Slike strani
PDF
ePub

e, the vessels of the said States, may, also, be so imported in Russian vessels, without paying other or higher duties or charges, of whatever kind or denom nation, levied in the name, or to the profit of the government, the local authorities, or of any private establishments whatsoever, than if the same merchandise or articles of commerce had been imported in vessels of the United States of America.

ART. IV It is understood that the stipulations contained in the two prece ding articles, are, to their full extent, applicable to Russian vessels and their cargoes, arriving in the ports of the United States of America; and reciprocally, to vessels of the said States and their cargoes, arriving in the ports of the Empire of Russia, whether the said vessels clear directly from the ports of the country to which they respectively belong, o from the ports of any other foreign country.

ART. V. A kind of merchandise and articles of commerce, which may be lawfully exported from the ports of the United States of America in national vessels, may, also, be exported therefrom in Russian vessels without paying other or higher duties or charges, of whatever kind or denomination, levied in the name, or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if the same merchandise, or ar icles of commerce, had been exported in vessels of the United States of America And reciprocally, all kind of merchandise and articles of commerce, which may be lawfully exported from the ports of the Empire of Russia in national vessels, may also be exported therefrom in vessels of the United S ates of America, without paying other or higher duties or charges of whatever kind or denomination, levied in the name, or to the profit of the Government, the local authorities, or of any private establishments whatsoever than if the same merchandise or articles of commerce nad been exported in Russian-vessels.

ART. VI. No higher or other duties shall be imposed on the importation into the United States of any article, the produce or manufacture of Russia; and no higher or other duties shall be imposed on the importation into the Empire of Russia, of any article, the produce or manufacture of the United States, than are, or shall be, payable on the like article, heing the produce or manu facture of any other foreign country. Nor shall any prohibition be imposed on the importation or exportation of any article the produce or manufacture f the United States or of Russia, to, or from the ports of the United States, or to, or from the ports of the Russian Empire, which shall not equally extend to all other nations.

ART. VII. It is expressly understood that the preceding articles II, III, IV, V and VI, shall not be applicable to the coastwise navigation of either of the two countries, which each of the High Contracting Parties reserves exclusively to itself.

ART. VIII. The two Contracting Parties shall have the liberty of having in their respective ports, Consuls, Vice Consuls, Agents and Commissaries, of their own appointment, who shall enjoy the same privileges and powers, as those of the most favored nations; but if any such Consul shall exercise commerce, they shall be submitted to the same laws and usages to which the private individuals of their nation are submitted, in the same place.

The Consuls, Vice Consuls, and Commercial Agents, shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews, or of the captain, should disturb the order or tranquillity of the country, or the said Consuls, Vice Consuls, or Commercial Agents should require their assistance to cause their decisions to be carried into effect or supported. It is, however, understood, that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort on their return, to the judicial authority of their

country.

ART. IX The said Consuis, Vice Consuls, and Commercial Agents, are authorized to require the assistance of the local authorities, for the search, arrest, detention and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges and officers, and shait, in writing, demand said deserters, proving by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such individuals formed part of the crews; and this reciamation being thus substantiated, the surrender shall not be refused.

Such deserters, when arrested, shall be placed at the disposal of the said Consuls, Vice Cousuls, or Commercial Agents, and may be confined in the public prisons, at the request and cost of those who shail claim them, in order to be detained until the time when they shall be restored to the vessel to which they belonged, or sent back to their own country by a vessel of the same nation or any other vessel whatsoever. But if not sent back within four months, from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause.

However, if the deserter should be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which his case shall be depending, shall have pronounced its sentence, and such sentence shall have been carried into effect.

ART X. The crizens and subjects of each of the High Contracting Parties shall have power to dispose of their personal goods within the jurisdiction of the other, by testament, donation, or otherwise, and their representatives, being citizens or subjects of the other party, shall succeed to their said personal goods, whether by testament or ab intestalo, and may take possession thereof, either by themselves, or by others acting for them, and dispose of the same, at will, paying to the profit of the respective Governments, such dues only as the inhabitants of the country wherein the said goods are, shall be subject to pay in like cases. And in case of the absence of the representative, such care shall be taken of the said goods, as would be taken of the goods of a native of the same country in like case, until the lawful owners may take measures for receiving them And if a question should arise among several claimants as to which of them said goods belong, the same shall be decided, finally, by the laws and judges of the land wherein the sand goods are And where, on the death of any person holding real estate, within the territories of one of the High Contracting Parties, such real estate would, by the laws of the land, descend on a citizen or subject of the other party, who by reason of allenage may be incapable of holding it, he shall be a owed the time fixed by the laws of the country, and in case the laws of the country actually in force, may not have fixed any such time, he shall then be allowed a reasonable time to sell such real estate and to withdraw and export the proceeds without molestation, and without paying to the profit of the respective Government any other dues than those to which the mhabitants of the country wherein said real estate is situa ed, shall be subject to pay, in lik cases. But this article shall not derogate, in any manner, from the force of the laws already published, or which may hereafter be published by His Majesty the Emperor of all the Russias, to prevent the emigration of bis subjects.

ART. XI. If either party shall, hereafter, grant to any other nation, any particular favor in navigation or commerce, it shall, immediately, become common to the other party, freely, where it is freely granted to such other pation, or on yielding the same compensation, whe, the grant is conditional. ART. XII. The present treaty, of which the effect shall extend, in like mauner, to the Kingdom of Poland, so far as the same may be applicabie thereto, shall continue in force until the first day of January, in the year of our Lord one thousand eight hundred and thirty-nine; and if one year before that day, one of the High Contracting Parties, shall not have announced to the

other, by an official notification, its intention to arrest the operation thereof, ths treaty shall remain obligatory one year beyond that day, and so on, until the expiration of the year which shall commence after the date of a similar notification.

ART XIII. The present treaty shall be approved and ratified by the Presi dent of the United States of America, by and with the advice and cousent of the Senate of the said States, and by His Majesty the Emperor of all the Russias, and the ratifications shall be exchanged in the city of Washington within the space of one year, or sooner if possible.

In faith whereof, the respective Plenipotentiaries have signed the present treaty, in duplicate, and affixed there to the seals of their arms. Done at St. Petersburg the sixth. (+ighteenth) December, in the year of Grace one thousand eight hundred and thirty-two.

JAMES BUCHANAN. CHARLES, COMTE DE NESSELRODE.

SEPARATE ARTICLE.

Certain relations of proximity and anterior engagements, having rendere d it necessary for the Imperial Government to regulate the commercial relations of Russia with Prussia and the Kingdoms of Sweden and Norway by special stipulations, now actually in force, aud which may be renewed hereafter; which stipulations are, in no manner, connected with the existing regulations for foreign commerce in general; the two High Contracting Parties, wishing to remove from their commercial relations every kind of ambiguity or subject of discussion, have agreed, that the special stipulations granted to the commerce of Prussia, and of Sweden and Norway, in consideration of equivalent advantages granted in these countries, by the one to the commerce of the Kingdom of Poland, and by the other to that of the Grand Dutchy of Finland, shall not, in any case, be invoked in favor of the relations of commerce and navigation, sanctioned between the two High Contracting Parties by the present treaty.

The present separate article shall have the same force and value as if it were inserted, word for word, in the treaty signed this day, and shall be ratified at the same time.

In faith whereof, we, the undersigned, by virtue of our respective full powers, have signed the present separate article, and affixed there to the seals of our arms.

Done at St. Petersburg, the sixth, (eighteenth,) of December, in the year of Grace one thousand eight hundred and thirty-two.

JAMES BUCHANAN CHARLES, COMTE DE NESSELRODE·

TREATY WITH MEXICO.

Treaty of Amity, Commerce and Navigation between the United States of America, and the United Mexican States, concluded at Mexico April 5th 1831: and the respective ratifications of the same were exchanged at Washington, on the fifth day of April, one thousand eight hundred and thirty-two, by Edward Livingston, Secretary of State of the United States of America, and Jose Montoya, Charge d'Affaires of the United Mexican States, on the part of their respective Governments.

The United States of America and the United Mexican States desiring to establish upon a firm basis the relations of friendship that so happily subsist between the two Republics have determined to fix in a clear and positive manner the rules which shall in future be religiously observed between both, by means of a treaty of Amity, Commerce, and Navigation. For which important object, the President of the United States of America has appointed Anthony Butler, a citizen of the United States, and Charge d'Affaires of the United States of America near the United Mexican States, with full powers; and the Vice Presi

VOL. XII.

dent of the United Mexican States in the exercise of the Executive power, having conferred like full powers on his Excellency Lucas Alaman, Secretary of State for Home and Foreign Affairs, and his Excellency Raphael Magino, Secretary of the Treasury, and the aforesaid Plenipotentiaries after having compared, and exchanged in due form their several powers as aforesaid, have agreed upon the following articles:

Art. 1. There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between the United States of America and the United Mexican States in all the extent of their possessions and territories, and between their people and citizens respectively, without distinction of persons or places.

Art. II. The United States of America and the United Mexican States, designing to take for the basis of their agreement the most perfect equality and reciprocity, engage mu tually not to grant any particular favor to other nations in respect of commerce and navigation, which shall not in mediately become common to the other party; who shall enjoy the same freely, if the concession was freely made, or upon the same conditions, if the concession was conditional.

Art. III The citizens of the two countries respectively shall have liberty, freely and securely to come with their vessels and cargoes to all such places, ports, and rivers of the United States of America and of the United Mexican States, to which other foriegners are permitted to coine: to enter into the same, and to remain and reside in any part of the said territories respectively; also, to hire and occupy houses and warehouses for th purpose of their commerce, and to trade therein, in all sorts of produce, manufactures, and merchandise; and, generally, the merchants and traders of each nation shall enjoy the most complete protection and security for their commerce.

And they shall not pay higher or other duties, imposts, or fees whatsoever, than those which the most favored nations are or may be obliged to pay; and shall enjoy all the rights, privileges, and exemptions with respect to navigation and commerce, which the citizens of the most favored nation do or may enjoy: but subject always to the laws, usages. and statutes of the two countries respectively.

The liberty to enter and discharge the vessels of both nations of which this article treats, shall not be understood to authorize the coasting trade, which is permitted to National vessels only.

Art. IV. No higher or other duties shall be imposed on the importation into the United Mexican States of any article, the produce, growth, or manufacture of the United States of America, than those which the same or like articles, the produce, growth, or manufacture of any other foreign country do now or may hereafter pay; nor shall articles, the produce, growth, or manufacture of the United Mexican States, be subject on their introduction into the United States of America, to higher or other duties than those which the same or like articles of any other foreign country do now or may hereafter pay.

Higher duties shall not be imposed in the respective States on the exportation of any article to the States of the other contracting Party, than those which are now or may hereafter be paid on the exportation of the like articles to any other foreign country; nor shall any prohibition be established on the exportation or importation of any article, the produce, growth, or manufacture of the United States of America, or of the United Mexican States respectively, in either of them, which shall not in like manner be established with respect to other foreign countries.

Art. V. No higher or other duties or charges on account of tonnage, light or harbor dues, pilotage, salvage in case of damage or shipwreck, or any other local charges, shall be imposed in any of the ports of Mexico on vessels of the United States of America, than those payable in the same ports by Mexican vessels; nor in the ports of the United States of America, on Mexican vessels, than shall be payable in the same ports on vessels of the United States of America.

Art. VI. The same duties shall be paid on the importation into the United Mexican States, of any article, the growth, produce, or manufacture of the United States of America, whether such importation shall be in Mexican vessels or in vessels of the United States of America; and the same duties shall be paid on the importation into the United States of America, of any article, the growth, produce, or manufacture of Mexico, whether such importation shall be in vessels of the United States of America or in Mexican vessels. The same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation to Mexico of any articles, the growth, produce, or manufacture of the United States of America, whether such exportation shall be in Mexican vessels or in vesseis of the United States of America; and the same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any articles, the growth, produce, or manufacture of Mexico, to the United States of America, whether such exportation shall be in vessels of the United States of America or Mexican vessels.

Art. VII. All merchants, captains, or command rs of vessels, and other citizens of the United States of America, shall have full liberty in the United Mexican States to direct or manage themselves, their own affairs, or to commit them to the management of whomsoever they may think proper, either as broker, factor, agent, or interpreter; nor aball they be obliged to employ for the aforesaid purposes any other persons than those employed by Mexicans, nor to pay them higher salaries or remuneration than such as are in like cases paid by Mexicans; and absolute freedom shall be allowed in all cases to the buyer and seller to bargain and fix the prices of any goods, wares, or merchandise import.

ed into, or exported from, the United Mexican States, as they inay think proper; observing the laws usages, and customs of the country. The citizens of Mexico shall enjoy the same privileges in the States and Territories of the United States of America, being subject to the same conditions.

Art. VIII. The citizens of neither of the contracting parties shall be liable to any embargo, nor shall their vessels, cargoes, merchandise, or effects, be detained for any military expedition, nor for any public or private purpose whatsoever, without a corresponding compensation.

Art. IX. The citizens of both countries, respectively, shall be exempt from compulsory service in the army or navy; nor shall they be subjected to any other charges, or contributions, or taxes, than such as are paid by the citizens of the States in which they reside.

Art. X. Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports, or dominions of the other with their vessels, whether Merchant or of war, public or private, through stress of weather, pursuit or enemies, they shall be received and treated with humanity, with the precau ions which may be deemed expedient on the part of the respective Governments in order to avoid fraud, giving to them all favor and protection for repairing their vessels, procuring provisions, and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind.

Art. XI. All vessels, merchandise, or effects, belonging to the citizens of one of the contracting parties, which may be captured by pirates, whether within the limits of its jurisdiction, or on the high seas, and may be carried into or found in the rivers, bays, ports, or domiaions of the other, shall be delivered up to the owners, they proving, in due and proper form, their rights before the competent tribunal; it being well understood that the claim shall be made within one year, counting from the capture of said vessels or merchandise, by the parties themselves, or their attorney's, or by the agents of the respective Governments.

Art. XII. When any vessel belonging to the citizens of either of the contracting par ties, shail be wrecked, foundered, or shall suffer any damage on the coasts or within the dominions of the other, there shall be given to it all the assistance and protection in the same manner which is usual and customary with the vessels of the nation where the damage happens; permitting them to unload the said vessel, if necessa y, of its merchandise effects, with the precautions which may be deemed expedient on the part of the res pective Governments, in order to avoid fraud, without exacting for it any duty, impost, or contribution whatever, until they be exported.

Art. XIII. In whatever relates to the succession of personal] estates, either by will or ab intestato [and the right of J disposal of such property, of whatever sort or denomination it may be, by saie, donation, exchange, or testament, or in any other manner whatsoever the citizens of the two contracting parties shail enjoy, in their respective States and Territories, the same privileges, exemptions, liberties, and rights, as native citizens; and shall not be charged, in any of these respects, with other or higher duties or imposts, than thos which are now, or may hereafter be paid by the citizens of the Power in whose territories they may reside.

Art. XIV. Both the contracting parties promise and engage to give their special protection to the persons and property of the citizens of each other, of all occupations, who may be in their territories, subject to the jurisdiction of the one or of the other, transient for 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 natives or citizens of the country in which they may employ in defence of their rights, such advocates, solicitors, notaries, agents, and factors, as they may judg proper, in all their trials at law; and citizens of either party, or their agents, shall enjoy, in every respect, the same rights and privileges, either in prosecuting or defending their rights of person or of property, as the citizens of the country where the cause may be tried.

Art. XV. The citizens of the United States of America, residing in the United Mexican States, shail enjoy in their houses, persons, and properties, the protection of the Government, with the most perfect security and liberty of conscience: they shall not be disturbed or molested, in any manner, on account of their religion, so long as they respect the Constitution, the laws, and established usages of the country where they reside; and they shall also enjoy the privileve of buying the dead in places which now are, or may hereaf ter be assigned for that purpose; nor shall the funerals or sepulchres of the dead be disturbed in any manner, nor under any pretext.

The citizens of the United Mexican States shall enjoy, throughout all the States and Ter ritories of the United States of America, the same protection; and shall be allowed the free exercise of their religion, in public or in private, either within their own houses, or in the chapels or places of worship set apart for that purpose.

Art. XVI. It shall be lawful for the citizens of the United States of America, and of the United Mexican States respectively, to sail with their vesseis with all manner of security and lib rty, no distinction being made who are the owners of the merchandise aden thereon. from any port to the places.of those who now are, or may hereafter be at enmity with the United States of America or with the United Mexican States. It shall likewise be lawful for the aforesaid citizens respectively to sail with their vessels and merchandise, before mend

« PrejšnjaNaprej »