sanction such violation, under pain of rendering itself liable for the consequences thereof. 3d Should, unfortunately, any of the provisions contained in the present treaty be violated or infringed in any other manner whatever, it is expressly stipulated and agreed that neither of the contracting parties shall order or authorize any act of reprisals, nor declare nor make war against the other on complaint of injuries or damages resulting therefrom, until the party considering itself aggrieved shall first have presented to the other a statement or representation of such injuries or damages, verified by competent proofs, and, demanded redress and satisfaction, and the same shall have been either refused or unreasonably delayed. 4th Nothing contained in this treaty shall, however be construed to operate contrary to former and existing public treaties with other nations or sovereigns. The present treaty of friendship, commerce, and navigation shall. be approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by the President of the Republic of Peru, with the approbation of the Congress thereof, and the ratifications shall be exchanged at Washington or Lima as soon thereafter as possible. In evidence whereof we, the Plenipotentiaries of the United States of America and of the Republic of Peru, have signed and sealed these presents: at the city of Lima, in duplicate English and Spanish, this the Thirty-first day of August in the year of our Lord one thousand eight hundred and eighty-seven. CHAS W. BUCK [SEAL] CARLOS M. ELIAS [SEAL] PERU-BOLIVIA. CONVENTION OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION. Concluded November 30, 1836; ratification advised by the Senate October 10, 1837; ratified by the President October 14, 1837; ratifications exchanged May 28, 1838; proclaimed October 3, 1838. (Treaties and Conventions, 1889, p. 840.) This convention terminated by the dissolution of the Peru-Bolivia Confederation in 1839. PORTUGAL. 1840. TREATY OF COMMERCE AND NAVIGATION. Concluded August 26, 1840; ratification advised by the Senate February 3, 1841; ratified by the President April 23, 1841; ratifications exchanged April 23, 1841; proclaimed April 24, 1841. (Treaties and Conventions, 1889, p. 891.) This general treaty of fourteen articles was terminated by notice of the Portuguese Government January 31, 1892. Federal case: Oldfield v. Marriott, 10 How., 146. 1851. CLAIMS CONVENTION. Concluded February 26, 1851; ratification advised by the Senate March 7, 1851; ratified by the President March 10, 1851; ratifications exchanged June 23, 1851; proclaimed September 1, 1851. (Treaties and Conventions, 1889, p. 896.) By this convention Portugal agreed to pay the United States $91,727 in full for all claims of American citizens against Portugal, except the claim of the brig General Armstrong, which was referred to an arbitrator. Louis Napoleon, President of France, was appointed arbitrator of the General Armstrong claim, and November 30, 1852, decided that no indemnity was due from Portugal to the United States on account of the claim. 509 PRUSSIA. (SEE ALSO GERMAN EMPIRE AND NORTH GERMAN UNION.) 1785. TREATY OF AMITY AND COMMERCE. Concluded September 10, 1785; ratified by the Congress of the United States May 17, 1786; ratifications exchanged October, 1786. (Treaties and Conventions, 1889, p. 899.) This treaty of twenty-seven articles expired by its own limitations October, 1796, but Article XII was revived by Article XII of the Treaty of 1828, page 518. ARTICLE XII.-NEUTRALITY OF VESSELS. Article 12. If one of the contracting parties, should be engaged in war with any other power, the free intercourse & commerce of the Subjects or Citizens of the party remaining neuter with the belligerent powers shall not be interrupted. On the contrary in that case as in full peace, the Vessel of the neutral party may navigate freely to & from the ports and on the coasts of the belligerent parties, free Vessels making free goods insomuch that all things shall be adjudged free which shall be on board any Vessel belonging to the neutral party, although such things belong to an enemy of the other: and the same freedom shall be extended to persons who shall be on board a free Vessel, although they should be enemies to the other party unless they be soldiers in actual service of such enemy. 1799. TREATY OF AMITY AND COMMERCE. Concluded July 11, 1799; ratification advised by the Senate February 18, 1800; ratified by the President February 19, 1800; ratifications exchanged June 22, 1800; proclaimed November 4, 1800. (Treaties and Conventions, 1889, p. 907.) This treaty expired by its own limitations June 22, 1810; but the provisions of the articles printed hereunder were revived by Article XII of the Treaty of May 1, 1828, p. 518. ARTICLES. XXI. XIII. Detention of contraband goods. XX. Letters of marque. Rules in case of war with common enemy. XXII. Mutual protection of ships XXIII. Protection in case of war. ARTICLE XIII. And in the same case of one of the Contracting Parties being engaged in War with any other Power, to prevent all the difficulties and mis understandings, that usually arise respecting merchandize of contraband, such as arms, ammunition, and military stores of every kind, no such articles, carried in the vessels, or by the subjects or citizens of either Party, to the enemies of the other, shall be deemed contraband so as to induce confiscation or condemnation and a loss of property to individuals. Nevertheless it shall be lawful to stop such vessels and articles, and to detain them for such length of time as the captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding, paying however a reasonable compensation for the loss such arrest shall occasion to the proprietors, and it shall further be allowed to use in the service of the captors, the whole or any part of the military stores so detained, paying the owners the full value of the same, to be ascertained by the current price at the place of its destination. But in the case supposed of a vessel stopped for articles of contraband, if the master of the vessel stopped will deliver out the goods supposed to be of contraband nature, he shall be admitted to do it, and the vessel shall not in that case be carried into any port, nor further detained, but shall be allowed to proceed on her voyage. All cannons, mortars, fire-arms, pistols, bombs, grenades, bullets, balls, muskets, flints, matches, powder, salt-petre, sulphur, cuirasses, pikes, swords, belts, cartouch-boxes, saddles and bridles, beyond the quantity, necessary for the use of the ship, or beyond that which every man serving on board the vessel or passenger ought to have, and in general whatever is comprised under the denomination of arms and military stores, of what description so ever, shall be deemed objects of contraband. ARTICLE XIV. To ensure to the vessels of the two Contracting Parties the advantage of being readily and certainly known in time of War, it is agreed that they shall be provided with the Sea-letters and Documents hereafter specified. 1o, A Passport; expressing the name, the property, and the burthen of the vessel, as also the name and dwelling of the master, which Passport shall be made out in good and due form, shall be renewed as often as the vessel shall return into port, and shall be exhibited whensoever required, as well in the open sea as in port. But if the vessel be under convoy of one or more vessels of War, belonging to the neutral party, the simple declaration of the officer commanding the convoy, that the said vessel belongs to the party of which he is, shall be considered as establishing the fact, and shall relieve both parties from the trouble of further examination. 2o, A Charter-party; that is to say, the contract passed for the freight of the whole vessel; or the bills of lading given for the cargo in detail. 3, The list of the ship's company, containing an indication by name and in detail of the persons composing the crew of the vessel. These documents shall always be authenticated according to the forms established at the place from which the vessel shall have sailed. As their production ought to be exacted only when one of the contracting Parties shall be at war, and as their exhibition ought to have no other object than to prove the neutrality of the vessel, its cargo and company, they shall not be deemed absolutely necessary on board, such vessels belonging to the neutral party, as shall have sailed from its ports before, or within three months after the Government shall have been informed of the State of War, in which the COMPILATION OF TREATIES IN FORCE. belligerent party shall be engaged. In the interval, in default of these specific documents, the neutrality of the vessel may be established by such other evidence as the tribunals authorised to judge of the case may deem sufficient. ARTICLE XV. And to prevent entirely all disorder and violence in such cases, it is stipulated that when the vessels of the neutral party, sailing without convoy, shall be met by any vessel of War, public or private, of the other party, such vessel of war shall not send more than two or three men in their boat on board the said neutral vessel, to examine her Passports and documents. And all persons belonging to any vessel of War, public or private, who shall molest or insult in any manner whatever the people, vessels or effects of the other party shall be responsible in their persons and property for damages and interest; sufficient security for which shall be given by all commanders of private armed vessels before they are commissioned. ARTICLE XVI. In times of War, or in cases of urgent necessity when either of the Contracting Parties, shall be obliged to lay a general embargo, either in all its ports, or in certain particular places, the vessels of the other party, shall be subject to this measure upon the same footing as those of the most favoured Nations, but without having the right to claim the exemption in their favour stipulated in the sixteenth Article of the former Treaty of 1785. But on the other hand the proprietors of the vessel, which shall have been detained whether for some military expedition, or for what other use soever, shall obtain from the Government that shall have employed them an equitable indemnity as well as for the freight, as for the loss occasioned by the delay. And furthermore in all cases of seizure, detention or arrest, for debts contracted, or offences committed by any citizen or subject of the one party, within the jurisdiction of the other, the same shall be made and prosecuted by order and authority of law only, and according to the regular course of proceedings usual in such cases. ARTICLE XVII. If any vessel or effects of the neutral power, be taken by an enemy of the other, or by a pirate, and retaken by the Power at War, they shall be restored to the first proprietor upon the conditions hereafter stipulated, in the twenty-first article for cases of recapture. ARTICLE XVIII. If the citizens or subjects of either party in danger from tempests, pirates, enemies or other accident, shall take refuge with their vessels or effects, within the harbours or jurisdiction of the other, they shall be received, protected and treated with humanity and kindness, and shall be permitted to furnish themselves at reasonable prices, with all refreshments, provisions and other things necessary for their sustenance, health and accomodation, and for the repair of their vessels. |