ARTICLE XXVI. Neither the debts due from individuals of the one nation to the individuals of the other, nor shares, nor moneys which they may have in public funds, nor in public or private banks, shall ever, in any event of war, or of national difference, be sequestered or confiscated. ARTICLE XXVII. Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official intercourse, have agreed, and do agree, to grant to the Envoys, Ministers and other Public Agents, the same favors, immunities and exemptions which those of the most favored nations do or shall enjoy, it being understood that whatever favors, immunities or privileges the United States of America or the Federation of the Centre of America may find it proper to give to the Ministers and Public Agents of any other power, shall, by the same act, be extended to those of each of the tracting parties. ARTICLE XXVIII. con To make more effectual the protection which the United States and the Federation of the Centre of America shall afford in future to the navigation and commerce of the citizens of each other, they agree to receive and admit Consuls and Vice-Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, prerogatives and immunities of the Consuls and Vice-Consuls of the most favored nation; each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls may not seem convenient. ARTICLE XXIX. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives and immunities which belong to them by their public character, they shall, before entering on the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited; and having obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates and inhabitants in the consular district in which they reside. ARTICLE XXX. It is likewise agreed that the Consuls, their Secretaries, officers and persons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempt from all public service, and also from all kind of taxes, imposts and contributions, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens and inhabitants, native and foreign, of the country in which they reside are subject, being in everything besides subject to the laws of the respective States. The archives and papers of the consulate shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. ARTICLE XXXI. The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention and custody of deserters from the public and private vessels of their country, and for that purpose they shall address themselves to the courts, judges and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessel or ship's roll, or other public documents, that those men were part of the said crews; and, on this demand so proved, (saving, however, where the contrary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of the said Consuls, and may be put in the public prisons at the request and expense of those who reclaim them, to be sent to the ships to which they belong, or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty and shall be no more arrested for the same cause. ARTICLE XXXII. 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 specially the powers and immunities of the Consuls and Vice-Consuls of the respective parties. ARTICLE XXXIII. The United States of America and the Federation of the Centre of America, 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 or general convention of peace, amity, commerce or 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, in all the parts relating to commerce and navigation; and in all those parts which relate to peace and friendship it shall be permanently and perpetually binding on both powers. 2d. If any one or 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 the 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, (which indeed cannot be expected,) unfortunately, any of the articles contained 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 acts 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 proof, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed. 4h. Nothing in this treaty contained shall, however, be construed or operate contrary to former and existing public treaties with other Sovereigns or 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 Government of the Federation of the Centre of America, and the ratifications shall be exchanged in the city of Guatemala within eight months from the date of the signature hereof, or sooner if possible. In faith whereof we, the Plenipotentiaries of the United States of America and of the Federation of the Centre of America, have signed and sealed these presents. Done in the city of Washington on the fifth day of December, in the year of our Lord one thousand eight hundred and twenty-five, in the fiftieth year of the Independence of the United States of America, and the fifth of that of the Federation of the Centre of America, in duplicate. [SEAL.] [SEAL.] H. CLAY. CHILE. CONVENTION OF PEACE, AMITY, COMMERCE, AND NAVIGATION. Concluded May 16, 1832; ratification advised by the Senate December 19, 1832; ratified by the President April 26, 1834; ratifications exchanged April 29, 1834; proclaimed Àpril 29, 1834. ARTICLES. I. Amity. II. Most favored nation. III. Freedom of commerce and navigation. IV. Reciprocal privileges in business affairs. V. Indemity for vessels detained. VI. Asylum to vessels. VII. Captures by pirates. VIII. Shipwrecks. IX. Disposition of property. X. Special protection to citizens. XI. Religious freedom. XII. Free ships, free goods. XIII. Cargoes of neutrals. XIV. Contraband goods. XV. Trading privileges of neutrals. XVI. Contraband goods. XVII. Blockade. XVIII. Visitation and search. XXII. Letters of marque. XXIII. Reciprocal treatment of citizens in war. XXIV. Nonconfiscation of debts and securities. XXV. Most favored nation privi- XXVI. Consuls. XXVIII. Privileges of consuls. XXX. Consular convention. In the name of God, Author and Legislator of the Universe. The United States of America and the Republic of Chili, desiring to make firm and lasting the friendship and good understanding which happily prevail between both nations, have resolved to fix, in a manner clear, distinct and positive, the rules which shall in future be religiously observed between the one and the other, by means of a treaty or general convention of peace and friendship, commerce and navigation. For this most desirable object, the President of the United States of America, by and with the advice and consent of the Senate thereof, has appointed and conferred full powers on John Hamm, a citizen of said States, and their Chargé d'Affaires near the said Republic; and His Excellency the President of the Republic of Chili has appointed Señor Don Andres Bello, a citizen of the said Republic; And the said Plenipotentiaries, after having mutually produced and exchanged copies of their full powers in due and proper form, have agreed upon and concluded the following articles, videlicet: a This treaty was terminated January 20, 1850, on notice given by the Chilean Government. Federal case: U. S. v. Turnbull (48 Fed. Rep. 94). ARTICLE I. There shall be a perfect, firm and inviolable peace and sincere friendship between the United States of America and the Republic of Chili, 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 Chili, 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 compensation if the concession was conditional. It is understood, however, that the relations and convention which now exist, or may hereafter exist, between the Republic of Chili and the Republic of Bolivia, the federation of the Centre of America, the Republic of Colombia, the United States of Mexico, the Republic of Peru, or the United Provinces of the Rio de la Plata, shall form exceptions to this article. ARTICLE III. The citizens of the United States of America may frequent all the coasts and countries of the Republic of Chili, and reside and trade there in all sorts of produce, manufactures and merchandise, and shall pay no other or greater duties, charges or fees, whatsoever, than the most favored nation is or shall be obliged to pay; and they shall enjoy all the rights, privileges and exemptions in navigation and commerce, which the most favored nation does or shall enjoy, submitting themselves, nevertheless, to the laws, decrees and usages there established, and to which are submitted the citizens and subjects of the most favored nations. In like manner the citizens of the Republic of Chili may frequent all the coasts and countries of the United States of America, and reside and trade there, in all sorts of produce, manufactures and merchandise, and shall pay no other or greater duties, charges or fees whatsoever, than the most favored nation is or shall be obliged to pay, and they shall enjoy all the rights, privileges and exemptions in commerce and navigation which the most favored nation does or shall enjoy, submitting themselves, nevertheless, to the laws, decrees and usages there established, and to which are submitted the citizens and subjects of the most favored nations. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties, respectively, according to their own separate laws. ARTICLE IV. 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 ports and places subject to the |