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mutuallyagree that tbe citizens of each may frequent all the coasts and countries of the other, and reside and trade there, in all kinds of produce, manufactures, and merchandise; and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce winch 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, manufacture, or merchandise of any foreign country can be, from time to Furth„tws<,m„,t time, lawfully imported into the United States in their own ^.j^X'.S^ vessels, may be also imported in vessels of the Federation 0'her of the Centre of America; and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And in like manner that whatever kind of produce, manufactures, or merchandise of any foreign country can be, from time to time, lawfully imported into the Central Republic, iu 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 vessel, or her cargo, shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And they further agree that whatever may, be lawfully exported or reexported from the one country iu 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 drawbacksshall be allowed and collected, whether such exportation or reexportation be made in vessels of the United States or of the Central Republic.
No higher or other duties shall be imposed on the importation into 'the United States of any articles, the produce or manufactures of the Federation of the Centre of America, and no higher or other duties shall be imposed on the importation into the Federation of the Centre of America 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 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 Federation of the Centre of America, 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 produce or manufactures of the United States or of the Federation of the Centre of America, to or from the territories of the United States or to or from the territories of the Federation of the Centre of America, 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, to manage, themselves, their own business, in all the ports T°nh'""°*m°°li
and places subject to the jurisdiction of each 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 subjects or citizens of the most favored nation.
The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, merEmbawo, chandise, 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, or liven to citizens of dominions of the other, with their vessels, whether merchant or of war, public or private, through stress of weather, pursuit of pirates, or enemies, they shall be received and treated with humanity, giving to then} all favor and protection for repairing their ships, procuring provisions, and placing themseWes in a situation to continue their voyage without obstacle or hindrance of any kind.
All the ships, merchandise, and effects belonging to the citizens of captur.. b,Pi- one of the contracting parties, which may be captured by mn. 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 and proper form their rights before the competent tribunals;-it being well understood that the claim should be made < within the term of oue 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 dara
v '* age on the coasts, or within the dominions of the 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, until they may be exported.
The citizens of each of the contracting parties shall have power to dispeTM,..i oo Pose °^ *heir personal goods 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, 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, wherein said 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 term of three years to dispose of the same, as they may think proper, and to withdraw the proceeds without molestation, and exempt from all duties of detraction, on the part of the Government of the respective States.
Both the contracting parties promise and engage formally to give their special protection to the persons and property of the citizens of each other, of all occupations, who may be in the terri- wm"""TM?,"'" tories, subject to the jurisdiction of the one or the other, IK.iiL'L"'^^!! transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial recourse, on the same terms whiA are usual and customary with the natives or citizens of the country in which they 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 in the said trials.
It is likewise agreed that the most perfect and entire security of conscience shall be enjoyed by the citizens of both the contract- s„.or„7 ^ con. ing parties in the country subject to the jurisdiction of the "c,ence one and the other, without their being liable to be disturbed or molested ou account of their religious belief, so long as they respect the laws and established usages of the country. Moreover, the bodies of the citizens of one of the contracting parties, who may die in the territories of the other, shall be buried in the nsnalburying grounds, or in other decent and suitable places, and shall be protected from violation or disturbance.
It shall be lawful for the citizens of the United States of America and of the Federation of the Centre of America to sail with their ciliMM „r ^ ships, with all manner of liberty and security, no distinction ISy," H'lZ'nt being made who are the proprietors of the merchandise laden «*««■<•«* thereon, from any port, to the places of those who now are, or hereafter ?hall 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 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, whether they be under the jurisdiction of one power or under several. And it is hereby stipulated, that free ships shah also give freedom to goods, and that everything shall be deemed to be free and exempt which shall be found ou 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 liberty be extended to persons who are on board a free 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 en'emy: Provided, However, and it is hereby agreed, that the
stipulations in this article contained", declaring that the flag 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, 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 F„,th.r «re«- the contracting parties shall protect the property of the enemies of the other by virtue of the above stipulation, it shall always be understood that the neutral property found 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 months 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 merchandise of the neutral, embarked in such enemy's ships, shall be free.
, Article XVI.
This liberty of navigation and commerce shall extend to all kinds of merchandise excepting those only which are distinguished t.on' »n"y TMm°TM"« by the name of contraband, and under this name of contraband or prohibited goods shall be comprehended—
1st. Cannons, mortars, howitzers? swivels, blunderbusses, muskets, fuzees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms;
2dly. Bucklers, helmets, breastplates, coats of mail, infantry belts and clothes, made up in the form and for a military use;
3dly. Cavalry belts and horses with their furniture];
4thly. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed expressly to make war by sea or land.
All other merchandise and things not comprehended in the articles Aiiothermerch»n- of contraband explicitly enumerated and classified as above, *•*• shall be held and considered as free, and subjects of free and
lawful commerce, so that they may be cai'ried and transported in the freest manner by both the contracting parties 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 only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral. ARTICLE XVIII.
The articles of contraband before enumerated and classified which may be found in a vessel bound for an enemy's port, shall be 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. No 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 lie so great and of so largo a bulk that they cannot be received on board the capturing ship without great inconvenience; but in this and 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 place Monging to a"u enemy without knowing that the same is F„rth„ w„ 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 invest
! merit from the commanding officer of the blockading forces she shall again attempt to enter; but she shall be permitted to go to any other
I port or place she shall think proper. Nor 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 eball l>e 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 parties '« the high seas, they have agreed mutually, that whenever a vessel of war, public or private, shall meet with a neutral of the «ther contracting party, the first shall remain out of cannon shot, and say send its boat with two or three men only in order to execute the ■lid 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 *ith their persons and property, for which purpose the commanders of said private armed vessels shall, before receiving their commissions, rive sufficient security to answer for all the damages they may commit. I And it is expressly agreed that the neutral psrrty 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 kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging *,„,„„„„„ „r to the citizens of the two contracting parties, they have agreed and do agree that in case one of them should be engaged in war,