« PreviousContinue »
there shall be given to them all assistance and protection, in the same manner 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, unless they may be destined for consumption or sale in the country of the port where they may have beeu disembarked.
The citizens of each of the contracting parties shall have power to s.i«. »nd ir,hfr,t. dispose of their personal goods or real estate within the jurisdiction of the other, by sale, donation, testament, or otherwise; and their representatives, being citizens of the other party, shall succeed to their said personal goods or real estate, whether by testament-or ab intestate; and they may take possession thereof, either by themselves or others acting for tliem, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein said goods are shall be subject to pay in like cases.
Both contracting parties promise and engage formally to give their » _ special protection to the persons and property of the citi
i ,o,«rty«nj r.shu. zens 0f other, of all occupations, who may be in the territories subject to the jurisdiction of one or the other, transient 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 defence of their rights such advocates, solicitors, notaries, agents, and factors as they may judge proper, in all their trials at law; and such citizens or agents shall have free opportunity to be present at the decisions or sentences of the tribunals in all cases which may concern them, and shall enjoy in such cases all the rights and privileges accorded to the native citizen.
The citizens of the United States residing in the territories of the Republic of San Salvador shall enjoy the most perfect and entire security of conscience, without being annoyed, prevented, 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 the 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 San Salvador, in convenient and adequate places, to be appointed and established 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 anywise, nor upon any account.
In like manner the citizens of San Salvador shall enjoy within the Government and territories of the United States a perfect aud 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 the laws, usages, and customs of the United States.
It sball be lawful for the citizens of the United States of America and of the Republic of San Salvador to sail with their ships, comTMTM* >» i.n,* with all manner of liberty and security, uo distinction being made who are the proprietors of the merchandise laden thereon, from any port to the places of those who now are or 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 merchandise before mentioned, and to trade with the same liberty and security from the places, ports, and havens of those who are the enemies of both or either party, without any opposition or disturbance whatsoever, not only 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
Free nhips to mak. e
freedom to'goods, and that everything which shall be found freo«u°J» *^ 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; siini„r rrm„lo„ that altho' they be enemies to both or either party, they are "'"p*TM0"not to be taken out of that free ship, unless they are officers and 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 Hag 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, Limiution of „,„ and the other remains neutral, the Hag 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 one of n , . the enemies of the other by virtue of the above stipulation, m*TMTMmj".lU° it shall always be understood that the neutral property found on board such enemy's vessel 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 alter 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 ships shall be free.
This liberty of navigation and commerce shall extend to all kinds of 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, swivels, blunderbusses, muskets, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberts, hand-grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms.
2d. Bucklers, helmets, breastplates, 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 kinds of arms and instruments of iron, steel, brass, and copper, or of any other material manufactured, prepared, and formed expressly to make war by sea or land.
5th. Provisions that are imported into a besieged or blockaded place.
All other merchandise and things not comprehended in the articles of contraband explicitly enumerated and classified as above, o.n« good. ire*. sna]j ke jjeicj an^ considered as free, and subjects of free
and lawful commerce, so that they may be carried and transported in the freest manner by the citizens of both the contracting parties, even to places belonging to au enemy, excepting those places only which are at that time besieged or blockaded; and, to avoid all doubt ,es«»n »e. .q partjcuiar> ft ja 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.
The articles of contraband before enumerated and classified which rrorctdiwinoM ma5" De found in a vessel bound for an enemy's port shall be oicontr»baqA subject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. Xo 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 they cannot be received on board the capturing ship without great inconvenience; but in this and all other cases of just detention the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment, according to law.
And whereas it frequently happens that vessels sail for a port or place belonging to au 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, bo 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. Xor 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 snail be restored to the owners thereof.
In order to prevent all kind of disorder in the visiting and examination of the ships and cargoes of both the contracting par- Vl,„,,inn of „„ ties on the high seas, they have agreed mutually that when- "u ever 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 damage they may commit. And it is expressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting her papers, or for any other purpose whatever.
To avoid all kinds of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to 5e».ietter i» time the citizens of the two contracting parties, they have agreed, of 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 aud 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 of the cargo aud 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 be detained to be adjudged by the competent tribunal, and may be declared lawful prize, unless the said defect shall bo proved to be owing to accident, and shall be satisfied or supplied by testimony entirely equivalent.
It is further agreed that the stipulations above expressed, relative to the visiting and examination of vessels, shall apply only to those which sail without convoy; and when said vessels shall be under couvoy, 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 be sufficient.
It is further agreed that in all cases the established courts for prize causes in the country to which the prizes may be conducted .. Bru shall alone take cognizance of them. And whenever snch
tribunals of either party sliall 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, he delivered to the commander or agent of said vessel, without any delay, he paying the legal fees for the same.
For the purpose of lessening the evils of war, the two high contracting parties further agree that iu case a war should unfortunately take place between them, hostilities shall only be carried on by persons duly commissioned by the Government, and by those under their orders, except iu repelling an attack or invasion, and iu the defence of property.
Whenever one of the contracting parties shall be engaged iu war with utter, of m.r0ue another State, no citizen of the other contracting party shall •riaccept a commission or letter of marque for the purpose of 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.
If by any fatality which cannot be expected, and God forbid, the two contracting parties should be engaged in a war with Vision for withdrawal eaph other, they have agreed, and do agree now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term 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 sufficient protection until they arrive at the designated port. The citizens of all other occupations who may be established iu the territories or dominions of the United States or of San Salvador shall bo respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit th'is protection, which, in consideration of humanity, the contracting parties engage to give them.
Neither the debts due from individuals of the one nation to the iudii>,bt,«».ipra^nT viduals of the other, nor shares nor money which they may cttou,«,„,„>at<-j. have U1 public funds, nor in public or private banks, shall ever, in any event of war or of national difference, be sequestered or contiscated.
Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official intercourse, have agreed, and do agree, to giant to the Envoys, Ministers, and other public agents, the same favors, immunities, and exemptions which those of the most favored nations do or shall enjoy;