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All other merchandises ami things not comprehended in the articles of contraband explicitly enumerated and classified as above, „,„'" Y'V'I .V"1,: shall be held and 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 oi" both the contracting partics, even to places belonging to an enemy, excepting only those places which are at that time besieged or blockaded; and to avoid all doubt in this particular, it is declared that those places or ports only are besieged or blockaded Avhich are actually attacked by a belligerent force capable of preventing the entry of the neutral.
The articles of contraband before enumerated and classified which may be found in a vessel bound to an enemy's port shall be sub''■ ject 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 vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great or of sO large a bulk that they cannot be received on board the capturing ship without great inconvenience; but in this, as well as in 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 placesbelonging to an enemv without knowing that the same is besieged, 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, be confiscated, unless, after warning of such blockade or investment from any officer commanding a vessel of the blockading forces, they 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 of either that may have entered into such port before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such 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 shall be restored to the owners thereof.
In order to prevent all kind of disorder in the visiting and examina,„.,„„„ tionof the ships and cargoes of both the contracting parties or .h,i««d.»«.«-.. on high seas, they mutually agree that whenever a vessel of war shall meet with a neutral of the other contracting party, the first shall remain at a convenient distance, and may send its boats 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 the 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 suffi- >r"~ ^ cient security to answer for all the damages 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 tlte purpose of exhibiting his palters, or for any other purpose whatever.
To avoid all kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to ,,r, ,,„,
the citizens of the two contracting parties, they agree that, f ■ in case one of them should be engaged in war, the ships and vessels belonging to the citizens of the other jnust be furnished with sea-letters or passports, expressing the name, property, and bulk of the ships, as also the name and place of habitation of the master and commander of said vessel, in order that it may thereby appear that said ship truly belongs to the citizens of one of the parties; they likewise agree that such ships being laden, besides the said sea-letters or passports, shall also be provided with certificates, containing the several particulars of the cargo, and the place whence the ship sailed, so that it may be known whether any forbidden or contraband goods be 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 such requisites said vessels may be detained, to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall prove to be owing to accident, and 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 V(.Ti.n»'-rTM. those which sail without convoy; and when said vessels"" shall be under convoy, 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 are 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 tor prize canses in the country to which the prizes may be conducted shall alone take cognizance of them; and whenever such tribunals of either party shall 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 on 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, be delivered to the commander or agent of said vessel without any delay, he l>aying the legal fees for the same.
So citizen of the Republic of Bolivia shall take any commission or letters of marque for arming any ship or ships to act as priva- ( r< ,
teei's against the said United States, or any of them, or L: against the citizens, people, or inhabitants of the said United
States, or any of them, or against the property of any of the inhabitants of any of them, from any Prince or State with, which the said United States shall be at war; nor shall any citizen or inhabitant of the United States, or any of them, ta ke any commission or letters of marque for arming- any ship or ships to act as privateers against the citizens of the Republic of Bolivia, or any of them, or the property of any of them, from any Prince or State with which the said Republic of Bolivia shall be at war; and if any person of either nation shall take such commissions or letters of marque he shall be punished according to their respective laws.
Article XXVI. .
In accordance with fixed principles of international law, Bolivia re-.
gards the rivers Amazon aud La Plata, with their tribute
Free rniviemkni nf . - * . ^ , i i i /» i i
the AmuTM and L. ries, as highways or channels opened by nature for the commerce of all nations. In virtue of which, aud desirous of promoting an exchange of productions through these channels, she will permit, aud invites, commercial vessels of all descriptions of the United States, and of all other nations of the world, to navigate freely in any part of their courses which pertain to her, ascending those rivers to Bolivian ports, and descending therefrom to the ocean, subject only to the conditions established by this treaty, and to regulations sanctioned or which maybe sanctioned, by the national authorities of Bolivia not inconsistent with the stipulations thereof.
The owners or commanders of vessels of the United States entering the Bolivian tributaries of the Amazon or La Plata i,iunurioT"of !h° shall have the right to put up or construct, in whole or in AmaxonorLaPiua. vessels adapted to shoal-river navigation, and to
transfer their cargoes to them without the payment of additional duties; and they shall not pay duties of any description for sections or pieces of vessels, nor for the machinery or materials which they may introduce for use in the construction of said vessels.
All places accessible to these, or other vessels of the Uuited States, port.op-n w r,„. upon the said Bolivian tributaries of the Amazon or La TM»commerce. Plata, shall be considered as ports open to foreign commerce, and subject to the provisions of this treaty, under such regulations as the Government may deem necessary to establish for the collection of custom-house, port, light-house, police, and pilot duties. And such vessels may discharge and receive freight or cargo, being effects of the country or foreign, at any one of said ports, notwithstanding the provisions of Article 3.
If, by any fatality, (which cannot be expected, and which God forbid,) rn»u<-,..« m (.,„■ the two contracting parties should be engaged in a war with each other, they 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 in the territories of the United States and the Republic of Bolivia, shall lie respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause tbeni to forfeit this protection, which, ia consideration of humanity, the contracting parties engage to give them.
ARTICLE XXIX. ,
Xeither the debts due from the individuals of one nation to the individuals of the other, nor shares, nor moneys which they npb„, ic, „.„,. may have in the public funds, nor in public or private banks, shall ever, in any event of war or of national difference, be sequestered or confiscated.
Both the contracting parties, being desirous of avoiding all inequality in relation to their public communications and official inter- M,„t ,.v„rej recourse, agree to grant to the Envoys, Ministers, and other ""■ public Agents, the same favors, immunities, and exemptions which those of the most favored nation do or may enjoy; it being understood that whatever favors, immunities, or privileges the United States of America or the liepublic of Bolivia may find it proper to give to the Ministers and other public Agents of any other power shall, by the same act, be extended to those of each of the contracting parties.
To make effectual the protection which the United States and the Republic of Bolivia shall afford in future to the navigation r„„.„i, „„., w.~ and commerce of the citizens of each other, they agree to re- r"""'K ceive 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.
In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, immunities, and prerogatives Cr^iMi »nj which belong to them by their public character, they shall, «">"«""• before entering upon their functions, exhibit their commission or patent in due form to the Government to which they are accredited, and hav: ing obtained their exequatur they .shall be held and considered as such by all the authorities, magistrates, and inhabitants in the consular disrict in which they reside.
It is also agreed that the Consuls, and officers and persons attached to the consulate, they not being citizens of the country in Ktrmr„„„ of which the Cousid resides, shall be exempted from all kinds <,on*"'''ic' °1 imposts and contributions, except those which they shall be obliged TO pay on account of their commerce or property, to which the citizens °r inhabitants, native or foreign, of the country in which they reside are subject, being, in everything besides, subject to the laws of the respectlve States. The archives and papers of the consulate shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them.
• Article XXXIV.
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 registers of the vessels or ships' roll, or other public documents, that those men were part of the said crews; and on this demand, so proved, (saving, however, when 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, at the request and expense of those who reclaim them, to be sent to the ship* 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.
For the purpose of more effectually protecting their commerce and <.,.«„i«r navigation, the two contracting parties agree, as soon here after as circumstances will permit them, to form a consularconvention which shall declare especially the powers and immunities of the Consuls and Vice-Consuls of the respective parties.
The United States of America and the Eepublic of Bolivia, desiring to make as durable as circumstances will permit the relations which are established between the two parties by virtue of this treaty of peace, amity, commerce, and navigation, declare solemnly and .agree to the following points:
1st. The present treaty shall remain in full force and virtue for the Ti,,mt,on of thi. term of ten years, to be counted from the day of the exir«.„ty. change 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 ten years; and it is 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 perpetual and permanently binding on both powers. 2d. If one or more of the citizens of either party shall infringe any of infri^,,. i. of the articles of this treaty, such citizen shall be held persontr. ,., ally responsible for the same, and harmony and good cor
respondence between the two nations shall not be interrupted thereby, each party engaging in no way to protect the offender or sanction such violation.
3d. If, (what indeed cannot be expected,) unfortunately, any of the c^orviotationof articles contained in the present treaty shall be violated, or .wancr. infringed in any other mode whatever, it is expressly