Art. 19. All other merchandise and things not comprehended in the articles of contraband expressly enumerated and classified as above, shall be held and considered as free, and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by both the contracting parties, even to places belonging to an enemy, excepting only those places which are at that time besieged or blockaded; and, to avoid all doubt in that particular, it is declared that those places only are besieged or blockaded, which are actually besieged or blockaded by a belligerant force capable of preventing the entry of the neutral. [August 25: rejected.]

Art. 20. The articles of contraband before enumerated and classified, which may be found in a vessel bound for an enemy's port, shall be subject to detention and confiscation, leaving free the rest of the cargo, and the vessel, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great and so large a bulk that they cannot be received on board the capturing vessel without great inconvenience; but in this, and in all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment, according to law. [August 25: approved.]

Art. 21. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is besieged, blockaded, or invested, it is agreed that every vessel so situated may be turned away from such port or place, but shall not be detained; nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from the commanding officer of the blockading force, she should again attempt to enter the aforesaid port; but she shall be permitted to go to any other port or place she may think proper. Nor shall any vessel of either of the contracting parties that may have entered into such port before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo; nor, if found therein after the surrender, shall such vessel or her cargo be liable to confiscation, but she shall be restored to the owner thereof.

Art. 22. In order to prevent all kinds of disorder in the visiting and examination of the vessels and cargoes of both the contracting parties on the high seas, they have agreed, mutually, that, whenever a vessel of war, public or private, should meet with a neutral vessel of the other contracting party, the first shall remain out of cannon-shot, and may send his boat, with two or three men only, in order to execute the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment, for which the commanders of the said armed vessels shall be responsible with their persons and property; and for this purpose the commanders of said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damages they may commit. And it is expressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his papers, or for any other purpose whatsoever. [August 27, 1831: approved.]

Art. 23. To avoid all kinds of vexation and abuse in the examination of papers relating to the ownership of vessels belonging to the citizens of the two contracting parties, they have agreed, and do agree, that, in case one of them should be engaged in war, the vessels belonging to the citizens of the other must be furnished with sea-letters or passports expressing the name, property, and bulk of the vessel, and also the name and place of habitation of the master or commander of said vessel, in order that it may thereby appear that the said vessel really and truly belongs to the citizens of one of the contracting parties. They have likewise agreed that such vessels being laden, besides the said sea-letters or passports, shall also be provided with certificates containing the several particulars of the cargo, and the place whence the vessel sailed; so that it may be known whether any forbidden or contraband goods be on board the same: which certificates shall be made out by the officers of the place whence the vessel sailed, in the accustomed form; without which requisites, the said vessel may be detained, to be adjudged by the competent tribunal, and may be declared legal prize unless the said defect shall be satisfied or supplied by testimony entirely equivalent to the satisfaction of the competent tribunal. [August 29: approved.]

Art. 24. It is further agreed that the stipulations above expressed, relative to visiting and examination of vessels, shall apply only to those which sail without convoy; and when said vessels are under convoy, the verbal declaration of the commander of the convoy, or his word of honor, that the vessels under his protection belong to the nation whose flag he carries, and when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient. [Approved: August 29.]

Art. 25. It is further agreed that, in all cases, the established courts for prize causes, in the country to which the prizes may be conducted, shall alone take cognizance of them. And, whenever such tribunal of either party shall pronounce judgment against any vessel or goods or property claimed by the citizens of the other party, the sentence or decree shall mention the reason or motives on which the same shall have been founded; and an authenticated copy of the sentence or decree, in conformity with the laws and usages of the country, and of all the proceedings of the case, shall, if demanded, be delivered to the commander or agent of said vessel, without any delay, he paying the legal fees for the same. [August 29: approved.]

Art. 26. For the greater security of the intercourse between the citizens of the United Mexican States and of the United States of America, it is agreed now, for then, that if there should be at any time hereafter an interruption of the friendly relations which now exist, or a war unhappily break out between the two contracting parties, there shall be allowed the term of six months to the merchants residing on the coast, and one year to those residing in the interior of the States and Territories of each other respectively, to arrange their business, dispose of their effects, or transport them wheresoever they may please, giving them a safe conduct to protect them to the port they may designate. Those citizens who may be established in the States and Territories aforesaid, exercising any other occupation or trade, shall be permitted to remain in the uninterrupted enjoyment of their liberty and property, so long as they conduct themselves peaceably, and do not commit any offence against the laws; and their goods and effects, of whatever class and condition they may be, shall not

be subject to any embargo or sequestration whatever, nor to any charge or tax, other than may be established upon similar goods and effects belonging to the citizens of the State in which they reside respectively; nor shall the debts between individuals, nor moneys in the public funds, or in public or private banks, nor shares in companies, be confiscated, embargoed, or detained. [September 1: approved.]

Art. 27. 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 nation do or may enjoy; it being understood that whatever favors, immunities, or privileges the United Mexican States, or the United States of America, may find 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 contracting parties. [September 1: approved.]

Art. 28. 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 character, they shall, before entering upon 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 of the consular district in which they reside. It is agreed, likewise, to receive and admit consuls and vice consuls in all the ports and places open to foreign commerce, who shall enjoy therein all the rights, prerogatives, and immunities of the consuls and vice-consuls of the most favored nation each of the contracting parties remaining at liberty to except those ports and places in which the admission and residence of such consuls and vice-consuls may not seem expedient. [September 1: approved.]

Art. 29. It is likewise agreed that the consuls, vice-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 compulsory public service, and also from all kind of taxes, imposts, and contributions levied specially on them, 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 every thing besides, subject to the laws of their respective States. The archives and papers of the consulates shall be respected inviolably, and under no pretext whatever shall any magistrate seize, or in any way interfere with them. [September 1: approved.]

Art. 30. 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 register of the vessel, or ship's roll, or other public documents, that the man or men demanded were part of said crews; and on this demand, so proved, (saving always where the contrary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall be placed 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 vessels to which they belonged, 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 not be again arrested for the same cause. [September 1: approved.]

Art. 31. 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, to form a consular convention, which shall declare specially the powers and immunities of the consuls and viceconsuls of the respective parties. [September 1: approved.]

Art. 32. For the purpose of regulating the interior commerce between the frontier territories of both republics, it is agreed that the Executive of each shall have power, by mutual agreement, of determining on the route and establishing the roads by which such commerce shall be conducted: and in all cases where the caravans employed in such commerce may require convoy and protection by military escort, the Supreme Executive of each nation shall, by mutual agreement, in like manner fix on the period of departure for such caravans, and the point at which the military escort of the two nations shall be exchanged. And it is further agreed, that until the regulations for governing this interior commerce between the two nations shall be established, the commercial intercourse between the State in Missouri, of the United States of America, and New Mexico, in the United Mexican States, shall be conducted as heretofore, each Government affording the necessary protection to the citizens of the other. [September 1: approved.]

Art. 33. It is likewise agreed that the two contracting parties shail, by all the means in their power, maintain peace and harmony among the several Indian nations who inhabit the lands adjacent to the lines and rivers which form the boundaries of the two countries; and the better to attain this object, both parties bind themselves expressly to restrain, by force, all hostilities and incursions on the part of the Indian nations living within their respective boundaries: so that the United States of America will not suffer their Indians to attack the citizens of the United Mexican States, nor the Indians inhabiting their territory; nor will the United Mexican States permit the Indians residing within their territories to commit hostilities against the citizens of the United States of America, nor against the Indians residing within the limits of the United States, in any manner whatever. And in the event of any person or persons, captured by the Indians who inhabit the territory of either of the contracting parties. being or having been carried into the territories of the other, both Gov cruments engage and bind themselves, in the most solemn manner, to return them to their country as soon as they know of their being within their respective territories, or to deliver them up to the agent or representative of the Government that claims them; giving to each other, recip rocally, timely notice, and the claimant paying the expenses incurred in the transmission and maintenance of such person or persons, who, in the mean time, shall be treated with the utmost hospitality by the local at thorities of the place where they may be. Nor shall it be lawful, under any pretext whatever, for the citizens of either of the contracting parties to purchase or hold captive prisoners made by the Indians inhabiting the territories of the other. [September 6: approved.]

Art. 34. It is likewise agreed, that in case any slaves should flee from their masters who may reside in any of the States or Territories of either

of the contracting parties, and pass to the States or Territories of the other, the master or masters of such slaves, or their lawful agents, may demand the assistance of the authorities of the country where they are found for their arrest, detention, and safe-keeping; and for this purpose the masters or their agents will have recourse to the nearest magistrate or competent officer. When this application is made, it shall be the duty of the magistrate or competent officer to cause said slaves to be arrested and detained; and if it shall appear that such slaves are actually the property of the claimant, the magistrate or competent officer shall deliver them to their owners or their agents, in order that they may be carried back to the country whence they fled; the claimants paying the costs and expenses of the arrest, detention, and safe-keeping of such slaves, and no other.

The contracting parties moreover stipulate that, upon demands being made reciprocally through their respective ministers or proper authorized officers, all persons shall be delivered up to justice who are accused of murder, or any other high crime, committed within their jurisdiction, and who may seek an asylum in the other; provided that this only shall be done upon such evidence of criminality as, according to the laws of the place where the person accused or fugitive is found, would justify his apprehension and trial in case the crime had been committed there. The expenses of the apprehension and delivery shall be on account of those who make the demand and receive the prisoner.

It is likewise further established, that the reclamations for fugitive criminals which may be made in virtue of this article, can only be made within the period of one year, dating from the arrival of such slave or criminal as may have taken refuge within the jurisdiction of the other party; and after the lapse of that time, they shall remain perfectly free. [September 12: rejected.]

Art. 35. The United Mexican States, and the United States 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 amity, commerce, and navigation, have declared solemnly, and do agree to the following points:

First. The present treaty shall remain and be of force for eight years from the day of the exchange of the ratifications, and until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of said term of eight years. And it is hereby agreed between them, that, on the expiration of one year after such notice shall have been received by either of the parties from the other party, this treaty, in all its parts relating to commerce and navigation, shall altogether cease and determine; and in all those parts which relate to peace and friendship, it shall be permanently and perpetually binding on both the contracting parties.

Secondly. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizens 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.

Thirdly. If (what, indeed, cannot be expected) any of the articles contained in the present treaty shall be violated, or infracted in any manner