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held and considered as free, and circumstanced may be turned away subjects of free and lawful com- from such port or place, but shall merce, so that they may be carried not be detained, nor shall any part and transported in the freest man- of her cargo, if not contraband, ner by both the contracting parties, be confiscated, unless, after warneven to places belonging to an ene- ing of such blockade or investmy, excepting only those places ment, from the commanding officer which are at that time besieged or of the blockading forces, she shall blockaded ; and to avoid all doubt again attempt to enter ; but she in this particular, it is declared that shall be permitted to go to any those places only are besieged or other port or place she shall think blockaded which are actually at proper. Nor shall any vessel of tacked by a belligerent force ca- either, that may have entered into pable of preventing the entry of such port before the same was acthe neutral.
tually besieged, blockaded, or inARTICLE 18th.
vested, by the other, be restrained The articles of contrabard, be- from quitting such place, with her fore enumerated and classified, cargo, nor, if found therein, after which may be found in a vessel the reduction and surrender, shall bound for an enemy's port, shall such vessel or her cargo be liable be subject to detention and con- to confiscation, but they shall be fiscation, leaving free the rest of restored to the owners thereof. the cargo and the ship, that the
ARTICLE 20th. owners may dispose of them as In order to prevent all kind of they see proper. No vessel of disorder in the visiting and examieither of the two nations shall be nation of the ships and cargoes of detained on the high seas on ac- both the contracting parties on the count of having on board articles high seas, they have agreed, mutu. of contraband, whenever the mas- ally, that whenever a vessel of war, ter, captain, or supercargo of said public or private, shall meet with vessels will deliver up the articles a neutral of the other contracting of contraband to the captor, unless party, the first shall remain out of the quantity of such articles be so cannon shot, and may send its boat, great and of so large a bulk that with two or three men only, in orthey cannot be received on board der to execute the said examinathe capturing ship without great tion of the papers concerning the inconvenience ; but in this, and in ownership and cargo of the vessel, all other cases of just detention, without causing the least extortion, the vessel detained shall be sent to violence, or ill treatment, for which the nearest convenient and safe the commanders of the said armed port, for trial and judgment, ac- ships shall be responsible with their cording to law.
persons and property ; for which ARTICLE 19th.
purpose the commanders of said And whereas it frequently hap- private armed vessels shall, before pens that vessels sail for a port receiving their commissions, give or place belonging to an enemy, sufficient security to answer for all without knowing that the same is the damages they may commit. besieged, blockaded, or invested, And it is expressly agreed, that it is agreed, that every vessel so the neutral party shall in no case
be required to go on board the ex- and when said vessels shall be unamining vessel, for the purpose of der convoy, the verbal declaration exhibiting her papers, or for any of the commander of the convoy, other purpose whatever.
on his word of honor, that the ves. ARTICLE 21st.
sels under his protection belong to To avoid all kind of vexation the nation whose flag he carriesand abuse in the examination of and when they are bound to an the papers relating to the owner- enemy's port, that they have no ship of the vessels belonging to contraband goods on board, shall the citizens of the two contracting be sufficient. parties, they have agreed, and do
ARTICLE 23d. agree, that in case one of them. It is further agreed, that in all should be engaged in war, the cases the established courts for ships and vessels belonging to the prize causes, in the country to citizens of the other must be fur- which the prizes may be conductnished with sea letters or passports, ed, shall alone take cognisance of expressing the name, property, and them. And whenever such tribubulk of the ship, as also the name nal of either party shall pronounce and place of habitation of the mas- judginent against any vessel or ter or commander of said vessel, in goods, or property claimed by the order that it may thereby appear citizens of the other party, the that the ship really and truly be sentence or decree shall mention longs to the citizens of one of the the reasons or motives on which parties; they have likewise agreed, the same shall have been founded, that such ships being laden, be- and an authenticated copy of the sides the said sea-letters or pass- sentence or decree, and of all the . ports, shall also be provided with proceedings in the case, shall, if certificates, containing the several demanded, be delivered to the particulars of the cargo, and the commander or agent of said ves. place whence the ship sailed, so sel, without any delay, he paying that it may be known whether any the legal fees for the same. forbidden or contraband goods be
ARTICLE 24th. on board the same: which certifi- Whenever one of the contract. cates shall be made out by the ing parties shall be engaged in officers of the place whence the war with another state, no citizen ship sailed, in the accustomed of the other contracting party shall form; without which requisites, accept a commission, or letter of said vessel may be detained to be marque, for the purpose of assisting adjudged by the competent tribu- or co-operating hostilely, with the nal, and may be declared legal said enemy, against the said party prize, unless the said defects shall so at war, under the pain of being be satisfied or supplied by testi- treated as a pirate. mony entirely equivalent.
If, by any fatality, which cannot It is further agreed, that the be expected, and which God forstipulations above expressed, rela. bid, the two contracting parties tive to the visiting and examina. should be engaged in a war with tion of vessels, shall apply only to each other, they have agreed and those which sail without convov; do agree, now for then, that there
shall be allowed the term of six ministers and public agents of any months to the merchants residing' other power, shall, by the same on the coasts and in the ports of act, be extended to those of each each other, and the term of one of the contracting parties. year to those who dwell in the in
ARTICLE 28th. terior, to arrange their business, To make more effectual the proand transport their effects wherever tection which the United States, they please, giving to them the and the Federation of the Centre of safe conduct necessary for it, which America shall afford in future to may serve as a sufficient protec- the navigation and commerce of tion until they arrive at the desig- the citizens of each other, they nated port. The citizens of all agree to receive and admit consuls other occupations, who may be and vice-consuls in all the ports established in the territories or do- open to foreign commerce, who minions of the United States and shall enjoy in them all the rights, of the Federation of the Centre of prerogatives, and immunities of America shall be respected and the consuls and vice-consuls of the maintained in the full enjoyment most favored nation ; each conof their personal liberty and pro- tracting party, however, remaining perty, unless their particular con- at liberty to except those ports and duct shall cause them to forfeit places in which the admission and this protection ; which, in consi- residence of such consuls may not deration of humanity, the contract seem convenient. ing parties engage to give them.
In order that the consuls and Neither the debts due from in- vice-consuls of the two contractdividuals of the one nation to the ing parties may enjoy the rights, individuals of the other, nor shares, prerogatives, and immunities which nor moneys, which they may have belong to them, by their public in public funds, nor in public or character, they shall, before enterprivate banks, shall ever, in any ing on the exercise of their funcevent of war, or of national differ- tions, exhibit their commission or ence, be sequestered or confiscated. patent, in due form to the governARTICLE 27th.
ment to which they are accredited ; Both the contracting parties be- and having obtained their exequaing desirous of avoiding all ine- tur, they shall be held and consiquality in relation to their public dered as such, by all the authoricommunications and official inter- ties, magistrates, and inhabitants, course, have agreed and do agree, in the consular district in which to grant to the envoys, ministers, they reside. and other public agents, the same
ARTICLE 30th. favors, immunities and exemptions, It is likewise agreed, that the which those of the most favored consuls, their secretaries, officers, nation do or shall enjoy ; it being and persons attached to the service understood, that whatever favors, of consuls, they not being citizens immunities or privileges, the Uni- of the country in which the consul ted States of America or the Fede- resides, shall be exempt from all ration of the Centre of America, public service, and also from all may find it proper to give the kind of taxes, imposts, and contributions, except those which they parties do hereby agree, as soon shall be obliged to pay on account hereafter as circuinstances will of commerce, or their property, to permit them, to form a consular which the citizens and inhabitants, convention, which shall declare native and foreign, of the country specially the powers and immuniin which they reside are subject, ties of the consuls and vice-consuls being in every thing besides subject of the respective parties. to the laws of the respective states.
ARTICLE 33d. The archives and papers of the The United States of America Consulate shall be respected invio and the Federation of the Centre lably, and under no pretext what. of America, desiring to make as ever shall any magistrate seize, or durable as circumstances will perin any way interfere with them. mit, the relations which are to be ARTICLE 31st.
established between the two parThe said consuls shall have ties by virtue of this treaty, or gepower to require the assistance of neral convention of peace, amity, the authorities of the country for commerce, and navigation, have the arrest, detention, and custody declared solemniy, and do agree to of deserters from the public and the following points : private vessels of their country, - 1st. The present treaty shall reand for that purpose they shall main in full force and virtue for address themselves to the courts, the term of twelve years, to be judges, and officers competent, counted from the day of the exand shall demand the said desert change of the ratifications, in all ers in writing, proving by an ex- the parts relating to commerce hibition of the registers of the ves- and navigation ; and in all those sel's or ship's roll, or other public parts which relate to peace and documents, that those men were friendship, it shall be permanently part of the said crews ; and, on and perpetually binding on both this demand so proved, (saving, powers. however, where the contrary is 2dly. If any one or more of the proved,) the delivery shall not be citizens of either party shall inrefused. Such deserters, when ar- fringe any of the articles of this rested, shall be put at the disposal treaty, such citizen shall be held of the said consuls, and may be personally responsible for the put in the public prisons at the re- same, and the harmony and good quest and expense of those who correspondence between the two reclaim them, to be sent to the nations shall not be interrupted ships to which they belonged, or to thereby ; each party engaging in others of the same nation. But if no way to protect the offender, or they be not sent back within two sanction such violation. months, to be counted from the 3 dly. If, (which, indeed, cannot day of their arrest, they shall be be expected,) unfortunately, any of set at liberty, and shall be no more the articles contained in the prearrested for the same cause. sent treaty shall be violated or inARTICLE 32d.
fringed in any other way whatever, For the purpose of more effectu- it is expressly stipulated, that neially protecting their commerce and ther of the contracting parties will navigation, the two contracting order or authorise any acts of re.
MESSAGE of the PRESIDENT concerning the PANAMA Mission.
Washington, March 15, 1826. which the agents of the United To the House of Representatives of States are expected to take part in the United States.
the deliberations of that congress, In compliance with the resolu- I deem it proper to premise, that tion of the house of the 5th ultimo, these objects did not form the only, requesting me to cause to be laid nor even the principal motive for before the house, so much of the my acceptance of the invitation, correspondence between the go. My first and greatest inducement vernment of the United States, and was to meet, in the spirit of kindthe new States of America or their ness and friendship, an overture ministers, respecting the proposed made in that spirit by three sister congress, or meeting of diplomatic republics of this hemisphere. The agents at Panama, and such in- great revolution in human affairs formation respecting the general which has brought into existence, character of that expected con- nearly at the same time, eight gress, as may be in my possession, sovereign and independent nations and as may, in my opinion, be in our own quarter of the globe, communicated without prejudice has placed the United States in a to the public interest ; and also, situation not less novel, and scarceto inform the house, so far as in ly less interesting, than that in my opinion the public interest may which they had found themselves, allow, in regard to what objects by their own transition from a the agents of the United States cluster of colonies to a nation of are expected to take part in the sovereign states. The deliverance deliberations of that congress : 1 of the Southern American repubnow transmit to the house, a re- lics from the oppression under port from the secretary of state, which they had been so long afwith the correspondence and in- flicted, was hailed with great formation requested by the resolu- unanimity by the people of this tion.
union, as among the most auspiWith regard to the objects in cious events of the age. On the