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other public documents, that those men were part of said crews; and, on this demand, so proved, (saving, however, where the contrary is proved) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of said consuls, and may be put in the public prison at the request and expense of those who reclain them, to be sent to the ships to which they belonged, or to others of the same nation. But ir they be not gent back within two months, reckoning from the day of their arrest, they shall be set at liberty, and shall no more be arrested for the same cause. It is understood, however, that if the deserter should be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which the case niay be depending, shall have pronounced its sentence,and such sentence shall have been carried into effect.
ART xxx. For the purpose of more effectually protecting their commerce and navigatinn, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit them, to form a consular convention, which shall declare, specially, the powers and iinmunities of the consuls and vice consuls of the respective parties.
ART. XXXI. 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 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 lhe end of the said term of twelve years : and it is hereby agreed between thein, 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 i bereby; each party engaging in no way to protect the offender, or sanction such violation.
3d. II, (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, por declare war against the other, on complaints of injuries or damages, until the said party, considering itself offended, shall first have presented 10 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 former and existing public treaties with other sovereigns or states.
The present treaty of peace, amity, 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 President of the Republic of Chile, with the consent and approbation or the Congress of the sanie ; and the ratifications shall be exchanged in the City of Washington within nine months, to be reckoned from the date of the signature hereof, or sooner is practicable.
lo faith whereof, we, the underwritten plenipotentiaries of the United States of America, and of the Republic of Chile, have signed, by virtue of our powers, the present treaty of peace, amity, commerce, and navigation, and have hereunto affixed our seals, respectively.
Done and concluded, in triplicate, in the City of Santiago, this sixteenth day of the munth of May, in the year of our Lord Jesus Christ one thousand eight hundred and thirty-two; and in the fifty-sixth year of the Independence of the United States of America, and the twenty-third of that of the Republic of Chile.
JNO, HAMM, [L. s.]
ANDRES BELLO, IL. S.] An additional and explanatory convention to the treaty of Peace, Amily, Commerce and Navigation, concluded in the City of Santiago, on the 16th day of May, 1832, between the United Slales of America, and the Republic of Chile.
Whereas, the time stipulated in the treaty of amity, commerce, and navigation between the United States of America and the Republic of Chile, signed at the City of Santiago on the 16th day of May, 1832, for the exchange of ratifications in the City of Washington, has elapsed ;and it being the wish of both the contracting parties that the aforesaid treaty should be carried into effect with all the necessary solemnities, and that the necessary explanations should be mutually made to remove all subject of doubt in the sense of some of its articles, the undersigned plenipotentiaries, viz., John Hamm, a citizen of the United States of America, and their Chargé d'Affaires, on the part, and in the name of the United States of America,-and Senor Don Andres Bello, a citizen of Chile, on the part, and in the name of the Republic of Chile, having compared and exchanged their full powers, as expressed in the treaty itself, have agreed upon the following additional and explanatory articles.
Art. 1. It being stipulated by the second article of the aforesaid treary, that the relations and conventions which now exist, or may hereafter exist, between the Republic of Cliile 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 favors 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 VOL. XIII.
within the ancient territory of Spanish America, whatever alterations may take place in their constitutions, names, or boundaries, so as to include the present States of Uraguay and Paraguay, wbich 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.
ART. 11. It being agreed by the tenth article of the aforesaid treaty, that the citizens of the United States of America, personally or by their Jagents, 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 granı
to the latter in their judicial tribunals, but no special favors or privileges.
ART. 11. It being agreed by the twenty-ninth article of the aforesaid treaty that, deserters from the public and private vessels of either party are to be restored thereto by the respective consuls-mand whereas, it is declared by the article one hundred and thirty-two, of the present constitution of Chile that, “there are no slaves in Chile ;” and, that "slaves touching the territory of ihe Republic are free”-it is likewise mutually understood, that the aforesaid stipulation shall not comprehend slaves serving under any denomination, on board the public or privale ships of the United States of America.
ART. IV. It is further agreed, that the ratifications of the aforesaid treaty of peace, amity, commerce, and navigation, and of the present additional and explanatory convention, shall be exchangerl in the City of Washington within the term of eight months, to be counted from the date of the present convention,
This additional and explanatory convention, upon its being duly rati. fied by the President of the United States of America, by and with the
advice and consent of the Senate thereof, and by the President of the Republic of Chile, with the consent and approbation of the Congress of
the same, and the respective ratificatioos mutually exchanged, shall be added to, and make a part of, the treaty of peace, amity, commerce, and navigation, between the United States of America and the Republic of Chile, signed on the said 16th day of May, 1832, having the sanie force and effect as if it had been inserted word for word in the aforesaid treaty.
In faith whereof, we, the undersigned plenipotentiaries of the United States of America and the Republic of Chile, have signed by virtue of our powers, the aforesaid additional and explanatory convention, and have caused to be affixed our hands and seals, respectively.
Done in the City of Santiago this 1st day of September, 1833 ;-and in the 58th year of Independence of the United States of America, and the 24th of the Republic of Chile.
(L. 8.) ANDRES BELLO.
CONVENTION WITH SPAIN.
United States of America and Her Majesty the Queen Regent, in the
The Goveroment of the Uuited States of America, and her Majesty the Queen Regent, Governess of Spain during the minority of her august daughter, Her Catholic Majesty Donna Ysabel II, from a desire of adjusting by a definitive arrangement the claims preferred by each party against the other, and thus removing all grouarls of disagreement, as also of strengthening the ties of friendship and good understanding which happily subsist between the two nations, have appointed for this purpose, as their respective plenipotentiaries, namely: the President of the United States, Cornelius P. Van Ness, a citizen of the said States, and their Envoy Extraordinary and Minister Plenipotentiary near Her Catholic Majesty Donna Ysabel II ; and Her Majesty the Queen Regent, in the name and behalf of Her Catholic Majesty Donua Ysabel II, his Excellency Don Jose de Herdia, Knight Grand Cross of the Royal american Order of Ysabel the Catholic, one of Her Majesty's Supreme Council of Finance, ex-Envoy Extraordinary and Minister PlenipotenLiary, and President of the Royal Junta of Appeals of Credits against France; who, after having exchanged their respective full powers, have agreed upon the following articles :
ARTICLE I. Her Majesty the Queen Regent and Governess, in the name and in behalf of her Catholic Majesty Donna Ysabel II, engages to pay to the Un States, as the balance on account of the claims aforesaid, the sum of twelve millions of rials vellon, in one or several linscriptions, as preferred by the Government of the United States, of perpetual rents, on the great book of the consolidated debt of Spain, bearing an interest of five per cent. per annum. Said inscription or inscriptions shall be issued in conformity with the model or form annexed to this Convention, and shall be delivered in Madrid to such person or persons as may be authorized by the Government of the United States to receive them, within four months after the exchange of the ratifications. And said inscriptions, or the proceeds thereof, shall be distributed by the Government of the United States among the claimants entitled thereto, in such manner as it may deem just and equitable.
ART II. The interest of the aforesaid inscription or inscriptions shall be paid in Paris every six months, and the first half yearly payment is to be made six months after the exchange of the ratifications of this Convention.
ART. III. The high contracting parties, in virtue of the stipulation contained in article first, reciprocally renounce, release, and cancel all claims which either may have upon the other, of whatever claxe, denomination, or origio they may be; from the twenty-second of February,
one thousand eight hundred and nineteen, until the time of signing this Convention.
ART. IV. On the request of the Minister Plenipotentiary of Her Catholic Majesty at Washington, the Governdent of the United States will deliver to bim, in six monihs after the exchange of the ratifications of this Convention, # note or list of the claims of American citizens against the Goveroment of Spain, specifying their amounts respectively, and three years afterwards, or sooner if possible, authentic copies of all the documents upon which they may have been founded.
ART. V. This Convention shall be ratified, and the ratifications shall be exchanged, in Madrid, in six months from this time, or sooner if possible.
In witness whereof, the respective Plenipotentiaries have signed these articles, and a ffixed thereto their seals.
Dove in triplicate at Madrid, this seventeenth day of February, one thousand eight hundred and thirty-four.
C. P. VAN NESS, (L. s.)
The following is a translation of the form, or model, of the inscription :
Perpetual rent of Spain. Cupon of
Payable in Paris dollars of rent
• at the rate of 5 per cent. per annum, payable in Paris
inscribed in the great book of the consolidated debt. on the
of 183 Cupon No. 1. This Inscription is issued in pursuance of a con. vention concluded at Madrid on the
183 between H. C. M. the Queen of Spain,
francs, payable at
of by the bankers of Spain in that city, rating each dollar at 5 francs 40 centimes, in conformity with the royal decree of December 15th, 1825.
Agreeably to said royal decree an appropriation of
of this rent is made
The Director of the Royal Caisse d'Amortisation.
In witness whereof we the undersigned Plenipotentiaries of Her Catho-
JOSE DE HEREDIA, [Seal.]