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tioned, and to trade with the
same liberty and security from the places, ports, and havens of those who are enemies of both or ether 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 same Government or under several ; and it is hereby stipulated that free ships shall also give treedom to goods; and that every thing shall be deemed free and exempt which shall be found on board the vesse is belonging to the citizens of either of the contracting parties, although the whole lading or any port thereof should appertain to the enemies of either, contraband goods being always excepted. It is also
agreed that the same liberty be extended to persons who are on board a free vessel, so that, although they be enemies to either party shall not be made prisoners, or taken out of that free vessel, unless they are soldiers, and in the actual service of the enemy. By the stipulation that the flag shall cover the property, the two contracting parties agree that this be so understood with respect to those powers who recognise this principle; but if either of the two contracting parties shall be at war with a third party, and the other neutral, the flag
of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not of others.
Art. XVII. It is likewise agreed that in the case where the neutral flag of one of the concracting parties shall protect the property
of the enemies of the other, by virtue of the above stipulation, it shall always be understood that the neutral property found on board such enemies' vessels shall be held and considered as enemies' 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 that 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 merchandises embarked in such enemy's vessel shall be free.
Art. XVIII. This liberty of commerce and navigation shall extend to all kinds of merchandise, excepting those only which are distinguished by the name of contraband; and under this name of contraband or prohibited goods, shall be comprehended, first, cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes,
swords, sabres, lances, spears, halberts, hand granades, bombs, powder, matches, balls, and all other things belonging to the use of these arms: secondly, bucklers, helmets, breast-plates, coats of mail, infantry belts, and clothes made up in a military form, and for a military use; thirdly, cavalry belts and horses with their furniture; fourthly, 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. XIX. All other merchandise and things not comprehended in the articles of contraband expressly enumerated and classified as above, shail be held and considered as free
and subjects of free and lawful 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 which are at that time besieged or blockad d; and to avoid all doubt in that particular, it is declared that those places only are besieged or blockaded, which are actually besieged or blockaded by a belligerent force capable of preventing the entry of the neutral,
Art. xx. The articles of contraband before enumerated and classified, which may be found in a vessel bound for the enemy's port, shall be subject to detention and confiscation, leaving free the rest of the cargo and the vessel, that the owners may dispose of them as they see proper. No vessels 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 vessel 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. XXI. 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 situated 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, un
less, after warning of such blockade or investment from the commanding officer of the blockading force, she should again attempt to enter the aforesaid port; but she shall be per
mitted to go to any other port or place she may think proper. Nor shall any vessel of either of the contracting parties, that may have entered into such port before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo; nor if found therein after the surrender, shall such vessel or her cargo be liable to confiscation, but she shall be restored to the owner thereof.
Art. XXII. In order to prevent all kinds of disorder in the visiting and examination of (he vessels and cargoes of both the contracting parties on the high seas, they have agreed, mutually, that, whenever a vessel of war, public or private, should meet with a neutral vessel of the other contracting party, the first shall remain out of cannon shot, and may send his boat, with two or three men only, in order to execute the said examination of the Ipapers concerning the ownership and cargo of the vessel, without causing the least ex
tortion, violence, or ill treatment, for which the commanders of the said armed vessels shall be responsible with their persons and property; and for this purpose the commanders of said private arned vessels 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 do case, be required to go on board the examining vessel for the purpose of rahibiting his papers, or for any other purpose whatsoever.
Art. XXIII. To avoid all kinds of vexation and abuse in the examination of papers relating to the ownership of vessels belonging to the citizens of the two contracting parties, they have agreed, and do agree that in case one of them should be engaged in war, the vessels belonging to the citizens of the other must be furnished with sea letters or passports, expressing the name, property, and bulk of the vessel, and also the name and place of habitation of the master or commander of said vessel, in order that it may thereby appear that the said vessel really and tru'y belongs to the citizens of one of the contracting parties; they bave likewise agreed that such vessels being laden, besides the said sea-letters or passports, shallalso be provided with certificates, containing the several particulars of the cargo, and the place whence the vessel sailed, so that it may be known whether any forbidden or contraband goods be on buard the same; which certificate shall be made out by the officers of the place whencr the vessel sailed, in the accustoined form: without which iequisites, the said vessel may be detained to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be satisfied or supplied by testimony entirely equivalent to ihe satisfaction of the competent tribunal.
Art. XXIV. It is further agreed, that the stipulations above expressed, relative to visiting the examination of vessels, shall apply only to those which sail without convoy; and
when said vessels are under convoy, the verbal declaration of the commander of the convoy, or his word of honor that the vessels under his protection belong to the nation whose flag be carries, and when theç are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient.
Art. XXV. 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 cognizance of them. And whenever such tribunalot either party shall pronounce judgment against any vessel, or proprty claimed by th citizens of the other party, the sentence or decree shali mention the reason or motives on which the same shall have been founded; and an authenticated copy of the sentence or decree, in conformity with the laws and usages of the country, and
of all the proceedings of 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.
Art. XXVI. For the greater security of the intercourse between the citizens of the United States of America and of the United Mexican States, it is agte·d now for then, that if there should be at any time hereafter an interruption of the friendly relations which now exist, or a war unhappily break out between the two contracting parties, there shall be allowed the terni of six months to the merchants residing on the coast, and one year to thos residing in the interior of the States and Territories of each other respectively, to a:. range their business, dispos of their eff-cts, or transport them wheresnever they may please, giving th: m a safe conduct to protect them to the port they may designate. Those citizens who may be established in the States and Territories aforesaid, exereising any other occupation or trade, shall be permitted to remain in the uninterrupted enjoyment of their liberty and property, so long as they conduct theinselves peaceabiy, and do not commit any offence against the laws; and their goods and effects, of whatever class and condition they may be, shall not be subject to any embargo or sequestration whatever, nor to any charge nor tax other than may be established upon similar goods and effects belonging to the citizens of the State in which they resiile respectively; nor shall the debts between individuals, nur moneys in the public funds or in public or private banks, por shares in companies, be confiscated, embargoed, or detained.
Art. XXVII. Both the contracbialy naries being desirous of avoiding all inequality in relation to their public communication 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 may enjy, it being understood that whatever favors, iminunities, or Privileges the United States of America or the United Mexi an States may find proper to give to the ministers and public agents of any other power, shal by the same act be extended to those of each of the contracting parties.
Art. XXVIII. In order that the cosuls and vice-cousuls of the two contracting parties may enjoy the rights, prerogatives, and immu ities which belong to them by their character, thy shall, before entering upon the xercise of their functions, exhibit their comission or pat: nt in due firm to the Goyrenment to which they are accredited; and having obtained iheir exequat r, they shall be held a d considered as such by all the authorities, magistrates, and inhabitants of the consular district in which th-y side. It is agreed likewise to receive and admit consuls and vice-consuls in all the ports and places open to foreign commerce, who shall enjoy therein all the rights, prerogatives, and immunities of the consuls and vice-consuls of the most favored nation, each of the contracting parties remaining at lib rty to exc pt those ports and places in which the admission and residence of such conllis and vice- onsnls may not seem expedient.
Art. XXIX. It is ikewise agreed that the consnls, vicr-consuls, their secretaries, offic rs and persons attached to the service of consuls, they not being citizens of the country
thereby; each party engaging, in no way, to protect the offender, or sanction such viola. tion.
Thirdly. If (what indeed cannot be expected) any of the articles contained in the present treaty shall be violated or infracted in any manner whatever, it is stipulated that neither o the contracting parties will order or authorize any acts of reprisal, nor declare war against the other, on complaints ot injuries or damages, until the said party considering itself oftended, shall first have presented to the other a statement of such injuries or damages, verified by competent proofs, and demanded justice and satisfaction, and the same shall bave been either refused or unreasonably delayed.
Fourthly. Nothing in this treaty contained, shall however be construed to operate contrary to former and existing public treaties with other Sovereigns or States.
The p esent treaty of 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 Vice-President of the United Mexican States, with the consent and approbation of the Congress thereof; and the ratifications shall be exchanged in the city of Washington, within the term of one year, to be counted from the date of the signature hereof; or sooner, it possible.
T:: witness wliéreof, We, the Plenipotentiaries of the United States of America and of the United Mexican States, have signed and sealed these presents. Done in the city of Mexico, on the fifth day of April, in the year of our Lord one thousand eight hundred and thirty-one, in the fifty-fifth year of the Independence of the United States of America, and in the eleventh of that of the United Mexican States.
[L, S.) LUCAS ALAMAN [L, S. 1 RAFAEL MANGINO, (L. S.j
ADDITIONAL ARTICLE. Whereas, in the present state of the Mexican shipping, it would not be possible for Mexico to receive the full advantage of the reciprocity established in the fifth and sixth ar ticles of the treaty signed this day, it is agreed that for the term of six years, the stipulations contained in the said articles shall be suspended; and in lieu thereof, it is hereby agreed, that, until the expiration of the said term of six years, American vessels entering into the ports of Mexico, and all articles, the produce, growth, or manufacture of th Uuited States of America, imported in such vessels, shall pay no other or higher duties, than are or may hereafter be payable in the said ports by the vessels and the like articles, the growth. produce or manufacture of the most favored nation; and, reciprocally, it is agreed that Mexican vessels entering into the ports of the United States of America, and all articles, the growth, produce, or manufacture of the United Mexican States, imported in such vessels, shall pay no other or higher duties than are, or may hereafter be, payable in the said ports by
the vessels and the like articles, the growth, produce, or manufacture of the most favored nation, and that no higlier duties shall be paid, or bounties or drawbacks a lowed, on the ex.
portation of any article, the growth, produce, or manufacture of either country, in the vessels of the other, than upon the exportation of the like articles in the vessels of any other foreign country
The present additional article shall have the same force and value as if it had been inserted, word for word, in the treaty signed this day. It shall be ratified, and the ratification exchanged at the same time,
In witness wherevf, We, the respective Plenipotentiaries, have signed and sealed the same
(L. S. 1.UCAS ALAMAN, (1.. S.] RAFAEL MANGINO, (L. S.
TREATY WITH THE OT IOMN PORTE. Treaty of Coinmerce and Navigation, betrecen the United States of America and the Ot
toman Porte, concluded and signed at Constantinople,by the respective Plenipotentiaries of the two Powers, on the 7th of May, 1930; and ratified by the President on the 2d of February, 1831. The ratifications were exchanged, at Constantinople, on the 5th of October, 1831, by avid Porier, Charge l Affaires of the United States near the Sublime Porte, and Nevljib Effendi, Reis Effendi of the Porte.
The object of this firm instrument, and the motive of this writing well drawn up, is thal
No treaty or diplomatic and official convention, having, heretoftore, existed, between the the Sublime Porte, of perpetual duration, and the United States of America ; at this time in consideration of the desire formerly expressed, and of repeated propositions which h ve lately been renewed by that power and in consequence of the wish entertained hi the Sublime Porte to testify the United States of America, its sentiments of friendship.-We, the Undersigned, Commissioners, invested with the high office of Chief of the Chancery of State of the Sublime Porte, existing forever, having been permitted by His very Noble Im
perial Majesty to pegotiate and conclude a treaty, and having thereupon conferred with our friend, the hunorable Charles Rhind, who has come to this Imperial Residence, furnished with full pow't rs to negotiate, settie, and conclude, the articles of a treaty, separately and jointiy with the other two Commissioners, Commodore Biddle and David 'Ofley, now at Smyrna, have arranged, agad upon and concluded, the following articles:
Art. 1. Merchants of the Sublime Porte, whr-ther Musselmans or Kayahs, going and coming, in the countries, provinces. and ports, of the United States of America. or proceeding from one po t to another, or from the ports of the United Statt's to those of other countries, shall pay the sanıe duties and other imposts that are paid by the most favored nations; and they shalı not be vexed by the exaction of higher dutier; and in traveling by sea and by iand, al: the privileges and distinctions observed towards the subjects of other Powers, shall serve as a rule, and shall be observed towards the merchants and subjects of the Sublime Porte. In like manner, American merchants who shall come to the well deftrided countries and ports of the Sublime Porte, shall pay the same dutits and other imposts, that are paid by merchants of the most favored friend v Powers, and they shali not, in any way, be vexed or no ested. On both sides, travelling passports shall be gianted.
Art. II. The Sublime Porte may stab'ish Shahbenders (Consuis) in the United States of America; aud the United States may appoint the citizens to bé Consuls or Vice Consuls, at the commercial places in the dominions of the Sublime Porte, where it shall be found needful to superintend the affairs of commerce. These Consula or Vice Consuls shall be furnished with Berats or Firmans; they shall enjoy suitable distincuon, and shall have necessary aid and protection.
Art. III American merchants established in the well defended States of the Sublime Porte, for purposes of commerce, shall have liberty to employ Semsars (biokers) of any nation of religion, in like manner as inerchants of others friendly Powers; and they shall not be disturbed in their affairs, nor shall they be treat: d, in any way, contrary to estabished usages. American vessels arriving at, or departing from, the ports of Ottoman Empire, small not be subjected to greater visit, by the officers of the custon-house and the Chancery of the Port, than ressets of the most favored nation.
Art. IV.'If litigations and disputes should arise between the subjects of the Sublime Porte and citizens of the United States, the parties shali not be heard, nor shall judgment be pronounced unless the American Dragoman be present. Causes in which the sum may exceed five hundred piasters, shall be submitted to the Sublime Porte, to be decided according to the laws of equity and justice. Citizens of the Uniied State4 of America quietly pursuing their commerce, and not being charged or convicted of any crime or offerice, shall not be molested; and even when they may have committed some offence they shall not be arrested and put in prison, by the local authorities, but they shall be tried by their Minister or Consul, and punished according to their offence, following, in this resp. ct, the usage observed towards other Frauks.
Art. v. American merchant vessels that trade to the dom nions of he Sublime Porte, may go and come in perfect safety with their own flag; but they shall not take the tag of any other Power, or shall they grant their flag to the vesseis of othe nations and powers, vor to the vessels of ruyahs. The Minister, Consuis, and Vice Consu s of th: United States, shall not protect secretly or publicly, the ruyahs of the Sublime Por'e, and they shali never suk r a departure from the principles here laid down and agreed to by mutual consent.
Arl VI. Vesses of war of the two contracting Parties, shali observe towards each other, demonstiations of friendship and goud intelligence, according o naval sare; and towards merchant vessels th y shall exhibit the same kind and cou tuous anner.
Art, VII. Merchant vessels of the United States, in like man er a vessels of the most favored nations, shall bave liberty to pass the Canal of the Imperial Residence, and go and come in the Black Sea, either laden or in ballast ; and they that je laden with the produce, manufactures and effects, or the Ottoman Empire, such as are prohibited, as well as of their own country.
Art Vill. Merchant vessels of the two contracting rarties shall not be forciby taken, for the shipment of troops, munitions and other objecig of war, if the Captains or proprietors of thi: yesses, shall be unwilling to freight then.
Art. IX. Il any merchant vessel or either of the contracting parties, should be wrecko ed, assistance and protection shall be afforded to those of the crew that may be saved ; and Therehendisc and effi ct which it may be possihle to save and recover. shall be convered to the Consul, nearest to the place of the wrecli, to be, by him, delivered to the proprietors.
l'he foregoing articles, agreed upon and concluded. between the Riassert (Chancery of tate,) and the above mentioned Commissioner of the United States. when signedy the other wo Commissioners, sh be exchanged. In ten months from the date of this
Temessuck, or instrument of triaty: the exchange of the ratifications of the two Powers sin! be made, and the rticles of this treaty shall have full force and be strictly observed
the two Contacting Powers. Given the fourteenth day of the inoon Zilcaade, and in the year of the Hegira, 1245, cor
ponding with the seventh day of May, of the year one tiousand tight bundred and thirty of the Christian Æra.
MOHAMMED HAMID, Reis-ul-Kutab. (Reis Efendi).