ARGENTINE REPUBLIC. (ARGENTINE CONFEDERATION.) 1853. TREATY FOR THE FREE NAVIGATION OF THE RIVERS PARANÁ AND URUGUAY. Concluded July 10, 1853; ratification advised by the Senate June 13, 1854; ratified by the President July 5, 1854; ratification exchanged December 20, 1854; proclaimed April 9, 1855. ARTICLES. I. Free navigation. II. Loading and unloading vessels. III. Marking channels. IV. Collection of dues. V. Possession of Martin Garcia VI. War. VII. Accession of other governments. The President of the United States and His Excellency the Provisional Director of the Argentine Confederation, being desirous of strengthening the bonds of friendship which so happily subsist between their respective States and countries, and convinced that the surest means of arriving at this result is to take in concert all the measures requisite for facilitating and developing commercial relations, have resolved to determine by treaty the conditions of the free navigation of the rivers Paraná and Uruguay, and thus to remove the obstacles which have hitherto impeded this navigation. With this object they have named as their Plenipotentiaries, that is to say: The President of the United States, Robert C. Schenck, Envoy Extraordinary and Minister Plenipotentiary of the United States to Brazil, and John S. Pendleton, Chargé d'Affaires of the United States to the Argentine Confederation; and His Excellency the Provisional Director of the Argentine Confederation, Doctor Don Salvador Maria del Carril, and Doctor José Benjamin Gorostiaga; Who, after having communicated to each other their full powers found in good and due form, have agreed upon the following articles: ARTICLE I. The Argentine Confederation, in the exercise of her sovereign rights, concedes the free navigation of the rivers Paraná and Uruguay, wherever they may belong to her, to the merchant vessels of all nations, subject only to the conditions which this treaty establishes, and to the regulations sanctioned, or which may hereafter be sanctioned, by the national authority of the Confederation. ARTICLE II. Consequently, the said vessel shall be admitted to remain, load and unload in the places and ports of the Argentine Confederation which are open for that purpose. ARTICLE III. The Government of the Argentine Confederation, being desirous to provide every facility for interior navigation, agrees to maintain beacons and marks pointing out the channels. ARTICLE IV. A uniform system shall be established by the competent authorities of the confederation, for the collection of the custom-house duties, harbor, lights, police and pilotage dues, along the whole course of the waters which belong to the Confederation. ARTICLE V. The high contracting parties, considering that the Island of Martin Garcia may, from its position, embarrass and impede the free navigation of the confluents of the river Plate, agree to use their influence to prevent the possession of the said island from being retained or held by any State of the river Plate, or its confluents, which shall not have given its adhesion to the principle of their free navigation. ARTICLE VI. If it should happen (which God forbid) that war should break out between any of the States, Republics or Provinces of the river Plate or its confluents, the navigation of the rivers Paraná and Uruguay shall remain free to the merchant flag of all nations, excepting in what may relate to munitions of war, such as arms of all kinds, gunpowder, lead and cannon balls. ARTICLE VII. Power is expressly reserved to His Majesty the Emperor of Brazil, and the Governments of Bolivia, Paraguay and the Oriental State of Uruguay to become parties to the present treaty, in case they should be disposed to apply its principles to the parts of the rivers Paraná, Paraguay and Uruguay, over which they may respectively possess fluvial rights. ARTICLE VIII. The principal objects for which the rivers Paraná and Uruguay are declared free to the commerce of the world, being to extend the mercantile relations of the countries which border them, and to promote immigration, it is hereby agreed that no favor or immunity shall be granted to the flag or trade of any other nation which shall not equally extend to those of the United States. ARTICLE IX. The present treaty shall be ratified on the part of the Government of the United States within fifteen months from its date, and within two days by His Excellency the Provisional Director of the Argentine Confederation, who shall present it to the first Legislative Čongress of the Confederation, for their approbation. The ratifications shall be exchanged at the seat of Government of the Argentine Confederation, within the term of eighteen months. In witness whereof, the respective Plenipotentiaries have signed this treaty, and affixed thereto their seals. Done at San José de Flores, on the tenth day of July, in the year of our Lord one thousand eight hundred and fifty-three. [SEAL.] [SEAL. SEAL.] SEAL.] ROB'T C. SCHENCK. JNO. PENDLETON. 1853. TREATY OF FRIENDSHIP, COMMERCE AND NAVIGATION. Concluded July 27, 1853; ratification advised by the Senate June 13, 1854; ratified by the President June 29, 1854; ratifications exchanged December 20, 1854; proclaimed April 9, 1855. Commercial intercourse having been for some time established between the United States and the Argentine Confederation, it seems good for the security as well as the encouragement of such commercial intercourse, and for the maintenance of good understanding between the two Governments, that the relations now subsisting between them should be regularly acknowledged and confirmed by the signing to a treaty of friendship, commerce and navigation; for this purpose they have nominated their respective Plenipotentiaries, that is to say: The President of the United States, Robert C. Schenck, Envoy Extraordinary and Minister Plenipotentiary of the United States to Brazil, and John S. Pendleton. Chargé d'Affaires of the United States to the Argentine Confederation; and His Excellency-the Provisional Director of the Argentine Confederation, Doctor Don Salvador Maria del Carril, and Doctor Don José Benjamin Gorostiaga; Who, after having communicated to each other their full powers, found in good and due form, have agreed upon the following articles: ARTICLE I. There shall be perpetual amity between the United States and their citizens on the one part, and the Argentine Confederation and its citizens on the other part. ARTICLE II. There shall be between all the territories of the United States and all the territories of the Argentine Confederation a reciprocal freedom of commerce. The citizens of the two countries, respectively, shall have liberty, freely and securely, to come with their ships and cargoes to all places, ports and rivers in the territories of either, to which other foreigners, or the ships or cargoes of any other foreign nation or State, are, or may be, permitted to come; to enter into the same, and to remain and reside in any part thereof, respectively; to hire and occupy houses and warehouses, for the purposes of their residence and commerce; to trade in all kinds of produce, manufactures and merchandise of lawful commerce; and generally to enjoy, in all their business, the most complete protection and security, subject to the general laws and usages of the two countries respectively. In like manner, the respective ships of war, and post-office or passenger packets of the two countries, shall have liberty, freely and securely, to come to all harbors, rivers and places to which other foreign ships of war and packets are, or may be, permitted to come; to enter into the same, to anchor and remain there and refit, subject always to the laws and usages of the two countries respectively. ARTICLE III. The two high contracting parties agree that any favor, exemption, privilege or immunity whatever, in matters of commerce or navigation, which either of them has actually granted, or may hereafter grant, to the citizens or subjects of any other government, nation or state, shall extend, in identity of cases and circumstances, to the citizens of the other contracting party, gratuitously, if the concession in favor of that other government, nation or state, shall have been gratuitous; or, in return for an equivalent compensation, if the concession shall have been conditional. ARTICLE IV. No higher or other duties shall be imposed on the importation into the territories of either of the two contracting parties of any article of the growth, produce or manufacture of the territories of the other contracting party, than are, or shall be, payable on the like article of any other foreign country; nor shall any other or higher duties or charges be imposed in the territories of either of the contracting parties, on the exportation of any article to the territories of the other, than such as are, or shall be, payable on the exportation of the like article to any other foreign country; nor shall any prohibition be imposed upon the importation or exportation of any article of the growth, produce or manufacture of the territories of either of the contracting parties, to or from the territories of the other, which shall not equally extend to the like article of any other foreign country. ARTICLE V. No other or higher duties or charges, on account of tonnage, light or harbor dues, pilotage, salvage in case of average or shipwreck, or any other local charges, shall be imposed in the ports of the two contracting parties on the vessels of the other, than those payable in the same ports on its own vessels. ARTICLE VI. The same duties shall be paid, and the same drawbacks and bounties allowed, upon the importation or exportation of any article into or from the territories of the United States, or into or from the territories of the Argentine Confederation, whether such importation or exportation be made in vessels of the United States or in vessels of the Argentine Confederation. ARTICLE VII. The contracting parties agree to consider and treat as vessels of the United States and of the Argentine Confederation all those which, being furnished by the competent authority with a regular passport or sea-letter, shall, under the then existing laws and regulations of either of the two Governments, be recognized fully and bona fide as national vessels, by that country to which they respectively belong. ARTICLE VIII. All merchants, commanders of ships and others, citizens of the United States, shall have full liberty, in all the territories of the Argentine Confederation, to manage their own affairs themselves, or to commit them to the management of whomsoever they please, as broker, factor, agent or interpreter; nor shall they be obliged to employ any other persons in those capacities than those employed by citizens of the Argentine Confederation, nor to pay them any other salary or remuneration than such as is paid in like cases by citizens of the Argentine Confederation. And absolute freedom shall be allowed in all cases to the buyer and seller to bargain and fix the price of any goods, wares or merchandise imported into, or exported from, the Argentine Confederation, as they shall see good, observing the laws and established customs of the country. The same rights and privileges, in all respects, shall be enjoyed in the territories of the United States, by the citizens of the Argentine Confederation. The citizens of the two contracting parties shall reciprocally receive and enjoy full and perfect protection for their persons and property, and shall have free and open access to the courts of justice in the said countries respectively, for the prosecution and defense of their just rights, and they shall be at liberty to employ in all cases such advocates, attorneys or agents as they may think proper; and they shall enjoy, in this respect, the same rights and privileges therein as native citizens. |