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1035. Vessels of war of the two contracting parties, shall observe towards each other, demonstrations of friendship and good intelligence, according to naval usage; and towards merchant vessels they shall exhibit the same kind and courteous manner.(1)
1036. Merchant vessels of the United States, in like manner as vessels of the most favoured nations, shall have liberty to pass the canal of the imperial residence, and go and come in the Black sea, either laden or in ballast; and they may be laden with the produce, manufactures and effects, of the Ottoman empire, excepting such as are prohibited, as well as of their own country.(2)
1037. Merchant vessels of the two contracting parties shall not be forcibly taken, for the shipment of troops, munitions and other objects of war, if the captains or proprietors of the vessels, shall be unwilling to freight them.(3)
1038. If any merchant vessel of either of the contracting parties, should be wrecked, assistance and protection shall be afforded to those of the crew that may be saved; and the merchandise and effects, which it may be possible to save and recover, shall be conveyed to the consul, nearest to the place of the wreck, to be, by him, delivered to the proprietors.(4)
RELATIONS WITH NAPLES.
Provision for payment of spoliations on American property
Indemnity, when payable
Art. 1039. His majesty the king of the kingdom of the Two Sicilies, with a view to satisfy the aforesaid reclamation, for the depredations, sequestrations, confiscations, and destructions of the vessels and cargoes of the mer. chants of the United States, (and for every expense of every kind whatsoever incident to, or growing out of the same) inflicted by Murat during the years 1809, 1810, 1811, and 1812, obliges himself to pay the sum of two millions, one hundred and fifteen thousand Neapolitan ducats to the government of the United States; seven thousand six hundred and seventy-nine ducats, part thereof, to be applied to reimburse the said government for the expense incurred by it, in the transportation of American seamen from the kingdom of Naples, during the year 1810, and the residue to be distributed amongst the claimants by the said government of the United States in such manner, and according to such rules as it may prescribe.
1040. The sum of two millions one hundred and fifteen thousand Neapolitan ducats agreed on in article the 1st, shall be paid in Naples, in nine equal instalments of two hundred and thirty-five thousand ducats and with interest thereon at the rate of four per centum per annum, to be calculated from the date of the interchange of the ratifications of this convention, until the whole sum shall be paid. The first instalment shall be payable twelve months after the exchange of the said ratifications, and the remaining
(1) Treaty of May, 1830, Art. 6. (2) Ibid. Art. 7.
(3) Ibid. Art. 8. (4) Ibid. Art. 9.
instalments, with the interest, successively, one year after another. The said payments shall be made in Naples, into the hands of such person as shall be duly authorized by the government of the United States to receive the
RELATIONS WITH CHILE.
Peace and amity declared, art. 1, Provision relative to vessels enter
treaty 16th of May, 1832, similar ing, remaining in, or departing
1044 Favours granted to other nations to Regulations for vessels of war visit. become common-exceptions 1041 ing others
1045 Freedom of residence and trade, Vessels to have sea letters and mani
and exemption from higher fests, when-treaty, art. 19, like charges than the most favoured
972 nation-coasting trade excepted 1042 Vessels under convoy to pass on Merchants and others free to man
word of commander-art. 20, of age their own business, article 4 treaty, like art. supra
973 of the treaty, similar to art. su- Prize courts to have sole jurisdicpra.
1043 tion of prizes, &c.-art. 21, of Detention of citizens and vessels treaty, similar to art. supra 974
forbidden, without indemnifica- Neither party to receive letter of tion-art. 5 of treaty, similar to marque from enemy of the other,
959 art. 22, of treaty, like art. supra 975 Asylum assured to vessels in dis- Privilege of merchants, &c. in case
tressmart. 6, of treaty, similar to of war-treaty, art. 23, like to
976 Captures by pirates to be restored, In case of war, debts, &c. not to be
art. 7, of treaty, similar to art. sequestered-treaty, art. 24, like
977 Protection in case of shipwreck- Privilege of ministers, &c.-treaty, art. 8, of treaty, like to art. supra 962
art. 25, like to art. supra
978 Succession to estates, art. 9, of trea- Consuls to be admitted-treaty, art. ty, similar to art, supra 963 26, 27, see supra
979 Protection reciprocally afforded to Consuls, &c. to be exempt from
residents-art. 10, of treaty, simi- public service and extra contrilar to art, supra
964 butions-treaty, art. 28, like to Security of conscience and right of
980 sepulture-art. 11, of treaty, like Provision for the arrest and surrenart. supra 965 der of deserters
1046 Free ships to make free goods Consular convention to be formed,
treaty, art. 12, like to art. 966 art. 30, of the treaty, like to art. Neutral property on board enemy's supra
982 vessel liable to condemnation 967 Duration of treaty-provision in Liberty of commerce not to extend case of its infringement. The trea
to contraband articles-contra. ty not to affect existing treaties 1047 band defined-treaty, art. 14, all Modification of art. 2d of the treaty other articles free, except to
1048 blockaded ports, art. 15, see su- Modification of art. 10 of said treaty 1049 pra art.
968 Slaves not comprehended by the Contraband articles not to condemn 29th article of said treaty
1050 those not contraband - reaty, art. 16, like to art. supra
Art. 1041. The United States of America and the republic of Chile, desiring to live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all, engage, mutually, not to grant any particular favour 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. It is understood, however, that the relations and convention which now exist, or may hereafter exist, between the republic of Chile and the republic of Bolivia, the federation of the Centre of America, the republic of Colombia, the United States of Mexico, the republic of Peru, or the United Provinces of the Rio de la Plata, shall form exceptions to this article.(1)
1042. This article, the third of the treaty with Chile, is similar to arti. cle 957, supra, except that it contains the following provision. " 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.”
1043. Article 13th of treaty with Chile, is similar to the 13th article of the treaty with Colombia, art. 967 supra, except that “ four months having elapsed after the declaration of war, the citizens shall not plead ignorance thereof."
1044. Article 17, of treaty with Chile, is similar to art. 17, of treaty with Colombia; (art. 970,) except that the former has the following addi. tional provision. “And if any vessel having entered the port, before the blockade took place, shall take on board a cargo after the blockade be established, she shall be subject to be warned by the blockading forces to return to the port blockaded, and discharge the said cargo; and if after receiving the said warning, the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as a vessel attempting to enter a blockaded port after being warned off by the blockading forces."
1045. In order to prevent all kinds of disorder in the visiting and exami. nation 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 making the visit, under the circumstances of the sea and wind, and the degree of suspicion attend. ing the vessel to be visited, and shall send its smallest boat 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 the said private armed vessels shall, before receiving their commissions, give suffi. cient security to answer for all damages they may commit. And it is ex pressly agreed, that the neutral party 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.(2)
1046. Article 29th of trenty with Chile, is similar to article 29th of treaty with Colombia; (art. 981,) except that the following provision is added to the former. “It is understood, however, if the deserter should be found to have committed any crime or offence, his surrender may be de. layed until the tribunal, before which the case may be depending, shall have pronounced its sentence, and such sentence shall have been carried into effect.
1047. The United States of America and the republic of Chile, desiring to make, as durable as circumstances will permit, the relations which are to be established between the two parties, by virtue of this treaty, or general
(1) Treaty 16th May 1832, art. 2.
(2) Ibid. art. 18.
convention of peace, amity, commerce, and navigation, have declared solemnly, and do agree to the following points :
1st. The present treaty shall remain in full force and virtue for the term of twelve years, to be reckoned from the day of the exchange 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 twelve years: and it is hereby 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 the parts relating to commerce and navigation, shall 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.
2d. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizen shall be held personally responsible for the same, and the harmony and good correspondence between the nations shall not be interrupted thereby ; each party engaging in no way to protect the offender, or sanction such violation.
3d. If, (which, indeed, cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated or infringed in any other way whatever, it is expressly stipulated that neither of the contracting parties will order or authorize any acts of reprisal, nor declare war against the other, on complaints of injuries or damages, until the said party, considering itself offended, shall first have presented to the other a statement of such injuries or damages, verified by competent proof, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed.
4th. Nothing in this treaty contained shall, however, be construed to operate contrary to the former and existing public treaties with other sove. reigns or states.(1)*
1048. It being stipulated by the second article of the aforesaid treaty, (see supra art. 1041,) that the relations and conventions which now exist, or may hereafter exist, between the republic of Chile and the republic of Bolivia, the federation of the Centre of America, the republic of Colombia, the United States of Mexico, the republic of Peru, or the United Provinces of the Rio de la Plata, are not included in the prohibition of granting particular favours to other nations which may not be made common to the one or the other of the contracting powers ;—and these exceptions being founded upon the intimate connexion and identity of feelings and interests of the new American states, which were members of the same political body under the Spanish dominion, it is mutually understood, that these exceptions will have all the latitude which is involved in their principle;—and that they will accordingly comprehend all the new nations within the ancient territory of Spanish America, whatever alterations may take place in their constitutions, names, or bound. aries, so as to include the present states of Uraguay and Paraguay, which were formerly parts of the ancient vice-royalty of Buenos Ayres, those of New Granada, Venezuela, and Equador in the republic of Colombia, and any other states which may in future be dismembered from those now existing (2)
1049. It being agreed by the tenth article of the aforesaid treaty, (see (1) Treaty 16th May, 1832, art. 31. (2) Convention 1st Sept. 1833, art. 1.
This treaty was ratified 29th of April, 1834, with the explanatory convention which follows.
supra 964,) that the citizens of the United States of America, personally or by their agents, shall have the right of being present at the decisions and sentences of the tribunals, in all cases which may concern them, and at the examination of witnesses and declarations that may be taken in their trials; —and as the strict enforcement of this article may be in opposition to the established forms of the present due administration of justice, it is mutually understood, that the republic of Chile is only bound by the aforesaid stipulation to maintain the most perfect equality in this respect between the American and Chilean citizens, the former to enjoy all the rights and benefits of the present or future provisions which the laws grant to the latter in their judicial tribunals, but no special favours or privileges.(1)
1050. It being agreed by the twenty-ninth article of the aforesaid treaty, (see art. 1046,) that, deserters from the public and private vessels of either party are to be restored thereto by the respective consuls—and whereas, it is declared by the article one hundred and thirty-two of the present constitution of Chile, thats there are no slaves in Chile;" and, that, “ slaves touch. ing the territory of the republic are free,”—it is likewise mutually understood, that the aforesaid stipulation shall not comprehend slaves serving un. der any denomination on board the public or private ships of the United States of America.(2)
RELATIONS WITH REPUBLIC OF VENEZUELA.
Peace and amity declared, Article 1 of treaty, like Article supra
955 Favours of commerce to be com
mon to both parties, Article 2, like Article supra
956 Mutual benefits of trade and resi. dence assured
1051 Equalization of duties on vessels and their cargoes
1052 Characteristics of Venezuelan vessels
1053 Importations and exportations to be on reciprocal footing
1054 Citizens of the respective parties
allowed to manage their own affairs, &c. Article 7, like to Article supra
958 Vessels not to be detained without
indemnification, Article 8, like to Article supra
959 Asylum afforded to citizens of re.
spective parties, Article 9, like to Article supra
960 Captures by pirates to be restored,
Article 10, like to Article supra 961 Assistance to be rendered in case of shipwreck, Article 11, like to Ar
Provision for the disposition of personal and real estate
1055 Protection to be afforded to persons
and property, Article 13, like to Article supra
964 Liberty of conscience and rites of sepulture assured
1056 The fag of each party to protect
property and persons under it-
966 Neutral property under enemy's flag
liable to capture-when, Article
967 Liberty of navigation to extend to
all merchandise not contraband
968 Proceedings when contraband arti.
cles are found on board vessels,
970 Visits to vessels at sea regulated,
Article 21, like to Article supra 971 Sea letters and manifests to be fur.
nished to vessels in case of war, Article 22, like to Article supra 972
(1) Convention 1st Sept. 1833, art. 2.
(2) Ibid. art. 3.
• The treaty with Venezuela was signed at Caracas, 20th January, 1836, and the ratifications exchanged at same place on 31st May, 1836.