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TREATY WITH GUATEMALA. CONCLUDED MARCH 3, 1849; RATIFICATIONS EXCHANGED MAY 13, 1652; PROCLAIMED JULY 28, 1852.
General convention of peace, amity, commerce, and navigation between the United /States of America and the Republic of Guatemala.
The United States of America and the Republic of Guatemala, desiring to make firm and permanent the peace and friendship which happily prevails 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, friendship, commerce, and navigation.
For this most desirable object the President of the United States of America has conferred full powers on Elijah Hise, Charge d'Affaires of the United States near this Republic, and the Executive, Power of the Republic of Guatemala on the Sr. Licdo. D. Jose Mariano Rodriguez, Secretary of State and of the Department of Foreign Relations; who, after having exchanged their said full powers in due and proper form, have agreed to the following articles:
There shall be a perfect, firm, and inviolable peace and sincere frieudPcmc. »nj rn,„j. ship between the United States of America and the Republie of Guatemala, in all the extent of their possessions and territories, and between their people and citizens respectively, without distinction of persons or places.
The United States of America and the Republic of Guatemala, desiring to live iu 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.
The two high contracting parties, being likewise desirous of placing nirtt io n.vi.nc tlie commerce and navigation of their respective countries .oju«jo. on t]10 ]ji)erai basis of perfect equality and reciprocity, mu
tually agree that the citizens of each may frequent all the coasts and countries of tins other, and reside and trade there in all kinds of produce, manufactures, and merchandise; and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce which native citizens do or shall enjoy, submitting themselves to the laws, decrees, and usages there established, to which native citizens are subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of °",'°s"*'' which is reserved to the parties respectively, according to their own separate laws.
They likewise agree that whatever kind of produce, manufacture, or merchandise of any foreign country can be from time to Fn».w», to n,o time lawfully imported into the United States in their own TMt"»"" ° vessels, may be also imported in vessels of the Republic of Guatemala; and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other; and, in like manner, that whatever kind of produce, manufacture, or merchandise of any foreign country can be from time to time lawfully imported into the Republic of Guatemala in its own vessels, may be also imported in vessels of the United States, and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation bo made in vessels of the one country or of the other. And they further agree that whatever may be lawfully exported or re-exported from the one country iu its own vessels to any foreign country, may be in like manner exported or re-exported in vessels of the other country. And the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of the Republic of Guatemala.
Xo higher or other duties shall be imposed on the importation into the United States of any articles the produce or manufactures of Di-mminmtim athe Republic of Guatemala, and no higher or other duties shall'" be imposed on the importation into the Republic of Guatemala of any articles the produce or manufactures of the United States, than are or shall be payable in like articles being the produce or manufactures of any other foreign country; nor shall any higher or other duties or charges be imposed in either of the two countries on the exportation of any articles to the United States or to the Republic of Guatemala, respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any prohibition bo imposed on the exportation or importation of any articles the produce or manufactures of the United States or of the Republic of Guatemala, to or from the territories of the United States, or to or from the territories of the Republic of Guatemala, which shall not equally extend to all other nations.
It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of both countries Ph'm^w.^^ to manage themselves their own business in all the ports »«.«." and places subject to the jurisdiction of each other, as well with respect to the consignment and sale of their goods and merchandise, by wholesale or retail, as with respect to tbe loading, unloading, and sending off their ships; they being in all these cases to be treated as citizens of the country in which tbey reside, or at least to be placed on a footing with the subjects or citizens of the most favoured nation.
The citizens of neither of the contracting parties shall be liable to Embar«o or aTM,,,- any embargo, nor be detained with their vessels, cargoes, purpo.... merchandise, or effects, for any military expedition, not
for any public or private purpose whatever, without allowing to those interested a sufficient indemnification.
Whenever the citizens of either of the contracting parties shall, be v**,.]. or eiiyr forced to seek refuge or asylum in the rivers, bays, ports, rX^rtTMAu'!'ol or dominions of the other with their vessels, whether mertireothi-r. 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 favour 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 propmj f.iPt»reu one of the contracting parties, which may be captured by bypirute,. 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 Avell 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 proTi.bn for u» parties shall be wrecked, foundered, or shall suffer any damcue or wreck., tc age ou the coasts, or within the dominions of the other, there shall be given to them all assistance and protection, in the same maimer 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, provided the same be exported.
The citizens of each of the contracting parties shall have power to t dispose of their personal goods within the jurisdiction of ll'bZ *ue otncr, by sale, donation, testament, or otherwise, and wnVoVJti,.-r"»utmi'i their represeiitatives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestato, and they may take possession thereof, 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 said goods are or 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 all duties of detraction on the part of the Government of the respective States.
Both the contracting parties promise and engage formally to give their special protection to the persons and property of the rm*.r,j „f ri„. citizens of each other, of all occupations, w ho may be in the ,Th°Vrou*rtTM' territories subject to the jurisdiction of the one or of the ""•°,hcrother, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial recourse, on the sa'me terms which are usual and customary with the natives or citizens of the country in which they may be; for which they may employ, in defence of their rights, such advocates, solicitors, notaries, agents, and factors as they may judge proper in all their trials at law: aud such citizens or agents shall have free opportunity to be present at the decisions and sentences of the tribunals in all cases which may concern, them, and likewise at the taking of all examinations and evidence" which may he exhibited in the said trials.
It is likewise agreed that the most perfect aud entire security of conscience shall be enjoyed by the citizens of both the contracting parties in the countries subject to the jurisdiction of the one and the other, without their being liable to be disturbed or molested on account of their religious belief, so long as they respect the laws aud established usages of the country. Moreover, the bodies of the citizens of one of the contracting parties who may die in the territories of the other shall be buried in the usual buryinggrouuds, or in other decent or suitable places, and shall be protected from violation or disturbance.
It shall be lawful for the citizens of the United States of America and of the Republic of Guatemala to sail with their ships, with all manner of liberty and security, no distinction being made who are the proprietors of the merchandise laden thereon, from any port, to the places of those who now are or hereafter shall be at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandises 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. Aud it is hereby stipulated that free ships shall also give freedom to goods, and that everything shall be deemed fm ,tiM, !r„ to be free and exempt which shall be found on board the
ships belonging to the citizens of either of the contracting parties, although the whole lading or any part thereof should appertain to tlie enemies of either, contraband goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies of both or either party, they are not to be taken out of that free ship unless they are otlieers or 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 neutral, the flag of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not of others.
It is likewise agreed that in the case where the neutral flag of one of the contracting parties shall protect the property of the enemies of the other, by virtue of the above stipulation, it M,»r,cnem,.rc«ti. gjjgjj aiwavs ^e 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 afterwards, if it were done without the knowledge of it; but the contracting parties agree that, two months having elapsed after the declaration, 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 merchandises of the neutral embarked in such enemy's ship shall be free.
This liberty of navigation and commerce shall extend to all kinds of merchandises, 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, swivels, blunderbusses, muskets, fuzees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and granades, bombs, powder, matches, balls, and all other things belonging to the use of these arms.
2dljT. Bucklers, hemlels, breast-plates, coats of mail, infantry belts, and clothes made up in the form and for a military use.
3dly. Cavalry belts, and horses with their furniture.
4thly. And generally all kinds 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.
All other merchandise and things not comprehended in the articles of oTM>d, con«jor>d contraband explicitly enumerated and classified as above, ""'*'• shall be held and considered as free, and subjects of free
and lawful commerce, so'that they mayT be carried and transported in the freest manner, by both the contracting parties, even to places belonging to an enemy, excepting only those places which are at "k"i"""'r that time besieged or blockaded; and to avoid all doubt in