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dise and effects, without exacting for it any duty, impost, or contribution whatever, until they may be exported, unless they be destined for consumption in the country.
Art. ix. The citizens of each of the contracting parties shall have power to dispose of their 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 per. sonal goods, whether by testament or ab intestalo, 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 inhabi tants of the country, wherein the said goods are, shall be subject to pay in likefcases: 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 any other charges ibao those which may be imposed by the laws of the country.
ART. 8. Both the contracting parties promise and engage for mally to give their special protection to the persons and property of the citizens of each other, of all occupations, who may be in the territories subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial recourse on the same terins which are usual and customary, with the vatives or citizens of the country in which they may be : for wbich 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 inay be exhibited in the said trials,
ART. XI. It is likewise agreed that the most perfect and entire security of conscience shall be enjoyed by the citizens of both the contracting parties in the countries subject to the jurisdiction of the one and the other, without their being liable to be disturbed or molested on 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 usual burying grounds, or in other decent or suitable places, and shall be protected from violation or disturbance.
ART. XII. It shall be lawful for the citizens of the United States of America and of the republic of Chile to sail with their ships, with all mauner of liberty and security, po distinction being made, who are the proprietors of the merchandise laden thereon, from any port to the places of those who now are or hereafter shall be at enmity with either of the contracting parties. It shall likewise be lawful for the citizers 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 the one power, or under several. And it is herehy stipulated, that free ships shall also give freedom to goods, and that everything shali be deemed 10 be free and exempl, which shall be
found on board the ships belonging to the citizens of either of the contracting parties, although the whole lading, or any part thereof, should apperthin to the enemies of either, contraband goods being always ex. cepted. It is also agieed, in like manver, that the same liberty be extemited to persons who are on board a free ship, witb this effect, that altho'gh they be enemies to both or either, they are not to be taken out of that free ship unless they are officers or soldiers, and in the actual service of the enemies: Provided, however, and it is hereby agreed, that the stipulations in this article contained, declaring that ihe flag shall cover the property, shali be understood as applying to those powers only who recognize the principle ; but if either of the two contracting parties should be at war with an ibirit, and the other veutral, the fag of the neutral shall cover the property of enemies whose governments acknowledge this principle, and not of others.
Art. xiii. It is likewise agreed, that in the case where the neutral flag of one of the contracting parties shall protect the property of the eneinies of the other, by virtue of the above stipulation, it shall always be understond that the neutral property found on board such enemy's ressels 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, ihat, four 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 ship, shall be free.
ART. xiv. This liberty of commerce and navigation shall extend to all kinds of merchandises, excepting those only which are distinguished 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, bonıbs. powder, matches, balls, and all other things belonging to the use of these arms.
2d. Bucklers, helmets, breast-plates, coats of mail, iosa ntry belts, and clothes made up in the form and for a military use.
3d. Cavalry belts, and borses with their furniture.
41b. 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.
ART. xv. All other merchandise and things not comprehended in the articles of contraband explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free and lawsul commerce, so that they may be carried and transported in the freest manner by both the contracting parties, even to places belonging to an enemy, excepting only those places whic: 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.
ART. XVI. 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 vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great, and of so large 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.
ART. XVII. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is besieged, blockaded, or invested, it is agreed, that every vessel so circumstanceil, 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, she shall again attempt to enter ; but she shall be permitted to go to any other 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 froin quitting such place with her cargo, nor is 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; and if any vessel having thus entered the port before the blockade took place, shall take on board a cargo after ihe 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 ves. sel 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.
ART. XVIII. In order to prevent all kinds of disorder in the visiting and examination 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 the wind, and the degree of suspicion attending 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 sufficient security to answer for all 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 her papers, or for any other purpose whatever.
ART. XIX To avoid all kiud of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to the citizens of the two contracting parties, they have agreed, and do agree, that, in case one of them shall be engaged in war, the ships and vessels belonging to the citizens of the other must be furnished with sea-letters or passports, expressing the name, property and bulk of the ship, as also the name and place of habitation of the master or commander of said vessel, in order that it may thereby appear, that the ship really and truly belongs to the citizens of one of the parties; they have likewise agreed thal, such ships, being laden, besides the sea-letters or passports, shall also be provided with certificates containing the several particulars of the cargo, and the place whence the ship sajled, 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 whepce the ship) sailed, in the accustomed form; without which requisites, said vessel may be detained, to be adjudged by the competent tribunal, and may be declared legal prize, unless the said desect shall be proved to be owing to
accident, and be satisfied or supplied by testimony entirely equivalent.
ART. xx. It is further agreed, that the stipulations above expressed, relarive to the visiting and examination of vessels, shall apply only to those which sail without convoy ; aud when said vessels shall be under couvoy; the verbal declaration of the commander of the convoy, on bis word of honor, that the vessels under his protection belongs to the nation whose flag he carries; and when they are bound to an enemy's port, that they have no contrabant goods on board, shall be sufficient.
ART. 881 It is further agreed that, in all cases the established courts for prize causes, in the country to which the prizes may be conducted, shall alone take coguizalice of them. And whenever such tribunal 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 sectence or decree, and
of all the proceedings in the case, shall, if demanded, be delivered to the commandant or agent of said vessel, without any delay, he paying the legal fees for the same.
ART XXII. Whenever one of the contracting parties shall be engaged in war with anoiner state, no citizen of the other contracting pariy 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 the pain of being treated as a pirate.
ART. xxili if, by any fatality which cannot be expected, and which God forbid, the two contracting parties should be engaged in a war with each other, they have agreed, and do agree, now for them, that there shall be allowed the term of six months to the inerchants 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 tor 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 or dominions of the United States of Ameri
ca, and of the republic of (hile shall be respected and maintained in the full enjoyment of their personal liberty and property, uuless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contra ting parties eugage to give them.
ART. XXIV. Neither the debts due from the individuals of the one nation, to the inividuals of the other, nor shares, nor money which they may have in public funds, nor 10 public or private bauk, shall ever, in any eveot of wat, or of national difference, be sequestratar or confiscated.
ART. XXV. Both the contracting Parties being desirous of avoiding all inequality in relation to their public communications, and official intercourse, have agreerl, and do agiee, to grant to their euvoys, ministers, and other public agents, the same favors, immunities, and exemptions which those of the most favored nation do, or shall enjoy ; it being un. derstood that whatever favors, immunities, or privileges the United States of America or the republic of Chile may find it proper to give to the ministers and public agents of any other power, shall, by the same act, be extended to those of each of the contracting parties.
ART. xxvi To make more effectual the protection which the United States of America and the republic of Chile shall afford in future to the navigation and commerce of ine citizens of each other, they agree to receive aud 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 an: vice consuls of the most favored nations; each contracting party, however, remaining at liberty to except those ports and places in which the admissir n and residence of such consuls may not seem convenient.
ART. 8xV11. In order that the consuls and vice consuls of the two contracting parties inay enjoy the rights, prerogatives, and immunities, which belong to them, by their public character, they shall, before entering on the exercise of their functions, exhibit their comniission or patent, in due form, to the Government to which they are accredited; and, having ob tained their exequator, they shall be held and considered as such, by all the authorities, magistrates, and inhabitants, in the consular district in which they reside.
ART. xxvill. It is likewise agreed, that the consuls, their secretaries, officers, and persons attached to the service of consuls, they not being citizens of the country in which the consul resides, shall be exempt from all public service ; and, also, from all kinds of taxes, imposts, aud contributions, except those which they shall be obliged tu pay on account of commerce, or their property, to which the citizens and inhabitants, na. tive and foreign, of the country in which they reside are subject, being in every thing besides subject to the laws of their respective States. The archives and papers of the consulate shạll be respected inviolably; and,
under no pretext whatever, shall any magistrate seize, or in any way interfere with them.
ART. XXIX. The said consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and cus tody of Jeserters from the public and private vessels of their country aud, 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 vessel or ship’s roll, or