Page images

succeed to their said personal goods or real estate, whether by testament or ab in testa to, and they may take possession thereof, cither by themselves or others acting tor them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein said goods arc shall bo subject to pay in like cases.

Article XIII.

Both contracting parties promise and engage formally to give their special protection to the persons and property of tho citieens of each other, ot all occupations, who may be in the territories subject to tho jurisdiction of one or the other, trim- "TM" sient 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; for which purpose, they may either appear in proper person, or employ in the prosecution or defense of their rights such advocates, solicitors, notaries, agents, and factors as they may judge proper in all their trials at law; and such citizeus or agents shall have free opportunity to be present at the decisions or sentences of t he tribunals, in all cases which may concern thern, and likewise at the taking of all examinations and evidence which may be exhibited in the said trials.

Article XIV.

The citizens of tho United States residing in tho territories of tho Republic of New Granada shall enjoy the most perfect and ,.ibert, entire security of conscience, without being annoyed, pre- Kitmx vented, or disturbed on account of their religious belief. Neither shall they be annoyed, molested, or disturbed on the proper exercise of their religion in private houses, or on the chapels or places of worship appointed for that purpose, provided that in so doing they observe the decorum due to divine worship and tho respect due 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 New Granada, in convenient and adequate places, to be appointed and established by themselves for that purpose, 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 anywisii, nor upon any account.

In like manner, the citizeus of New Granada 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 on the chapels and places of worship appointed for that purpose, agreeably to tho laws, usages, and customs of the United States.

Article XV.

It shall bo lawful for the citizens of the United States of America and ■of the Republic of New Granada to sail with tbeirships with riT!hi-i all manner of liberty and security, no distinction being made mir ""*"*'*' who are the proprietors of the merchandise laden thereon, from any port to the places of those who now are or hereafter shall bo at enmity with either of the contracting parties. It shall likewise be lawful for the citisens aforesaid to sail with the ships 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 one power or under several. And it is hereby stipulated that free ships shall also give freedom to goods, and that everything which shall be found on board the ships belonging to the citizens of either of the contracting parties shall be deemed to be free and exempt, although the whole lading or any part thereof should appertain to the enemies of either, (contraband goods being always excepted.) It is also agreed, in like manner, that the same liberty shall be extended to persons who are on board a free ship, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship unless they are officers aud soldiers, and in the actual service of the enemies: Provided, however, and it is hereby agreed, that the stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those powers only who recognize this principle; but if either of the two contracting parties shall be at war with a third, and the other remains neutral, the flag of the neutral shall cover the property of enemies whose governments acknowledge this principle, and not of others.

Article XVI.

It is likewise agreed that, in the case where the neutral flag of one of bmui] the contracting parties shall protect the property of the ene

mies of the other, by virtue of the above stipulation, it shall always be understood that the neutral property found on board such enemy's vessels shall be held and considered as enemy's 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 afterward, if it were done without the knowledge of it; but the contracting parties agree that, two months having elapsed after the declaration of war, 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 merchandise of the neutral embarked on such enemy's ship shall be free.

» Article XVII.

This liberty of navigation and commerce shall extend to all kinds of omtnn»nd. merchandise, excepting those only which are distinguished by the name of contraband; and under this name of contraband, or prohibited goods, shall be comprehended—

1st. Cannons, mortars, howitzers, swh'els, blunderbusses, muskets, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms.

2d. Bucklers, helmets, breast-plates, coats of mail, infantry belts, and clothes made up in the form and for the military use.

3d. Cavalry belts, and horses with their furniture.

4th. And generally all kind of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed expressly to make war by sea or land.

5th. Provisions that are imported into a besieged or blockaded place. ARTICLE XVIII.

All other merchandise, and things not comprehended in the articles of contraband, explicitly enumerated and classified as above, shall be held and considered as tree, and subjects of free and tr*?oj.TM h?2k.*S lawful commerce, so that they may be carried and trans- "°" ported in the freest manner by the citizens of both the contracting parties, even to places belonging to an enemy, excepting those places only which are at that time besieged or blockaded; and, to avoid all doubt in this particular, it is declared that those places only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral.

Article XIX.

The articles of contraband, before enumerated and classified, which may be found in a Vessel bound for an enemy's port, shall be subject to detention and confiscation, leaving free the rest iia»*ip'".TMih ^t?.of the cargo and the ship, that the owners may dispose of them as they see proper.. No vessel of either of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessels will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great and of so large a bulk that they cannot be received on board the capturing ship without great inconvenience; but in this and all other eases of just detention, the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment according to law.

Article XX.

And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is besieged, or blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband, be confiscated unless, after warning of such blockade or investment from the commanding officer of the blockading forces, she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel that may have entered into such port before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting that place with her cargo; nor, if found therein after the reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they ibull be restored to the owners thereof.

Akticle XXI.

In order to prevent all kind of disorder in the visiting and examination of the ships and cargoes of both the contracting parties on Vi>i, „r oeuU,, the high seas, they have agreed mutually that whenever a "*""-''*■ national vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain out of cannon shot, unless in stress of weather, and may send its boat with two or three men only, in order to execute the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment, for which the commanders of said armed ships shall be responsible with their persons and property; for which purpose the commanders of private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damages they may commit. And it is expressly agreed that the neutral party shall ill no case l>e required to go on board the examining vessel for the purpose of exhibiting her papers, or for any other purpose whatever.

Article XXII.

To avoid all kind of vexation and abuse, in the examination of the papers to.ictter.mtim. relating to the ownership of the vessels belonging to the citiof zeus of the two contracting parties, they have agreed, and

do hereby 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 and commander of the 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 likewise agreed that when such ships have a cargo, they shall also be provided, besides the said sea-letters or passports, with certificates containing the several particulars ot the cargo and the place whence the ship sailed, so that it may be known whether any forbidden or contraband goods are 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 bedetained, to be adjudged by the competent tribunal, and may be declared lawful prize, unless the said defect shall be proved to be owing to accident and shall bo satisfied or supplied by testimony entirely equivalent.

Article XXIII. It is further agreed that the stipulations above expressed relativS to Kmtr.1 the visiting and examination of vessels shall apply only to

i"w"""°I- 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 honor, that the vessels under his protection belong to the nation whose flag he carries, and when they may be bound to an enemy's port that they have no contraband goods on board, shall bo sufficient.

Article XXIV.

It is further agreed that in all cases the cstiiblished courts for prize causes, in the country to which the prizes may be conducted, shall alone take cognizance of them. And whenever such tribunals 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 upon 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.

Article XXV.

For the purpose of lessening the evils of M ar, the two high eontraefcrt^tri.ton.r ,-.. P4irt*es furtlier agree that, in case a war should nnfortii,t,'.lr"t!,'"°TM„",,i.Z tunately take place between them, hostilities shall only bo

carried on by persons duly commissioned by the Government, and by those under their orders, except in repelling an attack or invasion, and in the defense of property.

Article XXVI.

Whenever 0110 of the contracting parties shall bo engaged in war with another State, no citizen of the other contracting party shall en,,,,.;. accept a commission or letter of marque for the purpose of of"e"»assisting or co-operating hostilely with the said enemy against the said parties so at war, under the pain of being treated as a pirate.

Article XXVII.

If by any fatality, which cannot bo expected, and God forbid, tho two contracting parties should be engaged in a war with each f _ other, they have agreed and do agree now for then, that there ^'.'"»T^^»*Jr shall be allowed the term of six months to the merchants residing on tho coasts and in the ports of each other, and the terra 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 suiFieient protection until they arrive at the designated port. The citizens of all other occupations who may be established in the territories or dominions of the United States or of New Granada, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forjitt [forfeit] this protection, which, in consideration of humanity, tho contracting parties engage to givo them.

Article XXVIII.

Neither tho debts due from individuals of tho one nation to the iudiTiduals of the other, nor shares, nor money, which they may x,thx, have in public funds nor in public or private banks, shall ever, ">°il«*-«'»in any event of war or of national difference, be sequestered or confiscated.

Article XXIX.

Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official inter- PaTCirod course, have agreed, and do agree, to grant to the envoys, cUu**ministers, and other public agents the same favors, immunities, and exemptions which those of the most favored nations do or shall enjoy; it being understood that whatever favors, immunities, or privileges the United States of America or the Republic of New Granada may find it proper to give to the ministers and public agents of any other power, slfall by the same act be extended to those of each of tho contracting parties.

Article XXX.

To make mor[el effectual the protection which the United States and the Republic of New Grana la shall ailord in future to the Atalltoof ^ navigation and commerce of the«eitizens 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 favored nation; each contracting party, however, remaining at liberty to except those ports and places in which tho admission and residence of such Consuls may not seem convenient.

« PreviousContinue »