The effect of such stipulations is, probably, to lead to disputes, or, at the least, to a variety of versions and interpre

cargo and the ship, 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 of so large a bulk, that they cannot be received on board the capturing ship 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.

“ART. 17. 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 circumstanced, 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 forces, she shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either, 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 reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof.

"ART. 18. In order to prevent all kind of disorder in the visiting and examination of the ships and cargoes of both the contracting parties on the high seas, they have agreed mutually, that whenever a vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain out of cannon shot, and may send its 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 ships shall be responsible with their persons and property; for which purpose the commanders of the 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 her papers, or for any other purpose what"ART.

ever.

tations, by which, in the end, the sound, wholesome parts of the treaty may be impeached. The greatest difficulty in re

"ART. 19. In case of war, sea letters, certificates of cargo, &c. to be furnished, expressing to whom the property belongs.

"ART. 20. Visiting regulations to apply only to vessels without

convoy.

“ART. 21. Established courts only to try prize causes. Motives of condemnation to be stated.

"ART. 22. Whenever one of the contracting parties shall be engaged in war with another state, no citizen of the other contracting party shall accept a commission, or letter of marque, for the purpose of assisting or cooperating hostilely, with the said enemy, against the said parties so at war, under the pain of being treated as a pirate. "ART. 23. In case of war, six months allowed to those on the coast, and twelve for those in the interior to remove effects, &c.

"ART. 24. Neither the debts due from individuals of the one nation to the individuals of the other, nor shares, nor moneys, which they may have in public funds, nor in public nor private banks, shall ever, in any event of war, or of national difference, be sequestered or confiscated.

"ART. 25. Official intercourse in relation to public ministers, &c. to be on a reciprocal footing.

"ART. 26. Each party permitted to have consuls in each other's ports.

"ART. 27. Commissions to be exhibited before exequatur is obtained.

"ART. 28. Consuls exempt from public service-their archives inviolate.

"ART. 29. 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 registers of the vessel's or ship's roll, or other public documents, that those men were part of the said crews; and on this demand, so proved, (saving, however, where the contrary is proved) the delivery shall not be refused. Such deserters, when arrested, shall be put 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 ships 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 be no more arrested for the same cause. "ART.

gard to treaties, even of the simplest form, has always consisted in the execution of them. The contrabands are very limited, being strictly confined to instruments of war or warlike purposes;-blockades and mode of search (unless accompanied with convoy) were defined, as has been done in other conventions, concluded by this country. The commercial articles do not recommend themselves particularly to notice; they all rest on the ancient basis of the most favoured nation, the United States reserving to themselves the right of securing any commercial advantages by offering equivalents. In examining the articles of the first treaty concluded between two free states of the American hemisphere, the friend of liberal stipulations will probably expect to find a complete developement of the favourite system of

"ART. 30. Consular convention to be formed. “ART. 31. The following points agreed to:

"1st. The present Treaty shall remain in full force and virtue for the term of twelve years, to be counted from the day of the exchange of the ratifications, in all the parts relating to commerce and navigation; and in all those parts which relate to peace and friendship, it shall be permanently and perpetually binding on both powers.

"2dly. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizen shall be held personally responsible for the same, and the harmony and good correspondence between the nations shall not be interrupted thereby; each party engaging in no way to protect the offender, or sanction such violation.

"3dly. If, (what indeed, cannot be expected) unfortunately, any of the articles contained in the present treaty shall be violated or infringed in any other way whatever, it is expressly stipulated, that neither of the contracting parties will order or authorize any acts of reprisal, nor declare war against the other, on complaints of injuries or damages, until the said party considering itself offended, shall first have presented to the other a statement of such injuries or damages, verified by competent proof, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed.

66

4thly. Nothing in this treaty contained shall, however, be construed, or operate contrary to former and existing public Treaties with other sovereigns or states."

this country.

But, after all, every provision of a treaty must be matter of construction and what new principle remains to be introduced, that is not to be found in the first convention adopted by the United States-the treaty of 1783 with Sweden and of 1785 with Prussia.-The whole system of this republic is, in reality, reduced to three or four general propositions,-the character of goods in neutral vessels,—an exact definition of blockade,—right of search and of contrabands, and with those countries, that have colonial possessions, regulations respecting colonial trade in time of war. In the beginning of our history, some regulations respecting privateers, prisoners of war, artisans, fishermen, &c. were inserted, releasing, in general, private property and all noncombatants from the desolations of war. But we have never seen these propositions renewed.*

* In December 1825 a general conyention of peace, amity, commerce and navigation was negotiated at Washington by Henry Clay, secretary of state and Antonio Jose Cañas, envoy extraordinary and minister plenipotentiary from the federation of the Centre of Ameri

ca.

This convention consists of thirty-three articles and, with the exception of the provisions, relating to commerce, is a literal copy of the treaty, made with Colombia, we have just recited. By that instrument the commerce of the two parties was placed on the footing of the most favoured nation; by this, on that of full and complete reciprocity. We shall extract only the articles, relating to this subject, referring for the others to the treaty with Colombia. The reader will observe, that the reciprocity is more perfect than in the commercial conventions with the European states, because it extends to all productions, whether foreign or domestic, whether exported from or imported into the places and territories of the respective parties or of all other places and territories.

"ART. 3. 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.

a

In 1826 an alteration was made in the commercial part of this treaty, and the condition of reciprocity, already exten

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 to their own separate laws.

"ART. 4. They likewise agree, that whatever kind of produce, manufacture 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 vessels of the Federation of the Centre of America; and that no higher or other duties, upon the tonnage of the vessel, or her cargo, shall be levied and collected, whether the importation be made in vessels of the one country, or of the other. And, in like manner, that whatever kind of produce, manufactures or nerchandise, of any foreign country, can be, from time to time, lawfully imported into the Central Republic, 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, or her cargo, shall be levied or collected, whether the importations be made in vessels of the one country, or of the other. And they further agree, that whatever may be lawfully exported, or reexported, from the one country, in its own vessels, to any foreign country, may, in like manuer, be exported, or reexported, 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 Central Republic.

"ART. 5. No higher or other duties shall be imposed on the importation into the United States of any articles, the produce or manufactures of the Federation of the Centre of America, and no higher or other duties shall be imposed on the importation into the Federa tion of the Centre of America, of any articles, the produce or manu. factures 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 Federation of the Centre of America, 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 Federation of the Centre of America, to or from the territories of the United States, or to or from the territories of the Federation of the Centre of America, which shall not equally extend to all other nations."