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TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF LIBERIA. CONCLUDED AT LONDON, OCTOBER 21, 1862; RATIFICATIONS EXCHANGED FEBRUARY 17, 1863; PROCLAIMED MARCH 18, 1863.
The United States of America and the Republic of Liberia, desiring to fix, in a permanent and equitable manner, the rules to be observed in the intercourse and commerce they desire to establish between their respective countries, have agreed, for this purpose, to conclude a treaty of commerce and navigation, and have judged that the said end cannot be better obtained than by taking the most perfect equality and reciprocity for the basis of their agreement; and to effect this, they have named as their respective plenipotentiaries, that is to say:
The President of the United States of America, Charles Francis Adams, Envoy Extraordinary and Minister Plenipotentiary of the United States of America at the Court of St. James; and the Republic of Liberia, His Excellency Stephen Allen Benson, President thereof; Who, after having communicated to each other their respective fullpowers, found in good and due form, have agreed upon the following articles:
There shall be perpetual peace and friendship between the United States of America and the Republic of Liberia, and also between the citizens of both countries.
There shall be reciprocal freedom of commerce between the United States of America and the Republic of Liberia. The citizens Reciprocal freedom of the United States of America may reside in and trade to of commerce. any part of the territories of the Republic of Liberia to which any other foreigners are or shall be admitted. They shall enjoy full protection for their persons and properties; they shall be allowed to buy from and to sell to whom they like, without being restrained or prejudiced by any monopoly, contract, or exclusive privilege of sale or purchase whatever; and they shall, moreover, enjoy all other rights and privileges which are or may be granted to any other foreigners, subjects, or citizens of the most favored nation. The citizens of the Republic of Liberia shall, in return, enjoy similar protection and privileges in the United States of America and in their territories.
No tonnage, import, or other duties or charges shall be levied in the Republic of Liberia on United States vessels, or on goods imported or exported in United States vessels, beyond what
are or may be levied on national vessels, or on the like goods imported
or exported in national vessels; and in like manner no tonnage, import, or other duties or charges shall be levied in the United States of America and their territories on the vessels of the Republic of Liberia, or on goods imported or exported in those vessels, beyond what are or may be levied on national vessels, or on the like goods imported or exported in national vessels.
Merchandise or goods coming from the United States of America in any vessels, or imported in United States vessels from any country, shall not be prohibited by the Republic of Liberia, nor be subject to higher duties than are levied on the same kinds of merchandise or goods coming from any other foreign country or imported in any other foreign vessels. All articles the produce of the Republic of Liberia may be exported therefrom by citizens of the United States and United States vessels on as favorable terms as by the citizens and vessels of any other foreign country.
In like manner all merchandise or goods coming from the Republic of Liberia in any vessels, or imported in Liberian vessels from any country, shall not be prohibited by the United States of America, nor be subject to higher duties than are levied on the same kinds of merchandise or goods coming from any other foreign country or imported in any other foreign vessels. All articles the produce of the United States, or of their territories, may be imported therefrom by Liberian citizens and Liberian vessels on as favorable terms as by the citizens and vessels of any other foreign country.
When any vessel of either of the contracting parties shall be wrecked, foundered, or otherwise damaged on the coasts or within the territories of the other, the respective citizens shall receive the greatest possible aid, as well for themselves as for their vessels and effects. All possible aid shall be given to protect their property from being plundered and their persons from ill treatment. Should a dispute arise as to the salvage, it shall be settled by arbitration, to be chosen by the parties respectively.
It being the intention of the two contracting parties to bind themselves by the present treaty to treat each other on the footing of the most favored nation, it is hereby agreed between them that any favor, privilege, or immunity whatever in matters of commerce and navigation, which either contracting party has actually granted, or may hereafter grant, to the subjects or citizens of any other State, shall be extended to the citizens of the other contracting party, gratuitously, if the concession in favor of that other State shall have been gratuitous, or in return for a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional.
Each contracting party may appoint consuls for the protection of trade, to reside in the dominions of the other; but no such consul shall enter upon the exercise of his functions until he shall have been approved and admitted, in the usual form, by the Government of the country to which he is sent.
The United States Government engages never to interfere, unless solicited by the Government of Liberia, in the affairs between the aboriginal inhabitants and the Government of the Republic of Liberia, in the jurisdiction and territories of the Republic. Should any United States citizen suffer loss, in person or property, from violence by the aboriginal inhabitants, and the Government of the Republic of Liberia should not be able to bring the aggressor to justice, the United States Government engages, a requisition having been first made therefor by the Liberian Government, to lend such aid as may be required. Citizens of the United States residing in the territories of the Republic of Liberia are desired to abstain from all such intercourse with the aboriginal inhabitants as will tend to the violation of law and a disturbance of the peace of the country.
The present treaty shall be ratified, and the ratifications exchanged at London, within the space of nine months from the date hereof.
In testimony whereof the Plenipotentiaries before mentioned have hereto subscribed their names and affixed their seals. Done at London the twenty-first day of October, in the year one thousand eight hundred and sixty-two.
CHARLES FRANCIS ADAMS. [SEAL.]
TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE QUEEN OF MADAGASCAR. CONCLUDED FEBRUARY 14, 1867; RATIFICATIONS EXCHANGED JULY 8, 1868; PROCLAIMED OCTOBER 1, 1868.
Treaty between the Government of the United States of America and of Her Majesty the Queen of Madagascar.
Between Rainimaharavo, Chief Secretary of State, 16 vtra., Andriantsitohaina, 16 vtra., Rafaralahibemalo, head of the civilians, Contracting parties. on the part of the Government of Her Majesty the Queen of Madagascar, and Major John P. Finkelmeier, the Commercial Agent of the U. S. for Madagascar, on the part of the Government of the U. S. of America, all duly authorized to that effect by their respective Governments, the following articles of a comercial treaty have this day been drawn up and signed by mutual agreement:
Her Majesty Rasoherina Manjaka, Queen of Madagascar, and his Peace and friend. Excellency Andrew Johnson, President of the U. S. of America, both desirous, for the good and welfare of their respective countries, to enter into a more close comercial relation and friendship between the subjects of Her Majesty and the people of the U. S., hereby solemnly declare that peace and good friendship shall exist between them and their respective heirs and successors forever without war.
The dominions of each contracting party, as well as the right of domicil of their inhabitants, are sacred; and no forcible Right of domicile. possession of territory shall ever take place in either of them by the other party, nor any domiciliary visits or forcible entries be made to the houses of either party against the will of the occupants. But whenever it is known for certain, or suspected, that transgressors against the laws of the Kingdom are in certain premises, they may be entered in concert with the U. S. Consul, or, in his absence, by a duly authorized officer, to look after the offender.
The right of sovereignty shall in all cases be respected in the dominions of one Government by the subjects or citizens of the other. Citizens of the U. S. of America shall, while in Madagascar, enjoy the privilege of free and unmolested exercise of the Christian religion and its customs; new places of worship, however, shall not be builded by them without the permission of the Government. They shall enjoy full and complete protection and security for themselves and their property, equally with the subjects of Madaand property. gascar; the right to lease or rent land, houses, or store
Rights of persons
houses for a term of months or years mutually agreed upon between the owners and American citizens; build houses and magazines on land leased by them, in accordance with the laws of Madagascar for buildings; hire labourers, not soldiers, and if slaves, not without permission of their masters.
Should the Queen, however, require the services of such labourers, or if they should desire, on their own account, to leave, they shall be at liberty to do so, and be paid up to the time of leaving, on giving previous notice.
Contracts for renting or leasing land or houses or hiring labourers may be executed by deeds signed before the U. S. Consul and the local authorities. They also shall be permitted to trade or pass with their merchandise through all parts of Madagascar which are under the controle of a Governor, duly appointed by Her Majesty, with the exception of Ambohimanga, Ambohimanambola, and Amparafaravato, which places foreigners are
not permitted to enter, and, in fact, be entitled to all privileges of comerce granted to other favoured nations.
The subjects of Her Majesty the Queen of Madagascar shall enjoy the same privileges in the U. S. of America.
Comerce between the people of America and Madagascar shall be perfectly free, with all the privileges under which the most favoured nations are now or may hereafter be trading. Citizens of America shall, however, pay a duty, not exceeding ten per cent. on both exports and imports in Madagascar, to be regulated by a tariff mutually agreed upon, with the following exceptions: Munition of war, to be imported only by the Queen of Madagascar into her dominions, or by her order. Prohibited from export by the laws of Madagascar are munition of war, timber, and cows. No other duties, such as tonnage, pilotage, quarantine, light-house dues, shall be imposed in ports of either country on the vessels of the other to which national vessels or vessels of the most favoured nations shall not equally be liable.
Ports of Madagascar, where there is no military station under the controle of a Governor, must not be entered by U. S. vessels.
Each contracting party may appoint consuls, to reside in the dominions of each other, who shall enjoy all privileges granted to consuls of the most favoured nations, to be witness of the good relationship existing between both nations and to regulate and protect commerce.
Rights of citizens.
Citizens of the U. S. who enter Madagascar, and subjects of Her Majesty the Queen of Madagascar, while sojourning in America, are subject to the laws of trade and comerce in the respective countries. In regard to civil rights, however, whether of person or property, of American citizens, or in cases of criminal offences, they shall be under the exclusive civil and criminal jurisdiction of their own consul only, duly invested with the necessary powers.
But should any American citizen be guilty of a serious criminal offence against the laws of Madagascar, he shall be liable to banishment from the country.