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goods and effects belonging to the citizens of the state in which they reside respectively; nor shall the debts between individuals, nor moneys in the pub. lic funds, or in public or private banks, nor shares in companies, be confis. cated, embargoed, or detained.(1)
1021. 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 character, they shall, before entering upon 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 inha. bitants of the consular district in which they reside. It is agreed likewise to receive and admit consuls and vice consuls in all the ports and places open to foreign commerce, who shall enjoy therein all the rights, prerogatives, and immunities of the consuls and vice consuls of the most favoured nation, each of the contracting parties remaining at liberty to except those ports and places in which the admission and residence of such consuls and vice consuls may not seem expedient.(2)
1022. For the purpose of regulating the interior commerce between the frontier territories of both republics, it is agreed that the executive of each shall have power, by mutual agreement, of determining on the route and Establishing the roads by which such commerce shall be conducted ; and in all cases where the caravans employed in such commerce may require convoy and protection by military escort, the supreme executive of each nation, shall, by mutual agreement, in like manner, fix on the period of departure for such caravans, and the point at which the military escort of the two nations shall be exchanged. And it is further agreed, that, until the regulations for governing this interior commerce between the two nations shall be Established, that the commercial intercourse between the state of Missouri of the United States of America, and New Mexico in the United Mexican States, shall be conducted as heretofore, each government affording the necessary protection to the citizens of the other.(3)
1023. It is likewise agreed that the two contracting parties shall, by all the means in their power, maintain peace and harmony among the several lodian nations who inhabit the lands adjacent to the lines and rivers which form the boundaries of the two countries; and the better to attain this object, both parties bind themselves expressly to restrain, by force, all hostili. ties and incursions on the part of the Indian nations living within their respective boundaries ; so that the United States of America will not suffer their Indians to attack the citizens of the United Mexican States, nor the In. dians inhabiting their territory; nor will the United Mexican States permit the Indians residing within their territories to commit hostilities against the citizens of the United States of America, nor against the Indians residing within the limits of the United States, in any manner whatever.
And in the event of any person or persons captured by the Indians who inhabit the territory of either of the contracting parties, being or having been carried into the territories of the other, both governments engage and bind themselves in the most solemn manner to return them to their country as soon as they know of their being within their respective territories, or to deliver them up to the agent or representative of the government that claims ther, giving to each other, reciprocally, timely notice, and the claimant paying the expenses incurred in the transmission and maintenance of such person or persons, who, in the mean time, shall be treated with the utmost
(1) Treaty 5th April, 1831, Art. 26. (2) Ibid. Art. 28.
(3) Ibid. Art. 32.
hospitality by the local authorities of the place where they may be. Nor shall it be lawful, under any pretext whatever, for the citizens of either of the contracting parties to purchase or hold captive prisoners made by the Indians inhabiting the territories of the other.(1)
1024. The United States of America and the United Mexican States, de. siring 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 amity, commerce, and navigation, have declared solemnly, and do agree to the following points :
First. The present treaty shall remain and be of force for eight years from the day of the exchange of the ratifications, and until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other, at the end of said term of eight years. And it is hereby agreed between them, that, on the expiration of one year after such notice shall have been received by either of the parties from the other party, this treaty, in all its parts, relating to commerce and navigation, shall altogether cease and determine, and in all those parts which relate to peace and friendship, it shall be permanently and perpetually binding on both the contracting parties.
Secondly. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizens shall be held personally responsible for the same ; and the harmony and good correspondence between the two nations shall not be interrupted thereby ; each party engaging, in no way, to protect the offender, or sanction such violation.
Thirdly. If (what indeed cannot be expected) any of the articles contained in the present treaty shall be violated or infracted in any manner whatever, it is 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 proofs, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed.
Fourthly. Nothing in this treaty contained, shall however be construed to operate contrary to former and existing public treaties with other sovereigns or states.(2)
1025. Whereas, in the present state of the Mexican shipping, it would not be possible for Mexico to receive the full advantage of the reciprocity established in the fifth and sixth articles of the treaty signed this day, it is agreed that for the term of six years, the stipulations contained in the said articles shall be suspended ; and in lieu thereof, it is hereby agreed, that, until the expiration of the said term of six years, American vessels entering into the ports of Mexico, and all articles, the produce, growth, or manufacture of the United States of America, imported in such vessels, shall pay no other or higher duties, than are or may hereafter be payable in the said ports by the vessels and the like articles, the growth, produce, or manufacture of the most favoured nation ; and, reciprocally, it is agreed that Mex. ican vessels entering into the ports of the United States of America, and all articles, the growth, produce, or manufacture of the United Mexican States, imported in such vessels, shall pay no other or higher duties than are, or may hereafter be, payable in the said ports by the vessels and the like ar. ticles, the growth, produce, or manufacture of the most favoured nation ; and that no higher duties shall be paid, or bounties or drawbacks allowed, on the exportation of any article, the growth, produce, or manufacture of either country, in the vessels of the other, than upon the exportation of the like articles in the vessels of any other foreign country (1)
(1) Treaty 5th April, 1831, Art. 33.
(2) Ibid. Art. 34.
1026. The limits of the United States of America with the bordering territories of Mexico having been fixed and designated by a solemn treaty, concluded and signed at Washington, on the twenty-second day of February, in the year of our Lord one thousand eight hundred and nineteen, between the respective plenipotentiaries of the government of the United States of America, on the one part, and of that of Spain on the other : And whereas, the said treaty having been sanctioned at a period when Mex. ico constituted a part of the Spanish monarchy, it is deemed necessary now to confirm the validity of the aforesaid treaty of limits, regarding it as still in force and binding between the United States of America and the United Mexican States.(2)
1027. The dividing limits of the respective bordering territories of the United States of America and of the United Mexican States, being the same as were agreed and fixed upon by the above mentioned treaty of Washington, concluded and signed on the twenty-second day of February, in the year one thousand eight hundred and nineteen, the two high contracting parties will proceed forthwith to carry into full effect the third and fourth articles of said treaty, which are herein recited, as follows :(3)
The boundary line between the two countries, west of the Mississippi, shall begin on the gulf of Mexico, at the mouth of the river Sabine, in the sea, continuing north along the western bank of that river, to the 32d de. gree of latitude ; thence, by a line due north, to the degree of latitude where it strikes the Rio Roxo of Natchitoches, or Red river; then, following the course of the Rio Roxo westward, to the degree of longitude 100 west from London, and 23 from Washington; then, crossing the said Red river, and running thence by a line due north, to the river Arkansas ; thence, following the course of the southern bank of the Arkansas, to its source, in latitude 42 north ; and thence, by that parallel of latitude, to the South sea : the whole being as laid down in Melish's map of the United States, published at Philadelphia, improved to the first of January, 1818. But, if the source of the Arkansas river shall be found to fall north or south of latitude 42, then the line shall run from the said source due south or north, as the case may be, till it meets the said parallel of latitude 42; and thence, along the said parallel, to the South sea. All the islands in the Sabine, and the said Red and Arkansas rivers, throughout the course thus described, to belong to the United States; but the use of the waters, and the navigation of the Sabine to the sea, and of the said rivers Roxo and Arkansas, throughout the extent of the said boundary on their respective banks, shall be common to the respective inhabitants of both nations.
The two high contracting parties agree to cede and renounce all their rights, claims, and pretensions to the territories described by the said line; that is to say: the United States hereby cede to his Catholic majesty, and renounce for ever, all their rights, claims, and pretensions to the territories lying west and south of the above described line; and, in like manner, his Catholic majesty cedes to the said United States all his rights, claims, and pretensions to any territories east and north of the said line; and for him.
(1) Additional Art. Treaty, 5th April, 1831.
(2) Treaty, 12th April, 1828, preamble.
(3) Ibid. Art. 1.
self, his heirs, and successors, renounces all claim to the said territories for
1028. To fix this line with more precision, and to place the landmarks which shall designate exactly the limits of both nations, each of the contracting parties shall appoint a commissioner and a surveyor, who shall meet before the termination of one year from the date of the ratification of this treaty, at Natchitoches, on the Red river, and proceed to run and mark the said line, from the mouth of the Sabine to the Red river, and from the Red river to the river Arkansas, and to ascertain the latitude of the source of the said river Arkansas, in conformity to what is agreed upon and stipulated, and the line of latitude 42, to the South sea. They shall make out plans, and keep journals of their proceedings ; and the result agreed upon by them shall be considered as part of this treaty, and shall have the same force as if it were inserted therein. The two governments will amicably agree respecting the necessary articles to be furnished to those persons, and also as to their respective escorts, should such be deemed necessary.*
1029. Within the space of one year, to be estimated from the date of the exchange of the ratifications of this said additional article, there shall be appointed by the government of the United States of America, and of the Mexican United States, each a commissioner and surveyor, for the purpose of fixing with more precision the dividing line, and for establishing the land-marks of boundary and limits between the two nations, with the ex. actness stipulated by the third article of the treaty of limits, concluded and signed in Mexico on the 12th day of January, 1828, and the ratifications of which were exchanged in Washington city on the 5th day of April, 1832. And the present additional article shall have the same force and effect as if it had been inserted word for word in the above mentioned treaty of the 12th of January, 1828, and shall be approved and ratified in the manner prescribed by the constitutions of the respective states.(1)
RELATIONS WITH THE OTTOMAN PORTE.
Merchants put as to duties, &c. on Flag of the United States to be rethe footing of the most favoured spected
not to be lent to others, nations 1030 &c.
1034 Provision relative to consuls 1031 Deportment of vessels of war 1035 Provision for employment of bro- Passage of the Dardanelles grantkers-visit of American vessels 1032 ed
1036 Provision for settlement of disputes Ships not to be impressed 1037
between citizens and subjects of Relief to be given to wrecked res-
(1) Additional Article, Convention 3d April, 1835.
* The treaty of 12th April, 1828, was not ratified until 5th April, 1832, and then, pursuant to an additional article of 5th April, 1831. But the boundary not having been run, provision was made for it by the second additional article numbered in the text 1029. By act 7th July, 1832, the president was authorized to appoint, with consent of the senate, a commissioner, surveyor and clerk, for running the boundary. By that act, the commissioners were allowed $2500 salary each; surveyor $2000, and clerk $1000; to commence when ordered into service.
ART. 1030. Merchants of the Sublime Porte, whether Musselmans or Rayahs, going and coming, in the countries, provinces, and ports, of the United States of America, or proceeding from one port to another, or from the ports of the United States to those of other countries, shall pay the same duties and other imposts that are paid by the most favoured nations : and they shall not be vexed by the exaction of higher duties; and in travelling by sea and by land, all the privileges and distinctions observed towards the subjects of other powers, shall serve as a rule, and shall be observed towards the merchants and subjects of the Sublime Porte.
In like manner, American merchants who shall come to the well defended countries and ports of the Sublime Porte, shall pay the same duties and other imposts, that are paid by merchants of the most favoured friendly powers, and they shall not, in any way, be vexed or molested. On both sides, travelling passports shall be granted.(1)
1031. The Sublime Porte may establish Shahbenders (consuls) in the United States of America : and the United States may appoint their citizens to be consuls or vice consuls, at the commercial places in the dominions of the Sublime Porte, where it shall be found needful to superintend the affairs of commerce. These consuls or vice consuls shall be furnished with Berats or Firmans ; they shall enjoy suitable distinction, and shall have necessary aid and protection.(2)
1032. American merchants established in the well defended states of the Sublime Porte, for purposes of commerce, shall have liberty to employ Sem. sar8 (brokers) of any nation or religion, in like manner as merchants of other friendly powers: and they shall not be disturbed in their affairs, nor shall they be treated, in any way, contrary to established usages. American vessels arriving at, or departing from, the ports of the Ottoman Empire, shall not be subjected to greater visit, by the officers of the customhouse and the chancery of the port, than vessels of the most favoured nation.(3)
1033. If litigations and disputes should arise between the subjects of the Sublime Porte and citizens of the United States, the parties shall not be heard, nor shall judgment be pronounced unless the American Dragoman be present. Causes in which the sum may exceed five hundred piastres, shall be submitted to the Sublime Porte, to be decided according to the laws of equity and justice. Citizens of the United States of America, quietly pursuing their commerce, and not being charged or convicted of any crime or offence, shall not be molested ; and even when they may have committed some offence, they shall not be arrested and put into prison, by the local authorities, but they shall be tried by their minister or consul, and punished according to their offence, following, in this respect, the usage observed towards other Franks.(4)
1034. American merchant vessels that trade to the dominions of the Sublime Porte, may go and come in perfect safety with their own flag; but they shall not take the flag of any other power, nor shall they grant their flag to the vessels of other nations and powers, nor to the vessels of rayahs. The minister, consul, and vice consuls of the United States shall not protect, secretly or publicly, the rayahs of the Sublime Porte, and they shall never suffer a departure from the principles here laid down and agreed to by mutual consent.(5)
(1) Treaty of 7th May, 1830, Art. 1.
(4) Ibid. Art. 4.