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2. Vessels passing from a port of either of the two States into one or more ports of the same State, therein to discharge a part or all of their cargo, or take in or complete their cargo, whenever they shall furnish proof of having already paid the aforesaid duties.
What vessels not
3. Loaded vessels entering a port either voluntarily or forced from stress of weather, and leaving it without having disposed of the whole or part of their cargoes, or having therein completed their cargoes. No vessel of the one country, which may be compelled to enter a port of the other, shall be regarded as engaging in trade if it to be considered as merely breaks bulk for repairs, transfers her cargo to another vessel on account of unseaworthiness, purchases stores, or sells damaged goods for re-exportation. It is, however, understood that all portions of such damaged goods destined to be sold goods to pay customs for internal consumption shall be liable to the payment of custom duties.
engaging in trade.
Wrecked, &c., ves
ARTICLE IX. ·
When any vessel belonging to the citizens of either of the contracting parties shall be wrecked, foundered, or shall suffer any damsels to receive assist age, on the coasts or within the dominions of the other, there shall be given to it 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, and to reload the No duties, except, same, or part thereof, paying no duties whatsoever but such as shall be due upon the articles left for consumption.
Vessels may com
Vessels of either of the contracting parties shall have liberty, within the territories and dominions of the other, to complete their plete their crews. crew, in order to continue their voyage, with sailors articled in the country, provided they submit to the local regulations and their enrolment be voluntary.
found within, &c., to
be delivered to own
All ships, merchandise, and effects belonging to the citizens of one of Vessels, &c., cap- the contracting parties, which may be captured by pirates, tured by pirates, and whether within the limits of its jurisdiction or on the high ers, if claimed within seas, and may be carried or found in the rivers, roads, bays, ports, or dominions of the other, shall be delivered up to the owners, they proving, in due and proper form, their rights before the competent tribunals; it being well understood that the claim should be made within the term of one year, by the parties themselves, their attor neys, or agents of the respective Governments.
war, to be exempt
The high contracting parties agree that, in the unfortunate event of a war between them, the private property of their respectof, &c.. in case of ive citizens and subjects, with the exception of contraband from capture. of war, shall be exempt from capture or seizure, on the high seas or elsewhere, by the armed vessels or by the military forces of either party; it being understood that this exemption shall not extend to vessels and their cargoes which may attempt to enter a port blockaded by the naval forces of either party.
Exemption not to extend to, &c.
The high contracting parties having agreed that a state of war be tween one of them and a third Power shall not, except in What to constitute the cases of blockade and contraband of war, affect the neu- a legal blockade. tral commerce of the other, and being desirous of removing every uncertainty which may hitherto have arisen respecting that which, upon principles of fairness and justice, ought to constitute a legal blockade, they hereby expressly declare that such places only shall be considered blockaded as shall be actually invested by naval forces capable of preventing the entry of neutrals, and so stationed as to create an evident danger on their part to attempt it.
tained, &c., unless,
And whereas it frequently happens that vessels sail for a port or a place belonging to an enemy without knowing that the Vessels attempt. same is besieged, blockaded, or invested, it is agreed tlrating in ignorance every vessel so circumstanced may be turned away from port, not to be de such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband of war, be confiscated, unless, after a warning of such blockade or investment from an officer commanding a vessel of the blockading forces, by an endorsement of What endorsement such officer on the papers of the vessel, mentioning the date on the vessel's papers, and the latitude and longitude where such endorsement was made, she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either, that may have entered into such a port before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor, if found therein after the reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof; and if any vessel, having thus entered any port before the blockade As to vessels in took place, shall take on board a cargo after the blockade port, when blockade be established, she shall be subject to being warned by the is established. blockading forces to return to the port blockaded and discharge the said cargo, and if, after receiving the said warning, the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as a vessel attempting to enter a blockaded port after being warned off by the blockading forces.
The liberty of navigation and commerce secured to neutrals by the stipulations of this treaty shall extend to all kinds of mer- What to be deemed chandise, excepting those only which are distinguished by contraband of war. the name of contraband of war. And, in order to remove all causes of doubt and misunderstanding upon this subject, the contracting parties expressly agree and declare that the following articles, and no others, shall be considered as comprehended under this denomination:
1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, bombs, grenades, powder, matches, balls, and all other things belonging to, and expressly manufactured for, the use of these arms.
2. Infantry belts, implements of war and defensive weapons, clothes cut or made up in a military form and for a military use.
3. Cavalry belts, war saddles and holsters.
4. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed expressly to make war by sea or land.
Citizens of either country may from any port and
&c., of those who
Free ships to make
It shall be lawful for the citizens of the United States, and for the subjects of the Kingdom of Italy, to sail with their ships ail with all manner of liberty and security, no distinction being trade in the ports, made who are the proprietors of the merchandise laden are enemies of the thereon, from any port to the places of those who now are, or hereafter shall be, at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandise before mentioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of both or either party without any opposition or disturbance whatever, not only directly from the places of the enemy before mentioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one Power or under several; and it is hereby stipulated that free ships shall also give freedom to goods, free goods, contra- and that everything shall be deemed to be free and exempt band excepted. from capture which shall be found on board the ships belonging to the citizens of either of the contracting parties, although the whole lading or any part thereof should appertain to the enemies of the other, contraband goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons who are on board of a free ship; and they shall not be taken out of that free ship unless they are officers or soldiers, and in the actual service of the enemy: Provided, however, and it is extend only to what hereby agreed, that the stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those Powers only who recognize this principle, but if either of the two contracting parties shall be at war with a third, and the other neutral, the flag of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not of others.
And free persons, except, &c.
This privilege to
What to be deemed
States, and what
All vessels sailing under the flag of the United States, and furnished with such papers as their laws require, shall be regarded in vessels of the United Italy as vessels of the United States, and, reciprocally, all Italian vessels. vessels sailing under the flag of Italy, and furnished with the papers which the laws of Italy require, shall be regarded in the United States as Italian vessels.
In order to prevent all kinds of disorder in the visiting and examination of the ships and cargoes of both the contracting parthe high seas of the ties on the high seas, they have agreed, mutually, that one country by the whenever a vessel of war shall meet with a vessel not of war of the other contracting party, the first shall remain at
merchant vessels of
war vessels of the other.
a convenient distance, and may send its boat, with two or three men only, in order to execute the said examination of the papers, concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment; and it is expressly agreed that the unarmed party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his papers, or for any other purpose whatever.
It is agreed that the stipulations contained in the present treaty relative to the visiting and examining of a vessel shall apply Provision as to vesonly to those which sail without a convoy; and when said sels under convoy, vessels shall be under convoy the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protec tion belong to the nation whose flag he carries, and when bound to an enemy's port, that they have no contraband goods on board, shall be sufficient.
ships of war liable damages for outrages ty of citizens of the
to punishment and
on persons or proper
In order effectually to provide for the security of the citizens and subjects of the contracting parties, it is agreed between them that all commanders of ships of war of each party, respecttively, shall be strictly enjoined to forbear from doing any damage to or committing any outrage against the citizens or subjects of the other, or against their vessels or property; and if the said commanders shall act contrary to this stipulation, they shall be severely punished, and made answerable in their persons and estates for the satisfaction and reparation of said damages, of whatever nature they may be.
In case of war, mer
chants to be allowed range business and
a certain time to ar
Who may con.
If by any fatality, which cannot be expected, and which may God avert, the two contracting parties should be engaged in a war with each other, they have agreed and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business, and transport their effects wherever they please, with the safe conduct necessary to protect them and their property, until they arrive at the ports designated for their embarkation. And all women and children, scholars of every faculty, cultivators of the earth, artisans, mechanics, manufacturers, and fisher- tinue their respect men, unarmed and inhabiting the unfortified towns, villages, molested. or places, and, in general, all others whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, and shall not be molested in their persons, nor shall their houses or goods be burnt or otherwise destroyed, nor their fields wasted by the armed force of the belligerent in whose power, by the events of war, they may happen to fall; but, if it be necessary that anything should be taken from them for the use of such belligerent, the same shall be paid for at a reasonable price.
ive employinents un
This article not to be annulled or sus
And it is declared that neither the pretence that war dissolves nor any other whatever, shall be considered as annulling or suspending this article; but, on the contrary, that the state of war is precisely that for which it is provided, and during
pended on any pre
TREATY OF PEACE AND AMITY WITH JAPAN.
CONCLUDED MARCH 31,
1854; RATIFICATIONS EXCHANGED FEBRUARY 21, 1855; PROCLAIMED JUNE 22, 1855.
The United States of America and the Empire of Japan, desiring to establish firm, lasting, and sincere friendship between the two nations, have resolved to fix, in a manner clear and positive, by means of a treaty or general convention of peace and amity, the rules which shall in future be mutually observed in the intercourse of their respective countries; for which most desirable object the President of the United States has conferred full powers on his Commissioner, Matthew Calbraith Perry, Special Ambassador of the United States to Japan, and the August Sovereign of Japan has given similar full powers to his Commissioners, Hayashi, Daigaku-no-kami; Ido, Prince of Tsus-Sima; Izawa, Prince of Mima-saki; and Udono, Member of the Board of Revenue. And the said Commissioners, after having exchanged their said full powers, and duly consid ered the premises, have agreed to the following articles:
There shall be a perfect, permanent, and universal peace and a sincere and cordial amity between the United States of America on the one part, and the Empire of Japan on the other part, and between their people respectively, without exception of persons or places.
The port of Simoda, in the principality of Idzu, and the port of HakoSimoda and Hako dade, in the principality of Matsmai, are granted by the Japanese as ports for the reception of American ships, where they can be supplied with wood, water, provisions, and coal, and other articles their necessities may require, as far as the Japanese have them. The time for opening the first-named port is immediately on signing this treaty; the last-named port is to be opened immediately after the same day in the ensuing Japanese year.
NOTE.-A tariff of prices shall be given by the Japanese officers of the things which they can furnish, payment for which shall be made in gold and silver coin.
Whenever ships of the United States are thrown or wrecked on the coast of Japan, the Japanese vessels will assist them, and carry their crews to Simoda, or Hakodade, and hand them over to their countrymen, appointed to receive them; whatever articles the shipwrecked men may have preserved shall likewise be restored, and the expenses incurred in the rescue and support of Americans and Japanese who may thus be thrown upon the shores of either nation are not to be refunded.