Free egress allowed in certain cases.

Vessels not to be permitted to depart with a cargo taken on board during

the blockade.

Regulation of visits at sea.

In case of war, vessels to be provided with sea-letters.

If not so provided, may be adjudged lawful prize.

shall again attempt to enter; but she shall be permitted to go to any other port or place the master or supercargo shall think proper. Nor shall any vessel of either party, that may have entered into such port or place, before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting it, with her cargo; nor, if found therein before or after the reduction and surrender, shall such vessel, or her cargo be liable to seizure, confiscation, or any demand on the score of redemption or restitution; but the owners thereof shall be allowed to remain in the undisturbed possession of their property. And if any vessel, having thus entered the port before the blockade took place, shall take on board a cargo after the blockade be established, and attempt to depart, she shall be subject to being warned by the blockading forces to return to the port blockaded, and discharge the said cargo; and if, after receiving said warning, the vessel shall persist in going out with the cargo, she shall be liable to the same consequences to which a vessel attempting to enter a blockaded port, after being warned off by the blockading forces would be liable.

ARTICLE XVII.

To prevent all kinds of disorder and irregularity in the visiting and examining of the ships and cargoes of both the contracting parties on the high seas, they have agreed, mutually, that whenever a vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain at the greatest distance compatible with the possibility and safety of making the visit, under the circumstances of wind and sea, and the degree of suspicion attending the vessel to be visited, and shall send one of her small boats, with no more men than those necessary to man it, for the purpose of executing the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment; in respect of which, the commanders of said armed vessels shall be responsible, with their persons and property; for which purpose, the commanders of said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the injuries and 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 the purpose of exhibiting the ship's papers, nor for any other purpose whatever.

ARTICLE XVIII.

To avoid all vexation and abuses in the examination of the papers relating to the ownership of the vessels belonging to the citizens of the contracting parties, they have agreed, and do agree, that, in case one of them should be engaged in war, the ships and vessels of the other must be furnished with sea-letters, or passports, expressing the name, property, and burden of the ship, as also the name and place of residence of the master or commander thereof, in order that it may thereby appear that the said ship really and truly belongs to the citizens of one of the parties. They have likewise agreed, that such ships, being laden, besides the said sea-letters or passports, shall 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 contraband or prohibited goods are on board of 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 the said vessel may be detained, to be adjudged by the competent tribunals, and may be declared legal prize, unless the said defect shall be proved to be owing to accident, or be satisfied or supplied by testimony entirely equivalent, in the opinion of said tribunals; to which ends, there shall be allowed a sufficient term of time for its procurement.

ARTICLE XIX.

And it is further agreed, that the stipulations above expressed, relative to the visiting and examining of vessels, shall apply to those only 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.

ARTICLE XX.

It is moreover agreed, that, in all cases, the established courts for prize causes, in the country to which the prize may be conducted, shall alone take cognizance of them. And whenever such tribunal or court, of either party, shall pronounce judgment against any vessel, goods, or property, claimed by citizens of the other party, the sentence or decree shall mention the reasons or motives in 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 or property, without any excuse or delay, he paying the legal fees for the same.

ARTICLE XXI.

Whenever one of the contracting parties shall be engaged in war with another State, no citizen of the other contracting party shall accept a commission or letter of marque, for the purpose of assisting or co-operating hostilely with the said enemy against the said party so at war, under pain of being treated as a pirate.

ARTICLE XXII.

In the event

of war between the parties, citizens may remain, &c.

If, at any time, a rupture should take place between the two contracting nations, and (which God forbid) they should become engaged in war with each other, they have agreed, and do agree now, for then, that the merchants, traders, and other citizens of all occupations, of each of the two parties residing in the cities, ports, and dominions of the other, shall have the privilege of remaining and continuing their trade and business therein, and shall be respected and maintained in the full and undisturbed enjoyment of their personal liberty and property, so long as they behave peaceably and properly, and commit no offence against the laws. And in case their conduct should render them suspected of malepractices, and, having thus forfeited this privilege, the respective Governments should think proper to order them to depart, the term of twelve months, from the publication or intimation of this order therefor, shall be allowed them, in which to arrange and settle their affairs, and remove with their families, effects, and property; to which end, the necessary safe conduct shall be given to them, and which shall serve as a sufficient protection until they arrive at the designated port, and there embark. But this favour shall not be extended to those who shall act contrary to Exceptions. the established laws. It is, nevertheless, to be understood, that the persons so suspected may be ordered, by the respective Governments, to remove forthwith into the interior, to such places as they shall think fit to designate.

ARTICLE XXIII.

Neither the debts due from individuals of the one nation, to the individuals of the other, nor shares, nor money, which they may have in public funds, nor in public or private banks, shall ever, in any event of war or national difference, be sequestered or confiscated.

If suspected of malpractices, and ordered to depart, time allowed, &c.

Property of citizens not to be sequestered.

Immunities of public agents.

Consuls admitted into all ports open to foreign commerce, except &c.

Consuls to exhibit their com missions, &c.

Privileges of consuls, &c.

ARTICLE XXIV.

Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official intercourse, they have agreed, and do agree, to grant to their envoys, ministers, and other public agents, the same favors, immunities, and exemptions, as those of the most favored nation do or shall enjoy; it being understood, that whatever favors, immunities, or privileges the United States of America, or the Peru-Bolivian Confederation, may find it proper to grant to the envoys, ministers, and public agents of any other power, shall, by the same act, be granted and extended to those of the contracting parties, respectively.

ARTICLE XXV.

To make more effectual the protection which the United States of America and the Peru-Bolivian Confederation, shall afford in future to the navigation and commerce of the citizens of each other, they agree to receive and admit consuls and vice-consuls, in all the ports open to foreign commerce; who shall enjoy, within their respective consular districts, 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 functionaries may not seem convenient.

ARTICLE XXVI.

In order that the consuls and vice-consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities which belong to them by their public character, they shall, before entering on the exercises of their functions, exhibit their commission, or patent, in due form, to the Government to which they are accredited; and, having received their exequatur, they shall be held and considered as such consuls and vice-consuls, by all the authorities, magistrates, and inhabitants in the consular district in which they reside.

ARTICLE XXVII.

It is likewise agreed, that the consuls, vice-consuls, their secretaries, officers and persons attached to their service, (they not being citizens of the country in which the consul or vice-consul resides,) shall be exempt from all public service, and also from all kinds of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce, or their property, and from which the citizens of their respective country, resident in the other, are not exempt, in virtue of the stipulations contained in this treaty; they being, in every thing besides, subject to the laws of the respective States. The archives and chives to be in- papers of the consulates shall be respected inviolably, and, under no pretext whatever, shall any magistrate, or other person, seize, or in any way interfere with them.

Consular ar

violable.

Consuls, &c.

may require the

assistance of the local authorities

ARTICLE XXVIII.

The said consuls and vice-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; to arrest desert- and for this purpose they shall address themselves to the courts, judges, or officers competent, and shall demand the said deserters in writing, proving, by an exhibition of the ship's roll, or other public document, that the men so demanded are part of the crew of the vessel from which

ers.

it is alleged they have deserted; and on this demand, so proved, (saving, however, when the contrary is more conclusively proved,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of the said consuls or vice-consuls, and may be put in the public prisons, at the request and expense of those who reclaim them, to be sent to the ships to which they belong or to others of the same nation; but if they should not be so sent 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.

ARTICLE XXIX.

For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree to form, as soon hereafter as may be mutually convenient, a consular convention, which shall declare, specially, the powers and immunities of the consuls and vice-consuls of the respective parties.

ARTICLE XXX.

The United States of America, and the Peru-Bolivian Confederation, desiring to make as durable as circumstances will permit the relations which are established between the two parties in virtue of this treaty, or general convention of peace, friendship, commerce, and navigation, have declared solemnly, and do agree, as follows:

1st. The present treaty shall be in force for twelve years from the day of the exchange of the ratifications thereof; 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 them reserving to itself the right of giving such notice to the other, at the end of said term of twelve years. And it is hereby agreed between the parties, that on the expiration of one year after such notice shall have been received by either of them from the other, as above mentioned, this treaty shall, in all the points relating to commerce and navigation, altogether cease and determine; and in all those parts which relate to peace and friendship, it shall be permanently and perpetually binding on both powers.

Deserters, how to be disposed of.

Consular con

vention to be

formed.

Points agreed

to.

Duration of the treaty.

2dly. If any one or more of the citizens of either party shall infringe Citizens perany of the articles of this treaty, such citizen or citizens shall be held sonally respon personally responsible therefor, and the harmony and good correspond-sible for violaence between the two nations shall not be interrupted thereby; each treaty. party engaging, in no way, to protect the offender or offenders, or to sanction such violence, under pain of rendering itself liable for the consequences thereof.

3dly. If, (which, indeed, cannot be expected,) unfortunately, any of the stipulations contained in the present treaty shall be violated or infringed in any other way whatever, it is expressly covenanted and agreed, that neither of the contracting parties will order, or authorize, any act of reprisals, nor declare or make war against the other, on complaint of injuries or damages resulting therefrom, until the party considering itself aggrieved shall first have presented to the other a statement or representation of such injuries or damages, verified by competent proofs, and have demanded redress and satisfaction, and the same shall have been either refused or unreasonably delayed.

War not to be declared until been demanded, &c.

redress has

Other treaties

4thly. Nothing in this treaty contained shall, however, be construed to operate contrary to former and existing public treaties with other not to be affect States or sovereigns.

ed by this.

The present treaty of peace, friendship, commerce, and navigation, shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the Supreme Protector of the north and south Peruvian States, President of the Republic of Bolivia, encharged with the direction of the foreign relations of the Peru-Bolivian Confederation; and the ratifications shall be exchanged within eighteen months from the date of the signature hereof, or sooner, if possible.

In faith whereof, we, the plenipotentiaries of the United States of America, and the Peru-Bolivian Confederation, have signed and sealed these presents.

Done in the city of Lima, on the thirtieth day of November, in the year of our Lord one thousand eight hundred and thirty-six.