp shall be throughout reduced. article ii. Transportation of salt.In derogation to the ninth article of the treaty of the seventeenth of July, eighteen hundred and fifty-eight,Vol. xii. p. 1046. the flag of the United States shall be assimilated to that of Belgium for the transportation of salt. article iii.
Tariff of import duties.The tariff of import duties resulting from the treaty of the first of May, eighteen hundred and sixty-one, between Belgium and France, is extended to goods imported 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 sixtytwo, with Italy on the ninth of April, eighteen hundred and sixty-three, with the Netherlands on the twelfth of May, eighteen hundred and sixty-three, and also with France on the twelfth of May, eighteen hundred and sixty-three, shall be equally applied to goods imported from the United States.
It is agreed that Belgium shall also extend to the United States the reductions of import duties which may result from her subsequent treaties with other powers. 649 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 conditions : — A. The capital sum shall not exceed thirty-six millions of francs. B. Belgium shall assume for its part one-third of that amount.
C. The remainder shall be apportioned among the other States, pro rata to their navigation in the Scheldt. D. The proportion of the United States, to be determined in accordance 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 instalments 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 instalment shall be payable at Brussels, on the first day of April, eighteen hundred and sixtyfour, or immediately after the Congress of the United States shall have made the requisite appropriation. In either event, the interest shall commence to run on the date of the first of April, eighteen hundred and sixty-four, above mentioned. The government of the United States reserves the right of anticipating the payment of the proportion 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 contracting parties 650 on the seventeenth of July, eighteen hundred and fifty-eight, have the same force and duration as the treaties mentioned in Article III. Exchange of ratifications.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.
Signature.Made in duplicate, and signed at Brussels the twentieth day of May, eighteen hundred and sixty-three. H. S. SANFORD, [l. s.] Declaration annexed.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 farther stipulations, and it having been impracticable to complete in season the examination of the said stipulations, it is agreed that the Belgian government will continue that examination with the sincere intent to come to an agreement as early as may be possible.
Signature.Done at Brussels, in duplicate, the twentieth of May, eighteen hundred and sixty-three. H. S. SANFORD. Le Président des Etats-UnisContracting parties. d’Amérique, d’une part, et Sa Majesté le Roi des Belges, d’autre part, ayant jugé utile de compléter par de nouvelles stipulations le traité de commerce et de navigation signé entre les Etats-Unis et la Belgique le dix-sept Juillet mil huit cent cinquante huit, ont résolu de conclure une convention additionnelle à cet arrangement et ont nommé pour leurs Plénipotentiaires, savoir: — Le Président des Etats-Unis, Henri Shelton Sanford, citoyen des Etats-Unis, son Ministre Résident près Sa Majesté le Roi des Belges;
Sa Majesté le Roi des Belges, le Sieur Charles Rogier, Grand Officier de l’Ordre de Léopold, décoré de la Croix de Fer, Grand Cordon des Ordres de la Branche Ernestine de Saxe, de l’Etoile Polaire, des SS. Maurice et Lazare, de Notre Dame de la Conception de Villa-Viçosa, de la Légion d’Honneur et de l’Aigle Blanc, &a., Membre de la Chambre des Représentants, son Ministre des Affaires Etrangères, lesquels, après s’ôtre communiqué leurs pleins pouvoirs, trouvés en bonne et due forme, sont convenus des articles suivants: — 648 article 1er.
A partir du jour où la capitalisation du péage de l’Escaut sera assurée par un arrangement général:— 1º. Le droit de tonnage prélevé dans les ports belges cessera d’être perçu; 2º. Les droits de pilotage dans les ports belges et dans l’Escaut, en tant qu’il dépendra de la Belgique, seront réduits: de 20 p. c. pour les navires à voiles, de 25 p. c. pour les navires remorqués, de 30 p. c. pour les navires à vapeur; 3º. Le régime des taxes locales imposées par la ville d’Anvers sera dégrevé dans son ensemble. article ii.
Par dérogation à l’art. 9 du traité du dix-sept Juillet mil huit cent cinquante huit, le pavillon des Etats-Unis sera assimilé au pavillon belge pour le transport du sel. article iii. Le tarif résultant du traité du premier Mai mil huit cent soixante et un entre la Belgique et la France est étendu aux marchandises importées des Etats-Unis dans les mêmes conditions qu’il l’a été à l’Angleterre par le traité du 23 Juillet mil huit cent soixante deux. Seront également appliqués aux dites marchandises les dégrèvements opérés par les traités conclus par la Belgique avec la Suisse le onze Décembre mil huit cent soixante deux, avec l’Italie le neuf Avril mil huit cent soixante trois, avec les Pays Bas le douze Mai mil huit cent soixante trois, et avec la France également le douze Mai mil huit cent soixante trois.
Il est convenu que la Belgique étendra aussi aux Etats-Unis les réductions de tarif qui pourraient résulter de ses traités subséquents avet d’autres puissances. 649 article iv. Prenant en considération les propositionsContribution of the United States to the capitalization of the Scheldt dues; faites par la Belgique pour régler, d’un, commun accord, la capitalisation du péage de l’Escaut, les Etats-Unis consentent à contribuer à cette capitalisation sous les conditions suivantes: — A.
Le capital n’excédera pas une somme de trente-six millions de francs. B. La Belgique prendra à sa charge le tiers de ce capital. C. Le reste sera reparti entre les autres Etats, dans la proportion de leur navigation dans l’Escaut. D. La quote-part des Etats-Unis,not to exceed, &c.; devant être fixée d’après cette règle, ne pourra s’élever au-dessus d’une somme de deux millions sept cent septante neuf mille deux cents francs. E. Le paiement de la dite quote-parthow to be paid. sera effectué en dix annuités, d’égale valeur, qui comprendront le capital et les intérêts à quatre pour cent des parties du capital non-échues.
La première annuité sera payable à Bruxelles le 1" Avril 1864 ou aussitôt après que le Congrès des Etats-Unis aura voté les fonds nécessaires. Dans tout cas, l’intérêt prendrait cours à partir de la date susdite du premier Avril mil huit cent soixante quatre. Le Gouvernement des Etats-Unis se réserve d’opérer l’extinction anticipée de sa quote-part. Les conditions ci-dessus énoncées pour la capitalisation du péage de l’Escaut seront insérées dans un traité général qui sera arrêté par une conférence des Etats maritimes intéressés, conférence dans lequel les Etats-Unis seront représentés. article v.
La présente convention additionnelleDuration of this convention. sera perpétuelle en ce qui regarde les articles I. et IV. et, pour le surplus, elle aura, ainsi que le traité du dix-sept Juillet mil huit cent cinquante huit, la même force et la 650 même durée que les traités mentionnés à l’article 3. Les ratifications eu seront échangées dans le plus court délai possible. En foi de quoi, les Plénipotentiaires respectifs l’ont signée et y ont apposé leurs cachets. Fait en double original et signé il Bruxelles, le vingtième jour du mois de Mai mil huit cent soixante trois.
CH. ROGIER. [l. s.] Déclaration annexée à la convention additionnelle signée en date de ce jour entre les Etats-Unis et la Belgique. Le Plénipotentiaire des Etats-Unis ayant demandé que les attributions des consuls Américains en Belgique fissent l’objet de quelques stipulations nouvelles, et l’étude des dites stipulations n’ayant pu se terminer en temps utile, il est convenu que le Gouvernement Belge en pour-suivra l’examen avec la sinsère intention d’arriver à un accord le plus tôt possible.
Fait à Bruxelles, en double original, le vingtième jour du mois de Mai mil huit cent soixante trois. CH. ROGIER. Ratified.And whereas the said convention has been duly ratified on both parts, and the respective ratifications of the same were exchanged at Brussels on the twenty-fourth of June last: Proclaimed.Now, therefore, be it known, that I, ABRAHAM LINCOLN, President of the United States of America, have caused the said convention to be made public, to the end that the same and every clause and article thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, this eighteenth day of November, in the year of our Lord one thousand eight hundred and [l. s.] sixty-four, and of the Independence of the United States of America the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, *Secretary of State*. July 1, 1863 Treaty 13 Stat. 651 TREATY WITH GREAT BRITAIN. July 1, 18G3. 651 *Treaty for the final Settlement of the Claims of the Hudson’s Bay and Puget’s Sound Agricultural Companies between the United States of America and Her Britannic Majesty; concluded July* 1, 1863; *ratified by the United States, March* 2, 1864 ; *ratifications exchanged March* 5, 1864; *proclaimed by the President of the United States, March* 5, 1864.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. July 1, 1863. Whereas a treaty between the United States of America and her Britannic Majesty, for the final settlement of the claims of the Hudson’sPreamble. Bay and Puget’s Sound Agricultural Companies, was concluded and signed at Washington, by their respective plenipotentiaries, on the first day of July, 1863, which treaty is, word for word, as follows: The United States of America and her Majesty the Queen of the UnitedContracting parties Kingdom of Great Britain and Ireland, being desirous to provide for the final settlement of the claims of the Hudson’s Bay and Puget’s Sound Agricultural Companies specified in articles III. and IV. of the treaty concluded between the United States of America and Great Britain, on the 15th of June, 1846, have resolved to conclude a treaty for this purpose, and have named as their Plenipotentiaries, that is to say : the President of the United States of America, William H.
Seward, Secretary of State ; and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honorable Richard Bickerton Pemell, Lord Lyons, a peer of her United Kingdom, a knight grand cross of her most honorable order of the Bath, and her Envoy Extraordinary and Minister Plenipotentiary to the United States of America; who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles :
Article I. Whereas by the 3d and 4th articles of the treaty concludedCommissioners to be appointed to examine, &c., claims of Hudson’s Bay and Puget’s Sound Agricultural Companies. 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 property lawfully acquired within the said territory, should be respected, and that the farms, lands, and other property of every description, belonging to the Puget’s Sound 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 importance, and the United States government should signify a desire to obtain possession of the whole or of any part thereof, the property so required should be transferred to the said 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 possessory rights and claims of those companies, and of any other British subjects in Oregon and Washington Territory, should be settled by the transfer of 652 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 Britannic Majesty shall, within twelve months after the exchange of the ratifications of the present treaty, appoint each a commissioner for the purpose of examining and deciding upon all claims arising out of the provisions of the above-quoted articles of the treaty of June 15, 1846.
Article II. Commissioners to meet where, and how to be qualified; 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 declaration shall be entered on the record of their proceedings. to name an umpire.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 arbitrator or umpire If they do not agree, King of Italy to appoint one.Umpire to be qualified.shall be appointed by the King of Italy, whom the two high contracting parties shall invite to make such appointment, and whose selection shall be conclusive on both parties.
The person so to be chosen shall, before proceeding to act, make and subscribe a 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 Vacancy in office of umpire, how filled.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 declaration as aforesaid.
Decision of commissioners, &c., to be final.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. Article III. Records of proceedings to be kept. The commissioners and the arbitrator or umpire shall keep accurate records and correct minutes or notes of all their proceedings, with the dates thereof, and shall appoint and employ such clerk or Clerks.clerks or other persons as they shall find necessary to assist them in the transaction of the business which may come before them.
Salaries.The salaries of the commissioners and of the clerk or clerks shall be paid by their respective governments. The salary of the arbitrator or umpire and the contingent expenses shall be defrayed in equal moieties by the two governments. Article IV. Awards of commissioners to be paid in instalments. 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 in two equal annual instalments, whereof the first shall be paid within twelve months after the date of the award, and the second within twenty-four months after the date of the award, without interest, and without any deduction whatever.
Article V. Ratifications, when and where to be exchanged. The present treaty shall be ratified, and the mutual exchange of ratifications shall take place in Washington, in twelve months Signature.from the date hereof, or earlier, if possible. In faith whereof, we, the respective plenipotentiaries, have signed this treaty, and have hereunto affixed our seals. Done in duplicate, at Washington, the first day of July, anno Domini one thousand eight hundred and sixty-three. WILLIAM H.
SEWARD. [l. s.] LYONS. [l. s.] 653 And whereas the said treaty has been duly ratified on both parts, andExchange of ratifications. the respective ratifications of the same were exchanged at Washington, on the second instant, by William H. Seward, Secretary of State of the United States, and the Right Honorable Lord Lyons, her Britannic Majesty’s Envoy Extraordinary and Minister Plenipotentiary, on the part of their respective governments : Now, therefore, be it known that I, ABRAHAM LINCOLN, PresidentProclaimed by the President. of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.
In witness whereof I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the City of Washington, this fifth day of March, in the year of our Lord one thousand eight hundred and [l. s.] sixty-four, and of the Independence of the United States the eighty-eighth. ABRAHAM LINCOLN. By the President: William H. Seward, *Secretary of State*. July 20, 1863 Treaty 13 Stat. 655 TREATY WITH BELGIUM. July 20, 1863. 655 *Treaty between the United States of America and his Majesty the King of the Belgians ;
Extinguishment of the Scheldt dues ; Dated at Brussels, July* 20, 1863 ; *Ratified, March* 5, 1864; *Exchanged, June* 24, 1864; *Proclaimed by the President, November* 18, 1864. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. July 20, 1863. A PROCLAMATION. Whereas a treaty between the United States of America and hisPreamble. Majesty the King of the Belgians, for the extinguishment of the Scheldt dues, was concluded and signed by their respective plenipotentaries, at Brussels, on the twentieth day of July, eighteen hundred and sixty-three, which treaty, being in the English and French languages, is word for word as follows: — The United States of America and his Majesty the King of the Belgians, equally desirous of liberating forever the navigation of the Scheldt from the dues which encumber it, to assure the reformation of the maritime taxes levied in Belgium, and to facilitate thereby the development of trade and navigation, have resolved to conclude a treaty to complete the convention signed on the 20th of May, 1863, between the United States and Belgium, and have appointed as their plenipotentiaries, namely:
The President of the United States of America, Henry Shelton 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 Leopold, 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 656 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 9 th article of the treaty of the nineteenth of April, eighteen hundred and thirty-nine, and his Majesty the King of the Belgians engages to pay the capital sum of the redemption of those dues, which amount to 17,141,640 florins. 2d.
Extinguishment applies to all flags. 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 reestablished under any form whatsoever, and that this suppression shall not affect in any manner the other provisions of the treaty of the nineteenth of April, eighteen hundred and thirty-nine, which declaration shall be considered inserted in the present treaty, to which it shall remain also annexed. article ii.
Same subject.His Majesty the King of the Belgians makes, for what concerns him, the same declaration as that which is mentioned in the second paragraph of the preceding article. article iii. Tonnage dues, pilotage, and local taxes.It is well understood that the tonnage dues suppressed in Belgium, in conformity with the convention of the twentieth of May, eighteen hundred and sixty-three, cannot be reestablished, 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. 657 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 contracting parties to the convention of the twentieth of May, eighteen hundred and sixty-three. article v.
The execution of the reciprocal engagements contained in the present treaty is made subordinate, in so far as is necessary, to the formalities and rules established by the constitutional laws of the high contracting parties. article vi. It is well understood that the provisions of Article 3 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. H. S. SANFORD, [l. s.] Les Etats-Unis d’Amérique et saContracting parties. Majesté le Roi des Belges également animés du désir de libérer à jamais la navigation de l’Escaut du péage qui la grève, d’assurer la réforme des taxes maritimes perçues en Belgique et de faciliter par là le développement du commerce et de la navigation, ont résolu de conclure un traité complétant la convention signée le vingt Mai mil huit cent soixante trois entre les Etats-Unis et la Belgique, et ont nommé pour leurs plénipotentiaires, savoir:
LePlenipotentiaries. Président des Etats-Unis d’Amérique, Henri Shelton Sanford, citoyen des Etats-Unis, leur ministre résident près sa Majesté le Roi des Belges, et sa Majesté le Roi des Belges, le Sieur Charles Rogier, grand officier de l’Ordre de Léopold, décoré de la croix de Fer, &a, &a, &a, son ministre des affaires étrangères; lesquels, après avoir échangé leurs pleins pouvoirs, trouvés en bonne et due forme, sont convenus des articles suivants: — article i. Les hautes parties contractantesScheldt dues renounced. prennent acte: — 1º du traité conclu le douze Mai mil huit cent soixante trois entre la 656 Belgique et les Pays Bas, qui restera annexé au présent traité et par lequel sa Majesté le Roi des Pays Bas renonce à jamais au péage établi sur la navigation de l’Escaut et de ses embouchures par le § 3 de l’art. 9 du traité du 19 Avril, 1839, et sa Majesté le Roi des Belges s’engage à payer le capital de rachat de ce péage, fixé à 17,141,640 florins. 2º de la déclaration faite au nom de sa Majesté le Roi des Pays Bas, le quinze Juillet mil huit cent soixante trois, aux plénipotentiaires des hautes parties contractantes, et portant que la suppression du péage de l’Escaut, consentie par sa dite Majesté, s’applique à tous les pavillons, que ce péage ne pourra être rétabli sous une forme quelconque, et que cette suppression ne portera aucune atteinte aux autres dispositions du traité du dixneuf Avril mil huit cent trente neuf, déclaration qui sera considérée comme insérée au présent traité, auquel elle restera également annexée. article ii.
Sa Majesté le Roi des Belges fait, pour ce qui la concerne, la même déclaration que celle qui est mentionnée au paragraphe 2 de l’article précédent. article iii. Il est bien entendu que le droit de tonnage supprimé en Belgique conformément à la convention du vingt Mai mil huit cent soixante trois ne pourra être rétabli, et que les droits de pilotage et les taxes locales réduits d’après la même convention ne pourront être relevés. Le tarif des droits de pilotage et celui des taxes locales à Anvers seront les mêmes pour les Etats-Unis que ceux qui sont inscrits dans les protocoles de la conférence de Bruxelles. 657 article iv.
En ce oui concerne la quote-partProportion of the United States. des Etats-Unis dans le capital de rachat du péage de l’Escaut, ainsi que le mode, le lieu, et l’époque du paiement de cette quote-part, les hautes parties contractantes se réfèrent à la convention du vingt Mai mil huit cent soixante trois. article v. L’exécution des engagements réciproquesExecution of this treaty. contenus dans le présent traité est subordonnée, en tant que de besoin, à l’accomplissement des formalités et règles établies par les lois constitutionelles des hautes parties contractantes. article vi.
Il est bien entendu que les dispositions de l’art. 3 ne seront obligatoiresArticle III. to apply to what States. qu’ à l’égard de l’état qui a pris part ou de ceux qui adhéreront au traité de ce jour, sa Majesté le Roi des Belges se réservant expressément le droit de régler le traitement fiscal et douanier des navires appartenant aux états qui resteront en dehors de ce traité. article vii. Le présent traité sera ratifié et lesExchange of ratifications. ratifications en seront échangées à Bruxelles, dans le plus court délai possible.
En foi de quoi les plénipotentiaires respectifs l’ont signé en double original et y ont apposé leurs cachets. Fait à Bruxelles, le vingtièmeDate. jour du mois de Juillet mil huit cent soixante trois. CH. ROGIER. [l. s.] 658 [Translation.] *Treaty of May* 12, 1863, *between Belgium and the Netherlands, annexed to the treaty of July* 20, 1863.Treaty between Belgium and the Netherlands. His Majesty the King of the Belgians and his Majesty the King of the Netherlands, 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 3 of the 9tb article of the treaty of the 19 th April, 1839, have resolved to conclude a special treaty on this subject, and have appointed for their plenipotentiaries, namely: — Plenipotentiaries.His Majesty the King of the Belgians, M.
Aldephonse Alexander Felix, Baron du Jardin, commander of the Order of Leopold, decorated with the iron cross, commander of the Lion of the Netherlands, chevalier grand cross of the Oaken Crown, grand cross and commander of several other orders, his envoy extraordinary and minister plenipotentiary near to his Majesty the King of the Netherlands: His Majesty the King of the Netherlands, Messrs. Paul Vander Maesen de Sombreff, chevalier grand cross of the Order of the Nichan Iftihar of Tunis, his minister of foreign affairs, M.
Jean Rudolphe Thorbecke, chevalier grand cross of the Order of the Lion of the Netherlands, grand cross of the Order of Leopold of Belgium, and of many other orders, his minister of interior, and M. Gerard Henri Betz, his minister of finance; Who, after having exchanged their full powers, found in good and due form, have concluded upon the following articles: — article i. Scheldt dues renounced.His Majesty the King of the Netherlands renounces forever, for the sum of 17,140,640 florins of Holland, the dues levied upon the navigation of the Scheldt, and of its mouths, by virtue of paragraph 3 of article 9 of the treaty of 19 th April, 1839. 659 article ii.
This sum shall be paid to the government of the Netherlands by the Belgian government, at Antwerp, or at Amsterdam, at the choice of the latter, the franc calculated at 47¼ cents of the Netherlands, as follows : — One third immediately after the exchange of ratifications, and the two other thirds in three equal instalments, payable on the 1st May, 1864, 1st May, 1865, and 1st May, 1866. The Belgian government may anticipate the above-named payments. article iii. From and after the payment of the first instalment of one third, the dues shall cease to be levied by the government of the Netherlands.
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. In faith whereof, the plenipoten- 660 tiaries above named have signed the same and affixed their seals. Done at the Hague the 12th May, 1863. BARON DU JARDIN. [l. s.] P. VANDER MAESEN DE SOMBREFF. [l. s.] THORBECKE. [l. s.] BETZ. [l. s.] [Translation.] *Protocol of July* 15, 1863, *annexed to the treaty of July* 20, 1863.Protocol.
The plenipotentiaries undersigned, having come together in conference to determine the general treaty relative to the redemption of the Scheldt dues, and having judged it useful, before drawing up this arrangement in due form, to be enlightened with respect to the treaty concluded the 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 response to this invitation, and made the following declaration : — " “The undersigned, envoy extraordinary and minister plenipotentiary of his Majesty the King of the Netherlands, declares, in virtue of the special powers which have been delivered to him, that the 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 provisions of the treaty of the 19th April, 1839.
“BARON GERICKE D’HERWYNEN. “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. [l. s.] 661 BARON DE HUGEL. [l. s.] J. T. DO AMARAL. [l. s.] M. CARVALLO. [l. s.] P. BILLE BRAHE. [l. s.] D. COELLO DE PORTUGAL. [l. s.] H. S. SANFORD. [l. s.] MALARET. [l. s.] HOWARD DE WALDEN ET SEAFORD. [l. s.] VON HODENBERG. [l. s.] CTE.
DE MONTALTO. [l. s.] MAN. YRIGOYEN. [l. s.] V’TE DE SEISAL. [l. s.] SAVIGNY. [l. s.] ORLOFF. [l. s.] ADALBERT MANSBACH. [l. s.] C. MUSURUS. [l. s.] GEFFEKEN. [l. s.] CH. RO GIER. [l. s.] BN. LAMBERMONT. [l. s.] 658 *Traité du* 12 *Mai,* 1863, *entre la Belgique et les Pays Bas, annexé au traité du vingt Juillet,* 1863 Sa Majesté le Roi des Belges et sa Majesté le Roi des Pays Bas, Grand Duc de Luxembourg, s’étant mis d’accord sur les conditions du rachat, par voie de capitalisation, du péage établi sur la navigation de l’Escaut et de ses embouchures par le § 3 de l’art. 9 du traité du 19 Avril, 1839, ont résolu de conclure un traité spécial à ce sujet et ont nommé pour leurs plénipotentiaires:
Sa Majesté le Roi des Belges, le Sieur Aldephonse Alexander Felix Baron du Jardin, commandeur de l’Ordre de Léopold, décoré de la Croix de Fer, commandeur du Lion Néerlandais, chevalier grand croix de la Couronne de Chêne, grand croix et commandeur de plusieurs autres ordres, son envoyé extraordinaire et ministre plénipotentiaire près sa Majesté le Roi des Pays Bas: Sa Majesté le Roi des Pays Bas, Messire Paul Vander Maesen de Sombreff, chevalier grand croix de l’Ordre du Nichan Iftihar de Tunis, son ministre des affaires étrangères; le Sieur Jean Rudolphe Thorbecke, chevalier grand croix de l’Ordre du Lion Néerlandais, grand croix de l’Ordre de Léopold de Belgique et de plusieurs autres ordres, son ministre de l’interieur; et le Sieur Gérard Henri Betz, son ministre des finances;
Lesquels, après avoir échangé leurs pleins pouvoirs, trouvés en bonne et due forme, ont arrêté les articles suivants: — article i. Sa Majesté le Roi des Pays Bas renonce à jamais, moyennant une somme de dix-sept millions cent quarante et un mille six cent quarante florins des Pays Bas, au droit perçu sur la navigation de l’Escaut et de ses embouchures en vertu du § 3 de l’art. 9 du traité du 19 Avril, 1839. 659 article ii. Cette somme sera payée au gouvernementPayment by Belgium.
Néerlandais par le gouvernement Belge à Anvers ou à Amsterdam, au choix de ce dernier, le franc calculé à 47º cents des Pays Bas, savoir: — Un tiers sitôt après l’échange des ratifications, et les deux autres tiers en trois termes égaux échéant le 1r Mai, 1864, le Ir Mai, 1865, et le 1r Mai, 1866. Il sera loisible au gouvernement Belge d’anticiper les susdites échéances. article iii. A dater du payement du premierDuties, when to cease to be levied. tiers, le péage cessera d’être perçu par le gouvernement des Pays Bas.
Les sommes non immédiatement soldées porteront intérêt à 4 p. c. l’an, au profit du trésor Néerlandais. article iv. Il est entendu que la capitalisationTreaty engagements not affected. du péage ne portera aucune atteinte aux engagements qui résultent, pour les deux.états des traités en vigueur en ce qui concerne l’Eseaut. article v. Les droits de pilotage actuellementPilotage dues. perçus sur l’Escaut sont réduits de 20 p. c. pour les navires à voiles; de 25 p. c. pour les navires remorqués; et de 30 p. c. pour le navires à vapeur.
Il reste d’ailleurs convenu que les droits de pilotage sur l’Escaut ne pourront jamais être plus élevés que les droits de pilotage perçus aux embouchures de la Meuse. article vi. Le présent traité sera ratifié etRatification. les ratifications en seront échangées à La Haye dans le délai de quatre mois ou plus tôt si faire se peut. En foi de quoi les plénipotenti- 660 aires susdits l’ont signé et y ont apposé leur cachet. Fait à La Haye le 12 Mai, 1863. BARON DU JARDIN, [l. s.] P.
VANDER MAESEN DE SOMBREFF. [l. s.] THORBECKE. [l. s.] BETZ. [l. s.] *Protocole du* 15 *Juillet,* 1863, *annexé au traité du* 20 *Juillet,* 1863. Les plénipotentiaires soussignés s’étant réunis en conférence pour arrêter le traité général relatif au rachat du péage de l’Escaut, et ayant jugé utile, avant de formuler cet arrangement, de s’éclairer sur la portée du trait conclu le 12 Mai, 1863, entre la Belgique et les Pays Bas ont résolu d’inviter le ministre des Pays Bas à prendre place à cet effet dans la conférence.
Le plénipotentiaire des Pays Bas a bien voulu se rendre à cette invitation et a fait la déclaration suivante: — Le soussigné, envoyé extraordinaire et ministre plénipotentiaire de sa Majesté le Roi des Pays Bas, déclare, en vertu des pouvoirs spéciaux qui lui ont été délivrés, que la suppression du péage de l’Escaut, consentie par son august souverain, dans le traité du 12 Mai, s’applique à tous les pavillons, que ce péage ne pourra être rétabli sous une forme quelconque, et que cette suppression ne portera aucune atteinte aux autres dispositions du traité du 19 Avril, 1839.
Bruxelles, le 15 Juillet, 1863. BARON GERICKE D’HERWYNEN. II a été pris acte de cette déclaration, qui sera insérée ou annexée au traité général. Fait à Bruxelles, le 15 Juillet, 1863. BARON GERICKE D’HERWYNEN. [l. s.] 661 BARON DE HUGEL. [l. s.] J. T. DO AMARAL. [l. s.] M. CARVALLO. [l. s.] P. BILLE BRAHE. [l. s.] D. COELLO DE PORTUGAL. [l. s.] H. S. SANFORD. [l. s.] MALARET. [l. s.] HOWARD DE WALDEN ET SEAFORD. [l. s.] VON HODENBERG. [l. s.] CTE. DE MONTALTO. [l. s.] MAN. YRIGOYEN. [l. s.] V’TE DE SEISAL. [l. s.] SAVIGNY. [l. s.] ORLOFF. [l. s.] ADALBERT MANSBACH. [l. s.] C.
MUSURUS. [l. s.] GEFFEKEN. [l. s.] CH. ROGIER. [l. s.] BN. LAMBERMONT. [l. s.] And whereas the said treaty has been duly ratified on both parts, andRatified. the respective ratifications of the same were exchanged at Brussels on the twenty-fourth of June last: — Now, therefore, be it known, that I, ABRAHAM LINCOLN, PresidentProclaimed. of the United States of America, have caused the said treaty to be made public, to the end that the same and every clause and article thereof may be fulfilled with good faith by the United States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this eighteenth day of November, in the year of our Lord one thousand eight hundred and [l. s.] sixty-four, and of the Independence of the United States of America the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, *Secretary of State*. July 30, 1863 Treaty 13 Stat. 663 TREATY WITH THE SHOSHONEE INDIANS. July 30, 1863. 663 *Treaty between the United States of America and the Northwestern Bands of Shoshonee Indians, concluded at Box Elder, July* 30, 1863 ; *Ratification advised, with Amendments, by the Senate, March* 7, 1864; *Amendments assented to, November* 18, 1864; *Proclaimed by the President of the United States, January* 17, 1865.
ABRAHAM LINCOLN, PRESIDENT OF THE UNITED STATES OF AMERICA, to all and singular to whom these presents shall come, greeting:July 30, 1863. Whereas a treaty was made and concluded at Box Elder, in the TerritoryPreamble. of Utah, on the thirtieth day of July, in the year of our Lord one thousand eight hundred and sixty-three, by and between James Duane Doty, Commissioner, and Brigadier General P. Edward Connor, on the part of the United States, and the hereinafter named chiefs and warriors of the northwestern bands of Shoshonee Indians, on the part of said bands of Indians, and duly authorized thereto by them, which treaty is in the words and figures following, to wit: — Articles of agreement made at Box Elder, in Utah Territory, this thirtiethContracting parties. day of July, A.
D. one thousand eight hundred and sixty-three, by and between the United States of America, represented by Brigadier-General P. Edward Connor, commanding the military district of Utah, and James Duane Doty, commissioner, and the northwestern bands of the Shoshonee Indians, represented by their chiefs and warriors: Article I. It is agreed that friendly and amicable relations shall bePeace and friendship. reestablished between the bands of the Shoshonee Nation, parties hereto, and the United States; and it is declared that a firm and perpetual peace shall be henceforth maintained between the said bands and the United States.
Article II. The treaty concluded at Fort Bridger on the 2nd day ofTreaty of Fort Bridger assented to. July, 1863, between the United States and the Shoshonee Nation, being read and fully interpreted and explained to the said chiefs and warriors, they do hereby give their full and free assent to all of the provisions of said treaty, and the same are hereby adopted as a part of this agreement, and the same shall be binding upon the parties hereto. Article III. In consideration of the stipulations in the precedingAnnuity increased. articles, the United States agree to increase the annuity to the Shoshonee nation five thousand dollars, to be paid in the manner provided in said treaty.
And the said northwestern bands hereby acknowledge to have receivedReceipt. of the United States, at the signing of these articles, provisions and goods to the amount of two thousand dollars, to relieve.their immediate necessities, the said bands having been reduced by the war to a state of utter destitution. Article IV. The country claimed by Pokatello for himself and hisBoundary of Pokatello’s country. people is bounded on the west by Raft River and on the east by the Porteneuf Mountains.
Done at Box Elder, this thirtieth day of July, A. D. 1863. JAMES DUANE DOTY, *Governor and Acting Superintendent of Indian Affairs in Utah Territory.* P. EDW. CONNOR, *Brig.-Genl. U. S. Vols., Comd’g Dist. of Utah.* POKATELLO, TOOMONTSO, his x mark, chief. his x mark, “ 664 SANPITZ, TOSOWITZ, YAHNOWAY, WEERAHSOOP, PAHRAGOOSAHD, TAHKWETOONAH, OMASHEE, (John Pokatello’s brother,) his x mark, chief. his x mark, “ his x mark, “ his x mark, “ his x mark, “ his x mark, “ his x mark, “ Witnesses:
Robt. Pollock, Col. 3d Inf’y, C. V. M. G. Lewis, Capt. 3d Inf’y, C. V. S. E. Jocelyn, 1st Lieut. 3d Inf’y, C. V. Jos. A. Gebone, *Indian Interpreter*. John Barnard, Jr., his x mark, *Special Interpreter*. Willis H. Boothe, *Special Interpreter*. Horace Wheat. Submitted to Senate.And whereas the said treaty having been submitted to the Senate of the United States for its constitutional action thereon, the Senate did, on the seventh day of March, one thousand eight hundred and sixty-four, advise and consent to the ratification of the same by a resolution, with an amendment, in the words and figures following, to wit: — In Executive Session, Senate of the United States, March 7, 1864. } *Resolved,* Ratified with amendment.
(two thirds of the senators present concurring,) That the Senate advise and consent to the ratification of the “articles of agreement made at Box Elder, in Utah Territory, the thirtieth day of July, A. D. one thousand eight hundred and sixty-three, by and between the United States of America, represented by Brigadier-General P. Edward Connor, commanding the military district of Utah, and James Duane Doty, Commissioner, and the northwestern bands of the Shoshonee Indians, represented by their chiefs and warriors ;” with the following amendment: — At the end of article 4 insert a new article, as follows :
" Article V. Nothing herein contained shall be construed or taken to admit any other or greater title or interest in the lands embraced within the territories described in said treaty in said tribes or bands of Indians than existed in them upon the acquisition of said territories from Mexico by the laws thereof. Attest: J. W. FORNEY, *Secretary*. " Amendment assented to.And whereas the foregoing amendment having been fully interpreted and explained to Pokatello, Toomontso, Sanpitz, Tosowitz, Tahkwetoonah, and Omashee, (John,) Pokatello’s brother, chiefs and warriors of the northwestern bands of Shoshonee Indians, they did, on the eighteenth day of November, one thousand eight hundred and sixty-four, give their free and voluntary assent to the same, in the words and figures following, to wit: — Whereas a treaty of peace and friendship, by “Articles of agreement,” was made and concluded at Box Elder, in the Territory of Utah, on the thirtieth day [of] July, A.
D. 1863, between the United States, represented by their commissioner, James Duane Doty, and Brigadier General P. Edward Connor, and Pokatello and other chiefs and warriors of the Shoshonee nation of Indians, which treaty was ratified by the Senate of the United States with the following amendment: — " “Article 5. Nothing herein contained shall be construed or taken to admit any other or greater title or interest in the lands embraced within the territories described in said treaty in said tribes or bands of Indians than existed in them upon the acquisition of said territories from Mexico by the laws thereof.
” " 665 Now, the said amendment having been, this 18th day of November, A, D. 1864, at a council held with the said chiefs and warriors at Box Elder, under the instructions of the President of the United States, submitted to the said chiefs and warriors for their consideration and acceptance, and the same having been read and fully interpreted to them in their own language, the said chiefs and warriors, for themselves and for the Shoshonee nation, do hereby agree and consent to the said amendment to the said treaty; and do stipulate that the same shall be and is hereby accepted and adopted as one of the articles thereof, and forever binding upon them and their said nation.
In witness whereof the said Commissioner and the Superintendent ofSignature. Indian Affairs in the Territory of Utah, on the part of the United States, and the said chiefs and warriors, on the part of the Shoshonee nation, have hereunto set their hands this eighteenth day of November, A. D. 1864. JAMES DUANE DOTY, *Commissioner*. O. H. IRISH, *Supt. Indn. Affairs*. POKATELLO, TOOMONTSO, SANPITZ, TOSOWITZ, TAHKWETOONAH, OMASHEE (John), Pokatello’s brother, x his mark. x his mark. x his mark. x his mark. x his mark. x his mark.
Witnesses: Amos Reed, *Secretary of Utah Ty*. Alvin Nichols. D. B. Huntington, *U. S. Ind. Interpreter*. Willis Boothe, *Special Interpreter*. Now, therefore, be it known that I, ABRAHAM LINCOLN, PresidentProclaimed, of the United States of America, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the seventh of March, one thousand eight hundred and sixty-four, accept, ratify, and confirm the said treaty, with the amendment, as aforesaid.
In testimony whereof I have signed the same with my hand; and have caused the seal of the United States to be hereto affixed. Done at the city of Washington, this seventeenth day of January, in the year of our Lord one thousand eight hundred and [seal.] sixty-five, and of the Independence of the United States the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, *Secretary of State*. October 2, 1863 Treaty 13 Stat. 667 TREATY WITH THE CHIPPEWA INDIANS. October 2, 1863. 667 *Treaty between the United States and the Red Lake and Pembina Bands of Chippewa Indians ; concluded in Minnesota, October* 2, 1863; *ratified by the Senate with Amendments, March* 1, 1864; *amendments assented to, April* 12, 1864; *proclaimed by the President of the United States, May* 5, 1864. *Treaty between the United States and the Red Lake and Pembina Bands of Chippewa Indians ; concluded in Minnesota, October* 2, 1863; *ratified by the Senate with Amendments, March* 1, 1864; *amendments assented to, April* 12, 1864; *proclaimed by the President of the United States, May* 5, 1864.
A PROCLAMATION. to all and singular to whom these presents shall come, greeting :October 2, 1863. Whereas a treaty was made and concluded at the Old Crossing ofPreamble. Red Lake River, in the State of Minnesota, on the second day of October, in the year of our Lord one thousand eight hundred and sixty-three, by and between Alexander Ramsey and Ashley C. Morrill, Commissioners, on the part of the United States, and the hereinafter named Chiefs, Headmen, and Warriors of the Red Lake and Pembina Bands of Chippewa Indians, on the part of said Bands, and duly authorized thereto by them, which treaty is in the words and figures following, to wit: — Articles of a treaty made and concluded at the Old Crossing of RedContracting parties.
Lake River, in the State of Minnesota, on the second day of October, in the year eighteen hundred and sixty-three, between the United States of America, by their Commissioners, Alexander Ramsey and Ashley C. Morrill, agent for the Chippewa Indians, and the Red Lake and Pembina Bands of Chippewas, by their Chiefs, Headmen, and Warriors. Article I. The peace and friendship now existing between thePerpetual peace and friendship. United States and the Red Lake and Pembina bands of Chippewa Indians shall be perpetual.
Article II. The said Red Lake and Pembina bands of ChippewaLands ceded to the United States. Indians do hereby cede, sell, and convey to the United States all their right, title, and interest in and to all the lands now owned and claimed by them in the State of Minnesota and in the Territory of Dakota within the following described boundaries, to wit: Beginning at the point where the international boundary between the United States and the BritishBoundaries. possessions intersects the shore of the Lake of the Woods; thence in a direct line south-westwardly to the head of Thief River; thence down the main channel of said Thief River to its mouth on the Red Lake River; thence in a south-easterly direction, in a direct line towards the head of Wild Rice River, to the point where such line would intersect the northwestern boundary of a tract ceded to the United States by a treaty concluded at Washington on the twenty-second day of February, in the yearVol. x. p. 1165. eighteen hundred and fifty-five, with the Mississippi, Pillager, and Lake Winnebigoshish bands of Chippewa Indians; thence along the said boundary line of the said cession to the mouth of Wild Rice River; thence up the main channel of the Red River to the mouth of the Shayenne; thence up the main channel of the Shayenne River to Poplar Grove; thence in a direct line to the Place of Stumps, otherwise called Lake Chicot; thence in a direct line to the head of the main branch of Salt River; thence in a direct line due north to the point where such line would intersect the international boundary aforesaid; thence eastwardly along said boundary to the place of beginning. 668 Article III.
Payment for lands ceded. In consideration of the foregoing cession, the United States agree to pay to the said Red Lake and Pembina bands of Chippewa Indians the following sums, to wit: Twenty thousand dollars per See Post, page 49.annum for twenty years; the said sum to be distributed among the Chippewa Indians of the said bands in equal amounts per capita, and for this purpose an accurate enumeration and enrollment of the members of the respective bands and families shall be made by the officers of the United Proviso.States: *Provided,* That so much of this sum as the President of the United States shall direct, not exceeding five thousand dollars per year, Amount reserved.may be reserved from the above sum, and applied to agriculture, education, the purchase of goods, powder, lead, &c., for their use, and to such other beneficial purposes, calculated to promote the prosperity and happiness of the said Chippewa Indians, as he may prescribe.
Article IV. Amnesty for past offences. And in further consideration of the foregoing cession, and of their promise to abstain from such acts in future, the United States agree that the said Red Lake and Pembina bands of Chippewa Indians shall not be held liable to punishment for past offences. And in *See* Post, p. 50.order to make compensation to the injured parties for the depredations committed by the said Indians on the goods of certain British and American traders at the mouth of Red Lake River, and for exactions forcibly levied by them on the proprietors of the steamboat plying on the Red Appropriation for former depredations.River, and to enable them to pay their just debts, the United States agree to appropriate the sum of one hundred thousand dollars; it being understood and agreed that the claims of individuals for damages or debt Claims, how to be audited.under this article shall be ascertained and audited, in consultation with the chiefs of said bands, by a commissioner or commissioners appointed by See Amendment, *Post*, p. 46.the President of the United States, and that after such damages and debts shall have been paid, the residue of the above sum shall be distributed among the chiefs.
Furthermore, the sum of two thousand dollars shall Appropriation for powder, lead, &c.be expended for powder, lead, twine, or such other beneficial purposes as the chiefs may request, to be equitably distributed among the said bands at the first payment. Article V. Appropriation to encourage the adoption of habits of civilized life; To encourage and aid the chiefs of said bands in preserving order and inducing, by their example and advice, the members of their respective bands to adopt the habits and pursuits of civilized life, there shall be paid to each of the said chiefs annually, out of the annuities of the said bands, a sum not exceeding one hundred and fifty dollars, to be determined by their agents according to their respective merits.
And for the better promotion of the above objects, a further sum of five hundred dollars shall be paid at the first payment to each of the said chiefs to for road from Leech Lake to Red Lake.enable him to build for himself a house. Also, the sum of five thousand dollars shall be appropriated by the United States for cutting out a road from Leech Lake to Red Lake. Article VI. Board of visitors ; their appointment, duty, pay- The President shall appoint a board of visitors, to consist of not less than two nor more than three persons, to be selected from such Christian denominations as he may designate, whose duty it shall be to attend at all annuity payments of the said Chippewa Indians, to inspect their fields and other improvements, and to report annually thereon on or before the first day of November, and also as to the qualifications and moral deportment of all persons residing upon the reservation under the authority of law; and they shall receive for their services five dollars a day for the time actually employed, and ten cents per mile for travelling expenses: *Provided,* That no one shall be paid in any one year for more than twenty days’ service, or for more than three hundred miles’ travel.
Article VII. Spirituous liquors prohibited. The laws of the United States now in force, or that may hereafter be enacted, prohibiting the introduction and sale of spirituous liquors in the Indian country, shall be in full force and effect 669 throughout the country hereby ceded, until otherwise directed by congress or the President of the United States. Article VIII. In further consideration of the foregoing cession, it isGrant of 160 acres of land to certain of these Indians. hereby agreed that the United States shall grant to each male adult halfbreed or mixed-blood who is related by blood to the said Chippewas of the said Red Lake or Pembina bands who has adopted the habits and customs of civilized life, and who is a citizen of the United States, a homestead of one hundred and sixty acres of land, to be selected at his option, within the limits of the tract of country hereby ceded to the United States, on any land not previously occupied by actual settlers or covered by prior grants, the boundaries thereof to be adjusted in conformitySee amendment, p. 46. with the lines of the official surveys when the same shall be made, and with the laws and regulations of the United States affecting the location and entry of the same.
Article IX. Upon the urgent request of the Indians, parties to thisReservations of 640 acres each for the chiefs Moose Dung and Red Bear. treaty, there shall be set apart from the tract hereby ceded a reservation of
(640)six hundred and forty acres near the mouth of Thief River for the chief “Moose Dung,” and a like reservation of
(640)six hundred and forty acres for the chief “Red Bear,” on the north side of Pembina River. In witness whereof, the said Alexander Ramsey and Ashley C. Morrill, commissioners on the part of the United States, and the chiefs, headmen, and warriors of the Red Lake and Pembina bands of Chippewa Indians, have hereunto set their hands, at the Old Crossing of RedSignature. Lake River, in the State of Minnesota, this second day of October, in theOctober 2, 1863. year of our Lord one thousand eight hundred and sixty-three. ALEX. RAMSEY, ASHLEY C. MORRILL, *Commissioners*. MONS-O-MO, his x mark, Moose Dung, Chief of Red Lake. KAW-WASH-KE-NE-KAY, his x mark, Crooked Arm, Chief of Red Lake. ASE-E-NE-WUB, his x mark, Little Rock, Chief of Red Lak[e]. MIS-CO-MUK-QUOH, his X mark, Red Bear, Chief of Pembina. ASE-ANSE, his x mark, Little Shell, Chief of Pembina. MIS-CO-CO-NOY-A. his x mark, Red Rob, Warrior of Red Lake. KA-CHE-UN-ISH-E-NAW-BAY, his x mark, The Big Indian, Warrior of Red Lake. NEO-KLZHICK, his X mark, Four Skies, Warrior of Red Lake. NEBENE-QUIN-GWA-HAWEGAW, his x mark, Summer Wolverine, Warrior of Pembina. JOSEPH GORNON, his x mark, Warrior of Pembina. JOSEPH MONTREUIL, his x mark, Warrior of Pembina. TEB-ISH-KE-KE-SHIG, his x mark, Warrior of Pembina. MAY-ZHUE-E-YAUSH, his x mark, Dropping Wind, Head Warrior of Red Lake. MIN-DU-WAH-WING, his x mark, Berry Hunter, Warrior of Red Lake. NAW-GAUN-E-GWAN-ABE, his x mark, Leading Feather, Chief of Red Lake. Signed in presence of — Paul H. Beaulieu, *Special Interpreter*. Peter Roy, “ “ T. A. Warren, *U. S. Interpreter*. J. A. Wheelock, *Secretary*. Reuben Oilman, “ 670 George A. Camp, Major 8th Regiment Min. Vol. William T. Rockwood, Capt. Co. K, “ “ P. B. Davy, Capt. Co. L, 1st Regt. Min. M. Rangers. G. M. Dwells, 2d Lieut. 3d Minn. Battery. F. Rieger, Surgeon 8th Regt. M. Vols. L. S. Kidder, 1st Lieut. Co. L, 1st M. M. Rangers. Sam . B. Abbe. C. A. Kuffer. Pierrex Bottineau. Ratification with amendments.And whereas the said treaty having been submitted to the Senate of the United States for its constitutional action thereon, the Senate did, on the first day of March, one thousand eight hundred and sixty-four, advise March, 1, 1864.and consent to the ratification of the same by a resolution with amendments in the words and figures following, to wit: — In Executive Session Senate of the United States, March 1, 1864. *Resolved, * (two-thirds of the Senators present concurring,) That the Senate advise and consent to the ratification of the “Articles of a Treaty made and concluded at the Old Crossing of Red Lake River, in the State of Minnesota, on the second day of October, in the year eighteen hundred and sixty-three, between the United States of America, by their commissioners, Alexander Ramsey and Ashley C. Morrill, agent for the Chippewa Indians, and the Red Lake and Pembina Bands of Chippewas, by their chiefs, headmen, and warriors,” with the following amendments : Amendments.*Ante*, p. 44.In article 4, strike out in lines 19, 20, and 21, the following words: “and that after such damages and debts shall have been paid, the residue of the above sum shall be distributed among the chiefs.” At the end of article 4, insert the following: — " Appropriation of $100,000, how to be disposed of.*Provided, That no part of the sum of one hundred thousand dollars shall be appropriated or paid to maize compensation for damages or for the payment of any debts owing from said Indians until the said commissioner or commissioners shall report each case, with the proofs thereon, to the Secretary of the Interior, to be submitted to Congress, with his opinion thereon, for its action ; and that, after such damages and debts shall have been paid, the residue of said sum shall be added to the annuity funds of said Indians, to be divided equally upon said annuities.* " At the end of article 8, insert the following: — " No scrip to issue.Assignments, patents, &c.*Provided, That no scrip shall be issued under the provisions of this article, and no assignments shall be made of any right, title, or interest at law or in equity until a patent shall issue, and no patent shall be issued until due proof of five years’ actual residence and cultivation, as required by the act entitled “An act to secure homesteads on the public domain.”* " Attest: J. W. FORNEY, *Secretary*. AmendmentAssented to April 12, 1864.And whereas the foregoing amendments having been fully interpreted and explained to May-dwa-gua-no-nind, Mons-o-mo, Ase-e-ne-wub, Misco-muk-quah, Naw-gon-e-gwo-nabe, Que-we-zance, May-zha-ke-osh, Bwaness, Wa-bon-e-qua-osh, Te-bish-co-ge-shick, Te-besh-co-be-ness, Osh-shay-o-sick, Sa-sa-goh-cum-ick-ish-cum, Kay-tush-ke-wub-e-tung, Linge-egaun- abe, and Que-we-zance-ish, chiefs, headmen, and warriors of the Red Lake and Pembina Bands of Chippewa Indians, they did, in articles 671 supplementary to this treaty, concluded at the city of Washington, District of Columbia, on the twelfth day of April, one thousand eight hundred and sixty-four, (which articles supplementary have been duly consented to and ratified, and were proclaimed on the twenty-fifth day of April, one thousand eight hundred and sixty-four,) agree and assent to the provisions of this treaty, in an article of the following tenor: — " “Article I. The said Red Lake and Pembina bands of Chippewa Indians do hereby agree and assent to the provisions of the said treaty, concluded at the Old Crossing of Red Lake River, as amended by the Senate of the United States by resolution bearing date the first day of March, in the year eighteen hundred and sixty-four.” " Now, therefore, be it known that I, ABRAHAM LINCOLN, PresidentProclaimed by the President. of the United States of America, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the first of March, one thousand eight hundred and sixty-four, accept, ratify, and confirm the said treaty and amendments thereto. In testimony whereof, I have signed the same with my hand, and have caused the seal of the United States to be hereto affixed. Done at the city of Washington, this fifth day of May, in the yearMay 5, 1864. of our Lord one thousand eight hundred and sixty-four, and [l. s.] of the Independence of the United States the eighty-eighth. ABRAHAM LINCOLN. By the President: William H. Sewakd, *Secretary of State*. October 7, 1863 Treaty 13 Stat. 673 TREATY WITH THE TABEGUACHE INDIANS. October 7, 1863. 673 *Treaty between the United States of America and the Tabeguache Band of Utah Indians, concluded October* 7, 1863; *Ratification advised, with Amendments, by the Senate, March* 25, 1864; *Amendments assented to, October* 8, 1864; *Proclaimed by the President of the United States, December* 14, 1864. ABRAHAM LINCOLN, PRESIDENT OF THE UNITED STATES OF AMERICA, to all and singular to whom these presents shall come, greeting :October 7, 1863. Whereas a treaty was made and concluded at the Tabeguache AgencyPreamble. at Conejos, Colorado Territory, on the seventh day of October, in the year of our Lord one thousand eight hundred and sixty-three, by and between John Evans, Michael Steck, Simeon Whiteley, and Lafayette Head, commissionersContracting parties. on the part of the United States, and the hereinafter named chiefs and warriors of the Tabeguache band of Utah Indians, on the part of said band of Indians, and duly authorized thereto by them, which treaty is in the words and figures following, to wit: — Whereas the Tabeguache band of Utah Indians claim an exclusive rightBoundaries of lands, &c. to the following described country as their lands and hunting-grounds within the territory of the United States of America, being bounded and described, as follows, to wit: — " “Beginning on the 37th degree of north latitude, at the eastern base of the Sierra Madre Mountains ; running thence northerly with the base of the Rocky Mountains to the forty-first parallel of north latitude; thence west with the line of said forty-first parallel of north latitude to its intersection with the summit of the Snowy range northwest of the North Park; thence with the summit of the Snowy range southerly to the Rabbit- Ear Mountains ; thence southerly with the summit of said Rabbit-Ear range of mountains, west of the Middle Park, to the Grand River ; thence with the said Grand River to its confluence with the Gunnison River; thence with the said Gunnison River to the mouth of the Uncompahgre River; thence with the said Uncompahgre River to its source in the summit of the Snowy range, opposite the source of the Rio Grande del Norte ; thence in a right line south to the summit of the Sierra La Plata range of mountains, dividing the waters of the San Juan River from those of the Rio Grande del Norte; thence with the summit of said range southeasterly to the thirty-seventh parallel of north latitude; thence with the line of said parallel of latitude to the place of beginning :” " And whereas the said Indians, for the purpose of maintaining friendly relations with the people and government of the United States of America, and for the other considerations herein mentioned, are willing to cede a portion of said country, and to enter into the covenants and agreements herein set forth, the President of the United States of America, by John Evans, Governor of Colorado Territory, and *ex ofiicio* Superintendent of Indian Affairs for the same ; Michael Steck, Superintendent of Indian Affairs for the Territory of New Mexico; Simeon Whiteley and Lafayette Head, Indian agents, duly authorized and appointed as commissioners for the purpose, of the one part, and the undersigned chiefs and warriors of the Tabeguache band of Utah Indians, of the other part, have made and entered into the following treaty, which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties, to wit: — 674 Article I. Authority of the United States admitted. It is admitted by the Tabeguache band of Utah Indiana that they reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection. The said band also admits the right of the United States to regulate all trade and intercourse with them. Article II. Cession of lands. Said Tabeguache band of Utah Indians hereby cede, convey, and relinquish all of their claim, right, title, and interest in and to any and all of their lands within the territory of the United States, wherever situated, excepting that which is included within the following boundaries, viz.: — Boundary.Beginning at the mouth of the Uncompahgre River; thence down Gunnison River to its confluence with the Bunkara River ; thence up the Bunkara River to the Roaring Fork of the same; thence up the Roaring Fork to its source ; thence along the summit of the range dividing the waters of the Arkansas from those of the Gunnison River to its intersection with the range dividing the waters of the San Luis valley from those of the Arkansas River; thence along the summit of said range to the source of the Sandy Creek of the San Luis valley; thence down the Sandy Creek to the place where its waters sink at low water; thence in a right line to the point where the centre of the channel of the Rio Grande del Norte crosses the 106th line of longitude west from Greenwich ; thence up the centre of the main channel of the Rio Grande del Norte to the line of the 107th degree of longitude West from Greenwich; thence south along said line to the summit of the range dividing the waters of the Rio Grande del Norte from those of the San Juan River; thence along said summit westerly to a point due south of the source of the Uncompahgre River; thence to said source and down the main channel of said Uncompahgre River to its mouth, the place of beginning. Article III. Military posts, &c., may be established on lands not ceded. And it is further agreed that the United States shall have the right to establish one or more military posts, with their needful reservations, upon the lands and hunting-grounds not ceded by the Tabeguache band in this treaty; also the right to locate, construct, and, maintain railroads and other roads and highways through the same, and along the routes of United States mail lines, at suitable points, to establish and maintain stations. Mining.The right of any citizen of the United States to mine without interference or molestation in any part of the country hereby retained by said Indians, where gold or other metals or minerals may be found, is hereby Prohibition of other settlement.also conferred and guaranteed. And for all other purposes, excepting as herein stipulated, settlement by other persons than Indians is hereby prohibited. Article IV. Mohyache band of Utahs. And the said Tabeguache band hereby gives its consent that the Mohuache band of Utah Indians may also be settled with them upon the lands and hunting-grounds reserved in this treaty. Article V. Protection to be given to certain persons. And the said Tabeguache band further agrees to give safeconduct to all persons who may be legally authorized by the United States to pass through their country, and to protect in their persons and property all agents orother persons sent by the United States to reside temporarily among them. Article VI. Redress of injuries. That the friendship which is now established between the United States and the Tabeguache band of Utah Indians should not be interrupted by the misconduct of individuals, it is hereby agreed that for injuries done no private revenge or retaliation shall take place, but, instead thereof, complaints shall be made by the party injured to the superintendent or agent of Indian affairs, or other person appointed by the President. And it shall be the duty of the chiefs of said Tabeguache band, Delivery of offenders.upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished agreeably to the laws of the United States. And in like 675 manner, if any robbery, violence, or murder shall be committed on any Indian or Indians belonging to said band, the person or persons so offending shall be tried, and if found guilty, shall be punished in like manner as if the injury had been done to a white man. And it is agreed that the chiefs ofRecovery of stolen property. said Tabeguache band shall, to the utmost of their power, exert themselves to recover horses or other property which may be stolen or taken from any citizen or citizens of the United States by any individual or individuals of said band ; and the property so recovered shall be forthwith delivered to the agents or other persons authorized to receive it, that it may be restored to the proper owner. And for such property as any Indian or Indians belonging to said band may have taken from citizens of the United States which cannot be restored, payment shall be reserved from the annuitiesDeduction from annuities. which the said band is to receive, upon sufficient proof of the fact. And the United States hereby guarantee to any Indian or Indians of saidGuaranty by the United States. band a full indemnification for any horses or other property which may be stolen from them by any of their citizens : *Provided,* That the property so stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States. And the said Tabeguache band engages, on the requisition or demand of the President ofSurrender of white men. the United States, or of the agents, to deliver up any white man resident among them. Article VII. And the chiefs and warriors as aforesaid promise andMunitions of war. engage their band will never, by sale, exchange, or as presents, supply any nation or tribe of Indians, not in amity with the United States, with guns, ammunition, or other implements of war. Article VIII. For the period of ten years the said band shall receive,Annuity. annually, by such distribution as the Secretary of the Interior may direct, ten thousand dollars’ worth of goods, and also ten thousand dollars’ worth of provisions. Article IX. For the purpose of improving their breed of horses, theHorses. band shall receive five American stallions the first year after the ratification of this treaty. Article X. Each family that shall announce through its head to theDonations of stock. agent of the band a willingness and determination to begin and follow the pursuits of agriculture, by farming or raising stock and growing wool, upon such lands and according to such regulations as the Secretary of the Interior may prescribe, shall receive the following donations of stock to aid them in their endeavor to gain a livelihood by such new pursuits, viz.: Of cattle, one head annually during five years, beginning with the ratification of this treaty. Of sheep, ten head annually during the first two years after the ratification of this treaty, and five head annually during the three years thereafter. The Secretary of the Interior may also direct that their share of annuity goods and provisions shall be of a character suited to such change of life : *Provided, however,* That such stock shall only be donated as long as such family shall in good faith keep and use the same for the purpose indicated in this article. All the Indians of said band who may adopt and conform to the provisions of this article shall be protected in the quiet and peaceable possession of their said lands and property. The government also agrees to establish and maintain a blacksmithBlacksmith and shop. shop, and employ a competent blacksmith, for the purpose of repairing the guns and agricultural implements which may be used by said band of Indians. In testimony whereof, the said commissioners, as aforesaid, and the saidSignature. chiefs and warriors of the Tabeguache band of Utah Indians, have hereunto set their hands and seals, at the Tabeguache agency, at Conejos, Col- 676 orado Territory, on this the seventh day of October, in the year of our Lord one thousand eight hundred and sixty-three. JNO. EVANS, [seal.] *Gov. C. T., Supt. Ind. Affairs, and Commissioner*. M. STECK, [seal.] *Supt. Ind. Affrs. New Mex. and Commissioner*. SIMEON WHITELEY, [seal.] *U. S. Agent to the Grand River and Uintah Bands of Utah Indians and Commissioner*. LAFAYETTE HEAD, [seal.] *U. S. Ind. Agt. and Commissioner*. UN-COW-RA-GUT, or Red Color, SHA-WA-SHE-YET, or Blue Flower, COLORADO, U-RAY, or Arrow, NO-VA-VE-TU-QUAR-ET, or One that Slides under the Snow. SA-WA-WAT-SE-WICH, or Blue River, A-CA-MU-CHE-NE, or Red Wind, MU-CHU-CHOP, or Lock of Hair, SA-PATCH, or White Warm, CINCHE, or Left Hand. his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] [seal.] Witnesses to the treaty : Jno. G. Nicolay, *Secretary to the Commission*. Chas. E. Phillips, *Assist. Secretary to Commission*. J. W. Chroughton, Col. 1st Cav. of Col’do, Comd’g Dist. Samuel F. Tappan, Lieut.-Col. 1st Cav. of Colorado. Charles Kerber, Capt. 1st Cavl. of Colorado. J. P. Benesteel, Capt. 1st Cav. of Col. Interpreters: Juan V. Valdes. Bernardo Sanchez, his x mark. Amador Sanchez, his x mark. Submitted to Senate.And whereas the said treaty having been submitted to the Senate of the United States for its constitutional action thereon, the Senate did, on the twenty-fifth day of March, one thousand eight hundred and sixty-four, advise and consent to the ratification of the same by a resolution with amendments in the words and figures following, to wit: In Executive Session, Senate of the U. States, March 25, 1864. } Resolved, (two thirds of the senators present concurring,) That the Senate advise and consent to the ratification of the “Treaty concluded on the seventh day of October, eighteen hundred and sixty-three, at Conejos, Colorado Territory, between John Evans, Governor and *ex officio* Superintendent of Indian Affairs of said Territory, Michael Steck, Superintendent of Indian Affairs for the Territory of New Mexico, Simeon Whiteley and Lafayette Head, Indian agents, commissioners on the part of the United States, and the chiefs and warriors of the Tabeguache band of Utah Indians,” with the following amendments :Amendments. Page 1, line 2, of the preamble, after the word “claim” insert: *as against all other Indian tribes*. 677 Page 3, in lines 37 to 43, inclusive, strike out of the preamble the following words : “And whereas the said Indians, for the purpose of maintaining friendly relations with the people and government of the United States of America, and for the other considerations herein mentioned, are willing to cede a portion of said country, and to enter into the covenants and agreements herein set forth.” Page 5, article 2, line 5, after the word “all,” strike out the words “of their.” “ 5, “ 2, line 8, after the word “boundaries,” insert: *which are hereby reserved as their hunting-grounds*, viz.: “ 5, “ 2, line 18, strike out the word “Arkansas,” and insert in lieu thereof: *Gunnison’s Fork of the Great Colorado*. “ 5, “ 2, strike out from the word “to,” in line 20, to the word “the,” in line 33, the following words: “the source of the Sandy Creek of the San Louis valley; thence down the Sandy Creek to the place where its waters sink at low water; thence in a right line to the point where the centre of the channel of the Rio Grande del Norte crosses the 106th line of longitude west from Greenwich ; thence up the centre of the main channel of the Rio Grande del Norte to the line of the 107th degree of longitude west from Greenwich ; thence south along said line to the summit of the range dividing the waters of the Rio Grande del Norte from those of the San Juan River; thence along said summit westerly to a point due south of.” “ 6, “ 2, in line 34, after the word “thence,” strike out the word “to” and insert: *from*. “ 6, “ 2, after line 36, insert the following words : *Nothing contained in this treaty shall be construed or taken to admit on the part of the United States any other or greater title or interest in the lands above excepted and reserved in said tribe or band of Indians than existed in them upon the acquisition of said Territory from Mexico by the laws thereof*. “ 7, “ 3, line 12, strike out the words “the right of” “ 7, “ 3, line 13, strike out the word “to,” and insert: *may*, in lieu thereof. “ 7, “ 3, line 15, strike out the words “retained by,” and insert in lieu thereof the words : *reserved to*. “ 7, “ 3, after the word “found,” in line 16, strike out the following words : “is hereby also conferred and guaranteed. And for all other purposes excepting as herein stipulated, settlement by other persons than Indians is hereby prohibited.” “ 9, “ 5, line 5, strike out the word “country;” insert in lieu thereof: *reservation*. “ 11, “ 6, line 29, after the word “citizens,” insert: *or white residents*. “ 11, “ 6, line 37, after the word “citizens,” insert: *or white residents*. “ 11, “ 6, line 45, after the word “citizens,” insert: *or white residents*. “ 11, “ 6, line 49, after the word “citizen,” insert: *or white resident*. “ 15, “ 10, line 2, strike out the words “Each family,” and after the word “that ” in same line insert: *in case the chiefs of said band*. 678 Page 15, article 10, line 2, after the word “announce,” strike out the words “through its head.” “ 15, “ 10, line 3, after the word “agent,” strike out the words “of the band.” “ 15, “ 10, line 4, after word “.determination,” insert: on their part and on the part of their people. “ 15, “ 10, line 5, after the word “follow,” strike out the words “the pursuits of agriculture,” and insert in lieu thereof: *agricultural or pastoral pursuits*. “ 15, “ 10, line 7, after the word “lands,” insert: *to be selected and set apart within said reservation*. “ 15, “ 10, line 9, before the word “shall,” insert: *they*. “ 15, “ 10, line 12, after the word “cattle,” strike out the word “one,” and insert in lieu thereof: *not exceeding one hundred and fifty*. “ 15, “ 10, line 15, after the word “sheep,” strike out the word “ten,” and insert in lieu thereof: *not exceeding one thousand*. “ 15, “ 10, line 17, after the word “five,” insert: *hundred*. “ 15, “ 10, line 24, after the word “such,” strike out the word “family;” insert in lieu thereof the word : *chiefs*. “ 15, “ 10, at the end of line 26, insert the following words: *And provided, That the amount expended under this article shall not exceed ten thousand dollars annually*. Attest: J. W. FORNEY, *Secretary*, By W. Hickey, *Chief Clerk*. And whereas the foregoing amendments having been fully interpreted and explained to Un-cow-ra-gut, or Red Color, Sha-wa-she-yet, or Blue Flower, U-ray, or Arrow, Ne-va-ve-tu-quar-et, or One who Slides under the Snow, Colorado, Sa-wa-wat-se-wich, or Blue River, Can-i-yet, Camileon, or Camelion, and Nan-tos, chiefs and warriors of the Tabeguache band of Utah Indians, they did, on the eighth of October, one thousand eight hundred and sixty-four, give their free and voluntary assent to the same, in the words and figures following, to wit: — Assent to amendments.We, the undersigned, chiefs and warriors of the Tabeguache band of Utah Indians, with the concurrence of said band, do hereby give our free and voluntary assent to the foregoing amendments made by the Senate of the United States on the 25th day of March, A. D. one thousand eight hundred and sixty-four, to the treaty concluded by us with the United States, on the 7th day of October, A. D. one thousand eight hundred and sixty-three, the same having been fully explained to us in full council assembled, by John Evans, commissioner on the part of the United States, appointed for the purpose. In testimony whereof, we have hereunto set our hands and affixed our seals, respectively, at Conejos, Colorado Territory, this 8th day of October, A. D. one thousand eight hundred and sixty-four. UN-COW-RA-GUT, or Red Color, SHA-WA-SHE-YET, or Blue Flower, U-RAY, or Arrow, NE-VA-VE-TU-QUAR-ET, or One who Slides under the Snow, COLORADO, SA-WA-WAT-SE-WICH, or Blue River, CAN-I-YET, CAMILEON, or Camelion, NAN-TOS, his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] 679 Witnesses: Jno. Evans, *Com’r*. Lafayette Head, U. S. *Ind. Agt.* Simeon Whiteley. U. S. *Indian Agt.* L. B. McLain, Interpreter. his Martin x Rodriges, Interpreter. mark. Charles Kerber, Captn. Cavl. of Colorado. Geo. H. Stilwell, Adjt. 1st Cav. of Col. A. E. B. Sopris, Lt. 3d Regt. Col. Cavalry. A. Sayendorf. Wm. J. Godfroy. Now, therefore, be it known that I, ABRAHAM LINCOLN, President of the United States of America, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the 25th of March, one thousand eight hundred and sixty-four, accept, ratify, and confirmRatified. the said treaty with the amendments as aforesaid. In testimony whereof, I have signed the same with my hand, and haveProclaimed. caused the seal of the United States to be hereto affixed. Done at the city of Washington, this fourteenth day of December, in the year of our Lord one thousand eight hundred and [seal.] sixty-four, and of the Independence of the United States the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, *Secretary of State*. October 12, 1863 Treaty 13 Stat. 681 TREATY WITH THE SHOSHONEE-GOSHIP INDIANS. Oct. 12. 1863. 681 *Treaty between the United States of America and the Shoshonee-Goship Bands of Indians, concluded at Tuilla Valley, October* 12, 1863 ; *Ratification advised, with Amendment, by the Senate, March* 7, 1864 ; *Amendment assented to, November* 24, 1864; *Proclaimed by the President of the United States, January* 17, 1865. ABRAHAM LINCOLN, PRESIDENT OF THE UNITED STATES OF AMERICA, to all and singular to whom these presents shall come, greeting :October 12, 1863. Whereas a treaty was made and concluded at Tuilla Valley, in the TerritoryPreamble. of Utah, on the twelfth day of October, in the year of our Lord one thousand eight hundred and sixty-three, by and between James Duane Doty and P. Edward Connor, Commissioners, on the part of the United States, and the hereinafter-named chiefs, principal men, and warriors of the Shoshonee-Goship bands of Indians, on the part of said bands of Indians, and duly authorized thereto by them, which treaty is in the words and figures following, to wit: — Treaty of peace and friendship made at Tuilla Valley, in the Territory ofContracting parties. Utah, this twelfth day of October, A. D. one thousand eight hundred and sixty-three, between the United States of America, represented by the undersigned, Commissioners, and the Shoshonee-Goship bands of Indians, represented by their chiefs, principal men, and warriors, as follows: Article I. Peace and friendship is hereby established and shall bePeace and friendship. hereafter maintained between the Shoshonee-Goship bands of Indians and the citizens and government of the United States ; and the said bands stipulate and agree that hostilities and all depredations upon the emigrant trains, the mail and telegraph lines, and upon the citizens of the United States, within their country, shall cease. Article II. It is further stipulated by said bands that the severalRoutes through their country to be free and peaceful. routes of travel through their country now or hereafter used by white men shall be forever free and unobstructed by them, for the use of the government of the United States, and of all emigrants and travellers within it under its authority and protection, without molestation or injury from them. And if depredations are at any time committed by bad men of their own or other tribes within their country, the offenders shall be immediately taken and delivered up to the proper officers of the UnitedSurrender of offenders. States, to be punished as their offences may deserve; and the safety of all travellers passing peaceably over either of said routes is hereby guaranteed by said bands. Military posts may be established by the President of the UnitedMilitary posts and stationhouses. States along said routes, or elsewhere in their country ; and station-houses may be erected and occupied at such points as may be necessary for the comfort and convenience of travellers, or for the use of the mail or telegraph companies. Article III. The telegraph and overland stage lines having been establishedTelegraph and overland stage lines. and operated by companies under the authority of the United States through the country occupied by said bands, it is expressly agreed that the same may be continued without hindrance, molestation, or injury 682 from the people of said bands, and that their property, and the lives and property of passengers in the stages, and of the employees of the respective companies, shall be protected by them. Bailway and branches.And further, it being understood that provision has been made by the government of the United States for the construction of a railway from the plains west to the Pacific Ocean, it is stipulated by said bands that the said railway or its branches may be located, constructed, and operated, and without molestation from them, through any portion of the country claimed or occupied by them. Article IV. Mines, mills, and ranchos. It is further agreed by the parties hereto that the country of the Goship tribe may be explored and prospected for gold and silver, or other minerals and metals ; and when mines are discovered they may be worked, and mining and agricultural settlements formed and ranchos established wherever they may.be required. Mills maybe erected and Timber.timber taken for their use, as also for building and other purposes, in any part of said country. Article V. Boundaries. It is understood that the boundaries of the country claimed and occupied by the Goship tribe, as defined and described by said bands, are as follows : On the north by the middle of the Great Desert; on the west by Steptoe Valley; on the south by Tooedoe, or Green Mountains; and on the east by Great Salt Lake, Tuilla and Rush valleys. Article VI. Reservations. The said bands agree that whenever the President of the United States shall deem it expedient for them to abandon the roaming life which they now lead, and become settled as herdsmen or agriculturists, he is hereby authorized to make such reservations for their use as he may Residence thereon.deem necessary; and they do also agree to remove their camps to such reservations as he may indicate, and to reside and remain thereon. Article VII. Annuities. The United States being aware of the inconvenience resulting to the Indians, in consequence of the driving away and destruction of game along the routes travelled by white men, and by the formation of agricultural and mining settlements, are willing to fairly compensate them for the same. Therefore, and in consideration of the preceding stipulations, and of their faithful observance by said bands, the United States promise and agree to pay to the said Goship tribe, or to the said bands, parties hereto, at the option of the President of the United States, annually, for the term of twenty years, the sum of one thousand dollars, Cattle.in such articles, including cattle for herding or other purposes, as the President shall deem suitable for their wants and condition either as hunters or herdsmen. And the said bands, for themselves and for their tribe, Receipt.hereby acknowledge the reception of the said stipulated annuities as a full compensation and equivalent for the loss of game and the rights and privileges hereby conceded; and also one thousand dollars in provisions and goods at and before the signing of this treaty. JAMES DUANE DOTY, *Commissioner*. P. EDW. CONNOR, *Brig.-Genl. U. S. Vols., Comd’g Dist. of Utah*. TABBY, ADASEIM, TINTSA-PA-GIN, HARRAY-NUP, his x mark. his x mark. his x mark. his x mark. Witnesses: — Amos Reed. Chas. H. Hempstead, *Capt. and Chief Commissary Dist. of Utah.* William Lee, *Interpreter.* Jos. A. Gebon, *Interpreter*. Submitted to the Senate.And whereas the said treaty having been submitted to the Senate of the United States for its constitutional action thereon, the Senate did, on the 683 seventh day of March, one thousand eight hundred and sixty-four, advise and consent to the ratification of the same by a resolution, with an amendment, in the words and figures following, to wit: — In Executive Session, Senate of the United States, March 7, 1864. } Resolved, (two thirds of the senators present concurring,) That theAmendment. Senate advise and consent to the ratification of the “Treaty of peace and friendship, made at Tuilla Valley, in the Territory of Utah, *this* [the] twelfth day of October, A.D. one thousand eight hundred and sixtythree, between the United States of America, represented by their commissioners, and the Shoshonee-Goship bands of Indians, represented by their chiefs, principal men, and warriors,” with the following amendment. At the end of article 7, insert a new article, as follows: — " Article VIII. Nothing herein contained shall be construed or taken to admit any other or greater title or interest in the lands embraced within the territories described in said treaty in said tribes or bands of Indians than existed in them upon the acquisition of said territories from Mexico by the laws thereof. Attest: J. W. Forney, *Secretary*. " And whereas the foregoing amendment having been fully interpretedAmendment assented to. and explained to Tabby, Adaseim, Tintsa-pa-gin, and Dick Moni, chiefs, principal men, and warriors of the Shoshonee-Goship bands of Indians, they did, on the twenty-fourth day of November, one thousand eight hundred and sixty-four, give their free and voluntary assent to the same, in the words and figures following, to wit: — Whereas a treaty of peace and friendship was made and concluded at Tuilla Valley, in the Territory of Utah, on the 12th day of October, A. D. one thousand eight hundred and sixty-three, between the United States of America, represented by their Commissioner, James Duane Doty, and Brigadier-General P. Edward Connor, and the Shoshonee-Goship bands of Indians, represented by their chiefs, principal men, and warriors; which treaty was ratified by the Senate of the United States on the 7th day of March, 1864, with the following amendment: — " “Article VIII. Nothing herein contained shall be construed or taken to admit any other or greater title or interest in the lands embraced within the territories described in said treaty in said tribes or bands of Indians than existed in them upon the acquisition of said territories from Mexico by the laws thereof: ” " Now, the said amendment having been, this 24th day of November, A. D. 1864, at a council held with the said chiefs, principal men, and warriors, at Tuilla Valley, under the instructions of the President of the United States, submitted to the said chiefs, principal men, and warriors, for their consideration and acceptance, and the same having been read, and fully interpreted to them in their own language, the said chiefs, and principal men, and warriors, for themselves and for the Shoshonee-Goship bands of Indians, do hereby agree, and consent to the said amendment to the said treaty; and do stipulate that the same shall be and hereby is accepted and adopted as one of the articles thereof, and forever binding upon them and their said nation. In witness whereof the said Commissioner and the Superintendent ofSignatures. Indian Affairs in the Territory of Utah, on the part of the United States, and the said chiefs, principal men, and warriors, on the part of the Sho- 684 shonee-Goship bands of Indians, have hereunto set their hands this twentyfourth day of November, A. D. one thousand eight hundred and sixty-four. JAMES DUANE DOTY, *Commissioner*. O. H. IRISH, *Supt. Indian Affairs*. TABBY, ADASEIM, TINTSA-PA-GIN, DICK MONI, his x mark. his x mark. his x mark. his x mark. Witnesses: — Amos Reed, *Secretary of Utah Territory*. D. B. Huntington, *U S. Interpreter*. William Lee, *Special Interpreter*. Proclaimed.Now, therefore, be it known, that I, ABRAHAM LINCOLN, President of the United States of America, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the seventh of March, one thousand eight hundred and sixty-four, accept, ratify, and confirm the said treaty, with the amendment, as aforesaid. In testimony whereof, I have signed the same with my hand, and have caused the seal of the United States to be hereto affixed. Done at the city of Washington, this seventeenth day of January, in the year of our Lord one thousand eight hundred and sixty- [seal.] five, and of the Independence of the United States the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, *Secretary of State*. Feb. 10, 1864 Convention 13 Stat. 685 CONVENTION WITH COLOMBIA, February 10. 1864. 685 *Convention between the United States of America and the United States of Colombia; Dated at Washington, February* 10, 1864; *Ratified by the President of the United States of America, July* 9, 1864; *Exchanged at Washington, August* 19, 1865 ; *Proclaimed by the President of the United States of America, August* 19, 1865. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. Feb. 10, 1864. A PROCLAMATION. Whereas a convention between the United States of America andPreamble. the United States of Colombia was concluded and signed by their respective plenipotentiaries, at the city of Washington, on the tenth day of February, in the year of our Lord one thousand eight hundred and sixtyfour, supplemental to that of the tenth of September, eighteen hundred and fifty-seven, which convention, being in the English and Spanish languages, is, word for word, as follows : — Whereas a convention for the adjustment of claims was concluded between the United States of America and the Republic of New Granada, in the city of Washington, on the 10th September, 1857, which convention, as afterwards 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 commission aforesaid, and to this end have named plenipotentiaries to agree upon the best mode 686 of accomplishing this object — that is to say, the President of the United States of America, William H. Seward, Secretary of State of the United States of America, and the President of the United States of Colombia, Señor 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. Time for termination of commission extended.The high contracting parties agree that the time limited in the convention 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 provisions of the convention above referred to; and that the contracting parties shall appoint Commissioners.commissioners anew, and an umpire Umpire.shall be chosen anew, in the manner, and with the duties and powers respectively expressed in the said former convention. article ii. Ratifications, when to be exchanged.The present convention shall be ratified and the ratifications shall be exchanged at Washington as soon as possible. In witness whereof the respective Signatures.plenipotentiaries have signed the same, and have hereunto affixed their seals. Done at Washington this tenth day of February, in the year of our Lord one thousand eight hundred and sixty-four. WM. H. SEWARD. [l. s.] M. MURILLO. [l. s.] Pór cuanto una convencion paraContracting parties. el arreglo de reclamaciones se celebró entre la República de la Nueva Granada i los Estados Unidos de América, en la ciudad de Washington, el 10 de Setiembre, de 1857, cuya convencion, como se enmendó despues por las partes contratantes, fue proclamada por el Presidente de los Estados Unidos el 8 de Noviembre de 1860 ; I por cuanto la comision mixta organizada de acuerdo con la autorizacion conferido por la convencion ya mencionada, dejó de decidir, por circunstancias insuperables, las reclamaciones que se le presentaron segun sus disposiciones, dentro del término á que sus procedimientos estaban limitados por el articulo 4º de la misma; I por cuanto los Estados Unidos de Colombia, que representan la estinguida República de la Nueva Granada, i los Estados Unidos de América, desean que se estienda el tiempo que se fijo originalmente para la duracion de la comision, para que pueda admitir el examen i la decision de aquellas reclamaciones que se presentaron á la comision mixta ya mencionada, pero que no feuron decididas par ella, han nombrado conPlenipotentiaries. este objeto plenipotenciarios para que 686 convengan en el mejor medio de llevario á cabo, á saber, el Presidente de los Estados Unidos de Colombia al Señor Manuel Murillo, Enviado Estraordinario i Ministro Plenipotenoiario de los Estados Unidos de Colombia, i el Presidente de los Estados Unidos de América á William H. Seward, Secretario de Estado de los Estados Unidos de América ; Quienes, despues de cambiar sus plenos poderes, han convenido en lo siguiente: — articulo iº. Las alias partes contratantes convienen en que el tiempo limitado en la convention ya mencionada para la termination de la comision, se estienda por un periodo que no sea mayor de nueve meses, contados desde el canje de las ratificaciones de esta convention, bien entendido que nada de lo contenido en este artículo de ninguna manera altera las disposiciones de la convention ya mencionada; i que las partes contratantes nombrarán de nuevo comisionados, i un arbitro se elejirá tambien de nuevo, en los términos, i con los deberes i los poderes que se espresan respectivamente en dicha convention anterior. articulo iiº. La presente convention será ratificada, i las ratificaciones serán canjeadas en Washington tan pronto como sea posible. En testimonio de lo cual, los respectivos plenipotentiaries hemos firmado esta convention, i sellado con nuestros sellos. Hecha en Washington, el décimo dia de Febrero del año del Señor mil ochocientos sesenta i cuatro. M. MURILLO. [l. s.] WM. H. SEWARD. [l. s.] And whereas the said convention has been duly ratified on both parts, Ratifications exchanged.and the respective ratifications of the same were exchanged in the city of Washington on this day, by William Hunter, Acting Secretary of State of the United States, and Eustorjio Salgar, Envoy Extraordinary and Minister Plenipotentiary of the United States of Colombia, on the part of their respective governments: Now, therefore, be it known, that I, ANDREW JOHNSON, Presi- 687 dent of the United States of America, have caused the said convention to be made public, to the end that the same, and every clause and articleProclaimed. thereof, may be observed and fulfilled with good faith by the United States of America and the citizens thereof. In witness whereof, I have hereunto set my hand, and caused the seal of the United States of America to be affixed. Done at the city of Washington, this nineteenth day of August, in the year of our Lord one thousand eight hundred and sixty-five, [l. s.] and of the Independence of the United States of America the ninetieth. ANDREW JOHNSON. By the President William H. Seward, *Secretary of State*. April 12, 1864 Treaty 13 Stat. 689 TREATY WITH THE CHIPPEWA INDIANS. April 12, 1864. 689 *Supplementary Articles to the Treaty between the United States and the Red Lake and Pembina Bands of Chippewa Indians, concluded at Washington, April* 12, 1864; *ratified by the Senate April* 21, 1864; *proclaimed by the President of the United States April* 25, 1864. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. to all and singular to whom these presents shall come, greeting :April 12, 1864. Whereas a treaty was made and concluded at the city of Washington,Preamble. in the District of Columbia, on the twelfth day of April, in the year of our Lord one thousand eight hundred and sixty-four, by and between Clark W. Thompson and Ashley C. Morrill, Commissioners, on the part of the United States, and the hereinafter-named Chiefs, Headmen, and Warriors of the Red Lake and Pembina bands of Chippewa Indians, on behalf of and duly authorized thereto by said bands, which treaty is in the words and figures following, to wit: — Articles Supplementary to the treaty made and concluded at the OldSupplementary articles. Crossing of Red Lake River, in the State of Minnesota, on the second day of October, in the year eighteen hundred and sixty-three, between the United States of America, by their commissioners, Clark W. Thompson and Ashley C. Morrill, and the Red Lake and Pembina bands of Chippewa Indians, by their chiefs, headmen, and warriors,Contracting parties. concluded at the city of Washington, District of Columbia, on the twelfth day of April, in the year eighteen hundred and sixty-four, between the United States, by the said commissioners, of the one part, and the said bands of Chippewa Indians, by their chiefs, headmen, and warriors, of the other part. Article I. The said Red Lake and Pembina bands of ChippewaAssent to treaty of October 2, 1863, as amended. Indians do hereby agree and assent to the provisions of the said treaty, concluded at the Old Crossing of Red Lake River, as amended by the Senate of the United States by resolution bearing date the first day of March, in the year eighteen hundred and sixty-four. Article II. In consideration of the cession made by said treaty,Payment in lieu of annuity by former treaty. concluded at the Old Crossing of Red Lake River, and in lieu of the annuity payment provided for by the third article of said last-mentioned treaty, the United States will pay annually, during the pleasure of the*Ante*, p. 44. President of the United States, to the Red Lake band of Chippewas the sum of ten thousand dollars, and to the Pembina band of Chippewas the sum of five thousand dollars, which said sums shall be distributed to the members of said bands, respectively, in equal amounts per capita, for which purpose an accurate enumeration and enrollment of the members of the respective bands shall be made by the officers of the United States. Article III. The United States will also expend annually, for theAnnual expenditures for blankets, provisions, &c. period of fifteen years, for the Red Lake band of Chippewas, for the purpose of supplying them with gilling twine, cotton mater, calico, linsey, 690 blankets, sheeting, flannels, provisions, farming-tools, and for such other useful articles, and for such other useful purposes as may be deemed for their best interests, the sum of eight thousand dollars; and will expend in like manner, and for a like period, and for like purposes, for the Pembina band of Chippewas, the sum of four thousand dollars. Article IV. Blacksmith, physician, miller, farmer, iron, steel, &c. The United States also agree to furnish said bands of Indians, for the period of fifteen years, one blacksmith, one physician, one miller, and one farmer; and will also furnish them annually, during the same period, with fifteen hundred dollars’ worth of iron, steel, and other articles for blacksmithing purposes, and one thousand dollars for carpentering, and other purposes. Article V. Saw-mill and millstones. The United States also agree to furnish for said Indians at some suitable point, to be determined by the Secretary of the Interior, a saw-mill with a run of millstones attached. Article VI. Modification of article iv. of former treaty. It is further agreed, by and between the parties hereto, that article four of the said treaty, concluded at the Old Crossing of Red Lake River, and the amendment to said article, shall be modified as follows : that is to say, twenty-five thousand dollars of the amount thereby stipulated shall be paid to the chiefs of said bands, through their agent, upon the ratification of these articles, or so .soon thereafter as practicable, to enable them to purchase provisions and clothing, presents to be distributed to their people upon their return to their homes ; of which amount five thousand dollars shall be expended for the benefit of their chief, May-dwa-gwa-no-nind; and that from the remaining seventy-five thousand dollars the claims of injured parties for depredations committed by said Indians on the goods of certain British and American traders at the mouth of Red Lake River, and for exactions forcibly levied by them on the proprietors of the steamboat plying on the Red River, shall have priority of payment, and be paid in full, and the remainder thereof shall be paid pro rata upon the debts of said tribe incurred since the first day of January, in the year eighteen hundred and fifty-nine, to be ascertained by their agent in connection with the chiefs, in lieu of the commissioner or commissioners provided for in the fourth article of said treaty concluded at the Old Crossing of Red Lake River. Article VII. Scrip to issue to mixed bloods in lieu of lands. It is further agreed by the parties hereto, that, in lieu of the lands provided for the mixed bloods by article eight of said treaty concluded at the Old Crossing of Red Lake River, scrip shall *Ante*, p. 44.be issued to such of said mixed bloods as shall so elect, which shall entitle the holder to a like amount of land, and may be located upon any of the lands ceded by said treaty, but not elsewhere, and shall be accepted by said mixed bloods in lieu of all future claims for annuities. Signature.In testimony whereof, the said commissioners, on behalf of the United States, and the said chiefs, headmen, and war[r]iors, on behalf of the Red Lake and Pembina bands of Chippewa Indians, have hereunto affixed April 12, 1864.their hands and seals this twelfth day of April, in the year eighteen bun dred and sixty-four. CLARK W. THOMPSON, [seal.] ASHLEY C. MORRILL, [seal.] *Commissioners*. Principal Red Lake chief, MAY-DWA-GUA-NO-NIND, (He that is spoken to,) Red Lake chief, MONS-O-MO, (Moose-dung,) Red Lake chief ASE-E-NE-WUB, (Little Rock,) Principal Pembina chief, MIS-CO-MUK-QUAH, (Red Bear,) his x mark. [seal.] his x mark. [seal.] his x mark. [seal.] his x mark. [seal.] 691 Red Lake headman, NAW-GON-E-GWO-NABE, (Leading Feather,) Red Lake war[r]ior, QUE-WE-ZANCE, (The Boy,) Red Lake headman, MAY-ZHA-KE-OSH, (Dropping Wind,) Red Lake headman, BWA-NESS, (Little Shoe,) Red Lake headman, WA-BON-E-QUA-OSH, (White Hair,) Pembina headman, TE-BISH-CO-GE-SHICK, (Equal Sky,) Red Lake warrior, TE-BESH-CO-BE-NESS, (Straight Bird,) Red Lake warrior, OSH-SHAY-O-SICK, (no interpretation,) Red Lake warrior, SA-SA-GOH-CUM-ICK-ISH-CUM, (He that makes the ground tremble,) Red Lake warrior, KAY-TUSH-KE-WUB-E-TUNG, (no interpretation,) Pembina warrior, I-INGE-E-GAUN-ABE, (Wants Feathers,) Red Lake warrior, QUE-WE-ZANCE-ISH, (Bad Boy,) his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] his x mark, [seal.] Signed in presence of — P. H. Beaulieu, *Special Interpreter*. J. G. Morrison, “ “ Peter Roy, “ “ T. A. Warren, *U S. Interpreter*. Chas. E. Gardell. Charles Botteneau. And, whereas, the said treaty having been submitted to the Senate ofRatification, April 21, 1864. the United States for its constitutional action thereon, the Senate did, on the twenty-first day of April, one thousand eight hundred and sixty-four, advise and consent to the ratification of the same by a resolution in the words and figures following, to wit: — In Executive Session, Senate of the United States, April 21, 1864. } Resolved, (two thirds of the senators present concurring.) That the Senate advise and consent to the ratification of “The articles supplementary to the treaty made and concluded at the Old Crossing of the Red Lake River, in the State of Minnesota, on the 2d day of October, in the year 1863, between the United States of America, by their commissioners, Clark W. Thompson and Ashley C. Morrill, and the Red Lake and Pembina bands of Chippewa Indians, by their chiefs, headmen, and warriors, concluded at the city of Washington, District of Columbia, on the 12th day of April, in the year 1864, between the United States, by the said commissioners, of the one part, and the said bands of Chippewa Indians, by their chiefs, headmen, and warriors, of the other part.” Attest: J. W. FORNEY, *Secretary*. Now, therefore, be it known that I, ABRAHAM LINCOLN, PresidentProclaimed by the President, April 25, 1864. of the United States of America, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the twenty-first of April, one thousand eight hundred and sixty-four, accept, ratify, and confirm the said treaty. 692 In testimony whereof, I have signed the same with my hand, and have caused the seal of the United States to be hereto affixed. Done at the city of Washington, this twenty-fifth day of April, [l. s.] in the year of our Lord one thousand eight hundred and sixty-four. ABRAHAM LINCOLN. By the President: William H. Seward, *Secretary of State*. May 7, 1864 Treaty 13 Stat. 693 TREATY WITH THE CHIPPEWA INDIANS. May 7, 1864. 693 *Treaty between the United States of America and the Chippewas of the Mississippi and Pillager and Lake Winnebagoshish Bands of Chippewa Indians in Minnesota, concluded May* 7, 1864; *Ratification advised, with an Amendment, by the Senate, February* 9, 1865 ; *Amendment assented to, February* 14, 1865 ; *Proclaimed by the President of the United States, March* 20, 1865. ABRAHAM LINCOLN, PRESIDENT OF THE UNITED STATES OF AMERICA, to all and singular to whom these presents shall come, greeting :May 7, 1864. Whereas a treaty was made and concluded at the City of Washington,Preamble. in the District of Columbia, on the seventh day of May, in the year of our Lord one thousand eight hundred and sixty-four, by and between William P. Dole, Commissioner of Indian Affairs, and Clark W. Thompson, Superintendent of Indian Affairs for the northern superintendency, on the part of the United States, and the Chippewa chief Que-we-zance, or Hole-in-the-day, and Mis-qua-dace, or Turtle, on the part of the Chippewas of the Mississippi, and Pillager and Lake Winnebagoshish bands of Chippewa Indians in Minnesota, and duly authorized thereto by them, which treaty is in the words and figures following, to wit: — Articles of agreement and convention made and concluded at the City ofContracting parties. Washington this seventh day of May, A. D. 1864, between William P. Dole, Commissioner of Indian Affairs, and Clark W. Thompson, Superintendent of Indian Affairs for the northern superintendency, on the part of the United States, and the Chippewa chief Hole-in-the-day, and Mis-qua-dace, for and on behalf of the Chippewas of the Mississippi, and Pillager and Lake Winnebagoshish bands of Chippewa Indians in Minnesota. Article I. The reservations known as Gull Lake, Mille Lac, SandyGull lake and other reservations ceded to the United States, except, &c.Vol. x. p. 1165. Lake, Rabbit Lake, Pokagomin Lake, and Rice Lake, as described in the second clause of the second article of the treaty with the Chippewas of the twenty-second of February, 1855, are hereby ceded to the United States, excepting one half-section of land, including the mission buildings at Gull Lake, which is hereby granted in fee simple to the ReverendGrant to John Johnson. John Johnson, missionary, and one section of land, to be located by the Secretary of the Interior, on the southeast side of Gull Lake, and which is hereby granted in fee simple to the chief Hole-in-the-day, and a sectionHole-in-theday.Mis-qua-dace.Shaw-voshkung. to chief Mis-qua-dace, at Sandy Lake, in like manner, and one section to chief Shaw-vosh-kung, at Mille Lac in like manner. Article II. In consideration of the foregoing cession, the United States agree to set apart for the future home of the Chippewas of the Mississippi,Reservation for the Chippewas of the Mississippi. all the lands embraced within the following described boundaries, excepting the reservations made and described in the third clause of the second article of the said treaty of February 22d, 1855, for the Pillager and Lake Winnebagoshish bands ; that is to say, beginning at a point oneBoundaries. mile south of the most southerly point of Leach Lake, and running thence in an easterly course to a point one mile south of the most southerly point 694 of Goose Lake, thence due east to a point due south from the intersection of the Pokagomin reservation and the Mississippi River, thence on the dividing line between Deer River and lakes and Mashkordens River and lakes, until a point is reached north of the first-named river and lakes ; thence in a direct line northwesterly to the outlet of Two Routs Lake, then in a southwesterly direction to Turtle Lake, thence southwesterly to the head water of Rice River, thence northwesterly along the line of the Red Lake reservation to the mouth of Thief River, thence down the centre of the main channel of Red Lake River to a point opposite the mouth of Black River, thence southeasterly in a direct line with the outlet of Rice Lake to a point due west from the place of beginning, thence to the place of beginning. Article III. In consideration of the foregoing cession to the United States, and the valuable improvements thereon, the United States further Annuities to be extended for ten years.Payments towards settlement for depredations, and to the chiefs.agree, first, to extend the present annuities of the Indians, parties to this treaty, for ten years beyond the periods respectively named in existing treaties ; second, and to pay towards the settlement of the claims for depredations committed by said Indians in 1862, the sum of twenty thousand dollars; third, to the chiefs of the Chippewas of the Mississippi, ten thousand dollars, to be paid upon the ratification of this treaty; and five thousand dollars to the chief Hole-in-the-day, for depredations committed in burning his house and furniture in 1862. Article IV. Payments for clearing, &c., lots in reservation. The United States further agree to pay seven thousand five hundred ($7,500) dollars for clearing, stumping, grubbing, breaking, and planting, on the reservation hereby set apart for the Chippewas of the Mississippi, in lots of not less than ten acres each, at such point or See Art. xiv.points as the Secretary of the Interior may select, as follows, viz: For the Gull Lake band, seventy
(70)acres; for the Mille Lac band, seventy
(70)acres; for the Sandy Lake band, fifty
(50)acres; for the Pokagomin band, fifty
(50)acres; for the Rabbit Lake band, forty
(40)acres ; for the Rice Lake band, twenty
(20)acres; and to expend five thousand Houses for chiefs.dollars ($5,000) in building for the chiefs of said bands one house each, under the direction of the Secretary of the Interior. Article V. Oxen, ploughs, and agricultural implements to be furnished. The United States agree to furnish to said Indians, parties to this treaty, ten
(10)yoke of good steady work oxen, and twenty log chains annually for ten years, provided the Indians shall take proper care of and make proper use of the same; also for the same period annually two hundred
(200)grubbing hoes, ten
(10)ploughs, ten
(10)grindstones, one hundred
(100)axes, handled, not to exceed in weight three and one half pounds each, twenty
(20)spades, and other farming implements, provided it shall not amount to more than fifteen hundred Carpenter’s, blacksmiths, laborers, and physician.dollars in one year; also two carpenters, and two blacksmiths, and four farm laborers, and one physician. Article VI. The United States further agree to pay annually one Saw-mill.thousand dollars ($1000) towards the support of a saw-mill to be built for the common use of the Chippewas of the Mississippi and the Red Lake and Pembina bands of Chippewa Indians, so long as the President of the Road, bridges, &c.United States may deem it necessary ; and to expend in building a road, bridges, &c., to their new agency seven thousand five hundred dollars Buildings.($7,500) ; and to expend for new agency buildings to be located by the Secretary of the Interior for the common use of the Chippewas of the Mississippi, Red Lake, and Pembina, and Pillager and Lake Winnebagoshish bands of Chippewa Indians, twenty-five thousand dollars ($25,000). Article VII. Board of visitors to be present at annuity payments. make inspection, and report annually. There shall be a board of visitors to consist of not less than two nor more than five persons, to be selected from such Christian denomination or denominations as the chiefs in council may designate, whose duty it shall be to be present at all annuity payments to the Indians, whether of goods, moneys, provisions, or other articles, and to inspect the fields, buildings, mills, and other improvements made or to be 695 made, and to report annually thereon, on or before the first day of November ; and also as to the qualifications and moral deportment of all persons residing upon the reservation under the sanction of law or regulation, and they shall receive for their services five dollars per day for thePay. time actually employed, and ten cents per mile for travelling expenses; provided that no one shall be paid in any one year for more than twenty days’ service, or for more than three hundred miles’ travel. Article VIII. No person shall be recognized as a chief whose bandChiefs with bands of less than fifty not to be recognized. numbers less than fifty persons ; and to encourage and aid the said chiefs in preserving order, and inducing by their example and advice the members of their respective bands to adopt the pursuits of civilized life, there shall be paid to each of said chiefs annually out of the annuities of saidGratuities. bands a sum not exceeding one hundred and fifty dollars ($150), to be determined by their agent according to their respective merits. Article IX. To improve the morals and industrial habits of said Indians,Agents, teachers, &c., to have families. it is agreed that no agent, teacher, interpreter, trader, or other employees shall be employed, appointed, licensed, or permitted to reside within the reservations belonging to the Indians, parties to this treaty, missionaries excepted, who shall not have a family residing with them at their respective places of employment or trade within the agency, whose moral habits and fitness shall be reported upon annually by the board of visitors ; and no person of full or mixed blood, educated or partially educated,Improper persons not to have benefits of treaties. whose fitness, morally or otherwise, is not conducive to the welfare of said Indians, shall receive any benefit from this or any former treaties, and may be expelled from the reservation. Article X. All annuities under this or former treaties shall be paidPayment of annuities. as the chiefs in council may request, with the approval of the Secretary of the Interior, until otherwise altered or amended, which shall be done whenever the board of visitors, by the requests of the chiefs, may recommend it; provided that no change shall take place oftener than once in two years. Article XI. Whenever the services of laborers are required uponPreference given to full or mixed bloods as laborers. the reservation, preference shall be given to full or mixed bloods, if they shall be found competent to perform them. Article XII. It shall not be obligatory upon the Indians, parties toIndians not to remove from present reservations, until, &c. this treaty, to remove from their present reservations until the United States shall have first complied with the stipulations of Articles IV. and VI. of this treaty, when the United States shall furnish them with all necessary transportation and subsistence to their new homes and subsistenceSee Amendment, p. 88. for six months thereafter: *Provided,* That, owing to the heretofore good conduct of the Mille Lac Indians, they shall not be compelled to remove so long as they shall not in any way interfere with or in any manner molest the persons or property of the whites. Article XIII. Female members of the family of any governmentCertain females may be paid as teachers. employe[e] residing on the reservation, who shall teach Indian girls domestic economy, shall be allowed and paid a sum not exceeding ten dollars per month while so engaged: *Provided,* That not more than oneProviso. thousand dollars shall be so expended during any one year, and that the President of the United States may suspend or annul this article whenever he may deem it expedient to do so. Article XIV. It is distinctly understood and agreed that the clearingProvision for clearing, &c., lands to be in lieu of former provisos. and breaking of land for the Chippewas of the Mississippi, as provided for in the fourth article of this treaty, shall be in lieu of all former engagements of the United States as to the breaking of lands for those bands, and that this treaty is in lieu of the treaty made by the sameVol. xii. p. 1249. tribes, approved March 11th, 1863. In testimony whereof the said Wm. P. Dole and Clark W. Thompson,Signature. on behalf of the United States, and Chippewa chiefs, Hole-in-the-day and Mis-qua-dace, on behalf of Indians parties to this treaty, have here- 696 unto set their hands and affixed their seals this seventh day of May, A. D one thousand eight hundred and sixty-four. W. P. DOLE, *Commr. Ind. Affairs.* CLARK W. THOMPSON, *Supt. Ind. Affairs.* QUE-ZE-ZANCE, or HOLE-IN-THE-DAY, MIS-QUA-DACE, or TURTLE, his x mark. [seal] [seal] his x mark. [seal] [seal] Signed in presence of Peter Roy, *Special Interpreter*. Benjn. Thompson. Ratified by the Senate with amendment.And whereas the said treaty having been submitted to the Senate of the United States for its constitutional action thereon, the Senate did, on the ninth day of February, one thousand eight hundred and sixty-five, advise and consent to the ratification of the same, with an amendment, in the words and figures following, to wit: — In Executive Session, Senate of the United States, Washington February 9, 1865. } Resolved, (two thirds of the senators present concurring,) That the Senate advise and consent to the ratification of the articles of agreement and convention made and concluded at the City of Washington *this* [the] seventh day of *March*, [May,] A. D. 1864, between Wm. P. Dole, Commissioner of Indian Affairs, and Clark W. Thompson, Superintendent of Indian Affairs for the northern superintendency, on the part of the United States, and the Chippewa chief [s], Hole-in-the-day and Mis-qua-dace, for and on behalf of the Chippewas of the Mississippi, Pillager, and Lake Winnebagoshish bands of Chippewa Indians in Minnesota with the following amendment.Amendment. Add to article twelve the following proviso : — " *Provided,* That those of the tribe residing on the Sandy Lake reservation shall not be removed until the President shall so direct. " Attest: J. W. Forney, *Secretary*. And whereas the foregoing amendment having been fully interpreted and explained to Que-we-zance, or Hole-in-the-day, he did, in behalf of the Indians concerned, on the fourteenth day of February, one thousand Amendment assented to.eight hundred and sixty-five, give his free and voluntary assent to the same, in the words and figures following, to wit: — Washington City, D. C. February 14th, 1865. } The amendment to Article XII. of the foregoing treaty, in the following words, viz: — “*Provided,* That those of the tribe residing on the Sandy Lake reservation shall not be removed until the President shall so direct,” having been made at my instance, I, in behalf of the Indians concerned, do hereby assent thereto. QUE-WE-ZANCE, or HOLE-IN-THE-DAY, his x mark. Signed in presence of Ashton S. H. White, Charles E. Mix, Paul H. Beaulieu, *Interpreter*, Peter Roy, “ 697 Now, therefore, be it known, that I, ABRAHAM LINCOLN, PresidentProclaimed. of the United States of America, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the ninth of February, one thousand eight hundred and sixty-five, accept, ratify, and confirm the said treaty, with the amendment, as aforesaid. In testimony whereof, I have signed the same with my hand, and have caused the seal of the United States to be hereto affixed. Done at the city of Washington, this twentieth day of March, in the year of our Lord one thousand eight hundred and sixty- [seal] five, and of the Independence of the United States the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, *Secretary of State*, July 4, 1864 Treaty 13 Stat. 699 TREATY WITH HONDURAS, July 4, 1864 699 *Treaty between the United States of America and the Republic of Honduras ; Concluded at Comayagua, July* 4, 1864; *Ratified by the President of the United States, March* 9, 1865 ; *Ratifications exchanged at Tequciqalpa, May* 5, 1865 ; *Proclaimed bu the President of the United States, May* 30, 1865. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. July 4, 1864. A PROCLAMATION. Whereas a treaty of friendship, commerce, and navigation betweenPreamble. the United States of America and the Republic of Honduras was concluded and signed by their respective plenipotentiaries at Comayagua, on the fourth day of July, one thousand eight hundred and sixty-four, which treaty, being in the English and Spanish languages, is, word for word, as follows : — *Treaty of friendship, commerce, and navigation, between the United States of America and the Republic of Honduras.* Commercial intercourse having been for some time established between the United States and the Republic 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 subsisting between them should be regularly acknowledged and confirmed by the signature of a treaty of amity, commerce, and navigation. For this purpose they have named their respective plenipotentiaries, that is to say : The President of the United States, Thomas H. Clay, Minister Resident of the United States to the Republic of Honduras ; And his Excellency, the President of the Republic of Honduras, Senor Licenciado 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 folio wing articles : — 700 article i. Peace and amity.There shall be perpetual amity between the United States and their citizens on the one part, and the government of the Republic of Honduras and its citizens on the other. article ii. Reciprocal freedom of commerce.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, respectively, shall have liberty, freely and securely, to come with their ships and cargoes to all places, ports, and rivers in the territories aforesaid, to which other foreigners are or may be permitted to come ; to enter into the same, and to remain and reside in any part thereof, respectively ; also to hire and occupy houses and warehouses for the purposes of their commerce ; and, generally, the merchants and traders of each nation, respectively, shall enjoy the most complete protection and security for Subject to laws.their commerce ; subject, always, to the laws and statutes of the two countries respectively. Ships of war and post-office packets.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. Coasting trade not included.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. Privileges of most favored nation.It being the intention of the two high contracting parties to bind themselves by the preceding articles, to treat each other on the foot- 701 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 the other high contracting party gratuitously, if the concession in favor of that other nation shall have been gratuitous ; or in return for a compensation as nearly as possible of 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 Republic of Honduras, and no higher nor other duties shall be imposed on 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 territories of either of the high contracting parties, on the exportation of any articles to the territories of the other, than such as are or may be payable on the exportation of the like articles to any other foreign country nor shall any prohibition be imposed upon the exportation or importation of any articles the growth, produce, or manufacture of the territories of the United States, or of the Republic of Honduras, 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. 702 article v. Tonnage, harbor, pilotage, &c., dues.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, 01 on account of any other local charges, shall be imposed in any of the ports of the Republic of Honduras, on vessels of the United States, than these 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. Duties same on imports and exports in vessels of either country.The same duties shall be paid on the importation into the territories of the Republic of Honduras of any article being of the growth, produce, or manufacture of the territories of the United States, whether such importation shall be made in vessels of Honduras or of the United States; and the same duties shall be paid on the importation into the territories of the United States of any article being of the growth, produce, or manufacture of the Republic of Honduras, whether such importation shall be made in United States or in Honduras vessels. Bounties and drawbacks to be the same.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 manufacture 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. 703 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 remuneration than such as is paid in like cases by citizens of Honduras, and absolute freedom — in all cases shall be allowed to the buyer and seller to bargain and fix the price of any goods, wares, or merchandise imported into or exported from the Republic of Honduras, as they shall see good, observing the laws and established customs of the country. The same privileges shall be enjoyed in the territories of the United States by the citizens of the Republic of Honduras under the same conditions. The citizens of the high contracting parties shall reciprocally receive and enjoy full and perfect protection for their persons and property, and shall have free and open access to the courts of justice in the said countries, respectively, for the prosecution and defence of their just rights: and they shall be at liberty to employ, in all cases, the 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 unlading 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, donation, ex- 704 change, 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. Estates of persons deceased.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 deceased, giving proper notice of such nomination to the authorities of the country. article ix. Exempfion from compulsory military service.The citizens of the United States residing in the Republic of Honduras, and the citizens of the Republic of Honduras residing in the United States, shall be exempted from all compulsory military service whatsoever, either by sea or by land, and from all forced loans or military exactions or requisitions, and they shall not be compelled, under any pretext whatsoever, to pay other ordinary charges, requisitions, or taxes greater than those that are paid by native citizens of the contracting parties respectively. article x. Diplomatic agents and consuls.It shall be free for each of the two high contracting parties to appoint consuls for the protection of trade, to reside in any of the territories of the other party ; but before any consul shall act as such, he shall, in the usual form, be approved 705 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, according 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. 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 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, 706 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. Liberty of person;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 religious belief.of their religious belief, nor in the proper exercise of their religion, either within their own private houses or in the places of worship destined for that purpose, agreeably to the system of tolerance established in the territories of the two high contracting parties; provided they respect the religion of the nation in which they reside, as well as the constitution, laws, and customs Rights of burial.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. Right to terminate certain articles of this treaty upon notice.In order that the two high contracting parties may have the opportunity of hereafter treating and 707 agreeing upon such other arrangements as may tend still further to the improvement of their mutual intercourse, and to the advancement of the interests of their respective citizens, it is agreed that, at any time after the expiration of seven years from the date of exchange of the ratifications of the present treaty, either of the high contracting parties shall have the right of giving to the other party notice of its intention to terminate Articles IV, V, and VI of the present treaty; and that at the expiration of twelve months after such notice shall have been received by either party from the other, the said articles, and all the stipulations contained therein, shall cease to be binding on the two high contracting parties. article xiv. Inasmuch as a contract was entered into by the government of Honduras and a company entitled the “Honduras Inter-oceanic Railway Company” for the construction of a railway from the Atlantic to the Pacific oceans, through the territories of Honduras, which contract was ratified by the constitutional powers of the State, and proclaimed as a law on the 28th day of April, 1854; and inasmuch as, by the terms of article 5, section 6, of said contract, the government of Honduras, with “the view to secure the route herein contemplated from all interruption and disturbance from any cause, or under any circumstances, engages to open negotiations with the various governments with which it may have relations for their separate 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 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 pur- 708 poses 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 citizens of the United States, passing 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. Sovereignty and property of Honduras in and over the line of road recognized and guarantied. In consideration of these concessions, in order to secure the construction and permanence of the route or road herein contemplated, and also to secure, for the benefit of mankind, the uninterrupted advantages of such communication from sea to sea, the United States recognizes the rights of sovereignty and property of Honduras in and over the line of said road, and for the same reason guaranties positively and efficaciously the entire neutrality of the same, so long as the United States shall enjoy the privileges conceded to it in the preceding section of this article. And when the proposed road shall have been completed, the United States equally en- 709 gages, in conjunction 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 and security when completed, 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 nations, 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. THOS. H. CLAY. [l. s.] M. COLINDRES. [l. s.] *Tratado de Amistad, Comercio y Navegacion, entre la República de Honduras y los Estados Unidos de América.* Habiendo tráfico comercial establecidoContracting parties. hace algun tiempo, entre la Republica de Honduras y los Estados Unidos, ha parecido conveniente, para la seguridad, como tambien para el fomento de sus mútuos intereses, y para la conservacion de la buena inteligencia entre la mencionada República y los Estados Unidos, que las relaciones que ahora existen entre ambas partes, sean reconocidas y confirmadas formalmente, por medio de un tratado de amistad, comercio, y navegacion. Con esto objeto, han sido nombrados los respectivos plenipotenciarios, á saber: Por su Excelencia el PresidentePlenipotentiaries. de la República de Honduras, el Senor Licenciado Don Manuel Colindres, Ministro de Relaciones Exteriores de dicha República ; Y por el Presidente de los Estados Unidos, Thomas H. Clay, Ministro Residente de los Estados Unidos en la República de Honduras ; Quienes, despues de haberse comunicado mútuamente sus plenospoderes y halládolos en debida y regular forma, han acordado y concluido los articulos siguientes: — 700 articulo i. Habrá una perpetua amistad entre el gobierno de la República de Honduras y sus ciudadanos por una parte, y los Estados Unidos y sus ciudadanos por otra parte. articulo ii. Habrá entre los territories de la República de Honduras y todos los territories de los Estados Unidos una recíproca libertad. de comercio. Los ciudadanos y súbditos de los dos paises, respectivamente, tendrán libertad para ir, libre y seguramente, con sus buques y cargamentos, á todos parages, puertos, y rios en los territories antedichos, á los cuales se permite ó se permitiere ir á otros estrangeros, entrar en los mismos, y permanecer y residir en cualquiera parte de ellos, respectivamente; tambien para alquilar y ocupar casas y almaenes para los objetos de su comercio; y generalmente los comerciantes y traficantes de cada nacion, respectivamente, gozarán la mas completa proteccion y seguridad para su comercio; estando siempre sujetos á las leyes y estatutos de los dos paises respectivamente. Del mismo modo, los respectivos buques de guerra y paquetes de correo de los dos paises, tendrán libertad para Hegar franca y seguramente á todos los puertos, rios y lugares, á que se permite ó se permitiere Hegar buques de guerra y paquetes de correo de otras naciones, entrar en los mismos, anclar y permanecer en ellos, y repararse, sujetos siempre á las leyes y estatutos de los dos paises respectivamente. Por el derecho de entrar én parages, puertos, y rios de que se hace relation; en este articulo, no está comprendido el privilegio del comercio de escala y cabotage, que unicamente será permitido á buques nacionales del pais donde se hiciere semejante comercio. articulo iii. Siendo la intencion de las dos altas partes contratantes, el obligarse por los artículos precedentes á tratarse la una á la otra en los mismos 701 términos que á la nacion mas favorecida, por el presente, convienen mútuamente en que cualquier favor, privilegio, ó inmunidad, de cualquiera especie que fuere, que en materias de comercio y navegacion haya concedido actualmente ó pueda en adelante conceder, alguna de las partes contratantes á los súbditos ó ciudadanos de otra nacion cualquiera, se bare extensive á los súbditos ó ciudadanos de la otra alta parte contratante gratuitamente ; siempre que la concesion en favor de la otra nacion hubiere sido gratuita; pues siendo condicional, en tai caso por mútuo convenio, se acordará una compensacion equivalente, cuanto sea posible, y proporcionada, asi en el valor como en los resultados. articulo iv. No se impondrán otros ó mas altos derechos á la importacion en los territories de la República de Honduras,Duties on imports. cualesquiera artículos del producto natural, producciones, ó manufactures de los territories de los Estados Unidos, ni se impondran otros ó mas altos derechos á la importacion en los territories de los Estados Unidos de cualesquiera artículos del producto natural, producciones, ó manufactures de la República de Honduras, que los que se pagan ó pagaren por semejantes articulos, cuando sean producto natural, producciones, ó manufactures de cualquiera otro pais estranggro; ni se impondran otros ó mas altos derechos ó impuestos en los territories de cualquiera de las altas partes contratantes á la exportacion de cualesquiera articulos para los territories de la otra, que los que se pagan ó pagaren por la exportacion de iguales artículos para cualquiera otro pais estrangero; ni se impondráDuties on exports. prohibicion alguna á la exportacion ó importacion de cualesquiera artículos del producto natural, producciones ó manufactures de los territories de la República de Honduras, ó de los territories de los Estados Unidos para los dichos, ó de los dichos territories de la Republica de Honduras; ó para los dichos, ó de los dichos territorios de los Estados Unidos, que no se extiendan igualmente à todas las otras naciones. 702 articulo v. No se impondrán otros ni mas altos derechos ni pagos por razon de toneladas, fanal, emolumentos de puerto, práctico, derecho de salvamento, en caso de pérdida ó naufragio, ni por razon de algunas otras cargas locales en ninguno de los puertos de los Estados Unidos, á los buques de Honduras, sinó los que unicamente pagan en los mismos, los buques de los Estados Unidos; ni en los puertos de la Repiiblica de Honduras se impondrán á los buques de los Estados Unidos, otras cargas que las que, en los mismos puertos, pagan los buques de Honduras. articulo vi. Se pagarán los mismos derechos de importacion en los territories de los Estados Unidos por los artículos de productos naturales, producckmes y manufacturas de la República de Honduras, bien sean importados en buques de los Estados Unidos ó en los de Honduras; y los mismos derechos se pagarán por la importacion en los territories de la República de Honduras, de las manufacturas, efectos y producciones de los territories de los Estados Unidos, aunque su importacion sea en buques de Honduras ó en los de los Estados Unidos. Los mismos derechos pagaran y gozarán las misrnas franquicias y descuentos concedidos á la exportacion para los territories de los Estados Unidos, cualesquiera artículos de los productos naturales, producciones, ó manufacturas de la República de Honduras, ya sea que la exportacion se haga en buques de los Estados Unidos ó en los de Honduras ; y pagarán los mismos derechos, y se concederán las mismas franquieias y descuentos á la exportacion para la República de Honduras, de cualesquiera articulos de los productos naturales, producciones, ó manufacturas de los territories de los Es tados Unidos, sea que esta exportacion se haga en buques de Honduras ó en los de los Estados Unidos. 703 articulo vii. Todo comerciante, comandante deRights of United States citizens in Honduras; buque y otros ciudadanos de la Republica de Honduras gozarán de libertad completa en todos los territories de los Estados Unidos, para manejar por si sus propios negocios, ó para encargar su manejo á quien mejor les parezca, sea corredor, factor, agente, ó intérprete ; y no se les obligara a emplear para estos objetos á ninguna otra persona mas que las que se emplean por los ciudadanos de los Estados Unidos, ni estaran obligados á pagarles mas salario ó remuneracion, que la que, en semejantes casos, se paga por ciudadanos de los Estados Unidos; y se concederá libertad absoluta en todos casos al comprador y vendedor, para ajustar y fijar el precio de cualesquiera efectos, mercaderfas, y géneros importados ó exportados de la Republica de Honduras como crean conveniente, conformándose con las leyes y costumbres establecidas enof citizens of Honduras in the United States. el pais. Los mismos privilegios disfrutarán en los territorios de la Republica de Honduras los ciudadanos de los Estados Unidos y sujetos á las mismas condiciones. Los ciudadanos de las altas partesCourts of justice equally open. contratantes recibirán y gozarán reciprocamente de completa y perfecta proteccion en sus personas y propedades, y tendrán fibre y fácil acceso á los tribunales de justicia en los referidos paises respectivamente para la prosecucion y defensa de sus justos derechos ; y estaran en libertad de emplear en todos casos los abogados, procuradores, ó agentes de cualquier clase, que juzguen conveniente; y gozarán en este respecto, los mismos derechos y privilegios que alli disfrutaren los ciudadanos nativos. articulo viii. Por lo que toca á la policía de losOther privileges of citizens of both countries the same. puertos, á la carga y descarga de buques, la seguridad de las mercancias, bienes y efectos, la sucesion de las propiedades personales por testamento, ó de otro modo, y al derecho de disponer de la propiedad personal, de cualquiera clase ó deno- 704 minacion, por venta, donacion, permuta, testamento, ó de otro modo cualquiera, asi como tambien á la administracion de justicia, los ciudadanos de las dos altas partes contratantes gozarán, recíprocamente, los mismos privilegios, libertades y derechos, que si fueran ciudadanos natives, y no se les cargará en ninguno de estos puntos ó casos, mayores impuestos ó derechos que los que pagan, á en adelante pagaren los ciudadanos nativos, sujetos por supuesto á las leyes y estatutos locales de cada pais respectivamente. En caso que muriere algun ciudadano de cualquiera de las dos altas partes contratantes, sin haber hecho su última disposicion ó testamento, en cualquiera de los territories de la otra, el cónsul-general ó el cónsul de la nacion á que pertenecia el difunto, ó en su ausencia, el que representare á dicho cónsul-general ó cónsul tendrá el derecho de nombrar curadores, que se encarguen de la propiedad del difunto, en cuanto las leyes del pais lo permitieren, á beneficio de los legftimos herederos y acreedores del difunto ; dando noticia conveniente á las autoridades del pais. articulo ix. Los ciudadanos de los Estados Uni dos residentes en la República de Honduras, y los ciudadanos de la República de Honduras residentes en los Estados Unidos, estarán exentos de todo servicio militar forzado de cualquier especie, de mar ó de tierra y de todo préstamo forzoso, ó exacciones militares, ó requisiciones; ni serán compelidos á pagar, bajo ningun pretexto, cualesquiera cargos ordinarios, requisiciones, ó impuestos mayores, que los que paguen los ciudadanos nativos de las partes contratantes respectivamente. articulo x. Cada una de las dos altas partes contratantes podrá nombrar cónsules, para la protection del comercio, que residan en qualquiera de los territories de la otra parte ; pero ántes que ningun cónsul funcione como tai, deberá ser aprobado y ad- 705 mitido en la forma acostumbrada por el gobierno á quien se dirige; y cualquiera de las altas partes contratantes puede exceptuar de la residenciaResidence. de cónsules aquellos puntos particulares, en que no tengan por conveniente admitirlos. Los agentes diplomáticos y los cónsules de la República de Honduras gozarán en los territories de los Estados Unidos de todos los privilegios, exenciones é inmunidades concedidas, ó que se concedieren, á los agentes de igual rango de la nacion mas favorecida; y del mismo modo, los agentes diplomáticos y cónsules de los Estados Unidos, en los territories de la República de Honduras gozarán, conforme a la mas exacta reciprocidad, todos los privilegios, exenciones é inmunidades que se conceden, ó en adelante se concedieren, á los agentes diplomaticos y cónsules de la nacion mas favorecida, en la República de Honduras. articulo xi. Para mayor seguridad del comercioRights of citizens in case of war between the two countries. entre los ciudadanos de los Estados Unidos y los ciudadanos de la República de Honduras, se estipula que si en algun tiempo ocurriere desgraciadamente una interruption en las relaciones amistosas, y se efectuare, un rompimiento entre las dos altas partes contratantes, se concederán á los ciudadanos de cualquiera de las dos altas partes contratantes, que estén dentro de los territories de la otra, si residen en las costas, seis meses, y un año entero á los que residen en el interior, para arreglar sus negocios y disponer de sus propiedades; y se les dará un salvo conducto, para que se embarquen en el puerto que ellos elijieren; y aun en caso de un rompimiento, todos aquellos ciudadanos de cualquiera de las dos altas partes contratantes que estén establecidos en cualquiera de los territories de la otra, en el ejercicio de algun tráfico ú ocupacion especial, tendrán el privilegio de permanecer y continuar dicho tráfico y ocupacion, en el referido pais, sin que se les interrumpa en manera alguna en el goze absolute de su libertad y de sus bienes, 706 mientras se conduzcan, pacíficamente, y no cometan ofensa alguna contra las leyes; y sus bienes y efectos de cualquiera clase que sean, bien que estén bajo su propria custodia ó confiados á indviduos ó al Estado, no estaran sujetos á embargo ó secuestro, ni á ninguna carga ó imposicion que la que se haga con respecto á los efectos ó bienes pertenecientes á los ciudadanos del pais en que dichos ciudadanos residan. De igual modo ó en el misrao caso, ni las deudas entre particulares, ni los fondos públicos ni las acciones de compañias seran jamas confiscadas, secuestradas, ó detenidas. articulo xii. Los ciudadanos de la República de Honduras y los ciudadanos de los Estados Unidos, que residan en cualquiera de los territorios de la otra parte gozarán recíprocamente en sus casas, personas, y bienes, de la proteccion del gobierno, y continuarán en posesion de las garantías que actualmente tienen. No seran inquietados, molestados, ni perturbados en manera alguna, en razon de su creencia religiosa, ni en los ejercicios propios de su religion, ya dentro de sus casas particulares, ó en los lugares del culto destinados para aquel objeto, conform e al sistema de tolerancia establecido en los territorios de las dos altas partes contratantes; con tai que respeten la religion de la nacion en que residan, asi como la constitucion, leyes, y costumbres establecidas. Tendrán tambien libertad de enterrar á los ciudadanos de cualquiera de las dos altas partes contratantes, que murieren en los referidos territorios, en sus proprios cementerios, que podrán del mismo modo libremente establecer y mantener; y no se molestarán los funerales ni los sepulcros de los muertos, de ningun modo ni por motive alguno. articled xiii. Para que las dos altas partes contratantes tengan, en lo future, oportunidad de tratar y ajustar cuales- 707 quiera otros arreglos que tiendan aun mas eficazmente á estrechar las relaciones existentes, y al adelanto de los intereses de los respectivos ciudadanos, se ha convenido, que en cualquier tiempo, pasados siete años, desde la fecha en que se cangéen las ratificaciones del presente tratado, cualquiera de las dos altas partes contratantes podra poner en conocimiento de la otra parte sus intenciones de terminar los Articulos IV, V, y VI del presente tratado; y que al espirar un año desde que una de las partes haya recibido de la otra dicha noticia, los espresados articulos, y todo su contenido, dejarán de ser obligatorios á las dos altas partes contratantes. articulo xiv. En atencion á que ha sido concluidoHonduras Interoceanic Railway Company. un contrato entre el gobierno de Honduras y una Compañia intitulada “Compañia del Camino de Hierro Inter-oceánico de Honduras,” para construir un ferro y carril entre el Atlántico-el Pacífico, por el territorio de Honduras, cuyo contrato fué ratificado por los poderes supremos del Estado el 28 de Abril de 1854; y en atencion á que, segun el artículo 5, seccion 6, de dicho contrato, “el gobierno de Honduras, con objeto de asegurar la ruta de toda interrupcion ó disturbio, por cualquiera causa ó circunstancia, se obliga á abrir negociaciones con los gobiernos con quienes tenga relaciones, acerca del reconocimiento y perpetua neutralidad y proteccion de la ruta referida:”— para llenar esta obligation: 1º. El gobierno de HondurasRight of transit, &c. conviene en que el derecho de tránsito por dicha ruta, ó cualquiera otra que se construya por su territorio, de mar á mar, será en todo tiempo abierta y libre para el gobierno y ciudadanos de los Estados Unidos, para todo objeto legal. Nin- 708 gun impuesto, derecho ó carga de cualquier especie, se impondrá por el gobierno de Honduras, en el transito, á toda propiedad que pertenezca al gobierno de los Estados Unidos, á las malas públicas enviadas bajo su autoridad, ni sobre los ciudadanos de la misma nacion. Y todo producto legal, manufacturas, mercancías ó propiedades de los ciudadanos Norte-Americanos, que pasen en aquella direccion, no serán sujetas ó ningun derecho de importacion d exportacion, ni a arbitrarios impuestos ó cargas de tránsito, y serán aseguradas y protegidas de toda interruption ó detencion de parte del estado. Tambien se obliga el gobierno de la República de Honduras, á que todo privilegio ó ventaja comercial ó de cualquiera espeeie, que se conceda á súbditos ó ciudadanos de otra nacion, será igualmente ostensible á los ciudadanos de los Estados Unidos; y por último, como una prueba de su disposition á conceder al tránsito y comercio del mundo todas las ventajas que presenta su posicion respeto á los dos oceanos, Honduras se obliga á establecer puertos francos, los dos de las estremidades de la línea, para todo objeto de comercio legal. 2º. En consideration á estas concesiones, para asegurar la construction y permanencia de la ruta referida, asi como las ventajas que su no interruption ofrece al género humano, el gobierno de los Estados Unidos reconoce los derechos de soberanía y propiedad de Honduras sobre la línea de la ruta; y por la misma razon garantiza positiva y eficazmente su entera neutralidad, en tanto que el gobierno de los Estados Unidos goce de los privilegios concedidos en el artículo anterior. Y cuando el camino proyectado sea concluido, el gobierno de los Estados Unidos igualmente se compromete á protejerlo, en union con el de Honduras, de toda interruption, ataque 709 ó injusta confiscation de cualquiera parte que proceda. 3º. No obstante, debe entenderseProtection and guaranty may be withdrawn. que al conceder el gobierno de los Estados Unidos su protection y garantía sobre la neutralidad de la ruta, es con la condition de que la retirará si las personas que componen la compañia adoptan ó establecen regulaciones concernientes al tráfico, contrarias al espfritu é intencion de este artículo, ya sea haciendo distinciones en favor de alguna nacion ó naciones, ó sobre el comercio de alguna de ellas, imponiendo exacciones opresivas sobre los pasageros, buques, efectos, mercancias ó artículos. Pero el gobierno de los Estados Unidos, no retirarà dicha protection y garantía, sin dar aviso al de Honduras seis meses ántes. articulo xv. El presente tratado será ratificado,Ratifications, when to be exchanged. y las ratificaciones cambiadas en Comayagua en el término de un año, ó ántes si posible fuese. En fé de lo cual, los respectivosSignatures. plenipotenciarios han firmado el presente, sellándolo con sus sellos respectivos. Hecho en la ciudad de Comayagua, el dia cuatro de Julio, del ano de nuestro Señor mil ochocientos sesenta y cuatro. M. COLINDRES. [l. s.] THOS. H. CLAY. [l. s.] And whereas the said treaty has been duly ratified on both parts, and the respective ratifications of the same were exchanged at Tegucigalpa on the fifth day of May last: Now, therefore, be it known, that I, ANDREW JOHNSON, President of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. 710 In witness 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 thirtieth day of May, in the year of our Lord one thousand eight hundred and sixty-five, and of [seal.] the Independence of the United States of America the eighty-ninth. ANDREW JOHNSON. By the President: W. Hunter, *Acting Secretary of State*. Nov. 3, 1864 Treaty 13 Stat. 711 TREATY WITH HAYTI. November 3, 1864. 711 *Treaty of Amity, Commerce, and Navigation, and for the Extradition of Fugitive Criminals, between the United States of America and the Republic of Hayti ; Concluded and Signed at Port-au-Prince, November* 3, 1864 ; *Ratified by the President of the United States, May* 18, 1865 ; *Ratifications Exchanged at Washington, May* 22, 1865; *Proclaimed by the President of the United States, July* 6, 1865. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, Nov. 3, 1864. A PROCLAMATION. Whereas a treaty of amity, commerce, and navigation, and for the extradition of fugitive criminals, between the United States of America and the Republic of Hayti, was concluded and signed at Port-au-Prince, on the third day of November, in the year of our Lord one thousand eight hundred and sixty-four, which treaty, being in the English and French languages, is word for word as follows : — 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 commercial relations upon the most liberal basis, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall, in future, be religiously observed between the one and the other, by means of a treaty of amity, commerce, and navigation, and for the extradition of fugitive criminals. For this purpose they have appointed as their plenipotentiaries, to wit: the President of the United States, Benjamin F. Whidden, commissioner and consul-general of the United States to the Republic of Hayti; and the President of Hayti, Boyer Bazelais, chef d’escadron, his aide-de-camp and secretary, 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 712 friendship between the United States of America and the Republic 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. Privileges of most favored nation.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. Rights in case of war.If by any fatality (which cannot be expected, and which God forbid) 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 respectively, on each side, during which time they shall be at liberty to withdraw themselves, with their effects and movables, which they shall have the right to carry away, send away, or sell, as they please, without the least obstruction ; nor shall their effects, much less their persons, be seized during such term of six months; which immunity is not in any way to be construed to prevent the execution of any existing civil or commercial engagements; on the contrary, passports shall be valid for a term necessary for their return, and shall be given to them for their ves- 713 sels and their effects which they may wish to carry with them or send away, and such passports shall be a safe conduct against the insults and captures which privateers may attempt against their persons and effects. article iv. Neither the money, debts, shares in the public funds or in banks, or any other property, of either party, shall ever, in the event of war or national difference, be sequestered or confiscated. article 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 Ioans or military exactions or requisitions, nor shall they be compelled to pay any contributions whatever higher or other than those that are or may be paid by native citizens. article 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 respectively, as well in respect to the consignment and sale of their goods as with respect to the loading, unloading, and sending off their vessels. They may also employ such agents or brokers as they may deem proper; it being distinctly understood that they are subject also to the same laws. 714 Privileges of courts.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. Books and papers not to be examined, unless, &c.There shall be no examination or inspection of the books, papers, or accounts of the citizens of either country residing within the jurisdiction of the other without the legal order of a competent tribunal or judge. article viii. Liberty of conscience.The citizens of each of the high contracting parties, residing within 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 Rights of burial.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. Disposal of property by will.The citizens of each of the high contracting parties, within the jurisdiction of the other, shall have power to dispose of their personal property by sale, donation, testament, or otherwise ; and their personal representatives, being citizens of the other contractingSuccession to personal property party, shall succeed to their personal property, whether by testament or *ab intestato*. They may take possession thereof, either by 715 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 property of a native in a similar case, while the lawful owner may take measures for securing it. If a question as to the rightful ownership of the property should arise among claimants, the same shall be determined by the judicial tribunals of the country in which it is situated. article x. The high contracting parties hereby agree that whatever kind of 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 Republic 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 merchandise 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 reexported from the one country in its own vessels, to any foreign country, may in like manner be exported or reexported in vessels of 716 the other; and the same duties, bounties, and drawbacks shall be collected and allowed as are collected of and allowed to the most favored nation. It it also understood that the foregoing principles shall apply, whether the vessels shall have cleared directly from the ports of the nation to which they appertain, or from ports of any other nation. article xii. Coasting trade not included.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. Rates of duties.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 imposed on the importation into Hayti of any article the growth, produce, or manufacture of the United States or their fisheries, than are or shall be payable on the like articles the growth, produce, or manufacture of any other foreign country or its fisheries. No other or higher duties or charges shall be imposed in the United States on the exportation of any article to Hayti, nor in Hayti, on the exportation of any article to the United States, than such as are or shall be payable on the exportation of the like article to any foreign country. No prohibition on importation.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. 717 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 private vessels of war, as well as public, until the two high contracting parties may relinquish that mode of warfare, in consideration of the general relinquishment of the right of capture of private property upon the high seas. article xvi. 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 like cases. If the repairs which a stranded 718 vessel may require shall render it necessary that the whole or any part of her cargo should be unloaded, no duties of custom, charges, or fees on such cargo as may be carried away shall be paid, except such as are payable in like cases by national vessels. article xvii. Ships of either country not affected by ownership of merchandise on board, contraband excepted.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 who are enemies of both or either party, to ports of the other, and to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of .one or several powers, unless such ports or places are blockaded, besieged, or invested. article xviii. Rules as to blockade, &c.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 contracting 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 notice of such blockade or investment, she shall again attempt to enter ; but she shall be permitted to go to any other 719 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 xix. The two high contracting parties recognize as permanent and immutable the following principles, to wit: — 1. That free ships make free goods; that is to say: that the effects or goods belonging to subjects or citizens of a power or state at war are free from capture 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 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 commerce 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 720 of contraband of war, and under this name shall be comprehended: — 1. what goods. 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, breastplates, coats-of-mail, accoutrements, and clothes made up in military form and for military use. 3. Cavalry belts and horses, with their harness. 4. And, generally, all offensive or defensive arms made of iron, steel, brass, copper, or of any other material prepared and formed to make war by land or at sea. article xxi. Goods not included in list of contraband to be free for commerce.All other merchandises and things not comprehended in the articles of contraband explicitly enumerated and classified as above shall be held and considered as free, and subjects of free and lawful commerce, so that they be carried and transported in the freest manner by the citizens of both the contracting parties, even to places belonging to an enemy, excepting only those places which are at the time besieged or blockaded. article xxii. Merchant ships in time of war to exhibit, &c.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 certificates, showing that their goods are not of the quality of those specified as contraband in this treaty. article xxiii. To avoid all kind of vexation and 721 abuse in the examination of the papers relating to the ownership of the vessels belonging to the citizens of the contracting parties, it is hereby agreed that when one party shall be engaged in war, and the other party shall be neutral, the vessels of the neutral party shall be furnished with passports, that it may appear thereby that, they really belong to citizens of the neutral party. These passports shall be valid for any number of voyages, but shall be renewed every year. If the vessels are laden, in addition to the passports above named, They shall be provided with certificates, in due form, made out by the officers of the place whence they sailed, so that it may be known whether they carry any contraband goods. And if it shall not appear from the said certificates that there are contraband goods on board, the vessels shall be permitted to proceed on their voyage. If it shall appear from the certificates that there are contraband goods on board any such vessel, and the commander of the same shall offer to deliver them up, that offer shall be accepted, and a receipt for the same shall be given, and the vessel shall be at liberty to pursue her voyage, unless the quantity of contraband goods be greater than can be conveniently received on board the ship-of-war or privateer, in which case, as in all other cases of just detention, the vessel shall be carried to the nearest safe and convenient port for the delivery of the same. In case any vessel 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 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. 722 article xxiv. Manner of search of vessels.In order to prevent all kinds of disorder in the visiting and examination of the vessels and cargoes of both the contracting parties on the high seas, it is hereby agreed that, whenever a ship-of-war shall meet with a neutral of the other contracting party, the first shall remain at a convenient distance, and may send its boats, with two or three men only, in order to execute the examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment, for which the commanders of the said armed ships shall be responsible with their persons and property; for which purpose the commanders of all private armed vessels shall, before receiving their commissions, give sufficient security to answer for all damages they may commit; and it is hereby agreed and understood that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his papers, or for any other purpose whatever. article xxv. Ships under convoy not to be visited or searched.It is expressly agreed by the high contracting parties that the stipulations 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 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. 723 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 smallest part of the goods, unless the lading be brought on shore in presence of the competent officers, and an inventory be made by them of the same. Nor shall it be lawful to sell, exchange, or alienate the said articles of contraband in any manner, unless there shall have been lawful process, and the competent judge or judges shall have pronounced against such goods sentence of confiscation. article xxvii. That proper care may be taken of the vessel and cargo, and embezzlement prevented in time of war, it is hereby agreed that it shall not be lawful to remove the master, commander, or supercargo of any captured vessel from on board thereof, during the time the vessel may be at sea after her capture, or pending the 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 passengers, five hundred dollars each, and for the sailors one hundred dollars each. 724 article xxviii. Prize courts alone to take cognizance of prize cases.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 all of the proceedings in the case, shall, if demanded, be delivered to the commander or agent of the said vessel without any delay, he paying the legal fees for the same. article xxix. No duties on prize ships or their captors.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 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. Foreign privateers.It shall not be lawful for any foreign privateers who have commissions from any prince or state in enmity with either nation to fit their 725 ships in the ports of either, to sell their prizes, or in any manner to exchange them ; neither shall they be allowed to purchase provisions, except such as shall be necessary to their going to the next port of that prince or state from which they have received their commissions. article xxxi. No citizen of Hayti shall apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the said United States, or any of them, or against the citizens, people, or inhabitants of the said United States, or any of them, or against the property of any of the inhabitants of any of them, from any prince or state with which the said United States shall be at war ; nor shall any citizen of the said United States, or any of them, apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the citizens or inhabitants of Hayti, or any of them, or the property of any of them, from any prince or state with which the said 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 respective laws. article xxxii. The high contracting parties, desiring to avoid all inequality in their public communications and official intercourse, agree to grant to tl.eir 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 Hayti may find it proper to give to the envoys, ministers, and other diplomatic agents, of any other 726 power, shall by the. same act be extended to those of each of the contracting parties. article xxxiii. Consuls and vice-consuls.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-consuls in all their ports open to foreign commerce, who shall enjoy, within their respective consular districts, all the rights, prerogatives, and immunities of the consuls and viceconsuls of the most favored nation. article xxxiv. Exequaturs.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 exercising their official functions, exhibit to the government to which they are accredited their commissions or patents in due form; and, having obtained their *exequatur*, they shall be acknowledged, in their official character, by the authorities, magistrates, and inhabitants, in the consular district in which they reside. article xxxv. Consuls, &c., exempt from personal taxes, &c.It is also agreed, that the consuls, their secretaries, officers, and persons attached to the service of consuls, they not being citizens of the country in which the consul resides, shall be exempt from all kinds of 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 727 the respective States. The archives and papers of the consulates shall be respected inviolably; and under no pretext whatever shall any person, magistrate, or other public authority seize, or in any way interfere with them. article xxxvi. The said consuls and vice-consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and custody of deserters from the ships-of-war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand such deserters, proving by the exhibition of the registers of the vessels, the muster-rolls of the crews, or by any other official documents, that such individuals formed a part of the crews; and on this claim being substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the consuls and vice-consuls, and may be confined in the public prisons at the request and cost of those who shall claim them, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall not again be 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 hereafter as circumstances will permit, to form a consular convention, which shall declare specially the powers and immunities of the consuls and vice-consuls of the respective parties. article xxxviii. It is agreed that the high contracting parties shall, on requisitions 728 made in their name, through the medium of their respective diplomatic agents, deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek an asylum or shall be found within the territories of the other: Proof required.*Provided,* That this shall be done only when the fact of the commission of the crime shall be so established as to justify their apprehension and commitment for trial, if the crime had been committed in the country where the persons so accused shall be found; in all of which the tribunals of said country shall proceed and decide according to their own laws. article xxxix. Crimes for which surrender shall he made.Persons shall be delivered up, according to the provisions of this treaty, who shall be charged with any of the following crimes, to wit: murder, (including assassination, parricide, infanticide, and poisoning,) attempt to commit murder, piracy, rape, forgery, the counterfeiting of money, the utterance of forged paper, arson, robbery, and embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. article xl. Surrender to be made only by the executive.The surrender shall be made, on the part of each country, only by the authority of the executive thereof. The expenses of the detention and delivery, effected in virtue of the preceding articles, shall be at the cost of the party making the demand. article xli. Certain offences not included.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 contracting parties shall be bound to deliver 729 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 Washington 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 hereunto affixed their seals. Done, in duplicate, at the city of Port-au-Prince, this third day of November, in the year of our Lord one thousand eight hundred and sixty-four. B. F. WHIDDEN. [l. s.] BOYER BAZELAIS. [l. s.] La République d’Haïti et lesContracting parties. Etats Unis de l’Amérique, désirant rendre durables et solides l’amitié et la bonne entente, qui régnent heureusement entre les deux nations et asseoir leurs relations commerciales sur les bases les plus libérales, ont résolu de fixer d’une manière claire, nette, et positive, les règles qui devront être, à l’avenir, religieusement, suivies, entre l’une et l’autre, au moyen d’un traité d’amitié, de commerce et de navigation, ainsi que d’extradition de criminels fugitifs. Dans ce but, ils ont appointé pourPlenipotentiaries. leurs plénipotentiaires, à savoir: le Président d’Haïti, le Sieur Boyer Bazelais, chef d’escadron, son aide-de-eamp et son secrétaire; et le Président des Etats Unis, le Sieur Benjamin F. Whidden, commissaire et consul-général des Etats Unis prés la République d’Haïti; lesquels, après une mutuelle communication de leurs pleins pouvoirs respectifs, trouvés en bonne et due forme, sont convenus des articles ci-après: — article i. Il y aura paix parfaite, solide, etPeace and amity. inviolable, et amité sincère entre la 712 République d’Haïti et les Etats Unis d’Amérique, dans toute l’étendue de leurs possessions et territoire et entre leur peuple et citoyens, respectivement, sans distinction de personnes ni de lieux. article ii. La République d’Haïti et les Etats Unis d’Amérique, désirant vivre en paix et en harmonie avec toutes les autres nations de la terre, au moyen d’une politique franche et également amicale envers toutes, sont convenus que toute faveur, exemption, privilèges ou immunités quelconques, en matière de commerce ou de navigation, que l’une des deux parties a accordés ou pourra, par la suite, accorder aux citoyens ou sujets de tout autre gouvernement, nation, ou état, s’étendront, en identité de cas et de circonstances, aux citoyens de l’autre partie contractante, gratuitement, si la concession en faveur de cet autre gouvernement, nation, ou état, a été gratuite; ou en retour d’une compensation équivalente, si la concession a été conditionnelle. article iii. Si, par quelque fatalité, (il laquelle on ne peut s’attendre et que Dieu détourne 1) les deux nations venaient à être en gueiTe entre elles, le délai de six mois, après la déclaration d’une telle guerre, sera accordé aux négociants et autres citoyens et habitants, respectivement de chaque côté, durant lequel délai, ils seront libres de se retirer avec leurs effets et mobiliers, qu’ils auront le droit d’emporter, de faire partir ou de vendre, comme bon leur semblera, sans le moindre empêchement; et ne pourront leurs effets, bien moins leurs personnes, être saisis durant ce délai de six mois; immunité, qui no doit être, en aucune manière, entendue comme empêchant l’exécution des engagements civils et commer ciaux existants; tout au contraire des passe-ports, qui seront valables pour le temps que nécessitera leur retour, leur seront donnés pour leurs 713 navires et les effets qu’ils voudront emporter ou expédier, et de tels passe-ports seront un sauf-conduit contre les insultes et les captures que des corsaires pourraient tenter contre leurs personnes et leurs effets. article iv. Ni l’argent, les créances, les actionsProperty not to be confiscated. dans les fonds publics ou dans les banques, ni aucune autre propriété de l’une ou de l’autre partie, ne pourront jamais, en cas de guerre ou de différend national, être séquestrés ou confisqués. article v. Les citoyens de chacune desExemption from compulsory military duty. hautes parties contractantes résidant ou établis sur le territoire de l’autre, seront exempts de toute contrainte au service militaire, sur terre comme sur mer, de tous emprunts forcés et de toutes exactions ou réquisitions militaires; iis ne pourront pas, nonplus être obligés à fournir contribution en aucune manière plus fortement ou autrement que les nationaux. article vi. Il sera permis aux citoyens deRights of residence and business. chacune des parties contractantes d’entrer, de séjourner, de s’établir et de résider dans toutes les parties du territoire de l’autre; d’entreprendre le commerce, de louer et. d’occuper des magasins, pourvu qu’ils se soumettent aux lois tant générales que spéciales concernant le droit de voyager, de résider et de commercer. Tout le temps qu’ils se conformeront aux lois et aux réglements en vigueur, ils seront libres de diriger eux-mêmes leurs propres affaires, sous la juridiction de l’une ou de l’autre partie, respectivement, tant à l’égard de la consignation et de la vente de leurs marchandises, qu’à l’égard du chargement, du déchargement et de l’expédition de leurs navires. Ils pourront aussi employer tels agents ou courtiers qu’ils jugeront convenable d’employer, ceci étant clairement entendu qu’ils sont aussi soumis à la même loi. 714 Les citoyens des parties contractantes auront libre accès près les tribunaux de justice dans toutes les causes où ils seront intéressés, aux , ? mêmes conditions que les lois et les usages du pays font aux nationaux; fournissant des sûretés dans les cas requis. . A l’effet de quoi, ils pourront employer, pour défendre leurs intérêts et leurs droits, tels avocats, procureurs, chargés d’affaires et autres agents qu’ils jugeront convenable de nommer, conformément aux lois et usages du pays. article vii. Aucun examen, ni inspection des livres, papiers ou comptes des citoyens de l’un des deux pays résidant dans les limites de la juridiction de l’autre, ne pourra avoir lieu, sans un ordre légal émané d’un tribunal ou d’un juge compétent. article viii. Les citoyens de chacune des hautes parties contractantes, résidant sur le territoire de l’autre, jouiront d’une entière liberté de conscience. Ils ne seront ni inquiétés, ni molestés à cause de leurs opinions religieuses et de leur culte, pourvu qu’ils respectent les lois et les coutumes établies du pays. En outre, les corps des citoyens de l’une des parties, qui viendront à décéder sur le territoire de l’autre, seront enterrés dans les cimetières publics, ou dans tous autres lieux convenables de sépulture, qui seront protégés contre toute violation ou toute insulte par les autorités locales. article ix. Les citoyens de chacune des hautes parties contractantes auront, dans la juridiction de l’autre, la faculté de disposer de leurs biens mobiliers par vente, donation, testament, ou autrement; et, leurs successeurs, citoyens de l’autre partie contractante, pourront hériter de leurs biens mobiliers soit par testament, soit *ab-intestat*. Ils pourront eu prendre possession soit par eux- 715 mêmes, soit par des tiers agissant pour eux, comme ils le voudront, et en disposer sans payer d’autres droits que ceux auxquels sont assujettis, dans les mêmes circonstances, les citoyens du pays, où sont situés les dits biens mobiliers. En l’absence de successeur, il sera pris du bien les mêmes soins qu’es pareille occurrence, la loi ordonne de prendre du bien d’un national, et ce, tandis que celui qui y aura légitimement droit, prendra ses mesures pour se l’assurer. Si, parmi les prétendants, il s’élève une contestation sur la légitimité de leur droit respectif à la propriété, cette contestation sera jugée par les tribunaux de justice du pays où le bien est situé. article x. Les hautes parties contractantesImports. conviennent par ces présentes, que les produits, articles manufactures et marchandises de toutes sortes d’un pays éiranger quelconque, qui peuvent être de temps à autre, légalement importés aux Etats Unis par leurs propres navires, pourront l’être également par navires d’Haïti, et qu’il ne sera imposé ou prélevé des droits plus élevés ou autres, sur le tonnage ou la cargaison des navires que ceux imposés ou prélevés sur les navires de la nation la plus favorisée. Et, réciproquement, les produits, articles manufacturés et marchandises de toutes sortes d’un pays étranger quelconque, qui peuvent être de temps à autre légalement importés à Haïti par ses propres navires, pourront l’être également par navires appartenant aux Etats Unis; et, il ne sera imposé ni prélevé des droits plus forts ou autres, sur le tonnage et la cargaison, que ceux imposés ou prélevés sur les navires de la nation la plus favorisée. article xi. Il est de même convenu, par lesExports. présentes, que tout ce qui pourra être légalement exporté ou réexporté d’un des deux pays, par ses propres navires pour un pays étranger quelconque, pourra être 716 également exporte ou réexperté par les navires de l’autre; et les mêmes droits seront prélevé, les mêmes primes et drawbacks seront accordés, que pour les navires de la nation la plus favorisée. Il est aussi entendu que les principes ci-dessus seront appliqués, que les navires aient été expédiés directement des ports de la nation à laquelle ils appartiennent ou des ports de toute autre nation. article xii. Les dispositions de ce traité ne doivent pas être entendues comme s’appliquant au commerce de cabotage des parties contractantes, lequel demeure respectivement réservé, par chacune d’elles, exclusivement pour être réglé par ses propres lois. article xiii. Aucun droit plus élevé ou autre ne sera imposé sur l’importation aux Etats Unis d’un article quelconque, du crû, de la production ou de la fabrication d’Haïti ou de ses pêcheries; aucun droit plus élevé ou autre ne sera imposé sur l’importation en Haïti d’un article quelconque du crû, de la production ou de la fabrication des Etats Unis ou de leurs pêcheries, que ceux qui sont ou seront payés pour les mêmes articles du crû, de la production, de la fabrication de tout autre pays étranger, ou de ses pêcheries. Il ne sera imposé de droits ou frais autres ou plus élevés aux Etats Unis, sur l’exportation d’un article quelconque pour Haïti, ni en Haïti sur l’exportation d’un article quelconque pour les Etats Unis, que ceux qui sont ou seront payés, à l’exportation des mêmes articles pour n’importe quel pays étranger. Aucune prohibition ne sera établie contre l’importation, des ports des Etats Unis à ceux d’Haïti ou de ceux d’Haïti à ceux des Etats Unis, d’un article du crû, de la production, de la fabrication des Etats Unis ou de leurs pêcheries, ou d’Haïti et de ses pêcheries, qui ne s’étendra également à tout autre pays étranger. 717 article xiv. Il est convenu par les présentesDiscriminating duties. que si l’une ou l’autre des hautes parties contractantes venait par la suite à établir des droits différentiels sur les produits de tout autre nation, l’autre partie aura la faculté de déterminer l’origine de ses propres produits destinés à entrer dans le pays où les droits différentiels sont établis. article xv. Toutes les fois que les citoyens deRights of asylum and refuge. l’une ou de l’autre des parties contractantes se trouveront forcés de chercher refuge ou asile, dans les fleuves, les ports ou les possessions de l’autre, avec leurs navires, soit de commerce soit de guerre, par suite de mauvais temps, de pour-suite de pirates ou d’ennemis, ou de manque de provisions ou d’eau, ils seront accueillis et traités avec humanité, recevant toute facilité et protection pour réparer leurs navires et se mettre en état de continuer leur voyage sans obstacle ni empèchement d’aucune sorte. Et les dispositions de cet article seront applicables aux corsaires, ou navires privés de guerre aussi bien qu’aux navires publics de guerre, jusqu’ à ce que les deux hautes parties contractantes aient abandonné ce mode d’hostilité, par suite de l’abandon général du droit de capturer la propriété privée sur les hautes mers. article xvi. Quand un navire de l’une desRights of those shipwrecked. parties aura fait naufrage, aura échoué ou aura été autrement endommagé sur les côtes ou dans la juridiction de l’autre, les citoyens, respectivement, recevront pour euxmêmes aussi bien que pour leur navire et leurs effets, la même assistance qui eût été due, en pareil cas, aux habitants du pays où l’accidfent est survenu, et ils seront dans l’obligation de payer les mêmes dépenses et les mêmes frais de sauvetage qu’en semblable circonstance auraient payés les mêmes habitants. Si les réparations qu’exige unRepairs of vessels. 718 navire échoué rendent nécessaire le déchargement de la totalité ou d’une partie quelconque de sa cargaison, il ne sera payé sur la cargaison qui aura été remportée d’autres droits de douane, frais et rétributions, que ceux qu’auraient eu à payer, en pareil cas, les navires nationaux. article xvii. Il sera permis aux citoyens de l’une ou de l’autre république de faire voile avec leurs navires et marchandises (les articles de contrebande exceptés) en toute liberté et en toute sécurité, et sans distinction aucune, quant à qui sont propriétaries des marchandises chargées sur ces navires, d’un port quelconque vers les places de ceux qui sont actuellement ou pourront être par la suite en état d’hostilité avec l’une ou l’autre des parties contractantes. Il sera également permis aux citoyens susdits de faire voile avec leurs navires et marchandises susmeutionées et de commercer avec la même liberté et la même sécurité, non seulement des ports et des places de ceux qui sont ennemis des deux parties ou de l’une d’elles, aux ports de l’autre et aux ports neutres, mais aussi d’une place appartenant à un ennemi à une autre place appartenant à un ennemi, que ces places soient sous la juridiction d’une ou de plusieurs puissances, excepté si les dits ports ou places sont bloqués, assiégés ou investis. article xviii. Et, comme il arrive fréquemment que des navires partent pour un port ou une place appartenant à l’ennemi, sans savoir que ces points sont assièges, bloqués ou investis, il est ici convenu entre les hautes parties contractantes, que tout navire qui se trouvera dans ce cas pourra être renvoyé de ces ports ou places, mais ne sera pas détenu, ni aucune partie de sa cargaison, si elle n’est de contrebande, confisquée, à moins qu’après l’avis d’un tel blocus ou d’un tel investissement le même navire ne tentât encore d’entrer. Mais il lui 719 sera permis d’aller vers tout autre port ou place, selon son désir, pourvu que ces derniers points ne soient ni bloqués, ni assiégés, ni investis. Les navires de l’une ou de l’autre des deux parties qui seraient entrés dans de tels ports ou places, avant que ces ports ou places, eussent été effectivement assiégés, bloqués ou investis par l’autre, ne seront pas empêchés de les quitter, avec leurs chargements, et s’ils y sont trouvés après la réduction ou la reddition de la place, ils ne seront pas sujets à confiscation, mais devront être remis à leurs propriétaires. article xix. Les deux hautes parties contractantesRecognition of certain principles. reconnaissent comme permanents et immuables les principes ci-àpres, à savoir: — 1. Que le navire fibre fait la marchandiseFree ships make free goods. libre, c’est à dire, que les effets et marchandises, appartenant aux sujets on aux citoyens d’une puissance ou d’un état en guerre, ne peuvent être ni saisis ni confisqués, si on les trouve à bord d’un navire neutre, à moins que ce ne soient des articles de contrebande de guerre. 2. Que la propriété des neutres àProperty of neutrals. bord d’un navire ennemi n’est pas sujette à confiscation, à moins qu’elle ne soit contrebande de guerre. La même neutralité s’étend aux personnes trouvées à bord d’un navire neutre, avec cette conséquence, à savoir que, quoique ces personnes puissent être des ennemis des deux parties ou de l’une d’elles, elles ne pourront pas être enlevées du dit navire, à moins que ce ne soient des officiers ou des soldats au service actuel de l’ennemi. Les parties contractantes s’engagent à appliquer ces principes au commerce et à la navigation de toutes les puissances et de tous les états qui consentiront à les adopter comme permanents et immuables. article xx. La liberté de navigation et deContraband of war to include commerce s’étendra à toutes sortes de marchandises, à l’exception, seulement, de celles désignées sous le 720 nom de contrebande de guerre, et sous ce nom som compris: — 1. Les canons, mortiers, obusiers, pierriers, espingoles, mousquets, fusils, mousquetons, carabines, pistolets, piques, épées, sabres, lances, javelines, hallebardes, grenades, bombes, poudre, mèches, boulets et tout ce qui tient ii l’emploi des armes. 2. Les boucliers, casques, cuirasses, cottes de maille, accoutrements et vêtements militaires confectionnés dans la forme et pour un service militaire. 3. Les ceinturons de cavalerie et les chevaux avec leurs harnais. 4. Et généralement toutes armes offensives et défensives fabriquées avec du fer, de l’acier, du cuivre, de l’airain, ou avec toute autre préparation et dans le but de faire la guerre par terre ou par mer. article xxi. Toutes autres marchandises et tous autres articles, non compris parmi ceux de contrebande explicitement énumérés et classés comme dessus, seront considérés libres et objets d’un commerce libre et légal, et pourront ainsi être transportés de la manière la plus libre, par les citoyens de deux parties contractantes, même à des places appartenant à l’ennemi, à l’exception de celles de ces places qui se trouveront actuellement assiégées ou bloquées. article xxii. En temps de guerre, les bâtiments de commerce appartenant aux citoyens de l’une ou de l’autre des parties contractantes, qui seront expédiés pour un port ennemi de l’une des deux parties, seront, si leur voyage et les articles de leur chargement fournissent de justes motifs de suspicion, tenus d’exhiber non seulement leurs passe-ports, mais encore les certificats dont ils sont porteurs pour prouver que leurs marchan dises ne sont pas de la qualité de celles spécifiées comme contrebande par ce traité. article xxiii. Pour éviter toutes sortes de vexa- 721 tion et d’abus dans l’examen desNeutral vessels to have passports, &c. papiers concernant la propriété des navires appartenant aux citoyens des parties contractantes, il est convenu. par les présentes, que, lorsque l’une des parties se trouvera en guerre et que l’autre sera neutre, les bâtiments de la partie neutre seront munis de passe-ports, afin qu’il soit par là évident qu’ils appartiennent réellement à des citoyens de la partie neutre. Ces passe-ports seront valables pour un nombre quelconque de voyages, mais seront renouvelés tous les ans. Si les bâtiments sont chargés, il leur sera, en outre des passe-ports susmentionnés, fourni des certificats, dressés en due forme et délivrés par les officiers de la place du départ, afin que l’on puisse savoir si les dits bâtiments sont porteurs d’articles de contrebande. Et, s’il n’appert pas de ces certificats qu’il existe à bord des articles de contrebande, les bâtiments seront laissés libres de poursuivre leur voyage. S’il résulte, au contraire, de ces certificats que des articles de contrebande existent sur un tel navire, et si le commandant de ce navire offre de s’en dessaisir, cette offre sera acceptée, il lui en sera délivré reçu et le navire sera laissé libre de continuer son voyage, à moins que les articles de contrebande ne soient en trop grande quantité pour pouvoir être commodément reçus à bord du navire de guerre ou du corsaire. Dans ce dernier cas, comme dans tous les autres cas d’une juste détention, le navire sera dirigé sur le port le plus voisin, le plus sûr et le plus convenable pour la délivrance des dits articles. Dans le cas où un bâtiment n’aura pas été muni d’un passe-port ou de certificats, dont il est nécessaire qu’il soit pourvu d’après ce que dessus, un tel cas sera examiné par un juge ou un tribunal compétent; et s’il appert d’autres documents ou d’autres preuves, admissibles suivant les us et coutumes des nations, que le bâtiment appartient aux citoyens ou aux sujets de la partie neutre, il ne sera pas confisqué, mais sera relâché avec son chargement (les articles de contrebande exceptés) et sera laissé libre de poursuivre son voyage. 722 article xxiv. Afin de prévenir tout désordre dans la visite et l’examen des bâtiments et des cargaisons des deux parties contractantes sur les hautes mers, il est ici convenu,que, lorsqu’un navire de guerre rencontrera un bâtiment neutre de l’autre partie contractante, le premier se tiendra à une distance convenable, et enverra sa chaloupe avec seulement deux ou trois hommes, pour qu’ils effectuent l’examen des papiers relatifs à la propriété du bâtiment et de son chargement, sans se livrer à aucune exaction, violence ou mauvais traitement, ce dont les commandants des dits navires armés seront responsables de leurs personnes et de leurs biens. Pour cet effet les commandants de tous navires privés armés devront, avant de recevoir leurs commissions, fournir une garantie suffisante pour répondre de tous les dommages qu’ils jxturroutoccasioner: et il est ici convenu et entendu que la partie neutre ne sera, dans aucun cas. appelée sur le navire visitant, ni pour la présentation de ses papiers ni pour aucun autre motif quelconque. article xxv. Il est expressément convenu entre les deux hantes parties contractantes que les stipulations ci-dessus concernant la conduite à tenir sur mer par les croiseurs de la partie belligérante envers les bâtiments de la partie neutre ne seront applicables qu’aux bâtiments voyageant sans convoi; que lorsque les dits bâtiments seront convoyés, l’intention des parties étant d’observer tous les égards dûs à la protection du pavillon qui flotte sur les navires publics, il ne sera pas permis de les visiter; mais que la déclaration verbale du commandant du convoi, que les bâtiments escortés par lui appartiennent à la nation, dont il porte le pavillon et n’ont à leur bord aucun article de contrebande, sera considérée comme entièrement suffisante par les croiseurs respectifs, les deux parties s’engageant réciproquement à ne pas admettre sous la protection de leurs convois des bâtiments qui seraient porteurs d’articles de contrebande destinés à un ennemi. 723 article xxvi. Toutes les fois que des bâtiments seront capturés ou détenus pour être conduits dans un port sous la charge d’apporter à l’ennemi des articles deProvisions in case of captures. contrebande, le capteur devra fournir reçu de ceux des papiers du bâtiment qu’il aura retenus, lequel reçu sera annexé à une copie des dits papiers; et il ne sera pas permis de briser ou d’ouvrir les panneaux, coffres, malles, barils, colis ou vases trouvés li bord, ni d’enlever la moindre partie des effets, à moins que le chargement ne soit transporté à terre en présence des officiers compétents et qu’il n’en soit, par eux, dressé inventaire. H ne sera pas non plus permis de vendre, d’échanger ni d’aliéner d’aucune façon les dits articles de contrebande, sans qu’il y ait eu poursuite légale, et que le juge ou les juges compétents aient prononcé contre de tels articles sentence de confiscation. article xxvii. Afin que des soins convenables soient pris des bâtiments et de leurs chargements, et que toutes malversations soient empêchées, en tempsCare of captured property. de guerre, il est ici convenu qu’il ne sera pas permis d’éloigner du bord le maître, le commandant ou le subrécargue d’un bâtiment capturé, durant le temps que ce bâliment sera encore en mer après la capture, ou durant la procédure qui se pour-souivra contre le dit bâtiment, sa cargaison ou tout ce qui y a trait; et, dans tous les cas où un bâtiment appartenant à des citoyens de l’une ou de l’autre partie aura été capturé, confisqué et détenu pour être adjugé, scs officiers, ses passagers et son équipage devront être traités avec hospitalité. Ils ne devront pas être emprisonnés, ni être privés d’aucune partie de leurs vêtements, de la possession de leur argent, n’excédant pas pour le capitaine, le subréeargue, le second et les passagers, chacun, cinq cents dollars, et pour les matelots, chacun, cent dollars. 724 article xxviii. Il est de plus convenu que, dans tous les cas, les cours établies pour le jugement des prises seront, dans le pays où les prises seront amenées, seules habiles à en connaître. Et, toutes les fois qu’un tel tribunal de l’une ou de l’autre partie aura prononcé son jugement contre un navire, des marchandises ou des propriétés réclamées par des citoyens de l’autre partie, la sentence ou le décret devra mentionner les raisons et les motifs sur lesquels on s’est fondé; et copie authentique de cette sentence ou de ce décret et de toute la procédure y relative sera, sur sa demande, délivrée au capitaine ou à l’agent du dit bâtiment, et ce, sans délai et moyennant paiement des frais légaux. article xxix. Quand des navires de guerre des deux parties contractantes, ou des navires appartenant à leurs citoyens et armés en guerre, seront admis à entrer avec leurs prises, dans les ports de l’une ou de l’autre partie, ils ne seront obligés de payer aucun droit ni aux officiers de ht place, ni aux juges, ni à tous autres; les prises, quand elles arriveront et entreront dans les ports d’une des parties, ne seront non plus ni arrêtées ni saisies, et les officiers de la place ne pourront faire aucune perquisition sur la légalité de telles prises; mais les navires pourront, en tout temps hisser leurs voiles, partir et conduire leurs prises vers les lieux mentionnés dans leurs commissions, que les commandants des dits navires seront tenus d’exhiber. Il est entendu toutefois, que les privilèges conférés par cet article ne s’étendront pas au-delà de ceux accordés soit par la loi, soit par traité avec la nation la plus favorisée. article xxx. Il ne sera pas permis à des corsaires étrangers, qui tiennent leurs commissions d’un prince ou d’un état en guerre avec l’une des deux 725 nations, dequipper leurs navires dans les ports de l’une ou de l’autre, d’y vendre ni d’y échanger, en au ou ne façon, leurs prises; il ne leur sera pas non plus permis de s’y procurer des provisions, excepté ce qui leur sera nécessaire pour aller vers le port le plus voisin appartenant au prince ou à l’état de qui ils tiennent leurs commissions. article xxxi. Aucun citoyen d’Haïti ne pourraCitizens of either country not to take letters of marque against the other. demander à un prince ou à un état en guerre avec les Etats Unis, ni accepter d’eux de commission ou de lettre de marque en vue d’armer un oit des navires pour être employés comme corsaires contre les dits Etats Unis, ou l’un des dits Etats, ni contre les citoyens, le peuple, ou les habitants des dits états ou de l’un d’eux, ou contre les propriétés d’aucun de leurs habitants. Les citoyens des dits Etats Unis ne pourront pas, non plus, demander à aucun prince ou à aucun état en guerre avec la République d’Haïti ni accepter d’eux de commission ou de lettre de marque, en vue d’armer un ou des navires pour être employés comme corsaires contre les citoyens ou les habitants d’Haïti ou contre les propriétés d’aucun d’eux. Et, si une personne quelconque de l’une ou de l’autre nation accepte de telles commissions ou de telles lettres de marque, cette personne serra punie conformément aux lois respectives de chaque pays. article xxxii. Les hautes parties contractantes,Equal rights of diplomatic agents &c. désirant éviter toute inégalité dans leurs communications publiques et dans leurs rapports officiels, sont convenues d’accorder;i leurs envoyés, ministres et autres agents diplomatiques les mêmes faveurs, privilèges, immunités, et exemptions dont jouissent ou jouiront les nations les plus favorisées; et, il demeure entendu que, quels que soient les faveurs, privilèges, immunités et exemptions que les Etats Unis d’Amérique ou la République d’Haïti jugeront à propos de conférer aux 726 envoyés, ministres et autres agents diplomatiques d’une puissance étrangère quelconque, ces privilèges, &ca., &ea., seront par le même acte, étendus aux agents de chacune des parties contractantes. article xxxiii. Afin de protéger plus efficacement le commerce et la navigation de leurs citoyens respectifs, les Etats Unis d’Amérique et la République d’Haïti sont convenus d’admettre et de recevoir, mutuellement, des consuls et vice-consuls dans tous leurs ports ouverts au commerce extérieur; lesquels jouiront, dans l’étendue de leurs circonscriptions consulaires, de tous les droits, prerogatives et immunités des consuls et vice-consuls de la nation la plus favorisée. article xxxiv. Pour que les consuls et vice-consuls des deux parties contractantes puissent jouir des droits, prérogatives, et immunités attachés au caractère public dont ils sont revêtus, ils devront, avant d’entrer dans l’exercice de leurs fonctions officielles, exhiber au gouvernement près duquel ils sont accrédités leurs commissions ou lettres patentes en due forme; et, lorsqu’ils auront obtenu leur *exequatur*, ils seront reconnus, dans leur caractère officiel, par les autorités, les magistrats et les habitants de la circonscription consulaire de leur résidence. article xxxv. Il est aussi convenu que les consuls, leurs secrétaires, officiers et autres personnes attachés à leur service, s’ils ne sont pas citoyens du pays où réside le consul, seront exempts de tous impôts, taxes, et contributions, à l’exception de ceux qu’ils seront obligés de payer à cause de leur commerce et de leurs propriétés, et auxquels sont assujettis les citoyens ou les habitants du pays ou ils résident, qu’ils soient natifs ou étrangers, étant, en outre, en tout soumis aux lois des états respectifs. 727 Les archives at les papiers des consulats seront inviolablement respectés; et sous aucun prétexte ne seratil permis h une personne, à un magistrat ou à une autorité publique quelconque de les saisir, ou de s’en mêler d’aucune façon. article xxxvi. Les dits consuls et vice-consulsConsuls, &c., may have the aid of the local authorities to arrest, &c., deserters. auront le pouvoir de requérir l’assistance des autorités du pays, à l’effet d’arrêter, de détenir et de faire garder en dépôt les déserteurs des navires de guerre et des navires marchands de leur pays. Pour cela, ils devront s’adresser aux tribunaux, juges et officiers compétents, et devront, par écrit, faire la demande de ces déserteurs en prouvant par l’exhibition dos registres des navires, des rôles d’équipage oit d’autres documents officiels que de tels individus font partie de l’équipage. Et, la réclamation étant établie, la remise des déserteurs ne pourra pas être refusée. A leur arrestation, les déserteurs seront mis à la disposition des consuls et vice-consuls, et pourront être enfermés dans les prisons publiques à la requête et aux li ais de ceux qui les auront réclamés, pour être en suite envoyés aux navires auxquels ils appartiennent, ou à tous autres navîres’du même pays. Mais si, dans les trois mois du jour de leur arrestation, îl’s n’étaient pas renvoyés chez eux, ils seront alors remis en liberté et ne pourront plus être arrêtés pour la même cause. article xxxvii. En vue de protéger d’une manièreConsular convention to be had. plus efficace leur commerce et leur navigation, les deux parties contractantes conviennent, par les présentes, de conclure, aussitôt que les circonstances le permettront par la suite, une convention consulaire qui énoncera spécialement les pouvoirs et les immunités des consuls et des vice-consuls des parties respectives. ARTICLE XXXVIII. Il est convenu que les hautesSurrender of fugitives from justice. parties contractantes, sur réquisi- 728 tions faites en leur nom par l’intermédiaire de leurs agents diplomatiques respectifs, devront livrer aux mains de la justice les personnes qui, accusées des crimes énumérés en l’article ci-après qu’elles auront commis dans l’étendue de la juridiction de la partie réquérante, se seront ensuite réfugiées ou auront été trouvées sur le territoire de l’autre; *pourvu* qu’il n’en soit ainsi que lorsque le fait de la perpération du crime soit tellement établi qu’il eût justifié leur prise de corps et leur mise en jugement si le crime avait été commis dans le pays où seront trouvées les personnes ainsi accusées. En tout quoi les tribunaux du dit pays procéderont et décideront suivant leurs propres lois. article xxxix. Seront livrées, conformément aux clauses du présent traité, les personnes qui seront accusées de l’un des crimes ci-après, à savoir: meurtre, (assassinat, parricide, infanticide et empoisonnement compris;) tentative de meurtre; piraterie, rapt, faux; contrefaçon de monnaie; mise en circulation de faux papiers; crime d’incendie; vol; ainsi que détournement pratiqué par des officiers publics ou par des personnes prises à gages ou salariées, au détriment de leurs patrons, quand ces crimes entraînent des peines infamantes. article xl. La remise de l’accusé de la part de chaque pays, sera faite seulement par l’autorité exécutive et les frais de détention et de remise, faits en vertu des articles précédents, seront à la charge de la partie demanderesse. article xli. Les dispositions des articles précédents, relatives à l’extradition des crimnels fugitifs, ne s’appliqueront pas à des infractions commises avant la date des présentes, ni à celles ayant un caractère politique. Aucune des parties contractantes ne 729 sera tenue, par ce traité, de délivrer ses propres citoyens. article xlii. Le présent traité demeurera enTreaty, how long to remain in force. vigueur pendant l’espace de huit années à partir de la date de l’échange des ratifications; et, si, un an avant l’expiration de cette période, ni l’une ni i’autre des parties contractantes ne notifie à l’autre son intention d’y mettre fin, le dit traité continuera à être en vigueur d’année en année, jusqu’au terme d’une année après notification officielle faite en vue d’y mettre fin, comme il est dit plus haut. article xliii. Le présent traité sera, des deuxRatifications, when to be exchanged. côtés, soumis à l’approbation et à la ratification des autorités compétentes respectives de chacune des parties contractantes, et les ratifications seront échangées à Washington, dans les six mois à partir de cette date, ou plustôt, si c’est possible. En foi de quoi, les plénipotentiaires respectifs ont signé les articles ci-dessus, rédigés tant en anglais qu’en français, et y ont apposé leurs sceaux. Fait double, en la ville du Port-au-Prince, le troisième jour de Novembre, de l’année de Notre Seigneur mil huit cent soixante quatre. Signatures. BOYER BAZELAIS. [l. s.] B. F. WHIDDEN. [l. s.] And whereas the said treaty has been duly ratified on both parts, and the respective ratifications of the same have been exchanged: Now, therefore, be it known, that I, ANDREW JOHNSON, PresidentExchange of ratifications. of the United States, have caused the said treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand and caused, the seal of the United States to be affixed. Done at the city of Washington, this sixth day of July, in the year of our Lord one thousand eight hundred and sixty-five, and of the [l. s.] Independence of the United States of America the ninetieth. ANDREW JOHNSON By the President: William H. Seward, *Secretary of State*. 730 APPENDIX. 1 13 Stat. 730 Sept. 24, 1862 Digitization Vendor By the President of the United States of America A Proclamation No. 1. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Sept. 24, 1862. A PROCLAMATION. Preamble.Whereas, it has become necessary to call into service not only volunteers but also portions of the militia of the states by draft in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure and from giving aid and comfort in various ways to the insurrection: Rebels and their abettors within the United Slates to be subject to martial law.Now, therefore, be it ordered, First.— That during the existing insurrection and as a necessary measure for suppressing the same, all rebels and insurgents, their aiders and abettors within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice, affording aid and comfort to rebels against the authority of the United States, shall be subject to martial law and liable to trial and punishment by courts-martial or military commissions: Second.— Habeas corpus suspended as to certain persons.That the writ of habeas corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prison, or other place of confinement by any military authority or by the sentence of any court-martial or military commission. In witness 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-fourth day of September, [l. s.] in the year of our Lord one thousand eight hundred and sixty-two, and of the Independence of the United States the eighty-seventh. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 2 13 Stat. 730 April 2, 1863 Digitization Vendor By the President of the United States of America A Proclamation No. 2. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: April 2, 1863. A PROCLAMATION. Preamble.Whereas, in pursuance of the act of congress, approved July 13, 1861,I did, by Proclamation dated August 16, 1861, declare that the 1861, ch. 3. Vol. xii. p. 257.inhabitants of the States of Georgia, South Carolina, Virginia, North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Mississippi, and Florida, (except the inhabi-731tants of that part of Virginia lying west of the Alleghany Mountains and ofVol. xii. p. 1262. such other parts of that state and the other states hereinbefore named as might maintain a legal adhesion to the Union and the Constitution, or might be, from time to time, occupied and controlled by forces of the United States engaged in the dispersion of said insurgents), were in a state of insurrection against the United States, and that all commercial intercourse between the same and the inhabitants thereof with the exceptions aforesaid, and the citizens of other states and other parts of the United States was unlawful, and would remain unlawful, until such insurrection should cease or be suppressed, and that all goods and chattels, wares and merchandise, coming from any of said states, with the exceptions aforesaid, into other parts of the United States, without the license and permission of the President, through the Secretary of the Treasury, or proceeding to any of said States, with the exceptions aforesaid, by land or water, together with the vessel or vehicle conveying the same to or from said states, with the exceptions aforesaid, would be forfeited to the United States: And whereas, experience has shown that the exceptions made in and by said Proclamation embarrass the due enforcement of said act of July 13, 1861, and the proper regulation of the commercial intercourse authorized by said act with the loyal citizens of said states: Now, therefore, I, Abraham Lincoln, President of the United States, do hereby revoke theExceptions in proclamation revoked.Inhabitants of certain states declared to be in insurrection.Commercial intercourse prohibited, except, &c. said exceptions, and declare that the inhabitants of the States of Georgia, South Carolina, North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Virginia, (except the forty-eight counties of Virginia designated as West Virginia, and except, also, the ports of New Orleans, Key West, Port Royal, and Beaufort in North Carolina, J are in a state of insurrection against the United States, and that all commercial intercourse not licensed anil conducted as provided in said act between the said states and the inhabitants thereof, with the exceptions aforesaid, and the citizens of other states and other parts of the United States, is unlawful, and will remain unlawful, until such insurrection shall cease or has been suppressed, and notice thereof has been duly given byCotton and other products, &c., forfeited, unless, &c. Proclamation; and all cotton, tobacco, and other products, and all other goods and chattels, wares and merchandise, coming from any of said states, with the exceptions aforesaid, into other parts of the United States, or proceeding to any of said states, with the exceptions aforesaid, without the license and permission of the President, through the Secretary of the Treasury, will, together with the vessel or vehicle conveying the same, be forfeited to the United States. In witness 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 second day of April, A. D. eighteen [l. s.] hundred and sixty-three, and of the Independence of the United States of America the eighty-seventh. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 3 13 Stat. 732 April 20, 1863 Digitization Vendor By the President of the United States of America A Proclamation No. 3. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: April 20, 1863. A PROCLAMATION. Whereas, by the act of congress approved the 31st day of December, last,Preamble.1862, ch. 6. Vol. xii. p. 633. the State of West Virginia was declared to be one of the United States of America, and was admitted into the Union on an equal footing with the original states in all respects whatever, upon the condition that certain changes should be duly made in the proposed constitution for that state: And whereas proof of a compliance with that condition, as required by the second section of the act aforesaid, has been submitted to me: Now, therefore, be it known, that I, Abraham Lincoln,Act admitting West Virginia as a State, to be in force in sixty days from, &c. President of the United States, do hereby, in pursuance of the act of congress aforesaid, declare and proclaim that the stud act shall take effect and be in force from and after sixty days from the date hereof. 732 In witness 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 twentieth day of April, in the year [l. s.] of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States the eighty-seventh. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 4 13 Stat. 732 May 8, 1863 Digitization Vendor By the President of the United States of America A Proclamation No. 4. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: May 8, 1863. A PROCLAMATION. Preamble.Whereas, The congress of the United1863, ch. 75. Vol. xii. p. 731. States at its last session enacted a law entitled “An act for enrolling and calling out the national forces, and for other purposes,” which was approved on the 3d day of March last; and *Whereas*, It is recited in the said act that there now exists in the United States an insurrection and rebellion against the authority thereof, and it is, under the Constitution of the United States, the duty of the government to suppress insurrection and rebellion, to guarantee to each state a republican form of government, and to preserve the public tranquility; and *Whereas*, For these high purposes a military force is indispensable, to raise and support which all persons ought willingly to contribute; and *Whereas*, No service can be more praiseworthy and honorable than that which is rendered for the maintenance of the Constitution and Union, and the consequent preservation of free government; and *Whereas*, For the reasons thus recited, it was enacted by the said statute that all able-bodied male citizens of the United States and persons of foreign birth who shall have declared on oath their intention to become citizens under and in pursuance of the laws thereof, between the ages of twenty and thirty-five years, (with certain exceptions not necessary to be here mentioned,) are declared to constitute the national forces, and shall be liable to perform military duty in the service of the United States, when called out by the President for that purpose; and *Whereas*, It is claimed by and in behalf of persons of foreign birth within the ages specified in said act who have heretofore declared on oath their intentions to become citizens under and in pursuance of the laws of the United States, and who have not exorcised the right of suffrage or any other political franchise under the laws of the United States, or of any of the states thereof, that they are not absolutely concluded by their aforesaid declaration of intention from renouncing their purpose to become citizens, and that, on the contrary, such persons under treaties or the law of nations retain a right to renounce that purpose and to forego the privileges of citizenship and residence within the United States under the obligations imposed by the aforesaid act of congress: Plea of alien age not to be allowed to exempt, &c.Now, therefore, to avoid all misapprehensions concerning the liability of persons concerned to perform the service required by such enactment, and to give it full effect. I do hereby order and proclaim that no plea of alienage will lie received or allowed to exempt from the obligations imposed by the aforesaid act of congress, any person of foreign birth who shall have declared on oath his intention to become a citizen of the United States under the laws thereof, and who shall be found within the United States at any time during the continuance of the present insurrection and rebellion, at or after the expiration of the period of sixty-five days from the date of this Proclamation, nor shall any such plea of alienage be allowed in favor of any such person who has so, as aforesaid, declared his intention to become a citizen of the United States, and shall have exercised at any time the right of suffrage, or any other political franchise, within the United States, under the laws thereof, or under the laws of any of the several states. In witness whereof I have hereunto set my hand, and caused the seal of the United States to be affixed. 733 Done at the city of Washington, this eighth day of May, in the year of [l. s.] our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States the eighty-seventh. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 5 13 Stat. 733 June 15, 1863 Digitization Vendor By the President of the United States of America A Proclamation No. 5. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: June 15, 1863. A PROCLAMATION. Whereas, the armed insurrectionary combinationsPreamble. now existing in several of the states are threatening to make inroads into the States of Maryland, Western Virginia, Pennsylvania, and Ohio, requiring immediately an additional military force for the service of the United States: Now, therefore, I, Abraham Lincoln, President of the United StatesOne hundred thousand militia called into service for six mondis, unless, &c., from —Maryland.Pennsylvania.Ohio.West VirginiaHow to be mustered.Places of rendezvous.How organized.States to be credited. and Commander-in-Chief of the Army and Navy thereof, and of the militia of the several states when called into actual service, do hereby call into the service of the United States one hundred thousand militia from the states following, namely: from the State of Maryland, ten thousand; from the State of Pennsylvania, fifty thousand; from the State of Ohio, thirty thousand; from the State of West Virginia, ten thousand, to be mustered into the service of the United States forthwith, and to serve for the period of six months from the date of such muster into said service, unless sooner discharged; to be mustered in as infantry, artillery, and cavalry, in proportions which will be made known through the War Department, which department will also designate the several places of rendezvous. These militia to be organized according to the rules and regulations of the volunteer service and such orders as may hereafter be issued. The states aforesaid will be respectively credited under the enrolment act for the militia services rendered under this proclamation. 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 June, in the year [l. s.] of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States the eighty-seventh. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 6 13 Stat. 733 July 15, 1863 Digitization Vendor By the President of the United States of America A Proclamation No. 6. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: July 15, 1863. A PROCLAMATION. It has pleased Almighty God to hearken to the supplications and prayersPreamble. of an afflicted people, and to vouchsafe to the Army and the Navy of the United States victories on land and on the sea so signal and so effective as to furnish reasonable grounds for augmented confidence that the Union of these states will be maintained, their Constitution preserved, and their peace and prosperity permanently restored. But these victories have been accorded not without sacrifices of life, limb, health, and liberty, incurred by brave, loyal, and patriotic citizens. Domestic affliction in every part of the country follows in the train of these fearful bereavements. It is meet and right to recognize and confess the presence of the Almighty Father and the power of His band equally in these triumphs and in these sorrows. 734 Day of national thanksgiving, praise, and prayer appointed.Now, therefore, be it known that I do get apart Thursday, the 6th day of August next, to be observed as a day for National Thanksgiving, Praise, and Prayer, and I invite the people of the United States to assemble on that occasion in their customary' places of worship, and, in .the forms approved by their own consciences, render the homage due to the Divine Majesty for the wonderful things lie has done in the nation’s behalf, and invoke the influence of His Holy Spirit to subdue the anger which has produced and so long sustained a needless and cruel rebellion, to change the hearts of the insurgents, to guide the counsels of the government with wisdom adequate to so great a national emergency, and to visit with tender care and consolation throughout the length and breadth of our land all those who, through the vicissitudes of marches, voyages, battles, and sieges, have been brought to suffer in mind, body, or estate, and finally to lead the whole nation, through the paths of repentance and submission to the Divine Will, back to the perfect enjoyment of union and fraternal peace. In witness 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 July, in the year [l. s.] of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States of America the eighty-eighth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 7 13 Stat. 734 Sept. 15, 1863 Digitization Vendor By the President of the United States of America A Proclamation No. 7. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Sept. 15, 1863. A PROCLAMATION. Preamble.1863, ch. 81. Vol. xii. p. 755.Whereas, the Constitution of the United States has ordained that the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it; and whereas, a rebellion was existing on the third day of March, 1863, which rebellion is still existing; and whereas, by a statute which was approved on that day, it was enacted by the Senate and House of Representatives of the United States, in congress assembled, that during the present insurrection, the President of the United States, whenever in his judgment the public safety may require it, is authorized to suspend the privilege of the writ of habeas corpus in any ease throughout the United States, or any part thereof; and whereas, in the judgment of the President, the public safety does require that the privilege of the said writ shall now be suspended throughout the United States in the eases where, by the authority of the President of the United States, military, naval, and civil officers of the United States, or any of them, hold peinons under their command or in their custody, either as prisoners of war, spies, or aiders or abettors of the enemy, or officers, soldiers, or seamen enrolled or drafted or mustered or enlisted in, or belonging to, the land or naval forces of the United States, or as deserters therefrom, or otherwise amenable to military law, or the rules and articles of war, or the rules or regulations prescribed for the military or naval services by authority of the President of the United States, or for resisting a draft, or for any other offence against the military or naval service: Now, therefore, I, Abraham Lincoln, President of the United Writ of habeas corpus suspended.States, do hereby proclaim and make known to all whom it may concern, that the privilege of the writ of habeas corpus is suspended throughout the United States in the several cases before mentioned, and that this suspension will continue throughout the duration of the said rebellion, or until this proclamation shall, by a subsequent one to be issued by the President of the United States, be modified or revoked. And I do hereby require all magistrates, attorneys, and other civil officers within the United States, and all officers and others in the military and naval services of the United States, to take distinct notice of this suspension, and to give it full effect, and all citizens of the United States to conduct and govern 735themselves accordingly, and in conformity with the constitution of the United States and the laws of congress in such ease made and provided. In testimony whereof, I have hereunto set my band, and caused the seal of the United States to be affixed, this fifteenth day of September, in [l. s.] the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States of America the eighty-eighth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 8 13 Stat. 735 Sept. 24, 1863 Digitization Vendor By the President of the United States of America A Proclamation No. 8. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Sept. 24, 1863. A PROCLAMATION. Preamble.Whereas, in my proclamation of the twenty-seventh of April, 1861, the ports of the States of Virginia and North Carolina were, for reasons therein set forth, placed under blockade; and whereas the port of Alexandria, Virginia, has since been blockaded, but as the blockade of said port may now be safely relaxed with advantage to the interests of commerce: Now, therefore, be it known that I, Abraham Lincoln,Commercial intercourse with Alexandria permitted, subject, &c.1861, ch. 3, § 5.Vol. xii. p. 257. President of the United States, pursuant to the authority in me vested by the fifth section of the act of congress, approved on the 13th of July, 1861, entitled “ An act further to provide for the collection of duties on imports, and for other purposes,” do hereby declare that the blockade of the said port of Alexandria shall so far cease and determine, from and after this date that commercial intercourse with said port, except as to persons, things, and information contraband of war, may from this date be carried on, subject to the laws of the United States, and to the limitations and in pursuance of the regulations which are prescribed by the Secretary of the Treasury in his order which is appended to my proclamation of the 12th of May, 1862. In witness 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-fourth day of September, in [l. s.] the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States the eighty-eighth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 9 13 Stat. 735 Oct. 3, 1863 Digitization Vendor By the President of the United States of America A Proclamation No. 9. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Oct. 3, 1863. A PROCLAMATION. The year that is drawing toward its close has been filled with the blessingsDay of thanksgiving and praise set apart. of fruit fill fields and healthful skies. To these bounties, which are so constantly enjoyed that we are prone to target the source from which they come, others have been added, which are of so extraordinary a nature that they cannot fail to penetrate and soften the heart which is habitually insensible to the ever watchful providence of Almighty God. In the midst of a civil war of unequalled magnitude and severity, which has sometimes seemed to foreign states to invite and provoke their aggressions, peace has been preserved with all nations, order has been maintained, the laws have been respected and obeyed, and harmony has prevailed everywhere, 736except in fixe theatre of military conflict; while that theatre has been greatly contracted by the advancing armies and navies of the Union. Needful diversions of wealth and of strength from the fields of peaceful industry to the national defence have not arrested the plough, the shuttle, or the ship; the axe has enlarged the borders of our settlements, and the mines, as well of iron and coal as of the precious metals, have yielded even more abundantly than heretofore. Population has steadily increased, notwithstanding the waste that has been made in the camp, the siege, and the battlefield, and the country, rejoicing in the consciousness of augmented strength and vigor, is permitted to expect continuance of years with large increase of freedom. No human counsel hath devised, nor hath any mortal band worked out these great things. They are the gracious gifts of the Most High God, who, while dealing with us in anger for our sins, hath nevertheless remembered mercy. It has seemed to me fit and proper that they should be solemnly, reverently, and gratefully acknowledged as with one heart and one voice by the whole American people. I do, therefore, invite my fellow-citizens in every part of the United States, and also those who are at sea and those who are sojourning in foreign lands, to set apart and observe the last Thursday of November next as a Day of Thanksgiving and Praise to our beneficent Father who dwelleth in the heavens. And I recommend to them that, while offering up the ascriptions justly due to Him for such singular deliverances and blessings, they do also, with humble penitence for our national perverseness and disobedience, commend to His tender care all those who have become widows, orphans, mourners, or sufferers, in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the interposition of the Almighty hand to heal the wounds of the nation, and to restore it, as soon as may be consistent with the Divine purposes, to the full enjoyment of peace, harmony, tranquility, and union. 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 third day of October, in the year [l. s.] of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States the eighty-eighth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 10 13 Stat. 736 Oct. 17, 1863 Digitization Vendor By the President of the United States of America A Proclamation No. 10. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Oct. 17, 1863. A PROCLAMATION. Preamble.Whereas, the term of service of a part of the volunteer forces of the United States will expire during the coming year; and whereas, in addition to the men raised by' the present draft it is deemed expedient to call out three hundred thousand volunteers to serve for three years or the war, not however exceeding three years: Three hundred thousand men called for.Now, therefore, I, Abraham Lincoln, President of the United States and Commander-in-Chief of the Army and Navy thereof, and of the militia of the several states when called into actual service, do issue this my proclamation, calling upon the governors of the different states to raise and have enlisted into the United States service, for the various companies and regiments in the field from their respective states, their quotas of three hundred thousand men. Volunteers to receive advance pay, bounty, &c.I further proclaim that all volunteers thus called out and duly enlisted shall receive advance pay, premium, and bounty, as heretofore communicated to the governors of states by the War Department, through the provost-marshal general’s office, by special letters. to be credited to state.I further proclaim that all volunteers received under this call, as well as all others not heretofore credited, shall be duly credited on, and deducted from, the quotas established for the next draft. 737 I further proclaim that if anyIf state fails to raise its quota, deficiency to be filled by draft. state shall fail to raise the quota assigned to it by the War Department under this call, then a draft for the deficiency in said quota shall be made on said state, or on the distincts of said stale, for their due proportion of said quota; and the said draft shall commence on the fifth day of January, 1861. And I further proclaim thatExisting orders not interfered with. nothing in this proclamation shall interfere with existing orders, or those which may be issued, for the present draft in the states where it is now in progress, or where it has not yet commenced. The quotas of the states andQuotas of states and districts. districts will be assigned by the War Department, through the provost-marshal general’s office, due regard being had for the men heretofore furnished, whether by volunteering or drafting, and the recruiting will be conducted in accordance with such instructions as have been or may be issued by that department. In issuing this proclamation, I address myself not only to the governors of the several states, but also to the good and loyal people thereof, invoking them to lend their willing, cheerful, and effective aid to the measures thus adopted, with a view to reinforce our victorious armies now in the field, and bring our needful military operations to a prosperous end, thus closing forever the fountains of sedition and civil war. In witness 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 seventeenth day of October, in the [l. s.] year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States the eighty-eighth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 11 13 Stat. 737 Dec. 8, 1863 Digitization Vendor By the President of the United States of America A Proclamation No. 11. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Dec. 8, 1863.*Post,* p. 758. A PROCLAMATION. Whereas, in and by the Constitution ofPreamble. the United States, it is provided that the President “shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment;” and Whereas, a rebellion now exists whereby the loyal state governments of several states have for a long time been subverted, and many persons have committed. and are now guilty of, treason against the United States; and Whereas, with reference to said rebellion and treason, laws have been enacted by congress, declaring forfeitures and confiscation of property and liberation of slaves, all upon terms and conditions therein stated, and also declaring that the President was thereby authorized at any time thereafter, by proclamation, to extend to persons who may have participated in the existing rebellion, in any state or part thereof, pardon and amnesty, with such exceptions and at such times and on such conditions as he may deem expedient for the public welfare; and Whereas, the congressional declaration for limited and conditional pardon accords with well-established judicial exposition of the pardoning power; and Whereas, with reference to said rebellion, the President of the United States has issued several proclamations, with provisions in regard to the liberation of slaves; and Whereas, it is now desired by some persons heretofore engaged in said rebellion to resume their allegiance to the United States, and to reinaugurate loyal state governments within and for their respective states: Therefore — I, Abraham Lincoln, PresidentPardon granted to those in rebellion upon condition, &c. of the United States, do proclaim, declare, and make known to all persons who have, directly or by implication, participated in the existing rebellion, except as hereinafter excepted, that a full pardon is hereby granted to them and each of them, with restoration of all rights of property, except as to slaves, and in property eases where rights of third parties shall have intervened, and upon the condition that every such person shall 738take and subscribe an oath, and thenceforward keep and maintain said oath inviolate; and which oath shall be registered for permanent preservation, and shall be of the tenor and effect following, to wit: — " Form of oath.“I, __________ __________, do solemnly swear, in presence of Almighty God, that I will henceforth faithfully support, protect, and defend the Constitution of the United States and the Union of the States thereunder; and that I will, in like manner, abide by and faithfully support all acts of congress passed during the existing rebellion with reference to slaves, so long and so far as not repealed, modified, or held void by congress, or by decision of the supreme court; and that I will, in like manner, abide by and faithfully support all proclamations of the President made during the existing rebellion having reference to slaves, so long and so far as not modified or declared void by decision of the supreme court. So help me God.” " Persons excepted from amnesty.The persons excepted from the benefits of the foregoing prolusions are all who are, or shall have been, civil or diplomatic officers or agents of the so-called Confederate government; all who have left judicial stations under the United States to aid the rebellion; all who are, or shall have been,” military or naval officers of said so-called Confederate government above the rank of colonel in the army or of lieutenant in the navy; all who left seats in the United States congress to aid the rebellion; all who resigned commissions in the army or navy of the United States and afterwards aided the rebellion; and all who have engaged in any way in treating colored persons, or white persons in charge of such, otherwise than lawfully as prisoners of war, and which persons may have been found in the United States service as soldiers, seamen, or in any other capacity. Reestablishment of state government in certain states.And I do further proclaim, declare, and make known that whenever, in any of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee, Alabama, Georgia, Florida, South Carolina, and North Carolina, a number of persons, not less than one .tenth in number of the votes cast in such state at the presidential election of the year of our Lord one thousand eight hundred and sixty, each having taken the oath aforesaid, and not having since violated it, and being a qualified voter by the election law of the state existing immediately before the so-called act of secession, and excluding all others, shall reestablish a state government which shall be republican, and in nowise contravening said oath, such shall be recognized as the true government of the slate, and the state shall receive thereunder the benefits of the constitutional provision which declares that “the United States shall guaranty to every state in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or the executive, (when the legislature cannot be convened,) against domestic violence.” Provision as to freed men.And I do further proclaim, declare, and make known that any provision which may be adopted by such state government in relation to the freed people of such state, which shall recognize and declare their permanent freedom, provide for their education, and which may yet be consistent as a temporary arrangement with their present condition as a laboring, landless, and homeless class, will not be objected to by the National Executive. Name, &c., of state to be retained.And it is suggested as not improper that, in constructing a loyal state government in any state, the name of the state, the boundary, the subdivisions, the constitution, and, the general code of laws, as before the rebellion, be maintained, subject only to the modifications made necessary by the conditions herein before stated, and such others, if any, not contravening said conditions, and which may be deemed expedient by those framing the new state government. Proclamation does not refer to certain loyal states, &c.To avoid misunderstanding, it may be proper to say that this proclamation, so far as it relates to state, governments, bas no reference to states wherein loyal state governments have all the while been maintained. And, for the same reason, it may be proper to further say, that whether members sent to congress from any state shall be admitted to seats constitutionally rests exclusively with the respective houses, and not to any extent with the Executive. And stilt further, that this proclamation is intended to present the people of the states wherein the national authority has been suspended, and loyal state governments have been subverted, a mode in and by which the national authority and loyal state governments may be reestablished within said states, or in any of them; and, while the mode presented is the best the Executive can suggest, with his present impressions, it must not be understood that no other possible mode would be acceptable. Given under my hand at the city of Washington the eighth day of De-739[l. s.] cember, A. D. one thousand eight hundred and sixty-three, and of the Independence of the United States of America the eighty-eighth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 12 13 Stat. 739 Dec. 16, 1863 Digitization Vendor By the President of the United States of America A Proclamation No. 12. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Dec. 16, 1863. A PROCLAMATION. Preamble.Whereas, by an act of the congress of the United States of the 24th of May, one thousand eight hundred and twenty-eight, entitled “An act in addition1828, ch. iii. Vol. iv. p. 308. to an act entitled ‘An act concerning discriminating duties of tonnage and impost,’ and to equalize the duties on Prussian vessels and their cargoes,” it is provided that, upon satisfactory evidence being given to the President of the United States, by the government of any foreign nation, that no discriminating duties of tonnage or impost are imposed or levied in the ports of the said nation upon vessels wholly belonging to citizens of the United States, or upon the produce, manufactures, or merchandise imported in the same from the United States, or from any foreign country, the President is thereby authorized to issue his proclamation declaring that the foreign discriminating duties of tonnage and impost within the United States are and shall be suspended and discontinued, so far as respects the vessels of die said foreign nation, and the produce, manufactures, or merchandise imported into the United States in the same from the said foreign nation, or from any other foreign country; the said suspension to take effect from the time of such notification being given to the President of the United States, and to continue so long as the reciprocal exemption of vessels belonging to citizens of the United States, and their cargoes, as aforesaid, shall be continued, and no longer; And whereas, satisfactory evidence has lately been received by’ me, through an official communication of Senior Don Luis Molina, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Nicaragua, under date of the 28th of November, 1863, that no other or higher duties of tonnage and impost have been imposed or levied since the second day of August, 1838, in the ports of Nicaragua, upon vessels wholly belonging to citizens of the United States, and upon the produce, manufactures, or merchandise imported in the same from the United States, and from any foreign country whatever, than are levied on Nicaraguan ships and their cargoes in the same ports under like circumstances: Now, therefore, I, Abraham Lincoln, President of the United States of America, do hereby declare and proclaim, that so much of the several acts imposing discriminating duties of tonnage and impost within the United States are, and shall be, suspended and discontinued, so far as respects the vessels ofDiscriminating duties of tonnage, &c., as respects vessels of Nicaragua discontinued. Nicaragua, and the produce, manufactures, and merchandise imported into the United States in the same from the dominions of Nicaragua, and from any other foreign country whatever; the said suspension to take effect from the day above mentioned, and to continue thenceforward, so long as the reciprocal exemption of the vessels of the United States, and the produce, manufactures, and merchandise imported into the dominions of Nicaragua in the same, as aforesaid, shall be continued on the part of the government of Nicaragua. Given under my hand at the city of Washington, the sixteenth day of [l. s.] December, in the year of our Lord one thousand eight hundred and sixty-three, and the eighty-eighth of the Independence of the United States. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 13 13 Stat. 740 Feb. 18, 1864 Digitization Vendor By the President of the United States of America A Proclamation 740 No. 13. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Feb. 18, 1864. A PROCLAMATION. Preamble.Vol. xii. p. 1258Whereas, by my proclamation of the nineteenth of April, one thousand eight hundred and sixty-one, the ports of the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas were, for reasons therein set forth, placed under blockade; and whereas, the port of Brownsville, in the district of Brazos Santiago, in the State of Texas, has since been blockaded, but as the blockade of said port may now be safely relaxed with advantage to the interests of commerce: Blockade of Brownsville to cease—so far that, &c.1861, ch. 3, § 5.Vol. xii. p. 257. Now, therefore, be it known that I, Abraham Lincoln, President of the United States, pursuant to the authority in me vested by the fifth section of the act of congress, approved on the 13th of July, 1861, entitled “An act further to provide for the collection of duties on imports, and for other purposes,” do hereby declare that the blockade of the said port of Brownsville shall so far cease and determine from and after this date, that commercial intercourse with said port, except as to persons, things, and information hereinafter specified, may, from this date, be carried on, subject to the laws of the United States, to the regulations prescribed by the Secretary of the Treasury, and, until the rebellion shall have been suppressed, to such orders as may be promulgated by the general commanding the department, or by an officer duly Certain shipments, &c., not allowed.authorized by him and commanding at said port. This proclamation does not authorize or allow the shipment or conveyance of persons in, or intending to List of prohibited articles.enter, the service of the insurgents, or of things or information intended for their use, or for their aid or comfort, nor, except upon the permission of the Secretary of War, or of some officer duly authorized by him, of the following prohibited articles, namely: cannon, mortars, firearms, pistols, bombs, grenades, powder, saltpeter, Sulphur, balls, bullets, pikes, swords, boarding-caps, (always excepting the quantity of the said articles which may be necessary for the defence of the ship and those who compose the crew, ) saddles, bridles, cartridge-bag material, percussion and other caps, clothing adapted for uniforms, sailcloth of all kinds, hemp and cordage, intoxicating drinks, other than beer and light native wines. Licenses to vessels from foreign ports.To vessels clearing from foreign ports and destined to the port of Brownsville, opened by this proclamation, licenses will be granted by consuls of the United States upon satisfactory evidence that the vessel so licensed will convey no persons, property, or information excepted or prohibited above, either to or from the said port; which licenses shall be exhibited to the collector of said port immediately on arrival, and, if required, to any officer in charge of the blockade; and on leaving said port every vessel will be required to have a clearance from the collector of the customs, according to law, Violation of conditions to work forfeiture.showing no violation of the conditions of the license. Any violations of said conditions will involve the forfeiture and condemnation of the vessel and cargo, and the exclusion of all parties concerned from any further privilege of entering the United States during the war for any purpose whatever. In all respects, except as herein specified, the existing blockade remains in full force and effect as hitherto established and maintained, nor is it relaxed by this proclamation except in regard to the port to which relaxation is or has been expressly applied. In witness 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 eighteenth day of February, in the [l. s.] year of our Lord one thousand eight hundred and sixty-four, and of the Independence of the United States the eighty-eighth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 14 13 Stat. 741 March 26, 1864 Digitization Vendor By the President of the United States of America A Proclamation 741 No. 14. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: March 26, 1864.*Post,* p. 758. A PROCLAMATION. Preamble.Whereas, it has become necessary to define the cases in which insurgent enemies are entitled to the benefits of the proclamation of the President of the United*Ante,* p. 737. States, which was made on the eighth day of December, 1863, and the manner in which they shall proceed to avail themselves of those benefits; And whereas the objects of that proclamation were to suppress the insurrection and to restore the authority of the United States; and whereas the amnesty therein proposed by the President was offered with reference to these objects alone: Now, therefore, I, Abraham Lincoln, PresidentAmnesty proclamation doss not apply to persons in custody. of the United States of America, do hereby proclaim and declare that the said proclamation does not apply to the cases of persons who, at the time when they seek to obtain the benefits thereof by taking the oath thereby prescribed, are in military, naval, or civil confinement or custody, or under bonds, or on parole of the civil, military, or naval authorities, or agents of the United States, as prisoners of war, or persons detained for offences of any kind, either before or after conviction, and that on the contrary, it does apply only to those persons who, being yet at large, and free from any arrest, confinement, or duress, shall voluntarily come forward and take the said oath, with the purpose of restoring peace and establishing the national authority.Prisoners may apply to the President for clemency. Prisoners excluded from the amnesty offered in the said proclamation may apply to the President for clemency, like all other offenders, and their application will receive due consideration. I do further declare and proclaim that the oath prescribedOath may be taken before whom. in the aforesaid proclamation of the 8th of December, 1863, may be taken and subscribed before any commissioned officer, civil, military, or naval, in the service of the United States, or any civil or military officer of a state or territory not in insurrection, who, by the laws thereof, may be qualified for administering oaths. All officers who receive such oaths are hereby authorizedCertificates. to give certificates thereon to the persons respectively by whom they are made, and such officers are hereby required to transmit the original records of such oaths at as early a day as may be convenient, to the Department of State, where they will be deposited anil remain in the archives of the government. The Secretary of State willRegistry of certificates. keep a register thereof, and will, on application, in proper cases, issue certificates of such records in the customary form of official certificates. 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, the twenty-sixth day of March, in the [l. s.] year of our Lord one thousand eight hundred and sixty-four, and of the Independence of the United States the eighty-eighth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 15 13 Stat. 741 May 19, 1864 Digitization Vendor By the President of the United States of America A Proclamation No. 15. ABRAHAM LINCOLN, PRESIDENT OF THE UNITED STATES OF AMERICA. May 19, 1864. to all whom it may concern: An exequatur bearing date the third day of May, 1850, having been issued to Charles Hunt, a citizen of the United States, recognizing him as Consul of Belgium, for St. Louis, Missouri, and declaring him free to exercise and enjoy such functions, powers, and privileges as are allowed to the consuls of the most 742Exequatur of Charles Hunt, consul fur Belgium at St. Louis, revoked.favored nations in the United States; and the said Hunt having sought to screen himself from his military duty to his country in consequence of thus being invested with the consular functions of a foreign power in the United States, it is deemed advisable that the said Charles Hunt should no longer be permitted to continue in the exercise of said functions, powers, and privileges: These are, therefore, to declare, that I no longer recognize the said Charles Hunt as Consul of Belgium for Saint Louis, Missouri, and will not permit to exercise or enjoy any of the functions, powers, or privileges allowed to consuls of that nation; and that I do hereby wholly revoke and annul the said exequatur heretofore given, and do declare the same to be absolutely null and void, from this day forward. In testimony whereof, I have caused these letters to be made patent, and the seal of the United States of America to be hereunto affixed. Given under my hand at Washington, this nineteenth day of May, in [l. s.] the year of our Lord one thousand eight hundred and sixty-four, and the Independence of the United States of America the eighty-eighth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 16 13 Stat. 742 July 5, 1864 Digitization Vendor By the President of the United States of America A Proclamation No. 16. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: July 5, 1864. A PROCLAMATION. Preamble.Vol. xii. p. 1258.Whereas, by a proclamation which was issued on the 15th day of April, 1SG1, the President of the United States announced and declared that the laws of the United States had been for some time past, and then were, opposed, and the execution thereof obstructed, in certain states therein mentioned, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law; And whereas, immediately after the issuing of the said proclamation, the land and naval forces of the United States were put into activity to suppress the said insurrection and rebellion; And whereas the 1863, ch. 81. Vol. xii. p. 755.congress of the United States, by an act approved on the 3d day of March, 1863, did enact that during the said rebellion the President of the United States, whenever in his judgment the public safety may require it, is authorized to suspend the privilege of the writ of habeas corpus in any case throughout the United States, or in any part thereof; And whereas the said insurrection and rebellion still continue, endangering the existence of the constitution and government of the United States; And whereas the military forces of the United States are now actively engaged in suppressing the said insurrection and rebellion in various parts of the states where the said rebellion has been successful in obstructing the laws and public authorities, especially in the States of Virginia and Georgia: *Ante,* p. 734.And whereas, on the fifteenth day of September last, the President of the United States duly issued bis proclamation, wherein he declared that the privilege of the writ of habeas corpus should be suspended throughout the United States in the cases where, by the authority of the President of the United States, military, naval, and civil officers of the United States, or any of them, hold persons under their command or in their custody, either as prisoners of war, spies, or aiders or abettors of the enemy, or officers, soldiers, or seamen enrolled or drafted or mustered or enlisted in, or belonging to, the land or naval forces of the United States, or as deserters therefrom, or otherwise amenable to military law or the rules and articles of war, or the rules or regulations prescribed for the military or naval services by authority of the President of the United States, or for resisting a draft, or for any other offence against the military or naval service; And whereas many citizens of the State of Kentucky have joined the forces of the insurgents, and such insurgents have on several occasions entered the 743said State of Kentucky in large force, and, not without, aid and comfort furnished by disaffected and disloyal citizens of the United States residing therein, have not only greatly disturbed the public peace, but have overborne the civil authorities and made flagrant civil war, destroying property and life in various parts of that state; And whereas it has been made known to the President of the United States by the officers commanding the national armies, that combinations have been formed in the said State of Kentucky with a purpose of inciting rebel forces to renew the said operations of civil war within the said state, and thereby to embarrass the United States armies now operating in the said States of Virginia and Georgia, and even to endanger their safety: Now, therefore, I, Abraham Lincoln, President of theWrit of habeas corpus suspended and martial law established in Kentucky. United States, by virtue of the authority vested in me by' the constitution anti laws, do hereby declare that, in my judgment, the public safety especially requires that the suspension of the privilege of the writ of habeas corpus, so proclaimed in the said proclamation of the loth of September, 1863, be made effectual and be duly enforced in and throughout the said State of Kentucky,*Post,* p. 778. and that martial law be for the present established therein. I do, therefore, hereby require of the military officers in the said state that the privileges of the writ of habeas corpus be effectually suspended within the said state, according to the aforesaid proclamation, and that martial law be established therein, to take effect from the date of this proclamation, the said suspension and establishment of martial law to continue until this proclamation shall be revoked or modified, but not beyond the period when the said rebellion shall have been suppressed or come to an end. And I do hereby require and command, as well all military officers as all civil officers and authorities existing or found within the said State of Kentucky, to take notice of this proclamation, and to give full effect to the same. The martial law hereinLawful elections and proceedings of legislature not interfered with. proclaimed, and the things in that respect herein ordered, will not be deemed or taken to interfere with the holding of lawful elections, or with the proceedings of the constitutional legislature of Kentucky, or with the administration of justice in the courts of law existing therein between citizens of the United States in suits or proceedings which do not affect the military operations or the constituted authorities of the government of the United States. 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 July, in the year of our [l. s.] Lord one thousand eight hundred and sixty-four, and of the Independence of the United States the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 17 13 Stat. 743 July 7, 1864 Digitization Vendor By the President of the United States of America A Proclamation No. 17. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: July 7, 1864. A PROCLAMATION. Whereas the Senate and House of Representatives,Preamble.*Ante,* p. 415. at their last session, adopted a concurrent resolution, which was approved on the second day of July instant, and which was in the words following, namely: " “That the President of the United States be requested to appoint a day for humiliation and prayer by the people of the United States; that be request his constitutional advisers at the head of the executive departments to unite with him as chief magistrate of the nation, at the city of Washington, and the members of congress, and all magistrates, all civil, military, and naval officers, all soldiers, sailors, and marines, with all loyal and law-abiding people, to convene at their usual places of worship, or wherever they may be, to confess and to repent of their manifold sins; to implore the compassion and forgiveness of the Almighty, that, if consistent with Ilia will, the existing rebellion may be speedily suppressed, and the supremacy of the constitution and laws of the United States may be established throughout all the states; to implore Him, as the Supreme 744Ruler of the world, not to destroy us as a people, nor suffer us to be destroyed by the hostility or connivance of other nations, or by obstinate adhesion to our own counsels, which may be in conflict with His eternal purposes, and to implore Him to enlighten the mind of the nation to know and do His will, humbly believing that it is in accordance with His will that our place should be maintained as a united people among the family of nations; to implore Him to grant to our armed defenders and the masses of the people that courage, power of resistance, and endurance necessary to secure that result; to implore Him in Hia infinite goodness to soften the hearts, enlighten the minds, and quicken the consciences of those in rebellion, that they may lay down their arms and speedily return to their allegiance to the United States, that they may not be utterly destroyed, that the effusion of blood may be stayed, and that unity and fraternity may be restored, and peace established throughout all our borders:” " Day of national humiliation and prayer appointed.Now, therefore, I, Abraham Lincoln, President of the United States, cordially concurring with the congress of the United States in the penitential and pious sentiments expressed in the aforesaid resolution, and heartily approving of the devotional design and purpose thereof, do hereby appoint the first Thursday of August next to be observed by the people of the United States as a day of national humiliation and prayer. I do hereby further invite and request the heads of the executive departments of this government, together with all legislators, all judges and magistrates, and all other persons exercising authority in the land, whether civil, military, or naval, and ail soldiers, seamen, and marines in the national service, and all the other loyal and law-abiding people of the United States, to assemble in their preferred places of public worship on that day, and there and then to render to the Almighty and Merciful Ruler of the universe such homages and such confessions, and to offer to Him such supplications as the congress of the United States have, in their aforesaid resolution, so solemnly, so earnestly, and so reverently recommended. 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 seventh day of July, in the year of [l. s.] our Lord, one thousand eight hundred and sixty-four, and of the Independence of the United States the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 18 13 Stat. 744 July 8, 1864 Digitization Vendor By the President of the United States of America A Proclamation No. 18. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: July 8, 1864. A PROCLAMATION. Preamble.Whereas, at the late session, congress passed a bill to “ guarantee to certain states, whose governments have been usurped or overthrown, a republican form of government,” a copy of which is hereunto annexed; And whereas the said bill was presented to the President of the United States for his approval less than one hour before the *sine die* adjournment of said session, and was not signed by him; And whereas the said bill contains, among other things, a plan for restoring the states in rebellion to their proper practical relation in the Union, which plan expresses the sense of congress upon that subject, and which plan it is now thought fit to lay before the people for their consideration: Declaration of opinion as to the plan of restoration of the states in rebellion.Now, therefore, I, Abraham Lincoln, President of the United States, do for claim, declare, and make known, that, while I am (as I was in December as, when by proclamation I propounded a plan for restoration) unprepared by a formal approval of this bill, to be inflexibly committed to any single plan of restoration; and, while I am also unprepared to declare that the free state constitutions and governments already adopted and installed in Arkansas and Louisiana shall be set aside and held for nought, thereby repelling and discouraging the loyal citizens who have set up the same as to further effort, or to declare a constitutional competency in congress to abolish slavery in states, but am at the 745same time sincerely hoping and expecting that a constitutional amendment abolishing slavery throughout the nation may be adopted, nevertheless I am fully satisfied with the system for restoration contained in the bill as one very proper plan lor the loyal people of any state choosing to adopt it, and that I am, and at all times shall be, prepared to give the executive aid and assistance to any such people, so soon as the military resistance to the United States shall have been suppressed in any such state, and the people thereof shall have sufficiently returned to their obedience to the constitution and the laws of the United States, in which cases military governors will be appointed, with directions to proceed according to the bill. In testimony whereof, I have hereunto set thy hand, and caused the seal of the United States to be affixed. Done at the city of Washington this eighth day of July, in the year of our [l. s.] Lord one thousand eight hundred and sixty-four, and of the Independence of the United States the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. A Bill to guarantee to certain States whose Governments have been usurped or overthrown a Republican Form of Government. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That in the states declared in rebellionProvisional governor for states declared in rebellion. against the United States, the President shall, by and with the advice and consent of the Senate, appoint for each a provisional governor, whose pay and emoluments shall not exceed that of a brigadier-general of volunteers, who shall be charged with the civil administration of such state until a state government therein shall be recognized as hereinafter provided. Sec. 2. *And be it further enacted*, That so soon as the militaryProvisional governor to direct an enrolment of white male citizens, &c. resistance to the United States shall have been suppressed in any such state, and the people thereof shall have sufficiently returned to their obedience to the constitution and the laws of the United States, the provisional governor shall direct the marshal of the United States, as speedily as may he, to name a sufficient number of deputies, and to enroll all white male citizens of the United States, resident in the state in their respective counties, and to request each one to take the oath to support the constitution of the United States, and in bis enrolment to designate those who take and those who refuse to take that oath, which rolls shall be forthwith returned to the provisional governor; and if the persons taking that oath shall amount to a majority of the persons enrolled in the state, heElection of delegates to a convention. shall, by proclamation, invite the loyal people of the state to elect delegates to a convention charged to declare the will of the people of the state relative to the reestablishment of a state government subject to, and in conformity with, the constitution of the United States. Sec. 3. *And be it further enacted*, That the convention shall consistMembers of convention, apportionment, &c. of as many members as both houses of the last constitutional state legislature, apportioned by the provisional governor among the counties, parishes, or districts of the state, in proportion to the white population, returned as election’s, by the marshal,’ in compliance with the provisions of this act. The provisional governor shall, by proclamation, declare the number of delegates to be elected by each county, parish, or election district; name a day of election not less than thirtyTime and place of election. days thereafter; designate the places of voting in each county, parish, or district, conforming as nearly as may be convenient to the places used in the state elections next preceding the rebellion; appoint one or more commissioners to hold the election at each place of voting, and provide an adequate force to keep the peace during the election. Sec. 4. *And be it further enacted*, That the delegates shall beWho may vote in the election of delegates. elected by the loyal white male citizens of the United States of the age of twenty-one years, and resident at the time in the county, parish, or district in which they’ shall offer to vole, and enrolled as aforesaid, or absent in the military service of the United States, and who shall take and subscribe the oath of allegiance1862, ch. 123. Vol. xii. p. 502. to the United States in the form contained in the act of congress of July two, eighteen hundred and sixty-two; and all such citizens of the United States who are in the military service of the United States shall vote at the headquarters of their respective commands, under such regulations as may be prescribed by the pro-746visional governor for the taking and return of their votes; hut no person who has held or exercised any office, civil or military, state or confederate, under the rebel usurpation, or who has voluntarily borne arms against the United States, shall vote, or be eligible to be elected as delegate, at such election. Sec. 5. *And be it further enacted*, Commissioners of election to act. &c-That the said commissioners, or either of them, shall hold the election in conformity with this act, and, so far as may ba consistent therewith, shall proceed in the manner used in the state prior to the rebellion. Oath of allegiance, how and to whom administered.The oath of allegiance shall be taken and subscribed on the poll-book by every voter in the form above prescribed, but every person known by, or proved to, the commissioners to have held or exercised any office, civil or military, state or confederate, under the rebel usurpation, or to have voluntarily borne arms against the United States, shall be excluded, though he offer to take the oath: and in case any person who shall have borne arms against the United States shall offer to vote he shall be deemed to have borne arms voluntarily unless he shall prove the contrary by the testimony of a qualified voter. The Poll-book.poll-book, showing the name and oath of each voter, shall be returned to the provisional governor by the commissioners of election or the one acting, and the provisional governor shall canvass such returns, and declare the person having the highest number of votes elected. Sec. 6. *And be it further enacted*, Governor to convene the delegates, to administer the oath, and preside.That the provisional governor shall, by proclamation, convene the delegates elected as aforesaid, at the capital of the state, on a day not more than three months after the election, giving at least thirty days’ notice of such day. In ease the said capital shall in bis judgment be unlit, he shall in his proclamation appoint another place. He shall preside over the deliberations of the convention, and administer to each delegate, before taking his seat in the convention, the oath of allegiance to the United States in the form above prescribed. Sec. 7. *And be it further enacted*, Duty of convention.That the convention shall declare, on behalf of the people of the state, their submission to the constitution and laws of the United States, and shall adopt the following provisions, hereby prescribed by the United States in the execution of the constitutional duty to guarantee a republican form of government to every state, and incorporate them in the constitution of the state, that is to say: First. Fundamental provisions of constitution.No person who has held or exercised any office, civil or military, except offices merely ministerial, and military offices below the grade of colonel, state or confederate, under the usurping power, shall vote for or be a member of the legislature, or governor. Second. Involuntary servitude is forever prohibited, and the freedom of all persons is guaranteed in said state. Third. No debt, state or confederate, created by or under the sanction of the usurping power, shall be recognized or paid by the state. Sec. 8. *And be it further enacted*, Constitution, &c., when adopted to be submitted to the people.That when the convention shall have adopted those provisions, it shall proceed to reestablish a republican form of government, and ordain a constitution containing those provisions, which, when adopted, the convention shall by ordinance provide for submitting to the people of the state, entitled to vote under this law, at an election to be held in the manner prescribed by the act for the election of delegates; but at a time and place named by the convention, at which election the said electors, and none others, shall vote directly for or against such constitution and form of state government, and the returns of said election shall be made to the provisional governor, who shall canvass the same in the presence of the, electors, and if a majority of the votes cast shall be for the constitution and form of government, he shall certify the same, with a copy thereof, to the President of the United States, who, after obtaining the assent of congress, shall, by proclamation, recognize the government so established, and none other, as the constitutional government of the state, and from the date of such recognition, and not before, Senators and Representatives, and electors for President and Vice-President may be elected in such state, according to the laws of the state and of the United States. Sec. 9. *And be it further enacted*, If convention refuse to reestablish the state government on those conditions, governor to dissolve it.Another convention.That if the convention shall refuse to reestablish the state government on the conditions aforesaid, the provisional governor shall declare it dissolved; but it shall be the duty of the President, whenever he shall have reason to believe that a sufficient num her of the people of the state entitled to vote under this act, in number not less than a majority of those enrolled, as aforesaid, are willing to reestablish a state government on the conditions aforesaid, to direct the provisional governor to order another election of delegates to a convention for the purpose and in the manner prescribed in this act, and to proceed in all respects as hereinbefore provided, either to dissolve 747the convention, or to certify the state government reestablished by it to the President. Sec. 10. *And be it further enacted*, That, until the United StatesProvisional governor to enforce laws until, &c.; shall have recognized a republican form of state government, the provisional governor in each of said states shall see that this act, and the laws of the United States, and the laws of the state in force when the state government was overthrown by the rebellion, are faithfully executed within the state; but no law or usage whereby any person was heretofore held in involuntary servitude shall be recognized or enforced by any court or officer in such state, and the laws for the trial and punishment of white persons shall extend to all persons, and jurors shall have the qualifications of voters under this law for delegates to the convention. The President shall appoint such officers provided for by the laws of the state when its government was overthrown as he may find necessary to the civil administration of the state, all which officers shall be entitled to receive the fees and emoluments provided by the state laws for such officers. Sec. 11. *And be it further enacted*, That until the recognition of ato assess, levy, and collect taxes. state government as aforesaid, the provisional governor shall, under such regulations as he may prescribe, cause to be assessed, levied, and collected, for the year eighteen hundred and sixty-four, and every year thereafter, the taxes provided by the laws of such state to be levied during the fiscal year preceding the overthrow of the state government thereof, in the manner prescribed by the laws of the state, as nearly as may be; and the officers appointed, as aforesaid, are vested with all powers of levying and collecting such taxes, by distress or sale, as were vested in any officers or tribunal of the state government aforesaid for those purposes. The proceeds of such taxes shall be accounted for to the provisional governor, and be by him applied to the expenses of the administration of the laws in such state, subject to the direction of the President, and the surplus shall be deposited in the treasury of the United States to the credit of such state, to be paid to the state upon an appropriation therefor, to be made when a republican form of government shall be recognized therein by the United States. Sec. 12. *And be it further enacted*, That all persons held toPersons held to involuntary servitude, &c., to be free. involuntary servitude or labor in the states aforesaid are hereby emancipated and discharged therefrom, and they and their posterity shall be forever free. And if any such persons or their posterity shall be restrained of liberty, under pretense of any claim to such service or labor, the courts of the United States shall, on habeas corpus, discharge them Sec. 13. *And be it further enacted,* That if Penalty for restraining of liberty any one freed by this act, &c., with intent, &c.any person declared free by this act, or any law of the United States or any proclamation of the President, be restrained of liberty, with intent to be held in or reduced to involuntary servitude or labor, the penton convicted before a court of competent jurisdiction of such act shall be punished by fine of not less than fifteen hundred dollars, and be imprisoned not less than five nor more than twenty years. Sec. 14. *And be it further enacted*, That every person who shallPersons holding certain offices in the rebel service declared not to be citizens. hereafter hold or exercise any office, civil or military, except offices merely ministerial, and military offices below the grille of colonel, in the rebel service, state or confederate, is hereby declared not to be a citizen of the United States. 19 13 Stat. 747 July 18, 1864 Digitization Vendor By the President of the United States of America A Proclamation No. 19. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: July 18, 1864. A PROCLAMATION. Preamble.1864, ch. 237.*Ante,* p. 379.Whereas, by the act approved July 4, 1864, entitled “An act further to regulate and provide for the enrolling and calling out the national forces, and for other purposes,” it is provided that the President of the United States may, “at his discretion, at any time hereafter, call for any number of men, as volunteers, for the respective terms of one, two, and three years, for military service.” and “that in ease the quota, or any part thereof, of any town, township, ward of a city, precinct', or election district, or of a county not so subdivided, shall not be filled within the space of fifty days after such call, then the President shall immediately order a draft for one year to fill such quota, or any part thereof, which may be unfilled;” 748 And whereas the new enrolment heretofore ordered is so far completed as that the aforementioned act of congress may now be put in operation, for recruiting and keeping up the strength of the ‘armies in the field, for garrisons, and such military operations as may be required for the purpose of suppressing the rebellion and restoring the authority of the United States government in the insurgent states: 500.000 volunteers for the military service called for.Now, therefore, I, Abraham Lincoln, President of the United States, do issue this my call for five hundred thousand volunteers for the military service; provided, nevertheless, that this call shall be reduced by all credits which may be established under section 8 of the aforesaid act, on account of persons who have entered the naval service during the present rebellion, and by credits for men furnished to the military service in excess of calls heretofore made. Volunteers will lie accepted under this call for one, two, or three years, as they may elect, and will be entitled to the bounty provided by the law for the period of service for which they enlist. Draft for troops to fill quota to serve tor one year.And I hereby proclaim, order, and direct, that immediately after the fifth day of September, 1864, being fifty days from the date of this call, a draft for troops in serve for one year shall be had in every town, township, ward of a city, precinct, or election district, or county not so subdivided, to fill the quota which shall be assigned to it under this call, or any part thereof which may be unfilled by volunteers on the said fifth day of September, 1864. 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 eighteenth day of July, in the year [l. s.] of our Lord one thousand eight hundred and sixty-four, and of the Independence of the United States the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 20 13 Stat. 748 Aug. 18, 1864 Digitization Vendor By the President of the United States of America A Proclamation No. 20. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Aug. 18, 1864. A PROCLAMATION. Preamble.1850, ch. 79, § 16.Vol. ix. p. 511.Whereas the act of congress of the 28th of September, 1850, entitled “An act to create additional collection districts in the State of California, and to change the existing districts therein, and to modify the existing collection districts in the United States,” extends to merchandise warehoused under bond the privilege of being exported to the British North American Provinces, adjoining the United States, in the manner 1845, ch. 70, § 7.Vol. v. p. 751.prescribed in the act of congress of the 3d of March, 1845, which designates certain frontier ports through which merchandise may be exported, and further provides “that such other ports, situated on the frontiers of the United States adjoining the British North American Provinces, as may hereafter be found expedient, may have extended to them the like privileges, on the recommendation of the Secretary of the Treasury, and proclamation duly made by the President of the United States, specially designating the ports to which the aforesaid privileges are to be extended:” Newport, Vermont, made a port tor exportation to the British Provinces.Now, therefore, I, Abraham Lincoln, President of the United States of America, in accordance with the recommendation of the Secretary of the Treasury, do hereby declare and proclaim that the port of Newport, in the State of Vermont, is and shall be entitled to all the privileges in regard to the exportation of merchandise in bond to the British North American Provinces adjoining the United States, which are extended to the ports enumerated in the 7th section of the act of congress of the 3d of March, 1845, aforesaid, from and after the date of this proclamation. In witness whereof, I have hereunto set my band and caused the seal of the United States to be affixed. Done at the city of Washington this eighteenth day of August, in the [l. s.] year of our Lord one thousand eight hundred and sixty-four, and of the Independence of the United States of America the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 21 13 Stat. 749 Oct. 20, 1864 Digitization Vendor By the President of the United States of America A Proclamation 749 No. 21. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Oct. 20, 1864. A PROCLAMATION. It has pleased Almighty God to prolong our national life anotherDay of thanks giving and praise appointed. year, defending us with His guardian care against unfriendly designs from abroad, and vouchsafing to us in His mercy many and signal victories over the enemy, who is of our own household. It has also pleased our Heavenly Father to favor as well our citizens in their homes as our soldiers in their camps, and our sailors on the rivers and seas, with unusual health. He has largely augmented our free population by emancipation and by immigration, while He has opened to us new sources of wealth, and has crowned the labor of our working men in every department of industry with abundant rewards. Moreover, He has been pleased to animate and inspire our minds and hearts with fortitude, courage, and resolution sufficient lor the great trial of civil war into which we have been brought by our adherence as a nation to the cause of freedom and humanity, and to afford to us reasonable hopes of an ultimate and happy deliverance from all our dangers and afflictions: Now, therefore, I, Abraham Lincoln, President of the United States, do hereby appoint and set apart the last Thursday of November next as a day which I desire to be observed by all my fellow-citizens, wherever they may then be, as a day of thanksgiving and praise to Almighty God, the beneficent Creator and Ruler of the Universe. And I do farther recommend to my fellow-citizens aforesaid, that, on that occasion, they do reverently humble themselves in the dust; and from thence offer up penitent and fervent prayers and supplications to the Great Disposer of events for a return of the inestimable blessings of peace, union, and harmony throughout the land which it has pleased Him to assign as a dwelling-place for ourselves and for our posterity throughout all generations. 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 twentieth day of October, in the year [l. s.] of our Lord one thousand eight hundred and sixty-four, and of the independence of the United States the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 22 13 Stat. 749 Oct. 31, 1864 Digitization Vendor By the President of the United States of America A Proclamation No. 22. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA Oct. 31, 1864. A PROCLAMATION. Whereas the congress of the UnitedPreamble.1864, ch. 36.*Ante,* p. 30. States passed an act, which was approved on the 21 st day of March last, entitled “An act to enable the people of Nevada to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states; ” And whereas the said constitution and slate government have been formed, pursuant to the conditions prescribed by the fifth section of the act of congress aforesaid, and the certificate required by the said act, and also a copy of the constitution and ordinances, have been submitted to the President of the United States: Now, therefore, be it known, that I, Abraham Lincoln,Nevada admitted into the Union. President of the United States, in accordance with the duty imposed upon me by the act of congress aforesaid, do hereby declare and proclaim that the said State of Nevada is admitted into the Union on an equal footing with the original states. In witness 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, in the year 750[l. s.] of our Lord one thousand eight hundred and sixty-four, and of the Independence of the United States the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 23 13 Stat. 750 Nov. 19, 1864 Digitization Vendor By the President of the United States of America A Proclamation No. 23. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Nov. 19, 1864. A PROCLAMATION. Preamble.Vol. xii. p. 1258.Whereas by my proclamation of the nineteenth of April, one thousand eight hundred and sixty-one, it was declared that the ports of certain states, including those of Norfolk, in the State of Virginia, [and] Fernandina and Pensacola, in the State of Florida, were, for reasons therein set forth, intended to be placed under blockade; and whereas the said ports were subsequently blockaded accordingly, but having, for some time past, been in the military possession of the United States, it is deemed advisable that they should be opened to domestic and foreign commerce: Blockade of Norfolk, Fernandina, and Pensacola to so far cease that, &c.Now, therefore, be it known that I, Abraham Lincoln, President of the United States, pursuant to the authority in me vested by the fifth section of the act of congress approved on the 18th of July, 1861, entitled “An act further to provide for the collection of duties on imports, and for other purposes,” do hereby declare that the blockade of the said ports of Norfolk, Fernandina, and Pensacola shall so far cease and determine, from and after the first day of December next, that commercial intercourse with those ports, except as to persons, things, and information contraband of war, may, from that time, be carried on, subject to the laws of the United States, to the limitations, and in pursuance of the regulations which may be prescribed by the Secretary of the Treasury, and to such military and naval regulations as are now in force, or may hereafter be found” necessary. In witness 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 November, in the [l. s.] year of our Lord one thousand eight hundred and sixty-four, and of the Independence of the United States the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 24 13 Stat. 750 Dec. 19, 1864 Digitization Vendor By the President of the United States of America A Proclamation No. 24. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Dec. 19, 1864. A PROCLAMATION. Preamble.1864, ch. 237.*Ante*, p. 379.Whereas by the act approved July 4, 1864, entitled “An act further to regulate and provide for the enrolling and calling out the national forces, and for other purposes,” it is provided that the President of the United States may, “at his discretion, at any time hereafter, call for any number of men, as volunteers, for the respective terms of one, two, and three years, for military service,” and “that in case the quota, or any part thereof, of any town, township, ward of a city, precinct, or election district, or of any county not so subdivided, shall not be filled within the space of fifty” days after such call, then the President shall immediately order a draft for one year to fill such quota, or any part thereof, which may be unfilled;” And whereas by the credits allowed in accordance with the act of Congress, on the call for five hundred thousand men, made July 18th, 1864, the number of men to be obtained under that call was reduced to two hundred and eighty 751thousand; and whereas the operations of the enemy in certain states have rendered it impracticable to procure from them their full quotas of troops under said call; and whereas, from the foregoing causes, but two hundred and forty thousand men have been put into the army, navy, and marine corps under the said call of July 18, 1864, leaving a deficiency on that call of two hundred and sixty thousand (260,000): Now, therefore, I, Abraham Lincoln,Three hundred thousand volunteers called for. President of the United States of America, in order to supply the aforesaid deficiency, and to provide for casualties in the military and naval service of the United States, do issue this my call for three hundred thousand (300,000) volunteers to serve for one, two, or three years. The quotas of the states, districts, and sub-districts, under this call, will be assigned by the War Department through the bureau of the provost-marshal general of the United States, and,Draft to be made unless &c. “in ease the quota or any part thereof of any town, township, ward of a city, precinct, or election district, or of any county not so subdivided, shall not be filled” before the fifteenth day of February, eighteen hundred and sixty-live, then a draft shall be made to fill such quota, or any part thereof, under this call, which may be unfilled on said fifteenth day of February, 1865. 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 December, in the [l. s.] year of our Lord one thousand eight hundred and sixty-four, and of the Independence of the United States the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 25 13 Stat. 751 Jan. 10, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 25. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Jan. 10, 1865. A PROCLAMATION. Preamble.1850, ch. 79, § 16.Vol. ix. p. 511.Whereas the act of congress of the 28th of September, 1850, entitled “An act to create additional collection districts in the State of California, and to change the existing districts therein, and to modify the existing collection districts in the United States,” extends to merchandise warehoused under bond the privilege of being exported to the British North American Provinces adjoining the United States, in the manner1845, ch. 70, § 7.Vol. v. p. 751. prescribed in the act of congress of the 3d of March, 1845, which designates certain frontier ports through which merchandise may be exported, and further provides “ that such other ports situated on the frontiere of the United States, adjoining the British North American Provinces, as may hereafter be found expedient, may have extended to them the like privileges on the recommendation of the Secretary of the Treasury, and proclamation duly made by the President of the United States, specially designating the ports to which the aforesaid privileges are to be extended: ” Now, therefore, I, Abraham Lincoln, President of the United StatesSt. Albans, Vermont. of America, in accordance with the recommendation of the Secretary of the Treasury, do hereby declare and proclaim that the port of St. Albans, in the State of Vermont, is, and shall be, entitled to all the privileges in regard to the exportation of merchandise in bond to the British North American Provinces adjoining the United States, which are extended to the ports enumerated in the 7th section of the act of congress of the 3d of March, 1845, aforesaid, from and after the date of this proclamation. In witness 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 tenth day of January, in the year [l. s.] of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 26 13 Stat. 752 Feb. 17, 1865 Digitization Vendor By the President of the United States of America A Proclamation 752 No. 26. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Feb. 17, 1865. A PROCLAMATION. Preamble.Whereas objects of interest to the United States require that the Senate should be convened at twelve o’clock on the fourth of March next, to receive and act upon such communications as may be made to it on the part of the Executive: Extraordinary session of the Senate called for March 4, 1865.Now, therefore, I, Abraham Lincoln, President of the United States, have considered it to be my duty to issue this, my Proclamation, declaring that an extraordinary occasion requires the Senate of the United States to convene for the transaction of business at the Capitol, in the city of Washington, on the fourth day of March next, at twelve o’clock at noon on that day, of which all who shall at that time be entitled to act as members of that body are hereby required to take notice. Given under my hand and the seal of the United States, at Washington, the seventeenth day of February, in the year of our Lord one thousand [l. s.] eight hundred and sixty-five, and of the Independence of the United States of America the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 27 13 Stat. 752 March 11, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 27. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: March 11, 1865. A PROCLAMATION. Preamble.1865, ch. 79, § 21.*Ante,* p. 490.Whereas the twenty-first section of the act of congress, approved on the third instant, entitled “An act to amend the several acts heretofore passed to provide for the enrolling and calling out the national forces, and for other purposes,” requires “that in addition to the other lawful penalties of the crime of desertion from the military or naval service, all persons who have deserted the military or naval service of the United States who shall not return to said service, or report themselves to a provost-marshal within sixty days after the proclamation hereinafter mentioned, shall be deemed and taken to have voluntarily relinquished and forfeited their rights of citizenship and their rights to become citizens, and such deserters shall be forever incapable of holding any office oi trust or profit under the United States, or of exercising any' rights of citizens thereof; and all persons who shall hereafter desert the military or naval service, and all persons who, being duly enrolled, shall depart the jurisdiction of the district in which he is enrolled, or go beyond the limits of the United States with intent to avoid any draft into the military or naval service, duly ordered, shall be liable to the penalties of this section. And the President is hereby authorized and required forthwith, on the passage of this act, to issue his proclamation setting forth the provisions of this section, in which proclamation the President is requested to notify all deserters returning within sixty days as aforesaid that they shall be pardoned on condition of returning to their regiments and companies or to such other organizations as they may be assigned to, until they shall have served for a period of time equal to their original term of enlistment:” Deserters ordered to return.Now, therefore, be it known that I, Abraham Lincoln, President of the United States, do issue this my proclamation, as required by said act, ordering and requiring all deserters to return to their proper posts; and I do hereby notify them that all deserters who shall, within sixty days from the date of this proclamation, viz: on or before the tenth day of May, 1865, return to service or Pardon on condition, &c.report themselves to a provost-marshal, shall be pardoned, on condition that they return to their regiments and companies, or to such other organizations as they 753may be assigned to, and serve the remainder of their original terms of enlistment, and, in addition thereto, a period equal to the time lost by desertion. 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 eleventh day of March, in the [l. s.] year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 28 13 Stat. 753 March 17, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 28. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: March 17, 1865. A PROCLAMATION. Preamble.Whereas, reliable information has been received that hostile Indians within the limits of the United States have been furnished with arms and munitions of war by persons dwelling in conterminous foreign territory, and are thereby enabled to prosecute their savage warfare upon the exposed and sparse settlements of the frontier. Now, therefore, be it known that I, Abraham Lincoln, President of thePersons furnishing hostile Indians within the limits of the United States with arms to be arrested, &c. United States of America, do hereby proclaim and direct that all persons detected in that nefarious traffic shall be arrested and tried by court-martial at the nearest military post, and, if convicted, shall receive the punishment due to their deserts. In witness 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 seventeenth day of March, in the [l. s.] year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 29 13 Stat. 753 April 11, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 29. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: April 11, 1865. A PROCLAMATION. Preamble.Vol. xii. pp. 1258, 1259.Whereas, by my Proclamations of the nineteenth and twenty-seventh days of April, one thousand eight hundred and sixty-one, the ports of the United States in the States of Virginia. North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas, were declared to be subject to blockade; but whereas the said blockade has, in consequence of actual military occupation by this government, since been conditionally set aside or relaxed in respect to the ports of Norfolk and Alexandria, in the State of Virginia; Beaufort, in the State of North Carolina; Port Royal, in the State of South Carolina; Pensacola and Fernandina, in the State of Florida; and New Orleans, in the State of Louisiana; And whereas, by the fourth section of the act of congress,1861, ch. 3, § 4.Vol. xii. p. 257. approved on the thirteenth of July, eighteen hundred and sixty-one, entitled “An act further to provide for the collection of duties on imports and for other purposes,” the President, for the reasons therein set forth, is authorized to close certain ports of entry: Now, therefore, be it known, that I, Abraham Lincoln, President of theCertain ports close 1. United States, do hereby proclaim that the ports of Richmond, Tappahannock, 754Cherrystone, Yorktown, anti-Petersburg, in Virginia; of Camden, (Elizabeth City,) Edenton, Plymouth, Washington, Newbern, Ocracoke, and Wilmington, in North Carolina; of Charleston, Georgetown, and Beaufort, in South Carolina; of Savannah, St. Mary’s, and Brunswick, (Darien,) in Georgia; of Mobile, in Alabama; of Pearl River, (Shields borough,) Natchez, and Vicksburg, in Mississippi; of St Augustine, Key West, St. Mark’s, (Port Leon,) St. John’s, (Jacksonville,) and Apalachicola, in Florida; of Teche, (Franklin,) in Louisiana; of Galveston, La Salle, Brazos de Santiago, (Point Isabel,) and Brownsville, in Texas, are hereby closed, and all right of importation, warehousing, and other privileges, shall, in respect to the ports aforesaid, cease until they shall have again been opened by order of the President; and if, while said ports are so closed, any ship or vessel from beyond the United States, or having on board any articles subject to duties, shall attempt to enter any such port, the same, together with its tackle, apparel, furniture, and cargo, shall be forfeited to the United States. In witness 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 eleventh day of April, in the year [l. s.] of our Lord one. thousand eight hundred and sixty-five, and of the Independence of the United States of America the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 30 13 Stat. 754 April 11, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 30. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: April 11, 1865. A PROCLAMATION. Whereas, by my Proclamation of this date, the port of Key West, in the State of Florida, was inadvertently included among those which are not open to commerce; Port of Key West to remain open.Now, therefore, be it known, that I, Abraham Lincoln, President of the United States, do hereby declare and make known that the said port of Key West is and shall remain open to foreign and domestic commerce upon the same conditions by which that commerce has there hitherto been governed. 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 eleventh day of April, in the year [l. s.] of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 31 13 Stat. 754 April 11, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 31. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: April 11, 1865. A PROCLAMATION. Preamble.Whereas, for some time past, vessels of war of the United States have been refused, in certain foreign ports, privileges and immunities to which they were entitled by treaty, public law, or the comity of nations, at the same time that vessels of war of the country wherein the said privileges and immunities have been withheld have enjoyed them fully and uninterruptedly in ports of the United States, which condition of things has not always been forcibly resisted by the United States, although, on the other hand, they have not at any time failed to protest against and declare their dissatisfaction with the same; [anil whereas] in the view of the United States, no condition any longer exists which 755can be claimed to justify the denial to them, by any one of such nations, of customary naval rights, as has heretofore been so unnecessarily persisted in: Now, therefore, I, Abraham Lincoln, President of theReciprocal hospitalities to vessels of war. United States, do hereby make known, that if, after a reasonable time shall have elapsed for intel ligence of this Proclamation to have reached any foreign country in whose ports the said privileges and immunities shall have been refused, as aforesaid, they shall continue to be so refused, then and thenceforth the same privileges and immunities shall be refused to the vessels of war of that country in the ports of the United States, and this refusal shall continue until war vessels of the United States shall have been placed upon an entire equality in the foreign ports afore said with similar vessels of other countries—the United States, whatever claim or pretence may have existed heretofore, are now, at least, entitled to claim and concede an entire and friendly equality of rights and hospitalities with all maritime nations. In witness 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 eleventh day of April, in the year [l. s.] of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the eighty-ninth. ABRAHAM LINCOLN. By the President: William H. Seward, Secretary of State. 32 13 Stat. 754 April 25, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 32. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: April 25, 1865. A PROCLAMATION. Preamble.Whereas, by my direction, the Acting Secretary of State, in a notice to the public of the seventeenth,11 to the people of the united states. The undersigned is directed toDay of the funeral ceremonies of Abraham Lincoln at Washington. announce that, the funeral ceremonies of the late lamented Chief Magistrate will take place at the Executive Mansion, in tins city, at twelve o’clock noon, on Wednesday, the tilth instant. The respective religious denominations throughout the country are invited to meet in their places of worship, at that hour, for the purpose of solemnizing the occasion with appropriate ceremonies. W. Hunter, Acting Secretary of State. *Department of State, Washington, April* 17, 1865. requested the various religious denominations to assemble on the nineteenth instant, on the occasion of the obsequies of Abraham Lincoln, late President of the United States, and to observe the same with appropriate ceremonies, but whereas our country has become one great house of mourning, where the Head of the Family has been taken away; and believing that a special period should be assigned for again humbling ourselves before Almighty God, in order that the bereavement may be sanctified to the nation: Now, therefore, in order toDay of humiliation and mourning appointed. mitigate that grief on earth which can only be assuaged by communion with the Father in heaven, and in compliance with the wishes of senators and representatives in Congress, communicated to me by Resolutions adopted at the national Capitol, I, Andrew Johnson, President of the United States, do hereby appoint Thursday the twenty-fifth day of May next, to be observed, wherever in the United States the flag of the country may be respected, as a day of humiliation and mourning, and I recommend my fellow-citizens then to assemble in their respective places of worship, thereto unite in solemn service to Almighty God, in memory of the good man who has been removed, so that all shall be occupied at the same time, in contemplation of his virtues and in sorrow for his sudden and violent end. In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, the twenty-fifth day of April, in the [l. s.] year of our Lord one thousand eight hundred and sixty-five, and of the. Independence of the United States of America the eighty-ninth. ANDREW JOHNSON. By the President: W. Hunter, Acting Secretary of State. 33 13 Stat. 756 April 29, 1865 Digitization Vendor By the President of the United States of America A Proclamation 756 No. 33. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA April 29, 1865. A PROCLAMATION. Preamble.Whereas, by my Proclamation of the twenty-fifth instant, Thursday, the twenty-fifth day of next month, was recommended as a day for special humiliation and prayer in consequence of the assassination of Abraham Lincoln, late President of the United States, but, whereas, my attention has since been called to the fact that the day aforesaid is seared to large numbers of Christians as one of rejoicing for the Ascension of the Savior: Day of mourning postponed.Now, therefore, be it known, that I, Andrew Johnson, President of the United States, do hereby suggest, that the religious services, recommended as aforesaid, should be postponed until Thursday the first day of June next. 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-ninth day of April, in the [l. s.] year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the eighty-ninth. ANDREW JOHNSON. By the President: W. Hunter, Acting Secretary of State. 34 13 Stat. 756 May 2, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 34. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: May 2, 1865. A PROCLAMATION. Preamble.Whereas it appears, from evidence in the bureau of military justice, that the atrocious murder of the late President Abraham Lincoln, and the attempted assassination of the Honorable William H. Seward, Secretary of State, were incited, concerted, and procured by and between Jefferson Davis, late of Richmond, Virginia; and Jacob Thompson, Clement C. Clay, Beverly Tucker, George N. Saunders, William C. Cleary, and other rebels and traitors against the government of the United States, harbored in Canada: Rewards offered for the arrest of Jefferson Davis, and others, for conspiring to procure the murder of Abraham Lincoln.Now, therefore, to the end that justice may be done, I, Andrew Johnson, President of the United States, do offer and promise for the arrest of said persons, or either of them, within the limits of the United States, so that they can be brought to trial, the following rewards: One hundred thousand dollars for the arrest of Jefferson Davis. Twenty-five thousand dollars for the arrest of Clement C. Clay. Twenty-five thousand dollars for the arrest of Jacob Thompson, late of Mississippi. Twenty-five thousand dollars for the arrest of George N. Saunders. *Post,* p. 776.Twenty-five thousand dollars for the arrest of Beverly Tucker. Ten thousand dollars for the arrest of William C. Cleary, late clerk of Clement C. Clay. The Provost Marshal General of the United States is directed to cause a description of said persons, with notice of the above rewards, to be published. 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 second day of May, in the year of [l. s.] our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the eighty-ninth. ANDREW JOHNSON. By the President: W. Hunter, Acting Secretary of State. 35 13 Stat. 757 May 10, 1865 Digitization Vendor By the President of the United States of America A Proclamation 757 No. 35. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: May 10, 1865. A PROCLAMATION. Preamble.Vol. xii. p. 1258.Whereas the President of the United States, by his Proclamation of the nineteenth day of April, one thousand eight hundred and sixty-one, did declare certain States therein mentioned in insurrection against the government of the United States; And whereas armed resistance to the authority of this government in the said insurrectionary states may be regarded as virtually at an end, and the persons by whom that resistance, as well as the operations of insurgent cruisers, was directed, are fugitives or captives; And whereas it is understood that home of those cruisers are still infesting the high seas, and others are preparing to capture, burn, and destroy vessels of the United States: Now, therefore, be it known, that I, Andrew Johnson, President of theInsurgent cruisers to be arrested, &c. United States, hereby enjoin all naval, military, and civil officers of the United States, diligently to endeavor, by all lawful means, to arrest the said cruisers, and to bring them into a port of the United States, in order that they may be prevented from committing further depredations on commerce, and that the persons on board of them may no longer enjoy impunity for their crimes. And I do further proclaim and declare, that if, after aHospitalities to be refused to the public vessels of certain nations, showing hospitalities to insurgent cruiser after notice. reasonable time shall have elapsed for this Proclamation to become known in the ports of nations claiming to have been neutrals, the said insurgent cruisers and the persons on board of them shall continue to receive hospitality in the said ports, this government will deem itself justified in refusing hospitality to the public vessels of such nations in ports of the United States, and in adopting such other measures as may be deemed advisable towards vindicating the national sovereignty. In witness 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 tenth day of May, in the year of [l. s.] our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the eighty-ninth. ANDREW JOHNSON. By the President: W. Hunter, Acting Secretary of State. 36 13 Stat. 757 May 22, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 36. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: May 22, 1865. A PROCLAMATION. Preamble.*Ante,* p. 753.Whereas, by the Proclamation of the President of the eleventh day of April last, certain ports of the United States therein specified, which had previously been subject to blockade, were, for objects of public safety, declared, in conformity with previous special legislation of congress, to be closed against foreign commerce during the national will, to be thereafter expressed and made known by the President; and whereas events and circumstances have since occurred which, in my judgment, render it expedient to remove that restriction, except as to the ports of Galveston, La Salle, Brazos de Santiago, (Point Isabel,) and Brownsville, in the State of Texas: Now, therefore, be it known, that I, Andrew Johnson, President of thePorts formerly closed reopened, except, &c. United States, do hereby declare that the ports aforesaid, not excepted as above, shall be open to foreign commerce from and after the first day of July next; that commercial intercourse with the said ports may, from that time, be carried on, subject to the laws of the United States and in pursuance of such regulations as may be prescribed by the Secretary of the Treasury. If, however, any vessel from a foreign port shall enter any of the before-named excepted ports in the State of Texas, she will continue to be held liable to the penalties pre-758scribed by the act of congress approved on the thirteenth day of July, eighteen hundred and sixty-one, and the persons on board of her to such penalties as may be incurred, pursuant to the laws of war, for trading or attempting to trade with an enemy. Belligerent rights disallowed.And I, Andrew Johnson, President of the United States, do hereby declare and make known that the United States of America do, henceforth, disallow to all persons trailing, or attempting to trade, in any ports of the United States in violation of the laws thereof, all pretense of belligerent rights and privileges; and I give notice that from the date of this Proclamation, all such offenders will be held and dealt with as pirates. Certain restrictions upon trade removed.It is also ordered that all restrictions upon trade heretofore imposed in the territory of the United States east of the Mississippi River, save those relating to contraband of war, to the reservation of the rights of the United States to property purchased in the territory of an enemy, and to the twenty-five per cent, upon purchases of cotton, be removed. All provisions of the internal revenue law will be carried into effect under the proper officers. In witness 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-second day of May, in the [l. s.] year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the eighty-ninth. ANDREW JOHNSON. By the President: W. Hunter, Acting Secretary of State. 37 13 Stat. 758 May 29, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 37. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: May 29, 1865. A PROCLAMATION. Preamble.*Ante,* pp. 787, 741.Whereas the President of the United States, on the 8th day of December, A. D. eighteen hundred and sixty-three, and on the 26th day of March, A. D. eighteen hundred and sixty-four, did, with the object to suppress the existing rebellion, to induce all persons to return to their loyalty, and to restore the authority of the United States, issue proclamations offering amnesty and pardon to certain persons who had directly or by implication participated in the said rebellion; and whereas many persons who had so engaged in said rebellion have, since the issuance of said proclamations, failed or neglected to take the benefits offered thereby; and whereas many persons who have been justly deprived of all claim to amnesty and pardon thereunder, by reason of their participation, directly or by implication, in said rebellion, and continued hostility to the government of the United States since the date of said proclamations, now desire to apply for and obtain amnesty and companion: Amnesty and pardon granted, except, &c.To the end, therefore, that the authority of the government of the United States may be restored, and that peace, order, and freedom may be established, I, Andrew Johnson, President of the United States, do proclaim and declare that I hereby grant to all persons who have, directly or indirectly, participated in the existing rebellion, except as hereinafter excepted, amnesty and pardon, with restoration of all rights of property, except as to slaves, and except in cases where legal proceedings, under the laws of the United States providing for the confiscation of promptly of persons engaged in rebellion, have been instituted; but upon the condition, nevertheless, that every such poison shall take and subscribe the following oath, (or affirmation,) and thenceforward keep and maintain said oath inviolate; and which oath shall be registered for permanent preservation, and shall be of the tenor and effect following, to wit: " Form of oath.“I, __________, do solemnly swear, (or affirm,) in presence of Almighty God, that I will henceforth faithfully support, protect, and defend the Constitution of the United States, and the union of the States thereunder; and that I will, in like manner, abide by, and faithfully support all laws, and proclamations which have been made during the existing rebellion with reference to the emancipation of slaves. So help me God.” " Classes of persons excepted.The following classes of persons are excepted from the benefits of this Proclamation: — 759 1st. All who are or shall have been pretended civil or diplomatic officers, or otherwise domestic or foreign agents, of the pretended confederate government; 2d. All who left judicial stations under the United States to aid the rebellion; 3d. All who shall have been military or naval officers of said pretended confederate government above the rank of colonel in the army or lieutenant in the navy; 4th. All who left seats in the Congress of the United States to aid the rebellion; 5th. All who resigned or tendered resignations of their commissions in the army or navy of the United States to evade duty in resisting the rebellion; 6th. All who have engaged in any way in treating otherwise than lawfully as prisoners of war persons found in the United States service, as officers, soldiers, seamen, or in other capacities; 7th. All persons who have been, or are, absentees from the United States for the purpose of aiding the rebellion; 8th. All military and naval officers in the rebel service, who were educated by the government in the Military Academy at West Point or the United States Naval Academy; 9th. All persons who held the pretended offices of governors of states in insurrection against the United States; 10th. All persons who left their homes within the jurisdiction and protection of the United States, and passed beyond the federal military lines into the pretended confederate states for the purpose of aiding the rebellion; 11th. All persons who have been engaged in the destruction of the commerce of the United States upon the high seas, and all persons who have made raids into the United States from Canada, or been engaged in destroying the commerce of the United States upon the lakes and rivers that separate the British Provinces from the United States; 12th. All persons who, at the time when they seek to obtain the benefits hereof by taking the oath herein prescribed, are in military, naval, or civil confinement, or custody, or under bonds of the civil, military, or naval authorities, or agents of the United1 States as prisoners of war, or persons detained for offences of any kind, either before or after conviction; 13th. All persons who have voluntarily participated in said rebellion, and the estimated value of whose taxable property is over twenty thousand dollars; 14th. All persons who have taken the oath of amnesty as prescribed in the President’s Proclamation of December*Ante*, p. 737. 8th, A. D. 1863, or an oath of allegiance to the government, of the United States since the date of said Proclamation, and who have not thenceforward ke.pt and maintained the same inviolate. *Provided,* That, special application may be made to the President for pardonSpecial application may be made. by any person belonging to the excepted classes; and such clemency will be liberally extended as may be consistent with the facts of the case and the peace and dignity of the United States. The Secretary of State will establish rules and regulations11 Rules and Regulations established by the Secretary of State. Department of State, Washington, May 29, 1865. Sir: A copy of the President’s Amnesty Proclamation of this date is herewith appended. By a clause in the instrument, the Secretary of State is directed to establish rules and regulations for administering and recording the amnesty oath, so as to insure its benefits to the people and guard the government against fraud. Pursuant to this injunction, you are informed that die oath prescribed in the proclamation may be taken and subscribed before any commissioned officer, civil, military, or naval, in the service of the United States, or any civil or military officer of a loyal state or territory, who, by the laws thereof, may be qualified tor administering oaths. All officers who receive such oaths are hereby authorized to give certified copies thereof to the persons respectively by whom they were made. And such officers are hereby required to transmit the originals of such oaths, at as early a day as may be convenient, to this department, where they will be deposited, anil remain in the archives of the government. A register thereof will be kept in the department, and on application, in proper eases, certificates will he issued of such records in the customary form of official certificates. I am sir, Your obedient servant, WILLIAM H. SEWARD. for administeringSecretary of State to establish rules. and recording the said amnesty oath, so as to insure its benefit to the people, and guard the government against fraud. In testimony whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. 760 Done at the city of Washington, the twenty-ninth day of May, in the [l. s.] year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States the eighty-ninth. ANDREW JOHNSON. By the President: William H. Seward, Secretary of State. 38 13 Stat. 760 May 29, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 38. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: May 29, 1865. A PROCLAMATION. Preamble.Whereas the fourth section of the fourth article of the Constitution of the United States declares that the United States shall guarantee to every state in the Union a republican form of government, and shall protect each of them against invasion and domestic violence; and whereas the President of the United States is, by the constitution, made commander-in-chief of the army and navy, as well as chief civil executive officer of the United States, and is bound by solemn oath faithfully to execute the office of President of the United States, and to take care that the laws be faithfully executed; and whereas the rebellion, which has been waged by a portion of the people of the United States against the properly constituted authorities of the government thereof, in the most violent and revolting tone, but whose organized and armed forces have now been almost entirely overcome, has, in its revolutionary progress, deprived the people of the State of North Carolina of all civil government; and whereas it becomes necessary and proper to carry out and enforce the obligations of the United States to the people of North Carolina, in securing them in the enjoyment of a republican form of government: Provisional governor appointed for North Carolina.Now, therefore, in obedience to the high and solemn duties imposed upon me by the Constitution of the United States, and for the purpose of enabling the loyal people of said state to organize a state government, whereby justice may be established, domestic tranquility insured, and loyal citizens protected in all their rights of life, liberty, and property, I, Andrew Johnson, President of the United States, and commander-in-chief of the army and navy of the United States, do hereby appoint William W. Holden provisional His duty and authority.governor of the State of North Carolina, whose duty it shall be, at the earliest practicable period, to prescribe such rules and regulations as may be necessary and proper for convening a convention, composed of the gates to be chosen by that portion of the people of said state who are loyal to the United States, and no others, for the purpose of altering or amending the constitution thereof; and with authority to exercise, within the limits of said state, all the powers necessary and proper to enable such loyal people of the State of North Carolina to restore said state to its constitutional relations to the federal government, and to present such a republican form of state government as will entitle the state to the guarantee of the United States therefor, and its people to protection by the United States against invasion, insurrection, Qualifications of electors, and lor membership of convention.and domestic violence; *Provided* that, in any election that may be hereafter held for choosing delegates to any state convention as aforesaid, no person shall be qualified as an elector, or shall be eligible as a member of such convention, unless he shall have previously taken and subscribed the oath of amnesty, as set forth in the President’s Proclamation of May 29, A. D. 1865, and is a voter qualified as prescribed by the constitution and laws of the State of North Carolina in force immediately before the 20th day of May, A. D. 1861, the date of Convention, &c., to prescribe qualifications,.the so-called ordinance of secession; and the said convention, when convened, or the legislature that may be thereafter assembled, will prescribe the qualification of electors, and the eligibility of persons to hold office under the constitution and laws of the state,— a power the people of the several states composing the Federal Union have rightfully exercised from the origin of the government to the present time. And I do hereby direct — *First.* All the departments of the United States government to aid the provisional governor.That the military commander of the department, and all officers and persons in the military and naval service, aid and assist the said provisional governor in carrying into effect this Proclamation, and they are enjoined to abstain from, in any way, hindering, impeding, or discouraging the loyal people from the organization of a state government as herein authorized. 761 *Second.* That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the State Department, applicable to the geographical limits aforesaid. *Third.* That the Secretary of the Treasury proceed to nominate for appointment assessors of taxes, and collectors of customs and internal revenue, and such other officers of the Treasury Department as are authorized by law, and that in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the preference shall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But if suitable residents of the districts shall not be found, then persons residing in other states or districts shall be appointed. *Fourth.* That the Postmaster General proceed to establish post-offices and post-routes, and put into execution the postal laws of the United States within the said state, giving to loyal residents the preference of appointment; but if suitable residents are not found, then to appoint agents, &c., from other states. *Fifth.* That the district judge for the judicial district in which North Carolina is included proceed to hold courts within said state, in accordance with the provisions of the act of congress. The Attorney-General will instruct the proper officers to libel, and bring to judgment, confiscation, and sale, property subject to confiscation, and enforce the administration of justice within said state in all matters within the cognizance and jurisdiction of the federal courts. *Sixth.* That the Secretary of the Navy take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all acts of congress in relation to naval affairs having application to the said state. *Seventh.* That the Secretary of the Interior put in force the laws relating to the Interior Department applicable to the geographical limits aforesaid. 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-ninth day of May, in the [l. s.] year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States the eighty-ninth. ANDREW JOHNSON. By the President: William H. Seward, Secretary of State. 39 13 Stat. 761 June 13, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 39. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: June 13, 1865. A PROCLAMATION. Preamble.Whereas the fourth section of the fourth article of the Constitution of the United States declares that the United States shall guarantee to every state in the Union a republican form of government, and shall protect each of them against invasion and domestic violence; and whereas the President of the United States is, by the constitution, made commander-in-chief of the army and navy, as well as chief civil executive officer of the United States, and is bound by solemn oath faithfully to execute the office of President of the United States, and to take care that the laws be faithfully executed; and whereas the rebellion, which has been waged by a portion of the people of the United States against the properly constituted authorities of the government thereof, in the most violent and revolting form, but whose organized and aimed forces have now been almost entirely' overcome, has, in its revolutionary progress, deprived the people of the State of Mississippi of all civil government; and whereas it becomes necessary and proper to carry out and enforce the obligations of the United States to the people of Mississippi, in securing them in the enjoyment of a republican form of government: Now, therefore, in obedience to the high and solemn duties imposed upon meProvisional governor appointed for Mississippi. by the Constitution of the United States, and for the purpose of enabling the loyal people of said state to organize a state government, whereby justice may be established, domestic tranquillity insured, and loyal citizens protected in all their rights of life, liberty, and property, I, Andrew Johnson, President 762All the departments His duty and authority.of the United States government to ’ aid the provisional governor of the United States, and commander-in-chief of the army and navy of the United States, do hereby appoint William L. Sharkey, of Mississippi, provisional governor of the State of Mississippi, whose duty it shall be, at the earliest practicable period, to prescribe such rules and regulations as may be necessary and proper for convening a convention, composed of delegates to be chosen by that portion of the people of said state who are loyal to the United States, and no others, for the purpose of altering or amending the constitution thereof; and with authority to exercise, within the limits of said state, all the powers necessary and proper to enable such loyal people of the State of Mississippi to restore said state to its constitutional relations to the federal government, and to present such a republican form of state government as will entitle the state to the guarantee of the United States therefor, and its people to protection by the United States against invasion, insurrection, and domestic Qualifications of electors, and for membership of convention.violence; *Provided* that, in any election that may be hereafter held for choosing delegates to any state convention as aforesaid, no person shall be qualified as an elector, or shall be eligible as a member of such convention, unless he shall have previously taken and subscribed the oath of amnesty, as set forth in the President’s Proclamation of May 29, A. D. 1865, and is a voter qualified as prescribed by the constitution and laws of the State of Mississippi in force immediately before the ninth
(9th)Convention, &c. to prescribe qualifications, &c.of January, A. D. 1861, the date of the so-called ordinance of secession; and the said convention, when convened, or the legislature that may be thereafter assembled, will prescribe the qualification of electors, and the eligibility of persons to hold office under the constitution and laws of the state, — a power the people of the several states composing the Federal Union have rightfully exercised from the origin of the government to the present time. And I do hereby direct — *First.* All the departments of the United States government to aid the provisional governor.That the military commander of the department, and all officers and persons in the military and naval service, aid and assist the said provisional governor in carrying into effect this proclamation, and they are enjoined to abstain from, in any way, hindering, impeding, or discouraging the loyal people from the organization of a state government as herein authorized. *Second.* That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the State Department, applicable to the geographical limits aforesaid. *Third.* That the Secretary of the Treasury proceed to nominate for appointment assessors of taxes, and collectors of customs and internal revenue, and such other officers of the Treasury Department as are authorized by law, and put in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the preference shall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But if suitable residents of the district shall not be found, then persons residing in other states or districts shall be appointed. *Fourth.* That the Postmaster-General proceed to establish post-offices and post-routes, and put into execution the postal laws of the United States within the said state, giving to loyal residents the preference of appointment; but if suitable residents are not found, then to appoint agents, &c., from other states. *Fifth.* That the district judge for the judicial district in which Mississippi is included proceed to hold courts within said state, in accordance with the provisions of the act of Congress. The Attorney-General will instruct the proper officers to libel, and bring to judgment, confiscation, and sale, property subject to confiscation, and enforce the administration of justice within said state in all matters within the cognizance and jurisdiction of' the federal courts. *Sixth.* That the Secretary of the Navy take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all acts of Congress in relation to naval affairs having application to the said state. *Seventh.* That the Secretary of the Interior put in force the laws relating to the Interior Department applicable to the geographical limits aforesaid. 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 thirteenth day of June, in the year [l. s.] of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States the eighty-ninth. ANDREW JOHNSON. By the President: William H. Seward, Secretary of State. 40 13 Stat. 763 June 13, 1865 Digitization Vendor By the President of the United States of America A Proclamation 763 No. 40. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: June 13, 1865. A PROCLAMATION. Preamble.*Post,* p. 776.Whereas, by my Proclamation [Executive order] of the twenty-ninth of April, one thousand eight hundred and sixty-five, all restrictions upon internal, domestic, and commercial intercourse, with certain exceptions therein specified and set forth, were removed “in such parts of the States of Tennessee, Virginia, North Carolina, South Carolina, Georgia, Florida. Alabama, Mississippi, and so much of Louisiana as lies east of the Mississippi River, as shall be embraced within the lines of national military occupation”; And whereas, by*Ante,* p. 757. my Proclamation of the twenty-second of May, one thousand eight hundred and sixty-five, for reasons therein given, it was declared that certain ports of the United States which had been previously closed against foreign commerce, should, with certain specified exceptions, be reopened to such commerce on and after the first day of July next, subject to the laws of the United States, tftid in pursuance of such regulations as might be prescribed by the Secretary of the Treasury; And whereas I am satisfactorily informed that dangerous combinations against the laws of the United States no longer exist within the State of Tennessee; that the insurrection heretofore existing within said state has been suppressed; that within the boundaries thereof the authority of the United States is undisputed, and that such officers of the United States as have been duly commissioned are in the undisturbed exercise of their official functions: Now, therefore, be it known,Restrictions on trade, east of the Mississippi, removed,—contraband of war excepted. that I, Andrew Johnson, President of the United States, do hereby declare that all restrictions upon internal, domestic, and coastwise intercourse and trade, and upon the removal of products of states heretofore declared in insurrection, reserving and excepting only those relating to contraband of war, as hereinafter recited, and also those which relate to the reservation of the rights of the United States to property purchased in the territory of an enemy, heretofore imposed in the territory of the United States east of the Mississippi River, are annulled, and I do hereby direct that they be forthwith removed; and that, on and after the first day of July next, all restrictions upon foreign commerce with said ports, with the exception and reservation aforesaid, be likewise removed; and that the commerce of said states shall be conducted under the supervision of the regularly appointed officers of the customs provided by law; and such officers of the customs shall receive any captured and abandoned property that may be turned over to them, under the law, by the military or naval forces of the United States, and dispose of such property as shall be directed by the Secretary of the Treasury, The following articles contraband of war are excepted from the effect of this Proclamation: arms,-ammunition, all articles from which ammunition is made, and gray uniforms and cloth. And I hereby also proclaim andThe insurrection in Tennessee declared suppressed. declare that the insurrection, so far as it relates to and within the State of Tennessee, and the inhabitants of the said State of Tennessee as reorganized and constituted under their recently adopted constitution and reorganization, and accepted by them, is suppressed; and therefore, also, that all the disabilities and disqualifications attaching to said state and the inhabitants thereof consequent upon any proclamations issued by virtue of the1861, ch. 8.Vol. xii. p. 257. fifth section of the act entitled “An act further to provide for the collection of duties on imports, and for other purposes,” approved the thirteenth day of July, one thousand eight hundred and sixty-one, are removed. But nothing herein containedPenalties, &c., for treason not impaired.Former proclamations, &c., to be in force. shall be considered or construed as in anywise changing or impairing any of the penalties and forfeitures for treason heretofore incurred under the laws of the United States, or any of the provisions, restrictions, or disabilities set forth in my Proclamation bearing date the twenty-ninth day of May, one thousand eight hundred and sixty-five, or as impairing existing regulations for the suspension of the habeas corpus, and the exercise of military law in eases where it shall be necessary for the general public safety and welfare during the existing insurrection; nor shall this Proclamation*Ante*, p. 758. affect, or in any way impair, any laws heretofore passed by congress, and duly approved by the President, or any proclamations or orders issued by him during the aforesaid insurrection, abolishing slavery, or in any way affecting the relations of 764slavery, whether of persons or [of] property; but, on the contrary, all such laws and proclamations heretofore made or issued are expressly saved and declared to be in full force and virtue. 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 thirteenth day of June, in the [l. s.] year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the eighty-ninth. ANDREW JOHNSON. By the President: William H. Seward, Secretary of State. 41 13 Stat. 764 June 21, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 41. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: June 21, 1865. A PROCLAMATION. Preamble.Whereas the fourth section of the fourth article of the Constitution of the United States declares that the United States shall guarantee to every state in the Union a republican form of government, and shall protect each of them against invasion and domestic violence; and whereas the President of the United States is, by the constitution, made commander-in-chief of the army and navy, as well as chief civil executive officer of the United States, and is bound by solemn oath faithfully to execute the office of President of the United States, and to take care that the laws be faithfully executed; and whereas the rebellion, which has been waged by a portion of the people of the United States against the properly constituted authorities of the government thereof, in the most violent and revolting form, but whose organized and armed forces have now been almost entirely overcome, has, in its revolutionary progress, deprived the people of the State of Georgia of all civil government; and whereas it becomes necessary and proper to carry out and enforce the obligations of the United States to the people of Georgia, in securing them in the enjoyment of a republican form of government: Provisional governor appointed for Georgia.Now, therefore, in obedience to the high and solemn duties imposed upon me by the Constitution of the United States, and for the purpose of enabling the loyal people of said state to organize a state government, whereby justice may be established, domestic tranquillity insured, and loyal citizens protected in all their rights of life, liberty, and property, I, Andrew Johnson, President of the United States, and commander-in-chief of the army and navy of His duty and authority.the United States, do hereby appoint James Johnson, of Georgia, provisional governor of the State of Georgia, whose duty it shall be, at the earliest practicable period, to prescribe such rules and regulations as may be necessary and proper for convening a convention, composed of delegates to be chosen by that portion of the people of said state who are loyal to the United States, and no others, for the purpose of altering or amending the constitution thereof; and with authority to exercise, within the limits of said state, all the powers necessary and proper to enable such loyal people of the State of Georgia to restore said state to its constitutional relations to the federal government, and to present such a republican form of state government as will entitle the state to the guarantee of the United States therefor, and its people to Qualifications of electors, and for membership of convention.protection by the United States against invasion, insurrection, and domestic violence; *Provided *that, in any election that may be hereafter held for choosing delegates to any state convention as aforesaid, no person shall be qualified as an elector, or shall lie eligible as a member of such convention, unless he shall have previously taken and subscribed the oath of amnesty, as set forth in the President’s Proclamation of May 29, A. D. 1865, and is a voter qualified as prescribed by the constitution and laws of the State of Georgia in force immediately before the nineteenth
(19th)of January, A. D. 1861, the date of the so-Convention. &c., to prescribe qualification.called ordinance of secession; and the said convention, when convened, or the legislature that may be thereafter assembled, will prescribe the qualification of electors, and the'eligibility of persons to hold,office under the constitution and laws of the state, — a power the people of the several states composing the Federal Union have rightfully exercised from the origin of the government to the present time. 765 And I do hereby direct — *First.* That theAll the departments of the United States government to aid the provisional governor. military commander of the department, and all officers and persons in the military and naval service, aid and assist the said provisional governor in carrying into effect this Proclamation, and they are enjoined to abstain from, in any way, hindering, impeding, or discouraging the loyal people from the organization of a state government as herein authorized. *Second.* That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the State Department, applicable to the geographical limits aforesaid. *Third.* That the Secretary of the Treasury proceed to nominate for appointment assessors of taxes, and collectors of customs and internal revenue, and such other officers of the Treasury Department as are authorized by law, and put in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the preference shall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But if suitable residents of the districts shall not be found, then persons residing in other states or districts shall be appointed. *Fourth.* That the Postmaster-General proceed to establish post-offices and post-routes, and put into execution the postal laws of the United States within the said state, giving to loyal residents the preference of appointment; but if suitable residents are not found, then to appoint agents, &c., from other states. *Fifth.* That the district judge for the judicial district in which Georgia is included proceed to hold courts within said state, in accordance with the provisions of the act of congress. The Attorney-General will instruct the proper officers to libel, and bring to judgment, confiscation, and sale, property subject to confiscation, and enforce the administration of justice within said state in all matters within the cognizance and jurisdiction of the federal courts. *Sixth.* That the Secretary of the Navy take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all acts of congress in relation to naval affairs having application to the said state. *Seventh.* That the Secretary of the Interior put in force the laws relating to the Interior Department applicable to the geographical limits aforesaid. 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 seventeenth day of June, in the year [l. s.] of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States the eighty-ninth. ANDREW JOHNSON. By the President: William H. Seward, Secretary of State. 42 13 Stat. 765 June 21, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 42. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: June 21, 1865. A PROCLAMATION. Preamble.Whereas the fourth section of the fourth article of the Constitution of the United States dec la res that the United States shall guarantee to every state in the Union a republican form of government, and shall protect each of them against invasion anil domestic violence; and whereas the President of the United States is, by the constitution, made commander-in-chief of the army and navy, as well as chief civil executive officer of the United States, and is bound by solemn oath faithfully to execute the office of President of the United States, and to take care that the laws be faithfully executed; and whereas the rebellion, which has been waged by a portion of the people of the United States against the properly constituted authorities of the government thereof, in the most violent and revolting form, but whose organized and armed forces have now been almost entirely overcome, has, in its revolutionary progress, deprived the people of the State of Texas of all civil government; and whereas it becomes necessary and proper to carry out and enforce the obligations of the United States 766to the people of the State of Texas, in securing them in the enjoyment of a republican form of government: Provisional governor appointed for Texas.Now, therefore, in obedience to the high and solemn duties imposed upon me by the Constitution of the United States, and for the purpose of enabling the loyal people of said state to organize a state government, whereby justice may be established, domestic tranquillity insured, and loyal citizens protected in all their rights of life, liberty, and property, I, Andrew Johnson, President of the United States, and commander-in-chief of the army and navy of the United States, do hereby appoint Andrew J. Hamilton, of His duty and authority.Texas, provisional governor of the State of Texas, whose duty it shall be, at the earliest practicable period, to prescribe such rules and regulations as may be necessary and proper for convening a convention, composed of delegates to be chosen by that portion of the people of said state who are loyal to the United States, and no others, for the purpose of altering or amending the constitution thereof; and with authority to exercise, within the limits of said state, all the powers necessary and proper to enable such loyal people of the State of Texas to restore said state to its constitutional relations to the federal government, and to present such a republican form of state government as will entitle the state to the guarantee of the United States therefor, and its people to protection by the United States against invasion, insurrection, Qualification of electors, and for membership of the convention.and domestic violence; *Provided* that, in any election that may be hereafter held for choosing delegates to any state convention as aforesaid, no person shall be qualified as an elector, or shall be eligible as a member of such convention, unless he shall have previously taken and subscribed the oath of amnesty, as set forth in the President’s Proclamation of May 2b, A. D. 1865, and is a voter qualified as prescribed by the constitution and laws of the State of Texas in force immediately before the first [1st] day of February, A. D. 1861, the date of Convention. &c., to prescribe qualification.the so-called ordinance of secession; and the said convention, when convened, or the legislature that may be thereafter assembled, will prescribe the qualification of electors, and the eligibility of persons to bold office under the constitution and laws of the state,— a power the people of the several states composing the Federal Union have rightfully exercised from the origin of the government to the present time. And I do hereby direct, — *First.* All the departments of the United States government to aid the provisional governor.That the military commander of the department, and all officers and persons in the military and naval service, aid and assist the said provisional governor in carrying into effect this Proclamation, and they are enjoined to abstain from, in any way, hindering, impeding, or discouraging the loyal people from the organization of a state government as herein authorized. *Second.* That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the State Department, applicable to the geographical limits aforesaid. *Third.* That the Secretary of the Treasury proceed to nominate for appointment assessors of taxes, and collectors of customs and internal revenue, and such other officers of the Treasury Department as are authorized by law, and that in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the preference shaft be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But if suitable residents of the districts shall not be found, then persons residing in other slates or districts shall be appointed. *Fourth.* That the Postmaster-General proceed to establish post-offices and post-routes, and put into execution the postal laws of the United States within the said state, giving to loyal residents the preference of appointment; but if suitable residents are not found, then to appoint agents, &c., from other states. *Fifth.* That the district judge for the judicial district in which Texas is included proceed to hold courts within said state, in accordance with the provisions of the act of congress. The Attorney-General will instruct the proper officers to libel, and bring to judgment, confiscation, and sale, property subject to confiscation, and enforce the administration of justice within said state in all matters within the cognizance and jurisdiction of the federal courts. *Sixth.* That the Secretary of the Navy take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all acts of congress in relation to naval affairs having application to the said state. *Seventh.* That the Secretary of the Interior put in force the laws relating to the Interior Department applicable to the geographical limits aforesaid. In testimony whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. 767 Done at the city of Washington this seventeenth day of June, in the year [l. s.] of our Isard one thousand eight hundred and sixty-five, and of the Independence of the United States the eighty-ninth. ANDREW JOHNSON. By the President: William H. Seward, Secretary of State. 43 13 Stat. 767 June 21, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 43. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: June 21, 1865. A PROCLAMATION. Preamble.Whereas the fourth section of the fourth article of the Constitution of the United States declares that the United States shall guarantee to every state in the Union a republican form of government, and shall protect each of them against invasion and domestic violence; and whereas the President of the United States is, by the constitution, made commander-in-chief of the army and navy as well as chief civil executive officer of the United States, and is bound by solemn oath faithfully to execute the office of President of the United States, and to take care that the laws be faithfully executed; and whereas the rebellion, which has been waged by a portion of the people of the United States against the properly constituted authorities of the government thereof, in the most violent and revolting form, but whose organized and armed forces have now been almost entirely overcome, has, in its revolutionary progress, deprived the people of the State of Alabama of all civil government; and whereas it becomes necessary and proper to carry out and enforce the obligations of the United States to the people of Alabama, in securing them in the enjoyment of a republican form of government: Now, therefore, in obedienceProvisional governor appointed for Alabama. to the high and solemn duties imposed upon me by the Constitution of the United States, and for the purpose of enabling the loyal people of said state to organize a state government, whereby justice may be established, domestic tranquillity insured, and loyal citizens protected in all their rights of life, liberty, and property, I, Andrew Johnson, President of the United Slates, and commander-in-chief of the army and navy of the United States, do hereby appoint Lewis E. Parsons, of Alabama, provisional governor of the State of Alabama, whose duty it shall be, at the earliest practicable period, to prescribeHis duty and authority. such rules and regulations as may be necessary and proper for convening a convention, composed of delegates to be chosen by that portion of the people of said state who are loyal to the United States, and no others, for the purpose of altering or amending the constitution thereof; and with authority to exercise, within the limits of said state, all the powers necessary and proper to enable such loyal people of the State of Alabama to restore said state to its constitutional relations to the federal government, and to present such a republican form of state government as will entitle the state to the guarantee of the United States therefor, and its people to protection by the United States against invasion, insurrection, and domestic violence; *Provided* that, in anyQualification of electors, and for membership of the convention. election that may be hereafter held for choosing delegates to any state convention as aforesaid, no person shall be qualified as an elector, or shall be eligible as a member of such convention, unless he shall have previously taken and subscribed the oath of amnesty, as set forth in the President’s Proclamation of May 29, A. D. 1865, and is a voter qualified as prescribed by the constitution and laws of the State of Alabama in force immediately before the eleventh day of January, A. D. 1861, theConvention, &c., to prescribe qualification. date of the so-called ordinance of secession; and the said convention, when convened, or the legislature that may be thereafter assembled, will prescribe the qualification of electors, and the eligibility of persons to hold office under the constitution and laws of the state, — a power the people of the several slates composing the Federal Union have rightfully exercised from the origin of the government to the present time. And I do hereby direct, — *First.* That the military commander of the department, andAll the departments of the United States government to aid the provisional governor. all officers and persons in the military and naval service, aid and assist the said provisional governor in carrying into effect this Proclamation, and they are enjoined to abstain from, in any way, hindering, impeding, or discouraging the loyal people from the organization of a state government as herein authorized. 768 *Second.* That the Secretary of State proceed to pat in force all laws of the United States, the administration whereof belongs to the State Department, applicable to the geographical limits aforesaid. *Third.* That the Secretary of the Treasury proceed to nominate for appointment assessors of taxes, and collectors of customs and internal revenue, and Buch other officers of the Treasury Department as are authorized by law, and put in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the preference shall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But if suitable residents of the districts shall not be found, then persons residing in other states or districts shall be appointed. *Fourth.* That the Postmaster-General proceed to establish post-offices and post-routes, and put into execution the postal laws of the United States within the said state, giving to loyal residents the preference of appointment; but if suitable residents are not found, then to appoint agents, &c., from other states. *Fifth.* That the district judge for the judicial district in which Alabama is included proceed to hold courts within said state, in accordance with the provisions of the act of Congress. The Attorney-General will instruct the proper officers to libel, and bring to judgment, confiscation, and sale, property subject to confiscation, and enforce the administration of justice within said state in all matters within the cognizance and jurisdiction of the federal courts. *Sixth.* That the Secretary of the Navy take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all acts of Congress in relation to naval affairs having application to the said state. *Seventh.* That the Secretary of the Interior put in force the laws relating to the Interior Department applicable to the geographical limits aforesaid. 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-first day of June, in the [l. s.] year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States the eighty-ninth. ANDREW JOHNSON. By the President: William H. Seward, Secretary of State. 44 13 Stat. 768 June 23, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 44. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: June 23, 1865. A PROCLAMATION. Preamble.Vol. xii. pp. 1258, 1259.Whereas, by the proclamations of the President of the nineteenth and twenty-seventh of April, eighteen hundred and sixty-one, a blockade of certain ports of the United States was set on foot; but, whereas, the reasons for that measure have ceased to exist: Blockade rescinded.Now, therefore, be it known, that I, Andrew Johnson, President of the United States, do hereby declare and proclaim the blockade aforesaid to be rescinded as to all the ports aforesaid, including that of Galveston and other ports west of the Mississippi River, which ports will be open to foreign commerce *Ante*, p. 757.on the first of July next, on the terms and conditions set forth in my Proclamation of the twenty-second of May last. Purposes of the blockade.It is to be understood, however, that the blockade thus rescinded was an international measure for the purpose of protecting the sovereign rights of the United States. The greater or less subversion of civil authority in the region to which it applied, and the impracticability of at once restoring that in due efficiency, may, tor a season, make it advisable to employ the army and navy of the United States towards carrying the laws into effect, wherever such employment may be necessary. In testimony whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. 769 Done at the city of Washington, this twenty-third day of June, in the [l. s.] year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the eighty-ninth. ANDREW JOHNSON. By the President: William H. Seward, Secretary of State. 45 13 Stat. 769 June 24, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 45. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: June 24, 1865. A PROCLAMATION. Preamble.Whereas it has been the desire of the general government of the United States to restore unrestricted commercial intercourse between and in the several states, as soon as the same could be safely done in view of resistance to the authority of the United States by combinations of armed insurgents; And whereas that*Ante,* pp. 763, 768. desire has been shown in any proclamations of the twenty-ninth of April,11 Executive order. See *Post,* p. 776. one thousand eight hundred anti sixty-five, the thirteenth of June, one thousand eight hundred and sixty-five, and the twenty-third of June, one thousand eight hundred and sixty-five; And whereas it now seems expedient and proper to remove restrictions upon internal, domestic, and coastwise trade and commercial intercourse between and within the states and territories west of the Mississippi River: Now, therefore, be it known,Restrictions on trade west of the Mississippi River removed. that I, Andrew Johnson, President of the United States, do hereby declare that all restrictions upon internal, domestic, and coastwise intercourse and trade, and upon the purchase and removal of products of states and parts of states and territories heretofore declared in insurrection, lying west of the Mississippi River (excepting only those relating to property heretofore purchased by the agents, or captured by or surrendered to the forces of the United States, and to the transportation thereto or therein, on private account, of arms, ammunition, all articles from which ammunition is made, gray uniforms and gray cloth), are annulled; and I do hereby direct that they be forthwith removed; and also that the commerce of such states, and parts of states shall be conducted under the supervision of the regularly appointed officers of the customs, [who] shall receive any captured and abandoned property that may be turned over to them, under the law, by the military or naval forces of the United States, and dispose of the same in accordance with instructions on the subject, issued by the Secretary of the Treasury. 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-fourth day of June, in the [l. s.] year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the eighty-ninth. ANDREW JOHNSON. By the President: W. Hunter, Acting Secretary of State. 46 13 Stat. 769 June 30, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 46. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: June 30, 1865. A PROCLAMATION. Preamble.Whereas the fourth section of the fourth article of the Constitution of the United States declares that the United States shall guarantee to every state in the Union a republican form of government, and shall protect each of them against invasion anti domestic violence; and whereas the President of the United States is, by the constitution, made commander-in-chief of the army and navy, as 770well as chief civil executive officer of the United States, and is bound by solemn oath faithfully to execute the office of President of the United States, and to take care that the laws be faithfully executed; and whereas the rebellion, which has been waged by a portion of the people of the United States against the properly constituted authorities of the government thereof, in the most violent and revolting form, but whose organized and armed forces have now been almost entirely overcome, has, in its revolutionary progress, deprived the people of the State of South Carolina of all civil government; and whereas it becomes necessary and proper to cany out and enforce the obligations of the United States to the people ot South Carolina, in securing them in the enjoyment of a republican form of government: Provisional governor appointed for South Carolina.Now, therefore, in obedience to the high and solemn duties imposed upon me by the Constitution of the United States, and for the purpose of enabling the loyal people of said state to organize a state government, whereby justice may be established, domestic tranquillity insured, and loyal citizens protected in all their rights of life, liberty, and property, I, Andrew Johnson, President of the United States, and commander-in-chief of the army and now of His duty and authority.the United States, do hereby appoint Benjamin F. Perry, of South Carolina, provisional governor of the State of South Carolina, whose duty it shall be, at the earliest practicable period, to prescribe such rules and regulations as may be necessary and proper for convening a convention, composed of delegates to be chosen by that portion of the people of said state who are loyal to the United States, and no others, for the purpose of altering or amending the constitution thereof; and with authority to exercise, within the limits of said state, all the powers necessary and proper to enable such loyal people of the State of South Carolina to restore said state to its constitutional relations to the federal government, and to present such a republican form of state government as will entitle the state to the guarantee of the United States therefor, and its people to protection by the United States against Qualifications of electors, and of members of the convention.invasion, insurrection, and domestic violence; *Provided* that, in any election that may be hereafter held for choosing delegates to any state convention as aforesaid, no person shall be qualified as an elector, or shall be eligible as a member of such convention, unless he shall have previously taken and subscribed the oath of amnesty, as set forth in the President’s Proclamation of May 29, A. D., 1865, and is a voter qualified as prescribed by the constitution and laws of the State of South Carolina in force immediately Convention, &c., to prescribe qualifications, &c.before the seventeenth
(17th)day of November, A. D. 1860, the date of the so-called ordinance of secession; and the said convention, when convened, or the legislature that may be thereafter assembled, will prescribe the qualification of electors, and the eligibility of persons to hold office under the constitution and laws of the state, — a power the people of the several states composing the Federal Union have rightfully exorcised from the origin of the government to the present time. And I do hereby direct — *First.* All the departments of the United States government to aid the provisional governor.That the military commander of the department, and all officers and persons in the military and naval service, aid and assist the said provisional governor in carrying into effect this Proclamation, and they are enjoined to abstain from, in any way, hindering, impeding, or discouraging the loyal people from the organization of a state government as herein authorized. *Second.* That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the State Department, applicable to the geographical limits aforesaid. *Third.* That the Secretary of the Treasury proceed to nominate for appointment assessors of taxes, and collectors of customs and internal revenue, and such other officers of the Treasury Department as are authorized by law, and put in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the preference shall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But if suitable residents of the districts shall not be found, then persons residing in other states or districts shall be appointed. *Fourth.* That the Postmaster-General proceed to establish post-offices and post-routes, and put into execution the postal laws of the United States within the said state, giving to loyal residents the preference of appointment; but if suitable residents are not found, then to appoint agents, &c., from other states. *Fifth.* That the district judge for the judicial district in which South Carolina is included proceed to hold courts within said state, in accordance with the provisions of the act of congress. The Attorney-General will instruct the proper officers to libel, and bring to judgment, confiscation, and sale, property subject 771to confiscation, and enforce the administration of justice within said state in all matters within the cognizance and jurisdiction of the federal courts. *Sixth.* That the Secretary of the Navy take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all acts of congress in relation to naval affairs having application to the said state. *Seventh.* That the Secretary of the Interior put in force the laws relating to the Interior Department applicable to the geographical limits aforesaid. 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 thirtieth day of June, in the year of [l. s.] our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States the eighty-ninth. ANDREW JOHNSON. By the President: William H. Seward, Secretary of State. 47 13 Stat. 771 July 13, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 47. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: July 13, 1865. A PROCLAMATION. Preamble.Whereas the fourth section of the fourth article of the Constitution of the United States declares that the United States shall guarantee to every state in the Union a republican form of government, and shall protect each of them against invasion and domestic violence; and whereas the President of the United States is, by the constitution, made commander-in-chief of the army and navy, as well as chief civil executive officer of the United States, and is bound by solemn oath faithfully to execute the office of President of the United States, and to take care that the laws be faithfully executed; and whereas the rebellion, which has been waged by a portion of the people of the United States against the properly constituted authorities of the government thereof, in the most violent and revolting form, but whose organized and armed forces have now been almost entirely overcome, has, in its revolutionary progress, deprived the people of the State of Florida of all civil government; and whereas it becomes necessary and proper to carry out and enforce the obligations of the United States to the people of Florida, in securing them in the enjoyment of a republican form of government: Now, therefore, in obedience to the high and solemn duties imposed upon me by the Constitution of the United States, and for the purpose of enabling the loyal people of said state to organize a state government, whereby justice may be established, domestic tranquillity insured, and loyal citizens protected in all their rights of life, liberty, and property, I, Andrew Johnson, President of the United States, and commander-in-chief of the army and navy of the United States, do hereby appoint William Marvin provisional governor of the StateProvisional governor appointed for Florida.His duty and authority. of Florida, whose duty it shall be, at the earliest practicable period, to prescribe such rules and regulations as may be necessary and proper for convening a convention, composed of delegates to be chosen by that portion of the people of said state who are loyal to the United States, and no others, for the purpose of altering or amending the constitution thereof; and with authority to exercise, within the limits of said state, all the powers necessary and proper to enable such loyal people of the State of Florida to restore said state to its constitutional relations to the federal government, and to present such a republican form of state government as will entitle the state to the. guarantee of the United States therefor, and its people to protection by the United States against invasion, insurrection, and domestic violence;Qualifications of electors, and of members of the convention. *Provided* that, in any election that may be hereafter held for choosing delegates to any state convention as aforesaid, no person shall be qualified as an elector, or shall be eligible as a member of such convention, unless he shall have previously taken and subscribed the oath of amnesty, as set forth in the President's Proclamation of May 29, A. D. 1865, and is à voter qualified as prescribed by the constitution and laws of the State of Florida in force immediately before the 10th day of January, A. D. 1861, the date of the so-called ordinance of secession; and the said convention, when con-772vened, Convention, &c., to prescribe qualificntioti.or the legislature that may be thereafter assembled, will prescribe the qualification of electors, and the eligibility of persons to hold office under the constitution and laws of the state, — a power the people of the several states composing the Federal Union have rightfully exercised from the origin of the government to the present time. And I do hereby direct — *First.* All the departments of the United States government to aid the provisional governor.That the military commander of the department, and all officers and persons in the military and naval service, aid and assist the said provisional governor in carrying into effect this Proclamation, and they are enjoined to abstain from, in any way, hindering, impeding, or discouraging the loyal people from the organization of a state government as herein authorized. *Second.* That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the State Department, applicable to the geographical limits aforesaid. *Third.* That the Secretary of the Treasury proceed to nominate for appointment assessors of taxes, and collectors of customs and internal revenue, and such other officers of the Treasury Department as are authorized by law, and put in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the preference shall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But if suitable residents of the districts shall not be found, then persons residing in other states or districts shall be appointed. *Fourth.* That the Postmaster-General proceed to establish post-offices and post-routes, and put into execution the postal laws of the United States within the said state, giving to loyal residents the preference of appointment; but if suitable residents are not found, then to appoint agents, &c., from other states. *Fifth.* That the district judge for the judicial district in which Florida is included proceed to hold courts within said state, in accordance with the provisions of the act of congress. The Attorney-General will instruct the proper officers to libel, and bring to judgment, confiscation, and sale, property subject to confiscation,' and enforce the administration of justice within said state in all matters within the cognizance and jurisdiction of the federal courts. *Sixth.* That the Secretary of the Navy take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all acts of congress in relation to naval affaire having application to the said State. *Seventh.* That the Secretary of the Interior put in force the laws relating to the Interior Department applicable to the geographical limits aforesaid. 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 thirteenth day of July, in the year [l. s.] of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States the ninetieth. ANDREW JOHNSON. By the President: William H. Seward, Secretary of State. 48 13 Stat. 772 August 29, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 48. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: August 29, 1865. A PROCLAMATION. Preamble.*Ante*, pp. 763, 769.Whereas, by my proclamations of the thirteenth and twenty-fourth of June, one thousand eight hundred and sixty-five, removing restrictions, in part, upon internal, domestic, and coastwise intercourse and trade with those states recently declared in insurrection, certain articles were excepted from the effect of said All restrictions on trade removed.proclamations as contraband of war; and whereas the necessity for restricting trade in said articles has now, in a great measure, ceased: it is hereby ordered, that on and after the 1st day of September, 1865, all restrictions aforesaid be removed, so that the articles declared by the said proclamations to be contraband of war, may be imported into and sold in said states, subject only to such regulations as the Secretary of the Treasury may prescribe. 773 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-ninth day of August, in the [l. s.] year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the ninetieth. ANDREW JOHNSON. By the President: William H. Seward, Secretary of State. 49 13 Stat. 773 October 13, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 49. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: October 13, 1865. A PROCLAMATION. Preamble.*Ante,* p. 742.Whereas, by a Proclamation of the fifth day of July, one thousand eight hundred and sixty-four, the President of the United States, when the civil war was flagrant, and when combinations were in progress in Kentucky for the purpose of inciting insurgent raids into that state, directed that the Proclamation suspending the privilege of the writ of habeas corpus should be made effectual in Kentucky, and that martial law should be established there, and continue until said proclamation should be revoked or modified; and whereas since then the danger from insurgent raids into Kentucky has substantially passed away: Now, therefore, be it known, that I, Andrew Johnson, President of the United States, by virtue of the authorityMartial law to be no longer in force in Kentucky. vested in me by the constitution, do hereby declare that the said Proclamation of the fifth day of July, one thousand eight hundred and sixty-four, shall be, and is hereby, modified, in so far that martial law shall be no longer in force in Kentucky from and after the date hereof. 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 twelfth day of October, in the year [l. s.] of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the ninetieth. ANDREW JOHNSON. By the President: W. Hunter, Acting Secretary of State. 50 13 Stat. 773 October 28, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 50. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: October 28, 1865. A PROCLAMATION. Preamble.Whereas it has pleased Almighty God, during the year which is now coming to an end, to relieve our beloved country from the fearful scourge of civil war, and to permit us to secure the blessings of peace, unity, and harmony, with a great enlargement of civil liberty; And whereas our Heavenly Father has also, during the year, graciously averted from us the calamities of foreign war, pestilence, and famine, while our granaries are full of the fruits of an abundant season; And whereas righteousness exalteth a nation, while sin is a reproach to any people: Now, therefore, be it known, that I, Andrew Johnson,Day of national thanksgiving appointed. President of the United States, do hereby recommend to the people thereof that they do set apart and observe the first Thursday of December next as a day of national thanksgiving to the Creator of the universe for these great deliverances and blessings. And I do further recommend that on that occassion the whole people make confession of our national sins against His infinite goodness, and with one 774heart and one mind implore the Divine guidance in the ways of national virtue and holiness. In testimony whereof, I have hereunto net my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, this twenty-eighth day of October, in [l. s.] the year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the ninetieth. ANDREW JOHNSON. By the President: William H. Seward, Secretary of State. 51 13 Stat. 774 Dec. 1, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 51. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Dec. 1, 1865.Preamble. A PROCLAMATION. Whereas, by the Proclamation of the *Ante,* p. 734.President of the United States, of the fifteenth day of September, one thousand eight hundred and sixty-three, the privilege of the writ of habeas corpus was, in certain cases therein set forth, suspended throughout the United States; And whereas the reasons for that suspension may be regarded as having ceased in some of the states and territories: Suspension of the writ of habeas corpus, &c., revoked, except in certain states and territories, and the District of Columbia.Now therefore be it known, that I, Andrew Johnson, President of the United States, do hereby proclaim and declare, that the suspension aforesaid and all other proclamations and orders suspending the privilege of the writ of habeas corpus in the states and territories of the United States, are revoked and annulled, excepting as to the States of Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas, the District of Columbia, and the Territories of New Mexico and Arizona. In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of IVashington, this first day of December, in the year [l. s.] of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the ninetieth. ANDREW JOHNSON. By the President: William H. Seward, Secretary of State. 52 13 Stat. 774 Dec. 18, 1865 Digitization Vendor By the President of the United States of America A Proclamation No. 52. WILLIAM H. SEWARD, SECRETARY OF STATE OF THE UNITED STATES, Dec. 18, 1865.Preamble. To all to whom these presents may come, greeting: Know ye, that whereas the congress of the United States on the 1st of February last passed a resolution which is in the words following, namely: " “A resolution, submitting to the legislatures of the several states a proposition to amend the Constitution of the United States. *“Resolved by the Senate and House of Representatives of the United Slates of America in Congress assembled, (two thirds of both houses concurring,)* *Ante,* p. 567.That the following article be proposed to the legislatures of the several states as an amendment to the Constitution of the United States, which, when ratified by 775three fourths of said legislatures, shall be valid, to all intents and purposes, as a part of the said constitution, namely: “Article XIII. “Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. “Sec. 2. Congress shall have power to enforce this article by appropriate legislation.” " And whereas itAmendment to the constitution ratified by twenty-seven states appears from official documents on file in this department that the amendment to the Constitution of the United States proposed, as aforesaid, has been ratified by the legislatures of the States of Illinois, Rhode Island, Michigan, Maryland, New York, West Virginia, Maine, Kansas, Massachusetts, Pensylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, Alabama, North Carolina, and Georgia; in all twenty-seven states; And whereas the whole number of states in the United States is thirty-six; and whereas the before specially-named states, whose legislatures have ratified the said proposed amendment, constitute three fourths of the whole number of states in the United States: Now, therefore, be it known,Amendment valid. that I, William H. Seward, Secretary of State of the United States, by virtue and in pursuance of the second section of the act of congress, approved the twentieth of April, eighteen hundred and1818, ch. 80, § 2.Vol. iii. p. 439. eighteen, entitled “An act to provide for the publication of the laws of the United States and for other purposes,” do hereby certify that the amendment aforesaid has become valid, to all intents and purposes, as a part of the Constitution of the United States. In testimony whereof, I have hereunto set my hand, and caused the seal of the Department of State to be affixed. Done at the city of Washington, this eighteenth day of December, in the [l. s.] year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the ninetieth. William H. Seward, Secretary of State. EXECUTIVE ORDERS 1 13 Stat. 775 March 10, 1863 executiveOrders No. 1. Executive Mansion, *March* 10, 1863.March 10, 1863. In pursuance of the twenty-sixthSoldiers absent without leave to return to their regiments forthwith.1863, ch. 75, §26.Vol. xii. p. 735. section of the act of congress entitled “An act for enrolling and calling out the national forces, and for other purposes,” approved on the third day of March, in the year one thousand eight hundred and sixty-three, I, Abraham Lincoln, President and commander-in-chief of the army and navy of the United States, do hereby order and command, that all soldiers, enlisted or drafted into the service of the United States, now absent flora their regiments without leave, shall forthwith return to their respective regiments. And I do hereby declare andSoldiers reporting before April 1, 1863, at designated rendezvous, to be restored, &c.Others to be arrested as deserters. proclaim, that all soldiers now absent from their respective regiments without leave, who shall, on or before the first day of April, eighteen hundred and sixty-three, report themselves at any rendezvous designated by the General Orders of the War Department number fifty-eight, hereto annexed, may be restored to their respective regiments without punishment, except the forfeiture of pay and allowances during their absence; and all who do not return within the time above specified shall be arrested as desertera, and punished as the law provides. 776 Patriotic citizens exhorted to aid in restoring soldiers to their regiments.And whereas, evil disposed and disloyal persons at sundry places have enticed and procured soldiers to desert and absent themselves from their regiments, thereby weakening the strength of the armies and prolonging the war, giving aid and comfort to the enemy, and cruelly exposing the gallant and faithful soldiers remaining in the ranks to increased hardships and danger, I do therefore call upon all patriotic and faithful citizens to oppose and resist the aforementioned dangerous and treasonable crimes, and to aid in restoring to their regiments all soldiers absent without leave, and to assist in the execution of the act of congress for enrolling and calling out the national forces, and for other purposes, and to support the proper authorities in the prosecution and punishment of offenders against said act, and in suppressing the insurrection and rebellion. In testimony whereof, I have hereunto set my hand. Done at the city of Washington, this tenth day of March, in the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States the eighty-seventh. ABRAHAM LINCOLN. By the President: Edwin M. Stanton, Secretary of War. 2 13 Stat. 776 April 4, 1865 executiveOrders No. 2. *To all whom these presents may concern:*April 4, 1865.Preamble. Whereas, for some time past, evil-disposed persons have crossed the borders of the United States, or entered their ports by sea from countries where they are tolerated, and have committed capital felonies against the property and life of American citizens, as well in the cities as in the rural districts of the country: Rewards for the arrest of felons from foreign countries committing felonies in the United States.Now, therefore, in the name and by the authority of the President of the United States, I do hereby make known that a reward of one thousand dollars will be paid, at this Department, for the capture of each of such offenders upon his conviction by a civil or military tribunal, to whomsoever shall arrest and deliver such offenders into the custody of the civil or military authorities of the United States. And the like reward will be paid, upon the same terms, for the capture of any such persons so entering the United States, whose offences shall be committed subsequently to the publication of this notice. A reward of five hundred dollars will be paid, upon conviction, for the arrest of any person who shall have aided and abetted offenders of the class before named within the territory of the United States. Given under my hand, and the seal of the Department of State, at [l. s.] Washington, this fourth day of April, A. D. 1865. William H. Seward, Secretary of State. 3 13 Stat. 776 April 29, 1865 executiveOrders No. 3. Executive Chamber, Washington, *April* 29, 1865.April 29, 1865. Being desirous to relieve all loyal citizens and well-disposed persons residing in insurrectionary states from unnecessary commercial restrictions, and to encourage them to return to peaceful pursuits,— It is hereby ordered— I. Restrictions on trade in parts of states lately in rebellion, removed.That all restrictions upon internal, domestic, and coastwise commercial intercourse be discontinued in such parts of the States of Tennessee, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, and so much of Louisiana as lies east of the Mississippi River, as shall be embraced within the lines of national military occupation; excepting only such restrictions as are imposed by acts of congress and regulations in pursuance thereof, prescribed by the Secretary of the Treasury, and approved by the President; and excepting, also, from the effect of this order the following articles, contraband of war, to wit: Arms, ammunition, all articles from which ammunition is manufactured, gray uniforms and cloth, locomotives, cars, railroad iron, and 777machinery for operating railroads, telegraph wires, insulators, and instruments for operating telegraphic lines. II. That all existingFormer orders revoked. military and naval orders in any manner restricting internal, domestic, and coastwise commercial intercourse and trade, with or in the localities above named, be, and the same are hereby, revoked; and that no military or naval officer, in any manner, interrupt or interfere with the same, or with any boats or other vessels engaged therein, under proper authority, pursuant to the regulations of the Secretary of the Treasury. ANDREW JOHNSON. 4 13 Stat. 777 May 9, 1865 executiveOrders No. 4. Executive Chamber, Washington, *May* 9, 1865.May 9, 1865. *Ordered:* *First.* That all acts and proceedings of the political, military, and civilThe authority of the United States reestablished in Virginia. organizations which have been in a state of insurrection and rebellion, within the State of Virginia, against the authority and laws of the United States, and of which Jefferson Davis, John Letcher, and William Smith, were late the respective chiefs, are declared null and void. All persons who shall exercise, claim, pretend, or attempt to exercise any political, military, or civil power, authority, jurisdiction, or right, by, through, or under Jefferson Davis, late of the city of Richmond, and his confederates, or under John Letcher, or William Smith, and their confederates, or under any pretended political, military, or civil commission or authority issued by them, or either of them, since the 17th day of April, 1861, shall be deemed and taken as in rebellion against the United States, and shall be dealt with accordingly. *Second.* That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the Department of State, applicable to the geographical limits aforesaid. *Third.* That the Secretary of the Treasury proceed, without delay, to nominate for appointment, assessors of taxes and collectors of customs and internal revenue, and such other officers of the Treasury Department as are authorized by law, and shall put in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments the preference shall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But if suitable persons shall not be found, residents of the districts, then persons residing in other states or districts shall be appointed. *Fourth.* That the Postmaster-General shall proceed to establish post-offices and post-routes, and put into execution the postal laws of the United States within the said state, giving to loyal residents the preference of appointment; but if suitable persons are not found, then to appoint agents, &c., from other states. *Fifth.* That the district judge of said district proceed to hold courts within said state, in accordance with the provisions of the act of congress. The Attorney-General will instruct the proper officers to libel, and bring to judgment, confiscation, and sale, property subject to confiscation, and enforce the administration of justice within said state, in al) matters civil and criminal within the cognizance and jurisdiction of the federal courts. *Suth.* That the Secretary of War assign such assistant provostmarshal general and such provostmarshals in each district of said state as he may deem necessary. *Seventh.* The Secretary of the Navy will take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all acts of congress in relation to naval affairs having application to the said state. *Eighth.* The Secretary of the Interior will also put in force the laws relating to the Department of the Interior. *Ninth.* That to carry into effect the guarantee by the federal constitution of a republicanAid will be given to Governor Pierpont. form of state government, and afford the advantage and security of domestic laws, as well as to complete the reestablishment of the authority and laws of the United States, and the full and complete restoration of peace within the limits aforesaid, Francis H. Pierpont, governor of the State of Virginia, 778will be aided by the federal government, so far as may be necessary, in the lawful measures which he may take for the extension and administration of the state government throughout the geographical limits of said state. In testimony whereof, I have hereunto set my hand, and caused the seal [l. s.] of the United States to be affixed. ANDREW JOHNSON. By the President: W. Hunter, Acting Secretary of State. 5 13 Stat. 778 Nov. 24, 1865 executiveOrders No. 5. War Department, Adjutant-General’s Office, Washington, *November 24,* 1865.Nov. 24, 1865. General Orders No. 164. Claims for the reward for the apprehension of Booth and others, to be filed before January 1, 1866.*Ante*, p. 756.*Ordered*, That — 1. All persons claiming reward for the apprehension of John Wilkes Booth, Lewis Payne, G. A. Atzerodt, and David E. Harold, and Jefferson Davis, or either of them, are notified to file their claims and their proofs with the adjutant-genera], for final adjudication by the special commission appointed to award and determine upon the validity of such claims, before the first day of January next, after which time no claims will be received. 2. Offers of rewards for the arrest of Jacob Thompson and others revoked.The rewards offered for the arrest of Jacob Thompson, Beverly Tucker, George N. Saunders, William G. Cleary, and John H. Surratt, are revoked. By order of the President of the United States: E. D. Townsend, Assistant Adjutant-General
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Chapter CXLI
for the Relief of Benjamin Vreeland, Surgeon in the Navy of the United States
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