And the said Plenipotentiaries, having exchanged their full powers, found in good and due form, have concluded and signed the following articles: ARTICLE I. There shall be between the territories of the high contracting parties a reciprocal liberty of commerce and navigation. Reciprocal liberty of commerce and navigation. Residence, rights, Italian citizens in the United States, and citizens of the United States in Italy, shall mutually have liberty to enter with their ships and cargoes all the ports of the United States and of Italy, respectively, which may be open to foreign commerce. They shall also have liberty to sojourn and reside in all parts and privileges. whatever of said territories. They shall enjoy, respectively, within the States and possessions of each party, the same rights, priv ileges, favors, immunities, and exemptions for their commerce and navi gation as the natives of the country wherein they reside, without paying other or higher duties or charges than are paid by the natives, on condition of their submitting to the laws and ordinances there prevailing. War vessels of the two Powers shall receive in their respective ports the treatment of those of the most favored War vessels. nations. carry on trade. ARTICLE II. The citizens of each of the high contracting parties shall have liberty Right to travel and 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 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. Security to persons ARTICLE III. The citizens of each of the high contracting parties shall receive, in the States and Territories of the other, the most constant and property. 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 Exemption from compulsory military service, either on land or sea, in the compulsory military 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. service, from office, and contributions, No embargo or de ARTICLE IV. The citizens of neither of the contracting parties shall be liable, in the States or territories of the other, to any embargo, nor tention without in 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. demnification ARTICLE V. The high contracting parties agree that whatever kind of produce; United States duties thereon. manufactures, or merchandise of any foreign country can be Imports into the from time to time lawfully imported into the United States, Italian vessels, and 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 the one country or of 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 Imports into Italy United States, and that no higher or other duties upon the in vessels of the tonnage of the vessel or her cargo shall be levied and col- duties thereon' lected, 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 Exports, bounties, vessels, to any foreign country, may in the like manner be duties, and draw. 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. United States, and backs. Duties upon im. ports into either country. Duties upon exports. No higher or other duties shall be imposed on the importation into the United States of any articles, the produce or manufac tures of Italy, and no higher or other duties shall be imposed on the importation into Italy of any articles, the produce or manufactures of the United States, than are or shall be payable on the like articles, being the produce or the manufactures of any other foreign country; nor shall any other or higher duties or charges be imposed, in either of the two countries, on the exportation of any articles to the United States or to Italy, respectively, than such as are payable on the exportation of the like articles to any foreign country, nor shall any prohibition be imposed on the impor tation or the exportation of any articles the produce or manufactures of the United States or of Italy, to or from the territories of the United States, or to or from the territories of Italy, which shall not equally extend to all other nations. ARTICLE VII. Prohibition. port of the other may port and discharge; Vessels of the United States arriving at a port of Italy, and, reciprocally, vessels of Italy arriving at a port of the United Vessels of either States, may proceed to any other port of the same country, country entering a and may there discharge such part of their original cargoes proceed to another as may not have been discharged at the port where they but not engage in first arrived. It is, however, understood and agreed that nothing contained in this article shall apply to the coastwise navigation, which each of the two contracting parties reserves exclusively to itself. coast wise navigation. ARTICLE VIII. The following shall be exempt from paying tonnage, anchorage, and clearance duties in the respective ports: Certain vessels to 1st. Vessels entering in ballast, and leaving again in bal- be exempt from ton last, from whatever port they may come. nage, anchorage, and clearance duties. 2. Vessels passing from a port of either of the two States into one or more ports of the same State, therein to discharge a part or all of their cargo, or take in or complete their cargo, whenever they shall furnish proof of having already paid the aforesaid duties. What vessels not 3. Loaded vessels entering a port either voluntarily or forced from stress of weather, and leaving it without having disposed of the whole or part of their cargoes, or having therein completed their cargoes. No vessel of the one country, which may be compelled to enter a port of the other, shall be regarded as engaging in trade if it to be considered as merely breaks bulk for repairs, transfers her cargo to another vessel on account of unseaworthiness, purchases stores, or sells damaged goods for re-exportation. It is, however, understood that all portions of such damaged goods destined to be sold goods to pay customs for internal consumption shall be liable to the payment of custom duties. engaging in trade. What damaged duties. ARTICLE IX. Wrecked, &c., ves ance, &c. When any vessel belonging to the citizens of either of the contracting parties shall be wrecked, foundered, or shall suffer any damsels to receive assist age, on the coasts or within the dominions of the other, there shall be given to it all assistance and protection in the same manner which is usual and customary with the vessels of the nation where the damage happens, permitting them to unload the said vessel, if necessary, of its merchandise and effects, and to reload the No duties, except, same, or part thereof, paying no duties whatsoever but such as shall be due upon the articles left for consumption. &c. Vessels may com plete their crews. ARTICLE X. 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 enrolment be voluntary. Vessels, &c., cap found within, &c., to be delivered to own one year. ARTICLE XI. All ships, merchandise, and effects belonging to the citizens of one of the contracting parties, which may be captured by pirates, tured by pirates, and whether within the limits of its jurisdiction or on the high ers, if claimed within seas, 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 well understood that the claim should be made within the term of one year, by the parties themselves, their attor neys, or agents of the respective Governments. Private property war, to be exempt ARTICLE XII. The high contracting parties agree that, in the unfortunate event of a war between them, the private property of their respect of, &c., in case of ive citizens and subjects, with the exception of contraband from capture. 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. Exemption not to extend to, &c. ARTICLE XIII. The high contracting parties having agreed that a state of war between one of them and a third Power shall not, except in What to constitute the cases of blockade and contraband of war, affect the neu- algal blockade, tral commerce of the other, and being desirous of removing every uncertainty which may hitherto have arisen respecting that which, upon principles of fairness and justice, ought to constitute a legal blockade, they hereby expressly declare that such places only shall be considered blockaded as shall be actually invested by naval forces capable of preventing the entry of neutrals, and so stationed as to create an evident danger on their part to attempt it. ARTICLE XIV. Vessels attemptenter a blockaded tained, &c., unless, &c. And whereas it frequently happens that vessels sail for a port or a place belonging to an enemy without knowing that the same is besieged, blockaded, or invested, it is agreed that ing in ignorance to every vessel so circumstanced may be turned away from port not to be de such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband of war, be confiscated, unless, after a warning of such blockade or investment from an officer commanding a vessel of the blockading forces, by an endorsement of What endorsement such officer on the papers of the vessel, mentioning the date on the vessel's papers. and the latitude and longitude where such endorsement was made, she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either, that may have entered into such a port before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor, if found therein after the reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof; and if any vessel, having thus entered any port before the blockade took place, shall take on board a cargo after the blockade port, when blockade be established, 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 the said warning, the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as a vessel attempting to enter a blockaded port after being warned off by the blockading forces. ARTICLE XV. As to vessels in is established. The liberty of navigation and commerce secured to neutrals by the stipulations of this treaty shall extend to all kinds of mer- What to be deemed chandise, excepting those only which are distinguished by contraband of war. the name of contraband of war. And, in order to remove all causes of doubt and misunderstanding upon this subject, the contracting parties expressly agree and declare that the following articles, and no others, shall be considered as comprehended under this denomination: 1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, 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. Citizens of either country may from any port and &c., of those who other. Free ships to make ARTICLE XVI. It shall be lawful for the citizens of the United States, and for the subjects of the Kingdom of Italy, to sail with their ships sail with all manner of liberty and security, no distinction being trade in the ports, made who are the proprietors of the merchandise laden are enemies of the thereon, from any port to the places of those who now are, or hereafter shall be, at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with 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 either party without any opposition or disturbance whatever, not only directly from the places of the enemy be fore mentioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one Power or under several; and it is hereby stipulated that free ships shall also give freedom to goods, free goods, contra- and that everything shall be deemed to be free and exempt band excepted. from capture which shall be found on board the ships be longing to the citizens of either of the contracting parties, although the whole lading or any part thereof should appertain to the enemies of the other, contraband goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons except, &c. who are on board of a free ship; and they shall not be taken out of that free ship unless they are officers or soldiers, and in the actual service of the enemy: Provided, however, and it is extend only to what hereby 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 recognize this principle, but if either of the two contracting parties shall be at war with a third, and the other neutral, the flag of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not of others. And free persons, This privilege to flags. What to be deemed ARTICLE XVII. All vessels sailing under the flag of the United States, and furnished with such papers as their laws require, shall be regarded in vessels of the United Italy as vessels of the United States, and, reciprocally, all vessels sailing under the flag of Italy, and furnished with the papers which the laws of Italy require, shall be regarded in the United States as Italian vessels. Stites, and what ARTICLE XVIII. Examination on In order to prevent all kinds of disorder in the visiting and examina tion of the ships and cargoes of both the contracting par the high seas of the ties on the high seas, they have agreed, mutually, that one country by the whenever a vessel of war shall meet with a vessel not of war of the other contracting party, the first shall remain at merchant vessels of war vessels of the other. |