be a rupture between the two Republics, it is from this moment solemnly and perpetually stipulated that the citizens of the one resident in or passing through the other, shall not be obliged to leave the country except for the same causes and by the same roads as those established or to be established for the citizens of the Republic where they reside, or through which they are passing; nor shall they be molested in the lawful exercise of their profession, employment or trade. It is moreover agreed that even in the event of hostilities, they shall only be carried on by the Chiefs and officers with the troops under their command, duly authorized by their respective Governments, except in the case of a sudden invasion or in defence of private property. Also that the towns shall not be sacked or set fire to; and that the lives of prisoners and peaceable citizens shall be respected; nor shall the mercantile relations between the towns and inhabitants of the two Republics be interrupted either by sea or land; they shall accordingly be allowed to trade freely in all kinds of merchandize and goods, the importation of which may be allowed, or which are not contraband of war, with their own ships, carriages or beasts of burthen, without being liable to embargo or sequestration in the way of hostility. From this liberty of trade and commerce are alone excepted the territories where hostilities are actually carried on, and the places which are besieged or blockaded by a force sufficient to prevent entrance into them.

XVII. Both Contracting Parties in order to avoid the impediments which a war carried on by either Republic against one or more other nations might occasion to their commerce, have agreed and do stipulate here that they admit and recognize the principle that the flag covers the property and persons, with the exception of the military belonging to the hostile nation or nations. It shall accordingly be lawful for the citizens of both Republics, in such case, to trade with the nations hostile to the Republic, and with others, whether hostile or neutral, without let or hindrance to their vessels in any way, whoever may be the the owners of the merchandize on board, articles contraband of war found on board a vessel bound for an enemy's port being alone subject to confiscation; it being understood that the agreements and stipulations of this Article apply only to the property and citizens of the nations whose Governments recognize and admit the principle which it establishes.

This freedom of commerce does not extend to the hostile places which are besieged or blockaded by a force sufficient to prevent entrance into them.

XVIII. It is likewise stipulated that if either of the Contracting Parties should be at war with a third Power, and the other remains neutral, the property of the latter and of its citizens which shall be found on board the enemy's vessels shall be liable to confiscation,

unless it be proved that such property was embarked previous to the declaration of war, or within the space of two months after, without their having had notice of it.

An exception to this general rule is made when the Power at war with one of the Contracting Parties does not recognize the principle that the flag covers the property; in such case the property of the other Contracting Party and of its citizens, found on board the enemy's vessels, shall be free.

XIX. Neither of the Contracting Parties shall afford assistance of any kind to the enemies of the other, for the purpose of facilitating or aiding the operations of war; nor shall either of them permit within its territory and with the object of hostilities or of fomenting disturbances, the enlisting or enrolment of men, the organization of troops, or the armament or manning of vessels of war or of privateers.

XX. In order to a clear understanding of the preceding Articles X and XVII, it has been agreed to specify here those things, which are to be considered as contraband of war, and they are as follows:

1st. Pieces of artillery of all classes and calibres, and their mountings, carriages, tools, and projectiles, powder, matches, and flints; firelocks, carbines, muskets, rifles, blunderbusses, pistols, and their respective ammunition; bayonets, pikes, lances, swords, sabres, spears and halberts.

2nd. Bucklers, helmets, breast-plates, coats of mail, morions, accoutrements, belts, and military uniforms.

3rd. And generally all kinds of arms, offensive and defensive, or instruments of whatever material or form expressly constructed for making war by sea or land.

4th. Horses and harness.

5th. The provisions which are on their way to a place besieged or blockaded by a force sufficient to prevent the entrance into it.

XXI. The two Contracting Parties bind themselves to retain in vigour all the laws and regulations now in force in both Republics for the abolition of the slave trade, and to adopt any measures which may be deemed necessary in order to prevent their citizens or inhabitants from engaging or taking part in that trade.

XXII. Each of the Contracting Parties may appoint Consuls or Vice-Consuls in the mercantile ports and places in the territory of the other, in order to promote the progress of its commerce, and to afford the most effectual protection to the interests and rights of its citizens; which Consuls or Vice-Consuls, after having been admitted in the usual form, shall enjoy in the country of their residence the same privileges and immunities which may have been or may be granted in future to the most favoured nation.

XXIII. If either of the Contracting Parties should at any

future time grant to any other nation any particular favour in regard to matters of commerce or navigation, this favour shall immediately be extended to the other party, gratuitously if the concession be gratuitous, or liable to the same conditions should it be conditional.

XXIV. The Contracting Parties desiring to maintain their friendly relations as firmly and durably as human foresight permits, have agreed and do agree that if any of the citizens of either Republic should infringe any one or more of the stipulations of the present Treaty, the offender shall be personally responsible, and the harmony and good understanding between the two Governments shall not be disturbed or interrupted thereby; each Party engaging not in any way to protect the offender in order to save him from the trial he would be liable to undergo before the tribunals of the country to which the judgment belongs, much less to sanction such infractions.

XXV. If unfortunately, which indeed cannot be expected, one or more of the Articles of the present Treaty should be infringed or violated by one of the two Governments, the Contracting Parties agree that the other Articles relating to different matters or having no connection therewith, shall be considered as always valid and in force, and shall be religiously observed by both Republics.

XXVI. Until the territorial limits between the two Republics shall have been arranged in the manner which may appear most fitting by a special Convention, those which, according to the law of Colombia of 25th June, 1824, separated the ancient departments of Cauca and Equator, shall continue to be mutually recognized. They likewise engage themselves mutually to assist each other in upholding the integrity of the territory of the ancient Republic of Colombia which appertains to each of them.

XVII. The duration of the present Treaty, by which those concluded at Pasto, 8th December, 1832, are annulled and cancelled shall be for 12 years, reckoning from the day of the exchange of the ratifications, in regard to the Articles relating to commerce and navigation, and perpetual in regard to those relating to the political relations between the two Republics. In respect to the former it is, notwithstanding, stipulated that if neither of the Contracting Parties notify to the other its intention to alter such Articles, totally or in part, one year before the termination of the 12 fixed for their duration, they shall continue in force and vigour until one year after either of the Contracting Parties shall have notified its wish to alter them.

XXVIII. The present Treaty of Friendship, Commerce, and Navigation shall be ratified by the President or by the person empowered by the Executive Power of the Republic of New Granada

and by the President, or the person empowered by the Executive Power of the Republic of the Equator, with the previous consent of the Congress thereof; and the ratifications shall be exchanged in Bogotá or in Quito within the term of 14 months, or sooner if possible.

In faith whereof we, the Plenipotentiaries of the two Republics, have signed the same, and affixed thereto our respective private seals, at Bogotâ, the 9th July, 1856.

(L.S.) LINO DE POMBO.

(L.S.) TEODORO GOMEZ DE LA TORRE.

TREATY of Friendship, Commerce and Navigation, between the Argentine Confederation, Prussia, and the other States of the Zollverein.-Paraná, September 19, 1857.

[Ratifications exchanged at Paraná, June 3, 1859.]

(Translation.)

HIS Excellency the President of the Argentine Confederation, on the one part, and on the other part His Majesty the King of Prussia, for himself and in the name, and as representing the Sovereign States and parts of Sovereign States united in the same system of Customs; that is to say :-The Grand Duchy of Luxembourg, the territories of Mecklenburgh Rossou, Netzeband, and Schonberg, the Principality of Oldenburg-Birkenfeld, the Duchies of Anhalt-Dessau-Koethen, and Anhalt-Bernberg, the Principalities of Waldeck and Pyrmont; the Principality of Lippe, and the Upper Bailiwick of Meisenheim, a dependency of the Langraviat of Hesse; and also in the name of the other members of the German Zollverein and Handelsverein, that is to say:-The Crown of Bavaria, the Crown of Saxony, the Crown of Hanover, and the Crown of Wurtemberg, the Grand Duchy of Baden, the Electorate of Hesse, the Grand Duchy of Hesse, and the Bailiwick of Homburg, a dependency of the Landgraviat of Homburg represented by the Grand Duchy of Hesse, in the name of the States which form the Zollverein and Handelsverein of Thuringia, that is to say :-' :-The Grand Duchy of Saxony, the Duchies of Saxe-Meiningen, SaxeAltenburg, Saxe-Coburg and Gotha; the Principalities of Schwarzburg-Rudoldstadt, and Schwarzburg-Sondershausen, Reuss of the elder branch, and Reuss of the younger branch, the Duchy of Brunswick, the Duchy of Oldenburg, the Duchy of Nassau, and the free city of Frankfort,-being desirous of extending and confirming the relations of friendship, commerce, and navigation, between the Argentine Confedration and the States of the Zollverein, have considered it right and fitting to negotiate and conclude a Treaty for

the fulfilment of this object; and to that end have named as their Plenipotentiaires; that is to say:

His Excellency the President of the Argentine Confederation; Sr. Dr. Don Bernabé Lopez, his Secretary of State for Foreign Affairs; and

His Majesty the King of Prussia; Herr Hermann Herbort Friedrich von Gülich, his Chargé d'Affaires and Consul-General; who, having communicated their respective full powers, which were found in good and due form, have agreed upon the following Articles:

ART. I. There shall be perpetual friendship between the Argentine Confederation and its citizens on the one part, and the States of the Zollverein and their subjects on the other part.

II. There shall be reciprocal freedom of commerce between the territories of the Argentine Confederation and the States of the Zollverein. The citizens and subjects of the two Contracting Parties may freely and securely go, with their ships and cargoes, to all such places, ports, and rivers of either party, to which other foreigners, or the ships and cargoes of any other nation or State are or may be permitted to go; they may enter into the same, and remain and reside in any part of them; they may hire and occupy houses and warehouses for their residence and commerce; they may trade in all kinds of produce, manufactures, and merchandize of every sort, subject to the laws of the country, and generally they shall enjoy in all their affairs the most complete protection and security, subject always to the laws and ordinances of the country.

In the same manner the ships of war, merchant-vessels, mailboats, and packets of the contracting parties may freely and securely go to all the ports, rivers, and places into which the ships of war and packets of any other nation are or may hereafter be permitted to enter; they may enter, anchor, remain, and repair, always subject to the laws and customs of the country.

III. The two Contracting Parties agree, that whatever favour, exemption, privilege, or immunity one of them may have conceded, or may hereafter concede, in respect of commerce or navigation to the citizens or subjects of any other Government, nation, or State, shall be extended in identity of circumstances to the citizens and subjects of the other Contracting Party, gratuitously, if the concession in favour of that other Government, nation, or State has been gratuitous, or for an equivalent consideration if the concession has been conditional.

IV. No other or higher duties shall be imposed in the territories of either of the two Contracting Parties on the importation of articles of natural produce or of industrial or manufacturing produce of the territories of the other Contracting Party than those which

*See also Separate Article, page 1282.