« PreviousContinue »
strnctions; that is to say, those whose navigation may be naturally plain and current without there having been need to obtain it by the employment of labor and capital; that by consequence there remains reserved the right of the Bolivian Government to grant privileges to any association or company, as well foreign as national, which should nndertake the navigation of those rivers from which, in order to succeed, there are difficulties to overcome, such as the clearing out of rapiils, &c, &c.
T!ie United States of America and the Kepublic of Bolivia mutually agree that there shall be reciprocal liberty of commerce and navigation between their respective territories and citizens. J^'.^l^T'' The citizens of either republic may frequent with their ves- "' 5 sels all the coasts, ports, and places of the other where foreign commerce is permitted, and reside in all parts of the territory of either, and occupy dwellings and warehouses; and everything belonging thereto shall be respected, and shall not be subjected to any arbitrary visits or search. The said citizens shall have full liberty to trade in all p:irts of the territory of either, according to the rules established by the respective regulations of commerce, in all kinds of goods, merchandise, manufactures, and produce, not prohibited to all, and to open retail stores and shops, under the same municipal and police regulations as native citizens; and they shall not in this respect be liable to any other or higher taxes on imposts than those which are or g>'uieT"""""TM may be paid by native citizens. 2y> examination or inspec- E«»i..in.ii..»... tion of their books, papers, or accounts, shall be made with- '""k"v:""'"' out the legal order of a competent tribunal or judge.
The provisions of this treaty are not to be understood as applying to the navigation and coasting trade between one port and another, situated iu the territory of either of the contracting parties—the regulation of such navigation and trade being reserved respectively by the parties according to their own separate laws. Vessels of either country shall, however, be permitted to discharge part of their cargoes at one port, open to foreign commerce, in the territories of either of the high contracting parties, paying only the customhouse duties upon that portion of the cargo which may be discharged, and to proceed with the remainder of their cargo to any other port or ports of the same territory, open to foreign commerce, without paying other or higher tonnage duties or port charges in such cases than would be paid by national vessels in like circumstances; and they shall be permitted to load in like manner at different ports in the same voyage outward.
The citizens of cither country shall also have the unrestrained right to travel in any part of the possessions of the other, and shall in all cases enjoy the same security and protection as the natives of the country in which they reside, on condition of their submitting to the laws, decrees, and ordinances there prevailing. They shall not be called upon for any forced loan or occasional contribution nor shall they be liable to any embargo, or to be detained with their ves, sels, cargoes, merchandise, goods or effects, for any military expeditionor for any public purpose whatsoever, without being allowed therefor a full and sufficient indemnification, which shall in all cases be agreed upon and paid in advance. ,
All kinds of produce, manufactures, or merchandise of any foreign country which can, from time to time, be lawfully imported i<,!'i°. M,«.:.riL,'"»';TM hito the United States in their own vessels, may be also !!;",'m,»i,irr,'w imported in vessels of the Republic of Bolivia; and no • higher or other duties upon the tonnage of the vessel and . her cargo shall be levied and collected, whether the importation be made in the vessels of the one country or of the other; and in like manner all kinds of'produce, manufactures, and merchandise of any foreign country that can be, from time to time, lawfully imported into the Republic of Bolivia in its own vessels, whether in her ports upon the Pacific or her ports upon the tributaries of the Amazon or La Plata, may be also imported in vessels of the United States; and no higher or other duties upon the tonnage of the vessel and her cargo shall be levied or collected, whether the importation be made in vessels of the one country or of the other. And tliey agree that what may be lawfully exported or reexported from the one country in its own vessels, to any foreign country, may, in like manner, be exported or reexported in the vessels of the other country; and the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or reexportations be made in vessels of the United States or of the Republic of Bolivia.
In all these respects the vessels and their cargoes of the one country, in the ports of the other, shall also be on an equal footing with those of the most favored nation. It being further understood that these principles shall apply whether the vessels shall have cleared directly from the ports of the nation to which they appertain, or from the ports of any other nation.
For the better understanding of the preceding article, and taking into consideration the actual state of the commercial marine of
„,w!',hJ,!,,.",,TM- the Republic of Bolivia, it is stipulated and agreed that-all vessels belonging exclusively to a citizen or citizens of said
Republic, and whose captain is also a citizen of the same, though the
construction or the crew are or may be foreign, shall be considered, for
all the objects of this treaty, as a Bolivian vessel.
No higher or other duties shall be imposed on the importation into the so United States of any articles, the produce or manufactures of
tile Republic of Bolivia, and no higher or other duties shall be imposed on the importation into the Republic of Bolivia of any articles, the produce or manufactures of the United States, than are or shall be payable on the like articles being the produce or manufactures of any other 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 Bolivia, respectively, than such as are payable on the exportation of the like articles to auy other foreign country; nor shall any prohibitions be imposed on the exportation or importation of any articles the produce or manufactures of the United States, or of the Republic of Bolivia, to or from the territories of the United States, or to or from the territories of the Republic of Bolivia, which shall not equally extend to all other nations. Article VII.
It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of either country, to manage themselves their own business, in all the ports «.■.,'''„"*!",?.,.,';;,» and places subject to the jurisdiction of the other, as well with respect to the consignment and sale of their goods and merchandise, by wholesale or retail, as with respect to the loading, unloading, and sending off their ships; they being in all these cases to be treated as citizens of the country in which they reside, or at least to be placed on a footing with the citizens or subjects of the most favored nation.
The Republic of Bolivia, desiring to increase the intercourse between the Pacific ports by means of steam navigation, engages to accord to any citizen or citizens of the United States who may establish a line of steam vessels to navigate regularly between the different ports and bays of the coasts of the Bolivian territory, the same privileges of taking in and landing freight and cargo, entering the byports for the purpose of receiving and landing passengers and their baggage and money, carrying the public mails, establishing depots for coal, erecting the necessary machine and work shops for repairing and rentting the steam vessels, and all other favors enjoyed by any other association or company whatsoever of the same character. It is furthermore understood between the two high contracting parties that the steam vessels of either shall not be subject, in the ports of the other party, to any duties of tonnage, harbor, or other similar duties whatsoever than those that are or may be paid by any other association pv company.
Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, ports, or dominions of the other with their vessels, whether merchant n ,T,",,',."^,MnVTMor of war, through stress of weather, pursuit of pirates or "°° enemies, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships and placing themselves in a situation to continue their voyage without obstacles or hinderance of any kind. And the provisions of this article shall apply to privateers or private vessels of war as well as public, until the two lii^h contracting parties may relinquish the right of that mode of warfare, in consideration of the general relinquishment ot the right of rapture of private property upon the high seas.
■ When any vessel belonging to the citizens of either of the contracting
parties shall be wrecked, or shall sutler any damages in T ,, „r,,k,.,i
the seas, rivers, or channels, within the dominions of the "r other, 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.
All the ships, merchandise, and the effects belonging to the citizens r•.„.„„.•, i„ Pi. of one of the contracting parties, which may be captured by 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 form, their rights before the competent tribunals; it being -well 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.
The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the wnn'riSjx-ny 5 other, by sale, donation, testament, or otherwise, and their .occw»«.i.t..-rrtn. represen^aj;ive8> being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab infestato, and they may take possession thereof, either by themselves or others acting lor them, and dispose of the same at their will, paying such duties only as the inhabitants of the country where such goods are. 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 longest period allowed by the law to dispose of the same as they may think proper, and to withdraw the proceeds without molestation, nor any other charges than those which arc imposed by the laws of the country.
Both the contracting parties promise and engage, formally, to give their special protection to the persons and property of the cit»Sn °l 7>* izens of each other, of all occupations, who may be in the territories subject to the jurisdiction of the 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 of the country; for which they may employ, in defense 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 accusations and sentences of the tribunals in all cases which may concern them; and likewise at the taking of all examinations and evidence which may be exhibited on the said trials, in the manner established by the laws of the country. If the citizens of one of the contracting parties, in the territory of the other, engage in internal political questions, they shall be subject to the same measures of punishment and precaution as the citizens of the country where they reside.
The citizens of the two contracting parties shall enjoy the full liberty
,tll,. fr„,. of conscience in the countries subject to the jurisdiction of
the one or the other, without being disturbed or molested \n account of their religious opinions, provided they respect the laws and established customs of the country. And the bodies of the citizens of the one who may die in the territory of the other shall be interred in the public cemeteries, or in other decent places of burial, which shall be protected from all violation or insult by the local authorities..
It shall be lawful for the citizens of the United States of America, and of the liepublic of Bolivia, to sail with their ships, fm*,m of „.,,. with all mauuer of liberty and security, no distinctioti being •*,""t made who are the proprietors of the merchandises 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 bo 'lawful for the citizens aforesaid to sail with their ships and merchandises before mentioned, and to trade with the same liberty and security, not only from places and ports of those who are enemies of both or either party, to the ports of the other, and 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 of several
The two high contracting parties recognize as permanent and immutable the following principles, to w;it: >r„ ,hip,. ,m
1st. That free ships make free goods; that is to say, that the effects or goods belonging to subjects or citizens of a power or State at war are free from capture or confiscation when found on "board of neutral vessels, with the exception of articles contraband of war.
2d. That the property of neutrals on board an enemy's vessel is not subject to confiscation, unless the same be contraband of war.
The like neutrality shall be extended to persons who are on board a neutral ship with this effect, that although they maybe enemies to both or either party, they are not to be taken out of that ship unless they are officers or soldiers, and in the actual service of the enemies. The contracting parties engage to apply these principles to the commerce and navigation of all such powers and States as shall consent to adopt them as permanent and immutable.
This liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only which are distinguished r()„,„h»„j «r by the name of contraband of w-ar, and under this name "°r shall be comprehended—
1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuses, rifles, carbines, pistols, pikes, swords, sabers, lances, spears, halberds, and 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 a military use.
3d. Cavalry belts, and horses, with their furniture.
4th. And, generally, all kinds of arms, offensive and defensive, and instruments of iron, steel, brass, and copper, or any other materials manufactured, prepared, and formed expressly to make war by sea or land.