GUATEMALA.

1849."

TREATY OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION.

ncluded March 3, 1849; ratification advised by the Senate September 24, 1850; time for exchange of ratifications extended by the Senate September 27, 1850, and again June 7, 1852; ratified by the President November 14, 1850; ratifications exchanged May 13, 1852; proclaimed July 28, 1852.

The United States of America and the Republic of Guatemala, deng to make firm and permanent the peace and friendship which pily prevails between both nations, have resolved to fix, in a manclear, distinct, and positive, the rules which shall in future be giously observed between the one and the other, by means of a ty or general convention of peace, friendship, commerce, and igation.

or this most desirable object the President of the United States America has conferred full powers on Elijah Hise, Chargé ffaires of the United States near the Government of the Republic Guatemala and the Executive Power of the Government of the 1 Republic on the Sr. Licdo. Dn. José Mariano Rodriguez, Secre7 of State and of the Department of Foreign Relations; who, er having exchanged their said full powers in due and proper n, have agreed to the following articles:

ARTICLE I.

here shall be a perfect, firm, and inviolable peace and sincere ndship between the United States of America and the Republic

This treaty was terminated by notice November 4, 1874.

of Guatemala, in all the extent of their possessions and territories, and between their people and citizens respectively, without distinction of persons or places.

ARTICLE II.

The United States of America and the Republic of Guatemala, desiring to live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all engage mutually not to grant any particular favor to other nations in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely if the concession was freely made, or on allowing the same compensa tion, if the concession was conditional.

ARTICLE III.

the

The two high contracting parties, being likewise desirous of plac ing the commerce and navigation of their respective countries on th liberal basis of perfect equality and reciprocity, mutually agree the citizens of each may frequent all the coasts and countries of th other, and reside and trade there in all kinds of produce, manufa tures, and merchandise; and they shall enjoy all the rights, privileges and exemptions in navigation and commerce which native citize do or shall enjoy, submitting themselves to the laws, decrees, ar usages there established, to which native citizens are subjected. B it is understood that this article does not include the coasting tra of either country, the regulation of which is reserved to the partie respectively, according to their own separate laws.

ARTICLE IV.

They likewise agree that whatever kind of produce, manufacture. merchandise of any foreign country can be from time to time lawful imported into the United States in their own vessels, may be als imported in vessels of the Republic of Guatemala; and that no high or other duties upon the tonnage of the vessel or her cargo shall levied and collected, whether the importation be made in vessels the one country or of the other; and, in like manner, that whateve kind of produce, manufacture, or merchandise of any foreign count can be from time to time lawfully imported into the Republic Guatemala in its own vessels, may be also imported in vessels of t United States, and that no higher or other duties upon the tonnage the vessel or her cargo shall be levied and collected, whether the portation be made in vessels of the one country or of the other. A they further agree that whatever may be lawfully exported or exported from the one country in its own vessels to any foreign co try, may be in like manner exported or re-exported in vessels of th other country. And the same bounties, duties, and drawbacks shall allowed and collected, whether such exportation or re-exportation: made in vessels of the United States or of the Republic of Guatema

ARTICLE V.

No higher or other duties shall be imposed on the importation) the United States of any articles the produce or manufactures of Republic of Guatemala, and no higher or other duties shall be in

posed on the importation into the Republic of Guatemala of any articles the produce or manufactures of the United States, than are or shall be payable in like articles being the produce or manufactures of any other foreign country; nor shall any higher or other duties or charges be imposed in either of the two countries on the exportation of any articles to the United States or to the Republic of Guatemala, respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed on the exportation or importation of any articles the produce or manufactures of the United States or of the Republic of Guatemala, to or from the territories of the United States, or to or from the territories of the Republic of Guatemala, which shall not equally extend to all other nations.

ARTICLE VI.

It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of both countries to manage themselves their own business in all the ports and places subject to the jurisdiction of each other, as well with respect to the consignment and sale of their goods and merchandise, by wholesale or retail, as with respect to the loading, unloading, and sending off their ships; they being in all these cases to be treated as citizens of the country in which they reside, or at least to be placed on a footing with the subects or citizens of the most favoured nation.

ARTICLE VII.

The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, merchandise, or effects, for any military expedition, nor for any public or private purpose whatever, without allowing to those interested a sufficient ndemnification.

ARTICLE VIII.

Whenever the citizens of either of the contracting parties shall be orced to seek refuge or asylum in the rivers, bays, ports, or dominons of the other with their vessels, whether merchant or of war, pubic or private, through stress of weather, pursuit of pirates or enemies, hey shall be received and treated with humanity, giving to them all avour and protection for repairing their ships, procuring provisions, nd placing themselves in a situation to continue their voyage withut obstacle or hindrance of any kind.

ARTICLE IX.

All the ships, merchandise, and effects belonging to the citizens of ne of the contracting parties, which may be captured by pirates, hether within the limit of its jurisdiction or on the high seas, and ay be carried or found in the rivers, roads, bays, ports, or dominons of the other, shall be delivered up to the owners, they proving à due and proper form their rights before the competent tribunals; being well understood that the claim should be made within the rm of one year, by the parties themselves, their attorneys, or agents E their respective Governments.

ARTICLE X.

When any vessel belonging to the citizens of either of the contracting parties shall be wrecked, foundered, or shall suffer any damage on the coasts, or within the dominions of the other, there shall be given to them all assistance and protection, in the same manner which is usual and customary with the vessels of the nation where the damage happens, permitting them to unload the said vessel (if necessary) of its merchandise and effects, without exacting for it any duty, impost, or contribution whatever, provided the same be exported.

ARTICLE XI.

The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament, or otherwise, and their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestato, and they may take possession thereof, by themselves, or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country where said goods are or shall be subject to pay in like cases. And if, in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance on account of their character of aliens, there shall be granted to them the term of three years to dispose of the same as they may think proper, and to withdraw the proceeds, without molestation, and exempt from all duties of detraction on the part of the Government of the respec tive States.

ARTICLE XII.

Both the contracting parties promise and engage formally to give their special protection to the persons and property of the citizens of each other, of all occupations, who may be in the territories subject to the jurisdiction of the one or of the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial recourse, on the same terms which are usual and cus tomary with the natives or citizens of the country in which they may be; for which they may employ, in defence of their rights, such adve cates, solicitors, notaries, agents, and factors as they may judge proper in all their trials at law; and such citizens or agents shall have free opportunity to be present at the decisions and sentences of the tr bunals in [all] cases which may concern them, and likewise at the taking of all examinations and evidence which may be exhibited in the said trials.

ARTICLE XIII.

It is likewise agreed that the most perfect and entire security of con science shall be enjoyed by the citizens of both the contracting parties in the countries subject to the jurisdiction of the one and the other without their being liable to be disturbed or molested on account of

• The word Todo appears in the Spanish text but its equivalent all does not appear in the English text of the treaty.

their religious belief, so long as they respect the laws and established usages of the country. Moreover, the bodies of the citizens of one of the contracting parties who may die in the territories of the other shall be buried in the usual burying-grounds, or in other decent or suitable places, and shall be protected from violation or disturbance.

ARTICLE XIV.

It shall be lawful for the citizens of the United States of America und of the Republic of Guatemala to sail with their ships, with all nanner of liberty and security, no distinction being made who are the >roprietors of the merchandise laden thereon, from any port, to the places of those who now are or hereafter shall be at enmity with ither of the contracting parties. It shall likewise be lawful for the itizens aforesaid to sail with the ships and merchandises before menioned, and to trade with the same liberty and security, from the laces, ports, and havens of those who are enemies of both or either arty, without any opposition or disturbance whatsoever, not only irectly from the places of the enemy before mentioned to neutral -laces, but also from one place belonging to an enemy to another place elonging to an enemy, whether they be under the jurisdiction of one Power or under several. And it is hereby stipulated that free ships hall also give freedom to goods, and that everything shall be deemed o be free and exempt which shall be found on board the ships beonging to the citizens of either of the contracting parties, although he whole lading or any part thereof should appertain to the enemies f either, contraband goods being always excepted. It is also agreed, a like manner, that the same liberty be extended to persons who are board a free ship, with this effect, that although they be enemies both or either party, they are not to be taken out of that free ship less they are officers or soldiers, and in the actual service of the emies; provided, however, and it is hereby agreed, that the stipulaons in this article contained, declaring that the flag shall cover the roperty, shall be understood as applying to those Powers only who cognize this principle; but if either of the two contracting parties all be at war with a third and the other neutral, the flag of the eutral shall cover the property of enemies whose Governments knowledge this principle, and not of others.

ARTICLE XV.

It is likewise agreed that in the case where the neutral flag of one of e contracting parties shall protect the property of the enemies of e other, by virtue of the above stipulation, it shall always be underod that the neutral property found on board such enemy's vessels all be held and considered as enemy's property, and as such shall be ble to detention and confiscation, except such property as was put board such vessel before the declaration of war, or even afterwards, it were done without the knowledge of it; but the contracting parsagree that, two months having elapsed after the declaration, their izens shall not plead ignorance thereof. On the contrary, if the g of the neutral does not protect the enemy's property, in that case goods and merchandises of the neutral embarked in such enemy's p shall be free.

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