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ARTICLE II The Ambassadors or Diplomatic agents, whom it may please either of the two high contracting parties to send and maintain near the other, shall be received and treated, they and all those composing their Missions, as the Ambassadors and Diplomatic agents of the most favored nations are received and treated in the two respective countries; and they shall enjoy there, in all respects, the same prerogatives and immunities.
ARTICLE III The citizens and subjects of the two high contracting parties, travellers, merchants, manufacturers and others, who may reside in the Territory of either Country, shall be respected and efficiently protected by the authorities of the Country and their agents, and treated in all respects as the subjects and citizens of the most favored Nation are treated.
They may reciprocally bring by land or by sea into either Country, and export from it all kinds of merchandise and products, and sell, exchange or buy, and transport them to all places in the Territories of either of the high contracting parties. It being however understood that the merchants of either nation, who shall engage in the internal commerce of either country, shall be governed, in respect to such commerce by the laws of the country in which such commerce is carried on; and in case either of the High contracting powers shall hereafter grant other privileges concerning such internal commerce to the citizens or subjects of other Governments the same shall be equally granted to the merchants of either nation engaged in such internal commerce within the territories of the other.
The merchandise imported or exported by the respective citizens or subjects of the two high contracting parties shall not pay in either country on their arrival or departure, other duties than those which are charged in either of the countries on the merchandise or products imported or exported by the merchants and subjects of the most favored Nation, and no exceptional tax under any name or pretext whatever shall be collected on them in either of the two Countries.
ARTICLE V All suits and disputes arising in Persia between Persian subjects and citizens of the United States shall be carried before the Persian tribunal to which such matters are usually referred at the place where a Consul or agent of the United States may reside, and shall be discussed and decided according to Equity, in the presence of an employé of the Consul or agent of the United States.
All suits and disputes which may arise in the Empire of Persia between citizens of the United States, shall be referred entirely for trial and for adjudication to the Consul or agent of the United States residing in the Province wherein such suits and disputes may have arisen, or in the Province nearest to it, who shall decide them according to the laws of the United States.
All suits and disputes occurring in Persia between the citizens of the United States and the subjects of other foreign Powers shall be tried and adjudicated by the intermediation of their respective Consuls or agents.
In the United States Persian subjects in all disputes arising between themselves, or between them and citizens of the United States or Foreigners shall be judged according to the rules adopted in the United States respecting the subjects of the most favored nation.
Persian subjects residing in the United States, and citizens of the United States residing in Persia shall when charged with criminal offences be tried and judged in Persia and the United States in the same manner as are the subjects and citizens of the most favored nation residing in either of the abovementioned countries.
In case of a citizen or subject of either of the contracting parties dying within the Territories of the other, his effects shall be delivered up integrally to the family or partners in business of the Deceased, and in case he has no relations or partners, his effects in either Country shall be delivered up to the Consul or agent of the Nation of which the Deceased was a subject or citizen, so that he may dispose of them in accordance with the laws of his country.
For the protection of their citizens or subjects and their commerce respectively, and in order to facilitate good and equitable relations between the citizens and subjects of the two countries, the two high contracting parties reserve the right to maintain a Diplomatic Agent at either seat of Government, and to name each three Consuls in either Country, those of the United States shall reside at Teheran, Bender Bushir, and Tauris; those of Persia at Washington, New York and New Orleans.
The Consuls of the high contracting parties shall reciprocally enjoy in the territories of the other, where their residences shall be established, the respect, privileges and immunities granted in either country to the Consuls of the most favored Nation.
The Diplomatic Agent or Consuls of the United States shall not protect secretly or publicly the subjects of the Persian Government, and they shall never suffer a departure from the principles here laid down and agreed to by mutual consent.
And it is further understood, that if any of those Consuls shall engage in trade, they shall be subjected to the same laws and usages to which private individuals of their Nation engaged in commercial pursuits in the same place are subjected.
And it is also understood by the High contracting parties, that the Diplomatic and Consular Agents of the United States shall not employ a greater number of domestics than is allowed by Treaty to those of Russia residing in Persia.
And the high contracting parties agree that the present Treaty of Friendship and Commerce cemented by the sincere good feeling, and confidence which exists between the Governments of the United States and Persia, shall be in force for the term of ten years from the exchange of its ratification, and if before the expiration of the first ten years neither of the high contracting parties shall have announced, by official notification to the other, its intention to arrest the operation of said Treaty, it shall remain binding for one year beyond that time, and so on until the expiration of twelve months, which will follow a similar notification, whatever the time may be at which it may take place; and the Plenipotentiaries of the two high contracting parties further agree to exchange the ratifications of their respective Governments at Constantinople in the space of six months or earlier if practicable.
In faith of which, the respective Plenipotentiaries of the two high contracting parties have signed the present Treaty and have attached their seals to it.
Done in duplicate in Persian and English, the thirteenth day of December one thousand eight hundred and fifty six, and of the Hijéreh the fifteenth day of the moon of Rebiul Sany one thousand two hundred and seventy three at Constantinople. CARROLL SPENCE.
SEAL. EMIN UL MOLK FARRUKH KHAN. SEAL. S. Doc. 318, 58–2– -40
Concluded March 17, 1841; ratification advised by the Senate January
5, 1843; ratified by the President January 12, 1843; ratification exchanged July 22, 1843; proclaimed February 21, 1844; modification consented to and time for exchange of ratifications extended by the Senate May 29, 1846; ratifications again exchanged October 31, 1846; proclaimed January 8, 1817. (Treaties and Conventions, 1889, p. 850.)
By this convention Peru agreed to pay to the United States in settlement of claims which had been presented by citizens of the United States the sum of $300,000. The claims were adjudicated by the Attorney-General, and the final report was made August 7, 1847, allowing claims amounting to $121,432.41.
TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION. Concluded July 26, 1851; ratification advised by the Senate June 23,
1852; ratified by the President July 16, 1852; ratifications exchanged July 16, 1852; proclaimed July 19, 1852. (Treaties and Conventions, 1889, p. 852.)
This treaty, consisting of forty articles, was terminated December 9, 1863, upon notice given by Peru.
CONVENTION DECLARING THE PRINCIPLES OF THE RIGHTS OF
NEUTRALS AT SEA.
Concluded July 22, 1856; ratification udvised by the Senate March 12,
1857; ratified by the President October 2, 1857; ratifications exchanged October 31, 1857; proclaimed November 2, 1857. Treaties and Conventions, 1889, p. 861.)
I. Principles of neutral property
III. Extension of nentral rights. rights.
IV. Accession of other countries. II. Former treaty provisions annulled. I V. Duration; ratification.
The United States of America, and the Republic of Peru, in order to render still more intimate their relations of Friendship and good understanding, and desiring, for the benefit of their respective com
merce and that of other nations, to establish an uniform system of maritime legislation, in time of war, in accordance with the present state of civilization, have resolved to declare, by means of a formal Convention, the principles which the two Republics acknowledge, as the basis of the rights of neutrals at sea, and which they recognize and profess as permanent and immutable, considering them as the true and indispensable conditions of all freedom of navigation and maritime commerce and trade.
For this purpose, the President of the United States of America has conferred full powers on John Randolph Clay, their Envoy Extraordinary and Minister Plenipotentiary to the Government of Peru: and the Liberator, President of the Republic of Peru has conferred like full powers on Don José Maria Seguin, Chief officer of the Ministry of Foreign Affairs, in charge of that Department; who, after having exchanged their said full powers, found to be in good and due form, have agreed upon and concluded the following Articles.
The two High Contracting Parties recognize as permanent and immutable the following principles.
1st That free ships make free goods: that is to say, that the effects or merchandise, belonging to a Power or Nation at war, or to its citizens or subjects, are free from capture and confiscation when found on board of neutral vessels, with the exception of articles contraband
2. That the property of neutrals on board of an enemy's vessel is not subject to detention or confiscation, unless the same be contraband of war: it being also understood that, as far as regards the two Contracting Parties, warlike articles destined for the use of either of them shall not be considered as contraband of war,
The two High Contracting Parties engaged to apply these principles to the commerce and navigation of all Powers and States, as shall consent to adopt them as permanent and immutable.
It is hereby agreed between the two High Contracting Parties, that the provisions contained in Article Twenty second of the Treaty concluded between them at Lima, on the twenty sixth Day of July, One Thousand Eight hundred and fifty one, are hereby annulled and revoked; in so far as they inilitate against or are contrary to the stipulations contained in this convention. But nothing in the present convention shall, in any manner, affect or invalidate the stipulations contained in the other Articles of the said Treaty of the twenty sixth of July, one thousand, eight hundred and fifty one, which shall remain in their full force and effect.
The two High Contracting Parties reserve to themselves to come to an ulterior understanding, as circumstances may require, with regard to the application and extension to be given, if there be any cause for it, to the principles laid down in the first Article. But they declare, from this time, that they will take the stipulations contained in the said Article, as a rule whenever it shall become a question to judge of the rights of neutrality.