tioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of both or either 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 severa; 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 vessels 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 contracting 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, speais, 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 de tention 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, unless, 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 permitted 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 the vessels and cargoes of both the contracting parties on the high seas, they have agreed. mintually, 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 papers 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 armed 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 no case, be required to go on board the examining vessel for the purpose of exhibiting 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 truly belongs to the citizens of one of the contracting parties; they have likewise agreed that such vessels 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 vessel sailed, so that it may be known whether any forbidden or contraband goods be on board the same; which certificate shall be made out by the officers of the place whence the vessel sailed, in the accustomed form: without which requisites, 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 the 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 he carries, and when they 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 tribunal of either party shall pronounce judgment against any vessel, or property claimed by th citizens of the other party, the sentence or decree shall 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, be 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 agre i 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 term of six months to the merchants residing on the coast, and one year to those residing in the interior of the States and Territories of each other respectively, to ar range their business, dispos of their effects, or transport them wheresoever they may please, giving the m a safe conduct to protect them to the port they may designate. l'hose citizens who may be established in the States and Territories aforesaid, exercising any other occupation or trade, shall be permitted to remain in the uninterrupted enjoyment of their liberty and property, so long as they conduct themselves peaceably, 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 reside respectively; nor shall the debts between individuals, nor moneys in the public funds or in public or private banks, nor shares in companies, be confiscated, embargoed, or detained. Art. XXVII. Both the contracti 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 enjoy, it being understood that whatever favors, immunities, 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 consuls and vice-consuls of the two contracting parties may enjoy the rights, prerogatives, and immu ities which belong to them by their character, they shall, before entering upon 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 exequator, they shall be held at considered as such by all the authorities, magistrates, and inhabitants of the consular district in which they reside. It is agreed likewise to receive and admit consuls and vice-consuls in all the ports and places open to foreign com merce, 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 liberty to exe pt those ports and places in which the admissión and residence of such consuis and vice-consuls may not seem expedient. Art. XXIX. It is ikewise agreed that the consuls, vice-consuls, their secretaries, offic rs and persons attached to the service of consuis, they not being citizens of the country' in which the consul resides, shall be exempt from all compulsory public service, and also from all kind of taxes, imposts and contributions levied specially on them, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens and inhabitants, na ive and foreign, of the country in which they reside, are subject; being in every thing besides subject to the laws of their respective States. The archives and papers of the consulates shall be respected inviolably, and under no pretext whatever shall any magistrare seize, or in any way interfere with them. Art. XXX. 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 their country; and for that purpose, they shall address themselves to the courts, judges, and officers competent, and shall de and the said deserters in writing, proving, by an exhibition of the register of the vessel, or ship's roll, or other public documents, that the man or men demanded were part of said crews; and on this demand so proved, (saving always where the contrary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said consuls, and may be put in the public prisons at the request and expense of those who reclaim them, to be sent to the vessels 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 not be again arrested for the same cause. Art. XXXI. 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, to form a consular convention, which shall deciare specially the powers and immunities of the consuls and vice consuls of the respective parties. Art. XXXII. For the purpose of regulating the interior commerce between the frontier territories of both Republics, it is agreed that the Executive of each shall have power, by mutual agreement, of determining on the route and establishing the roads by which such commerce shall be conducted; and in all cases where the caravans employed in such commerce may require convoy and protection by military escort, the Supreme Executive of each nation, shall, by mutual agreement, in like manner, fix on the period of departure for such caravans, and the point at which the military escort of the two nations shall be exchanged. And it is further agreed, that, until the regulations for governing this interior commerce between the two nations shall be established, that the commercial intercourse between the State of Missouri of the United States of America, and New Mexico in the United Mexican States, shall be conducted as heretofore, each Government affording the necessary protection to the citizens of the other. Art. XXXIII. It is likewise agreed that the two contracting parties shall, by all the means in their power, maintain peace and harmony among the several Indian nations who inhabit the lands adjacent to the lines and rivers which form the boundaries of the two countries; and the better to attain this object, both parties bind themselves expressly to restrain, by force, all hostilities and incursions on the part of the Indian nations living within their respective boundaries: so that the United States of America will not suffer their Indians to attack the citizens of the United Mexican States, nor the Indians inhabiting their territory; nor will the United Mexican States permit the Indians residing within their territories to commit hostilities against the citizens of the United States of America, nor against the Indians residing within the limits of the United States, in any manner whatever. And in the event of any person or persons captured by the Indians who inhabit the territory of either of the contracting parties, being or having been carried into the territories of the other, both Governments engage and bind themselves in the most solemn manner to return them to their country as soon as they know of their being within their respective territories, or to deliver them up to the agent or representative of the Government that claims them, giving to each other, reciprocally, timely notice, and the claimant paying the expenses incurred in the transmission and maintenance of such person or persons, who, in the mean time, shall be treated with the utmost hospitality by the local authorities of the place where they may be. Nor shall it be lawful, under any pretext whatever, for the citizens of either of the contracting parties to purchase or hold captive prisoners made by the Indrans inhabiting the teritor es of th other. Art. XXXIV. The United States of America and the United Mexican States, desiring to 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 amity, commerce, and navigation, have declared solemnly, and do agree to the following points: First. The present treaty shall remain and be of force for eight years from the day of the exchange of the ratifications, and 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 eight years. And it is hereby agreed between them, that, on the expiration of one year after such notice shall have been received by either of the parties from the other party, this treaty, in all its parts, relating to commerce and navigation, shal altogether eease and determine, and in all those parts which relate to peace and friendship, it shall be permanently and perpetually binding on both the contracting parties. Secondly. If any one or more of the citizens of either party shall infringe any of the arti cles of this treaty, such citizens shall be held personally responsible for the same; and the 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 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 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 satisfaction, and the same shall have been either refused or unreasonably delayed. Fourthly. Nothing in this treaty contained, shall however be construed to operate contrary to former and existing pubic treaties with other Sovereigns or States. The present 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, if possible. I witness whereof, 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. A. BUTLER, 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 the United 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 higher duties shall be paid, or bounties or drawbacks allowed, on the exportation 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 whereof, We, the respective Plenipotentiaries, have signed and sealed the same TREATY WITH THE OTTOMAN PORTE. Treaty of Commerce and Navigation, between the United States of America and the Ottoman Porte, concluded and signed at Constantinople, by the respective Plenipotentiaries of the two Powers, on the 7th of May, 1830; 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 Porter, Charge Affaires of the United States near the Sublime Porte, and Nedjib Effendi, Reis Effendi of the Porte. The object of this firm instrument, and the motive of this writing well drawn up, is that 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 te, in consideration of the desire formerly expressed, and of repeated propositions which have lately been renewed by that power and in consequence of the wish entertained by 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 negotiate and conclude a treaty, and having thereupon conferred with our friend, the honorable Charles Rhind, who has come to this Imperial Residence, furnished with full powers to negotiate, settle, and conclude, the articles of a treaty, separately and jointly with the other two Commissioners, Commodore Biddle and David Offley, now at Smyrna, have arranged, agreed upon and concluded, the following articles: Art. I. Merchants of the Sublime Porte, whether Musselmans or Rayahs, going and coming, in the countries, provinces, and ports, of the United States of America. or proceeding from one pot to another, or from the ports of the United States to those of other countries, shall pay the same duties and other imposts that are paid by the most favored nations; and they shall not be vexed by the exaction of higher duties; and in traveling by sea and by land, 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 defended countries and ports of the Sublime Porte, shall pay the same duties and other imposts. that are paid by merchants of the most favored friendy Powers, and they shall not, in any way, be vexed or molested. On both sides, travelling passports shall be granted. Art. II. The Sublime Porte may estab'ish Shahbenders (Consuis) in the United States of America; aud the United States may appoint their citizens to be 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 distinction, 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 (brokers) of any nation or religion, in like manner as inerchants of others friendly Powers; and they shall not be disturbed in their affairs, nor shall they be treated, in any way, contrary to estabished usages. American vessels arriving at, or departing from, the ports of Ottoman Empire, shall not be subjected to greater visit, by the officers of the custom-house and the Chancery of the Port, than vessels 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 shall 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 United State4 of America quietly pursuing their commerce, and not being charged or convicted of any crime or offence, 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 respect, the usage observed towards other Franks. 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 flag of any other Power, nor shall they grant their flag to the vessels of othe nations and powers, nor to the vessels of ruyahs. The Minister, Consuls, and Vice Consu s of the United States, shall not protect secretly or publicly, the ruyahs of the Sublime Pore, and they shall never suffer a departure from the principles here laid down and agreed to by mutual consent. Art VI. Vessels of war of the two contracting Parties, shall observe towards each other, demonstrations of friendship and good intelligence, according o naval save; and towards merchant vessels they shall exhibit the same kind and cou teous anner. Art. VII. Merchant vessels of the United States, in like man er a vessels of the most favored nations, shall have liberty to pass the Canal of the Imperial Residence, and go and come in the Black Sea, either laden or in ballast; and they may be laden with the produce, manufactures and effects, or the Ottoman Empire, such as are prohibited, as well as of their own country. Art VIII. Merchant vessels of the two contracting rarties shall not be forciby taken, for the shipment of troops, munitions and other objects of war, if the Captains or proprietors of the yesses, shall be unwilling to freight thei Art. IX. If any merchant vessel or either of the contracting parties, should be wrecked, assistance and protection shall be afforded to those of the crew that may be saved; and the erchendisc and effet, which it may be possible to save and recover, shall be conveved to the Consul, nearest to the place of the wreck, to be, by him, delivered to the proprietors. The foregoing articles, agreed upon and concluded. between the Riassert (Chancery of State,) and the above mentioned Commissioner of the United States, when signed by th other two Commissioners, shall be exchanged. In ten months from the date of this Temessuck, or instrument of treaty, the exchange of the ratifications of the two Powers all be made, and the rticles of this treaty shall have full force and be strictly observed the two Contracting Powers. Given the fourteenth day of the moon Zilcaade, and in the year of the Hegira, 1245, corsponding with the seventh day of May, of the year one thousand eight hundred and irty of the Christian ra. (Signed) MOHAMMED HAMID, Reis-ul-Kutab. (Reis Effendi). |