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Vessels under convoy to pass on Privileges of public ministers, &c.
word of commander, Article 23, Article 28, like Article supra 978 like to Article supra
973 Consuls to be admitted on exhibit. Prize courts to have sole cogni- ing credentials, Articles 29 and zance of prizes, Article 24, like to 30, like to Article supra
979 Article supra
974 Privileges of consuls, &c. Article 31, Letters of marque not to be accept
like Article supra
980 ed from an enemy, Article 25, Provision for apprehension of delike to Article supra
serting seamen, Article 32, like Privilege of merchants and others
to Article supra
981 in case of war between the par- Consular convention to be formed, ties, Article 26, like to Article Article 33, like Article supra 982 supra
976 Duration of treaty-provision in case In case of war, debts, &c. not to be of its violation-treaty not to opeconfiscated, Article 27, like Arti
rate contrary to former and existcle supra 977 ing treaties, Article 34, like to
ART. 1051. 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 citizens 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 citi. zens are subjected: but it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved, by the parties respectively, according to their own separate laws.(1)
1052. They likewise agree, that, whatever kind of produce, manufactures 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 Republic of Venezuela ; and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied and collected, whether the importation be made in the vessels of the one country or of 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 Republic of Venezuela 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 and her cargo shall be levied or collected, whether the importation be made in vessels of the one country or of the other. And they 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 Republic of Venezuela.(2)
1053. For the better understanding of the preceding article, and taking into consideration the actual state of the commercial marine of the Republic of Venezuela, it has been stipulated and agreed, that all vessels belonging exclusively to a citizen or citizens of said republic, and whose captain is also a citizen of the same, though the construction of the crew are or may be foreign, shall be considered, for all the objects of this treaty, as a Venezuelan vessel.(3)
(1) Treaty 20th Jan. 1836, art. 3.
Ibid. art. 4.
(3) Ibid. art. 5.
1054. No higher or other duties shall be imposed on the importation into the United States of any articles, the produce or manufactures of the Republic of Venezuela, and no higher or other duties shall be imposed on the im. portation into the Republic of Venezuela of any articles the produce or manu. factures 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 Republic of Venezuela, respectively, than such as are payable on the exporta: tion of the like articles to any other foreign country; nor shall any prohibition be imposed on the exportation or importation of any articles the produce or manufactures of the United States or of the Republic of Venezuela, to or from the territories of the United States, or to or from the territories of the Republic of Venezuela, which shall not equally extend to all other nations (1)
1055. The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament or otherwise, and their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testa. ment or ab intestato, and they may take possession thereof either by them. selves or others acting for them, and dispose of the same at their will, pay. ing such duties only as the inhabitants of the country wherein the said goods are, shall be subject to pay in like cases.
And if in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance on account of their character of aliens, there shall be granted to them the term of three years, to dispose of the same as they may think proper, and to withdraw the proceeds without molestation, nor any other charges than those which are imposed by the laws of the country.(2)
1056. The citizens of the United States residing in the territories of the Republic of Venezuela, shall enjoy the most perfect and entire security of conscience, without being annoyed, prevented or disturbed on account of their religious belief. Neither shall they be annoyed, molested or disturbed in the proper exercise of their religion in private houses, or in the chapels or places of worship appointed for that purpose, with the decorum due to divine worship, and with due respect to the laws, usages, and customs of the country. Liberty shall also be granted to bury the citizens of the United States who may die in the territories of the Republic of Venezuela, in convenient and adequate places, to be appointed and established by themselves, for that pur. pose, with the knowledge of the local authorities, or in such other places of sepulture as may be chosen by the friends of the deceased; nor shall the funerals or sepulchres of the dead be disturbed, in any wise, nor upon any account. In like manner, the citizens of Venezuela shall enjoy within the government and territories of the United States, a perfect and unrestrained liberty of conscience and of exercising their religion publicly or privately, within their own dwelling-houses, or in the chapels and places of worship appointed for that purpose, agreeably to the laws, usages, and customs of the United States.(3)
(1) Treaty 20th Jan. 1836, art. 6. (2) Ibid. art, 12.
(3) Ibid. art, 14
OF INDIAN RELATIONS."
PROVISION FOR REMOVING THE INDIANS WEST OF THE YISSISSIPPI.
President to cause certain districts
To protect the tribes in their new to be laid off for exchange with residence
1061 tribes in the United States 1057 To have superintendence over such To assure title to such tribe 1058 tribes
1062 To pay for improvements 1059 Moneys received from sale of cerTo aid emigrants in removal 1060 tain Indian landshow disposed
ART. 1057. The president may cause so much of any territory belonging to the United States, west of the river Mississippi, not included in any state or organized territory, and to which the Indian title has been extinguished, as he may judge necessary, to be divided into a suitable number of districts, for the reception of such tribes or nations of Indians as may choose to ex. change the lands where they now reside, and remove there; and to cause each of said districts to be so described by natural or artificial marks, as to be easily distinguished from every other.(1)
He may exchange any or all of such districts, with any tribe or nation of Indians now residing within the limits of any of the states or territories, and with which the United States have existing treaties, for the whole or any part or portion of the territory claimed and occupied by such tribe or nation, within the bounds of any one or more of the states or territories, where the land claimed and occupied by the Indians, is owned by the United States, or the United States are bound to the State within which it lies to extinguish the lodian claim thereto.(2)
1058. In the making of any such exchange, it shall and may be lawful for the president solemnly to assure the tribe or nation with which the ex. change is made, that the United States will forever secure and guaranty to them, and their heirs or successors, the country so exchanged with them; and if they prefer it, that the United States will cause a patent or grant to be made and executed to them for the same : Provided always, That such lands shall revert to the United States, if the Indians become extinct, or abandon the same.(3)
1059. If, upon any of the lands now occupied by the Indians, and to be exchanged for, there should be such improvements as add value to the land claimed by any individual or individuals of such tribes or nations, it shall
(1) Act 28th May, 1830, sec. 1. (2) Ibid. sec. 2.
(3) Ibid. sec. 3.
* See Department of Indian Affairs, p. 72.
may be lawful for the president to cause such value to be ascertained by appraisement or otherwise, and to cause such ascertained value to be paid to the person or persons rightfully claiming such improvements. And upon the payment of such valuation, the improvements so valued and paid for, shall pass to the United States, and possession shall not afterwards be permitted to any of the same tribe.(1)
1060. Upon the making of any such exchange the president may cause such aid and assistance to be furnished to the emigrants as may be necessary and proper to enable them to remove to, and settle in, the country for which they may have exchanged ; and also, to give them such aid and assistance as may be necessary for their support and subsistence for the first
after their removal.(2)
1061. He may cause such tribe or nation to be protected, at their new re. sidence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever.(3)
1062. He shall have the same superintendence and care over any tribe or nation in the country to which they may remove, as contemplated by this act, that he is now authorized to have over them at their present places of residence: Provided, That nothing in this act contained shall be construed as authorizing or directing the violation of any existing treaty between the United States and any of the Indian tribes.(4)*
1063. All moneys received from the sales of lands, that have been, or may be hereafter, ceded to the United States by Indian tribes, by treaties providing for the investment or payment to the Indians, parties thereto, of the proceeds of the lands ceded by them, respectively, after deducting the expenses of survey and sale, any sums stipulated to be advanced, and the ex. penses of fulfilling any engagements contained therein, shall be paid into the treasury of the United States, in the same manner that moneys received from the sales of public lands are paid into the treasury (5)
All sums that are or may be required to be paid, and all moneys that are or may be required to be invested by said treaties, are hereby appropriated in conformity to them, and shall be drawn from the treasury as other public moneys are drawn therefrom, under such instructions as may, from time to time, be given by the president (6)
All investments of stock, that are or may be required by said treaties shall be made under the direction of the president; and special accounts of the funds under said treaties shall be kept at the treasury, and statements thereof be annually laid before congress (7)
The provisions of the fourth section of the act of June 14th, 1836, entitled, “ An act making appropriations for the Indian department, &c.” are hereby extended, in such manner as to apply to the disposition of all moneys that may hereafter be received under the treaties therein named, or under any others containing similar stipulations for the payment to the Indians, annually, of interest upon the proceeds of the lands ceded by them.t(8)
(1) Act May 28th, 1830, sec. 4.
Ibid. sec. 7.
(5) Act Jan. 9th, 1837, sec. 1.
For the purpose of giving effect to the provisions of this act, the sum of five hundred thousand dollars was appropriated.--Act May 28, 1830, sect. 8.
† The 4th sec. act June 14th, 1836, directs the secretary of war to invest certain funds in such manner as in his judgment may be most safe and beneficial; but not at a rate of interest less than five per cent. per annum.
OF INTERCOURSE WITH THE INDIANS.
The president authorized to employ Intruders may be removed 1079
suitable persons to instruct the Settlers may be removed by force-
1080 Annual appropriation therefor 1065 What purchases or grants from InTribes to be convened for vaccina.
1066 Penalty on sending certain commuPhysicians and surgeons to be em
nications to Indians
1067 Penalty for attempting to procure Agents to be supplied with vaccine intervention of foreign powersmatter
1068 or to alienate the confidence of Agents, &c. to make monthly re
Indians from U. S.
1069 Property of friendly Indians inIndian country defined
1070 jured to be paid for-how 1084 Persons trading with Indians to be Depredations committed by Indians licensed and to give bond-plans how indemnified
1085 of trade to be designated-li- Duty of superintendents, &c. in case censes to be approved by com- of depredations
1071 Provision in case of disposing of Licenses may be refused or revoked spirituous liquors among the In
-power of the president relative dians and setting up distillery 1087 to trade
1072 In trials relating to property, burPenalty for trading without license 1073 den of proof to rest on white perCitizens only to be licensed-ofo
1088 reign boatmen, &c. may be em- Proceeding against persons violatployed 1074 ing this act
1089 Penalty on foreigner entering or re- Certain Indian country annexed to
maining in Indian country with- Missouri judicial district 1090 out passport
1075 Certain laws of U. S. in force in InBarter in certain articles to be made
1091 between Indians only
1076 Offenders against this act may be Hunting in certain Indian territories arrested in any state or country 1092 forbidden to persons other than Penalties how sued for
1077 Proceedings in case of seizure unCattle not to be driven for forage on der the act
1094 Indian lands 1078 Certain acts repealed
Art. 1064. For the purpose of providing against the further decline, and final extinction of the Indian tribes, adjoining to the frontier settlements of the United States, and for introducing among them the habits and arts of civil. ization, the president may, in every case where he shall judge improvement in the habits and conditions of such Indians practicable, anu the means of instruction can be introduced with their own consent, employ capable persons of good moral character, to instruct them in the mode of agriculture, suited to their situation ; and for teaching their children in reading, writing, and arithmetic, and for performing such other duties as may be enjoined, according to such instructions and rules as the president may give and prescribe, for the regulation of their conduct in the discharge of their duties (1)
1065. The annual sum of ten thousand dollars is hereby appropriated for the purpose of carrying into effect the last foregoing provisions, and an ac. count of the expenditure of the money and proceedings in execution thereof, shall be laid annually before congress (2)
1066. It shall be the duty of the several Indian agents and sub-agents, under the direction of the secretary of war, to take such measures as he shall deem
(1) Act March 3d, 1819, sec. 1
(2) Ibid, sec. 2.