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their own country by a vessel of tlie samo nation, or any other vessel whatsoever. But if not sent back within three months from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause.
However, if the deserter should bo found to have committed any 01 i C"ID0 or offence, his surrender may be delayed until the <»«> "fteroliuj tribunal before which his case shall be depending shall have tobepwube pronounced its sentence, and such sentence shall have been carried into effect.
The present additional articles shall have the same force and value En>rt of r^ot as if they were inserted, word for word, in the convention •rtiriw. signed at Washington on the twenty-sixth day of April,
one thousand eight hundred and twenty-six, and being approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Denmark, the ratifications shall be exchanged at Washington within six months from the date hereof, or sooner if possible.
In faith whereof we, the undersigned, in virtue of our respective full powers, have signed the present additional articles, and have thereto affixed our seals.
Done in triplicate at the city of Washington on the eleventh day of July, in the year of oar Lord one thousand eight hundred and sixty-one.
DOMINICAN REPUBLIC, 18G7.
GENERAL, CONVENTION OF AMITY, COMMERCE, AND NAVIGATION, AND FOR THE SURRENDER OF FUGITIVE CRIMINALS, BETWEEN THE UNITED STATES OF AMERICA AND THE DOMINICAN REPUBLIC. SIGNED AT SANTO DOMINGO FEBRUARY 8, 1807; RATIFICATIONS EXCHANGED AT SANTO DOMINGO OCTOBER 5, 18G7; PROCLAIMED OCTOBER 24, 1867.
The United States of America and tbo Dominican Republic, equally animated with the desire of maintaining the cordial relations and of tightening, if possible, the bonds of friendship between the two countries, as well as to augment, by all the means at their disposal, the commercial intercourse of their respective citizens, have mutually resolved to conclude a general convention of amity, commerce, and navigation, and for the surrender of fugitive criminals. For this purpose thay have appointed as tlieir Plenipotentiaries, to wit:
The President of the United States, John Somers Smith, ^"^""^^ Commercial Agent of the United States at the city of Santo Domingo, and the President of the Dominican Republic, Jose Gabriel Garcia, Secretary of State in the Department of Foreign Relations, and Juan liamon Fiallo, ex-Secretary of the Treasury;
Who, after a communication of their respective full powers, have agreed to the following articles:
It is the intention of the high contracting parties that there shall continue to be a firm, inviolable, and universal peace, and a TaKt a„d fr:e„,, true and sincere friendship between the Republic of the United States of America and the Dominican Republic, and between their respective countries, territories, cities, towns, and people, without exception of persons or places. If, unfortunately, the two nations should become involved in war, one with the other, the term of six P„vhioI1 ,a „,, months after the declaration thereof shall be allowed to the or"*"merchants and other citizens and inhabitants respectively, on each side, during which time they shall be at liberty to withdraw themselves, with their effects and moveables, which they shall have the right to carry away, send away, or sell, as they please, without the least obstruction; nor shall their effects, much less their persons, be seized during such term of six months; on the contrary, passports shall be valid for a term necessary for their return, and shall be given to them for their vessels and the effects which they may wish to cany with them or send away, and such passports shall be a safe-conduct against the insults and captures which privateers may attempt against their persons and effects, and the money, debts, shares in the public funds, or in banks, or any other property, personal or real, belonging to the citizens of the one party in the territories of the other, shall not be confiscated or sequestrated.
The citizens of each of the high contracting parties, residing or estabE».m«ion rrom lished in the territory of the other, shall be exempt from all "°^"^<j Io^ compulsory military service by sea or by land, and from all forced loans or military exactions or requisitions; nor shall they be compelled to pay any contributions whatever, higher or other than those that are or may be paid by native citizens.
The citizens of the contracting parties shall be permitted to enter, w*tof r«.i<w. sojourn, settle and reside in all parts of said territories, and •nd w do bu>>«>» Sucil as may wish to engage in business shall have the right to hire a ud occupy warehouses, provided they submit to the laws, as well general as special, relative to the rights of travelling, residing, or trading. While they conform to the laws and regulations in force, they shall be at liberty to manage themselves their own business, subject to the jurisdiction of either party, as well in respect to the consignment and sale of their goods by wholesale or retail as with respect to the loading, unloading, and sending oil' their ships. They may also employ such agents or brokers as they may deem proper, and shall Toonpoy.,^t». .q ^ these cases be treated as the citizens of the country wherein they reside; it being, nevertheless, distinctly understood that they shall be subject to such laws and regulations also in respect to Toi,«verrrr»rr.». wholesale or retail. They shall have free access to the tritojodimi uibuub. bunals of justice, in cases to which they may be a party, on the same terms which are granted by the laws and usage of the country to native citizens; lor which purpose they may employ in defence of their interests and rights such advocates, attorneys, and other agents as they may think proper.
The citizens of each of the high contracting parties, residing in the of other, shall enjoy the most perfect liberty of conscience. Kirw^'rHii!^ They shall be subjected to no inconveniences whatever on
account of their religious belief, nor shall they in any manner be annoyed or disturbed in the exercise of their religious worship in private houses, or in the chapels and places which they may select for that purpose; provided that in so doing they observe the decorum due to the laws, usages, and customs of the country. It is likewise agreed
that the citizens of the one country dying in the territory to u of the other, maybe interred either in tlio ordinary cemeteries or in such others as may be selected for that purpose by their own Government, or by their personal friends or representatives, with the consent of the local authorities. All such cemeteries, and funeral processions going to or returning from them, shall be protected from violation or disturbance.
The citizens of each of the high contracting parties, within the juris' D.-pchionofoer- diction of the other, shall have power to dispose of their **■*' proi,",j personal property by sale, donation, testament, or otherwise; and their personal representatives, being citizens of the other contract
iug party, shall succeed to their personal property, whether by testa ment or ab intestato. They may take possession thereof, either by themselves or by others acting for them, at their pleasure, and dispose of the same, paying such duty only as the citizens of the country wherein the said personal property is situated shall be subject to pay in like cases. In the absence of a personal representative, the same care shall be taken of the property as by law would be taken of the property of a native in a similar case, whilst the lawful owner may take measures for secur ing it. If a question should arise anions claimants as to the rightful ownership of the property, the same shall be finally decided by the judicial tribunals of the country in which it is situated.
When on the decease of any person holding real estate within the territory of one party, such real estate would by the law of n,,, „, the land descend on a citizen of the other, were he not dis- dac,>^iqualified by alienage, the longest term which the laws of the country in which it is situated will permit shall be accorded to him to dispose of the same; nor shall he be subjected, in doing so, to higher or other dues than if he were a citizen of the country wherein such real estate is situated.
The high contracting parties hereby 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 also be imported in the vessels of the Dominican Republic, and no higher or other duties upou the tonnage or cargo of the vessels shall be levied or col- taril,rt9 lected, whether the importation be made in a vessel under Jut"3 the flag of the United States, or a vessel under the flag of the Dominican Republic. And, reciprocally, whatever kind of produce, manufactures, or merchandise of any foreign country can be, from time to time, lawfully imported into the Dominican Republic in her own vessels, may also be imported in vessels of the United States, and no higher or other duties upou the tonnage or cargo of the vessel shall be levied or collected, whether the importation be made iu a vessel under the flag of the Dominican Republic, or under the flag of the United States.
Whatever can be lawfully exported or re exported by one party in its own vessels to any foreign country, may, in like manner, be exported or re-exported in the vessels of the other; and the same duties, bounties, and drawbacks shall be collected and allowed, whether such exportation or re-exportation be made in vessels of the one or the other. Nor shall higher or other charges of any h kind be imposed in the ports of one party on vessels of the "° other than arc or shall be payable in the same ports by national vessels.
The preceding article is not applicable to the coasting trade of the contracting parties, which is respectively reserved by each roMtinf ^ ^ exclusively for its own citizens. C<huu*»*.
But vessels of either country shall be allowed to discharge a part of their cargoes at one port, and proceed to any other port or ports in the territories of the other to discharge the re- Dachm" mainder, without paying higher or other port charges or tonnage dues than would be paid by national vessels in such cases, so long as this liberty shall be conceded to any foreign vessels by the laws of both couu tries.
For the better understanding of the preceding stipulations, it has wtatwb.dee.n.d been agreed that every vessel belonging exclusively to a Dommic.ilcitjzen or citizens of the Dominican Republic, and whose captain is also a citizen of the same, such vessel having also complied with all the other requisites established by law to acquire such national character, though the construction and crow are or may bo foreign, shall be considered, for all the objects of this treaty, as a Dominican vessel.
No higher or other duty shall bo imposed on the importation into the woorOivt United States of any article the growth, produce, or manuduticon import.. facture 0f Dominican Republic, or of her fisheries; and no higher or other duty shall bo imposed on the importation into the Dominican Republic of any article the growth, produce, or manufacture of the United States, or their fisheries, than are or shall be payable on the like articles the growth, produce, or manufacture of any other foreign country, or its fisheries. No other or higher duties or charges shall be imposed in the United States on the exportation of any article to the Dominican Republic, nor in the Dominican Republic on the exportation of any article to the United States, than such as are or shall be payable on the exportation of the like article to any other foreign country.
No prohibition shall be imposed on the importation of any article the. no prohibition rt»< growth, produce, or manufacture of the United States or do.i Sltap'riy"!,! „:i their fisheries, or of the Dominican Republic and her fishercrco»otr.«. from or ti,e |)0r(;s 0f fllQ United States or the Domiu
ican Republic, which shall not equally extend to every other foreign country.
Should one of the high contracting parties hereafter impose discrimn.criu.io.ti,, j„. inating duties upon the products of any other nation, the other party shall be at liberty to determine the manner of establishing the origin of its own products intended to enter the country by which the discriminating duties are imposed.
When any vessel of either party shall be wrecked, stranded, or otherwise damaged on the coasts or within the jurisdiction of the other, their respective citizens shall receive, as well for themselves as for their vessels and effects, the same assistance which would be due to the inhabitants of the country where the accident happened, and they shall be liable to pay the same charges and dues of salvage as the said inhabitants would be liable to pay in a like case. If the repairs which a stranded vessel may require shall render it necessary that the whole or any part of her cargo should .ow/ta r..:"TM," i'.'r be unloaded, no duties of customs, charges, or fees on such cargo as may be carried away shall be paid, except such as are payable in like case by national vessels. It is understood, nevertheless, that if, while the vessel is under repair, the cargo shall be unladen and kept in a place of deposit destined for the reception of goods.