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8 Stat. 484 TREATY WITH MOROCCO.(*a*)(*a*) For the treaty with Morocco of January 1787, see ante, page 100. Sept. 16, 1836.Proclamation of the President of the U. S., Jan. 30, 1837. In the name of God, the merciful and element! Praise be to God! This is the copy of the Treaty of Peace which we have made with the Americana and written in this book; affixing thereto our blessed seal, that, with the help of God, it may remain firm forever. Written at Meccanez, the city of Olives, on the 3d day of the month Jumad el lahhar, in the year of the Hegira 1252. • (Corresponding to Sept. 16.
A. D. 1836.) Art. 1. Mutual agreement of the parties to the treaty.We declare that both parties have agreed that this treaty, consisting of twenty-five articles, shall be inserted in this book, and delivered to James R. Leib, agent of the United States, and now their resident consul at Tangier, with whose approbation it has been made, and who is duly authorized on their part, to treat with us, concerning all the matters contained therein. Art. 2. Neither party to lake commissions from an enemy.If either of the parties shall be at war with any nation whatever, the other shall not take a commission from the enemy, nor fight under their colors.
Art. 3. Persons, &c. of one party, captured in an enemy’s vessel, to be released.If either of the parties shall be at war with any nation whatever, and take a prize belonging to that nation, and there shall be found on board subjects or effects belonging to either of the parties, the subjects shall be set at liberty, and the effects returned to the owners. And if any goods, belonging to any nation, with whom either of the parties shall be at war, shall be loaded on vessels belonging to the other party, they shall pass free and unmolested, without any attempt being made to take or detain them.
Art. 4. Vessels to have passports.A signal, or pass, shall be given to all vessels belonging to both parties, by which they are to be known when they meet at sea; and if the commander of a ship of war of either party shall have other ships under his convoy, the declaration of the commander shall alone be sufficient to exempt any of them from examination. Art. 5. Visit of vessels at sea.If either of the parties shall be at war, and shall meet a vessel at sea belonging to the other, it is agreed, that if an examination is to be made, it shall be done by sending a boat with two or three men only: and if any gun shall be fired, and injury done, without reason, the offending party shall make good all damages.
Art. 6. American citizens and effects to be restored.If any Moor shall bring citizens of the United States, or their effects, to his Majesty, the citizens shall immediately be set at liberty, and the effects restored; and, in like manner, if any Moor, not a subject of these dominions, shall make prize of any of the citizens484TREATY WITH MOROCCO. 1836. 485 of America or their effects, and bring them into any of the ports of his Majesty, they shall be immediately released, as they will then be considered as under his Majesty’s protection.
Art. 7. If any vessel of either party, shall put into a port of theVessels in port to be supplied. other, and have occasion for provisions or other supplies, they shall be furnished without any interruption or molestation. Art. 8. If any vessel of the United States, shall meet with a disasterNo duty in case of vessels putting in to repair. at sea, and put into one of our ports to repair, she shall be at liberty to land and reload her cargo, without paying any duty whatever. Art. 9.
If any vessel of the United States, shall be cast on shore onStranded vessels to be protected. any part of our coasts, she shall remain at the disposition of the owners, and no one shall attempt going near her without their approbation, as she is then considered particularly under our protection; and if any vessel of the United States shall be forced to put into our ports by stress of weather, or otherwise, she shall not be compelled to land her cargo, but shall remain in tranquility until the commander shall think proper to proceed on his voyage.
Art. 10. If any vessel of either of the parties shall have an engagementVessels engaged within gunshot of forts to be protected. with a vessel belonging to any of the Christian Powers, within gun-shot of the forts of the other, the vessel so engaged, shall be defended and protected as much as possible, until she is in safety: and if any American vessel shall be cast on shore, on the coast of Wadnoon, or any coast thereabout, the people belonging to her, shall be protected and assisted, until by the help of God, they shall be sent to their country.
Art. 11. If we shall he at war with any Christian Power, and anyEnemy’s vessels not allowed to follow for 24 hours. of our vessels sails from the ports of the United States, no vessel belonging to the enemy shall follow, until twenty-four hours after the departure of our vessels: and the same regulations shall be observed towards the American vessels sailing from our ports, be their enemies Moors or Christians. Art. 12. If any ship of war belonging to the United States, shallShips of war not to be examined in port. put into any of our ports, she shall not be examined on any pretense whatever, even though she should have fugitive slaves on board, nor shall the governor or commander of the place compel them to be brought on shore on any pretext, nor require any payment for them.
Art. 13. If a ship of war of either party shall put into a port of theSalutes to be returned. other, and salute, it shall be returned from the fort with an equal number of guns, not more or less. Art. 14. The commerce with the United States, shall be on the sameAmerican commerce on the most favored footing. footing as is the commerce with Spain, or as that with the most favored nation for the time being; and their citizens shall be respected and esteemed, and have full liberty to pass and repass our country and seaports whenever they please, without interruption.
Art. 15. Merchants of both countries shall employ only such interpreters,Employment of interpreters, &c. and such other persons to assist them in their business, as they shall think proper. No commander of a vessel shall transport his cargo on board another vessel; he shall not be detained in port longer than He may think proper; and all persons employed in loading or unloading goods, or in any other labor whatever, shall be paid at the customary rales, not more and not less.
Art. 16. In case of a war between the parties, the prisoners are notExchange of prisoners. to be made slaves, but to be exchanged one for another, captain for captain, officer for officer, and one private man for another; and if there486 shall prove a deficiency on either side, it shall be made up by the payment of one hundred Mexican dollars for each person wanting. And it is agreed, that all prisoners shall be exchanged in twelve months from the time of their being taken, and that this exchange may be effected by a merchant, or any other person, authorized by either of the parties.
Art. 17. No compulsion in buying or selling.Merchants shall not be compelled to buy or sell any kind of goods but such as they shall think proper: and may buy and sell all sorts of merchandise but such as are prohibited to the other Christian/rations. Art. 18. No examination of goods on board, except, &c.All goods shall be weighed and examined before they are sent on board; and to avoid all detention of vessels, no examination shall afterwards be made, unless it shall first be proved that contraband goods have been sent on board; in which case, the persons who took the contraband goods on board, shall be punished according to the usage and custom of the country, and no other person whatever shall be injured, nor shall the ship or cargo incur any penalty or damage whatever.
Art. 19. No detention of vessels.No vessel shall be detained in port on any pretence whatever, nor be obliged to take on board any article without the consent of the commander, who shall be at full liberty to agree for the freight of any goods he takes on board. Art. 20. Disputes between Americans, &c. to be decided by the consul, &c.If any of the citizens of the United States, or any persons under their protection, shall have any dispute with each other, the consul shall decide between the parties; and whenever the consul shall require any aid, or assistance from our Government, to enforce his decisions, it shall be immediately granted to him.
Art. 21. Killing, &c. punishable by the law of the country.If a citizen of the United States should kill or wound a Moor, or, on the contrary, if a Moor shall kill or wound a citizen of the United States, the law of the country shall take place, and equal justice shall be rendered, the consul assisting at the trial; and if any delinquent shall make his escape, the consul shall not be answerable for him in any manner whatever. Art. 22. Persons dying intestate; care of their effects.If an American citizen shall die in our country, and no will shall appear, the consul shall take possession of his effects; and if there shall be no consul, the effects shall be deposited in the hands of some person worthy of trust, until the party shall appear who has a right to demand them; but if the heir to the person deceased be present, the property shall be delivered to him without interruption; and if a will shall appear the property shall descend agreeably to that will, as soon as the consul shall declare the validity thereof.
Art. 23. Residence of consul. [It is generally at Tangier.]The consul of the United States of America, shall reside in any seaport of our dominions that they shall think proper: and they shall be respected, and enjoy all the privileges which the consuls of any other nation enjoy: and if any of the citizens of the United States shall contract any debts or engagements, the consul shall not be in any manner accountable for them, unless he shall have given a promise in writing for the payment or fulfilling thereof; without which promise in writing, no application to him for any redress shall be made.
Art. 24. No appeal to arms until refusal of friendly arrangement.If any differences shall arise by either party infringing on any of the articles of this treaty, peace and harmony shall remain notwithstanding, in the fullest force, until a friendly application shall be made for an arrangement; and until that application shall be rejected, no appeal shall be made to arms. And if a war shall break out between the parties, nine months shall be granted to all the subjects of both parties, to dispose of their effects and retire with their property.
AndCONVENTION WITH PERU-BOLIVIA. 1836.487 it is further declared, that whatever indulgence, in trade or otherwise,In case of war, nine months allowed to settle affair a, &c. shall be granted to any of the Christian Powers, the citizens of the United States shall be equally entitled to them. Art. 25. This treaty shall continue in force, with the help of God,Treaty to last fifty years, &c. for fifty years: after the expiration of which term, the treaty shall continue to be binding on both parties, until the one shall give twelve months’ notice to the other, of an intention to abandon it; in which case, its operations shall cease at the end of the twelve months.
Consulate of the United States of America. I For the Empire of Morocco. } to all whom it may concern. Be it known. Whereas the undersigned, James R. Leib, a citizen of the United States of North America, and now their resident consul at Tangier, having been duly appointed commissioner, by *letters patent*, under the signature of the President and seal of the United States of North America, bearing date, at the city of Washington, the 4th day of July A. D. 1835, for negotiating and concluding a treaty of *peace and friendship* between the United States of North America and the Empire of Morocco;
I, therefore, James R. Leib, Commissioner as aforesaid, do conclude the foregoing treaty and every article and clause therein contained; reserving the same, nevertheless, for the final ratificationFinal ratification reserved for President U. S. of the President of the United States of North America, by and with the advice and consent of the Senate. In testimony whereof, I have hereunto affixed my signature, and the seal of this consulate, on the 1st day of October, in the year of our Lord one thousand eight hundred and thirty-six, and of the Independence of the United States the sixty-first.
JAMES R. LEIB, (l.s.) November 13, 1836 Convention 8 Stat. 487 GENERAL CONVENTION OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION, Between the United States of America and the Peru-Bolivian Confederation. Nov. 13, 1836.Ratifications exchanged. May 28, 1838. The United States of America and the Peru-Bolivian Confederation,Proclamation of the President of the U. S., Oct. 3, 1838.Peace and friendship. desiring to make firm and permanent the peace and friendship which happily subsist between them, have resolved to fix, in a clear, distinct, and positive manner, the rules which shall, in future, be religiously observed between the one and the other, by means of a treaty, or general convention of peace, friendship, commerce, and navigation.
For this desirable purpose, the President of the United States ofNegotiators. America has conferred full powers on Samuel Larned, Chargé d’Affaires of the said States, near the Government of Peru; and the Supreme Protector of the north and south Peruvian States, President of the Republic of Bolivia, encharged with the direction of the foreign relations of the Peru-Bolivian Confederation, has conferred like powers on John Garcia del Rio, Minister of State in the Department of Finance488 Full powers exchanged.of the north Peruvian State; who, after having exhibited to each other their respective full powers, found to be in due and proper form, and exchanged certified copies thereof, have agreed to the following articles, to wit:
ARTICLE I. Firm and inviolable peace.There shall be a perfect, firm and inviolable peace, and sincere friendship, between the United States of America and the Peru-Bolivian Confederation, in all the extent of their respective territories and possessions, and between their people and citizens, respectively, without distinction of persons or places. ARTICLE II. Favors granted to other nations shall become common.The United States of America and the Peru-Bolivian Confederation, desiring to live in peace and harmony, as well with each other as with all the nations of the earth, by means of a policy frank, and equally friendly with all, engage, mutually, not to concede any particular favor to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party to this treaty; who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional.
ARTICLE III. Citizens placed on the footing of the most favored nation, with regard to commerce and navigation.The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries on the libera] basis of perfect equality with the most favored nation, mutually agree that the citizens of each may frequent with their vessels, all the coasts and countries of the other, and may reside and trade there in all kinds of produce, manufactures, and merchandize, not prohibited to all; and shall pay no other or higher duties, charges or fees, whatsoever, either on their vessels or cargoes, than the citizens or subjects of the most favored [nation] are, or shall be, obliged to pay on their vessels and cargoes; and they shall enjoy, respectively, all the rights, privileges, and exemptions, in navigation and commerce, which the citizens or subjects of the most favored nation do or shall enjoy; they submitting themselves to the laws, decrees, and usages there established, to which such citizens or subjects are, of right, subjected.
Coasting trade excepted.But it is understood that the stipulations contained in this article do not include the coasting trade of either of the two countries; the regulation of this trade being reserved by the parties, respectively, according to their own separate laws. ARTICLE IV. Merchants and others free to manage their own business.It is likewise agreed, that it shall be wholly free for all merchants, commanders of ships, and other citizens of both countries, to manage, themselves, their own business in all the ports and places subject to the jurisdiction of the other, as well with respect to the consignment and sale of their goods and merchandize, as to the purchase of their returns, Citizens of neither liable to any embargo, &c.unloading, loading, and sending off of their vessels.
The citizens of neither of the contracting parties shall be liable to any embargo, nor to be detained with their vessels, cargoes, merchandize, or effects, for any military expedition, nor for any public or private purpose whatever, without being allowed therefor a sufficient indemnification. Neither shall they be called upon for any forced loan, or occasional contribu-tions; nor be subject to military service on land or sea. ARTICLE V. Protection to citizens of either party seekingWhenever the citizens of either of the contracting parties shall be forced to seek refuge, shelter, or relief, in the rivers, bays, ports, and dominions of the other, with their vessels, whether of war, (public or489 private,) of trade, or employed in the fisheries, through stress of weather,refuge in the dominions of the other. want of water or provisions, pursuit of pirates or enemies, they shall be received and treated with humanity; and alt favor and protection shah be given to them, in the repairing of their vessels, procuring of supplies, and placing of themselves in a condition to pursue their voyage, without obstacle or hindrance.
ARTICLE VI. Vessels, &c. captured by pirates, to be restored.All ships, merchandize, and effects belonging to citizens of one of the contracting parties, which may be captured by pirates, whether on the high seas, or within the limits of its jurisdiction, and may be carried, or found, in the rivers, roads, bays, ports, or dominions of the other, shall be delivered up to the owners, they proving, in due and proper form, their rights before the competent tribunals; it being understood that the claim should be made within the term of two years, by the parties themselves, their attornies, or the agents of their respective Governments.
ARTICLE VII. Assistance in case of wreck.Whenever any vessel belonging to the citizens of either of the contracting parties shall be wrecked, founder, or suffer damage, on the coasts, or within the dominions of the other, all assistance and protection shall be given to the said vessel, her crew, and the merchandize on board, in the same manner as is usual and customary with vessels of the nation where the accident happens, in like cases; and it shall be permitted to her, if necessary, to unload the merchandize and effects on board, with the proper precautions to prevent their illicit introduction, without exacting, in this case, any duty, impost, or contribution whatever, provided the same be exported.
ARTICLE VIII. The citizens of each of the contracting parties shall have power toPower to dispose of personal effects. dispose of their personal effects, within the jurisdiction of the other, by sale, donation, testament, or otherwise; and their representatives, being citizens of the other party, shall succeed to their said personal effects, whether by testament or *ab intestato*, and may take possession thereof, either themselves, or by others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein said effects are shall be subject to pay in like cases.
And if,Real estate. in the case of real estate, the said heirs should be prevented from entering into possession of the inheritance on account of their character as aliens, there shall be granted to them the term of three years in which to dispose of the same, as they may think proper, and to withdraw the proceeds, which they may do without obstacle, and exempt from all charges, save those which are imposed by the laws of the country. ARTICLE IX. Protection to persons and property.Both the contracting parties solemnly promise and engage to give their special protection to the persons and property of the citizens of each other, of all classes and occupations, who may be in the territories subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice, for their judicial recourse, on the same terms as are usual and customary with the natives or citizens of the country in which they may be; for which purpose they may employ, in defence of their rights, such advocates, solicitors, notaries, agents, and factors, as they may judge proper, in all their trials at law; and such citizens or agents shall have free opportunity to be present at the decisions and sentences of the tribunals, in all cases that may concern them; and, likewise, at the taking of all evidence and examinations that may be exhibited in the said trials. 490 No rights of citizens to be withdrawn, until, &c.And, to render more explicit, and make more effectual, the solemn promise and engagement herein before mentioned, under circumstances to which one of the parties thereto has heretofore been exposed, it is hereby further stipulated and declared, that all the rights and privileges which are now enjoyed by, or may hereafter be conferred on, the citizens of one of the contracting parties, by or in virtue of the constitution and laws of the other, respectively, shall be deemed and held to belong to, and inhere in, them, until such rights and privileges shall have been abrogated or withdrawn by an authority constitutionally or lawfully competent thereto.
ARTICLE X. Liberty of conscience secured.It is likewise agreed, that perfect and entire liberty of conscience shall be enjoyed, by the citizens of both the contracting parties, in the countries subject to the jurisdiction of the one and the other, without their being liable to be disturbed or molested on account of their religious belief, so long as they respect the laws and established usages of the country. Rites of burial.Moreover, the bodies of the citizens of one of the contracting parties, who may die in the territories of the other, shall be buried in the usual burying-grounds, or in other decent and suitable places, and shall be protected from violation or disturbance.
ARTICLE XI. Citizens of both parties at liberty to trade with the enemies of either, &c.It shall be lawful for the citizens of the United States of America and of the Peru-Bolivian Confederation, to sail with their ships, with all manner of liberty and security; no distinction being to be made who are the proprietors of the merchandise laden therein, from any port or places whatever, to the ports and places of those who are now, or hereafter shall be, at enmity with either of the contracting parties.
It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandise before mentioned, and to trade, with the same liberty and security, from the places, ports, and havens of those who are enemies of both, or of either party, without any opposition or disturbance whatsoever; not only directly from the places of the enemy before mentioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under Free ships to make free goods, contraband of war excepted.the jurisdiction of one power, or under that of several.
And it is hereby stipulated, that free ships shall give freedom to goods; and that every thing shall be deemed to be free and exempt, which shall be found on board of the ships belonging to the citizens of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either; goods contraband of war being always excepted. All persons on board a free ship to he free, except, &c.It is also agreed, in like manner, that the same liberty shall be extended to persons who are on board of a free ship, with this effect, that, although they be enemies to both or either of the parties, they shall not be taken out of that free ship, unless they are officers or soldiers, and in the actual Proviso.service of the enemy;
Provided, however, and it is hereby furthet agreed, that the stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those powers only who recognise this principle; but if either of the contracting parties shall be at war with a third, and the other be neutral, the flag of the neutral shall cover the property of those enemies whose Governments acknowledge this principle, and not that of others. ARTICLE XII. Qualification of the principio as to neutral properly.It is likewise agreed, that in cases where the neutral flag of one of the contracting parties shall protect the property of the enemies of the other, in virtue of the above stipulation, it shall always be understood491 that the neutral property found on board of such enemy’s vessel shall be held and considered as enemy’s property, and as such, shall be liable to detention and confiscation, except such property as was put on board of such vessels before the declaration of war, or even afterwards, if it were done without the knowledge of such declaration: but the contracting parties agree, that six months having elapsed after the declaration, their citizens shall not be allowed to plead ignorance thereof.
On the contrary, if the flag of the neutral does not protect the enemy’s property on board; in this case, the goods and merchandise of the neutral, embarked in such enemy’s ship, shall be free. ARTICLE XIII. This liberty of navigation and commerce shall extend to all kinds ofLiberty of commerce and navigation to extend to all goods except contraband.Contraband specified. merchandise, excepting only those which are distinguished by the name of contraband, or prohibited goods; under which name shall be comprehended, 1st, cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lancets, spears, halberds, grenades and bombs; powder, matches, balls, and all other things belonging to the use of these arms; 2dly, bucklers, helmets, breastplates, coats of mail, infantry belts, and clothes made up in a military form, and for a military use; 3d)y, cavalry belts, and horses with their furniture; 4thly, and generally, all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufac-tured, prepared, and formed expressly for the purposes of war, either by sea or land.
ARTICLE XIV. All other merchandise and things not comprehended in the articlesAll kinds of merchandise, except contraband, free. of contraband, explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free and lawful commerce; so that they may be carried and transported in the freest manner by both the contracting parties, even to places belonging to an enemy, excepting only those places which are, at that time, besieged or blockaded; and to avoid all doubt in this particular, it is declared, that those places only are besieged or blockaded, which are actually attacked by a force capable of preventing the entry of the neutral.
ARTICLE XV. The articles of contraband, of those before enumerated and classified,Contraband goods only, liable to confiscation. which may be found in a vessel bound for an enemy’s port, shall be subject to detention and confiscation; but the rest of the cargo and the ship shall be left free, that the owners may dispose of them as they see proper. No vessel, of either of the contracting parties shall beVessels not to be detained, unless, &c. detained on the high seas, on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless, indeed, the quantity of such articles be so great, and of so large a bulk, that they cannot be received on board the capturing vessel without great in-convenience; but in this, and all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port, for trial and judgment according to law.
ARTICLE XVI. And whereas it frequently happens that vessels sail for a port or placeNotice of blockade. belonging to an enemy, without knowing that the same is besieged, blockaded or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place, but shall not be detained; nor shall any part of her cargo, if not contraband, be confiscated, unless, after being warned of such blockade or investment, by the commanding officer of a vessel forming part of the blockading forces, she492 shall again attempt to enter; but she shall be permitted to go to any Free egress allowed in certain cases.other port or place the master or supercargo shall think proper.
Nor shall any vessel of either party, that may have entered into such port or place, before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting it, with her cargo; nor, if found therein before or after the reduction and surrender, shall such vessel, or her cargo be liable to seizure, confiscation, or any demand on the score of redemption or restitution; but the owners thereof shall be allowed Vessels not to be permitted to depart with a cargo taken on board during the blockade.to remain in the undisturbed possession of their property.
And if any vessel, having thus entered the port before the blockade took place, shall take on board a cargo after the blockade be established, and attempt to depart, she shall be subject to being warned by the blockading forces to return to the port blockaded, and discharge the said cargo; and if, after receiving said warning, the vessel shall persist in going out with the cargo, she shall be liable to the same consequences to which a vessel attempting to enter a blockaded port, after being warned off by the blockading forces would be liable.
ARTICLE XVII. Regulation of visits at sea.To prevent all kinds of disorder and irregularity in the visiting and examining of the ships and cargoes of both the contracting parties on the high seas, they have agreed, mutually, that whenever a vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain at the greatest distance compatible with the possibility and safety of making the visit, under the circumstances of wind and sea, and the degree of suspicion attending the vessel to be visited, and shall send one of her small boats, with no more men than those necessary to man it, for the purpose of executing the said exami-nation of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment; in respect of which, the commanders of said armed vessels shall be responsible, with their persons and property; for which purpose, the commanders of said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the injuries and damages they may commit.
And it is expressly agreed, that the neutral party shall in no case be required to go on board the examining vessel, for the purpose of exhibiting the ship’s papers, nor for any other purpose whatever. ARTICLE XVIII. In case of war, vessels to be provided with sea-letters.To avoid all vexation and abuses in the examination of the papers relating to the ownership of the vessels belonging to the citizens of the contracting parties, they have agreed, and do agree, that, in case one of them should be engaged in war, the ships and vessels of the other must be furnished with sea-letters, or passports, expressing the name, property, and burden of the ship, as also the name and place of residence of the master or commander thereof, in order that it may thereby appear that the said ship really and truly belongs to the citizens of one of the parties.
They have likewise agreed, that such ships, being laden, besides the said sea-letters or passports, shall be provided with certificates, containing the several particulars of the cargo, and the place whence the ship sailed; so that it may be known whether any contraband or prohibited goods are on board of the same: which certificates shall be made out by the officers of the place whence the ship sailed, in If not so provided, may be adjudged lawful prize.the accustomed form: without which requisites the said vessel may be detained, to be adjudged by the competent tribunals, and may be declared legal prize, unless the said defect shall be proved to be owing to accident, or be satisfied or supplied by testimony entirely equivalent, in the opinion of said tribunals; to which ends, there shall be allowed a sufficient term of time for its procurement. 493 ARTICLE XIX.
And it is further agreed, that the stipulations above expressed, relativeVessels under convoy not subject to examination. to the visiting and examining of vessels, shall apply to those only which sail without convoy; and when said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag he carries, and, when they are bound to an enemy’s port, that they have no contraband goods on board, shall be sufficient.
ARTICLE XX. It is moreover agreed, that, in all cases, the established courts forPrize courts only to lake cognizance of prizes. prize causes, in the country to which the prize may be conducted, shall alone take cognizance of them. And whenever such tribunal or court, of either party, shall pronounce judgment against any vessel, goods, or property, claimed by citizens of the other party, the sentence or decree shall mention the reasons or motives in which the same shall have been founded; and an authenticated copy of the sentence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of said vessel or property, without any excuse or delay, he paying the legal fees for the same.
ARTICLE XXI. Whenever one of the contracting parties shall be engaged in war withCitizens of neither party to engage in privateering against the other. another State, no citizen of the other contracting party shall accept a commission or letter of marque, for the purpose of assisting or co-operating hostilely with the said enemy against the said party so at war, under pain of being treated as a pirate. ARTICLE XXII. If, at any time, a rupture should take place between the two contractingIn the event of war between the parlies, citizens may remain, &c. nations, and (which God forbid) they should become engaged in war with each other, they have agreed, and do agree now, for then, that the merchants, traders, and other citizens of all occupations, of each of the two parties residing in the cities, ports, and dominions of the other, shall have the privilege of remaining and continuing their trade and business therein, and shall be respected and maintained in the full and undisturbed enjoyment of their personal liberty and property, so long as they behave peaceably and properly, and commit no offence against the laws.
And in case their conduct should render them suspected of malepractices,If suspected of malpractices, and ordered to depart, time allowed, &c. and, having thus forfeited this privilege, the respective Govern-ments should think proper to order them to depart, the term of twelve months, from the publication or intimation of this order therefor, shall be allowed them, in which to arrange and settle their affairs, and remove with their families, effects, and property; to which end, the necessary safe conduct shall be given to them, and which shall serve as a sufficient protection until they arrive at the designated port, and there embark.
But this favour shall not be extended to those who shall act contrary toExceptions. the established laws. It is, nevertheless, to be understood, that the persons so suspected may be ordered, by the respective Governments, to remove forthwith into the interior, to such places as they shall think fit to designate. ARTICLE XXIII. Neither the debts due from individuals of the one nation, to the individualsProperty of cilizens not to be sequestered of the other, nor shares, nor money, which they may have in public funds, nor in public or private banks, shall ever, in any event of war or national difference, be sequestered or confiscated. 494 ARTICLE XXIV.
Immunities of public agents.Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official intercourse, they have agreed, and do agree, to grant to their envoys, ministers, and other public agents, the same favors, immunities, and exemptions, as those of the most favored nation do or shall enjoy; it being understood, that ?whatever favors, immunities, or privileges the United States of America, or the Peru-Bolivian Confederation, may find it proper to grant to the envoys, ministers, and public agents of any other power, shall, by the same act, be granted and extended to those of the contracting parties, respectively.
ARTICLE XXV. Consuls admitted into all porta open to foreign commerce, except &c.To make more effectual the protection which the United States of America and the Peru-Bolivian Confederation, shall afford in future to the navigation and commerce of the citizens of each other, they agree to receive and admit consuls and vice-consuls, in all the ports open to foreign commerce; who shall enjoy, within their respective consular districts, all the rights, prerogatives, and immunities of the consuls and vice-consuls of the most favored nation; each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such functionaries may not seem convenient.
ARTICLE XXVI. Consuls to exhibit their commissions, &c.In order that the consuls and vice-consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities which belong to them by their public character, they shall, before entering on the exercises of their functions, exhibit their commission, or patent, in due form, to the Government to which they are accredited; and, having received their *exequatur*, they shall be held and considered as such consuls and vice-consuls, by all the authorities, magistrates, and inhabitants in the consular district in which they reside.
ARTICLE XXVII. Privileges of consuls, &c.It is likewise agreed, that the consuls, vice-consuls, their secretaries, officers and persons attached to their service, (they not being citizens of the country in which the consul or vice-consul resides,) shall be exempt from all public service, and also from all kinds of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce, or their property, and from which the citizens of their respective country, resident in the other, are not exempt, in virtue of the stipulations contained in this treaty; they being, in every thing besides, Consular archives to be inviolable.subject to the laws of the respective States.
The archives and papers of the consulates shall be respected inviolably, and, under no pretext whatever, shall any magistrate, or other person, seize, or in any way interfere with them. ARTICLE XXVIII. Consuls, &c. may require the assistance of the local authorities to arrest deserters.The said consuls and vice-consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and custody of deserters from the public and private vessels of their country; and for this purpose they shall address themselves to the courts, judges, or officers competent, and shall demand the said deserters m writing, proving, by an exhibition of the ship’s roll, or other public document, that the men so demanded are part of the crew of the vessel from which495 it is alleged they have deserted; and on this demand, so proved, (saving, however, when the contrary is more conclusively proved,) the delivery shall not be refused.
Such deserters, when arrested, shall be put at theDeserters, how to be disposed of. disposal of the said consuls or vice-consuls, and may be put in the public prisons, at the request and expense of those who reclaim them, to be sent to the ships to which they belong or to others of the same nation; but if they should not be so sent within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. ARTICLE XXIX.
For the purpose of more effectually protecting their commerce andConsular convention to be formed. navigation, the two contracting parties do hereby agree to form, as soon hereafter as may be mutually convenient, a consular convention, which shall declare, specially, the powers and immunities of the consuls and vice-consuls of the respective parties. ARTICLE XXX. The United States of America, and the Peru-Bolivian Confederation,Points agreed to. desiring to make as durable as circumstances will permit the relations which are established between the two parties in virtue of this treaty, or general convention of peace, friendship, commerce, and navigation, have declared solemnly, and do agree, as follows: 1st.
The present treaty shall be in force for twelve years from the dayDuration of the treaty. of the exchange of the ratifications thereof; and, further, until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of them reserving to itself the right of giving such notice to the other, at the end of said term of twelve years, And it is hereby agreed between the parties, that on the expiration of one year after such notice shall have been received by either of them from the other, as above mentioned, this treaty shall, in all the points relating to commerce and navigation, altogether cease and determine; and in all those parts which relate to peace and friendship, it shall be permanently and perpetually binding on both powers. 2dly.
If any one or more of the citizens of either party shall infringeCitizens personally respon Bible for violations of this treaty. any of the articles of this treaty, such citizen or citizens shall be held personally responsible therefor, and the harmony and good correspondence between the two nations shall not be interrupted thereby; each party engaging, in no way, to protect the offender or offenders, or to sanction such violence, under pain of rendering itself liable for the consequences thereof. 3d]y.
If, (which, indeed, cannot be expected,) unfortunately, any ofWar not to be declared until redress has been demanded, &c. the stipulations contained in the present treaty shall be violated or infringed in any other way whatever, it is expressly covenanted and agreed, that neither of the contracting parties will order, or authorize, any act of reprisals, nor declare or make war against the other, on complaint of injuries or damages resulting therefrom, until the party considering itself aggrieved shall first have presented to the other a statement or representation of such injuries or damages, verified by competent proofs, and have demanded redress and satisfaction, and the same shall have been either refused or unreasonably delayed. 4thly.
Nothing in this treaty contained shall, however, be construedOther treaties not to be affected by this. to operate contrary to former and existing public treaties with other States or sovereigns. 496 Ratifications to be exchanged within eighteen months.The present treaty of peace, friendship, commerce, and navigation, shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the Supreme Protector of the north and south Peruvian States, President of the Republic of Bolivia, encharged with the direction of the foreign relations of the Peru-Bolivian Confederation; and the ratifications shall be exchanged within eighteen months from the date of the signature hereof, or sooner, if possible.
In faith whereof, we, the plenipotentiaries of the United States of America, and the Peru-Bolivian Confederation, have signed and sealed these presents. Done in the city of Lima, on the thirtieth day of November, in the year of our Lord one thousand eight hundred and thirty-six. SAMUEL LARNED, (l. s.) J. GARCIA DEL RIO, (l. s.) December 10, 1837 Treaty
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