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4839 of the Netherlands in Europe, and reciprocally the Consuls and ViceConsuls of the Netherlands in the ports of the said States, shall con

tinue to enjoy all privileges, protection and assistance, as may be usual and necessary for the duly exercising of their functions, in respect also of the deserters from the vessels, whether public or private, of their countries.

ART. IV. The contracting parties agree to consider and treat as vessels of the United States and of the Netherlands, all such, as being furnished by the competent authority with a passport or sea-letter, shall, under the then existing laws and regulations, be recognised as national vessels by the country, to which they respectively belong. ART. V. In case of shipwreck or damage at sea, each party shall grant to the vessels, whether public or private, of the other, the same assistance and protection which would be afforded to its own vessels in like cases.

ART. VI. The present treaty shall be in force for the term of ten years, eommencing six weeks after the exchange of the ratifications; and further untill the end of twelve months, after either of the contracting parties shall have given to the other notice of its intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other, after the expiration of the said term of ten years. And it is hereby mutually agreed, that in case of such notice this treaty, and all the provisions thereof, shall, at the end of the said twelve months, altogether cease and determine. ART. VII. The present treaty shall be ratified.

BELGIQUE ET ESPAGNE.

Convention entre la Belgique et l'Espagne, pour régler la faculté réciproque de succéder et d'acquérir; signée à Madrid, le 4er Mars 1839.

Voir Moniteur belge 1839.

DEUX-SICILES ET SARDAIGNE.

Déclarations échangées entre la cour des Deux-Siciles et celle de
Sardaigne, concernant l'immunité des droits de navigation dans
tous les cas de relâche forcée, du ↳ Mai 1839.
Voir Traités publics de la roy. maison de Savoie, Tome 6, p. 83.

HESSE ÉLECTORALE ET SARDAIGNE.

Convention entre la Hesse électorale et la Sardaigne, pour l'abolition des droits d'aubaine et de détraction, signée à Turin et ratifiée le 13 Février 1839.

Voir Traités publics de la roy. maison de Savoie, Tome 6, p. 74.

ÉTATS-UNIS ET ÉQUATEUR.

Traité de paix, d'amitié, de navigation et de commerce entre les États-Unis de l'Amérique septentrionale et la république de l'Équateur; signé à Quito, le 13 Juin 1839.

ART. I. There shall be a perfect, firm and inviolable peace and sincere friendship between the United States of America and the Republic of Ecuador, in all the extent of their possessions and territories, and between their people and citizens, respectively, without distinction of persons or places.

ART. II. The United States of America and the Republic of Ecuador, desiring to live in peace and harmony with all the other nations of the earth, by means of a policy, frank and equally friendly with all, engage mutually, not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not im

1839

1839 mediately become commun to the other party, who shall enjoy the same freely, if the concession was freely made, or, on allowing the same compensation, if the concession was conditional.

ART. III. The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries on the liberal basis of perfect equality and reciprocity, mutually agree, that the citizens of each may frequent all the coasts and countries of the other, and reside and trade there in all kinds of produce, manufactures and merchandise; and they shall enjoy all the rights, privileges and exemptions, in navigation and commerce, which native citizens do, or shall enjoy, submitting themselves to the laws, decrees and usages there established, to which native citizens are subjected: but it is understood, that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties respectively, according io their own separate laws. And it is further agreed, that this article shall be subject to the following modification: That, whereas by a law of Ecuador of March 21st, 1837, vessels, built in the dock-yard of Guayaquil, shail be exempted from various charges, therefore, vessels of the United States cannot claim this privilege, but shall enjoy it if it, should be granted to vessels belonging to Spain, or to Mexico and to the other Hispano-American Republics.

ART. IV. They likewise agree, that whatever kind of produce, manufactures or merchandise of any foreign country can be, from time to time, lawfully imported into the United States', in their own vessels, may be also imported in the vessels of the Republic of Ecuador; and that no higher or other duties upon the tonnage of the vessel and her cargo, shall be levied and collected, whether the importation be made in the vessels of the one country or of the other; and, in like manner, that whatever kind of produce, manufactures or merchandise of any foreign country, can be, from time to time, lawfully imported into the Republic of Ecuador in its own vessels, may be also imported in vessels of the United States; and that no higher or other duties upon the tonnage of the vessel and her cargo, shall be levied or collected, whether the importation be made in vessels of the one country or of the other. And they agree, that whatever may be lawfully exported or re-exported from one country in its own vessels, to any foreign country, may, in like manner, be exported or re-exported in the vessels of the other country. And the same bounties, duties and drawbacks shall be allowed and collected, whether such exportation, or reexportation be made in vessels of the United States, or of the Republic of Ecuador.

ART. V. For the better understanding of the preceding article, and 1839 taking into consideration, the actual state of the commercial marine of Ecuador, it has been stipulated and agreed, that all vessels belonging exclusively to a citizen or citizens of the said Republic, and whose captain is also a citizen of the same, though the construction or the crew are, or may be foreign, shall be considered for all the objects of this treaty, as an Ecuadorian vessel.

ART. VI. No higher or other duties shall be imposed on the importation into the United States, of any articles, the produce or manufactures of the Republic of Ecuador; and no higher or other duties shall be imposed on the importation into the Republic of Ecuador, of any articles the produce or manufactures of the United States, than are, or shall be payable on the like articles, being the produce or manufactures of any other foreign country; nor shall any higher or other duties or charges be imposed in either of the two countries, on the exportation of any articles to the United States or to the Republic of Ecuador, respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed on the exportation or importation of any articles the produce or manufactures of the United States or of the Republic of Ecuador to or from the territories of the Republic of Ecuador, which shall not equally extend to all other nations.

ART. VII. It is likewise agreed, that it shall be wholly free for all merchants, commanders of ships and other citizens of both countries, to manage themselves, their own business, in all the ports and places subject to the jurisdiction of each other, as well with respect to the consignemnt and sale of their goods and merchandise be wholesale and retail, as with respect to the loading, unloading and sending of their ships; they being in all these cases to be treated as citizens of the country in which they reside, or, at least, to be placed on a footing with the subjects or citizens of the most favored nation. They shall be subject, however, to such general taxes and contributions, as are, or may be established by law.

ART. VIII. The citizens of neither of the contracting parties, shall be liable to any embargo, nor be detained with their vessels, cargoes, merchandise, or effects for any military expedition, nor for any public or private purpose whatever, without allowing to those interested, a sufficient indemnification.

ART. IX. Whenever the citizens of either of the contracting parties, shall be forced to seek refuge or asylum, in the rivers, bays, ports or dominions of the other, with their vessels whether merchant or of war, public or private, through stress of weather, pur

1839 suit of pirates or enemies, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage, without obstacle or hindrance of any kind.

ART. X. All the ships, merchandise, and the effects belonging to the citizens of one of the contracting parties, which may be captured by pirates, whether within the limits of its jurisdiction or on the high seas, and may be carried or found in the rivers, roads, bays, ports or dominions of the other, shall be delivered up to the owners, they proving, in due and proper form, their rights, before the competent tribunals; it being well unterstood, that the claim should be made within the term of one year by the parties themselves, their attorneys, or agents of their respective Governments.

ART. XI. When any vessels, belonging to the citizens of either of the contracting parties, shall be wrecked, foundered, or shall suffer any damage on the coasts or within the dominions of the other, there shall be given to them all assistance and protection in the same manner which is usual and customary with the vessels of the nation where the damage happens, permitting them to unload the said vessel, if necessary of its merchandise and effects, without exacting for it any duty, impost, or contribution whatever, unless they be destined for consumption.

ART. XII. The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament or otherwise, and their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestato, and they may take possession there of, either by themselves or by others acting for them, and dispose of the same at their will, paying such duties only, as the inhabitants of the country wherein the said goods are, shall be subject to pay in like cases. And if in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance on account of their character of aliens, there shall be granted to them the term of three years, to dispose of the same, as they may think proper, and to withdraw the proceeds without molestation, nor any other charges, than those which are imposed by the laws of the country.

ART. XIII. Both the contracting parties promise and engage, formally, to give their special protection to the persons and property of the citizens of each other, off all occupations, who may be in the territories subject to the other, transient or dwelling therein, leaving open and free to them, the tribunals of justice, for their judicial re

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