During a visit at sea, armed to remain out of can ARTICLE XXI. In order to prevent all kinds of disorder, in the visiting and examin ation of the ships and cargoes of both the contracting parVessels ties, on the high seas, they have agreed, mutually, that, non-shot, how exam- whenever a vessel of war, public or private, shall meet with ination to be made. a neutral of the other contracting party, the first shall remain out of cannon-shot, and may send its boats with two or three men only, 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 vessel shall, before receiving their commissions, give sufficient security to answer for all the 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 his papers, or for any other purpose whatever. war, In case of sen-letters, certificates of cargo, &c., furnished, to be showing to whom ARTICLE XXII. To avoid all kind 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 should be the property belongs. engaged in war, the ships and vessels belonging to the citi zens of the other must be furnished with sea-letters or passports, expressing the name, property, and bulk of the ships; as also the name and place of habitation of the master and commander of said vessel, in order that it may thereby appear that said ship truly belongs to the citizens of one of the parties. They have likewise agreed, that such ships being laden, besides the said sea-letters or passports, shall also be provided with certificates containing the several particulars of the cargo, and the place whence the ship sailed, 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 whence the ship sailed, in the accustomed form; without such requisites said vessels may be detained, to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be proved to be owing to accident, and satisfied or supplied by testimony entirely equiv alent. Visiting regulations without convoy. ARTICLE XXIII. It is further agreed that the stipulations above expressed, relative to the visiting and examination of vessels, shall apply only to apply only to vessis those which sail without convoy; and when said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag he carries, and when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient. ARTICLE XXIV. It is further agreed that, in all cases, the established courts for prize causes, in the country to which the prizes may be the estab- conducted, shall alone take cognizance of them; and whenlished courts only. ever such tribunals, of either party, shall pronounce judg Prize causes to be tried in Decree of con furth the reasons ment 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 demnation to set founded, and an authenticated copy of the sentence or de- thereof. cree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of said vessel, without any delay, he paying the legal fees for the same. ARTICLE XXV. Citizens of neither party to engage in the service of an Whenever one of the contracting parties shall be engaged in war with another state, no citizen of the other contracting party shall accept a commission or letter of marque, for the purpose of assisting or co-operating hostilely with the said enemy of the other enemy, against the said party so at war, under the pain of being considered as a pirate. ARTICLE XXVI. In case of war, allowed merchants time to arrange their port their effects, &c. 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 then, that there shall be allowed the term of six months to the merchants 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 for it, which may serve as a sufficient protection, until they arrive at the designated port. The citizens of all other occupations, who may be estab- Citizens of other lished in the territories or dominions of the United States and occupations the Republic of Ecuador, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. ARTICLE XXVII. protected. to be No confiscations in case of war. Neither the debts due from individuals of the one nation to the individuals of the other, nor shares, nor moneys, which they may have in public funds, nor in public nor private banks, shall ever, in any event of war, or of national difference, be sequestered or confiscated. ARTICLE XXVIII. inequality Ministers and other public agents to en joy the same favors as those of the most favored nation. Both the contracting parties, being desirous of avoiding all in relation to their public communications and official intercourse, have agreed, and do agree, to grant to the envoys, ministers, and other public agents, the same favors, immunities, and exemptions which those of the most favored nation do or shall enjoy; it being understood, that whatever favors, immunities, or privileges, the United States of America or the Republic of Ecuador may find it proper to give to the ministers and other public agents of any other power, shall, by the same act, be extended to those of each of the contracting parties. Consuls and ViceConsuls admitted into ports open to foreign commerce. ARTICLE XXIX. To make more effectual the protection which the United States and the Republic of Ecuador shall afford in future, to the navigation and commerce of the citizens of each other, they agree to receive and 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 and Vice-Consuls of the most favored nation; each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls and Vice-Consuls may not seem convenient. their commissions and obtain exequa ARTICLE XXX. In order that the Consuls and Vice-Consuls of the two contracting Consuls to exhibit parties may enjoy the rights, prerogatives, and immunities which belong to them by their public character, they shall, turs before they shall before entering on the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited; and, having obtained their exequatur, they shall be held and considered as such, by all the authorities, magistrates and inhabitants in the consular district in which they reside. be considered as such. Consuls, &c., exempt from taxes. ARTICLE XXXI. It is likewise agreed that the Consuls, their secretaries, officers, and persons attached to the service of Consuls, they not being certain citizens of the country in which the Consul resides, shall be exempted from all kinds of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens and inhabitants, native and foreign, of the country in which they reside, are subject; being in everything besides subject to the laws of the respective states. The archives and papers of the consulates shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. Their archives and papers inviolable. Consuls may re quire the assistance of the authorities in Mode of proceeding. ARTICLE XXXII. The said Consuls shall have power to require the assistance of the authorities of the country, for the arrest, detention, and custody of deserters from the public and private vessels of securing dese rters. their country; and 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 register of the vessel's or ship's roll, or other public documents, that those men were part of the 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 prisons be disposed of. at the request and expense of those who reclaim them, to be sent to the ships to which they belonged, or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. Deserte rs, how to ARTICLE XXXIII. A consular conven For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit them, to form a tion to be formed. consular convention, which shall declare especially the powers and immunities of the Consuls and Vice-Consuls of the respective parties. ARTICLE XXXIV. most favored na It is further agreed, that the words, "most favored nation," that occur in this treaty, shall not be so construed as to prevent either Construction to be of the contracting parties from concluding any treaty or put upon the worda convention with any other nation or State it may think tion." proper, as freely and as fully as though said words were not used: Provided, however, That notwithstanding any such treaty or convention, the citizens of the United States shall be placed Proviso. in Ecuador, with respect to navigation and commerce, upon an equal footing with the subjects of Spain and with the citizens of Mexico and of the other Hispano-American States, with which treaties have been or may be concluded; and that the citizens of Ecuador shall be entitled to enjoy, in the United States, the same rights and privileges, with respect to navigation and commerce, that the citizens of the United States enjoy, or shall enjoy, in Ecuador. ARTICLE XXXV. Points agreed upon as to the duration of this treaty. Duration of treaty The United States of America and the Republic of Ecuador, 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 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 counted from the day of 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 its parts relative to commerce and navigation, shall altogether cease and determine, and in all those parts which relate to peace and friendship, it shall be perpetually and permanently binding on both powers. 2nd. 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 harmony and good correspondence between the two nations shall not be interrupted thereby, each party engaging in no way to protect the offender, or sanction such violation. 3rd. If, (what indeed cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated or infringed in any way whatever, it is expressly stipulated authorized, nor war that neither of the contracting parties will order or authorize tice has been de any act of reprisal, nor declare war against the other on or unreasonably decomplaints of injuries or damages, until the said party considering itself offended shall first have presented to the other a state Reprisals not to be declared, until jusmanded and refused, layed. ment of such injuries or damages, verified by competent proofs, and demanded justice, and the same shall have been either refused or unreasonably delayed. 4th. Nothing in this treaty shall, however, be construed or operate contrary to former and existing public treaties with other sovereigns and 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 Ecuador, with the consent and approbation of the Congress of the same; and the ratifications shall be exchanged in the city of Quito, within three years, to be counted from the date of the signature hereof, or sooner if possible. In faith whereof, we, the Plenipotentiaries of the United States of America and of the Republic of Ecuador, have signed and sealed these presents. Done in the city of Quito on the thirteenth day of June, in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-third year of the Independence of the United States of America and the twenty-ninth of that of the Republic of Ecuador. J. C. PICKETT. [SEAL.] ECUADOR, 1862. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF ECUADOR, FOR THE ADJUSTMENT OF CLAIMS. CONCLUDED AT GUAYAQUIL, NOVEMBER 25, 1862; RATIFICATIONS EXCHANGED AT QUITO, JULY 27, 1864; PROCLAIMED SEPTEMBER 8, 1864. Contracting parties. The United States of America and the Republic of Ecuador, desiring to adjust the claims of citizens of said States against Ecuador, and of citizens of Ecuador against the United States, have, for that purpose, appointed and conferred full powers, respectively, to wit: The President of the United States on Frederick Hassaurek, Minister Resident of the United States in Ecuador, and the President of Ecuador on Juan José Flores, General-in-Chief of the Armies of the Republic; Who, after exchanging their full powers, which were found in good and proper form, have agreed on the following articles: Claims between ties to be referred to commissione, s. ARTICLE I. All claims on the part of corporations, companies, or individuals, citizens of the United States, upon the Government of Ecuador, or of corporations, companies, or individuals, citizens of Ecuador, upon the Government of the United States, shall be referred to a Board of Commissioners, consisting of two members, one of whom shall be appointed by the Government of the United States, and one by the Government of Ecuador. In case of death, absence, resignation, or incapacity of either commissioner, or in the event of either commissioner omitting or ceasing to act, the Government of the United States or that of Ecuador, respectively, or the Apppointment. Vacancy. Minister of the United States in Ecuador, in the name of his |