SECTION III. All goods or produce unenumerated in this tariff shall be free of export duty, and shall only be subject to one ticles to be free of inland tax or transit duty, not exceeding the rate now paid. Unenumerated ar duty. [L. S.] TOWNSEND HARRIS. TL. S.] [L. S.] [L. S.] [L. S.] [L. S.]* SIAM, 1867. MODIFICATION, CONCLUDED DECEMBER 17-31, 1867, TO TREATY BETWEEN THE UNITED STATES AND SIAM OF MAY 29, 1856. RATIFIED AUGUST 11. 1868, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. No. 72.] To Hon. F. W. SEWARD, UNITED STATES CONSULATE, Assistant Secretary of State, Washington, D. C. SIR: I have the honor to inform the Department that I have received a letter from His Excellency Chaw Phaya Praklang, Minister of Foreign Affairs, informing me that the Royal Counsellors for the Kingdom of Siam desire to change article first of the Treaty Regulations, and that the change shall go into effect on January 1st, 1868. The article alluded to is as follows, viz: "Every shipmaster upon anchoring his vessel at Paknam will deliver into the custody of the custom-house officers all his guns and ammunition, and a custom-house officer will then be appointed to the vessel, and will proceed in her to Bangkok." The article as changed will require that the powder alone be left at Paknam, but that the guns be allowed to remain in the vessel. I have given my assent to the change, and all the other Consuls have done the same. The change is a very advantageous one to shipmasters, as in [the] shipping and reshipping of their guns, some of which were heavy, was attended with much delay and expense; whereas they generally have * Signatures of Siamese Plenipotentiaries. but a few pounds of powder on board, which can be boxed up and put ashore in a very short time. I have the honor to be, sir, your obedient servant, J. M. HOOD, U. S. Consul. CHAW PHAYA PRAKLANG, MINISTER OF FOREIGN AFFAIRS OF THE KINGDOM OF SIAM, To Mr. J. M. HOOD, U. S. Consul, Saying: That the Senabodee of the Kingdom of Siam have considered this matter, and have come to the conclusion that as they saw that Siam was near the water, and that trading ships could ascend to the city, for this reason they asked a clause in the treaties that all guns and powder should be landed at Paknam before the ship would ascend the river. The Ministers Plenipotentiary also were of the same opinion, and yielded this point to the Siamese in the treaties. When a vessel came in and the Chaw Pausk-nan at Paknam received the guns and powder off the vessel that [they] found it very difficult to take care of the powder, and were afraid of an explosion, and for this reason they did not receive the powder from the vessel, but simply the guns. But now a long time since the Senabodee are of the opinion that the taking off of the guns at Paknam is a source of trouble to the vessels, for they took off guns belonging to many persons, and when the vessels come [came] down again it was often after night, and when the captains went for their guns the wrong ones were frequently taken, and when the vessel coming afterwards could not find her own guns, there was a fuss, and the Siamese officers had frequently to pay for the guns. Again, the powder was left in the vessels, and they coming up and anchoring in the river, there was danger of an explosion and injury to the citizens here. Therefore the Senabodee have ordered me to write to all the Consuls and ask that the custom be changed from January 1st, 1868. We ask to take out the powder of the vessels at Paknam, but the guns can be left in the vessels and need not be taken out. If you are also of the same opinion, you will please inform masters of vessels and others under your protection to this effect. When the vessel comes to Paknam let them take out all the powder, but if they refuse to let the powder be taken out, and it remains in the vessel, and there arises any difficulty from that fact, we [beg to] claim indemnity according to the treaty. Given Tuesday, December 17th, 1867. SPAIN. SPAIN, 1795. TREATY OF FRIENDSHIP, LIMITS, AND NAVIGATION, BETWEEN THE UNITED STATES OF AMERICA AND THE KING OF SPAIN. CONCLUDED OCTOBER 27, 1795; RATIFICATIONS EXCHANGED APRIL 25, 1796; PROCLAIMED AUGUST 2, 1796. His Catholic Majesty and the United States of America, desiring to consolidate, on a permanent basis, the friendship and good correspondence which happily prevails between the two parties, have determined to establish, by a convention, several points, the settlement whereof will be productive of general advantage and reciprocal utility to both nations. With this intention, His Catholic Majesty has appointed the most excellent Lord Don Manuel de Godoy, and Alvarez de Faria, Rios, Sanchez, Zarzosa, Prince de la Paz, Duke de la Alcudia, Lord of the Soto de Roma, and of the State of Albalá, Grandee of Spain of the first class, perpetual Regidor of the citty of Santiago, Knight of the illustrious Order of the Golden Fleece, and Great Cross of the Royal and distinguished Spanish Order of Charles the III, Commander of Valencia del Ventoso, Rivera, and Acenchal in that of Santiago; Knight and Great Cross of the religious Order of St. John; Counsellor of State; first Secretary of State and Despacho; Secretary to the Queen; Superintendant General of the Posts and Highways; Protector of the Royal Academy of the Noble Arts, and of the Royal Societies of Natural History, Botany, Chemistry, and Astronomy; Gentleman of the King's Chamber in employment; Captain General of his Armies; Inspector and Major of the Royal Corps of Body Guards, &a., &a., &a., and the President of the United States, with the advice and consent of their Senate, has appointed Thomas Pinckney, a citizen of the United States, and their Envoy Extraordinary to His Catholic Majesty. And the said Plenipotentiaries have agreed upon and concluded the following articles: Peace established. ARTICLE I. There shall be a firm and inviolable peace and sincere friendship between His Catholic Majesty, his successors and subjects, and the United States and their citizens, without exception of persons or places. ARTICLE II. To prevent all disputes on the subject of the boundaries which separate the territories of the two high contracting parties, it is Boundary line, hereby declared and agreed as follows, to wit: The southern boundary of the United States, which divides their territory from the Spanish colonies of East and West Florida, shall be designated by a line beginning on the River Mississippi, at the northernmost part of the thirty-first degree of latitude north of the equator, which from thence shall be drawn due east to the middle of the River Apalachicola, or Catahouche, thence along the middle thereof to its junction with the Flint; thence straight to the head of St. Mary's River, and thence down the middle thereof to the Atlantic Ocean. And it is agreed that if there should be any troops, garrisons, or settlements of either party in the territory of the other, according to the above-mentioned bounda ries, they shall be withdrawn from the said territory within the term of six months after the ratification of this treaty, or sooner if it be possible; and that they shall be permitted to take with them all the goods and effects which they possess. ARTICLE III. In order to carry the preceding article into effect, one Commissioner and one Surveyor shall be appointed by each of the contracting parties, who shall meet at the Natchez, on the left side of the River Mississippi, before the expiration of six months from the ratification of this convention, and they shall proceed to run and mark this boundary according to the stipulations of the said article. They shall make plats and keep journals of their proceedings, which shall be considered as part of this convention, and shall have the same force as if they were inserted therein. And if on any account it should be found necessary that the said Commissioners and Surveyors should be accompanied by guards, they shall be furnished in equal proportions by the commanding officer of His Majesty's troops in the two Floridas, and the commanding officer of the troops of the United States in their southwestern territory, who shall act by common consent, and amicably, as well with respect to this point as to the furnishing of provisions and instruments, and making every other arrangement which may be necessary or useful for the execution of this article. ARTICLE IV. It is likewise agreed that the western boundary of the United States which separates them from the Spanish colony of Louissiana, is in the middle of the channel or bed of the River Mississippi, from the northern boundary of the said States to the completion of the thirty-first degree of latitude north of the equator. And His Catholic Majesty has likewise agreed that the navigation of the said river, in its whole breadth from its source to the ocean, shall be free only to his subjects and the citizens of the United States, unless he should extend this privilege to the subjects of other Powers by special convention. ARTICLE V. The two high contracting parties shall, by all the means in their power, maintain peace and harmony among the several How each nation Indian nations who inhabit the country adjacent to the lines shill conduct with and rivers, which, by the preceding articles, form the bounda Indians. ries of the two Floridas. And the bet[t]er to obtain this effect, both parties oblige themselves expressly to restrain by force all hostilities on the part of the Indian nations living within their boundaries: so that Spain will not suffer her Indians to attack the citizens of the United States, nor the Indians inhabiting their territory; nor will the United States permit these last-mentioned Indians to commence hostilities against the subjects of His Catholic Majesty or his Indians, in any manner whatever. And whereas several treaties of friendship exist between the two contracting parties and the said nations of Indians, it is hereby agreed that in future no treaty of alliance, or other whatever, (except treaties of peace,) shall be made by either party with the Indians living within the boundary of the other, but both parties will endeavour to make the advantages of the Indian trade common and mutually beneficial to their respective subjects and citizens, observing in all things the most complete reciprocity; so that both parties may obtain the advantages arising from a good understanding with the said nations, without being subject to the expence which they have hitherto occasioned. Each nation to pro other in their jurisdiction. ARTICLE VI. Each party shall endeavour, by all means in their power, to protect and defend all vessels and other effects belonging to the tect the vessels of the citizens or subjects of the other, which shall be within the extent of their jurisdiction by sea or by land, and shall use all their efforts to recover, and cause to be restored to the right owners, their vessels and effects which may have been taken from them within the extent of their said jurisdiction, whether they are at war or not with the Power whose subjects have taken possession of the said effects. Embargo. or crime. ARTICLE VII. And it is agreed that the subjects or citizens of each of the contracting parties, their vessels or effects, shall not be liable to any embargo or detention on the part of the other, for any military expedition or other public or private porpose whatever; and in all Seizure for debts cases of seizure, detention, or arrest for debts contracted, or offences commit[t]ed by any citizen or subject of the one party within the jurisdiction of the other, the same shall be made and prosecuted by order and authority of law only, and according to the regular course of proceedings usual in such cases. The citizens and subjects of both parties shall be allowed to employ such advocates, solicitors, notaries, agents, and factors, as they may judge proper, in all their affairs, and in all their trials at law, in which they may be concerned, before the tribunals of the other party; and such agents shall have free access to be present at the proceedings in such causes, and at the taking of all examinations and evidence which may be exhibited in the said trials. Vessels forced into weather. ARTICLE VIII. In case the subjects and inhabitants of either party, with their shipping, whether public and of war, or private and of merchants. port by stress of be forced, through stress of weather, pursuit of pirates or enemies, or any other urgent necessity, for seeking of shel ter and harbor, to retreat and enter into any of the rivers, bays, roads, or ports belonging to the other party, they shall be received and treated with all humanity, and enjoy all favor, protection, and help, and they shall be permitted to refresh and provide themselves, at reasonable rates, with victuals and all things needful for the sustenance of their persons, or reparation of their ships and prosecution of their voyage: and they shall no ways be hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance. ARTICLE IX. All ships and merchandize, of what nature soever, which shall be |