Consular convention to be formed. The following points agreed to. Treaty to remain in force twelve years. Individuals personally responsible for infringements. War not to be declared until remonstrance is made, and satis faction refused. Existing treaties not to be affected. To be ratified within eight months. ARTICLE 33. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit them, to form a consular convention, which shall declare especially the powers and immunities of the consuls and vice consuls of the respective parties. ARTICLE 34. The United States of America and the Republic of Venezuela, desiring to make as durable as circumstances will permit the relations which are to be established between the two parties by virtue of this treaty of peace, amity, commerce and navigation, have declared solemnly, and do agree to the following points: 1st. The present treaty shall remain in full force and virtue for the term of twelve years, to be counted from the day of the exchange of the ratifications, and further, until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of said term of twelve years; and it is hereby agreed between them that, on the expiration of one year after such notice shall have been received by either from the other party, this treaty in all its parts relative to commerce and navigation, shall altogether cease and determine, and in all those parts which relate to peace and friendship, it shall be perpetually and permanently binding on both powers. 2d. If any one of more of the citizens of either party shall infringe any of the articles of this treaty, such citizen shall be held personally responsible for the same, and harmony and good correspondence between the two nations shall not be interrupted thereby, each party engaging in no way to protect the offender, or sanction such violation." 3d. If, (what indeed cannot be expected) unfortunately any of the articles in the present treaty shall be violated or infringed in any other way whatever, it is expressly stipulated, that neither of the contracting parties will order or authorize any act of reprisal, nor declare war against the other, on complaints of injuries or damages, until the said party considering itself offended, shall first have presented to the other a statement of such injuries or damages, verified by competent proofs, and demanded justice, and the same shall have been either refused or unreasonably delayed. 4th. Nothing in this treaty shall, however, be constructed or operate contrary to former and existing public treaties with other sovereigns and states. The present treaty of peace, amity, commerce, and navigation, shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the Republic of Venezuela, with the consent and approbation of the Congress of the same; and the ratifications shall be exchanged in the city of Caracas, within eight months, to be counted from the date of the signature hereof, or sooner if possible. In faith whereof, we, the plenipotentiaries of the United States of Done in the city of Caracas, on the twentieth day of January, in the ARTICULO 33. Para proteger mas efectivamente su comercio y navegacion, las dos partes contratantes se convienen en formar luego que las circunstancias lo permitan, una convencion consular, que declare mas especialmente los poderes é inmunidades de los consules y vice consules de las partes respectivas. ARTICULO 34. La Republica de Venezuela y los Estados Unidos de America, deseando hacer tan duraderas y firmes como las circumstancias lo permitan, las relaciones que han de establecerse entre las dos potencias en virtud del presente tratado de paz, amistad, navegacion y comercio, han declarado solemnemente, y convienen en los puntos siguentes: y 1o. El presente tratado permanecerá en su fuerza y vigor por el termino de doce años, contados desde el dia del cange de las ratificationes, ademas hasta un año despues que cualquiera de las partes contratantes haya notificado á la otra su intencion de terminarlo; reservandose las partes contratantes el derecho de hacer tal notificacion la una á la otra al fin de dicho termino de doce años. Y ademas se ha convenido que este tratado, en todo lo relativo á comercio y navegacion, quedará sin efecto transcurrido que sea un año despues de recibida dicha notificacion por cualquiera de los partes, y en todo lo relativo á paz y amistad, será perpetuamente obligatorio á ambos poderes. 2o. Si alguno ó algunos de los ciudadanos de una ú otra parte infringiesen algunos de los articulos contenidos en el presente tratado, dichos ciudadanos serán personalmente responsables, sin que por esto se interrumpa la armonia y buena correspondencia entre las dos naciones, comprometiendose cada una á no protejer de modo alguno al ofensor, ó sancionar semejante violacion. 3. Si, (lo que á la verdad no puede esperarse) desgraciadamente algunos de los articulos contenidos en el presente tratado fuesen en alguna otra manera violados ó infringidos, se estipula espresamente que ninguna de las dos partes contratantes ordenará ó autorizará ningunos actos de represalia, ni declarará la guerra contra la otra, por quejas de injurias ó daños, hasta que la parte que se crea ofendida, haya presentado á la otra una esposicion de aquellas injurias ó daños, verificada con pruebas y testimonios competentes, exigiendo justicia y satisfaccion, y esto haya sido negado ó diferido sin razon. 4. Nada de cuanto se contiene en el presente tratado, se construirá sin embargo, ni obrará en contra de otros tratados publicos anteriores, y existentes con otros Soberanos ó Estados. El presente Tratado de Paz, Amistad, Comercio, y navigacion será ratificado por el Presidente ó Vice Presidente de la Republica de Venezuela, encargado del Poder Executivo, con consentimiento y aprobacion del Congreso de la misma, y por el Presidente de los Estados Unidos de America, con consejo y aprobacion del Senado de los mismos; y las ratificaciones serán cangeadas en la ciudad de Caracas dentro de ocho meses contados desde este dia, ó antes si fuere posible. En fé de lo cual, nosotros los plenipotenciarios de la Republica de Venezuela y de los Estados Unidos de America, hemos firmado y sellado las presentes. Dadas en la ciudad de Caracas, el dia veinte de Enero, del año del Señor, mil ochocientos treinta y seis, Vigesimosexto de la independencia de Venezuela, y sexâgesimo de la de los Estados Unidos de America. Sept. 16, 1836. Proclamation of the President of the U. S., Jan. 30, 1837. Mutual agreement of the parties to the treaty. Neither party to take commis sions from an enemy. Persons, &c. of one party, captured in an enemy's vessel, to be released. Vessels to have passports. Visit of vessels at sea. American citi This is the copy of the Treaty of Peace which we have made with the Americans and written in this book; affixing thereto our blessed seal, that, with the help of God, it may remain firm forever. Written at Meccanez, the city of Olives, on the 3d day of the month Jumad el lahhar, in the year of the Hegira 1252. (Corresponding to Sept. 16. A. D. 1836.) ART. 1. We declare that both parties have agreed that this treaty, consisting of twenty-five articles, shall be inserted in this book, and delivered to James R. Leib, agent of the United States, and now their resident consul at Tangier, with whose approbation it has been made, and who is duly authorized on their part, to treat with us, concerning all the matters contained therein. ART. 2. If either of the parties shall be at war with any nation whatever, the other shall not take a commission from the enemy, nor fight under their colors. ART. 3. If either of the parties shall be at war with any nation whatever, and take a prize belonging to that nation, and there shall be found on board subjects or effects belonging to either of the parties, the subjects shall be set at liberty, and the effects returned to the owners. And if any goods, belonging to any nation, with whom either of the parties shall be at war, shall be loaded on vessels belonging to the other party, they shall pass free and unmolested, without any attempt being made to take or detain them. ART. 4. A signal, or pass, shall be given to all vessels belonging to both parties, by which they are to be known when they meet at sea; and if the commander of a ship of war of either party shall have other ships under his convoy, the declaration of the commander shall alone be sufficient to exempt any of them from examination. ART. 5. If either of the parties shall be at war, and shall meet a vessel at sea belonging to the other, it is agreed, that if an examination is to be made, it shall be done by sending a boat with two or three men only and if any gun shall be fired, and injury done, without reason, the offending party shall make good all damages. ART. 6. If any Moor shall bring citizens of the United States, or zens and effects their effects, to his Majesty, the citizens shall immediately be set at liberty, and the effects restored; and, in like manner, if any Moor, not a subject of these dominions, shall make prize of any of the citizens to be restored. (a) For the treaty with Morocco of January 1787, see ante, page 100. of America or their effects, and bring them into any of the ports of his Majesty, they shall be immediately released, as they will then be considered as under his Majesty's protection. ART. 7. If any vessel of either party, shall put into a port of the other, and have occasion for provisions or other supplies, they shall be furnished without any interruption or molestation. ART. 8. If any vessel of the United States, shall meet with a disaster at sea, and put into one of our ports to repair, she shall be at liberty to land and reload her cargo, without paying any duty whatever. ART. 9. If any vessel of the United States, shall be cast on shore on any part of our coasts, she shall remain at the disposition of the owners, and no one shall attempt going near her without their approbation, as she is then considered particularly under our protection; and if any vessel of the United States shall be forced to put into our ports by stress of weather, or otherwise, she shall not be compelled to land her cargo, but shall remain in tranquillity until the commander shall think proper to proceed on his voyage. : ART. 10. If any vessel of either of the parties shall have an engagement with a vessel belonging to any of the Christian Powers, within gun-shot of the forts of the other, the vessel so engaged, shall be defended and protected as much as possible, until she is in safety and if any American vessel shall be cast on shore, on the coast of Wadnoon, or any coast thereabout, the people belonging to her, shall be protected and assisted, until by the help of God, they shall be sent to their country. ART. 11. If we shall be at war with any Christian Power, and any of our vessels sails from the ports of the United States, no vessel belonging to the enemy shall follow, until twenty-four hours after the departure of our vessels: and the same regulations shall be observed towards the American vessels sailing from our ports, be their enemies Moors or Christians. ART. 12. If any ship of war belonging to the United States, shall put into any of our ports, she shall not be examined on any pretence whatever, even though she should have fugitive slaves on board, nor shall the governor or commander of the place compel them to be brought on shore on any pretext, nor require any payment for them. ART. 13. If a ship of war of either party shall put into a port of the other, and salute, it shall be returned from the fort with an equal number of guns, not more or less. ART. 14. The commerce with the United States, shall be on the same footing as is the commerce with Spain, or as that with the most favored nation for the time being; and their citizens shall be respected and esteemed, and have full liberty to pass and repass our country and seaports whenever they please, without interruption. ART. 15. Merchants of both countries shall employ only such interpreters, and such other persons to assist them in their business, as they shall think proper. No commander of a vessel shall transport his cargo on board another vessel; he shall not be detained in port longer than he may think proper; and all persons employed in loading or unloading goods, or in any other labor whatever, shall be paid at the customary rates, not more and not less. ART. 16. In case of a war between the parties, the prisoners are not Exchange of to be made slaves, but to be exchanged one for another, captain for cap- prisoners. tain, officer for officer, and one private man for another; and if there No compulsion in buying or selling. No examina. tion of goods on board, except, &c. No detention of vessels. Disputes between Ameri cans, &c. to be decided by the consul, &c. Killing, &c. punishable by the law of the country. Persons dying intestate; care of their effects. Residence of consul. [It is generally at Tangier.] No appeal to arms until refu sal of friendly arrangement. shall prove a deficiency on either side, it shall be made up by the payment of one hundred Mexican dollars for each person wanting. And it is agreed, that all prisoners shall be exchanged in twelve months from the time of their being taken, and that this exchange may be effected by a merchant, or any other person, authorized by either of the parties. ART. 17. Merchants shall not be compelled to buy or sell any kind of goods but such as they shall think proper: and may buy and sell all sorts of merchandise but such as are prohibited to the other Christian nations. ART. 18. All goods shall be weighed and examined before they are sent on board; and to avoid all detention of vessels, no examination shall afterwards be made, unless it shall first be proved that contraband goods have been sent on board; in which case, the persons who took the contraband goods on board, shall be punished according to the usage and custom of the country, and no other person whatever shall be injured, nor shall the ship or cargo incur any penalty or damage whatever. ART. 19. No vessel shall be detained in port on any pretence whatever, nor be obliged to take on board any article without the consent of the commander, who shall be at full liberty to agree for the freight of any goods he takes on board. ART. 20. If any of the citizens of the United States, or any persons under their protection, shall have any dispute with each other, the consul shall decide between the parties; and whenever the consul shall require any aid, or assistance from our Government, to enforce his decisions, it shall be immediately granted to him. ART. 21. If a citizen of the United States should kill or wound a Moor, or, on the contrary, if a Moor shall kill or wound a citizen of the United States, the law of the country shall take place, and equal justice shall be rendered, the consul assisting at the trial; and if any delinquent shall make his escape, the consul shall not be answerable for him in any manner whatever. ART. 22. If an American citizen shall die in our country, and no will shall appear, the consul shall take possession of his effects; and if there shall be no consul, the effects shall be deposited in the hands of some person worthy of trust, until the party shall appear who has a right to demand them; but if the heir to the person deceased be present, the property shall be delivered to him without interruption; and if a will shall appear the property shall descend agreeably to that will, as soon as the consul shall declare the validity thereof. ART. 23. The consul of the United States of America, shall reside in any seaport of our dominions that they shall think proper: and they shall be respected, and enjoy all the privileges which the consuls of any other nation enjoy and if any of the citizens of the United States shall contract any debts or engagements, the consul shall not be in any manner accountable for them, unless he shall have given a promise in writing for the payment or fulfilling thereof; without which promise in writing, no application to him for any redress shall be made. ART. 24. If any differences shall arise by either party infringing on any of the articles of this treaty, peace and harmony shall remain notwithstanding, in the fullest force, until a friendly application shall be made for an arrangement; and until that application shall be rejected, no appeal shall be made to arms. And if a war shall break out between the parties, nine months shall be granted to all the subjects of both parties, to dispose of their effects and retire with their property. And |
