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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 everything besides subject to the laws of the respective States. The archives and papers of the cousnlate shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them.
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, proviug by an exhibition of the registers of the vessels 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 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.
For the purpose of more effectually protecting their commerce and comTMTM ..d navigation, the two contracting parties do hereby agree, as uTiiBtion. 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.
The United States of America and the Federation of the Centre of
omuurtc c j)erimt; 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 anyone or moreof the citizeusof either party shall infringeany of the articles of this treaty, such citizen 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.
3dly. If, (which 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 l>een either refused or unreasonably delayed.
4thly. Nothing in this treaty contained shall, bowever, be construed or operate contrary to former and existing public treaties with other Sovereigns or States.
The present treaty of peace, amity, commerce, and navigation shall be approved and ratified by the. President of the United States of America, by and with the advice and consent of the Senate thereof, and by the Government of the Federation of the Centre of America, and the ratifications shall be exchanged in the city of Guatemala within eigbt months from the date of the signature hereof, or sooner if possible.
In faith whereof we, the Plenipotentiaries of the United States of America and of the Federation of the Centre of America, have signed and sealed these presents.
Done in the city of Washington on the fifth day of December, in the year of our Lord one thousand eight hundred and tweuty-five, in the fiftieth year of the Independence of the United States of America, and the fifth of that of the Federation of the Centre of America, in duplicate.
GENERAL CONVENTION OF PEACE, AMITY, COMMERCE, AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF CHILI, CONCLUDED MAY 16, 1832; RATIFICATIONS EXCHANGED AT WASHINGTON APRIL 29, 1834; PROCLAIMED APRIL 29, 1834.
[This treaty and the explanatory convention which follows it were terminated Jannary 20, 1850, pursuant to notice by the Chilian Government under Article XXXI.]
In the name of God, Author and Legislator of the Universe.
The United States of America and the Eepublic of Chili, desiring to make firm and lasting the friendship and good understanding which happily prevail between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall in future be religiously observed between the one and the other, by means of a treaty or general convention of peace and friendship, commerce, and navigation.
For this most desirable object, the President.of the United States of America, by and with the advice and consent of the Senate thereof, has appointed and conferred full powers on John Hamm, a citizen of said States, and their Charg6 d'Aflfaires near the said Republic; and His Excellency the President of the Republic of Chili has appointed Senor Don Andres Bello, a citizen of the said Republic;
And the said Plenipotentiaries, after having mutually produced and exchanged copies of their full powers in due and proper form, have agreed upon and concluded the following articles, videlicet:
There shall be a perfect, firm, and inviolable peace and sincere friendship between the United States of America and the Repubh" lie of Chili, in all the extent of their possessions and territories, arid between their people and citizens, respectively, without distinction of persons or places.
The United States o# America and the Republic of Chili, desiring to live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all, engage, mutually, not to grant any particular favor 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 on allowing the same compensation if the concession was conditional. It is understood, however, that the relations and convention which now exist, or may hereafter exist, between the Republic of Chili and the Republic of Bolivia, the Federation of the Centre of America, the Republic of Colombia, the United States of Mexico, the Republic of Peru, or the United Provinces of the Rio de la Plata, shall form exceptions to this article.
The citizens of the United States of America may frequent all the coasts and countries of the Republic of Chili,-and reside v,v,„lon ,nJ and trade there in all sorts of produce, manufactures, and merchandise, and shall pay no other or greater duties, charges, or fees, whatsoever, than the most favored nation is or shall be obliged to pay; and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce, which the most favored nation does or shall enjoy, submitting themselves, nevertheless, to the laws, decrees, and usages' there established, and to which are submitted the citizens and subjects of the most favored nations.
In like manner the citizens of the Republic of Chili may frequent all the coasts and countries of the United States of America, and reside and trade there, in all sorts of produce, manufactures, and merchandise, and shall pay no other or greater duties, charges, or fees, whatsoever, than the most favored nation is or shall be obliged to pay, and they shall enjoy all the rights, privileges, and exemptions in commerce and navigation which the most favored nation does or shall enjoy, submitting themselves, nevertheless, to the laws, decrees, and usages there established, and to which are submitted the citizens and subjects of the most favored nations. 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, cTM"t,n" according to their own separate laws.
It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of both countries, to manage, themselves, their own business, in all ports and -j;;.1"TM fj^^*" places subject to the jurisdiction of each other, as well with'""""" respect to the consignment and sale of their goods and merchandise, by wholesale and retail, as with respect to the loading, unloading, and sending off their ships, they being in all these cases to be treated as citizens of the country in which they reside, or at least to be placed on » footing with the citizens or subjects of the most favored nation.
The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, mer- nmb,„0<)r<i,wn. chandise, or effects for any military expedition, nor for any ,ic°public or private purpose whatever, without allowing to those interested a sufficient indemnification.
Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports, or A tomM,ure4 dominions of the other, with their vessels, whether of mer-"
chant or of war, public or private, through stress of weather, pursuit of pirates, or enemies, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind.
All the ships, merchandise, and effects belonging to the citizens of vTM*!., *r.. „„- one of the contracting parties, which may be captured by i„r,.ai,y P,r»t.-.. pirates, whether within the limits of its jurisdiction or on the high 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 attorneys, or agents of their respective Governments.
When any vessel belonging to the citizens of either of the contracting parties shall be wrecked, foundered, or sutler any damage on the coasts or within the dominions of the other, there shall bo given to them 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, without exacting for it any duty, impost, or contribution whatever, until they may be exported, unless they be destined for consumption in the country.
The citizens of each of the contracting parties shall have power to P„mrall ,„d,,,, 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 testament or ab intestate, and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues 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, and exempt from any other charges than those which may be imposed by the laws of the country.
Both the contracting parties promise and engage formally to give pmteiioo to rTM.- their special protection to the persons and property of the d"""- citizens of each other, of all occupations, who may be kin
the 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