« PreviousContinue »
lished in the territories of the United States and the Republic of Bolivia, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them.
Dhts, &c. rot to
Neither the debts due from the individuals of one nation to the individuals of the other, nor shares, nor moneys which they may have in the public funds, nor in public or private banks, be conâscared shall ever, in any event of war or of national difference, be sequestered or confiscated.
Both the contracting parties, being desirous of avoiding all inequality in relation to their public communications and official intercourse, agree to grant to the Envoys, Ministers, and other tion. 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 States of America or the Republic of Bolivia may find it proper to give to the Ministers and other public Agents of any other power shall, by the same act, be extended to those of each of the contracting parties.
Consuls and Vice
To make effectual the protection which the United States and the Republic of Bolivia shall afford in future to the navigation and commerce of the citizens of each other, they agree to re- Consuls, ceive and admit Consuls and Vice-Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation; each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls and Vice Consuls may not seem convenient.
In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, immunities, and prerogatives which belong to them by their public character, they shall, before entering upon 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 in the consular disriet in which they reside.
It is also agreed that the Consuls, and officers and persons attached to the consulate, they not being citizens of the country in which the Consul resides, shall be exempted from all kinds Consuls, &c of imposts and contributions, except those which they shall be obliged to pay on account of their commerce or property, to which the citizens or inhabitants, native or foreign, of the country in which they reside are subject, being, in everything besides, subject to the laws of the respective States. The archives and papers of the consulate shall be respected
inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them.
The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and cus. tody 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 vessels or ships' roll, or other public documents, that those men were part of the said crews; and on this demand, so proved, (saving, however, when the contrary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of 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 llberty, and shall be no more arrested for the same cause.
For the purpose of more effectually protecting their commerce and navigation, the two contracting parties agree, as soon hereafter as circumstances will permit them, to form a consular convention which shall declare especially the powers and immunities of the Consuls and Vice-Consuls of the respective parties.
The United States of America and the Republic of Bolivia, desiring to make as durable as circumstances will permit the relations which are established between the two parties by virtue of this treaty of peace, amity, commerce, and navigation, declare solemnly and agree to the fol lowing points:
Duration of this treaty.
1st. The present treaty shall remain in full force and virtue for the term of ten years, to be counted from the day of the exchange of the ratifications, and further, 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 ten years; and it is agreed between them that, on the expiration of one year after such notice shall have been received by either from the other party, this treaty, in all its parts relative to commerce and navigation, shall altogether cease and determine; and in all those parts which relate to peace and friendship, it shall be perpetual and permanently binding on both powers.
Infringe ment of
2d. If one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizen shall be held persontreaty by citizens. ally responsible for the same, and 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.
3d. If, (what indeed cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated, or infringed in any other mode whatever, it is expressly
Case of violation of
stipulated that neither of the contracting parties will order or authorize any act of reprisal, nor declare war against the other, on complaints of injuries or damages until the said party considering itself offended shall have first presented to the other a statement of such injuries or damages, verified by competent proofs, and demanded justice, and the same shall have been either refused or unreasonably delayed.
4th. Nothing in this treaty shall, however, be construed or operate contrary to former and existing public treaties with other Sovereigns and States.
The present treaty of peace, amity, commerce, and navigation shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the Republic of Bolivia, with the approbation of the National Congress; and the ratifications shall be exchanged in the capital of the Republic of Bolivia within eight months, to be counted from the date of the ratification by both Governments.
In faith whereof we, the Plenipotentiaries of the United States of America and of the Republic of Bolivia, have signed and sealed these presents.
Done in La Paz, on the thirteenth (13th) day of May, in the year of our Lord one thousand eight hundred and fifty-eight, (A. D. 1858.)
[L. S.] [L. S.]
JOHN W. DANA.
LUCAS M. DE LA TAPIA.
TREATY WITH BORNEO, CONCLUDED JUNE 23, 1850; RATIFICATIONS EXCHANGED AT BRUNI JULY 11, 1853; PROCLAIMED JULY 12, 1854. His Highness Omar Ali Saifeddin ebn Marhoum Sultan Mahomed Jamalel Alam and Pangiran Anak Mumin, to whom belong the govern ment of the country of Bruni and all its provinces and dependencies, for themselves and their descendants on the one part, and the United States of America on the other, have agreed to cement the friendship which has long and happily existed between them, by a convention, containing the following articles:
Peace and friendship declared.
Peace, friendship, and good understanding shall from henceforward and forever subsist between the United States of America and His Highness Omar Ali Saifeddin, Sultan of Borneo, and their respective successors and citizens and subjects.
The citizens of the United States of America shall have full liberty to enter into, reside in, trade with, and pass with their merLiberty of trade. chandise through all parts of the dominions of His Highness the Sultan of Borneo, and they shall enjoy therein all the privileges and advantages, with respect to commerce or otherwise, which are now or which may hereafter be granted to the citizens or subjects of the most favored nation; and the subjects of His Highness, the Sultan of Borneo, shall, in like manner, be at liberty to enter into, reside in, trade with, and pass through with their merchandise through all parts of the United States of America as freely as the citizens and subjects of the most favored nation; and they shall enjoy in the United States of America all the privileges and advantages, with respect to commerce or otherwise, which are now or which may hereafter be granted therein to the citizens or subjects of the most favored nation.
Citizens of the United States shall be permitted to purchase, rent, or Securities for prop. Occupy, or in any other legal way to acquire, all kinds of erty and persons. property within the dominions of His Highness the Sultan of Borneo; and His Highness engages that such citizens of the United States of America shall, as far as lies in his power, within his dominions, enjoy full and complete protection and security for themselves, and for any property which they may so acquire in future, or which they may have acquired already before the date of the present convention.
No article whatever shall be prohibited from being imported into or exported from the territories of His Highness the Sultan of Borneo; but the trade between the United States of America and the dominions of His Highness the Sultan of Borneo shall be perfectly free, and shall be subject only to the custom duties which may hereafter be in force in regard to such trade.
No duty exceeding one dollar per registered ton shall be levied on American vessels entering the ports of His Highness the Sultan of Borneo; and this fixed duty of one dollar per ton,
to be levied on all American vessels, shall be in lieu of all other charges or duties whatsoever. His Highness, moreover, engages that American trade and American goods shall be exempt from any internal duties, and also from any injurious regulations which may hereafter, from whatever causes, be adopted in the dominions of the Sultan of Borneo.
His Highness the Sultan of Borneo agrees that no duty whatever shall be levied on the exportation from His Highness' dominions of any article, the growth, produce, or manufacture of those dominions.
Ships of war.
His Highness the Sultan of Borneo engages to permit the ships of war of the United States of America freely to enter the ports, rivers, and creeks situate within his dominions, and to allow such ships to provide themselves, at a fair and moderate price, with such supplies, stores, and provisions as they may from time to time stand in need of.
If any vessel under the American flag should be wrecked on the coast of the dominions of His Highness the Sultan of Borneo, His Highness engages to give all the assistance in his power to recover for and to deliver over to the owners thereof all the property that can be saved from such vessels. His Highness further engages to extend to the officers and crew, and to all other persons on board of such wrecked vessels, full protection, both as to their persons and as to their property.
His Highness the Sultan of Borneo agrees that in all cases where a citizen of the United States shall be accused of any crime Trial of cases where committed in any part of His Highness' dominions, the per- American citizens are son so accused shall be exclusively tried and adjudged by the American Consul, or other officer duly appointed for that purpose; and in all cases where disputes or differences may arise between American citizens, or between American citizens and the subjects of His Highness, or between American citizens and the citizens or subjects of any other foreign power in the dominions of the Sultan of Borneo, the American Consul, or other duly appointed officer, shall have power to hear and decide the same, without any interference, molestation, or hindrance on the part of any authority of Borneo, either before, during, or after the litigation.
This treaty shall be ratified, and the ratifications thereof shall be exchanged at Bruni at any time prior to the fourth day of July, in the year one thousand eight hundred and fifty-four.
Done at the city of Bruni on this twenty-third day of June, anno Domini one thousand eight hundred and fifty, and on the thirteenth day of the mouth Saaban, of the year of the Hegira one thousand two hundred and sixty-six.
[L. S.] L. S.