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from the day of the exchange of the ratification; and if twelve months before the expiration of that period, neither of the high contracting parties shall have announced by an official notification to the other, its intention to arrest the operation of said treaty, it shall remain binding for one year beyond that time, and so on, until the expiration of the twelve months which will follow a similar notification, whatever the time at which it may take place (1)
RELATIONS WITH MEXICO.
Peace and amity declared, art. 1– blockaded port. Article 21 of Treaty 5th April, 1831, similar to treaty, similar to article supra
970 955 Visiting ships at sea regulated. Footing of the most favoured nation Article 22 of treaty, similar to arsecured to the parties 1004
971 Entry into the ports of the respective Vessels to be furnished with sea
parties secured_terms of 1005 letters and manifests—when. ArDutes on imports and exports of ticle 23 of treaty, similar to article produce, &c. 1006 supra
972 Duity on tonnage-light, &c. 1007 Vessel sailing under a convoy to Duties on imports and exports of pass on word of commander. Ar.
the produce, &c. of the respect. ticle 24 of treaty, similar to article ive countries to be the same in
973 vessels of either
1008 Prize courts to have sole cognizance Privileges of merchants, &c. in the of prizes, &c. Article 25 of trea.
ports of respective parties 1009 ty, similar to article supra 974 Detention of citizens and their ves- Provision for benefit of the citizens
sels prohibited, without indemni. in case of war between the parfication 1010 ties
1020 Citizens exempted from military Privileges of ministers and public
service, contributions, &c. 1011 agents. Article 27 of treaty, Citizens seeking refuge in harbours, similar to article supra
978 &c. to be treated with humanity 1012 Consuls, &c. to be duly accredited Vessels, &c. captured by pirates to and admitted
1021 be delivered to owners
1013 Consuls, &c. to be exempt from speAssistance to be given in case of cial services and contributions. wrecks, &c.
1014 Article 29 of treaty, similar to arProvision relative to the disposition
980 of personal estate
1015 Provisions for retention and delivePersons and property of either party ry of deserting seamen. Article
to be protected in the territory of 30 of treaty, similar to article suthe other 1016
981 Provision relating to religion and Consular convention to be framed. burial
1017 Article 31 of treaty, similar to arProvision relating to vessels sailing
982 to or from enemies' ports 1018 Provision for regulating interior What property protected by neutral
1019 Indian hostilities to be restrained, Contraband excepted and defined
and captives restored
1023 blockade defined-articles 18 and Duration of treaty
1024 19 of treaty, similar to article Fifth and sixth articles of treaty 5th supra
April, 1831, suspended-substiContraband liable to confiscation
1025 vessel and rest of cargo free. Ar- Treaty of limits with Spain recogticle 20 of treaty similar to article
1026 supra 969 Dividing limits specified
1027 Provision relative to vessels going Provision for running the boundary 1028 to, remaining in, or coming from Further provision for running bound
1029 (1) Treaty 27th Aug. 1829, art. 12.
ART. 1004. The United States of America and the United Mexican States, designing to take for the basis of their agreement the most perfect equality and reciprocity, engage mutually not to grant any partieular favour to other nations in respect of commerce and navigation, which shall not immediately become common to the other party; who shall enjoy the same freely, if the concession was freely made, or upon the same conditions, if the concession was conditional.(1)
1005. The citizens of the two countries respectively shall have liberty, freely and securely to come with their vessels and cargoes to all such places, ports, and rivers of the United States of America and of the United Mexican States, to which other foreigners are permitted to come; to enter into the same, and to remain and reside in any part of the said territories respectively; also, to hire and occupy houses and warehouses for the purposes of their commerce, and to trade therein, in all sorts of produce, manufactures, and merchandise; and, generally, the merchants and traders of each nation shall enjoy the most complete protection and security for their commerce.
And they shall not pay higher or other duties, imposts, or fees whatso. ever, than those which the most favoured nations are or may be obliged to pay; and shall enjoy all the rights, privileges, and exemptions, with respect to navigation and commerce, which the citizens of the most favoured nations do or may enjoy; but subject always to the laws, usages, and statutes of the two countries respectively.
The liberty to enter and discharge the vessels of both nations of which this article treats, shall not be understood to authorize the coasting trade, which is permitted to national vessels only.(2)
1006. No higher or other duties shall be imposed on the importation into the United Mexican States of any article, the produce, growth, or manufac. ture of the United States of America, than those which the same or like articles, the produce, growth, or manufacture of any other foreign country do now or may hereafter pay; nor shall articles, the produce, growth, or manufacture of the United Mexican States, be subject on their introduction into the United States of America, to higher or other duties than those which the same or like articles of any other foreign country do now or may hereafter pay.
Higher duties shall not be imposed in the respective states on the exportation of any article to the states of the other contracting party, than those which are now or may hereafter be paid on the exportation of the like arti. cles to any other foreign country; nor shall any prohibition be established on the exportation or importation of any article, the produce, growth, or manufacture of the United States of America, or of the United Mexican States respectively, in either of them, which shall not in like manner be established with respect to other foreign countries.(3)
1007. No higher or other duties or charges on account of tonnage, light or harbour dues, pilotage, salvage in case of damage or shipwreck, or any other local charges, shall be imposed, in any of the ports of Mexico, on ves. sels of the United States of America, than those payable in the same ports by Mexican vessels ; nor in the ports of the United States of America, on Mexican vessels, than shall be payable in the same ports on vessels of the United States of America.(4)
1008. The same duties shall be paid on the importation into the United Mexican States, of any article, the growth, produce, or manufacture of the United States of America, whether such importation shall be in Mexican
(1) Treaty 5th April, 1831, art. 2. (2) Ibid. art. 3.
(3) Ibid. art. 4. (4) Ibid. art. 5.
vessels or in vessels of the United States of America; and the same duties shall be paid on the importation into the United States of America, of any article, the growth, produce, or manufacture of Mexico, whether such importation shall be in vessels of the United States of America or in Mexican vessels. The same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation to Mexico of any articles, the growth, produce, or manufacture of the United States of America, whether such exportation shall be in Mexican vessels or in vessels of the United States of America; and the same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any articles, the growth, produce, or manufacture of Mexico, to the United States of America, whether such exportation shall be in vessels of the United States of America or in Mexican vessels.(1)
1009. All merchants, captains, or commanders of vessels, and other citi: zens of the United States of America, shall have full liberty in the United Mexican States to direct or manage themselves, their own affairs, or to commit them to the management of whomsoever they may think as broker, factor, agent, or interpreter; nor shall they be obliged to employ for the aforesaid purposes any other persons than those employed by Mexicans, nor to pay them higher salaries or remuneration than such as are in like cases paid by Mexicans: and absolute freedom shall be allowed in all cases to the buyer and seller to bargain and fix the prices of any goods, wares, or merchandise imported into, or exported from, the United Mexican States, as they may think proper ; observing the laws, usages, and customs of the country. The citizens of Mexico shall enjoy the same privileges in the states and territories of the United States of America, being subject to the same conditions.(2)
1010. The citizens of neither of the contracting parties shall be liable to any embargo, nor shall their vessels, cargoes, merchandise, or effects, be de. tained for any military expedition, nor for any public or private purpose whatsoever, without a corresponding compensation.(3)
1011. The citizens of both countries, respectively, shall be exempt from compulsory service in the army or navy; nor shall they be subject to any other charges, or contributions, or taxes, than such as are paid by the citizens of the states in which they reside.(4)
1012. Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports, or dominions of the other with their vessels, whether merchant or of war, public or private, through stress of weather, pursuit of pirates or enemies, they shall be received and treated with humanity, with the precautions which may be deemed expedient on the part of the respective governments in order to avoid fraud, giving to them all favour and protection for repairing their vessels, procuring provisions, and placing themselves in a situation to continue their voyage without obstacle or hinderance of any kind.(5)
1013. All vessels, merchandise, or effects, belonging to the citizens of one of the contracting parties, which may be captured by pirates, whether within the limits of its jurisdiction, or on the high seas, and may be carried into or found in the rivers, 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 tribunal ; it being well understood that the claim shall be made within one year, counting from the capture of said vessels or merchandise, by the parties themselves, or their attorneys, or by the agents of their respective governments.(1)
(1) Treaty 5th April, 1831, art. 6.
(4) Ibid. art. 9.
1014. When any vessel belonging to the citizens of either of the contracting parties, shall be wrecked, foundered, or shall suffer any damage on the coasts or within the dominions of the other, there shall be given to it all the 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 effects, with the precautions which may be deemed expedient on the part of the respective governments, in order to avoid fraud, without exacting for it any duty, impost, or contribution whatever, until they be exported.(2)
1015. In whatever relates to the succession of [personal] estates, either by will or ab intestato (and the right of] disposal of such property, of what. ever sort or denomination it may be, by sale, donation, exchange, or testament, or in any other manner whatsoever, the citizens of the two contracting parties shall enjoy, in their respective states and territories, the same privileges, exemptions, liberties, and rights, as native citizens; and shall not be charged, in any of these respects, with other or higher duties or imposts, than those which are now, or may hereafter be paid by the citizens of the power in whose territories they may reside.(3)
1016. Both the contracting parties promise and engage to give their spe. cial protection to the persons and property of the citizens of each other, of all occupations, who may be in their territories, subject to the jurisdiction of the one or the other, transient or dwelling therein ; leaving open and free to them the tribunals of justice for their judicial recourse, on the same terms which are usual and customary with the natives or citizens of the country in which they may be; for which they may 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 the citizens of either party, or their agents, shall enjoy, in every respect, the same rights and privileges, either in prosecuting or defending their rights of person or of property, as the citizens of the country where the cause may be tried.(4)
1017. The citizens of the United States of America, residing in the United Mexican States, shall enjoy in their houses, persons, and properties, the protection of the government, with the most perfect security and liberty of conscience: they shall not be disturbed or molested, in any manner, on ac. count of their religion, so long as they respect the constitution, the laws, and established usages of the country where they reside; and they shall also enjoy the privilege of burying the dead in places which now are, or may bereafter be assigned for that purpose; nor shall the funerals or sepulchres of the dead be disturbed in any manner, nor under any pretext.
The citizens of the United Mexican States shall enjoy, throughout all the states and territories of the United States of America, the same protection; and shall be allowed the free exercise of their religion, in public or in private, either within their own houses, or in the chapels or places of worship set apart for that purpose.(5)
1018. It shall be lawful for the citizens of the United States of America, and of the United Mexican States respectively, to sail with their vessels with all manner of security and liberty, no distinction being made who are the owners of the merchandise laden thereon, from any port to the places of those who now are, or may hereafter be at enmity with the United States of America or with the United Mexican States. It shall likewise be lawful for the aforesaid citizens respectively to sail with their vessels 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 whatsoever, not only directly from the places of the enemy, before 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 the same government or under several; and it is hereby stipulated that free ships shall also give freedom to goods; and that every thing shall be deemed free and exempt which shall be found on board the vessels belonging to the citizens of either of the con. tracting parties, although the whole lading or any part thereof should apper. tain to the enemies of either, contraband goods being always excepted. It is also agreed that the same liberty be extended to persons who are on board a free vessel, so that, although they be enemies, to either party, they shall not be made prisoners, or taken out of that free vessel, unless they are sol. diers, and in the actual service of the enemy. By the stipulation that the flag shall cover the property, the two contracting parties agree that this shall be so understood with respect to those powers which recognize this principle; but if either of the two contracting parties shall be at war with a third party, and the other neutral, the flag of the neutral shall cover the property of enemies whose governments acknowledge this principle, and not of others.(1)
(1) Treaty 5th April, 1831, Art. 11.
(4) Ibid. art. 14,
1019. It is likewise agreed that in the case where the neutral flag of one of the contracting parties shall protect the property of the enemies of the other, by virtue of the above stipulation, it shall always be understood that the neutral property found on board such enemics' vessels shall be held and considered as enemies' property, and as such shall be liable to detention and confiscation, except such property as was put on board such vessel before the declaration of war, or even afterwards if it were done without the knowledge of it: but the contracting parties agree that four months having elapsed after the declaration, their citizens shall not plead ignorance thereof; on the contrary, if the flag of the neutral does not protect the enemy's property, in that case the goods and merchandises embarked in such enemy's vessel shall be free.(2)
1020. For the greater security of the intercourse between the citizens of the United States of America and of the United Mexican States, it is agreed now for then, that if there should be at any time hereafter an interruption of the friendly relations which now exist, or a war unhappily break out between the two contracting parties, there shall be allowed the term of six months to the merchants residing on the coast, and one year to those residing in the interior of the states and territories of each other respectively, to arrange their business, dispose of their effects, or transport them wheresoever they may please, giving them a safe conduct to protect them to the port they may designate. Those citizens who may be established in the states and territories aforesaid, exercising any other occupation or trade, shall be permitted to remain in the uninterrupted enjoyment of their liberty and property, so long as they conduct themselves peaceably, and do not commit any offence against the laws; and their goods and effects, of whatever class and condition they may be, shall not be subject to any embargo or sequestration whatever, nor to any charge nor tax other than may be established upon similar
(1) Treaty 5th April, 1831, Art. 16.
(2) Ibid. art. 17.