« PreviousContinue »
from, and sell to, whom they like all articles of lawful commerce, and to fix the prices thereof as they shall see good without being affected by any monopoly, contract or exclusive privilege of sale or purchase, subject, however, to the general ordinary contributions or imposts established by law.
The citizens of either of the two contracting parties in the territories of the other, shall enjoy full and perfect protection for their persons and property, and shall have free and open access to the Courts of Justice for the prosecution and defence of their just rights; they shall enjoy, in this respect the same rights and privileges as native citizens; and they shall be at liberty to employ, in all causes, the Advocates, Attorneys or Agents, of whatever description, whom they may think proper.
In whatever relates to the police of the ports, the lading or unlading of ships, the warehousing and safety of merchandize, goods and effects, the succession to personal estates by will or otherwise, and the disposal of personal property of every sort and denomination, by sale, donation exchange or testament, or in any other manner whatsoever, as also with regard to the administration of justice, the citizens of each contracting party shall enjoy in the territories of the other, the same privileges, liberties and rights as native citizens, and shall not be charged, in any of these respects, with any other or higher imposts or duties than those, which are or may be paid by native citizens, subject always to the local laws and regulations of such territories.
In the event of any citizen of either of the two contracting parties dying without will or testament in the territory of the other contracting party, the Consul General, Consul or Vice Consul of the nation to which the deceased may belong, or, in his absence, the Representative of such Consul General, Consul or Vice Consul, shall, so far as the laws of each country will permit, take charge of the property which the deceased may have left, for the benefit of his lawful heirs and creditors, until an executor or administrator be named by the said Consul General, Consul or Vice Consul, or his Representative.
The citizens of the United States of America residing in the territories of the Republic of Paraguay and the citizens of the Republic of Paraguay residing in the United States of America shall be exempted from all compulsory military service whatsoever, whether by sea or land, and from all forced loans or military exactions or requisitions, and they shall not be compelled to pay any charges, requisition or taxes other or higher than those that are, or may be, paid by native citizens.
It shall be free for each of the two contracting parties to appoint Consuls for the protecvion of trade, to reside in the territories of the other party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the two contracting parties may except from the residence of Consuls, such particular places as either of them may judge fit to be excepted.
The Diplomatic Agents and Consuls of the United States of America in the territories of the Republic of Paraguay, shall enjoy whatever privileges, exemptions and immunities, are or may be there granted to the Diplomatic Agents and Consuls of any other nation whatever; and in like manner, the Diplomatic Agents and Consuls of the Republic of Paraguay in the United States of America shall enjoy whatever privileges exemptions and immunities are, or may be, there granted to agents of any other nation whatever.
For the better security of commerce between the citizens of the United States of America and the citizens of the Republic of Paraguay, it is agreed that if, at any time, any interruption of friendly intercourse, or any rupture should unfortunately take place between the two contracting parties, the citizens of either of the said contracting parties, who may be established in the territories of the other, in the exercise of any trade or special employment, shall have the privilege of remaining and continuing such trade or employment therein, without any manner of interruption, in full enjoyment of their liberty and property, as long as they behave peaceably and commit no offence against the laws; and their goods and effects of whatever description they may be, whether in their own custody or intrusted to individuals or to the State, shall not be liable to seizure or sequestration, or to any other charges or demands than those which may be made upon the like effects or property belonging to native citizens. If, however, they prefer to leave the country, they shall be allowed the time they may require to liquidate their accounts and dispose of their property, and a safe conduct shall be given them to embark at the ports which they shall themselves select. Consequently, in the case referred to of a rupture, the public funds of the contracting States shall never be confiscated sequestered or detained.
The citizens of either of the two contracting parties, residing in the territories of the other, shall enjoy, in regard to their houses, persons and properties, the protection of the Government, in as full and ample a manner as native citizens.
In like manner, the citizens of each contracting party shall enjoy in the territories of the other, full liberty of conscience and shall not be molested on account of their religious belief; and such of those citizens as may die in the territories of the other party, shall be buried in the public cemeteries or in places appointed for the purpose, with suitable decorum and respect.
The citizens of the United States of America residing within the territories of the Republic of Paraguay shall be at liberty to exercise in private and in their own dwellings, or within the dwellings or offices of the Consuls or Vice Consuls of the United States of America their religious rights, services and worship, and to assemble therein for that purpose without hindrance or molo tation.
The present Treaty shall be in force during ten years counted from the day of the exchange of the ratifications; and further until the end of twelve months after the Government of the United States of America on the one part or the Government of Paraguay on the other shall have given notice of its intention to terminate the same.
The Paraguayan Government shall be at liberty to address to the Government of the United States of America, or to its representative in the Republic of Paraguay, the official declaration agreed upon in this article.
The present treaty shall be ratified by his Excellency the President of the United States of America within the term of fifteen months, or earlier if possible, and by his Excellency the President of the Republic of Paraguay within twelve days from this date, and the ratifications shall be exchanged in Washington.
In witness whereof, the respective Plenipotentiaries have signed it and affixed thereto their seals.
Done at Assumption this fourth day of February, in the year of Our Lord one thousand eight hundred and fifty nine.
SEAL. JAMES B. BOWLIN.
TREATY OF FRIENDSHIP AND COMMERCE.
Concluded December 13, 1856; ratification advised by the Senate March
10, 1857; ratified by the President March 12, 1857; ratifications exchanged June 13, 1857; proclaimed August 18, 1857. (Treaties and Conventions, 1889, p. 836.)
VI. Effects of deceased persons.
In the name of God the Clement and the Merciful.
The President of the United States of North America, and his Majesty as exalted as the Planet Saturn; the Sovereign to whom the Sun serves as a standard; whose splendor and magnificence are equal to that of the Skies; the Sublime Sovereign, the Monarch whose armies are as numerous as the Stars; whose greatness calls to mind that of Jeinshid; whose magnificence equals that of Darius; the Heir of the Crown and Throne of the Kayanians; the Sublime Emperor of all Persia, being both equally and sincerely desirous of establishing relations of Friendship between the two Governments, which they wish to strengthen by a Treaty of Friendship and Commerce, reciprocally advantageous and useful to the Citizens and subjects of the two High contracting parties, have for this purpose named for their Plenipotentiaries,
The President of the United States of North America, Carroll Spence, Minister Resident of the United States near the Sublime Porte; and His Majesty the Emperor of all Persia, His Excellency Emin ul Molk Farrukh Khan, Ambassador of His Imperial Majesty the Shah, decorated with the portrait of the Shah, with the great cordon blue and bearer of the girdle of Diamonds, &c, &c, &c, &c
And the said Plenipotentiaries having exchanged their full powers, which were found to be in proper and due form, have agreed upon the following articles.
There shall be hereafter a sincere and constant good understanding
a between the Government and citizens of the United States of North America and the Persian Empire and all Persian subjects.
Federal case: Powers v. Comly, 101 U. S., 789.
The Ambassadors or Diplomatic agents, whom it may please either of the two high contracting parties to send and maintain near the other, shall be received and treated, they and all those composing their Missions, as the Ambassadors and Diplomatic agents of the most favored nations are received and treated in the two respective countries; and they shall enjoy there, in all respects, the same prerogatives and immunities.
The citizens and subjects of the two high contracting parties, travellers, merchants, manufacturers and others, who may reside in the Territory of either Country, shall be respected and efficiently protected by the authorities of the Country and their agents, and treated in all respects as the subjects and citizens of the most favored Nation are treated.
They may reciprocally bring by land or by sea into either Country, and export from it all kinds of merchandise and products, and sell, exchange or buy, and transport them to all places in the Territories of either of the high contracting parties. It being however understood that the merchants of either nation, who shall engage in the internal commerce of either country, shall be governed, in respect to such commerce by the laws of the country in which such commerce is carried on; and in case either of the High contracting powers shall hereafter grant other privileges concerning such internal commerce to the citizens or subjects of other Governments the same shall be equally granted to the merchants of either nation engaged in such internal commerce within the territories of the other.
The merchandise imported or exported by the respective citizens or subjects of the two high contracting parties shall not pay in either country on their arrival or departure, other duties than those which are charged in either of the countries on the merchandise or products imported or exported by the merchants and subjects of the most favored Nation, and no exceptional tax under any name or pretext whatever shall be collected on them in either of the two countries.
All suits and disputes arising in Persia between Persian subjects and citizens of the United States shall be carried before the Persian tribunal to which such matters are usually referred at the place where a Consul or agent of the United States may reside, and shall be discussed and decided according to Equity, in the presence of an employé of the Consul or agent of the United States.
All suits and disputes which may arise in the Empire of Persia between citizens of the United States, shall be referred entirely for trial and for adjudication to the Consul or agent of the United States residing in the Province wherein such suits and disputes may have arisen, or in the Province nearest to it, who shall decide them according to the laws of the United States.
All suits and disputes occurring in Persia between the citizens of the United States and the subjects of other foreign Powers shall be