tribution whatever, provided the same be ex-| belief, so long as they respect the laws and esported. ARTICLE XIII. When through stress of weather, want of water or provisions, pursuit of enemies or pirates, the vessels of one of the high contracting parties, whether of war (public or private), or of trade, or employed in fishing, shall be forced to seek shelter in the ports, rivers, bays and dominions of the other, they shall be received and treated with humanity; sufficient time shall be allowed for the completion of repairs, and while any vessel may be undergoing them, its cargo shall not unnecessarily be required to be landed either in whole or in part; all assistance and protection shall be given to enable the vessels to procure supplies, and to place them in a condition to pursue their voyage without obstacle or hin derance. ARTICLE XIV. All vessels, merchandise and effects belonging to the citizens of either of the high contracting parties, which may be captured by pirates either on the high seas or within the limits of its jurisdiction, and may be carried into or found in the rivers, roads, bays, ports or dominions of the other, shall be delivered up to the owners or their agents, they proving, in due and proper form, their rights before the competent tribunals, it being understood that the claim thereto shall be made within two years by the owners themselves, their agents, or the agents of the respective Governments. ARTICLE XV. The high contracting parties promise and engage to give full and perfect protection to the persons and property of the citizens of each other, of all classes and occupations, who may be dwelling or transient in the territories subject to their respective jurisdiction; they shall have free and open access to the tribunals of justice for their judicial recourse, on the same terms as are usual and customary with the natives or citizens of the country in which they may be; and they shall be at liberty to employ, in all causes, the advocates, attorneys, notaries, or agents, of whatever description, whom they may think proper. The said citizens shall not be liable to imprisonment without formal commitment under a warrant signed by a legal authority, except in cases flagrantis delicti; and they shall in all cases be brought before a magistrate or other legal authority for examination within twenty-fours after arrest; and if not so examined, the accused shall forthwith be discharged from custody. Said citizens, when detained in prison, shall be treated, during their imprisonment, with humanity, and no unnecessary severity shall be exercised toward them. ARTICLE XVI. tablished usages of the country. Moreover, the bodies of the citizens of one of the contracting parties who may die in the territories of the other shall be buried in the usual buryinggrounds, or in other decent and suitable places, and shall be protected from violation or disturbance. ARTICLE XVII. The citizens of the United States of America and the Republic of Peru may sail with their vessels, with entire freedom and security, from any port to the ports or places of those who now are, or hereafter shall be, the enemies of either of the of the merchandise laden in the said vessels. contracting parties, whoever may be the owners The same citizens shall also be allowed to sail with their vessels, and to carry and traffic with their merchandise, from the ports and places of the enemies of both parties, or of one of them, without any hinderance, not only to neutral ports and places, but also from one port belonging to an enemy to another enemy's port, whether they be under the jurisdiction of one power or of several. And it is agreed that free ships shall give freedom to goods, and that everything shall be deemed free which shall be found on board the vessels belonging to the citizens of either of the contracting parties, although the whole lading, or a part thereof, should belong to the enemies of either, articles contraband of war being always excepted. The same liberty shall be extended to persons who may be on board free ships, so that said persons cannot be taken out of them, even if they be enemies of both parties, or of one of them, unless they are officers or soldiers in the actual service of the enemy. It is agreed that the stipulations in this article declaring that the flag shall cover the property shall be understood as applying to those nations only who recognize this principle; but if either of the contracting parties shall be at war with a third, and the other shall remain neutral, the flag of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not that of others. ARTICLE XVIII. The liberty of commerce and navigation stipulated for in the preceding articles shall extend to all kinds of merchandise, except the articles called contraband of war, under which name shall be comprehended— 1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, grenades, bombs, powder, dynamite and all explosives which are recognized as of use for purposes of war, matches, balls, torpedoes, and everything belonging to the use of these arms. 2. Bucklers, helmets, breast-plates, coats of mail, accoutrements, and clothes made up in military form and for military use. 3. Cavalry belts and horses, with their harness. It is likewise agreed that perfect and entire liberty of conscience shall be enjoyed by the citizens of both the contracting parties in the 4. And generally, all offensive and defensive countries subject to the jurisdiction of the one or arms made of iron, steel, brass, copper, or any the other, without their being liable to be dis-other material, prepared and formed to make turbed or molested on account of their religious war by land or at sea. ARTICLE XIX. ARTICLE XXII. case of a vessel attempting to enter a blockaded All other merchandise and things not compre-port after having been warned off by the blockhended in the articles of contraband explicitly ading forces. 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 shall be considered as besieged or blockaded which are actually invested or attacked by a force capable of preventing the entry of the neutral. ARTICLE XX. The articles of contraband, or those before enumerated and classified, which may be found in a vessel bound for an enemy's port, shall be subject to detention and confiscation, but the rest of the 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 be detained on the high seas on account of having on board articles of contraband, whenever the master, captain, or superca.go of said vessel will deliver up the articles of contraband to the captor, unless, indeed, the quantity of such articles be so great, or of so large bulk, that they cannot be received on board the capturing vessel without great inconvenience; but in this, and in all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment, according to law. ARTICLE XXI. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is besieged, blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place, but shall not be detained; nor shall any part of her cargo, if not contraband, be confiscated, unless, after having been warned of such blockade or investment by a commanding officer of a vessel forming part of the blockading forces, she again attempts to enter; but she shall be permitted to go to any other port or place the master or supercargo may think proper. 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 leaving it with her cargo, nor, if found therein before or after the reduction or 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 remain in the undisturbed possession of their property. And if any vessel having thus entered the port before the blockade took place shall take on board a cargo after the blockade be established and attempt to depart, she may be warned by the blockading forces to return to the blockaded port and discharge the said cargo; and if, after receiving such warning, the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as in the and examining the vessels and cargoes of both To prevent disorder and irregularity in visiting the contracting parties on the high seas, they have agreed mutually that whenever a vessel of of the other party, the former shall remain at the war, public or private, shall meet with a neutral and safety of making the visit, under the circum greatest distance compatible with the possibility stances of wind and sea, and the degree of suspicion attending the vessel to be visited, and shall send one of her small boats with no more men than may be necessary to execute the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment, in respect of which the commanders of said armed vessels shall be responsible with their persons and property; for which purpose the commanders of said private armed vessel 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 of the examining vessel for the purpose of exhibiting the ship's papers, nor for any other purpose whatever. ARTICLE XXIII. Both contracting parties likewise agree that when one of them shall be engaged in war, the vessels of the other must be furnished with sealetters, patents, or passports, in which shall be expressed the name, burden of the vessel, and the name and place of residence of the owner thereof, in order that it may appear that the vessel really and truly belongs to citizens of the said other party. It is also agreed that such vessel, being laden, besides the said sea-letters, patents, or passports, shall be provided with manifests or certificates containing the particulars of the cargo, and the place where it was taken on board, so that it may be known whether any part of the same consists of contraband or prohibited articles; which certificate shall be made out in the accustomed form by the authorities of the port whence the vessel sailed; without which requisites the vessel may be detained, to be adjudged by the competent tribunals, and may be declared good and legal prize, unless it shall be proved that the said defect or omission was owing to accident, or unless it shall be satisfied or supplied by testimony equivalent in the opinion of the said tribunals, for which purpose there shall be allowed a reasonable length of time to procure and present it. ARTICLE XXIV. The preceding stipulations relative to the visit and examination of vessels shall apply only to those which sail without convoy; for when said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag they carry, and when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient. ARTICLE XXV. It is further agreed that, in all prize cases, the courts specially established for such causes in the country to which the prizes may be conducted shall alone take cognizance of them. And whenever such courts of either party shall pronounce judgment against any vessel, merchandise, or property claimed by the citizens of the other party, the sentence or decree shall set forth the reasons or motives on which the same shall have been founded; and an authenticated copy of the sentence or decree, and of all the proceedings connected with the case, shall, if demanded, be delivered to the commander or agent of the said vessel, merchandise or property, without any excuse or delay, upon payment of the established legal fees for the same. ARTICLE XXVI. Whenever one of the contracting parties shall be engaged in war with another nation, no citizen of the other contracting party shall accept a commission or letter of marque for the purpose of assisting or coöperating hostilely with the said enemy against the said party so at war, under pain of being treated as a pirate. ARTICLE XXVII. ARTICLE XXIX. The high contracting parties, desiring to avoid all inequality in their public communications and official intercourse, agree to grant to their envoys, ministers, chargés d'affaires, and other diplomatic agents, the same favors, privileges, immunities, and exemptions, that those of the most favored nation do or shall enjoy, it being understood that the favors, privileges, immunities and exemptions granted by the one party to the envoys, ministers, chargés d'affaires, or other diplomatic agents of the other party, or to those of any other nation, shall be reciprocally granted and extended to those of both the high contracting parties respectively. ARTICLE XXX. and navigation of their respective citizens, the To protect more effectually the commerce United States of America and the Republic of! Peru 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, privileges and immunities of the consuls and viceconsuls of the most favored nation; but to enjoy the rights, prerogatives and immunities which belong to them in virtue of their public character, the consuls and vice-consuls shall, before exercising their official functions, exhibit to the Government to which they are accredited their commissions or patents in due form, in order to receive their exequatur; after receiving which they shall be acknowledged in their official characters by the authorities, magistrates and inhabitants of the district in which they reside. The high contracting parties, nevertheless, remain at liberty to except those ports and places where the admission and residence of consuls and vice-consuls may not seem to be convenient, provided that the refusal to admit them shall likewise extend to those of all nations. ARTICLE XXXI. If, which is not to be expected, a rupture should at any time take place between the two contracting nations, and they should engage in war with each other, they have agreed, now for then, that the merchants, traders, and other citizens of all occupations of either of the two parties residing in the cities, ports, and dominions of 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 conduct themselves peaceably and properly, and commit no offence against the laws. And in case their acts should render them justly suspected, and having thus forfeited this privilege, The consuls, vice-consuls, their officers and the respective Governments should order them persons employed in their consulates, shall be to leave the country, the term of twelve months exempt from all public service, and from all from the publication or intimation of the order kinds of taxes, imposts and contributions, except therefor shall be allowed them in which to ar- those which they shall be lawfully held to pay range and settle their affairs, and remove with on account of their property or commerce, and their families, effects, and property; to which to which the citizens and other inhabitants of the end the necessary safe conduct shall be given to country in which they reside are subject, they them, which shall serve as a sufficient protec-being, in other respects, subject to the laws of tion, until they arrive at the designated port and there embark; but this favor shall not be extended to those who shall act contrary to the established laws. It is, nevertheless, understood that the respective Governments may order the persons so suspected to remove forthwith to such places in the interior as may be designated. ARTICLE XXVIII. In the event of a war, or of any interruption of friendly intercourse between the high contracting parties, the money, private debts, shares in the public funds, or in the public or private banks, or any other property whatever, belonging to the citizens of the one party in the territories of the other, shall in no case, for that cause alone, be sequestrated or confiscated. The archives and papers of the consulates shall be inviolably respected; and no person, magistrate, or other public authority shall, under any pretext, interfere with or seize them. the respective countries. ARTICLE XXXII. The consuls and vice-consuls shall have power to require the assistance of the public authorities of the country in which they reside for the arrest, detention and custody of deserters from the vessels of war or merchant vessels of their country; and where the deserters claimed shall belong to a merchant-vessel, the consuls or viceconsuls must address themselves to the competent authority, and demand the deserters in writing, proving by the ship's roll or other pub lic document that the individuals claimed are a part of the crew of the vessel from which it is alleged that they have deserted; but should the individuals claimed form a part of the crew of a vessel of war, the word of honor of a commissioned officer attached to the said vessel shall be sufficient to identify the deserters; and when the demand of the consuls or vice-consuls shall, in either case, be so proved, the delivery of the deserters shall not be refused. The said deserters, when arrested, shall be delivered to the consuls or vice-consuls, or, at the request of these, shall be put in the public prisons, and maintained at the expense of those who reclaim them, to be delivered to the vessels to which they belong or sent to others of the same nation; but if the said deserters should not be so delivered or sent within the term of two months, to be counted from the day of their arrest, they shall be set at liberty, and shall not be again apprehended for the same cause. The high contracting parties agree that it shall not be lawful for any public authority or other person within their respective dominions to harbor or protect such deserters. ARTICLE XXXIII. Until the conclusion of a consular convention, which the high contracting parties agree to form as soon as may be mutually convenient, it is stipulated, that in the absence of the legal heirs or representatives the consuls or vice-consuls of either party shall be ex-officio the executors or administrators of the citizens of their nation who may die within their consular jurisdictions, and of their countrymen dying at sea whose property may be brought within their district. The said consuls or vice-consuls shall call in a justice of the peace or some other judicial authority to assist in taking an inventory of the effects and property left by the deceased, after which the said effects shall remain in the hands of the said consuls or vice-consuls, who shall be authorized to sell immediately such of the effects or property as may be of a perishable nature, and to dispose of the remainder according to the instructions of their respective Governments. And where the deceased has been engaged in commerce or other business, the consuls or viceconsuls shall hold the effects and property so remaining until the expiration of twelve calendar months, during which time the creditors, if any, of the deceased, shall have the right to present their claims and demands against the said effects and property; and all questions arising out of such claims or demands shall be decided by the laws of the country wherein the said citizens may have died. It is understood, nevertheless, that if no claim or demand shall have been made against the effects and property of an individual so deceased, the consuls or vice-consuls, at the expiration of the twelve calendar months, may close the estate and dispose of the effects and property in accordance with the instructions from their own Govern zens of each one of the high contracting parties enjoy in the territory of the other the same rights as natives, and receive from the respective Governments the same protection in their persons and property, it is declared that only in case that such protection should be denied, on account of the fact that the claims preferred have not been promptly attended to by the legal authorities, or that manifest injustice has been done by such authorities, and after all the legal means have been exhausted, then alone shall diplomatic intervention take place. ARTICLE XXXV. The United States of America and the Republic of Peru, desiring to make as durable as possible the relations established between the two parties in virtue of this treaty of friendship, commerce, and navigation, declare solemnly and agree as follows: Ist. The present treaty shall remain in force for the term of ten years from the day of the exchange of the ratifications thereof, and further until the end of one year after either of the high contracting parties shall have given notice to the other of its intention to terminate the same, each such notice to the other at any time after expiraof them reserving to itself the right of giving tion of the said term of ten years. And it is hereby agreed between the parties that, on the have been received by either of them from the expiration of one year after such notice shall other party, as above mentioned, this treaty shall altogether cease and terminate. 2d. If any citizen or citizens of either party shall infringe any of the articles of this treaty, such citizen or citizens shall be held personally responsible therefor, and the harmony and good understanding between the two nations shall not be interrupted thereby, each party engaging in no way to protect the offender or offenders, or to sanction such violation, under pain of rendering itself liable for the consequences thereof. 3d. Should, unfortunately, any of the provisions contained in the present treaty be violated or infringed in any other manner whatever, it is expressly stipulated and agreed that neither of the contracting parties shall order or authorize any act of reprisals, nor declare nor make war against the other on complaint of injuries or damages resulting therefrom, until the party considering itself aggrieved shall first have presented to the other a statement or representation of such injuries or damages, verified by competent proofs, and demanded redress and satisfaction, and the same shall have been either refused or unreason ably delayed. however, be construed to operate contrary to 4th. Nothing contained in this treaty shall former and existing public treaties with other nations or sovereigns. and navigation shall be approved and ratified by The present treaty of friendship, commerce, the President of the United States, by and with the advice and consent of the Senate thereof, and by the President of the Republic of Peru, with the approbation of the Congress thereof, As a consequence of the principles of equality and the ratifications shall be exchanged at Washherein established, in virtue of which the citi-ington or Lima as soon thereafter as possible. ments. ARTICLE XXXIV. In evidence whereof we, the Plenipotentiaries | ded, to be made public, to the end that the same of the United States of America and of the Re- and every article and clause thereof may be obpublic of Peru, have signed and sealed these served and fulfilled with good faith by the United presents at the city of Lima, in duplicate Eng- States and the citizens thereof. lish and Spanish, this the thirty-first day of August in the year of our Lord one thousand eight hundred and eighty-seven. CHAS. W. BUCK [SEAL.] And whereas the said Treaty has been duly ratified on both parts, and the respective ratifications of the same were exchanged at the city of Lima, on the first day of October, one thousand eight hundred and eighty-eight; Now, therefore, be it known that I, Grover Cleveland, President of the United States of America, have caused the said Treaty, as amen 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 7th day of November, in the year of our Lord one thousand, eight hundred and [SEAL.] eighty-eight, and of the Independence of the United States of America the By the President: Secretary of State. XVIII. THE EXTRADITION CONVENTIONS WITH GREAT BRITAIN, AND THE SAMOAN ISLANDS TREATY. The Phelps-Rosebery Convention of 1886, and the Votes on Ratification. [An unofficial, but substantially accurate, print of "this_Convention is given in McPherson's HAND-BOOK OF POLITICS FOR 1888, p. 110.] Following is an official print: Whereas by the 10th Article of the Treaty concluded between the United States of America and Her Britannic Majesty on the 9th day of August, 1842, provision is made for the Extradition of persons charged with certain crimes; 3. Embezzlement or larceny of the value of 50 dollars or £10 and upwards. 4. Malicious injuries to property whereby the life of any person shall be endangered, if such injuries constitute a crime according to the laws of both the High Contracting Parties. And the Provisions of the said Article shall have the same effect with respect to the extradition of persons charged with any of the said crimes as if the same had been originally named and specified in the said Article. ARTICLE II. And whereas it is now desired by the High Contracting Parties that the provisions of the The provisions of the 10 Article of the said said Article should embrace certain crimes not Treaty, and of this convention shall apply to therein specified, and should extend to fugitives persons convicted of the crimes therein respectconvicted of the crimes specified in the said Ar-ively named and specified, whose sentence thereticle and in this Convention; The said High Contracting Parties have appointed as their Plenipotentiaries to conclude a convention for this purpose, namely: The President of the United States of America, Edward John Phelps, Envoy Extraordinary and Minister Plenipotentiary of the United States to the Court of St. James, &c., &c.—, And Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honorable Archibald Philip, Earl of Rosebery, Her Majesty's Principal Secretary of State for Foreign Affairs, &c., &c., Who, after having communicated to each other their respective Full Powers, found in good and due form, have agreed upon the following Ar ticles : ARTICLE I. The provisions of the 10th Article of the said Treaty shall be and are hereby extended so as to apply to and comprehend the following additional crimes not mentioned in the said Article, namely: 1. Manslaughter. 2. Burglary. for shall not have been executed. In the case of a fugitive criminal alleged to have been convicted of the crime for which his surrender is asked, a copy of the record of the conviction and of the sentence of the court before which such conviction took place, duly authenticated, shall be produced, together with evidence proving that the prisoner is the person to whom such sentence refers. ARTICLE III. This Convention shall not apply to any of the crimes herein named and specified which shall have been committed, or to any conviction which shall have been pronounced, prior to the date when the convention shall come into force. ARTICLE IV. No fugitive criminal shall be surrendered under the provisions of the said Treaty, or of this Convention, if the crime in respect of which his surrender is demanded be one of a political character, or if he prove to the competent authority that the requisition for his surrender has in fact been made with the view to try or punish him for a crime of a political character. |