Consuls and ViceConsuls admitted into ports open to foreign commerce, ARTICLE XXIX. To make more effectual the protection which the United States and the Republic of Ecuador shall afford in future, to the navigation and commerce of the citizens 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 the admission and residence of such Consuls and Vice-Consuls may not seem convenient. their commissions and obtain exequa be as ARTICLE XXX. In order that the Consuls and Vice-Consuls of the two contracting Consuls to exhibit parties may enjoy the rights, prerogatives, and immunities which belong to them by their public character, they shall, turs before they shall before entering on the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited; and, having obtained their exequatur, they shall be held and considered as such, by all the authorities, magistrates and inhabitants in the consular district in which they reside. such. Consuls, &c., exempt from taxes. ARTICLE XXXI. It is likewise agreed that the Consuls, their secretaries, officers, and persons attached to the service of Consuls, they not being certain citizens of the country in which the Consul resides, shall be exempted from all kinds of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of com merce 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 consulates shall be respected inviolably, and under no pretext whatever shall any magistrate seize or papers inviolable. in any way interfere with them. Their archives and Consuls may require the assistance of the authorities in securing deserters. Mode of proceeding. ARTICLE XXXII. 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; proving by an exhibition of the register of the vessel's 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 said Consuls, and may be put in the public prisons be disposed of. 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. Deserte rs, how to ARTICLE XXXIII. A consular conven For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit them, to form a tion to be formed. consular convention, which shall declare especially the powers and immunities of the Consuls and Vice-Consuls of the respective parties. ARTICLE XXXIV. "most favored na It is further agreed, that the words," most favored nation," that occur in this treaty, shall not be so construed as to prevent either Construction to be of the contracting parties from concluding any treaty or put upon the words convention with any other nation or State it may think tion." proper, as freely and as fully as though said words were not used: Provided, however, That notwithstanding any such treaty or convention, the citizens of the United States shall be placed Proviso. in Ecuador, with respect to navigation and commerce, upon an equal footing with the subjects of Spain and with the citizens of Mexico and of the other Hispano-American States, with which treaties have been or may be concluded; and that the citizens of Ecuador shall be entitled to enjoy, in the United States, the same rights and privileges, with respect to navigation and commerce, that the citizens of the United States enjoy, or shall enjoy, in Ecuador. ARTICLE XXXV. Points agreed up on as to the duration of this treaty. Duration of treaty The United States of America and the Republic of Ecuador, desiring to make as durable as circumstances will permit the relations which are to be established between the two parties, by virtue of this treaty 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 exchange of the ratifications, and further, until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of said term of twelve years: And it is hereby agreed between them, that, on the expiration of one year after such notice shall have been received by either, from the other party, this treaty, in all its parts relative to commerce and navigation, shall altogether cease and determine, and in all those parts which relate to peace and friendship, it shall be perpetually and permanently binding on both powers. 2nd. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizen shall be held personally responsible for the same, and 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. 3rd. If, (what indeed cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated or infringed in any way whatever, it is expressly stipulated authorized, nor war that neither of the contracting parties will order or authorize tice has been de any act of reprisal, nor declare war against the other on or unreasonably decomplaints of injuries or damages, until the said party considering itself offended shall first have presented to the other a state Reprisals not to be declared, until jusmanded and refused, layed. ment of such injuries or damages, verified by competent proofs, and demanded justice, and the same shall have been either refused or unreasonably delayed. 4th. Nothing in this treaty shall, however, be construed or operate contrary to former and existing public treaties with other sovereigns and 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 President of the Republic of Ecuador, with the consent and approbation of the Congress of the same; and the ratifications shall be exchanged in the city of Quito, within three years, to be counted 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 Republic of Ecuador, have signed and sealed these presents. Done in the city of Quito on the thirteenth day of June, in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-third year of the Independence of the United States of America and the twenty-ninth of that of the Republic of Ecuador. J. C. PICKETT. [SEAL.] ECUADOR, 1862. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF ECUADOR, FOR THE ADJUSTMENT OF CLAIMS. CONCLUDED AT GUAYAQUIL, NOVEMBER 25, 1862; RATIFICATIONS EXCHANGED AT QUITO, JULY 27, 1864; PROCLAIMED SEPTEMBER 8, 1864. Contracting parties. The United States of America and the Republic of Ecuador, desiring to adjust the claims of citizens of said States against Ecuador, and of citizens of Ecuador against the United States, have, for that purpose, appointed and conferred full powers, respectively, to wit: The President of the United States on Frederick Hassaurek, Minister Resident of the United States in Ecuador, and the President of Ecuador on Juan José Flores, General-in-Chief of the Armies of the Republic; Who, after exchanging their full powers, which were found in good and proper form, have agreed on the following articles: Claims between ties to be referred to commissioneis. ARTICLE I. All claims on the part of corporations, companies, or individuals, citizens of the United States, upon the Government of Ecuador, the contracting par. Or of corporations, companies, or individuals, citizens of Ecuador, upon the Government of the United States, shall be referred to a Board of Commissioners, consisting of two members, one of whom shall be appointed by the Government of the United States, and one by the Government of Ecuador. In case of death, absence, resignation, or incapacity of either commissioner, or in the event of either commissioner omitting or ceasing to act, the Government of the United States or that of Ecuador, respectively, or the Apppointment. Vacancy. Minister of the United States in Ecuador, in the name of his Time of meeting; thus occasioned. The commissioners so named shall meet in the city of Guayaquil within ninety days from the exchange of the ratifications of this convention, and before proceeding to business shall make solemn oath that they will carefully examine and impartially decide according to justice, and in compliance with the provisions of this convention, all claims that shall be submitted to them; and such oath shall be entered on the record of their proceedings. Oath. Umpire The commissioners shall then proceed to name an arbitrator or umpire, to decide upon any case or cases concerning which they may disagree, or upon any point of difference which may arise in the course of their proceedings. And if they cannot agree in the selection, the umpire shall be appointed by her Britannic Majesty's Chargé d'Affaires, or (excepting the Minister Resident of the United States) by any other diplomatic agent in Quito whom the two high contracting parties shall invite to make such appointment. ARTICLE II. Examination aims. of The arbitator or umpire being appointed, the commissioners shall, without delay, proceed to examine the claims which may be presented to them by either of the two Governments; and they shall hear, if required, one person in behalf of each Government on every separate claim. Each Government shall furnish, upon request of either commissioner, such papers in its possession nished. as may be deemed important to the just determination of any claim or claims. Papers to be fur Amounts to be paid. In cases where they agree to award an indemnity, they shall determine the amount to be paid. In cases in which said commissioners cannot agree, the points of difference shall be referred to the umpire, before whom each of the commissioners may be heard, and whose decision shall be final. ARTICLE III. Certificates The commissioners shall issue certificates of the sums to be paid to the claimants, respectively, whether by virtue of the awards agreed to between themselves or of those made by the um- amounts awarded. pire; and the aggregate amount of all sums decreed by the commissioners, and of all sums accruing from awards made by the umpire under the authority conferred by the fifth article, shall be paid to the Government to which the respective claimants belong. Payment of said sums shall be made in equal annual instalments, to be completed within nine years from the date of the termination of the labors of the commission, the first payment to be made six months after the same date. To meet these payments both Governments pledge the revenues of their respective nations. ARTICLE IV. The commission shall terminate its labors in twelve months from the date of its organization. They shall keep a record of their proceedings, and may appoint a secretary versed in the knowledge of the English and Spanish languages. Payment. Revenues pledged. End of commission Secretary. ARTICLE V. Proceedings to be conclusive as to pending claims. Claims to be presented while commission exists. Duty of umpire as to certain cases. The proceedings of this commission shall be final and conclusive be with respect to all pending claims. Claims which shall not be presented to the commission within the twelve months it remains in existence will be disregarded by both Govern'ments, and considered invalid. In the event that, upon the termination of the labors of said commission, any case or cases should be pending before the umpire, and awaiting his decision, said umpire is hereby authorized to make his decision or award in such case or cases, and his certificate thereof in each case, transmitted to each of the two Governments, shall be held to be binding and conclusive: Provided, however, That his decision shall be given within thirty days from the termination of the labors of the commission, at the expiration of which thirty days his power and authority shall cease. Pay of commis. ARTICLE VI. Each Government shall pay its own commissioner; but the umpire, as well as the incidental expenses of the commission, shall be stoners and of the paid one-half by the United States and the other half by Ecuador. umpire. ARTICLE VII. The present convention shall be ratified and the ratifications exchanged in the city of Quito. In faith whereof, we, the respective Plenipotentiaries, have signed this convention and hereunto affixed our seals, in the city of Guayaquil, this twenty-fifth day of November, in the year of our Lord 1862. |