VENEZUELA, 1859.

CONVENTION BETWEEN THE UNITED STATES AND VENEZUELA, FOR SETTLEMENT OF AVES ISLAND CLAIMS. SIGNED JANUARY 14, 1859; RATIFIED FEBRUARY 26, 1861, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE.

Edward A. Turpin, Minister Resident of the United States of America, and Luis Sanojo, Secretary of State in the Department of Foreign Relations of the Government of Venezuela, being duly authorized to form an equitable agreement for the satisfaction of the damages and losses sustained by Philo S. Shelton, Sampson and Tappan, and Lang and Delano, in consequence of the evictions of their agents and employees from the Aves Island by the forces of Venezuela, have agreed upon the following articles:

ARTICLE I.

The Government of Venezuela obliges itself to pay to the Government of the United States, or to its Minister Resident in Venezuela, the gross sum of one hundred and thirty thousand dollars, United States currency, ($130,000,) of which said sum, one hundred and five thousand dollars ($105,000) is in liquidation of the claims of Shelton, Sampson and Tappan, and is to be distributed among themselves, and the residue, that is to say, twenty-five thousand dollars, ($25,000,) is in liquidation of claims of Lang and Delano.

ARTICLE II.

The said sum of one hundred and thirty thousand dollars, shall be paid in the following terms:

For Shelton, Tappan and Sampson:

Interest at the rate of five per cent. per annum shall be paid on the gross amount of indemnity, commencing from the 1st day of this present month, January, 1859, and being added to the several instalments as they fall due. The interest being always computed on the amount of indemnity, ramaining unpaid at the time of the payment of the several instalments.

ARTICLE III.

In consideration of the above agreement and indemnification, the Government of the United States, and the individuals in whose behalf they have been made, agree to desist from all further reclamation respecting the Island of Aves.

ARTICLE IV.

This agreement shall be submitted to the present National Convention, and in case it should not be ratified by it before the closing of its present session, then it shall be considered null and void.

Valencia, January the fourteenth, of eighteen hundred and fifty-nine.

E. A. TURPIN.
LUIS SANOJO.

The National Convention having seen the foregoing agreement concluded on the fourteenth of January last past between the Secretary of Foreign Relations of the Republic and the Minister Resident of the United States,

Resolves, To give its approval to the convention aforesaid with the suppression, in article 3d, of the second part, which is as follows:

"Abandoning to the Republic of Venezuela whatever rights might pertain to them," (rights to Aves Island;) and with the provision that the interest stipulated in article 2d shall always be simple interest, which shall only be paid successively, on the unpaid principal.

Done at Valencia in the Hall of Sessions of the National Convention, February first, one thousand eight hundred and fifty-nine.

The President, F. TORO.
The Secretary, R. RAMIREZ.

Let it be executed.

VALENCIA, February 3, 1859.

J. CASTRO.

By His Excellency.

The Secretary of State in the Department of Foreign Relations,

LUIS SANOJO.

A copy.

The Assistant Secretary of Foreign Relations,

R. VALENZUELA. [L. S.}

ELA.

VENEZUELA, 1860.

TREATY OF AMITY, COMMERCE, NAVIGATION, AND FOR SURRENDER OF FUGITIVE CRIMINALS, BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF VENEZUELA. CONCLUDED AT CARACAS, AUGUST 27, 1860; RATIFICATIONS EXCHANGED AUGUST 9, 1861; PROCLAIMED SEPTEMBER 25, 1861.

Contracting parties

The United States of America and the Republic of Venezuela, equally animated with the desire of maintaining the cordial relations, and of tightening, if possible, the bonds of friendship between the two countries, as well as to augment, by all the means at their disposal, the commercial intercourse of their respective citizens, have mutually resolved to conclude a general convention of amity, commerce, and navigation, and for the surrender of fugitive criminals. For this purpose, they have appointed as their Plenipotentiaries, to wit:

The President of the United States, Edward A. Turpin, Minister Resident near the Government of Venezuela; and the President of Venezuela, Pedro de las Casas, Secretary of State in the Department of Foreign Relations;

Who, after a communication of their respective full powers, have agreed to the following articles:

ARTICLE I.

Peace and friendship.

In case of war

It is the intention of the high contracting parties that there shall continue to be a firm, inviolable, and universal peace, and a true and sincere friendship between the Republics of the United States of America and Venezuela, and between their respective countries, territories, cities, towns, and people, without exception of persons or places. If, unfortunately, the two nations should become involved in war, one with the other, the term of six months after the declaration thereof shall be allowed to the merchants and other 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; on the contrary, passports shall be valid for a term necessary for their return, and shall be given to them for their vessels and the effects which they may wish to carry with them or send away, and such passports shall be a safe conduct against the insults and captures, which privateers may attempt against their persons and effects, and the money, debts, shares in the public funds, or in banks, or any other property, personal or real, belonging to the citizens of the one party in the territories of the other shall not be confiscated or sequestrated.

ARTICLE II.

Passports

The citizens of each of the high contracting parties, residing or established in the territory of the other, shall be exempt from

Military service

all compulsory 'military service by sea or by land, and from loans, &c. all forced loans 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 III.

The citizens of the contracting parties shall be permitted to enter, sojourn, settle, and reside in all parts of said territories, transact business, &c. and such as may wish to engage in business shall have the right to hire and occupy warehouses, provided they submit to the laws, as well general as special, relative to the rights of travelling, residing, or trading. 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, as well in respect to the consignment and sale of their goods by wholesale or retail, as with respect to the loading, unloading, and sending off their ships. They may also emRight to employ ploy such agents or brokers as they may deem proper, and shall in all these cases be treated as the citizens of the country wherein they reside; it being, nevertheless, distinctly understood that they shall be subject to such laws and regulations also in respect to wholesale or retail. They shall have free access to the tribuTo have access to nals of justice, in cases to which they may be a party, on judicial tribunals. the same terms which are granted by the laws and usage of the country to native citizens; for which purpose they may employ in defense of their interests and rights such advocates, attorneys, and other agents as they may think proper.

agents, &c.

Liberty of conscience, &c.

ARTICLE IV.

The citizens of each of the high contracting parties, residing in the other, shall enjoy the most perfect liberty of conscience. They shall be subjected to no inconveniences whatever on account of their religious belief; nor shall they in any manner be annoyed or disturbed in the exercise of their religious worship in private houses, or in the chapels and places which they may select for that pur pose, provided that, in so doing, they observe the decorum due to the laws, usages, and customs of the country. It is likewise agreed that the citizens of the one country, dying in the territory of the other, may be interred either in the ordinary cemeteries, or in such others as may be selected for that purpose by their own Government, or by their personal friends or representatives, with the consent of the local authorities. All such cemeteries, and funeral processions going to or returning from them, shall be protected from violation or disturbance.

Cemeteries.

Personal property.

Succession.

ARTICLE V.

The citizens of each of the high contracting parties, within the juris diction 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 contracting party, shall succeed to their personal property, whether by testament or ab intestato. They may take possession thereof, either by themselves, or by others acting for them, at their pleasure, and dispose of the same, paying such duty only as the citizens of the country wherein the said personal property is situated shall be subject to pay in like cases. In the absence of a personal representative, the same care shall be taken of the property as by law would be taken of the property of a native in a similar case, whilst the lawful owner may take measures for securing it. If a question should arise among claimants as to the rightful ownership of the property, the

same shall be [finally] decided by the judicial tribunals of the country in which it is situated.

Real estate.

When, on the decease of any person holding real estate within the territory of one party, such real estate would by the law of the land descend on a citizen of the other, were he not disqualified by alienage, the longest term which the laws of the country in which it is situated will permit shall be accorded to him to to dispose of the same; nor shall he be subjected, in doing so, to higher or other dues than if he were a citizen of the country wherein such real estate is situated.

ARTICLE VI.

Imports and duties.

The high contracting parties hereby agree that whatever kind of produce, manufactures, or merchandize, 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 Venezuela, and no higher or other duties upon the tonnage or cargo of the vessels shall be levied or collected, whether the importation be made in a vessel under the flag of the United States or a vessel under the flag of Venezuela. And, reciprocally, whatever kind of produce, manufactures, or merchandize, of any foreign country, can be from time to time lawfully imported into Venezuela, in her own vessels, may also be imported in vessels of the United States; and no higher or other duties upon the tonnage or cargo of the vessel shall be levied or collected, whether the importation be made in a vessel under the flag of Venezuela or under the flag of the United States.

Exports

Whatever can be lawfully exported or re-exported by one party, in its own vessels, to any foreign country, may in like manner be exported or re-exported in the vessels of the other; and the same duties, bounties, and drawbacks shall be collected and allowed, whether such exportation or re-exportation be made in vessels of the one or the other. Nor shall higher or other charges of any kind be imposed in the ports of one party on vessels of the other than are or shall be payable in the same ports by national vessels.

ARTICLE VII.

served to citizens.

The preceding article is not applicable to the coasting trade of the contracting parties, which is respectively reserved by cach Consting trade reexclusively for its own citizens. But vessels of either country shall be allowed to discharge a part of their cargo[e]s at one port, and proceed to any other port or ports in the territories of the other to discharge the remainder, without paying higher or other port charges or tonnage dues than would be paid by national vessels in such cases,. so long as this liberty shall be conceded to any foreign vessels by the laws of both countries.

ARTICLE VIII.

For the better understanding of the preceding stipulations, it has been agreed that every vessel belonging exclusively to a citizen

National character

or citizens of Venezuela, and whose captain is also a citizen of vessels, of the same, such vessel having also complied with all the other requisites established by law to acquire such national character, though the construction and crew are or may be foreign, shall be considered, for all the objects of this treaty, as a Venezuelan vessel.