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sions, give sufficient security to answer for all the 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 her papers, or for any other purpose whatever.(1)
972. To avoid all kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to the citizens of the two contracting parties, they have agreed, and do agree, that in case one of them should be engaged in war, the ships and vessels belonging to the citizens of the other must be furnished with sea letters or passports, expressing the name, property and bulk of the ship, as also the name and place of habitation of the master or commander of said vessel, in order that it may thereby appear, that the ship really and truly belongs to the citizens of one of the parties; they have agreed that such ships being laden, besides the said sea letters or passports, shall also 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 forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the place whence the ship sailed, in the accustomed form; without which requisites, said vessel may be detained to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be satisfied or supplied by testimony entirely equivalent.(2)
973. It is further agreed, that the stipulations above expressed relative to the visiting and examination of vessels, shall apply only to those 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 honour, 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.(3)
974. It is further agreed, that in all cases the established courts for prize causes, in the country to which the prizes may be conducted, shall alone take cognizance of them. And whenever such tribunal of either party shall pronounce judgment against any vessel or goods, or property claimed by the citizens of the other party, the sentence or decree shall mention 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 in the case, shall, if demanded, be delivered to the commander or agent of said vessel, without any delay, he paying the legal fees for the same.(4)
975. Whenever one of the contracting parties shall be engaged in war with 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 the pain of being treated as a pirate.(5)
976. If, by any fatality which cannot be expected, and which God forbid, the two contracting parties shall 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, giving to them the safe conduct necessary for it, which may serve as a sufficient protection until they arrive at the designed port. The citizens of all other occupations who may be established in the territories or dominions of
(1) Treaty Oct. 1824, sec. 18.
(2) Ibid. sec. 19.
(3) Ibid. sec. 20.
(4) Ibid. sec. 21.
the United States and of the Republic of Colombia, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which in consideration of humanity the contracting parties engage to give them.(1)
977. Neither the debts due from individuals of the one nation to the individuals of the other, nor shares, nor moneys, which they may have in public funds, nor in public or private banks, shall ever, in any event of war, or of national difference, be sequestered or confiscated.(2)
978. Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official intercourse, have agreed, and do agree, to grant to the envoys, ministers, and other public agents, the same favours, immunities, and exemptions, which those of the most favoured nation do or shall enjoy; it being understood that whatever favours, immunities, or privileges, the United States of America or the Republic of Colombia may find it proper to give to the ministers and public agents of any other power, shall by the same act be extended to those of each of the contracting parties.(3)
979. To make more effectual the protection which the United States and the Republic of Colombia 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 in them all the rights, prerogatives, and immunities, of the consuls and vice consuls of the most favoured nation; each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such consuls may not seem convenient.(4)
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 exercise of their functions, exhibit their commission or patent in due form to the government to which they are accredited; and having obtained their Exequatur, they shall be held and considered as such by all the authorities, magistrates, and inhabitants, in the consular district in which they reside.(5)
980. It is likewise agreed, that the consuls, their secretaries, officers, and persons attached to the service of consuls, they not being citizens of the country in which the consul resides, shall be exempt from all public service, and also from all kind of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce, or their property, to which the citizens and inhabitants, native and foreign, of the country in which they reside are subject, being in every thing besides 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 seize, or in any way interfere with, them.(6)
981. The said 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 that purpose they shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers, of the vessel's or ship's roll, or other public documents, that those men were part of the said crews; and on this demand, so proved, (saving, however, where the contrary is proved,) the delivery shall not be
(1) Treaty Oct. 1824. sec. 23.
(2) Ibid. sec. 24.
(3) Ibid. sec. 25.
(4) Ibid. sec. 26.
refused. Such deserters, when arrested, shall be put at the disposal of the said 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 belonged, or to others of the same nation. But if they be not sent back 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.(1)
982. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit them, to form a consular convention, which shall declare specially the powers and immunities of the consuls and vice consuls of the respective parties.(2)
983. The United States of America and the Republic of Colombia, desiring to make as durable as circumstances will permit, the relations which are to be established between the two parties by virtue of this treaty, or general convention of peace, amity, commerce, and navigation, have declared solemnly, and do agree to the following points:
1st. The present treaty shall remain in full force and virtue for the term of twelve years, to be counted from the day of the exchange of the ratifications, in all the parts relating to commerce and navigation; 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 infringe any of the articles of this treaty, such citizen shall be held personally responsible for the same, and the harmony and good correspondence between the nations shall not be interrupted thereby; each party engaging in no way to protect the offender, or sanction such violation.
3dly. If, (what, indeed, cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated or infringed in any other way whatever, it is expressly stipulated, that neither of the contracting parties will order or authorize any acts of reprisal, nor declare war against the other, on complaints of injuries or damages, until the said party considering itself offended, shall first have presented to the other a statement of such injuries or damages, verified by competent proof, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed.
4thly. Nothing in this treaty contained shall, however, be construed, or operate contrary to former and existing public treaties with other sovereigns or states.(3)
984. Vessels of the Republic of Colombia, and, their cargoes, whether of foreign or domestic produce or manufacture, which shall come direct from the ports of that nation to the United States, shall pay no greater duties on importation, anchorage, tonnage, or any other kind, than are now, or here. after may be, levied on the vessels of the United States.(4)
The restriction of coming direct from a port in Colombia, contained in the preceding section, shall be taken off, as soon as the president shall receive satisfactory evidence, that a like restriction is taken off from vessels of the United States in the ports of the Republic of Colombia, and shall make known the same by his proclamation declaring the fact.(5)
If the president of the United States shall at any time receive satisfactory information that the privileges allowed or which may be allowed to American vessels and their cargoes in the ports of Colombia, corresponding with
(1) Treaty Oct. 1824, sec. 29.
(2) Ibid. sec. 30.
(3) Ibid. sec. 31.'
(4) Act May 19th, 1832, sec. 1.
those, extended, or to be extended by this act, to Colombian vessels and their cargoes in the ports of the United States, have been revoked or annulled, he is hereby authorized, by proclamation, to suspend the operation of either or both of the provisions of this act, as the case may be, and to withhold any or all the privileges allowed, or to be allowed, to Colombian vessels or their cargoes.(1)
RELATIONS WITH THE FEDERATION OF CENTRAL AMERICA.'
Peace and amity declared, Art. 1, see supra, Art. Favours by one party granted to other nations to become common to the other, Art. 2, see supra 956 Navigation and commerce of the respective countries based on equality and reciprocity-coasting trade excepted, Art. 3, Whatever may be imported or exported in the vessels of the one, may be imported or exported in those of the other country, upon like duties, &c. Art. 4, Duties of import or export, on the produce, &c. of either country to be no higher than on the produce, &c. of other foreign countries, Art. 5, Citizens of each party allowed to manage their business in the ports of the other, Art. 6, see supra Detention of vessels prohibited without indemnification, Art. 7, Citizens of one party seeking refuge with the other to be treated as
Neutral property in enemy's vessels deemed enemy's property, Art. 15, 967 Liberty of navigation, &c. extended
to all property not contrabandblockade defined, Art. 16, 17, 968 Contraband subject to confiscation, Art. 18, Proceedings in case of vessels proceeding to, departing from, or remaining in blockaded ports, Art. 19, Rules to be observed on visiting vessels at sea, Art. 20, Vessels to be furnished with sea letters and manifests-when, Art. 21, 972 Vessels under convoy to pass on word of commander, Art. 22, Prize courts to judge of prize—
reasons and copy of judgment to be furnished, Art. 23, Citizens of one party not to take let
The articles of treaty of 5th December, 1825, are similar in all respects to those of the treaty with Colombia (mutatis mutandis) except articles 3, 4, and 5, which are given here in full; reference is therefore made for the other articles to the treaty with Colombia, in the above syllabus.
ART. 985. The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries on the liberal basis of perfect equality and reciprocity, mutually agree that the citi zens of each may frequent all the coasts and countries of the other, and reside and trade there, in all kinds of produce, manufactures, and merchandise, and they shall enjoy all the rights, privileges, and exemptions, in navigation and commerce, which native citizens do or shall enjoy, submitting themselves to the laws, decrees, and usages there established, to which native citizens are subjected. But it is understood that this article does not include the coast. ing trade of either country.(1)
986. They likewise agree, that whatever kind of produce, manufacture, 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 vessels of the Federation of the Centre of America; and that no higher or other duties, upon the tonnage of the vessel, or cargo, shall be levied and collected, whether the importation be made in vessels of the one country or the other. And in like manner, that whatever kind of produce, manufactures, or merchandise, of any foreign country, can be, from time to time, lawfully imported into the Central Republic, 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 the other. And they further agree, that whatever may be lawfully exported, or re-exported from the one country, in its own vessels to any foreign country, may in 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 the Central Republic.(2)
987. No higher or other duties shall be imposed on the importation into the United States of any articles, the produce or manufactures of the Federation of the Central Republic of America, and no higher or other duties shall be imposed on the importation into the Federation of the Centre of America, 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 manufactures of any other foreign country; nor shall any higher or other duties, or charges, be imposed in either of the two countries, on the exportation of any articles to the United States, or to the Federation of the Centre of Ame rica, respectively, than such as are payable on the exportation of the like articles to any other foreign country, nor shall any prohibition be imposed on the exportation or importation of any article the produce or manufactures of the United States or of the Federation of the Centre of America, to or from the territories of the United States, or to or from the territories of the Federation of the Centre of America, which shall not equally extend to all other nations.(3)
(1) Treaty of 5th December, 1835, Art. 3.
(2) Ibid, art. 4.
(3) Ibid. art. 5.