property, and effects, the citizens of the Contracting Parties shall be subject to the local laws and ordinances, and shall also enjoy the same rights and privileges as the inhabitants of the country in which they reside.

VII. Those ships shall be reciprocally considered as Guatemalan or Hanseatic which are recognized as such in the countries to which they respectively belong, according to existing laws and regulations, or those which may be promulgated in future; it is to be understood, however, that every ship must be provided with a sea-letter or passport issued by the proper authority.

VIII. The ships of Guatemala which arrive in the ports of the Hanseatic Republics, and reciprocally the Hanseatic ships which arrive in ports of the Republic of Guatemala, shall, in regard to the levy of tonnage, anchorage, pilot, lighthouse, or any other port or municipal dues, or emoluments to public officials, and also in respect of salvage dues in case of shipwreck or damage, be treated. and considered at their entrance, during their stay, and at their departure, as national ships coming from the same place.

And for the purposes of this Article, as well as for the others included in the present Treaty, it is declared: that the ports of the Republic of Guatemala are at present understood to be, that of St. Thomas as a depôt now, that of Yzabal as chief port and for registration, and that of Teleman as lower port and for coasting, on the northern coasts, and on the southern, that of Yztapa as chief port and for registration, as well as any other that may be hereafter appointed.

IX. All merchandize and marketable goods, without distinction as to their origin, the importation whereof is allowed into the ports of the Republic of Guatemala in Guatemalan ships coming from any foreign country, may likewise be imported in Hanseatic ships without paying other or heavier dues, of whatever kind or denomination, than those which the same merchandize and marketable goods do or shall pay when imported in Guatemalan ships; and reciprocally, all merchandize and marketable goods, without distinction as to their origin, the importation whereof is allowed into the ports of the Hanseatic Republics in Hanseatic ships coming from any foreign country, may likewise be imported in Guatemalan ships without paying other or heavier dues, of whatever kind or denomination, than those which the same merchandize and marketable goods do or shall pay when imported in Hanseatic ships.

What is stipulated in this Article does not contravene or annul the laws in force in any of the Contracting Republics in regard to the coasting trade, for the traffic in foreign goods despatched for consumption, and the transport of native produce from port to port; but it is also agreed that the citizens of the Contracting Parties shall [1850-51.]

4 S

enjoy in this particular all the rights that are or shall be granted to the most favoured nation.

X. All merchandize and marketable goods, the exportation or re-exportation whereof is allowed from the ports of the Republic of Guatemala in Guatemalan ships, may likewise be exported or re-exported in Hanseatic ships, without paying other or higher dues of whatever kind or denomination, than those which the same merchandize and marketable goods do or shall pay when exported or re-exported in Guatemalan ships; and reciprocally, all merchandize and marketable goods, the exportation or re-exportation whereof is allowed from the ports of the Hanseatic Republics in Hanseatic ships, may likewise be exported or re-exported in Guatemalan ships, without paying other or higher dues, of whatever kind or denomination, than those which the same merchandize and marketable goods do or shall pay when exported or re-exported in Hanseatic ships. And the same premiums, discounts from dues, or allowances, shall be granted, whether the exportation or re-exportation from one country or the other take place in Guatemalan or Hanseatic ships.

XI. Neither in the territories of the Republic of Guatemala, nor in those of the Hanseatic Republics, shall there be paid higher or other dues of whatever kind or denomination, on the importation or on the re-exportation of any article whatever of the natural or manufactured produce of either country, than those which are or shall be paid upon the like articles of the natural or manufactured produce of any other nation. It is moreover stipulated that for the purposes of this Article, the produce which comes from the States of Salvador, Honduras, Nicaragua, and Costa Rica, in Central America, and is exported from Guatemalan ports, shall be considered and reputed as the natural and manufactured produce of Guatemala; and that the produce of the States of the German Confederation which is exported from the Hanseatic ports shall be considered as natural and manufactured produce of the Hanse Towns; it being, nevertheless, well understood, that in such cases the concession shall only be in favour of the importations or re-exportations of such produce that take place in Guatemalan or Hanseatic ships respectively.

XII. Neither in the Republic of Guatemala nor in the Hanseatic Republics, shall there be paid other or heavier dues, of whatever kind or denomination on the exportation which takes place from one of them for the other, than those which are or shall be paid on the exportation of these articles for any foreign country; nor shall the importation, exportation, or re-exportation of any article of the natural or manufactured produce of the respective countries, be prohibited unless that prohibition be extended to the trade with all nations.

XIII. The Republic of Guatemala and the Hanseatic Republics

1363

mutually bind themselves not to grant special favours to other nations, in regard to trade and navigation, which shall not immediately become common to the other party; the enjoyment whereof shall be free, if the concession have been made freely, or conditionally, if the concession shall have been made conditional.

XIV. Whenever the citizens of either of the Contracting Parties shall find themselves under the necessity of seeking refuge or asylum in the rivers, bays, ports, or dominions of the other, with their ships, on account of stress of weather, persecution of pirates, or enemies, they shall be received and treated with humanity, granting them all favour and protection for repairing damages, obtaining provisions, and putting themselves in a situation to continue their voyage, without obstacle or impediment of any sort.

Liberty shall be granted in all the territories and dominions of either of the 2 parties to the ships of the other, the crews whereof have been lessened by sickness or any other cause, to enlist the sailors necessary for continuing their voyage, provided that the local ordinances be observed, and that the enlistment be voluntary.

XV. When any ship belonging to the citizens of either of the Contracting Parties suffers shipwreck, runs aground, or incurs any damage on the coasts, or within the dominions of the other, all aid and protection shall be given to it, according to the usage and custom of the nation where the damage occurs in regard to its own ships; allowing them to unload, if it be necessary, without levying therefor any duty, impost, or contribution, unless the merchandize or goods unloaded be intended for consumption.

XVI. All ships, merchandize, and goods belonging to citizens of one of the Contracting Parties, which may be taken by pirates, whether within the limits of its jurisdiction or on the high seas, and may be found in the rivers, roads, bays, ports, or dominions of the other, shall be delivered to their owners, they proving their rights in due and proper form before the proper tribunals; it being well understood that the claim is to be made within the space of 1 year, by the parties themselves, their attorneys, or the agents of the respective Governments.

XVII. In case one of the 2 Contracting Parties should be at war, while the other remains neutral, it is agreed that whatever the belligerent party may have stipulated or shall stipulate in favour of the neutral flag with other powers, shall also serve as the rule between the Republic of Guatemala and the Hanseatic Republics. And in order to avoid any doubt in regard to what is to be considered as contraband of war, it is agreed (saving the general principle expressed above), to restrict the definition thereof to the following articles:

1. Cannon, mortars, howitzers, patereros, blunderbusses, muskets,

firelocks, rifles, carbines, pistols, pikes, swords, sabres, lances, spears. halberds, and grenades, shells, gunpowder, matches, balls, and all other things necessary for the use of these arms.

2. Shields, helmets, cuirasses, coats of mail, trappings, and garments made in military fashion and for military use.

3. Belts and horses, together with their arms and harness.

4. And finally all kinds of arms and instruments of iron, steel, bronze, copper, and any other materials, manufactured, prepared, and intended expressly for carrying on war by sea or by land.

XVIII. In case any merchant ship of one of the Contracting Parties be visited by a ship of war of the other, it is agreed that this visit shall only be made by a boat, manned with the hands necessary to conduct it, while the visiting ship remains out of cannon shot. The examination of the papers must absolutely take place on board the visited ship, from which they shall not be removed, nor shall the captain or officers be required to go on board the examining ship on any pretence.

The commanders of armed ships shall be responsible in person and goods for the infraction of these regulations, and for any irregular and unjust conduct.

XIX. To prevent all doubt and abuse in the examination of the papers relative to the ownership of the vessels belonging to the citizens of the Contracting Parties, and the nature of their cargoes, it is agreed, that in case one of them should be at war, the sea-letters or passports which ships are to be provided with according to Article VII of this Treaty, must set forth the name, ownership, and burthen of the vessel, as well as the name and place of abode of the master or commander; and moreover they are to be furnished with certificates containing the details of the cargo, and the place from whence they sailed, which certificates shall be given by the officers of the place from whence they came, in the usual form. The neutral ship shall not be detained for want of the said requisites, or any other respecting the ownership or the nature of its cargo, unless the declaration of war was known before its departure at the place from whence it sailed.

XX. It is further agreed, that the courts established for prize cases in the country to which the prizes are taken, shall alone take cognizance of them.

And whenever the said courts of either of the parties, pass sentence against any vessel, or goods, or property claimed by the citizens of the other, the sentence or decree shall mention the reasons or grounds upon which it is founded, and there shall be delivered, without any delay, to the commander or agent of the said vessel, if it be asked for, an authentic copy of the sentence or decree, or of the whole proceedings, on payment of the lawful fees.

XXI. For the greater security of the citizens of the Contracting Republics, it is agreed that if at any time there should unfortunately happen any interruption of commercial and friendly relations, or any breach between them, the citizens of either of the 2 Contracting Parties residing in the dominions of the other shall have the right to remain and continue in the exercise of their calling, without any kind of interruption, so long as they conduct themselves peaceably, and do not transgress the laws; and their goods and property, whether entrusted to private persons or to the State, shall not be subject to seizure or sequestration, nor to any other liabilities than those which may be imposed on the like goods and property belonging to citizens of the country where they reside.

XXII. The diplomatic agents of both parties shall enjoy the same favours, immunities, exemptions, and privileges as those which are or may be granted by each of the Contracting Republics to the diplomatic agents of the most favoured nation.

XXIII. The Contracting Parties shall be at liberty to appoint consuls and vice-consuls in the ports and places of the respective territories open to foreign trade, wherein those of any other nation are or shall be admitted, and they shall enjoy the same rights, privileges, and immunities as those which are or shall be granted to the consuls and vice-consuls of the most favoured nation. The archives and papers of the consulates shall be considered inviolable, and under no pretext shall any magistrate seize them, or interfere with them in any way. In order that the consuls and vice-consuls of the 2 Contracting Parties may enjoy the rights, privileges, and immunities which belong to them in their public character, they shall, before entering upon the exercise of their functions, present their commission and patent in due form to the Government to which they are accredited, and when they have obtained the exequatur, they shall be held and considered as such by the authorities, magistrates, and inhabitants of the consular district in which they reside.

XXIV. The said consuls shall have a right to claim the aid of the local authorities for the arrest, detention, and custody of deserters from the ships of their country; and for this purpose they shall apply to the proper authorities, and claim the said deserters in writing, proving by the exhibition of the ship's registers, the musterrolls, and other public documents, that those men formed part of the said crews, and upon the demand thus supported, the delivery of them shall not be refused. Such deserters, as soon as they are arrested, shall be placed at the disposal of the said consuls, and may be put in the public prisons, under the care and at the cost of those who desire it, in order to be sent to the ships to which they belong, or to others of the same nation.