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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, that neither of the contracting parties will order or authorize any act 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 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.

259-333-71-21

J. C. PICKETT
LUIS DE SAA

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[SEAL]

CLAIMS: SETTLEMENT OF CASES OF BRIG "JOSEPHINE" AND SCHOONER "RANGER"

Convention signed at Quito June 15, 1849

Ratified by Ecuador June 20, 1849

Entered into force June 20, 1849

5 Miller 581

The Undersigned Chargé d'Affaires of the United States and Marcos Espinel Plenipotentiary of Ecuador being duly authorized to enter into a convention for the payment of the debt which pertains to Ecuador in the indemnification claimed by the owners of the Brig Josephine and of the Schooner Ranger, after exchanging their full powers, have agreed to the following articles.

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ARTICLE 1 The Government of Ecuador obligates itself to pay to the order of the Charge d'Affaires of the United States, or to the order of any person or persons duly empowered by the Government of the United States, the sum of five thousand nine hundred and fifty five dollars Spanish, on account of all losses and damages which the owners of the Brig Josephine have claimed through the Legation of the United States, together with interest upon the said sum at the rate of six per cent per annum, to be calculated from the fifth day of May one thousand eight hundred and thirty until paid.

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ARTICLE 24 The Government of Ecuador also agrees to pay to the order of the Chargé d'Affaires of the United States, or to the order of any person or persons duly empowered by the Government of the United States, the sum of one thousand and ninety nine dollars Spanish, on account of the Schooner Ranger and part of her cargo which were confiscated in contravention of the treaty between the United States and Colombia,2 together with interest upon the said sum at the rate of six per cent per annum, to be calculated from the second day of August one thousand eight hundred and twenty five until paid.

1TS 52, ante, vol. 6, p. 855, COLOMBIA.

'The state of "Greater Colombia," which gained independence from Spain in 1819, included the present states of Colombia, Ecuador, Panama, and Venezuela. In 1830–31 it split up into Ecuador, Venezuela, and the republic of New Granada, and by 1863 New Granada had become the United States of Colombia.

ARTICLE 3 It is agreed by the contracting parties that the abovenamed sums, to be paid respectively on account of the Brig Josephine and of the Schooner Ranger, shall be paid in the following manner, Viz. the sum of two thousand dollars on the first day of July next, the same amount on the first day of October next, and the remainder in three equal annual instalments, to be counted from the twenty seventh day of April one thousand eight hundred and forty nine.

In faith whereof the respective plenipotentiaries have signed the above articles in the English and Spanish languages, and have thereto affixed their seals at the city of Quito, this fifteenth day of June, one thousand eight hundred and forty nine.

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CLAIMS: SETTLEMENT OF CASE

OF BRIG "MORRIS"

Convention signed at Quito February 9, 1850

Entered into force February 9, 1850

5 Miller 665 1

CONVENTION

The undersigned, John Trumbull Van Alen, Chargé d'affaires of the United States of America and Antonio Mata, Plenipotentiary on the part of the Republic of the Ecuador, being duly authorized to conclude a convention for the payment of the debt of the Ecuador, on account of the indemnification claimed by the proprietors of the North American Brig "Morris", which was captured and sold by the authorities of Colombia 2 in the years eighteen hundred and twenty five and eighteen hundred and twenty six, have agreed to conclude and seal this affair, in all its respects, under the following articles. ART. 1. The Government of the Ecuador obliges itself to pay, to the order of the Chargé d'affaires of the United States of North America, or to the order of any other person duly authorized by the Government of the United States, the sum of fourteen thousand and sixteen dollars and eighty two hundredths as follows: five thousand four hundred and eighty five dollars for the absolute indemnification of the principal of the losses and injuries which the persons interested in the North American Brig "Morris” have claimed of the Government of the Ecuador, through the Legation of their country, and eight thousand five hundred and thirty one dollars, and eighty two hundredths, for the current interest, at the rate of six per cent per annum from the twelfth of May, eighteen hundred and twenty five, the date of the capture, to the fifteenth of April, eighteen hundred and fifty one, the average time between the dates of payment, according to the conditions of the following article, it being stipulated that, in virtue of this Convention, the proprietors of the Brig "Morris" or persons interested shall have no right, hereafter, to prefer any new demand in relation to this subject.

1 For details of settlement, see 5 Miller 665.

The state of "Greater Colombia," which gained independence from Spain in 1819, included the present states of Colombia, Ecuador, Panama, and Venezuela. In 1830-31 it split up into Ecuador, Venezuela, and the republic of New Granada, and by 1863 New Granada had become the United States of Colombia.

ART. 2. The payment of the capital and interest above expressed shall be made in the following manner, one half of the whole sum on the first of February, and the other half on the first of July, eighteen hundred and fifty

one.

ART. 3. This convention shall be presented by the Executive of the Ecuador to the national Congress of this Republic, at its next session, in order that it may approve it and vote the sum necessary for carrying it into effect.

ART. 4. In case that conventions for payment have not been formed between the United States and the Republics of Venezuela and New Granada, relative to the case of the Brig "Morris", the Ecuador shall not be bound by this Convention.

In witness whereof, the undersigned have signed and sealed two copies of this convention, in the city of Quito, capital of the Republic of the Ecuador, on the ninth of February, eighteen hundred and fifty.

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