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under its provisions, within the time to which their proceedings were limited by the 4th article thereof; The United States of America and the United States of Colombia— the latter representing the late Kepublic of New Granada— E,te».,on of t.iTM. are desirous that the time originally fixed for the duration of the commission should be so extended as to admit the examination and adjustment of such claims as were presented to but not settled by the joint commission aforesaid, and to this end have named Plenipotentiaries to agree upon the best mode of acccomplishing this object, that is to say: The President of the United States of America, William H. Seward, Secretary of State of the United States of America, and the President of the United States of Colombia, Senor Manuel Murillo, Envoy Extraordinary and Minister Plenipotentiary of the United States of Colombia;
Who, having exchanged their full powers, have agreed as follows:
The high contracting parties agree that the time limited in the conisttiuioo <b, ni»« vention above referred to for the termination of the commiswouh*. sion, shallbeextendedforaperiodnotexceedingninemonths
from the exchange of ratifications of this convention, it being agreed that nothing in this article contained shall in any other wise alter the provisions of the convention above referred to; and that the contracting parties shall appoint commissioners anew, and an umpire shall be chosen anew, in the manner and with the duties and powers respectively expressed in the said former convention.
The present convention shall be ratified, and the ratifications shall be exchanged at Washington as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same, and have hereunto aflixed their seals.
Done at Washington this tenth day of February, in the year of our Lord one thousand eight hundred and sixty-four.
[seal.] 'WM. H. SEWARD.
[seal.] M. MURILLO.
COSTA RICA, 1851.
TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF COSTA RICA. CONCLUDED JULY 10, 1851. RATIFICATIONS EXCHANGED MAY 26,1852. PROCLAIMED ON THE SAME DAY.
In the name of the Most Holy Trinity.
Commercial intercourse having been for some time established between the United States and the Eepuolic of Costa Rica, it seems good for the security as well as the encouragement of such commercial intercourse, and for the maintenance of good understanding between the United States and the said Republic, that the relations now subsisting between them should be regularly acknowledged and confirmed by the signature of a treaty of amity, commerce, and navigation. For this purpose they have named their respective plenipotentiaries, that is to say:
The President of the United States, Daniel Webster, Secretary of State, and his Excellency the President of the Republic of Costa Rica, Seiior Don Felipe Molina, Envoy Extraordinary and Minister Plenipotentiary of that Republic to the United States;
Who, after having communicated to each other their full powers, found to be in due and proper form, have agreed upon and concluded the following articles:
There shall be perpetual amity between the United States and their citizens on the one part, and the Government of the Re- 5t,,e rf „ public of Costa Rica and its citizens on the other.
There shall be, between all the territories of the United States and the territories of the Republic of Costa Rica a reciprocal u„,proc»i rTM,. freedom of commerce. The subjects and citizens of the eiVTMpt°L£^S two countries, respectively, shall have liberty, freely and Umimsecurely, to come with their ships and cargoes to all places, ports, and rivers in the territories aforesaid, to which other foreigners are or may be permitted to come; to enter into the same, and to reinain'and reside in any part thereof, respectively; also to hire and occupy houses and warehouses for the purposes of their commerce; and, generally, the merchants and traders of each nation, respectively, shall enjoy the most complete protection and security for their commerce; subject always to the laws and statutes of the two countries respectively.
In like manner, the respective ships of war and post-office packets of the two countries shall have liberty, freely and securely, to come to all b arbors, rivers, and places to which other foreign ships of war and packets are or may be permitted to come, to euter into the same, to anchor, and to remain there and refit; subject always to the laws and statutes of the two countries respectively.
By the right of entering the places, ports, and rivers mentioned in this article, the privilege of carrying on the coasting trade is not understood; in which trade, national vessels only of the country where the trade is carried on are permitted to engage".
It being the intention of the two high contracting parties to bind privii«*. of iha themselves, by the preceding articles, to treat each other u^lm'"^clt .on the footing of the most favored nation, it is hereby «d«L agreed between them, that any favor, privilege, or immu
nity whatever, in matters of commerce and navigation, which either contracting party has actually granted, or may hereafter grant, to the subjects or citizens of any other state, shall be extended to the subjects or citizens of the other high contracting party, gratuitously, if tbe concession in favor of that other nation shall have been gratuitous; or in return for a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concessions shall have been conditional.
No higher nor other duties shall be imposed on the importation into comm.rci.i provi. the territories of the United States of any article being of ,,<>n*- the growth, produce, or manufacture of the Kepublic of
Costa Eica, and no higher or other duties shall be imposed on the imD,Kr.mio.iin« du- portation into the territories of the Kepublic of Costa Rica '■**■ of any articles being the growth, produce, or manufacture
of the territories of the United States, than are or shall be payable on the like articles, being the growth, produce, or manufacture of any other foreign country; nor shall any other or higher duties or charges be imposed in the territories of either of the high contracting parties, on the exportation of any articles to the territories of the other, than such as are or may be payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed upon the exportation or importation of auy articles the growth, produce, or manufacture of the territories of the United States, or of the Republic of Costa Rica, to or from the said territories of the United States, or to or from the Republic of Costa Rica, which shall not equally extend to all other nations.
No higher nor other duties or payments on account of tonnage, of To»DMedoiie..od light or harbor dues, of pilotage, of salvage, in case either ;»'cU.'«f'.'i;r5 °f damage or shipwreck, or on account of auy other local charges, shall be imposed in any of the ports of the Republic of Costa Rica, on vessels of the United States, than those payable in the same ports by Costa Rican vessels; nor in auy of the ports of the United States, on Costa Rican vessels, than shall be payable in the same ports on vessels of the United States.
The same duties shall be paid on the importation into the territories of the Republic of Costa Rica of any article being of the com-,TM.] imn■ growth, produce, or manufacture of the territories of the ""*• United States, whether such importation shall be made in Costa Rican, or in vessels of the United States; and the same duties shall be paid on the importation into the territories of the United States of any article being the growth, produce, or manufacture of the Republic of Costa Rica, whether such importation shall be made in United States or in Costa Rican vessels.
The same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation to the Republic of Costa Rica of any articles being the growth, produce,, or manufacture of the territories of the United States, whether such exportations shall be made in Costa Rican or in United States vessels; and the same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any articles being the growth, produce, or manufacture of the Republic of Costa Rica to the territories of the United States, whether such exportation shall be made in United States or in Costa Rican vessels.
.All merchants, commanders of ships, and others, citizens of the United States, shall have full liberty, in all the territories r. ;i f _ of the Republic of Costa Rica, to manage their own affairs ^£^^°n»uc.'„ themselves, or to commit them to the management of whomsoever they please, as broker, factor, agent, or interpreter; nor shall they be obliged to employ any other persons in those capacities than those employed by Costa Ricans, nor to pay them any other salary or remuneration than such as is paid in like cases by Costa Rican citizens; and absolute freedom shall be allowed in all cases to the buyer and seller to bargain and fax the price of any goods, wares, or merchandise imported into or exported from the Republic of Costa Rica, as they shall see good, observing the laws and established customs of the country. The same privileges shall be enjoyed in the territories of the United States by the citizens of the Republic of Costa Rica under the same conditions.
The citizens of the high contracting parties shall reciprocally receive and enjoy full and perfect protection for their persons and property, and shall have free and open access to the courts of justice in the said countries respectively, for the prosecution and defence of their just rights; and they shall be at liberty to employ, in all cases, the advocates, attorneys, or agents of whatever description, whom they may think proper, and they shall enjoy in this respect the same rights and privileges therein as native citizens.
In whatever relates to the police of the ports, the lading and unlading of ships, the safety of merchandise, goods, and effects, s,ae.^1Ki the succession to personal estates by will or otherwise, and the disposal of personal property of every sort and denomination, by sale, donation, exchange, testament, or in any other manner whatsoever, as also the administration of justice, the citizens of the two high contracting parties shall reciprocally enjoy the same privileges,liberties, and rights as native citizens, and they shall not be charged in any of these respects with any higher imposts or duties than those which are paid or may be paid by native citizens; submitting, of course, to the local laws and regulations of each country respectively.
If any citizen of either of the two high contracting parties shall die without will or testament in any of the territories of the other, the Consul General or Consul of the nation to which the deceased belonged, or the representative of such Consul General or Consul in his absence, shall have the right to nominate curators to take charge of the property of the deceased, so far as the laws of the country will permit, for the ben eflt of the lawful heirs and creditors of the deceased, giving proper notice of snch nomination to the authorities of the country.
The citizens of the United States residing in the Republic of Costa Eica, and the citizens of the Republic of Costa Rica residing in the United States, shall be exempted from all compulsory military service whatsoever, either by sea or by land, and from all forced loans or military exactions or requisitions; and they shall not be compelled, under any pretext whatsoever, to pay other ordinary charges, requisitions, or taxes greater than those that are paid by native citizens of the contracting parties respectively.
It shall be free for each of the two high contracting parties to appoint co».ui..nddipio- Consuls for the protection of trade, to reside in any of the muicwnti. territories of the other party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the high contracting parties may except from the residence of Consuls such particular places as they judge fit to be excepted. The Costa Rican diplomatic agents and Consuls shall enjoy in the territories of the United States whatever privleges, exemptions, and immunities are or shall be granted to agents of the same rank belonging to the most favored nation; and, in like manner, the diplomatic agents and Consuls of the United States in the Costa Rican territories shall enjoy, according to the strictest reciprocity, whatever privileges, exemptions, and immunities are or may be granted in the Republic of Costa Rica to the diplomatic agents and Consuls of the most favored nation.
For the better security of commerce between the citizens of the vro.mon. ,n th. United States and the citizens of the Republic of Costa Rica, SlitoSI' it is agreed, that if at any time any interruption of friendly intercourse, or any rupture should unfortunately take place between the two high contracting parties, the citizens of either of the two high contracting parties who may be within any of the territories of the other, shall, if residing upon the coast, be allowed six months, and if in the interior, a whole year to wind up their accounts and dispose of their property; and a safe-conduct shall be given them to embark at the port which they themselves shall select; and even in the event of a rupture, all such citizens of either of the two high contracting parties who are established in any of the territories of the other, in the exercise of any trade or special employment, shall have the privilege of remaining and of continuing such trade and employment therein