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TREATY OF PEACES FRIENDSHIP, NAVIGATION AND COMMERCE, BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF VENEZUELA. CONCLUDED JANUARY 20, 1836; RATIFICATIONS EXCHANGED MAY 31, 1836; PROCLAIMED JUNE 20, 1836.
[This treaty was terminated January 3; 1£51, pursuant to notice from Venezuela, under Article 34.]
The United States of America ami the Eepublic of Venezuela, desiring to make lasting and firm the friendship and good understanding 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 of friendship, commerce, and navigation. For this most desirable object, the President of the United States of America has conferred full powers on John G. A. Williamson, a citizen of the said States, and their Charge d'Affaires to the said Eepublic, and the President of the Republic of Venezuela on Santos Michelena, a citizen of the said Eepublic; 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 friendship between the United States of America and the Republic ^ JfriMrf.ki of Venezuela, in all the extent of their possessions and terri- *"**° * tories, and between their people and citizens, respectively, without distinction of persons or places.
The United States of America and the Eepublic of Venezuela, desiring to live in peace and harmony with all the other nations of
. f ,m « « «• n t i i| i> • ii Fa»or» of commerce.
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 placiug the commerce and navigation of their respective countries „„,„„, ^sui. on the liberal basis of perfect equalZity and reciprocity, *"'• '°d mutually agree that the citizens of each may frequent all the coasts and countries of the other, and reside and trade there in all kinds of produce, manufactures aud merchandize; and they shall enjoy all the rights, privileges and exemptions, in navigation aud 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 which is reserved, by the parties respectively, according to their own separate laws.
They likewise agree that whatever kind of produce, manufactures, Equaiiution of or merchandize, of any foreign country, can be from time to 4uti«. tjme ]awfuiiy imported into the United States, in their own
vessels, may be also imported in vessels of tho Republic of Yenezuela; and that 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, that whatever kind of produce, manufactures, or merchandize, of any foreign country, can be from time to time lawfully imported into the Republic of Venezuela, 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 vessels aud her cargo shall be levied or collected, whether the importation be made in vessels of the one country or of the other. Aud they agree that whatever may be lawfully exported or re-exported from the one country in its own vessels, to any foreign country, may, in like manner, be exported or re-exported in the vessels of the other country. And the same bounties, duties, and drawbacks shall be allowed and collected j whether such exportation or re-exportation be made in vessels of the United States or of the Republic of Venezuela.
For the better understanding of the preceding article, and taking into ventiueianraML consideration the actual state of the commercial marine of tho Republic of Venezuela, it has been stipulated and agreed that all vessels belonging exclusively to a citizen or citizens of said Republic, aud whose captain is also a citizen of the same, though the construction or crew are or may be foreign, shall be considered, for all the objects of this treaty, as a Venezuelan vessel*.
Tso higher or other duties shall be imposed on the importation into imp<,ri»ti»n. and the United States of any articles the produce or manufactures oiporti.tK.n,. 0f trie Republic of Venezuela, and no higher or other duties shall be imposed on the importation into de Republic of Venezuela of any articles the produce or manufacture of the United States, than are or shall be payable on the 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 Venezuela, respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed on the exportation or importation of any articles the prodnce or manufactures of the United States or of the Republic of Venezuela, to ■>r from the territories of the United States, or to or from the territories of the Republic of Venezuela, 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, CMm, of botk to manage themselves their own business, in all the ports 2TM^',;,; and places subject to the jurisdiction of each other, as well *°with respect to the consignment and sale of their goods and merchandize 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 subjects or citizens of the most favoured nation.
The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, merchandizes, or effects, for any military expedition, nor 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 forced to seek refuge or asylum in the rivers, bays, ports, Ci!i„„ to ^ or dominions of the other with tbeir vessels, whether mer- S^r^jS^;'; chant or of war, public or private, through stress of weather, re»°rstcpursuit 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, merchandize, and the effects belonging to the citizens of one of the contracting parties, which may be captured by pirates, whether within the limits of its jurisdiction or ou 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 well understood, that the claim should be made within the term of one year, by the parties themselves, their attorneys, or agents of the respective Governments.
When any vessel belonging to the citizens of either of the contracting parties shall be wrecked, foundered, or shall suffer any damage on the coasts or within the dominions of the other, "1
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 merchandize and effects, without exacting for it any duty, impost, or contribution whatever, until they may be exported*, unless they be destined for consumption.
The citizens of each of the contracting parties shall have power to p„«r w di»po~ dispose of their personal goods within the jurisdiction of .fprwrtj. tho other, by sale, donation, testament, or otherwise, and their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestate; and they may take possession thereof either 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 whereiu the said goods are, shall be subject to pay in like cases. And if, in the case of real [e]state, the said heirs would be prevented from entering into the possession of the inheritance on account of their c[h]aracter of aliens, there shall be granted to them the term of three years, to dispose of the same as they may think pr6per, and to withdraw the proceeds without molestation, nor any other charges than those which are imposed by the laws of the country.
Both the contracting parties promise and engage, formally, to give Iwd. .dj orop- their special protection to the persons and property of the ""• citizens 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 costwmary with the natives or citizens of the country in which tbey 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; and 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 be exhibited on the said trials.
The citizens of the United States residing iu the territories of the Lib.rtr oron- Republic of Venezuela shall enjoy the most perfect and wo'rihip,"1*'!^".^ entire security of conscience, without being annoyed, pre•""d. vented, or disturbed on account of their religious belief.
Neither shall they be annoyed, molested, or disturbed in the proper exercise of their religion in private houses, or in the chapels or places of worship appointed for that purpose, with the decorum due to divine worship, and with due respect 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 Venezuela, in convenient and adequate places, to be appointed and established by themselves 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 sepulc[h]res of the dead be disturbed in- any wise nor upon any account. Lii like manner, the citizens of Venezuela shall enjoy within the Government and territories of the United States a perfect and unrestrained liberty of conscience and of exercising their religion publicly or privately, within their own dwelling-houses, or in the chapels aud places of worship appointed for that purpose, agreeable to the laws, usages, and customs of tho United States.
It shall be lawful for the citizens of the United States of America and of the Republic of Venezuela to sail with their ships, with „„th „ all manner of liberty and security, no distinction being lK'iio£.tI »'£ made who are the proprietors of the merchandizes 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 their ships and merchandizes 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, w hether they be under the jurisdiction of one power or under several; and it is hereby r„lhiBlomat stipulated that free ships shall also give freedom to goods, tr" !°°J' and that everything shall be deemed 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 the enemies of either, contraband goods being always excepted. It is also agreed, in like manner, that the same Kr„ A<„ „ liberty shall be extended to persons who are on board a free v""0'"ship, with this effect, that, although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are officers 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 shalfl] cover the property, shall be understood as applaying to those Powers only who recognise 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 Immj.. enemies of the other, by virtue of the above stipulations, it £*„'Jj£^Lf,lp shall always be understood that the neutral property found M»i*< 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 mouths 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 merchandizes of the neutral, embarked in such enemy's ship, shall be free.
. Article XVII.
This liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only which are distinguished Coatiibiind> by the name of contraband; and under this name of contra- ""*bl band or prohibited goods shall be comprehended: