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MODIFICATION TO TREATY OF AMITY AND COMMERCE OF MAY 29,
Concluded December 17-31, 1867; ratification advised by Senate July 25, 1868; ratified by the President August 11, 1868.
To Hon. F. W. SEWARD,
Assistant Secretary of State,
Washington, D. C.
UNITED STATES CONSULATE,
SIR: I have the honor to inform the Department that I have received a letter from His Excellency Chaw Phaya Praklang, Minister of Foreign Affairs, informing me that the Royal Counsellors for the Kingdom of Siam desire to change article first of the Treaty Regulations, and that the change shall go into effect on January 1st, 1868. The article alluded to is, as follows, viz:
"Every shipmaster upon anchoring his vessel at Paknam will deliver into the custody of the Custom house officers all his guns and ammunition, and a custom house officer will then be appointed to the vessel and will proceed in her to Bangkok.'
The article as changed will require that the powder alone be left at Paknam but that the guns be allowed to remain in the vessel. I have given my assent to the change and all the other Consuls have done the same.
The change is a very advantageous one to shipmasters, as in shipping and reshipping of their guns, some of which were heavy, was attended with much delay and expense; whereas they generally have but a few pounds of powder on board, which can be boxed up and put ashore in a very short time.
I have the honor to be, sir, your obedient servant,
J. M. HOOD,
U. S. Consul.
CHAW PHAYA PRAKLANG, MINISTER OF FOREIGN AFFAIRS OF THE KINGDOM OF SIAM.
To Mr. J. M. HOOD, U. S. Consul.
That the Senabodee of the Kingdom of Siam have considered this matter, and have come to the conclusion-that as they saw that Siam was near the water and that trading ships could ascend to the city-for this reason they asked a clause in the treaties that all guns and powder should be landed at Paknam before the ship would ascend the river.
The Ministers Plenipotentiary also were of the same opinion and yielded this point to the Siamese in the treaties. When a vessel came in and the Chaw Pausknan at Paknam received the guns and powder off the vessel that [they] found it very difficult to take care of the powder and were afraid of an explosion, and for this reason they did not receive the powder from the vessel, but simply the guns. But now a long time since the Senabodee are of the opinion that the taking off of the guns at Paknam is a source of trouble to the vessels, for they took off guns belonging to many persons, and when the vessels come down again it was often after night, and when the captains went for their guns the wrong ones were frequently taken, and when the vessel coming afterwards could not find her own guns there was a fuss, and the Siamese officers had frequently to pay for the guns. Again the powder was left in the vessels and they coming up and anchoring in the river, there was danger of an explosion and injury to the citizens here. Therefore the Senabodee have ordered me to write to all the Consuls and ask that the custom be changed-from January 1st, 1868. We ask to take out the powder of the vessels at Paknam, but the guns can be left in the vessels and need not be taken out. If you are also of the same opinion you will please inform masters of vessels and others under your protection to this effect. When the vessel comes to Paknam let them take out all the powder, but if they refuse to let the powder be taken out, and it remains in the vessel, and there arises any difficulty from that fact, we [beg to] claim indemnity according to the treaty. Given Tuesday December 17th, 1867.
a See p. 710.
AGREEMENT REGULATING LIQUOR TRAFFIC IN SIAM.
Concluded May 14, 1884; ratification advised by the Senate June 28, 1884; ratified by the President June 30, 1884; ratifications exchanged June 30, 1884; proclaimed July 5, 1884. (U. S. Stats., vol. 23, p. 782.)
I. Duties on liquors. II. Testing of spirits. III. Deleterious spirits. IV. Licenses to sell.
V. Most favored nation privileges.
VII. Ratification, etc.
The Government of the United States of America and the Government of His Majesty the King of Siam, being desirous of making satisfactory arrangements for the regulation of the traffic in spirituous liquors in Siam, the Undersigned, duly authorized to that effect, have agreed as follows:
Spirits of all kinds not exceeding in alcoholic strength those permitted to be manufactured by the Siamese Government in Siam may be imported and sold by citizens of the United States on payment of the same duty as that levied by the Siamese excise laws upon spirits manufactured in Siam; and spirits exceeding in alcoholic strength spirits manufactured in Siam as aforesaid may be imported and sold upon payment of such duty, and of a proportionate additional duty for the excess of alcoholic strength above the Siamese Government standard.
Beer and wines may be imported and sold by citizens of the United States on payment of the same duty as that levied by the Siamese excise laws upon similar articles manufactured in Siam, but the duty on imported beer and wines shall in no case exceed 10 per cent. ad valorem.
The said duty on imported spirits, beer, and wines, shall be in substitution of, and not in addition to, the import duty of 3 per cent. leviable under the existing Treaties; and no further duty, tax, or imposition whatever shall be imposed on imported spirits, beer, and wines.
The scale of excise duty to be levied upon spirits, beer, and wines manufactured in Siam shall be communicated by the Siamese Government to the Minister Resident and Consul General of the United States at Bangkok, and no change in the excise duties shall affect citizens of the United States until after the expiration of six months from the date at which such notice shall have been communicated by the Siamese Government to the Representative of the United States at Bangkok.
The testing of spirits imported into the kingdom of Siam by citizens of the United States shall be carried out by an expert designated by the Siamese authorities, and by an expert designated by the Consul of the United States; in case of difference the parties shall designate a third person, who shall act as umpire, whose decision shall be final.
The Siamese Government may stop the importation by citizens of the United States into Siam of any spirits which, on examination, shall be proved to be deleterious to the public health; and they may give notice to the importers, consignees, or holders thereof to export the same within three months from the date of such notice, and if this is not done the Siamese Government may seize the said spirits and may destroy them, provided always that in all such cases the Siamese Government shall be bound to refund any duty which may have been already paid thereon.
The testing of spirits imported by citizens of the United States, and which may be alleged to be deleterious, shall be carried out in the manner provided by Article II.
The Siamese Government engage to take all necessary measures to prohibit and prevent the sale of spirits manufactured in Siam which may be deleterious to the public health.
Any citizen of the United States who desires to retail spirituous liquors, beer, or wines in Siam, must take out a special license for that purpose from the Siamese Government, which shall be granted upon just and reasonable conditions to be agreed upon from time to time between the two Governments.
Citizens of the United States shall at all times enjoy the same rights and privileges in regard to the importation and sale of spirits, beer, wines, and spirituous liquors in Siam as the subjects of the most favored nation; and spirits, beer, wines, and spirituous liquors coming from the United States shall enjoy the same privileges in all respects as similar articles coming from any other country the most favored in this respect.
It is therefore clearly understood that citizens of the United States are not bound to conform to the provisions of the present agreement to any greater extent than the subjects of other nations are so bound.
Subject to the provisions of Article V, the present Agreement shall come into operation on a date to be fixed by mutual consent between the two Governments and shall remain in force until the expiration of six months' notice given by either party to determine the same.
The existing treaty engagements between the United States and Siam shall continue in full force until the present Agreement comes into operation and after that date, except in so far as they are modified hereby.
Should the present Agreement be terminated, the Treaty engagements between the United States and Siam shall revive, and remain as they existed previously to the signature hereof.
In this agreement the words "citizen of the United States" shall include any naturalized citizen of the United States, and the words "Consul General of the United States" shall include any consular officer of the United States in Siam.
The present agreement shall be ratified, and its ratification shall be exchanged as soon as possible.
In witness whereof, the Undersigned have signed the same in duplicate, and have affixed thereto their seals.
Done at Washington, the fourteenth day of May 1884, corresponding to the fifth day of the waning moon of the month of Visagamas of the year Wauk Sixth Decade 1246 of the Siamese Astronomical Era. FRED T. FRELINGHUYSEN [SEAL.] NARÈS VARARIDDHI
Article XXIX of the treaty of friendship concluded July 3, 1902, page 740, provides:
"All treaties, agreements, conventions and contracts between the United States and Spain prior to the treaty of Paris shall be expressly abrogated and annulled, with the exception of the treaty signed the seventeenth of February, 1834, between the two countries, for the settlement of claims between the United States of America and the Government of His Catholic Majesty, which is continued in force by the present convention."
TREATY OF FRIENDSHIP, BOUNDARIES, COMMERCE AND NAVIGATION. Concluded October 27, 1795; ratification advised by the Senate March 3, 1796; ratified by the President; ratifications exchanged April 25, 1796; proclaimed August 2, 1796. (Treaties and Conventions, 1889, p. 1006.)
This treaty consisted of twenty-three articles. It contained an agreement as to the southern and western boundaries of the United States; the mutual free navigation of the Mississippi River from its source to the ocean; the usual articles relating to commerce and navigation; the authority to appoint consuls; the appointment of a claims commission to settle claims of United States citizens against Spain,
etc. The claims commission provided for met in Philadelphia, terminating their duties December 31, 1799, having made awards to the amount of $325,440.074 on account of Spanish spoliations.
Concluded August 11, 1802; ratification advised by the Senate January 9, 1804; ratified by the President January 9, 1804; ratifications exchanged December 21, 1818; proclaimed December 22, 1818. (Treaties and Conventions, 1889, p. 1015.)
This convention provided for the appointment of a board of five commissioners to adjust the claims for "indemnification of those who
a Federal cases: The Nereide, 9 Cranch, 388; The Pizarro, 2 Wheat., 227; The Nuestra Señora de la Caridad, 4 Wheat., 497; The Amiable Isabella, 6 Wheat., 1; The Bello Corrunes, 6 Wheat., 152; The Santissima Trinidad, 7 Wheat., 283; Henderson v. Poindexter's Lessee, 12 Wheat., 530; U. S. v. The Amistad, 15 Pet., 518; Pollard v. Hagan, 3 How., 212; Robinson v. Minor, 10 How., 627; Le Tigre, 3 Wash. C. C., 567; The Santissima Trinidad, 1 Brock., 478.