« PreviousContinue »
consuls shall, before exercising their official functions, exhibit to the Government to which they are accredited their commissions or patents in due form, in order to receive their exequatur; after receiving which they shall be acknowledged in their official characters by the authorities, magistrates, and inhabitants of the districts in which they reside. The high contracting parties, nevertheless, remain at liberty to except those ports and places where the admission and residence of consuls and vice-consuls may not seem to be convenient, provided that the refusal to admit them shall likewise extend to those of all nations.
ARTICLE XXXI. The consuls, vice-consuls, their officers and persons employed in their consulates, shall be exempt from all public service, and from all kinds of taxes, imposts, and contributions, except those which they shall be lawfully held to pay on account of their property or commerce, and to which the citizens and other inhabitants of the country in which they reside are subject, they being, in other respects, subject to the laws of the respective countries. The archives and papers of the consulates shall be inviolably respected; and no person, magistrate, or other public authority shall, under any pretext, interfere with or seize them.
ARTICLE XXXII. The consuls and vice-consuls shall have power to require the assistance of the public authorities of the country in which they reside for the arrest, detention, and custody of deserters from the vessels of war or merchant-vessels of their nation, and where the deserters claimed shall belong to a merchant-vessel, the consuls or vice-consuls must address themselves to the competent authority, and demand the deserters in writing, proving by the ship's roll or other public document that the individuals claimed are a part of the crew of the vessel from which it is alleged that they have deserted; but should the individuals claimed form a part of the crew of a vessel of war, the word of honor of a commissioned officer attached to the said vessel shall be sufficient to identify the deserters; and when the demand of the consuls or vice-consuls shall, in either case, be so proved, the delivery of the deserters shall not be refused. The said deserters, when arrested, shall be delivered to the consuls or vice consuls, or, at the request of these, shall be put in the public prisons, and maintained at the expense of those who reclaim them, to be delivered to the vessels to which they belong or sent to others of the same nation; but if the said deserters should not be so delivered or sent within the term of two months, to be counted from the day of their arrest, they shall be set at liberty, and shall not be again apprehended for the same cause. The high contracting parties agree that it shall not be lawful for any public authority or other person within their respective dominions to harbor or protect such deserters.
Until the conclusion of a consular convention, which the high contracting parties agree to form as soon as may be mutually convenient, it is stipulated, that in the absence of the legal heirs or representatives the consuls or vice-consuls of either party shall be ex-officio the executors or administrators of the citizens of their nation who may die within their consular jurisdictions, and of their countrymen dying at sea whose property may be brought within their district. The said consuls or vice-consuls shall call in a justice of the peace or some other judicial authority to assist in taking an inventory of the effects and property left by the deceased, after which the said effects shall remain in the hands of the said consuls or vice consuls, who shall be authorized to sell immediately such of the effects or property as may be of a perishable nature, and to dispose of the remainder according to the instructions of their respective Governments. And where the deceased has been engaged in commerce or other business, the consuls or vice-consuls shall hold the effects and property so remaining until the expiration of twelve calendar months, during which time the creditors, if any, of the deceased, shall have the right to present their claims and demands against the said effects and property; and all questions arising out of such claims or demands shall be decided by the laws of the country wherein the said citizens may have died. It is understood, nevertheless, that if no claim or demand shall have been made against the effects and property of an individual so deceased, the consuls or vice-consuls, at the expiration of the twelve calendar months, may close the estate and dispose of the effects and property in accordance with the instructions from their own Governments.
As a consequence of the principles of equality herein established, in virtue of which the citizens of each one of the high contracting parties enjoy in the territory of the other the same rights as natives, and receive from the respective Governments the same protection in their persons and property, it is declared that only in case that such protection should be denied, on account of the fact that the claims preferred have not been promptly attended to by the legal authorities, or that manifest injustice has been done by such authorities, and after all the legal means have been exhausted, then alone shall diplomatic intervention take place.
The United States of America and the Republic of Peru, desiring to make as durable as possible the relations established between the two parties in virtue of this treaty of friendship, commerce, and navigation, declare solemnly and agree as follows:
1st The present treaty shall remain in force for the term of ten years from the day of the exchange of the ratifications thereof, and further until the end of one year after either of the high contracting parties shall have given notice to the other of its intention to terminate the same, each of them reserving to itself the right of giving such notice to the other at any time after expiration of the said term of ten years. And it is hereby agreed between the parties that, on the expiration of one year after such notice shall have been received by either of them from the other party, as above mentioned, this treaty shall altogether cease and terminate.
2nd If any citizen or citizens of either party shall infringe any of the articles of this treaty, such citizen or citizens shall be held personally responsible therefor, and the harmony and good understanding between the two nations shall not be interrupted thereby, each party engaging in no way to protect the offender or offenders, or to sanction such violation, under pain of rendering itself liable for the consequences thereof.
3d Should, unfortunately, any of the provisions contained in the present treaty be violated or infringed in any other manner whatever, it is expressly stipulated and agreed that neither of the contracting parties shall order or authorize any act of reprisals, nor declare nor make war against the other on complaint of injuries or damages resulting therefrom, until the party considering itself aggrieved shall first have presented to the other a statement or representation of such injuries or damages, verified by competent proofs, and, demanded redress and satisfaction, and the same shall have been either refused or unreasonably delayed.
4th Nothing contained in this treaty shall, however be construed to operate contrary to former and existing public treaties with other nations or sovereigns.
The present treaty of friendship, commerce, and navigation shall be approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by the President of the Republic of Peru, with the approbation of the Congress thereof, and the ratifications shall be exchanged at Washington or Lima as soon thereafter as possible.
In evidence whereof we, the Plenipotentiaries of the United States of America and of the Republic of Peru, have signed and sealed these presents: at the city of Lima, in duplicate English and Spanish, this the Thirty-first day of August in the year of our Lord one thousand eight hundred and eighty-seven.
CHAS W. BUCK
[SEAL] CÁRLOS M. ELIAS
CONVENTION OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION.
ber 10, 18.37; ratified by the President October 14, 18.37; ratifications
This convention terminated by the dissolution of the Peru-Bolivia Confederation in 1839.
TREATY OF COMMERCE AND NAVIGATION.
Concluded August 26, 1840; ratification ariseil by the Senate Febru.
ary 3, 1841; ratified by the President April 23, 1841; ratifications exchanged April 23, 1841; proclaimed April 24, 1841. (Treaties and Conventions, 1889, p. 891.)
This general treaty of fourteen articles was terminated by notice of the Portuguese Government January 31, 1892.
Federal case: Oldfield v. Marriott, 10 How., 146.
Concluded February 26, 1851; ratification advised by the Senate
March 7, 1851; ratified by the President March 10, 1851; ratifications exchanged june 23, 1851; proclaimed September 1, 1851. (Treaties and Conventions, 1889, p. 896.)
By this convention Portugal agreed to pay the United States $91,727 in full for all claims of American citizens against Portugal, except the claim of the brig General Armstrong, which was referred to an arbitrator. Louis Napoleon, President of France, was appointed arbitrator of the General Armstrong claim, and November 30, 1852, decided that no indemnity was due from Portugal to the United States on account of the claim.
PRUSSIA. (SEE ALSO GERMAN EMPIRE AND NORTH GERMAN UNION.)
1785. TREATY OF AMITY AND COMMERCE. Concluded September 10, 1785; ratified by the Congress of the United
States May 17, 1786; ratifications erchanged October, 1786. (Treaties and Conventions, 1889, p. 899.)
This treaty of twenty-seven articles expired by its own limitations October, 1796, but Article XII was revived by Article XII of the Treaty of 1828, page 518.
ARTICLE XII.-NEUTRALITY OF VESSELS. Article 12. If one of the contracting parties, should be engaged in war with any other power, the free intercourse & commerce of the Subjects or Citizens of the party remaining neuter with the belligerent powers shall not be interrupted. On the contrary in that case as in full peace, the Vessel of the neutral party may navigate freely to & from the ports and on the coasts of the belligerent parties, free Vessels making free goods insomuch that all things shall be adjudged free which shall be on board any Vessel belonging to the neutral party, although such things belong to an enemy of the other; and the same freedom shall be extended to persons who shall be on board a free Vessel, although they should be enemies to the other party unless they be soldiers in actual service of such enemy.
TREATY OF AMITY AND COMMERCE.
18, 1800; ratified by the President February 19, 1800: ratifications
This treaty expired by its own limitations June 22, 1810; but the provisions of the articles printed hereunder were revived by Article XII of the Treaty of May 1, 1828, p. 518.
XX. Letters of marque.
mon enemy. XVI. Embargoes, seizures, etc.
XXII. Mutual protection of ships XVII. Restoration of neutral ships.
against common enemy. XVIII. Asylum to vessels in distress. XXIII. Protection in case of war. XIX. Prizes.
XXIV. Treatment of prisoners of war.
And in the same case of one of the Contracting Parties being engaged in War with any other Power, to prevent all the difficulties and mis