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TREATY BETWEEN THE UNITED STATES AND COLOMBIA.
lombia, and reside and trade there, There shall be a perfect, firm and in all sorts of produce, manufacinviolable peace and sincere friend- tures and merchandise, and shall ship between the United States of pay no other or greater duties, America and the republic of Co- charges or fees, whatsoever, than lombia, in all the extent of their the most favored nation is or shall possessions and territories, and be- be obliged to pay ; and they shall iween their people and citizens re- enjoy all the rights, privileges and spectively, without distinction of exemptions in navigation and compersons or places.
merce, which the most favored naARTICLE 2d.
tion does or shall enjoy, submitting The United States of America and themselves, nevertheless, to the the republic of Colombia, desiring laws, decrees and usages, there esto live in peace and harmony with all tablished, and to which are submitthe other nations of the earth, by ted the subjects and citizens of the means of a policy frank and equal- most favored nations. ly friendly with all, engage mutual In like manner the citizens of the ly not to grant any particular favor republic of Colombia máy frequent to other nations, in respect of com- all the coasts and countries of the merce and navigation, which shall United States, and reside and trade not immediately become common there, in all sorts of produce, mato the other party, who shall enjoy nufactures and merchandise, and the same freely, if the concession shall pay no other or greater duties, was freely made, or on allowing the charges or fees, whatsoever, than same compensation, if the conces, the most favored nation is or shall sion was conditional.
be obliged to pay ; and they shall ARTICLE 3d.
enjoy all the rights, privileges and The citizens of the United States exemptions in navigation and commay frequent all the coasts and merce, which the most favored nacountries of the republic of Co- tion does or shall enjoy, submitting themselves, nevertheless, to the without obstacle or hindrance of laws, decrees and usages, there es- any kind. tablished, and to which are submit
ARTICLE 7th. ted the subjects and citizens of the All the ships, merchandise and most favored nations.
effects, belonging to the citizens of ARTICLE 4th.
one of the contracting parties, It is likewise agreed, that it shall which may be captured by pirates, be wholly free for all merchants, whether within the limits of its ju. commanders of ships and other ci- risdiction or on the high seas, and tizens of both countries, to manage may be carried or found in the rithemselves their own business in all vers, roads, bays, ports, or domithe ports and places subject to the nions of the other, shall be deliverjurisdiction of each other, as well ed up to the owners, they proving, with respect to the consignment in due and proper form, their rights, and sale of their goods and mer- before the competent tribunals ; it chandise by wholesale or retail, as being well understood that the claim with respect to the loading, un- should be made within the term of loading and sending off their ships; one year by the parties themselves, they being, in all these cases, to be their attorneys, or agents of the retreated as citizens of the country spective governments. in which they reside, or at least to
ARTICLE 8th. be placed on a footing with the sub- When any vessel, belonging to jects or citizens of the most favor the citizens of either of the coned nation.
tracting parties, shall be wrecked, ARTICLE 5th.
foundered, or shall suffer any damThe citizens of neither of the age on the coasts, or within the docontracting parties shall be liable minions of the other, there shall be to any embargo, nor be detained given to them all assistance and prowith their vessels, cargoes, mer- tection, in the same manner which is chandises, or effects, for any milita- usual and customary with the vessels ry expedition, nor for any public or of the nation where the damage happrivate purpose whatever, without pens, permitting them to unload the allowing to those interested a suffi- said vessel, if necessary, of its mercient indemnification.
chandise and effects, without exactARTICLE 6th.
ing for it any duty, impost or conWhenever the citizens of either tribution whatever, until they may of the contracting parties shall be be exported. forced to seek refuge or asylum in
ARTICLE 9th. the rivers, bays, ports, or dominions The citizens of each of the conof the other, with their vessels, tracting parties shall have power to whether merchant or of war, pub- dispose of their personal goods withlic or private, through stress of in the jurisdiction of the other, by weather, pursuit of pirates, or ene- sale, donation, testament or othermies, they shall be received and wise, and their representatives, betreated with humanity, giving to ing citizens of the other party, shall them all favor and protection for succeed to their said personal goods, repairing their ships, procuring pro- whether by testament or ab intestato, visions, and placing themselves in and they may take possession therea situation to continue their voyage, of, either by themselves or others acting for them, and dispose of the parties in the countries subject to same at their will, paying such dues the jurisdiction of the one and the only as the inhabitants of the coun- other, without their being liable to try, wherein the said goods are, be disturbed or molested on account shall be subject to pay in like cases. of their religious belief, so long as And if, in the case of real estate, they respect the laws and establishthe said heirs would be prevented ed usages of the country. Morefrom entering into the possession over, the bodies of the citizens of of the inheritance, on account of one of the contracting parties, who their character of aliens, there shall may die in the territories of the be granted to them the term of other, shall be buried in the usual three years to dispose of the same, burying ground, or in other decent as they may think proper, and to and suitable places, and shall be prowithdraw their proceeds without mo- tected from violation or disturbance. lestation, and exempt from all rights
ARTICLE 12th. of detraction, on the part of the go. It shall be lawful for the citizens vernment of the respective states. of the United States of America ARTICLE 10th.
and of the republic of Colombia, Both the contracting parties pro- to sail with their ships, with all mise and engage, formally, to give manner of liberty and security, no their special protection to the per distinction being made, who are the sons and property of the citizens of proprietors of the merchandise laden each other, of all occupations, who thereon, from any port to the places may be in the territories subject to of those who now are or hereafter the jurisdiction of the one or the shall be at enmity with either of the other, transient or dwelling there. contracting parties. It shall likewise in, leaving open and free to them be lawful for the citizens aforesaid to the tribunals of justice for their ju- sail with their ships and merchandicial recourse, on the same terms dise beforementioned, and to trade which are usual and customary with with the same liberty and se. the natives or citizens of the coun- curity from the places, ports and try in which they may be ; for which havens, of those who are enemies they may employ in defence of their of both or either party, without any rights, such advocates, solicitors, opposition or disturbance whatsonotaries, agents and factors, as they ever, not only directly from the may judge proper, in all their trials places of the enemy, beforemenat law; and such citizens or agents tioned, to neutral places, but also shall have free opportunity to be from one place belonging to an present at the decisions and sen- enemy to another place belonging tences of the tribunals, in all cases to an enemy, whether they be under which may concern them, and like the jurisdiction of one power or unwise at the taking of all examina- der several. And it is hereby stiputions and evidences which may be lated, that free ships shall also give exhibited in the said trials.
freedom to goods, and that every ARTICLE 11th.
thing shall be deemed to be free It is likewise agreed, that the and exempt, which shall be found most perfect and entire security of on board the ships belonging to conscience shall be enjoyed by the the citizens of either of the eoncitizens of both the contracting tracting parties, although the whole
lading, or any part thereof, should perty, in that case the goods and appertain to the enemies of either, merchandises of the neutral, emcontraband goods being always ex- barked in such enemy's ships, shall cepted. It is also agreed, in like be free. manner, that the same liberty be
ARTICLE 14th. extended to persons who are on This liberty of navigation and board a free ship, with this effect, commerce shall extend to all kinds that although they be enemies to of merchandises, excepting those both or either party, they are not only which are distinguished by the to be taken out of that free ship, name of contraband, and under unless they are officers or soldiers, this name of contraband, or proand in the actual service of the ene- hibited goods, shall be compremies: Provided, however, and it hendedis hereby agreed, that the stipula- 1st. Cannons, mortars, howitztions in this article contained, de- ers, swivels, blunderbusses, musclaring that the flag shall cover the kets, fuzees, rifles, carbines, pisproperty, shall be understood as tols, pikes, swords, sabres, lances, applying to those powers only, who spears, halberds and granades, recognise this principle ; but if bombs, powder, matches, balls, either of the two contracting par- and all other things belonging to ties shall be at war with a third, the use of these arms; and the other neutral, the flag of 2dly. Bucklers, helmets, breastthe neutral shall cover the property plates, coats of mail, infantry belts of enemies whose governments and clothes, made up in the form acknowledge this principle, and not and for a military use ; of others.
3dly. Cavalry belts, and horses ARTICLE 13th.
with their furniture ; It is likewise agreed, that, in the 4thly. And generally all kinds of case where the neutral fag of one arms and instruments of iron, steel, of the contracting parties shall pro- brass and copper, or of any other tect the property of the enemies of materials manufactured, prepared the other, by virtue of the above and formed, expressly to make war stipulation, it shall always be un- by sea or land. derstood that the neutral property
ARTICLE 15th. found on board such enemy's ves- Allother merchandises and things, sels shall be held and considered not comprehended in the articles of as enemy's property, and as such contraband explicitly enumerated shall be liable to detention and con- and classified, as above, shall be fiscation, except such property as held and considered as free, and was put on board such vessel be- subjects of free and lawful comfore the declaration of war, or even merce, so that they may be carried afterwards, if it were done without and transported in the freest man. the knowledge of it; but the con- ner by both the contracting parties, tracting parties agree, that two even to places belonging to an months having elapsed after the enemy, excepting only those pladeclaration, their citizens shall not ces which are at that time besieplead ignorance thereof. On the ged or blocked up; and to avoid all contrary, if the flag of the neutral doubt in this particular, it is dedoes not protect the enemy's pro- clared that those places only are