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ARTICLE II.-(Right to travel and carry on trade.)—“The citizens of each of the high contracting parties shall have liberty to travel in the States and Territories of the other, to carry on trade, wholesale and retail, to hire and occupy houses and warehouses, to employ agents of their own choice, and generally to do anything incident to or necessary for trade, upon the same terms as the natives of the country, submitting themselves to the laws there established."

ARTICLE III. (Security of persons and property; and exemption from military service.)-"The citizens of each of the high contracting parties shall receive, in the States and Territories of the other, the most constant protection and security for their persons and property, and shall enjoy in this respect the same rights and privileges as are or shall be granted to the natives, on their submitting themselves to the conditions imposed upon the natives.

"They shall, however, be exempt in their respective territories from compulsory military service, either on land or sea, in the regular forces, or in the national guard, or in the militia. They shall likewise be exempt from any judicial or municipal office, and from any contribution whatever, in kind or in money, to be levied in compensation for personal services."

ARTICLE IV. (No embargo without compensation.)—" The citizens of neither of the contracting parties shall be liable, in the States or Territories of the other, to any embargo, nor shall they be detained with their vessels, cargoes, merchandise, or effects, for any military expedition, nor for any public or private purpose whatsoever, without allowing to those interested a sufficient indemnification previously agreed upon when possible."

ARTICLE V. (No discriminations in duties, drawbacks or bounties.) The high contracting parties agree that whatever kind of produce, manufactures, or merchandise of any foreign country can be from time to time lawfully imported into the United States, in their own vessels, may be also imported in Italian vessels; that no other or higher duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of one country or the other; and, in like manner, that whatsoever kind of produce, manufactures or merchandise of any foreign country can be from

time to time lawfully imported into Italy in its own vessels, may be also imported in vessels of the United States, and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other; and they further agree that whatever may be lawfully exported and re-exported from the one country, in its own vessels, to any foreign country, may in the like manner be exported or re-exported in the vessels of the other country, and the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of Italy."

ARTICLE VI.-No discriminating duties on imports or exports.

ARTICLE VII.-Vessels of one nation may go from one port to another of the other to discharge cargo, but not engage in the coasting trade.

ARTICLE VIII.-Certain vessels are to be exempt from the payment of tonnage duties.

ARTICLE IX.-Protection to be given to shipwrecked vessels. ARTICLE X.-(Vessels may complete their crews.)-" Vessels of either of the contracting parties shall have liberty, within the territories and dominions of the other, to complete their crew, in order to continue their voyage, with sailors articled in the country, provided they submit to the local regulations and their enrollment be voluntary."

ARTICLE XI.-Vessels captured by pirates to be restored. ARTICLE XII.-(Private property exempt from capture in maritime war.)- The high contracting parties agree that, in the unfortunate event of a war between them, the private property of their respective citizens and subjects, with the exception of contraband of war, shall be exempt from capture or seizure, on the high seas or elsewhere, by the armed vessels or by the military forces of either party; it being understood that this exemption shall not extend to vessels and their cargoes which may attempt to enter a port blockaded by the naval forces of either party."

ARTICLE XIII.-A blockade to be legal must be so invested as to create an evident danger to attempt to enter the port. ARTICLE XIV.-Vessels sailing for a blockaded port in igno

rance of a blockade shall be turned away, with an endorsement on their papers; the same rule shall apply to vessels leaving such port with a cargo laden after the blockade is established. ARTICLE XV.-(List of contraband articles.)

"1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabers, lances, spears, halberds, bombs, grenades, powder, matches, balls, and all other things belonging to, and expressly manufactured for, the use of these arms.

"2. Infantry belts, implements of war and defensive weapons, clothes cut or made up in a military form and for a military use. "3. Cavalry belts, war saddles and holsters.

"4. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed expressly to make war by sea or land."

ARTICLE XVI.-Citizens of one State, being neutral, may sail with their ships "with all manner of liberty and security, no distinction being made who are the proprietors of the merchandise laden thereon," to ports of the enemy of the other.

The principle of free ships, free goods, is affirmed; and the neutral flag shall cover persons except officers or soldiers in the actual service of the enemy. But this shall apply to those Powers only who recognize this principle.

ARTICLE XVII.-Proof of the nationality of vessels shall be the papers which the laws of either State require.

ARTICLES XVIII. and XIX.-The usual rule in respect to the right of search, and convoy.

ARTICLE XX.-Commanders of ships of war shall be answerable for injury to persons or property.

ARTICLE XXI.-(Rights of persons in case of war between the contracting parties-This article is not to be annulled or suspended on any pretence.)-"If by any fatality, which cannot be expected, and which may God avert, the two contracting parties should be engaged in a war with each other, they have agreed and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business, and

transport their effects wherever they please, with the safe conduct necessary to protect them, and their property, until they arrive at the ports designated for their embarkation. And all women and children, scholars of every faculty, cultivators of the earth, artisans, mechanics, manufacturers, and fishermen, unarmed and inhabiting the unfortified towns, villages, or places, and, in general, all others whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, and shall not be molested in their persons, nor shall their houses or goods be burnt or otherwise destroyed, nor their fields wasted by the armed force of the belligerents in whose power, by the events of war, they may happen to fall; but, if it be necessary that anything should be taken from them for the use of such belligerent, the same shall be paid for at a reasonable price.

"And it is declared that neither the pretence that war dissolves treaties, nor any other whatever, shall be considered as annulling or suspending this article; but, on the contrary, that the state of war is precisely that for which it is provided, and during which its provisions are to be sacredly observed as the most acknowledged obligations in the law of nations."

ARTICLE XXII.-The usual rule is to be applied to personal property of the citizens of one State in the territory of the other; and as to real estate, the privileges of the most favored nation shall be reciprocally granted.

ARTICLE XXIII.-(Courts of justice to be open to citizens of either country.)-" The citizens of either party shall have free access to the courts of justice, in order to maintain and defend their own rights, without any other conditions, restrictions, or taxes than such as are imposed upon the natives. They shall, therefore, be free to employ, in defence of their rights, such advocates, solicitors, notaries, agents, and factors as they may judge proper, in all their trials at law; and such citizens or agents shall have free opportunity to be present at the decisions and sentences of the tribunals in all cases which may concern them, and likewise at the taking of all examinations and evidences, which may be exhibited in the said trials."

ARTICLE XXIV. In respect to commerce and navigation, the most favored nation rule to be applied.

ARTICLE XXV.-The treaty to continue in force for five

years, and thereafter for twelve months after notice to terminate it.

ARTICLE XXVI.-Ratifications.

Signed by

GEORGE P. MARSH.
VISCONTI VENOSTA.1

RUSSIA, 1824.

CONVENTION RELATIVE TO NAVIGATION, FISHING, AND TRADING IN THE PACIFIC OCEAN AND TO ESTABLISHMENTS ON THE NORTHWEST COAST.

Concluded April 17, 1824. Ratifications exchanged at Washington, January 11, 1825. Proclaimed January 12, 1825.

ARTICLE I.—(Navigation and fisheries of the Pacific.)—“It is agreed that, in any part of the Great Ocean, or South Sea, the respective citizens or subjects of the high contracting Powers shall be neither disturbed nor restrained, either in navigation or in fishing, or in the power of resorting to the coasts, upon points which may not already have been occupied, for the purpose of trading with the natives, saving always the restrictions and conditions determined by the following articles."

ARTICLE II. (Illicit trade.)-"With a view of preventing the rights of navigation and of fishing exercised upon the Great Ocean by the citizens and subjects of the high contracting Powers from becoming the pretext for an illicit trade, it is agreed that the citizens of the United States shall not resort to any point where there is a Russian establishment, without the permission of the governor or commander; and that, recipro

1 Other treaties with Italy are a consular convention, 1868, superseded by the convention of 1878 and 1881 (see Consular Treaties); a convention for the extradition of criminals, 1868, with supplements in 1869 and 1884, (see Extradition Treaties); a declaration for the protection of trade-marks, 1382.

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